The Nigerian Law Society (NLS) and the Body of Senior Counsel of Nigeria (BOSCON) have reaffirmed their authority to confer the "Blue Silk" rank, formally known as Senior Counsel of Nigeria (SCN), on their members. They maintain that this process is an internal affair beyond the control of the Legal Practitioners Privileges Committee (LPPC), the Nigerian Bar Association (NBA), or any government institution.
Joint Statement on Internal Authority
In a joint statement released on Friday, as reported by TheCable, the two organisations asserted their exclusive right to confer the rank. The statement, signed by Dahiru Aliyu, president of the NLS, on behalf of the governing councils of both organisations, emphasised that the Blue Silk rank is governed solely by their internal rules and regulations.
This declaration comes approximately two months after the Federal High Court in Abuja dismissed a suit seeking judicial recognition of the Blue Silk rank. In that judgment, Justice James Omotosho held that the suit lacked merit and ruled that only the LPPC has the legal authority to confer the Senior Advocate of Nigeria (SAN) rank on lawyers in the country.
Court Ruling and LPPC Warning
Justice Omotosho stated: "The argument by the applicants that they have a right to freedom of assembly and association does not come into play here. The legal profession is not like joining a political party wherein one can jump from party to party. There is only one legal profession in Nigeria duly recognised by statute, thus a person cannot decide to form his own legal profession as the same would be contrary to the law and thus void."
Months before the judgment, the LPPC had warned lawyers against adopting or parading the Blue Silk designation, insisting that SAN remains the only professional rank recognised under the Legal Practitioners Act. The LPPC stated that the Blue Silk title lacks statutory backing and cautioned that lawyers who use it could face disciplinary consequences under the Rules of Professional Conduct.
NLS and BOSCON's Position
Despite the court ruling, the NLS and BOSCON maintain their stance. According to their statement, the Blue Silk rank is conferred on members of the NLS using a criterion of 35 verifiable non-litigation transactions assessed by BOSCON. Candidates apply voluntarily, pay prescribed fees, and upon taking the oath during the conferment ceremony, agree to be bound by the rules and regulations of both organisations. They argue that these rules were made pursuant to the Companies and Allied Matters Act, 2020, and the SMEDAN Act, 2003.
The organisations likened their position to the NBA's recent insistence that only its leadership and Board of Trustees have the authority to regulate its internal affairs, including the conduct of its elections, without interference from external authorities. They argued that, in the same vein, no individual, government official, or institution should interfere with the conferment of the Blue Silk rank.
Reliance on Earlier Court Judgment
The groups also relied on a judgment delivered by Justice Inyang Ekwo of the Federal High Court on 27 January, which they said established that the Blue Silk rank is not mentioned in the Legal Practitioners Act. On that basis, they argued that neither the NBA, the LPPC, nor any other individual or institution has the authority to interfere with the conferment of the rank.
In the earlier suit that sought judicial validation, the plaintiffs—the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) and one of its members, Tonye Jaja—argued that the Legal Practitioners Act did not prohibit the Blue Silk initiative and that efforts to stop it violated their constitutional rights to freedom of association and fair hearing. However, Justice Omotosho dismissed the suit, holding that the applicants failed to establish any breach of their fundamental rights.
Continuing Disagreement
The LPPC's position remains unchanged, underscoring the continuing disagreement between the committee and the promoters of the Blue Silk initiative over whether such a distinction can exist outside the framework of the Legal Practitioners Act. The NLS and BOSCON continue to insist on their authority, setting the stage for further legal and professional debates.
