CUNDY SMITH PUBLICATIONS NLS LAGOS CAMPUS 2019/2020
1. OVERVIEW OF THE COURSE AND
HISTORY OF THE LEGAL PROFESSION
Comment [C1]:
Who was the first lawyer in Nigeria? 1888
First female lawyer (1935): Stella Mark, she was
also the first female magistrate
First Nigerian to become a judge (1931)
1. DISCUSS AND EXPLAIN THE SCOPE OF THE PROFESSIONAL ETHICS AND Olumuyiwajigbo
First indigenous CJN (1958)
SKILLS COURSE. First name on the roll of SAN (1975) – Chief Rotimi
Williams
First Nigerian Attorney General Federation (1960) –
2. DISCUSS AND EXPLAIN THE VARIOUS STAGES OF THE DEVELOPMENT OF Justice Taslim Elias
First female CJN (2012) Justice Mariam Aluma
THE LEGAL PROFESSION IN NIGERIA. Muktar (retired)
The British first established what was known as the courts of equity in 1854, which was later
replaced by native courts. English type courts were established between 1862 and 1874 (1. Petty
Debt Court, 2. Court of Civil and Criminal Justice and 3. West African Court of Appeal)
The S.C Ordinance of 1863 established the S.C of Her Majesty’s Settlement of Lagos and
provided that the laws of England should have the same force and be administered in the
settlement as in England, so far as such laws and such administration could be rendered
applicable to the circumstances of the settlement. The urgent need for qualified legal
practitioners necessitated the promulgation of the S.C Ordinance of 1876. Thus, the history of
legal profession in Nigeria started from 1876 and may be conveniently divided into three stages:
(i) 1876 to 1914 (First Stage—Lasted for 38years)
(ii) 1914 to 1962 (Second stage—Lasted for 48 years)
(iii) 1962 till present day of 2020 (Third stage—58 years now)
(A) First Stage Major Events
The first statute to regularize the whole machinery of administration of justice in parts of Nigeria
was the S.C.O of 1876. It was the first ordinance that stated the qualifications of a legal
practitioner in Nigeria and fused the legal profession in the colony by providing that every
English-trained barrister OR solicitor was upon enrolment in Nigeria, qualified to practice as a
barrister AND solicitor in Nigeria.
Categories of legal practitioners that practiced the legal profession in Nigeria then were:--
PAL
(i) Professionally qualified lawyers
(ii) Article lawyers and
(iii) Local attorneys
1 of 179
,CUNDY SMITH PUBLICATIONS NLS LAGOS CAMPUS 2019/2020
Conditions for being a PQL
(i) Qualification as B or S in England, Ireland (Dublin) or Scotland (Edinburgh)
(ii) Enrolled to practice as B and S in Nigeria upon application to the C.J.N
NB: To qualify as B, the following conditions must be met:
Called to the English Bar by the Benchers of either of the four inns of courts he belonged
to (Middle temple, Inner temple, Lincoln’s inn and Gray’s inn—MILG)
12 dinning terms during the course (no requirement of university degree and physical
attendance of lectures—was by correspondence)
Conditions for being an AL
(i) Served for 5 years in the law office of a practicing legal practitioner in Nigeria or Gold Coast
(ii) Passed such examinations as may be from time to time be conducted by persons appointed
by the C.J.N
Conditions for being a LA
(i) Fit and proper with basic academic qualifications.
(ii) Sat and passed the examination set by the C.J.N to test their general knowledge of the new
laws of England and the colony.
NB: The L.As were given a license to practice for 6 months (renewable for another 6 months)
NB: Only 30 L.As were licensed to practice in Nigeria
NB: Such license was not granted after 1908 (though already licensed LAs were allowed to run
such period out) because the qualified lawyers protested to the CJN that there was no need for
them. Thus, in 1913, the application of Osho Davies was refused by the CJN
(B) Second Stage Major Events
Amalgamation happened in 1914. The S.C.O of 1876 was repealed by the S.C.O of 1943. A SC
CPRs of 1945 was made pursuant to the 1943 ordinance. These rules set new qualifications for
legal practitioners in Nigeria.
Four ways of qualifying as a legal practitioner under the 1945 rules—QP2R2
Qualify to practice as B or S in E,I or S and furnish evidence of good character to the C.J.N, in
addition to one of the following:
(i) Practiced for at least 2 years in the courts of the country in which he had been called to bar.
2 of 179
,CUNDY SMITH PUBLICATIONS NLS LAGOS CAMPUS 2019/2020
(ii) Practiced for at least 2 years as a B or S in the courts of a British colony or protectorate.
(iii) Read for 1 year in the law office of a practicing B or S of not less than 5 years standing.
(iv) Read (in Nigeria) for at least 2 years in the chambers of a practicing lawyer of more than 10
years standing.
