President of the Nigerian Bar Association, Afam Osigwe (SAN), has raised the alarm over the growing trend of conflicting court judgments, warning that the development undermines public confidence in the judiciary and weakens the rule of law.
The NBA also 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
Osigwe made the remarks while speaking at the Law Week of the NBA, Anaocha Branch, themed, ‘Justice Delivery and Prevailing Conflicting Judgements: An Imperative for Urgent Judicial Reforms’.
He said the increasing incidence of courts delivering divergent decisions on similar legal issues, particularly in politically sensitive matters, created uncertainty within the legal system, making it difficult for lawyers to provide clear and reliable advice to clients.
According to the NBA president, the lack of consistency in judicial pronouncements poses a serious threat to the predictability and stability of the law, which he described as essential pillars for maintaining confidence in the administration of justice.
Highlighting concerns about appeals arising from decisions of the Legal Practitioners Disciplinary Committee (LPDC), he noted that affected lawyers were often left in limbo due to uncertainty about the appropriate appellate forum.
Osigwe explained that in some cases, the Supreme Court of Nigeria had directed aggrieved practitioners to an appeals committee of the Body of Benchers, which, according to him, does not exist, thereby compounding procedural confusion and hardship.
Describing the situation as untenable, Osigwe called for urgent reforms and a deliberate shift in judicial approach to address recurring inconsistencies and restore confidence in the legal system.
ACCORDING to a statement at the weekend, by its General Secretary, Mobolaji Ojibara, the NBA noted that the Federal High Court’s decision could not 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 attention of the NBA has been drawn to reports circulating on social media suggesting that the recent judgment of the Federal High Court has invalidated the NBA Stamp and Seal regime established pursuant to Rules 11 and 12 of the Rules of Professional Conduct for Legal Practitioners,” the statement reads.
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.
It explained that in the 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, it added, ruled that such defects could still be regularised by affixing the approved stamp and seal subsequently.
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