Section 3 of the Legal Practitioners Act: Establishment of Body of Benchers (Nigeria Lawyers)
Citation: Legal Practitioners Act 1975, Chapter L11 (Cap. L11), Laws of the Federation of Nigeria 2004
3. Establishment of Body of Benchers
(1) There shall be a body of legal practitioners of the highest distinction in the legal profession in Nigeria to be known as “the Body of Benchers” which shall be responsible for the formal call to the Bar of persons seeking to become legal practitioners, and which shall consist of the following members, that is —
(a) the Chief Justice of Nigeria and all the Justices of the Supreme Court;
(b) the President of the Court of Appeal;
(c) the Attorney‐General of the Federation;
(d) the Presiding Justices of Court of Appeal Divisions;
(e) the Chief Judge of the Federal High Court;
(f) the Chief Judge of the Federal Capital Territory, Abuja;
(g) the Chief Judges of the States of the Federation;
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(h) the Attorneys‐General of the States of the Federation;
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(i) the President of the Nigerian Bar Association;
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(j) the Chairman of the Council of Legal Education;
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(k) thirty legal practitioners nominated by the Nigerian Bar Association; and
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(l) such number of persons, not exceeding ten, who appear to the Body of Benchers to be eminent members of the legal profession in Nigeria of not less than 15 years’ post‐call standing.
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(2) The Body of Benchers shall be a body corporate with perpetual succession and a common seal.
(3) Except as provided under subsection (4) of this section or by regulations made under subsection (5) of this section, a Bencher shall (unless he previously vacates it) vacate his office as a Bencher if he ceases to be the holder of any office by virtue of which he was appointed a Bencher.
(4) Notwithstanding anything in subsection (3) of this section, the Chief Justice of Nigeria shall hold office as such Bencher for life.
(5) The Benchers may make regulations —
(a) providing for an increase in the membership of the Body of Benchers as set out in subsection (1) of this section and the qualifications for and conditions applicable to such membership;
(b) providing for the tenure of office of Benchers including the conferment of life membership on any Bencher and the circumstances in which any Bencher may become a supernumerary Bencher;
(c) providing for the appointment of persons of distinction in any country as honorary members of the Body of Benchers and the conditions applicable to such appointment;
(d) providing for the composition and quorum of the Benchers for the purpose of the exercise of any of the functions conferred on the Benchers under this Act and for the determining in connection thereto of any matter which, in the opinion of the Benchers, requires to be determined; and
(e) providing, either generally or in respect of any particular case, for the discharge of the functions conferred on the Benchers under this Act.
(6) Any Bencher may in such manner and subject to such procedure as may be prescribed be removed from office for misconduct or on such other ground as the Benchers may, in their discretion, determine to be sufficient.
(7) The Benchers shall meet at such times and places as may be convenient for them and may, in such manner as they think fit, prescribe the procedure for their meetings.
(8) Except as may be provided by regulations made under subsection (5) of this section, the quorum of the Benchers shall be ten.
(9) The validity of any proceedings of the Benchers shall not be affected by any vacancy in the membership of the Benchers or by any defect in the appointment of a member or by any irregularity in the proceedings of any of their meetings.
(10) For the purpose of this section —
(a) “functions” includes powers and duties; and
(b) “prescribed” means prescribed by regulations made by the Body of Benchers, and the operation of section 11(2) of the Interpretation Act (which deals with references in an enactment to acting appointments) is hereby excluded.
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