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Apr 9, 2020

NBA ELECTION 2020: An opportunity to secure the future of Nigerian Lawyers and the Legal Profession - Onochie Obuna Esq

 

While sitting with some friends and fellow colleagues a couple of days ago, I broached the subject of the upcoming NBA 2020 elections and almost everyone in the group waived the topic aside, all of them disinterested. I tried one more time to stimulate their interests by naming some of the candidates vying for the office of the NBA President but this brings forth an entirely different result, a feeling of resentment and apathy for the NBA, an association they believe has done little or nothing to help their respective practices.
 
These are lawyers who manage their own firms and are partners in some of the top tier firms in the country, they work very hard and according to them cannot state how the NBA has helped boost their careers or promote their practice. In a nutshell, they cannot state what the NBA has done for them.
 
"What has the NBA done about expanding the frontiers of practice in real terms;

"How have they prevented the encroachment on the jobs of lawyers;

"What have they done to rectify the poor salaries earned by many junior lawyers;

"How have they protected the human rights of lawyers, many of whom have been assaulted severally by the police;
 
"What has the NBA done asides holding conferences where all they do is talk and issue statements that have no effect whatsoever; and 
"How have they upheld the Rule of Law, remember Onnoghen, how come the NBA could not prevent such shameful exploitation of the Rule of Law;
 
All at once, they drilled me with questions. It is obvious that many lawyers feel this way and a large number of practitioners have stayed away from the NBA totally save for paying their practicing fees and branch dues. However, unperturbed by their non – challant attitude, I felt the need to engage them a little further and state my case.

Gentlemen, I begin, I understand how you feel but if some of our best minds in the profession choose to ignore the growth and promotion of our collective welfare through the Nigerian Bar Association, little wonder many of us are not as satisfied with the current position of things.  All this however can change if we ensure we get the right kind of leadership that can continue to build on the achievements of the past administrations and help us to promote the welfare of lawyers and help secure the future of the profession.

Most sincerely, I appreciate that the Paul Usoro administration may not be perfect but it has never failed to challenge any attack on the Rule of Law, nor to secure the obedience to the fundamental rights provided for lawyers and everyone else according to the Constitution. Could the PUSAN administration have done things better, most definitely, however perfection is not a destination but a journey and by voting the right person for the job, going forward we may be able to build on the foundations laid by the current and past administrations.
 
"So who is the right leader you may ask?"

Over the past few weeks many have postulated a formula for determining who the next NBA President should be. While many have postulated that it should be the man with the biggest law firm, others have said it should be the lawyer who pays his lawyers the highest. All these in my opinion are the wrong factors to consider. I recall during the last election that ushered in Paul Usoro SAN, there was debate about how much he pays his lawyers compared to other candidates and how his firm, Paul Usoro and Co., was bigger. 

My question for this class of lawyers is that in the past two years, has the amount Paul Usoro SAN pays his lawyers or the size of his firm increased your salary in any way? Has it resulted into a minimum wage for lawyers? Or has it brought briefs to your firm? I am sure the answer is no. This means most definitely that all these should have no bearing on who leads the NBA as its President.
 
There are other things I will like to consider such as track record, long term contribution to the Bar, leadership qualities and a thorough understanding of how the Nigerian Bar Association works. I have evaluated the candidacy of the top 3 candidates vying for the office of the President of the NBA and while I agree that all 3 of them are very successful lawyers, only one of them meets all my under listed requirements. I in no way claim that others are bad for the job, I only recommend that we choose not only the best man for the job but the right man as well. That man is Dele Adesina SAN and I will tell you why.
The Deacon as Mr. Dele Adesina SAN is fondly called by lawyers all over the nation has a track record of long term contribution to the Bar, leadership qualities and a thorough understanding of how the Nigerian Bar Association works. I will now pick my reasons one after the other.
 

Track Record
The Deacon has held a number of offices in the NBA, he was the Chairman of NBA Ikeja Branch during the military era and was instrumental to many of the victories won against the Military regime. As Femi Falana SAN put it, there was no time I called Dele that the NBA needed to make a statement or put it to the military regime of the day that he ever refused. 

The Deacon was also the General Secretary of the NBA between 2002 – 2004 under the leadership of Chief Wole Olanipekun SAN, where he was instrumental to many of the wins of that administration. Dele Adesina SAN is also a Life Member of the Distinguished Body Of Benchers, the highest regulatory body of the Legal Profession, a member of the Governing Council, Lagos State Multi-Door Court, High Court Of Justice, Lagos State, Life Member of The National Executive Committee Nigerian Bar Association and was the Chairman, NBA Electoral Committee in the 2008 NBA National Elections just to mention a few.
 

