Ibadan NBA To EFCC: Lawyers Not Required To Probe Source Of Legal Fees
The Nigerian Bar Association (NBA), Ibadan branch, has asserted that lawyers are not obligated to investigate the source of legal fees paid by their clients.
This response comes after Ola Olukoyede, Chairman of the Economic and Financial Crimes Commission (EFCC), stated at the 64th annual general conference of the NBA in Lagos that legal practitioners must exercise due diligence in their dealings with clients to avoid violating the Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) regulations. Olukoyede emphasized the importance of ensuring that payments to lawyers come from legitimate sources.
However, in a statement issued on Thursday, Ibrahim Lawal, Chairman of the NBA Ibadan branch, pointed out that judicial precedents clearly state that lawyers are not required to investigate the source of the fees they receive. Lawal referenced a ruling by the Supreme Court in the case F.R.N v. Ozekhome (2021) NWLR (Pt. 1782) 448, which affirms that a legal practitioner is entitled to their fees for services rendered, and such fees should not be labeled as proceeds of crime. The court further clarified that lawyers are not required by law to inquire into the origin of funds used to pay their fees.
Lawal emphasized that as a member of the NBA, the EFCC chairman is bound to uphold the principles of the legal profession and respect the judicial process. He cautioned against any actions that might contravene established legal standards.
“The NBA, Ibadan Branch, intends to vigorously engage any public officer who seeks to act in violation of the law,” Lawal stated, reinforcing the branch’s commitment to defending the legal rights and responsibilities of its members.
