This came about two months after the Federal High Court in Abuja dismissed a suit seeking validation for the Blue Silk’ rank for legal practitioners in Nigeria fashioned after the statutorily recognised SAN.
The Nigerian Law Society (NLS) and the Body of Senior Counsel of Nigeria (BOSCON) have insisted that they have the authority to confer the “Senior Counsel of Nigeria” (SCN), also known as the Blue Silk rank, maintaining that the initiative is independent of the Legal Practitioners’ Privileges Committee (LPPC).
The two organisations stated this in a joint statement on Friday, The cable reported. The statement was signed by Chukwuka Ikwuazom, president of the NLS, and Muiz Banire, chairman of BOSCON.
This came about two months after the Federal High Court in Abuja dismissed a suit seeking validation for the ‘Blue Silk’ rank for legal practitioners in Nigeria fashioned after the statutorily recognised SAN.
In the judgement, Judge James Omotosho held that the suit lacked merit and ruled that only the LPPC has the legal authority to confer the SAN rank on lawyers in the country.
“The argument by the applicants that they have a right to freedom of assembly and association does not come into play here,” the judge said.
“The legal profession is not like joining a political party wherein one can jump from party to party.
“There is only one legal profession in Nigeria duly recognised by statute, thus a person cannot decide to form his own legal profession as the same would be contrary to the law and thus void.”
Months before the judgement arrived, the LPPC warned lawyers against adopting or parading the Blue Silk designation, insisting that the SAN remained the only professional rank recognised under the Legal Practitioners Act.
On Friday, the NLS and BOSCON argued that the application, assessment and conferment of the Blue Silk rank are governed solely by their internal rules and are therefore beyond the control of the LPPC, the Nigerian Bar Association (NBA) or any government institution.
“NLS and BOSCON reiterate that no individual, institution or government agency has the authority to interfere with the application, assessment and conferment process of the Senior Counsel of Nigeria (Blue Silk),” the statement said.
The organisations argued that the autonomy of professional bodies to regulate their internal affairs is a recognised principle of professional self-governance.
They likened their position to the NBA’s long-held argument that external authorities, including the Attorney-General of the Federation, cannot interfere in the association’s internal affairs, such as the conduct of its elections.
The groups also relied on a judgement delivered by a judge, Inyang Ekwo, of the Federal High Court on 27 January, which they said affirmed that the Blue Silk initiative was not created under the Legal Practitioners Act.
According to the statement, the court held that because the Blue Silk rank is not a creation of the Act, it is not subject to the regulatory oversight of the LPPC or any statutory body established under the law.
Meanwhile, in the judgement rejecting the Blue Silk promoters’ bid to secure a judicial validation, the plaintiffs – the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) and one of its members, Tonye Jaja – argued that the Legal Practitioners Act did not prohibit the Blue Silk initiative and that efforts to stop it violated their constitutional rights to freedom of association and fair hearing.
The judge, Mr Omotosho, dismissed the suit holding that the applicants failed to establish any breach of their fundamental rights.
Despite the ruling, the NLS and BOSCON maintained that the Blue Silk initiative was established to recognise lawyers who have distinguished themselves in non-contentious areas of legal practice and was never intended to compete with the SAN rank.
They stated that applicants for the rank are required to demonstrate at least 35 significant transactions completed over a 10-year period.
They added that the assessment process focuses on corporate, commercial and advisory practice, areas they explained are not traditionally recognised under the SAN framework.
Rejecting suggestions that the initiative undermines the SAN rank, the organisations noted that the Blue Silk designation fills a longstanding gap in recognising lawyers who have built distinguished careers outside courtroom advocacy.
“The Blue Silk rank fills a long-standing gap in the recognition of lawyers who have distinguished themselves in transactional and advisory practice, while maintaining the highest standards of professionalism and ethical conduct,” the statement added.
The LPPC had, in February, warned lawyers against adopting or parading the Blue Silk designation, insisting that the SAN remains the only professional rank recognised under Nigerian law.
The committee stated that the Blue Silk title lacks statutory backing and cautioned that lawyers who use it could expose themselves to disciplinary consequences under the Rules of Professional Conduct.
That position has remained unchanged, underscoring the continuing disagreement between the committee and the promoters of the Blue Silk initiative over whether such a distinction can exist outside the framework of the Legal Practitioners Act.
