CHAPTER ONE

HISTORY OF THE LEGAL PROFESSION AND REGULATIONS

(This is not an Exam Focus Area except for few points that will be highlighted)

Prior to the establishment of the Nigerian law school in 1962, training of lawyers
was done mainly in the United Kingdom. The history of NLS id divided into 3
stages or era as follows:
1. 1876-1914
A. The professionally qualified legal practitioners and have been admitted to the
inns of court (Middle Temple, Inner Temple, Lincoln’s Inn and Gray’s Inn) in
England, Scotland and Ireland Section 71 of Supreme Court Ordinance of
1876. Had Automatic enrolment
B. Those who served articles :
Those who worked in the offices of a practicing barristers or solicitor residing
within the jurisdiction of the court for a period of 5 years by virtue of Section
73 of Supreme Court Ordinance of 1876
C. Local Attorneys:
See 74 of the Supreme Court Ordinance of 1876, the chief justice could
appoint them due to shortage of qualified practitioners as they sat and
passed the exams set by CJ. The enrolment was for 6 months

2. 1914-1962…This period saw the era of indigenous lawyers trained in

England and other U.K countries.

3. 1962-Till Date: This is the important era and under this era, the NLS was
established. The following are the obvious deficiencies that led to the
establishment of NLS:
a. A degree was not required, the minimum educational requirement was
GCE or O’ level, therefore some Nigerians who were not graduates were
called to bar.
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 b. The training did not take into cognizance the peculiarity of the Nigerian
legal system
c. In U.K a person is either trained as a Barrister or a Solicitor but upon
return to Nigeria, the person practices in both capacity

The above deficiencies led to the forming of a committee in 1959 known as the
Unsworth Committee. The committee came up with several recommendations
one of which includes the establishment of the NLS.
These recommendations were adopted and it gave birth to the Council of Legal
Education Act 1962 pursuant to which the NLS was established.
The NLS started with eight students in 1963 at No 213A Igbosere Road Lagos
where it remained until 1966.

Persons Entitled to Practice In Nigeria: (August 2019 Q 1e, Jan 2020 Q 3a)
The following persons can practice in Nigeria:
1. Persons entitled to practice by virtue of their office; e.g. the A.G, Solicitor
General S. 2(3) LPA
2. Persons entitled to practice generally; e.g. all legal practitioners enrolled at
the SC
3. Persons entitled to practice for the purpose of a particular proceeding by
Warrant granted by the Chief Justice of Nigeria. Such a person can only
handle the matter for which the warrant was granted. S. 2(2) LPA

Conditions to Qualify for Admission as a Legal Practitioner in Nigeria

1. He satisfies the Benchers that he is of good character
2. He produces a qualifying certificate to the Benchers
(The above two are the conditions for Call to the Bar)
3. He has his name enrolled as a Barrister and Solicitor of the Supreme Court
4. He has paid his practicing fees.
See S. 4(1) of the LPA
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NB: The qualifying certificate for Call is issued by the Council of Legal
Education. See S. 5 of the Legal Education Act
Conditions for enrolment at the Supreme Court are:
A new Wig is expected to immediately or as soon as practicable go to the Supreme
Court for enrolment. The following are conditions for enrolment:
1. That a person has been called to the Bar by the Benchers, and
2. He produces the Certificate of his call to the Bar to the Registrar of the
Supreme Court. See S. 7 (1) of the LPA

Exemption from Attendance of the Nigerian Law School

Under certain circumstances, a person may be entitled to either FULL or
PARTIAL exemption from attending the NLS.

(A) PARTIAL EXEMPTION from Attendance of the Nigerian Law School

(Exemption from Bar Part I)
a. Graduate of Law from Common Law jurisdiction teaching Law in a
Faculty of law in Nigeria for a period of 5 years
b. A graduate of a non-common law jurisdiction who has taught law for 10
years in Faculty of law in Nigeria and above are exempted from the Bar
Part I programme of the Nigerian Law School. See S. 2(a) & (b) of the
Legal Education (Consolidation) Act 1976.

(B) FULL EXEMPTION: Here a person is not to attend the Bar I &II
programme provided he is: Legal Notice No.439 of 5 July 1989.
(a) A Nigerian citizen.
(b) Qualified to be admitted to the Law School.
(c) His subjects trained on are the qualifying subjects of the Nigerian Law
School prescribed by the CLE.
(d) lost the opportunity to attend the NLS for reasons beyond his control at the
time he qualified or a reasonable time thereafter.
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 (e) He has over the years gathered enough knowledge and experience for a
period not less than five (years) that it will be unreasonable to require him
to attend NLS

THE DINNER PROCEDURE – 2017 Bar Final

1. Students check in and remain seated 30 minutes to the scheduled time
2. DG/DDG, academic staff and other lawyers present file in first and remain
standing while the members of the BoBs file in (all remain standing until
the benchers take their seat)
3. Opening prayer is said with all standing after which dinner is served
4. During dinner students are allowed to speak in low tones and observe
proper table manners, movement about the hall is also strictly forbidden
unless in exceptional cases.
5. Loyal toast to the Federal Republic of Nigeria is given by one of the
benchers
6. The chairman or its delegate will give a brief After dinner.
7. Brief introduction of the members of the BoB present by the DG/DDG
8. All stand for the Closing prayer
9. Members of the BoB file out followed by the DG/DDG, academic staff,
other lawyers present and students

Loyal Toast takes the following format: 2017 Q 1(E)

“As we all aware, the federal republic of Nigeria is a nation abundantly
blessed by the Almighty God in every area of human endeavor. the most
populous black nation in the world, Nigeria occupies a pride of place in the
comity of nations. it is indeed a singular privilege to be citizen of this
blessed nation.”
Proposal of the toast proper: May we now toast “To the Federal Republic of
Nigeria”
Others respond: “To the Federal Republic of Nigeria”
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 CHAPTER TWO
CLIENT INTERVIEW AND COUNSELLING
This is the process of eliciting relevant facts for the purpose of understanding a
client’s brief and what the client wants.

MODELS OF CLIENT INTERVIEW

There are two main recognized model of client interview for lawyers. They are:
(A. Avrom Sherr Model: divided into three stages of conducting client
interview as follows: (August 2018 Q 2a, January 2020, Q 4e, March 2021)
1. Listening
2. Questioning, and
3. Advising
(B. Chay and Smith seven (7) stages of conducting interview as follows:
1. Preparing
2. Starting the interview
3. Understanding the Client’s concerns
4. Identifying and evaluating solutions
5. Taking instructions
6. Closing and Reflecting

PURPOSE/IMPORTANCE OF CLIENT INTERVIEW (Exam Question)

1. To establish lawyer/client relationship.
2. Assist the client make an informed choice
3. To reduce the client’s anxiety over his legal problem.
4. To enable the lawyer advice the client appropriately
5. To enable the lawyer, elicit relevant facts of the client’s case
6. Helps the lawyer to analyze the facts and legal problems presented by the
client.

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 7. To enable the lawyer, understand the area of law which the client’s problem
falls
8. Helps the lawyer to determine the option most suited to solve the problem
in the best interest to the client/ develop reasoned course of action

Venue for Conducting Client interview

The Venue for conducting Client interview is the solicitor’s office. See R. 22 RPC
Advising client must be within the bounds of the Law and not boastful assurances
which must also be candid as to the strength and weaknesses of the client’s matter.
See R. 15(3), 14(2) (c) and (e) of the RPC.

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 CHAPTER THREE
ALTERNATIVE DISPUTE RESOLUTION (ADR) AND ONLINE
DISPUTE RESOLUTION
During client’s interview, it is mandatory to advise clients when necessary to
explore ADR options before resorting to litigation. R. 15(3)(d) RPC
How introduce ADR to your Client
a. First explain the meaning of ADR and its components,
b. Explain the advantages and disadvantages of each component, and
c. Allow him to make an informed decision

VARIOUS METHODS OF ALTERNATIVE DISPUTES RESOLUTION

ADR simply means Alternative Dispute Resolution. It is the method by which

parties to a dispute reach an amicable resolution of the dispute without the need
to resort to Court or litigation. ADR could be Court connected or non-Court
connected. It is the former when where the matter was already in Court and the
parties agreed on an out of Court settlement while it is the latter where the parties
mutually reach an acceptable agreement without recourse to Court.

The various ADR Procedures are: (focus)

1. Negotiation;
2. Mediation;
3. Conciliation
4. Arbitration.
5. Early Neutral Evaluation
6. Hybrids
ADVANTAGES OF ADR

1. It’s cheaper
2. Its faster
3. It promotes reconciliation

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 4. It encourages friendliness
5. It’s less formal
6. It ensures privacy and confidentiality
7. Ensure parties’ right of choice
8. It reduces the workload of the court

DISADVANTAGES OF ADR (This is invariably the reasons

why Litigation is preferred to ADR)

1. It is a less concrete mode of settlement of disputes

2. Finality of decisions; most of its decisions are not accepted as final.
3. Enforceability of judgment; it is not easy to enforce Judgments/awards
arising for ADR
4. There is no provision for Appeals rather an aggrieved party may totally
reject the decision.
5. It is not useful in emergency situations which may require urgent need for
the parties to maintain status quo.
6. It has some limitations because not all cases can be resolved by ADR

ABITRATION.
This is a method of dispute resolution involving one or more neutral third parties
who are usually agreed to by the disputing parties and whose decision is binding
An arbitration clause is a clause inserted in a contract providing for compulsory
arbitration in case of dispute as to rights and liabilities under such contract.
M.V. Lupex v. N.O.C & Son Ltd
The arbitration clause contains the parties agreement to resolve present and future
disputes by arbitration.
The Rule is that the arbitration clause and the contract which incorporated it are
two distinct contracts.

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Consequently, where the contract is void for illegality, the arbitration clause could
still survive as the illegality of the underlying contract would not impeach the
arbitration agreement. The arbitration agreement and the underlying contract need
not arise and fall together.
Arbitration is a personal right. Therefore, it can be waived by either of the parties
to the agreement expressly or by contract. Kurubo v. Zachmotison (Nig.) Ltd

CONDITIONS TO RESORT TO ARBITRATION: Nig. LNG Ltd v. African

Development Insurance Co. Ltd
(a) That there is an agreement between the parties thereto or a statutory
provision which compels arbitration in such matters.
(b) That the parties before the court are parties to the agreement or the
transaction which compels arbitration;
(c) That the arbitration sought is within the contemplation of the arbitration
agreement or circumstances calling it;
(d) That there is no sufficient reason why reference to arbitration should not
be made; and
(e) That the application for stay of proceedings pending arbitration was made
in time as envisaged under section 5 of the Arbitration Act.

Online arbitration is a technology-assisted arbitration for the resolution of

disputes between parties.
A type of online arbitration is the Blockchain Arbitration. It is developed as a
dispute resolution mechanism for disputes arising from Smart Contracts. Smart
contracts unlike regular contracts are not written in any known natural or human
language but are written in codes. Where disputes arise from smart contracts,
blockchain arbitration can be used to resolve such disputes.
NEGOTIATION
This entails the parties discussing and agreeing to terms or reaching mutually
acceptable resolution without the aid or intervention of a 3rd party.
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Negotiation can also be done online. ODR is less being used in negotiation but
mostly used in mediation and arbitration
Negotiation Strategies include: (August 2017 and 2018 Q No 2)

a. Positional or competitive strategy (Win-lose strategy)

b. Cooperative or Problem-Solving strategy (Win/Win)
c. Compromising
d. Accommodating
Negotiation Tactics Include: (August 2018 and April 2019 Bar Final No 1)

1) Behavioral tactics
2) Package
3) Take it or leave it
4) Limited authority
5) Leapfrogging
6) Nibble
7) Piecemeal
8) Puffs
9) Contextual manipulation
10) Control of agenda
11) Overwhelming numerical strength
12) Lack of authority
13) Psychological tactics
14) Threats

STAGES IN NEGOTIATION
(a) Opening;
(b) Bargaining;
(c) Closing; and
(d) Execution.

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Or (Lecturers)
1. Preparation/Planning stage
2. Ice-Breaking (1st Contact) Stage
3. Agenda setting Stage
4. Bargaining Stage
5. Conclusion Stage
6. Execution Stage

MEDIATION

This is a non-binding dispute resolution mechanism involving a neutral and

impartial third (3rd) party (mediator)who Facilitates communication, promotes
understanding, focuses the parties on their interest and uses creative problem-
solving techniques to enable the disputing parties to promote and achieve
reconciliation through a negotiated settlement- a mutually agreeable solution.

It is also termed case evaluation or facilitated negotiation.

ENFORECEABILITY OF AGREEMENT MADE DURING MEDIATION

An agreement reached by the parties during mediation is enforceable:

● If the terms of settlement are reduced into writing by the parties and
witnessed by their counsel.
● The term of settlement will thereafter be filed in court and made the
judgment of the court in form of a consent judgment.

Online mediation is a form of ODR that is commenced when an electronic mail

is sent to the parties notifying them of the basic information about the mediation.
The meetings with the mediator are usually conducted through electronic mails or
video conferencing or instant chat. The mediator has both joint and separate
meetings with the parties in virtual chatrooms. (Exam focus)

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CONCILIATION

This is the process of settling a dispute in an agreeable manner. It is a method by

which a neutral third (3rd) party meets with the parties to a dispute, and explores
how the dispute might be resolved. However, he may deliver his opinion as to the
merit of the dispute in necessary cases.
The conciliator is a neutral person who decides and awards nothing and he is not
bound to observe the strict rules of natural justice.

AREAS NOT SUBJECT TO ADR/ LIMITATION OF ADR (Exam Focus)

The following matters cannot be resolved by ADR:

1. Declaration of status in matrimonial causes

2. Declaration of title to land
3. Grievous criminal offences not compoundable e.g. murder
4. Election Petition cases
5. Enforcement of fundamental human rights
6. Interpretation of statutes/ documents
7. Injunctions
8. Application for judicial review.

ONLINE DISPUTE RESOLUTION (Exam focus)

Online Dispute Resolution (ODR) is an aspect of ADR that makes use of
technology and the convenience of the internet to facilitate the resolution of
disputes between parties. Settlement of disputes is usually done online through
the use of automated technology such as virtual mediation rooms, blind bidding,
arbitration system, automated negotiation, drafting collaboration, etc. Automated
dispute resolution involves the use of online portal system or software.
Thus, persons involved in ODR must be technology friendly because a lack of it
is a disadvantage.
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Online Dispute Resolution is usually done through
A. video conferencing,
B. telephone conversation,
C. electronic mail,
D. instant chat or any other online method agreed by the parties to the dispute.
ODR methods include:
a. online arbitration,
b. online mediation,
c. technology assisted negotiation,
d. online consumer complaint management and
e. online ombudsman
While the first two are currently practiced in Nigeria, the last three are practiced
in some foreign jurisdictions
POSER
Can a matter already brought before the Court be settled out of Court, and what
happens to such settlement. May 2012 No 3(e)
The matter can be settled out of court if the parties are interested. All they need to
do is to inform the court that they want to settle the matter out of court and ask for
a long adjournment.
When they settle out of court; they will reduce their terms of settlement into
writing which will be filed in court. The court will adopt the terms of settlement
and make it consent judgement

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 CHAPTER FOUR
OVERVIEW OF THE RULES OF PROFESSIONAL CONDUCT
For the purpose of your Bar Final Examination and proper understanding of the
Rules, I will divide the rules into Four (4) parts to wit:
1. Duties of Counsel to the Legal Profession
2. Duties of Counsel to his Client
3. Duties of Counsel to his Professional Colleagues
4. Duties of Counsel to the Court

DUTIES OF COUNSEL TO THE PROFESSION

1. General Responsibility: The general responsibility of a lawyer is to:
a. Uphold the Rule of Law

b. Maintain a high standard of professional conduct,

c. Promote the course of justice and

d. Not to engage in conducts unbecoming of a Legal practitioner; Rule 1

RPC

Rule 2 RPC A lawyer shall not knowingly admit into the profession anybody
who is unsuitable for admission by reason of his moral character or insufficient
qualification;

RULE 3-Aiding in the unauthorized practice of law; avoid sharing of your

professional fee with a non-lawyer (common in land matters)

RULE 4-Avoidance of Intermediary in the Practice of the Law. A Legal

Practitioner should have a direct communication with the client and avoid the
use of a middle man.

Rule 5-Association for Legal Practice. It made the following prohibitions in

legal practice:
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 a. Do not practice or partnership with a non-lawyer
b. Avoid practicing law as a corporation or company.
c. Where a partner dies, the partnership may continue to use the name unless
it will cause deceit to the public; (August 2019 Q 2B).
d. However, a partner who was elevated to the status of a judicial officer
shall cease from being a partner and the name must be removed from the
partnership. (focus)

RULE 6- Retirement from judicial office (focus): such person cannot practice
as a barrister nor sign any court process
R. 6(2) a lawyer having once held public office or having been in the public
employment shall not after his retirement accept employment in connection with
any matter which he had previously advised on or deal with while in such office
or employment”

RULE 7- A legal practitioner in active practice cannot practice any other

profession or engage actively in business. Being a shareholder in a company is
an exception to this prohibition.

RULE 8-Lawyers in salaried employment cannot be allowed to represent his/her

employers.

