Ugwuta Emmanuel UgochukwuThe Nigerian Body of Benchers on 12th July 2016 admitted almost 2300 successful candidates into the legal profession; one of them was the president’s daughter, Halima Buhari. With this addition, the number of lawyers in the country is estimated to be about 110,000. With the numbers of judges estimated to about 1,050, this is obviously an under supply of lawyers and judges to service our population of about 168 million. To put this in perspective; it gives a ratio of one lawyers to 1,500 Nigerians, and a judge to 160,000 Nigerians.
Compared with our dream justice systems, I dare say we need more lawyers and judges. The United State with a population of 322 million boasts of 1.3 million lawyers while the United Kingdom has about 169 thousand solicitors with a population of 65 million. This gives a ratio of one to 247 citizens for the US and one to 384 citizens for the UK. The differences in technological advancement and justice systems notwithstanding, the forgoing numbers raises a question about access to judicial justice in Nigeria.
The Law Commission of Ontario simply defined Access to justice as “access to lawyers and courts.” The Commission further notes that in this sense “increasing access to justice may mean ensuring physical accessibility to the court house, simplifying procedural rules, using plain language in a statute, explaining what the law means on the internet, provision of translation, dispute resolution other than through the court, legal and similar steps in removing barriers of various kinds.”
For these new wigs, they are expected to provide legal services to our teaming population and promote the course of justice in general. To achieve this, they are expected to open a law firm or join an existing one where salary mostly as low as 15000 naira per month; in a nation where inflation is at an all time high of 16.5%.
The direct consequence of this is mass movement of lawyers into lucrative or at least constant paying jobs in the civil service, banks, private business etc. Many are still out of jobs ironically in a nation where the statistics suggests under population of lawyers. Niyi Akintola (SAN), one to the aspirants for the Nigerian Bar Association top job lamented in a recent interview that about 100 lawyers are on him for jobs.
While statistics suggests we need more lawyers; lawyers say they need jobs; one is then apt to ask what kind of jobs are they seeking? In the face of wanton human right abuses; harmful traditional practices; abuse of power, etc? But the fact that they are looking for job suggests disconnect between the people and the legal system and between the legal system and the lawyer. Beyond the job loss due to ADR, new entrants seem to have emerged on the legal sphere- religious diviners and traditional doctors.
For instance, an in-law adversely claims a deceased property; the widow of the deceased runs to her pastor who declares seven praying and fasting. Within these seven days, the in-law renounces claim to the land; the pastor receives bounties as tithes and offering. On another hand, a search for missing items requires only a consultation of these traditional doctors. The suspect is revealed, confronted and often confesses. The traditional doctor gets goats, offerings and recommendations. This system is largely effective and simple though limited in scope. However they carter for millions of our population mostly in the rural areas. There are challenges but they seem to be growing in demand and perhaps, effectiveness; thus administering justice with our society.
The residue of these legal problems, mostly in the urban centers is the concentration of these teaming lawyers, both old and new. These include cases on company law, politics, tenancy and contracts. Accordingly, many are out of jobs. There is an apparent over supply against a low demand, price invariably becomes poor.
So it’s not just about numbers but the implementation of the recommendations of the Law Commission cited above like:
Simplifying procedure rule;
Providing interpretations;
Using plain language etc.
This becomes more interesting when we consider that one of the sources of Nigerian law is customary laws. In a nation of more than 300 ethnic groups, this becomes challenging for the Nigeria lawyer. Surprisingly this customary law do not form part of the curricular for the Nigerian Law School; while the universities teaches customary law, only as part of a course- “Nigeria legal system” at the introductory stages of learning law- second year. This teaching, not surprising is in the negative; the fact that for this customs to be upheld, it must not be “repugnant to natural justice, equity and good conscience” ;( the precise meaning of the italised words largely uncertain).
The growing resort to these practices is also a testament of the cumbersome nature of our judicial process shrouded in antiquity and mythical terms. “Motion on notice;” “injunctions,” “affidavits”, writs and adjournments etc. The lawyer demands appearance fee for a section that barely lasted for three minutes and adjourned for months, having just resumed after three months. The growing frustration, cost and lack of believe in the ability of the justice system to do justice draws many Nigerians to this praying/vision centres and traditional doctors. The lawyer is often called upon as an appendage to this process or when something goes wrong.
Solutions to all this is far beyond our new wigs; am sure many senior advocates will be delighted to offer Halima a good pay; but the hundreds that look to Mr. Niyi Akintola want something done. The system therefore must rise up and clear up its desk. The Bar association, ministry of justice and all concerned must look inwards and reform our laws to meet reality. Lawyers must also adhere to their professional ethics to maintain available clients and shun the get rich quick syndrome. Senior lawyers must also be generous with their resources and encourage young colleagues to rise to the ranks.
Ugwuta Emmanuel Ugochukwu is a lawyer, writes from Abuja Nigeria.
