Recent public discussions and commentaries have raised concerns that the proposed amendments to the Legal Practitioners Act seek to divest the Nigerian Bar Association (NBA) of its regulatory autonomy or transfer practising licence powers to the Body of Benchers. A careful and objective examination of the Bill currently before the National Assembly shows that these concerns are unfounded and do not reflect the true intent or content of the proposed legislation.
A proper understanding of the Bill, particularly proposed Section 28, demonstrates that the amendment does not weaken the NBA. Rather, it clearly and expressly reinforces the NBA’s authority to regulate legal practice in Nigeria, including the issuance and renewal of practising licences.
For clarity, proposed Section 28 of the Legal Practitioners Act provides as follows:
- “28. Practising licence and practising fees
Subject to the regulations made by the Nigerian Bar Association, a person whose name is on the Roll shall practise as a legal practitioner where he obtains a practising licence from the Association certifying that he is entitled to practise as a legal practitioner in accordance with the provisions of this section before offering any form of legal service. - The practising licence shall be issued or renewed at intervals as prescribed under the regulations made from time to time by the Nigerian Bar Association.
- The practising licence shall be issued or renewed by the Association if satisfied that the applicant has—
(a) paid annual practising fees as may from time to time be prescribed by the Bar Council stipulated in this Act for the year the application is made;
(b) satisfied the Nigerian Bar Association that he is a person of good character; and
(c) in the case of renewal, obtained the required number of credits under a Mandatory Continuing Professional Development programme administered or approved by the Association. - A person without a valid licence shall not—
(a) present himself before a court, tribunal, or arbitrator as a legal practitioner;
(b) act as in-house counsel or be employed as such; or
(c) act or hold himself out as a legal practitioner in any form. - The Association shall—
(a) issue a receipt to any legal practitioner who pays practising fees; and
(b) publish annually a list of legal practitioners who have paid practising fees.”
A plain reading of the above provision establishes the following beyond doubt:
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- The power to issue and renew practising licences is expressly vested in the Nigerian Bar Association.
2. Regulatory control flows from regulations made by the NBA, reinforcing professional self-governance.
3. Compliance monitoring, enforcement, character assessment, CPD accreditation, and fee administration are all responsibilities assigned to the NBA.
4. No provision confers licensing authority on the Body of Benchers, nor does any section remove, dilute, or transfer any existing regulatory powers of the NBA.
- The power to issue and renew practising licences is expressly vested in the Nigerian Bar Association.
At no point does the Bill assign practising licence functions to the Body of Benchers or undermine the NBA’s statutory role. Any interpretation suggesting otherwise is not supported by the text of the proposed legislation.
Rather than eroding the autonomy of the NBA, the proposed amendment codifies and strengthens its central role in regulating legal practice, aligns Nigeria’s legal profession with global best practices, and promotes accountability through structured licensing and continuing professional development.
Robust debate and stakeholder engagement are vital components of any law reform process. However, such engagement must be grounded in accurate reading and faithful interpretation of legislative provisions, particularly where the independence of the Bar and the confidence of legal practitioners are concerned.
Members of the profession are therefore encouraged to carefully examine the Bill as proposed, participate constructively in public hearings, and contribute to the reform process with clarity, precision, and fidelity to the law.
Sabastine Anya
1st Vice President,
Nigerian Bar Association
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