Tina Amanda
A Federal High Court sitting in Port Harcourt has ruled in favor of the Nigerian Bar Association, NBA, in a fundamental right suit filed by Chukwuma Chinwo against the Association, Attorney General of the Federation and the Corporate Affairs Commission.
Justice Muhammed Sani in his Judgement dismissed the suit for lacking in merit, as the Plaintiff did not prove to the court how the 3rd Defendant, Nigerian Bar Association infringed on its fundamental right.
The Judge ruled further that the Plantiff having by himself ceased to be a member of NBA can not be questioning the privileges conferred on members.
The Plaintiff, Chukwuma Chinwo, had approached the court to declare if Nigerian Bar Association has the right to enforce lawyers to be registered under it, have stamp and seal before they could practice since it’s a voluntary organization.
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Also, he Prayed the court to determine if the Nigerian Bar Association has the right to regulate the practice of someone called to bar by the Supreme Court and whether a lawyer called to the bar by the Supreme Court needs a stamp and seal to practice.
The suit further prayed the court to determine whether Nigerian Bar Association being a voluntary organization does have the right to infringe on the fundamental right of lawyers by enforcing lawyers to be members, as lawyers can choose to be members or not.
Speaking to our correspondent, Tina Amanda, John Akubo Counsel to the Plaintiff Chukwuma Chinwo, said they are considering to appeal the judgment, stressing that NBA is a voluntary organization and should be seen as such, and not be empowered with powers or rights to stop lawyers from practicing even they do not have stamp and seal.
Also, Angus Chukwuka Counsel to the 3rd Defendant, Nigerian Bar Association, said it is a welcome Judgement as the court agreed with them that NBA has the constitutional right to enjoy all the privileges it confers on its members
“The claimant wanted the court to declare that the Nigerian Bar Association does not have the right to issue stamp and seal for lawyers to subscribe to, that NBA does not have the power to organize continuing legal education for lawyers, does not have the power to appoint or recommend someone for appointment to be senior advocate. What we did is to provide the law for the court to see that in the law Nigerian Bar Association has been given those powers”
On his part, Ibrahim Mohammed, Counsel to the Attorney General of the Federation said it is a victory for the Nigerian Bar Association, adding that the court ruled that the 1st Defendant, Attorney General, has a form of statutory role to play over NBA, as the office of Attorney General forms a governing body of the council and no way will the issues in question will be determined without the 1st Defendant being sued in the matter.
