TIPS FOR BETTER LEGAL DRAFTING SKILLS

TIPS FOR BETTER LEGAL DRAFTING SKILLS

“The brief of arguments of the appellants
consisted of forty-two pages. It was unnecessarily long, windy, confused,
confusing, repetitive, and it contained too many narratives rather than
arguments
….. The brief of arguments
of the appellants in this appeal is a clear example of how not to draft a brief
of arguments”
.   
         
Abiru, J.C.A.
Nagebu Co (Nig.) Ltd v. Uniy Bank Plc [2014]7 NWLR(Part 1405) 42


The above quote is the comment of
a Honourable Judge on the brief of argument of one of the parties in the suit,
well if you cannot recognise one, this is a classic bench slap and I wonder how
the lawyer must have felt listening to the Justice in open court, if it were
me, I will ask the floor to split open and swallow me whole have been slightly
embarrassed, well maybe not slightly. 
In the legal profession, there
happens to be a lot of writing, that’s why one of the invaluable assets that a
counsel must always possess is good drafting skills. Briefs of arguments contain
the story of a party on which the courts Justices are called upon to
adjudicate. Like all good stories, the arguments in brief must flow; they must
be consistent, they must be concise, they must be comprehensive, they must be
comprehensible; and they must be accurate. 
Some of the eternal qualities of
a good brief of arguments are brevity and precision, no one wants to read pages
of unnecessary information that will not help a client or like some lawyers do,
include lines from popular poems or dramas. A brief of argument must not be too
short as to leave out the essentials and must not be too long as to become
otiose. The goal must be to achieve maximum brevity consistent with accuracy
and clarity. 
A good brief does not allow for
verbosity and must be a succinct statement of a party’s argument in the appeal.
A well crafted brief makes for joyful reading while a badly crafted one is
tedious and laborious to understand and it is like a bad story which leaves an
audience disgruntled, disgusted and unhappy. This point was well made by the
Supreme Court in Ports & Cargo Handling services Company Limited & 3 Ors v.
Migfo Nigeria Ltd. & Anor (2013) 3 NWLR (Pt. 1333) 555 at para. G where
Galadima
, JSC stated thus:
“A brief of argument has the connotation of a really concise and succinct
expression of the appellant’s complaint and the respondent’s reaction on the
issue or issues presented to the court for consideration. Clarity, simplicity
and directness of expression are the hallmarks of a good brief. ‘Although the
rules of the Supreme Court do not limit a party to a number of pages in a brief
of argument, the brief should not be unnecessarily voluminous and contain
repetitive arguments of the issues settled.”
Counsel must understand that a
long and windy brief is discouraging to the court Justices saddled with the
determination of an appeal and can only amount to disservice to the cause of a
litigant. Litigation is not a long essay competition where success is
determined by the length of the brief of arguments and it has been said that repetition
does not improve an argument – Uwazurike v. Nwachukwu (2013) 3 NWLR (Pt.
1342) 503
The court of Appeal, speaking on
the necessary drafting skills a counsel must possess, said in SCOA
(Nig) plc v. Danbatta (2002) 13 NWLR (Pt. 785) 461 at 472 paras. D –F
thus:
“Drafting is an important tool in advocacy. A solicitor who could not
resent his client’s case clearly in the brief, if it is a case in the appellate
courts, or in the pleadings, if it is a case before the High Court or Federal
High Court, could not adequately represent the interest of his clients. An
otherwise good case is destroyed and lost by bad pleadings, …counsel should
pay more attention to drafting as no counsel could be good and make marks in
advocacy if he is poor in drafting mechanism”.  
As a lawyer,
being excellent at brief writing sounds like an awesome advantage but it takes
a lot more than wishes to make it happen. There is no substitute for committing
to perfecting both your written and spoken English by reading more, learning
new words and writing over and over and over again. Don’t forget that practise
makes perfect.

  

WHY YOU NEED A COMPANY SECRETARY

WHY YOU NEED A COMPANY SECRETARY

Every Company shall have a gateman
Secretary, so says the HR Manager law in Section 293 of The Companies and Allied Matters
Act, CAP. C20, Laws of the Federation of Nigeria. By secretary, I do not mean a
receptionist or a customer care practitioner; neither do I mean a person who
just assists with correspondences or making appointments nor that stern looking
woman who sits in front of the Executive- Director’s office and acts like she’s
the gate-keeper to the Promised Land. By Secretary, I mean a corporate officer
in charge of the official correspondences of the company, minutes of board
meetings, and records of stock ownership and transfer. 

 A company secretary is appointed
and can be removed by the Directors of a company, and like the Directors of a
company, the secretary plays a very important role in the company’s daily
administration. The part played by the Company Secretary is further strengthened
by the Corporate Affairs Commission (CAC) directive that all companies appoint a
Company Secretary and file evidence of same before the commission.

CAMA, in Section 298 provides that
the functions of a Company Secretary includes;
a. Attend
the meeting of the company, the board of directors and its committees,
rendering all necessary secretarial services in respect of the meeting and
advising on compliance by the meetings with the applicable rules and
regulations;
b.  Maintaining
the registers and other records required to be maintained by the company under
this Act;
c.  Rendering
proper returns and giving notification to the commission required this Act; and
d. Carrying
out such administrative and other secretarial duties as directed by the
director, or the company.  
It is the duty of the Company
Secretary to maintain certain statutory registers on behalf of the company
including; 
  • Register of members and shareholders.

  • Index of members where they are more than 50.
  •  Register of Debenture Holders 
  • Register of Directors/ Secretaries.
  •  Accounting records
  • Register of charges, and  
  • Register of interest in shares.

