LAW AS A FIRST OR POST GRADUATE DECREE
At a recent book launch in honour of eminent jurist and Chairman of the Independent Corrupt Practices Commission ICPC, Justice Emmanuel Olayinka Ayoola, retired Justice of the Supreme Court of Nigeria, foremost lawyer Chief Ate Babalola SAN, re-opened by way of a passing remark an old and lively debate within the legal profession, that is whether or not the law Degree should be taken as a first or a second, that is Post Graduate Degree.
In reviewing the book dedicated to Justice E. O. Ayoola as a Jurist of integrity. Chief Ate Babalola SAN had commented on the fact that Justice Ayoola had first taken a degree in the liberal Arts from Oxford University before proceeding to read law, in which latter discipline he had distinguished himself rising to the pinnacle of the judiciary as a judge of the Supreme Court-Chief Babalola SAN, then proceeded further to make the point that a background in either the liberal Arts or other disciplines was a sine qua non to a successful career in the legal profession and that based on that personal conviction, when its newly licensed University, the Ate Babalola University takes off, only graduates will be admitted to read law in the said University. This effectively indicates the learned silk's position on this age-long debate as to whether the law Degree should be a first or post graduate Degree course in Nigeria.
Without any attempts at an Ad Hominen broadside, I respectfully submit that the learned silk's position is understandable, he himself having first undertaken a Degree in economics before studying law, so quite naturally he is influenced by his background, just as I am willing to concede that yours sincerely having read law as my first degree have never appreciated the clamour for law to be made a post graduate degree.
However, beyond personal preferences, this is one issue that need to be looked at critically and objectively, before coming to a well informed conclusion, moreso when the future of the legal profession depends on how this critical matter is resolved.
Let me start my commentary by a comparative analysis of two sets of Nigeria's great lawyers and judges, those who read law as a first Degree whether or not they possessed post graduate qualification in law on one hand and on the other those who read law as a second Degree whether or not they proceeded to obtain post graduate degrees in law. Permit me to call the former Class A and the latter class B.
CLASS A
1. Chief F.R. A. Williams SAN
2. Mr. Fawehinmi SAN
3. Mr. Kehinde Sofola SAN
4. Chief Richard Akinjide SAN
5. Chief Olisa Chukwurah SAN
6. Chief G. O. K. Ajayi SAN
7. Justice C. Idigbe
8. Mr. Alao Aka-Basom
9. Chief Debo Akande SAN
10. Justice Kayode Eso
CLASS B
1. Dr. Taslim Elias
2. Justice B. 0. Akpata
3. Justice B. 0. Ayoola
4. Mr. Fidelis Nwadialo SAN
5. Chief Obafemi Awolowo SAN
6. Mrs. Folake Solanke SAN
7. Chief Ate Babalola SAN
8. Chief Bolalge SAN
9. Justice C. A. Oputa
10. Justice M. A. Odesanya
*Chief F. R. A. Williams SAN and Justice Kayode Eso may not be perfect examples, as their law Degrees from Cambridge and Trinity College, Dublin respectively, were specialized Degrees that combined both law and liberal Arts, such as LL.B, BA or LL.B, MA.
Still talking comparative analysis, it has been the practice in the United Stages for over a century for Saw to be studied as a Post Graduate discipline, while in England it is not so even till date, so the Americans have had Oliver Wendell llolnnes, Cardozo, Warren, Burger, and the British have had their Dennings, Diplock, Devlings and Hailsham as great Judges.
The question is from the Nigerian illustration and the British/American comparison, which is the better approach, law as a First Degree as obtains in Britain and Nigeria, or law as post Graduate Discipline as obtains in the USA and which of the Class A or Class B lawyers is better. Well, one man's opinion is as good as the other.
Yet another issue that is related to the topic is the question of maturity. It has been said in several quarters that making law a second or post Graduate Degree ensures the maturity of lawyers. The major problem with this reasoning is that no empirical study or data has ever been adduced to show that there is any advantage to be gained from admitting persons to the Bar at a relatively advanced age over admitting persons in their early 20's to the Bar. Neittier has empirical evidence been adduced to show that there is an ideal age bracket for persons to called to the Bar.
