Subject: Compliance with the Rules of Professional Conduct for Legal Practitioners, 2023
WHEREAS the General Council of the Bar made the Rules of Professional Conduct for Legal Practitioners 2023 (RPC), published in the Federal Republic of Nigeria Official Gazette No. 103, Lagos, 6th June 2023, Vol. 110, Government Notice No. 69, and the Nigerian Bar Association Anti-Money Laundering Committee (NBA-AMLC) Appointment and Examination Rules and Protocols 2024, published in the Federal Republic of Nigeria Official Gazette No. 108, Lagos, 26th June 2024, Vol. 111, Government Notice No. 30.
The Rules of Professional Conduct for Legal Practitioners 2023 provide the legal framework for anti-money laundering (AML) and counter-terrorist financing (CFT) measures that apply to lawyers, law firms, and notaries in Nigeria. These rules constitute valid, constitutional, and effective subsidiary legislation.
Pursuant to Rule 73 of the RPC, the National Executive Council (NEC) of the NBA constituted the NBA Anti-Money Laundering Committee (NBAAMLC) to oversee compliance with AML/CFT measures. Following its inauguration, the NBAAMLC proposed and the NEC approved a comprehensive framework to guide legal practitioners.
This framework is documented in the NBAAMLC Appointment and Examination Rules and Protocols, published on 26th June 2024.
Under the RPC, the NBAAMLC is recognised as the self-regulatory body (SRB) responsible for ensuring that the legal profession in Nigeria adheres to AML/CFT regulations. In line with this mandate, the NBAAMLC has developed policies and procedures to identify legal practitioners or classes of practitioners who may be at risk of being used by criminal elements to launder money or finance terrorism.
TAKE NOTICE THEREFORE THAT:
The NBAAMLC, following the risk-based approach provided by the RPC, has initiated a comprehensive risk assessment of the legal profession in Nigeria. The following measures will be implemented to ensure compliance:
- Risk Profiling: The NBAAMLC will assess the risk profile of legal practitioners when evaluating recommendations, issuing letters of good standing, and considering disciplinary matters.
- Supervisory Framework: A supervisory framework has been established to ensure that accurate and current information on beneficial ownership is maintained by legal practitioners and law firms.
- Compliance Obligations: The NBAAMLC requires legal practitioners to comply with the following obligations:
- Perform risk assessments at the firm, client, and transactional levels.
- Conduct appropriate risk-based client due diligence (CDD).
- Implement internal controls and report suspicious transactions.
- Complete continuing legal education on AML/CFT topics.
- Document all AML-related decisions and processes.
- Ensure confidentiality and adhere to all legal requirements when reporting suspicious transactions.
TAKE FURTHER NOTICE THAT:
Any lawyer who fails to comply with the provisions of Chapter 2 of the RPC or neglects to perform any of the duties outlined under this chapter commits professional misconduct. Such lawyers will be subject to disciplinary action under the Legal Practitioners Act.
The NBAAMLC is empowered to recommend disciplinary proceedings or other legal measures against any practitioner found in breach of these provisions. It is the duty of every lawyer to report any violations of the RPC to the appropriate authorities for necessary action.
Finally, all lawyers are reminded of their obligation to comply with the anti-money laundering and counter-terrorism financing (AML/CFT) measures approved by the NBA in the course of their professional duties and to submit to the supervision of the NBA-AML Committee in accordance with the Rules of Professional Conduct, 2023.
To assist legal practitioners, the NBAAMLC will provide resources, including training programs and guidance documents, to support compliance efforts. Legal practitioners are encouraged to visit the NBA portal for updates and resources on AML/CFT requirements.
By ensuring compliance, we collectively uphold the integrity of our profession, safeguard the reputation of the legal community, and contribute to the national security of Nigeria.
Signed:
Mazi Afam Osigwe, SAN,
President
Dr. Mobolaji Ojibara
General Secretary
