Opinion
The Oracle: Ethics and Discipline in Law: Akin to Waiting for Godot (Pt. 8)
Published
3 years agoon
By
Eric
By Mike Ozekhome
INTRODUCTION
Ethics and discipline are at the core of legal principles and precepts; because law is a set of beliefs and values which society has accepted either formally in written codes or unwritten codes like customs and traditions. In either case, they are norms which are based on what society regards as ethical behavior or best practices applicable in any given context or circumstances. They are usually flouted at the risk of sanctions. This is where discipline comes in. Please, read on.
DISCIPLINE OF LAWYERS
The applicable rules relating to the discipline of lawyers is the Legal Practitioners Disciplinary Committee Rules 2006. The Breach of any of the rules of professional conduct in the legal profession could be held to constitute an infamous conduct in a professional respect. See Rule 55(2), RPC 2007. Suffices however to say that any aggrieved party can write a written complaint against a legal practitioner to any of the following: The Chief of Judge of Nigeria; The Attorney General of the Federation; President, Court of Appeal or presiding Justice of the Court of Appeal; The Chief Judge of the High Court of a State or that of the FCT; The AG of a State; Chairmen, body of Benches; and President, NBA or Chairman of a branch of NBA. See Rule 3(1) LPDC Rules 2006.
PROCEDURE FOR THE DISCIPLINE OF LAWYERS
The procedures for the discipline of lawyers can be summed up as follows: Receipt of a complaint or petition; Any of the persons authorized to receive the petition or complaint shall forward same to the NBA which shall course the complaint to be investigated; Investigation and if a prima facie case is established, the NBA shall forward a report of such a case to the Secretary of the LPDC together and all documents not considered by the NBA and a copy of the complaint; Appointment of a legal practitioner by the NBA to present the case before the committee; Hearing of the case of a party either personally or through a counsel of his choice; On the direction of the Chairman of the Disciplinary Committee, the Secretary shall fix a day of hearing and serve notices to parties (either through personal service registered post or e-mail etc); They must be at least 15 days between the services of hearing notice and the date of hearing; Except where the services is by publication in the newspaper, the secretary is to serve on parties, other than the complainant, both the hearing notice and copies of the report and the complaint prepared by the NBA; Upon proof of service, the committee may proceed to hear and determine the case in the absence of the counsel against whom the complaint was made; An absent party may however within 30 days from the date of the pronouncement of the findings and direction of the committee apply for a re-hearing; If the committee is satisfied that it is just to hear the case, it may grant the application upon such terms as to cost or otherwise; The committee shall hear witnesses and receive documentary evidence such as would assist it in coming to its conclusion regarding the truth or otherwise of the allegations; The provisions of the Evidence Act is to apply to the committee proceedings; At the conclusion of hearing, the committee may call for written addresses; Proceedings and announcement and announcement of the committee decision shall be held in public; If the committee finds that the allegations have not been proved, it shall record its findings; If it finds that the allegations are proved, it may give the following directions:
- a) Order the registrar of the Supreme Court to strike off the legal practitioner’s name;
- b) Suspend the practitioner from practice;
(c) Order the practitioner to refund money or hand over documents in his possession;
(d) Admonish the practitioner,
(e) Directions made by the committee are to be gazette.
It must be stressed here that where the conduct of a legal practitioner is a conduct incompatible with his status as a legal practitioner, then his name cannot be struck off the roll; the appropriate punishment is either suspension or admonition. Where directions are made by the LPDC, an affected legal practitioner has 28 days within which to appeal. The direction shall not be effective save after the 28 days stipulated for an appeal. Where there is no appeal or where there is an appeal but is withdrawn or struck out or dismissed, the directions become effective.
Appeals from the decision of the Legal Practitioners Disciplinary Committee lie to the Supreme Court of Nigeria. The Supreme Court and the Chief Justice also constitute disciplinary authorities.
