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Remuneration of practitioners
15. Scales of charges.
16. Recovery of charges, etc.
17. Applications for taxation of charges.
18. Taxation.
19. Supplementary provisions as to remuneration.
Safeguards for clients, etc.
20. Accounts and records for clients' moneys.
21. Special provisions as to client accounts with banks.
General
22. Offences.
23. Miscellaneous supplementary provisions.
24. Interpretation.
25. Short title.
SCHEDULES
FIRST SCHEDULE
Table of precedence
SECOND SCHEDULE
Supplementary provisions as to the Disciplinary Committee
(a) be elected to serve on the Bar Council at elections in which all members of the
Association are entitled to vote in such manner as may be provided by the con‐
stitution of the Association; and
(b) hold office for such period as may be determined by or under that constitution,
and not less than seven of those persons shall be legal practitioners of not less than ten
years' standing.
(4) The quorum of the Bar Council shall be eight, and the Council may make stand‐
ing orders regulating the procedure of the Council and, subject to the provisions of any such orders,
may regulate its own proceedings; and no proceedings of the Council shall
be invalidated by any vacancy in the membership of the Council, or by the fact that any
person took part in the proceedings who was not entitled to do so.
Practice as a legal practitioner
2. Entitlement to practise
(1) Subject to the provisions of this Act, a person shall be entitled to practise as a bar‐
rister and solicitor if, and only if, his name is on the roll.
(2) If‐
(a) an application under this subsection is made to the Chief Justice by or on be‐
half of any person appearing to him to be entitled to practise as an advocate in
any country where the legal system is similar to that of Nigeria; and
(b) the Chief Justice is of the opinion that it is expedient to permit that person to
practise as a barrister for the purposes of proceedings described in the applica‐
tion,
the Chief Justice may by warrant under his hand authorise that person, on payment to the
Registrar of such fee not exceeding fifty naira as may be specified in the warrant, to
practise as a barrister for the purposes of those proceedings and of any appeal brought in
connection with those proceedings.
(3) A person for the time being exercising the functions of any of the following of‐
fices, that is to say‐
(a) the office of the Attorney‐General, Solicitor‐General or Director of Public
Prosecutions of the Federation or of a State;
(b) such offices in the civil service of the Federation or of a State as the Attorney‐
General of the Federation or of the State, as the case may be, may by order
specify,
shall be entitled to practise as a barrister and solicitor for the purposes of that office.
and the operation of section 11 (2) of the Interpretation Act (which deals with references
in an enactment to acting appointments) is hereby excluded.
[Cap. 123.]
4. Call to the Bar
(1) Subject to the provisions of this section, a person shall be entitled to be called to
the Bar if‐
(a) he is a citizen of Nigeria; and
(b) he produces a qualifying certificate to the Benchers; and
(c) he satisfies the Benchers that he is of good character.
[1992 No. 9.]
(2) Notwithstanding the provisions of subsection (1) of this section, a person may
also be entitled to be called to the Bar, if‐
(a) he is a non‐citizen of Nigeria;
(b) he produces a qualifying certificate to the Benchers; and
(c) he satisfies the Benchers that he is of good character.
[1992 No. 9.]
(3) The Council of Legal Education may by regulations provide that the provisions of
paragraph (b) of subsection (1) of this section shall not apply in such cases and on such
conditions (if any) as may be specified by the regulations.
(4) The Benchers shall issue to every person called to the Bar pursuant to subsec‐
tions (1) and (2) of this section, a certificate of call to the Bar which shall be in such form
as the Benchers may determine.
(4) The members of the committee under paragraphs (c), (e), and (g) of subsec‐
tion (3) of this section shall be appointed by the Chief Justice of Nigeria in consultation
with the Attorney‐General of the Federation.
(5) Members of the committee under paragraphs (c), (e) and (g) of subsection (3) of
this section shall hold office for two years after which they shall be eligible for re‐
appointment for one further term of two years only.
(6) The Legal Practitioners' Privileges Committee may act notwithstanding any va‐
cancy in its membership.
(7) The Legal Practitioners' Privileges Committee may, with the approval of the
Body of Benchers, make rules as to the privileges to be accorded to Senior Advocates of
Nigeria, as to the functions of a legal practitioner, which are not to be performed by a
Senior Advocate of Nigeria, as to the mode of appearance before courts by a Senior Ad‐
vocate of Nigeria, and generally, but without prejudice to the foregoing, for ensuring the
dignity of the rank of Senior Advocate of Nigeria.
(8) Until the first rules made in pursuance of subsection (7) of this section come into
force, a Senior Advocate of Nigeria shall not be entitled to engage in practice as a mem‐
ber of the legal profession otherwise than as a barrister, but nothing in this subsection
shall be construed as precluding a Senior Advocate of Nigeria from entering into, or con‐
tinuing in partnership with a legal practitioner who is not a Senior Advocate of Nigeria.
1. Privilege of law officers
(1) Notwithstanding any other provision of this Act but subject as provided in sec‐
tion 8 (4) and the First Schedule hereto, all courts of law in Nigeria before which legal
practitioners are entitled to appear shall accord to every law officer specified in this sec‐
tion, the following rights and privileges, that is to say‐
(a) the exclusive right to sit in the inner bar or, where no facilities exist for an in‐
ner bar, on the front row of seats available for legal practitioners; and
(b) the right to mention any motion in which he is appearing or any other cause or
matter which is on the list for mention and not otherwise listed for hearing out
of its turn on the cause list.
(2) The law officers to whom this section applies are the Attorney‐General of the
Federation, the Attorney‐General of any State in the Federation and the Solicitor‐General
of the Federation.
(3) The rights and privileges conferred on the law officers by subsection (I) of this
section shall also be accorded to only Life Members of the Body of Benchers.
[1992 No. 77.]
2. Enrolment
(1) Subject to the provisions of this section, a person shall be entitled to have his
name enrolled if, and only if‐
(a) he has been called to the Bar by the Benchers; and
(b) he produces a certificate of his call to the Bar to the Registrar.
