| 'Some lawyers do unethical
things to win cases'
From AHMED OYERINDE, Sokoto
Wednesday, January 16, 2008
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Photo:
SunNews Publishing
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Dr. Suleiman Ikpechukwu Oji is a senior lecturer, Faculty
of Law, Usman Danfodio University, Sokoto. The don, who has
been lecturing in the university since 1994, says he can not
find any law chamber in the real sense of it in Nigeria.
Suleiman, who holds PhD in Public Law from Ahmadu Bello University
Zaria, blamed the nation’s senior lawyers for this development,
saying they did nothing to encourage young lawyers. According
to the him, owners of law chambers are in the habit of paying
poor salaries to young lawyers working with them and after
spending one or two years with them, the young lawyer would
be frustrated, go and rent a room and parlor somewhere and
call it a chamber since he lacked the required capital to
open a befitting law firm.
In this interview, Oji spoke on legal education, challenges
of managing a law firm, indiscipline at the bar among other
issues.
Why teaching
I have a passion for teaching law. It is like a life ambition
and that is why I enjoy doing the job. I don’t see any
thing better than impacting knowledge unto others.
Standard of legal education
I don’t believe the standard of legal education has
fallen. Unlike in the past when we had small number of people
pursuing legal education, the position today is different,
many people now wants to study law, so there is a kind of
pressure on the facilities that we have in place. Because
when you have that kind of large number of people without
commensurate development in facilities, there must be one
problem or the other, but on the whole, I don’t think
the standard has so fallen in such a despicable level.
Having said this, I think it will not be a bad idea to have
first degree as a prerequisite qualification for studying
law. One thing I have realized as a teacher is that most of
the students that started reading law from 100 level seems
to have deficiency in English. It is better we have matured
students reading law, they are likely to cope with the demands
of law because in law, unlike other disciplines where once
you know the theory governing a particular topic, you can
explain and analyse it based on your own language, that is
not the same with law.
In law, you are not tackling only theories you are tackling
theories, principles, you are trying to interpret case law,
so with the caliber of students coming from secondary schools,
they are not well suited to study law. So having first degree
as the basic qualification for studying law would go along
way towards enhancing the standard of legal education.
Managing a law firm
What we have in Nigeria are not law firms in the real sense
of it. The only place you can see something that has resemblance
of a law firm in Nigeria is when you go to SAN offices. What
you find all over the places in the name of law firm could
best be described as room and parlor offices. Managing a law
firm is not an easy task because it requires a lot of capital.
A law firm should have a richly equipped library, a large
conference room, a qualified secretary and an assistant secretary,
messengers and a good number of lawyers working there.
But because of the economic situation and the fact that senior
lawyers are not helping matters by paying the junior ones
peanuts, after staying for a year or so, you find young lawyers
trying to open their own chambers and because they lack that
capital to put up a standard law firm, you find mushroom chambers
all over the place.
You know in law we deal with books and that is why you find
people saying a lawyer without books is like a mechanic without
tools. The books we are talking about are not just a few law
reports on the shelves, it goes beyond that, one should have
the up date in history, law journals, drafting, precedence,
documents and other areas of knowledge and also a good librarian
that should maintain these books.
Look at the situation in Sokoto for instance, if you visit
any of our law chambers, what you will find is room and parlor
offices with one or two books on the shelves.
Legal practice in Sokoto
Sokoto is not a commercial town. That affects legal practice
here. Where you don’t have serious commercial activities
going on, you don’t expect to have serious litigation.
So, the practice here is dull. The litigants are poor here.
In a place like Lagos or Kano, where you have serious commercial
activities going on, you will find contracts being awarded
and as a result, there would be breach of these contracts
and people dragging themselves to court. But in Sokoto, it
is a different ball game, I have three cases that I have filed
on appeal to go to Court of Appeal, Kaduna, in spite of the
fact that I did not charge them much, yet they could not afford
it, some of them came to beg me that I should go to Kaduna
and do the case, after which they would pay me. And the type
of cases we have here are land cases in rural areas involving
peasant farmers and issues that borders on marriages.
Lawyers as liars
As a legal practitioner, nobody wants to lose a case and I
think some, because of that, do certain things that are unethical
in order to win a case even if that will mean changing the
facts of the case and tutoring witnesses to come to court
to tell lies.
Having said this, let me quickly add that it is grossly unethical
for lawyers to lie under whatever circumstances and I don’t
think there is any teacher in any faculty of law that will
teach law students to tell lies. You know if a lawyer is found
committing such offence, that lawyer may be disrobed. It is
not part of lawyers training to tell lies. I think rather
than saying lawyers are liars, we should regard lawyers as
people with logical minds.
Indiscipline at Bar
Yes, it is not uncommon to see some lawyers cheating their
clients, they collect money from them and embezzle it. This,
I must say is adversely affecting the legal profession but
you see, the people themselves are not helping matters by
not reporting such lawyers.
People should know that what they should do after being short
changed by their attorney is to report the matter to the Nigerian
Bar Association(NBA), rather than going into about lamenting.
The association, I can assure you is prepared to take drastic
action against such lawyers, if a case of that nature is proved
against any lawyer.
Solicitor and barrister
There is this saying in Britain that half of the country is
suing the other half, this is because there is that awareness
of peoples rights and they are not willing to allow their
rights to be toiled with. If solicitor and advocacy can be
separated, definitely, it will bring about specialization
which will be beneficial to the legal profession because division
of labour leads to efficiency. Somebody who knows that he
is good in drafting will remain in the chamber and just do
the work of drafting or open a chamber for the purpose of
advising people, preparing documents for them, advising corporate
bodies without going to court. As the situation is in the
country where many lawyers are chasing few cases, such specialization
can not be possible.
For instance, in America or Britain, you can find about 500
to 1000 people in a chamber and you may not be able to identify
the owner of that chamber. It is only when we have that kind
of multiple people in a chamber that we can be talking about
specialization. But in Nigeria you find the owner of a chamber
paying his lawyer N3,000 or N3,500 a month and before you
know it, that lawyer will go and rent a room and parlor and
call it a chamber, with that kind of situation, how can you
have specialization in legal profession? And worse-still,
Nigerians don’t know how to make use of legal practitioners,
they only come to lawyers when things have gone wrong, they
don’t do what we call pre emptive law i.e seeking advice
so that they can be advised on the side of law.
The rule of law
Ask any Briton how they (British people) developed, he will
tell you they developed because of the respect they have for
the rule of law. No nation can make any meaningful progress
when there is no rule of law. Where you don’t have rule
of law, you will get in the alternative, rule of man. The
exponents of constitutional theory have recognized it as a
fundamental requirement in the affairs of people. I am happy
things are taking shape gradually in the country as far as
adherence to the rule of law is concerned. With what is going
on in our courts today, I am sure, people would want to be
more careful with the way they conduct themselves during future
elections.
Supreme Court/Anambra governorship election
You see, one thing is clear; the Supreme Court can over rule
itself if the court believed it has erred on the side of law,
where the court discovered that the judgment it entered was
entered per-in-curium, but in this case, I don’t think
judgment was entered per-in-curium and even if it was so,
the way it should be done is that judges, having known this,
should rather wait until same case having same fact like the
earlier one comes before them, then, they can now over rule
themselves, I think that is the proper thing to do. The way
it is now, no matter how honest they want to look at the case
again and give proper interpretation to it, people are bound
to misinterpret it.
It is going to reduce the reputation that the judiciary is
building for itself. That case ought not to have been accepted
in the first place.
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