By Hameed Ajibola
The world economy has been influenced highly by electronic transactions. The E-Commerce economy has over the years, been trending and almost all the developed countries have found themselves using the ‘electronic’ as a vital means of transacting with other persons in the economy globally. Some of the advantages of the E-economy are also overwhelming giving reasons for compliance and accessibility to such an E-economy.
Some developing countries too have come to realise the importance of this E-economy. The Covid-19 influence on the world economy has also influenced the manner that people around the world transact the economy. Nigeria is a country among the developing countries. Nigerian lawyers play great roles in the economy through their relationship with their clients and rendering legal services to their clients. Hence, this paper is of the humble view that the current world economy has developed beyond a physically conducted economic transaction, hence, this paper recommends that the Nigerian Bar Association-herein after referred to as NBA- should conform with the E-economy by providing E-approved NBA Seal in line with the Rule 10 of the Rules of Professional Conducts for Legal Practitioners, 2007-herein after referred to as RPC- in a way that would boost the Nigerian Economy, hence, this paper.
The said Rule 10 of the RPC, 2007, provides thus ‘. (1) A lawyer acting in his capacity as a legal practitioner, legal office or adviser of any Governmental department or Ministry of any corporation, shall not sign or file a legal document unless there is affixed on any such document a seal and stamp approved by the Nigerian Bar Association. (2) For the purpose of this rule, “Legal documents” shall include pleadings, affidavits, depositions, applications, instruments, agreements, deed letters, memoranda, reports, legal opinions or any similar documents. (3) If without complying with the requirements of this rule, a lawyer signs or files any legal documents as defined in sub-rule (2) of this rule, and in any of the capacities mentioned in sub-rule(1), the document so signed or filed shall be deemed not to have been properly signed or filed.’. (Underlining is mine for emphasis). From this provision of Rule 10, RPC, the legal framework for the E-approved NBA seal and stamp has been established. Therefore, Rule 10, RPC has already conferred on the NBA the power to make provision for an E-approved NBA seal and stamp and therefore, there will be no need to amend the present RPC to accommodate the E-approved NBA Seal. The wording is ‘approved by the NBA’. Therefore, in my humble view, once the E-seal and stamp have been approved by the NBA, the same becomes approved and the use of the same becomes valid.
Furthermore, lawyers in the current economy, have had occasions where they have been required to sign documents electronically in line with the Evidence Act, 2011, which provides for ‘electronic signature’, but signing alone is not enough, as such a lawyer would have to affix his approved NBA seal and stamp on the said document to have been validly signed as mandated by the Rule 10 of the RPC. The unavailability of this E-approved NBA seal and stamp is greatly affecting the electronic economy or transactions of Nigerian lawyers. There have been clamours too for an E-Court System and E-Court proceedings. This is to show the value of the said E-economy globally.
Also, various ‘applications’ for Android phones, PC (personal computers), etc., have been enabled to aid the E-Scanning of documents and or court processes. Legal documents have been required to be scanned and filed in some of the Nigerian Courts. For instance, the Lagos State High Court and the Federal Capital Territory-Abuja’s E-affidavits rules. Also, some judgments of courts have been delivered electronically. Some Nigerian Courts especially the National Industrial Courts of Nigeria, have been conducting E-Court proceedings. Therefore, all these analyses are of unparalleled justifications for the urgent need for an E-approved NBA Seal and Stamp to conform with the Electronically influenced global economy.
In my humble recommendation, the NBA can issue an E-approved NBA Seal and Stamp to every lawyer who is a financial member of the association either through a specific electronic link or through their email with a condition that the use of such particular seal shall expire at a certain time to be approved by the NBA. The hard copy and the E-copy of the approved seal could also be issued and be usable at the same time. The issuance of the E-approved NBA seal and stamp would enable lawyers to copy and affix their E-approved NBA seal and stamp to any document that they issue or sign electronically and such document is valid and same can be transacted anywhere in the world.
Finally, in my humble view, this recommendation is very much achievable if the NBA would consider this my humble recommendation in order for Nigerian Lawyers to conform with the E-global economy. I am therefore available for any further engagement on ways of actualizing this project by the NBA.
