APRIL 2016
CONTRIBUTORS
Prof. Edwin |. Nwogugu-
Prof. Osita Nnamani Ogbu -
Prof. Obiora Chinedu Okafor
& Basil Ugochukwu
Prof. Ernest Ojukwu, S.A.N.
&Ugochukwu Njoku
Dr. O. B. Akinola
Chief G.O. Omeh, Esq
Ikeazor Akaraiwe, Esq
Dr. C.J. Ubanyionwu
Prof. Chukwuemeka G.
Nnona & Sylvester N. Anya
Didactic Material
TO BE CITED AS: (2016) 1 ENBAR LL.
Primogeniture in Igbo Customary Law
of Inheritance
Application for Transfer of a Case and
the Right to be Tried by an
Independent and Impartial Court
Inventing Legal Combat: Pro-poor
“Struggles” in the Human Rights
Jurisprudence of the Nigerian Appellate
Courts, 1999- 2011
The Power and Competence of States
under the Constitution to set up
Environmental Agencies in Nigeria
Legal Ethics and the Sustenance of
48
Democracy in Nigeria 117
Global Dimension of the Concept of
Corporate Governance In
Administration of Companies 134
The Mystery of Sui Generis in Electoral
Litigation in Nigeria 175
Election Petition cases and the Right to
Fair Hearing Within a Reasonable Time 184
Students' References and
Recommendations: Context, Issues
and Optimization 207
Code of Conduct for Judicial Officers of
the Federal Republic of Nigeria 251l
,
iB PMU Teld Wale eel et L Ve Eden Vale] ea ec ie gL Ueda
CONTRIBUTORS .
Prof. Edwin |. Nwogugu = -
Prof. Osita Nnamani Ogbu -
Prof. Obiora Chinedu Okafor
& Basil Ugochukwu
Prof. Ernest Ojukwu, S.A.N.
&Ugochukwu Njoku
Dr. 0. B. Akinola
Chief G.O. Omeh, Esq
Ikeazor Akaraiwe, Esq
Dr. C.J. Ubanyionwu
Prof. Chukwuemeka G.
Nnona & Sylvester N. Anya
Didactic Material
SOME a eee
Primogeniture in Igbo Customary Law
of Inheritance
Application for Transfer of a Case and
the Right to be Tried by an
Independent and Impartial Court
Inventing Legal Combat: Pro-poor
“Struggles” in the Human Rights
Jurisprudence of the Nigerian Appellate
Courts, 1999- 2011
The Power and Competence of States
under the Constitution to set up
Environmental Agencies in Nigeria
Legal Ethics and the Sustenance of
Democracy in Nigeria
Global Dimension of the Concept of
Corporate Governance In
Administration of Companies
The Mystery of Sui Generis in Electoral
Litigation in Nigeria
Election Petition cases and the Right to
Fair Hearing Within a Reasonable Time
Students’ References and
Recommendations: Context, Issues
and Optimization
Code of Conduct for Judicial Officers of
the Federal Republic of NigeriaLEGAL ETHICS AND THE SUSTENANCE OF
DEMOCRACY IN NIGERIA
Dr. O. B. Akinola!
Abstract
The concept of legal ethics is wide. It can be written in several chapters
of a book. However, this paper analyses the meaning and scope of ethies,
legal ethics and democracy in Nigeria The Paper identified aspects in
which legal practitioners, magistrates and judges as custodians of'legat
ethics are expected to live up to expectation amd the relevance of legal
ethics to sustenance of democracy in Nigeria. The Paper asserts the
importance of legal ethies to the legal profession which plays a vital role
in the observance of rule of law. The Paper further established a nexus
between legal ethics and democracy and the effects observance of legal
Introduction
The word ‘ethics’ is a generic one. It is simply a rule of conduct,
It could also mean a branch of philosophy that seeks to determine
the correct application of moral notions such as good and bad and
tight and wrong or a theory of the application or nature of such
notions.” Ethics is the Science of morals; that branch of
Philosophy which is concerned with human character and
conduct; a system of morals or rules of. behavior? It is the
ome
‘LL.B (Hons) (Unilorin), Barrister ae Law, LL.M (ABSU), Ph.D (UNIZIK),
rer, Department of Professional Ethics’ and’ Skills, Nigerian Law School,
Augustine Nnamani Campus, Agbani, Enugu State.
[email protected].
