ESQ Legal Practice Magazine JUNE 2014 EDITION | Page 71

THE ROLE OF LAWYERS
IN DIASPORA IN SHAPING
QUALIFICATION AS A LEGAL
PRACTITIONER IN NIGERIA AND
CONTINUING LEGAL EDUCATION
INTRODUCTION
A Nigeria Lawyer in diaspora
is a legal practitioner whose
domicile is outside the shores
of Nigeria. He might have
been called to the Nigerian Bar
or not; but he is a qualified
legal practitioner (Solicitor or
Barrister or both) where he is
based.

two stages – (i) at the
University; and (ii) at the
Nigerian Law School. There
are now thirty six (36)
accredited Law Faculties in
Nigeria. Products of these
institutions on graduation
proceed to the Nigerian Law
School for the Bar vocational
training programme, which
spans a period of twelve
calendar months, inclusive of
The Nigerian Lawyer in
examinations and externship
diaspora is usually well
programme. A successful
trained, highly skilled and
candidate at the Bar Final
competent. It can also be
examinations is issued a
assumed that he is patriotic
qualifying certificate by the
and keen to plough back his
Council of Legal Education,
expertise as much as possible, stating that he is qualified to
especially if conducive
be called to the Bar. He is
atmosphere exists back home. thereafter considered (pursuant to his application), by the
Body of Benchers for call to
Nigerian Legal Education is
the Bar if: (a) he is a citizen of
moulded after the British
Nigeria; (b) he produces a
Legal Education; and
stemming from the Unsworth qualifying certificate to the
Benchers; and (c) he satisfies
Commission's report and
the Benchers that he is of good
recommendations in 1962,
legal education is acquired in character.

LAW PRACTICE TODAY
In recent years, the legal
profession has been criticized
from within and even outside
the rank of lawyers for (i) the
quality service provided; and
(ii) running foul of professional ethics by its members.
The Nigerian Bar Association
had noted with regret that
the justice sector is literally in
a state of emergency, with too
many lawyers ill-equipped to
fulfill the professional
requirements of clients and
the nation.
It made proposals to make
legal practice more relevant
and productive, including the
forwarding of Bills to the
National Assembly in 2012 for
Justice Sector Reform. The
Bills are to amend the Legal
Practitioners Act, the Legal
Education Act; and a third one
tagged the Legal Services Bill,
proposed to entrench far

Nigerian Legal Education is moulded after the British Legal Education;
and stemming from the Unsworth Commission's report and recommendations in 1962, legal education is acquired in two stages – (i) at the
University; and (ii) at the Nigerian Law School. There are now thirty six
(36) accredited Law Faculties in Nigeria. Products of these institutions on
graduation proceed to the Nigerian Law School for the Bar vocational
training programme, which spans a period of twelve calendar months,
inclusive of examinations and externship programme.
71 I EsQ legal practice

By Olanrewaju Onadeko
DG, Nigerian Law School

reaching changes in line with
international best practices on
how law should be practiced
in Nigeria.
A lot of the blame for waning
standard has been attributed
to the training of lawyers at
the two levels earlier mentioned. Needless to say, the
Nigerian Law School - being
at the apex has always
invariably, but unfairly borne
the brunt of the criticism.
There is a danger in allowing
the noted flaws to persist,
because it will adversely affect
the participation of Nigerian
Lawyers in globalised legal
services; including crossborder practice.
Of note is the General
Agreement on Trade in
Services (GATS), which has
been in force since 1995. The
GATS which deals with
services, is a multilateral
treaty based agreement,
inspired by the same objectives as its counterpart in
merchandise trade - the
General Agreement on Tariffs
and Trade (GATT). The main
difference between the two
being that GATT dealt with
trade and merchandise, while
GATS relates to services. In
essence, countries that ratify
GATS would commit them-

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