By Sylvester Udemezue
With due respect, the claim that the Continuing Professional Development (CPD) Rules of the Nigerian Bar Association (NBA) are ultra vires is legally unfounded and ill-advised. A combined reading of the LPA and Rules 11 and 12 of the Rules of Professional Conduct (RPC) 2023, along with judicial pronouncements in NBA v. Kehinde (2017) 11 NWLR (Pt. 1576) 225 at 250–251, paras H–A (per Nimpar, JCA), and Chinwo v. Owhonda (2008) 3 NWLR (Pt. 1074) 341 at 361, clearly establishes that the NBA’s issuance and enforcement of CPD rules is lawful and well within its regulatory authority. It’s also in line with standard practice internationally.
That said, the real issue lies not in the validity of the CPD Rules, but in the prioritisation of such a policy in the face of far more pressing concerns affecting legal practitioners across Nigeria. CPD is important, but it is not the most urgent of our problems. In fact, it may rank among the least.
While the NBA has the statutory power to enforce CPD compliance, the fundamental question is whether this is what Nigerian lawyers need most at this critical time, or whether it best serves the overall interest of the legal profession. Respectfully, the answer is no. The NBA has unfortunately lost sight of the most critical issues. Consider the following; the list is not exhaustive:
1. Remuneration Order 2023: A Toothless Innovation: The Legal Practitioners’ Remuneration Order 2023 contains laudable provisions aimed at improving legal fees and practice standards. However, it remains largely ineffective. Why? Because compliance is abysmally low; likely less than 2%. Worse still, non-compliance attracts no real consequences. Without enforceability, the Remuneration Order is practically dead on arrival. What is the NBA doing to remedy this fatal flaw? Regrettably, nothing beyond press statements and letters that achieve almost nothing. In Nigeria, laws are obeyed only when strictly enforced. Mere appeals or sensitisation efforts will not work. Consider election litigation: only when Section 285 of the Constitution compelled compliance did timelines begin to be respected.
2. Unimplemented Section 66(3) of the Police Act 2020: Section 66(3) of the Nigeria Police Act 2020 offers a transformative opportunity to protect human rights in police stations while simultaneously creating gainful employment for thousands of Nigerian lawyers. In a commentary titled, “How Implementing Section 66(3) of the Nigeria Police Act 2020 Could Minify Frictions Between Lawyers and Policemen…” (published 05 January 2024), I suggested about 16 benefits of implementing Section 66(3) of the Police Act 2020: (1) it would help resolve persistent misunderstandings between lawyers and police over suspect rights; (2). Clearly defines the supportive role lawyers can play at police stations; (3). Will check Human Rights Abuses; enhances protection of suspects from police misconduct; (4). Help to advance respect for constitutional rights and to reinforce constitutional rights to counsel and fair hearing; (6). Will improve Legal Compliance by promoting police adherence to due process and legal safeguards; (6). Will encourage public confidence in the criminal justice process; (7). Will guarantee immediate access to legal advice during arrest or detention; (8). Will help to reduce arbitrary detention; Will discourage unlawful detention and extortion by ensuring legal oversight; (9). Will strengthen oversight by enabling lawyers (who are also NBA members) to serve as watchdogs within police stations; (10). Will Promote legal education because the lawyers (Divisional Legal Officers) will continue to educate the police officers about suspect rights and legal standards; (11). Will foster collaboration and cooperation between police and legal practitioners; (12). Will help decongest the prisons by reducing pre-trial detentions through early legal intervention; (13). Will encourages accountability by detering impunity among rogue officers through legal presence; (14). Will help improve the image of the Police thus portraying them as a more professional and rights-respecting police force; (15). Will enables systemic reform; facilitates broader criminal justice reform by institutionalizing lawyers’ access. What is the NBA doing to push for its implementation? Absolutely nothing.
