Law Society Insists No Legal Basis for CJN’s Ban on ‘Barrister’ Title

A debate has emerged within the Nigerian legal profession regarding the proper use of the title “Barrister”. Contrary to some assertions, the Law Society has insisted there is no legal basis for any ban on its use, particularly following recent comments attributed to the Chief Justice of Nigeria (CJN).

The controversy stems from the fact that Nigeria operates a fused legal system. Upon being called to the Bar, all legal practitioners are qualified as both “Barristers and Solicitors of the Supreme Court of Nigeria”. This means there is no formal professional divide, and every qualified lawyer is entitled to that designation.

Critics who oppose the prefix “Barrister” often cite the case of NBA v. Ofomata (2017), where the court reportedly held that its use as a title is “unprofessional and improper”. However, legal experts point out that this judicial pronouncement does not constitute a statutory ban.

The Law Society argues that the Legal Practitioners Act recognizes the unified term “Legal Practitioner”. While referring to oneself solely as a “Barrister” ignores the “Solicitor” aspect of the qualification, it is not technically illegal.

In a recent statement addressing the issue, a representative stated, “There is simply no provision in Nigerian law that criminalizes or bans the use of the ‘Barrister’ title. It is a professional appellation, not a violation of statute.” They emphasized that using the suffix “Esquire” (Esq.) is a professional alternative but remains a matter of etiquette rather than law.

The debate highlights the distinction between professional etiquette and legal compliance. While the Nigerian Bar Association may view the title as puffery, the Law Society maintains that any “ban” would be an overreach without legislative backing.

The public is often confused, mistaking the use of “Barrister” as a status symbol. However, legal practitioners are advised to be accurate in their descriptions, though a blanket prohibition remains without basis in the current statute.