Abacha Loot: NBA Abuja Chair, Folarin Writes AGF, Malami, Says Only Lawyers Whose Names Are On The Roll Can Give Legal Advisory On Compliance With Anti-Corruption And Human Trafficking Laws

The Nigerian Bar Association (NBA), Abuja (Unity) Chairman, Folarin Aluko has written to the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN in respect of the advertisement on page 13 of the Daily Punch of Wednesday, March 4, 2020, calling for legal advisory from Civil Society Organizations Legal Advisory on compliance with anti-corruption and human trafficking laws.

In a letter obtained by TheNigeriaLawyer (TNL) titled “RE: FEDERAL MINISTRY OF JUSTICE REQUEST FOR PROPOSAL ON MONITORING OF CERTAIN FORFEITED ASSETS (THE $300 MILLION ABACHA RECOVERIES)”, signed by the Branch Chairman, Folarin Aluko, dated 25th of April, 2020, the Branch said they “have particularly noted the provisions of Paragraph “C” – Specific Assignment – which requires that successful Civil Society Organization/s provide report and advisory on compliance with Nigerian anti-corruption and anti-human trafficking laws.”

Explaining the meaning and implications of the content of the advertisement, NBA Abuja said: “this specific activity involves the review of the extant Nigerian Anti-Corruption and Anti-Human Trafficking Laws; an application and analysis of the relevant laws to the situation on ground regarding the identified projects and the provision of a report in that behalf. This constitutes legal practice within the contemplation of section 2(1) of the Legal Practitioners Act.”

Consequently, the Association drew the attention of the AGF to the fact that “only a person who is admitted as a solicitor and advocate of the Supreme Court of Nigeria, whose name is on the roll can provide such service in Nigeria; Consequently a civil society not being a person whose name is on the roll of legal practitioners in Nigeria and a Foreign Legal practitioner are excluded from the provision of such services.”

“It should be noted that pursuant to section 2(2) of the Legal Practitioners Act, the Chief Justice of Nigerian (CJN) may pursuant to an application in that behalf issue a permit for an appropriate person as an exemption to the law.” the Branch added

Folarin Aluko, therefore, urged the AGF to “kindly ensure that the CSOs and other bidders whether Local or International are informed of the fact that the relevant specific function has to be carried out and certified (Stamped) by a Solicitor and Advocate of the Supreme Court of Nigeria, in good standing evidenced by NBA Stamp and Seal.”