In Ukah & Ors v. Onyia & Ors (2016) LPELR-40025(CA), the Court of Appeal considered Rule 7(2) of the RPC and gave a more robust and binding view to the provision. According to the appellate Court:
"…Rule 7(2)(b) of the Rules of Professional Conduct for Legal Practitioners, 2007, therefore forbids a lawyer from practicing as a legal practitioner while personally engaged in the business of a commission agent. A proper dissection of this Rule shows that what is forbidden is practicing as a lawyer, while engaged in the business of a commission agent. In other words, the active part of the provision/prohibition is practice as a legal practitioner. The provision does not forbid a legal practitioner from engaging in the business of a commission agent. Rather, it forbids a legal practitioner engaged in the business of commissioned agent from practicing as a legal practitioner while so engaged. In construing this provision, it is pertinent to note that the qualification of a person as a legal practitioner is distinct from practice as a legal practitioner while the former borders on the mere appellation of one as a lawyer upon being called to the Nigerian Bar, the latter is a question of fact and evidence.” Per OGUNWUMIJU, J.C.A.
Therefore, on the succinct authority of the Court of Appeal decision in Ukah & Ors v. Onyia, a legal practitioner is not forbidden from selling land as a commissioned agent but cannot act also as a legal practitioner while so engaged. The effect of Rule 7(2)(b) is that you cannot be a legal practitioner and commission agent in the same land transaction. This position is logical and equitable, since equity leans against double portion.
Conclusion & Recommendation
Therefore, it is not the law that a legal practitioner cannot be a land agent for commission or ‘sell land’, but to do so without infraction of Rule 7(2)(b) requires:
A legal practitioner may act as legal practitioner and agent, but cannot collect the commission entitled an agent when he does so.
A legal practitioner may act as legal practitioner, but involve another legal practitioner to act as agent for commission.
A legal practitioner may act as agent, but involve another Legal Practitioner to perfect the transaction and receive fees as Legal Practitioner.
A legal practitioner must not in any transaction act as the legal practitioner while engaging also as the Agent receiving commission.
See paragraph 2.
Strictly Legal Precedents
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