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Selling The Crown Jewels or Saving the Global Game? The case for and against FIFA forward enterprise

By Kachi Okezie, Esq.

Could FIFA’s $20 billion plan to spin off the commercial rights to the World Cup be the magic wand that transforms football funding, or could it fracture the sport forever? Is this a brilliant idea arriving at precisely the wrong time and through the wrong process? Or is it, at its core, a sound business proposition carrying potentially existential governance risks? And, ultimately, what would it mean for players, fans and the future of the game?

Football is at an inflection point. On July 28, 2026, reports emerged that FIFA President Gianni Infantino was advancing a plan to spin the commercial rights of the Men’s World Cup, Women’s World Cup and Club World Cup into a new for-profit entity, FIFA Forward Enterprise, or FFE. Significantly, the proposal was reported rather than formally disclosed by FIFA. Under the plan, FIFA would retain a majority stake, while selling between 20% and 30% to private investors for an estimated $4.2 billion. The proceeds would then be distributed among FIFA’s 211 member associations.

The reaction was immediate. The Union of European Football Associations (UEFA) described the proposal as “selling our game”. Fans dismissed it as a cash grab, while the Fédération Internationale des Associations de Footballeurs Professionnels (FIFPRO), the global representative organisation for professional footballers, made up of 70 national player unions and representing over 70,000 players worldwide, warned that the commercial logic could ultimately mean even more matches for players.

Yet beneath the headlines, the names of investors reportedly linked to the project and the political controversy surrounding them lies a much more fundamental question that every stakeholder in football needs to confront: is this a reckless attempt to privatise the sport, or the most rational structural reform FIFA has ever attempted?

To answer that, it is necessary to separate the idea from its messengers, the proposed structure from its timing, and the immediate financial gain from the longer-term governance implications.

At its core, FIFA would establish FIFA Forward Enterprise as a separate commercial vehicle responsible for the operational delivery of FIFA tournaments. It would house the commercial rights associated with broadcasting, sponsorship, licensing, hospitality and digital products for the men’s and women’s World Cups, as well as the expanded Club World Cup. FIFA would retain approximately 70% of the company, with private investors acquiring a minority stake of between 20% and 30%. Each of FIFA’s 211 member associations would receive shares valued at approximately $20 million, or around £15 million, which they would presumably be able to hold or sell. The initial equity valuation is estimated at around $20 billion, meaning a 20% to 30% sale could raise as much as $4.2 billion in upfront capital.

FIFA’s stated position is that investors would have no authority over sporting matters and that FIFA “will and must have leading roles”. The money raised would be directed towards development, with FIFA suggesting that total funding could exceed $10 billion over four years.

JP Morgan is reportedly advising on the transaction, while Thrive Capital, led by Joshua Kushner, has been linked to the investor group. Infantino himself is reportedly in line to run the company after leaving the FIFA presidency. That distinction matters. FIFA would not literally be selling the World Cup trophy or handing ownership of the tournament to private equity. What it would be doing is securitising a portion of the future cash flows generated by the World Cup and related competitions.

Viewed purely through the lens of corporate finance, the logic is compelling. FIFA’s existing model is highly cyclical. It generates roughly $7 billion to $8 billion every four years and then distributes and spends much of that money. The result is a boom-and-bust funding model for member associations. Selling a minority stake would allow FIFA to convert a decade or more of anticipated future revenues into capital today.

An upfront $4.2 billion could, in theory, finance thousands of pitches, support hundreds of women’s football initiatives and help professionalise dozens of federations immediately rather than spreading the same investment across three World Cup cycles. For more than 150 member associations that currently receive less than $5 million a year, the impact could be transformational.

There is also a strong structural argument. FIFA currently performs three distinct functions: it acts as regulator, tournament organiser and commercial seller. Those roles inevitably create conflicts. A separate commercial entity could allow FFE to operate like a genuine business, with professional sales teams, clear performance indicators and faster decision-making, while FIFA Congress concentrates on governance and sporting oversight.

There are precedents. Formula One’s relationship with Liberty Media demonstrates how commercial rights can be separated from sporting governance, while major American sports have long ring-fenced media and commercial operations. The underlying principle is straightforward: when the intellectual property is sufficiently powerful, professionalising its commercial exploitation can unlock enormous value. The World Cup is arguably the strongest intellectual property in global sport.

The proposal would also spread risk. Hosting tournaments involves enormous costs, while currency fluctuations, broadcaster failures and changes in market conditions can materially affect revenues. Bringing institutional investors into the structure means FIFA would no longer carry all of that exposure. If a future World Cup underperformed commercially, investors holding 30% of the company would absorb 30% of the economic consequences.

Perhaps the most radical element, however, is the proposed $20 million equity allocation for every member association. It would give every federation, from Vanuatu to Germany, a balance-sheet asset rather than simply an annual grant. For smaller nations, that could mean the difference between amateur football and a sustainable semi-professional structure. For women’s football in particular, it could provide a level of long-term capital that has historically been dependent on annual budgets and discretionary programmes. On paper, then, this resembles a textbook corporate-finance transaction. The problem is that football is not a normal business.

The first objection is philosophical. The World Cup is not merely a commercial product. It is a cultural institution and, in the eyes of many stakeholders, a global commons held in trust. To sell any part of its future economic value therefore feels fundamentally different from selling an ordinary corporate asset. The fear is not simply that 30% might be sold today, but that the transaction establishes a precedent: if 30% can be sold in 2026, why not 40% in 2034 or a full public listing in 2042? That slippery-slope argument has considerable emotional and political force.

Then comes the more practical governance problem. FIFA can promise that investors will have no influence over sporting decisions, but investors contributing $4.2 billion are unlikely to be entirely passive. They will expect returns, and returns require growth. In sport, growth usually means more commercial inventory, which means more competitions, more matches, more broadcast windows and more sponsorship opportunities.

That creates an unavoidable tension with player welfare. A for-profit company has a fiduciary responsibility to maximise shareholder value. FIFPRO, by contrast, exists to protect players. Those objectives can coexist, but they are not automatically aligned. The calendar is therefore central to the debate. Football is already approaching breaking point. The Club World Cup has expanded to 32 teams, the World Cup has expanded to 48, and proposals for an even larger 64-team World Cup have already surfaced. Domestic leagues, clubs and players are engaged in increasingly bitter disputes over workload and scheduling.

Against that backdrop, the creation of a profit-driven commercial vehicle inevitably raises the suspicion that more matches will follow. That is particularly sensitive because domestic leagues are not merely competitors for attention and revenue. They are where the overwhelming majority of professional players are developed.

The process has also damaged the proposal. Reports that the England FA, among others, was “completely unaware” of the plan until it became public reinforce the impression of a top-down initiative. The Kushner and Trump connections make the transaction politically toxic in some quarters, particularly in Europe, while the reported possibility of Infantino moving directly from the FIFA presidency to running FFE creates obvious conflict-of-interest questions, regardless of whether any improper conduct exists. In governance, process matters almost as much as substance. A proposal of this magnitude cannot easily command legitimacy if the stakeholders most affected by it believe they were excluded from its design.

Financially, the strengths remain obvious. FFE could unlock $4.2 billion immediately rather than requiring FIFA to wait across three World Cup cycles. It could reduce the volatility of FIFA’s revenues, provide capital for long-term planning and potentially create the largest development fund in football history. Hundreds of federations, leagues and women’s programmes could benefit simultaneously.

But the weakness is equally clear. A company backed by private investors is structurally incentivised to pursue perpetual growth. That creates pressure for more tournaments, more sponsors and more commercial inventory, potentially undermining FIFA’s stated priority of development.

The governance case follows the same pattern. Separating commercial operations from FIFA’s regulatory responsibilities could finally bring clarity to an organisation that has long attempted to perform too many functions at once. FFE could recruit and negotiate like a modern media company while FIFA Congress focuses on the governance of the sport.

The danger is mission drift. Even if FIFA retains a majority stake, a $20 billion company will develop its own institutional power. Over time, commercial priorities can begin to shape the organisation’s behaviour. Without hard guardrails, the commercial arm could become a parallel centre of power within global football.

