CHARGE-AND-BAIL LAWYERS: SYMPHONY OF A PERFUNCTORY THEATRICS LEGAL EDUCATION
                                              The Sunday Punch online newspapers publication of December 30, 2007 on“Good and ugly sides of charge-and-bail lawyers” by Kayode Ketefe with all
  due respect is an exposition of the quality and reliability of Nigerian
  legal education which is designed to produce apprenticeship lawyers rather
  than critical thinking lawyers armed with the didactic practical knowledge
  of the law as it relates to social, cultural, health, technology and
  political aspects of our society. My heart goes to those struggling young
  Nigerian professionals who are branded charge-and-bail (CAB) for
  patronizing magistrate courts. This practice is across the board of the
  profession in various forms. If CAB is soliciting clients at magistrate
  courts, it is akin to lawyers soliciting corporations for clientele as
  external solicitors. Neither is it different from lawyers using executive
  membership of the Nigerian Bar Association (NBA) as a spring board for
  governmental appointment as attorney general or members of an agency or commission. The only
  difference being that the former merely apply for bail on behalf of the
  accused person while the others solicit for appointment as external
  solicitors or present themselves as government critiques with the
  intention of being appointed as government officials. Whatever the
  reasoning, they are all in violation of Article 33 of the Rules of
  Professional Conduct that bars lawyers from direct or indirect
  solicitation for clients. Two wrongs cannot make a right. Even in
  American, ambulance chasing has now gone beyond lawyers visiting accident
  scenes to open radio, television and newspapers advertisement that could
  be direct solicitation, which is prohibited in Nigeria.
                                                Nevertheless, the Nigerian legal education just like any other aspect of
                          Nigerian education does not meet the challenges of 21st century lawyers
                          since lawyers successes are often attributed to pupilage experience that
                          is analogous to articleship or apprenticeship as opposed to rigorous
                          didactic practical training. Law school education is not necessary
                          wherever pupilage is in place, as it is mere apprenticeship, which is
                          devoid of any critical thinking of social, political, economic, health and
                          technological concerns that connotes dynamic process of conceptualizing,
                          analyzing, and applying information as a guide to actions. Articleship has
                          no structured process for setting goals and actualizing such goals.  Law
                          is not just an act but also an “instrument of social engineering” which
                          transcends every facet of human endeavour. Therefore it is imperative that
                          lawyers look beyond victories in court and predict the basis and outcome
                        of issues.  Hence Nigeria through her lawyers in collaboration with the UNO has created
  huge refuge crises for Nigerians being deported from their ancestral home
  in Bakkasi.
                      
                      The foundation of any profession starts with the introduction of basic
        fundamentals or procedures. The fundamentals are taught and practiced
        throughout the duration of the program. In this instant, it is the
        Nigerian laws of evidence, legal drafting and conveyancing, and criminal
        and civil procedures as they keep reoccurring in every course. This
        structure, except the law of evidence, is introduced last without much
        practical orientation in the university. So the law graduate has little or
        no practical training or even the slightest critical thinking on simple
        issues of law and politics or simple societal desires. This gives room to
        articleship of Mugo Park legal training with skimpy and deplorable income.
        Lawyers have no repeated exposures and demonstrations of structured
        advocacy, or conveyancing, or intellectual debates, or practical skills
        and creativity in simple legal issues, or even corporate legal advising as
        diversified as the profession. 
                      They are inundated with theories like any other Nigerian profession, except
  theatre acts, without first hand practical experience. There is no
  Nigerian law faculty that has a legal clinic session or legal stimulation
  lab where students can demonstrate and rehearse theories learnt in class.
  Even majority of the legal educators have no practical experience in any
  field of law be it litigation, administration or even politics. They were
  hired right away from colleges after national youth service corps (NYSC)
  to maintain and preserve the status quo of lack of intellectual
  competition and/or critical thinking. 
                      This lack of intellectual
                          competition and/or critical thinking lead lawyers to participate as
                          ministers in illegal and criminal governments that violated human rights
                          abysmally and caused members of the executive committee of the Nigerian
                          Bar Association (NBA) to use their positions to solicit and accept
                          appointment as Attorney-General of the federation or members of other governmental agencies. Even so, there are no sanctions
  by the NBA against such inglorious misconduct, since it is a mere resume
  bolster. NBA is a not for profit organization whose opinion with open
  mind should be based on research and investigation, that should be widely
  published, advertised and even lobbied for possible adoption by any
  government and/or any legislative body. Thus NBA has no set goals or
  objectives for a greater and better Nigeria, apart from deriding
  government’s policies for which it has no concrete solutions. Some of its
  executive members have various hidden individual ambitions. What happens
  is that some NBA executive members like other professional leaders
  readily criticize government to be part of that government? The body does
  not even welcome suggestions and solutions from the public.
          
