By Sylvester Udemezue
By Rule 10 of the Rules of Professional Conduct for Legal Practitioners in Nigeria, 2023, NBA has the exclusive powers to prescribe stamp and seal which gives an insignia of validity to any legal document prepared by a lawyer in Nigeria. The RPC further requires that a legal practitioner acting as such legal practitioner, or as a legal officer or adviser of any Government Department, Ministry or any corporation, who signs or files a legal document must affix on any such document his seal and stamp approved by the NBA. The requirement of stamp and seal applies to all legal documents prepared by a lawyer. Legal documents envisaged include pleadings, affidavits, depositions, applications, instruments, agreements, deeds, legal letters, memoranda, reports, legal opinions or any other similar legal documents. This exclusive regulatory powers of the NBA to prescribe stamp and seal has been judicially endorsed. See ALL PROGRESSIVE CONGRESS V. GENERAL BELLO SARKINYAKI SC/722/15 (reported as SENATOR BELLO SARKINYAKI V. SENATOR ATIKU BUBAKARBAGUDUORS (2015) LPELR-25721 SC); ), (2015) 18 N.W.L.R (Pt. 1491) 288; ADEWALE & ANOR V. ADEOLA & ORS (2015) LPELR-25972(CA), the Court of Appeal (Per AGIM, J.C.A. (Pp. 16-17, Paras. D-A; 19-20, Paras. A- B, P 20, Para C-E). The Nigerian Supreme Court has also ruled that any process filed in court by a lawyer in Nigeria without affixing the Stamp and Seal prescribed and approved by the NBA is deemed to be not properly filed. See also: JOSIAH CORNELIUS LTD AND ORS V. EZENWA (1996) LPELR-1632 (SC) and In Re OSIBAKORO D. OTUEDON (1995) LPELR-1506 (SC).
However, following acknowledged widespread inconvenience and challenges occasioned by noticed delay in the production and dispatch of NBA stamps/seals to successful applicants, the immediate past leadership of the Nigerian Bar Association led by Y.C. Maikyau, SAN, had adopted measures to combat the unpredictability of the physical stamp regime. The immediate past General Secretary, Mr Adesina Adegbite had in a statement hinted that NBA had “developed and implemented a digital stamp (e-stamp) as an alternative”. Attributing the noticed delay in NBA stamps/seals production to constraints faced by the stamps producer largely due to foreign exchange rates and inflation, Mr Adegbite on behalf of the NBA expressed the deep regret for the inconveniences caused by the delays. He added that previous resistance to a cost-revision aimed at protecting the interests of its members was what ultimately led to the unavoidable consequences being experienced.
Days after the statement by Mr Adegbite, and in a landmark event, the Maikyau-led NBA leadership launched what it called “the Secure Digital Stamp and Seal”, said to be a revolutionary, cutting-edge innovative solution, powered by blockchain technology and designed to modernize and streamline legal practice in Nigeria, with a view to addressing the long-standing document authentication challenges and enhancing the credibility and security of legal processes. The digital stamp/seal initiative, said to be seamlessly integrated into Microsoft Word, and a tamper-proof, verifiable, and user-friendly solution, marked a significant shift from the traditional physical stamps, aimed at eliminating delays and inefficiencies that had hitherto plagued the stamp/seal system. According to the NBA leadership, such advancements “are crucial for aligning the legal profession with global best practices.” Finally, in his report to NBA’s 2024 Annual General Meeting held in Lagos on 28 August 2024, the NBA-GS recommended that an upward review of the cost of procuring the NBA stamp/seal would ensure its availability in view of prevailing economic realities.
