LEGAL PRACTITIONERS ACT

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LEGAL PRACTITIONERS ACT
An Act to re‐enact the Legal Practitioners Act 1962 as amended up to date.
[1962 No. 33.1975 No. 15.1976 No. 29.1977 No. 40.1977 No. 67.1979 No. 9. 1979 No. 75. 1988 No. 46.]
[16th May, 1975]
[Commencement.]
The General Council of the Bar
1. Establishment of Bar Council
(1) There shall be a body to be known as the General Council of the Bar (in this Act referred to as “the Bar Council”) which shall be charged with the general management of the affairs of the Nigerian Bar Association (subject to any limitations for the time being provided by the constitution of the Association) and with any functions conferred on the Council by this Act or that constitution.
(2) The Bar Council shall consist of‐
(a) the Attorney‐General of the Federation, who shall be the president of the
Council;
(b) the Attorneys‐General of the States; and (c) twenty members of the Association.
(3) The persons mentioned in paragraph (c) of subsection (2) of this section shall‐
(a) be elected to serve on the Bar Council at elections in which all members of the Association are entitled to vote in such manner as may be provided by the con‐ stitution of the Association; and
(b) hold office for such period as may be determined by or under that constitution,
and not less than seven of those persons shall be legal practitioners of not less than ten years’ standing.
(4) The quorum of the Bar Council shall be eight, and the Council may make stand‐ ing orders regulating the procedure of the Council and, subject to the provisions of any such orders, may regulate its own proceedings; and no proceedings of the Council shall be invalidated by any vacancy in the membership of the Council, or by the fact that any person took part in the proceedings who was not entitled to do so. Practice as a legal practitioner
2. Entitlement to practise
(1) Subject to the provisions of this Act, a person shall be entitled to practise as a bar‐ rister and solicitor if, and only if, his name is on the roll.
(2) If‐
(a) an application under this subsection is made to the Chief Justice by or on be‐ half of any person appearing to him to be entitled to practise as an advocate in any country where the legal system is similar to that of Nigeria; and
(b) the Chief Justice is of the opinion that it is expedient to permit that person to practise as a barrister for the purposes of proceedings described in the applica‐ tion,
the Chief Justice may by warrant under his hand authorise that person, on payment to the Registrar of such fee not exceeding fifty naira as may be specified in the warrant, to practise as a barrister for the purposes of those proceedings and of any appeal brought in connection with those proceedings.
(3) A person for the time being exercising the functions of any of the following of‐ fices, that is to say‐
(a) the office of the Attorney‐General, Solicitor‐General or Director of Public
Prosecutions of the Federation or of a State;
(b) such offices in the civil service of the Federation or of a State as the Attorney‐ General of the Federation or of the State, as the case may be, may by order specify,
shall be entitled to practise as a barrister and solicitor for the purposes of that office.
(4) A certificate signed by, or by a person authorised either generally or specially in that behalf, any of the persons mentioned in paragraph (a) of subsection (3) of this sec‐ tion stating that a particular individual is exercising the functions of a particular office shall, without prejudice to any other means of proof, be conclusive proof for the purposes of that subsection that the individual is exercising the functions of that office; and any document purporting to be a certificate under this subsection shall be admitted in evi‐ dence and, until the contrary is proved, be deemed to be such a certificate.
3. Establishment of Body of Benchers
(1) There shall be a body of legal practitioners of the highest distinction in the legal profession in Nigeria to be known as “the Body of Benchers” which shall be responsible for the formal call to the Bar of persons seeking to become legal practitioners, and which shall consist of the following members, that is‐
(a) the Chief Justice of Nigeria and all the Justices of the Supreme Court;
(b) the President of the Court of Appeal;
(c) the Attorney‐General of the Federation;
(d) the Presiding Justices of Court of Appeal Divisions;
(e) the Chief Judge of the Federal High Court;
(f) the Chief Judge of the Federal Capital Territory, Abuja; (g) the Chief Judges of the States of the Federation;
[1990 No. 2.]
(h) the Attorneys‐General of the States of the Federation;
[1990 No. 2.]
(i) the President of the Nigerian Bar Association;
[1990 No. 2.]
(j) the Chairman of the Council of Legal Education;
[1990 No. 2.]
(k) thirty legal practitioners nominated by the Nigerian Bar Association; and
[1990 No. 2.]
(l) such number of persons, not exceeding ten, who appear to the Body of Bench‐
ers to be eminent members of the legal profession in Nigeria of not less than 15 years’ post‐call standing.
[1990 No. 2.]
(2) The Body of Benchers shall be a body corporate with perpetual succession and a common seal.
(3) Except as provided under subsection (4) of this section or by regulations made under subsection (5) of this section, a Bencher shall (unless he previously vacates it) vacate his office as a Bencher if he ceases to be the holder of any office by virtue of which he was appointed a Bencher.
(4) Notwithstanding anything in subsection (3) of this section, the Chief Justice of
Nigeria shall hold office as such Bencher for life.
(5) The Benchers may make regulations‐
(a) providing for an increase in the membership of the Body of Benchers as set out in subsection (1) of this section and the qualifications for and conditions applic‐ able to such membership;
(b) providing for the tenure of office of Benchers including the conferment of life membership on any Bencher and the circumstances in which any Bencher may become a supernumerary Bencher;
(c) providing for the appointment of persons of distinction in any country as hon‐ orary members of the Body of Benchers and the conditions applicable to such appointment;
(d) providing for the composition and quorum of the Benchers for the purpose of
the exercise of any of the functions conferred on the Benchers under this Act and for the determining in connection thereto of any matter which, in the opinion of the Benchers, requires to be determined; and
(e) providing, either generally or in respect of any particular case, for the dis‐ charge of the functions conferred on the Benchers under this Act.
(6) Any Bencher may in such manner and subject to such procedure as may be pre~ scribed be removed from office for misconduct or on such other ground as the Benchers may, in their discretion, determine to be sufficient.
(7) The Benchers shall meet at such times and places as may be convenient for them and may, in such manner as they think fit, prescribe the procedure for their meetings.
(8) Except as may be provided by regulations made under subsection (5) of this sec‐ tion, the quorum of the Benchers shall be ten.
(9) The validity of any proceedings of the Benchers shall not be affected by any va‐ cancy in the membership of the Benchers or by any defect in the appointment of a mem‐ ber or by any irregularity in the proceedings of any of their meetings.
(10) For the purpose of this section‐
(a) “functions” includes powers and duties; and
(b) “prescribed” means prescribed by regulations made by the Body of Benchers,
and the operation of section 11 (2) of the Interpretation Act (which deals with references in an enactment to acting appointments) is hereby excluded.
[Cap. 123.]
4. Call to the Bar
(1) Subject to the provisions of this section, a person shall be entitled to be called to the Bar if‐
(a) he is a citizen of Nigeria; and
(b) he produces a qualifying certificate to the Benchers; and (c) he satisfies the Benchers that he is of good character.
[1992 No. 9.]
(2) Notwithstanding the provisions of subsection (1) of this section, a person may also be entitled to be called to the Bar, if‐ (a) he is a non‐citizen of Nigeria;
(b) he produces a qualifying certificate to the Benchers; and (c) he satisfies the Benchers that he is of good character.
[1992 No. 9.]
(3) The Council of Legal Education may by regulations provide that the provisions of paragraph (b) of subsection (1) of this section shall not apply in such cases and on such conditions (if any) as may be specified by the regulations.
(4) The Benchers shall issue to every person called to the Bar pursuant to subsec‐ tions (1) and (2) of this section, a certificate of call to the Bar which shall be in such form as the Benchers may determine.
5. Conferment, etc., of the rank of Senior Advocate of Nigeria
(1) Subject to subsection (2) of this section, the Legal Practitioners’ Privileges Com‐ mittee established under subsection (3) of this section may by instrument confer on a le‐ gal practitioner the rank of Senior Advocate of Nigeria.
(2) A person shall not be conferred with the rank of Senior Advocate of Nigeria un‐ less he has been qualified to practise as a legal practitioner in Nigeria for not less than ten years and has achieved distinction in the legal profession in such manner as the Commit‐ tee may, from time to time, determine.
(3) There shall be a committee to be called the Legal Practitioners’ Privileges Com‐ mittee which shall consist of the following‐
(a) the Chief Justice who shall be chairman;
(b) one Justice of the Supreme Court;
(c) the Attorney‐General of the Federation; (d) the President of the Court of Appeal;
(e) five of the Chief Judges of the States;
(f) the Chief Judge of the Federal High Court; and
(g) five legal practitioners who are Senior Advocates of Nigeria.
(4) The members of the committee under paragraphs (c), (e), and (g) of subsec‐ tion (3) of this section shall be appointed by the Chief Justice of Nigeria in consultation with the Attorney‐General of the Federation.
(5) Members of the committee under paragraphs (c), (e) and (g) of subsection (3) of this section shall hold office for two years after which they shall be eligible for re‐ appointment for one further term of two years only.
(6) The Legal Practitioners’ Privileges Committee may act notwithstanding any va‐ cancy in its membership.
(7) The Legal Practitioners’ Privileges Committee may, with the approval of the
Body of Benchers, make rules as to the privileges to be accorded to Senior Advocates of
Nigeria, as to the functions of a legal practitioner, which are not to be performed by a Senior Advocate of Nigeria, as to the mode of appearance before courts by a Senior Ad‐ vocate of Nigeria, and generally, but without prejudice to the foregoing, for ensuring the dignity of the rank of Senior Advocate of Nigeria.
(8) Until the first rules made in pursuance of subsection (7) of this section come into force, a Senior Advocate of Nigeria shall not be entitled to engage in practice as a mem‐ ber of the legal profession otherwise than as a barrister, but nothing in this subsection shall be construed as precluding a Senior Advocate of Nigeria from entering into, or con‐ tinuing in partnership with a legal practitioner who is not a Senior Advocate of Nigeria.
1. Privilege of law officers
(1) Notwithstanding any other provision of this Act but subject as provided in sec‐ tion 8 (4) and the First Schedule hereto, all courts of law in Nigeria before which legal practitioners are entitled to appear shall accord to every law officer specified in this sec‐ tion, the following rights and privileges, that is to say‐
(a) the exclusive right to sit in the inner bar or, where no facilities exist for an in‐ ner bar, on the front row of seats available for legal practitioners; and
(b) the right to mention any motion in which he is appearing or any other cause or matter which is on the list for mention and not otherwise listed for hearing out of its turn on the cause list.
(2) The law officers to whom this section applies are the Attorney‐General of the Federation, the Attorney‐General of any State in the Federation and the Solicitor‐General of the Federation.
(3) The rights and privileges conferred on the law officers by subsection (I) of this section shall also be accorded to only Life Members of the Body of Benchers.
[1992 No. 77.]
2. Enrolment
(1) Subject to the provisions of this section, a person shall be entitled to have his name enrolled if, and only if‐
(a) he has been called to the Bar by the Benchers; and
(b) he produces a certificate of his call to the Bar to the Registrar.
(2) The Attorney‐General may, after consultation with the Bar Council, by regula‐ tions provide for the enrolment of the names of persons who are authorised by law to practise as members of the legal profession in any country where, in his opinion, persons whose names are on the roll are afforded special facilities for practising as members of that profession; and, without prejudice to the generality of the power conferred by the foregoing provisions of this subsection, the regulations may‐
(a) require persons seeking enrolment by virtue of the regulations to pass such examinations and to pay such fees as may be specified by or under the regula‐ tions;
(b) provide for the cancellation of enrolments having effect by virtue of the regu‐ lations where, in the opinion of the Attorney‐General, the facilities aforesaid are altered or withdrawn.
(3) Except in pursuance of a direction given under the following provisions of this Act by the Supreme Court or by the disciplinary committee established under those pro‐ visions, a person whose name has been struck off the roll in pursuance of a direction given either before or after the commencement of this Act by that court or in pursuance of a direction of the Disciplinary Committee, shall not be entitled to have his name en‐ rolled again.
3. Right of audience, and precedence
(1) Subject to the provisions of the next following subsection and of any enactment in force in any part of Nigeria prohibiting or restricting the right of any person to be repre‐ sented by a legal practitioner in proceedings before the Supreme Court or the Sharia Court of Appeal or any area or customary court, a legal practitioner shall have the right of audience in all courts of law sitting in Nigeria.

