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Ethics > Controlling Bodies Of Legal Profession > Flashcards

Controlling Bodies Of Legal Profession Flashcards

1
Q

What are the primary controlling bodies of the legal profession in Nigeria?

A
  • The General Council of the Bar
  • The Nigerian Bar Association
  • Council of Legal Education
  • The Body of Benchers
  • Legal Practitioners Privileges Committee
  • Legal Practitioners Remuneration Committee
  • Legal Practitioners Disciplinary Committee
  • The Mandatory Continuing Legal Education Board
  • The body of Senior Advocates of Nigeria

Each body plays a distinct role within the legal framework of Nigeria.

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2
Q

When was the Council of Legal Education established?

A

By section 1(1) of the Legal Education (Consolidation, Etc.) Act LFN Cap L11 2004.

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3
Q

What are the functions of the Council of Legal Education?

A
  • Training of aspirants to the Bar
  • Organizing continuing Legal education for practitioners
  • Incidental matters arising from its functions
  • Prescribing qualifications for admission into the Nigerian Law School

The Council can refuse admission to the Nigerian Law School based on its criteria.

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4
Q

What is the composition of the Council of Legal Education?

A
  • A chairman appointed by the President
  • Attorneys-General of the States
  • A representative of the Federal Ministry of Justice
  • The head of the faculty of law from a recognized university
  • The President of the Nigerian Bar Association
  • Fifteen legal practitioners with at least ten years’ standing
  • The Director-General of the Nigerian Law School
  • Two authors of published legal works appointed by the Attorney-General

This diverse composition ensures representation from various legal sectors.

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5
Q

How long does a chairman of the Council of Legal Education hold office?

A

Four years, eligible for re-appointment.

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6
Q

What is the quorum required for the Council of Legal Education?

A

Ten members.

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7
Q

What is the Body of Benchers?

A

A body of legal practitioners of the highest distinction established under section 3(1) of the Legal Practitioners Act (LPA).

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8
Q

What are the functions of the Body of Benchers?

A
  • Formal call to the Bar
  • Prescription of call fees
  • Regulation of dining terms for aspirants
  • Sponsorship of aspirants for call
  • Issuing Certificate of Call to the Bar
  • General control of the affairs of the Nigerian Bar Association
  • Discipline of aspirants and legal practitioners
  • Appointment of the Caretaker Committee of the NBA

The Body of Benchers plays a critical role in maintaining standards within the legal profession.

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9
Q

Who are the members of the Body of Benchers?

A
  • The Chief Justice of Nigeria
  • All Justices of the Supreme Court
  • The President of the Court of Appeal
  • The Attorney-General of the Federation
  • Presiding Justices of Court of Appeal Divisions
  • Chief Judges of the Federal High Court and States
  • The President of the Nigerian Bar Association
  • The Chairman of the Council of Legal Education
  • Thirty legal practitioners nominated by the NBA
  • Up to ten eminent members of the legal profession

This structure reflects a blend of judicial and legal expertise.

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10
Q

What privileges are conferred on Life Members of the Body of Benchers?

A
  • Exclusive right to sit at the inner bar
  • Right to mention any cause or matter out of turn

These privileges are indicative of their esteemed status within the legal community.

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11
Q

What is the Nigerian Bar Association (NBA)?

A

A body recognized by law but not created by statute, consisting of all lawyers.

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12
Q

What are the functions of the Nigerian Bar Association?

A
  • Maintenance of the independence of the Bar
  • Defence of the Bar in relation to the judiciary and executive
  • Discipline of lawyers
  • Promotion of good relations among members
  • Promotion of legal education and law reform

The NBA plays a vital role in advocacy and the protection of legal practitioners’ interests.

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13
Q

What is the General Council of the Bar?

A

Established by section 1 of the LPA.

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14
Q

What are the functions of the General Council of the Bar?

A
  • Making rules of accounts for legal practitioners
  • Making and revising rules of professional conduct

These functions are essential for maintaining ethical standards in the legal profession.

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15
Q

What is the Legal Practitioners’ Disciplinary Committee responsible for?

A

Considering and determining cases of alleged misbehavior by legal practitioners.

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16
Q

What is the composition of the Legal Practitioners’ Disciplinary Committee?

A
  • The Attorney-General of the Federation as chairman
  • Attorneys-General of the States
  • Twelve legal practitioners with at least ten years’ standing

This committee ensures accountability within the legal profession.

17
Q

What are the functions of the Legal Practitioners Privileges Committee?

A
  • Conferment of the rank of Senior Advocate of Nigeria

This is a prestigious title awarded to distinguished legal practitioners.

18
Q

What qualifications are needed for the conferment of the title of Senior Advocate of Nigeria?

A
  • 10 years post-call
  • Payment of N600,000.00 processing fee and N200,000.00 conferment fee
  • Evidence of 20 judgments from superior courts
  • Evidence of current active practice
  • Confidential reports from judges and legal practitioners
  • Evidence of legal development contributions
  • Must have a standard law office
  • Evidence of practicing fees and income tax payments
  • Evidence of pro bono services
  • Demonstrated leadership qualities

These rigorous requirements ensure that only the most qualified practitioners receive this honor.

19
Q

What privileges do Senior Advocates of Nigeria enjoy?

A
  • Sitting at the inner Bar
  • Right to mention a motion out of turn
  • To be robed in a silk gown

These privileges reflect their elevated status in the legal profession.

20
Q

What restrictions are placed on Senior Advocates of Nigeria?

A
  • Cannot appear or settle documents less than N400.00
  • Cannot appear alone in civil cases without a junior or another SAN

These restrictions are intended to maintain professional standards and mentorship within the legal profession.

Ethics (8 decks)

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