APRIL 2016 CONTRIBUTORS Prof. Edwin |. Nwogugu- Prof. Osita Nnamani Ogbu - Prof. Obiora Chinedu Okafor & Basil Ugochukwu Prof. Ernest Ojukwu, S.A.N. &Ugochukwu Njoku Dr. O. B. Akinola Chief G.O. Omeh, Esq Ikeazor Akaraiwe, Esq Dr. C.J. Ubanyionwu Prof. Chukwuemeka G. Nnona & Sylvester N. Anya Didactic Material TO BE CITED AS: (2016) 1 ENBAR LL. Primogeniture in Igbo Customary Law of Inheritance Application for Transfer of a Case and the Right to be Tried by an Independent and Impartial Court Inventing Legal Combat: Pro-poor “Struggles” in the Human Rights Jurisprudence of the Nigerian Appellate Courts, 1999- 2011 The Power and Competence of States under the Constitution to set up Environmental Agencies in Nigeria Legal Ethics and the Sustenance of 48 Democracy in Nigeria 117 Global Dimension of the Concept of Corporate Governance In Administration of Companies 134 The Mystery of Sui Generis in Electoral Litigation in Nigeria 175 Election Petition cases and the Right to Fair Hearing Within a Reasonable Time 184 Students' References and Recommendations: Context, Issues and Optimization 207 Code of Conduct for Judicial Officers of the Federal Republic of Nigeria 251l , iB PMU Teld Wale eel et L Ve Eden Vale] ea ec ie gL Ueda CONTRIBUTORS . Prof. Edwin |. Nwogugu = - Prof. Osita Nnamani Ogbu - Prof. Obiora Chinedu Okafor & Basil Ugochukwu Prof. Ernest Ojukwu, S.A.N. &Ugochukwu Njoku Dr. 0. B. Akinola Chief G.O. Omeh, Esq Ikeazor Akaraiwe, Esq Dr. C.J. Ubanyionwu Prof. Chukwuemeka G. Nnona & Sylvester N. Anya Didactic Material SOME a eee Primogeniture in Igbo Customary Law of Inheritance Application for Transfer of a Case and the Right to be Tried by an Independent and Impartial Court Inventing Legal Combat: Pro-poor “Struggles” in the Human Rights Jurisprudence of the Nigerian Appellate Courts, 1999- 2011 The Power and Competence of States under the Constitution to set up Environmental Agencies in Nigeria Legal Ethics and the Sustenance of Democracy in Nigeria Global Dimension of the Concept of Corporate Governance In Administration of Companies The Mystery of Sui Generis in Electoral Litigation in Nigeria Election Petition cases and the Right to Fair Hearing Within a Reasonable Time Students’ References and Recommendations: Context, Issues and Optimization Code of Conduct for Judicial Officers of the Federal Republic of NigeriaLEGAL ETHICS AND THE SUSTENANCE OF DEMOCRACY IN NIGERIA Dr. O. B. Akinola! Abstract The concept of legal ethics is wide. It can be written in several chapters of a book. However, this paper analyses the meaning and scope of ethies, legal ethics and democracy in Nigeria The Paper identified aspects in which legal practitioners, magistrates and judges as custodians of'legat ethics are expected to live up to expectation amd the relevance of legal ethics to sustenance of democracy in Nigeria. The Paper asserts the importance of legal ethies to the legal profession which plays a vital role in the observance of rule of law. The Paper further established a nexus between legal ethics and democracy and the effects observance of legal Introduction The word ‘ethics’ is a generic one. It is simply a rule of conduct, It could also mean a branch of philosophy that seeks to determine the correct application of moral notions such as good and bad and tight and wrong or a theory of the application or nature of such notions.” Ethics is the Science of morals; that branch of Philosophy which is concerned with human character and conduct; a system of morals or rules of. behavior? It is the ome ‘LL.B (Hons) (Unilorin), Barrister ae Law, LL.M (ABSU), Ph.D (UNIZIK), rer, Department of Professional Ethics’ and’ Skills, Nigerian Law School, Augustine Nnamani Campus, Agbani, Enugu State. akinobukky@gmail.com. Encyclopeadia Britannica Lite 2013, The Chambers Dictionary, 10" Ed. P. 516 * Gamer B. A. Blacks Law Dictionary, 9" Edition, West Publishers, P. 976. 117ENBAR LAW JOURNAL VOL. I NO. 1 regulating human conducts. To succeed in any vocation or profession, an entrant must have the implements required to operate in it. The farmer must have his farmland, hoe, seedlings and manure and the teacher, his chalk, blackboard, and cane; the medical doctor must have his stethoscope, drugs and beds and the commercial driver his driver’s license, a roadworthy vehicle and sobriety. The priest cannot perform ecclesiastical rites without a Bible, a congregation and God’s anointing, the carpenter needs the nail, the wood and the saw.* Democracy is a form of government in which the supreme power is retained and directly exercised by the people.