Ethical Behaviour of Lawyers: Professional Independent Enforcers Required
A cross-section of senior Lawyers has advocated for the setting up of a body that will ensure that the ethics of the profession are not only embedded, but respected by all Lawyers.
This view was expressed by Discussants at the Nigeria Bar Association, Section of Legal Practice (NBA/SLP) one-day symposium with the theme ‘Legal Practice in Nigeria, Reinforcing Ethical Behaviour’, which took place at the Lagos Court of Arbitration in Lekki on Friday.
In his submission, Hon. Justice Joseph Olubunmi Oyewole of the Court of Appeal, stated the need for the enforcement of the law ethics on Lawyers. He added that 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 setting 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."
The immediate past Sokoto State Attorney-General and Commissioner for Justice, Dr Sulaiman Usman, SAN, said that ethical rules are important to maintain the confidence of the client and the public in general.
In his presentation, former NBA General Secretary, Mazi Afam Osigwe, SAN decried the systemic challenges in enforcing discipline in the profession. He recounted the humble steps and achievements he made, with regard to ensuring that Lawyers adhere to ethics during his tenure. He said that a lot can be achieved again with the right mindset and attitudinal change, amongst practitioners and leadership in the profession.
While subscribing to the call to have a body that will enforce ethical discipline, he however, suggested that all the various legal bodies should be able to do so effectively.
Mr Chukwuka Ikwuazom SAN, on his part, said that the 2023 Rules of Professional Conduct are obvious and precise in dealing with clients, courts, and Lawyers. He however, pointed at the lack of enforcement as the missing thing.
He suggested that the Disciplinary Committee of the NBA that sits in Abuja should be broken into regions down to the local level, so that the profession's ethics can be upheld.
In her remarks, the Chairman of the NBA/SLP Mrs Boma Alabi, SAN, said that the ethics of law in Nigeria is the same as that of other Commonwealth nations, and she wondered why it was not working in Nigeria. She then urged Lawyers to look deep down inside them for solutions, which are about re-enforcing ethical behaviour.