Encyclopeadia Britannica Lite 2013,
The Chambers Dictionary, 10" Ed. P. 516
* Gamer B. A. Blacks Law Dictionary, 9" Edition, West Publishers, P. 976.
117ENBAR LAW JOURNAL VOL. I NO. 1
regulating human conducts. To succeed in any vocation or
profession, an entrant must have the implements required to
operate in it. The farmer must have his farmland, hoe, seedlings
and manure and the teacher, his chalk, blackboard, and cane; the
medical doctor must have his stethoscope, drugs and beds and the
commercial driver his driver’s license, a roadworthy vehicle and
sobriety. The priest cannot perform ecclesiastical rites without a
Bible, a congregation and God’s anointing, the carpenter needs
the nail, the wood and the saw.*
Democracy is a form of government in which the supreme
power is retained and directly exercised by the people.® The core
of democracy is the people or their elected representatives. It is
therefore a doctrine that the numerical majority of an organised
group can make decisions binding on the whole group. A major
component of this system of government is the observance of the
tenets of the rule of law and supremacy of the law. The principle
of separation of power is further deepened by interpretation of
law in order to entrench democratic values. The legal profession
is very vital to the promotion of rule of law which is a major
catalyst for democratic practices. The legal profession dovetails
into the bar and the bench. The profession thrives more on its
ethics. The growth of any democratic culture is dependent on an
ethically sound legal profession.
The Concept of Legal Ethics
Legal ethics refers to usages and customs among members of the
legal profession, involving their moral or professional duties
towards one another, towards clients, and towards the courts.” By
way of description, legal ethics refers narrowly to the system of
professional regulations governing the conduct of lawyers. Ina
5 Hon. Justice G. C. Nnamani The Imperatives of Professional Ethics in the
Practice of Law. Chap 6. Contemporary Issues in Law and Jurisprudence:
Selected Essays in Honour of Hon. Justice F. Ken Ezeike. (Snaap Press,
Enugu) 2011 at P. 101.
© The Free Dictionary online
7 bid, Hon. Justice G.C. Nnamani at P. 98.
118O. B, Akinola, Legal Ethics And The Sustenance Of Democracy In Nigeria
broader sense, legal ethics is simply a case of ethics in general, as
ethics is understood in the central traditions of philosophy and
religion.’ Legal ethics in the strict sense is applicable to the legal
profession. The legal profession comprises of the bar and the
bench. The bar comprises of the legal practitioners while bench has
the judges and magistrates of superior and inferior courts
respectively.
Legal ethics connotes the duties, obligations and
privileges of legal practitioners in the legal profession. It is the
hallmark of the legal practitioner in terms of his etiquette,
conduct, decorum and guide in his profession. A legal practitioner
who lacks the requisite ethics cannot excel in the legal profession.
It is therefore safer to assert that legal ethics is not inversely
proportional to tenets of democracy. It rather complements
democratic norms.
Be that as it may, the role of the legal profession to a
vibrant and practicable democratic culture cannot be over
emphasised. The legal practitioner is a key player in the Nigerian
justice sector. Therefore, he has a duty to keep the ethics of his
profession sacrosanct. The legal practitioner has a duty to do the
tight thing even when he knows that no one is watching. A sound
justice sector is a booster for the tenets of rule of law by any
government. In effect, the rule of law is healthy for the healthy
promotion of democratic norms and practices in a given state.
The legal profession is a very versatile one. This is because
the lawyer may be a judge, a teacher of law in a university, a
company director or secretary, a civil servant, an administrator,
legal adviser and a political office holder. In terms of his
contribution to the political atmosphere of his constituency, a
lawyer has the right to vote and be voted for once he meets the
constitutional requirements for the political office. Therefore, it is
apposite to state that a lawyer can function in a multi-disciplinary
capacity. The lawyer should therefore not forget that he is first and
foremost a member of the community where he lives. The legal
8 Ibid.ENBAR LAW JOURNAL VOL. 1 NO. 1
practitioner has a duty to guide the community to richer democratic
practices using the instrument of legal ethics.
