EDITOR'S CHOICE
Mar 16, 2022
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RPC: MALAMI ASKS COURT TO DISMISS NBA’S SUIT

• SAYS BAR COUNCIL RATIFIED RPC

Attorney General and Minister of Justice, Mr. Abubakar Malami SAN has asked the Federal High Court to dismiss a suit brought by the Nigerian Bar Association to annul the amended Rules of Professional Conduct for Legal Practitioners (RPC).

Malami has also told the court that the Bar Council held a meeting to ratify the controversial RPC, CITY LAWYER can exclusively report.

CITY LAWYER recalls that the Nigerian Bar Association had through the Chief Ferdinand Orbih SAN-led NBA Section on Legal Practice (NBA-SLP), dragged the Attorney General to court via an originating summons dated 17th January, 2022 and filed on 24th January, 2022 alleging that Malami unilaterally amended the RPC without due process of law.

The Attorney-General argued that the NBA lacked the locus standi to institute the action, urging the court to dismiss the plaintiff’s claim “for failure to comply with the Evidence act and lacks (sic) locus standi to institute it.”

In a counter-affidavit obtained by CITY LAWYER and deposed by one Oni Michael, a Litigation Officer in the Civil Litigation and Public Law Department, Office of the Attorney-General of the Federation, he stated “That members of the General Council of the Bar were invited for the meeting which was held.”

Restating this point in the written address, the defendant said: “My Lord, we submit that an invitation has (sic) been sent to all members of the General Council of the Bar and some have (sic) attended the meeting. Subsequently any decision arrived at the meeting where a member is voluntarily absent is binding on all members as the quorum was provided in subsection 4 of section 1 of the LPA. We urge my lord to so hold.”

Continuing, the deponent stated that Malami “did that which he is statutorily empowered to do strictly within the confines of the Law as the Chief Law Officer of the Federation and the President of the General Council of the Bar.”

He restated that “a meeting (of the Bar Council) was called and members of the Council were duly notified and present in same.”

Malami argued that he is “statutorily empowered to improve the professionalism of legal practice in Nigeria,” adding that “The Plaintiff is bringing this action based on mere speculation and hearsay as he (NBA) is not a member of the General Council of the Bar.”

In the written address in opposition to the plaintiff’s originating summons, Malami argued that “The plaintiff commences this suit without averting his mind to the fact that he is not a member of the General Council of the Bar and as such cannot challenge what they deliberate on in their meetings and whatsoever he said amounts to hearsay and the Plaintiff has no Locus to institute this action.”

The matter, INCORPORATED TRUSTEES OF THE NBA VS ATTORNEY GENERAL OF THE FEDERATION has also been assigned Suit Number FHC/ABJ/CS/77/2022 and slated for March 24 by Justice Donatus Okorowo of the Federal High Court, Abuja.

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EDITOR'S CHOICE
Feb 23, 2022
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RPC: COURT FIXES MARCH 24 FOR NBA/MALAMI SUIT

The Attorney General of the Federation, Mr. Abubakar Malami SAN and the Nigerian Bar Association (NBA) will go head-to-head on March 24, 2022 at the Abuja Division of the Federal High Court in the legal tussle on the controversial amendment of the Rules of Professional Conduct for Legal Practitioners (RPC), CITY LAWYER can exclusively report.

This follows the assignment of the case filed by the NBA against Malami to Justice Donatus Okorowo of the Federal High Court.

According to a document obtained by CITY LAWYER, the case, INCORPORATED TRUSTEES OF THE NBA VS ATTORNEY GENERAL OF THE FEDERATION has also been assigned Suit Number FHC/ABJ/CS/77/2022.

It is recalled that fiery NBA-SLP Chairman, Chief Ferdinand Orbih SAN had in an exclusive interview last December told CITY LAWYER that NBA would sue Malami unless he formally reversed amendment of the RPC.

