The NBA Welfare committee established and
inaugurated in line with the NBA Constitution, had during the just
concluded NEC meeting at Ilorin, presented some strategic policies
for recommendation. These recommendations according to the
committee are important to cater for the welfare of lawyers in the
country.
According to the report
presented by the committee, the issue of welfare of lawyers by the
national body (NBA) has been a subject of constant discussion both
in the mainstream and social media. Lawyers, especially the young
lawyers are quick to interrogate what is in store for them after
they might have paid all the dues and fees that are collected by
both the branches and national. Thus, the president of the NBA Mr
A.B Mahmoud SAN inaugurated a thirteen man committee drawn from
various branches in the federation chaired by Mr. Monday O.Ubani to
formulate a pragmatic framework and blue print on the issue of
welfare that will cover all categories of lawyers. Their mandate
includes drawing up an action plan for the implementation of the
welfare blue print. The Committee comprising the under listed
members met several times and came up with the under listed blue
print/framework of welfare package for the NBA.
The issue of insurance policy
was the first policy on the list. The Committee said that it
reviewed the existing Insurance Policy of the Association and there
were suggestions that the Insurance Policy as it presently stands
would be more beneficial to members if the members will be entitled
to some claims after a number of years. It was discovered that the
amount of money we pay to the insurance company is not commensurate
to the claims we make yearly over our bereaved colleagues, and this
is not in our interest.
The report also stated that the
insurance policy is one off claim and does not accumulate over the
years thereby denying the Bar the benefit of getting anything after
many years of contribution except there is death or accident. The
committee therefore advised that an alternative policy be provided
that will be highly beneficial to the membership and the NBA
generally. The ENDOWMENT FUND SCHEME/POLICY was recommended. The
policy is believed to make Bar men have so much money in the system
in favor of the NBA after meeting the obligations of the
beneficiaries.
The Committee also debated the
proposition for the establishment of NBA Endowment Fund in line
with the NBA Constitution which is an alternative or replacement to
the existing Insurance Policy. Recommended means of funding for the
fund are that members can voluntarily make donations. Also,
deduction of the sum of N1, 000 from the Bar Practicing fees
payable by every legal practitioner and remitted directly into the
Welfare Endowment Fund as currently being practiced for the
Insurance Policy’s subscription was recommended. The committee also
noted that every legal practitioner called to the Bar in Nigeria
and who have paid his/her Bar Practicing Fees as and when due,
shall be entitled to benefit from the policy. Also, that the
benefits in the event of death should be raised to N2, 000, 000
(Two Million Naira) for now subject to review from time to time,
while the Endowment Fund Management Committee should recommend the
appropriate amounts to be paid as benefits for other heads of
claims. The Fund also included the special intervention for
physically challenged persons. The accounts of the Endowment Fund
shall be audited and presented at the annual general meeting of
NBA, according to the report.
The Committee resolved and
proposed that NBA should encourage Healthcare Management Scheme
such as Health Insurance policies which should be made compulsory
for all lawyers.
On the remuneration of lawyers,
the committee recommended a minimum pay of N50, 000 salary for
young lawyers while lawyers undergoing the compulsory National
Youth Service scheme should not be paid any sum below N25, 000 by
any employer be it private or public during the period of their
service. The committee however noted the difficulty that it may
encounter in the implementation of the policy. It stated
thus:
“The committee is not ignorant of the difficulty
that will be encountered in the process of enforcing this policy,
but believes that it is a policy that will encourage senior lawyers
to have a minimum in mind while employing any junior lawyer. Over
time this policy will be adhered to by senior firms and
organizations that employ lawyers. The best thing is to make a
pronouncement on the policy and over time it will be adhered to
faithfully by all and sundry. The worst is to allow it to remain
the way it is presently on the grounds that it is
unenforceable.”
On the issue of pupilage for
young lawyers which was encouraged by the committee, it stated that
young lawyers undergoing pupilage should be remunerated during the
course of their pupilage. However, it also encouraged that law
firms are to pay such amount as may be sufficient to take care of
transportation and feeding of the young lawyers during the course
of the pupillage. Closely connected to this is the policy of
internship for law students and graduates. The Committee resolved and proposed that there
should be an internship programme for undergraduates and young law
graduates who are willing to attach themselves to a Law Firm for a
certain period (not more than One Year). This programme according
to the committee is to be instituted as a standing policy of the
Association.
