Building links with practitioners, government agencies and universities through clinical aspects of legal education in Nigeria

Presentation at Vocational Teachers Forum IV, 8 January 2005

In his paper at the fourth Vocational Teachers Forum Uche, Professor and Dean of the School of Law at Rivers State University of Science and Technology, outlined the role of clinical legal education in Nigeria. This paper was co-authored by Nlerum S Okogbule and Jan Law Nyeruka, both of Rivers State University.

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This paper evaluates the importance, effectiveness and utility of clinical training programmes as an integral part of LLB degree courses at universities in Nigeria and as a vehicle to facilitate links with practitioners and government agencies. It seeks to demonstrate that the clinical aspect is unique and efficacious both in content and pedagogy as per its ability to contribute to the complete and comprehensive legal education of students and their high scoring ability in examinations (Mpamugo and Jack-Osimiri 1996) and enormous professional competence.

It examines the Nigerian system in contradistinction with her United States of American counterparts and concludes that the clinical aspect is an indispensable method of learning because it makes transition to the professional world much easier. It considers the merits and demerits of the programme, and particular specific suggestions and techniques are highlighted to assist legal educators realise their objectives. It finally attempts to influence reforms through the suggestion of a more responsive compulsory clinical legal education in order to build insurmountable bridges or links with practitioners, government agencies and universities.

Strictly speaking a clinic in medical and para-medical science is a place for medical examination and treatment; oftentimes free for experimental and instructive purposes (Webster Dictionary). It is basically the sessions of instructions in an institution or department for treating patients for diagnosis or giving instructions to a group in a particular field or profession (Chambers Dictionary). Legal clinic is the name given to the practical side of legal training designed to complement and supplement the theoretical knowledge of the law at the cradle.

It is not very clear whether clinical legal education existed in Nigeria since the establishment of formal legal education in 1963 (by the Legal Education Act 1962, repealed in 1976 but now consolidated in Cap. 1.10 of the revised Laws of the Federation of Nigeria (LFN) 2004). Abia State University introduced the formal clinical aspect of legal education at the undergraduate LLB level first in Nigeria. This fundamental aspect of the LLB curriculum was devised at the inception of the university in 1981. It was the first of its kind in Nigeria. It was introduced as a result of the initiatives and innovations of the pioneer professors (Anthony Oye Chukwurah (1981-1986) and Osita Eze (1987-1992), both with strong determinations to succeed) and the Dean of Law to facilitate a formidable link at the cradle between the LLB course and the entire profession and government agencies and promote smoother transition from the academic LLB to the practical world.

The process was nurtured through the dedication of a crop of skilled, vanguard daring and dauntless academics, including Dr Bakibinga (now Professor), Justice ICE Ihejietoh (rtd), (HRM) BA Iheme (now Professor), VA Mpamugo, myself, Dr Uba Nnabue (now Professor), EM Ojukwu, R Kemakolam, MO Nnegbu, Emeka Chianu, OE Nwebo, Nnamdi Obiaraeri, PC Ugochukwu and hosts of others. The pioneer professors worked extremely hard apparently to excel the Federal Government of Nigeria (FGN) owned universities. There was a perceived conspiracy deducible from the utterances of the then Minister of Education of the National Party of Nigeria (NPN) Controlled FGN to proscribe state owned universities. There were threats from states’ governments controlled by the opposition Unity Party of Nigeria (UPN) led by late Chief Obafemi Awolowo and NPP Nigerian Peoples Party led by late Dr Nnandi Azikiwe to challenge the FGN in the Supreme Court if it made good the threat of proscription, because education was/is still under the concurrent legislative list (not the exclusive legislative lists) of the 1963, 1979 and 1999 Nigerian Constitutions, and consequently all the three tiers of local, state and FGN could own and establish universities if it had the necessary funds and means or clinical or financial muscle.

Strictly, legal clinic was accorded its pride of place in the practical skills teaching in the LLB at Abia State University (ABSU) due to the awareness of the growing professional needs and the necessity to stimulate the interest, commitment and participation of the students as early as possible, in the practical aspect of the legal profession. Owing to the huge success recorded at Old Imo (now) Abia State University, clinical legal education is becoming very popular as one of the most effective ways of teaching students lawyering skills, values/etiquettes and responsibilities of the profession, access to justice and government agencies. It was also introduced in the LLB degree courses at Adekunle Ajasin University Akungba-Akoko Ondo State by Professor KA Dinakin, pioneer Dean of Law 1999 till date, and at Ebonyi State University Abakaliki by Professor U Jack-Osimiri (pioneer Dean of Law 2000-03) upon the approval of their curricular by their respective university senates.

