History of the Legal Profession in Nigeria
- PART I: Background & the Three Periods -
Colonial Origins
The history of the legal profession in Nigeria is tied to our history as a nation.
| Year | Event |
|---|---|
| August 1860 | Lagos ceded to the Queen of England - becomes British colony |
| 1863 | Supreme Court Ordinance promulgated - English law applicable |
| 1862 | Only 7 magistrates - 3 barristers, 2 writing clerks, 1 merchant, 1 commander of West Indian Garrison |
| 1876 | Supreme Court Ordinance 1876 - basis for admission of legal practitioners |
The 1863 Ordinance provided that “the laws of England shall have the same force and be administered in this settlement as in England so far as such laws and such administration thereof can be rendered applicable to the circumstances of this settlement.”
Problem: shortage of qualified personnel → lay-men employed without legal knowledge.
The Three Periods of History
- 1st Period: 1876–1914;
- 2nd Period: 1914–1962;
- 3rd Period: Post-1962.
- PART II: 1876–1914 -
3 Categories Allowed to Practise
- Professionally qualified legal practitioners;
- Those who served article;
- Local Attorneys.
1. Professionally Qualified Lawyers - S71 SC Ordinance 1876
- Must be called to Bar OR admitted as solicitor in Britain, Ireland, Scotland, Edinburgh or Dublin;
- Automatic enrolment upon application to Chief Justice of Nigeria;
- Almost all were barristers;
- In 1872, Bar exam was introduced in England (Law Society exam introduced earlier).
2. Those Who Served Article - S73 SC Ordinance 1876
- Served in law office of qualified lawyer in Nigeria or Gold Coast for not less than 5 years;
- Sat for and passed exams conducted by persons appointed by the CJ.
3. Local Attorneys - S74 SC Ordinance 1876
- CJ authorised to appoint due to dearth of qualified practitioners;
- Must be fit and proper persons with basic education + good moral character (testified to by judge or 2 District Commissioners);
- Sat exam set by CJ on principles and practice of law;
- By appointment (not enrolment) for 6 months, renewable;
- Britons, West Indians, and few Nigerians appointed.
J. Osho Davies (Last Applicant)
Abuse of office by Local Attorneys led to pressure from qualified lawyers on the CJ to stop further appointment. J. Osho Davies, the last applicant who was denied, had his appeal refused by the full court - the Chief Justice’s discretion was held to be properly exercised in the circumstances.
Continue reading History of the Legal Profession
You have read the opening. Unlock the full library once and it stays unlocked - one payment, no subscription, the same library as the app.
- All 725 Laws of the Federation, A to Z
- 916 full judgments and 269 case collections
- 8,046 legal principles and 124 rules of court
- 343 drafts, with the Draft Builder
- The Law Dictionary - 31,442 terms
- Law School notes and 2,082 MCQs
Every Act, case collection and principle beginning with A, B or C is free to read in full, without unlocking - the same boundary as the Android app.