Assessing the impact of clinical legal education on Nigerian law students.

Being an Essay submitted to Bauchi State University Law clinic.

Dedication.

This Essay was firstly dedicated to Almighty Allah (S.W.T) who bless my pen with sufficient ink to write
this essay. Secondly the essay was dedicated to the entire law students of Bauchi State University
Gaɗau.

Acknowledgment.

All praises and gratitudes are due to Almighty Allah (S.W.T) exclusively, the Author of the life. Who
leaves me alive, healthy and mentally capable to write this essay. Without his permission nothing will
be done ad infinitum.

My profound gratitude also goes to the entire officials of Bauchi State University law clinic who finds me
worthy to participate in this great essay writing competition. I really honored, may Allah add more
Grease to your elbow.

Table of Contents;

1.Dedication.

2.Acknowledgment.

3.Abstract

4.Introduction.

5. Meaning of Clinical legal education.

6. Inception of clinical legal education into the Nigerian Universities.

7.Impact of clinical legal education on the Nigerian law students.

8.Conclusion.

9. Bibliography.

Abstract

Like other science's courses taught in University which have an organize method of training the
students towards practical aspect. Legal education won't left behind, it also adopt the method of
training law students to be acquainted with the practical aspect rather than just a theory which was
taught in a classroom. After the Inception of clinical legal education into the Nigerian Universities many
faculties of law have recognized it as a core course which law student must be taught and passed before
graduation. Clinical legal education entails all the practical aspect of legal education, such as lawyering
skills, moot court, drafting, interview with real clients and negotiation with them. This essay will mainly
assess the impact of clinical legal education to the Nigerian law students. But this will not prevent the
writer to give history of clinical legal education's inception into the Nigerian Universities. The essay will
further examine the meaning of some important keywords related to this topic.

keywords; clinical, legal education, law students.

Introduction.

Clinical legal education is 'Sine qua non' (1) for a law student to be successful in his future carrier as a
legal practitioner. King George lll of England(2) stated that “Lawyers do not know law more than other
people, but they know better where do find the law”. Thus, what makes law students deffirent from
other students especially social science students is just a clinical legal education (which is the process of
converting the theoritical aspects into the practical aspect of legal education). Everybody knows the law
but only law students know the prosess and procedure of applying such law for the effective use. You
can heard somebody walking in the street qoating sections of a particular statute, making reference with
the previous decision of the Court, but he can't trace the jurisprudence and legal implication of that
provision or that precedent. Bacause he only knows the theory not the law in practice or reality. Law
students who have been trained through clinical legal education can convert the theoritical aspects of
the law into the reality. Therefore, clinical legal education serves as a bridge which links between
theoritical aspects of legal education and practical aspect thereto.

Before I delve into the elucidation let me briefly examine the meaning of some important keywords;

Clinical:

The word 'CLINICAL' relates to the observation and treatment of actual patients rather than theoritical
or laboratory studies.(3) In other words, Clinical relates to the examination and treatment of patients
and their illness.(4)

From the legal perspective 'Clinical' can be seen as an examination and interview with a client to
acquire the facts in order to make a proper solution to his legal problems.

Legal Education:
 A body of knowledge about the government, administration, and law. Possession of a legal education
serves as a basis for professional legal activity.

The system of training students to become legal specialists. Such training is given in educational
institutions that are devoted to the study of law.
(5)(https://encyclopedia2.thefreedictionary.com/Legal+Education)

Legal education means any education or training programme offered by an institution whose object is to
impart knowledge or skills in the area of law, or such other educational or institutional training that the
Council may declare to be legal education or training; (6)(https://www.lawinsider.com/dictionary/legal-
education)

Law student:

Law student is any person who has legally admitted into the any faculty of law in Nigerian or abroad
university to reads the law.