(2) No legal practitioner (other than such a person as is mentioned in subsection (3) of section 2 of this Act) shall be accorded the right of audience in any court in Nigeria in any year, unless he has paid to the Registrar in respect of that year, a practising fee as is from time to time prescribed by the Attorney‐General of the Federation after consultation with the association.
[1999 No. 31.]
(3) The Registrar shall‐
(a) issue to every person by whom a practising fee is paid in respect of any year a receipt for the fee in the prescribed form; and
(b) as soon as reasonably practicable after the end of January in each year and thereafter from time to time during the year as he considers appropriate cause to be printed in the prescribed form and put on sale a list or supplementary list of the legal practitioners by whom practising fees have been paid in respect of that year; and
(c) pay over to the Association as soon as may be after the end of each year a sum equal to nine tenths of the aggregate amount of the practising fees received by him in pursuance of this section during the year,
and a receipt purporting to be issued and list purporting to be printed in pursuance of this subsection in respect of any year shall be evidence that the person named in the receipt or, as the case may be, that any person named in the list has paid to the Registrar the practising fee in respect of that year.
(4) Legal practitioners appearing before any court, tribunal or a person exercising ju‐ risdiction conferred by law to hear and determine any matter (including an arbitrator) shall take precedence among themselves according to the table of precedence set out in the First Schedule to this Act.
[First Schedule.]
4. Liability for negligence
(1) Subject to the provisions of this section, a person shall not be immune from li‐ ability for damage attributable to his negligence while acting in his capacity as a legal practitioner, and any provision purporting to exclude or limit that liability in any contract shall be void.
(2) Nothing in subsection (1) of this section shall be construed as preventing the ex‐ clusion or limitation of the liability aforesaid in any case where a legal practitioner gives his services without reward either by way of fees, disbursements or otherwise.
(3) Nothing in subsection (1) of this section shall affect the application to a legal practitioner of the rule of law exempting barristers from the liability aforesaid in so far as that rule applies to the conduct of proceedings in the face of any court, tribunal or other body.
10. Establishment of Disciplinary Committee
(1) There shall be a committee to be known as the Legal Practitioners’ Disciplinary Committee (in this Act referred to as “the Disciplinary Committee”) which shall be charged with the duty of considering and determining any case where it is alleged that a
person whose name is on the roll has misbehaved in his capacity as a legal practitioner or should for any other reason be the subject of proceedings under this Act.
(2) The Disciplinary Committee shall consist of‐
(a) the Attorney‐General of the Federation, who shall be chairman;
(b) the Attorneys‐General of the States in the Federation;
(c) twelve legal practitioners of not less than ten years’ standing appointed by the
Benchers on the nomination of the Association.
(3) The provisions of the Second Schedule to this Act shall have effect in relation to the Disciplinary Committee.
[Second Schedule.]
11. Penalties for unprofessional conduct, etc.
(1) Where‐
(a) a person whose name is on the roll is judged by the Disciplinary Committee to be guilty of infamous conduct in any professional respect; or
(b) a person whose name is on the roll is convicted, by any court in Nigeria having
power to award imprisonment, of an offence (whether or not an offence pun‐ ishable with imprisonment) which in the opinion of the Disciplinary Commit‐ tee is incompatible with the status of a legal practitioner; or
(c) the Disciplinary Committee is satisfied that the name of any person has been fraudulently enrolled,
the Disciplinary Committee, may, if it thinks fit, give a direction‐
(i) ordering the Registrar to strike that person’s name off the roll; or
(ii) suspending that person from practice by ordering him not to engage in practice as a legal practitioner for such period as may be specified in the direction; or
(iii) admonishing that person,
and any such direction may, where appropriate, include provision requiring the refund of moneys paid or the handing over of documents or any other thing as the circumstances of the case may require.
(2) Where a person whose name is on the roll is judged by the Disciplinary Commit‐ tee to be guilty of misconduct not amounting to infamous conduct which, in the opinion of the Disciplinary Committee, is incompatible with the status of a legal practitioner, the Disciplinary Committee may, if it thinks fit, give such a direction as is authorised by paragraph (c) (ii) or (iii) of subsection (1) of this section; and any such direction may, where appropriate, include provision requiring the refund of moneys paid or the handing over of documents or any other thing, as the circumstances of the case may require.
(3) The Disciplinary Committee may, if it thinks fit, defer or further defer its decision as to the giving of a direction under subsections (1) and (2) of this section until a subse‐ quent meeting of the Committee; but no person shall be a member of the Disciplinary Committee for the purposes of reaching a decision which has been deferred or further deferred unless he was present as a member of the Committee when the decision was deferred.
(4) It shall be the duty of the Bar Council to prepare, and from time to time revise, a statement as to the kind of conduct which the Council considers to be infamous conduct in a professional respect, and the Registrar shall send to each person whose name is on the roll and whose address is shown in the records of the Supreme Court relating to legal practitioners, by post to that address, a copy of the statement as for the time being re‐ vised; but the fact that any matters are not mentioned in such a statement shall not pre‐ clude the Supreme Court or the Disciplinary Committee from adjudging a person to be guilty of infamous conduct in a professional respect by reference to such matters.
(5) For the purposes of subsection (1) of this section, a person shall not be treated as convicted as mentioned in paragraph (b) of that subsection unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.
(6) When the Disciplinary Committee gives a direction under subsection (1) or sub‐ section (2) of this section, the Disciplinary Committee shall cause notice of the direction to be served on the person to whom it relates.
(7) The person to whom such a direction relates may, at any time within 28 days from the date of service on him of notice of the direction, appeal against the direction to the Appeal Committee of the Body of Benchers established under section 12 of this Act; and the Disciplinary Committee may appear as respondent to the appeal and, for the pur‐ pose of enabling directions to be given as to the costs of the appeal and of proceedings before the Disciplinary Committee, shall be deemed to be a party thereto whether or not it appears on the hearing of the appeal.
(8) A direction of the Disciplinary Committee under subsection (1) or (2) of this sec‐ tion shall take effect‐
(a) where no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time;
(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;
(c) where such an appeal is brought and is not withdrawn or struck out as afore‐ said, if and when the appeal is dismissed,
and shall not take effect except in accordance with the foregoing provisions of this sub‐ section.
(9) Where a direction is given under subsection (1) or (2) of this section for the re‐ fund of moneys paid or the handing over of documents or any other thing and within 28 days of the date of the direction (or where an appeal is brought, on the dismissal of the appeal) the legal practitioner fails to comply with the direction, the Disciplinary Com‐ mittee may deal with the case as one involving misconduct by the legal practitioner in his professional capacity.
12. Establishment of Appeal Committee of the Body of Benchers, etc.
(1) There shall be a committee to be known as the Appeal Committee of the Body of Benchers (in this Act referred to as “the Appeal Committee”) which shall be charged with the duty of hearing appeals from any direction given by the Disciplinary Committee.
(2) The Appeal Committee shall consist of the following seven members of the Body of Benchers, as may be appointed by the Body of Benchers from time to time, that is‐ (a) as chairman, a Bencher, who is a member of the Body of Benchers other than
by virtue of section 3 (1) (g) of this Act;
(b) two Attorneys‐General in the Federation;
(c) two Judges of the High Court of any State; and
(d) two members of the Association.

