Lawyer Drags AGF, Malami To Court Over RPC Unilateral Amendment, Asks Court To Declare It Unlawful

A Port Harcourt based legal practitioner and a human rights activist, Samuel Amatonjie, Esq. has sued the Attorney-General of the Federation at the Federal High Court, Port Harcourt Division in suit no. FHC/PH/CS/142/2020 over the issuance of Statutory Instrument No. 15 of 2020 amending rules 9(2), 10, 11, 12 and 13 of the Rules of Professional Conduct for Legal Practitioners 2007. 

The human rights activist has prayed the Court for a declaration and an order setting aside the instrument, that the Attorney-General of the Federation, Abubakar Malami, SAN does not have the Statutory power to issue same.

The human rights activist in his Originating Summons posed one question for determination which is: “whether on proper interpretation and construction of the provisions of Section 1(1), (2), (3) and (4), Section 11(4) and Section 12(4) of the Legal Practitioners Act Cap. L11 LFN 2004, the 1st Defendant, the Attorney-General of the Federation can unilaterally via Statutory Instrument No. 15 of 2020 (without the meeting and approval of the General Council of the Bar) amend the Rules of Professional Conduct for Legal Practitioners, 2007.”

Premised on the determination of the above question in the negative, the human rights activist as plaintiff claimed the following reliefs:-

1. A DECLARATION that the Defendants and in particular the 1st Defendant, the Attorney-General of the Federation cannot unilaterally and with a meeting and approval of the General Council of the Bar amend the Rules of Professional Conduct for Legal Practitioners, 2007.

2. A DECLARATION that the purported unilateral amendment of the Rules of Professional Conduct for Legal Practitioners 2007 via Statutory Instrument No. 15 of 2020 which deleted Rules 9(2), 10, 11, 12 and 13 of the Rules of Professional Conduct for Legal Practitioners 2007, issued by the 1st Defendant, the Attorney-General of the Federation on the 3rd day of September, 2020 without a meeting and approval of the General Council of the Bar is void ab initio, unlawful and of no effect.

3. AN ORDER setting aside the purported Statutory Instrument No. 15 of 2020 which unilaterally amended Rules 9(2), (10), (11), (12) and (13) of the Rules of Professional Conduct for Legal Practitioners 2007, issued by the 1st Defendant, the Attorney-General of the Federation on 3rd day of September, 2020.

4. AN ORDER of perpetual injunction restraining the 1st Defendant, by himself, servants, privies or agents or howsoever called from further carrying out any unilateral amendment on the Rules of Professional Conduct for Legal Practitioners 2007 without a meeting and approval of the General Council of the Bar as Statutorily required.

The suit though pending before the Honourable Court is yet to be fixed.