*Says NBA Lacks Locus Standi To Challenge Amendment and Did Not Comply With Evidence Act

The Attorney General of the Federation and Minister of Justice, Abubabkar Malami SAN has prayed the Federal High Court to dismiss a suit instituted by the Nigerian Bar Association through its Section of Legal Practice challenging the amendment of the Rules of Professional Conduct for Legal Practitioners by the AGF.

The Nigerian Bar Association had dragged the AGF before the Federal High Court, Abuja, seeking a declaration nullifying the recent amendment made to the RPC by the AGF. According to the Originating Summons filed on the 24th of January, 2022, the RPC was amended via a unilateral decision of the AGF contrary to due process of law.

In his response to the suit, the AGF asked the Court to dismiss the suit and endorse the RPC as duly amended as it was amended by a quorum of the General Council of the Bar. They AGF further claimed that the NBA lacks the locus standi to contest the legality of the amendment.

According to the AGF, an invitation was sent to all members of the General Council of the Bar and some attended the meeting where the amendment was ratified. Subsequently any decision arrived at the meeting where a member is voluntarily absent is binding on all members as the quorum was provided in subsection 4 of section 1 of the LPA.

The AGF further contended in his written address that he only did what he is statutorily empowered to do strictly within the confines of the Law as the Chief Law Officer of the Federation and the President of the General Council of the Bar

In the written address in opposition to the plaintiff’s originating summons, the AGF argued that “The plaintiff commenced the suit without averting his mind to the fact that he is not a member of the General Council of the Bar and as such cannot challenge what they deliberate on in their meetings and whatsoever he said amounts to hearsay and the Plaintiff has no Locus to institute this action.”

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