C O Agbata's PES Note

Chris Ozo Agbata chrisozcaagbata@gmail.com chrisozoagbata@edupalinstitute.
com 07035406532
DISCLAIMER:
This note is a compilation by Chris Ozo Agbata on the NLS Yola Campus 2021/2022,
using NLS handbook, class slides and notes. It does not represent NLS official opinion; it
is not for sale and it is for exam preps only.
Any observations, reservations and comments should be directed to Chris Ozo Agbata
using the contact info provided at the header. This is only the first draft, so, such will be
appreciated.
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Chris Ozo Agbata chrisozcaagbata@gmail.com chrisozoagbata@edupalinstitute.com 07035406532
WEEK 3- OVERVIEW OF THE PROFESSIONAL ETHICS AND HISTORY OF THE

LEGAL PROFESSION
CONTENTS
1. Overview of Professional Ethics and Skills course
2. Overview of the history of the legal profession in Nigeria
3. Overview of the Rules of Professional Conduct for Legal Practitioners
OUTCOMES
At the end of the lesson students would be able to:
1. Discuss and explain the scope of the Professional Ethics and Skills course;
2. Discuss and explain the various stages of the development of the legal profession in
Nigeria;
3. Explain the various ways of becoming a legal practitioner in Nigeria;
4. Explain the provisions of the Rules of Professional Conduct for Legal Practitioners in
Nigeria
Pre-class activities:
Students are required to read the following in advance:
a. Rules of Professional Conduct for Legal Practitioners 2007
b. Legal Practitioners Act;
c. Legal Education (Consolidation Etc.) Act.
ACTIVITIES:
1. Tutor reviews the scope of the Professional Ethics and Skills Course and how it relates
with the other courses, with questions and answers – 40 minutes
2. Tutor gives the overview of the history of the legal profession in Nigeria, stages of
development of the profession and the Rules of Professional Conduct - 50 minutes
3. Group discussion on the stages of development of the legal profession in Nigeria – 15
minutes
15 MINUTES BREAK
4. Presentation by groups on activity 3-- 15 minutes
5. Tutor requests students to discuss in groups and state acts that they consider should be
misconduct under the rules – 10 minutes
6. Sample presentations are made with general discussions on the list – 15 minutes
7. Tutor presents questions relating to acts that may or may not fall within the Rules and
requests students to respond to each on whether the act(s) constitute misconduct under
the Rules with reasons.
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8. Assessment and Evaluation – 15 minutes
BACKGROUND
OVERVIEW OF THE RULES OF PROFESSIONAL CONDUCT FOR LEGAL
PRACTITIONERS
A. Practice as Legal Practitioner GD A3 REALP MAN
• Rule 1: General Responsibility of a lawyer.
• Rule 2: Duty as to admission into the legal profession.
• Rule 3: Aiding the unauthorized practice of the law.
• Rule 4: Avoidance of intermediary in the practice of the law.
• Rule 5: Association for legal practice.
• Rule 6: Retirement from judicial position or public employment.
• Rule 7: Engagement in business.
• Rule 8: Lawyers in salaried employment.
• Rule 9: Practicing fees.
• Rule 10: Seal and stamp.
• Rule 11: Mandatory Continuing Legal Education (CPD).
• Rule 12: Annual Practising Certificate.
• Rule 13: Notification of legal practice.
B. Relation with Clients DRR CAP LWC DRI

• Rule 14: Dedication and devotion to the cause of the client.
• Rule 15: Representing client within the bound of the law.
• Rule 16: Representing client competently.
• Rule 17: Conflict of interest.
• Rule 18: Agreement with client.
• Rule 19: Privilege and confidence of a client.
• Rule 20: Lawyer as witness for client.
• Rule 21: Withdrawal from employment.
• Rule 22: Calling at client’s house or place of business.
• Rule 23: Dealing with client’s property.
• Rule 24: Responsibility for litigation.
• Rule 25: Investigation of facts and production of witness.
C. Relations with Other Lawyers FGAC (Fellowship Gives All Courage)

• Rule 26: Fellowship and precedence.
• Rule 27: Good faith and fairness among lawyers.
• Rule 28: Associating in a matter.
• Rule 29: Change of lawyer.
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D. Relation with the Court LDC TRL CEL

• Rule 30: Lawyer as officer of court.
• Rule 31: Duty and conduct of lawyer to court.
• Rule 32: Candid and fair dealing.
• Rule 33: Trial Publicity.
• Rule 34: Relation with Judges.
• Rule 35: Lawyer and Tribunal.
• Rule 36: Courtroom decorum.
• Rule 37: Employment in criminal cases.
• Rule 38: Lawyer for indigent accused.
E. Improper Attraction of Business ANSB CALPI

• Rule 39: Advertising and soliciting.
• Rule 40: Notepaper, envelopes and visiting cards.
• Rule 41: Signs and notices.
• Rule 42: Books and articles.
• Rule 43: Change of address.
• Rule 44: Associate and Consultant.
• Rule 45: Barrister’s and Senior Advocate’s robes.
• Rule 46: Press, Radio and Television.
• Rule 47: Instigating controversy and litigation.
F. Remuneration and Fee FRC PF DO (Free Of Charge Professional Fees, Don’t Offer)
• Rule 48: Fees for legal service
• Rule 49: Retainer.
• Rule 50: Contingent fee arrangement.
• Rule 51: Payment of the expenses of litigation.
• Rule 52: Fixing the amount of fee.
• Rule 53: Division of fees.
• Rule 54: Offer of compensation or gift by the other party.
G. Miscellaneous EI
• Rule 55: Enforcement of Rules.
• Rule 56: Interpretation
SOME KEY HISTORICAL FACTS

• Who and when was the first lawyer in Nigeria? (Chief Christopher Alexander Sapara
Williams called to the Inner Temple in 1879)
• First female lawyer (1935): Stella Thomas, also the first female magistrate (1943)
• First female judge; Modupe Omo-Eboh (1952)
• First female SAN; Folake Solanke (1981)
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• First Nigerian to become a judge (1931) Olumuyiwa Jigbo

• First female AG; Victoria Ayodele Uzoamaka Onejeme (1978)
• First female CJ; Roseline Ukeje FHC (2001)
• First indigenous CJN; Sir Adetokunbo Adegboyega Ademola (1958)
• First name on the roll, of SAN (1975) – Chief Rotimi Williams
• First Nigerian Attorney General Federation (1960) – Justice Taslim Elias
• First female CJN (2012) Justice Mariam Aloma Muktar (retired)
Other points:
• The history of the legal profession in Nigeria is tied to our history as a nation.
• In August 1860 Lagos was ceded to the Queen of England.
• As a result, Lagos became a British colony.
• Therefore, all laws applicable in England became applicable to Lagos.
• And in 1863 the Supreme Court Ordinance was promulgated to the colony.
• It provided inter-alia: “that the laws of England shall have the same force and be
administered in this settlement as in England so far as such laws and such administration
thereof can be rendered applicable to the circumstances of this settlement”.
• The problem of this legal system was that there was shortage of qualified personnel to
man the court.
• There was also shortage of court facilities and other resources.
• This led to the employment of lay-men without the knowledge of the law to administer
the new legal system.
• As at 1862, there were 7 magistrates –3 were barristers, 2 were writing clerks, 1 was a
merchant and 1 was a commander of the West Indian Garrison in Lagos.
• To solve this problem, the Supreme Court Ordinance of 1876 was promulgated for the
admission of persons to practice as legal practitioners in Nigeria.
• Three periods of this history are identifiable.
THE THREE PERIODS OF HISTORY

• 1ST PERIOD 1876-1914 = 38 years
• 2ND PERIOD 1914-1962 = 48 years
• 3RD PERIOD 1962 – PRESENT = 60 years
PERIOD OF 1876-1914
Three categories of people were allowed to practice law in Nigeria, viz:
• Professionally qualified legal practitioners.
• Those who have served article and,
• The Local Attorneys.
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PROFESSIONALLY QUALIFIED LAWYERS

• By S.71 of the SC Ordinance of 1876, you must be called to bar or admitted as solicitor
in Britain, Ireland, Scotland, Edinburgh or Dublin.
• You were given automatic enrolment upon application to the Chief Justice of Nigeria.
• Almost all of them were barristers.
• Bar exam was introduced in 1872 in England
• Law Society exam was introduced much earlier
THOSE WHO HAVE SERVED ARTICLE

• By S.73 of the Supreme Court Ordinance 1876, these persons would have served in
the law office of a qualified lawyer, in Nigeria or the Gold Coast, for not less than 5
years.
• In addition, they would have sat for and passed the exams conducted by persons
appointed by the CJ
LOCAL ATTORNEYS
• S.74 of the Ordinance authorized the CJ to appoint them due to dearth of qualified
practitioners.
• They must be fit and proper persons with basic education, good moral character testified
to by a judge or two District Commissioners
• They would have sat for and passed the exam set by the CJ
• The exam was designed to test their general knowledge on the principles and practice of
law.
• This was by appointment (not enrolment) for 6 months which was renewable for another
6 months at a time.
• Britons, West Indians & few Nigerians were appointed
• The abuse of the office by the Local Attorneys resulted in the pressure from qualified
lawyers on the CJ to stop their further appointment.
• The last applicant, J. Osho Davies who was denied, had his appeal refused by the full
court on the ground that the Chief Justice’s discretion was properly exercised in the
circumstance.
PERIOD OF 1914-1962
• Under this period practice was restricted to professionally qualified lawyers, that is,
barristers & solicitors
BARRISTERS
• To be a barrister, one needed to join one of the four inns of court in England namely:
o Middle Temple,
o Inner Temple,
o Gray’s Inn and
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o Lincoln’s Inn,
• where he did
o Bar part one and
o Bar part two
• Educational qualification was WASC.
• The 4 Inns forming the English Council arranged lectures on the various subjects.
• Attendance to lectures was discretionary.
• Many students took private tuition or subscribed to correspondence course.
• There were 12 compulsory dinning terms of which there were 4 in a year.
• Students must pass both bar part one and bar part two and keep all the dinning terms.
• Thereafter, they are called to bar by the Body of Benchers of the particular Inn they joined
and subsequently enrolled at the Supreme Court of England.
• If the fellow intended to practice in England, he must take a 3 months post-call practical
course and serve pupillage in a law chamber for one year.
• Until recently, he paid a fee of 100 Guineas to the head of chambers where he did
pupillage.
• No fee is now required.
• He is not to earn any fee in the first 6 months of his practice. Thereafter he can earn fees.
GRADUATE BARRISTERS
• Though a law degree was not required to join the Inns, there were people who came in
with a degree in law to join the Inns.
• Those of them with second class honours were exempted from Bar Part One
• So that they read for only 2 years and
• They were started with an enhanced salary scale in Nigeria against their non-graduate
counterparts.
BARRISTERS’ WORK
• The barristers work consists of representing clients in court, drafting the court processes
and giving legal opinions on matters referred to him by the solicitor.
• A barrister has no direct contact with the clients but is appointed in the case by the
solicitor when it is ripe for litigation.
SOLICITORS
• To be a solicitor, you would need to join a firm of solicitors.
• Minimum qualification was also WASC.
• Training was by the Law Society.
• Training of solicitors lasted for 4 years (2yrs for Solicitor’s part one and another 2 years
for Solicitor’s part two).
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GRADUATE SOLCITORS
• Though university degree was not required to join the Law Society to train as a solicitor,
there were candidates who acquired university degree before joining.
• Those with second class honours were exempted from solicitors’ part one course so that
they trained for only 2 years.
• They were also given an enhanced salary structure in Nigeria against the non-graduate
solicitors.
SOLICITORS WORK
• The solicitor in England is the general legal adviser to the citizens.
• He draws up leases and conveyances.
• Drafts Wills, prepares commercial agreements.
• Where a dispute is ripe for court, he appoints a barrister to settle the pleadings and
conduct the case in court.
• He also seeks legal advice from the barrister from time to time on behalf of his clients.
• He pays the barrister.
DEFICIENCIES OF AN ENGLISH TRAINED LAWYER PRACTICING IN NIGERIA

Because these lawyers were trained in England and imported into Nigeria to practice the
profession in a totally different environment, there were some obvious deficiencies as follows:
1. In England he is trained either as a barrister or a solicitor, and he practices there as such,
while in Nigeria he practices as both.
2. He Studied English textbooks and law reports which at best are merely persuasive within
the Nigerian jurisdiction. For example, in constitutional law, he studied a unitary system
of government while Nigeria is a federation.
3. He had no knowledge of our customary law which is a substantial part of our legal
system.
4. Almost all of them trained as barristers and without university degree.
5. Most of them did not do the 3 months post-call practical course which they would have
been required to do if they were practicing in England.
6. They did not engage in the one-year pupillage to sharpen their skills.
7. There was no mandatory course of lecture. Only dinner was compulsory.
ABSENCE OF THE 3 MONTHS POST-CALL PRACTICAL EXPERIENCE

• It must be noted that this particular deficiency did not last beyond 1945 and here is why:
• The Supreme Court Ordinance of 1876 was replaced by that of 1943.
• The Supreme Court (Civil Procedure) Rules of 1945 was validated by the 1943
Ordinance.
• The 1945 Supreme Court Rules at Order 16 Rule 1 provided 3 additional grounds for
enrolment of lawyers in Nigeria.
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• The CJN may in his discretion approve, admit and enrol to practice as barrister and
solicitor in court any person who inter alia, had any of the following:
i. He has read in the chambers of a practicing barrister or advocate of more than five
years standing, for at least one year, or has practiced in the courts of the country in
which he has been called or admitted, for at least two years subsequent to his call or
admission; or
ii. He has subsequent to his call to the bar or admission as an advocate, read in Nigeria
in the chambers of a practicing barrister of more than ten years standing for at least
two years; and finally,
iii. He has practiced as a barrister or solicitor in the courts of a British colony or
protectorate for at least two years.
• These were the conditions for the admission to practice law in Nigeria from 1945-1962
when the current new regulations were introduced.
• To correct the other anomalies, the Unsworth’s Committee was appointed in April
1959.
• The committee was composed of the regional Attorneys General, the Solicitor General
of the Federation, the Legal Secretary of the Southern Cameroons and six distinguished
legal practitioners under the chairmanship of the Attorney General of the Federation, Mr
E.I.G Unsworth.
COMMITTEE’S TERMS OF REFERENCE.

•The Committee was mandated “to consider and make recommendations for the future of the
legal education and admission to practice, the right of audience before the court, and the making
of reciprocal arrangement in this connection with other countries”.
COMMITTEE’S RECOMMENDATIONS
From the Committees report published in October 1959, the following recommendations were
made:
1. That Nigeria should establish its own system of legal education.
2. That a faculty of law should be established in Nigeria.
3. That a law school to be known as the Nigerian Law School, to provide vocational
course, should be established in Lagos.
4. That the qualification for admission to legal practice in Nigeria should be a degree
in law of any university whose course for the degree is organized by the Council
of Legal Education and the vocational course prescribed by the Council (at the
school established by it).
5. That any person graduating in law from a university which has not accepted the
syllabus recommended by the Council of Legal Education, should be required to
take further examination as the Council may prescribe.
6. That a Council of Legal Education should be established.
• These recommendations were accepted and translated into law in the nature of the Legal
Education Act of 1962 and the Legal Practitioners Act of 1962.
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• The Law School was set up in 1962 and ran its first 3 months course for 8 students in a
building acquired by the Council at No. 213 Igbosere Road Lagos, from Jan-April 1963.
POST 1962 PERIOD

• In this current period, three categories of people could practice. This is traceable to the
1962 Legal Practitioners Act, S24 which defines a legal practitioner as, “a person
entitled in accordance with the Legal Practitioners Act to practice as a barrister and
solicitor either generally or for the purpose of any particular office or proceedings”.
The 3 categories from this definition are as follows:

i. Those entitled to practice generally.
ii. Those entitled to practice for the purpose of any particular office and
iii. Those entitled to practice for the purpose of any particular proceedings.
THOSE ENTITLED TO PRACTICE GENERALLY

• A person can only practice generally if and only if his name is on the roll of legal
practitioners kept by the Chief Registrar of the Supreme Court of Nigeria, S. 2(1) LPA.
• How then does your name enter the roll?
• The Act at S.7(1) further provides that a person shall be entitled to have his name on the
roll if and only if:
a. He has been called to Bar by the Body of Benchers and,
b. He produces a certificate of call to bar to the Chief Registrar of the Supreme Court.
HOW DOES ONE GET CALLED TO THE NIGERIAN BAR?

• S.4(1) of the LPA as amended by the Legal Practitioners (Amendment) Decree No.9
of 1992, states the conditions for call to the Nigerian Bar as follows.
• A person shall be entitled to be called to Bar if:
a. He is a citizen of Nigeria.
b. He produces a Qualifying Certificate to the Body of Benchers and,
c. He satisfies the Benchers that he is a person of good character.
• S4(2) Notwithstanding the provisions of subsection (1) of this section, a person may also
be entitled to be called to the Bar, if‐
(a) he is a non‐citizen of Nigeria;
(b) he produces a qualifying certificate to the Benchers; and
(c) he satisfies the Benchers that he is of good character
• Note that non-citizens may now be called to Nigerian Bar if they satisfy conditions (b)
& (c) above. See Decree 8 & 9 of 1992.
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PRODUCTION OF QUALIFYING CERTIFICATE

• It is the responsibility of the Council of Legal Education to issue a Qualifying Certificate
stating that a person is a fit and proper person to be called to the Nigerian Bar.
• Before this is done, the candidate is required to meet two conditions as prescribed in S5
of the Legal Education (Consolidation etc) Act as follows:
i. The fellow must be a citizen of Nigerian.
ii. He must have a successful completion of a course of practical training at the Nigerian
Law School which, (including the time spent for the examination at the end, but
excluding any interval between the conclusion of the exams and the announcement
of the result thereof), lasted for a period fixed by the Council as an academic year.
• As noted, non-citizens may now be called to the Nigerian Bar by virtue of Decree 8 and
9 of 1992.
• Note that 75% attendance of lectures is compulsory, otherwise, the student will not be
allowed to sit the bar exam.
• Other programs, like the chambers and court attachment, (i.e., externship program) and
portfolio assessment are also compulsory.
EXEMPTION FROM COURSE

• The Council is empowered by S5(2)(a) & (b) of the Legal Education (Consolidation
etc) Act 1976 to waive the requirement of attendance of the course at the Law School
before issuing a qualifying certificate.
• This power is very exceptionally exercised under the Professional Bodies Special
Provisions Act of 1972 and The Professional Bodies (Legal Profession) Exemption
Order of 1973.
• The Council in exercise of its powers has, in Legal Notice NO. 439 of 5thJuly 1989 set
out the criteria for exemption from attendance at the Law School as follows:
THE CRITERIA FOR FULL EXEMPTION

1. He must be a Nigerian citizen.
2. He is qualified to be admitted to the law school.
3. His qualifying subjects for admission to the Law School includes, all the core subjects
prescribed by the Council of Legal Education.
4. He has acquired knowledge and experience in the practice of the profession for upwards
of 5 years.
5. And lastly, at the time he qualified for admission to the law school, or a reasonable time
thereafter, he lost the opportunity of doing so for reasons beyond his control.
CRITERIA FOR PARTIAL EXEMPTION

• Graduates from common law jurisdictions who have been teaching law in a Nigerian
university for upwards of 5 years are exempted from the Bar part 1 course.
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• Secondly, graduates from non-common law jurisdictions who have taught law in a
Faculty of Law in a Nigerian university for upwards of 10 years are also eligible for
exemption from the Bar part 1 course Legal Notice No. 446 of 3rdAugust 1989.
THOSE ENTITLED TO PRACTICE BY VIRTUE OF OFFICE S.2(3) LPA

a. Attorney General, Solicitor General and Director of Public Prosecution, whether of the
Federation or of a State.
b. Such offices in the public service of the Federation or of a State as the Attorney General
of the Federation or of a State, may by order, specify to be entitled to practice as a
barrister and solicitor for the purpose of that office.
• See for example, the offices designated by the Legal Practitioners Act (Entitlement to
Practice as a Barrister and Solicitor) Federal Offices Order 1963.
THOSE ENTITLED TO PRACTICE BY VIRTUE OF THEIR OFFICES:

The LPA on those entitled to practice as a legal practitioner provides in S2(3) that
(3) A person for the time being exercising the functions of any of the following offices, that is
to say‐
(a) the office of the Attorney‐General, Solicitor‐General or Director of Public Prosecutions
of the Federation or of a State;
(b) such offices in the civil service of the Federation or of a State as the Attorney‐ General of the
Federation or of the State, as the case may be, may by order specify, shall be entitled to practise
as a barrister and solicitor for the purposes of that office.
THOSE ENTITLED TO PRACTICE FOR THE PURPOSE OF PARTICULAR
PROCEEDINGS S.2(2) LPA
• “If an application under this subsection is made to the Chief Justice by or on behalf of
any person appearing to him to be qualified to practice as an advocate in any country
where the legal system is similar to that of Nigeria, and (he) is of the opinion that it is
expedient to permit that person to practice as a barrister for the purpose of proceedings
described in the application, he may by warrant under his hand, authorize that person,
on payment to the Registrar, of such fee not exceeding fifty naira…, to practice as a
barrister for the purpose of those proceedings…”
• See Awolowo v Minister of Internal Affairs and Attorney General of the Federation
(1962) LLR 177 or (1966) NSCC 209.
The first of such precedent is the celebrated case of Awolowo v Minister of Internal Affairs,
wherein the late elder statesman, Chief Obafemi Awolowo, and several others were charged for
treasonable felony in 1962. The head of his defence team, a British lawyer, Mr. E.F.N Gratiaen,
QC, was denied access into the country by the immigration authorities. It was Awolowo’s
submission that Section 21(5) (c) of the 1960 Independence Constitution entitled as of right
every person charged with a criminal offence to bring into Nigeria from the UK any non-Nigerian
counsel for the purpose of defending him. It was their contention that this provision admitted of
no limitation whatsoever. Rejecting this submission, Justice Udoma declared as follows:
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“I must state at once that I do not accept as sound proposition the submission that the provision
contained in Section 21 (5) (c) of the Constitution, liberally interpreted, can be construed to
entitle anyone to bring a Counsel from the United Kingdom for the purpose of defending him in
a criminal charge. To accept that interpretation, would be to strain language. The Constitution
is a Nigerian Constitution, meant for Nigerians in Nigeria. It only runs in Nigeria. The natural
consequence of this is that the legal representative contemplated in Section 21 (5)(c) ought to
be someone in Nigeria, and not outside it.”
• Further on the limits to right of choice of counsel, see Nwambe v State (1995) 3 NWLR
(pt.384) p. 385; Iboko v C.O.P (1965) NWLR 384; Uzodima v C.O.P (1982) 3 NCLR
325; Sadikwu v Dalori (1996) 5 NWLR (pt.447) p.151; Oyeniran v Egbetola (1997)
5 SCNJ 94 Ceekay Traders Ltd v General Motors Coy Ltd. (1992) 2 NWLR (pt.222)
132;
• Compare the above cases with the case of Rewane v Okotie-Eboh (1960) SCNLR 461
AGF’S REGULATION ON WHO CAN PRACTICE WITHOUT CALL

This is provided for in the Lagal Practitioners’ Regulation (Special Facility to Practice in
Nigeria) 1968, Pursuant to LPA 1962 as Amended by Decree 21 of 1994, LPA. They are:
• Non-Nigerians
• Citizens of countries who are members of AU with a principle of reciprocity on the matter
with Nigeria
• Who has passed an exam conducted by the Council of Legal Education on general
knowledge of the law, or he must satisfy the AGF as to his general knowledge of the law
• Pay certificate fees which must be prescribed by the regulation
• Pay enrolment fee to the NBA
ORDER OF PROCEDURE OF THE BAR IN COURT

1. AGF, AGs, SGF, in that order, S6 LPA
2. Life members of the BOB S6 LPA
3. SANs in order of conferment
4. Law officers (those working in the offices stated in no 1 above) S6 LPA
5. Other lawyers on the basis of seniority of enrolment
6. Persons practicing law by virtue of warrant S2(2) LPA
In reference to Registered Trustees, ECWA Church v Ijesha the CA held that Rules 2 and 3
of the Rules allow a Senior Advocate of Nigeria to appear in the Superior Courts. This the court
applied using the legal maxim “Expressio unis est exclusio alterius” which means “clear
expression of things clearly stated in the statute excludes others not expressly stated”. The court
further held to give a judicial force to Rule 4 which states that a SAN shall not apply for or issue
originating process or any other process from or before a court in any cause or matter except in
relation to those matters in which he is entitled to appear pursuant to Rules 2 and 3 of the Rules.
The court added that Rule 6 has excluded the Area Courts from the List of Superior Courts. And
that the combined effect of these two Rules (2 & 4) defines before which Court(s) a SAN can
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issue summons, processes, etc and which Courts are superior courts is clear. The court in reliance
upon the above-mentioned legal maxim found that a SAN is excluded from or does not have a
right of audience before an Area Court.
In addition, the court posited that the reason for these provisions as provided for in the Rules is
obvious which is to preserve the dignity of the Senior Advocate in Nigeria. It therefore went
ahead to finally hold in law that a SAN cannot appear, apply for or issue legal or judicial process
in a Court before which it cannot appear.
Juxtapose this with section 36 especially subsection 13 of the CFRN and SC decision in F.R.N.
v. Osahon, Pats-Acholonu, JSC put it aptly thus: “whenever any person is called to the bar and
is enrolled to practice then he has the right of audience and unless the Constitution eloquently
forbids such a person or provides a qualification for appearance in court, any Act prescribing
provisions contrary to the spirit of the Constitution should be regarded as otiose (futile).” Also,
State of Lagos v Persons Unknown where magistrate court held otherwise.
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WEEK 4 - REGULATORY BODIES IN THE LEGAL PROFESSION; EXCLUSIVE

RIGHTS OF A LEGAL PRACTITIONER; RESTRICTIONS ON THE EXCLUSIVE
RIGHTS; IMPERSONATION OF A LAWYER
CONTENTS
1. Regulatory bodies and organs of the legal profession: General Council of the Bar,
Nigerian Bar Association, Council of Legal Education, the Body of Benchers, National
Judicial Council, Legal Practitioners Privileges Committee, Legal Practitioners
Remuneration Committee, Legal Practitioners Disciplinary Committee.
2. Membership and functions of these bodies.
3. National Judicial Council: Legal framework of, composition and duties
4. Exclusive rights of lawyers --- appointment as judicial officers, right of audience in court,
preparation of documents to obtain probate or letters of administration, preparation of
land instruments for a fee, signing certificates of compliance under CAMA, requirement
for the conferment of rank of Senior Advocates of Nigeria and appointment as Attorney-
General.
5. Restrictions on the exclusive rights --- non-payment of practising fees, engaging in
business, salaried employment, public service and private practice, serving and retired
judicial officer, mandatory continuing legal education, withdrawal of rank of Senior
Advocates of Nigeria, Annual Practising Certificate.
6. Impersonation of a lawyer through words or conduct.
Outcomes
At the end of this lesson, students would be able to:
1. Explain and discuss the legal framework, powers, functions and composition of the
regulatory and controlling bodies and organs of the legal profession;
2. Explain the various exclusive rights of a legal practitioner in Nigeria;
3. Explain the limitations/restrictions on those exclusive rights
4. Describe and explain conducts that amount to impersonation of a lawyer, the exceptions
and sanctions
Activities in class
1. Tutor gives an overview of the regulatory bodies in the legal profession and their
functions --- 45 minutes
2. Tutor gives an overview of the exclusive rights of a legal practitioner in Nigeria and the
restrictions on the exclusive rights ---45 minutes
3. Group discussions on the composition, establishment and functions of the regulatory
bodies. 20 minutes
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4. Group discussion on the exclusive rights of a lawyer and the restrictions on those rights
--- 20 minutes
5. Group presentations on activities 1 and 2 ----- 20 minutes
15 MINUTES BREAK
6. Tutor gives overview of impersonation of a lawyer and the statutory sanctions - 30
minutes
7. Students’ groups list and discuss various conducts that amount to impersonation of a
lawyer and conducts that do not constitute impersonation of a lawyer ---- 20 minutes
8. Group presentation of activity 7 ---- 20 minutes
9. Assessment --- 20 minutes
REGULATORY BODIES IN THE LEGAL PROFESSION

1. General Council of the Bar,
2. Body of Benchers
3. Legal Practitioners Privileges Committee
4. Legal Practitioners Disciplinary Committee
5. Legal Practitioners Remuneration Committee
6. Council of Legal Education,
7. National Judicial Council,
8. Nigerian Bar Association
GENERAL COUNCIL OF THE BAR: S1 LPA

 Establishment: S1(1) LPA
 Composition, S1(2) LPA:
i. The AGF (Chairman)
ii. The AGs of the States
iii. 20 members of the NBA, not less than 7 of whom shall be Legal practitioners of not
less than 10 years post call.
Functions of the GCOB

 The Body is empowered to make and revise the RPC S12(4) LPA.
 The power to make rules of Accounts to be kept by legal practitioners S20(1) LPA
16
BODY OF BENCHERS: S3 LPA

 Establishment: S3 LPA
 Composition:
1. The CJN and all the JJSC.
2. The President of the CA.
3. The AGF.
4. Presiding Justices of the CA Divisions
5. The CJ of the FHC
6. The CJ of the FCT
7. The CJ of all the States
8. The AG of all the States
9. The President of the NBA
10. The Chairman, Council of Legal Education
11. 30 legal practitioners nominated by NBA
12. Such number of persons, not exceeding 10, who appear to the BOB to be eminent
members of the legal profession in Nigeria of not less than 15 years’ post call
standing.
Life Members of the BOB
They are of 2 types:
• Statutory Life Bencher: the CJN S3(2) LPA
• By Appointment: S3(5)(b) LPA
Functions of the Body of Benchers

1. Formal Call to Bar of persons seeking to become legal practitioners SS3(1), 10(1)(a)
LPA
2. Issuance of Certificate of Call to Bar S4(4) LPA
3. Prescription of its own regulations S3(5) LPA
4. The exercise of disciplinary jurisdiction over members of the legal profession and
students seeking to become legal practitioners S10(1)(b) LPA
5. Take measures necessary or expedient measures for maintaining at all times the
traditional values of the legal profession S10(1)(c) LPA
6. Prescribes Annual Practising fees to be paid by legal practitioners after consultation
with NBA S10(1)(d) LPA
17
7. The keeping of 3 dinning terms by aspirants to the Bar.

8. Prescription of unblemished conduct as a pre-requisite for Call to Bar.
9. Sponsorship in writing of aspirants by 2 members of the Body of Benchers.
10. It consults with the Nigerian Law School with regards to training of aspirants to the
Bar.
11. Exercises oversight over NBA NEC in case of dispute, crisis and other exigencies.
LEGAL PRACTITIONERS’ PRIVILEGES COMMITTEE S5(3) LPA

 Composition:
i. CJN who shall be the Chairman
ii. AGF
iii. One JSC
iv. President of the CA
v. Five CJs of the States’ HC
vi. The CJ of the FHC
vii. Five SANs
Functions of the LPPC

i. Conferment or withdrawal of the rank of SAN on legal practitioners
ii. Making rules as to obligations and privileges to be conferred on SAN
iii. The body apply sanctions on holders of the rank of SAN as the case may be
Privileges of Holders of the rank of SAN

i. Exclusive right to sit at the inner Bar or front row
ii. Right to mention an application or motion which is on the list for mention, and
not otherwise listed for hearing out of turn.
LEGAL PRACITIONERS DISCIPLINARY COMMITTEE S11 LPA

 Composition: S11(2) LPA
i. A chairman who shall not be either the CJN or a JSC
ii. 2 Justices of the CA, one of whom shall be the President of the CA
iii. 2 Chief Judges
iv. 2 AGs, who shall be either the AGF and AG of a State or 2 State AGs
v. 4 members of the NBA unconnected with either the investigation of a complaint
or the decision by NBA to present a complaint against a legal practitioner for
18
determination by the committee. This is based on the principle of natural justice

Fawehinmi v NBA.
• Functions of the LPDC
i. The body exercises disciplinary jurisdiction over erring legal practitioners found
in breach of professional conduct S11(1) LPA
ii. Punishing the offence. Appeals from the decisions of the Committee lie directly
to the Supreme Court by virtue of S12 (7) LPA.
LEGAL PRATITIONERS REMUNERATION COMMITTEE S15(1) LPA

 Establishment; S15(1) LPA
 Composition: S15(1)
i. The AGF
ii. AGs of the States
iii. President of the NBA
iv. 3 members of the NBA appointed by the NBA
• Functions: S15(3) LPA
To make orders regulating generally the charges of legal practitioners such as:
i. Regulating the maximum charges which may be charged in respect of nay
transaction or activity like those specified by the Order.
ii. Ascertainment of charges appropriate for any transaction.
iii. Regulating the taking of security by LPs for the payment of their charges; and
allowing interest on such security.
iv. Regulating agreements between legal practitioners and clients with respect to
charges.
COUNCIL OF LEGAL EDUCATION

 Establishment: S1(1) Legal Education (Consolidation, Etc.) Act
Composition:
i. A Chairman, appointed by the President on the recommendation of the AGF
ii. State AGs and in the absence of an AG, the State Solicitor-General
iii. A representative of the Federal Ministry of Justice appointed by the AGF
iv. Head of Faculty of law of any recognized Universities in Nigeria, whose course of
legal studies is approved by Council as sufficient qualification for admission to the
Law school.
v. President of NBA
19
vi. 15 persons entitled to practice as legal practitioners in Nigeria of not less than 10
years post call, selected by NBA.
vii. The Director-General of the Nigerian Law School.
viii. 2 persons who must be authors of published learned works in the field of law to
be appointed by the AGF
Functions of CLE
i. Responsibility for the legal education of persons seeking to become members of
the legal profession S.1(2) LEA.
ii. Continuing legal education for legal practitioners S.3 LEA.
iii. Issuance of Qualifying Certificate to persons qualified for Call to Bar S.5 LEA
iv. The CLE liaises with the Body of Benchers in matters of training, policy and
conditions for admission to the Bar of aspirants.
v. Prescribes conditions which universities must comply with before its products are
eligible for admission into the Nigerian Law School.
vi. The Council is empowered to perform incidental matters in furtherance of its
establishment OKONJO vs CLE (1979) Digest of Appeal Cases 25, like
investigating students and refusal of admission into NLS on the ground of bad
character.
NATIONAL JUDICIAL COUNCIL

 Establishment: S153 CFRN
Composition: The 3rd Schedule Part 1, paragraph 1, item 20, CFRN
i. The CJN who shall be the Chairman:
ii. The next most senior JSC as the Vice – Chairman
iii. The president of the CA
iv. 5 retired justices selected by the CJN from the Supreme Court or Court of Appeal
v. The CJ of the FHC
vi. 5 CJs of the states to be appointed by the CJN among the CJs of the states and the
FCT in rotation for 2 years
vii. One Grand Kadi to be appointed by the CJN among the Grand Kadis of the Sharia
Court of Appeal to serve in rotation for 2 years;
viii. One President of the Customary Court of Appeal to be appointed by the CJN
among the Presidents of the Customary Court of Appeal to serve in rotation for 2
years;
ix. 5 members of the NBA who have been qualified to practice for a period of not less
than 15 years, at least one of whom shall be a SAN appointed by the NJC on the
20
recommendation of the National Executive Committee of the NBA to serve for 2

years subject to re-appointment;
x. 2 persons not being legal practitioners, who in the opinion of the CJN are of
unquestionable integrity.
Powers of NJC
i. Recommend appointments of judicial officers to the President/Governors as the case
may be;
ii. Recommend to the President/Governors the removal of certain categories of judicial
officers;
iii. Collect, control, and disburse all moneys, capital and recurrent for the Judiciary;
iv. Advise the President/Governors on any matter pertaining to the judiciary
v. To exercise disciplinary measures over judicial officers;
vi. Control and disburse all monies, capital and recurrent for the services of the Council;
and
vii. Deal with other matters relating to broad issues of policy and administration.
NIGERIAN BAR ASSOCIATION

 The NBA is not established by Statute unlike other controlling bodies. However, it is a
registered association and is recognized by Statute.
 It is a registered association, with the corporate name “Registered Trustees of Nigerian
Bar Association”.
 The NBA is a juridical and not a juristic person Fawehinmi v. NBA (No. 2) and can only
be sued in the name above as a registered trustee which is the juristic person.
Membership of NBA
 Every person duly enrolled as a legal practitioner in Nigeria is a member of NBA
 There are full members and honorary members. S4 NBA Constitution 2015
Aims and Objectives of NBA: S3 NBA Constitution 2015
1. Maintenance of the honour and independence of the Bar
2. Maintenance of the highest standards of professional conduct, etiquette and discipline
3. Defence of the Bar in its relations with the judiciary and the executive
4. Promotion of the rule of law
5. Promotion and advancement of legal education, continuing legal education, advocacy
and jurisprudence.
21
6. Improvement of the system of administration of justice, its procedures and arrangement

of court business and regular law reporting etc.
EXCLUSIVE RIGHTS OF LEGAL PRACTITIONERS

