AN APPRAISAL OF CONTROLLING AND REGULATORY BODIES OF THE

LEGAL PROFESSION IN NIGERIA

BY

MATRIC NO: FLW/LAW/19/ 55937

FACULTY OF LAW,

AMBROSE ALLI UNIVERSITY,

EKPOMA,EDO STATE,

NIGERIA

FEBRUARY 2025
 AN APPRAISAL OF CONTROLLING AND REGULATORY BODIES OF THE
LEGAL PROFESSION IN NIGERIA

BY

MATRIC NO: FLW/LAW/19/ 55937

FACULTY OF LAW,

AMBROSE ALLI UNIVERSITY,

EKPOMA,EDO STATE,

NIGERIA

BEING A LONG ESSAY SUBMITTED TO THE FACULTY OF LAW, AMBROSE

ALLI UNIVERSITY, EKPOMA, EDO STATE, IN PARTIAL FUFLIMENT OF

THE REQUIREMENTS FOR THE AWARD OF BACHELOR OF LAWS

(LL.B) DEGREE

FEBRUARY 2025
 DECLARATION

I, _______, with Matriculation Number FLW/LAW/19/55937; hereby declare that the

project titled ‘An Appraisal Of Controlling And Regulatory Bodies Of The Legal Profession

In Nigeria’ is an original work carried out by me. The references used in this project have

been duly acknowledged. I confirm that this project has not been submitted previously,

either wholly or in part, for any degree, diploma, or certification at any institution.

_______________________________________ _________________

DATE

FLW/LAW/19/55937
 CERTIFICATION

This is to certify that this long Essay was carried out by ______with Matriculation Number

FLW/LAW/19/55937 of the Faculty of Law, Ambrose Alli University, Ekpoma, Edo State.

_____________________________ _________

E. E. ILEOBA, ESQ DATE

_________________________ __________

PROF. E.E AKIGHBE DATE

DEAN, FACULTY OF LAW

_________________________ __________

EXTERNAL EXAMINER DATE

 DEDICATION

This research is dedicated to God Almighty who has made the dream of my LL.B programme

now a reality and also to my parents Mr and Mrs oris-ohwerhi and my siblings Oris

Bright ,iyama ohwerhi , ohwerhi kevwe, Oris Kareem

 ACKNOWLEDGMENT

My sincere appreciation goes to God Almighty for His grace and for impacting me with

wisdom in writing this work.

I would like to express my gratitude to my supervisor, E. E. ILEOBA, Esq. for his academic

guidance and constant supervision that have helped me greatly at all times in my research and

writing of this study.

My heartfelt gratitude goes to my parents; Mr. Oris ohwerhi and Mrs. S.A Ohwerhi for their

selflessness and invaluable love. They’re the pillars on which I stand.

I’m extremely grateful for my pastor , Daniel Mozai.

My thanks and appreciation also goes to my friends EROMOSELE success, Oseme Beverly,

Osilama Joshua and Ikalume Ernest for their continuous encouragement throughout my years

of study.
 TABLE OF CONTENTS
TITLE PAGE

DECLARATION

CERTIFICATION

DEDICATION

ACKNOWLEDGEMENTS

TABLE OF CONTENTS

TABLE OF CASES

TABLE OF STATUTES

LIST OF ABBREVIATIONS

ABSTRACT

CHAPTER ONE

INTRODUCTION

1.1 Background to the Study

1.2 Statement of the Problem

1.3 Research Questions

1.4 Aims and Objectives of the Study

1.5 Scope and Limitations of the Study

1.6 Research Methodology

1.7 Chapter Analysis

1.8 Significance of the Study

CHAPTER TWO

CONCEPTUAL AND THEORETICAL FRAMEWORKS**

2.1 Conceptual Clarifications

2.1.1 The Legal Profession

2.1.2 Regulation of the Legal Profession

2.1.3 Professional Misconduct in the Legal Profession

2.1.4 Disciplinary Mechanisms in the Legal Profession

2.2 Theoretical Framework

2.2.1 Social Contract Theory

2.2.2 Natural Law Theory

2.2.3 Legal Positivism

2.3 Literature Review

CHAPTER THREE

LEGAL AND INSTITUTIONAL FRAMEWORK FOR REGULATING THE LEGAL

PROFESSION IN NIGERIA

3.1 Council of Legal Education

3.1.1 Composition of the Council of Legal Education

3.2 Body of Benchers

3.2.1 Composition of the Body of Benchers

3. 2.2 Functions of the Body of Benchers

3.2.3 Rights and Privileges Accorded to Life Benchers

3.3 Legal Practitioner Privileges Committee (LPPC)

3.3.1 Composition of the Legal Practitioner Privileges Committee (LPPC)

3.3.2 Ways to become a Senior Advocate of Nigeria as set out by the Chief Justice of Nigeria

in July 1990

3.4 Legal Practitioner Remunerative Committee

3.4.1 Composition of the Legal Practitioner Remunerative Committee

3.4.2 Functions of the Legal Practitioner Remunerative Committee

3.5 Legal Practitioners Disciplinary Committee (LPDC)

3.5.1 Composition of the Legal Practitioners Disciplinary Committee (LPDC)

3.6 General Council of the Bar

3.6.1 Composition of the General Council of the Bar

3.6.2 Functions of the Composition of the General Council of the Bar

3.7 Nigeria Bar Association (NBA)

3.7.1 National Officers of the Nigerian Bar Association

3.7.2 Composition of Nigeria Bar Association (NBA)

3.7.3 Aims and Objectives of Nigeria Bar Association (NBA)

3.7.4 The Legal Status of the NBA

3.8 The National Judicial Council

3.8.1 Membership of the National Judicia Council

3.8.2 Functions of the National Judicia Council

CHAPTER FOUR

CHALLENGES IN THE IMPLEMENTATION OF LEGAL REGULATION IN NIGERIA

4.1 Weak Enforcement of Disciplinary Measures

4.1.1 Delays in Disciplinary Proceedings

4.1.2 Lack of Independence in Disciplinary Committees

4.2 Corruption and Political Interference in Legal Regulation

4.2.1 Corruption Among Lawyers and Judges

4.2.2 Political Influence in the Appointment of Regulators

4.3 Judicial Inefficiencies and Lack of Oversight

4.3.1 Case Backlogs and Delayed Trials

4.3.2 Weak Oversight of Legal Regulatory Bodies

4.4 Lack of Public Trust in Legal Regulatory Institutions

4.4.1 Perception of Impunity Among Lawyers

4.4.2 Limited Public Participation in Legal Regulation

4.5 Comparative Analysis of Legal Regulation in Other Jurisdictions

4.6 Conclusion

CHAPTER FIVE

CONCLUSION AND RECOMMENDATIONS

5.1 Summary of Findings

5.2 Recommendations

5.3 Contributions to Knowledge

5.4 Areas for Further Studies

5.5 Conclusion

Bibliography
 TABLE OF CASES
Chief Gani Fawehinmi v NBA [2005] 6 NWLR (Pt. 956) 558

MDPDC v. Okonkwo [2001] 7 NWLR (Pt. 711) 206

Okonjo vs Council of Legal Education, FCA/L16/78

Re: Akintola [2022] LPELR (CA)

NBA v Olanipekun [2023] LPELR (SC)

Okonkwo v Legal Practitioners Disciplinary Committee [2019] 10 NWLR (Pt. 1701) 171
 TABLE OF STATUTES

Constitution of the Federal Republic of Nigeria 1999 (as amended).

Legal Practitioners Act, Cap L11, Laws of the Federation of Nigeria 2004.

Rules of Professional Conduct for Legal Practitioners 2007.

