Why CAC, NBA should leave alone the Law Society

Sir: There is a Nigerian proverb that says: “The sky is big enough for all the birds to fly without colliding into each other”.

This Nigerian proverb ought to be the guiding principle for the leadership of the Nigerian Bar Association (NBA) and the Corporate Affairs Commission (CAC).

From the get-go, the Nigerian Law Society (NLS) has made it clear that it is not in any form of competition against the Nigerian Bar Association (NBA).

The NLS exists as an alternative professional Association for Nigerian lawyers, just the same way as other professions allow two professional associations such as the Institute of Chartered Accountants of Nigeria (ICAN) co-exists with the Association of National Accountants of Nigeria (ANAN).

Section 40 of the 1999 Nigerian Constitution permits professionals to form Associations such as the NLS.

The NLS was officially launched in October 2022. The NLS society was established in a bid to re-define the ideas of the founding fathers of the legal profession in accordance with Section 40 of the 1999 Nigerian Constitution which guarantees freedom of association of both individuals and professional Associations.

On 15th December 2023, a Federal High Court, based in Abuja granted an Order directing the Corporate Affairs Commission to register the Nigerian Law Society.

Instead of the outgone President of the NBA to focus on more pressing issues such as the lingering crisis surrounding the allegations of financial impropriety, annual report as alleged by the outgoing treasurer of the NBA, the NBA has applied to the Court of Appeal, to be joined as a party to a lawsuit against the NLS.

The original appeal was filed by CAC against the judgment of the Federal High Court, Abuja which ordered the CAC to immediately register the NLS.

Instead of immediately complying with the said judgment which is a declaratory judgment and therefore cannot be stalled on the grounds of stay of execution, the CAC has appealed against the said judgment.

Also, instead of awaiting the outcome of its ongoing appeal at the Court of Appeal, Abuja Division, the CAC has embarked on the illegal act of writing petitions against the NLS to different government agencies such as the Nigerian Communications Commission (NCC), the Department of State Security (DSS) and the Inspector-General of the Nigeria Police Force.

The Registrar-General of the CAC in all these petitions has been economical with the truth by not informing the said agencies that there is a judgment in favour of NLS that ordered CAC to register the NLS. Instead.

Dr Tonye Clinton Jaja, the executive director of the Nigerian Law Society, wrote from Abuja.