The entity known as Nigeria today got its independence in 1960. Before its independence, it was amalgamated in 1914 bringing the Northern, Eastern and Southern protectorates under a central control by then Lord Lugard. Before the coming of colonialism to Nigeria, the peoples of Nigeria had their different practices in the application of law and justice to the various followers of different kingdoms, empires and dynasties with the Northern part of Nigeria having the most organized system of practice in the administration of law and justice. It (the North) then had the Maliki school which dispensed justice on its subject.
Nigeria today practices widely what we call the received English law which we received from our colonialist by virtue of our customary laws. This law was introduced into Nigeria in 1863 through the southern protectorates of Nigeria (Lagos) where English courts were built and matters were brought before it for the administration of justice. These courts needed judges and advocates to be effectively ran. Without going into further details as to judges and advocates, I will want us to look at the various important steps to be taken by anybody who intends to become a legal practitioner and senior advocate of Nigeria under the Nigerian legal system.
Five credits compulsory requirement:
For any person intending to become a legal practitioner under the Nigerian legal system, he/she has to have the compulsory five credits at O level examinations (WAEC, NECO which could be taken internally or externally) which includes English language, Mathematics, Christian or Islamic religious knowledge, History or government and Literature studies. Without these five subjects mentioned at O level, it will be impossible to be admitted into any university both in Nigeria and abroad to study law if the candidate is of Nigerian decent.
Acquisition of LLB (bachelor of law) certificate:
after a person intending to become a legal practitioner in Nigeria must have satisfied the constituted authorities of his/her university of choice with the statutory O level results and has successfully gained an admission to study law, he/she will be enrolled to study the course for a period of ten semesters (five years) as the case is with all Nigerian federal and state owned universities, and privately owned universities. And as for foreign universities, a period of eight to nine semester (three to four years) as the case may be depending on the university of choice of the student.
The person intending to become a legal practitioner is exposed to a series of carefully crafted courses to make up his/her curriculum during his period of study. These courses are necessary for the award of the honor of the LLB degree certificate. Some of These courses include the law of contract, legal methods, law torts, commercial law, law of equity, law of jurisprudence,company law, criminal and civil laws and procedures, international law, human right and humanitarian law, legal system and a host of others designed to take a student round the law encyclopedia. After the period of study, the student is awarded with the Bachelor of law degree (LLB).
Call to Bar:
Upon graduation from the university and after the award of LLB certificate, any person intending to become a legal practitioner MUST attend the Nigerian law School to be able to practice law in Nigeria. The law school is a unified system of legal education set up to give intending lawyers a vocational training for the period of nine to ten months (Bar part two) for those who studied in the country, and twelve months (Bar part one and two) for those who studied law outside the shores of Nigeria. The Nigerian law school is a product of the council for legal education, a parent body that oversees the activities of the law school and also the body that brought the law school into existence through its Act in 1962.
upon a successful completion of the Nigerian law school which it's activities involve three months of course work (for both bar part one and two), three months of Court attachment and three months of chamber attachment with an exam taken at the end of the programme, which are all set up to give a student firsthand experience of the practical aspect of the legal world, the student is awarded with the certificate of "call to bar" as an Advocate and solicitor of the supreme court of Nigeria by the body of benchers. The (now) legal practitioner is expected to tender this certificate of call to bar to the registrar of the Supreme Court for enrollment and registration into the Nigeria Bar Association (NBA).
With the aforementioned steps, a person intending to become a legal practitioner in Nigeria can become a legal practitioner in Nigeria. Once called to the bar, a legal practitioner can decide to take to "official bar" or "unofficial bar". What these means is that lawyers who take to "official bar" are lawyers who work for the government, they are employees of the government and represent government's interests strictly. They don't practice law privately neither do they own private chambers or represent independent clients of their choice. They only advocate and defend the interest of the government be it at state or federal levels, these set of lawyers can be found in the ministry of justice of both state and federal levels. They usually are employed from the rank of state counsel and rise through the ranks to as high as permanent secretary, solicitor general or Attorney general of the state, and solicitor general or Attorney General of the Federation.
Legal practitioners who take to "unofficial Bar" are lawyers who are into private practice and are not employed by the government; they run their own law firms and represent independent client's interest. They also can represent government's interest in court only if they have obtained what is a called a "fiat" (some sort of permission given by government to independnt advocates). These set of lawyers are the lawyers who rise to the title of Senior Advocate of Nigeria (SAN) after some stipulated years of experience alongside some requirements. Also, a lawyer who has taken to "unofficial bar" has the options of taking to advocacy or soliciting. Solicitors are legal practitioners who don't represent the interest of their clients in court themselves (advocate), they are lawyers who advice advocates on necessary steps to be taken concerning a matter, draft agreements, wills and documents for business corporations etc.
SENIOR ADVOCATE OF NIGERIA (SAN)
The title of Senior Advocate of Nigeria (SAN) is a title bestowed upon legal practitioners who have attained the zenith of their carriers by achieving certain requirements and standards in the Nigerian legal system, it is an equivalent of the Queen's Counsel (QC) in the United Kingdom which used to be bestowed upon legal practitioners who were worthy of the title before the invention of the title of SAN.
For a person to rise to such an exalted position of SAN, there are certain criteria that has to be met. These criteria are as mentioned below;
Any person seeking to become a Senior Advocate of Nigeria must have pursued and won at least six recent contentious cases at the Supreme Court of Nigeria.
He must have won six recent and contentious cases at the court of appeal.
He must have won cases at the State high and federal high courts.
He must own a proper law firm housing a library and sufficient offices for staff.
He must have not less than two legal practitioners under his firm.
He must own a house of his own.
He must have been in legal practice for not less than ten to fifteen uninterrupted years.
He must have paid his legal practicing fee and must be up to date as of the time of his application for Senior Advocate of Nigeria.
He must be of unquestionable character and be a responsible person.
RIGHTS/PRIVILEGES ENJOYED BY A SENIOR ADVOCATE OF NIGERIA
A Senior Advocate of Nigeria is entitled to certain privileges in the Nigerian legal system. These rights and privileges are;
A Senior Advocate of Nigeria is entitled to having his matter in court heard before any other matters before his so far they are that of an advocate of lesser caliber.
A Senior Advocate of Nigeria is entitled to the front seat in the court during any proceeding, which he shall not share the seat with other lawyers of lower caliber. No matter the time of entry by any such legal practitioner.
A Senior Advocate of Nigeria puts on a silk gown as compared to the regular gowns put on by other legal practitioners of lower caliber.
with the above aforementioned steps and qualifications, any person can become a legal practitioner and Senior Advocate of Nigeria under the Nigerian legal system.
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