“2018 LPPC Rules Don’t Make SAN Rank Exclusive To Lawyers In Practice” — Prof. Paul Idornigie SAN

*Says Award Of SAN Title Is At The Exclusive Discretion Of LPPC
*Says Paragraph 18 Of 2018 Guidelines Allows For Award Of Rank To Academics

A Senior Advocate of Nigeria, Prof. Paul Idornigie has lent his voice to the ongoing conversation on the propriety of conferring the SAN title on Academics.

Some SANs, particularly spearheaded by Human Rights activist, Ebun-Olu Adegboruwa SAN and J.S Okutepa SAN have strongly argued in the last 24 to 48 hours on different fora that the award of the prestigious rank of Senior Advocate of Nigeria should be exclusively left for Trial Advocates. They made this argument relying on the 2018 rules of the Legal Practitioners Privileges Committee made in furtherance to the Legal Practitioners Act.

A number of Academics on the other hand have countered their position, with Former Deputy DG of the Nigerian Law School, Prof. Ernest Ojukwu SAN insisting that the Legal Practitioners Act and the 2018 rules do not contemplate any distinction between Trial Advocates and Academics.

Lending his support to Ojukwu’s stance, Prof. Idornigie SAN argued that the 2018 rules must be read in entirety saying Okutepa’s School of thought ignored Paragraph 18 of the said Rules which deals with Award of Academics.

He said, “I found that the discussions on the 2018 Guidelines stopped at paragraph 17 of the 2018 Rules. Paragraph 18 of the Rules (which is the next paragraph to paragraph 17) deals with ‘Award of Academics’ and provides thus: “(1) In any given year the Legal Practitioners’ Privileges Committee may in appropriate circumstances appoint an academic who has distinguished himself and has made substantial contribution to legal scholarship and jurisprudence through teaching, research and published works in any Nigerian University, Research Institute, Nigerian Law School and other Recognised Institutions; (2) An applicant for the award of Senior Advocate of Nigeria under this category shall furnish at least 15 copies of his published works to the Legal Practitioners’ Privileges Committee along with his application; (3) In the light of the above provisions, in paragraph 21(1) and (2) the Applicant (sic) published works or books shall be by a reputable publisher, whose reputation shall be assessed and determined by the academic sub-committee; the Applicant shall also show substantial contribution to legal scholarship and jurisprudence through teaching, research and published works in any Nigerian University, Research Institute, Nigerian Law School and other Recognised Institutions; (4) An Applicant under this category must present – (a) evidence of supervision of students, mentorship and leadership qualities along with his application form; (b) references from at least three professors of Law (with not less than ten years experience as a Professor who must be resident in Nigeria); evidence of having paid consistently as and when due his National practising fees and Local Bar dues in the 5 years preceding his application. (5) Every application for the award of the rank on the ground of academic distinction shall be subject to evaluation by an academic sub-committee comprised of (a) a Justice of the Supreme Court who shall be the Chairman; (b) two members of the Legal Practitioners’ Privileges Committee, one of whom must be an academic; (c) Three law professors from renowned Nigerian Universities.”

He further referred to Paragraph 19 which states that all application forms received under the academic category shall be forwarded to the academic sub-committee which shall meet to conduct a pre-qualification filter before review of qualified Applicants’ published works or books.

He added, “Lastly paragraph 20 of the Guidelines provides that “the list of academics that have scaled the pre-qualification filter shall be published along with successful advocates that have scaled the first and second filters or (sic) such other date as the Legal Practitioners’ Privileges Committee may direct.”

He submitted that with respect to the aforementioned paragraphs of the 2018 rules, the award of Silk is not an exclusive preserve of courtroom lawyers.
“With due respect, therefore, I do not think that the 2018 Rules make the award of the rank of SAN an exclusive preserve of legal practitioners who are in full time legal practice only. I would like to add that the Committee that awards the rank is known as ‘Legal Practitioners’ Privileges Committee’. It is a privilege, not a right. In any given year, the Legal Practitioners’ Privileges Committee “may in appropriate circumstances appoint an academic……” The award of the rank is at the discretion of the Legal Practitioners’ Privileges Committee. As Legal Practitioners, whether in practice or academics, we know ourselves and our standing in the legal profession” He concluded.