In fact from all available evidence a diligent person can succeed irrespective of what age, he is called to the Bar: Chief F. R. A Williams was admitted to the Bar in his early twenties, he succeeded greatly at the Bar, Ditto Chief Remi Fanis Kayode, Chief Awolowwo was in his late 30's he was also a resounding success. Most lawyers get called to the Bar somewhere between their early 20's and 30's yet succeed at the Bar. The point being made here is that the age at which a person is called to the Bar has no relevance to his potential to succeed. Thus, where the issue of a law Degree as a post Graduate discipline is tied to the prospect of enrolling matured persons, at the bar, no cogent and compelling factual evidence has ever been adduced to support this view.
One interesting view point is that the essence of law being made a postgraduate discipline is that by the time a person is admitted to read law, he already has a background in another discipline preferably the liberal Arts which makes the would-be lawyer broad minded and well suited for the learned profession. This is indeed a valid point. However, it is submitted that this presumed advantage is exaggerated, the factual reality is that it is impossible for anyone to make a successful career at the bar and by extension the bench simply on a diet of legalese, that is the law and law alone. A truly legal mind must be grounded in literature, history, the social sciences such as politics, economics, even religion (without being a Fanatic or extremist). And in this age of the computer and the internet, a good grasp of the basic sciences in addition to the analytical and critical approach of science are very vital for making a truly learned mind. And I dare say as a second generation lawyer with almost 25 years of my own personal experience at the bar, most lawyers I have come across be they young and old qualify to be rated as intellectuals n may fields of life particularly in the Humanities. Thus, the emphasis on the possession of a first degree before studying law is with due respect neither here nor there.
Admittedly at the heart of this debate is the concern over perceived fallen standards particularly from new entrants into the profession. The legal profession at least in the last 30 years from the time of the 2ND republic has remained a profession of choice, with practically every other professional in the Humanities and social sciences adding the legal qualification to his resume. Thus bankers, accountants, stockbrokers, corporate gurus are not done with education until they have added the LL.B, B.L to their C. V.'s. The situation is even more graphic under a civilian dispensation as at the present time, retired generals and retired civil servants are not left out of fray. They all want to be known as lawyers particularly when they have political ambitions, so there is a great demand in society for legal qualification.
On the side of the authorities, the measures put in place to ensure quality control is far from ideal, yes the Nigerian University Commission NUC and the Council of legal Education appear to be making efforts to ensure quality control but efforts are often checkmated by the Universities with respect, it is submitted that there are by far too many Universities offering law as a degree programme. To make matters worse these schools do not keep within the quota allocated them by the Council of Legal Education. With the result that the law school is constantly faced with a backlog of qualified students ready to undertake the one year vocational training at the law school. In fairness to the Nigerian Law School and the Council of Legal Education they constantly wield the big stick- withdrawing through the Nigerian University Commission NUC, the accreditation of those schools that exceed their admission quota. But as is usual wish such actions, it is the hapless students that suffer when punitive measures are taken.
However, beyond all this the parameters by which students are admitted to read law even in those Universities that pass both the NUC and CLE accreditation test, unlike in the past when admission to read law was very competitive in the Universities that offered the programme. In some Universities in the past only good A-level passes in 3 Arts Courses were good enough to read law, on the average persons who had less than 10 points could not secure admission to read law, in fact in some years as much as 12 points were required. Even those Universities who admitted through the Joint Matriculation Exam JME, its was standard practice to insist that only candidates with at least 280 points in the JME combined with 5 credit passes at the West African School Certificate Exam WASCE or GCE 0-Level at one sitting were good enough for admission to read law. These days the GCE A-Level or Higher School Certificate HSC Certificate has been dispensed with in all our Universities and even now that admission is entirely through the JME it is not unusual for candidates who scored 200, 210 and 220 which is barely over 50% to be admitted to read law on the basis that those were the highest scores nationally. The big question is must candidates be admitted to read law annually even when they do not meet certain basic academic standards can a certain bench mark not be set say 240 marks an average of 60% in JME below which no students will be admitted to read law in any year no matter how low the general scores. And those marks may be reviewed upward depending on the general scores.