1. Appointment as judicial officers,
o S. 231 (3) for SC,
o 238 (3) for CA &
o 271 (3) for HC of the 1999 CFRN
2. Right of audience in court S36 (6) (c) CFRN & S8 & 22 (1) (d) LPA
3. Preparation of documents of Probate or Letters of Administration S22 (1) (d) of LPA
4. Preparation of land instruments for a fee and conveyancing S22 (1) (d) LPA,
5. Conferment of the rank of Senior Advocates of Nigeria, S5(2) LPA and;
6. Appointment as AGF or AGS SS150 & 195 CFRN
7. Preparation of Statutory Declaration of compliance under CAMA in incorporation,
Section 35 (3) of CAMA no longer exclusive under CAMA 2020.
8. Appointment as a Notary Public S2 of the Notary Public Act.
Restrictions on the Rights of a Lawyer
1. Association for legal practice, Rule 5 RPC, prohibits a lawyer from practicing the legal
profession as a corporation. A legal practitioner is also not to enter into partnership with
a non-lawyer for the purpose of practicing legal profession r5(1). A sole practitioner shall
not use a firm name with the addition of ―AND CO or such other name capable of
holding out his practice as a partnership r5(4). A legal practitioner who is elevated to the
Bench as a judge shall not continue to have his name as part of a partnership name r5(3).
But, the name of a deceased or former partner may be retained in the firm name, provided
it does not lead to misrepresentation or deception r5(2).
2. Engaging in business - Rule 7 RPC 2007
3. Salaried employment - Rule 8 RPC 2007
4. Non-payment of practising fees - Rule 9 of RPC 2007
5. Use of Stamp and Seal – Rule 10 of RPC 2007 A document signed or filed without
compliance means the document has not been properly signed or filed. In APC v.
General Bello Sarki Yaki, Sc/772/15, the SC, per Ngwuta JSC, delivering the lead
judgment held that a legal document signed and filed without the NBA stamp and seal as
required by Rule 10(1) RPC 2007 is not proper in law. It renders it irregular or voidable.
The document will become valid when counsel affixes the stamp and seal.
22
However, the SC in earlier decisions in MPP v INEC 2015, Wayo v Nduul 2019, held
that where such legal document is not regularized by affixation of the stamp and seal
before the court takes a decision such document will be rendered void. If such legal
document is an originating process, the entire action will be liable to be struck out Wayo
v Nduul.
The position of the law with respect to a legal practitioner who paid for the Stamp and
Seal but has not been given by the NBA is not yet settled. The decision of the court in
Adewale & Anor v Solomon O Adeola & Ors (2015) LPELR – 30085 (CA) is still
subject to interpretation by the Supreme Court.
6. Mandatory Continuing Professional Development Programme (MCPD) - Rule 11 of the
RPC 2007
7. Annual Practising Certificate - Rule 12 of RPC 2007
8. Legal Practitioner as Party in a Case, Rule 17(5) RPC. A legal practitioner who is a
party in a case is not allowed to represent any other party in the same matter whether for
a fee or pro bono (not even family members who may also be parties in that case).
9. Retired Judicial Officer, Rule 6 RPC and S292(2) CFRN, any person who has held
judicial office shall not on ceasing to be a judicial officer for any reason whatsoever
thereafter appear or act as a legal practitioner before any court of law or tribunal in
Nigeria Atake v. Afejuku (1994). Although, a retired JO may continue to use the
appellation “justice” r6(5).
Restrictions on SAN
 S5(8) Legal Practitioners Act
 A Senior Advocate of Nigeria shall not appear as counsel in any civil case before any
superior court of record except with a junior or another Senior Advocate of Nigeria Rule
2(1) Senior Advocate of Nigeria (Privileges and Functions) Rules 1990
 He cannot take briefs below N400
 SAN cannot appear in inferior courts in civil cases Ijesha vs Reg’d Trustees of ECWA
Restrictions on Serving and Retired Judicial Officer
1. A judicial officer who has retired shall not practice or appear before a court or judicial
tribunal in Nigeria as an advocate S292 (2) of 1999 CFRN
2. A judicial officer who has retired shall not sign any pleading in any court.
3. A retired judicial officer may practise as a legal consultant and solicitor.
4. Improper dressing Rule 45 (2) (b) & (c) RPC
5. Public Officers in Public Service. In effect, the current position of the law is as stated in
Sl (PART 1) of the 5th Schedule of the 1999 Constitution. See the case of Ahmed vs
Ahmed (2013) 15 NWLR (Pt. 1377) 274
23
Impersonating a Lawyer
 It is a crime to impersonate a lawyer in whatever form S22(1) of LPA
 Various ways of impersonating a lawyer are:
o Appearance in court
o Preparation of land instruments for a fee
o Usage of title exclusive to the profession
o Affixing of the NBA membership stickers etc
2018 GUIDELINES SET OUT BY THE LPPC for application to the rank of SAN.
• 10 years post call
• Good character and no pending disciplinary case
• Payment of non-refundable processing fee of N600,000 for each application upon
submission and processing conferment fee of N200,000.
• At least 4 of the cases should be from the Supreme Court or 3 cases conducted by the
applicant from the High Court to Supreme Court, 5 from the Court of Appeal and 20
should have been decided by the High Court or Superior Court of Records.
• Evidence of pro bono cases
Physical Inspection of the Law Office
 Physical inspection of applicant’s law offices shall also be carried out by the committee
to ensure that it meets the desired standard.
 Size and quality of the library;
 Quality of office space and other facilities available;
 Number of junior counsel or partners in chambers;
 Number and quality of support staff;
 Maintenance of proper books of accounts.
 The applicant must furnish names of six legal practitioners who led him/her or against
whom he appeared in contested cases.
 The applicant must furnish names of ten judges of superior courts before whom they
appeared.
24
WEEK 5: (i) APPOINTMENT AND DISCIPLINE OF JUDICIAL OFFICERS;

(ii) DISCIPLINE OF LEGAL PRACTITIONERS
CONTENTS
1. Appointment of Judicial Officers
2. Removal of Judicial Officers
3. Grounds for removal of Judicial Officers
4. Types of professional offences by lawyers
5. Punishment of lawyers for professional misconduct
6. Re-instatement of a lawyer’s name and cancellation of suspension
7. Disciplinary jurisdiction of the Supreme Court and the Chief Justice of Nigeria
OUTCOMES
1. Explain the qualification and procedure for the appointment of Judicial Officers
2. Discuss and explain the grounds and procedure for disciplining judicial officers
3. Explain and discuss the legal framework, rules and procedure for the enforcement of
discipline against legal practitioners
4. Explain the professional sanctions for the professional offences
5. Explain the grounds for re-instating the name of a legal practitioner and the cancellation of
the suspension
Pre-class activities
Students should read in advance the following:
1. The Constitution
2. Code of Conduct
3. Case Law on the discipline of Judicial officers
4. Revised National Judicial Council Guidelines and procedural rules for appointment of Judges
and Kadis
5. Code of conduct for Judicial Officers of the Federal Republic of Nigeria
6. Sections 12 and 13 of Legal Practitioners Act.
7. The case of Elelu-Habeeb & Another v. A. G. Federation & Others (2012) 13 NWLR
(Pt. 1318) 423.
ACTIVITIES IN CLASS
1. Tutor gives overview of the procedure for the appointment and removal of Judicial Officers
– 40 minutes
25
2. Group discussion on the procedure and grounds for removal of judicial officers – 20 minutes
3. Students in groups are to prepare Curriculum Vitae for appointment as judicial officers taking
into consideration the provisions of the 1999 Constitution and the Guidelines for the
appointment of Judicial Officers – 30 minutes
4. Sample presentations of activities 2 and 3 – 30 minutes
5. Discussions between tutor and students of the case of Elelu-Habeeb & Anor v. A. G.
Federation & Others (2012) 13 NWLR (Pt. 1318) 423 on the procedure for disciplining
and removal of judicial officers – 50 minutes
6. Questions and answers- 10 minutes
15 MINUTES BREAK
7. Tutor gives overview of the legal framework, rules and procedure for the enforcement of
discipline against legal practitioners including the sanctions, appeals and grounds for
restoration of a name – 50 minutes
8. Tutor discusses with students the disciplinary jurisdiction of the Supreme Court and the Chief
Justice of Nigeria – 20
9. Group discussion on the legal framework, rules and procedure for the enforcement of
discipline against legal practitioners- 20 minutes;
10. Group discussion on proceedings and trial of a lawyer before the LPDC –20 minutes
11. Group presentation - 20 minutes
12. Assessment – 10 minutes
APPOINTMENT OF JUDICIAL OFFICERS

INTRODUCTION
• Meaning of Judicial officers
S318 CFRN provides, "Judicial office" means
i. the office of CJN or a JSC,
ii. the President or a JCA,
iii. the office of the CJ or a J of the FHC, NIC
iv. the office of the CJ or J of the HC of the FCT, Abuja,
v. the office of the CJ of a State and J of the HC of a State,
vi. a Grand Kadi or Kadi of the SCA of the FCT, Abuja,
vii. a President or J of the CCA of the FCT, Abuja,
viii. a Grand Kadi or Kadi of the SCA of a State;
and a reference to a "judicial officer" is a reference to the holder of any such office.
26
NB Magistrates, Judges of Area Courts and Customary Courts are not judicial officers. They are
under the supervision of the High Courts and employed by the state Judicial Service
Commission.
QUALIFICATION FOR APPOINTMENT
SN COURT SECTION (CFRN) QUALIFICATION

(YEARS)
1 SC S231(3) 15
2 CA S238(3) 12
3 FHC S250(3) 10
4 NIC S254B (3) 10
5 HC FCT S256(3) 10
6 SCA FCT S261(3) 10
7 CCA FCT S266(3) 10
8 SHC S271(3) 10
APPOINTING AUTHORITIES
i. National Judicial Council (NJC); main body that recommends judicial officers for
appointment or removal.
ii. Federal Judicial Service Commission (FJSC); advises the NJC on the appointment and
removal of judicial officers of Federal Courts including CCT.
iii. Judicial Service Committee of the FCT; recommends to the NJC to appoint, promote
and exercise disciplinary control over FCT Courts.
iv. State Judicial Service Commission (JSC); advises the NJC to appoint, dismiss, and
exercise disciplinary control over state courts.
v. The President; having received the recommendation of the NJC, the President appoints
the CJN, JJSC, PCA, JJCA, CJ FHC, P NIC, G Kadi, P CCA all subject to confirmation
by the senate. However, the appointment of other federal and FCT judges and justices
aren’t subject to senate confirmation.
vi. The Governor of a State; based NJC recommendation appoints the CJ, G Kadi and P
CCA subject to confirmation of the HA but the appointment of other judges is not subject
to the confirmation of the HA.
PROCEDURE FOR APPOINTMENT

Guidelines for appointment of Judicial Officers as in the Revised NJC Guidelines and
Procedural Rules 2014.
• The steps are
1. Notice of intention to appoint specific no. of judges is sent rule 2
27
a. State Court – Chairman of SJSC to Governor and copy to Secretary, NJC

b. Court of FCT - Chairman of JSC of FCT to CJN/Chairman of NJC and copy to
Secretary, NJC
c. Fed Courts - Head of the Federal court to CJN/Chairman of FJSC and copy to the
Secretary of NJC
2. Secretary, NJC advises CJN/Chairman NJC on number of Judges that can be appointed
3. Chairman NJC considers the advice and sends notice in writing to the person in No. 1 on
the fate of the exercise rule 2
4. Upon receipt, SJSC/JSC of FCT/FJSC calls for expression of interest from, and request
for nomination of suitable candidates
5. Chairman of SJSC/JSC of FCT/FJSC makes provisional short list of candidates,
Circulate the shortlist and request for comments
6. Chairman of SJSC/ JSC of FCT/ FJSC places provisional shortlist to the SJSC/ JSC of
FCT/ FJSC for approval
7. NJC Form A is sent to shortlisted candidates to fill and return with specified attachments
8. Form is filled and returned to the Chairman of SJSC/ JSC of FCT/ FJSC with the
documents attached to it
9. Chairman of SJSC/JSC of FCT/ FJSC tables a memorandum on each shortlisted
candidate before the SJSC/ JSC of FCT/ FJSC for consideration with the following
documents:
o Completed NJC Form A with the documents attached

▪ Comments from the Judicial Officers, and NBA branches of the State
▪ Petitions or protests against any shortlisted candidate
▪ Certificate of Fitness of each shortlisted candidates obtained from government
hospital
▪ Full SSS report on each candidate
10. SJSC/ JSC of FCT/ FJSC meets and decides on the names of the candidates to be
recommended to the NJC
o The decision of the SJSC/ JSC of FCT/ FJSC shall be contained in the minute of its
meeting
11. Chairman of SJSC/ JSC of FCT/ FJSC recommends candidates to NJC via memorandum
o Memorandum shall state:

– That Guidelines for appointment of Judges have been duly complied with
– Particulars of candidates previously presented to NJC for appointment
o The Memo to be accompanied with:
i. Minute of meeting of the SJSC/ JSC of FCT/ FJSC
ii. All documents and materials considered by SJSC/ JSC of FCT/ FJSC before
nominating the candidates
iii. Proof of establishment of the particular court seeking the appointment
iv. Proof of adequate capital vote in the current budget of the court
28
v. Proof of availability of accommodation, court hall, car, library and other facilities
for the Judicial Officers sought to be appointed
vi. A chart showing essential particulars of shortlisted candidates
12. Secretary of NJC shall consult with CJN/Chairman of NJC and place the memo on the
agenda for next NJC meeting
13. NJC conducts an interview for the shortlisted candidates
14. NJC shall, if satisfied that the rules relating to appointment of Judicial Officers have been
complied with, recommend successful candidates for appointment to the Governor or
President
15. Governor/President appoints Judicial Officer, and send it for approval by the State House
of Assembly/Senate
16. The House of Assembly/Senate ratifies the appointment.
SOME INFORMATION TO BE SUPPLIED BY THE CANDIDATE

They are:
i. Particulars of contested cases handled at the HC, CA, and SC
ii. Particulars of papers written
iii. Details of Annual Bar Conference attended
iv. Name of the Branch of the NBA he/she belonged
v. Evidence of payment of practicing fee for five consecutive years preceding the
date of the nomination
DISCIPLINE OF JUDICIAL OFFICERS

• Body responsible;
– NJC takes disciplinary actions against Judicial Officers: Paragraph 21, 3rd Sch.
CFRN
REMOVAL/ DISCIPLINING OF JUDICIAL OFFICER
Generally, they cannot be removed except on the constitutional grounds stated in S292 CFRN
which are:
1. Misconduct; abuse of office, recklessness in the use of judicial powers, etc. AG Cross
River v Esin
2. Breach of Code of Conduct; Code of Conduct for public officers, Code of Conduct for
Judicial Officers. For instance, Failure to declare his assets or False statement in the
declaration of personal involvement in private business, etc
3. Inability to discharge his functions due to infirmity of mind or body; Insanity,
Physical disability or other form of ailment that prevents the Judicial Officer from
discharging his duties
4. Attainment of age of retirement
DISCIPLINARY ACTIONS THAT CAN BE METTED TO JUDICIAL OFFICERS

• They are:
29
i. Warning
ii. Suspension
iii. Compulsory retirement and
iv. Recommendation for dismissal from office
PROCEDURE FOR DISCIPLINING AND REMOVAL OF JUDICIAL OFFICER

Judicial Disciplinary Regulations 2017.
• Judicial Officer not to be removed from office before retirement, except as permitted by
the Constitution, S292(1) CFRN
• Procedures are:
1. Complaints are sent to the NJC headed by the CJN (must be within six months of the
incident complained about except if it’s continuous but must be six months after it ended)
• Accompanied by a verifying affidavit

2. NJC sets up a Preliminary Complaint Assessment Committee (PCAC) to investigate the
allegation Reg 17
3. If a case is established, it is referred to the council which will send a copy to the Judicial
Officer concerned notifying him of the allegation and he has 14 days to reply Reg 17
4. If allegation is proved, NJC would take the appropriate disciplinary action
5. If NJC recommends removal, Governor/President would remove the Judicial Officer
from office
6. If Judicial Officer is head of any court, two third majority vote of House of Assembly or
senate would be required to remove the Judicial officer
NB: only upon the recommendation of the NJC can a judicial officer be removed by either the
president or the governor, thus the purported removal by the states’ HA and the governors of
Kwara and Kogi were held illegal by the SC in the cases of Erelu-Habeeb v NJC and Ajana v
Kogi State House of Assembly & Ors respectively.
DISCIPLINE OF LAWYERS
INTRODUCTION
• A lawyer should observe a high standard of professional conduct
• A lawyer shall not engage in any conduct which is unbecoming of a legal practitioner, r1
RPC, 2007
LEGAL FRAMEWORK FOR DISCIPLINE OF LAWYERS
i. Legal Practitioners Act
ii. Rules of Professional Conduct 2007
iii. Legal Practitioners Disciplinary Committee Rules, 2006
iv. Evidence Act, 2011
v. Legal Practitioners (Amendment) Act
30
BODIES SADDLED WITH RESPONSIBILTY TO DISCIPLINE

i. Legal Practitioners Disciplinary Committee, S.11 LPA
ii. Supreme Court, S13(1) LPA
iii. The Chief Justice of Nigeria, S13(2) LPA
iv. Disciplinary Committee of NBA
OFFENCES THAT CAN BE PUNISHED

• Four, to wit: S12 (1) (a) – (c) LPA
o Infamous conduct in any professional respect
o Conviction by any Court in Nigeria for offences incompatible with the status of a
legal practitioner
o Obtaining enrolment by fraud
o Conduct incompatible with the status of a legal practitioner
INFAMOUS CONDUCT IN A PROFESSIONAL RESPECT

• Meaning:
o NBA v Alabi; infamous conduct in professional respect is an act or omission which
in the opinion of the LPDC is such that will bring the legal profession into disrespect.
o A serious infraction of acceptable standard of behaviour or ethics of the profession,
M.D.P.D.T v. Okonkwo (2001) 7 NWLR (Pt. 711) 206
o Act or omission, which in the opinion of the LPDC is such that will bring the
profession into disrepute, NBA v. Mabawonku (2013) 15 NWLR (Pt. 1378) 603
LPDC
• Elements;
o Done in the course of a lawyer rendering legal services to a client, if not action will
fail Re Idowu, the money received wasn’t in the course of his duties as a LP
• Conducts held infamous include:

o Misappropriation of client’s money, NBA v Edu (2006), received rent on behalf of
his client but never paid it to the landlord. Instead, he paid part to the landlord as part
of his own rent. He later agreed to pay back but then issued a dud cheque which
bounced for insufficient fund. Found guilty of infamous conduct in a professional
capacity.
o Obtaining secret commission out of purchase money payable by client, Re Lowe &
Le Richie 1978 LT JO 226
o Recovered debt for client but refused to pay over to the client, held liable Ndukwe v
LPDC.
31
o Received money on behalf of client and misappropriated same, held liable Charles
Okike v LPDC.
CONVICTION FOR OFFENCE INCOMPATIBLE WITH THE STATUS OF A LEGAL
PRACTITIONER
• Conditions:
o Offence committed is incompatible with the status or position of a legal practitioner
o Lawyer is tried by court with jurisdiction to try the offence in Nigeria
o Found guilty of the offence
o No pending appeal
o Time for appeal has expired
o No application for extension of time to appeal
• Offences that qualified include:

o Offences involving financial dishonesty Sagoe v. R paid N10k misappropriated N3k,
convicted and name struck out of the roll (1964) 1 ALL NLR 290; R v. Abuah forged
the letter of authority of his client and received his money, convicted for stealing,
forgery and uttering, name struck out (1962) 1 ALL NLR 279
o Offences that endanger the welfare of human beings or society e.g., Dealing with
Indian hemp, cocaine, armed robbery
o The argument of autrefois convict was rejected by the FSC in R v Abuah, per
Ademola CJF.
OBTAINING ENROLMENT BY FRAUD

• To be enrolled, these conditions must be met Ss. 4 & 7 LPA
o Nigerian citizenship (no longer essential)
o Possession of qualifying certificate from the Nigerian Law School
o Good character
• Such conducts include:

o Forged law degree certificate
o Misrepresentation by an alien who obtained enrolment under regulation by Fed. A.
G.
CONDUCT INCOMPATIBLE WITH THE STATUS OF LEGAL PRACTITIONERS

• Misconduct that does not fall within infamous conduct but brings disrepute or dishonour
to the legal profession
• Such conducts include:
o Habitual drunkenness in public
o Using very foul language in public
32
SUBMISSION OF ORIGINATING APPLICATION S4 LPDC RULES, 2020

1. Complainant shall forward Written Complaint to any of: R4(1) LPDC
i. CJN
ii. AGF
iii. President of CA/ Presiding Judge of CA
iv. Chairman, Body of Benchers
v. President, NBA or Chairman of a State Branch
vi. LPDC
vii. CJ HC of the State or the FCT or FHC or AG of a State (these are omitted in
the 2020 rules, could it be typo?)
2. The person that receives the complaint shall within 30 days forward it to the LPDC,
R4(2)
3. An application shall be sent to the named office R4(3)
4. The originating application must be supported by r4(4)
i. a statement of the allegation or complaint of misconduct,
ii. an affidavit of facts setting out the allegations, the facts and matters supporting
the originating application and each allegation contained within it and
iii. exhibiting the documents relied upon by the applicant.
5. If application is made by the NBA, it must be accompanied by r4(5)
a. Sufficient copies of the application and supporting docs to enable the committee
to retain 6 complete sets and to serve one complete set on each respondent
b. A time estimate for the substantive hearing; and
c. A schedule of the association’s costs incurred up to and including the date on
which the originating application is made.
6. If the application is by a lay person, r4(6)
a. 3 copies of the originating application
b. Supporting docs
c. Further copy for each of the respondents
CERTIFICATION OF CASE TO ANSWER R5

1. Where an application is made the following happens
• Following the direction of the chairman, it shall be considered by one member of
the committee to decide whether there is a case to answer, r5(1)
• If convinced that there’s a case to answer, then he must so certify r5(2)
• If he is minded not to certify or the allegations or part of them aren’t clear, then a
three members panels can be constituted to consider it, of which he can be a
member r5(3)
• If the panel decided that there is no case to answer, they can dismiss it without
inviting either applicant or respondent but must explain the reasons in writing to
the applicant r5(4)
• If the panel decided that there is a case to answer on all or any of the allegations,
the secretary must serve each of the respondents with the docs as outlined in r4.
33
SUPPLEMENTARY STATEMENTS RULE 6

1. Subject to r4, an applicant can send supplementary statements (SS) containing additional
facts or matters r6(1)
2. It must be supported by an affidavit setting out the new allegations, facts or matters r6(2)
3. If the SS is by the NBA, it must provide r6(3)
a. Sufficient copies of the SS on oath and supporting docs to enable the committee
retain six complete sets and to serve a complete set on each respondent
b. A revised schedule of the association’s costs incurred up to the date the SS was
sent
c. Any proposed direction for the future progression of the case, including any
proposals to vary any existing directions.
4. If by a lay person; r6(4)
• Sufficient copies of SS
• Supporting documents to enable committee retain six complete sets and to serve
on each respondent
5. It must be with leave of the committee if; r6(5)
• More than 6 months from the date of initial application
• Less than 30 days before date of substantive hearing
6. Rule 5 applies where SS contains additional facts or matters, the applicant intends to rely
on r6(6)
PARTIES TO PROCEEDINGS RULES 7

1. Parties in the proceedings before the LPDC shall be: r7(1)
• The applicant
• The respondent
• Any other person required by the LPDC or by the leave of LPDC to join
2. Every party to the proceedings shall be entitled to be heard by the LDPC either personally
or through a counsel of his choice r7(2).
• Appointment of counsel r8
• Evidence in general r9
• Written evidence r10
• Previous findings of record r11
• Hearing day and service of notice etc. r12
• Hearing in absence of party r13
• Re-hearing r14
• Adjournment for association to investigate r15
• Appearance by members of the LPDC r16
• Giving of false evidence r17
• Proceedings and pronouncement of decision r18
• Adjournment r19
34
• Written address r20

• Findings of not guilty r21
• Finding and direction if found guilty r22
• Finding not amounting to infamous conduct r23
• Revocation of finding r24
• Costs r25
• Gazette publication r26
• Record of proceedings r27
• Dispensing with rules r28
• Extension of time r29
• Exhibits and books kept by secretary r30
• Fees r31
• Repeal r32
PUNISHMENT FOR PROFESSIONAL MISCONDUCT

• Four types of punishment S12 (1) LPA & R22 LPDC Rules:
o Strike off that lawyer’s name from the roll of legal practitioners kept by the Chief
Registrar NBA v. Ndu, R v Abuah
o Suspending the lawyer from practicing law for specified period
o Admonition or caution of the lawyer
o Order the lawyer to refund money or hand over documents in his possession
• Striking off the lawyer’s name from the Roll cannot be punishment for conducts
incompatible with the status of a legal practitioner
APPEALS
• Currently, appeal from the decision of the LPDC goes to the Supreme Court S10(e) LPA
(Amendment) Decree 21 of 1994; S. 12(7) LPA & Okike v. LPDC (No. 2) (2005) 15
NWLR (PT. 949) 471
• Appeal to be filed not later than 28 days from the date a copy of the decision of LPDC
is served on the lawyer
RESTORATION OF NAME/ CANCELLATION OF SUSPENSION
• Application for restoration of name or cancellation of suspension shall be made to: S14
LPA
o SC, if the order was made by it or by the CJN
o LPDC, in any other case
CONDITIONS FOR RESTORATION OR CANCELLATION
• Three factors to consider as set out Per Elias CJN in R v Abuah, are:
o Gravity of the offence necessitating the striking off or suspension
35
o Sufficient evidence of genuine remorse by applicant for the period between striking
off/suspension and application
o Whether the applicant has in the intervening years become fit and proper to be
reincorporated as a member of the legal profession
o R. v. Abuah; Adesanya v. A.G Fed
DISCIPLINARY JURISDICTION OF THE SUPREME COURT

• Supreme court has original disciplinary jurisdiction over lawyers where:
o It is seized of a matter or
o The matter was before another court of record in Nigeria
o A professional misconduct is committed by the lawyer in the course of handling the
matter
• The decision of the Supreme Court shall: S13 (1) LPA
o It can give all the punishments available for professional misconducts
o Take effect immediately
o The decisions of the SC are published in the Federal Government Gazette
• Exception - admonitions
DISCIPLINARY JURISDICTION OF THE CHIEF JUSTICE OF NIGERIA
• The CJN has original jurisdiction to punish lawyer for professional misconduct
• The power is limited to suspension of lawyer pending the determination of the charge by
LPDC, S13(2) LPA
• It can be exercised only:
o Where a charge is pending before the LPDC or
o There is a likelihood of a charge being brought to LPDC for professional misconduct
• CJN & SC should offer the lawyer opportunity to make written representations in his
defence
Specimen Letter of Application for Appointment as a Judicial Officer

Chris Ozo Agbata
No 15 Edupal Drive
Ikoyi Lagos
15 August, 2022
The Chairman
36
The State Judicial Service Commission

No 15 Alausa
Ikeja
Lagos State
Dear Sir,
APPLICATION FOR APPOINTMENT AS A JUDGE OF THE HIGH COURT OF
LAGOS STATE
I, Chris Ozo Agbata, hereby apply to be appointed as a Judge of the High Court of Lagos State.
I was called to the Nigerian Bar in the year 1992 and was enrolled in the same year.
I have cogent experience in Legal practice as a Principal Partner with C.O. Agbata & Company,
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,
………………...
Chris Ozo Agbata
ENCL:
1. Call to Bar Certificate
2. Receipts of payment of practicing fees
3. Bachelor of Laws (LL. B) Certificate
4. Curriculum vitae.
37
WEEK 6 - LAWYER’S DUTIES TO CLIENTS

CONTENTS
1. Dedication to clients’ matter
2. Duty to accept brief
3. Conflict of interest
4. Representing client within the bounds of law
5. Representing client competently
6. Professional negligence by lawyers
7. Privilege and confidence of the client (including the mandatory provisions of sections 6,
7 & 8 of the Money Laundering (Prohibition) Act 2011). However, note provisions of
S.6 Money Laundering (Amendment) Act 2012 and the case of NBA vs. A. G. Federation
and CBN Suit No. FHC/ABJ/CS/173/2013
8. Lawyer as witness for a client
9. Responsibility for litigation
10. Withdrawal from employment
11. Dealing with clients’ property
12. Calling at a client’s house for instructions
13. General duties of lawyer to client
14. Change of counsel by client
OUTCOMES
At the end of this lesson students would be able to:
1. Discuss and explain the lawyer’s duties to the client (14 – 25);
2. Explain the various duties owed a client by the lawyer [26 - .
Pre – class activities
1. Students to read Rules 14-25 of the Rules of Professional Conduct 2007 in advance
2. Students read Rules 26 – 29 of the Rules of Professional Conduct 2007 in advance
3. Students are to read sections 6 – 8 of the Money Laundering (Prohibition) Act 2011 in
advance
ACTIVITIES IN CLASS
1. Brainstorming with the students on the sub – topics and tutor gives an overview of numbers
1 to 14 in the Contents – 2 hours
15 MINUTES BREAK
38
2. Group discussion of items 1 to 8 in the contents – 20 minutes

3. Group presentation of matters discussed in activity 2 --- 20 minutes
2. Group discussion of items 9 to 14 in the Contents – 20 minutes
3. Group presentation of matters discussed in activity 4 --- 25 minutes
4. Assessment and evaluation – 15 minutes
B. Relation with Clients DRR CAP LWC DRI

• Rule 14: Dedication and devotion to the cause of the client.
• Rule 15: Representing client within the bound of the law.
• Rule 16: Representing client competently.
• Rule 17: Conflict of interest.
• Rule 18: Agreement with client.
• Rule 19: Privilege and confidence of a client.
• Rule 20: Lawyer as witness for client.
• Rule 21: Withdrawal from employment.
• Rule 22: Calling at client’s house or place of business.
• Rule 23: Dealing with client’s property.
• Rule 24: Responsibility for litigation.
• Rule 25: Investigation of facts and production of witness.
PROFESSIONAL NEGLIGENCE BY LAWYERS

S9(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 and any contractual provision
to that effect is void. Subsection (2) creates the exception that it doesn’t apply to pro-bono
matters. Subsection (3) adds that they may also be exempted if a rule of court so provides and
applies to conduct of proceedings in the face of any court, tribunal or any other body.
• Nature of Professional Negligence:
1. Legal Advice: lawyers are expected to be careful in rendering legal advice to clients. 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: Bello Raji v. X, in the case, action
statute barred but LP insisted on it. Searches, preparation of legal documents and other
related transactions require extreme caution, 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.
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- S9(3) LPA.
39
FIDUCIARY RELATIONSHIP
The relationship between the lawyer and his client is fiduciary in nature, a position of trust,
therefore lawyer should at all times act in utmost good faith, being honest, fair and open in
dealing with his client. He mustn’t commit fraud NBA v Fobur nor fail to make full disclosure
of any profit from client’s matter asides his professional fees Swindle v Harrison.
DEDICATION AND DEVOTION TOTHE CAUSE OF THE CLIENT, RULE14
A lawyer is duty bound to devote his attention, energy and expertise to the service of his client
and subject to any rule or law to act in a manner consistent with the best interests of the client
r14(1).
A lawyer is under an obligation to r14(2)
i. consult with his client in all questions that are not within his discretion. e.g., settlement
out of court, granting concessions to the opposing party
ii. keep client informed on the updates of the case
iii. warn his client of any risks involved in the case
iv. respond promptly to client’s requests
v. inform the client where he considers his claim or defence hopeless
REPRESENTING CLIENT WITHINTHE BOUNDS OF LAW, RULE 15

A lawyers first duty is to uphold the law, this supersedes his duty to his client, therefore he must
refuse to participate or aid conducts that are unlawful r15(1).
In his representation of his client a Lawyer must keep strictly within the law notwithstanding
any contrary instruction from the client, Where the client insist on perpetrating illegality, he must
withdraw his employment r15(2).
REPRESENTING CLIENT COMPETENTLY, RULE 16
A lawyer shall not
a. Handle a legal matter which he knows or ought to know that he is not competent to handle
without associating with a lawyer competent to handle it unless the client objects.
b. Handle a legal matter without adequate preparation
c. Neglect or abandon a legal matter entrusted to him
d. Attempt to exonerate himself from or limit his liability to his client for his personal
malpractice or professional misconduct
CONFLICT OF INTEREST, RULE 17

1. A lawyer shall disclose to his clients all the circumstances of his relations with the parties,
and any interest in or connection with the controversy which might influence the client
in the selection of the lawyer
2. Except with the consent of his client he is not allowed to accept such matter where his
personal, proprietary, financial or business interest conflicts. For example, he can’t rep
another client in same matter that he represented his client previously. However,
40
Onigbongbo Community v Minister of Lagos Affairs is the authority for saying that a
lawyer can rep a party opposing his client in a separate and unrelated suit as clients have
right of choice of counsels per Ademola CJN. However, Obi Okoye submits that such
a counsel should follow r17(1) and make a full disclosure to the new client and proceed
with his consent.
3. A lawyer shall not acquire proprietary interest in the cause of action or subject matter of
litigation of litigation which he is conducting for a client.
4. During the course of a matter, he cannot accept employment that could cause clash of
interest
5. A lawyer shall not appear as counsel for a client in a matter where he himself is a party.
6. The above rules also extend to the lawyer’s associates, partners and affiliates, none of
them should continue with such matter if he withdraws
AGREEMENT WITH CLIENT RULE 18

A client is free to choose a lawyer of his choice and dispense with him but must have perfected
instructed and the counsel is entitled to his fees on quantum merit Aburime v NPA.
A lawyer should ensure that his agreement with client is as far as possible reduced into writing
but regardless he should ensure to honour all agreements with clients
PRIVILEGE AND CONFIDENCE OFTHE CLIENT RULE 19 and S192 EA
All oral or written communications made by a client in the normal course of professional
employment are privileged. And cannot be communicated or revealed to a third party by the
legal practitioner.
The Scope
• May not reveal client’s secret
• Use the confidential information to the disadvantage of the client
• Or to his or a third party’s advantage except with client’s consent
• S193 E.A, provides that the above provisions shall apply to interpreters and the client of
the legal practitioner.
Exceptions:
• May reveal with the consent of the client after a full disclosure.
• When it is permitted by the RPC, when required by law (e.g., S7 of the Money
Laundering (Prohibition) Act, 2011) or a court order.
• When the confidence is about the commission
• Intention of client to commit crime and disclosure is necessary to prevent it.
• A lawyer may reveal such communication when it is necessary to recover his professional
fees
• He may also reveal when defending himself or associates against an action of wrongful
conduct or negligence.
41
LAWYER AS WITNESS FOR A CLIENT RULE 20

A lawyer should not accept to act in any contemplated or pending case if he knows or ought to
reasonably know that he or a lawyer in his firm may be called or ought to be called as a witness
in the case.
Exceptions:
• If the testimony relates solely to an uncounted matter i.e., non contentious matter.
• Where the testimony relates solely to a matter of formality and does not require
substantial evidence to oppose it e.g., a testimony as to the procedure for tendering
document.
• Where the testimony relates solely to the nature and value of legal services rendered in
the case by the lawyer or his firm to the client.
• But he may testify where the matter relates to the issues listed under subsection 2
• But under subsection 5 he can testify for other parties and continue to represent his client
except where his testimony will be prejudicial to his client’s case r20(5)
WITHDRAWAL FROM EMPLOYMENT RULE 21

It is the duty of a lawyer not to withdraw from employment once assumed except for just cause.
r21(1)
He may withdraw from employment where; r21(2)
• Conflict of interest between lawyer and client
• The client insists on an unjust or immoral course in the conduct of his case e.g., he wants
the Lawyer to bribe a judge.
• If he persists in pressing a frivolous case against the lawyer’s advice.
• If the client deliberately disregards an agreement or obligation to pay fees or expenses
A lawyer who is withdrawing from employment should give reasonable notice to the client to
enable him get another lawyer r21(3)
If the withdrawal occurs after full payment of fees, the lawyer should return the part of the fee
that has not been earned r21(4)
CALLING AT CLIENT’S PLACE FORBUSINESS RULE 22
A lawyer should not call at a client’s house or place of business for the purpose of advising or
taking instructions. Exceptions: special circumstances or urgency e.g., extreme old age,
infirmity, client is in custody etc.
DEALING WITH CLIENT PROPERTY RULE 23
A lawyer is enjoined not to abuse or take advantage of the confidence reposed in him for his
personal gain or benefit r23(1)
A lawyer who collects money or manages property for his client should report and account for
it promptly and not mix it or use it as his own r23(2)
42
RESPONSIBILITY FOR LITIGATION (DUTY TO ACCEPT BRIEF OR CAB RANK

RULE) RULE 24
Lawyers are duty bound to accept brief relating to the area in which they practice, provided the
right fee is paid, except there are exceptional circumstances to the contrary e.g., conflict of
interest, contrary to his religious or moral believe.
It is the duty of lawyers to decide the case to bring to court for the claimant and the cases he will
contest for the defendant. He will be personally liable if he brings questionable actions or offers
questionable defence or advice, he will not be absolved on the basis of following client
instruction r24(2).
Exceptions:
• Its not within his scope of practice r24(1)
• If adequate fee is not paid r24(1)
• Personal interest r24(1)
• Religious belief r24(1)
• If matter is to injure opposite party or work oppression r24(3)
• Conflict of interest NBA v Koku
• He is a party to the suit r17(5)
• He is likely to give evidence r20(3)
INVESTIGATION OF FACTS AND PRODUCTION OF WITNESS, ETC RULE 25

• A lawyer may interview an opposing witness without the consent of the opposing counsel
but shall not take action calculated to secrete a witness
• He shall not bargain witness on contingency fee but can sort reasonable expenses
incurred in the process of giving the evidence
• He may advertise for witness but not to testify to a particular version
• He should not abusive or unfair or ask insulting questions to witnesses
ASSIGNMENT
DUTIES OF COUNSEL TO CLIENT SCENARIO.
Alhaji maikudi is a well known philanthropist who owns many properties at Wuse II, Abuja. He
discovered that some of his tenants have refused to pay rents for more than 2 Years. He decided
to engage the services of Mr. Chinedu Okoro, a legal practitioner to take over the management
of the properties. He therefore sent for Mr. Chinedu Okoro to come to his palatial home at
Asokoro, Abuja. Mr. Chinedu immediately rushed to see Alhaji Maikudi who briefed him and
handed over the file containing the list of the tenants and other information to him.
Immediately after leaving Alhaji Maikudi's house, he went straight to his friend Abbey and
narrated everything that transpired between him and Alhaji, he even showed him the contents of
the file. He thereafter, solicited the help of Abbey a police officer to forcefully evict all the
tenants from the properties. Upon hearing this, Mrs Cash Madam one of the tenants went to see
43
Mr. Chinedu Okoro and gave him the sum of Two Hundred Thousand Naira in order to allow
her continue to use the premises without paying, Mr. Chinedu, accepted the money and then
instructed Abbey not to evict Mrs. Cash Madam.
The following week, one of the tenants named Mr. Bello, a spare part dealer, sued Alhaji Maikudi
for forcefully evicting him when his rent was yet to expire and claimed damages for the goods
that were destroyed during the eviction. At the hearing of the case, Mr. Chinedu Okoro
represented Alhaji Maikudi and he was also the only witness at the hearing. However, before the
conclusion of the case, Mr. Chinedu in the open court announced his decision to withdraw from
the case on the ground of non-payment of professional fee.
With the aid of statutory and judicial authorities carefully highlight the ethical issues in the
scenario.
44
WEEK 7 – (i) ADVERTISEMENT AND IMPROPER ATTRACTION OF BUSINESS;

AND (ii) CORRUPTION ISSUES
CONTENTS
1. Advertisement and soliciting and other illegal means of attracting business by a lawyer.
2. Use of agents and touts to attract business
3. Involvement in corruption by lawyers
OUTCOMES
At the end of the lesson, students will be able to:
1. Explain the meanings of advertisement and soliciting and other illegal means of attracting
business by a lawyer.
2. Identify and discuss specifically what aspects of the legal system are affected by corruption
and how these encourage or influence lawyers to behave in corrupt or unethical ways;
3. Suggest specifically what lawyers could do to make the legal system to be free from
corruption
ACTIVITIES IN CLASS
1. Tutor moderates discussions by students in class on outcomes 2 and 3 – 30 minutes
2. Assessment -10 minutes
15 Minutes Break
3. Tutor gives an overview of the meaning of advertisement and solicitation and discusses the
scope of proper and improper attraction of business under the Rules of Professional conduct.
Tutor presents this overview with the aid of real precedents like newspaper cuttings on
advertisement, solicitations etc and case studies/quizzes – 30 Minutes;
4. Students are grouped (not more than 6 in a group) to present a debate for and against: “In
reality there is no difference between advertisement and solicitation by the lawyer under the
Rules of professional conduct.” Tutor guides the groups to present their debates using PRES
(P- Point of View; R- Reason/Ground for the view; E- Evidence/Example for the point of
view; S- Summary or conclusion). As much as possible each student in a group would speak
within the groups’ presentation plan using PRES. The groups prepare their presentations.
Tutor to give time-limit for each presentation and be the time keeper during the presentations
- 15 minutes
5. The Debate- I hour
6. Discussion/Assessment – 15 minutes
45
E. Improper Attraction of Business ANSB CABPI

• Rule 39: Advertising and soliciting.
• Rule 40: Notepaper, envelopes and visiting cards.
• Rule 41: Signs and notices.
• Rule 42: Books and articles.
• Rule 43: Change of address.
• Rule 44: Associate and Consultant.
• Rule 45: Barrister’s and Senior Advocate’s robes.
• Rule 46: Press, Radio and Television.
• Rule 47: Instigating controversy and litigation.
UNACCEPTABLE MODES OF ADVERTISEMENT

Advertising And Soliciting Rule 39
LP must not engage in practice to advertise or promote such as r39(2);
a. Is inaccurate or likely to mislead
b. Is likely to dimmish public confidence in the legal profession
c. Makes comparison with or criticises other lawyers, profession or professionals
d. Statements about the quality of the lawyer’s work, size or success of his legal practice
e. Is so frequent or obstructive as to cause annoyance to those whom it is directed.
f. A legal practitioner is prohibited by the RPC from influencing to his advantage, a
prospective client’s choice of engaging a legal practitioner. This is known as improper
attraction of business.
Shall not solicit professional employment either directly or indirectly by r39(3);

a. Circulars, handbills, advertisement, through touts, personal communication or interview
b. Newspaper, radio or TV comments in relation to legal practice
c. Procuring photograph to be publish in relation to matters which he has been engaged
d. Permitting or inspiring sound recording in relation to his practice of law
e. Such similar self-aggrandisement
Press, Radio and Television Rule 46

