By Amb. Hameed Ajibola Jimoh, Esq.

ACArb. (Chartered Arbitrator), MTI Accredited Mediator, CGArb. (Global Peace and Conflict Resolution and Management Expert), FIGPCM, LPC, PC-WCM, FIMC, CMC, CMS and Notary Public for Nigeria

The Nigerian Bar Association-herein after referred to as NBA- made the NBA Mandatory Continuing Professional Development, Rules, 2025-herein after referred to as (MCPD), which repeal the NBA Mandatory Continuing Legal Education, Rules, 2008, (this new Rules) having been approved by the National Executive Council of the Nigerian Bar Association in 2025, and having been adopted on the 6th day of February 2025. PART VIII, Rule 11 (b) of the MCPD provides that ‘The NBA-ICLE shall not recognize credit awarded for attendance and participation in courses, lectures, seminars, workshops, and conferences on law, writing on the law and its practice in books or journals and newspapers, study towards professional qualifications, and any other means of acquiring legal professional knowledge and experience not approved by the NBA-ICLE.’. (Underlining is mine for emphasis). This paper is of the recommendation that NBA, through the ICLE MCPD, should grant automatic MCPD Credit Hours to each of the Muslims’ and Christians’ religious associations i.e. Muslim Lawyers’ Association of Nigeria (MULAN) and the Christian Lawyers’ Association of Nigeria (CLASFON) based on recognition, so that these two associations can award some credit hours CPD to any of their respective members that participates in their respective trainings, meetings, conferences, etc., as may be recognized by the NBA MCPD. This recognition if granted by the NBA, in my humble view, is in line with the provision and spirit of the Constitution of the NBA. Hence, this paper.

First and foremost, the objectives of the NBA ICLE MCPD are provided in Rule I (2) of the Rules as follows:

‘The purpose of Continuing Professional Development is to:

  1. regulate the activities in which a lawyer is required to participate in for the purpose of the CPD Programme of the Nigerian Bar Association, which includes:
  2. a) fix the number of credit hours of participation in the mandatory continuing professional development required of a legal practitioner;
  3. b) determine the types of activities and studies that are acceptable for earning the credit the mandatory continuing professional development required of a legal practitioner;
  4. c) determine persons that may be exempted from the requirements of the Programme;
  5. d) other matters which in the opinion of the Nigerian Bar Association are necessary for the proper operation of the Programme;
  6. e) accredit and approve lectures, seminars, workshops and conferences on law approved by the Nigerian Bar Association;
  7. f) approve writing on the law and its practice in books or Journals and Newspapers approved by the Nigerian Bar Association;
  8. g) approve study towards professional qualifications approved by the Nigerian Bar Association; and
  9. h) regulate other approved means of acquiring legal professional knowledge and experience.’.

I wish to observe that the MCPD is very important at this critical time of the legal profession. Continuous Legal Educational Development is very necessary in view of the various developments and the evolving areas of law. At various times, we as lawyers have been criticizing some laws as being ‘obsolete’, old and long-requiring a repeal as a result of their not being in tune with the current national, economic, legal, political, diversities, etc., developments. However, as those laws have become allegedly obsolete, the acquired skills acquired by a number of very senior lawyers too have become obsolete and the young lawyers too would be trained and tutored in line with such obsolete legal skills. Hence, the continuous legal education training does not leave any lawyer of any age out. The training has to be universal in the interest of professionalism. Furthermore, a number of laws have been evolving both nationally and internationally. In fact, other countries are evolving a number of laws and the only way for a lawyer to catch up with these laws is by a continuous professional educational development. Also, it is the nature of law that the law is not static. It keeps evolving i.e. developing from where it was to another higher level(s). Even crimes and criminals are not static rather evolving on a daily basis and criminals are devising new approaches to their criminalities. For instance, how easy will it be for a lawyer to handle or deal with transnational crimes that have evolved and continue to evolve without a training on criminology and transnational criminal laws (as an expert in those fields) in addition to his acquired regular local criminal laws trainings that he learned in his undergraduate level of education?! For instance, also: cybercrimes and new technologies are evolving; a lawyer would perform better professionally, if he has undergone a course or training in cybercrimes and new technologies laws to address and or handle and or prosecute cases of cybercrimes and technology crimes or computer related crimes as well as ‘SOCIAL MEDIA CRIMES’, among others. This signifies the importance of continuous legal education for lawyers. Ours as lawyers is a continuous reading and studying. We should not get tired of reading and studying for the betterment of our professionalism. Hence, I personally commend the NBA for this MCPD initiative! It is a great achievement and I humbly recommend and advise lawyers to co-operate and support the NBA in this regard.

