Legal Ethics And Professional Responsibility In Nigeria: Challenges And The Way Forward.

CONTRIBUTOR: ANEKWE ANGELA EKENE

INTRODUCTION

The place of law and the legal profession in the scheme of affairs of nations, persons, and institutions cannot be overemphasised.^[1] Law, and by extension, the legal profession has a central role to play in every sphere of interface amongst nations, persons, and institutions. ^[2]The legal profession has been revered as a “noble profession” entrusted with the responsibility of promoting justice, upholding the rule of law, and safeguarding the rights of citizens. Lawyers are not only advocates for their clients but are officers of the court and integral actors in the administration of justice. The dual role places a heavy burden on practitioners, requiring them to balance their personal interests with their professional obligations to the clients, the court, and society at large.

Over the years, the Nigerian bar has faced increasing scrutiny due to recurring lapses in professional responsibility, ranging from breaches of client confidentiality to unprofessional courtroom behaviour. It is against this backdrop that this article evaluates the framework of legal ethics and professional responsibility in Nigeria. It considers the statutory and institutional instruments that regulate legal practice, highlights persistent challenges undermining the integrity of the Bar, and suggests reforms necessary to restore public confidence in the legal profession.

LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY IN NIGERIA

Over the last decade in Nigeria, societal interest in the ethical aspect of the legal profession has been on the increase. ^[3]The question of protection of the individual client, fellow professional lawyers, courts, and the legal profession itself has become paramount.^[4] There has been lately, a significant increase in the frequency with which litigants have written petitions against lawyers and judges, and in the case of lawyers, with a view to suing them.^[5] Professional misconduct tends to have a profound effect on the way in which law is practised in Nigeria.

Legal ethics and professional responsibility are the bedrock of the legal profession in Nigeria. They regulate how lawyers relate to their clients, colleagues, the courts, and the larger society. Without adherence to ethical standards, the nobility and trust reposed in the legal profession would erode, leaving room for abuse, exploitation, and misconduct. Nigerian Lawyers are primarily guided by statutory provisions, professional codes of conduct, regulatory oversight by the Nigerian Bar Association and the Legal Practitioners Disciplinary Committee (LPDC).

RULES OF PROFESSIONAL CONDUCT FOR LEGAL PRACTITIONERS 2023

The Rules of Professional Conduct for Legal Practitioners 2023 represent the most recent comprehensive framework governing legal practice in Nigeria. They set out obligations relating to honesty, diligence,^[6] confidentiality,^[7] conflict of interest,^[8] candour to the court,^[9] and professional decorum.^[10] Rule 1 emphasises a lawyer’s duty to uphold the rule of law and promote the cause of justice.^[11] The Rules of Professional Conduct prohibit Lawyers from engaging in touting or any form of soliciting for legal work, including improper advertisement. ^[12]It allows only dignified, truthful, and non-misleading notices or publications consistent with professional standards.^[13] Compliance with the RPC is mandatory, and breaches can trigger disciplinary proceedings before the LPDC.

LEGAL PRACTITIONERS ACT 2004

This is the primary statute regulating legal practice in Nigeria. It establishes the Body of Benchers, the NBA, and the LPDC, among others. Section 4 vests the power to admit persons to the Nigerian Bar in the Body of Benchers, while Part V of the Act provides for disciplinary measures against erring practitioners.^[14] The Act, read alongside the RPC, forms the legal foundation of professional responsibility in Nigeria; also, section 11 empowers the LPDC to impose sanctions ranging from reprimand to outright disbarment depending on the gravity of the misconduct.^[15]

GUIDELINES BY THE NIGERIAN BAR ASSOCIATION

The NBA, an umbrella body of all Nigerian lawyers, has issued several guidelines complementing the RPC and LPA. These include directives in corporate social responsibility, gender sensitivity in practice, human rights advocacy, and the minimum standards for law firms. For instance, the NBA has emphasised the ethical use of social media by practitioners, thereby discouraging the posting of sensational courtroom moments or client-related information online.

