Setting the Record Straight on Mandatory CPD Requirement and the Right to Practice Law

Misconceptions About the NBA’s Mandatory CPD Requirement and Practicing Certificate

The Nigerian Bar Association (NBA or Association) wishes to make the following statements in the light of various media reports and public commentary suggesting that the Association is acting without care or consideration for lawyers particularly young lawyers by enforcing the Continuing Professional Development (CPD) requirement as” a condition for legal practice”.

It is crucial that we, as members of this noble profession, have a clear understanding of the legal framework underpinning these vital rules, as they are designed not as a punitive measure but as a collective commitment to maintaining and elevating the standards of legal practice in Nigeria. These misconceptions need to be corrected with the provision of accurate legal, administrative, and policy positions.

1. The Mandatory Continuing Professional Development (CPD) requirement is a stipulation of Law, not policy:

The CPD requirement is not a new creation of the present NBA administration, nor is it arbitrary. It is backed by Rules 11 and 12 of the Rules of Professional Conduct (RPC). Rule 11(1) RPC expressly states that a “lawyer who wishes to carry on practice as a legal practitioner shall participate in and satisfy the requirements of the mandatory Continuing Professional Development (CPD) Programme operated by the Nigerian Bar Association.

Rule 11(2), RPC stipulates that the activities in which a lawyer is required to participate for the purpose of the CPD Programme, the Association shall include –

(a). attendance and participation in accredited courses;

(b). lectures, seminars, workshops and conferences on law, approved by the Nigerian Bar Association.

(c). writing on the law and its practice in books, Journals, and Newspapers,

approved by the Nigerian Bar Association.

(d). study towards professional qualifications approved by the Nigerian Bar Association; and

(e) other approved means of acquiring legal professional knowledge and experience.”

The NBA is further empowered by Rule 12(1) RPC to publish every year and not later than a date specified by it a list of legal practitioners to be entitled to practice as legal practitioners in that year, after complying with the requirements of the Continuing Professional Development Programme and payment of their practicing fees (in these Rules referred to as the Annual Practicing List); and (b) issue a Practicing Certificate to a legal practitioner whose name is on the Annual Practicing List, certifying that he/she has paid his Practicing Fee for the specified year and complied with the requirement of the Continuing Professional Development Programme for the year under the rules made for that purpose by the Association.

Without these two requirements, a lawyer’s name will not appear on the Annual Practicing List, and no Practicing Certificate will be issued. What we have done is to simply set out to comply with the mandatory requirements of the law to ensure that Nigerian lawyers comply with the statutory requirements for mandatory continuing professional development. Thus, we requested and obtained the approval of the National Executive Council for the passage of the Mandatory Continuing Professional Development (MCPD) Rules, 2025, to regulate the mandatory Continuing Professional Development (CPD) Programme operated by the Nigerian Bar Association. The Rules were made pursuant to Rule 11(6), Rules of Professional Conduct for Legal Practitioners 2023.

The NBA, through its Institute of Continuing Legal Education (NBA-ICLE), is the designated body responsible for giving effect to these rules, particularly those relating to continuing professional development. This is akin to the enforcement of the Stamp and Seal policy, which also derives its mandate from the RPC and is implemented through NBA regulations by the Bar Services department of the NBA National Secretariat.

Rule 11 (5) of the RPC provides that the Nigerian Bar Association shall establish a Continuing Professional Development Department in its office for the operation of the CPD Programme.

The NBA, through the NBA-ICLE, is dedicated to making the process of earning CPD credits as accessible and convenient as possible. CPD credits can be obtained from various programmes accredited by the NBA-ICLE. Notably, CPD credits can also be earned from your NBA branches within the States or outside your local NBA Branches that offer training sessions, even if they are as short as one hour. During Branch meetings, each branch should allocate at least one hour for a knowledge-sharing session. To implement this, the branch must request approval from the NBA-ICLE, meet all requirements, and ensure that the training programmes focus on continuous learning. Additionally, these programs should be accredited so that the hours can contribute to Continuing Professional Development (CPD).

 

2. Practicing Without a Practicing Certificate is Prohibited

 

Rule 12(3) of the RPC prohibits a lawyer while in his/her capacity as a lawyer, unless he holds an Annual Practicing Certificate issued by the NBA,

 

a. Conducting or taking part in any proceedings in the court, judicial tribunal, or panel of enquiry:

b. signing any documents, pleadings, affidavits, depositions, application, instruments, agreements, deeds, letters, memoranda, reports, legal opinions or similar documents and processes; or

c. filing any such documents as a legal practitioner legal officer or adviser of any Government Department or Ministry or any company or corporation.

The law is therefore very clear: no lawyer may carry out any of the acts stated above in Nigeria unless he/she has been issued an Annual Practicing Certificate by the NBA (Rule 12(3), RPC).

 

3. THE NBA Has Significantly Reduced the Burden on Lawyers

Rule 12(4) RPC provides that “except as may be provided in the rules or guidelines of the NBA, the number of credit hours required for each year shall be as follows- (a) for lawyers from Admission up to 5 years – 24 hours; (b) for lawyers just over five years up to ten years – 18 hours; and (c) for lawyers above ten years – 12 hours”.

 

In exercising the powers granted to it under Rule 11(6) of the RPC, the current administration has taken progressive and empathetic steps to make compliance easy and accessible.

