Fit and proper, a condition precedent

“An important requirement for admission as an attorney or advocate is to be a ‘fit and proper person’. Lawyers are also struck from the respective rolls of advocates or attorneys if they cease to be ‘fit and proper’. www.scielo.org.za By virtue of the Legal Practitioners Act, a person shall be entitled to be called to […]

“An important requirement for admission as an attorney or advocate is to be a ‘fit and proper person’. Lawyers are also struck from the respective rolls of advocates or attorneys if they cease to be ‘fit and proper’. www.scielo.org.za

By virtue of the Legal Practitioners Act, a person shall be entitled to be called to the Bar, if he satisfies the Benchers that he is of good character. The fit and proper test is a test aiming to prevent persons of questionable character to be called to the Nigerian bar, to protect the sanctity, nobility, and image of the legal profession.

A trending case in the legal environment is the expulsion of one Mr. Olusegun Kayode Bello by the council of Legal Profession from the Nigerian Law School, for lacking the attributes of a person ‘fit and proper’ to be called to the Nigerian Bar Association.

 In a statement signed by the Nigerian Law School, Head of Information and Protocol, Mr. Chinedu Ukekwe, sometime in March 2017, there was an altercation between Mr. Kayode Bello and one of his female colleagues over a preferred seat in the venue of the lecture, because of his disorderly behaviour, a query was issued to him by the Head of Students Affairs Department, rather than addressing the issue, he went into irrelevant narration, alleging bias by the officials.

His continued disruptive behaviour raised concern amongst his colleagues, in consequence, the Students Representative Council issued a disclaimer of his actions which was addressed to the Head of Academics on March 21, 2017 and reads in part as follows;

“This is to bring to your notice that the SRC… distances itself totally from the unnecessary and inordinate acts of one Mr. Kayode Bello. This is coming after the SRC through the appropriate committee met with the said Mr. Kayode Bello to aggregate interest, but he walked out on the committee.”

Consequently he was invited to appear before the Students Misconduct Committee, for various infractions of the Students Code of Conduct, even though he received the letter of invitation, he refused to acknowledge receipt of it and failed to appear the committee, despite repeated invitations. At the conclusion of its deliberation, the committee found Mr. Bello liable of allegations against him, it noted;

“The Council of Legal Education was magnanimous in its decision to approve the admission of Mr. Bello to the Nigerian Law School, despite the adverse report from his university … Mr Bello lacks the attributes, disposition, and comportment of an aspirant of the Bar.” It therefore recommended his expulsion from the Nigerian Law School.

 The report of the committee was considered by the Council of Legal Education at its meeting of July, 11, 2017, which approved the recommendation.

Mr. Bello’s penchant for misbehavior was also brought to the fore via a letter from the principal partner (a Senior Advocate of Nigeria), of the law firm to which he was attached, during the just concluded externship exercise by all students of the Nigerian Law School. The firm was constrained to terminate his stay there even before the period expired because of Mr. Bello’s incorrigible behaviour.

According to Mr. kayode Bello, “it is quite shocking and shameful that the Nigerian Law school which everyone should see as a beacon of light and hope for justice had degraded to an arena of lies and deception”, he further stated how he got admitted into the Nigerian Law school and challenged the Nigerian Law School “to prove that I had estranged relationships with my colleagues. It is trite that he who asserts or alleges must prove.”

A wise man once said, “If you have a problem with everyone around you, then the problem is with you.” It is true that the Nigerian Law School should firstly be fit and proper before determining who is ‘fit and proper’, this does not give any aspirant of the bar the right to act in a manner unbecoming of a gentleman. 

The fact that Mr. Kayode could not give his seat to a lady, already shows he does not have the attribute of a gentleman, secondly, the fact that he allowed an issue of seat to escalate to his expulsion shows he lacks the comportment required of a gentleman.

University of Ibadan or Nigerian Law School might be wrong in their conduct of the matter leading to his expulsion, but what about the law firm that terminated his externship before the due time? Did they also conspire against him?

To my mind and without judging the said Mr. Kayode Bello, if he had the attributes and comportment of a gentleman, the issue would not have reached the level it got to, he would have acted like a gentleman aspiring to the Bar and try to settle the issues amicably.

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