Concerns over new conditions for SAN rank

There are concerns among lawyers over the new conditions for lawyers wishing to attain the rank of Senior Advocate of Nigeria (SAN).

Many lawyers have decried “commercialisation” and “politicisation” of the bar’s highest honour and privilege, which is similar to the UK’s rank at the inner bar known as the Queen’s Counsel (QC).

Applicants to register online, pay N.6m

The Legal Practitioners Privileges Committee (LPPC) had in a publication on January 5, announced that the application for this year’s SAN rank would be made through the website of the committee; which opened on January 1, till April 1.

The LPPC also stated that applicants should pay a non-refundable processing fee of N600,000 into the account numbers of the committee and upload the evidence of such payment to the portal.

In the notice, LPPC stated that a notification email from the LPPC secretariat would be sent to an applicant confirming and clearing them to proceed with the application process online.

The advertorial, which was signed by the acting Registrar of the Supreme Court and Secretary of the LPPC, Hajo Sarki Bello, indicated that the call for the 2022 applications was based on the combined provisions of Section 5(2) of the Legal Practitioners Act, Cap L11 Laws of the Federation of Nigeria 2004, and Regulation 9 of the Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria 2018. 

The notice reads in part: “After uploading copies of all mandatory or supporting documents online, applicants shall also submit five flash drives containing a copy of their completed application form (to be downloaded from the online portal), as well as copies of all the mandatory and supporting documents uploaded on the online platform to the LPPC secretariat.

“Any application, together with supporting documents, submitted in a manner contrary to the directives of the LPPC as enumerated above will be rejected by the secretariat.” 

Some criteria for SAN

The 2016 federal government’s official gazette, updated in 2018, for the appointment of SANs listed the criteria for which candidates’ competence shall be based on and other qualifications. They include:

Section 16 (2) of the act stipulates integrity – 20 per cent; opinion of judges and the strength of references received by candidates -20 per cent; general knowledge of law – 25 per cent; contribution to the development of law – 10 per cent; leadership qualities in the profession – 10 per cent; and qualities of law office/library – 15 per cent.

Sub-Section 2 further provides that: “Each member of the Legal Practitioners’ Privileges Committee shall receive copies of application forms, copies of references and a list of particulars of reported cases (from Supreme Court) or copies of unreported judgments and reports of chambers inspection in respect of all candidates at least one week before the final selection interview date.”

Section 17 of the act provides diverse criteria that candidates can be assessed on, among which are candidates must have been called to bar for at least 10 years, consultation may be held with the chief judge of the high court where the candidate practices and the local branch of the Nigerian Bar Association (NBA) to determine this; the candidate must be of good character and must have successfully concluded several cases, and must present income tax for three years.

Selection process abused —  Lawyers

The Coordinator of Malcolm Omhirobo Foundation, Malcolm Omhirobo Esq, said the unnecessary preference given to SANs was killing the legal profession and causing delays in proceedings. 

According to Omhirobo, this happens when cases of junior lawyers get delayed or adjourned because those of SANs have to be called out of turn due to their seniority.

He said, “The SAN rank has become highly commercialised and politicised that sometimes many persons who are not supposed to be SANs are the persons who are there.”

“There are so many quota system SANs who ought not to be so appointed.”

He added that, “Why is it that LPPC is always afraid to call people to order, especially when they were asked to call the Attorney General of the Federation (AGF), Abubakar Malami (SAN), to order?”

On his part, Hameed Ajibola Jimoh Esq said the rank of SAN was a prestigious award of excellence. 

Jimoh said, “It happens in every profession. We need to check the processes, but not to scrap it entirely. To be a lawyer and get to that rank is not easy.”

He further said the decision to move the registration online might be due to the COVID-19 pandemic or the ongoing digitisation of processes in the judiciary.

He said the LPPC had no regulatory or appellate body thus its decisions were final.

Jimoh said, “They should not arrogate the role of God to themselves. But that is how it is now, and if they want to make the fee N5m, that will be because SANship is a privilege; not a right.” 

In his view, E. M. D. Umukoro Esq said the prestigious rank of SAN was supposed to be awarded to lawyers of proven integrity and those who had developed the hard work and legal skills required.

Umukoro said, “Are there such lawyers? Yes. But the way and manner of the award now leave much to be desired.

“It is not just ever expensive, but is beyond the reach of most lawyers without connection and the financial muscle. 

“To get an appeal or get a date in the superior courts is now like attempting to get a visa to the Western nations. 

“While not advocating scrapping of the rank, more needs to be done to ensure the son or daughter of a nobody who has no connection but has all the requisite qualities earlier stated is not left out.”

A lawyer who pleaded anonymity because he is an aspirant for the rank, bemoaned the huge sums involved in applying for the rank of SAN.

He said, “The N600,000 is just the amount made public, when the committee comes to inspect offices of applicants and their libraries, they do get much more than that.”

However, he said, “The benefits of being a SAN are worth the trouble.”

Privileges of a SAN

Lawyers say the privileges attached to the SAN rank are enormous, including being preferred to represent the rich members of the society and big companies. 

Furthermore, SANs are allowed to sit on the front row of courts and have their cases called first before other lawyers’ and they retain the respect of judges.

It is also believed that since the AGF is usually picked from among SANs, such office holders usually give major complex cases to lawyers of the same rank to handle.