Q And A Legal Method

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Ratio decidendi and obiter dictum, though, from the same source, are still far apart discuss.

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Ratio decidendi and obiter dictum are aspects of the decisions of a superior court of record. When a judge makes a decision in a case before him, he disposes of the immediate problem and also lays down a legal principle which other judges may have to consider. In the event of the later courts or judges being lower in status to the status of the earlier court, the lower courts must follow that earlier decision given by a higher court. However, it is not the corpus of a decided case that constitutes a precedent for the determination of subsequent cases. This brings up the concepts of ratio decidendi and obiter dictum.

Ratio decidendi is defined by the Black's Law Dictionary, 9th edition at page 1376 as "the principle or rule on which a court's decision is founded." The reason for a decision given by a judge. In Nwadiani v. Uboh (2010), the supreme court held that ratio decidendi of a case is the reason for the decision, the principle of the decision. In Cyril O. Osakue v. Federal College of Education Asaba (2010), the supreme court held that racio decidendi has the effect of binding inferior courts and not obiter dictum.

Obiter dictum is defined by the Black's Law Dictionary, 9th edition at page 1177 as "A judicial comment made while delivering a judicial opinion but one that is unnecessary to the decision in the case and therefore not precedential." A comment or a statement made by the judge passively which is not a ground of the decision. Thus, in Nwadiani v. Uboh, the supreme court defined obiter dictum as a Latin phrase meaning "something said in passing" and a remark made by a judge as an opinion in his decision upon a cause "by the way." Similarly, in National Democratic Party (NDP) v. Independent National Electoral Commission (INEC) (2013), the supreme court held that obiter dictum constitutes words of opinion entirely unnecessary for the decision of the case, a remark made in passing incidentally or collaterally and not directly upon the question before the court. Such is not binding as precedent.

In summary, ratio decidendi is appealable while obiter dictum is not. The reason of a court's decision is subject to appeal whereas a comment made by a judge in passing or passively is not subject to appeal. Ratio decidendi is binding while obiter dictum is persuasive.

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The eternal debate continues: do judges make law? Advance your own contributions to this debate.

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Ordinarily, according to the doctrine of separation of powers as enshrined in section 4, 5, and 6 of the 1999 Constitution of the Federal Republic of Nigeria(as amended), the primary function of judges is to interpret the law. In reality, judges do not make laws, they rather pronounce upon laws. In the words of Hon. Justice Ambrose Alagoa (formerly of the Federal High Court Jos Division), "Judges are not to expand the law; they are to expound the law." His statement found judicial pronouncement in the case of Hon. Henry Seriake Dickson v. Chief Timipre Martin Sylva & 3 ORS. (2017) by the supreme court as follows:"A court is bound to expound the law and not to expand it. It is to decide what the law is and not what it ought to be. It should tow the path of objectivity not subjectivity. A judge cannot and should not supply omissions in a statute." The major argument here is that Judges should stick to their role of interpreting the law and not more and should not dabble into the work of the legislature. Also, in Abioye & 4 ORS V. Sa'adu Yakubu & 5 ORS (2001), the court held that,"It is not a derogation of the powers of judges if they limit themselves to the duty if the interpretation of the Act. What the law ought to be is out side the function of the judges. What the law is is found in their judgement."

However, judges sometimes go outside the law in order to administer justice. This is also called judicial activism. Judicial activism Is the act of going outside the provisions of a law in determining a case. In the case of Magit v. University of Agriculture Makurdi & ORS (2005), the Supreme Court, per Pats-Acholonu, JSC, held as follows: "It is said that the function of the court is to interpret laws made by the legislature and not to make laws. In theory that is so. But it must equally be admitted that judges are not robots or Zombies who have no mind of their own except to follow precedents... As the society is externally dynamic and with the fast changing nature of things in the ever changing world and their attendant complexities, the court should, empirically speaking, situate its decisions on realistic premise regard being had to society's construct and understanding of issues that affect the development of jurisprudence." Also, in the case of Esso West Africa Inc v. T. Oyegbola (1969), The supreme court stated,"The law cannot be and is not ignorant of modern business methods and must not shut its eyes on the mysteries of the computer. In modern times reproduction or inscriptions on ledgers or other documents by mechanical process are common place."

