NBA Asks Court to Permanently Restrain Trade Minister from Allowing UK Lawyers to Practice in Nigeria

The Incorporated Trustees of the Nigerian Bar Association (NBA) have filed a lawsuit in the Federal High Court, Abuja, seeking to permanently restrain the Minister of Industry, Trade & Investment, Doris Nkiruka Uzoka-Anite, from enforcing a Memorandum of Understanding (MoU) that permits UK-licensed lawyers to practice in Nigeria.

The suit, which Nairametrics reviewed on Tuesday, requests “an order of perpetual injunction restraining the defendant (Minister of Trade) from discussing or further discussing and/or implementing the provisions of the Memorandum of Understanding, otherwise known as the Enhanced Trade Investment Partnership (ETIP) Agreement dated 13th February 2024, in so far as it relates to legal practice or services.”

The NBA argues that the MoU concerning ETIP will “prejudice the interests, well-being, and livelihood of legal practitioners in Nigeria.”

NBA’s Case

Nairametrics earlier reported the signing of the “Enhanced Trade and Investment Partnership (ETIP)” between Nigeria’s Minister of Industry, Trade and Investment, Dr. Doris Anitie, and her British counterpart, Ms. Kemi Badenoch. This economic agreement aims to remove barriers in trade, finance, legal, and the creative industry and foster business collaboration between both countries.

However, the NBA strongly opposed the provision that would allow UK lawyers to practice in Nigeria. The Minister later clarified that, contrary to earlier reports, the ETIP agreement does not permit UK-licensed lawyers to practice in Nigeria.

Despite this clarification, an affidavit submitted by Ayodeji Oni, Esq, NBA Secretariat Legal Officer, and Head, Legal Regulatory and Compliance, in suit no FHC/ABJ/CS/668/2024, stated that the MoU sent to the NBA still included “legal services” as one of the items covered by the agreement. Oni testified before Justice Peter Lifu, emphasizing that the NBA, under the leadership of President Yakubu Maikyau (SAN), was not prepared to enter a bilateral agreement with the UK on legal services due to restrictions imposed by the Legal Practitioners’ Act, which regulates legal practice in Nigeria.

Only the Chief Justice Can Authorize Foreign Lawyers

Oni further asserted that legal practitioners not listed on the Roll of the Supreme Court of Nigeria cannot practice law in the country. He explained that UK-licensed legal practitioners could only render legal services in Nigeria if they received a warrant from the Chief Justice of Nigeria. He emphasized that only the Chief Justice has the authority to grant limited practice rights to foreign lawyers in Nigeria.

Oni also pointed out that the MoU on ETIP was signed without consulting the NBA, which represents all lawyers called to the Nigerian Bar. He urged the court to support the NBA’s suit to protect the rights and interests of Nigerian legal practitioners according to existing laws.