(3) On any appeal against a direction of the Disciplinary Committee, the Appeal Com‐ mittee may allow or dismiss the appeal in whole or in part, and if it is of opinion that any direction given by the Disciplinary Committee should not have been given or that a dif‐ ferent direction should have been given by the Disciplinary Committee (whether more or less severe), the Appeal Committee shall revoke the direction of the Disciplinary Com‐ mittee or, as the case may be, substitute there for such direction as it thinks ought to have been given, being a direction which, under section 11 of this Act, could lawfully have been given by the Disciplinary Committee.
(4) The Appeal Committee shall cause notice of any direction given by it under this section to be served on the person to whom it relates.
(5) The person to whom such a direction relates may, at any time within 28 days from the date of service on him of the notice of the direction, appeal against the direction to the Supreme Court; and the Appeal Committee may appear as respondent to the appeal and, for the purpose of enabling directions to be given by the Supreme Court as to costs of the appeal before that court and of proceedings before the Disciplinary Committee, the Appeal Committee shall be deemed to be a party to the appeal before the Supreme Court, whether or not it appears on the hearing of that appeal.
(6) A direction of the Appeal Committee under subsection (3) of this section shall take effect‐
(a) where no appeal under this section is brought against the direction within the
time limited for the appeal, on the expiration of that time;
(b) where such an appeal is brought and is withdrawn or struck out for want of
prosecution, on the withdrawal or striking out of the appeal;
(c) where such an appeal is brought and is not withdrawn or struck out as afore‐ said, if and when the appeal is dismissed, and shall not take effect except in accordance with the foregoing provisions of this sub‐ section.
(7) Subject to this Act, the Body of Benchers may make rules prescribing the proce‐ dure to be followed in the conduct of appeals before the Appeal Committee.

13. Disciplinary jurisdiction of the Supreme Court
(1) Where it appears to the Supreme Court that a person whose name is on the roll has been guilty of infamous conduct in any professional respect with regard to any matter of which the court or any other court of record in Nigeria is or has been seised, the Supreme Court may if it thinks fit, after hearing any representations made and evidence adduced by or on behalf of that person and such other persons as the court considers
appropriate, give such a direction as is mentioned in subsection (1) of section 11, and the direction shall take effect forthwith; and except in the case of an admonition the court shall cause notice of the direction to be published in the Federal Gazette.
(2) Where it appears to the Chief Justice that a legal practitioner should be suspended from practice, either with a view to the institution against him of proceedings under this Act before the Disciplinary Committee or while any such proceedings are pending, the Chief Justice may if he thinks fit, after affording the practitioner in question an opportu‐ nity of making representations in the matter, give such direction as is authorised by para‐ graph (ii) of subsection (1) of section 11; and in deciding whether to give such a direction in consequence of the conviction of a legal practitioner, the Chief Justice shall be entitled to disregard the provisions of subsection (5) of that section.
14. Restoration of names to roll, etc.
(1) Where either before or after the commencement of this Act the name of any per‐ son has been struck off the roll or a person has been or is deemed to have been suspended from practice, he may, subject to the provisions of subsection (2) of this section, make an application for the restoration of his name to the roll or the cancellation of the suspen‐ sion‐
(a) if the striking off or suspension was ordered by the Chief Justice or the Su‐ preme Court, to that court; and
(b) in any other case, to the Disciplinary Committee.
(2) A direction under subsection (1) of section 11 of this Act or subsection (1) of section 13 of this Act may prohibit an application under subsection (1) of this section until the expiration of the period specified in the direction; and where such an application is duly made to the Supreme Court or the Disciplinary Committee, the court or Discipli‐ nary Committee may direct that no further application shall be made under subsection (1) of this section until the expiration of the period specified in the direction under this sub‐ section.

Remuneration of practitioners
15. Scales of charges
(1) There shall be a committee, to be called the Legal Practitioners Remuneration Committee, which shall consist of‐
(a) the Attorney‐General of the Federation, who shall be the chairman of the
Committee;
(b) the Attorneys‐General of the States; and
(c) the president of the Association and three other members of the Association.
(2) The quorum of the Committee shall be three, of whom one shall be the chairman of the Committee or some other member of the Committee nominated by him to act as chairman of the Committee on the occasion in question.
(3) The Committee shall have power to make orders regulating generally the charges of legal practitioners and, without prejudice to the generality of that power, any such order may include provision as to all or any of the following matters, that is to say‐
(a) the maximum charges which may be made in respect of any transaction or ac‐ tivity of a description specified by the order;
(b) the ascertainment of the charges appropriate for any transaction or activity by reference to such considerations as may be so specified;
(c) the taking by practitioners of security for the payment of their charges and the
allowance of interest with respect to the security; and
(d) agreements between practitioners and clients with respect to charges.
(4) The Committee shall not make an order under this section unless they have served a copy of the proposed order on the President of the Association and have considered any representations in writing made to the Committee by the Association within the period of three months beginning with the date of service of the copy; and if the President of the Association within twenty days of the day on which an order under this section comes into force, signifies that the order be annulled it shall, except in relation to anything pre‐ viously done by virtue of the order, cease to have effect on the day next following the date of the resolution and be deemed never to have had effect.
(5) Until the first order made in pursuance of this section comes into force, nothing in this section shall be construed as affecting the law in force in any part of Nigeria with respect to the remuneration of legal practitioners.

