Your firm acts as the auditors and advisers to Naija Seven Limited, and to its four directors. The company is owned 50% by Praise Caro, 25% by his wife Madame, and 10% by James Patrick. Braima is the Chief Executive, and Julius is the Finance Director. Julius’ sister, Mabel Mama, recently resigned from the executive board following a disagreement with Praise. Mabel Mama formed her own company, Nigeri Heaven, in competition with Naija Seven.

Currently, Mabel is negotiating with her former co-executives on the profit-related remuneration due to her and the sale of her 15% holding of shares in Naija Seven to one or all of them.

Mabel Mama has contacted you to find out Praise Caro’s current remuneration package since he refused to disclose it to her. She has also requested that your firm should continue to act as her personal adviser, financial adviser, and auditor to Nigeri Heaven.

(a) Matters to Consider in Responding to Mabel Mama’s Request

  1. Conflict of Interest:
    • Acting for both Naija Seven Limited and Nigeri Heaven could compromise the audit firm’s objectivity and independence.
    • Nigeri Heaven is a direct competitor to Naija Seven Limited, raising significant risks of conflicting loyalties.
  2. Confidentiality of Client Information:
    • Providing information about Praise Caro’s remuneration to Mabel Mama breaches the confidentiality obligation owed to Naija Seven Limited.
    • Auditors must not disclose sensitive client information without proper authorization.
  3. Independence of the Audit Firm:
    • Acting as an auditor and financial adviser to a competitor (Nigeri Heaven) may impair the audit firm’s perceived and actual independence.
    • Regulatory bodies may view such dual roles as unethical.
  4. Professional Ethics and Code of Conduct:
    • Adherence to ICAN and IESBA ethical guidelines is essential, particularly regarding conflicts of interest, confidentiality, and independence.
    • The firm must avoid actions that could discredit the profession.
  5. Client Consent:
    • The firm cannot act on behalf of Mabel Mama unless authorized by Naija Seven Limited to disclose remuneration details or provide services.
  6. Reputation Risk:
    • Accepting Mabel Mama’s requests could damage the firm’s relationship with Naija Seven Limited, potentially leading to the loss of a longstanding client.
  7. Legal Obligations:
    • Verify if there are legal requirements mandating disclosure of remuneration details or barring engagement with competing entities.
  8. Nature of Services to Nigeri Heaven:
    • Assess whether the services requested are purely advisory or include audit responsibilities. Advisory roles may have less impact on independence compared to audit roles.
  9. Safeguards to Address Conflicts:
    • If the firm considers accepting the engagement, implement measures like separate teams and confidentiality walls to manage conflicts of interest.
  10. Professional Duty of Care:
    • The firm must ensure that any decision aligns with the public interest and does not compromise professional standards.

(b) Importance of Confidentiality in Auditor-Client Relationship

  1. Trust and Professional Integrity:
    • Confidentiality builds trust, encouraging clients to provide auditors with complete and accurate information.
  2. Legal and Ethical Compliance:
    • Maintaining confidentiality ensures compliance with ICAN and IESBA ethical standards, as well as legal obligations.
  3. Avoidance of Competitive Risks:
    • Protecting client information prevents competitors from gaining undue advantages, preserving market integrity.
  4. Independence and Objectivity:
    • Upholding confidentiality safeguards the auditor’s impartiality and professional independence.
  5. Reputational Protection:
    • Breaching confidentiality can damage the auditor’s reputation, resulting in loss of current and potential clients.