When Lawyers Bury the Wig and Gown 1: Big Brother and the LPA | Lotanna Attoh

When Lawyers Bury the Wig and Gown 1: Big Brother and the LPA | Lotanna Attoh


Two
weeks ago, the Big Brother Nigeria reality TV show ended, and one youth (who
may or may not be lazy, depending on how you look at it) has emerged N25
million naira richer. Also newsworthy, but maybe not as much as the Big Brother
finale: the 113 plus Chibok girls still in captivity along with Leah Sharibu;
the Benue people still being killed; Lai Mohammed still being Lai Mohammed;
Senator Dino Melaye doing Jackie Chan-like stunts; thugs casually visiting the
National Assembly; and oh yes, Buhari still remains our president.

Yes,
all those take second place to Big Brother; such is the power of mindless
reality TV shows. Personally, I have never understood what the fascination is
with the Big Brother show, and I never will.

Now
you might be wondering what the correlation is between the topic above and Big
Brother? Well to those who were regular viewers of the show and are lawyers,
such might be obvious; but to others like myself who couldn’t be bothered about
it, but were forced to receive updates and information on it thanks to social
media and the show’s numerous fans, that link might not be so obvious. The link
between the two is none other its ex housemate, Cynthia Nwadiora aka Cee-C. Still
not clear? A little background then.

Cynthia
Nwadiora aka Cee-C is, presumably, a lawyer. That is all the background you
need.

This
article aims to look at the propriety or otherwise of conduct of persons who
are presumably practising lawyers, in relation to the relevant sections of the
Legal Practitioners Act . Our case study on this discourse will be Cee-C.


“Facts”

We
will be working on a set of presumptions. This is solely because of the fact
that I don’t personally know Cee-C, and thus I cannot factually speak about
anything concerning her; inference and presumptions will only be made here.

Our
chief presumption and the foundation of this discourse is that the now ex
Big-Brother housemate is a lawyer. I say presumption because I don’t know for a
fact that she is one, but all the information from social media and news outlet
claim that she is learned. Till it is rebutted, Cynthia Nwadiora aka Cee-C is a
lawyer.

Our
next step now is the question: when was she called to the Nigerian Bar?

Her
year of call will help in achieving the goal of this article: an earlier year
of call will bring about a different analysis from a later one. So, for the
sake of this article, we will presume, again, that she was called sometime
before she entered for the Big Brother reality show. Let’s say some 4 years
before; so, 2014 would be  her year of
call, hypothetically.

Next
is the crucial question: what was Cee-C doing in the ‘4 years’ since she was called
to the Nigerian Bar? Was she a practising lawyer, or was she engaged in some
other  profession? Again, we must presume
here. Let us go with the former supposition, i.e., that she was a practising
lawyer. Let us also presume that she was practising up to the moment before she
got into the Big Brother house.
Now
that we have all our ‘facts’ in place, let us take stock:

Cee-C is a lawyer


Cee-C was called to the Bar in 2014


Cee-C was a practising lawyer before getting in the Big Brother House
Now
let’s look at the law in relation to this topic.

The Law

The
relevant law to this discourse is the Legal Practitioners (LPA) (Amendment) Act
1994, with specificity to its section 12 (2).

Section
12 (2) states that:

“Where
a person whose name is on the roll is judged by the Disciplinary Committee to
be guilty of misconduct not amounting
to infamous conduct, which in the opinion of the Disciplinary Committee is
incompatible with the status of a legal practitioner,
the Disciplinary
Committee may, if it thinks fit give such direction as is authorised by
paragraph (c) (II) or (III) of subsection (1) of this section…”

I
have highlighted the relevant portion of that section to our discussion.

To
my unlearned friends, the above section is simply saying that where the
disciplinary body of our profession finds any lawyer to be guilty of conduct
which they judge to be unbecoming of a legal practitioner, such a lawyer will
be punished either by being suspended from practising law for a period of time,
or by being admonished by the body [section 12 (1)]. Pretty straightforward
right? Alas, like with all things law, it isn’t so, and there are
complications.

To
understand these complications, one must first of all understand the true
meaning of the section. And to do this, reference must be made to subsection
(1) (a) of the same section 12. Section 12 (1) (a) states:

“Where a person who is a member of the legal
profession is judged by the Disciplinary Committee to be guilty of infamous
conduct in any professional respect…”

The
phrase “… infamous conduct in any professional respect” simply
means conduct rendered in a professional capacity, which is at variance with
the rules and norms of the profession; it seeks to ensure that lawyers act
uprightly while rendering their professional services. In the case of NBA v
Alabi
(2006) 14 NWLR (Pt. 1000) 841, the Disciplinary Committee defined the
phrase to mean “infamous conduct in any professional respect is an act or
omission which in the opinion of the Legal Practitioners Disciplinary Committee
is such that will bring the legal profession into disrespect.” In that
case, the lawyer in question failed to remit to his client money given to him
for the client. In another case, Chike v LPDC (2005) 15 NWLR (Pt. 1026)
1, the lawyer misappropriated money given to him for his client. Such was held
to be an infamous conduct in a professional respect. In several other cases,
the Committee ruled against lawyers who acted unscrupulously in their
professional dealings.

