Again, SANs divided as Malami weakens NBA powers in new gazette

A new gazette by the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), which supposedly weakens the powers of the Nigerian Bar Association has caused division among some Senior Advocates of Nigeria and lawyers in the country.

Malami had amended the Rules of Professional Conduct for Legal Practitioners 2007, removing the requirement for the NBA stamp and seal on court processes.

Before now, membership of the NBA was compulsory for all lawyers and the stamps and seals were sold at N4,000 for 72 pieces and were given upon payment of NBA dues.

Without the stamp, a lawyer could not submit any document or letter to the court and the sale of the stamp and seal was one of the major sources of NBA’s revenue.

However, with the amendment of the process by Malami, the use of the stamps is no longer necessary. This also implies that persons who are not members of the NBA, including non-lawyers, are allowed to submit court processes.

The development occurred less than a week after a splinter group known as the New NBA, wrote a petition to Malami asking to be recognised by the Federal Government.

The gazette – marked S.I N0.15 of 2020 issued by AGF and dated September 3, 2020, which was obtained by Sunday PUNCH – reads in part, “In exercise of the powers conferred on me by section 12(4) of the Legal Practitioners Act Cap L11, LFN 2004 and of all other powers enabling me in that behalf, I, Abubakar Malami, SAN, Attorney General of the Federation and Minister of Justice and President, General Council of the Bar, make the following rules:

“The Rules of Professional Conduct for Legal Practitioners, 2007 is amended by deleting the following rules, namely: 9(2), 10, 11, 12 and 13.

“These rules may be cited as the Rules of Professional Conduct for Legal Practitioners (Amendment) Rules, 2020.”

The NBA had become factionalised last month following the decision of the association to withdraw its invitation to Kaduna State Governor, Mallam Nasir El-Rufai, who had been billed to speak at its Annual General Conference.

Thousands of persons, mostly lawyers, had called on the NBA to rescind its invitation to El-Rufai, who was accused of several cases of human rights abuse and being unable to address the killings in southern Kaduna.

Following the decision of the NBA to rescind its invitation to the governor, several northern branches of the NBA boycotted the conference and interpreted the act as one based on religious and tribal considerations.

A group of mostly northern lawyers led by Nuhu Ibrahim and Abdulbasit Suleiman subsequently set up the New NBA, otherwise known as the NNBA, and wrote a letter to the AGF asking the nation’s chief law officer to recognise the splinter group as a new association.

However, while some senior advocates and lawyers described Malami’s action as illegal, others disagreed.

The NBA spokesperson, Dr Rapulu Nduka, told one of our correspondents that the development was surprising, adding that the association was not carried along.

“We were not carried along and we will definitely ensure that it is reversed. We just woke up to the news of the amendment like every other person. We are consulting with stakeholders and we will make a decision on the next step,” he said.

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.

He said, “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.

“The stamp, which is a means of generating funds, helps in making the NBA self-sufficient so that it will not be running to politicians and non-lawyers 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.”

Also, a former Chairman of the National Human Rights Commission, Prof Chidi Odinkalu, described the AGF’s action as illegal.

In a series of tweets, Odinkalu said he was not surprised that Malami, “who has a penchant for disobeying court orders,” would not take such illegal action.

He said, “The Attorney General and Minister of Justice, Abubakar Malami, claims to have amended Rules of Professional Conduct in the legal profession under powers conferred by S.12(4l) of Legal Practitioners Act. We have a HAGF who can’t do basic due diligence.

“The only way to go is to totally disregard and ignore this alleged amendment by Malami. It does not exist and did not happen. It seems clear that Malami decided to go rogue on this – as on other things as he has on the disobedience of court orders – because he knows that he can’t get his proposal through the bar council. Few tragedies are as awful as an attorney general with no regard for the law.”

Also, a human rights lawyer, Inibehe Effiong, said the AGF’s action was “blatantly” illegal because the power to amend the rules was the exclusive preserve of the general council of the bar and not of one person.

“For him to unilaterally do this is outrageous. In any event, it seems no consultation was done. Leaders of the NBA were not properly consulted. For the AGF to do this just shortly after some renegade members of the bar petitioned him smacks of ill-motive and conspiracy. He is the worst AGF in history,” he said.

Effiong said, indeed, the NBA ought not to have commercialised the stamp and seal as it was exploitative. He, however, said the AGF should stop acting as if he was above the law. Punch