Giving further insight into the matter, Orbih said: “The Section on Legal Practice under my leadership was mandated by the National President of the NBA to drive the process. Upon receipt of the mandate I (in my capacity as the Chairman of the SLP) constituted the Legal team led by S. I. Ameh, SAN to commence the action.”

Other members of the four-member legal team are Messrs Elisha Kurah SAN, Mba Ekpezu Ukweni SAN and immediate past NBA-SLP Chairman, Oluseun Abimbola SAN.

Orbih told CITY LAWYER that “The Attorney-General of the Federation was on television to disclaim the controversial Rules of Professional Conduct.

“However, we are aware that the RPC has been gazetted under his name. We have therefore informed the Honourable Attorney-General that a viva voce disclaimer of the RPC will not suffice in the circumstances.

“The NBA Legal Committee has decided to engage the AGF and afford him an opportunity to issue a proper disclaimer through a written instrument published in the gazette. We expect this to be done by next week.

“If at the end of the day this is not done, we will have no option than to carry out the mandate of the NBA to litigate the matter. Let me assure that this will not take long any more, as we have been on this matter for almost two years.”

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EDITOR'S CHOICE
Jan 26, 2022
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Comments Off on RPC: ‘WHY WE SUED MALAMI,’ BY ORBIH, NBA-SLP CHAIR

RPC: ‘WHY WE SUED MALAMI,’ BY ORBIH, NBA-SLP CHAIR

The Chairman of the Nigerian Bar Association (NBA) Section on Legal Practice (NBA-SLP), Chief Ferdinand Orbih (SAN) has said that the lawsuit filed against the Attorney-General of the Federation, Mr. Abubakar Malami SAN was a fallout of a directive by the association.

It is recalled that Orbih had in an exclusive interview last December told CITY LAWYER that NBA would sue Malami unless he formally reversed amendment of the RPC. The association has now made good its threat by filing a lawsuit at the Federal High Court challenging the amendment of the Rules.

Orbih told CITY LAWYER yesterday that “The suit is now firmly in court,” an indication that efforts towards amicable resolution of the debacle have hit a brick wall.

According to the fiery senior lawyer, other members of the legal team are Messrs Elisha Kurah, SAN, Oluwaseun Abimbola, SAN and M. E. Ukweni, SAN.

Orbih had in an earlier interview with CITY LAWYER said: “The Attorney-General of the Federation was on television to disclaim the controversial Rules of Professional Conduct.

EDITOR'S CHOICE
Dec 23, 2021
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RPC: ‘WE WILL SUE MALAMI IF BY NEXT WEEK ….,’ SAYS NBA

The Nigerian Bar Association Section on Legal Practice (NBA-SLP) has said that it would sue the Attorney-General and Minister of Justice, Mr. Abubakar Malami SAN if by next week he has not formally reversed the controversial amendment of the Rules of Professional Conduct for Legal Practitioners 2007.

This position was confirmed to CITY LAWYER by the Chairman of the section, Chief Ferdinand Orbih SAN who noted that its legal team is engaging Malami to resolve the impasse.

SLP’s immediate past Chairman, Mr. Oluseun Abimbola SAN also told CITY LAWYER that a lot of meetings were held during his tenure regarding the matter, adding that the new leadership is progressing the matter.

Orbih said that while Malami had denied authorship of the controversial RPC, SLP has demanded a formal retraction to be published in the federal gazette to stave off litigation on the matter.

His words: “The Attorney-General of the Federation was on television to disclaim the controversial Rules of Professional Conduct.

CITY LAWYER had reported that Malami told a key justice sector stakeholder that the entire RPC saga was orchestrated by a director in his ministry, adding that a disciplinary panel had been set up to investigate the matter.

The NBA National Executive Committee had in a communiqué following its latest meeting in Abeokuta “expressed deep concern” at Malami’s disclaimer during the television interview, adding that “the statement of the AGF is rather curious considering that the purported amendment, which bears his signature, is contained in a Federal Gazzette which has been in circulation and in the public domain for over one year.”