The Legai Framework for Legal Ethics in Nigeria
The legal profession in Nigeria evolved as far back as the 19"
century. Charles Foresythe was the first self-taught attorney, the
prototype of the modern lawyer. He was enrolled to practise law at
the Supreme Court in Lagos in 1865.9 Although, history has it that
Sapara William is the first indigenous Nigerian lawyer.'°Section 87
of the Supreme Court Judicature Act of 1873 provides that all the
solicitors and attorneys are to be addressed as ‘Solicitors of the
Supreme Court of Judicature’. In the early part of the 19th Century,
there were only two classes of legal practitioners i.e. the Barristers
and the Solicitors. In January 1862, a Police Court was established
to handle cases bothering on different commercial disputes. The
Supreme Court Ordinance of 1863 provided for the Supreme Court
of her Majesty’s settlement of Lagos colony. Two classes of
persons were allowed to practise law in Nigeria by virtue of the
Supreme Court Ordinance oF 1876. They are: professionally
qualified legal practitioners; those who had served Articles
(Solicitors) and Local Attorneys. Between 1914 — 1962 legal
practice was restricted to professionally qualified legal practitioners
‘The applicant must join one of the four Inns'! of Court in England,
The barrister represents litigants in court. His business is advocacy.
He also gives legal opinion on issues referred to him by solicitors.
A person who desires to be a solicitor must be articled to a
firm of solicitors in England for a period of four (4) years. The
Solicitor draws up leases and conveyances, he drafts Wills,
Prepares commercial agreements and gives legal advice on all
matters to clients. He also seeks legal advice from the barrister
° Adewoye, ©. The Legal profession In Nigeria, 1865 — 1962. Longman,
Ibadan. P. 21. 1977.
‘Richard L. Sklar, Nigerian Political Parties: Power in an Emergent Nation.
(Princeton) 1963
'' The four Inns are: the Middle temple, the Inner Inn, the Lincoln Inn and the
Gray’s Inn.
120ier democratic
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0. B. Akinola, Legal Ethics And The Sustenance Of Democracy In Nigeria
from time to time on behalf of his clients, By inference, the
barrister is a legal adviser from time immemorial. He must
therefore brace up and ender his legal advice towards promoting
democratic values at any given time.
The Nigerian Law School was set up late 1962 and it ran its
first 3 months Course for 8 students and the location was at a
bulding at 213 Igbosere Street, Lagos which was acquired by the
Council of Legal Education from January to April 1963. The Legal
Education Act 1962 establish Council of Legal Education charged
with the responsibility for providing suitable legal education for
persons seeking to be admitted to practise law in Nigeria. The
Legal Education Act 1962 was repealed in 1976 and replaced by
the Legal Education (Consolidation Decree) in 1976 which decree
revised and consolidated previous Act(s) and amendments. The Act
was repealed in 1975 and replaced by the Legal Practitioners
Decree of 1975. It is now known as Legal Practitioner Act L.FN.
2010.2 The Legal Practitioner Act 1962 now known as Legal
Practitioners Act'> makes provision for three categories of people
to practise law in Nigeria as legal practitioners. The 3 categories
are: those entitled to practise generally, those entitled to practise for
the purpose of any particular office e.g. Attorney -General,
Solicitor- General and those entitled to Practise for the purpose of
any particular proceeding. Whoever Practices as legal practitioner
outside this purview is guilty of impersonation by virtue of section
22 of the LPA. However, the provision of section 22 (1) (d) of LPA
ought to be reviewed because a fine of N100 or 2 years
imprisonment for impersonating a legal practitioner is not punitive
enough in the present day realities, My take is that a fine of not less
than N500,000 should be imposed on such a convict to deter such
conduct in our society. This is because of the danger impersonation
of a legal practitioner portends for the legal profession and our
nascent democracy.
The Rules of Professional Conduct 2007 is the extant rule which
governs the conduct and ethical practices of a legal practitioner in
°° Cap L.11 LF.N. 2010
1B
Cap 207 1990 LFN now Cap L.11 L.F.N. 2010
121ENBAR LAW JOURNAL VOL, 1 NO.1
Nigeria. It is an offshoot of section 12 (4) of the LPA. It is apposite
to consider a few of the provisions of the rules with emphasis on
aspects that bothers on the legal ethics of the practitioner towards
sustaining our democratic values.
