‘| ie) er <7 PGW TAT OJUKWU UNIVERSITY JOURNAL OF COMMERCIAL AND PROPERTY ee TAT Cm ey aEditorials Head of Department of Commercial and Property Law Assoc. Prof. C.1.N Emelie i Editor in-Chief/ Former Head of Department. Enrightque Okolie LLB (Hons.) BL, LLM,Ph.D, FIPMD. Associate Editor Assoc. Prof. T.C. Eze Assistant Editors: Cas i ~ CC. Ojimba LLB (Hons), BL, LLM Statut®s Editor LI. Onuoha LLB, (Hons) LLM Busing: $ Managers: Hagler Okorie LLB (Hons.) BL, LLM, = Ph.D C.K. Okorie LLB (Hons.) BL, LLM, Ph.D Editorial Board Prof. Greg C. Nwakoby Chairman, Vice Chancellor Chukwuemeka Odumegwu Ojukwu University (formerly Anambra State University) Igbariam Campus, a Anambra State. Prof. P.EO. Oguno Member, Chukwuemeka Odumegwu Ojuk sy University. (formerly Anar: ora State University, Igbariam Campus, Anambra State. Prof. Nkiru J.Obuneme- Okafor Member Chukwuemeka Odumegwu Ojukwu University. (formerly Anambra State University, Igbariam Campus, Anambra State. Prof. S.A.M. Ekwenze Member, Chukwuemeka Odumegwu Ojukwu University Anambra State Prof. U.S.F Nnabue Member, Imo State University Owerri, Imo State Assoc. Prof. Emelie C.1.N Member, Chukwuemeka Odumegwu Ojukwu UniversityTable Of Contents University. This journal is a icatic Publication of t Property Law of Faculty of aw. age and maturity accompani come up with thi edhin s torial Comments I for Papers ard Table of Contents is maiden editi This Department is innablied Securities Regulation In Nigeria: An Appraisal Of The Commercial and property Law, SCM® Of the best minds inf — (iMlAnd tte Presents ae a uM The journal of Commercial and Civil Courts And Mediation In Developing Countries: ‘Transplant Or nditioning, ‘on Uzoechi, LL.B, LL.M, Ph. D Ai Appraisal Of The Legal Propriety Ofsi seedings Kor Recovery Of Land In Nig _ Ansoe, Prof, 7. C. Eze LLB, BL, LLM, Ph. Standards Regulation Fifective Prof. PEO. Oguno Under The Legal Dean, Faculty of L: 1) Issues In Contention \, coou, Yftaw LK, BL, LLM, Hts And Fruits OF Vocational |.czal Hi Problems And Prospects (Hons.), LL.M, Ph.D. LLB, BL, LLM Directors Owe Their Directorial niger and the United Kingdom PhD avec nee Codi on t ial Hana nalts elie The Pa ilality, Privacy On wers/third Ps Ch iii iv vi viii xiAssoc Prof. E.1. Obidimma Assoc. Prof. T.C. Eze Assoc. Prof. C.J, Ubanyionwu ees Assoc. Prof. C. C. Nwabachili Dr Alloy Ojilere Anambra State. . Member, Nnamdi Azikiwe University, Awka Anambra State. Member, Chukwuemeka Odumegwu Ojukwu University, Igbariam Campus, Anambra State. Member, Chukwuemeka Odumegwu Ojukwu University, Igbariam Campus, Anambra State. Member, Chukwuemeka Odumegwu Ojukwu University, lgbariam Campus, Anambra State. » Member, Imo State University Owerri, Imo State.Revisiting The Roots And Fruits Of Vocational Legal Education [ Nigeria‘: Problems And Prospects’ Abstraci Locational training is a vital component of the legal education Nigeria. The question is whether the state of vocational legal educat Jt iy the field of practical impartation of the ethies, values and knowlesic. of haw. This article reviews the roots and fruits this vital component hu produced over the vears, the problems and prospects. The article ends with eecommendalions on various ways in which vocational training cw. be strengthened to deliver qualitative result for consumption by the consumers in the Nigerian legal market and beyond. lntroduction Legal education in Nigeria has a unique history. The Supreme Court Ordinance of 1876 provides that the Chief Justice shall have the power to approve, admit and enroll to practice as Barristers and Solicitors in the Courts such person as shall have been admitted in any of the Courts in London, Dublin and Edinburg.’ According to Ogwurike. as at that time. those who practised as Barristers and Solicitors in Nigerian Court of the English Model had their legal raining abroad.’ Ten years afier the promulgation of the Supreme Court Ordinance of 1876. the first leval practitioner by name William Nash Hamilton was enrolled in Nix from records available.’ The vocational training component of leg education in Nigeria has its roots in the English legal system and education in the 1900s, The colonial administration had to create native methods of resolution of conflicts. The colonial administration has nee for local attorneys to advise the government, draft agreements on commercial and noncommercial transactions and advocate for cases in English-type courts.® There were no structures for formal training of lawyers during the colonial administration. However, the Ordinance made by the colonial government empowered the Chief Justice to appoint qualified persons with basic education and some knowledge of English law and practice as local attorneys with renewable license to practice for six months on the condition that they exhibit good character 1 0.8 Annola. LL 8 (Mons.), LLM, Pn 0. Bamnsier at Law, Senior Lecturer & Acting Head of Department Deparinent of Professional Ethics and Skits, Nigerian Law School, Augustine Nnzman Camus, Asoan Enugu State, Nigeria emoniy akinola@nigenanlawschool edu.ng L Emiong (Mis) Barista at Law, LLM. Senior Leciuter, Ligation and Professional Etnies Desartment Nigenanl.aw School Headquarters, Bwan Abuja ebunpet@yanoo com 3. Supreme Coun Ovainance ot 1876 + Ggwurke © Contemporary LegalEducation in Nigeria, Problems and Solutions in Search Scholarstup (Essaysin Honour of est Oukwu), Abia Stale Universi Law Cente. 2001 p 5 The BarListand Directory 1986-1988 ® Oblade AO. The Nigerian Legal System (Sweet and Manwel, 1979)during the period of legal practice. “Vocational training for lawyers in Nigeria got a solid foundation from the Unsworth Committee recommendations of April, 1959. This is apart from the history of legal profession in Nigeria. Some of the recommendations of the committee were on vocational training component of legal education in Nigeria Some of the recommendations of the Unsworth Committee which bothers on vocational training of lawyers in Nigeria were as follows: is A Law School to be known as the Nigerian Law School should be established in Lagos to provide vocational course for aspirants to the Bar. ii The qualification for admission to legal practice in Nigeria should be a degree in law of any University whose course for the degree is approved by the Council of Legal Education and vocational course prescribed by the Council. iii, Any person graduating in Law from a University which has not accepted the syllabus recommended by Council of Legal Education (CLE) should be registered to take some further examas the Council may prescribe iv. ACouncil of Legal Education should be established A careful look at some of the recommendations above will expose the state of vocational training component of legal education as far back as 1960s and now. Most of the recommendations were accepted and implemented by the government by virtue of eval Pducation Act of rian law Schoo! a and also Legal Practitioners Act 1962. The was set up late 1962 and it ran its first3 months Course for 8 students and ‘ie leeane was ata building acquired by the Council of egal Fduc at 213 Iybosere Street. Lagos from January to April 1903. The graduates who had already been called to bar had to do 1 year course at the first year which started in October 1963. campuses of the Nigerian Law School which now spreads across the six geopolitical zones of Nigeria.’ The population. civilization and increase in the use of technology by the consumers of legal services have also ion The same applies to the number of 7. Alegeh, A, (GAN), Legal Education n Nigeria, Way Foward ' Fity Years of Leg Education in Nigevia~ Challenges and Next Steps Nigerian Law Schoo! 8, PamtIV. Chapter 13, pg 151 af 154 ‘The Federal Government of Nigeria in Apni 1858 appcinted a committee known as Unsworth C chairman of the committee was the Attorney General ofthe Feeration kt members of the Committee were the Solicitor General of the Federation Cameroon angs distinguished legal practtione’s, 9, The Nigerian Law School headquarters row located in Ania the Fegerai Capital Terntory Lagos Cameus in South West. Enugu Campus in Agoani, Enugu State South East. Yenagoa Campus in Yenagoa Sout ‘South, Kano Campusin Bagaude Kano Novth Wes! wie Nerin Easi houses Yole Camauisin Yols Agamawe State 93iereased and this is the reason for a corresponding increase in the number campuses of the Nigerian Law School and the Faculties of Law, the basic question has been the quality of vocational training component > of legal education and how has it fared in the Nigerian Law School for the past 35 years? What are contemporary challenges hedeviling the | Vocational training of lawyers in Nigeria? This article will identify the problems and prospects and make recommendations for improvement of the vocational training component of legal education at the N rian Law School Trends and Dimension of Legal Education ii Nigeria At the University level, the teaching of substantive law which includes legal theories is given the necessary theoretical impartation fora period of live or four academic sessions broken into semesters. Assesemene vt Suidents is done periodically atthe end of each semester and the student is cumulatively graded atthe end of the programme. Inthe words of Karibi_. Whyte ISC. the stident is given a sound background in the theory of law and legal reasoning and examined in the compulsory subjects necessary to equip them in their professional practice." He enthused further that | they are also required fo offer other subjects of their choice Itisonly after a Satisfactory performance in the examination of these subjects is the Student allowed to undertake what is regarded as the practical ot protessional side of his training From February 1886 when William Nash Hamilton was enrolled to 1907 when Wilson Nathaniel B. M took the 29* position on the Roll, only 29 lawyers were produced. In the year 1962, Justice Ohinwerei (of the Middle Temple) became the 1283" lawyer to be enrolled. Between December 1962 when the Nigerian Law School commenced academic acuivities and November 1982. averages of 280 lawyers were called to the Bar per year from a total number of 5598 enrolled within the period. "As of December 2017. there are 55 accredited Faculties of Law and 6 campuses of the Nigerian Law School coupled with an annual vocational training and Call to Bar ofan average of 5,000 lawyers to a population of over 180 million people, the Nigerian Law School needs a clinical dissection of its present state of ethical dilemma. The question remains: What is the teacher ~ student ratio across campuses of the Nigerian Law School tor qualitative voeational impartation? There is distinct difference n SotHon JustceA, 6. Karbi-Whyt2on Jurisprudence Ete by Peters SC. Chapter 2 Profession n Nigeria 296 2083 94ronding increase nd the Faculties of Law onal Uaining componen; "an Law School for the lenges bedeviling the Uticle Will identify the ‘Rs for improvement of, nat the Niverian Law, evia © law which in tation for sters cludes a period of Assessment of and the student is the Words of Karibi 1in the theory oFlayy ¥ subjects necessary ubused trther thay voice. Itis only after &S€ subjects is the * the pre tical or ster “enrolled to 1997 | the Rol}, only 29 Mowerel (oF the Olled. Between “Aced academic “re called to the the period, "245 >t Law and 6 i ual y O¢ational Population of | & © a clinical | “on remaing: | Vigerian Lay Cldifference in the * between the numerical annual production of lawyers and the quality of the products of legal education in Nigeria, There are issues of an ideal teacher ~student ratio for efficient vocational trainingof aspirants to the Bar Field Work on Vocational Legal Edueation Training in Nigeria In May 2018, questionnaire was administered on about 70 law teachers. 20 lawyers and 4 university Law lecturers, Phe essence is to assess the state 0! vocational legal education taining in Nigeria and its effvet on the legal profession and the society at large, This was done with a view 6 generating empirical data to adequately recommend lasting solution towards impros ing vocational legal education waining in Nigeria e On the Data Collation And Analysis From Administered Questionna State Of Vocational Legal Education In Nigeria (Ske TINS wae TT] | | - | TOMAR Tndis Taw oar rer i | sexutional egal education tan | 2 Assessment of he prodiets at agiee 20% Take 1s Haha | h | asmiqnal hewil ecineatien in Nigersar tice vot Gio | YO Shaukh unicersinies te peavey w in vecational Shwukd wmlewadiates wl Law Ref iv —— allowed (0 mderzo externship un 31 | Level and 400] af the University $ Ys a year adoqnnte fy veuattionsl 75 0 uaining at the Nigevian Law School % Should pape meula 0 7 Ate thee adegisme fie inn Law Scbvol far vocational legal education trsininy ‘Should there fe regulation mh the auied | T Will year allow a new wis examine on your behalf upon - I aulinission Wy iucties TO Do sou suppott a toal ovenaul of ao Er i | vocitiown! kal education in Niaciia =a TE Will you support an amenduent to 00 rr cr | Legal Exueation (Consalidauond Act tL 2004 ann In turtherance of the above. the law teachers agree that the number ol yearsspent at the Nigerian Law School is adequate but attention should be © given to the quality of the training. In the same vein, some reasons. advanced for supporting the one session duration at the Nigerian Law’ © School includes: more practical impartation on the students, thes curriculum of the Nigerian Law School is rich enough to train serious v : minded students, proper preparation of students at the undergraduate level. giving more periods to extemship and a‘teacher cannot teach everything. t The questionnaire requires reasons for disallowing a product of vocational legal education to handle a case alone and cross examine a, t