® The core of democracy is the people or their elected representatives. It is therefore a doctrine that the numerical majority of an organised group can make decisions binding on the whole group. A major component of this system of government is the observance of the tenets of the rule of law and supremacy of the law. The principle of separation of power is further deepened by interpretation of law in order to entrench democratic values. The legal profession is very vital to the promotion of rule of law which is a major catalyst for democratic practices. The legal profession dovetails into the bar and the bench. The profession thrives more on its ethics. The growth of any democratic culture is dependent on an ethically sound legal profession. The Concept of Legal Ethics Legal ethics refers to usages and customs among members of the legal profession, involving their moral or professional duties towards one another, towards clients, and towards the courts.” By way of description, legal ethics refers narrowly to the system of professional regulations governing the conduct of lawyers. Ina 5 Hon. Justice G. C. Nnamani The Imperatives of Professional Ethics in the Practice of Law. Chap 6. Contemporary Issues in Law and Jurisprudence: Selected Essays in Honour of Hon. Justice F. Ken Ezeike. (Snaap Press, Enugu) 2011 at P. 101. © The Free Dictionary online 7 bid, Hon. Justice G.C. Nnamani at P. 98. 118O. B, Akinola, Legal Ethics And The Sustenance Of Democracy In Nigeria broader sense, legal ethics is simply a case of ethics in general, as ethics is understood in the central traditions of philosophy and religion.’ Legal ethics in the strict sense is applicable to the legal profession. The legal profession comprises of the bar and the bench. The bar comprises of the legal practitioners while bench has the judges and magistrates of superior and inferior courts respectively. Legal ethics connotes the duties, obligations and privileges of legal practitioners in the legal profession. It is the hallmark of the legal practitioner in terms of his etiquette, conduct, decorum and guide in his profession. A legal practitioner who lacks the requisite ethics cannot excel in the legal profession. It is therefore safer to assert that legal ethics is not inversely proportional to tenets of democracy. It rather complements democratic norms. Be that as it may, the role of the legal profession to a vibrant and practicable democratic culture cannot be over emphasised. The legal practitioner is a key player in the Nigerian justice sector. Therefore, he has a duty to keep the ethics of his profession sacrosanct. The legal practitioner has a duty to do the tight thing even when he knows that no one is watching. A sound justice sector is a booster for the tenets of rule of law by any government. In effect, the rule of law is healthy for the healthy promotion of democratic norms and practices in a given state. The legal profession is a very versatile one. This is because the lawyer may be a judge, a teacher of law in a university, a company director or secretary, a civil servant, an administrator, legal adviser and a political office holder. In terms of his contribution to the political atmosphere of his constituency, a lawyer has the right to vote and be voted for once he meets the constitutional requirements for the political office. Therefore, it is apposite to state that a lawyer can function in a multi-disciplinary capacity. The lawyer should therefore not forget that he is first and foremost a member of the community where he lives. The legal 8 Ibid.ENBAR LAW JOURNAL VOL. 1 NO. 1 practitioner has a duty to guide the community to richer democratic practices using the instrument of legal ethics. The Legai Framework for Legal Ethics in Nigeria The legal profession in Nigeria evolved as far back as the 19" century. Charles Foresythe was the first self-taught attorney, the prototype of the modern lawyer. He was enrolled to practise law at the Supreme Court in Lagos in 1865.9 Although, history has it that Sapara William is the first indigenous Nigerian lawyer.'°Section 87 of the Supreme Court Judicature Act of 1873 provides that all the solicitors and attorneys are to be addressed as ‘Solicitors of the Supreme Court of Judicature’. In the early part of the 19th Century, there were only two classes of legal practitioners i.e. the Barristers and the Solicitors. In January 1862, a Police Court was established to handle cases bothering on different commercial disputes. The Supreme Court Ordinance of 1863 provided for the Supreme Court of her Majesty’s settlement of Lagos colony. Two classes of persons were allowed to practise law in Nigeria by virtue of the Supreme Court Ordinance oF 1876. They are: professionally qualified legal practitioners; those who had served Articles (Solicitors) and Local Attorneys. Between 1914 — 1962 legal practice was restricted to professionally qualified legal practitioners ‘The applicant must join one of the four Inns'! of Court in England, The barrister represents litigants in court. His business is advocacy. He also gives legal opinion on issues referred to him by solicitors. A person who desires to be a solicitor must be articled to a firm of solicitors in England for a period of four (4) years. The Solicitor draws up leases and conveyances, he drafts Wills, Prepares commercial agreements and gives legal advice on all matters to clients. He also seeks legal advice from the barrister ° Adewoye, ©. The Legal profession In Nigeria, 1865 — 1962. Longman, Ibadan. P. 21. 