Can the AGF
“THE AGF BY IMPLICATION, HAS INDICATED THAT THE PURPOSE OF THE AMENDMENT IS TO BRING THE RULES IN CONFORMITY WITH THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, WHICH CLEARLY GUARANTEES FREEDOM OF ASSOCIATION ...... ”
The controversy arising from the purported unilateral amendment of the Rules of Professional Conduct for Lawyers 2007 (RPC) by the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, is not likely to die down soon. There have been arguments and counter-arguments as to who has the authority to amend the rules, and whether due process was followed, especially given the fact that the immediate developments leading to the decision to amend the rules are rather uncomplimentary and unsavoury. There are allegations that the decision arose from questionable motives, where Lawyers from a section of the country purportedly sought to create a splinter group. Others allege that, what some perceive to be the undesirable outcome of the just concluded NBA elections, could also be responsible for the purported amendments. These are the issues addressed in this Crossfire between Dr. Kayode Ajulo, Sylvester Udemezue, Oliver Omoredia and Raymond Nkannebe
It is Uncharitable to Crucify AGF on the Purported Amended RPC for Lawyers ‘The AGF Consulted Before Amending’ - Dr Kayode Ajulo
There is no doubt that recent incidents in the Nigerian Bar Association which include the formation of facsimile bodies of legal practitioners, seem to reveal that the NBA is going through a turbulent and unprecedented time. These developments have generated hues and hubris, from different quarters and strata. What seems to be the last straw that broke the camel’s back, is the amendment of the some provisions of the Rules of Professional Conduct for Legal Practitioners (RPC) by the Attorney-General of the Federation (AGF). Needless to say that the air is thick with raging, reactions, reprimands, all kinds of anathema and diatribe from political pundits, lackeys and constitutional legal minds. This is looking very much like another season of imperceptibleness, for the noble profession.
The Legal Practitioners Act However, in order not to throw out the baby with the bath water, and without prejudice to the rationale for the amendment of the Rules by the AGF, it is important to pensively consider the powers so conferred on him by virtue of Sections 1 and 12(4) of the Legal Practitioners Act and other relevant provisions.
Section 1 of the Legal Practitioners Act 2004 as amended, establishes the General Council of the Bar. By virtue of Section 1 of the Act, the quorum of the Bar Council shall be eight, and the Council may make standing orders regulating procedure and proceedings of the Council. The composition of the General Council of the Bar includes the Attorney General of the Federation as the President, the Attorneys-General of the States, and twenty members of the Bar.
One of the functions of the General Council of the Bar as indicated in Section 12(4) of the Legal Practitioners Act, 2004, is as follows:
“It shall be the duty of the Bar Council to make rules from time to time on professional conduct in the legal profession and cause such rules to be published in the Gazette and distributed to all the branches of the Association”.
Consultations Be that as it may, my attention has been drawn to the statements accredited to the President of the Nigerian Bar Association, to the effect that there were no consultations or notice to the members of the Association by the AGF, prior to the purported amendment of the Rules of the RPC.
Contrariwise, Niyi Akintola, SAN, who is a member of the General Council of the Bar has corrected the said notion, by stating that consultations were duly made by the AGF prior to the amendment of the Rules.
It is therefore obvious that, the allegations that the lawful and exclusive authority and powers of the General Council of the Bar, have been so unabashedly usurped by the unilateral action of the AGF, are unfounded. They have been duly faulted by the assertions and confirmation by the Learned Silk, to the effect that consultations were made prior to the amendment of the Rules.
For the sake of clarity and completeness, I must place on record, pronto, that as stated earlier, Section 1 of the Legal Practitioners Act provides that the quorum of the meeting of the General Council of the Bar shall be eight. It therefore, presupposes that the only persons with the toga to fault the AGF’s decision, particularly the statements of Niyi Akintola, SAN as to failure of some members to attend meetings, are members of the General Council of the Bar present at the meeting.
It is apposite in the instance, to also add that, I find it quite amusing and uncharitable that a lot of commenters are mistaken and misled by speculations. It is no surprise the spectators/observers, are mostly excited.
Whereas, the insiders know better, it is about politics and law, as in perception and reality.
The AGF by implication, has indicated that the purpose of the amendment is to bring the Rules in conformity with the Constitution of the Federal Republic of Nigeria, which clearly guarantees freedom of association, and there have been agitations for several decades on the need to disband the monopoly wielded by the NBA, which I strongly believe is a step in the right direction.
Moreso, hundreds of facsimile Bar Associations such as the Christian Lawyers Fellowship of Nigeria (CLASFON), Muslim Lawyers Association of Nigeria (MULAN), Egbe Amofin, the Nigerian Lawyers Association (NLA), Association of Lawyers with Disabilities in Nigeria and many more exist. One is therefore, left with an unresolved question as to the reason for the repartee and backlash against the person of the AGF for allegedly amending the Rules of Professional Conduct, on the heels of tribalism and ethnic favouritism.
Prophecies It can be recalled that, I had foretold it - that until the RPC is amended, the AGF does not have the power to whittle down the enormous monopoly of power wielded by the Nigerian Bar Association. I also indicated that, the day that NBA is registered as incorporated trustee, is when it loses its monopoly. It is needless to state that, my prophecies have come to pass and the chicken has come home to roost for the NBA. Nobody should blame the AGF for exercising the powers of his office.
Conclusion I am compelled to admonish that, as Ministers in the Temple of Justice and as members of this noble and sophisticated profession, Lawyers are supposed to be bound by a code of conduct, embracing courtesy and chivalry which are the founding tenets of this noble profession, rather than raising arguments frivolously frittered on the altar of making needless points and raising banters like market women.
Perhaps, we should look inward and strategise on ways to ensure the unity of the profession, rather than allowing unfounded assumptions to pummel and pulverise the labours of our founding fathers.