Answers

How did the Legal Profession start in Nigeria?


The history of the legal profession in Nigeria dates back to the period before the arrival of the British at any of the territories which together now constitutes Nigeria .

But the profession in its present form comprising practitioners of the English type of Law came into being in 1863, for in that year English Law was introduced into the Colony of Lagos and Courts were established there.

Under the Supreme Court (Civil Procedure) Rules 1876, every person admitted to practice was entitled to practice as Barristers and Solicitors.

Thus, in order to qualify as a Legal Practitioner in Nigeria , a person had to be called to the English, Scottish or Irish Bar or be a Solicitor in England , Scotland , North Ireland or Eire . Most persons who came to Nigeria to seek enrolment, as Legal Practitioners were persons called to the Bar in Britain or Eire .

But on enrolment here, they were entitled to practice as Barristers and Solicitors. Such Practitioners did not, normally, study Nigerian Law before seeking enrolment. It was, therefore, not easy for them to render efficient service as Legal Practitioners.

The need for a better system of Legal Education was thus felt. Accordingly, in April 1959, the Federal Government appointed a Committee known as the Committee on the future of the Nigerian Legal Profession (the Unsworth Committee) “to consider and make recommendations for the future of the Legal Profession in Nigeria with particular to Legal education and admission to practice, the right of audience before the Court and the making of reciprocal arrangements in this connection with other Countries, the setting up of a general Council of the Nigerian Bar, the powers and functions of such a Council, the institution of a Code of Conduct, the disciplinary control of the Profession's members and the principles to be applied in determining whether a member of the Bar should be prohibited from practicing in Nigeria”.

The Committee was also required to “make suggestions for amending, expanding or improving the Legal Practitioners Ordinance in conformity with present day requirements” .

The Government implemented recommendations of the Committee by passing the Legal Education Act 1962 and the Legal Practitioners Act 1962.

Who is a Legal Practitioner, and what does it take to become a qualified Legal Practitioner?


A Legal Practitioner is one who is entitled in accordance with the Legal Practitioners Act to practice as a Barrister and Solicitor either generally or for the purpose of any particular office or proceeding.

A solicitor is a legal adviser who represents another in any matter other than as an advocate in a suit in the court.

A Barrister is an advocate who has been called to the Bar. In Nigeria unlike in some other jurisdiction, a legal practitioner performs the duties of both a Barrister and a Solicitor.

The following are the conditions that a person has to satisfy before he can become a legal practitioner in Nigeria. These are:

• Obtaining a law degree from a recognized tertiary institution

• Attendance of the Nigerian law school

• Production of a qualifying certificate of call to Bar to the Registrar of the Supreme Court of Nigeria

• Enrolment at the Supreme Court as a Solicitor and Advocate.

To be called to the Bar the person must be a Nigerian and must satisfy that he is of good character. Non-Nigerians can also be called to the Nigerian Bar if they satisfy the above conditions with addition to the following:

• They must satisfy that they are authorized to practice law in their country and

• Their country accords the same privilege to Nigerians

In the year 1962, three categories of people were allowed to practice law in Nigeria as legal practitioners under the Legal Practitioners Act 1962 now known as the Legal Practitioners Act 1990 of the Federation.

The act defines a legal practitioner as a person entitled in accordance with the Legal Practitioners Act to practice as a barrister and solicitor either generally or for the purpose of any particular office or providing.

The three categories are as follows:

• Those entitled to practice generally

• Those entitled to practice for the purpose of any particular office, and

• Those entitled to practice for the purpose of any particular proceeding