Archive for September, 2009

September 20th, 2009

Death of a Conscience

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When the conscience of a nation is dead, what happens to that nation? How will it tell right from wrong or in our case, wrong from excruciating error? Gani Fawehinmi was that raging, immense voice that would not let the government get away with anything. He was a household name and not a few lawyers went into the profession desiring to model themselves after the Great man. His death is a loss to the good people of this great nation.

We at The Nigerian Lawyer watched in awe at the seemingly endless parade of tributes and accolades. We were in awe that such a paragon had lived amongst us, but we were even more in awe that there, in the midst of the praise singers, were some who had found him a national treasure of such significance that they had to imprison, sorry, hide him away for safety.

When the whole world and their cousins gathered at his residence, those of us who could only get close enough through the screen had to wonder, is this what Gani would have wanted? Is this how we would have wanted to go out? We do not think so. Gani was a lot of things but he was no hypocrite. He stood for what he believed in and would not keep quiet even when it was in his best interests to do so. He was radical and unapologetically so.

So now he is gone and his death is indeed a loss to Nigeria. Nevertheless, at 71(his age when he died), he would have been retiring from activism eventually. And there would have been no one to take over from him. After decades of new entrees to the numerous Law faculties across the country, it is more than a little baffling that there are not more like him considering that over the years, there have been several self-styled ‘Ganis’ posturing and postulating every chance they got. How come then, that we have not got more conscience driven lawyers who are ready to go any lengths to preserve law and order, fight injustice and uphold the cause of the down trodden? When the SSS arrested several journalists, clearly infringing on their freedom of speech and other constitutional rights, the wigs folded their arms waiting for Gani to ‘say something’. Well, Gani is gone, and to the best of our knowledge, he will not be saying much for now. Unfortunately, it does not look as though any of those who are yet to go would be saying anything as well.

If the leader of a country is the image of that country, then without a doubt, Nigeria is ill. Sadly, we do not have the option of medical treatment in another jurisdiction; the treatment of Nigeria must start with Nigerians and we daresay, with the legal profession. Until there are more people like Gani, willing to sacrifice their personal freedom so that this nation will achieve positive change, growth and development, we will continue stumbling around, a lame giant. As the custodians of the Rule of Law and servants in the Temple of Justice, it stands to reason that that clamour for change must begin with our noble profession.

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September 2nd, 2009

No More Senior Advocates of Nigeria (SAN)

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No More Senior Advocates of Nigeria (SAN)

That was the hue and cry at the Annual General Conference of the Nigerian Bar Association. It was a proposition that was slipped in at every opportunity. To understand the depth and intensity of this cry and the resulting reaction, an appreciation of the rank of Senior Advocate of Nigeria (SAN) is necessary.

The Conferment of the rank of SAN sprung up as an equivalent to the Queens Counsel of England. The first lawyers to be conferred with the rank were Chief Fredrick Rotimi Alade Williams and Bekinbo Graham-Douglas in 1975, which was when the rank was established.

The rank is conferred by the Privileges Committee and is awarded to lawyers who are 10 years or more at the bar. However, conferment is not automatic and since it is a privilege, the rank is not one that is of right; in other words, no one has the right to be conferred with the rank of SAN. Certain conditions need to be met, such as the number of cases handled and the number of Court of Appeal and Supreme Court appearances, to mention just a few and even at that, conferment is totally at the discretion of the Privileges Committee.

Once a lawyer has been conferred with the rank of SAN, he/she becomes a silk wearing member of the Bar. This comes with quite a number of privileges some of which are the right to be heard out of turn at Court and the best seats in Court. One other indirect privilege the holder of the rank enjoys is the best and more lucrative cases are usually for the picking.

So one might ask, why would lawyers wish to eradicate such an honourable icon of accomplishment? There may be several reasons for the abolition of the rank of SAN, but the loudest was the method of conferment. Since the conferment is solely at the discretion of the Privileges Committee, there is obviously little transparency about it all. The general opinion seemed to be that less deserving lawyers were being so honoured while earnest, hard working and deserving lawyers were being overlooked, despite countless applications. There were murmurs and words such as ‘politicizing‘ and ‘cartels‘ were bandied about. The call for the abolishment of the rank became so heated that the President of the Nigerian Bar Association (NBA) at the recently concluded Annual General Conference (AGF) had to institute a technical committee to investigate the call and report to the National Executive Council (NEC), the ultimate decision making organ of the NBA.599375_wigs

What would such a move, should the NEC act on it, mean for legal tradition? Apart from the obvious halt of a thirty-plus-year tradition, the younger lawyers would be the most affected. It would mean for some, the draining of a legal wellspring of inspiration. There are some law students who from their first year at university, dedicated their toils and candlelit vigil over tomes to the eventual donning of silk. What would the abolition of the rank mean to their hopes and dreams? What becomes the determinant of excellence in the legal profession? Not to say that the rank of SAN right now is the sole determinant of excellence in the profession, but there is the presumption of excellence which comes with the silk robe. Is abolition really the answer or should we focus more on reformation?

In the interest of public opinion, please share yours by voting using the poll at the top of the right sidebar.

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No More Senior Advocates of Nigeria (SAN)

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