The Committee emphatically
reported on the protection of Nigerian lawyers from foreign firms’
Influence. For better comprehension, we shall produce the report,
fresh as it was given:
“The Committee observed with
serious reservations the increasing influx of foreign law firms
into the country who have now dominated the practice space for high
value briefs. Most of these foreign firms secure briefs directly
from multinational companies operating in Nigeria and other
corporations to the exclusion of indigenous law firms. This
unwholesome domination of legal practice in Nigeria by foreign law
firms deserves immediate and urgent intervention of the NBA in
terms of regulation. It is observed that in the Aviation sector for
instance, airlines often engaged foreign law firms to negotiate
aircraft acquisition transactions and documentations on their
behalf to the detriment of Nigerian law firms with requisite
competence and expertise. Such unfortunate and unacceptable
practice also goes on in other sectors such as Energy & Power,
Oil & Gas etc. It is therefore our proposal that the NBA should
intervene by way of regulation of the process to ensure firms and
multinationals engage indigenous law firms to prosecute
transactions on their behalf as against the practice of wholesale
importation of foreign legal services. The Committee also observed
that most of the jobs lawyers should do are now being done by
non-lawyers. He suggested that we as an association should insist
and see to it that any legal document registered that is not
franked by a lawyer should not be accepted for registration at Land
registries. The Committee also noted that some lawyers ridicule the
profession by giving out their stamps to non-lawyers to affix on
documents prepared by non-lawyers. The Committee recommends that
any lawyer found engaging in such act of misconduct should be made
to face the LPDC for disciplinary action. The Committee further
recommends that all Branches of the NBA are to be encouraged to set
up a task force to monitor the activities of lawyers who act in a
way that lowers the standard of the profession.”
On the issue of police brutality
against lawyers, having stated several cases of such brutality, the
committee stated that it seeks NEC’s condemnation and decisive
resolution on this very disturbing trend.
“The National body is enjoined
to hold a press conference with the igp and other heads of security
agencies in Nigeria wherein understanding will be reached that on
no account should lawyers be assaulted in the course of discharging
their professional duties. Any misbehavior by a lawyer should be
reported to the leadership of the bar rather than assaulting them
as is often the case. This process should be carried out as quickly
as possible by the NBA leadership.” it added
The committee also spoke about
that the problem of specialization in legal practice. It stated
that the issue should be taken seriously. The Committee also
brought up the need to establish an umbrella Co-operative Society
for the Nigerian Bar Association. On pension scheme, the committee
suggested that the NBA should institute policies that will ensure
compliance of Law firms with the existing Laws in Nigeria.
Adherence to the Act dealing on pension in the country was
encouraged. Effect of Non-Remittance as well as appropriate
provision of infrastructure for physically challenge were all
discussed. The establishment of a Welfare Monitoring Committee was
also proposed as well as awards/commendations for three most
welfare friendly law firms/ministries/ organizations/parastatal
.
The NBA Welfare committee established and
inaugurated in line with the NBA Constitution, had during the just
concluded NEC meeting at Ilorin, presented some strategic policies
for recommendation. These recommendations according to the
committee are important to cater for the welfare of lawyers in the
country.
According to the report
presented by the committee, the issue of welfare of lawyers by the
national body (NBA) has been a subject of constant discussion both
in the mainstream and social media. Lawyers, especially the young
lawyers are quick to interrogate what is in store for them after
they might have paid all the dues and fees that are collected by
both the branches and national. Thus, the president of the NBA Mr
A.B Mahmoud SAN inaugurated a thirteen man committee drawn from
various branches in the federation chaired by Mr. Monday O.Ubani to
formulate a pragmatic framework and blue print on the issue of
welfare that will cover all categories of lawyers. Their mandate
includes drawing up an action plan for the implementation of the
welfare blue print. The Committee comprising the under listed
members met several times and came up with the under listed blue
print/framework of welfare package for the NBA.
The issue of insurance policy
was the first policy on the list. The Committee said that it
reviewed the existing Insurance Policy of the Association and there
were suggestions that the Insurance Policy as it presently stands
would be more beneficial to members if the members will be entitled
to some claims after a number of years. It was discovered that the
amount of money we pay to the insurance company is not commensurate
to the claims we make yearly over our bereaved colleagues, and this
is not in our interest.
The report also stated that the
insurance policy is one off claim and does not accumulate over the
years thereby denying the Bar the benefit of getting anything after
many years of contribution except there is death or accident. The
committee therefore advised that an alternative policy be provided
that will be highly beneficial to the membership and the NBA
generally. The ENDOWMENT FUND SCHEME/POLICY was recommended. The
policy is believed to make Bar men have so much money in the system
in favor of the NBA after meeting the obligations of the
beneficiaries.
The Committee also debated the
proposition for the establishment of NBA Endowment Fund in line
with the NBA Constitution which is an alternative or replacement to
the existing Insurance Policy. Recommended means of funding for the
fund are that members can voluntarily make donations. Also,
deduction of the sum of N1, 000 from the Bar Practicing fees
payable by every legal practitioner and remitted directly into the
Welfare Endowment Fund as currently being practiced for the
Insurance Policy’s subscription was recommended. The committee also
noted that every legal practitioner called to the Bar in Nigeria
and who have paid his/her Bar Practicing Fees as and when due,
shall be entitled to benefit from the policy. Also, that the
benefits in the event of death should be raised to N2, 000, 000
(Two Million Naira) for now subject to review from time to time,
while the Endowment Fund Management Committee should recommend the
appropriate amounts to be paid as benefits for other heads of
claims. The Fund also included the special intervention for
physically challenged persons. The accounts of the Endowment Fund
shall be audited and presented at the annual general meeting of
NBA, according to the report.