Furthermore, a secretary shall
not owe fiduciary duties (duty to act with good faith) to the company except where
he is acting as its agent, then he shall owe fiduciary duties to it, and as
such shall be liable to the company where he makes secret profits or lets his
duties conflict with his personal interests, or uses confidential information
he obtained from the company for his own benefit (Section 297).  

To be a Company  Secretary, such person must have the requisite
knowledge and experience to discharge the functions of a secretary, and in the
case of a public company, he shall be either a member of the Institute of
Chartered Secretaries and Administrators; or a legal practitioner; or a member
of the Institute of Chartered Accountants; any person who has held the office
of company secretary for a period of 3 years; or a corporate body or firm
consisting of the above mentioned people (Section 295).
Adedunmade Onibokun Esq. 
@adedunmade
LEGAL HURDLES OF REGISTERING BUSINESS IN NIGERIA: TAX PERSPECTIVE

LEGAL HURDLES OF REGISTERING BUSINESS IN NIGERIA: TAX PERSPECTIVE


Credits: fearlessforlife.com

Nigeria is a developing economy
and an economy which recently overtook South Africa to become the continent’s
largest economy following the recalculation of GDP and the world’s 26th largest
economy, the economy attracts foreign investors and local investments. An
entrepreneur plays an important role in economic growth and development and
there is an impressive rise in the number of self-employed individuals we have
in the country today, former American President – Ronald Reagan 1986 address to
the White House Conference on Small Business said, “the government’s view of
the economy could be summed up in a few short phrases: If it moves, tax it” as
the economy is moving its crystal clear the government will become stricter
with tax policies. Most entrepreneurs or intending entrepreneurs do not know
the basics of taxation have regards starting business in the country and will
be found wanting by the law.

Registration of business with
Federal Board of Inland Revenue Department of the Ministry of Finance for
income tax and VAT
.
(FIRS) requires that an applicant
who seeks registration for Income tax and VAT completes tax registration forms
for corporate income tax registration as well as VAT. The applicant submits an
application letter to the tax authority for a tax clearance certificate and,
for income tax purposes, registers at the integrated tax office. The
registration process requires submitting a completed tax office–issued
application (taxpayer registration input form, TRIF/2006/001 COYS) and the following
documents:
1) Completed FIRS questionnaire
 2) Memorandum and articles of association
(copy)
 3) Certificate of incorporation (copy)
 4) Directors’ names and addresses
 5) Tax advisor’s name and address
 6) 
Letter of appointment of a tax adviser and corresponding letter of
acceptance
 7) The date the company commenced business
And for larger companies:
 i) Names, addresses and mobile numbers of
major promoters and the chairman of the company, including their email
addresses
 ii) Other sources of income of the chairman
and the promoters of the company
 iii) Name and addresses of the principal
officers of the company including the chairman, managing director, legal
adviser and accountant
To register, the company must
submit the taxpayer registration input form in triplicate, and the original
certificate of incorporation must be presented for review by the controller.
Upon the completed taxpayer registration input form and all other documents
being received, a tax reference number is allocated. An application must be
filed for the tax clearance certificate; its issuance is not automatic.
There are Fee schedule for tax
clearance certificate:
 • Registration within 6 months of
incorporation: no cost will be incurred on this.
 • Registration after 6 months of incorporation
this will attract:
1. A pre-operation levy of NGN 20,000 for first-year
requests and NGN 25,000 for each subsequent year request, until the company
files a notice of commencement of business as per amendment to section 29 of
the Companies’ Income Tax Act No. 11 of 2007.
2. Companies that register after the start of operations
must file a set of audited accounts. TCC is issued based on tax paid for 3
years. If the position is at a loss, the TCC will be issued to reflect the
position.
Companies required to register for VAT
complete the VAT registration form VAT Form 001, which is obtainable free of
charge from all FIRS offices and return it to the integrated tax office, which
will issue a taxpayer identification number . Companies required to register
for VAT must do so within 6 months from the date of starting business
operations. Since the registration for corporate income
tax and VAT are done in the same place; 1 Tax Identification Number (TIN) is
issued to companies for all federal taxes. 
 Registration of personal income tax PAYE at
the State Tax Office
Employers shall register with the relevant
state tax authority for income tax withholding. Once the application is filed,
with a copy of the certificate of incorporation attached, a reference file is
opened for the company. It is safer to adhere to the law
than face its wrath, and adequate compliance to the tax authorities puts the
mind of an entrepreneur at rest.

BY: Sogo Akinola
Sogo Akinola
Nathan(sogoakinola@gbc-law.com) is a young commercial lawyer at Gbenga Biobaku
and co. He specializes in Taxation, oil and gas law and intellectual property.
He is a graduate of obafemi awolowo university and the Nigerian law school
lagos campus. He is a member of the Nigerian bar association and a member of
the Young International Arbitration Group and also an intending associate
member of the Chartered Institute of Taxation of Nigeria.
AMENDMENTS TO THE CABOTAGE ACT: IMPLICATIONS FOR THE NIGERIAN  OIL AND GAS INDUSTRY

AMENDMENTS TO THE CABOTAGE ACT: IMPLICATIONS FOR THE NIGERIAN OIL AND GAS INDUSTRY


Credits- google

Introduction

The  establishment of the  Coastal and Inland Shipping(Cabotage) Act
2003 (the Act)  to restrict the use of
foreign vessels in inland and coastal shipping trade and promote the
development of Indigenous man power in the Nigerian maritime industry. Under the
Cabotage Act, only Nigerian-built vessels wholly owned and manned by Nigerian
citizens may engage in coastal trade or cabotage within Nigerian waters.
Foreign vessels or tugs cannot tow within Nigerian waters except when rendering
assistance to persons, vessels or aircraft in danger or distress. Nigerian
waters include coastal, territorial and inland waters, and islands or waters
within the Nigerian Exclusive Economic Zone of Nigeria.

