NIGERIAN LAW SCHOOL
LAGOS CAMPUS
2015/2016 (NOVEMBER) SESSION
ANSWERS TO THE TASK ON PROFESSIONAL
ETHICS AND SKILLS
(WEEK 4) GROUP 2
QUESTION 1
A legal practitioner employed
in the public service of the federation or state is generally prohibited from private practice. In that
regard, Manilla Manitoba’s employment with the Ministry of Defence prevents him
from offering legal services to any other class of the society, except in a situation
where such services is rendered on humanitarian grounds and without a fee
involved. This position is emphasized in the S 1(2) and S 1(3) Regulated and other
professions (private Practice Prohibition) Act. Manilla Manitoba’s action is
however a breach of paragraph 2(b) of code of Conduct for Public Officers, 5th
Schedule Part 1 of the 1999 constitution as amended.
QUESTION
2
By virtue of Rule 1 (a) and
(b) Senior Advocates of Nigeria (Privileges and Functions) Rules 2011 the
privileges of a Senior Advocate of Nigeria include but not limited to;
i. the right to sit at the inner bar or front row where there is no
inner bar. This is provided for in S.6(1) (b) of the LPA.
ii. a right to mention his case or motion in which he is appearing
or any other cause or matter which is on the list for mention.
(a)
The
objection of the prosecuting state counsel is a valid one because a Senior
Advocate of Nigeria cannot appear before an inferior court of which the
Magistrate court is one. In the case of Registered Trustees of ECWA v Ijesha (1999), 13NWLR, Part 635, it
was held that a Senior Advocate of Nigeria cannot appear before or settle any
document before any inferior court.
(b)
The
restriction that a Senior Advocate cannot appear at a
Magistrate Court does not affect the junior counsel from his firm as long as he
is not holding brief for the senior advocate but appearing as a counsel on
behalf of the accused.
QUESTION 3
(A) In support of the objection raised, Rule 17(5) provides
that a lawyer shall not appear as counsel for a client in a legal proceeding in
which the lawyer himself is a party.
And against the objection
raised, there is no exception to the rule in 17(5) above.
(B) Assuming it was a civil matter, our answer will
not be different.
QUESTION 4
(a)
Since
the job description of Alhaji Kunyama Karshi in the commission is not that of a
law officer but he is there as a Public Relation Officer, he cannot appear as a
counsel for the Independent Corrupt Practices Commission. Rule 8 (1) Rules of
Professional Conduct provides that a lawyer whilst a servant or in a salaried
employment of any kind, shall not appear as advocate in a court or judicial
tribunal for his employer except where the lawyer is employed as a legal
officer in a Government department.
(b)
The
conduct of Alhaji Kunyama Karshi does not amount to impersonation of a legal
practitioner because S 24 of the Legal Practitioners’ Act defines a legal
practitioner as a person entitled in accordance with the provisions of the Act
to practice as a Barrister or as a Barrister and Solicitor either generally or
for the purposes if any particular office or proceedings and by virtue of this
provision, he is a legal practitioner and his holding the position as a PRO
does not deprive him of being a legal practitioner.
QUESTION
5
By the actions and conducts
of Agboro Ojadike we can rightfully infer that he willfully pretends to be a
legal practitioner where he is not. Section 22 (1) (c) of the Legal
Practitioners’ Act prohibits any person other than a legal practitioner from
willfully taking or using any name, title, addition or description falsely
implying or otherwise pretends that he is a legal practitioner or is qualified
or recognized by law to act as a legal practitioner.
Conducts that amount to impersonating
a lawyer in Nigeria include if a person:
(i)
Practices
or holds himself out to practice as a legal practitioner; or
(ii)
Takes or
uses the title of a legal practitioner;
(iii)
from
willfully taking or using any name, title, addition or description falsely implying
or otherwise pretends that he is a legal practitioner or is qualified or
recognized by law to act as a legal practitioner;
(iv)
Prepares
for or in expectation of a reward, any instrument relating to immovable
property or relating to or with a view to the grant of probate or letters of
administration or relating to or with a view to proceedings in any court of
record in Nigeria, is guilty of an offence.
QUESTION
6
(a)
S 292 (2) Constitution of the Federal Republic
of Nigeria 1999 (as amended) provides that
any person who has held office as a judicial officer shall not on ceasing to be
a judicial officer for any reason whatsoever thereafter appear or act as a
legal practitioner before any court of law or tribunal in Nigeria. Furthermore,
Rule 6 (3) Rules of Professional Conduct provides that a judicial officer who
has retired shall not practice as an advocate in any court of law or judicial
tribunal in Nigeria , (5) further states that a judicial officer who has
retired may continue to use the word “Justice” as part of his name
(b)
Mr.
Julian Alabama cannot successfully handle the matter above
(c)
The
answer will be different because magistrates do not suffer restrictions
applicable to judicial officers. Rule 6
(d)
He
cannot defend himself fully robed however he can only defend himself in a suit
as a party to the suit. See Hon. Justice
Atake v. Afejuko (1994) 12 SCNJ 1
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