In August 2025, Nigeria's legal community found itself at the center of a heated debate following the Department of State Services' (DSS) implementation of security screenings for newly appointed Senior Advocates of Nigeria (SANs). This move has ignited discussions about the independence of the legal profession, the role of security agencies, and the sanctity of due process.
The Controversial Directive
The DSS's decision to screen SAN-designates has been met with both support and criticism. Proponents argue that such screenings are necessary to ensure the integrity of the legal system, while opponents view it as an overreach that threatens the autonomy of the legal profession.
Akinboro's Objection
Olumuyiwa Akinboro, a Senior Advocate of Nigeria and former Secretary-General of the Nigerian Bar Association (NBA), voiced strong opposition to the DSS screenings. He contended that the SAN conferment is a professional recognition, not a political appointment, and should remain free from external interference. Akinboro emphasized that subjecting SAN-designates to DSS vetting undermines the independence of the Bar and sets a dangerous precedent.
Odinkalu's Rebuttal
In contrast, Professor Chidi Odinkalu, a prominent human rights lawyer and former Chairman of the National Human Rights Commission, defended the DSS screenings. He clarified that the screening requirement was instituted in 2022 by then Chief Justice Olukayode Ariwoola and had been applied in subsequent years without objection. Odinkalu argued that the legal profession's independence is largely aspirational, given the government's involvement in regulatory bodies overseeing the Bar.
Broader Implications
The controversy has broader implications for the Nigerian legal system. Critics fear that allowing security agencies to vet legal professionals could erode judicial independence and compromise the rule of law. They argue that such practices may lead to a chilling effect, deterring lawyers from taking on cases that challenge the government or security agencies.
Calls for Action
Legal professionals and civil society organizations have called on the NBA, the Legal Practitioners Privileges Committee (LPPC), and the Body of Benchers to resist the DSS screenings. They urge these bodies to uphold the autonomy of the legal profession and ensure that the process of conferring the SAN rank remains free from undue external influence.
The DSS's screening of SAN-designates has sparked a significant debate within Nigeria's legal community. While some view it as a necessary measure to uphold integrity, others see it as a threat to the independence of the legal profession. As the discourse continues, the legal community faces the challenge of balancing national security concerns with the preservation of judicial autonomy and the rule of law.
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