Hon, Emeka Ihcdioha and Hon.
Ifcanyi Ugwuanyi of the Federal House of Representative sponsored a bill to the
legislative house for the amendment of the Act. This bill is an obvious
reaction to the pronouncement of the Nigerian Federal High Court; Lagos
Division recently issued its decision in “Noble Drilling Nigeria Limited v
Nigerian Maritime Administration and Safety Agency”. 
Fact Of the Case
The Plaintiff, Noble Drilling
(Nigeria) Limited, an offshore drilling contractor operating in the Nigerian
oil and gas industry, was of the opinion that its activities within Nigerian
territorial waters (drilling operations) did not amount to “coastal trade” or
“cabotage” as defined under the Cabotage Act. The Plaintiff sought a
determination from the court on the questions of whether drilling operations
fall within the definition of the “coastal trade” or “cabotage” under Section 2
of the Cabotage Act; whether, upon a proper interpretation of the Cabotage Act,
drillings rigs fall within the definition of the ”vessel”; and whether the
Minister of Transportation acted ultra vires his powers under the Cabotage Act
to make regulations by including “Rigs” under the classification of vessels to
be subject to waiver fees in the Guidelines on Implementation of Coastal and
Inland Shipping (Cabotage) Act 2003; revised and issued in April 2007 (the
Guidelines). The Defendants on the other hand contended inter alia that the
definition of the word “ship” or “vessel” includes a drilling rig and so the
use of a drilling rig in the coastal trade or cabotage is as defined in Section
2 of the Cabotage Act. They also contended that since drilling rigs carry oil,
mud and other substances from the sea bed to the surface, they are vessels
within the contemplation of Section 2(a) and 2(d) of the Cabotage Act. The
decision of the court was greatly influenced by the definition given to the
word “vessel” in the Cabotage Act. Under Section 2 of the Cabotage Act, a
vessel is said to include “any description of vessel, ship, boat, hovercraft or
craft, including air cushion vehicles and dynamically supported craft, designed,
used or capable of being used solely or partly for marine navigation and used
for the carriage on, through or under water of persons or property without
regard to method or lack of propulsion;” In this case, the court stated that
the Defendant failed to show that a drilling rig is “designed, used or capable
of being used solely or partly for marine navigation for the carriage of
persons or property through, on and under the water” and so a drilling rig
could not be a vessel.
Furthermore, the court was quick
to point out that drilling rigs were not expressly mentioned as one of the
vessels eligible for registration under Section 22(5) of the Cabotage Act and
that the phrase “marine navigation” is crucial to the definition of a vessel
under Section 2 of the Cabotage Act. In reaching it conclusion, the learned
judge went on to state that the process of navigation was a horizontal movement
and so a drilling rig that exist solely to move crude oil from the oil well to
the surface of the sea cannot be termed a vessel within the purview of the
Cabotage Act as its operation amounts to a vertical movement of goods (crude
oil). In addition, the court held that the listing of rigs under the caption
“Foreign vessels” in clause 9.1.1 of the Guidelines issued by the Minister of
Transportation in April 2007 was wrongful on the ground that a drilling rig did
not fall within the definition of a “vessel” under Section 2 of the Cabotage
Act. The court however held that the Minister of Transportation did not act
outside his powers to make regulations under Section 46 of the Cabotage Act
with regards to the provisions on “Rigs” in the Guidelines.
Proposed Amendments to the
Cabotage Act
The proposed amendments include:
1)            Section 2(a) of the Act is replaced with “The carriage of
persons or goods by vessels from any place in Nigeria to any place above or
under Nigerian waters to any place in Nigeria, or from any place above Nigerian
waters to the same place or to any other place above or under Nigerian waters
where the carriage of the persons or goods is in relation to the exploration
and or exploitation of the mineral or nonliving resources in or under Nigerian
waters.”
2)            An alteration to Section 2b of the Act i.e the
definition of cabotage that replaces “persons” with “passengers” .
3)            Section 2(c ) of the Act is to be replaced with “The
carriage of persons or goods by vessels from any place in Nigeria to any place
in Nigeria or from a place above Nigerian waters whose carriage of persons or
goods is in relation to the exploration and, or exploitation of the Mineral or
non-living resources in or under Nigeria.”
4)            “Transportation” from the definition of Cabotage in
Section2 (d) of the Act.
5)            An alteration to extend the definition of “place above
Nigerian waters” under the Act to include “pipe rigs”, “FPSOs” and “floating,
storage and offloading platforms(FSO).” Also to expand the meaning of “vessel”
under the Act to include “rigs”, “FPSO” and “FSO”. Furthermore to expand the
list of vessels eligible for registration to include: “rigs”, “FPSO” and“FSO”.
Implications of the proposed
Amendment
It is important to note that the
Cabotage Act provides that vessels must be:
(I) wholly owned by Nigerian
Citizens
(ii) Registered in Nigeria
(iii) Manned by Nigerian citizen;
and
(iv) Built in Nigerian shipyards
Also, a surcharge of 2% of the contract sum performed by any vessel
engaged in cabotage is Payable. The application of cabotage to drilling rigs
and the like will trigger the need for the operators of such vessels to pay the
surcharge together with the 1% Nigerian Content Development Levy and ensure
compliance with the provisions of the Act. This will definitely increase the
cost of doing business for those companies. It is therefore important for the
oil producing companies involved in
drilling operations in Nigeria to proactively evaluate the l implications of
the proposed Amendments.The proposed amendment provides that the utilisation of any vessel in
any marine activity of a commercial nature will be subject to the Cabotage Act
and specifically lists rigs and similar vessels as cabotage vessels.