witness on behalf of the principal in the first month of admission tor practise law at the High Court, The responses generated includes: lack af! experience_on the part of the new wig, need to understudy a mentor for about six months, need for longer period of pupilage, need to assess the t student first, capacity of the new wig to do so and inadequaey of the training at the Nigerian Law School To the whole. the data collation in table above is to the effect that there isa need to overhaul vocational legal education in Nigeria and bring it in line With international best practice. The situation is not completely out of place or bad but human and infrastructure capacity needs to be improved Would be seen in the recommendations below Phe Problems of Vocational T aining of Legal Education in Nigeria ‘Teaching Methodology : \c the university level. the major mode of teaching is by theoretical | : lecture presentation by the teacher who stay at the podium and dictates notes with explanations to the students who in turn ask questions and t clarifications at the end of the lecture. In some instances, recommended legal literatures are quoted or cited to buttress the topic_under consideration by the teacher. It is a pulpit and pew approach to learning, The mode of tezching. vocational legal education in the Nigerian Law School is similar to what obtains at the University level where substantive law is theoretically imparted. Students memorise academic discourse and fegurgilate it to the teacher,’ Sadly this rote method of teaching is adapted oa large extent at the Nigerian Law School, Rote method of learning refers to the process of learning in which learners are encouraged or induced to keep repeating each point until they are able to internalize that point in their memory. rather than the students being encouraged and xed (o understand the point in the lesson.'' Rote method emphasizes Wwe gov ngNatonal Unis sademic Standards For t , aduate Progranmasin Niger Universiies Law) Api, 2007 accessed 21 May 2018 Ecucation in Nigeria: Rethinking intellectual Foundations and Policy Paradigms 2981 Training and Law Practice Lawand Policy ReviewVol.§ (2013) p 53 atoSpent at the Nigerian Law School is adequate but attention should be given to the quality of the training. In the same vein, some reasons, advanced for supporting the one session duration at the Nigerian Law) School includes: more practical impartation on the students, the curriculum of the Nigerian Law School is rich enough to train serious - = minded students, proper preparation of students al the undergraduate level. giving more periods to externship and a*teacher cannot teach, everything. f | The questionnaire requires reasons. for disallowing a product of vocational legal education to handle a case alone and cross examine a Witness on behalf of the principal in the first month of admission to practise law at the High Court, The responses generated includes: lack of experience, on the part of the new wig. need to understudy a mentor for about six months, need for longer period of pupilage. need to assess the student first, capacity of the new wig to do so and inadequacy of the Uaining at the Nigerian Law School In the Whole, the data collation in table above is to the effect that there isa need to overhaul vocational legal education in Nigeria and bring it in line With international best practice. The situation is not completely out of place or bad but human and infrastructure capacity needs to be improved would be seen in the recommendations helow The Problems of Vocational Training of Legal Education in Nigeria i Teaching Methodology At the university level, the major mode of teaching is by theoretical lure presentation by the teacher who stays at the podium and dictates E t : 5 i aotes with explanations to the students who in turn ask questions and | e clarifications at the end of the lecture. In some instances, recommended legal literatures are quoted or cited to buttress the topic under consideration by the teacher, [tis a pulpit and pew approach to learning The mode of tezching. vocational legal edueation in the Nigerian Law School is similar to what obtains at the University level where substantive Students memorise academic discourse and regurgitate itto the teacher," Sadly this rote method of teaching is adapted to a large extent at the Nigerian Law School. Rote method of learning | refers to the process of learning in which learners are encouraged ot induced to keep repeating each point until they are able to internalize that point in their memory, rather than the students being encouraved and lt understand the point in the lesson,"' Rote method emphasizes laws is theoretically imparted. sion Benchmark Minimum Acacemie Standares For igerian Universities (Law) April, 2007 accessed 21 May 2018 ication in Nigeria Rethinking intellectual Foundations 2nd Policy Paradigrns raining 2nd Law Practica Lawand Policy Review Vol 5 (2013) p.530t83, 96 Aine La | db memorizing through repetition but the fault with this is that memerizins Son does not mean understandir Lay ought to entail practical teachin; ty simulations. role plays, stuns s- weekly or monthly moot tials. Teaching procedurally law is bette ale understood and appreciated in a count setting ich H lawyers Whereas. vocational training through the ase of case studies group tasks. films and audio visual aids ii, Inadequate Teache of The population af our student a 1970s and 1980s cannet be compared t6 what is al Student Ratio 1 pursuit of legal edueation in the 19ncs ainable today acrass othe campuses.of the Nigerian Law School.” For qualitative vocations! to be impaetl there is an urgent need 1 either rex legal trainir students’ intake into the various faculties of law ora geometric inere i the munber of qualitied teachers to train the aspirants to the bar. f number ofexternal examiners should also be review ed upwards for proper Peer review fowards quality assurance. Between 2012 and 2017 academic Sessions. an average of 930 to 1500 students isa Abuja campuses of the Nigerian Law School respectivels The availa number of teachers in Enugu and Abuja campuses af the Nigerian [aw School is an averaze of 10 and 13 respectively. We submit that there cannot be proper monitoring of 950 siudents by 9 avadentic sial¥ who must teach 3 modules without any additional hand of the Nigerian Law School \buja, the 13 teachers are further sadul with the responsibility of teaching the Bar Part i students tor their qualitying examination to be admitted into the Bar Part {I programme This is aside trom conducting examinations and: othe assigned administrative tasks. It is further argued that an average Nigerian | aw School staffis over worked without any enhanced remune: Assuming without conceding that there is adequate renmneration, the dearth of teachers to a daunting and vearning student population will not only be overwhelming but