Opinion
That Motion For The Abolition Of SAN
This year’s Nigerian Bar Association’s Annual General Conference, held in Lagos between 17th to 21st of August, 2009, may have come and gone; but the dust and ripples raised by a motion, from an octogenarian lawyer, Pa Tunji Gomez, seeking a total demise of the rank of the Senior Advocate of Nigeria (SAN) in the legal profession in Nigeria will linger on in perpetuity as long as the new trends in the rank still exist. The protagonists of the Movement for the Abolition of the rank of SAN have strenuously accused the rank of metamorphosing into a cult or cartel within the legal profession, among others. They have a case. However, a dispassionate appraisal of the current dynamics of the rank of the Senior Advocate Nigeria must be had in order to avoid a situation of throwing the baby out with the bath water.
The rank of SAN is one of the relics of our colonial heritage manifest in the legal profession. In the United Kingdom, a dichotomization between senior-level advocates popularly christened Queen’s Counsel and junior counsel still holds sway today. Presently, the status of the rank of the Senior Advocate of Nigeria has transcended its historical link to its mother legal system of the United Kingdom as it has its status defined by law. Section 5 of the Legal Practitioners Act, Cap L ll, Laws of the Federation of Nigeria, 2004 empowers the Legal Practitioners’ Privileges Committee to confer on deserving legal practitioners the rank of the Senior Advocate of Nigeria To qualify for this prestigious rank, a prospective legal practitioner must have practiced as a legal practitioner in Nigeria for a period not less than ten years and have achieved distinction in the legal profession in such a manner as the Legal Practitioners’ Privileges Committee may from time to time determine. Thus, beyond every shadow of doubt, the rank is a creature of statute and can only be abolished or amended by an Act of the National Assembly, not through the method sought by the Pa Tunji Gomez-led Movement.
The rank of SAN is, indeed, a privileged rank. In practice, the modus operandi is that a learned Senior Advocate of Nigeria in court has the exclusive right of sitting in the inner bar, or, where no such exists, on the front row of the seats available at the Bar. A member of the rank of the SAN also has the right to mention any case in which he is appearing or any other cause else or matter which is on the list for mention, even if such a cause is the last on the list.
A learned SAN, in the same vein, has the right in Court to exhaust his list of cases slated for mention before the baton can pass on to non-SANs in Court. This practice is in line with the age-long code of seniority and decorum which characterise the profession.
Ironically, the enormity of the privileges, particularly as being exercised by learned Senior Advocates today, has left a bitter pill in the mouths of young and up-coming (litigation)Lawyers in Nigeria. The untoward brandishing of self-importance by some members of the rank coupled with the blandishments our near-ignorant public throws on SANs has bred non-SANs, especially young lawyers, into an “endangered species”. Getting juicy and “fat” briefs has been extended into the list of privilege-exclusivity of the rank. Consequently, young (and usually brilliant) lawyers have been rendered inconsequential and denied a right in the booty which the profession offers. This has also driven young lawyers to other unrelated fields – though not unmindful of the fact that the lawyer’s training makes him employable in countless areas of human endeavour – thereby denying the profession the wealth of contribution that will have ordinarily come from this group.
The recent trends in the rank of the SAN have, as understood by the Nigerian public, polarised the members of the legal profession into real lawyers and “charge-and-bail”. The (ill) logic of the uninformed Nigerian public is: if you’re not a SAN; bullshit! You are a charge-and-bail! This, perhaps, may have accounted for the desperate hunt for the rank of SAN by every lawyer who has just met the ten years post-call-to-bar requirement irrespective of his or her contribution to the profession. The less-than-new vituperation of the selection process as favouring the money-bag may not be unconnected to the uncommon demand of the rank by lawyers. This, of course, has tremendously dented the image of the profession no less the rank.
Mercy Oke-Chindah
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