NIGERIAN LEGAL SYSTEM
INTRODUCTION.
The Federal
Republic of Nigeria is located in the Western part of Africa. It became an
independent state on October 1, 1960, after about 100 years
under British colonization, and attained a republican status within the British Commonwealth three years after in 1963. Since independence, Nigeria has come under both military and civil administrations. On 29 May 1999, after a general election which ushered in the present democratic dispensation, popularly referred to as “the Fourth Republic”, Chief Olusegun Obasanjo, a retired Army General and a one-time military Head of State, became the President and Commander-in-chief of the Armed Forces. President Olusegun Obasanjo’s ruling party, the People’s Democratic Party, also won the second term after another general election in April 2003. In view of the fact that 28 of Nigeria’s post independence years were spent under the Military, the country may rightly be said to be experiencing its tender years of democracy.
under British colonization, and attained a republican status within the British Commonwealth three years after in 1963. Since independence, Nigeria has come under both military and civil administrations. On 29 May 1999, after a general election which ushered in the present democratic dispensation, popularly referred to as “the Fourth Republic”, Chief Olusegun Obasanjo, a retired Army General and a one-time military Head of State, became the President and Commander-in-chief of the Armed Forces. President Olusegun Obasanjo’s ruling party, the People’s Democratic Party, also won the second term after another general election in April 2003. In view of the fact that 28 of Nigeria’s post independence years were spent under the Military, the country may rightly be said to be experiencing its tender years of democracy.
The Federal
Republic of Nigeria is made up
of 36 states and a Federal Capital Territory located in Abuja. The states are as follows: Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross-River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nassarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe, Zamfara. At independence, Nigeria consisted of three regions, namely, the Northern Region, the Eastern Region and the Western Region. Apart from the Mid-Western Region which was carved out of the Western Region in 1964 through the process laid down by the 1963 Republican Constitution, the other five subsequent exercises of creation of states were undertaken by the Military. Because of the multiplicity of these states, they are as a matter of convenience and political expediency grouped into the six geo-political zones of North East, North West, North Central, South East, South West and South South.
of 36 states and a Federal Capital Territory located in Abuja. The states are as follows: Abia, Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross-River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nassarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe, Zamfara. At independence, Nigeria consisted of three regions, namely, the Northern Region, the Eastern Region and the Western Region. Apart from the Mid-Western Region which was carved out of the Western Region in 1964 through the process laid down by the 1963 Republican Constitution, the other five subsequent exercises of creation of states were undertaken by the Military. Because of the multiplicity of these states, they are as a matter of convenience and political expediency grouped into the six geo-political zones of North East, North West, North Central, South East, South West and South South.
There are
close to 250 cultural groups in Nigeria, but the three major languages are
Hausa, Igbo and Yoruba, while English is the official language (the reason
being that we were colonized by Britain).
NIGERIA’S
LEGAL SYSTEM
The Nigerian
legal system is based on the English common law legal tradition by virtue of
colonization (by the British people) and the attendant incidence of reception
of English law through the process of legal transplant. According to Obilade
(1979) English law has a tremendous influence on the Nigerian legal system, and
“English law forms a substantial part of Nigerian law”. The sources of Nigerian
law are:
1· The Constitution
2· The Legislation
3· English law
4· Customary law
5· Islamic law,and judicial precedents
e.t.c.
The
Constitution of the Federal Republic of Nigeria 1999 regulates the distribution
of legislative business between the National Assembly, which has power to make
laws for the Federation and the House of Assembly for each State of the
Federation. The current legislation in force at the federal level is largely
contained in the Laws of the Federation of Nigeria 1990 (LFN). Laws made after
the 1990 law revision exercise of the
federal laws are to be found in the Annual Volumes of the Laws of the
Federal Republic of Nigeria. Federal laws under the Military, known as Decrees, and state laws, known as Edicts, form the bulk the primary
legislation.
Each of the
36 states and the Federal Capital Territory (FCT) Abuja has its own laws. Some
states have in recent times undertaken law revision exercises to present their
laws in a compact and comprehensive form to guarantee easy access. Most of the
pre-1990 Decrees were incorporated into the LFN and those patently incompatible
with the new constitutional order were repealed on the eve of the inauguration of
a new democratic government in May 1999. Primary and subordinate legislation in
force on the coming into operation of the Constitution are treated by the
Constitution as existing laws and deemed to have been made by the appropriate
legislative body with competence to do so under the 1999 Nigerian Constitution.