Meaning of Clinical legal education:

According to Network of University legal aid Institution (NULAI)(7) is of the view that Clinical legal
education is a “multidisciplinary and multipurpose type of education which seeks to develop the Skills
and competencies needed to strengthen the legal system, providing opportunities for learning social
justice concepts”.(8)

According to Rekosh Clinical legal education is a “dynamic and interactive way of teaching law students
the methodology for good practice, the critical thinking required to analyze all legal matters, the ethical
issues essential to act professionally, and the spirit of public service needed to represent the
underrepresented”.(9)

In other words, Clinical legal education is the “form of informative and experiential education aimed at
reforming the theoritical system of legal education by developing a realistic and progmatic system that is
capable of breeding professionally competent, socially conscious and ethical lawyers that will work for
the society”.(10)

From the Nigerian perspective, Clinical legal education has been defined to mean; “The introductive of a
new interactive method of teaching which focuses on immediate use and develops lawyering skills
through group discussions, brainstorming exercise, debates, case studies, role plays, mock trials,
simulation, use of ICT and multimedia's training and consider ethical issues and also combines real life
services”(11)

According to writer, Clinical legal education servers as a bridge which links between theoritical aspects
of legal education and practical aspects thereto.

The Inception of clinical legal education into the Nigerian Universities:

The teaching system in Nigeria is structured after the English system due to colonisation with the
teacher-centred approach to teaching on rote learning without emphasis on lawyering skills. During the
colonial era in Nigeria there was no formal training of legal practitioners; rather, persons with basic
education and knowledge of the English law were appointed to practice law after being certified as fit
and proper to fit in the role as practitioners in Nigeria. These categories of legal practitioners, known as
local attorneys, were later joined by practitioners who were trained in Britain as either Barristers or
Solicitors. And by 1913, there were about 25 qualified practitioners which led to the end of granting
access to unqualified persons to practice law in Nigeria. A great anomaly in the system was that British
trained lawyers were trained either as a Barrister or as a solicitor, but upon their return to Nigeria, they
were practicing in both capacities.(12)

To correct the anomalities, the unsworth committee was set up in 1959 to make recommendation on
how to improve legal education in Nigeria. The committee, in it's report made recommendations that
Nigeria should have it's own system of legal education, with a faculty of law and the Nigerian law school
to be established, a council of legal education should be established and the qualification to practice law
in Nigeria should be a law degree. Based on these recommendations, the system of legal education in
Nigeria became two-tied, with the university degree and vocational training at the Nigerian law school.
(13)

The inception of clinical training into the Nigerian legal education system dates back to the participation
of some schools at the first All-Africa clinical legal education colloquium in Durban in June 2003. By
October of the same year, the NULAI was established by professor Earnest Ojukwu(14) and four pilot
law clinics were subsequently established in four campuses of the Nigerian law school.(15)

In the NULAI Nigeria 2018 Annual Report, NULAI reported the presence of over 40 law clinics in Nigeria.

These are the clinics registered with NULAI according to the report: (16)

1. ABSU Law Clinic, Faculty of Law, Abia State University established in 2005.

2. AKUNGBA Law Clinic, Faculty of Law, Adekunle Ajasin University, Akoko, Ondo State established in
2005.

3. Maiduguri Law Clinic, Faculty of Law, University of Maiduguri, Borno State established in 2005.

4. UNIUYO Law Clinic, Faculty of Law, University of Uyo established in 2005.

5. EBSU Law Clinic, Faculty of Law, Ebonyi State University established in 2005/2006.

6. Women's Law Clinic, Faculty of Law, University of Ibadan established in 2007.

7. University of Abuja Law Clinic, Faculty of Law, University of Abuja established in 2008..

8. AAU Law Clinic, Faculty of Law, Ambrose Alli University, Ekpoma; Edo State established in 2006.
9. Legal Advice Center, Nigerian Law School, Augustine Nnamani Campus, Agbani, Enugu State
established in 2008.