Where the name of a legal practitioner has been struck off the role or suspended, an application for restoration can be made to the Disciplinary Committee or the Chief Justice or the Supreme Court depending on who ordered the striking off of the name. The following considerations are normally taken:
- The gravity of the offence or offences necessitating the striking off or the suspension order as the case may be;
- Whether there is sufficient evidence of genuine remorse shown by the applicant in the period between the striking off of the name and the submission of the application;
- Whether in all the circumstances of the case, the court is satisfied that the applicant has in the intervening years become a fit and proper person to be incorporated as a member of the legal profession.
COMMON CASES OF PROFESSIONAL MISCONDUCT IN NIGERIA
The list of misconducts that lawyers could be punished for in Nigeria and in different parts of the world is inexhaustible. Such misconducts include advertisement, contempt of court, Solicitor making himself a beneficiary of a will and offering a bribe to a judge. On many occasions, the legal profession has also frowned upon champerty, negligent handling of a client’s case, making extra-judicial statement prejudicial to a pending matter, in-house lawyers engaging in private practice, failure to pay practicing fee, lateness in paying practicing fee, and sundry procedural misconducts as filing frivolous matters.
MEASURES TO CONTROL INDISCIPLINE
- PARTICIPATION OF THE CITIZENS:-
A disciplined citizenry will surely participate in the control of indiscipline in their society. This is a duty of each and every citizen in any society such duties can be performed in a number of ways i.e. by paying out taxes, by refusing to involve ourselves in corrupt or undisciplined activities and practices. It is also our duty to expose any act of indiscipline at societal units of interaction i.e. at home, school or work. A citizen should be hardworking, patriotic, responsible and always ready to defend his/her country at all times. A citizen should accept and cooperates with those leaders that tend to unite them and transcend religious, cultural and ethnic differences. A citizen should liaise with the police in detecting and reporting deviancy and other social problems in society. Such information should be protected and rewarded. If the police and the public relations are more cordial, people will be willing to help in detecting and curtailing indiscipline in society.
- ERADICATION OF POVERTY:–
According to a popular adage ‘”poverty is the root cause of all evils” This becomes more of a problem when it exists side by side with AFFLUENCE. It is the duty of the state to ensure that a greater percentage of its citizenry live above poverty line. Poverty eradication can be done through various means. Budgetary measures which ensures full employment for all, control resources effectively and ensure a sound productive base for the economy. These will help greatly. Fiscal and monetary measures could also be geared towards control of inflation and currency stabilization. Once poverty can be eradicated, the citizenry will be more disciplined, honest and hard working.
- EXEMPLARY LEADERSHIP:-
Leadership by example is the best form of leadership. Once a leader with leadership qualities implements such qualities on his person, he easily and simply transmits them to the followership. As such, an undisciplined leader i.e. corrupt or fraudulent or morally bankrupt will definitely produce a similar followership. A disciplined leadership will not aggravate inequalities in society. Rather, he will cultivate a situation whereby everybody is given equal opportunities in life. A disciplined leadership will neither accept nor condone indiscipline in all aspects of social life. In addition, he should be able to eschew all vices in private and public life including corruption, dishonesty, electoral malpractice like self-succession, ethnic and religious bigotry.
- SOCIAL LEGAL RESPONSES MEASURES:-
As Indiscipline is not so clearly defined as crime in the judicial sense, but a form of deviation from modes and ethic of society, solutions are mainly left to the family and community. As such solutions include: Ensuring stability in the family, adequate/proper socialization, proper adherence to religious tenets, parental and peer group supervisions and controlling the influence of mass media.
- CCT
Code of Conduct Bureau/Tribunal: The Federal Republic of Nigeria, 1979 Constitution, in its sections 15-20 made provision for a Code of Conduct Bureau and a Code Conduct Tribunals. This is an important step towards controlling corruption and indiscipline by making all public officers (from the president, down wards) to declare their personal asserts before their appointment in office or after leaving office. The Code of Conduct Bureau is a body with nine (9) members including a chairman. It’s responsibilities include; to receive declaration by public officer, to retain custody of such declarations, to examine such declaration and to ensure that they comply with the requirements of the code and to receive complaints about non-compliance with or breach of this code and to refer such cases to the Code of Conduct Tribunal where necessary.
