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

Nnamdi Kanu, the convicted leader of the outlawed Indigenous People of Biafra (IPOB), has officially warned his former lawyer, Ifeanyi Ejiofor, against revealing any confidential or privileged information acquired during their legal representation. Kanu emphasized that this information is legally protected and that the duty of confidentiality continues even after their professional relationship has ended.

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Those obligations of confidence survive the termination of your retainer and remain binding indefinitely under the applicable rules governing legal practitioners.

In a communication to Ejiofor, Kanu stated, "Those obligations of confidence survive the termination of your retainer and remain binding indefinitely under the applicable rules governing legal practitioners." He further expressed serious concerns about the potential disclosure or use of information obtained during his representation and threatened legal action if the confidentiality rule is violated.

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Any lawyer who discloses information about his client or former client has breached the confidentiality rule because such client hired you in confidence.

Nigerian legal practitioners have shed light on the strict confidentiality rules governing lawyers. Charles Nwagbara, former Chairman of the Nigerian Bar Association, Enugu Branch, affirmed that lawyers are obligated not to divulge information about their clients, past or present, as clients hire them in confidence. Obinna Ezenwobodo, an Abuja-based legal practitioner, added that lawyers are prohibited from disclosing client's confidential information under the Rules of Professional Conduct for Legal Practitioners 2023. Clients can sue for privacy violation if their information is disclosed without consent, unless it pertains to preventing a crime or involves fraud.

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