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INTRODUCTION
Hon. Justices M. Shittu
Abubakar and O.O Oguntoyinbo of the Federal High Court sitting in the Abeokuta
Judicial Division, delivered Consent Judgments in the matter between Mr.
Olumide Babalola (a legal practitioner in the state), and the top four
accounting and advisory/consultancy firms in Lagos; Price Waterhouse Coopers
Limited; Ernst & Young Advisory Service Limited; Deloitte & Touche
Consulting Limited; and KPMG Professional Services.
These matters were instituted
individually against the firms with their respective Suit Nos. thus;
FHC/AB/CS/70/2020, FHC/AB/CS/71/2020, FHC/AB/CS/72/2020, FHC/AB/CS/69/2020.
Mr. Babalola in his originating
processes claimed that the four accounting firms were providing legal services
reserved for law firms to their clients. He stated that one of the firms (PWC)
advertised via their official website that they provide legal advisory services
to their clients. In the suit, various reliefs sought from the Court were centered on prohibiting the big four
firms from carrying out services that
infringe on the Rules of Profession Conduct for Legal
Practitioners.
The Court analyzed the Terms of
Settlement agreed upon by all parties, and adopted same as Consent judgments in
the matters. Some of the terms of settlement included the following;
1. That the accounting
firms are not firms of “Legal Practitioners” as defined under section 24 of the
Legal Practitioners Act, Laws of the Federation of Nigeria, 2010 and do not,
and cannot, practise as Legal Practitioners in any form or guise in Nigeria or
offer services reserved by law for Legal Practitioners. For the avoidance
of doubt, the law has reserved the following for legal Practitioners;
i.
Preparation, signing and/or franking of originating Court processes,
pleadings and/or Court related applications or filing any such documents as
Legal Practitioners in Courts for clients in connection with Court proceedings;
ii.
Representation of clients in Courts as their Legal Practitioners;
iii.
Preparation, signing and/or franking of any agreement, contract,
deed, letter or any other document that confers, transfers, limits, charges or
extinguishes any interest in any immovable property; and
iv.
Preparation, signing and/or franking of any document relating to,
or with a view to, the grant of probate or letters of administration.
WHAT CONSTITUTES LEGAL SERVICES
IN NIGERIA UNDER THE RELEVANT LAWS?
As mentioned above in the
consent judgment, legal services would ordinarily entail representation of a
client in Court by a legal practitioner, preparation, signing and/or franking
of Court processes/documents, contracts, deeds, title documents, reports,
memoranda etc.
The relevant laws that regulate
the legal profession in Nigeria are the Legal Practitioners Act CAP L11 LFN
2004, and the Rules of Professional Conduct for Legal Practitioners
(RPC) 2007. These legislations provide the duties legal practitioners owe
to their clients, the Courts and their colleagues in the profession. However, there
is no express provision with regards to what constitutes legal services in
Nigeria, or whether or not these duties amount to legal services in Nigeria.
It is worthy of note therefore,
that a lacuna exists as it pertains to what constitutes legal services in
Nigeria, and who can render such services.
WERE THE ACCOUNTING FIRMS (THE BIG
4) RENDERING LEGAL SERVICES TO CLIENTS IN NIGERIA?
The plaintiff (Mr. Babalola)
claimed that one of the Defendants (PWC) advertised on their official website
that they rendered legal advisory services to clients; this was a clear breach
of Rule 39(2) (b) and 3 (b) of the Rules of Professional Conduct for Legal
Practitioners. It was also contained in the Terms of Settlement
agreed by all parties that the following services are rendered by Legal
Practitioners;
i.
Preparation, signing and/or franking of originating court
processes, pleadings and/or court related applications or filing any such
documents as Legal Practitioners in courts for clients in connection with court
proceedings;
ii.
Representation of clients in courts as their Legal Practitioners;
iii.
Preparation, signing and/or franking of any agreement, contract, deed,
letter or any other document that confers, transfers, limits, charges or
extinguishes any interest in any immovable property; and
iv.
Preparation, signing and/or franking of any document relating to,
or with a view to, the grant of probate or letters of administration.
The parties reached
an agreement (Terms of Settlement) wherein it was stated clearly that the
Defendants do not hold themselves out as rendering legal services. It was also
stated that the Defendants’ personnel who are legal
practitioners by virtue of their professional training do not provide, and do
not hold themselves out as providing, within Nigeria to the clients of the
Defendants any of the services which the law has reserved for Legal
Practitioners, and will not do so unless or until the applicable law in Nigeria
permits same.
COMMENTARY
The
consent judgments delivered by Hon. Justices M. Shittu Abubakar and O.O
Oguntoyinbo of the Federal High Court sitting in Abeokuta do not significantly
cure the lacuna with the current legislations for legal practitioners with
regards to the scope of legal services in Nigeria. The absence of a legal
framework defining what a legal service means, is the intricacy that buoyed the
action in suit under review. This was relatively not cured by the ruling of the
Court, However, it is worthy of note that the interpretations and
pronouncements given by judges in the course of adjudication are laws that are
binding.
“The
pronouncement and interpretations given by judges are what I mean by law”. –
Oliver Wendall Holmes.
We therefore recommend that the
services which legal practitioners provide should be encapsulated in a legislation,
either by amending existing legislation to make broad definition of legal
service, or by enacting a new legislation “Legal services act” which shall
specifically provide the scope of legal services in Nigeria.
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