Legislation has been described as
the most important source of Nigerian law. This
is partly because all other sources of Nigerian law are considered as such by
virtue of a piece of legislation or the other.
English Law
This
consists of:
(a) The
received English law comprising of:
(i) The common law;
(ii) The
doctrines of equity;
(iii)
statutes of general application in force in England on January 1, 1900;
(iv)
statutes and subsidiary legislation on specified matters and
(b)English
law (statutes) made before October 1, 1960 and extending to Nigeria which are
not yet repealed. Laws made by the local colonial legislature are treated as
part of Nigerian legislation. The failure to review most of these laws
especially in the field of criminal law has occasioned the existence of what
may be described as impracticable laws or legal provisions which are honored
more in breach than in observance. Despite the influence of English Law, the
Nigerian legal system is very complex because of legal pluralism.
Customary Law
The
traditional classification of customary law is into the following categories:
1· Ethnic/Non-Moslem
2· Moslem law/ Sharia
In the
states in the Southern/Northern part of the country, Moslem/Islamic law, where
it exists, is integrated into and has always been treated as an aspect of the
customary law. Since 1956, however, Islamic law has been administered in the
Northern states as a separate and distinct system. Even then it has only been
in relation to Muslim personal law. However, it is better to accord Islamic law
its distinct status as a separate source of law because of its peculiarities in
terms of origin, nature and territorial and personal scope of application. In
recent times the judiciary has been able to create courts in the north for
those who don’t want to undergo the sharia court or judgement by the alkahali.
Ethnic
/ Non-Moslem Law
The ethnic customary law is the indigenous
law that applies to the members of the different ethnic groups. Nigeria is made
up of several ethnic groups each with its own variety of customary law. Customary law is a system of law that
reflects the culture, customs, values and habits of the people whose activities
it regulates. It has been described as a mirror of accepted usage.
Customary law is particularly dominant in the area of personal and family
relations like marriage, divorce,
guardianship and custody of children
and succession.
Naturally, differences in the customary laws of different ethnic groups do exist and this must be taken for granted. Even within an ethnic group, instances of pockets of differences in aspects of customary law are noticeable. For example, the marriage customs and inheritance rules of the Ibos of the South Eastern Nigeria are different from those of the Yorubas of the South Western Nigeria. Beyond this the customary values and systems of various Yoruba sub-ethnic groups are bound to be different even if they are in the same State. Unfortunately, ethnic customary law is unwritten, uncertain and difficult to ascertain. It is flexible and has the capacity to adapt to social and economic changes without losing its character.
There have been instances of legislative interventions to modify and at times abrogate rules of customary law. Customary law is usually enforced in customary courts, the courts at the lowest rung of the hierarchy of courts, which in most cases are presided over by non-legally trained personnel, though higher courts are equally permitted to observe and to enforce the observance of rules of customary law by their enabling laws. It is to be noted the bulk of causes on the Cause List of customary courts, especially in South Western Nigeria, are matters relating to the dissolution of traditional marriages.
Naturally, differences in the customary laws of different ethnic groups do exist and this must be taken for granted. Even within an ethnic group, instances of pockets of differences in aspects of customary law are noticeable. For example, the marriage customs and inheritance rules of the Ibos of the South Eastern Nigeria are different from those of the Yorubas of the South Western Nigeria. Beyond this the customary values and systems of various Yoruba sub-ethnic groups are bound to be different even if they are in the same State. Unfortunately, ethnic customary law is unwritten, uncertain and difficult to ascertain. It is flexible and has the capacity to adapt to social and economic changes without losing its character.
There have been instances of legislative interventions to modify and at times abrogate rules of customary law. Customary law is usually enforced in customary courts, the courts at the lowest rung of the hierarchy of courts, which in most cases are presided over by non-legally trained personnel, though higher courts are equally permitted to observe and to enforce the observance of rules of customary law by their enabling laws. It is to be noted the bulk of causes on the Cause List of customary courts, especially in South Western Nigeria, are matters relating to the dissolution of traditional marriages.
Islamic
Law / Sharia / Moslem Law.
