The Incorporated Trustees of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) and its secretary, Dr Tonye Clinton Jaja, have filed an appeal at the Court of Appeal in Abuja, challenging the Federal High Court's dismissal of their suit against the Nigerian Bar Association (NBA) and other legal regulatory bodies regarding the controversial 'Blue Silks' rank.
Appeal Filed Against May 13, 2026 Judgment
In a notice of appeal lodged with the Abuja Judicial Division of the Court of Appeal, the appellants seek to overturn the judgment delivered by Justice J.K. Omotosho on May 13, 2026, in suit FHC/ABJ/CS/421/2026. The respondents include the Incorporated Trustees of the NBA, Dr Mobolaui Ojibara, Mr Kabir Eniola Akanbi, the Legal Practitioners Privileges Committee (LPPC), and the Legal Practitioners Disciplinary Committee (LPDC).
Dispute Over the Blue Silks Rank
The controversy began when ALDRAP introduced the 'Blue Silks' rank, an honorary title for legal practitioners. The NBA and LPPC allegedly deemed this unlawful and capable of undermining the constitutionally recognized Senior Advocate of Nigeria (SAN) rank. Justice Omotosho dismissed the appellants' originating motion, which sought enforcement of their fundamental rights to fair hearing and freedom of association under Sections 36, 40, and 46 of the 1999 Constitution and the African Charter on Human and Peoples' Rights.
Trial Court's Rulings
The trial court held that Section 36(1) of the Constitution on fair hearing primarily applies to courts and tribunals, not administrative bodies like the respondents. It also ruled that the appellants had an opportunity to defend themselves but failed to use it, thus estopping them from claiming denial of fair hearing. Additionally, the court declared that only the LPPC is legally empowered to confer the SAN rank and ordered ALDRAP to cease conferring the 'Blue Silks' rank or any similar title on lawyers in Nigeria.
Grounds of Appeal
Dissatisfied, the appellants filed a seven-ground appeal, accusing the trial judge of misinterpreting constitutional provisions and making orders beyond the issues before the court. They argue that the lower court erred in holding that fair hearing guarantees do not extend to administrative and quasi-judicial bodies exercising disciplinary powers. The appellants contend that the NBA and LPPC prejudged them before inviting them to disciplinary proceedings, citing correspondence describing their conduct as 'promoting an unlawful and unrecognised privileged rank.'
Technicality vs. Substantive Justice
The appellants also fault the court for dismissing their suit partly because the supporting affidavit was deposed by the Administrative Secretary rather than personally. They argue that as a corporate body, ALDRAP acts through its officers, and the court elevated technical procedure over substantive justice in a fundamental rights action.
Freedom of Association Argument
On freedom of association, the appellants maintain that no Nigerian law prohibits private legal associations from conferring honorary titles on members, provided they do not contravene existing laws. They also argue that the trial judge lacked jurisdiction to issue 'substantive consequential orders' after dismissing the case, especially without a counterclaim. The appellants claim the court violated their right to fair hearing by granting reliefs neither sought nor argued by any party.
Reliefs Sought
The appellants ask the Court of Appeal to set aside the entire judgment, nullify the orders restraining the conferment of the 'Blue Silks' rank, and grant all reliefs in their original suit. These include declarations that the respondents violated their constitutional rights, a perpetual injunction against disciplinary proceedings over the 'Blue Silks' issue, N50 million in damages, a public apology in two national newspapers, and costs.
