NLS cautions EFCC against criminalising lawyers over foreign-currency fees

The Nigerian Law Society (NLS) has urged the Economic and Financial Crimes Commission (EFCC) to exercise restraint and operate strictly within its statutory mandate in dealing with legal practitioners who charge professional fees in foreign currencies.

The society made the call in a press release dated September 15, 2026, signed by its Acting President, Abdulqadir Alhaji Sani.

The NLS was reacting to a statement attributed to the EFCC warning or threatening to prosecute lawyers who charge their clients professional fees in foreign currency.

While acknowledging the EFCC’s responsibility to investigate and prosecute economic and financial crimes, the society stressed that the Commission, like every law-enforcement agency, was bound by the Constitution and the law establishing it.

It argued that the mere fact that a lawyer and a client agreed on professional fees expressed or denominated in a foreign currency did not, without more, constitute an economic or financial crime.

According to the NLS, the regulation of professional fees is principally governed by the Legal Practitioners’ Remuneration (For Business, Legal Service and Representation) Order 2023, made pursuant to the Legal Practitioners Act.

The society also drew attention to Sections 15 and 20 of the Central Bank of Nigeria Act 2007, which recognise the naira as Nigeria’s unit of currency and legal tender.

It noted that although Section 20(5) criminalises refusal to accept the naira as a means of payment, the provision also recognises the power of the Central Bank of Nigeria (CBN) to prescribe circumstances and conditions under which other currencies may be used as a medium of exchange.

The NLS therefore cautioned against interpreting the CBN Act as creating a blanket criminal offence merely because professional fees were expressed, negotiated or agreed in a foreign currency.

It said the legality of each transaction must be determined by examining its nature, the parties involved, the manner of payment, applicable CBN regulations, foreign-exchange laws and the terms of the professional engagement.

EFCC Must Distinguish Crime From Contractual Disputes

The society urged the EFCC to distinguish between genuine economic and financial crimes, regulatory breaches, professional misconduct, contractual disagreements and lawful commercial agreements.

It stressed that these categories were not interchangeable.

The NLS acknowledged that the EFCC had the authority and responsibility to investigate and prosecute lawyers suspected of money laundering, fraud, tax evasion, handling proceeds of unlawful activity or other offences within its jurisdiction.

However, it maintained that the mere denomination of professional fees in US dollars, pounds sterling, euros or another foreign currency could not automatically transform a legal practitioner into an economic or financial criminal.

‘Criminal Liability Must Arise From Law’

The society further warned that criminal liability must be based on clearly defined laws and not administrative pronouncements, press statements or policy preferences.

It called on the EFCC to identify the specific statutory provisions or binding regulations upon which any proposed prosecution of a lawyer solely for charging professional fees in foreign currency would be based.

The NLS also urged the Commission to reconsider broad public statements capable of creating the impression that every foreign-currency professional fee arrangement was inherently criminal.

It called on the CBN and other relevant regulatory authorities to provide clear guidance on when professional fees could lawfully be denominated, invoiced or paid in foreign currency, particularly in transactions involving foreign clients, international commercial dealings and cross-border legal services.

The society reaffirmed its support for the lawful regulation of foreign exchange, enforcement of the Legal Practitioners’ Remuneration Order 2023 and prosecution of persons who genuinely commit economic and financial crimes.

It nevertheless rejected what it described as the blanket criminalisation of lawful professional fee arrangements without a clearly established statutory basis.

The NLS urged all enforcement agencies to respect due process, fair hearing and the rule of law, stressing that Nigeria’s fight against corruption must be strong, evidence-based and conducted within the Constitution.

It also expressed readiness to engage with the EFCC, CBN, Nigerian Bar Association and other stakeholders towards developing a clear and legally sustainable regulatory framework.

FULL RELEASE

15th - 09 - 2026

PRESS RELEASE

NIGERIAN LAW SOCIETY CALLS ON THE EFCC TO ACT STRICTLY WITHIN ITS STATUTORY MANDATE ON STATEMENTS CONCERNING LEGAL FEES CHARGED IN FOREIGN CURRENCY

The Nigerian Law Society (NLS) has noted with considerable concern the statement attributed to the Economic and Financial Crimes Commission (EFCC) warning or threatening to prosecute legal practitioners who charge their clients professional fees in foreign currency.

The Nigerian Law Society recognises and fully supports the legitimate responsibility of the EFCC to investigate and prosecute economic and financial crimes in accordance with the law.

However, every law-enforcement institution, no matter how important its mandate may be, is bound by the Constitution and the limits of the statute establishing it.

The NLS therefore considers it necessary to emphasise that the mere fact that a legal practitioner and a client agree on professional fees expressed or denominated in a foreign currency does not, without more, establish the commission of an economic or financial crime.

The regulation of professional fees of legal practitioners is principally governed by the Legal Practitioners’ Remuneration (For Business, Legal Service and Representation) Order 2023, made pursuant to the Legal Practitioners Act. The Order establishes the framework governing professional remuneration and the circumstances in which legal practitioners may charge and agree on their professional fees.

