ADVERTISEMENT

ADVERTISEMENT

The recent warning by the Economic and Financial Crimes Commission (“EFCC”) that lawyers who charge clients in foreign currencies may be prosecuted raises an important question of Nigerian law: does the charging or denomination of professional legal fees in foreign currency constitute a criminal offence, or is the matter principally one of professional and regulatory compliance?

The EFCC’s position, as publicly reported, is that charging clients in dollars is “illegal and unethical” because the Naira is Nigeria’s legal tender. The Commission reportedly disclosed that it was already handling two cases involving lawyers who allegedly charged clients in US dollars and warned that it would prosecute culpable practitioners.

The statement deserves serious consideration. Lawyers are subject to a statutory remuneration regime, the Naira is unquestionably Nigeria’s currency, and foreign-exchange transactions are regulated. Nevertheless, criminal liability cannot be founded merely upon an assertion that a practice is unethical or contrary to regulatory policy. There must be a specific written law creating the offence.

The distinction is particularly important because the National Industrial Court of Nigeria has previously considered the legality of denominating contractual entitlements in US dollars under sections 15 and 20 of the Central Bank of Nigeria Act (“CBN Act”) and rejected the proposition that those provisions, by themselves, make such denomination illegal. Adedipe v Oracle Software Nigeria Ltd therefore provides an important judicial lens through which to examine the EFCC’s recent position.

The Naira and the CBN Act
Section 15 of the CBN Act provides that the unit of currency in Nigeria is the Naira. Section 20 establishes CBN-issued currency notes as legal tender in Nigeria.

There is, however, a distinction between legal tender, denomination, and payment.

In Adedipe v Oracle Software Nigeria Ltd, the National Industrial Court considered an argument that contractual compensation denominated in US dollars was illegal by virtue of sections 15 and 20 of the CBN Act. The Court found no provision in the Act expressly declaring the denomination of a contractual obligation in foreign currency illegal.

The Court further observed that section 20(5), which criminalises refusal to accept the Naira, expressly contemplates circumstances in which other currencies may be used as a medium of exchange. It therefore concluded that section 20 concerns payment and does not, by its language, prohibit every instance of foreign-currency denomination.

This distinction is critical.

A contract may be denominated in a foreign currency while payment is made in Naira at the applicable exchange rate. That is legally different from insisting that payment must be made in foreign currency.

Consequently, the proposition that “the Naira is legal tender, therefore every agreement denominated in dollars is illegal” is too broad as a matter of statutory interpretation.

Can a CBN Circular Create a Criminal Offence?
The CBN has, at various times, issued circulars against the pricing or denomination of goods and services in foreign currency in Nigeria. Such regulatory instruments are relevant and cannot simply be ignored.

However, a fundamental constitutional principle must be borne in mind.

Section 36(12) of the Constitution provides that a person shall not be convicted of a criminal offence unless the offence is defined and its penalty prescribed in a written law.

An administrative circular cannot, by itself, create a criminal offence where the enabling statute has not done so.

This was precisely the concern expressed by the National Industrial Court in Adedipe. The Court held that the CBN circulars relied upon by the defendant had gone beyond the wording of section 20 of the CBN Act by purporting to prohibit denomination in foreign currency. It further stated that a circular could not override an Act of the National Assembly.

That reasoning is highly relevant to the EFCC’s present position.

If a lawyer is to be criminally prosecuted merely because his professional fee was stated in US dollars, the prosecution must identify the specific written law creating the offence. It would not be sufficient simply to rely upon a CBN circular or upon the general proposition that the Naira is Nigeria’s legal tender.

The Professional Position Is Different
The conclusion above does not mean that lawyers have an unrestricted right to structure their professional fees in any manner they choose.

Legal practitioners operate within a statutory professional framework.

Section 15 of the Legal Practitioners Act empowers the Legal Practitioners Remuneration Committee to regulate the remuneration of lawyers. Pursuant to that authority, the Legal Practitioners Remuneration (For Business, Legal Services and Representation) Order 2023 was made. The Order commenced on 16 May 2023 and prescribed remuneration for various categories of professional services, including consultations, legal opinions, incorporation, litigation and property transactions.

The professional rules must therefore be distinguished from the criminal law.

A lawyer who adopts a fee arrangement inconsistent with the Remuneration Order may expose himself to professional disciplinary consequences, even where the particular conduct does not amount to a criminal offence.

Thus, the more defensible proposition is that Nigerian lawyers should not routinely dollarise ordinary domestic professional fees without considering the Remuneration Order, the Rules of Professional Conduct and applicable foreign-exchange regulations.

Foreign Currency Is Not Per Se Illegal
There is also a danger in treating foreign currency itself as unlawful.

