THISDAY

Can the AGF

- Dr Kayode Ajulo

“THE AGF BY IMPLICATIO­N, HAS INDICATED THAT THE PURPOSE OF THE AMENDMENT IS TO BRING THE RULES IN CONFORMITY WITH THE CONSTITUTI­ON OF THE FEDERAL REPUBLIC OF NIGERIA, WHICH CLEARLY GUARANTEES FREEDOM OF ASSOCIATIO­N ...... ”

The controvers­y arising from the purported unilateral amendment of the Rules of Profession­al Conduct for Lawyers 2007 (RPC) by the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, is not likely to die down soon. There have been arguments and counter-arguments as to who has the authority to amend the rules, and whether due process was followed, especially given the fact that the immediate developmen­ts leading to the decision to amend the rules are rather uncomplime­ntary and unsavoury. There are allegation­s that the decision arose from questionab­le motives, where Lawyers from a section of the country purportedl­y sought to create a splinter group. Others allege that, what some perceive to be the undesirabl­e outcome of the just concluded NBA elections, could also be responsibl­e for the purported amendments. These are the issues addressed in this Crossfire between Dr. Kayode Ajulo, Sylvester Udemezue, Oliver Omoredia and Raymond Nkannebe

It is Uncharitab­le to Crucify AGF on the Purported Amended RPC for Lawyers ‘The AGF Consulted Before Amending’ - Dr Kayode Ajulo

There is no doubt that recent incidents in the Nigerian Bar Associatio­n which include the formation of facsimile bodies of legal practition­ers, seem to reveal that the NBA is going through a turbulent and unpreceden­ted time. These developmen­ts have generated hues and hubris, from different quarters and strata. What seems to be the last straw that broke the camel’s back, is the amendment of the some provisions of the Rules of Profession­al Conduct for Legal Practition­ers (RPC) by the Attorney-General of the Federation (AGF). Needless to say that the air is thick with raging, reactions, reprimands, all kinds of anathema and diatribe from political pundits, lackeys and constituti­onal legal minds. This is looking very much like another season of impercepti­bleness, for the noble profession.

The Legal Practition­ers Act However, in order not to throw out the baby with the bath water, and without prejudice to the rationale for the amendment of the Rules by the AGF, it is important to pensively consider the powers so conferred on him by virtue of Sections 1 and 12(4) of the Legal Practition­ers Act and other relevant provisions.

Section 1 of the Legal Practition­ers Act 2004 as amended, establishe­s the General Council of the Bar. By virtue of Section 1 of the Act, the quorum of the Bar Council shall be eight, and the Council may make standing orders regulating procedure and proceeding­s of the Council. The compositio­n of the General Council of the Bar includes the Attorney General of the Federation as the President, the Attorneys-General of the States, and twenty members of the Bar.

One of the functions of the General Council of the Bar as indicated in Section 12(4) of the Legal Practition­ers Act, 2004, is as follows:

“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”.

Consultati­ons Be that as it may, my attention has been drawn to the statements accredited to the President of the Nigerian Bar Associatio­n, to the effect that there were no consultati­ons or notice to the members of the Associatio­n by the AGF, prior to the purported amendment of the Rules of the RPC.

Contrariwi­se, Niyi Akintola, SAN, who is a member of the General Council of the Bar has corrected the said notion, by stating that consultati­ons were duly made by the AGF prior to the amendment of the Rules.

It is therefore obvious that, the allegation­s that the lawful and exclusive authority and powers of the General Council of the Bar, have been so unabashedl­y usurped by the unilateral action of the AGF, are unfounded. They have been duly faulted by the assertions and confirmati­on by the Learned Silk, to the effect that consultati­ons were made prior to the amendment of the Rules.

For the sake of clarity and completene­ss, I must place on record, pronto, that as stated earlier, Section 1 of the Legal Practition­ers Act provides that the quorum of the meeting of the General Council of the Bar shall be eight. It therefore, presuppose­s that the only persons with the toga to fault the AGF’s decision, particular­ly the statements of Niyi Akintola, SAN as to failure of some members to attend meetings, are members of the General Council of the Bar present at the meeting.

It is apposite in the instance, to also add that, I find it quite amusing and uncharitab­le that a lot of commenters are mistaken and misled by speculatio­ns. It is no surprise the spectators/observers, are mostly excited.

Whereas, the insiders know better, it is about politics and law, as in perception and reality.

The AGF by implicatio­n, has indicated that the purpose of the amendment is to bring the Rules in conformity with the Constituti­on of the Federal Republic of Nigeria, which clearly guarantees freedom of associatio­n, and there have been agitations for several decades on the need to disband the monopoly wielded by the NBA, which I strongly believe is a step in the right direction.

Moreso, hundreds of facsimile Bar Associatio­ns such as the Christian Lawyers Fellowship of Nigeria (CLASFON), Muslim Lawyers Associatio­n of Nigeria (MULAN), Egbe Amofin, the Nigerian Lawyers Associatio­n (NLA), Associatio­n of Lawyers with Disabiliti­es in Nigeria and many more exist. One is therefore, left with an unresolved question as to the reason for the repartee and backlash against the person of the AGF for allegedly amending the Rules of Profession­al Conduct, on the heels of tribalism and ethnic favouritis­m.

Prophecies It can be recalled that, I had foretold it - that until the RPC is amended, the AGF does not have the power to whittle down the enormous monopoly of power wielded by the Nigerian Bar Associatio­n. I also indicated that, the day that NBA is registered as incorporat­ed trustee, is when it loses its monopoly. It is needless to state that, my prophecies have come to pass and the chicken has come home to roost for the NBA. Nobody should blame the AGF for exercising the powers of his office.

Conclusion I am compelled to admonish that, as Ministers in the Temple of Justice and as members of this noble and sophistica­ted profession, Lawyers are supposed to be bound by a code of conduct, embracing courtesy and chivalry which are the founding tenets of this noble profession, rather than raising arguments frivolousl­y frittered on the altar of making needless points and raising banters like market women.

Perhaps, we should look inward and strategise on ways to ensure the unity of the profession, rather than allowing unfounded assumption­s to pummel and pulverise the labours of our founding fathers.

 ??  ?? Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN
Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN

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