The Nigerian Bar Association (NBA) has criticized the recent agreement permitting United Kingdom attorneys to practise in Nigeria.
NBA President, Yakubu Maikyau (SAN), in an email to Nigerian Bar Association lawyers titled “The Purported ETIP Agreement on Legal Services between the Government of Nigeria and the United Kingdom”, sent on Tuesday at 11:34 p.m., asserted that the association was not consulted before such a step was taken.
He stated, “My attention was drawn to the news circulating on various media platforms regarding the alleged signing of the Enhanced Trade Investment Partnership Agreement between the governments of Nigeria and the United Kingdom. It was reported that this agreement seeks to facilitate cooperation between the two countries in areas such as financial and legal services. More bewildering is the provision stated to allow lawyers from the United Kingdom to practice in Nigeria. Understandably, this news has generated tremendous disquiet within and outside the legal profession in Nigeria.”
“The Minister of Industry, Trade, and Investment’s reported expression of delight over what she described as a ‘ground-breaking agreement’ that promises ‘increased financial benefits’ for Nigeria,” Maikyau observed.
“The NBA finds this statement credited to the Honourable Minister ridiculous, unpatriotic, and uninformed. It is indeed unfortunate that this tragic reminder of our colonial past is being gleefully celebrated at the highest level of the Government of Nigeria. What is more disheartening is the fact that a decision of this magnitude that adversely affects the wellbeing and livelihood of millions of Nigerians could be taken without any consultation, especially with the Nigerian Bar Association.”
According to him, in all his meetings with officials of the Law Society of England & Wales and the Bar Council of England & Wales, he consistently emphasized the opposition to a bilateral agreement between the Government of Nigeria and that of the United Kingdom on legal services.
He emphasized, “For the avoidance of doubt, the NBA had no foreknowledge or inclination of the text of the said agreement. We could not therefore have contributed to it. I have since assuming office as President of the NBA clearly opposed any agreement that will compromise our legal space. At all the meetings I had with officials of the Law Society of England & Wales and the Bar Council of England & Wales, I never failed to note our opposition to a bilateral agreement between the Government of Nigeria and that of the United Kingdom on legal services. In the workshop I attended with Mr George Etomi on 5 October 2023, convened by the UK-Nigeria Working Group on Trade Policy, with officials of the Federal Ministry of Industry, Trade and Investment in attendance, at the Foreign, Commonwealth and Development Office (FCDO), King Charles Street, London, I made the point in unmistakable terms, that the NBA does not support any bilateral agreement with the UK on legal services. I emphasized that we are not yet at a place for such an agreement and that even if are to enjoy reciprocity with the UK (which is not an acceptable position), the knowledge and skills gap is so wide that we cannot favorably compete with the lawyers from the UK. I made it clear that while there can be an agreement or discussion on other trade matters, legal services were not on the table.”
“To embark on such a venture without recourse to the NBA is the height of insensitivity to the plight of the legal profession in Nigeria, and this is totally unacceptable.”
Maikyau asserted that concerning legal services, the agreement was entirely unacceptable.
He declared, “We want to make it very clear that the ETIP agreement, insofar as it relates to legal services, is unacceptable in its entirety.”
“The NBA will take all necessary measures provided by our laws in support of our position on this matter. As a starting point, I have today convened a meeting of senior lawyers with a view to devising an appropriate litigation strategy. We intend to fully challenge the legality of this agreement all the way to the Supreme Court if necessary. This is without prejudice to other intervention measures that may be necessary to express our rejection of this agreement.
It was earlier reported in a statement by the UK’s Department of Business and Trade on Tuesday, announcing the signing of a new deal between the United Kingdom and Nigeria to enhance trade, investments, and unlock new opportunities across various sectors.
The new deal is also expected to eliminate barriers in the legal services and film industry by permitting Nigerian lawyers to practice international law in Britain and vice versa. Additionally, it aims to foster collaboration between the film and media industry in both countries.
The statement further outlined, “It will see Nigeria commit to working towards removing barriers preventing UK lawyers from practicing international and foreign law in Nigeria, a step that could significantly increase UK legal services exports.”