LEGAL PRACTITIONER – QUALIFICATION TO PRACTICE LAW AS A LEGAL PRACTITIONER
“It should be noted that the qualification to practice law as a legal practitioner is as provided under the Legal Practitioners Act which includes being called to Bar and enrolled at the Supreme Court of Nigeria as a legal practitioner. It is that qualification that entitles a legal practitioner to sign/frank any legal document either for filing in a Court of Law in a proceeding or otherwise, see Okafor vs Nweke (2007) 10 NWLR (pt. 1043) 521 etc. The above requirements constitute the substantive law on the issue.
It follows, therefore, that the Provisions of Rules of Professional Conduct, 2007 is directed at the Legal Practitioner to provide evidence of his qualification to practice law in Nigeria in addition to his name being in the Roll at the Supreme Court of Nigeria. It therefore saves time needed for a search at the Supreme Court to determine the authenticity of the claim of the Legal Practitioner for being so qualified. The provisions of the Rules, I must repeat, is not a substitute for the substantive law on the matter that is why non compliance thereto renders the document involved/concerned voidable, not void or a nullity.”
PER S. N. ONNOGHEN, J.S.C in General Bello Sarkin Yaki (Rtd) & Anor V. Senator Abubakar Atiku Bagudu & 2 Ors [November, 2015] LERSC:722/2015 https://legalpediaonline.com/general-bello-sarkin-yaki-rtd-anor-v-senator-abubakar-atiku-bagudu-2-ors/
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