EFCC vs Usoro: Implications For The Nigerian Bar By Gogo Chime

Practicing lawyers should take more than a passing interest in
the ongoing matter between Paul Usoro, Senior Advocate of Nigeria
(SAN) and the Economic and Financial Crimes Commission (EFCC).
Although the case is currently in court and therefore subjudice,
there are several underlying issues regarding the matter that
should not only interest those who have a stake in the legal
profession but should also be of paramount concern to them.

A cursory look at the case immediately throws up four key
issues, namely: Client-Lawyer Privilege, Client-Lawyer Contractual
Relationship, Who Regulates Legal Fees and Criminalization of
Lawyers’ fees. However, it will be beneficial to highlight the EFCC
allegations against Paul Usoro vis-à-vis a succinct contextual
analysis.

EFCC’s allegations against Paul Usoro relate to converting to
personal use, concealing the source of, disguising the origin of
and retaining in his account sums of money to the tune of billions
of naira belonging to the Akwa Ibom State government. EFCC said
Usoro committed the alleged offences in 2015 and in 2016. The
commission also said Usoro was paid with Awka Ibom State’s funds
for legal services he rendered in his personal capacity to Udom,
who was then a governorship candidate but is now a governor.

Essentially, the EFFC allegations are twofold: the first is that
the Commission questioned Usoro in respect of a N300m cash inflow
that came into his company’s Zenith Bank account on 14 March 2016
and the subsequent outflows from the account to various Senior
Counsel between 22-23 March 2016.

The second borders on the EFCC’s wish to know the basis for the
aggregate inflow of N1.1bn, paid in 4 tranches, into Usoro’s Firm’s
Access Bank Account from Akwa Ibom State Government between 24th
August 2015 and 18th September 2016.

Regarding the first allegation, Usoro maintained that the inflow
was payment by Governor Udom Emmanuel in respect of an Election
Petition Appeal that was determined by the Supreme Court and that
he served as the coordination Counsel in respect of the matter and
had engaged various Senior Counsel on Emmanuel’s behalf. He also
noted that the subsequent outflows, which were made through bank
transfers were the professional fees, which he made on Emmanuel’s
behalf to those Counsel based on the N300m inflow. Usoro also
insisted that the lodgment was made at the instance of Governor
Emmanuel (albeit, not necessarily by him).

On the second allegation, Usoro explained that the payments were
made by the Akwa Ibom State government in respect of several
dispute resolution matters that he was handling for the State
Government.

Countering Usoro’s defense, the EFCC has asked for letters of
instructions or a contract document from Akwa Ibom State
Government, asking Usoro’s Law firm to undertake the dispute
resolution matters on behalf of the State Government. The EFCC is
also demanding a scientific basis on which Usoro arrived at his
supposedly hefty fees paid by the Akwa Ibom State Government.

In all of these, the EFCC is accusing Paul Usoro of using his
law firm as a conduit to launder money for politicians. Usoro has,
however, continued to maintain his innocence and should have his
day in court on the 17th of April, 2019.

Without prejudice to the court hearing, it is important to
briefly examine the four issues highlighted in the beginning of the
article and the implications for stakeholders in the legal
profession. The first is Client-Lawyer Privilege. It has judicially
and historically been acknowledged that issue of fees, as between a
lawyer and his client, is a matter of privilege. The recent
decision of the Court of Appeal that was delivered on the 14 June
2017 in Appeal Number, CA/A/202/2015: Central Bank of Nigeria V
Registered Trustees of the Nigerian Bar Association & Attorney
General of the Federation affirmed this position. So, by
questioning lawyers on the legitimate fees that they have earned
from clients, the EFCC is breaching the lawyer-client privilege and
showing complete disregard for the judgments of the Courts in this
regard.

Client-Lawyer Contractual Relationship: The fees that are paid
by a Client to his lawyer is not only a matter of privilege but is
also contractual. As we all know, non-parties to a contract are
complete strangers thereto and lack the locus standi to question
and/or determine the propriety of such contract. The EFCC stands in
that position is this and other matters of this nature; it lacks
the locus standi to question the basis of the fees. Only the
parties to the contract can question the justification for the fees
and in this instance, neither party has raised any such query.
Indeed, neither party reported the matter to the EFCC or invited
the Agency to carry out any investigation thereto.

Who Regulates Legal Fees: There is no provision in Nigeria’s
statute books that constitutes the EFCC into the auditor of legal
fees. When the EFCC arrogates to itself the right to determine the
basis for a lawyer’s fees, it not only intrudes into a
client-lawyer contract, which by its nature is privileged, but also
constitutes itself into an auditor of lawyers’ fees. No such
position has been created in our statute books for the EFCC or any
other agency for that matter.

Criminalization of Lawyers’ Fees: In his address at the Nigerian
Bar Association National Executive Committee (NEC) Meeting held at
the NBA Secretariat in Abuja in December, 2018, Usoro had noted the
case of Chief Mike Ozekhome, SAN, when the EFCC attempted to
forfeit his fees on the pretext that the funds came from illegal
sources. “The allegations of the EFCC against me are not any
different, particularly in regard to the N300 million which was
paid by Governor Udom Emmanuel to my Firm’s account for the benefit
of his Counsel in the Election Petition Appeal.

“If these EFCC incursions are not checked, the Bar and the
practice of our profession are doomed,” Usoro stated.

Indeed, it is critical for lawyers to take a stand and protect
the legal profession.

AGF Revives Treasury Journal

The Accountant-General of the Federation, Mr. Ahmed Idris has
called on the members of the Treasury Journal Finance Committee to
work assiduously to bring innovative ways that will ensure that
funds are available for the production and publication of the 5th
Edition of the Treasury Journal.

Mr. Idris made this call recently in Abuja, while inaugurating a
13-member committee put together by the Accountant-General of the
Federation to secure the sustenance of the publication of the
Treasury Journal.

According to the AGF, “the Treasury Journal is a source of pride
to the Office of the Accountant-General of the Federation, and
represents our determination at showcasing the role of the OAGF in
Government programmes and activities”.

However, he regretted that its funding has not been as expected
as it has largely been through advertisements and other supports
from MDAs which usually affects the production of the Journal as at
when due.

The AGF also charged the Editorial Board of the Journal to
ensure highest standards and quality of inputs and publication of
Treasury Journal.
He therefore expressed his confidence on the committee to deliver
on the task assigned to them by assisting the Editorial Board to
achieve its mandate.

Responding, the Chairman of the Committee, Alhaji Ibrahim
Tumsah, thanked the Accountant –General for the confidence reposed
on them and assured that they will work hard to ensure that
adequate funds are raised to ensure timely realization of the
production of the 5th Edition of the Treasury Journal.

Mr. Henshaw Ogubike
Deputy Director/Head of Press and Public relations (OAGF)