Applicability of anti-money laundering laws to legal practitioners in Nigeria

Author:

Ahiauzu Ndidi,Inko-Tariah Teingo

Abstract

Purpose The purpose of this paper is to review the recent judgement of the Federal High Court exempting Nigerian lawyers from anti-money laundering (AML) obligations and to proffer suggestions as to ways of complying with international standards. Design/methodology/approach An analysis of the case and judgement was undertaken and a commentary on the effect of the obligations on lawyers was given. As a result of the analysis, suggestions were made to satisfy regulatory requirements while recognising the sanctity of the legal profession and the professional responsibilities members owe to their clients. Findings AML obligations are tasking and may impact negatively on rights of both lawyers and of their clients. However, with some measures taken by both regulators and lawyers, loopholes can be comfortably covered without leaving the legal sector exposed to criminal intents. Research limitations/implications There has not been any appeal on the case, and therefore the paper may not be conclusive. Practical implications Very relevant recommendations were made and, if taken up, may provide a meeting point for both parties and achieve the key purpose of detecting and/or preventing money laundering. Originality/value This is the first academic paper to analyse the current case and to provide relevant suggestions on the matter.

Publisher

Emerald

Subject

Law,General Economics, Econometrics and Finance,Public Administration

Reference4 articles.

1. Never to whistle-blow, JFBA’s approach: when to whistle-blow, a lawyer’s guide,2011

2. Rose, N. (2009), “Making the case for appropriate anti-money laundering rules for lawyers”, IBA News, April, pp. 37-39, available at: www.anti-moneylaundering.org/AMLResources.aspx (accessed 2 September 2015).

3. Testing the limits of solicitor-client privilege: lawyers, money laundering, and suspicious transaction reporting;Journal of Money Laundering Control,2006

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