As a sequel to Hon. Justice Obiora Egwuatu’s nullification of the provisions of the Special Control Unit Against Money Laundering (SCUML) Act, 2022 which required lawyers to disclose the financial transactions of their clients to the Economic and Financial Crimes Commission (EFCC) in July, Nigerian commercial banks have started complying with the order.
This is in accord with the verdict of Federal High Court, Abuja which nullified the provisions for lawyers to reveal their clients’ financial transactions to certain law enforcement agencies.
On account of the judgement, commercial banks wrote to customers notifying them they were now exempt from restrictions previously imposed on lawyers by the SCUML.
An August 2024 letter from a commercial bank to its customer reads: “Following the recent judgement in Suit No: FHC/ABJ/CS/25/2023 Abu Arome Vs CBN & 3 Ors, we are pleased to inform you that you no longer need to provide SCUML certificate to operate your account.
“Consequently, the restriction on your account has been lifted and you can now resume transacting seamlessly.
“We appreciate your understanding and look forward to providing you with uninterrupted banking service.”
An Abuja-based lawyer, Arome Abu Esq filed the suit in January 2023, seeking to void aspects of sections 6, 7, 8, 9, 11, and 30 of the Money Laundering Act 2022 as they relate to lawyers.
Abu argued that similar provisions were contained in the 2011 amendment of the Money Laundering Act but were voided after it was challenged by the Nigerian Bar Association (NBA) in 2013.
He further contended that the SCUML provisions established under the Money Laundering (Prevention and Prohibition) Act as it relates to legal practitioners are unconstitutional, null and void.
He added that the inclusion of ‘notaries’ and re-inclusion or re-categorisation of ‘legal practitioners’ in the definition list of designated non-financial businesses and professionals in Section 30 of the Money Laundering (Prevention and Prohibition) Act 2022 is null, void and unconstitutional.
The NigeriaLawyer