16. Recovery of charges, etc.
(1) Subject to the provisions of this Act, a legal practitioner shall be entitled to re‐ cover his charges by action in any court of competent jurisdiction.
(2) Subject as aforesaid, a legal practitioner shall not be entitled to begin an action to recover his charges unless‐
(a) a bill for the charges containing particulars of the principal items included in
the bill and signed by him, or in the case of a firm by one of the partners or in
the name of the firm, has been served on the client personally or left for him at
his last address as known to the legal practitioner or sent by post addressed to the client at that address; and
(b) the period of one month beginning with the date of delivery of the bill has ex‐
pired.
(3) In any case in which a legal practitioner satisfies the court, on an application made either ex parte or if the court so directs after giving the prescribed notice‐ (a) that he has delivered a bill of charges to a client; and
(b) that on the face of it the charges appear to be proper in the circumstances; and
(c) that there are circumstances indicating that the client is about to do some act
which would probably prevent or delay the payment to the legal practitioner of the charges,
then, notwithstanding that the period mentioned in paragraph (b) of subsection (2) of this section has not expired, the court may direct that the legal practitioner be authorised to bring and prosecute an action to recover the charges unless before judgment in the action the client gives such security for the payment of the charges as may be specified in the direction.
(4) The court may, if it thinks fit, on the application of a client‐
(a) order a legal practitioner to deliver his bill of charges to the client;
(b) make an order for the delivery up of, or otherwise in relation to, any docu‐ ments in the control of the legal practitioner which belong to or were received by him from or on behalf of the client,
and without prejudice to the generality of the powers of the court to punish for contempt or to the provisions of this Act relating to the discipline of legal practitioners, the court may punish for contempt any legal practitioner who refuses or fails to comply with an order under this subsection.
(5) The value of any consideration received by any person for anything done by a le‐ gal practitioner in his capacity as a legal practitioner shall, in so far as the value exceeds the minimum charges to which by virtue of this Act the practitioner is entitled in respect of that thing, be recoverable from any person who received the consideration or from the legal practitioner by the person from whom the consideration moved either directly or indirectly.
17. Applications for taxation of charges
(1) Except where a direction providing for the giving of security is given under sub‐ section (3) of section 16 of this Act and security is not given in accordance with the di‐ rection, the court shall, on an application made by a client within the period of one month from the date on which a bill of charges was delivered to him, order that the bill shall be taxed and that no action to recover the charges shall be begun until the taxation is com‐ pleted.
(2) Subject to the provisions of subsection (3) of this section, the court may if it thinks fit, on an application made after the expiration of the period aforesaid by the legal practitioner or (except as aforesaid) by the client in question‐ (a) order that the bill shall be taxed;
(b) order that until the taxation is completed no action to recover the charges men‐ tioned in the bill shall be begun and any such action already begun shall be stayed,
and an order under the subsection may be made on such terms (other than terms as to the costs of the taxation) as the court may determine.
(3) No order shall be made under subsection (2) of this section‐
(a) in any case, after the period of twelve months from the date on which the bill in question was paid;
(b) except in a case where the court determines that there are special reasons for
making such an order, if twelve months have expired since the date of the de‐ livery of the bill or if judgment has been given in an action to recover the charges in question,
and an order made by virtue of paragraph (b) of this subsection may contain terms as to the costs of the taxation.
18. Taxation
(1) The taxation of a bill of charges shall be in accordance with the provisions of any order in force under section 15 of this Act; and where no such order is in force or any item falling to be taxed is not dealt with by the order, the charges to be allowed on taxa‐ tion of the item shall not exceed such as are reasonable having regard to the skill, labour and responsibility involved and to all the circumstances of the case.
(2) If, at the time and place appointed in pursuance of rules of court for the taxation of a bill, one of the parties appears and any other party does not, the taxing officer shall proceed to tax the bill unless for special reasons he determines to adjourn or further ad‐ journ the taxation so as to afford an absent party an opportunity to be present; and where he does so determine he may also determine by whom any costs of the adjournment or further adjournment shall be payable.
(3) Where on the taxation of a bill it appears to the taxing officer that there are cir‐ cumstances of the case which make it appropriate to refer the taxation to the court, he shall so refer it; and the court may either‐
(a) proceed itself to tax the bill and notify to the taxing officer the amount to be declared and stated in his certificate in pursuance of the next following sub‐ section; or
(b) refer the taxation back to the taxing officer with its direction in the matter.
(4) On the completion of the taxation of a bill, the taxing officer shall forthwith de‐ clare the amount due in respect of the bill and shall file in the records of the court a cer‐ tificate signed by him stating that amount; and any party to the taxation shall be entitled on demand to have issued to him free of charge an office copy of the certificate.
(5) If any party to the taxation is dissatisfied with a determination under subsec‐ tion (2) of this section or the amount stated in a certificate filed in pursuance of this sec‐ tion (other than a certificate stating the amount notified by the court under subsection (3) of this section), he may, within 21 days from the date of the determination or filing, ap‐ peal to the court.
(6) The certificate of the taxing officer in respect of a bill of charges, or where the certificate is varied on appeal, the certificate as so varied, shall be conclusive as to the amount of the charges payable in respect of the bill; but nothing in this subsection shall be construed as relieving a legal practitioner of any obligation to prove that a client is liable to pay a bill of charges, or as precluding a client from disproving that he is so li‐ able.
(7) Subject to the provisions of any order made by virtue of subsection (3) of sec‐ tion 17 of this Act, if the amount stated in a certificate under this section relating to a bill of costs, or in such a certificate as varied on appeal, is less than the amount of the bill before taxation and the difference is equal to one sixth or more of the amount of the bill before taxation, the costs of the taxation shall be payable by the legal practitioner, and in any other case those costs shall be payable by the client.
19. Supplementary provisions as to remuneration
(1) Without prejudice to the provisions of section 24 of this Act, in sections 15, 16, 17, 18 and this section (in this section referred to as “the remuneration provisions”) the
following expressions have the following meanings unless the context otherwise requires, that is to say‐
“bill of charges” means such a bill as is mentioned in paragraph (a) of subsection (2) of section 16 of this Act;
“charges” means any charges (whether by way of fees, disbursements, expenses or otherwise) in respect of anything done by a legal practitioner in his capacity as a legal practitioner;
“client” means the person or any of the persons alleged to be liable to pay the charges of a legal practitioner;
“the court” means the High Court of the State in which the legal practrtioner in question usually carries on his practice or usually resides or in which the client in ques‐ tion usually resides or has his principal place of business or, in the case of a legal practi‐ tioner authorised to practise by warrant, the High Court of the State in which the pro‐ ceedings specified in the application for the warrant were begun;
“taxation” means taxation by the proper officer of the court, and cognate expressions shall be construed accordingly.
(2) For the purposes of the remuneration provisions, a bill of charges is delivered if it is served on or left for or sent to the client as mentioned in subsection (2) of section 16 of this Act and, in relation to a bill of charges, “deliver” and cognate expressions shall be construed accordingly.
(3) The remuneration provisions shall apply to a firm consisting of legal practitioners in partnership as they apply to a legal practitioner.
(4) For the purposes of the remuneration provisions, a person shall be deemed to be a legal practitioner in relation to any charges if he was a legal practitioner when he per‐ formed the services to which the charges relate.
Safeguards for clients, etc.
20. Accounts and records for clients’ moneys
(1) Subject to subsection (4) of this section, the Bar Council may, from time to time, as the Council considers expedient, make rules‐
(a) as to the opening and keeping by legal practitioners of accounts at banks for clients’ moneys; and
(b) as to the keeping by legal practitioners of records containing particulars and information as to moneys received, held or paid by them for or on account of their clients; and
(c) as to the opening and keeping by a legal practitioner who is the sole trustee, or
who is a eo‐trustee only with one or more of his partners, clerks or servants, of an account at a bank for moneys of any trust of which he is the sole trustee or such a eo‐trustee as aforesaid; and
(d) as to the keeping by such a legal practitioner as is mentioned in paragraph (c) of this subsection, of records containing particulars and information as to mon‐ eys received, held or paid by him for or on account of any such trust as is so mentioned; and
(e) empowering the Bar Council to take such action as it thinks necessary to en‐ able it to ascertain whether the rules are being complied with.
(2) Rules made under subsection (1) of this section shall not come into force until they are approved by order of the Attorney‐General, either without modification or with such modifications as he thinks fit; but before approving any such rules with modifica‐ tions the Attorney‐General shall afford the Bar Council an opportunity of making repre‐ sentations with respect to the proposed modifications and shall consider any representa‐ tions made in pursuance of this subsection.
(3) If it appears to the Attorney‐General that any rules should be made, revoked or altered in exercise of the powers conferred on the Bar Council by this section, he shall make a recommendation in that behalf to the Bar Council; and if within the period of six months beginning with the date of the recommendation the Council has not acted in ac‐ cordance with the recommendation, the Attorney‐General may, within the period of twelve months beginning with that date, make rules giving effect to the recommendation. (4) Rules under this section shall not require the keeping of accounts or records‐
(a) by a legal practitioner in respect of moneys received, held or paid by him as a member of the public service of the Federation or a State; or
(b) in such other circumstances as may be specified by the rules.
(5) For the purposes of this section, “trustee” includes personal representative, and in relation to a personal representative any reference to a trust shall be construed as a ref‐ erence to the deceased’s estate.
21. Special provisions as to client acconnts with banks
(1) A bank at which a legal practitioner keeps an account for clients’ moneys shall not, in respect of any liability of the legal practitioner to the bank which does not arise in connection with that account, have or obtain any recourse or right, whether by way of set‐ off, counter‐claim, charge or otherwise, against moneys standing to the credit of that ac‐ count.
(2) A bank shall not, in connection with any transaction in respect of an account of a legal practitioner kept for clients’ moneys with that or with any other bank (other than an account kept by him as trustee for a specified beneficiary) incur any liability, or be under any obligation to make any inquiry, or be deemed to have any knowledge of any right of any person to any money paid or credited to the account, which it would not incur or be deemed to have in the case of an account kept by a person entitled absolutely to all the money paid or credited to the account.
General
22. Offences
(1) Subject to the provisions of this section, if any person other than a legal practitio‐ ner‐
(a) practises, or holds himself out to practise, as a legal practitioner; or (b) takes or uses the title of legal practitioner; or
(c) wilfully takes or uses any name, title, addition or description falsely implying,
or otherwise pretends, that he is a legal practitioner or is qualified or recog‐ nised by law to act as a legal practitioner; or
(d) prepares for or in expectation of reward any instrument relating to immovable property, or relating to or with a view to the grant of probate or letters of ad‐ ministration, or relating to or with a view to proceedings in any court of record in Nigeria, he is guilty of an offence and liable, in the case of an offence under paragraph (a) of this subsection or a second or subsequent offence under paragraph (d) of this subsection, to a fine of an amount not exceeding N200 or imprisonment for a term not exceeding two
years or both such fine and imprisonment, and in any other case to a fine of an amount not exceeding N100.
(2) In subsection (1) of this section “instrument”, in relation to immovable property, means any document which confers, transfers, limits, charges or extinguishes any interest in the property or which purports so to do, and “immovable property” includes un‐ extracted minerals.
(3) Nothing in subsection (1) of this section shall prevent a person from being dealt with for contempt of court, but no proceedings for an offence under this section shall be brought or continued against a person in respect of any act if he has been dealt with for contempt of court in respect of that act.
(4) Nothing in paragraph (d) of subsection (1) of this section shall be construed as making it an offence for any person to prepare an instrument‐
(a) in the course of his activities as a pupil of a legal practitioner or of his em‐
ployment as a clerk or servant of a legal practitioner;
(b) relating only to property in which he has or claims an interest (including an
interest as a personal representative or as a person entitled to any part of the
estate of a deceased person);
(c) relating only to proceedings to which he is a party, or prepared with a view to
proceedings to which he may be a party;
(d) for the purpose only of recording information or expert opinion intended for
use in, or with a view to, any proceedings;
(e) which is, or is intended to be, a will or other testamentary instrument;
(f) of such a class or description as the Attorney‐General may by order determine.
(5) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable
to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(6) No proceedings for an offence under this section shall be begun after the expira‐ tion of the period of three years beginning with the date of the offence.
(7) It is hereby declared that any agreement to transfer, either directly or indirectly, any money or thing in consideration of any act which constitutes an offence under this section is void; and any money or thing so transferred, or the value of the thing, shall be recoverable by the transferor from the transferee or from any other person by whom the offence was committed, whether or not any proceedings have been brought in respect of the offence or the time for bringing such proceedings has expired.

