Lawyer groups stand firm on Blue Silk rank despite court ruling

The Nigerian Law Society (NLS) and the Body of Senior Counsel of Nigeria (BOSCON) have insisted they have the power to give out the title “Senior Counsel of Nigeria” (SCN), known as the Blue Silk rank. They say this is separate from the Legal Practitioners’ Privileges Committee (LPPC).

The two groups made this known in a joint statement on Friday, as reported by The cable. The statement was signed by Chukwuka Ikwuazom, the president of the NLS, and Muiz Banire, the chairman of BOSCON.

This statement comes two months after the Federal High Court in Abuja threw out a case that sought to validate the Blue Silk rank for lawyers in Nigeria, which is similar to the SAN rank.

In the ruling, Judge James Omotosho said the case had no merit. He ruled that only the LPPC can give out the SAN rank to lawyers in Nigeria.

“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.”

Before the ruling, the LPPC had warned lawyers not to use or promote the Blue Silk title. They insisted that the SAN remains the only rank recognized under the Legal Practitioners Act.

On Friday, the NLS and BOSCON argued that the application and awarding of the Blue Silk rank are governed only by their internal rules. They say this is beyond the LPPC, the Nigerian Bar Association (NBA), or any government agency.

“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 groups stressed that professional bodies have the right to manage their own affairs. They compared their situation to the NBA’s long-held stance that outside authorities, including the Attorney-General of the Federation, cannot interfere in the association’s matters, like elections.

They also referenced a ruling by Judge Inyang Ekwo of the Federal High Court on 27 January. They claim this ruling confirmed that the Blue Silk initiative was not set up under the Legal Practitioners Act.

According to the statement, the court ruled that since the Blue Silk rank is not created by the Act, it does not fall under the LPPC's regulatory authority or any legal body set up by the law.

Meanwhile, in the ruling that dismissed the Blue Silk promoters' attempt to get legal validation, the plaintiffs, the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) and its member, Tonye Jaja, argued that the Legal Practitioners Act does not ban the Blue Silk initiative. They said stopping it violated their rights to freedom of association and fair hearing.

The judge, Mr Omotosho, dismissed the case, saying the applicants did not prove any violation of their fundamental rights.

Despite the ruling, the NLS and BOSCON insisted that the Blue Silk initiative was meant to honor lawyers who excel in non-contentious areas of law. They said it was not meant to compete with the SAN rank.

They explained that applicants for the Blue Silk rank must show at least 35 major transactions completed over a 10-year period.

They added that the assessment looks at corporate, commercial, and advisory practice, areas that are not traditionally recognized under the SAN framework.

The groups rejected claims that the Blue Silk initiative undermines the SAN rank. They said the Blue Silk title fills a long-standing gap in recognizing lawyers who have had successful careers outside of 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 warned lawyers in February against using the Blue Silk title. They said only the SAN is recognized under Nigerian law.

The committee made clear that the Blue Silk title has no legal backing and warned that lawyers using it could face disciplinary action under the Rules of Professional Conduct.

This stance has not changed, highlighting the ongoing disagreement between the committee and supporters of the Blue Silk initiative about whether such a rank can exist outside the Legal Practitioners Act.