Mr. Adeniji Kazeem SAN, the Former Lagos Attorney General and Commissioner for Justice, in an interview last week had shared his thoughts on some topical issues of significance in the Nigerian Legal Profession.

These issues ranged from the forthcoming Nigerian Bar Association (NBA) National Elections and what is expected of the next leadership of the Bar, the controversies on remote court hearings, remuneration of young lawyers amongst others.

Meanwhile, reacting to the forthcoming NBA general elections and the leadership traits required of the next NBA President, according to him:

“I believe that an aspiring President must possess maturity, humility, wealth of experience, willingness to embrace technology and a vast network of contacts well beyond his immediate practice zone which are usual critical success factors for any endeavor such as this.”

Furthermore, he noted that out of all the Presidential Aspirants, Mr. Dele Adesina, SAN only approached him and he sees him as “eminently qualified” to lead the Bar. According to him:

“I understand that there are four candidates who have indicated interest in being President of the Bar. Out of the current candidates, Mr. Dele Adesina SAN has personally reached out to me to lay out his vision for the Bar if elected.

“He pointed out several of the innovations that were introduced during his tenure as General Secretary of the Bar particularly the creation of sections and the stamp and seal.

“ I found our discussion very enriching and it was clear that he had garnered a lot of the critical key leadership traits from his extensive involvement with the Bar and his practice that clearly would give him a head start should he succeed in his aspiration.

“Based on my interaction with him I have no doubt that he is eminently qualified for the position of President of the Nigerian Bar Association.” He said.

In another development, Mr. Kazeem, SAN, while speaking on the constitutionality of online Court hearing, the learned silk noted that the arguments are unnecessarily proliferated.

According to him:

“By the very nature of the internet, there is nothing in the world we live in now that is more public than information online. Therefore, engaging in lengthy debate over whether virtual proceedings, easily available over the internet, can be considered to be as accessible to the public as a physical courtroom for the purposes of satisfying the principles of open justice under section 36 (3) will, respectfully, only dissipate our energies unnecessarily.”

Meanwhile, the learned silk opined that online Court proceedings are constitutional.

“I am a firm advocate of the use of technology in dispensing justice and I strongly believe that it is an idea whose time has come. The major bone of contention over the legality of remote hearings has been about whether virtual or remote court proceedings meet the requirements of Section 36 (3) of our Constitution, which states that court proceedings shall be held in public.” He said.

“Once the proper infrastructure is installed to ensure that witnesses and suspects are captured and members are able to freely join or view such proceedings, then the requirements of Section 36 (3) will be satisfied.” He added.

Also, the learned silk observed that the concerns raised about how evidence would be taken in virtual court proceedings, preventing teleguide witnesses and the need for the Judge to study the demeanor of witnesses can be feasible in virtual proceedings.

According to him:

“{T}hese are not issues that are insurmountable. What must be kept in mind at all times is that technology is a tool to be used to implement justice and not to supplant it.

“It is only when a tool is put to use and not avoided that challenges in its design can be observed and corrected to suit its purpose.

“In England, for example, the remote access guidelines that were made for the Court of Protection at the height of the Covid-19 pandemic require a minimum bandwidth speed of 1.5 megabytes per second in both directions. At that speed the judge is able to observe proceedings more clearly as if in a physical courtroom.”

He also noted that if this opportunity is not utilized to integrate technological advancement in our judicial system like the virtual Court hearing, then Nigeria would be lagging behind.

“It may also cause us to lose sight of the larger issues involved in integrating technology into the fabric of our judiciary in a sustainable way, such that our court system can match or exceed the advances already taking place in the rest of the world.” He said.

In another development, Mr. Kazeem, SAN noted that the renumeration of young lawyers in Nigeria although meager but must necessarily take into account the income of Law Firms in an ideal context.

“Remuneration of lawyers and indeed the young ones has always been a very emotive issue and there can be a tendency for grandstanding by the uninformed. However, if you run a proper organisation you will know that remuneration figures that have no reference to a Firm’s income and expenditure is unsustainable.” He said.

“Nonetheless a living wage for lawyers and non -lawyers, young or old is very desirable and Law Firms must be formally encouraged to set salaries that are bench marked to a decent standard of living index. I personally take the approach that practising lawyers who are focused on their jobs are endangered species that must be vigorously protected.” He added.

In another development, Mr. Kazeem, SAN while sharing his experience when he was the Attorney General of Lagos State, according to him, he was marveled with the work experience of lawyers in the Ministry contrary to the public perception about government service. According to him:

“My experience in the Attorney General’s Chambers was that of pleasant surprise. I never realised that there were so many talented people in government service. Their experience levels are so deep and varied that I often pondered on the sometime negative public perception of Government lawyers.”

“However, I found out that constant motivation of the staff with the limited resources and opportunities at one’s disposal was key and with that in mind you can achieve a lot. I found my tenure to be a largely wonderful experience working with great people.”

Besides, he advised that the next NBA President should put into plan the welfare of lawyers in the government service. According to him:

“Any aspiring President must ensure that the welfare of the government lawyers including a clear-cut career progression scheme are put on the front burner because these are serious issues that must be addressed by NBA as a pressure group.”

Meanwhile, he commended the NBA under the leadership of Mr. Paul Usoro, SAN however, noting that there is need for a review of the current state of the Legal Profession in Nigeria.

“There is no doubt that the Nigerian Bar needs a constant upward review in the way it does its business but I must say that I have been impressed by the Paul Usoro SAN led NBA executive especially in the area of information dissemination, transparency and accountability. Global best practices on the use of technology and close monitoring and evaluation of law firms including discipline must be stepped up.” He said.

“The various law Firms both big and small are the constituent parts that make up the legal service industry and the NBA as driver must be at the forefront of supporting them to grow and sustain the emoluments and the livelihood they generate for both young and old lawyers.

“Law is a noble profession but it need not be stuffy and archaic so we must have a breath of fresh air. Therefore, a surgical overhaul of our rules, ethics and conduct is overdue and this too must be on the agenda of the new President.” He added.

Furthermore, Mr. Kazeem SAN noted that that the judiciary is underfunded and unnecessarily treated poorly. According to him:

“As a child of the judiciary of some sorts I will always be sympathetic to their plight. The Judiciary is underfunded and over maligned. No doubt there are still unethical practices by a few therein but the majority are dedicated men and women committed to upholding the tenets of justice and they must be robustly supported”

“A situation where the judiciary is constantly being treated as the “poorer” junior brother of the three arms of Government is unacceptable and must be corrected. Happily, Lagos State has always been a leader in the welfare of its judiciary but I am sure there is still room for improvement.” He added.

Finally, he urged that the next leadership of the NBA should rise to the occasion in the quest to champion the cause of the Judiciary.

“The next President must also be a champion of the cause of the judiciary and a strong defender when they cannot speak.” He concluded.