The requirement for newly cleared Senior Advocates of Nigeria (SAN) to undergo security screenings by the Department of State Services (DSS) is not a new practice. The rules, instituted in 2022 by former Chief Justice Olukayode Ariwoola, have guided SAN conferments for 2022, 2023, and 2024.

According to the guidelines, the process is routine and intended to safeguard the integrity of the profession. The law grants the DSS, alongside the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC), the authority to conduct checks on shortlisted candidates.

The procedure begins with the publication of candidates who have passed the first and second filters, as well as reviews of their published works and law office inspections, in national dailies or other media prescribed by the Legal Practitioners Privileges Committee (LPPC). The list is also circulated confidentially to the Chief Justice of Nigeria, Justices of the Supreme Court and Court of Appeal, state Chief Judges, the Attorney-General of the Federation, and the Nigerian Bar Association (NBA), which are requested to comment on the candidates’ integrity, competence, and reputation.

The shortlist is then forwarded to the DSS, EFCC, and ICPC for confidential reports within 21 days regarding whether any candidate has been the subject of petitions, investigations, prosecutions, or convictions. Complaints must be filed in writing within the same 21-day period and accompanied by affidavits or verifying documents. Candidates receive copies of complaints and have seven days to respond.

The LPPC ensures that complaints are assessed either by sub-committees or through candidate interviews, with findings submitted for a plenary decision. The final stage of selection may also include oral interviews and, where appropriate, written tests to verify information provided and assess competence.

A source within the Legal Practitioners Privileges Committee (LPPC) told TheNigeriaLawyer that the screening process has been a statutory requirement for four years, designed to ensure transparency, credibility, and professionalism in the conferment of the SAN rank. The source noted that critics who recently opposed the practice have been reminded that it has been in place for years and aligns with the established rules governing judicial and professional appointments in Nigeria.

The source further expressed surprise that some lawyers claim they were unaware of the process, pointing out that the then NBA President is a member of the LPPC and received notice to that effect. He questioned why members were not informed of the requirement before the rules were implemented. When asked whether this notice was publicly published in the media, he confirmed that it was, but could not immediately provide the date, saying he would check and follow up.

However, the source added that if the Bar and Bench collectively agree to remove the requirement, it could be done, provided there is a well-justified reason for doing so.

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