(2) The Attorney‐General may, after consultation with the Bar Council, by regula‐
tions provide for the enrolment of the names of persons who are authorised by law to
practise as members of the legal profession in any country where, in his opinion, persons
whose names are on the roll are afforded special facilities for practising as members of
that profession; and, without prejudice to the generality of the power conferred by the
foregoing provisions of this subsection, the regulations may‐
(a) require persons seeking enrolment by virtue of the regulations to pass such
examinations and to pay such fees as may be specified by or under the regula‐
tions;
(b) provide for the cancellation of enrolments having effect by virtue of the regu‐
lations where, in the opinion of the Attorney‐General, the facilities aforesaid
are altered or withdrawn.
(3) Except in pursuance of a direction given under the following provisions of this
Act by the Supreme Court or by the disciplinary committee established under those pro‐
visions, a person whose name has been struck off the roll in pursuance of a direction
given either before or after the commencement of this Act by that court or in pursuance
of a direction of the Disciplinary Committee, shall not be entitled to have his name en‐
rolled again.
3. Right of audience, and precedence
(1) Subject to the provisions of the next following subsection and of any enactment in
force in any part of Nigeria prohibiting or restricting the right of any person to be repre‐
sented by a legal practitioner in proceedings before the Supreme Court or the Sharia
Court of Appeal or any area or customary court, a legal practitioner shall have the right of
audience in all courts of law sitting in Nigeria.
(2) No legal practitioner (other than such a person as is mentioned in subsection (3)
of section 2 of this Act) shall be accorded the right of audience in any court in Nigeria in
any year, unless he has paid to the Registrar in respect of that year, a practising fee as is
from time to time prescribed by the Attorney‐General of the Federation after consultation
with the association.
[1999 No. 31.]
(3) The Registrar shall‐
(a) issue to every person by whom a practising fee is paid in respect of any year a
receipt for the fee in the prescribed form; and
(b) as soon as reasonably practicable after the end of January in each year and
thereafter from time to time during the year as he considers appropriate cause
to be printed in the prescribed form and put on sale a list or supplementary list
of the legal practitioners by whom practising fees have been paid in respect of
that year; and
(c) pay over to the Association as soon as may be after the end of each year a sum
equal to nine tenths of the aggregate amount of the practising fees received by
him in pursuance of this section during the year,
and a receipt purporting to be issued and list purporting to be printed in pursuance of this
subsection in respect of any year shall be evidence that the person named in the receipt
or, as the case may be, that any person named in the list has paid to the Registrar the
practising fee in respect of that year.
(4) Legal practitioners appearing before any court, tribunal or a person exercising ju‐
risdiction conferred by law to hear and determine any matter (including an arbitrator)
shall take precedence among themselves according to the table of precedence set out in
the First Schedule to this Act.
[First Schedule.]
4. Liability for negligence
(1) Subject to the provisions of this section, a person shall not be immune from li‐
ability for damage attributable to his negligence while acting in his capacity as a legal
practitioner, and any provision purporting to exclude or limit that liability in any contract
shall be void.
(2) Nothing in subsection (1) of this section shall be construed as preventing the ex‐
clusion or limitation of the liability aforesaid in any case where a legal practitioner gives
his services without reward either by way of fees, disbursements or otherwise.
(3) Nothing in subsection (1) of this section shall affect the application to a legal
practitioner of the rule of law exempting barristers from the liability aforesaid in so far as
that rule applies to the conduct of proceedings in the face of any court, tribunal or other
body.
10. Establishment of Disciplinary Committee
(1) There shall be a committee to be known as the Legal Practitioners' Disciplinary
Committee (in this Act referred to as "the Disciplinary Committee") which shall be
charged with the duty of considering and determining any case where it is alleged that a
person whose name is on the roll has misbehaved in his capacity as a legal practitioner or
should for any other reason be the subject of proceedings under this Act.
(2) The Disciplinary Committee shall consist of‐
(a) the Attorney‐General of the Federation, who shall be chairman;
(b) the Attorneys‐General of the States in the Federation;
(c) twelve legal practitioners of not less than ten years' standing appointed by the
Benchers on the nomination of the Association.
(3) The provisions of the Second Schedule to this Act shall have effect in relation to
the Disciplinary Committee.
[Second Schedule.]
11. Penalties for unprofessional conduct, etc.
(1) Where‐
(a) a person whose name is on the roll is judged by the Disciplinary Committee to
be guilty of infamous conduct in any professional respect; or
(b) a person whose name is on the roll is convicted, by any court in Nigeria having
power to award imprisonment, of an offence (whether or not an offence pun‐
ishable with imprisonment) which in the opinion of the Disciplinary Commit‐
tee is incompatible with the status of a legal practitioner; or
(c) the Disciplinary Committee is satisfied that the name of any person has been
fraudulently enrolled,
the Disciplinary Committee, may, if it thinks fit, give a direction‐
(i) ordering the Registrar to strike that person's name off the roll; or
(ii) suspending that person from practice by ordering him not to engage in
practice as a legal practitioner for such period as may be specified in
the direction; or
(iii) admonishing that person,
and any such direction may, where appropriate, include provision requiring the refund of
moneys paid or the handing over of documents or any other thing as the circumstances of
the case may require.
(2) Where a person whose name is on the roll is judged by the Disciplinary Commit‐
tee to be guilty of misconduct not amounting to infamous conduct which, in the opinion
of the Disciplinary Committee, is incompatible with the status of a legal practitioner, the
Disciplinary Committee may, if it thinks fit, give such a direction as is authorised by
paragraph (c) (ii) or (iii) of subsection (1) of this section; and any such direction may,
where appropriate, include provision requiring the refund of moneys paid or the handing
over of documents or any other thing, as the circumstances of the case may require.
(3) The Disciplinary Committee may, if it thinks fit, defer or further defer its decision
as to the giving of a direction under subsections (1) and (2) of this section until a subse‐
quent meeting of the Committee; but no person shall be a member of the Disciplinary
Committee for the purposes of reaching a decision which has been deferred or further
deferred unless he was present as a member of the Committee when the decision was
deferred.
