The Nigerian Bar Association has clarified that its Stamp and Seal policy remains valid and enforceable despite reports suggesting that a recent Federal High Court judgment invalidated the regime.

In a statement issued on Saturday, the NBA said social media reports claiming that the court nullified the Stamp and Seal framework established under Rules 11 and 12 of the Rules of Professional Conduct for Legal Practitioners, as well as aspects of the Continuing Professional Development Policy, were misleading.

The association explained that the Federal High Court decision could not override the binding authority of the Supreme Court in the case of All Progressives Congress v. General Bello Sarkin Yaki & Anor (Appeal No. SC/722/2015), which affirmed the legality and enforceability of the Stamp and Seal requirement.

According to the NBA, the apex court, in its judgment delivered on October 27, 2015, and reasons provided on November 14, 2015, held that court processes filed without the approved NBA Stamp and Seal were improperly filed but not null and void.

The association quoted Justice Nwali Sylvester Ngwuta as stating that such defects could be regularised by subsequently affixing the approved Stamp and Seal and obtaining the necessary orders of court.

“The process filed in breach of Rule 10(1) can be saved and its signing and filing regularised by affixing the approved seal and stamp on it. It is a legal document improperly filed and the fixing of the stamp and seal would make the filing proper in law,” the statement quoted the Supreme Court as saying.

The NBA also cited the concurring judgment of Justice Clara Bata Ogunbiyi in Yaki v. Bagudu (2015) and the Court of Appeal decision in N.B.A. v. Kehinde (2017) as further judicial authorities supporting the Stamp and Seal regime.

The association stressed that under Section 235 of the 1999 Constitution, decisions of the Supreme Court remain binding on all lower courts, including the Federal High Court.

It added that although it had yet to receive and review the full judgment of the Federal High Court, it was confident that the decision did not and could not invalidate the Supreme Court’s position on the enforceability of the policy.

“The NBA therefore reassures legal practitioners, courts, court registries, and the general public that the NBA Stamp and Seal policy remains extant, valid, and enforceable in line with the decisions of the Supreme Court,” the statement read.

The association noted that the Stamp and Seal policy was introduced to safeguard the integrity of legal practice, curb impersonation, and protect the public from unqualified persons posing as legal practitioners.

The statement was signed by the NBA General Secretary, Dr. Mobolaji Ojibara.