By Ismail Jibril Esq DL, LL.B, LL.M (DRS)
Introduction The recent release of the Nigerian Bar Association (NBA) minimum charges scale for private practitioners has sparked intense debate within the legal profession. While the new scale aims to ensure that lawyers are adequately compensated for their services, it has also highlighted the glaring disparity between the welfare packages of private and public sector lawyers. This article argues that it is high time for a review of the welfare package for lawyers in the public service to ensure that they are fairly remunerated and motivated to deliver quality service. The article carried out a comparative analysis of welfare package of lawyers in the public service in other countries so as to give insight into best practices around the world.
The NBA New Minimum Charges Scale: A Wake-Up Call
The NBA minimum charges scale is a bold attempt to standardize legal fees and protect lawyers from exploitation. The scale provides a framework for lawyers to charge clients fairly for their services, taking into account factors such as the complexity of the case, the lawyer’s level of experience, and the location of the client. However, while the effort of the current leadership of NBA in establishing the new scale of charges is highly commendable, it has also exposed the wide gap between the earnings of private practitioners and their counterparts in the public sector; that are also currently facing untold economic hardship with their meager salary earnings. NBA ignoring the lawyers in the public sector at this critical time is not admiring and highly discouraging.
Lawyers in the public sector, including those in government ministries, departments, courts registries and judges of lower bench and magistracy, are often poorly remunerated and lack the freedom to make additional earnings in the light of the effect and dictates of the 5th schedule of 1999 constitution of the
Federal Republic of Nigeria (as amended) to wit: code of conduct for public officers, which prohibit a public officer from embarking on any other venture or trade outside the scope of public service except farming. This seriously limited the opportunity of public officers earning additional income outside their monthly wages and allowances. However, for lawyers in the public service, the privileges as a legal practitioner and solicitors are curtailed and limited to their schedules in the MDAs and consequently their income is limited to national minimum wage prescribed in the National Minimum wage Act, 2024, which currently fixed the minimum wage at N 70,000; the consequential adjustment of this amount on the income of a lawyer at the entry point of grade level 09 in the public service, is nothing to be proud of as professionals.
Despite their critical role in providing legal advice and representation to the government and members of the public; public sector lawyers in Nigeria according to some notable writers are currently subjected to:
1. Low salaries and allowances (Nigerian Bar Association, 2020)
2. Limited opportunities for career advancement and professional development (Ogundipe, 2019) • Inadequate resources and infrastructure (Adeyemi, 2020) 1. High workload and stress levels (Akintunde, 2019)
Comparative Analysis with Other Countries
A review of the welfare packages for public sector lawyers in other countries reveals that Nigeria lags behind in terms of compensation and benefits. For instance:
In the United States, public sector lawyers are paid salaries ranging from $60,000 to over $160,000 per year, depending on their level of experience and location (Office of the United State Attorneys; United States Department of Justice, 2022)
In the United Kingdom, public sector lawyers can earn salaries ranging from £59,848 to over £100,000 per year, depending on their level of experience and location (UK Government, 2022)
In Canada, public sector lawyers can earn salaries ranging from $56,459 to over $128,990 per year, depending on their level of experience and location (Government of Canada, 2022)
In Australia, public sector lawyers can earn salaries ranging from AU$80,000 to over AU$105,000 per year, depending on their level of experience and location (Australian Government, 2022)
In addition to better wages, public sector lawyers in these countries also enjoy better benefits and incentives, such as: 1. Comprehensive health insurance; 2. Retirement plans and pension schemes;
• Paid vacation and sick leave; 1. Opportunities for career advancement and professional development; 2. Access to cutting-edge technology and resources.
Consequences of Neglect of Public Sector Lawyers in Nigeria The neglect of public sector lawyers in Nigeria has far-reaching consequences, including:
1. Brain drain: Talented lawyers are often lured away from the public sector by more lucrative offers from private firms (Ogundipe, 2019) or Japa to other countries in pursuit of a greener pasture.
2. Low morale: Poor working conditions and inadequate compensation can lead to low morale and decreased productivity among public sector lawyers (Akintunde, 2019)
• Inefficient justice delivery: The lack of motivation and resources among public sector lawyers can compromise the quality of justice delivery, leading to delays and inefficiencies in the administration of justice (Adeyemi, 2020)
1. Corruption and abuse of office: poor remuneration of lawyers in the public sector will encourage abuse of office and other heinous form of corruption.
Comparative Analysis of Professional Bodies’ Efforts on Welfare of Members in Public Service
The welfare of public sector lawyers is not an isolated issue, as other professional bodies have also made efforts to improve the welfare of their members in the public service. A comparative analysis of these efforts can provide valuable insights and lessons for the Nigerian Bar Association (NBA) and other stakeholders.
Medical and Dental Council of Nigeria (MDCN) The MDCN has been at the forefront of advocating for better welfare for medical and dental professionals in the public service. In 2020, the MDCN negotiated a new salary scale for medical and dental professionals in the public service, which resulted in significant increases in their salaries and allowances (MDCN, 2020). The MDCN has also established a welfare fund to support its members in times of need.
