From Enhancing Practice to Marginalizing the Poor: Senior Lawyers Split Over Proposal to Require Law as a Second Degree in Nigeria
Chief Emeka Ngige (SAN), the Chairman of the Council of Legal Education in Nigeria, recently said they are proposing to make the study of law a second degree in Nigeria. He made this statement over the weekend during the 2024 grand reunion of the 1989 law class of Nnamdi Azikiwe University (UNIZIK), Awka, Anambra State.
Ngige cited the need to deepen the practice and address unemployment among lawyers as the reasons behind this proposal.
The above-stated remark has brewed controversies from different quarters of the legal community. In response to TheNigerialawyer’s enquiry, several senior lawyers shared their opinions on the matter, with some affirming the chairman of the Council, while others have vehemently objected to the idea.
Ikeazor Ajaovi Akaraiwe, SAN
The former 1st Vice-President of the Nigerian Bar Association, Akaraiwe, supports making law a second degree of three years only. He argues that a broad-based foundation from a first degree in another field equips aspiring lawyers with the requisite maturity and intellect to carry the burden of lawyering. However, he emphasizes that academic distinction does not necessarily make a good lawyer.
He outlined the advantages of law as a second degree of three years only:
1. The nature of lawyering requires one to carry the burden of society.
2. A broad-based foundation like a first degree in another field equips one with the requisite maturity and intellect for lawyering.
3. A major argument against law as a second degree is that those who read law as second degrees did not necessarily do better in class than their classmates reading law as a first degree. This view mistakes academic ability for maturity.
4. A first class by a 23-year-old does not give an advantage for lawyering above a second class lower by one who read another course before reading law and has some work experience.
5. Academic distinction does not necessarily make a good lawyer.
6. Many who were called to the bar at 23 did not find their career purpose in life until around 30.
Peter Ntephe, PhD
Peter, a US-based lawyer, believes that the problem lies in Nigeria’s outmoded legal education, which is largely unfit for purpose given the current national economic and social reality. Peter advocates for a more practical, vocational curriculum that includes subjects like law firm management, business development, petroleum contracting, and ADR.
He suggested developing curricula around:
– Law firm management and business development
– Being an in-house corporate counsel
– Petroleum contracting
– Contract management and related software certifications
– Excel and PowerPoint as GS courses to prepare for the corporate world
– Practical aspects of Land Law like perfecting mortgages, deeds, applying for CofO, conducting searches at the Lands Registry
– ADR to develop a collaborative mindset for resolving disputes
Ntephe believes legal education should be made vocational and adapted to the demands of 21st-century Nigeria.
Chidi Odinkalu
Professor of Practice in International Human Rights Law and former Chairman of Nigeria’s National Human Rights Commission, Odinkalu pointed out that law is already effectively a second degree, considering the duration of study with strikes and shutdowns. He said, “The heart of the matter is this is a difficult proposal to come up with or implement in the middle of the worst economic downturn in the country’s history. There is no way to not make it almost sound callous.”
He argued that the university is not the place to fix the failings of basic education in Nigeria and that even making law a third degree would not address shortcomings originating from a poor basic education and high school system.
Prof. Ernest Ojukwu, SAN
Former Deputy Director of The Nigerian Law School, Prof. Ojukwu discusses the advantages and disadvantages of making law a second degree. While it may enhance the academic background and maturity of law students, it could also restrict access and increase costs. He emphasizes that the competencies and attributes required for effective law study are found among both degree and non-degree holders. Ojukwu believes that Nigeria’s problem lies in the human beings running the system and policies, and that making law a second degree is a waste of energy.
Ojukwu discussed the advantages of making law a graduate-only program:
– Enhanced academic background with critical thinking, research, and writing skills
– Increased maturity and focus of graduate students
– Interdisciplinary approaches enriching legal studies
– Shorter, specialized law programs
– Improved employability
He also outlined the disadvantages:
– Restricted access, potentially reducing diversity
– Increased costs, making law less accessible to low-income individuals
– Overemphasis on academia over practical skills
– Loss of diverse perspectives from non-traditional backgrounds
– Potential for elitism favoring those with existing educational advantages
Ojukwu emphasized that the competencies, capacities, and attributes required for effective law study are found among both degree and non-degree holders. Based on his teaching experience, he found a greater percentage of non-graduates and younger students possessing these qualities and being more open to altering their ethical values positively.
He argued that the reasons advocated for making law a graduate study, to check excessive demand or restrict it to only those deciding on their own to study law, hold no water in relation to solving the problem of standards of legal education and practice.
Ojukwu believes Nigeria’s problem lies in the human beings running the system and policies, with elements of dishonesty, corruption, recklessness, selfishness, disloyalty, and abuse of processes in the culture. He said, “Making law studies only open to graduates is a waste of energy.” ….Read more on this article
Abdul-Aziz Jimoh
A popular lawyer, Jimoh supports the proposal, arguing that the current pathways to becoming a legal practitioner in Nigeria are too simplistic and lack the depth, rigor, and experience found in other jurisdictions. He said, “The Legal Profession should admit of a minimum level of maturity and life experience, which I believe a first degree in most disciplines (including the sciences) would bring into the profession.”
