A lawyer and Convener of the Security Situation Room, Douglas Ogbankwa, has faulted the Economic and Financial Crimes Commission (EFCC) over its reported position that lawyers should not collect professional fees in dollars.
In a statement, Ogbankwa argued that the legal profession is self-regulated and that no government agency has the authority to regulate the practice of law outside the framework established by law and the professional bodies governing legal practitioners.
He described statements issued without statutory and judicial backing as advisories without the force of law, insisting that legal practice must be governed by established legislation and judicial decisions rather than administrative directives.
According to Ogbankwa, the EFCC did not identify any statutory provision empowering it to regulate members of the Nigerian Bar in the manner reportedly contemplated by the agency.
He cited the case of Registered Trustees of the Nigerian Bar Association v. Central Bank of Nigeria & Ors, which he said was decided by the Federal High Court in Abuja following a dispute over the classification of legal practitioners as Designated Non-Financial Institutions under the Money Laundering (Prohibition) Act 2011.
Ogbankwa said the dispute arose after the Central Bank of Nigeria issued Circular No. FPR/CIR/GEN/VOL.1/028 in 2012, which brought legal practitioners within the category of Designated Non-Financial Institutions and imposed certain compliance requirements.
He explained that the requirements included client identification for specified transactions, record keeping, reporting obligations and registration with the Special Control Unit Against Money Laundering, known as SCUML.
According to him, the Nigerian Bar Association challenged the regulatory framework before the Federal High Court, arguing that the provisions could not be applied to legal practitioners in the manner directed by the agencies.
Ogbankwa said the court subsequently granted a perpetual injunction restraining the CBN, EFCC, SCUML and the Federal Government from seeking to regulate lawyers under the provisions in question.
He further maintained that the judgment affirmed the self-regulatory nature of the legal profession under the Legal Practitioners Act and the professional rules governing lawyers.
On the controversy over professional fees denominated in foreign currency, Ogbankwa argued that any directive by the EFCC or another agency purporting to determine how lawyers should collect professional fees would have to be supported by a valid statutory authority.
“Lawyers respect the rule of law and not the rules of men,” he said.
He also stated that the Nigerian Bar Association, under the Rules of Professional Conduct 2023, serves as the self-regulatory body for lawyers in relation to professional and anti-money laundering and counter-terrorist financing compliance.
Ogbankwa consequently described the reported EFCC position on lawyers collecting fees in dollars as, in his view, “null, void and of no effect,” insisting that legal practitioners should be regulated in accordance with applicable laws and the established framework of the legal profession.
The controversy comes amid wider discussions over financial compliance, professional fees and the regulatory responsibilities of government agencies and professional bodies in Nigeria.