(1) Although he is allowed to write article for publication, participate in radio or TV
programmes but he can’t accept employment of give advice on individual rights r46(1).
(2) He shall not r46(2);
a. Make any publication offering as a lawyer to undertake confidential enquiries
b. Except in legal periodicals, publish any particulars or his practice or earnings in
courts or cases where the time for appeal has not expired on any matter in which he
has been engaged as a lawyer
c. Take steps to procure the publication of his photograph as a lawyer to the press or
any periodical.
46
Instigating Controversy or Litigation Rule 47

(1) It is unprofessional conduct for a lawyer to proffer advice to bring a lawsuit, except where
ties of blood relationship or trust may render it necessary. Fomenting strife or instigating
litigation is unprofessional conduct.
(2) A lawyer shall not -
i. Search land registries for defects in title with a view to gaining employment or
litigation.
ii. Seek out claimants in respect of personal injuries and other causes of action with a
view of being employed by such prospective clients.
iii. Engage agents and others to follow up on accidents with a view to being employed
in legal capacity by next-of-kin and others.
iv. Offer reward to persons likely by reason of their own employment by corporate
bodies, Government agencies etc. to be able to influence legal work in favour of a
particular lawyer.
PERMISSIBLE MODES OF ADVERTISEMENT

Permissible modes are provided in Rules 39(1) & (4), 40-44 and 46(1) & (3) RPC.
Advertisement/promotion by LPs with practice of law is permissible in Nigeria only when r39(1)
a. it is fair and proper and
b. to the extent permissible by the RPC
Fair and proper advertisement which complies with the provisions of the RPC includes the
following:
1. Legal publication; publishing in a reputable law list or law directory, a brief of
biological or informative data of himself, including all or any of the following; name,
address, phone number, school, degrees, legal teaching position, national honours etc.,
r39(4)
2. Notepapers, envelopes and visiting cards; printing of legal practitioner’s informative
data on his office notepapers, envelopes and visitor’s cards r40
3. Signs and notices; displaying a notice of reasonable size and sober design at the entrance
of, or outside the building where the law office operates r41
4. Books and articles; adding legal practitioner’s professional qualification on any book or
article which he has written for publication r42
5. Change of address; inserting legal practitioner’s change of address, telephone number
or any other circumstance relating to his practice in a newspaper or journal r43
6. Associate and consultant; 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 r44
7. Press, radio or television; writing articles for publication, participating in radio or
television programme in order to give information on law to the public r46(1) exception;
but shall not accept to advise on their individual rights r46(1)
47
8. Adding legal practitioner’s informative data to a notice prepared by him for and on the
instruction of his client where a client has instructed him to advertise such r46(3).
CONCLUSION
• The legal profession is a conservative one. It tends to avoid showiness and thus preserve
the traditional values.
• Legal practitioners are expected to be sober in character and action.
• A legal practitioner could be held guilty of professional misconduct for improper
advertisement and attraction of business r55 RPC.
CORRUPTION ISSUES
INTRODUCTION
Corruption has several definitions. It involves dishonest or illegal behaviour especially by
persons of influence such as government officials or police officers.
Lawyer - client relationship: Corruption could mean a fiduciary use of an office to procure
some benefit either personally or for a third party, contrary to the rights of others. The legal
profession is a noble one. Thus, legal practitioners should not aid and abet corruption. Legal
practitioners should not use their fiduciary relationship with clients in the wrong direction. Thus,
they should not be involved in money laundering for their clients.
Responsibility of a LP under the Money Laundering (Prohibition) Act 2011
If in the opinion of a legal practitioner, a client’s transaction is suspicious or inconsistent with
the known transaction pattern-
• Extract information from the client as to the source of such funds and the beneficiary of
such funds S6(1)(d).
• Prepare a written report on the information extracted, and
• Send a copy of the report to the Economic and Financial Crimes Commission S6(2)(a)
&(c)
• Legal practitioner should report immediately to the EFCC any suspicious transaction of
his client S6(2)(c).
• Take steps to prevent the laundering of the proceeds of the crime or illegal transaction
S(2)(b)
• Extract information from such client and report to the EFCC whether the transaction is
completed or on-going S6(3).
• Keep the records of client’s identity for a period of at least 5 years after the lawyer - client
relationship has ended S7(a).
• Both the record of client’s identity and suspicious transaction as well as the Report to
EFCC should kept for a period of at least 5 years after such transaction has ended S7(b)
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• Transmit the records, on demand, to the Central Bank of Nigeria (CBN) or the National
Drug Law Enforcement Agency (NDLEA) and such other regulatory authorities, judicial
persons as EFCC may specify from time to time by an Order published in the gazette S8
Exclusion from Liability and Court Proceedings

A legal practitioner acting in good faith in respect of his duties under the Money Laundering Act
shall be excluded from civil or criminal liability and no proceedings (whether civil or criminal)
brought against him shall be entertained by the Court S6(10)
The CA held in the case of Central Bank of Nigeria v Registered Trustees of the NBA &
Anor [CA/A/202/2015].
• That S5 of the Money Laundering (Prohibition) Act 2011 cannot be said to be intended
for legal practitioners who have no business reporting the client/lawyer relationship to a
Minister in charge of Federal Ministry of Commerce, Trade and Investments.
• That Ss5 and 25 of the Money Laundering (Prohibition) Act insofar as it relates to legal
practitioners must give way to the provisions of Legal Practitioners Act and Rules made
thereunder.
CONCLUSION
Although all communications made by a client to his lawyer are considered privileged, r19(1)
RPC, Ss 192 and 193 EA and generally speaking, should not be disclosed, there are exceptions.
They are provided in r19(3) RPC and the Proviso to S192 EA 2011.
Although a legal practitioner is enjoined by the RPC to keep client’s confidence, the legal
practitioner shall not be absolved from liability where such secret is in furtherance of an illegal
purpose or such secret relates to a fraud that has been committed by the client.
49
WEEK 8
(i) DUTIES OF LAWYER TO COURT, STATE, COLLEAGUES AND PROFESSION;
AND (ii) CONTEMPT OF COURT BY LAWYERS
CONTENTS
1. Dressing
2. Duty to treat court with respect and dignity
3. Punctuality
4. Courtroom decorum
5. Relationship with the judge
6. Trial publicity
7. Duty to observe the rule of law, promote and foster the course of justice, and maintain a high
standard of professional (and ethical) conduct – Rule 1;
8. Corruption and economic crimes and the lawyers’ role;
9. Duty to prevent admission of unfit and unqualified persons into the legal profession and
aiding the unauthorized practice of the law - Rules 2 and 3
10. Avoidance of intermediary in the practice of the law and association for legal practice – Rules
4 and 5
11. Notification of legal practice – Rules 9 – 13
12. Lawyer as officer of Court- Rule 30
13. Employment in Criminal Cases and Lawyer for an Indigent accused – Rules 37 & 38
14. Fellowship and Precedence- Rule 26
15. Good faith and fairness among lawyers – Rule 27
16. Associating with other lawyers in matter and change of lawyer
17. Types of contempt
18. Proceedings for contempt
19. Punishment for contempt
OUTCOMES
1. Explain lawyer’s duties to the court, state, colleagues and the legal profession
2. Explain and discuss the types, purpose, procedure and punishment for contempt of court.
ACTIVITIES IN CLASS
50
1. Tutor gives overview of lawyer’s duties to court, State, colleagues and the profession - 1hr
2. Students act a role play on breach of duties to court—10 minutes
3. Discussions of the role play and duties of lawyer to the State, colleagues and the profession
--- 50 minutes
15 MINUTES BREAK
4. Tutor gives an overview of contempt of court including the procedure and punishment– 40
minutes
5. Tutor presents role plays/written scenarios/quizzes dealing with contempt and students are
grouped to discuss the role plays/scenarios and quizzes – 30 minutes
6. At plenary, presentations are made by the groups on the discussions of the scenarios, quizzes
and role plays (and discussions follow) – 40 minutes
C. Relations with Other Lawyers FGAC (Fellowship Gives All Courage)

• Rule 26: Fellowship and precedence.
• Rule 27: Good faith and fairness among lawyers.
• Rule 28: Associating in a matter.
• Rule 29: Change of lawyer.
D. Relation with the Court LDC TRL CEL

• Rule 30: Lawyer as officer of court.
• Rule 31: Duty and conduct of lawyer to court.
• Rule 32: Candid and fair dealing.
• Rule 33: Trial Publicity.
• Rule 34: Relation with Judges.
• Rule 35: Lawyer and Tribunal.
• Rule 36: Courtroom decorum.
• Rule 37: Employment in criminal cases.
• Rule 38: Lawyer for indigent accused.
DUTY OF COUNSEL TO COURT

1. Must be punctual to court: Counsel should aim to get to court about 30 minutes before
court sits to enable him compose himself and possibly rehearse with his witnesses who
should also be advised to come early to court. Where counsel for unavoidable reason
cannot be punctual, he should write to court and the opposing counsel requesting that the
case be stood down or adjourned to a reasonable time when he is sure to be in court. The
grant of such application is at the discretion of the court.
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The Court may strike out or adjourn a case with costs or proceed with hearing it without
counsel where counsel and/or his witnesses are not punctual.
2. Counsel must be fully prepared to go on with the case and not seek unnecessary
adjournment thereby wasting the court’s time. Okonofua v. State 1981; FRN v.
Abiola 1997 - Same consequences for absences as for lateness. 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 1962. Awolowo v. Suleman Takuma 1982,
Takuma v. Awolowo 1983.
Persistent absence of counsel from court without leave could be treated as interference
with the course of justice and held to be contempt of court McKeown v R 1971.
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. In Izuora v. R 1953 it was
held that mere discourtesy to court is not necessarily contempt of court.
3. Must be properly dressed to court Rule 36. Counsel should always be attired in a
proper and dignified manner and abstain from any apparel or ornament calculated to
attract attention to himself. At the Superior Courts counsel must dress in dark suits, robed
in their wigs and gowns.
MEN: Black or blue-black or charcoal grey two piece or three-piece suit, white collarless
shirt, white wing collar (size: should be one size – bigger than shirt neck size, two studs
required to hold collar to shirt) white band, black shoes.
ALTERNATIVES
(i) White shirt with wing collar attached in lieu of collarless shirt detachable wing collar.
(ii) Black and grey striped trousers in lieu of suit trousers.
(iii) Sleeved vest in lieu of coat
WOMEN: Black, blue-black or charcoal grey straight dress, skirt and blouse, or skirt and
jacket with white blouse. If the front is open, white camisole, collarets or ladies white
band, black shoes. Dress must have long or three quarters sleeves and skirt should at least
be knee length.
4. Lawyer as officer of the court rule 30

• He is an officer of the court and not conduct himself in a manner that may obstruct, delay
or adversely affect the administration of justice r30
5. Duty of lawyers to court and conduct in court rule 31

• Always treat the court with respect, dignity and honour r31(1)
• Any complaint against a JO should be channelled to the appropriate authority r31(2)
52
• Failure to comply with courts undertaking amounts to professional misconduct r31(3)

• Not discuss trying of a pending case with the JO except in the presence of the opposing
counsel except the opposing counsel is absent r31(4)
• Not deliver any letter, memo, brief or written communication to the judge without
delivering same to the opposing counsel except there is a rule of court to that effect r31(5)
• R. v. Jordan (I888)36 W.R.797 where a legal practitioner interrupted a court during the
course of judgement with the words ―This is a most unjust remark‖ he was held to have
committed contempt. See Atake v The A.G. Federation and Another (I982) II SC. I53.
6. Candid and fair dealing rule 32

• Shall always deal with the court candidly and fairly r32(1)
• Disclose any authority known to him that’s adverse to his case not disclosed by the
opposing lawyer and also disclose the clients that he’s representing except it is privileged
or irrelevant r32(2)
• He shall not when appearing before a court r32(3);
o Allude to matter that is either irrelevant or unsupported by authority
o Ask irrelevant questions to degrade a witness
o Assert his personal knowledge of facts except as witness or give opinion as to
guilt or innocence of a party
o Fail to comply with customs or courtesy or practice of bar or a particular tribunal
without notifying the adverse party
o Intentionally or habitually violate any established rule of procedure or evidence
o Knowingly misquote anything
o With the intent to mislead the court cite an overruled authority or repealed law
o Assert a fact which has not been proven or fail to reveal grounds he intends to
rely upon
o Produce evidence which knows that the court will reject
o Promote a case he knows to be false
o Do anything that may obviously amount to the abuse of court process
7. Trial publicity rule 33

• A lawyer is precluded from making extra-judicial statements that are likely to interfere
with or prejudice the fair trial or outcome in a matter which is still before the court. This
refers to both criminal and civil trials.
8. Relation with judges rule 34

• A lawyer shall not do anything or conduct himself in such a way as to give the impression
that his act or conduct is calculated to gain or has the appearance of gaining special
personal consideration or favour from a judge. A lawyer must display the utmost degree
of discretion in his relationship with the judge.
9. Lawyer and tribunals rule 35
53
• A lawyer appearing before a judicial tribunal shall accord due respect to it and shall treat
the tribunal with courtesy and dignity.
10. Must know the correct mode of addressing the judge and professional colleagues
Rule 36
• Supreme Court/Court of Appeal: My Lords.
• High Court Judge (Male): My Lord/Your Lordship
• High Court Judge (Female): My Lady/Your Ladyship NB: addressing them as
men is safer
• Magistrate (Male and Female): Your Worship. NB: Lagos State is ‘Your Honour’
S352 ACJL Lagos State, 2011 and S8 MCL Lagos, 2009.
• Customary Court Judge: Your Honour
• Tribunals: Your Lordship (or ladyship/lordship if a female.
• Legal Practitioner: My Learned Friend.
11. Must know and maintain courtroom decorum Rule 36.

i. Be properly attired and not wear something to attract attention r36(a)
ii. Conduct himself with decency and decorum r36(b)
iii. Rise when addressing or being addressed by the judge r36(c)
iv. Address all objections to the judge and not engage in any banter, arguments or
controversy with the opposing party r36(d). Note that the patience of the court is not
inexhaustible: Hon. Justice Oputa: Modern Bar Advocacy pg. 220; also, ESSO
West Africa Inc. v. Alli 1968.
v. Not engage in undignified conduct that is degrading to the court r36(e)
vi. Not remain in the bar when conducting a case in which he’s a party or giving evidence
r36(f)
vii. Not assume an undignified posture. See Discipline of Law pg. 8 where Lord Denning
stated thus: ―Whatever the tribunal, you must give good impression. Your
appearance means a lot. Dress neatly, not slovenly. Be well-groomed. Your voice
must be pleasing, not harsh or discordant. Pitch it so that all can hear without strain.
Pronounce your consonants. Do not slur your words. Speak not too fast but yet nor
too slow...My Lady / Your Ladyship.
viii. Seek the judge’s permission for almost everything you want to do in court;
o To announce yourself,
o To call and examine your witnesses,
o To refer to authorities and read passages from Law Reports.
o In drawing the attention of the Judge to some authority, you may say ―May I
refer your Lordship to …Thank the judge for everything he says in favour of your
case or to compliment you. i.e. ―Most grateful to your Lordship
12. Not talk when another counsel is addressing the court, unless to enter an objection in
the latter case.
54
13. Not read magazines, chew anything or make use of mobile phones in the view of
Court.
14. Must conduct his case in logical sequence thereby assisting the court to follow the
case with ease: In Civil cases, Plaintiff should give evidence first, then witnesses.
Defendant should lead defence witnesses. In criminal cases, complainant shall lead the
prosecution witnesses while accused, if giving evidence, would lead defence witnesses.
Note: Justice Maule‘s observations to Counsel: See Oputa: modern Bar Advocacy pg.
15. Also, Orojo: Conduct and Etiquette in the Legal Profession at pg. 65. ―Mr. Smith,
do you think that by introducing a little order into your narrative you might possibly
render yourself a trifle more intelligible? It may be my fault that I cannot follow you, but
I should like to stipulate for some sort of order. There are plenty of them. There is the
chronological, the botanical, the metaphysical, the geographical, why, even the
alphabetical order would be better than no order at all.
DUTY IN CRIMINAL CASES RULE 37

Duty of Prosecuting Counsel Rule 37 Sub Rules 4, 5 and 6.
• The primary duty of a lawyer engaged in public prosecution is not to convict but to see
that justice is done r37(4).
• A public prosecutor shall not institute or cause to be instituted a criminal charge if he

knows or ought reasonably to know that the charge is not supported by the probable
evidence r37(5).
• Should suppress facts or secrete witnesses who are capable of establishing the innocence
of the accused r37(6), also Atanda v A.G 1965, Layonu v State 1967, Odofin Bello v
State 1967, Enahoro v The State 1965. In the case of R v Sugarman, it was held that
‘the business of the State counsel is fairly and impartially to exhibit all the facts to the
jury. The crown has no interest in procuring the conviction but that the right person be
convicted”. The court warned that where counsel relies on the real strength of his case
and thinks he can strengthen it by things collateral, in a manner contrary to the law, he
only weakens his case and may prevent a verdict which ought to be obtained.
Where a prosecuting counsel is aware of any decision of the court favourable to the
accused it is impropriety of him to hide it from the court. He can however, legitimately
do any of the following:
i. If the decision is by a lower court, he may invite the court to overrule it.
ii. If by a court of co-ordinate jurisdiction, he may either distinguish it from the case at
hand or invite the court to depart from the decision (by overruling same) R v Anani.
Duty of Defence Counsel Rule 37 sub rules 1, 2 and 3 and rule 38.
55
• He shall exert himself by all fair and honourable means to put before the court all matters
that are necessary for justice but he or anyone in his law firm shall not stand or offer to
stand bail r37(1).
• In a murder trial, subject to unforeseen circumstances and payment of fees, a layer should
personally conduct the defence r37(2). In Udofia v State, it was held that once counsel
accepts instructions in a murder case, he is expected to give it priority over all other
engagements because it involves a defence of a man on trial for his life and so he should
devote himself to it.
• A lawyer assigned to defend an indigent prisoner shall not ask to be excused except for
substantial reason, but shall exert his best effort in the defence of the accused r38.
Duty when Client Confesses Guilt Rule 37(3).

Where guilt is confessed, he shall not present evidence inconsistent with it nor offer false
testimony r37(3).
A confidential disclosure of guilt does not require a withdrawal from the case. However, if the
accused who has confessed insists that he shall give evidence (of innocence) or that such positive
evidence to establish falsely his innocence shall be called, the barrister must refuse to represent
him. He cannot take part in putting forward a case which on the prisoner’s confession he knows
will be a false one supported by perjury r15(3)(f).
The plea of not guilty is a formal plea, which is merely a challenge to the prosecution to prove
its case. Since the prisoner is presumed innocent until proven guilty, and it is always for the
prosecution to prove guilt, there is no impropriety in fighting to show that the prosecution’s
evidence has fallen short of proof: that is entirely different from being party to putting before the
court a positive defence known to be false.
Even where the accused admits the guilt of the charge against him after the trial has started that
should not ipso facto discourage the defence counsel in the defence of the accused person.
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 on the part of
the prosecuting counsel or officer to the court in his address Ahmed v C.O.P 1971, Abele v TIV
N.A. (1965) N.M.L.R. 425.
As to the standard expected of a defence counsel in a murder charge, See Udo v State (1988)
(pt. 82) 316; Okosi v State (1989) NWLR 642 (pt. 100), Udofia v. The State (1988) 7 S.C.N.J
188; Queen v Uzochukwu.
DUTY IN CIVIL CASES
• Where a case is hopeless in civil litigation, a lawyer must decline to bring the action. The
lawyer must decline to conduct a civil case when convinced that it is intended merely to
harass or injure the opposite party or to work oppression’ Rules 24(3) and 24(2).
• It is an abuse of the process of court to issue a writ knowing that there is no real cause of
action and the legal practitioner may be required to pay the costs to which his client has
been put. See Cocottonpoulous v P.Z Co Ltd (1965) LLR No. 170. Also, Lyon & Ors
v Diri relating to the Bayelsa State gubernatorial election.
56
• Where litigation is advised, counsel should refrain from making bold and confident
assurances. More importantly, he should remember the rules of natural justice that the
other party has not been heard.
• Where the counsel discovers that the case is hopeless after it has been commenced, he
should advise against its continuance but if the client insists on it, it is not dishonourable
to accept the instruction Re Cooks 1889 5 LTR 407.
DUTY OF COURT TO COUNSEL

Just as a lawyer owes several duties to the Court, so also does the court have its responsibilities
towards a lawyer.
• Counsel is entitled to be accorded right of audience Salim v. Ifenkwu & Ors (1996)
5 N.W.L.R. (Pt. 450), 564.
• Court is expected to respect counsel Ezeogu v. Onwuchekwa (1997) NWLR. (Pt 502)
• Where the court unduly interferes in the conduct of a counsel’s case, the judgment
may be set aside. On this, see the following case- R. v. Clewere (1953) 37, CR App
Rep.37, Jones v. National Coal Board 1957 2 QB 55 (the Hippy Hallet Case), Okorie
v. Police 1966 LLR 134. See also Oteju & Ors v. Ologunna & Ors. (1992) 8 NWLR
(Pt. 262) 752; Akinfe v. The State (1988) 3 N W.L.R. (Pt. 85) 79; Uso v. Police (1972)
NSCC 37,
In Okoduwa & Ors v State (1988) 3.S.C.NJ. 110, a court refused a reasonable request
for adjournment and proceeded with the case without counsel. In such an instance, the
court may breach the constitutional provision of ―fair hearing‖. So also, would be the
case where the court does not allow counsel to call his witnesses or to make address.
• A Judge should be impartial and observe rules of Natural justice State v. Oyenubi
(1973) 3. U.I.L.R. Pt.1, 156.
• Note that the party that suffers when a judgment is set aside when there has been no fair
hearing is the litigant and not the judge Ozims v Anoruo (1991) 3 NWLR (Pt. 181) p.
571
• In summary, a judge is to be impartial but he is also not to sit unconcerned where
counsel’s incompetence is likely to cause injustice Eleja v. Bangudu (1994) 3 N W.L.R.
(Pt.334)534
DUTY TO EXERCISE PROFESSIONAL COMPETENCE

Section 9 LPA provides:
(1) Subject to the provision of this section, a person shall not be immune from liability for
damage attributable to his negligence while acting in his capacity as a legal practitioner,
and any provision purporting to exclude or limit that liability in any contract shall be
void.
(2) Nothing in the foregoing subsection shall be construed as preventing the exclusion or
limitation of the liability aforesaid in any case where a legal practitioner gives his services
without reward either by way of fees, disbursement or otherwise.
57
(3) Nothing in subsection (1) of this section shall affect the application to a legal practitioner
of the rules of law exempting barristers from the liability aforesaid in so far as that rule
applies to the conduct of proceedings in the face of any court, tribunal or other body.
The solicitor has a duty to devote to the client’s business that reasonable care and skill to be
expected from, a normally competent and careful practitioner.
Degree of “Care and Skill” – “No attorney is bound to know all the law. God forbid that it should
be imagined that an attorney is bound to know all the law or that an attorney should lose his fair
recompense on account of an error, being such error that a cautious man might fall into”
Montriou v Jeffereys 1825”
“A solicitor should not be judged by the standards of a particularly meticulous and conscientious
practitioner; the standard is what a reasonably competent practitioner would do having regard to
the standard normally adopted in his profession” Midland Bank v Stubb & Kemp 1979 Ch
384.
Cases of Liability:
a. Giving wrong advice: Otter v. Church Adam Atham & Co. (1953) Ch 280.
b. Bringing action which is statute barred: Bello Raji v X (a legal practitioner) (1946) 18
NLR 74.
c. Delay in instituting proceedings so that the action became statute-barred unless client
neglected to give lawyer instructions or to put lawyer in funds: Clayton v Kearsey
(1935) 79 SJI 180
d. Delay in entering an appearance or serving defence so that default judgment is obtained
by Plaintiff.
e. Failure to prosecute case with due diligence so that case is struck out for want of
prosecution: Fitzpatrick v. Batget & Co Ltd 1967 QWLR 706;
f. Failure to make searches in conveyancing: Allen v Clark (1863) 7 LT7 81 (Solicitor
acting for purchaser failed to discover that property was mortgaged)
g. Bringing an action against wrong parties: Salf Alli v. Sidney Mitchel & Co (1980) AC
1980
h. Counsel may be liable to third parties: Ross v. Caunters 1980 1 Ch 207.
Exceptions:
1. Where a lawyer is acting without remuneration, he may not be liable S9(2) LPA.
2. There is no liability for negligence committed when conducting a case in court e.g.,
failure to call a witness or to cross-examine a witness S9(3) LPA, Rondel v Worsley
(1967) 1 Q.B. 4477 ALL E.R. 993. The rationale behind this exception which no other
professional enjoys is predicated on public policy, centred on –
• The need for lawyers to be fearless and independent in conducting their case in
court.
58
• The possibility of a case being retried all over again in order to sustain an action
in negligence against counsel.
• The need to forestall endless litigation as every lawyer who losses a case will
invariably be sued by the client.
DUTY TO FELLOW COUNSEL

1. To treat with respect, fairness, consideration and dignity – Rule 26(1).
Lawyers are to treat one another with respect, fairness, consideration and dignity and shall not
allow any ill-feeling between opposing clients to influence their conduct and demeanour towards
one another (and even towards the opposing clients).
A lawyer should endeavour as far as possible to suit the convenience of fellow counsel when the
interests of his client or the cause of justice will not be injured by so doing.
It is particularly improper for counsel to criticize another or impugn his motives for taking a
weak case or seeking an adjournment Iso v. Eno (1992) 2 N.W.L.R (pt. 590) 204 at pp 217-218
per Tobi J.C.A (as he then was).
In Re Johnson (1887) 20 QBD 68 it was held to be contempt for a solicitor to abuse and threaten
an opposing counsel while on his way along the passages from the judge’s chambers after an
application therein.
Rule 27 also enjoins lawyers to maintain good faith and fairness amongst each other.
2. Equality of Members – Rule 26(2).
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. To keep Promises – Rule 27(2)(a)
A lawyer should adhere strictly to all express promises to and agreements with opposing counsel,
whether oral or written and should adhere to all agreements implied by the circumstances or by
local customs United Mining Co. v Becher 1910 2 K.B 296 Ex p Hales 1970 2KB 539. Re
Hull Country Bank 1879 13 Ch. 261.
4. To avoid sharp practices – Rule 27(2)(c).
When he knows the identity of a lawyer representing an opposing party, he should not take
advantage of the lawyer by causing any default or dismissal to be entered without first inquiring
about the opposing lawyer’s intention to proceed. In the trial of a cause, it is unethical to allude
to the personal colloquies between counsel which cause delay and promote unseemly wrangling.
See Densa Engeering Works Ltd v. U.B.N Plc (1991) 1 NWLR (pt. 585) 162 at 171 per Salami
J.C.A., Kwaptoe v. Isenyi (1999) 4 NWLR (pt. 600) 571 at 574.
Ludwig feels 2 causes contribute to sharp practices (1) the desire to please a revengeful client
and (2) the desire to manufacture costs.
59
5. Denigration of the members of the profession is infamous conduct Allison v. General

Medical Council
6. Duty not to covet clients: Rule 27(4).
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. The member of the Bar accepting
instructions in such circumstances shall use his best endeavours to ensure that all the fees due to
the other members of the Bar in the matter are paid.
7. Duty in associating in matter rule 28
He shouldn’t join in a matter when objectionable to the existing counsel. Where the retainership
of the existing counsel is withdrawn, he can go on but ensure the payment of his fees.
8. Duty in change of lawyer rule 29
Give notice to the former lawyer and ensure that his fees are paid. Both lawyers should give
notice to the court.
The client is entitled to;
i. All letters written by the lawyer to the other persons at the direction of the client
ii. Copies of letters written by the lawyer to the other persons at the direction of the client
iii. Drafts and copies made in the course of business
iv. Documents prepared form such drafts
Lawyer is entitled to
i. All letters written by the client to the lawyer
ii. Copies of letters addressed by the lawyer to the client
iii. A lien on the papers or documents of his client in respect of unpaid fees
DUTY TO OPPONENTS
Duty to be fair and avoid unjustifiable litigation. “The lawyer must decline to conduct a civil
cause or to make a defence when convinced that it is intended merely to harass or injure the
opposite party or to work oppression or wrong.” Rule 24(3) RPC, 2007.
In Re Cooke (1889) 5 TLR 407 Lord Esher said: “If a solicitor were instructed by his client to
take proceedings which could legally be taken but which would to the knowledge of the solicitor,
injure his antagonist unnecessarily, but the client nevertheless instructed him to go on in order
to gratify his anger then, if the solicitor knew all these, he would be unfair and wrong if he took
those proceedings, although he was acting on instruction in so doing”. A lawyer is not to take
unreasonable or oppressive proceedings in order to gratify a malicious client. Counsel should
refrain from invective and abusive words even against his opponent. If he does, the court ought
to stop him. “Eloquential Cogniturans male decdendi subile” (It is dog’s eloquence to undertake
the task of abusing one’s opponent).
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DUTY TO THE STATE

1. Duty to uphold the Law (General Responsibility of a Lawyer) Rule 1 RPC, 2007.
A lawyer has a special duty to uphold the law and promote the cause of justice because he
occupies a quasi-official position. See Waziri v State (1997) 3 NWLR (pt. 496) 689, also Okaro
v State (1990) 1 NWLR (pt. 125) 128 at 136 where it was held that a counsel in court in a capital
trial has a very important and sacred duty to perform. He owes that duty to not only his client
and the court but also to society at large. It is of the very essence of that duty that he should
promptly take objection to every irregularity at the trial, be that an irregularity relating to
procedure or to evidence called at the trial.
2. Duty not to Advise or Assist in Violation of the Law Rule 15.
In Goodenough v Spencer: (1874) 46 How. Pr. 347 (Howard’s New York Practice Reports) at
pp.350-351: “No attorney or counsel has right in discharge of his professional duties to involve
his client by his advice in a violation of the laws of the State, and when he does so, he becomes
implicated in the client’s guilt if, when by following the advice a crime against the laws of the
State is committed. The fact that he acts in the capacity and under the privilege of counsel does
not exonerate him from the well-founded legal principles which render all persons who advice
and direct the commission of crime guilty of the crime committed by compliance with the advice.
In Myers v Elman (1940) A.C. 282, where a Testator instructed his lawyer to prepare certain
conveyance with intent to evade payment of duty which the solicitor carried out, an order to the
solicitor to produce the instructions cannot be resisted as privileged communication.
DUTY TO THE PROFESSION Rules 1,2,3 & 4 RPC 2007.
Rule 1: (General responsibility of a lawyer), a lawyer shall uphold and observe the rule of law,
promote and foster the course of justice, maintain a high standard of professional conduct, and
shall not engage in any conduct which is unbecoming of a legal practitioner.
Rule 2: (Duty as to the admission into the legal profession), a lawyer shall not knowingly do
any act or make any omission or engage in any conduct designed to lead to the admission into
the legal profession of a person who is unsuitable for admission by reason of his moral character
or insufficient qualification or any other reasons.
Rule 3: (Aiding the unauthorised practice of the law), a lawyer shall not aid a non-lawyer in
the unauthorized practice of the law or share his legal fees with a non-lawyer except as provided
in Rule 53 RPC. He shall also not write nor sign his name on a document prepared by a non-
lawyer, for a fee, as though such a document were prepared by him.
Rule 4: (Avoidance of intermediary in the practice of the law), he shall not permit his
professional services to be controlled or exploited by any lay agency which intervenes between
him and the client. Charitable societies or institutions rendering aid to the indigent are not
deemed as such intermediaries.
Rule 39: (Advertising and Soliciting) see above
Rule 47: (Instigating Litigation or Controversy) see above
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MISCELLANEOUS DUTIES
Duty to take notes. Counsel should take his own personal notes of the evidence, submissions
and rulings in the case in which he is counsel.
(1) He will need to know what one witness said so that he can “put” his evidence to the
witness for the opposing party when necessary.
(2) He will need the note of a witness evidence during his examination in chief for purposes
of cross-examination of that witness and/or other witness.
(3) He will need to be able to review all the evidence that has been given in his final
submission.
(4) He will need the notes of evidence to determine the accuracy of record of proceedings
made by the judge for the purpose of appeal.
CONTEMPT OF COURT BY LAWYERS

MEANING
In Awobokun &, Anor. v. Adeyemi (1968) NMLR. Page 289 ―The essence of contempt is
action or inaction amounting to an interference with or obstruction or having a tendency to
interfere with or obstruct due administration of justice.
In Atake v. Attorney General of the Federation & Anor (1982) 11 S.C at page 175. Per Idigbe
JSC ―It is indeed difficult to give exact definition of contempt of court and this is because it is
so manifold in aspects but generally it may be described as any conduct which tend to bring into
disrespect, scorn or disrepute the authority and administration of the law or which tends to
interfere with and or prejudice litigants and/or their witnesses in the course of litigation.
TYPES
• criminal
• civil
“It is perhaps necessary to say that generally speaking criminal contempt consists of words or
acts which obstructs or tend to obstruct or interfere with the administration of justice…on the
other hand, civil contempt is in fact contempt in procedure, consisting of disobedience to the
judgments, orders or other processes of court, and involving private injury.” Per Aguda C.J in
Afe Babalola v FEDECO & Adegborioye Suit No. AK/M4/77 of 21/2/78.
CONDUCT OR ACTS THAT AMOUNT TO CONTEMPT
It is not possible to particularize the acts which can or cannot constitute contempt of court – see
Agbachom v. The State (1970) I ALL N.L.R. Page 69. It is not every act of discourtesy to the
court by counsel that amounts to contempt, nor does conduct which involve a breach by counsel
of his duty to his clients necessarily amount to contempt: See Izuora v. Queen 13 WACA Page
313.
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i. Language or behaviour which is outrageous or scandalous or which is deliberately

insulting to the court is punishable as contempt in the face of the court.
ii. Comments whether orally spoken or written scandalizing the court is contempt.
iii. Publication in a newspaper or an article containing scurrilous personal abuse of a judge,
with reference to his conduct as a judge in a judicial proceedings which has terminated
is a contempt of court.
iv. Allegations of partiality made against the judge which are probably the most common
way in which the court has been held to be scandalized, are treated very seriously as
contempt because they tend to undermine confidence in the basic function of a judge.
• An article or publication in a newspaper that scandalizes or calculated to bring the
Court to disrepute amounts to contempt. See R. v Thomas Horatius Jackson 6
N.L.R 49-55. See also Obiekwe Aniweta v The State, supra.
• Any publication in any newspaper which is likely to prejudice the fair trial of any
person is contempt of the court. See R. v Ojukoku 7 N.L.R 60-63. See also K.O.A.
Koki v G.T.E. Grands Travaux De L’est Nig. Ltd. FRC/L/81/78 of Monday the
16th July, 1979.
• Any publication in a newspaper misrepresenting proceedings of a court is contempt
under section 133(4) of the Criminal Code. See Dr. Ola Oni v AGF & 4 Ors in RE
THE CONTEMPT COMMITTED BY: (1) Edward Aderinokun (2) Ayodeji
Adekunle LD/739/70 reported on page 140 of “J.I.C Taylor through the cases.”
• Every writing, letter or publication which has for its object to divert the course of
justice is a contempt. A threatening letter must be considered as having equally that
object, whether addressed to a suitor seeking justice, to a judge or an officer of the
court. See Oluyemi Adekoya v L.K. Jakande LD/1138/76 on Friday the 9th of
December 1977 at the Lagos High Court per Y.A.O Jinadu.J
• Any publication in a newspaper calculated to obstruct the course of justice is a
mischievous, despicable and inexcusable contempt as it is capable of destroying the
very foundation on which the judicial system is built. See R v Service Press Ltd. 20
NLR 96.
• An article in a Newspaper alleging an imaginary discussion (by a judge or magistrate)
with a political agent of a political party on how he will deal with members of another
political party by inflicting maximum punishment on such members is capable of
shaking the confidence of the public in the administration of justice and it amounts
to contempt of court. See R. v Onwuegbuna and Associated Newspaper Limited
1958 Eastern Nigeria Law Reports page 17.
• Persons who swear to affidavits accusing a judge of aiding members of a political
party or of helping a political in order to pervert the course of justice, impugn the
integrity of the of the bench by polluting the administration of justice and such
persons are guilty of contempt. See A-G v Chief Samuel Taiwo Oredein & 11 Ors
in Re Asani Odumuyiwa Applicant Charge No. J/19C/65 of Thursday 29th July 1965
per Hon. Mr. Justice M.O. Oyemade Ijebu-Ode High Court.
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• A lawyer who prepares a contemptuous affidavit for deponent is equally if not more
seriously guilty of contempt of court. See A-G v Chief Samuel Taiwo Oredein &
11 Ors, supra.
• It is contempt of the Court to resort to disrespectful conduct, continued interruptions
and disturbances in the course of a trial in court. See Nunku v I.G.P 15 W.A.C.A.
23-25.
• Every private communication to a judge for the purpose of influencing his decision
upon a pending matter and whether or not accompanied by the offer of a bribe or by
personal abuse, is a contempt of Court as tending to interfere with the course of
justice. See Awobokun v Adeyemi (1968) NMLR 289 at 294.
• It is contrary to the practice of all courts of justice, unfair to an adversary, and a
contempt of court for a suitor, under any pretext whatever to communicate with a
judge, except by public proceedings in open court respecting the merits of any case
which is either pending in the court of such judge or likely to come before him. See
Awobokun v Adeyemi, supra.
• Disobedience to court’s order is serious contempt of court. See Afe Babalola v
FEDECO, supra.
• Mere disrespect of a court may not amount to contempt. See Awosanya v Board of
Customs (1973) 1 ALL NLR 106.
• “Wilful breach of an order of injunction amounts to criminal contempt”. Per Hon.
Justice T.A. Oyeyipo in KWS/56/1978 in The State v Hon. Justice A.A.M. Ekundayo
& Anor. Delivered on 3/8/78.
• Disobedience of a court’s order of injunction amounts to civil contempt but it is no
less serious than a criminal one for unless the court’s orders are obeyed the
administration of justice is in great jeopardy. The administration can only be effective
if it has a means of enforcement or a means of punishment for those who disobeyed
it. Per Hon. Justice M.B. Belgore on Friday the 27th October 1978 in FRC/L/10/77
in American International Security and Telecommunication Systems Nigeria
Ltd. v Eugene Peterson & Anor
• It is not contempt of court to fail to satisfy a judgment for the payment of money
simpliciter. See Police v Salami Apampa M/42/68 reported on page 110 of J.I.C
Taylor ‘Through the cases.’
Contempt could either be in the face of the court (in facie curiae) or outside the court (ex facie
curiae). Contempt in facie curiae has no closed category and examples in such instance are many.
But broadly it is word spoken or act done within the precincts of the court which obstructs or
interferes with due administration of justice or is calculated to do so. Contempt ex-facie curiae
may be described as words spoken or otherwise published or act done outside court which are
intended or likely to interfere with or obstruct the fair administration of justice: see RE: Dr Olu
Onagoruwa: FCA/E/117/79 NO 5/2/80.
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PROOF OF CONTEMPT
Since a contempt of court is an offence of a criminal character, it must be proved beyond
reasonable doubt Agbachom v The State, Awobokun v Adeyemi, The State v Hon. Justice
Ekundayo.
A civil contempt arising from a breach of an order of injunction must also be proved beyond all
reasonable doubt as in a criminal proceeding American International Security and
Telecommunications v Eugene Peterson.
Lack of intent, however, does not render a contempt innocuous R v Service Press Ltd. 20 N.L.R
96 at 98.
Deliberate disobedience to the order of Court is proof of Mens Rea: Adegborioye v Afe
Babalola FCA/B/147/78 of Thursday 19th July, 1979.
To establish contempt of breach of an order of injunction, the following elements must be
established namely: -
i. The terms of the injunction must be clear and unambiguous.
ii. That the defendant has had proper notice of the terms of the injunction.
iii. That the terms of the injunction have been broken.
Where an alleged contempt arises from the breach of an order made in favour of a party, it is a
good answer if it can be shown that the party complaining of the contempt has waived it, although
such a defence would not, of course, avail a person charged with Criminal contempt Kwesi
Enimil v Kwesi Tuakyi 14 W.A.C.A at pg.2
Unintentional disobedience of a court order may be treated as a minor matter of civil contempt
leading to both acquittal and discharge of the alleged contemnor Awosanya v Board of Customs
(1975) 1 ALL NLR 106
Questions of motive or intention are not relevant in establishing a case of contempt Stericon
(Nig.) Ltd v Downs (Nig.) Ltd. Suit No FRC/L/M83/76 of 27/5/1977.
PROCEDURE
In initiating proceedings of this nature, the guiding principle is as set out in OSWARD on
Contempt committal and Attachment at P. 17. No person shall be punished for contempt of court
which is a criminal offence unless the specific offence charged against him be distinctly stated
and an opportunity of answering it given to him Obiekwe Aniweta v. The State (Supra).
A court can deal summarily with cases of contempt in the face of the court and by the very
judicial officer in whose presence the offence was committed. In cases of contempt committed
in the face of the court, the court has two options: firstly, there may be cases where the offence
should be dealt with summarily but such hearing must be conducted in accordance with cardinal
principle of fair hearing and the case must be one in which the facts surrounding the alleged
contempt are so notorious as to be virtually incontestable. Secondly, in most cases, the proper
procedure of apprehension or arrest, charge, prosecution etc. must be followed: Boyo v. The
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Attorney-General of Mid-West State (1971) I ALL NLR 342 see also Oku v. The State (1970)
I ALL N.L.R. P. 60. Maharaj v. A.G. Trinidad & Tobago (1977) I ALL NLR 411.
A judge in a contempt proceeding must not put himself in a position of a prosecutor and at the
end of it all purporting to find a person guilty of an offence not described or formulated and dealt
with as provided by law Deduwa v The State (1975) 1 ALL NLR 1.
Where a contempt is not committed in the face of the court, a judge who has been personally
attacked should not as far as possible hear the case Awobokun v Adeyemi.
An accused person in a case of contempt in the face of the court should be given an opportunity
of being heard before he is punished Queen v His Worship, The Senior Magistrate (Ubiaja)
M/6/63.
If a trial court wishes to deal with a case of contempt in the face of the court summarily, he
should put the accused not in the witness box but into the dock and ask him to show cause. He
should not be compulsorily put into the witness box as that offends section 36(11) of the 1999
constitution which reads ―No person who is tried for a criminal offence shall be compelled to
give evidence at the trial. See Deduwa v. The State (1975) I ALL NLR Pages 1 - 17, Agbachom
v. The State (1970) I ALL N.L.R. Page 69. See also proviso to Section 160 of the Evidence Act
which buttresses Section 36(11) of the 1999 Constitution.
Natural justice demands that before anyone is committed for contempt, he must be informed of
the details of the contempt and must be given an opportunity to make an answer and defence-
Re: Olu Onagoruwa FCA/E 117/79 delivered on 5/2/80.
A judge in contempt case cannot exercise his power both under Section 6 of the Criminal Code
Law and also under Section 133 of the Criminal Code. If a contemnor is being tried under
Section 133 of the Criminal Code, he should be tried before a different Court Agbachom v
The State (1970) 1 ALL NLR 29 at 79.
Warrant of arrest for contempt of court issued by a court to another state jurisdiction can be
questioned, therefore any order of committal arising from a Court outside the “home Court” has
to be registered in the “home court” before it can be executed in Civil Proceedings Police v
Apampa.
Failure to serve on the judgment debtor the original formal order drawn up and signed by the
judge, is fatal to the application Enwelum v Ekwesie (1966-67) 10 E.N.L.R 14
Private prosecution can be brought for contempt under S133(8) CC for a refusal of the contemnor
to obey an order of court to quit land Adu v Lasisi (1970) 1 ALL NLR 304.
Court has power to punish for contempt committed in its face summarily without any charge or
trial under S6 CC but the exercise of such power is different from an offence under S133 CC
which requires the normal procedure of a charge, plea trial and verdict Nunku v I.G.P 15
W.A.C.A
The Sheriff and Civil Process Act made provisions for the punishment of civil contempt.
Essentially, two forms are used in the first schedule to the Act. Form 48 – Notice of
consequences of disobedience to order of court. Form 49 – Notice to show cause why the order
66
of contempt should not be made. A party who intends to seek punishment for civil contempt will
have to follow the following procedure:
i. Application via motion on notice supported by an affidavit and a written address.
ii. Filing of Form 48 to be served on the contemnor if he was not in court. However, for
practical, always serve Form 48.
iii. The Form 48 notifies the contemnor the consequences likely to be suffered if the order
of court is disobeyed.
iv. The order of court has to be endorsed on the Form 48 by the Registrar.
v. Service is then effected by process server either personally or by substituted means with
the leave of the court.
vi. 48 hours will be given to the contemnor to desist from his act.
vii. If after 48 hours, there is no compliance, Form 49 which is notice to show cause why
order of contempt should not be made will be served on him. A day will be fixed for the
contemnor to come to court and explain why he should not be committed to prison.
viii. The forms are signed by the Registrar.
ix. If the contemnor did not come to court, warrant of arrest can be issued against him –
bench warrant.
JURISDICTION OF COURT TO PUNISH FOR CONTEMPT

