High Court Grants Approval For Registration Of New Lawyers’ Association In Nigeria

The Federal High Court in Abuja has cleared the way for the registration of a new association of lawyers in Nigeria, potentially breaking the Nigerian Bar Association’s (NBA) monopoly.

The court, in a judgement delivered on December 15, 2023, approved the registration of four proposed names: “The Nigerian Law Society,” “Nigerian Bar Society,” “Nigerian Lawyers’ Society,” and “The Association of Legal Practitioners of Nigeria.”

Judge Gladys Olotu ordered the Corporate Affairs Commission (CAC) to “register any of the proposed names” and issue a certificate of registration.

This ruling comes as a victory for six plaintiffs—Garba Gajam, Emeka Ichoku, Chioma Ferguson, and Tejumola Adigun, including prominent lawyers Bolaji Ayorinde and Mela Audu Nunge, both Senior Advocates of Nigeria (SANs)—who had filed a lawsuit against the CAC.

They sought “a declaration that it is unlawful and illegal for the defendant to refuse to register or impede the registration of the plaintiffs and/or lawyers, legal practitioners or barristers and/or solicitors of the Supreme Court of Nigeria, admitted to practice law in Nigeria as an incorporated trustee of lawyers.”

The plaintiffs argued that their association should be legally recognized, and that the proposed names were not similar enough to the NBA’s to cause confusion.

The judge agreed with their argument, stating that “the names submitted for approval and registration do not fall within the limits of restrictions and Prohibition contemplated under Section 852” of the Companies and Allied Matters Act (CAMA).

The NBA has long been the sole recognized association for lawyers, but it has faced criticism for its perceived lack of transparency and accountability. The emergence of a rival association could offer lawyers a new option and potentially lead to greater diversity and competition within the profession.

The NBA, however, has historically resisted attempts to establish rival groups. In 2022, the Enugu State High Court declared NBA membership compulsory for all lawyers in Nigeria, but this decision was later challenged by the Law Society of Nigeria (LSN), another independent association.