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posted March 25, 2024
Ethical behavior is crucial for lawyers as they play a fundamental role in upholding justice and the rule of law. This was the submission of a cross-section of senior lawyers who have advocated for the setting up a special body to monitor and ensure that lawyers adhere to the ethics of the profession.
Panoply of discussants highlighted this view at a one-day symposium with theme, “Legal Practice in Nigeria, Reinforcing Ethical Behaviours, organized by the Nigeria Bar Association, Section of Legal Practice (NBA/SLP) at the Lagos Court of Arbitration, Lekki, Lagos on Friday.
The various speakers expressed that lawyers are expected to adhere to high standards of conduct, including honesty, integrity, and respect for the legal system but also noted that enforcing these standards can be challenging, as lawyers often regulate themselves through bar associations and professional codes of conduct.
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In his submission, Hon. Justice Joseph Olukayode Oyewole of the Court of Appeal stated the need for the enforcement of the law ethics on lawyers. He added that about 25% of young lawyers don’t want to have anything to do with litigation and even some older lawyers are looking for ways out because lawyers are disrespecting the ethics of the profession. He then called for the sitting up of independent professional regulators rather than the current situation of self-regeneration.
“If what we have in place now is working, we will not be where we are today. We should take away enforcement of ethics from legal professional bodies and there will be changes. If people know that there will be sanctions and these sanctions don’t discriminate, they will sit up.”
Justice Oyewole’s remarks underscore the importance of upholding ethical standards within the legal community. The suggestion for an independent body to regulate the legal profession aligns with efforts to ensure accountability and professionalism among lawyers. Such a body, he said, could play a vital role in maintaining ethical standards and enhancing the public’s trust in the legal system.
In his perspective, Dr. Suleiman Usman, SAN who was former Attorney General and Commissioner of Justice, Sokoto State, further emphasized the significance of ethical rules in upholding the credibility of legal practitioners. His suggestion for existing legal bodies to effectively enforce ethical discipline reflects a pragmatic approach to ensuring compliance. Collaboration among legal bodies could streamline regulatory efforts and enhance the enforcement of ethical standards across the legal profession.
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Mr. Chukwuka Ikwuazom, SAN, also spoke succinctly at the Symposium. His observation regarding the clarity of the 2023 rules of legal conduct and the need for enforcement highlights a key issue in legal practice. He suggested the decentralization of the disciplinary committee of the NBA to regional and local levels, which he believes could potentially improve the enforcement of ethical standards. This approach could ensure that ethical breaches are addressed promptly and effectively at all levels of the profession.
In her remark, the Chairman of the NBA/SLP Mrs. Boma Alabi, SAN, said there is alignment of Nigeria’s legal ethics with those of other Commonwealth nations and therefore, raised important questions about the implementation and effectiveness of ethical standards in Nigeria.
She called for introspection among lawyers; emphasizing the need for individual accountability in upholding ethical behavior, an approach she noted emphasizes the role of personal responsibility in reinforcing ethical conduct within the legal profession.
Overall, the context of the Symposium canvassed having independent enforcers to oversee the ethical behavior of lawyers to ensure accountability and maintain public trust in the legal profession. These enforcers could be a separate regulatory body or an oversight committee within the legal profession, tasked with investigating complaints of misconduct and taking appropriate disciplinary action when necessary.
By holding lawyers accountable for their actions and promoting ethical behavior, independent enforcers can help uphold the integrity of the legal profession and ensure that justice is served fairly and impartially.
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