ABOUT US
THE BODY OF BENCHERS
The Body of Benchers is a statutory Body established by the Legal Practitioners Act, 1962 (as amended), Cap. L11 Laws of the Federation of Nigeria, 2004. Section 3 of the Act stipulates that the Body of Benchers is the Legal Body of Practitioners of the highest distinction in the legal profession, which shall be responsible for the formal call to the Bar of persons seeking to become legal practitioners as well as disciplining of erring lawyers.
THE BODY OF BENCHERS
After Nigeria’s independence the Unsworth Commission of Legal Education was constituted by the then Prime Minister Alhaji Abubakar Tafawa Balewa. The major recommendation was then henceforth all Lawyers should attend a mandatory course at the Nigeria Law School as a pre-condition for enrolment at the Supreme Court.
When the Body of Benchers was established, it had 16 members who were known as Foundation Members and were conferred with the state of Life Benchers, with Hon. Justice Adetokunbo Ademola, GCON as the pioneer Chairman of the Body.
The Body of Benchers is a body corporate with perpetual succession and a common seal. This is provided for pursuant to Section 3 (2) of the Act. This means the Body can sue and be sued in its own corporate name.
Being a Body created by an enabling law, the status of the Body as provided under the Legal Practitioners Act is that of an agency of the Federal Government under the Judiciary.
COMPOSITION OF THE BODY OF BENCHERS
The Chief Justice of Nigeria and all the Justices of the Supreme Court;
The President of the Court of Appeal
The Attorney General of the Federation;
The Presiding Justices of the Court of Appeal Divisions;
The Chief Judge of the Federal Capital Territory, Abuja;
The Chief Judge of the Federal High Court;
The Presiding Justices of the Court of Appeal Divisions;
The Chief Judge of the Federal Capital Territory, Abuja;
The Chief Judge of the Federal High Court;
The Chief Judges of the States of the Federation;
The Attorney-General of the States of the Federation;
The President of the Nigerian Bar Association;
The Chairman of the Council of Legal Education;
Thirty Legal Practitioners nominated by the Nigerian Bar Association;
Such Number of persons not exceeding ten, who appear to the Body of Benchers to be eminent members of the Legal Profession in Nigeria of not less than 15 years’ of post-call standing.
Functions of the Body of Benchers
The Body of Benchers performs important statutory, professional and regulatory functions in relation to the Nigerian legal profession.
Call to the Bar
One of the principal functions of the Body of Benchers is the formal Call to the Bar of persons who are qualified and desirous of becoming legal practitioners.
Every person qualified to practise law in Nigeria becomes a legal practitioner by virtue of being called to the Bar by the Body of Benchers and issued a Certificate of Call. This applies to persons who practise as Barristers and Solicitors as well as those who subsequently serve at the Bench as Judges or Magistrates.
Discipline of Lawyers
Another important function of the Body of Benchers is the discipline of legal practitioners who are alleged to have committed professional misconduct.
This responsibility is exercised through the Legal Practitioners Disciplinary Committee (LPDC) of the Body of Benchers.
The Committee considers and determines cases in which it is alleged that a person whose name is on the Roll of Legal Practitioners has misbehaved in his or her capacity as a legal practitioner or is otherwise subject to proceedings under the Legal Practitioners Act.
Regulation and Advisory Role
The Body of Benchers makes regulations aimed at upholding the core values, standards and integrity of the legal profession.
The Body also plays an important advisory role in promoting a harmonious relationship between the Bar and the Bench on matters referred to it concerning the development and advancement of the legal profession.
This important advisory function is discharged through the Elders Committee of the Body of Benchers.
Power to Make Regulations
Section 3(5) of the Legal Practitioners Act empowers the Body of Benchers to make regulations for, among other matters, determining any matter which, in the opinion of the Benchers, requires to be determined.
Establishment of Standing Committees
Pursuant to the powers conferred on the Body of Benchers under Section 3(5) of the Legal Practitioners Act, the Body may, through its regulations, provide for the establishment of Standing Committees from time to time.
These Standing Committees may be established for such purposes and functions as may be determined by the Body of Benchers.
Legal Basis and Responsibilities
The functions of the Body of Benchers are exercised under the provisions of the Legal Practitioners Act and regulations made pursuant to the powers conferred on the Body.
Olorogun Albert Akpomudje, SAN
Life Bencher
Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, GCON
Chief Justice of Nigeria, Life Bencher
Daniel M. Tela, Esq
Bencher