CREATING AN INVESTMENT CULTURE  by Ahmed Olaitan Banu

CREATING AN INVESTMENT CULTURE by Ahmed Olaitan Banu

“A penny saved
yesterday, a penny saved today becomes two pennies tomorrow”… Anonymous
We all have heard the quote
above at a certain time in our lives; I heard it like gazillion times while growing
up. A quote that says a lot about saving. There are other phrases that have the
word saving as a content; for example, “Saving for the raining day”; “Saving
for the future” etc.  We all know these
phrases and try to embed their meaning in our daily lives; but what exactly
does this saving mean. 


Saving is the act of setting aside amounts of money from your income for future
purposes; the future could be tomorrow, next week, next month, next year, even
a decade from today, all depending on the saving goal.Let’s plug in figures to
the definition; a given amount of our monthly income is saved every month; say N20,000
and over a year it adds up to N240,000. Easy isn’t it? We can call this the Addition
Effect.


But what if we just don’t set money aside, we let this money work for us; i.e.
the money we set aside generates more money for us. Interesting yeah! Sure we
have also heard this quote; ‘Making money multiply”, we can call this 3 Ms of
investing. This quote forms the basis of investing.

A while back I heard this podcast from one of our very own life strategist were
he said, “A wealthy man uses his income to buy assets that pay for his
liabilities while a poor man uses his income to pay for liabilities”.
Funny quote isn’t it but what keeps ringing in my head from the quote is “………uses
his income to buy assets” as this totally relates to investing.

So what is investing? It is
the act of setting aside amounts of money from our income to buy assets that
would produce more income for future purposes. Comparing this definition with
the savings definition, setting aside amounts of money sticks out but what we
do with that money is what defers. Let’s plug in figures using the scenario from
above, we set aside N20,000 from your income in a month to invest in an
asset that produces say N1,000 every month, so using the additions rule,
you have N32,000 over a year i.e. your initial N20,000 plus the N1,000
earned monthly over the year. Now imagine this is done every month, then N20,000
each month spun over various months into future years, unimaginable yeah? Now
that is what I will call Multiplication Effect and what people call,“making
your money work for you.
Which would you prefer; a
life embedded in a saving culture or an investing culture? We should all be preparing
to move to the new culture of building baskets of wealth from little fruits of
money. I learnt about it pretty late or rather I thought investing was all
about having a huge amount of money piled up somewhere before making good use
of it. I thought wrongly because one of the wealthiest men in the world; Warren
Buffet, started small and grew his wealth over the years to what it is today.
It is all about adhering to that culture; the investing culture. Thinking
like the life strategist, you never know, someday we all would be wealthy
people.
By: Ahmed Olaitan Banu 
LABOUR LAWS FOR DOMESTIC SERVANTS

LABOUR LAWS FOR DOMESTIC SERVANTS

Recently,
news reports and blogs shared the story of 14 year old Faith, a domestic servant
in Abuja whose principal, Roseline Uzoamaka forced her to sit on a burning
electric cooker because she wet the bed (see that here).
While Faith is recuperating at the hospital, Roseline, her boss has been
arrested by the police.
Having a
domestic servant or Housemaids/boys as they are locally called around is not
new to Nigerian homes, it’s a way of life, especially for those who can afford
to pay them or care for their needs if such maid is a relation. The International
Labour Organisation in a recent study entitled: ‘Domestic workers across the
world’ showed that there are at least 53 million domestic workers worldwide. It
explains that the figure, which does not include child domestic workers, is
increasing by the day in both the developed and developing countries. Also an
estimated 10.5 million children are engaged as domestic workers worldwide with
most of them under age.

A lot of
these workers are unregistered and not supported by most national Labour laws;
they work for private households usually without clear terms of employment. For
instance in Nigeria, the Labour Act in Section 65 states that: The Minister may
make regulations providing for-
a)     
the
engagement, repatriation or supervision of domestic servants;
b)     
the
employment of women and domestic servants;
c)     
the housing
accommodation and sanitary arrangement of domestic servants; and
d)     
the
conditions of domestic service generally.
However,
Nigeria is yet to have a codified legislation that protects the rights of domestic
workers like Faith in the Country. The Lagos State Criminal Code states in Section
206 that it is the duty of every
person who as master or mistress and has contracted to provide necessary food,
clothing, lodging or medical treatment for any employee or apprentice under the
age of eighteen (18) years to provide the same; and he shall be held to have
caused any consequence which results to the life or health of the employee or
apprentice by reason of any omission to perform that duty. This is how
far it goes in relation to the terms of employment of domestic staffs.

