STATEMENT BY THE NIGERIAN LAW SOCIETY (NLS) ON ITS LANDMARK LEGAL VICTORY OVER THE CORPORATE AFFAIRS COMMISSION (CAC)
The Nigerian Law Society (NLS) today reaffirms its foundation and existence, secured through a decisive victory for the rule of law and the fundamental rights of Nigerian legal practitioners. This statement illuminates the significance of our landmark legal triumph over the Corporate Affairs Commission (CAC) and its profound implications for freedom of association in Nigeria.
The establishment of the NLS was met with unwarranted obstruction by the CAC. In 2022, the CAC refused the application for registration submitted by our distinguished Promoters – Chief Bolaji Ayorinde, OFR, SAN; Mela Audu Nunghe, SAN.; Amb. Garba Gajam; Chief Emeka Ichoku; Mrs. Chioma Ferguson; and Tejumola Adigun, Esq. This refusal was based solely on the erroneous and unconstitutional demand that the NLS first obtain a “no objection” letter or approval from an existing private association, a requirement fundamentally contravening the constitutional rights of Nigerian lawyers.
Faced with this unlawful impediment, our Promoters courageously initiated legal action at the Federal High Court in Suit No. FHC/ABJ/CS/482/2023 between Chief Bolaji Ayorinde, SAN & 5 Ors v. Corporate Affairs Commission. The suit sought definitive judicial pronouncements to establish their inherent constitutional rights, summarily it sought for declarations that the requirement imposed by the CAC for the Promoters to obtain approval or a “no objection” letter from a private association as a precondition for registering the NLS was unconstitutional, null, and void, that the Promoters possess the fundamental right, guaranteed by Section 40 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), to freely associate and form the Nigerian Law Society without requiring permission from any private entity, and a directive compelling the CAC to register the Nigerian Law Society immediately, setting aside the CAC's refusal to register the NLS.
The Federal High Court, Coram Hon. Justice G. K. Olotu, delivered a landmark decision in favour of the NLS. The Court granted ALL prayers sought by the Promoters without reservation. This landmark ruling affirmed the Promoters' constitutional right under Section 40 to form the NLS without seeking approval from any private association, declared the CAC's imposition of a “no objection” requirement from a private body as unconstitutional, null, and void, and ordered the CAC to immediately register the Nigerian Law Society. This judgment stands as a powerful testament to the supremacy of the Constitution and the rule of law in Nigeria, decisively rejecting the notion that the formation of professional associations could be subject to the veto of private entities.
Regrettably, despite this clear court order, the CAC, acting in concert with another association, engaged in tactics of resistance and intimidation. This included publicly and erroneously labelling the NLS as an “illegal association” in a transparent attempt to stifle our growth and deter membership, even while pursuing an appeal against the Federal High Court's judgment – an appeal which remains pending. The NLS's legal standing was further fortified by Section 823 of the Companies and Allied Matters Act, 2020 (CAMA), which explicitly states that a non-profit organization like the NLS does not require CAC registration to be established and operate.
Undeterred by these challenges, the NLS has flourished with remarkable resilience. Guided initially by its first Interim Executive Committee and now its current leadership, the Society successfully organized its historic inaugural Annual General Conference in 2023. This momentum has continued with highly successful conferences in 2024 and now in 2025. Our membership, a resounding endorsement of our vision for excellence and global competitiveness, has surpassed 600 registered legal practitioners and continues to grow exponentially.
The NLS is steadfast in its mission to be the undisputed professional home for Nigerian lawyers committed to global distinction. We foster unparalleled knowledge exchange, cutting-edge skill acquisition, and facilitate access to international opportunities, positioning our members to excel on the world stage. As a powerful signal of our growing stature, we are proud to announce our registered corporate membership with both the African Bar Association (AfBA) and the Pan African Lawyers Union (PALU) as of 2025, pivotal steps towards our boundless future.
The NLS's victory over the CAC is not merely an institutional triumph; it is a victory for the constitutional rights of all Nigerian lawyers and a reaffirmation of the rule of law. We pay tribute to the courage and determination of our Promoters – Chief Bolaji Ayorinde, OFR, SAN; Mela Audu Nunghe, SAN.; Amb. Garba Gajam; Chief Emeka Ichoku; Mrs. Chioma Ferguson; and Tejumola Adigun, Esq. – and Founder, Chief Joe-Kyari Gadzama, OFR, SAN, whose legal action secured this foundational right. We equally acknowledge every member, volunteer, and supporter who has believed in and contributed to this journey. The NLS stands as a chorus of resilience, built on the bedrock of a landmark legal victory. The journey continues, fortified by our past struggles and propelled by an unshakeable belief in our collective destiny. The best is yet to come.
Signed: Mr. Steve Abar, General Secretary.
FOR: Interim Executive Committee - Nigerian Law Society (NLS)