Islamic law,
unlike ethnic customary law, is written. Its principles are clearly defined and
articulated. This system of law has worked with detailed thoroughness and
incisive precision. It is based on the Islamic religion and was introduced into
Nigeria by its practitioners as a consequence of a successful process of
Islamization.
This system of law is based on the Holy Koran and the teachings of Prophet Muhammad. In some areas Islamic law after its introduction completely supplanted the pre-existing system of customary laws whereas in other areas it became incorporated with customary law and the two systems have become fused and are jointly administered. Islamic law is being enforced in some states of Nigeria especially in the Northern part where populations are predominantly Moslem.
The scope of operation of Islamic law has been broadened since the introduction of the Sharia legal system in the present democratic dispensation in a number of Northern states such as Zamfara, Kano, Kaduna, and Sokoto among others. The principal feature of this new development is the introduction of religious based criminal offences, especially on matters of morality and the introduction of punishments sanctioned by the Koran. The apex court, the Supreme Court of Nigeria, has not had the opportunity to pronounce on the constitutionality of punishments like amputation and stoning of a person to death, which the Sharia prescribes for certain offenses.
This system of law is based on the Holy Koran and the teachings of Prophet Muhammad. In some areas Islamic law after its introduction completely supplanted the pre-existing system of customary laws whereas in other areas it became incorporated with customary law and the two systems have become fused and are jointly administered. Islamic law is being enforced in some states of Nigeria especially in the Northern part where populations are predominantly Moslem.
The scope of operation of Islamic law has been broadened since the introduction of the Sharia legal system in the present democratic dispensation in a number of Northern states such as Zamfara, Kano, Kaduna, and Sokoto among others. The principal feature of this new development is the introduction of religious based criminal offences, especially on matters of morality and the introduction of punishments sanctioned by the Koran. The apex court, the Supreme Court of Nigeria, has not had the opportunity to pronounce on the constitutionality of punishments like amputation and stoning of a person to death, which the Sharia prescribes for certain offenses.
Judicial Precedents
The Supreme
Court is the highest court of the land. It replaced the Judicial Committee of
the Privy Council in 1963 as the final court of appeal. The Court of Appeal
(originally known as the Federal Court of Appeal) was established in 1976 as a
national penultimate court to entertain appeals from the High Courts, which are
the trial courts of general jurisdiction. The Court of Appeal sits in 10
Judicial Divisions scattered throughout the country but it is still a single
court and is ordinarily bound by its own decisions.
The Court of Appeal and all lower courts are bound by the decisions of this Supreme Court. The High Courts and other courts of coordinate and subordinate jurisdiction are equally bound by the decisions of the Court of Appeal. The doctrine of judicial precedents does not apply rigidly to certain courts like the customary/area courts and the Sharia courts in Nigeria.
The Court of Appeal and all lower courts are bound by the decisions of this Supreme Court. The High Courts and other courts of coordinate and subordinate jurisdiction are equally bound by the decisions of the Court of Appeal. The doctrine of judicial precedents does not apply rigidly to certain courts like the customary/area courts and the Sharia courts in Nigeria.
Judiciary
By virtue of
Section 6 (1) of the Nigerian Constitution 1999 the following courts are
established in the Federal Republic of Nigeria:
1. The Supreme Court of Nigeria;
2. The Court of Appeal;
3. The Federal High Court;
4. The High Court of the Federal Capital
Territory,
5. A High Court of a State
6. The Sharia Court of Appeal of (FCT)
7. A Sharia Court of Appeal of a State;
8. The Customary Court of Appeal of the Federal
Capital Territory, Abuja;
9. A Customary
Court of Appeal of a State
The courts
established by the Constitution are the only superior courts of record in
Nigeria. The Constitution empowers the National Assembly and the Houses of
Assembly to establish courts with subordinate jurisdiction to the High Courts.
Courts established pursuant to the Constitution are invariably inferior courts
of record notwithstanding the status of the officer presiding in the courts.
The Supreme
Court is the highest court and all decisions from the court are binding on all
other courts. In Nigeria, the state court structure dovetails into the federal
court structure at the level of the Court of Appeal. The Court of Appeal
entertains appeals from the decisions of the High Courts, the Sharia Courts of
Appeal and the Customary Courts of Appeal. Appeals from the decisions of the
Court of Appeal go to the Supreme Court. In effect the Supreme Court is not
only a Supreme Court on federal matters, it is also the final court in respect
of state laws. However, in terms of administrative responsibility, State High Courts are the most
important courts in each state. This assertion is strengthened because whereas
the Constitution has established a High Court for each State directly, each
state has an option to establish a Sharia Court of Appeal or a Customary Court
of Appeal.
