COURT OKAYS NEW ASSOCIATION FOR LAWYERS IN NIGERIA

Judge orders immediate registration by CAC

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: “Nigerian Law Society,” “Nigerian Bar Society,” “Nigerian Lawyers’ Society” and “Association of Legal Practitioners of Nigeria.” Justice Olotu, in the judgment given on December 15, 2023, a copy of which The Nation obtained yesterday, 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 plaintiff, name 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 right 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 Right (UDHR). The CAC, in its preliminary objection and defense to the substantive suit, argued among others, that the names are similar to that of the 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 the six reliefs sought by the plaintiffs.

Justice Olotu was of the view that the right to peaceful assembly and association, guaranteed under Section 40 of the Constitution, Article 10 of the ACHPR and article 20 of the UDHR cover the kind of association the plaintiffs plan to register. She held there is nowhere under sections 823, 824 and 825 of Companies and allied Matters Act (CAMA) where the spread and national character are provided as requirements for the registration of an incorporated trustee by the CAC.

Justice Olotu rejected CAC’s argument of similarity with the NBA, noting that the name the first name, “Society of Nigerian Lawyers” did not share any similarity with the NBA; that the second, “Nigerian Law Society” only shares one word with the NBA which is “Nigerian.” She equally noted that the third name “Association of Legal Practitioners” only shares one word with the NBA, which is “Association”, but did not suggest that the names put forward by the plaintiffs are identical to that of the NBA and capable of misleading the public.

The judge also faulted the defendant’s argument that the plaintiffs ought to obtain the approval of the NBA. She held that the NBA is not a government department or body, but just an incorporated trustee and cannot change its status from an incorporated trustee to government department or body.