A Lawyer’s Bank Account is Exempted from EFCC, SCUML, NFIU and Police Registration/Clearance.
By Onyekachi Umah,Esq.
(Tip 123)
Most ignorant banks and bankers will request that a lawyer obtains a proof of registration with the Special Control Unit Against Money Laundering (SCUML) before a law firm’s bank account can be created; this is to enable the Economic and Financial Crimes Commission (EFCC) and other agencies monitor such accounts easily. By the way, some desperate banks may not request for a SCUML certificate at the point of creation of a bank account for a law firm rather at the point the law firm seeks to withdraw money from the law firm bank account. More worrisome is that some lawyers obliged the banks with SCUML certificates, making such law firms and lawyers liable to filing periodic reports and returns to SCUML housed in EFCC.
This is wrong, illegal and unconstitutional. The Special Control Unit Against Money Laundering (SCUML), the National Financial Intelligence Unit (NFIU), the Economic and Financial Crimes Commission (EFCC) have no right to demand registration and seek the regulation of lawyers, their law practice and management of clients accounts.
Don’t let any bank or security agency muscle you into illegality. Enjoy your lawyers privileges! You may wish to read my detailed work on this issue via “Again, the EFCC Lacks Power Over Lawyers Bank Accounts”.
References:
1. Sections of 192 and 195 of Evidence Act,
2. Sections 5, 6, 7, 8, 9, 11 and 30 of Money Laundering (Prohibition) Act 2022
3. Rule 19(1) of the Rules of Professional Conduct for Legal Practitioners 2007 and
4. The Federal High Court decision on Registered Trustees of Nigerian Bar Association V. AGF & CBN (Suit No: FHC/BS/173/2014)
5. The Court of Appeal decision in the case of CBN V. NBA & AGF (Appeal No: CA/A/202/2015)
6. Abu Arome V. CBN and Ors (FHC/ABJ/CS/25/2023) (Unreported)
7. Onyekachi Umah, “Again, the EFCC Lacks Power Over Lawyers Bank Accounts” (SabiLaw, 22 July 2024) accessed 22 July 2024.
A Lawyer’s Bank Account is Exempted from EFCC, SCUML, NFIU and Police Registration/Clearance.
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