Sporting integrity presents a similar contradiction. On paper, FIFA would retain authority over tournament formats, qualification, hosts and the Laws of the Game. Investors would not control the competitive core of the sport. But control is not only about formal voting rights. It is also about influence.

An investor committing billions will expect growth, and growth in sport almost inevitably generates pressure for more matches. That puts the greatest strain precisely where football is already most vulnerable: the calendar, player welfare and competitive balance.

The development argument may be the strongest case in favour of FFE. Giving each of the 211 member associations an equity stake worth around $20 million would represent an extraordinary redistribution of financial power. A small federation in Africa or Oceania could potentially use that asset to build academies, employ women’s coaches, upgrade facilities and digitise competitions without waiting for another funding cycle from Zurich.

But even here there is a potential unintended consequence. Smaller associations may be tempted or pressured to sell their shares quickly, particularly if they face immediate financial constraints. Without safeguards such as a right of first refusal, restrictions on buyers and a valuation floor, an initiative designed to decentralise wealth could ultimately concentrate ownership among larger investors or better-funded associations.

Stakeholder trust is therefore the biggest deficit surrounding the proposal. If implemented properly, FFE could become the financial engine of the global game and finally give grassroots, youth and women’s football access to a multi-billion-dollar capital base. But if the structure is perceived as something imposed by FIFA without meaningful participation from UEFA, the European Club Association, FIFPRO, leagues and national associations, even a sound financial model will struggle to achieve legitimacy.

The risks can be mitigated, but only if the protections are built into the shareholder agreement rather than left to promises. The first risk is mission drift and the inevitable pressure for more games. A contractual “calendar lock” could require a supermajority vote for any new tournament or major format change, combined with formal approval mechanisms involving FIFPRO, clubs and leagues. Player workload could also be subject to a clearly defined ceiling.

The second risk is investor control creeping beyond the original mandate. Investors could receive dividend rights without voting authority over sporting matters. FIFA could retain a golden share, while independent directors could have defined veto powers over decisions that threaten the sporting integrity of the competitions.

The third risk is development money disappearing into the corporate structure. A contractual requirement that the overwhelming majority of distributable profits return to FIFA for member development programmes could be independently audited each year. The member associations’ shares should also be protected against dilution.

The fourth risk is political capture. Individual investors should face ownership caps, while sovereign wealth funds or state-linked investors above an agreed threshold should require explicit Congress approval. Sponsors and investors should also be subject to independent ethical scrutiny.

Finally, there is the conflict-of-interest question. A meaningful cooling-off period should apply to FIFA executives moving into senior positions at FFE, accompanied by public disclosure of executive remuneration, related-party transactions and company accounts. Without those protections, this is not a partnership. It is a sale.

For local football, the consequences could be enormous. If the $20 million allocations to member associations are real, protected and genuinely accessible, FFE could represent the greatest decentralisation of financial power in FIFA’s history. A federation in Africa, Asia or Oceania could build academies, invest in women’s football, improve coaching structures and modernise its competitions without depending entirely on annual allocations from Zurich.

The danger is that local football could simultaneously become the victim of a more aggressive international calendar designed to generate FFE revenues. More international competitions may mean more money flowing down to federations while simultaneously weakening the domestic leagues that develop the players in the first place.

At the global level, FFE would formalise a two-tier structure: FIFA as regulator and FFE as commercialiser. That division could work exceptionally well if the checks and balances are genuine. It could also fail spectacularly if FFE becomes a parallel power centre with incentives that increasingly diverge from the interests of the wider game.

A sustainable model therefore requires three things. First, legitimacy: UEFA, CONMEBOL, FIFPRO, clubs, leagues and representative member associations must become co-authors rather than opponents. Second, constraints: profit must remain subordinate to player welfare, sporting integrity and competitive balance. Third, transparency: FFE should disclose its finances and executive remuneration to a standard comparable to that expected of a public company, even if its shares remain privately held.

If those conditions are met, FFE could provide the financial architecture for a 50-year expansion of football. If they are not, it could accelerate the already widening fracture between FIFA, clubs, leagues and players. That is why the argument is ultimately not about $4.2 billion. It is about sovereignty.

For a century, FIFA has maintained that football belongs to no one and therefore belongs to everyone, administered through 211 national associations. The FFE proposal starts from a different premise: that football’s most valuable assets require professional capital if they are to compete effectively in an era defined by streaming, technological disruption and the emergence of rival super-leagues. Both propositions can be true.

The NFL and NBA have demonstrated that private capital can coexist with strong sporting institutions and produce extraordinary commercial growth. Cricket’s Indian Premier League has followed a similar trajectory. But those models were built around comparatively strong alignment among owners, players and governing structures. FIFA does not begin from the same position. Its relationships with clubs, leagues and players are already strained. That is why the central verdict is relatively simple: the idea may be right, but the timing and process are wrong.

Football’s commercial assets are arguably under-monetised and excessively centralised. Creating a dedicated vehicle capable of investing, growing and distributing the value of those assets is not inherently reckless. Indeed, some form of structural reform may eventually become inevitable.

The timing, however, could hardly be more difficult. Launching the initiative amid an increasingly bitter battle over the football calendar, after years of accumulated mistrust and without meaningful player and league buy-in, makes it look less like a strategic reform and more like a cash extraction exercise. And the process is perhaps the biggest problem of all. Governance reforms of this magnitude cannot simply be announced. They have to be negotiated.

FIFA therefore faces a choice. It can force the proposal through by relying on support from CAF, AFC and CONCACAF, potentially using the promise of $20 million per association as the decisive incentive. That may win the immediate vote but lose the broader war. UEFA and powerful clubs and leagues could respond by accelerating alternative competitions and commercial structures of their own.

Or FIFA can pause and co-design the model. It could withdraw the current proposal, bring UEFA, FIFPRO, the ECA, leagues and a representative group of member associations into the process, negotiate the shareholder agreement and embed the necessary governance protections before returning with a structure that has been collectively designed. That approach would be slower. It would also have a far greater chance of becoming sustainable. Football’s future does not need more money alone. It needs more trust. FFE could provide both. But only if FIFA is prepared to share power in order to share revenue.

The ball is now in Zurich’s court, and ultimately in the hands of 211 member associations. They must decide whether the immediate attraction of the cash is worth the long-term consequences, and whether the objective is simply to monetise the game or to build a financial structure capable of protecting it for the next generation.

The real question is no longer whether FIFA can sell part of football’s future. It is whether it can do so without losing the trust of those who believe that future belongs to all of them.

-Kachi Okezie, Esq is a sports lawyer, chartered mediator and consultant.

The views expressed by contributors are strictly personal and not of Law & Society Magazine.

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Yakubu Philemon elected NBA Abuja (Unity Bar) Chairman, defeats Tony Idoko in keenly contested poll

The Nigerian Bar Association (NBA), Abuja Branch, popularly known as the Unity Bar, has elected Yakubu Philemon as its new Chairman after securing a decisive victory in the branch election held on Friday.

Philemon polled 251 votes to defeat his closest challenger, Tony Idoko, who garnered 122 votes, earning a clear mandate to lead one of the country’s largest and most influential branches of the NBA.

The election brings to a close month of anticipation following the postponement of the original electoral timetable, with the branch’s Caretaker Committee insisting on resolving concerns surrounding the process before conducting a fresh poll. The election eventually held through a manual secret ballot at the Ceremonial Court of the High Court of the Federal Capital Territory, Maitama, with nearly 500 eligible members earlier cleared to participate.

The outcome signals a transition in the leadership of the Unity Bar, a branch that occupies a strategic place within the Nigerian Bar Association because of its location in the nation’s capital and its active involvement in national legal discourse, judicial reforms, public interest litigation and continuing legal education.

Philemon succeeds the outgoing administration led by Steve O. Emelieze, under whom the branch continued its advocacy on rule of law, human rights and professional development.

The Chairman-elect is expected to preside over a branch that includes thousands of legal practitioners drawn from private practice, government institutions, corporate organisations and the judiciary, while addressing issues affecting members’ welfare, legal practice and the administration of justice in the Federal Capital Territory.