RULE 9-Payment of practicing fees (on or before the 31st of March yearly) and
within 1 month of enrolment for new wigs; Failure to do so will rob the legal
practitioner of the right of audience in court; (January 2020 Q 6a)

RULE 10-A legal practitioner must affix his official Seal and Stamp approved
by the Nigerian Bar Association on all processes he is filing before the Court
and all documents prepared by him. Failure to do so will render use process
defective.
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RULE 13-Notification to NBA of law office. Once a lawyer establishes a new
office for the purpose of legal practice, he must (not later than 30 days from
commencement) notify the NBA branch where the office is located. The letter
must state the following:
a. The names and number of lawyers in the firm
b. The date of call to bar of the lawyers and
c. The exact address where the firm is located.

THE LAWYERS DUTIES TO THEIR CLIENTS ARE: (Exam Focus)

1. Dedication and devotion to the cause of a client. See R. 14 of the RPC
(focus)
a. Devotion of attention, energy and expertise.
b. Consult with the client in questions of doubt which do not fall within
his discretion
c. Keep the client informed on the progress of the case.
d. Personally, be present in court or be represented. Rule14(4)
e. Inform the client where he considers his claim or defence to be
hopeless.
NOTE:
Failure to represent client properly may be considered as a misconduct -
R. 14 (5)

2. Representation of clients within the bounds of the law. See R. 15

(FOCUS)
a. Keep strictly within the law notwithstanding any contrary
construction from client. Where the client insists perpetrating
illegality Rule 15(1)(a)
b. Do not give advice to the client that is capable of causing the breach
of the law. Rule 15(2) with particular reference to judicial officers,
litigants and witnesses
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 c. give service of advise to the client which he knows or ought
reasonably to know is capable of causing disloyalty to, or breach of,
the law, or binging disrespect to the holder of a judicial office, or
involving corruption of holders of any public office; Rule 15(3)(a)
Myers v. Elmers (2010)
d. Do not file an action or conduct a defence that is meant to merely
harass. Rule 15(3)(b)
e. Inform the client of the option of alternative dispute resolution
mechanism. Rule 15(3)(d) (focus)
f. Do not create or use perjured or false evidence Rule 15(3)(f) (focus)
g. Do not make a false statement of law or fact Rule 15(3)(g) (focus)
h. participate in the creation or preservation of evidence when he knows
or ought reasonably to know that the evidence is false; Rule 15(3)(h)
(focus)
i. Where a lawyer becomes aware of a fraud perpetrated by his client
he is bound to tell the client to rectify it and where the client refuses
he shall disclose such to the affected person or Tribunal, except
where the information is privileged - R. 15 (4) RPC.

3. Representing client with diligence and competence. See R. 16 RPC;

a. Association with a competent colleague where the lawyer is not
competent. (i.e LP shall not handle a matter he’s not competent to
handle)
b. Do not handle a legal matter without preparation.
c. Do not neglect a legal matter entrusted to him.
Failure to do so, the Lawyer will be liable in negligence. See S. 9 LPA.
Exceptions where a Lawyer will not be liable are:
a. Acts done infacie curiae: Anything done in the Court room/where the
alleged negligence is committed in the course of conducting
proceedings in court . S. 9(3) LPA Rondel v. Worsley (May 2012)
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 b. Cases handled by a Lawyer without collecting his fees. See S. 9(2) LPA

4. Avoidance of conflict of interest. See R. 17 of the RPC (FOCUS)

a. To disclose adverse interest with the subject matter of retainer to the
client R. 17(1)
b. To withdraw from any brief where his personal interest will conflict
or likely conflict with the client’s interest. R. 17(2)
c. Not to take any personal interest in the subject matter of the suit R.
17(3)
d. A lawyer should not accept a brief where the subject matter is likely
to affect the interest of an existing client unless the two parties
consent- R.17 (4) RPC.
e. A lawyer shall not appear as counsel for a client in a matter where he
himself is a party-R. 17 (5) RPC.
f. Not to act against a former client where it will be prejudicial.
Onigbongbo Community v. Minister of Lagos.
NB
The above rules also extend to the lawyer ‘s associates, partners and affiliates.

5. Agreement with client – Rule 18; Client has freedom of choice of legal
practitioner. A Client may terminate his brief to counsel at any time when
he no longer has confidence in him. A client can change his lawyer
whether for good cause or not.

6. Confidentiality of client’s secrets. See R. 19 RPC

Exceptions where clients’ Secrets can be disclosed are: (August 2016 Q
1)
a. The intention of his client to commit a crime and the information
necessary to prevent the crime
b. Where the client consents to such after a full disclosure
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 c. As required by a Court Order or Law
d. Secrets necessary to collect his fees
e. Secrets necessary to defend himself or employees against actions of
wrongful conducts. See R. 19 (3) of the RPC
S. 192 (3) provides that even after the termination of the relationship, the rule still
applies.
S. 193 E.A. provides that the above provisions shall apply to interpreters and the
client of the legal practitioner.

7. Duty not to act as witness for his clients. See R. 20 RPC

A lawyer should not act as a witness on the merits of a matter he is handling
for a client. In such a situation, he should withdraw from the case and allow
another lawyer take over [May 2012 No 4(6) ]
Exceptions where a Lawyer can act as a witness are:
a. The testimony relates solely to an uncounted matter i.e non-
contentious matters
b. It relates to a matter of formality and no evidence in opposition will
be offered
c. Evidence only as to the nature and value of legal services rendered to
a client, and
d. In any other case if refusal will cause hardship. See R. 20 (2) RPC

8. Duty not to withdraw from client’s matter except reasonable notice is

given. See R. 21 RPC (Exam focus not just for Ethics)
Circumstances where the lawyer can withdraw
a) Conflict of interest between lawyer and client.
b) Where the client insists on an unjust or immoral course in the conduct of
his case. (Focus)
c) If he persists in pressing a frivolous case against the Lawyer’s advice.

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 d) If the client deliberately disregards an agreement or obligation to pay fees
or expenses
Duties of Lawyers to Client upon Withdrawing from Suit
a. Give reasonable notice to the client to enable him procure the services of
another lawyer. R. 21(3)
b. Give notice to the court of the withdrawal
c. Refund the fees paid on the matter not earned,

9. Calling at Client’s House for Brief Rule 22 RPC: A lawyer shall only
accept brief at his law office unless there is special circumstance or reason
preventing the client from coming to his law firm.
Exceptions:
a. is sick
b. In custody
c. Extremely old age

10. Dealing with client’s property, Rule 23 RPC:

A lawyer is enjoined not to abuse or take advantage of the confidence
reposed in him for his personal gain or benefit- R. 23 (1) RPC

A lawyer who collects money or manages property for his client should
report and account for it promptly and not mix the clients’ money with his
personal money - R. 23 (2) RPC

POSER
What advice would you give a legal practitioner who paid client money into
his own account. August 2011 No 4(d).
He’s advised to open a client account and withdraw the money from his
personal account including the interest it has yielded. The amount should
be paid into the opened client’s account

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 11. Responsibility For Litigation – Rule 24 RPC
A lawyer has the duty to accept a brief in the court in which the lawyer
practices, subject to payment of proper professional fee otherwise called
the cab-rank rule – Rondell v. Worsley. The rule provides that special
circumstances may justify his refusal, at his discretion to accept a brief
e.g. personal interest, conflicting interest, religious grounds, etc. It is
therefore his duty to undertake defence of a crime regardless of the guilt
of the crime except those of suspicious circumstances e.g. personal
interest, non-payment of fees, etc.

12. Engaging witnesses for clients’ cases and duty to investigate facts. See
R.25 of the RPC

13. CHANGE OF COUNSEL Rule 29 RPC (Exam focus not just for
Ethics)
A client is at liberty to change his counsel at any time. However, upon change of
counsel, the new counsel owes the old counsel some obligation.
After the change the following must be ensured:
a. To give notice of the change to the former lawyer.
b. Ensure that earned fee is paid to the former lawyer and
c. Both lawyers must notify the court of the change either by a letter or by
motion on notice.
The duties of lawyer to client when he changes lawyer is as follows: (focus)
1. All letters written by the lawyer to other persons at the direction of the client
must be handed over to the client;
2. Copies of letters written by the lawyer to other persons at the direction of the
client must be handed over to the client;
3. Drafts and copies made in the course of business should also be handed over.

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LAWYERS DUTIES TO PROFESSIONAL COLLEAGUES
1. Duty of fellowship and fairness among Lawyers. See R. 26 RPC
2. Equality of Members – Rule 26(2) RPC.
Subject to the rules of precedence all members of the Bar are equal. This
principle involves the explanation that no member of the Bar
irrespective of his rank or title shall regard himself as superior or inferior
to any other member of the Bar.
3. Duty to observe all undertaken given to a professional colleague
whether it is in writing or not. See R. 27(2) RPC

4. Duty not to Covet Clients (focus)

Rule 27(4) RPC provides that when a member of the bar is aware that a
person is already represented by another member of the Bar in a
particular matter, he shall not have any dealing with that person in the
same matter without giving prior notice to the other member of the Bar

5. Fairness to other Lawyers, as such not to take undue advantage of

them predicaments of the opposing Lawyer (avoid sharp practice).
See R. 27 (2)( c)
6. Duty to associate in a matter except it is objectionable to any; R. 28
RPC
7. Duty not to communicate with clients or witnesses of another Lawyer
on the case on which he is retained. See R. 27 (5) and R. 17 (4) and (5).
Exceptions where he can communicate with the adverse clients or
witnesses are:
a. The other Lawyer consents
b. Where the other Lawyer fails to reply to letters, and after warning him,
he may write directly to the client
c. To investigate client’s matter by interviewing prospective witnesses but
not to secret the witness under R. 25 oRPC
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 d. To interview witness for the opposing side in a criminal matter without
the consent of the adverse party.

POSER
Where a Client confesses to commission of an offence, instead of making an
opening statement and telling a story inconsistent with the confession of guilt,
what alternative statement or action should the Lawyer present or pursue at the
trial. 2010 No 4(a)(iii)
A confidential disclosure of guilt alone does not require a withdrawal from the
case. The plea of not guilty is a formal plea, a challenge to the prosecution to
prove his case. The accused is presumed innocent until proved guilty and there is
no impropriety in fighting to show that the prosecution’s case has fallen short of
proof. This is different from putting before the court a positive defence known to
be false. Where the prosecuting counsel fails to discharge his duty to prove the
accused guilty beyond reasonable doubt, the defence counsel should not hesitate
in pointing out the lapse. Ahmed V COP; Abele V Tiv NA

LAWYERS’ DUTIES TO THE COURT, STATE AND PROFESSION

DUTY TO THE COURT
1. He is an officer of the Court and to observe the Rule of Law. See R. 30 and
1 of the RPC.
2. Duty of punctuality. A lawyer should be in court at least 30 minutes before
the court sits
REASON – 2018 1b
a. lawyers are expected to wait for judges and not the reverse
b. arriving early will afford the opportunity to meet with client and the
witnesses before the court begins sitting and keep them at ease
c. the lawyer will have the time to help the client and witnesses get
familiar with the courtroom eg witness box
d. the lawyer will have the time to get himself properly composed

23
3. Duty to conduct his case in logical sequence thereby assisting the court to
follow the case with ease.

4. Duty to be fully prepared to go on with his case and not seek unnecessary
adjournment thereby wasting the time of the court.

5. Must attend all sittings of court unless he had obtained leave of court to be
absent. Okonofua v. State.
Where counsel informs court of absence or lateness, he must inform the
counsel to all the parties in the case. Rule 31(5) RPC; Shemfe v. Police
Absence of counsel on date of judgment is not necessarily contempt of
court, however it is disrespectful for counsel to be absent on date of
judgment. Mere discourtesy to court is not necessarily contempt of court
Izuora v. R

6. Must know and maintain the correct decorum in Court - Rule 36 RPC
A Lawyer should rise when addressing or being addressed by the judge.
Rule 36(c)

7. Duty to treat the Court with dignity and honour. R. 31 of the RPC
If he has a proper ground for complaint against a judicial officer, he shall
make the complaint to the appropriate authorities. Rule 31(2) RPC

8. Duty to be candid and fair in dealing with the Courts. Rule 32

He must not knowingly standby and mislead the court

9. Duty to comply with any undertaken given to him by the Court. R. 31(3)
of the RPC; Adewunmi v. Plastex Ltd

24
 10. Duty not to make extra-judicial statement to prejudice or interfere with a
fair trial. See R. 33 of the RPC.
A lawyer should not be involved in:
(a) Undue publication of proceeding of court or
(b) Media discussion on a pending matter
(c) Involvement in any of these may amount to contempt.

11. Duty not to relate with the Judge in order to seek favor from him. See R.
34 of the RPC

12. Duty to observe Court room decorum as follows:

a. Stand when been addressed by the Judge or addressing the Judge.
b. Be properly dressed
c. Not to engage in banter arguments or controversy with the opposing
Lawyer. See R. 36(d) of the RPC

13. To use his robes in appearing before superior Courts except with the
Court’s permission that he can appear unrobed. See R. 45 (1) of the RPC

A Lawyer is not to use the robes in the following cases: (August 2019 Q 1b)
1. In any place other than in Court
2. When conducting his own case
3. When giving evidence in a legal proceeding in Court See R. 45(2) RPC
However, he may use his robes in the following places not been a Court room:
1. Opening of the Legal year or valedictory service
2. Conferment of the rank of SAN
3. Call to Bar ceremony
4. When permitted by the general council of the bar

25
DUTY TO THE PROFESSION
1. Duty to prevent the admission of unfit and unqualified persons into the
Legal profession. See R. 2 of the RPC.
2. Duty not to aid the unauthorized practice of Law as follows:
a. Not to involve persons not qualified to practice the Law
b. Not to share legal fees with non-lawyers
c. Not to allow his professional services or name to be used in aid of an
unauthorized practice. See R. 3(a) (b)(c) of the RPC.
3. Duty not to use a name that suggests that he is practicing as a partnership
if his practice is alone, e.g. Enejo & Co while the Law office is operated as
a sole practitionership.
4. Duty not to associate in a matter if he is not competent to handle it. See R.
16(a) and 28 of the RPC

DUTY OF THE COURTS TO COUNSEL

1. Right of audience. See S. 36(6) (c ) CFRN; Uzodimma v COP
2. Allow Counsel to conduct his case without interference. See Uso v. COP
and Okoduwa v. State
Implications of Non-Compliance with the above Duties are:
It is a professional misconduct. See R. 55 RPC. He may face discipline before the
Legal Practitioners Disciplinary Committee (LPDC). S. 11 LPA. The LPDC may
give directions that his name is
a. struck off the Roll,
b. admonished,
c. suspended
from practice or ordered to refund clients’ properties in his possession.

26
DRESSING SUPERIOR COURT (2018 Q 1a)
For Men, Appearing in Superior Court in any of the following ways
1. black trouser suit, white collarless shirt with winged collar attached by two
studs, or a white winged collar shirt, bib, wig and gown, a black pair of
socks and a pair of black shoes

2. barrister’s stripped trouser and jacket white collarless shirt with collar
attached by two studs, or winged collar shirt, a bib, wig and gown a pair of
black socks and a pair of black shoes. R. 36(a)

For Women
1. black knee length (or below the knee) skirt suit, with white camisole or
blouse or shirt collaret, wig and gown and a pair of clack court shoes
2. black knee length (or below the knee) skirt suit, with white camisole or
blouse or shirt collaret, wig and gown and a pair of black court shoes
3. black knee length (or below the knee) long sleeved dress, collaret, wig and
gown and a pair of black court shoes

NOTE: That it must be long sleeves, high to the neck and at least be knee length.
INFERIOR COURT
• No Wig and Gown
• Counsel can wear any of the above specified cloths.
• In addition, men may wear White shirt and long tie with suit in lieu of wing
collar.

Legal practitioners should not aid and abet corruption specifically by way of
laundering money for clients.

a. Where in the opinion of a legal practitioner, a client’s transaction is

suspicious, the legal practitioner shall extract information from the client

27
 as to the source of such funds and the beneficiary of such fund - Section 6
Money Laundering (Prohibition) Act (MLPA)
b. The legal practitioner shall immediately report any suspicious transaction
of his client to the EFCC. Section 6 (2) (a) & (c) MLPA
c. Failure to report to the EFCC is an offence- Section 6 (9) MLPA
d. Lawyers are to keep the records of clients’ identity for a period of not less
than 5 years after the relationship has ended- Section 7 MLPA
e. A lawyer is bound to transmit the records on demand to the Central Bank
of Nigeria or the National Drug Law Enforcement Agency- S. 8 MLPA
f. The Court ] held in the case of NBA v A G Federation & Central Bank
of Nigeria that section 25 MLPA does not apply to lawyers.

PROFESSIONAL NEGLIGENCE BY LAWYERS

Section 9 (1) LPA provides that a person shall not be immune from liability for
damages attributable to his negligence while acting in his capacity as a legal
practitioner. The tort of negligence is therefore applicable to Legal Practitioners
in Nigeria.
Nature of Professional Negligence
1. LEGAL ADVICE: lawyers are expected to be careful in rendering legal
advice to client. A lawyer may be liable in negligence where he proffers
advice which turns out to be wrong if while acting on the advice something
goes wrong: see Bello Raji v. X. - action statute barred. Searches,
preparation of legal documents and other related transactions require
extreme caution. See Midland Bank Trust Co v. Kemp - where a lawyer
failed to insert an option of purchase granted to a second party.

2. TAKING OUT WRITS IN COURT: Diligence is required to avoid the

case becoming statute barred e.g. Election petitions. NBA v. Akintokun
failed to carry out the instruction on time.