INTERNATIONAL EFFORTS
To address the deplorable working conditions, labour
exploitation and human right abuses that domestic workers have to contend with
as well as the lack of legal protection, which makes it difficult for them to
seek remedies, the ILO came up with the Domestic Workers Convention, 2011 (No.
189).
On
June 16, 2011, ILO members – governments, trade unions, and employers’
associations – voted over­whelmingly to adopt the ILO Convention Concerning
Decent Work for Domestic Workers (Domestic Workers Convention, No. 189). This groundbreaking
treaty established the first global standards for domestic workers.
Under
the Convention, domestic workers are entitled to the same basic rights as those
available to other workers in their country, including weekly days off, limits
to hours of work, minimum wage coverage, over­time compensation, social
security, and clear information on the terms and conditions of employment. The
new standards oblige governments that ratify to protect domestic workers from
violence and abuse, to regulate private employment agencies that recruit and
employ domestic workers, and to prevent child labor in domestic work.
Since the Convention’s adoption in 2011, dozens of countries
have taken action to strengthen protections for domestic workers. Several
countries from Latin America, Asia, Africa, and Europe have already ratified
the Convention, while others have pledged to do so. Many others are undertaking
legislative reform to bring their laws into compliance with the new standards. Already,
millions of domestic workers have benefited from these actions.
KEY PROVISIONS OF THE CONVENTION
The
Domestic Workers Convention (C 189) requires governments to provide domestic
workers with the same basic labour rights as those available to other workers,
to protect domestic workers from violence and abuse, to regulate private
employment agencies that recruit and employ domestic workers, and to prevent
child labor in domestic work. The following is a brief summary of its
provisions:
Article
3: domestic workers should enjoy the ILO fundamental principles and
rights at work: 1) freedom of association; 2) elimination of forced labor; 3)
abolition of child labor; 4) elimination of discrimination.
Article
4:  Protections for children, including a minimum age and ensuring
that domestic work by children above that age does not interfere with their
education.
Article
5: Protection from abuse,
harassment, and violence.
Article
6: fair terms of employment,
decent working conditions, and decent living conditions if liv­ing at the
workplace.
Article
7: information about  terms and conditions of
employment, preferably in written contracts.
Article
8: Protections for migrants,
including a written job offer before migrating and a contract enforceable in
the country of employment. Countries should cooperate to protect them and
specify terms of repatriation.
Article
9: Prohibits confinement in
the household during rest periods or leave, and ensures domes­tic workers can
keep their passports/identity documents.
Article
10:       equal treatment with other workers with regards to hours of
work, overtime pay, and rest periods, taking into account the special
characteristics of domestic work;
Article
11: Minimum wage coverage where
it exists.
                       
 
Article
12: Payment at least once a month and
a limited proportion of “payments in kind”.
Article
13: Right to a safe and healthy working
environment
(can be applied progressively).
Article
14: Equal treatment with regard to social
security, including maternity protection
(can be applied
progressively).
Article
15: Oversight of recruitment agencies
including investigation of complaints, establishing obligations of
agencies, penalties for violations, promoting bilateral or multilateral
cooperation agreements, and ensuring recruitment fees are not deducted from
domestic workers’ salaries.
Article
16:  Effective access to courts.
Article 17: Effective and accessible complaints mechanisms, measures for labor inspections, and penalties.

It will be
great for all domestic staffs in Nigeria, if the Country were to adopt that
Convention. Then girls like Faith and the many other nameless domestic staffs
working in households around the country will be protected. Don’t you agree?
Adedunmade Onibokun
@adedunmade
PROFILE: OBA NSUGBE QC SAN

PROFILE: OBA NSUGBE QC SAN

Oba
Nsugbe QC, SAN
was called to the bar in
1985 (Gray’s Inn) and was appointed a Crown Court Reader in 1999 – the youngest
practitioner ever appointed to the part-time judiciary. He became
a Barrister and Solicitor of the Supreme Court of Nigeria in 1986 and
is also a Senior Advocate of Nigeria (SAN). Oba Nsugbe is currently the Head of Chambers at Pump Court Chambers, London.
He took
silk in 2002 as the first Nigerian practicing abroad to be awarded the coveted
rank of silk at the age of 39, and since 2004 has
acted as Grade A Advocacy Trainer at Gray’s Inn, where he became
a Bencher in 2005. The following year, in 2006, he was appointed Joint Head of
Chambers, elected as a Fellow of the Royal Society of Arts and became the
Legal Advisor to the Central Association of Nigerians in the UK, a post he still
holds to date. He also acts as a Legal Assessor for the General
Medical Council and is the immediate former Chair of the British Nigeria Law
Forum (BNLF).

