*Flags “CPD, Licensing, Stamps Route Through NBA Creates Pay-to-Practice Triad”

A coalition of legal practitioners known as the Advocacy for Bar Licence Freedom (ABLIF) has called on the Senate Committee on Judiciary, Human Rights and Legal Matters to overhaul the controversial Legal Practitioners Bill, 2025 (SB. 965), warning that its current draft would entrench an “unconstitutional monopoly” for the Nigerian Bar Association (NBA) over the regulation of the legal profession.

In a detailed 12-page memorandum submitted on December 4, 2025, to the committee at the National Assembly in Abuja, ABLIF described the bill as a “fundamentally flawed” attempt to retroactively legitimize the NBA’s alleged overreach into public regulatory functions. The group, comprising lawyers from across Nigeria, argued that vesting powers such as licensing, mandatory continuing professional development (CPD), and issuance of stamps and seals in the NBA – a private voluntary association – violates Section 40 of the 1999 Constitution, which guarantees freedom of association.

“This Bill hands a private body the power to decide who may work, under what conditions, and subject to what financial burden,” the memo states. “Regulation of a profession… is a public function which must be exercised by the state itself or by a neutral statutory regulator, not by a private association governed by its own internal constitution and politics.”

ABLIF’s submission comes amid escalating tensions within Nigeria’s legal community. The group said it had repeatedly engaged the NBA on issues like compulsory CPD, practice licenses, and stamp-and-seal controls, viewing them as lacking legal basis and amounting to “overreach by a private association.” When those efforts failed, ABLIF filed a lawsuit in November 2025 at the Federal High Court in Abuja (Suit No. FHC/ABJ/CS/2241/2025: Christabel Zoe Ayuk, Esq. & 11 Ors. v. Incorporated Trustees of the Nigerian Bar Association & 4 Ors.). The suit challenges the delegation of public functions to the NBA and seeks an injunction against extra-statutory conditions for practicing law.

The memo accuses the bill of attempting to “retroactively legalise the very practices which are subject to ongoing constitutional challenge,” potentially inviting “prolonged litigation” if passed unamended.

ABLIF outlined five “core defects” in the bill, framing them as threats to constitutional freedoms, fair competition, and public interest:

  1. NBA as Monopoly Regulator: Sections 26, 28, and 29 route CPD, licensing, and stamp-and-seal controls through the NBA, transforming it from a “voluntary professional association” into a de facto state enforcer.
  2. Attack on Freedom of Association: By making NBA structures mandatory for practice, the bill compels lawyers to join or fund the NBA against their will, sidelining alternative groups like faith-based or specialized associations. “This is a textbook conflict of interest and a clear violation of the spirit and letter of Section 40,” the memo asserts.
  3. The ‘Pay-to-Practice’ Triad: An “inescapable” system ties CPD credits (Section 26), license renewals (Section 28), and document validation (Section 29) to NBA fees and programs. Failure to comply bars lawyers from practicing, creating a “coercive compliance regime” that hikes costs and stifles innovation.
  4. Unconstitutional Delegation: Section 28(5) lets the NBA issue receipts for fees payable to the Supreme Court Registrar, blurring public revenue lines and enabling abuse.
  5. NBA Grip on Oversight Body: Despite establishing the Body of Benchers as the central regulator (Section 4), NBA nominations ensure its dominance, undermining neutrality.

The coalition emphasized that while it supports CPD as a tool for “continuous learning, competence, and high professional standards,” it should be “advisory” and pluralistic – not a “punitive and commercial instrument” linked to licensing.

To salvage the bill, ABLIF proposed targeted amendments, including:

  • Making CPD “advisory” and accrediting providers through neutral bodies like the Body of Benchers.
  • Shifting licensing and stamp-and-seal issuance to public offices, such as the Chief Registrar of the Supreme Court.
  • Inserting a “pluralism clause” to recognize multiple bar associations and ensure proportional representation on regulatory bodies.
  • Curbing vague rule-making powers to prevent “burdensome conditions” without parliamentary oversight.

These changes, the group argued, would lower legal service costs, foster competition, and amplify dissenting voices, ultimately benefiting ordinary Nigerians seeking affordable justice..

Advocacy for Bar Licence Freedom (ABLIF)

ABLIF’s national convener, Hameed Ajibola Jimoh, Esq., and national secretary, Christabel Zoe Ayuk, Esq., signed the document, enclosing copies of the lawsuit’s originating summons and injunction motion. The group has requested an oral presentation at the bill’s public hearing.

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