1977. ‘Richard L. Sklar, Nigerian Political Parties: Power in an Emergent Nation. (Princeton) 1963 '' The four Inns are: the Middle temple, the Inner Inn, the Lincoln Inn and the Gray’s Inn. 120ier democratic ck as the 19 attorney, the practise law at ory has it that or.'Section 87 les that all the licitors of the 19th Century, the Barristers vas established disputes. The ‘upreme Court vo classes of virtue of the professionally rved Articles — 1962 legal 1 practitioners qt in England. s is advocacy. vy solicitors. - earticled toa : ; 7 4) years. The drafts Wills, advice on all the barrister 1962. Longman, mergent Nation. + coln Inn and the 0. B. Akinola, Legal Ethics And The Sustenance Of Democracy In Nigeria from time to time on behalf of his clients, By inference, the barrister is a legal adviser from time immemorial. He must therefore brace up and ender his legal advice towards promoting democratic values at any given time. The Nigerian Law School was set up late 1962 and it ran its first 3 months Course for 8 students and the location was at a bulding at 213 Igbosere Street, Lagos which was acquired by the Council of Legal Education from January to April 1963. The Legal Education Act 1962 establish Council of Legal Education charged with the responsibility for providing suitable legal education for persons seeking to be admitted to practise law in Nigeria. The Legal Education Act 1962 was repealed in 1976 and replaced by the Legal Education (Consolidation Decree) in 1976 which decree revised and consolidated previous Act(s) and amendments. The Act was repealed in 1975 and replaced by the Legal Practitioners Decree of 1975. It is now known as Legal Practitioner Act L.FN. 2010.2 The Legal Practitioner Act 1962 now known as Legal Practitioners Act'> makes provision for three categories of people to practise law in Nigeria as legal practitioners. The 3 categories are: those entitled to practise generally, those entitled to practise for the purpose of any particular office e.g. Attorney -General, Solicitor- General and those entitled to Practise for the purpose of any particular proceeding. Whoever Practices as legal practitioner outside this purview is guilty of impersonation by virtue of section 22 of the LPA. However, the provision of section 22 (1) (d) of LPA ought to be reviewed because a fine of N100 or 2 years imprisonment for impersonating a legal practitioner is not punitive enough in the present day realities, My take is that a fine of not less than N500,000 should be imposed on such a convict to deter such conduct in our society. This is because of the danger impersonation of a legal practitioner portends for the legal profession and our nascent democracy. The Rules of Professional Conduct 2007 is the extant rule which governs the conduct and ethical practices of a legal practitioner in °° Cap L.11 LF.N. 2010 1B Cap 207 1990 LFN now Cap L.11 L.F.N. 2010 121ENBAR LAW JOURNAL VOL, 1 NO.1 Nigeria. It is an offshoot of section 12 (4) of the LPA. It is apposite to consider a few of the provisions of the rules with emphasis on aspects that bothers on the legal ethics of the practitioner towards sustaining our democratic values. Ethical Obligations of a Legal Practitioner in the Sustenance of Democracy The life of a legal practitioner is soaked in ethical practices throughout his career. The legal practitioner has a sacred duty towards the state, court, profession, colleagues and the client. The court is vital to any democratic society and the legal practitioner is a minister in the hallowed temple of justice. Legal practitioners are highly educated in a complex discipline; they are allowed the privilege of self-regulation. The profession insists that those uninitiated in the learning of the law are unsuited to regulate the profession." It is apposite to state that the heights which great legal practitioners attained is not a product of accidental flight or sudden eruption into affluence and influence but by dint of hard work, discipline and strict observance of the rules of legal ethics. A successful legal practitioner is an asset to entrenching democratic values in any given society. i. The Legal Practitioner’s Ethics and the Society The calling of a legal practitioner is one with high level of collegiality, civility and mutual trust. In the same vein, law, when practised according to its ethics and tradition, is a most challenging, rewarding and sophisticated profession.'