suffoeating.Soroye and Ojo posit that the ratio of teacher to student in the University should be 1:50." Wwe argue that the ratio for vocational legal education should be 1:40 for proper mentoring mitted in the Enugu and AL the headquarters jon in rete % jeionlawschool edu ng accessed 28 May 16 17 Fare mined fom Questionnaire administered onthe acasenic stat ct Nigerian Lave School in tay 2018 18 Soroye, J Ojo, G. Continuing Legal Education in Nigeria in 21° Century Being Presented at the Nigerian Law Teachers Conference held atthe faculty of oy nrcatbe. Keai Stale, Nigeria pubished n Proceedings ofthe 43" Aninal gene Nigerian Association of Law Teachers (NALT].P paper ile University erence oF the :and skill evaluation iii, Inadequate Funding There can be no qualitative vocational taining of aspirants withou proper funding. Facilities such as Moot trials, funding of periodic specia lectures. conducive classrooms for large and small group discussions between the teacher and the students. conducive offices for teachers livable students hostels with wate: are lacking when compared with th constant electricity. i F7 facilities geometric increase in the of student facility ratio at the various campuses of the Nigerian | aw School.’ Poor funding has led to poor lecture delivery on the part of the teacher “In the same vein. research into impactful vocational waining hus been hampered by poor funding. The adjunct examiners engaged during the| portfolio assessment and the judges invited to preside at the Moot trial are} paid to cover their transportation and honorarium. ‘This fund is sourced from the meager resources of the Nigerian Law School, This has 4} negative impact on the system because it affects the quality of vocational} | training given to the students and their practice years as lawyers. iv. Poor Supervision of Mentees by Mentors during Externship In the past, lecturers from the Nigerian Law School pay unscheduled visits for the purpose of ascertaining the attendance and eomp.iance of externs on the field during the Court and Law Office attachment, otherwise known as the externship program. This is no longer the case as! the Nigerian Law School now engages the NBA and court officials as field officers to monitor these students. IL is our view that the courts are buyy with piling workload on a weekly basis. It is a notorious fact tha ind his officials will be too tired in the day to adequately oversee these vast numbers of aspirants. ‘The private legal practitioner saddled with his some courts rise by 4pm or Spm or so soon thereafter. Sue a jd enormous cases from one courtroom to another may not have the time and the resoure s to adequately oversee the activities of the students. Students have had course to call their mentors in the Nigerian Law Schoo! to inform them of the non - exis posted to, Thi ence of the Law firms they are s has been a big challenge considering the fact that there is no on the spot assessment of the state of the Law offices and courts on the} part of the Nigerian Law School officials, This article argues that the original idea of the drafismen of the vocational training curriculum of the 19. Empirical data obiained from the administered questionnaire as stated above Footnoie 17ebove 20 Empirical data obiained from the administered questionnaire as stated above 98Nigerian Law $ hool is to ensure a hitch-free feedback system from the mentées to their respective mentors who are lawyers and lecturers from the Nigerian Law School. Since field inspection isa vital component for vocational legal education, it is argued that having Nigerian Law School lecturers interact with the externs on the field would deepen the practice experience of the externs and reflect in the fruit of the legal profession ‘The few lecturers engaged by the Nigerian Law Schoo! are inadequate to addréss the task of adequately supervising the students before. during and after the externship programme The article finds that the current state of thé externship is a 'see it yourself’ syndrome and not a ‘do it yourself, syndrome. Using the same analogy. can a pilot who enters the cockpitand sees how an aircraft is being flown engage In a commercial flight from the ‘gee it yourself syndrome? The answer is in the negative. Ojukwu agreed with this reasoning when he opined that the attachment of students to law courts and law offices achieves only a limited positive result. He stated further that it is an extension of experiential learning that can only complement other experiential learning methods by way of'do it yourself which presently is lacking in the training programme & Non-Compliance with Professional Ethics There have been instances of non — compliance with ethical requirements onthe part of legal practitioners. Ethics is the spine of the legal profession. ‘This article will state some recent instances where the Legal Practitioners Disciplinary Committee and the Supreme Court hav had to sanction erring legal practitioners. In Charles Okike v. LPDC. the appellant is a legal practitioner Sometimes in 1995, the appellant was briefed by one Mr A. Kaihara, a Japanese and Chief Executive of Kaiyou Systems Inc.. Japan, in respect of a claim against a company. Nabegu& Co. Nigeria Limited of Bello Road, Kano. Suit No. K/118/95 was consequently instituted at the High Court of Kano State. Judgment was given against Nabegu& Co. Nigeria Limited in the sum of N14.500,000.00. whith money was allegedly collected by the appellanton behalfof his client. The total amount received by the appellant on behalf of his said client was N14,500,000.00. As all efforts made by the client to recover the money from the appellant failed. the company therefore sought the assistance of one Alhaji Salisu Mohammed to assist in recov ering the money from the a appellant. To that end, the company gave a powe! of attorney to the said Wa 21 Ernest Ojukwu, Op Citp 6 2 Supra 99AlhajiSalisu Mohammed. Armed with the power of attorney given to him by the foreign company} AlhajiSalisu Mohammed contacted the appellant and demanded for the money he collected on behalf of his said client. The appellant did noj deny receiving the money on behalf of his said client. but he appealed i AlhajiSalisu Mohammed to give him time to source for the money so tha he could pay up the said amount. According to the evidence given at tl hearing before the Legal Practitioners Disciplinary Commit} AlhajiSalisu Mohammed informed the LPDC. jnrer alie. that th appellant had since his appointment as Mr. Kaihara's attorney. paid | him N70,000 out of the total amount the appellant collected on behalf his said client. The AlhajiSalisu Mohammed said further that th} N70.000 was. in fact, paid in three installments. The appellant thereatiel pleaded with AlhajiSalisu Mohammed that he should allow hi (appellant) more time to pay "as he had properties including sell" which would enable him raise the