The inferior courts which are established pursuant to constitutional provisions include Magistrate Courts, District Courts, Area/Sharia Courts, and Customary Courts. By and large these courts are established by State Laws, except for the Federal Capital Territory and the judicial hierarchy and the nomenclatures of inferior courts are dissimilar. The High Courts and other specialized courts exercise supervisory and appellate jurisdiction over the inferior courts.
The inferior courts which are established pursuant to constitutional provisions include Magistrate Courts, District Courts, Area/Sharia Courts, and Customary Courts. By and large these courts are established by State Laws, except for the Federal Capital Territory and the judicial hierarchy and the nomenclatures of inferior courts are dissimilar. The High Courts and other specialized courts exercise supervisory and appellate jurisdiction over the inferior courts.
Supreme
Court
↓
Court of
Appeal
↓
High Court
(Federal High Court, High Court of FCT and High Courts of States); Sharia Court
of Appeal, Customary Court of Appeal
↓
Magistrates’/District
Court
↓
Customary
Courts/Area Courts/Sharia Courts
Notwithstanding
the federal status of Nigeria, the federal and the state court systems are not
in two parallel lines. It is only to a limited extent that it may be asserted
that each state has its own legal system as it will be shown below.
GOVERNMENT
BODIES
The system
of government in the Federal Republic of Nigeria is modeled after the American
presidential system with the following arms of government:
- · The Legislature
- · The Executive
- · The Judiciary
Legislature
The Federal
Legislature is responsible for law making and it follows law making procedures
as specified in Sections 58 and 59 of the 1999 Constitution. The legislature is
bicameral and made up of the:
- · Senate
- · House of
Representatives
The Senate
is made up of 109 elected members while the House of Representatives has 360
members. The membership of the Senate is on the basis of equality of states
with each state having three Senators. The Federal Capital Territory (FCT) is
represented by one senator. The number of Representatives elected by each State
is determined on the basis of population.
Each state
also has its own law making organ known as the House of Assembly. The members
elected into the Houses of Assembly represent the various state constituencies
usually delineated on the basis of population.
All
legislators are elected for a 4 year term, though the electorates reserve the
power to recall any legislator.
Executive
The
Executive power of the Federation is vested in the President by virtue of
Section 5(1) (a) of the 1999 Constitution. Such powers can be administered directly
or through the Vice-President or Ministers or officers of the Government.
Similarly in the states the executive power of a state is vested in the
Governor and may be exercised directly by the Governor or through the Deputy
Governor, Commissioners or other public officers.
See the
Nigerian constitution for the functions of the executive.
Judiciary
By virtue of
Section 6 (1) of the Nigerian Constitution 1999 the following courts are
established in the Federal Republic of Nigeria:
1. the Supreme Court of Nigeria;
2. the Court of Appeal;
3. the Federal High Court;
4. the High Court
5. a High Court of a State
6.the Sharia Court of
Appeal of the Federal Capital Territory, Abuja;
7. a Sharia Court of Appeal
of a State;
8. the Customary Court of
Appeal of the Federal Capital Territory, Abuja;
9. a Customary Court of
Appeal of a State
The courts
established by the Constitution are the only superior courts of record in
Nigeria. The Constitution empowers the National Assembly and the Houses of Assembly
to establish courts with subordinate jurisdiction to the High Courts. Courts
established pursuant to the Constitution are invariably inferior courts of
record notwithstanding the status of the officer presiding in the courts.
The Supreme
Court is the highest court and all decisions from the court are binding on all
other courts. In Nigeria, the state court structure dovetails into the federal
court structure at the level of the Court of Appeal. The Court of Appeal
entertains appeals from the decisions of the High Courts, the Sharia Courts of
Appeal and the Customary Courts of Appeal. Appeals from the decisions of the
Court of Appeal go to the Supreme Court. In effect the Supreme Court is not
only a Supreme Court on federal matters, it is also the final court in respect
of state laws.
