By Prof Ernest Ojukwu, SAN (Teacher)
Generally, the answer is No.
A simpler way to frame the question is this: Does being called to the Bar automatically make one a member of a Bar Association? The answer depends on the jurisdiction. In Nigeria, however, the answer is Yes.
To understand why, it is important to distinguish between being called to the Bar and being a member of a Bar Association, let us look at the following:
Meaning of “the Bar”
The term “Bar” originally referred to the physical railing in old English courts that separated the public gallery from the area reserved for legal practitioners (barristers). Over time, “the Bar” came to signify the collective body of lawyers authorized to practice law in a given jurisdiction.
Being called to the Bar therefore refers to the personal milestone of becoming a qualified lawyer — one who has passed the required examinations, met character requirements, and been formally licensed to practice. By contrast, a Bar Association is the professional organization that represents lawyers, regulates their conduct, offers continuing education, and advocates for the profession.
In essence, being called to the Bar marks your entry into the legal profession and joining a Bar Association makes you part of the structured community of practicing lawyers.
In Nigeria, the authority to call a person to the Bar resides with the Body of Benchers.
Mandatory vs. Voluntary Bar Associations
Bar association membership can be mandatory (integrated/unified bar) or voluntary, depending on the jurisdiction.
England and Wales
In England, there is no “Bar Association” in the typical sense. A barrister becomes a member of the Bar upon being called to it. The Bar Council represents barristers, while the Bar Standards Board regulates them. In addition, there are traditional institutions such as the Inns of Court (Lincoln’s Inn, Inner Temple, etc.), as well as specialist and regional bar associations.
United States
In the U.S., “the Bar” also refers to the collective body of lawyers licensed to practice in a given jurisdiction (states). To practice law, a lawyer must be in good standing with the State Bar, which serves as the regulatory authority in most states. In integrated (or unified) bar states, all practicing lawyers are required by law to belong to the state bar. In other states, regulation is handled by a separate body, and membership in voluntary bar associations (such as the American Bar Association or New York State Bar Association) is optional.
Thus, while one must be admitted to the Bar to practice law, joining a voluntary bar association is not mandatory. For instance, in California, membership in the State Bar of California is compulsory for practice, but joining the California Lawyers Association is voluntary.
Canada
In Canada, legal regulation is handled by provincial and territorial law societies, membership in which is mandatory for practice. Meanwhile, bar associations (such as the Canadian Bar Association, CBA) serve advocacy and professional development functions and are voluntary. Each province or territory has its own CBA branch — for example: CBA–Alberta, CBA–British Columbia (CBA–BC), Ontario Bar Association (OBA), and others.
Regulatory control rests with law societies such as the Law Society of Ontario, Law Society of British Columbia, and Barreau du Québec- and membership is mandatory.
Nigeria
The Nigerian Bar Association (NBA) is sui generis — unique in nature. Although registered as a voluntary association, it enjoys statutory recognition and performs regulatory functions under the Legal Practitioners Act (LPA) and the Rules of Professional Conduct (RPC). (Ojukwu, 2025)
Ordinarily, being called to the Nigerian Bar should not, in theory, require membership in the NBA. However, Nigerian courts have held — though arguably incorrectly — that being called to the Bar is synonymous with being a member of the NBA, but have correctly held that the NBA is a regulatory body for all lawyers, making membership effectively mandatory.
Judicial Authority
In Nigerian Bar Association v. Mr. Oluwole Kehinde (2017) LPELR–49798, the Court of Appeal held:
“The Nigerian Bar Association (NBA) was established for the purpose of regulating the affairs and conduct of all legal practitioners in Nigeria and, upon being called to the Nigerian Bar, there is automatic membership to the NBA… Hence, as long as one has elected to join and remain within the noble profession, he is a member and ought to comply with the directives of the Association.” — Per Nimpar, JCA (pp. 25–27, paras. D–A)
The Court also recognized (correctly) that the NBA’s regulatory powers under the Rules of Professional Conduct (RPC) have the force of law.
Statutory Provisions under the Legal Practitioners Act (LPA)
The LPA formally integrates the NBA into the legal framework:
– Section 1(2) – 20 members of the NBA represent the Association at the Bar Council.
– Section 3(1) – The NBA President and 30 members sit on the Body of Benchers.
– Section 8(2) – The Attorney-General must consult the NBA before prescribing practicing fees.
– Section 8(3)(c) – 90% of the practicing fee is paid to the NBA.
– Sections 10(2), 10(3), and 23A – The Body of Benchers may exercise powers of management over the NBA.
– Section 11(2) – The NBA appoints four members to the Disciplinary Committee.
– Section 15(1) – The NBA President and three members must be on the Remuneration Committee.
Under the Rules of Professional Conduct (RPC), the NBA also handles:
– Lawyers’ stamp and seal issuance,
– Mandatory Continuing Legal Education (MCLE),
– Practice licence renewals,
– Anti–money laundering compliance, and
– Branch-level registration of new practitioners and law firms.
The proposed Legal Practitioners Bill 2025 further expands the NBA’s statutory and regulatory roles.
Conclusion
Given the NBA’s extensive statutory recognition, judicial endorsement, and regulatory authority, it would be purely academic to argue that membership in the Nigerian Bar Association remains voluntary. While “call to the Bar” and “Bar Association membership” are conceptually distinct, in Nigeria, the two have become functionally inseparable.
By Prof Ernest Ojukwu, SAN (Teacher)