A Federal High Court sitting in Abuja, Thursday, adjourned till May 12 for hearing in the suit by the Nigerian Bar Association, NBA, challenging the alleged unilateral amendment of the Rules of Professional Conduct, RPC, by the Attorney-General of the Federation, Abubakar Malami(SAN).
The matter is before Justice Donatus Okorowo.
NBA President, Mr. Olumide Akpata, in the company of other national officers and senior members of the Bar, were in court for the hearing.
The suit between Incorporated Trustees of the NBA vs Attorney General of the Federation was filed in January by the NBA Section on Legal Practice, asking the court to declare the said amendment null and void.
NBA is challenging the validity and lawfulness of the Rules of Professional Conduct for Legal practitioners (Amendment) Rules 2021 (S.I. No. 15 of 2020) enacted by the Attorney-General of the Federation.
Recall that Malami, in 2020, amended the provisions of the Rules of Professional Conduct, and deleted provisions relating to the NBA “Stamp and Seal” provision, BPF for government lawyers.
NBA, while faulting the rules as being unlawful, is praying the court to void and set it aside in the interest of justice and fairness to practising lawyers in Nigeria.
At the hearing in the matter on Thursday, Malami neither appeared in court nor was he represented. And no explanation was offered for his absence.
NBA counsel, Mr. Ibrahim Ameh(SAN), expressed displeasure over the absence of Malami in court in a suit in which he is a sole defendant.
He added that Attorney-General had filed a memorandum of conditional appearance and counter-affidavit to the originating summons of NBA served on him and wondered why the defendant did not deem it fit to be in court.
He added that since the matter was for mention, the court should grant an adjournment for the defendant to appear in court.
Justice Okoronwo confirmed that Malami was duly served with the hearing notice and originating summons and had even taken steps to file a memorandum of appearance and counter-affidavit on record.
The matter was consequently adjourned till May 12.