Shortcomings of an English trained lawyer practicing in Nigeria (Half-Baked Problem)—
FAST
(i) Fusion of B and S in Nigeria whereas there were called as B or S
(ii) Academic qualification for call was not mandatory or high enough
(iii) Study focus was on English legal and constitutional systems
(iv) Territorial system of government in England (unitary) and Nigeria (Federal) were different
Unsworth Committee of 1959: This was necessitated by the above shortcomings of the English
trained lawyers. The membership of the committee included:---LASSA
(i) Legal secretary of the southern Cameroons
(ii) AsG of the Regions
(iii) SG of the federation
(iv) Six distinguished legal practitioners and
(v) AG of the federation then—E.I.G Unsworth (Chairman)
After sitting for about six months, the committee came out with 28 recommendations in
October 1959. Some notable ones are: SF NAEC
(i) System of legal education in Nigeria should be established
(ii) Faculty of Law at UCI and subsequently at any other university should be established
(iii) NLS for vocational training should be established in Lagos
(iv) Admission to practice qualification should be a university degree in law, the course of which
is organized by the CLE and the vocational course in NLS by the CLE
(v) Extra/further examination of persons with university degree in law, the course of which or
syllabus was not accepted by the CLE
(vi) CLE establishment etc
3 of 179
, CUNDY SMITH PUBLICATIONS NLS LAGOS CAMPUS 2019/2020
The FG accepted most of the recommendations of the committee and this led to the promulgation
of the Legal Education Act and the Legal Practitioners Act in 1962. Thus, the NLS was
established by the CLE in 1962. The proprietor of the NLS is the CLE.
(C) Third Stage Major Events
Categories of persons entitled to practice law in Nigeria today
(i) Those entitled to practice generally
Those called to the Bar after presenting their qualifying certificate and have been enrolled
in the S.C and
Those that are enrolled by virtue of the regulation made by the AGF
(ii) Those entitled to practice for purposes of a particular office
Office of the AGF, SGF and DPP
Legal officers
Non-qualified legal practitioners (no longer obtainable)
(iii) Those entitled to practice by virtue of warrant of the C.J.N (particular proceedings)
First Category
Qualifying certificate
The qualifying certificate is issued by the CLE. The persons entitled to this are:
(i) Nigerians and non-Nigerians that have successfully completed a course of practical training in
the NLS as fixed by the CLE
(ii) Fit and proper persons and
(iii) Persons that have kept three dining terms as stipulated by the BoB.
NB: Total Exemption—CQ SAL
The CLE made the Legal Notice No. 439 of 5th July 1989 which relates to total exemption of
persons who meet following the conditions:
(i) Citizen of Nigeria
(ii) Qualified to be admitted to the NLS
(iii) Subjects qualifying him for admission to the NLS include the entire core subjects prescribed
by the CLE
4 of 179
1. OVERVIEW OF THE COURSE AND
HISTORY OF THE LEGAL PROFESSION
Comment [C1]:
Who was the first lawyer in Nigeria? 1888
First female lawyer (1935): Stella Mark, she was
also the first female magistrate
First Nigerian to become a judge (1931)
1. DISCUSS AND EXPLAIN THE SCOPE OF THE PROFESSIONAL ETHICS AND Olumuyiwajigbo
First indigenous CJN (1958)
SKILLS COURSE. First name on the roll of SAN (1975) – Chief Rotimi
Williams
First Nigerian Attorney General Federation (1960) –
2. DISCUSS AND EXPLAIN THE VARIOUS STAGES OF THE DEVELOPMENT OF Justice Taslim Elias
First female CJN (2012) Justice Mariam Aluma
THE LEGAL PROFESSION IN NIGERIA. Muktar (retired)
The British first established what was known as the courts of equity in 1854, which was later
replaced by native courts. English type courts were established between 1862 and 1874 (1. Petty
Debt Court, 2. Court of Civil and Criminal Justice and 3. West African Court of Appeal)
The S.C Ordinance of 1863 established the S.C of Her Majesty’s Settlement of Lagos and
provided that the laws of England should have the same force and be administered in the
settlement as in England, so far as such laws and such administration could be rendered
applicable to the circumstances of the settlement. The urgent need for qualified legal
practitioners necessitated the promulgation of the S.C Ordinance of 1876. Thus, the history of
legal profession in Nigeria started from 1876 and may be conveniently divided into three stages:
(i) 1876 to 1914 (First Stage—Lasted for 38years)
(ii) 1914 to 1962 (Second stage—Lasted for 48 years)
(iii) 1962 till present day of 2020 (Third stage—58 years now)
(A) First Stage Major Events
The first statute to regularize the whole machinery of administration of justice in parts of Nigeria
was the S.C.O of 1876. It was the first ordinance that stated the qualifications of a legal
practitioner in Nigeria and fused the legal profession in the colony by providing that every
English-trained barrister OR solicitor was upon enrolment in Nigeria, qualified to practice as a
barrister AND solicitor in Nigeria.