28
 3. HANDLING OF CASES BEFORE A COURT:
A lawyer is exempted from negligence arising from the pursuit of his
professional duties as a barrister or advocate before the court- e.g. failure
to cross-examine a witness- s. 9(3) LPA

CHAPTER FIVE
CHARGING OF PROFESSIONAL FEES
VARIOUS FEES A LEGAL PRACTITIONER CAN CHARGE
TYPES OF FEES

1.SCALE FEE

These are fees charged under Scales I and II Legal Practitioner

(Remuneration for documentation and other land matters) order in non-
contentious matters. Fees here are fixed and can neither be disputed nor
varied by the court.

2.FIXED FEE

This is fee charged for specified class of works, such as writing letters,
writing a will, incorporation of business entities. Fixed fee is charged for
simple non-contentious works and is usually a flat rate. In some firms a
fixed consultation fee is charged separately from the professional charge

3.HOURLY RATE FEE

This is fee charged on hourly rate for the number of hours spent on the
client’s work. The time spent must be commensurate and reasonable to the
work done (used in the USA). Best suited for solicitors. Commonly used in
consultation service

29
4.PERCENTAGE FEE

This is a fee charged based on the value of the transaction, the higher the
value the more the percentage charged and the lower the value the lower
the percentage charged. It is common in property transactions especially
the sale of land.

5.APPEARANCE FEE

This is fee charged for each appearance in court to represent a client. The
distance of the law firm from the court as well as the standing of the legal
practitioner at the Bar often determines the fee charged as appearance fee.
Okonedo Egbaregbemi v. Julius Berger. Common in law firms in rural
areas. The legality of appearance fees has been an issue due to the way
cases are adjourned in Nigeria.

6.CONTINGENT OR SUCCESS–BASED FEE

This is fee charged after the success of the action. The solicitor agrees with
the client on the amount he will be paid based on the amount they actually
recover. Where no such amount is recovered, he may earn nothing. it is
banned under Rule 50(2) RPC for criminal matters. It is only permitted in
civil cases -R. 50(1) RPC

Pro bono means legal services rendered with no professional fees collected but
only cost paid by the client.

RETAINERSHIP: This is the various ways in which a client may engage a legal
practitioner. It may be for a specific legal work (Special Retainer) or for all legal
works (General retainer).

30
 1. SPECIAL RETAINER: This means a Lawyer is engaged on a particular
matter of a client. The implication or effect is that the Lawyer can only
represent adverse clients on other matters not related to the special retainer.
NOTE THAT:
After the special retainer the lawyer can represent other persons against the
client in the retainer unless it relates to the same matter or issues for which
he acted for the client with the special retainer.

2. GENERAL RETAINER: This means the Legal Practitioner represents a

client on all his matters. Usually, he may be paid monthly or annually or
even per work done. The implication is that the Legal Practitioner cannot
represent adverse parties against the interest of his client who is paying the
general retainer; Onigbongbo Community v Minister of Lagos Affairs;
R. 49 RPC.

OVERCHARGING OF PROFESSIONAL FEES

the professional fee charged by a lawyer for his services shall be reasonable and
commensurate with the service rendered R. 48(1) RPC
. legal practitioners are prohibited from entering an agreement for, charge or
collect an illegal or clearly excessive fee R. 48(2) RPC

UNDERCHARGING OF PROFESSIONAL FEES

Legal practitioners should not charge reduced fees to attract more clients R. 52(1)

Options available to a Solicitor in recovering his professional fees - 2010

a. To go to court to recover his professional fees
b. To exercise a lien on the property in his possession, i.e. the client’s money or
documents
c. To obtain a charging order in response of property recover or procured by the
lawyer.
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Procedure for the Recovery of Professional Fees (Exam Focus)
Where a client fails or refuses to pay a legal practitioner’s fee after a legal work,
he is entitled to recover same. The procedure for doing so is as follows:
1. Prepare a Bill of Charges and
2. Serve the signed Bill of charges to the client
3. Wait for a period of one month from the date of service of the Bill
4. If after 1 month the client failed to pay, sue to recover fees in court; See S.
16(2). See also Oyekanmi v. NEPA
The court having jurisdiction is the HIGH COURT. (see August 2019 Q 1f)

BILL OF CHARGES: This is detailed information on the nature of work done

by a legal practitioner for the client with the fees charged for each work done.

CONTENT OF A BILL OF CHARGES (focus)

1. The name and address of the Legal Practitioner (letter headed paper)
2. The name and address of the Client
3. Nature of the brief: Subject matter of the work performed
4. Principal items to be charged
5. Particulars of principal items and cost
6. Method of payment and the information that failure to pay, legal action will
be taken against him.
7. Signature, date and name of the Legal Practitioner; See FBN v. Ndoma-
Egba and Oyekanmi v. NEPA; S. 16(2)(a) LPA
N.B – (focus)
The consequence of a Bill of Charges not containing the particulars is that the Bill
will become incompetent.

32
TAXATION OF BILL OF CHARGES/ HOW TO PROTEST (MCQ)
Where a client is not satisfied with the bill of charges served on him by a legal
practitioner, he may apply within 1 month of receipt of the Bill to the Court for it
to be taxed. It is taxed by the Court. See S. 17 and 19 of the LPA.

Status of a Bill of Charges with Insufficient Particulars

Where a bill of charges does not contain sufficient particulars of the items of work
done, but there are circumstance which make the bill litigable despite the defect,
the Bill of charges may still ground an action for recovery of professional charges;
Bakare v. Okenla, unless it is so defective that it is incurable bad. See FBN v.
Ndoma-Egba

Rights of a Client against a Bill of Charges:

1. Apply for a better particular
2. Raise objection as to the insufficiency of the Bill or
3. Apply for the taxation of the Bill Oyekanmi v. NEPA

FACTORS TO BE CONSIDERED IN CHARGING FEES

1. The time and complexity of the matter
2. Inability to be engaged by others matter
3. The value or importance of the matter to the client.
4. The consistency of the retainer, if a one-off client.
5. Status of the client
6. Status of the lawyer
7. Amount of money involved in the suit or controversy
8. Contingency and certainty of the compensation
9. Novelty and difficulty of the matter
10. Place and circumstance in which the business or a part thereof is to be
conducted; See R. 52 of the RPC

33
 CHAPTER SIX

PRINCIPLES OF DRAFTING

Drafting is communication in a permanent form. Words written must match the

client’s instructions.
Aims of Legal Drafting are:
The aim or essence of every legal drafting is to ensure:
1. Conciseness
2. Comprehensibility
3. Clarity

Fundamental Rules of Legal drafting

Every legal draftsman should ensure that:
1. It is accurate by covering the client’s instructions.
2. It is Complete, precise and clear.
3. It conforms with contemporary
4. Short and simple

Stages of Legal Drafting are:

1. Receiving and Understanding the client’s instructions
2. Analyzing the instruction
3. Designing the draft
4. Composing the draft
5. Scrutinizing the draft

Types of Paragraphing Techniques are:

1. Two layered text which is divided into
a. Introductory statement, and
b. Numbered paragraphs
2. Three layered text which is divided into:
34
 a. Introductory statement
b. Independent paragraphs, and
c. Concluding statement

Draftsman’s Habits to Avoid are:

1. Long and uncommon words
2. Intricate expressions
3. Verbose style
4. Archaic words.
5. Passive sentences

MEANING OF SOME WORDS AND CONSISTENCY IN LANGUAGE

1. Will /shall means obligatory
2. May means it is discretional. See Bamaiyi v. A.G Federation
To avoid ambiguity, a better draft will be ‘…may, in his discretion…’
3. And means it is conjunctive. A better draft to avoid ambiguity is
‘Both…and…’
4. Or means it is disjunctive. A better draft is ‘Either… or…’
5. The use of ‘means’ in definition clause delimits or narrow definition. While
the use of ‘include’ in a definition clause extends the definition.
6. The use of the phrase ‘without affecting the generality of the foregoing’, is
to exclude the application of the ejusdem generis rule.

35
 LETTER WRITING

Note the effect of the following words when inserted in a letter or document
(Exams August 2016, August 2018 Q 2d)
Subject to Contract;
a. when used, parties are not bound by the terms of the negotiation until a
formal contract is entered into and executed. Tejumola & sons v. UBA
b. Use of term would be of no effect where parties have concluded
negotiation. See UBA v Tejumola & sons
Without Prejudice –
a. Makes the document inadmissible in evidence against the maker. Where
tendered they are inadmissible and where admitted the court should strike
it out from the courts record. 196 Evidence Act; Ashibuogu v A.G
Bendel State, Kolo v FBN, Fawehinmi v NBA
NOTE for without prejudice:
Need not be stated in a document, as can be inferred from party’s conducts.
Exception is where the maker expressly waived this right.

TYPES OF LETTERS
Official or formal letters are our concern here. Examples are:
1. Status letters- report of current position of a matter;
2. Confirming /Instruction Letters- reaffirms oral discussion, e.g Oral
instruction. (august 2019, january 2020 )
3. Application Letter.
4. Demand letters-request recipient to perform an obligation it owes the
writer. (January 2020)
5. Letter of adjournment
6. Opinion Letters-this offers legal advice/opinion to a client.
7. Letter of Complaint-e.g Petition , Nuisance
8. Letter of offer/Acceptance-

36
 9. Pre action notices

CONTENT/PARTS OF A LETTER
LETTER HEAD- it contains;
a. the name of the law firm
b. Address of the office
c. Telephone number and fax number (if any) and
d. Other information that the legal practitioner deems necessary.

REFERENCE NUMBER: should be two. i.e Our ref: and Your ref. Useful
for filing and cross referencing.

DATE- Insert if column is on letter headed paper in the order> day, month (in
words) and year, E.g 27th November 2018

WRITERS ADDRESS;
If printed on letter headed paper, no need to write it.
If not, it should be written on the right-hand side of the letter.

ADDRESSEE’S NAME & ADDRESS- this is written at the left-hand side of

the letter

ATTENTION-needed where it is intended that a particular person should

handle the letter. E.g
Attention: Mr Ogheneovo Adebayo, Chief Accountant
For attention of: Mr Ogheneovo Adebayo, Chief Accountant

CONFIDENTIAL-used where the letter is only for the eyes of the person to
whom it is addressed.

37
PERSONAL- used where the letter is sent to the person not in his official
capacity, so as no other person should read it.

SALUTATION-written in two ways

The general form- Dear Sir/Madam, Dear Sir, or Dear Madam.
If there is familiarity between parties, Dear Mr Abc or Dear Mrs Yyy

SUBJECT MATTER/HEADING- captures the subject of the letter

a. Written in sentence capitalization
b. Should be highlighted
c. Should be concise and precise.
d. When it’s a reply to something should be – RE:
Body of Letter: 3 main paragraphs:
Introductory paragraph:
a. We are solicitors to Benchmark Ltd and we have their instruction to write.
b. I have been given instructions by Zenith Bank plc...
c. We write on behalf of Benchmark Ltd (our client) ...
d. We have the instructions of Mr Adebayo (our client).
e. I am writing in response to your advertisement in the Tribute Newspaper

Main paragraph:
Part-brief facts of the matter necessitating the letter and action expected from
recipient.

Concluding paragraph
intended actions of lawyer if expectations are not met.

COMPLIMENTARY CLOSURE- depend on the salutation;

if “Dear Sir/Madam”etc, then “Yours faithfully”
If “Dear Mr/Mrs Xxx then “Yours sincerely” or Yours “truly”
38
SIGNATURE AND NAME OF WRITER-
Writer to sign on top of his/her name. Wrong to sign in the name of a law firm
without the person’s name. see SCC (Nig. Ltd) v Ekenma
When signing on behalf of someone, indicate by adding “for” or “PP” before the
signature.

ENCLOSURE- written ‘ENCL’

list of documents attached to the letter is made under this at the end of the letter.
COPIES-
State names and addresses of other persons to who copies of letter is sent to
Short form is “CC” NOTE “BC”

You May Be Asked To Draft any One Or More of the above Letters (student
are always asked to draft letter in almost every Bar Final)

MEMORANDUM
It is an in-house official correspondence used by a company, institution etc.
GUIDELINES FOR DRAFTING /FORMAT

1. Use Letter Head

2. DATE (date is made)
3. FROM (designation of writer)
4. TO (designation of)
5. SUBJECT (subject matter)
6. BODY OF MEMORANDUM
a) Statement of the problem
b) Discussion on why the problem exists
c) Suggest course of action
d) Conclusion statement

39
 7. Signature/initial, name and designation of the maker
8. List of recipients of the memo.
NOTE
‘CC’ (Courtesy Copy) - to persons to whom the memo may not be directed but
who you want to be aware of the issues, decision, directives, etc being taken

MINUTES
Guidelines For Minutes of Meeting
1. Heading: Proper heading
a. Type of meeting > yearly/monthly
b. Venue of the meeting
c. Date of meeting
d. Time of meeting
2. Attendance at the meeting
a. Present (list of members present)
b. In attendance (list of persons not members who are in attendance at the
meeting)
c. Apologies (list of members that took permission to be absent)
d. Absent (list of members absent without permission)
3. Opening Remarks/Prayers> otherwise known as commencement.
4. Adoption of Agenda
5. Adoption of minutes of last meeting
6. Matters Arising from the minute.
a. Issues discussed
b. Reports
c. Resolutions
7. Issues discussed following the Agenda
a. Discussions on the issues in the agenda
b. Itemized issues discussed & resolutions reached on each.
8.Any other business:
40
 a. Other general issues discussed
b. Resolutions on them.
9.Conclusion
10. Adjournment and closing remark/prayer (if any): this is usually
encompassed under conclusion
11.Signature, names, designation of persons that made the minutes:This is
usually done by the Chairman and Secretary of the meeting.

SHORT FORM OF THE CONTENT – May 2011

Contents of a Minute of Meeting
1. Heading; (Minutes of ... (state nature of, place, date, time);
2. List of those in Attendance;
3. List of those Absent;
4. Opening Remarks/Prayers;
5. Adoption of the Minutes of the last meeting;
6. Deliberations on issues on the agenda;
7. Reports;
8. Resolutions;
9. Any Other Business;
10. Closing Remark/ Adjournment/ Prayer;
11. Signature and names of Chairman and Secretary;

CURRICULUM VITAE
GUIDELINES TO CREATING A CV/RESUME – May 2011
1 Personal Data:
1 Name:
2 Nationality:
3 Contact address>home or permanent.
4 Contact phone nos & email address
2. EDUCATIONAL BACKGROUND:
41
A. Schools/institutions Attended with dates
✓ States the names of the schools attended and
✓ The period of time that they were attended.
B. Educational Qualification obtained with Classes and Dates;
✓ Certificates obtained
✓ Classes obtained in each of them
✓ Dates that they were issued
C. Academic Achievement:
✓ Any award won in the course of educational exploits should be stated
under this.
3. WORK EXPERIENCE ACQUIRED;
A. Previous and present work Experiences;
✓ Name and address of the employer
✓ Job description
✓ Period of employment with the employer
B. Cognate Experience;
✓ Assignment carried out and
✓ Summary of job schedule
C. Areas of specialization (if any)
✓ Any specific area which the applicant is gaining expetise should be stated.
4. ADDITIONAL PROFESSIONAL QUALIFICATION
5. PUBLICATION
6. MEMBERSHIP OF PROFESSIONAL BODIES (IF ANY)
7. LEADERSHIP POSITION HELD
8. HOBBIES.
9. REFEREES
10. SIGNATURE AND DATE.
The applicant should pick out only those that are applicable to him/her.
Check the sample draft page to see some of the above drafts.

42
 CHAPTER SEVEN
LAW OFFICE MANAGEMENT SKILLS
Questions are always coming from this topic in the bar final. Therefore students
are advised to pay attention to those salient areas that will be highlighted.

REASONS FOR SETTING UP A LAW FIRM

Legal practitioners set up law firms for the following reasons:
1. Need for independence
2. Self-esteem (pride of ownership)
3. To make more profit
4. Job creation
5. Lack of paid employment; (to be self-employed)
6. Collection of higher professional fees
7. Realization of ambition or dream.
8. To comply with Rule22 RPC (calling at client’s house)

QUALITIES OF A GOOD LAWYER (Focus)

A good lawyer should possess the following qualities:
1. Honesty
2. Hardworking, determination and commitment
3. Sound knowledge of the law
4. Time management
5. Interpersonal skills
6. Possesses a good communication skill
7. Legal skills
8. Good entrepreneur skills

LEGAL SKILLS REQUIRED BY A LAWYER ARE:

1. Advocacy skills
2. Drafting skills
43
 3. Research skills
4. Management skills
5. Communication Skills
6. Interviewing skills
7. ADR skills
8. Listening skills
9. ICT skill
10. Testimony Analysis skill
11. Cross Examination skill

CLASSIFICATION OF LAW OFFICES

Law offices are classified into 3:
1. Small
2. Medium
3. Large

The factors that determine the classification law offices as stated above
include:
1. Location
2. Status of Clients/ Client-Base
3. Number of Lawyers
4. Status of Lawyer
5. Facilities

SOME OF THESE FACTORS ARE ANALYZED BELOW:

1. Location: Based on location, law offices are classified into:
a. Urban and
b. Rural law office
2. Client-base: Based on economic, social and political influence of the client.