Furthermore, judges can influence law making and the role of judges in influencing the enactment of good and relevant laws cannot be overemphasized. It is noteworthy that this is what the Supreme court did in the case of N.U.E.E. V. B.P.E (2010) when in its wisdom held that, "...It means therefore that by Decree no. 47 of 1992 arrogating to the National Industrial Court or superior court of record does not by that token make the National Industrial Court a superior court of record without due regard to amendment of the provision of section 6(3), (5) of the 1999 constitution which listed the only superior court of record recognized and known to the constitution and the list does not include the NIC. Until the constitution is amended, it remains a subordinate court to the High Court. The implication of conferring exclusive jurisdiction in trade disputes on the NIC is to exclude the wide powers of the State High Court thus causing the conflict between Decree No. 47 and 272 of the 1999 Constitution and any inconsistency with section 272 of the Constitution in that regard is void to the extent of the inconsistency. Consequently, Decree No. 47 is null and void being inconsistent with section 272 of the 1999 Constitution." In the latter case, the supreme court was called upon to determine inter alia the jurisdiction of the NIC vis-à-vis the State High Court or Federal High Court. When sections 6(5) and 272 of the constitution were interpreted by the SC, it reached the decision that the NIC was inferior to a SHC and a FHC. The supreme court did not stop at that but gave a Lee way for the problem to be cured when it stated that Until the constitution is amended.It triggered the leadership of the NIC led by Hon Justice B. A Adejumo, OFR who agitated for the amendment of the constitution to accommodate the NIC. This found the acceptance of the National Assembly and the Third Alteration Act 2010 was enacted and signed on 7th March, 2011.We can say that the Third Alteration Act, 2010 is a product of judicial influence and collaborative governance between the judiciary and the legislature.

In conclusion, in the case of Allen v . Jackson ( 1875) I Eng. Rep. 399, 405 (Ch. D.), Mellish L. J. expressed the view that the whole of the rules of equity and nine-tenth of the common law have in fact been made by judges. One must not hesitate to state that today the controversy whether judges make laws or not has been laid to rest and it is settled law that judges do make law though retrospectively.

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Explain loco citato opera citato as citation signals in law.

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Citation signals are referencing tools used in legal writing.

Loco Citato(loc. Cit.):Used to refer to a material previously cited on the same page after other materials have intervened. E.g

J. Nnamdi Aduba, Key Issues in Constitutional Law in Nigeria, (Abuja: NIALS) 100.

Garner, B. A. et al. The Black's Law Dictionary 10th edition (USA: West Reuter Co.) 3228

J. Nnamdi Aduba, Loc. Cit.

Opera Citato or Opere Citato(op. Cit.):Used to refer to a material previously cited but on a different page where other materials have intervened. For instance:

Agomo, C.K. The Nigerian Law of Employment (Lagos: Creative Minds Press, 2011) 52.

...........................

...........................

............................

Agomo, C. K. The Nigerian Law of Employment, op. cit. 83.

Law Referencing is done via footnotes not endnotes.Footnotes are numbered consecutively and are automatically inserted while typing. Most publication outlets have their peculiar demands which a legal writer should adhere to.

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Categorize the list into the sources of law we have in Nigeria.

Briefly explain each of the items on the list.

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Source means the origin of something. Sources of law simply mean the origin, the basis and authoritative platform upon and from which any law or laws are or are derived. It is the anchor on which any law stands. Sources of law gives law its legitimacy and authority. The court allocates value or weight to laws according to their source. They can either be binding or persuasive. Sources of law also refers to the materials through which a legal practitioner or a court or judge would find reliable authorities for a particular legal question.

Specifically in Nigeria, sources of law consist of two categories whether they are historical, institutional or compendium sources. They are categorized into: Primary sources and Secondary sources.

Primary sources:

Legislation

Judicial precedent

Secondary sources:

Subsidiary legislation

Customs

Legal journals

Books/monographs

Legal encyclopedia/dictionaries

B. Legislation:

Legislation is a formal statement, pronouncement or enactment by the legislature.It consists of statutes.Statutes are laws made by the legislative arm of government. These are variously called Ordinances, Acts, Decrees, Laws or Edicts depending on when and by who or under which form of government they were made.

Section 4 of the 1999 CFRN provides for legislative powers.

Section 4(1) of the 1999 CFRN states that legislative powers of the Federation shall be vested in the National Assembly while section 4(2) provides for the legislative competence of the National Assembly. In this regard, the National Assembly makes Acts on all matters and items contained in the Exclusive Legislative List on Part 1 of the Second Schedule to the 1999 Constitution.