Ethical Obligations of a Legal Practitioner in the Sustenance of
Democracy
The life of a legal practitioner is soaked in ethical practices
throughout his career. The legal practitioner has a sacred duty
towards the state, court, profession, colleagues and the client. The
court is vital to any democratic society and the legal practitioner is
a minister in the hallowed temple of justice. Legal practitioners are
highly educated in a complex discipline; they are allowed the
privilege of self-regulation. The profession insists that those
uninitiated in the learning of the law are unsuited to regulate the
profession." It is apposite to state that the heights which great legal
practitioners attained is not a product of accidental flight or sudden
eruption into affluence and influence but by dint of hard work,
discipline and strict observance of the rules of legal ethics. A
successful legal practitioner is an asset to entrenching democratic
values in any given society.
i. The Legal Practitioner’s Ethics and the Society
The calling of a legal practitioner is one with high level of
collegiality, civility and mutual trust. In the same vein, law, when
practised according to its ethics and tradition, is a most challenging,
rewarding and sophisticated profession.'* Ethically, a legal
practitioner is expected to give back to the society. Rule 1 of the
RPC 2007 places a duty on the legal practitioner to uphold the rule
of law. This must be obeyed even at the detriment of the client. In
contrast with Rule 19 of the RPC 2007, the legal practitioner is
expected not to preserve the confidence of the client where such
“ Ukattah F. I. E. Law in Action Gimset Publishers, 1998. P. 16
'S Reaching for the Stars, an autobiography of Folake Solanke (SAN)
BookBuilders Editions Africa, P. 217
122=
Se
ENBAR LAW JOURNAL VOL. 1 NO. 1
legal profession. An unethical legal practitioner is a poison to a
delicious democratic meal.
In furtherance of the above, a legal practitioner enjoys
ceaseless flow of clientele and resources, he has a duty to accept
brief under the cab rank rule notwithstanding his personal opinion
on the brief. This is a very unique provision in rule 24 of the RPC
2007. Rule 24 (2) places a duty on the legal practitioner not to be a
mere mouthpiece of his client to vomit the client’s instructions to
the court under any guise but to use his professional judgment to
decode what constitutes unethical practice(s) which ought not to
surface in the temple of justice.!? A legal practitioner must be
courageous in and out of the courtroom. A legal practitioner cannot
therefore succeed without total commitment to industry and
research. He must possess an analytical mind. These identified
tools are a sine qua non to rule of law which is a major tripod upon
which democracy stands.
In terms of good governance, a legal practitioner has a duty
to candidly advise his client to toe the sacred path of rule of law. A
legal practitioner who frankly advises a political office holder on
the dictates and legislative intent of a statute is doing a great
service to building a virile democratic culture in the nation. Where
a legal practitioner does otherwise, he is contributing in ruining the
labours of our heroes past. Therefore, a legal practitioner is
protected from advising against the state under rules 1 and 21 (1) of
the RPC 2007. He is further protected from advising a political
office holder who desires to flout the provisions of the constitution
and other statutes enacted for the sustenance of good democratic
values. He must not turn a blind eye to corrupt practices by his
public office holder client under any circumstance. He is protected
and legally immuned under rule 1 and 19 of the RPC 2007.
iii, | The Legal Practitioner’s Etiquette at the Bar
In the courtroom, a legal practitioner must be guided by the ethical
provisions of rule 36 (b) of the RPC which requires the legal
practitioner to conduct himself with decency and decorum and
' Rule 24 (2) of the Rules of Professional Conduct for Legal Practitioners 2007.
124
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21
2O. B. Akinola, Legal Ethics And The Sustenance Of | Democracy In Nigeria
observe the customs, conduct and code of behaviour of the court
and custom of practice of the bar with Tespect to appearance, dress,
manners and courtesy. The legal practitioner must be courteous in
speech. His voice must be heard for the promotion of democratic
norms and against totalitarian approaches in the practice of
democracy.
It should be noted that under the guidelines for the
conferment of the rank of Senior of Advocate of Nigeria (SAN),
flows from the concept of “fit and proper’ which is a requirement
for entry into the legal profession.
iv. The Legal Practitioner’s Ethics on Corruption Issues
It should be noted that corruption has inflicted a cancerous wound
AG. Federation? was so complex to the extent that the Chief of
Justice of Nigeria”had to invite amici curiae as friends of the court
to file their briefs of argument and oral addresses in order to jointly
tackle the innovations of the Corrupt Practices and other Related
Offences Act No. 5 of 2000. The Supreme Court courageously
applied the blue pencil rule?3in nullifying sections 26 (3) and 35 of
the ICPC Act.
