*Reduces Mandatory Pupilage To One Year
*Introduces License From NBA As Condition For Legal Practice
*Senate Seeks To Amend Legal Aid Council For Representation Of Persons Before Sharia and Customary Courts of Appeal
Senate Seeks To Amend The Council Of Legal Education Act To Introduce Six More NLS Campuses

There are currently three bills before the Senate seeking to amend laws regarding legal practice and education in Nigeria. They are the Legal Practitioner’s Act CAP, L11 LFN 2004 (REPEAL AND RE-ENACTMENT) BILL, 2021 (SB.815); Legal Education (CONSOLIDATION, ETC.) Act L10, LFN 2004 (AMENDMENT) BILL 2021 (SB.820); and Legal Aid Council Act, 2011 (AMENDMENT) Bill,2021 (SB.560).

A long title of the Bill that seeks to amend the Legal Practitioners Act reads, “A BILL FOR AN ACT TO REPEAL THE LEGAL PRACTITIONERS ACT CAP L11, LAWS OF THE FEDERATION OF NIGERIA, 2004 AND RE-ENACT THE LEGAL PRACTITIONERS ACT TO PROVIDE FOR REFORMS AND REGULATE THE LEGAL PROFESSION AND FOR SUCH OTHER MATTERS THEREWITH”

The Bill has conferred additional powers on the Body of Benchers. Clause1(2)(b) and (c) of the Bill provide:

“(b) Taking all measures (whether by making regulations pursuant to the powers conferred on it by this section or otherwise howsoever) which appear to it to be necessary or expedient for maintaining at all times the traditional values of the legal profession; and
(c) The exercise of disciplinary jurisdiction over members of the legal profession”

Apparently, this is not contained in the current enactment. The Bill also changed the constitution of the members of the Body of Benchers as evident in Clause1(3) of the Bill. The Bill has added the following persons as members:

1. The President of the National Industrial Court,
2. Life Benchers,
3. The President of the Senate,
4. The Speaker of the House of Representatives and
5. The Chairman of the National Assembly Committees on Judiciary.

However, the memberships of the Senate President, Speaker of the House of Representatives and the Chairman of the National Assembly Committees is only practicable where the individuals occupying these positions are Lawyers.

Clause2(6) of the Bill provides changed quorum of the Body of Benchers for general business to 30 contrary to the current position which makes it 10.

The Bill has expanded the requirements for law practice in Nigeria from just having ones name in the Roll of the Legal Practitioners kept at the Supreme Court of Nigeria to also meeting all the conditions for practice set out in the Bill and any rules made by the Body of Benchers

It provides in Clause 8 as follows: “A person is entitled to practice as a Legal Practitioner only if his name is on the Roll of the Legal Practitioners kept at the Supreme Court of Nigeria and he has met all the conditions for practice set out in this Act and any rules made by the Body of Benchers.”

Clause12 of the Bill provides for a mandatory one year pupillage for new Lawyers called to Bar. It also provides that the Body of Benchers shall make rules to that effect Also, that there shall be a designated division of the Body of Benchers to address this.

Clause14 provides for practicing license. Thus, lawyers are now expected to get license from the NBA before practicing as lawyers which may be subject to renewal based on the conditions prescribed. Furthermore, Clause14(4) outlaws impersonation as a Legal Practitioner or preparing processes or documents preserved for Lawyers.

Clause15 provides for mandatory stamp and seal to be used by all Legal Practitioners preparing documents. This is to be issued by the Nigerian Bar Association. Unlike the previous provision which existed only in the Rules of Professional Conduct for Legal Practitioners, RPC.

Legal-Practitioners-Act-Cap-L11-LFN-2004-(Repeal-and-Re-Enactment)-Bill-2021-(SB.815)  Click on this link to download.

The Senate is further seeking to amend the Legal Aid Council Act, 2011 to increase the scope of services of the Council to include services to indigent citizens involved in cases before the Shariah and Customary Courts of Appeal. The bill is Sponsored by: Senator Emmanuel Yisa Orker-Jev (North-West Senatorial District)

Lastly, the Senate is seeking to increase the number of Nigerian Law School campuses in the country from six to 12.

Legal-Aid-Council-(Amendment)-Bill-2020-(SB.560) Click on this link to download.

The bill titled, “A bill for an Act to amend the Legal Education (Consolidation etc.) Act by establishing the campuses for the Nigerian Law School, and for other related matters” was sponsored by Senator Smart Adeyemi.

The existing law school campuses are located in Lagos (South West), Abuja (North Central), Yola (North East), Kano (North West), Enugu (South East), and Yenegoa (South South).

However Adeyemi said the six additional campuses being proposed include Kabba Law School Campus, Kogi (North Central), Maiduguri Law School Campus, Borno (North East), Argungu Law School Campus, Kebbi (North West), Okija Law School Campus, Anambra (South East), Orogun Law School Campus, Delta (South South), and Ifaki Law School Campus, Ekiti (South West).

Legal-Education-(Amendment)-Bill-2021-(SB.820) Click on this link to download.

TheNigerialawyer had reported that the Senate is inviting the public to submit memoranda in respect of the three Bills on or before November 12, 2021.

The Notice of calls for Memoranda which was signed by Senator Micheal Opeyemi Bamidele, the Nigerian Senate Committee on Judiciary, Human Rights and Legal Matters said the Public Hearing is scheduled to hold on Monday, 15th November 2021 by 11:AM prompt and it is taking place at the Senate Conference Hall 231, 2nd Floor, New Building, National Assembly, Abuja.

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