Since its founding in1933, the Nigerian Bar Association (NBA) has served as the exclusive professional body for legal practitioners in Nigeria. However, in December2022, a group of lawyers, led by Kunle Ogunba (SAN), announced the establishment of a new professional association for lawyers called the Nigerian Law Society (NLS).

The attempt to register the NLS as an incorporated trustee faced opposition from the Corporate Affairs Commission (CAC), resulting in a legal action at the Federal High Court in Abuja.

The plaintiffs in the suit, including Chief Bolaji Ayorinde (SAN) and others, argued that the CAC's refusal violated their rights under Section 40 of the Constitution, Article 10of the African Charter on Human and Peoples’ Rights (ACHPR), and Article 20 of the Universal Declaration of Human Rights (UDHR).

However, CAC in its defense argued among others, that the names are similar to that of the NBA and would be misleading. CAC argued further that the Plaintiffs ought to have sought NBA’s approval before applying to register the new association.

Following a meticulous examination of the arguments put forth by the parties, the judge in her ruling emphasized that the plaintiffs have the right to peaceful assembly and association, as guaranteed by the Constitution and international charters.

Contrary to the CAC's objections, the judge dismissed the argument of similarity with the NBA, asserting that the proposed names did not present any misleading similarities.

Furthermore, she rejected the notion that approval from the NBA was necessary, clarifying that the NBA, as an incorporated trustee, cannot transform into a government department or body.

The judge granted the approval for the establishment of a new association and directed CAC to register any of the three names proposed by the promoters of the new association.

This ruling affirms the right of lawyers to choose and establish a new association distinct from the NBA.

‍