He also suggested an alternative approach like the UK system, where there is a mandatory two years of articleship involving supervised training in approved law offices or government departments before being called to the bar. He believes the current system is turning out inadequately prepared lawyers.
Jibrin Samuel Okutepa, SAN
An iconic legal commander, Okutepa, SAN, opposes the proposal, stating that it could make studying law the exclusive preserve of the rich. He said, “Given the level of abuse of everything in Nigeria, making the requirement of a 2nd degree as a prerequisite to reading law in Nigeria means that in the not too distant future, the study of law in Nigeria will become the exclusive preserve of the children of the rich and moneybags in Nigeria.”
He acknowledged the reduction in the quality of legal education in Nigeria but argued that the solution lies in enforcing admission quotas and strict application of rules and regulations regarding the character of those admitted to study law. Okutepa wants to avoid a solution that denies the children of the poor the opportunity to become lawyers simply because they have no first degree. He himself did not have a first degree before reading law and believes having a first degree is not a function of maturity.
Prof. Abiodun Amuda-Kannike, SAN
Amuda-Kannike clarified that the Bachelor of Laws (BL) degree is separate from the “Certificate of Call to Bar” issued by the Body of Benchers. He pointed out that law school is configured like a university system with classroom attendance and a grading system, and the curriculum is regulated.
Prince Adeleke Olaniyi Agbola, SAN
Agbola supports making law a second degree course, not to alleviate poverty among fresh law graduates, but to improve the quality of lawyers being produced by broadening their outlook. He said, “I am not against the idea of making the study of law a second degree course in Nigerian universities but not for the reason as stated by Emeka Ngige, SAN. Making law a second degree course would not, of itself, alleviate the embarrassment of the abject poverty afflicting fresh law graduates.”
However, he believes the quality of lawyers produced would improve dramatically if law is made a second degree course, as it would broaden the outlook of fresh lawyers and hopefully improve their service delivery. Agbola noted that poverty among lawyers is tied to the comatose economy in Nigeria and lack of confidence displayed by some lawyers in billing clients. He suggested strict adherence to the Legal Remuneration Order to help in this regard.
Valentino Buoro
Buoro, a Lagos-based Attorney-Mediator and Multi-Door Courthouse practitioner, said, “I am in total support of making the study of law a second degree. It is becoming increasingly clear that the legal profession cannot continue to maintain its dignified status of the “learned” profession if it continues to restrict its exposure to only the knowledge of law in the face of an increasingly complex and sophisticated modern society.”
He believes a law degree, without more, is becoming unproductive and that specialization or niche practice is the way forward. Buoro argues that a first degree in any other academic or professional discipline would enable lawyers to seamlessly contribute to the development of law and society through foundational knowledge and expertise. He sees law as a second degree enabling lawyers to spread out into diverse areas of engagement in industry and commerce where they can use their niche practice to expand the frontiers of a better organized and law-abiding society.
Social Media Abuzz As Lawyers Discuss Ngige’s Second Degree Law Proposal
Meanwhile, Ngige’s statement has sparked a discussion among lawyers on social media.
Some have questioned the validity of the council’s assertion, asking if a survey was conducted to ascertain the veracity of the claim. Others argue that the number of lawyers in Nigeria is not sufficient, and the government should focus on growing the economy to absorb more lawyers.
A senior lawyer described the proposal as a “reactionary policy that is designed to exclude the children of poor people from the legal profession.” Another stated that the policy won’t change anything and is emblematic of Nigeria’s knack for shadow chasing.
Some lawyers pointed out that even if the study of law is made a second degree, there would still be a surplus of candidates admitted to practice unless the economy is grown to absorb a greater number. They also questioned if there is any evidence demonstrating that those who studied law as a second degree are better than those who did so as fresh young secondary school graduates.
A few lawyers called for the council to rescind this “harebrained policy,” stating that no society could have more than enough lawyers. They emphasized the need for quality assurance rather than restricting the number of citizens aspiring to become lawyers.
One lawyer shared their personal opinion based on their experience with the quality of lawyers being produced now and the availability of jobs for those being called to the bar. They suggested that this proposal might be the way to save the profession from total collapse and should be examined critically.
However, some lawyers strongly opposed the proposal, arguing that it is the dead economy that is making lawyers unemployed, not the fact that people can study law as a first degree. They accused the Council of Legal Education of having empty brains.
Nigerian Lawyers Statistics
According to a source who worked with Olumide Akpata’s administration at the Nigerian Bar Association (NBA), the Association’s list showed total of 146,539 lawyers who paid their paying practice fees. However, it is unclear if all of these lawyers are actively practicing in Nigeria.
The source mentioned that some foreign lawyers pay practice fees to participate in NBA elections, while others pay because they have offices in Nigeria. Regarding the number of new lawyers admitted to the bar annually, source stated that in the previous year, a total of 4,412 candidates were called to the bar in Part II. It was also noted that not all of these newly admitted lawyers will go on to practice law. Some individuals obtain the certificate without intending to practice, while others may choose to emigrate (referred to as “japa” in the local context).
