THE MAKING OF RPC (AMENDMENT) 2020: ONE WRONG PRECEDENT, MAKES A RIGHT?

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BY: Hameed Ajibola Jimoh Esq.

There have been some grievances towards the use of the powers of making the 2020’s amended Rules of Professional Conducts for Legal Practitioners-herein after referred to as the 2020 RPC (which seeks to amend the 2007’s Rules of Professional Conducts for Legal Practitioners-herein after referred to as the 2007 RPC), which was made by the Chairman of the Bar Council- the Chairman of the Bar Council being the Honourable, the Attorney-General of the Federation. The argument among other arguments is that the Chairman of the Bar Council lacks the statutory powers to make any such amendment without the resolution of the Bar Council in that regard since the Legal Practitioners’ Act, 2004 has only conferred powers of rules of professional conducts on the Bar Council. With due respect to those against the making of the 2020’s RPC, this paper is of the humble view that assuming that the position or the submission is correct that the Honourable the Chairman of the Bar Council lacks such powers, such situation has become a long bad precedent laid down by the 2007’s RPC since the same Chairman (as he then was, though not Abubakar Malami SAN) had used same powers to make the 2007’s RPC, the use of such powers which is clear from the preamble to the said 2007 RPC, hence this paper.

From all that one would observe on the face of the 2007’s RPC, it is clear that it was made the same way that this 2020’s RPC has been made, therefore, in my humble view, the making of the 2007’s RPC has indeed set a bad precedent for the making of the 2020’s RPC. Therefore, in my humble view, if the 2020’s RPC must be annulled, then, the 2007’s RPC must be annulled too! I must also make a point clear here that no one can dominate the legal profession since we are all duly called to Bar as lawyers! The interest of some cabal in the legal profession must not be allowed to prevail over the interests of the majority of the legal practitioners in Nigeria! With due respect, if I am to agree that the making of the 2020’s RPC was unlawfully made, then, it is also not correct that the 2007’s RPC was validly made having regard to its preamble! But very unfortunately for the legal profession and shocking it is to me to find out that some of the members of the legal profession have seen no wrong in the 2007’s RPC and their only argument and or submission is that the 2007’s RPC must stay but the 2020’s RPC must be annulled! This in my humble view, with due respect to them, is a total breach of the trust that the members of the legal profession have placed in those in authority to make the RPC if the 2007’s RPC should be allowed to stand in view of the prevailing violation of the procedures mandated by law which it has violated as these proponents have accused the making of the 2020’s RPC! It then seems as ‘thy shall not talk ill of the 2007’s RPC!’. Therefore, as far as I am concerned, the only validly made RPC is the one pre-2007 or any other one made last in compliance with the resolution of the Bar Council or the authority statutorily empowered to make such law in that regards!

Furthermore, the 2020’s RPC has not amended or repealed the entire 2007’s RPC rather, it only sought to amend Rules: 9(2); 10, 11, 12 and 13, but very unfortunately, the attraction of some lawyers is the Rule 10 of the RPC rather than the misuse of the powers of the making of the 2007’s RPC which has set a bad precedent for the making of the 2020’s RPC. Therefore, in my humble view, if the 2020’s RPC must be annulled, it must sink along with the 2007’s RPC as they are both made in the same error! Also, sometimes around the month of June, 2018, I had petitioned the Honourable the Attorney-General of the Federation, being the Chairman of the Bar Council to utilize his powers by reviewing the Rule 10 of the RPC, 2007. This current 2020’s RPC has disclosed many issues for the legal practitioners to nurse at least for now and it has exposed the secrets behind the 2007’s RPC and it has finally succeeded in exposing the facts that the making of the 2007’s RPC was actually the making of some members of the legal profession in the interests of some set of cabals in the legal profession!

Finally, it is my humble view that it is evident and apparent that the only valid RPC is not the 2007’s RPC rather it is the one which had complied with the statutory requirements i.e. emanated from the authority authorized statutorily to make such RPC. Therefore, the downfall of the 2020’s RPC shall be the downfall of the 2007’s RPC as well.

Hameed Ajibola Jimoh Esq. is a legal analyst and can be reached via hameed_ajibola@yahoo.com

Opinion articles are solely the responsibility of the author and does not necessarily reflect the views of the publishers of LawNigeria.com, They are also not legal advisory and readers are reminded to seek out a lawyer for counsel on specific issues.

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