Court did not prevent us from awarding Blue Silk status – Senior Counsel of Nigeria, Nigerian Legal Society

The Body of Senior Counsel of Nigeria (BOSCON) and the Nigerian Legal Society (NLS) have stated that a judgment from the Abuja Federal High Court does not prevent them from continuing to award the Blue Silks rank to Nigerian lawyers.

In a joint statement signed by Ambassador Dahiru Aliyu, SCN, President of BOSCON, the organizations clarified their decision to proceed with the conferment despite a court ruling that restrained the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), which introduced the Blue Silks rank, from doing so.

ALDRAP and its Executive Director, Dr. Tonye Clinton Jaja, had sued the Nigerian Bar Association (NBA) to stop the NBA from interfering in the Blue Silks conferment. An Abuja Federal High Court judge, Justice James Omotosho, issued a perpetual injunction preventing ALDRAP from awarding the title.

ALDRAP filed an appeal and a request for a stay of execution, arguing that Justice Omotosho lacked jurisdiction because he had already been confirmed for elevation to the Court of Appeal at the time he handled the case. The association also contended that the judge should not have granted the restraining order, as no such request had been made to the court.

Following these developments, BOSCON and NLS announced that they would now confer the Blue Silks rank on lawyers who are interested and deserving.

On Monday, BOSCON and NLS explained the legal basis for their decision, stating that they are not affected by the restraining order issued by the Abuja Federal High Court.

The statement quoted a legal authority: “Even a law student in his/her first year knows that: Obasohan vs. Ogida (2018), LPELR-46123.” It added, “A judgment made with an order against a person who was not joined as a necessary party to a pending suit cannot be allowed to stand.”

“A court judgment binds only the two plaintiffs (Incorporated Trustees of ALDRAP and Dr. Jaja). The Body of Senior Counsel of Nigeria (BOSCON) and the Nigerian Law Society (NLS) were not parties to the lawsuit and the resulting judgment, therefore they are not bound by it. Consequently, they will continue with the conferment of the Blue Silks.”

The statement noted that the continued conferment of the rank by the new entities is legal under Nigerian law.

“Under Nigerian law, it is a foundational legal principle that a judgment in a civil suit (in personam) binds only the named parties, their privies, and their successors-in-title. Strangers to a suit (non-parties) cannot be bound by, held liable under, or found in contempt of a judgment they were not part of.”

“Res Inter Alios Acta: This Latin maxim forms the basis of this legal doctrine, which translates to ‘a transaction between others does not prejudice others.’”