4.0. INSTITUTIONAL AND REGULATORY FRAMEWORK.
4.1. Regulatory Reforms
There have been several efforts at the review of the Legal Practitioners’ Act 1975 (as amended) the “LPA”. I was privileged to be a member of the Legal Profession Regulation Review Committee set up by the NBA under the leadership of President A.B. Mahmud, SAN in 2017.
The Committee made far-reaching recommendations in its report on how to regulate the conduct of Legal Practitioners and the affairs of the NBA. The KPMG Diagnostic Report on the NBA further underscored the need for effective regulation of legal practice in Nigeria, in order to gain or regain public confidence and preserve the integrity of the profession.
My administration will do all within its powers to advocate for the enactment of the NBA’s version of the Legal Practitioners Bill currently before the National Assembly. Baseline principles in the proposed bill which are necessary for the transformation of the Legal Profession into a compliant and competitive 21st century profession include:
a. the separation of the regulatory functions of the NBA from the representative functions;
b. the creation of an independent regulator for the Legal Profession in Nigeria; and
c. the inclusion of mandatory continuing legal education.
4.2. Professional Conduct and Discipline.
As stated earlier, the NBA has lost its effective voice needed to bring about the freedom that Nigeria needs. Under the current administration of NBA, this voice is being restored and this effort must be sustained through deliberate and conscious efforts.
As an Association, we must deal with growing cases of professional misconduct. It is the preponderance of professionalism exhibited by members of the Association in our dealings with our clients, local or foreign that will restore the Association to its pride of place in the scheme of things in Nigeria and beyond.
We must therefore get involved in regulating the conduct of our members and bringing erring members to book. The present Disciplinary Procedure has completely alienated the NBA from participating in the disciplinary process of its members.
While the rationale for the present exclusion of the NBA from the process was rooted in the lackadaisical attitude with which complaints of misconduct of our colleagues were attended to by the NBA, the complete removal of the NBA from the process has worsened the situation and public perception of the NBA in relation to the discipline of its members.
The NBA is viewed as unconcerned with the conduct of its members, leaving the public at the mercy of erring members. On the other hand, the present arrangement where the LPDC deals with complaints of professional misconduct independent of the NBA, has only undermined the NBA and its ability to regulate the conduct of its members.
The level of public confidence we enjoy will largely depend on the perception of the public on our willingness, readiness and resolve to deal with cases of professional misconduct amongst our colleagues.The current administration has made a case for the review of the existing LPDC Rules to provide for the participation of the NBA in the disciplinary process of its members.
Our administration will pursue this course to ensure that the NBA fully participates in the process with a renewed vigour and purposefulness.
* To be continued.
Read the full manifesto HERE
Download Maikyau, SAN’s full manifesto at Manifesto+-+submission+version