Furthermore, Rule 3 of the MCPD provides for a five (5) credit hours that every lawyer shall earn in a year where it provides thus

‘A lawyer shall be certified as having satisfied the requirement of the CPD Programme if, and only if, during the relevant year he earns five (5) credit hours of participation in the Programme required under or pursuant to these rules or guidelines made by the Nigerian Bar Association.’.

Furthermore, Rule 5 of the MCPD exempts some categories of lawyers which does not include Muslims’ and Christians’ association lawyers thus

‘The following persons shall be exempted from the Rules’ requirements

  1. a) serving Judicial Officers
  2. b) retired Judicial Officers
  3. c) legal practitioners exercising full-time judicial functions.

In rare cases, upon a clear showing of good cause, the Board may grant a temporary exemption to a lawyer from the Mandatory Continuing Professional Development (“MCPD”) requirements, or an extension of time in which to satisfy them. Good cause for an exemption or extension may exist in the event of illness, financial hardship, or other extraordinary or extenuating circumstances beyond the control of the lawyer.’

Also, PART VIII – Rule 11 (a) of the MCPD provides for ‘Minimum Continuing Legal Education Requirement’ that every lawyer must earn thus

‘11. CPD Hours Required

  1. a) Except as provided by Rules 4, 5, and Rule 11, every lawyer enrolled in Nigeria shall be required to obtain a mandatory minimum of five (5) CPD Hours for each year and may attend seminars conducted by NBA-ICLE accredited institutions.’ In this provision, the Muslims’ and Christians’ religious associations i.e. Muslim Lawyers’ Association of Nigeria (MULAN) and the Christian Lawyers’ Association of Nigeria (CLASFON) are not included.

What to consider in the credit points are as stated at the closing part of paragraph 11 (b) of the MCPD which provides thus

‘NBA-ICLE activities shall earn a minimum CPD Hour(s) as per the table below. Provided however that the NBA-ICLE Board shall have the discretion to determine that a higher CPD Hours be awarded based on the legal content of each Programme, notwithstanding the CPD hours stated below. ‘.

It is worthy for me to note that these programme cover

‘Workshops, Seminars, Discourse, Lectures, Pro Bono Courses, NBA Annual General Conference, NBA Section and Fora Conferences, Locally Conducted Training Programmes, Approved presentations, Approved Formal Academic Study’ and the Board may periodically review the various approved activities for accredited Providers in accordance with the Legal Practitioners (Continuing Professional Development) Rules 2025 and the minimum CPD Hours(s) that can be earned.

Like I earlier in this paper stated, the challenge that calls for my attention by this paper is the provision of PART VIII, Rule 11 (b) of the MCPD which provides that

‘The NBA-ICLE shall not recognize credit awarded for attendance and participation in courses, lectures, seminars, workshops, and conferences on law, writing on the law and its practice in books or journals and newspapers, study towards professional qualifications, and any other means of acquiring legal professional knowledge and experience not approved by the NBA-ICLE.’.

Furthermore, under Schedule I of the MCPD,

“CPD year” means a calendar year beginning on the 1st of April to the 31st of March;

“Hours” means a numerical Hour of measurement that a legal practitioner accrues by participation in an approved Programme.

Now, in my humble submission and reasoning, if this provision of the PART VIII, Rule 11 (b) of the MCPD, were to be given an ordinary interpretation, Muslims’ and Christians’ Lawyers’ Association i.e. MULAN and CLASFON, shall be exempted from recognition by virtue of the MCPD. Whereas, these two associations respectively carryout series of continuous professional educational trainings, meetings, conferences, etc. as the NBA does, which the NBA ICLE-MCPD ought to recognize. Therefore, in my humble submission, these two Religious organisations enjoy a long-standing undeniable ‘recognition’ even with the NBA, which ought to make the NBA to recognize their professional continuous educational trainings, meetings, conferences, etc., as worthy of being accorded some credit hours a year as required by the MCPD. This recognition in my humble submission, is in line with the provision of Section 3 of the Constitution of the Nigerian Bar Association, 2015 (as amended in 2021)-herein after referred to as the Constitution- which provides that

‘the aims and objects of the Association shall be …

  1. Promotion of Cooperation between the Association and other National or International Law Organisations and such other bodies as may be approved by the National Executive Council.’

Finally, therefore, I am of the humble recommendation that the NBA should recognize MULAN and CLASFON automatic MCPD credit hours based on their respective recognition by the NBA. This would strengthen the longstanding professional relationship that exits between NBA and these two main religious professional associations of ‘LAWYERS’ who are also members of the NBA.

Email: hameed_ajibola@yahoo.com     08168292549.

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