Blue Silks’ rank: ALDRAP files notice of appeal, says judge erred by granting restraining order
ALDRAP Appeals Court Ruling on Blue Silks Rank
The Association of Legislative and Advocacy Drafting Practitioners (ALDRAP) has formally appealed a recent judgment from the Federal High Court in Abuja, which prohibited the organization from conferring the Blue Silks rank on non-litigation lawyers.
The ruling, delivered by Justice Omotosho, included a perpetual injunction preventing ALDRAP from granting the Blue Silks title of Senior Counsel of Nigeria (SCN). This title was established by ALDRAP as an alternative to the prestigious Senior Advocate of Nigeria (SAN) designation.
The Nigerian Bar Association (NBA) has opposed the Blue Silks rank, labeling it as illegal. Furthermore, the NBA’s Legal Practitioners Privileges Committee (LPPC), which oversees the SAN designation, has warned that lawyers identifying as holders of the Blue Silks rank may face disciplinary actions.
In response to these threats, ALDRAP sought legal protection in the Federal High Court, aiming to safeguard its members’ rights and limit interference from the NBA and other entities regarding the Blue Silks rank.
However, the court ruled in favor of the NBA and its affiliates, granting an injunction against ALDRAP and its Executive Secretary, Dr. Tonye Clinton Jaja, from conferring the Blue Silks title.
In its notice of appeal, ALDRAP contended that the court issued an order not requested by either party in the case. Dr. Jaja highlighted this issue in a statement, referencing a legal precedent that indicates courts should not grant relief not sought by involved parties.
ALDRAP’s appeal outlines several specific criticisms of the trial judge’s decisions:
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The judge failed to apply consistent legal reasoning as established in a prior case, which asserted that the NBA and LPPC do not have the authority to regulate ranks not specified in the Legal Practitioners Act of 1962.
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The judge overlooked multiple correspondences dating back to 2021 that clarified the Blue Silks rank as equivalent to a fellowship title, awarded to members who meet specific criteria.
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The judge did not adequately consider legal provisions in the Constitution of Nigeria and the Companies and Allied Matters Act of 2020, which provide a legal foundation for the Blue Silks rank.
ALDRAP is moving forward with its legal strategy, instructing attorneys to file an appeal with the Court of Appeal, seeking both a stay of execution on the lower court’s ruling and a suspension of enforcement until the appeal concludes. The association asserts that this appeal is essential to safeguard the continued use and conferment of the Blue Silks rank of Senior Counsel of Nigeria.
