Introduction:
A law student’s career is very tough, rigorous and demanding. Preparing for a future as a lawyer requires full understanding of the two broad aspects categories of the legal profession, namely; litigation practice, which involves resolving disputes through the court system and the corporate practice, which revolve largely around business transactions. Albeit, each with its pros and cons. This article explores these differences to help aspiring lawyers to make informed decisions.
Understanding Litigation:
To begin with, what is litigation? Simpliciter, litigation is the process of resolving disputes through a court of law. Litigation has both civil and criminal sides, its civil when it involves disputes between individual while on other hand its criminal when it involves State and individual.
Howevers, Its purpose is to ensure disputes are being settled following proper procedure and to ensure justice is done to the victim, to the guilty and to the society. Basically, it is the other option in civil matters when parties cannot agree or resolve disputes on their own or through Alternative Disputes Resolution (ADR).
Litigation Process, including; filing of lawsuits, pleadings, presenting evidence and making legal arguments before the court, judgement and appeal. In Nigeria, section (6) of the CFRN vest judicial power in court for resolution of matters. For ease of reference, thus:
Section 6 (1) provides that “the judicial power of the federation shall be vested in the courts to which this section relates, being courts established for the federation”.
There are various laws, rules of court and professional regulations that govern litigation in Nigeria, as follow:
The Constitution of the Federal Republic of Nigeria, 1999 (As amended); Giving that the constitution is supreme and it’s the ground norm for all other laws provides for the judiciary and judicature in the constitution, thus:
Chapter VII of the Constitution of federal republic of Nigeria, 1999 (As amended) defines the structures, jurisdictions, and power of the various courts in Nigeria.
Rules of Court (Civil and Criminal Litigation)
Civil Litigation
Rules of Court are the procedural rules that are made specifically for the courts to guide them in the conduct of civil proceedings. They are also made to regulate practice and procedure in those courts. Rules of courts are usually presented in “Orders” and “Rules”. “Orders” may be said to refer to actions capable of being taken in a court; while “Rules” may refer to the procedure of taking such actions. Each level of court has its own rules governing litigation in Nigeria. Some prominent court rules include:
• The new Supreme Court Rules 2024
• Court of Appeal Rules 2021
• High Court Rules (Federal and States)
• National Industrial Court (civil procedure) Rules 2017, Shariah Court of Appeal (FCT & States) Civil Procedure Rules, Customary Court of Appeal (FCT & States) Civil Procedure Rules, Magistrate Court (civil procedure) Rules of states, Customary Court Rules of some states, and all other lower courts rules.
Professional Regulations, such as:
Sheriffs and Civil Processes Act/Laws, Judgment (Enforcement) Rules, and Practice Directions among other laws.
Criminal Litigation
Criminal litigation in a court exercising the same jurisdiction. Simpliciter, the procedure of civil litigation is distinct from criminal litigation. Criminal litigation contains the whole gamut of the laws and procedures ranging from the moment when a crime complaint is laid before a police officer or any law enforcement agent, the arrest, the arraignment, trial, conviction and to the sentence of who is guilty of the crime.
It also extends to any possible appeal flowing therefrom, and even the execution of the judgement at superior court where the lower court judgement is appealed. There are couple of laws applicable to criminal litigation in Nigeria include:
Old laws governing Criminal Litigation in Nigeria
• Criminal procedure Act (CPA) and Criminal Procedure Laws of the various States
• Criminal Procedure Code (CPC) and Criminal Procedure Code Laws of the various states
• Criminal Procedure Code Act Cap 49, Laws of the Federation of Nigeria 1990;
Current Laws Governing Criminal Litigation in Nigeria
• The most relevant law for the criminal litigation across Nigeria today is the Administration of Criminal Justice Act (ACJA) 2015, the ACJA 2015 applies to federal courts and federal offenses, while many states have adopted their own versions of it (e.g., Lagos State has the ACJL).
• Evidence Act 2011; The Evidence Act 2011 contains rules of evidence that apply to both civil and criminal litigation before courts in Nigeria.
• Nigeria Police Act, 2020 this act repeals the Police Act Cap. p19 and serves as the primary legislation governing police operations and law enforcement in Nigeria.
• Additionally, the establishment acts of various security agencies like the National Security Agencies Act 2022, Armed Forces Act 2021, and Economic and Financial Crimes Commission (Establishment) Act, all complement the legal framework for law enforcement and national security, and other security-related laws.
Essential Required Skills for Litigation Practice
“The most successful litigators are not always the loudest or the most boisterous; they are the most curious, the most detail-oriented, the best prepared, and the most willing to outwork the opposing side.” To excel in litigation practice, litigator; a lawyer who venture into litigation practice must possesses some sacrosanct skills, thus;
• Legal Research and Writing Skills
• Oral Advocacy and Courtroom Skills
• Analytical and Critical Thinking Skills
• Knowledge of Court Procedure and Rules
• Client Legal Education.