Oba
Nsugbe QC, SAN is widely acknowledged as one of the UK’s and Nigeria’s leading
barristers. He has a broad international practice with a particular interest in
Africa. He provides high-level advice and representation for individuals,
corporate clients and other organisations, (including NGOs), in matters ranging
from business and general crime to corrupt practices, commercial litigation,
contractual disputes and health and safety.
He
was described in a leading law commentary as “ a rising star of the Bar of
England and Wales”. He commands considerable respect from both clients and
peers. Numerous entries in Chambers and Partners over the years have described
him as “a first-class advocate” as well as “a true gentleman who deserves his
fabulous reputation”, adding that he has a “fine forensic mind” and is admired
for his “technical excellence”. Contributors to the directory have also
remarked that he is “fabulously personable, easy-going, and adored by judges
and juries”, “works extremely well in a team” and “impresses interviewees with
his calm and genial manner”.
Oba’s practice in the
UK revolves mainly around arbitration, commercial litigation and business
crime. He works abroad regularly and has worked in jurisdictions
as disparate as Germany, Nigeria, Tanzania and the Cayman Islands. In
1997, Oba spent four months in Malawi, working for the British and
Malawian governments on a joint legal project. His work
included advising the Director of Public Prosecution on a backlog of over
1,000 homicide cases, as well as conducting briefings and seminars on many
aspects of the Criminal Justice system in Malawi. He has also been
involved in the training of judges and the reform of civil procedure law in
Nigeria.
In November 2008 he
received the Lifetime Achievement Award to the
profession from the Black Solicitors’ Network and the year before
that, the Minority Lawyers’ Conference Award for his work for, and with, BME
practitioners. In 2009, he was appointed an Honorary Professor
of Law by City University. In addition to becoming a SAN in Nigeria, his
overseas appointments have included being a member of the Body of Benchers in
Nigeria, Chair of the G50 business group (“investing in Nigeria”) and
a Fellow of the Nigeria Leadership Initiative. Oba is married with
children.

Expertise
Nigerian Law
He
is qualified in both the UK and Nigeria and is highly experienced in the courts
of both countries. He advises the Nigerian Federal Government, several State
Governments and the Nigerian National Petroleum Corporation, as well as having
appeared as an expert witness in several UK cases involving Nigerian law,
including the reported case of Howard v. Shirlstar in which he testified about
the Nigerian aviation laws and regulations contravened by Howard, a British
pilot, who was contracted to recover a plane owned by Shirlstar Container Ltd,
which he flew to Ivory Coast, evading MIG fighter jets in the process. In
addition, he routinely works in other overseas jurisdictions such as Germany,
the Cayman Islands, Tanzania, Ghana, Kenya, South Africa and Zimbabwe. He is
frequently involved in multi-jurisdictional cases.
Regulatory and Disciplinary
Oba
is able to provide expert regulatory guidance to businesses needing to comply
with the legal framework in Nigeria. Furthermore, through a close network of
established and highly specialist partner firms, he is able to cover other
African jurisdictions as well. He is regularly called upon to advise on the drafting
of contracts and commercial agreements, as well handling contentious
contractual issues and other litigation, for some of the world’s largest
companies in the oil and gas, leisure, banking, financial and publishing
sectors. In the Cayman Islands his cases typically involve offshore trusts or
insolvency, often with criminal recovery aspects. In addition, he has
considerable alternative dispute resolution experience as both an Arbitrator
and Counsel instructed in international arbitrations.
He
also sits as a legal assessor at fitness to practice tribunals from the Nursing
& Midwifery Council and the General Medical Council.
 Crime
In
addition he has both prosecuted and defended a number of high profile criminal
cases in the UK.
Notable Cases:
  • R v P Ltd and Another [Times Law
    Report 13th August 2007] Leading case on mens rea of officer of a body
    corporate under s.37 HSWA 1974
  • R v Davies (David Janway) [2002]
    EWCA 2949 at 586 Leading case on reverse burden in health and safety cases
    and impact of Human Rights Act
  • R v Howe & Son (Engineering)
    Ltd [1999] 2 ALL ER 249 Leading case on sentencing in health and safety
    cases
  • R v Hampshire [1995] 2 ALL ER 1019
    Competency of child’s evidence in sexual cases
  • R v. Rachel [CA] 1993 Cr App R.
    (S) 265 Sentencing in Manslaughter cases
  • Howard v Shirlstar Container
    Transport Ltd [1990] 1 WLR 1992 Contract involving illegal performance –
    effect
  • Krumpa & Anor v. DPP [1989]
    Crim LR 295 S39 Public Order Act 1986
WAR CRIMES AND CRIMES AGAINST HUMANITY

WAR CRIMES AND CRIMES AGAINST HUMANITY


“War crime” and “crimes against humanity” ever heard that before?
Sounds like a phrase out of the Black Diamond movie with Di’caprio
or something that pops up when you talk about people like Charles Taylor and
Saddam Hussein. Don’t laugh anyway, because War Crimes are very serious
allegations as they usually have to do with killing and dishing out inhuman
treatment to others. Why do you think the world had to set up a court to try
war crimes, trust me, it’s a big deal. 

