Like NIPR on PR Practice, NBA Kicks Against Appointment of Non-lawyers as Legal Directors

Like NIPR on PR Practice, NBA Kicks Against Appointment of Non-lawyers as Legal Directors

After recent warning by the Nigerian Institute of Public Relations against quakery in PR profession, the Nigerian Bar Association, (NBA) has also issued warning against appointment of non-professional for legal practice.

The Lagos and Ikeja branches of the NBA expressed their dismay about the decisions of some companies to appoint non-lawyers as their legal directors.

The body said it had sent letters of cease and desist to six companies, notable among them Promasidor Limited and International Breweries Plc.

The chairmen of both branches, Olabisi Makanjuola (Lagos branch), and Seyi Olawunmi, in their ‘Cease and Desist’ letters, deplored the actions of the affected companies and urged them to desist or face litigation.

Both Promasidor and International Breweries are said to have appointed Polytechnic graduates as their legal directors. The NBA said that the action negate the provision of Sections 22(1) and (5) of the Legal Practitioner’s Act 2004.
The Act, as the NBA said, “prohibits any person who is not a legal practitioner from claiming to be such explicitly or impliedly. It adds that the provisions also “prohibits non-lawyers from using any title or description that could mislead the public to believe that they are qualified to practice law.”

The lawyers union asked the companies to “immediately cease and desist from employing non-lawyers to the position of legal director or any other legal role within your organisations.” It also vowed to take legal actions against the companies, if they fail to comply with its demand.

The body also urged the Chartered Institute of Personnel Management (CIPM) to check the development using their members serving as human resources officers in various organisations.

Recently, the Nigerian Institute of Public Relations reiterated its stance against the appointment of unlicensed and unregistered professionals as spokespersons, especially for Ministries, Departments and Agencies of government.

A letter signed by Dr. Ike Neliaku, NIPR President and Major General Chris Olukolade (rtd), Chairman, NIPR Compliance and Enforcement Committee, urged the establishments to comply with with provisions of the Nigerian Institute of Public Relations Practitioners Act of 1990, now Cap N114 Laws of the Federation 2004.

The memo sighted by PRNigeria reads: “Section 19 (2) of the NIPR Act states that, ‘If any person who is not a member of the Institute practises or holds himself out to practise as a public relations practitioner for or in expectation of reward, or takes or uses any name, title, addition or description implying that he is in practice as a public relations practitioner, he shall be guilty of an offence….’; Section 19 (4) states that, ‘A person guilty of an offence under this section shall be liable to a fine, imprisonment or both.’

“Section 19 (5) states that, ‘Where an offence under this section, which has been committed by a body corporate, is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be prosecuted and punished accordingly.’

“The provisions above criminalises the employment, hiring or assigning of any officer who is not registered with NIPR as Spokesperson, Public Relations, Public Affairs, Corporate Affairs, Community Relations, Communication, Press Relations, Corporate Communication, Protocol or information functionary and allied services by any public or private organisation in Nigeria.”

By PRNigeria