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Senate Proposes 2-Year Pupillage for Lawyers Newly Called to Bar
By Hassan Taiye
The Senate Wednesday passed a bill to amend the Legal Practitioner Act, 2004 into second reading, proposing a two-year mandatory pupillage 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 upper chamber 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.
Led by Leader of the Senate, Senator Opeyemi Bamidele, senators debated the bill at the plenary on Wednesday 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.
After due consideration of the bill at its Chamber Wednesday, the Senate, presided over by the Deputy President of the Senate, Senator Barau I. Jibrin, okayed holistic reform and regulation of the legal profession, in line with modern realities.
Consequently, the senate passed the bill into second reading while mandating the Committee on Judiciary, Human Rights and Legal Matters to conduct public hearing on it and report to the plenary within two weeks.
In his lead debate on Wednesday, 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.
“Accordingly, it is necessary to ensure that our regulatory framework must evolve to meet these new realities. This bill is the aspect that seeks to restructure and empower the Body of Benchers, as the apex regulatory institution for the first time in the history of this Country.
“This restructuring initiative focuses principally on corporate legal personality; financial autonomy; strengthened Secretariat; clear rule-making authority; and institutional structure for committees and oversight,” Bamidele said.
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 this 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 proposed legislation on Wednesday, 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.”
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Barr. Muhuyi: Arewa Young Lawyers Forum, Condemn Arbitrary Arrest , Detention, Urge Egbetokun to Order His release
The Arewa young Lawyers Forum has condemned in strong terms the alleged unlawful and detention of Barrister Muhuyi Magaji, by the Nigerian police.
In a statement signed by Umar Abdullahi Chiroma,the Chairman, ST Yshaya and Hamza N Dantani, on behalf of the body of young legal practitioners, from the 19 Northern States under the Arewa Young Lawyers Forum, condemned what they described as the unlawful arrest and detention of Muhuyi, the former Chairman of the Kano state public Complaint and the Anti- Corruption Commission by heavily armed policemen deployed from Abuja to Kano state , who whisked him away from his Law firm in a suspicious circumstances.
” The forum condemned the way Muhuyi Magaji, was whisked away from his Law firm in a manner reminiscent of a Gestapo operation”
According to the group” the alleged offence for which Muhuyi, a member of the Arewa Young Lawyers Forum was arrested is currently pending before a competent Court of law and it is therefore sub judice .
The group noted that ” the police is fully aware that it cannot constitutionally usurp the power of the Court as guaranteed in Section 6( 6) ( b) of the 1999 Constitution of the Federal Republic of Nigeria, ( as amended), by purporting to investigate a matter under judicial
determination ” it opined .
” Such conduct strikes at the heart of the doctrine of the separation of powers and the supremacy of the Constitution “
The group observed.
Continue it stated that ” in the case of Kalu Vs FRN ( 2014), 1 NWLR ( PT 1389), 479, the Court held amongst other things that there must not be interference with the administration of justice when a matter is pending before a competent Court of Law”
The Forum averred that ” the action been questioned against Muhuyi were statutory functions, lawfully and dutifully carried out in the course of his service as a public servant pursuant to section 9 of the public Complaint and Anti- Corruption Commission “
” It’s dangerous precedent for any society to begin to criminalise of a public , for act done in good faith pursuant to their statutory mandate” it warms
The expressed concern about the heavily armed police officers sent to arrest Muhuyi saying,
” Even more disturbing is the manner of his arrest . A legal practitioner, minister in the temple of justice was by arrested by heavily armed officers , accompanied by five Vans as though he was a violent criminals, bandit or a kidnapper”
The group also condemned the brazen deploy of excesses in the arrest of a lawyer while admonishing the police authorities not reduce itself to instruments of oppression.
” The rules of law must be preserved, especially for one who has served the public within the confines of the law should not be subjected to such degrading treatment ‘
The group appeal to the inspector General of police , Mr. Kayode Egbetokun to investigate the role of the police in the unlawful arrest and detention of Muhuyi and release him in the interest of justice.
Uncategorized
Barr. Muhuyi: Arewa Young Lawyers Forum, Condemn Arbitrary Arrest , Detention, Urge Egbetokun to Order His release
The Arewa young Lawyers Forum has condemned in strong terms the alleged unlawful and detention of Barrister Muhuyi Magaji, by the Nigerian police.
In a statement signed by Umar Abdullahi Chiroma,the Chairman, ST Yshaya and Hamza N Dantani, on behalf of the body of young legal practitioners, from the 19 Northern States under the Arewa Young Lawyers Forum, condemned what they described as the unlawful arrest and detention of Muhuyi, the former Chairman of the Kano state public Complaint and the Anti- Corruption Commission by heavily armed policemen deployed from Abuja to Kano state , who whisked him away from his Law firm in a suspicious circumstances.