The election was widely viewed as an important test of the Unity Bar’s commitment to restoring confidence after earlier disagreements that resulted in the postponement of the polls and the appointment of a caretaker committee to oversee a credible transition.

Profile: Yakubu Philemon

Yakubu Philemon is a respected legal practitioner and Senior Advocate of Nigeria (SAN) with years of experience in advocacy, litigation and legal advisory practice.

Called to the bar in 2005, he practiced in various private firms before establishing his own practice and was conferred with the rank of Senior Advocate of Nigeria in 2023.

He has built a reputation within the legal profession for his active participation in Bar activities and commitment to strengthening professional standards. Earlier this year, he was appointed Legal Trustee and Patron of the Democratic Youth Assembly of Nigeria (DYAN) in recognition of what the organisation described as his contributions to the rule of law, democratic governance and justice.

As Chairman of the NBA Abuja Branch, Philemon is expected to lead the Unity Bar at a time when lawyers are increasingly engaged in debates on judicial independence, constitutional governance, legal profession reforms and the welfare of practitioners.

His victory is expected to usher in a new administration charged with consolidating the branch’s role as a leading voice within the Nigerian Bar Association while promoting unity, professional excellence and meaningful engagement on issues affecting the justice sector.

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One Act, Two Versions, And Now No Appeal: The Supreme Court’s judgment in Mene-Ejegi v NBA

By Eyimofe Atake, SAN

I have read the Certified True Copy (CTC) of a judgment that settles, with finality, a question that has divided our profession for over a decade, and in settling it opens a gap that only the National Assembly can now close. The case is Ben Mene-Ejegi Esq v Nigerian Bar Association (NBA) & Legal Practitioners Disciplinary Committee (LPDC), SC/481/2018, delivered on 26 June 2026 by a full court of seven, judgment delivered by Mohammed Baba Idris JSC. The judgment itself records that it was prompted by the debate which followed Osuji v LPDC (2025) 17 NWLR (Pt. 2014) 317, a debate the Court acknowledges engaged the NBA, the Body of Senior Advocates of Nigeria and the Body of Benchers. To understand what the Court has done, one must first understand the confusion it has ended.

One Act, several printings.

There has only ever been one Legal Practitioners Act (LPA), but at different times the statute book has carried different versions of it, and the versions disagreed on a single question: where does a lawyer appeal when the LPDC sanctions him? As the history was traced without contradiction before the Court, the original 1962 Act sent appeals straight to the Supreme Court. The 1975 Act, which re-enacted it, inserted a middle step: the sanctioned lawyer appealed first to an Appeal Committee of the Body of Benchers, and from there to the Supreme Court. Then came the third version: the Legal Practitioners (Amendment) Decree No. 21 of 1994 rebuilt the LPDC as a committee of the Body of Benchers, abolished the Appeal Committee outright, and wrote the words “Supreme Court” into what became section 12(7), restoring the short ladder: LPDC straight to the Supreme Court.

Then came the blunder. The compilers of the Laws of the Federation of Nigeria (LFN) 2004 reproduced the old 1975 version and left the 1994 amendment out by mistake, resurrecting on paper an Appeal Committee the law had abolished ten years earlier. From that moment two versions of one Act sat side by side. In 2014 the then Attorney General of the Federation, Mohammed Bello Adoke SAN, corrected the record: he directed the Federal Government Printer, under section 22(1) of the Interpretation Act, to reprint the Act as a supplement to the LFN 2004 incorporating the 1994 Decree, his foreword recording that the Decree had never been repealed but was inadvertently omitted. Note the roles carefully: the legislature made the amendment in 1994; the compilers shelved the wrong version in 2004; the Attorney General reshelved the right one in 2014. He corrected the record; he did not, and could not, change the law.

Two schools of thought, each with the Supreme Court behind it.

The courts split along the two versions. One stream followed the Act as amended and heard direct appeals: Okike v LPDC (No. 1) (2005) 3 to 4 SC 49; Nwalutu v NBA (2019) LPELR-46916(SC); (2019) 8 NWLR (Pt. 1673) 174; Kalejaiye v LPDC (2019) 8 NWLR (Pt. 1674) 365; and Gbenoba v LPDC (2021) LPELR-53064(SC).

Another stream followed the 2004 volumes and struck direct appeals out, insisting they go through the Appeal Committee: Aladejobi v NBA (2013) 15 NWLR (Pt. 1376) 66; Akintokun v LPDC (2014) 13 NWLR (Pt. 1423) 1; and Osuji v LPDC (2025) 17 NWLR (Pt. 2014) 317. The cruelty of the second stream was that it sent lawyers to a committee which, under the Act as amended, no longer existed, and which was in any event never constituted. Both schools of thought in the profession held judgments of the Supreme Court in their hands. Both were entitled to their confidence.

What Mene-Ejegi decided.

Faced with a 2018 direct appeal against a striking off, the Court, by a letter of 8 April 2026, invited all counsel to address one question: does the Supreme Court have jurisdiction to hear an appeal from a direction of the LPDC? All three counsel, for the appellant, the NBA and the LPDC alike, argued that it does. The Court disagreed with all of them, and its reasoning did two things in an order that matters.

First, it settled the battle of the versions: the Court proceeded on the Act as amended by the Legal Practitioners (Amendment) Decree No. 21 of 1994, the version reprinted into the statute book on the direction of Attorney General Adoke SAN in 2014, as the true Act, with the LPDC sitting under section 11 as a standing committee of the Body of Benchers and section 12(7) as its appeal provision.

Secondly, having accepted that version, the Court struck its appeal provision down (section 12(7)). The Supreme Court is created by the Constitution and can exercise only the jurisdiction the Constitution gives it. Section 233 gives it appeals from one source alone, the Court of Appeal. Section 232(2) lets the National Assembly enlarge the Court’s original jurisdiction, but no provision lets anyone enlarge its appellate jurisdiction. Section 240, by contrast, expressly lets the National Assembly send appeals from tribunals to the Court of Appeal. That difference, the Court held, is deliberate: what the Constitution allowed for the Court of Appeal, it withheld from the Supreme Court. Accordingly, section 12(7) of the LPA is inconsistent with sections 233 and 240 and is void to that extent by virtue of section 1(3); Okike v LPDC (No. 1) (2005) 3 to 4 SC 49, which had upheld the direct appeal, is overruled to that extent; the only constitutionally recognised route by which any appeal reaches the Supreme Court is through the Court of Appeal; and the appeal was struck out for want of jurisdiction. The Court also observed that the former requirement that a party flag an invitation to depart from precedent, Order 6 Rule 5(4) of the erstwhile Rules culminating in the Supreme Court Rules 2014, has no equivalent in the Supreme Court Rules 2024: the power to depart inheres in the Court itself as the final judicial authority and awaits no invitation.

What stands, what is void, what does not revive.

The Act as amended stands: the LPDC, its composition, its power to try and sanction practitioners, the whole disciplinary machinery, remains good law. Section 12(7), the appeal to the Supreme Court, is void. And the old Appeal Committee does not revive: it was repealed in 1994, the Court has proceeded on the Act as amended, which repealed it, and even if it returned, its own final rung to the Supreme Court would fall to exactly the same constitutional objection. Each school of thought is thus vindicated in part and overtaken in whole: those who stood on the Act as amended were right about the statute book but have lost the destination it named; those who insisted the direct appeal was incompetent were right about the outcome but have lost the route they prescribed.

The gap, which is now the whole story.

Look at what is left. The direct road to the Supreme Court is void. The committee road was repealed in 1994. The road the Court points to, through the Court of Appeal, does not yet exist, because section 240 requires an Act of the National Assembly to prescribe appeals from tribunals to the Court of Appeal, and no Act presently prescribes an appeal from the LPDC to that Court. The plain result: as of 26 June 2026, a legal practitioner struck off the roll has no statutory right of appeal to anybody, anywhere. The profession that administers the disciplinary systems of others has left its own members with none.

