Prof. Ogugua V. C. Ikpeze Phd, FCIARB, FICMC (2nd Assistant General Secretary, 2002-2004) Replies Mrs Funke Adekoya, SAN

In his post of few days ago, Adeke Aondongu Abel Esq. speaking on “NBA Elections 2020 and Salaries of Young Lawyers”, said inter alia: “Sometime in 2002, a successful motion was raised before the NBA NEC for a minimum wage for Lawyers. One of the current aspirants for the Office of the NBA President was instrumental to that decision as the then General Secretary of the NBA. Till date, no other administration has improved on the little achievements of that administration. Unlike other aspirants who are making promises, Dele Adesina SAN has actually been successful in ensuring a minimum wage for generality of lawyers in Nigeria, and I am sure he can do it again.”

Mrs. Funke Adekoya SAN has personally decided to join issue with this young but erudite Lawyer to say that the facts stated by Adeke in his write-up were not true. In her rejoinder, Mrs. Funke Adekoya SAN stated: “I have read the article. The young Lawyer who wrote it was misinformed. I was the 1st Vice-President of the NBA when Dele Adesina was General Secretary and Wole Olanipekun was President. We did not institute or mandate any minimum wage for Lawyers during our tenure.”

I beg to differ from Mrs. Funke Adekoya SAN’s assertion above. With respect, Mrs. Adekoya SAN was very wrong in her assertion and Adeke stated the absolute facts. Contrary to Mrs. Adekoya SAN’s wrong assertion that there was no mandate on any minimum wage for Lawyers during our tenure, I want to remind her that this was one of the highly deliberated policies of that administration and both of us were National Officers. I was the 2nd Assistant General Secretary. The Minutes of the NBA NEC Meeting which held at Grand Hotel, Asaba, Delta State on the 20th to 21st of March, 2003 stated inter alia under the caption WELFARE OF JUNIOR LAWYERS: “The President suggested the setting-up of a Welfare Committee to be chaired by the 2nd Vice-President, Prince Lanke Odogiyan, with the Welfare Secretary, Rueben James Esq., as Secretary. The Committee is to look into the issue of remuneration for junior Lawyers working in Chambers and on other related welfare issues.”

Among the prominent members of NEC who contributed to the discussion were Mr. O.C.J. Okocha SAN, Past President; Mr. Ibrahim (Jam-Jam of blessed memory); Mr. Richard Ahonaruogho; Mr. Okey Ohonda; and, Mr. Awoniyi Alabi, the National Legal Adviser. On the suggestions by some of the discussants that the issue of welfare of junior Lawyers should be reserved for the Branches so that the Branches should handle it, the General Secretary, Dele Adesina SAN, responded as follows: “The General Secretary, (Dele Adesina SAN) said that the matter is better handled at the National Executive Committee level so as to make it an NBA National Policy on remuneration of junior Lawyers. That since members of the Committee will come from different Branches; the recommendation of the Committee will of necessity accommodate the peculiarity of the Branches.” The Committee was subsequently set-up by the NEC at that meeting. Records show that Mrs. Funke Adekoya SAN was present at the said NEC Meeting.

The Minutes of the NBA NEC Meeting held at Leadership Institute Hall, Dandaura Road, off Ibrahim Taiwo Road, G.R.A., Jos, Plateau State on the 24th to 25th of July 2003, took the matter further. At this meeting, the Chairman of the Committee, Prince Lanke Odogiyan, presented the Committee’s Report. After a long discussion which witnessed some of the following discussants who included Mr. Bisi Ademuwagun, Mr. J.K. Gadzama SAN, Mr. Oyelola, Akuzamus Esq., Chief Mamman Mike Osuman SAN, and Mallam Yusuf Ali SAN, the following decisions were taken by the NEC:

i. “That the Executive should proceed with the implementation of the recommendations of the Committee pertaining to the Insurance Scheme.”

ii. “NEC approved and fixed the minimum wage for Lawyers serving in Chambers thus:
Group A to consist of Lagos, Abuja, Port-Harcourt, Kano, Kaduna and Ibadan with a minimum wage of One Hundred and Eighty Thousand Naira (N180,000) per annum.

Group B comprises of State capitals created before 1996 but including Onitsha and Warri with the minimum wage of One Hundred and Forty-Four Thousand Naira (N144,000) per annum.

Group C comprised of other State capitals with the minimum wage of One Hundred and Twenty Thousand Naira (N120,000) per annum.”

iii. “NEC also approved the placement of Two Million Naira (N2,000,000) Endowment Fund in a fixed deposit for distressed Lawyers as suggested by the Committee.”

All the above decisions of the NEC were submitted to the Annual General Meeting (AGM) of the Association which held on the 29th of August 2003 in Enugu.

At the Conference of the NBA on the 22nd to 27th of August 2004 at Abuja, the Brochure of the Conference contained the President’s Report at pages 21 and 22, where the President stated inter alia as follows: “At the Annual General Meeting which held on the 29th of August 2003, approval was given to our recommendation to fix minimum wages for practising Lawyers through-out the country. Pursuant to this decision of the General Meeting, the country has been grouped into three (3) zones. Group A comprised Lagos, Abuja, Port-Harcourt, Enugu, Ibadan, Kaduna and Kano………… Although, there is no means or power of enforcing these minimum wages, senior colleagues and principals all over the country are enjoined to adhere strictly to them and ensure that their juniors are fairly treated.”

He went further to say that: “I note with satisfaction that a good number of the seniors and principals across the country have not only complied but are also improving on the recommendations.” On the Endowment Fund, the President’s Report also stated as follows: “At the same time and further to the Resolution of the last Annual General Conference, an account has been opened with a fixed deposit of Two Million Naira (N2,000,000) to commence the Endowment Fund for distressed Lawyers through-out the country. Branch Chairmen are enjoined to always inform the National Secretariat in case any of their members who deserve to benefit from any of the policies.”

This information can be confirmed from the official Records of the NBA at the National Secretariat. I am compelled to reply Mrs. Funke Adekoya SAN so as to put the records straight and to state that she was the one that conveyed a misinformation to the public and not Adeke Aondongu Abel Esq. My humble self and Mrs. Adekoya SAN were National Officers of the Association and members of the National Executive Committee at the material time. We, as members of the Bar, and particularly Senior Members, must be able to draw the line between playing politics and misrepresentation of facts. We are not politicians. We are Lawyers. Why Mrs. Funke Adekoya SAN had to deny one of the achievements of the administration in which she was the 1st Vice President, only she can tell.