For the purpose of punishing for contempt, the Magistrate Court is a Court of Record and as such
has the power to punish summarily for contempt committed in the face of the court Nunku v
I.G.P 15 W.A.C.A 23-25.
The High Court has inherent jurisdiction to punish criminal contempt summarily but the power
should be exercised with the greatest caution Awobokun v Adeyemi (1968) N.M.L.R 289.
The inherent power to fine and imprison for contempt is not retained for the personal
aggrandizement of a judge or whoever mans the court. The power is created and maintained and
retained for the purpose of preserving the honour of the court Deduwa v Okorodudu (1975)
S.C
“Nothing in this Act or in the code shall affect the authority of courts of record to punish a person
summarily for the offence commonly known as contempt of court; but so that a person cannot
be so punished and also punished under the provisions of the code for the same act or omission.”
– Section 6 of the Criminal Code Act.
See S133 of the Criminal Code Act.
The purpose of punishment for contempt is to preserve the dignity of the court and the right of
the court as the arbiter to try all cases but the courts must be cautious and avoid overreaction
otherwise administration of Justice itself would be on trial Re: Dr. Olu Onagoruwa.
CONVICTION FOR CONTEMPT
Committal for contempt is a conviction Obiekwe v Aniweta.
It is a “conviction” to order the ‘contemnor’ to enter into a bond to be of good behaviour
Awobokun v Adeyemi.
67
The court will pardon a contemnor whose conduct is unintentional and who purges his contempt
by a sincere apology and credible explanation. Court will pardon and discharge a contemnor if
he acts unintentionally and from a mistaken belief or misconception of the laws thereby flouting
a court’s order, The State v. Hon. Justice A.A.M. Ekundayo & Anor KWS/I06/77 of 2/9/77.
Contempt committed under s133 CC carries a maximum imprisonment of THREE MONTHS
Okoma v. Udoh (2002) I NWLR (Pt.748) 438.
The punishment permissible by law in the case of civil contempt is SIX MONTHS Afe Babalola
v. FEDECO & Anor AK/ML/77 of 21/2/78 at pages 17-23.
A contemnor can be ordered to be kept in prison until he purges his contempt Ikabala v. Ojosipe
Suit No. LD/967/71 of 30/3/72.
A judge can commit another judge for contempt.
Where a legal practitioner interrupted a court during the course of his judgment with the words:
―This is a most unjust remark‖ he was held to have committed contempt. R v. Jordan, R v
Stafford County Court Judge, Atake v. The AG. Federation &Anor.
To accuse a judge of un-judicial conduct in appropriate cases may not amount to contempt of
court, Maharaj v. AG. Trinidad and Tobago (1978) 2 All E.R. 670
A corporation or a company can be punished for contempt R v Onwuegbuna & Anor (1958)
E.N.L.R. 17.
The Supreme Court has inherent original jurisdiction to convict for contempt committed in the
face of that Court as it did in Lawal v Ayilara in Re: Jinadu Okin delivered on 19/9/72.
PUNISHMENTS/ORDERS THAT MAY BE MADE BY THE COURT PURSUANT TO
A CHARGE OF CONTEMPT.
1. Imprisonment.
2. Imprisonment until the contemnor remedies his default – Civil contempt Ope v Olonje
(1962) W.R.N.L.R. 389.
3. Costs, Rex v Jackson 6 N.L.R. 55 and Rex v Ojukoku 7 N.L.R. 60 at 62 & 63. In the
latter case, Adeoye Deniga and S.H. Braithwaite were each ordered to pay £15 costs for
contempt. Ernest Ikoli was ordered to pay £15 costs and £25 fine in addition and if he
failed to pay the fine within twenty-four hours, he was to be committed to Lagos Prison
until payment is made.
4. Fine
5. Caution and Reprimand Dr. Ola Oni v AGF & Ors
6. Apology.
7. Caution and Discharge Agbegende v Ilorin Native Authority (1968) N.M.L.R 144.
8. Pardon and Discharge Usman v Rev. M.D. Durojaiye KWS/106/77 of 2/9/77 by Justice
A.A.M. Ekundayo.
68
9. A contemnor may be ordered to be kept in prison until he purges his contempt Ikabala
v Ojosipe.
10. Total Discharge State v Hon. Justice Ekundayo.
REFERENCE MATERIALS:
i. “The Law of Contempt in Nigeria” by Chief Gani Fawehinmi, Nigerian Law
Publications Limited (1980) 2 – 27.
ii. Professional Ethics and Skills Practice Handbook, Council of Legal Education, Nigerian
Law School.
Sample Draft of FORM 48

IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
Charge No_________
NOTICE OF CONSEQUENCES OF DISOBEDIENCE TO ORDER OF COURT
To: BUKA SUKA of No. 15 Adams Street, Lagos Island, Lagos State
Take notice that unless you obey the directions contained in this order, you will be guilty of
contempt of court and will be liable to be committed to prison.
Dated this 15th day of August, 2021
__________________
Registrar
69
Sample Draft of FORM 49

IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
Charge No_________
NOTICE TO SHOW CAUSE WHY THE ORDER OF CONTEMPT SHOULD NOT BE
MADE
TAKE NOTICE that BUKA SUKA will on Wednesday the 15th day of August, 2021, at the
hour of 9:00 in the forenoon, apply to this court for an order for your committal to prison for
having disobeyed the order of this court made on the 15th day of June, 2021, requiring you to
remove your earth moving equipment.
AND FURTHER TAKE NOTICE that you are hereby required to attend the court on the first
mentioned day to show cause why an order for your committal should not be made.
Dated this 15th day of August, 2021
__________________
Registrar
70
WEEK 9 – DRAFTING 1: (i) BASIC DRAFTING PRINCIPLES AND STAGES OF

DRAFTING
CONTENTS
1. Aid to clearness and accuracy
2. Habits to avoid in drafting
3. Sentences and paragraphs
4. Punctuations
5. Expressions relating to time
THE FIVE (5) STAGES OF DRAFTING
7. Understanding the instruction;
8. Analysing of the instruction
9. Design the draft; outline of a draft
10. Composition and development
11. Scrutiny; editing and checking the draft
OUTCOMES
1. Demonstrate how to use language, grammar and avoid ambiguity in drafting
2. Identify the difference between the traditional style of drafting and the modern drafting
technique using; plain, simple and precise English. Identify words and phrases which are
pitfalls to good drafting style.
3. Identify how to use punctuation and language effectively in drafting;
4. Explain the basic principles of drafting legal instruments;
5. Demonstrate how to plan for drafting
6. Demonstrate how to use precedents in drafting documents.
7. Demonstrate how to produce error free documents
8. Observe the need to adequately represent the intention of the clients in drafting documents
9. Demonstrate how to use precedents in drafting documents;
10. Demonstrate how to produce error free documents.
11. Draft simple documents
ACTIVITIES
1. Tutor gives an overview of basic principles of drafting – 30minutes
71
2. Tutor gives overview of different stages of drafting --- 40 minutes

3. Group discussion on stages of drafting --- 20 minutes
4. Group presentation on stages of drafting --- 20 minutes
5. Ethical issues arising from the outcomes --- 10 minutes
6. Tutor presents examples and students use the examples for exercises that illustrate
basic drafting principles -30 minutes
7. Assessment —10 minutes
I5. MINUTES BREAK
8. Tutor gives an overview of types legal instruments – 30 minutes
9. Using case studies provided by the tutor students individually makes different legal drafts.
10. Group discussion on stages of drafting --- 20 minutes
11. Group presentation on stages of drafting --- 20 minutes
12. Ethical issues arising from the outcomes --- 10 minutes
13. Sample drafts are presented and discussed
14. Assessment and evaluation—10minutes.
INTRODUCTION
In Nigeria, legal documents are drafted in English language, since it is the language of the
law in Nigeria.
• The grammatical standard for legal writing in Nigeria is Standard British English,
expressed in plain English; e.g.,
• I have got it (British English)
• I have gotten it (American English)
• I need to go home (British English)
• I gotta go home (American English)
• It is therefore important that every lawyer should acquire sufficient knowledge of English
grammar as foundation for his or her legal education.
• Lawyers and law students who know that they are deficient in English grammar are
encouraged to take appropriate remedial steps in Basic Drafting Principles
The types of documents for which a lawyer needs drafting skills include:
• Pleadings;
• Deeds and other Agreements;
• Written Reports;
• Letters;
72
• Legal opinions;
• Memoranda; etc.
Basic Drafting Principles

According to George Coode; in “Legislative Expression or the Language of the Written Law”.
There are for legislative drafting, each legislative sentence consists of four parts namely:
1. The description of the legal subject;
2. The enunciation of the legal action;
3. The description of the case to which the legal action is confined;
4. The conditions on performance of which the legal action operates.
These four parts of a legislative sentence are explained below: DEDC (SADP)
(1) The description of the legal subject: The subject of the draftsman’s focus must be so clearly
and distinctly described so that there will be no difficulty or ambiguity in identifying who or
what the subject is.
(2) The enunciation of the legal action: The thing to be done, action to be taken, or incident to
be avoided must be clearly stated in the draft document. In other words, in preparing the draft,
the draftsman mind should have a mental picture of how the draft should be implemented in
practice by the subjects to whom the document is directed
(3) The description of the case to which the legal action is confined: In addition to clearly
stating the ‘thing to be done’, ‘action to be taken, or ‘incident to be avoided’ etc, the draft should
also clearly describe the mode, method or process of carrying out the action prescribed
(4) The conditions on performance of which the legal action operates. Furthermore, the draft
should also clearly state the conditions (or pre-conditions) i.e., the parameters within which the
prescribed law shall operate. For example: “Subject to the provisions of any federal enactment
on the National Housing Policy, the Lagos State Housing Development Corporation shall liaise
with the Federal Mortgage Bank of Nigeria to provide mass housing schemes for members of
the public within Lagos State”
Connective words: they are used in drafting to convey the legal subject and the legal action.
They can be conjunctions, adverbs, etc.
Examples of connective words: Conjunctions, e. g.
• ‘But’ used to introduce a contrast to an earlier statement
• ‘Because’ (used for stating reason why something is right, wrong, should be done, or
should not be done
• ‘When’ (used for connecting a sentence to time or the occurrence of an event
• ‘Except’ (as the word is, it is used for creating exceptions to the main theme of the
sentence
• ‘Provided’ (used in provisos to state conditions)
Examples of connective words: Adverbs, e.g.
73
• ‘However’ (used together with an adjective or another adverb to express an undefined

degree, quality or quantum, e.g. The Governor is happy over the arrest of the robbers. He
has promised to reward the informant, however small.
• ‘Therefore’ (used for stating the logical result of what has been stated earlier, e.g., There
were several flood disasters last year, therefore the Government disbursed relief materials
to victims.
• ‘Then’ (used to connect a time in the past or the present)
The legal action prescribed may be mandatory, prohibitory or permissive, depending on the
intention of the legislature as contained in the instruction given to the draftsman
Basic Drafting Principles
No Mandatory Prohibitory Permissive
1. Legal Writing Shall Shall Not (a) may
(b) May not
2.Ordinary Writing Must Must not Should not
May
May not
The ‘Subject-Verb-Object’ Relationship

1. The subject is the actor, i.e., a person empowered to do or refrain from doing an act
under reference;
2. The verb stipulates the act to be done, or action to be taken, or what the subject (person)
is to refrain from;
3. The object is the thing or person being acted upon.
In using the above format to prepare a good draft, the lawyer should state precisely and in clear
words what ought to be done, the person who should do it, (or what the person should refrain
from doing), and the prescribed method of doing the required things
Use of Proper Language and Grammar
As stated earlier, a Nigerian lawyer should have good command of Standard British English.
Particularly, he should be meticulous about the following:
1. Spelling;
2. Sentence structure;
3. Paragraphing;
4. Grammar;
5. Capitalization (e.g., proper nouns); and
6. Punctuations
Example on punctuation - Case Study:

Governor X wishes to exercise his powers of prerogative of mercy to grant amnesty to a convict
on the death row. So, he wrote to the prisons superintendent as follows:
74
“From: The Executive Governor……..,

To: The Prisons Superintendent……....
Re: Mr Jaja Zebra (Death Row Convict No. 172) Action/Directive: Kill him, not let him go.
Signed: The Executive Governor”
Immediately after receiving the Governor’s directive, the Prisons Superintendent passed same to
the hangman who then executed the convict
Questions:
1. Did the Prisons Superintendent understand the Governor’s instruction? (Answer: Yes,
he did)
2. Was the Prisons Superintendent right to have ordered the execution of the convict?
(Answer: Yes)
3. But did the Governor properly convey his intention? (Answer: No, he did not convey
his intention effectively. He directed the opposite of what he intended)
4. What is the problem with the Governor’s directive?
The problem with the Governor’s directive is as follows:

1. He intended to direct ‘Kill him not, let him go’ which means ‘do not kill him, release
him’
2. But he mistakenly directed: ‘Kill him, not let him go’ which means ‘kill him, do not
release him’
The wrong punctuation, i.e., the position of the comma in the sentence resulted in the execution
of a man who was intended to be released.
Please take another look at the position of the comma in the actual sentence and the intended
sentence:
‘Kill him, not let him go’
‘Kill him not, let him go.’
1. Actual: ‘Kill him, not let him go’ which means ‘kill him, do not release him.’
2. Intended: ‘Kill him not, let him go’ which means ‘do not kill him, release him.’
Dear student, are you now convinced why you need to be a meticulous lawyer. I guess you are
now convinced.
The Technique of Drafting
1. The Arrangement and Order: Quite apart from the order of ideas in a document, each
sentence should bear such an order and relation with other sentences in the document that
will most readily and clearly bring out the meaning of the sentence and the document.
2. Avoid long and complicated sentences.
3. Sentence must be syntactically correct
4. Use present tense in drafting legislation.
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5. Draft in the singular.

6. Use active voice and avoid passive expressions.
7. Use positive expressions
8. Do not have too many ideas in one legal sentence.
9. In drafting legal documents, the lawyer should advert his mind to the judicial
interpretation of words and phrases commonly used in drafting.
10. Draft in paragraphs and divide large Acts into Parts.
11. Paragraphs: Documents should be drafted in paragraph:
➢ The structure of the instrument is made more apparent
➢ It helps the drafter to be in control of the draft
➢ It makes drafting easier
➢ It makes for easier understanding and assimilation of the instrument
➢ It helps to avoid needless repetition
➢ It helps to remove syntactic ambiguity.
12. Sentence: use short sentences wherever possible, but this must be to help clarity.
13. Use the active voice instead of the passive. This makes the meaning of each statement
clearer. For instance, instead of ―A loan of ₦5000.00 was granted to him by us‖, say:
―We granted him a loan of ₦5000.00.
14. Checking the Draft: When checking the draft, note that:
i. All names, places, figures, and other technical words agree with the instruction
received.
ii. Organize materials for your draft logically, and chronologically.
➢ Avoid verbosity, choose exact words;
➢ Avoid archaic expressions and legalese;
➢ Avoid foreign and unfamiliar words;
➢ Avoid as much as possible non-English expressions;
➢ Avoid emotive expressions;
➢ Use words and expressions consistently;
➢ Be gender sensitive in your draft;
iii. Before draft is sent to the client for perusal, invite another person (a lawyer) who has
not been involved in the drafting process to go over the draft. He would be quicker at
spotting faults and other drafting errors.
Avoiding Ambiguity
To avoid ambiguity in legal drafting, a lawyer should do the following:
1. Preferably use Nouns more than Pronouns (even if it is repetitive);
2. Use Adjectives and Adverbs with care (since their meanings are more complex than that
of nouns);
3. Use precedents for guidance
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STAGES OF DRAFTING TADCS

1. Taking and understanding instructions: includes conducting client’s interview,
gathering relevant facts, inspecting documents, ascertaining client’s goal, advising, and
using check-list to organize interview.
2. Analysing: careful analysis, covering the field of existing laws, deciphering the targets
and potential dangers.
3. Designing: decide format, parts, segments, contents, schedule, sketch and frame
4. Composition: actual drafting which should be accurate, complete, clear,
comprehensible, short, simple and precise.
5. Scrutiny: involves second look, editing, proofreading, scrutiny, cross-referencing and
involvement of independent mind.
How to Achieve Error-free Documents

1. Be attentive to your instruction
2. Plan your draft
3. Avoid ambiguities
4. (Preferably) Use short sentences
5. Peruse your draft, i.e., read it carefully
6. Scrutinize your draft, i.e., refer it to another lawyer for another view
7. Proof read your document, i.e., edit and check the draft for any further error.
Habits to Avoid in Drafting

1. Uncommon and intricate words and phrases
2. Verbosity (i.e., excessive use of words)
3. Archaic words & expressions
4. Latin (or foreign) words and phrases
5. Cliches and legalese
6. Use of pronouns instead of nouns, & adverbs instead of verbs
7. Improper use of words (shall, etc.
8. Clumsy and inelegant words and phrases
9. Redundant words or phrases, (e. g., jargon and technical terms, except if they form part
of the instruction)
Aids to Clearness and Accuracy

1. Punctuations
2. Capitalizations
3. Use of definitions
4. Use of interpretation clauses
5. Use day-to-day words to avoid ambiguity
6. Use of Brackets
7. Use of Schedules/Appendices –
8. When used in legislation, they are part of enactment – See A. G v.
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Use capital letters for:

➢ The beginning of a sentence;
➢ The first two words in the long title AN ACT to….;
➢ The first word of the enacting formula;
➢ The 1st letter of an Act, Bill, Form, Part, Schedule;
➢ 1st letter of first word in marginal notes;
➢ For each of the principal word in the short title;
➢ All the letters in headings of Parts or Chapters;
➢ First letter in titles, offices, institutions.
Lamplough (1878) 3 EXD 214. Repetition of preposition Enumeration & Exclusion (“Ejusdem
generis rule”)
Assuming that the following draft is a provision in the Lagos State Housing Corporation
Law:
“Subject to the provisions of any federal enactment on the National Housing Policy, and upon
the Governor designating land from time to time for housing development, the Lagos State
Housing Development Corporation shall liaise with the Federal Mortgage Bank of Nigeria to
provide mass housing schemes in Lagos State for Lagos State civil servants, and other interested
members of the public within Lagos State”
Question 1:
a. In one sentence, identify or description the legal subject saddled with putting the law into
effect.
b. In one sentence, explain the legal action intended by the legislature.
c. In not more than four sentences identify the case, situation or target(s) to which (or to
whom) the intended legal action is confined.
d. List the ancillary conditions or limitations on performance of which the legal action
operates.
Question 2:
List and explain the five (5) stages of drafting.
Question 3:
List and explain any five (5) habits that a draftsman should avoid in drafting.
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WEEK 10 – (i) LETTER WRITING; (ii) DRAFTING OF MINUTES OF MEETINGS;

OFFICE MEMORANDUM AND CURRICULUM VITAE
CONTENTS
I. Demonstrate the structure of different types of legal instruments.
1. Types of letters
2. Parts of a letter
3. ‘Subject to contract’ and ‘without prejudice in a letter’
4. Types of formal documents
5. Minutes of meetings,
6. Curriculum vitae
7. Office memoranda
8. Legal opinion
OUTCOMES
1. Demonstrate how to plan for drafting
2. Demonstrate how to use proper language and grammar and avoid ambiguity in drafting.
3. Demonstrate how to produce error free documents
4. Observe the need to adequately represent the intention of the clients in drafting documents.
5. Draft formal documents including; minutes of meetings; curriculum vitae; office
memorandum, legal opinion etc.
6. Identify types of letters
7. Draft parts of a letter
8. Explain ‘Subject to contract’ and ‘Without prejudice’ in a letter
ACTIVITIES
1. Tutor gives overview of guidelines for drafting minutes of meetings; office memorandum
and curriculum vitae --- 30 minutes
2. Tutor gives an overview of types and parts of a letter including the words of negotiation –
30 minutes
3. Using any of the case studies from any of the modules, and a check list, students draft a
short legal opinion- 20 minutes
4. Sample presentations of the draft legal opinion are made and discussions follow – 30
minutes
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15 MINUTES BREAK
1. Tutor presents short case studies and students are required to individually write client letters
on these case studies – 40 minutes
2. Sample letters are presented and discussion on parts of a letter follows – 30 minutes
3. Write a letter --10mins
4. Using a case study provided by tutor, students individually draft the minutes of meeting;
curriculum vitae and office memorandum --- 1hour
5. Selected students present the drafts --- 30 minutes
6. Assessment and evaluation --- 10 minutes
TYPES OF LETTERS
We have two basic types of letters
1. Informal /social letter such as letter to a friend, parent etc
2. Formal/official/business letter such as Application letter, letter of offer and acceptance,
Demand letter etc.
OFFICIAL LETTERS THAT A LAWYER CAN WRITE INCLUDES;

TYPES OF FORMAL DOCUMENTS
1. Status letters- report of current position of a matter;
2. Confirming /Instruction Letters- reaffirms oral discussion, e.g., Oral instruction.
3. Opinion Letters-this offers legal advice/opinion to a client.
4. Demand letters-request recipient to perform an obligation it owes the writer.
5. Letter of adjournment – request the court to adjourn a matter, giving reasons for
lawyer’s inability to attend court.
6. Letter of Complaint-e.g., Petition, Nuisance
7. Letter of offer/Acceptance-of contract, conveying clients offer to 3rd party; or
acceptance of 3rd party’s offer for client.
8. Letter closing a client’s case file- conveying to a client that his/ her matter has been
concluded and case file closed.
PARTS OF A LETTER
It is traditionally supposed to be on a letter head Letter Head should contain;
• the name of the law firm,
• Address of the office
• Telephone number and fax number (if any) and
• other information that the legal practitioner deems necessary.
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DATE- the date on which the letter is written.

• Insert if column is on letterhead in the order day, month (in words) and year. E.g., 27th
November, 2022
REFERENCE NUMBER-should be two. i.e.

• Our ref: and
• Your ref:
• Useful for filing and cross referencing
WRITERS ADDRESS;
• If printed on letterhead, 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.
CONFIDENTIAL-used where the letter is only for the eyes of the person to whom it is
addressed.
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, Dear Madam.
• If there is familiarity between parties, Dear Mr Xxx or Dear Mrs Yyy
SUBJECT MATTER- captures the subject of the letter

• Written in sentence capitalization
• Should be highlighted
• Should be concise and precise.
• This is also called the heading of the letter
BODY OF THE LETTER- contains

• Opening-introduction or acknowledgement.
• Main part-brief facts of the matter necessitating the letter and action expected from
recipient.
• Closing part- 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”
SIGNATURE, NAME AND DESIGNATION OF WRITER
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• Writer to sign on top of his/her name

• Wrong to sign in the name of a law firm without the person’s name SCC (Nig. Ltd) v
Ekenma (2009)
• When signing on behalf of someone, indicate by adding “for” or “PP” before the
signature
ENCLOSURE: ‘ENCL’
• List of documents attached to the letter is made under this at the end of the letter.
COPIES; “CC” not “BC”

• State names and addresses of other persons to who copies of letter is sent to
• It sometimes contains certain statements not in the original letter. For example, copying
the landlord in a letter sent to the tenant to probable desist from committing an act.
TERMS FOR NEGOTIATION:

‘Subject to contact’ and ‘without prejudice’ in a letter
• These are called terms of negotiation in a letter.
• These statements are made under privilege.
• They are covered by S26 EA.
• Used by parties when negotiating
• Such documents are generally not admissible in evidence.
Subject to Contract;
• When used, parties are not bound by the terms of the negotiation until a formal contract
is entered into and executed.
• Use of term would be of no effect where parties have concluded negotiation UBA v
Tejumola & sons (1988)
• The effect is a matter of construction
Without Prejudice –
• Makes the document not admissible in evidence against the maker.
• Exception is where the maker expressly waived this right.
• Need not be stated in a document, as can be inferred from party’s conducts
Ingredients of a good letter

• Good English
• Proper spellings
• Proper punctuation marks
• Be courteous, purposeful and firm
• Avoid over familiarity
• Brevity
• Coherent
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Sample Draft of a Letter

C O AGBATA CHAMBERS (LEGAL PRACTITIONERS), 15 EDUAPL DRIVE,
IKOYI, LAGOS
07035406532
(info@coagbatatlp.com)
Our Ref: 2304______________________________________ Your Ref: _______________
15th August, 2022
Buka Suka
307 Lekki Drive
Lagos
Dear Sir,
RE: AVAILABILITY, CHECK AND RESERVATION OF THE NAME, JOURNEY
MERCIES TRANSPORT
We refer to your instruction on the above. We are glad to inform you that the Journey Mercies
Transport Company has been approved by Corporate Affairs Commission.
Please be informed that in other to complete the process of registration, we hereby request the
following documents:
1. Two passport photographs of the person applying for the registration;
2. N10, 000 (ten thousand naira) being the amount for the filing fees;
3. N20, 000 (twenty thousand naira) being the amount for use of certificate;
4. The address of place of business; and
5. Nature of business.
Thank you.
Yours faithfully,
Chris Ozo Agbata
(Principal Partner)
For: C O Agbata Chambers LP
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MINUTES OF MEETINGS
• Minutes of meeting is a written summary of things discussed in a meeting.
TYPES
• Word for word; verbatim account
• Narrative; a third person narration
• Resolution minutes; stating the resolutions
TIPS FOR EFFECTVE MINUTE WRITING;

• Know the purpose
• Keep it concise
• Get the right information and follow the right format
• Keep a record.
• Use simple language
• Proof read your work
GUIDELINES OF A MINUTES
1. Heading; Proper heading
• Type of meeting; yearly/monthly
• Venue of the meeting
• Date of meeting
• Time of meeting
2. Attendance at the meeting

• Present (list of members present)
• In attendance (list of persons not members who are in attendance at the meeting)
• Apologies (list of members that took permission to be absent)
• 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. Issues discussed Reports Resolutions
7. Issues discussed following the Agenda Discussions on the issues in the agenda Itemized
issues discussed & resolutions reached on each.
8. Any other business; Other general issues discussed 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 the
Chairman and Secretary of the meeting.
Robert’s Rules of Order:

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i. Call to order
ii. Roll call of members present
iii. Reading of minutes of last meeting
iv. Officers’ reports
v. Committee reports
vi. Special orders; important business previously designated for consideration at this meting
vii. Unfinished business
viii. New business
ix. Announcements
x. Adjournment
Contents
i. Type of meeting
ii. Heading (date, time and place)
iii. Attendance
iv. Opening remarks
v. Minutes of last meeting
vi. Discussion of on matters arising
vii. Resolutions
viii. Any other business
ix. Adjournment and closing
85
Sample Draft of Minutes of Meeting

MINUTES OF THE QUARTERLY FIRM MEETING OF C O AGBATA CHAMBERS
(LEGAL PRACTITIONERS) HELD ON THE 15TH DAY OF AUGUST, 2022 AT THE
CONFERENCE ROOM OF THE FIRM AT 15 EDUAPL DRIVE, IKOYI, LAGOS.
PRESENT
The members present at the meeting were:
1. K
2. K
ABSENT
The members absent in the meeting were
1. k
2. l
3. l
Mr Bakare sent in his apologies for being absent from the meeting
IN ATTENDANCE
APOLOGIES
PROXY
Buka Suka (Representing John Smith)
OPENING REMARKS
The meeting commenced at about 3:00pm in the afternoon. The opening prayer was taken by Mr
Ibekwe Sandra.
READING AND ADOPTION OF THE AGENDA
The agenda for the meeting as contained in the notice of the meeting was read out to include
READING AND ADOPTION OF MEETING OF THE LAST MEETING
MATTERS ARISING FROM THE MINUTES
DISCUSSION OF THE MATTERS LISTED IN THE AGENDA WITH RESOLUTIONS
ANY OTHER BUSINESS
ADJOURNMENT
DATE:
………………… ……………….
CHAIRMAN SECRETARY
86
CURRICULUM VITAE
• This is an outline of one’s qualification and work experiences (educational and
professional history) sent with an application for job. It’s a marketing document in which
an individual markets himself.
• Resume provides a summary of your education, work history, credentials, and other
accomplishments and skills. Typically, a resume is a one-page document and could
sometime be two. Its more concise and precise than a CV.
There are three major differences between a CV and a resume

• The length, the purpose and the layout.
• Though used interchangeably but CVs are used mostly when applying for contracts,
advance research or post-secondary teaching positions while a resume is used for work
search.
Guideline to creating a CV/resume

1. PERSONAL DATA
• Name
• Date of birth
• Place of birth
• State of Origin
• Local Government Area
• Home town
• Nationality
• Sex
• Marital status
• Contact address; home or permanent.
• Contact phone nos & email address
2. EDUCATIONAL BACKGROUND;
A. Schools/institutions Attended with dates

• State 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;

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A. Previous and present work Experiences;

• Name and address of the employer
• Job description
• Period of employment with the employer
• Reason for leaving (if past)
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 expertise should be stated.
4. ADDITIONAL PROFESSIONAL QUALIFICATION

5. MEMBERSHIP OF PROFESSIONAL BODIES (IF ANY)
6. LEADERSHIP POSITION HELD
7. HOBBIES.
8. REFEREES
9. SIGNATURE AND DATE
The applicant should pick out only those that are applicable to him/her.
88
CURRICULUM VITAE
A. PERSONAL DATA
• Name:
• Date of Birth:
• Place of Birth
• Nationality:
• State of Origin:
• Gender:
B. EDUCATIONAL BACKGROUND/PROFESSIONAL QUALIFICATIONS

• School Attended Certificate Obtained Year
C. WORK EXPERIENCE
• Company/Establishment Position Held/Description Period
D. RESEARCH INTERESTS
E. PUBLICATIONS
F. CURRENT RESEARCH WORK
G. ASSOCIATIONS
H. HOBBIES
I. REFEREES
J. CURRENT CONTACT ADDRESS
………………………..
(Signature)
Dated …………day of ………………. 2022
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OFFICE MEMORANDUM
• This is a written communication between staff in a medium or large law firms and other
business organization.
• It is a legal document that should be written in a professional manner> can be used as
evidence in court.
Guidelines for drafting OM

• Heading:
o TO (designation of receiver)
o FROM (designation of writer)
o DATE (date is made)
o SUBJECT (subject matter)
• Body of the Memo:
o Statement of the problem
o Discussion on why the problem exists
o Suggest course of action Conclusion statement
o Signature/initial, name and designation of the maker
o List of recipients of the memo.
Hints on Drafting Office Memo

• Use conventional style and words like ‘I’ ‘you’ and ‘we’>more personal.
• Use active voice and not passive voice,
• Talk as if face to face.
• Be formal and professional
• Use simple and clear language.
• Keep to the important topics> avoid unnecessary adjectives.
• It should be short and straight to the point
• Avoid slangs.
• Keep paragraphs short
• Be accurate and honest
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Sample draft
C O AGBATA CHAMBERS LP
15 EDUPAL DRIVE, IKOYI, LAGOS
MEMORANDUM
FROM: The Head of Chambers
TO: All legal practitioners
DATE: 15th August, 2022
SUBJECT: DIRECTIVES FROM THE PRINCIPAL PARTNER
Dear colleagues
I have been directed to inform you as follows:
1. All lawyers of the firm must specialise in a particular area of law.
2. Attendance at the annual Nigerian Bar Association conference is now compulsory for all
lawyers in the firm.
3. That the firm shall see to the effective training of externs from the Nigerian Law School. These
changes will be effected on 15th August, 2022.
Please forward to me your area of interest for your specialised practice of law and any comments
on how to effectively train the externs and the compulsory attendance at the NBA conference by
15th August, 2022.
Thank you.
……………….
Mrs Roselyn Matthews
Head of Chambers
Distribution List
1. A
2. A
3. A
CC.
1. S
2. A
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LEGAL OPINION
• A legal opinion is a written statement by a court, judicial officer or legal expert as to the
legality or illegality of an action, condition or intent.
LAYOUT OF LEGAL OPINION;

Subject matter; question for opinion is stated clearly.
State the facts; in a manner, as to bring out the materials for answering the question
Analysis; on which opinion depends; Set out the laws applicable
• Set out conditions that should exist for answer to question to be negative or positive.
State the actual stand of the client according to law.
Opinion Proper; answer to the question;

• Try to answer with a monosyllabic yes or no referring to paragraph number and facts
sections justifying the opinion.
• Answer should be as short as possible.
• If question is “why….” must explain with reference to facts and analysis
User disclaimer; the fact that opinion is based on;

• Law as it stands and that date and
• Facts available to you
• Can list documents supplied to you
RULES TO OBSERVE;
• Aids to clearness and accuracy; capitalization, punctuation marks, etc
• Sentence structure; short and simple
• Habits to avoid; verbosity, archaic words, etc
METHOD OF DRAFTING LEGAL OPINION

• The method to be adopted in drafting LO depends on who it is meant for.
• Thus, a legal opinion can be drafted as;
• A letter; example is where a client requires a legal opinion.
• A memorandum; example is where a boss in the office requires a legal opinion.
CHECK LIST FOR DRAFTING

• If addressed to client, it should be in laymen’s English
• Should have subject matter
• Clearly define the topic in the introduction; the question on which the opinion is being
sought.
• Should be numbered in paragraphs for easy referencing.
• Ensure you have ideas to back up your opinion
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Legal Opinion
Introduction
I, C. O. Agbata of C O Agbata Chambers LP, at 15 Edupal Drive, Ikoyi, Lagos, have been
engaged by Professor Buka Suka, the Chairman of the Independent National Electoral
Commission to write a legal opinion on the right of internally displaced persons to vote in the
2015 gubernatorial elections.
Summary of Facts
………………….
Relevant Statutory and Case law
……………..
Recommendation
……………...
Cover Letter Forwarding the Legal Opinion to the Chairman of INEC

C O AGBATA CHAMBERS (LEGAL PRACTITIONERS), 15 EDUAPL DRIVE,
IKOYI, LAGOS
07035406532
__________________________________________________________________________
15th August, 2022
For the attention of Professor Buka Suka