The NLS is equally mindful of the provisions of the Central Bank of Nigeria Act 2007, particularly sections 15 and 20, concerning the Naira as Nigeria's unit of currency and legal tender. Section 20(5) makes it an offence to refuse to accept the Naira as a means of payment, but it also expressly recognises the power of the Central Bank of Nigeria to prescribe circumstances and conditions under which other currencies may be used as a medium of exchange in Nigeria.

Accordingly, the Nigerian Law Society urges all stakeholders to approach the issue with the necessary legal precision.

The CBN Act should not be construed as creating a blanket criminal offence simply because a professional fee is expressed, negotiated or agreed by reference to a foreign currency. Whether a particular transaction is lawful must depend upon the precise nature of the transaction, the parties involved, the manner of payment, applicable CBN regulations and guidelines, relevant foreign-exchange legislation, the terms of the professional engagement and any applicable exemption.

Indeed, the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act establishes the framework for dealings in foreign exchange and contains specific restrictions concerning particular transactions. The existence of specific statutory restrictions reinforces the elementary principle of criminal jurisprudence that a person should not be criminally prosecuted for conduct which has not been clearly and specifically criminalised by law.

The NLS is therefore concerned that a broad public declaration that lawyers who charge professional fees in foreign currency will be prosecuted may create the erroneous impression that every such arrangement is, in itself, a criminal offence.

That position requires careful reconsideration.

EFCC MUST ACT WITHIN THE LIMITS OF ITS STATUTORY MANDATE

The NLS respectfully reminds the EFCC that its extensive investigative and prosecutorial powers must be exercised strictly within the boundaries of its enabling legislation.

The Commission should distinguish between:
a genuine economic or financial crime; a breach of a regulatory directive; a professional or ethical issue; a contractual disagreement between lawyer and client; and
a lawful commercial agreement between competent parties.

These categories are not interchangeable.

Where a legal practitioner is alleged to have committed an offence involving money laundering, fraud, tax evasion, proceeds of unlawful activity or any other offence within the EFCC's jurisdiction, the Commission is entitled—and indeed obliged—to investigate and, where the evidence establishes a prima facie case, prosecute in accordance with the law.

But the mere denomination of a professional fee in United States Dollars, Pounds Sterling, Euros or another foreign currency cannot, without proof of the other essential ingredients of a recognised criminal offence, automatically transform a lawyer into an economic or financial criminal.

LEGAL PROFESSION MUST NOT BE SUBJECTED TO CRIMINALISATION BY PUBLIC PRONOUNCEMENT

The Nigerian Law Society strongly believes that criminal liability must arise from law and not from administrative pronouncement, press statements or policy preferences.

If there is a statutory prohibition applicable to a particular transaction, the relevant law and regulation should be clearly identified and the facts of each case assessed against the constituent elements of the alleged offence.

Where the issue concerns compliance with professional remuneration rules, the appropriate professional and regulatory mechanisms should equally be considered.

The NLS therefore calls upon the EFCC to exercise restraint in making sweeping statements capable of being interpreted as criminalising an entire category of professional conduct without sufficient legal qualification.

PROTECTION OF THE RULE OF LAW

The Nigerian Law Society remains firmly committed to the rule of law, accountability, financial integrity and the fight against corruption.

At the same time, the fight against corruption must itself be conducted within the law.

No institution should be above the law, and no citizen—including a legal practitioner—should be below the protection of the law.

The NLS consequently calls upon the EFCC to clarify its recent statement and identify, with precision, the specific statutory provision or binding regulation upon which any proposed prosecution of a legal practitioner merely for charging professional fees in foreign currency would be based.

We further urge the EFCC to avoid any interpretation of the CBN Act that goes beyond the language of the Act and applicable regulations made pursuant to lawful statutory authority.

The NLS also calls upon the Central Bank of Nigeria and other relevant regulatory authorities to provide clear and authoritative guidance on the circumstances, if any, in which professional fees may lawfully be denominated, invoiced or paid in foreign currency, particularly in transactions involving foreign clients, international commercial transactions and cross-border legal services.

OUR POSITION

For the avoidance of doubt, the Nigerian Law Society:
supports the lawful regulation of foreign exchange and the protection of the integrity of Nigeria's financial system;
supports the enforcement of the Legal Practitioners' Remuneration Order 2023 and applicable professional rules;
supports the investigation and prosecution of lawyers or any other persons who genuinely commit economic and financial crimes; rejects the blanket criminalisation of lawful professional fee arrangements without a clearly established statutory basis; calls on the EFCC to act strictly within the limits of its statutory powers;
calls for a proper distinction between regulatory non-compliance, professional misconduct, contractual arrangements and criminal offences; and
urges all enforcement agencies to respect the constitutional guarantees of due process, fair hearing and the rule of law.

The Nigerian Law Society remains available to engage constructively with the EFCC, the Central Bank of Nigeria, the Nigerian Bar Association and other relevant stakeholders towards achieving a clear, legally sustainable and balanced regulatory framework.
Nigeria's war against corruption must be strong, but it must equally be lawful, evidence-based and consistent with the Constitution and the rule of law.

Signed:
Abdulqadir Alhaji Sani
Ag. President
Nigerian Law Society (NLS)