44
 3. Status of the lawyer: Based on the status of a Lawyer, they are classified
into:
a. SAN law office
b. Non- SAN law office
4. Size of the law office. Based on this factor, they are classified into:
a. Small law office: it occupies a room or two with 1- 4 Lawyers
b. Medium law office having between 5 - 9 lawyers
c. Large law office with 10m and above fee earners
5. Facilities based on this they are classified into:
a. Modern law office
b. Traditional law office

TYPES OF LEGAL PRACTICE ARE: (Exam focus; April 2018 Q 1ii,

August 2018 Q 3di, 2019 Q 2b, Jan Q 6c, Dec 2020 Q1a)
1. SOLE PRACTITIONERSHIP. This means there is one legal practitioner
as the owner of the business with only support staff. The only advantage to
this is that he takes the profit and glory of his success alone. However, there
are a lot of disadvantages to this kind of practice e.g. upon his death, the
practice is gone and he also suffers professional isolation.

2. SOLE PROPRIETORSHIP: Here, there is one Legal Practitioner as the

owner employing other legal practitioners and pays them salary. He also
employs support staffers who help in running the firm. Although he is the
ultimate decision maker who takes the full credit of the practice, he does
not suffer professional isolation and there is division of labour.
ADVANTAGES OF SOLE PROPRIETORSHIP- August 2018 Q 3di
1. Quick decision making
2. The sole proprietor takes all the profit
3. Takes credit for the success of the business

45
 3. ASSOCIATESHIP: Here two or more legal practitioners come together to
establish the firm contributing to its establishment and running but they do
not share profits like a partnership does. Each person engage on his or
independent practice having different clients.
One of the obvious disadvantages of this is that there is high rate of jealousy
among the Associates and secondly it may not be easy to keep up with the
Associates goals/contribution.

4. PARTNERSHIP: This is where two or more lawyers pull resources

together to establish and run a law firm and share the profits together: it
has the following advantages/disadvantages:

ADVANTAGES OF PARTNERSHIP (April 2018 Q 1ii, August 2018 Q 3di,

2019 Q 2b, Dec 2020 Q 1b)
i. Sharing of financial responsibility
ii. No professional isolation
iii. High quality decisions
iv. Sharing of profits and losses
v. Room for specialization
vi. Easier to get clients because of professional competence of more people
involved
vii. Easier to raise capital to set up.
viii. Division of labor

DISADVANTAGES OF PARTNERSHIP
i. In law, each partner is an agent of the other partners. Each partner is liable
for the act of another done within the partnership business-United Bank
of Kuwait v. Hammond
ii. Fraudulent act of one partner may taint the reputation of other partners

46
iii. There may be mistrust among the partners which may hamper the success
of the firm
iv. Slow decision making.
v. Disagreement between partners may affect the stability of the partnership

Factors To Be Considered In Finding/ Locating/Siting A Law Office

Premises Are:
1. The location
2. capital
3. clientele
4. Serene and neat environment
5. Availability of electricity

HOW TO FIND THE LAW OFFICE PREMISES ARE BY: (EXAMS)

1. Personal scouting
2. Use of Estate Agents
3. Contact friends and colleagues
4. Placement of Adverts in journals and paper
5. Looking up adverts

SUPPORT STAFF – May 2011

(1) Accountant
(2) Receptionist
(3) Litigation secretary
(4) Librarian
(5) Cleaner

HOW TO GET SUPPORT STAFF (August 2019 Q 1d)

1. Advertising in the Newspapers and lawyers ‘publications;
2. Introduction by existing or former staff;
47
 3. Recommendation by the existing and former staff;
4. Inviting applicants from previous advert;
5. Recommendation by agencies and consultants;
6. By on-line invitation;
7. Leaving call for application in Lawyers ‘room notice board and notice
boards in court.

TYPES OF LAW OFFICE PREMISES ARE: (EXAMS)

1. Purpose built office:
This is a building purposely built for use as office accommodation. It is
often open space requiring to be partitioned by the practitioner according
to his needs.

2. Office in the home:

A law office could be located at home whereby a legal practitioner operates
from his home. Management theorists have warned against locating a law
office in the home this is because the business ambience is distracted from
by the home environment. It is also restrictive of the growth of the law
practice as a business concern

3. Existing building:
this is an existing building that is converted into a law office with or without
modifications. This is because such building is initially designed for
residential use.

DISCIPLINARY AND GRIEVANCE PROCEDURE

1. Verbal warning
2. Formal written warning
3. Final written warning
4. Dismissal from employment for gross misconduct
48
MANAGEMENT OF LAW OFFICE
A law office may be managed by:
1. Management by a committee of partners
2. Management by all the partners
3. Management by a sole partner
4. Management by a sole owner
5. Management by associate
6. Management by an expert

MANAGEMENT FUNCTIONS
1. Planning
2. Organizing
3. Coordinating
4. Controlling
5. Evaluating

TYPE OF PLANNING
1. Short term
2. Medium term
3. Long term

TYPES OF OFFICE EQUIPMENT (August 2018 Q 3dii, Jan 2020 Q 2c)

1. Computers
2. Photocopying machine
3. Printer
4. Dictating Machine
5. Rubber Stamps
6. Calculator
7. Telephones for intercom
49
 8. Projector and projector Screen
9. Paper shredder,
10. Binding machine
11. Label makers
12. Answering Machine
13. Telex Machine
14. Facsimile Machine
15. Desktop computer
16. Scanner
17. Internet enabling devices e.g. router, internet modems etc
18. Camera
19. External hard drive
20. Mobile telephones
21. Laminating machine
22. Finger print identifying door lock

LAW OFFICE SUPPLIES

1. Letterhead
2. Continuation Sheet
3. Compliment Slips
4. Business Cards
5. Invoice books
6. Receipt booklets

TYPES OF LAW OFFICE MACHINES ARE: (MCQ)

1. Vehicle
2. Generator set

LAW OFFICE RECORDS

1. Office manual
50
 2. Staff Register
3. Referral Register
4. Master File Register
5. Visitors’ Book
6. In-coming and Out-going Correspondence Registers
7. In-coming and Out-going Telephone Call Book
8. Equipment and Machine Register
9. Books and Periodicals Register
10. Closed file Register
11. Internal Telephone Directory

Office Manual Contains Office Regulations on Issues Like:

1. Resumption and closing time
2. Overtime work
3. Work leave
4. Confidentiality of clients matters
5. Attendance register
6. Working hours
7. Holidays
8. Confidentiality of work
9. Salary advancement
10. Bonus provision
11. Assignment of staff ETC.

LAW OFFICE LAYOUT (MCQ)

1. Reception room
2. Practitioner’s room
3. Support staff room
4. Library
5. Rest room/toilet
51
 6. Conference room

INFORMATION COMMUNICATION TECHNOLOGY IN LAW

OFFICE MANAGEMENT (April 2018 Q 1iv, August 2018 Q 3diii)
Relevance/ADV of ICT in the Legal Profession (EXAM FOCUS)
1. It saves time (it makes connection for communication with client faster)
2. Saves relative cost of manual activities
3. To store documents storage
4. It is easily assessable
5. It simplifies research process
6. It cuts across all the sections of the profession like case management,
justice delivery, ADR, Legal education etc.

Necessary ICT Facilities Software Programmes are (EXAMS)

1. Computer and accessory used to type and store information on case
management in law offices, Courts etc.
2. Microsoft office word
3. Internet facilities for research and other online programmes
4. Spread sheet to be used to keep accounts and inventories in the Law Office
management
5. Electronic dairy to record future activities or cases to handle for clients
6. Scanners used to duplicate documents
7. Photocopying Machines.

Challenges in the Effective use of ICT Facilities in the Legal Profession are:
(POPUPLARLY ASKED IN EXAM)
1. ICT illiteracy amongst legal practitioners
2. Electricity supply problem
3. High cost of acquiring and maintaining ICT facilities
4. Virus crashing system software programmes etc.
52
 5. cyber-crime/theft

SOLUTIONS TO THE PROBLEMS OF ICT

1. Training of lawyers and support staff in the use of ICT
2. Have a standby generator.
3. Use strong securities, passwords and firewalls to protect your systems and
also back up your files using hard drives.
4. Use of effective anti-virus software.

DISADVANTAGES OF ICT
1. Job loss particularly for middle to low class workers.
2. It increases competitiveness among practitioners across the globe as a
practitioner can function from anywhere in the world which may be unfair
competition for lawyers in emerging economies with no strong national
Institutions.
3. An office privacy and system may get compromised by internet phishing,
malware introduction to office computer systems.
4. The sophisticated phone with critical data and information may have its
signals intercepted or even stolen.
5. The technology keeps changing at very rapid pace making it expensive and
troublesome keeping pace with changing equipment to new ones compatible
with the ever-changing technology.
6. For the I.T. staff, and practitioners, they have to keep in a constant learning
mode as equipment go into obsolescence ever so quickly. This makes job
security for the I.T. staff dicey.

53
 CHAPTER EIGHT

APPOINTMENT AND DISCIPLINE OF JUDICIAL OFFICERS

Meaning of Judicial officers

They are holders of judicial offices that preside over superior Courts of Records.
S. 318 CFRN.
Qualification for Appointment of Judicial Officers (Dec 2020 Q 3bi)
1. High Court Judge: must be at least;
a. 10 years post-call
b. Unquestionable character
c. Cogent experience in legal practice as a Law officer or private legal
practitioner.
The above criteria apply to the National Industrial Court. See section 250(3), 256
(3) and 271(3) CFRN

2. Kadis of the Sharia Court of Appeal

a. 10 years post-call and a qualification in Islamic Law OR
b. a non-Lawyer with 10 years’ experience in Islamic Law. S. 261(3)
(a)(b)
3. Judge of the Customary Court of Appeal
a. 10 years post-call experience in customary Law practice. See S. 266(3)
and 281(3) of the Constitution.
4. Justice of the Court of Appeal
a. 12 years post-call experience. S. 238(3) CFRN
5. Supreme Court: At least 15 years post-call experience. S. 213(3) CFRN

APPOINTMENT OF JUDICIAL OFFICERS

1. Judges of the State High Court: They are appointed by the governor on
the recommendation of the National Judicial Council and if it the Chief
54
 Judge of the State, there will be confirmation by the State House of
Assembly.
2. Judges of the Federal High Court/High Court of the FCT, Abuja: they
are appointed by the President on the recommendation of the NJC and if it
is the Chief Judge then confirmation by the Senate.
3. Justices of the Supreme Court and Court of Appeal: They are appointed
by the President on the recommendation of the NJC. For the President of
the COA, and all the Justices of the Supreme Court, there must be
confirmation by the Senate.

NJC PROCEDURAL GUIDELINE STEPS FOR APPOINTMENT OF

JUDICIAL OFFICERS - focus
1. A request is made to the State Governor by the Chairman of the State
Judicial Service Commission seeking the consent of the Governor to
Appoint a specific number of Judges
2. Copy of the request letter is sent to the secretary of the NJC and the copy
of the governor’s response is also sent
3. Then the Chief Judge of the State will call for nomination of suitable
candidates from judicial officers and applications
4. The candidates will be short-listed and their names will be sent to all
judicial officers and NBA for their consent/ Report on the candidates
5. Candidates will be screened based on the report and successful ones given
NJC Form A to fill
6. The State Judicial Service Commission will sit to recommend some
candidates and send the names to the National Judicial Council (NJC) with
copies of the minutes of the meeting of the (FJSC/SJSC/JSC as the case
may be) an undertaking that the national judicial council guidelines have
been complied with and other necessary documents
7. The NJC will also send the recommended names to the Governor (or
President if it is an appointment in the FCT) for appointment.
55
NB
It is unlikely that a person will be appointed as a judge where he/she has been in
consistent breach of the rules of the professional misconduct. – May 2012

Organs/Bodies Responsible For the Appointment of Judicial Officers

1. State Judicial Service Commission (SJSC)
2. Federal Judicial Service Commission (FJSC)
3. Judicial Service Committee of the FCT
4. National Judicial Council (NJC)
5. President of the Federal Republic of Nigeria
6. The Governor of a State
S. 153 CFRN and Rules 2, 3, 4, 5 & 6 of the Revised National Judicial Council
Guidelines & Procedural Rules.

NATIONAL JUDICIAL COUNCIL

The National Judicial Council is the body responsible for the coordination of all
judicial appointments, discipline and removal in all the superior courts of record
in Nigeria
FUNCTIONS
a) To recommend to the President the removal and discipline of such judicial
officers.
b) To recommend to the Governor of the States person for appointment from
the list submitted by the State Judicial Service Commission.
c) To recommend to the Governor removal of judicial officers and exercise
disciplinary control over them.
d) To collect, control & disburse money, capital or recurrent for the judiciary
& for services of the National Judicial Council.
e) To advise the President and the Governor on any matter pertaining to the
judiciary as may be referred to the Council by the President or the
Governor.
56
 f) To appoint, dismiss and exercise disciplinary control over members & staff
of the Council.
g) To handle broad issues of policy & administration. See the 3rd Schedule,
Part 1, Item 21 of the 1999 CFRN

DISCIPLINE OF JUDICIAL OFFICERS

The disciplinary measures include any of the following:
1. Removal from office
2. Suspension from office
NJC only have the power to suspend a judicial officer and not to remove them. It
could also recommend the removal of a judicial officer.
Grounds for the Removal of Judicial Officers – May 2012
1. Misconduct
2. Contravention of the Code of Conduct for Judicial Offices
3. Inability to perform the functions of his office (Infirmity of the mind or
body)

REMOVAL OF JUDICIAL OFFICERS

1. The President removes Heads of Federal Courts (Chief Justice of Nigeria,
President of the Court of Appeal, Chief judge of the FHC/FCT, Grand Kadi
of Sharia Court of Appeal, President of the Customary Court, etc.) acting
on an address supported by 2/3 majority of the Senate.
In respect to other judicial officers of the Federal Courts, the President
removes them acting on the recommendation of the NJC. See s. 292 CFRN

2. The Governor removes Heads of State Courts (Chief Judge, Grand Kadi
etc.) acting on an address supported by two-third majority of the House
of Assembly.
In respect to other judicial officers in the State, he removes them on the
recommendation of the NJC. section 292 CFRN
57
PROCEDURE FOR THE REMOVAL OF A CJ : May 2012
1. A petition is sent to the National Judicial Council;
2. The Council sets up a panel to investigate the allegation
3. The Chief Judge is given opportunity to respond to the allegation;
4. If the allegation is established, the National Judicial Council recommends
the removal of the CJ to the Governor;
5. Governor should secure the two-third majority of votes of members of the
State House of Assembly before the removal.
S. 271(1) of the 1999 Constitution.

Options Open to a Legal Practitioner against a Judicial Officer

An aggrieved lawyer dissatisfied with the conduct of a judicial officer is
prohibited from attacking the person of the judge. The following options are
available to him:
1. Apply to the judge to disqualify/recuse himself
2. Apply to the Chief Judge to transfer the case to another judge
3. Apply to the NJC by way of complaint for disciplinary action

Procedure for Laying Complaints against a Judicial Officer

1. Write a compliant addressed to the NJC
2. The officer in question will be notified in writing and given time to react to
the allegation.
3. If the allegation is proved, the NJC may:
a. Suspend him or
b. Recommend his removal to the President/ Governor

Organs Responsible for the Removal of Judicial Officers:

They are the same as those responsible for their appointment. That is the NJC,
The President and the Senate or House of Assembly at State level.

58
POSER
Can a Judicial Officer practice as a Lawyer after his removal/retirement from
office? State (if any) the restrictions which a Judicial Officer is subject to while
practicing as a Lawyer. May 2012 No 2(c)
A judge can practise as a lawyer after his removal/retirement from office.
However, he can practise only as a solicitor.
The restrictions are;
(1) He cannot appear in court as an advocate/barrister on behalf of clients;
(2) He cannot sign any court processes on behalf of clients;
(3) He should not accept any brief the subject matter of which he handled as a
judicial officer;
(4) He should not accept any brief the merits of which he advised on while in
office
Rule 6 RPC 2007 and s. 292(2) CFRN

59
 CHAPTER NINE

INTERPRETATIONS OF STATUTES AND DOCUMENTS

(Not an Exam focus area)

The Purpose of Interpretation is to Resolve:

1. Ambiguity ( having more than one meaning)
2. Intricacies
3. Uncertainty
4. Absurdity; and
5. Vagueness
It is the duty of the Courts to interpret and get the true meanings of words used in
documents/ statutes.
Aids in the interpretation of Statutes are divided into two
1. External aids
2. Internal aids

The Internal Aids are:

1. Punctuations
2. Interpretation section of the statute
3. Long title of statute
4. Marginal notes
5. Preambles
6. Provisos
7. Schedules
8. Short tile
9. Definition section

External aids are:

1. Law dictionary
2. English dictionary
60
 3. Other related statutes
4. Official debates of the Legislature
5. Government policy
6. Judicial precedents
7. Interpretation Act

RULES OR CANONS OF INTERPRETATION

1. The Literal Rule: It is the primary rule of interpretation which insists that
words used must be given their literal meaning if they are clear and
unambiguous. The disadvantage of it is that it may result to hardship/
injustice in its application. Awolowo v. Shagari
2. The Golden Rule: It is used when words are ambiguous or its application
literally will cause a repugnant result/ injury. Under this, the Courts will
vary or modify the literal meaning to avoid a repugnant effect. Becks v.
Smith
3. Mischief Rule (the rule in Heydon’s case.): It is used when words are
unclear by considering the history of the intention of the legislature and the
mischief (wrong) it was meant to address in order to give effect to it. The
Courts will interpret the mischief to advance the remedy. Smith v. Hughes
and Savanah Bank v. Ajilo
4. Ejusdem Generis Rule: Here where specific words /things of a class are
followed by general words, the general words must be interpreted in the
class of the listed specific words. See an example 390((3) of the Criminal
Code. Buhari v. Yesufu; Ojukwu v. Obasanjo
Exclusion of the ejusdem generis rule may be done using:
a) ‘Without prejudice to the provisions of section 10 of this
Act…This means that both section 10 and this section are to run
concurrently.