Yet another source of concern is the high number of people admitted to read law not strictly on merit but extraneous considerations such as federal character, quota system, catchment area, vice chancellors list, dean's list, Head of Department's list.
This enthronement of mediocrity through these considerations have had a negative impact on the profession; lawyers who cannot express themselves in simple and correct English and find the simplest of motions difficult to move or argue, lawyers who cannot easily follow proceedings in court not to talk of recording same accurately for either their personal use or that of their principal, lawyers who cannot coherently articulate their view point on any legal issue or an other topical issue of the time for that matter. It is these scenarios that ignited once again the debate as to whether law should be a first degree or postgraduate degree course.
Speaking for myself based on my comparative analysis earlier Nigerian lawyers and judges, and English/American Juristic no evidence has been shown that those who studied law as a post graduate degree are inherently better than those who did law as a first Degree. It is personal devotion and diligence of each lawyer that makes the difference at the end of the day.
Furthermore, for certain socio- economic reasons law should remain a First Degree discipline in Nigeria. To start with mote than 60% of the populace live below the poverty level, and to expect that the average Nigerian family to fund a child/ward through 10-11 years of tertiary education to produce a single lawyer is a most onerous burden on the Nigerian society. Even now that law is essentially a first degree programme it is almost daily becoming a very elitist profession. Tuition fees at the law school is N250,000.00 in addition to the compulsory laptop for each student. Thus on the average it wilt take between N750,000.00 - N 1 million to train a single student through the one year law school programme. This cost does not take into account the expense for the degree programme which is now 5 years in most Universities.
In a country where scholarships are almost impossible to come by even for brilliant students and where education is not subsidized at any level particularly at the University level, how will brilliant but indigent students get the opportunity to become lawyers. As for the riposte that the legal profession is not for the poor and indigent, that cannot be a remark worthy of serious thought in Nigeria irrespective of its validity elsewhere. How many of our present day legal luminaries came from privileged homes?
Suggestions
However, as a senior lawyer and stakeholder in the legal profession, I share the concern of other stakeholders that the present situation of legal education in Nigeria leaves much to be desired and certain changes need to be urgently taken to address the situation and ensure that only the best materials are admitted to need law. My own personal suggestions are:
a. The need to revisit the educational system to reintroduce the HSC/GCE A Level for University admissions for schools that so desire to admit through the said programme.
b. For schools that wish to continue to admit through the JME, the NUC/CLE should insist on a high cut-off mark below which no law faculty should admit no matter how low the performance that year even if it means no person is admitted to read law in any Nigerian University that year.
c. The CLE working with other stakeholders in Nigeria should set a realistic number of people to be admitted to the bar annually, the number should be adhered strictly, and the quota be rigidly enforced by the law school with violations severely punished.
d. Furthermore, the law degree programme should be enriched with the exposure of the law undergraduates to courses in Philosophy, History, Literature, Economics even Political Science. Personally, 1 have always believed the lawyer ought to be truly learned and not limited to knowledge in strict legal issues. My heroes on the Bench have always been those judges who are at home with literature, philosophy, Latin and the like, the Oputa's, Kayode Eso's and Lately Pats-Acholonu of blessed memory. Also on a personal note myself and many of my contemporaries were exposed about 30 years ago at Ife, to a rich academic diet of philosophy. Logic, History, even sociology which even though appeared irrelevant at the time has benefited us immensely afterwards 1 respectfully submit that the modern lawyer stands to benefit from even a greater exposure to these variegated knowledge that can only make him a better lawyer at the end of the day and from which knowledge even the society will be better of.
Finally, while I share the present concern that the training of lawyers is inadequate but I am strongly of the opinion that it is not by making the law degree a second degree that the legal profession and the society will be better off. The law degree should remain a first Degree with the necessary adjustments to meet the realities of the moment.