* (2002) 6 S.C. (Part 1) 1. This case brought to the fore the need for all tiers of
government to collectively conquer the monster of corruption.
Supra
Hon. Justice. M. L. Uwais (Rtd)
Blue-pencil test is a judicial standard for deciding whether to invalidate the
whole contract or only the offending words, Under this standard, only the
125:ENBAR LAW JOURNAL VOL. 1 NO, 1
The judgment has also enabled the anti-corruption agencies
created under the Obasanjo administration to initiate criminal
proceedings against public office holders in all the tiers of
government in Nigeria. This act of prosecution without recourse to
the police has further acted as a check on the excesses of political
office holders. The court” opined further that corruption is not a
disease which afflicts public officers alone but society as a whole.
If it is therefore to be eradicated effectively, the solution to it must
be pervasive to cover every segment of the society.?5
Professional Offences and Discipline of the Legal Practitioner
The professional offences recognizable in the legal profession for
which a legal practitioner may be sanctioned include infamous
conduct in a professional respect,26 conviction by a court of law in
Nigeria, conduct(s) incompatible with the status of a legal
practitioner and obtaining enrolment by fraud.
The appropriate body to sanction the commission of the
above professional offences is the Legal Practitioners Disciplinary
Committee (LPDC). The procedure for sanctioning a legal
practitioner for breach of legal ethics is as contained in the Second
Schedule to the LPA as amended Cap 207°7; and LPDC Rules,
1965 but the applicable rule at the moment is the Legal
Practitioners Disciplinary Committee Rules, 2006. However,
paragraph 2 of the Second Schedule to the LPA 2010 provides that
the Chief Justice of Nigeria shall make rules for the purposes of
offending words are invalidated if it would be possible to delete them simply
by running a blue pencil through them, as opposed to changing, adding or
rearranging words.
Per M. L. Uwais, CIN at page 28 (lines 31-34)
*5 Ibid. Learned Justice A.B. Wali (Rtd) stated further that what the National
Assembly did is the promulgation of the Act aimed at abolishing corrupt
practices in all their facets throughout Nigeria. It is an effort aimed at
promoting and enforcing the observance of the provision of section 15 (5) of
the Constitution. Per A. B. Wali JSC (as he then was) at page 35 (lines 37 —
40).
* J. Olakunle Orojo, Professional Conduct for Legal Practitioners in Nigeria
(2008) Odade Publishers, P 362
77 This Rule has been repealed by the LPDC Rules 2006
126
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any proceedings and as to the procedure to be followed and the
tules of evidence to be observed in Proceedings before the
disciplinary committee. The sanctions which may be meted out to a
legal practitioner found culpable of breach of legal ethics are:
striking the name of the legal practitioner off the roll, suspending
the legal practitioner from legal practice for a specified period of
time, admonishing the legal practitioner and refund of money,
document or thing which was the basis of the complaint. It should
be noted that the LPDC must live up to its expectations to flush out
the bad eggs in the legal profession. Where this is done, the
profession will bequeath to the nation an unblemished justice sector
for sustenance of our democratic values.
Ethical Obligations of a Judge in the Sustenance of Democracy
The Bangalore Principles of Judicial Conduct emerged from the
second meeting of the Judicial Integrity Group which held in
Bangalore, India in February 2001. The core values recognized in
the document are independence, impartiality, integrity, propriety,
equality, competence and diligence. The identified principles are
intended to establish standards for ethical conduct of judges.
Anidi”* posited that the principles are meant to provide guidance to
judges and to afford to the judiciary a framework for regulating
judicial conducts. These principles are to the effect that judges are
accountable for their conduct to appropriate institutions established
to maintain judicial standards in order to achieve independence of
the judiciary. Appointment of Judicial officers must be based on
merit in order to Promote the rule of law, without which, no nation
can progress. Unethical practices are usually sanctioned through a
mechanism” provided in the Third Schedule of the 1999 as
amended. In a recent development, the Chief Justice of Nigeria has
re
* Hon. Justice A. O. Anidi, Achieving Judicial Excellence: From Rhetorics to
Action; The Bangalore Principles of Judicial Conduct, Contemporary Issues
in Law and Jurisprudence: Selected Essays in Honour of Hon, Justice F.