 LIST OF ABBREVIATIONS
BoB – Body of Benchers

CLE – Council for Legal Education

LPA – Legal Practitioners Act

LPDC – Legal Practitioners Disciplinary Committee

NBA – Nigerian Bar Association

NWLR– Nigerian Weekly Law Reports

RPC – Rules of Professional Conduct

ABSTRACT

The legal profession in Nigeria has without any contradiction its root from the Great Britain.
This can be alluded to the fact that Nigeria had a British colonization and thereby inculcating
in us some parts of the British legal system right from establishment of Unsworth Committee
in 1959 amongst other bodies and statutes that existed before independence for the purpose of
guiding legal practice in Nigeria. In a slight deviation from that effect Nigeria had already
developed her own legal machinery built on the custom and the tradition of Nigerian people.
In essence, it can be safely said that the Nigerian legal system through the instrumentality of
the received English law was partly English and through the adoption of the customs and
tradition of the Nigerian people; partly indigenous. This research seeks the enhancement and
development of opinions as regards some regulatory bodies which are in charge of the
conduct of both legal practitioners and that of the legal profession in general. This research
will broaden all the regulatory bodies established and similarly, the statutes enacted to
oversee the practice of law in Nigeria. Some of the bodies such as the Body of Benchers
which was established by Section 3(1) of the Legal Practitioners Act CAP L11 LFN, 2004
(which for the purposes of this research be called LPA) is the highest distinctive body in the
legal profession in Nigeria with the responsibility for the formal call to the Bar of persons
seeking to become legal practitioners. The origin, categories of ranks, functions and powers
of the body will be discussed extensively in this research. The Legal Practitioners
Disciplinary Committee will also be analyzed and in the same vein, the Council of Legal
Education which is the body primarily responsible for the education of persons aspiring to the
legal profession in Nigeria i.e. the proprietor of the Nigerian Law School will be looked into.
The establishing statutes, the origin as well of functions and powers of these bodies and
others related to the practice and regulation of the legal profession in Nigeria will also be
properly analyzed in detail in this essay. However, it is important to state that the main aim of
this research is to determine whether or not these bodies related to the practice and regulation
of the legal profession in Nigeria have succeeded in providing the much-needed guidelines
and proper standard for the practice of law in Nigeria. In answer to the above question, this
work which consists of five chapters will expose the deficits of these bodies if any and
suggest solutions that will aid in resolving these shortcomings. The methodology of this
research will be doctrinal in nature as it makes use of both primary and secondary sources of
law as well as textbooks and journals from the related field of law. Chapter one will deal with
the general introduction of the topic while chapter two will cover conceptual clarification and
review related literature. In chapter three and four which will be the main body of this work,
we will analyze the various bodies that regulate the control and practice of the legal
profession in Nigeria, their effectiveness or otherwise in doing so over the years as well as
deal with the cardinal issues arising which includes but are not limited to the mode of
operations of these bodies, power separation and fusion of the different bodies and the
harnessing of all the issues. In this paper, the regulatory statutes will be looked at in order to
compare them to the regulatory bodies so as to properly understand the importance of a paper
that analyzes the shortcomings of these bodies and addresses them. several loopholes
associated with the governing bodies and that of statutory provisions will be properly
identified in this research. In chapter five, a general conclusion will be given as well as our
recommendations. All the regulatory and controlling bodies in the legal profession help to
maintain the dignity of the profession. However, these bodies over the years have fallen short
in carrying out their duties in various respects. This research will identify these shortcomings
and give recommendations towards fixing these shortcomings as a contribution towards
upholding the dignity of the legal profession in Nigeria.
CHAPTER ONE

INTRODUCTION

1.1 Background to the Study

The legal profession plays a pivotal role in upholding justice, protecting human rights, and

ensuring the rule of law. A well-regulated legal profession is essential for maintaining public

trust in the judiciary, safeguarding the independence of lawyers, and ensuring that legal

practitioners adhere to ethical standards. In Nigeria, several institutions are charged with

controlling and regulating the legal profession to maintain discipline, integrity, and high

professional standards. These institutions include the Nigerian Bar Association (NBA), the

Legal Practitioners Disciplinary Committee (LPDC), the Body of Benchers (BoB), the

Supreme Court of Nigeria, and the Council for Legal Education (CLE). These regulatory

bodies play crucial roles in overseeing legal education, disciplining erring practitioners, and

ensuring that only qualified persons are admitted to the Bar.

The Legal Practitioners Act (LPA) 19751, which provides the principal legal framework for

regulating the legal profession in Nigeria, outlines the processes for admission, discipline,

and professional ethics for lawyers. Additionally, the Rules of Professional Conduct for Legal

Practitioners 2007 (RPC)2 set ethical guidelines that govern the conduct of lawyers in their

practice². The Supreme Court of Nigeria, as the highest judicial authority, also plays a

supervisory role in legal practice through its rulings on cases of professional misconduct3.

1
Legal Practitioners Act, Cap L11, Laws of the Federation of Nigeria 2004
2
Rules of Professional Conduct for Legal Practitioners 2007
3
Chief Gani Fawehinmi v NBA [2005] 6 NWLR (Pt. 956) 558
Despite this regulatory framework, the legal profession in Nigeria faces numerous challenges,

including weak enforcement of professional ethics, corruption within regulatory bodies, and

political interference in disciplinary procedures4. Instances of judicial corruption, unethical

legal practices, and delayed disciplinary actions against erring lawyers have raised concerns

about the effectiveness of these controlling bodies5. Cases such as NBA v Olanipekun6 and In

Re: Akintola7 illustrate the reluctance of some regulatory institutions to enforce disciplinary

measures against influential lawyers, thereby undermining public confidence in the

profession.

Additionally, the Council for Legal Education (CLE), responsible for maintaining standards

in legal education, faces issues such as underfunding, outdated curricula, and poor

infrastructure in Nigerian Law Schools, all of which contribute to the declining quality of

legal practitioners8. This study critically examines the regulatory framework of the legal

profession in Nigeria, highlighting the challenges, effectiveness, and necessary reforms

required to enhance the credibility and efficiency of these institutions.

1.2 Statement of the Problem

The legal profession in Nigeria is expected to uphold justice, ethical practice, and

professional discipline. However, in recent years, concerns have been raised regarding weak

enforcement mechanisms, corruption, and lack of transparency in disciplinary proceedings 9.

4
O Falana, ‘Oversight of the Legal Profession: The Role of the Supreme Court and NBA’ Journal of African
Governance and Policy [2021] (3)
5
Amnesty International, ‘Nigeria: Weak Legal Enforcement and Professional Misconduct’ (Amnesty
International, 2020) <[Link] accessed 7 March 2025
6
NBA v Olanipekun [2023] LPELR (SC)
7
In Re: Akintola [2022] LPELR (CA)
8
Nigerian Bar Association, ‘Report on Disciplinary Cases and Ethical Standards in the Legal Profession’
(Nigerian Bar Association, 2023) <[Link] accessed 7 March 2025
9
Human Rights Watch, ‘Ethical Violations and the Judiciary in Nigeria’ (Human Rights Watch, 2022)
<[Link] accessed 7 March 2025
Despite the presence of multiple regulatory bodies, these institutions often fail to effectively

sanction lawyers found guilty of misconduct, leading to a decline in professional integrity.

One of the critical issues affecting the legal profession in Nigeria is the inefficiency of the

Legal Practitioners Disciplinary Committee (LPDC). Although the LPDC is empowered by

law to investigate and punish legal practitioners involved in professional misconduct, the

enforcement of its decisions is often delayed or blocked by political interference. For

example, in NBA v Olanipekun10, the failure to take swift action against a senior lawyer

accused of violating professional ethics raised doubts about the LPDC’s effectiveness.

Furthermore, corruption within the judiciary continues to undermine the legal profession.

Reports of bribery, case manipulation, and judicial favoritism have tainted the credibility of

legal practice in Nigeria. The Supreme Court case In Re: Akintola11 condemned judicial

corruption but emphasized the need for stricter regulatory oversight.

Another significant issue is the declining standard of legal education in Nigeria. The Council

for Legal Education (CLE) is responsible for ensuring that universities and law schools

maintain adequate standards, but poor funding, outdated curricula, and inadequate training

facilities have resulted in the production of lawyers with weak research and advocacy skills.

This study seeks to critically examine these issues, analyze their impact on the legal

profession, and propose solutions to improve the effectiveness of regulatory bodies.

To achieve the objectives of this study, the following research questions will be addressed:

10
NBA v Olanipekun [2023] LPELR (SC)
11
In Re: Akintola [2022] LPELR (CA)
1. What are the existing legal frameworks governing the legal profession in Nigeria?

2. How effective are the controlling and regulatory bodies in enforcing ethical and

professional standards?

3. What are the major challenges affecting the regulatory mechanisms of the legal profession

in Nigeria?

4. How does political interference impact the autonomy of legal regulatory bodies?

5. What reforms can be implemented to enhance the efficiency of regulatory bodies in the

legal profession?

Aims and Objectives

This study aims to critically appraise the effectiveness of the controlling and regulatory

bodies of the legal profession in Nigeria. The specific objectives include:

1. Examining the legal framework governing the regulation of the legal profession in Nigeria.

2. Assessing the roles and functions of key regulatory bodies such as the NBA, LPDC, BoB,

Supreme Court, and CLE.

3. Identifying challenges affecting the enforcement of professional discipline and ethical

standards.

4. Analyzing the impact of corruption and political interference on the regulation of legal

practice in Nigeria.

5. Proposing reforms to strengthen legal regulatory institutions and ensure compliance with

professional standards.

