Essence of Institute of Continuing Legal Education’s points
“In England the ICLE points are used as a measure for mandatory continuing legal education, and if strict compliance is followed in Nigeria some lawyers would be barred from practicing law.” Yunus Ustaz Usman (SAN) The objective of the MCLE programme is to ensure that lawyers enrolled to practice in Nigeria remain current regarding the […]
“In England the ICLE points are used as a measure for mandatory continuing legal education, and if strict compliance is followed in Nigeria some lawyers would be barred from practicing law.” Yunus Ustaz Usman (SAN)
The objective of the MCLE programme is to ensure that lawyers enrolled to practice in Nigeria remain current regarding the requisite knowledge, skills and values necessary to fulfill the professional responsibilities and obligations of their respective practices and work and thereby improve the standards of the profession in general.
The Nigerian Bar Association’s Institute of Continuing Legal Education (ICLE) serves as the CLE regulatory authority of the NBA by providing standard and scope for the MCLE body. Rule 11 of the Rules of Professional Conduct for legal practitioners (2007) provides that “a lawyer who wishes to carry on practice as a legal practitioner shall participate in and satisfy the requirements of the Mandatory Continuing Professional Development (CPD).
This means that it is mandatory for every young lawyer who wishes to carry on business as a legal practitioner to undergo continuing legal education. While it is important and paramount to the practice of lawyers to partake in capacity building offered by symposiums, seminars and foras to boost legal practice, it is equally pertinent to know how the points acquired in ICLE are used in the legal profession.
Truth be told, some lawyers who have been participants of MCLE programmes organised by the NBA over the years are still unsure of the number of points they have garnered and when or how such points are put to use. Which begs the question, is it used as a requirement for the conferment of SAN? Is it used to determine those eligible for NBA appointments?
This uncertainty over the ICLE points and its usage or benefit to the lawyer and the profession dampens the importance of the points acquired. An explanation as to what a lawyer with 35 points seeks to gain over a lawyer with 12 points needs to be given to lawyers to assure them of the seriousness of the ICLE to the legal profession.
We have lawyers in the federal and state ministries of justice who attend and participate at the annual general conferences and other NBA organised events like the Branch Law weeks, Business section foras, Young Lawyers Forum annual Summit, et al and gain points, apart from the capacity building which is very important without a doubt what benefits does the points garnered help the state counsel or senior state counsel in climbing the ladder at the secretariat.
The same applies with lawyers in salaried employment of government agencies, multi- nationals and the armed forces, these crops of lawyers not engaged in private practice still participate in continuing legal education organised by the NBA and likewise are given certificates evidencing the points acquired. How then do they put them to use in their places of work to aid their promotion?
The intent behind the creation of the points must be of significance one way or the other, if you ask me, I believe the custodians of the profession had a purpose for which the points ought to be used by legal practitioners in the development of their practice. Sadly, most young lawyers (this writer inclusive) who pay to get these points don’t really understand their essence few years into the legal journey.
This misunderstanding of points garnered during continuing legal education has a discouraging effect on lawyers, many who do not see the essence of how the points can be used to either aid their practice or help in promotion or appointments etc would gradually begin to attach less importance to acquiring them consistently.
For the avoidance of misconception, capacity building in the legal profession is quite necessary to the development of any lawyer and the value of the knowledge gained at these conferences and foras cannot be quantified by points. However, if the evidence of acquiring such further knowledge is not perceived by members of the NBA to be important as it ought to be then the interest or zeal of acquiring it in the first place would begin to diminish.
It is best at this tender age in the legal profession that we begin to appreciate and know the essence of the ICLE points to continue to engage in it.
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