There are various national bodies charged with the responsibility of regulating the legal profession in Nigeria. There are no separate regulatory bodies for each state in Nigeria. These regulatory bodies are the: Body of benchers,Legal Practitioners Disciplinary Committee, Legal Practitioners Privileges Committee, NBA Constitution, General Council of the bar, and Legal Practitioners Remuneration Committee.
The NBA is responsible for ensuring the highest standards of professional conduct, maintaining the integrity and independence of the Bar in its relations with the judiciary, and promoting good relations among members of the NBA.
To this end, the leadership of the Nigerian Bar Association had began steps at repositioning the Bar.
Recall that, President Muhammadu Buhari, had on 12th May, 2022, signed the Money Laundering (Prevention and Prohibition) Act, into law to address the lethal effect of money laundering activities and related crimes in Nigeria and ensure compliance with international anti-money laundering instruments, best practices and standards spearheaded by the Financial Action Task Force.
The Act repealed the Money Laundering (Prohibition) Act, No. 11, 2011 to provide an effective and comprehensive legal and institutional framework, for the prevention, prohibition, detection, prosecution and punishment of money laundering and other related offences in Nigeria. Equally, it established the Special Control Unit Against Money Laundering under the Economic and Financial Crimes Commission with a mandate to, inter alia, register, certify, monitor, and supervise, necessary enforcement actions to ensure compliance and conduct off-site, on-site, and on the spot checks, inspection of designated non-financial businesses and professions for money laundering control and supervision under the Act, relevant laws and applicable regulations.
Before the enactment, the inclusion of legal practitioners in the meaning of the Designated Non-Financial Institution (DNFI) under the repealed Money Laundering (Prohibition) Act, 2011 (the Old Act) was struck down by the court in the case of Central Bank of Nigeria v. Registered Trustees of the Nigerian Bar Association
The Money Laundering Prohibition and Prevention Act employs the appellation: Designated Non-Financial Business and Profession (DNFBP) to replace DNFI used in the old Act and re-includes legal practitioners in its definition.
Following the implementation of the Act, some Legal practitioners’ personal accounts and accounts of some clients under the control of certain law firms have been placed under restrictions.
According to the NBA President Yakubu Maikyau SAN,
“Both the 2022 Act and the regulation made pursuant thereto referred to law firms, legal practitioners, and notaries as DNFBPs. Section 11(4) of the Money Laundering (Prevention and Prohibition) Act, 2022, states that “legal professional privilege and the invocation of client confidentiality shall not apply in connection with the purchase or sale of property; the purchase or sale of any business; the managing of client money, securities or other assets; the opening or management of bank, savings or securities accounts; the creation, operation or management of trusts, companies or similar structures.”
“This provision was intended to circumvent the decision of the Court of Appeal abovementioned. Some of our members and their law firms have unfortunately been subjected to the provisions of this new law and regulations. We received several reports of restrictions on the personal accounts of lawyers and clients’ accounts maintained by law firms, with many law firms either invited to the EFCC or received notices of what the EFCC described as ‘compliance examination visit’.
While the NBA recognises the dangers of money laundering and financial terrorism on the integrity of the legal profession, legal practitioners, the economy, and the nation’s standing in the international community, it is our firm view that the decision of the Court of Appeal in CBN v. Registered Trustees of the NBA & Anor decided on the 2011 Act, remains the position of the law.
We maintained the position, as we still do, that the provisions of the Money Laundering (Prevention and Prohibition) Act, 2022 and the Economic and Financial Crimes Commission (Anti-Money Laundering, Combating the Financing of Terrorism and Countering Proliferation Financing of Weapons of Mass Destruction for Designated Non-Financial Businesses and Professions, and Other Related Matters) Regulations, 2022 do not outstrip nor detract from the decision of the Court of Appeal aforesaid.”
While stating that the NBA will not allow or in any way subscribe to any arrangement that will subject the legal profession to the regulatory control of 3rd parties. Maikyau said the NBA is prepared to launch a fresh litigation on the 2022 Act owing to the actions of the EFCC, NFIU and SCUML which were predicated on some provisions in the Act.
He added “I began to actively engage with the Honourable Attorney General of the Federation and Minister of Justice, the Chairman of the Economic and Financial Crimes Commission (EFCC) and other relevant Regulatory Agencies/Authorities. Following these engagements and our insistence, it was accepted that the NBA will self-regulate its members with regards to Anti Money Laundering and Counter Terrorism Financing Guidelines and to achieve this, a decision was taken to incorporate the relevant guidelines into the Rules of Professional Conduct for Legal Practitioners, which will provide the necessary structure and framework for self-regulation by the NBA.
After several weeks of meetings and in-depth deliberations, the Committee came up with draft Guidelines and Rules on Anti-Money Laundering and Combating Financing of Terrorism for Legal Practitioners. Consequent upon this, a new Rules of Professional Conduct was proposed to the General Council of the Bar (GCB) which contains the extant Rules as Part 1 while the Guidelines and Rules on Anti-Money Laundering and Combating Financing of Terrorism for Legal Practitioners was incorporated as Part 2. The draft was presented, considered, and passed by the GCB on 15 May 2023. Accordingly, the GCB under the hand of the then HAGF and Minister of Justice, issued the Rules of Professional Conduct for Legal Practitioners, 2023, pursuant to Section 12(4) of the Legal Practitioners Act. It is now Gazette No. 103 in Vol. 110, Government Notice No. 69.”
The RPC was last reviewed in 2007, under the hand of Chief Bayo Ojo, SAN as the Honourable Attorney General of the Federation and Minister of Justice.
According to the NBA, The RPC 2023 revoked the existing Rules, with effect from 31 December 2023, while the new RPC 2023 Rules shall come into effect on 1st January 2024 in order to give time for sensitization, advocacy and for the necessary structures to be put in place before the implementation of the Guidelines and Rules on Anti-Money Laundering and Combating Financing of Terrorism.