Chairman, Independent National Electoral Commission
436 Zambezi Crescent
Maitama District
Federal Capital Territory
Abuja
The Chairman, Independent National Electoral Commission

LEGAL OPINION ON THE VOTING RIGHTS OF INTERNALLY DISPLACED
PERSONS
93
I am writing with regard to the legal opinion on the right of internally displaced persons to vote
you requested on 15th August, 2019.
Please find enclosed, the copy of my report on the issue above. Please, do not hesitate to contact
me if you have any further queries.
Yours faithfully,
_________________
Chris Ozo Agbata
For: C O Agbata Chambers LP
Encl
(1) Legal opinion on voting rights of internally displaced persons.
PRE-CLASS ASSIGNMENT
Timothy Ebuka, a legal practitioner with the law firm of Humility Chamber at No.5, Kanta Road,
Yola. In 2018 he was engaged to represent Alhaji Ibrahim Ali of No.10 Enugu Road, Yola for
recovery of 300 million Naira balance owed to Alhaji Ibrahim Ali by Hakuna matata University
Yola, Adamawa State for the construction of an ultra-modern auditorium with three thousand
(3000) sitting capacity which was completed since February 2017. The matter was before
Adamawa State High Court No.5.
On 13th April 2018 when the matter was slated for hearing, he could not go to court due to ill
health. Consequently, he wrote to the court informing it of this fact.
On 20th September 2018, the court delivered its judgment in the matter in favour of Alhaji
Ibrahim Ali for the sum of 300,000 million Naira.
Answer the following questions;
1. Alhaji Ibrahim Ali having retained Timothy Ebuka as his counsel, and want his instruction to
be in writing, draft the appropriate letter.
2 Draft the letter that was issued to Hakuna Matata University by Timothy Ebuka asking for the
payment of the sum owed Alhaji Ibrahim Ali.
94
WEEK 11: LEGISLATIVE DRAFTING

CONTENTS
1. Principles of legislative drafting
2. Parts of legislation
OUTCOMES
1. Explain the parts of legislation;
2. Explain and discuss the principles, stages, and formalities of legislative drafting;
3. Critique a legislation or draft legislation;
4. Draft a simple legislation
Activities before the lesson
1. Students are expected to read the topic in advance of the class activities.
2. Each student is to study as many legislation as possible in advance
3. Each student should bring the I999 Constitution as amended and at least two statutes to class.
Activities during the lesson
1. Tutor gives an overview of parts of legislation; principles, stages, and formalities of
legislative drafting – I hour;
2. Tutor presents a checklist of guidelines of principles for standard drafting of legislation and
with the guidelines students are to review privately the laws brought to class to be able to
critique the laws by identifying whether or not they conform to the principles of drafting
legislation. The opinion of the students should be set down in writing - 30 minutes
3. Students present their written opinion on the laws and discussions follow – 30 minutes
15 MINUTES BREAK
4. Tutor presents case studies and requests students to draft legislation- 1hr minutes
5. Students present the legislation drafted in activity No. 5 and discussions follow- 50 minutes
1. Meaning of Legislative Drafting

Drafting process is the process through which the instruction of the sponsor of a bill is written
in the form of a bill. It involves clearly understanding the instruction and the intention of the
sponsor and to ensure that the intention is put in a legal format, namely a bill. It is different from
legislative process, which involves the procedure for the transformation of a bill to a law in a
95
legislative house. The latter included; first, second, committee, report, third, clean copy and
assent stages.
2. Qualities of a Good Draftsman
The qualities include but not limited to:
i. Good command of English
ii. A sound knowledge of the principle of law
iii. Understanding the society of operation
iv. Hard work and Dedication
v. Patience
3. Stages of Legislative Drafting TADCS
i. Taking and Understanding Instruction: It involves getting sufficient background
information, the principal object of the law, the means of achieving the law and the
possible problems that may be encountered.
ii. Analysis: It involves considering any existing law, potential danger areas,
practicability, categories of person to be affected, penalty for the breach, conflict with
the constitution, ascertaining the enacting authority.
iii. Designing: This consists of the outline or the structure of the bill i.e., whether it will
be divided in to Chapters, Parts, Sections, Subsections, Paragraphs, Sub-paragraph and
Sub sub-paragraphs etc.
iv. Composition: This involves the preparation of the bill in terms of content. Under this
stage, the draftsman uses simple and clear English to prepare the bill. The use of
precedent is highly recommended in this stage.
v. Scrutiny: This involves editing the bill to ensure it is error free in terms clarity of
grammatical expression, punctuation marks, spellings, cross references, numbering etc.
4. Formalities and Arrangement of Legislative Drafting
• Legislation can be arranged in Chapter, Part, Section, Subsection, Paragraph, Sub-
paragraph and Sub sub-paragraph.
• Chapters and Parts are usually written or numbered in Capital Roman numeral. For
example, I, II, III, IV.
• Sections are usually numbered in Arabic numeral without bracket and Subsection in
Arabic numeral in bracket. For example, 6 (5)
• Paragraphs are written in small letter alphabet in bracket, the Sub-paragraph in small
letter Roman numeral in bracket and the Sub Sub-paragraph in capital letter alphabet in
bracket. For example, (a) (i) (A). See section 254C of the 1999 Constitution as amended
• Heading- should be in bold print/ Sub-heading should be in italics. For example, see
Chapter V, Part I of the 1999 Constitution as amended.
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• Marginal Note- it gives concise indication of the content of a section. It is also known
as Section Heads or Section Head Notes. It can be written on the left or right, above or
beside the section. It does not form part of the law.
• Capitalisation- introductory clauses, all proper noun, names etc. start with a capital
letter.
• Punctuation marks- a bill should be properly punctuated. For example, introductory
clause ends with a colon or dash; independent sub- clauses end with semi-colon; the last
independent sub-clause ends with a full stop if no closing clause and a comma if there is
closing clause. The closing clause ends with a full stop.
5. Principles of Legislative Drafting
i. Avoid the use of unfamiliar words and phrases. For instance, Pursuant to, in toto, per
diem etc.
ii. Avoid excessive and intricate expression
iii. Avoid inconsistency. For instance, Buyer/ Purchaser
iv. Avoid the use of legal pair. For instance, Null and void and of no effect and had and
received etc.
v. Avoid passive language/voice. For instance, the bill was prepared by the draftsman
instead of the draftsman prepared the bill
vi. Avoid the use of archaic words and expressions. For instance, hereinafter, said vendor,
witnesseth, whereas etc.
vii. Avoid the use of latin words. For instance, inter alia, in pari materia, sine die etc.
viii. Use noun instead of pronoun if it will lead to ambiguity.
6. Segments of a Legislation
Legislations are divided into the following segments:
• Preliminary provisions: (is made up of the; long title, preamble, Enacting Clause, Short
title, etc)
• Principal provisions: (substantive and administrative provisions)
• Miscellaneous provisions:
• Final provisions: (Saving, transitional provisions, repeals, consequential amendments
and schedule)
A. Preliminary Segment: the preliminary segment includes the following:

i. Long title
• The long title states the general purpose of the statutes. In a statute it normally begins
with the phrase: AN ACT and A LAW for legislation by the National Assembly and State
House of Assembly respectively. When drafting a Bill, you begin with the phrase: A BILL
FOR AN ACT and A BILL FOR A LAW for National and State House of Assembly
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respectively. 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. It should be noted that the whole of a long title is usually written in capital
letters. For example, A BILL FOR A LAW TO PROHIBIT STREET HAWKING IN
KADUNA METROPOLIS AND FOR RELATED MATTERS.
• The long title should be drafted in terms wide enough to embrace the whole of the
contents of a bill.
• It can be relied on to interpret an ambiguous part of a legislation. Bello v AG Oyo State
(1986)5 NWLR (Pt.45) 828.
ii. Preamble
• A preamble is used instead of a long title to explain the reason for a particular legislation
and its desirability. It is used where the subject matter is to remedy exceptional local
problems; legislation of constitutional or international importance; in decrees and edits
by military regimes and international treaties.
• It is generally used in recent legislation where: one, the subject matter of the legislation
is of constitutional or international importance; and two, the legislation is of a formal or
ceremonial character or intended to mark a noteworthy event such as an anniversary,
state visit or historic occasion.
iii. 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.
iv. Commencement
• This indicates the date when the law will come in to force or effect. A legislation may
come in to force:
a. On the date stated;
b. Where an authority is to specify;
c. On the occurrence of an event;
d. Where no provision is made, it will commence on the day it is assented to.
• There are various ways of drafting the commencement clause:

• Usually written at the right-hand side in either of these two ways- [13th July 2022] or
Commencement [13th July 2022]
• Sometimes it forms a section of the law. For instance, This Law shall come into force on
the 13th July 2022.
• 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)
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• The day of assent. For instance, The Act shall come in to force the day the President
assents to it.
v. 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: ENACTED
by or IT IS HEREBY ENACTED by. For instance, ENACTED by the National Assembly
of the Federal Republic of Nigeria as follows: or
• 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.
vi. Interpretation Clause
• Interpretation clause gives meanings and explanations to words used in a legislation. In
drafting, it usually begins with the phrase: In this Act/Law or 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.
• For instance, In this Act, unless the context otherwise requires:
• Regulation means------------------------
• Corporation includes---------------------
vii. Application
• Application indicates, the persons, territory or subject matter which the legislation shall
apply to.
• For instance, This law shall apply to all disable persons in Lagos State.
viii. Duration
• Duration indicates the period of time that a legislation will be in force. For instance, This
Law shall continue in force until the 30th June 2010; This Act shall continue be in force
until it is repealed; This Law shall come in to force on the 1st August 2022 and shall
continue in force for 5 years.
B. Principal Segment
• This segment provides for substantive and administrative matters which includes
establishment and administrative provisions
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i. Establishment provisions
• The establishment provision is used where the legislation establishes a statutory or
regulatory body. It includes the Establishment clause, Membership, Management,
General duties, Finance and Tenure of office.
• Establishment Clause
• It provides the name of the body or the agency established under the law. It is usually
drafted by using the following phrases: 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). For instance, There is established a body to be
known as the Environmental Sanitation Regulatory Agency Adamawa State.
• Administration provisions
• Administrative provisions consist of the execution of documents, the use and custody of
seal, the staff of the corporation, meetings etc.
C. Miscellaneous Segment
• This segment deals with offences and penalties, miscellaneous and supplementary
provisions, power to make subsidiary legislation etc.
D. Final Segment
• Savings; this is used to preserve or save a law, a right or a privilege which would
otherwise be repealed or cease to have effect. Savings is usually as follows: Save and
except as otherwise provided, section 3 shall not be repealed under this amendment.
• Repeals: legislation is repealed when its operation is brought to an end by the legislature.
The repeal of a law may be express or by implication. See Raleigh Industries (Nigeria)
Ltd v. Nwaiwu (1994) 4 NWLR (Pt.342) 760. Note the effect of the repeal of a law- S6
Interpretation Act, 1964 See Sossa v. Fokpo (2000) FWLR (Pt 22) 1111.
• Marginal Notes: Also referred to as statutory signpost; they indicate what to find in the
section to which they are annexed. They are contained in the margin of each section. See
A. G. Federation v. ANPP (2003) 15 NWLR (Pt 844) 600. In some jurisdictions
marginal notes are referred to as―section notes‖, in some, ―head notes‖ or ―shoulder
headings. They correspond to the arrangement of sections of the legislation
• Transitional provisions:
• Schedules: A schedule is a device in a law by which matters of technical and detailed
nature that naturally belong to an enacting section are arranged away in the schedule to
avoid clumsiness and distraction when reading the law. They also ease comprehension
of such provision. A schedule forms part of the law where they are referred to in the
enacting section. This is called incorporation by reference. They also refer to the section
which enacts them. This is cross referencing. See A.G. v Lamplough (1878) EXD 214
229; Egolum v Obasanjo (1999) 5 SCNJ 71 at 129.
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• Citation:
• Explanatory notes: Does not form part of a law - See Udoh v. National Orthopaedic
Hospital Management Board (1973) 7 SCNJ 432; (1973) 7 NWLR (Pt 304) 139 at 148;
A.G. Abia State v. A.G. Federation (2003) 4 NWLR (Pt 809) 124 Schedule is used to
banish details from the body of a legislation. It constitutes a part of a legislation.
Aids to Good Draftsmanship
• A drafts man should be able to:
i. Adequately elicit the relevant instruction and capture the intention of the sponsor
ii. Use proper language and grammar
iii. Demonstrate skill, ingenuity and creativity
iv. Use relevant existing precedents
iv. Be brief, concise and precise
Phrases used in statute and their meaning

• Without prejudice: What is in the previous known section should not affect the present
section. Thus, it does not negate the section. Both are valid.
• Notwithstanding: It serves as a proviso and overrides any other provision. It exhumes
superiority. Example is section 251(1) CFRN, 1999 on the civil jurisdiction of the Federal
High Court.
• Subject to: This is the opposite of notwithstanding. Thus, it is inferior or subordinate to
a section.
• Provided that – It qualifies the provision of the section. It could qualify the consequences
of the section.
ASSIGNMENT
Kidnapping and armed banditry have been on the increase in recent times in Zamfara State.
Regrettably, several persons have been killed and property worth millions of naira destroyed by
armed bandits. The state government is worried by the nefarious activities of the armed bandits
and has resolved to enact a law that will prescribe death penalty for kidnapping and armed
banditry. Under the law, a body will be established to strictly monitor the implementation of the
law. The law when enacted will come in to force on the day the governor assents to it. As a
counsel in the Zamfara State Ministry of Justice, the solicitor general has instructed you to
prepare a bill that will be presented to the Zamfara State House of Assembly for the enactment
of the legislation.
Answer the following questions
1. Identify the stages you will follow to enable you prepare the bill for presentation to the
House of Assembly
2. Assuming analysis is one of the stages you identified in 1 above, mention the factors that
will be considered in that stage
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3. Draft the following parts of the proposed legislation

a. Long title
b. Commencement
c. Short title
d. Enacting Formula
e. Establishment Clause
f. Interpretation Clause by giving the word kidnapping a closed definition and armed
banditry an open definition
4. State three duties you owe the Zamfara State Government in the circumstance
5. Mention three qualities you need to possess that will help you to properly carry out the
assignment.
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WEEK 12: RULES OF INTERPRETATION OF STATUTES AND INTERVIEWING

AND COUNSELLING SKILLS
CONTENTS
1. General principles of Interpretation of Statutes. Examples, literal rule, golden rule,
mischief rule, ejusdem generis, maxims of interpretation of statutes etc;
2. Advertising, soliciting; Use of agents and touts to attract business.
3. Explain the purpose, stages and criteria for an effective client interviewing and
counselling;
4. Plan and prepare for a client’s interview.
5. Conduct an interview
6. Stages of interviewing
7. Counselling a client
OUTCOMES
1. Explain and discuss the scope and application of rules of interpretation and construction
of statutes
Activities before the lesson

1. Students are expected to read the topics in advance of the class activities including case
law, statutes and rules, on the topics.
ACTVITIES
1. Tutor in an overview, explains the rules as well as the maxims of interpretation of statute
and the scope and application of the rules and maxims. – 15 minutes
2. Group discussion of rules of interpretation- 10 mins
3. At plenary, groups make presentation of work in No 2 activity and general discussion
followed by question and answer session- 10 minutes.
15 MINUTES BREAK
2. Tutor gives an overview of client interviewing and counselling with questions and answers-
30 minutes;
3. Tutor presents a scripted role play that raises issues of “meet and greet” stage, starting the
interview and telling the story stage; and issues of conflicts of lawyer’s interest and
confidentiality. (The role play would not extend to counselling stage) – 15 minutes.
4. Students discuss the role play and the issues raised– 20 minutes
5. Students perform additional role plays or video clips are shown; debrief and Discussions
follow – 40 minutes
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INTERVIEWING AND COUNSELLING SKILLS

Interviewing
• The process (verbal or written communication) of eliciting relevant information
WHO
• Client
• Witnesses
Purpose of interview
1. To form an attorney-client relationship
2. To ascertain why the client requires the assistance of a lawyer
3. To learn the goals of the client
4. To get detailed information on an issue or matter.
5. The facts elicited helps the lawyer in offering legal advice to the client concerning the
matter.
6. To get information that will help a lawyer analyse the legal issue presented by the client.
7. It also helps the lawyer pick the best option to solve the client’s issue
8. To alleviate the client’s anxieties and concerns over the matter.
Essentials for an interview

1. Law office – R. 22 RPC
2. Good communication skills (vocal, verbal and visual)
3. Assurance of confidentiality – R. 19 RPC (except for exceptions)
4. Appearance
5. Demeanour and attitude (patience, no distraction)
6. Note taking (where there is no recording device)
INTERVIEW PLAN
Advantages of interview plan
1. It helps the lawyer organize his thoughts and so give maximum attention to the client
2. It helps the lawyer to follow a logical pattern in conducting the interview
3. It ensures that all the vital areas are covered in the course of the interview
4. It projects the lawyer as organized and competent Interview
Disadvantages of interview plan

1. It may interfere with the flow of communication
2. It may restrict the client from divulging some information
STAGES/STEPS IN INTERVIEWING – NLS Model (PSLDCC)

1. Preparing for the interview
2. Starting the interview (Meet and Greet)
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3. Let the client tell the story (Connecting Stage)

4. Information gathering (Questioning Stage)
5. Analysis Stage
6. Closing the interview
Preparing for the interview

This will involve:
• Securing the appointment
• Fixing the date
• Time and
• Venue or place except client is already in the office, in which case the clerk will enquire
from the client his name, address, occupation and reason for his coming.
• Sometimes Forms are provided for this purpose and is filled before client is brought into
the inner chambers.
• This helps counsel to quickly familiarize himself with the specific area of law required
and also gives an impression of proper organization.
Starting the interview (Meet and Greet)

• It is wrong to be late or even absent after fixing an interview. Reach the client beforehand
and reschedule with apologies.
• This is also called the meet and greet stage.
• Welcome the client. There should be sincere exchange of greetings and pleasantries.
• Introduce yourself and other partners present even if you had known each other before.
• Give opportunity for client to introduce himself (not by nickname) and any other person
with him.
• Offer comfort and make him relaxed. Usher him to a chair. If he is a religious leader, ask
him to lead a prayer. Offer him water, tea, coffee, or other drinks
• Ask him specifically for his occupation
• This will not only help you in deciding the language of the interview but also give you
an idea on how to charge. His occupation tells you whether he is a man of means or straw.
Do not allow any other person with him to talk for him.
• It is at this stage that you expose the fiduciary relationship that is existing between you
and the fact his confidences will be kept.
• If the lawyer intends to adopt any particular method of interview, it is at this stage that
you explain it to the client.
Telling the story (Connecting Stage)

• It is at this stage that the client tells his story.
• Unless absolutely necessary, counsel should restrain himself from interrupting the client
but rather take notes on points where he may require clarifications.
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• He must at this stage plug to his listening skills, avoid being distracted by his staff, phone
calls, music and the like.
• Exhibit patience and concentration
• Repeat key words or phrases and show keen interest.
• Use non-verbal signals to demonstrate attention.
• Take copious note.
• If he is too fast, halt him to get the missing part but do not talk too much.
• Go through the note and determine the legal problems to help you formulate follow-up
questions.
• Adopt positive non-verbal communication gestures to help the client disclose all essential
facts.
• Gestures such as eye contact, facial expression, hand and leg movements helps to gauge
feeling and state of mind.
• In turn, you must observe the client’s nonverbal communication tips and respond
appropriately.
• Infect the client with your relaxed posture.
• Keep a poker face and be a shock absorber.
• Do not show negative surprises, shock or disdain.
Information gathering (Questioning Stage)

• Generally, information is gathered through question and answer.
• You may adopt a cognitive interview approach, that is, you may tell the client to
reconstruct the event and try to relive it in his mind before narrating it to you. It’s an
opportunity to help him organize his thought.
• Open or closed questions or both may be employed depending on the nature of
information you want from the client.
• Open questions are questions which give opportunity to the respondent to tell his story.
They do not require specific answers.
• You must however be vigilant while using open questions in order not to allow the client
go on a frolic or wild geese chase.
Advantages of open questions include:

• Helps you to discover gaps and whether the client is lying.
• It’s a catalyst for client to open up as he has a feeling of controlling the discussion.
• It facilitates recalling of memory
• Helps the client to choose aspects that are most important to him and discuss them.
• The client is more relaxed and is able to discuss sensitive, intimate and difficult issues.
• It provides opportunity to counsel in assessing the client as he tells his story.
• Counsel is also able to gain insight into the most important goal of the client.
Disadvantages may include:
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• Insufficient details may be provided by taciturn or reticent clients, and that case you must
probe.
• It may make it difficult for client to know where to begin his narration in complex cases.
• It may also encourage rambling.
• Note however, that minute details may become use in the process. Don’t accept that “it’s
a long story”. You must devote time and energy to the interview.
Closed Questions
• These are questions that require short or specific answers. YES or NO if you like.
• It is very useful at the preliminary stage of the interview.
• It can also be employed in focusing a shy or incoherent or stammering client to the
direction you want to go.
Advantages include:
• It assists the client in remembering specific things that relate to his problem
• Helps baby-sit the client into the extraction of specific details of his general narrative.
• It directs reluctant clients to important information required
• Helps the lawyer to fill in gaps in the general narrative.
Disadvantages may include:

• It may lead to catechizing or grilling (interrogation) instead of interviewing.
• Omission to ask the key questions may lead to loss of valuable information
• Single as opposed to loaded questions or double barrel questions should be asked.
• Your questions should be as simple and straightforward as possible.
• Don’t get upset even when you perceive the client to be lying. He is not under cross-
examination.
Analysis Stage
• This where the lawyer analyses the facts and associate them with legal theories and
concepts that help him to determine the remedies available to the client.
• The consequences and implication of each remedy must properly be analysed and
explained.
• Counsel should be interactive here on the options and allow client to dictate his
preference.
• After analyses, if there is none or little available remedy, or risk, disclose it without fear.
Rule 14 RPC
• Disclose any conflicting interest and respond to his question as honestly as possible.
• Note that you must take full and exhaustive notes. That is full instruction. Griffiths v
Evans
• You may use tape recorders where it is available.
• Where they pretend to be in a hurry, reschedule for another interview.
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Closing the Interview

• After analysing the issues, ascertain from the client the specific instructions and exactly
what he wants you to do for him.
• Refrain from making the decision for the client as to the remedy to adopt.
• You can decide at this stage to do pro-bono or enter into any contingent fee arrangement.
• Finally, do the housekeeping by going through the notes, fill in the gaps and determine
whether you need further clarifications in any areas and whether the instruction given is
adequate to solve the problem Whether further interview will be required
Open Question
Advantages of open questions
1. Encourages the client to open up and give more details
2. Enables the client discuss on areas that are very important to them.
3. It encourages recall by the client
4. The client feels at ease and discusses sensitive and difficult issues
5. Gives the interviewer an opportunity to observe the client and assess him
6. Enable the interviewer know the most important goal of the client
Disadvantages of open questions

1. It can encourage rambling
2. It may not provide sufficient details of the facts to the interviewer
3. An open question may confuse the client
Closed question –
Advantages of Closed questions
1. The provision of specific details of the facts already narrated by the client
2. It helps in directing a client to the information required by the interviewer
3. It also assists the client in recalling specific events connected to his issues
Disadvantages
1. It may lead to interrogation not interviewing
2. Failure to ask key question may lead to loss of valuable information
3. Analysis Stage - evaluate the facts as narrated by the client
5. Closing the interview –
OTHER MODELS
a. Chay and Smith (7 Stages)
1. Preparation for the interview
2. Commencement of the interview
3. Appreciation of the client’s problem from the facts
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4. Identification and evaluation of the legal remedies available to the client

5. Taking instruction from the client
7. Reflecting on the conduct of the interview
Mike Wolfe (5 Stages)

1. Listening to the client
2. Analysis of the facts given by the client
3. Investigation of the facts
4. Taking decision on the next line of action
5. Implementation of the decision taken
Avrom Sherr – (3 Broad Stages)

a. Listening –
i. Meeting and introduction by lawyer and client
ii. Getting the story from the client through preliminary questions
iii. Listening to the story narrated by the client
b. Questioning
i. Clarification of the facts by use of questions
ii. Summary of the facts stated by the client
iii. Note taking of facts as narrated by the client
c. Advising
i. Giving advice to the client
ii. Evaluate client’s reaction to the advice and amend where necessary
iii. Identify follow-up work to be done by the lawyer
iv. Identify follow-up work to be done by the client
v. Identify any other matter to be dealt with
vi. Closing the interview
Brayne and Grimes (11 Stages)

1. Preparation for the interview
2. Connecting or Introductory matter
3. Establishing legal framework relating to the solicitor’s charges
4. Listening to the client’s story
5. Identification of legal issues from the facts
6. Questioning the client on the facts he narrated
7. Analysis of the facts
8. Summary of the facts
9. Handing over to the client to take decision
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11. Housekeeping (going through the notes to identify areas that may need clarification), etc
COUNSELING
• Counselling is giving advice to a person after hearing, considering and or observing that
person and the circumstance of his or her problem. It’s simply a process where a person
is helped to reach a decision.
• Effective counselling must be client-cantered and based on the identified goal of the
client and after full facts have been ascertained.
• It is actually this counselling that makes you the expert and whilst on it, open up all the
options and ensure that the client retains the freedom of choice so that he becomes
responsible for the consequences of any action taken thereafter.
• It is here that you must resist the spirit of champerty in order to share gain with client.
• Do not succumb when the client pushes you to make the choice for him.
• You must respect the client’s choice even if it turns out to be a bad choice. All you owe
him is to explain the implication of any choice he is making.
• Again, your communication skills of verbal, vocal and visual are indispensable in giving
counsel. You must be as clear as is possible.
• Your counsel must be within the confines of the law.
• You cannot assist or advise on how to commit crime, fraud or any illegal or immoral
purpose. You must decline the brief where that is the case.
• Avoid giving confident assurances as to how simple the matter is as this could be a bases
for an action in negligence.
• Your counsel must take into cognizance the provisions of the RPC. Onitiri v Fadipe
• Giving legal opinion based on facts relayed by the client.
• Counselling should be directive and client-centred
• The client should be told of alternative courses of action; and legal and non-legal
implication
• Lawyer can tell client of his preferred option but should still leave the final decision to
the client
• Lawyer should respect a client’s final decision
• Don’t counsel clients to commit crime, corrupt public officers, or commit illegal acts
RULES OF INTERPRETATION OF STATUTES

Introduction
The rules evolved because the Interpretation Act and the Interpretation sections of Statutes are
of limited application; as they merely define only a few terms and phrases.
These ‘Rules of Interpretation of Statutes’, some of which are expressed in maxims are largely
products of case law and they provide a guide to the interpretation of statutes.
Why the need for rules of interpretation?
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• Use of broad words.

• Use of ambiguous words.
• Unforeseeable development.
• Inadequate wording etc., Okumagba v Egbe [1965] All NLR 64; Awolowo v Minister
of Internal Affairs [1962] LLR 177
Rules & Approaches to Interpretation of Statutes

i. Literal Rule
ii. Golden Rule
iii. Mischief Rule
iv. Ejusdem Generis Rule
v. Purposive Approach
vi. Ut Res Magis Valet Quam Pereat
vii. Expressio Unis Est Exclusio Alterius
viii. Noscitur a Sociis
ix. Nullus Commodum Capere Potest De Injuria Sua Propria
x. Lex Non Cogit ad Impossibilia
xi. Contra Proferentem
xii. Generalia specialibus non derogant
1. Literal Rule
Where words are clear an unambiguous, it is the duty of the court to give the words their plain
and natural meaning. The power of the court to go out of the clear meaning is restricted Awolowo
v Shagari (1979) 6-9 SC 51; R v Bangaza.
2. Golden Rule
This modifies the literal rule. Where the plain and ordinary meaning of a word will result in an
absurdity or inconsistency, the court may depart from that ordinary meaning and apply a meaning
that will avoid the absurdity Bronik Motors v Wema Bank Plc, Adamolekun v UI (1967) All
NLR 40, National Assemble v. President (2003) 9 NWLR (Pt 824) 104, Grey v Pearson
(1857).
3. Mischief Rule
This rule was formulated in the Heydon’s Case (1584). The Mischief Rule goes beyond the
statute to look at the purpose of the law or the mischief the law was made to cure Abioye v
Yakubu (1991) 5 NWLR (Pt. 190).
In the Heydon’s case the court laid down the following tests under the rule for interpretation of
statutes as follows:
o What was the law before the legislation?
o What mischief or defect for which the old position of the law did not provide?
o What remedy was provided by the current legislation under consideration?
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The court should apply the true reason for enacting the legislation.
4. Ejusdem Generis Rule
- Latin - ‘of the same kind’, means where a list of words forming a class is followed by a general
word, the interpretation of the components of that general word is determined by the class formed
by the list of words Buhari v Yusuf (2003) 14 NWLR (Pt. 841) 446; Jammal Steel Structures
Ltd v ACB (1973) 8 NSCC 619.
The rule is akin to the adage; ‘birds of the same feather, flock together’.
To apply the rule, ascertain the class formed by the list, then determine if the item in issue comes
within that class Fawehinmi v Inspector- General of Police (2002) 7 NWLR (pt. 767) 606 at
683. In illustration, where a law says animals affected under this law are ‘…goats, sheep, cows
and other animals’; An interpretation of the general term ‘other animals’ using the rule cannot
include a lion, since the class consist of domestic animals only.
5. Purposive Approach
This approach relaxes the literal rule which prohibits the resort to extraneous matters in the
interpretation of statutes. The purpose for which a piece of legislation was enacted as reflected
in policies behind the law, background information, legislative history (memos, official reports,
record of proceedings at committee stage) etc., are useful for statutory construction under this
approach.
6. Ut Res Magis Valet Quam Pereat
This means that where there are two possible interpretations, the court should choose the
interpretation that will give effect to the intention of the legislature than defeat it Nafiu Rabiu v
The State 1981 2 NCLR 293
7. Expressio Unis Est Exclusio Alterius
This means that the express mention of one thing is the exclusion of another. That is what is not
mentioned is excluded AG Bendel State v Aideyan (1989) 4 NWLR (pt. 188) 640
8. Noscitur a Sociis
This means that doubtful words or phrases in a sentence may be derived from other words
accompanying it. Thus, the meaning of a word may be enlarged or restricted by referring to the
context in which it is used Garba v Federal Civil Service Commission (1988) 1 NWLR (Pt.
71) 449.
9. Nullus Commodum Capere Potest De Injuria Sua Propria
“No one can derive advantage from his own wrong” Amadi v Nsirim
10. Lex Non Cogit ad Impossibilia
A law cannot demand the doing of the impossible Ohuka v. State (1988) 1 NWLR (Pt. 72),
Buhari 1984 Decree.
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11. Contra Proferentem
“Interpretation against the draftsman or offeror”. It is a rule adopted by the court in the protection
of a person’s property. Thus, in expropriation, all necessary protocols and due process must be
followed.
12. Generalia specialibus non derogant
A general provision does not derogate from a specific provision. In other words, specific
provisions override general provisions Shroeder v. Major (1989) 2 NWLR (Pt 101) 1; A.G.
(Ogun) v. A.G. (Federation) (2003) FWLR (Pt. 143) 206; M. v. Panormous Bay Olam (Nig.)
Ltd (2004) 5 NWLR (Pt 865)1
QUESTION ON INTEPRETATION OF STATUTES

Section 1(a) of the Code of Conduct for the Members of the Nigerian Law School Community
provides that: “The SRC President shall have the power to seize the mobile phone(s) of anyone
found using it in class during lectures.”
Section 2 of the Code provides that: “Where a student is alleged to have committed any
misconduct, a query letter calling for his response to the allegation against him shall be issued
to him, after which a panel shall be set up to investigate the alleged misconduct”.
Section 3 of the Code provides that “Where a student is caught cheating in an examination, a
panel shall be set up to investigate the matter and if found culpable, the student shall be expelled”.
Section 4 of the Code provides that “A student, a lecturer, a cleaner of the Law School, a System
Technician of the Law School or any other person that enters the Lecture Auditorium must clock
in their names on a computer”.
Mr. Ademora, a lecturer at the School and Chinedu were observed using their phones in class
during a Property Law Practice Lecture.
Mr. Ademora during the course of the said lecture informed the class that one of the reasons for
the enactment of the Land Use Act was the problem faced by Government at all levels in
acquiring land for developmental projects. Hence, all land in the country by the provisions of the
Act became vested in the Governor of each state with powers to grant rights of occupancy to
occupiers of land and also deem occupiers of land who were in occupation of any land
immediately before the enactment of the Land Use Act as deemed holders of Rights of
Occupancy. He now posed a question to the class asking “whether a customary tenant could be
deemed as the holder or owner of a right of occupancy over and above his landlord simply
because the customary tenant was in occupation of the said land”?
Guy Bobo was caught cheating during the Bar Final Examinations, a panel was set up to
investigate the matter, he was found culpable and was subsequently expelled. He has sued the
Council of Legal Education in Court contending among other issues that a condition precedent
which is the issuance of a Query Letter to him was not met, hence his expulsion from the school
is a nullity and prayed for an order of court admitting him to the Nigerian Bar and declaring him
a Barrister and Solicitor of the Supreme Court of Nigeria.
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1. With the aid of appropriate Rules of Interpretation of Statutes, advise the SRC President on
why his powers of seizure of phones would not be applicable to Mr. Ademora but may be
enforceable against Chinedu.
2. As the judge in the suit filed by Guy Bobo, which of Rules and Maxims of Interpretation of
Statutes would you employ in rejecting Guy Bobo’s contention regarding the non - issuance of
a query letter to him as a condition precedent to his investigation and subsequent expulsion?
3. As the judge in the suit filed by Guy Bobo, what Rules and Maxims of Interpretation of
Statutes would you employ in rejecting Guy Bobo’s prayers for admission to the Nigerian Bar
by an order of court?
4. With regards to the question posed by Mr. Ademora in class, what Rule of Interpretation of
Statutes would you use in answering Mr. Ademora’s question in the negative? State the steps
you would consider when applying the most appropriate Rule of Interpretation of Statutes in this
circumstance?
5. Assuming the Minister for Justice and Attorney-General of the Federation pays a visit to the
Law School, enters the Lecture Auditorium without clocking in his name on the computer, what
Rule of Interpretation would you employ in justifying his exclusion from the application of
Section 4 of the Code?
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WEEK 13: (i) ADVOCACY PRACTICE (ii) LEGAL RESEARCH; (iii) CLOSING OF
FILES
CONTENT:
I. Introduction to trial advocacy; presentation of opening statement in civil trial.
II. Examination and cross examination of witnesses with emphasis on cross-examination
III. Functions legal research
IV. Sources of materials in legal research
V. How files are closed
VI. Destruction of files
OUTCOME:
At the end of the lesson, student should be able to:
1. Discuss the general principles (including the essence and ethics) of advocacy in the context
of a trial;
2. present an opening statement in a civil trial;
3. discuss the principles of examination- in-chief, cross-examination and re-examination of
witnesses
4. Explain the importance of legal research
5. Explain the sources of materials in legal research
6. Explain when and how clients files are closed in a law office
7. Explain the necessary matters to be dealt with at the time of closing a file;
8. Draft a letter to a client closing a file;
PRE-CLASS ACTIVITIES
Students are expected to read the topic in advance
1. Tutor should provide in advance to the students a scripted record of examination in chief of
a witness
ACTIVITIES DURING THE LESSON
2. Tutor gives an overview of Introduction to trial advocacy and presentation of opening
statement, an overview of the principles of examination –in-chief, cross examination and re-
examination of witnesses- 30 minutes;
3. In the class video clip of NITA’s “the ten commandments of cross-examination” is
previewed- 15 minutes;
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4. There is a general discussion on the video clip, with tutor assisting in drawing attention to
the scope and extent of application of the various commandments to Nigerian jurisdiction
showing differences if any between civil and criminal litigation- 10 minutes
5. Tutor provides a scripted record of examination in chief and requires students to conduct
short cross-examinations on a witness based on the scripted recorded examination-in-chief
and discussion follow. Preparation for this exercise –
(Note that students should be allowed to object to any question asked by their colleague in
the exercise and the student objecting would be required to give reasons for the objections
and takeover the cross-examination where the objection is sustained).
6. Tutor presents special opening speech in criminal trial or plays video clips of an opening
speech like the Inns of Court School of Law Legal Skills Training Service “Do you want to hear
a story”. Special attention must be paid to the distinction between making opening speeches
before a Judge or Jury and between civil and criminal trials; discussions follow – 15 minutes;
7. Role play by students acting as opposing parties to present short opening speeches in a civil
case. The tutor shall be the presiding Judge- 10 minutes.
15 Minutes Break
1. Tutor gives an overview of principles, functions of legal research and source of materials for
it --- 20 minutes
2. Tutor gives overview of closing of file. --- 10 minutes
3. Group discussions on activities 1 and 2 ----10 minutes
4. Group presentation on activity 3 --- 100 minutes
5. Students draft a letter to a client closing a file --- 15 minutes
ADVOCACY PRACTICE
Type of Trials
1. Where the court would examine the Processes filed and the law to determine a matter.
This is for cases commenced by originating summons (O2r3 of the HC of the FCT
Abuja CPR 2018, O5r4 HCCPR Lagos 2019), fundamental human rights applications
(O2r1 FREP Rules 2009), undefended list actions (O35r1 Abuja) etc.
2. One that, apart from the above, also involves the calling of witnesses.
Trial Proceedings
Opening Speech – is given by either the party or his lawyer. The party gives the court a summary
of his case and how he intends to proceed at the hearing. Mostly practiced in the USA especially
at the level of the jury. Frontloading has altered that in Nigeria now.
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Theory of the case - (usually expressed in a single paragraph) is an articulation of the facts of
the case, the development of argument on the basis of those facts and the manner of presentation
of the case along that line of argument. According to Lubet, it consists of a combination of the
lawyer’s account of the facts of the case and the law in such a way as to lead to a conclusion that
his client may win the case.
Elements of a successful theory of a case; it should be
a. logical
b. credible
c. based on undisputed facts
d. speak to the basic elements of the offence
Examination of witnesses – S214 EA

a. Examination-in-chief – the direct examination of a witness by the party that invited him to
testify.
Functions of examination-in-chief
1. To introduce undisputed facts
2. To discharge burden of proof on the party O 33 r 8 HCCPR Lagos 2019
3. To put forward the client’s version of facts
4. To lay the foundation for introduction of exhibits
5. To contradict evidence of the opposing party
6. To reflect on the credibility of the witness:
Questioning techniques in examination-in-chief

1. The question should be open and straight to the point
2. Use of incremental questioning style
3. Use of traditional and directive question
4. Repeat some important points mentioned by the witness
5. Avoid complex and lawyerly questions
6. Use of visual aids
Leading Questions – S221 EA