          The NBA ought to be in the forefront of providing legal education to
          Nigerians through various mass media. Such education would not only
          guarantee the rights of Nigerians, but would create jobs for young
          lawyers. For example how many Nigerians know that they have the right to
          sue for negligence under the following instances: failure of police to
          respond to distress call which caused a citizen damage or traumatic
          experience, or failure of any government to repair a sink hole which
          caused road accident or even death, or failure of INEC to ensure a
          peaceful election knowing well that Nigerian politicians are criminally
          violent and such violence could cause death or traumatic experience and
          did cause death or traumatic experience to innocent voters, or failure of
          political parties to call their supporters to order during election
          knowing that their supporters are disorderly and could engage in violent
          and criminal misconduct that  caused harm to innocent voters, or military harassment of voters on election day when they ought
  to be in Bakkasi defending our refugee brothers created by united nations
  international court of justice in collaboration with Nigerian leaders, or
  failure of hospital to follow trauma protocols in treating accident
  victim, or failure of a university to provide adequate security to
  prevent violent secret cult actions that caused death, rape or post
  traumatic stress disorder, or lawyers knowingly indulging in scam (419),
  or  a government official knowingly using government funds to fund
  political organizations and religious bodies, or  religious leaders,
  traditional rulers and state governments knowingly allowing their
  followers and citizens to kill and maim non-members of their religion and
  non-indigenes? The list of green area of litigation to refine our society
  is endless as that is the goal of law in general as an instrument of
  social engineering. 
                      Though, NBA can sanction any attorney general or director of public prosecution who maliciously
  prosecute or cause the unlawful detention of another citizen or
  collaborates with government to disobey court orders. Yet there is no
  evidence of NBA sanctioning judges that were found corrupt in the early
  2000s or lawyers openly paraded by the police for fraud. Lawyers are the
  precursor to make this happen. This can only happen through an effective
  bar leadership that provides continuous legal education for lawyers and
  the general public at large. A bar that challenges and seek review of
  antiquated laws and ensures that a director general of any commission
  that has power to review corporations does not sit in the board of
  corporations he or she ought to supervise as this is the greatest height
  of unprofessionalism and irresponsibility. For a judge cannot be a judge
  in his own course. 
                      That Babangida’s law prohibiting tinted windshield of
                          vehicles is anachronistic and antithetical to modern medicine, therefore should be expunged from our law books. This is
  how a 21st century lawyer thinks. Educating people and thinking beyond
  application for bail or using executive membership of NBA to solicit
  governmental appointment. Lawyers have the responsibility to promote
  justice by ensuring equal opportunity and accessibility to justice. NBA
  can only achieve this through mass media education.
                      
                                                In any case the Nigerian legal education needs complete surgical overhaul
            that would bring out the best and brightest legal minds in the world whose
            reasoning and actions would transcend monetary benefits and personal
            aggrandizements, but would focus on impacting lives regardless of race,
            tribe, creed, colour or financial standing. Therefore, the Nigerian Law
            School should be phased out and in its place should be the Council of
            Legal Education solely responsible for the conduct of general bar exam and
            scrutiny for call to bar. The council of legal education and NBA should
            jointly be responsible for accreditation of law schools and ensure that no
            new law school is opened in the next five years until all faculties of
            law, which thereafter become schools of law, meet the following
            requirements:
            Provision of sophisticated library and student learning centers with
            Internet facility, legal clinics and legal stimulator labs, at least 1,200
            or more hours of legal clinic, court and chambers attachment with proof of
            work done.  The body of benchers in collaboration with the Nigerian Bar
              Association should call for a public hearing on the way forward for a new
              and vibrant legal education that is practical and obtainable by any
              Nigerian and inculcate critical thinking in its syllabus and emphasize
              practical training rather than theories as it is now done. NBA should
              desist from mere criticisms of government to actual participant by
              identifying problems and setting down the solutions and lobbying the
              legislature for legislation for their adoption or
              invoking the judiciary for judicial review of administrative actions as
              the  case may be. Therefore, Nigerian professionals, except theatre act,
              what is your policy?
                      
                          
                          Nasiru Nash Haruna Esq.
                          Charleston SC USA
                          nasharuna@yahoo.com
                          843-207-9890