The NBA Legal team is led by leading litigator, Mr. Sunday Ameh SAN. CITY LAWYER recalls that Ameh had mid last year written to the Inspector General of Police on behalf of Malami, urging the police chief to arrest SaharaReporters Publisher, Omoyele Sowore, over the newspaper’s reports exposing Malami’s alleged corruption-fuelled lifestyle.

EDITOR'S CHOICE
Dec 16, 2021
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EXCLUSIVE: HOW A DIRECTOR IN JUSTICE MINISTRY AMENDED, GAZETTED RPC

There are strong indications that the controversial amendment of the Rules of Professional Conduct for Legal Practitioners 2007 (RPC) was orchestrated by a Director in the Ministry of Justice.

A highly placed source who has been tracking the matter told CITY LAWYER that under-fire Attorney-General and Minister of Justice, Mr. Abubakar Malami SAN has confided in a key stakeholder that the entire saga was the handiwork of a Director in his ministry.

Said the CITY LAWYER source: “He (Malami) confided to someone just recently that it was a Director in his ministry that did that without his approval and knowledge. He promised to take steps to redress the error.”

It is recalled that Malami had recently sensationally admitted that the purported amendment of the RPC did not follow due process. He also stated that a high-powered investigation has been launched into the matter with a view to punish the culprits.

His words: “Well, in all sincerity in [the] art of governance and administration, a lot of issues perhaps unfold and not necessarily perhaps because they were done in the right way and manner. The office of the Attorney General as an institution and indeed the person of the Attorney General, Abubakar Malami, had not taken steps in the direction of consummation and conclusion of a process associated with Rules of Professional Conduct and when eventually the rules were said to have been amended the office of the Attorney General has taken steps to now cause a wholehearted investigation and it has constituted a disciplinary issue that is being considered in the office of the Attorney General. That is the best I can tell you”.

Pressed further as to whether he was aware of the amendment, Malami said: “Certainly it was not a process that was officially in line with the tradition, conduct, and context of the process of doing things.”

The Olumide Akpata-led Nigerian Bar Association (NBA) has been up in arms against the nation’s chief law officer over the controversial amendment, saying: “For the avoidance of doubt, the Legal Practitioners Act (as amended) confers the power to issue rules of professional conduct for legal practitioners, and any amendments thereto, on the General Council of the Bar (the ‘Bar Council’). The Bar Council comprises the Honourable Attorney General of the Federation (‘HAGF’), the Honourable Attorneys General of the thirty-six states of Nigeria, and 20 members of the NBA. Consequently, the RPC and any amendments thereto may only be validly issued after it has been deliberated upon and approved at a properly convened meeting of the Bar Council.

“As far as the NBA is aware, no notice convening a meeting of the Bar Council was issued to its elected representatives on the Bar Council and no meeting of the Bar Council was convened and/or held to deliberate on the instrument. To that extent, our position is that no authority or approval was given for the amendment of the RPC. Consequently, the NBA maintains that the RPC has not been amended and enjoins all legal practitioners to remain calm and continue to conduct their affairs in the same manner as they did prior to the issuance of the instrument.”

Fiery human rights activist and Chairman of the NBA section on Public Interest and Development Law (NBA-SPIDEL), Dr. Monday Ubani had sued Malami over the controversial amendment. He was however persuaded by NBA to withdraw the lawsuit while amicable resolution of the debacle was being explored. He said: “The leadership of the bar at the highest level have reached out to me to have the law suit withdrawn to avoid an ugly situation where the issue of the case in court will be used as an excuse to scuttle the much anticipated resolution of this unnecessary rumble within our revered body.”

EDITOR'S CHOICE
Feb 28, 2021
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EXCLUSIVE: NBA TO SUE MALAMI OVER RPC

Barring any last-minute change of mind, the Nigerian Bar Association (NBA) will in an unprecedented move soon drag the Attorney-General & Minister of Justice, Mr. Abubakar Malami SAN to court over his alleged unilateral and illegal amendment of the Rules of Professional Conduct for Legal Practitioners (RPC). The Attorney-General is considered the Leader of the Bar.