61
 b) ‘Including but not limited to, a judge means…’ This means the
meaning of a judge is not to be limited to the one provided for by
the section.
c) ‘Notwithstanding the provisions of section 10…’ It means section
10 will not affect the current section as it supersedes section 10.
5. Expression uniusest exclusion alterius: This means the express mention
of one thing is the exclusion of all others not mentioned. See A.G Bendel
State v. Aideyan
6. Lex non logit ad impossibilia: This means the Law should not be
interpreted to cause hardship or that the Law does not compel the doing of
impossibilities. Statutes should not be construed to command what is
impossible. See Ohuka v. State
7. Blue Pencil rule (the doctrine of severance): Under this, where a part of
a statute/ contract is void or unenforceable and other provisions are valid,
the Court will allow the parties to severe or delete the unenforceable part.
See A.G Ondo State v. A.G Federation

POSER
What rule of interpretation would you employ as a Judge in the event of a conflict
between a general and specific provision of a Statute? August 2011 No 3(b)(i)
As a judge, the principle that may apply is the one that says that the general
provisions in a statute cannot override special provisions. See Schroeder v.
Major NWLR (Pt. 101)

62
 CHAPTER TEN
CONTEMPT OF COURT
(Exam; April 2019 Q 2a-c, August 2019 Q 6d&e, January 2020 Q2e & 4d)
Contempt of court is any willful act or omission capable of bringing judicial
authority into disrepute or the obstruction of administration of justice or a
disobedience of a court order.

TYPES OF CONTEMPT:
1. Criminal contempt
2. Civil contempt (only disobedience of Court Order/ judgment).

CRIMINAL CONTEMPT
Criminal contempt is any attack on the person of the judge or any obstruction of
the flow of justice or conducts likely to forestall proceedings before the court.
It may include the Following;
1. Calling a judge, a liar
2. frivolous allegations of partiality against the judge
3. Outrageous or scandalous behavior or language which insults the Court
or Judge, and these may be contained in Court processes.
4. Publications in Newspaper attacking a Judge in pending or contemplated
proceedings. See Agbachom v. State, R v. Thomas Jackson; Anieweta
v. State
5. Interrupting court proceedings such interference may be by words or
conduct.

NOTE: Where any of the above may not constitute contempt of Court is when it
is a fair, civil and accurate criticism of a Judge. See Okoduwa v. State

63
PROOF OF CONTEMPT
Proof of criminal contempt is beyond reasonable doubt. - Awobokun v. Adeyemi
A Civil contempt arising from a breach of an order of injunction must nonetheless
be proved beyond all reasonable doubt as in a criminal proceeding. See American
Int. Security & Telecommunications Systems (Nig.) Ltd v. Elugene Peterson
Procedure for Reporting Contempt
Issuance: By the use of Form 48 and Form 49.
Form 48 is a Notice of Consequence of Disobedience to order of court.
Form 49 is a Notice to show cause why the Order of Attachment should not be
met. Form 49 is usually in form of a motion on notice. It is provided under the
1st schedule to Judgement (Enforcement) Rules made pursuant to the Sheriffs and
Civil Procedure Act.

Form of Criminal Contempt:

Every contempt may either committed ex facie curiae (outside the court) or in
facie curiae (in the face of the court).

PROCEDURE for Punishment of Criminal Contempt

It depends on whether the alleged contempt was committed in facie curiae or ex
facie curiae.
Contempt in facie curiae: If the contempt was committed in facie curiae, the
court may punish the contemnor as follows:
1. Try him summarily and sentence him accordingly.
2. Order the contemnor to enter the dock and show cause why he should not
be committed to prison.
3. The Judge may forgive and admonish the contemnor if he purges himself
of the contempt. Ikabala v Ojosipe
4. The judge may report him to the LPDC for disciplinary action.

64
Contempt ex facie curiae: if the act occurred outside the court, the following
steps will be followed to punish the contemnor:
1. The Judge will report to the Attorney General who will arraign the
contemnor before another Court i.e. a High Court.
2. Contemnor can be arrested, charged and arraigned. See Boyo v. A. G Mid-
Western State.
NOTE: in the course of a trial for contempt:
i. The principles of fair hearing as enshrined in the Constitution are to be
observed.
ii. The contemnor is to be put in the dock and not in the witness box;
Agbachom v. State; Dawodu v. State.
iii. The Judge that was personally attacked or before whom the contempt was
committed should not try the contempt; See Awobokun v. Adeyemi

CIVIL CONTEMPT
This is disobedience to Court Order or Judgment. Afe-Babalola v. FEDECO
PROCEDURE FOR CIVIL CONTEMPT: August 2016 No 3, April 2019 No
4
1. File and serve Form 48-Notice of Consequences of Disobedience to Court
Order of the Sherriff and Civil Processes Act as a warning to the contemnor
2. The contemnor is to respond within 2 clear days.
3. Failure of the contemnor to comply, file and serve him Form 49–‘Notice
to Show Cause why an Order of attachment should not be made’
4. If he is still in default to comply or show cause for the disobedience, a bench
warrant will be issued for his arrest.
5. The contemnor is to be kept in prison until he faces trial and bail only
granted by the Court whose order or judgment was disobeyed.

65
PUNISHMENT FOR CONTEMPT
1. Civil contempt is punished with 6 months imprisonment. See
Afebabalola v. FEDECO &Anor.
2. Criminal contempt is punished with a maximum of 3 months
imprisonment. See Okoma v. Udoh
3. Order to be kept in prison until he purges himself of the contempt. See
Ikabala v. Ojosipe
4. Fines
5. Ordered to enter into security bond to be of good behavior.

POSER
Can a person in a summary trial for contempt in facie curiae, plead nemojudexin
causa sua? Give reasons for your answer. May 2012 No 4(4)
No contempt is an exception to the rule of ‘nemo judex’

What principal of law can a Counsel insist on where a Judge tries him for
Contempt allegedly committed against the same Judge? May 2012 No 4(5)
Counsel can insist on the principle of fair hearing

66
 CHAPTER ELEVEN
LEGAL PRACTITIONERS ACCOUNT RULES 1964
ACCOUNT TO BE KEPT BY A LEGAL PRACTITIONER
Every legal practitioner is expected to keep some accounts. These accounts
are: (April 2018 Q 4b, August 2018 Q 3a, January 2020 Q 2b) just list
1. Client’s account
2. Trust account
3. Personal, individual or partnership Account

SOURCES OF CLIENT’S MONEY

1. Conveyancing work
2. Agency work
3. Executorship and trust
4. Fees on account
5. Investment management

CLIENTS’ ACCOUNTS
The general rule is that all clients’ money are to be paid into clients account
immediately and without delay. See R. 3 and 6 of the Legal Practitioners
Account Rules 1964 (LPAR).

Circumstances Where a Lawyer may withdraw from Clients’ Account:

1. To make payments on behalf of clients
2. To reimburse the Legal practitioner on the client’s instruction
3. To carry out client’s instruction
4. To pay solicitor’s costs. See R.7 (a) of LPAR (See Dec 2020 Q 6d)

NOTE: the money should be withdrawn:

1. By a cheque drawn in favour of the legal practitioner or persons approved
by the client.
67
 2. A transfer to a Bank account in the name of the legal practitioner not being
a client account. See R. 8(1) of the LPAR

Circumstances when Client’s Money May not be paid into Clients Account
are: (December 2020 re-sit Q 6e)
1. Trust money
2. A nominal sum belonging to the legal practitioner that is required for – the
opening or maintaining the account.
3. Money which is required to be split as between the clients and trust
accounts or between other accounts
4. Money which was inadvertently or accidentally withdrawn from the
account

5. Where a client expressly says so

6. The legal practitioner is reimbursed by the client
7. Money received is for the cost of work done
8. Cheque or draft is endorsed to a client or a third party
See R. 9(1) & (2) of LPAR

The Money Allowed to be paid into Trust Account is:

1. Trust money
2. Money subject to the particular trust of which the legal practitioner is
solicitor trustee
3. Money used to open or maintain the account
4. Money to replace what was withdrawn; See R. 2 of LPAR

INSPECTION AND ENFORCEMENT OF ACCOUNT RULES

It is enforced by the General Council of the Bar. See R. 21 of LPAR
The Bar Council is to call for the legal practitioner’s book of account:
1. On its own

68
 2. On a written statement sent by a branch of NBA
3. On a written complaint by a third party. R. 22 of LPAR
Books to be inspected by the Bar Council are:
1. Books of account
2. Vouchers
3. Statements of account
4. Loose leaf bank statement
It is inspected by either an accountant employed by the Council or Lawyer.

Penalties for Failure to Keep the Account:

1. It will form a ground for inspection by the Bar Council
2. The legal practitioner will not be conferred the rank of SAN
3. He may be reported to LPDC for misappropriation of client’s money.

BOOKS OF ACCOUNTS to be kept by a Legal Practitioner are: (Exam

point August 2018 Q3)
1. Cash book account
2. Ledger Account
3. Journal
4. Record of bills of cost and notices

A. CASH BOOK
It is the record of the day-to-day income and expenditure of the legal practitioner.
It is usually divided into 4 columns. The 4 columns comprises of
1. the date,
2. particulars,
3. debit and
4. credit.

69
Rules of Entry in Cash Book:
In the ledger account;
a. All monies spent is recorded on the Credit Column (CR)
b. all money received is recorded on the Debit Column (DR)

See Sample Cashbook: (Students are always asked in all Ethics Exam to prepare
Cashbook or Ledger)
AHMED YISA’S CASH BOOK ACCOUNT
Date Particulars Debit (DR Credit (CR)
$ $
2/11/2010 Capital 2,000,000
5/11/2010 Capital 450,000
5/11/2010 Capital 500,000
17/11/2010 Rent 500,000
17/11/2010 Books 150,000
“ Furniture 750,000
“ client account 200,000
opened
“ Personal 200,000
account opened
“ Car purchase 900,000
30/11/2010 Balance C/D 2,950,000 2,700,000
Balance B/D 250,000
2,950,000

In the exam, the scenario will give you the information you will use.
The most important rule in the treatment of the cashbook is that all receipts must
be debited and all expenses or outgoings must be credited

70
LEDGER ACCOUNT
It classifies the transaction in the cash book account e.g., rent, office equipment,
books, etc. it entails entry of like terms in a separate to be deduced from the
entries in the cash book.

Rules of Entry in Ledger Account:

In the ledger account;
c. All monies spent is recorded on the Debit column (DR)
d. While all money received is recorded on the Credit (CR)

SAMPLE OF LEDGER ACCOUNT

Capital Account ledger

Date Particulars Dr. Cr.
2/11/2010 Cash 2,000,000
5/11/2010 Cash 450,000
5/11/2010 Cash 500,000
Bal B/D 2,950,000

Rent Account ledger

Date Particulars Dr. Cr.
17/11/2010 Cash 500,000

Books Account Ledger

Date Particulars Dr. Cr.
17/11/2010 Cash 150,000

71
Furniture Account ledger
Date Particulars Dr. Cr.
17/11/2010 Cash 750,000

Client Account ledger

Date Particulars Dr. Cr.
17/11/2010 Cash 200,000

Personal account ledger

Date Particulars Dr. Cr.
17/11/2010 Cash 200,000

Car ledger account

Date Particulars Dr. Cr.
17/11/2010 Cash 900,000

72
 CHAPTER TWELVE
THE RIGHTS AND PRIVILEGES OF LAWYERS IN NIGERIA AND
THE LIMITATIONS

RIGHTS AND PRIVILEGES OF LAWYERS

Legal practitioners in Nigeria enjoy some exclusive rights and privileges. Some
these rights include: (April 2018 Q3, Dec 2020 Q 3aiii)

1. Right of Audience in Court and preparation of documents relating to

proceedings in Court. See S. 36(6) (c) of the CFRN and S. 22 LPA.
(January 2020 Q6)
Exceptions where the right of audience will not avail a Lawyer are as follows:
a. None fulfillment of the requirements of the Law e.g. immigration Laws
b. A legal practitioner convicted of an offence. See S. 11 of the LPA.
c. Non-payment of practicing fee. See S. 8(2) of the LPA; R. 9 RPC
d. When he intends to appear for a party in a case in which himself is a
party. See R. 17(5) and 45(2) (b) & (c) of the RPC, Fawehinmi v. NBA

2. Right to conveyancing matters: Preparation of instrument of transfer of

interest in Land. See S. 2 & 4 of the Land Instrument Registration Law and
S. 22(d) of the LPA.

3. Preparation of documents for probate and letters of Administration. S.

22(b) LPA.

4. Right of Appointment as Judge of Superior Court: with the exception

of the customary court of appeal. See Section 266(3)(b) and 261 (3)(b)
CFRN

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 5. Appointment as Attorney-General of the Federation and States. S.150 &
195 CFRN

6. Right to be Appointed as a Notary Public S. 2 Notary Public Act

Restrictions or Limitations on the Right of a Legal Practitioner to Practice

Law are: (Dec 2020 Q 3aiv)
1. Non-payment of practicing fees. It is to be paid before the 31 day of March
of any year while new Lawyers called to the Bar are to pay within a month
of enrollment. See S. 8 (2) LPA, R. 9 RPC
Schedule of fees
1) SAN & Benchers-----N50,000
2) 15 Years and above-----N25,000
3) 10 -14Years------N17,500
4) 5 - 9Years---------N10,000
5) 1- 4Years---------N5,000
Exemption from payment
The Attorney General, Solicitor General, Director of Public Prosecution and
Officers in the Civil Service as the Attorney General has by order specified to be
entitled to practice as Barrister and Solicitor for the purpose of their offices
(lawyers in the Ministry of Justice) S. 7(a) LPA Decree 21 of 1994.
Note that the exemption relates to right of audience and does not extend to signing
of legal documents including pleadings.
NOTE: It is the Federal Attorney-General that fixes the practicing fees in
consultation with the NBA. See S. 8(2) of the LPA

2. A lawyer in a salaried employment cannot appear as advocate in Court

except he is employed as a legal officer in a Government Department, e.g.
State Counsels. R. 8 of the RPC
74
NOTE-
a legal practitioner who is a Director of any Company is disqualified from
representing such Company as an advocate – immaterial that it is pro bono - R.
8(3) RPC.

3. Notification of legal practice; Rule 13 RPC

The legal practitioner shall, not later than 30 days after the commencement
of such practice deliver to the Branch of the NBA in the jurisdiction a Notice
in the prescribed form stating:
1) Name of the Legal Practitioner:
2) Address of the Law Office:
3) Date of call of the Legal Practitioner:
4) Date of entry of his name in the Roll of Legal Practitioner in Nigeria

4. Use of wig and gown (a legal practitioner shall not appear before a superior
court of record without being robbed).

5. Senior Advocates of Nigeria. They can only practice as BARRISTERS

except they are in partnership with a Lawyer who is not a SAN that they
can practice also as Solicitors. See S. 5(8) of the LPA.
They cannot appear before any superior Court alone in a CIVIL matter
EXCEPT with a junior or another SAN. See R. 2 (1) of the Senior Advocate
of Nigeria (Privileges and Functions) Rules 1979.

6. Engagement in business. A Lawyer shall not to engage in the sale or

purchase of commodities personally or as a commissioned agent. See R.
7(2) (a) of the RPC.

75
Exceptions to the above rule are that he can be involved in the following:
1. Being a member of a Board of directors of a company, but not an executive
Director or one which involves administrative or clerical functions.
2. Act as Secretary of a Board or the general meeting of a company.
3. Be a shareholder of a company.