Meaning of clinical legal education

Legal clinic is the practical side of the undergraduate LLB training programme. It is the process of learning by observation which characterises the Nigerian clinical system in contrast to the USA system of learning by doing (Joy 2004). Strictly clinical legal education provides practical training, or experiential and experimental learning of skills, to prospective lawyers – who may be called ‘lawyers in the making’. In this process, the would-be lawyers (LLB students) work, understudy and undertake hands-on learning through experiences under the supervision of the law faculty academic and administrative staff; learn to practice law and how to solve clients’ legal problems in the actual life environment. This course is practice-oriented and the would-be lawyers in a well structured clinical course; in a real life practical environment, undertake interviews of live clients, real life witnesses, gather facts, analyse clients’ problems and synthesise them with law, provide legal advice, perform legal research, learn ethics and professional responsibility, have direct client contact, confront the same problem situation which lawyers face in practical life rather than academic or moot court situations.

While the would-be lawyers could draft dealings and legal documents and perform legal works on behalf of indigent or impecunious clients or charge little fees based on the limited licence to practice granted to them by the government at the various levels in USA, their Nigerian counterparts have not been called to Bar and have no licence at all to practice. Apart from the learning by observation they are disabled by the professional rules from rendering any service to the client.

The usefulness of the clinical aspect cannot be under-estimated. In the fields of medicine, architecture, pharmacy and para-medical professions (nurses, laboratory technologists for instance) larger parts of these clinical aspects are being impacted in the form of experimental learning in laboratories, clinics, hospitals, internships etc. Similarly, in the architectural profession the architects-in-the making receive the clinical aspect of the vocational practice-oriented course in the workshop, building technological firms, construction sites, etc, in live clients/professional environments as part of the hands-on-the-job experiential learning processes. In engineering technical and science education, clinic plays a more important role in hands-on-the-job-learning in workshop where engines and components are fabricated, designed and built by the student engineers under the supervision of Faculty.

The clinical aspect of legal education in Nigerian universities

The clinical aspect of legal education in Nigeria is an integral part of the process of imparting knowledge and training the mind and body of prospective lawyers at the LLB stage so that they can acquire the necessary skills and discipline required by the legal profession (Jack-Osimiri 1992). The clinical system starts at the cradle 100 to 500 level LLB degree; in spite of the fact that legal education is a continuous one for life throughout the post-qualification years (Jack-Osimiri (1995b). The birth of clinical legal education in Nigeria was as a result of increasing concern over the perceived falling standard of legal education, the desire for competition to excel and beat other educational institutions in order to ward off unnecessary discrimination and the anxiety about the professional competence of lawyers generally. These factors lead to much attention being directed at their training, such that approved courses of many universities in Nigeria are being constantly updated and revised to meet the increasing controls of the regulatory bodies.

In order to raise the standard or possibly arrest falling standards ABSU, AAU and EBSU introduced the clinical aspect to complement the mandatory substantive law content of the LLB degree. Perhaps there may be unknown ones. The Faculty of Law at Rivers State University of Science and Technology will also introduce it in 2005-06. The result of the injection of this practice-oriented aspect is to infuse skills learning in areas such as advocacy, professional responsibilities, drafting, negotiation, alternative dispute resolution, etc and to increase links with the practitioners’ world and government agencies such as police, customs, immigration, armed forces, prison services, legislative houses at both the state and federal levels, magistrates and high courts, Legal Aid Council, Ministry of Justice and law firms.

It is anticipated this observational job learning would expose many prospective lawyers to a varying choice of careers after their qualification as fully fledged lawyers. This practice-oriented approach is grounded in the traditional role of a lawyer and the relationship between theory and practice of law thus:

“The study of the law is not merely the gaining of knowledge of the laws of one’s country. It is a liberal education, a discipline of mind. Law teaches us precision, lucidity of expression, the value of words and more than anything else, how to sift the wheat from the chaff, how to discard the irrelevancies that surround a subject and how to get at the root of the matter.”

— (Chalga 1961)

Nigerian clinical legal education is founded on the indisputable fact that seeing the machineries of law in motion (Zander 1981) can enhance the learning of law. Thousands of years ago Socrates the great philosopher recognised and emphasised that the ability to explain actions lies in the capacity to perform them. We shall examine the above development in the pre-1990 and post-1990 periods respectively.

Pre-1990 legal education

Nigeria was a British colony/protectorate for 99 years from 1861 to independence in 1960. She inherited the British educational system. The Nigerian Bar was established in 1885.

