Layi Babatunde

4.3 Money Laundering Act
The Money Laundering Act was first enacted in 2004 and re-enacted in 2011. The Act makes comprehensive provisions to prohibit the financing of terrorism, the laundering of the proceeds of a crime, or illegal acts. It also provides appropriate penalties and expands the scope of supervisory and regulatory authorities so as to address the challenges faced in the implementation of the anti-money laundering regime in Nigeria.

Section 14 creates a number of money laundering offences. These include: (1) Conversion or transfer of property derived from illicit traffic in narcotics, drugs etc. with the crime of concealing or disgusting their origin S. 14. (2) Collaboration in concealing or disguising the genuine nature, location, disposition, movement or ownership of the resources, property or rights thereto forum illicit tragic in narcotics drugs or any crime or illegal act S. 14(2) ML(P) Act, each attract penalties of 2-3 years. (3) A Director or employee of financial institutions is also liable where he:

(a) Warns owners of prohibited funds; (b) Destroys or remove prescribed register; (c) Carries out or attempts under a false identity any of the transactions under Section 1-5 i.e.
Other offences relating to many laundering include:

(i) Making or accepting cash payment of 0.5m and 2.0m from individuals and corporate bodies respectively; (ii) Not reporting international transfer of funds and securities of $10,000 or more to the CBN; (iii) Not duly complying to Over the Counter Regulation on exchanging transactions which include proper licensing by CBN, documentation of transaction exceeding $5,000 and profiling and keeping recording customers for at least 10 years – Penalties for (i) – (iii) are N25,000 for individual, N1.0m for financial institution and revocation of license by the CBN. See S. 3

Furthermore, Casinos are to verify and record identity of customers see S. 4. Verification of customer’s identity by financial institutions by original valid documents and photographs and supporting documents: (i) Individuals by personal document; (ii) Certificate of incorporation by companied; (iii) Power of Attorney by company representative; (iv) Casual customer by document; (v) Those suspected of proceed of crime to do proper documentation; (vi) Identify of the principal be sought in appropriate agency cases. See section 5.
Financial institutions are also mandated by the Act to: (1) Place Special Surveillance on certain suspicious transactions. S. 6. (2) Preserve Records of Customers identify and transactions. S. 7 for at least 10 years. (3) Communication of such identities and transactions to the CBN, NDLEA, Judicial authorities, customer and published in Gazette S. 8 (4) Arousing awareness among.

5.0 LEGAL PRACTITIONERS’ ROLE AND THE RULES OF PROFESSIONAL CONDUCT
It is important to preface this, with the relevant provisions of 1999 Constitution (as amended)
S. 15(5) provides:
(5) The State shall abolish all corrupt practices and abuse of power.
While S. 24 provides:
It shall be the duty of every citizen to –
(a) abide by this Constitution, respect its ideals and its institutions, the National Flag, the National Anthem, the National Pledge, and legitimate authorities;
(b) help to enhance the power, prestige and good name of Nigeria, defend Nigeria and render such national service as may be required;
(c) respect the dignity of other citizens and the rights and legitimate interests of others and live in unity and harmony and in the spirit of common brotherhood;
(d) make positive and useful contribution to the advancement, progress and well-being of the community where he resides;
(e) render assistance to appropriate and lawful agencies in the maintenance of law and order; and
(f) declare his income honestly to appropriate and lawful agencies and pay his tax promptly.

The legal profession is well regulated not only by legislation, but also by Rules of Professional Conduct. In this respect, one of the subsidiary legislation to the Legal Practitioners Act is the Rules of professional Conduct for Legal Practitioners. The current Rules were made on 2nd January 2007 by the then Attorney-General of the Federation and Minister of Justice / Chairman General Council of the Bar.44 This was made pursuant to section 12(4) of Legal Practitioners Act, 1990.