However, in
terms of administrative responsibility, State High Courts are the most
important courts in each state. This assertion is strengthened because whereas
the Constitution has established a High Court for each State directly, each
state has an option to establish a Sharia Court of Appeal or a Customary Court
of Appeal. The inferior courts which are established pursuant to constitutional
provisions include Magistrate Courts, District Courts, Area/Sharia Courts, and
Customary Courts. By and large these courts are established by State Laws,
except for the Federal Capital Territory and the judicial hierarchy and the
nomenclatures of inferior courts are dissimilar. The High Courts and other
specialized courts exercise supervisory and appellate jurisdiction over the
inferior courts.
PRIMARY
& SECONDARY SOURCES OF INFORMATION
Like all
jurisdictions of the world, legal literature of the Nigeria is made up of
primary and secondary sources. The list of these materials is exhaustive but we
will attempt to mention a few. Copies of some of these materials are available
in the Library of Congress and the Institute of Advanced Legal Studies, London.
Primary
Sources
There are
many law reports that have been published over the years. There is no
government organ solely responsible for law reporting. However, individual law
reports published on a commercial basis are thriving, even though the life-span
of some of these publications is epileptic because of the high cost of
production. The following is a list of law reports that have been published
over the years:
- Nigeria Law Report
- All Nigeria Law
Reports
- Nigerian Monthly Law
Reports
- Law Reports of
Nigeria
- Federation of Nigeria
Law Reports (Published by Evans Brothers (Nigerian Publishers) Limited)
- Selected Judgments of the West African Court
of Appeal (WACA)
- Western Region of
Nigeria Law Reports
- Eastern Region of
Nigeria Law Reports
- Northern Region of
Nigeria Law Reports
- Sharia Law reports of
Nigeria
- Customary law in
Nigeria through the cases
- Quarterly Law Reports
of Nigeria (Published by University Press Ltd., Ibadan)
- Nigerian Weekly Law Reports
(Published by Nigerian Law Publications Ltd, Lewis Street, Lagos)
- Nigerian
Constitutional Law Reports (Published by Nigerian Law Publications Ltd, Lagos)
- Supreme Court of
Nigeria Judgments (Published by Liberty Publishers, Kaduna)
- Nigerian Supreme
Court Cases (Published by Deji Sasegbon & Co., 203 Ikorodu Road, Lagos)
- Supreme Court Reports
(Published by Law Breed & Co Ltd)
- Nigerian Commercial
Law Cases
- Weekly Reports of
Nigeria (Published by Legal Text Publishing Co. Ltd, Ikeja, Lagos)
- Supreme Court Monthly
(Published by St. Paul’s Publishing House 221, Obafemi Awolowo Way, Oke Ado,
Ibadan)
Some
Nigerian daily newspapers have a comprehensive section for law reporting and
other legal matters (especially unreported judgments) as listed below:
1. The Guardian (Tuesdays)
2. This Day (Tuesdays)
3. The Vanguard (Fridays)
The
International Center for Nigerian Law, a private organization, has a
comprehensive link with access to some Nigerian legislation and cases on
http://www.nigeria-law.org.
Secondary
Sources
Members of
Nigerian academia, the bench, and the bar have written a lot of legal
textbooks. This list is exhaustive but we will attempt to mention a few of
them.
- Adesanya,
S.A., Laws of Matrimonial Causes, Ibadan: Ibadan University Press, 1973.
- Agbede, I.
O., Themes on Conflict of Laws, Ibadan: Shaneson, 1989
- Agbede, I.
O. Legal Pluralism, Ibadan: Shaneson, 1991.
- Aguda,
Akinola, The Law of Evidence Ibadan Spectrum Books Limited, 1966.
- Akande, J.,
Miscellany at Law and Gender Relations Lagos: MIJ Professional Publishers,
2000.
- Akande, J.O.
The Constitution of the Federal Republic of Nigeria 1999 with annotations
Lagos: MIJ Professional Publishers, 1999.
- Asein, J.
O., Introduction to the Nigerian Legal System, Ibadan: Sam Bookman, 1998.
- Babalola, A.
Injunctions and Enforcement of Orders Ile-Ife: Obafemi Awolowo University
Press, 2000.
- Doherty, O.
Legal practice and management in Nigeria, London: Cavendish Publishing, 1998.
