CAN A SENIOR ADVOCATE OF NIGERIA APPEAR IN A MAGISTRATES' COURT?? The Legal Debate Continues...

There has been a debate in legal circles about whether a Senior Advocate of Nigeria (SAN) can appear in a Magistrates' Court. 🤔 The argument stems from a 2016 Ruling in AG of Lagos State vs. Unknown Persons where a Magistrates' Court allowed a SAN to appear before him. But here is the thing... there is a conflicting decision from the Court of Appeal in Registered Trustees of ECWA Church vs. Ijesha (1999) that says SANs cannot appear in Magistrates' Courts, considering them inferior Courts. 🚫 So, what does the law say? - ⚠️The Senior Advocate of Nigeria (Privileges and Functions) Rules, 2004 clearly state a SAN can only appear in a superior court of record. The Rules define superior courts as those not below the High Court of a State. - ⚠️The 1999 Constitution backs this up, excluding Magistrates' Courts from the definition of superior courts of record, Section 6 (5). - ⚠️By the principle of stare decisis, lower courts are bound by higher court decisions. Meaning, that Magistrates' Court Ruling shouldn't override the Court of Appeal's decision. Importantly, the 2016 Magistrates' Court Ruling was a Ruling and not a judgment, which further weakens its authority in overruling the Court of Appeal's decision. But the Magistrates' Court had reasons for its Ruling: 1️⃣Constitutional right to Counsel of choice (Section 36(5)): If an accused before Magistrates' Court chooses a SAN, why deny them? 2️⃣ Constitution supremacy: The Constitution prevails upon the SAN Rules. If there is inconsistency, the Rules (as well as its principal/enabling law- LPA) take a backseat. 3️⃣ Section 9, Magistrates' Court Law: All lawyers, regardless of rank, can appear before the Magistrates' Court. But, what do you think? Should SANs appear in Magistrates' Courts (including Area Courts/Customary Courts)?

ALTERNATIVE TO THE RANK OF SENIOR ADVOCATE OF NIGERIA (SAN) ON NON-LITIGATION LAWYERS IN NIGERIA.

Non-litigation lawyers in Nigeria now have an alternative to the Senior Advocate of Nigeria, SAN, rank, which is conferred on legal practitioners who are judged to have demonstrated exceptional distinction in legal practice. The SAN rank, conferred on lawyers by the Legal Practitioners’ Privileges Committee, LPPC, is seen as the most prestigious honour in the legal profession in Nigeria. Recipients are lawyers selected for excelling in advocacy, scholarship or public service. In the recent developments, it does appear that the Association of Legislative Drafting and Advocacy Practitioners, ALDRAP, has moved to provide an alternative by announcing that it would confer the title of “Senior Counsel of Nigeria, SCN, and other Blue Silks ranks upon non-litigation Nigerian lawyers”. Dr. Tonye Clinton Jaja, in a statement made on Tuesday, said “At last non-litigation Nigerian lawyers have an alternative to Senior Advocate of Nigeria (SAN) rank,” the statement said. Apart from having Blue Silk as their signature dress, this association has compactmentalised their ranks in three categories – Senior Counsel of Nigeria, SCN, Senior Legislative Counsel of Nigeria, SELCON, and Senior Legal Academic, SLA. They anchored their position on that fact that by virtie of Section 40 p of the 1999 Constititoon of FRN, they are empowered to form their association so long as it is not illegal. Thus according to this association, the Blue Silks rank investiture is a legal, legitimate exercise and enjoys the backing of Section 40 of the Constitution of the Federal Republic of Nigeria, 1999, and the inherent powers to confer ranks upon the members of the Association of Legislative Drafting and Advocacy Practitioners, ALDRAP, an incorporated trustee under the Companies and Allied Matters Act, 2020. Just to test their seriousness, they have gone ahead in law court challenging some ostensible monopolies of NBA in Nigeria among its members. In suit number FHC/ABJ/CS/2547/2025, the Federal High Court, Abuja, is considering an application in which ALDRAP is seeking a perpetual injunction against the NBA to stop meddling in the Blue Silks rank investiture ceremony. In another lawsuit (FHC/ABJ/CS/2594/2025), ALDRAP asked the Federal High Court, Abuja, to order the Nigerian President and the Federal Competition and Consumer Protection Commission, FCCPC, to break the monopoly of the NBA as regards fixing of prices of legal goods and services under Section 88 of the Federal Competition and Consumer Protection Commission Act, 2018. The only perceived problems at the moment are what and where would an elevated member enjoy his privilege since they are non-litigation lawyers? Will there be a venue where the Blue Silk will display their "NON LITIGATION" prowess because the "joy of the SANship is in the Courtroom."