SAN
That was the hue and cry at the Annual General Conference of the
Nigerian Bar Association. It was a proposition that was slipped in at
every opportunity. To understand the depth and intensity of this cry
and the resulting reaction, an appreciation of the rank of Senior
Advocate of Nigeria (SAN) is necessary.
The Conferment of the rank of SAN sprung up as an equivalent to the
Queens Counsel of England. The first lawyers to be conferred with the
rank were Chief Fredrick Rotimi Alade Williams and Bekinbo Graham-
Douglas in 1975, which was when the rank was established.
The rank is conferred by the Privileges Committee and is awarded to
lawyers who are 10 years or more at the bar. However, conferment is
not automatic and since it is a privilege, the rank is not one that is
of right; in other words, no one has the right to be conferred with
the rank of SAN. Certain conditions need to be met, such as the number
of cases handled and the number of Court of Appeal and Supreme Court
appearances, to mention just a few and even at that, conferment is
totally at the discretion of the Privileges Committee.
Once a lawyer has been conferred with the rank of SAN, he/she becomes
a silk wearing member of the Bar. This comes with quite a number of
privileges some of which are the right to be heard out of turn at
Court and the best seats in Court. One other indirect privilege the
holder of the rank enjoys is the best and more lucrative cases are
usually for the picking.
So one might ask, why would lawyers wish to eradicate such an
honourable icon of accomplishment? There may be several reasons for
the abolition of the rank of SAN, but the loudest was the method of
conferment. Since the conferment is solely at the discretion of the
Privileges Committee, there is obviously little transparency about it
all. The general opinion seemed to be that less deserving lawyers were
being so honoured while earnest, hard working and deserving lawyers
were being overlooked, despite countless applications. There were
murmurs and words such as ‘politicizing‘ and ‘cartels‘ were bandied
about. The call for the abolishment of the rank became so heated that
the President of the Nigerian Bar Association (NBA) at the recently
concluded Annual General Conference (AGF) had to institute a technical
committee to investigate the call and report to the National Executive
Council (NEC), the ultimate decision making organ of the NBA.
What would such a move, should the NEC act on it, mean for legal
tradition? Apart from the obvious halt of a thirty-plus-year
tradition, the younger lawyers would be the most affected. It would
mean for some, the draining of a legal wellspring of inspiration.
There are some law students who from their first year at university,
dedicated their toils and candlelit vigil over tomes to the eventual
donning of silk. What would the abolition of the rank mean to their
hopes and dreams? What becomes the determinant of excellence in the
legal profession? Not to say that the rank of SAN right now is the
sole determinant of excellence in the profession, but there is the
presumption of excellence which comes with the silk robe. Is abolition
really the answer or should we focus more on reformation?
In my view I rather advance more practical ways and means to
regularise the whole system of elevation to the rank of SAN.
lawyers in umuahia yesterday in a vote of 69 against 29 endorsed their
resolve for the abolition of the rank of SAN.
however members of the young lawyers forum who seek to partake of the
fair share of the exploit ernestly seek the survival of the rank.
That was the hue and cry at the Annual General Conference of the
Nigerian Bar Association. It was a proposition that was slipped in at
every opportunity. To understand the depth and intensity of this cry
and the resulting reaction, an appreciation of the rank of Senior
Advocate of Nigeria (SAN) is necessary.
The Conferment of the rank of SAN sprung up as an equivalent to the
Queens Counsel of England. The first lawyers to be conferred with the
rank were Chief Fredrick Rotimi Alade Williams and Bekinbo Graham-
Douglas in 1975, which was when the rank was established.
The rank is conferred by the Privileges Committee and is awarded to
lawyers who are 10 years or more at the bar. However, conferment is
not automatic and since it is a privilege, the rank is not one that is
of right; in other words, no one has the right to be conferred with
the rank of SAN. Certain conditions need to be met, such as the number
of cases handled and the number of Court of Appeal and Supreme Court
appearances, to mention just a few and even at that, conferment is
totally at the discretion of the Privileges Committee.
Once a lawyer has been conferred with the rank of SAN, he/she becomes
a silk wearing member of the Bar. This comes with quite a number of
privileges some of which are the right to be heard out of turn at
Court and the best seats in Court. One other indirect privilege the
holder of the rank enjoys is the best and more lucrative cases are
usually for the picking.
So one might ask, why would lawyers wish to eradicate such an
honourable icon of accomplishment? There may be several reasons for
the abolition of the rank of SAN, but the loudest was the method of
conferment. Since the conferment is solely at the discretion of the
Privileges Committee, there is obviously little transparency about it
all. The general opinion seemed to be that less deserving lawyers were
being so honoured while earnest, hard working and deserving lawyers
were being overlooked, despite countless applications. There were
murmurs and words such as ‘politicizing‘ and ‘cartels‘ were bandied
about. The call for the abolishment of the rank became so heated that
the President of the Nigerian Bar Association (NBA) at the recently
concluded Annual General Conference (AGF) had to institute a technical
committee to investigate the call and report to the National Executive
Council (NEC), the ultimate decision making organ of the NBA.
What would such a move, should the NEC act on it, mean for legal
tradition? Apart from the obvious halt of a thirty-plus-year
tradition, the younger lawyers would be the most affected. It would
mean for some, the draining of a legal wellspring of inspiration.
There are some law students who from their first year at university,
dedicated their toils and candlelit vigil over tomes to the eventual
donning of silk. What would the abolition of the rank mean to their
hopes and dreams? What becomes the determinant of excellence in the
legal profession? Not to say that the rank of SAN right now is the
sole determinant of excellence in the profession, but there is the
presumption of excellence which comes with the silk robe. Is abolition
really the answer or should we focus more on reformation?
In my view I rather advance more practical ways and means to
regularise the whole system of elevation to the rank of SAN.
lawyers in umuahia yesterday in a vote of 69 against 29 endorsed their
resolve for the abolition of the rank of SAN.
however members of the young lawyers forum who seek to partake of the
fair share of the exploit ernestly seek the survival of the rank.