Through its Continuing Legal Education^[16] (CLE) initiatives, the NBA has also provided periodic training and updates on evolving ethical challenges. In addition, the NBA has established compliance mechanisms through its Institute of Continuing Legal Education (NBA-ICLE) by implementing Mandatory Continuing Professional Development (MCPD) Rules to ensure ongoing competence. Some of these (NBA-ICLE) are currently ongoing and every lawyer is expected to attend and acquire up to 5 CPD points. It is also in the process of developing a comprehensive social media policy to guide legal practitioners in their ethical online conduct. ^[17]Furthermore, through its Section on Legal Practice (NBA-SLP), the NBA has issued guidance on emerging technological issues, including AI, IT implementations, privacy, and cybersecurity, to support responsible, modern lawyering.^[18]

CHALLENGES/RECURRING ETHICAL LAPSES

Despite these frameworks, Nigeria’s legal profession continues to face recurring ethical lapses. Some lawyers engage in sharp practices and prioritize financial gain over professional duty, or collide with litigants to pervert justice. Inadequate enforcement of sanctions and the low pace of disciplinary proceedings further weaken deterrence. Corruption within the justice system also creates an enabling environment for unethical conduct to thrive. There is also a growing concern over sensationalized media conduct by legal practitioners particularly comments or social media posts about pending cases that violate the sub judice rule and undermine the administration of justice. Moreover, the excessive politicization of the judiciary including judicial appointments influenced by political interests, further erodes the independence and ethical standards expected of the profession. ^[19]Other Challenges include:

BREACH OF CLIENT CONFIDENTIALITY^[20]

Lawyers sometimes disclose sensitive client information to third parties, either for personal gain or external pressure.^[21] The Rules of Professional Conduct For legal practitioners (RPC) strictly prohibit lawyers from disclosing or misusing client confidences, except where disclosure is permitted by law, authorized by the client, or necessary to prevent a crime.^[22] The rule enforces the duty of confidentiality as central to the lawyer-client relationship, while allowing limited exceptions in the interest of justice or self-defence. In Nigerian Bar Association v Fawehinmi^[23], the Supreme Court affirmed that communications made between a client and a lawyer in the course of professional employment are privileged and inadmissible in evidence unless the client consents to their disclosure or their disclosure is otherwise required by law.

This position mirrors Rule 19(2) and (3) of the Rules of Professional Conduct, which prohibits lawyers from disclosing or misusing client confidences. The Court in Mekwunye v Carnation Registrars Ltd speaks specifically on the nature of the counsel-client relationship. The Court held that the relationship between a lawyer and their client is sacred and grounded in trust and confidentiality. A legal practitioner is professionally bound not to disclose any information or communication received from a client without the client’s consent. This duty of confidentiality is so fundamental that not even a court can compel its breach.

FORUM SHOPPING

This occurs where lawyers deliberately manipulate jurisdictional rules to file cases in courts deemed more favorable to their clients; this is another challenge. A typical example of forum shopping, according to E. Eko JSC, is where the plaintiff institutes a suit in the jurisdiction with a reputation for awarding high damages, disdain for political gimmicks, or filing several similar suits and keeping the one with the preferred Judge.^[24] While strategic advocacy is part of practice, deliberate abuse of jurisdiction undermines judicial efficiency and creates unnecessary delays. Nigerian courts have condemned such practices. In Mailantarki v Tongo Supreme Court held that filing a case in a court without proper jurisdiction to gain an advantageous amount to forum shopping, is an abuse of judicial process and must be discouraged.

UNPROFESSIONAL COURTROOM CONDUCT

Some Nigerian lawyers also fall short in courtroom decorum. Instances of disrespect to judges or the Court are: frivolous adjournment request and shouting with or at opposing counsel. This undermines the dignity of the courts, thereby constituting unprofessional Conduct. The Rules of Professional Conduct for legal practitioners (RPC), particularly rule 31 mandates respect and courtesy towards judicial officers, while rule 32 prohibits deliberate attempts to mislead the court. The case of Okike v LPDC^[25] demonstrates the seriousness with which the Nigerian Courts treat professional misconduct, often upholding sanctions imposed by the LPDC. Such misconduct may attract sanctions ranging from reprimand to suspension or disbarment, reinforcing the importance of maintaining courtroom dignity and the rule of law.

