The report from the United Kingdom and the Nigerian government on the new trade agreement show disparity in the area bothering on practise of international law in Nigeria by U.K licensed lawyers.
The Minister of Industry, Trade and Investment Dr. Doris Anitie has stated that contrary to earlier reports on the provisions of the “Enhanced Trade and Investment Partnership (ETIP)” signed with the United Kingdom, lawyers licensed in the United Kingdom are not allowed to practise in Nigeria.
She stated this in a post on her X handle countering reports that the trade agreement with the United Kingdom provided lawyers from the United Kingdom to practise foreign and international law in Nigeria.
- She stated, “Regrettably, our earlier report erroneously suggest that Nigeria has signed a Memorandum of Understanding (MOU) that allows lawyers licensed in the United Kingdom to practise in Nigeria.
- “We wish to state emphatically that there is no such provision or agreement in the MOU. For avoidance of doubt, Nigeria does not have a Mutual Recognition Agreement (MRA) with the United Kingdom and made no commitment, under the MOU or elsewhere, to allow UK-licensed lawyers practise in Nigeria.
- “As it currently stands, foreign licensed lawyers (including those licensed in the U.K.) cannot practice in Nigeria, as categorically stated in the MOU.”
New information
Initial report sourced from the website of the U.K department of Business and Trade, stated that the agreement will remove “barriers preventing UK lawyers from practising international and foreign law in Nigeria, a step that could significantly increase UK legal services exports.”
However, a review of the website today reveals that it has been edited to show that lawyers in both countries could practise international and foreign law in each other’s jurisdiction.
- It stated, “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 – a step which could significantly enhance legal services collaboration and exports.”
The disparity between the statement from the Nigerian Minister and that of the U.K government leaves many with doubts as to the true contents of the ETIP and whether it was properly negotiated to favour Nigeria.
While the Nigeria Minister claims British lawyers will not practise in Nigeria, the U.K government claims lawyers from both countries can equally practise in each other’s jurisdiction.
The statement from the Minister also fails to mention if Nigerian lawyers can equally practice international law in the U.K as reported by the U.K government.
Opposition from the NBA
Reports of the agreement yesterday was heavily criticised by Nigerians especially lawyers. The President of the Nigerian Bar Association (NBA) had opposed the agreement calling it unpatriotic and uninformed noting that the NBA was not consulted during the negotiations.
Backstory
Nairametrics earlier reported the signing of the “Enhanced Trade and Investment Partnership (ETIP)” between the Nigerian Minister of Industry, Trade and Investment Dr. Doris Anitie and her British counterpart Ms. Kemi Badenoch.
The new economic agreement sought to eliminate barriers in trade, finance, legal and the creative industry and enhance business collaboration between both countries.