balance of US$123.000. This was the position when AlhajiSalisu Mohammed decided to seek th istance of the Hon. Chief Justice of Nigeria through a petition he sent to the Honourable Chief Justice. The Chief Justice referred the petition tq the Nigerian Bar Association, It is the same petition that was Hnally referred to the LPDC for action. On receipt of the complaint. the LPDG wrote to the appellant inviting him to appear before it. [1 enclosed copied of the petition and other related documents in its possession along with the letter. The appellant received the letter but instead of appearing before the LPDC, he replied by raising objections on various ground} among which is that the procedure adopted by the LPDC was not itl accordance with the rules under which the LPDC took the action again: him. The appellant also queried the validity of the power of attorney issued to AlhajiSalisu Mohammed | The LPDC reacted by informing the appellant in another letter that all his objections were matters the appellant could raise when he appeared before the LPDC. He was then given another date on which he was to appear and present his defence to the allegation made against hin but he still failed to honour the invitation. Consequently. when the appellan refused to honour several invitations sent to him. the LPDC decided te proceed with the matter in his absence in line with its rules, During the hearing before the LPDC, evidence was taken from AthajiSalisy, Mohammed. At the hearing, the LPDC came to the conclusion that the appellant was guilty of professional misconduct. The LPDC ten gave jeratorsi} asi 100 t e \I | | I directions by ordering the registrar to strike the appellant's name off the roll; and ordered the appellant to refund the sum of $123,000 US Dollars to the complainant petitioner. The appellant appealed directly to the Supreme Court from the above decision of te LPDC. The Supreme Court, by a majority of 6 — 1.” assumed jurisdiction and dismissed the appeal. It is my view that the Supreme Court relied on Decree 21 of 1994 in allowing this direct appeal from the LPDC to the Supreme Court. The Supreme Court upheld sections 10 (e) and 11 of Decree No. 21 of 1994 which is still an existing statute. There was a similar occurrence inRorimi Milliams Akintokun LPDC where the client alleged in his petition to the NBA that the appellant committed acts of professional misconduct in that while acting as their solicitor. he deliberately misled them regarding an alleged acquisition of their land by the Lagos State Government. He also failed to carry out his clients! instructions to promptly move against adversaries in respect of the land, He also caused the land to be under surveyed with intent to cheat his clients. On the 4" day of April. 2006. atier completion of hearing. the LPDE delivered its directions in which it directed the Registrar of the Supreme Court to strike off the name of Mr. Rotimi Williams Akintokun from the Roll asa legal practitioner in Nigeria. Dissatisfied. the appellant appealed to the Supreme Court. The Supreme Court ruled that it lacks jurisdiction to hear appeals directly trom the direction of the LPDC. Hence. the case was referred to the Appeal Committee of the Body of Benchers. In the same vein. inJidedhnlejobi y NBA, “the lawyer was arraigned before the L.PDC for conspiring with a tenant of the complainant. and forged the complainant's signature on a lease agreement in respect of the complainant's property situate at No.32, Western Avenue. Suruler 3 with intent to deprive the complainant of the ow nership of the property. The complaint against the appellant before the LPDC reads as follows: "That you Jide Aladejobi. counsel to Alhaji Saliu Gbolagade. on or about the year 2007. conspired with the said A Ihaji Saliu Gbolagade to draft and execute a 10 Years Lease Agreement purportedly on behalf of Mrs. Victoria Akinyele Aliu (the petitioner) in respect of the Petitioner's property situate at No. 52. Western Avenue. Surulere. Lagos with the intent to interfere with the petitioner's ownership rights over the property. all contrary to Rules 24. 28 and 49 (a) and (b) of the Rules of Profe ssional Conduct in the legal profession and section 12 of the Legal practitioners Act,.1990 as amended." The [PDC considered the ev idence placed be foe a Supra 3 Supra 101it and thereafter found the appellant culpable of infamous conduct and directed the Chief Registrar of the Supreme Court to strike off the name of the appellant from the Roll of Legal Practitioners in Nigeria. The appellant felt unhappy with the decision of the Committee and has decided to appeal directly to the Supreme Court. The Supreme Court; however referred the case back to a non = existent Appeal Committee of the Body of Benchers in line with section 12 of the Legal Practitioners Act. | In the three instances cited above, it could be deduced that unethical} practices is being checked by the regulators of the legal profession, The pertinent question is: What makes unethical practices thrive? The answer, is not far-fetched when juxtaposed with the periodic rating of Nigeria as one the most corrupt nations in the World by international orgg nisatiors] such as the Transparency International and others. “Going by the annual} Corruption Perception Index (CPI) by Transparency International among states reviewed by it, the CPT of 21 February, 2018 showed that out ofa score of 100 for no corruption states, Nigeria scored 27. “The fact that lawyers engage in corrupt practices is worrisome. This may be due to the fact that some aspirants study law as a means to an end. The values of honesty. justice and inculcation of sound societal leadership may not be the reason for the pursuit of the Barrister at Law certificate. The motivating factor therefore is not the love for the profession but the fruits} from the profession and to assuage their social status and desires. This} Virus of corruption allegedly prevalent in Nigerian society should not be} allowed to corrupt the root and stems of the legal profession from the} training stage to fruition | i The Problem of Quality of the Aspirants to the Legal Profession | In tracing the roots of the vocational legal education in Nigeria to ripen its fruits for societal enrichment, it is apposite to consider the challenge of the seemingly average quality of the products of legal education in Nigeria. In the words of Hon. Mr. Justice Chukwudifu Oputa (of blessed} memory). | Nowadays students go through the Secondary School | Without doing Mathematics, Geography or the Sciences and | somehow manage to get one certificate or another, with that } i as background they enter a University to read Law. In the 28 tb 102University they may have little or no contact with logic and scientific method or with Philosophy, Economics or any of the Social Sciences. They spend three to four years (now five to six years) and Graduate