A source who is familiar with the controversy told CITY LAWYER that the NBA President, Mr. Olumide Akpata has directed the Public Interest Litigation Committee led by Dr. Charles Mekwunye to draft the pleadings on the matter.

CITY LAWYER gathered that the NBA leadership may have been frustrated by the fact that efforts by the Bar association to amicably resolve the debacle have not yielded fruit. It is recalled that Akpata had visited Malami last September immediately rumours filtered into the public domain that “the Rules of Professional Conduct for Legal Practitioners, 2007 is amended by deleting the following rules, namely: 9(2), 10, 11, 12 and 13.” Rule 10 of the RPC deals with issuance of the NBA Stamp. The “Rules of Professional Conduct for Legal Practitioners (Amendment) Rules 2020” expunged the use of NBA stamp by lawyers and provisions requiring lawyers acting for government, ministries or corporations to pay annual bar practising fees.

According to Malami, the amendment was made in exercise of the powers conferred on him as Attorney-General of the Federation and Minister of Justice as well as President of General Council of the Bar by section 12 (4) of the Legal Practitioners Act.

Though the visit seemed to have doused the tension between the two camps, the debacle took a new twist when copies of the gazetted RPC hit the cyberspace recently. The gazette is listed as Government Notice No. 140 Vol. 107 of 7th September, 2020.

It is recalled that the NBA had in a statement promptly disowned the new Rules, saying that the Attorney-General lacked the power to unilaterally issue the Rules without calling a meeting of the Bar Council. It urged Malami to “rescind” the Rules, saying: “Pending such proposed holistic reforms to the RPC, I urge you to immediately rescind the Instrument in the interest of the rule of law, the unity of the Bar and the sanctity of the legal profession. The NBA has been subjected to needless controversy and ridicule on account of the Instrument, and this does not augur well for the sanctity of the profession, of which you are a key stakeholder.”

Said Akpata: “I have been duly informed, by NBA Representatives on the Bar Council and other members of the Bar Council who have reached out to me, that to the best of their knowledge, no meeting of the Bar Council was convened to discuss any amendment to the RPC or to approve the Instrument. It therefore appears that the Instrument was enacted without proper authority.”

Former NBA First Vice President, Mr. Monday Ubani had last October sued Malami over the controversial amendment. He later withdrew the suit apparently due to pressures from the NBA leadership, saying: “The leadership of the bar at the highest level have reached out to me to have the law suit withdrawn to avoid an ugly situation where the issue of the case in court will be used as an excuse to scuttle the much anticipated resolution of this unnecessary rumble within our revered body.”

RPC (Amended) 2020

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EDITOR'S CHOICE
Sep 22, 2020
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RPC: UBANI WITHDRAWS SUIT AGAINST MALAMI

* CITES PRESSURE FROM NBA

BY EMEKA NWADIOKE

Firebrand human rights activist and former Nigerian Bar Association (NBA) Second Vice President, Mr. Monday Ubani has directed his lawyers to withdraw his lawsuit against Attorney-General & Minister of Justice, Mr. Abubakar Malami SAN over the controversial amendment of the Rules of Professional Conduct for Legal Practitioners 2007.

Ubani had dragged Malami to court over the “unilateral amendment” of the Rules, even as the NBA President, Mr. Olumide Akpata directed lawyers to ignore the Rules, saying they were amended without proper authority. He also asked Malami to “immediately” rescind the amendment in the interest of the Bar.

But in a statement made available to CITY LAWYER, Ubani said that he was under pressure to withdraw the lawsuit to ensure that it is not used as an excuse to scuttle amicable resolution of the impasse.

