Restoring the Dwindling Glory of SAN Title 

As Justice Kudirat Kekere-Ekun steps into her new role as Chief Justice of Nigeria, many in the legal community are hopeful that she will reform the selection process for the Senior Advocates of Nigeria (SAN) rank, aiming to restore the title’s prestige.

Last Monday, Justice Kekere-Ekun officiated the swearing-in of 87 lawyers who were elevated to the distinguished rank of SAN, which is awarded by the Legal Practitioners’ Privileges Committee (LPPC) as a recognition of excellence among advocates and legal scholars. SANs, often referred to as members of the Inner Bar, enjoy specific privileges such as reserved seating in courts and expedited handling of their cases. Their unique attire, known as ‘silk,’ distinguishes them from other attorneys.

In July, the LPPC had shortlisted 98 candidates for the SAN rank, including 87 practicing lawyers and 11 academics. However, many legal professionals have voiced concerns over new entry requirements for aspiring SANs. Notably, there has been a troubling trend: the number of SANs being awarded has increased for three consecutive years, while the perceived quality of candidates has declined.

In 2022, the LPPC instituted a non-refundable application processing fee of N600,000 for the SAN rank, which has since escalated to N1 million. This hike has led to fears of “commercialization” and “politicization” affecting what should be the legal profession’s highest honor—a classification akin to the UK’s Queen’s Counsel (QC).

Opinions vary widely on the SAN title; some advocate for its complete abolition, arguing it unfairly privileges a select group of individuals. Others see merit in fostering competition but recognize the need for reforms to ensure a meritocratic system.

Legal practitioners who spoke to THISDAY expressed concern that the award of SAN should reflect proven integrity and significant contributions. Many lamented that the current conferment process requires a thorough reassessment, especially regarding the substantial costs involved in the application. One lawyer remarked, “N1,000,000 is just the starting point; when committees inspect applicants’ offices and libraries, the expenses skyrocket.”

As of 2019, Nigeria had 526 SANs, with the first two, the late Chief Rotimi Williams and Dr. Nabo Graham-Douglas, receiving their titles in 1975. Today, the number has surged past 1,100, prompting observers to worry that the title, once prestigious, may soon outnumber ordinary lawyers in Nigeria.

One SAN expressed concern, stating, “The award has been compromised and is losing its value because it’s now being awarded to an excessive number of individuals. Like many things, it has become a process for those with deep pockets and has fallen prey to tribalism and quota systems,”

Another SAN pondered, “If there were a qualifying exam for the SAN rank, would we see such a large number today? Look at other professional fields—there are far fewer specialists due to rigorous examination requirements. Yet, for SAN, no such criteria exist.”

Even the Body of Senior Advocates of Nigeria (BOSAN) has not been pleased with the recent surge in SAN designations. After the 2020 shortlist, BOSAN wrote to then Chief Justice Ibrahim Tanko Muhammad, advocating for a pause on elevations until 2024 to reassess the process. They criticized the 72 SAN rankings conferred that year as diminishing the title’s significance and urged a comprehensive review to preserve its esteemed standing.

Despite these warnings, the trend has continued. In 2021, the Supreme Court introduced new screening hurdles for prospective SANs, including oral interviews with a panel of justices and senior lawyers to verify applicants’ claims. However, reports suggest that the selection process still suffers from issues related to favoritism and corruption.

Recently, a retiring Supreme Court justice, Addu Aboki, called for a revision of SAN requirements to alleviate the immense pressure on the court system. He noted that the influx of lawyers seeking SAN titles has overcrowded appellate dockets.

The criteria currently require candidates to present a minimum of five completed judgments from the Court of Appeal and four from the Supreme Court. In a desperate bid to meet these benchmarks, some lawyers have even been known to fund appeals or revive dormant cases.

There are voices within the legal community advocating to raise the minimum qualifications required for SAN, proposing a range of 15 to 20 years of practice post-call. In 2022, Ebun-Olu Adegboruwa (SAN) outlined several reforms, stressing that successful applicants should demonstrate expertise across various legal areas, not just a narrow focus.

Adegboruwa argued against law teachers applying for the SAN designation without practical courtroom experience, stating that their career paths differ fundamentally from advocacy. He emphasized that only practicing law teachers who also serve as advocates should be eligible for the rank.

Additionally, he asserted that applicants must actively participate in the Nigerian Bar Association and attend local meetings to demonstrate their engagement with the profession.

With Justice Kekere-Ekun now at the helm, many analysts anticipate a thorough reassessment of the SAN selection process to help restore the rank’s declining stature and prestige.