The Federal High Court in Abuja has approved the creation of another association for Nigerian lawyers different from the existing Nigerian Bar Association (NBA).
Justice Gladys Olotu, in a judgment, ordered the Corporate Affairs Commission (CAC) to register any of the three names suggested by the promoters of the new association.
The names put forward by those behind the new group are: “The Nigerian Law Society,” “Nigerian Bar Society,” “Nigerian Lawyers’ Society,” and “The Association of Legal Practitioners of Nigeria.”
Justice Olotu, in the judgment given on December 15, 2023, a copy of which The Nation saw on Monday, faulted the refusal of the CAC to register any of the names when they were earlier presented to it by those behind the new body.
Since 1933, when it was founded, the NBA has remained the sole professional body for legal practitioners in the country.
In December 2022, a group of lawyers led by Lagos-based lawyer Kunle Ogunba (SAN) announced the creation of a new body known as the Law Society of Nigeria (LSN).
The promoters of the LSN were, however, confronted with a brick wall when they applied to the Corporate Affairs Commission (CAC) for registration as an incorporated trustee.
The decision was challenged in court via a suit marked FHC/ABJ/CS/482/2023 filed by a lawyer and rights activist, Kingdom Okere, which he prosecuted along with Clement Onwewunor (SAN).
The suit had, as plaintiffs, Chief Bolaji Ayorinde (SAN), Mela Audu Nunghe (SAN), Ambassador Garba Gajam, Chief Emeka Ichoku, Mrs. Chioma Ferguson, and Tejumola Adigun.
The CAS was listed as the sole defendant.
The plaintiffs argued that the CAC’s refusal to register any of the four proposed names violated their rights under Section 40 of the Constitution, Article 10 of the African Charter on Human and Peoples’ Rights (ACHPR), and Article 20 of the Universal Declaration of Human Rights (UDHR).
The CAC, in its preliminary objection and defence to the substantive suit, argued, among others, that the names are similar to those of the plaintiff and would be misleading.
It also contended that the plaintiffs lacked the required spread and national character.
In a certified summary of the judgment, Justice Olotu ordered the CAC “to approve for registration and thereafter register any of the proposed names submitted to it on behalf of the plaintiffs, being: “Nigerian Law Society” or “Nigerian Bar Society” and “Society of Nigeria Lawyers,” Nigerian Lawyers’ Society,” or Association of Legal Practitioners of Nigeria” and issue a certificate of registration to that effect.”
The judge proceeded to grant all six reliefs sought by the plaintiffs.