The attention of the Nigerian Bar Association (NBA) 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, as well as aspects of the Continuing Professional Development (CPD) Policy.
For the guidance of legal practitioners and the general public, it is important to clarify that the decision of the Federal High Court cannot be interpreted as overturning or displacing the binding authority of the Supreme Court of Nigeria in the celebrated case of All Progressives Congress (APC) v. General Bello Sarkin Yaki & Anor (Appeal No. SC/722/2015), wherein the apex court unequivocally affirmed the legal effect and enforceability of the Stamp and Seal requirement under the Rules of Professional Conduct for Legal Practitioners, 2007.
In its decision delivered on 27 October 2015, with reasons subsequently provided on 14 November 2015, the Supreme Court considered the legal implication of failure to affix the NBA Stamp and Seal on court processes as required under Rule 10(1) of the Rules of Professional Conduct.
Delivering the lead judgment, Honourable Justice Nwali Sylvester Ngwuta, JSC, held that although a process filed without the approved Stamp and Seal is not rendered null and void, such a process is nevertheless improperly filed in law, having failed to comply with a condition precedent. His Lordship further held that the defect may be regularised by subsequently affixing the approved Stamp and Seal and obtaining the appropriate orders of court.
The Supreme Court specifically held as follows:
“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.”
See also the concurring judgment of Honourable Justice Clara Bata Ogunbiyi, JSC, in Yaki v. Bagudu (2015) 18 NWLR (Pt. 1491) 288, as well as the decision of the Court of Appeal in N.B.A. v. Kehinde (2017) 11 NWLR (Pt. 1576) 225.
These pronouncements of the Supreme Court remain the authoritative and binding position of the law pursuant to Section 235 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). It is settled law that decisions of the Supreme Court are binding on all lower courts in Nigeria, including the Federal High Court.
Accordingly, although the NBA is yet to receive and review the full judgment of the Federal High Court, we are confident that the decision does not and cannot purport to set aside or invalidate the decision of the Supreme Court on the enforceability of the NBA Stamp and Seal regime.
The NBA therefore reassures legal practitioners, courts, court registries, and the general public that the NBA Stamp and Seal policy remains extant, valid, and enforceable in line with the decisions of the Supreme Court.
The Stamp and Seal regime was introduced as a professional regulatory mechanism aimed at safeguarding the integrity of legal practice, curbing impersonation, and protecting the public from quacks masquerading as legal practitioners. It remains a vital instrument for maintaining professional standards and preserving the integrity of the legal profession in Nigeria.
Dated this 9th day of May, 2026
Dr. Mobolaji Ojibara FNIM FCIArb [UK]
General Secretary