1.3 Scope and Limitations of the Study

This study will focus on the regulatory framework governing legal practice in Nigeria,

examining the roles of the Nigerian Bar Association (NBA), Legal Practitioners Disciplinary

Committee (LPDC), Body of Benchers (BoB), Supreme Court, and Council for Legal

Education (CLE).

The study will not cover criminal justice administration or judicial corruption outside the

legal profession, except where such issues directly affect legal regulation.

One limitation of this study is the lack of direct access to disciplinary records and internal

documents of regulatory bodies, as most proceedings are not publicly available. As a result,

this research will rely primarily on secondary sources, including legal texts, case law, journal

articles, and reports from legal institutions.

1.4 Significance of the Study

The regulation of the legal profession is critical to maintaining public trust, ensuring the

integrity of legal practitioners, and upholding the rule of law. This study is significant in

several ways.

First, it contributes to legal scholarship by providing a comprehensive analysis of the

effectiveness of legal regulatory bodies in Nigeria. It will serve as a valuable academic

resource for students, legal researchers, and policymakers interested in the regulation of the

legal profession.

Secondly, the study offers policy recommendations for legal reforms. By identifying

weaknesses in the current regulatory system, it proposes practical solutions to strengthen

enforcement mechanisms, reduce corruption, and enhance the efficiency of legal disciplinary

bodies such as the Nigerian Bar Association (NBA), Legal Practitioners Disciplinary

Committee (LPDC), and the Supreme Court.

Thirdly, this research promotes professional ethics and accountability. By examining cases of

professional misconduct and ethical violations, it highlights gaps in legal discipline and

suggests strategies for improving compliance with professional standards. Legal practitioners

will better understand the importance of ethical behavior and the consequences of

misconduct.

Fourthly, the study enhances public confidence in the legal system by shedding light on how

legal practitioners are held accountable for professional misconduct. By identifying flaws in

the disciplinary system, it provides recommendations on how to restore public trust in the

legal profession.

Finally, the research incorporates a comparative legal analysis by examining how other

jurisdictions, such as the United Kingdom and South Africa, regulate their legal professions.

Lessons from these countries will be used to propose reforms that can strengthen Nigeria’s

legal regulatory framework.

1.5 Research Methodology

This study adopts a doctrinal research methodology, which involves an examination of

statutes, case law, legal commentaries, and reports related to the regulation of the legal

profession in Nigeria.

1.6 Chapter Analysis

This research is structured into five chapters:

Chapter One introduces the study, outlining the background, statement of the problem,

research questions, objectives, scope, and methodology.

Chapter Two discusses the conceptual and theoretical frameworks, including key concepts

and existing literature on legal regulation.

Chapter Three examines the legal and institutional framework governing the legal profession

in Nigeria.

Chapter Four identifies and discusses challenges faced by regulatory bodies in enforcing

professional discipline.

Chapter Five presents the conclusion and recommendations for strengthening the regulation

of legal practice in Nigeria.

CHAPTER TWO

CONCEPTUAL CLARIFICATIONS, THEORETICAL FRAMEWORKS AND

LITERATURE REVIEW
2.1 Conceptual Clarifications

A clear understanding of key concepts is essential for discussing the regulation of the legal

profession in Nigeria. The terms "legal profession," "regulation," "professional misconduct,"

and "disciplinary mechanisms" will be examined in this section.

2.1.1 The Legal Profession

The legal profession encompasses all individuals who are licensed to practice law, including

advocates, solicitors, and judges. The profession is responsible for upholding justice,

ensuring the rule of law, and defending individual rights. In Nigeria, the Legal Practitioners

Act (LPA) 1975 regulates the admission of persons to the legal profession. Section 2(1) of the

LPA states that a person shall not practice as a barrister or solicitor unless his or her name is

on the roll of legal practitioners in Nigeria12.

The Nigerian Bar Association (NBA) plays a significant role in the legal profession, serving

as an umbrella body for lawyers and ensuring that practitioners adhere to ethical standards 13.

The Supreme Court of Nigeria, as the highest judicial authority, also has regulatory functions,

particularly concerning the discipline of lawyers and the interpretation of legal principles.

2.1.2 Regulation of the Legal Profession

Regulation refers to the systematic control and supervision of legal practitioners to ensure

compliance with professional standards. The primary goal of regulation is to maintain public

12
s 2(1) Legal Practitioners Act, Cap L11, Laws of the Federation of Nigeria 2004
13
Nigerian Bar Association, ‘Functions and Responsibilities of the NBA in Legal Regulation’ (Nigerian Bar
Association, 2023) <[Link] accessed 7 March 2025
trust, ensure competence, and prevent misconduct. In Nigeria, the legal profession is

regulated by:

1. The Legal Practitioners Act (LPA) 1975, which outlines the qualification and discipline of

legal practitioners.

2. The Rules of Professional Conduct (RPC) 2007, which provides ethical guidelines for legal

practitioners.

3. The Legal Practitioners Disciplinary Committee (LPDC), responsible for handling cases of

professional misconduct.

Regulatory frameworks aim to protect the public from unethical practices, such as bribery,

fraudulent legal representation, and gross negligence. The NBA v Olanipekun case

highlighted the importance of strict regulatory enforcement in maintaining professional

discipline14.

2.1.3 Professional Misconduct in the Legal Profession

Professional misconduct refers to any behavior that violates the ethical codes or legal

standards of the profession. Section 11 of the Rules of Professional Conduct (RPC) 200715

defines professional misconduct as any act or omission that brings disrepute to the legal

profession.

Common forms of misconduct include:

14
NBA v Olanipekun [2023] LPELR (SC)
15
s 11 Rules of Professional Conduct for Legal Practitioners 2007
  Corruption and bribery: Instances where lawyers attempt to influence judicial

proceedings through illegal means.

 Negligence and incompetence: Failure to exercise due diligence in representing

clients.

 Conflict of interest: Engaging in cases where personal interests interfere with

professional obligations.

The LPDC is tasked with investigating and disciplining legal practitioners found guilty of

misconduct. However, enforcement has often been weak due to political interference and

inefficiencies in the disciplinary process.

2.1.4 Disciplinary Mechanisms in the Legal Profession

Disciplinary mechanisms refer to the procedures used to investigate and penalize legal

practitioners who violate professional ethics. The LPDC, under Section 11 of the Legal

Practitioners Act16, has the power to:

1. Suspend legal practitioners for professional misconduct.

2. Strike off names from the roll of legal practitioners when serious violations occur.

3. Issue warnings or fines to erring lawyers.

2.2 Theoretical Framework

16
s 11 Legal Practitioners Act, Cap L11, Laws of the Federation of Nigeria 2004
The regulation of the legal profession is guided by various legal and philosophical theories**.

This section examines the Social Contract Theory, Natural Law Theory, and Legal

Positivism, which provide the foundation for understanding legal regulation.

2.2.1 Social Contract Theory

The Social Contract Theory, developed by Thomas Hobbes, John Locke, and Jean-Jacques

Rousseau, argues that individuals willingly surrender some of their freedoms to the state in

exchange for order and protection17. In the legal profession, this theory justifies the

imposition of rules and regulations to ensure that lawyers act in the best interest of society.

Under the Legal Practitioners Act, lawyers are granted the exclusive right to practice law but

are also required to adhere to ethical standards and disciplinary measures. This reflects the

contractual obligation that legal practitioners have with society, ensuring accountability and

professionalism.

2.2.2 Natural Law Theory

Natural Law Theory, as developed by Thomas Aquinas and John Finnis18, holds that law is

derived from moral principles and universal justice. This theory influences the Rules of

Professional Conduct (RPC) 2007, which emphasize fairness, honesty, and the duty to uphold

justice.

In the NBA v Olanipekun case, where a senior lawyer was accused of professional

misconduct, the application of Natural Law principles demanded that the disciplinary process

be transparent and just. However, the failure to swiftly enforce disciplinary measures

indicated a gap between ethical ideals and practical enforcement.

17
J J Rousseau, The Social Contract and Discourses (G.D.H. Cole tr, Oxford University Press 2008)
18
Thomas Hobbes, Leviathan (Oxford University Press 2019)
2.2.3 Legal Positivism

Legal Positivism, championed by John Austin and H.L.A. Hart, argues that law derives its

authority from formal enactment rather than morality. This theory supports the Legal

Practitioners Act and the LPDC, which regulate the profession based on codified statutes

rather than subjective moral principles.

2.3 Literature Review

Several studies have analyzed the effectiveness of the regulatory framework governing

Nigerian lawyers. Ajibade19 argues that while the Legal Practitioners Act provides a strong

foundation for legal regulation, weak enforcement mechanisms hinder its effectiveness.

