The amendment of the Rules of Professional Conduct (RPC) for Legal Practitioners by the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN has elicited mixed reactions amongst lawyers.
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While some criticised it for being illegal because the meeting of the Bar Council was not convened prior to the amendment, others said there is nothing strange about what Malami did since it was the same procedure that brought the said provisions in 2007.
However, a Senior Advocate, Chief Adeniyi Akintola (SAN) said there were consultations leading to the amendment carried out by the AGF.
He made this disclose following the argument and agitations by some lawyers and some members of the General Council of the Bar that there was no consultation before the 2020 Legal Practitioners’ Rules of Professional Conduct was gazetted.
He said, “There were consultations. I know that there were consultations. But whether the consultations were wide enough is what I don’t know.
“He (the AGF) is the Chairman of the General Council of the Bar and I am a member. If you are a member and you don’t attend meetings, can you blame the other members who take decisions? You can consult members of the General Council of the Bar.
TheNigeriaLawyer(TNL), recalls that the AGF amended the RPC and deleted the following rules, namely: 9(2), 10, 11, 12 and 13
Rule 9(2) prohibits a legal practitioner from claiming that he has paid his Bar Practicing Fees (BPF) when he is actually in default. Rule 10 deals with stamp and Seal. Rule 11 provides for Mandatory Continuing Legal Education, Rule 12 provides for Annual Practicing Certificate and Rule 13 provides for Notice of Legal Practice upon setting up a private legal practice
According to the copy available with TNL, Malami said the amendment is made in exercise of the powers conferred on him by section 12(4) of the Legal Practitioners Act as Attorney-General of the Federation and Minister of Justice and President of General Council of the Bar.
A human rights lawyer, Ebun-Olu Adegboruwa (SAN), said Malami ought to have consulted widely before making the move, which he said would greatly affect the revenues of the NBA. He, however, said it was unlikely that the AGF had taken sides with the splinter NBA group.
Adegboruwa also said once the seal and stamp were no longer used, the development could lead to an increase in the number of fake lawyers in the country.
He said, “The issue of stamp and seal has helped in removing fake lawyers from our midst and I think it will serve as a setback if you go back to that regime when you cannot identify a lawyer through his processes. As we speak, other professionals like engineers, surveyors are embracing stamp and seal as a way of identifying their members.
“The stamp, which is a means of generating funds, helps in making the NBA self-sufficient so that it will not be running to politicians and non-lawyers to raise funds. Even though I agree that the AGF as the President of the General Council of the Bar has powers to make regulations, but he ought to consult with those who are affected, namely the NBA, the Body of Senior Advocates and even judges because we are all in the same profession.
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