Items within the legislative competence of the National Assembly are outside the legislative competence of the State House of Assembly as stated in section 4(3) of the Constitution.

Section 4(6) covers the legislative powers of a State House of Assembly.

Section 4(7) captures the legislative competence of a State House of Assembly which refers to the Concurrent List in Part II of the Second Schedule to the 1999 Constitution and in any other matter not contained in the Exclusive Legislative List. It is important to note the scope of exercise of legislative powers based on legislative competence. Any power exercised outside legislative competence is held void by the courts.

Judicial precedent:

Judicial precedent is the decision or pronouncement by a court of competent jurisdiction on a dispute brought before it. Judicial precedent is also known as case law, which means legal principles developed through case. Although judges are said not to make laws but to interpret the law, the principles of interpretation that a court brings to bear in deciding a case at hand can become a focal point of reference in determining future cases. Judicial Precedent is the practice whereby the early decision of a court is allowed in subsequent similar cases.

Secondary sources:

These are sources of law that are explanatory, supportive and descriptive of the primary sources of law. They back up primary sources of law. They are employed where the primary sources are silent or no existent. They are persuasive and not binding. They are opinions, perspectives and views held by individuals on statutes, legal issues and happenings.They also used as reference materials.They are regarded as repositories of knowledge.They are varied because of differences in opinions and perspectives.

1. Books/Monographs:These are works or writings of authors legal issues. It is a work on sole or thematic area of law. E.g The Law and Practice of the National Industrial Court of Nigeria by Bamidele Aturu. The Province of Legal Method by S. S. Shikyil and M. M. Gidado. Books on the other hand, touch on different aspects of law. They also include edited works of several authors.

2. Legal journal:They are a compilation of legal articles often short and precise on topical contemporary legal issues and happenings.They are also used by authors to comment on statutes, books, cases, government policies, etc. They have found acceptance in modern timed because sometimes they are the only available analysis on topical legal issues.

3. Subsidiary legislation: These are rules and regulations or bye-laws made by an administrative body or person created by statute. Subsidiary legislation is law enacted under the powers conferred by a statute. It is also called delegated legislation. For it to be valid, it must be in agreement with the statute which created the body or person seeking to make such legislation.

4. Legal encyclopedia and dictionaries:They are sources of law which help provide explanation and clarity on words, phrases or Latin Maxims. E.g Black's Law Dictionary by Garner, B. A. et al. The Nigerian Law Dictionary by Nchi Suleiman I.

Custom:

Section 258(1) of the Evidence Act, 2011: a rule which in a particular district has from long usage obtained the force of law. Suleiman Ismaila Nchi in Nigerian Law Dictionary, new edn. P. 168: A rule of conduct of long usage considered as obligatory by those who practice it or in the society in which it is widely practiced. Niki Tobi, JSC: the customs, rules and traditions which govern the relationship of members of a community. In Owoniyi v. Omotosho (1961), Bairamian FJ, held that, Customary law is "A mirror of accepted usage, among a given people". Customary law is any rule practiced by a particular people who regard same as binding on them and which has acquired the force of law. Customary law consists of the customs accepted by members of a community as binding on them.

In conclusion, it should be noted that only the primary sources could have binding force on a court of law in Nigeria whereas the secondary sources can merely serve persuasive purposes, and are usually relied upon where no primary source is available or applicable.

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A. The way/ways a person may practice law in Nigeria.

B. Any four restrictions to the right to practice law in Nigeria.

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A.

In the case of Mohammed v. M. E. O. Co. Ltd. (2010), the Supreme Court while giving credence to section 2 of the LPA, section 24 LPA (the interpretation section), stated that a legal practitioner is a person entitled to practice law either as a barrister or as barrister and solicitor either generally or for the purpose of any particular office.

The practice of law is statutory in Nigeria. Section 2 of the Legal Practitioners' Act cap. L11 Laws of the Federation of Nigeria 2004 provides for three ways a person may practice law in Nigeria:

Section 2(1) provides for Enrollment. For a person to practice in Nigeria, his name must be on Roll of the Supreme Court of Nigeria.

There are three conditions for enrollment as provided by section 4(a), (b), (c) of the LPA.

(A) he must produce a qualifying certificate from the Council Legal Education.

(B) he must be a citizen of Nigeria.

(C) he must be of a good character. Fit and proper.