- Elegido, J.
M., Jurisprudence, Ibadan: Spectrum Books Limited, 1994.
- Elias, T.O.,
Nigerian Land Law, 4th ed., London: Sweet & Maxwell, 1971.
Journals
- Nigerian Law
Journal (Journal of the Nigerian Association of Law Teachers)
- Nigerian Law
and Practice Journal (Journal of the Nigerian Law School)
- Nigerian
Current Law Review (Journal of the Nigerian Institute for Advanced Legal
Studies)
- Ahmadu Bello
University Law Journal
- Obafemi
Awolowo University Law Journal
- The Nigerian
Journal of Contemporary Law (Journal of the Faculty of Law, University of
Lagos)
- Ibadan
University Law Review
- The Calabar
Law Journal (Journal of the Faculty of Law, University of Calabar, Nigeria)
- The
Commercial and Industrial Law Review
- Nigerian Bar
Journal (Journal of the Nigerian Bar Association)
- Ibadan Bar
Journal (Journal of the Nigerian Bar Association, Ibadan Branch)
Legal
Publishers
The
following are prominent legal publishers in Nigeria:
- MIJ
Professional Publishers
- Nigerian Institute of Advance Legal Studies
- Nigerian Law Publications
- Spectrum Books Ltd
Government
Publications
There is the
Federal Government Press Department which is responsible for the publication
and sale of Gazettes and other government notices. The Federal Government Press
is located in Lagos and Abuja. Some Federal Government publications can be
accessed at: http://www.nigeria.gov.ng/eGovernment/publications.html. Each
state has a government press which is also responsible for state government
publications.
International
Law
Nigeria is a
signatory to many international instruments. Nigeria is a member of the United
Nations, The Commonwealth among others. It is also important to note that
several Nigerian judges have served and are still serving on a number of
international tribunals and courts.
LEGAL
EDUCATION
The Council
of Legal Education is the supervisory body responsible for the accreditation,
control and management of legal education in Nigeria. The Council is in charge
of the Nigerian Law School, a vocational institution responsible for the
education and training of prospective legal practitioners in Nigeria. The
Nigerian Law School’s headquarters is located in Abuja and there are other 3
campuses of the Nigerian Law School in Enugu, Kano and Lagos. Persons wishing
to study law in Nigeria must first undergo undergraduate training in Nigerian
universities for the award of an LL.B degree after which they proceed to the
Nigerian Law School for practical training in any of its campuses.
Successful candidates in the Bar Final examinations are called to the Nigerian Bar if they satisfy the Benchers that they are of good character. The Council of Legal Education also recognizes some foreign degree holders from accredited overseas institutions for purposes of admission. In order to qualify to practise as a legal practitioner in Nigeria, a person called to the Nigerian Bar must enroll as a Solicitor and Advocate of the Court of the Supreme Court of Nigeria.
Successful candidates in the Bar Final examinations are called to the Nigerian Bar if they satisfy the Benchers that they are of good character. The Council of Legal Education also recognizes some foreign degree holders from accredited overseas institutions for purposes of admission. In order to qualify to practise as a legal practitioner in Nigeria, a person called to the Nigerian Bar must enroll as a Solicitor and Advocate of the Court of the Supreme Court of Nigeria.
LEGAL
PROFESSION
It is by
virtue of enrollment at the Supreme Court that an individual can become a legal
practitioner and a member of the legal profession in Nigeria. A legal
practitioner is enrolled in Nigeria both as a Solicitor and Advocate
(Barrister) because, unlike in England, the legal profession is fused. The
activities and conduct of members of the legal profession are regulated by
statutory bodies like the General Council of the Bar and the Body of Benchers.
The bodies are established by the Legal Practitioners Act, Cap. 207, LFN 1990.
The Nigerian
Bar Association (N.B.A) is the foremost professional association in the legal
profession. Though the N.B.A. is not a statutory body, it is recognized by
statutes and it appoints members to supervisory bodies in the legal profession.
In fact the representatives of the N.B.A. participate in the deliberation of a
constitutional organ, the National Judicial Council, for the purpose of
considering the names of persons for appointment to the superior courts of
record. The N.B.A. which had been organized at national level before
independence now has 86 recognized branches organized along judicial divisions
of State High Courts, with at least one Branch in each of the 36 states.
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