At a recent book launch in honour of eminent jurist and Chairman of the Independent Corrupt Practices Commission ICPC, Justice Emmanuel Olayinka Ayoola, retired Justice of the Supreme Court of Nigeria, foremost lawyer Chief Ate Babalola SAN, re-opened by way of a passing remark an old and lively debate within the legal profession, that is whether or not the law Degree should be taken as a first or a second, that is Post Graduate Degree.
In reviewing the book dedicated to Justice E. O. Ayoola as a Jurist of integrity. Chief Ate Babalola SAN had commented on the fact that Justice Ayoola had first taken a degree in the liberal Arts from Oxford University before proceeding to read law, in which latter discipline he had distinguished himself rising to the pinnacle of the judiciary as a judge of the Supreme Court-Chief Babalola SAN, then proceeded further to make the point that a background in either the liberal Arts or other disciplines was a sine qua non to a successful career in the legal profession and that based on that personal conviction, when its newly licensed University, the Ate Babalola University takes off, only graduates will be admitted to read law in the said University. This effectively indicates the learned silk's position on this age-long debate as to whether the law Degree should be a first or post graduate Degree course in Nigeria.
Without any attempts at an Ad Hominen broadside, I respectfully submit that the learned silk's position is understandable, he himself having first undertaken a Degree in economics before studying law, so quite naturally he is influenced by his background, just as I am willing to concede that yours sincerely having read law as my first degree have never appreciated the clamour for law to be made a post graduate degree.
However, beyond personal preferences, this is one issue that need to be looked at critically and objectively, before coming to a well informed conclusion, moreso when the future of the legal profession depends on how this critical matter is resolved.
Let me start my commentary by a comparative analysis of two sets of Nigeria's great lawyers and judges, those who read law as a first Degree whether or not they possessed post graduate qualification in law on one hand and on the other those who read law as a second Degree whether or not they proceeded to obtain post graduate degrees in law. Permit me to call the former Class A and the latter class B.
CLASS A
1. Chief F.R. A. Williams SAN
2. Mr. Fawehinmi SAN
3. Mr. Kehinde Sofola SAN
4. Chief Richard Akinjide SAN
5. Chief Olisa Chukwurah SAN
6. Chief G. O. K. Ajayi SAN
7. Justice C. Idigbe
8. Mr. Alao Aka-Basom
9. Chief Debo Akande SAN
10. Justice Kayode Eso
CLASS B
1. Dr. Taslim Elias
2. Justice B. 0. Akpata
3. Justice B. 0. Ayoola
4. Mr. Fidelis Nwadialo SAN
5. Chief Obafemi Awolowo SAN
6. Mrs. Folake Solanke SAN
7. Chief Ate Babalola SAN
8. Chief Bolalge SAN
9. Justice C. A. Oputa
10. Justice M. A. Odesanya
*Chief F. R. A. Williams SAN and Justice Kayode Eso may not be perfect examples, as their law Degrees from Cambridge and Trinity College, Dublin respectively, were specialized Degrees that combined both law and liberal Arts, such as LL.B, BA or LL.B, MA.
Still talking comparative analysis, it has been the practice in the United Stages for over a century for Saw to be studied as a Post Graduate discipline, while in England it is not so even till date, so the Americans have had Oliver Wendell llolnnes, Cardozo, Warren, Burger, and the British have had their Dennings, Diplock, Devlings and Hailsham as great Judges.
The question is from the Nigerian illustration and the British/American comparison, which is the better approach, law as a First Degree as obtains in Britain and Nigeria, or law as post Graduate Discipline as obtains in the USA and which of the Class A or Class B lawyers is better. Well, one man's opinion is as good as the other.
Yet another issue that is related to the topic is the question of maturity. It has been said in several quarters that making law a second or post Graduate Degree ensures the maturity of lawyers. The major problem with this reasoning is that no empirical study or data has ever been adduced to show that there is any advantage to be gained from admitting persons to the Bar at a relatively advanced age over admitting persons in their early 20's to the Bar. Neittier has empirical evidence been adduced to show that there is an ideal age bracket for persons to called to the Bar.