Sogo Akinola
08166205499 

– See more at: http://legalnaija.blogspot.co.uk/2014/07/the-new-pension-act-hope-for-nigerian.html#sthash.GWMPQtkD.dpuf

Sogo Akinola 
sogoakinola@gbc-law.com 
08166205499

*Sogo Akinola Nathan
a young commercial lawyer at Gbenga Biobaku and co. He specialises in
Taxation,oil and gas law and intellectual property. He is a graduate of
obafemi awolowo university and the Nigerian law school lagos campus. He
is a member of the nigerian bar association and a member of the Young
International Arbitration Group and also an intending associate member
of the Chartered Institute of Taxation of Nigeria

Sogo Akinola
08166205499 

– See more at: http://legalnaija.blogspot.co.uk/2014/07/the-new-pension-act-hope-for-nigerian.html#sthash.GWMPQtkD.dpuf

Sogo Akinola
08166205499 

– See more at: http://legalnaija.blogspot.co.uk/2014/07/the-new-pension-act-hope-for-nigerian.html#sthash.GWMPQtkD.dpuf

Sogo Akinola
08166205499 

– See more at: http://legalnaija.blogspot.co.uk/2014/07/the-new-pension-act-hope-for-nigerian.html#sthash.GWMPQtkD.dpuf

THE NEW PENSION ACT: HOPE FOR THE NIGERIAN EMPLOYEE

THE NEW PENSION ACT: HOPE FOR THE NIGERIAN EMPLOYEE


 

credit – www.bbc.co.uk

A pension is a fixed sum to be paid
regularly to a person, typically following retirement from service. There are
many different types of pensions, including defined benefit plans, contributory
schemes, defined contribution plans, as well as several others.

 

It is quite sad
that some people still associate pension with old age.  For the larger percentage of employees who
have been involved in the pension contributory scheme have a better idea of
what the scheme is all about and it is important for every employee in days of
active service to concentrate on their pension contributions from the first day
of employment, Those who have the archaic believe of pension been a scam or a
retirement talk should rather sit up and learn more about the contributory
scheme. The New Pension Act 2014 is an eye opener of the obvious benefits in
the contributory scheme.

The Pension Act 2014
On 1 July 2014,
President Goodluck Ebele Jonathan signed into law the “Act”, which repeals the Pension Reform Act 2004. The new Act serve
as the enabling legislation for the administration of the contributory pension
scheme. Act has some major amendments which everyone, employers and
employees should find quite exciting just as I do and benefit from the major
changes which were made in this new act to alleviate the sufferings of the
Nigerian Employee from the shackles of pension problems which the former Act
did not address. Some of the major changes are highlighted below:
Participation and contribution
The scope of
participation of the contributory pension scheme for employers in the private
sector has been decreased from minimum of five employees to three employees, which
enables wider participation for the informal private sector, this is a
wonderful development for employees in small scale employment, and they are not
left out of the contributory benefit to secure their future.
There is also an
increase in the rate of contributions, Under the Act, employers are to contribute
12% of the monthly emolument which was previously 7.5%, and the employees on
the other hand are to contribute 8% which was previously 7.5%. For an employer
that bears the total pension contributions of its employees they will be
expected to make 20% contribution. These contributions are applicable on
monthly emoluments only. It is important to note that the scope of the monthly
emolument has been given a wider definition than before i.e.  Monthly emoluments under the Act is defined as
the total emoluments as may be defined in the employees contract of employment
but shall not be less than a total of basic salary, housing allowance and
transport allowance.
Sanctions and punishments
The Act now
empowers the National pension commission to institute criminal proceedings
against employers for persistent refusal to remit pension contributions subject
to the fiat of the Attorney General of the Federation, which will be to the
delight of employees right now. Furthermore Pension operators who mismanage
pension funds are liable on conviction to not less than 10 years imprisonment and/or
fine of an amount equal to three-times the amount so misappropriated or
diverted now. As it is clear that the benefit of pension is on the high side,
some adamant employees still refuse to join this scheme, the pension act 2014
takes good care of these category of staffs by compelling an employer to open a
Temporary Retirement Savings Account (TRSA) on behalf of an employee that
failed to open an RSA within three (3) months of assumption of duty.
 

Credit- Google

Recovery of Pension
The employees
who have been involved actively in the contributory pension scheme often
complain about recovery of pension after loss of job, the worry centers around
the stipulated waiting period after a job loss, the new act has now given us a
reason to smile as the act has reduced the waiting period for accessing
benefits in the event of loss of job by employees from six (6) months to four
(4) months. So in a sad case were you lose your job, you can quickly smile to
the bank to access your benefits after 4months.
Finally It is
clear that the new pension Act 2014 is quite advantageous to the employees as
some keys issues have been addressed such as 
upward review of the penalties and sanctions, enhanced coverage of the contributory
pension scheme and informal sector participation, upward review of rate of
pension contribution, opening of temporary retirement savings account for
adamant employees and  access to benefits
in the event of loss of job .
Sogo Akinola
08166205499                     
*Sogo Akinola Nathan
a young commercial lawyer at Gbenga Biobaku and co. He specialises in
Taxation,oil and gas law and intellectual property. He is a graduate of
obafemi awolowo university and the Nigerian law school lagos campus. He
is a member of the nigerian bar association and a member of the Young
International Arbitration Group and also an intending associate member
of the Chartered Institute of Taxation of Nigeria
.*
CELEBRATING THE LIFE OF BAMIDELE ATURU

CELEBRATING THE LIFE OF BAMIDELE ATURU

The death of Mr Bamidele Aturu has shocked the legal world, his commitment to championing human rights and constitutionalism is a strong legacy by which he would be remembered. 


