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NBA Stamp and Seal :AGF, Malami Has No Unilateral Power To Amend RPC—Fmr. NBA-GS, Mazi Afam Osigwe

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THE former Secretary of the Nigerian Bar Association (NBA) and a member of the Body of Benchers, Mazi Afam Osigwe, FCIArb has said the purported amendment of the Rules of Professional Conduct being circulated all around should be discountenanced.

LegaldeskNG learnt that this was contained in a statement issued by the former NBA scribe which was made available to TheNigeriaLawyer (TNL) titled “PURPORTED AMENDMENT OF RULES OF PROFESSIONAL CONDUCT FOR LEGAL PRACTITIONERS, 2007”.

“My attention has just been drawn to a document widely circulating in the social media which purports to be the Rules of Professional Conduct for Legal Practitioners (Amendment) Rules 2020.

“The Document claims that in the exercise of the powers conferred on him by Section 12(4) of the Legal Practitioners Act, the Attorney General of the Federation has amended the Rules of Professional Conduct for Legal Practitioners, 2007 by deleting Rules 9, 10, 11, 12 and 13.

“A close look at Section 12(4) of LPA referred to as well as the fact that the Bar Council which has the power to make any such amendment, has never met, shows why the document should be discountenanced.” He said.

Meanwhile, he noted that the power to make Rules is vested in the General Council of the Bar and not unilaterally vested in the Attorney General of the Federation.

“Section 12(4) of the Legal Practitioners Act (LPA) vests the power to make Rules regulating the Conduct of Legal Practitioners is vested on the General Council of the Bar (“the Bar Council”).

“As provided by Section 1(1) of the LPA, General Council of the Bar shall be charged with the general management of the affairs of the Nigerian Bar Association (subject to any limitations for the time being provided by the constitution of the association) and with any functions conferred on the council by this Act or that constitution.

“The Bar Council consists of-
(a) the Attorney-General of the Federation, who shall be the president of the council;
(b) the Attorneys-General of the States; and
(c) twenty members of the association.”

Furthermore, he stated that the 21 members are to be elected at the NBA AGM.

“The twenty members representing the Nigerian Bar Association were elected at the Association’s Annual General Meeting held in Abuja on August 27, 2015.”

However, he noted that the AGF is yet to convene a meeting of the Bar Council and no approval has been made by the Council. Thus, the AGF is bereft of competence to do so unilaterally.

“The Attorney General of the Federation has not convened a meeting of the Bar Council.

“The Bar Council has neither considered nor approved any proposed amendment to the Rules of Professional Conduct for Legal Practitioners 2007.

“Even though the Attorney General of the Federation is the President of the Bar Council, he cannot unilaterally exercise the powers of the Council.” He said.

“I will therefore like to believe that the Rules of Professional Conduct for Legal Practitioners (Amendment) Rules 2020 which is in circulation on social media lacks credibility.” He concluded.

However, TheNigeriaLawyer recalls that the Annual General Meeting of the Bar wherein nominated was done into the Bar Council was during the Austin Alegeh, SAN led NBA administration, held at the International Conference Center, Abuja on Thursday, 27th day of August, 2015.

However, the then NBA President, Alegeh, SAN proposed to the AGM the names of the members to fill the vacant positions in the General Bar Council and which were accordingly adopted and ratified, namely:

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