*Warns SSS Involvement Could Silence Lawyers Who Challenge Governmental Authority In Court
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Former Chairman of the Nigerian Bar Association (NBA), Lagos Branch, Lateef Omoyemi Akangbe, SAN, FCIArb (UK), has raised alarm over the Department of State Services (DSS) involvement in screening applicants for the prestigious rank of Senior Advocate of Nigeria (SAN). He warned that the provision undermines the autonomy of the Legal Practitioners Privileges Committee (LPPC) and poses a grave threat to the independence of the Bar.
In a statement, Akangbe revealed that like many in the legal profession, he was unaware of the controversial provision contained in paragraph 23(2) of the Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria until about two years ago. The section requires applicants to submit to DSS screening.
He noted that while the provision may have been introduced with good intentions, it risks eroding the very foundation of the legal system, which depends on the independence of practitioners.
“The rank of SAN is neither a political office nor an executive favour. It is a professional privilege created by the Legal Practitioners Act, to be administered exclusively by the Legal Practitioners Privileges Committee (LPPC), which is composed of Justices of the Supreme Court, the Court of Appeal, Chief Judges, Attorneys-General, and distinguished practitioners. The Committee already subjects candidates to rigorous vetting. The process also provides for comments and objections from the public, which is the actual constituency lawyers are called to serve,” he said.
Akangbe questioned why the requirement was introduced in the first place, stressing that it does not appear the DSS requested such a role. According to him, the State Security Service already has an enormous workload, and it is difficult to see how SAN applications — largely from private practitioners — should be of interest to the State, other than a desire to control who gets conferred with the rank.
“This is a needless affront to the competence and independence of the LPPC itself,” he added.
The silk warned that this incursion could expose the profession to unconstitutional interference, where advocates known for questioning or challenging government authority might be quietly excluded from the rank.
“The danger is clear: advocates who are required to be independent and to act for any person seeking justice, even where that requires the questioning or challenging of the exercise of governmental authority, who insists on justice, may be quietly excluded from being conferred with the rank. Should this occur, the very independence of the Bar, which is the soul of justice, will be imperilled,” he said.
He pointed out that in no other common law jurisdiction where such a rank exists are state security agencies allowed to conduct screening for what is strictly a professional honour.
“There is no valid reason why Nigeria should permit it,” he stressed.
Calling for urgent reforms, Akangbe urged the Nigerian Bar Association, the Body of Benchers, and other stakeholders in the justice sector to prevail on the LPPC to amend the Guidelines and scrap the DSS requirement.
“This is not about individuals, but about protecting the autonomy of the profession and the very soul of justice,” he declared.
He therefore called for the immediate suspension of DSS screening, and for the LPPC to permanently delete the provision from its Guidelines.
“I therefore respectfully call for the immediate suspension of DSS screening, and urge the LPPC to amend its Guidelines to permanently expunge this provision. Only then can we safeguard the independence of the Bar. To remain silent is to acquiesce, and acquiescence today may cost us the profession we hold dear tomorrow,” he concluded.
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