Lawyer Profile – Paul Usoro, SAN, FCIArb

Lawyer Profile – Paul Usoro, SAN, FCIArb

Paul Usoro, SAN is the Senior Partner and
founder of Paul Usoro & Co (PUC), a top commercial law firm headquartered
in Lagos with offices in Abuja and Uyo. He heads the Advocacy and Dispute
Resolution Practice Group and the Communications Section of the Firm. 


Paul
Usoro is variously described as the go-to-counsel for complex matters, be it
litigation or commercial transactions and the foremost communications lawyer in
Nigeria with over 30 years’ experience in legal practice. He is an active
member of the National Executive Council of the NBA, and a member of the NBA
Legal Profession Regulation Review Committee set up in 2016. He was the
founding chairman of the Communication Committee of the Nigerian Bar
Association’s Section on Business Law. Paul is a consummate board room player
and sits on the Boards of several top companies. He is a fellow of the Chartered
Institute of Arbitrators, and a member of the International Bar Association and
the Federal Communications Bar Association, United States of America.

Background,
Training and Qualifications
Paul was born in Ukana Ikot Ntuen town
in Essien Udim LGA of Akwa Ibom State on 07 September 1958. He studied Law at
the University of Ife, Ile-Ife (now Obafemi Awolowo University, Ile-Ife), Osun
State, Nigeria where he obtained his Bachelor of Laws degree (with Honours) in
1981. He was called to the Nigerian Bar in 1982. During his compulsory National
Youth Service Corp (NYSC) he had a stint with the Benue State House of Assembly
and thereafter served at George Uloko & Co in Makurdi where he cut his
teeth in advocacy practice. In 1983, he joined Sani Mohammed Kuso & Co in
Kaduna. His hard work and intellect resulted in a rapid elevation to Head of
Litigation, leading the Firm in complex litigation matters including about 12
(twelve) House of Assembly election petitions in Niger State sequel to the 1983
elections and also the representation of 3 (three) key persons before the
Awoniyi Commission of Inquiry in Niger State in 1984.

In 1985, Paul founded PUC in Kaduna.
In 1992, the headquarters of PUC was established in Lagos with the Kaduna
office still operational until 2003 when the northern operations were
consolidated into a new branch office in Abuja. Today, PUC is a full-service
Nigerian commercial law firm, with its principal office in Lagos, and 2
branches in F.C.T., Abuja and Uyo, Akwa Ibom state.

Paul Usoro, SAN was elevated to the
Inner Bar as a Senior Advocate of Nigeria in 2003.  Mr Usoro has continued to develop himself
through relevant post graduate executive courses, including Leadership Best Practices training at Harvard Business School in Boston, USA
and Finance for Executives Program at
the Fontainebleau Campus of INSEAD in
France. In 2001, Paul earned his preferment as Fellow of the Chartered
Institute of Arbitrators. He is a member of the Nigerian Economic Summit Group.

Paul is a nationally acclaimed
litigator and transaction expert whose expertise covers the entire gamut of
commercial practice including finance, banking, oil and gas, power, election
petition and communications practice areas. He represents domestic and
multinational companies, public agencies, governments and inter-governmental
institutions in various sectors.


Advocacy
Experience
Paul’s skills and prowess as a
litigator and strategist are nationally and internationally acknowledged. The
rank of Senior Advocate of Nigeria (SAN) is in recognition of his advocacy
skills. Paul’s litigation practice (election petitions, real property, criminal
matters, oil and gas, commercial litigation) cuts across all the superior
courts in Nigeria with a vibrant appellate experience. A passionate and
intellectual advocate – multinational companies, Nigerian blue-chip companies,
political parties/election candidates and high net worth individuals routinely
seek Paul’s litigation support and experience. A brief highlight of a few
matters handled by him is presented hereunder:

·       
Paul was pivotal
to the recovery of N16billion for Access Bank Plc in a highly controversial multijurisdictional
dispute against a Nigerian company. The dispute involved multiple complex cases:
8 (eight) within Nigeria and a few others spanning over a number of
jurisdictions including, the United Kingdom, Greece, Netherland and South
Africa. He played the leading role in the negotiation of a global settlement
agreement between the parties.
·       
Paul was the strategist and coordinating
anchor for the defence of Akwa Ibom State in the Supreme Court oil well matters
between Akwa Ibom State on the one hand and Rivers and Cross River States respectively
on the other hand. These cases were
determined in 2011
and the outcome thereof was Akwa Ibom State’s retention of most of its oil
wells that were the bone of contention in the suits.
·       
Paul represented
the immediate past Group Managing Director of Access Bank, Mr. Aigboje
Aig-Imoukhuede and the current Group Managing Director of Access Bank, Mr
Herbert Wigwe in a Suit against the Financial Reporting Council of Nigeria
(FRCN). The Suit challenged the statutory powers of FRCN to investigate issues
of mergers and acquisitions and other business combinations and in particular
the acquisition of Intercontinental Bank Plc (IBPLC) by Access Bank Plc. The
Court in an erudite judgment delivered on 24 October 2014, granted all the
reliefs claimed and perpetually restrained FRCN from investigating the
acquisition of IBPLC by Access Bank Plc which was declared a closed
transaction.
·       
Paul represented the Governor of Akwa Ibom
State, Governor Udom Gabriel Emmanuel and his political party in about 35
pre-election lawsuits from 2015, particularly at the Governorship and National
Assembly levels. All the cases were successfully defended by Paul and his Team.
Not a single one of those matters was lost at any of the Courts.
·       
Paul was the anchor, strategist and
coordinator for the defense of Governor Udom Emmanuel in the 2015 Election
Petition right from the Tribunal and up to the Supreme Court. The victory at
the Supreme Court indeed vindicated the strategy designed by Paul and his Team.
 
·       
Paul successfully defended the 2015 elections
of 11 National Assembly Members from Akwa Ibom State including those of the
current Senators, at the Tribunals and the Court of Appeal. It is indeed a
testimony to Paul’s legal sagacity and skills that not one of the
election-related matters handled by him was lost in 2011 and 2015.
·       
Paul championed the amicable resolution of
the dispute between Stanbic IBTC Bank, Financial
Reporting Council of Nigeria FRCN and the National Office for Technology
Acquisition and Promotion (NOTAP). Paul’s stellar dispute resolution skills
ensured that the parties resolved the most contentious issues out of court, following
which FRCN issued its written approval of Stanbic IBTC’s restated 2013 and 2014
Financial Statements.
·       
Paul successfully defended the Power
Holding Company of Nigeria in an arbitration instituted by the Lagos State
Government in respect of a dispute pertaining to the terms of a Barge Power
Purchase Agreement and a Contribution Agreement. The Lagos
State Government’s
claim in the sum of over 12billion Naira was rejected by the arbitral panel on
the basis of PUC’s compelling submissions.
·       
Paul played a crucial and leading role in
the team that represented a France-based multinational oil servicing company in
a landmark litigation against a Nigerian company for the recovery of judgment
sums of US$11,628,962.11; US$5,214,939.98; DM212,252,751.11; N26,349,753.61 and
US$7,157,865.87. The judgment delivered by the Court of Appeal in the second
quarter of 2015 has become a locus classicus in Nigerian jurisprudence on
the principles of subrogation of one party for another for purposes of
realizing a judgment debt. It is significant to note that Paul was not involved
in the proceedings at the High Court of Lagos State which gave rise to this
appeal. Indeed, he was engaged for a rescue mission after the appeal had been
lodged against the subrogation orders and had to re-engineer the entire
strategy of the case for a successful outcome. It is a tribute to his skill
that the subrogation orders earlier made against the French Company were
completely overturned and it was found not to be liable howsoever for the
judgment debts.
·       
Paul represented the immediate past
Governor of Akwa Ibom State, Governor Godswill Obot Akpabio, CON in three (3)
2011 pre-election matters. All 3 matters traversed the rungs of Nigeria’s
superior Courts, starting from the Federal High Court and terminating at the
Supreme Court and the judgments at each point were in favour of the former
Governor.
·       
As part of the legal team representing the Senate
President, Dr. Olubukola Saraki at the Code of Conduct Tribunal, Paul’s winning
litigation strategy totally reversed the narrative surrounding the
much-publicized trial of the Senate President from hopeless to not guilty.
Paul’s strategic cross examination succeeded in discrediting both the oral and
documentary evidence adduced at trial by the Prosecution. The legal team’s success
resulted in dismissal of the case by the Code of Conduct Tribunal on the ground
that no prima facie case was
established against the Senate President. The success indeed represents a
landmark victory and one of the few instances where a “No Case Submission” has
been upheld in a controversial matter of such nature.

