Section 3 Legal Practitioners Act

Section 3 of Legal Practitioners Act 1975 is about Establishment of Body
of Benchers. It is under ‘Practice as a Legal Practitioner‘ of the sections of the Act. It provides as follows:

(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 and Minister of Justice;
(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;
(h) the Attorneys-General of the States of the Federation;

(i) the Chairman of the Council of Legal Education;
(j) the President of the Nigerian Bar Association;
(k) thirty legal practitioners nominated by the Nigerian Bar Association; and
(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.

(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 (l) 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 super numeracy 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.