Draft regulation for decent law practice in Nigeria now ready – Wole Olanipekun, SAN

Advises against kicking off without mentorship

 

Emmanuel Ukudolo l Thursday, July 27, 2022

 

ABUJA, Nigeria – Chairman, Body of Benchers, Chief Wole Olanipekun, SAN says draft regulation for decent law practice in Nigeria is now ready.

Chief Olanipekun, who was speaking during the graduation  ceremony of law students held at the auditorium of Body of Benchers in Abuja, said the Regulation Committee saddled with the responsibility has submitted the draft, adding that when approved it will become binding on all legal practitioners, who will be restricted to initiating and filing causes and matters where the said causes of action arise or as provided by the Rules of the adjudicating courts.

“Just as it is provided under the Matrimonial Causes Rules, lawyers will be required to sign and file certain Forms and documents, indicating compliance with the Regulations before filing any originating process at trial courts. Any infraction or breach of the Regulations would amount to professional misconduct”, he told the audience.

He said the Body of Benchers came up with the Regulation Committee as a result of the disturbing trend of “Forum Shopping in Nigeria, a very reprehensible conduct introduced to the practice of law recently, whereby litigants and legal practitioners shop for ‘friendly venues and judexes’ to file and litigate otherwise frivolous and questionable causes, purportedly arising out of the jurisdictions where the actions are eventually filed, pursued and prosecuted.

This ugly practice, he explained is permeating the entire Nigerian legal landscape, leading to churning out, on regular basis, of conflicting orders and decisions of courts of coordinate jurisdictions.

Speaking on respect for the court, bench and colleagues, the Senior Advocate of Nigeria said the Bench is enjoined to extend courtesies and respect to the Bar at all times.

“However, under no circumstance should any lawyer or legal practitioner be rude to the court or make any uncomplimentary remarks against any Judex, while inside the courtroom; and this admonition extends to comments made ex facie curiae”, he said and  that  lawyers should extend courtesies to colleagues at the Bar, irrespective of age or sex and notwithstanding the subject matter of litigation.

“All over the world, lawyers describe themselves as ‘learned friends’ and not ‘learned enemies’, ‘learned foes’ or ‘learned adversaries’. Whatever might be the exigencies of any moment or particularity of any brief, always bear in mind that ‘this time shall pass’”, he warned.

 He advised lawyers against starting on their own without going through any mentorship, which he said is against the rule of nature.

“Do not make it a trial by error voyage, rather strive to learn under an identified master. Most of us here on the distinguished Body of Benchers had our mentors who acted as our guardians, and through whose portals we emerged”, he said,  warning against haste  in pursuit of wealth.

“No lawyer, however brilliant, has ever made it in a day. Learn how to crawl before you walk. The legal profession is not a hundred-meter dash; it is not a short journey or sprint; instead, it is a long-distance run. You will surely get to a successful destination and berth at a dignified and honourable port in no distance future.

He advised the young lawyers not to join the teeming tribe of lawyers who always choose to ‘address the court’ ‘outside court’, that is, counsel who choose to play to the gallery after leaving the courtroom, by making submissions, which ought to have been made in the courtroom, either before a crowd or any other motley assembly.

“These ex-curiae submissions diminish the status of the profession and do not speak well of counsel, whether of the Outer or Inner Bar”.