(4) It shall be the duty of the Bar Council to prepare, and from time to time revise, a
statement as to the kind of conduct which the Council considers to be infamous conduct
in a professional respect, and the Registrar shall send to each person whose name is on
the roll and whose address is shown in the records of the Supreme Court relating to legal
practitioners, by post to that address, a copy of the statement as for the time being re‐
vised; but the fact that any matters are not mentioned in such a statement shall not pre‐
clude the Supreme Court or the Disciplinary Committee from adjudging a person to be
guilty of infamous conduct in a professional respect by reference to such matters.
(5) For the purposes of subsection (1) of this section, a person shall not be treated as
convicted as mentioned in paragraph (b) of that subsection unless the conviction stands at
a time when no appeal or further appeal is pending or may (without extension of time) be
brought in connection with the conviction.
(6) When the Disciplinary Committee gives a direction under subsection (1) or sub‐
section (2) of this section, the Disciplinary Committee shall cause notice of the direction
to be served on the person to whom it relates.
(7) The person to whom such a direction relates may, at any time within 28 days
from the date of service on him of notice of the direction, appeal against the direction to
the Appeal Committee of the Body of Benchers established under section 12 of this Act;
and the Disciplinary Committee may appear as respondent to the appeal and, for the pur‐
pose of enabling directions to be given as to the costs of the appeal and of proceedings
before the Disciplinary Committee, shall be deemed to be a party thereto whether or not it
appears on the hearing of the appeal.
(8) A direction of the Disciplinary Committee under subsection (1) or (2) of this sec‐
tion shall take effect‐
(a) where no appeal under this section is brought against the direction within the
time limited for the appeal, on the expiration of that time;
(b) where such an appeal is brought and is withdrawn or struck out for want of
prosecution, on the withdrawal or striking out of the appeal;
(c) where such an appeal is brought and is not withdrawn or struck out as afore‐
said, if and when the appeal is dismissed,
and shall not take effect except in accordance with the foregoing provisions of this sub‐
section.
(9) Where a direction is given under subsection (1) or (2) of this section for the re‐
fund of moneys paid or the handing over of documents or any other thing and within 28
days of the date of the direction (or where an appeal is brought, on the dismissal of the
appeal) the legal practitioner fails to comply with the direction, the Disciplinary Com‐
mittee may deal with the case as one involving misconduct by the legal practitioner in his
professional capacity.
12. Establishment of Appeal Committee of the Body of Benchers, etc.
(1) There shall be a committee to be known as the Appeal Committee of the Body of
Benchers (in this Act referred to as "the Appeal Committee") which shall be charged with
the duty of hearing appeals from any direction given by the Disciplinary Committee.
(2) The Appeal Committee shall consist of the following seven members of the Body
of Benchers, as may be appointed by the Body of Benchers from time to time, that is‐
(a) as chairman, a Bencher, who is a member of the Body of Benchers other than
by virtue of section 3 (1) (g) of this Act;
(b) two Attorneys‐General in the Federation;
(c) two Judges of the High Court of any State; and
(d) two members of the Association.
(3) On any appeal against a direction of the Disciplinary Committee, the Appeal Com‐
mittee may allow or dismiss the appeal in whole or in part, and if it is of opinion that any
direction given by the Disciplinary Committee should not have been given or that a dif‐
ferent direction should have been given by the Disciplinary Committee (whether more or
less severe), the Appeal Committee shall revoke the direction of the Disciplinary Com‐
mittee or, as the case may be, substitute there for such direction as it thinks ought to have
been given, being a direction which, under section 11 of this Act, could lawfully have
been given by the Disciplinary Committee.
(4) The Appeal Committee shall cause notice of any direction given by it under this
section to be served on the person to whom it relates.
(5) The person to whom such a direction relates may, at any time within 28 days
from the date of service on him of the notice of the direction, appeal against the direction
to the Supreme Court; and the Appeal Committee may appear as respondent to the appeal
and, for the purpose of enabling directions to be given by the Supreme Court as to costs
of the appeal before that court and of proceedings before the Disciplinary Committee, the
Appeal Committee shall be deemed to be a party to the appeal before the Supreme Court,
whether or not it appears on the hearing of that appeal.
(6) A direction of the Appeal Committee under subsection (3) of this section shall
take effect‐
(a) where no appeal under this section is brought against the direction within the
time limited for the appeal, on the expiration of that time;
(b) where such an appeal is brought and is withdrawn or struck out for want of
prosecution, on the withdrawal or striking out of the appeal;
(c) where such an appeal is brought and is not withdrawn or struck out as afore‐
said, if and when the appeal is dismissed,
and shall not take effect except in accordance with the foregoing provisions of this sub‐
section.
(7) Subject to this Act, the Body of Benchers may make rules prescribing the proce‐
dure to be followed in the conduct of appeals before the Appeal Committee.
appropriate, give such a direction as is mentioned in subsection (1) of section 11, and the
direction shall take effect forthwith; and except in the case of an admonition the court
shall cause notice of the direction to be published in the Federal Gazette.
(2) Where it appears to the Chief Justice that a legal practitioner should be suspended
from practice, either with a view to the institution against him of proceedings under this
Act before the Disciplinary Committee or while any such proceedings are pending, the
Chief Justice may if he thinks fit, after affording the practitioner in question an opportu‐
nity of making representations in the matter, give such direction as is authorised by para‐
graph (ii) of subsection (1) of section 11; and in deciding whether to give such a direction
in consequence of the conviction of a legal practitioner, the Chief Justice shall be entitled
to disregard the provisions of subsection (5) of that section.
14. Restoration of names to roll, etc.
(1) Where either before or after the commencement of this Act the name of any per‐
son has been struck off the roll or a person has been or is deemed to have been suspended
from practice, he may, subject to the provisions of subsection (2) of this section, make an
application for the restoration of his name to the roll or the cancellation of the suspen‐
sion‐
(a) if the striking off or suspension was ordered by the Chief Justice or the Su‐
preme Court, to that court; and
(b) in any other case, to the Disciplinary Committee.
