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Professional Ethics > Regulatory Bodies > Flashcards

Regulatory Bodies Flashcards

1
Q

What are the are the regulatory bodies of the Legal Profession?

A

Body of Benchers - S.3 Legal Practitioners Act

Legal Practitioners Disciplinary Committee - S.11 Legal Practitioners Act.

Legal Practitioners Privileges Committee (LPPC) - S.5 Legal Practitioners Act

Legal Practitioners Remuneration Committee - S.15 Legal Practitioners Act

Council of Legal Education - S.1 (1) Legal Education (Consolidation) Act

Nigerian Bar Association

General Council of the Bar

Nigerian Judicial Council

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2
Q

Body of Benchers

A

This is the body with the highest distinction in the legal profession.

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3
Q

What does it consist of?

12

A

 Chief Justice of Nigeria (Life Bencher) and all the Justices of the Supreme Court.
 The President of the Court of Appeal and the Justices of the Court of Appeal divisions.
 The Attorney General of the Federation.
 Attorneys General of all the States.
 The Chief Judge of the Federal High Court.
 Chief Judge of the FCT.
 The Chief Judges of all the States.
 The Chairman of the Council of Legal Education.
 30 legal practitioners nominated by the NBA.
 Not more than 10 legal practitioners who appear to the Body of Benchers to be eminent legal practitioners of not less than 15 years post call.

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4
Q

How does a person cease to be a member?

A
  • An individual may cease to be a member if he voluntarily resigns.
  • If he ceases to holds the office by virtue of the office of which he was appointed.
  • if he is removed for misconduct.
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5
Q

Is the Body of Benchers a juristic person?

A

 The body is a juristic person meaning they can sue and be sued.

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6
Q

Quorum for Benchers

A

10

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7
Q

Types of Benchers

A

 There are two types of benchers namely: Benchers and Statutory Life Bencher.

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8
Q

Statutory Life Benchers

A

o This means that if they seize to be holders of the offices, they will still be members.
o The CJN is an automatic life Bencher.

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9
Q

Rights and Privileges of a Life Bencher

A

o They have the exclusive privilege of sitting at the inner bar.
o The right to mention any cause or matter, on the cause list and not otherwise listed for hearing out of turn.

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10
Q

Functions of the Body of Benchers

A
  1. The formal call to bar of persons seeking to become legal practitioners.
  2. Disciplinary jurisdiction over legal practitioners.
  3. Disciplinary jurisdiction over students seeking to become members of the legal practitioners.
    S.19 (2): this function is delegated to the council of legal education.
    1. They prescribe the call fees to be paid by aspirant.
       It was previously responsible for the prescription of practicing fees- this is now performed by the AGF as Chair of Gen Council of the Bar in consultation of the NBA.
  4. Issuance of Certificate of Call to Bar to new wigs –S.4 (3) LPA.
  5. They prescribe the number of dining terms- currently three times.
  6. Ensure aspirants are of good character.
  7. Maintain at all times the traditional values of the profession.
  8. The Body of Benchers has also been given the responsibility of the general management of the affairs of the NBA.
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11
Q

How many dining terms are students expected to keep?

A

• Students are generally expected to keep three dinning terms.

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12
Q

Behaviour during law dinner.

A
  • Students are expected to observe decent behavior with appropriate table manners and decorum.
  • During dinner students are allowed to speak to colleagues in low tones.
  • Not allowed to move about.
  • Not allowed to take photographs.
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13
Q

Format of Law Dinner

A
  1. Students are to be checked in and seated latest 30 minutes to the time.
  2. The D-G or Deputy D-G will file in with the professional staff of the law school.
  3. The Members of the Body of Benchers will follow after *three knocks. Students are expected to remain standing.
  4. Opening prayer is said.
  5. Students are expected to stand up for the opening prayer.
  6. A Bencher will give the loyal toast.
  7. The dinner is served- it is usually a 3 course meal.
  8. There will be an after dinner speech.
  9. All will stand for the closing prayer.
  10. Benchers leave first.
    n. b:. After the benchers’ entry, you will not be allowed entry or exit.
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14
Q

Loyal Toast

A

In the course of eating a member of the body of benchers will propose a loyal toast:

May I request all of you to rise up and charge your glasses. The FRN is a nation abundantly blessed by God in all areas of human endeavour.

May we toast, to the prosperity and sustainance of the Federal Republic of Nigeria.

Reply: To the Federal Republic of Nigeria.

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15
Q

Legal Practitioners Disciplinary Committee

A
  • Established under S.11 Legal Practitioners Act.
  • It is responsible for allegations of misconduct by legal practitioners.
  • Punishing the offence.
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16
Q

Who does the disciplinary committee consist of?

2-2-2-4

A

• The committee consists of:

  1. A Chairman who shall be either the CJN or a Justice of the Supreme Court.
  2. Two Justices of the Court of Appeal, one of whom shall be the President of the Court of Appeal.
  3. Two Chief Judges.
  4. Two Attorneys-General who shall be either the Attorney General of the Federation and an Attorney General of a State or two State Attorney Generals.
  5. Four Members of NBA unconnected with either the investigation of a complaint or the decision by NBA to present a complaint against a legal practitioner for determination by the disciplinary Committee.
17
Q

Functions of the Legal Practitioners Disciplinary Committee.

A

o Consider and determine complaints against legal practitioners.
o Orders restoration of name: this occurs in rare instances.

18
Q

Composition of Council of Legal Education

A

 Composition:
 The Chairman is appointed by the on the Federal Attorney General’s recommendation.

 Attorney General of all the states (and in the absence of a State Attorney General, the Solicitor General).