7. Retired Judicial Officers.

a) He cannot appear in court as an advocate/barrister in court S.292 (2)
CFRN, Rule 6(3) RPC, Atake v. Afejuku
b) He cannot sign any court processes in court Rule 6(4)
c) He should not take employment as an advocate upon the merits of which
he previously handled in a judicial capacity , NBA v. Fawehinmi. Oyewole
v. Asa
d) Should not preside over a case in which he had previously served as counsel
or rendered legal advice unless he had fully disclosed this to the parties.
Olve v. Enenwali.
Section 318 CFRN defines a judicial officer, and magistrates are not included.
NOTE
A judicial officer who has retired may continue to use the word Justice as part of
his name. Rule 6(5) of the RPC

8. Lawyer is also restricted from acting as a witness in a case R.20 (1) RPC

9. Stamp and Seal:

A lawyer shall not sign or file any legal document unless there is affixed
on it a seal and stamp approved by the NBA.
In default thereof, the document is deemed not to have been properly signed
or filed. Rule 10 APC v. General Bello Sarki Yaki
A legal document signed and filed without the NBA stamp and seal as
required by Rule 10 is not proper in law. It renders it irregular or voidable.
76
 The document will become valid when counsel affixes the stamp and seal
and where it is not regularized it is void.
If such legal document is an originating process, the entire action will be
liable to be struck out. Wayo v Nduul

ORDER OF PRECEDENCE IN COURT (August 2018 Q 1, 2019 Q 1,

January 2020 Q3)
1. The Attorney-General of the Federation
2. The Attorney-General of the States in their States;
3. Life members of the Body of Benchers see S. 6(3) of the LPA.
4. Senior Advocates of Nigeria in order of seniority
5. Those entitled to practice by virtue of their offices (Law officers) (S.2(3)(b)
LPA)
6. Those entitled to practice generally in order of their seniority (i.e. those
whose names are on the roll in order of seniority)
7. Those entitled to practice by warrant

Those who can call their cases for mention out of turn but subject to the
Courts’ discretion are:
1. The Attorney-General of the Federation
2. The Attorney-General of the States
3. Solicitor-General of the Federation
4. Life members of the Body of Benchers see S. 6(3) of the LPA.
5. Senior Advocates of Nigeria in order of seniority
6. Those entitled to practice by virtue of their offices( Law officers)

Those entitled to sit at the INNER BAR in the Courts are: (Jan 2020 Q3c)
1. The Attorney-General of the Federation
2. The Attorney-General of the States
3. Solicitor-General of the Federation
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 4. Life members of the Body of Benchers see S. 6(3) of the LPA.
5. Senior Advocates of Nigeria; S. 5(a) of the LPA and the 1st Schedule to the
Act

CHAPTER THIRTEEN
ADVERTISING AND SOLICITING
The General Rule is that a Lawyer can advertise or promote his legal practice
provided: R 39(1) RPC
1. It is fair and proper in the circumstances; and
2. It complies with the provisions of the Rules of Professional Conduct;
OTHER PERMITTED FORMS OF ADVERTISEMENT
1. publishing of legal practitioner’s brief biographical or informative data in
a reputable law directory Rule 39(4) OF RPC

2. printing of legal practitioner’s informative data on his office notepapers,

envelopes and visitor’s cards – Rule 40

3. Signs and notices. Rule 41:

Any Sign or Notice displayed as to his legal practice must only:
a) Contain his name and professional qualification
b) Not be too large (big Sign Board) but should be of reasonable size, and
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 c) Be of sober design not too brightly colored

4. adding legal practitioner’s professional qualification on any book or article

which he has written for publication. – Rule 42

5. inserting legal practitioner’s change of address, telephone number or any

other circumstance relating to his practice in a newspaper or journal. –R 43

6. A publishing in a local journal, a brief and dignified announcement of his

availability to partner with other lawyers in rendering legal service for a
particular or general branch of law (associate & consultant). Rule 44

7. participating in radio or television programme in order to give information

on law to the public – Rule 46
NB
He shall not accept employment from any such publication or programme
to advice on inquiries in respect of the people’s individual rights- Rule 46
of RPC

8. writing articles for publications in a journal or book Rule 46(1)

A Lawyer is however prohibited from advertising if : (Dec 2020 Q 1d), R

39(2) (a-e)
a. If the advertisement is likely to mislead the public or contains inaccurate
statement.
b. Such advertisement is likely to diminish public confidence in the legal
profession or the administration of justice.
c. Where the advertisement seeks to compare the lawyer’s practice with that of
his colleagues, other professionals or professionals. Allinson v. General
Council of Medical Education & Registration
79
 d. If it contains a statement about the quality of the lawyer’s work, the size of
his practice or the success rate of his practice.
e. Where it is so frequent or obstructive as to cause annoyance to the
members of the public;
f. Where it brings the legal profession into disrepute. 39(2) (b)

OTHER UNACCEPTABLE MODES – Rule 46(2)

a. publishes (except in a legal periodical) the particulars of his practice in court
or earnings in respect of a case which is on- going.
b. advertisement in newspapers, periodicals or any publication where a lawyer
offers himself to undertake confidential enquiries.
c. sends his photograph to the press for publication

NB (Focus)
Any information contained on the website of a Law firm which states the quality
of the work of the Law firm, its size, success or success rate or is self-aggrandizing
is a breach of Rule 39(2) (d) RPC.

SOLICITING FOR PROFESSIONAL EMPLOYMENT

Soliciting refers to any statement or conduct by a lawyer which is calculated to
lure a particular person or group of persons to give a brief to the lawyer. Soliciting
involves directly or indirectly seeking for employment by a lawyer.
Touting is the conscious engagement of a third party (agent) to secure briefs for
a lawyer Rule 4

39(3) RPC Prohibits a Lawyer From Touting and Soliciting Either Directly
or Indirectly in The Following Instances:
1. Pasting circulars, handbills and advertisement through touts or by personal
communication or interview

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 2. Furnishing, permitting or inspiring Newspaper Radio or TV comments in
relation to his Law practice
3. Procuring his photograph to be published in connection with matters he has
handled or the manner of their conduct
4. Permitting sound recording in relation to his practice of Law.
5. Similar self-aggrandizement.
POSER
Write a Reflective opinion on the topic “In reality there is no difference between
advertisement and solicitation by the Lawyer under the RPC” 2010 No 3(d)
Advertisement involves furnishing, permitting or inspiring newspaper, radio or
television comments in relation to the lawyer’s practice, making statements about
the quality of the lawyer’s work, the size of success of his practice or his success
rate, comparison with or criticism of other lawyers, or professionals or statements
likely to diminish public confidence in the legal profession, administration of
justice or bring the legal profession into disrepute.
Soliciting involves soliciting employment directly or indirectly by circulars,
handbills, or through touts or by personal communication or interview.

INSTIGATION OF CONTROVERSY OR LITIGATION:

The general rule is that a Lawyer should not ferment strife or instigate litigation
without being consulted, he shall proffer advice or bring a law suit. See R. 47
RPC.
An EXCEPTION to this rule is in the case of close relations or of a trust where
he is the trustee, then he can take up a case even without being consulted. R. 47(1).
A Lawyer should not do any of the following amounting to instigation of
controversy or litigation with a view of been engaged as Lawyer in respect of the
matters instigated: R. 47 (2) of the RPC.
1. Search the Lands Registry or other Registries for defects
2. Seek out Claimants in respect of personal injuries or any other cause of
action.
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 3. Aid or encourage an agent or any person to follow up on accidents,
4. Agree to offer or offer rewards to any person who by his
position/employment is likely to influence legal work in his favour.

TRIAL PUBLICITY OR THE SUB JUDICE RULE (AUGUST 2017)

The general rule is that a Lawyer or a Law Firm engaged in or associated with the
prosecution or defence of any trial anticipated or pending in a Court shall not
make any statement or participate in making extra judicial statement calculated to
prejudice or interfere with the fair trial of a matter/judgment or sentence. R. 33 of
the RPC.

CORRUPTION IN THE NIGERIAN LEGAL SYSTEM.

Identified aspects of the legal system affected by corruption
include:
1. Court officials for example Court bailiffs some of whom seek what they term
as ‘mobilization fee’ or ‘facilitation’ before they effect service of court
processes which have already been assessed and paid for by counsel or the
litigants into official coffers and have been issued with receipts. These
assessment and payments include payments for mileage or transportation for
which such court bailiffs seek.

2. Judicial Officers and Judges of inferior courts of records have in some cases
been alleged to have involved themselves in corruption which includes but not
limited to the taking of bribes.

3. External Pressure on judges by relatives and other members of the public.

4. Police Officers brazenly demanding for bribes before granting administrative
bail at Police Stations. See the dictum of Elias CJN in Ajao v Ashiru where
His Lordship admonished the Police against been used as agents for vendetta.

82
5. D.P.P Advice – Some lawyers seek to influence the D.P.P’s advice by
pressuring officials of the Ministry of Justice to give “ A no case to answer”
advice or charging their client with an offence of a lesser magnitude.

Suggested ways by which lawyers could make the legal system free from
corruption include but is not limited to abiding by the ethics, values and mores of
the legal profession and strictly observing the RPC in the Legal Profession.

83
 CHAPTER FOURTEEN

REGULATORY BODIES OF THE LEGAL PROFESSION IN NIGERIA

The bodies most of which are a creation of Statute are:

1. The General Council of the Bar
2. The Nigerian Bar Association (not a statutory creation)
3. Council of Legal Education
4. The Body of Benchers
5. Legal Practitioners Privileges Committee
6. Legal Practitioners Remuneration Committee
7. Legal Practitioners Disciplinary Committee
8. The body of Senior Advocates of Nigeria

(A) The Council of Legal Education (Exam April 2018 Q3b)

It was established by section 1(1) of the Legal Education (Consolidation, Etc.)
Act LFN Cap L11 2004.
The Functions of the Council include the following:
1. Training of aspirants to the Bar. See S. 1(2) of the Legal Education
(Consolidation, Etc.) Act.
2. To organize continuing Legal education for Legal practitioners. See S.
3 of the Legal Education (Consolidation, Etc.) Act.
3. Incidental matters arising from its functions. See S. 2(5) of the Legal
Education (Consolidation, Etc.) Act.
4. The prescription of the qualifications to be admitted into the Nigerian
Law School. Thus, the Council can refuse an aspirant admission into
the School. See Okonjo v. Council of Legal Education.

Composition of the Council – 8 members

The Council shall consist of—
1. Chairman is appointed by President on the recommendation of AGF
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 2. State Attorney General of each state but in his absence the State Solicitor
General.
3. Representative of Federal Ministry of Justice appointed by the AGF
4. Deans of faculties of law recognized institution whose legal studies is
approved by the council. (Deals with accreditation).
5. The NBA President
6. 15 Legal Practitioner in Nigeria of not less than 10 years post call selected
by NBA.
7. The DG, Nigerian Law School
8. 2 authors of published learned works in the field of law appointed by the
Attorney General of the Federation.
See S. 2 (1) of the Legal Education (Consolidation, Etc.) Act.

A person appointed as chairman of the Council shall, or a person appointed a

member of the Council by the Attorney-General of the Federation shall, unless he
previously resigns or is removed from office, hold office for four years and shall
on ceasing to hold office be eligible for re-appointment. See S. 2 (2) of the Legal
Education (Consolidation, Etc.) Act.

The quorum of the Council shall be 10 and the Council may regulate its own
procedure; and the validity of any proceedings of the Council shall not be affected
by any defect in the appointment of any member, or by reason that a person not
entitled to do so took part in the proceedings. S. 2 (4) of the Legal Education
(Consolidation, Etc.) Act.

(B) THE BODY OF BENCHERS

established under S. 3(1) LPA.
QUORUM: 10

85
 Functions of the Body of Benchers
1. Formal call to the Bar of persons seeking to become legal
practitioners.
2. Prescription of call fees
3. Regulation of 3 dinning terms for aspirants to the Bar
4. Sponsorship of aspirants for call
5. It issues Certificate of Call to the Bar (S. 4(4)LPA)
6. General control of the affairs of the Nigerian Bar Association (NBA)
7. Discipline of aspirants to the Bar and of legal practitioners
8. Appointment of the Caretaker Committee of the NBA.
S. 4(3) of the LPA
Note that its function of the general control of the affairs of the NBA conflicts
with that of the Bar Council in section 1 of the LPA.

COMPOSITION OF THE BODY OF BENCHERS (Exam Focus)

It is a body corporate with perpetual succession and which shall consist of the
following members, that is—
1. The Chief Justice of Nigeria and all justices of Supreme Court
2. President and presiding justices of Court of Appeal Division
3. Attorney General of Federation and Attorney General of the State.
4. Chief Judges of FHC, NIC, FCT and all states
5. NBA President
6. Chairman of Council of Legal Education
7. 30 Legal Practitioners nominated by the NBA out of which not more than
10 must not be less than 15 years post call and must appear to the Body
of Benchers to be eminent members of the Legal Profession in Nigeria.
Except as may be provided by regulations made by the Body of Benchers pursuant
to s. 3 (5) of the LPA, the quorum of the Benchers shall be 10 and the validity
of any proceedings of the Benchers shall not be affected by any vacancy in the
membership of the Benchers or by any defect in the appointment of a member or
86
by any irregularity in the proceedings of any of their meetings. S. 3(8) & (9) of
the LPA.

PRIVILEGES OF THE BODY OF BENCHERS

The rights and privileges conferred on the law officers’ section 6 (1) of the LPA
shall also be accorded to only Life Members of the Body of Benchers which
include the following:
1. Exclusive right to sit at the inner bar or front row of the Courts
2. Right to mention any cause or matter which is on the cause list for mention
and not otherwise listed for hearing out of turn. S. 6 (3) of the LPA.
Types of Benchers
1. Life benchers
2. Bencher by virtue of office
3. Honorary Benchers
4. Supernumerary Bencher

(C) The Nigerian Bar Association (NBA)

1. It is not a body created by statute but is recognized by Law. S. 8(2) of the
LPA and S. 52 of the Legal Education Act.
2. Its membership consists of all Lawyers.
3. It was registered on the 8 April 1983; Fawehinmi v. NBA.

Functions of the NBA (Dec 2020 Q 3ai)

1. Maintenance of the independence of the Bar
2. Defense of the Bar in its relation with the judiciary and the executive.
3. Discipline of Lawyers
4. Promotion of good relations among its members
5. Promotion of legal education and Law reform

87
(D) General Council of the Bar
It is established by section 1 of the LPA
Functions of the Bar Council
1. Making the rules of accounts to be kept by legal practitioners. S. 20(1)
LPA.
2. Making and revising the rules of professional conduct for legal
practitioners. See S. 1 of the LPA.

Composition of the Bar Council: S. 1(2) of the LPA.

1. The AGF, who shall be the president/chairman of the Council;
2. the Attorneys-General of the States; and
3. 20 members of the Nigerian Bar Association at least 7 of whom shall not
be 10 years standing at the bar

The quorum of the Bar Council shall be 8, and the Council may make standing
orders regulating the procedure of the Council and, subject to the provisions of
any such orders, may regulate its own proceedings; and no proceedings of the
Council shall be invalidated by any vacancy in the membership of the Council, or
by the fact that any person took part in the proceedings who was not entitled to do
so. S. 1(4) of the LPA.

(E) Legal Practitioners’ Disciplinary Committee

This committee is established and charged with the duty of considering and
determining any case where it is alleged that a person whose name is on the roll
has misbehaved in his capacity as a legal practitioner or should for any other
reason be the subject of proceedings under the Legal Practitioners Act. See S.
10(1) of the LPA. Now S 8 & 11 of the Legal Practitioners Amendment Decree

88
The Disciplinary Committee shall consist of— S. 11(2) LPA
1. The chairman who shall not be CJN or Justice of Supreme Court.
2. 2 justices of Court of Appeal, one of whom shall be the President of Court
of Appeal
3. 2 Chief Judges
4. Two AG (AGF and state or Two AGS).
5. 4 members of the NBA who are not connected with either the investigation
of a complaint or the decision by the association to present a complaint
against a legal practitioner for determination by the disciplinary committee.

Functions of the LPDC

1. Receipt, consideration and determination of complaint against legal
practitioners in connection with the practice of law;
2. Prescription of punishment
Appeals from the decisions of the Committee lie directly to the Supreme Court by
virtue of section 12 (7) of the LPA as amended.

(F) LEGAL PRACTITIONERS’ PRIVILEGES COMMITTEE

It is established by S. 5 (3) of the LPA
FUNCTIONS OF THE COMMITTEE
1) Conferment and withdrawal of the rank of Senior Advocate of Nigeria
2) It may also in conjunction with the Body of Benchers make Rules relating
to the obligations and privileges to be conferred on Senior Advocates of
Nigeria.
Composition of the Legal Practitioners Privileges Committee
The Committee shall consist of the following—
1. the Chief Justice who shall be chairman;
2. the Attorney-General of the Federation;
3. 1 Justice of the Supreme Court;
4. the President of the Court of Appeal;

89
 5. five of the Chief Judges of the States;
6. 5 Senior Advocates of Nigeria.

Qualifications for the Conferment of the title of a Senior Advocate of Nigeria

They include the following: (see August 2018 Q3, Dec 2020 Q 1c)
2018 GUIDELINES SET OUT BY THE LPPC for applicants to the rank of
SAN.
1. 10 years post call
2. Good character and no pending disciplinary case
3. Payment of non-refundable processing fee of N600,000 for each
application upon submission and processing conferment fee of N200,000.
4. He/she should have conducted
a) At least 4 of the cases should be from the Supreme Court or
b) 3 cases conducted by the applicant from the High Court to
Supreme Court,
c) 5 cases from the Court of Appeal and
d) 20 cases should have been decided by the High Court or Superior
Court of Records.
5. Evidence of pro bono cases
6. The applicant must furnish names of 6 legal practitioners who led him/her
or against whom he appeared in contested cases.
7. The applicant must furnish names of 10 judges of superior courts before
whom they appeared.

PHYSICAL INSPECTION OF THE LAW OFFICE

a) Physical inspection of applicant’s law offices shall also be carried out by
the committee to ensure that it meets the desired standard.
b) Size and quality of the library
c) Quality of office space and other facilities available
d) Number of junior counsel or partners in chambers
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 e) Number and quality of support staff
f) Maintenance of proper books of accounts.

Privileges of Senior Advocates of Nigeria; August 2019 Q2b

1. Sitting at the inner Bar of Courts
2. Right to mention a motion or a cause for mention out of turn
3. To be robbed in a silk gown

Restriction on Senior Advocates of Nigeria

1. SANs are not to settle documents less than N400.00
2. Not appear before inferior Courts. See ECWA V. IJESHA where the
Court held that it is only a rule observed by them but will be inconsistent
with the Constitution granting a Lawyer the right to represent clients in
Court.
3. SANs cannot appear alone in civil cases except with a junior or a fellow
SAN. Note that this restriction does not apply in criminal cases as he can
appear alone.