The Code of Conduct Tribunal is established by the President and headed by a chairman. The tribunal has the power to try and punish all officers found guilty of contravening any of the provisions of the Code of Conduct Bureau. Punishment range from vacation of an officer’s office, seizure and forfeiture to the state of any property acquired in abuse of or corruption of office. (To be continued).
THOUGHT FOR THE WEEK
“In civilized life, law floats in a sea of ethics.” (Earl Warren).
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By Boma Lilian Braide Esq.
The water remembers. It remembers when we were queens and kings of the creeks, when our voices carried across the rivers like thunder, and when no external force could dictate the terms of our existence.
Today, as a daughter of the Ijaw nation, I look at our political landscape and my heart breaks into a thousand pieces. The recent withdrawal of Pastor Tonye Cole from the political race reopened a wound that never properly healed. I immediately texted him a single, urgent question: “Why?” His response was a resigned, familiar phrase; “It is well.” At that exact moment, my thoughts were screaming so loudly inside my head, “Not again!” It felt like a brutal repetition of an old script. Every single time, without fail, they treat the Ijaw man badly, pushing him out of the room where decisions are made.
This leadership class continually trades our birthright for political crumbs, leaving me with a profound sadness I cannot shake. Every four years, we are forced to watch the same exhausting, predictable cycle play out. We have become the laughing stock of the Nigerian politics. We roar like lions in the morning, only to allow ourselves to be led like sheep to the slaughter house by nightfall. This pattern is not merely a string of tactical errors. It is a structural and psychological condition that has calcified into our political culture. We begin every election season with unparalleled bravery, massive energy, clarity, and a list of demands. We mobilise, we protest, we declare our rights. Yet at the decisive moment we fold. We trade collective power for personal gain. We accept crumbs while the harvest is taken from our lands allowing our leaders to be used as mere pawns, chess pieces, and foot soldiers on a board completely controlled by outsiders.
Call it what it is, a political Stockholm syndrome. When a people are held hostage by extractive systems for generations, they can begin to see the captor as a provider. When political actors poison our rivers, burn our gas, and extract our wealth, then return during elections with token gifts, the damaged political imagination can mistake those gifts for benevolence. A motorcycle, a solar lamp, a bag of rice, or a ten thousand naira note becomes a substitute for structural justice. We applaud the giver and forget the theft.
This is not a partisan indictment. The major parties have all participated in this system. From the coastal edges of Ondo and Edo, through Rivers and Bayelsa, to the riverine communities of Delta and Akwa Ibom, the script is the same. Political machines arrive with cash and spectacle. They leave with votes. They do not stay to build roads, to clean oil spills, to fund health care, or to restore fisheries. They do not invest in education or in the infrastructure that would make our communities resilient. They know they do not have to. They know that the combination of poverty, fragmentation, and short-term survival instincts will deliver the votes they need.
The spectacle in Rivers State is instructive. The conflict between an incumbent and a predecessor is not only a personal rivalry. It is a mirror of a deeper structural problem. An Ijaw son may occupy the governor’s office, but the expectation of loyalty to an external power broker remains. When disagreements arise, the Ijaw polity does not close ranks. Instead, it fractures. Elders, youth groups, and political actors align with different external centres of power. We tear ourselves apart while the larger system remains intact.
Delta State offers another painful example. The region produces a disproportionate share of the oil wealth that sustains the state and the nation. Yet Ijaw communities are routinely relegated to secondary roles in governance. The highest offices are often out of reach. When an Ijaw candidate shows real ambition, the pressure to step down, to accept a consolation prize, or to be bought off intensifies at the last minute. The result is a steady stream of symbolic representation and token appointments that do not translate into structural change.