 A representative of the Federal Ministry of Justice appointed by the Federal Attorney General.

 Heads of Faculty of Law of recognised universities in Nigeria, whose course of legal studies is approved by Council as sufficient qualification for admission to the Law School.

 The President of the NBA.

 15 persons entitled to practise as legal practitioners in Nigeria of not less than 10 years post call selected by NBA.

 The Director General of the Law School.

 Two authors of published learned works in the field of law appointed by the Federal Attorney General.

19
Q

Functions of the Council of Legal Education

A

 It is the responsibility of the legal education to make sure that aspirants to the bar are properly trained.

 Issue Qualifying certificates.

 Responsible for continuing legal education for legal practitioners.

20
Q

Legal Practitioner Privileges Committee

A
  1. The Chief Justice of Nigeria. (Chairman)
  2. One Justice of the Supreme Court.
  3. President of the Court of Appeal.
  4. The Attorney General of the Federation.
  5. Five Chief Judges of State High Courts.
  6. The Chief Judge of the Federal High Court.
  7. Five Legal Practitioners who are SANs.
21
Q

Functions of the Legal Practitioners Privileges Commitee

A
  1. Conferment of the rank of SAN on legal practitioners of not less than 10 years post call who have achieved distinction in the legal profession.
  2. Making rules as to obligations and privileges to be conferred on SANs as well as restrictions and mode of appearance to ensure the dignity of the rank of SAN.
  3. Withdrawal of the rank of SAN.
22
Q

Sanctions issued by the Legal Practitioners Privileges Commiteee

A
  1. Withdrawal of the rank.
  2. Suspension for a period not less than 6 months.
  3. Issuance of letter of reprimand.
  4. Payment of costs.
  5. Restitution.
23
Q

Function of LEGAL PRACTITIONERS REMUNERATIVE COMMITTEE

A

The Committee is established by Section 15 of the Legal Practitioners Act.
It is empowered by Section 15(3) to make provision for:

 Responsible for making orders regulating the charges or remuneration of LPs.

24
Q

Who does the does the Legal Practitioners Remuneration Committee compose of?

A
  1. The Federal Attorney General.
  2. States Attorneys General.
  3. The Nigerian Bar Association President, and
  4. 3 NBA Members appointed by NBA.
25
Q

Is the Nigerian Bar Association established by statute?

A

 The Nigerian Bar Association is not established by statute unlike the other controlling bodies.
 However, it is recognised by statute.

26
Q

How do you become a member of the NBA?

A

 Membership is automatic for anyone that has been called to the Nigerian Bar.

 Must have paid practicing fees by the 31st of March.

27
Q

Functions of the NBA

A

i. Issues annual practicing certificate to those that have paid the fee.
ii. Keep database of legal practitioners with offices in branches.
iii. Promotes good relationship amongst members.
iv. Investigated complaints against LPs.
v. Approves seal for use by lawyers.

28
Q

Is the NBA a juristic person?

A

No.

 The NBA is NOT a jurist if person it can only be sued in the name of the Registered Trustees of the NBA.

 Fawhenmi v NBA

29
Q

Composition of the NBA

A

Every person duly enrolled, as a legal practitioner in Nigeria is a Member of NBA.

30
Q

Categories of NBA Membership?

A

I. Full membership and

II. Honorary membership.

31
Q

Who are full member?

A

Those enrolled as legal practitioners are full members.

32
Q

Who are honorary members?

A

Honorary Memebers are members of the legal profession within or outside Nigeria admitted as such by the Annual General Conference on the recommendation of the National Executive Committee, and they include serving and retired Judges and Magistrates.

33
Q

Who does the National Judicial Council consist of?

A
  • CJN as Chairman
  • Next most senior Justice of the SC as Deputy
  • President of the CoA
  • 5 retired Justices of the SC or CoA
  • Chief Judge of the Federal HC
  • 5 Chief Judges of the States
  • 1 Grand Khadi
  • 1 President of the Customary of the Customary Court of Appeal.
  • 5 Members of the NBA not less than 15 years post call at least 1 must be a SAN.
  • 2 persons of unquestionable integrity.
34
Q

Functions of the NJC

A

o Recommend persons for appointment as Judicial Officers.
o Recommendation for removal of Judicial Officer- it is the Governor or President that actually removes them.
o Disciplinary powers.
o Policy and Administration.

35
Q

General Council of the Bar

A

 Section 1(1) Legal Practitioners Act.

 The General Council of Bar, referred to as “Bar Council” is established by S.1 (2) LPA.

36
Q

Membership of the General Council of the Bar

A
  • AGF is the Chairman of the council.
  • A-G of the States
  • 2 LP that are 10 year post call appointed by the NBA
37
Q

Functions of the General Council of the Bar

A
  • By S.1 (1) LPA, the Bar Council was originally charged with the general management of the affairs of NBA subject to any limitations provided by the NBA Constitution but this power has been transferred to the Body of Benchers.
  • The power of the Bar Council to make rules of account to be kept by legal practitioners is still intact.
  • Its power to make and revise rules of professional conduct is still intact.
38
Q

Order of Precedence in Court

7

A
  1. The Federal Attorney General.
  2. States Attorney General (only in that State).
  3. Life Benchers.
  4. SANs in order of seniority.
  5. Persons authorised to practice as legal practitioners by virtue of Section 2(3)(b) of the LPA by virtue of their office. For example, Legal Officers in the Ministry of Justice.
  6. Persons whose names are on the Roll in order of seniority of enrolment.
  7. Persons authorised to practice by warrant of the CJN

Professional Ethics (5 decks)

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