The absence of the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, from the Federal High Court in Abuja, on Thursday, stalled hearing in a suit instituted against his office by the Nigerian Bar Association.
Although Malami was served with the hearing notice in the suit marked FHC/ ABJ/ CS/ 77/2022, he neither appeared in court nor was represented by a legal practitioner, and no explanation was offered for his absence.
Counsel for the NBA, Ibrahim Ameh, SAN, expressed displeasure over the absence of the AGF in court in the suit in which he is the sole defendant.
Ameh informed Justice Donatus Okoronwo that the AGF had filed a memorandum of conditional appearance and counter affidavit to the originating summons of the NBA served on him and wondered why the defendant did not deem it fit to be in court.
The senior lawyer, however, urged the court to give an adjournment for the defendant to have another opportunity to appear in court since the matter was for mention.
Justice Okoronwo confirmed that the AGF was duly served with the hearing notice and originating summons and had even taken steps in filing the memorandum of appearance and counter-affidavit on record.
He, however, granted the request for adjournment and fixed a new hearing date for May 12, 2022.
Thursday’s proceedings were witnessed by the NBA President, Olumide Akpata, and a retinue of members of the bar from various units across the country.
The Incorporated Trustees of the NBA had dragged the AGF before the court challenging the validity of the Rules of Professional Conduct for Legal Practitioners (Amendment) Rules, 2021 (S.I. No. 15 of 2020) enacted by the Office of the Attorney-General of the Federation.
The NBA, while faulting the rules as being unlawful, is praying the court to void and set it aside in the interest of justice and fairness to practicing lawyers in Nigeria.
The association specifically asked the court to interpret sections 1, 11, 12 and 20 of the Legal Practitioners Act and determine whether the AGF, who is just a member of the bar, could act alone in the discharge of the functions of the NBA Council without the inputs or contributions of other members of the council or in consultation with them.
The NBA also prayed the court to further interpret the sections of the Act and determine whether the AGF could validly and without any recourse to the general council of the bar or consultations with other members to amend, purport to amend, or to have amended the Rules of Professional Conduct for Legal Practitioners through the instrumentality of the Rules of Professional Conduct for legal practitioners dated September 3, 2020, and contained in Nigeria’s official gazette number 140, volume 107 of September 7, 2020.
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