ABUJA, Nigeria (VOICE OF NAIJA)- The Nigerian Bar Association has stated that the recent judgment of the Federal High Court did not nullify the NBA Stamp and Seal regime or any part of its Continuing Professional Development policy, contrary to claims circulating on social media.
The clarification was contained in a statement issued on Saturday and signed by the NBA General Secretary, Mobolaji Ojibara.
According to the association, the Federal High Court ruling cannot supersede the authority of the Supreme Court, which had earlier upheld the legality and enforceability of the Stamp and Seal requirement for lawyers.
“The attention of the Nigerian Bar Association has been drawn to reports circulating on social media suggesting that the recent judgment of the Federal High Court has invalidated the NBA Stamp and Seal regime established pursuant to Rules 11 and 12 of the Rules of Professional Conduct for Legal Practitioners,” the statement said.
READ ALSO: Osigwe Sworn In As 32nd NBA President
The NBA referred to the Supreme Court judgment in the case involving the All Progressives Congress and General Bello Sarkin Yaki, where the apex court affirmed the validity of the Stamp and Seal policy.
The association explained that in the judgment delivered on October 27, 2015, Justice Nwali Sylvester Ngwuta held that court processes filed without the NBA Stamp and Seal were improperly filed but not automatically void.
According to the NBA, the Supreme Court ruled that such defects could still be corrected by subsequently affixing the approved stamp and seal.
“The process filed in breach of Rule 10(1) can be saved and its signing and filing regularised by affixing the approved seal and stamp on it.
It is a legal document improperly filed and the fixing of the stamp and seal would make the filing proper in law,” the statement quoted from the apex court judgment.
The NBA also referenced the concurring judgment of Justice Clara Bata Ogunbiyi and the Court of Appeal ruling in NBA v. Kehinde.
The association stressed that decisions of the Supreme Court remain binding on all lower courts under Section 235 of the 1999 Constitution.
“It is settled law that decisions of the Supreme Court are binding on all lower courts in Nigeria, including the Federal High Court,” the statement added.
READ ALSO: NBA, Atiku Seek Suspension Of Controversial Tax Reform Laws
The NBA noted that although it had yet to obtain and fully examine the Federal High Court judgment, it was confident the ruling could not overturn the Supreme Court’s position on the enforceability of the Stamp and Seal regime.
The association reassured lawyers, courts, court registries and the public that the Stamp and Seal policy remains valid and enforceable nationwide.
According to the NBA, the policy was introduced to regulate legal practice, curb impersonation and protect the public from fake lawyers.
“It remains a vital instrument for maintaining professional standards and preserving the integrity of the legal profession in Nigeria,” the statement concluded.