The Senate, on Wednesday, passed a bill to amend the Legal Practitioner Act, 2004 for second reading, proposing a two-year mandatory pupilage for all newly called to the Nigerian Bar as part of its reforms to regulate the country’s legal profession in line with modern realities.
The Senate also agreed that the bill would restructure and empower the Body of Benchers, as the apex regulatory institution for the first time in the history of this country with focus on corporate legal personality, financial autonomy, strengthened its secretariat, clear rule-making authority; and institutional structure for committees and oversight.
While leading the debate on the bill, the Leader of the Senate, Senator Opeyemi Bamidele, said that the legislation was inteoduced with a view to modernising the legal profession, in line with global standards as observed in jurisdictions, such as the United Kingdom, Canada, South Africa and Kenya.
Bamidele noted that the the Legal Practitioners Act, 2004, “currently in operation, is almost six decades old in context and structure, as it was designed for a legal environment that no longer exists.”
He added that the nature of legal practice today “has drastically evolved with technology, digital court processes, multi-dimensional commercial transactions, cross-border legal issues, and increased public demands for accountability and ethical conduct.
The Senate leader further noted that the initiative would definitely ensure “a coordinated and well-modernised regulatory framework that addresses admission to the Nigerian Bar, discipline and professional standards.”
Bamidele pointed out one of the major gaps in the current law, which according to him, was the slow and ineffective disciplinary system for addressing professional misconduct.
He observed that the proposed legislation would restructure the Legal Practitioners Disciplinary Committee (LPDC) by allowing multiple panels to sit across the country; giving the LPDC clearer sanctioning powers, including suspension; striking-off, restitution, compensation, costs, and formal apology; mandating publication of disciplinary outcomes for transparency and giving practitioners the right of appeal to the Supreme Court.
He added that the bill “contemplates creating a new Ethics, Adherence and Enforcement Committee, which is going to function as a professional investigative body, empowered to: inspect law offices; demand documents and explanations; investigate complaints from the public; ensure compliance with regulations; and prosecute cases before the LPDC.
“These innovative initiatives are the major milestones of this Bill, geared toward promoting discipline and restoration of public confidence in the profession.
“Another innovative aspect of the proposed bill, is the provision that introduces two years of mandatory pupilage for lawyers, newly called to the Nigerian Bar, except in approved special circumstances as well as the mandatory continuing professional development, as a requirement for renewing a practising licence.
“This is to ensure that lawyers stay updated and competent throughout their careers. Also worthy of mentioning is the provision that criminalises unauthorised legal practice to curb the growing concerns about impostors and unqualified individuals posing as lawyers.
“The bill clearly defines the practice of law and criminalises unauthorized practice, which is essential for the protection of citizens from fraud and abuse. The bill is also envisaged to regulate foreign lawyers, reform the Rank of Senior Advocate of Nigeria and enhance client protection and financial safeguards, among others.”
Also speaking on the bill, the Chief Whip of the Senate, Senator Tahir Monguno, supported the senate leaders, narrating the realities of legal practice when he became a legal practitioner over 35 years ago.
Emphasising the national significance of the bill, Monguno urged his colleagues to vote in favour of reforms in the legal profession, saying the bill “is very apt and germane. We are in the digital age, and our legal profession must reflect these realities.”
After extensive debate, the Senate passed the bill for second reading and mandated the Committee on Judiciary, Human Rights and Legal Matters to conduct public hearing on it and report to the plenary within two weeks.
