ON THE AUTOMATIC MEMBERSHIP OF CALL TO BAR LAWYERS INTO THE NIGERIAN BAR ASSOCIATION ; WHY THAT IS? . - By Olajide Abiodun, Esq.

ON THE AUTOMATIC MEMBERSHIP OF LAWYERS IN THE NBA. 

Let's take a look at the decided case of *N.B.A. v. KEHINDE (2017) 11 NWLR (PT 1576) 225 AT 250 -251 paras H- A* where His lordship NIMPAR.JCA observed as follows:

“The Nigerian Bar Association (NBA) was established for the purpose of regulating the affairs and conduct of all legal practitioners in Nigeria and upon being called to the Nigerian Bar, there is automatic membership to the NBA on a lawyer. This is also the position as seen in the case of *Chinwo v. Owhonada (2008)3 NWLR (Pt.1074)341.* 

It is thus clear and or evident that once you have elected to join and remain within the noble profession, you become a member and ought to comply with the directive of the Association”

And on the status of the NBA, whether it has the authority to regulate the Profession, the Court, in *NBA v. KEHINDE (supra)* per TUKUR, JCA at page 246 held:

“I agree with the arguments of appellant’s counsel to the extent that the NBA is statutorily recognised by the Legal Practitioners Act. This was why my Lord Hon.Justice Obaseki,(JSC) in the case of Chief Gani Fawehinmi v. Nigerian Bar Association & Ors (No.2) (1989) LPELR-1259( SC)PP. 92-93,paras. C-E, (1989)2 NWLR (pt.105) 558 at p.628, paras. G-H while commenting on the status of the Nigerian Bar Association stated thus: “The Constitution of the Nigerian Bar Association is not a statutory instrument. It is not a subsidiary legislation to the Legal Practitioners Act. It was accorded its due superior position by the Legal Practitioners Act, 1975 in the conduct of the affairs of the Nigerian Bar Association by the General Council of the Bar”. 

Conclusively, every lawyer called to the Nigerian Bar automatically becomes a member of the NBA. Until the Supreme Court says otherwise, the mandatory membership of the NBA remains the Law.

For: Strictly Legal Precedents.