Similarly, Nwankwo20 highlights how the NBA lacks the authority to enforce strict

disciplinary measures without external interference.

Scholars such as Adebayo21 have documented cases where lawyers engage in corrupt

practices, such as bribing judges and manipulating legal proceedings. Chijioke argues that the

LPDC needs to be reformed to make disciplinary actions faster and more transparent.

Empirical research from Human Rights Watch (2022)22 found that over 60% of disciplinary

cases against lawyers in Nigeria remain unresolved due to bureaucratic delays.

19
Ajibade O, ‘Reforming Nigeria’s Legal Profession: An Analysis of the LPDC’ Nigerian Journal of Criminal
Law (2018) 7
20
U Nwankwo, ‘Access to Legal Representation for Lawyers Facing Disciplinary Proceedings: A Critical
Analysis’ African Journal of Legal Studies 10(2022), 78-94
21
F Adebayo, Legal Perspectives on Professional Discipline in Nigeria (Ibadan: University Press, 2017)
22
Human Rights Watch, ‘Judicial Corruption and Professional Misconduct in Nigeria’ (Human Rights Watch,
2022) <[Link] accessed 7 March 2025
Comparative studies have shown that countries like the United Kingdom and South Africa

have stronger enforcement mechanisms for legal discipline. The Solicitors Regulation

Authority (SRA) in the UK has an independent disciplinary body that swiftly sanctions

unethical lawyers, reducing corruption in the legal profession. Scholars argue that Nigeria

should adopt a similar independent regulatory approach to improve enforcement.

Sylvester Udemezue23 argues that Members of the legal profession in Nigeria have an

enormous responsibility to discharge, not only to their clients but also to the court, the

profession, their professional colleagues, and the society at large. However, for some time in

the recent past, both the Bench and the Bar have had cause to complain about the conduct of

some legal practitioners in Nigeria. It is therefore not surprising that quite often, the public

judges the legal profession by the standard of its erring members, hence the need to continue

to highlight the various duties and responsibilities of the lawyer and the need for members of

the Bar to be fully alive to these duties and responsibilities in order to check the falling

ethical standard in the profession, be examples to the society in which they find themselves

and ultimately promote the honour and nobility of the profession. Discipline at the bar is very

essential. This is because offences, to which the police attach no significance when

committed by a medical doctor, may be attended with humiliation and embarrassment when

committed by a lawyer. Similarly, a simple act of breach of the law by an accountant, which

may not be considered as anything, may form banner headlines in newspapers and magazines

if committed by a lawyer. This only stresses the fact that society views lawyers as custodians

of a high moral value and distinguished members of the society, whose conduct and activities

should serve as a light to the rest of the society. To maintain this standard and meet the high

expectation of the society on lawyer, the Rules of Professional Conduct for Legal

23
S Udemezue An Appraisal of Professional Legal Ethics and Proper Conduct for lawyers in
Nigeria"[Link] accessed 5 March, 2025.
Practitioners has been put in place to guide and regulate legal practice and the conduct of

legal practitioners, especially with respect to their duties and responsibilities to their clients,

the court, the profession and the society at large, and of course their rights and privileges.

It has been stated that the Legal profession has come a long way in the history of

professions24. It is a profession that cannot exist without references to its historical

background. Its past is as important as its present, because events that shaped its history, is

still serving not just as a guide to current legal happenings but may possibly shape its future.

With the colonialism and its aftermath, the British English Legal system was introduced first

to the colony of Lagos in 1863 through the promulgation of the Supreme Court Ordinance.

The Chief Justice was empowered to admit and enrol Barristers and Solicitors to practice in

Nigeria with specific provisions on those called to the Bar in England, Scotland and

Northern Ireland. One of the oldest and most respected profession in modern Nigeria apart

from our traditional modern societies is the legal profession. In Nigeria, it stands out as the

oldest of the profession being practiced by the practitioners of this discipline having existed

in the country since 1876. The legal profession is a noble profession, and legal practitioners

by their calling are regarded as ministers in the temple of justice saddled with the

responsibility of assisting the court and the state in the administration of justice.25 This

profession is one of the most regulated disciplines which is intended to enhance its nobility.

The corpus of regulations falls under what is referred to as ‘legal ethics’, which the Black’s

Law Dictionary defines as “Standards of professional conducts applicable to members of the

legal profession”, or “A lawyer’s practical observance of or conformity to established

standards of professional conduct”.26 A lawyer is expected to conduct himself worthy of his

24
‘An Appraisal of the Duties of Legal Practitioners under the Legal Practitioners Act and the Rules for
Professional Conduct’ ABUAD Law review (2018) 9
25
Robert Bonner, Lawyers and Litigants in Ancient Athens: The Genesis of the Legal Profession (New York
1927) Benjamin Plum, 202.

26
Bryan Andrew Garner, Black’s Law Dictionary (5th ed); (Thomson Reuters, 2009) pg976.
calling. He has sacred duties to uphold and observe the rule of law, promote and foster the

cause of justice and maintain the high standard of professional conduct. And should not be

involved in any conduct that could bring his profession into disrepute. A judge in particular,

sit on a higher pedestal, literally. He stands like an institution that has the power of life and

death over other mortals. Their verdicts are final and in agreement to the high authority the

general response in court is “as the court pleases” or “as my lord pleases”, to judicial

pronouncement. In Nigeria just as other countries with different jurisdictions have their laws,

synthesised in a body of rules, ours is that of the Rules of Professional Conduct 2007 in the

legal profession, elaborated by the General Council of the Bar pursuant to the Legal

Practitioner Act 2004 (as amended).27The professionally qualified consists of persons who

went through the basic legal educational program, passed the relevant examinations, and got

admitted into the Bar to practice either as barristers or solicitors.. Historically, the local

attorneys were laymen because there were people who had no formal training or education in

law but were licensed by the Chief of Justice of Nigeria to practice law in the country based

on acquired experience in law and practice. The regulatory bodies that have been established

to help guide legal practitioners in the country and ensure that fit and proper behaviour is

exhibited by those called to the Bar. The bodies charged with these enormous tasks include;

The Council of Legal

Education, Body of Benchers, Legal Practitioners Privileges Committee (LPPC), Legal

Practitioners Disciplinary Committee (LPDC), and the Nigerian Bar Association with each

having its own enabling statute from which they derive their powers.

27
Cap. L11 LFN 2004.
 CHAPTER THREE

LEGAL AND INSTITUTIONAL FRAMEWORK FOR CONTROLLING AND

REGULATORY BODIES OF THE LEGAL PROFESSION IN NIGERIA

A controlling body is a group of people in a learned occupation who are entrusted with

maintaining control or oversight of the legitimate practice of the occupation. It could also be

a body, acting to safeguard the public interest, organizations which represent the interest of

the professional practitioners, and so act to maintain their own privileged and powerful

position. Regulatory & controlling bodies and organs of the legal profession are statutorily

established and responsible for the regulation of activities of legal practitioners in Nigeria.

There are seven principal bodies involved in the management, control and regulation of the

legal profession in Nigeria. They are:

1. The Council of Legal Education.

2. The Body of Benchers.

3. Legal Practitioners Privileges Committee.

4. Legal Practitioners Remuneration Committee.

5. Legal Practitioners Disciplinary Committee.

6. General Council of Bar and [Bar Council]

7. Nigerian Bar Association.

8. The National Judicial Council

3.1 Council of Legal Studies

The Council is established by the virtue of Section 1 of the Legal Education Act, 1962 which

later became the Legal Education (Consolidation etc) Act in 197628. By Section 1(1) of the

Act, the Council is a body corporate with perpetual succession and a common seal. It was

established mainly to run the Nigerian Law School, particularly regarding policy matters.

The functions of council of legal studies include:

1. Responsibility for the Legal Education of persons seeking to become Members of the

Legal profession29.

2. Continuing Legal Education for legal practitioners30.

3. The issuance of qualifying certificates to persons qualified for call to the Bar 31.

4. Incidental matters. Section 2(5) of the Act empowers the Council to do such things as

are expedient for the purpose of its functions.

5. Prescribed conditions which a university faculty must comply with before its

products are eligible for admission into the Law School [particularly as relates to the

necessary courses the university must offer].

6. It has also prescribed good conduct as a condition precedent for admission to the Law

School and for call to the Bar and the Court has upheld it32.