Section 2(2) provides for practice by Warrant under the hand of the Attorney-General of the Federation. Awolowo v. Federal Minister of Internal Affairs (1962) LLR 117. The plaintiff was charged with treason. He invited an English lawyer, E. F. N Gratiaen Q. C to represent him. Mr Gratiaen sought and obtained the warrant of the Attorney-General of the Federation; however, he did meet the requirements of the Immigration Service to be granted entrance into the country.

Section 2(3) provides that one can practice by virtue of office held. However, this was practiced when lawyers were few in Nigeria. The position has changed now.

Currently, those who can practice by virtue of their office include but are not limited to the following:

1. Entitlement to the Practice as Barrister and Solicitor (Federal Officers) Order 1992.

2. Entitlement to the Practice as Barrister and Solicitor (National Assembly) (Legal Practitioners) Order 1995.

3. Entitlement to the Practice as Barrister and Solicitor (Federal Housing Authority) (Legal Practitioners) Order 1995.

4. Entitlement to the Practice as Barrister and Solicitor (Federal Road Safety Commission) (Legal Practitioners) Order 1997.

In conclusion, it is necessary to have statutory backing the right to practice law in Nigeria so as to prevent crooks from invading the profession.

B.

Restrictions on the right to practice law in Nigeria:

Law practice is not sacrosanct or absolute in Nigeria. There are some inhibitions to legal practice in Nigeria. Four of which are:

1. Section 5(8) states that senior advocates can only practice as barristers (advocates). They may only practice as solicitors with another legal practitioner who is not a SAN.

2. Rule 7(2) of Rules of Professional Conduct for Legal Practitioners, 2007, states "A lawyer shall not while practicing as a legal practitioner also practice in any business or trade like sake or purchase of commodity, a commission agent or ship handler or any other business or trade which the General Bar Council may from time to time declare incompatible."

3. Section 292(2) of the 1999 Constitution prohibits retired judicial officers from legal practice. Section 318 of CFRN defines judicial officers. Judges of Area, Magistrate, Sharia and Customary courts are not included. Retired judicial officers may however serve as consultants to law firms.

4. Rule 45(b) RPC 2007 prohibits a lawyer when conducting his own case from wearing his professional attire. Gani Fawehinmi v. Nigerian Bar Association (1989).

5. Rule 8(2) RPC 2007, prohibits a legal practitioner who is in the employment of an organization from preparing, signing, or franking documents while in such documents. Rule 8(3) prohibits a director of a registered company who is a lawyer from appearing in court on behalf of the company. Rule 8(4) provides that a lawyer in full-paid employment may represent his employer only as an officer or an agent but not as a legal practitioner.

6. Rule 9(2) of RPC and section 8(2) of LPA prohibits a lawyer who has not paid his Bar Practicing Fees from appearing and conducting his case in court. He cannot prepare, sign or frank a document. The fees should be paid on or before 31st of March annually.

7. Section 10(1) LPA seal and stamp. A lawyer in his capacity as lawyer whether in private practice or in government office, shall not sign or file a legal document without a stamp.

Bello Sarkin Yaki & Anor. V. Atiku Abubakar Bagudu 2015, Supreme Court, a document filed by a lawyer that did not have on it a seal and stamp approved by the NBA within the purview of Rule 10(1) of the RPC shall be deemed not to have been properly signed or filed.

Woke Ezenwo Nyesom v. Hon Dr Dakuku Adol Peterside & Ors. (2016), the Supreme Court referred to the case above with regard to lack of seal and stamp on a petition. The issue was raised too late in the case acknowledging the defect would vitiate the petition and therefore, amount to enthroning technicality at the expense of substantial justice.

In conclusion, restrictions to the right to practice law is pertinent because it regulates the professional conduct.

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A. What body/bodies is/are responsible for discipline in the legal profession in Nigeria?

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The legal profession like any other profession has rights and duties. Right and duties are two sides of the same coin. The profession bestows certain privileges and also creates duties in the form of codes of conduct.

The body responsible for discipline in the legal profession in Nigeria is provided for by the Legal Practitioners' Act.

Section 11(1) LPA, the Legal Practitioners' Disciplinary Committee is created. The LPDC consist of the Honorable Attorney-General of the Federation as chairman, the States Attorneys-General and 12 Legal Practitioners with no less than 10 years post call experience appointed by the Body of Benchers upon nomination by the NBA. Members of the public and members of the legal profession may send petitions and complaints to LPDC against the conduct of any legal practitioner.