That’s why on
17 July 1998, a conference of 160 States established the first treaty-based
permanent international criminal court. The treaty adopted during that
conference is known as the Rome Statute
of the International Criminal Court
. Among other things, it sets
out the crimes falling within the jurisdiction of the ICC, the rules of procedure
and the mechanisms for States to cooperate with the ICC. The countries which
have accepted these rules are known as States Parties and are represented in
the Assembly of States Parties.

The Assembly of States Parties, which meets
at least once a year, sets the general policies for the administration of the
Court and reviews its activities. During those meetings, the States Parties
review the activities of the working groups established by the States and any
other issues relevant to the ICC, discuss new projects and adopt the ICC’s
annual budget.

According to the International
Criminal Court (ICC)
, war crimes  include grave breaches of the Geneva
Conventions and other serious violations of the laws and customs applicable in
international armed conflict and in conflicts “not of an international
character” listed in the Rome Statute, when they are committed as part of
a plan or policy or on a large scale. These prohibited acts include:
  • murder;
  • mutilation,
    cruel treatment and torture;
  • taking
    of hostages;
  • intentionally
    directing attacks against the civilian population;
  • intentionally
    directing attacks against buildings dedicated to religion, education, art,
    science or charitable purposes, historical monuments or hospitals;
  • pillaging;
  • rape,
    sexual slavery, forced pregnancy or any other form of sexual violence;
  • conscripting
    or enlisting children under the age of 15 years into armed forces or
    groups or using them to participate actively in hostilities.

On the other hand, “Crimes against humanity”
include any of the following acts committed as part of a widespread or
systematic attack directed against any civilian population, with knowledge of
the attack:

  • murder;
  • extermination;
  • enslavement;
  • deportation
    or forcible transfer of population;
  • imprisonment;
  • torture;
  • rape,
    sexual slavery, enforced prostitution, forced pregnancy, enforced
    sterilization, or any other form of sexual violence of comparable gravity;
  • persecution
    against an identifiable group on political, racial, national, ethnic,
    cultural, religious or gender grounds;
  • enforced
    disappearance of persons;
  • the
    crime of apartheid;
  • other
    inhumane acts of a similar character intentionally causing great suffering
    or serious bodily or mental injury.
Examples include the Novi
Sad massacre
, where 4,211 civilians (2,842 Serbs, 1,250 Jews, 64 Roma, 31
Rusyns, 13 Russians and 11 ethnic Hungarians) rounded up and killed by
Hungarian troops in reprisal for resistance activities. The Mahmudiyah killings during the Iraq war involving
the rape and murder of a 14-year-old girl and the murder of her family by U.S.
troops.
In Uganda, the case of  The
Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen

is currently being heard before Pre-Trial Chamber II. In this case, five
warrants of arrest have been issued against [the] five top members of the Lords
Resistance Army (LRA).  Following the
confirmation of the death of Mr Lukwiya, the proceedings against him have been
terminated. The four remaining suspects are still at large.

Joseph Kony
So can Shekarau (Boko
Haram Oga at the Top),
be prosecuted at the ICC? Yes, he can because looking
at the above list by the ICC, I think the Boko Haram sect have done it all. They
have murdered civilians, destroyed schools and churches, taking hostages and
pillaging just to mention a few of their crimes. Not to exclude, their savage
attacks on military and police personnel. 
Heads of Governments can also be prosecuted at the
ICC, remember former Liberian President, Charles Taylor, who
was found guilty of 11 counts of war crimes, crimes
against humanity, and other serious violations of international law and
sentenced to 50 years in prison. 
Currently, the
Office of the Prosecutor is currently conducting investigations on crimes
allegedly committed in eight states: Sudan (for the situation in Darfur), the
Democratic Republic of the Congo, Uganda, the Central African Republic, Kenya,
Libya, Côte d’Ivoire and Mali.
In addition,
the Office of the Prosecutor is currently conducting preliminary analysis in
eight situations: Afghanistan, Colombia, the Republic of Korea, Georgia,
Guinea, Honduras, Nigeria and Palestine.
P:s – If you
have ever participated in any activity that can be classified as a crime
against humanity, please include your full name and other contact details so we
can tell the police to come get you. Thanks 
Adedunmade
Onibokun
@adedunmade
THE INTERNATIONAL CRIMINAL COURT

THE INTERNATIONAL CRIMINAL COURT



The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.

The ICC is an independent international organisation, and is not part of the United Nations system. Its seat is at The Hague in the Netherlands. Although the Court’s expenses are funded primarily by States Parties, it also receives voluntary contributions from governments, international organisations, individuals, corporations and other entities.The international community has long aspired to the creation of a permanent international court, and, in the 20th century, it reached consensus on definitions of genocide, crimes against humanity and war crimes. The Nuremberg and Tokyo trials addressed war crimes, crimes against peace, and crimes against humanity committed during the Second World War. 