Nigeria operates a regulated foreign-exchange market and Nigerian law recognises legitimate transactions involving foreign currency. The Foreign Exchange (Monitoring and Miscellaneous Provisions) Act regulates foreign-exchange transactions rather than imposing an absolute prohibition upon the possession, receipt or use of foreign currency.

This is especially relevant to legal practitioners who act for:
foreign residents;
multinational corporations;
international financial institutions;
foreign investors;
non-resident Nigerians; and
clients involved in cross-border transactions or international arbitration.

It would therefore be difficult to sustain a blanket proposition that no Nigerian lawyer may ever receive a professional fee in foreign currency.

The legality of a particular transaction must depend upon its circumstances, including the identity and residence of the client, where the services are rendered, the currency in which the fee is denominated, the currency and method of payment, and the channel through which payment is received.

The EFCC’s Jurisdiction
The EFCC undoubtedly has jurisdiction to investigate and prosecute economic and financial crimes within its statutory mandate. A lawyer is not immune from criminal investigation merely because he is a member of the legal profession.

But the converse is equally important: the EFCC cannot transform every professional or regulatory infraction into an EFCC offence.

If a lawyer charges an excessive professional fee, the matter may principally be one of professional regulation.

If a lawyer breaches the Remuneration Order, disciplinary consequences may arise.

If a lawyer engages in an unlawful foreign-exchange transaction, the applicable foreign-exchange legislation must be examined.

If, however, the transaction involves fraud, money laundering, concealment of criminal proceeds, forgery or another offence within the EFCC’s jurisdiction, the criminal dimension becomes clear.

The relevant question is therefore not simply whether dollars were involved. What unlawful conduct, if any, accompanied the transaction?

Lawyers and EFCC Investigations
The EFCC’s reported concern that some lawyers assist suspects in frustrating investigations also requires careful qualification.

A lawyer does not obstruct justice merely because he represents a person under investigation.

The lawful exercise of a client’s rights, including applying for bail, challenging an unlawful arrest or detention, questioning the jurisdiction of an investigating agency, or instituting fundamental-rights proceedings, is an ordinary incident of legal representation.

The position is entirely different where a lawyer knowingly fabricates evidence, procures false documents, deceives the court, destroys evidence, or otherwise participates in criminal conduct.

If allegations that lawyers have fabricated medical records for bail applications are established, such conduct would raise serious professional and potentially criminal consequences.

The proper distinction is therefore between legitimate advocacy and participation in illegality.

The EFCC’s Warning About Its Name
The Commission’s warning against lawyers invoking its name to justify excessive fees is, in principle, uncontroversial.

A lawyer is entitled to negotiate professional fees within the applicable legal and professional framework. He is not entitled, however, to falsely represent that a fee has been imposed or approved by the EFCC, the court, the CBN or another public authority.

Where such a representation is knowingly false and money is obtained on that basis, the conduct may go beyond professional misconduct and potentially disclose a criminal offence.

Conclusion
The EFCC is entitled to investigate and prosecute lawyers whose conduct constitutes economic or financial crime. It is also legitimate for the Commission and the NBA to insist upon professional integrity within the legal profession.

Nevertheless, the proposition that every lawyer who charges a client in foreign currency automatically commits an EFCC offence requires a considerably greater legal foundation.

The Naira is Nigeria’s currency and legal tender. Foreign-exchange transactions are regulated. Lawyers are subject to the Legal Practitioners Remuneration Order and the Rules of Professional Conduct.

But professional impropriety, regulatory breach and criminal liability are not synonymous.

Most significantly, Adedipe v Oracle Software Nigeria Ltd establishes that sections 15 and 20 of the CBN Act do not, in their express terms, make the mere denomination of a contractual obligation in US dollars illegal. The National Industrial Court also held that a CBN circular cannot enlarge an Act of the National Assembly or create an illegality which the statute itself does not contain.

Accordingly, the prudent position for Nigerian lawyers is to quote ordinary domestic professional fees in Naira, comply with the 2023 Remuneration Order and applicable professional rules, and exercise particular care in cross-border transactions involving foreign currency.

But where the EFCC proposes criminal prosecution, it must go further. It must identify the specific statutory offence, establish that the offence falls within its jurisdiction, and prove every essential ingredient beyond reasonable doubt.

The real legal issue, therefore, is not whether a lawyer has mentioned dollars on an invoice. It is whether the particular transaction contravenes a law that validly imposes criminal liability.

That distinction is fundamental to the rule of law.

Ridwan Imran Esq. Dip in Law, B. A English Literature, LLB(Hons), BL.
The author is a legal practitioner with a primary interest in corporate law and litigation. With a passion for legal research, writing, and advocacy, the author is dedicated to providing insightful analysis of evolving legal issues and contributing to scholarly and professional discussions on the law. The author can be reached via [email protected] or 08131077061.