The cure is a single clause. The National Assembly should amend the LPA to provide that an appeal from a direction of the LPDC lies to the Court of Appeal. Section 240 expressly invites exactly that clause. From the Court of Appeal, section 233 carries the matter to the Supreme Court in the ordinary way. One clause repairs the whole structure, reconciles the two versions we have argued over for a decade, and gives the sanctioned practitioner what the Constitution promises everyone else: a hearing and an appeal. The NBA, the Body of Senior Advocates of Nigeria and the Body of Benchers, the very bodies whose debate the Court acknowledged, should jointly sponsor it without delay.

Until that is done.

A practitioner facing the LPDC it would seem at first sight must fight the whole case there, for there is presently no appellate safety net. What remains is the supervisory jurisdiction of the courts over the legality of the proceedings, composition and fair hearing above all, as LPDC v Fawehinmi (1985) 2 NWLR (Pt. 7) 300 established; and the Act’s separate provision allowing a person struck off or suspended to apply for restoration. Any direct appeal now pending at the Supreme Court faces the fate of Mene-Ejegi. The pen now lies with the National Assembly, and the profession should place it in their hands this session.

Eyimofe Atake, SAN, PhD(Cantab)

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The correct, professional and legal form of address in Nigeria for a judge (irrespective of gender) is “My Lord” or “Your Lordship

(A Respectful Reaction to the Article by Eyimofe Atake, SAN)

By Sylvester Udemezue

BACKGROUND:

In a recent article titled “My Lord or My Lady? The Correct Mode of Addressing Female Judges,” Learned Silk, Eyimofe Atake, SAN, argues that female judges ought properly to be addressed as “My Lady” rather than “My Lord.” His central thesis is that insisting on addressing female judges as “My Lord” rests on an outdated legal fiction inherited from a bygone era when women were excluded from the legal profession. He contends that the traditional notion that “all members of the Bar are gentlemen” became obsolete following the enactment of the United Kingdom’s Sex Disqualification (Removal) Act 1919, which opened the legal profession to women.

According to him, while the fiction that all lawyers are “gentlemen” may survive as harmless ceremonial language at Bar dinners, it becomes linguistically inaccurate and conceptually contradictory when relied upon in court to justify addressing a female judge as “My Lord.” He maintains that ordinary English, historical developments in the common law, and modern judicial practice require that female judges be addressed as “My Lady,” just as male judges are addressed as “My Lord.” In essence, the article advocates aligning Nigerian courtroom etiquette with what the author considers the correct and contemporary common-law practice, particularly that of England, where male and female judges are traditionally addressed as “My Lord” and “My Lady” respectively.

MY REACTION:

(1). INTRODUCTION:

Learned Silk Atake’s argument deserves commendation for reopening an important conversation on legal etiquette and courtroom tradition. His article is scholarly, stimulating and well-intentioned. Yet, with the greatest respect, I take a different view on one central proposition: that a female judge should necessarily be addressed as “My Lady” rather than “My Lord.” My respectful position is that, within the Nigerian legal profession and the wider common-law tradition from which our judicial practice derives, the professional and institutional expression applicable to every superior court judge, irrespective of gender, remains “My Lord” or “Your Lordship.” It is a professional designation attached to the judicial office rather than a biological description of the individual occupying that office. This distinction is fundamental.

(2). THE EXPRESSION DESCRIBES THE OFFICE, NOT THE GENDER:

The first point to appreciate is that courtroom forms of address are not ordinary conversational English. They belong to the specialised language of the law. Legal language frequently employs words that possess technical meanings different from their everyday usage. Thus, consideration, issue, execution, service, charge, equity, possession and injunction all carry meanings in law quite different from their ordinary dictionary meanings. The same applies to “My Lord.”
Within the courtroom, the expression is not a declaration that the judge is male. Rather, it is the institutional title by which the judicial office is respectfully addressed. Consequently, referring to a female Justice as “My Lord” does not transform her into a man any more than referring to a female professor as “Professor” transforms her into a man simply because the title historically developed in masculine form. Professional titles often transcend grammatical gender.

Read Also: “My Lord” or “My Lady”? The correct mode of addressing female judges, By Eyimofe Atake, SAN

(3). THE HISTORICAL ORIGIN OF THE EXPRESSION:

The expression has deep roots in the English common-law system from which Nigeria inherited its legal institutions. For centuries, judges of the superior courts in England exercised the judicial authority of the Crown. Because of the exalted constitutional status of those courts, judges were addressed by titles reflecting the dignity of judicial office. Over time, expressions such as “My Lord,” “Your Lordship,” and “Their Lordships” became recognised courtroom forms of address for superior court judges. When women were later appointed to the Bench, English practice adapted by using “My Lady” or “Your Ladyship” for female High Court and appellate judges, while retaining “My Lord” for male judges. Today, the United Kingdom’s official judicial guidance distinguishes between “My Lord” for male judges and “My Lady” for female judges in the senior courts. That, however, is the present English practice.

(4). NIGERIAN COURTROOM PRACTICE HAS DEVELOPED ITS OWN CONVENTION:

The question for Nigeria is entirely different. Nigeria inherited English legal traditions but has never regarded itself as bound to reproduce every subsequent procedural evolution occurring in England. Indeed, many English rules have either been modified or abandoned in Nigeria, while many others have been retained notwithstanding subsequent changes in England. Similarly, our courtroom culture has developed its own settled professional convention. Across virtually every superior court in Nigeria, including the Supreme Court, the Court of Appeal, the Federal High Court, State High Courts and other superior courts of record, both male and female judges are commonly addressed as “My Lord,” “Your Lordship,” or “Their Lordships.” This has remained the accepted courtroom convention for decades. Importantly, no Nigerian statute, constitutional provision, Rule of Court or binding Practice Direction prohibits this usage. Until such a rule is authoritatively altered, long-established professional practice deserves respect.

(5). LEGAL REFORMS OR JUDICIAL ETIQUETTE IN ENGLAND DO NOT AUTOMATICALLY APPLY IN NIGERIA:

It is important to emphasise at this juncture that the mere fact that England has altered its judicial practice does not, without more, automatically effect a corresponding change in Nigeria. Nigeria is a sovereign and independent nation with its own Constitution, legal system and institutions. While our legal system was historically derived from the English common law and certain English statutes and legal principles became applicable in Nigeria through the applicable reception laws, subsequent developments, amendments or changes in English law, judicial practice or professional convention do not automatically become part of Nigerian law or legal practice. Since Nigeria attained constitutional independence, the evolution of Nigerian law has been determined by the Constitution, legislation enacted by the appropriate Nigerian legislative authorities, decisions of Nigerian courts and regulations or practice directions issued by competent Nigerian institutions.

Thus, the fact that England now distinguishes between “My Lord” and “My Lady” as forms of judicial address does not, by itself, alter the long-established professional convention in Nigeria. Indeed, there are numerous rules of law, procedural practices and professional conventions inherited from England which have since been modified or abolished there but continue to operate in Nigeria until they are expressly amended or replaced by the appropriate Nigerian constitutional, legislative, judicial or professional authorities. Accordingly, if the long-established Nigerian convention of addressing judges as “My Lord” or “Your Lordship” is to be altered, such change ought to come through a deliberate and authoritative decision of the competent Nigerian institutions, not merely because England has adopted a different practice.

(6). THE TRADITION THAT “ALL MEMBERS OF THE BAR ARE GENTLEMEN”:

Much has been made of the old saying that “all members of the Bar are gentlemen.” This principle did not originate as an attempt to exclude women. Historically, English legal etiquette regarded every barrister as belonging to a single honourable profession whose members related to one another as equals despite differences in age, rank or status. When women entered the legal profession following the United Kingdom’s Sex Disqualification (Removal) Act 1919, they were admitted into that same professional fraternity. The traditional language of the profession continued to function largely as institutional terminology rather than a literal gender description. Accordingly, the maxim should not be understood today as denying the identity or dignity of female lawyers. Rather, it reflects the historical unity of the Bar as one indivisible profession. Professional terminology often survives social change without losing its technical significance.

