The Incorporated Trustees of the Nigerian Bar Association (NBA) have instituted an action against the Honourable Minister of Industry, Trade & Investment, Doris Nkiruka Uzoka-Anite, at the Federal High Court today, May 17, 2024. The case challenges the Memorandum of Understanding (MoU) known as the Enhanced Trade Investment Partnership (ETIP) Agreement, dated February 13, 2024, between Nigeria and the United Kingdom. The NBA’s contention revolves around provisions within the MoU that permit legal services to be provided by individuals not registered with the Supreme Court of Nigeria.
On February 12, 2024, the Honourable Minister tweeted, expressing her delight over the signing of the ETIP Agreement, which she described as groundbreaking. The now-deleted tweet highlighted that the agreement would allow British lawyers to practice in Nigeria, marking a significant milestone in UK-Nigeria relations. She emphasized the agreement’s potential to collaborate with the film and media industry, remove obstacles for UK lawyers practicing international law in Nigeria, and amplify UK legal services exports. The Minister also noted Nigeria’s impressive combined trade value of €8.20 billion, indicating promising prospects for future collaboration and economic growth. This tweet was widely reported by several online news blogs.
The Minister’s tweet sparked considerable debate within the legal community on social media. On February 13, 2024, the NBA President, Mr. Y. C. Maikyau, OON, SAN, issued a formal statement condemning and rejecting the ETIP MoU as it pertains to the provision of legal services in Nigeria. In response to the backlash, the Minister deleted her initial tweet and posted a follow-up, denying any provisions in the MoU that allow UK lawyers to practice in Nigeria.
Mr. Maikyau has been vocal about his opposition to the MoU, as he addressed newsmen in a state of the nation broadcast on the same issue. Despite a series of correspondences between the NBA and the Minister, the NBA President remained unsatisfied with the Minister’s explanations, leading to the current lawsuit.
It is unclear which court will hear the case or when the hearing will take place.
The originating summons was signed by Mr. Stephen Adehi, SAN, the caretaker Chairman of the NBA Section on Public Interest and Development Law (SPIDEL), following a unanimous resolution by the NBA National Executive Council (NEC) in Jos, Plateau State, on February 29, 2024.
Sources at the NBA headquarters confirmed that the NBA-NEC, during an emergency meeting held on April 20, 2024, resolved to constitute a legal team led by the NBA President to challenge the legality of the ETIP Agreement as it relates to legal services and other related issues.
Below is a copy of the originating summons.
NBA-v-Minister-of-Industry-Trade-InvestmentThe Metro Lawyer
