UK Lawyers Should No Longer Practice in Nigeria – NBA

The Nigerian Bar Association (NBA) has taken decisive action against an agreement that could potentially allow lawyers licensed in the United Kingdom to practice in Nigeria. 

This comes after the signing of the Enhanced Trade Investment Partnership (ETIP) Agreement earlier this year between Nigerian and British authorities, aiming to boost bilateral trade and collaboration across various sectors, including legal services.

The NBA, represented by the Incorporated Trustees, has filed a lawsuit at the Federal High Court, Abuja, seeking to permanently block the Minister of Industry, Trade & Investment, Doris Nkiruka Uzoka-Anite, from implementing the MOU under the ETIP Agreement. The crux of their argument lies in their assertion that allowing UK lawyers to practice in Nigeria would undermine the interests and livelihoods of Nigerian legal practitioners.

The legal proceedings have been intense, with the court recently adjourning the case to November following a counter affidavit filed by the Ministry challenging the NBA’s claims. The NBA contends that the inclusion of legal services in the ETIP MOU was done without proper consultation with the NBA, which they argue is the authoritative body representing all lawyers called to the Nigerian Bar.

Ayodeji Oni, the NBA’s Secretariat Legal Officer, emphasized in his affidavit that under Nigerian law, only lawyers whose names are on the Roll of the Supreme Court of Nigeria can practice law within the country’s jurisdiction. He further stressed that any authorization for foreign lawyers to practice must be issued by the Chief Justice of Nigeria under limited conditions.

The disagreement underscores broader concerns about the autonomy of Nigeria’s legal profession and the potential implications of international agreements on domestic policies. The NBA has consistently expressed reservations about the ETIP Agreement’s provisions regarding legal services, citing regulatory limitations imposed by Nigeria’s Legal Practitioners Act.

Furthermore, discrepancies between statements from the Nigerian government and their British counterparts have added fuel to the controversy. While the Nigerian Ministry initially indicated that the ETIP Agreement does not permit UK lawyers to practice in Nigeria, statements from the UK government suggest otherwise, claiming the agreement aims to facilitate the practice of foreign and international law in both jurisdictions.

This disparity has raised suspicions among legal experts and the public alike regarding the transparency and equity of the negotiation process surrounding the ETIP Agreement. Many are questioning whether the terms were adequately scrutinized to safeguard Nigeria’s interests, particularly in sectors as sensitive as legal services.

The next court session in November is poised to provide further clarity on this contentious issue, as both sides prepare to present their arguments and evidence before Justice Peter Lifu.