Long Term Contribution
During his time as the General Secretary of the NBA, the Deacon was instrumental to a number of innovations now experienced within the NBA, including providing life insurance cover for lawyers, introducing the various Sections of the NBA and also being the only lawyer who was successful in moving a motion for a minimum salary for lawyers at the NBA NEC, among other things.
 
Understanding of the NBA
Recently, former Chairman of the Nigerian Bar Association (NBA) Section on Public interest and Development Law (SPIDEL) Chief J.K Gadzama SAN, described Mr. Dele Adesina SAN as unbeatable in terms of his leadership capacity at the Bar. Furthermore, D.D. Dodo SAN stated that Mr. Adesina's track record and respect for the tradition of the Bar makes Dele Adesina the best candidate to provide leadership for the association at the moment.

Another highly respected and respectable member of the Association Prof Fabian Ajogwu SAN, the Chairman of the Body of Senior Advocates of Nigeria 's Annual Lecture Committee spoke of Dele Adesina SAN who is also the Chairman of the Scholarship Committee of the Body of Senior Advocate of Nigeria as a thorough professional with a well known passion for the Bar and the Profession. The learned Professor said further that the views and position of Dele Adesina SAN on Rule of Law and how to advance the cause of justice administration in this country is well known.

Moreso, in an exclusive interview with DNL Legal and Style published on the 11th of December, 2019, when the Deacon was asked about his past activities in the NBA, he had this to say, "I have been active in the affairs of NBA since 1986. Between 1987 and 1989 I was one of the ardent followers of Alao Aka-Bashorun. We elected him President of the Bar in 1987.  In 1990 or thereabout, I became the Secretary of Ikeja branch and in 1998 I was elected the Chairman of the branch. Since that 1990, I have remained at the National Executive Council of the NBA till today." 
I am sure Titans of the profession such as J.K Gadzama and D.D Dodo SAN must know what they are talking about when they refer to Mr. Dele Adesina SAN as the best and right person to lead the Bar at this time. Most importantly, I agree with them totally.
It is time to secure the future of the Bar and with Dele Adesina SAN will secure the future of the Bar.

The closure of businesses shows why Lawyers must embrace information technology in the workplace | Assumpta N. Nwaogwugwu


ABSTRACT

As part of measures put in place to contain the spread of the ongoing pandemic COVID-19, the Nigerian government has ordered the total shutdown of all businesses and organizations excluding those providing essential services for a period of two weeks in states such as Lagos, Ogun and also the Federal Capital Territory.  Although the government, in recognition of the financial hardship this lockdown is likely to cause has put in place steps such as the injection of one trillion naira into the economy, reduction in the price of petrol, and supply of foodstuffs etc.  all to be a form of relief to its citizens, it does not mitigate the hitch in the operations of private businesses and its attendant financial detriment.  One of the sectors particularly affected is the legal sector especially following the directive of the Chief Justice of the Supreme Court, Ibrahim Tanko Muhammad, to suspend all court hearings till further notice. Lawyers might be rendered incapable of attending to their clients, but not if they embrace Information Technology (IT).  This work aims to expose the concept of IT and mention a few of the ways in which it could be beneficial to the 21st century lawyer.

Apr 8, 2020

The Effect of COVID-19 in the Maritime Industry: Invoking the ‘OFF HIRE CLAUSE’ in a Time Charter | Pelumi Ajekiigbe



 
In 2019, china recorded the outbreak of coronavirus also known as covid-19, and countries all over the world has had their fair share of the spread of the disease. The World Health Organization has declared that the Covid-19 is pandemic and countries in a way of ensuring safety are closing their borders, restricting travel, locking down cities and banning gatherings.

Countries have recorded low economic growth due to the spread of the virus and the maritime industry is not left behind from the negative impact ranging from dry-bulk market to the tanker and from ship repair business especially in china.

Apr 6, 2020

COVID 19 - The Liability of China under International Law For Damages Suffered


 

1. 0 INTRODUCTION

In the period of 20 years, China has taken the World through a gruesome path, twice. After being criticized for a slow response to SARS, China is once again facing global scrutiny for its handling of the new 'Coronavirus'. China repeated the obstruction of information that worsened the SARS crisis 18 years earlier. In that case, China tried to cover up the SARS epidemic, which led WHO member states to adopt the new International Health Regulations in 2005. In both cases, China and the world would have been spared thousands of unnecessary deaths had China acted forthrightly and in accordance with its legal obligations. 