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B. What directions/decisions may the body/bodies responsible for discipline in the legal profession in Nigeria make against an erring legal practitioner?

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Any conduct which is considered as infamous to the legal profession is termed professional misconduct.

The LPDC may, depending on the severity of the allegations brought against a legal practitioner and its findings, make any of these directions/decisions:

Rule 1 of the LPDC 2007: "A lawyer shall uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct, and shall not engage in any conduct which is unbecoming of a legal practitioner."

Rule 30 RPC: "A lawyer is an officer of the court and accordingly, he shall not do any act or conduct himself in any manner that may obstruct, delay or adversely affect the administration of justice."

Alhaji Rauf Abdul Tijani & Anor. V. First Bank of Nigeria PLC (2014), the Supreme Court held, Law practice is a very serious business that is to be undertaken by serious minded practitioners particularly as both legally trained minds and not so trained always learn from examples. There is therefore need to maintain the very high standard required in the practice of the profession in the country.

1. Section 12(1)(c)(I) LPA the name of the legal practitioner be struck off the roll of the Supreme Court.

2. Section 12(1)(c)(ii) the legal practitioner be suspended for a particular period of time e.g N. B. A v. Ohioma, where the respondent was suspended from practice for a period of two years.

3. Section 12(1)(c)(iii) the legal practitioner be cautioned and admonished against such misconduct.

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C. What step/steps may a person take against the directions/decisions of the body/bodies responsible for discipline in the legal profession in Nigeria?

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Section 13 of the LPA vests the powers to hear appeals from the directions/decisions of the LPDC from dissatisfied indicted lawyers on the Supreme Court. They may uphold the directions/decisions of the LPDC or set it aside.

Section 14(1) LPA provides that a lawyer whose name has been struck off the roll of the Supreme court or has been suspended for a particular period may apply to the Supreme Court for the restoration of his name or lifting of his suspension.

Re: Abuah.

A legal practitioner may apply to the Supreme Court to have his name restored on the roll or his suspension lifted if it was made at the instance of the Chief Justice of Nigeria or the Supreme Court.

For a legal practitioner to have his name restored on the roll or his suspension lifted, he must show proof of penitence and remorse by despising to an affidavit of changed conduct.

The LPDC and the Supreme Court are guided by the principles of natural justice in their procedures.

Most petitions are routed through the local branch of the NBA where the legal practitioner carries on his practice.

In conclusion, the legal profession accords legal practitioners much prestige; therefore, it would careless of the profession not to establish strict disciplinary actions if not the privileges accorded legal practitioners would be abused. Like the saying goes, "to whom much is given, much is equally expected."

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SAN

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Section 5(1) LPA creates the rank of SAN.

Section 5(3) LPA establishes the body known as Legal Practitioners Privileges Committee which is saddled with the responsibility of conferring the rank of SAN to deserving members of the NBA.

To aid and perform its responsibility, the LPPC provides guidelines to be followed by lawyers interested in being conferred with the rank of SAN hence, Guidelines for the Conferment of the rank of SAN 2018 made on the 31st August, 2018. The guidelines which were first enacted in 2007 are revised regularly to ensure it meets current standards.

For a person to be eligible for the conferment of the rank of the senior advocate of Nigeria, he/she not only has to be ten years postcall but in active practice or in the academics.

A. Qualifications:

To be entitled to the rank of the senior advocate of Nigeria, a legal practitioner must satisfy the following conditions:

1. He must be at least 10 years post call.

2. Demonstrate high professional and personal integrity.

3. Honest and straightforward in all his professional and personal dealings.

B. Procedure:

The following procedure is followed by the applicant:

1. A call for application made by the LPPC not later than 1st November or any other date directed by the LPPC.

2. An application responded by a legal practitioner is to be submitted not later than 31st January of the succeeding year.

C. Documents:

The following documents are required by the LPPC:

1. The application form with all the required documents attached thereto.

2. Evidence of payment of the nonrefundable 600000.

3. Evidence of payment of person income tax of the legal practitioner as at when due at three years preceding the application.

4. Evidence of payment of Bar Practicing Fee as at when due for at least 10 years consecutively preceding the application.