In fact from all available evidence a diligent person can succeed irrespective of what age, he is called to the Bar: Chief F. R. A Williams was admitted to the Bar in his early twenties, he succeeded greatly at the Bar, Ditto Chief Remi Fanis Kayode, Chief Awolowwo was in his late 30's he was also a resounding success. Most lawyers get called to the Bar somewhere between their early 20's and 30's yet succeed at the Bar. The point being made here is that the age at which a person is called to the Bar has no relevance to his potential to succeed. Thus, where the issue of a law Degree as a post Graduate discipline is tied to the prospect of enrolling matured persons, at the bar, no cogent and compelling factual evidence has ever been adduced to support this view.
One interesting view point is that the essence of law being made a postgraduate discipline is that by the time a person is admitted to read law, he already has a background in another discipline preferably the liberal Arts which makes the would-be lawyer broad minded and well suited for the learned profession. This is indeed a valid point. However, it is submitted that this presumed advantage is exaggerated, the factual reality is that it is impossible for anyone to make a successful career at the bar and by extension the bench simply on a diet of legalese, that is the law and law alone. A truly legal mind must be grounded in literature, history, the social sciences such as politics, economics, even religion (without being a Fanatic or extremist). And in this age of the computer and the internet, a good grasp of the basic sciences in addition to the analytical and critical approach of science are very vital for making a truly learned mind. And I dare say as a second generation lawyer with almost 25 years of my own personal experience at the bar, most lawyers I have come across be they young and old qualify to be rated as intellectuals n may fields of life particularly in the Humanities. Thus, the emphasis on the possession of a first degree before studying law is with due respect neither here nor there.
Admittedly at the heart of this debate is the concern over perceived fallen standards particularly from new entrants into the profession. The legal profession at least in the last 30 years from the time of the 2ND republic has remained a profession of choice, with practically every other professional in the Humanities and social sciences adding the legal qualification to his resume. Thus bankers, accountants, stockbrokers, corporate gurus are not done with education until they have added the LL.B, B.L to their C. V.'s. The situation is even more graphic under a civilian dispensation as at the present time, retired generals and retired civil servants are not left out of fray. They all want to be known as lawyers particularly when they have political ambitions, so there is a great demand in society for legal qualification.
On the side of the authorities, the measures put in place to ensure quality control is far from ideal, yes the Nigerian University Commission NUC and the Council of legal Education appear to be making efforts to ensure quality control but efforts are often checkmated by the Universities with respect, it is submitted that there are by far too many Universities offering law as a degree programme. To make matters worse these schools do not keep within the quota allocated them by the Council of Legal Education. With the result that the law school is constantly faced with a backlog of qualified students ready to undertake the one year vocational training at the law school. In fairness to the Nigerian Law School and the Council of Legal Education they constantly wield the big stick- withdrawing through the Nigerian University Commission NUC, the accreditation of those schools that exceed their admission quota. But as is usual wish such actions, it is the hapless students that suffer when punitive measures are taken.
However, beyond all this the parameters by which students are admitted to read law even in those Universities that pass both the NUC and CLE accreditation test, unlike in the past when admission to read law was very competitive in the Universities that offered the programme. In some Universities in the past only good A-level passes in 3 Arts Courses were good enough to read law, on the average persons who had less than 10 points could not secure admission to read law, in fact in some years as much as 12 points were required. Even those Universities who admitted through the Joint Matriculation Exam JME, its was standard practice to insist that only candidates with at least 280 points in the JME combined with 5 credit passes at the West African School Certificate Exam WASCE or GCE 0-Level at one sitting were good enough for admission to read law. These days the GCE A-Level or Higher School Certificate HSC Certificate has been dispensed with in all our Universities and even now that admission is entirely through the JME it is not unusual for candidates who scored 200, 210 and 220 which is barely over 50% to be admitted to read law on the basis that those were the highest scores nationally. The big question is must candidates be admitted to read law annually even when they do not meet certain basic academic standards can a certain bench mark not be set say 240 marks an average of 60% in JME below which no students will be admitted to read law in any year no matter how low the general scores. And those marks may be reviewed upward depending on the general scores.