The advocacy experience of Paul Usoro
is very robust and diverse. Paul leads the Litigation Group of the firm and is
personally involved in representation and drafting of processes for virtually
over 286 matters pending before various superior courts as at September 2017.
The various matters span all the areas of law including real property,
criminal, tort, industrial relations, election petition, taxation, and
commercial litigation.

Transaction
Experience
Apart from earning his stripes as a
seasoned and exceptionally skilled advocate, Paul is an experienced transaction
lawyer whose records and accomplishments include the world-acclaimed,
first-ever and all-round successful Nigerian Digital Mobile Spectrum Auction
conducted in 2000. The transaction earned the Federal Government of Nigeria
US$855,000,000.00 for 3 Digital Mobile Licences. Paul is indeed generally
acknowledged as Nigeria’s leading communications lawyer.

As an ICT law expert, Paul has been
involved in virtually all major transactions and regulatory reforms in the Nigerian
communications sector. In 2003, Paul Usoro drafted the Nigerian Communications
Act 2003, a robust and enduring piece of legislation that regulates the
communications industry till date. He has been the primary adviser to the
Nigerian Communications Commission (NCC) in most of its reform initiatives till
date. He served as Legal Consultant to NCC, and was
the only African and the sole Legal practitioner in the six-member
Auction Control Team for the Global Systems of Mobile Communications (GSM) Spectrum
Licence Auction that introduced Econet Wireless Networks Limited (now Airtel),
MTN Communications Limited and NITEL GSM to the Nigerian market.  Additional core ICT regulatory and
transaction experiences are highlighted hereunder:
·       
Drafted the Nigerian Communications
(Enforcement Processes etc.) Regulations, 2005;
·       
Drafted the Annual Operating Levy
Regulations, 2014;
·       
Acted as sole legal consultant to the NCC
in respect of the Mobile Number Portability and drafted the Mobile Number
Portability Regulations, 2014 as part of that assignment;
·       
Preparation, on behalf of NCC,
of a National Carrier Licence and an International Gateway Licences for NITEL,
a hitherto unlicensed monopoly;
·       
Acted as lead legal consultants
to NCC for the Second National Operator licensing processes, including the
auction and preparation of the 3 SNO licences;
the process
produced Globacom Limited as Nigeria’s Second National Carrier;
·       
Preparation of the Interconnectivity
Agreement between NITEL and licensed private network operators;
·       
Represented NITEL in the negotiation of the
Construction and Management Agreement for the laying of the SAT-3/SAFE/WASC
trans-continental fibre-optic cable project which spans the sub-Saharan African
Continent and extends to Far East Asia through Southern Africa, with European
landing points.  This was the first
trans-continental cable project in sub-Saharan Africa.

On account of Paul’s acknowledged
eminence as Nigeria’s leading Communications Lawyer, Akwa Ibom State Government
appointed and relied on him to manage its portfolio investment in Airtel in
2001. Paul negotiated this investment, valued as at the date of entry at the
sum of US$75,000,000.00.  Up to May 2006,
Paul sat on the Board of Airtel as a Director representing Akwa Ibom
State.  Akwa Ibom State Government cashed
out most of its investments in this enterprise in 2006, in the transaction by
which Celtel BV successfully invested over US$1,000,000,000, by way of share
purchase from existing shareholders and injected fresh capital into Airtel
(“Celtel Transaction”), which transaction was chiefly negotiated by Paul. The
State indeed made multiple returns on its investment amount. 

Paul led the Airtel Shareholders
Committee in negotiating the Celtel Transaction as the Committee Chairman,
which, at the time, ranked as one of the biggest private sector equity
transactions in Nigeria’s history. Paul represented the interest of all the
shareholders which included three Nigerian State Governments and blue-chip
corporate citizens like First Assets Limited, a wholly-owned subsidiary of
First Bank of Nigeria Limited. It is a testimony to Paul’s leadership quality
that Celtel BV insisted after the Transaction that he remains on the Board even
though Akwa Ibom State Government whom he initially represented had about sold
out completely from the Company. 

Celtel BV in 2010 sold out its equity
entirely to the Bharti-Airtel Group of India resulting again in the
reorganization of the Airtel Board. 
Again, Bharti-Airtel, the new 65% owners of Airtel insisted that Paul
remains on the Board of the Company where, as at date, he chairs the only
Committee of the Board i.e. the Audit Committee.

A founding Secretary General,
Telecommunications Law Association, Mr Usoro was named ‘Best Pan African
Telecoms Lawyer of All Times’ by the IT and Telecom Digest, Nigeria’s leading
and one of Africa’s foremost ICT magazines.