In the 1990s after the end of the Cold War, tribunals like the International Criminal Tribunal for the former Yugoslavia and for Rwanda were the result of consensus that impunity is unacceptable. However, because they were established to try crimes committed only within a specific time-frame and during a specific conflict, there was general agreement that an independent, permanent criminal court was needed. 

On 17 July 1998, the international community reached an historic milestone when 120 States adopted the Rome Statute, the legal basis for establishing the permanent International Criminal Court.

 As of July 2013, the ICC had 122 states parties, opened investigations in eight countries, and issued two verdicts (Lubanga case and Ngudjolo case). Over the last decade as the court has gotten up-and-running, it has made significant headway in putting international justice on the map, giving rise to increased expectations wherever the world’s worst crimes occur. 

This was poignantly demonstrated by the signs held by Syrian anti-government protesters that read “Assad to The Hague,” a reference to abuses of the country’s president. But while the ICC is now the primary address for international criminal accountability, its daunting mandate and world-wide reach have made the flaws in its workings more visible. 

The governments on which the ICC depends to carry out its mandate have been inconsistent in their support, particularly when it comes to arrests. In June 2012, Fatou Bensouda was sworn in as the court’s new head prosecutor. Arrest warrants are pending for suspects in the Libya, Sudan, Uganda, Cote d’Ivoire, and Congo investigations. The court and its member countries face major challenges in meeting expanded expectations for the court in its second decade.

Source: http://www.icc-cpi.int
               m.hrw.org 

EBOLA OUTBREAK: IS IT A FORCE MAJEURE EVENT?

EBOLA OUTBREAK: IS IT A FORCE MAJEURE EVENT?

On 8 August 2014 the World Health Organisation
(WHO) categorised the Ebola outbreak in Guinea, Sierra Leone and Liberia as a
Public Health Emergency of International Concern
.
 

The potential impact of this epidemic is of interest to all
multinational corporations with a presence in Africa, and in particular to
those with projects, assets and personnel in those countries affected. The fact
that the WHO has only twice previously described an outbreak in these terms
underlies the severity of its impact, and potential impact, on construction
projects in West Africa.

On the date of the WHO’s announcement, a leading steel producer published
a press release noting that contractors undertaking expansion works at its
mines in Liberia had declared the outbreak a force majeure event and were
moving personnel out of the country. The company noted that it was assessing
the potential impact on the project schedule. This assessment will no doubt
involve a review of its key contracts and the impact of the outbreak on
completion dates and cost. A number of airlines have also cancelled flights to
West Africa, and several mining companies have cut back on nonessential travel
to the region.

Multinational
companies with interests in West Africa are implementing measures in order to
manage the impact on their businesses in the region and beyond. Our clients are
assessing potential exposure to the consequences of this outbreak and we
highlight below two critical contractual issues that parties must be aware of
in responding to this crisis.
Force majeure
There is no English common law doctrine of force majeure. Force
majeure is a principle borrowed from the French civil code, whereby a party
will not be liable for its failure to perform an obligation where this failure
has been caused by the occurrence of exceptional events outside that party’s
control. If there is no force majeure provision in your contract, you will need
to consider other remedies.
It follows that employers and contractors faced with a real or
potential impact from the Ebola outbreak will be asking themselves two high
level questions: 1) Does this event fit within the definition set out in my
particular contract or contracts?; and 2) Has (or will) the outbreak, as a
matter of fact, impacted (or will it impact) upon my performance or that of my
counterparty under the relevant agreement?
Interpretation of force majeure clauses
As noted
above, the English courts have been reluctant to set out a precise meaning of
the term ‘force majeure’. It follows that where the term is used in a contract;
the ordinary rules of contract interpretation are applicable, such that each
case will be different and turn on the particular words used in the contract.
This English law approach is different to civil law jurisdictions
in which the civil codes prescribe definitions of what is meant by force
majeure. As a result, English law construction/engineering contracts typically
contain an express definition of the phrase to avoid, insofar as it may be
possible, uncertainty and the potential for disputes.
Given the wide use of the FIDIC forms in international
construction projects, it is instructive to consider whether the Ebola outbreak
could be considered a force majeure event within the meaning of the relevant
FIDIC clause, and whether the outbreak would give rise to an entitlement for
additional time or money.
By way of example, Clause 19.1 of the FIDIC Red Book sets out a
broad definition of a force majeure event as
“…an exceptional event or circumstance:
a) which is beyond a Party’s control,
b) which such Party could not reasonably have provided against
before entering into the Contract,
c) which, having arisen, such Party could not reasonably have
avoided or overcome, and
d) which is not substantially attributable to the other Party.”
Provided an event satisfies the above conditions, then under FIDIC
it is a force majeure event (if Clause 19.1 is read in isolation).
The FIDIC Red Book then goes on to set out a non-exhaustive list
categories of examples for force majeure events, including war, rebellion,
riot, and natural catastrophes (such as earthquake, hurricane, typhoon or
volcanic activity).
Clause 19.1 does not expressly reference an epidemic as a force
majeure event (some forms of contract do), though that does not prevent it
being such an event. The critical question to determine whether or not an Ebola
outbreak is a force majeure event, is whether the four criteria set out above
have been satisfied.
There can
be little doubt that the Ebola outbreak is an event which is exceptional;
outside the control of commercial parties to a construction contract; could not
have been avoided/overcome once it arose; and is not substantially attributable
to either party. It would also be difficult to argue that a party to a
construction contract could have provided against the risk of an Ebola outbreak
before entering into the contract (though query whether or not such an outbreak
was foreseeable).
Entitlement to a force majeure event may well be very different in
circumstances where the relevant clause includes a requirement that the event
be unforeseeable (the FIDIC example does not). The element of foreseeability is
incorporated in Article 1148 of the French Civil Code, which stipulates that a
force majeure event must be unforeseeable, render performance impossible and be
outside of the control of the party invoking suspension of the relevant
contractual obligation. This is a higher threshold than that in FIDIC and we
have seen agreements where parties have agreed to allocate risk in this way.
Given that, in recent history and in certain parts of West Africa, there have
been Ebola outbreaks, albeit occasional and confined and not necessarily in the
countries currently affected, an Ebola outbreak may fall foul of a force
majeure provision that will not bite where an event is foreseeable.