(2) A direction under subsection (1) of section 11 of this Act or subsection (1) of
section 13 of this Act may prohibit an application under subsection (1) of this section
until the expiration of the period specified in the direction; and where such an application
is duly made to the Supreme Court or the Disciplinary Committee, the court or Discipli‐
nary Committee may direct that no further application shall be made under subsection (1)
of this section until the expiration of the period specified in the direction under this sub‐
section.
Remuneration of practitioners
15. Scales of charges
(1) There shall be a committee, to be called the Legal Practitioners Remuneration
Committee, which shall consist of‐
(a) the Attorney‐General of the Federation, who shall be the chairman of the
Committee;
(b) the Attorneys‐General of the States; and
(c) the president of the Association and three other members of the Association.
(2) The quorum of the Committee shall be three, of whom one shall be the chairman
of the Committee or some other member of the Committee nominated by him to act as
chairman of the Committee on the occasion in question.
(3) The Committee shall have power to make orders regulating generally the charges
of legal practitioners and, without prejudice to the generality of that power, any such
order may include provision as to all or any of the following matters, that is to say‐
(a) the maximum charges which may be made in respect of any transaction or ac‐
tivity of a description specified by the order;
(b) the ascertainment of the charges appropriate for any transaction or activity by
reference to such considerations as may be so specified;
(c) the taking by practitioners of security for the payment of their charges and the
allowance of interest with respect to the security; and
(d) agreements between practitioners and clients with respect to charges.
(4) The Committee shall not make an order under this section unless they have served
a copy of the proposed order on the President of the Association and have considered any
representations in writing made to the Committee by the Association within the period of
three months beginning with the date of service of the copy; and if the President of the
Association within twenty days of the day on which an order under this section comes
into force, signifies that the order be annulled it shall, except in relation to anything pre‐
viously done by virtue of the order, cease to have effect on the day next following the
date of the resolution and be deemed never to have had effect.
(5) Until the first order made in pursuance of this section comes into force, nothing in
this section shall be construed as affecting the law in force in any part of Nigeria with
respect to the remuneration of legal practitioners.
(c) that there are circumstances indicating that the client is about to do some act
which would probably prevent or delay the payment to the legal practitioner of
the charges,
then, notwithstanding that the period mentioned in paragraph (b) of subsection (2) of this
section has not expired, the court may direct that the legal practitioner be authorised to
bring and prosecute an action to recover the charges unless before judgment in the action
the client gives such security for the payment of the charges as may be specified in the
direction.
(b) make an order for the delivery up of, or otherwise in relation to, any docu‐
ments in the control of the legal practitioner which belong to or were received
by him from or on behalf of the client,
and without prejudice to the generality of the powers of the court to punish for contempt
or to the provisions of this Act relating to the discipline of legal practitioners, the court
may punish for contempt any legal practitioner who refuses or fails to comply with an
order under this subsection.
(5) The value of any consideration received by any person for anything done by a le‐
gal practitioner in his capacity as a legal practitioner shall, in so far as the value exceeds
the minimum charges to which by virtue of this Act the practitioner is entitled in respect
of that thing, be recoverable from any person who received the consideration or from the
legal practitioner by the person from whom the consideration moved either directly or
indirectly.
17. Applications for taxation of charges
(1) Except where a direction providing for the giving of security is given under sub‐
section (3) of section 16 of this Act and security is not given in accordance with the di‐
rection, the court shall, on an application made by a client within the period of one month
from the date on which a bill of charges was delivered to him, order that the bill shall be
taxed and that no action to recover the charges shall be begun until the taxation is com‐
pleted.
(2) Subject to the provisions of subsection (3) of this section, the court may if it
thinks fit, on an application made after the expiration of the period aforesaid by the legal
practitioner or (except as aforesaid) by the client in question‐
(a) order that the bill shall be taxed;
(b) order that until the taxation is completed no action to recover the charges men‐
tioned in the bill shall be begun and any such action already begun shall be
stayed,
and an order under the subsection may be made on such terms (other than terms as to the
costs of the taxation) as the court may determine.
(3) No order shall be made under subsection (2) of this section‐
(a) in any case, after the period of twelve months from the date on which the bill
in question was paid;
(b) except in a case where the court determines that there are special reasons for
making such an order, if twelve months have expired since the date of the de‐
livery of the bill or if judgment has been given in an action to recover the
charges in question,
and an order made by virtue of paragraph (b) of this subsection may contain terms as to
the costs of the taxation.
18. Taxation
(1) The taxation of a bill of charges shall be in accordance with the provisions of any
order in force under section 15 of this Act; and where no such order is in force or any
item falling to be taxed is not dealt with by the order, the charges to be allowed on taxa‐
tion of the item shall not exceed such as are reasonable having regard to the skill, labour
and responsibility involved and to all the circumstances of the case.
(2) If, at the time and place appointed in pursuance of rules of court for the taxation
of a bill, one of the parties appears and any other party does not, the taxing officer shall
proceed to tax the bill unless for special reasons he determines to adjourn or further ad‐
journ the taxation so as to afford an absent party an opportunity to be present; and where
he does so determine he may also determine by whom any costs of the adjournment or
further adjournment shall be payable.
(3) Where on the taxation of a bill it appears to the taxing officer that there are cir‐
cumstances of the case which make it appropriate to refer the taxation to the court, he
shall so refer it; and the court may either‐
(a) proceed itself to tax the bill and notify to the taxing officer the amount to be
declared and stated in his certificate in pursuance of the next following sub‐
section; or
(b) refer the taxation back to the taxing officer with its direction in the matter.
(4) On the completion of the taxation of a bill, the taxing officer shall forthwith de‐
clare the amount due in respect of the bill and shall file in the records of the court a cer‐
tificate signed by him stating that amount; and any party to the taxation shall be entitled
on demand to have issued to him free of charge an office copy of the certificate.
(5) If any party to the taxation is dissatisfied with a determination under subsec‐
tion (2) of this section or the amount stated in a certificate filed in pursuance of this sec‐
tion (other than a certificate stating the amount notified by the court under subsection (3)
of this section), he may, within 21 days from the date of the determination or filing, ap‐
peal to the court.
