Format: eBook


Author: Bukola Akinola


About the Book


The erosion of ethical values among undergraduates neccessitated the need to have a book of this nature. Of interest to the author is the Code of Conduct for Law Teachers and Notaries. The book civers 17 chapters of very interesting and practical aspects of ethics, justice, corruption, Rule of Law, good governance, morality and its relationship with culture, money laundering, Codes of conduct for judges, lawyers and more interestingly reforms for development of ethics and values in the legal profession. The book analyses the institutional and legal framework for ethical compliance by stakeholders in the legal profession. The social responsibilities of the citizens and the role of lawyers in social engineering are also treated by author. Having written a book on Professional Ethics and Lawyering Skills in line with the Curriculum obtainable at the Nigerian Law School, the author sees this new book as his mild contribution to the teaching of legal Ethics curriculum in the Universities, Researchers will find very interesting comparative legal deductions sieved out in this book for ethical development across the globe. There are suggested reforms for including ethics in the legal profession.



About the Author


The author holds a Doctor of Philosophy in Laws at the Nnamdi Azikiwe University in Awka, Anambra State. Nigeria and qualified at the Nigerian Law School, Bwari, Abuja as a Barrister- at- Law. He worked as a part-time lecturer at Abia state University, Uturu, Abia State. He also worked in private practice before joining the Faculty of the Nigeria Law School in 2007 where he teaches professional Ethics and skills and Corporate Law Practice at te Kano Campus. He is published in several scholarly journals and books. The author is currently the Vice-Chairman of the Nigeria Bar Association, Enugu Branch. The Author is married and blessed with children.



ISBN 978-978-785-133-3





Chapter 1


1 The Concept of Ethics


1 1.1          Ethics


1 1.2          Metaethics


3 1.3          Normative Ethics


4 1.4          Applied Ethics


5 1.4.1 Utilitarianism


6 1.4.2 Consequentialism


11 1.5  Sociological Theory of Ethics


12 1.6             Relativist Theory of Ethics


14 1.7                The Freewill Theory of Ethics


16 1.8                    Business Ethics


Chapter 2


23 The Concept of Legal Ethics


23 2.1Legal Ethics


23 2.2The Legal Framework for Legal Ethics in Nigeria


26 2.3The Legal Practitioner’s Ethics and the


Society 33 2.4The Legal Practitioner’s Etiquette at the Bar


35 2.5          The Legal Practitioner’s Ethics on Corruption Issues




Chapter 3


39 Judicial Ethics


39 3.1      Judicial Ethics


39 3.2       Ethical Obligations of a Judge


39 3.3          Code of Conduct for Judicial Officers in Nigeria 2018


45 3.4        Comparative Review of the Code of Conduct for Judicial Officers: Bangalore Principles as a Case Study