Now
that we know that section 12 (1) (a) has to do with the lawyers’s conduct  in their professional capacity, we turn back
to section 12 (2). This section is the direct opposite of section 12 (1) (a).
This is so because its provisions make no reference to conduct in a
“professional respect,” rather the conduct which it seeks to prohibit
is that which “is incompatible with the status of a legal
practitioner.” What would then amount to such conduct? Unfortunately, the
Act does not specify; it leaves that question unanswered and open to one’s
discretion, and there lies the problem. Our case law is also rather lean in
this respect, as most of the disciplinary cases have bordered on conduct in a
professional respect (I found none which touched on conduct incompatible the
status of a legal practitioner.) Despite the dearth of materials on this issue,
I will refer to the textbook, Law In Practice in Nigeria (Professional
Ethics and Skills)
2nd Edition by A. Obi Okoye, for a better understanding
of such conduct as stated under section 12 (2). In pages 384 and 385  under the heading “Conduct not amounting
to infamous conduct, but which is incompatible with the status of a legal
practitioner,” the author lists out certain types of behaviour, that in
his opinion may be held to be conduct incompatible with the status of a legal
practitioner. He mentions: “the use of obscene language by a legal
practitioner in public, habitual drunkenness, fighting in public, seduction of
a client or his wife.”

We
now know the law and its problem; we can now proceed to the last part of this
article.

Cee-C

Recall
our earlier presumptions on Cee-C (stated above) under the heading
“facts,” that she is lawyer and she was a practising one up until she
entered the Big Brother house? Good.

I’m
sure you can now see my destination with all this, but before we arrive there,
let us indulge ourselves in one more presumption. For the sake of this
discourse, let us presume that Cee-C’s conduct in the Big Brother house was terrible
and full of shocking behaviour. In any case, the updates and reports on social
media during the show showed that this was the case. Still, as I didn’t watch
the show, I cannot confirm that.

With
this last presumption and taking into consideration others mentioned, the
question then is: can section 12 (2) of the Legal Practitioners (Amendment) Act
1994 be invoked against Cynthia Nwadiora aka Cee-C?

Can
her conduct in the house be sufficient 
grounds for the Disciplinary Committee to try her, and if found guilty
suspend her from practising law or admonish her? Can Cee -C’s conduct in the
house be held to be conduct which is ‘incompatible with the status of a legal
practitioner?”

Unfortunately,
I don’t have the answers to those questions. So, I will leave them to you and
the LPDC to ponder on.

Needless
to say, it is obvious that section 12 (2) and other sections of the Legal
Practitioners Act need to be reviewed and amended. There is currently a bill before
the National Assembly seeking to replace the existing Act, but I don’t know if
it contains an amendment to that section.

To my
learned friend Cee-C: Not all of us were made to suffer adjournments and the
like… I applaud your hustling spirit. You know what you want, keep chasing
it!
I remain a Minister in the Temple of Justice.

L. Attoh Esq. [2018] All rights reserved.
Photo:
thenationonlineng.net

Sensitizing People About Their Rights – Whose Responsibility Is It? | Judy-Vallery Imasuen

Sensitizing People About Their Rights – Whose Responsibility Is It? | Judy-Vallery Imasuen


A
sight that is so common among Nigerians is that of not knowing what their
rights are. The idea of “fundamental rights” has been so romanticized by the
populace that it is common to hear citizens vaguely bring almost any matter
under it. Therefore it is possible to hear a person who has been denied their
salary or is facing an eviction say that “their fundamental right has been or
is being breached.”

Due
to lack of sensitization, people are unable to distinguish between a
fundamental right, as provided for in Chapter 4 of the Constitution of the
Federal Republic of Nigeria 1999 (as amended)
, and other rights that are
safeguarded by the law and contracts. They do not categorize rights the way it
is done in the legal sector. Most times the general perception is one of
recognizing that there is a problem that needs sorting out.

What
this shows is that Nigerians are not adequately sensitized about what the law
is and how it affects them. Some do not seem to appreciate the importance of
contractual terms and conditions stated in letters addressed to them. They do
not see the importance of seeking clarification on terms they do not understand
before signing documents until it is too late.

They
are not aware of the existence of institutions that can help them. In addition
to this, their distrust in the efficiency of institutions such as the police
force is preventing them from getting the help they need. With this, the
unfortunate cycle of injustice continues everyday.

While
there are some people who are aware that their rights are being breached or are
about to be breached, they do not know the correct institution to go to in
order to have their issues addressed.

