NBA President Raises Alarm Over Conflicting Judgments
The President of the Nigerian Bar Association (NBA), Afam Osigwe (SAN), has expressed deep concern over the increasing trend of conflicting court judgments, warning that this development erodes public trust in the judiciary and weakens the rule of law. Speaking at the Law Week of the NBA, Anaocha Branch, themed 'Justice Delivery and Prevailing Conflicting Judgements: An Imperative for Urgent Judicial Reforms,' Osigwe highlighted the negative impact of divergent decisions on similar legal issues, especially in politically sensitive cases.
Osigwe noted that such inconsistencies create uncertainty within the legal system, making it difficult for lawyers to offer clear and reliable advice to their clients. He stressed that the lack of consistency in judicial pronouncements poses a serious threat to the predictability and stability of the law, which are essential for maintaining confidence in the administration of justice.
Appeals from LPDC Decisions Cause Confusion
Osigwe also addressed concerns regarding appeals arising from decisions of the Legal Practitioners Disciplinary Committee (LPDC). He explained that affected lawyers often face uncertainty about the appropriate appellate forum. In some cases, the Supreme Court of Nigeria has directed aggrieved practitioners to an appeals committee of the Body of Benchers, which, according to Osigwe, does not exist, thereby compounding procedural confusion and hardship. He described this situation as untenable and called for urgent reforms and a deliberate shift in judicial approach to address recurring inconsistencies and restore confidence in the legal system.
NBA Clarifies Stamp and Seal Ruling
In a related development, the NBA has clarified that the recent judgment of the Federal High Court did not invalidate the NBA Stamp and Seal regime or aspects of its Continuing Professional Development policy, contrary to reports circulating on social media. According to a statement by the NBA General Secretary, Mobolaji Ojibara, the Federal High Court's decision cannot override the binding authority of the Supreme Court, which had already affirmed the legality and enforceability of the Stamp and Seal requirement for legal practitioners.
The association referenced the Supreme Court judgment in the case involving the All Progressives Congress (APC) and General Bello Sarkin Yaki, where the apex court upheld the Stamp and Seal policy. In that judgment, delivered on October 27, 2015, Justice Nwali Sylvester Ngwuta held that court processes filed without the NBA Stamp and Seal were improperly filed but not automatically null and void. The Supreme Court ruled that such defects could still be regularised by affixing the approved stamp and seal subsequently. The NBA urged the public to disregard misleading reports and rely on the Supreme Court's authoritative position.