23. Miscellaneous supplementary provisions
(1) It shall be the duty of the Registrar to continue to maintain the roll of court kept immediately before the passing of the Legal Practitioners Act 1962 in pursuance of rule 5 of Order XVI of the Supreme Court (Civil Procedure) Rules; and in this Act “the roll” means the roll maintained in pursuance of this subsection.
(2) The Association shall pay any sums received by it by virtue of section 8 of this Act into a separate fund which shall be used for the purposes of the Association; and it shall be the duty of the Association‐
(a) to keep proper accounts in respect of the fund and proper records in relation to the accounts; and
(b) to cause the accounts to be audited in each year by an auditor approved, as respects that year, by the Auditor‐General for the Federation; and
(c) to cause a copy of the accounts and of the auditor’s report thereon to be sent to the Registrar and to each person by whom a practising fee has been paid in re‐ spect of the year in question in pursuance of section 8 of this Act.
(3) In calculating for the purposes of this Act the period of a person’s standing as a legal practitioner, there shall be taken into account any period before the passing of the Legal Practitioners Act 1962 during which he was entitled by law to practise as a barris‐ ter and solicitor in any part of Nigeria.
(4) Except as otherwise provided by or under this Act, any document authorised or required to be served by or under this Act may, without prejudice to any other means of service, be served by post in a registered letter.
(5) Any application to a court or Judge in pursuance of this Act shall be made in the prescribed manner.
24. Interpretation
In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say‐
“Appeal Committee” means the Appeal Committee of the Body of Benchers estab‐ lished by section 12 of this Act;
“Association” means the Nigerian Bar Association;
“Attorney‐General” means the Attorney‐General of the Federation;
“Bar Council” has the meaning assigned to it by section 1 of this Act;
“Benchers” means the Body of Benchers established by section 3 of this Act;
“President of the Association” means the person for the time being holding office as President of the Association in accordance with the constitution of the Association;
“Chief Justice” means the Chief Justice of Nigeria;
“Disciplinary Committee” has the meaning assigned to it by section 10 of this Act;
“legal practitioner” means a person entitled in accordance with the provisions of this Act to practise as a barrister or as a barrister and solicitor, either generally or for the pur‐ poses of any particular office or proceedings;
“prescribed” means prescribed by rules of court;
“public service of the Federation” has the same meaning as in the Constitution of the Federal Republic of Nigeria 1999;
[Cap. C23.]
“qualifying certificate” has the same meaning as in the Legal Education (Consolida‐ tion) Act;
[Cap. L10.]
“the Registrar” means the Chief Registrar of the Supreme Court;
“the roll” has the meaning assigned to it by subsection (1) of section 23 of this Act, and cognate expressions shall be construed accordingly;
“rules of court” means the rules of court made by the Supreme Court;
“warrant” means a warrant issued by the Chief Justice under section 2 of this Act.
25. Short title
This Act may be cited as the Legal Practitioners Act.

SCHEDULE
FIRST SCHEDULE
[Section 8 (4).]
Table of precedence
1. The Attorney‐General of the Federation.
2. The Attorneys‐General of the States in order of seniority as Senior Advocates of Nigeria and thereafter in order of seniority of enrolment.
3. Senior Advocates of Nigeria in order of seniority.
4. Persons authorised to practise as legal practitioners by virtue of paragraph (b) of subsec‐ tion (3) of section 2 of this Act.
5. Persons whose names are on the roll in order of seniority of enrolment. 6. Persons authorised to practise by warrant.
SECOND SCHEDULE
[Section 10 (3).]
Supplementary provisions as to the Disciplinary Committee
The Disciplinary Committee
1. The quorum of the Disciplinary Committee shall be five of whom three shall be persons mentioned in paragraphs (a) and (b) of section 10 (2) of this Act.
2. (1) The Chief Justice of Nigeria shall make rules for the purposes of any proceedings and as to the procedure to be followed and the rules of evidence to be observed in proceedings before the Disciplinary Committee.
(2) The rules shall in particular provide‐
(a) for securing that notice of the proceedings shall be given, at such time and in such manner as may be specified by the rules, to the person against whom the proceedings are brought;
(b) for determining who, in addition to the person aforesaid, shall be a party to the proceedings;
(c) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Disciplinary Committee;
(d) for enabling any party to the proceedings to be represented by a legal practitio‐
ner;
(e) subject to the provisions of subsection (7) of section 11 of this Act, as to the costs of proceedings before the Disciplinary Committee;
(f) for requiring, in a case where it is alleged that the person against whom the proceedings are brought is guilty of infamous conduct in any professional re‐ spect, that where the Disciplinary Committee adjudges that the allegation has not been proved it shall record a finding that the person is not guilty of such conduct in respect of the matters to which the allegation relates;
(g) for publishing in the Federal Gazette notice of any direction of the Disciplinary Committee which has taken effect providing that a person’s name shall be struck off the roll or that a person shall be suspended from practice.
3. It shall be the duty of the Solicitor‐General of the Federation to afford to the Disciplinary Committee such facilities, whether by way of accommodation, secretarial assistance or other‐ wise, as the Disciplinary Committee may reasonably require for the purpose of its functions.
Miscellaneous
4. (1) Subject to the provisions of section 10 of this Act a person appointed by the Benchers on the nomination of the Association to be a member of the Disciplinary Committee shall, unless he previously resigns, hold office for such term, not exceeding three years, as may be specified in his instrument of appointment.
(2) A person ceasing to be a member of the Disciplinary Committee shall be eligible for reappointment as a member of that body.
(3) A person may, if otherwise eligible, be a member of both the Disciplinary Commit‐ tee and the Appeal Committee; but no person who acted as a member of the Disciplinary Committee in any case shall act as a member of the Appeal Committee with respect to that case.
5. The Attorney‐General of the Federation or of a State may, if he thinks fit, direct the Solicitor‐General of the Federation or, as the case may be, of the State, to act in his place as a member of the Disciplinary Committee for the purposes of any case; and references to an Attorney‐General in this Schedule or section 10 of this Act shall be construed accordingly.
6. The Disciplinary Committee or the Appeal Committee may act notwithstanding any va‐ cancy in its membership and no proceedings of the Disciplinary Committee or the Appeal Committee shall be invalidated by any irregularity in the appointment of a member thereof or by reason of the fact that any person who was not entitled to do so took part in the proceed‐ ings.
7. The Disciplinary Committee may sit in two or more divisions.
8. Any document authorised or required by this Act to be served on the Disciplinary Com‐ mittee shall be served on the Solicitor‐General of the Federation.
LEGAL PRACTITIONERS ACT
SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
1. Legal Practitioners (Disciplinary Committee) Rules.
1. Legal Practitioners (Remuneration for Legal Documentation and other Land Matters) Order.
2. Entitlement to Practise as Barristers and Solicitors (Federal Officers) Order.
3. Entitlement to Practice as Barristers and Solicitors (National Assembly Office) (Legal Practitioners) Order.
4. Entitlement to Practice as Banisters and Solicitors (Federal Housing Authority) (Legal Practitioners) Order.
5. Entitlement to Practice as Banisters and Solicitors (Federal Road Safety Commission) (Legal Officers) Order.
6. Legal Practitioners (Bar Practising Fees) Notice.

LEGAL PRACTITIONERS (DISCIPLINARY COMMITTEE) RULES
ARRANGEMENT OF RULES
RULE
1. Short title.
2. Interpretation.
3. Submission of complaint.
4. Reference of case to tribunal by panel.
5. Parties to proceedings.
6. Appointment of legal practitioner to present case.
7. (1) Fixing of hearing day and service of notice thereof by the secretary.
(2) Notice of hearing.
(3) Form of notice.
8 Hearing in absence of parties.
9. Re‐hearing of case heard in absence of parties.
10. Hearing of witnesses and reception of document.
11. Members of Disciplinary Committee not to represent legal practitioner.
12. Penalty for giving false evidence.
13. Holding of proceedings in private and pronouncement of findings in public. 14. Adjournment of hearing.
15. Findings of Disciplinary Committee if legal practitioner is found not guilty.
16. Findings and direction of Disciplinary Committee if legal practitioner is found guilty. 17. Findings, etc., in cases not amounting to infamous conduct. 18. Costs.
19. Publication of findings and direction of Disciplinary Committee.
20. Record of proceedings.
21. Dispensing with provisions of rules.
22. Extension of time.
23. Exhibits and books to be kept by secretary.
SCHEDULE

