A binate regulatory framework for the accreditation of law faculties in Nigerian universities: a necessity or overkill?

Abstract

ABSTRACTNigeria operates a binate regulatory system for legal education under the regulatory control of the National Universities Commission (NUC) and the Council of Legal Education (CLE), which regulate the law faculties of universities and the Nigerian Law School respectively. Both regulatory bodies carry out periodic visitation exercises to confer accreditation status on the law faculties accordingly. Against the standards of the UK Better Regulation Principles (BRP) of proportionality, accountability, consistency, transparency and targeting, this paper examined the effectiveness of the NUC and CLE in exercising their regulatory functions in the regulation of legal education. In its assessment, this paper finds that the binate system falls short of the BRP. Its sanction of withdrawal of accreditation is rather extreme and not fit for instances of minor malfeasance. The activities of the binate regulatory bodies are left unsupervised and the court usually refrains from intervention. Hence, among other things, this paper suggests joint action of both bodies in carrying out accreditation exercises, which will ensure consistency and save costs. The court should also intervene in appropriate instances to prevent abuse of regulatory powers.KEYWORDS: Legal educationaccreditationBetter Regulation PrinciplesNational Universities CommissionCouncil of Legal Education Disclosure statementNo potential conflict of interest was reported by the authors.Notes1 Charles A Riedl, “The Proper Place and Function of the Lawyer in the Society” (1951) 35 Marquette Law Review 1, 1.2 ibid. See Andras Sajo, “The Role of Lawyers in Social Change: Hungary” (1993) 25 Case Western Reserve Journal of International Law 137, 137.3 Stan D Ross, “The Role of Lawyers in Society” (1976) 48(1) The Australian Quarterly 61, 66.4 United Nations, “Basic Principles on the Role of Lawyers” (1990) accessed 16 April 2023.5 Alex de Tocqueville, Democracy in America (G. Dearburn & Co. 1838).6 Okechukwu Oko, “The Lawyer’s Role in a Contemporary Democracy, Promoting the Rule of Law, Lawyers in Fragile Democracies and the Challenges of Democratic Consolidation: The Nigerian Experience” (2009) 77 Fordham Law Review 1295, 1297.7 Felicia Eimunjeze, “Achieving Excellence in the Legal Profession in a Globalized World: Imperatives for Developing Economies” (2015) 5 Journal of Sustainable Development and Policy 198, 198.8 Idem Udosen Jacob and Halimat Adeniran, “Challenges of Legal Education in Nigeria and the Effects on National Development” (2019) 6(10) International Journal of Multidisciplinary Research and Development 90, 90. See also Bagoni A Bukar, “Legal Education and Challenges of Contemporary Developments in Nigeria” (2014) 20 International Journal of Clinical Legal Education 593.9 Jonathan O Fabunmi and Ademola O Popoola, “Legal Education in Nigeria: Problems and Prospects” (1990) 23 Verfassung und Recht in Übersee 34.10 ibid.11 Ndubuisi J Madubuike-Ekwe, “Challenges and Prospects of Legal Education in Nigeria: An Overview” (2017) 8(1) Nnamdi Azikiwe University Journal of International Law and Jurisprudence 128.12 Ogugua VC Ikpeze, “Legal Education in the 21st Century Nigeria: Need for Diversity in Content Paradigm” (2015) 39 Journal of Law, Policy and Globalization 63.13 Education (National Minimum Standards and Establishment of Institutions) Act, Cap E63 LFN 2004, s 10.14 Legal Education (Consolidation) Act, Cap L10, LFN 2004, s 1(2).15 Ikpeze (n 12).16 BRTF, “Principles of Good Regulation” (2007) accessed 7 February 2023.17 Organisation for Economic Cooperation and Development, “Strategy and Policies for Better Regulation” (2010) accessed 7 February 2023.18 ibid.19 Robert Baldwin, Martin Cave and Martin Lodge, “What Is ‘Good’ Regulation?” in Robert Baldwin Martin Cave and Martin Lodge, Understanding Regulation: Theory, Strategy, and Practice (Oxford University Press 2011) 58.20 Terry Hutchinson, “Doctrinal Research: Researching the Jury” in Dawn Watkins and Mandy Burton (eds), Research Methods in Law (Routledge 2013) 9.21 Terry Hutchinson and Nigel Duncan, “Defining and Describing What We Do: Doctrinal Legal Research” (2012) 17 Deakin Law Review 179, 181.22 ibid 183.23 Oliver TU Onwudinjo and others, “Public and Private Law Textbooks Collections: Accreditation Issues and Imperatives for Law Libraries” (2015) 3 Pinnacle Educational Research & Development 724, 725.24 Oliver Theophine Onwudinjo, Chukwuma Obiora Nwosu and Cyprain I Ugwu, “Accreditation Issues in Faculty of Law of Nigerian Universities: Imperatives for Law libraries, Laws and Statutes” (2014) 1172 Library Philosophy and Practice (e-journal) 1, 2–3.25 Ndubuisi Joseph Madubuike-Ekwe, “Challenges and Prospects of Legal Education in Nigeria: An Overview” (2017) 8(1) Nnamdi Azikiwe University Journal of International Law and Jurisprudence 128, 130.26 Moshood B Lawal, A Handbook on History of Education in Nigeria (Macmillan & Co 2008) 30.27 Florence Oluremi Olaleye and Babatope Kolade Oyewole, “Quality Assurance in Nigerian University Education: The Role of the National Universities Commission (NUC) as a Regulatory Body” (2016) 5(4) International Journal of Academic Research in Progressive Education and Development 160, 162.28 ibid.29 ibid.30 The National Universities Commission Act 1974 (Cap N81, LFN 2004), s 1(1).31 ibid s 4.32 Education (National Minimum Standards and Establishment of Institutions) Act Cap E63, LFN 2004, s 10.33 ibid.34 The current one is the NUC Benchmark and Minimum Academic Standards for Undergraduate Programmes 2015. See, National Universities Commission, Monthly Bulletin (2018) 13(1), 2.35 Charles P Akpan, “Quality Assurance in the Nigerian Universities: The Role of the National Universities Commission” in INTED2014 Proceedings (8th International Technology, Education and Development Conference 10–12 March 2014, Spain) 1293–94. 