A Nigerian lawyer, Amb. Hameed Ajibola Jimoh, Esq., has formally requested the Chief Registrar of the Supreme Court to clarify whether the Nigerian Bar Association (NBA) or the Supreme Court is statutorily mandated to collect practicing fees from lawyers, issue payment receipts, and publish the list of compliant legal practitioners under the Legal Practitioners’ Act (LPA), 2004.
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In a letter sightled by TheNigeriaLawyer dated June 23, 2025, Jimoh argues that the NBA, a private association, has unlawfully assumed these functions, potentially usurping the Chief Registrar’s exclusive powers and depriving the Supreme Court of significant internally generated revenue (IGR).
Jimoh’s request was prompted by two notices from the NBA’s Institute of Continuing Legal Education (NBA-ICLE) on June 11, 2025, mandating lawyers to fulfill five Continuing Professional Development (CPD) requirements to obtain a practicing license and NBA stamps for the 2026 legal year.
The notices, annexed as exhibits in his letter, cited Rule 23 of the 2025 NBA Mandatory Continuing Professional Development (MCPD) Rules and Rule 12(3)(a)-(b) of the 2023 Rules of Professional Conduct (RPC), stating that non-compliance would bar lawyers from practicing, signing legal documents, or using NBA stamps.
The notices alarmed Jimoh, who questioned the NBA’s authority to enforce such requirements. “I became confused as to who between the Chief Registrar of the Supreme Court and the NBA is statutorily mandated to collect practicing fees and issue licenses,” he wrote, prompting his appeal for clarification.
Jimoh contends that the LPA exclusively empowers the Chief Registrar of the Supreme Court to collect practicing fees, issue receipts, and publish an annual list of lawyers who have paid, which serves as their practicing license. He cites Section 8(2) of the LPA, which mandates lawyers to pay practicing fees to the Registrar (defined as the Chief Registrar under Section 24) to gain the right of audience in courts. Section 8(4)(b) further requires the Registrar to print and sell a list of compliant lawyers, a function Jimoh claims no Chief Registrar has fulfilled.
He argues that the NBA’s collection of fees and issuance of licenses, as implied in the NBA-ICLE notices, is ultra vires, as the LPA does not delegate these powers to the NBA or any other entity. Jimoh also asserts that the Supreme Court loses substantial IGR from the sale of these lists, estimating N200 million annually if 200,000 lawyers pay N1,000 each for the list, revenue he insists is not shareable with the NBA.
Jimoh challenges the validity of the NBA’s reliance on Rule 23 of the 2025 MCPD Rules and Rule 12(3)(a)-(b) of the RPC, arguing they are subsidiary legislations that cannot override the LPA. Citing cases like Ewete v. Gyang (1997) and Gov. Oyo State v. Folayan (1995), he submits that subsidiary laws inconsistent with the parent statute are void. “The NBA’s attempt to take over the Chief Registrar’s duties is ultra vires,” he writes.
Jimoh urges the Chief Registrar to comply with Section 8(4)(b) of the LPA by resuming direct collection of practicing fees, issuing receipts, and publishing the list of compliant lawyers, which he equates to a practicing license. He requests that the Supreme Court charge lawyers for accessing this list to generate IGR, emphasizing that past Registrars have failed to fulfill this mandate. “It is now appropriate for the Chief Registrar to comply forthwith,” he states.
The NBA has defended its MCPD Rules as aligning with global best practices to ensure professional competence and explained that the mandatory CPD requirement is not a new or arbitrary policy but is enshrined in the Rules of Professional Conduct (RPC), specifically Rules 11 and 12. Under these rules, lawyers must participate in accredited courses, seminars, workshops, and other approved educational activities annually to remain eligible to practice law.
But critics argue they impose additional financial and administrative burdens. The Supreme Court’s historical non-compliance with publishing the LPA-mandated list has allowed the NBA to fill the vacuum, a practice Jimoh seeks to end. His letter, copied to the Chief Justice of Nigeria, signals an intent to escalate the issue if unresolved.
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