THE ROLE OF LEGAL PRACTITIONERS IN PROMOTING STANDARDISATION IN NIGERIA - M.S MAIHAJA

THE FIRST PRIZE WON ESSAY IN THE MAIDEN LAW STUDENTS ASSOCIATION OF NIGERIA’S NATIONAL ESSAY COMPETITION

 SETTLED BY

MAIHAJA MUHAMMAD SULAIMAN

FROM KOGI STATE OF NIGERIA

REPRESENTING

FACULTY OF LAW

BAYERO UNIVERSITY, KANO

ON THE TOPIC;

THE ROLE OF LEGAL PRACTITIONERS IN PROMOTING STANDARDISATION IN NIGERIA

INTRODUCTION

The concept of standardisation[1] is assuming unquantifiable importance in all facet of life, particularly, industrialization and increasing commercialization in Nigerian. This is as a result of new developments in the modern science and technology as well as challenges arising from the competitive nature of international trade. 

Nations, world over, have indeed been compelled to pay greater attention to standerdisation by implementing and developing technical standards based on consensus of different parties; that includes firms, users, interest groups, standard organizations, and the government. In Nigeria, the Nigerian Custom Service, the Immigration, the Nigerian Police, Nigerian Copyrights Commission, National Agency for Food and Drug Administration and Control (NAFDAC), Standard Organisation of Nigeria and many intellectual professionals; particularly legal practitioners play vital and significant roles in so far as implementation and development of standards are concerned. As a matter of fact, legal practitioners can be charactarised as notably responsible for the realization of administration, protection and enforcement of optimum degree of standardization in Nigeria.

THE ROLE OF LEGAL PRACTITIONERS IN PROMOTING STANDARDIZATION IN NIGERIA

Legal practitioners[2] hold imperial influence in the quest to achieve optimum standardization. This appreciates from its reserved responsibilities in the formation, administration, protection and enforcement of regulations and specifications of products for common use.

The influence of legal practitioners can be identified from the exercise of legislative functions establishing the legal framework that ensure industrial/ economic development and promote global competitiveness among domestic manufacturers on the quality of made in Nigerian products. Legal experts are recorgnised to guide, assist and organise enlightenment programs for its committees, legislative bodies and/or parastatals in deliberations, drafting and enactment of legislation that pertain to commercial and business issues of the nation in general.[3] Thus, using these medium, legal practitioners has the authority to deliver qualitative Business Law Services and provide continuing legal education that would promote the concept of standardization in Nigeria. It is primarily to this effect, that, the Section on Business Law (SBL) of the Nigerian Bar Association (NBA) was established.[4]

Furthermore, the influence of a legal practitioner extends to the process of incorporating a company or business; rather put a condition precedent to legally functional company or business. Lawyers are statutorily recorgnised to be engaged in the formation of a company before it can be incorporated.[5] This is meant to ensure formidable reflection of standard and standardized article upon which the company or business is to base and consequently to guarantee the productive objective of the company. In this regard, legal practitioners are ethically bound to observe high standard of professional conduct, and not engage in any conduct which is unbecoming of a legal practitioner.[6] Thus; the lawyer is envisaged to address and resolve conflict of interest provisions; to determine the best interest of his clients, the public, relative authorities and himself before exercising his mandate in the formation of corporate entity.

These qualified personages also steer the ship of determinacy for the protection of rights in Nigeria. The various players in the field of production are endowed with rights which need to be protected exclusively for the interest of the holder of such right. These includes for instance, in the case of intellectual property right, copyright, inventions, know how, trademarks, passing off, business names to mention but a few. Any act which is inconsistent with the Intellectual Property Rights holder is considered an infringement. Thus counterfeiting and piracy are infringements. They kill incentives, discourage invention and development of new products and cause economic and other losses.

In protection of these rights in Nigeria, section 174 of the Constitution of the Federal Republic of Nigeria 1999 empower the Attorney General of the Federation who must be a legal practitioner[7] to institute and undertake criminal proceeding against any power before any court in Nigeria other than a court-marshal in respect of any offence created by or under any act of the National Assembly and to take over and continue any such criminal proceeding that may have been instituted by any other authority or person and to discontinue any such criminal proceeding. This endowment is envisaged to be exercised diligently and in the best interest of the nation.