For
example, in Lagos State there exists the Domestic
and Sexual Violence Response Team
established with the aim of
eradicating sexual and gender-based violence. It is common for domestic
violence victims to run to a human rights organization first instead of
immediately reporting the matter to the Domestic and Sexual Violence Response
Team.

Although
domestic violence may lead to a violation of one’s fundamental right to life
and right to dignity of human person as provided for in Sections 33 and 34
of the Constitution of the Federal Republic of Nigeria 1999 (as amended)

respectively, an organization such as the Domestic and Sexual Violence Response
Team would be better able to handle such matters effectively.

Various
rights groups have sprung up to address the problems of the masses and render
assistance to them whenever they can. However, what the people do not realize
is that some of their problems could be easily addressed by filing a complaint
at the nearest police station without having to tolerate the injustice done to
them.

The
question then is, who is responsible for sensitizing the people? Sensitization
campaigns are not the responsibility of only a few. It is the responsibility of
all stakeholders who are dedicated to seeing that justice is done, such as
lawyers and rights groups. This is because they are in a position that enables
them to know about the law and explain it using simple terms.

Now
that we have been able to establish who bears the responsibility of sensitizing
the masses about their rights, the next question is how best could we carry out
sensitization campaigns? A good way of tackling this would be to follow the
practices of copywriters in the marketing sector.

In
simple terms, a copywriter writes advertisements that encourage people to take
a particular action such as purchasing an item or signing up to a course.
Before a copywriter writes an advert, they take time to analyze their target
audience to determine where they can be found, their habits, interests and common
problems or “pain points”. They know what medium their audience reacts to best.
Taking this medium into consideration, they craft relatable words that capture
the attention of their audience and achieve their primary aim of selling.

A
similar technique can also be employed in the legal sector to facilitate an
effective sensitization campaign by bringing the law to the masses using media
that they can easily relate with. 

For
a sensitization campaign to be effective, it has to take into consideration the
people it is meant for. The campaign has to be able to convey information using
a medium and language that can be easily consumed. This could take the form of
social media posts and pictures that portray the main point.

An
example of this can be seen in how Venezuela Inteligente, a digital rights
organization, used
social media to promote participation in legislative elections
. Mass
BlackBerry Messenger messages were sent out to encourage the youth to
participate in legislative elections.

If
sensitization campaigns are properly conducted, more people would know that
they can seek help to address their problems and hence would be better equipped
to fight for their rights.


Judy-Vallery
Imasuen

Legal
Practitioner at the Committee for the Defence of Human Rights (CDHR)

NBA Ikot Ekpene Branch honours Paul Usoro SAN

NBA Ikot Ekpene Branch honours Paul Usoro SAN

PAUL USORO, SAN IS HONOURED BY HIS HOME BRANCH, IKOT EKPENE BRANCH OF THE NBA AS THE PRINCE OF THE BRANCH, THE 1ST SAN FROM IKOT EKPENE SENATORIAL DISTRICT AND THE 2ND SAN FROM AKWA IBOM STATE.

Mr. Paul Usoro, SAN being presented with a Certificate of Honour  by Hon Justice Joy Unwana (Akwa Ibom State High Court Judge) on behalf of the NBA, Ikot Ekpene Branch. The certificate is in recognition of Mr. Usoro, SAN’s special position as the first and only Lawyer  from the branch that has been elevated to the rank  of Senior Advocate of Nigeria (SAN).

Accessing the Investors’ Protection Fund of the Nigerian Stock Exchange | Adejorin D. Abiona

Accessing the Investors’ Protection Fund of the Nigerian Stock Exchange | Adejorin D. Abiona


The Investors’ Protection Fund of the
Nigerian Stock Exchange (IPF) is a scheme set up by virtue of the provisions of
the Investments and Securities Act due to the activities of capital market
operators which sometimes endanger the interests of investors[i]. The primary aim of the Investors’
Protection Fund is to compensate investors who suffer pecuniary losses
resulting from some circumstances stated in ISA. This article examines the
Investors’ Protection Fund as it relates to investors accessing the said fund.

Administration of the Fund

The Investors’ Protection Fund is
administered by The Board of Trustees of The Nigerian Stock Exchange’s
Investors’ Protection Fund (“The Board”) subject to the regulatory supervision
of the Securities and Exchange Commission (the “Commission”).[ii]

Purpose of the Fund as it Relates to
Investors

The purpose for establishing the investor
protection fund is to protect investors in Capital Market by compensating those
who suffer pecuniary loss arising from any of the following[iii]:

(a) Insolvency, Bankruptcy or Negligence:

The fund shall be used to compensate
investors that suffer any loss arising from insolvency, bankruptcy or
negligence of a dealing member firm of a securities exchange or capital trade
point.