ADVERTISEMENT

ADVERTISEMENT

By Chris Ishaku.

For decades, Plateau State has worn the celebrated label, “Home of Peace and Tourism.” Governor Caleb Mutfwang’s administration is now attempting something more ambitious: converting the state’s tourism, culture and creativity from largely celebrated assets into productive economic resources capable of creating jobs, attracting investment and broadening the state’s economy.
That is the significance of the Orange Economy strategy recently presented by the Plateau State Government at the National Institute for Policy and Strategic Studies (NIPSS), Kuru.

The concept encompasses economic activity built around culture, creativity and intellectual property — including film, music, fashion, performing arts, tourism, digital content and design. Significantly, this is also the subject of NIPSS Senior Executive Course 48, whose participants are spending 10 months examining how Nigeria can harness the sector for sustainable development.
For Plateau, the opportunity is unusually compelling.
The state possesses a combination of natural attractions, cultural diversity and creative institutions that few states can replicate. Its more than 50 ethnic groups provide an extensive reservoir of festivals, cuisine, crafts, music, dance and traditions. Jos also hosts the Nigerian Film Corporation and National Film Institute, institutions capable of supporting the development of a larger film and entertainment ecosystem. NIPSS participants themselves identified Plateau’s tourism assets and creative ecosystem during an earlier tour of the state.
The encouraging aspect of the Mutfwang initiative is that the government is beginning to look beyond merely promoting festivals. It is attempting to construct an economic architecture around them.
The administration’s ₦4 billion MSME matching fund with the Bank of Industry, for example, could help address one of the perennial problems confronting young entrepreneurs: access to capital. Executive Order No. 10 of 2024, providing a framework for public-private partnerships, could similarly help bring private capital and expertise into projects government cannot sustainably finance alone.
Equally important is the proposed revival of Hill Station Hotel, Plateau Hotel and Jos Wildlife Park. These are not merely nostalgic landmarks. Properly redeveloped and professionally managed, they can become economic assets supporting hospitality businesses, tour operators, restaurants, transportation providers and hundreds of other enterprises.
The declaration of December as Plateau’s official tourism month also has considerable potential. Tourism thrives partly on predictability. Establishing a recognised annual season gives airlines, hotels, entertainment promoters, tour operators and visitors something around which to plan.
There is also a wider opportunity. Jos has long enjoyed an important place in Nigeria’s creative history. Building a modern ecosystem around film, music, fashion, digital production and entertainment could help retain young talent that might otherwise migrate to Lagos or Abuja.
Indeed, Mutfwang had already told NIPSS in February that the Orange Economy represented a pathway towards economic diversification and sustainable development. The latest blueprint therefore suggests an attempt to translate that proposition into specific interventions rather than leaving it as rhetoric.
There are, nevertheless, hurdles that will determine whether the ambition succeeds. Study Group 4 of NIPSS identified funding, security and legal frameworks among the issues Plateau must address to realise its potential. Security is especially consequential because tourists and investors require confidence in their destinations.
Implementation will consequently be the ultimate test.
The Mutfwang administration should now establish measurable targets: tourist arrivals, private investment attracted, creative businesses financed, jobs generated, hotel occupancy, internally generated revenue and the number of tourism facilities restored. Publishing those figures periodically would allow Plateau residents to judge whether the Orange Economy strategy is delivering tangible results.
What Mutfwang has got right is the direction: Plateau’s mountains, weather, cultures, films, festivals and creative talents should not exist merely as objects of admiration. They are economic assets.
If the administration can provide security, infrastructure, financing and credible private-sector partnerships around them, the familiar description of Plateau as the Home of Peace and Tourism could acquire a more economically meaningful dimension — a home of tourism, creativity, enterprise and jobs.

ADVERTISEMENT

ADVERTISEMENT

By Sonny Aragba-Akpore

While findings show that artificial intelligence (AI) is both a driver of efficiency, but a growing challenge, leading AI and cloud providers saw their individual emissions rise between 2020 and 2024, driven by soaring energy demand and expansion of infrastructure.

These findings indicate that AI may provide answers to general energy requirements, but the challenges ahead may reduce the excitement it brings. New studies released by the International Telecommunication Union (ITU) and the World Benchmarking Alliance (WBA), recently have reports that evaluated the climate performance of 200 digital companies globally using publicly disclosed data relating to the 2024 reporting year.

The fifth edition of Greening Digital Companies tracks greenhouse gas (GHG) emissions, energy consumption, climate targets, renewable energy use and, for the first time, climate transition planning before drawing the conclusion of the challenges of AI ahead.

The report released last week in Geneva, Switzerland by ITU says that despite progress in climate reporting and renewable electricity use, digital companies are falling short in cutting emissions at the pace required to achieve global climate targets, quoting the new report Greening Digital Companies: Monitoring Emissions and Climate Commitments 2026.