(7). PROFESSIONAL USAGE SHOULD PREVAIL OVER LITERAL INTERPRETATION:

One danger in analysing courtroom language through ordinary grammatical rules is that technical legal expressions may be misunderstood. Nobody supposes that calling a corporation a “person” means it is a human being. Likewise, nobody imagines that the “reasonable man” in the law of negligence excludes women. Again, even outside the legal profession, the Holy Bible’s account that “man” was created by God on the sixth day has never been understood to exclude the fact that both man and woman were created on that same day. Legal terminology frequently acquires specialised meanings. Similarly, “My Lord” has, within Nigerian courtroom practice, evolved into an institutional professional title rather than a gender-specific description. That evolution deserves recognition.

(8). RESPECT FOR ESTABLISHED COURTROOM ETIQUETTE:

Courtroom etiquette exists primarily to preserve the dignity, impartiality and authority of the administration of justice. Its purpose is not to elevate judges above society but to maintain decorum within judicial proceedings. Whether one prefers “My Lord,” “My Lady,” “Your Honour,” or simply “Judge” is ultimately less important than ensuring that every mode of address reflects due respect for judicial office. Indeed, several common-law jurisdictions have adopted different approaches. While the United Kingdom retains “My Lord” and “My Lady” for many senior judges, jurisdictions such as Australia, Singapore and many courts in the United States generally prefer “Your Honour” or “Judge.” India has witnessed continuing debate, with courts affirming that respectful alternatives are acceptable while leaving the choice largely to professional practice. These differences demonstrate that forms of address are products of legal culture rather than immutable legal doctrine.

(9). SHOULD NIGERIA CHANGE?

Certainly, the legal profession is free to reconsider its traditions. If the Supreme Court of Nigeria, the National Judicial Council, the Body of Benchers or any other competent regulatory authority, after broad consultation, formally adopts a new and uniform protocol, the profession should faithfully comply. Until then, however, there is wisdom in preserving the settled professional usage that has served the Bench and the Bar for generations. Besides, reforms relating to legal or judicial etiquette should proceed through institutional consensus and due process, not individual preference.

(10). CONCLUSION:

The present discussion is not, and should never become, or be perceived as, a contest between tradition and gender equality. Rather, it is a conversation about professional language, legal history and institutional continuity. My learned friend, Eyimofe Atake, SAN, has rendered a valuable service by stimulating this debate. However, with profound respect, I remain persuaded that, within the Nigerian legal tradition as it presently stands, “My Lord” and “Your Lordship” are professional designations attached to the judicial office itself and may properly be used in addressing every superior court judge, irrespective of gender, unless and until the competent institutions of the Nigerian legal profession prescribe otherwise. There is absolutely nothing legally or professionally wrong with addressing a judge as “My Lord” or “Your Lordship.” The strength of the judiciary has never depended on the particular words used in salutation. Rather, it depends upon the independence, integrity, learning and courage of those who wear the judicial robe. Those enduring virtues deserve our highest respect, irrespective of whatever form of respectful address the law may ultimately choose to preserve.
Respectfully,
Sylvester Udemezue (Udems)
Proctor
The Reality Ministry of Truth, Law and Justice (TRM)
08021365545
[email protected]
(31 July 2026)

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ENDGAME (PART IV): When the Guardians Become Targets | Why Nigeria’s security crisis has become a constitutional emergency

By Law & Society Magazine Investigations

The abduction of a High Court judge from his residence in Kebbi State. A Shari’ah Court judge in Katsina escaping through a courtroom window after armed men reportedly stormed the premises. The kidnapping of a Bayelsa High Court judge only a year earlier. The killing of a senior military intelligence officer in Abuja. Engineers who left for an official assignment in Ebonyi and have not returned nearly five years later. Teachers murdered while trying to protect schoolchildren. Communities emptied by fear.

These are not identical crimes. They occurred in different states, under different circumstances and are being investigated by different authorities. Considered together, however, they reveal something that extends beyond individual criminal cases. Violence is increasingly touching the institutions through which the Nigerian state governs, administers justice and carries out its constitutional responsibilities.

That development deserves closer attention than it has received.

For much of the past decade, public discussion has understandably centred on the operational dimensions of insecurity: troop deployments, intelligence gathering, weapons procurement, border surveillance and the continuing debate over policing structures. Those issues remain important. Yet prolonged insecurity also places constitutional institutions under sustained pressure, often in ways that attract less attention than the attacks themselves.

A judge who cannot travel safely, a courtroom forced into panic, an engineer supervising a public infrastructure project who disappears while carrying out official duties, a military intelligence officer killed within the nation’s capital, teachers afraid to return to classrooms and communities abandoning ancestral homes all point to a broader concern. The question is no longer confined to how violence is contained. It increasingly concerns whether public institutions can perform the functions the Constitution assigns to them without intimidation or disruption.

Section 14(2)(b) of the Constitution declares that the security and welfare of the people shall be the primary purpose of government. The provision is frequently cited in public discourse, yet its practical implications reach beyond political debate. Security is not measured solely by the number of operations conducted or suspects arrested. It is also reflected in whether courts sit without fear, schools remain open, infrastructure projects proceed under lawful supervision, farmers cultivate their land, and citizens move freely without treating ordinary life as an exercise in calculated risk.

Recent events involving members of the judiciary illustrate that concern with unusual clarity. Justice Faruku Hassan Bunza of the Kebbi State High Court was abducted from his residence in July, with his captors reportedly demanding a ransom. Days later, Shari’ah Court Judge Mohammed Muktar reportedly escaped an attempted abduction after armed men entered court premises in Katsina State. In June last year, Bayelsa High Court Judge Justice Ebiyerin Omukoro regained his freedom after spending nearly two weeks in captivity following his abduction in Yenagoa. Each incident has its own factual context, but together they raise difficult questions about the conditions under which justice is expected to function. Judges are expected to decide disputes impartially and without fear. That expectation becomes harder to sustain where those entrusted with administering justice increasingly face the same threats confronting the citizens who appear before them.

The implications extend beyond the judiciary.

Military officers engaged in intelligence gathering, engineers overseeing public projects, humanitarian workers, teachers, healthcare personnel and traditional rulers all occupy positions that enable the state to function. When they become recurring targets of organised violence, the immediate victims are individuals and families. The longer-term consequences are institutional. Projects are delayed or abandoned. Communities lose confidence in public authority. Skilled professionals become reluctant to serve in vulnerable locations. The cost of insecurity begins to accumulate not only in lives lost but in institutions gradually weakened.

Nigeria has experienced moments like this before, although in different forms. During military rule, constitutional lawyers challenged executive decrees that sought to place public power beyond judicial scrutiny. Their work demonstrated that national stability depends not only upon security agencies but also upon institutions willing to insist that the exercise of public authority remains subject to law. That history offers an important reminder today. Security operations and constitutional governance are not competing ideas. They reinforce one another when each functions within its proper sphere.

Around the world, courts have contributed to national resilience not by directing military operations but by strengthening the legal frameworks within which governments discharge their security responsibilities. Judicial decisions have improved policing standards, expanded victims’ rights, required greater institutional accountability and clarified the constitutional obligations of public authorities. The objective has never been to substitute litigation for security operations. It has been to ensure that constitutional guarantees remain meaningful even during periods of prolonged violence.

That conversation has only begun in Nigeria.

The legal profession has traditionally played a defining role whenever the country’s constitutional order has faced serious tests. The struggle against military rule, the defence of judicial independence and the expansion of electoral accountability all bear the imprint of sustained legal advocacy. Organised violence now presents another challenge, although of a different character. It asks whether constitutional mechanisms can contribute more deliberately to strengthening public institutions, protecting victims and reinforcing accountability without intruding into areas reserved for operational decision-making.

Those questions cannot be answered by the courts alone. They require engagement from the organised Bar, universities, civil society organisations, legislators, policy makers and citizens who understand that constitutional democracy depends upon institutions that are both lawful and capable of functioning under pressure.

The Republic’s strength has never rested solely on the courage of those who carry weapons. It also depends upon judges who continue to dispense justice, teachers who return to classrooms, engineers who supervise public works, journalists who document difficult truths and lawyers who insist that constitutional guarantees retain practical meaning even when fear threatens to reduce them to aspiration.