10. ABU Law Clinic, Faculty of Law, Ahmadu Bello University Zaria, Kaduna started in 2006.

11. Legal Aid Clinic University of Ilorin; Kwara State established in 2011/2012.

12. Nasarawa State University Law Clinic, Keffi; Nasarawa State established in 2012.

13. Yola Prison Clinic, Nigerian Law School, Yola Campus; Yola Adamawa State started in 2013.

14. University of Nigeria Law Clinic, Faculty of Law University of Nigeria, Enugu Campus; Enugu State
established in 2008.

15. POLAC Law Clinic, Nigeria Police Academy Wudil; Kano State.

16. OOU Law Clinic, Olabisi Onabanjo University; Ogun State established in 2010.

17. Bagauda Law Clinic, Nigerian Law School Kano Campus established in 2010.

18. Uniport Law Clinic, University of Port Harcourt, Rivers State.

19. Baze University Law Clinic, F.C.T

20. Nile University of Nigeria Law Clinic, F.C.T

21. Osun State University Law Clinic, Osun State.

22. Kogi State University Law Clinic.

23. Ekiti State University Law Clinic .

24. Bauchi State University Law Clinic.

25. University of Calabar Law Clinic, Cross Rivers State.

26. Delta State University Law Clinic.

27. Kano State University Law Clinic.

28. Lagos State University Law Clinic.

29. Niger Delta University Law Clinic.

30. Unilag Law Clinic, University of Lagos.

31. AUN Law Clinic, American University of Nigeria; Adamawa State.

32. University of Jos Law Clinic.

33. Taraba State University Law Clinic.

34. University of Benin Law Clinic; Edo State.

35. Elizade University Law Clinic; Ondo State.

36. Renaissance University Law Clinic.

37. BUK Law Clinic, Bayero University Kano.

38. NAU Law Clinic, Nnamdi Azikiwe.

39. University Awka, Anambra State.

40. Caliphate Law Clinic, Usmanu Danfodio University, Sokoto State.

41. YSU Law Clinic, Yobe State University.

42. ESUT Law Clinic, Enugu State University of Science and Technology.

The purpose of legal clinics operating at universities is to enable students to established contact with
real clients and their problems while still studying. Clinical law teaching facilitates the understanding of
what the students will be dealing with after graduation and is therefore helpful in choosing the right
professional path. Since this way of teaching law students is considered to be particularly valuable, law
clinics are created in order to educate students through the clinical teaching program at law faculties.
(17)

Before this period, the pedagogy of legal education in Nigeria was rigid and confined students to
theoritical perspectives without any form of exposure to develop their skills such as research skills,
communication skills, advocacy skills, writing skills and several other skills that could prepare the
students for actual legal practice.(18)

The Impact of clinical legal education on the Nigerian law students:

Clinical legal education is to a law students what a workshop is to the engineering students and what a
laboratory is to the science students.(19)

The impact of clinical legal education on Nigerian law students can't be overemphasize, because it is the
only concept that will acquaint them to the theoritical aspects of legal education. Lawyering skills (such
as Advocacy, drafting the legal documents, interaction with real clients and conducting a legal aid to the
less privilege people in the society), and professional ethics such truthfulness, honesty, hardworking and
integrity are all learn through clinical legal education.

Let's consider some comments given by different writers concerning the impact of clinical legal
education on Nigerian law students;
The clamour for a change in the legal education system in Nigeria was witness in the early 2000s which
led to the establishment of law clinics across the Nigerian law schools in 2004. The carriculum of the
clinical legal education in Nigeria was compiled by a renowned Professor of law, Ernest Ojukwu who
championed the cause for the establishment of law clinins in Nigeria.