(b) Defalcation:

Defalcation refers a default, act of
embezzling, failure to meet an obligation, misappropriation of trust funds or
money held in any fiduciary capacity and failure to properly account for such
funds[iv]. Investors are protected
against defalcation committed by a dealing member firm or any of its directors,
officers, employees or representatives in relation to securities, money or any
property entrusted to, or received or deemed received by the dealing member
firm in the course of its business as a capital market operator.

(c) Revocation or Cancellation:

The Fund shall also be applied in
compensating persons who suffer pecuniary loss from the revocation or
cancellation of the registration of a capital market operator pursuant to the
provisions of section 38 of Investments and Securities Act which provides for
registration and regulation of capital market operators by the Security and
Exchange commission (SEC)

Who Can Access the Fund?

Every Investor with a dealing member firm of
the Nigerian Stock Exchange (“The Exchange”) who suffers pecuniary loss in any
of the circumstances stated above is entitled to claim compensation from the
investor protection fund.

 Accessing the Fund

a.      Submission
of Claim

A claim for compensation should be made in
the first instance to The Exchange or the IPF with all supporting documents. A
complainant must exhaust The Exchange’s complaint management procedure before
making a claim from the IPF[v].

The claim should be the amount of the actual
pecuniary loss suffered by him including the reasonable cost of disbursement
incidental to the making and proving of his claim less any amount or other
benefits received or receivable by him from any source other than the investor
protection fund in reduction of the loss[vi].

Documents needed in support of a claim[vii]

i.            Copy
of share subscription form

ii.           Contract
Notes

iii.          Receipt
issued by Firm

iv.          Account
Opening Form

v.           Acknowledgement
letter from the firm

vi.          Central
Securities Clearing System (CSCS) transaction history statement

vii.        CSCS
client account statement

viii.       Bank
Statement

ix.          Copy
of Cheque issued/ bank draft

x.           Registrar’s
statement of transaction,

xi.          Shares
allotment letter from registrars

xii.        Copy
of share certificate,

xiii.       Letters
of Administration/ Probate (in the case of an estate)

xiv.       Company
incorporation documents (copy of certificate of incorporation, particulars of
directors statement of share capital).

xv.        Means
of identification e.g. driver’s license, international passport, national
identity card, bankers confirmation etc.

xvi.       Such
other documents evidencing identity and ownership over shares.

Where the claim of an investor is rejected,
such Investor may institute an action to compel payment at the Investments and
Securities Tribunal[viii].

b.      Verification

The Exchange shall verify every claim within
thirty (30) days after its internal process and determine the amount or extent,
if any, to which the claim shall be allowed. Payment shall only be made based
on verified claims in accordance with the Investors’ Protection Fund Rules and
the provisions of the Investments and Securities Act[ix].

c.      Payment

Payment shall be made when it has been
satisfied by evidence that[x]:

i. the investor has a claim against a Dealing
Member;

ii. the investor has duly applied for
settlement of its claim from the Dealing Member;

iii. the Dealing Member is unable to satisfy
the claim within a reasonable period;

iv. the investor has exhausted The Exchange’s
internal complaint resolution procedure;

v. the investor has duly applied for
compensation from the Fund; and

vi. The Exchange has verified the claim.

Amount of Compensation Payable

The maximum compensation payable to an
investor is an amount that is determined by the Board from a written policy
from time to time. The maximum amount payable set by the Board in 2015 is
N400,000 (Four Hundred Thousand Naira) per Claimant[xi].

Where the loss is less than the maximum
amount fixed by the Board at any given time, the investor may be paid the full
amount of the loss, less any amount or value of all monies or other benefits
received or receivable by him from a source other than the Fund in reduction of
the loss[xii].

In addition to any compensation, the investor
is also entitle to interest at the rate of five per cent per annum calculated
from the day upon which a claim arose and continuing until the day upon which
the claim is satisfied[xiii].

Conclusion

Many investors suffer financial losses from
activities such as market manipulation, misrepresentation, false trading and
negligence of some capital market operators and as such, it is quite important
to adequately protect them. The IPF as examined above provides a form of
protection to this Investors and it is commendable that the Nigerian government
subscribes to this.

It is however noteworthy that the IPF is
different from the NIPF. While the IPF compensates aggrieved investors for
losses enumerated above, the SEC established the National Investor Protection
Fund (“NIPF”) in line with its powers under of the ISA [section 13(k)] to
compensate investors whose losses are not covered by the IPF.

References

[i]  Section
197, Investments and Securities Act, 2007.

[ii] Ibid

[iii]
Sections 197, 212, Investments and Securities Act, 2007.

[iv]
Section 315, Investments and Securities Act, 2007; Chief Livinus Ezemegbe v.
The Nigerian Stock Exchange & Anor. 2006 Legalpedia SEC CV80

[v]
The Nigerian Stock Exchange Investors’ Protection Fund: Frequently Asked
Questions retrieved from
http://www.nse.com.ng/regulation-site/becoming-an-investor/FAQs on February 11,
2018; Section 213, Investments and Securities Act, 2007.

