NBA Maintains That Stamp and Seal Requirements Remain in Effect Regardless of Recent Court Ruling

The Nigerian Bar Association has issued a statement to clarify that the recent Federal High Court judgment does not nullify the NBA Stamp and Seal regime or aspects of its Continuing Professional Development policy, despite contrary reports circulating on social media.

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This clarification was made in a statement released on Saturday, signed by the association's General Secretary, Mobolaji Ojibara, to address the misleading reports.

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According to the NBA, the Federal High Court's decision is superseded by the binding authority of the Supreme Court, which had previously confirmed the legitimacy and enforceability of the Stamp and Seal requirement for legal practitioners.

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The association's statement noted that reports on social media suggested the Federal High Court judgment had invalidated the NBA Stamp and Seal regime, which was established pursuant to Rules 11 and 12 of the Rules of Professional Conduct for Legal Practitioners.

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The NBA cited the Supreme Court judgment in the case involving the All Progressives Congress and General Bello Sarkin Yaki, where the apex court upheld the Stamp and Seal policy, to support its claim.

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In the October 27, 2015, judgment, Justice Nwali Sylvester Ngwuta ruled that court processes filed without the NBA Stamp and Seal were improperly filed but not automatically null and void.

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The Supreme Court also ruled that such defects could still be regularised by subsequently affixing the approved stamp and seal, as stated in the judgment.

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The NBA quoted the apex court judgment, which stated that "the process filed in breach of Rule 10(1) can be saved and its signing and filing regularised by affixing the approved seal and stamp on it.

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The association also referenced the concurring judgment of Justice Clara Bata Ogunbiyi, as well as the Court of Appeal decision in NBA v. Kehinde, to further support its position.

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According to the NBA, Supreme Court decisions, such as these, remain binding on all lower courts under Section 235 of the 1999 Constitution.

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The statement added that "it is settled law that decisions of the Supreme Court are binding on all lower courts in Nigeria, including the Federal High Court."

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Although the NBA has yet to obtain and fully review the Federal High Court judgment, it expressed confidence that the ruling could not invalidate the Supreme Court's position on the enforceability of the Stamp and Seal regime.

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The association reassured lawyers, courts, court registries, and the public that the Stamp and Seal policy remains operational and enforceable across Nigeria.

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The NBA introduced the policy to regulate legal practice, prevent impersonation, and protect members of the public from fake lawyers, and it "remains a vital instrument for maintaining professional standards and preserving the integrity of the legal profession in Nigeria."