Nigerian Bar Association rejects legal content of trade deal signed with UK yesterday

NIGERIAN Bar Association (NBA) officials have rejected the legal package contained in a recent Anglo-Nigeria trade deal which will allow UK attorneys to practice in the country as part of a plan to reduce commercial barriers between both nations.

Yesterday, Nigeria and the UK signed a new investment deal a that aims to boost bilateral trade and reduce commercial barriers between both nations as Britain seeks to strengthen ties with its former colonies as part of a post-Brexit plan. Kemi Badenoch, the UK's Nigerian-born business and trade secretary, helped seal the agreement, known as an enhanced trade and investment partnership.

Among other things, the deal will see Nigeria work towards removing barriers which currently prevent UK-trained lawyers from practicing international and foreign law in the country. It will also pave the way for further collaboration in film and media and encourage UK education businesses to expand into Nigeria.

However, NBA president, Yakubu Maikyau has rejected the agreement, pointing out that the association was not consulted before such step was taken. In an email sent to his membership, Mr Maikyau disassociated the NBA from the agreement.

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.”

He added that at all the meetings he had geld 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. Mr Maikyau said: “For the avoidance of doubt, the NBA had no foreknowledge or inclination of the text of the said agreement, so 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 George Etomi on October 5 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, 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 we 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."