THE STRUCTURE OF THE PROFESSION QUALIFYING PROCESS AND DISCIPLINE OF LEGAL PROFESSION IN THE AFRICA AN COUNTRY



There are many organs making up controlling organs of the profession in Nigeria which are:-
1.         The council of legal education  
2.         Body of benches
3.         Legal practitioner privileges committee
4.         Legal practitioners remuneration committee
5.         Legal practitioners disciplinary committee
6.         General council of the bar.

Council of legal Education
This is the umbrella body for the Nigeria law school. It was brought about the legal education (consolidation) Act of 1990. This is body corporate with perpetual succession and of common seal. It is responsible for the following function:
(a)       Legal education of person seeking to be members of the legal            profession S. I (2) on legal education Act. 
(b)       It is responsible for continuing legal education for legal          practitioners S.2
(c)       It is responsible for incidental matters.
           
            By virtue of S-1(5) of legal education Act (LEA), the council has power to do such things as it considers expedient for the purpose of performing it functions. Here, the council has prescribed conditions which a university faculty of law most comply with before it product one eligible for administration in to the Nigeria law school. It has prescribed good conducts for admission into the school. It has been upheld by the court compassion are:
(a)       Chairman is appointed by the national council of ministers upon      the recommendation of the A.G. federation. However, serving or       retired CJN or former AG federation, are often appointed.
(b)       A.G states or where there are no A.G.S, the solicitor general of the    state.
(c) Representative of the federal ministry of justice appoinled appointed    by A.G federation.
(d)       Head of the faculty of law of every recognized university whose       course of studies has been approved by the council as being sufficient qualification into Nigeria law school.    
(e)       The president of the Nigeria Bar association
(f)        15 persons entitled to practice as legal practitioners in Nigeria of      not less than 10 years  
(g)       The Director General of the Nigeria Law School
(h)       Two learned authors will published wrong appointed by the   attorney general of the federation who have their books published.  

(2)       Body of Benchers
            This body was first established in 1974 by the legal practitioners (amendment) Decree which is now re-enacted as S.7(1) of the legal practitioners Act 2004. it is “A ;body of legal practitioners of the highest distinction in the legal profession in Nigeria” it was first thought of in 1967 by council of legal education (CLE). So as to bridge the gap between the students of the law school and senior members of the bench and the bar and to learn professional etiquette.


Functions of body of benchers                
(a)       Formal call to Bar or persons seeking to become legal practitioners section 3 (1) L.P.A.
(b)       They prescribe call fee see section 5(5) (d) or L.P (amendment)        decrees 2, of 1999.
(c)       They exercise disciplinary jurisdiction over members of the legal     profession and student seeking to become legal practitioners.        They have made regulations prescribing the keeping or three             dining terms by aspirants to the Bar and that aspirant must be of       unblemished conduct and are to be sponsored by two members fo         the body of bencher.
(d)    They issues certificate of call section 4(3) LFA
(e)       they prescribe practice
(f)        General management of the affair of the NBA

3.         LEGAL PRACTITIONERS PRIVILEGES 
Committee: This was established by S.5(3) of the legal practitioners Act (LPA) S.5 therefore provides for the function of the committee thus
1.         Conferment of the rank of senor advocate of Nigeria on legal practitioners of
(i)        Not less than 10 years standing
(ii)       Who have achieved distinction in the legal profession the      committee determines what translate into distinction.
(iii)     The committee is responsible for making rules as to obligation and   privileges to be conferred on the SANs by virtue of privileged and       function rules of 1979; the follow privileges have been conferred or Sans:-
(a)       The exclusive right to sit in the inner Bar or where there is no            facility for inner Bar, the front roles of the seats meant for legal   practitioners.   
(b)       The right to mention any motion in which the is appearing or any      course or matter which is in the list. For mention and not otherwise    listed for hearing out of its form or the cause list.