LL.B. After one year at the Law School, they are called to bar. What will be the horizon of such lawyer?” Alawyer is presumably learned. He ought to bea total man sandwiched by each parchment of knowledge. A lawyer should never be a half-baked citizen. He is a mobile source of knowledge and wisdom to address emerging challenges in the society. This-is because law as a social engineering is dynamic. Another ehannel which affects the root and fruit of the legal profession is the admission process into our tertiary institutions through the Joint Matriculation Board (TAMB), In the past. admission into higher institution of learning is by entrance examination One gets the impression that most of the good students fail JAMB examinations while many who have high scores in the matriculation examination do not justify the scores in the University semester examinations. ! vii, — Inadequate Moot Courts. For the purpose of vocational training, the Moot Court is the laboratory of the advocate in training. Absence of well-furnished Moot Courts is a major challenge to vocational legal education in Nigeria. While we agreed there are a few Moot Courts across the various campuses of the Nigerian Law School, the challenge lies in the number of students being trained per time. A situation where a teacher is assigned 120 students for moot trial i challenging both for the teacher and the students. Proper ventilation cannot be guaranteed where there are about 120 students in a moot trial session, Moot and mock trials are the core of training in civil and criminal litigation. While student groups may rotate the use of the Moot Courts. there is need for more Moot Courts to be built in line with modern vocational training, Video coverage of mock trial should be the basis for assignment of tasks to students. There ought to be instances where the students can freely use their Moot Courts in the absence of their teachers. The teacher reviews the students' activities periodically. The use of every facility in the Courtroom ought to be shown and explained to the students who should not find itscary in legal practice upon enrolment. The Fruits of Vocational Training of Legal Education in Nigeria Legal education in Nigeria has yielded and is still yielding fruits for 38, Hon Mr Josie an inaugural eclure for 1996/97 session of the Law Week of College of Legal Stuces, Imo Stale Unversity Owerrian 28 September, 1907 ChukiwadituO puta, Pubic lechire delivered to students ofthe Nigerian Law School and atersustainable development. Over the years. products yt the Sig Sehool have performed well in all spheres of legal practice. ti government, Bar, Bench, academia, corporate world. diaspora s. the legal profession in Nigeria has not performed eran Lav businesses and othe badly There has heen inereasing demand in the nation and abroad for legal a] serv ives are yeurni services and legal knowledge. Consumers of le for tore in line with international best practices in their various sectors) To this end. while legal education in Nigeria has birthed good ani qualitative professional services. there is room Tor improvement ang capacity building on the part of the regulators © the profession Introduction of continuing legal education in the 21° century by the NBS is a Welcome development. The NBA has created sections on Business] Law, Legal Practice, Public Interest Litigation and & host of others, Thes are [ruits traceable to the root of legal education in Nigeria, They introduction of mandatory continuing professional dey clopment te} lawyers in Nigeria has increased the yearning for know ledge and capaci} bnilding towardsa robust legal service provider | According to Attoh and Anya. the exit of military ane the onset ¢ democracy. the awareness of human rights in the populace has led w increasing demands for legal services and an increase in regulated competition in the legal profession.” There is inerease inv the number ol appointed to the Berteh to man these courts. a courts and lawyers being recent tend is the appointment of lawyers as chairmen of Customary Courts to improve justice delivery at that level, States such as Anambra Fugu. Ebony’ have since adopted this system and have the quality of the judgment delivered improved considerably Reforms in the vocational training of lawyers at the Nigerian Lav School are also one of the fruits of vocational legal education ‘n Nigeria. Coursey offered at the Nigerian Law School such as Criminal Procedure (104 Criminal Litigation), Civil Procedure (now Civil Litigation). Legal a gag ae eT | 30. Rule 11 of the Rules of Professional Conduct for Legal Pracitoners 2007 provides: (1) A lawyet wishes sceany on practice 263 legal practtioner shal participate in and satisty ne requirements ofthe mandatory BSnunuing Protessional Development (CPD) Programme operated by tne Nigerian arAssociation @)_Theaciuiies mneicha lawyers requred to participate forthe purpose atine Sontirung Pratessonal | Development Programm ofthe Nigerian Bar Association shallinciuce | (a) _allendance and pamcization n accredited courses, {B) lectures, seminars, workshops and conferences o 1 lawapprovediny te Nigel (ey denting on the law anc ts practice:n Books or journals end newspapers enarOved oy ne GRIN Be ‘Assoasaiion, (3) Study towards profess.onal qualifications approved by the Nigerian Bar As ) atte! approved means of acquiring legal professional knowiedge and ext $1 Aton N. and Anya, § Funding of Legal Eaucavion in the 21 Teachers Conferen ig State published n Proce Nigerian Association t Law Teachers (NALT) 2 nat Assocaba) iy of Lave Kserian Lav Drafting arid Conveyancing (Now Property Law Practice). Company actice. If Law and Practice (Corporate Law Practice), General Paper (Now diaspor Professional Ethics and Skills) have been redesigned as far back as 2008 performeg and a new curriculum emerged for the vocational training of aspirants to the Bar. ‘The reform also introduced team teaching wherein more than one teacher engages the students per day in the same course and class. Large and small group interactive sessions are observed daily. The new curriculum outlines the activities to be done per day in each course. states the rofessionf> outcomes of the topic under consideration. It is designed in such a way v the NBA that it promotes teacher-student interaction for learning purpose. The new Busines curriculunsis in response to critics of vocational legal education system of ers. Thesef the Nigerian Law School in the past. For instance. Ojukwu believes that eria. Thef though some of the practical subjects are taught in the Law School. they iment fof are taught like any other theoretical subject. He posited further that students of the Law School are exposed a limited study of certain skills like writing, and oral skills but the method of teaching these skills is by dictating notes to students in the class, “The question begging for answer lies