(a personal legal opinion)

Gentlemen, it is a burden I have to bear here with serenity, on this WhatsApp platform, to which I belong, that any time the Law School or vocational legal education, especially in the Nigerian Law School is up for discussion, some persons expect me to shed light on some issues, since I happen to be an insider who also finds himself as a member of this forum where matters and discussions about law, legal profession, legal education, legal system and the judicature usually take the front burner. Some people here expect me to react to any and everything affecting the institution with which I work. Indeed, some have specifically called me out on this Kay Bello matter, on this platform – “LEGAL MINDS.”  However, I consider myself to be in a bit of a fix, a huge dilemma, for three major reasons:

  • I am not the spokesperson of the Council of Legal Education (CLE), the defendant in the suit, and
  • I am afraid to say anything, as some, if not many, may see me as an interested person in the matter since; hence, any view I offer, however OBJECTIVE or FAIR-MINDED, may be seen as that of a person who has some interest to serve.

Yet, I recognize the need to call a spade by its true name. Aside from this,  when I look at some reactions from some people on the entire scenario, and how strongly they feel about the matter, and I specifically having read most news reports on the alleged ex parte court order, particularly an anonymous report on www.thenigerialawyer.com, on 14 August 2017, the contents of which are devoted solely to denouncing the CLE, condemning the Nigerian Law School, and even deprecating Nigerian Law School teachers, all for for what the report described as their “disobedience of a court order,” I feel myself that I should, again, offer a STRICTLY PERSONAL legal OPINION (to which I suppose I am entitled by virtue of the provisions of Rule 42 of the Rules of Professional Conduct (RPC), 2007, among other rules of law, etc.) with a view to separating facts from fiction and clearing doubts that may mislead the innocent public. Meanwhile, Sahara reporters had earlier, on 11 August 2017, reported that Nigerian Law School shunned a court order: see http://saharareporters.com/2017/08/11/nigerian-law-school-shuns-court-order-prevents-kayode-bello-registering-final-examination.

I have now seen the ex parte order of the Federal High Court in Suit No: FHC/ABJ/CS/717/2017, where the applicant, Kayode Bello, had prayed the Court for certain reliefs vide a Motion Ex Parte dated and filed the on August 09, 2017. As widely reported in the online news media, from 11 August 2017, up to 14 August 2017, the Federal High Court, Abuja, presided over by his Lordship, Hon Justice Dimgba Igwe, after hearing the Motion Ex Parte, had ordered as follows:

  • that suit be heard during the 2017 vacation of Federal High Court;
  • that the applicant be permitted (by the Nigerian law school) to write his final Bar examination at the Nigerian Law School, Abuja Campus as a legally admitted Law School Student pending the hearing of the originating motion on notice in the suit; and
  • that the matter stood adjourned to the 18 August 2017 for hearing.

What is worrisome, and which makes this personal legal opinion necessary, is the said news report published on www.thenigerialawyer.com, on Monday, August 14, 2017, titled “KAYODE BELLO VS NIGERIAN LAW SCHOOL: COUNCIL OF LEGAL EDUCATION’S FAILURE TO OBEY COURT ORDER AMOUNTS TO CONTEMPT.” While this present writer`s intentions herein are not to do a rejoinder to that news report, this writer would like to start by reproducing a portion of that online news report, as it is necessary to clearly illustrate the point I have set out to make here:

“it is only expected that the applicant, Kayode Bello be allowed to write his exam in total obedience of the court order. But contrary to what is reasonably expected, the Council of Legal Education disobeyed the court order by refusing the applicant to write his bar examination. This is not only bad, but incurably bad because this contempt is committed not by any other body but the Council of Legal Education…. it is only expected that it live by example. But this is not the case as the Council openly disobeyed the order given by the court. The question then is: What is the council of legal education teaching the students of the Nigerian Law School? What precedent is it leaving behind for the public at large? How can a body that ought to teach the rule of law fail to practice what it actually professes to preach every single day? It is a very big shame. It is a shame that the Council with all its wisdom could fall into this little test.” (see https://thenigerialawyer.com/kayode-bello-vs-nigerian-law-school-council-of-legal-educations-failure-to-obey-court-order-amounts-to-contempt/, accessed on 14/08/2017).

As seen above, the said report drips with anger and deep repulsion against both the Nigerian Law school and its parent body, the Council of Legal Education for allegedly “disobeying” a court order. Indeed, the reports ends its vituperations on the following sad note:

This is not about Kayode Bello, IT IS ABOUT SAVING THE LEGAL PROFESSION FROM THOSE WHO CANNOT STAND THE TEST OF THE LAW THEY TEACH”

Let me now state categorically that I have read all available reports, I have seen the order, I have weighed all I have read and heard and seen against provisions of extant Nigerian Laws on contempt and disobedience of court orders, and I have come to the conclusion that as today, August 14, 2017, neither the Nigerian Law School, its Lecturers, nor the Council of Legal Education has violated any court order in respect of the Kayode Bello matter. Kindly let me explain and illustrate this point. Mr Kayode Bello was expelled by the CLE, sometime during the third week of July 2017, or thereabouts, on allegations of some misconduct (this is not the focus of this opinion). Thereafter, Bar Final Exams for the 2016/2017 academic session began on 29 July 2017. These examinations usually last six days. One paper (the first) was taken on 29 July 2017. The next paper which is the SECOND PAPER is scheduled to be taken on Tuesday, 15 August 2017. The exams would then continue every day until August 19, 2017 when the final paper (Professional Ethics & Skills) would be taken.

