The Nigerian Law Society, NLS, has expressed concern over what it described as authoritarian and self-help tactics being deployed by leading officials and institutions in the country’s judicial sector against their perceived opponents.
The NLS specifically accused top officials of the Nigerian Bar Association, NBA, the Legal Practitioners Privileges Committee, LPPC, the Corporate Affairs Commission, CAC, as well as Senior Advocates of Nigeria, SANs, and judges of engaging in practices that violate the rule of law.
The lawyers’ association, which spoke through its Executive Secretary, Dr Tonye Clinton Jaja, was reacting to the ‘tyranny tracker report’, published by the Human Rights Foundation, which established that the administration of President Bola Tinubu is operating a full-fledged authoritarian regime.
Jaja however noted that President Tinubu is not the only tyrant in Nigeria, stressing that top officials of Nigerian law-based institutions are also guilty of authoritarianism, especially in their bid to frustrate the NLS and the introduction of the Blue Silks rank as as an alternative to the SAN title for non-litigation lawyers in the country.
According to him, the judicial sector officials are going against the pronouncement of the Supreme Court.
“Contrary to the admonition of the Supreme Court of Nigeria, officials and institutions in Nigeria are increasingly resorting to the use of “strong-arm” tactics against any perceived opponents.
“This trend is becoming institutionalised and more worrisome when these acts of self-help are perpetuated by lawyers who are officials of law-based institutions that are supposed to promote adherence to the rule of law,” he said.
Listing instances where law-based institutions refused to obey court orders, he said, “In December 2023, Hon. Justice Gladys Olotu delivered a judgment that ordered the Corporate Affairs Commission (CAC) to immediately register the Nigerian Law Society. In that judgment it was held that the registration of the Nigerian Law Society does not infringe upon the rights of the Nigerian Bar Association as lawyers are free to form association of lawyers in accordance with Section 40 of the Constitution of the Federal Republic of Nigeria, 1999.
“Instead of complying with the said judgment, the Registrar-General of the CAC filed an appeal, the former President of the Nigerian Bar Association also joined the NBA in the said appeal at the Court of Appeal, Abuja Division.
“During the pendency of the said appeal, both the Registrar-General of the CAC and the former President of the NBA (Y.C. Maiyakau) both of whom are Senior Advocates of Nigeria (SANs) resorted to self-help through the publication of prejudicial statements against the Nigerian Law Society.
“On the website of CAC, the Registrar-General of the CAC caused to be published a press statement that the Nigerian Law Society is an “illegal organisation”. This statement was issued sometime in the year 2024 when the Court of Appeal had not yet delivered its judgment on the legality or otherwise of the said NLS.”
He added that the former President of the NBA joined in the attack against lawyers who were in support of the Nigerian Law Society by issuing press statements on the revocation of their privileges as former national officers of the NBA.
Also, according to Jaja, based on petitions by the Registrar-General of the CAC and the NBA president, executives of the NLS, including himself, were summoned by the police and the Department of State Services, DSS.
In the same vein, he said a directive by the LPPC which warned SANs against any form of affiliation with both the NLS and the Body of Senior Counsel of Nigeria, BOSCON, the promoters of the Blue Silks rank of Senior Counsel of Nigeria, “is in clear violation of Section 42 of the Nigerian Constitution which prohibits discrimination and Section 40 of the Nigerian Constitution which permits freedom of expression”.
Jaja added, “We are paying lip service to adherence to the rule of law considering that the top officials of the legal profession in Nigeria are at the forefront of intimidation and use of other strong-arm tactics of self-help rather than awaiting the judgments of the courts of law”.
