The Chairman of the Nigerian Bar Association (NBA), Anaocha Branch, Dr. Uzoma Charles Dioha, has faulted the Economic and Financial Crimes Commission (EFCC) for warning lawyers against charging clients professional fees in foreign currencies.
EFCC had last week, September 11, called on legal practitioners across the country to desist ffromwhat it described as the illegal and unethical practice of charging clients in foreign currencies.
Dr. Dioha, in a statement on Monday, September 14, said the EFCC had no general statutory power to regulate lawyers’ professional fees, insisting that such authority rests with the Legal Practitioners Remuneration Committee under the Legal Practitioners Act.
He argued that merely agreeing to or receiving professional fees in foreign currency does not automatically constitute an economic or financial crime, stressing that each transaction must be assessed against specific provisions of Nigerian law.
The NBA chairman also warned that the EFCC could not create a criminal offence through a press statement, administrative directive or threat of prosecution, citing Section 36(12) of the 1999 Constitution, which requires criminal offences and penalties to be prescribed by written law.
Dr. Dioha said the Bar supports the EFCC’s fight against money laundering, corruption and other financial crimes, but maintained that investigating criminal conduct was different from regulating lawyers’ fees.
He challenged the commission to identify the specific law that criminalises the charging of legal fees in foreign currency, rather than issuing a blanket threat against legal practitioners.
“The rule of law binds everyone—including those entrusted with enforcing it,” Dr. Dioha said.
