Nigerian legal bodies assert authority for 'Blue Silk' rank despite court ruling

Nigerian legal organizations the Nigerian Law Society (NLS) and the Body of Senior Counsel of Nigeria (BOSCON) are asserting their right to confer the "Senior Counsel of Nigeria" (SCN), also known as the Blue Silk rank. They maintain this initiative is independent of the statutorily recognized Legal Practitioners’ Privileges Committee (LPPC).

This stance comes two months after the Federal High Court in Abuja dismissed a lawsuit seeking validation for the Blue Silk rank. The court ruled that only the LPPC has the legal authority to confer the Senior Advocate of Nigeria (SAN) rank. Judge James Omotosho stated that the legal profession is not a matter of joining a political party and that individuals cannot create their own legal professions outside the law.

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The argument by the applicants that they have a right to freedom of assembly and association does not come into play here. 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.

Prior to the court's judgment, the LPPC had warned lawyers against using the Blue Silk designation, emphasizing that SAN is the only professional rank recognized under the Legal Practitioners Act. However, the NLS and BOSCON argue that the application, assessment, and conferment of the Blue Silk rank are governed by their internal rules, placing them beyond the control of the LPPC, the Nigerian Bar Association (NBA), or any government institution.

The organizations further cited a January 27 Federal High Court judgment by Judge Inyang Ekwo, which they claim affirmed that the Blue Silk initiative is not created under the Legal Practitioners Act. According to their statement, this means the Blue Silk rank is not subject to the regulatory oversight of the LPPC or any statutory body. The NLS and BOSCON reiterated that no individual, institution, or government agency has the authority to interfere with their Blue Silk conferment process.

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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).