Professional Documents
Culture Documents
ON
BAR-BENCH RELATIONSHIP
Prepared by:
Ibrahim Barkindo.
CONTENTS
1. Introduction
a) Barrister/Attorney/Advocate
3. Bench in Nigeria
4. Bar in Nigeria
5. Lawyer’s Ethics
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1. INTRODUCTION
This course is created in view of the fact that there is always an unpleasant
relationship between judges of Area/Sharia courts and lawyers. The perceived causes
of the problem are lack of understanding of lawyer’s work by the judges and in most
times disrespect of the judges from the part of the lawyers. It is thought that one of the
causes of the problem may be overtaken if there is a better understanding of a lawyer
and lawyer’s work on the part of the judges.
These short notes attempts to introduce, who a lawyer is, what he does generally, his
role in litigation and the ethics guiding his work. So that judges know them better,
hence reshape their perspective of lawyers, which may lead to change of behaviour. If
lawyers go contrary to their ethics, the judge knows which body controls lawyers, and
how lawyers are disciplined.
The other limb of the problem needs to be tackled also i.e. towards changing lawyers’
attitudes towards Sharia/Area court judges. Others need to set the ball rolling.
Bar means a group (association) of Lawyers. When used in relation to court, it means
lawyers, lawyer or where lawyers sit in court.
Bench mean judges, the judge in court or where the judge sits in court. For our
purposes, it means the judge in court.
Who is a lawyer?
A lawyer is one whose business is law or relating to law. He is a legal practitioner i.e.
one who practices law. He must be one who has a degree in law and passed law school
examinations and is called to the Bar (joins lawyers).
The type of work that lawyers do include: representing parties to litigation in court,
preparing legal documents like contracts, agreements, Deeds of sale, assignment of
land, forms companies, perfection of some documents. Others include, seeking bail
for accused persons in police station, courts; writing legal opinion etc
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Only a lawyer can be appointed as Attorney General and judge of a superior court of
record with the exception of the Sharia court of Appeal and the Customary court of
Appeal.
Types of Lawyers:
a) Barrister: is a lawyer who goes to court and represent clients (he is involved in
litigation). Some other names used for barristers are Advocate, Attorney.
b) Solicitor: when a lawyer is doing work in the chambers, he is called a solicitor,
including preparing pleadings (documents for use in court eg summons,
motions). Other words used to describe a solicitor is Notary, legal adviser, legal
consultant.
3. BENCH IN NIGERIA
Judges are of various degrees in Nigeria, just as the courts. We have judges of the
Sharia Courts, Upper and Higher Sharia Courts, Customary Courts; Magistrates are
the “judges” of Magistrates courts. These courts are called inferior courts of record.
We also have superior courts of record: High Court, Sharia Court of Appeal,
Customary Court of appeal and Federal High court. “Judges” of the High Court and
Federal High Court are called Judges (J) and both courts are headed by Chief Judges
(CJ), judges of the Sharia Court of Appeal are called Kadhis, the Court is headed by a
Grand Kadhi (GK), Customary Court of Appeal also have Judges and is headed by a
President of the Customary court of appeal (PCCA).
We have the Court of Appeal; the judges are called Justices of the Court of Appeal
(JCA sing-JJCA pl) and the Court is headed by the President of the Court of Appeal
(PCA). The apex Court in the country is the Supreme Court of Nigeria, the judges of
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the court are called Justices of the Supreme Court (JSC sing-JJSC pl) and the Court
is headed by the Chief Justice of Nigeria. (CJN)
Some people make mistake by calling judges of the High court “Justices”. Justices of
the Court of Appeal and Supreme Court “Judges” or the Chief Justice of Nigeria
“Chief Judge of Nigeria” and Chief Judge/Justice of the Federation”. The last one,
Chief Justice of the Federation, once existed, but the name was replaced with CJN.
When we are speaking to judges or referring to them, there are titles of respect we use:
a) Sharia court judges/Upper/Higher Sharia court judges, Customary court
judges and the Chairman and members of tribunals are addressed as “Your
Honour”. Some people address Sharia judges as “Akramakallahu” and “Ya
Hadratal Kadhi”.
b) Magistrates are addressed as “your worship”
c) Judges and Justices of Superior Courts of record are referred to as “your
lordship” “my lord” by ethics, women who are judges and justices should
be referred to as “my lady” or “your ladyship”, however, in practice in
Nigeria, they are addressed and referred to as “my lord” and “your lordship”,
so as not to allow the misuse of the words, and that there are not ladies in
law.
Judges are called judicial officers, and the entire judges of a state are under the CJ,
the entire judges in the Federation are under the CJN.
4. BAR IN NIGERIA
Lands need documentation and registration; companies need registration, filings, legal
advice; governments and establishments always need legal opinion on various issues;
businessmen always need documentation in forms of contracts, bills, promissory
notes; banks and financial institutions need loan agreements, Deeds of mortgage,
letters of pledge; when a person dies, there is a need for probate and letters of
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administration; wherever there is commerce, there must be criminals, the government
must prosecute them, the system is too technical, there is a need for technical equals to
defend them. In all these circumstances, lawyers provide services, and in most of the,
exclusive services.
Engagement of Lawyers:
The various areas in Nigeria where lawyers work may be summarized as follows:
a) Government employees:
i. State counsel: lawyers that work in the Ministry of Justice: each State
in the Federation must have a Ministry of Justice, and is headed by
Commissioner of Justice, who is also the Attorney General (AG) of the
State. There must also be a Federal Ministry of Justice, and is headed
by Minister of Justice, he is also the Attorney General of the Federation
(AGF). The lawyers who work in the ministry of justice are called state
counsel (lawyers of the state). They are called Law Officers.
Private lawyers are in the Private Bar and are engaged by private individuals,
corporations, government (State, Federal, Local and government establishments).
They do not act as government employees and are not restricted in the areas of
practice. They cannot however, handle government work except if they are briefed by
the government. Governments do give private lawyers a lot of work, if this is the case,
their work is limited to the particular issues or cases given. Criminal prosecutions
generally are not prosecuted by private lawyers, except if the Attorney General gives
fiat for that or briefs a private lawyer to prosecute the suspects.
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b) Lawyer-client relationship: employment in criminal cases, adverse
influences, control and management of a case, limits of support for
client’s case, how lawyers briefed, debriefed;
c) The system of legal practice: from where a lawyer practices, how he
charges, types of engagements of lawyers, financial matters, what to do
and not to do while looking for job;
d) Lawyer and his professional colleagues: how treated, equality,
competition, ill-feeling;
e) Lawyer’s ultimate duty to the course of justice:
The judge cannot do any or both, because he weighs what each party says. So
lawyers assist in making things clear.
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g) Counsel must be fully prepared to go on with the case and not to seek
unnecessary adjournment thereby wasting the court’s time;
h) Counsel must conduct his case in a logical sequence thereby assisting the
court to follow the case with ease( e.g. Plaintiff’s evidence/case first, then
defendant’s);
i) Counsel must be candid and fair (truthful).
As lawyers are always in the courts, it is likely that some may behave in
manners that may amount to contempt of court.
Types of contempt:
a) Contempt that is criminal: words or acts that obstructs or
interfere with administration of justice (e.g. calling the judge a
liar)
b) Contempt that is civil: disrespect in procedure, e.g. disobedience
to orders of court.
15.Glossary of Terms:
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