Court did not stop us from conferring Blue silks rank – Body of Senior Counsel of Nigeria, Nigerian Legal Society

The Body of Senior Counsel of Nigeria, BOSCON, and the Nigerian Legal Society, NLS, have declared that an Abuja Federal High Court judgment did not stop them from continuing to confer the Blue Silks rank on Nigerian lawyers.

BOSCON and NLS stated this in a joint statement signed by Amb. Dahiru Aliyu, SCN, President, Body of Senior Counsel of Nigeria.

The statement was issued to clarify their decision to continue conferring the rank despite a court judgment which restrained the Association of Legislative Drafting and Advocacy Practitioners, ALDRAP, which introduced the Blue Silks rank, from going ahead with the practice.

Following a suit filed by ALDRAP and its Executive Director, Dr Tonye Clinton Jaja, to stop the Nigerian Bar Association, NBA, from interfering in the conferment of the Blue Silks rank, an Abuja Federal High Court presided by Justice James Omotosho granted an order of perpetual injunction restraining ALDRAP from conferring the title.

ALDRAP filed a notice of appeal and stay of execution against the judgment, arguing that Justice Omotosho lacked the jurisdiction to adjudicate on the matter because he had already been confirmed for elevation to the Court of Appeal at the time he handled the suit.

The lawyers’ association also argued that the judge should not have granted the restraining order since no prayer for such was before the court.

Following the development, it was announced that the Body of Senior Counsel of Nigeria and the Nigerian Legal Society would henceforth confer the Blue Silks rank on interested and deserving lawyers.

Explaining the legal basis of the decision on Monday, the Body of Senior Counsel of Nigeria and the Nigerian Legal Society said they are not affected by the restraining order granted by the Abuja Federal High Court.

Quoting a legal authority, the statement said, “Even a law student in his/her first year know that: Obasohan vs. Ogida (2018), LPELR-46123.
“Judgment made with order against a person who was not joined as a necessary party to a pending suit cannot be allowed to stand.

“A court judgment binds only the two plaintiffs (Incorporated Trustees of ALDRAP and Dr. Jaja).

“The Body of Senior Counsel of Nigeria (BOSCON) and the Nigerian Law Society (NLS) were not parties to the said lawsuit and the ensuing judgment, therefore they are not bound by the said judgment. Therefore they continue with the conferment of the Blue Silks.”

The statement noted that the continued conferment of the rank by the new entities is legal under the law.

“Under Nigerian law, it is a foundational legal principle that a judgment in a civil suit (in personam) binds only the named parties, their privies, and their successors-in-title. Strangers to a suit (non-parties) cannot be bound by, held liable under, or found in contempt of a judgment they were not part of.

“Res Inter Alios Acta: This Latin maxim forms the basis of this legal doctrine, which translates to “a transaction between others does not prejudice others.”