Mr Aturu was one of the founding members of a political group committed to pursuing deep-rooted democratic principles and holding those in power accountable to the governed – Democratic Alternative. His practice was very vibrant and he undeniably devoted his legal skills to representing the common man and promoting social justice and development in Nigeria.

Mr Bamidele was a fighter against power abuses when, as a member of the National Youth Service Corps, he refused to shake the hand of a military administrator  of Niger State, Col. Lawan Gwadabe, in 1988 during his NYSC passing out parade declaring that the military had caused great harm to the democratic aspirations of Nigerians.


Mr Aturu studied for his law at the University of Ife, and devoted much of his legal practice to representing marginalised or oppressed individuals and groups.
He was nominated as a member of the ongoing national confab, but he renounced his membership, arguing that the conference was designed to achieve nothing.

His legacy and passion will always be celebrated.

WHY I WANT TO BE NBA PRESIDENT By Funke Adekoya SAN

WHY I WANT TO BE NBA PRESIDENT By Funke Adekoya SAN

The Nigerian Bar Association is, in my humble opinion, in a state of
decline. That is the association that should protect the interests of its
members. I don’t think we are doing it; and I don’t think we are doing it
adequately, if at all. Many lawyers are disenchanted with the Bar association
both at the branch level and the national level. If you ask any lawyer to come
to branch meeting, they will ask you: ‘What is the association doing for me for
me to have my daily bread. I don’t have time to come and sit in any branch
meeting.’ I think this shows the level to which we have fallen. So why I am
running this election is so that we can raise the Bar, raise the Bar back to
where it used to be – where a legal practitioner was respected and trusted by
civil society, where when we spoke other segments of the civil society
listened to us because we were always on point and on time with our

interventions into what is going on.

For one thing, we need to look at our internal structures within the association
and change the things that have meant that our members are disenchanted. They
feel they don’t have a voice, they feel they cannot
participate in the
affairs of the association at the national level.
We must revisit the exclusion of observers from NEC. I for one will not bar observers
from NEC. And the reason is simple: it is a generally unpopular decision and I
for one will take steps to overturn it. We are not a secret society. Attendance
at NEC meetings is an opportunity for members across the country to socialize
among themselves, to network among themselves. And those who are not NEC
members, who attend with their friends who are NEC members, use it as an
opportunity to decide to become more involved in the administration and
management of their branches, either by contesting election at branch level or
at the national level. It is a breeding ground for our next set of leaders.
Instructively, the presidency of the NBA is not a one-man affair; that is why the president
has many other National Officers to support him.
That is why the president has three
vice president, has a Treasurer,
has a Financial Secretary, has a
Welfare Secretary, has a Legal Adviser. And if everybody is allowed to do their
jobs, then it is not a stressful exercise at all. The problems that we are
actually seeing in the Bar association today is that people are trying to put
all the powers of all the officers in one place. That is not what it is
supposed to be. So I don’t see it as more stressful than running my law firm here
where we have 60 people – 25 administrative staff and about 40-something
lawyers in three different offices, one of which is even outside of Nigeria.
And I was the Managing Partner, and I ran it successfully from the day we
started for four years till 2008. So I don’t see any difference. It’s a
question of having structures in
place and having procedures in place.
Once the structures are in place, then the staff  know this is the process. If it is a
disciplinary complaint, it goes to the administrative staff in the secretariat;
they review it; it then goes to the Legal Adviser who looks at it and says, ok
fine, take the next step. If there are procedures in place, when the
disciplinary complaint comes to the
secretariat, the staff know what the
procedure is. So the procedures
are there, the structures are there, the process
runs seamlessly.
For instance, let us just take our national secretariat. We have a
national secretariat that does not have an effective staff manual. Now, an
effective Staff Manual covers all the things that can happen and what you
should do to respond so that whoever is in-charge of Bar Services for instance
will know that if there is an enquiry in respect of a particular issue, does
that enquiry go to the Legal Adviser if it is a legal enquiry? Or does it go to
the head of Disciplinary Committee if it is a disciplinary enquiry? Or does it
go to the head of the Membership department if it is an enquiry that involves
membership? So those
are the structures and procedures that we should
put in place. We don’t have that type
of comprehensive manual. Those
are the type of structures and procedures that I am
talking about.
When I was the Chair of the Conference Planning Committee 2009, we planned the Lagos
Conference. In 2010 we planned the Kaduna Conference. We sat down and we wrote
a Conference Planning Manual
which indicated, by this date, this is what you
need to have done; these are the letters you ought to have sent out. And we
have precedents of the letters inviting the Guest speaker, inviting Session
chairmen. By each date, for each month, we knew what we were supposed to do.
Those are the type of processes that I am talking about.
It is my view that all lawyers must embrace an ‘international’ outlook as the world has
become a global village. I believe that the experiences I have gained at the
international level – especially at the International Bar Association (IBA) –
will be useful to the developmental agenda of my own Bar association. We must
as a professional body think globally and act locally. That is the only way we
can raise our standards, be of good standing in the comity of our professional
colleagues, and be just as relevant on issues affecting us and our nation
internationally and at the domestic level.
I will not make empty pledges merely to win an election. In my previous
record of service to the Association I fulfilled the pledges I made when
seeking the mandate. As National Treasurer, I ensured that accounts of the
Association were audited and presented to NEC (a tradition that continues till
date), and that a statement of the current income and expenditure of the
Association was presented to NEC at each meeting.  As 1st Vice President,
I ensured that the Stamp and Seal Project was established. That it is
non-operational till date has nothing to do with failure to fulfill any pledge
made. Again, in the forthcoming elections, I am putting myself out to be held
accountable for any pledge that I make. I shall keep my word! That is what our
noble profession enjoins us to do.
It is noteworthy that some of the issues I raised in 2006 when I contested the
presidency of the NBA have not been resolved till date.
I said then – as I
say now – that towards its members the Association
has both a
representative and a regulatory role to play.  The Association is
regulating its members through the collection of practising fees and
disciplinary procedures, but has still not fulfilled its representative role of
providing membership benefits or even improving on and protecting the
livelihood of the average lawyer. The Association must be relevant to its
members. If it fails to do so, if we as an Association do not project that
relevance, then the Association is certain to become increasingly irrelevant to
our professional well-being or even the nation at large.
I am not a stranger to matters of leadership of the Nigerian Bar
Association. Irrespective of the different power blocs and shades of opinion
within the Bar, victory at the polls rests wholly on the votes cast for a
candidate. I believe strongly that the Agenda set out in my Manifesto is what
the Bar needs at this time. I have the leadership experience, exposure,
candour, and above all, competence to deliver on the pledges and commitments
made in my Manifesto. I am aware that the majority of the delegates and members
are tired of “business as usual” and there is a conscious effort by
them to make the Bar better.  Many NBA members have called me to pledge
their support; many keep calling to urge me on. The election is the opportunity
to vote as our conscience directs us, and I believe delegates will individually
and corporately live up to their commitment to join me in ‘Raising the
Bar!’
The assertion that the NBA is not ripe for a female president is not
borne out by facts and current trends. It is mere propaganda. If the
Commonwealth Lawyers Association – of which Nigerian lawyers are a
substantial part –
can elect a Nigerian woman as President and she distinguished herself, I cannot
see the point in that assertion. In fact, there is no better time than now to
elect a female NBA President to replicate at the Bar the giant strides done by
the first female Chief Justice of Nigeria at the Bench. If we are all agreed
that things have to be done differently, then I can tell you without
equivocation that the time to elect a female NBA President is now!
It’s an idea whose time has come! The best man for the job is a woman. That’s the refrain I
hear everywhere I go.
* Adekoya is a Senior Advocate of Nigeria and leading aspirant for NBA



