One of the issues over which the rank and file of legal practitioners in Nigeria is sharply divided is the move by a group of Senior Advocates of Nigeria to register under part C of the company and Allied Matters Act CAMA.
Ever since the attempt came into the open, things seem to have fallen apart amongst Senior Advocates of Nigeria, SAN and Non-SAN and both parties are no longer at ease (Apologies to the great writer Prof Chinua Achebe). So much so that at the last NBA, National Executive Committee NEC meeting in Minna tempers were said to have flared at a stage amongst otherwise learned gentlemen nearly resulting in fisticuffs. The upcoming NEC meeting at Oshogbo, in the state touted to be the source of the descendants of O’odua promises to be no less stormy when the issue comes up once again for discussion.
At the heart of the controversy is the determination of a section of the nation’s Inner Bar to register a social/friendly society of Senior Advocates of Nigeria, an action which they consider merely an expression of her fundamental right to freedom of Association guaranteed by the constitution. The point must however be clearly made that not all SAN’s are in support of this move, although quite naturally none has come out to voice any dissent to the move, while many silks are simply indifferent to the whole episode. They do not see how the registration of such a body will either improve or take away from their standing at the Bar and their ability to corner the juiciest briefs in the land.
But amongst non-SAN of all hues and class, be they Senior, middle age or junior, very rich, modestly rich or down right indigent, the fear of the proposed Body of Senior Advocate of Nigeria, SAN incorporated is very real and the rallying cry against a potential permanent class destination at the Bar contrary to the famed Equality and Oneness of the Bar.
Yet, the fear is neither exaggerated nor misplaced but borne out of the hard reality of the almost complete domination of the profession in recent times by members of the Inner Bar to the detriment of the larger OUTER BAR.
The privileged class of the Inner Bar is of antiquated English Origin just like the Nigerian legal profession itself. The rank known as Queen’s/King’s counsel depending on whether the monarch is a king or Queen is over 500 years old and has been occupied through the ages until present times by some of the greatest legal minds that ever lived, Francis Bacon, was a king’s counsel, John Scott, who became Lord Eldon and played a major role in the development of the principles of Equity was a King’s counsel, Lord Denning in his days at the Bar was a King’s counsel, Quintin Hogg who later became Lord Hailsham of St Marylebone was a Queen’s counsel while at the Bar and most recently the Cherie Booth, who has retained her maiden name for professional purposes, the wife of the immediate past prime Minister of Britain is a Queen’s Counsel.
At the introduction of the legal profession in Nigeria, a few number of Nigerians inspite of stiff British competition became Queen’s Counsel, Q.C, before the title was scrapped in 1963 when Nigeria became a republic. This elite class of lawyers included Chief Rotimi Williams, who was reputed to be the first Nigerian to earn the rank, Chief H.O Davies, Egerton-Shyngle, Oladipo Moore, Dr. Teslim Elias, Chuba Ikeazu G.C.M Onyiake, K. Kotun RA. Fani- Kayode and a few more others.
The rank resurfaced in 1975 with Chief F.R.A Williams being once again the first beneficiary together with (his brother giant both intellectually and in physical size) Dr Nabo Granham-Douglas. This time around the rank had been Nigerianised and re-styled Senior Advocate of Nigeria, SAN.
The award was repeated in 1978 when 13 of the best legal minds Nigeria has ever produced including Chief R.O Akinjide, Chief G.O.K Ajayi Chief Obafemi Awolowo, Mr. Kehinde Sofola, Chief Olisa Chukurah, Pro B.O Nwabueze, Dr. (later justice) A. Nnamani and others.
The awards have been awarded almost every year ever since with about 300 both living and dead having been admitted to the Inner Bar ever since.
Comparatively the rank is still highly coveted and exclusive when one considers that only 300 living and dead lawyers have been elevated to the rank from the fold of about 75,000 living, dead and non-practising lawyers.
In the early days of the award through the exact criteria outside of being “a lawyer of destination of over 10 years at the Bar” was a closely guided secret, the award was almost completely without controversy.
Who could question the inimitable brilliance of the doyen of the Bar Chief F.R.A Williams, the irrepressible doggedness of Mr. Kehinde Sofola (He strongly resisted being designated Chief all through his life), the professional wizardry of the 122/3 legal calculus of Chief Richard Akinjide, the forensic advocacy of Chief G.O.K Ajayi or the intellectual sagacity of Prof. B.O Nwabueze, the advocacy and colourfulness of Mr. H.A Lardner, the dexterity and booming voice of Chief G. C.M Onyiuke, or the eloquence and delivery of Sir Clem Akpamgbo etc.