These questions expect a particular answer. As a general rule, leading questions are not allowed
in examination-in-chief except with the permission of the court.
Exceptions:
1. In introductory matters such as names, addresses, is so far as they are not in issues
2. Facts that are not in issue, are not in dispute or have been proved.
3. Where the court allows such question despite objection from the opposing counsel
4. Where the witness is declared a hostile witness.
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Hostile witness: A witness is regarded as a hostile witness when he intentionally refrains from
telling the truth to the court and deliberately gives false testimony against the party that invited
to come and testify Esan v. State.
Upon oral application by the party and court satisfying itself, it can declare a witness hostile. S.
230 E. A. – the witness may then be cross-examined Iluonu v Chiekwu; Gaji v. State.
The party that called him may orally apply to the court for him to be declared a hostile witness.
The effect of being declared a hostile witness is that both his evidence and the previous
inconsistent statement are treated as unreliable by the court.
Refreshing the memory: by making reference to a document, he made at the time the event, or
soon thereafter provided that, in the opinion of the court, it was likely that such facts was still in
fresh in his memory when he made the document S231 EA.
The witness may also be allowed to refresh his memory by referring to a document made by
another person S231(2) EA.
Note that such document should, where requested by the other party, be produced in court and
the opposing party may cross-examine the witness on its contents.
Cross-examination – the examination of a witness by the adverse party usually after the
Examination-in-Chief S214 EA
Purpose of cross-examination
a. To contradict a witness and weaken his examination-in-chief
b. To injure the character of a witness
c. To discredit a witness or his case
d. To put across the other party’s case
e. To extract facts from the witness which are favourable to the adverse party’s case
f. To test the veracity or credibility of the witness’s testimony
g. To elicit facts with which to cross examine other witnesses
h. To repair or minimize damage to the cross-examiner’s case
i. To reflect on the credibility of another witness
j. To enhance the cross-examiner’s case
Techniques of cross-examination
1. Use of closed question
2. Leading questions are permissible
3. Use of propositional questions by asserting facts and asking the witness to confirm them
4. Asking of incremental questions
5. Asking sequential questions
Other techniques in cross-examination

According to Munkman, there are three main techniques of cross-examination which are:
a. Confrontational
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b. Probing questions
c. Insinuation
Confrontational: involves discrediting the examination-in-chief of the witness by confronting

him with materials especially documents which contradicts his testimony
Probing questions: searching out area of weakness in the testimony of the witness with the aim
of destroying his testimony. Such weaknesses include errors and obvious inaccuracies which
occurred in the examination-in-chief of the witness
Insinuation: making of statements or presentations of facts by the lawyer and asking the witness
to confirm it.
Questions to avoid in Cross examination
a. Questions which require reaching conclusions by the witness
b. Don’t ask the witness to explain things
c. Avoid long and fishing questions
d. Don’t ask the witness to fill in the gap where he leaves one in his answer
e. Don’t remind the witness of his exact testimony-in-chief before asking a question
Limitations in Cross-Examination
• Questions relating to credit but are not relevant or too remote to the proceedings may be
disallowed by the court. The court is under an obligation to warn the witness that he is
not obliged to answer S224 E.A.
• Indecent or scandalous questions S227 E.A.
• Questions intended to annoy or to insult or needlessly offensive S228 E.A.
• Under S226 E.A., the judge is empowered to report a counsel who ask baseless or
questions adjudged to be without reasonable cause to the Attorney-General of the
Federation or any other authority to which the legal practitioner is subject.
Impeachment of a witness during cross examination

The essence of this is to discredit the witness and his testimony –
Re-examination – examination of a witness by a party that invited him after he has been cross-
examined. This is aimed at clearing any ambiguities that arose in the course of cross-examination
It is directed only to the explanation of facts or matters which arose out of cross examination and
which may not be clear
Final Address
After the conclusion of evidence, the parties may be invited to address the court. Ordinarily the
plaintiff or prosecution is to address the court first.
However, where the defendant led evidence (whether oral or written) he shall address the court
first after which the plaintiff or prosecution will do the same.
Contents of the Final Address
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1. Brief facts of the case

2. Issues for determination
3. Argument of counsel
4. Conclusion
5. List of authorities cited
6. Date, Name, Signature and Designation of counsel
7. Address for service for parties
ASSIGNMENT FOR INTERVIEWING AND COUNSELLING SKILLS AND

ADVOCACY
Practice
1. Amaka Olabisi, legal practitioner had just entered the High Court premises for a matter when
she was approached by one Mr. Sanusi Ahmed, a business mogul. He told her that he had some
serious issues with his foreign partners with respect to a deal that has gone bad and now his
partners are threatening to sue him. He wants to discuss the matter with her as soon as she was
done with the day’s proceeding. He also told her that being a very well-known personality, he
would not want people to guess that he has problem so would want their discussion to be at his
private guest house at the GRA, a very serene and quiet environment.
Mrs. Olabisi informed him that she would be glad to assist him in anyway she could but would
need to hear what his story in order to advise and represent him competently.
1. Use the above scenario to attempt the following questions:
a. State and explain the Stages/Steps in interviewing
b. Mention 5 essential requirements for an interview
c. What is an interview plan?
d. Mention 3 advantages of interview plan
e. Mention 3 disadvantages of interview plan
f. What is an open question?
g. Mention 3 advantages of open questions
h. Mention 3 disadvantages of open questions
i. What is a Closed question?
j. Mention 3 advantages of Closed questions
k. Mention 3 disadvantages of Closed questions
l. Mention the stages/steps in the Clay and Smith model of interviewing
m. Mention the stages/steps in the Mike and Wolfe model of interviewing
n. Mention the stages/steps in the Avrom Sherr model of interviewing
o. Mention the stages/steps in the Brayne and Grimes model of interviewing
p. Comment on the request by Mr. Sanusi Ahmed that their discussion should be at his
serene and quiet guest house at the GRA.
2. Mr. Inachukwu Okonkwo, a legal practitioner called to the Nigerian Bar in 2007 has been
assigned some students of the Nigerian Law School as externs. He, as part of his duty as a field
supervisor, decided to give his externs a test. Below are some of the questions she gave the
students:
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a. What is Examination-in-Chief?
b. Mention 3 functions of Examination-in-Chief?
c. What are the questioning techniques in an examination-in-chief?
d. What is a leading question?
e. Who is a Hostile witness?
f. What is Cross-examination?
g. Mention 5 purposes of cross-examination
h. Mention 4 types of questions to avoid in cross-examination
i. What is Re-examination?
j. What is a Final Address?
k. Mention the contents of a Final Address
LEGAL RESEARCH AND CLOSING OF FILES

CONTENT
1. Functions legal research
2. Sources of materials in legal research
3. How files are closed
4. Destruction of files
OUTCOME
1. Explain the importance of legal research
2. Explain the sources of materials in legal research
3. Explain when and how clients files are closed in a law office
4. Explain the necessary matters to be dealt with at the time of closing a file; Draft a letter to a
client closing a file
LEGAL RESEARCH
MEANING
• It’s the systematic process of conducting enquiry by identifying and retrieving legal
information to support or make rational legal decisions.
• Holistic process of finding answer to a particular legal question or problem, by evaluating
and analysing the facts and applying them to the law
• Black’s Law Dictionary: finding and assembling of authorities that bear on a question
of law.
NB: Virtually every lawsuit, fresh trial, or appeal, criminal or civil case, and every step a lawyer
takes and every document a lawyer drafts requires some amount of legal research
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Why do lawyers conduct LEGAL RESEARCH?

• Helps acquaint the lawyer with what the law says about the subject matter
• Helps the lawyer prepare well and in advance of the trial and for pending issues, it helps
him react appropriately to any legal challenge
• Helps a lawyer decide the particular course to follow to handle legal issues
• It determines if a client has a legal case.
• It helps in preparation for ADR or preparation for trial.
• It gives a lawyer an overview of applicable law and it charts out the course of action to
take.
• It helps the lawyer to think on his feet;
• Before legal research, a lawyer must analyse the legal problem to ascertain the type of
law applicable to a given problem e.g., Statutory, Customary, Islamic Law, etc.
SOURCES OF MATERIALS IN LEGAL RESEARCH

They are where original and authentic information, facts and law can be got from, such as;
• Primary Sources
• Secondary Sources
• Tertiary Sources
Primary Sources: are the fundamental sources of law that have ground and binding significance.
They constitute ground norms, precedents and binding authorities that determine the decision or
judgment of the court. They include:
• The Constitution
• Nigerian Legislation
• Nigerian Case Law or Judicial Precedent
• Received English Law
• Nigerian Customary Law, and
• Islamic law
Secondary Sources: are diluted, analysed and persuasive materials and do not bind any court or
authority. They can be referred to if they support the authorities of the primary sources. They
include:
• Decisions of courts of foreign countries
• International conventions, treaties, and resolutions of international bodies;
• Statements or opinions of jurists and learned authors contained in law textbooks, journal,
periodicals, dictionaries, letters, speeches, and interviews;
• Legal opinions contained in nullified judgements.
Tertiary Sources: give information as to where to locate primary and secondary sources. They
are finding tools being used to get to where to find the primary and secondary sources. They are
not being cited in court, because they are tools to getting to primary and secondary sources.
Examples:
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• Index of cases and laws

• Annotated statutes
• Law digests and periodicals
STEPS IN LEGAL RESEARCH

• Step 1: Gather and Understand the Facts of Your Case - gain a complete
understanding of everything about your case
• Step 2: Determine Your Legal Problem and Your Desired Outcome - get an idea of
your legal problem, and what your ideal outcome at the end of the legal process would
be
• Step 3: Finding Legal Information and Reading about the Law – find the relevant
source and read what the source says about your legal problem
• Step 4: Legal Analysis/Legal Writing and beyond - determine which law is applicable
and apply it to the facts of your case
INTERNET AND LEGAL RESEARCH

The whooping effect of the internet on our life has affected the way lawyers conduct legal
research. Legal research can effectively be conducted via the internet, by the use of:
• legal research software and applications
• Open access legal information websites
• Public online libraries
• Court and legislative houses websites
• General and subject specific search engines
• Recently by the use chatbots, online document automation and legal analytics
FREE AND OPEN ACCESS RESOURCES

• Nigeria LII is a project of the National Judicial Institute and is a portal that provides free
access to Nigerian law to the legal sector and citizens of Nigeria https://nigerialii.org
• World Cat - connects you to the collections and services of more than 10,000 libraries
worldwide https://www.worldcat.org
• Cornell's Legal Information Institute: Legal Resources (Cornell LII)
https://www.law.cornell.edu
• Google Scholar Case Law https://scholar.google.com/scholar_courts?
hl=en&as_sdt=0,33
• Public Legal, a product of the Internet Legal Research Group (ILRG)
https://www.ilrg.com
• Justia https://www.justia.com
• Ravel https://www.ravellaw.com/
• Legal research apps and software https://www.capterra.com/legalresearch-software/
• Free Legal Forms - free and downloadable legal forms
https://www.upcounsel.com/free-legal-documents
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CLOSING OF FILES
One of the challenges to law firms over time is how to deal with retained client's records such as
closed files of concluded cases and matters and other administrative record, both in hard and
electronic copies.
In some countries, their rules of ethics make provisions for these issues. Where there are no such
provisions, the bar usually issues policies for the retention and destruction of files and other
administrative records generated or obtained by the firm such as business records, contracts with
suppliers and other correspondence or documents.
WHEN TO CLOSE FILES
Prior to closing a file, the lawyer should ensure that:
• all of the work that the lawyer was retained to complete has been completed; - the lawyer
has reported to the client;
• the client has paid the final legal fees or the firm has written off any balance owing on
the fees;
• all undertakings have been satisfied; and
• the lawyer has dealt with any balances to the credit of the client in the lawyer’s trust
account.
CLOSING THE FILE - PREPARATIONS

• The lawyer shall return all documents and properties the client submitted to him in the
course of the matter, before he closes the file Aggio v. Rosenberg, 24 C.P.C. 7, 1981 1.
Before returning documents to the client, the lawyer should determine whether to retain
copies of these documents, consider such factors as any legal requirement to preserve the
document and the likelihood of the lawyer requiring the document in the future.
• Purging the File - ensure that the file is organised. If copies as templates are to be
retained, remove all personal information of the client from them.
• Communicating with the Client - it is a best practice to inform the client of your law
firm's file closing, retention and destruction policy from the beginning of your
relationship.
• Determining the File Destruction Date - When files are closed, the lawyer should
determine their destruction date, he is not required to retain client's file permanently. It
is a good practice to establish file review date prior to its destruction.
• Closed files shall be stored in physically secure facility, to maintain client confidentiality
and to protect against damage or loss.
FILE DESTRUCTION
• On when, no statutory provision to that effect but Doherty has suggested that it should
be kept for a year after the limitation date for the matter and for those which the limitation
dates exceeds 16 years, they should be kept forever.
• Maintaining Confidentiality
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• Destruction of Documents and Information

• Maintaining a Record of Destruction
• File Destruction - shall be conducted in a manner that ensures the maintenance of client
confidentiality.
• List or database of destroyed files shall be maintained.
• After Destruction
• Record shall be kept of destructed files, which shall include the following information:
o The name and address of the client
o The file number
o A brief description of the matter
o the file closure date
o The file destruction date, and the name of the lawyer who authorized the file
disposition.
ACTIVITY
1. Draft a letter to a client for closing his case file.
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WEEK 14: (i) ALTERNATIVE DISPUTE RESOLUTION (ii) NEGOTIATION; (iii)

MEDIATION; (iv) MULTI-DOOR COURT HOUSE
CONTENTS
1. Overview of Alternative Dispute Resolution.
2. Describe the various methods of Alternative Dispute Resolution (ADR)
3. Negotiation- Meaning, importance, planning and conducting negotiation; and ethical issues
in negotiation;
4. Mediation: characteristics, steps, the mediation process and the value of mediation
5. The scope and mechanisms of court- connected ADR centres like the Lagos and Abuja Multi-
door Court Houses
OUTCOMES
1. Explain the meaning of Alternative Dispute Resolution and the various types
2. Explain and discuss the meaning, importance and process of negotiation;
3. Plan and conduct a negotiation taking into consideration appropriate ethical challenges
arising in the conduct of negotiation for a client
4. Explain the scope and mechanisms of court- connected ADR centres (ie the multi-door court
house);
5. Describe requirement of the rules of professional conduct for lawyers and High court Rules
with regard to advising on ADR;
6. Explain, discuss and describe the characteristics, steps and the mediation process; the values
of mediation and ethical standards required of mediators;
7. Take part in a mediation exercise.
ACTIVITIES
1. Overview of the ADR processes - 15 minutes
2. Tutor gives an overview of the principles, strategy, tactics and process of negotiation-
20 minutes;
3. Tutor gives overview of the principles and process of mediation – 15 minutes
4. Students present negotiation and mediation role plays based on a scenario given by Tutor
- 40 minutes;
5. Students discuss the role pays pointing out the similarities and differences between
negotiation and mediation - 30 Minutes
15 MINUTES BREAK
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6. Group discussion on negotiation tactic, WATNA, BATNA, bottom line and process of
negotiation – 20 minutes
7. Group presentation of activity 5 --- 20 minutes
8. Tutor gives an overview of the multi-door court house with particular reference to Lagos
and Abuja Multi-Door Court Houses and questions and answers follow. These questions
should include the requirement on advising on ADR before litigation. Tutor explains the
correct position on each issue – 40 minutes
9. Group discussion on features, procedure and effect of ADR conducted under the multi-
door court house – 20 minutes
10. Group presentation of activity 8 --- 20 minutes.
ALTERNATIVE DISPUTE RESOLUTION

MEANING: Alternative Dispute Resolution simply means any process of dispute resolution
other than the traditional court room litigation. It includes a wide range of processes that enable
disputing parties to settle their differences primarily by agreement as against binding decision.
Thus, the word alternative refers to other options to litigation.
ESSENTIAL INGREDIENTS OF ADR
• It is voluntary & private: parties cannot be forced to use ADR to resolve disputes and if
they use it, they control the mechanics and rules of the process. They can also withdraw
from it at any time unless and until they make a contractually binding out of court
settlement or agreement.
• There is sometimes a third party neutral (often a mediator) who facilitate settlement often
by shuttlecock diplomacy but who has no power to order or impose a solution on the
parties.
IS ADR REGULATED?
Arbitration and Conciliation are regulated by the Arbitration and Conciliation Act and Lagos
State Arbitration Law, 2009, Lagos State Multi-Door Courthouse Law, 2007. While The
Multi Door Court Houses have their respective Rules and Procedures. Apart from this, ADR
processes are generally private and voluntary. They are flexible and confidential in nature and
are normally conducted in an ad hoc basis.
ADVANTAGES OF ADR
• It is quicker, cheaper and more private and produce more flexible terms of settlement
then litigation or arbitration.
• Where a third party neutral is involved, he can provide a view that is perceived by both
parties as being more objective. By shuttle cock diplomacy, he may be able to identify
potential solutions that neither party alone could see.
• ADR has better chance of preserving relationship between parties to a dispute.
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• Parties control the process and outcome.
DISADVANTAGES OF ADR
• One reason which makes ADR quicker and cheaper is because evidence is not
investigated or examined as thoroughly as in litigation. Instead, only what are thought to
be the key issues and interests are explored.
• Because ADR is a voluntary process, it is not appropriate when one party needs
immediate judicial relief by way of interlocutory injunction.
• Likewise, ADR is unlikely to resolve non genuine dispute. For example, where a
defendant is clearly stalling for time and refusing to admit liability simply in order to
hang on to his money for as long as possible.
• ADR is not appropriate in test cases where you want a binding judicial precedent, for
example the correct legal interpretation of a section of law or a clause in a standard form
contract.
WHEN TO RESORT TO ADR

At any time before, during or even after judgment in a case, resort can be made to ADR.
Everything depends on the facts and the circumstances of a particular case. But early resort to
ADR is important. In deciding whether to litigate or go for ADR some of the following factors
should be considered:
1. Parties’ relationship.
2. Confidentiality/privacy, especially in cases involving trade secrets or family issues.
3. The extent to which the parties need to be involved in the process and the outcome.
4. Stake: the monetary size of the claim may affect the willingness of the parties to take
risk.
5. Cause and the lengths of the dispute should also be considered.
6. Time and cost.
FORMS OF ADR
There are so many forms of ADR. Most common ones include:
1. Negotiation
2. Mediation.
3. Conciliation
4. Arbitration
5. Hybrid Processes: ARB-MED, MED-ARB, NEG-MED, and CON-ARB.
6. Expert Appraisal
7. Settlement Conference
8. Private Judging: parties hire a private judge.
9. Early Neutral Evaluation
10. Mini-Trial: just like court trial in absence of live evidence.
11. Multi-Door Court House
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NOTE: While arbitration ends with an award, successful Negotiation, Mediation and
Conciliation end with agreement (or settlement) of the parties.
1. NEGOTIATION: This is a discussion process between the disputing parties for the purpose
of settling dispute between them. It does not involve the participation of a neutral third party.
Negotiation may be made face to face or it may be made through a phone call or through written
communication etc.
ROLE OF A LAWYER IN A NEGOTIATION PROCESS
He serves as:
• An Evaluator
• A Negotiator (on behalf of client)
• An Adviser, or
• A drafter of agreement
Negotiation Strategies, the most popular of them are:

1. Competitive (Win-lose): This is an uncooperative, and highly assertive style. They may
or may not also be aggressive. It is used effectively where you have a strong case and the
other party has a weak case and is merely accommodating. It should be used wisely
because if misused, the style can create mistrust, distorted communication, tension and
the souring of long-term relationship. It can provoke retaliation (the other side becomes
aggressive or the other side becomes avoiding) in either case, settlement can be severely
delayed or a proposed deal can fall apart and your client may not be grateful.
2. Cooperative (Win-Win Strategy): This strategy is otherwise called collaborative. It
is a principled problem-solving strategy. It is in practice often the most ideal strategy
because it gives the best of both worlds. It allows negotiator to be both assertive in his
demands and compromising at the same time to save relationships between the two or
more disputing parties. This strategy is particularly effective in ensuring the continuity
of business or interpersonal relationship.
3. Compromising strategy: A party having a good case may wish to compromise his
position in order to avoid uncertainties of trial, the delay involve in going to trial, the
emotional stress of a trial, the legal cost of litigation, the loss of time for a commercial
client, the transaction falling through, or souring an ongoing relationship between two
commercial parties or between members of a family.
4. Accommodating Strategy: This should generally be avoided unless of course the other
side has grossly misjudged the situation and you are only too happy to accommodate
them.
Tactics/Styles of Negotiation
There are several of them. The one chosen and applied depends on the strategy adopted. Some
of the styles are: Hard, Firm and Soft. Tactics include:
• Leapfrogging
• Take it or leave it
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• Piecemeal/Nibble
• Package deal
• Limited authority
• Lack of authority
• Puff Threat etc.
Stages of Negotiation
• Preparation/Planning stage
• Ice-Breaking (1st Contact) Stage
• Agenda setting Stage -Bargaining Stage
• Conclusion Stage
• Execution Stage
2. MEDIATION:
MEDIATION is a voluntary, non-binding and private dispute resolution process in which a
neutral third party helps the parties to reach a negotiated settlement. In other words, it is a process
during which the parties to a dispute meet together and separately in confidence with a neutral
and independent third party to explore and decide how the conflict between them is to be
resolved. Unlike arbitration, the mediator is not empowered to decide any dispute but simply act
as a facilitator to help the parties reach a mutually acceptable settlement.
QUALITIES OF MEDIATION:
The central quality is its capacity to re-orient the parties towards each other not by imposing
rules on them but, by helping them to achieve a new and shared perception of their relationship;
a perception that will redirect their attitudes towards each other.
STAGES OF MEDIATION:
1. Preparation stage: which includes identifying and preparing the venue for the
mediation, mediator’s fees, and the date of the meeting. Also, BATNA and WATNA
considerations.
2. Opening Stage: which involves introduction of the mediator, his interest if any, his
professional qualification, structure or procedural frame work for the discussion and
grounds rules
3. Identification and Structural Discussion of issues: This involves identifying and
characterizing the issues in dispute and determination of parties’ priorities in regard to
those issues and exploration of possible solutions.
4. Movement of parties to agreement: During this period, the mediator uses techniques
of principled negotiation and applies persuasive pressure on parties to reach an amicable
settlement of the dispute.
5. Closing: During this stage a mutually satisfactory resolution to the issues is articulated
and accepted in some form of written agreement.
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ADVANTAGES OF MEDIATION:
1. It facilitates and restores communication between disputing parties and helps break any
deadlock that may otherwise block the resolution of the conflict.
2. The mediator can help the parties discover common interests which they may otherwise
be unaware of and then reach a resolution that takes their common interest into
consideration.
3. The mediator can expedite the negotiation, stimulate the parties to suggest creative
settlement and help the disputants to assess settlement alternatives realistically and
generally assist them in reaching a better agreement.
4. The mediator can provide new information and bring in a neutral perspective to the
problem of drafting.
QUALITIES OF A MEDIATOR:
In order to succeed, a mediator must have endearing qualities that will not only facilitate the
process but also make disputants have confidence in his abilities to mediate and be approachable.
Ideally, therefore, an effective mediator must possess the following qualities:
1. Respect and adherence to confidentiality.
2. Fairness.
3. Patience.
4. Trust worthiness.
5. Honesty.
6. Credibility.
7. Must have active listening skills.
8. Empathetic.
9. Neutrality. Creativity and intelligence. Good Communication skills. Impartial,
nonjudgmental and professionally persuasive.
ROLE/CONTRIBUTION OF A MEDIATOR
1. Offering an arena that may well be acceptable to both parties.
2. Bringing experience of a successful negotiation.
3. Contributing to the development of rules to help structure the process d. Ensuring that
the process of negotiation is a fair one.
WHEN MEDIATION IS NOT SUITABLE FOR DISPUTE RESOLUTION

1. When there is a need to set a judicial precedent.
2. In a dispute bordering on interpretation of Statute.
3. Where there is need for the preservation of the res by an injunction.
4. Public Policy.
3. CONCILIATION
Conciliation is another process where a third party intervenes to assist the parties to resolve their
dispute. It is governed by Part II of the Arbitration and Conciliation Act. To a large extent,
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conciliation shares the same characteristics as mediation; and in most jurisdictions, both are used
interchangeably. Party that initiates conciliation shall send a request for conciliation containing
a brief statement of the subject of the case to the disputing party S38 ACA. They may appoint
one or three conciliators, where one, they appoint together, where three, each appoint one then
appoint the third one jointly S40 ACA.
Sometimes an attempt is made to distinguish mediation from conciliation by emphasizing the
following:
1. Conciliator may give opinion or suggest an agreement for the parties.
2. It is statutorily provided for.
3. Often the conciliator is a government official who is required to further the objective of
the legislation. For example, the Minister of Labour may act as a Conciliator when there
is a dispute under the Trade Dispute Act.
4. ARBITRATION
Arbitration is the process where the disputants appoint an arbitrator to resolve their dispute by
delivering a binding arbitral award outside the court. Here the parties retain control of the
process, not the outcome.
THE MULTI DOOR COURT HOUSE
This is a court connected ADR Centre with the objective of providing frame work for ADR. It
is an ADR institution with rules of practice and procedure. Parties who approach the multi-door
courthouse for resolution of their disputes can opt for Arbitration, Mediation or other ADR
processes depending on which is suitable. Parties who submit cases to the Multidoor courthouse
are guided by the rules of the Multidoor courthouse. For example, The FCT Abuja Multi-door
courthouse Procedure Rules 2003 provides for procedure to be followed in Mediation and
Arbitration. So, if a party submits to the AMDCH for a mediation for instance, the 2003 rules in
respect of mediation will apply.
The person is liable to pay administrative and mediation fees and for other expenses incurred by
the centre in the course of the mediation process involving his case.
ABUJA MULTI-DOOR COURT HOUSE PROCEDURE FOR RBITRATION:
A case for arbitration may be filed before the Abuja Multi Court House by filing a written notice
addressed to the other party indicating an intention to arbitrate. The notice shall indicate
• the nature of the dispute,
• the amount involved and
• the relief sought and
• the venue requested for the arbitral proceeding.
The notice shall be filed together with the contract containing the arbitral clause or the agreement
for the arbitration and the appropriate filing fees Rule 4.
The respondent has 10 days to respond to the claim and where the respondent counter claimed,
he shall state the nature of the counter claim Rule 4.
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Where parties decide to submit their dispute to arbitration after it has arisen, they can institute
action at the centre by filing notice of submission to arbitration signed by both parties. The
submission shall contain statement of the nature of the dispute, amount involved if any, and the
filing fees paid Rule 8.
Where parties did not agree on the number of arbitrators, only one will be appointed. But parties
can decide on the procedure for the appointment of the arbitrator and can also appoint. If they
do not appoint within 30 days the centre will appoint.
Arbitrators may be challenged by the submission of a statement containing grounds for the
challenge within 30 days from the date of the receipt of the notification for the appointment; or
from the date of receiving facts constituting ground for the challenge Rule 16.
Arbitration hearing takes place at the Centre in the presence of the parties except, where a party
fails to appear after reasonable notice. Parties can also be represented Rule 21.
FINAL AWARD:
Final award shall be made within one month from the conclusion of arbitration and not later
than 3 months in exceptional circumstances, but the centre can extend the time. Reason for the
award, time and place must be stated Rule 28.
Note: Abuja Rules do not contain enforcement procedure. For the enforcement of the award,
resort shall be made to Arbitration and Conciliation Act and Arbitration Rules. Note that an
Arbitration at the Multi-door courthouse is called an Institutional arbitration.
MEDIATION AT ABUJA MULTI DOOR COURT HOUSE
Request for mediation or submission to mediation may be made through the filing of a written
request for mediation together with the payment of the appropriate filing fees. The centre may
also be urged to invite the other party to a dispute to submit to mediation where no agreement to
that effect exists Rules 1 &2.
The nature of the dispute should be stated. Before the mediation, mediation agreement shall have
to be entered from the beginning between the parties and the centre. The agreement can be made
with the parties personally or through an authorized representative. The mediation can take place
at the centre or anywhere appointed by the parties. The role of the mediator is to try to get the
parties to negotiate reasonably. He is not expected to impose any decision on them. When an
agreement is reached, a mediation agreement will be signed; but if the mediation failed, a
declaration to that effect will be made Rules 12 & 14.
LAGOS MULTI-DOOR COURTHOUSE
The Procedure at the Lagos Multi-door courthouse is similar to that of the Abuja Multidoor
courthouse, but there are some differences. See for instance the Lagos Multidoor courthouse
Practice Direction on Mediation. Lagos Multi-door courthouse (LMDC) was established in 2002,
but the Lagos Multi-door courthouse Law came into being in 2007. It is an integral part of the
Lagos State Judicial System.
LMDC offers the following:
1. Arbitration
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2. Conciliation
3. Mediation
4. Negotiation
5. Neutral evaluation
6. Other ADR options.
7. Cases can be initiated by:
8. Walk-ins;
9. Court referrals;
10. Direct Interventions.
The procedure for arbitration and mediation are similar to the procedure in Abuja multi-door
courthouse earlier discussed. However, there are a few differences in the area of enforcement of
agreements reached Rule 19.
Agreement or MOU reached after ADR process at LMDC shall be reduced into writing, signed
by the parties and neutral third party and filed at LMDC with necessary attachments.
The Centre shall cause it to be endorsed by the ADR judge in the presence of the parties or
referral judge (if applicable) or other persons authorized by the CJ.
Upon endorsement, the Agreement becomes a consent judgment of the High Court of Lagos
State, enforceable by the sheriffs as a judgment or order of the High court.
Note: that an agreement reached by the parties and signed by them is enforceable as a contract
between them. Note further: that upon being endorsed by the ADR or Referral judge, it becomes
a consent judgment enforceable as such.
SCENARIO ON ADR
Mr. Okon Samuel was allotted Plot 1268 Maitama Cadastral district by FCDA Abuja on 20th
January, 2010. In 2015, he carried out a survey of ‘his’ property and commenced the
development of a 6 storey office complex. He was on the fourth floor when Mr. Sule Onigbanjo
went to court to obtain an injunction restraining him from continuing the development on his
(Mr. Onigbanjo’s) land. On inspection of the cadastral survey map of Maitama, it was discovered
that the plot Mr. Okon had been developing was the adjacent Plot 1266. The parties have agreed
to submit their dispute to mediation at the instance of the District Governor of Rotary
International District 9130 under which is their Club, Rotary club of Maitama. Both of them are
Rotarians. The parties have agreed to respond to mediation by Chief Oloro.
During the mediation session, Chief Oloro clearly pointed it out to both parties that the plot being
developed by Mr. Okon was the adjacent plot 1266. The parties are seeking amicable resolution
of the issues which culminated in the order of interlocutory injunction.
1. Advise the parties on the other ADR options open to them apart from the one mentioned
in the scenario.
2. What negotiation strategy would be most appropriate to ensure the matter is withdrawn
from court?
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3. Give at least 5 reasons why you would advise the parties not to proceed with the case in
court.
4. Identify the stages Chief Oloro will go through to get the matter resolved as stated in the
scenario above.
5. Apart from the scenario above, identify the other types of disputes where Mediation may
be applicable.
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WEEK 15: ARBITRATION AND CONCILIATION

CONTENTS
1. Arbitrable matters, arbitration clause and agreement
2. Arbitration proceedings, challenge and enforcement of award;
3. Termination of arbitral proceedings
4. Conciliation procedure
5. Difference between a conciliator and a mediator
OUTCOMES
1. Explain and discuss arbitrable and non-arbitrable matters; the principles and the laws/rules
governing arbitration and conciliation in Nigeria;
2. Describe arbitration proceedings and explain how to challenge and enforce an arbitration
award;
3. Draft an arbitration clause;
ACTIVITIES
1. 1Tutor presents an overview of arbitration proceedings and conciliation, and explains how
to challenge and enforce an arbitration award/the content of arbitration clauses – 1hr
2. In the class, tutor generates discussion with students on arbitrable and non-arbitrable matters;
the principles and the laws/rules governing arbitration in Nigeria- 30 minutes;
3. Tutor presents quiz/multiple choice questions and students give answers; discussion follow-
30 minutes;
15 MINUTES BREAK
4. Group discussion on challenge of arbitrators, award and enforcement of an award --- 30
minutes
5. Tutor presents case study and students draft arbitration clauses- 20 Minutes
6. Group discussion of principles of conciliation and the differences between conciliation and
mediation --- 20 minutes
7. Sample presentation by students groups activities 4 , 5 and 6--- 40 minutes
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ARBITRATION
“An arbitration is the reference of a dispute or difference between not less than two parties for
determination, after hearing both sides in a judicial manner, by a person or persons other than a
court of competent jurisdiction. The persons to whom a reference to arbitration is made are called
arbitrators. Where provision is made that in the event of disagreement between the arbitrators
(usually in such case two in number) the dispute is to be referred to the decision of another, or
third person, such person is called the umpire. The decision of the arbitrator or umpire is called
the award.” per Agbaje, J.S.C., in Kano State Urban Development Board v FANZ
Construction Company Ltd (1990) LPELRSC. 45/1988
ARBITRABLE?
"It is undisputed that before a matter can be referred to arbitration, same must first be seen to be
arbitrable. The dispute must not relate or cover matters which by law, are not permitted to be
settled by other dispute resolution mechanisms other than in Court, the Arbitration and
Conciliation Act, Cap A18, does not demarcate between disputes that are arbitrable or
otherwise, it has however been judicially recognized as a matter of public policy that matters
relating to crime, matrimonial causes, winding up of a company or bankruptcy are of such
nature that cannot be settled by arbitration Bcc Tropical (Nig.) Ltd v. Government of Yobe
State & Anor (2011) LPELR-9230 (CA)...
It has always been the case that where fraud and serious malpractices are alleged in a dispute,
same cannot be referred to an arbitrator for resolution. The jurisdiction of the regular Court on
this issue is iron-clad, as fraud, financial malpractice and collusion are allegations with
criminal consequences and therefore reserved for the Courts, and an arbitral tribunal, being a
creature of contract, is not endowed with general and wide jurisdiction, bestowed upon regular
Courts, which are equipped to adjudicate in complex issues and are competent to offer wider
range of reliefs to the parties in dispute Alipak Banerjee & Vyapak Desai on "Is Fraud Open
to Arbitration. Per Abubakar, J.C.A., in Mekwunye v Lotus Capital Ltd & Ors (2018)
LPELR-45546(CA)
ARBITRABLE?
The test in United World Limited Inc v Mobile Telecommunication Services [1998] 10
NWLR (PT. 586) 106. “The dispute or difference which the parties to an arbitration agreement
agree to refer must consists of a justiciable issue triable civilly. Thus:
• an indictment for an offence of a public nature cannot be the subject of an arbitration
agreement;
• nor can disputes arising out of an illegal contract;
• nor disputes arising under agreements void as being by way of gaming or wagering;
• equally, disputes leading to a change of status, such as divorce petition, cannot be
referred,
• nor, it seems can any agreement purporting to give an arbitrator the right to give a
judgment f) there is no dispute within the meaning of an agreement to refer disputes
where there is no controversy in being, as where a party admits liability but simply fails
to pay.”
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TYPES OF ARBITRATION
• customary
• industrial or
• commercial (domestic and international)
• institutional
CUSTOMARY ARBITRATION
Customary arbitration is a process of having a dispute amicably settled between parties who
voluntarily submit to the decision of traditional chiefs or elders of the community. The range of
disputes that may be submitted to customary arbitration include chieftaincy disputes, landlord
and tenant disputes, family disputes and sale of land under customary law
TAKE NOTE
• Agu v Ikewibe 12 (1991) 3 NWLR (PT. 180) 385 SC a customary arbitral award
becomes binding only after subsequent signification of acceptance of the suggested
award from which either party is free to resile at any stage up to that point.
• Eke v Okwaranyia (2001) 12 NWLR (PT. 726) 181 SC for a customary arbitration to
be binding on the parties, the following ingredients must be pleaded and proved:
1. That there had been voluntary submission of the matter in dispute to an arbitration of
one or more persons;
2. That it was agreed by the parties either expressly or by implication that the decision
of the arbitration will be accepted as final and binding;
3. That the said arbitration was in accordance with the custom of the parties or their
trade or business;
4. That the arbitrators reached a decision and published their award;
5. That the decision or award was accepted at the time it was made.
COMMERCIAL ARBITRATION
There are two basic forms of commercial arbitration.
• Domestic arbitration
• International arbitration
DOMESTIC ARBITRATION
One in which all the parties have their places of business in one country, for example, Nigeria.
It is immaterial whether the parties are Nigerian citizens or foreigners, if they all carry on
business in Nigeria and the arbitration is held in Nigeria.
INTERNATIONAL ARBITRATION
Is one in which the parties have their places of business in different countries or the subject
matter of the arbitration relates to more than one country or a substantial part of their agreement
is to be outside their places of business.
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NOTE- parties may also agree that any dispute arising from the commercial transaction shall be
treated as an international
Commercial Arbitration whether domestic or international can be
• ad hoc arbitration or
• institutional arbitration.
Ad hoc arbitration is one in which the parties themselves prescribe the mode of appointment
of the arbitrator who, upon being appointed, controls the proceedings himself within the limits
laid down by law.
Institutional arbitration: one in which the arbitrator is appointed, the proceedings conducted,
and the award issued in accordance with the rules of a trade or arbitral organization. Like:
• international chamber of commerce (ICC),
• the London Court of International Arbitration (LCIA),
• the American Arbitration Association (AAA),
• the United Nations Commission on International Trade Law (UNCITRAL),
• the international centre for the settlement of investment disputes (ICSID).
Governing Laws on commercial arbitration

The first is the common law and the doctrines of equity and the second is statutes. The principal
law in Nigeria is the Arbitration and Conciliation Act
• the Act is not complete code for arbitration, if there is lacuna, it is to be filled by common
law principles, doctrine of equity and trade usages.
• the High Court Rules too contain provisions on arbitration
Some states like Lagos State have also enacted their arbitration laws.
The Lagos State Arbitration Law 2009 (LSAL) applies to all arbitrations that arise in Lagos
State, except where parties have stipulated another law.
NOTE Domestic arbitrations must be conducted under the Arbitration Rules contained in the
First Schedule to the ACA
NOTE Where there is conflict between ACA and arbitration law of a state ACA prevails
Compagnie Generale De Geophysique v Dr. Jackson D. Etuk (2003) LPELR-CA/ C/51/2001
ARBITRATION AGREEMENT
Section 1, Arbitration and Conciliation Act (ACA)
To be enforceable, an arbitration agreement must be evidenced in writing, either in:
• A document signed by the parties.
• An exchange of letters, telex, telegrams or other means of communication which provide
a record of the arbitration agreement.
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• An exchange of points of claim and of defence in which the existence of an arbitration

agreement is alleged by one party and not denied by another
SOME BASIC PRINCIPLES

The agreement may be
• In form of a clause in an agreement. A separate agreement on how parties intend to
arbitrate their dispute NB - whether in a clause or separate agreement it is deemed a
separate agreement and enforceable even if the rest of the part of the agreement in which
arbitration clause is inserted is declared invalid - this called DOCTRINE OF
SEPARABILITY, section 12(2), ACA and section 19(2), LSAL
• An arbitration agreement may be framed in such a manner as to prevent any right to court
proceedings until an award is first made. Such a clause is known as a Scott v. Avery
clause from the case of Scott v. Avery clause (1856) 5 HLC 81, African insurance Dev.
Co. Ltd v. Nigeria LNG Ltd (2000) 4 NWLR (Pt. 653) 494 JS
• An arbitration agreement may also contain a clause that a claim shall be deemed to be
waived and absolutely barred if an arbitrator is not appointed within a specific time. Such
a clause is known as Atlantic shipping clause from the English case of Atlantic
Shipping and Trading Co. Ltd v. Louis Dreyfus & Co. Ltd (1922) 2 AC 250 See
Section 5 ACA
• Kompetenz-Kompetenz – this is an expression used as a shorthand for the question of
whether a tribunal may decide on its own jurisdiction. In Nigeria, an arbitration tribunal
is competent to rule on the question pertaining to its own jurisdiction
• Party Autonomy; Under the Act, parties are specifically given the right to make
agreements about most aspects of procedure subject to the mandatory positions. Meaning
that the provisions of the Act will apply if there are no contrary agreement by the parties.
The principle is of fundamental importance. Thus, the parties can choose the applicable
law.
• The lex arbitri – law applicable to the arbitral proceeding is usually the law of the place
where the arbitration is taking place, the lex causae – the law applicable to the dispute.
The parties often chose the applicable law which may be lex fori – the law of the forum
where the arbitration is taking place or the Arbitration Rules or the conflict rules of the
seat of arbitration. There is also the law applicable to the enforcement of the award which
is the law of the country where the enforcement is sought.
APPOINTMENT OF ARBITRATORS
• The parties to an arbitration agreement may specify the procedure to be followed in
appointing an arbitrator.
• Where no procedure is specified in the arbitration agreement, the parties will follow the
procedure specified in the Act as follows:
o In the case of arbitration with three arbitrators, each party shall appoint one
arbitrator and the two thus appointed shall appoint the third arbitrator.
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o However, if a party fails to appoint the arbitrator within thirty days of the receipt
of a request to do so by the other party, or if the two arbitrators fail to agree on
the third arbitrator within thirty days of their appointments, the appointment shall
be made by the court on the application of any party to the arbitration agreement
which is: in the case of arbitration with one arbitrator, where the parties fail to
agree on the arbitrator, the appointment shall be made by the court on the
application of any party to the arbitration agreement S7(4) ACA - decision of
court to appoint arbitrator is not appealable Ogunwale v Syrian Arab Republic
(2002) 9 NWLR Pt. 177 P. 127 CA
o But where the parties have agreed on the procedure to be followed in appointing
an arbitrator and a party fails to act as required under the procedure or the parties
or two arbitrators are unable to reach agreement as required under the procedure
or a third party, including an institution, fails to perform any duty imposed on it
under the procedure, any party to the arbitration agreement may request the court
to take the necessary measure, unless the appointment procedure agreed upon by
the parties provides other means for securing the appointment C.G De
Geophysique v Etuk (2004) 1 NWLR Pt 853, P. 20
Arbitration Session
• In international arbitration - parties are free to choose their own procedure
• In domestic arbitration- parties are bound by ACA rules
• Article 15 ACA Rules - parties are treated with equality and each party is given a full
opportunity of presenting his case.
Hearing, Section 20 ACA, is by:

• By holding oral arguments;
• On the basis of documents or other materials;
• By both holding oral hearings and on the basis of documents or other materials
PROCEDURE S19 ACA

The Claimant submits to the arbitrator his statement or points of claim which shall contain:
• the facts supporting his claim,
• the points at issue,
• the relief or remedy sought
• names and addresses of parties
The Respondent submits his

1. points of defence in respect of those particulars set out in the points of claim. - by either
admitting or denying each point of claim alongside same particulars also filed by
claimant.
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Claimant opens his case by himself or by his counsel and calls his witnesses who are examined,
cross- examined and re-examined where necessary Respondent calls witnesses who are
examined, cross-examined and re- examined if there is need. Respondent sums up his case and
the Claimant replies
The Arbitrator makes an award
Section 31 ACA - an arbitral award shall be recognized and enforced just like judgement of
which court, upon the application of any of the parties to the award.
NOTE - Parties can settle the issues before hearing and request the arbitrator to make an award
on the issues.
ENFORCING THE AWARD
Ebokan v. Ekwenibe and Sons Trading Co (2001) 2 NWLR (Pt. 696) 32 is enforceable in
court, a party cannot backout even if the award doesn’t favour him.
But it can be challenged. Until it is challenged it is as good as judgement of court Araka v
Ejeugwu. The party enforcing the award files in court:
1. The duly authenticated original award or duly certified copy thereof;
2. The original arbitration agreement or duly certified copy thereof.
3. A copy of the contract in respect of which the arbitration was conducted
CHALLENGING AWARD
Savoia Ltd v. Sonubi (2000) 12 NWLR (Pt. 682) 539 SC
1. Where the arbitrator fails to comply with the terms of the arbitration agreement;
2. Where the arbitrator makes an award which on grounds of public policy ought not to be
enforced;
3. Where the arbitrator has been bribed or corrupt
4. Where the arbitrator makes a mistake as to the scope of the authority conferred by the
arbitration agreement
5. Where the arbitrator fails to decide on all the matters which were referred to him;
6. Where the arbitrator has breached the rules of natural justice;
7. Where the arbitrator has failed to act fairly towards both parties,
8. Exceeded scope of submission to arbitration
9. Arbitration agreement not valid under a Nigerian law
10. Composition contrary to agreement
11. Subject matter incapable of being settle by arbitration e.g., crimes
12. Lack of qualification on the part of the arbitrators
ARBITRATION CLAUSE DRAFTING

Nature of business between the parties is the supply of audio-visual aids (DVDs, CDs and other
recording and electronic mass storing devices). The parties are ABC Ltd of No 2 Owerri Road,
Aba, Abia State and DVD Ventures of Shops 5-10 Wuse ultramodern market, Abuja. Arbitrators
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from the Abuja Market Guild Society, Abuja. The law is Arbitration and Conciliation Act A18
LFN 2004. Language is English. Draft an arbitration clause.
In the event of any dispute between ABC Limited of No 2 Owerri Road, Aba, Abia State and DVD
Ventures of Shop 5-10 Wuse Ultramodern Market, Abuja under the supply agreement for audio-
visual aids, the parties shall first submit to arbitration. The arbitration shall be governed by the
Arbitration and Conciliation Act A18 LFN 2004, the language of the arbitration proceedings
shall be English language and two arbitrators will be appointed by both parties from the Abuja
Market Guild Society, Abuja.
SUBMISSION CLAUSE
A dispute has arisen between ABC Limited and DVD Ventures as to the quality of audio-visual
aids produced by DVD Ventures and supplied to ABC Ltd which has resulted in refusal by ABC
Limited to pay up its outstanding with DVD Ventures and they have agreed to arbitrate. Draft
the submission clause.
THIS Submission agreement made this 15th day of August, 2021
BETWEEN
ABC Limited, a duly registered private limited company under the Companies and Allied Matters
Act (the purchaser) of No 2 Owerri Road, Aba, Abia State of the first part.
AND DVD Ventures (the seller) of Shop 5-10 Wuse Ultramodern Market, Abuja of the second
part.
WHEREAS a dispute has arisen between the parties under the contract for the supply of audio-
visual aids, DVDs, CDs and other record mass storage devices on 15th day of July 2021. And
the parties have agreed to submit any dispute to arbitration
NOW IT IS AGREED BY PARTIES AS FOLLOWS:
The arbitration shall be conducted by the two (2) parties appointed by the parties from the Abuja
Market Guild Society.
The arbitrators shall determine the following issues:
1. The quality of the items supplied.
2. The arbitration shall take place in Abuja and shall be conducted in English language.
3. The rules of Arbitration and Conciliation Act CAP A18 LFN 2004 shall apply.
4. The award shall be awarded within 6 months of the appointment of arbitrators unless the
parties otherwise extend the time.
IN WITNESS OF WHICH the parties have executed this agreement in the manner below the day
and year first above written.
The common seal of ABC Ltd is duly affixed in the presence of:
…………….. ……………….
Director Secretary
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Signed, sealed and delivered by:

………………..
Joel Adamu (in the name and style of DVD Ventures)
In the presence of:
Signature: Name: Address: Occupation:
ASSIGNMENT: ARBITRATION AND CONCILIATION

United World Limited Inc. (United World) a U.S. based Company engaged in newspaper paper
publication and advertisement, entered into a contract with Mobile Telecommunications
Services (MTS), a Nigerian mobile telecommunication service company to place an
advertisement in a newspaper known as USA Today in consideration of the sum of $38,250.00
(Thirty-Eight Thousand Two Hundred and Fifty Dollars). The contract stipulated that MTS was
to make payment within 30 days of signing the contract, coupled with a penalty clause that the
advertiser’s failure to pay within the stipulated time would attract a 1.4% monthly interest rate.
The contract also contained an arbitration clause. MTS failed to make payment within the
stipulated period or at all.
Although it complained that the advertisement came out very late, about five months after the
agreed publication date, MTS accepted its liability to make payment. When no payment was
forthcoming, United World issued a writ of summons against MTS to recover the advert sum
plus interests. United World also filed an application for summary judgement.
In response, MTS filed an application for stay of the court proceedings, stating that the matter
should be resolved by arbitration in accordance with the parties’ arbitration clause.
Questions
1. In view of the provisions of section 5 of the Arbitration Act and other principles on arbitration,
advise the parties. Support your answer with judicial authorities.
2. Draft the arbitration clause
3. Mention three ways on:
(a) How arbitration differs from litigation
(b) How arbitration differs from mediation
(C) How arbitration differs from conciliation
4. Mention three similarities between arbitration and mediation and between arbitration and
conciliation
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WEEK I6 (i) LAW OFFICE MANAGEMENT; (ii) IT IN LAW OFFICE MANAGEMENT

CONTENTS
1. Establishment, classification and organisation of law firms; How to find and establish a law
office; How to acquire office equipment and list the various office equipment, machines and
supplies;
2. Law office administration; Vision and Mission goals of a law firm; How to efficiently run
and manage a law firm- Time management; Filling system; Law office records;
3. Classification and organisation of law firms; Classification of law firms and criteria for the
classification of law firms; small, medium and large firms, criteria for classification: location,
client base, facilities, status and number of lawyers in the firm; various types of law firms;
the advantages and disadvantages of each type of law firm; explain the restrictions placed on
lawyers by the rules against forming partnership with non – lawyers; sole practionership,
sole proprietorship, associateship, partnership, advantages and disadvantages of each unit of
practice, restriction on law partnership;
4. Planning and time management; three types of planning; the external environment that
affects planning; types of planning: strategic, tactical and operational; social, political and
economic environments; items requiring planning; item s of planning: finance, service,
clients, facilities, staff; types of legal work in time management; order in which legal work
may be prioritized; handling office correspondence; legal component, non-legal component,
office correspondence, prioritizing of legal work; personal reminder systems (office and firm
diary, personal computer), firm-wide reminder system( pre-printed form, office computers).;
5. Management structures; the four classes of management system of law firms; management
by sole owner; management by managing partner; management by a committee of partners;
management by all partners; drafting vision, mission statement and goals ;
6. Management functions: planning; explain the components of planning as one of the
management functions in running a law office; the types of planning; things to plan for in a
law office; finance, service, clients, facilities; and staff ; Management functions: organising
& coordinating; identify the strategies for implementing the plans; explain the main resources
of a law firm; explain how to co-ordinate the work flow of a law firm; how to implement the
planned areas; how to organise resources of the firm; assignment/delegation of work in the
firm and harmonisation of work for efficiency;
7. Management functions: controlling & evaluation; Explain how to measure planned areas
with set goals to ensure effectiveness; Identify when a firm is well staffed, under staffed or
underutilized; Explain how to evaluate the financial state of law firms; How to monitor the
performance of work; How to monitor facilities, staff and clients of the firm; Measurement
of services rendered to clients and clients’ relationship with firm; How to evaluate financial
performance of firm;
8. The various management skills required to run a law firm- organizing and coordinating
functions in the firm;
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9. The mandatory requirement for registration of legal practitioners once the person commences
business under Rule 13 Rules of Professional Conduct.
10. The requirement of the rules for the appointment of SAN regarding law offices.
11. Application of information technology in managing a law office; use of computers; virtual
library etc
OUTCOMES
At the end of this lesson students would be able to:
1. Explain and discuss the requirements for the establishment, classification and organisation
of a law firm;
2. Explain the various management functions and how they are applied to the running of a law
firm;
3. Explain the use of and application of information technology in the running of a law office
ACTIVITIES
1. In the class, tutor gives an overview of law office management – 1hr minutes
2. Students are grouped into firms and required to draw up list of advantages and disadvantages
of various types of law firms; make a choice and draft mission/vision statements and goals
of the proposed firm and how they would go about the evaluation of the firm after setting it
up. The Groups may carry out this activity outside the class – 40 minutes
3. In the class, presentation of sample group work and discussion – 40 minutes
15 MINUTES BREAK
5. Tutor gives an overview on the use of IT for administrative legal work, solicitor’s financial
transactions, law library, and case management – 30 minutes
6. Students are grouped to prepare for presentation, advantages/disadvantages; challenges and
solutions to the challenges in the use of IT in Nigeria for Lawyers administrative legal work,
financial transactions, law library and case management- 30 minutes
7. Presentations and general discussions follow- 40 minutes
ESTABLISHING A LAW FIRM
Need to establish a law firm?
• R22 RPC- Legal Practitioner should not visit a client in his home for the purpose of
taking instructions. A Legal Practitioner is prohibited from touting.
• S.6(2) Regulated and other Professions Private Prohibition Act – Removal of
restriction placed on young L/ P against private practice.
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Why setup a Law Firm?

• Necessity
• Desire to be your own boss
• Realization of ambition
• Profitability of the profession
Qualities for a successful legal practice

• Honesty & integrity- Note R1 RPC. Rules 1, 23, and 54 RPC 2007, Adewumi v.
Plastex (Nig) Ltd., SAGOE v R, Onagoruwa v. State.
• R15 RPC enjoins a L/P to perform his duty within the bounds of the law and to obey his
conscience.
• A L/P is prohibited from accepting compensations, commission, remits etc. from others
without the knowledge of his client R54 RPC
• Respect for colleagues, clients etc A L/P is required to render proper account for all
monies disbursed and collected on behalf of his client Sagoe v. R (1963) 1 All NLR 290;
Onagoruwa v. State (1993) 7 NWLR p.303; R 23 RPC Hard work, determination and
commitment.
Prerequisites for establishing a Law Firm

• Knowledge- Legal and non-legal.
• Skill – ‘Know-how’. See Bello Raji v. X (L/P)
• Values (Ethics)
• Experience
• Good luck
Financing a Law Firm

• Two types of capital are required
o Start-up capital for facilities required in the firm.
o Working capital for recurrent expenditure.
Major sources of the finance

• Owner’s funds/Personal savings.
• Funds from family and friends.
• Loans and overdrafts–from Banks or other financial institutions or persons.
Business Plan-
• A business plan is a document containing information about the proposed firm, its goals
and the financial projection for it.
• Its contents are:
o Name of the owner practitioner
o Name of the firm
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o Business address
o Business start date
o Type of firm
o Goals of firm
o Services to be offered
o Segmentation of market
o Market competitors
o Capital requirement
o Borrowing requirement
o Use of fund
o Employment of staff
o Management system
o Security to be provided
o Appendices – Financial projections- profit and loss account.
Clientele (Client search)

• The L/P must ensure that there is a market for services before establishing a law firm.
Clients range from relatives, friends, banks and financial institutions, companies, large
statutory bodies, Legal Aid Council, Government establishments & individuals.
CLASSIFICATION AND ORGNAZATION OF LAW FIRMS

Criteria for classification of firms in Nigeria are:
• Location
• Client base
• Facilities
• Status of lawyers in the firm
• Number of lawyers
Location-
• Firms in metropolitan cities e.g., Lagos, Abuja, Kano and Port Harcourt.
• Firms in state capitals.
• Firms in semi-urban or rural towns.
Client Base-
• Type of client a firm chooses to serve.
• The benefit a client seeks from the firm.
• Expertise.
• Experience.
• Efficiency.
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Facilities
• Here distinction is drawn between modern law firms, that is those with technologically
advanced equipment and traditional law firms, that is those with basic and simple
equipment.
Status of lawyers in the Firm-

• In Nigeria, there is a distinction between SAN and non-SAN firms.
• In England, Queen’s Counsel and others.
Number of Lawyers-
• Small – With between 1-4 Lawyers.
• Medium – With between 5-9 Lawyers
• Large – With 10 and above Lawyers.
Organization of Law Firms

Types of law firm
• Sole Practitionership – L/P practices alone but employs support staff.
• Sole proprietorship – A L/p establishes a Law Firm and employs other L/Ps to work in
the firm & support staff.
• Associateship – Two or more L/Ps contribute capital to provide facilities required in the
firm and run the firm but each practitioner has separate clients. Simply share space &
general costs e.g., rent, utility etc
• Partnership – Here, the partners are all owners of the firm. Have same clients.
Restrictions on formation of partnerships-

• R5(1) RPC- Partnership with nonlawyers is prohibited if the object is the practice of law.
-Partnership must be between lawyers that are all admitted to practice in Nigeria.
• R5(2) RPC- May continue to use name of former or deceased partner if it does not lead
to imposition or deception.
• R5(3) RPC- Name of partner who becomes a Judge must be deleted.
• R5(4)- Sole practitioner should not suggest he is running a partnership. Not to use “AB
& Co.”. Ndoma Egba v. ACB (2003) FWLR Pt.283, P. 152.
• R5(5) Unlawful to carry out legal practice as a corporation
How to Form a Partnership-

Should be in writing and should have a Partnership Agreement which should cover the
following issues:
• Nature and object of the partnership
• The firm’s name
• Location of firm
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• Capital contribution
• Division of profit and loss
• Maintenance of income accounts.
• Management.
• Devotion of full time to the firm.
• Expulsion from the firm
• Admission of new partners
• Retirement or death of a partner.
• Withdrawal of partner due to incapacitation
• Annual and maternity leave
• Ownership of assets
• Restraint of trade
• Resolution of disputes
• Termination/dissolution of partnership
Advantages of Sole Practitionership

• Easy to setup
• Enhances quick decision making
• Has unfettered power to manage
• Takes full credit for success of the firm
• More committed
Disadvantages of Sole Practitionership

• Bears the risk of failure alone
• Professional isolation
• More vulnerable to failure
• Inability to specialize
• Problem of getting clients
• The firm does not survive beyond the life time of the sole practitioner
• No room for vacations
Advantages of Partnership
• Sharing of financial responsibilities
• Room for specialization
• More heads to make decisions/ Division of labour
• Easier to get clients
• Easier to get capital to setup, vacation etc
Disadvantages of Partnership
• Joint liability for acts of the partners done within the partnership business. Agents of one
another United Bank of Kuwait v. Hammond (1988) 1 WLR 1051.
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• Death or incapacitation of one may lead to the breakup of the partnership

• Delay in decision making
• Friction/disagreements; Distrust etc
Advantages of Sole Proprietorship

• Manages Firm alone leading to fast decision making, lack of friction, smooth running of
Firm
• Takes all profits
• Children & other relations can succeed him.
• Takes credit for success of Firm
• Can go on vacation etc
Disadvantages of Sole Proprietorship-

• The owner is solely responsible for the cost of running the firm (Capital alone)
• The owner also bears the entire risk of failure of the firm & bears loss alone.
• Protracted illness or death of the sole proprietor may lead to the collapse of the practice.
• The sole proprietor takes all decisions alone and this affects the quality of his decisions.
• May have disgruntled/disloyal juniors etc
Advantages of Associateship
• Easier to set up as they pool resources together/ Still Boss
• Not professionally isolated/ Can share knowledge
• They don’t share profits
• Take credit of success/failure of independent practice
• Enhances a large well-furnished office etc.
Disadvantages of Associateship
• Hinders growth as each associate bears loss alone
• Rivalry among associates
• Lack of trust among associates
• Conflicts may arise
• Due to unequal success, an associate may not keep up to terms of the associate-ship etc.
Choice of unit of practice

Whichever unit is chosen will affect the name the firm bears.
• Sole Practitionership – The name must only be the forename and surname of the sole
practitioner. And does not require registration under CAMA.
• Sole proprietorship – Forename and surname of the proprietor with the expression ‘&
co’ and must be registered under S.656 CAMA.
• Associateship – The firm may bear the surname of one or more of the associates with
the expression ‘&Associates’ the firm must be registered under S.656 CAMA.
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• Partnership – The firm may bear the forename or initial and surname of some or all the
partners with the expression ‘& Co’ or ‘& Partners’. The firm must be registered except
where the partners use only their forenames and surnames.
LAW OFFICE OR LAW FIRM

• Law office or Law Firm, not ‘Chambers’ (which is commonly used in Nigeria) is to be
used because of the fused nature of the legal profession. ‘Chambers’ is appropriate for
premises where only barrister practice his profession.
Finding premises
• The L/P may let or buy premises or buy land to construct an office.
• Find premises through:
o Estate agents
o Newspaper adverts
o Advertising firm’s requirement of property for use as office
o Oral information etc.
Consideration before letting premises.

• Suitability of the premises for use as a law office must be considered via:
o Compatibility of other businesses in the premises with the law office.
o Size of the premises
o Location- proximity to target clients or to the court.
Types of premises
• Purpose built office accommodation
• Existing building
• Office in the home
Room Arrangement
• Open plan room – occupied by more than 10 persons
• Shared enclosed room – occupied by 2-9 persons
• Private enclosed room – occupied by one person.
Law Office Layout

• In designing the law office layout, factors to be considered:
o Number of staff and their category
o Equipment and furniture
o Work flow
o Noise level of work
o Future expansion
o Safety requirement
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ROOMS IN A LAW FIRM

• Reception Room
• Practitioner’s room- open plan room is unsuitable because:
o Noise level will be high
o Concentration may be difficult
o Confidentiality of client matters will be impaired.
o Therefore, a personal enclosed or shared enclosed room should be allocated
depending on: Hierarchy, Function, Equality
• Support staff room
• Toilet Meeting/conference room
• Reprographic room
• Library
• Store room
• Car park
LAW OFFICE ENVIRONMENT

• Furniture
• Lighting
• Temperature
• Decoration
• Indices of a quality office environment for a professional firm are:
o location,
o décor,
o condition,
o configuration,
o comfort,
o cleanliness,
o tidiness and
o privacy.
LAW OFFICE SECURITY

• The employment of security guards
• Storage of vital documents in a safe
• Installation of locking devices and use of password.
• Installation of anti-virus tool kits
• Installation of electrical voltage stabilizing device.
• The use of diskettes, flash drives as backup
• Insurance of goods, premises and contents.
LAW OFFICE STAFF

• Fee earners – Practitioners who do the legal work and earn fees for the firm.
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• Support staff- Who do the non- legal work. They include:

o Secretary
o Messenger
o Cleaner Security guards
o Driver
o Receptionist/Telephonist
o Clerk
o Typist
o Librarian
o Accountant
o Practice manager
o The most basic support staff are:
▪ Typist/secretary
▪ Messenger/office assistant.
Methods of attracting staff

• Advertising in newspapers
• Introduction by former and existing staff
• Recommendation by existing and former staff
• Inviting applicants from previous interview
• Recommendation by agents and consultants.
Recruitment of staff
• Job analysis –What the job comprises of.
• Job description – Duties and responsibilities.
• Job specification – Qualification, skills, experience and qualities required for the job.
Selection of staff
• Performance test for typist and secretaries
• Aptitude test for messengers and clerks Personality test for telephonists and receptionists
• Interview for jobs where qualification of applicant is a testimony of their ability
Contract of Employment
• Contents of a written contract of employment include:
o Job title
o Job description
o Date of employment
o Location of staff
o Working hours
o Remuneration
o Gratuity, pension and other entitlement
o Annual leave Sickness and incapacity
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o Termination of employment
o Summary dismissal
o Restraint of trade
Induction of Staff
After the employment of a new staff, the staff needs to be integrated into the working system of
the law firm. The purpose is to inform the new staff about the nature of his employment, the
organogram of the firm and culture of the office. The new staff should know the following as an
induction programme:
• History of the firm
• Administrative procedure and culture
• Existing staff
• This helps the new staff adjust to the new work environment.
Appraisal of Staff
• Method of evaluating staff performance by a supervisor includes:
o Grading appraisal method.
o Paired comparison
o Checklist appraisal
Retention of Staff
• By adopting right policies and good staff motivation and reward structure, a firm can
retain its good quality staff and avoid wasting resources on recruitment and training of
new staff
Disciplinary and Grievance Procedures

• This should be stated in the office manual and should cover:
o dress code,
o lateness,
o absence,
o theft of firm property etc
• The procedures usually involve:
o Formal verbal warning
o Formal written warning
o Final written warning
o Dismissal preceded by suspension
o If the breach is a crime, it must first be reported to the police and the staff
convicted before dismissal Laoye v. Federal Civil Service Commission.
Law Office Equipment, Machines and Supplies

• Factors to consider in acquiring equipment and machines
o Capacity of the firm
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o Compatibility with other equipment costs

o Maintenance/backup
o Acquisition may be by leasing or purchasing.
Law Office Machines

Generators:
• Petrol-fuelled generators have low capacity.
• Diesel – fuelled generators have a higher capacity.
• Vehicle(s)
• Motorcycle (Not for Lawyer)
Law Office Equipment

• Typewriter
• Photocopying
• Duplicating machine
• Dictating machines
• Rubber stamp
• Calculator
• Telephone
• Telex machine
• Fax machine
• Dedicated Word
• Processor
• Computer- Desktop/Laptop/iPad
• Printers
Law Office Supplies

• Letter Head
• Continuation Sheet
• Compliment Slip
• Business Card
• File jackets Oshunrinde v. Akande (1996) 6 NWLR (pt 455) 383.
• Office Forms
• Legal Forms
LAW OFFICE ADMINISTRATION

• The running of the firm to provide the environment for achieving the goals of the firm.
i.e., to achieve efficiency either with the fee earner or the support staff.
• Depending on the size and type of the firm e.g.: Sole proprietorship, he can assign any
head or junior or appoint an administrative manager to administer the law firm
• In partnership, responsibilities are shared.
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• Management of a law firm can be by:

o A committee of partners
o All the parties
o A sole partner
o A sole owner
o Associates
• Management Functions
o Planning
o Organising
o Coordination
▪ Identify strategies for implementing the plans
▪ Explain the main resources of a law firm
▪ Explain how to co-ordinate the work flow of a law firm
▪ How to implement the well-planned areas
▪ How to organise resources of the firm
▪ Assignment/delegation/harmonisation of work
o Controlling
o Evaluating
• The management functions should be tailored to meet the vision and mission expectations
of the firms.
Vision/Mission Statement
The vision statement (immediate achievable goals of the firm) of the firm should inform
everyone in the firm about the short-term goals of the firm and thus creates commitment to it.
The mission statement (core ideals around which the firm is set up) must be drafted by the owners
of the firm. It must state concisely the firm’s long-term goals and should not be written in more
than fifty (50) words. An example of a mission/vision statement is: To be a quality firm providing
a range of legal services to commercial and property clients profitably and to the highest
standard with partners and staff, happy and committed to this ideal and inspiring to continual
development in the firm’s quality standards.
An example of a goal of a firm is: To meet clients’ needs with full satisfaction.
Criteria for Setting Goals for a Law Firm
• Complimentary – The goals must be complementary in order for them to be achievable
because if they are conflicting, achievement will be difficult. They are said to be
complementary because the achievement of one brings to the achievement of others. For
example, a good service rendered to a customer will make the customer to tell others
about it.
• Specific – It must state precisely what it is expected to achieve so that plans can be
formulated for their achievement. For example, a firm should state the actual percentage
it intends to achieve annually.
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• Measurable – They must be formulated in such a way that it is possible to present

evidence of their achievement or otherwise. For example, from evidence available, a firm
should be able to tell if what it intends to achieve has actually been met or not.
• Timeable – They must not be open-ended goals. As such, a realistic deadline should be
set for the achievement of such goals. For example, a firm should fix a period within
which it is to achieve its goals.
• Attainable – The goals should be one that is realistic and attainable with the firm’s
resources.
Law Office System & Procedure

• Systems lay down the rules to be followed.
• Procedures regulates the manner in which tasks are performed
• The system and procedure should be stated in an office manual e.g.
o Working hours
o Absence and lateness
o Attendance register
o Confidentiality at work
o Bonus provision
o Assignment of staff
o Overtime work
o Holidays
o Salary Increment
o Annual Leave
o maternity leave
o Reporting Structure
o File Management
o Provision of Office supplies
o Method of answering the telephone
o Procedure on receiving facsimile message
o Procedure for dealing with correspondence
o Procedure for borrowing or removing office books
o Disciplinary Procedure
o Grievance procedure
Time Management Prioritizing Work

• Priority One: Urgent and important
• Priority Two: Urgent but not important
• Priority Three: Not urgent but important
• Priority Four: Neither urgent nor important.
Reminder System
• Personal reminder system for the Practitioners. There are of 3 types:
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o Personal Diary-Pocket size

o Office Diary-Kept in the office
o Firm Diary- For the entire working of the office
• Firm Wide Reminder System e.g., the pre-printed form reminder system.
Filing System
• Alphabetical
• Non-alphabetical (numerical filing)
• Length of time
• Distinguish between matters with status of limitation period and matters with no
limitation of time
DRAFT (LETTER FOR NOTIFICATION OF LAW OFFICE)
C O AGBATA CHAMBERS (LEGAL PRACTITIONERS)

15 EDUAPL DRIVE, IKOYI, LAGOS
07035406532
Our Ref: 2304______________________________________ Your Ref: _______________
15th August, 2022
The Chairman,
Nigerian Bar Association,
Abuja Branch,
High Court Complex, Maitama,
Abuja.
Dear Sir,
NOTIFICATION OF ESTABLISHMENT OF LAW OFFICE
I, Chris Ozo Agbata, a Legal practitioner called to the Nigerian Bar on 22nd November, 2022
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. 15 Edupal Drive Ikoyi, Lagos - Nigeria in
compliance with Rule 13 of the RPC 2007.
Please find attached copies of my qualifying certificates and other relevant documents.
Thank you.
Yours faithfully,
159
Chris Ozo Agbata

(Principal Partner)
C O AGBATA CHAMBERS LP
ENCLS:
1. Call to Bar Certificate
2. Receipt of payment of practicing fee
ASSIGNMENT
Sheila Adams, Jubril Aigbe and Martins Crowther were friends right from the University of
Jalingo, Nigeria. After obtaining their Law degrees, they proceeded to the Enugu, Kano and
Lagos Law School Campuses respectively. They successfully completed the Bar course and have
coincidentally been posted to Abuja for their Compulsory NYSC programme. In camp, the trio
agreed that after five years of Law practice, they would come together to establish a Law Office.
Sheila said she wanted the office to be established in such a way that the three of them would
pool funds together and be able to share profits when the occasion arises. Jubril on the other hand
agreed to the aspect of pooling funds but would like a situation where his practice would be
independent of other persons’. He preferred to have separate clientele but did not mind paying
for all office utility and other bills together. Martins said he had always fancied a situation where
he would be his own boss, working on his own but with the employment of junior lawyers
working under him.
Now answer the following questions.
a. What option of Law practice is open to Sheila when she decides to start practice?
• State the advantages and disadvantages of this type of Law office
b. What option of Practice is open to Jubril from the description given by him?
• State the advantages and disadvantages of this type of Law office
c. What option of Law practice is open to Martins from the description of practice given by
him?
• State the advantages and disadvantages of this type of Law office.
d. Is there any other type of Law practice that the trio have not yet considered? If so, which
is it?
• State the advantages and disadvantages of this type of Law office.
Having been called to the Nigerian Bar for the past two years, Yasmin Danfodio desires to set
up her own Law firm. Her father on the other hand is not convinced that she is mature enough to
start her own Law office. He wants her to continue in the present Law office where she works.
She is trying to persuade him on why she must open her own office.
e. State what reasons she can use in persuading her dad for her to start her own Law office.
f. Assuming her father is seeking to source a law office for her, advise him as to how to
proceed on the task.
160
Sheila is contemplating applying for the position of Senior Advocate of Nigeria. Sheba has been
assisting her boss to get her documents ready. She noticed that Sheila was producing documents
in the business centre close to her office when she could have easily produced them in her own
office. Sheila’s response was that she was not very savvy.
Now answer the following questions.
g. State at least ten ICT equipment that can possibly be used for getting work done in a Law
Office environment and their uses.
h. State five challenges that the use of the equipment could pose within the Law office.
• Assuming Sheila scales the first hurdle of the application process, state what the
committee would be watching out for during such inspection.
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WEEK 17: (i) REMUNERATION OF LEGAL PRACTITIONERS;

(ii) DUTIES OF LAWYER ON CHARGING OF CLIENTS
CONTENTS
1. Legal Practitioners Remuneration: tit-bits for charging- time charging, gearing, use of
deposits, quotations, discounts, over billing, billing by writing, etc; Guide to fixing fee,
retainers, division of fees, contingent fees; suing for fees- right to sue, competent court,
conditions precedent, ascertaining proper charges by the court, taxation, awards and quantum
meruit; scale of charges, charges for documentation and in contentious business; acquiring
interest in litigation, security against remuneration and interest on disbursement, charges,
Rules making organs, ethical issues in charging.
2. Drafting bill of charges;
3. Drafting statement of claim for recovery of charges.
4. Pro bono and legal aid.
5. Taxation of bill of charges of a legal practitioner
OUTCOMES
1. Explain and discuss the rules and principles applicable to legal practitioners’ remuneration
including the process of recovery of charges;
2. Draft bill of charges and statement of claim for the recovery of charges.
3. Explain the process of taxation of bill of charges
4. Explain the rules and regulations relating to charging of fees by a legal practitioner
ROLE PLAY 1 ON REMUNERA TION
Barrister: Good Morning. Yes, how may I help you?
Mr. Ameh: Good Morning Sir. I have a legal problem and I need the services of a lawyer.
Barrister: You are welcome. Please sit down and let me know your problem.
Mr. Ameh: First I must let you know that I have no resources to pay legal fees. I am hoping to
get legal services on humanitarian grounds. I have been out of job for two years now and my
wife and kids are barely surviving. Can you help me?
Barrister: I may. What is your problem?
Mr. Ameh: I noticed that the 2 plots of land allotted to me two months ago as my portion of the
family land is being encroached upon by an unknown trespasser.
Barrister: You have no problem. I will handle the case for you and if you are successful, you will
assign one of the plots to me as your payment for my professional services; or you sell the two
plots and we share the money equally.
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ROLE PLAY 2 ON REMUNERA TION

Barrister: (A knock on the door) Yes who is by the door?
Mr. Onuh: Good Morning. You sent for me.
Barrister: (Immediately frowns on recognizing him and says angrily in a rather loud voice)
Let me sound a note of warning to you. Nobody, I mean nobody trifles with me and gets away
free. I sent you a bill of charges last week. Why haven’t you paid?
Mr. Onuh: (Looking shocked and ruffled stammers) I.. I was going to send you a Cheque before
the end of the week and have already instructed…
Barrister: (Interjects him in a loud voice) Look here. If you do not pay up this money before the
end of today I will send my boys to teach you a lesson. That way you will realize that no one, I
mean no one plays a fast one on me on my charges. Understand?
ACTIVITIES
1. Tutor gives an overview of the rules and principles applicable to legal practitioners’
remuneration including the process of recovery of charges and taxation of charges of a legal
practitioner. The dimension of the values of pro bono matters and involvement of legal
practitioners in legal aid for the poor should be discussed too– 1hr
2. Using Civil litigation case studies 1 or 2 each student is to assume that he/she had concluded
the client’s case in court and prepare a bill of charges- 30 minutes
3. Examples of the bills are presented and discussions follow- 30 minutes
15 MINUTES BREAK
4. Two role plays are presented by students ---- 10 minutes
5. Using Civil litigation case studies 1 or 2 each student is to assume that he/she had concluded
the client’s case in court but that the client had failed or refused to pay the bill and prepare a
statement of claim which assumes that a writ has been filed claiming the lawyers charges-
30 minutes
6. Examples of the statement of claims are presented and discussions follow- 30 minutes
7. Tutor generates the discussions with the students on duties of a lawyer while charging fees;
types of fees and extent of liability of a lawyer for negligence when he charges fees for a
legal work ----- 30 minutes
LEGAL PRACTITIONERS’ REMUMERATION

RULES FOR CHARGING PROFESSIONAL FEES
A lawyer is entitled to be paid adequate remuneration for his service to the client r48(1) and he
shall not enter into an agreement for, charge or collect an illegal or clearly excessive fee r48(2).
163
Overcharging of Professional Fees

By the provision of the Rules, legal practitioners are prohibited from entering an agreement for,
charge or collect an illegal or clearly excessive fee R48(2) RPC. In order to tackle this menace
of overcharging, S17 LPA provides for taxation so as to arrive at a fair remuneration of services
rendered by legal practitioners.
Undercharging of Professional Fees
Legal practitioners should not charge reduced fees to attract more clients – R52(1) RPC. The
Legal Practitioners (Remuneration for Legal Documentation and Other Land Matters)
Order prescribed fees to be chargeable for certain matters in the Scales set out in the Schedule
to the Order which are to be adhered to strictly- R7(1) RPC.
The noncompliance amounts to professional misconduct that may be sanctioned by the LPDC.
GUIDE FOR FIXING FEE
TYPES OF FEES
1. Scale fee
This type of fee is charged in a non-contentious work. It is a prescribed fee, which may be
charged, in a given transaction by a legal practitioner. The essence of scale fee is to serve as a
guide to avoid undercharging or overcharging of professional fee by legal practitioners. An
example of scale fee is the Legal Practitioner (Remuneration for Legal Documentation and
Other Land Matters) Order 1991, which has scales to be used in calculating charges on certain
land matters. Examples of different fees chargeable as a scale fee is contained in Scales I and II
of the Order.
2. Fixed fee
Fixed fees may be charged by legal practitioners based on rate fixed for specific transactions
after taking into consideration some factors. For instance, where a legal matter is simple and
well-defined – e.g., drafting of wills, non-contentious matters, appearance fee, uncontested
matrimonial causes, simple tenancy matter filings and writing of legal letters on behalf of clients-
lawyers typically charge a fixed fee. Also, in some law office a fixed consultation fee is charged
separately from the professional charges.
3. Appearance fee
This type of fee is charged periodically by legal practitioners each time the legal practitioner
appears in court or continues to appear in a proceeding on behalf of a client. Appearance fee
covers the transport, feeding, lodging expenses (where the matter is to come up in other
jurisdiction different from where the lawyer is based) and any other incidental expenditure
relating to putting up an appearance in court on behalf of the client. The legal practitioner charges
appearance fee in addition to the professional fees for a litigation matter or transaction, he may
however, charge it together with his professional fees depending on the agreement between the
legal practitioner and the client. The amount charged as appearance fees differs from one legal
practitioner to the other.
164
4. Hourly rate fee
Hourly fees are charged for every hour (or portion of an hour) a legal practitioner spent on a
particular matter for which his services were retained. The charges usually include the time spent
within and outside the law firm on a particular transaction. It is commonly charged during
rendering of consultation service.
5. Percentage fee
Percentage fee is charged at a given percentage based on the consideration attached to a particular
transaction. It is payable on an agreed percentage. It is commonly charged in conveyancing
transactions or recovery of debt. A legal practitioner may charge within the range of 5% to 15%
of the amount involved in a particular transaction. The percentage to be charged depends on how
high or how low the amount involved in a transaction is, where the consideration is very high,
the percentage to be charged by the legal practitioner may be low.
6. Retainer
A retainer is defined in the rules as an agreement by a lawyer to give his service to a client.
R49(4). A general retainer means a retainer which covers his client’s work generally while a
special retainer is a retainer which covers a particular matter of the client.
Where a lawyer accepts a retainer in respect of litigation, he shall be separately instructed and
separately remunerated by fees for each piece of work and accordingly, a lawyer shall not
represent or undertake to represent a client for all his litigation or a part of it on an agreed lump
sum over a period of time; or accept instructions from a client on terms that a particular class of
court cases shall be done at a fixed fee in each case irrespective of the circumstances of each
case- R49(2).
A lawyer who accepts a retainer shall not in the case of a general retainer, advise on, or appeal
in any proceeding detrimental to the interest of the client paying the retainer during the period
of the retainer, or in the case of a special retainer, accept instruction in any matter forming the
subject matter of the retainer which involve advising or arguing against the interest of the client
paying the retainer Onigbongbo Community v Minister of Lagos Affairs.
7. Contingent fee
According to R50(5), a contingent fee is paid or agreed to be paid for the lawyer’s services under
an arrangement whereby compensation, contingent in whole or in part upon the successful
accomplishment or deposition of the subject matter of the agreement, is to be an amount which
is either fixed or is to be determined under a formula.
Sequel to the foregoing, a lawyer may enter into a contract with his client in civil matters
undertaken or to be undertaken for a client whether contentious or noncontentious, provided,
• that the contract is reasonable in all circumstances of the case including the risk and
uncertainty of the compensation.
• the contract is not vitiated by fraud, mistake or undue influence, or is contrary to
public policy;
165
• if the employment involves litigation, it is reasonably obvious that there is a bonafide

cause of action- Rule 50(1).
Exceptions:
• No contingency fee in criminal matters R50(2)
• Except as discussed above, a lawyer shall not purchase or otherwise acquire directly an
interest in the subject matter of the litigation which he or his firm is conducting; but he
may acquire a lien granted by law to secure his fees and expenses- R50(3).
• A lawyer shall not enter into a contingent fee arrangement without first having advised
the client of the effect of the arrangement and afforded the client an opportunity to retain
him under an arrangement whereby he would be compensated on the basis of a reasonable
value of his service- R50(4).
DETERMINATION OF FEES
Charging of fees are regulated by statutory provisions. Legal services can be categorised into:
• Contentious work; involves barrister’s work
• Non contentious work; involves solicitor’s work
PRO BONO SERVICES