Between 1886 and 1962 all Nigerian lawyers, with the exception of very few local attorneys, were trained in Britain, as there were no facilities to train them locally. The legal profession in Nigeria is a fused one. The functions of the solicitor (the lawyer who handles the preparatory work involved in a law suit) and barrister (the lawyer engaged in the conduct of litigation) are amalgamated. Nigerian lawyers still use the titles of barrister, solicitor and attorney, but are known officially as legal practitioners. S. 23 Legal Practioners Act (1975 now consolidated in Cap. 1.11 LFN (2004)) as a person entitled to practice as a barrister, solicitor or both either generally or for the purpose of a particular office or proceedings.

The training given by the Inns of Court and the Law Society in England was considered insufficient and unsuitable for lawyers practicing in Nigeria in many ways (Orojo 1979). Firstly, despite the fact that Nigerian laws have their 80 per cent background of English laws, efforts were made to incorporate indigenous customary laws in the attempt to integrate and adapt to serve local needs (Obilade 1979). Law is an instrument of social engineering. The social habits in England may not necessarily represent the cultural norms and decorum in Nigeria. As a result of this latent defect, the newly qualified lawyers in England were handicapped, as they had not the opportunity to study Nigerian laws. Secondly, the British trained lawyers were used to the dichotomy of legal practice in which barristers and solicitors are given different training designed to equip them to perform different but complementary functions, and consequently may not necessarily fit into a fused system. The majority of the pre-1963 lawyers in Nigeria qualified as barristers in the Inns of Court in England without training as solicitors but they returned to Nigeria to practise as both.

The Legal Education Act 1962 established the Council of Legal Education, which in turn established the Nigeria Law School(NLS). There are now campuses at Federal Capital Territory (FCT) Abuja, Enugu, Kano and Lagos. Since 1963 till date NLS took over the conduct of professional legal education to meet local needs. The entry qualification is an LLB degree of any university from a common law jurisdiction; England, Scotland, Ireland, the USA, Canada, Australia, New Zealand, Ghana, Kenya, Tanzania, the West Indies, South Africa, Malaysia, India, Singapore etc.

Between 1963 till 1989 there was a laissez faire attitude as all the Nigerian universities designed four year LLB degree programme provided these had the core common law jurisdictions such as constitutional/administrative law, law of contract, criminal law, equity/law of trusts, land law, law of torts, evidence, company/commercial law. (See the stipulations of the Council for Legal Education Government Notice No 25 (Gazette Nos 9 and 10 Vol 21 January 1989) which increased the core common law subjects from the traditional six to eight, adding evidence and commercial/company law – made pursuant the exercise of its powers under the Legal Education Act.) On completion of the academic stage, the LLB degree is issued as entry qualification for one year compulsory vocational training at the Nigerian Law School.

Post-1990 legal education

From 1990 the Nigerian Universities Commission (NUC) pursuant to its statutory powers conferred to it by S.10 Education (Minimum Standards & Establishment of Institutions) Act (1985; now Cap. E.3 (LFN) 2004) increased the LLB degree programme to five years (four years for graduate applicants with degrees) and laid down minimum standards in legal studies for all universities in Nigeria. Under the above minimum standards there is no specific provision at all relating to the clinical aspect. Many universities in Nigeria, notably ABSU, the originator of clinical legal education, interpreted the minimum standards as equivalent to maximum standards and replaced their pre-existing curricula with that compulsorily imposed by the NUC. It is necessary for us to examine the clinical aspect both pre-1990 and post-1990 in order to properly appraise and examine its contributory significance to the comprehensiveness of legal education.

Clinical legal education

Clinical legal education as constituted by the four known faculties of law in Nigerian universities consists of two weeks attachment to police stations in the first semester and a further period of two weeks in the federal prisons service department for the second semester for LLB 100 level first year students. The 200 level second year students undergo an attachment of two weeks duration at the state House of Assembly in the first semester, while the second semester is devoted to another two weeks in the federal legislature. The 300 level third year students are also attached for two weeks at the magistrate courts in the first semester while the second semester is devoted to attachment at the high courts. The 400 level fourth year LLB students undergo attachments for two weeks at the office of the Legal Aid Council in the first semester and a further two weeks at the Ministry of Justice Attorney General Chambers for the second semester. The fifth/final year LLB 500 level undergoes only a first semester attachment of two weeks duration in the law firms/chambers of repute.

Each semester consists of 16 weeks academic activities, totalling 32 weeks per academic session, giving a cumulative total of 160 weeks for the five year degree programme, out of which 18 weeks are devoted to the clinical programmes. We shall examine each category in detail, in respect of the organisation and management of each segment and the benefits derived therefrom. It is worthy to observe that the legal institutions, government agencies and practitioners outlined above render these services to our clinical students on a goodwill basis without any payment obligations -their desire to contribute to the training of the youths most of whom will eventually turn out to be their successors-in-offices.