In any event, under the FIDIC Red Book, a contractor would almost
certainly be entitled to obtain an extension of time in cases where it can
demonstrate delay affecting completion. This would, of course, be subject to
the time bar provisions found in Clause 19.2 relating to notice.
The question of an entitlement to additional cost (remembering
that cost is defined so as to exclude profit in FIDIC RED Book) arising from a
force majeure event is more complex. Clause 19.4 makes a distinction between
different kinds of force majeure events and where they occur. In fact, the
entitlement to cost refers back to the categories of force majeure events
listed in Clause 19.1. For example, an entitlement to additional cost will
accrue in the event that war and/or hostilities in a neighbouring country (or
indeed anywhere) effect the progress of the works. In contrast the balance of
the ‘categories’ of events listed in Clause 19.1 must occur in the country of
the works so as to qualify as a relief event and give rise to an entitlement to
costs.
An Ebola epidemic does not sit well in any of the categories
listed in Clause 19.1, thus creating an uncertainty in the drafting. Is there
an entitlement to an extension of time but no money? Further, if parties are
undertaking projects in adjoining countries, even if they are proximate to the
sites of the Ebola epidemic, does that preclude entitlement to cost?
Whilst the
drafting is unclear on this issue and there is no case-law on epidemics that
would provide useful guidance, the best interpretation of the contract when
read as a whole must be that there is an entitlement to an extension of time,
but not necessarily any cost.
Frustration – A Brief Refresher
Parties to contracts without an express risk allocation for
force-majeure-type events may need to consider alternative routes through which
to escape sanction/obtain relief. In such circumstances the English common law
doctrine of frustration may be invoked to provide some level of protection to
the party who would otherwise be in default.
A contract will be frustrated only in very limited circumstances,
where, for reasons attributable to none of the relevant parties, performance
has become impossible, illegal or would be totally different to what was
contemplated by the parties when the contract was formed.
It is difficult to imagine a scenario where it might be said that
the effects of the Ebola outbreak could not be mitigated through alternative
methods of performance (for example, procurement of raw materials from
alternate countries/sources unaffected by the outbreak, imposition of stringent
quarantine and medical controls and different techniques and policies to
protect the health and well-being of personnel on site). The English courts
have made it very clear that parties will not be entitled to relief from
performance for frustration merely when performance is rendered more difficult,
time-consuming or expensive.
Conclusion: The Contractual
Consequences of Ebola
In summary, the rights and obligations of employers and
contractors undertaking construction projects in West Africa will be determined
by a close reading of the provisions of the relevant contracts (and employing
modern means of interpreting contracts holistically). In many circumstances, we
consider it will be at least arguable that where an outbreak of Ebola has a
demonstrable effect on the progress of a project, it will qualify as a force
majeure event giving rise to an entitlement for time and/or monetary relief,
depending on the express terms of the relevant contract. It may also be the case
that in some civil law jurisdictions parties will be entitled to rely on the
provisions of the civil code in that country to obtain relief.
As the
leader of the Eversheds Africa Law Institute network, and with a presence in 32
African jurisdictions, including Liberia and Sierra Leone, Eversheds is
uniquely placed to assist construction clients across the region.
By:       Paul Giles
Partner,
Eversheds LLP
0845 497 8680
paulgiles@eversheds.com
Julian Berenholtz
Senior
Associate, Eversheds LLP
0845 497 0767
Source:
legalweeklaw.com
PROFILE: MRS FUNKE ADEKOYA SAN

