Supreme Court Affirms That Failure To Affix NBA Stamp & Seal on a legal document renders such legal document incompetent

In a judgment delivered today in Appeal No. SC/722/15 All Progressives Congress (APC) V. General Bello Sarkin Yaki, the Supreme Court upheld the 2nd Cross-Appellant’s Cross appeal against the decision of the Court of Appeal, Sokoto Division which summarily dismissed the 2nd Cross-Appellant’s preliminary objection which challenged the Appellants’ Notice of Appeal for failure to bear the stamp/seal of the legal practitioner who signed it.

In allowing the appeal the Supreme Court upheld the sole issue formulated by the 2nd Cross-Appellant; ‘Whether the Court of Appeal was right to hold that failure of a legal document to have affixed to it a Stamp/Seal as mandated by rule 10(1) of the rules of professional conduct did not carry with it the consequence of rendering such legal document incompetent’.

Legal Practitioners: Court Efficiency Tips

Are you a legal intern? NYSC associate? New Associate? NLS Externship student? Do you follow senior associates to court? Then this is for you!

We have all been there, when you have to be ready for your appearance in court with your senior, we want to make a good impression, we don’t want to look immature, inexperienced or naive.

So, in ensuring your best performance here is a checklist for you to help in court appearances. Hope it helps!

How To Lose Your Case

Photo Credit: Above the Law

Legal Practitioners prefer to win their cases. In litigation, you have to persuade judges that your client’s position is correct.  In some weird circumstances legal practitioners would prefer to lose and not win their case. If your goal is losing, this article is for you. Be sure to incorporate these ideas into your motions and briefs — if you want to lose your case.

I hope the sarcasm is loud and clear…

How to lose your case

Pains of lawyers & litigants at Lagos Federal High Court

Photo Credit: Punch Newspaper

The courtrooms at the Federal High Court in Lagos are small and overstretched, the only hope of having easy days in court for lawyers, litigants and others users lies in the completion of the new courthouse, RAMON OLADIMEJI writes for Punch.

In terms of capacity, the 42-year-old Lagos Division of the Federal High Court on Oyinkan Abayomi Drive, Ikoyi can no longer cope with the present day reality. It has continued to be a tale of daily agony for lawyers, litigants and other categories of court users, who must now count themselves lucky if they, at least, find a space to stand in the small and usually overcrowded courtrooms.

To get a seat in court is a privilege that one must also now guard jealously, because all it takes to lose it is to stand up for only a moment. For those who are able to get into the courtroom at all, it is best to remain there till your business is done, because if you step out for anything, coming back is literally like passing through the eye of a needle, as there is a huge crowd standing in the space that is meant to be the passageway. 

Mr. Charles Ajuyah (SAN) appointed into the Body of Benchers

Former Delta State Attorney-General and Commissioner for Justice, Mr. Charles Ajuyah (SAN) has been appointed as a member of the Body of Benchers by the Nigerian Bar Association (NBA).

A letter by the President of the NBA, Mr Augustine Alegeh (SAN) and dated June 25 explained that Ajuyah’s appointment into the Body of Benchers, the top most echelon of the legal profession in Nigeria took effect from June 25, 2015.

The Nigerian Bar Association (NBA) Seal And Stamp Policy: Prospects And Constraints

Guest Contributor: Tanimola Anjorin

The seal and stamp policy is a top-notch one which is essentially aimed at restoring sanity to the legal profession. After engaging lawyers to prepare documents, some non-lawyers reproduce the precedents in subsequent transactions without seeking the lawyers’ approval.

There are even instances where clients would connive with paralegals to get precedents of legal agreements and execute same without the knowledge of the legal practitioner whose name is on the document. Also, non- lawyers around our court premises engage in preparing legal documents. This policy is a commendable one!

In reaction to the seal and stamp policy, a lawyer on a social media platform asked whether membership of the NBA is compulsory. My simple response was: “there is an automatic membership of the NBA upon being called to the Bar”. As long as one has elected to join and remain within the noble profession, he is a member and must comply with the regulations set by the body. See Chinwo v Owhonda (2008). Every legal practitioner is bound by the directive of the Association

The Rules of Professional Conduct (RPC) is a subsidiary legislation made pursuant to a statutory enactment. The RPC gives the NBA powers to approve seal and stamps. There is no doubt that the policy has the force of law and is therefore, binding on all members of the Association. This analysis would consider the validity, viability, queries, prospect, constraints and other attendant issues relating to this policy.

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NBA Notice to all Legal Practitioners!

NOTICE TO ALL LEGAL PRACTITIONERS

 The Nigerian Bar Association in the exercise of the powers conferred on her by the Rules of Professional Conduct for Legal Practitioners (RPC), 2007 and the need to ensure strict compliance by legal practitioners in private practice or in any kind of salaried employment hereby notifies all legal practitioners as follows:

1. The Nigerian Bar Association has cleared all back-logs in the production of the personalised adhesive Stamp, approved by the National Executive Committee of the NBA pursuant to Rule 10(1) of the Rules of Professional Conduct for Legal Practitioners.

2. The Stamp which will only be issued to verified legal practitioners whose names are on the Roll of lawyers and the database of the NBA (NOT Law Firms) is now produced within seventy-two (72) hours of the receipt of the application.

3. The Stamp will also not be issued to any Legal Practitioner who has not paid his/her Bar Practicing Fee for the current year.

4. The security features in the Stamp will be obvious when it is placed against UV light. The Stamp will disintegrate into four parts when an attempt is made to remove it from any document to which it is adhered. The Stamp will contain each lawyer’s name, Enrolment Number as well as security features. The Stamp comes in two colours: Green for lawyers in private legal practice and Red for lawyers in employment with Ministry of Justice, Ministries, parastatals, agencies, MDAs, banks, corporations, Associations etc.