in the inadequate number of teachers to the annual geometric growth in students’ population. More private universities are being approved by the Federal Government and most of them are striving to establish Faculty I Capacity onset oj as led to ‘egulated umber off ofLaw. We believe that the Curriculum should be implemented to letters courts. AP Adequate humanand material resources where deployed will improve the istomary— standard vocational legal education in Nigeria, One of the vision cnambra,f statement of the Nigerian Law School as stated in the new Curriculum of ity of thef the School states: To maintain vocational training and capacity building for lawyers to be intellectually and professionally effective tor meeting global challenges and ethical valves. In the same vein. the firstand second slatements in the Mission Statementof the Nigerian Law School provide v Schoo! Courses re(nowf |... To educate and train law graduates in vocational skills that would ), Legal enable them function optimally as barristers and solicitors: anervep 2 Toadoptskills-based. interactive and clinical methods of lea ning a that would adequately prepare the graduates for their roles as fen lawyers to fiinetion as teachers. advocates. and solicitors. sional advisers.leaders in private enterprise and public service: Acarefill perusal of the highlighted seope of the curriculum reveals that impartation of vocational skills is cardinal to both statements. We submit {cation m Nigena Essays in Honour ot Honourable Justice 2 Emest Oulwu. ‘ob, Florence &Lambard (Nig) Lid, 2006). 249 at ants = Whyte, edited by h 105that there should he the necessary political will to enatsle this curriculum to have alasting effect for sustainable development in the legal profession. In the School of Practical | egal Training (SPLL of South Aftica. the aim of the SPE T was stated to be that practical training isthe acquisition of: 11 practical oriented knowledge of the attorney's practice | } t i F procedures legal skills required ofa competent candidate attorney the development of autitudes required for the handlin problems af Leva and the representation ofelients The goals for vocational training of persons aspiring tw be ealled to the Bar seem lofly but the extent of implementation is what matters, | he new curriculum operative at the Nigerian Law School has embedded in ita robust induction programme where upon registration: the school ealenda is structured in such a way that a week or io Weeks are reserved for] proper induction of the new student. At the induction p student aeclimatises with what ison Special lectures on the le, library and ICT amine. the ‘ound at the Nigerian Lays School al profession, health and safety issues. use of facilities, recreational and religious facilities, mode of teaching. code of conduct. introduction of academic and noi academic! staff and an overview of the calendar. The new curriculum also prov ides for oral examination otherwise called the ‘portioho assessment’ Before the portfolio assessment is conducted. a workshop is organized for the students in each campus immediately before their externship programme , to prepare their minds on the expectations and the expected feedbacks! from them. The workshop bothers on submission of a portfolio: Content! of a portfolio: Presentation of a portfolio through power point slides/projectors: Criteria for scoring a portfolio: Code of conduct for the placement. The teacher presents guidelines for entering activities in a log book and writing reflective reports. Students carry out a mack exercise by entering activities in a log book and writing reflective reports. The portfolio assessment is an evaluation method in which the extern gives! feedback to the Nigerian Law School in an individually — presented oral) examination. The modality for the examination is that upon resumption from the Courts and Law offices attachment programme. About a week or nwo weeks are reserved in the Schoo! calendar for the portlatio sment, Each studentis aware of his date of oral examination but not aware of the panel of examiners until the miorning of the exercise. A panel Ernest Qwukwu, Crises in Legal Education in Nigtia Essays in Honaur of Hono. abieNlustice Whyte edited by Niki Tobi Florence BLambara (Nig) Lid. 2008) 249 at 2 106 ofminimur School wh the magist: 5 years att laptop tor contain a externship independer Nigerian 1 school curt Law oftice form of fil observed it portfolio at the portfol acquired by thatastude the Bar tho where stuc examinatio programs externship vocational In terms of School. sin students ¥ dramatical increased. the Counc Conference: Nigerian L the first ba curriculur opposed to this exercis The Prospofminimum of two lawyers on € of whom isa lecturer in the Nigerian Law School who is the head of the panel and an external examiner from either the magistracy. the academia ora Private legal practitioner of nat less than 5 years at the Bar. The table for student is set facing the panel with his laptop tor ion with the use of slides which ‘Ss experiential learning during the of the panelist grades the student heet provided by the Management of the The grading template which is contained in the school curriculum assesses activities such as attendance at both court and Lawottice by the extern. ev idence that the student engaged in real work in form of filling of the log books writing reflection on the activities observed in the field per day. the usefulness of the documents in the Portfolio and personal etforts of the student towards drafting documents the portfolio presentation skill. knowle ge values and other skills acquired by the extern in the field The effeetofthe Portfolio assessmentis thata student has to pass the oral examination before he could be called to the Bar though he passed the Bar Part If examination, Theve are instances where students fail the oral examination and passed the Bar Part I examination and denied the call to his power point presentat contain a summary of the student's externship programme. Fach independently on a score s Nigerian Law School har until the entire externship Programme is repeated by the student. We submit that deepening the - &stemnship programme of the Nigerian Law School is visible fruit Vocational lewal education in Nigeria. Interms of improved quality of lawyers produced by the Nigerian Law School. since the advent of the new curriculum. the percentage number of students who passed the Bar Part Ile: amination has increased dramatically. The number of prize winners and First Class grades has also increased. In the last call to Bar ceremonies of the Body of Benchers and the Council of Legal Education which held at the International Conterence Centre, Abuja. 29 students across the arious canypuses of the Nigerian Law Schoo! made First Class grade. According to Badejogbin, the first batch of students to benefit from the implementation of this new curriculum recorded a 79. 