The Nigerian Bar Association has clarified that the recent judgment of the Federal High Court did not invalidate its Stamp and Seal policy or aspects of its Continuing Professional Development framework, contrary to claims circulating on social media.
In a statement issued on Saturday and signed by the NBA General Secretary, Mobolaji Ojibara, the association maintained that the court ruling does not override an earlier decision of the Supreme Court affirming the legality of the Stamp and Seal requirement for legal practitioners.
“The attention of the Nigerian Bar Association 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 read.
The association referenced a Supreme Court judgment involving the All Progressives Congress and General Bello Sarkin Yaki, noting that the apex court upheld the enforceability of the Stamp and Seal policy.
According to the NBA, 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 void.
“The process filed in breach of Rule 10(1) can be saved and its signing and filing regularised by affixing the approved seal and stamp on it. It is a legal document improperly filed and the fixing of the stamp and seal would make the filing proper in law,” the association quoted from the Supreme Court judgment.
The NBA also cited a concurring judgment by Justice Clara Bata Ogunbiyi and referred to the Court of Appeal decision in NBA v. Kehinde in support of its position.
Reaffirming the legal hierarchy, the association stressed that Supreme Court rulings remain binding on lower courts, including the Federal High Court, under Section 235 of the 1999 Constitution.
“It is settled law that decisions of the Supreme Court are binding on all lower courts in Nigeria, including the Federal High Court,” the statement added.
Although the association said it had yet to obtain and thoroughly review the Federal High Court judgment, it expressed confidence that the ruling could not invalidate the Supreme Court’s position on the Stamp and Seal regime.
The NBA further reassured legal practitioners, courts, court registries and members of the public that the policy remains operational and enforceable nationwide.
According to the association, the Stamp and Seal system was introduced to regulate legal practice, curb impersonation and protect the public from fake lawyers.
“It remains a vital instrument for maintaining professional standards and preserving the integrity of the legal profession in Nigeria,” the statement concluded.