* Ethically, a legal practitioner is expected to give back to the society. Rule 1 of the RPC 2007 places a duty on the legal practitioner to uphold the rule of law. This must be obeyed even at the detriment of the client. In contrast with Rule 19 of the RPC 2007, the legal practitioner is expected not to preserve the confidence of the client where such “ Ukattah F. I. E. Law in Action Gimset Publishers, 1998. P. 16 'S Reaching for the Stars, an autobiography of Folake Solanke (SAN) BookBuilders Editions Africa, P. 217 122= Se ENBAR LAW JOURNAL VOL. 1 NO. 1 legal profession. An unethical legal practitioner is a poison to a delicious democratic meal. In furtherance of the above, a legal practitioner enjoys ceaseless flow of clientele and resources, he has a duty to accept brief under the cab rank rule notwithstanding his personal opinion on the brief. This is a very unique provision in rule 24 of the RPC 2007. Rule 24 (2) places a duty on the legal practitioner not to be a mere mouthpiece of his client to vomit the client’s instructions to the court under any guise but to use his professional judgment to decode what constitutes unethical practice(s) which ought not to surface in the temple of justice.!? A legal practitioner must be courageous in and out of the courtroom. A legal practitioner cannot therefore succeed without total commitment to industry and research. He must possess an analytical mind. These identified tools are a sine qua non to rule of law which is a major tripod upon which democracy stands. In terms of good governance, a legal practitioner has a duty to candidly advise his client to toe the sacred path of rule of law. A legal practitioner who frankly advises a political office holder on the dictates and legislative intent of a statute is doing a great service to building a virile democratic culture in the nation. Where a legal practitioner does otherwise, he is contributing in ruining the labours of our heroes past. Therefore, a legal practitioner is protected from advising against the state under rules 1 and 21 (1) of the RPC 2007. He is further protected from advising a political office holder who desires to flout the provisions of the constitution and other statutes enacted for the sustenance of good democratic values. He must not turn a blind eye to corrupt practices by his public office holder client under any circumstance. He is protected and legally immuned under rule 1 and 19 of the RPC 2007. iii, | The Legal Practitioner’s Etiquette at the Bar In the courtroom, a legal practitioner must be guided by the ethical provisions of rule 36 (b) of the RPC which requires the legal practitioner to conduct himself with decency and decorum and ' Rule 24 (2) of the Rules of Professional Conduct for Legal Practitioners 2007. 124 O.B.. obser and ci mann speect norms democ confen good c the pri behavic tremen judges. flows fi for entr: iv. It shouk on the f by lawy Federatic legal pro of law in AG. Fea Justice ot to file the tackle the Offences applied th the ICPC 9 (2002) ¢ governn Supra Hon. Jus Blue-per whole ec 21 2O. B. Akinola, Legal Ethics And The Sustenance Of | Democracy In Nigeria observe the customs, conduct and code of behaviour of the court and custom of practice of the bar with Tespect to appearance, dress, manners and courtesy. The legal practitioner must be courteous in speech. His voice must be heard for the promotion of democratic norms and against totalitarian approaches in the practice of democracy. It should be noted that under the guidelines for the conferment of the rank of Senior of Advocate of Nigeria (SAN), flows from the concept of “fit and proper’ which is a requirement for entry into the legal profession. iv. The Legal Practitioner’s Ethics on Corruption Issues It should be noted that corruption has inflicted a cancerous wound AG. Federation? was so complex to the extent that the Chief of Justice of Nigeria”had to invite amici curiae as friends of the court to file their briefs of argument and oral addresses in order to jointly tackle the innovations of the Corrupt Practices and other Related Offences Act No. 5 of 2000. The Supreme Court courageously applied the blue pencil rule?3in nullifying sections 26 (3) and 35 of the ICPC Act. * (2002) 6 S.C. (Part 1) 1. This case brought to the fore the need for all tiers of government to collectively conquer the monster of corruption. Supra Hon. Justice. M. L. Uwais (Rtd) Blue-pencil test is a judicial standard for deciding whether to invalidate the whole contract or only the offending words, Under this standard, only the 125:ENBAR LAW JOURNAL VOL. 1 NO, 1 The judgment has also enabled the