The General Council of the Bar: Powers, Roles, and Challenges in Nigerian Legal Practice
The establishment of the General Council of the Bar (GCB) is grounded in the Legal Practitioners Act (LPA), which mandates the creation of a governing body to oversee the affairs of the Nigerian Bar Association (NBA). The Bar Council plays a significant role in regulating and managing the legal profession in Nigeria, with its powers defined by the LPA, the Rules of Professional Conduct (RPC), and the NBA Constitution.
Under the LPA, the Bar Council is responsible for a broad range of tasks, including general management of the NBA, the creation and amendment of rules governing legal conduct, and the setting of fees for practicing lawyers. Although its responsibilities have shifted over time, particularly after the transfer of some powers to the Body of Benchers in 1994, the GCB remains a key player in maintaining order within the legal system.
The General Council’s most significant functions include:
- General Management of NBA Affairs: While the GCB was initially entrusted with overseeing NBA operations in times of crisis, this power has now been shifted to the Body of Benchers. Despite this, the GCB still holds authority in emergency situations where the Body of Benchers fails to act.
- Creating and Amending the Rules of Professional Conduct (RPC): The GCB has the exclusive right to formulate, revise, and amend the RPC, ensuring that lawyers uphold professional standards. This duty is pivotal in maintaining the integrity of the legal profession.
- Fixing Bar Practicing Fees: Although this responsibility was transferred to the Body of Benchers, it is currently carried out in collaboration with the Attorney General, further illustrating the delicate balance of power between regulatory bodies.
- Other Regulatory Roles: The GCB is also tasked with setting rules related to legal practitioners’ accounting practices and handling additional responsibilities as assigned by the NBA Constitution and RPC.
Does the Nigerian Bar Association Regulate the General Council of the Bar?
The NBA indeed exercises regulatory oversight over the GCB, establishing clear limitations to its powers under both the LPA and the NBA Constitution. The NBA’s Constitution outlines specific functions the GCB cannot perform, such as controlling the Association’s finances or appointing representatives to statutory bodies. Additionally, the General Council’s role in expressing public views on matters affecting the legal profession is restricted, ensuring that its powers are balanced and do not overreach.
While the GCB has significant autonomy in regulating legal conduct through its power to amend the RPC, its actions are often scrutinized by other legal entities, such as the Attorney General and the courts. A prime example of this is the 2020 amendment of the RPC by the Attorney General, which was later nullified by the courts due to a lawsuit filed by the NBA.
Ultimately, the relationship between the GCB and the NBA is a complex interplay of delegated powers, judicial oversight, and regulatory functions, designed to maintain both order and fairness in the Nigerian legal profession.
