Why Payments for Agreements not made by Lawyers are Invalid and Useless? Daily Law Tips (Tip 759) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)
Introduction:
Any person can make any agreement for himself or for another person for free in any part of Nigeria. Such an agreement is valid and will be honored in any part of Nigeria. However, there are certain classes and types of agreements and documents that no other person apart from a lawyer can prepare in any part of Nigeria. And, any attempt by any non-lawyer to prepare such agreement is a criminal offense. Also, all payments for such agreements not made by lawyers are invalid and useless. This work shows the reason all payments for agreements not made by lawyers are invalid and useless in Nigeria. It also highlights the few exceptions to this rule.
Lawyers Work:
Some years ago, there were very funny and popular car/door stickers made by a certain lawyer for lawyers and their relatives. The stickers were made with yellow and black colors. One of the stickers read; “Wetin Lawyers Dey Do Self?” (what do lawyers really do?). That sticker represents the common thought of an average Nigerian, when trying to underpay a lawyer or to rationalize a plan to seek quackery.
Well, the work of lawyers is almost endless, hence, law practice is a window. To avoid quackery and erosion of trust, lawyers work is protected by a federal law (the Legal Practitioners Act, 1975). The Federal law prohibits every non-lawyer from performing any part of lawyers’ work. It also ensures that other professionals that can easily pass-off as lawyers are never cross the line to lawyers’ work. The law even invalidates and declares worthless, any payment for an agreement/document meant to be prepared by lawyers but was prepared by a non-lawyer.
By the Legal Practitioners Act, it is a criminal offence in Nigeria, for a non-lawyer to prepare any document relating to rent, tenancy, lease, mortgage, sale, transfer, gift, land, landed property, extracted and not-extracted minerals resources, mines, buildings, structures or relating to probate, letters of administration or any proceedings in court in Nigeria. The offence is punishable with a fine that is not more than #200.00 or imprisonment for not more than 2 years or both. Where an offender is a company, the directors, managers, secretaries or any such officer as well as the company will be held liable. However, the offence cannot be brought to court after 3 years from the time the offence was committed. It is irrelevant whether the non-lawyer posed as a lawyer or not, the mere fact that the work of lawyers is been performed by a non-lawyer for a fee is a crime. Although posing as a lawyer is another offence; the offence of impersonation.
All payments for agreements not made by lawyers are invalid and useless, where the agreement was prepared for a fee and the agreement relates to rent, tenancy, lease, mortgage, sale, transfer, gift, land, landed property, extracted and not-extracted minerals resources, mines, buildings, structures or probate, letters of administration or any proceedings in court in Nigeria. This also affects all monies or ownership obtained or sought to be obtained for preparing such documents, they are all invalid, useless and worthless. So, any of the party at any time can collect back any monies or property paid or transferred to a non-lawyer for an agreement or document prepared by the paid non-lawyer, whether the matter is in court or not and even after the expiration of 3 years stipulated for prosecution of persons attempting lawyers’ work.
Conclusion:
All professions and professionals are protected to ensure standards and recommended practices are observed and maintained. Any attempt to engage a paid non-lawyer to perform the work of lawyers is a total waste of time and a foolish promotion of quackery. First, it is a criminal offence that can lead to imprisonment and fine. Secondly, the payment for agreements/documents prepared by a paid non-lawyer is invalid, fake, useless, worthless and nullified. As such, monies paid and property exchanged for the services of a non-lawyer in performing the work of a lawyer can be recovered. It pays to engage a lawyer!
My authorities, are:
- Sections 1, 2, 3, 4, 5 and 6 of the Constitution of the Federal Republic of Nigeria, 1999.
- Sections 2, 22(1)(d), 22(2), 22(4), 22(5), 22(6), 22(7), 24 and 25 of the Legal Practitioners Act, 1975
- Onyekachi Umah, “Estate Surveyors and Valuers Cannot Prepare Tenancy/Land Documents” (LearnNigerianLaws.com, 30 November 2020) <https://sabilaw.org/estate-surveyors-and-valuers-cannot-prepare-tenancy-land-documents/> accessed 17 March 2021
- Onyekachi Umah, “It Is An Offence For Non-Lawyer To Prepare Any Document/Agreement Relating To Rent, Buildings, Land Or Mineral Resources” (LearnNigerianLaws.com, 12 September 2019 <https://sabilaw.org/it-is-an-offence-for-none-lawyer-to-prepare-any-document-agreement-relating-to-rent-buildings-land-or-mineral-resources-daily-law-tips-tip-413-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 17 March 2021
- Onyekachi Umah, “It Is An Offence For Non-Lawyer To Prepare Any Document/Agreement Relating To Rent, Buildings, Land Or Mineral Resources” (LearnNigerianLaws.com, 12 September 2019 <https://sabilaw.org/it-is-an-offence-for-none-lawyer-to-prepare-any-document-agreement-relating-to-rent-buildings-land-or-mineral-resources/> accessed 17 March 2021
- Onyekachi Umah, “List Of Agreements And Transactions That Are Invalid If Handled By A None Lawyer In Nigeria” (LearnNigerianLaws.com, 3 October 2019) <https://sabilaw.org/list-of-agreements-and-transactions-that-are-invalid-if-handled-by-a-non-lawyer-in-nigeria/> accessed 17 March 2021
- Onyekachi Umah, “Legal Practitioners Cannot Sell Land In Nigeria.” (LearnNigerianLaws.com, 31 August 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-174-legal-practitioners-cannot-sell-land-in-nigeria/ > accessed 17 March 2021.
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