To apply for the rank of Senior Advocate of Nigeria, Interested applicants (advocate or academic) are required to take the following steps:
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1. 20 final judgments of the High Court or Superior Court of Records provided that in respect of such cases conducted at the High Court or Superior Court of Records, an Applicant shall provide certified true copies of complete record of trial proceedings and processes signed and filed by the Applicant (excluding Exhibits) and a soft copy in at least twelve contested cases from trial stage to judgment, showing that the Applicant as counsel substantially conducted the trial.
In addition, an Applicant shall provide letters of instruction from the client(s) as well as a letter from the Head of Court or Judge that delivered the judgment, confirming/ verifying the Applicant as counsel that conducted the case from trial stage to judgment.
2. 5 final judgments of the Court of Appeal supported by briefs along with valid notices of appeal duly settled and argued by the Applicant.
3. 4 final judgments of the Supreme Court supported by briefs along with valid notices of appeal duly settled and argued by the Applicant; however, where it is manifest that the Applicant himself has conducted the case from the High Court up to the Supreme Court, he will be required to submit 3 final judgments of the Supreme Court supported by Appellant/ Respondent briefs along with valid notices of appeal duly settled at appellate courts and argued at the three tiers of courts.
4. Section 15 (1) provides, “Applicants must submit themselves for income tax payment as and when due; present evidence of income tax receipt/certificate which must be the place of practice domicile for a period of 3 years preceding application.”
5. And under s. 15 (2) “In addition to a valid partnership deed, an Applicant must provide evidence of P.A.Y.E and tax on income of partnership for a period of 3 years preceding application.”
6. Section 17 (1) provides, “The Legal Practitioners’ Privileges Committee shall conduct a physical inspection of the chambers of all Candidates that have made the final qualification list. The chambers inspection is geared towards evaluating the level and quality of the facilities provided in the chambers and shall take into account the—
(a) size and quality of library; (b) quality of office space and other facility equipment available; (c) number of counsel or partners in chambers (with evidence of letters of employment and pension scheme); (d) number and quality of support staff; and (e) maintenance of proper books of accounts.
7. Section 17 (2) “A Candidate should have or be a partner in chambers considered by the Legal Practitioners’ Privileges Committee to have good and up to date facilities including a good quality law library with good working environment. There must be at least five full time legal practitioners’ and other para- legal or support staff in full time salaried employment.
8. For Candidates seeking the title for the academia, section 18 (1) provides, “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 Recognized Institutions.
9. Section 17 (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.
10. Section 9 (3) also provides that “Every candidate shall pay a non-refundable processing fee in the sum of N600, 000.00 (Six hundred thousand naira only) or such other sum as may be determined by the Legal Practitioners’ Privileges Committee.” Notwithstanding the foregoing, any person who had held the title of QC may apply for the rank of SAN and such application will be favourably considered by the Committee and the rank will accordingly be conferred.
11. Outside the requirements outlined above, every applicant for the conferment of the rank of SAN is expected to possess the following basic qualities; good character and reputation, honesty, integrity, sound knowledge of the law and ability.
Nature of the Privilege SAN-ship is a privileged position in the bar. Thus, the LPA provides, pursuant to section 6 (1), that: “All courts of law in Nigeria before which legal practitioners are entitled to appear shall accord to every law officer specified in this section (i.e. SAN) the following rights and privileges, that is to say-
(a) the exclusive right to sit in the inner bar or, where no facilities exist for an inner bar, on the front row of seats available for legal practitioners; and
(b) the right to mention any motion in which he is appearing or any other cause or matter which is on the list for mention and not otherwise listed for hearing out of its turn on the cause list.” Besides, a SAN is entitled to wear the full bottom wig (usually reserved for ceremonial occasions) and a silk gown.
He also has the exclusive right to bear the letters “SAN” immediately after his or her name. A SAN shall not appear as counsel or apply for or issue originating process or any other process from or before a court in any civil case before any superior court of record except with a junior or with another SAN.
A SAN shall also not be engaged or agree to be engaged in drafting any instrument where the appropriate or prescribed fees are less than N400.00. He may, however, draft such instruments free of charge.
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