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.
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?
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This article was read with mixed feelings. However, I see nothing wrong with the confrment of the honour of SAN to deserving members of the highly reverred Legal Profession. I’m a Lawyer in the making, in the breeding Faculty of Law of the Rivers State University of Science and Technology. The honour of SAN has actually been an inspiration to me. But, the sheme and process have both incurred public odium due to allegations and speculations contained in the article and in the court of Public Opinion. In this regard, I think there’s a need for reforms in the process, such that “who the caps fit, let them wear it”.
This article was read with mixed feelings. However, I see nothing wrong with the conferment of the honour of SAN to deserving members of the highly reverred Legal Profession. I’m a Lawyer in the making, in the breeding Faculty of Law of the Rivers State University of Science and Technology. The honour of SAN has actually been an inspiration to me. But, the sheme and process have both incurred public odium due to allegations and speculations contained in the article and in the court of Public Opinion. In this regard, I think there’s a need for reforms in the process, such that “who the cap fits, let them wear it”.
My only grouse with the conferment of the Rank of SAN is the number of Cases required at different court levels. I think more attention should be focused on the High Court cases where the cases were really done instead of appellate brief written for these so called SAN’s and you go to the Appellate court and just adopt the brief.
I think the argument is rather misdirected. It should have centered on the procedure/requirement and not the title. there is nothing wrong with the title,it is the people conferring the title that have problem. Let us not throw away the muddy waters with the baby
When I ponder why there is no single SAN in umuahia ,the Abia capital;I am usually tempted to share the views of the average lawyers who ernestly seek the scrapping of the rank of SAN.
In my sincere opinion I seek the relaxation of tension on this issues by adopting a more practical ways and means to regularise the the system of elevation to the rank of SAN
in a vote of 69 against 29 lawyers in umuahia endorsed their support for the abolition of SAN ;during their monthly general meeting held on 29 /1/2010.
The young lawyers forum in umuahia led by my humble self however wished the survival of the revered rank of SAN
Am not a lawyer,but i feel the conferment of SAN should not be abolished,a more credible method of conferment should be developed, free from politics and should be fair in crowning.Then it should be implemented to ginger young lawyers.