JUST IN: Senate Proposes Two-Year Pupîllage For New Lawyers
JUST IN: Senate Proposes Two-Year Pupîllage For New Lawyers
ABUJA – The Senate on Wednesday passed a bill to amend the Legal Practitioner Act, 2004 into second reading, proposing a two-year mandatory pupillage for all newly called to the Nigerian Bar as part of its reforms to regulate the country’s legal profession in line with modern realities.
The upper chamber also agreed that the bill would restructure and empower the Body of Benchers, as the apex regulatory institution for the first time in the history of this country with focus on corporate legal personality, financial autonomy, strengthened its secretariat, clear rule-making authority; and institutional structure for committees and oversight.
Led by Leader of the Senate, Senator Opeyemi Bamidele, senators debated the bill at the plenary on Wednesday with a view to modernising the legal profession, in line with global standards as observed in jurisdictions, such as the United Kingdom, Canada, South Africa and Kenya.
After due consideration of the bill at its chamber, the Senate, presided over by the Deputy President of the Senate, Senator Barau I. Jibrin, okayed holistic reform and regulation of the legal profession, in line with modern realities.
Consequently, the Senate passed the bill into second reading while mandating the Committee on Judiciary, Human Rights and Legal Matters to conduct public hearing on it and report to the plenary within two weeks.
In his lead debate, Bamidele noted that the Legal Practitioners Act, 2004, “currently in operation, is almost six decades old in context and structure, as it was designed for a legal environment that no longer exists.”
He added that the nature of legal practice today “has drastically evolved with technology, digital court processes, multi-dimensional commercial transactions, cross-border legal issues, and increased public demands for accountability and ethical conduct.
Promoting discipline and restoration of public confidence in the profession. Another innovative aspect of the proposed bill, is the provision that introduces two years of mandatory pupilage for lawyers, newly called to the Nigerian Bar, except in approved special circumstances as well as the mandatory continuing professional development, as a requirement for renewing a practising licence.
“This is to ensure that lawyers stay updated and competent throughout their careers. Also worthy of mentioning is the provision that criminalises unauthorised legal practice to curb the growing concerns about impostors and unqualified individuals posing as lawyers.
“The bill clearly defines the practice of law and criminalises unauthorised practice, which is essential for the protection of citizens from fraud and abuse. The bill is also envisaged to regulate foreign lawyers, reform the rank of Senior Advocate of Nigeria and enhance client protection and financial safeguards, among others.”
Also speaking on the proposed legislation on Wednesday, Chief Whip of the Senate, Senator Tahir Monguno, supported the Senate Leader, narrating the realities of legal practice when he became a legal practitioner over 35 years ago.
Emphasising the national significance of the bill, Monguno urged his colleagues to vote in favour of reforms in the legal profession, saying the bill “is very apt and germane. We are in the digital age, and our legal profession must reflect these realities.”
Senate Insists On Death Penalty For Banditry, Kidnapping
Meanwhile, the Senate on Wednesday maintained its insistence on the death penalty for financiers, informants, and other supporters of banditry, kidnappings, terrorism in the country.
The Senate during a debate on amendments to the Terrorism (Prevention and Prohibition) Act 2022 as proposed by the Senate Leader, Senator Opeyemi Bamidele, also stressed that anyone who knowingly assists, facilitates, or supports kîdnåppîng operations must pay the ultimate price.
The debate also agreed to place kidnapping under the terrorism framework anywhere in the federation thereby authorising law enforcement agencies to dismantle kidnapping networks by enabling stronger enforcement.
In his lead debate, Senator Bamidele explained that the amendment was to designate kîdnapping, hostage-taking and related offences as acts of terrorism and prescribe the death penalty for such offences without option of fine or alternative sentence; and for related matters.
He stated the gravity of the prescribed penalty for kidnapping and other related offences, noting that such offences “have become one of the most pervasive and destructive crîmes in our nation today. What were once isolated incidents have escalated into coordinated, commercialised, and militarised acts of violence perpetrated by organised crîminal groups.”
“Across every region of our country”, the Senate Leader, argued that kidnapping “has instilled widespread fear in communities; undermined national economic activities and agricultural output; interrupted children’s education; bankrupted families forced to pay ransom; overstretched our security forces, and claimed countless innocent lives.”
“These crîminals kîll victims even after ransom is paid; subject victims to brütal torture; rape, mutilate, and starve hostages and use ransom proceeds to fund more wëapons and more crîmes. This is not a mere crîme. It is têrrorism in its purest form.
“Our moral, constitutional, and legislative duty is to protect Nigerian lives. If an offence repeatedly results in mass murder, mass fear, mass displacement, and systemic destabilisation, then the strongest legal sanction becomes necessary.
