Increase in Cases of Impersonation of Lawyers in Nigeria: Making Case for Reforms

  • Olajumoke Shaeeb Nigerian Law School
  • Ileola Adesina Nigerian Law School
  • Omoniyi Bukola Akinola, PhD Nigerian Law School
Keywords: Legal Practice, Impersonation, Menace, Reforms
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Abstract

Lawyering and legal practice require proper certification by the regulatory bodies in the legal profession in line with extant legislations. It is getting worrisome to see persons not called to the Bar rendering services to undiscerning clients, albeit illegally. The vice of impersonation is on the increase within the Nigerian legal market. Cases of fake lawyers across the Nigerian legal hemisphere are being reported almost on a monthly basis. This paper reconciles the extant provisions dealing with the impersonation of lawyers in Nigeria by virtue of section 22 of the Legal Practitioners Act 2004. It further examines contemporary impersonation practices in other jurisdictions and the Nigerian Legal market. The paper ends with suggested reforms such as a review of the provisions of extant statutes in this respect and a call for other socio-legal alternatives towards curbing the menace

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References

Statutes

Section 17 of the Legal Practitioners Act No 33 of 1962

Section 8 Legal Practitioners Act Cap L11 LFN 2004

Section 22 Legal Practitioners Act Cap L11 LFN 2004

Section 24 Legal Practitioners Act Cap L 11 LFN 2004

Rule 3 Rules of professional conduct 2007

Section 484 Criminal Code Act Cap C38 LFN 2004

Section 179 of the Penal Code Law Cap P LFN 2004

Section 83 South African Attorneys Act No 53 of 1979

Part I.1, Section 26 of the Law Society Act RSO 1990

Section 26.2 (1) of the Law Society Act RSO 1990

Case law

Auchi Polytechnic V. Okuoghae ( 2005) 10 NWLR (Pt 933) 279.

Commissioner of Police V. Emmanuel Ojo MI/425c/2017 unreported case in Oyo State

Foreign case law

The Law Society of Ontario vs Kopyto Harry (Court File No: CV – 19 – 617826 – 0000

Law Dictionaries

Hornby A. S., Oxford Advanced Learner’s Dictionary, Oxford University Press New 9th Edition, (2015), p. 788

Merriam – Webster Online Dictionary of English.

Electronic Sources

https://lso.ca/protecting-the-public/taking-action-against-illegal-practitioners Accessed 24 July 2020

https://www.vanguardngr.com July 23, 2020. Fake lawyer bags 3 years imprisonment in Ogun State, Nigeria.

https://thenigerialawyer.com/nba-aba-apprehends-alleged-fake-lawyer-iheanacho-emenike-practicing-in-a-known-law-firm/ Accessed 22 September 2020

https://thenigerialawyer.com/nba-aba-apprehends-alleged-fake-lawyer-iheanacho-emenike-practicing-in-a-known-law-firm/ Accessed 22 September 2020

https://thenationonlineng.net/lawyer-jailed-nine-years-impersonation/

https://www.vanguardngr.com/2020/02/fake-lawyer-arrested-in-court-while-representing-clients/

https://thenigerialawyer.com/police-finally-arraigns-fake-lawyer-adekunle-adegboye-for-impersonation-granted-bail/

https://www.bbc.com/news/world-africa-43002700

https://guardian.ng/news/man-bags-nine-years-jail-term-for-faking-as-a-lawyer/

https://ex-rate.com accessed 15 July 2020

https://www.ohchr.org/EN/ProfessionalInterest/Pages/RoleOfLawyers.aspx accessed on the 27 July 2020

Published
2 March, 2023
How to Cite
Shaeeb, O., Adesina, I., & Akinola, O. (2023). Increase in Cases of Impersonation of Lawyers in Nigeria: Making Case for Reforms. East African Journal of Law and Ethics, 6(1), 1-14. https://doi.org/10.37284/eajle.6.1.1118