• Time Management
Exploring Corporate Practice
Corporate practice is entirely connected with transactions. It involves handling a wide range of legal and business affairs. Lawyers in practice are mostly known to be “in-house counsel” who are employed by the company and handle its in-house legal affairs; they work behind the scene in order to prevent disputes, provided that commercial and economic life of modern society consists very largely of agreement. In other words, Corporate practice involves providing legal services to businesses, especially companies.
However, it’s essential to understand that there are different fields in the corporate space, Including; Finance, Oil and Gas, and Telecommunication, but specialization is the key to success. In Nigeria, Corporate practice is primarily governed by the Companies and Allied Matters Act (CAMA) 2020, which regulates corporate entities. For ease of reference:
“Section 1 of CAMA 2020 establishes the Corporate Affairs Commission (CAC) to oversee company registration and compliance”.
Key Aspects of Corporate Practice
• Corporate/Regulatory compliance: Corporate compliance refers to a company’s internal efforts to follow laws, regulations, standards, and ethical practices that governs business operations.
It involves creating policies and procedures to prevent defects in the company operation and to ensure meet up with ethical obligation. Regulatory compliance is focusing on adherence to the external laws, rules, guidelines set by government agencies, such as, Federal Inland Revenues Service (FIRS), Central Bank of Nigeria (CBN), and the Securities and Exchange Commission (SEC).
Their priority is to ensure businesses operate within the legal frameworks of the county, in order to prevent legal infraction and ensure corporate integrity.
• Merger and Acquisitions: Merger and Acquisitions (M&A) are strategic moves by corporations to enhance market expansion, market shares, diversify product lines, or achieve economies of scales. The legal practices surrounding M&A include; drafting of letter of intent (LOI), due diligence, negotiation of terms, post-merger integration (PMI) and regulatory approval.
• Corporate Financing: Corporate Financing involves the methods by which a corporation raises capital to fund its operations and growth. This includes equity financing through the issuance of stocks, debt financing via bonds and loans, and hybrid instruments like convertible bonds.
• Securities Regulation: Securities Regulation aims to protect investors, ensure fair and efficient markets, and facilitate capital formation.
• Insolvency and Bankruptcy: Insolvency and Bankruptcy laws provide a framework for dealing with financially distressed corporations, balancing the interests of creditors, shareholders, and stakeholders.
• Corporate Governance and Ethics Role of the Board of Directors: Corporate governance is the system by which companies are directed and controlled. The board of directors holds a sacrosanct role in corporate governance, acting as the governing body that oversees the corporation’s management and strategic direction. Their responsibilities include setting corporate policies, monitoring management performance, and accountability to shareholders.
• Shareholders’ Rights and Responsibilities: Shareholders are fundamental stakeholders in a corporation, possessing rights that empower them to influence corporate governance and hold the management accountable.
• International Perspectives: Corporate practices across different jurisdictions reveals significant variations influenced by legal traditions, economic environments, and regulatory frameworks. However, when foreign corporations operate in Nigeria, they are legally bound to adhere to Nigerian corporate laws, regardless of their home country’s legal system.
For example, companies from civil law jurisdictions like Germany and Japan prioritize stakeholder involvement and codified regulations, but their Nigerian subsidiaries must comply with local laws such as the Companies and Allied Matters Act (CAMA) 2020, taxation laws, and sector-specific regulations. This intersection of laws creates a demand for lawyers with dual expertise in both international corporate law and Nigerian legal frameworks to help multinational corporations navigate compliance challenges.
There are Various Laws That Governs Corporate Practice In Nigeria, such as;
• Companies Regulation 2021; The Regulations 2021 is made under the Companies and Allied Matters Act 2020. it makes provisions for CAC administrative processes and to clarify certain compliance requirements of the CAMA 2020.
• Investment and Securities Act (2024); This Act repealed the existing Investments and Securities Act 2007 and established a new market infrastructure and wide-ranging system of regulation of investments and securities businesses in Nigeria, especially in the areas of derivatives, systematic risk management, financial market infrastructure and Ponzi scheme and platforms. It is meant to establish the Securities and Exchange Commission as the apex regulatory authority for the Nigerian Capital Market.
• Nigerian Investment Promotion Commission (NIPC) Act; Nigerian Investment Promotion Commission was established by Nigerian Investment Promotion Act Chapter N117 Laws of the Federation of Nigeria 2004 to encourage, promote and co-ordinate investments in the Nigerian.
The Act essentially governs foreign investment in Nigeria. It establishes the Nigerian Investment Promotion Commission (NIPC) as a regulatory government agency responsible for encouraging and promoting investment in Nigeria by both domestic and foreign investors.
• The Immigration Act 2015/Immigration Regulation 2017; the Act enacted to enforce compliance on the part of foreigners wishing to undertake employment in Nigeria. By the Act and subsequent Regulations, every foreigner is required to obtain a residence permit issued by the Comptroller General of the Nigeria Immigration Service (NIS) before undertaking any employment in Nigeria. Foreigners seeking to reside in Nigeria must do so through the expatriate quotas granted to the company through the Federal Ministry of Interiors.
• The Company Income Tax Act: This Act is the principal law that governs the taxation of companies in Nigeria. CITA is a tax imposed on the profit of a company from all its sources and it is also imposed on foreign companies operating a business in Nigeria. Section (1) of the Act provides for the establishment and constitution of the Board whose operational arm shall be called the Federal Inland Revenue Service, while.