3.4.1 History of the Bangalore Principles of


Judicial Conduct


67 3.4.2 The Principles of the Bangalore Code


75 3.4.2.aValue 1 – Independence of the Judiciary


76 3.4.2.b Value 2 – Impartiality


77 3.4.2.c Value 3 – Integrity


78 3.4.2.d Value 4 – Propriety


79 3.4.2.e Value 5: Equality


82 3.4.2.f Value 6: Competence and Diligence


83 3.5 Qualification for Appointment as a Judicial




85 3.5.1 Chief Justice of Nigeria


85 3.5.2 President and Justices of the Court of Appeal


86 3.5.3 Chief Judge or Judge of a State


86 3.5.4 President of the Customary Court of


87 Appeal of a State


3.6     Disqualification of Judicial officer


3.7          Grounds for Removal of Judicial Officer


3.8          Removal of a Judicial Officer


3.8.1 Removal of Heads of Courts


3.8.2 Removal of Judicial Officers other thanHeads of Courts


3.9      Judicial Corruption


Chapter 4


Morality and Culture


4.1        Morality


4.2       Is Morality Universal?


4.3   The Importance of Morality to the Society


4.4          Conscience


4.5     Morals and Culture






110 The Concept of Justice


110 5.1          Meaning of Justice


110 5.2          Notions of Justice


111 5.3          Retributive Justice


119 5.4          Restorative Justice




Chapter 6


125 Rule of Law And Good Governance


125 6.1          Meaning of Rule of Law


125 6.2          Good Governance


131 6.3          Independence of the Judiciary and Lawyer’s Role




Chapter 7       Ethics, Values and Social Responsibility of a Citizen


7.1      Meaning of Social Responsibility


7.2      Social Responsibility in Business


7.3      National Values



Chapter 8


National Ethics and Integrity Policy


8.1          National Ethics and Integration Policy


Chapter 9

Social Responsibility of a Lawyer


9.1          Social Responsibility of a Lawyer to the State


9.2      The Duty of the Lawyer to the State


9.3      The Lawyer as an Agent of Law Making for the Society


9.4      The Lawyer as an Agent for Social Change




Chapter 10


Legal Aid, Pro-Bono and Access to Justice


10.1 Meaning of Legal Aid


10.2 The Legal Aid Scheme


10.3 An Examination of the Legal Aid Act 2011


10.3.1Establishment of the Legal Aid Council


10.3.2Types of Services rendered by the Legal Aid Council


10.3.3The Legal Aid Fund


10.4 Pro Bono Service


10.5 Access to Justice


10.6 Challenges of Access to Justice in Nigeria




Chapter 11




11.1 Meaning of Corruption


11.2 Brief History of Corruption in Nigeria


11.3 Types and Forms of Corrupt Practices


11.4 Various Anti – Corruption Instruments


11.5 The Challenge of Corruption


11.6 The Role of the Lawyer in tackling Corruption






Chapter 12


Case Law on Ethics and Rules of Professional Conduct


12.1 The Application of Case Laws to Ethics


12.2 Identifying, Reflecting and Resolving


Ethical Problems




Chapter 13


Overview of the Rules of Professional Conduct


for Legal Practitioners


13.1 Duties of a Lawyer to the Client


13.1.1Duty to be dedicated and diligent to the


Client’s Cause


13.1.2Duty to represent Clients within the


Bounds of the Law


13.1.3Duty to disclose Conflict of Interest


13.1.4Exceptions where a Lawyer can act as a




13.1.5Duty to adhere to Agreements reached


with the Client




13.1.6 Duty to preserve Client’s Confidence


13.1.6.a Exceptions to the Confidentiality Rule


13.1.7Duty to take Instructions in Chambers


13.1.7.a Exceptions


13.1.8Duty of act in Good Faith


13.1.9Duty to Accept Brief (The Cab Rank Rule)


13.1.9Duty to Accept Brief (The Cab Rank Rule)


13.1.9.a Exceptions to Duty to Accept Brief


(The Cab Rank Rule)


13.1.9.a.i. Personal interest


13.1.9.a.ii Conflict of interest


13.1.9.a.iii Religious Ground


13.1.9.a.iv. Where the Lawyer is also a Party


in the Proceeding


13.1.9.b Duty to take full Instruction


13.1.9.c Duty to advise frankly


13.2 Duties of Counsel to the Court


13.2.a Duty to Respect the Court


13.2.b Duty to dress properly and neatly


before the Court


13.2.c Duty to avoid Improper Conduct before


the Judge


13.3 Duties of a Lawyer to the Legal




13.3.1 Duty to Pay the Annual Practising Fee


13.3.2 Duty to use the NBA Uniform Stamp


and Seal


13.3.3 Duty to participate in the Continuing Professional            Development Programme                                      13.3.4 Duty to obtain the Annual Practising Certificate                                         259 13.3.5 Notification of Legal Practice


13.3.6 Duty not to aid the Unauthorized


Practice of Law


Chapter 14


Code of Conduct for Law Teachers


14.1 Introduction


14.2 Meaning of Law Teacher


14.3 Appointment of a Law Teacher                               265 14.4 Code of Conduct for Law Teachers


14.5 Duty of the Law Teacher to the


Teaching Profession


14.6 Duty of a Law Teacher to His Students


14.6.1Duty to be disciplined


14.6.2Duty to keep Confidential Information


14.6.3Duty of the Teacher as a Mentor


14.7 Duty of the Teacher to the Society


14.8 Removal of a Law Teacher




Chapter 15


Code of Conduct for Notaries


15.1 Definition of a Notary


15.2 Code of Conduct for Notaries


15.2.1Duty to the Client


15.2.1.a Duty to avoid Conflict of Interest


15.2.1.b Duty to ensure Confidentiality


15.2.1.c Duty of Care


15.2.1.d Duty to be Diligent


15.3 Duty to the Notary Profession


15.4 Duty to the Government and the Society


15.5 Offences under the Notary Public Act




Chapter 16


The Institutional Structure of the Legal Profession


16.1 Nigerian Bar Association


16.2 The Body of Benchers


16.2.1Composition of the Body of Benchers


16.2.2Functions of the Body of Benchers


16.2.3Privileges of Life Members of the Body of Benchers


16.3 General Council of the Bar


16.3.1 Establishment of the General Council of the Bar


16.3.2Composition of the Bar Council


16.3.3Functions of the Bar Council


16.4 National Judicial Council


16.4.1Composition of the National Judicial Council


16.4.2Powers of the National Judicial Council


16.5 Legal       Practitioners       Remuneration Committee


16.5.1Establishment and Composition


16.5.2Powers of the Legal Practitioners


Remuneration Committee


16.6 Legal Practitioners Privileges Committee


16.6.1Composition of the LPPC


16.6.2Functions of the LPPC


16.7 Restrictions on Holders of the Rank of Senior Advocates of Nigeria


16.8 Order of Precedence in the Courtroom


16.9 Legal                  Practitioners         Disciplinary Committee


16.9.1 Composition of LPDC


16.9.2 Functions of the LPDC


16.9.3 Legal        Practitioners         Disciplinary


Committee Rules


16.10 Professional offences in the Legal Profession


16.11 Organs     for     Disciplining     a     Legal Practitioner


16.12 Channels of Complaint against a Legal Practitioner


16.13 Procedure for the Discipline of a Legal Practitioner




Chapter 17


Money Laundering


17.1 Meaning of Money Laundering


17.2 Ingredients of the Offence of Money Laundering


17.3 Legal Framework for combating Money Laundering in Nigeria


17.4 Regulatory and Institutional Framework


for Anti-Money Laundering in Nigeria




Chapter 18


Reform of Legal Ethics in the Legal Profession


18.1 Introduction


18.2 Suggested Reforms for Ethics in the Legal Profession


Bibliography Index Appendix A Appendix B Appendix C


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