Presidency*



Culled from www.askthelawyeronline.com 

SUE THAT NUSIANCE DUDE

SUE THAT NUSIANCE DUDE

Credits: Google

So everyone knows one person or
the other who is a complete nuisance, i am sure you know what i mean, take some
time to think about it, whose that person who you just feel like giving a
punch, kicking out the door
, throw off the 3rd mainland
bridge
, give a dirty slap, being far away from. I know those names
just ran through your mind. Well, have no sweat because you can sue that nuisance
dude. Ok, wait a minute, before you rush to court to sue the whole world or
everyone on your street, you should finish reading this blog.
It’s not every nuisance
that you can actually sue. 
According to Kodilinye and Aluko:
The Nigerian Law of Torts, “the word nuisance is used in popular speech to mean
any source of inconvenience or annoyance, but the tort of nuisance has a more
restricted scope and not every inconvenience or annoyance is actionable.
Nevertheless, this tort “has become a catch-all for a multitude of ill-assorted
sins, such as the emission of noxious fumes, from a factory, the crowing of
cocks in the early hours of the morning, the obstruction of a public highway,
the destruction of a building through vibrations and the interference with an
easement of way”.
Credits – Google
There is a long list of actions
that come under nuisance; in fact the list is not exhaustive. Your neighbour
who plays his music at the loudest volume and disturbs the neighbourhood can be
a nuisance, so also the person that lets his pets go into other people’s house
to damage property. I remember being asked if a lady who was fond of standing
by her window nude in a neighbourhood full of married men can also be a nuisance,
well I haven’t come across any case law on such before. 
Note that there are 2 types of
nuisance, Public nuisance, which is a crime and actionable by the Attorney –
General is committed where a person carries on some harmful activity which
affects the general public or a section of the public, for example, where the owners
of a factory cause or permit fumes and smoke to pollute the atmosphere in the locality.
Private nuisance on the other hand refers to injury to the rights of a private
person and is usually designed to protect private owners of land. 
Credits – Google
Private nuisance falls into 3
categories namely; a physical injury to a person’s property; substantial interference
with a person’s use and enjoyment of his land; interference with easements and
profits e.g. where a person wrongfully obstructs the right of way or light of
another. Take a while and think about that nuisance you know, no need to suffer
in silence anymore, you can sue that nuisance dude. The remedies available to
one who complains of a nuisance are: damages, an injuction to restrain further nuisance
and abatement. 
Adedunmade
Onibokun, Esq.
@adedunmade   
CONFUSED ABOUT TINTED CAR PERMIT?

CONFUSED ABOUT TINTED CAR PERMIT?

A citizen confused about the recent Tinted Glass Permit by the Nigeria police said, “I am Confused about the recent Tinted Glass Permit Issues. If one owns a car with Factory Tinted Glass, is he supposed to get a tinted glass permit?

The Nigeria police recently explained the ban on the use of tinted glass within the country, in a bid to answer most questions from citizens as regards to issues on the use of tinted glass.

Below is Police explanation.