(4)       LEGAL PRACTITIONERS REMUNERATION  
Committee (S.15 LPA) function, this body is responsible for the general regulation of changes of legal practitioners, especially in conveyance. The old scale of changes for conveyancing matters has been replaced by government legal notice No.198 of is August 1991. The old scale was made in 1971 but has been replaced by the legal practitioners (remuneration for legal documentation and other land matters) order 1991.
(5)       LEGAL PRACTITIONER DISCIPLINARY COMMITTEE
S.10 of legal practitioner Act provides for this body, it is responsible for considering alleged misbehaviour by legal practitioners which affect the legal profession and if determines the punishment thereof the composition is:-
(a)       A.G federation as chairman
(b)       A.G for states
(c)       12 legal practitioners of not less than 10 years standing appointed    by benchers upon nomination by the Nigeria Bar association.               

(6)       GENERAL COUNCIL OF BAR (S.) LPA;
            This body is responsible for the general management of the affair of Nigeria Bar Association but subject to any limitation for the time being provided by the constitution of the association. Any decision of the council may be revoked or modified by the annual general conference or any general meeting of the association see S. 6(6) of the associations constitution.

(7)       THE NIGERIA BAR ASSOCIATION            
            The NBA is not a creation of any statute, although its existence is given full recognition by LFA as a result of which it has representative in most of the bodies crated by the Act. e.g council of legal education and body of bencher.
            The substance of the body is provided for by the Act which stipulates that a legal practitioner shall pay a practicing for before being given a right of audience in court and 90”6 of practicing fees shall be paid over to the association for its substances see S.8(2) or LPA.
            Membership of other association is for every person enrolled belongs to this association.
            The Nigeria Bar Association is responsible for maintenance of the honour and independence of the Bar and the defence of the Bar in its relation will the judiciary and the executive. It is responsible for maintenance of the highest standard of professional conduct etiquette and professional discipline.  It is responsible for promotion of good relations among member of the association and also promotion of legal education and law reform.

ORDER OF PRECEDENCE IN COURT      
(1)       A.G federation as chief law officer.
(2)       A.G or the state in order SAN amongst them will take precedence     over other and thereafter the order of seriously of enrollment.
(3)       Member of the body of benchers
(4)       SANs in order of sonority
(5)       Public officers who can practice as barristers and solicitors for         the purpose of their offices eg solicitor-general of the federation            see S.2 (3) (b) of LPA.
(6)       Person whose name are in roll in order of seniority
(7)       Persons authorized to practice by warrant eg foreign legal      practitioners.    
   
Legal profession of Ghana is provided under legal profession Act. section of the Act provides for the general legal council which states at sub(1) or section 1 that
(1)       There shall continue to be a body, to be called the general legal council, which shall be concerned with the legal profession and in particular
(a)       with the organization of legal education.
(b)       with upholding standards of professional conduct. 
            At section 2 of the Act it provides for status of lawyer going by the language or the Act it provide that “Every one whose name is entered on the Roll to be kept under this part shall
(a)       subject to section 8 or the Act, be entitled to practice as a lawyer, whether as a barrister or solicitor or both, and to sue for and recover his fees, change and disbursement for services rendered as such and
(b)       be an officer of the courts and
(c)       when acting as a lawyer, be subject to all such liability as attaches by law to a solicitor.
            That  is to stay, that the structure of Ghana legal profession allows any person who is enrolled to act both as solicitor and as barrister at themselves unlike some other African company that such person are only entitled to either practice as a barrister or solicitor and not both.
            Qualifying process in Ghana legal profession section 4 or the Act provides that with effect from the first day of January, 1971 a person shall not be qualified for enrolment under any provision holder or a degree from a university approved by the general legal council (As inserted by legal profession Act (amendment) (No.2) decree 1967 (NLCD213) S. 1(b).
            There are some disciplinary measures use against and legal practitioners/lawyer who has been quality or grave misconduct in a professional respect, such person shall be liable to any or:
(a)       To have his name structure the roll of lawyers or
(b)       To be prohibited from practicing as a lawyer for a period specified in the order suspending him.
            On such person appealing against his or her prohibition or suspension or shirking his name, a allow the appeal the person name will not streak out.

