LIBERALIZATION OF TRADE IN PROFESSIONAL SERVICES UNDER THE AFRICAN CONTINENTAL FREE TRADE AREA (AFCFTA) AGREEMENT AND IMPLICATIONS FOR THE LEGAL PROFESSION IN NIGERIA

Abstract

Foreign lawyers are presently barred from engaging in legal practice in Nigeria without prior authorization. However, this could change in the future thanks to the African Continental Free Trade Area (AfCFTA) Agreement. The 2018 agreement seeks to reduce barriers to trade among African countries and one of its main operational protocols is the Protocol on Trade in Services (PTS). The AfCFTA PTS seeks to liberalize services trade amongst state parties, and five priority sectors have been identified for the take-off stage. One of them is professional services which encompasses legal services. It is therefore now possible that the Nigerian legal services sector which has hitherto shut its doors on foreign lawyers could one day open up to them. This article examines the shape that any future changes could take as well as what it means for lawyers in the country. The outcome of the inquiry is that the potential liberalization is a bag of mixed fortunes. While Nigerian lawyers and law firms will get considerable latitude to operate in other African countries, they could also face competition from law firms/lawyers from different jurisdictions who want to operate in the country. It is therefore recommended that lawyers and professional bodies in the country should get prepared for any future eventuality.