IMPROPER ADVERTISMENT AND TOUTING REMAIN RECURRING LAPSES.

Lawyers are prohibited from soliciting for clients through agents, flashy billboards, or exaggerated claims of competence. Rule 39 of the Rules of Professional Conduct For legal practitioners (RPC) permits only modest announcements, such as a change of address or partnership. Yet many lawyers now exploit social media platforms to indirectly tout their services. Sometimes, bordering on unprofessional self-promotion. This raises new regulatory questions on how to balance visibility in the digital age with ethical standards

ROLE OF LPDC AND NEED FOR CONSISTENT ENFORCEMENT

The Legal Practitioners Disciplinary Committee (LPDC) is the statutory body established under Section 6^[26] of the Legal Practitioners Act (LPA) tasked with investigating and sanctioning unethical conduct. Its decisions are Appealable to the Supreme Court only. LPDC has been pivotal in shaping Nigerian professional responsibility jurisprudence; however, challenges remain in ensuring consistency and timeliness of enforcement. For instance, in Okike v Legal Practitioners Disciplinary Committee,^[27] the court upheld the LPDC’s authority to impose sanctions for professional misconduct, affirming the importance of ethical standards in the legal profession.

Delays in handling petitions and perceived selective justice often undermine public confidence. For the LPDC to fulfill its mandate, it must be isolated from external pressures and be given adequate resources to function efficiently. Transparency and public awareness of disciplinary proceedings are also essential to enhance accountability and trust in the profession. Strengthening the LPDC’s independence and improving procedural timelines will ensure it remains a credible guardian of legal ethics in Nigeria.

WAY FORWARD

The challenges confronting legal ethics and professional responsibility in Nigeria demand urgent and pragmatic reforms. While the Rules of Professional Conduct, the Legal Practitioners Act, and the oversight of the Nigerian Bar Association provide a framework, these mechanisms will remain ineffective without robust implementation and a collective commitment to higher standards. Several approaches can serve as a pathway forward:

Stronger Institutional Accountability: Institutions tasked with discipline, notably the LPDC, must be strengthened. The LPDC’s processes are often criticized as being slow and sometimes inconsistent in sanctioning erring practitioners. Timely hearings and publication of disciplinary outcomes in official reports or the Nigerian Weekly Reports (NWLR) would enhance transparency and Deterrence. Section 11 of the Legal Practitioners Act ^[28]already grants the LPDC authority to discipline lawyers, but consistent enforcement is key to restoring public trust

Integration of Ethics in Legal Education: Law faculties and the Nigerian Law School must place stronger emphasis on legal ethics as examinable courses, not just as peripheral topics. By exposing students early to practical scenarios of ethical dilemmas, such as client confidentiality, conflicts of interest, and improper solicitation. Thereby ensuring law graduates will enter the profession better prepared to uphold its ideals

Leveraging Technology for Regulation: In the digital age, much of legal malpractice occurs in online spaces, particularly through improper advertisement and unprofessional engagement with clients on social media. The monitoring tools to track ethical breaches online and enforce compliance. Further e-filing and case management software can help reduce incentives for forum shopping and delay tactics in litigation

The way forward lies in a multi-pronged approach that strengthens institutions, deepens legal education, promotes mentorship, and leverages technology to uphold the nobility of the legal profession. Only through consistent enforcement and a renewed culture of integrity can the Nigerian Bar reclaim its status as guardian of justice and restore public trust in the legal system.

