Former Chairman of the Nigerian Bar Association (NBA), Lagos Branch, Lateef Omoyemi Akangbe, SAN, has expressed deep concerns over the involvement of the Department of State Services (DSS) in the screening process for the conferment of the rank of Senior Advocate of Nigeria (SAN). Speaking on the controversial provision contained in paragraph 23(2) of the Guidelines for the conferment of the rank, Akangbe warned that the requirement, if left unchallenged, poses a grave threat to the independence of the legal profession.
According to the senior lawyer, the SAN rank is a professional privilege strictly under the purview of the Legal Practitioners Privileges Committee (LPPC), which already conducts a rigorous vetting process involving judicial authorities, attorneys-general, and input from the public. Akangbe maintained that allowing the DSS to play a role in the conferment process amounts to needless state interference and risks undermining the autonomy of the Bar, which he described as the “soul of justice.”
Read full statement below;
Like many others in the profession, I was not aware of the provisions of para 23(2) of the Guidelines for the conferment of the rank of Senior Advocates of Nigeria (SANs), which requires applicants to submit to the screening of the Department of State Services (DSS), until 2 years ago. Whilst the provisions may have been well intended, it risks undermining the very foundation of the legal system, which requires legal practitioners to be independent.
The rank of SAN is neither a political office nor an executive favour. It is a professional privilege created by the Legal Practitioners Act, to be administered exclusively by the Legal Practitioners Privileges Committee (LPPC), which is composed of Justices of the Supreme Court, the Court of Appeal, Chief Judges, Attorneys-General, and distinguished practitioners, already subjects candidates to rigorous vetting. The process also provides for comments and objections from the public, which is the actual constituency lawyers are called to serve.
Whilst we have no information as to why the requirement was introduced, it does not appear that the DSS, which already has a great deal to do, sought this additional duty. It is, therefore, most concerning that the LPPC introduced this requirement to the Guidelines. As already pointed out, applicants for the rank are, in the most part, practitioners in private practice. It is difficult to see how their applications for the rank of SAN should be of concern or interest to the State, other than a desire by the State to control who is conferred with the rank. This is a needless affront to the competence and independence of the LPPC itself.
This incursion risks opening what should be an independent profession to unwarranted and unconstitutional interference from the State. The danger is clear: advocates who are required to be independent and to act for any person seeking justice, even where that requires the questioning or challenging of the exercise of governmental authority, who insists on justice, may be quietly excluded from being conferred with the rank. Should this occur, the very independence of the Bar, which is the soul of justice, will be imperilled. No other common law jurisdiction, which has such a rank, involves state security agencies being permitted to conduct screening for strictly professional honours. There is no valid reason why Nigeria should permit it.
The NBA, the Body of Benchers, and other stakeholders in the justice sector must prevail on the LPPC to amend the Guidelines and remove this provision. This is not about individuals, but about protecting the autonomy of the profession and the very soul of justice.
I therefore respectfully call for the immediate suspension of DSS screening, and urge the LPPC to amend its Guidelines to permanently expunge this provision. Only then can we safeguard the independence of the Bar. To remain silent is to acquiesce, and acquiescence today may cost us the profession we hold dear tomorrow.
LATEEF OMOYEMI AKANGBE, SAN, FCIArb (UK)
Former Chairman, NBA Lagos Branch
