NBA kicks over Malami’s attempt to reduce its powers

The Nigerian Bar Association (NBA) has kicked against the amendments to the rules of professional conduct for legal practitioners (RPC), 2007. 

The RPC sets out the professional duties of lawyers when dealing with clients, courts and their colleagues.

In an amendment by the office of the attorney-general of the federation (AGF), the requirement for the NBA stamp and seal on court processes was removed.

Before the amendment, lawyers were mandated to submit any document or letter to the court with a stamp and seal that was sold by the NBA.

But under the new provision, the use of the stamps is no longer necessary, giving room for non-lawyers to also submit court processes.

The development comes after some aggrieved lawyers pulled out of the NBA to form the New Nigerian Bar Association (NNBA).

The new group had written to Malami to inform him of its action but NBA said the group lacked legitimacy.

The factional NBA was formed as a result of the controversy that ensued after the NBA withdrew its invitation to Nasir el-Rufai, governor of Kaduna state, following a petition against him.

In a statement on Sunday, Olumide Akpata, NBA president, said there was no authorised approval for the amendments.

Akpata argued that due process was not followed, and urged lawyers to stick to the existing RPC.   

“I have seen and read Statutory Instrument No. 15 of 2020 (the “Instrument”), making the rounds on social media and which purports to amend certain provisions of the 2007 Rules of Professional Conduct for Legal Practitioners (RPC),” the statement read. 

“Since the Instrument was released, I have received numerous calls and messages from lawyers across the country seeking clarification and guidance on the purport of the Instrument.

“By virtue of the Instrument, the following provisions of the RPC are to be deemed deleted:

1. a) Rule 9(2), which relates to default in payment of practicing fees;
2. b) Rule 10, which relates to stamp and seal for legal practitioners;
3. c) Rule 11, which relates to mandatory continuing professional development;
4. d) Rule 12, which relates to the Annual Practicing Certificate for legal practitioners; and
5. e) Rule 13, which relates to the obligation to give notice of the commencement of legal practice to the branch of the Nigerian Bar Association (“NBA”) responsible for the jurisdiction in which the practice is located.

“The explanatory note to the Instrument suggests that it was done to bring the RPC into conformity with the provisions of the Legal Practitioners Act, the Law Officers Act, and the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“For the avoidance of doubt, the Legal Practitioners Act (as amended) confers the power to issue rules of professional conduct for legal practitioners, and any amendments thereto, on the General Council of the Bar (the “Bar Council”). The Bar Council comprises the Honourable Attorney-General of the Federation (“HAGF”), the Honourable Attorneys-General of the thirty-six states of Nigeria, and twenty members of the NBA. Consequently, the RPC and any amendments thereto may only be validly issued after it has been deliberated upon and approved at a properly convened meeting of the Bar Council.

 “As far as the NBA is aware, no notice convening a meeting of the Bar Council was issued to its elected representatives on the Bar Council and no meeting of the Bar Council was convened and/or held to deliberate on the Instrument. To that extent, our position is that no authority or approval was given for the amendment of the RPC. Consequently, the NBA maintains that the RPC has not been amended and enjoins all legal practitioners to remain calm and continue to conduct their affairs in the same manner as they did prior to the issuance of the Instrument.” 

Akpata said he is engaging the AGF on the issue and will provide further updates on the next steps. 

He said as part of the commitment of the current administration of the NBA towards the welfare and capacity building of members, they intend to propose certain amendments to the RPC that will be critical to the attainment of those objectives. 

He added, however, that in doing this, they would carry members along.