FORMER NBA OTA CHAIRMAN WALE ADEGOKE REACTS TO BAN ON USE OF BARRISTER PREFIX BY LAWYERS

‘’BARRISTER” AS A PREFIX IN NIGERIA: PROFESSIONAL ETHICS, JUDICIAL PRONOUNCEMENTS AND THE REALITY OF PRACTICE - A.O. ADEGOKE ESQ, ACIArb, AICMC, FMR. CHAIRMAN, OTA BRANCH

1.00 PREAMBLE

1.1. The Chief Justice of Nigeria [CJN], Honourable Justice Kudirat Kekere-Ekun, in a recent directive bans use of ‘Barrister’ title as name prefix at Supreme Court by a memorandum dated 13th July, 2026 circularized to all stakeholders in the Justice sector including legal practitioners, litigation staff and court registrars.

1.2. The directive was contained in a memo dated July 13, 2026, and signed by the Chief Registrar of the Supreme Court, Kabir Akanbi. The Chief Justice of Nigeria, thereby directed lawyers and court officials to stop using the title “Barrister” as a prefix to their names in all official engagements at the Supreme Court with a view to upholding professional standards within the apex court.

1.3. The memo which was sighted by PUNCH Online on Friday read, “I am directed by the Honourable the Chief Justice of Nigeria to notify all Litigation Staff, Legal Practitioners, Court Registrars, and Lawyers that the use of the title ‘Barrister’ as a prefix to names is inappropriate and inconsistent with the standards of professionalism expected within the Supreme Court of Nigeria.”

1.4. It further directed all affected officers to immediately stop using the title in official correspondence and other official materials. The memo stated, “Consequently, all officers concerned are hereby directed to discontinue the use of the title ‘Barrister’ before their names in all official correspondence, records, documents, identity materials, and any other official engagements with immediate effect.”

2.0 LEGAL FRAMEWORK

2.1. In Nigeria, every person called to the Bar is by law a “barrister and solicitor’’ of the Supreme Court of Nigeria” under Section 24 of the Legal Practitioners Act, Cap L11 LFN 2004. Yet, the same title has become a ground for professional discipline.

2.2. The provisions of Section 2(1) of the Legal Practitioners Act, Cap L11 LFN 2004: states that “Subject to the provisions of this Act, a person shall be entitled to practice as a barrister and solicitor in Nigeria if, and only if, his name is on the roll.”


2.3. For decades, it was normal to see `Barr. G.A. Ibeaji & Co.` on letterheads and signposts. The position changed with the Supre Court judicial pronouncement in the case of - NIGERIAN BAR ASSOCIATION V. OFOMATA (2017) 5 NWLR (PT. 1557) 128, where the Supreme Court held that prefixing “Barrister” is “unprofessional and improper.

2.4. The Honourable in its ratio stated that the use of ‘Barrister’ as a title is ‘’unknown to our legal tradition and smacks of self- aggrandizement.”_ The Court rooted the prohibition in common law tradition and NBA regulations, and treated compliance as a requirement of professional ethics

2.5. The apex court decision in OFOMATA was ably followed in the disciplinary case of LPDC V. CHIEF LADI ROTIMI-WILLIAMS (2019) LPDC/2019, where the Legal Practitioners Disciplinary Committee reprimanded a senior lawyer for persistently using the title “Barrister” as prefix, holding it violated Rule 1 of the Rules of Professional Conduct, 2007. The Honourable Court stated that the provision of RPC, Rule 1[2] requires lawyers to avoid conducts unbecoming of a legal practioner - noting it amounts to professional misconduct to prefix ‘’Barrister’’ before a legal practioner’s name. The position is wholly supported.

3.00 WHY THE CONFUSION PERSISTS

3.1. FUSED PROFESSION: Section 24 Legal Practitioner’s Act, 2004
defines legal practitioner as one entitled to practice as a barrister or as a barrister and solicitor. Technically as legal practitioners we operate in both spectrum of the divide.

3.2. COLONIAL/POPULAR USAGE: Nigerians grew up hearing “Barrister” from Musicians, nollywood movies, ticktoks, clients, and signposts. It became a mark of identity.

3.3. OTHER PROFESSIONS USE PREFIXES: Engineers use Engr.,
Doctors use Dr. So lawyers ask: why can’t we use Barr.? But law is
distintive and based on rules of engagements.



4.00 GLOBAL BEST PRACTICE AND COMMON LAW TRADITION

Most common law countries and comparative jurisdictions, for example, United Kingdom/Wales, Australia, use `Name, Esq. In Canada/USA, every legal practitioner is a ‘’Lawyer’’ or ‘’Attorney’’ No prefix culture but the title is used as suffix. There is therefore need to align compliance across board in Nigeria.

5.00 RECOMMENDATIONS

5.1. Public and Professional Education: NBA should run campaigns on proper forms: `Name, Esq., Barrister-at-Law at Annual General Conferences [AGC] and similar for a for disemmination of this critical information. Law must reflect society. To criminalize a practice that has become a cultural norm without public education amply creates a gap between “law in books” and “law in action”.

5.2. Amendment of Practice Direction: It is suggested that either the Rules of Professional Conduct, 2007 is amended to expressly state the ban, or fresh guidelines are issued pursuant to the Rules.

5.3. Statutory Review: The Nigerian Bar Association must earnestly seek bills to consider aligning the provisions of the Legal Practioners Act with the Rules of Professional Conduct.

6.00 CONCLUSION

6.1. As at today, the Supreme Court policy decision in the Ofomata’s case is binding law and in alignment with global practice. It is not meant to jeopardize the practice of law but founded on the honour foundation of the profession.

6.2. However, law without legitimacy creates resistance. The tension between statute, ethics, and culture will persist until there is consensus. The dignity of the profession is protected not just by sanctions, but by a rule that lawyers and the general public fully understand and accept.




REFERENCES

1. Legal Practitioners Act, Cap L11, LFN 2004, s.24
2. Rules of Professional Conduct for Legal Practitioners 2007, Rule 1
3. Nigerian Bar Association v. Ofomata (2017) 5 NWLR (Pt. 1557) 128 SC
4. LPDC v. Chief Ladi Rotimi-Williams (2019) LPDC/2019