REVITALISING NIGERIA’S COMATOSE HEALTH SECTOR:POST-CORONAVIRUS ERA BY DEBO OLADINNI, ESQ


As I pen down my thoughts this morning, the 5th day of April, 2020, I am not in animal spirits, as the pandemic Coronavirus (COVID-19) continues to increasingly spread like wildfire across Nigeria and also globally. Like a bull in the china shop, it is threatening to decimate and ravage the world's population gradually. The virus has literally held the world populace hostage, as the only means of escaping from its blood testy jaws is to hibernate in our respective abodes and maintain strict hygiene by washing our hands with soap and water (as there is no vaccine available yet), amongst other preventive measures issued by the World Health Organization (WHO) and the Nigeria Centre for Disease Control (NCDC). 

The essence of this write-up is not to criticise the Federal Government of Nigeria, but to urge the Government to do the needful by ensuring the health sector is properly funded. The era of the Government at all levels paying lip service to the health sector, in terms of adequate funding, going forward should be gone with the wind. Clearly, the world was/is largely unprepared for the outbreak of this plague-like virus, as even first-world countries, with well-funded health sectors are battling tooth and nail to checkmate the spread of the virus. This fact should serve as a wake-up call to Nigeria, whose successive leaders have over the years under funded the health sector.

While surfing the internet for information relating to disease prevention, I was jolted by the heart wrenching caption of This Day Newspaper of 5th March, 2020 which stated: "FG Budgets 8 Naira for Disease Prevention of Each Nigerian in 2020". I must say that the said newspaper article is a must-read for all Nigerians to appreciate the extent of the retrogression of the Nigerian health sector. Our health sector is still in the wilderness, going round in circles with no hope in sight of reaching Canaan land anytime soon. The article revealed that only a paltry sum of N1, 673, 486, 127 was allocated to the Nigeria Centre for Disease Control (NCDC), the country's national public health institute (established in 2011), essentially saddled with the responsibility of epidemic preparedness, detection and response to infectious disease outbreaks and public health emergencies for over 200 million Nigerians. Unfortunately, a visit to the website of the NCDC would reveal that the above mentioned budgeted sum will be expended on preventing and managing Lassa fever, Ebola, Coronavirus (COVID-19) Yellow fever, Cholera, Meningitis, Measles etc; running, funding and maintenance of the six Departments (four of which are technical Departments) created by the NCDC namely the: Surveillance and Epidemiology Department, Public Health Laboratory Services Department, Health Emergency Preparedness and Response Department, Prevention Programmes and Knowledge Management Department, Administration and Human Resources Department and the Finance and Accounts Department. In order to appreciate the dire straits, foisted upon the Nigerian health sector by meagre funding over the years, I would proceed to quote copiously, portions of the pungent This Day Newspaper article  earlier referred to which served as a catalyst to my writing this article. The said article stated in part as follows:

"…NCDC's counterpart in the United States, the Centre for Disease Control (CDC) will spend $6.594 billion on epidemic preparedness this year, which is about N2.34 trillion, an amount that exceeds Nigeria's entire Federal Ministry of Health allocation for five years. This means, if the CDC budget is spread across the population, the centre will spend at least 20 dollars (N7, 200) on epidemic preparedness for every American resident, while Nigeria, a country which prides itself as the giant of Africa and the economic hub of the black continent, will spend eight naira on same disease prevention and management in a full year per citizen.... The health sector generally has had one of the lowest budget allocations in the country, even far lower than sectors relatively not as crucial as the health sector. This is despite the pledge made by the country in April 2001 during the 'Abuja Declaration' where it, along with other heads of state under the African Union platform, declared to increase health budget allocation to 15 per cent of the entire national budget every year. Since the Declaration, the highest health allocation for Nigeria was in 2012 where 5.95 per cent was allotted to the sector. In 2014, it allocated N216.40 billion to healthcare, representing 4.4 per cent. In 2015, it was N237 billion, which represents 5.5 per cent of the entire budget, same with 2016 (4.23 per cent), 2017 (4.16 per cent), 2018 at 340.5 billion (3.9 per cent), and 2019 at N315.6 billion (4.1 per cent)…the Nigerian government, again in 2020, followed the same trend with only 4.14 per cent of the entire budget allocated to the health sector, amounting to N427 billion; an allocation less than 25 per cent of what CDC alone will spend on epidemic preparedness. But the World Health Organisation (WHO) says for Nigeria to be seen to have prioritised healthcare, it must at least spend a minimum of N6, 908 per Nigerian in a year, which when multiplied by 200 million people will amount to N1.38 trillion, which is around 12 per cent of Nigeria's entire budget for 2020… For instance, Rwanda reportedly devoted 18 per cent of its total 2016 budget to healthcare. Botswana budgeted 17.8 per cent to health; Malawi, 17.1 per cent, Zambia, 16.4 per cent and Burkina Faso, 15.8 per cent. But Nigeria still lags behind in this regard, which has had direct consequences on the funding capacity of the Health Ministry and its affiliated agencies and parastatals, thereby making the fight against poor healthcare very unrealistic."

