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President Bola Tinubu has transmitted an executive bill to the Senate seeking the repeal of the Legal Practitioners Act, 2004, and its reenactment with a new regulatory framework for the legal profession.
Notice of the bill was contained in a letter read by the Senate President, Godswill Akpabio, during the plenary on Tuesday.
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In the letter, Mr Tinubu requested the repeal of the existing Act, originally enacted in 1962, and submitted the draft of a new bill aimed at strengthening the regulation of legal practice in Nigeria.
He stated that the proposed legislation introduces a modern legal framework to enhance professional standards, disciplinary mechanisms, and public confidence in the legal system.
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“I’m pleased to transmit to the Senate for consideration and passage into law a bill repealing the legal practitioners Act CAP L11 Laws of the Federation 2004 which was enacted into law in 1962.
“The draft bill introduces a new legal framework, strengthening the regulations of the legal practitioners in Nigeria and providing necessary reforms to enhance professional standards, discipline, mechanisms and public confidence in legal practice in Nigeria,” the letter reads.
Mr Tinubu explained that the need for a new Act became necessary due to persistent challenges in enforcing professional conduct among legal practitioners and ensuring an effective disciplinary and accountability structure.
“The Senate may wish to note that legal practitioners play a crucial role in upholding justice, the rule of law, and access to justice. However, evolving challenges with respect to regulating professional conduct of legal practitioners, as well as establishing appropriate disciplinary measures and a legal accountability, stronger professional ethics, and a more transparent regulatory structure for legal practitioners in Nigeria, all of which are critical in view of the growing domestic and international demands for legal services in this country,” he added.
New bill establishes disciplinary committee
The full draft of the bill was not released to journalists to know specific disciplinary procedures it is proposing and whether the disciplinary committee will also have power to discipline judges.
However, the president’s letter indicates that Section 17 of the proposal seeks to establish a Legal Practitioners’ Disciplinary Committee (LPDC) to handle cases of professional misconduct.
Section 18 proposes penalties including suspension, restriction, reprimand, and removal from the bar for practitioners found guilty.
“Section 17 establishes the Legal Practitioners’ Disciplinary Committee, with jurisdiction to consider and determine cases of misconduct by legal practitioners, while Section 18 provides for a range of penalties, including suspension, restriction, reprieve, and removal from the rule,” the letter states.
The bodies constitutionally and statutorily responsible for the discipline of legal practitioners in Nigeria are the National Judicial Council (NJC) for judges and the Legal Practitioners Disciplinary Committee (LPDC) (under the authority of the Body of Benchers) for all other lawyers.
NJC is established under Section 153 of Nigeria’s constitution. It is the exclusive body constitutionally empowered to handle complaints and exercise disciplinary control over all judges irrespective of the ranking of the court.
NJC’s disciplinary powers are limited to matters of professional misconduct and breach of the judicial code of conduct. Where a judge is accused of a criminal offense such as theft and murder, they can be investigated and prosecuted by state authorities without prior recourse to the NJC, though special protocols apply due to their office.
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The LPDC, on the other, hand is the statutory body responsible for the discipline of erring lawyers, that is legal practitioners who are not judicial officers in Nigeria. It operates under the general oversight and authority of the Body of Benchers. The LPDC is established by Section 10(1) of the Legal Practitioners Act and is charged with considering and determining cases where a lawyer is alleged to have misbehaved in their professional capacity.
Two-year mandatory tutelage
Sections 25–26 of the proposed bill introduce a mandatory two-year tutelage period and a licensing regime for legal practitioners. It is not yet clear whether the tutelage requirement applies exclusively to lawyers or also to judges.
The sections also propose compulsory continuing professional development, the issuance of practising licences, and mandatory use of stamps and seals for authentication of legal documents.
Protecting public interest
Section 1 of the bill outlines the objectives of the proposed Act, which include promoting and protecting the public interest, promoting the rule of law, improving access to justice, and increasing public awareness of citizens’ rights and obligations.
Section 2 highlights the core principles expected of legal practitioners, such as integrity, confidentiality, ethical standards, and duty to clients and the courts.
Section 3 reaffirms the Body of Benchers as the authority responsible for admitting qualified persons to the bar.
After reading the letter, the senate president referred the bill to the Senate Committee on Rules and Business for further legislative action and directed the committee to report back within four weeks.
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