Even Bayelsa State, our most homogenous political home, has not been immune. The state has been turned into a dependent outpost. Political life there is often conducted under the shadow of Abuja. During elections, communities are militarized. Young people are paid paltry sums to snatch ballot boxes and intimidate their neighbours. The leaders who emerge from such processes rarely prioritize environmental remediation, health care, or education. They prioritize survival within the national political economy.
Why do we accept this? Part of the answer lies in a minority complex that has been cultivated over generations. We have been taught to believe that because we are numerically small and geographically dispersed across several states, we cannot set national terms. That belief is false. Our geographic position along the southern maritime border gives us leverage. Nigeria’s economy cannot function without the peace of our creeks. Yet we negotiate from a position of weakness because we lack a unified, non-partisan political command structure.
Other major ethnic blocs in Nigeria have developed cultural mechanisms that protect collective interests across party lines. They maintain consensus on key strategic questions and punish those who betray the collective. The Ijaw political house, by contrast, is fragmented. We are divided into Western, Central, and Eastern blocs. Internal jealousy and rivalry consume us. When an Ijaw son or daughter rises to prominence, it is sometimes their own people who are recruited to pull them down. This internal sabotage is a major reason we are treated as expendable by national political machines.
Our representatives in national assemblies and federal boards are often the most silent and compliant. They vote for policies that harm our region because they want to protect their personal seats and committee positions. We have forgotten the intellectual foundation of our struggle. Our fathers did not rely on muscle alone. They fought with logic and strategy.
Harold Dappa Biriye used constitutional arguments to demand minority rights during the pre-independence conferences. Isaac Adaka Boro presented a detailed economic manifesto during the twelve-day revolution, exposing the systematic underdevelopment of the Delta. The Kaiama Declaration of 1998 linked environmental justice with true federalism in a way that remains a model for strategic political thinking. Today, that intellectual tradition has been eroded by a culture of thuggery, praise singing, and the pursuit of quick money.
The social and economic costs of our political submission are visible everywhere. Schools sink into the mud. Primary health centres lack basic medicines. Women die in childbirth because there are no functional boats to transport them to urban hospitals. Rivers that once sustained us are coated with crude oil. Gas flares burn day and night, releasing toxins that cause cancers and respiratory diseases. In any functioning democracy, such environmental devastation would provoke electoral punishment. But our people accept ten-thousand naira, wear party uniforms, and return the same leaders to office.
This pattern is not only morally wrong. It is strategically suicidal. The global energy transition is underway. The world is moving away from fossil fuels. In a few decades, crude oil will no longer be the primary driver of the global economy. When that happens, the Nigerian state’s willingness to distribute minor rents, amnesty stipends, and pipeline contracts will evaporate. If we remain politically domesticated and economically dependent, we will be discarded once our resources lose value. We will be left with a ruined environment and a population unprepared for the modern economy.
Breaking this cycle requires a radical transformation of our political behaviour. It requires both immediate reforms and long-term institution building.
First, we must refuse to sell our votes for temporary relief. If politicians bring money during elections, take it because it is a fraction of your stolen wealth, but enter the voting booth and vote fiercely against them if they have not delivered real, systemic progress. The act of taking money and voting against the giver is not a moral ideal. It is a pragmatic tactic that recognizes the reality of survival while asserting political agency.
Second, we must create a culture of community accountability. Any Ijaw politician, elder, or youth leader who sells out the collective interest for personal gain must face social consequences. They should be stripped of traditional honours, excluded from community gatherings, and greeted with public disapproval rather than celebration. The cost of betrayal must be made higher than the reward offered by external actors.
We must also institutionalize our collective strength. The Ijaw nation needs a permanent, non-partisan political and economic council composed of our finest minds. This council should include intellectuals, legal experts, economists, and community builders from across the globe. Its mandate would be to define a multi decade Ijaw National Agenda that transcends party lines. Any Ijaw person entering politics should be bound by that agenda. Any external political force seeking our cooperation should be required to commit to its verifiable execution.