The above quoted portions of the article perfectly reflect the unfortunate doldrums that the Nigerian health sector is enmeshed in due to lack of proper funding. There is no gainsaying the fact that there is no use crying over spilt milk. It is time for the Government to seize the bull by the horn by adequately funding the health sector in tandem with global best practices. The outbreak of the deadly pandemic Coronavirus has shown that we cannot always resort to medical tourism to meet our medical needs. It is apparently clear that the Government must go back to the drawing board to re-strategize and chart a way forward, in order to revive our comatose health sector.  To my mind, the only way forward is for the Government to prioritize and adequately fund the health sector. Fortunately, the Federal Government of Nigeria can resort to its 359-page blue-print National Action on Health Security (2018-2022), which is a "comprehensive multi-sectoral plan that integrates multiple work plans including REDISSE, NCDC Strategy Plan, AMR Action Plan, and immunizations plans, addressing the major gaps identified by the Joint External Evaluation (2017) and Performance of Veterinary Services (2010) assessments, and prioritizing them by national strategies and risks. As such, the NAPHS is an "overarching" plan and can be used to create linkages and monitor progress of major health security initiatives."

Flowing from the above, can the Federal Government religiously, diligently and steadfastly implement the NAPHS, in order to ensure the Nigerian health sector is revamped, revitalised and repositioned to meet the health needs of all Nigerians? Most humbly and with all due respect, I must state that Nigeria is a country, whereby successive Governments have expended so much funds in drawing up plans, without the will to implement them. In this wise, I must plead that in relation to the health sector (and in fact all sectors), it can no longer be business as usual, bearing in mind the words of the 34th President of the United States of America, Dwight D. Eisenhower " In preparing for battle I have always found that plans are useless, but planning is indispensable."

Apr 3, 2020

CORONA VIRUS: Enforcement of Lockdown and Brutalisation of Citizens | Dele Adesina SAN


It is no longer news that on the wake of the Coronavirus pandemic, the Federal Government of Nigeria and various State Governments put in place some drastic measures to prevent the spread of the life-threatening scourge. The danger posed to humanity and Nigerian citizens inclusive, by the ravaging pandemic has been taken very seriously by governments all over the world. For this purpose, the President of the Federal Republic of Nigeria announced a total lockdown of Lagos, Abuja and Ogun States in the national broadcast of March 29, 2020. Other State Governments have followed suit through the announcement of various restrictions and stay-at-home Orders by Executive Orders and/or regulations pursuant to their powers under the relevant enabling Quarantine Act.

The concern of this write-up is the manner of enforcement of such Executive Orders, restrictions and regulations by the law enforcement agencies and men of the Nigerian Army which has brought with it Police brutalisation, dehumanization and outright death of the citizens. The Tribune of today published the story of someone that was killed in Ogunnu, a suburb of Warri in Delta State, while driving for refusing to stop when he was reportedly flagged down by the security personnel. These various acts of brutalisation and dehumanization of citizens must be condemned in its entirety. It is an extra-judicial killing, it is illegal and absolutely unconstitutional.

It needs to be emphasised that the very reason for the announcement of these stay-at-home Orders and other restrictions on movements is essentially to save lives. Hence, the phrase: stay-at-home to stay safe. If the objective of a policy is to save lives, it is therefore totally illogical and inherently contradictory to kill in order to enforce safety measures. Indeed the point must be made for the umpteenth time that it is the business of the regular Police to enforce and maintain law and Order in the society as distinct from the Armed Forces whose duty is to protect the nation against external aggression and internal insurrection. The objective of the measures will be defeated if human lives are wasted, treated with disdain and their Human Rights violated with reckless abandon.