Ezeike. P. 248
Establishment of the National Judicial Council for appointment, promotion
and diseipline of judicial officers in Nigeria,
127ENBAR LAW JOURNAL VOL. 1 No, ?
threatened to Sack any judicial Officer found Wanting in his judicial
Office,30 Judges are €xpected to abide by their oath of Office.3!
Constitution as amended. The Powers stated therein Ought to be
exercised by the SISC.
In Okwuezé y, State? the Tespondent who commenced an
the client,34 The Judiciary has a Tole to moderate the shape of
Politics for the common good, Therefore, 4 judicial Officer as an
arbiter must Strive to hear the parties to a dispute courteously,
The Guardian, June 17, 2014 at P.3
1 oth hedule, 1999 Constitution as amended
(2001) FWLR (Pt, 48) 1277 at 1297
, Dafa Nig. Led y, haku Ine’ Lid (2001 ) 15 NWLR (Pr, 735) 203 at 25}
* Ogolo v, Ogolo (2000) F. WLR. (Pt, 15) 266] at 2670
128
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adjon©. B. Akinola, Legal Ethics And The ‘Sustenance Of Democracy In Nigeria
answer wisely, consider soberly and not sanctimoniously and
decide impartially.
democratic system of government,
The judiciary is bewildered with its own challenges such as
Poor funding, poor Temuneration and lack of modern facilities,
corruption among some judicial officers as well as inadequate
record their Proceedings in long hand, courts are congested with
both civil and criminal cases, Most judges sit in decrepit
courtrooms, lacking basic facilities. A visit to High Court, Agbani
Judicial Division in Enugu State as of June 2014 will reveal avery
hot atmosphere without a single computer system. The Olympia
typewriter in use is very old. The furniture in the courtroom are old
and there is no trace of comfort for judicial work in the said high
court. In addition, the authority of the judiciary is being eroded on a
frustrated. Certain Procedures such as those relating to
adjournment, allow for easy manipulation of by litigants wishing toENBAR LAW JOURNAL VOL. 1NO.1
delay proceedings.*> For instance, the case Dielu y, Twuno*lasted
for 23 years. This portends a bad omen for the sustenance of
democratic values in our country. In essence, procedural
bottlenecks have succeeded in compounding the challenges which
arose out of poor funding, inadequate facilities and threat to
independence of judiciary.
Judicial Corruption
Judicial corruption is a system of crime which involves the
litigants, their lawyers, the Corrupt or corruptible arbiter and court
officers or external agents with internal link. It should be noted that
indolence and unethical vices on the part of the legal Practitioner
are factors which aid such a legal practitioner to implant his
precious future into the seeds of judicial corruption. Section 9 of
the 1999 constitution as amended vests judicial powers of the
federation in the courts recognized under the constitution, These
Powers must be exercised fearlessly, courageously and with very
high dose of judicial activism.
Nigerian judges are not immuned from sanctions. The
procedure for sanctioning a judge is via a petition written against
the petitioner must be able to substantiate his allegations as alleged
with credible evidence. In recent times, judges of superior courts
have been sanctioned for various offences from warning to outright
dismissal from judicial duties.37
ee
3, Federal Republic of Nigeria: Vision 2140 Final Report, Vol. 1
% (1996) 4 NWLR (Pt. 445) 622
” Coun pat? 21, 2013; the NIC desided that Justice :D. Naron of the High
Court, Plateau State, and Justice Charles Efanga Archibong of the Federal
High Court Lagos, respectively be retired for abuse of judicial powers, For
further reading, see www.njc.gov.ng
130
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the sp.O. B. Akinola, Legal Ethics And The Sustenance Of Democracy In Nigeria
Legal Ethics and its relevance to the Sustenance of Democracy
in Nigeria
In furtherance of the above, legal ethics is very germane to the
legal profession in Nigeria. The legal profession appears to be a
very vital conductor for transmitting democratic currents to the
Nigerian populace. A stable and vibrant legal profession can never
be achieved without adherence to the rules of professional conduct
and code of conduct for judicial officers in Nigeria. By implication,
adherence to legal ethics principles promotes a healthy democratic
culture.
The judiciary is the only body saddied with the
constitutional responsibility of interpreting the constitution. This
arm of government is vital force to reckon with in the preservation
of the fundamental rights of the citizens and sustenance of
democracy. The concept of human rights is sacred to any
democratic society. The sanctity of the tights is on a continuous
basis. Its continuity is in perpetuity. Observance of legal ethics is
very vital to sustenance of democracy in Nigeria.
