RESOLVING CONUNDRUMS REGARDING LEGAL PROFESSION REGULATION IN NIGERIA (PART 1)

Abstract

While there is a general consensus among members of the legal profession in Nigeria, that the profession is variouslyregulated and by multiple institutions, certain controversies have persisted among stakeholders, especially because, as inmost other jurisdictions, many people understand regulation only in terms the narrow compass of government interventionsthrough legal rules enforced by statutory bodies. Besides, many are still confused about the precise nature of regulation,classification of regulation and regulators, as well as the structural, legal and institutional framework for legal professionregulation in Nigeria. In this three-part discussion (each part contained in a separate paper), the present authorcomprehensively addresses these and some other questions on the subject. The first part (contained in the present paper),examines nature and scope of the legal profession, nature of regulation, and powers of, and power-interplay among someregulators of the Bar in Nigeria, including the NBA, Council of Legal Education (and the Nigerian Law School), GeneralCouncil of the Bar, Body of Benchers, Legal Practitioners Disciplinary Committee, Legal Practitioners RemunerationCommittee, and Legal Practitioners Privileges Committee. Part 2 focuses on analysing questions related to involvement ofthe Supreme Court of Nigeria, the office of the Chief Justice of Nigeria, the Attorney-General of the Federation, Courts oflaw, the Corporate Affairs Commission, the Economic and Financial Crimes Commission, the National Identity ManagementCommission, and Public Opinion, in regulation of the Nigerian Bar. The third part focuses on regulators of the Bench.Although each discussion relies heavily on statutes, delegated legislation, law reports and other conventional legal materialsas major sources of data, based on which it goes ahead to formulate principles and draws necessary conclusions, it must beadvised that the work is neither speculative nor hypothetical; emphasis is not on mere legal doctrines and concepts but onpeople and institutions regulated by law. The approach is both descriptive and expository, adopting the doctrinal method in alargely socio-legal style, with a view to eliminating or minimizing uncertainties among members of the profession,researchers, law students, law teachers, practitioners, knowledge-seekers and the general public on the subject.