EFCC cautions lawyers against charging in foreign currencies

The Economic and Financial Crimes Commission (EFCC) has warned lawyers not to charge clients in dollars. The commission said there are already two cases of lawyers accused of this practice.

In a statement on Monday by EFCC spokesperson Dele Oyewale, the Acting Zonal Director in Lagos delivered this warning on Friday. He spoke during a meeting with members of the Lagos Task Force on Illegal Practice of Law from the Nigerian Bar Association (NBA).

Mr Kaltungo, who is an assistant commander, emphasized that lawyers who charge clients in foreign currencies could face prosecution. He said, “We have two cases of lawyers who were found to have charged fees in dollars. This is unethical and illegal, as the naira is the country’s legal tender.”

He added, “We usually don’t want to have issues with members of the NBA. However, some lawyers are pushing us. Any lawyer we find culpable of charging clients in foreign currencies will be prosecuted.”

Mr Kaltungo explained that lawyers can decide how much to charge for their services. But they should not involve the EFCC in their client dealings. He mentioned that some lawyers have mentioned the commission’s name while trying to demand high fees from clients.

“Lawyers should stop name-dropping the EFCC to overcharge their clients,” he said. “They have the right to charge their clients as much as they like, but they shouldn’t drag the EFCC into it.”

Professional charges for lawyers are guided by the Legal Practitioners’ Remuneration (for Business, Legal Service and Representation) Order 2023. This order sets minimum fees for various legal services.

The NBA has also encouraged its members to follow this order when setting their professional fees. The head of the NBA task force, Moshood Abiola, mentioned that the association has received many complaints against lawyers for alleged misconduct.

He said the NBA wants to work closely with the EFCC in cases where the misconduct may involve criminal activity. Mr Abiola pointed to the recent prosecution and conviction of a fake lawyer by the EFCC as a good example of the cooperation the NBA seeks.

“We appreciate the EFCC for the recent prosecution of a fake lawyer. It was swift, and we are glad that the EFCC was able to get the court to convict him,” he said. He also noted that the NBA has other cases of lawyers involved in malpractice and wants these cases properly investigated and prosecuted when needed.

Orhieoghene Adewunmi from the EFCC’s Department of Legal and Prosecution called on the NBA to publish the names of lawyers who have been sanctioned for professional misconduct. Ms Adewunmi, who is an assistant commander, said this will help the public know which lawyers have faced discipline.

Henry Anasoh, another official in the department, shared concerns about lawyers allegedly helping suspects delay EFCC investigations. He said the commission has seen cases where lawyers helped suspects create fake documents, including fake medical records, for bail applications.

He also criticized attempts by some lawyers to use fundamental rights suits to prevent the EFCC from investigating or prosecuting their clients. He urged the NBA to assist the commission in dealing with what he called “unscrupulous practitioners.” He noted that the actions of a few lawyers should not tarnish the reputation of the entire profession.