Categories of legal practitioners that practiced the legal profession in Nigeria then were:--
PAL
(i) Professionally qualified lawyers
(ii) Article lawyers and
(iii) Local attorneys
1 of 179
,CUNDY SMITH PUBLICATIONS NLS LAGOS CAMPUS 2019/2020
Conditions for being a PQL
(i) Qualification as B or S in England, Ireland (Dublin) or Scotland (Edinburgh)
(ii) Enrolled to practice as B and S in Nigeria upon application to the C.J.N
NB: To qualify as B, the following conditions must be met:
Called to the English Bar by the Benchers of either of the four inns of courts he belonged
to (Middle temple, Inner temple, Lincoln’s inn and Gray’s inn—MILG)
12 dinning terms during the course (no requirement of university degree and physical
attendance of lectures—was by correspondence)
Conditions for being an AL
(i) Served for 5 years in the law office of a practicing legal practitioner in Nigeria or Gold Coast
(ii) Passed such examinations as may be from time to time be conducted by persons appointed
by the C.J.N
Conditions for being a LA
(i) Fit and proper with basic academic qualifications.
(ii) Sat and passed the examination set by the C.J.N to test their general knowledge of the new
laws of England and the colony.
NB: The L.As were given a license to practice for 6 months (renewable for another 6 months)
NB: Only 30 L.As were licensed to practice in Nigeria
NB: Such license was not granted after 1908 (though already licensed LAs were allowed to run
such period out) because the qualified lawyers protested to the CJN that there was no need for
them. Thus, in 1913, the application of Osho Davies was refused by the CJN
(B) Second Stage Major Events
Amalgamation happened in 1914. The S.C.O of 1876 was repealed by the S.C.O of 1943. A SC
CPRs of 1945 was made pursuant to the 1943 ordinance. These rules set new qualifications for
legal practitioners in Nigeria.
Four ways of qualifying as a legal practitioner under the 1945 rules—QP2R2
Qualify to practice as B or S in E,I or S and furnish evidence of good character to the C.J.N, in
addition to one of the following:
(i) Practiced for at least 2 years in the courts of the country in which he had been called to bar.
2 of 179
,CUNDY SMITH PUBLICATIONS NLS LAGOS CAMPUS 2019/2020
(ii) Practiced for at least 2 years as a B or S in the courts of a British colony or protectorate.
(iii) Read for 1 year in the law office of a practicing B or S of not less than 5 years standing.
(iv) Read (in Nigeria) for at least 2 years in the chambers of a practicing lawyer of more than 10
years standing.
Shortcomings of an English trained lawyer practicing in Nigeria (Half-Baked Problem)—
FAST
(i) Fusion of B and S in Nigeria whereas there were called as B or S
(ii) Academic qualification for call was not mandatory or high enough
(iii) Study focus was on English legal and constitutional systems
(iv) Territorial system of government in England (unitary) and Nigeria (Federal) were different
Unsworth Committee of 1959: This was necessitated by the above shortcomings of the English
trained lawyers. The membership of the committee included:---LASSA
(i) Legal secretary of the southern Cameroons
(ii) AsG of the Regions
(iii) SG of the federation
(iv) Six distinguished legal practitioners and
(v) AG of the federation then—E.I.G Unsworth (Chairman)
After sitting for about six months, the committee came out with 28 recommendations in
October 1959. Some notable ones are: SF NAEC
(i) System of legal education in Nigeria should be established
(ii) Faculty of Law at UCI and subsequently at any other university should be established
(iii) NLS for vocational training should be established in Lagos
(iv) Admission to practice qualification should be a university degree in law, the course of which
is organized by the CLE and the vocational course in NLS by the CLE
(v) Extra/further examination of persons with university degree in law, the course of which or
syllabus was not accepted by the CLE
(vi) CLE establishment etc
3 of 179
, CUNDY SMITH PUBLICATIONS NLS LAGOS CAMPUS 2019/2020
The FG accepted most of the recommendations of the committee and this led to the promulgation
of the Legal Education Act and the Legal Practitioners Act in 1962. Thus, the NLS was
established by the CLE in 1962. The proprietor of the NLS is the CLE.
(C) Third Stage Major Events
Categories of persons entitled to practice law in Nigeria today
(i) Those entitled to practice generally
Those called to the Bar after presenting their qualifying certificate and have been enrolled
in the S.C and
Those that are enrolled by virtue of the regulation made by the AGF
(ii) Those entitled to practice for purposes of a particular office
Office of the AGF, SGF and DPP
Legal officers
Non-qualified legal practitioners (no longer obtainable)
(iii) Those entitled to practice by virtue of warrant of the C.J.N (particular proceedings)
First Category
Qualifying certificate
The qualifying certificate is issued by the CLE. The persons entitled to this are:
(i) Nigerians and non-Nigerians that have successfully completed a course of practical training in
the NLS as fixed by the CLE
(ii) Fit and proper persons and
(iii) Persons that have kept three dining terms as stipulated by the BoB.
NB: Total Exemption—CQ SAL
The CLE made the Legal Notice No. 439 of 5th July 1989 which relates to total exemption of
persons who meet following the conditions:
(i) Citizen of Nigeria
(ii) Qualified to be admitted to the NLS
(iii) Subjects qualifying him for admission to the NLS include the entire core subjects prescribed
by the CLE
4 of 179
