NBA implements 10% fee for deeds 1st October

The Nigerian Bar Association (NBA) Udu Branch has taken a significant step towards ensuring a standardized and dignified scale of remuneration for legal practitioners in the area. 

According to a report submitted by the Branch's Remuneration Committee, chaired by Francis Avbenagha, Esq., the Committee has proposed an operational framework to implement the NBA Remuneration Order for Legal Practitioners, 2023.

The Order stipulates that lawyers are entitled to a fee of 10% of the value of the property for preparing deeds of assignment. To ensure compliance, the Committee proposes a centralized deed registration protocol, stamping and sealing process, and payment procedure.

Full statement below:

REPORT OF THE NBA UDU BRANCH REMUNERATION COMMITTEE

Date of Constitution: 10th August 2025

Committee Members:
Francis Avbenagha, Esq. (Chairman)
Werekumor Gomeromor, Esq. (Secretary)
Henry Ogidiagba, Esq. (Member)

1.0 Introduction and Historical Context

Pursuant to the resolution passed at the General Meeting of the Nigerian Bar Association (NBA), Udu Branch, held on the 10th day of August 2025, a three-man Remuneration Committee was constituted. This action was taken in direct furtherance of the NBA Remuneration Order for Legal Practitioners, 2023.

The Remuneration Order itself was established to address the long-standing issue of the undervaluation of legal services and the detrimental practice of undercutting fees amongst legal practitioners. Its primary purposes are:

To ensure a standardized and dignified scale of remuneration for legal work.
To promote the sustainability and economic viability of legal practice.
To safeguard the welfare of members of the Bar.
To enhance the overall quality of legal services by ensuring practitioners are justly compensated.

This report outlines the operational framework proposed by the Committee to ensure the effective implementation of the Order within the Udu Branch, specifically concerning the preparation of deeds of assignment.

2.0 The Relevant Provision of the Remuneration Order 2023.

The Order stipulates that for the preparation of instruments relating to the sale, lease, or mortgage of land, such as a Deed of Assignment, the legal practitioner shall be entitled to a fee of ten percent (10%) of the value of the property as consideration for their professional services.

3.0 Operational Framework for Implementation

To guarantee adherence to this directive and facilitate seamless collection, the Committee proposes the following step-by-step procedure:

3.1 Deed Registration Protocol

A central Deed Register shall be established and maintained at the Committee's Secretariat. To facilitate this:

Every member of the Branch shall, henceforth, prepare five (5) copies of every Deed of Assignment, as opposed to the traditional four (4).

All five copies must be submitted to the Secretariat for the mandatory stamping and sealing process.
The fifth copy shall be retained by the Committee for record-keeping and audit purposes.

The Committee acknowledges that physical storage may become challenging and proposes a future migration to a digital record-keeping system.

3.2 Stamping and Sealing Process

All submitted deeds must carry a special official stamp and seal of the Udu Branch Remuneration Committee.
The physical seal will be in the custody of the Branch Chairman or the Committee Chairman, subject to the Branch's approval.

All five (5) copies of the deed must bear the original seal. Members are advised to view the cost of procuring the seal as a strategic investment, given that a minimal initial outlay guarantees compliance and enables the collection of significant fees as prescribed by the Order.

3.3 Payment Procedure by Clients

The Branch is finalizing the opening of a dedicated bank account with a reputable bank. Upon confirmation of the account details, members will be promptly notified. Members shall instruct their clients to pay the requisite 10% fee directly into this designated branch account. Upon confirmation of receipt of funds, the Branch shall remit the member's share to their provided account details within 24 to 72 hours.

Important Note: The stamping and sealing of any deed by the Branch Secretariat is contingent upon the Branch receiving an alert confirming the payment of the full 10% fee into its designated account.

3.4 Committee Secretariat
Subject to the Branch's approval, the interim Secretariat for the Remuneration Committee shall be located at:
 E.F. Avbenagha & Co.
 98 Orhuwhorun Road, by Oxford School Junction,
 Ekete-Ovwian, before Kepas Filling Station,
 Udu Local Government Area.

Members would submit their deeds for stamping at this location and simultaneously provide their personal bank account details to facilitate payment.

4.0 Compliance and Enforcement

4.1 Monitoring Sub-Committee

A Monitoring Sub-Committee will be established to ensure strict compliance. Its mandate will include:

Conducting unannounced visits to any law firm within the Udu jurisdiction from 1st October 2025 onwards.
Requesting to inspect deeds prepared by practitioners in the firm to verify compliance with the 10% fee directive.
Reporting any member found to have collected a fee below the mandated 10% to the Branch or the Remuneration Committee for further action.

4.2 Disciplinary Measures for Non-Compliance

The names of defaulting members will be collated and a formal petition will be filed against them with the Legal Practitioners Disciplinary Committee (LPDC).

Subject to the LPDC's findings, the Branch will take decisive action, which may include the temporary closure or barricading of the defaulting practitioner's office.

Senior lawyers are to impress upon their junior colleagues the imperative of strict adherence. Where a junior colleague is found in violation, the law office where they practice will be shut down for 7 days.
Denying the Monitoring Team access to prepared deeds will be viewed as a serious infraction and will attract disciplinary measures.

Proposed Members of the Monitoring Sub-Committee:
1.  Andrew Onodjefemua, Esq.
2.  Justice Otorudo Esq.
3.  O.E. Inekuku, Esq.

5.0 Appeal for Administrative Funding

The Committee recognizes the enormous task involved in creating the stamp and seal, managing the Secretariat, and enforcing compliance. These activities incur significant operational costs to initiate and sustain.

Consequently, the Committee respectfully appeals to the Branch to approve that 5% of the 10% fee collected be retained by the Branch. This allocation will be dedicated solely to funding the administrative expenses of the Remuneration Committee, ensuring the longevity and effectiveness of this initiative.

Respectfully Submitted,

Francis Avbenagha, Esq.
(Chairman, NBA Udu Branch Remuneration Committee)

14/9/2025.