A 36-year veteran of the Nigerian Bar, Ubong Esop Akpan, has approached the Federal High Court in Abuja seeking a landmark declaration that the Nigerian Bar Association’s (NBA) Mandatory Continuing Professional Development (MCPD) rules are unlawful, unconstitutional, and should not restrict his right to practice law in Nigeria.
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The originating summons, dated September 8, 2025, names the Incorporated Trustees of the NBA, the General Council of the Bar (Bar Council), the Chief Justice of Nigeria, and the Chief Registrar of the Supreme Court as defendants. Akpan contends that the MCPD rules are ultra vires, unconstitutional, and constitute an unlawful barrier to the practice of law.
Akpan, whose Supreme Court call number is SCN012906, argues that the MCPD framework which requires lawyers to earn at least five annual credit hours and secure an NBA-issued Annual Practicing Certificate exceeds the statutory bounds set by the Legal Practitioners Act (LPA) of 2004. Despite paying his 2025 practicing fees to the Chief Registrar, he claims the NBA’s requirements unlawfully condition his right to practice on compliance with rules not grounded in statute.
The suit raises five pivotal questions for the court:
- Validity of RPC Rule 11(1): Whether the 2007 Rules of Professional Conduct, as amended, can lawfully mandate CPD participation as a condition for practice beyond the LPA’s enrollment requirement.
- Enforceability of MCPD Rules 2025: Whether Rules 3 and 23, which require five annual CPD hours and an NBA certificate, are valid given the absence of Bar Council enactment and Chief Justice approval, and their conflict with Section 8 of the LPA.
- Limits of Subsidiary Legislation: Whether rules like the RPC and MCPD can restrict statutory rights without explicit authorization from the enabling statute, citing precedents including Afolabi v. Gov. of Oyo State (1985), Gov. Oyo State v. Folayan (1995), and INEC v. NNPP (2023).
- Constitutional Infringements: Whether the CPD and NBA certificate mandates violate Akpan’s rights to access courts and fair hearing under Sections 17(2)(e) and 36(6)(c) of the 1999 Constitution.
- Disciplinary Overreach: Whether deeming non-compliance as professional misconduct exceeds the powers of the Legal Practitioners Disciplinary Committee under Section 10 of the LPA.
Supporting Affidavit
In his affidavit, Akpan asserts: “I am entitled to practice as a barrister and solicitor in Nigeria” upon payment of statutory fees. He attached his Call Certificate and 2025 practicing fee receipt, alongside copies of the NBA’s incorporation documents, the Rules of Professional Conduct, the MCPD Rules, and the NBA-ICLE CPD Guide, highlighting provisions that bar court appearances without CPD compliance.
Akpan’s legal team, led by counsel Ikenna Emeh, emphasized that the rules contravene Section 12(4) of the LPA, which requires enactment by the Bar Council and approval by the Chief Justice of Nigeria—procedures the NBA allegedly bypassed.
Reliefs Sought
The suit seeks ten reliefs, including:
- Declaration that RPC Rule 11(1) and MCPD Rules 3 and 23 are null and void.
- Declaration that subsidiary rules cannot limit LPA Section 2(1) rights without statutory authority.
- Perpetual injunctions barring the NBA from enforcing CPD or certificates as conditions for practice.
- An order directing the Chief Registrar to issue Akpan’s 2025 practicing certificate solely on payment of fees.
- Setting aside any prior NBA refusals of practice rights due to non-compliance.
- Costs and any further orders deemed appropriate by the court.
Defendants have been directed to enter appearance within 30 days, with a warning of default judgment for non-compliance.
ORIGINATING SUMMONS UBONG AKPAN V NBA_2025-09-25The suit intensifies scrutiny of NBA regulations, following a July 2025 legal challenge by another lawyer against MCPD constitutionality. The NBA maintains that participation in CPD programs is “non-negotiable,” asserting it ensures professional competence among over 130,000 enrolled practitioners. Critics argue the framework raises accessibility concerns and imposes excessive regulatory burdens.
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