NBA, Malami draw battle lines over new rules on stamps
From Adelanwa Bamgboye, Lagos & John Chuks Azu
The Nigerian Bar Association (NBA) and the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) are heading for a show down over the new Rules of Professional Conduct (RPC) brought to effect by Malami.
The NBA has insisted that it will not recognize the new Rules of Professional Conduct (RPC) recently gazetted by the federal government through the office of the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN).
Controversy has trailed reports that the AGF amended the RPC removing the requirement to affix the NBA stamp and seal on court processes and other documents prepared by lawyers.
While reacting as to whether the NBA has reviewed its position on the issue, the association’s Publicity Secretary, Dr Rapulu Ernest Nduka said the decision of the NBA on the Stamp and Seal stands, adding that “the operative RPC is the 2007 RPC.”
This reechoes the statement by the NBA President, Olumide Akpata that the association does not recognize the new rules.
“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,” he said.
The stamp and seal were sold for 72 pieces and were given upon payment of NBA annual practicing dues, thus addressing the problem of quacks in the legal profession.
The amended RPC 2020 specifically deleted the following rules, namely: 9(2), 10, 11, 12 and 13, which implies the removal of the requirement for the NBA stamp and seal, which was also a source of revenue for the association.
It was gathered that the major point of the sharp division amongst lawyers in the country over the amendment of the Rules of Professional Conduct for Legal Practitioners 2007 is that the amendment did not follow due process.
This development is also coming following the petition by a splinter group of lawyers known as New NBA to the AGF, Malami asking to be recognised by the federal government. The action started after the NBA in August disinvited Governor Nasir El-Rufai of Kaduna State Governor as a speaker at its 60th Annual General Conference (AGC).
A human rights lawyer, Ebun-Olu Adegboruwa (SAN) said Malami ought to have consulted widely before making the move, which he said would greatly affect the revenues of the NBA. He, however, said it was unlikely that the AGF had taken sides with the splinter NBA group.
Adegboruwa also said once the seal and stamp were no longer used, the development could lead to an increase in the number of fake lawyers in the country.
“The issue of stamp and seal has helped in removing fake lawyers from our midst and I think it will serve as a setback if you go back to that regime when you cannot identify a lawyer through his processes. As we speak, other professionals like engineers, surveyors are embracing stamp and seal as a way of identifying their members,” he said.
“The stamp, which is a means of generating funds, helps in making the NBA selfsufficient so that it will not be running to politicians and nonlawyers to raise funds. Even though, I agree that the AGF as the President of the General Council of the Bar has powers to make regulations, but he ought to consult with those who are affected, namely the NBA, the Body of Senior Advocates and even judges because we are all in the same profession.”
Professor Chidi Odinkalu said the AGF does not have any powers under Section 12(41) of the Legal Practitioners Act, while calling on him to do due diligence.
“The power to ‘prepare and from time to time revise a statement as to the kind of conduct which the Council considers to be infamous conduct in a professional respect’ created in Section 11(4) of the Legal Practitioners Act belongs to the Bar Council not the HAGF,” he said.
Human rights lawyer, Femi Falana (SAN), said although he agreed that the AGF’s action was illegal, “it is good riddance to bad rubbish.”
“The NBA is a victim of impunity it nurtured to grow and develop. I have always opposed the stamp and seal because it was meant to restrict access to the temple of justice. Why must every court process be stamped by a lawyer when litigants have the constitutional rights to either appear for themselves or be defended by legal practitioners of their choice? In the Second Republic, the late Professor Ayodele Awojobi, a mechanical engineer, was the leading public litigator in the country. As a layman, he prepared and argued his own cases from the
High Court up to the Supreme Court,” he said.
“However, I agree with some of my colleagues who have argued that the amendment is illegal as it was not enacted by the General Council of the Bar. With respect, the argument is rather contradictory because the NBA was very happy when the 2007 Rules of Professional Conduct were enacted by the then AGF on behalf of the General Council of the Bar without any meeting. That was how every lawyer was compelled to affix the stamp and seal to all processes signed by lawyers. It had nothing to do with enhancing the quality of justice but designed to enrich the NBA.”
Falana added that “our colleagues must stop playing the ethnic card of the reactionary elite.”
Jubrin Okutepa (SAN) said both the manner of introduction of the stamp and seal through the amendment of the Rules of Professional Conduct for Legal Practitioners by the then AGF in 2007 and the removal of the same provisions via another amendment by the incumbent AGF in 2020 followed the due process of law.
“If in 2007, the then AGF issued the RPC without passing through the General Council of the Bar, which is the body that is statutorily empowered to make rules, and lawyers opened their eyes wide and accepted it, because the rules benefitted the Nigerian Bar Association, because of the money that was to be paid for stamp and seal, how do they now wake up to condemn an amendment by the AGF removing the payment of money and say it is illegal?” he asked.
On his part, Chief Adeniyi Akintola ( SAN) said there were consultations leading to the amendment carried out by the AGF but not far reaching enough.
“He (the AGF) is the Chairman of the General Council of the Bar and I am a member. If you are a member and you don’t attend meetings, can you blame the other members who take decisions? You can consult members of the General Council of the Bar.
“It (removal of stamp and seal) was a good intention but it was making too much money available to the national and branch officers. Because of the money, some lawyers have stopped going to court. If there is anything that will stem this tide, at least, it should be welcomed”, he said.
It was gathered that the major point of the sharp division amongst lawyers in the country over the amendment of the Rules of Professional Conduct for Legal Practitioners 2007 is that the amendment did not follow due process.