Boardroom
Experience
Paul is a consummate boardroom person
whose deep analytical mind and illustrious leadership skills are well
appreciated in all the Boards he sits. He has, at various times, served on the
Boards of several companies such as Premium Pensions Ltd, CR Services (Credit
Bureau) Plc (representing Zenith Bank Plc), Nigerian Bulk Electricity Trading
Plc and currently sits on the Boards of PZ Cussons Plc, Airtel Networks Limited,
Marina Securities Ltd and Access Bank Plc. Paul is a pioneer director of Airtel
Nigeria Limited, Nigeria’s leading mobile telephone company, having been
appointed to the Company’s Board in 2001, then  known as Econet Wireless Networks Limited; the
company has over the years undergone major ownership and structural changes
prior to being acquired by Bharti Airtel of India in 2010.  Paul is the only surviving pioneer director
of the company and has headed the Board’s Audit Committee since the entry of
Bharti Airtel till date.
A director of Access Bank Plc, one of Nigeria’s
leading banks, from 2014, Paul chairs the Board’s Remuneration Committee and
Governance & Nomination Committee. He also serves as a member of the
Board’s Audit Committee, Risk Management Committee and Credit & Finance
Committee. Paul was appointed as a director of PZ Cussons in 2011; he chairs
the People & Governance Committee of the Board. 
Between 2008 and 2014, Paul served as
a director on the Board of Premium Pensions Limited, a leading Nigerian pension
funds administrator and was, throughout the entire period, the Chairman of the
Board’s Audit Committee. He also served on the Board of CR Services (Credit
Bureau) Plc, Nigeria’s credit-rating organization, representing Zenith Bank Plc
thereat.  Paul has served on the Board of
Marina Securities Limited since 2011 and is currently the Chairman of the
Company. 
Public
Service
The erstwhile President of Nigeria,
Dr. Goodluck Jonathan, GCFR, in 2011, appointed Paul a pioneer director on the
board of Nigerian Bulk Electricity Trading Plc (NBET) – Nigeria’s sole power
trading organization, fully-owned by the Federal Government of Nigeria.  The NBET Board was, at that time chaired by
the then Nigeria’s Minister of Finance and the Coordinating Minister of the
Economy, Dr. Ngozi Okonjo-Iweala, with the Minister of Power as a member.  Paul was also the pioneer Chairman of the
NBET Board’s Audit Committee.
In 2012, Paul was appointed by the
Minister of Communications Technology into a select Ministerial Committee for
the review of Nigeria’s ICT Policy and he played a key role in that Committee’s
work, which final work product was approved by the Federal Executive Council.
Paul is on the Faculty of the Nigerian
Institute of Advanced Legal Studies as an astute trainer on telecommunications
law and practice. Accordingly, he has delivered several papers at NIALS’
workshops, seminars and training sessions. To mention but a few, the following
papers were personally presented by Paul while about 5 (five) papers, due to
conflict in schedule, were presented on his behalf by his colleagues in the
office:
·       
Telecommunications
Law and Regulations
”. Paper presented at the Legal Advisers/Law Officers
Course organized by the Nigerian Institute of Advanced Legal Studies
Government.
·       
Drafting
Commercial Agreements and Banking Documents: Telecommunications Contracts
”.
Paper presented to Course participants at Nigerian Institute of Advanced Legal
Studies, Lagos Campus.
NBA
Activities
Paul is a committed and active member
of the NBA and the International Bar Association. He attends most NBA Annual
General Meetings and National Executive Committee (NEC) Meetings. Paul is an
active member of the NBA Legal Profession Regulation Review Committee set up in
2016. PUC fully sponsored the Elders’ Night of NBA Lagos Branch 2017 Law week
and routinely sponsors Lagos Bar events. Paul hosted NBA NEC members and senior
lawyers in Uyo, Akwa-Ibom State in November 2014 and responds positively
whenever requested to sponsor and/or participate in Akwa Ibom and Cross River
States’ Bar activities. Paul’s Firm was the sole sponsor of one of the most
attended Break-out sessions at the 2017 NBA Conference: “Emerging Trends in
Global Legal Practice”. PUC paid for travel costs of the four (4) foreign
speakers who made presentations at the session.
Paul was the pioneer Chairman of the
Communications Committee of the NBA Section of Business Law (“SBL”). Supported
by Paul, PUC is actively involved in the sponsorship of SBL activities. The
Firm produced the Chairman of the SBL between 2010 and 2011, with the total
support of Paul Usoro, SAN.
PUC regularly pays annual practicing
fees and branch dues for its over thirty-five lawyers. Paul has presented
several papers at NBA programs, using the platform to share knowledge with old
and young lawyers. Some of these papers include:
·       
Frontloading
under Akwa Ibom State High Court (Civil Procedure) Rules 2009
”.  Lead Presentation at Joint Workshop by the 3
Nigerian Bar Association Branches (Uyo, Ikot Ekpene and Eket) in Akwa Ibom
State.
·       
E-Legal
Practice and the Prospects of Litigation in Nigeria
”. Lead Paper presented at a Session of the Nigerian Bar
Association’s Section of Legal Practice Maiden Conference in Abuja.  
·       
Licensing
Procedures under Communications Act 2003
”. 
Paper presented at the Nigerian Bar Association, Port Harcourt Branch
Bar Seminar/Law Week in Port Harcourt.
·       
Emerging
Nigerian Communications Industry and the Role of Lawyers
”.  Paper presented at the 2004 Annual Conference
of the Nigerian Bar Association held in Abuja. 
PUC’s
Support for Lawyers’ Wellness
For nine (9) years and counting, PUC
sponsors the Lawyers’ Table Tennis Open (Mfon Usoro Cup), nicknamed the largest
sporting event among lawyers. LTTO is a Table Tennis tournament open to lawyers
from within and outside Lagos. Travel and accommodation cost for out-of-town
lawyers are underwritten by PUC. The 9th edition of this tournament will
hold in October 2017. Prizes include fully paid return flight ticket to the International
Bar Association (“IBA”) Conferences and other attractive prizes for 2nd
and 3rd positions. Training for the tournament is on-going at the
National Stadium, Surulere, Lagos.
MALE CATEGORY
FEMALE CATEGORY
RANK
NAME
BAR BRANCH
RANK
BAR BRANCH
2016
1st
KABIR
ADELEKE
1ST 
TITILAYO OSAGIE
IKEJA
2nd
TUNJI
ABDULHAMEED
LAGOS
2ND
YETUNDE MARTINS
IKEJA
3rd
ADEYINKA
ADEREMI
3RD
TAOFIKAT ODUNUGA
2015
1ST 
TUNJI
ABDULHAMEED
LAGOS
1ST 
TITILAYO OSAGIE
IKEJA
2ND
KABIR
ADELEKE
2ND
YETUNDE MARTINS
IKEJA
3RD
OLUSEGUN
FABUNMI
IKEJA
3RD
ZAINAB OLABODE-SHODUNKE
LAGOS
2014
1ST 
TUNJI
ABDULHAMEED
LAGOS
1ST 
TITILAYO OSAGIE
IKEJA
2ND
OLUSEGUN
FABUNMI
IKEJA
2ND
SUSAN EZEIKPE
3RD
KABIR
ADELEKE
3RD
ANNE AIMUA
2013
1ST 
TUNJI
ABDULHAMEED
LAGOS
1ST 
TITILAYO OSAGIE
IKEJA
2ND
ADEYINKA
ADEYEMI
2ND
YETUNDE MARTINS
IKEJA
3RD
KABIR
ADELEKE
3RD
GANIAT ALLIU
2012
1ST 
ADEYINKA
ADEYEMI
1ST 
TITILAYO OSAGIE
IKEJA
2ND
TUNJI
ABDULHAMEED
LAGOS
2ND
SUSAN
EZEIKPE
3RD
WOLE
ODUWOLE
3RD
3RD
YETUNDE
MARTINS
IKEJA
2011
1ST 
ODUWOLE
OLAWALE
LAGOS
1ST 
TITILAYO OSAGIE
IKEJA
2ND
MOSHOOD
ABDULLAHI
2ND
YETUNDE
MARTINS
IKEJA
3RD
TUNJI
ABDULHAMEED
LAGOS
3RD
SUSAN
EZEIKPE
2010
1ST 
OLUSEGUN
FABUNMI
IKEJA
1ST 
TITILAYO OSAGIE
IKEJA
2ND
ADEDAYO
OSHODI
2ND
SUSAN
EZEIKPE
3RD
ONYEKA
ANIONWU
2009
1ST 
LEKAN
IJELU
IKORODU
2ND
DAYO
OSHODI
3RD
LOOKMAN
AGBOOLA
1ST 
LEKAN
IJELU
IKORODU