LEGAL PRACTITIONERS (DISCIPLINARY COMMITTEE) RULES
[L.N. 69 of 1965.]
under paragraph 2 of the Second Schedule
[19th June, 1965]
[Commencement.]
1. Short title
These Rules may be cited as the Legal Practitioners (Disciplinary Committee) Rules.
2. Interpretation
In these Rules‐
“Chief Justice” means the Chief Justice of Nigeria;
“complainant” means‐
(a) where an allegation has been referred to the Nigerian Bar Association for in‐ vestigation at the instance of a private person, that person; and
[S.l. 17 of 1994.]
(b) in any other case the Attorney‐General of the Federation;
“official member” means the Attorney‐General of the Federation or of a State as the case may be or the President of the Court of Appeal or a Presiding Justice of the Court of Appeal or the Chief Judge of a High Court;
[S.l. 17 of 1994.]
“unofficial member” means a member other than an official member;
“secretary” means the secretary to the Body of Benchers.
[S.I. 17 of 1994.]
3. Submission of complaint
(1) A complaint by any person against a legal practitioner shall be forwarded in writing by the complainant or the person aggrieved to any of the following persons, that is‐
(a) the Chief Justice of Nigeria;
(b) the Attorney‐General of the Federation;
(c) the President of the Court of Appeal or any Presiding Justice of the Court of Appeal;
(d) the Chief Judge of the High Court of a State or the Chief Judge of the Federal
Capital Territory;
(e) the Attorney‐General of a State;
(f) the chairman, Body of Benchers; and
(g) the chairman of the Nigerian Bar Association or the chairman of a State
Branch of the Nigerian Bar Association.
[S.l. 17 of 1994.]
(2) A complaint received by any of the persons specified in sub‐rule (1) of this rule shall be forwarded to the Nigerian Bar Association which shall cause the complaint to be investi‐ gated.
[S.I. 17 of 1994.]
4. Reference of case to tribunal by panel
In any case where in pursuance of section 10 (1) of the Act the Disciplinary Commit‐ tee is of the opinion that a prima facie case is shown against a legal practitioner, the Ni‐ gerian Bar Association shall forward a report of such a case to the secretary together with all the documents considered by the Nigerian Bar Association, and a copy of the charges on which the Nigerian Bar Association is of the opinion that a prima facie case is shown. [S.l. 17 of 1994.]
1. Parties to proceedings
(1) In addition to the person against whom proceedings are brought, the complainant shall also be a party to the proceedings as well as anybody else considered by the chair‐ man of the Disciplinary Committee to have an interest in the proceedings.
(2) Every party to the proceedings shall be entitled to be heard by the Disciplinary Committee either personally or through counsel of his choice.

6.Appointment of legal practitioner to present case
The Nigerian Bar Association may appoint a legal practitioner to present the case be‐ fore the Disciplinary Committee.
[S.I. 17 of 1994.]
7. Fixing of hearing day and service of notice thereof by the secretary
(1) On the direction of the chairman of the Disciplinary Committee the secretary shall fix a day for the hearing of the case and shall serve notice thereof on each party to the proceedings. Notice of hearing
(2) The notice of hearing may be served either personally or by registered post ad‐ dressed to the residence of each party to the proceedings, or in the case of the legal prac‐ titioner against whom charges have been brought, by registered post addressed to his principal place of business or to the address gi ven by him when he last paid a practising fee.
Form of notice
(3) The notice shall be in the form set out in the Schedule hereto and there shall be at least thirty days between the service of any such notice and the day fixed therein for the hearing.
8. Hearing in absence of parties
If any party fails to appear at the hearing, the Disciplinary Committee may, upon proof of service on such party of the notice of hearing, proceed to hear and determine the case in his absence.
9.Re‐hearing of case heard in absence of parties
Any party who has failed to appear at the hearing may within one calendar month from the pronouncement of the findings and direction of the Disciplinary Committee and upon giving notice to every other party and to the secretary, apply to the Disciplinary
Committee for a re‐hearing and the Disciplinary Committee, if satisfied that it is just that the case should be re‐heard, may grant the application upon such terms as to costs or oth‐ erwise as it deems fit.
10. Hearing of witnesses and reception of document
(1) The Disciplinary Committee may in the course of its proceedings hear such wit‐ nesses and receive such documentary evidence as in its opinion may assist it in coming to a conclusion as to the truth or otherwise of the allegations of misconduct referred to it by the panel.
(2) In all proceedings before the Disciplinary Committee, the provisions of the Evi‐ dence Act shall apply, as they do in civil proceedings.
[Cap. E14.]
11. Members of Disciplinary Committee not to represent legal practitioner
No member of the Disciplinary Committee (who is not sitting in the division), may represent a legal practitioner against whom proceedings have been brought.
12. Penalty for giving false evidence
If any person wilfully gives false evidence on oath before the Disciplinary Committee during the course of any proceedings, or wilfully makes a false statement in any affidavit sworn for the purposes of any such proceedings, the Disciplinary Committee shall refer the matter to the appropriate Director of PubIic Prosecutions for necessary action.
13. Holding of proceedings in private and pronouncement of findings in public
The proceedings of the Disciplinary Committee shall be held in private, but its find‐ ings and directions shall be pronounced in public.
14. Adjournment of hearing
The Disciplinary Committee may, of its own motion, or upon the application of any party, adjourn the hearing upon such terms as to costs, or otherwise, as the Disciplinary Committee shall think fit.
15. Findings of Disciplinary Committee if legal practitioner is found not guilty
If, after the hearing, the Disciplinary Committee adjudges that the allegations of in‐ famous conduct in a professional respect, have not been proved, the Disciplinary Com‐ mittee shall record a finding that the legal practitioner is not guilty of such conduct in respect of the matters to which the allegation relates.
16. Findings and direction of Disciplinary Committee if legal practitioner is found guilty
If, after the hearing, the Disciplinary Committee finds that the allegation of infamous conduct in a professional respect, has been proved, the Disciplinary Committee may, if it thinks fit, give a direction‐
(a) ordering the Registrar to strike the legal practitioner’s name off the roll; or
(b) suspending that legal practitioner from practice by ordering him not to engage in practice as a legal practitioner for such period as may be specified in the di‐ rection; or
(c) admonishing the legal practitioner.
17. Findings, etc., in cases not amounting to infamous conduct
The Disciplinary Committee may, if it finds proved misconduct not amounting to in‐ famous conduct in a professional capacity, make such order as the circumstances may require, not inconsistent with the provisions of the Act.
18. Costs
The Disciplinary Committee may without finding any misconduct proved against a legal practitioner, nevertheless order any party to pay the costs of the proceedings if, hav‐ ing regard to his conduct and to all the circumstances of the case, the Disciplinary Com‐ mittee shall think fit so to order.
19. Publication of findings and direction of Disciplinary Committee
Subject to the provisions of this rule (which relates to the lodging of appeal against the direction of the Disciplinary Committee), any direction given by the Disciplinary Com‐ mittee in accordance with paragraphs (a) and (b) of rule 17 hereof, shall be published in the Federal Gazette as soon as such direction takes effect.
[S.I. 17 of 1994.]
20. Record of proceedings
(1) Notes of the proceedings shall be taken in writing by the chairman or by such other designated member of the Disciplinary Committee and any party who appeared at the proceeding shall be entitled to be supplied with a copy of the record of the proceed‐ ings on the payment of such fees as may be prescribed by the Body of Benchers.
(2) The secretary shall supply to any person entitled to be heard upon an appeal against the direction of the Disciplinary Committee, and to the Bar Council, but to no other person, a copy of the transcript of such notes on payment of such charges as may be determined by the secretary.
21. Dispensing with provisions of rules
The Disciplinary Committee may dispense with any requirement of these rules re‐ specting notices, affidavits, documents, service, or time, in any case where it appears to the Disciplinary Committee to be just so to do.
22. Extension of time
The Disciplinary Committee may in any given case extend the time for doing any‐ thing under these Rules.
23. Exhibits and books to be kept by secretary
The Disciplinary Committee may order that any books, papers, or other exhibits pro‐ duced or used at a hearing, shall be retained by the secretary until such time within which
an appeal may be entered has expired; and, if notice of appeal is given, until the appeal is heard or otherwise disposed of.
[Rule 7.]
SCHEDULE
Notice of hearing by the Disciplinary Committee
In the matter of A.B., ………………………………………………………. a legal practitioner
and …………………………………………………………………………………………………………… .
In the matter of the Legal Practitioners Act.
TAKE NOTICE that the report of the Nigerian Bar Association in the above matter is fixed for hear‐
ing by the Committee at ………….. on the ………. day of …………………… 20 ……….. . at ……………………………………………. 0′ clock in the forenoon ………………… ……….. .
A copy of the report and other related documents are attached hereto.
DATED ………………………. the …………………… day of …………………… 20 …………… .
Secretary to the Disciplinary Committee [S.I. 17 of 1994.]
LEGAL PRACTITIONERS (REMUNERATION FOR LEGAL
DOCUMENTATION AND OTHER LAND MATTERS) ORDER
ARRANGEMENT OF ORDER
ORDER
1. Regulation of remuneration in legal documentation and other land matters.
2. Exclusion of certain expenses, etc.
3. Drafts, etc., to be client’s property.
4. Business requiring special exertion.
5. Legal practitioner may give notice on election to charge under Scale III.
6. Security against remuneration interest on disbursements, etc.
7. Fees chargeable to be as specified in Scales.
8. Rules for the operation of fees specified in the Scales.
9. Interpretation.
10. Citation and revocation.
SCHEDULE
LEGAL PRACTITIONERS (REMUNERATION FOR LEGAL
DOCUMENTATION AND OTHER LAND MATTERS) ORDER
[S.I.7 of 1991.]
under section 15 (3)
[15th August, 1991]
[Commencement.]
1. Regulation of remuneration in legal documentation and other land matters
The remuneration of a legal practitioner in respect of business connected with any sale, purchase, lease, mortgage and other matter of legal documentation and in respect of other business not otherwise regulated and not being business in any action or transaction in any court, shall be regulated as follows‐
(a) in respect of a sale, purchase or mortgage that is completed, the remuneration of the legal practitioner having the conduct of the business shall be as pre‐ scribed in Scale I set out in the Schedule to this Order;
[Schedule.]
(b) in respect of a lease and agreement for lease, in which the transactions have been completed, the remuneration of the legal practitioner having the conduct of the business shall be as prescribed in Scale II set out in the Schedule to this Order;
(c) in respect of all other legal documentation not provided for in paragraphs (a) and (b) of this section, the remuneration of the legal practitioner having the conduct of the business shall be as prescribed in Scale III set out in the Sched‐ ule to this Order.
[Schedule. ]
2. Exclusion of certain expenses, etc.
(1) The remuneration prescribed in Scales I and II set out in the Schedule to this Or‐ der shall not include‐
(a) stamps, auctioneer’s or valuer’s charges, travelling expenses, fees paid on searches, fees paid on registrations, costs of extracts from any register or other disbursements reasonably and properly paid;
(b) any extra work occasioned by changes occurring in the course of any business such as the death, insolvency or winding up of a party to the transaction;
(c) any business of a contentious nature or any proceeding in any court;
(d) any application for first registration under any enactment relating to registra‐ tion of any title to land or any other interest in land necessitated by a transac‐ tion for which a scale fee is payable to the legal practitioner;
(e) any application for consent required under the Land Use Act but shall include any engrossing charge and allowance for the time of the legal practitioner and his clerks and copying and parchment and all other similar disbursements. [Cap. L5.]
(2) For the purpose of this section‐
“fees paid on searches” means‐
(a) charges levied by any registry for permitting searches to be made;
(b) charges (if any) levied by any registry for providing an official search; and
(c) fees paid to a legal practitioner for making a search at a registry outside the district in which the legal practitioner having the conduct of the business car‐ ries on his practice.
3. Drafts, etc., to be client’s property
Drafts and copies made in the course of business for which remuneration is provided for by this Order, shall be the property of the client.
4.Business requiring special exertion
A legal practitioner may be allowed, in respect of any business which is required to be and is by special exertion carried through in an exceptionally short length of time, a proper remuneration for the special exertion in accordance with the circumstances.
5.Legal practitioner may give notice on election to charge under Scale III
In all cases to which the remuneration prescribed in Scales I and II set out in the Schedule to this Order would, but for this section, be chargeable, a legal practitioner may, before undertaking any business, by writing under his hand communicated to the client, elect that his remuneration shall be in accordance with the provisions of Scale III also set out in that Schedule.
6. Security against remuneration interest on disbursements, etc.
(1) A legal practitioner may accept from his client, and the client may give to his le‐ gal practitioner, security for the amount to become due to the legal practitioner for busi‐ ness to be transacted by him and for interest on such amount but such interest shall not commence till the amount due is ascertained, either by agreement or taxation.
(2) A legal practitioner may charge interest at ten per cent per annum on his dis‐ bursement and cost whether by scale or otherwise, after the expiration of one month from demand from the client; and where the disbursement and cost are payable by an infant or out of a fund not presently available, the demand may be made on the parent or guardian or the trustee or other person liable.
7. Fees chargeable to be as specified in Scales
(1) The fees prescribed in the Scales set out in Schedule to this Order shall be the fees chargeable for the matters stated in the Scales and they shall not be negotiable.
[Schedule.]
(2) Any legal practitioner who contravenes the provisions of subsection (1) of this section shall be guilty of a professional misconduct and shall for that purpose appear be‐ fore the Legal Practitioners Disciplinary Committee.
8. Rules for the operation of fees specified in the Scales
The operation of the provisions of Scale I or II shall in each case be subject to the rules appended to each Scale.
9.Interpretation
In this Order, unless the context otherwise requires‐
“copying” does not include making copies required by any Government official or land registry in connection with the approval on registration of deeds;
“perusal” or “peruse” means carefully reading and proffering an opinion on a document.
10. Citation and revocation
(1) This Order may be cited as the Legal Practitioners (Remuneration for Legal
Documentation and Other Land Matters) Order.
(2) The Legal Practitioners (Remuneration for Conveyancing Matters) Order 1971 is hereby revoked.
[L.N. of 1971.]
SCHEDULE
[Sections 1,5 and 7.]
SCALE I
Scale of charges on sales, purchases, and mortgages and rules applicable thereto