PROFILE: MRS FUNKE ADEKOYA SAN


Mrs.
Funke Adekoya, SAN is a partner in the prestigious Nigerian law firm ‘AELEX” and she began her law career at the University of Ife where she
graduated with honours after attaining her LL.B in 1974. She was called to the
Nigerian Bar in 1975 before proceeding to study an LL.M at the prestigious
Harvard Law School, Boston, Massachusetts, USA in 1977. Mrs. Adekoya became a
Solicitor in England and Whales in 2004 and her practice areas include:
Commercial Litigation, Corporate Dispute Resolution, Business Turnaround and Corporate
Insolvency, Competition Law and Policy.

Mrs
Funke Adekoya was appointed as a Notary Public in 1986 and became the 5th
woman to be elevated to the rank of Senior Advocate of Nigeria (SAN) in 2001,
She became a Member of the Body of Benchers in 1999 and was elevated to Life
Bencher in March 2007.
Mrs Adekoya has a
long list of awards which she has received in the course of her work such as
being nominated and voted as the Most Outstanding female legal practitioner of
the year 2007 by Financial Standard Newspaper and Women Entrepreneurs African
Network. She was also nominated and voted as currently the 2nd Vice Chairman of
the Nigerian Branch of the Chartered Institute of Arbitrators. Has represented
parties as counsel in several arbitration proceedings and acted in numerous
disputes as either – party appointed Arbitrator, Sole Arbitrator and Presiding
Arbitrator.
She also regularly
lectures on arbitration law and procedure and has been approved by the
Chartered Institute as a Tutor at the Associate/ Entry Course level. Also acts
as visiting Faculty at the Centre for African Law and Development Studies,
Lagos where she lectures on arbitration and Civil Procedural issues.
As a litigator, she represents
clients regularly before the Nigerian courts at all levels, and has provided
expert opinions and appeared as an expert witness on Nigerian law issues before
the courts of England, United States and Turkey.
 
Mrs Adekoya is the 1st Vice President (2002/04) of the Nigerian Bar
Association, and has served the Bar Association as Assistant National Secretary
(1979/80), Secretary Lagos Branch (1984/85, 1985/86), National Treasurer
(1990/91, 1991/92), and represented the Nigerian Bar Association at the
Consultative Assembly on the Reform of Company Law in Nigeria (1989).

Mrs Adekoya is a Member, National Judiciary Committee of the NBA (2001);
Member, of the Editorial Committee that produced the Companies and Allied
Matters Act in 1990; Member, of Lagos State Government Committee appointed to
review and draft new High Court Civil Procedure Rules 2004. Funke Adekoya is a
life member of the International Federation of Women Lawyers (FIDA); Member, of
the International Bar Association’s Legal Practice Division (Arbitration and
Business Organisations Committees), Professional and Public Interest Law
Division (Law Firm Management Committee. She is a Council Member of the
Professional and Public Interest Law Division and the Deputy Secretary General
[Africa West] for the IBA. She is also a Fellow of the Chartered Institute of
Arbitrators, UK (2002); Member, Practice Management and Technology Committee
Section on Legal Practice Nigerian Bar Association(2005).
Mrs Adekoya recently contested for the position of the President of the Nigerian bar Association. 
PENALTY FOR ARMED ROBBERY IN LAGOS

PENALTY FOR ARMED ROBBERY IN LAGOS


Stealing/Robbery
is a crime, we all know that right?
If you
don’t, why do you think your parents beat the living day light out of admonished
you when you were caught stealing meat from the pot taking what didn’t belong
to you. Remember those gentlemen and women always paraded by the police as
armed robbers, with guns, live ammunitions and cartridges lying in front of
them, everyone who has seen a Nigerian edition of Crime Fighters will know what
I mean, well that’s another sign for you that stealing is a crime.

Stealing
is a moral wrong that’s why all religions and societies frown against it. Stealing,
burglary and armed robbery are all crimes in many legal jurisdictions around
the world including Nigeria and Lagos State has its fair share of laws and punishments
for anyone caught stealing.
According
to Section 294 and 295 of the Lagos State Criminal Law 2011, any
person who steals anything and uses or threatens to use actual violence to retain
the thing stolen or to prevent or overcome resistance to its being stolen or
retained, is said to be guilty of robbery. And anyone who commits the offence
of robbery shall on conviction be sentenced to imprisonment for not less than
twenty-one years, Shikena. When the person is particularly armed with
firearms or offensive weapons or any obnoxious and chemical materials, such
offender shall be sentenced to death.  
You must
now see reasons why if you have chosen a career in armed robbery, you must
begin to have a rethink. Section 296 says just merely having an intention to
steal and assaulting someone in the process or just threatening to use force
while stealing is a felony and such offender is liable to imprisonment for not
less than fourteen (14) years but not more than twenty (20) years. That means
such person still goes to jail for up to 20 yrs even if the robbery was not successful.
If the robber wounds anyone or uses violence on anyone kperen, that’s
even life imprisonment.  Oboy, na to
face my law practice o, it’s not like mama & papa raised a thief anyway, *shrugs
*.
  