” The forum condemned the way Muhuyi Magaji, was whisked away from his Law firm in a manner reminiscent of a Gestapo operation”
According to the group” the alleged offence for which Muhuyi, a member of the Arewa Young Lawyers Forum was arrested is currently pending before a competent Court of law and it is therefore sub judice .
The group noted that ” the police is fully aware that it cannot constitutionally usurp the power of the Court as guaranteed in Section 6( 6) ( b) of the 1999 Constitution of the Federal Republic of Nigeria, ( as amended), by purporting to investigate a matter under judicial
determination ” it opined .
” Such conduct strikes at the heart of the doctrine of the separation of powers and the supremacy of the Constitution “
The group observed.
Continue it stated that ” in the case of Kalu Vs FRN ( 2014), 1 NWLR ( PT 1389), 479, the Court held amongst other things that there must not be interference with the administration of justice when a matter is pending before a competent Court of Law”
The Forum averred that ” the action been questioned against Muhuyi were statutory functions, lawfully and dutifully carried out in the course of his service as a public servant pursuant to section 9 of the public Complaint and Anti- Corruption Commission “
” It’s dangerous precedent for any society to begin to criminalise of a public , for act done in good faith pursuant to their statutory mandate” it warms
The expressed concern about the heavily armed police officers sent to arrest Muhuyi saying,
” Even more disturbing is the manner of his arrest . A legal practitioner, minister in the temple of justice was by arrested by heavily armed officers , accompanied by five Vans as though he was a violent criminals, bandit or a kidnapper”
The group also condemned the brazen deploy of excesses in the arrest of a lawyer while admonishing the police authorities not reduce itself to instruments of oppression.
” The rules of law must be preserved, especially for one who has served the public within the confines of the law should not be subjected to such degrading treatment ‘
The group appeal to the inspector General of police , Mr. Kayode Egbetokun to investigate the role of the police in the unlawful arrest and detention of Muhuyi and release him in the interest of justice.
☆☆☆ Enough is Enough of Boko Haram and ISWAP Attacks.
☆☆☆ We Shall Take The Fight To Their Enclaves.
By: Special Correspondent.
Again, Borno state Governor, Professor Babagana Umara Zulum has vowed to explore all options in ending renewed acts of terrorism plaguing his state.
Speaking while on sympathy tour of four Local Government Areas in the Southern part of the state that suffered attacks recently, Zulum declared that he has put in place new measures that will put and end to the menace.
He told newsmen in Damboa, headquaters of Damboa Local Governmnt that, he has toured Gwoza, Damboa, Chibok and Askira Uba Local Governmens and he is convinced that the end of Boko Haram and ISWAP are foreseen.
Bedides the envisaged closer collaboration with the Military, Civilian JTF, Hunters, Vigillantees and Forest Guards, he said, the resilence of the communities in the face of the attacks, are pointers to the fact that, the terrorists will henceforth meet their match.
“We have visited four Local Governments and had useful discussions with the Military and others and we also met with the communities, towards putting in place far reaching measures to end the problem”, Zulum said.
While praising the resilence of the Military and the various communities, the Governor promised to further support them with equipment and logistics, in order to take the fight to the terrorists’ enclaves.
He vowed that, with the new measures, which will soon begin to unfold, coupled with the equally new innitiatives by the Federal Government, no single Local Government in Borno risks being runover by Boko Haram or ISWAP.
Although he did not disclose details of the new innitiatives to vounter the tertorist, Governor Zulum asdured that, he is confident of bicyory over tertorists.
He argued that, Government has provided all the needed rooms for willing terrorists to surrunder, and there is no further option than to take them head on, so that citizens could have peace.
The Governor who took along prominent political stakeholders from southern Borno on the tour, maintained that, he is ready to pay the ultimate price, to achieve peace and shall not spare anybody who attempts to sabotage him.
National Trail reports that, Governor Babagana Zullum who proceeded to Cameroun after the sympathy visit, has ewually pledged to explore diplomatic channels of returning all Nigerians who fled to Cameroun back to their ancestral homes.
He said, he is aware that, most of the refufugees in Cameroun fled from Gwoza and adjourning Local Gocernments, hence his visit to Cameroun in the quest to bring them back.
Barr. Muhuyi: Arewa Young Lawyers Forum, Condemn Arbitrary Arrest , Detention, Urge Egbetokun to Order His release
Barr. Muhuyi: Arewa Young Lawyers Forum, Condemn Arbitrary Arrest , Detention, Urge Egbetokun to Order His release
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