It is noteworthy to mention that the commencement of each segment(s) of the legal clinic(s) coincides with the students’ law weeks, which involve many activities such as public lectures on topical issues of practical utility to the legal profession by eminent personalities, mooting competitions, novelty matches etc.

Since the harmonisation of the curriculum of the law degree courses in all Nigerian universities (Jack-Osimiri 1995a) and the increase in duration to five years some of the universities now regard the clinical aspect as not mandatory.

The senate of Ebonyi State University adopted it at the inception of LLB programme as mandatory in 2004 when convinced by the arguments that the NUC standards are merely minimum, average lowest level where the floor is defined and the roof/height unlimited and consequently has the liberty to adopt medium or maximum standards in its legal education to increase quality of the outputs. The Senate of AAU was also convinced by this faultless argument.

100 level clinical programme

At this preliminary stage the students familiarise and acquaint themselves with the constitution, compositions and operation of the different branches of the law enforcement agencies. References are made to the Customs & Excise Department, immigration services and armed forces, but the clinical studies by observations are centred on the Nigerian Police Force (NPF) and State Security Service (SSS).

The students are divided into groups. Each group is under the supervision and control of academic advisers (usually a member of the academic staff) and students’ leaders are appointed. Each group is assigned and attached to different divisional police stations in same town or different towns of close proximity under the guardian of academic advisers. They visit the police station from 8am and remain there till 4pm for the duration of two weeks. Within this period the participants are given first hand information and knowledge about the organisational structures and functions of the Nigerian police, its chains of command system and official hierarchies. For instance the trainees learn about the various departments in the police force – armoury, exhibits, dogs, signals, intelligence, surveillance squad, robbery, homicide, firearms, musical bands/ceremonies etc. They are lectured on the hierarchies of police personnel. They are further introduced to the formal division of labour and command hierarchies within the force. The studies are extended to the specialised and highly skilled section of FIIB (Force Intelligence and Investigation Bureau), SIIB (State Intelligence and Investigation Bureau), force headquarters etc. Part of the studies includes the examination of criminal statistics.

General lecturers, handouts and monographs are delivered to the trainees by the appropriate police officer about law enforcement, crime prevention, detection, apprehension of offenders, preservation of law and order, protection of life and property, search, arrest, interrogation or questioning of suspects, volunteering of statements by suspects, recovering/handling and removal of exhibits, tendering them in courts and disposals of exhibits, prosecution of accused in the courts, etc. On the conclusion of the two weeks study the Commissioner of Police for the state command or officer acting on his behalf formally addresses the students.

The students gain first hand knowledge about the police, which helps in the appreciation of their roles and that of the authorities in the administration of the justice system in Nigeria. This is particularly advantageous for some of the trainees, who eventually undertake research projects on these areas and so are in a better position to write more informatively and constructively. Some of the students on graduation join the police force as officers. This helps in facilitating links with the government agencies at the onset and development of professionalism.

The clinical aspect of the second semester at 100 level on the LLB first year programme involves the same attachment of the students to the prisons services department for the duration of two weeks. This enables them to learn from the prisons service authorities about the treatment of offenders, the enforcement of custodial and non-custodial sentences, legal custody of prisoners, the removal and production of prisoners before the courts, discharge, visits, illness/hospital medical treatments, jail deliveries by chief judge/chief registrar, the gallows and execution of death sentences, paroles, prisons regulations etc. Similarly, the functions of the Director of Prisons, Chief Superintendent, Deputy Superintendent, Assistant Superintendent and the ranks and files are also highlighted.

The official of the prisons organises lectures and handouts and give the students monographs on the various aspects of the prison services. This clinical attachment and exposure to the functions of the prison is advantageous because of the strong link it builds with the government agencies and the university products. Some of our LLB graduates who write research projects on prison regulations are able to do so informatively with first hand information. Some of them who eventually get employment with prisons services departments confirmed enormous professional competence derived from this clinical programme.

200 level clinical programme

The 200 level second year clinical programme is the same in content, duration and form as that of the 100 level outlined above. During the first semester, subject to prior notification and consent, the 200 level students are further attached to the state’s House of Assembly. There are 36 states in Nigeria with unicameral legislature in each. Within the two weeks duration of attachment the clinical trainees acquire first hand knowledge and understudy the duties of the state legislators. Umuahia. Owerri, Akure, Abakaliki, Port Harcourt etc urban towns are chosen for the purpose of this learning by observation training. The trainees observe and learn how bills are passed – first, second readings, committee stages, motions and other legislative functions. They study the functions and duties of Speaker, Deputy Speaker, Chief Whip, majority leader, minority leader (opposition), Clerk of the House, legislative draftspersons and other functionaries. They also watch and observe the sponsorship of private member bills, executively sponsored bills, debates about the passage of bills, defeat of the bills on the floor of the legislative House.

