Should The NBA Stamp And Seal Expire? By: Abdulrasheed Ibrahim

For quite a while now there have been arguments here and there
on whether the NBA stamp and seal should expire or not. There have
been lamentations among lawyers that their exhausted stamps and
seals become useless after the expiration date inscribed on it and
as such the remaining stamps and seals are buried in the dustbin.
Should this continue to be the situation? Few days ago I came
across a post by a lawyer on a social media platform which went
thus:

“Dear learned colleagues. Good morning all .Happy New month. The
problem behind our Stamps and Seals is our Branch Chairmen.They
vehemently supported and voted for its expiration at the NEC
meeting despite the fact that they know it was uneconomical,
frustrating and MOST OFTEN IT NEVER ARRIVE UNTIL TWO TO
THREE MONTHS OF ITS EXPIRATION . I believe, very strongly
that one of the benefits we ought to derive from the payment of the
BFR and the Branch due should be the issuance of Stamps and Seals
freely without any further payment .Branch Chairmen, represent us
well, don’t bring burdens upon our frustration.Clients shouldn’t be
given us headache and you be given us stomachache.Let the Stamp and
Seal be issued freely or shouldn’t expire.Our mumu don dey do
o.”

The traffic of reactions that followed the above post in support
of the non-expiration of the NBA stamp and seal was overwhelming.In
another post somewhere else there was a complaint on behalf of a
colleague who was said to have gotten the delivery of his pack of
NBA stamps and seals after its expiration. There are instances
where some lawyers have gone to court against the NBA to challenge
this kind of things and asking the court to order the replacement
of the stamp and seal. Since the introduction of affixing NBA stamp
and seal on court processes and other documents, many issues have
arisen wherein the courts even up to the Supreme Court had to
intervene. There was a time it was decided that failure to affix
stamp and seal on court process or legal document rendered it
invalid. Later it was held that the failure to affix the stamp and
seal is a mere irregularity that can be rectified.It has even been
decided now that affixing expired stamp and seal on a process does
not render such incompetent as long as that can be equally
rectified.

It has been canvassed under the present NBA leadership that a
lawyer can get his stamp and seal within a week or two after the
submission of an application to that effect.It has also been
contended that those who are complaining of the late arrival of
their stamps and seals should confirm from their branches the
actual time their applications are forwarded to the National
Secretariat on their behalf .That if applications are not sent
promptly or there are errors on the application forms ,this may
affect the delivery of the stamp and seal as at when due.While I
want to urge the NBA National Secretariat to adhere strictly to its
one or two weeks deadline for production, a call must equally goes
to the various branches to cultivate the habit of prompt submission
of their members’ applications to the National Secretariat as what
is the use of stamp and seal delivered after its expiration. The
applicants for the stamp and seal must also exercise due diligence
when filing their applications to avoid what will lead to
delay.

Now the question again: should the NBA stamp and seal expire? I
think prior to the 2018 elections of the National Officers that
brought in the incumbent regime, the issue of stamp and seal
featured prominently among some of the contenders for the position
of the presidency during the campaigns. There were promises among
the contenders that : NBA STAMP AND SEAL WILL NO LONGER
EXPIRE as well as YOUR PAYMENT OF BAR PRACTICING FEES WILL ENTITLE
YOU TO FREE NBA STAMP AND SEAL. Honestly these were
beautiful campaign promises that must have been appreciated by most
lawyers, but if the true must be told, those promises may only come
to reality if the propounders of such succeed in getting to power.
One of the ironies of politics in Africa including the NBA is that
no matter how brilliant the programs and agenda of your opponents
are, it may not appeal to you, if you get into power after
defeating your opponents. To me this is a bad practice in politics.
If you defeat your opponent who has good and fine programs in his
manifestos, will you be afraid of copyright infringement to adopt
such when you are in power?

I have once argued somewhere else that there was the need to
remove the expiring date on the NBA stamp and seal.That if we
cannot remove it ,let the stamp and seal function for at least two
years. Honestly I do not see the reason why the payment of the Bar
Practicing Fee (BPR) by a lawyer cannot entitle him to a pack of
free NBA stamp and seal. Last month, after paying N25,000 for BPF ;
N10,500 for Branch Due and Insurance as as well as another N4,000
for NBA Stamp and Seal ,I proceeded to my branch secretariat to do
the necessary perfection. I was marveled at the volumes of
unclaimed NBA stamp and seal I saw at the secretariat not collected
whether as a result of expiration or late arrival. I have been
paying this for years and in 2018 when I wanted to contest for a
National Office, they said I cannot contest because I was not a
member of the National Executive Committee (NEC).We must continue
to ask our NBA leadership,what is the benefit for our membership of
the Association? The NBA must continue to prove wrong those our
colleagues who are saying that their NBA membership is not adding
value to their law practice. I am not the only one complaining,
other lawyers are also complaining as we need to derive benefits
for the money we are paying. One of our colleagues lamented
recently that:

“ Nigerians are the problems of Nigerian law.We are bigger than
Kenya in everything …but I will tell you ,if you need any Kenya
case law ,you will get it for free on google .You can access all
their legislation for free.But you must pay to access Nigerian
cases. For goodness sake, I paid almost 30k to NBA few weeks
ago…and yet this simple thing I can’t enjoy .The SC and NBA should
cover their face in shame. ..It’s not too late. You can do
something.”