3. Lack of Legal Departments at the LGA Level In Nigeria: Nigeria remains one of the few countries without legal departments at the local government level. Such departments would not only enhance governance and rule of law at the grassroot but also significantly expand employment opportunities for legal practitioners. In an article titled “Ten Immediate Benefits of Having a Legal Department in Each Local Government in Nigeria & Ten Critical Stakeholders to Help Make this Happen” (published 21 April 2021) I outlinef ten immediate benefits of having a legal department at the LGA level in Nigeria: (1) Lawyers in LG Legal Departments would represent the LGs in Area, Magistrate, and High Courts, and also handle local prosecutions. (2) They would provide continuous legal advice to Local Government Councils on administrative and governance matters. (3) The departments would advise on matters relating to issuance of Customary Rights of Occupancy, playing roles similar to State Ministries of Justice and Lands. (4). They could establish and manage Mediation Centres and offer legal aid services to enhance grassroots access to justice. (5). Employing lawyers in LGAs would reduce the over-concentration of lawyers in urban centres, encouraging legal professionals to relocate to rural areas. (6). Rural residents would gain easy access to legal services like drafting of agreements and legal advice, without needing to travel to cities. (7). Legal officers would also assist in criminal prosecutions, especially in courts within their local government areas. (8). LG legal officers could form a pool from which Magistrates and Judges may be appointed, fostering local judicial growth. (9).With each of the 774 LGAs employing 10–20 lawyers, the initiative could create over 7,740–15,480 legal jobs nationwide.(10). Every other department (Health, Education, Agriculture, etc.) exists in LGAs; creating Legal Departments ensures fairness and recognition of legal functions at the local level. The question now is, what advocacy is the NBA undertaking in this regard? Zero!
4. MDAs Operating Without Legal Departments: Thousands of Ministries, Departments, and Agencies (MDAs) in Nigeria operate without legal departments. If even half were required to maintain in-house legal teams, it would revolutionise job creation for lawyers. Has the NBA done anything to drive this? No.
5. Persistent Harassment of Lawyers by Law Enforcement: Daily reports of harassment, intimidation, and assault on lawyers by security agencies abound. Yet, the NBA’s only response is to issue press statements, after the fact. There is no proactive, institutionalised system for prevention or legal redress.
6. Lack of Legislative Advocacy: How many Bills has the NBA sponsored to improve the welfare or practice environment for Nigerian lawyers? None of note. For comparison, the Nigerian Society of Engineers (NSE) successfully championed legislation to prevent NYSC posting of engineers to secondary schools. Meanwhile, lawyers continue to face the worst conditions during NYSC.
7. A Broken System of Justice Administration: Justice delivery in Nigeria is painfully slow and ineffective. Why has the NBA not sponsored Bills to reform procedural timelines or improve judicial infrastructure? Even if such legislation fails, the advocacy itself could catalyse reform. Speedy trials would inspire client confidence and revive the litigation market, benefiting lawyers immensely.
8. Judicial Salary Reforms: A Good Start, But Not Enough: The NBA under Mr. Yakubu Chonoko Maikyau, SAN, made commendable strides in pushing for improved judicial salaries, achieving a 300% increase. However, after securing this for judges, what about lawyers? There is no parallel effort to enhance the economic or professional well-being of legal practitioners.
9. Neglect of Lawyers in Public Service: Public sector lawyers remain among the lowest-paid professionals in government, especially when compared with their counterparts in medicine and engineering. Yet, the NBA has made no concrete moves to reverse this trend. Instead, it has, in some cases, even alienated lawyers in public service.
10. RPC 2023 and the Unfair Targeting of Public Sector Lawyers: Compare the RPC 2023 with Rule 49 of the Code of Medical Ethics in Nigeria (2004), which governs medical and dental practitioners. While the latter allows a more accommodating stance toward public service and private practice, the RPC seems excessively punitive toward lawyers in government. Why is the NBA so invested in hunting down public service lawyers rather than supporting their advancement?
11. And the List Goes On… From poor welfare systems to inadequate mentorship, to absence of career mobility frameworks, among many others, these are the true priorities. CPD compliance is at the very bottom.
12. The Greatest Failing Of the NBA Is Misplaced Priorities: If the NBA must reform legal practice in Nigeria, it must start from the top, not from the bottom. CPD enforcement, while lawful and useful, should not be the NBA’s flagship policy at this time. Instead, attention should urgently shift toward: (a). Enforceable remuneration frameworks that has capacity to revamp the economic welfare of lawyers in Nigeria; (b). Employment and welfare reforms; (c). Legislative advocacy; (d). Legal department creation across government; (e). Improved access to justice. Let the NBA place people (its members) at the heart of its agenda. That’s what real leadership demands.
Respectfully,
Sylvester Udemezue (udems)
Proctor, The Reality Ministry of Truth, Law & Justice (TRM)
08021365545 udems@therealityministry.ngo mails@therealityministry.ngo
www.therealityministry.ngo.
(30 July 2025)