28
CAP L.10, Volume 8, LFN, 2004.
29
Section 1(2) of The Legal Education Act, 1962
30
Section (3) of The Legal Education Act, 1962
31
Section 5 of The Legal Education Act, 1962
The CLE can deny anybody admission into the NLS upon bad character. Such bad conduct

as enumerated by Council includes cultism, fraud, examination malpractice, etc. The

Council subjects reports of bad conduct against candidate to a thorough investigation and if

such reports are found to be true, such candidates may be denied admission to the school and

if already admitted, the Council may prevent them from writing their Bar Final

Examinations. Even where they do write their examinations and pass, the Council may not

recommend them as fit and proper persons to the Body of Benchers for call to Bar. Also

note that while investigations are pending, the Council may withhold the release of

candidates result until the conclusion of the investigation. Council considers material the

nature of offence committed in determining if it amounts to bad conduct. Conviction may

not necessarily amount to bad conduct, for example, conviction on political ground.

Conversely, acquittal or State pardon is not necessarily conclusive evidence of good

conduct. For example, an acquittal on technical ground, character is fundamental both to

admission into the NLS and collection of bar certificate. It is within the discretion of the

CLE to consider who they consider to be of good or bad character.

3.1.1 Composition of the Council of Legal Education (CLE)

The CLE consist of the following;

1. The Chairman, who is appointed by the FG upon the Federal Attorney General’s

recommendation.

2. Attorney General of all the states (and in the absence of a State Attorney General, the

Solicitor General).

32
Okonjo v. Council of Legal Education, FCA/L.16/78 of 12 March 1979 (1979) Digest of Appeal Cases 28, where
it was held that, the CLE have d right to make such rules as they consider proper under s. 2(5) of the Act.
3. A representative of the Federal Ministry of Justice appointed by the Federal Attorney

General.

4. 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 [Dean of accredited faculties of law automatically get appointed to the CLE].

5. The President of the Nigerian Bar Association.

6. 15 persons entitled to practise as legal practitioners in Nigeria of not less than 10

years post call selected by NBA.

7. The Director General of the Law School.

8. Two authors of published learned works in the field of law appointed by the Federal

Attorney General.

The Chairman and the two authors hold office for four years and may be reappointed for

another four years unless they resign or are removed. Council Members are not entitled to

any remuneration33.

Section 4 empowers the Federal Attorney General to give Council, directions of a general

nature regarding the exercise of its functions and the Council has the duty to comply with

these directives34.

33
Section 2(5) of the Act.
34
Okonjo vs Council of Legal Education, FCA/L16/78
1979. Section 3(1) Laws of the Federation of
98

Nigeria 2004.
3.2 Body of Benchers

This is a body of legal practitioners of the highest distinction in the legal profession in

Nigeria which is responsible for the formal call to the Bar of persons seeking to become

legal

practitioners.98

The body of benchers is established by the virtue of Section 3(1) of the Legal Practitioners

Amendment. The Body of Benchers, is a body of legal practitioners of the highest distinction

in the legal profession in Nigeria. By virtue of Section 3(2), it is a body corporate with

perpetual succession and a common seal.

3.2.1 Composition

The body is made up of the following members:

(a) The Chief Justice of Nigeria and all Justices of the Supreme Court.

(b) The President of the Court of Appeal

(c) The Attorney−General of the Federation and Minister of Justice.

(d) Presiding Justices of Court of Appeal Divisions

(e) The Chief Judge of the Federal High Court

(f) The Chief Judge of the Federal Capital Territory Abuja.

(g) The Chief Judges of all the States.

(h) The Attorneys General of all the States.

(i) The Chairman of the Council of Legal Education.

(j) The President of the Nigerian Bar Association.

(k) Thirty Legal Practitioners nominated by the Nigerian Bar Association.

(l) Such number of persons, not exceeding ten, who appear to the Body of Benchers to

be eminent members of the Legal Profession in Nigeria of not less than 15 years

post-call standing.

3.2.2 Functions:

Under the LPA, the function of the body of benchers is to;

1. Formal call to Bar of aspirants.

2. The issuance of Call to Bar Certificate35.

Following the promulgation of (Legal Practitioners Amendment) Decree No. 21 of 1994, the

functions of the body of Benchers were expanded with the following additions:

3. Prescription of Call Fees36.

4. The exercise of disciplinary jurisdiction over Members of the profession and students

seeking to become legal practitioners101.

5. Prescription of Practising Fees in consultation with the Nigerian Bar Association.

See

Section 8 of the Decree.

6. They take measures which appear necessary or expedient for maintaining the

traditional values of the legal profession and in line with this, they have made

regulations prescribing the following:

a. The keeping of three dinning terms by aspirants.

b. Unblemished conduct as pre-requisite for call to Bar, and

c. Sponsorship of aspirants in writing by two Members of the Body of Benchers.

35
Section 4(3) of the Act.
36
See Section 5(d) of the Decree; Section 5(8)(d) Legal Practitioners (Amendment) Act (old Decree 21,
1994). 101 Section 8 of the Decree.
7. The Body of Benchers has also been given the responsibility of the general

management of the affairs of the NBA. See Section 2 of the Decree.

3.2.3 Rights and Privileges Accorded To Life Benchers

1. They possess exclusive right to sit at the first row.

2. They also have the right to mention any cause or matter, which is on the list for,

mention and not otherwise listed for hearing out of turn37.

3.3 Legal Practitioners Privileges Committee (LPPC)

The Committee is established by Section 5(3) of the LPA (Legal Practitioners Act). Their

function is to:

1. To confer 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. The SAN (Privileges and Functions) Rules, 1979 were made by the Committee and

conferred the following privileges on SAN:

a. The exclusive right to sit at the Inner Bar or Front Row.

b. The right to mention a cause on the list for mention out of turn.
37
Sections 6(3) and 56(1) of the LPA; Section 1 of the Legal Practitioners (Amendment) Decree No. 2 of 14 th
September 1992.
 c. The right to wear silk gown.

3.3.1 Composition of the Committee

1. The Chief Justice of Nigeria. (Chairman)

2. The Federal Attorney General.

3. One Justice of the Supreme Court.

4. President of the Court of Appeal.

5. Five Chief Judges of State High Courts.

6. The Chief Judge of the Federal High Court.

7. Five Legal Practitioners who are SANs.

Please note that the Chief Justice of Nigeria in consultation with the Federal Attorney

General appoints numbers 3, 5 and 7 above.

3.3.2 Ways to Become a Senior Advocate of Nigeria as Set out by the Chief Justice of

Nigeria in July 1990

1. The applicant shall furnish to the Committee or the Chairman 15 copies of his

application attaching –
 a. Particulars of at least six cases in which he appeared before the

Supreme Court

within the last 3 years preceding the date of his application or

b. Particulars of two contested cases at the Supreme Court and at least

four

contested cases at the Court of Appeal, or

c. One contested case at the Supreme Court, four contested cases at the

Court of

Appeal and at least six contested at the High Courts.

2. The Federal Attorney General, if not already a SAN shall be made a SAN unless the

Committee thinks he is not a fit and proper person.

3. In exceptional circumstances, academic Members of the profession who have

distinguished themselves through teaching and/or published works by making

substantial contributions in the field of law and jurisprudence. Particulars and copies

of such works should be supplied.

4. All former Queen’s Counsel who applied shall be conferred with the rank.

5. Partners in Chambers who severally satisfy all the criteria are eligible, but not

associates or salaried juniors.

6. In addition to forensic excellence, an applicant shall furnish evidence of:

 a. Good law office with good library and

b. Having at least two junior legal practitioners and staff in his Law Office.

7. Good character and reputation, honesty, integrity, ability and sound knowledge of the

law.

8. Successful practice at the Bar, satisfactory presentation of cases in Court and high

standard in the profession.

9. Finally respect for the Code of Conduct and etiquette at the Bar and loyalty to the

profession.

3.3.3 Legal Practitioners Remunerative Committee – (LPRC)

This is the committee empowered by the Legal Practitioners Act to make Orders regulating

generally the charges of Legal Practitioners.38 By section 15 of the Act the committee shall

not make an order under this section unless they have served a copy of the proposed order on

the President of the Nigerian Bar Association and have considered any representations in

writing made to the committee by the Association within a period of three months beginning

from the date of service of the copy; and if the president of the Association within twenty

days of the day on which an order under this section comes into force, signifies that the

Order be annulled it shall, except in relation to anything previously done by virtue of the

order, cease to have effect on the day next following the date of the resolution and be

deemed never to have had effect.