PART II

Consideration Remuneration
N
Under N200 ……………………………………………………………………………………………………………146.75 N200 or over but not exceeding N300 ………………………………………………………………….157.50 PART II – continued
Consideration Remuneration
N
Over N300 but not exceeding N300 ……………………………………………………… 173.25
Over N400 but not exceeding N600 ……………………………………… . 189.20
Over N600 but not exceeding N700 ……………………………………… . 193.75
Over N700 but not exceeding N800 ……………………………………… . 200.00
Over N800 but not exceeding N900 ……………………………………… . 213.75
Over N900 but not exceeding N1,000 …………………………………… . 225.00
Over N1,000 but not exceeding N1,100 ………………………………… . 235.25
Over N1, 100 but not exceeding N1,200 ……………………………….. . 247.50
Over N1,200 but not exceeding N1,300 ………………………………… . 258.75
Over N1,300 but not exceeding N1,400 ………………………………… . 270.00
Over N1,400 but not exceeding N1,500 ………………………………… . 281.25
Over N1,500 but not exceeding N1,600 ………………………………… . 292.50
Over N1,600 but not exceeding N1 ,700 ……………………………….. . 301.75
Over N1 ,700 but not exceeding N1,800 ……………………………….. . 303.75
Over N1,800 but not exceeding N1,900 ………………………………… . 316.25
Over N1,900 but not exceeding N2,000 ………………………………… . 337.50
PART III
Rules applicable to Scale I
1. Fractions
Fractions of two hundred naira, under one hundred naira shall be reckoned as one hun‐ dred naira and fractions of two hundred naira, above one hundred naira, are to be reckoned as two hundred naira.
2. Legal practitioner representing both parties to a mortgage
Where a legal practitioner is representing both mortgagor and mortgagee, he shall be en‐ titled to charge the mortgagee’s legal practitioner’s fees and one half of the fees which would be allowed to be the mortgagor’s legal practitioner.

3. Legal practitioner representing parties with distinctive interests
If a legal practitioner peruses a draft on behalf of several parties having distinct interests which ought to be separately represented, he shall be entitled to charge‐
N
(a) Up to N2,000 ………………………………………………………………….. 500
(b) N2,001 – N10,000 …………………………………………………………… 750
(c) N10,001‐N100,000…………………………………………………………… 1,500
(d) Above N100,000 …………………………………………………………… 2,500

4. Party separately represented
Where a party, other than the vendor or mortgagor, joins in a legal documentation and is represented by a separate legal practitioner, the charges of the separate legal practitioner are to be dealt with under the provisions of Scale III set out in this Schedule.

5. Legal documentation prepared at the same time
Where legal documents of the same property are completed at the same time and are prepared by the same legal practitioner, he shall be entitled to charge as provided for under rule 3 of these Rules.
6. Commission for sale by auction
The commission for deducing title, perusing and completing legal documentation on a sale by auction shall be chargeable on each lot of property, but where a property held under the same title is divided into lots for convenience of sale and the same purchaser buys several lots and takes one legal document, the commission shall be chargeable upon the aggregate prices of the lots.
7. Attempted sale by auction
(1) The commission on an attempted sale by auction in lots shall be chargeable on the aggregate of the reserved prices.
(2) When property offered for sale by auction is bought and the terms of sale are after‐ wards negotiated and arranged by the legal practitioner, he shall be entitled to charge a com‐ mission according to the above Scale on the reserved price where the property is not sold and also one half of the commission for negotiating the sale.
(3) When property is bought and afterwards offered for sale by auction by the legal practi‐ tioner, he shall only be entitled to charge fees for the first attempted sale and, for each sub‐ sequent sale ineffectually attempted, he shall charge his fees according to the provisions of
Scale ill set out in this Schedule.
(4) In the case of subsequent effectual sale by auction, the full commission for an effec‐ tual sale shall be chargeable in addition less one half of the commission previously allowed on the first attempted sale.
(5) The provisions of these Rules as to commission on sales or attempted sales by auc‐ tion shall be subject to rule 10 of these Rules.
8. Encumbrances
Where a property is sold subject to encumbrances, the value of the encumbrances shall be deemed a part of the purchase money, except where the mortgagee purchases, in which case the charges of his legal practitioner shall be calculated on the price of the equity redemp‐ tion.
9. Transfer of mortgage
The scale for mortgages shall apply to transfer of mortages where the title is investi‐ gated, but not ‐
(a) to transfers where the title was investigated by the same legal practitioner on the original mortgage or on any previous transfers; and
(b) to further charges where the title has been so previously investigated, and the transfers and further charges, shall be regulated according to Scale III set out in this Schedule, but the scale for negotiating the loan shall be chargeable on such transfers and fur‐ ther charges as applicable.

