By outdoor-nature-child.com As Justice Kudirat Kekere-Ekun embraces her new role as the Chief Justice of Nigeria, many in the legal community are optimistic that she will initiate much-needed reforms to the selection process for the Senior Advocate of Nigeria (SAN) title. This prestigious designation, granted by the Legal Practitioners’ Privileges Committee (LPPC), honors lawyers who have distinguished themselves as advocates and scholars. Not long ago, Justice Kekere-Ekun administered the oath of office to 87 lawyers who received this esteemed recognition.
The SAN title comes with various privileges, including reserved seating in court and preferential treatment for case hearings. SANs are easily recognizable by their unique silk robes, distinguishing them from their peers. However, growing concerns have emerged regarding the new qualifications required to achieve this status, particularly in light of the significant increase in the number of SANs over the past three years, which some believe has compromised the quality of the designation.
In 2022, the LPPC established a non-refundable processing fee of N600,000 for SAN applications, which has since escalated to N1 million. This hike has raised alarms among lawyers, who see it as indicative of the increasing commercialization and politicization surrounding this honorable title, drawing parallels to the UK’s Queen’s Counsel (QC).
Opinions on the SAN title are sharply divided. Some legal professionals argue for its abolition, claiming it fosters inequity among practitioners. Others advocate for increased competition but acknowledge the necessity for reforms to render the selection process more meritocratic.
Many lawyers stress that the award should genuinely reflect integrity and professional competence. Among those who wish to remain anonymous, there have been calls for a reevaluation of the guidelines governing the SAN title, with emphasis on the prohibitively high fees that bar many qualified applicants from consideration. “The N1 million fee is just the beginning; the costs can spiral when the committee audits the applicants’ offices and libraries,” one attendee remarked.
As of 2019, Nigeria boasted 526 SANs; today, that number has exceeded 1,100. Observers express concern that this growth threatens to devalue the title, with some fearing the day may come when the number of SANs surpasses that of regular lawyers.
“The award has been diluted and compromised; it’s losing its value because it’s now obtainable by anyone willing to pay,” a SAN who spoke with THISDAY commented. “If there were a qualifying exam for SANs, would we have such a high number today? In the medical field, for example, there are far fewer specialists due to rigorous testing. But in the case of SANs, there are no such evaluations.”
Even the burgeoning number of SANs has generated unease within the Body of Senior Advocates of Nigeria (BOSAN). Following the LPPC’s 2020 shortlist announcement, BOSAN urged then-Chief Justice Ibrahim Tanko Muhammad to halt any further promotions until 2024, aiming for a comprehensive reform of the selection process. They condemned the elevation of 72 lawyers that year as undermining the system and warned that failure to implement significant changes could erode the rank’s prestige.
Despite these apprehensions, the number of SANs continues to rise. In 2021, the Supreme Court attempted to introduce new barriers for applicants, such as panel interviews with serving and retired justices to verify the claims made in applications. Nevertheless, sources indicate that the selection process remains plagued by favoritism, bribery, and undue influence.
Justice Addu Aboki, a recently retired Supreme Court justice, has called on the Chief Justice and the LPPC to reassess the selection criteria in hopes of alleviating the pressure on courts caused by overambitious lawyers. He highlighted that justices are struggling to evaluate SAN candidates amid an already overloaded court docket.
Currently, applicants must present a minimum of five concluded judgments from the Court of Appeal and four from the Supreme Court. In efforts to meet these requirements, some lawyers are reportedly financing appeals or reviving dormant cases.
In response to these challenges, there are renewed calls to raise the qualification standards to 15 or even 20 years post-call to the bar. In 2022, SAN Ebun-Olu Adegboruwa proposed significant reforms, advocating for a wider array of legal cases to be represented in the selection process. He emphasized that the SAN title should not be restricted to lawyers specializing in election petitions or similarly narrow domains, asserting the need for candidates to showcase a diverse legal practice.
Furthermore, Adegboruwa posited that law educators should be viewed differently from practicing advocates, suggesting that only those actively engaged in the legal practice should qualify for the SAN designation.
As Justice Kekere-Ekun begins her tenure, analysts are keenly observing to see if she can restore integrity and prestige to the SAN selection process, with hopes of revitalizing the diminishing status of this important title.