By Ekokoi Solomon
On 6th April 2019, the Nigerian Bar Association (NBA) issued a notice which it captioned “Non-payment of Bar Practising Fees on or Before 31st March of Each Year – Consequences and Remedies”.
From the notice, it is apparent that the NBA is attempting to create a new category of professional misconduct. This is because in paragraph four (4) of the notice, the NBA stated thus: “Furthermore, failure or neglect to pay the Annual Practising Fees and the Branch Dues, as and when due, shall be deemed to be an act of professional misconduct.”
The issue with the above is the phrase, “and Branch Dues”. As far as I know, the payment of NBA Branch Dues is not mandatory. The Rules of Professional Conduct (RPC) provides for the payment of Annual Practising Fees by every legal professional. It does not mention payment of Branch Dues. The payment of Branch Dues has only been made compulsory because it has been tied with the payment for the NBA Stamp. Otherwise, I consider it is an optional payment for any legal practitioner who wishes to support the activities of his/her local Bar.
My take on this is that the NBA is out, yet again, to introduce a new rule which is alien to the RPC on legal practitioners. This is the same way it introduced Stamps with expiry dates when that is not what is contemplated under the RPC.
Editor’s Note
The Nigerian Bar Association (NBA) is the umbrella professional body of all lawyers that have been called to the Nigerian Bar as Barristers and Solicitors of the Supreme Court of Nigeria. Like all professional bodies, the NBA requires her members to pay certain fees and dues.
Leesi Ebenezer Mitee
Legal Informaticist; Pioneer global advocate for the universal recognition of the right of free access to public legal information as a human right
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