Wigs Without Welfare: Lawyers In Nigeria Earn Below Minimum Wage, And It Isn’t Unusual

SIX hundred and thirty naira (N630). This was the amount
Andrew Bello, a Lagos-based lawyer, received in one of the months
he worked for a law firm in Ikoyi.

His total salary was supposed to be N20,000 per month, but his
firm deducted N500 for each day he got to the office later than 8
a.m. Living in FESTAC town, ordinarily at least an hour away from
the office, and coupled with constant traffic congestion, he had
little choice. And so he often went home at the end of the month
with an average of N4000, while the manager’s gardener, he’d
learnt, was paid at least N35,000.

When he asked why he was receiving only N630 that month, he was
told the monies deducted were for lateness, practising fee, as well
as seal and stamp.

“The boss even told me they just gave me that money out of
generosity, that I’m the one who was supposed to pay them that
month,” the 28-year-old alumnus of Benue State University
recalled.

He was also given between N100 and N200 anytime he had to go to
the court. Though it was never enough, he was asked to produce
proof of additional amounts spent if he wanted his money
reimbursed. From November 2016 to December 2017, Bello endured
not only exceedingly inadequate pay but also generally poor working
conditions at the firm.

A few months into the job, he travelled to Akwa Ibom for a trial
and by the time he returned, his house had been demolished, with no
debris in sight. He lost all his possessions, and had only two
shirts, one pair of trousers, and one suit. So he went to his boss
and pleaded for a week-long leave to recover.

“Err… I’m sorry for your tragedy but, if you miss one day, don’t
ever come here again,” she had replied.

For two months after that incident, he slept on plastic chairs
at a bar in Obalende and went to the office every morning from
there. He then moved in with a friend at the Nigerian Law School.
There, he facilitated tutorials between 6 and 10 p.m. on weekdays
and earned an extra N20,000. He lived on the campus for three to
four months before moving to squat with another friend in Ajah.

“It was terrible,” he said. “I would leave Ajah by 5 a.m., get
to the office by 8 a.m. so I don’t get N500 deducted, finish from
Law School by 10 or 11 p.m., go back to Ajah, get there by 1 a.m.,
and then I’m up again by 4 a.m. And after all that, at the end of
the month, I was always in debt.”

Today, Bello works in-house for the Seven-Up Bottling Company
and earns well over N200,000. “Most people like to say I paid
my dues, but man! I didn’t have to pay that much,” he chuckled.

Asked if he would study law a second time if he had an
opportunity to travel back in time, he said yes—but only “because
of the course itself”. He added jokingly, “If it was by the
people in the profession, I would pick Police Studies so that I can
deal with them under the guise of anti-robbery or
anti-cultism.”

Bello’s ordeal may be behind him but thousands of legal
practitioners across the country continue to face a lot of
difficulty in trying to eke out a living. Many law firms are
reported to treat their employees shabbily, particularly when it
comes to remuneration.

There are firms on the Lagos Mainland for example, sources say,
that pay as low as N10,000, nearly half of the previous national
minimum wage of N18,000. Then there are those who just offer to pay
“something” at the end of the month, often defaulting for long
periods.

It is also common for lawyers to be employed without written
contracts or terms of employment, though this violates section 6 of
the Labour Act^[1] that states that
such contract must be given not later than three months after
employment.

A young female lawyer in Ibadan, Oyo State, who preferred not to
be named, spoke of how she was paid N25,000 by her boss. Worse
still, he only paid after the first month, and she had to spend out
of her pocket to work for several months till she finally quit.
“That is the trend of how he does his own things,” she said,
implying he used that approach for his other employees too.

Again, last year a video that went viral showed two policemen
hitting, dragging and threatening to shoot a lawyer, Olakunle
Kareem, who had gone to his former employer, Oluyomi Olawore LLP, a
law firm in Onikan, Lagos, to request for his unpaid salary.

It is suggested that the only reason lawyers are not massively
seeking job opportunities in other countries, like their
counterparts in the medical field, is because they are limited by
country jurisdictions.