The undisputed fact is that the Senior Advocates of old were selected solely on merit and the greatest of cynics could not fault their being deserving of the award.
On their own part as masters and leaders of the profession they conducted themselves fittingly: No Senior Advocate of old will lobby for a solicitor brief, no matter how juicy or any brief at all yet no case of national or jurisprudential importance could be decided without their input. Even if merely as Amicus Curiae check out the Impressive List of SAN’s in Abioye V YAkubu (1991) 5NWLR (part 190) 130.
No Senior Advocate of old no matter how brilliant will prepare a brief without an input from a team of juniors. How did the famous Black Table of Chief Williams emerge?
Senior Advocates of old were for the most approachable even to the youngest of lawyers for assistance. About 24 years ago at the premises of the Lagos High Court a group of us Law Student at the Law School accosted the late Chief Williams SAN with our Body of Benchers form, the great man asked for a big chair worthy of his size and a desk, he endorsed not less than 20 forms on that occasion. Who is that modern day SAN who can perform the same act of grace?
In the past when a silk walked into a crowded court room most of them did not think beneath their dignity to invite even very young lawyers to share the Inner Bar with them rather than stand or perch at the back. Many of the old generation Silks would not be offended if the court elects to stand down their contentious matters while running through the list to dispose off non-contentious matters.
Not these days! Most Silk will take strong exception to even lawyers who had been at the Bar almost 20 years before their admission to the Bar sharing the Inner Bar with them simply because the old lawyer has no Silk to his gown. And only the firmest and boldest of judges would dare to run down his list and adjourn non-contentious matters while standing down learned Silk’s case.
Yet, it is this preference for only rights and privileges without responsibilities, this, condescending attitude of We Vs Them”, that is at the heart of the wide gulf of separation that now exists at the Bar between Silks and Non-Silks.
To this strained relationship can be added the growing feeling in some quarters that a sizeable number of awards are now made on extraneous considerations outside of merit.
Silks also as a group, without prejudice to individual dispositions and attitudes, have been carrying on as a law unto themselves arrogating more and more powers and privileges unto themselves well beyond the traditional. Only a Senior Advocate can be Federal Attorney-General, only the SAN can aspire to the post of President of the Bar with a realistic chance of winning, the SAN are permanent members of the NBA NEC, though most of them stay away from meetings, the averages SAN insist in calling his case ahead even members of the Body of Benchers though the latter is the highest body within the NBA, with members invariably older at the Bar than most new generation Silks.
Silks scramble for solicitor briefs contrary to the old rule that upon being elevated to the rank members must be devoted to only advocacy. And as for litigation, their domination of juicy briefs is complete. This domineering attitude has naturally generated much resentment within the legal profession provides the basis for the idea of the registration of the Body of Senior Advocates of Nigeria Incorporated, which many fear justifiably will seal permanently the present strangle-hold on the profession by Silks and perpetuate the division of the profession into thereby destroying the legendary unity of the Bar.
Very senior lawyers who are not Silk recall how they united behind their Nigerian Seniors drive away the expatriate Silks and lawyers and wonder whether they have only succeeded in changing one master for the other, while younger lawyers are not happy about their growing helplessness in a profession where they are increasingly becoming second class citizen with little prospects of improvement in status because of the very low probability of taking Silk – the competition is extremely stiff involving both meritorious and extraneous considerations.
Already extremists from both groups of agitators are calling for the scrapping of the coveted title as the only permanent solution to the rampaging antics of Senior Advocates of Nigeria. This throwing away of the baby with the bath water cannot be a solution to a difficult but not intractable problem. There must still be an objective reward system to which brilliant and diligent advocates can aspire. The challenges are to make system movement based and transparent and occupants of the rank alert not only to their privileges but their first amongst Equal within One Virile Bar.
The proposed Body of Senior Advocates of Nigeria negates that by seeking to create a class of super lawyers who, our immediate experience is anything to go bye will shortly claim to be greater than even the Bar that produced them.
The idea of the Body of Senior Advocates of Nigeria should be immediately and permanently jettisoned in the interest of one united strong and indivisible Nigerian Bar Association.
Ademola A. Adewale
Legal Practitioner
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