(6) The certificate of the taxing officer in respect of a bill of charges, or where the
certificate is varied on appeal, the certificate as so varied, shall be conclusive as to the
amount of the charges payable in respect of the bill; but nothing in this subsection shall
be construed as relieving a legal practitioner of any obligation to prove that a client is
liable to pay a bill of charges, or as precluding a client from disproving that he is so li‐
able.
(7) Subject to the provisions of any order made by virtue of subsection (3) of sec‐
tion 17 of this Act, if the amount stated in a certificate under this section relating to a bill
of costs, or in such a certificate as varied on appeal, is less than the amount of the bill
before taxation and the difference is equal to one sixth or more of the amount of the bill
before taxation, the costs of the taxation shall be payable by the legal practitioner, and in
any other case those costs shall be payable by the client.
19. Supplementary provisions as to remuneration
(1) Without prejudice to the provisions of section 24 of this Act, in sections 15, 16,
17, 18 and this section (in this section referred to as "the remuneration provisions") the
following expressions have the following meanings unless the context otherwise requires,
that is to say‐
"bill of charges" means such a bill as is mentioned in paragraph (a) of subsection (2)
of section 16 of this Act;
"the court" means the High Court of the State in which the legal practrtioner in
question usually carries on his practice or usually resides or in which the client in ques‐
tion usually resides or has his principal place of business or, in the case of a legal practi‐
tioner authorised to practise by warrant, the High Court of the State in which the pro‐
ceedings specified in the application for the warrant were begun;
"taxation" means taxation by the proper officer of the court, and cognate expressions
shall be construed accordingly.
(2) For the purposes of the remuneration provisions, a bill of charges is delivered if it
is served on or left for or sent to the client as mentioned in subsection (2) of section 16 of
this Act and, in relation to a bill of charges, "deliver" and cognate expressions shall be
construed accordingly.
(3) The remuneration provisions shall apply to a firm consisting of legal practitioners
in partnership as they apply to a legal practitioner.
(4) For the purposes of the remuneration provisions, a person shall be deemed to be a
legal practitioner in relation to any charges if he was a legal practitioner when he per‐
formed the services to which the charges relate.
Safeguards for clients, etc.
20. Accounts and records for clients' moneys
(1) Subject to subsection (4) of this section, the Bar Council may, from time to time,
as the Council considers expedient, make rules‐
(a) as to the opening and keeping by legal practitioners of accounts at banks for
clients' moneys; and
(b) as to the keeping by legal practitioners of records containing particulars and
information as to moneys received, held or paid by them for or on account of
their clients; and
(c) as to the opening and keeping by a legal practitioner who is the sole trustee, or
who is a eo‐trustee only with one or more of his partners, clerks or servants, of
an account at a bank for moneys of any trust of which he is the sole trustee or
such a eo‐trustee as aforesaid; and
(e) empowering the Bar Council to take such action as it thinks necessary to en‐
able it to ascertain whether the rules are being complied with.
(2) Rules made under subsection (1) of this section shall not come into force until
they are approved by order of the Attorney‐General, either without modification or with
such modifications as he thinks fit; but before approving any such rules with modifica‐
tions the Attorney‐General shall afford the Bar Council an opportunity of making repre‐
sentations with respect to the proposed modifications and shall consider any representa‐
tions made in pursuance of this subsection.
(3) If it appears to the Attorney‐General that any rules should be made, revoked or
altered in exercise of the powers conferred on the Bar Council by this section, he shall
make a recommendation in that behalf to the Bar Council; and if within the period of six
months beginning with the date of the recommendation the Council has not acted in ac‐
cordance with the recommendation, the Attorney‐General may, within the period of
twelve months beginning with that date, make rules giving effect to the recommendation.
(4) Rules under this section shall not require the keeping of accounts or records‐
(a) by a legal practitioner in respect of moneys received, held or paid by him as a
member of the public service of the Federation or a State; or
(b) in such other circumstances as may be specified by the rules.
(5) For the purposes of this section, "trustee" includes personal representative, and
in relation to a personal representative any reference to a trust shall be construed as a ref‐
erence to the deceased's estate.
(1) A bank at which a legal practitioner keeps an account for clients' moneys shall
not, in respect of any liability of the legal practitioner to the bank which does not arise in
connection with that account, have or obtain any recourse or right, whether by way of set‐
off, counter‐claim, charge or otherwise, against moneys standing to the credit of that ac‐
count.
(2) A bank shall not, in connection with any transaction in respect of an account of a
legal practitioner kept for clients' moneys with that or with any other bank (other than an
account kept by him as trustee for a specified beneficiary) incur any liability, or be under
any obligation to make any inquiry, or be deemed to have any knowledge of any right of
any person to any money paid or credited to the account, which it would not incur or be
deemed to have in the case of an account kept by a person entitled absolutely to all the
money paid or credited to the account.
General
22. Offences
(1) Subject to the provisions of this section, if any person other than a legal practitio‐
ner‐
(a) practises, or holds himself out to practise, as a legal practitioner; or
(b) takes or uses the title of legal practitioner; or
(c) wilfully takes or uses any name, title, addition or description falsely implying,
or otherwise pretends, that he is a legal practitioner or is qualified or recog‐
nised by law to act as a legal practitioner; or
(d) prepares for or in expectation of reward any instrument relating to immovable
property, or relating to or with a view to the grant of probate or letters of ad‐
ministration, or relating to or with a view to proceedings in any court of record
in Nigeria,
he is guilty of an offence and liable, in the case of an offence under paragraph (a) of this
subsection or a second or subsequent offence under paragraph (d) of this subsection, to a
fine of an amount not exceeding N200 or imprisonment for a term not exceeding two
years or both such fine and imprisonment, and in any other case to a fine of an amount
not exceeding N100.
(2) In subsection (1) of this section "instrument", in relation to immovable property,
means any document which confers, transfers, limits, charges or extinguishes any interest
in the property or which purports so to do, and "immovable property" includes un‐
extracted minerals.
(3) Nothing in subsection (1) of this section shall prevent a person from being dealt
with for contempt of court, but no proceedings for an offence under this section shall be
brought or continued against a person in respect of any act if he has been dealt with for
contempt of court in respect of that act.
