OPEN EPISTLE TO NBA PRESIDENT, Y. C. MAIKYAU, SAN: A CALL ON NBA TO REVISIT THE 2015 COURT OF APPEAL JUDGEMENT ON SCUML REGISTRATION




The President 
Nigerian Bar Association 
Abuja. 

Dear President, 

OPEN EPISTLE TO NBA PRESIDENT, Y. C. MAIKYAU, SAN: A CALL ON NBA TO REVISIT THE 2015 COURT OF APPEAL JUDGEMENT ON SCUML REGISTRATION

My learned silk, a very warmest compliment of the season sir. 
Most humbly sir, it is no longer news that the new law, MONEY LAUNDERING (PREVENTION AND PROHIBITION) ACT, 2022, has listed law firms as one of the non-financial institutions that must register with Special Control Unit against Money Laundering. 

With respect sir, as you are already aware, the argument on whether or not a law firm requires SCUML certificate was settled in 2015 when the Court of Appeal ruled that "law firms are excluded from providing SCUML certificate in the course of their operations in order to comply with the rule of confidentiality for legal practitioners". (See Registered Trustees of Nigerian Bar Association V. AGF & CBN (Suit No: FHC/BS/173/2014) and; CBN V. NBA & AGF (Appeal No: CA/A/202/2015)). 

However, a perusal of Section 30 of Money Laundering Act 2022 designates non-financial institutions to include law firms. It is apt to make, forthwith, a special reference to Section 11(4) of the Act which provides thus:

"Legal professional privilege and the invocation of client confidentiality shall not apply in connection with;

the purchase or sale of property ;

the purchase or sale of any business ;

the managing of client money, securities or other assets ;

the opening or management of bank, savings or securities accounts ;

the creation, operation or management of trusts, companies or similar structures ; or

anything produced in furtherance of any unlawful act."

Consequently, most banks will request that lawyers obtain a proof of registration with Special Control Unit Against Money Laundering (SCUML) before a law firm can open a corporate account, hence a monitoring access for antigraft agencies. 

Respectfully sir, this is absolutely wrong, untoward, witchhunting, overreaching, and apparently illegal. The lawyer-client confidentiality is well guaranteed and protected by the law. This is well-lettered and engraved in sections of 192 and 195 of Evidence Act, Rule 19(1) of the Rules of Professional Conduct for Legal Practitioners 2007. See CBN V. NBA & AGF (Appeal No: CA/A/202/2015) (supra). 
Thus, Special Control Unit Against Money Laundering (SCUML) Certificate and demand of proof of same by banks, including antigraft agencies, are a journey in futility and abysmal failure of these antigraft agencies to appreciate the intendment of the law to protect and preserve the sanctity and sanity of lawyer-client confidentiality. 

Thus, I most respectfully urge my NBA President, the learned silk, Y. C. MAIKYAU and Nigerian Bar Association(NBA) to approach the court once again to set aside the said provisions of Money Laundering Act 2022 and reaffirm its 2015 decision, hence excluding law firms from SCUML registration. 

Longlive NBA! 

Best regards sir
.................
Meti M. Ukpeh, Esq. 
(metiukpeh8899@gmail.com) 


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