NAMIBIA
Qualifying process of a legal practitioner in Namibia, section 5(1) of the Act stated that a person shall be duly qualified to practice law in Namibia if (a) he or she holds a degree in law from the university of Namibia or an equivalent qualification in law from a university or a comparable educational institution situated outside Namibia which has been prescribed by the minister under subsection 4(a) for the purposes of this paragraph and he or she has, subject to subsections (2) and (3) been issues with a certificate by the board stating that he or she
(i)        has satisfactorily undergone practical legal training and
(ii)       has passed the legal practitioner qualifying examination
(b)       he or she holds a degree, diploma or certificate in law which immediately before the commencement of the Act was prescribed under the attorneys Act. 1979 (Act 53 of 1978) as a degree, diploma or certificate which entitled a holder thereof to be admitted as an attorney under that act and he or she.
(i)        Has after having obtained such degree, diploma or certificate, either before the date of commencement of this Act or, by virtue of the provisions of section 94 (2) at any time not later than two years other that date, or such longer period as the minister by notice in the Gazette may determine, complied with the provisions of the attorneys Act 1979 in regard to service under articles and passed the practical examinations referred to in section 14(1) (a), (b), (c) and (d) of that Act, or such part or parties thereof from which he or she has not been exempted.
(ii)       was, immediately before the commencement of this Act, exempted by virtue of the provisions of section 13 or 13A of the attorneys Act, 1979, from service under articles and form passing the practical examinations referred to in subparagraph (1) (c) he or she holds a degree or an equivalent qualification in law from a university or a comparable educational institution situated outside Namibia which has been prescribed by the minister under subsection (4) (6) for the purpose of this paragraph, and he or she (i) has undergone a course of one year undergraduate study provided by the faculty of law of the university as having pass all examinations and fulfilled all other requirements of such course, and
(ii) has subject subsection (2) and (3) been used with a certificate by the board stating the he or she
(a)       has satisfactorily undergone practical legal training
(b)       has passed the legal practitioner qualifying examination.
            Section 4 of the Namibia legal professional Act promised that a person qualified to admitted as legal practitioners and application for admission sub (1) state that subject to the provision of this Act, the court shall admit and authorize to practice as a legal practitioner any person, who, upon application made by him or her satisfies the court that he or she.
(a)       is a fit and proffer to be so admitted and authorizes
(b)       Is duly qualified in accordance with the provisions of section 5 and
(c)       (1) is a Namibia citizen (ii) has been law fully admitted to Namibia for permanent precedence therein and is ordinarily in Namibia.

CONTROLLING BODY IN NAMIBIA LEGAL PROFESSION  
(1)       Section 8 of the Act established the board of legal education whose function are (i) to register candidate legal practitioners for    training at the center and to keep a register in respect of such             persons. 
(2)       To approve the syllabus of the course of postgraduate study.
(3)       To levy down guidelines in relation to the nature of the practical      training to be provided to candidate legal practitioners at the center           only legal practitioners to whom they are attached.
(4)       To issue certificate
(5)       To investigate and advice upon any legal education pertaining to      the legal profession and any related matters. Etc.

(2)       DISCIPLINE AND REMOVAL FROM AND RESOLUTION TO   THE ROLL 
            Section 32 of the Act provides that the court may on application made to it in accordance will subsection 2 of this section, order that the name of a legal practitioner be struck off the roll or that a legal practitioner be suspended from practice, if such legal practitioner is found quilt of the Act provided under section 33 of the Act, through the disciplinary committee as set up under section 34 of the same Act on legal profession of Namibia and such person name can be reasoned in accordance with section 38 of the Act.
(3)       LAW SOCIETY           
            Law society in Namibia in legal profession is one of the bodies in controlling legal profession is been provided by the legal professional Act; law society in Namibia is all most these this with Nigeria Bar Association in Nigeria it has the same features.
            Section 40 of the Act state that there shall be a law society by that  name be a body corporate with perpetual succession and a common seal; and which shall be capable of suing and being sued, subject to the provision of the Act, do and suffer all such acts and things as bodies corporate may lawfully do and suffer.      
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