Also any
person found in any public place in possession of any firearms whether real or
imitation and in circumstances reasonably indicating that the possession of the
firearms is with intent to the immediate or eventual commission by that person
or any other person of any of the offences in Sections 294 – 296 of the Law is
guilty of a felony and liable to imprisonment for not less than fourteen (14)
years but not more than twenty (20) years. Of course, you must know this doesn’t
include kids with toy guns, lol.
Don’t
even think one can escape punishment solely because the person was not at the
venue of the crime because according to Section 297, any person who conspires
with another to commit any of offences stated above whether or not he is
present when the offence is committed or attempted to be committed, shall be
deemed to be guilty of the
offence
as a principal offender and shall be punished accordingly. Gbam, so like
people say, for hearing la san
, So for planning, the person sef go chop
yawa
gets punished.
 “Firearms” includes any cannon, gun,
flint-lock gun, revolver, pistol, explosive or ammunition or other firearm,
whether whole or in detached pieces.
 “Offensive weapon” means any article apart
from a firearm made or adapted for use for causing injury to the person or
intended by the person having it for such use by him or by some other person
and it includes an air gun, air pistol, bow and arrow, spear, cutlass, machete,
dagger, cudgel, or any piece of wood, metal, glass or stone capable of being
used as an offensive weapon.
Ordinary
to buga person sef to rob am na 3 years
. Also by virtue of Section 299, any person who,
with intent to steal anything, demands it with threats of any injury or
detriment of any kind to be caused to him, if the demand is not complied with,
is guilty of a felony, and is liable to imprisonment for three (3) years.

Now you know say thief work no easy, the risk wey
dey there plenty pass the risk wey Antelope dey face if e jam lion for bush
. Armed
robbery is a very grave and serious crime as seen from the above provisions of
the law, though the above laws are laws of Lagos State, all other states also
have their anti – stealing/robbery laws. It is wise to also note that there has
been gossip & rumours unofficial and unverified reports that the
Police have beef for armed robbers and always shoot them upon arrest, but no
be for my mouth you go hear say teacher mama die
like I said they are unofficial,
unverified and anonymous reports.
Adedunmade Onibokun, Esq
@adedunmade
PROFILE: MOYOSORE JUBRIL ONIGBANJO, SAN

PROFILE: MOYOSORE JUBRIL ONIGBANJO, SAN

Moyosore is a first class
litigator. In recognition of his excellence in this regard the Legal
Practitioners Privileges Committee, chaired by the Chief Justice of
Nigeria, the Hon. Justice Aloma Mukhtar GCON conferred Mr. M.J.
Onigbanjo with the rank of Senior Advocate of Nigeria on 23rd September 2013.

Mr. Onigbanjo was
appointed by the Nigerian Bar Association in July 2012 as a prosecutor
of disciplinary matters before the Body of Benchers and the Legal
Practitioners Disciplinary Committee (both of whom are statutory
bodies). Mr. Onigbanjo offers his services pro bono in this regard.
In recognition of his
wealth of experience in commercial law practice Mr. Onigbanjo was
appointed as a Council Member of the Nigeria Bar Association’s Section
on Business Law (www.nba-sbl.org) on 30th March 2011. Mr. Onigbanjo is also a member of the National Executive Committee of the Nigerian Bar Association (www.nba.org.ngwww.niegerianbar.org).
Moyosore has vast and
considerable court room experience in commercial litigation particularly
in the areas of Debt Recovery, Breach and Enforcement of contracts,
Companies Winding Up Proceedings, Aviation, Receivership, Marine claims,
Arbitration and Oil and Gas. He has for the past twenty-three years
participated extensively in commercial litigation in Nigeria. Moyosore
is a member of the Nigerian and International Bar Associations and on
the 31st March 2001, He was appointed a Notary Public.
Moyosore also has
considerable appellate Court experience, having been privileged to
successfully argue numerous appeals before the Court of Appeal and
Suprem

e Court of Nigeria. He also has experience in labour matters and
has practiced before the National Industrial Court as well as the
Miscellaneous Offences Tribunal. Over twenty-two cases handled by
Moyosore have been reported in Nigeria’s foremost law reports (Nigeria
Weekly Law Reports).

Mr Onigbanjo is also a keen golfer.
source: www.mjonigbanjo.com 
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