LEGAL PRACTITIONERS RENUMERATION COMMITTEE

Established under S. 15 of LPA. QUORUM: 3
Membership includes: 3
(a) Attorney General of Federation (Chairman)
(b) Attorney General of State
(c) NBA President
(d) 3 other Legal practitioners

FUNCTION
To make orders regulating charges of Legal Practitioner and the following:
a. The maximum charges which may be made in respect of any transaction
b. Ascertaining appropriate charges for any transaction etc.
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 c. Regulating agreements between legal practitioners and their clients with
respect to charges.
National Judicial Council
Established under Section 153(1) CFRN
Membership Includes: 10

Paras 20 and 21 of Part I of the 3rd Schedule to the CFRN.

1. CJN (Chairman)
2. The next most senior justice of the supreme court
3. President of the court appeal
4. 5 retired justices of supreme court or court of appeal appointed by CJN.
5. Chief Judge of the FHC
6. 5 Chief judges of States/FCT appointed by CJN for two years.
7. One Grand Khadi appointed by CJN for 2 years
8. One president of customary court of appeal, appointed by the CJN for 2
years
9. 5 Legal Practitioners of not less than 15 years post call appointed by CJN
on recommendation of NBA, NEC who are members only for the purpose
of considering names of persons for appointment as judicial officers.
10. 2 persons not being legal practitioners, who in the opinion of the Chief
Justice of Nigeria, are of unquestionable integrity.

Functions
a. Functions are with respect to judicial officers and the judiciary
b. Regulates conducts of judges in the superior courts of records
c. Recommend to the President or Governor for appointment as a judicial
officer from among the list of persons submitted to it by FJSC, state JSC
and FCT JSC.
d. Recommend to the President or Governor the removal of such person
e. Collect and control the disbursement of money to the judiciary
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 f. Advice the President or governor on matters pertaining to the judiciary.
g. Appoint, dismiss and exercise disciplinary over members of staff

CHAPTER FIFTEEN

PROFESSIONAL DISCIPLINE OF LEGAL PRACTITIONERS

(I need to edit this chapter with lpdc rules 2020)

This is one of the most frequent exam areas in Bar final; April 2018 Q1b,
August 2018 Q4b, August 2019 Q5 and Jan 2020 Q1

Professional misconducts on which a Lawyer may be disciplined for are

divided into four as follows: (Bar Final Focus) – S.12 of the LPA; Re Abuah
1. Infamous conduct in a professional respect
2. Obtaining Enrolment by fraud
3. Conducts incompatible with the status of a Legal Practitioner
4. Conviction for an offence which is incompatible with the status of a Legal
Practitioner;

1. INFAMOUS CONDUCT IN A PROFESSIONAL RESPECT

This includes any wrongful conduct done in the pursuit of his professional duties.
Example is the misuse of clients’ money. See Okeke v. LPDC. This kind of
misconduct must arise in the course of his legal practice
NBA v Mabawonku, infamous conduct in a professional respect was defined as
“an act or omission, which in the opinion of the disciplinary committee is such
that will bring the profession into disrepute
NB - focus
Where an infamous act was not committed in a professional respect it would not
come within the provision of S. 11(1) (a) LPA, but it may come within s. 11(2)
Legal Practitioners Act

93
 2. OBTAINING ENROLMENT BY FRAUD S. 12(c)
This arises where a person misrepresents material facts which enabled him to
secure enrolment in the Supreme Court which may be on any of the following:
1. Personal data
2. Academic qualifications.
3. Forged certificates of Call to the Bar
4. Use of non-existent certificates.

3. CONDUCTS INCOMPATIBLE WITH THE STATUS OF A LEGAL

PRACTITIONER – S. 12(2) LPA
These involve any misconduct which is such as to render the Lawyer unfit to be
an officer of the Court. These may fall in any of the following:
a. Lack of professional good manners
b. Lack of Court room decorum
c. Public fighting (Affray)
d. Defaming other professional colleagues
e. Seduction of a client’s wife
f. Habitual drunkenness

4. CONVICTION ON A CRIMINAL OFFENCE

This means a Lawyer has been convicted by a competent Court of Law on a
criminal charge.
The conditions for this to be a ground to discipline a Lawyer are as follows:
a. The conviction must have taken place in Nigeria, see S. 12 of the LPA
b. It must be by a Court of competent jurisdiction. See RE ABUAH
c. There must be no pending appeal and the time for appeal have passed

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DISCIPLINARY BODIES IN THE LEGAL PROFESSION (Note, August
2019 Q6f)
1. Body of Benchers
2. Supreme Court
3. Chief Justice of Nigeria

THE LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE

The Chairman of the (LPDC) is empowered under these Rules to constitute panels
for the hearing of Applications against a legal practitioner.

A panel shall be constituted by 3 persons:

a. Chairman or Presiding member nominated by the LPDC Chairman

b. two other members.
The means of commencing the Application shall be originating application
which shall be in writing and to be forwarded by the applicant or aggrieved person
to any of the following persons CJN, AGF, PCOA, CBOB, PNBA etc.

Disciplinary Procedure before the Legal Practitioners Disciplinary

Committee (LPDC)
It is regulated by the Legal Practitioners Disciplinary Committee Rules 2020 and
the procedure is summarized as follows: (Exam Focus August 2016 &2017)
1. originating application by any aggrieved person can be forwarded to either:
a. The Chief Justice of Nigeria
b. The Attorney-General of the Federation
c. President of the Court of Appeal
d. Any Presiding Justice of the division of the Court of Appeal
e. President of the NBA
f. The chairman of a branch of the NBA
g. Chairman of the Body of Benchers
2. A copy of the complaint is sent to the Secretary of the LPDC
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 3. The secretary will send it to the Lawyer involved to respond to same within
a period of 21 days
4. The complaint is also sent to the NBA form necessary investigation.
5. The NBA will investigate the complaint by way of inquiry through a
Committee appointed for that purpose
6. The Committee will write the Legal Practitioner involved inviting him to
bring in his written representation. If a prima facie case is made, the NBA
will then send the Report to the Secretary of the LPDC.
7. The NBA will appoint Lawyers from amongst it to prosecute the Lawyer
before the LPDC.
8. The matter will be heard by the Committee
9. Once a Direction has been reached, Notice of it will be served on the person
to whom it relates the Body of Benchers and the Registrar of the Supreme
Court. See S. 11 (6) of the LPA
10. The Notice of the Direction is to be gazetted in the Federal Gazette.
11. An aggrieved party can appeal against the direction

PARTIES TO THE PROCEEDINGS

1. NBA (represented by a legal practitioner who didn’t participate in the
investigation)
2. The legal practitioner
3. Any other person required by the LDPC or by leave of the LPDC to be
joined; See R.5(1) LPDC Rule, 2006

PUNISHMENT FOR PROFESSIONAL MISCONDUCT

The possible Directions of the LPDC could be any of the following: (Exam April
2018 Q 1bi, August 2019 Q 5, Jan 2020 Q 1d, Dec 2020 Q 6b) – S. 12 LPA
1. Striking off the name of the Lawyer concerned from the roll in cases of
serious misconducts
2. Suspension of the Lawyer from practicing for a period of time
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 3. Admonition
4. An order that the lawyer return any money or documents of his clients in
his possession to the clients-restitution.

APPEAL AGAINST THE DIRECTIONS OF THE LPDC

The position is that appeal from LPDC lies directly to the Supreme Court; S.
12(7) LPA, Aladejobi v NBA, Akinkotun v LPDC; (August 2019 Q 5)

RESTORATION OF A NAME TO THE ROLL OF LEGAL

PRACTITIONERS
A legal practitioner whose name has been struck off the roll or who has been
suspended may appeal for his name to be restored to the roll or that the suspension
be cancelled. An application for this purpose is usually made to the LPDC

If the striking off or suspension was ordered by the Chief Justice of Nigeria or
the Supreme Court then the application should be made to the Supreme Court. S.
14 LPA. See R v. Abuah

The CONDITIONS to be considered in granting the application are: (FOCUS)

1. The gravity of the offence necessitating the striking off of the applicant’s
name in the first place
2. Sufficient evidence of genuine remorse by the applicant in the period
between the striking off of his name and the submission of the application
3. That the applicant has become a fit and proper person to be reintegrated as
a member of the legal profession
See S. 14 LPA, Re Abuah, Adesanya v. A.G.F
The court and the Committee would usually exercise a high degree of care before
ordering restoration or cancellation of a suspension
OTHER DISCIPLINARY BODIES
Apart from the LPDC, the other bodies are:
97
 a. Supreme Court – S. 13(1) LPA
b. the Chief Justice of Nigeria S. 13(2) LPA
The CJN can only discipline for misconducts that occurred in his presence or the
course of proceedings.
The Directions the Chief justice of Nigeria may give include:
1. Striking his name off the roll
2. Suspension from practicing
3. Admonition

DISCIPLINARY POWERS OF THE SUPREME COURT

Where it appears to the Supreme Court that a person whose name is on the roll
has been guilty of infamous conduct in any professional respect with regard to
any matter of which the Court or any other Court of record in Nigeria is or has
been seised, the Supreme Court may if it thinks fit, after hearing any
representations made and evidence adduced by or on behalf of that person and
such other persons as the Court considers appropriate, give such a direction as is
mentioned in subsection (1) of section 11, and the direction shall take effect
forthwith; and except in the case of an admonition the Court shall cause notice of
the direction to be published in the Federal Gazette.
See S. 13(1) of the LPA

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 CHAPTER SIXTEEN
LEGISLATIVE DRAFTING
Qualities of a Legislative Draftsman
1. Intellectual intelligence
2. Ability to analyze an issue or problem in details
3. Knowledge of other Laws especially the Constitution so that the proposed
Law/Bill will not be in contradiction to it. See S. 1(3) of the 1999
Constitution as amended.

STAGES OF DRAFTING (Exam focus April 2018 and 2019 No 1B, January
2020 Q5, Dec 2020 Q 4a)
1. RECEIVING AND UNDERSTANDING INSTRUCTION: The
sponsors of a Bill/Act/Law give the instruction and it is the duty of the
legislative draftsman to understand their concerns by being in constant
consultation with them to do so. It is helpful if the following are borne in
mind and are contained in the drafting instruction:
a. Sufficient background information of the reason for the legislation.
b. The principal objects of the legislation must be clearly stated.
c. The means whereby the principal objects are to be achieved should be
stated.
d. All known implications, difficulties whether legal, social or administrative
associated or contemplated by the proposals should be stated

2. ANALYZING THE INSTRUCTION- This he can do by analyzing:

(exam area)
a. The existing Law either to amend, repeal and enact a new Law/Act
b. The potential danger areas
c. How practical or enforceable is it.
d. Incompatibility with the Constitution

99
 3. DESIGN OF THE DRAFT: This is a sketch of how the legislation will be
arranged. In doing so, adhere to the conventional practice. He then prepares
the following:
a. A precise outline of the objectives and principles to be contained in
the legislation.
b. A statement of the principal means of attaining the objectives and
principles.
c. Design the structure of the draft statute, e.g. the substantive provisions
and the administrative provisions of the bill.

4. COMPOSITION OF THE DRAFT: This is to give flesh to the draft by

putting in the provisions. Use precedents in doing so but not slavishly.

5. SCRUTINIZE THE DRAFT: This is to correct and proof read the draft
finally. He may give it to Professional colleagues to help vet the draft. It is
advisable to allow two or more persons who did not participate in the initial
drafting to scrutinize the law.

CONCEPTS IN LEGISLATIVE DRAFTING

1. Bill: it is a proposed Law/Act or proposal to the legislative Houses
2. Act: An Act passed by the National Assembly.
3. Law: A Bill passed by the States Houses of Assembly.
4. Rules/Order: made by an authority empowered to make rules to regulate an
aspect under an Act/Law.
5. Bye-Law: A Bill passed by the Local Government Councils.

STAGES OF LEGISLATIVE PROCESS (January 2020 Q6)

This is the process in which the legislation will go through to be passed into a law
or an Act. The stages are:
1. First reading of the Bill/ Act
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 2. Second Reading
3. Committee Stage
4. Third reading
5. Assent (of the President or the Governor of a State)

SOURCE MATERIALS FOR LEGISLATIVE DRAFTING (exam focus)

1. The constitution
2. Party manifesto
3. Electoral promises
4. Nigerian law reform commission
5. Resolution of the legislature
6. Reports of civil society organization
7. Judicial decision

FORMALITIES AND ARRANGEMENT OF LEGISLATIONS

1. Sections of a Statute stand alone, e.g., Section 14.
2. Sub-sections are written in Arabic numerals and in parenthesis, e.g., section
1(2).
3. Paragraphs of a section are written in alphabet lower case (small letter) in
brackets, e.g. section 1(2) (a).

Marginal References
It is an explanatory sign post. It will refer the reader to Laws that have been
enacted which is to apply in the new Statute. Example is S. 233(e) of the Criminal
Code.
The Order for the Arrangement of or Parts of Legislation
1. The preliminary part
2. Principal segment
3. Miscellaneous
4. Final Part (which includes the schedules, repeal etc.)
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The Preliminary PART Includes the Following:
1. Long title
2. Preamble
3. Commencement
4. Enacting formula
5. Establishment of a Corporation
6. Interpretation section or explanatory notes
7. Short title

Meanings of the Various Parts and their Importance (Every year Question)
Every year in the exam, students are asked to draft some parts of legislation which
usually include the following:

1. LONG TITLE: It helps one to know the general purpose or scope of the
Legislation.
The long title states the general purpose of the statutes. It begins with the
phrase: “AN ACT” or “A LAW” for National and State House of Assembly
respectively. When drafting a Bill, you begin with the phrase: “A BILL
FOR AN ACT” or “A BILL FOR A LAW” for National and State House of
Assembly respectively.
When repealing an Act it will be:
“AN ACT TO REPEAL THE (NAME OF OLD ACT) AND ENACT THE
(NAME OF NEW ACT)
When amending it is:
AN ACT/LAW TO AMEND THE (NAME OF OLD LAW)
It should end with any of the followings: AND FOR RELATED
MATTERS; and FOR MATTERS CONNECTED THEREWITH; and
FOR PURPOSES CONNECTED THEREWITH; and FOR CONNECTED
MATTERS.

102
 Long title IS USUALLY WRITTEN IN CAPITAL LETTERS. It can be
relied to interpret an ambiguous part of a legislation. BELLO V AG OYO
STATE

2. Short title
The short title underscores the name that a legislation is known. It is the
statutory nickname of a legislation. It is usually drafted as follows: “This
Law may be cited as the Street Hawking Prohibition Law of Kaduna State
2022.”

3. PREAMBLE: Its function in legislation is to show the reasons for the

enactment of the Law. In practice, it is desirable to be used in the following
circumstances:
(a) the subject-matter is of a Constitutional or international importance
(b) legislation is formal
(c) ratification of international Treaties
(d) a Law to deal with a local and complex problem in a country/State/
Local Government Area. Example is Corruption Laws.

4. COMMENCEMENT: This will state the time when the Law/Act is to take
effect. The scenario will always provide for when the law will commence.
A legislation may come in to force:
1. On the date stated;
2. Where an authority is to specify;
3. On the occurrence of an event;
4. Where no provision is made, it will commence on the day it is
assented to. S. 6 Interpretation Act
There are various ways of drafting the commencement clause:

103
 Usually written at the right-hand side in either of these two ways- [13th
July 2020] or

Commencement [13th July 2020]

Sometimes it forms a section of the law. For instance, This Law shall come
in to force on the 13th July 2020.

The legislation will come in to force on a date to be stated by a particular

authority or the occurrence of an event. For instance, The Act shall come
in to force on a date to be stated by (State the authority or the event)

The day of assent. For instance, The Act shall come in to force the day the
President assents to it.

5. ENACTING FORMULA-:
The enacting formula states the authority that enacts the legislation.
In a democratic setting it is usually drafted by using the following phrases,
When it’s by the national assembly its drafted thus: ENACTED by the
National Assembly of the Federal Republic of Nigeria as follows: or when
its by a state: The Lagos State House of Assembly enacts as follows:
In a military era, decrees (usually promulgated by the Federal Military
Government) and edicts (usually promulgated by Military Governor) are
drafted as follows: The Federal Military Government hereby decrees as
follows: or
The Military Governor of Lagos State of Nigeria makes the following
Edict.

6. APPLICATION: A Law's application can be territorial, on everybody or

to certain persons. Usually if not specified by Law, it is deemed applicable
to all in the area covered by the Law. DRAFT: This law shall apply to
all disable persons in Lagos State.
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7. DURATION: A Law is always in force until it is repealed. The effect of
the expiration or repeal of a Law is that anything done before its repeal is
valid and remains valid. See S. 6 (1) & (2) of the Interpretation Act
Examples:
For instance, This Law shall continue in force until the 30th June 2012;
This Act shall continue be in force until it is repealed;
This Law shall come in to force on the 1st August 2020 and shall continue
in force for 5 years.

8. SCHEDULES: It forms part of Legislation. It is used to keep or include

technical information too bulky to disrupt the flow at the end of the
Legislation. It must be incorporated by reference in the main Legislation,
e.g. a section of the Law will refer to a schedule for detailed information.
It contains things like ‘tables, forms, Code of conduct, oath of office etc.

