The Federal High Court in Abuja, on Tuesday, nullified provisions of the Rules of Professional Conduct (RPC), 2023, and the NBA Mandatory Continuing Professional Development (MCPD) Rules, 2025, to the extent that they impose additional conditions on a legal practitioner’s right of audience in court.
Delivering judgment in Suit No. FHC/CS/1238/2025: Victor Ozioma Nwadike v. Nigerian Bar Association & Ors, Justice Mohammed Umar held that the Nigerian Bar Association (NBA) lacks the power to add to, vary, or alter statutory requirements governing a lawyer’s right to practise law in Nigeria.
The court ruled that while professional regulation and continuing legal education are important, such regulations must remain subordinate to existing statutes, particularly the Legal Practitioners Act, which exclusively governs the qualifications and conditions for legal practice.
Justice Umar consequently set aside aspects of the RPC 2023 and MCPD Rules 2025 that tie compliance with Continuing Professional Development (CPD) points to the renewal of practice licences, issuance of NBA stamps and seals, or a lawyer’s right to appear before courts.
The plaintiff, Victor Ozioma Nwadike, had challenged the MCPD regime, arguing that it unlawfully imposed additional barriers on lawyers beyond those prescribed by statute, thereby infringing on their constitutional and statutory rights.
In its judgment, the court agreed, holding that the NBA cannot, through subsidiary regulations, introduce conditions that effectively restrict access to the courts or the right to practise law.
The decision has significant implications for the enforcement of mandatory CPD requirements, particularly sanctions linked to NBA Stamp, court appearances and practice eligibility, although other aspects of professional regulation were left intact.
The full judgment is expected to be circulated, while parties retain the right of appeal.