Lawyer asks court to strip Body of Benchers of powers

An Abuja-based lawyer, Hamid Ajibola Jimoh, has asked a Federal High Court in Abuja to strike out the provisions of the powers of the Body of Benchers for contravening the constitution.

In an originating summons filed before the court, Jimoh asked the court to invalidate the provisions of Section 23A (1) (b), (2) and (3) of the Legal Practitioners (Amendment) Decree No 21, 1993 and Act of 2004 as being inconsistent with Chapter IV of the 1999 Constitution.

The section prohibits the commencement of any legal action against the Body of Benchers relating to the exercise of its powers. The body is responsible for the Call to Bar of persons to practice law in Nigeria.

The section further provides that “any action of the type mentioned in Subsection 1 of this section which, prior to the commencement of this section is pending in any court as well as any such action which may be brought by any person after the commencement of this section against the Body of Benchers, a Caretaker Committee of the Nigerian Bar Association, or any officer or member or committee of the members of the Body of Benchers, shall abate, be made to be void and of no effect whatsoever.”

The lawyer wants the court to declare that the decree is an existing law pursuant to Section 315 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and has the force of law in Nigeria.

No date has been fixed for hearing.