In addition to the learning by observation the officials of the state House of Assembly organise lectures, handouts and monographs for the students. At the end of the session they entertain questions from the participants. It is worthy to note that over 40 per cent of our LLB graduates join politics and win elections into states Houses of Assembly. This clinical training facilitates easy transition from the academic stage into practical life situations in this important government agency. It is equivalent to a legislative internship, where trainees acquire first hand knowledge of the operations of first organ of the government.

Abuja Federal Capital Territory (FCT) is the seat of the Nigerian Federal Parliament – the bicameral National Assembly consisting of the Senate and the House of Representatives. As a result of the exorbitant costs of transportation and lodgings of the trainees some videocassettes of the proceedings of the National Assembly are selected for viewing by the clinical trainees. Lectures are organised by serving and retired legislators on the function of the Senate, the House of Representatives and their personnel – Senate President, Deputy Senate President, Speaker and Deputy Speaker and other hierarchies. The clinical programme is exactly the same at the state House of Assembly.

This course fosters deeper cooperation between the trainees and the federal legislators. Some of our graduates who eventually become legislative draftspersons and elected members to the National Assembly are better equipped to perform their functions creditably.

300 level clinical programme

The clinical programme at the 300 level is designed to expose the students to the dispensation and administration of justice by the magistrate courts in the first semester. Once again, the students are divided into groups and the target town is usually where the magistrate courts are located viz: Aba, Umuahia, Owerri, Okigwe, Ahoada, Port Harcourt, Abakaliki, Owo, Akoko, Ishielu and Ezza. Each group is under the leadership of academic adviser(s) and student leaders. The role of the academic adviser is to liaise with the authorities at the magistrate court (the presiding magistrate, registrar, clerk of the court, bailiffs, etc) and introduce the students to their host trainers, comment on the course of the events in each court and at the end of each day’s activities to move a vote of thanks. Prior to the commencement of the clinical training the faculty of law and the judiciary formalise and finalise the arrangements so that the programme will be hitch-free, for instance the chief judge, the various administrative judges, chief magistrates, the chief registrar and his/her deputy at the designated towns have to give their fiat indicating their readiness to receive the trainees. The personnel in the judiciary lecture the students about the functions, sittings and organisation of the magistrate courts. Part of the clinical training includes counselling the students on their conduct inside and outside the court.

The most significant part of the course is the exposure to the machineries of adjudication in the court that characterise our adversarial system and all aspects of the trials in civil and criminal proceedings at the magistrate court. These aspects are plea, commencement of proceedings, announcements of appearances by prosecuting/defence lawyers in order of seniority, use of evidence in chief, the weapon of cross-examination, the role of witnesses, IPO (Investigating Police Officers) making, sustenance, handling and disposition of objections, prosecution and defence.

The role of the students while in court is to learn by observation of the proceedings and the opportunity to ask questions will be afforded at the close of the court when the students interact with the presiding magistrate in his/her chambers. The magistrates or chief registrar normally organise lectures on different aspects of the proceedings and answer questions in relation to criminal charge sheets, cause lists, overnights and criminal prosecution. The above also includes lectures on civil matters, claims, writ of summons, particulars of civil claims, initiation of actions, legal documents, hearing notices, plaintiffs’ claims, defendants’ defence, subpoena, warrant of possession, enforcement or execution of judgments, specimen of count forms, etc. The lectures also centre on professional ethics – mutual fraternity amongst lawyers and mutual respect amongst magistrates/judges and lawyers, which complement each other in the administration of justice.

At the end of the clinical programme it is usual for the officials of the judiciary to address the students and wish them well in future endeavours. This aspect of the clinical programme is equivalent to the USA judicial internship. It helps to build links with the professional world and this important organ of the judiciary. About 15 per cent of our LLB graduates opt for jobs in the magistracy. The clinical training provides invaluable assistance to students who contemplate careers in the judiciary early. The knowledge derived facilitates understanding and practice at the magistrate court level for the early years of legal practice at the Bar and when they eventually become magistrates after a minimum of three years post call experiences.