The narrative is the same irrespective of state. Believing legal
practice is not enough to meet his needs, Stephen, an Abuja-based
lawyer in his fifth year of practice, has also delved into the
information technology (IT) space.

“I had to go learn IT,” he said. “I am a web designer. I run a
tech. company with a couple of friends, and that is where I augment
from.”

Young lawyer goes to his former employer to
ask for his outstanding salary and this happened! Law firm: OLUYOMI
OLAWORE LLP.
RT till it gets to the right people pic.twitter.com/E9lw7wFbi8^[2]

— Gentleman in Skirt (@bjspesh) July 4,
2018^[3]

According to the newly passed amendment^[4] to the national
minimum wage law, employers who pay less than the minimum wage,
which is now N30,000, may be sued at the National Industrial Court.
On conviction, section 9 states, the employer shall pay a fine, all
outstanding arrears of the worker’s wages, as well as additional
penalties for each month of continued violation.

From law to tailoring

When Bisola Ogunsola, 27, participated in the compulsory
one-year National Youth Service Corps scheme in 2016, like many of
her colleagues she was offered neither stipends nor accommodation.
They were treated like burdens in their places of primary
assignment.

“We thought NYSC would soon pass and things would get better,”
she said, “not knowing that many of us will so much miss the
N19,800.”

Studying law was a trying experience for the graduate of
University of Ibadan. Due to no fault of hers, she spent eight
years, instead of the usual six, in getting a law degree. She was
in her first year when her dad got diagnosed with lung cancer. His
expensive treatment and subsequent death in 2011 left the family of
eight in financial hardship.

Ogunsola took on three part-time jobs just to get through
school. She was a tutor at a JAMB tutorial centre and worked for a
home tutor business. She also sold jewellery and trained others
interested in the trade.

Her mother had to secure a loan to pay her tuition at the
Nigerian Law School. Life was simply a transition from one struggle
to another. But, after her service year, her hopes of reaping the
fruits of her hard work still did not materialise, in spite of how
celebrated and highly competitive her profession is.

The firm she joined in Akure, Ondo State, told her they don’t
pay salaries but only allow their staff to have appearance fees in
order to promote hard work. But she soon discovered, to her dismay,
that most clients wouldn’t pay the fee after proceedings, and
requesting yourself could get you a scolding.

Those who paid only gave between a thousand and two thousand
naira to cover transport expenses. As a result, she earned an
average of N2000 every week and, with fares and call cards expenses
deducted, only ended up with about N3000 each month.

“The principal will personally go for briefs where the
appearance fee is attractive and push juniors to stingy clients,”
she narrated.

Her search for jobs at other law firms did not bring a better
offer. Many promised salaries but would not pay for months, and
then you would have to let go. Some assure you of attractive
appearance fees, but prevent you from going to trials. At times,
they also lie that they’re handling a matter pro bono (free of
charge) just to mislead their employees into thinking they are not
making huge profits, she said.

So how did Ogunsola cope with other expenses? Her answer:
“Business and donations from family.”

“Most young lawyers live on business. Most female lawyers are
selling one thing or the other. At least, some people will
patronise out of pity,” she explained. “I’ve never been a fan
of sole income since my childhood. I just had to pick up from where
I stopped.”

She is into the fashion business now, she added, and is training
to become a seamstress. With her free time, she builds her private
practice by holding briefs for clients and other lawyers outside
the jurisdiction.

Another young female lawyer who narrated her experience of
psychological abuse and being overworked told The
ICIR she has left practice for the position
of company secretary at a micro-finance bank in Lagos. From
there, she hopes to delve into human resources after successfully
getting inducted by the Chartered Institute of Personnel Management
in Nigeria (CIPMN).

The National Minimum Wage Act
provides for remedies in case of non-compliance by employers

Not a global problem

Compared to other countries, including some in Africa, lawyers
in Nigeria are not doing very fine. Based on a 2016 survey^[5] reported by Delta Quest Media^[6], an American lawyer who
is just one to four years at the bar can up to a £166,510 (N75.8
million) in a year. Lawyers in Switzerland earn an average of N69.7
million, and those in South Africa with only one to three years of
work experience earn up to N63.8 million.

