Rights and Restrictions Of A Legal Practitioner

Question 1

What are the Rights of a Legal Practitioner?

Answer 1

1) S.8 (1) LPA gives a Legal Practitioner the right to represent a litigant and have audience in all the Courts of law sitting in Nigeria.
- Uzodinma v COP
2) S.22 (1) (d) LPA provides that a Legal Practitioner has the exclusive right to prepare documents relating to grant of probate or letters of administration for a fee or reward.
3) Incidental matters to the formation of a company: S.35(3) CAMA Only Legal Practitioners signs a statutory declaration on compliance.
4) Only legal practitioners are appointed as Attorney General (Federal and States) and Minister of Justice.
5) Only a legal practitioner can be appointed as a Judge of a Superior Court. The only exceptions are appointment to the Sharia Court of Appeal and the Customary Court of Appeal.
6) Only Legal Practitioners can be conferred of rank of SAN.
7) Legal Practitioners have a right to deal with the preparation of documents relating to proceedings in court: pleadings, motions, written addresses, affidavits etc.

Question 2

Restrictions of a SAN

Answer 2

• Section 5(8) LPA: provides that a Senior Advocate of Nigeria shall not practise as a Member of the Legal Profession other than as a Barrister unless he is in partnership with a legal practitioner who is not a Senior Advocate of Nigeria.
• A Senior Advocate of Nigeria shall not appear in a superior Court in a civil case without a junior counsel or another SAN.
• He is not allowed to appear in an inferior Court such as an Area Court.

Question 3

Restrictions of Legal Practitioners

Answer 3

1) Practicing Fees: No legal practitioner shall be accorded the right of audience in any Court in Nigeria unless he has paid to the Registrar of the Supreme Court in respect of that year, the Attorney General of the Federation from time to time prescribes a practicing fee as after consultation with the Association.
- Rule 9(1)(2)RPC
2) Salaried Employment: Rule 8 RPC provides that in general a Member of the Bar while a servant or in salaried employment of any kind should not appear as an advocate in the Supreme Court or in any High Court.
3) Retired Judicial Officers shall not appear as legal practitioners in any Court or tribunal in Nigeria. For Example: Office of CJN or Justices of the Supreme Court, President or Justices of the Court of Appeal.