The Nigerian Bar Association has condemned the recent
agreement to allow United Kingdom Attorneys to practice in Nigeria.
The NBA President, Yakubu Maikyau (SAN), in an
email to lawyers of the Nigerian Bar Association on Tuesday by 11:34 pm, titled
"The Purported ETIP Agreement on Legal Services between the Government of
Nigeria and the United Kingdom," asserted that the association was not
consulted before such step was taken.
He said, "My attention was drawn to the news-making round on a number of
media platforms on 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 enable cooperation
between the two countries in areas such as financial and legal services. More
bewildering is the stated provision that will 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 was reported to have
expressed delight over what she described as a 'ground-breaking agreement' that
will translate to 'more money' for Nigeria.
"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, at all the meetings he had with
officials of the Law Society of England & Wales and the Bar Council of
England & Wales, he never failed to note the opposition to a bilateral
agreement between the Government of Nigeria and that of the United Kingdom on
legal services.
He posited, "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 emphasised 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 favourably 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 was not on the table.
We know for certain that the British Government will not undermine its own
body of legal professionals in such spectacular fashion as this administration
has done to the NBA in the matter of this agreement. It is truly tragic that
while the government of the UK is seeking opportunities for its own lawyers
beyond its constrained environment, the government of Nigeria is attempting to
deprive Nigerian lawyers and their millions of dependants of a means of
livelihood.
"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."
He declared, "We want to make it very clear that
the ETIP agreement, in so far 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.
"I want to use this opportunity to call on
all members of the NBA to brace up for the struggle ahead. The NBA under my
leadership will not allow any incursion into our legal space."
It was earlier reported in a statement by the UK’s
Department of Business and Trade on Tuesday, the signing of a new deal by the
United Kingdom with Nigeria to boost trade, and investments and unlock new
opportunities in various sectors.
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