[vi]
Section 213 (6), Investments and Securities Act, 2007

[vii]
The Nigerian Stock Exchange Investors’ Protection Fund: Frequently Asked
Questions supra

[viii]
Chief Livinus Ezemegbe v. The Nigerian Stock Exchange & Anor supra

[ix]
Section 213, Investments and Securities Act, 2007.  Paragraph 4.01,
The Nigerian Stock Exchange Investors’ Protection Fund Rules retrieved from
http://www.nse.com.ng/regulation-site on February 11, 2018

[x] Paragraph
4.02, The Nigerian Stock Exchange Investors’ Protection Fund Rules supra

[xi]
NSE Press release dated August 5, 2015 retrieved from
www.nse.com.ng/mediacenter/pressreleases/pages/IPF-Set-to-Compensate-Investors
on February 11, 2018

[xii]
Paragraph 4.04, The Nigerian Stock Exchange Investors’ Protection Fund Rules
supra

[xiii]
Section 213 (7), Investments and Securities Act, 2007


Adejorin David Abiona 
Associate at Tokunbo Orimobi LP 
Source – LinkedIn 
IP ABC: Patenting Your App/Software | Infusion Lawyers

IP ABC: Patenting Your App/Software | Infusion Lawyers

Question of the Week (1) 
We are a tech
company in Nigeria. We have just finished building an app
first of its kind in Africa. Because we have
big plans for this app, we need to protect it. Since the app has an
innovative and intuitive technology, we want patent protection. How do we
go about getting a patent in Nigeria?


Answer 

You want to patent your new and intuitive app
in Nigeria.


In Nigeriaand most countriesapps are eligible for copyright
protection only, not patent.




This is because apps are software programs and software programs are
categorized as literary works under the Nigerian Copyright Act. They are
literary works because software programs are written in computer language
(whether source code or object code). The fact of their being written is what
makes them literary, thus their functionalities are immaterial.

The implication of the position above is that your company cannot
successfully apply for patent at the Trademarks, Patents & Designs Registry
in Nigeria. Patents are granted to protect new scientific and
technological inventions only, not software programs. So while your app may
have “innovative and intuitive” capabilities, the Patents and
Designs Act—which applies to inventions in Nigeria—does not
recognize software programs as subjects of patent.

Note that the only
way your app can be eligible for patent in Nigeria is if the app has any
functional or technical features that is new and inventive since patent
protects technical or functional features in a product or process, not just any
product or process.

But if your app does
not contain this feature, it cannot be patented. At best, it can only be
copyrighted since software is a ‘literary work’ by virtue of being written or
expressed in computer language. (Copyright is not concerned with the functional
or technical feature of your app, if it contains any functional and technical
features.)

Patenting Your Software outside Nigeria

Because you have “big plans” for
your app, you may consider patenting your app in other jurisdictions,
particularly the marketplaces you wish to expand to. In Europe and the United
States for instance, software patents are legally acceptable, but subject to
certain requirements. In Europe, the European Patent Office (EPO)
treat software programs as computer-implemented inventions and requires
that to qualify for patent, the software program or computer-generated
invention must solve a technical problem in a novel and
non-obvious manner
. In the US, patent law does not permit
granting software patent that contains abstract ideas.

To help your company navigate this typically technical software-patent matter,
consult an IP lawyer or law firm.


Best wishes

IP ABC
Image Credit – www.pixabay.com 


The Place of Pupillage and Mentorship in the Future of Legal Practice in Nigeria | Paul Usoro SAN

The Place of Pupillage and Mentorship in the Future of Legal Practice in Nigeria | Paul Usoro SAN


“The
topic ” The Place of Pupillage and Mentorship in the Future of Legal
Practice in Nigeria” is very hot because the standard appears to be
falling and most people equates pupillage  with housemanship.

Pupillage is not exactly the same
as Mentorship. Pupillage simply means understudying a person in order to better
your knowledge and understanding of legal practice. Mentorship on the other
hand is a platform for junior lawyers  to look up  to the senior lawyers
to guide them. Mentorship is not formal like pupillage. A mentor shows you the
pothole to avoid and the things to know so as to have a successful practice.

Pupillage is a mandatory
programme for the training  of barristers in the UK. In Nigeria we have a
fused practice. Our pupillage must be able to accommodate the transaction and
litigation aspect of our legal practice. Mentorship is voluntary and does not
form part of the qualifying process. It has no formal arrangement like
Pupillage.

The essence of both Pupillage and
Mentorship is to improve the standard and quality of lawyers in legal practice.

If our Pupillage programme is
going to be part of the qualifying process, then it should be regulated by the
Council of Legal Education.

The firms that the young lawyers
will be attached must be firms with a certain standard. Standard must be set
and maintained for our firms.