The lamentations are all over the places and it is for this
reason that I advise the incumbent NBA leadership to revisit this
serious issue of stamp and seal. If the stamp and seal cannot be
made available free of charge for those lawyers that paid their Bar
Practicing Fees and Branch Dues, let the expiring date on the stamp
and seal be removed. Alternatively, if the expiring date must
remain, let it be for at least for two years. The popular demand
among lawyers is that let the NBA gets rid of the expiring date.
The NBA may find it difficult to bow to this demand because of the
monetary gain attached to it, but I strongly believe that any NBA
leadership that is bold enough to take that decision will greatly
be commended and appreciated for such act. NBA must be courageous
to take the bull by the horns.The NBA stamp and seal as it is being
presently operated is resulting to volumes of the stamps and seals
being wasted because of the expiring date on it. If I were the
incumbent NBA President, I strive for the removal of the expiring
date.

I admire great and visionary leaders who are always set to make
history that will outlive them. One of the problems I have long
observed confronting my NBA Lagos Branch is the owning of its own
Secretariat which it is still lacking till date. I had written many
years back in an article titled: NBA LAGOS: PREMIER IN SEARCH FOR
SHELTER published on 15th December 2011 in the Daily Independent
Newspaper that:

“…If one may ask, is building or having a befitting secretariat
or Bar centre for NBA Lagos has never been part of the agenda of
the successive Lagos NBA executives? ….Any NBA Lagos executive
administration that succeeds in the stride of at least laid the
foundation or complete the secretariat /bar centre will surely be
on the positive side of legal history…”

Till date we are still waiting for the Messiah that will make
history by making the NBA LAGOS HOUSE a reality. To be a leader is
one thing and for such leader to be determined to leave behind
indelible legacy is another. Many people are only interested in
leadership but not are interested or concerned on the good thing
they could leave behind to be remembered for.There is no better way
to describe those set of leaders than that they are selfish or
self-centred. Every leader has the right to choose what he wants to
be remembered for. We have witnessed in this country how the June
12 1993 election worldly acknowledged as the most free and fair in
the history of the country was unjustly annulled. The winner of the
elections was made to pay the supreme price in the struggle to
regain his mandate. Those that rode to power on his blood did not
accord any recognition to his sacrifice but preferred every 29th
May as the democracy day rather than the June 12. But someone else
came and reversed that democracy day. By that singular act, has the
reverser not made history? Even if some people are not happy with
that development, at least the long time wound inflicted on the
family of the victim was healed.

ASIWAJU TINUBU COLLOQUIM AT
67

For the past 11 years now, Asiwaju Bola Ahmad Tinubu has been
marking his yearly birthday with a colloquium where a topical
lecture on an important national issue is given each year. This
year colloquium lecture was given by the Professor Yemi Oshinbajo,
the Vice President of the Federal Republic of Nigeria. Tinubu is a
politician that cannot be dismissed with a wave of hand. Having
been a Senator under aborted Third Republic and was part of the
struggle that saw to the exit of the military junta. When the
country returned to democracy in 1999, he became the elected
Governor of Lagos State under the platform of the Alliance For
Democarcy (AD) which them controlled the Souh West region. During
the 2003 General Election he was the only AD Governor in the South
West that survived and won the second term as a result of his
refusal to buy the idea of backing Chief Olusegaun Obasanjo’s
second term agenda unlike the other South West Governors that
compromised but lost out their gubernatorial seats to the PDP
candidates. Despite the seizure of the Lagos State financial
allocations by Chief Olusegun Obasanjo ,Tinubu then succeeded in
keeping the Lagos State Economic going under that
circumstances.

One thing you cannot take away from Asiwaju Tinubu is that he
has the capacity to identify people who are good materials to work
with. During his reign as Governor, he went to the ivory tower of
the University of Lagos to bring out some academicians into his
government and they performed credibly well. As a great politician,
he made many other politicians who have equally become formidable.
He brought in successors who were able to follow and sustain his
legacy and footstep. Prior to the 2015 General Elections, he joined
forces with other political parties to form the All Progressive
Congress (APC) and became its National leader. His party
successfully wrestled power from People Democratic Party (PDP) to
become the ruling party.

With the winning of the second term by the APC in 2019 General
Elections, he has advised the ruling party against its plan
increment of the Value Added Tax (VAT). That rather than doing that
the government should make those who are not paying taxes to pay
taxes. You may agree or disagree with him but one thing that is
certain is that you cannot ignore him. Wishing Asiwaju Bola Ahmad
Tinubu, Happy Birtday, Long Life and Prosperity!

REMARKABLE PRONOUNCEMENT ON TENURE
ELONGATION
“It is settled law that the time fixed by the constitution for
doing of anything cannot be extended .It is immutable, fixed like
Rock of Gibraltar; it cannot be extended, elongated, expanded, or
stretched beyond what it states. To calculate the tenure of office
of Governors from the date of their second oaths of allegiance and
of office while ignoring the period from 29th May 2007,when they
took this first oaths is to extend the four years tenure
constitutionally granted the Governors to occupy and the act in
that office which would be unconstitutional. It is therefore clear
and I hereby hold that the second oaths of allegiance and of office
taken in 2008 ,though necessary to enable them continue to function
in that office ,were superfluous in the determination of the four
years tenure under section 180 (2) of the 1999 constitution.”

Per ONNOGHEN, JSC in Marwa & Anor. Vs. Nyako & 9 Ors.
(2012) 1 SC (Pt. III) Pg. 86 Lines 15-25

THE SETTLED PRINCIPLE OF LAW

On whether a private legal practitioner can appear for the
state

“It is now more than settled that a private legal practitioner
can represent or appear for the state in both criminal and civil
proceedings”
See A-G. FEDERATION Vs. ABULE (2005) 11 NWLR (Pt. 936) Pg. 394
Paras E-F

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