SAN: A controversial title?

In this piece, PILOT JUDICIARY examines the controversy that usually trail appointment and conferment of lawyers with the prestigious rank of Senior Advocate of Nigeria (SAN) by the Legal Practitioners Privileges Committee (LPPC) year in, year out.

The introduction of SAN title was dated back to 1975, when the late legal wizard, Chief FRA Williams and late Dr Nabo Graham-Douglas were first to be conferred with the prestigious rank, which has been the desire of many lawyers.

The 40 year old title, however, over the years have been subject of controversy. The processes and procures of granting the award have been politicised, some lawyer argued. They predicated their argument on the fact the political class “dictates who takes what” in every sector in Nigeria. New 21 SANs will be sworn in by September 21 to join 408 recipients (both living and dead). On the other hand, some other lawyers believed the LPPC has maintained merit in the appointment.

Arguably, some lawyers (living and dead), who merited the award were deprived of the prestigious. While some lawyers were said to have been denied of the rank because “they did not play politics,” others were snubbed owing to their radical posture.

However, the rank according to the LPPC is a privilege and not of right. Hence, this appeared to have impeded many lawyers against taking any legal action challenging the processes of the awards. Among criteria expected to a lawyer to be conferred with the rank are; ten years post call-to-Bar, particulars of signified contested cases, eight High Court judgements, Six Court of Appeal Judgments, Three Supreme Court Judgements, chambers inspection for size, library quality, facilities, number of employees and candidate must be of good character and must not have pending disciplinary case or complaint of professional misconduct against him.

While the LPPC has continued to say it is committed to merit and equality of opportunity in the appointments process, number lawyers feel otherwise, believing that it has been politicised. They called for the scrapping of the 40-year old title.

An Ilorin-based lawyer, who preferred to speak on the condition of anonymity, said the rank should be scrapped to ensure fairness. “I must tell, the appointment of SAN involves politics. In fact, if you are not son or daughter of well-meaning Nigeria or you have strong connection, you will just be applying every year. The award should be scrapped. As a matter of fact, I'm not interested in it,” the lawyer, said.

The Doyen of Senior Advocate of Nigeria (SANs) in Kwara State, Alhaji Aliyu Alarape Salman who was member of LPPC for many years, said “the body has sustained merit in the appointment of SAN.”

A SAN-designate, Kehind Eleja who spoke with Pilot Judiciary before his appointment recently, said: “I do not share that belief because those who have been conferred with the ranks are satisfied the minimum advertised criteria. So, if someone has met the minimum advertised criteria, you can't be talking of politics.”

On his part, Prof Wahab Egbewole argued: “The judiciary that is involved in the process of the appointment of people into the rank of Senior Advocate of Nigeria is within the Nigerian society and cannot be an island itself. There are no perfect systems anywhere in the world and if there is no perfection anywhere because perfection belongs to God, therefore, we should expect some challenges in any human institution. But, there is still a lot of merit in the appointment of SANs.”

The former Nigerian Bar Association (NBA) Chairman, Ilorin Branch, Rafiu Balogun submitted: “We must appreciate the fact that this is not a matter of right, but it is discretionary. And if it's discretionary, would you now complain? They have their regulation; six Supreme Court cases, 10 Court of Appeal cases and let's say 15 High Court cases, you are qualified. 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 till date. Many of us are qualified, but does that mean we are going to turn out 500 SAN every year? So, the issue of politicising, I'm afraid because it's at their discretion.”

However, one of the oldest lawyer in Nigeria, Pa Gomez, who is the Chairman Movement for the Abolition of the rank of SAN, was quoted to have said: “The rank is oppressive to all other lawyers; it is against fair trade and violates the provision of the constitution and that of the African Charter. It does not give the lawyers a common-level playing ground. It is in that respect that it ought to be jettisoned. The award was based on merit initially, but now it has become like a chieftaincy title.”

An Ilorin-based budding lawyer, Abdulkareem Alabi who expressed his views on whether to scrap the rank or not, averred that there is not point scrapping it.

“If 120 lawyers apply and 70 are found to be qualified, but 20 are picked, I think such decision must have been reached by LPPC based on certain principles. I think what they use is this principle of first among equal. So, the fact that some are picked among 50 qualified lawyers does not amount to playing politics. So, I don't believe the title should be scrapped. There is no point scrapping it,” Alabi, argued.

#JUDICIARY