38
Section 15 of the Legal Practitioners Act.
3.4.1 Composition

Membership of the Committee consists of the following:

(a) The Attorney-General of the Federation who shall be the chairman of the committee

(b) The Attorneys-General of the States; and

(c) The President of the Nigerian Bar Association and three other members of the

Association

3.4.2 Functions

1. Its major function is to make orders regulating the charges of legal practitioners.

2. Maximum charges for transactions.

3. The taking of securities for payment of charges.

4. Agreements between legal practitioners and clients with respect to charges.

If the committee proposes to make an order, it will serve a copy of the proposed order on the

President of the Bar Association. The Association may then make its presentations if any, on

the proposal within three (3) months of the service of the order on the President. After
considering the representation, the committee may take the order but such an order may

nevertheless be annulled by the Federal Executive Council (FEC)39.

3.5. Legal Practitioners Disciplinary Committee – (LPDC)

This is a Committee of the Body of Benchers established by Section 11 of the Legal

Practitioners

Act as amended by Decree No. 21 of 1994. It considers and determines allegations of

misbehavior by persons whose names are on the Roll in their capacity as legal practitioners.

Appeals from their decisions lie to the Supreme Court40.

The Legal Practitioners Act establishes the Legal Practitioners Disciplinary Committee as a

committee of the Body of Benchers.41 The Committee is charged with the duty of

considering and determining any case where it is alleged that a person who is a member of

the legal profession has misbehaved in his capacity as such or should for any other reason be

the subject of proceeding under this Act.

39
Section 15(4) of LPA.
40
Section 9 of Decree 21 of 1994.
41
This is by virtue of section 9 of the Legal Practitioners (Amendment) Act (old Decree No. 21 of 1994), which
amended section 10 of the Principal Act as new section 11.
3.5.1 Composition

The Committee’s composition as prescribed by Section 10(2) of the LPA has since been

altered

by Section 9 of Decree 21 of 1994. The new composition are as follows:

1. A Chairman who shall not 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 General and

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.

The professional offences for which this committee can punish has been divided into four:

(a) Infamous conduct in a professional respect, (b) Conviction by any Court in Nigeria
having power to award imprisonment for an offence which is incompatible with the status of

a legal practitioner42; (c) Obtaining enrolment by fraud43; and (d) Conduct incompatible with

the status of legal practitioners.44 The Act does not define what infamous conduct is in a

professional respect. However, in the English case of Allison v. General Council of Medical

Education Registration45 it was defined as where a medical man in the pursuit of his

profession has done something with regard to it which would be reasonably regarded as

disgraceful or dishonourable by his professional brethren of good repute and competency.

This definition has been adopted in several disciplinary actions by professional bodies. What

constitutes infamous conduct in a professional respect is unlimited but as was held in

MDPDC v. Okonkwo46, a charge of infamous conduct must be of a serious infraction of the

acceptable standard of behaviour or ethics of the profession. In legal profession, the breach

of any of the Rules of Professional Conduct in the Legal Profession could be held to

constitute infamous conduct in professional respect.47 For an offence to fall under this section

the infamous conduct must have occurred in connection with the performance of a

professional duty. But where infamous conduct is not in professional respect it may still be

punished under other offences stated in section 11(2) of the Legal Practitioners Act.

3.6 General Council of The Bar

The General Council of the Bar, also known as the Bar Council is established by section 1 of

the Legal Practitioners Act.48

42
Section 11(2) Legal Practitioners Act; See also R v. Abua [1962] 1 ALL NLR 279; R v. Sagoe [1963] 1 All NLR
297.
43
Section 11(c) Legal Practitioners Act
44
Section 12(2) Legal Practitioners Act as amended.
45
(1894) 10 B 750.
46
[2001] 7 NWLR (Pt. 711) 206
47
See Onitiri v. Fadipe Charge No. LPDC/ip/82 decided in 1991.
48
Cap L 11 Laws of the Federation 2004.
3.6.1 Composition

The Bar Council consists of:

(a) Attorney-General of the Federation who shall be the president of the Council;

(b) The Attorneys-General of the States; and

(c) 20 members of the Nigerian Bar Association of whom not fewer than seven

shall be legal practitioners of not less than ten years standing. The legal

practitioners shall be elected to serve on the Bar Council at elections in which

all members of the Association are entitled to vote in such manner as may be

provided by the constitution of the Nigerian Bar Association.

3.6.2 Functions

Some of the functions of the Bar Council as provided by the Act have, however, been

removed from it by subsequent amendments to the Act49. By the provisions of Section 12(4)

of the Act it is the duty of the Bar Council to prepare, and from time to time revise, a

statement as to the kind of conduct which the council considers to be infamous conduct in a

professional respect, and the Registrar shall send to each person whose name is on the roll

and whose address is shown in the records of the Supreme Court relating to legal

practitioners, by post to that address, a copy of the statement as for the time being revised;

but the fact that any matters are not mentioned in such a statement shall not preclude the

49
Akintayo, J. O. A. “The General Council of the Bar: A Call for a New Temple” Ibadan Bar Journal, (2003) (2) 1,
pp. 34 -61.
Supreme Court or the Disciplinary Committee from adjudging a person to be guilty of

infamous conduct in a professional respect by reference to such matters.

Another power conferred on the Bar Council by the Act is the power to make rules the

accounts to be kept by legal practitioners.50 The powers of the Bar Council over the general

management of the affairs of the Nigerian Bar Association have been removed by section 2

of the Legal Practitioners Amendment Act109. That function is now performed by the Body

of Benchers.117The power to prescribe practising fees is now exercised by the Body of

Benchers.51

3.7 Nigerian Bar Association – (NBA)

The Nigerian Bar Association (NBA) is not established by statute unlike the other

controlling bodies. However, it is recognised by statute. In fact, as far back as 1933, the

Legal Practitioners Ordinance of that year provided for the nomination of Members of the

Association as Members of the Legal Practitioners Committee. It was not until 1959 that

NBA became organised in its present national form. Its existence is also recognised by the

Legal Practitioners Act, which makes provision for its sustenance.

By virtue of Section 8(2), 90 percent of practising fees collected are to be paid by the

Registrar of the Supreme Court to the NBA for its sustenance. The Legal Practitioners Act

further provides for the appointment of NBA representatives of most of the controlling

bodies such as the Council of Legal Education, the Body of Benchers etc.

50
Section 20 of the Legal Practitioners
Act. 109 Old Decree No. 21 of 1994 117
See Section 8 of the Amendment Act.
51
Section 8(d) of the Amendment Act.
This is an association of legal practitioners in Nigeria. Every person whose name is on the

roll is eligible to be a member of the Association. The Association is not a statutory body but

it enjoys prominence in most of the bodies created by the Legal Practitioners Act. The

Association is registered as the Registered Trustees of Nigerian Bar Association under the

Land (Perpetual

Succession) Ordinance 1924, now contained as Part C of the Companies and Allied Matters

Act.52 The Association is governed by its Constitution and holds an annual General/Bar

Conference where different issues confronting the profession and the country are discussed.

In recent times it has risen as a very vocal defender of Nigerian democracy both at its state

branch levels and the National level. The policy making body of the Association is the

National Executive Council which consists of the National Officers, past Presidents and

General Secretaries, Chairmen and Secretaries of all the Branches of the Association, and

other members co-opted to represent special interests. The official head of the Association is

the President who is assisted by three VicePresidents. The General Secretary is the head of

the NBA Secretariat.

All National Officers are elected for a two-year non-renewable term at a Delegates’

Conference. The primary functions as stated by its constitution include the maintenance of

honour and independence of the Bar and the defence of the Bar in its relations with the

judiciary and the executive. It also promotes good relations among its members and helps in

maintenance of the highest standards of professional conduct, etiquette and discipline in the

legal profession.

The NBA is represented on constitutional bodies such as the National Judicial Council and

the Federal Judicial Service Commission, as well as statutory bodies including the Body of

Benchers, the Council of Legal Education and the Legal Aid Council.
52
Cap C20 Laws of the Federation of Nigeria 2004.
Rule 10 of the Rules of Professional Conduct for Legal Practitioners 2007 mandates that all

legal documents signed by legal practitioners must have the seal and stamp of the Nigerian

Bar Association.

Rule 13 of the Rules of Professional Conduct for Legal Practitioners 2007 provide that every

person who sets up private legal practice either alone or in association or partnership with

another or others shall not later than Thirty (30) days after commencement of such legal

practice and if he continuous to carry on the practice deliver a notice in the prescribed form

to the Branch of Nigerian

Bar Association where the law office is.

3.7.1 National Officers of the Nigerian Bar Association

The national officers of the Nigerian Bar Association elected by members financially up-to-

date are:

i. President

ii. First Vice President

iii. Second Vice President

iv. Third Vice President

v. General Secretary

vi. First Assistant Secretary vii. Second Assistant Secretary viii. Treasurer

ix. Financial Secretary

x. Publicity Secretary

3.7.2 Composition

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

NBA. However, there are two categories of membership by virtue of Article 3 of the NBA

Constitution, that is,

(i) Full membership and

(ii) Honorary membership.