The issue of minimum wage during
pupillage is an issue that must be factored elaborately.
I support mentorship as
well as pupillage because it helps you to build a successful and sustainable
practice as mine. I served here in Makurdi at the Law Firm of George Uloko
& Co. I was not paid big money but the foundation of what I am today
was built here in Makurdi.

The basis of our profession is
seniority/respect. Our Juniors must learn how to respect the senior lawyers and
should not see all of them as unworthy of emulation. The bar we should build
must be an inclusive bar that has a place for the junior lawyers to grow with
respect for the senior lawyers “

2018 Career Training For Lawyers – 3 Days To Go

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According to ‘PWC’, the North American sports industry is expected to reach $73.5 billion by 2019 and the Nigerian Sports Industry also has enormous potential as well.

These industries require more lawyers with the requisite competence to service its legal framework and players. Participate in the Career Training For Lawyers and give your legal career the boost it deserves while improving your competence in the Entertainment, Sports and Creative Industry.
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Sexual Assault by Penetration

Sexual Assault by Penetration


Section 259 of the Criminal
Law of Lagos State, provides that;

“Any person who penetrates
sexually the anus, vagina, mouth or any other opening in the body of another
person with a part of his body or anything else, without the consent of the
person is guilty of a felony and liable to imprisonment for life.”

This offence is known as
sexual assault by penetration and it means that the following acts are
punishable, under that section;

1.      A
man (or woman) forcibly penetrating the body of his/her spouse, sexually. This
is referred to in some countries as spousal rape.

2.      Forcible
sexual penetration of a member of the same gender.

3.      The
sexual assault need not involve the genitals, to violate the provisions of this
section as penetration with objects, (so long as it done in a sexual manner) is
now clearly included.

4.      This
offence also covers an unwelcome sexual penetration of the anus, mouth or any
other opening in the body of the victim. Anal rape for instance, is now be
punishable under this section, in Lagos State.

Please note that this
offence is punishable with life imprisonment; same as rape.

It is important to note that
as of today, as far as this writer knows, this provision has only been enacted
in Lagos State (there is a similar provision in Section 1 of the Violence
Against Persons (Prohibition) Act, 2015, (VAPPA) which defines rape to include
all acts included in Section 259 of the Lagos law. But this law is applicable
only in Abuja).

In other states, the
Criminal Code/Penal Code, provides for rape and defines it to mean the unlawful
penile penetration of the vagina, without the real consent of the victim. These
laws do not recognise for instance, spousal rape, anal rape or even same gender
sexual violence. All these fall under indecent assault which is punishable with
three years imprisonment (in the case of a male victim) and two years
imprisonment, in the case of a female victim. The punishment for these, in this
writer’s opinion, is not enough to serve as punishment or a deterrent, for the
commission of these offences. This is so because, penile-vagina rape is
punishable with life imprisonment, under the Criminal and Penal Codes. It is
therefore inexplicable, that other forms of sexual violence, subject of this
discourse, and in which the victim is supposedly in a similar or even worse
situation than the victim of penile-vagina rape, carry such a negligible term
of years, as punishment.  

One of the applaudable
innovations of the VAPPA, is that Section 1(4) thereof provides that a register
for convicted sexual offenders shall be maintained and made accessible to the
public. This will not only serve to deter the commission of sexual offences,
but will also help to protect any prospective victim from falling prey, since
background checks can now be done on persons. It will be very beneficial, if this
provision can be enacted and implemented by all states of the Federation.

In conclusion, since sexual
offences come in different forms, our laws must recognize this and be dynamic,
to ensure that justice is served, at every material point in time. It is the
writer’s wish that other States begin to amend/alienate their criminal laws, so
as to ensure adequate protection for victims of sexual assaults, that adequate
punishment is meted out to offenders and to ensure ultimately, the safety of
lives and dignity of all, living within their jurisdictions.

 Zeniath Abiri 

Abiri & Mustafa 
Source – LinkedIn 

Dissolution Of Marriage Contracted Under Islamic Law | Zeniath Abiri

Dissolution Of Marriage Contracted Under Islamic Law | Zeniath Abiri


There
are two major ways through which a marriage contracted in line with Sharia or
Islamic principles, can be dissolved, which are;

1.     Talaq
and

2.     Khul’u.

In
view of the fact that the second method of dissolution of marriage is less
discussed and consequently, less known in this part of the world when compared
to Talaq, focus shall be on Khul’u in a bid to shed more light on the subject..

The Khul’u System of
Dissolution of Marriage.

Khul’u
means the dissolution of a marriage, usually on the giving of  something
of value, by the wife, to the husband. It is initiated at the instance of the
wife, against her husband, where she is so unhappy in her marriage, or the
relationship between her and her husband, is so strained, that a harmonious
relationship between them, as spouses, is impracticable. Certain scholars take
the position that for Khul’u to be effective, the dissatisfied wife may, as
consideration for the divorce, surrender the dowry and other material gifts,
where necessary, to her husband, to compensate him for his material losses. The
husband on the other hand, may, if he likes, waive his right to compensation,
and simply agree to divorce her. Once Khul’u occurs, it is an irrevocable form
of divorce. This system of divorce is sometimes referred to as ‘Khula’.