10.Sale by auction
(1) The Scale for conducting a sale by auction shall apply only in cases where no com‐ mission is paid by the client to an auctioneer.
(2) The scale for negotiation shall apply‐
(a) to cases where the legal practitioner or a vendor or purchaser arranges the sale
or purchase and the price, terms and conditions thereof and no commission is
paid by the client to an auctioneer’s legal practitioner; and
(b) to cases where the legal practitioner arranges and obtains the loan from a per‐ son for whom he acts.
SCALE II
PART I
Scale of charges for leases or agreements for lease at rack rent (other than a mining
lease or a lease for building purposes, or agreement for the same)
1. The lessor’s legal practitioner’s scale of charges for preparing, settling and completing the lease and counterpart shall be as follows ‐

Amount of rent Amount of remuneration

(a) where the rent does not exceed
N100 ……………………….. N37.50 on the rental but not less than N25 in any case; (b) where the rent exceeds N100 but
does not exceed N1,000 N7.50 in respect of the first N100 of rent and N25 in respect of each subsequent N100 of rent or part thereof;
(c) where the rent exceeds N1,000 … N37.50 in respect of the first N100 of rent and N25 in
respect
of each N100 of rent or part thereof up to N1,000 and then N12.50 in respect of every subsequent N100 or part thereof.
2. The lessee’s legal practitioner’s scale of charges for perusing draft and completing scale of charges draft shall be one half of the amount payable to the lessor’s legal practitioner.
PARTII
Scale of charges for legal document in fee or for any other legal estate reserving rent or building leases reserving rent or other leases for a term of 35 years or more at rack rent
(except mining leases) or agreementfor the same respectively
1. (1) The vendor’s or lessor’s legal practitioner’s scale of charges for preparing, settling and completing legal documentation and duplicate of lease and counterpart shall be as fol‐ lows‐

Amount of rent Amount of remuneration

(a) where the rent does not exceed
N100 …………………………….. N25;
(b) where it exceeds N100 but
does not exceed N1,000 the same payment as on rent of N100 and also 20 per cent on the excess beyond N25;
(c) where it exceeds N1,000 but
does not exceed N3,000 the same payment as on a rent of N3,000 and 10 per cent on the excess beyond N750.00;
(d) where it exceeds N3,000 ….. the same payment as on a rent of N3,000 and 7.5 per
cent on the excess beyond N750.00.
(2) Where a varying rent is payable the amount of annual rent means the largest amount of annual rent.
2. The purchaser’s or lessee’s legal practitioner’s scale of charges for perusing draft and completing the lease shall be one half of the amount payable to the vendor’s or lessor’s legal practitioner.
PART III
Rules applicable to Scale II
1. Legal practitioner acting for both lessor and lessee
Where a legal practitioner acts for both lessor and lessee, he shall charge the lessor’s le‐ gal practitioner’s charge and one half of those of the lessee’s legal practitioner.

2. Mortgagor
Where a mortgagee or mortgagor joins in a lease, the lessor’s legal practitioner shall charge N100 in addition to the fee chargeable.

3. Other parties
Where a party other than a lessor joins in a lease and is represented by a separate legal practitioner the charges of the separate legal practitioner shall be dealt with under Scale ill set out in this Schedule.
4. Consideration only partly in cash
Where a lease is partly in consideration of a money payment or premium and partly of a rent, there shall be paid, in addition to the remuneration prescribed in this Scale in respect of the rent, a further sum equal to the remuneration on a purchase at a price equal to such money payment or premium.
5. Remuneration where lessee’s legal practitioner prepares, completes and registers lease
Where there is no legal practitioner acting for the lessor and the lessee’s legal practitio‐ ner, without acting for the lessor, attends to preparing, settling, completing and registering the lease and counterpart, he shall be entitled to the fee which would have been payable had he been acting for the lessor and to one half the lessee’s legal practitioner’s fees.
6. Payment of fees
In the absence of any specific agreement to the contrary between the parties, each legal practitioner shall be paid his fees by the party instructing him.
SCALE III
Any business, not being contentious business for which the charge is prescribed by section 2
or in respect of which the legal practitioner has, in accordance with section 5 elected to
charge under Scale III
[Section 1.]
The Scale of charges for any business not provided for elsewhere in this Order shall be such sums as may be fair and reasonable, having regard to all the circumstances of the case and in particular to‐
(a) the complexity of the matter or the difficulty or novelty of the questions raised; (b) the skill, labour, specialised knowledge and responsibility involved on the part
of the legal practitioner;
(c) the number and importance of the documents prepared or perused, without
regard to length;
(d) the time expended by the legal practitioner in the business;
(e) the place where and the circumstances in which the business or a part thereof is
transacted;
(f) the amount of money or value of property involved; and
(g) the importance attached to the business by the client.
ENTITLEMENT TO PRACTISE AS BARRISTERS AND SOLICITORS
(FEDERAL OFFICERS) ORDER
[S.I. 10 of 1992.]
under section 2 (3) (b)
[18th November, 1992] [Commencement.]
1. Entitlement to practise
(1) A person who, by virtue of his employment in or deployment by the Federal Ministry of Justice, is the holder for the time being of any of the offices in the civil serv‐ ice of the Federation set out in the Schedule to this Order, shall be entitled to practise as a barrister and solicitor for the purposes of that office.
(2) For the avoidance of doubt any person holding office in the civil service of the Federation, other than law officers in the Federal Ministry of Justice, shall not practise as a barrister or solicitor in Nigeria while still a holder of that office.
2. Repeal of L.N. 86 of 1963
The Entitlement to Practise as Barristers and Solicitors (Federal Officers) Order 1963 is hereby consequently repealed.
3. Citation
This Order may be cited as the Entitlement to Practise as Barristers and Solicitors (Federal Officers) Order.
SCHEDULE
[Order 1.]
Law officers in the Federal Ministry of Justice entitled to practise as barristers and so‐
licitors.
1. Directors.
2. Deputy Directors.
3. Assistant Directors.
4. Chief Legal Officers.
5. Assistant Chief Legal Officers.
6. Principal Legal Officers.
7. Senior Legal Officers.
8. Legal Officers.
9. Pupil Legal Officers.
ENTITLEMENT TO PRACTISE AS BARRISTERS AND SOLICITORS
(NATIONAL ASSEMBLY OFFICE) (LEGAL PRACTITIONERS) ORDER
[S.1. 8 of 1995.]
under section 2 (3) (b)
[ 12th April, 1995]
[Commencement.]
1. Entitlement to practise
A legal practitioner who, by virtue of his employment in the Legal Services Depart‐ ment of the National Assembly Office, is the holder for the time being of any of the of‐ fices in the public service of the Federation, shall for the duration of his tenure of the said office, be entitled to practise as a barrister and solicitor for the purposes of that office.
2. Citation
This Order may be cited as the Entitlement to Practise as Barristers and Solicitors
(National Assembly Office) (Legal Practitioners) Order.
ENTITLEMENT TO PRACTISE AS BARRISTERS AND SOLICITORS
(FEDERAL HOUSING AUTHORITY) (LEGAL PRACTITIONERS) ORDER [S.l. 9 of 1995.] under section 2 (3) (b)
[12th April, 1995]
[Commencement.]
1. Entitlement to practise
A legal practitioner who, by virtue of his employment in the Legal Services Depart‐ ment of the Federal Housing Authority, is the holder for the time being of any of the of‐ fices in the public service of the Federation, shall for the duration of his tenure of the said office, be entitled to practise as a barrister and solicitor for the purposes of that office.
2. Citation
This Order may be cited as the Entitlement to Practise as Barristers and Solicitors
(Federal Housing Authority) (Legal Practitioners) Order.
ENTITLEMENT TO PRACTISE AS BARRISTERS AND SOLICITORS
(FEDERAL ROAD SAFETY COMMISSION) (LEGAL OFFICERS) ORDER [S.l. 2 of 1997.] under section 2 (3) (b)
[12th February, 1997]
[Commencement.]
1. Entitlement to practise
A legal practitioner who, by virtue of his employment in the Legal Services Unit of the National headquarters of the Federal Road Safety Commission or any of the zonal or sector commands of the Commission, is the holder for the time being of any of the offices in the public service of the Federation, shall for the duration of his tenure of the said of‐ fice, be entitled to practise as a barrister and solicitor for the purposes of that office.
2. Citation
This Order may be cited as the Entitlement to Practice as Barristers and Solicitors
(Federal Road Safety Commission) (Legal Officers) Order.
LEGAL PRACTITIONERS (BAR PRACTISING FEES), NOTICE
[S.1. 5 of 2002.]
under section 8 (3)
[1st January, 2002]
[Commencement.]
1. Practising fees for legal practitioners
As from the commencement of this Notice, the practising fees payable by legal prac‐ titioners shall be as specified in the Schedule to this Notice. [Schedule.]
SCHEDULE

Practising fees payable by legal practitioners in Nigeria
(a) Senior Advocates of Nigeria and Honourable Benchers . ……………………………………….. N20,000
(b) Legal practitioners of 15 years’ or more standing post‐call ………………………………………. N10,000
(c) Legal practitioners of 10 years’ or more standing but less than 15 years’ post‐call …….. N7,500 (d) Legal practitioners of 5 years or more standing but less than 10 years’ post‐call ……… N4,000
(e) Legal practitioners of less than 5 years’ standing post‐call ……………………………………….. N2,000