Being excerpt from the State Of The Nation Address By the President Of The Nigerian Bar Association, Mr. Yakubu Chonoko Maikyau, OON, SAN.
I cannot end this State of the Nation address without speaking about a matter at the heart of the livelihood of lawyers and millions of their dependents. Yesterday, the Federal Government of Nigeria and the Government of the United Kingdom signed the Enhanced Trade Investment Partnership (ETIP) agreement.
The agreement covers a number of economic sectors, including legal services. The initial statement from the office of the Honourable Minister for Investment, Trade and Industries stated that the agreement will allow lawyers licensed in the United Kingdom to practice in Nigeria. We note the Honourable Minister’s recent comment that this was a statement made in error. Irrespective of the minister’s clarification, we want to state clearly that the NBA’s objection to the agreement persists.
The NBA has been involved in several meetings where the idea of allowing UK-licensed lawyers in our legal space was discussed. We are, therefore, very clear about the intention of the agreement. In all these meetings, we unequivocally said that the state of the Nigerian economy presently does not allow for such an agreement. The government is saddled with the responsibility of creating opportunities not only for its more than 140,000 lawyers currently practising across the country but also for the over 4000 new wigs that are called to the bar yearly.
Only yesterday, the Council of Legal Education approved the result of the last Bar Final Examination with over 4000 lawyers due to be admitted to the Bar in March 2024. It is very sad that while the UK government is creating opportunities for its lawyers outside the United Kingdom, the Government of Nigeria seeks to shrink the legal space for an already burdened legal practice by its action or omission. What efforts has the government of Nigeria made to ensure that Nigerian lawyers have access to the UK legal environment? What is even more tragic is that the agreement was entered into without engaging the NBA on the text of the agreement. This clearly indicates the limited recognition the Government of Nigeria attaches to its professional bodies. We are certain that the UK government will not treat its law society and bar council so despicable. To avoid doubt, let me say clearly that the NBA rejected the agreement in so far as it relates to legal services. We fully intend to seek judicial review of the agreement, including up to the Supreme Court if necessary.
This situation is similar to the African Continental Free Trade Agreement (ACFTA). While we must accept the reality of globalisation and open our borders for transnational trade and exchange of services, this must be done strategically and purposefully without endangering the already exposed and weakened Nigerian market. We therefore request a holistic review of all the agreements under the ETIP and the AfCFTA, particularly in view of the developments in the ECOWAS sub-region.
In addition, we have begun mobilizing our members for a possible nationwide public demonstration in objection to this agreement.