The recent amendment of the Rules oF Professional Conduct for Legal Practitioners, 2007, has raised a lot of concern. It is really shocking and surprising that such an amendment could be made, especially as it relates to the requirement of STAMP AND SEAL, as ingrained in Rules 10 of the RPC 2007, in this time where there is an alarming increase in number of fake lawyers, the watering down of legal Practitioners work by some recent enactments such as the New CAMA where lawyers are now being dispensed with during registration of companies, coupled with the ongoing parallel formation of a new NBA by Northern Lawyers( NNBA), to say the list, is really scaring and disappointing. I am forced to as , what is the Future of our dearest profession?
THE POWER OF AGF TO AMEND THE RPC
It is as clear as summer sky that the Legal Practitioners Act, CapL11, 2004 empowers the BAR COUNCIL to make Rules for the Regulation of the legal profession. For the avoidance of doubt, let me pluck out the provisions wherein it is ingrained in the Statute book, Ipsissima Verba:
Section 12(4) of the LPA Provides:
It shall be the duty of the Bar Council to make Rules from time to time on Professional Conduct in the legal profession and cause such rules to be published in the Gazette and distributed to all the branches of the association.
It must be noted that the contentious amendment by the AGF was claimed to have been made pursuant to the above provisions. This has generated a lot of arguments. Some are of the view that the AGF cannot unilaterally emend the RPC without consultation or recourse to the BAR COUNCIL. However, a careful and microscopic perusal of the LPA clearly shows that THE AGF is the president of the BAR COUNCIL. In other words, it is my view that there is a rebuttable presumption that the AGF acted in line with the provisions of the law, since he is the president of the BAR COUNCIL. It behoves on the Members of the BAR COUNCIL to complain that they were not carried along. Therefore, it is my humble submission that the AGF acted within the scope of his power as the president of the BAR COUNCIL, at least for now. However, if it turns out that he amended the Rule without recourse to the BAR COUNCIL, then he acted ultra vires.
Removing the Requirements of STAMP AND SEAL CANNOT BE A BLESSING.
The need for the requirements of stamp and seal can not be over emphasied. The policy of Stamp and Seal introduced by the NBA few years ago was a good step in the right direction which was aimed at restoring sanity in the legal profession and regulating the activities of imposters.
Prior to the introduction of the NBA STAMP AND SEAL, we had situations where nonlawyers/ clients after engaing lawyers to prepare documents, sou Motu reproduce the precedent in subsequent transactions without recourse to the lawyer. We also have situations where clients and nonlawyers connive with paralegals to get precedent from their places of work and execute same without the consent and knowledge of the lawyers whose names appears on the said documents. The list is inexhaustible.
REMOVING THE REQUIREMENTS OF STAMP AND SEAL WILL FURTHER WATER DOWN THE PROFESSION AND EXPOSE THE NBA TO RIDICULE.
The introduction of the Stamp and Seal has been a blessing to the legal profession. Infact, it has further reduced and checkmated the activities of fake lawyers. To a large extent, it brought nobility and pride to the legal profession as it distinguished the legal profession from other professions in Nigeria. It is my view that removing such an excellent provision at a time like this, will not only water down the profession but will further ingnite the division and disunity that is cooking in different quarters.
Conclusion:
While we await the response of other members of the Bar Council to ascertain whether the AGF acted suo motu or not, it is important to clearly state that the amendment of the RPC , particularly the abolition of STAMP AND SEAL is suspicious and is tantamount to a retrogression in the legal profession. In as much as we all are clamouring for the amendment of the RPC, the provisions relating to STAMP AND SEAL is not one them.
It is my veiw that the amendment abolishing Stamp and Seal will only encourage division, fuel disunity, water down the profession and expose the legal profession to the activities of fake lawyers and unscropulous imposters. Thus, it is indeed a curse and not a blessing to abolish Stamp and seal.
Long live NBA !
Long live the legal profession!!
Long live the Federal Republic of Nigeria!!!
Culled From: Thenigerialawyer.com
It is as clear as summer sky that the Legal Practitioners Act, CapL11, 2004 empowers the BAR COUNCIL to make Rules for the Regulation of the legal profession. For the avoidance of doubt, let me pluck out the provisions wherein it is ingrained in the Statute book, Ipsissima Verba:
Section 12(4) of the LPA Provides:
It shall be the duty of the Bar Council to make Rules from time to time on Professional Conduct in the legal profession and cause such rules to be published in the Gazette and distributed to all the branches of the association.
It must be noted that the contentious amendment by the AGF was claimed to have been made pursuant to the above provisions. This has generated a lot of arguments. Some are of the view that the AGF cannot unilaterally emend the RPC without consultation or recourse to the BAR COUNCIL. However, a careful and microscopic perusal of the LPA clearly shows that THE AGF is the president of the BAR COUNCIL. In other words, it is my view that there is a rebuttable presumption that the AGF acted in line with the provisions of the law, since he is the president of the BAR COUNCIL. It behoves on the Members of the BAR COUNCIL to complain that they were not carried along. Therefore, it is my humble submission that the AGF acted within the scope of his power as the president of the BAR COUNCIL, at least for now. However, if it turns out that he amended the Rule without recourse to the BAR COUNCIL, then he acted ultra vires.
Removing the Requirements of STAMP AND SEAL CANNOT BE A BLESSING.
The need for the requirements of stamp and seal can not be over emphasied. The policy of Stamp and Seal introduced by the NBA few years ago was a good step in the right direction which was aimed at restoring sanity in the legal profession and regulating the activities of imposters.
Prior to the introduction of the NBA STAMP AND SEAL, we had situations where nonlawyers/ clients after engaing lawyers to prepare documents, sou Motu reproduce the precedent in subsequent transactions without recourse to the lawyer. We also have situations where clients and nonlawyers connive with paralegals to get precedent from their places of work and execute same without the consent and knowledge of the lawyers whose names appears on the said documents. The list is inexhaustible.
REMOVING THE REQUIREMENTS OF STAMP AND SEAL WILL FURTHER WATER DOWN THE PROFESSION AND EXPOSE THE NBA TO RIDICULE.
The introduction of the Stamp and Seal has been a blessing to the legal profession. Infact, it has further reduced and checkmated the activities of fake lawyers. To a large extent, it brought nobility and pride to the legal profession as it distinguished the legal profession from other professions in Nigeria. It is my view that removing such an excellent provision at a time like this, will not only water down the profession but will further ingnite the division and disunity that is cooking in different quarters.
Conclusion:
While we await the response of other members of the Bar Council to ascertain whether the AGF acted suo motu or not, it is important to clearly state that the amendment of the RPC , particularly the abolition of STAMP AND SEAL is suspicious and is tantamount to a retrogression in the legal profession. In as much as we all are clamouring for the amendment of the RPC, the provisions relating to STAMP AND SEAL is not one them.
It is my veiw that the amendment abolishing Stamp and Seal will only encourage division, fuel disunity, water down the profession and expose the legal profession to the activities of fake lawyers and unscropulous imposters. Thus, it is indeed a curse and not a blessing to abolish Stamp and seal.
Long live NBA !
Long live the legal profession!!
Long live the Federal Republic of Nigeria!!!
Culled From: Thenigerialawyer.com
