Oliver Omoredia’s Rejoinder To “Free NBA Seal ‘Incentive’ For Payment Of Annual Bar Practising Fee Promotes Palliative Mentality”

In a recent article available at https://thenigerialawyer.com/free-nba-seal-incentive-for-payment-of-annual-bar-practising-fee-promotes-palliative-mentality-in-the-nigerian-bar-association/ Learned Law Writer, Sylvester Udemezue, wrote on the Free NBA Stamp and Seal, amongst others, as follows:

“FREE-NBA-SEAL is not a sign of responsible and effective governance but a sort of perpetuation and promotion of palliative mentality which is a major sign of ineffective governance on the part of the NBA and gullible, docile, beggarly, disoriented and fruitless followership on the part of NBA members.”

I beg to differ, not just on the strong language deployed to describe lawyers who are members of the Nigerian Bar Association, but on the general misrepresentation of what the Free NBA Stamp incentive presented, especially in the wake of its termination.

Background

The Nigerian Bar Association free Stamp and Seal Policy was introduced via a notice on the 4^th of January 2021 by the Olumide Akpata-led administration of the Association. In the notice, the former NBA President stating the need for lawyers to pay their Annual Practising Fees within time added, amongst other reasons:

“ …But beyond the aforementioned, and in line with the promises I made to the Bar, upon payment of the BPF and Branch Dues as and when due, members will be entitled to two (2) free packs of stamp and seal (48 stamps in all)”

Therefore, the introduction of free NBA Stamp and Seal was never a token to lure members into payment of Annual Practising Fees as the learned writer frequently alluded, it was a campaign promise kept. Even though Akpata’s successor, Mr. Y.C. Maikyau, SAN, continued with the Free Stamp policy in his own tenure, the current leadership of the NBA has not reinstated it. Whilst the current leadership of the Association argues, that it was technically ended under the administration of Mr. Maikyau, for members, the claim seems as familiar as the claim of the Tinubu-led federal government that subsidy was removed by his predecessor in office. As far as members know, the current administration takes the praise for ending their experience of free NBA Stamp and Seal, but that isn’t the crux of the issue.

Ordinarily, there shouldn’t be  much ado over the termination of  Free NBA Stamp and Seal by the Afam Osigwe, SAN led leadership of the NBA, because on one hand, the distribution process had been so unreliable that arguments could be made that the unreliability was because it was free, and on the other hand the cost of the NBA Stamp is not one that should cause anyone sleepless nights. However, when a respected wordsmith like Mr. Udemezue, takes his time to pen down an argument, it hardly goes without raising points that would generally trigger a legally curious mind. So, let us back track a bit and look at how we got to where we are.

RIGHT TO PRACTICE AND THE NBA STAMP AND SEAL POLICY

The NBA personalised stamp policy was introduced in 2015 by the Augustine Alegeh, SAN led administration of the NBA as a means to curb the proliferation of fake lawyers into Nigeria’s law practice space. It was not introduced to make members pay their practising fees nor was it introduced to create an additional financial burden or legal hurdle for legitimate lawyers. As the current President, Mazi Afam Osigwe, SAN noted during his campaign debate:

“…NBA must protect where we practice, where we eat, how we practice with dignity and that was what motivated the introduction of the current personalised stamp and seal which was introduced in 2015. That was to fight quacks and protect the legal business”

Indeed, before the implementation of the NBA Stamp and Seal, there has always been the Legal Practitioners Act 1975 which provides the basis for entitlement of any person to practice law. Section 2 (1) of the LPA provides:

“(1) Subject to the provisions of this Act, a person shall be entitled to practise as a barrister and solicitor if, and only if, his name is on the roll.”

Section 8 (2) of the same Act then provides that:

“No legal practitioner (other than such a person as is mentioned in subsection (3) of section 2 of this Act) 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”

Interestingly, under the LPA payment of Practising Fees is a requirement for right of audience in court and there is no provision mandating Stamp and Seal for Lawyers. The idea of Stamp and Seal was rather introduced for lawyers through the Rules of Professional Conduct of 2007 which provides in Rule 10:

“10. (1) A lawyer acting in his capacity as a legal practitioner, legal officer or adviser of any Government department or ministry or any corporation, shall not sign or file a legal document unless there is affixed on any such document a seal and stamp approved by the Nigerian Bar Association. (2) For the purpose of this rule, “legal documents” shall include pleadings, affidavits, depositions, applications, instruments, agreements, deeds, letters, memoranda, reports, legal opinions or any similar documents.”