Papers
and Scholarly Works
·       
Telecommunications
Law and Regulations
”. Paper presented at the Legal Advisers/Law Officers
Course organized by the Nigerian Institute of Advanced Legal Studies. 
·       
Drafting
Commercial Agreements and Banking Documents: Telecommunications Contracts
”.
Paper presented annually from 2003 to Course participants at Nigerian Institute
of Advanced Legal Studies, Lagos Campus.
·       
Frontloading
under Akwa Ibom State High Court (Civil Procedure) Rules 2009
”.  Lead Presentation at Joint Workshop by the 3
Nigerian Bar Association Branches (Uyo, Ikot Ekpene and Eket) in Akwa Ibom
State.
·       
“E-Legal
Practice and the Prospects of Litigation in Nigeria”.
Lead
Paper presented at a Session of the Nigerian Bar Association’s Section of Legal
Practice Maiden Conference in Abuja. 
·       
Licensing
Procedures under Communications Act 2003
”. 
Paper presented at the Nigerian Bar Association, Port Harcourt Branch
Bar Seminar/Law Week in Port Harcourt.
·       
Emerging
Nigerian Communications Industry and the Role of Lawyers
”.  Paper presented at the 2004 Annual Conference
of the Nigerian Bar Association held in Abuja.
·       
Creating an Enabling Legal Environment for Information Technology. Presented at NITDA organized “E-Nigeria” Workshop in Abuja.
·       
Nigerian Issues on Interconnectivity Arrangements. Presented at the International Conference on Electronic Commerce
and Telecommunications in Lagos.
·       
Commentary
on Paper presented by Chief E A O Idowu titled “Bills of Lading: Practical
Implications – Today and Tomorrow
”.  Commentary made at 6th Annual
Maritime Seminar for Judges in Abuja.
·       
Legal Significance of and Issues on Electronic Bill of Lading. Presented at the Annual Maritime Seminar for Judges in Abuja.
·       
Legal Framework for Introduction of E-Commerce. Presented at US Embassy organized CTO Week in Lagos.
·       
Digital Mobile Licence Auction: The Success Story and the
Challenges therefrom.
Presented at the Lagos Business
School in Lagos.
·       
Drafting Commercial Agreements Banking Documents:
Telecommunications Contracts.
Presented at
Nigerian Institute of Advanced Legal Studies, Lagos.
Personality
Apart from the leadership roles he has
undertaken in NBA/SBL activities, it is a testimony to Mr Usoro’s leadership
skills, integrity, accountability, independent, analytical mind that he has
consistently been given the responsibility of chairing the Audit Committees of
the Boards of Companies he sits on -– a key and strategic committee of any
Board (chairs Airtel’s Board Audit Committee, chaired Premium Pensions Limited Board
Audit Committee and chaired NBET Board Audit Committee). He is a member of Access
Bank’s Board Audit Committee. His leadership qualities and illustrious nature
is evidenced by the Chairmanship of the Board of Directors of Marina Securities
Ltd.

Paul is a natural leader. Even at a
young age, he contested for and won the Presidency of the Law Society of Ife,
becoming the first student from Nigeria’s ethnic minorities as at that time to
occupy such office. He breaks down barriers and glass ceilings.

Paul is a peoples’ person, a consensus builder and a
master strategist. He knows no stranger, welcomes and accommodates all. Even
where Paul is invited by clients on a salvage mission, he always encourages the
client not to disengage the counsel previously engaged on the matter prior to
his instructions, promising to work with the counsel for and in the interest of
the client. Paul is known for his ability to effortlessly function as a team
player and a team leader. His keen attention to details and talent for logical
analysis, even under the riotous waves of pressure, have produced, and will
keep producing towering achievements. As a matter of practice and personal
conviction, Paul believes in and is committed to youth empowerment, diversity
and inclusion. New hires in PUC being post NYSC enjoy six figures start
salaries and are encouraged to tap into the sustainable growth scheme of the
firm. One such counsel grew from entry level post youth service to the position
of a partner. The firm has 2 female partners. Paul’s hard work, tenacity and
industriousness has catapulted PUC, founded by him in 1985 to one of the top
tier law firms in the country. Paul is a role model for and source of
inspiration to colleagues. He is a man who is unafraid of challenges; a brother,
selfless in his doings; a self-motivated motivator, a dogged and tenacious fighter
who never relents until he gets a positive result; and these, among other
things, have made him the primus inter
pares
.

Paul is an extraordinarily intelligent
but unassuming master strategist with the innate ability to associate and
connect with people from all walks of life. His calm mien naturally endears him
to people. His life story does not admit of “impossibilities”, from a
first-generation graduate to a founder of a top tier law firm, to a boardroom
guru, to a Senior Advocate of Nigeria, to a trail blazer and mentor for
several. Paul’s Midas touch makes him a much sought-after professional, in
Nigeria and internationally. Paul has a kind heart and a large capacity to
empathize. He offers financial assistance to people in need and those who are not
in want. Paul has withheld consent for the mention of his several charitable
donations and assistance to persons from every ethnic nationality in Nigeria.

Paul’s tranquil, self-effacing and
humble disposition belies his extensive national and international network of
contacts and friends. He has appeared in court and represented clients in
Kaduna, Kano, Abuja, Malumfashi, Katsina, Jos, Kafanchan, Makurdi, Minna,
Calabar, Port Harcourt, Enugu, Uyo, Benin, Asaba, Ondo, Ogun, Ikere-Ekiti,
Ibadan etc, and of course, Lagos, and remains loyal to friends he has made
along the way throughout his life and career. Paul does not hesitate to invite
his network of high net-worth friends to support a course he champions and
believes in. 

Paul’s practice has opened up
opportunities and relationships for him with Federal and State institutions,
blue chip private sector companies, international firms and organizations and
high net-worth individuals.

It is notable that all the activities
highlighted in this write-up predates
Paul’s decision to contest for the presidency of the Nigerian Bar Association.
His life and actions demonstrate consistency, propelled by genuine altruism.
Family Life & Hobbies
Paul Usoro, SAN, a devoted and loving
husband and father, is married to Mfon Ekong Usoro and they are blessed with two
children, one of whom is a legal practitioner, a member of the NBA and of the
New York Bar. He likes swimming, jogging and reading.
Prepared by PUC
September 21, 2017

The Body of Senior Advocates of Nigeria” (BOSAN) to host Party

The Body of Senior Advocates of Nigeria” (BOSAN) to host Party

An historic event is set to occur in Nigeria’s legal history.
For the very first time, the Body of Senior Advocates of Nigeria (BOSAN) will
come together in Lagos to hold its maiden Dinner on the 11
th of
November 2017. The event will be held at the Oriental Hotel, Victoria Island,
Lagos.

The dinner will welcome the newly inducted members of the Inner
Bar into the Body. Thisdaylive correspondents, Onikepo Braithwaite and Jude
Igbanoi 
spoke to Paul Usoro, SAN who is the Vice
Chairman of the Event Planning Committee about the details of the upcoming
Dinner.  Paul Usoro also gave an insight into the forthcoming
Conference of the Chartered Institute of Arbitrators, and his role in the
legal team that secured a discharge and acquittal for the Senate
President.

To find out more on the interview kindly visit this link: http://www.thisdaylive.com/index.php/2017/10/31/why-sans-are-rolling-out-the-drums-to-celebrate/
Senate Urged To Intervene In Failure To Complete The National Library After 11 Years

Senate Urged To Intervene In Failure To Complete The National Library After 11 Years

The Senate on Tuesday, October 31,
2017 criticized the inability of the Federal Government to complete the
National Library Building Project eleven years after the contract was
awarded.  Which has become a preventable economic loss and a national embarrassment.
 The matter was recently brought to the
fore of burning national issues during Tuesday’s senate plenary via a
motion sponsored by Senator Olugbenga Ashafa representing Lagos East senatorial
district captioned “The Preventable Economic Loss and national Embarrassment
arising from the failure of the Federal Government to complete the National
Library.”