Again, we must build strategic alliances with other coastal minority groups. From Calabar to Badagry, the coastal communities share common interests in environmental protection, maritime economies, and regional development. A unified coastal voting bloc would create a political force that no national party can ignore. Such an alliance would also strengthen bargaining power for federal resource allocation and environmental remediation.
Fifth, we must shift our economic focus from pipelines to the blue marine economy. Our future lies in the ocean. We must invest in community owned industrial fishing fleets, deep sea shipping logistics, local shipbuilding yards, and aquaculture networks. We must develop port infrastructure and maritime training centres. Economic independence is the foundation of political courage. When our communities can fund their own schools, hospitals, and water systems through independent marine enterprises, we will no longer beg for crumbs.
Sixth, we must invest in education and leadership training. Political courage is not loud rhetoric. It is disciplined strategy. We must train a new generation of leaders who understand constitutional law, public finance, environmental science, and international trade. We must teach negotiation skills, coalition building, and institutional design. The Ijaw struggle must be intellectualized and professionalized.
Seventh, we must reclaim our narrative. For too long our story has been told by others. We must document our history, our legal claims, and our environmental evidence. We must use the courts, the media, and international forums to hold polluters and complicit officials accountable. We must turn our lived experience into verifiable claims that can be litigated and publicized.
Finally, we must practice disciplined solidarity. Political unity does not mean uniformity of opinion. It means a shared commitment to core strategic objectives. It means agreeing on red lines that cannot be crossed. It means supporting candidates who commit to the Ijaw National Agenda and sanctioning those who betray it.
The hour is late. The cost of our political naivety is visible in every polluted river, every jobless youth, and every broken promise. We cannot enter another election cycle with the same broken playbook. We must reject transactional politics and demand structural change. We must hold our leaders accountable and refuse to celebrate personal appointments that bring no collective benefit.
We must heal ourselves of this political Stockholm syndrome. We must stop loving the systems that destroy us and begin the difficult work of building lasting political infrastructure. The future of the Ijaw nation depends on our ability to transform our pain into strategic power. The water is watching. The spirits of our ancestors who resisted colonial domination are watching. We must rise, cleanse our minds of dependency, and stand with dignity. The era of last minute surrender must end. The time for strategic, sovereign Ijaw political courage has arrived.
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Opinion
Leadership in Africa: Forging a New Era of Self-Reliance, Unity and Global Relevance (Pt. 3)
Published
1 month agoon
May 23, 2026By
Eric
By Tolulope A. Adegoke
“True leadership in Africa is not the pursuit of power, but the courage to serve — to turn the pain of yesterday into the promise of tomorrow, to bind broken hearts into one destiny, and to raise a continent where every son and daughter can stand tall, not by pulling others down, but by lifting one another higher.” – Tolulope A. Adegoke, PhD
Building upon the foundational principles and practical pathways discussed in Parts 1 and 2, this continuation explores the deeper implementation strategies, institutional reforms, cultural shifts, and long-term vision required to translate African leadership into tangible, sustainable transformation. It addresses the realities on the ground while offering forward-looking, actionable recommendations that can help Africa move from potential to performance on both regional and global stages.
Institutional Reforms as the Backbone of Transformative Leadership
Visionary leadership without strong institutions is like a beautiful dream without a foundation. Africa’s progress depends on building institutions that are resilient, transparent, and people-centred.
Leaders must prioritise civil service reform, judicial independence, and anti-corruption mechanisms that are not only punitive but preventive. For example, Rwanda’s use of performance contracts (imihigo) for public officials has created a culture of accountability and results. Similarly, Ghana’s strong electoral commission and relatively independent judiciary have helped sustain democratic stability. These models show that when institutions are strengthened, leadership becomes less about individual charisma and more about systemic effectiveness.