The
most well-known story that references khul’u and serves as the basis for legal
interpretations, is the story of Jamilah, the wife of Thabit ibn Qays:

1.     Narrated Ibn ‘Abbas: The wife of Thabit bin Qais
came to the Prophet (PBUH) and said, “O Allah’s Apostle! I do not blame
Thabit for defects in his character or his religion, but I, being a Muslim,
dislike to behave in un-Islamic manner if I remain with him.” On that
Allah’s Apostle (PBUH) said to her, “Will you give back the garden which
your husband has given you as Mahr (dowry)?” She said, “Yes.”
Then the Prophet (PBUH) ordered to Thabit, “O Thabit! Accept your garden
and divorce her once.” See  http://www.searchtruth.com/book_display.php?book=63&translator=1&start=0&number=197

There
are two principal ways for a wife to achieve divorce through Khul’u;

(i)                 She
informs her husband that she no longer wishes to remain in marriage with him;
and requests that he divorce  her.

(ii)               If
her husband is not willing to grant her a divorce, the wife is well within her
rights in Shariah, to approach a Sharia Court and present her divorce case to the
Kadi (Shariah Court Judge) The Judge would then summon the husband and ask him
to declare a divorce upon his wife and free her from the marriage. If the
husband for any reason refuses, the Sharia Judge,
irrespectively, may declare a divorce between the husband and the wife of the
marriage, if he is satisfied that peaceful coexistence in matrimony, cannot be
achieved by the parties.

Once
the wife expresses her desire to exercise her right under Khul’u, two
circumstances may arise,

1.     Both
the husband and wife mutually decide to divorce or the wife wants it, and
certain conditions are agreed upon, between the couple. In this case, the
couple need not have recourse to law, as it is enough to meet these conditions,
and then for the couple to pronounce that they are now divorced from each
other.

2.     A
wife wants it, but the husband is reluctant, and insists on the subsistence of
the marriage, despite the wife’s resentment to it. In this latter case, the
wife may proceed to the Sharia Court, and have her petition for the grant of
khul’u, heard. The following questions must be resolved;

–         Can
anything be done at all, to salvage the marriage?

–         Is
the wife entitled to such separation? If so, under what circumstances?

–         Can
the Khadi (a judge of the Sharia Court) dissolve the marriage, despite the
husband’s insistence on its continuance?

·        Because
the laws of khul
ʿu in particular cannot be found in the Qur’an
directly, a Sharia court
judge must discern from Hadith and Islamic jurisprudence historical cases what
they believe to be valid reasons for this system of divorce. See Macfarlane,
Julie Islamic Divorce in North America: A Shari’a Path in a Secular
Society
 Oxford: Oxford
University Press
, 2012, p. 168-9.

In
Usman v Usman (2003) 8 NWLR (Pt. 208) 253 CA @ pp 129 – 130 paragraphs H – D,
the wife requested a divorce due to cruel conduct by the husband. The
husband refused to agree to the divorce and the Kadi dissolved the marriage and
ordered the wife to refund the estimated amount of the bridal gift and marriage
expenses. The Court of Appeal affirmed the divorce.

 It
must be noted that a kadi cannot compel a wife seeking divorce through khul’u,
to explain her reasons. Though it is desired that she does, it is enough for
her to state that she is discontented with her marriage and is no longer
interested in continuing with the marriage relationship. The kadi will
grant divorce, if he is satisfied that harmonious co-existence between the
couple is no longer feasible or the continuance of the union is strongly
resented by the wife, and/or that the couple would transgress the bounds of
Allah, if the divorce is not granted.

Issues that are Usually
Considered, Upon a Petition for Khul’u.

Compensation:

While
many scholars agree that the man is not entitled to more than the initial
amount of dowry (mahr/dower), given to the wife at the time of celebration of
the marriage, others do not think he is entitled to any compensation at all
while a few think he is entitled to more, especially where the wife has
attained a certain higher social status or is in a better financial standing,
by reason of the marriage. But what has been applicable in Nigeria, is that the
woman returns the dowry along with other wedding gifts, given to her, by her
husband. A considerable number  of scholars have said the principle of
compensation is to apply, only when the husband is not at fault. They base this
idea on the fact, that Islamic law does not help the transgressor or wrong
doer, and that the law leans in favour of the party who is less at fault. I
tend to agree more with this group of scholars.

Another
scenario that occurs under this head, is where the unwilling husband to
divorce, requests an unreasonable financial compensation, as in the case of Usman
v Usman (supra),
where the husband was requesting for half a million Naira
as compensation.

