POTENTIAL BENEFITS OF THE NIGERIAN LAW SOCIETY (NLS) TO THE
CITIZENS, LEGAL PROFESSION, AND JUSTICE SYSTEM OF NIGERIA:
- What are the benefits accruable to the nation and people of Nigeria as a result of the
advent of the new body?
i) increased number of lawyers for delivery of legal services for DECONGESTION of
Courts, Prisons and Custodial Centers the Administration of Criminal Justice Act, 2015,
it is a mandatory requirement for professional Association of lawyers to undertake
monthly visits to police detention centres, and other custodial places such as the EFCC,
ICPC, DSS, magistrate courts, Nigerian Correctional Services, etc. This is required to
help facilitate decongestion of court dockets, prisons and Custodial Centers wherein
over 70% of inmates are awaiting trial. The signing of the Order by the President will
give legitimate backing to the Nigerian Law Society to support the efforts at
decongestion of courts and custodial places within Nigeria.
(ii) Contribution to legal aid services in Nigeria. The Legal Aid Council of Nigeria Act,
2011 is restricted to providing legal aid services to indigent Nigerians in cases of
criminal laws alone. The assent of the President to the Order to empower the Nigerian
Law Society (NLS) will provide legal backing to members of the NLS to provide pro
bono legal services to over 61 million Nigerians whom it is reported are unable to
access legal services to resolve their legal disputes (according to the 2023 report of the
Hague Institute for Innovations in Law-HIIL). - What are the benefits accruable to the legal profession and justice system in Nigeria?
It is reported that Nigeria has about 200,000 lawyers. However, the Nigerian Bar
Association (NBA) is unable to respond to the professional needs of all these lawyers.
For example, as at August 2024, over 70% of Nigerian lawyers who paid the NBA for
official stamps and seals are yet to receive them. Therefore, it is necessary for the
President to sign the Order to empower the Nigerian Law Society (NLS) to provide an
alternative professional Association for lawyers so that Nigerian lawyers can have
access to stamps and seals which are tools of their trade which they need to affix on
every document that they author. Also, in the United States of America, Canada,
Namibia and South Africa, it is a common practice for the government to allow the
operations of more than one professional Association for lawyers.
The justice system of Nigeria will also benefit when His Excellency, Mr President signs
the Order for the Nigerian Law Society (NLS) which will give legitimacy to its operations.
For example, the majority of Nigerian judges are always complaining about the quality
of both written and oral advocacy submitted by lawyers. They blame the lack of
implementation of a mandatory continuing legal education by the NBA. The Nigerian
Law Society (NLS) will seek to address this problem by enforcement of a mandatory
continuing legal education programme amongst its members. - Why do you think the FG should issue an executive order with respect to a private
initiative?
Since the enactment of the Federal Competition and Consumer Protection Commission
Act, 2018, it is now the role of the Federal Government of Nigeria to intervene in private
affairs of stakeholders within any sector of the economy to prevent a situation wherein
one stakeholder becomes a monopoly. The logic is that it is the duty of the Federal
Government of Nigeria to create a level playing field. This is relevant to attract investors.
Therefore, the proposed Order pursuant to Section 88 of the Federal Competition and Consumer Protection Commission Act, 2018 seeks to prevent a monopoly by the NBA of legal services within Nigeria. - The NBA has statutory representation in hundreds of government agencies. How will
your proposal manage the situation? The Acts establishing these agencies clearly state
_”one representative from the Nigerian Bar Association”-We prefer to take it one step at
a time. After His Excellency, Mr President signs the Order and it is published in the
Gazette of the Federal Republic of Nigeria, and the Nigerian Law Society (NLS)
commences operations, we shall compile a list of all these relevant legislation wherein
there is a requirement for NBA representative and submit to His Excellency, Mr
President through the Hon. Attorney-General of the Federation for onward submission
to the National Assembly as an Executive Bill.