The Nigerian Legal Society (NLS) has claimed that the Nigerian Bar Association (NBA) can no longer appeal a Federal High Court judgment that recognised the controversial Blue Silks rank as a professional designation for non-litigation lawyers.
The development comes amid an ongoing disagreement between the NLS and the NBA over the legality of the Senior Counsel of Nigeria (SCN), popularly referred to as Blue Silks.
The NBA had rejected the rank, arguing that it was not legally recognised and warning lawyers against accepting the designation. The association’s position is that the conferment of professional ranks on legal practitioners falls within the established regulatory framework of the legal profession, including the Senior Advocate of Nigeria (SAN) system administered through the Legal Practitioners’ Privileges Committee (LPPC).
However, the NLS has maintained that the Blue Silks designation is legally permissible and cannot be regulated or prohibited by the NBA because it is not specifically provided for under the Legal Practitioners Act.
Giving an update on the matter, Executive Secretary of the NLS, Dr Tonye Clinton Jaja, SCN, referred to a judgment delivered by Justice Mohammed Umar Garba of the Federal High Court in Abuja on January 27, 2026.
The judgment, delivered in Suit No. FHC/CS/1238/2025, is being relied upon by the NLS as the legal foundation for the Blue Silks initiative.
Jaja argued that the court had made it clear that the NBA and other institutions could not regulate Nigerian lawyers on matters that were not expressly covered by the Legal Practitioners Act, 1962.
He said this distinction was important because, unlike the SAN rank, the Blue Silks designation is not specifically mentioned in the legislation.
According to him, the NBA and the LPPC can regulate the SAN rank because it has statutory recognition, but cannot extend the same regulatory authority to the SCN designation.
“The Blue Silks, SCN, is currently for members of the Nigerian Law Society, NLS, which received its certificate of registration dated 30th December 2025,” Jaja said.
He added that the Body of Senior Counsel of Nigeria (BOSCON) is responsible for screening candidates and conferring the Blue Silks rank.
The NLS explained that the designation was created primarily as an alternative professional recognition for non-litigation lawyers who meet the required qualifications, including having held an LLB degree for at least 10 years.
Jaja also addressed a separate Federal High Court judgment delivered on May 13, 2026, which he said could not automatically nullify or override the earlier judgment of Justice Garba.
He explained that judges of the same level of court generally operate within a coordinate jurisdiction, meaning that one Federal High Court judge cannot simply overturn the judgment of another Federal High Court judge.
More importantly, Jaja said the NBA had failed to challenge the January 27 judgment within the applicable period for filing an appeal.
“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,” he said.
He added that the period available to the NBA to approach the Court of Appeal had since elapsed.
The NLS consequently maintains that the January 27 judgment remains valid and continues to provide legal backing for the Blue Silks designation.
Jaja also cited Section 40 of the 1999 Constitution, which guarantees the right to freedom of association, as an additional legal basis for the activities surrounding the Blue Silks initiative.
The controversy has opened a wider debate within Nigeria’s legal profession over professional recognition, regulatory authority and the extent to which lawyers can establish alternative professional structures outside the traditional SAN framework.
While the NBA has maintained its opposition to the Blue Silks rank, the NLS insists that the designation remains legally permissible and that its members can continue to operate under the SCN title unless the existing judicial position is successfully overturned on appeal.
