The journey to the top in any profession is always tough and tortuous, and for the legal profession it is doubly tedious, especially for women. For Nigerian Lawyers in the United Kingdom, the challenges of rising to the peak of the profession are quite daunting, but obviously not insurmountable, because by a dint of hard work and obstinate determination, a few Nigerian Lawyers have worked their way to the pinnacle of their careers by being elevated to the rank of King’s Counsel in the UK, the most recent being Nneka Akudolu KC. The Learned Silk, in this riveting interview, shared her story with Onikepo Braithwaite and Jude Igbanoi
Congratulations. You are the sixth Black Female King’s Counsel in the UK, elevated to the rank last year. Kindly, give us an overview of your journey, and whatever challenges you may have faced along the way. It seems that in the UK, Solicitors can also apply to be elevated to the rank of King’s Counsel. How so?
I didn’t make the most of the opportunities that I had, growing up. My mum worked extremely hard to send us to a private school, but I really didn’t feel that education was for me.
I left school with only a handful of qualifications, and went to work in hospitality in London. It didn’t take long for me to realise that, this was not going to be my long term future. I happened to see an advert in my local newspaper for Access Courses. They are designed for individuals who have taken some time away from education, and unknown to me at the time – would enable me to get into University. I chose an Access to Legal Studies course, as I thought it may make me more employable. I did not consider for one minute, that I would pursue a career at the Bar. Having completed that course, I then chose to study an LLB in Law and Politics at the Cardiff University in Wales. Once there, I learned more about the legal careers available to me. With timing not being my strongest attribute, I gave birth to my daughter half way through my law degree, but that did not deter me, as by this stage I was confident that I wanted to be a Lawyer. The Bar appealed to me: I enjoy public speaking, and I also quite liked the idea of wearing a wig and gown!
After University I studied for my Bar finals, and was fortunate enough to secure pupillage (training to become a Barrister) first time around. Pupillage with a two year old was quite challenging to say the least, but I had a lot of family support which was invaluable. I have been practicing in Criminal law now for over 20 years, and was Sworn in as (then) Queen’s Counsel in March 2022.
It is right that, Solicitors can also now be elevated to the rank of King’s Counsel; many have the same rights of audience enjoyed by Barristers in the Courts in England and Wales, so are able to demonstrate the excellence in both oral and written advocacy that is required.
What words of wisdom do you have to impart to Females who wish to excel like you have?
Be fearless. All too often we may shy away from making applications because we don’t think we are good enough, or don’t want to experience rejection. As I have navigated my way through my career, I, like many others, have fallen victim to the nagging psychological irritation that is imposter syndrome. In 2019, I was invited to apply to a set of Chambers, which enjoys the status of being one of the top three in the entire country. I found the prospect quite terrifying at first, but I knew I had the ability to excel there, so I had to shake those feelings of self doubt away. Less that three years after joining that set of Chambers, I applied and was successful in being appointed a Silk.
I think it is really important to align yourself with a good mentor, so that they can help you along your way to achieving your goals: someone who perhaps, has had similar experiences to your own, so knows the barriers you may have faced. Equally, it is important to be able to look at other remarkable women who have excelled in their careers, as their achievements will serve as inspiration to others. But, we certainly need more women in leadership roles. Sometimes, we may look at a post or role that becomes available and think we have a slim chance of achieving it. The only certainty in that situation, is that you have a 100% chance of not getting it if you don’t at least apply. So, my advice is to always go for it.
What are your views on diversity at the Bar in England and Wales?
We are still nowhere near where we need to be in terms of diversity in this profession generally, but, especially in leadership roles. It is important that the Bar and the Judiciary reflect the composition of society, and that is certainly not presently the case: one only need look at the current membership of the UK Supreme Court to illustrate this point.
I frequently visit schools in order to encourage students from working class and diverse backgrounds, to consider the Bar as an achievable and realistic career option. It is great to see so many students genuinely excited when they learn that the Bar is a place that would welcome them, and consequently, they embrace the idea of studying Law at University. Happily some of the students I have encouraged have gone on to undertake Law degrees, Bar finals and secured pupillage, and I couldn’t be more proud. The reality is that those who are students today, will become tomorrow’s King’s Counsel and tomorrow’s members of the Judiciary.
Would you say the profession in your jurisdiction is skewed in favour of male counterparts?
