The Incorporated Trustees of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) and its secretary, Dr Tonye Clinton Jaja, have approached the Court of Appeal in Abuja, challenging the judgment of the Federal High Court, which dismissed their suit against the Nigerian Bar Association (NBA) and other legal regulatory bodies over the controversial “Blue Silks” rank.
In a notice of appeal filed with the Abuja Judicial Division of the Court of Appeal, the appellants seek to overturn the May 13, 2026, judgment delivered by Justice J.K. Omotosho in suit marked FHC/ABJ/CS/421/2026.
The respondents in the appeal are 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).
The dispute arose from the appellants’ introduction of the “Blue Silks” rank, an honorary title reportedly created within their association for legal practitioners, which the NBA and LPPC allegedly considered unlawful and capable of undermining the constitutionally recognised Senior Advocate of Nigeria (SAN) rank.
Justice Omotosho had dismissed the appellants’ originating motion seeking enforcement of their fundamental rights to fair hearing and freedom of association under Sections 36, 40 and 46 of the 1999 Constitution, as well as provisions of the African Charter on Human and Peoples’ Rights.
The trial court further held that Section 36(1) of the Constitution on fair hearing applied mainly to courts and tribunals and not administrative bodies such as the respondents.
The court also ruled that the appellants were allowed to defend themselves but failed to utilise it, thereby estopping them from alleging denial of fair hearing.
In addition, the court declared that only the LPPC is legally empowered to confer the rank of Senior Advocate of Nigeria and ordered the appellants to desist from conferring or purporting to confer the “Blue Silks” rank or any similar title on lawyers in Nigeria.
Dissatisfied with the ruling, the appellants lodged a seven-ground appeal accusing the trial judge of misinterpreting constitutional provisions and making orders beyond the issues submitted before the court.
Among other arguments, the appellants contended that the lower court erred in holding that constitutional guarantees of fair hearing do not extend to administrative and quasi-judicial bodies exercising disciplinary powers.
They argued that the NBA and LPPC had already prejudged them before inviting them to appear in disciplinary proceedings, citing correspondence in which their conduct was allegedly described as “promoting an unlawful and unrecognised privileged rank.”
The appellants also faulted the court for dismissing their suit partly on the ground that the supporting affidavit was deposed to by the Administrative Secretary of the association rather than the appellants personally.
According to them, the association, being a corporate body, can only act through its officers and representatives, adding that the court elevated technical procedure above substantive justice in a fundamental rights action.
On the issue of freedom of association, the appellants maintained that no Nigerian law prohibits private legal associations from conferring honorary titles on their members, provided such titles do not contravene any existing law.
They further argued that the trial judge lacked jurisdiction to make what they described as “substantive consequential orders” against them after dismissing their case, especially in the absence of any counterclaim by the respondents.
The appellants accused the court of violating their right to a fair hearing by granting reliefs that were neither sought nor canvassed by any of the parties.
They are asking the Court of Appeal to set aside the entire judgment, nullify the consequential orders restraining the conferment of the “Blue Silks” rank, and grant all the reliefs contained in their original suit.
The reliefs include declarations that the respondents violated their constitutional rights to fair hearing and freedom of association, a perpetual injunction restraining disciplinary proceedings against them over the “Blue Silks” issue, and N50 million in damages for alleged breach of their fundamental rights.
They are also seeking a public apology to be published in two national newspapers, as well as costs against the respondents.
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