RESOLVING CONUNDRUMS REGARDING LEGAL PROFESSION REGULATION IN NIGERIA (PART 1)

Abstract

While there is a general consensus among members of the legal profession in Nigeria, that the profession is variously regulated and by multiple institutions, certain controversies have persisted among stakeholders, especially because, as in most other jurisdictions, many people understand regulation only in terms the narrow compass of government interventions through legal rules enforced by statutory bodies. Besides, many are still confused about the precise nature of regulation, classification of regulation and regulators, as well as the structural, legal and institutional framework for legal profession regulation in Nigeria. In this three-part discussion (each part contained in a separate paper), the present author comprehensively addresses these and some other questions on the subject. The first part (contained in the present paper), examines nature and scope of the legal profession, nature of regulation, and powers of, and power-interplay among some regulators of the Bar in Nigeria, including the NBA, Council of Legal Education (and the Nigerian Law School), General Council of the Bar, Body of Benchers, Legal Practitioners Disciplinary Committee, Legal Practitioners Remuneration Committee, and Legal Practitioners Privileges Committee. Part 2 focuses on analysing questions related to involvement of the Supreme Court of Nigeria, the office of the Chief Justice of Nigeria, the Attorney-General of the Federation, Courts of law, the Corporate Affairs Commission, the Economic and Financial Crimes Commission, the National Identity Management Commission, and Public Opinion, in regulation of the Nigerian Bar. The third part focuses on regulators of the Bench. Although each discussion relies heavily on statutes, delegated legislation, law reports and other conventional legal materials as major sources of data, based on which it goes ahead to formulate principles and draws necessary conclusions, it must be advised that the work is neither speculative nor hypothetical; emphasis is not on mere legal doctrines and concepts but on people and institutions regulated by law. The approach is both descriptive and expository, adopting the doctrinal method in a largely socio-legal style, with a view to eliminating or minimizing uncertainties among members of the profession, researchers, law students, law teachers, practitioners, knowledge-seekers and the general public on the subject.