During the second semester at the 300 level LLB clinicals are held at the high court, similar to that at the magistrates court. Subject to the consent of the chief judge, the 300 level students are exposed to high court trials and administration. Their role is to learn by observation of the proceedings of the high court while reserving questions for the judges in chambers at the close of the court session. Both the judges and registrars lecture the students on different aspects of the administration of justice and other related matters, similar to that of the first semester clinicals at the magistrate courts. These clinicals, equivalent to USA judicial internship, facilitates the students’ acquisition of deep knowledge of the practice and procedure at the high courts. It further makes the transition from academic to the professional life much easier. The clinical training therefores act as a bridge or catalyst facilitating transition from neophytes to full fledged lawyers expediently.

400 level clinical programme

The 400 level clinical programme consists of attachment to the Ministry of Justice Attorney General chambers for the duration of two weeks in the first semester. Students are given information on the functions and duties of the Attorney General and the operation of the various departments. They understudy the Director of Public Prosecution (DPP), directors of civil litigation, legal drafting, research and planning law review, law reporting, law reforms, public defender and environmental protection departments respectively. The trainees are given lectures on the corporation and significance of these important government departments. This fosters links between the products of the universities and their eventual employer, because over 40 per cent of our LLB students get employment with these departments of the Ministry of Justice.

In the second semester the 400 level students are further attached to the office of the Legal Aid Council (LAC), where they are given first hand knowledge of the operation of the funds, scope of assistance, eligibility of the recipients/applicants, question of the availability and their pro bono obligation to provide legal services free or at a reduced rates to the poor or people of limited means. This is very advantageous, because about five per cent of our LLB graduates secure employment with the LAC. The instructions received by the students in the form of lectures and learning by observation contribute in fostering strong link between the universities and this very important government agency. The trainees at the onset are acquainted with the operations and specific functions of these vital organs.

500 level clinical programme

The 500 level of the clinical training consists of attachment and attendance to reputable law firms, offices or chambers for the duration of two weeks in the first semester. As usual, before dispatch of the students the law firms and chambers give their consent to the arrangement, showing their readiness to receive the trainees. During this period, the students are exposed to the knowledge of the organisation and management of the law firm, client interviews, examination of case files, motion on notice or exparte, affidavits, preparation of cases and legal documents, preparation of pleadings (statements of claims and defences), business communications/legal letters, format/specimen of legal drafting of conveyancing documents, preparation of documents for incorporation of companies, registration of patents, mortgages, leases, wills, power of attorney, trusts documents etc. The students accompany the lawyers to courts, tribunals and other legal engagements and learn how the professional lives of lawyers work.

This aspect of the clinical training is similar to that of the USA . Placing the students in the role of lawyers as much as possible enhances quicker learning. This clinical teaching methodology focuses on the students’ confronting client problems much like practising lawyers confront them in practice (Joy 2004), identifying and handling clients’ problems under the supervision by the faculty and lawyers in chambers and engaging in self critique.

In addition, the principal of the chambers, managing partners, other lawyers and supporting staff organise lectures on general practice, conduct of litigation, general ethics and the norms and decorum of the legal profession. The various chambers exhibit devotion and patience in receiving and answering the students’ questions. To forestall truancy and ensure strict attendance and compliance each chamber or law office is encouraged to keep an attendance register, which each trainee must sign at the commencement and close of daily business. The attendance register is forwarded to the faculty of law at the end of the exercise. These clinical courses have the advantage of exposing the trainees to the hazards, pressures, fortune etc involved in the practice of law in the real life law environment.

End of each segment of the clinical programme

At the end of each semester of the clinical programme the students trainees return to the campus in preparation for the law dinner on the 15th day or so thereafter, during which public lectures feature as part of the end programme by eminent and distinguished lawyers. Topical issues touching not only on the legal profession but also on the processes of law making, administration of justice etc are normally chosen for the public lectures.

Assessment of clinical training

We now have to appraise and analyse the design of the clinical teaching and methods of assessment. The AAU and EBSU LLB students have just graduated this December 2004 and the knowledge they acquired is yet to be tested until after the Bar Final Examinations in 2005 or 2006 at the Nigerian Law School. The clinical programme at RSUST is yet to take off. We shall use the results of the Abia State University as a case study to assess the effectiveness and utility of the clinical training. It may be convenient for us to deal with the pre-990 to 1994 and post-1990 till date assessments separately.

Pre-1990 assessment

Prior to October 1990 there was a laissez fair attitude and each university was free to tailor its own law degree programme or design its own curriculum, provided the eight core common law courses were taught and studied by the students. In exercise of this liberty the founding fathers of the College of Legal Studies ABSU initiated an assessment procedure using three criteria in equal proportions:

Attendance and observation of the police, prisons, House of Assembly, federal and national parliament, magistrate and high courts, Ministry of Justice, Legal Aid Council and chambers attachments. The attendance register, strictly kept for this purpose, is relied upon and all the students are assigned marks over 100 per cent at each segment reflecting their attendance ratio. All the marks for all semesters are aggregated and an average mark is recorded for each and every student.

