Fresh twist emerges in controversial Blue Silks legal battle

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The Association of Legislative and Advocacy Drafting Practitioners has filed a notice of appeal against a judgment of the Abuja Federal High Court which stopped the conferment of the Blue Silks rank on non-litigation lawyers.

The court, presided over by Justice Omotosho, had in its judgment granted an order of perpetual injunction restraining ALDRAP from conferring the Blue Silks rank of Senior Counsel of Nigeria, SCN.

ALDRAP had introduced the Blue Silks rank as an alternative to the Senior Advocate of Nigeria title conferred on lawyers considered worthy of the honour.

However, the Nigerian Bar Association rejected the Blue Silks rank, describing it as illegal.

Similarly, the NBA’s Legal Practitioners Privileges Committee, which is responsible for conferring the SAN title, warned that lawyers parading the Blue Silks rank risk sanctions for professional misconduct.

Following the warning, ALDRAP approached the Abuja Federal High Court seeking protection of its members’ fundamental rights and an order restraining the NBA and others from interfering in matters relating to the Blue Silks rank.

The court, however, ruled in favour of the NBA and other respondents and proceeded to issue an order of perpetual injunction restraining the applicants — ALDRAP and its Executive Secretary, Tonye Clinton Jaja — from continuing the conferment of the Blue Silks rank.

In its notice of appeal, ALDRAP faulted the judgment, arguing that the judge granted an order that was not sought by any of the parties in the suit.

In a statement issued by its Executive Secretary, Dr Tonye Clinton Jaja, ALDRAP said its notice of appeal and application for stay of execution were based on Odofin vs. Agu (1993) 33 NWLR pt. 229, page 350, wherein it was stated that: “The court is not a father Christmas that grants reliefs that are not sought by parties.”

ALDRAP maintained that it was wrong for the judge to issue the order when neither the applicants nor the respondents sought such relief in their claims and counter-claims before the court.

Stating additional grounds for the appeal, ALDRAP said, “We believe that learned trial judge erred in both law and fact as follows:

“The learned trial judge failed to apply similar legal reasoning as applied in the judgment of 27th January 2026 by Hon. Justice Mohammed Garba Umar stated that both the NBA and the LPPC cannot regulate matters such as ALDRAP’s Blue Silks rank which are not contained inside the Legal Practitioners Act, 1962;

“The learned trial judge failed to consider the fact that by several letter correspondences dating back to the year 2021 and addressed to the Chief Justice of Nigeria (CJN), LPPC, NBA, etc. the Incorporated Trustees of ALDRAP had clearly stated that the Blue Silks rank of Senior Counsel of Nigeria-SCN is the equivalent of the rank of fellowship which is conferred upon its members who satisfy the criteria.

“The learned trial judge failed to consider the combination of law and fact as submitted that Section 40 of the Constitution of the Federal Republic of Nigeria, 1999, in addition to the provisions of the Companies and Allied Matters Act 2020 (under which the Incorporated Trustees of ALDRAP is registered in the year 2017) provides the legislative and statutory backing for the Blue Silks rank of Senior Counsel of Nigeria, SCN.”

ALDRAP stated that it had, in line with the Court of Appeal Rules, 2021, directed its lawyers to immediately file an appeal before the Court of Appeal.

The association said the appeal would seek a stay of execution and request that enforcement of the judgment be suspended pending determination of the appeal against what it described as a “legally flawed and procedurally defective” judgment.

ALDRAP further stressed that the filing of both a Notice of Appeal and a Stay of Execution provides sufficient legal protection for the association to continue the conferment and use of the Blue Silks rank of Senior Counsel of Nigeria, SCN.

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