Tomorrow, in the concluding instalment of Endgame, Law & Society Magazine examines a question that has received far less attention than it deserves: whether the legal profession has fully deployed the Constitution as one of the Republic’s most important instruments in the struggle against organised violence.

Read Also: ENDGAME (Part III): Why terror still pays

Read Also: ENDGAME (PART II): When the Constitution Comes Under Fire | Can the rule of law survive a permanent security crisis?

Read Also: WHEN TERROR PAYS|The Endgame: How do you make terror stop paying?

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Lawyer gives INEC seven days to reopen voter registration or face court action

Public interest suit threatens constitutional challenge over closure of Continuous Voter Registration exercise

The Independent National Electoral Commission (INEC) is facing the prospect of fresh litigation over its decision to end the Continuous Voter Registration (CVR) exercise, following a formal pre-action notice demanding that the electoral body immediately reopen the exercise or defend its decision before the Federal High Court.

In a letter dated 28 July 2026 and addressed to the Chairman of INEC, Abuja-based public interest lawyer Maduabuchi O. Idam argued that closing the registration exercise months before the scheduled elections risks disenfranchising thousands of eligible Nigerians who were unable to register because of inadequate access, limited public awareness and logistical constraints.

The legal challenge comes barely weeks after INEC announced that more than 2.43 million Nigerians completed registration during the latest phase of the nationwide CVR exercise, which officially closed on July 24 after an extension from the earlier July 10 deadline. The Commission has since begun the statutory process of cleaning up the register ahead of future elections.

Idam, however, contends that the Commission’s constitutional responsibility extends beyond conducting elections to ensuring that every eligible Nigerian has a genuine and practical opportunity to participate in the democratic process.

“The constitutional duty of INEC is not merely to conduct elections but to ensure that every eligible Nigerian is afforded a fair, reasonable and effective opportunity to participate in the electoral process,” the letter states.

According to him, the right to vote becomes largely theoretical where citizens are unable to complete the first step in the electoral process—registration.

The lawyer argues that the registration exercise suffered from inadequate publicity, particularly in rural communities, while the limited number of registration centres placed many intending voters at a disadvantage.

He maintained that rather than concentrating registration in a few designated offices, INEC should have deployed registration teams to locations where citizens naturally congregate, including markets, schools, motor parks, places of worship and community centres.

The letter also calls for more aggressive voter education through radio, television, newspapers, social media, traditional institutions and religious organisations to improve public awareness of voter registration opportunities.

Idam is demanding that INEC immediately extend the registration exercise, establish additional registration centres nationwide, intensify voter sensitisation campaigns and continue registration until eligible Nigerians have been afforded what he described as a “genuine and effective opportunity” to register.

At the heart of the proposed litigation is a broader constitutional question that has surfaced repeatedly in Nigeria’s electoral history: how far does INEC’s administrative discretion extend when weighed against citizens’ democratic rights?

Although the Constitution empowers the Commission to organise and supervise elections, Nigerian courts have consistently recognised voting as one of the principal mechanisms through which citizens participate in democratic governance. The proposed suit is expected to test whether the management of voter registration can be subjected to judicial review where it is alleged that administrative decisions have the practical effect of excluding otherwise qualified voters.

The lawyer argued that administrative convenience or budgetary limitations cannot justify measures that substantially limit electoral participation.

“Whatever financial, logistical or administrative resources are required to extend the registration exercise should be made available by the Government, as the preservation of democratic participation is a constitutional imperative,” he stated.

The pre-action notice gives the Commission seven days to review its decision and reopen the registration exercise.

Failing that, Idam says he will institute proceedings before the Federal High Court seeking declarations that the closure of the exercise is unconstitutional, together with orders compelling INEC to reopen registration, expand access to registration centres and undertake wider voter sensitisation across the country.

If eventually filed, the case could become one of the first major judicial tests of the balance between INEC’s statutory powers to regulate voter registration and the constitutional expectation that every eligible Nigerian should enjoy a meaningful opportunity to exercise the franchise.

The outcome may ultimately shape not only future voter registration exercises but also the legal standards governing electoral inclusion in Nigeria’s constitutional democracy.

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THE EL-RUFAI FILES (Part I): Where allegation ends and evidence begins

Inside the investigation testing Nigeria’s anti-corruption institutions, constitutional safeguards and the rule of law

By Lillian Okenwa

For more than two decades, Nasir Ahmad El-Rufai has occupied a prominent place in Nigeria’s public life. He has been celebrated as a reformer, criticised as an uncompromising political operator, admired for his intellect and condemned by opponents for his style of governance. Few public officials have inspired such sharply divided opinions.

Now, the former Kaduna State governor finds himself at the centre of one of Nigeria’s most closely watched corruption investigations.

Supporters describe the case as another example of political retaliation against a former ally who has become an outspoken critic of the Federal Government. Those backing the investigation insist that no public office holder, regardless of influence or past service, should be beyond scrutiny where questions arise over the management of public resources.

Neither position answers the only question the law is concerned with: can the allegations be proved?

That answer will emerge neither from political speeches nor media commentary. It will depend on evidence presented in court, challenged by opposing counsel and evaluated by an independent judge according to established legal principles.

The distinction is not merely procedural. It lies at the heart of every criminal prosecution. Allegations may justify an investigation; they do not establish criminal liability. Under Nigeria’s Constitution, every accused person enters the courtroom clothed with the presumption of innocence, and that presumption survives until displaced by proof beyond reasonable doubt.

Those principles are easy to recite. Applying them in politically sensitive cases is far more difficult.

The proceedings against El-Rufai have therefore become more than a dispute involving a former governor. They have evolved into a test of whether Nigeria can pursue accountability without compromising the legal protections designed to shield every citizen from arbitrary prosecution.

From Kaduna to the Courtroom

The present controversy can be traced to the Kaduna State House of Assembly, where lawmakers constituted an ad hoc committee to examine the finances of the previous administration.

After months of hearings and document reviews, the committee presented a report alleging significant financial irregularities during El-Rufai’s eight years in office. Among other recommendations, it urged anti-corruption agencies to investigate former officials connected with the administration over the management of public funds.

The report immediately altered the political landscape in Kaduna. What had largely been public disagreements between the former governor and the succeeding administration now assumed a legal dimension.

Legislative inquiries, however, perform a constitutional oversight function; they do not pronounce criminal guilt. Their findings may expose apparent irregularities, recommend sanctions or invite criminal investigation, but they cannot substitute for judicial proceedings. The Constitution reserves that responsibility for the courts after evidence has been properly tested.

It is important to note this because legislative reports often shape public perception long before criminal proceedings begin. They can influence political debate, but they cannot replace the burden of proof required in a court of law.

The ICPC Steps In

Following the Assembly’s recommendations, the Independent Corrupt Practices and Other Related Offences Commission (ICPC) commenced investigations which later culminated in criminal charges against El-Rufai before the Federal High Court and the Kaduna State High Court.

The Commission alleges, among other things, abuse of office, financial misconduct and offences connected with the handling of public resources during his tenure as governor. According to the Commission, some of the charges relate to payments and benefits allegedly received in excess of amounts authorised by law, alongside other financial transactions now under judicial scrutiny.

El-Rufai has rejected the allegations and maintains that the proceedings are politically motivated.

That denial is neither unusual nor legally insignificant. Criminal proceedings are designed precisely because allegations and denials cannot both determine the outcome. The prosecution must prove its case. The defence is entitled to challenge every piece of evidence placed before the court.

The Burden the Law Imposes

Public corruption cases rarely turn on dramatic revelations.

They are won—or lost—through documents.

Bank records.

Procurement files.

Contract approvals.

Company ownership records.

Asset declarations.

Witness testimony.

Electronic communications.

Financial investigators must establish not only that public money moved, but that it moved unlawfully, identify who benefited, connect each transaction to an accused person and demonstrate that every legal element of the alleged offence has been satisfied.

Where overseas assets are alleged, investigators face an even more demanding task. They must often rely on foreign land registries, banking records, beneficial ownership disclosures and mutual legal assistance arrangements before evidence gathered abroad can be admitted in Nigerian courts.

That process frequently takes months, sometimes years.