anti-corruption agencies created under the Obasanjo administration to initiate criminal proceedings against public office holders in all the tiers of government in Nigeria. This act of prosecution without recourse to the police has further acted as a check on the excesses of political office holders. The court” opined further that corruption is not a disease which afflicts public officers alone but society as a whole. If it is therefore to be eradicated effectively, the solution to it must be pervasive to cover every segment of the society.?5 Professional Offences and Discipline of the Legal Practitioner The professional offences recognizable in the legal profession for which a legal practitioner may be sanctioned include infamous conduct in a professional respect,26 conviction by a court of law in Nigeria, conduct(s) incompatible with the status of a legal practitioner and obtaining enrolment by fraud. The appropriate body to sanction the commission of the above professional offences is the Legal Practitioners Disciplinary Committee (LPDC). The procedure for sanctioning a legal practitioner for breach of legal ethics is as contained in the Second Schedule to the LPA as amended Cap 207°7; and LPDC Rules, 1965 but the applicable rule at the moment is the Legal Practitioners Disciplinary Committee Rules, 2006. However, paragraph 2 of the Second Schedule to the LPA 2010 provides that the Chief Justice of Nigeria shall make rules for the purposes of offending words are invalidated if it would be possible to delete them simply by running a blue pencil through them, as opposed to changing, adding or rearranging words. Per M. L. Uwais, CIN at page 28 (lines 31-34) *5 Ibid. Learned Justice A.B. Wali (Rtd) stated further that what the National Assembly did is the promulgation of the Act aimed at abolishing corrupt practices in all their facets throughout Nigeria. It is an effort aimed at promoting and enforcing the observance of the provision of section 15 (5) of the Constitution. Per A. B. Wali JSC (as he then was) at page 35 (lines 37 — 40). * J. Olakunle Orojo, Professional Conduct for Legal Practitioners in Nigeria (2008) Odade Publishers, P 362 77 This Rule has been repealed by the LPDC Rules 2006 126 AoOnan - ex Et LE sec Ba the equ inte Ani judg judi ton the ; meri can} mect amen OH Ac Est anc©. B. Akinola, Legal Ethies And The Sustenance Of. Democracy In Nigeria any proceedings and as to the procedure to be followed and the tules of evidence to be observed in Proceedings before the disciplinary committee. The sanctions which may be meted out to a legal practitioner found culpable of breach of legal ethics are: striking the name of the legal practitioner off the roll, suspending the legal practitioner from legal practice for a specified period of time, admonishing the legal practitioner and refund of money, document or thing which was the basis of the complaint. It should be noted that the LPDC must live up to its expectations to flush out the bad eggs in the legal profession. Where this is done, the profession will bequeath to the nation an unblemished justice sector for sustenance of our democratic values. Ethical Obligations of a Judge in the Sustenance of Democracy The Bangalore Principles of Judicial Conduct emerged from the second meeting of the Judicial Integrity Group which held in Bangalore, India in February 2001. The core values recognized in the document are independence, impartiality, integrity, propriety, equality, competence and diligence. The identified principles are intended to establish standards for ethical conduct of judges. Anidi”* posited that the principles are meant to provide guidance to judges and to afford to the judiciary a framework for regulating judicial conducts. These principles are to the effect that judges are accountable for their conduct to appropriate institutions established to maintain judicial standards in order to achieve independence of the judiciary. Appointment of Judicial officers must be based on merit in order to Promote the rule of law, without which, no nation can progress. Unethical practices are usually sanctioned through a mechanism” provided in the Third Schedule of the 1999 as amended. In a recent development, the Chief Justice of Nigeria has re * Hon. Justice A. O. Anidi, Achieving Judicial Excellence: From Rhetorics to Action; The Bangalore Principles of Judicial Conduct, Contemporary Issues in Law and Jurisprudence: Selected Essays in Honour of Hon, Justice F. Ezeike. P. 248 Establishment of the National Judicial Council for appointment, promotion and diseipline of judicial officers in Nigeria, 127ENBAR LAW JOURNAL VOL. 1 No, ? threatened to Sack any judicial Officer found Wanting in his judicial Office,30 Judges are €xpected to abide by their oath of Office.3! Constitution as