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Malami can’t unilaterally amend lawyers’ Rule of Professional Conduct
BY PAUL SILAS
President of the Nigerian Bar Association, Olumide Akpata, says it is impossible for the Attorney General of the Federation, Abubakar Malami, to unilaterally amend the 2007 Rules of Professional Conduct (RPC) for Legal Practitioners.
Akpata faulted Malami’s single-handed amendments to the RPC in a press release on Sunday, titled, “Statement by NBA President on the Purported Amendment to the Rules of Professional Conduct for Legal Practitioners 2007.”
The NBA President said decision to amend the LPC can only be taken by the General Council of the Bar.
He said, “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.”
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Akpata urged lawyers not to worry, assuring them that he would engage Malami on the issue.
The amendment if allowed to stand will render the NBA stamp and seal inconsequential to authenticate papers filed by lawyers in court.
Also, the sale of the stamp and seal is seen as a major source of revenue for the NBA as lawyers cannot validly file court papers without affixing the stamp and seal.
The stamps and seals, it was gathered, were sold at N4,000 for 72 pieces and were given upon payment of NBA dues.