A fresh debate over the future of legal professional representation in Nigeria has erupted following the recent judgment of Justice Gladys Olotu of the Federal High Court directing the Corporate Affairs Commission (CAC) to register the Nigerian Law Society (NLS) as an alternative association for lawyers.
In the aftermath of the ruling, Dr. Olisa Agbakoba, OON, SAN, FCIArb — Chairman of the Board of Trustees of the Nigerian Bar Association (NBA) — has ignited nationwide discussion with bold remarks questioning the long-standing monopoly of the NBA and advocating a pluralistic system where multiple associations can exist side by side.
Speaking candidly, Agbakoba queried the logic behind a single mandatory association for Nigerian lawyers:
“I don’t see why we can’t have more than one NBA. There’s no reason. The accountants have two.”
His analogy underscores a broader argument: other professions, including accountancy, operate effectively with multiple professional bodies tailored to different needs. Agbakoba’s contention is that legal practitioners should equally enjoy freedom of choice, competition, and improved service delivery from their representative organisations.
Anchoring his position on constitutional rights, he stated:
“Personally speaking, I’m not opposed to having more than one association of lawyers because the Constitution says that anyone is free to associate.”
This, he argues, places freedom of association at the centre of the conversation. According to him, compelling all lawyers to belong to one association could be inconsistent with constitutional guarantees, especially in a country as diverse and dynamically evolving as Nigeria.
Agbakoba went further to shift attention from the debate over structure to the substance of representation:
“At the end of the day, it’s not about whether it’s only one NBA; it’s about what the NBA does for its members. So I have nothing against having more than one body of lawyers.”
His remarks suggest that performance, value, and accountability — not exclusivity — should define the relevance of any professional association. The introduction of multiple associations, he implied, could spur healthy competition, strengthen advocacy, and inspire more member-centric service delivery.
Dr. Agbakoba pointed to models from other jurisdictions to demonstrate that multiple bar associations are neither novel nor problematic. In the United States, lawyers join the American Bar Association alongside state and specialized bar associations — from trial lawyers to IP practitioners. In the United Kingdom, solicitors and barristers operate through distinct representative bodies, complemented by numerous voluntary associations.
Such diversity, he argued, has encouraged specialization, strengthened institutional accountability, and given legal professionals broader options for representation.
With the Federal High Court affirming the legal basis for registering the NLS and a respected figure like Agbakoba publicly supporting professional pluralism, Nigeria appears poised for a pivotal transformation in its legal landscape.
Culled: Barrister.ng