According to Ojukwu, a law clinic “provides an avanue to address what is taught at law schools and how
to achieve the teaching and leaving goals as necessary in educating lawyers”.(20)

There is a consensus that Clinical legal education builds self-confidence and improves public speaking
skills as the introvert students have been recorded to become bold, assertive and confident. The result
of the questionnaire admnisted to students across Nigeria in the cause of this study revealed that 63.5
per cent of the students who participated in this study assert that they are more confident about
practicing law. Interactions with students that have participated in one form of clinical activity or the
other revealed that the students are more assertive in their claims and arguments.(21)

A particular student, Matilda, shared her experience during a focus group discussion where she said;

“Before I got involved in clinical activity, I always believe it was normal to have sympathy for people with
legal problems. But with the sword in my hands, I have learnt to draw the line between sympathy and
empathy in order to fully represent a client to the best of my abilities”.(22)

Another writer Akin Olawale Oluwadayisi (23) while making a preface for his book Titled 'Sample Drafts
for lawyers' state that;

“There was a particular session at the Nigerian law school that recorded a high rate failure especially in
civil litigation. When I made my investigation, I discovered that many of the students found it strange
and strenuous to engage themselves in the art of practicing drafts of legal documents and court
proceses. The particular set of the Nigerian law school prefer to study only the principles, quote sections
of statutes and cases rather than answering questions on drafts. Fortunately, most of the courses
offered at the law school now incorporate practical skills of which drafting is paramount. Like the former
Director General of Nigerian law school (Dr. Tahir Mamman SAN) once mentioned, “no principal of a
chamber will ask a new wig what section 118 of criminal procedure Act is saying about bail but will
rather ask him to prepare a bail application for failing in court. In the same vein, a company that has
engage a lawyer will only be interested in what the lawyer will deliver using his practical skills rather
than quoting Cases and sections of CAMA for them at the Board meeting”. (24)

Sheppard when commenting on the benefit of clinical activities expressed that;

“Why should a student be forced to learn the law exclusively in the laborious and difficult manner? must
he be denied the privilege, which the students of medicine, chemistry and the other sciences enjoyed, at
the outset of his study from treatises what other original investigators have discussed? Like the students
of the different sciences, the law student must learn how to make original investigations for himself and
diagnose, so to speak the principles of law from the cases in actual litigation. But no reason can be given
why he must learn the whole science of the law by his own investigations in the undigested mass of raw
material in the shape of adjudicated cases. No medical school can pretend to give a complete course of
instruction at the present day without introducing into its carriculum a comprehensive course of clinics”.
(25)

Base on the above different comments given by the prospective writers, we can can simply analyze the
impact of clinical legal education on Nigerian law students. Clinical legal education if properly channeled
to the law students it will certainly equipped him with the following;

1. Practical approach:

Law in practice is much more important than the law contained in a statutes. Clinical legal education
would certainly equipped law students to the experimental learning of legal education that is 'leaning by
doing'. It develops confidence into the law student to give solution to a particular legal problem.
Through clinical legal education law student can apply his thinking and reasoning to trace the
jurisprudence and legal implication of a particular statute or particular Court decision.

2. Acquisition of skills:

Skills are paramount in legal profession, it is only through clinical legal education law student will
acquire some important skills which will enhance his proficiency in the future carrier. The skills may
include skills like Research skills, Communication skills, interviewing of clients and witnesses, Counseling,
Drafting, Negotiating, and Problem Solving etc skills. These skills are very important to a lawyer.

3. professional ethics and responsibilities:

The sustainability of legal profession depends on ethics and etiquette. Professional ethics such as
honesty, integrity, truthfulness and hardworking are all learn through clinical legal education.

4. Involvement with local community:

Through clinical legal education law student can understand the Nature of society. Which will enable
him to offer a legal advice and conduct a legal aid to the less privilege people in the society. It is through
clinical legal education law student can understand the problems of society and make a step to acquire
reasonable solution to it.

Conclussion;

The Clinical Legal Education is a term which encompasses learning which is focused on enabling students
to understand how the law works in action. This can be done by undertaking real or realistic simulated
case work.
The training in law is specifically aimed at producing lawyers whose level of education would equip them
properly to serve as advisers, solicitors or advocates to governments and their agencies, companies,
business firms, associations, individuals and families, etc.”

In order to assess the impact of clinical legal education on Nigerian law students, I can say that Clinical
legal education is to a law students what a workshop is to an engineering students and laboratory is to a
science students.

Bibliography: