Tina Amanda
A Federal High Court sitting in Port Harcourt has struck out the suit instituted by Samuel Amatonjie, a Lawyer against the Attorney General of the Federation Abubakar Malami; the President of Nigeria Bar Association and the Incorporated Trustees of the Nigeria Bar Association.
The suit is challenging the controversial unilateral amendment to the rules of professional conduct for legal practitioners 2007, made by the Attorney General of the federation on 3rd September 2020, without the approval of the Bar Council.
The suit urged the Court to set aside the said Statutory Instrument No. 15 of 2020 and also sought for perpetual injunction restraining the Attorney-General of the Federation.
The suit challenged the authority of the Attorney-General of the Federation to so amend the said Rules of Professional Conduct, 2007 by deleting among other provisions, the provision relating to legal practitioners’ stamp and seal.
In his ruling, the presiding Judge, Justice Adamu Mohammed, held that the plaintiff lacks the locus standi.
The court ruled that the plaintiff is not a member of the General Council of the Bar and that the court lacks jurisdiction as the court trial ought to have been in Abuja where the Attorney General reside, and thereby struck out the suit.
In an interview with our correspondent, Plaintiff Samuel Amatonjie maintained that he has the locus standi likewise every other lawyer in Nigeria to challenge any purported amendment done on the said rule of professional conduct.
He said the amendment of the rules of legal professional conduct 2007 where rules 9,10,11,12 and 13 were deleted such as the rule on continuing legal education, and the rule on stamp and seal, will encourage quacks into the profession.
Amatonjie emphasized that any rule made which affects lawyers ought to be challenged and checkmated, especially one that was outrightly done by the Attorney without approval or meeting of the Bar Council. While insisting that he will challenge the ruling in Appeal Court.
