Court nullifies Malami’s unilateral amendment of lawyers’ professional rules (DOWNLOAD JUDGEMENT)

The Federal High Court in Abuja, on 10 August, nullified the unilateral amendment of the Rules of Professional Conduct (RPC) for legal practitioners in Nigeria by the Attorney-General of the Federation (AGF), Abubakar Malami.
The Nigerian Bar Association (NBA), through its former vice-president, Monday Ubani, filed the suit challenging the amendment of the Rules of Professional Conduct (RPC) for lawyers by Mr Malami.
Mr Malami had in 2020 singlehandedly amended the provisions of the Rules of Professional Conduct (RPC), expunging the mandatory use of NBA stamp and seal for lawyers.
He also removed the provisions requiring lawyers acting for the government, ministries or corporations to pay Annual Bar Practising fees.
The stamp and seal, by the rules, are required to be affixed to any document signed by lawyers for such a document to be accorded a recognition with lawyer’s imprimatur.
Apart from helping to check quackery, the stamp and seal are also a major source of revenue for the NBA, besides the practising fees paid by lawyers.
Lawyers had criticised the AGF’s action expunging the relevant provisions from the rules, saying it is an attempt to weaken the NBA.
In his judgement on the NBA’s suit, the judge, Donatus Okorowo, declared the AGF’s amendment of the rules “illegal and invalid.”

He declared that only the General Council of the Bar which has the authority to amend the Rules of Professional Conduct (RPC) is constituted by several members, and the rules cannot, therefore, be legitimately amended by the singular desire and action of an individual.
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