The Police High Command has observed with concern the unnecessary controversies that have trailed the recent IGP’s announcement on the ban on the indiscriminate use tinted glasses on vehicles plying Nigerian roads.
The Force has observed that one of the issues that have generated so much contention and sometimes endless arguments between Police officers enforcing the ban on the one hand, and motorists on the other hand, is the contention by some vehicle owners that there is no valid law restricting the use of tinted vehicle glasses in Nigeria.
Others who claim to be aware of the legal restriction argue that because the tints on their glasses are ‘factory-fitted’, they are under no legal obligation to get a permit. Yet, others hinge their arguments and
objections on the fact that their car tints are not as dark as others and thus, should be excused from the requirements of obtaining Permits.
While some of these arguments may sound persuasive or even plausible, they are unfortunately devoid of any known legal foundation. Nigerian Laws are unequivocal in their restrictions on the use of tinted vehicle glasses.
For instance, regulation 66(2) of the National Road Traffic Regulations (1997) provides that:
‘All glasses fitted to a vehicle shall be clear and transparent to enable persons outside the vehicle see whoever is inside the vehicle and the glasses shall in no way be tinted except as may be approved by the Inspector-General of Police for security reasons.’ (Emphasis mine)
However, it will appear that the most comprehensive legislation on the use of tinted car glasses in Nigeria is the Motor Vehicles (Prohibition of Tinted Glass) Act, CAP M21 Laws of the Federation of Nigeria (Formerly Decree No. 6 of 1991).
According to Section 1 (1) of this Act, except with the permission of the ‘appropriate authority’ and for ‘good cause’, “no person shall cause any glass fitted to a vehicle to be tinted, shaded, coloured lightly or thickly, darkened or treated in any way so as to render obscure or invisible persons or objects inside the car”. Under the Act, it is also an offence to aid, counsel or procure the commission of the offence. From the reading of the law, it is clear that the law made no distinction between manually fitted tints and factory fitted tints.
For purposes of the Law, ‘appropriate authority’ refers to the Inspector-General of Police (IGP) or any other person duly delegated by him, while ‘good cause’ means health or security reasons. The implication of the above is that it is only the IGP or any such person or persons duly authorized by him that can issue a tinted glass
permit. In addition, such permit can only be issued on health or security grounds.
Owners of vehicles with tinted glasses are therefore mandated by law to seek the authorization of the IGP before deploying such vehicles on our roads, whether such vehicles came with factory tints or whether the tints were manually fitted. However, by the operation of Section 3 of the Act, such persons – importer, buyer, done – have 14 days grace, from the date of the purchase of the car or the date of arrival of the car in Nigeria (whichever is applicable) to either remove the tinted glasses or obtain the tinted glass permit.
Persons convicted for committing offences under this Law are liable to a fine of N2,000 or imprisonment for a term not exceeding 6 months or both fine and imprisonment. Where the offence is committed by a corporate body, the Police may by the operation of Section 4(2) of the Act, proceed against its director, proprietor, manager, or other senior officers of the organization.
It must be noted that legal restriction on the use of tinted car glasses is not peculiar to Nigeria. There are many countries – both developed and developing – with similar restrictions. The law is designed to promote and protect the collective security of all, through visual transparency.
It reduces the chances of persons plying vehicles with opaque glasses from ferrying dangerous objects such as explosive devices, arms, ammunition and other incriminating materials undetected from one part of the country to the other. It is also designed to enhance the smooth discharge of Police duties, by making the monitoring of motorists easy. It is therefore advisable that persons without good reason to use tinted glasses in their cars should refrain from doing so.
In Nigeria at the moment, the decision by the Police High Command to ensure a strict enforcement of the relevant laws prohibiting unauthorized use of tinted glasses on our roads is predicated on the need to effectively tackle contemporary security challenges in the land and ultimately serve the common good of all Nigerians.
Intelligence reports and empirical statistics at the disposal of the Police Force indicate that majority of crimes relating to terrorism, suicide bombing, kidnapping, gun-running, human trafficking, armed robbery and other related offences are committed with the use of vehicles with tinted glasses. Perpetrators of these heinous crimes hide under the cover of tinted glasses to ply their nefarious trade.
It has therefore become a matter of urgent national security importance that indiscriminate use of vehicles with tinted glasses be checked in accordance with our laws.
The good news however is that the Law authorizes the appropriate authority (in this case the IGP) to issue tinted permits to Nigerians on health and security grounds if they are so qualified. Persons desirous of obtaining tinted glass authorization are advised to follow the following steps:
1. Write a formal application to the IGP for the use of factory tinted glasses, stating the reason for use, bearing in mind that approval of such application is predicated on health or security reasons only.
2. Applications should be accompanied with the following:
– Photocopies of all relevant particulars of the vehicle.
– Photograph of the vehicle.
– Profile of the applicant with relevant background information.
– Passport size photograph of the owner of the vehicle.
– Any other supporting document/information that may help to justify the request.
The Police authority conscious of the fact that some unscrupulous Police Officers may take advantage of the new regime of enforcement to engage in the harassment and extortion of helpless motorists, has issued strong warnings to all Policemen charged with the responsibility of enforcing the law to ensure that they act within the confines of the enabling laws and the Police Code of Conduct at all times.
Command Commissioners of Police have been charged to ensure strict supervision of men deployed for these duties while the IGP Monitoring Units have been empowered to arrest and bring to book any officer found acting in a manner inconsistent with his or her oath of office.
Police Officers are also warned to desist from harassing Nigerians who have already obtained valid tinted glass permits, as provided by the extant laws.
Finally, the Inspector-General of Police calls for the support, understanding and cooperation of all Nigerians, including corporate citizens as the Force embarks on a strict enforcement of the tinted glass laws.
Culled from Nigerianpolicewatch.com 
5 TIPS TO BEING A GREAT TRIAL LAWYER

5 TIPS TO BEING A GREAT TRIAL LAWYER

Cross Section of Lawyers at a Call to Bar ceremony

Being a great trial lawyer is not
an easy task because great trial lawyers are not born but made. Advocacy is an
art and like every other art, the skill needs to be groomed. No great artist
woke up from a dream bursting with musical expertise
like abami eda,
rather it took hard-work, perseverance, consistency and commitment to horn
their talents and skills, the same rule applies to great trial lawyers. 


