| If half of Nigerians
are lawyers, the nation ‘ll be good
By Sun News Publishing
Wednesday, February 27, 2008
 |
•
Bar Onyebueke
Photo: SunNews Publishing
|
|
Barrister Anslem Onyebueke has upheld the revolutionary changes
that have taken place in the judiciary, as he says the assessment
of the judiciary starts from the head, adding that the present
Chief Justice of Nigeria has shown what it means to lead the
judiciary.
Anslem, who wanted to be a Catholic priest, said his decision
to be a lawyer was to cushion the effect of injustice perpetrated
by the rich against the poor and to pursue the course of justice
in the country.
How I became a lawyer
The choice of law, I would say, is God’s destiny for
me. I had an in-law in Jos, an old lawyer, who I stayed with
while going to school at the University of Jos. I was partly
with him as a co-staff. That also motivated me. Also, the
need to stop the oppression of the poor by the rich propelled
me. The only gap between the poor and the rich is justice.
It was a move to help cushion the effect of injustice by the
rich against the poor, I volunteered myself to study and pursue
the course of the legal profession.
Pupillage
First of all, it was with Oba Nmaduabuchi, well known in Plateau
State then, I joined H.U Anyawu and Co and because of the
understanding we had, we formed a partnership. It was not
easy at the early years. Pupillage is important because it
makes the lawyer to transform what he knows into act, which
is by doing it himself. The major weapon that removes lawyers
out of practice early is fear of the judges, clients, cases
itself and the legal issues involved. But if you had your
pupillage under a master who is bold, it rubs off on you as
well.
First appearance
It was a bit terrifying in the sense that I thought I was
going to appear with a senior colleague, but along the line,
I was told to go alone. Although I was told what to say, on
getting there, the matter was not only to be mentioned but
also a motion was to be heard. The plaintiff’s counsel
insisted on moving the motion, but because I had not fundamentally
done my homework I raised an objection to that and as God
would have it, the court upheld my objection and the motion
was adjourned.
Cost of running a law firm
You must have the experience and be a qualified lawyer to
run a law firm. You cannot, as a business man, feel that since
a law firm makes money from litigation, consultancy, task
and risk management, open an office and employ lawyers. The
rule of the professional ethics guarding our practice says,
you can’t associate or partner, for the purpose of law
practice, with a person or a firm that is not a body of lawyers.
You must have been called to the Bar and have means of renting
a spacious apartment. The act of having one room for secretary,
library is not the model. One needs an office where clients
are attended to privately. You also need tolerance in the
profession, knowing that what you are pursuing is the course
of justice and not money.
Assessment of the judiciary
There is a proverbial saying that if you smite the shepherd,
the sheep will scatter. If you want to assess the judiciary,
you must assess the head. The present Chief Justice of Nigeria
has shown what it means and implies to be a CJ. He’s
a revolutionist and indeed, a scholar. He also has deposited
these qualities in the entire judiciary. The Supreme Court
is marshalling out decisions that are not elementary, but
have gone down to the roots of justice, not theory. The Supreme
Court, being paddled by the current CJ, has shown exemplary
transparency and doggedness. Contrary to what we had, the
judiciary has passed through what we call a revolution and
is meeting up, if not the best standard in the world, the
second best in the world.
Lawyers as liars
Lawyers are not liars but advocates of the Supreme Court of
justice. Lawyers work on facts given to them by clients. They
were not there when the issues came up and by our professional
ethics, we are restricted from formulating facts. A lawyer,
being a professional will assemble facts given to him and
decide the ones that falls under negligence or criminal acts.
The client may no know understand what negligence is. It’s
the lawyer who looks through the law and tells you what the
truth is.
SANs
The appointment of Senior Advocates of Nigeria, ordinarily,
should be on merit. The ethics and privileges committee will
look at the qualifications and performances of the lawyer
before they approve him that noble position of sitting at
the in Bar, because that office has overwhelming privileges.
Lawyers, who have performed credibly in academics are now
given the privilege and honour. That word advocate does not
mean you must stand in the court and advocate through your
book. Some of the books are good authorities in courts.
Future of the legal profession
If half of the citizens of Nigeria are lawyers, we will have
a good nation. There are certain things a lawyer cannot be
involved in, because of the discipline we have. Lawyers are
self-controlled. We have a wild range of opportunity, both
locally and internationally. Every state of the federation
has an attorney general who must be a lawyer. Even the federation
has an attorney general who is also a lawyer. Lecturers in
faculties of law in universities are lawyers. All banks have
their legal units manned by lawyers, insurance companies,
oil companies and so on, all have their legal units. You can
see that the legal profession has a bright future.
|