Therefore, the RPC of 2007 extended the requirement of Stamp and Seal to functions executed by lawyers who do not appear in court. Thus, whilst many lawyers who did not appear in court could technically escape the practising fees requirement and continue to enjoy their entitlement to practice, the Seal requirement under the RPC captured every lawyer’s responsibility.

However, nowhere in the RPC or the LPA is it stated that lawyers are meant to pay for NBA to issue them the Stamp and Seal, nor is it written under any other Rules. The idea of payment only became necessary when personalised physical stamp and seals became introduced in 2015. So legitimate lawyers had to begin to pay for a Stamp and Seal that recognises them as legitimate lawyers when the LPA had already provided that a legitimate lawyer is anyone whose name is on the roll of legal practitioners. In my humble view, the illogicality in requiring lawyers to buy stamp and seal to authenticate themselves, after they pay practising fees seems quite apparent.

Despite my personal sentiments, Lawyers have since 2015 been paying to have their Stamp and Seals to prove that they are really lawyers. In fact, several court decisions gave judicial impetus to the awkward practice and it continued. Until Olumide Akpata’s above referred Notice of free NBA Stamp in 2021, pursuant to his campaign promise. In response to the initiative by the Akpata-led administration many lawyers became happier to pay the annual practising fees not because they would not pay their practising fees without it, but because it was an additional incentive to encourage payments. Where then is the issue? Is incentivising members to pay fees they would ordinarily pay a bad thing?

IS INCENTIVISING MEMBERS TO PAY FEES THEY WOULD ORDINARILY PAY A BAD THING?

Incentives in regulatory frameworks are common worldwide and are often designed to encourage already mandated compliance. In this context, “incentive” is not a gratuitous benefit but a logical extension of a system that requires demonstrable compliance. Lawyers receive the stamp and seal only upon fulfilling a clear-cut obligation—the payment of the annual practising fee.

Around the World, various Bar Associations have measures that incentivise members to pay, some of which, if introduced in Nigeria, the Learned writer might frown upon as “Palliative Mentality”. For example:

United States of America

In the US, some states, like Illinois, offer reduced fees for early renewals, while others, like New York, provide discounts on Continuing Legal Education (CLE) courses for prompt payment. The Illinois Bar website even states the financial monetary value the lawyers will get from early payment of Bar Fees. like Free Online CLE ($349 Value) Free Online Legal Research ($995 Value) and Eligibility for Malpractice Insurance via ISBA Mutual. See. Please renew your ISBA membership by June 30 | Illinois State Bar Association

Canada

In Canada, lawyers are required to pay annual practice fees to their provincial law societies to maintain their licenses and continue practicing law. These fees typically cover regulatory functions, professional liability insurance, and additional services. To encourage timely payment, law societies offer various incentives like early payment discounts, access to valuable member benefits like professional development programs, practice management support, and insurance coverage.

The United Kingdom

In England and Wales, to encourage lawyers to pay, there are incentives such as access to Continuing Professional Development (CPD) resources, regulatory support, and insurance coverage, contingent upon timely fee payment.

Therefore, the idea of incentivising to encourage compliance for what is already mandated is nothing new. It is not condemnable but should rather be encouraged.

CONCLUSION

Whilst I cannot disagree with other points in Mr. Udemezue’s article, the free stamp and seal policy is not a palliative measure that fosters dependency; rather, it is a well-considered regulatory innovation designed to ensure that every legal practitioner meets their obligations. The recommendation by the writer that NBA provides better governance and promotes accountability is not a recommendation that needs to isolate the Free Stamp Policy which has now been eroded. In fact, Lawyers do not have to pay the cost to ensure that the Association prevents quacks as an additional financial burden to them already renewing their license by paying their Practising Fees – then and now, it only makes sense if the NBA provides the authentication stamp and seal to lawyers who pay Practising Fees free of charge and we hope that successive administrations will reconsider the backward step of its removal and reinstate it.

This rejoinder underscores that the Free Stamp and Seal policy is a necessary evolution in the regulation of legal practice – designed to ensure compliance, deter malpractice, and ultimately protect the integrity of the legal profession and compliant lawyers should be given that seal of authenticity without additional costs.

Oliver Omoredia, Esq.

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