Those enrolled as legal practitioners are full members whereas honorary members 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.

3.7.3 Aims and Objectives of Nigerian Bar Association

Article 4 of the NBA Constitution provides for aims and Objectives of the NBA. They

include:

1. Maintenance of the honour and independence of the Bar.

2. Defence of the Bar and its relation with the Judiciary and the Executive53.
53
Clause 2(b) of the Constitution of the Nigerian Bar Association.
 3. Promotion and advancement of Legal Education, continuing Legal Education,

advocacy and Jurisprudence54.

4. Improvement of the system of administration of justice, its procedures, arrangement

of

Court business and regular law reporting55.

5. Encouragement of the establishment and maintenance of a system of legal aid56.

6. Promotion of law reform57.

7. Maintenance of the highest standards of professional conduct, etiquette and

discipline58.

8. Encouragement and protection of the public’s right of access to the court59.

9. Promotion of the rule of law, protection of fundamental liberties, independence of the

judiciary127; and

10. Protection and aiding of newly qualified, incapacitated and aged members of the
54
Clause 2(b), ibid.
55
Clause 2(c).
56
Clause 2(d).
57
Clause 2(e).
58
Clause 2(f).
59
Clause
2(i). 127
Clause 2(k)
 Association60.

Please note that, the NBA has various Committees for the achievement of its aims and

objectives.

One of such Committees is the Editorial Board, which publishes the Nigerian Bar Journal.

3.7.4 Legal Status of NBA

The Trustees of NBA are registered as “Registered Trustees of NBA”. Therefore, it is a

juristic personality and not a juridical personality. It is a body corporate with perpetual

succession, a common seal, the power to hold property and to sue and be sued in its

corporate name. In the case of Fawehinmi v. Nba61, the fact that the trustees of NBA were

registered was not brought before the Court, otherwise, the Supreme Court would not have

pronounced that the NBA is not a juristic person and should be sued in a representative

capacity.

3.8 The National Judicial Council

The National Judicial Council is established under section 153(i) of the 1999

Constitution.

3.8.1 Membership of the National Judicial Council

The National Judicial Council is composed of the following members:

(a) the Chief Justice of Nigeria who shall be the Chairman

60
Clause 2(e).
61
(1989) 2 NSCC 43.
(b) the Next most senior Justice of the Supreme Court who shall be the Deputy

Chairman

(c) President of the Court of Appeal

(d) 5 retired Justices of the Supreme Court or Court of Appeal selected by the Chief

Justice of Nigeria

(e) Chief Judge of the Federal High Court

(f) President of the National Industrial Court

(g) 5 Chief Judges of States to be appointed by the Chief Justice of Nigeria in rotation to

serve

for 2yrs

(h) 1 Grand Kadi of the Sharia Court of Appeal to be appointed by Chief Justice of

Nigeria to

serve in rotation for 2yrs

(i) 1 President of the Customary Court of Appeal to be appointed by Chief Justice of

Nigeria

to serve in rotation for 2yrs

(j) 5 members of the NBA of not less than 15yrs post call and at least 1 of them must be

a SAN

(k) 2 persons who in the opinion of the CJN are of unquestionable integrity (must not
 necessarily be legal professionals)

3.8.2 Functions of the National Judicial Council

The National Judicial Council has the power to perform the following functions:

i. Recommendation of persons for appointment as judicial officers to the President and

Governors of the states as the case may be; ii. Recommendation of Persons for removal

as judicial officers to the President and Governors of the states as the case may be iii.

Exercise of disciplinary powers over all judicial officers in the country; and iv.

Deal with such matters relating to broad issues of policy and administration
 CHAPTER FOUR

CHALLENGES IN THE IMPLEMENTATION OF LEGAL REGULATION IN

NIGERIA

The effectiveness of the regulatory framework for the legal profession in Nigeria is hindered

by several systemic, institutional, and procedural challenges. Despite the existence of

statutory provisions and disciplinary bodies, the enforcement of legal regulations remains

weak and inconsistent. Many legal practitioners engage in unethical practices, judicial

corruption, and professional misconduct, often without facing swift or effective disciplinary

action. This chapter examines the major challenges affecting the implementation of legal

regulation in Nigeria, including weak enforcement mechanisms, corruption, political

interference, lack of public trust, and judicial inefficiencies.

4.1 Weak Enforcement of Disciplinary Measures

One of the primary challenges affecting the regulation of the legal profession in Nigeria is the

failure to enforce disciplinary measures against erring practitioners. The Legal Practitioners

Disciplinary Committee (LPDC) is responsible for investigating complaints of professional

misconduct, but its decisions are often delayed, overturned, or ignored by legal practitioners

and judicial authorities⁴.

4.1.1 Delays in Disciplinary Proceedings

Cases of professional misconduct are frequently prolonged for years before disciplinary

action is taken.
Under Section 11 of the Legal Practitioners Act (LPA) 197562, the LPDC has the power to

suspend or strike out any lawyer found guilty of professional misconduct. However, many of

its rulings are challenged in court, leading to years of legal battles that render disciplinary

measures ineffective.

4.1.2 Lack of Independence in Disciplinary Committees

The Legal Practitioners Disciplinary Committee (LPDC) and other regulatory bodies are

often influenced by political and professional connections, making it difficult to impose strict

disciplinary actions on high-profile lawyers. The Body of Benchers (BoB), which plays a

crucial role in disciplining legal practitioners, has been accused of favoring influential legal

figures at the expense of justice.

4.2 Corruption and Political Interference in Legal Regulation

4.2.1 Corruption Among Lawyers and Judges

Corruption remains one of the most significant obstacles to the effective regulation of the

legal profession in Nigeria¹². Reports from Human Rights Watch63 indicate that many legal

practitioners engage in bribery, case manipulation, and influence-peddling to obtain favorable

judicial outcomes.

62
s 11 Legal Practitioners Act (LPA) 1975
63
Human Rights Watch, ‘Ethical Violations and the Judiciary in Nigeria’ (Human Rights Watch, 2022)
<[Link] accessed 7 March 2025
A survey by the Nigerian Bar Association (NBA)64 in 2023 found that 60% of Nigerian

lawyers believe corruption is prevalent in legal practice, with judicial officers often

implicated in unethical dealings with lawyers. The failure of regulatory bodies to impose

strict penalties on corrupt lawyers further weakens the integrity of the profession.

4.2.2 Political Influence in the Appointment of Regulators

Political interference in the appointment of judicial officers and regulatory committee

members has weakened the independence of the legal profession. The President of the

Nigerian Bar Association (NBA), who plays a key role in legal regulation, is often elected

through politically influenced processes, raising concerns about conflicts of interest in

disciplinary matters.

4.3 Judicial Inefficiencies and Lack of Oversight

4.3.1 Case Backlogs and Delayed Trials

The inefficiency of Nigeria’s judicial system has a direct impact on legal regulation and

enforcement. Many cases involving professional misconduct are delayed for years due to

court backlogs, procedural inefficiencies, and bureaucratic red tape.

According to a report by Amnesty International65, the average time for resolving disciplinary

cases in Nigerian courts is 2 to 5 years. A notable case illustrating this issue is Chief Gani
64
Nigerian Bar Association, ‘Report on Disciplinary Cases and Ethical Standards in the Legal Profession’
(Nigerian Bar Association, 2023) <[Link] accessed 7 March 2025
65
Amnesty International, ‘Nigeria: Weak Legal Enforcement and Professional Misconduct’ (Amnesty
International, 2020) <[Link] accessed 7 March 2025
Fawehinmi v NBA66, where the Supreme Court criticized unnecessary delays in handling

legal disciplinary matters, emphasizing that justice delayed is justice denied.

4.3.2 Weak Oversight of Legal Regulatory Bodies

Regulatory bodies such as the LPDC, NBA, and Body of Benchers lack external oversight

mechanisms to ensure they perform their duties without bias or corruption. Unlike other

professional bodies, such as the Solicitors Regulation Authority (SRA) in the UK, Nigeria

does not have an independent regulatory authority overseeing the legal profession.

Scholars argue that the absence of an independent oversight agency allows misconduct to

persist, as lawyers and judges are often reluctant to discipline their colleagues.

4.4 Lack of Public Trust in Legal Regulatory Institutions

4.4.1 Perception of Impunity Among Lawyers

Many Nigerians believe that lawyers accused of professional misconduct rarely face

consequences. This perception of impunity is fueled by high-profile cases where disciplinary

measures were either weak or completely absent.