Without question, yes. There have been many trials that I have been involved in, where I am the only female within an all male line up. Last year my client was one of six Defendants in a drugs case, and every single other participant (including the Judge) was male. In addition, the 2022 statistics from the Bar Standards Board reveal that there are currently 368 female self-employed King’s Counsel compared to 1591 male. When I took Silk in 2022, there were 101 appointees, 45 of whom were women; historically, that is the closest we have been to gender parity, and I really hope that continues.
At the Central Criminal Court in London, for the first time, the number of female Judges now equals the number of men, but that is not the case for all courts across the country – for more women to be appointed – more need to apply!
As KC, you are considered to be a leader and expert in your area of practice. What is your area of practice, and why did you settle on that particular area?
I decided from a very early stage in my career, that I wanted to specialise in Criminal Law. I enjoyed that subject the most at University, and that continued when I undertook work experience – Criminal Law was just the most interesting. I also knew that within this area of practice my work would be varied, and that I would meet people from all walks of life. Being able to undertake jury trials, was also extremely appealing.
Is your practice both prosecution and defence? Which do you prefer?
I made the conscious decision when I started in practice, to prosecute and defend in equal measure. We are fortunate enough to have that choice here, which isn’t an available option in other jurisdictions. In my view, having the experience of prosecuting enables me to be a better defender and vice versa. I can’t honestly say which I would chose if I could only do one or the other, so I’m glad I don’t have to!
We know that unlike Nigeria where a Lawyer is permitted to practice as both, the legal profession in the UK is split, and your either a Barrister or Solicitor; though it seems that these days, Solicitors seem to be able to make limited appearances in some courts. Are there any advantages to splitting the profession into two? Would you recommend that we do the same in Nigeria?
Whilst there are two types of Lawyers in this county, (Barristers and Solicitors) the latter for years have had rights of audience and therefore, can undertake Crown Court advocacy like a Barrister. In addition, Solicitors may (should they wish to) wear wigs and gowns, when they appear in Court. There are also those who chose to be dual qualified, so presently there is not much difference between the UK and Nigeria, in terms of Lawyers being able to be a part of both branches of the profession.
Increasingly now, there are more Solicitors who are appointed King’s Counsel and also appointed to the Judiciary. This is a positive step, as those appointments invariably also bring much needed diversity to the bench.
Share your work experience with us as a Jury Advocate. Who is a Jury Advocate?
My experience as a Jury Advocate began with conducting trials involving low level assaults, theft and possession of drugs. Twenty or so years on, I prosecute and defend the most serious offences that an individual can be charged with. Being a Jury Advocate is primarily about being personable and persuasive. A jury of 12 men and women are selected at random, comprising ordinary members of the public who undertake their civic duty by judging their peers. In any given trial, I will ask questions of witnesses that I consider will assist the jury in determining the issues in the case. By far my favourite part of the process, however, is my closing speech. A powerful closing speech can turn a case around; everything is put together and presented in an easily understandable way, to persuade the jury that the arguments I have put forward are ones they can favour and ultimately find for the party I am representing. It is a great feeling!
To what extent are you in touch with your home country, Nigeria, professionally?
I do not have professional links with Nigeria, sadly, as I qualified and have always practiced in the UK. I am hoping that will change sometime in the future, though as I explore other opportunities throughout my career. I was delighted to learn that as I was appointed King’s Counsel in this country, I automatically have the title of ‘SAN’ in Nigeria.
Would you ever come back to Nigeria to practice?
As I have lived in the UK all of my life, I have never practiced or qualified in Nigeria, but I never say never!
What perception do the British have of Lawyers of Nigerian descent generally?
I certainly hold great admiration for my Nigerian counterparts. Only recently, myself and some colleagues attended the Opening of the Legal New Year at Westminster Abbey, and it was great to see two heavy weights from the Nigerian Bar also in attendance: Olawale Fapohunda, SAN and the current President of the Nigerian Bar Association, Yakubu Maikyau, OON, SAN. We made a beeline for them at the reception afterwards, and it was so interesting to hear some of their stories of life working in the legal profession in Nigeria; I was also over the moon that they knew who I was!
What are your views on the ongoing war in the Middle East, where so many lives have been lost?
It is terribly sad to watch what has been happening in the Middle East, I for one, will continue to pray for peace.
Thank you Learned Silk.
