Nnamdi Kanu vs Ejiofor: Can lawyers disclose ‘confidential information’ about their ex-clients?

On 22 July, Nnamdi Kanu, convicted leader of the outlawed Indigenous People of Biafra (IPOB) officially disengaged his longtime lawyer, Ifeanyi Ejiofor. But that was not the only thing he did. Mr Kanu went ahead to warn Mr Ejiofor against disclosing “confidential and privileged information” about himself and IPOB which the lawyer acquired in the course of his legal representation. The IPOB leader told his former lawyer that those “confidential and privileged information” are “legally protected information.” He also warned the lawyer that his formal disengagement does not give him the freedom to disclose such information. “Those obligations of confidence survive the termination of your retainer and remain binding indefinitely under the applicable rules governing legal practitioners. “Recent events have given rise to serious concerns regarding the possible disclosure or use of information obtained during the course of that representation,” Mr Kanu said, threatening to sue the lawyer if he violates the confidentiality rule. Nigerian lawyers shed light on confidentiality rule For an insight into the confidentiality rule, PREMIUM TIMES spoke to some lawyers across Nigeria. A former Chairman of the Nigerian Bar Association, Enugu Branch, Charles Nwagbara, said lawyers are under obligation not to divulge information about their clients even if the contract no longer exists between them. “Any lawyer who discloses information about his client or former client has breached the confidentiality rule because such client hired you in confidence,” he said. “It is one of the duties we owe our clients as lawyers. It is immaterial if the relationship between the lawyer or relationship has ended.” PREMIUM TIMES asked Mr Nwagbara if the confidentiality rule is a legal issue or an ethical issue. “There’s the ethical part of it and there’s the legal part of it,” he said, promising to provide details later. On his part, Obinna Ezenwobodo, an Abuja-based legal practitioner, said lawyers are prohibited from client’s confidential information under the Rules of Professional Conduct for Legal Practitioners 2023. “Many lawyers have been sacked, dismissed or de-robed because of that,” he remarked. Mr Ezenwobodo further pointed out that clients whose confidential information was disclosed by their lawyers can sue on the basis of rights of privacy violation provided in the 1999 Nigerian Constitution as well as Data Protection Act 2023. “This also applies to medical professionals. Even when the person is no longer their client, they shouldn’t disclose information given to them,” he said. PREMIUM TIMES informed the lawyer that the enquiry stems from the warning from Mr Kanu to his estranged lawyer, Mr Ejiofor. Mr Ezenwobodo then argued that Mr Kanu could sue Mr Ejiofor if the lawyer truly discloses such confidential information without the IPOB leader’s consent. “Unless it has to do with a criminal issue (against Mr Kanu) or fraud or the lawyer is trying to prevent a crime,” he clarified. A human rights lawyer, Inibehe Effiong, corroborated this position, explaining that information legal practitioners obtain from their clients is privileged and governed by the Rules of Professional Conduct for Legal Practitioners 2023. “So lawyers are ordinarily not expected to make disclosure of information that came to their notice while he was in a lawyer-client relationship,” he said. Mr Effiong stressed that the obligation on the part of the lawyer is not “automatically severed” when the relationship with the client ceases. “The principle is called Privilege and Confidence of Clients under Rule 19 of the Rules of Professional Conduct for Legal Practitioners 2023,” he said. The Lagos-lawyer, however, pointed out that such confidential information could be disclosed with the consent of the client or when it is required by law or an order of a court. He added that lawyers can also reveal confidential information about their clients when it relates to matters about professional fees, when the client accused the lawyer of wrongful conduct or when there is an intention by the client to commit crime. READ ALSO: US lawmaker seeks Nnamdi Kanu’s release, hints at cutting aid to Nigeria “A lawyer, in such circumstances, is allowed to make such disclosure,” he said. Mr Effiong stressed that any disclosure that does not come within the “permissible exceptions” will amount to breach of the ethical obligations that a lawyer holds to a client. PREMIUM TIMES asked the legal practitioner if the disclosure outside the exceptions could be a basis for suing a lawyer. “Well, not necessarily in terms of litigation. It could be a matter for disciplinary enquiry by the appropriate organs of the legal profession,” he responded. Discover more from Premium Times Nigeria Subscribe to get the latest posts sent to your email.