Regional institutions such as the African Union, ECOWAS, SADC, and the East African Community must also be reformed. They need greater financial autonomy, faster decision-making processes, and clearer enforcement mechanisms. The African Union’s current efforts to reform its Peace and Security Council and operationalise the African Standby Force are steps in the right direction, but they require consistent political will and adequate funding from member states.
Cultural and Mindset Transformation
Leadership that builds Africa must also transform mindsets. Many of the continent’s challenges are rooted in colonial-era thinking, dependency syndromes, and a culture of short-termism.
Progressive leaders should invest in cultural renewal programmes that celebrate African excellence, innovation, and resilience. This includes supporting the creative industries — Nollywood in Nigeria, Afrobeats music, and contemporary African literature — which are already projecting positive African narratives globally. Educational systems must move beyond rote learning to foster critical thinking, ethical reasoning, and entrepreneurial spirit.
Youth leadership development is particularly crucial. With over 60% of Africa’s population under the age of 25, the continent’s future depends on preparing young people not just for jobs, but for leadership. Initiatives like the African Union’s Youth Agenda and national youth service programmes should be expanded and made more impactful.
Economic Transformation and Self-Reliance in Practice
True self-reliance requires deliberate economic restructuring. Leaders must champion value addition in agriculture, mining, and natural resources. Instead of exporting raw cocoa, cotton, or crude oil, African countries should invest in processing facilities that create jobs and capture more value domestically.
The African Continental Free Trade Area (AfCFTA) offers a historic opportunity. When fully implemented, it can boost intra-African trade, reduce dependence on external markets, and create new industries. Leaders who actively remove non-tariff barriers, harmonise standards, and invest in cross-border infrastructure will be remembered as the architects of Africa’s economic renaissance.
Public-private partnerships (PPPs) should be strengthened, with clear frameworks that protect national interests while attracting responsible investment. Countries like Morocco and Ethiopia have shown how strategic industrial policies can attract foreign direct investment while building local capacity.
Global Relevance: Africa as a Solution Provider
Africa must stop seeing itself solely as a recipient of global solutions and begin positioning itself as a contributor. The continent’s vast renewable energy potential, youthful population, and rich biodiversity give it unique advantages in addressing global challenges such as climate change, food security, and digital innovation.
Leaders who understand this will invest in research and development, patent African innovations, and engage confidently in global forums. The success of African pharmaceutical companies during the COVID-19 pandemic and the growth of African tech unicorns demonstrate that the continent can compete and lead when given the right environment.
A Balanced and Hopeful Conclusion
Africa stands at a historic crossroads. The challenges — poverty, inequality, climate vulnerability, and governance gaps — are real and significant. Yet the opportunities — a youthful population, abundant natural resources, cultural richness, and growing regional integration — are even greater.
Leadership remains the decisive variable. When leaders rise above narrow interests to serve the collective good, Africa does not just survive — it thrives and offers the world new models of resilience, innovation, and inclusive growth.
The path forward requires a new covenant: between leaders and citizens, between nations and regions, and between Africa and the global community. This covenant must be rooted in trust, mutual accountability, and shared vision. With the right leadership — courageous, ethical, inclusive, and strategic — Africa can forge a new era of self-reliance, unity, and global relevance.
The question is not whether Africa can rise. The question is whether its leaders, supported by an awakened citizenry, will summon the will, wisdom, and courage to make that rise unstoppable. The world is watching, and history is waiting to record the choices made in this decisive decade.
Africa’s story is still being written. With visionary leadership, it can become one of triumph, dignity, and global excellence.
Dr. Tolulope A. Adegoke, AMBP-UN is a globally recognized scholar-practitioner and thought leader at the nexus of security, governance, and strategic leadership. His mission is dedicated to advancing ethical governance, strategic human capital development, resilient nation building, and global peace. He can be reached via: tolulopeadegoke01@gmail.com, globalstageimpacts@gmail.com
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