The motion highlighted, amongst others, the
monumental economic loss that had become the lot of the nation due to the
failure of the FG to complete the project within the initial alloted
time-frame, the almost inexistent premium placed on knowledge and intellectual
capital in Nigeria, and how much damage had been wrought on the learning and
development culture of the Nigeria’s human capital.
In moving the motion, Senator Ashafa gave
more details including the fact that the project was initially awarded for the
sum of N8.59bn with a project timeline of 22 months. However, due to the
insufficient funding for the project and a series of reviews of the project
scope, the project suffered a huge setback which spiraled into other avoidable
pitfalls.
Senator Ashafa dwelt further on his worries
that the continuous failure of the FG to properly fund the project within the
specified period would cause the government both short term and long term
financial losses modestly estimated to be in the range of 40 to 50 billion Naira
and that there was the danger of more losses in the long run if funding
challenges persisted. One of the many concerns expressed in the motion included
the reality that the National Library of Nigeria still operates from a rented
building after 57 years of independence and trillions of Naira spent on the
project thus far.
In his contributions to deliberations on
the motion, Senator Emmanuel Paulker (Bayelsa Central) commended the motion and
its mover, Senator Ashafa, whilst stressing the need for government to speed up
the project and focus more on capital projects that enhance national/collective
learning and development.
In its resolution, the Senate urged the
Federal Government to prioritize the funding and completion of the permanent
site of the National Library of Nigeria in order to mitigate losses accruable
to the project. The Senate also resolved to mandate the Senate Committee on
Education to meet with the Honourable Ministers of Education and the Federal
Capital Territory and the National Librarian/Chief Executive Officer of the
National Library of Nigeria to adopt an appropriation strategy that would
ensure the completion of the project starting from the 2018 Appropriation Bill.
The FG was also advised to be more strategic in the award of contracts with a
view to embarking on only projects that can be adequately financed to the tune
of its budgetary appropriation.

The Future of Petroleum in Nigeria – Why the FUPRE Bill, signed into law, is a failed venture

The Future of Petroleum in Nigeria – Why the FUPRE Bill, signed into law, is a failed venture


Introduction
President
Muhammadu Buhari on Tuesday, 17th October 2017, signed into law the Bill
establishing the Federal University of Petroleum Resources, Effurun, Delta
State. 




The political rhetoric used to justify this development is that it
signifies the administration’s commitment to continue to support the socio-economic
development of the Niger-Delta region. It will be recalled that the Federal
Government in 2006
, under the leadership of former President
Olusegun Obasanjo, approved the upgrading of the Petroleum Training Institute
(PTI) Effurun into a degree awarding institution. With this approval, it became
the first Nigerian Petroleum Engineering University with the former PTI, itself
established in 1973, operating as one of its faculties.

The
FUPRE Bill – a failed venture?
However,
it is my opinion that the FUPRE Bill, turned law, is a failed venture for
several reasons.
First,
the world’s use of petroleum is approaching a tipping point – soon enough it
will become USELESS. The danger is not an imminent
collapse
in demand, but the start of a shift in investment
strategies away from finding new sources of oil to finding alternatives to it.
Electric cars may become commonplace in the future. Ten giant car makers,
including BMW and Volvo, have committed to
electric cars by 2019. The UK, China, India, France, Germany and many of the
developed countries have committed, or at least made plans to switch over to
electric powered vehicles
by 2025 onwards. A fortiori, this will
eventually be doing a disservice to the socio-economic development promised to the
Niger-Delta region.
Secondly,
this decision does not make economic sense. Oil prices have plummeted
in the space of three years. In the year 2014, a barrel of petroleum cost over
$100. By January 2016, and till date, the price of a barrel now cost less than
$55; although the recent cuts to output by OPEC have helped pushed the price to
over $60 in the past few days. Apart from the fact that petroleum is becoming
less profitable, renewable energy sources such as wind and solar are becoming
more economical and cheaper to produce. Nigeria has enormous solar
energy
potential, with fairly distributed solar radiation averaging
19.8 MJm2/day and average sunshine hours of 6h/day. The assumed potential
for concentrated solar power and photovoltaic generation is around 427,000 MW.
According to estimates, the designation of only 5% of suitable land in central
and northern Nigeria for solar thermal would provide a theoretical generation
capacity of 42,700 MW: which dwarfs the meagre 5,000 MW currently shared by the
whole country at present.
In
the same vein, with annual average speeds of about 2.0 m/s at the coastal
region and 4.0 m/s at heights of 30m in the far northern region of the country,
the potentials of Wind,
if turbines are erected in strategic places, are more than negligible. Same
factors also apply to generating power from Biomass.
In other words, investing capital to fund a petroleum university is a waste of
tax payers’ money and should be considered a bad economic judgement.
Lastly,
legally, this decision should be seen as offending Nigeria’s commitment to the Paris Convention on climate
change
. It will be recalled that Nigeria was one of the latest
countries to ratify the Paris Climate agreement
, which aims to avoid
the most devastating effects of climate change by cutting carbon emissions. Under
the agreement, each country submitted an emissions reduction proposal known as
Intended Nationally Determined Contributions (INDCs). In its INDCs, Nigeria considered 30 per cent
energy efficiency
in industries, homes, businesses and vehicles, and
increased use of natural gas in
generators and renewable energy
. Other measures being considered include
stopping gas flaring, capture of gas, setting standard for appliances,
generators, buildings and climate smart agriculture, all is expected to lead to
$4.5 billion benefits to the country
Although
projects like the Mambilla
Hydro-power plant
are commendable, the signing of the FUPRE Bill to
law could be seen as encouraging/fostering the continued use of fossil fuels,
which itself is causing a huge damage to our planet. 
Concluding
thoughts
It
is therefore worth reminding this government of the resulting economic and
social effects of the use of petroleum to the society, and its commitment under
the Paris Climate agreement. This government needs to face the reality of an
end to the oil era. Establishing a Renewable Energy Research Institute to
complement the PTI would have been a welcome development.
The
benefits of this are numerous. Nigeria can begin to conduct world leading
research on how to generate, exploit and export its huge renewable energy; at
least in a specialized and government funded research institute. Successful
research and implementation of renewable energy projects will open up new
stream of revenue for the federal government in the future when oil becomes
inevitably less profitable. It will reinstate the country’s status as a
precursor to innovation and sustainable development in Africa. And lastly, it
will reiterate Nigeria’s commitment to the Paris Convention on climate change.
The question however, is whether this government has the political will to
forsake its taste for oil, implement its climate goals and foster technological
advancements which will change the face of the nation for generations to come.
BY: Akorede Omotayo   
Akorede Samuel Omotayo is a First Class
LLB graduate of Bangor University, UK and a candidate of the Freshfields
Stephen Lawrence Scholarship Scheme. He has a special interest in International
Corporate and Commercial Law practice. He also holds a BA (Hons) in Philosophy,
Ekiti State University, and is presently preparing for his Bar I due to start
June 2018.

Paul Usoro’s Goodwill Message to the Eastern Bar

Paul Usoro’s Goodwill Message to the Eastern Bar



The quarterly meeting of the Eastern Bar Forum which is an association of lawyers who practice or come from Abia, Imo, Enugu, AnambraEbonyi, Cross River, Akwa-IbomBayelsaand Rivers State began today in Abakaliki the Ebonyi State capital.

