Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The Nigerian Legal Society has declared that the Nigerian Bar Association has lost the opportunity to appeal a Federal High Court judgment that validated the introduction of the Blue Silks rank as an alternative to the Senior Advocate of Nigeria title for non-litigation lawyers, in a development that could fundamentally reshape the legal profession's hierarchy. The NLS, in a statement on Tuesday, September 8, 2026, insisted that the time permitted for the NBA to appeal the judgment delivered by Justice Mohammed Umar Garba of the Abuja Federal High Court on January 27, 2026, has lapsed, and the judgment now remains in force.
The judgment, delivered in suit number FHC/CS/1238/2025, gave judicial blessings to the Blue Silks rank of Senior Counsel of Nigeria (SCN). According to the Executive Secretary of the NLS, Dr. Tonye Clinton Jaja, SCN, the judgment specifically stated that neither the NBA nor any other institution can attempt to regulate Nigerian lawyers on any item that is not specifically mentioned in the Legal Practitioners Act, 1962. "Since the Blue Silks SCN is not specifically mentioned inside the said Legal Practitioners Act, it follows logically that neither the NBA nor the Legal Practitioners Privileges Committee, LPPC, can regulate the said Blue Silks, SCN. They can only regulate the Senior Advocate of Nigeria, SAN, rank which is specifically mentioned inside the Legal Practitioners Act," Jaja said.
The Blue Silks rank was introduced as an alternative to the SAN for non-litigation Nigerian lawyers who satisfy the criteria of having held a Bachelor of Laws (LLB) degree for a minimum of 10 years. The NLS explained that the rank is currently for members of the Nigerian Law Society, which received its certificate of registration on December 30, 2025, as issued by a collaboration of the Corporate Affairs Commission and SMEDAN. The Body of Senior Counsel of Nigeria (BOSCON) conducts the screening and conferment of the Blue Silks rank.
The NBA had opposed the introduction of the Blue Silks rank, describing the title as illegal. The NBA, which confers the SAN title through its LPPC, warned that Nigerian lawyers who take up the Blue Silks rank risk severe sanctions. However, the NLS argued that a judgment delivered on May 13, 2026, by another Federal High Court cannot override the January 27 judgment. "Since the date of delivery of the said judgment on the 27th January 2026, the NBA has not filed any appeal against the said judgment. The folly of their decision is that according to the rule of law, a judgment of another judge of the Federal High Court is incapable of over-riding the said judgment of Hon. Justice Mohammed Umar Garba. Unfortunately, for the NBA the time permitted for them to submit any appeal to the Court of Appeal has lapsed," Jaja said.
The dispute has exposed a deep fissure within Nigeria's legal profession, with the NBA and the LPPC maintaining that the SAN remains the highest mark of professional distinction and that the Blue Silks rank has no statutory backing. The LPPC had warned that its use could amount to a violation of the Rules of Professional Conduct for Legal Practitioners 2023. However, the NLS and BOSCON have insisted on their autonomy to confer the rank, arguing that just as the NBA recently declared its autonomy to conduct its election without interference from the Attorney-General of the Federation, both the NLS and BOSCON also have the autonomy to confer the Blue Silk rank without interference. "The conferment of the Blue Silk rank of Senior Counsel of Nigeria (SCN) upon members of the Nigerian Law Society (NLS) is 100% an internal affair of the Nigerian Law Society (NLS), using the criteria of 35 verifiable non-litigation transactions as assessed by the Body of Senior Counsel of Nigeria (BOSCON)," the NLS stated.
The legal battle over the Blue Silks rank has been ongoing for months. In May 2026, the Incorporated Trustees of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) and its secretary, Dr. Tonye Clinton Jaja, approached the Court of Appeal in Abuja, challenging the judgment of the Federal High Court, which dismissed their suit against the NBA and other legal regulatory bodies over the controversial rank. Justice J.K. Omotosho had dismissed the appellants' originating motion seeking enforcement of their fundamental rights to fair hearing and freedom of association, ruling that only the LPPC is legally empowered to confer the rank of Senior Advocate of Nigeria and ordering the appellants to desist from conferring or purporting to confer the "Blue Silks" rank or any similar title on lawyers in Nigeria.
Dissatisfied with the ruling, the appellants lodged a seven-ground appeal accusing the trial judge of misinterpreting constitutional provisions and making orders beyond the issues submitted before the court. The appellants maintained that no Nigerian law prohibits private legal associations from conferring honorary titles on their members, provided such titles do not contravene any existing law. The appeal is still pending before the Court of Appeal.
The NLS's declaration that the NBA has lost the opportunity to appeal the January 27 judgment has effectively handed the Blue Silks rank a legal victory, at least for now. The NBA has not yet publicly responded to the NLS's statement, but the legal battle over the rank is far from over. As the NLS's Executive Secretary put it, "in addition to Section 40 of the Constitution of the Federal Republic of Nigeria, 1999, the judgment of Hon. Justice Mohammed Umar Garba remains the legal basis for the Blue Silks, SCN."
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