Tsholofelo Tsholofelo, a lawyer in Botswana, confirmed that
lawyers in the country do not get paid below the national minimum
wage of about $85 per month (and there are talks of raising this to
$350). Lawyers who are maltreated report to the Botswana Law
Society, which holds lawyers and firms accountable.

“It is very active,” he added. “You can get disbarred for
unacceptable behaviour.”

Ayomide Shittu, a US-based lawyer and graduate of the University
of Texas School of Law, also told The
ICIR lawyers in the United States are not an
exception to the national minimum wage of $1,160 (N419,000) per
month and there is no prejudice against so-called junior
lawyers.

“US lawyers are paid better because the US is a more successful
country and the laws about wages are enforced,” she explained.

“If someone pays you less than minimum wage, you can report to
the US Department of Labor and they will sue them. Also, no one is
going to even take that job so the employer won’t offer it. Law
firms are serious companies. No one is going to pay you less
because they feel like they are doing you a favour.”

Section 13 of Nigeria’s amended National Minimum Wage Act
empowers trade unions to demand compliance with the law on behalf
of their members through the court. Complaints may also be filed
with the minister of labour and employment.

Benson Upah, the NLC’s head of information, said the law is not
fully operational yet and processes are still ongoing to ensure its
implementation. He also said the Congress has not had records of
companies in the past not paying, but it plans to exploit remedies
available to it in seeking compliance including going to court
where necessary.

Likewise, the labour ministry’s deputy press director, Rhoda
Iliya, told The ICIR that aggrieved
persons who visit the ministry’s headquarters at the federal
secretariat or send an email will be appropriately directed.

What is the NBA doing?

The Nigerian Bar Association (NBA) is the professional
association of all Nigerians admitted to the bar. Aspirants for key
positions at the NBA have often included better welfare for junior
lawyers as part of their campaign promises, but do close to nothing
after elections.

“Every candidate comes with the mantra and says he will bring
back the minimum wage for lawyers, but they don’t really mean it.
They just say those things like typical Nigerian politicians,”
Stephen remarked.

NBA president, Paul Usoro, in his acceptance speech^[7] last year stressed
the need to motivate, take care of, and improve the compensation
packages of young lawyers. His predecessor, Abubakar Mahmoud, in
his 2016 inaugural speech^[8] was also particular
about developing “a minimum standard and practices for the
employment of younger lawyers in law firms across the country”.

Towards fulfilling this, the NBA under Mahmoud’s
leadership set up a 13-man committee^[9] to formulate a
framework on the issue of welfare for all lawyers. Headed by the
then NBA vice president, the committee proposed a minimum salary of
N50,000 for young lawyers and N25,000 of corps members.

It recommended the establishment of a Welfare Monitoring
Committee to act as a task force and watchdog in ensuring that the
new policies are adhered to. It suggested also that there should be
awards to recognise firms with a friendly disposition to
welfare.

Isiaka Olagunju, former NBA general secretary, however,
confirmed that the National Executive Council has yet to approve
the committee’s blueprint submitted to it in February 2018.

Improve the economy, enforce wage laws

It is the view of Shittu that the fortune of lawyers in Nigeria
is a direct reflection of how well the larger economy is
performing, and it is not only lawyers who are victims of the
system.

“Lawyers are underpaid because everyone is underpaid,” she
suggested, adding that “this is so because there is no enforcement
of minimum wage laws.”

Laditan Adekunle, a senior state counsel for the Lagos State
government, has a similar assessment. He advised that one way to
improve lawyers’ financial welfare is for the NBA to ensure that
perfection of titles at the land registry can only be done by legal
practitioners.

Another crucial step towards improving the financial conditions
of lawyers, according to Kemi Sulyman-Akanbi, is to diversify legal
practice, which is presently limited compared to what is obtained
in other countries. Exploring untapped areas of law will open the
doors to new career opportunities, she said.