amended. The Powers stated therein Ought to be exercised by the SISC. In Okwuezé y, State? the Tespondent who commenced an the client,34 The Judiciary has a Tole to moderate the shape of Politics for the common good, Therefore, 4 judicial Officer as an arbiter must Strive to hear the parties to a dispute courteously, The Guardian, June 17, 2014 at P.3 1 oth hedule, 1999 Constitution as amended (2001) FWLR (Pt, 48) 1277 at 1297 , Dafa Nig. Led y, haku Ine’ Lid (2001 ) 15 NWLR (Pr, 735) 203 at 25} * Ogolo v, Ogolo (2000) F. WLR. (Pt, 15) 266] at 2670 128 ard lege just Proc in s com frust adjon©. B. Akinola, Legal Ethics And The ‘Sustenance Of Democracy In Nigeria answer wisely, consider soberly and not sanctimoniously and decide impartially. democratic system of government, The judiciary is bewildered with its own challenges such as Poor funding, poor Temuneration and lack of modern facilities, corruption among some judicial officers as well as inadequate record their Proceedings in long hand, courts are congested with both civil and criminal cases, Most judges sit in decrepit courtrooms, lacking basic facilities. A visit to High Court, Agbani Judicial Division in Enugu State as of June 2014 will reveal avery hot atmosphere without a single computer system. The Olympia typewriter in use is very old. The furniture in the courtroom are old and there is no trace of comfort for judicial work in the said high court. In addition, the authority of the judiciary is being eroded on a frustrated. Certain Procedures such as those relating to adjournment, allow for easy manipulation of by litigants wishing toENBAR LAW JOURNAL VOL. 1NO.1 delay proceedings.*> For instance, the case Dielu y, Twuno*lasted for 23 years. This portends a bad omen for the sustenance of democratic values in our country. In essence, procedural bottlenecks have succeeded in compounding the challenges which arose out of poor funding, inadequate facilities and threat to independence of judiciary. Judicial Corruption Judicial corruption is a system of crime which involves the litigants, their lawyers, the Corrupt or corruptible arbiter and court officers or external agents with internal link. It should be noted that indolence and unethical vices on the part of the legal Practitioner are factors which aid such a legal practitioner to implant his precious future into the seeds of judicial corruption. Section 9 of the 1999 constitution as amended vests judicial powers of the federation in the courts recognized under the constitution, These Powers must be exercised fearlessly, courageously and with very high dose of judicial activism. Nigerian judges are not immuned from sanctions. The procedure for sanctioning a judge is via a petition written against the petitioner must be able to substantiate his allegations as alleged with credible evidence. In recent times, judges of superior courts have been sanctioned for various offences from warning to outright dismissal from judicial duties.37 ee 3, Federal Republic of Nigeria: Vision 2140 Final Report, Vol. 1 % (1996) 4 NWLR (Pt. 445) 622 ” Coun pat? 21, 2013; the NIC desided that Justice :D. Naron of the High Court, Plateau State, and Justice Charles Efanga Archibong of the Federal High Court Lagos, respectively be retired for abuse of judicial powers, For further reading, see www.njc.gov.ng 130 SSS 80e en. ore g0) con systi Soci boar must emer. inak the sp.O. B. Akinola, Legal Ethics And The Sustenance Of Democracy In Nigeria Legal Ethics and its relevance to the Sustenance of Democracy in Nigeria In furtherance of the above, legal ethics is very germane to the legal profession in Nigeria. The legal profession appears to be a very vital conductor for transmitting democratic currents to the Nigerian populace. A stable and vibrant legal profession can never be achieved without adherence to the rules of professional conduct and code of conduct for judicial officers in Nigeria. By implication, adherence to legal ethics principles promotes a healthy democratic culture. The judiciary is the only body saddied with the constitutional responsibility of interpreting the constitution. This arm of government is vital force to reckon with in the preservation of the fundamental rights of the citizens and sustenance of democracy. The concept of human rights is sacred to any democratic society. The sanctity of the tights is on a continuous basis. Its continuity is in perpetuity. Observance of legal ethics is very vital to sustenance of democracy in Nigeria. Legal ethics is a connecting nerve for the smooth operation of the bar and the bench. It must be strengthened in order to have a smooth administration of justice for the sustenance of democratic values in Nigeria. This paper reminds the legal practitioner of their social responsibilities towards the