Condemnation Of Purported Amendment Of The Rules Of Professional Conduct By AGF, Malami, “Belated & Not Well Rooted In Good Faith”—J.S Okutepa, SAN

Senior Advocate of Nigeria and a member of the Body of Benchers, Mr. J.S Okutepa has stated that the wave around the purported amendment of the Rules of Professional Conduct by the Attorney General of the Federation, Abubakar Malami, is belated and laced with no good faith.

This is contained in a statement issued by the learned silk which was made available to TheNigeriaLawyer (TNL).

“I do no think we as members of the legal profession are consistent in our stand and condemnation of illegally and usurpation of functions particularly on the alleged amendments said to have been made to Rules of Professional Conduct in the Legal Profession 2007.

“This morning I woke up to read from social media that the Hon the Attorney General of the Federation has amended the Rules of Professional Conduct in the Legal Profession 2007.” He said.

Meanwhile, he noted that although he is yet to confirm the veracity of the news going around but however, the condemnation is late.

“I am yet to confirm this. But if the amendments done are indeed at the instance and by the Hon Attorney of the Federation, then I see the condemnation by some legal Practitioners as belated and not well rooted in good faith. The reason is simple.

As lawyers we must be consistent in our stand and positions. I had said before that the appropriate organ saddles with the duty and responsibility to issue and make the Rules of Professional Conduct in the Legal Profession is the General Council of the Bar pursuant to section 12(4) of the Legal Practitioners Act as amended by law No 21 of 1994.” He said.

However, he stated that the 2007 Rules was issued by the AGF as it confers more financial advantages on NBA.

“The 2007 Rules was issued by the Hon Attorney General of the Federation. Those who care to read the Rules can see the preamble to the Rules wherein it was expressly stated to have been issued by the Hon the Attorney General of the Federation.

“Because that Rules conferred more financial advantages on our Association NBA, nobody took my stand and few other lawyers serious when we spoke that the Rules was not issued in accordance with due process of law.” He said.

Furthermore, he stated that he was part of the people that led prosecution of unprofessional conduct of Lawyers.

“I recall Prof Ojukwu SAN speaking on this at one NBA functions. Under the 2007 Rules, I had the privilege to lead the prosecution of lawyers who committed Professional misconduct and some were debarred and some suspended from practice.” He said.

“As lawyers, we collectively led the office of the Hon the Attorney General of the Federation to believe that it has power and duty to issue the Rules. What is the hullabaloo on the alleged amendments said to have been made by the Hon the Attorney General of the Federation then for. Did we not use the old one made by the HAGF.” He added.

In addition, he stated that Lawyers have equally encouraged encroachment of powers in this regard.

“I read the statement of my very good learned friend Mazi Afam Osigwe. Beautiful. I respect his views. He captures well the position of law. But beyond this beautiful position of law, did we as lawyers, not the ones that has encouraged this usurpation of functions and powers over the years.

“Where were the eagle eyes of the legal profession gone to when the previous Rules that conferred a financial advantage on our Association was being used. Have we not over the years accepted as correct wrongs and rots in our profession.” He said.

“I do not want to think and believe that it is because the amendment if true is attracting our pious and eagle eyes now because it is likely to deny our association financial benefits.” He added.

Finally, he stated that members of the profession must be consistent in challenging illegalities.

“We must be consistent in what we do and challenge illegality and usurpation of powers even when such usurpation is to our professional Association advantage. It is then I can follow properly. For now we are estopped from challenging the power of AGF to issue us new Rules. Am just trying to make sense.” He concluded.