• Petroleum Profit Tax Act (PPTA); The Act governs the taxation of companies operating in the petroleum operations (upstream) sector of the economy. Under the Act, companies operating in the exploration and export of crude oil are exempted from CITA, as the companies must remit their taxes per the provisions of PPTA. And other related laws.
Essential Required Skills for Corporate Practice. For successful corporate practice, essential skills include;
• Research Skills
• Negotiation Skills
• Knowledge of Company Law
• Communication skills.
• Business awareness.
• Adaptability and Flexibility
• Financial Management
• Data Analysis
• Project Management
Career Path and Opportunities in Corporate and Litigation practice
The legal profession offers a vast array of opportunities, each capable of fulfilling your career dreams in unique and impactful ways. As an aspiring lawyer, one of the most crucial decisions you’ll face is whether to pursue litigation or corporate law. Both fields offer immense opportunities but require distinct skill sets, mindsets, and career goals.
If you’re passionate about advocacy, courtroom debates, and fighting for justice, litigation could be your ideal career path. This field is challenging but rewarding, allowing you to represent clients in legal fights and potentially make a difference in their lives.
Litigation teaches the fundamentals of law, giving you the opportunity to learn and grow from the ground up. However, patience is key—building a successful practice takes time, effort, and perseverance.
On the other hand, Corporate Law is a fast-paced field that focuses on advising businesses on matters such as contracts, mergers, and compliance. If you enjoy strategizing behind the scenes and solving complex problems, corporate law might be for you.
It offers a more structured environment and tends to involve long hours, but the exposure and growth opportunities are unparalleled. Success in corporate law requires commercial awareness and the ability to manage high-stakes projects. Most importantly financial reward while financial rewards can vary based on the area of law, a legal career is generally financially stable and can be lucrative over time.
Entry-level lawyers may not make as much initially, but with experience and expertise, salaries can grow significantly. High-demand sectors like corporate law, intellectual property, and litigation tend to offer higher salaries over time.
Also, The rewards beyond the paycheck, perhaps one of the most rewarding aspects of a career in law is the ability to make a difference. Whether you’re fighting for justice in the courtroom, shaping policy through corporate counsel, or advocating for vulnerable populations in public interest work, the legal profession provides ample opportunities to create positive change.
How to Decide Between Litigation vs Corporate Law?
• Reflect on your interests: Do you enjoy the thrill of courtroom battles or prefer negotiating deals behind closed doors?
• Gain exposure: Intern in both fields to understand how each one aligns with your aspirations.
• Consider your personality: Are you inclined to work in teams and deal with business strategy, or do you thrive on individual challenges and client advocacy?
Conclusion
Both litigation and corporate law are crucial to the legal ecosystem. In navigating a legal career, your choice depends on your passion, personality, and career goals. The choice between both fields in the legal profession is a significant decision for new wigs and law students. While litigation offers the thrill of advocacy, courtroom practice, and dispute resolution through the court system, on the other hand, corporate practice focuses on business transaction, compliance, and advisory roles.
Each field has its law and rules that govern and regulate its operation. Each path requires a unique skill set, continuous learning, and an understanding of the country’s legal landscape. Ultimately, both fields contribute to the legal system and provide opportunities beyond paycheck.
References
T Ajomo and A Adewale, Introduction to Nigeria Civil procedure (University of Lagos press 2010) ch 1
2 Constitution of the Federal Republic of Nigeria 1999 (as amended), s 6 (1)
3 Constitution of the Federal Republic of Nigeria 1999 (as amended), ch VII
4 See e.g., Supreme Court Rules 2024; Court of Appeal Rules 2021; High Court Civil Procedure Rules (Federal and States); National Industrial Court (Civil Procedure) Rules 2017
5 Administration of Criminal Justice Act 2015
6 Evidence Act 2011
7 Nigeria police Act
8 Companies and Allied Matters Act 2020, s 1.
9 A. A Sule, Understanding Corporate Legal Practice in Nigeria (Legal Insights Publishers 2023) pg. 43
10 Ibid 68
11 Ibid pg. 75
12 Investment and Securities Act 2024, s 2.
13 A.A Sule pg. 90
14 Ibid 95
15 Ibid 100
16 Companies and Allied Matters Act 2020.
17 International Journal of Law, Policy and Social Review.
18 Companies Regulations 2021.
19 Investment and Securities Act 2024.
20 NIPC Act, Cap N117 LFN 2004.
21 Immigration Act 2015.
22 CITA, Cap C21, LFN 2004, s 1.
23 PPTA, Cap P13, LFN 2004.
About the Author:
Ismail Abdrasheed is a driven law student at Ahmadu Bello University, Zaria, with a passion for legal writing. He offers a fresh perspective on complex legal issues, making them accessible and engaging for a broader audience. Beyond his legal studies, Ismail is a tech enthusiast, a dedicated legal researcher, and a skilled copywriter. You can reach him at 08163693382 or via email at [email protected].