 

Key concession:

 

• The NBA, through its Institute of Continuing Legal Education (NBA-ICLE), has reduced the required CPD credit hours as set out above to just 5 hours per year for all lawyers, regardless of year of call (Please see Rule 11, NBA MCPD Rules, 2025).

 

This is a deliberate effort to:

 

• Ease the compliance burden, especially on young and less-resourced lawyers,

 

• Encourage continuing education in a structured but flexible way,

 

• Promote universal compliance without financial or logistical hardship.

 

4. Flexible, Affordable Options for Earning CPD Points

 

The NBA has approved multiple flexible and affordable ways to earn CPD credit hours. Lawyers can now meet the requirement through any combination of the following:

 

• NBA-accredited seminars, webinars, workshops, and online courses

 

• Attendance at the NBA Annual General Conference or Section/Fora events

 

• Bar Association meetings discussing legal, ethical, or practice issues

 

• Presenting legal papers, teaching or guest lecturing, or serving as a moot court judge

 

• Authoring scholarly articles or legal publications

 

• Enrolling in structured legal postgraduate programmes or certifications

 

Just 2–3 low-cost or free activities per year will satisfy the entire requirement. The NBA-ICLE regularly publishes these opportunities and partners with NBA Branches to host local trainings nationwide.

 

5. Protection for Lawyers Facing Hardship

 

The NBA has also introduced a Financial Hardship Waiver Policy, allowing lawyers with demonstrated economic difficulty to apply for:

 

• Discounted or waived CPD course fees,

 

• Free CPD participation slots at NBA-accredited events,

 

• Temporary extensions or exemptions due to illness or extraordinary circumstances.

 

(See Rules 5 & 21, NBA MCPD Rules, 2025)

 

This ensures that no lawyer is excluded from practice or professional development due to financial or personal hardship.

 

6. The NBA is Building a Future-Ready, Globally Respected Bar

 

Mandatory CPD is not punitive. It is the best international practice adopted in leading jurisdictions. It ensures that Nigerian lawyers remain:

 

• Ethically grounded,

 

• Professionally current, and

 

• Competitively positioned in the global legal market.

 

The NBA’s enforcement of CPD and practicing certificate requirements is not only legally grounded; it is a duty owed to the profession, the courts, and the public. It is important to note that the concept of mandatory Continuing Legal Education (CLE) is not a recent innovation introduced by the 2025 NBA MCPD Rules. It has been a cornerstone of professional development within the Nigerian legal profession for well over a decade. The 2007 Rules of Professional Conduct and the subsequent 2007 MCLE Rules already provided for Mandatory Continuing Professional Development. The NBA NEC approved the Mandatory Continuing Legal Education Rules (MCLE Rules) on 15th February 2007, and NBA-NEC subsequently amended the Rules on 21st February 2008 and 29th June 2008. Pursuant to the provisions of the MCLE Rules, the MCLE Board issued guidelines for the implementation of the programme on 13th November 2007.

 

The 2025 NBA MCPD Rules were reviewed and approved at the NBA-NEC meeting of the 6th of February 2025 and are therefore not introducing a new concept, but rather are a refinement and a more robust enforcement mechanism for a requirement that has long existed in our professional regulations. The key difference now is the renewed commitment to the strict implementation of what was already provided for in the earlier rules.

 

Again, the MCPD programme is not intended to be punitive; its primary objective is to enhance the competence, ethical compliance, and overall professionalism of legal practitioners in Nigeria. The legal landscape is constantly evolving, with new laws, judicial pronouncements, and technological advancements emerging regularly. Without continuous learning, lawyers risk becoming obsolete and delivering suboptimal services to their clients and the justice system.

 

The 5-CPD credit annual requirement is a minimum standard designed to ensure that every lawyer stays abreast of these developments, maintains high ethical standards, and continues to provide competent legal services.

 

Conclusion

 

The Nigerian Bar Association strongly refutes the allegation that it is acting without care or regard for lawyers. On the contrary, the Association has made deliberate, measurable concessions and provided broad support mechanisms to help every lawyer comply with the law easily, affordably, and flexibly.

 

As part of its ongoing commitment to supporting lawyers, the NBA is also developing a suite of self-paced, on-demand CPD courses accessible for free and from the comfort of lawyers’ homes. These courses will focus on promoting compliance, enhancing professionalism, and advancing practical knowledge in specific areas of legal practice.

 

We urge all lawyers to engage with the NBA-ICLE, participate in approved activities, and embrace the spirit of lifelong professional development.

 

A stronger Bar begins with a better-equipped lawyer. No lawyer is left behind.

 

We are here to serve you, and the enforcement of the MCPD Rules is a collective effort towards strengthening our profession and ensuring that the Nigerian Bar remains a beacon of excellence and integrity. Your cooperation and commitment to this mandatory professional development are crucial for our collective reality and for the advancement of justice in Nigeria.

 

Thank you for your understanding and continued dedication to the legal profession.

 

For inquiries and to access CPD programmes, please visit https://www.nbaicle.org/trainings to register for your preferred upcoming courses and download the MCPD rules to stay informed. For more information, please visit www.nbaicle.org or send us an email at icle@nigerianbar.org.ng or /sarah.ajijola@nigerianbar.org.ng

 

Thank you for your cooperation and commitment to legal excellence.

 

Yours sinc

erely,

 

Prof. Festus Emiri SAN

Board Chair, NBA-ICLE

 

Prof.C.V. Odoeme

Board Secretary