Now, the ex parte order said to have directed Mr Kayode Bello to join in sitting for the examinations was reportedly given on August 09, 2017 following a Motion ex parte dated and filed the same date (August 09, 2017). Since the date of the next examination paper/subject since the grant of the ex parte order does not and would not come up until Tuesday, 15 August 2017, which date has not even arrived, what is the basis for the news report on Friday (11 August 2017) that the School had “shunned” the court order? And where does the report on Monday (14 August 2017) accusing the Law School and the CLE of being lawless and so guilty of contempt derive its justification or foundation? Or, is it that some people are confused as to what act, conduct or omission could amount to contempt of court. Generally, contempt of court is said to be committed when there has been a willful disobedience to, or disregard of, a court order or there is any other form of misconduct in the presence of a court; indeed, any action that interferes with a judge’s ability to administer justice or that insults the dignity of the court is contempt. See also Atake v. AG, Federation (1982) 11 S.C 175; and Agbachom v. The State (1970) 1 All NLR 69. Let me quickly point it out here that the Council of Legal Education has now on 14/08/2017, filed an application to have the ex parte order vacated.

From all indications, therefore, and as far as the said court order is concerned, the Council of Legal Education has not violated nor disobeyed any court order, and as such could not be said to have become guilty of any contempt of court. To the best of my knowledge, and honest Nigerian Law School is a law-abiding institution which not only lives up to expectation in the professional, vocational training of aspirants to the Nigerian Bar, but also respects law, the law courts and the entire legal and justice system of Nigeria and beyond.

Accordingly, I humbly suggest that we, especially legal practitioners, should be cautious in reporting sensitive matters bothering on the profession, so as to prevent a situation in which we, directly or indirectly incite, encourage, aid or condone acts, conducts or omissions capable of tarnishing the image of the legal profession in Nigeria and bringing the same to disrepute. These lawyers who indulge in rumormongering and spread of falsehood must be reminded that legal education is inseparable from the legal profession; hence, whatever affects the former would definitely affect the latter— if not now, then certainly later. If we think we can pull down Nigerian Law School without dragging the profession down with it, we had better think twice. The sad truth is becoming more and more apparent; our profession has seen a steady decline by casting aside established traditions and canons of professional ethics that evolved over centuries. Hence the need to be a firm in enforcing rules of ethics at the Law School. All hands need to be on deck, to promote and preserve legal education and the profession of law in Nigeria. One sure way to begin this crusade is by supporting Nigerian Law School in its current, concerted drive to ensure that the concept of “fit and proper” as prescribed by the Council [pursuant to its powers under the Legal Education (Consolidation) Act] and upheld in the case of Okonjo v. Council of Legal Education FCA/L16/78 delivered on March 12 1979, 1979 Digest of Appeal Cases (DAC) 28), is maintained, strengthened and firmly enforced on aspirants to the bar with a view to ensuring that only persons deserving of membership of a noble, highly esteemed profession find their names on the Roll. Council deserves the supports of all and sundry, because legal a profession, lacking in ethics, cannot withstand the hassles, r igors and compressions of a complex society such as ours. In answer to a question he posed for himself thus, “why is ethics important to legal education and the practice and profession of law?” Peter MacFarlane, writing on the topic, “THE IMPORTANCE OF ETHICS AND THE APPLICATION OF ETHICAL PRINCIPLES TO THE LEGAL PROFESSION” in the Journal of South Pacific Law, had stated as follows:

“First, because lawyers are integral to the working-out of the law and the Rule of Law itself is founded on principles of justice, fairness and equity. If lawyers do not adhere and promote these ethical principles, then the law will fall into disrepute and people will resort to alternative means of resolving conflict. The Rule of Law will fail with a rise of public discontent. Second, lawyers are professionals. This concept conveys the notion that issues of ethical responsibility and duty are an inherent part of the legal profession. It has been said that a profession’s most valuable asset is its collective reputation and the confidence which that inspires. The legal profession especially must have the confidence of the community.”

Also, writing on the subject, “THE ROLE OF THE LAW SCHOOL IN THE TEACHING OF LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY,” in the Cleveland State Law Review, Vol 29:377, page 378, as published by EngagedScholarship@CSU, in 1980, WARREN E. BURGER, a former Chief Justice of the United States, had this to say:

“Every law school has a profound duty-and a unique opportunity-to inculcate principles of professional ethics and standards in its students. This duty should permeate the entire educational experience beginning with the first hour of the first day in law school. The failure to do this is, perhaps, even more serious than the failure to relate legal theory to practice. “

It is thus seen that the profession of law is a profession of ethics, because aspirants to the bar and lawyers alike have certain obligations, which are generally articulated in a code of ethics or rules of practice and conduct, which must be maintained in order for the profession to prosper. Law is a great profession but it is not an easy one; it is one in which one has to meet and overcome many hurdles in order to gain entry— bar examination, ethical (code of) conduct, skills as shown in externship and portfolio assessment and even table manners and attendance at classes/lectures. Everything is taken into consideration. Bearing this in mind, my advice to those who wish to go (or are used to going) to the press on issues relating to legal education in Nigeria, but do not possess adequate knowledge of the goings-on in the Law School, and the intricate nature of vocational legal education, should do well to always ask first to be properly guided so as to be better informed, instead of moving about and peddling unsubstantiated and unsustainable stories about things that are not, and never were. As pointed by Evan Chesler, the Chairman of Cravath, Swaine & Moore LLP, based in New York, while emphasizing the importance of good judgment to the practice of law, “part of being a good lawyer is knowing when to keep your mouth shut” about things about which you know nothing.”

Sylvester Udemezue is a Legal Practitioner

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