The Nigerian Bar Association has clarified that the recent judgment of the Federal High Court did not invalidate the NBA Stamp and Seal regime or aspects of its Continuing Professional Development policy. The association, in a statement obtained by TVC News on Sunday, explained that contrary to reports circulating on……
The Nigerian Bar Association has clarified that the recent judgment of the Federal High Court did not invalidate the NBA Stamp and Seal regime or aspects of its Continuing Professional Development policy.
The association, in a statement obtained by TVC News on Sunday, explained that contrary to reports circulating on social media, the decision of the Federal High Court cannot be interpreted as overturning or displacing the binding authority of the Supreme Court of Nigeria.
For the guidance of legal practitioners and the general public, it is important to clarify that the decision of the Federal High Court cannot be interpreted as overturning or displacing the binding authority of the Supreme Court of Nigeria
According to the statement signed by its General Secretary, Mobolaji Ojibara, the Supreme Court already affirmed the legal effect and enforceability of the Stamp and Seal requirement under the Rules of Professional Conduct for Legal Practitioners, 2007.
The statement read, “The attention of the Nigerian Bar Association (NBA) has been drawn to reports circulating on social media suggesting that the recent judgment of the Federal High Court has invalidated the NBA Stamp and Seal regime established pursuant to Rules 11 and 12 of the Rules of Professional Conduct for Legal Practitioners, as well as aspects of the Continuing Professional Development (CPD) Policy.”
The NBA referenced the Supreme Court judgment in the case involving the All Progressives Congress and General Bello Sarkin Yaki, where the apex court upheld the Stamp and Seal policy.
The association explained that in the judgment delivered on October 27, 2015, Justice Nwali Sylvester Ngwuta held that court processes filed without the NBA Stamp and Seal were improperly filed but not automatically null and void.
According to the NBA, the Supreme Court ruled that such defects could still be regularised by subsequently affixing the approved stamp and seal.
“The process filed in breach of Rule 10(1) can be saved and its signing and filing regularised by affixing the approved seal and stamp on it. It is a legal document improperly filed and the fixing of the stamp and seal would make the filing proper in law,” the statement quoted from the apex court judgment.
The NBA also cited the concurring judgment of Justice Clara Bata Ogunbiyi as well as the Court of Appeal decision in NBA v. Kehinde.
The association stressed that Supreme Court decisions remain binding on all lower courts under Section 235 of the 1999 Constitution.
“It is settled law that decisions of the Supreme Court are binding on all lower courts in Nigeria, including the Federal High Court,” the statement added.
The association said although it was yet to obtain and fully review the Federal High Court judgment, it was confident that the ruling could not invalidate the Supreme Court’s position on the enforceability of the Stamp and Seal regime.
The association reassured lawyers, courts, court registries and the public that the Stamp and Seal policy remains operational and enforceable across Nigeria.
According to the NBA, the policy was introduced to regulate legal practice, prevent impersonation and protect members of the public from fake lawyers.
“It remains a vital instrument for maintaining professional standards and preserving the integrity of the legal profession in Nigeria,” the statement concluded.