4.4.2 Limited Public Participation in Legal Regulation

Unlike in some jurisdictions where members of the public are involved in legal oversight

committees, Nigeria’s legal regulatory system remains insulated from public scrutiny. The

Legal Practitioners Act (LPA) 1975 does not provide any mechanism for external complaints

or independent public review of disciplinary cases.

66
Chief Gani Fawehinimi v NBA [2005] 6 NWLR (Pt. 956) 558
In contrast, legal systems in the United Kingdom and South Africa allow public

representatives to serve on legal disciplinary committees, ensuring greater transparency and

accountability.

4.5 Comparative Analysis of Legal Regulation in Other Jurisdictions

A comparative review of legal regulatory frameworks in Nigeria, the UK, and South Africa

provides insight into potential reforms. In United Kingdom the Solicitors Regulation

Authority (SRA) operates independently of the UK Bar Association, ensuring disciplinary

cases are handled without internal bias. While in South Africa the Legal Practice Council

(LPC) includes public representatives and independent investigators, making it more

transparent than Nigeria’s current system.

But in Nigeria the NBA and LPDC are self-regulated, leading to conflicts of interest, delays,

and lack of strict enforcement. Experts suggest that Nigeria should adopt a similar

independent disciplinary body to improve legal regulation and restore public confidence in

the profession.

4.6 Conclusion

This chapter has examined the key challenges affecting legal regulation in Nigeria, including

weak enforcement of disciplinary measures, corruption, political interference, judicial

inefficiencies, and lack of public trust. Comparative analysis shows that stronger oversight
mechanisms, independent regulatory bodies, and faster disciplinary proceedings are essential

for improving legal discipline in Nigeria.

CHAPTER FIVE

CONCLUSION AND RECOMMENDATIONS

5.1 Conclusion

The study has shown that there are several regulatory and controlling bodies in the legal

profession that serve as a check on the professional conduct of persons admitted into the

profession both at the Bar and at the Bench. A member of the Bar in the legal profession is

one admitted to practice as a barrister and solicitor of the Supreme Court and who is entitled

to sit at the Bar of the Court as well as enjoy other privileges of the Bar such as representing

clients and being robbed while appearing before superior Courts of record in the

representation of his client67. A member of the Bench refers to a person who is part of the

judiciary and who sits in an adjudicatory position in a

Court of law to hear and determine matters. All Judicial officers are members of the Bench.

Magistrates are also members of the Bench68.

Furthermore, the reason for having more bodies regulating members of the Bar is because

members of the Bar usually have personal or direct dealings with the public. So there is a

need for more regulatory bodies for legal practitioners than for Judicial Officers in order to

ensure that the dignity of the profession is maintained. As opined by the Supreme Court in

the case of Abuah v. Legal Practitioners Committee119 per Ademola CJF, “Legal practitioners

are officers of the Court. It is our bounden duty to see that officers of the Court are men of

integrity who should be trusted not only by the Court but also by the public for whom they

act”69.

The Council of Legal Education is established mainly to run the Nigerian Law School and

responsible for the continuous legal education of legal practitioners. The Body of Benchers
67
Fawehinmi v. NBA (No. 1) (1989) 2 NSCC 1.
68
C.I.C. Armed Forces v. Public Service Commission of Mid-Western State (1974) NSCC
509. 119 (1962) NSCC 175.
69
I. Ikimi, Fate of A Legal Practitioner in Nigeria Adjudged Guilty of Professional Misconduct, Nnamdi Azikiwe
University Law Journal (2019) 10 (2), p. 133.
is the body of legal practitioners of the highest distinction in the legal profession in Nigeria.

It is a body corporate with perpetual succession and common seal. The General Council of

the Bar is laden with the function of making Rules of Professional Conduct for Legal

Practitioners as well as Rules of Account to be kept by Legal Practitioners70. The General

Council of the Bar also manages the affairs of the NBA subject to limitations provided under

the NBA Constitution71.

For persons in the profession who are members of the Bench, the National Judicial Council

serves as the main regulatory body and such persons are bound by a Code of Conduct for

Judicial Officers of the Federal Republic of Nigeria in the performance of their functions.

Thus, there are more bodies regulating members of the Bar than of the Bench in the legal

profession. This is so because members of the Bench are co-opted from the Bar and as such

should imbibe the ethos of the profession because, it goes without mention that, an ethical

member of the Bar would eventually turn out to be an ethical member of the Bench.

Although members of the Bench are co-opted from the Bar, however, there are some

members of the Bench who may not be co-opted from the Bar (or who may not be legal

practitioners)72.

A combined reading of sections 261(3)(b), 276(3)(b), 266(3)(b), and 281(3)(b) Constitution

of the Federal Republic of Nigeria (CFRN) 1999, make one to understand that a person who

is not a legal practitioner may be appointed to the office of a Kadi or Judge of the Sharia

Court of Appeal or Customary Court of Appeal respectively. Persons occupying these

offices are Judicial Officers, and all Judicial Officers are members of the Bench. Section 318

of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 defines a Judicial

Officer to include any person who is a holder of the office of a Grand Kadi or Kadi of the

Sharia Court of Appeal of the Federal Capital Territory

70
Sections 12(4) and 20 Legal Practitioners Act Cap. L11, Laws of the Federation of Nigeria, 2004.
71
Rules 21 and 22, Legal Practitioners Account Rules 1964.
72
A. O. Obilade, The Nigerian Legal System, Ibadan: Spectrum Law Publishing, 1999, p. 56.
(FCT), Abuja, or Sharia Court of Appeal of a State, and a holder of the office of the

President or

Judge of the Customary Court of Appeal of the FCT, Abuja, or Customary Court of Appeal

of a State.

All the regulatory and controlling bodies in the legal profession help to maintain the dignity

of the profession. However, the Legal Practitioners Disciplinary Committee serves as

watchdog in the legal profession and guards against undesirable practices among legal

practitioners due to its disciplinary functions. The Legal Practitioners Disciplinary

Committee, the Supreme Court and the Chief Justice of Nigeria exercise disciplinary control

over legal practitioners. Legal practitioners can be disciplined for committing any of the

professional offences provided in the Legal Practitioners Act (LPA). The professional

offences are infamous conduct in a professional respect, conviction by any court in Nigeria

having power to award imprisonment, of an offence (whether or not it is an offence

punishable with imprisonment) which in the opinion of the LPDC is incompatible with the

status of a legal practitioner, obtaining enrolment by fraud, and conduct incompatible with

the status of a legal practitioner73. The Supreme Court held in the case of Abuah

v. Legal Practitioners Committee138 that legal practitioners should be men of integrity.

The Legal Practitioners Privileges Committee is saddled with the responsibility of the

conferment of the rank of Senior Advocate of Nigeria. The Legal Practitioners

Remuneration Committee is to regulate the charges of legal practitioners. It should be noted

that there is a scale of charges for legal practitioners. The Nigerian Bar Association is

73
Sessions 12(1)(a)(b)(c) and 12(2) Legal Practitioners Act Cap. L11, Laws of the Federation of Nigeria,
2004. 138 (1962) NSCC 175.
however not established by statute; it was organized in its present form in 1959. Its major

aim is to maintain the honour and independence of the bar.

5.2 Recommendations

From the foregoing, it is strongly believed that the following suggestions will be of great

assistance:

i. The regulatory bodies of the profession should take very swift action in retaining

and improving the standard of discipline in the legal profession which is

gradually been eroded by the tide of civilization and improper training.

ii. All stakeholders must realise that effective and efficient control and regulation

and discipline of lawyers is required for sustainable growth and development of

legal practice in Nigeria.

iii. Lawyers must all be guardians of the legal profession, ensuring that the rules of

professional ethics are complied with.

iv. Lawyers must always be ready to expose the unsavoury conducts of colleagues.

v. Lawyers cannot afford to allow primordial sentiments or filial relationships to

becloud their sense of justice or their love for the profession.

vi. The legal space should be sanitized to ensure that non-lawyers do not make

illegal incursions into law practice.

vii. Rule of law and professional ethics should be taught as a core course in all

universities.
viii. The investigating powers of the NBA should be strengthened and enhanced to be

more effective.

ix. A database containing the names of lawyers who have been sanctioned for

misconduct by the LPDC should be created and made easily accessible so that

they will be

identifiable.

x. The LPDC should, in addition to any of the sanctions which it may impose, have

the power to recommend in appropriate cases, that lawyers liable should be

prosecuted if the act of misconduct amounts to a crime.

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