Custody:

·        Usually,
the issue of custody of the children of the marriage, is resolved in favour of
the woman. The man is still expected to provide child care and support, unless
the woman declines this and can afford to care for the children, without their
father’s help. Once a child is old enough, he is given the choice of
determining who has custody. See Welchman, Lynn (1998). Women and
Muslim Family Laws in Arab States: A Comparative Overview of Textual
Development and Advocacy.
 Amsterdam: Amsterdam
University Press
p. 121.

Iddah:

When
a woman is granted a divorce through khul’u, she is required to enter a waiting
period, known as iddah. The waiting period (usually three months), is observed
before she can remarry, to ascertain whether she is pregnant and where she is
found to be pregnant, avoid controversy as to the paternity. If the wife who
has successfully exercised her rights under the khul’u system, finds that she
is pregnant, she must be delivered of the baby before she can be totally free
to remarry. See Tucker, Judith E. (2008). Women, Family, and Gender in
Islamic Law
. Cambridge: Cambridge
University Press
, p. 100-101.

Another
way through which a woman may divorce her husband, in islam, is known as tafwid.
It is a less common system in Nigeria and involves the husband handing over the
power of divorce, to his wife. He may use words like, “I permit you to divorce
yourself from me” or “I hand over to you, the power of divorce”. The wife,
where she accepts it, is expected to say immediately (or a short time
thereafter, but no longer than the next day), “I divorce myself from you”. This
option is usually exercised by the husband, where he does not want the society
to look down on him, for divorcing his wife. It may also be exercised by him,
when the wife requests for it. In the latter case, it becomes a form of khul’u.

In
conclusion, though many may not know this, the khul’u system of divorce is the
most common form of divorce in areas where the Sharia Law is applicable, in
Northern Nigeria. See Nasir, Jamal J (2009). The
Status of Women Under Islamic Law and Modern Islamic Legislation
.
Brill. p. 130 ISBN9789004172739.

Zeniath Abiri
Abiri & Mustafa LP
Source – LinkedIn
Photo Credit – www.muslimvillage.com 
7 Times Mfon Usoro Lawyers Female Table Tennis Champion Shares Her Experience, Says Paul Usoro Is A Pathfinder NBA Needs

7 Times Mfon Usoro Lawyers Female Table Tennis Champion Shares Her Experience, Says Paul Usoro Is A Pathfinder NBA Needs


I have heard people speak about
Paul Usoro SAN as regards his passion to develop the legal profession through
sponsorship of different capacity programmes, some of which challenge the legal
mind, and others are sporting activities which not only challenge the mind and
body, but create relaxation and promote friendship amongst lawyers. I am well positioned to
speak on his involvement in the area of sports, having won the females’ gold
medal and trophy at the MFOM USORO LAWYERS’ TABLE TENNIS CHAMPIONSHIP (An annual
lawyers table tennis competition sponsored by Paul Usoro SAN since 2009) for
seven consecutive times.

Table tennis is a passion I nurtured from childhood. I attempted
to develop it to a competitive level then. I needed to go to school but
couldn’t put sports and schooling together. ”Hey, you can’t eat your cake and
have it”, i was told. So I dropped table tennis for school.

While in UNIBEN in 1995, during the West Africa Universities
Games (WAUG) hosted by the school that year, I won a bronze medal in the
females’ doubles in the game and thought that was about the closest I could
come to expressing myself in this area I love so much.

You can then imagine my delight when in 2009, Paul Usoro put
smiles on my face (and that of many other colleagues) by creating a platform
for lawyers to interact in this manner. I have always known that this was
necessary since sports is life, but I never thought anyone could conceive, let
alone birth such an idea in this our otherwise conservative ”fit and proper”
professional environment. I would ordinarily jump at any opportunity for a game
of table tennis without incentives.

Paul Usoro however tied mouth-watering prizes ranging from Law
Reports, Sports Kits, Cash Prizes and Return Ticket to International Bar
Association (IBA) Conferences to it. So, I have everything to play for and
nothing to lose. Thank you Paul Usoro, for giving me the opportunity to eat my
cake and still have it.

Apart from the sponsorship, what amazes me year in and out is
the personality of Paul Usoro and his wife, so much humility and courteousness.
We get treated each time like kings and Queens that sometimes, i get confused
as to who is doing who a favour.

The NBA today is in need of a president that is sensitive to the
welfare of its members. A president that would go to the core to ignite, re
establish and redefine the essence of the association to center around the
lawyer.

NBA is in need of a pathfinder, one who would think outside the
box to open up new frontiers of opportunities to the lawyer (like he did in his
specialized area of practice) and protect existing ones from incursion. A
president who sincerely loves the profession and has demonstrated his sincerity
and commitment to its progress even when political office was not contemplated.
Need I say more?

TITILAYO OMOBOLANLE OSAGIE ESQ.
7 TIMES FEMALE CHAMPION (2010 – 2016)
MFON USORO LAWYERS TABLE TENNIS CHAMPIONSHIP
Source – www.thenigerianlawyer.com