It is worthy of not that, When the list of the second filter is published, the candidates are invited for an oral interview. The LPPC then sends delegation to inspect the law office of each successful candidate in second filter. Standard materials, books law reports, office equipment, support staff, number of junior lawyers at least 5, first aid kits, fire extinguishers, gadgets. However, the LPPC makes it point of duty to notify unsuccessful candidates of their shortcomings. The decision of the LPPC is not subject to court action. 5. Integrity -20

Opinion of judges- 20

General knowledge of law-25

Contribution to development of law-10

Leadership qualities in the profession-10

Qualities of law office/ library-15.

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Award of SAN to academics

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1. At least ten years post call

2. Sound character

3. Fill and submit an application form within the time frame required.

4. Payment of nonrefundable 600000

5. Provide valid evidence of tax payment pay as you earn for a period of 3 years preceding the application.

6. 15 copies of published works on contemporary legal issues of significance.

7. Evidence of supervision of students, mentorship and leadership qualities along with the application form.

8. References of at least 3 professors of law- not less than ten years experience as professor and resident in Nigeria.

9. Evidence of payment of National Practicing Fee consistently as at when due and local Bar dues 5 years preceding the application.

Note:The LPPC has an academic subcommittee which handles applications from academics. Academics are not subjected to law office inspection. Academics are not required to provide particulars of cases contested and the CTCs of the judgments. The conditions of providing legal practitioners led by an applicant or with whom he had contested cases is not applicable to academics.

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Transition of Customary law.

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Customary law is defined by Section 258(1) of the Evidence Act, 2011: a rule which in a particular district has from long usage obtained the force of law.

Suleiman Ismaila Nchi in Nigerian Law Dictionary, new edn. P. 168: A rule of conduct of long usage considered as obligatory by those who practice it or in the society in which it is widely practiced.

Niki Tobi, JSC: the customs, rules and traditions which govern the relationship of members of a community.

In Owoniyi v. Omotosho (1961), Bairamian FJ, held that, Customary law is "A mirror of accepted usage, among a given people".

Customary law is any rule practiced by a particular people who regard same as binding on them and which has acquired the force of law. Customary law consists of the customs accepted by members of a community as binding on them.

Transition of Custom from a secondary source of law to a primary source of law: This takes two forms:

1. When sections 16, 17, and 18 of the Evidence Act, 2011 come into play.This happens when a custom is judicially noticed once by a superior court of record as provided by sections 16(1) and 17 of the Evidence Act, 2011. Or the custom is proved in court by section 18(1) Evidence Act, 2011. And the custom is not contrary to public policy by section 18(2) Evidence Act, 2011.Or not repugnant to natural justice, equity and good conscience by section 18(3) Evidence Act, 2011.

2. When a custom is enacted into law or codified by the law making body. Aspects of the customs sought to be enacted into laws which incompatible with the Constitution, not in accordance with natural justice, equity and good conscience as stated in section 18(3) of the Evidence Act, 2011, are removed from the custom.

In summary, it follows from all the above that customary law, as far as it passes the validity tests, is a veritable source of law in Nigeria.

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Guidelines for legal writing

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Is an art of articulating a position in a manner which communicates the lawyer's intention and desire. Legal writing is employed by a lawyer as a solicitor in drafting letters, memoranda, opinions, corporate correspondences and as a barrister, advocate in brief writing and written addresses.

Consolidated Contractors (Oil and Gas) Company S. A. L. V. Mr. Munib Masiri (2011), the Supreme Court held,By their training, counsel are taught to be careful in legal drafting. This is so because a word wrongly used is capable of changing the fortune of the party for whom the word is used. In the instant case, the learned counsel for the appellant stated at page 4 line 15 of his brief of argument that the sole issue raised by him is "incompetent" if it is a slip it is a very expensive one.

Guidelines to Legal writing

1. Have a good grasp of the English language.

2. Always use short sentences.

3. Write sequentially, let the ideas have a flow.

4. Employ the use of rhetoric and logic.

5. Use footnotes in indicating references.

6. Use definition clauses where necessary e.g hereinafter called, whom we refer to as, etc. To avoid undue repetition..

7. Always use the active voice and not the passive one e.g our client gave the sum of one million naira to your client(passive).Your client received the sum of one million naira from our client (active)

8. Let the work have a discernible structure e.g introduction, body and conclusion.

9. Use the conventional referencing patterns or techniques that are acceptable.

10. Avoid the use of superfluous words, phrases and expressions.

11. Avoid copious quotations.

12. Avoid legal jargons and expressions as much as possible.

13. Always use legal courtesy to the judge or a colleague when writing a brief of argument or written address.

14. State your demand or demands clearly in a letter of demand.

15. Observe proper computation of time where time is of the essence.

16. Always make addresses are correct and clear.

17. Avoid use of slangs, colloquial expressions and obsolete expressions/words.

18. Always know the dictionary meanings of words before using them in writing.

19. Avoid the use if social media expressions and abbreviations.

20. Let your comment on legal authorities be in tandem with the facts contained in the court process or pleaded.

In conclusion, writing is a very revered skill in legal practice, if one seeks to become distinguished in the legal profession, one has to learn the ropes and master the skill.

