By Emem Idio, Yenagoa

The President of the Nigerian Bar Association, NBA, Yakubu Chonoko Maikyau, OON, SAN, has been faulted over his opposition to the UK-Nigeria Enhanced Trade Investment Partnership,(ETIP, Agreement as it relates to the practice of law in the country.

Recall that the NBA President in his reaction to the agreement which was widely publicised on February 15th, had frowned at the agreement, expressing concern over its implications for the legal profession in Nigeria.

Maikyau was reportedly quoted as saying: “We want to make it very clear that the ETIP agreement, in so far as it relates to legal services is unacceptable in its entirety. The NBA will take all necessary measures provided by our laws in support of our position on this matter. We intend to fully challenge the legality of this agreement all the way to the Supreme Court if necessary.”

Reacting to the opposition of the NBA President, a practising solicitor in England & Wales, Olubi Adejobi, allayed the fears entertained by the NBA President, emphasizing that the move will be highly beneficial to practising lawyers of both Nigeria and United Kingdom.

In a letter dated 19th February 2024, and addressed to the NBA President, Adejobi stressed that currently, many Common-wealth Common Law English Speaking Jurisdictions, including Canada, Ghana and South Africa have ease of access arrangements allowing overseas qualified lawyers into their jurisdiction, and wondered why a country such as Nigeria would not tow such path.

He argued that should the agreement begin to see the light of day, Nigerians will witness much shorter time frames for dispute resolution and adjudication, as well as witness an end to spurious delay-tactic appeals and preliminary objections, and also, an end to the “go to court syndrome.”

The letter reads: “I write in response to your widely circulated letter of the above date, critical of ETIP’s apparent attempt to grant mutual professional ease of access to lawyers in both jurisdictions.

“You are opposed to any mutual professional ease of access arrangements. My view is that mutual professional ease of access arrangements is a tide that, ultimately, lifts all the boats in each jurisdiction, particularly in the Nigeria jurisdiction.

“On Economic Grounds, your assertion that “Nigeria is attempting to deprive Nigerian lawyers and millions of dependents of means of livelihoods” is simply untrue. Empirical evidence shows that the reverse would be the case.”

He noted that as a member of the British Nigeria Law Forum (BNLF), he liaised between The Law Society and Mr. Jegede (then head of Nigeria Law School, Lagos), where critical discussions led to the extension of the Qualified Lawyers Transfer Test (QLTT) Program to Nigerian Lawyers, which has now seen Nigerian lawyers with 2 years or more practising experience have an easier access route to practice in the UK.

“Improved access is in the wider business and public interest. Nigeria and Nigerians wish to see, much shorter time frames for dispute resolution and adjudication, an end to spurious delay-tactic appeals and preliminary objections, and an end to the “go to court syndrome,” he said.

He added that easier access arrangements will lift the economic livelihood of hundreds (if not thousands) of Nigeria lawyers and improve professionalism all around, and that junior lawyers in Nigeria who are poorly paid will also benefit immensely from the arrangement.

The letter quoted Adejobi as saying that over the years, countries that know the value and positive impact of easier access arrangements on the economic, employment and career opportunities of their professionals, without compromising the integrity of their legal jurisdictions, have long embraced it.

The well-traveled and enlightened legal practitioner urged the Nigerian Bar Association President, not to kick against the UK-Nigeria Enhanced Trade Investment Partnership (ETIP) Agreement, as it’s impact and benefits were enormous, particularly to Nigerian lawyers and Nigeria in general.