36 Comfort Olufunke Akomolafe and Veronica Olubunmi Adesua, “An Evaluative Study on the Accreditation of Academic Programmes and Quality Assurance in Public Universities in Nigeria” (2019) 15(4) European Scientific Journal of International Law 40, 44–45.37 National Universities Commission, “Accreditation” (2021) accessed 12 May 2021.38 National Universities Commission, “List of Illegal Universities Closed Down by NUC” (2021) accessed 12 May 2021.39 National Universities Commission, “CCMAS Unveiled @ NUC Diamond Jubilee Celebrations” (2023) accessed 7 March 2023.40 Ernest Ojukwu, “Revisiting Legal Training in Nigeria: Wanted a Mandatory Continuing Legal Education Programme” (1998) 1 Journal of Commercial Private and Property Law 19, 19.41 Ndubuisi J Madubuike-Ekwe, “Challenges and Prospects of Legal Education in Nigeria: An Overview” (2017) 8(1) Nnamdi Azikiwe University Journal of International Law and Jurisprudence 128.42 Legal Education (Consolidation) Act, Cap L10 LFN 2004, s 1(2).43 ibid s 2(5).44 Emeke Chegwe, “Politics and Intrigues of Accreditation in Nigeria: The Noun/CLE Conflict in Retrospect” (2018) accessed 13 May 2021.45 Olanrewaju A Onadeko, “Legal Education, Legal Practitioners and Legal Services Market: Whither the Perfect Blend” (2014) Compendium of Legal Essays in Honour of Chief Idowu Abdulfatai Sofola 226, 230.46 Mujibu Yahaya, Ishaq Muhammad Jimoh and Tijjani Sani, “Challenges of Legal Education in Nigeria” (2022) 9(3) International Journal of Innovative Legal & Political Studies 20, 22.47 This approach is founded on the Latin expression, “omnia praesumuntur rite esse acta”, which means: “all things are presumed to have been done rightly.”48 Better Regulation Task Force, “Principles of Good Regulation” (2003) 10. accessed 14 January 2023.49 Anti-Money Laundering (Repeal and Amendment) Regulations 2010, Article 13.50 Business Advocacy Network, “Principles of Good Regulation” 2 accessed 30 January 2023.51 ibid.52 ibid.53 ibid.54 National Audit Office, “Good Practice Guidance: Principles of Effective Regulation” (2021) 37 accessed 30 January 2023.55 Business Advocacy Network (n 50).56 ibid.57 Ernest Ojukwu, Legal Education in Nigeria: A Chronicle of Reforms and Transformation under Tahir Mamman (Council of Legal Education 2013) 73.58 ibid 21.59 (2014) 3 NWLR (Pt 1393) 33.60 See Alli v NUC (2018) LPELR-44361 (SC).61 “Universities That Offer Law and Their Accreditation Status” accessed 29 January 2023.62 “Council of Legal Education Resolves NOUN Law Graduate Conflict” accessed 1 February 2023.63 Gibson Ogbeiniama, “NOUN Law Graduates vs CLE, After the Judgement What Next?” (The Nigeria Lawyer, 7 October 2017) accessed 1 February 2023.64 Nasiru Tijani and Gbemi Odusote, “Accreditation of Law Programmes in Nigeria: A Case for Review” (2022) 5 International Journal of Law and Society 350, 354.65 (2018) LPELR-44361 (SC).66 Suit No: FHC/PH/CS/11/2015.67 See, Davies Iheamnachor, Amarachi Uzoma and Isioma Ananaba, “Court Stops Move by NOUN Graduates to be Admitted into Law School”, Vanguard (4 October 2017) accessed 1 February 2023.68 Nigerian Electricity Regulation Commission, Regulation on Customer Complaints Handling: Standards and Procedures 2006.69 Tijani and Odusote (n 64) 351.70 Okechukwu Oko, “Legal Education Reform in Africa: Time to Revisit the Two-tier Legal Education System”, (2021) 29(1) University of Miami International & Comparative Law Review 130, 134.71 Eno-Abasi Sunday, Joe Onyekwere and Bridget Chiedu Onochie, “NUC, CLE Bicker over Accreditation of Law Faculties” The Guardian (17 December 2017) accessed 1 February 2023.72 Tijani and Odusote (n 64) 354.73 Onwudinjo, Nwosu and Ugwu (n 24) 3.74 See Council of Legal Education, “List of Accredited and Approved Faculties of Law in Nigeria” Daily Trust (Lagos, 8 November 2017) 24; Nigerian Law School Lagos Campus, “Accredited and Approved Law Faculties” accessed 31 January 2023.75 See Azeezat Adedigba, “NUC Releases Names of 58 Illegal Universities in Nigeria (Full List)” Premium Times (24 May 2018) accessed 27 September 2023.76 Nnamdi Onyeka Obiaraeri and Chinyere Obiaraeri, “Rethinking the Future of Legal Education in Nigeria in a Covid-19 Pandemic Era” (2022) 3 International Journal of Law and Clinical Legal Education 9, 13.77 Wondrous Nnaemeka, “Legal Profession Threatened as Council Accuses Varsities of Running Unaccredited Law Programmes” (The Whistler, 29 August 2022) accessed 29 January 2023.78 ibid.