History Of The Legal Profession Flashcards

(34 cards)

1
Q

What year was the Supreme Court Ordinance enacted in Nigeria?

A

1876

The ordinance established the framework for legal practice in Nigeria.

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2
Q

What are the three classes of people allowed to practice law in Nigeria according to the Supreme Court Ordinance of 1876?

A
  • Professionally qualified legal practitioners
  • Those who served Articles
  • Local Attorneys
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3
Q

Who qualifies as a professionally qualified legal practitioner in Nigeria?

A

Those admitted to the Inns of Court or as solicitors in England, Scotland, and Ireland

Most of these practitioners were barristers.

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4
Q

How long must a person serve articles to qualify as a solicitor under the Supreme Court Ordinance of 1876?

A

5 years continuously

This is under section 73 of the ordinance.

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5
Q

What was the role of the Chief Justice under section 74 of the Supreme Court Ordinance of 1876?

A

To admit temporarily fit and proper persons as Local Attorneys.

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6
Q

What happened in 1914 regarding the appointment of Local Attorneys in Nigeria?

A

No further Local Attorneys were appointed due to protests from professionally qualified lawyers.

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7
Q

What educational qualification was required to become a barrister in Nigeria during the 1914-1962 period?

A

West African School Certificate.

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8
Q

What are the two parts of the Bar examination for barristers?

A
  • Bar Part 1
  • Bar Final
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9
Q

What was a requirement for students aspiring to become barristers in England?

A

They must keep 12 dining terms.

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10
Q

What exemption was available for law degree holders wishing to become barristers?

A

A law degree with 2nd Class Honour exempts a student from Bar Part 1 examinations.

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11
Q

What was the minimum period for articleship for solicitors?

A

4 years.

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12
Q

What was the role of a solicitor in England?

A
  • General legal adviser
  • Draws up leases and conveyances
  • Drafts wills
  • Prepares commercial agreements
  • Gives legal advice
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13
Q

True or False: A law degree was required to become a solicitor.

A

False.

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14
Q

What significant changes occurred in legal practice in Nigeria after 1945?

A

The Supreme Court Ordinance of 1876 was repealed and new conditions for enrolment were introduced.

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15
Q

What were the recommendations of the Unsworth Committee in 1959?

A
  • Establish Nigeria’s own system of legal education
  • Establish a faculty of law
  • Establish a Nigerian Law School
  • Set qualifications for admission to legal practice
  • Create a Council of Legal Education
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16
Q

What significant acts were passed to implement the recommendations of the Unsworth Committee?

A
  • Legal Education Act 1962
  • Legal Practitioners Act 1962
17
Q

What are the three categories of legal practitioners defined by the Legal Practitioners Act of 1962?

A
  • Those entitled to practice generally
  • Those entitled to practice for a particular office
  • Those entitled to practice for particular proceedings
18
Q

What is required for a person to be entitled to practice generally under the Legal Practitioners Act?

A

Their name must be on the roll of Legal Practitioners kept by the Chief Registrar.

19
Q

What is a qualifying certificate, and who issues it?

A

It states that a person is qualified to be called to the Bar, issued by the Council of Legal Education.

20
Q

What are the two conditions for issuance of a qualifying certificate?

A
  • Nigerian Citizenship
  • Successful completion of a course of practical training in the Nigerian Law School
21
Q

True or False: Non-citizens can now be called to the Nigerian Bar.

22
Q

What can the Council do regarding attendance at the Law School?

A

Waive the requirement for attendance under certain conditions.

23
Q

What may happen if a minimum attendance is not satisfied?

A

The student may be asked to withdraw from the course or not allowed to sit for examination.

24
Q

What is mandatory attendance required for besides the main course?

A

Attendance at other programmes arranged by the school, such as law office attachment and Court attachment.

25
Under what conditions can the Council waive the attendance requirement for the Law School?
The Council can waive the requirement before issuing a qualifying certificate under Sections 2(a) & 2(b) of the Legal Education (consolidation) Act 1976.
26
What acts allow for the exceptional exercise of the waiver power?
The Professional Bodies Special Provisions Act 1972 and the Professional Bodies (Legal Profession) Exemption Order 1973.
27
What criteria must be met for exemption from attendance at the Law School?
* The person must be a Nigerian citizen. * The person must qualify to be admitted to the Law School. * The qualifying subjects for admission must include all core subjects prescribed by the Council of Legal Education. * The person must have lost the opportunity to attend the Law School for reasons beyond their control.
28
Who may be partially exempted from the Bar Part I course?
* Graduates from Common Law jurisdictions who have taught Law for five years in a Nigerian University. * Graduates from Common Law jurisdictions who have taught Law for ten years in a Nigerian University.
29
What is the significance of the Legal Practitioners Act Section 2(3)?
It entitles persons exercising specific government office functions to practice as barristers and solicitors.
30
Which offices are designated as entitled to practice under the Legal Practitioners Act?
* Attorney General * Solicitor-General * Director of Public Prosecution * Directors * Deputy Directors * Assistant Directors * Chief Legal Officers * Assistant Chief Legal Officers * Principal Legal Officers * Senior Legal Officers * Legal Officers * Pupil Legal Officers.
31
What is required for a person to practice as a barrister in particular proceedings according to Section 2(2) of the Legal Practitioners Act?
An application must be made to the Chief Justice, who may permit practice for proceedings if the legal system is similar to that of Nigeria.
32
Fill in the blank: A person may practice as a barrister for the purposes of proceedings if authorized by warrant under the hand of the _______.
Chief Justice
33
What is the fee for practicing as a barrister for specific proceedings, as mentioned in the Legal Practitioners Act?
A fee not exceeding fifty naira.
34
What legal case is referenced in context with the entitlement to practice?
Awolowo v. Usman Sarki, Minister of Internal Affairs and the Attorney-General of the Federation (1962) LLR 177.