The Nigerian Bar Association, NBA, has dragged the Attorney General of the Federation, Abubakar Malami SAN, to court for purporting to amend the Rules of Professional Conduct for Lawyers. The Lawyers body had warned Malami to retract the amended law as he lacks the power to do the amendment.

Below is the Prayers of the NBA to Court against Malami.

1. Whether upon proper interpretation of Sections 1, 11 (4), 12 (4) and 20 of the Legal Practitioners’ Act Cap L11 LFN 2004 (as amended), the Defendant, who is just one member of the General Council of the Bar, can act alone in the discharge of the functions of the council without the input or contribution of other members of the council or in consultation with them.

2. Whether having regard to the provisions of Sections 1, 11(4), 12 (4) and 20 of the Legal Practitioners Act, Cap L11 LFN 2004 (as amended), the Defendant can validly and without any recourse to the General Council of the Bar or consultations with its other members amend, purport to amend or to have amended the Rules of Professional Conduct for Legal Practitioners vide or through the instrumentality of the Rules of Professional Conduct for Legal Practitioners (Amendment) Rules, 2020 (S.I No.15 of 2020) on September 3, 2020, contained in Official Gazette of the Federal Republic of Nigeria No, 140, Vol. 107 of 7″ September 2020, or howsoever wherein he claimed to have amended The Rules of Professional Conduct for Legal Practitioners, 2007 by deleting the following rules, namely: 9(2), 10, 11, 12 and 13.

3. Whether in the absence of any Input from or consultation with members of the General Council of the Bar or absence of prior deliberations by the Council at plenary, the amendment or purported amendment by the Defendant of the Rules of Professional Conduct for Legal Practitioners 2007 vide or through the instrumentality of the Rules of Professional Conduct for Legal Practitioners (Amendment) Rules, 2020 (S.I. NO.15 of 2020) on September 3, 2020 or howsoever ls not altogether unlawful, null and void and of no effect whatsoever.

The Plaintiff claims against the Defendant as follows:­

1. A DECLARATION that upon proper Interpretation of Sections 1, 11 (4), 12 (4) and 20 of the Legal Practitioners’ Act, Cap L11 LFN 2004 (as amended), the Defendant who Is just one member of the General Council of the Bar and cannot act alone in the discharge of the functions of the Council without the Input or contribution of other members of the Council or in consultation with them.

2. A DECLARATION that having regard to the provisions of Sections 1,
11(4), 12 (4) and 20 of the Legal Practitioners Act, Cap Lll LFN 2004 (as amended), the Defendant cannot validly and without recourse to the General Council of the Bar or consultations with its other members amend, purport to amend or to have amended the Rules of Professional Conduct for Legal Practitioners 2007 vide or through the lnstrumentallty of the Rules of Professional Conduct for Legal Practitioners (Amendment) Rules, 2020 (S.I. No.15 of 2020) on
September 3, 2020 September 3, 2020, contained in Official Gazette of the Federal Republic of Nigeria No. 140, Vol. 107 of 7″ September
2020, or howsoever wherein he claimed to have amended The Rules
of Professional Conduct for Legal Practitioners, 2007 by deleting the following rules, namely: 9(2), 10, 11, 12 and 13 or any other provisions thereof.

3. A DECLARATION that in the absence of any input from or consultation with members of the General Council of the Bar or absence of prior deliberations by the Council at plenary, the amendment or purported amendment by the Defendant of the Rules of Professional Conduct for Legal Practitioners 2007 vide or through the instrumentality of the Rules of Professional Conduct
for Legal Practitioners (Amendment) Rules, 2020 (S.I. No.15 of 2020) on September 3, 2020 contained in Official Gazette of the Federal Republic of Nigeria No. 140, Vol. 107 of 7″ September
2020, or howsoever, is unlawful, null and void and of no effect whatsoever.

4. AN ORDER setting aside and/or nullifying the purported Rules of
Professional Conduct for Legal Practitioners (Amendment) Rules,
2020 (S.I. NO.15 of 2020) made or purportedly made by the Defendant unilaterally or howsoever on September 3, 2020 and contained in Official Gazette of the Federal Republic of Nigeria
No. 140, Vol. 107 of 7″ September 2020.

5. AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant, his agents, privies, servants and assigns or any person howsoever from giving effect or further giving effect to the Rules of Professional Conduct for Legal Practitioners (Amendment) Rules, 2020 (S.I. No.IS of 2020) made or purportedly made by the Defendant on September 3, 2020 and contained in Official Gazette of the Federal Republic of Nigeria No. 140, Vol. 107 of 7″ September 2020.

6. AND FOR SUCH ORDERS or further orders as this Honourable
Court may deem fit to make in the circumstances of this case.

 

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