According to the frontline activist and Bar Leader, “The leadership of the bar at the highest level have reached out to me to have the law suit withdrawn to avoid an ugly situation where the issue of the case in court will be used as an excuse to scuttle the much anticipated resolution of this unnecessary rumble within our revered body.”

CITY LAWYER recalls that a gazette had surfaced recently where Malami had issued an amendment of the Rules deleting several critical sections of the RPC.

Below is the full text of the statement.

INTENTION TO WITHDRAW SUIT NO FHC/CV/1174/2020 AGAINST ATTORNEY GENERAL OF THE FEDERATION.

Recall that recently we took out a legal suit against the Attorney General of the Federation, Mr Abubakar Malami SAN over the recent unilateral amendment of the Rules of Professional Conduct for Legal Practitioners 2007.

I took this drastic legal step in conjunction with some of my very learned colleagues in the profession because we deciphered a motive orchestrated to weaken arguably the umbrella body by the damaging amendments that failed to have the input of the Bar generally through the General Council of the Bar as prescribed by the Legal Practitioners Act.

The unilateral amendment with the consequential intendment to weaken NBA as a professional body was greeted with so much furore and anger for not following procedure as prescribed by the enabling law.

It has come to our notice that the NBA leadership has expressed their reservations about the unilateral amendment and has sought the reversal of same by the Attorney General and Minister of Justice. They have written a letter to him to withdraw the gazetted Amendment as its effect will create great crisis and confusion within the bar. The purport of the letter is to provide a veritable platform to have the brewing crisis nipped in the bud and resolve the problem amicably.

The leadership of the bar at the highest level have reached out to me to have the lawsuit withdrawn to avoid an ugly situation where the issue of the case in court will be used as an excuse to scuttle the much anticipated resolution of this unnecessary rumble within our revered body.

As an unrepentant lover of the bar and a principled individual who fights for a cause with God’s wisdom, I have reached out to my colleagues in this struggle for us to have this case withdrawn to allow no reason whatsoever to be given for the failure to arrive at an amicable settlement over the matter.

It is my belief and hope that the Attorney General of the Federation will take into cognizance the larger interest of the bar and move quickly to withdraw the said gazetted Amendment and allow the General Council of the Bar to commence some of the intended amendments that will be highly beneficial to the Bar generally.

I hereby instruct my lawyers to withdraw the said suit in order to allow the anticipated amicable settlement to be exhaustively exploited by both parties.

Long Live the NBA
Long Live the Federal Republic of Nigeria.

Monday Onyekachi Ubani Esq (MOU)
Former Vice President of NBA.

EDITOR'S CHOICE
Sep 21, 2020
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RPC: 6,000 LAWYERS SIGN PETITION TO STRIP MALAMI OF SAN RANK

BY EMEKA NWADIOKE

No less than 6,072 persons have so far signed a petition seeking to strip the nation’s chief law officer, Mr. Abubakar Malami SAN of the coveted rank of “Senior Advocate of Nigeria.”

Malami, Nigeria’s Attorney-General & Minister of Justice, made the headlines recently following media reports stating that he had issued “Statutory Instrument No. 15 of 2020” amending the 2007 Rules of Professional Conduct for Legal Practitioners (RPC). The instrument provides that “the Rules of Professional Conduct for Legal Practitioners, 2007 is amended by deleting the following rules, namely: 9(2), 10, 11, 12 and 13.”

Started barely eight days ago by one Izu Aniagu, the petition which is still trending on www.change.org, the petition is titled “Sign to strip Nigeria’s AGF, Abubakar Malami the title of Senior Advocate of Nigeria.” The tagline states that “Izu Aniagu started this petition to Lawyers in Nigeria and 5 others.” The “Decision makers” listed on the petition are “Lawyers in Nigeria, Nigeria Bar Association, LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE, THE LEGAL PRACTITIONERS PRIVILEGE COMMITTEE, THE NATIONAL JUDICIAL COUNCIL and The Bar Council.”