Politics and Prosecution

Few corruption investigations involving senior political figures escape accusations of selective prosecution.

Nigeria’s recent history offers numerous examples where supporters viewed investigations as political persecution while critics regarded them as overdue accountability. The names change. The arguments rarely do.

Courts are expected to rise above that contest.

Judges do not decide whether an accused person remains politically influential or unpopular. They determine whether the prosecution has established its case according to law.

That is the standard now confronting both the ICPC and the former Kaduna governor.

A Test Beyond One Man

Whatever verdict eventually emerges, the proceedings have already acquired significance beyond the fortunes of Nasir El-Rufai.

For anti-corruption agencies, the litigation presents an opportunity to demonstrate that investigations involving politically exposed persons can withstand judicial scrutiny.

For the defence, it provides a platform to insist that constitutional safeguards remain meaningful even when allegations generate intense public attention.

For Nigerians, the case presents an enduring question that has shadowed many of the country’s high-profile corruption trials:

Can the justice system hold powerful public officials accountable while remaining faithful to the constitutional principles that protect every accused person?

That question will not be answered by headlines.

It will be answered by evidence.

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“My Lord” or “My Lady”? The correct mode of addressing female judges, By Eyimofe Atake, SAN

My view is straightforward: a female Judge should be addressed as My Lady or Your Ladyship, and a male Judge as My Lord or Your Lordship. That is not a concession to fashion. It is correct usage, good English, and the solution long ago adopted by the English, custodians of the tradition we inherited.

1. Where Did “We Are All Gentlemen at the Bar” Come From?

The contrary school rests on the old saying that there are no ladies at the Bar, that we are all gentlemen; it is, in all likelihood, the true basis on which some female Judges insist on being addressed as My Lord. Trace it to its root and it collapses. 

The root is simple. For some six centuries the English Bar was, by law and not mere habit, an exclusively male institution. The exclusion rested on a medieval treatise, The Mirror of Justices, adopted by Coke and enshrined by Blackstone, which declared that “the law will not suffer women to be attorneys, nor infants nor serfs.” Little more than a century ago, in Bebb v Law Society [1914] 1 Ch 286, the English  Court of Appeal held that a woman was not a “person” within the meaning of section 2 of the Solicitors Act 1843 and so could not be admitted to the profession, although section 48 of the same Act provided that the masculine included the feminine. In such a world, “Gentlemen” was not courtesy but fact. That is the saying’s entire pedigree: it described a  legal reality, never an eternal rule.

That reality died more than a century ago. The Sex Disqualification (Removal) Act 1919 received royal assent on 23 December 1919, providing that no person shall be disqualified by sex or marriage from any civil profession. The very next day, Christmas Eve 1919, Helena Normanton was admitted to the Middle Temple, the first woman in any Inn of Court. Dr Ivy Williams became the first woman called to the English Bar on 10 May 1922, at Inner Temple, and Normanton, called that November, became the first to practise. Nigeria’s first female lawyer, Stella Jane Thomas, followed in 1935; today women form a substantial share of every new call at our Law School. 

From that day to this, the saying has been a fiction. A fiction may be harmless at a Bar dinner, where the toast survives as a fossil of etiquette; it becomes wrong English, and a contradiction in terms, when pressed into service in court to insist that a lady is a gentleman and My Lady must answer to My Lord. Even its defenders cannot locate its origin: searchers report that none exists; it survives on repetition, not authority. And England, whose all male Bar gave birth to the phrase, has abandoned it comprehensively: lady barristers are not addressed as gentlemen, and the English Bench itself now runs from Mrs Justice and Ms Justice through Lady Justice to the Lady Chief Justice. Whatever the history, it is archaic and does not stand the test of reality, for there are now both men and women at the Bar; a tradition whose factual foundation perished in 1919 cannot dictate our grammar today.

2. The English Practice Is Gendered, and Always Has Been

Female High Court Judges in England are addressed as My Lady, a settled usage recorded in the English courts’ practice directions. A male High Court Judge is styled The Honourable Mr Justice; a female High Court Judge is styled The Honourable Mrs Justice or, where she herself so elects, Ms Justice; indeed the official guidance published by the Judiciary of England and Wales at judiciary.uk gives the styles as Mr, Mrs or Ms Justice. The office is one; the style is inflected to the holder, down to her own choice of honorific. That is the tradition properly understood. 

3. The Butler-Sloss Lesson

The point was settled after 1988, when Dame Elizabeth Butler-Sloss became the first woman appointed to the English Court of Appeal. The governing statute, section 2(3) of the Supreme Court Act 1981 (now the Senior  Courts Act 1981), knew only the title Lord Justice of Appeal, so counsel were driven to the contortion “My Lady, Lord Justice Butler-Sloss.” In 1994 the Master of the Rolls, Sir Thomas Bingham, issued a Practice Note, Mode of Address: Dame Elizabeth Butler-Sloss [1994] EW Misc 1, describing that usage as plainly absurd and directing that she be referred to as My Lady, Lady Justice Butler-Sloss; Parliament later amended the statute by the Courts Act 2003 to make Lady Justice the formal title. Mark the direction of travel: the English did not force the woman into the masculine title in the name of the unity of the office; they reformed the title to fit the holder. The principle has now reached the summit. When Northern Ireland appointed the first woman to head its judiciary in 2021, Dame Siobhan Keegan was sworn in as the Lady Chief Justice; when England and Wales followed in 2023, appointing the first woman in nearly eight hundred years, Dame Sue Carr took her oath as the Lady Chief Justice, the statute’s masculine description notwithstanding. The dignity of the office lost nothing; the dignity of the person gained everything. 

4. Our Own History Points the Same Way

My generation will recall that until the mid 1970s, Nigerian Judges were styled The Honourable Mr Justice. My own father, appointed a Judge of the High  Court of the Mid-Western State in 1967, was styled The Honourable Mr Justice Atake until he retired, and in his day the style carried a weight the present generation may not appreciate: there was then no Court of Appeal in Nigeria, save for the short lived Western Nigeria Court of Appeal in the old Western State. The Court of Appeal was established only in 1976, by the Federal Court of Appeal Act, No. 43 of 1976; before then, as the Court’s own official history records, appeals lay directly from the High Court to the Supreme Court, our final  court from 1963 upon the abolition of appeals to the Privy Council. A High Court Judge of that era therefore stood but one step below the apex of the judicature, and the style matched the station. 

Why did The Honourable Mr Justice give way to today’s neutral The Honourable Justice? No official instrument records the reason, but the timing tells its own story. The style changed within a few years of the elevation of our first female Judge, Hon. Justice Modupe Omo-Eboh, in 1969, and by about 1980 five women already sat on our Bench: Hon. Justice Modupe Omo-Eboh herself, our first; Hon. Justice Dulcie Oguntoye, our second, elevated to the Lagos State Bench in February 1976; and Justices Roseline Omotosho, Atinuke Ige and Aloma Mukhtar, the last of whom, elevated to the Kano State Bench in 1977, would rise to become our first female Chief Justice of Nigeria. The irresistible inference is that the masculine style was retired precisely because women had joined the Bench, and that rather than adopt the English Mrs Justice, we chose neutrality. When the composition of the Bench changed, our language changed with it; the mode of address should do the same.

5. The Pioneers Deserve Accuracy

Since the history is often told inaccurately, permit two precisions of record. The first woman to sit as a full time professional Judge in England was Sybil Campbell, appointed a stipendiary magistrate at Tower Bridge in 1945; the first woman on the English High Court Bench was Dame Elizabeth Lane, in 1965. Our own first, Hon. Justice Modupe Omo-Eboh, called to the Bar at Lincoln’s Inn in 1953, was elevated to the High Court Bench at Benin City on 13 November 1969, in the old Mid-Western State judiciary. Of that I can speak with personal knowledge: she was our next door neighbour in those years. It is no service to these pioneers to address their successors by a masculine style their careers were spent transcending. 