Nigerian Medical Association (NMA) The NMA has also been actively involved in advocating for better welfare for medical professionals in the public service. In 2019, the NMA embarked on a nationwide strike to demand better working conditions, salaries, and allowances for its members (NMA, 2019). The strike resulted in significant concessions from the government, including the establishment of a new salary scale and improved working conditions.
Nigerian Society of Engineers (NSE) The NSE has also made efforts to improve the welfare of its members in the public service. In 2018, the NSE negotiated a new salary scale for engineers in the public service, which resulted in significant increases in their salaries and allowances (NSE, 2018). The NSE has also established a welfare fund to support its members in times of need.
A comparative analysis of the efforts of these professional bodies reveals some common themes:
1. Negotiation and advocacy: All three professional bodies have engaged in negotiation and advocacy with the government to improve the welfare of their members in the public service.
2. Salary scales: Each of the professional bodies has negotiated new salary scales for their members in the public service, resulting in significant increases in their salaries and allowances.
• Welfare funds: Two of the professional bodies (MDCN and NSE) have established welfare funds to support their members in times of need.
1. Industrial action: The NMA has embarked on industrial action (strike) to demand better working conditions, salaries, and allowances for its members.
Lessons for the NBA The NBA can draw some valuable lessons from the efforts of these professional bodies:
1. Negotiation and advocacy: The NBA should engage in negotiation and advocacy with the government to improve the welfare of its members in the public service
2. Salary scales: The NBA should negotiate new salary scales for its members in the public service, taking into account the NBA minimum charges scale. • Welfare fund: The NBA should consider expanding the already established welfare fund to support its members in the public service in the times of need. This is because this category of lawyers are also financial members of the Association and deserve such support in the face of the current economic quagmire in the country.
1. Industrial action: The NBA should consider embarking on industrial action (strike) by boycotting courts, if necessary, to demand better working conditions, salaries, and allowances for its members in the public sector.
Recommendations and Call to Action
In light of the NBA minimum charges scale and the comparative analysis with other countries and the successes recorded by other professional bodies in establishing a good welfare package for their members in the public sector in Nigeria. it is imperative that the government reviews the welfare package for lawyers in the public sector. This should include:
1. Salary increases and benefits commensurate with the NBA minimum charges scale
2. Improved working conditions and resources
• Opportunities for career advancement and professional development 1. Incentives for retention and motivation
Conclusion The welfare of public sector lawyers is critical to the effective administration of justice in Nigeria. The NBA minimum charges scale and the comparative analysis with other countries have highlighted the need for a review of the welfare package for public sector lawyers. It is time for the government to take concrete steps to address the disparities between private and public sector lawyers and ensure that public sector lawyers are fairly remunerated and motivated to deliver quality service.
The welfare of public sector lawyers is a critical issue that requires urgent attention. The NBA can draw valuable lessons from the efforts of other professional bodies, such as the MDCN, NMA, and NSE. By engaging in negotiation and advocacy, negotiating new salary scales, establishing a welfare fund, and considering industrial action by members of NBA nation-wide to press for a better welfare package for its members in the public service, judges and magistrates on the lower bench of our nation’s judiciary.
References:
Adeyemi, A. (2020). The State of Public Sector Lawyers in Nigeria. Journal of Law and Policy, 10(1), 1-15.
Akintunde, O. (2019). The Challenges Faced by Public Sector Lawyers in Nigeria. Nigerian Bar Journal, 10(1), 1-10.
Nigerian Bar Association. (2020). NBA Minimum Charges Scale.
Ogundipe, T. (2019). Brain Drain in the Nigerian Public Sector: The Case of Lawyers. Journal of Public Administration and Policy Research, 9(2), 1-12. United States Department of Justice. (2022). Attorney Pay Scale; www.justice.gov/usao/carreer-ce…. accessed on the 7th march, 2025 at 2:15 pm.
UK Government. (2022). Salary Scales for Government Lawyers. https://uk.indeed.com accessed on the 7th march, 2025 at 2:20 pm
Government of Canada. (2022). Salary Ranges for Government Lawyers. http://ca.indeed.com accessed on the 7th march, 2025 at 2:28 pm
Australian Government. (2022). Salary Scales for Government Lawyers. https://www.glassdoor.com.au accessed on the 7th march, 2025 at 2:35 pm.
Medical and Dental Council of Nigeria. (2020). New Salary Scale for Medical and Dental Professionals. Nigerian Medical Association. (2019). NMA Embarks on Nationwide Strike. Nigerian Society of Engineers. (2018). New Salary Scale for Engineers. Nigerian Bar Association. (2020). NBA Minimum Charges Scale.
Ismail Jibril is Senior Registrar in the Federal High Court of Nigeria; currently heading katsina division of the court. Tel. 08063124258, email; ismus4ever@yahoo.com
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