Lawmakers should employ lawyers – Balogun

There is this belief that senior lawyers ‘exploit’ younger ones during their pupilage, by paying them pittance; how true is it?Well, it is not exploitation. From the UK, the practice is that you are the one to even pay your principal because it’s like apprenticeship; you are learning. Of course, can you prepare serious documents […]

There is this belief that senior lawyers ‘exploit’ younger ones during their pupilage, by paying them pittance; how true is it?
Well, it is not exploitation. From the UK, the practice is that you are the one to even pay your principal because it’s like apprenticeship; you are learning. Of course, can you prepare serious documents as a lawyer without having up to five years at the Bar? Can you do it? Can you prepare a good brief of argument as a junior counsel? Can you deal with serious matters?
I want to thank my principal, Yusuf Ali, a Senior Advocate of Nigeria (SAN) for the opportunity to learn from him. I enjoyed that opportunity. I would not close until 9pm; and my principal would also not leave office until about 9pm. I was enjoying what I was learning because I believed the future was there for me. Now, it’s paying off.
I am one of the advocates that lawyers should be well paid and given car loans. But nowadays, their performances are not encouraging. Many of them cannot even prepare good letters or briefs. I am also appealing to our seniors who are well-to-do to employ more lawyers. This is so because it appears the market is becoming saturated now because those who ought to employ lawyers don’t do that. Those lawmakers at the state or national level are supposed to employ a lawyer each to advise them.
However, the NBA is struggling to enforce that. If we had 24 lawmakers in Kwara State and 24 lawyers were working with them, the market would not be saturated. At the national level as well, at least a lawyer should be attached to a senator or member of House of Representatives respectively. With this there won’t be the problem of lawyers roaming the streets.
There is market for us, but we need to be more proactive. We need to push for the enforcement of this so that lawyers would be employed by all the senators and House members, both in the states and the national level.
It appears the saturation of the profession now manifests in the quality of lawyers being churned out. What are the measures being put in place to address the problem that may arise as a result of this saturation?
Well, I have to agree that lawyers being churned out every year could be stupendous, but in terms of standard, the Law School doesn’t compromise at all. If you don’t pass you would go back and re-take the exams.
They have maintained that standard, but it is another experience after Law School. You cannot just go to court to argue a case. It is not feasible for a fresh graduate from the Law School to handle cases in court. What you learnt there is theoretical. You need to garner experience from seniors to know how they do it.
Looking back at your years of practice, do you think the environment is conducive for a lawyer to practise and excel?
Yes, of course. Why not? The only problem is: because we are many, the young ones are not ready to do pupilage. They open their law firms, and ‘anything goes.’ And this is affecting us. For instance, we are expected to take a minimum of 10 per cent on agreements; but because they are hungry and must survive, some of them take one per cent. That is why pupilage is very important.
I agree with you that there is mushroom practice everywhere. But go to the UK, at least 250 lawyers are forming partnership. That is why you must go to them. There, if I don’t take 10 per cent, you cannot take it anywhere else because you have 200 lawyers in a firm. But in Nigeria now, you see law firms everywhere; and where is the market? That is why there are problems; and the earlier we regulate it, the better.
Another thing is the intake of lawyers. You know, we turn out at least 5,000 lawyers yearly when there is no regulation on how to get them employed. There should be a way of employing lawyers so as to alleviate the predicament of young ones.
Do you have any reservation regarding the Nigerian judicial system?
In every profession, we have the black sheep. But in Nigeria, I think we are lucky because such cases are not rampant. The Press usually over-blows the issue of corruption in the judiciary. How would you begin to bastardise the judiciary because one out of 100 people is corrupt?
The National Judicial Council (NJC) is doing its best. You now know that once you are caught by the NJC, you would face a disciplinary process; and of course, if you are found wanting, you would be dismissed or retired compulsorily. In Nigeria, our judiciary is not as corrupt as people think. They are doing wonderfully well; I salute them. The black sheep are being fished out and dismissed. Also, lawyers who collect money from clients without remitting are de-robed if referred to the Disciplinary Committee of the NBA and found guilty.
It is believed that the process and procedure for granting the prestigious Senior Advocate of Nigeria (SAN) has been politicised, do you subscribe to that?
We must appreciate that this is not a matter of right, it is discretionary. And if it is a matter of discretion, can you now complain? They have their regulation. If you have six Supreme Court cases, 10 Court of Appeal cases and about 15 High Court cases, you are qualified. And they will come to your law office to see whether it is well stocked, whether you have four lawyers, and whether you pay your practising fee up to date. Many of us meet that criteria, but does that mean we would turn out 500 SANs every year? They would now use seniority to determine who gets it.
Once you are 10 years in practice, you are qualified. So it is not the issue of politicising; it is that of discretion.
The last National Assembly embarked on constitution amendment, which gulped a huge amount of money, but former President Goodluck Jonathan withheld his assent; what is your take on this; what is your advice to the present National Assembly?
On the withholding of assent, President Jonathan had his point. He said they had taken away the power of the presidency. He was not opposing all the amendments. I think it was about three or four areas. That is why the Supreme Court, in their own wisdom, told them to go and resolve the matter amicably. The court didn’t consider the matter. They said both parties should advise the clients, and they could jaw-jaw. The Supreme Court didn’t determine that case. I’m sure this 8th Assembly will review the position. They need to jaw-jaw with the executive for an amicable resolution of the issue. I think it can be really resolved.
What is your assessment of President Buhari’s first 30 days in office?
It is too early to condemn him. I don’t subscribe to the idea that he is too slow; it is motion without movement. The Peoples Democratic Party (PDP) should just keep quiet. Why are they saying this now? It is not easy. We all know where we are in this country today. Salaries are not paid, look at our foreign reserves. Is he going to fix these within one month? It requires some painstaking planning. He cannot perform miracles. Even if you are a genius, it requires a painstaking assessment of the situation before you now provide solutions. And of course, he won’t do that alone. He needs some advisers. Is he an engineer or an accountant? It’s only that he is exposed to all these areas because he has done it before. People need to advise him. He is doing well.
He has dissolved the NNPC Board and made some appointments. Is he not working? I’m sure that he is going to perform.