Nnamdi Kanu Warns Ex-Lawyer Against Sharing Confidential Info

On 22 July, Nnamdi Kanu, the leader of the banned Indigenous People of Biafra (IPOB), officially ended his relationship with his lawyer, Ifeanyi Ejiofor.

But that was not all he did. Kanu warned Ejiofor not to share any "confidential and privileged information" about him and IPOB that the lawyer got while representing him.

The IPOB leader told Ejiofor that this "confidential and privileged information" is "legally protected information."

He also reminded the lawyer that quitting his services does not mean he can freely disclose that information.
"Those obligations of confidence survive the termination of your retainer and remain binding indefinitely under the applicable rules governing legal practitioners," Kanu said.
"Recent events have given rise to serious concerns regarding the possible disclosure or use of information obtained during the course of that representation," Kanu added, threatening to sue Ejiofor if he breaks the confidentiality agreement.

Lawyers Talk About Confidentiality Rules

To get more information on the confidentiality rule, PREMIUM TIMES spoke to various lawyers in Nigeria.

Charles Nwagbara, a former Chairman of the Nigerian Bar Association in Enugu, said lawyers cannot reveal information about their clients, even after they stop working together.
"Any lawyer who discloses information about his client or former client has breached the confidentiality rule because such client hired you in confidence," he stated.

Nwagbara emphasized that this duty remains, even if the lawyer-client relationship has ended. He was asked if the confidentiality rule is a legal issue or an ethical one.
"There’s the ethical part of it and there’s the legal part of it," he responded, promising to give more details later.

Obinna Ezenwobodo, a lawyer based in Abuja, mentioned that the Rules of Professional Conduct for Legal Practitioners 2023 protect clients' confidential information.

"Many lawyers have been sacked, dismissed or de-robed because of that," he noted.

Ezenwobodo also highlighted that clients whose confidential information is shared without permission can sue for violation of privacy rights under the 1999 Nigerian Constitution and the 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 explained.

When informed that the inquiry was about Kanu's warning to Ejiofor, Ezenwobodo argued that Kanu could indeed take legal action against Ejiofor if the lawyer discloses any confidential information without Kanu's consent.

"Unless it has to do with a criminal issue (against Kanu) or fraud or the lawyer is trying to prevent a crime," he clarified.

Inibehe Effiong, a human rights lawyer, supported this view, explaining that information lawyers get from clients is privileged and follows the Rules of Professional Conduct for Legal Practitioners 2023.

"So lawyers are ordinarily not expected to disclose information that came to their notice while he was in a lawyer-client relationship," he stated.

Effiong stressed that the lawyer's obligation remains even after the client relationship ends.
"The principle is called Privilege and Confidence of Clients under Rule 19 of the Rules of Professional Conduct for Legal Practitioners 2023," he said.

However, he pointed out that such confidential information can be disclosed with the client's consent or when required by law or a court order.
He added that lawyers can also reveal confidential information when it relates to professional fees, if the client accuses the lawyer of wrongdoing, or if the client intends to commit a crime.

"A lawyer, in such circumstances, is allowed to make such disclosure," he said.

Effiong stressed that any disclosure outside the "permissible exceptions" will be a breach of the ethical obligations a lawyer has to a client.

When asked if this kind of disclosure could lead to a lawsuit against a lawyer, he said, "Well, not necessarily in terms of litigation. It could be a matter for disciplinary enquiry by the appropriate organs of the legal profession."