History Of Legal Profession

Question 1

What are the era’s of the Legal Profession?

Answer 1

1876 - 1914
1914 - 1962

Current Situation

Question 2

What are the categories in 1876-1914

Answer 2

Professionally Qualified Legal Practitioners

Those articled in firms.

Local Attorneys

Question 3

Professionally Qualified Legal Practitioners

Answer 3

o Section 71 of the Supreme Court Ordinance empowered the Chief Justice to approve, admit and enrol to practise as Barristers and Solicitors such persons who have been called to the Bar or admitted as Solicitors in England, Scotland and Ireland.

Question 4

Those articles in law firms

Answer 4

Any person who had served five years continuously in the Office of practising Barrister or Solicitor residing within Jurisdiction of the Court.

Question 5

Local Attorneys

Answer 5

• These were those who had no formal qualification but who by virtue of their exposure and experience acquired certain degree of knowledge in the practice of the legal profession. They were referred to as ‘local attorneys’.

Question 6

What was the second era

Answer 6

1914 -1962

Question 7

Who was qualified in the second era?

Answer 7

1. Barristers
2. Graduate Barristers
3. Solicitors

Question 8

Barristers

Answer 8

In England, aspirants to the Bar were required to join one of the four Inns of the Court, namely:

i. Inner Temple.
ii. Middle Temple.
iii. Grays Inn and
iv. Lincolns Inn.

• The four Inns constituted the English Council of Legal Education.
• A student who passed the examinations and kept the Dining Terms was entitled to be called to the Bar by the Benchers of his Inn.

Question 9

What post call qualification was required of a Barrister in England?

Answer 9

• A three-month post-call practical course and one year pupilage in a Law Chamber was also required for a Barrister who intended to practice in England.

Question 10

Graduate Barristers

Answer 10

• Although a law degree was not required to be a Barrister, most English aspirants had University law degree.
• Also graduate Barristers in the Nigerian Civil Service had an advantage over non-graduate ones because they earn higher salaries.

Question 11

SOLICITORS

Answer 11

• To qualify as a Solicitor, a person was required to be articled to a firm of Solicitors in England for at least four years.

Question 12

Difference between Legal Practice in England and Nigeria.

Answer 12

1. An English-trained lawyer, having trained as either a Barrister or Solicitor would be deficient being enrolled in Nigeria to practice as both a Barrister and Solicitor.
2. This deficiency is that in England he studies English textbooks and case law or law reports.
3. In England, in Constitutional Law, he studied the Unitary System of Government whereas Nigeria is a Federation. He also did not study Nigerian Land Law or Nigerian Customary Law.
4. Lawyers who had trained and enrolled in England and who did not intend to practice in England were not mandated to take the three months post-call practical course or serve pupillage for one year in a Law Chamber.

Question 13

Unsworth Committee

Answer 13

It was formed to establish a Nigerian System of Legal Education

Question 14

Recommendations of the Unsworth Commitee

Answer 14

1) Nigeria should establish its own system of Legal Education.
2) A Faculty of Law should be established first at the University College, Ibadan and future universities.
4) Qualification for admission for Legal practice in Nigeria should be:

a. A law degree of a university whose course for the degree is organised or prescribed by the Council of Legal Education.
b. The vocational course prescribed by the Council at the Law School established by it.

Question 15

Current Legal Situation

Answer 15

Under the Legal Practitioners Act, there are three classes of persons are entitled to practise as Legal Practitioners in Nigeria:

1) Those entitled to practice generally.
2) Those entitled to practice for the purpose of any particular office.
3) Those entitled to practice for the purpose of any particular proceeding by warrant.

Question 16

Those entitled to practice generally

Answer 16

S.2 (1) of the Legal Practitioners Act provides that:
• A person shall be entitled to practice as a Barrister and Solicitor if, and only if, his name is on the Roll.

• A person can only have his name on the roll if he has been called to the bar per Mobil Oil PLC v Yusuf .

Question 17

How is a person qualified to be called to bar?

Answer 17

• A person is qualified to be called to bar if, per S.4 (1) LPA:

i. He is a citizen of Nigeria.
ii. He produces a qualifying certificate to the Benchers.
iii. He satisfies the benchers that he is of good character.

Question 18

How do you obtain a qualifying certificate?

Answer 18

1. A candidate is required to take prescribed courses of lectures (Bar Part 1 and 2 as appropriate).
2. Keep 3 dining terms.
3. Undergo the 3 months externship programme and pass the portfolio assessment.
4. Pass the Bar Final Examinations.
5. Obtain a qualifying certificate and call to bar certificate upon being called to the bar.
6. Present the call to bar certificate to the registrar at the Supreme Court.
7. Have his name enrolled in the roll of legal practitioners.

Question 19

Exemption from the NLS Course

Answer 19

• The Council of Legal Education is empowered to exempt a person from attendance at the Law School before issuing of a qualifying certificate – S.5 (1)(b) and S.5(2)(b) of the Legal Education Act.

Question 20

Types of Exemptions

Answer 20

FULL EXEMPTION entails exemption from both Bar Part 1 and Bar Final.

THE PARTIAL EXEMPTION entails exemption from only Bar Part 1.

Question 21

Criteria for Full Exemption

Answer 21

1) If he is a Nigerian citizen.
2) If he is qualified to be admitted at the Law School.
3) If at the time he qualified to attend the Law School or a reasonable time thereafter, he lost the opportunity of doing so for reasons beyond his control.

Question 22

Partial Exemption

Answer 22

1. Graduates from Common Law jurisdictions that have taught law for five years and above in a Faculty of Law in a Nigerian University can be exempted.
2. Graduates from Common Law jurisdictions that have taught Law in a Faculty of Law in a Nigerian university for 10 years and above.

Question 23

Those entitled to Practice by Virtue of Office

Answer 23

S.2 (3) of the Legal Practitioners Act provides as follows:
A person for the time being exercising the functions of any of the following offices, that is to say –

a. The Office of the Attorney General,
b. Solicitor General or
c. Director of Public Prosecutions of the Federation or of a State;
d. Such offices in the Civil Service of the Federation or of a State as the Attorney General of the Federation or of the State, as the case may be, may by order specify, shall be entitled to practise as a Barrister and Solicitor for purposes of that office.

Question 24

Those entitled to practice in a particular proceeding by warrant

Answer 24

1. There must be an application to the Chief Justice.
2. You must be qualified in your own country with a legal system similar to Nigeria.
3. The CJ must be of the opinion on that it is expedient to permit that person to practise as a Barrister for the purpose of proceedings described in the application.
4. The person must pay a fee of N50 Naira.