“While digital technologies offer immense potential for climate action, their rising energy demands and emissions cannot be overlooked,” according to Doreen Bogdan-Martin, ITU Secretary-General adding that “Environmental sustainability must be built into how we design, power and scale the technologies shaping our shared digital future.”
Indeed, AI,s growing energy demand highlights the urgency to align digital opportunities with climate goals.

In what looked like AI,s double edged sword, the report identifies AI as an increasingly important factor shaping the sector’s emission trajectory. “Operational emissions from four major AI and cloud providers have soared, reaching up to 239 per cent of their 2020 levels, while 14 large telecom operators reduced their emissions by 11 per cent over the same period.”

ITU submits that “while AI supports climate action through energy optimization, renewable forecasting, and efficiency gains, it comes with its own environmental costs.

The report underlines the critical need for AI growth to align with clean energy investments and emissions management.” The report identifies priority actions, such as strengthening climate reporting, reducing Scope 3 emissions, improving the implementation of climate transition plans, and aligning AI and digital infrastructure expansion with clean energy development.

“The ICT sector has the innovation, resources, and influence to help shape a more sustainable digital future,” said Cosmas Luckyson Zavazava, Director of ITU’s Telecommunication Development Bureau. “Rearising that potential means turning climate commitments into implementation, cutting emissions, strengthening collaboration among various sector actors and ensuring that digital growth, including AI, advances alongside clean energy development.”

ITU supports this work through collaborative initiatives like its Expert Group on
Telecommunication/ICT Indicators, with a key sub-group developing harmonized national-level indicators for tech-related GHG emissions and energy use.

The latest findings also reinforce ITU’s Green Digital Action Initiative, which calls for greater transparency on energy use, emissions, and progress toward science-based targets. The ITU submits that Climate reporting has improved, but significant gaps remain. “While 89 per cent of companies reported direct emissions (Scope 1) and 81 per cent reported purchased energy (Scope 2), only 47 per cent reported emissions from across all relevant value chain activities (Scope 3).
On Greenhouse gas emissions the report indicates that “In 2024, digital companies reported 301 million tonnes of operational emissions (Scope 1 and 2) in carbon dioxide equivalent, equivalent to 0.8 per cent of global energy-related emissions and a 1.2 per cent increase from 2023.

For companies disclosing value-chain emissions (Scope 3), these dominated their carbon footprint, accounting for 76 per cent of total emissions and underscoring the sector’s challenges in supply chains, manufacturing, and product use.
The report says of electricity consumption that “163 companies reported consuming 494 terawatt-hours (TWh) of electricity in 2024, equivalent to approximately 1.7 per cent of global electricity consumption. Over half of this electricity consumption (54 per cent) was concentrated in just 10 companies, surpassing the yearly electricity use of some countries.”

“While digital companies remain among the world’s largest corporate purchasers of renewable electricity, only 25 of the 200 companies assessed reported sourcing 100 per cent renewable electricity.” The report indicates that Climate targets show that 151 (or 76 per cent) of the assessed companies submitted near-term reduction targets for Scope 1 and 2 emissions, reflecting both voluntary leadership and the influence of investor expectations, scientific and awareness-raising campaigns, and emerging regulatory requirements.

“However, just 114 targets were validated by science-based frameworks with 85 assessed as on track based on progress to date. On Climate transition plans, Only 81 companies (41 per cent) demonstrated comprehensive plans to meet climate goals, including strategic ambition, implementation and engagement strategies, clear metrics, targets, and governance. “This highlights the urgent need for more robust planning to manage the necessary economic, social and energy transitions “adding that
“Digital companies need to engage suppliers and address emissions across the products and services they rely on,” according to Gerbrand Haverkamp, Executive Director of the World Benchmarking Alliance. “For example, the electronics sector, which provides many inputs underpinning digital infrastructure, accounts for 53 per cent of reported emissions across all three subsectors.”

​The ITU has put in place global standards and frameworks connecting digital networks with sustainable energy infrastructure. It has also developed technical recommendations—such as ITU-T L.1332 for network infrastructure energy efficiency and ITU-T L.1510 for digital environmental key performance indicators—to measure and reduce power loss in telecom facilities and data centres.

AI and Power Grids are part of measures that the ITU addresses the dual role of artificial intelligence as both a major driver of surging electricity demand and a smart tool for optimizing power grid performance. Through Smart Energy Solutionist creates frameworks like ITU-T L.1385, by providing guidelines for smart industrial energy management systems to improve efficiency and reliability in manufacturing and building infrastructures. And in order to Bridge Global Divides the ITU initiatives emphasize expanding resilient connectivity and investing in foundational energy infrastructure, particularly in developing regions like Africa, to achieve sustainable digital development.