CONCLUSION

Legal ethics and professional responsibility are the backbone of the Nigerian Legal profession. Although the Legal Practitioners Act 2004, the Rules of Professional Conduct for legal practitioners(RPC), and the oversight of the NBA provide a strong framework, recurring lapses such as breach of confidentiality, forum shopping, and unprofessional conduct continue to erode public trust. Going forward, the bar must prioritize innovative, continuous legal education, institutional accountability, and a culture of integrity. By recommitting to these values, lawyers can restore the integrity of the profession and preserve the noble status as guardians of justice in Nigeria.

RECCOMMENDATION

In light of the challenges confronting ethics and professional responsibility in Nigeria, certain pragmatic steps must be taken to restore public confidence in the profession. Strengthening ethical compliance requires a combined effort of legal institutions, senior practitioners, and young lawyers alike. These include, and are not limited to, Strict enforcement of disciplinary measures; Innovative Continuous Legal Education; Strengthening Institutional Accountability and Mentorship reviews.

REFERENCE

1. Kingsley Adeyi Omengala & Iniye Linda Iyaye Ikimi, ‘PROFESSIONAL RESPONSIBILITY AND ETHICAL OBLIGATION OF LAWYERS IN A GLOBAL PANDEMIC: CASE STUDY OF COVID-19 PANDEMIC – ISSUES AND CHALLENGES’ (2022), Vol.8, No.5, JOURNAL OF LEGAL STUDIES AND RESEARCH,p.125, https://thelawbrigade.com/wp-content/uploads/2022/11/Kingsley-Iniye-JLSR.pdf accessed 21 August, 2025. ↑
2. Ibid. ↑
3. Ibrahim Abdullahi,’ ETHICS, RULES OF PROFESSIONAL CONDUCT AND DISCIPLINE OF LAWYERS IN NIGERIA: AN OVERVIEW’ (2023) https://www.aarcentre.com/ojs3/index.php/jaash/article/view/90/304 accessed 21 August, 2025. ↑
4. Ibid. ↑
5. Ibid. ↑
6. See Rule 16 Rules of Professional Conduct, 2023 ↑
7. Rule 19, RPC,2023. ↑
8. Ibid, 17 ↑
9. Ibid, 30-38 ↑
10. Ibid, 36 ↑
11. Ibid,1. ↑
12. Ibid, 39 ↑
13. See generally, Rules 39-47 ↑
14. Section 4 Legal Practitioners Act, LFN, 2004. ↑
15. Section 11, LPA ↑
16. Rule 11, RPC 2023. ↑
17. Nigerian Bar Association Institute of Continuing Legal Education,, NBA Launches MCPD Rules 2025 (NBA Blog,15 March 2025) https://blog.nigeranbar.org.ng/2025/03/15/nigerian-bar-association-introduces-mandatory-continuing-professional-developmnet-rules accessed 21 August 2025 ↑
18. Eze J,NBA to Introduce Social Media Policy for Lawyers to Ensure Ethical Online Conduct (Barristers.ng,29 November 2024) https://barristers.ng/2024/11/29/nba-to-intriduce-social-media-policy-for-lawyers-to-ensure-ethical-online-conduct accessed 21 August 2025 ↑
19. Dr Michael Tidi Legal Ethics: Media Trials and Judicial Defiance (Vanguard News,30 March 2025) https://www.vanguardngr.com/2025/03/legal-ethics-media-trials-and-judicial-defiance accessed 21 August 2025. ↑
20. Rule 19, RPC, 2023. ↑
21. Ibid. ↑
22. Ibid, 19(2) & (3) ↑
23. (1989)4 SC (Pt.I) 63 at 111, per Agbaje JSC, ↑
24. Mailantarki v Tongo (2017) SC,Suit No.SC.792/2015, delivered on the 2 June 2017<https://www.hbriefs.com/sc/mailantarki-v-tongo-2017-sc> Accessed 21 August 2025 ↑
25. (2005) 15nwlr (pt 949)471 ↑
26. Legal Practitioners Act Cap L11, laws of the Federation of Nigeria 2004,s ↑
27. (2005) 15 NWLR (Pt. 949) 471 (SC), ↑
28. SECTION 11 OF THE Legal Practitioners ACT, Cap L11,LFN 2004 ↑