When I was a white wig, I was
always interested in having a great advocacy practice, so I searched for books
and essays on tips on how to become a great advocate and in my search, I came
across a book by F. Lee Bailey titled “To Be A Trial Lawyer” . I found the book
quite informative and over time, I return to its pages like a Tax Collector
looking at his tax notes over and over again trying to discover any unaccounted
tax clearance. I hope to share some of the great tips I learned from F. Bailey
with you in this blog and I hope it inspires you to strive to attain excellence
in your legal career. I will also be using excerpts from F. Baileys’ book to
illustrate the points. 
 TIP 1
HAVE A GOOD COMMAND OF THE ENGLISH LANGUAGE

“English in every
form should be your first concern. The use of language is a trial lawyer’s
daily fare and if he is good at it, a daily joy as well. Only those who have
refined and polished their ability to handle words in any and every form can
know the delight that such a faculty offers. Among the many talents that can
boost one’s self confidence, none surpasses the ability to spellbind an
audience. Only entertainers, Political figures, lecturers and trial lawyers
experience the surge of adrenaline that comes from speaking well”.


I remember watching a certain
Senior Advocate of Nigeria (SAN) as he marshalled his arguments before the
court, not only was I impressed by his command of the English language but the
clarity of his speech and ability to communicate the case of his client to the
court without mincing words or using unnecessary expletives provoked in me and
other counsel in court that day a high level of admiration. Judges have a very
short attention life-span usually because they have to listen and write almost
all what the litigants and lawyers say, if you say too many stories that
touch the bone marrow
waste their time by puffing too much smoke without
saying anything useful to your clients case, they tend to zone out. It’s
crucial you express yourself briefly while at the same time marshalling out
your points. It’s no gain saying that a judge will hardly pay attention to a
lawyer that cannot speak well.

Nigerian Supreme Court

TIP 2
KNOW YOUR EVIDENCE
“Every trial lawyer
must have rules of evidence carefully filed in his memory because during a
trial there is rarely time to look them up. If you try lawsuits for a living,
you will literally lie in the world of so – called proof. It is perhaps best to
understand right here that most cases are decided on something less than strict
proof. If something is so clear that it is really “proven”, it probably won’t
even be in contention during trial”.


Recently, in the National
Industrial Court, I witnessed two opposing counsel trash out the rules of
evidence in open court, the Plaintiff’s counsel sought to tender a document
through its witness and the Defendant’s counsel objected on the grounds that
the document was inadmissible, for about 6 minutes, both lawyers argued back
and forth before the judge made a Ruling in favour of the Defendant. If the
Defendant’s Counsel did not know his rules of evidence, it is safe to assume
that the Plaintiff will have tendered an inadmissible document which would have
been adverse to the case of the Defence.

TIP 3
PREPARING FOR TRIAL
“When you begin to
go to court for a living, the most common shortcoming you will see in your
colleagues and opponents will be just such lack of preparation. Pre-trial
preparation has often been compared to a part of the ice berg that sank the
Titanic, namely the part that was underwater (about 87% of the whole). You may
not be able to see it from a distance, but you know damned well it’s there. The
trial itself is like the portion that sticks up out of the water for all to
see. Preparation is exhausting, painstaking, and occasionally heartbreaking
work, but it is an absolute duty that a trial lawyer owes to his client”.


I once appeared before a High
Court basking in confidence, I assumed I was ready for the day’s proceedings
and was looking forward to trashing outwit opposing counsel with my
arguments. Imagine my surprise when the opposing counsel argued his points from
a rule of procedure I had not expected nor researched. The judge made a decision
in his favour and I lost. That day hurt, LOL, I experienced what over –
confidence and lack of adequate preparation could do to a lawyer first hand, maybe
the sinister smile from a law school class mate who was on the opposing side as
we walked out of court also made it worse, the smile said I beat you and
stuck its tongue out
. I have always ensured I prepare adequately for
proceedings in court since that day.

TIP 4
HARDWORK
Hard-work does not kill, as a
lawyer you must be ready for long hours of research, critical thinking and you
must never give up. You must always believe there is always a way and you must
get busy trying to find that way in other to win your case in court, legally of
course not through bribery or other unwholesome practices.

TIP 5
BE RESPONSIBLE FOR YOUR CAREER GROWTH  
Finally, you must be responsible
for your career growth as a lawyer, seniors do not expect to spoon feed on the
job and they expect a certain level of ability from you. Personally, I take
responsibility for my career by ensuring I develop myself daily in the
following aspects: Advocacy; Use of English; Legal Drafting; Law practice
management and Networking. You may want to create your own list and get on with
developing your skills in those regard.

Becoming a great trial lawyer is
not a days’ job, it takes a very long time to horn your skills to perfection, more
reason why you should start now. If you know any other great tip for being
a good trial lawyer, don’t hesitate to write them in the comment box, a great
lawyer must be ready to learn daily and i will like to learn from you too.

Adedunmade Onibokun, Esq
@adedunmade