6. My Experience at the Bar

In the Lagos judiciary, female Judges accept, and understand, My Lady and Your Ladyship. Outside Lagos, many female Judges not only decline the style but receive it with something approaching hostility, as though it diminished them. One experience illustrates it. A female Justice once informed me that the Chief Justice of Nigeria at the time had directed that, for recognition and in the interest of gender equality, all Judges, male and female alike, must be addressed as My Lord and Your Lordship, and that I should not address her as My Lady or Your Ladyship. I did not argue; it was her court, and I complied. But, I confess that I felt I was speaking wrong English, and the words sat so heavily in my mouth, My Lord, addressed to a lady plainly presiding before me, that wherever the occasion allowed I took refuge in “this Honourable Court,” which offended neither her Ladyship’s direction nor the English language.

With the greatest respect, that directive makes my case: it sought equality by making the masculine style universal, when true equality lies in giving each holder of the office the style that fits her. My Lady is not a lesser form of My Lord; it is its exact equal, differing only as the person differs. To insist that a woman must be called My Lord is to say that the judicial office can only be imagined in male form. That, and not My Lady, is the truly diminishing position. 

Conclusion

Address the office through the person: My Lord and Your Lordship for a male Judge, My Lady and Your Ladyship for a female Judge. It is correct, courteous and good English, which is exactly why the British adopted it. The saying that we are all gentlemen at the Bar belongs to a world the law itself buried in 1919, by the Sex Disqualification (Removal) Act. Until practice settles uniformly across our jurisdictions, prudence at the Bar remains what it has always been: when in doubt, follow the preference of the Judge before you, for respect for the Bench is the one rule that admits of no exception.

Eyimofe Atake, SAN, PhD (Cantab)

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NBA Crisis: Akinseye-George urges mediation over litigation, says ‘The bar is bigger than us all’

For an association that prides itself as the guardian of the rule of law, few issues have proved as persistently divisive as its own elections.

From disputed electronic voting processes to courtroom battles challenging election outcomes, successive leadership contests have left the Nigerian Bar Association confronting not only questions about its electoral system but also the strain such disputes place on the unity and credibility of the country’s foremost professional body.

Against that backdrop, respected legal scholar and Senior Advocate of Nigeria, Prof. Yemi Akinseye-George, has appealed to aggrieved candidates in the recently concluded NBA presidential election to resist the temptation of litigation and instead embrace mediation, warning that another prolonged legal battle would do little to strengthen the Association.

The Professor of Law urged the Body of Senior Advocates of Nigeria (BOSAN) to intervene as a neutral mediator between presidential candidates Olumuyiwa Akinboro, SAN, Lateef Akangbe, SAN, and President-elect Oyinkansola Badejo-Okusanya, SAN, with a view to reaching an amicable resolution capable of preserving the unity and integrity of the Bar.

Read Also: Two Truths Can Co-Exist’: Kuye’s legacy and Badejo-Okusanya’s historic election can both stand — Odinkalu

“Disputing the NBA election in court will not help the Association in any way,” Akinseye-George said. “The NBA is bigger than us all.”

The Learned Silk in a statement made available to Law & Society Magazine further stated:  

“What are the outcomes of similar suits filed in the past? Litigation will only deepen the disunity amongst us. Let us unite to find solutions to the perennial problem of disputed elections.

“Let the BOSAN mediate between our esteemed Chief Akinboro, brilliant Mr Akangbe and the President-Elect, Oyinkansola Badejo-Okusanya and find an amicable solution to the present debacle. The NBA is bigger than us all.”

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Two Truths Can Co-Exist’: Kuye’s legacy and Badejo-Okusanya’s historic election can both stand — Odinkalu

As the Nigerian Bar Association (NBA) prepares for another chapter in its history with the emergence of Mrs. Oyinkansola Badejo-Okusanya, SAN, debate within legal circles has shifted from the outcome of the election to the language of history itself.

The discussion centres on a question that has generated considerable attention since Badejo-Okusanya’s victory: Should she be described as the NBA’s first elected female president when Chief Mrs. Priscilla Kuye had already become the Association’s first female president more than three decades ago?

For renowned legal scholar and former Chairman of the National Human Rights Commission, Prof. Chidi Odinkalu, the answer lies not in choosing one history over another, but in recognising that both milestones occupy distinct and legitimate places in the evolution of the Bar.

In a statement sighted by Law & Society Magazine, Odinkalu cautioned against turning the conversation into an unnecessary contest between generations of women lawyers, arguing that acknowledging Badejo-Okusanya’s unprecedented electoral victory does not diminish Kuye’s pioneering place in NBA history.

“I would rather avoid discussing the article in Thisdaylaw,” he wrote, explaining that he considered it “impolitic at best to quarrel with a daughter writing about her mum.”

Read Also: Much Ado about ‘First Elected’ Female NBA President, By Onikepo Braithwaite Onikepo

Rather than engaging in personal exchanges, Odinkalu said the debate should be approached from a historical perspective.

“Two truths can often co-exist in history and one does not have to constitute a denial or evisceration of the other,” he stated.

According to him, any discussion must begin with the recognition that women historically faced formidable barriers within the legal profession and the Nigerian Bar Association.

“We start from the premise that women have historically had a tough time at the Nigerian Bar. They have come a long way and we should be happy and grateful to be witnesses to this moment in our history.”

Odinkalu noted that Chief Mrs. Priscilla Kuye remains the undisputed first woman to lead the Nigerian Bar Association, achieving that feat during an era when the profession was overwhelmingly dominated by men.

“Priscilla Kuye is the first woman to be President of the NBA. She achieved that in a season in which the organisation was essentially misogynistic. Nothing can or should detract from her place in the NBA’s pantheon.”

At the same time, he maintained that it is equally accurate to acknowledge that no woman had previously secured the presidency of the Association through a direct election until Badejo-Okusanya’s victory.

“It is also factually accurate that a woman had never succeeded in running to be elected directly as president of the Association until now.

“That is not an effort to reduce the standing of Priscilla Kuye in my view. If anything, it is a statement about the masculinities that have defined the NBA historically.”

Odinkalu argued that presenting Badejo-Okusanya as the first woman directly elected to the office represents a matter of historical framing rather than historical revisionism.

Drawing a distinction between constitutional succession and electoral victory, he recalled that Kuye first won election as First Vice-President of the NBA before assuming the presidency in accordance with the Association’s Constitution after the then President left office to become Attorney-General of the Federation.

“It is not in dispute who the first female President of the NBA is. That is Chief Mrs. Priscilla Kuye.

“She originally ran and won to become First Vice-President, beating out two big beasts in the Association at the time. When the elected President left to become Attorney-General of the Federation, she succeeded to the presidency as the Constitution of the NBA required.”

He continued:

“It is also not in dispute now who the first female President-elect in the history of the NBA is. That is Mrs. Oyinkan Badejo-Okusanya.

“Running and prevailing in a contest for the presidency of the NBA is an attainment in its own right.

“One fact does not dent the other. Two truths can co-exist.”

While expressing disappointment over suggestions that those recognising Badejo-Okusanya’s electoral milestone were engaging in historical revisionism, Odinkalu urged members of the legal profession to approach the moment with greater generosity.

“The suggestion of belly-aching is a tad disappointing and, in my view, ill-advised. It could easily be a lot more graceful and better seasoned.”

He instead described the election as a testament to the progress made by earlier generations of women lawyers, particularly pioneers such as Kuye, whose achievements created pathways for others to follow.

“The generation of Chief Kuye can take both pride in and credit for providing the shoulders on which the current generation of women can stand and advance.

“Rather than belly-ache about this moment, the reality is it could not have been achieved without the foundations they laid.”

For Odinkalu, recognising both milestones is not only historically accurate but also reflects the continuing evolution of gender representation within one of Nigeria’s oldest professional bodies.

“No race makes progress,” he concluded, “by thinking or believing that it has exhausted the boundaries of attainment.”

The intervention comes as lawyers continue to reflect on what Badejo-Okusanya’s election represents for the legal profession. While Kuye’s emergence marked the first time a woman occupied the NBA presidency through constitutional succession, Badejo-Okusanya’s victory represents the first occasion on which a woman has secured the office through a direct vote of members—two milestones that, as Odinkalu argues, together tell the fuller story of the Nigerian Bar Association’s journey towards greater inclusion.

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