Legal services provisions in the new UK-Nigeria trade partnership have been criticised by the head of the Nigerian Bar Association (NBA), who threatened to fight the agreement “all the way to the Supreme Court”.
The Enhanced Trade and Investment Partnership (ETIP), signed between the UK and Nigeria earlier this week, included a section on boosting the legal service industry in both countries.
“It will see the UK and Nigeria’s shared aspiration to facilitate each other’s lawyers practising foreign and international law in each other’s jurisdictions,” the Department for Business and Trade (DBT) said in the initial announcement.
‘Legal challenge’
But the head of the NBA criticised the agreement shortly after it was announced, taking exception to part of the announcement that would have potentially allowed UK lawyers to practice in Nigeria.
“We intend to fully challenge the legality of this agreement all the way to the Supreme Court if necessary,” said NBA president Yakubu Chonoko Maikyau, adding that this was “without prejudice” to other measures his association might take.
“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 UK on legal services.”
Row back
In response, Nigerian trade minister, Doris Uzoka-Anite, appeared to row back on the initial announcement.
In a statement on twitter, Uzoka-Anite said: “Earlier today, Nigeria signed a far-reaching MOU with the UK.”
“Regrettably, our earlier report erroneously suggest that Nigeria has signed a memorandum of understanding that allows lawyers licensed in the UK to practise in Nigeria.”
The trade minister added that, while it there was still an “ongoing conversation” about cross-jurisdictional practice between Nigeria and the UK, “we wish to state emphatically that there is no such provision or agreement in the MOU.”
‘Aspirational’ deal
“It is entirely predictable and unsurprising,” Alison Hook, founder of specialist consultancy Hook Tangaz, told the Law Gazette, adding that she didn’t “detect any readiness in the Nigerian profession generally to embrace foreign lawyers yet.”
Law Society of England and Wales president Nick Emmerson said the ETIP did not include any binding provisions on UK qualified lawyers practicing in the UK.
In a statement to the IOE&IT Daily Update, he said:
“Our understanding is that the agreement is aspirational and provides a forum for UK and Nigerian legal stakeholders to pursue a constructive dialogue on areas of mutual interest, including knowledge sharing and supporting one another on international practice of law issues.
“The UK and Nigerian legal communities have long enjoyed strong bilateral relations, which in turn benefit their clients and trade between the two countries. The Law Society works closely with the NBA to enhance these bilateral relations and share best practice.
“We hope to continue our close engagement with the NBA and legal profession both within and outside the ETIP framework.”