“The rate at which lawyers are being churned out year in year
out is huge, and the opportunities for work as far as Nigeria is
concerned are not commensurate. There’s too much manpower, and
fewer opportunities to absorb it; and that will affect the pay
because if a lawyer says he is not going to take a job, there are
thousands more who are willing to,” said Akanbi, an expert in
labour law and lecturer at the University of Ilorin.

“Globally, there is what we call super specialisation in law. In
some law firms in other countries, they focus only on energy law,
artificial intelligence, humanitarian law etc. Here, we just have
essentially criminal law, civil law, and a few other areas. There
is, therefore, need for reorientation to open up new areas.”

She agreed there should be a minimum wage for lawyers but
expressed doubt about it—as well as proposals to make the law a
second-degree course, bringing a lasting solution. Particularly, a
minimum wage might lead to a reduction in firms’ workforce so as to
cut costs and a greater number of unemployed lawyers, “if my
earlier recommendations are not in place”, she said.

Akanbi also emphasised that the bulk of the burden of putting an
end to poor remuneration lies with the NBA. She wonders why,
lawyers who are interpreters and ultimately drafters of the law
allow themselves to be cheated, despite the clear provisions of the
Labour Act.

“It is the lawyers themselves that need to act; there is little
the government can do. We need lawyers to take their fortune into
their own hands.”

Editors Note; ^[10]Written by
By ‘Kunle Adebajo and originally published
in.icirnigeria.org^[11]

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How Nigerian Ambassador Secured Release of Vessels,
Crewmen in E/Guinea

The Nigerian Ambassador to Equatorial Guinea, Toko Ali
Gongulong, together with the assistance of the Defence Attache’,
Navy Captain Seyi Oladipo, and officials of the Nigerian Maritime
Administration and Safety Agency (NIMASA), facilitated the release
of the Nigerian-flagged vessel, MV CHARIS, which was attacked by
unknown assailants on May 5, NewsDigest has gathered.

The MV CHARIS, which was rescued by personnel of the Spanish
Army and handed to the Equitorial Guinea’s Government, has been
released to Nigeria, after the intervention of Mr. Gongulong.

Reports had circulated on certain online news platforms earlier
in the week claiming that Nigerian crewmen were arrested in Malabo,
Equatorial Guinea, on suspicion of involvement in piracy
activities.

The President of Equatorial Guinea, Teodoro Nguema Obiang
Mangue, also went on air, on their national radio, to announce that
10 sea pirates of Nigerian origin were arrested with regard to an
attack on a vessel, MV BLUE MARLIN.

It was on this premise that the Nigerian Ambassador, the Defence
Attaché, and officials of NIMASA, in a combined effort, moved to
correct the erroneous information and thereafter secure the release
of the Nigerian crew.

Meanwhile, a clearer light on the details of the incident
involving the Nigerian-flagged vessel, MV CHARIS, has now emerged.
MV CHARIS is a tugboat, which was on its way to execute a vessel
recovery contract in Equatorial Guinean territorial waters, when it
was attacked by unknown armed assailants on Sunday, May 5,
2019.

The vessel was commandeered by the attackers and used to attack
the much larger Maltese-flagged vessel, MV BLUE MARLIN, around the
same area of the initial attack. However, in the latter case, the
Captain of MV BLUE MARLIN was able to send a distress call, which
was responded to by a Spanish Navy vessel.

It was the intervention of the Spanish Navy that stopped the
attack, as the attackers took to their heels at the approach of the
naval ship. The fate of some of the assailants is still
undetermined.

Both MV BLUE MARLIN and the MV CHARIS were subsequently handed
over to the Equatorial Guinea Navy by the Spanish Navy, as the
incident was clearly in their jurisdiction.

At this point, a misunderstanding of the specifics occurred
between the arresting authorities because on arrival in Malabo, MV
BLUE MARLIN was docked for repairs, with its crew treated decently,
while MV CHARIS and its crew were detained by the police under
threat of being charged with piracy, whereas they were equally
attacked and hijacked by the pirates.

However, the eventual release of MV CHARIS and its crew was made
possible by the joint effort of the Nigerian Ambassador, the
Defence Attaché, and officials of NIMASA.