Professor Amari Omaka Chukwu is a Law Professor and Senior Advocate of Nigeria (SAN) and hails from Amasiri Afikpo North Ebonyi State. Omaka is a Professor of Environmental, Water, and Natural Resources Law, and has experience in Academia, the bench, and the bar. In this interview with Grace Egbo, he said belonging to a cult group is not a prerequisite to achieving SAN.
He is currently the Commissioner for Education Tertiary Institutions in Ebonyi State.
Can you tell us what it takes to be a Senior Advocate of Nigeria SAN?
One of the rarest feats lawyers can achieve is to become a Senior Advocate of Nigeria (SAN), because that is the highest position, and that is the dream of every lawyer, be it in academics or advocacy. For you to be a SAN, you must have distinguished yourself either in the practice of law in the law court or in academics, and you must have practised law for more than 10 years; you must have impeccable character because before you are conferred with that title, different NJCs must have been commissioned to investigate you. You must be of good character, you must have good knowledge of the law to make contributions to the progress of the legal profession either in the courtroom or through publications and you must have demonstrated leadership either as head of chambers, leadership in every aspect, not political leadership but leadership in the area of law that you can lead without rancour and you must be loyal to the legal profession.
And as academic, you must have taught law as a professor for not less than 10 years. You must have paid your practising fee for five years preceding the year you apply to be a SAN and you must pay at the beginning of the year, you must show evidence of being a Nigerian citizen by showing your tax clearance at least for three years, you must have people that can recommend you. People can say yes this person has distinguished himself as a fine practitioner. Fine not in beauty, but in practice.
Is there any other qualification required by a prospective SAN?
Let me go into specifics. There are two categories; number one is advocacy which is the popular for those who practice law . For you to qualify, you must be of good conduct, you don’t fight in public. You must have had 20 cases of judgement in the high court. The case you started from the beginning to the end and you must show evidence that you made significant impact in that cases . That high court includes election tribunal and military tribunal . You must show five evidence of judgment from court of appeal and you have four from the supreme court . You must show you understand the proceedings of law from different judicial courts in Nigeria from the lower to the apex court.
What of Magistrate Court?
They don’t count the one of Magistrate Court. Meanwhile, Letters must come from judges of the different courts you have appeared confirming the judgements you presented are your own. The documents you submitted to those courts must also be attached. You must have a good chamber. We call it a good practice, good law library, good staff, good salary, insurance policy, pension scheme and that is part of leadership.
From your exposition, it is understandable that bagging of SAN is not a child’s play. Can you shed more light on the process?
While you have done this, there is a committee set up by legal practitioners privileges committee made up of all categories of persons that will screen you when you apply. Usually, applications starts around first week of November. The committee does what is called first filtration . When that is done, another committee will come up to screen you after the second filtration, they will do elimination until the third filtration when they will recommend those to be conferred with the rank. When that is done, you go for oral interview when you succeed, you will be among those that will be called to the inner bar .
What is the cost implication?
To apply, you need one million naira (1,000,000.00) to buy the form. The money is not refundable and you know that what you will use to process it is more than the one million naira you paid for the form .
You earlier said there are two categories. Which is the second one?
The other category is that of academics. That one has its own rigor too and you must have been a professor for at least for 10 years standing, you must have been a scholar recommended all over the world in terms of books you have published , published by a reputable companies. You must have at least 5 books you have published, journal, articles, at least 20. You must have made at least 10 presentations in both local and international conferences outside the books , you must show three evidence that professors who are not below 10 years of professorship are behind your application. In summary these are what it takes to be conferred with Senior Advocate of Nigeria SAN both in academics and advocacy-the general requirements.
There is a conception that the Yoruba people have a clique of SAN that made it difficult for the people of other zone to attain the position. Is it true?
No! That’s wrong . from my own experience, what you heard is partial part of the story from my own end. They used to say you must belong to a cult group but this are just stories they are not real . It is difficult for our people to make. It is not that they are marginalised by any tribe, it is because this is not pap to drink. You appeared in high court for 20 judgements, it is not easy. Many lawyers practice and go and they will not go to Supreme court. Go and investigate it. Many good lawyers have never gone to appeal court.
But one can still practice and make it to that point?
Why not, that is the problem. Why I said why not is that people are in a haste. Let me give you an example. We have two new Senior Advocates; Roy Umahi waded into the storm because of exposure to cases ,because he has the resources. They don’t dash it to you. It is not by tribe or that you have big money or that you are poor. No! Roy laboured. If you go to his office , you will know , yes, this is a law firm you must bring out money and invest. I was doing my own naturally I never had that ambition. People here don’t invest in their practice, you have to be committed, you have to have the resources, you have to do probono services. You must show five probono cases . Cases you have done free of charge in short it helped me a lot because I have a law firm called Prof Amari Omaka Public Law Clinic, that one, I do 100% probono as a lecturer but I pay lawyers who are there. Many lawyers are not ready to do that. why it is easier for our brothers from the west is because some of them their fathers had become a SAN so it is easier for them because they Know the rules and you have to make provision for people under you.
The second person that got SAN from Ebonyi State is working with Kanu Agabi my very good friend. Kanu Agabi has a good practice one of the finest practice in Abuja. He has 7 story building as his chambers, he is an accomplished advocate. This man Njoku is working under Kanu Agabi, but our people will not like to spend five years with you they will want to go and open their own chamber.Do you know what it takes to carry a file to Supreme court? Many Ebonyians can not afford to take somebody to Supreme court . They do not look at faces to give SAN. They look at what you are able to put. Did you meet the criteria. And our people don’t have confidence that our lawyers can handle their case to the supreme court.
Are the courts the same?
There is a difference in the practice of law at the Court of Appeal and that of Supreme Court. You argue more physically in the High Court while in the Court of Appeal, the documents you file will argue for you. When you want to have that title you must have made contributions to the development of the law. In all the cases you are wining what, principle of law did you establish and bring out? In the books you are writing what principles of law did you develop. So you must show evidence of your contributions to the development of law because it is not just that you have won 20 cases but in that 20 cases you must have made impact even the argument you made is it something that somebody will say yes this person is developing the law. It is not that you won or you lost,but your contributions because they want law to develop. SAN is not what you use money to buy.
Have you mentored some lawyers?
Sure! I have many lawyers that understudy me. If you go to Porthacourt, I am popular in PH. There was a time they called me to come and deliver a paper on how to be senior advocate of Nigeria SAN.Our people here are not ready to sponsor that.
What is your charge to Ebonyi lawyers ?
The charge I am giving to our people is that it is an achievable task. I was very proud when I went to Abuja to birth two SANs. It was one of my best days. Humility, hardworking, determination, focused. Our people easily run into politics immediately they are called to bar. They want to be senator, house of representatives member , local government chairman and some coordinators. With that type of line you are toeing, how can you achieve it? If you want to achieve anything in life be focused. So I want to advice our people who want to achieve this feat to be focused in the area they area practising law to make sure they make good impact. These are things that will make you to achieve it. Money is not everything I may not have money in my pocket, but wherever I go people reorganise that I have come. Be focused don’t be jumping from one pillar to post if you want to achieve this feat of Senior Advocate of Nigeria, SAN.
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