(4) Nothing in paragraph (d) of subsection (1) of this section shall be construed as
making it an offence for any person to prepare an instrument‐
(a) in the course of his activities as a pupil of a legal practitioner or of his em‐
ployment as a clerk or servant of a legal practitioner;
(b) relating only to property in which he has or claims an interest (including an
interest as a personal representative or as a person entitled to any part of the
estate of a deceased person);
(c) relating only to proceedings to which he is a party, or prepared with a view to
proceedings to which he may be a party;
(d) for the purpose only of recording information or expert opinion intended for
use in, or with a view to, any proceedings;
(e) which is, or is intended to be, a will or other testamentary instrument;
(f) of such a class or description as the Attorney‐General may by order determine.
(5) Where an offence under this Act which has been committed by a body corporate
is proved to have been committed with the consent or connivance of, or to be attributable
to any neglect on the part of, any director, manager, secretary or other similar officer of
the body corporate, or any person purporting to act in any such capacity, he, as well as
the body corporate, shall be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
(6) No proceedings for an offence under this section shall be begun after the expira‐
tion of the period of three years beginning with the date of the offence.
(7) It is hereby declared that any agreement to transfer, either directly or indirectly,
any money or thing in consideration of any act which constitutes an offence under this
section is void; and any money or thing so transferred, or the value of the thing, shall be
recoverable by the transferor from the transferee or from any other person by whom the
offence was committed, whether or not any proceedings have been brought in respect of
the offence or the time for bringing such proceedings has expired.
(1) It shall be the duty of the Registrar to continue to maintain the roll of court kept
immediately before the passing of the Legal Practitioners Act 1962 in pursuance of rule 5
of Order XVI of the Supreme Court (Civil Procedure) Rules; and in this Act "the roll"
means the roll maintained in pursuance of this subsection.
(2) The Association shall pay any sums received by it by virtue of section 8 of this
Act into a separate fund which shall be used for the purposes of the Association; and it
shall be the duty of the Association‐
(a) to keep proper accounts in respect of the fund and proper records in relation to
the accounts; and
(b) to cause the accounts to be audited in each year by an auditor approved, as
respects that year, by the Auditor‐General for the Federation; and
(c) to cause a copy of the accounts and of the auditor's report thereon to be sent to
the Registrar and to each person by whom a practising fee has been paid in re‐
spect of the year in question in pursuance of section 8 of this Act.
(3) In calculating for the purposes of this Act the period of a person's standing as a
legal practitioner, there shall be taken into account any period before the passing of the
Legal Practitioners Act 1962 during which he was entitled by law to practise as a barris‐
ter and solicitor in any part of Nigeria.
(4) Except as otherwise provided by or under this Act, any document authorised or
required to be served by or under this Act may, without prejudice to any other means of
service, be served by post in a registered letter.
(5) Any application to a court or Judge in pursuance of this Act shall be made in the
prescribed manner.
24. Interpretation
In this Act, unless the context otherwise requires, the following expressions have the
meanings hereby assigned to them respectively, that is to say‐
"Appeal Committee" means the Appeal Committee of the Body of Benchers estab‐
lished by section 12 of this Act;
SCHEDULE
FIRST SCHEDULE
[Section 8 (4).]
Table of precedence
1. The Attorney‐General of the Federation.
SECOND SCHEDULE
[Section 10 (3).]
Supplementary provisions as to the Disciplinary Committee
The Disciplinary Committee
1. The quorum of the Disciplinary Committee shall be five of whom three shall be persons
mentioned in paragraphs (a) and (b) of section 10 (2) of this Act.
2. (1) The Chief Justice of Nigeria shall make rules for the purposes of any proceedings and
as to the procedure to be followed and the rules of evidence to be observed in proceedings
before the Disciplinary Committee.
(2) The rules shall in particular provide‐
(a) for securing that notice of the proceedings shall be given, at such time and in
such manner as may be specified by the rules, to the person against whom the
proceedings are brought;
(b) for determining who, in addition to the person aforesaid, shall be a party to the
proceedings;
(c) for securing that any party to the proceedings shall, if he so requires, be
entitled to be heard by the Disciplinary Committee;
(d) for enabling any party to the proceedings to be represented by a legal practitio‐
ner;
(e) subject to the provisions of subsection (7) of section 11 of this Act, as to the
costs of proceedings before the Disciplinary Committee;
(f) for requiring, in a case where it is alleged that the person against whom the
proceedings are brought is guilty of infamous conduct in any professional re‐
spect, that where the Disciplinary Committee adjudges that the allegation has
not been proved it shall record a finding that the person is not guilty of such
conduct in respect of the matters to which the allegation relates;
(g) for publishing in the Federal Gazette notice of any direction of the Disciplinary
Committee which has taken effect providing that a person's name shall be
struck off the roll or that a person shall be suspended from practice.
3. It shall be the duty of the Solicitor‐General of the Federation to afford to the Disciplinary
Committee such facilities, whether by way of accommodation, secretarial assistance or other‐
wise, as the Disciplinary Committee may reasonably require for the purpose of its functions.
Miscellaneous
4. (1) Subject to the provisions of section 10 of this Act a person appointed by the Benchers
on the nomination of the Association to be a member of the Disciplinary Committee shall,
unless he previously resigns, hold office for such term, not exceeding three years, as may be
specified in his instrument of appointment.
(2) A person ceasing to be a member of the Disciplinary Committee shall be eligible for
reappointment as a member of that body.
(3) A person may, if otherwise eligible, be a member of both the Disciplinary Commit‐
tee and the Appeal Committee; but no person who acted as a member of the Disciplinary
Committee in any case shall act as a member of the Appeal Committee with respect to that
case.
5. The Attorney‐General of the Federation or of a State may, if he thinks fit, direct the
Solicitor‐General of the Federation or, as the case may be, of the State, to act in his place as a
member of the Disciplinary Committee for the purposes of any case; and references to an
Attorney‐General in this Schedule or section 10 of this Act shall be construed accordingly.