9. ESTABLISHMENT CLAUSE: This occurs if the Act/Law intends to

create a body to implement it.
DRAFT: There is hereby established a body to be known as; There is
established a body to be known as; There shall be a body to be known
as or There shall continue to be established a body to be known as (This
is in the circumstance where the body is already in existence).
Example is:
“There is hereby established a body corporate to be known as the
University Education Council which shall be a corporate sole with
perpetual succession, power to hold land, to sue and be sued in its
corporate name and with a common seal”.

105
 Administration provisions
Administrative provisions consist of the execution of documents, the use
and custody of seal, the staff of the corporation, meetings etc.

10. INTERPRETATION CLAUSE:

Interpretation clause gives meanings and explanations to words used in a
legislation. DRAFT: In this Act/Law unless the context otherwise
requires or provides.
The words used to define or give meaning are:
Means- where the meaning is closed or restricted.
Includes- where the meaning is open or in exhaustive. i.e make the meaning
broad
For instance, In this Act, unless the context otherwise requires:
Regulation means------------------------
Corporation includes---------------------

Aids to Good Draftsmanship

1. Adequately elicit the relevant instruction and capture the intention of the
sponsor
2. Use proper language and grammar (good command of English)
3. Understanding the society of operation
4. Demonstrate skill, ingenuity and creativity
5. Use relevant existing precedents
6. Be brief, concise and precise

Where a bill is presented to the President for assent, he shall within 30 thirty
days thereof signify that he assents or that he withholds assent. – S. 58 CFRN

106
Commencement Dates in Statutes and Agreements and their Implications:
(April 2019 Re-sit Exam No 1)
1. To start ‘ON’: it means the day mentioned is inclusive in its calculation.
2. To start by ‘BY’….the named date is inclusive in the computation of time
3. To start ‘BEFORE’….the named date is included.
4. To start ‘FROM’….it means the date mentioned is excluded in the
computation of time.
5. To start ‘AFTER’…means that the mentioned date is excluded and you
start counting from the next day.
6. To start ‘WITHIN’…. this is ambiguous and usually confusing, it is
therefore better to use an exact date. However, it may be construed as being
exclusive or at the discretion of the court.

107
 CHAPTER SEVENTEEN
IMPORTANT SAMPLE DRAFTS ON PROFESSIONAL ETHICS
(subject to review)

1. Letter of Notification of Establishment of Law Office

ATOWO ATOWO & CO
BARRISTERS AND SOLICITORS
NO. 10 ASO DRIVE NYANYA, ABUJA- NIGERIA

Our Ref:
Date: 18 January, 2021

To:
The Chairman,
Nigerian Bar Association,
Abuja Branch,
High Court Secretariat,
High Court Complex Maitama, Abuja.

Dear Sir,

NOTIFICATION OF ESTABLISHMENT OF LAW OFFICE

I, Atowo John Atowo a Legal practitioner called to the Nigerian Bar on 20th
November 2012 and enrolled as a Barrister and Solicitor of the Supreme Court of
Nigeria, hereby give you notice of the establishment of my law office situated at
No. 10, Aso Drive Nyanya, Abuja- Nigeria. The said office was established on
20th December, 2020.

Please find attached copies of my relevant documents qualifying me to practice.

Thank you.
108
Yours faithfully,

______________
Atowo J. Atowo
(Principal Partner)
ATOWO ATOWO & CO

ENCL:
1. Call to Bar Certificate
2. Receipt of payment of practicing fee.

2. MEMORANDUM (Bar Final September 2015 3(a), August 2017 Q1c)

COUNCIL OF LEGAL EDUCATION

THE NIGERIAN LAW SCHOOL
LAGOS CAMPUS
VICTORIA ISLAND LAGOS
INTERNAL MEMORANDUM

FROM: The Director of Students Affairs

TO: Bar Part II students 2020/2021 session

DATE: 3 February, 2021.

SUBJECT: INVITATION TO FAREWELL COCKTAIL

109
You are hereby invited to a welcome cocktail party which will take place as
follows:
Date: 30 March, 2021.
Venue: Ademola Adetokumbo Hall
Time: 5 pm

Thank you for the anticipated response.

……………………….
Kofunje Thomas
(Director of Students Affairs)

3. Letter of Report of Progress To Client

EMEKA WIGWE AND CO.
NO 1 WIGWE CRESCENT, Delta
Tel. phone
EMAIL

OUR REF: YOUR REF

DATE: 5th February, 2022

To:
Mrs Mercy Jemiye,
No. 2 Adolor Close,
Ughelli,
Delta State.

Dear Madam,

110
 RE: REGISTRATION OF BUSINESS NAME

We your solicitors are pleased to inform you of the approval and reservation of
the business name ‘Journey Mercies Transport Company’ by the Corporate
Affairs Commission Abuja.
We therefore request that you forward the following documents to us within seven
days of receipt of this letter in order to effect the registration of the business name
within 60 days as follows:
1. two passport photographs
2. statement of particulars of surname and forename
3. address of the business and its commencement date and
4. 3 years tax clearance certificate

Thank you for the anticipated co-operation, we remain

Yours faithfully,

………………………
Paul Santos Esq.
For: Emeka Wigwe & Co.

5. Letter Informing the Client of The Progress of His Case

(Frequently Asked in Bar Final)
EMEKA WIGWE AND CO.
NO 1 WIGWE CRESCENT
Tel. phone
EMAIL

OUR REF: YOUR REF

111
DATE: 20 JANUARY, 2021

To:

The Managing Director,

Peak Properties Limited,
No. 2 Park Lane,
Lagos Island.
Lagos.

Dear Sir,

RE: CV/10/2011 PEAK PROPERTIES LIMITED V. JAMES

SETTLEMENT OUT OF COURT

The case for the recovery of two-bedroom flat at BRF Road was mentioned on
the 15th day of January, 2021 at the Lagos Magistrate Court Igbosere. The Counsel
to the defendant was in appearance and the case was adjourned to the 23 day of
February, 2021 for hearing.
The defendant through his Counsel, requested for settlement out of Court possibly
before the next adjourned date. Therefore, we kindly request that you oblige them
the opportunity by attending a meeting at No. 10 Kent Road Lagos Island.

We await your Co-operative response. Thank you.

Yours faithfully,

…..............................
Paul Santos Esq.
For: Emeka Wigwe & Co.
112
 6. Minutes of Meeting of a Law Firm

MINUTES OF MEETINGS (August 2017 Q3a, Jan 2020 Q5a)

MINUTES OF THE FIRST QUARTERLY MEETING OF OKEKE & CO

A FIRM OF LEGAL PRACTITIONERS OF NO 51 OZUMBA MBADIWE
STREET VICTORIA ISLAND HELD ON THE 2 OF FEBRUARY 2021
AT THE CONFERENCE HALL OF THE FIRM AT ABOUT 4:00PM.
PRESENT:
NAME (POSITION)
1. Mrs. Ibukun Okeke - Head of Chambers
2. Joseph Luku - Legal Practitioner
IN ATTENDANCE:
1. Professor Richard Gimes - External training Consultant
2. Adaji Grace Peter - Secretary
ABSENTEES: NONE
1. OPENING REMARKS/ PRAYERS
All done by Mrs. Ibukun Okeke at about 4:10 pm
2. ADOPTION OF THE AGENDA OF THE MEETING
The main agenda for this meeting are:
a) Evaluation of the training on the use of ICT by Professor Gimes by
employees of the firm
3. ADOPTION OF MINUTES OF THE LAST MEETING
The minutes of the last meeting held on the …..Day of December 2020 was
read and adopted by
a) Joseph Luku and
b) Mrs. Ibukun
4. MATTERS ARISING
a) The purchase of new cabinets for all. It was resolved that the cabinets
be purchased on the 10 of January, 2021
113
 5. ISSUES DISCUSSED FOLLOWING AGENDA
a) Compliance with training modules by the Lawyers.
6. RESOLUTIONS
7. AOB/GENERAL ISSUES
b) Mr Joseph Luku reminded the partners to comply with dress code.
8. ADJOURNMENT/ CLOSING REMARKS/ PRAYERS
In the absence of any other business, Mrs. Ibukun Okeke moved the motion for
the adjournment of the meeting supported by Joseph Luku. The meeting came to
an end at about 6:00 pm and was adjourned to the 10 day of January, 2020.

DATED THE ……... DAY OF…… 2021

………………… ……………….
Chairman Secretary

7. CURRICULUM VITAE (Resume) (This is one of the most consistent

drafts; August 2014 Q2v, 2015 Q2d, 2016 Q3ai, 2017 Q3c, Jan. 2020 Q
5c)
CURRICULLUM VITAE OF WAZIRI MUSA
No. 15 Bose Street Abuja FCT
08065748908 e-mail:warz@yahoo.com

1. PERSONAL DATA:
Name: Waziri Musa
Address: No 15 Bose Street Abuja FCT
State of origin: Kano State
Permanent home address: No 205 Kankanwa Street Dankowa
Kano State-Nigeria
Date of birth: 10 March 1981
114
 Marital status: married
2. EDUCATIONAL QUALIFICATIONS WITH DATES
a. Barrister-at Law (B.L) 2007
b. Bachelor of Laws Degree (LL.B) 2005
c. Secondary school certificate (WASCE) 2000
d. Primary School certificate 1996
3. WORK EXPERIENCE
a. National Youth Service Corps with the Ministry of Justice Ekiti State
2008
b. Legal Practitioner in Austin Olowolafe & Co from 2009-2012
4. HOBBIES
a. Reading
b. Travelling
5. REFEREES
a. Alhaji Tafida Ekundayo
No16 Kent Road
Lagos Island, Lagos.
b. Benson Amande
Director of Administration
Ministry of Justice
Ekiti State.

DATED THE………..DAY OF FEBRUARY, 2021.

…………….……
Waziri Musa

115
 8. Application For Loan On Behalf of A Client
UGWANYI& CO
NO 15 VIRBES STREET IKOYI, LAGOS STATE
Tel. phone
EMAIL

OUR REF: YOUR REF

DATE: 2 FEBRUARY, 2021

To,
The Executive Director
Zenith bank PLC
23 Atim Street,
Victoria Island, Lagos State.

Sir,
APPLICATION FOR LOAN ADVANCEMENT OF TWENTY MILLION
NAIRA
We are Solicitors to Alhaji Ozor Otumba of No 10 Broad Street Marina Lagos,
on his instruction we write and we will refer to him as ‘our client’.

Our client seeks for Twenty Million Naira (N20,000,000) as a loan to be secured
on his property, a six-bedroom bungalow at 34 Yaba Road Surulere Lagos State
valued at thirty-nine million naira (N39,000,000) redeemable within 2 years of its
grant.

Please find attached the following documents to enable you conduct a search on
the property and your subsequent approval as follows:
1. Valuation report by Mixer Estate Surveyors
116
 2. Consent letter of Alhaji Ozor Otumba
3. Copy of the Land Certificate, and
4. Sworn declaration
Thank you for the kind consideration of this application.

Yours faithfully,

……………..
Ugwuanyi Mmadunkiti
(Principal Partner)
For: Adaji & Co

ENCL:
Valuation report by Mixer Estate Surveyors

9. BILL OF CHARGES (Frequent Exam Focus area)

MAJI & CO
NO 15 VIRBES STREET MARINA -LAGOS STATE.
Tel. phone
EMAIL

OUR REF: YOUR REF

DATE: 2 FEBRUARY, 2021

To,

Mrs. Adaku Bimpe Shehu

No 5 North Avenue Apapa
Lagos.
117
Dear Madam,
RE: NEGOTIATION OF MORTGAGE LOAN BILL OF CHARGES
Sequel to your instruction to negotiate a mortgage loan on your behalf, we are
pleased to inform you of its successful completion.
Find attached our invoice below for your prompt response.
Principal Item Date Cost
1. Application for Loan 5/04/2019 20,000
2. Deducing title 6/04/2019 10,000
3. Postage of application 6/04/2019 5,000
letter
4. Transportation 5-6/04/2019 20, 000
5. Miscellaneous “ 10,000
Expenses
Amount received as Nil
deposit
Total 65,000

Kindly pay the sum of sixty-five thousand naira (65,000) into account No.
304070113 belonging to Maji Sunday & Co at First Bank PLC.

Thank you for the anticipated cooperation.

Yours faithfully,

………………
Maji Sunday Esq.
(Principal Partner)

118
 10. APPLICATION FOR APPOINTMENT AS A JUDICIAL OFFICER
(August 2016 & January 2020)

NUHU BALA
NO. 12 BASE STREET
BARIGA
LAGOS.
10 January, 2021
TO:

THE CHAIRMAN
THE STATE JUDICIAL SERVICE COMMISSION
NO. 13 BASE ROAD MAKURDI BENUE STATE
Dear Sir,

APPLICATION FOR APPOINTMENT AS A JUDGE OF THE HIGH

COURT OF BENUE STATE.

I am Barr. Nuhu Bala and hereby apply to be appointed a Judge of the High Court
of Benue State. I was called to the Nigerian Bar in the year 1992 and was enrolled
on the same day.

I have cogent experience in Legal practice as a Principal Partner with Agbaje Daji
& Co. a firm of Legal Practitioners and solicitors.

Please find attached copies of my documents for your necessary consideration.

I look forward to your kind consideration of my application.

Yours faithfully,

……………..

Nuhu Bala

ENCL:

119
1. Call to Bar Certificate

2. Receipts of payment of practicing fees

3. Bachelor of Law (LL.B) Certificate

4. Curriculum vitae

11. Letter of confirmation of client’s instruction: (Jan. 2020 Q1a)

RICHARD CHUKWUMA & CO

PLOT 20 HERBERT MACAULAY STREET,
PORTHARCOURT, RIVERS STATE
richyc@gmail.com
+2347064599441

OUR REF…. YOUR REF

19TH JANUARY, 2021

MADAM NENGI TYGER

(Any address)
Dear Madam,

LETTER FOR CONFIRMATION OF YOUR INSTRUCTIONS

I write in respect of the above subject matter. Please recall my interview with
you on the 18th of January, 2021 in our office, I wish to confirm that the
following were your instructions:
1. That our firm should help you recover a debt of N30, 000,000.00 (Thirty
Million Naira) from Ayabowei Nigeria Limited.

120
 2. That we should write a letter to the company requesting for repayment of
the loan not later than 31st January, 2021
3. That we should give the company an option of payment by three
installments if the company cannot pay total amount due as at 31st January,
2021.
4. Furthermore, that if all steps to possible negotiations fails that we should
resort to litigation to recover the loan.
Please kindly, confirm the above instructions and also confirm that will you pay
our legal fees as discussed to enable us carry out the brief in earnest.
Thank you for your usual patronage.
Yours Faithfully;
………………………
Richard Chukwuma Esq.
Principal Partner: Richard Chukwu & Co.

12. LETTER OF DEMAND (August 2017 and Jan 2020 Q1)🔄

RICHARD CHUKWUMA & CO
PLOT 20 HERBERT MACAULAY STREET, PORTHARCOURT,
RIVERS STATE
richyc@gmail.com
+2347064599441

OUR REF… YOUR REF..

20TH JANUARY, 2021

THE MANAGING DIRECTOR,

AYABOWEI NIGERIA LIMITED
(Any address)

Dear Sir/Madam,
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 LETTER OF DEMAND OF THE DEBT OF N30, 000,000.00 (THIRTY
MILLION NAIRA)

We are solicitors to Madam Nengi Tyger (Our client) and we have her
instructions to write this letter to your company Ayabowei Nigeria Limited.
Our client informed us that your company owes her a debt of N30, 000,000.00
(Thirty Million Naira) which is due and unpaid.
We hereby request that the said debt of N30, 000,000.00 (Thirty Million Naira)
be paid into my Firm Client’s Account No 1234….on or before the 31st of January,
2021.
We wish to further inform you that my client is willing to allow the Company pay
the debt by three (3) installments of N10, 000,000.00 (Ten Million Naira) each
month starting from 1st January, 2020 to 31st March 2020, if the company cannot
pay the total amount due as at 31st January, 2021.
Furthermore, Our client is willing to enter into any form of negotiation as may
be proposed to by the company.
Please kindly note that we have our client’s instruction to institute an action in the
appropriate court against the company should it fail to act accordingly.
Thank you as we await your response.
Yours Faithfully;
………………………
Richard Chukwuma Esq.
Principal Partner: Richard Chukwu & Co.

13. Letter For Adjournment (Frequently Asked please learn 🔄)

RICHARD CHUKWUMA & CO
PLOT 20 HERBERT MACAULAY STREET,
PORTHARCOURT, RIVERS STATE
richyc@gmail.com
122
 +2347064599441

OUR REF…. YOUR REF

20TH JANUARY, 2021

THE REGISTRAR,
HIGH COURT 4,
HIGH COURT COMPLEX,
OVOM, YENAGOA

Dear Sir/Madam,

RE: MADAM NENGI TYGER V AYABOWEI NIGERIA LIMITED;

SUIT NO………
I am Richard Chukwuma Esq. counsel to the Claimant in the above suit. I regret
to inform you that I will not be available to attend proceedings on the next
adjourned date in the above suit. This is because I am billed for another matter at
the Court of Appeal on the same date.

I most humbly request for a short adjournment to enable me attend and prosecute
the suit. I suggest the 10th and 12th of February, 2021 subject to the convenience
of the court.
I apologise for any inconvenience this may have caused this Honourable Court.

Accept the assurances of my extreme regards.

Yours Faithfully;
………………………
Richard Chukwuma Esq.
Principal Partner: Richard Chukwu & Co.
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