The Rules contain fifty seven (57) Rules structured into seven major areas of the practitioners’ roles. They are:
1) Practice as a Legal Practitioner.45
2) Relation with clients.46
3) Relation with other lawyers.47
4) Relations with the Court.48
5) Improper Attraction of Business.49
6) Remuneration and fees.50
7) Miscellaneous.51

The Rules contain more than enough provisions to guide Legal Practitioners in navigating their ways against the corruptive virus of our time. We will select few of these Rules to illustrate this point. Rules 1, 14, 15, 16, 30, 31 and 37 are particularly attractive for our purpose. These Rules are on general responsibility of a lawyer; dedication and devotion to the cause of the client; representing client within the bound of the law; representing client competently; lawyer as officer of court; duty of lawyers to court and conduct in court; and employment in criminal cases.
5.2 General responsibility of a lawyer
A lawyer shall uphold and observe the rule of law, promote and foster the cause of justice, maintain a high standard of professional conduct, and shall not engage in any conduct which is unbecoming of a legal practitioner.52
5.3 Dedication and devotion to the cause of the client
It is the duty of a lawyer to devote his attention, energy and expertise to the service of his client and, subject to any rule of law, to act in a manner consistent with the best interest of the client.53
5.4 Representing client within the bounds of the law
In his representation of a client, a lawyer may refuse to aid or participate in conduct that he believes to be unlawful even though there is some support for an argument that the conduct is legal. In his representation of his client, a lawyer shall:
(a) keep strictly within the law notwithstanding any contrary instruction by his client and, if the client insists on a breach of the law, the lawyer shall withdraw his service;
(b) use his best endeavours to restrain and prevent his client from committing misconduct or breach of the law with particular reference to judicial officers, witnesses and litigants and if the client persists in his action or conduct, the lawyer shall terminate their relations.54

Having regards to SS 23 and 39 ICPC Act and S. 192 Evidence Ct, 2011; a Legal Practitioner obviously, should not be a partaker in corruption schemes or endeavours, but instead report such crimes to the appropriate authority.

5.5 Representing client competently
A lawyer shall not –
(a) handle a legal matter which he knows or ought to know that he is not competent to handle, without associating with him a lawyer who is competent to handle it, unless the client objects;
(b) handle a legal matter without adequate preparation;
(c) neglect a legal matter entrusted to him; or
(d) attempt to exonerate himself from or limit his liability of his client for his personal malpractice or professional misconduct.55

5.6 Lawyer as officer of court
A lawyer is an officer of the Court and accordingly, he shall not do any act or conduct himself in any manner that may obstruct, delay or adversely affect the administration of justice.56

5.7 Duty of Lawyers to Court and Conduct in Court
A lawyer shall always treat the Court with respect, dignity and honour. Where the lawyer has a proper ground for complaint against a judicial officer, he shall make his complaint to the appropriate authorities. A lawyer who fails to comply with any undertaking given by him either personally or on behalf of his client to a court is prima facie guilty of professional misconduct. Except where the opposing lawyer fails or refuses to attend and the Judge is advised of the circumstances, a lawyer shall not discuss a pending case with a Judge trying the case unless the opposing lawyer is present. Except provided by a rule of order or court, a lawyer shall not deliver to the Judge any letter, memorandum, brief or other written communication without concurrently delivering a copy to the opposing lawyer.57

5.8 Employment in Criminal Cases
Rule 37 is particularly relevant to us as lawyers where we have the misfortune of handling corruption cases. I recommend Rule 37 as a guide. It says:
(1) Where a lawyer undertakes the defence of a person accused of a crime, he shall exert himself, by all fair and honourable means, to put before the Court all matters that are necessary in the interest of justice, but he shall not stand bail for a person for whom he or a person in his law firm is appearing.
(2) Where the lawyer accepts a brief for the defence in a murder trial, he shall be deemed to have given a solemn undertaking, subject to any sufficient unforeseen circumstances, that he will personally conduct the defence provided his fee is paid.
(3) Where an accused person discloses facts which clearly and credibly show his guilt, the lawyer shall not present any evidence inconsistent with those facts and shall not offer any testimony which he knows to be false.
(4) The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done.
(5) A public prosecutor shall not institute or cause to be instituted a criminal charge if he knows or ought reasonably to know that the charge is not supported by the probable evidence.
(6) A lawyer engaged in public prosecution shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused person, but he think make timely disclosure to the lawyer for the defendant, or to the defendant if he has no counsel, of the existence of evidence known to the prosecution or other government lawyer that tends to negate the guilt of the accused, mitigate the degree of the offence or reduce the punishment.58