6. The Disciplinary Committee or the Appeal Committee may act notwithstanding any va‐
cancy in its membership and no proceedings of the Disciplinary Committee or the Appeal
Committee shall be invalidated by any irregularity in the appointment of a member thereof or
by reason of the fact that any person who was not entitled to do so took part in the proceed‐
ings.
7. The Disciplinary Committee may sit in two or more divisions.
8. Any document authorised or required by this Act to be served on the Disciplinary Com‐
mittee shall be served on the Solicitor‐General of the Federation.
SUBSIDIARY LEGISLATION
ARRANGEMENT OF RULES
RULE
1. Short title.
2. Interpretation.
3. Submission of complaint.
4. Reference of case to tribunal by panel.
5. Parties to proceedings.
6. Appointment of legal practitioner to present case.
7. (1) Fixing of hearing day and service of notice thereof by the secretary.
(2) Notice of hearing.
(3) Form of notice.
8 Hearing in absence of parties.
9. Re‐hearing of case heard in absence of parties.
10. Hearing of witnesses and reception of document.
11. Members of Disciplinary Committee not to represent legal practitioner.
12. Penalty for giving false evidence.
13. Holding of proceedings in private and pronouncement of findings in public.
14. Adjournment of hearing.
15. Findings of Disciplinary Committee if legal practitioner is found not guilty.
16. Findings and direction of Disciplinary Committee if legal practitioner is found guilty.
17. Findings, etc., in cases not amounting to infamous conduct.
18. Costs.
19. Publication of findings and direction of Disciplinary Committee.
20. Record of proceedings.
21. Dispensing with provisions of rules.
22. Extension of time.
23. Exhibits and books to be kept by secretary.
SCHEDULE
1. Short title
These Rules may be cited as the Legal Practitioners (Disciplinary Committee) Rules.
2. Interpretation
In these Rules‐
The Nigerian Bar Association may appoint a legal practitioner to present the case be‐
fore the Disciplinary Committee.
[S.I. 17 of 1994.]
7. Fixing of hearing day and service of notice thereof by the secretary
(1) On the direction of the chairman of the Disciplinary Committee the secretary
shall fix a day for the hearing of the case and shall serve notice thereof on each party to
the proceedings.
Notice of hearing
(2) The notice of hearing may be served either personally or by registered post ad‐
dressed to the residence of each party to the proceedings, or in the case of the legal prac‐
titioner against whom charges have been brought, by registered post addressed to his
principal place of business or to the address gi ven by him when he last paid a practising
fee.
Form of notice
(3) The notice shall be in the form set out in the Schedule hereto and there shall be at
least thirty days between the service of any such notice and the day fixed therein for the
hearing.
8. Hearing in absence of parties
If any party fails to appear at the hearing, the Disciplinary Committee may, upon
proof of service on such party of the notice of hearing, proceed to hear and determine the
case in his absence.
9.Re‐hearing of case heard in absence of parties
Any party who has failed to appear at the hearing may within one calendar month
from the pronouncement of the findings and direction of the Disciplinary Committee and
upon giving notice to every other party and to the secretary, apply to the Disciplinary
Committee for a re‐hearing and the Disciplinary Committee, if satisfied that it is just that
the case should be re‐heard, may grant the application upon such terms as to costs or oth‐
erwise as it deems fit.
(b) suspending that legal practitioner from practice by ordering him not to engage
in practice as a legal practitioner for such period as may be specified in the di‐
rection; or
(c) admonishing the legal practitioner.
an appeal may be entered has expired; and, if notice of appeal is given, until the appeal is
heard or otherwise disposed of.
[Rule 7.]
SCHEDULE
ARRANGEMENT OF ORDER
ORDER
1. Regulation of remuneration in legal documentation and other land matters.
2. Exclusion of certain expenses, etc.
3. Drafts, etc., to be client's property.
4. Business requiring special exertion.
5. Legal practitioner may give notice on election to charge under Scale III.
6. Security against remuneration interest on disbursements, etc.
7. Fees chargeable to be as specified in Scales.
8. Rules for the operation of fees specified in the Scales.
9. Interpretation.
10. Citation and revocation.
SCHEDULE
"copying" does not include making copies required by any Government official or
land registry in connection with the approval on registration of deeds;
"perusal" or "peruse" means carefully reading and proffering an opinion on a
document.
10. Citation and revocation
(1) This Order may be cited as the Legal Practitioners (Remuneration for Legal
Documentation and Other Land Matters) Order.
(2) The Legal Practitioners (Remuneration for Conveyancing Matters) Order 1971 is
hereby revoked.
[L.N. of 1971.]
SCHEDULE
[Sections 1,5 and 7.]
SCALE I
Scale of charges on sales, purchases, and mortgages and rules applicable thereto
PART I
(1) (2) (3) (4) (5)
4. Purchase’s legal
practioner for
investigating title to
leasehold property
and preparing legal
documentation
(including perusal
and completion of
contract, (if
22.50 11.25
any)…………………. As in Part II 7.50
5. Mortagor’s legal thereof
practioner for
negotiating loan…… 11.50
11.50 3.75
6. Mortagor’s legal 2.50
practioner for
deducing title to
leasehold property ,
perusing mortgage
and completing ……. As in Part II
22.50 11.50
7. Mortgagee’s legal thereof 2.50
practitioner for
negotiating loan…… 22.50 5.00
22.60 7.70
8. Mortagee’s legal
practioner for
investigating title to
a leasehold
property, and
preparing and
completing
22.50 11.50
mortgage………….. As in Part II 2.50
9. Purchser’s legal thereof
practioner for
negotiating a
purchse and
vendor’s legal
practitioner for
negotiating a sale of
property by private
3.75 3.62
auction…………….. 22.50 2.80
PART II
Consideration Remuneration
N
Under N200 ……………………………………………………………………………………………………………146.75
N200 or over but not exceeding N300 ………………………………………………………………….157.50
PART II – continued
Consideration Remuneration
N
Over N300 but not exceeding N300 ……………………………………………………… 173.25
Over N400 but not exceeding N600 ............................................. . 189.20
Over N600 but not exceeding N700 ............................................. . 193.75
Over N700 but not exceeding N800 ............................................. . 200.00
Over N800 but not exceeding N900 ............................................. . 213.75
Over N900 but not exceeding N1,000 .......................................... . 225.00
Over N1,000 but not exceeding N1,100 ....................................... . 235.25
Over N1, 100 but not exceeding N1,200 ...................................... . 247.50
Over N1,200 but not exceeding N1,300 ....................................... . 258.75
Over N1,300 but not exceeding N1,400 ....................................... . 270.00
Over N1,400 but not exceeding N1,500 ....................................... . 281.25
Over N1,500 but not exceeding N1,600 ....................................... . 292.50
Over N1,600 but not exceeding N1 ,700 ...................................... . 301.75
Over N1 ,700 but not exceeding N1,800 ...................................... . 303.75
Over N1,800 but not exceeding N1,900 ....................................... . 316.25
Over N1,900 but not exceeding N2,000 ....................................... . 337.50
PART III
Rules applicable to Scale I
1. Fractions
Fractions of two hundred naira, under one hundred naira shall be reckoned as one hun‐
dred naira and fractions of two hundred naira, above one hundred naira, are to be reckoned as
two hundred naira.
