Lawyers ask court to shut down NBA Institute of Continuing Legal Education 

The Abuja Federal High Court has been asked to shut down the Nigerian Bar Association, NBA, Institute of Continuing Legal Education (NBA-ICLE).

The prayer is one of the reliefs sought by the Incorporated Trustees of the Association of Legislative Drafting and Advocacy Practitioners, ALDRAP, in a suit which has the Incorporated Trustees of the Nigeria Bar Association as defendant.

Members of ALDRAP are lawyers involved primarily in legislative drafting and advocacy.

The suit numbered FHC/ABJ/CS/2758/2025, was filed on December 19, 2025 by ALDRAP’s lawyer, Chief Dr. Ebosetale David Aighefoh, Esg.

Other reliefs sought by ALDRAP include a declaration that the operation of the NBA-ICLE since 2007, without incorporation with the Corporate Affairs Commission, CAC, is illegal, unlawful, null and void.

The legislative lawyers also asked the court to declare that the NBA-ICLE’s operation as a vocational and professional training institution without a licence from the National Board for Technical and Vocational Education, NBTVE, is a direct violation of Section 5 of the National Board for Technical and Vocational Education, NBTVE, Act.

In the same vein, the court was asked to declare that the name ‘NBA Institute of Continuing Legal Education’ is misleading, deceptive and unlawful, having not been registered or incorporated under the Companies and Allied Matters Act, 2020.

ALDRAP also asked the court to make a declaration that all certificates issued by NBA-ICLE are legally defective, unenforceable and issued without statutory authority, having regard to its status as an unregistered and unlicenced entity.

The plaintiff has asked the court to grant an “order of perpetual injunction directing the defendant (NBA) from further operating, managing or holding out the NBA-ICLE as a Continuing Legal Education or certification body in Nigeria”, as well as “an order directing the defendant to shut down the NBA Institute of Continuing Legal Education forthwith”.

The Incorporated Trustees of the Association of Legislative Drafting and Advocacy Practitioners, in the same vein, wants the court to order the NBA to refund the sum of N1.2 million, being the total of N150,000 per annum paid for eight years (2017-2024) as CLE provider fees to the NBA-ICLE. ALDRAP is also asking the court to order NBA to refund all monies “illegally collected from Nigerian lawyers” since 2007 under the Mandatory Continuing Legal Education programme operated by NBA-ICLE.

The court was equally asked to compel NBA to render a full account of all monies collected under the NBA-ICLE since 2007, and also nullify all regulatory  directives, accreditations and certifications issued by NBA-ICLE.

ALDRAP outlined six questions for determination by the court, including whether the NBA-ICLE, having operated since 2007 without registration or incorporation with the CAC under the Companies and Allied Matters Act, 2020 (and preceding legislations), is a legally recognized juristic entity capable of operating in Nigeria.

The court is also to determine whether the operations of NBA-ICLE as a training and certification body issuing vocational and professional certificates to Nigerian lawyers and law-based organizations without obtaining a licence from the National Board for Technical and Vocational Education contravenes Section 5 of the National Board for Technical and Vocational Education Act, 1977 (as amended in 1993).

The court was also asked to determine whether the continued use of the name ‘NBA Institute of Continuing Legal Education’ deceptive, unlawful and contrary to the Companies and Allied Matters Act, 2020, considering that the said institute is not incorporated.

In adjudicating on the suit, the court will equally determine whether certificates issued by NBA-ICLE are valid and enforceable, whether the plaintiff is entitled to a refund of monies paid annually for eight years as a “purported Continuing Legal Education Provider” to the NBA-ICLE, and whether the NBA is liable to refund all monies collected from Nigerian lawyers since 2007 under the Mandatory Continuing Legal Education programme.

In an affidavitt in support of the originating summons, Jesse Williams Amuga, a lawyer and Administrative Secretary of ALDRAP, averred that despite operating for over 17 years, the NBA-ICLE is not registered with the CAC under the Companies and Allied Matters Act, 2020, noting that going by the provisions of Section 5 of the National Board for Technical and Vocational Education Act, 1977 (as amended in 1993), “no institution shall operate or issue vocational certificates without a licence from the National Board for Technical and Vocational Education, NBTVE”.

Stressing that the NBA-ICLE has never obtained any licence, approval or accreditation from the NBTVE, Amuga noted that he’s not aware of any statutory exemption granted to the NBA-ICLE from compliance with the NBTVE Act.

“The name ‘NBA Institute of Continuing Legal Education’ is misleading and deceptive as it gives the false impression of being a duly incorporated and statutorily recognized institute. The continued use of the said name violates the Companies and Allied Matters Act, 2020, which mandates registration of entities carrying on institutional and commercial activities,” Amuga added in the affidavit.

He further informed the court that between the years 2017 to 2024, the plaintiff – ALDRAP – applied for and was compelled to register annually as Continuing Legal Education, CLE, Provider with the NBA-ICLE, and in the process paid the sum of N150,000 to NBA-ICLE annually, amounting to N1.2 million in eight years. Amuga averred that the plaintiff made the payment to NBA-ICLE in the belief that it was a legally constituted and statutorily authorized body.

“The plaintiff would not have made the said payments had it known that the NBA-ICLE was operating illegally and without statutory authority. Since the year 2007 the NBA-ICLE has collected substantial sums of money nationwide under the guise of Mandatory Continuing Legal Education programmes. The said collections were made without lawful authority, regulatory licence or statutory backing.

“Nigerian lawyers have been subjected to sanctions, denial of practice privileges, and other disadvantages for alleged non-compliance with NBA-ICLE directives.

“The actions of the defendant (NBA), through the NBA-ICLE, constitute illegality, regulatory abuse, and unjust enrichment,” the deponent further informed the court, adding that unless stopped by the court, the NBA will continue to operate the institute and unlawfully collect monies from Nigerian lawyers.

Arguing that it is in the interest of justice, legality and the rule of law for the court to grant the prayers sought in the suit, Amuga added that the action was brought in good faith and in the public interest.

Lawyers ask court to shut down NBA Institute of Continuing Legal Education

 

Posted in Uncategorized

Leave a Reply

Your email address will not be published. Required fields are marked *