99% pass at the Bar finals examinations as Opposed to the performance of the Previous sets who did not benefit from thisexercise."" The Prospects of Voe al Training of | i ntor al Education in Nigeria 34. Badeiogbin, R Reforming Lepal Issuesin Nigerian Law Essays ‘ueationin Nigeria: The Nigerian Law School Experience Topical BAdegake, O A. Ben Osetela Pubs ancnour of Hon Justice SK Ota, edied by Ossirold, § A ications, Abuja, 2011,p 788 at215| | | | it~ hm Y Ly x ‘ = | In all spheres of legal practice in Nigeria, the country is biessed with | experienced mentors who should formally and informally impart the mentees with knowledge. skill and value culminating into the growth of the profession, Nigeria is blessed with vast number of experienced legal practitioners across various fields of legal practice and business. Since vocational legal education component is not limited to the formal training in the classroom, the pool of mentors should be structured in such a way that there will be continuous impartation of values and traditions of the legal profession in the upcoming legal practitioners, Whether in the Bench, Bar, academia, corporate sector and other spheres of legal practice. the Nigerian Law Schoo] has enough mentors to help shape the | future of vocational training of lawyers in Nigeria. | ii. Production of Robust Alumni Association Over the years. all lawyers who graduated rom the Ni are alumni of the Nigerian Law School Therefore. the School has better prospects to engage the professional and resources of her alumni association for the betterment of the Nigerian Law School The Alumni of the Nigerian Law School is an asset te both human and infrastructural developmentof the School, This isa goldmine waiting for exploration. Dependence on internally generated revenue through student levies and meager subventions trom the Federel Gevernment has put a seismographic seal across the mining face of the Nigerian Law} School towards digging from the abundance of the alumni resources at her disposal. Among the products of the Nigerian Law School are lawyers in diaspora, Justices of all courts in Nigeria, all Senior Advocates of Nigeria, players in the corporate sector. professors and top evel) academics. private legal practitioners and businessmen. A well-! structured alumni system is a fruit of Vocational training rendered by the} Nigerian Law Schoo! ' erian Law School iyerian Law wat! iii, Introduction of the Clin Clinical legal education preaches interactive teachir methodolowy wherein the teacher and the students partake in the teaching, Where encouraged. this method enables @ robust interaction between teacher and his students especially whete the teacher ~ student ratio is presumably 1-40. This will enhance the monitoring of each Suident by the teacher Bad character waits are noticed earlier and checkmated betore it spreads its vitus and corrupt the image of the eal Legal Education Component This is a teaching 108 profes: allayir uponb be strie throug studer conve mock emple exper vocat broad as apy the le: Reco Educ iprofession at large. Skills are directly inculcated into the students thereby allaying the fear of cancellation of compulsory pupillage in legal practice upon being called to the Bar. Teachings at the Nigerian Law School should be strictly practical. A student should be made to work like an apprentice. through the draft of documents. simulations, filing of court processes by student — appointed registrars in the moot courts registration of conveyance and other instrument of transfer of title documents in the mock land reg'stries. The Nigerian Law School should be able to feed employers with ready made products upon employment. Though all the experiences cannot be acquired from the Nigerian Law School. but the vocational training component of legal education in Nigeria should be broadened to prepare lawyers for the immediate market and not learners as apprentice on the field. We should not graduate pilots who cannot fly the least aircraft upon certification. . Recommendations for enhanced Qualitative Vocational Legal Education i It is mandatory that the legal education service providers must engender practical impact on aspirants to the Bar. the various legal skills such as advocacy. drafting. communication. research and the use of infarmation and communication technology (ICT) in their training. The curriculum of the Nigerian Law School should be subjected to periodic review in line with international best practice for vocational training of lawyers. Over — subscription of the admission quota by most law faculties is the present trend. Asa result, facilities across the campuses of the Nigerian Law School are over stretched. The quality of the pre —legal education training of potential law students calls for a careful analysis within substantive and procedural law perspectives. The extent to which practical training aspect of legal education has imparted on the ethics of a lawyer calls for a discourse. Measures toward quality contro! of legal training are vital. Facilities. personnel. funding and insatiable demand for legal education by the citizens are critical factors to be considered. ii, There should be geometric increase in Teacher ~ Students Ratio (TSR). Trained and competent law teachers should be employed 109iii iv. Xi Vili lo deliver improved training at the N eran Law School Improved funding through increased budgetary allocation to the Nigerian Law School by the Federal Government Use of alumni finds to properly fund vocational waining oi aspirants to the Bar. Use of Field Reports from Legal Service Consumers through thet use of questionnaires should be developed. Uhis will enable the| vocational | al education trainer know whut Lo improve and impart on the aspirants to the bar Creation of Legal dueation Trust Fund throtsh ‘herein 1 of the annual profit of a rm whose prineipal is a Senior Advocate of Nigeria should be channetel into funding socational legal education in the various campuses af the Nie Law Schoel The offigial journal of the Nigeran Law School whieh is the Nigerian Law and Practice Journal should be a repository at practice issues. Developments in substantive law should be Published in the Universities’ scholarly Journals. This will deepen research and focus on means of improving voeational | education. Grading and introduction of skills-based practical examination Proper psychological evaluation and provision of guidance and counseling units at the Nigerian Law School to enable psychologists interact with and prepare the students for the market. Courses on advocacy or solicitor should be practically infused into the students based on their choice. Principles of confidence building in executing assigned tasks should be taught by way of practical lectures by the psychologists or a law teacher specially trained in this respect 110 t i l |