Such free legal service can be rendered in a contentious and noncontentious cases. It is one of
the criteria for the award of the rank of SAN R19(7) of the Guidelines for the Conferment of
the Rank of SAN, 2018, S9(2) LPA & R52(1) RPC
CONTENTIOUS WORKS
R52(1) states that a fee charged by a lawyer for his services shall be reasonable and
commensurate with the service rendered. Accordingly, the lawyer shall not charge fees which
are excessive or so low as to amount to undercutting. Provided that a reduced fee or no fee at all
may be charged on the ground of the special relationship or indigence of a client.
Factors to consider in determining reasonable/ commensurate fee are: R52(2)
1. The time required
2. The skill and labour required
3. Novelty and difficulty of questions involved
4. Loss of opportunity of appearing for other persons e.g., appearing for a political party in
an election may preclude the lawyer from being retained by another party in same
election.
5. Customary charges of the Bar for similar services
6. Contingency or certainty of the compensation
7. Amount of money involved
8. Benefit accruing to client
9. Nature of employment; whether the client is a constant or a casual one.
No maximum fee or minimum fee because no two cases are the same in all respects.
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NON-CONTENTIOUS WORKS
Regulated by: Legal Practitioners Remuneration Committee and Legal Practitioners RPC.
• Bills for Non contentious works are charged as stipulated by the Legal Practitioners
(Remuneration for Legal Documentation and other Land Matters) Order 1991
SCALE OF CHARGES
Contained in the Legal Practitioners (Remuneration for Legal Documentation and Other
Land Matters) Order 1991
Made by The Legal Practitioners Remuneration Committee under the power conferred on them
S15(3) of LPA
Divided into three scale of charges:
i. Scale I – sale or purchase of land and mortgage transactions
ii. Scale II – lease or agreement to lease at a rent and
iii. Scale III – other legal documentations not provided for in Scale I and II
See Schd. 1 of the Order

SCALE I
Regulates:
• sale or purchase of land;
o sale and purchase by public auction
o deducing titles, perusing, preparation and completion of legal documentations
o Negotiating sale or purchase of land by private auction
• mortgage transactions;
o negotiation of loan
o deducing titles, perusing, preparation and completion of Mortgage
The scale is divided into three parts, to wit:

• Part I & II - schedule of fees chargeable for specific transactions
• Part III – rules
• Part III – Rules, Legal practitioner is entitled to:
• Mortgage transaction:
o If representing one party, full fee of that party’s solicitor
o If representing both parties, full fee of mortgagee’s solicitor and half of mortgagor’s
solicitor
• Sale of land:
o If represents one party, full fee of that party’s solicitor
o If representing for both parties, full fee of the vendor’s solicitor and half fee of the
purchaser’s solicitor
167
SCALE OF CHARGES ON SALES, PURCHASES, AND MORTGAGES

(1) (2) For the (3) For the (4) For the (5) For the
Transaction first N1, second and 4th and each remainder
conducted 000 per third subsequent without
N100 N1,000 N1,000 up to limit
per N100 N20, 000 per N100
per N100
1. Vendor’s LP for conducting a N22.50k N5.62k N3.75k N2.80k
sale of property by public
auction, including the conditions
of sale-
(a) When the property is sold
(b) When the property is not sold N11.25k N5.62k N2.80k N1.48k
2. A minimum charge of
N100.00k is to be made whether
a sale is effected or not
3. Vendor’s LP for deducing title As in Part II N22.50 N11.25 N5.00
to leasehold property and thereof
perusing and completing
Legal documentation
4. Purchaser’s LP for As in Part II N22.50 N11.25 N7.50
investigating title to leasehold thereof
property and preparing legal
documentation
5. Mortgagor’s LP for N11.25 N11.25 N3.75 N2.50
negotiating loan
6. Mortgagor’s LP for deducing As in Part II N22.50 N11.25 N2.50
title to leasehold property, thereof
perusing mortgage and
completing
7. Mortgagee’s LP for N22.50 N22.60 N7.70 N5.00
negotiating loan
8. Mortgagee’s LP for As in Part II N22.50 N11.25 N2.50
investigating title to leasehold thereof
property, and preparing and
completing mortgage
9. Purchaser’s LP for negotiating N22.50 N3.75 N3.62 N2.80
a purchase and
vendor’s LP for negotiating a
sale of property by private
auction
CALCULATION EXERCISE
Assuming that Eze Igwe is the vendor’s legal practitioner for conducting sale of a property by
public auction for N50,000, calculate Eze Igwe’s charges.
STAGE 1: For the first N1,000 Eze Igwe would charge N22.50k on every N100 for the N1,000:
168
N1,000 X N22.50
N100 1
= N10 X N22.50
= N225.00k
STAGE 2: For the 2nd & 3rd N1,000 He would charge N5.62k on every
N100 for N2,000:
N2000 X N5.62
N100 1
= N20 X N5.62
= N112.40k
STAGE 3: For the 4th & each subsequent N1,000 up to N20,000
He would charge N3.75k on every
N100 for N17,000:
N17000 X N3.75
N100 1
= N170 X N3.75
= N637.50k
STAGE 4: For the remainder without limit (i.e., N50,000 – N20,000)
He would charge N2.80k on every
N100 for N30,000:
N30,000 X N2.80
N100 1
= N300 X N2.80
= N840.00k
EZE IGWE’S TOTAL FEES
• Add up stages 1, 2, 3, and 4 as follows:
o Stage 1: 225.00k
o Stage 2: 112.40k
o Stage 3: 637.50k
o Stage 4: 840.00k
o Total = N1,814.90k
SCALE II
Regulates:
• charges for leases or
169
• Agreements for leases
Has 3 parts;
• Part I – charges for lease for a period less than 35 years
• Part II – Charges for lease for 35 years and above SCALE II
• Part III – rules
The legal practitioner is entitled to:

• If representing one of the parties – full fee of the party’s solicitors
• If representing both parties – full fee of the lessor’s solicitors and half fee of the lessee’s
solicitors
PART I
The scale is divided into two major charges:
• For Lessor’s legal practitioner and
• For Lessee’s legal practitioner
For Lessor’s Legal Practitioner

1. For preparing, settling and completing the lease and counterpart
(a) Where the rent does not exceed N100 – N37.50k on the rent but not less than N25 in any
case
(b) Where the rent exceeds N100 but does not exceed N1000 – N37.50k for the first N100
and N25 for each subsequent N100 or part thereof
(c) Where the rent exceeds N1000 – N37.50k for the first N100; N25 for each N100 or part
thereof up to N1,000 and N12.50k for every subsequent N100 or part thereof after the
first N1000
For Lessee’s Legal Practitioner

2. For perusing draft and completing the transaction, the lessee’s legal practitioner shall be
entitled to half of the amount payable to the lessor’s legal practitioner.
CALCULATION EXERCISE
Assuming that Eze Igwe was the Lessor’s legal practitioner for a lease transaction in which the
rent was N10,000, calculate his legal fees
STAGE 1: For the first N100
• He would charge N37.50k
STAGE 2: For each subsequent N100 up to N1,000

He would charge N25 for each N100 up to N1,000:
N900 x N25.00
170
N100 1
= N9 x N25.00
= N225.00k
STAGE 3: For the remainder above N1,000, that is N9,000
He would charge N12.50k on every N100 for N9,000:
N9,000 X N12.50
N100 1
= N90 X N12.50
= N1,125.00
EZE IGWE’S FEES
Add up stages 1, 2, and 3 as follows:
• Stage 1: N 37.50k
• Stage 2: N225.00k
• Stage 3: N1,125.00k
• TOTAL: N1,387.50k
• EZE IGWE’S TOTAL FEE = N1,387.50k
SCALE III
Regulates: Non-contentious legal work for which no scale of charges is provided for in the Order.
E.g., Incorporation of companies, searches at lands, probate and CAC, securing release of
detained person from police station etc.
Cases where a legal practitioner may charge under it are:
• Where the type of work is not provided for in scale I and in scale II
• The work is provided for in Scale I or Scale II but:
o He elects to charge under scale III and
o He has given written notice of his intention to his client before commencing the work
S5 of the order
o The case is not contentious
o The amount charged should be fair and reasonable in all circumstances of the case.
RECOVERY OF PROFESSIONAL FEES

Court of competent jurisdiction S19(1) LPA
• High Court where the LP;
o Carries on his practice or
o Usually resides or
o Where the proceedings stated in his claim was commenced
171
• Or where the Client;

o Usually resides or
o Has his principal place of business
Note: Lawyer may claim 10% interest per annum on disbursements made and costs incurred in
the course of the work
S16 of the LPA on Recovery of Charges provides that;
(1) Subject to the provisions of this Act, a legal practitioner shall be entitled to re‐ cover his
charges by action in any court of competent jurisdiction.
(2) Subject as aforesaid, a legal practitioner shall not be entitled to begin an action to recover his
charges unless‐
(a) a bill for the charges containing particulars of the principal items included in the bill
and signed by him, or in the case of a firm by one of the partners or in the name of the
firm, has been served on the client personally or left for him at his last address as known
to the legal practitioner or sent by post addressed to the client at that address; and
(b) the period of one month beginning with the date of delivery of the bill has expired.
As was held by the SC in Oyekanmi v NEPA, three mandatory conditions for filing an action:
• Prepare bill of charges
• Serve the bill of charges
• Allow for expiration of one month from date of delivery of bill
PREPARE BILL OF CHARGES

Solicitor must prepare a bill containing particulars of principal items, work done – cost and
expenses – disbursements. Signed by the solicitor, if a firm – by one partner or in the name of
the firm, a bit contrary to Okafor v Nweke but the Act will be followed.
SERVICE OF BILL
The bill must be served on the client:
• Personally or
• Left at his last known address or
• Sent by post addressed to him at his last known address
PERIOD OF ONE MONTH TO EXPIRE AFTER DELIVERY

After service, a period of one month must expire before the legal practitioner can institute an
action. One month means one calendar month not 30 or 31 days S. 18 of Interpretation Act
By S16(3) LPA, the period may not count if the LP by motion ex parte or the court so directs
after giving the prescribed notice, if LP satisfies the court that:
(a) He has delivered bill of charges
(b) The charge appears on the face of it to be proper in the circumstances
172
(c) Circumstances exist, indicating that the client is about to do an act to prevent or delay its
payment
SUMMARY OF STEPS FOR RECOVERY

• 1st Step; prepare bill of charges
• 2nd Step; sign bill of charges
• 3rd Step; Serve bill of charges
• 4th Step; wait for one month to expire after service
• 5th Step; file action at the High Court
CONTENTS OF BILL OF CHARGES

1. Subject matter
2. Particulars of the charges, fees and other disbursements; fees are LP professional fees
while disbursements are expenses made by LP on behalf of the client of which the LP is
entitled to reimbursement.
3. All the charges, fees and disbursements
4. Summarized statement of the legal work done Oyekanmi v NEPA
5. The standing of the legal Practitioner at the bar in terms of years of experience Oyekanmi
v. NEPA, FBN v Ndoma Egba.
6. Date
7. Signature and Particulars of Lawyer/Firm
8. Client’s Name and Address
9. Mode of Payment and Warning
Rationale for Particularising of a Bill of Charges;

i. It affords the client a clear picture of the grounds for the charges, fees and disbursements
claimed by the lawyer in the bill.
ii. It makes it easier for the client to choose which item of work to acknowledge and
consequently admit the bill attached to it.
iii. An itemised or particularised bill of charges facilitates the taxation of the bill by the
taxing officer in accordance with the LPA.
Insufficient Particulars
Where a bill of charges has insufficient particulars, it may still be able to ground an action for
recovery of fees provided it is not so defective as to be incurably bad Oyekanmi v NEPA.
TAXATION OF BILL OF CHARGES OF A LEGAL PRACTITIONER
Court can direct that the bill of charges delivered by a lawyer be taxed. It can do so upon
application by:
• The client or
• The legal practitioner SS17 & 18 LPA
Conditions for order of taxation:

173
• The client/legal practitioner must make the application within one month of the service
of the bill
• Direction for provision of security (if made), has been complied with by the client.
CLASS TASKS
QUESTION 1:
You represented Mrs. Kayuba Ada of No. 15 Isiuzo Street, Ogui New Layout, Enugu in a case
of recovery of N10,000,000 owed to her by Agricultural Bank Plc with respect to contract for
the supply of five hundred tons of cashew nut worth N10,000,000.00 (Ten million naira only),
which she supplied to the bank for onward exportation to Malaysia.
It was agreed between the two of you that she would bear all the expenses for the documentation,
filing and services; pay N2,000 as appearance fee for every day you went to court and 5% of the
actual sum recovered as your professional fees. Before you filed the case, she made a payment
on account of N100,000. In the course of doing the case, you spent the sum of N30,000 on
1/11/2013 for filing of writ of summons and other court processes with service; N10,000 for
filing of motion on notice and service on 6/11/2013. You made a total of 10 appearances in the
case. You also spent N5,000 for typing and printing these court processes. On 11/12/2013,
consent judgement was entered in favour of your client for the sum N8,000,000.00. You paid
N2,000 to get a copy of the judgement. You applied for writ of execution and went for
enforcement on 17/12/2013 and spent N50,000.00 in relation thereto. On 21/12/2013, a banker’s
cheque for the judgement sum in favour of your client was delivered to you.
(a) Draft your firm’s bill of charges?
(b) You have served Mrs. Kayuba Ada your bill of charges and she refused to pay, state the
procedure you would adopt to recover your professional fee?
(c) Assuming that you have decided to file an action against Mrs. Kayuba Ada, and Obi Ben Esq.
represented you, state the factors that Obi Ben Esq. would take into consideration in charging
his professional fees for this matter?
(d) State and briefly explain the types of fees that a lawyer can charge his clients?
QUESTION 2:
You represented Mrs. Kayuba Ada of No. 15 Isiuzo Street, Ogui New Layout, Enugu in
negotiating a loan of N10,000,000 which she collected from Agricultural Bank Plc. Calculate
your professional fee for this service.
MARKING SCHEME
QUESTION 1:
(a)
XYZ CHAMBERS
(LEGAL PRACTITIONERS)
174
NO. ABC ADDRESS

TEL: 0009993303E-mail: hi@gmail.com Website: www.mzc.com
Our ref:……………………. Your ref:……………………….
Date: Any date.
Mrs Kayuba Ada,

No. 10 Isiuzo Street,
Ogui New Layout,
Enugu Street,
Dear Madam,
BILL OF CHARGES
IN RE: SUIT NO……..….. BETWEEN MRS KAYUBA ADA vs. AGRICULTURAL BANK
PLC
S/ DATE DETAILS OF WORK DONE CHARGE
NO.
1 1/11/2013 Filing of Writ of Summons and other N30,000
court processes with service
2 6/11/2013 Filing of motion on notice for summary N10,000
judgement with service
3 6/11/2013 Typing and printing of court processes N5,000
4 Between Ten Appearance made on your behalf N20,000
6/11/2013 in this case at the agreed rate of
and N2,000 per appearance
11/12/2013
5 11/12/2013 Getting Copy of the judgement N2,000
6 17/12/2013 Arrangements for levying execution of N50,000
the judgement
7 21/12/2013 Our Professional fees for conducting N400,000
this case till judgement - 5% of
N8,000,000 as agreed
Total Disbursement N517,000
Less payment on Account N100,000
TOTAL One million, eighty-five thousand naira N417,000
only
175
------------
Mr ABC
(counsel)
(b) The steps that I would adopt to recover my professional fees are:
1. I would wait for the expiration of one month from the date of service of the bill of charges
on her
2. Thereafter, I will file an action in the High Court
(c) The factors that Obi Ben Esq would consider in charging his professional fees for the case
are:
1. Contingency or certainty of the compensation
2. The time the case would take
3. Customary charges of the Bar for similar services
4. The skill and labour required to complete the work
5. Novelty and difficulty of questions involved
6. Amount of money involved
7. Loss of opportunity of appearing for other persons
8. Benefit accruing to client
9. Whether the client is a constant or a casual one
(d) The types of fees and their brief explanations are: –

1. Scale fee - charges based on scale in the Legal Practitioners (Remuneration for Legal
Documentation and Other Land Matters) Order 1991
2. Fixed fee – charged on rate fixed for specific works
3. Appearance fee – charged by Legal Practitioners for appearing in court for a client
4. Hourly rate fee – charged at a specific rate per hour that the legal practitioner renders his
services
5. Percentage fee – charged at a given percentage based on the value of the transaction
6. Contingent fee - It is fee paid or agreed to be paid by client for the lawyer’s services
under arrangement whereby the amount of the compensation (whether fixed or
determined by a formula) would depend on the successful completion of the case or brief.
QUESTION 2:
Calculation of my professional fees:
• STAGE 1: For the first N1,000 per N100
I would charge N11.25k on every N100 for N1,000:

176
N1,000 x N11.25
N100 1
= N10 x N11.25
= N112.50k
• STAGE 2: For the 2nd & 3rd N1,000 per N100 > N2,000
(2nd N1,000 + 3rd N1,000)

N2,000 x N11.25
N100 1
= N20 x N11.25
= N225.00k
• STAGE 3: For the 4th & each subsequent N1,000 up to N20,000 per N100 > N17,000
(N20,000 – 1st, 2nd and 3rd N,1000, i.e., N3,000)

N17000 x N3.75
N100 1
= N170 x N3.75
= N637.50k
• STAGE 4: For the remainder without limit > N9,980,000
He would charge N2.50k on every N100 for N9,980,000:

N9,980,000 x N2.50
N100 1
= N99,800 x N2.50
= N249,500.00k
• EZE IGWE’S TOTAL FEES:
Add up stages 1, 2, 3, and 4 as follows:

Stage 1: 112.50k
Stage 2: 225.00k
Stage 3: 637.50k
Stage 4: 249,500.00k
Total = N250, 475.00k
• The total fee would be the sum of N250,475.00K
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WEEK 18: (i) LEGAL PRACTITIONERS ACCOUNTS;

(ii) LEGAL PRACTITIONERS ACCOUNTS RULES
CONTENTS
1. Books of accounts to be kept by lawyers
2. Legal Practitioners Accounts Rules;
3. Obligatory accounts, books of accounts, objectives and values for keeping various books of
accounts;
4. Sources of clients money; rules on clients and trust money;
5. Drafting- cash book and ledger for personal/firm account and client account
6. Inspection of accounts and enforcement
OUTCOMES
3. Explain and discuss the provisions of Legal Practitioners Accounts Rules;
4. Explain and discuss types of accounts, types and objectives for books of accounts, sources
of client’s money and how to deal with clients and trust money.
5. Draft a cash book and ledger for personal/firm account and client account
6. Explain and discuss classification of transactions into personal and impersonal accounts;
7. Explain the rules and procedure for inspection and enforcement of lawyer’s accounts
ACTIVITIES
1. Tutor gives an overview of the Legal Practitioners Accounts Rules and its application; types
of accounts, types and objectives for books of accounts, sources of client’s money and how
to deal with clients and trust money- - 1 hr
2. Tutor presents sample quiz/questions and students answer in writing- 20 minutes;
3. Students present answers for plenary discussion – 30 minutes;
15 MINUTES BREAK
4. Tutor gives an overview of how to draft cash book and ledger for personal/firm account and
client account, using examples– 40 Minutes;
5. Using Example 4 in Students Hand book or any other example presented by the tutor,
students draft a cash book and ledger – 20 minutes
6. At plenary, presentations are made by students of activity 5 (and discussions follow) –30
minutes
7. Tutor gives an overview of the rules and procedure for inspection and enforcement of
lawyer’s accounts and presents quizzes/questions for students to answer --- 30 minutes
178
INTRODUCTION
Every legal practitioner in Nigeria is under obligation to open, maintain and operate certain bank
accounts.
These accounts are regulated by the LPA S20(2) and the LPAR, 1964.
Legal practitioners are also to keep certain books of account and records of their financial
transactions in their law firms.
ACCOUNTS
1. Client Account;
2. Trust Bank Account; And
3. Individual/Firm/Partnership Account.
CLIENT ACCOUNT. R.3 LPAR.

• Every legal practitioner in Nigeria who holds or receives money on behalf of a client is
mandated to open a client’s account or as many clients’ accounts as he desires.
• The client account may be a current or deposit account which should be in the name of
the legal practitioner and should contain the word ‘client’ in its title.
• No personal money of the legal practitioner, other than the money used in opening or
maintaining the account, must be paid into the account.
WHAT IS CLIENT’S MONEY? R.2(1) LPAR.

• It means any money held or received by a legal practitioner on account of a person for
whom he is acting in relation to the holding or receipt of such money either as a legal
practitioner or, in connection with his practice as a legal practitioner, as agent, bailee,
stakeholder or in any other capacity; provided that it shall not include:
o Money held or received on account of the trustees of a trust of which the legal
practitioner is a solicitor-trustee, or
o Money to which the only person entitled is the legal practitioner himself, or, in the
case of a firm of legal practitioners, one or more of the partners in the firm.
MONEY TO BE PAID INTO CLIENT’S ACCOUNT. R.4 LPAR

• Trust money;
• Such money belonging to the legal practitioner as may be necessary for the purpose of
opening or maintaining the account;
• Money meant to replace any sum which, may by mistake or accident, have been drawn
from the client’s account;
• Any cheque or draft received by the legal practitioner which contains client money and
trust money which the legal practitioner did not split.
179
WITHDRAWALS FROM CLIENT ACCOUNT. R.7 LPAR.

IN THE CASE OF A CLIENT’S MONEY:
i. Money properly required for payment to or on behalf of the client;
ii. Money properly required for, or towards payment of a debt due to the legal practitioner
from the client which the client has acknowledged in writing;
iii. Money required for the reimbursement of the legal practitioner for expenses made by
him on behalf of the client of which notification in writing has been given to the client;
iv. Any money, the withdrawal of which is, authorized by the client; Money properly
required for or towards payment of the legal practitioner’s costs where a bill of costs or
other written intimation of the amount of the costs incurred has been delivered to the
client and the client has been notified in writing that the money held for him will be
applied towards or in satisfaction of such costs.
IN THE CASE OF TRUST MONEY:

i. Money properly required for payment in the execution of a particular trust;
ii. Trust money contained in a cheque or draft which the legal practitioner did not split
before paying it into the client account;
iii. Money mistakenly or accidentally paid into the client account by the legal practitioner;
iv. Money to be transferred to a separate bank account kept solely for the money of a
particular trust.
CLIENT’S MONEY WHICH MAY NOT BE PAID INTO CLIENT ACCOUNT.R9(1).

i. Cash received by him on behalf of a client which, without delay, he pays, in the ordinary
course of business, to the client or to a third party;
ii. Cheque or draft received by him on behalf of a client and which in the ordinary course
of business he endorsed to the client or to a third party without passing it through a bank
account; and
iii. Money the legal practitioner pays into a separate bank account opened or to be opened
in the name of the client or some person named by the client.
CLIENT’S MONEY WHICH MUST NOT BE PAID INTO CLIENTS’ ACCOUNT.R9(2)

i. Any money which the client for his own convenience by notification in writing requests
the legal practitioner not to pay into client account;
ii. Any money the legal practitioner receives for, or towards payment of a debt due to the
legal practitioner from the client which debt the client has acknowledged in writing;
iii. Any money received as reimbursement made to the legal practitioner of money expended
by him on behalf of the client particulars of which have been sent in writing to the client;
Others are:
iv. Money paid to the legal practitioner, expressly on account of defraying any costs incurred
while acting for the client, for which a bill of costs or other written intimation of the
amount of costs has been delivered;
180
v. Any fee paid by the client to the legal practitioner for any business undertaken or to be
undertaken by the legal practitioner on behalf of the client;
vi. Any money belonging to a client which the General Council of the Bar authorized the
legal practitioner in writing, to withhold from paying into the client account; R9(4)
vii. Any other money belonging to the legal practitioner which is not permitted by the LPAR
to be paid into client account.
SOURCES OF CLIENT’S MONEY

i. Litigation;
ii. Agency work;
iii. Conveyancing work;
iv. Negotiations for compensation;
v. Fees on account;
vi. Appointment as executor or trustee;
vii. Miscellaneous funds.
TRUST BANK ACCOUNT. R13 LPAR

This bank account is required to be opened by a legal practitioner where he is a solicitor-trustee
and he holds or receives any money on account of such trust.
By R2(1) LPAR, a LP shall be regarded as a solicitor-trustee where he is sole trustee or a co-
trustee only with a partner in his law firm or a clerk, his servant or more than one of such persons,
(this is called a controlled trust).
MONEY TO BE PAID INTO TRUST BANK ACCOUNT. R 14 LPAR.
i. Money, subject of a particular trust of which the LP is a solicitor trustee;
ii. Money belonging to a solicitor-trustee or a co-trustee which is required for the purpose
of opening or maintaining the account;
iii. Money paid to replace any money which the solicitor-trustee mistakenly or accidentally
withdrew from the trust bank account;
iv. Any composite cheque or draft containing trust money which the solicitor-trustee did not
split to take out the trust money;
v. Any money which the court may, by order, direct to be paid into the trust bank account;
vi. Trust money mistakenly paid into client’s account.
WITHDRAWALS FROM TRUST BANK ACCOUNT. R17 LPAR.

i. Money properly required for a payment in the execution of the particular trust;
ii.Money to be transferred to a client account;
iii.
Money mistakenly or accidentally paid into the trust bank account;
iv.Money belonging to the solicitor-trustee or a co-trustee which was used to open or
maintain the trust bank account; and
v. Any other money which the General Council of the Bar may authorize in writing to be
withdrawn from the trust bank account.
181
MONEY THAT MAY NOT BE PAID INTO TRUST BANK ACCOUNT. R19 LPAR.
i. Money which the LP received in cash and which he immediately paid out in same manner
to a 3rd party in execution of the trust; or
ii. A cheque or draft which the LP received which he endorsed to a 3rd party in execution
of the trust without delay and which he did not pass through a bank.
INDIVIDUAL/FIRM/PARTNERSHIP ACCOUNT
This is an account into which the legal practitioner pays his personal or partnership or money
belonging to his law firm. The account is in the name of the legal practitioner or his law firm.
Client’s money or trust money is not permitted to be paid into this account except as may be
permitted by the LPAR.
PERSONAL/ IMPERSONAL ACCOUNTS.
The above accounts may be classified as personal or impersonal accounts.
• Personal accounts: these are accounts dedicated to a specified person (clients), natural
or artificial.
• Impersonal accounts: these are accounts other than personal accounts. They are sub-
divided into, Real account or Nominal account.
o Real account: this is an account into which transactions relating to a property,
tangible or intangible are made.
o Nominal account: this is an account existing only in name into which income,
expenses and capital are recorded. Payment for day to day needs of a Legal
Practitioner are made from this account.
IMPLICATIONS OF NOT KEEPING THE MANDATORY ACCOUNTS.

i. It amounts to a professional misconduct punishable by the LPDC under R55 RPC;
ii. The LP would not be qualified to be conferred with the rank of SAN because maintaining
client’s account is a requirement for conferment.
BOOKS, RECORDS AND ACCOUNTS.

Other than the mandatory accounts, a legal practitioner is also required to keep certain books,
records and accounts in respect of his transactions as a legal practitioner.
There are 4 books of accounts and records:
i. cash book;
ii. ledger;
iii. records of bill of costs and notices;
iv. journal (this is not mandatory in Nigeria).
JOURNAL.
• It is like a diary where daily activities are chronologically entered.
• It is also known as day book or log book.
182
• Transactions are first entered in a journal before they are finally posted to the ledger.
• It is a book of original entry used in respect of transactions which do not originate in any
other book of entry.
• It is not mandatory for a legal practitioner in Nigeria to keep or maintain a journal.
• Most LPs no longer use it, as transactions are now directly entered in the ledger and cash
book.
CASH BOOK.
• Every LP needs a book or record where entries are made relating to his income and
expenditure arising from his practice.
• The cash book may relate to transactions of the LP in his office or it may relate to client
account or trust bank account.
• The rules applicable to all transactions reflected in the cash book are, however, the same.
• The cash book has a debit and credit columns.
• The debit column contains all the receipts by the LP while the credit column contains all
the expenditures made by the LP within a given period of time.
• Where a LP is setting up a new law firm, the first entry on the debit column is usually
the capital account.
There are 3 types of cash book:

• Legal practitioner’s office cash book;
• Client’s account cash book;
• Trust bank account cash book.
A LP may choose to keep 2 cash books, one for the firm and the other for clients. He can even
choose to keep just one cash book for the firm and his clients’ account. In this situation, the cash
book will have 2 columns; one for the clients while the other is for the firm account.
LEDGER
• It contains entries of individual items in a cash book.
• A LP’s transactions contained in the cash book are categorized into groups and each
group of transaction is entered in a separate ledger account.
• The ledger account gives a name to each of those heads of expenditure. Same applies to
all receipts.
• Any money received by the LP is posted to the credit side in the ledger account for that
particular sum while each head of expenditure is posted on the debit side of the individual
ledger account for that expenditure.
• The ledger is regarded as records of the legal practitioner’s transactions in a permanent
form.
RECORDS OF BILL OF COSTS AND NOTICES.
183
• This relates to all bills of charges prepared and sent to clients by a LP and the notification
of such bill.
• The record shall distinguish between fees, costs, and disbursements which the LP made
on behalf of the client.
• The books, accounts and records a LP is required to keep does not include record of any
payment received or held as a member of the public service of the federation or state,
• It does not also include payments he received as a whole-time employee of any statutory
corporation or local authority.
• All entries in the books, accounts and records which a LP is to keep are to be preserved
for at least 6 years from the date of the last entry in such books, accounts or records.
OBJECTIVES OF KEEPING BOOKS OF ACCOUNT.

IN RESPECT OF CLIENT’S BOOKS AND ACCOUNTS:
• It will help the LP to ascertain easily the funds belonging to the client which is in his
possession;
• It will help the LP to know the amount of money belonging to a particular client which
he has paid out to the client or to a 3rd party on the instructions of the client;
• It gives the LP the exact balance of the client’s money in his possession at any given
time;
• It helps the LP to differentiate between client’s money and any other money held by him
on behalf of any other person;
• It helps the LP to separate his personal or office money from client’s money.
IN THE CASE OF INDIVIDUAL OR FIRM BOOKS AND ACCOUNTS:

• It enables the LP to assess his practice through the record of his income and expenditure;
• It helps the LP to ascertain his debtors and creditors at any given time;
• It helps the LP to avoid mixing his personal, partnership or office funds with client’s
money;
• In the case of a partnership, it enables each partner to know his financial standing in the
partnership including his entitlements for any given period.
IN RESPECT OF A TRUST BANK ACCOUNT:

• It enables the LP to separate client’s money from trust money;
• It helps the LP to differentiate between his personal funds or partnership funds on the
one hand and trust money;
• It enables the LP to easily determine, at any point in time, funds that came into his
possession on account of any trust.
• It helps the LP to easily ascertain withdrawals he has made from the trust bank account
in execution of a trust;
• It helps the LP to ensure that other funds belonging to other trusts of which he is a
solicitor-trustee are not appropriated in execution of another trust.
184
INSPECTION AND ENFORCEMENT OF BOOKS OF ACCOUNT R21 LPAR.

• The LPAR 1964 was made by the General Council of the Bar.
• The General Council of the Bar also enforce the provisions of the LPAR.
• The General Council of the Bar may order for the inspection of the books of account kept
by a LP of its own motion, or upon a written request by or on behalf of a branch of the
NBA or upon a written complaint made by a 3rd party, to it.
• Where inspection is to be done on the written complaint of a 3rd party, the Bar Council
may request the complainant to pay some money to cover the costs of the inspection and
the LP whose books are to be inspected.
• Where a LP is ordered by the Bar Council to submit his books of account for inspection,
he is to produce his
o bank pass book,
o statement of account,
o loose-leaf bank statements,
o vouchers and
o other documents at the place and time directed by the Bar Council.
• The documents are to be submitted to an accountant appointed by the Bar Council for
such inspection. When acting on its own motion or upon a written request by a branch of
the NBA, the Bar Council may instead of ordering a LP to produce his books of accounts,
order him to obtain a certificate by an accountant in the form prescribed in the schedule
to the LPAR.
• The accountant shall be nominated by the LP and where he fails the Bar council.
• Whenever the Bar Council is requesting a LP to do anything pursuant to the LPAR, it
shall do so in writing signed by its secretary.
• The written request is to be sent to the last known address of the LP whose books are to
be inspected.
PRE-CLASS ASSIGNMENT
Gajo Jason is the only son of the Amanyanabo of the oil bearing Otuokpoti kingdom in Bayelsa
State, south-south, Nigeria. He was called to the Nigerian Bar in November, 2018. He did his
youth service between 2018 and 2019. Upon successfully completing his service, his father
donated one of his tastefully furnished Duplexes, at the D-line area of Port-Harcourt, Rivers
State, for use as office accommodation by Gajo. The father, on the 20th of December, 2019, gave
Gajo Jason the sum of 20 Million Naira to purchase office equipment. On the 28th 0f December,
2019, Gajo purchased a Mikano soundproof generator for 3 Million Naira, on the same day he
paid the sum of 1 Million Naira for Bookshelves. On the 30th of December, 2019 his mother
gave him 2 Million Naira as her contribution to the setting up of the law firm. On the 3rd of
January, 2020, Gajo bought a brand new Toyota Jeep for 3 Million Naira, and paid the sum of 1
Million Naira as 3 years subscription for Legalpedia Electronic Law Report.
Answer the following Questions:
(1) Draw up the cashbook?
185
(2) Mention the various accounts he is required to operate as a Legal Practitioner in Nigeria?
(3) Mention the books of account that the law firm will require, when fully established?
(4) State the effects, if any, of Gajo’s failure to keep the accounts mentioned in (2) above?
(5) Mention the likely sources of his clients’ money?
1. CASHBOOK
DATE PARTICULARS DR CR
20/12/2019 Capital 20,000,000.00
28/12/2019 Generator 3,000,000.00
28/12/2019 Furniture 1,000,000.00
30/12/2019 Capital 2,000,000.00
3/1/2020 Vehicle 3,000,000.00
3/1/2020 Library Subscription 1,000,000.00
Balance C/D 8,000,000.00
Balance B/D 22,000,000.00
LEDGER ACCOUNTS
Capital Account
20/12/2019 Cash 20,000,000.00
30/12/2019 Cash 2,000,000.00
Balance B/D 22,000,000.00
Generator Account
28/12/2019 Cash 3,000,000.00
Furniture Account
28/12/2019 Cash 1,000,000.00
Vehicle Account
3/1/2020 Cash 3,000,000.00
Library Subscription Account

186
3/1/2020 Cash 1,000,000.00
WEEK 19: WORKSHOP ON PLACEMENT (COURT AND LAW OFFICE

ATTACHMENT)
WEEK 20: REVISION OF THE COURSE
WEEK 21- Pre-Bar exams assessment tests
187

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Chris Ozo Agbata chrisozcaagbata@gmail.com chrisozoagbata@edupalinstitute.

WEEK 3- OVERVIEW OF THE PROFESSIONAL ETHICS AND HISTORY OF THE

8. Assessment and Evaluation – 15 minutes

B. Relation with Clients DRR CAP LWC DRI

C. Relations with Other Lawyers FGAC (Fellowship Gives All Courage)

D. Relation with the Court LDC TRL CEL

E. Improper Attraction of Business ANSB CALPI

SOME KEY HISTORICAL FACTS

• First Nigerian to become a judge (1931) Olumuyiwa Jigbo

THE THREE PERIODS OF HISTORY

PROFESSIONALLY QUALIFIED LAWYERS

THOSE WHO HAVE SERVED ARTICLE

DEFICIENCIES OF AN ENGLISH TRAINED LAWYER PRACTICING IN NIGERIA

ABSENCE OF THE 3 MONTHS POST-CALL PRACTICAL EXPERIENCE

COMMITTEE’S TERMS OF REFERENCE.

POST 1962 PERIOD

The 3 categories from this definition are as follows:

THOSE ENTITLED TO PRACTICE GENERALLY

HOW DOES ONE GET CALLED TO THE NIGERIAN BAR?

PRODUCTION OF QUALIFYING CERTIFICATE

EXEMPTION FROM COURSE

THE CRITERIA FOR FULL EXEMPTION

CRITERIA FOR PARTIAL EXEMPTION

THOSE ENTITLED TO PRACTICE BY VIRTUE OF OFFICE S.2(3) LPA

THOSE ENTITLED TO PRACTICE BY VIRTUE OF THEIR OFFICES:

AGF’S REGULATION ON WHO CAN PRACTICE WITHOUT CALL

ORDER OF PROCEDURE OF THE BAR IN COURT

WEEK 4 - REGULATORY BODIES IN THE LEGAL PROFESSION; EXCLUSIVE

REGULATORY BODIES IN THE LEGAL PROFESSION

GENERAL COUNCIL OF THE BAR: S1 LPA

Functions of the GCOB

BODY OF BENCHERS: S3 LPA

Functions of the Body of Benchers

7. The keeping of 3 dinning terms by aspirants to the Bar.

LEGAL PRACTITIONERS’ PRIVILEGES COMMITTEE S5(3) LPA

Functions of the LPPC

Privileges of Holders of the rank of SAN

LEGAL PRACITIONERS DISCIPLINARY COMMITTEE S11 LPA

determination by the committee. This is based on the principle of natural justice

LEGAL PRATITIONERS REMUNERATION COMMITTEE S15(1) LPA

COUNCIL OF LEGAL EDUCATION

NATIONAL JUDICIAL COUNCIL

recommendation of the National Executive Committee of the NBA to serve for 2

NIGERIAN BAR ASSOCIATION

6. Improvement of the system of administration of justice, its procedures and arrangement

EXCLUSIVE RIGHTS OF LEGAL PRACTITIONERS

WEEK 5: (i) APPOINTMENT AND DISCIPLINE OF JUDICIAL OFFICERS;

APPOINTMENT OF JUDICIAL OFFICERS

SN COURT SECTION (CFRN) QUALIFICATION

PROCEDURE FOR APPOINTMENT

a. State Court – Chairman of SJSC to Governor and copy to Secretary, NJC

o Completed NJC Form A with the documents attached

o Memorandum shall state:

SOME INFORMATION TO BE SUPPLIED BY THE CANDIDATE

DISCIPLINE OF JUDICIAL OFFICERS

DISCIPLINARY ACTIONS THAT CAN BE METTED TO JUDICIAL OFFICERS

PROCEDURE FOR DISCIPLINING AND REMOVAL OF JUDICIAL OFFICER

• Accompanied by a verifying affidavit

BODIES SADDLED WITH RESPONSIBILTY TO DISCIPLINE

OFFENCES THAT CAN BE PUNISHED

INFAMOUS CONDUCT IN A PROFESSIONAL RESPECT

• Conducts held infamous include:

• Offences that qualified include:

C O Agbata's PES Note

C O Agbata's PES Note