Legal ethics is a connecting nerve for the smooth operation of the
bar and the bench. It must be strengthened in order to have a
smooth administration of justice for the sustenance of democratic
values in Nigeria. This paper reminds the legal practitioner of their
social responsibilities towards the Nigerian populace at large in
order to have robust democratic governance across all tiers of
government. A legal practitioner who adheres to the ethics of his
calling is an asset to a vibrant justice sector.
In the same vein, the application of legal ethics to judicial
conduct is imperative for adherence to rule of law and sound justice
system. These are vital tools in the workings of a democratic
society. The judge as the arbiter in societal conflicts must be above
board. The right procedure and processes for sanctioning a judge
must be strictly adhered to. Judges should not be sanctioned at the
emergence of a flimsy petition by an aggrieved party who lost out
in a legal battle in the courtroom
The executive and the legislature has a duty to ensure that
the spirit and letters of the 1999 Constitution as amended is strictlyENBAR LAW JOURNAL VOL. 1 NO. 1
adhered to by prompt release of funds to the National Judicial
Council for onward disbursement to the appropriate courts. On no
account should judges” salaries and allowances be delayed due to
the sensitive nature of their judicial functions. When this is done,
financial autonomy which remains a key panacea to independence
of the judiciary will give hope to the common man.
The South African Complaint process against a judge is
more detailed and legislated in the Judicial Service Commission
‘Act No of 1994.3 It enhances transparency in the trial of judges for
alleged judicial misconduct. In the light of this, I submit that
disputes between the NJC and parties should be assigned by the
second most senior Justice of the Supreme Court or representatives
selected from the Court of Appeal. This is to further strengthen the
entire judicial system and restore confidence in the judiciary. This
is because appeals lie to the courts in which the heads of these
aforementioned heads of courts presides and assigns cases between
parties being the chief administrative officers of their various
courts.
The NJC ought to regulate the appointment of federal
judges. I submit very humbly that there is need for the
establishment of the State Judicial Council to regulate the
appointment of state judicial officers. The oversight function of the
NIC over the affairs of the state Judicial Service Commission in a
federal constitution appears to me to be a misnomer. It would have
been apt to have the NJC if the nation is operating a unitary
constitution.
It is further recommended that the National Judicial
Institute and the Mandatory Continuing Legal Education Institute
of the NBA must set out a mechanism for constant reorientation
and training of the bench and the bar respectively. These training
outfits must emphasise the core values embedded in legal ethics
and the dangers its constant violations portends for the sustenance
of democratic governance in Nigeria.
38 This is the current legislation which regulates the appointment, promotion
and discipline of judicial officers in South Africa.
132i
t
i
0. B. Akinola, Legal Ethies And The Sustenance Of Democracy In Nigeria a
oo The judiciary must therefore tise up to the challenge of
sy a n to courageous interpretation of statutes no matter whose ox is gored.
ise ca Judicial review must be highly applied in reviewing legislative and
scale ied a executive acts. Political cases such as 4.G. Federation y. 4.G.
epencens Abia State”? and Ors must be given the right judicial approach in
“adve fe the allocation of resources which is a catalyst for conflict in the
a Jues ion federation. The court should be prepared for judicial activism even
aes fot in electoral disputes against the ruling Party where this will further
A thie deepen the tenets of our democratic values. On a final note, |
u At the submit that observance of legal ethics is directly Proportional to the
ae tives growth of democracy and development in Nigeria
a Conclusion
is of these Tt could be deciphered from above that legal ethics is the anchor of
ss hereon legal Practice and the legal profession. The legal profession is
ir valos central to a vibrant rule of law which is the heart beat of democracy
“ as a system of government. By inference, legal ethics is an
of federal invaluable asset in Sustenance of democracy in Nigeria. The entire
‘a foe ihe legal profession in Nigeria has a cardinal duty to promote the tule
gulate the of law in order to dispense justice to all, without fear and favour,
stinivof ‘the: and regain the confidence of the people. The profession must tailor
aission ina its ethics on focusing on the quality of its members and not the
would fave quantity. The addition of legal ethics to rule of law equals a
5 a unitary Sustainable democratic culture for the benefit of the Nigerian
a populace.
al Judicial
on Institute
2orientation
2se training
legal ethics ~ |
sustenance
promotion
*° (2002) 27 WRN I.