The Federal High Court sitting in Abuja has delivered a landmark judgment striking down provisions of the Nigerian Bar Association’s Rules of Professional Conduct (RPC), 2023, and the Mandatory Continuing Professional Development (MCPD) Rules, 2025, to the extent that they impose additional conditions on a legal practitioner’s right of audience in court.
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Delivering judgment on Tuesday in Suit No. FHC/ABJ/CS/1238/2025: Victor Ozioma Nwadike v. Nigerian Bar Association, the General Council of the Bar & the Attorney-General of the Federation, Justice Mohammed Umar held that the Nigerian Bar Association (NBA) lacks the power to add to, vary, or alter statutory requirements governing a lawyer’s right to practise law in Nigeria.
Justice Umar ruled that the Legal Practitioners Act, Cap L11, Laws of the Federation of Nigeria 2004, is the principal and exhaustive legislation governing a lawyer’s right of audience in any court in Nigeria.
The court declared that neither the NBA nor the General Council of the Bar has the statutory power to impose additional requirements not contained in the Legal Practitioners Act as conditions for a lawyer’s right to appear in court.
Justice Umar specifically set aside and nullified the provisions of the Rules of Professional Conduct for Legal Practitioners, 2023, and the NBA’s Mandatory Continuing Professional Development Rules, 2025, to the extent that they sought to add to, alter, or vary the conditions for a legal practitioner’s right of audience as prescribed under the Act.
The court ruled that while professional regulation and continuing legal education are important, such regulations must remain subordinate to existing statutes, particularly the Legal Practitioners Act, which exclusively governs the qualifications and conditions for legal practice.
Justice Umar consequently set aside aspects of the RPC 2023 and MCPD Rules 2025 that tie compliance with Continuing Professional Development (CPD) points to the renewal of practice licences, issuance of NBA stamps and seals, or a lawyer’s right to appear before courts.
The court further restrained the defendants from enforcing or implementing any policy requiring MCPD compliance as a condition for a lawyer’s right of audience in any Nigerian court.
The plaintiff, Victor Ozioma Nwadike, had challenged the MCPD regime, arguing that it unlawfully imposed additional barriers on lawyers beyond those prescribed by statute, thereby infringing on their constitutional and statutory rights.
In its judgment, the court agreed, holding that the NBA cannot, through subsidiary regulations, introduce conditions that effectively restrict access to the courts or the right to practise law.
However, the court declined to order the NBA to refund monies paid by lawyers to third-party providers in connection with the MCPD programme, and made no order as to costs.
The judgment is expected to have far-reaching implications for the legal profession in Nigeria, as thousands of lawyers had been required to complete MCPD programmes and pay associated fees in order to maintain their ability to appear before courts.
Critics of the policy had long argued that it amounted to an unlawful restriction on the right to practise, given that the Legal Practitioners Act makes no such requirement.
The decision has significant implications for the enforcement of mandatory CPD requirements, particularly sanctions linked to NBA Stamp, court appearances, and practice eligibility, although other aspects of professional regulation were left intact.
The NBA has not yet issued a public response to the ruling.
The full judgment is expected to be circulated, while parties retain the right of appeal.
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