Establishment Of Law School Campuses Should Not Be Regarded As Constituency Projects (2)
LAST week, I discussed the recent move by the Senate to create six additional law school campuses for the geopolitical zones which, as decipherable by a discerning mind, is nothing more than an intrusion into the functions of the Council of Legal Education and a superfluous venture into politicising the process.
As I had noted in some past editions, there is a recent wave of politicking in the education sector whereby politicians see tertiary institutions as their constituency projects and, perhaps, as a way to secure their legacy in the annals of history.
I have altogether lent my voice in condemning the creation of additional institutions in the midst of dilapidating infrastructure of current institutions, poor funding, and of course, the spate of strikes which has bedevilled the education sector. It is rather unfortunate that the Senate has directed its unwanted attention into the only institution which is responsible for overseeing the qualification of lawyers for admission into the Nigerian Bar – which duty is reposed in the Council of Legal Education.
The Council of Legal Education is a creation of the Legal Education (Consolidation, Etc) Act, 1976. Under Section 1(2) of this Act, the Council is responsible for the legal education of persons seeking to become members of the legal profession, and it discharges this function through the Nigerian Law School. Section 2(5) of the Act provides that ‘the Council shall have power to do such things as it considers expedient for the purpose of performing its functions…’ To this end, the Council of Legal Education has the administrative discretion to create the number of law schools in different locations as may be required to effectively discharge its statutory function of undertaking the education of would-be members of the legal profession.
No doubt, the foray of the Nigerian Senate into the creation of additional Law School Campuses is a clear usurpation of the powers of the Council of Legal Education under the Act. It therefore begs the question – if the Nigerian Legislature could intervene in the creation of additional Law School Campuses, what else might the parliamentarians be willing to do in order to ‘immortalise’ themselves? What then stops the legislative or the executive arm of government from interfering with the process of presenting qualifying certificates to those whom may not, in the opinion of the Council of Legal Education, be fit and proper? The intervention of the legislature in the process of creating additional law school campuses is akin to self-invitation by a leprous man to a sacred table of diners; which must ultimately be rejected by the collective voice of all concerned persons.
If truly the Senate is desirous of any improvement in the Nigerian Law School, or indeed the Nigerian education sector in general, focus should be directed towards ensuring the renovation of the existing structures, adequate funding into research, and the implementation of brilliant innovations to revitalise the sector. In fact, the creation of the new law school campuses betrays a clear disconnect between our legislators and the true state of affairs in the law school, or a deliberate turning of blind eye. Professor Earnest Ojukwu, SAN, the former Director General of the Nigerian Law School, while commenting on the deplorable state of affairs in the law school, noted that:
‘The other aspect of infrastructure at the law school, and especially the campuses, is a shame. The hostels are terribly overcrowded. Looking at how the government has so underfunded the existing campuses of the Nigerian Law School; it will be correct to question the thinking of the sponsors of the Bill seeking to introduce additional campuses. Something must be wrong. It clearly shows a terrible disconnection between our legislators and our governance. Before embarking on this kind of legislative proposal, a lawmaker should undertake a deep study and research on the history, purpose and experience of the institution it proposes to make fundamental changes for, such as legislating additional campuses’
Likewise, MuizBanire, SAN, in his reaction to the news of the establishment of additional campuses, reportedly said: “The school operates a multi-campus system in Lagos State, Adamawa State, Kano State, Enugu State, Bayelsa State, the Federal Capital Territory and, more recently, Rivers State. As at date, only the Lagos and the Federal Capital Territory branches are exhaustively utilised. This is even in the face of collapsing infrastructure. None of the campuses is adequately catered for. In virtually all of the campuses, there is glaring evidence of dilapidating infrastructure. This has resulted into executive begging by way of donations to support the campuses. Even at that, a lot is still much desired in the upgrade of the infrastructure. A visit to the oldest of the campuses, which is Lagos, will bear eloquent testimony to this. Again, as at the time of establishing these campuses, I cannot recall any legislation birthing them. They were administratively established by the Council of Legal Education out of necessity and convenience. You then immediately wonder why the need for such legislation now!… Do the legislators want to plead ignorance of the inadequate funding of the present campuses? How does one then rationalize this bizarre decision of the Senate? To my mind, it is simply myopic
Certainly, one cannot but agree with the assertions of both Professor Ojukwu, SAN and Muiz Banire, SAN. It has never been seen, world over, that the admission of candidates in the legal profession or the establishment of law schools, has been borne out of a politicking process or to achieve political ‘trophies’. In this regard, I intend to shed light on the practice in the United Kingdom for legal education and qualification into the Bar. To become a lawyer in the United Kingdom, a person should first become a barrister. A barrister is required to first complete either a law degree or an unrelated degree followed by a Graduate Diploma in Law. A barrister candidate thereafter undertakes a Bar Course Aptitude Test (BCAT) which is essentially a mandatory aptitude test, and if successful, he joins an Inn of Court, i.e., Middle Temple, Inner Temple, Gray’s Inn or Lincoln’s Inn.
Thereafter, the candidate undertakes the Bar Professional Training Course (BPTC) which is a postgraduate course which allows candidates to practice as Barristers in England and Wales. However, once a candidate is called to the Bar, he becomes an unregistered barrister. He cannot practice as a barrister until completing the final state, which is pupillage. Pupillage is a practical one-year work-based learning under an experienced barrister. Upon completion of pupillage, the supervising barrister then makes a recommendation which then qualifies the new barrister to apply for Authorisation to Practice. Generally, only professional training institutions, which are private, exists in the United Kingdom.
Rethinking the process
I recommend a reform of the entire process of Bar qualification in Nigeria in order to create an avenue for breeding excellent candidates for admission into the Nigerian Bar. In fact, Professor Ojukwu, SAN noted that the Federal Government had, in 2006, set up a Legal Education Reform Committee headed by the late Professor Jegede, SAN. The Committee had recommended the ‘deregulation’ of the Nigerian Law School to allow the establishment of private training providers side by side with the Nigerian Law School with a strengthened Council of Legal Education to set the examination for all. However, the recommendation was jettisoned. Similar proposals were made by the Nigerian Bar Association in 2012 and 2018, both which introduced brilliant ideas, including the Council of Legal Education to be strengthened to manage the standard of vocation legal education and set bar exams, and Private Law Schools to exist side by side with the Nigerian Law School.
No doubt, the implementation of the foregoing recommendations will improve the standard of legal education in Nigeria. If, truly, the interest of the Senate lies in the revitalisation of the Nigerian Law School to meet the required standard, it goes beyond merely building campuses which, over time, will become subject to the same neglect which the current campuses suffer. Instead, there should be legislations which brings in Private Law Schools which will operate side-by-side with the Nigerian Law School, both which will be strictly regulated by the Council of Legal Education which will set a unified Bar qualification examination across the institutions. This will most certainly herald a new era of improved legal education in Nigeria, rather than having law school campuses as mere ‘constituency projects’.
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AARE AFE BABALOLA, OFR, CON, SAN, FCIArb., FNIALS, LLD. D.Litt.
