The Wasteful Practice Of Affixing Two NBA Seals To A Motion By Olumide Olugbenga Ajayi Esq

There is the need to curb the wasteful requirement of affixing
more than one seal on a Motion before it is accepted for filing in
our Court Registries.

When a Motion is being filed at the Registry, the Court
Officials usually insist that the person filing should affix a seal
to the Motion and another seal to the Written Address attached to
the same Motion.

I have complained several times to the Court Officials about
this superfluity at the Registry of the Ikeja division of the Lagos
High Court that the use of two seals on a motion is irrational. The
unanimous response from the Court officials was that they are
acting on the directive of the ACR (Assistant Chief Registrar) as
mandated by the Nigeria Bar Association.

It is obvious that the use of two seals on a Motion is a
wasteful practice. The essence of a seal among others is to check
the incursions of touts and fake lawyers into the profession and to
compel practicing lawyers to pay their annual Practising Fees.
Therefore, affixing one seal on a Motion paper fulfils the above
purposes. The mischief has been cured by affixing a seal on the
Motion and that same seal should cover other processes accompanying
the Motion such as Written Address since it is the same counsel
that signs the Motion that equally signs the Written Address. The
Rules of Court makes it clear that a Motion is a single document
along with the Written Address. The exception to the above is when
another counsel deposes to the Affidavit In Support of such Motion,
in that case the separate Counsel needs to affix his seal to the
Affidavit.

The Court Official’s further justification for this obvious
wrong is that the directive is to the effect that lawyers affix
their seal on every page where their signature appears on the
Motion; that means they will soon require that another seal be
affixed to the List of Authorities. This is way off the mark. That
invariably implies that if one is filing a fresh matter one will
need about five seals to cover every document accompanying the Writ
wherein one’s signature appears.

Contrary to this practice, Rule 10(1) of the Rules of
Professional Conduct 2007 provides for the use of “A SEAL” per
document/process

“A lawyer acting in his capacity as a legal practitioner,
legal officer or adviser of any Government department or Ministry
of any corporation shall not sign or file A LEGAL DOCUMENT unless
there is affixed on any such document A SEAL AND STAMP approved by
the Nigerian Bar Association.

Rule 10(2) of the same guideline vividly captures Motions as
“application” which requires just a seal.

If indeed the assertion by the High Court of Lagos State
Registry Official that the insistence on two seals on a Motion
paper as being peddled by the Nigerian Bar Association is anything
to go by, it means her manifest intention is to allow members
exhaust their 96 seals before March 31 of every year or to make it
necessary for lawyers to purchase more than one pack of seals every
year. All these are to the undue advantage of the Nigerian Bar
Association by generating funds at the detriment of her members.
This official endorsement of wastefulness must stop.

Olumide Olugbenga Ajayi Esq, can be
reached via
oluyimide@gmail.com