JUDGEMENT! NBA V. ATTORNEY GENERAL OF THE FEDERATION - COURT SET ASIDE THE AMENDMENT OF THE RULES OF PROFESSIONAL CONDUCT BY THE THE AGF, AS ILLEGAL.

FHC/ABJ/CS/77/22 - Incorporated Trustees of The Nigerian Bar Association VS. Attorney General of Federation [AGF]. 

The Defendant's Preliminary objection was dismissed and the court delivered judgement in NBA's favour, as the court declared the amendment of the RPC wrong.

The court while delivering the Judgement reaffirmed that the General Council of the Bar has many members. An amendment of the RPC cannot be amended by an individual.

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, has been laid to rest today by the court.

The Legal Practitioners Act

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 the 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.”