Yet another source of concern is the high number of people admitted to read law not strictly on merit but extraneous considerations such as federal character, quota system, catchment area, vice chancellors list, dean's list, Head of Department's list.
This enthronement of mediocrity through these considerations have had a negative impact on the profession; lawyers who cannot express themselves in simple and correct English and find the simplest of motions difficult to move or argue, lawyers who cannot easily follow proceedings in court not to talk of recording same accurately for either their personal use or that of their principal, lawyers who cannot coherently articulate their view point on any legal issue or an other topical issue of the time for that matter. It is these scenarios that ignited once again the debate as to whether law should be a first degree or postgraduate degree course.
Speaking for myself based on my comparative analysis earlier Nigerian lawyers and judges, and English/American Juristic no evidence has been shown that those who studied law as a post graduate degree are inherently better than those who did law as a first Degree. It is personal devotion and diligence of each lawyer that makes the difference at the end of the day.
Furthermore, for certain socio- economic reasons law should remain a First Degree discipline in Nigeria. To start with mote than 60% of the populace live below the poverty level, and to expect that the average Nigerian family to fund a child/ward through 10-11 years of tertiary education to produce a single lawyer is a most onerous burden on the Nigerian society. Even now that law is essentially a first degree programme it is almost daily becoming a very elitist profession. Tuition fees at the law school is N250,000.00 in addition to the compulsory laptop for each student. Thus on the average it wilt take between N750,000.00 - N 1 million to train a single student through the one year law school programme. This cost does not take into account the expense for the degree programme which is now 5 years in most Universities.
In a country where scholarships are almost impossible to come by even for brilliant students and where education is not subsidized at any level particularly at the University level, how will brilliant but indigent students get the opportunity to become lawyers. As for the riposte that the legal profession is not for the poor and indigent, that cannot be a remark worthy of serious thought in Nigeria irrespective of its validity elsewhere. How many of our present day legal luminaries came from privileged homes?
Suggestions
However, as a senior lawyer and stakeholder in the legal profession, I share the concern of other stakeholders that the present situation of legal education in Nigeria leaves much to be desired and certain changes need to be urgently taken to address the situation and ensure that only the best materials are admitted to need law. My own personal suggestions are:
a. The need to revisit the educational system to reintroduce the HSC/GCE A Level for University admissions for schools that so desire to admit through the said programme.
b. For schools that wish to continue to admit through the JME, the NUC/CLE should insist on a high cut-off mark below which no law faculty should admit no matter how low the performance that year even if it means no person is admitted to read law in any Nigerian University that year.
c. The CLE working with other stakeholders in Nigeria should set a realistic number of people to be admitted to the bar annually, the number should be adhered strictly, and the quota be rigidly enforced by the law school with violations severely punished.
d. Furthermore, the law degree programme should be enriched with the exposure of the law undergraduates to courses in Philosophy, History, Literature, Economics even Political Science. Personally, 1 have always believed the lawyer ought to be truly learned and not limited to knowledge in strict legal issues. My heroes on the Bench have always been those judges who are at home with literature, philosophy, Latin and the like, the Oputa's, Kayode Eso's and Lately Pats-Acholonu of blessed memory. Also on a personal note myself and many of my contemporaries were exposed about 30 years ago at Ife, to a rich academic diet of philosophy. Logic, History, even sociology which even though appeared irrelevant at the time has benefited us immensely afterwards 1 respectfully submit that the modern lawyer stands to benefit from even a greater exposure to these variegated knowledge that can only make him a better lawyer at the end of the day and from which knowledge even the society will be better of.
Finally, while I share the present concern that the training of lawyers is inadequate but I am strongly of the opinion that it is not by making the law degree a second degree that the legal profession and the society will be better off. The law degree should remain a first Degree with the necessary adjustments to meet the realities of the moment.