The petition states that “Since assumption of office, the Attorney General of the Federation has continued to go rogue, from his disobedience to court order, to his lackluster prosecution, to his outright failure to prosecute, to allegations of corruption and bias against his person, to usurpation of office, to shielding of suspects, to his general dereliction of duty.

“This time, the AGF has decided to take his imprudence (sic) to top notch by unilaterally deleting the provisions of the Rules of Professional Conduct which provide for stamp and seal as well as bar practicing fee for government lawyers. The AGF does not have such power. Section 12 (4) of the LPA gives the General Council of the Bar power to make any such amendment and make other decisions concerning the NBA.

“There is no record of any meeting convened by the The (sic) Attorney General of the Federation who is the president of The Bar Council. The AGF took the decision alone and his actions constitute a threat to the rule of law. His action is totally shameful and is underserving (sic) of a lawyer in the rank of a Senio (sic) Advocate, let alone a Chief Law Officer of the federation.”

One of the signatories, Ogholaja Onesiosan gave the reason for signing the petition as follows: “The AGF has abused the rule of law and has not conducted himself in a manner that is expected of him.” CITY LAWYER could not confirm at press time that all the signatories are lawyers.

The amendment of the RPC has annulled the power of the Nigerian Bar Association (NBA) to issue stamps to eligible legal practitioners, a practice that has been validated by the Supreme Court of Nigeria. This comes against the backdrop of a clamour for dismemberment of the NBA, leading to the formation of the New Nigerian Bar Association (NNBA) by some lawyers.

Following a meeting with Malami in his office, NBA President, Mr. Olumide Akpata had in a letter to the chief law officer dated September 15, 2020 demanded rescission of the amendment “immediately.”

He noted that “I have been duly informed, by NBA representatives on the Bar Council and other members of the Bar Council who have reached out to me, that to the best of their knowledge no meeting of the Bar Council was convened to discuss any amendments to the RPC or to approve the instrument. It, therefore, appears that the instrument was enacted without proper authority.”

Former NBA Second Vice President, Mr. Monday Ubani had also dragged Malami to the Federal High Court seeking among others a determination whether the AGF has the power to “unilaterally, alter, amend and or make any rules of professional conduct, without a proper meeting of the general council of the bar, duly convened, and notices thereof, issued to other members of the general council of the bar.”

CITY LAWYER recalls that the Legal Practitioners Privileges Committee had stripped some senior advocates of the rank following their conviction for criminal breaches or successful petitions against them.

However, one Fred Ogundu-Osondu argues that the online petition against Malami is dead on arrival, saying: “If his actions can be interpreted as an abuse of the powers vested in him as Attorney-General of the Federation, then an actual petition can be lodged against him before the Legal Practitioners Disciplinary Committee. If the LPDC finds him guilty of professional misconduct, then the LEGAL PRACTITIONERS PRIVILEGES COMMITTEE may withdraw the rank of Senior Advocate of Nigeria from him. This was clearly stated in No. 5 of the GUIDELINES FOR THE CONFERMENT OF THE RANK OF SENIOR ADVOCATE OF NIGERIA, 2007. However, let us keep it in mind that the HAGF is the Chairman of the LPDC. The only other ground is if he is convicted for any offence that in the opinion of the LPPC is incompatible with the honour and dignity of the holder of the rank of SAN as an offence relating to breach of trust, theft or other offence involving fraud or dishonesty. Again, the HAGF is the Chief Law Officer of the federation, and may not allow such prosecution to see the light of day, as he is clothed with the constitutional powers of nolle prosequi.”

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

EDITOR'S CHOICE
Aug 01, 2018
1
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NBA ELECTIONS: The Role of Professional Ethics, by Chukwumerije

Lawyers are by their training, gentle and honourable men, that is why we go by the title: ‘Gentlemen of the Bar’. It is a long-standing and welcomed tradition, that all lawyers in Nigeria and the world at large maintain certain standard of behavior in the conduct of their professional lives. Continue Reading

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