However, upon taking over the mantle of NBA leadership on 29 August 2024 as its President, Mazi Afam Osigwe immediately promised to look into the stamp/seal imbroglio with a view to resolving the same in the interest of NBA members. Shortly thereafter, an official statement published on September 11, 2024 on NBA’s official blog, and under the title, “Mazi Afam Osigwe, SAN Leads NBA In Resolving Stamp Distribution Delays” read in part:
“Distinguished Colleagues. In an effort to urgently resolve the ongoing issues regarding the production and distribution of NBA Stamps, as well as the resultant dissatisfaction among members, the President of the NBA, Mazi Afam Osigwe, SAN, on Monday, the 9th of September 2024, convened an emergency meeting with the Chairmen and Secretaries of NBA branches. During the meeting, which was also attended by the Managing Director of Strataflex Ltd, the consultants engaged by the NBA for the production of adhesive stamps, President Osigwe provided an in-depth explanation of the reasons behind the delay in the production and distribution of stamps. The delay is essentially attributed to the inability of the consultant to cope with rising production costs. The current price of Four Thousand Naira per pack of four sheets of stamps, which has been in effect since the contract’s inception in 2015, is no longer sustainable. This has led to substantial costs for both the NBA and the stamp producers. It was revealed that market fluctuations have made the current production model unsustainable. This financial imbalance has severely impacted the producer’s capacity to meet demand, resulting in operational losses and eventually leading to the producer’s decision to suspend production. To ensure improved efficiency in the production and distribution of stamps, a phased adjustment of the current price has become imminent. Consequently, effective from the 1st of November 2024, a negotiated adjustment will increase the price from Four Thousand Naira per pack of four sheets of stamps to Six Thousand Naira per pack. Additionally, from the 1st of January 2025, members will be required to pay Seven Thousand Naira for a pack of four sheets of stamps to sustain the initiative effectively.”
A summary of the review plan:
a) ₦4000 per pack Until 31 October 2024;
b) ₦6000 per pack Until 31 December 2024; and
c) ₦7000 per pack after 31 December 2024
Meanwhile, take note of these painful reminders about the prevailing socio-economic realities in Nigeria:
i. In 2015, when the “₦4000 per pack” was introduced, One US Dollar was ₦171. In 2024,One US Dollar is ₦1,650.
ii. Cost of petrol (PMS) per litre in 2015 was ₦180 per litre as opposed to ₦900 – ₦1,400 per litre in 2024;
iii. A bag of rice in 2015 was ₦6,500 – ₦7,500 as opposed to ₦95000 – ₦110,000 in 2024;
iv. A rim of printing paper (A4) which sold for ₦350–₦500 in 2015 is now ₦5,000–₦6,500 in 2024.
In view of these prevailing socio-economic realities about Nigeria, one would not be far from the truth in affirming reality if one suggested that the 75 percent increase may not be realistic in fulfilling the objectives of the review, especially if the main objective of the price adjustment was/is to ensure promptness, stability and consistency in production of the seal, and to forestall any more hiccups, hitches or technical hitches. While it is said that good soup na money make am, truth is that there are no shortcuts to any place worth going, meaning that nothing in this world that’s worth having comes easy. Put differently, what comes easy won’t last long, and what lasts long won’t come easy, which perhaps had informed Theodore Roosevelt’s declaration, that “Nothing worth having comes easy.”
Well, if the current NBA leadership is retaining its predecessor’s plan for issuance of the stamp/seal to be wholly online, then one may be right to agree that a further review of the review may be unnecessary. Else, I respectfully doubt that a further review to, say, ₦10,000 per pack, would not be necessary to bring things in tune with prevailing realities. Some people may not be comfortable with this view, which they may consider unpopular. But it is okay. It was Beverly Sills who once observed: “It seemed no longer important whether everyone loved me or not, more important now was for me to love them”. As Anne Tyler once said, it is very difficult to live among people you love and hold back from offering them advice. Hence my advise to NBA managers and all of the members of the NBA is this: never reject good advice; that’s what makes you wiser. When one sees good advice, one should not only listen to it, but should also take it.
I am sorry that I have to face REALITY. You see, one may succeed in avoiding reality, but one cannot succeed in avoiding the consequences of avoiding reality.
Long live the NBA!
Best wishes to NBA members!
Respectfully,
Sylvester Udemezue (Udems),
Proctor,
The Reality Ministry of Justice (TRM)
08109024556.
therealityministry@gmail.com
(13 September 2024)