A BLUEPRINT FOR SUSTAINABLE UTILIZATION OF CLINICAL LEGAL EDUCATION AS A PANACEA FOR THE REBIRTH OF THE LEGAL PROFESSION IN NIGERIA BY MUHIBUDEEN QOSIM ATANDA

 

Introduction

Legal practice is a profession which is distinguished with 'advocacy' and 'drafting'. Every aspirant to the bar is required to undergo rigorous training on both advocacy and drafting skills. Both are two complementary skills which apply also to non-adjudicatory method of resolving dispute – Alternative Disputes Resolution (ADR) – such as arbitration and mediation as well as, what lawyers do generally.^[[i]]

Clinical Legal Education (CLE) is a significant improvement on the traditional mode of teaching, purely adopted in law faculties. It involves activities [generally referred to as clinical activities], whether accredited or extra-curricular, in which clinicians takes responsibility for legal work for a client in collaboration with a supervisor.^[[ii]] It is, thus, the objective of this short piece to suggest ways that would effect the sustainability of CLE as a means of resuscitating the spirit of legal profession in Nigeria.

Why Clinical Legal Education (CLE)?

The contribution of CLE to the self-development of prospective lawyers cannot be overemphasized. It provides practical aspect of what is being taught in the classroom to law students. It is the utmost belief of the writer that, CLE, if efficiently organized, strategized and managed, will not only ensure learning by experience, but will also improve access to justice as they engage in pro bono services to local and indigent persons.

Towards A Sustainable Clinical Legal Education

It is not a doubt, that quite a number of Nigerian law faculties have established functioning Law Clinic that offers live-client services to the public as part of their training. So, in the view of ensuring and maintaining an effective utilization of CLE for the rebirth of the legal profession in Nigeria, it is suggested that the following steps, if adopted, would yield positive impact:

1. Effective Implementation of CLE in Nigerian Universities

It is trite that the Nigerian law faculties and the Nigerian law school (NLS) constitute the twin institutions that produce ‘lawyers’.^[[iii]] It is believed that, while Nigerian law faculties teach what of law, i.e. the substantive law, NLS teaches how of law – the procedural aspect of the legal practice. Since CLE is purposely to offer law students practical realities of legal practice within the province of legal education, same should be incorporated into law educational system to prepare the students ahead of NLS challenges and subsequent real life challenge.

2. Relevant Curriculum

Another way CLE could be judiciously utilized is by adopting a unified standard curriculum. Nigerian law faculties' designed curriculum should be reformed to accommodate and provide for effective legal practice skills-based programmes and student-centered legal training.^[[iv]]

3. Effective Supervision and Assessment

Not only mere fusion of CLE curriculum into law educational system, both at undergraduate level and the NLS, will suffice the rebirth of Nigerian legal practice, but through a positive attitude of the stakeholders involved and charged towards successful implementation of the desired change. Hence, effective supervision and assessment of CLE activities and operation should be ensured.

4. Administrative Regulations

In addition, effective regulations should be made in respect of CLE administration. Relevant rules and regulations should be incorporated into the Nigerian Legal Education (Consolidated) Act 1962 for ease of administration and uniformity. This would really serve the purpose(s) behind its establishment.

 

Conclusion

In conclusion, CLE functionality cannot be undermined as a means of strengthening the rebirth of the legal practice in our corpus juris. In that respect, it is the opinion of this writer that the above-mentioned suggestions in conjunction with adequate necessary funding, experienced legal practitioners and clinical personnel, stable and predictable academic calendar etc. are effective methods to ensure the sustainability of CLE in the rebirth of the legal profession.

 

Muhibudeen Qosim Atanda is year-two student of law at Faculty of Law, Bayero University, Kano. He can be reached via:

Website: www.qosim.sgm.ng

Email: muhibqosim@gmail.com

Phone No: 09037074761l

 

References

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[i] The Lawyer Portal, 'What is Advocacy?’, available at <https://www.thelawyerportal.com/free-guides/legal-careers-deciding-on-law/what-is-advocacy/> accessed on 12 December 2020.

[ii] Linden Thomas and Nick Johnson, 'The Clinical Legal Education Handbook’, available at <https://humanities-digital-library.org/index.php/hdl/catalog/book/clinical-legal-education>

[iii] Ekundayo A, Hints on Legal Practice, Series 5 (Lagos, Nigerian Institute of Advanced Legal Studies, 1992) P. 19.

[iv] Network of University Legal Aid Institutions, 'Clinical Legal Education Curriculum for Nigerian Universities’ Law Faculties/Clinics', available at <https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.fupp.org.pl/down/Nigerian_Universities_Law_Faculties_Clinics.doc&ved=2ahUKEwiPwdHGr9TtAhWzqHEKHZW0CQIQFjAAegQIARAB&usg=AOvVaw0X5i_Q1ozhqG87kaAXuEPm> accessed on 11 December 2020.