2. Legal practitioner representing both parties to a mortgage
Where a legal practitioner is representing both mortgagor and mortgagee, he shall be en‐
titled to charge the mortgagee's legal practitioner's fees and one half of the fees which would
be allowed to be the mortgagor's legal practitioner.
If a legal practitioner peruses a draft on behalf of several parties having distinct interests
which ought to be separately represented, he shall be entitled to charge‐
N
(a) Up to N2,000 ............................................................................. 500
(b) N2,001 – N10,000 ..................................................................... 750
(c) N10,001‐N100,000..................................................................... 1,500
(d) Above N100,000 ..................................................................... 2,500
4. Party separately represented
Where a party, other than the vendor or mortgagor, joins in a legal documentation and is
represented by a separate legal practitioner, the charges of the separate legal practitioner are to
be dealt with under the provisions of Scale III set out in this Schedule.
(b) to further charges where the title has been so previously investigated,
and the transfers and further charges, shall be regulated according to Scale III set out in this
Schedule, but the scale for negotiating the loan shall be chargeable on such transfers and fur‐
ther charges as applicable.
10.Sale by auction
(1) The Scale for conducting a sale by auction shall apply only in cases where no com‐
mission is paid by the client to an auctioneer.
(2) The scale for negotiation shall apply‐
(a) to cases where the legal practitioner or a vendor or purchaser arranges the sale
or purchase and the price, terms and conditions thereof and no commission is
paid by the client to an auctioneer's legal practitioner; and
(b) to cases where the legal practitioner arranges and obtains the loan from a per‐
son for whom he acts.
SCALE II
PART I
Scale of charges for leases or agreements for lease at rack rent (other than a mining
lease or a lease for building purposes, or agreement for the same)
1. The lessor's legal practitioner's scale of charges for preparing, settling and completing the
lease and counterpart shall be as follows ‐
Amount of rent Amount of remuneration
(a) where the rent does not exceed
N100 ............................. N37.50 on the rental but not less than N25 in any case;
(b) where the rent exceeds N100 but
does not exceed N1,000 N7.50 in respect of the first N100 of rent and N25 in
respect of each subsequent N100 of rent or part
thereof;
(c) where the rent exceeds N1,000 ... N37.50 in respect of the first N100 of rent and N25 in
respect
of each N100 of rent or part thereof up to
N1,000 and then N12.50 in respect of every
subsequent N100 or part thereof.
2. The lessee's legal practitioner's scale of charges for perusing draft and completing scale of
charges draft shall be one half of the amount payable to the lessor's legal practitioner.
PARTII
Scale of charges for legal document in fee or for any other legal estate reserving rent or
building leases reserving rent or other leases for a term of 35 years or more at rack rent
(except mining leases) or agreementfor the same respectively
1. (1) The vendor's or lessor's legal practitioner's scale of charges for preparing, settling
and completing legal documentation and duplicate of lease and counterpart shall be as fol‐
lows‐
PART III
Where a legal practitioner acts for both lessor and lessee, he shall charge the lessor's le‐
gal practitioner's charge and one half of those of the lessee's legal practitioner.
2. Mortgagor
Where a mortgagee or mortgagor joins in a lease, the lessor's legal practitioner shall
charge N100 in addition to the fee chargeable.
3. Other parties
Where a party other than a lessor joins in a lease and is represented by a separate legal
practitioner the charges of the separate legal practitioner shall be dealt with under Scale ill set
out in this Schedule.
6. Payment of fees
In the absence of any specific agreement to the contrary between the parties, each legal
practitioner shall be paid his fees by the party instructing him.
SCALE III
Any business, not being contentious business for which the charge is prescribed by section 2
or in respect of which the legal practitioner has, in accordance with section 5 elected to
charge under Scale III
[Section 1.]
The Scale of charges for any business not provided for elsewhere in this Order shall be
such sums as may be fair and reasonable, having regard to all the circumstances of the case
and in particular to‐
(a) the complexity of the matter or the difficulty or novelty of the questions raised;
(b) the skill, labour, specialised knowledge and responsibility involved on the part
of the legal practitioner;
(c) the number and importance of the documents prepared or perused, without
regard to length;
(d) the time expended by the legal practitioner in the business;
(e) the place where and the circumstances in which the business or a part thereof is
transacted;
(f) the amount of money or value of property involved; and
(g) the importance attached to the business by the client.
SCHEDULE
[Order 1.]
Law officers in the Federal Ministry of Justice entitled to practise as barristers and so‐
licitors.
1. Directors.
2. Deputy Directors.
3. Assistant Directors.
4. Chief Legal Officers.
5. Assistant Chief Legal Officers.
6. Principal Legal Officers.
7. Senior Legal Officers.
8. Legal Officers.
9. Pupil Legal Officers.
ENTITLEMENT TO PRACTISE AS BARRISTERS AND SOLICITORS
(NATIONAL ASSEMBLY OFFICE) (LEGAL PRACTITIONERS) ORDER
[S.1. 8 of 1995.]
under section 2 (3) (b)
SCHEDULE