Practical assessments are also used. The object of this is to ascertain the students’ perception, appreciation and understanding of the machinery of justice and the instructions received through the clinical programmes. Take-home essays and term papers are given to the students on problem solving, reflecting critically on the police, prisons, House of Assembly, magistrate/high courts, Ministry of Justice/Legal Aid Council and chambers proceedings, and their various impact on the enforcement of law and the administration and quality of justice dispensed. By means of these written papers the students test and articulate their observations, identify the crucial issues and present practical solutions to some of the problems encountered in litigations.

Unseen examination questions are also used to test the students, consisting of questions reflecting areas covered semester by semester. These written examinations enable the students to reflect on the practical exercise, performance of counsel in the forensic combats in their courts observations, problems confronting counsel, witnesses, courts etc and how to solve them. All the marks scored in each semester are assessed over 100 per cent and at the end of the entire programme marks reflecting 70 and above = A grade, 60-69 = B, 50-59 = C, 45-49 = D, 40-44 = E and 0-39 = F grades are aggregated to other scores to calculate the Cumulative Grade Point Average. These lead to the award of first, second (upper & lower divisions) third class and pass degrees to the students respectively. The grades obtained from the clinical aspects are evaluated and computed together with the scores obtained in the substantive law subjects for the purpose of the final degree classifications.

Post-1990 assessment

Since harmonisation of the LLB programmes in all Nigerian universities by the introduction of Approved Minimum Standards by the NUC, assessment of the clinical aspect of the legal education through written examination and take-home tests has been rendered redundant. The entire curriculum designed by a particular university must be held in abeyance to that superimposed by NUC. Since 1990 assessments through the award of marks by attendance have been abolished. In spite of the non-inclusion of the legal clinic in the NUC approved minimum standard and the absence of the three criteria for assessment, both students and staff at ABSU voted unanimously for the continuation and retention of the clinical programme.

Appraisal of clinical programme and conclusion

The practical benefits of clinical legal education to the students can be better imagined than expressed. The vision of the introduction of the clinical aspect of the LLB course was to combine theory with practice in the training of future lawyers. Pursuing this vision ABSU created for itself a unique image distinct from the rest of the Nigerian universities. No doubt, the clinical aspect constitutes an adequate method of instruction, actually exposing the students to in-depth knowledge and thereby improving legal education.

This is borne out in the Results or Yields Assessment (RYA). The RYA method is used to compare the differences in performances of ABSU LLB students who used the clinical cum theoretical methods simultaneously for their preparation and the ‘other law faculties’ (OLF) who adopted the orthodox methods of theory only. The clinical programme has recorded a resounding success, to the extent that ABSU is ranked as one of the best, because this result-oriented practical course has contributed to ABSU students scoring high abilities at the Bar Final Examinations at the Nigerian Law School. ABSU recorded first class honours scores on two occasions (1989 and 1992) and the overall performance of its students in Bar Final Examinations have ranged between 87% and 93% yearly.

The use of the orthodox theoretical method alone without the clinical aspect by OLF confined their students to theoretical lectures only, leaving the practical aspect to the Nigerian Law School Bar Final Course. It is at the Nigerian Law School that OLF students are, for the first time in their academic lives, exposed to the law enforcement agencies, police, prisons, courts and chambers or law firms, where they observe the dispensation and administration of justice with puzzlement and the unfamiliarity of beginners. For ABSU students, the period of the practical Bar Final Course at the Nigerian Law School is that of consolidation only, and not that of being neophytes. The foreknowledge of practice and procedures, coupled with solid theoretical training, gives them an edge over their OLF student counterparts.

The results of the clinical aspect of legal education are contrasted with the results of peasant farmers who used modern and scientific farming technology, fertilizers etc and those who relied on the traditional methods (Ugbomeh 1992; Eziakor 1992). The Results or Yields Assessment methods show the former recorded higher and fantastic yields than the latter (Dimelu and Ajala 1993; Ekezie 1993). With these fantastic results at the Bar Finals by ABSU students, the unfounded superiority complex previously exhibited by students from federal universities over state universities died a natural death. Of course, the status quo cannot survive or thrive in situations where the state universities also produced the best brains like their federal counterparts. Reports from law firms also show excellent performances of ABSU products, not only in legal practice but also in other fields of human endeavour.

