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All Journal Lentera Hukum Indonesia Law Reform Journal (ILREJ)
Oyibodoro, Ufuoma Garvin
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Law, Crime, Criminology & Criminal Justice

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Emerging Cases of Professional Misconduct of Legal Practitioners in Nigeria: A Case for Law Reform Ehirim, Ugochukwu Godspower; Oyibodoro, Ufuoma Garvin; Ehirim , Nwanneka Flora
Indonesia Law Reform Journal Vol. 4 No. 3 (2024): November, 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ilrej.v4i3.37916

Abstract

In recent times, the Bar, the Bench, and the general public have been alarmed by the increasing and expansive dimension of misconduct of legal practitioners in Nigeria. This paper takes a critical look at the emerging cases of professional misconduct among lawyers in Nigeria. It sets out with an introductory part that gives an overview of what is considered professional misconduct by a lawyer in Nigeria. The main body of the paper dwells on the statutory regulation of the legal profession with a focus on ethics in legal practice. Some recent cases of professional misconduct of legal practitioners are reviewed leading to the interrogation of the rationale for establishing a case of professional misconduct of a lawyer in Nigeria pointing to the need for a more pragmatic approach. The paper concludes with the position that while the need for a lawyer to remain a light bearer, a leader worthy in learning and character because of the nobility of his calling is inviolate, the thin line between a lawyer’s professional and private life should be identified and respected to contain the expansive cases of misconduct. The point is made that the law which holds every act of a legal practitioner to a standard even where such an act was not done in a professional capacity deserves reformation. Recommendations are proffered to suggest ways of reducing cases of misconduct of lawyers without lowering the standards at the Bar.
Measurement of Quantum of Damages for Wrongful Termination of Employment in Nigeria: Gleaning Lessons from Ghana and Malaysia Abangwu, Nzeribe Ejimnkeonye; Oyibodoro, Ufuoma Garvin; Eyongndi, David Tarh-Akong; Shaba, Sampson; Opara, Faith Nwayemogho
Lentera Hukum Vol. 12 No. 2 (2025): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v12i2.46580

Abstract

In a master-servant employment relationship, when an employee’s employment is wrongfully terminated, the traditional measure of damages upon a successful legal challenge is the amount the employee would have earned during the agreed notice period. However, the National Industrial Court of Nigeria (NICN), empowered by the Constitution (Third Alteration) Act, 2010 to apply international best labour practices and International Labour Organisation (ILO) standards, has departed from this position. This departure was affirmed by the Court of Appeal (CA) in Sahara Energy Resources Ltd. v. Oyebola, where the court held that, in deserving cases, damages exceeding the ordinary notice period can be awarded. This paper utilises an analytical method to examine the impact of this decision on the jurisprudence of damages for wrongful termination in Nigeria. It probes whether the decision permits the NICN to award unpredictable damages that prejudice employers. The paper argues that the decision promotes employment security amidst Nigeria's unprecedentedly high unemployment rate. By examining current legislation and practice in Ghana and Malaysia, this research aims to draw lessons for Nigeria. It concludes that the decision is a welcome development. The paper recommends that the CA, as the final court on labour matters, should sustain this precedent, as it aligns the law with modern realities. Furthermore, the decision should be given statutory backing by amending relevant domestic labour legislation, as is the case in Malaysia and Ghana. Keywords: Dismissal, Ghana, Malaysia, Nigeria, National Industrial Court of Nigeria.
Co-Authors Abangwu, Nzeribe Ejimnkeonye Ehirim , Nwanneka Flora Ehirim, Ugochukwu Godspower Eyongndi, David Tarh-Akong Opara, Faith Nwayemogho Shaba, Sampson