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.