The Governor of the forum, Arthur Elvis Chukwu will be presiding for the first time after being elected in June.
Paul Usoro SAN on this occasion has sent his good will message below dated 19th of October to the noble group.



19 October 2017

The Governor of Eastern Bar Forum
Sir Arthur Elvis Chukwu
Your Excellency,
GOODWILL MESSAGE TO THE EASTERN BAR FORUM
It gives me a great pleasure to welcome the Executive Committee and the entire members of the Eastern Bar Forum of the Nigerian Bar Association to our Quarterly Meeting. I believe we all had our well-deserved rest during the Annual Court Vacation and are back with renewed energy and vigour to pursue the sacred goal of enthroning rule of law and justice.
As we all know, our profession places very challenging responsibilities on us to champion the cause of the common man and the oppressed against exploitation, oppression and illegality. I therefore call on every member of this unique Forum not torelent on this daunting task of defending the rule of law against the rule of might. We must ensure that in courageously carrying out our duty to our Clients, we do not also forget our duties to the profession, courts and the public in facilitating theadministration of justice. These noble duties are, no doubt, challenging but with determination, strength of purpose and unwavering faith in promoting the good cause of humanity, victory shall be ours.
Moreover, while we selflessly fulfill our professional duties as lawyers, it is also important that we do not forget our own well-being and welfare. I advise all of us to take good care of our health and family. After all, charity begins at home. I fervently pray God Almighty to endow and bless us with sound heath and the wherewithal to discharge our roles and aspirations.
Long Live Eastern Bar Forum!
Long Live the Nigerian Bar Association!
Long Live the Federal Republic of Nigeria!
Yours sincerely
Paul Usoro SAN, FCIArb

Paul Usoro Supports the African Women Lawyer’s Association

Paul Usoro Supports the African Women Lawyer’s Association


Yesterday the 27th of October, 2017 was the 1st year anniversary celebration / shelter fund raising event, organized by the River State branch of the African Women Lawyers Association (AWLA) Nigeria.

Paul Usoro SAN was present at the Nyesome Wike Auditorium, NBA house in Port-Harcourt to support and chair the event which started by 1pm prompt.
In today’s society, discrimination continues to remain an ongoing problem within the legal profession, with a majority of women not reaching their maximum potential or even senior positions. The percentage of women who make up the legal profession are incredibly low, and the AWLA aims as an organization to challenge and change those low figures, ensuring black women lawyers reach their maximum potential.
Notable personalities were present at the event which occurred yesterday such as Chief B.M Wifa SAN, Hon. Ukiel Oyahiri (Comm. For Women Affairs, Rivers State), who represented the First Lady of Rivers State, Mrs. Eke & Mr. Frank Briggs from the Port-Harcourt Bar, Keynote speaker – Iyom Josephine Anenih, the President of AWLA Cordelia Eke and so many more.

Speaking at the event, Paul Usoro notably said “When women occupy positions of authority, there are more visible dividends” He generously donated N1 million to AWLA for the construction of a shelter for abused girls and women in Africa.
The keynote speaker Mrs. Josephine Anenih also gave an inspiring speech calling on women to be engineers of change to champion the cause of justice. She also stated “As a woman, you decide who and what you want to be. You do not need the validation of a man to be a woman”
It was a well-attended event which went smoothly; we wish the African Women Lawyers Association, a Happy Birthday and many more years ahead.
WIN 100k via  #PAULUSOROCHALLENGE – My Pro Bono Story

WIN 100k via #PAULUSOROCHALLENGE – My Pro Bono Story

Instructions:

Share a touching Pro-Bono
story on a case you have “handled” via a short Instagram video using
#PaulUsoroChallenge as the hashtag on the video and you stand a chance to be a
part of the 6 outstanding heroes who will win 100k each.

To
participate –
1.    
 Put up a creative
short video across social media (Max 2mins) using the HashTag
–#PaulUsoroChallenge stating why your Pro-Bono case deserves the  N100,000
prize money.  
2.    
Follow, the following Social Media Accounts –
 Twitter:       @PaulUsoroSAN
Facebook:
Paul Usoro SAN (Personal) & Page (@pusorosan)
Instagram:
@Paulusoro
LinkedIn:
Paul Usoro, SAN
·       
The competition
begins officially on Friday the 27th of October, 2017 and will
officially close on 10th of November 2017.
·       
There will be
extra points for gender related cases, child abuse & humanitarian matters.
·       
The best
entries will be decided by a team of Lawyers/influencers. The most compelling
and emotional entries will be decided via engagement.
·       
All entries
will be reposted by @PaulUsoro on Instagram
·       
Entries will be selected on zonal basis (6
geographical zones). 1 winner per zone; for outstanding Pro- Bono cases
rendered.
Campaign Closure
  Entries
submission will close on the 10th of November 2017
  Verification
of entries will commence immediately after closure of entry submissions
  Winners
will be selected and announced on Friday 17, November, 2017
Terms & Conditions
·       
All entries are
subject to verifications.
·       
All supporting
documents will be sent to a designated email address
·       
Past and
present PUC lawyers are not allowed to be a part of the challenge as neither
PUC nor Paul Usoro will influence the selection process.

My Pro Bono Story | Adedunmade Onibokun

My Pro Bono Story | Adedunmade Onibokun

Several weeks ago, I visited
all 3 Kirikiri Prisons, including the Maximum, Medium and Female Prisons. My
experience that day has stayed with me till now, I remember walking into the
Medium Male Prison and thinking it was the most hostile place, I had ever
visited, particularly due to its over crowdedness and the look in the hundreds
of stares that followed us around as we were given a tour of the Skill and
Acquisition Centers in the prisons.
 It’s where I met one of my Pro Bono clients
who is currently in remand at the prison while awaiting Trial. The visit had
been coordinated by my friend and Mandela Washington Fellow, Ahmed Adetola
Kazeem who is the Executive Director of Prisoners’
Rights Advocacy Initiative
(PRAI),a non-governmental organization providing
pro-bono legal and rehabilitation services to prison inmates, follow the link
to read about  My
Kirikiri Prison Tour
.


Offering Pro Bono services
is a wonderful way for lawyers to give back to the society, moreover, if
lawyers were more actively seeking Pro Bono cases, it’s safe to say our Prisons
will not be as over -crowded as they are and everyone would have more
confidence in the justice system.  Currently,
my firm Adedunmade Onibokun & Co.,
 is handling the case of an inmate
awaiting Trial Pro Bono and I am sure there are various firms and lawyers out
there also doing same.

Please share your Pro Bono
Story with me as well, looking forward to hearing them. They could be on  gender related cases, child abuse or
humanitarian matters.

Adedunmade
Onibokun
Founder 
@Legalnaija 

Text Of Nba President’s Tribute Delivered By Paul Usoro San In Honour Of Paul Nwokedi Jsc

Text Of Nba President’s Tribute Delivered By Paul Usoro San In Honour Of Paul Nwokedi Jsc

A special session
of the Supreme Court was held today in honour of Late Honourable Justice Paul
Nwokedi who died on the 3rd of September 2017.
Paul Usoro SAN who
was officially requested by the President of the NBA, Abubakar B Mahmoud SAN to
represent him  and the entire bar delivered  a heartwarming tribute
that demonstrated leadership,experience,intelligence and excellence.