Nigerian populace at large in order to have robust democratic governance across all tiers of government. A legal practitioner who adheres to the ethics of his calling is an asset to a vibrant justice sector. In the same vein, the application of legal ethics to judicial conduct is imperative for adherence to rule of law and sound justice system. These are vital tools in the workings of a democratic society. The judge as the arbiter in societal conflicts must be above board. The right procedure and processes for sanctioning a judge must be strictly adhered to. Judges should not be sanctioned at the emergence of a flimsy petition by an aggrieved party who lost out in a legal battle in the courtroom The executive and the legislature has a duty to ensure that the spirit and letters of the 1999 Constitution as amended is strictlyENBAR LAW JOURNAL VOL. 1 NO. 1 adhered to by prompt release of funds to the National Judicial Council for onward disbursement to the appropriate courts. On no account should judges” salaries and allowances be delayed due to the sensitive nature of their judicial functions. When this is done, financial autonomy which remains a key panacea to independence of the judiciary will give hope to the common man. The South African Complaint process against a judge is more detailed and legislated in the Judicial Service Commission ‘Act No of 1994.3 It enhances transparency in the trial of judges for alleged judicial misconduct. In the light of this, I submit that disputes between the NJC and parties should be assigned by the second most senior Justice of the Supreme Court or representatives selected from the Court of Appeal. This is to further strengthen the entire judicial system and restore confidence in the judiciary. This is because appeals lie to the courts in which the heads of these aforementioned heads of courts presides and assigns cases between parties being the chief administrative officers of their various courts. The NJC ought to regulate the appointment of federal judges. I submit very humbly that there is need for the establishment of the State Judicial Council to regulate the appointment of state judicial officers. The oversight function of the NIC over the affairs of the state Judicial Service Commission in a federal constitution appears to me to be a misnomer. It would have been apt to have the NJC if the nation is operating a unitary constitution. It is further recommended that the National Judicial Institute and the Mandatory Continuing Legal Education Institute of the NBA must set out a mechanism for constant reorientation and training of the bench and the bar respectively. These training outfits must emphasise the core values embedded in legal ethics and the dangers its constant violations portends for the sustenance of democratic governance in Nigeria. 38 This is the current legislation which regulates the appointment, promotion and discipline of judicial officers in South Africa. 132i t i 0. B. Akinola, Legal Ethies And The Sustenance Of Democracy In Nigeria a oo The judiciary must therefore tise up to the challenge of sy a n to courageous interpretation of statutes no matter whose ox is gored. ise ca Judicial review must be highly applied in reviewing legislative and scale ied a executive acts. Political cases such as 4.G. Federation y. 4.G. epencens Abia State”? and Ors must be given the right judicial approach in “adve fe the allocation of resources which is a catalyst for conflict in the a Jues ion federation. The court should be prepared for judicial activism even aes fot in electoral disputes against the ruling Party where this will further A thie deepen the tenets of our democratic values. On a final note, | u At the submit that observance of legal ethics is directly Proportional to the ae tives growth of democracy and development in Nigeria a Conclusion is of these Tt could be deciphered from above that legal ethics is the anchor of ss hereon legal Practice and the legal profession. The legal profession is ir valos central to a vibrant rule of law which is the heart beat of democracy “ as a system of government. By inference, legal ethics is an of federal invaluable asset in Sustenance of democracy in Nigeria. The entire ‘a foe ihe legal profession in Nigeria has a cardinal duty to promote the tule gulate the of law in order to dispense justice to all, without fear and favour, stinivof ‘the: and regain the confidence of the people. The profession must tailor aission ina its ethics on focusing on the quality of its members and not the would fave quantity. The addition of legal ethics to rule of law equals a 5 a unitary Sustainable democratic culture for the benefit of the Nigerian a populace. al Judicial on Institute 2orientation 2se training legal ethics ~ | sustenance promotion *° (2002) 27 WRN I.