LPA Amendment: Lawyers For Reform Group Submits Memorandum To Senate Committee

Lawyers under the aegis of Lawyers for Reform Group, LRG, has submitted a memorandum to the Senate Committee on Judiciary, Human Rights and Legal Matters seeking the Inclusion of their proposals into the soon-to-be re-enacted Legal Practitioners Act, 2004.

Last week, the Senate Committee announced an invitation to stakeholders and members of the general public to Its public hearing scheduled to hold on Monday, 15th November, 2021 at the National Assembly complex in Abuja. The Committee said the hearing will discuss: the Legal Practitioners Act Cap, LFN 2004 (Repeal And Re-enactment) Bill, 2021 (SB.815), Legal Education (Consolidation, Etc.) Act L10, LFN 2004 (Amendment) Bill 2021 SB.820) and the Legal Aid Council Act. 2011(Amendment) Bill. 1 2021 (SB.560).

LRG’s memorandum focused on providing the rationale for its policy alternatives and specific course of action. The component of advocacy and advice therein is intended to promote dialogue about the Legal Practitioners Act, 2004 in the interest of the legal profession in Nigeria.

Below is the full copy of the LRG memorandum:

Introduction:

The Lawyers for Reform Group(LRG) is a coalition of lawyers committed to the growth and development of our noble profession as legal practitioners, thereby taking the lead to proffer solutions towards specific areas of improvements and ensuring onward implementation of innovative ideas imperative to help build and shape the law practice in Nigeria and globally.

Preamble:

The aim of this Memoranda is centred on creating awareness and advocacy for the change of “Senior Advocate of Nigeria” (SAN) rank title to “Distinguished Advocate of Nigeria(DAN), and other hierarchical ranks ancillary to it.

Establishment:

Proposed Review of the title of the Rank of “Senior Advocate of Nigeria (SAN)” to now be known and address as “Distinguished Advocate of Nigeria (DAN)” inclusion sections Into the Legal Practitioners Acts Review Bill 2021 SB 815.

Every legal practitioner called to the Bar at the Supreme Court of Nigeria by the Council of Legal Education is an “Advocate of Nigeria”.

Pursuant to the Section 2(e) of the 2018 Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria (SAN) and all matters pertaining to the rank which stipulates thus:

The award shall continue to be made primarily to legal practitioners’ who have “distinguished” themselves as Advocate.

The Legal Practitioners Privileges Committee may however in exceptional cases, may approve the award of the rank of Senior Advocate of Nigeria to members of the legal profession who have Distinguished themselves in the academics by making substantial contributions to the practice of law, through teaching, research and publications that have become major source of reference by legal practitioners’ : judges, law teachers and law students etal.

In clear reference to the above the word “distinguished” is mostly used to award the rank of Senior Advocate of Nigeria(SAN), hence the need to retain it as most appropriate in this context hereinabove.

In consideration of the dictionary meaning below;

The word “Seniority” is for older or more experienced people.

I.e. “senior citizens”

Similar: older, elder more grown up Opposite: junior; younger

noun

a person who is a specified number of years older than someone else.

ie: “she was only two years his senior”

This is highly demeaning, disrespectful and derogatory to aged elderly lawyers of long standing years of post call at the bar, consequently repugnant to natural justice, equity and good conscience to continue to hold on to the word “Senior”, when actually they are not older than some of their peers and colleagues at the Bar.

“Distinguished” word means successful, authoritative, and commanding great respect.

i.e

“a distinguished American educationist”

Similar: eminent, famous, famed, renowned, prominent, well known, esteemed, respected, illustrious, august, venerable, honoured, acclaimed, celebrated, legendary, great, noted, notable important significant, influential etal.

Opposite: unknown, obscure

dignified and noble in appearance or manner.

Based on this premise, “Distinguished” is best appropriate to rightly define the purpose of elevation of renowned members of the legal profession and advocate of the Bar.

We hereby submit that the award of the rank title be reviewed from Senior Advocate of Nigeria (SAN) to to Distinguished Advocate of Nigeria (DAN), In accordance with other laid down rules by the Legal Practitioners Privileges Committee.

This whole idea is not limited to the issue raised alone, but the need to let us see other new areas of review in our law practice in Nigeria.

We need to consider other professional bodies approach on award of title rank in specific order of hierarchy, by virtue of post call years.

We further proposed the following reviews:

That Legal Practitioners of 1 to 5 years post call should use the title: Member of the Bar(MB) with use green lapel.

6 to 10 years should be Advocate of the Bar(AB) with use of Bronze Lapel

10 to 15 years Fellow Advocate of the Bar(FAB) with Silver lapel

15 to 30 years Distinguished Advocate of Nigeria (DAN) Gold lapel.

The conferment of the aforementioned title ranks should be based on cognate prerequisites of either if considered via a written exams on advance courses of law, integrity, standard of law office and numbers of cases led to Court of Appeal or Supreme Court levels, or as they may deemed fit.

Pursuant to the provisions of Section 270 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended), which stipulates that only lawyers of 10(Ten) Years Post Call can be appointed as High Court Judge with proviso:

Therefore the combined effect is that every legal practitioner of above 10 years post call is a Senior Advocate of the Supreme Court of Nigeria,

While different opportunities are to be attached to each levels of hierarchy of our years of post call, via PIN lapel, Gown, Wigs and NBA Diary.

In conclusion, since we pay the Annual Bar Practicing Fees (BPF) on hierarchical order , our benefits also need to follow suit accordingly.

Led by: High Chief Prince A.S. Abimbola, Esq.

Committee Members:

Mr. Izuki Constantine, Esq (National Assembly Liaison Desk Officer)

Sir Egwu Onwuka,Esq

Dr. Jimoh Saliu, Esq.

Mr. Buhari Salisu. Esq

Aare Oladotun Hassan, Esq. Convener, Lawyers For Reform Group (LRG).

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