The tribute read
thus:
TRIBUTE DELIVERED
BY THE PRESIDENT OF THE NIGERIAN BARASSOCIATION ABUBAKAR BALARABE MAHMOUD, OON,
SAN, FCIArb (UK) AT THE SPECIAL COURT SESSION IN HONOUR OF THE LATE
HONOURABLE JUSTICE PAUL KEMDILIM NWOKEDI, CON, HELD AT THE SUPREME COURT
ON WEDNESDAY, 25 OCTOBER 2017

My Lords
The Nigerian Bar
Association today mourns with the Nigerian Nation, the passage of one of our
icons and beacon of hope, the late Honorable Justice Paul Kemdilim Nwokedi,
CON.  In mourning His Lordship, we also celebrate his life and give thanks
to God for a number of reasons.  For one, we thank God that His Lordship
lived a full life and passed on at 90 years having seen his succeeding 3
generations – his 5 children, grandchildren and a great grandchild.  That
is not given to all.  His Lordship evidently passed on, on 03 September
2017, a contented man, having raised successful succeeding generations, amongst
them, our colleague and member of the Inner Bar, Uche Gringory Nwokedi,
SAN.  Even though His Lordship passed on 2 months shy of his 91st birthday
which would have been marked on 03 November 2017, His Lordship lived well
beyond the three score and 10 years that is given to man and this, by itself is
cause for celebration and thanksgiving.

For us as lawyers
and members of the Nigerian Bar Association, His Lordship’s life remains a
mirror and an exemplar.  In x-raying His Lordship’s life, we perhaps
should start from the middle and recall that His Lordship had a very successful
stint as a private legal practitioner in a partnership that was then known as
P. K. Nwokedi, Ibianwu, Okolie & Co before joining the Bench in 1974 in the
then East Central State of Nigeria.  The Bench is traditionally enriched
by the diversity of its members’ backgrounds and experiences, constituted as it
most often is by legal practitioners coming inter aliafrom the
private and official bars, the lower bench and the academia.  Sometimes,
making the leap from the private bar to the bench warrants real sacrifice and
deprivation particularly where the practitioner was adjudged by his peers to be
running a successful legal practice. Honourable Justice Nwokedi made that
sacrifice and was a stellar example of the service calling that compels or
propels the successful private legal practitioner to abandon his lucrative
private practice for service on the Bench.

It is a tribute to
His Lordship’s hard-work, intellect and competence that in 1985, about 11 years
after his appointment as a Judge, he was found worthy of further elevation to
the position of Chief Judge of the old Anambra State which then comprised the
current Anambra, Ebonyi and Enugu States. We however celebrate His Lordship
today as one of the extremely few jurists who successfully made the transition
from the High Court Bench to the apex Court Bench as a Justice of the Supreme
Court without intervening service years as a Justice of the Court of
Appeal.  The ranks of those Justices who made that leap included Oputa
JSC, Kawu JSC and Usman JSC and of course Honorable Justice Paul Kemdilim
Nwokedi.  His Lordship was elevated to the Supreme Court in 1990 at the
time that the mandatory retirement age for Supreme Court Justices remained
fixed at 65 years.  Thus, did it happen that His Lordship spent a rather
brief period at the Supreme Court, retiring therefrom in 1991.  But then,
those few years were memorable, with His Lordship leaving his mark and
pronouncements in the annals and sands of the Supreme Court and indeed our
jurisprudence.

As an Association
with the primary goal of protecting, promoting, advancing and fortifying the
rule of law, we cannot but highlight, in this occasion, His Lordship’s
prescient pronouncement in Agbai & Others v Okogbue (1991)
LPELR-225(SC)
 where the Supreme Court, in His Lordship’s lead
judgment pronounced thus:

“Much as one would
welcome development projects in the community, there must be caution to ensure
that the fundamental rights of a citizen are not trampled upon by popular
enthusiasm”.

These immortal
words are as relevant, applicable and germane today as they were in 1991 when
His Lordship pronounced them. Those words speak to all circumstances and
incidents when and where fundamental rights of a citizen may be threatened “by
popular enthusiasm”.  As His Lordship reminded all of us, in Agbai
v Okogbue (supra)
 “these rights have been enshrined in
legislation, that is, the Constitution”.  These rights are protected even
in circumstances where public sentiments, described by His Lordship as “popular
enthusiasm” presses for their abridgement. The “popular enthusiasm” that
provided the excuse for the abridgement of the appellant’s fundamental rights
by the respondents in that appeal was a “community development” project
promoted by an age-group in the appellant’s village.  Laudable as the
scheme was, His Lordship had no hesitation in striking down the aspect of the
community’s custom that constituted an infringement on the fundamental rights
of the appellant. This indeed is an object lesson for all of us vis-à-vis“popular
enthusiasm” that sometimes threatens the rule of law and the fundamental rights
of citizens.

We also fondly
remember His Lordship in relation to the principles that guide and gird the
interpretation of statutes.  Your Lordships are called upon, on a daily
basis, to interpret provisions of legislation, sometimes in circumstances where
the draftsman’s words lend themselves to more than one interpretation or are
ambiguous.  What should be Your Lordship’s guiding principles in those
circumstances?  That was the situation faced by Your Lordships in Idehen
& Others v Idehen & Others (1991) LPELR-1416(SC)
 where His
Lordship, Nwokedi JSC made the following immortal contributions in his
concurring judgment:

“Where there is an
expression used in an enactment which may be susceptible to two
interpretations, the Court may consider the consequences of either
interpretation in arriving at the intention of the legislature.  That
interpretation which appears to defeat the intention of the Act should be
bye-passed in favor of that which would further the object of the Act – Hill
v East & West Dock Co. (1884) 9AC 488 at 456
.  See also Lord
Green MR in Hankey v Clevering (1942) 2 KB 326 at 330
In Rein v Lane (1867) 2 LR QB 144 at 15 Lord Bowen LJ
stated the position as follows:

‘It is, I
apprehend, in accordance with the general rule of construction that you are not
only to look at the words, but you are to look at the context, the collocation
and the object of such words relating to such matter and interpret the meaning
according to what would appear to be the meaning intended to be conveyed by the
case of the words under the circumstances.’

“Our Courts have
often adopted the same line of construction of Statutes.  In Savannah
Bank (Nig) Ltd v Ajilo (1989) 1 NWLR (pt.97) 305 at 326
, Obaseki JSC
held that a statute should not be given a construction that will defeat its
purpose.  He further held as follows:

“Where alternate
constructions are equally open, that alternative is to be chosen which would be
consistent with the smooth working of the system which the Statute purports to
be regulating and that alternative is to be rejected which will introduce
uncertainty, friction or confusion into the working of the system – Shannon
Realities Ltd. v Ville de St. Michel (1924) AC 185
.’”

Earlier in his
Judgment in that Appeal, His Lordship had pronounced on the general and abiding
principles of statutory interpretation thus:

“It is a canon of
construction, that a statute may be construed ‘ut res magis valeat quam
pereat
’, that is to say, that the construction should ensure that the
intention of the legislature is not frustrated or defeated.  It is the
duty of the Court to give meaning to an ambiguous expression.  Bowen LJ in Curtis
v Stovin (1889) 22 QED 513
 put the position as follows:

‘The rules for the
construction of statutes are very much like those which apply to the
construction of other documents, especially as regards one crucial rule – viz,
that if possible, the words of the Act of Parliament must be construed so as to
give a sensible meaning to them.  The words ought to be construed ut
res magis valeat quam pereat
.’

“Fry LJ in the same
case at page 519 held as follows:
“The only
alternative construction offered to us would lead to this result – that the
plain intention of the legislature has entirely failed by reason of slight
inexactitude in the language of the section.  If we were to adopt this
construction, we should be constructing the Act in order to defeat its object
rather with a view to carry its object into effect.’”