In terms of general appraisal the clinical training constitutes a bridge linking theory and practice and provides the means of testing the fundamental practical skills of teaching. The ABSU clinical aspect provides the rare opportunity of a nexus between legal education and legal practice and the development of competence skills, making the transition from undergraduate to legal practice easier. Furthermore, it is a quality control phenomenon, and agenda imposed by the founding fathers of ABSU on its legal educators to improve the quality of graduates’ time management skills, practice and procedure skills and critical and analytical thinking skills which are valuable assets as they proceed into the professional world.

Finally, the role of both law teachers and hosts of the clinical programme (viz: the police, prisons, magistrates, judges, law firms or chambers) in promoting the essential, effective teaching of law and a conducive, favourable environment for learning law deserve commendation. Through their devotion, the understanding of the law and its operations are facilitated, thereby enriching the students in work habits, proper grooming and cultivation of positive attitudes.

Deficiencies and proposals for reforms

As laudable as the clinical programme is, it has some pitfalls. The harmonisation of the law curriculum seemingly negatives the examination aspect of the clinical training. Present students rarely feel committed to the course, and some do not accord it the priority hitherto enjoyed pre-October 1990. Abolition of the written examination is largely responsible for this negative attitude. The students now regard the period of legal clinic as one for their own travel (to see parents and other relations), their upkeep in the university and leisure. The results of the Bar Final Examinations between 1999-2001 show that ABSU occupied bottom position, recording abysmal failures as a result of the removal of the written examinations, attendance scores and lack of seriousness to prosecute the clinical aspect with due diligence originally conceived by the founding fathers of ABSU. (Letters and communications from (HRM) BA Iheme, friend and colleague at Abia State University (now a Professor of Law at Ebonyi State University Abakaliki). The poor performances were/are still attributed to the removal of the vital written examinations component of clinical legal education.)

The problem of under-funding and inadequate facilities owing to the decline and dwindling subventions from the government has led to the university on its part sleeping on its responsibility toward the programme. Sometimes arrangements towards the commencement of legal clinic are so slipshod that the momentum is either lost or reduced considerably. There is little or no motivation for the academic staff advisers who accompany the students to their various locations during the programme, their expenses are hardly reimbursed and their comfort hardly ensured.

We advocate the reintroduction of the written examination to re-awaken the students’ interest in the programme and for the NUC to make the clinical aspect of legal education compulsory in all Nigerian universities through legislative reforms. In this way its enormous benefits would produce balanced legal education.

Other law schools in many universities in different parts of the world might find the ABSU experience not only useful but worth emulating to enhance the quality of legal education worldwide. Clinical legal education is gaining popularity not only in the USA but also in Canada, Australia, Britain, India, the Netherlands, South Africa, Sweden, Croatia, Japan, Romania, Chile and Russia etc. We hope these developments will spur all universities in the world to adopt this participatory, observational and integrated experiential learning into the study of law.

References

• Chalga M (1961) ‘The role of lawyers in today’s world’ NYLJ pp5-25
• Dimelu I and Ajala (1993) ‘Transfer of farm technologies’ Nigerian Journal of Agricultural Teachers Education vol 2
• Ekezie (1993) ‘Adoption of modern agricultural instructions’ Nigerian Journal of Agricultural Teachers Education vol 2
• Eziakor G (1992) ‘Peasant farmers, fertilizer usage in Bauchi State Nigeria’ Nigerian Journal of Agricultural Teachers Education vol 1 pp14-12
• Obilade O (1979) Nigerian legal system London: Sweet & Maxwell pp231-380
• Orojo O (1979) Conduct and etiquette for legal practitioners in Nigeria (1979) London: Sweet & Maxwell pp138-240
• Jack-Osimiri U (1995a) ‘Appraisal of approved minimum standards in legal studies in Nigerian universities’ Journal of Commonwealth Law and Legal Education vol 72 pp21-22
• Jack-Osimiri U (1995b) ‘Continuing legal education in Nigeria’ Journal of Professional Legal Education vol 13 no 2 pp281-284
• Jack-Osimiri U (1992) ‘Legal education in Nigeria’ IALS Bulletin vol 1 pp7-12
• Joy P (2004) ‘Law students in court: providing access to justice’ Issues of Democracy vol 9 no 2 August [Not currently available]
• Mpamugo V and Jack-Osimiri U (1996) ‘Clinical aspects of legal education at Abia State University Nigeria’ Journal of Professional Legal Education vol 14 no 1 pp125-133
• Ugbomeh G (1992) ‘Appraisal of fertilizers technology in agriculture in Ndokwa Delta State of Nigeria’ Nigerian Journal of Agricultural Teachers Education vol 1 pp40-52
• Zander M (1981) Machineries of justice pp220-225

Last Modified: 30 June 2010