 Furthermore, lawyers play significant role when engaged to exercise their exclusive right of representation[8] either in favour of the rights holder or in the defense of the alleged infringer. Lawyers are therefore expected to diligently identify the specific cause of action, the court with jurisdiction, the application to make, justifications to put up and prayers to seek to ensure the preservation of the right of his client and to avoid frivolous and ill-motivated applications or ploy to defeat the cause of justice. As officer in the temple of justice, a lawyer’s role when passion are inflamed, when individual is lost in mass, when the majority overrides the minority, is to be defender and conservator of basic rights and serve his client as a combination of an oracle and a comforting shoulder to whip on.[9] In other words, it is worthy to resolve that a legal practitioner in Nigeria serve as a shield in defense of rights and ward off wrong to promote standardisation.

In appreciation of their constructive expertise on the lines, implication of legal instruments and objective legal analysis, legal practitioners have been entrusted to exclusively serve as an umpire in the courts.[10] The scope of this mandate puts on legal practitioners the responsibility of safeguarding the regulations through its enforcement mechanisms and combating the scourge of counterfeit regulated products in the area of sentencing of convicted counterfeiters who get very minimal sentence for committing this grievous offence.[11]

CONCLUSION

In observance of these roles and more, legal practitioners in Nigeria had found it necessary to form themselves into associations for the exchange of ideas and improvement of standards within their specific areas of practice.[12] This choice lead to the emergence of stand-alone groups such as the Association of Business Law Firms, the Maritime Lawyers Association, the Telecommunication Lawyers Association, the Capital Market Solicitors Association to mention but a few. These groups therefore, have largely promote the delivery of qualitative business law services to the public, provided continuing legal education (CLE) for members of the section and stake holders and guide, assist and organise enlightenment programs for stakeholders in deliberations, drafting and enactment of legislation that pertain to commercial and business issues of the nation in general.[13]

Notably, the Supreme court per Belgore noted in Okike v Legal Practitioner Disciplinary Committee[14] that the legal profession is a strategic profession that most not be allowed to go off the rail. The role of legal practitioner as promoter of standardization in Nigeria is strategic and is a mandate which greatly determine the place of Nigeria in the international commerce.

REFERENCES

1. Constitution of the Federal Republic of Nigeria 1999
2. Company and Allied Matters Act Cap 59, LFN 1990; Cap 20, Vol. III, LFN 2004
3. Rules of Professional Conduct For Legal Practitioners
4. Developments in Business Law (series 1) editted by Professor Deji Adekunle et al Published by Legal Blitz Legal consultants (2010) p xxiv
5. Nigerian Bar Association Journal v. 7 No1 August 2011
6. Enforcement of Intellectual Property Rights in Nigeria: The Role of NAFDAC; A paper presented by Professor Dora Akunyili: Former D.G NAFDAC.
7. www.businessdictionary.com
8. Okike v Legal Practitioner Disciplinary Committee

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[1] The process of formulation, publication and implementation of guidelines, rules and specifications for common and repeated use, aimed at achieving optimum degree of order or uniformity in a given context, discipline or field; www.businessdictionary.com

[2] Defined in section 24 LPA; A person entitled in accordance with the provisions of the Act to practice as a barrister or as a barrister solicitor either generally for the purpose of any particular office or proceeding.

[3] Developments in Business Law (series 1) edt Professor Deji Adekunle et al Published by Legal Blitz Legal consultants (2010) p xxiv

[4] Ibid p xxvii

[5] S. 35(3), CAMA, (Cap 59, LFN 1990; Cap 20, Vol. III, LFN 2004)

[6] S. 1 Rules Of Professional Conduct For Legal Practitioners

[7] S.150 (2) CFRN 1999

[8] S. 8(1) LPA, (Cap 207 LFN 1990; Cap L11, Vol. 8, LFN 2004); S. 22 (d) LPA;  S. 36 (6)(d) CFRN 1999;

[9] Nigerian Bar Association Journal v. 7 No1 august 2o11

[10] Superior courts of record; Federal High Courts, State High Court and the Industrial Court (as the case may be) and beyond.

[11] Enforcement of Intellectual Property Rights in Nigeria: the role of NAFDAC; a paper presented by professor Dora Akunyili: former D.G NAFDAC.

[12] Developments in business law:(series 1)edt by professor Deji Adekunle et al published by legal Blitz consultants (2010) p. xxiv

[13] Ibid p.xxiv

[14] (2005) All FWLR (pt.266)@1207

MAIHAJA MUHAMMAD SULAIMAN

is FROM KOGI STATE, NIGERIA.

08067295384