The Committee resolved and
proposed that NBA should encourage Healthcare Management Scheme
such as Health Insurance policies which should be made compulsory
for all lawyers.
On the remuneration of lawyers,
the committee recommended a minimum pay of N50, 000 salary for
young lawyers while lawyers undergoing the compulsory National
Youth Service scheme should not be paid any sum below N25, 000 by
any employer be it private or public during the period of their
service. The committee however noted the difficulty that it may
encounter in the implementation of the policy. It stated
thus:
“The committee is not ignorant of the difficulty
that will be encountered in the process of enforcing this policy,
but believes that it is a policy that will encourage senior lawyers
to have a minimum in mind while employing any junior lawyer. Over
time this policy will be adhered to by senior firms and
organizations that employ lawyers. The best thing is to make a
pronouncement on the policy and over time it will be adhered to
faithfully by all and sundry. The worst is to allow it to remain
the way it is presently on the grounds that it is
unenforceable.”
On the issue of pupilage for
young lawyers which was encouraged by the committee, it stated that
young lawyers undergoing pupilage should be remunerated during the
course of their pupilage. However, it also encouraged that law
firms are to pay such amount as may be sufficient to take care of
transportation and feeding of the young lawyers during the course
of the pupillage. Closely connected to this is the policy of
internship for law students and graduates. The Committee resolved and proposed that there
should be an internship programme for undergraduates and young law
graduates who are willing to attach themselves to a Law Firm for a
certain period (not more than One Year). This programme according
to the committee is to be instituted as a standing policy of the
Association.
The Committee emphatically
reported on the protection of Nigerian lawyers from foreign firms’
Influence. For better comprehension, we shall produce the report,
fresh as it was given:
“The Committee observed with
serious reservations the increasing influx of foreign law firms
into the country who have now dominated the practice space for high
value briefs. Most of these foreign firms secure briefs directly
from multinational companies operating in Nigeria and other
corporations to the exclusion of indigenous law firms. This
unwholesome domination of legal practice in Nigeria by foreign law
firms deserves immediate and urgent intervention of the NBA in
terms of regulation. It is observed that in the Aviation sector for
instance, airlines often engaged foreign law firms to negotiate
aircraft acquisition transactions and documentations on their
behalf to the detriment of Nigerian law firms with requisite
competence and expertise. Such unfortunate and unacceptable
practice also goes on in other sectors such as Energy & Power,
Oil & Gas etc. It is therefore our proposal that the NBA should
intervene by way of regulation of the process to ensure firms and
multinationals engage indigenous law firms to prosecute
transactions on their behalf as against the practice of wholesale
importation of foreign legal services. The Committee also observed
that most of the jobs lawyers should do are now being done by
non-lawyers. He suggested that we as an association should insist
and see to it that any legal document registered that is not
franked by a lawyer should not be accepted for registration at Land
registries. The Committee also noted that some lawyers ridicule the
profession by giving out their stamps to non-lawyers to affix on
documents prepared by non-lawyers. The Committee recommends that
any lawyer found engaging in such act of misconduct should be made
to face the LPDC for disciplinary action. The Committee further
recommends that all Branches of the NBA are to be encouraged to set
up a task force to monitor the activities of lawyers who act in a
way that lowers the standard of the profession.”
On the issue of police brutality
against lawyers, having stated several cases of such brutality, the
committee stated that it seeks NEC’s condemnation and decisive
resolution on this very disturbing trend.
“The National body is enjoined
to hold a press conference with the igp and other heads of security
agencies in Nigeria wherein understanding will be reached that on
no account should lawyers be assaulted in the course of discharging
their professional duties. Any misbehavior by a lawyer should be
reported to the leadership of the bar rather than assaulting them
as is often the case. This process should be carried out as quickly
as possible by the NBA leadership.” it added
The committee also spoke about
that the problem of specialization in legal practice. It stated
that the issue should be taken seriously. The Committee also
brought up the need to establish an umbrella Co-operative Society
for the Nigerian Bar Association. On pension scheme, the committee
suggested that the NBA should institute policies that will ensure
compliance of Law firms with the existing Laws in Nigeria.
Adherence to the Act dealing on pension in the country was
encouraged. Effect of Non-Remittance as well as appropriate
provision of infrastructure for physically challenge were all
discussed. The establishment of a Welfare Monitoring Committee was
also proposed as well as awards/commendations for three most
welfare friendly law firms/ministries/ organizations/parastatal
.