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Citation signals

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Citation Signals:

These are referencing tools used in legal writing.

Legal referencing is unique from the natural sciences, social sciences, arts and humanities.

1. Infra:

Below or appearing below. It points the reader what to expect and where it is located.

E.g in the course of this work, we shall discuss human right(infra, chapter 5).

2. Supra:

Above or appearing above. Mostly used for cases and statutes, it points the reader to what has already been referenced or cited previously. For instance,

Constitution of the Federal Republic of Nigeria, 1999 (as amended)

............................

............... . .........

Constitution of the Federal Republic of Nigeria (supra)

3. Ibidem(ibid):

Used to indicate a previously cited material or source where no material has intervened. For instance,

Malemi Ese, The Nigerian Legal Method (Lagos: Princeton publishing ltd. 2012) 201.

Ibid.

Ibid, 220.

Loco Citato(loc. Cit.):

Used to refer to a material previously cited on the same page after other materials have intervened. E.g

J. Nnamdi Aduba, Key Issues in Constitutional Law in Nigeria, (Abuja: NIALS) 100.

Garner, B. A. et al. The Black's Law Dictionary 10th edition (USA: West Reuter Co.) 3228J.

Nnamdi Aduba, Loc. Cit.

Opera Citato or Opere Citato(op. Cit.):

Used to refer to a material previously cited but on a different page where other materials have intervened. For instance:

Agomo, C.K. The Nigerian Law of Employment (Lagos: Creative Minds Press, 2011) 52

...........................................

........................................

Agomo, C. K. The Nigerian Law of Employment, op. cit. 83.

Law Referencing is done via footnotes not endnotes.Footnotes are numbered consecutively and are automatically inserted while typing. Most publication outlets have their peculiar demands which a legal writer should adhere to.

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Reasons for legal research

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King George III of England (1760-1820), "Lawyers do not know more law than other people but they know where to find it." This is the whole essence of legal research. Good legal research leads to good legal writing and advocacy.

Legal research is the process of diligent careful and thorough investigation, discovery, seeking, documentation and articulation of legal thougjts, ideas, concepts, topics, etc into a body of knowledge. It is the systematic and orderly revelation of different aspects of the law which at the moment seem sketchy, bare, rare or even non existent.

. Reasons for legal research:

1. To find out applicable statutory provisions and judicial precedent on certain legal principles.

2. To locate relevant statutory provisions and judicial precedent on an area of interest.

3. To examine statutes as currently constituted with a view towards identifying possible lacuna therein.

4. To access and evaluate the impact of statutory provisions in the society.

5. To discover and test old statutes vis-à-vis new developments.

6. To promote legal writing and advocacy.

7. To articulate a position in form of an argument in court, a memoranda or legal opinion, etc.

In conclusion, our laws are not perfect, there may probably be no need for research. Research is essential for the continuous development of the law towards the achievement of its objectives.

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SAN in active practice

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Contents of the application:

1. A list of at least 10 judges of superior courts before whom he had appeared and contested cases.

2. Provide at least 6 legal practitioners with whom he had led or against whom he had appeared in contested cases of significance.

3. Provide particulars and details of contested cases which he believes are significant. Certified true copies of the judgments must be annexed.

4. Provide particulars of cases contested as follows:

8 judgements of the HC.

6 judgements of the CA

3 judgements of the SC

Pay non refundable fee of 600,000 naira.

Upon the submission of the application form together with the required documents, the LPPC carries out the first filter.

Successful candidates are to 200,000 naira for Processing Conferment Fee.

The LPPC carries out the second filter where it evaluates the confidential report of the applicant.

The list of successful candidates is sent to the National Secretariat of the NBA. All chief judges of states and FCT, all justices of the CA and all justices of the SC.

Any complaint on a candidate is sent to the LPPC at its office within the Supreme Court complex.

Particulars of a recent case where the applicant was involved in or one in which he is currently engaged in.