A Justice of the Supreme Court, Habeeb Abiru, has sparked fresh debate within Nigeria’s legal community by proposing periodic reviews of the prestigious Senior Advocate of Nigeria (SAN) rank to ensure holders continue to meet the highest ethical and professional standards.
Justice Abiru made the recommendation while delivering judgment in an appeal filed by Stephen Olusegun Ogidan, who challenged the forfeiture of N1.5 billion recovered by the Economic and Financial Crimes Commission (EFCC).
According to court records, Ogidan, a former consultant to the Nigeria Incentive-Based Risk Sharing System for Agricultural Lending, was investigated over allegations of bribery, money laundering and criminal breach of trust. The EFCC said its investigations linked the funds to unlawful activities, leading to a plea bargain in which Ogidan agreed to refund the money.
After the Federal High Court and the Court of Appeal upheld the forfeiture of the funds, Ogidan took the matter to the Supreme Court. The apex court unanimously dismissed the appeal.
In his lead judgment, Justice Abiru expressed surprise that a litigant who had voluntarily refunded the money under a plea arrangement would later challenge its forfeiture. He also questioned why two SANs accepted briefs in a matter he considered an abuse of judicial process.
The justice subsequently suggested that holders of the SAN rank should undergo periodic assessments to determine whether they continue to contribute positively to the legal profession and remain worthy of the distinction.
The proposal has reignited discussions over whether the SAN title should remain a lifetime honour or become a privilege subject to continued ethical conduct and professional responsibility.
Legal analysts argue that regular reviews could strengthen accountability among senior lawyers and reinforce public confidence in the justice system. They note that concerns about forum shopping, frivolous litigation, abuse of court processes and delay tactics have increasingly attracted criticism from judges and legal practitioners.
Human rights lawyer Malachy Ugwummadu described the recommendation as a reflection of growing judicial concern about the conduct of some senior advocates, stressing that public trust remains the foundation of justice.
Similarly, legal practitioner Frank Tersien supported stronger measures to maintain discipline within the profession, especially among lawyers who serve as role models to younger practitioners.
Senior Advocate of Nigeria Yemi Candide-Johnson also backed greater accountability, warning that public confidence in the legal profession has been weakened by perceptions that some influential lawyers act without consequences.
However, lawyer Toyin Ndidi-Taiwo cautioned that every litigant is entitled to legal representation, regardless of how unpopular or weak a case may appear. She noted that while courts may criticise meritless litigation, judicial comments alone do not change the legal framework governing the SAN rank.
The SAN title remains Nigeria’s highest distinction for legal practitioners, traditionally awarded to lawyers who have demonstrated exceptional advocacy, integrity and service to the profession. Whether Justice Abiru’s proposal evolves into a formal reform agenda for the Legal Practitioners’ Privileges Committee remains to be seen.
