*Argue NBA Mandatory Requirements Exceed Legal Powers, Claim Enforcement Could Invalidate Documents and Threaten Livelihoods of Rural Practitioners”
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Twelve surviving members of the unregistered Advocacy for Bar Licence Freedom (ABLIF), a coalition of enrolled lawyers, have filed a constitutional suit against the Nigerian Bar Association (NBA), challenging the Association’s mandatory seals, stamps, and Continuing Professional Development (CPD) requirements.
The suit, filed at the Federal High Court, Abuja, under SUIT NO: FHC/ABJ/CS/2241/2025 on October 21, 2025, argues that the NBA’s rules exceed its powers under the Legal Practitioners Act (LPA 2004) and the 1999 Constitution. Counsel for the plaintiffs, Hameed Ajibola Jimoh, Esq., of The Vicegerent Legal Consult, who also serves as the National Convener of ABLIF, submitted the filings.
The case was originally instituted by 13 plaintiffs. Following the death of one member, Victor Ariavie, an application was filed to strike his name from the suit, allowing the 12 surviving plaintiffs to continue the legal challenge.
The plaintiffs insist that having met all statutory requirements including being duly called to the Bar, enrolled at the Supreme Court, and paying their 2025 practicing fees they are lawfully entitled to practice without being subject to the NBA’s additional seal and CPD rules. They argue that Rules 10, 11, and 12 of the 2023 Rules of Professional Conduct (RPC) and the 2025 Mandatory CPD Rules unlawfully convert a voluntary association into a licensing authority. The plaintiffs say these rules impose unnecessary costs and burdens, particularly on young and rural lawyers, while undermining constitutional freedoms.
The suit raises several key constitutional questions, including:
- Whether the General Council of the Bar (GCB) acted beyond its powers by enacting RPC Rule 10 (NBA seals) and Rules 11–12 (CPD/MCLE requirements) without express statutory authority.
- Whether an enrolled, fee-paying lawyer can lawfully practice without NBA seals or CPD certification.
- Whether the NBA’s portrayal of CPD and seals as prerequisites for practice constitutes ultra vires regulation.
- Whether the rules impose costs or requirements beyond what is authorized under the LPA.
The suit includes multiple applications, including an originating summons and dual injunction motions. The motion on notice seeks to:
- Restrain the NBA and its President from enforcing the 2025 CPD or seal requirements.
- Prohibit denial of stamps or seals based on CPD non-compliance pending court determination.
- Bar all defendants from implementing RPC Rules 10–12 or treating CPD as a “practice licence.”
- Reinstate the pre-2023 status quo under the LPA.
- Grant further equitable reliefs.
The ex parte motion seeks similar temporary restraints to preserve the plaintiffs’ rights pending hearing.
The defendants which include the NBA Trustees, the President, the General Council of the Bar (c/o Federal Ministry of Justice), the Chief Registrar of the Supreme Court, and the Attorney-General of the Federation (AGF) have seven days to respond to the interlocutory injunction filed by motion on notice and 30 days each to respond to the originating summons.
The plaintiffs argue that enforcement of the disputed rules would cause irreparable harm, including invalidating documents, delaying justice, and threatening livelihoods. They describe the NBA’s 2026 seal deadline as a “chilling threat” to the constitutional right to practice law.
The affidavit submitted by the plaintiffs includes supporting documents such as Bar enrollment certificates and proof of payment of practicing fees. They are also seeking an order allowing them to continue the case without procedural amendments following the death of Victor Ariavie.
The matter is before Honourable Justice B.F.M. Nyako of Court No. 3, Federal High Court of Nigeria, Abuja. A date has been fixed, and the court has adjourned proceedings to 24th November 2025 for the hearing of all interlocutory applications pending before the court.
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