The legislation
that fell for interpretation in Idehen v Idehen (supra)was
Section 3(1) of the Wills Law, Cap 172, Laws of Bendel State which provided as
follows:

–(1) “Subject to
any customary law relating thereto it shall be lawful for every person to
devise, bequeath or dispose of, by his will in manner hereinafter required, all
real estate and all personal estate which he shall be entitled to, either in
law, or in equity at the time of his death and which if not so devised,
bequeathed and disposed of would devolve upon the heir at law of him or if he
became entitled by descent, of his ancestor or upon his executor or
administrator.”

The contest in that
appeal was whether the proviso that prefaced the provision, to
wit
, “subject to any customary law relating thereto”, applied to the
testamentary capacity of the person making the Will or to the “customary law
relating” to the real estate or personal estate that was being disposed of or
bequeathed.  In applying the afore-quoted principles, His Lordship, in his
Judgment concluded thus:

“One then asks what
is the manifest intention of the Wills Law of Bendel State.  The obvious
answer is, to give generally testamentary capacity to “every person” of that
State.  If Dr. Odje’s construction is applied, every Bini citizen is
deprived of this testamentary capacity thereby frustrating the object of the
Law.  From the evidence adduced and on the authority of Olowu v
Olowu
 above, on the death of a Bini, all his estate is vested in
his eldest surviving male child.  Acceptance of the construction advanced
by Chief Williams would help to further the objective of the Law.

“It seems to me
therefore that the phrase ‘subject to the customary law relating thereto’ would
be referable to the customary law regarding the particular devise or property
sought to be devised.  It is my view that Section 3(1) of the Wills Law,
Cap 172 Bendel State, did not compel a Bini man to make his Will in accordance
with his customary law except where, from the nature of the property devised,
Bini customary law deprives him of the capacity to dispose of that particular
property.”

Indeed, the facts
of that Appeal related to Bini customary law vis-à-visthe
provisions of the Wills Law, Cap 172 of Bendel State, but the principles that
were pronounced upon by His Lordship and which were applied for the
determination of that appeal, were and are of universal application and apply
equally to interpretation of statutes generally.  These principles are
particularly relevant and applicable in circumstances that Your Lordships are
called upon, on a daily basis, to interpret and apply legislation, sometimes in
manners and in matters that could impact upon the fundamental rights of the
Nigerian citizens and/or the promotion and preservation of the rule of law.

Time and space
would not permit me, My Lords, to proceed with any further review of His
Lordship’s outstanding expositions in the Supreme Court Bench – and there are
several more in our Law Reports.  Permit me, My Lords, however, to point
out that the common threads which I find run through the judgments of His
Lordship, Honourable Justice Nwokedi are his scholarship, his lucidity, the
logic in his espousals, his feel for humanity, his sense of history, and, not
least, His Lordship’s abiding interest in the use of law for the advancement of
the rule of law and the protection of the fundamental rights of citizens. 
Possibly, if His Lordship was asked the underlying philosophy for his
judgments, he would have pointed to his Catholic upbringing and his socialist
bent – a rather ironic twist, i.e. His Lordship’s socialist streak, considering
that not only was His Lordship born into royalty, but the practice of His
Lordship’s chosen law profession, arguably, has aristocratic history and
bearings.

It would actually
appear that law practice, in some form, is and was embedded in the Nwokedi
family DNA.  His Lordship’s father, Chief Joseph Ndubisi Nwokedi, was a
colonial court interpreter who rose through the colonial judicial system to become
a customary court judge, working in the different districts of colonial
administration in Eastern Nigeria.  As an aside, it would have been
interesting to know what the older Nwokedi would have thought of his brilliant
son’s expositions on customary laws in the two authorities that we have
reviewed in this Tribute! The older Nwokedi went on to become the 3rd Uthoko
of Achalla and was married to Mercy Nwaugoye, the mother of Honourable Justice
Nwokedi, herself, from the royal Amobi family of Ogidi.  Thus, when we say
that His Lordship was born into royalty, we speak, not only of the older
Nwokedi but also of his wife, the mother of His Lordship.

Honourable Justice
Nwokedi’s brilliance shone through quite early in his life.  His Lordship
had his primary education at St. Joseph Catholic School, Onitsha and Holy
Trinity Primary School Onitsha.  From there, he gained admission to the
prestigious St. Gregory’s College, Lagos where he excelled in academics and
passed the Cambridge Senior School Certificate in 1945 in Division 1 with
exemption from London Matriculation.  His Lordship studied on his own to
earn a University of London BA degree in History in 1951 – a rare feat then and
even now.  He subsequently proceeded to the London School of Economics to
study Law and graduated in 1959 with an LL.B degree.  He passed his Bar
Finals (Part II) and was published as a member of the Honorable Society of
Lincoln’s Inn in 1959 and thereafter returned to Nigeria where he went into
private legal practice in Aba.  Not to be forgotten is the fact that His
Lordship was a devout and practicing Catholic – we have already mentioned this
as His Lordship’s possible abiding philosophy in his Judgements.  In his
post-retirement years, His Lordship devoted his life particularly to
seminarians and charity works.

As we mourn the
physical passage of Honorable Justice Nwokedi, we are comforted that he remains
alive in his succeeding generations but more importantly, in our hearts and in
our Law Reports.  His Lordship indeed comes alive daily each time his
pronouncements are read by and/or inculcated in our law students in the various
Law Faculties of our Universities and the Nigerian Law School or cited by Your
Lordships and lawyers in the various court hierarchies of our land, starting
from the magistracy right up to the Supreme Court.  That indeed is what it
literally means to live in the hearts and minds of succeeding generations and
that is a most befitting memorial to His Lordship.  He cannot and will
never be forgotten; he lives on, with us.  That is and should be a
consolation to his immediate family and indeed to all of us even as we pray for
the forgiveness of his sins and his gentle repose.

Abubakar Balarabe
Mahmoud, OON, SAN, FCIArb (UK)
President, Nigerian
Bar Association

Source: Courtroommail
PUC Wins Transport Law Award

PUC Wins Transport Law Award


Leading commercial Law
Firm, Paul Usoro & Co has been adjudged the Transport Law Firm of the
Year.
The Firm, led by one of
Nigeria’s foremost and most astute litigators, Mr. Paul Usoro, SAN, received
the Award from the Global Law Experts (GLE), the premier guide to leading
attorneys throughout the World.

Speaking on the Award, Mr
Usoro, SAN, posited that same is an acknowledgement of the Firm’s total
commitment to the growth of transport law and more importantly to raising the
standards of legal practice in Nigeria. Whilst expressing gratitude to the
Organisers of the Award for the recognition, and the entire PUC Team for the
feat, he restated his and the Firm’s commitment to uplifting the profession and
the employment of Rule of Law to enhance economic growth and prosperity of the
Nation.
He said: “This global
recognition symbolises the culture of excellence that we have imbibed as a Firm
over the years of our practice and I am so proud of my team for this
achievement. The Award without a doubt is a testament to the fact that hard
work ultimately pays,”
PUC joins an impressive
list of Law Firms in Africa that have distinguished themselves in terms of
innovation, performance and service per excellence in variegated areas of legal
practice at the Global Law Expert Awards (GLE). PUC is a full-service
commercial Law Firm that provides comprehensive legal services to blue chip
companies within and outside Nigeria, international organizations and
institutions as well as public agencies and governments.