Unilateral Modification of RPC: We’re estopped from difficult the ability of AGF – Bar Council Member, Okutepa SAN
Prime Lawyer and a member of Common Council of the Bar, JS Okutepa SAN has reacted to the unilateral modification of the authorized practitioners Guidelines of Skilled Conduct, RPC, by the Lawyer Common of the Federation, AGF, Abubakar Malamai SAN.
In response to Okutepa, Legal professionals are estopped from opposing the unilateral modification of the RPC by the AGF as a result of they’ve in 2007 supported it when the modification favored the NBA.
Under is his full response
I don’t suppose we as members of the authorized career are constant in our stand and condemnation of illegally and usurpation of capabilities notably on the alleged amendments mentioned to have been made to Guidelines of Skilled Conduct within the Authorized Career 2007.
This morning I woke as much as learn from social media that the Hon the Lawyer Common of the Federation has amended the Guidelines of Skilled Conduct within the Authorized Career 2007.
I’m but to verify this. But when the amendments completed are certainly on the occasion and by the Hon Lawyer of the Federation, then I see the condemnation by some authorized Practitioners as belated and never properly rooted in good religion.
The reason being easy. As attorneys we have to be constant in our stand and positions. I had mentioned earlier than that the suitable organ saddled with the responsibility and duty to problem and make the Guidelines of Skilled Conduct within the Authorized Career is the Common Council of the Bar pursuant to part 12(4) of the Authorized Practitioners Act as amended by regulation No 21 of 1994.
The 2007 Guidelines was issued by the Hon Lawyer Common of the Federation. Those that care to learn the Guidelines can see the preamble to the Guidelines whereby it was expressly said to have been issued by the Hon the Lawyer Common of the Federation.
As a result of that Guidelines conferred extra monetary benefits on our Affiliation NBA, no person took my stand and few different attorneys critical once we spoke that the Guidelines was not issued in accordance with due technique of regulation. I recall Prof Ojukwu SAN talking on this at one NBA capabilities.
Underneath the 2007 Guidelines, I had the privilege to guide the prosecution of attorneys who dedicated Skilled misconduct and a few had been debarred and a few suspended from apply.
As attorneys we collectively led the workplace of the Hon the Lawyer Common of the Federation to imagine that it has energy and responsibility to problem the Guidelines. What’s the hullabaloo on the alleged amendments mentioned to have been made by the Hon the Lawyer Common of the Federation then for.
Did we not use the outdated one made by the HAGF.
I learn the assertion of my superb discovered buddy Mazi Afam Osigwe. Stunning. I respect his views. He captures properly the place of regulation. However past this stunning place of regulation, did we as attorneys not those that has inspired this usurpation of capabilities and powers through the years.
The place had been the eagle eyes of the authorized career gone to when the earlier Guidelines that conferred monetary benefit on our Affiliation was getting used.
Have we not through the years accepted as right wrongs and rots in our career.
I don’t wish to suppose and imagine that it’s as a result of the modification if true is attracting our pious and eagle eyes now as a result of it’s more likely to deny our affiliation monetary advantages. We have to be constant in what we do and problem illegality and usurpation of powers even when such usurpation is to our skilled Affiliation benefit. It’s then I can observe correctly. For now we’re estopped from difficult the ability of AGF to problem us new Guidelines. Am simply making an attempt to make sense.
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