Rumbles at the Bar Over Payment of Practising Fees

Rule nine of the rules of professional conduct for legal practitioners (2007) provides that a lawyer shall pay his annual practising fees not later than 31st march of every year. However, a number of practising lawyers could not comply with this directive when the designated receiving bank shuts its door abruptly at 12 noon to all its customers, including lawyers due to announcement of electin results. Wale Igbintade reports

Section 3(2) (a) (ii) of Nigerian Bar Association, NBA Constitution provides that a lawyer shall pay his annual practising fees not later than 31st March in every year. The fees are paid yearly into the account of the Supreme Court of Nigeria, where every lawyer enrolled to practice as a Barrister and Solicitor of the Supreme Court of Nigeria. The constitution further stipulates that ‘’any member who fails or neglects to pay the prescribed Annual Practicing Fees before the end of March each year shall, as long as he/she remains in default, have no right:

(a) Of audience in court,

(b) To prepare, authenticate or frank any legal document, including Memorandum and Articles of the Association,

(c) A failure or neglect to pay the Annual Practicing Fees, as and when due, shall be deemed to be an act of professional misconduct’’.

Aside being called to Bar, prompt payment of practising fee is what gives the legal practitioner the licence to act as one. It is imperative to note that any lawyer who defaults risks forfeiture of every right a legal practitioner enjoys in court, corporate practice or an in-house counsel and loss of other rights and privileges generally. All these go to show the essence of payment of practising fees in the noble profession.

In addition, lawyers are expected to pay their branch dues in their various NBA branches and such dues are used by the NBA to finance all its numerous projects. Some of these projects include capacity building; professionalisation initiatives of the NBA Secretariat; human capacity building at national level; institutional synergy with regional and international organisations; human rights programme; anti-corruption crusade and other initiatives aimed at uplifting the legal profession standards.

Penultimate week, the NBA in a paid advertisement recently informed its entire members that payment for the annual Bar practising fee that commenced from January 1, 2015, would end on March 31, 2015. The advertorial went further to state that all legal practitioners enrolled at the Supreme Court of Nigeria, whether in private, public or corporate practice are required to pay their practising fees on or before the end of March 2015.

The schedule of fees is as follows;

*Senior Advocates of Nigeria and Honourable Benchers, N50, 000.

*Legal practitioners of 15 years or more standing post call, N25, 000.

*Legal practitioners of 10 years or more standing, but less than 15 years post call, N17,500.

*Legal practitioners of 5 years or more standing, but less than 10 years post call, N10,000. *Legal practitioners of less than 5 years standing post call, N5, 000.

Stamp and Seal Project

The NBA at a National Workshop on the countdown to the 2015 general elections held in Abuja, signed a strategic partnership agreement with Strateflex Nigeria Limited for the production of adhesive paper stamps for lawyers. The NBA stamp policy requires that lawyers affix their numbered stamp on every document endorsed by or emanating from them.

Connected with the payment of practising fees is the introduction of ‘’Stamps for Lawyers’’, which required practising lawyers to affix their STAMPS on every legal document prepared and/or endorsed in accordance with law. According to the NBA, the use of the stamps shall become mandatory from the April 1, 2015. A packet of 120 stamps according to the NBA costs N4, 000 and payment should be made into NBA account with Access Bank Plc.

However, National Mirror gathered that quite a large number of practising lawyers were unable to comply with the directive of NBA and could not pay their practising fees as at March 31 because the designated bank, Access Bank unexpectedly shut its doors to customers at 12 noon on March 31, 2015 due to possible fear of breakdown of law and order when the results of the March 28 presidential elections were being announced by the Independent National Electoral Commission (INEC). Hence, many lawyers, who went to various branches of the bank between 12. 01 pm and 4 pm on March 31 could not pay.

A Lagos based- lawyer, Mr. Ibukun Oyeyipo told the National Mirror, ‘’ I tried my best to pay my practising fee but I could not. The bank closed at 12 o’clock as against the mandatory time of 4.00 pm. I later gathered that it was due to the apprehension over the just- concluded presidential election. He lamented that ‘’ Unfortunately, junior lawyers do not have anybody to fight for them since the death of human rights lawyer, Chief Gani Fawehinmi of blessed memory. ‘’

Like Oyeyipo several lawyers across the country were caught in this web last March 31. A lawyer who preferred anonymity shared Oyeyipo’s view saying that the Access Bank should have notified the NBA in advance on March 30 of its intention to shut its doors to customers by 12 noon on March 31.

Another lawyer, Mr. Ademola Adewale said ‘’every lawyer knows that between January and March 31, he is supposed to have paid his practising fee and if you failed to pay, we all know the consequences. There are some privileges that such a lawyer will not enjoy if he failed to pay within the stipulated date. For instance, if you are applying for Notary Public and you have not paid your practising fee as at 31st of March, that will automatically disqualify you even if you pay after the stipulated period.

Contacted, the Chairman NBA, Ikeja Branch, Mr. Yinka Farounbi said the payment of practising fees is statutory and the option opened to lawyers at that time was to pay the fees on-line to Supreme Court.

Concerning the Stamp and Seal issue, if you did not pay within time, then you should blame yourself. It is only Access bank that NBA has chosen because the association has arrangement with the bank. You cannot say Access Bank is not spread across Nigeria. Even if the date is extended some lawyers will still not pay while others will continue to procrastinate’’.

In his view, Mr. Friday Oshomagbe said ‘’ the constitutional directive is in order in regulations of our association’s activities and all lawyers are encouraged to comply with the directive. I don’t think there is need for extension of time to allow those have not done do. However, members are looking for a better organised association where interest of junior lawyers will be protected.

Oshomagbe however commended the NBA executives for the introduction of stamp for lawyers adding that ‘’it will eradicate touts from the legal profession.’’ He however raised objection over the N2, 000 administrative costs saying ‘’ the intention is good if well implemented to minimize but charges is not necessary having paid the annual dues.

In his opinion, James Ode Abah said ‘’the law is clear without peradventure that generally a legal practitioner has the right of audience in all courts of law sitting in Nigeria. This position has been asserted in a number of decided cases by the Apex Court’’.

‘’In the case of Ajakaiye .v F.R.N (2010) 11 NWLR PT 1206 AT 500 PP PG 523 PARAS F-H the court held that a person who is qualified as a legal practitioner within the meaning of the Legal Practitioners’ Act is entitled and has absolute right and privileges to appear and be accorded audience in any court of law or tribunal throughout the country.

However one major exception to this general rule of the right of audience of lawyers in all courts in Nigeria is clearly stated in Section 8 (2) The Legal Practitioners Act (Cap L11) Laws of the Federation of Nigeria 2004.

The practice of lawyers paying practising fees is clearly rooted in the provisions of Section 8 (2) of The Legal Practitioners Act (Cap L11) Laws of the Federation of Nigeria 2004 which clearly states that no legal practitioner shall be accorded the right of audience in any court in Nigeria in any year, unless he has paid to the Registrar in respect of that year, a practising fee as from time to time prescribed by the Attorney- General of the Federation after consultation with the association ( Nigerian Bar Association). However it is important to note that the provisions of the Legal Practitioners’ Act are statutory and therefore matters of substantive law which cannot be waived.