FUNCTIONS OF THE COUNCIL OF LEGAL EDUCATION IN NIGERIA

ESTABLISHMENT

         The Council is established by Section 1 of the Legal Education Act, 1962 which later became the Legal Education (Consolidation etc) Act, 1976 contained in CAP L.10, Volume 8, LFN, 2004.

         By Section 1, subsection (1) of the Act, the Council is a body corporate with perpetual succession and a common seal.  It was established mainly to run the Nigerian Law School, particularly regarding policy matters.

FUNCTIONS

1.   Responsibility for the Legal Education of persons seeking to become Members of the Legal profession.  See Section 1(2) of the Act.  The Council discharges this function through the institution of the Nigerian Law School, which gives professional and practical legal education to persons seeking to become legal practitioners.

2.   Continuing Legal Education for legal practitioners.  See Section 3 of the Act. [seems more on paper than practice]

3.   The issuance of qualifying certificates to persons qualified for call to the Bar.  See Section 5.

4.   Incidental matters. Section 2(5) of the Act empowers the Council to do such things as are expedient for the purpose of its functions. 

Under this profession, the Council has:

1.   Prescribed conditions which a university faculty must comply with before its products are eligible for admission into the Law School [particularly as relates to the necessary courses the uni must offer], and

2.   It has also prescribed good conduct as a condition precedent for admission to the Law School and for call to the Bar and the Court has upheld it.  See OKONJO V. COUNCIL OF LEGAL EDUCATION, FCA/L.16/78 of 12 March 1979 (1979) Digest of Appeal Cases 28. 

One of his referees (a previous employer) gave an adverse report concerning him and as a result he wasn’t given admission. Court held that CLE under s. 2(5) of the Act have d right to make such rules as they consider proper for the efficient functioning of the CLE.

Thus, CLE can deny anybody admission into the NLS upon bad character.

Please note that such bad conduct as enumerated by Council include cultism, fraud, examination malpractice, et cetera. 

The Council subjects reports of bad conduct against candidate to a thorough investigation and if such reports are found to be true, such candidates may be denied admission to the school and if already admitted, the Council may prevent them from writing their Bar Final Examinations. 

Even where they do write their examinations and pass, the Council may not recommend them as fit and proper persons to the Body of Benchers for call to Bar.

Also note that while investigations are pending, the Council may withhold the release of candidates result until the conclusion of the investigation.

3       CLE recommends officers to the Body of Benchers.

COMPOSITION

Council considers material the nature of offence committed in determining if it amounts to bad conduct.  Conviction may not necessarily amount to bad conduct, for example, conviction on political ground.  Conversely, acquittal or State pardon is not necessarily conclusive evidence of good conduct.  For example, an acquittal on technical ground.

Character is fundamental both to admission into the NLS and collection of bar certificate. It is within the discretion of the CLE to consider who they consider to  be of good OR bad character. This will be based on facts- the CLE looking into those allegations.

COMPOSITION OF THE COUNCIL OF LEGAL EDUCATION (CLE)

1.   The Chairman is appointed by the FG on the Federal Attorney General’s recommendation.

2.   Attorney General of all the states (and in the absence of a State Attorney General, the Solicitor General).

3.   A representative of the Federal Ministry of Justice appointed by the Federal Attorney General.

4.   Heads of Faculty of Law of recognised universities in Nigeria, whose course of legal studies is approved by Council as sufficient qualification for admission to the Law School [Dean of accredited faculties of law automatically get appointed to the CLE].

5.   The President of the NBA.

6.   15 persons entitled to practise as legal practitioners in Nigeria of not less than 10 years post call selected by NBA. [15 members of the bar, 10yr post call.]

7.   The Director General of the Law School.

8.   Two authors of published learned works in the field of law appointed by the Federal Attorney General.

Please note that the Chairman and the two authors hold office for four years and may be reappointed for another four years unless they resign or are removed.  Council Members are not entitled to any remuneration. 

Section 2(5) of the Act.

Section 4 empowers the Federal Attorney General to give Council, directions of a general nature regarding the exercise of its functions and the Council has the duty to comply with these directives.

OKONJO VS COUNCIL OF LEGAL EDUCATION.

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