UNLAWFUL PROMOTION OF AN ILLEGAL “PRIVILEGED RANK” PURPORTED FOR LEGAL PRACTITIONERS
Dear Dr. Jaja,
The attention of the Nigerian Bar Association (NBA) has been drawn to videos, reports and materials indicating that you have been promoting, circulating, and or advocating the creation or conferment of a so-called “privileged rank” for legal practitioners.
The Leadership of the NBA view your action has been inconsistent with the legal profession’s regulatory framework, and for misrepresenting or circumventing established institutional structures, capable of misleading members of the profession and the public.
Your actions therefore constitute professional misconduct under both Legal Practitioners Act and the Rules of Professional Conduct.
I have therefore been directed by the President of the NBA to hereby request an explanation from your good-self about the videos, reports and materials making round indicating that you have been promoting, circulating, and or advocating the creation or conferment of a so-called “privileged rank” for legal practitioners.
For the avoidance of doubt by Section 5 of the Legal Practitioners Act (LPA), the Legal Practitioners’ Privileges Committee (LPPC) is the only body legally recognised in Nigeria to confer the rank of Senior Advocate of Nigeria (SAN).
No individual or group of individuals has the authority to create, announce, or promote any alternative title that imitates or parallels the rank of Senior Advocates of Nigeria.
By Rule 74 of the Rules of Professional Conduct for Legal Practitioners (RPC), any lawyer who acts in contravention of the rules commits professional misconduct and is liable to punishment as provided in the Legal Practitioners Act.
Your attempt to create or advance a parallel “privilege rank” for legal practitioners in Nigeria, therefore, undermines the established rule for Legal Practitioners in Nigeria, potentially creating confusion, devaluation of the rank of Senior Advocates, and conflict within the legal profession.
Such actions jeopardize the legitimacy of recognised institutions and interfere with the statutory processes that confer honour and responsibility within the Bar. Your conduct constitutes professional misconduct.
You are kindly requested to submit a written explanation within fourteen (14) days from the date of your receipt of hard copy or email of this letter.
Your response must be accompanied by a witness statement on oath deposed to by your good-self in a Magistrate Court, High Court, National Industrial Court or Federal High Court as well as the witness statement on oath of any witness you may wish to call during the hearing of the matter.
Your passport photograph and that of any witness you intend to call should be attached to the witness statement on oath.
The Witness Statement under oath must contain specific and concise statement of material facts which you will rely on for your defence to the allegation.
The witness statement on oath must be divided into paragraphs, numbered consecutively. You may also attach documents to the witness statement on oath where necessary.
Take note that you shall state your full name, Supreme Court Enrolment Number, your contact address, email address, phone number(s) in your response.
Also note that failure, refusal and or neglect to timely respond to this letter will not preclude a disciplinary panel of the NBA to proceed with the investigation of the matter.
You are to produce 20 copies of your defence and forward same to:
The General Secretary
Nigerian Bar Association
National Secretariat (NBA House)
Plot 1001, Muhammadu Buhari Way,
Central Area, Abuja.
You will be contacted if and or when a hearing is scheduled. Please note that a Panel may dispense with the hearing of the parties to a petition if in its opinion, it can arrive at a decision that a prima facie has or has not been made out against the Respondent in reliance on the documents before it.
Also note that failure, refusal and or neglect to timely respond to this letter will not preclude the investigation of the matter by a disciplinary Panel of the Nigerian Bar Association.
Please treat as urgent, thank you.
Yours faithfully,
DR. MOBOLAJI OJIBARA
General Secretary
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