We saw a good example of how to enforce law and Order by the reported arraignment and conviction of twelve (12) persons for violating the provisions of Ekiti State Coronavirus Prevention of Infection Regulations 2020. The violators were tried and fined by the Chief Magistrate Court of Ekiti State. We advise everyone involved in the enforcement of these Orders in the different States of the Federation to take que from this example by arresting the violators and arraigning them before the appropriate Court for trial and sanction if found guilty. To do otherwise is to resort to self-help which is a product of executive lawlessness, an anathema and abomination in a constitutional democracy such as ours.

I call on the civil populace to see the reason behind the restrictions and other safety measures and directives to put up with the momentary inconvenience in order to experience the long term gain for ourselves, our families, the Nation and in the interest of public health and public safety. May I also say that any further act of brutalisation, dehumanization and unprofessional conduct on the part of the law enforcement agencies should be reported to the nearest Nigerian Bar Association Branch or directly to the Inspector-General of Police for necessary actions. With regards to the Armed Forces, report should be directed to the Defence Headquarters by sending text or WhatsApp messages through the telephone numbers provided by the Headquarters of the Nigerian Army.

Let us join hands together in unity of purpose to fight the Coronavirus war and live after the guaranteed victory.

Dated April 3, 2020.
Dele Adesina SAN

CORONA VIRUS: ENFORCEMENT OF LOCKDOWN AND BRUTALISATION OF CITIZENS


It is no longer news that on the wake of the Coronavirus pandemic, the Federal Government of Nigeria and various State Governments put in place some drastic measures to prevent the spread of the life-threatening scourge. The danger posed to humanity and Nigerian citizens inclusive, by the ravaging pandemic has been taken very seriously by governments all over the world. For this purpose, the President of the Federal Republic of Nigeria announced a total lockdown of Lagos, Abuja and Ogun States in the national broadcast of March 29, 2020. Other State Governments have followed suit through the announcement of various restrictions and stay-at-home Orders by Executive Orders and/or regulations pursuant to their powers under the relevant enabling Quarantine Act.

The concern of this write-up is the manner of enforcement of such Executive Orders, restrictions and regulations by the law enforcement agencies and men of the Nigerian Army which has brought with it Police brutalisation, dehumanization and outright death of the citizens. The Tribune of today published the story of someone that was killed in Ogunnu, a suburb of Warri in Delta State, while driving for refusing to stop when he was reportedly flagged down by the security personnel. These various acts of brutalisation and dehumanization of citizens must be condemned in its entirety. It is an extra-judicial killing, it is illegal and absolutely unconstitutional.

It needs to be emphasised that the very reason for the announcement of these stay-at-home Orders and other restrictions on movements is essentially to save lives. Hence, the phrase: stay-at-home to stay safe. If the objective of a policy is to save lives, it is therefore totally illogical and inherently contradictory to kill in order to enforce safety measures. Indeed the point must be made for the umpteenth time that it is the business of the regular Police to enforce and maintain law and Order in the society as distinct from the Armed Forces whose duty is to protect the nation against external aggression and internal insurrection. The objective of the measures will be defeated if human lives are wasted, treated with disdain and their Human Rights violated with reckless abandon.

We saw a good example of how to enforce law and Order by the reported arraignment and conviction of twelve (12) persons for violating the provisions of Ekiti State Coronavirus Prevention of Infection Regulations 2020. The violators were tried and fined by the Chief Magistrate Court of Ekiti State. We advise everyone involved in the enforcement of these Orders in the different States of the Federation to take que from this example by arresting the violators and arraigning them before the appropriate Court for trial and sanction if found guilty. To do otherwise is to resort to self-help which is a product of executive lawlessness, an anathema and abomination in a constitutional democracy such as ours.

I call on the civil populace to see the reason behind the restrictions and other safety measures and directives to put up with the momentary inconvenience in order to experience the long term gain for ourselves, our families, the Nation and in the interest of public health and public safety. May I also say that any further act of brutalisation, dehumanization and unprofessional conduct on the part of the law enforcement agencies should be reported to the nearest Nigerian Bar Association Branch or directly to the Inspector-General of Police for necessary actions. With regards to the Armed Forces, report should be directed to the Defence Headquarters by sending text or WhatsApp messages through the telephone numbers provided by the Headquarters of the Nigerian Army.

Let us join hands together in unity of purpose to fight the Coronavirus war and live after the guaranteed victory.

Dated April 3, 2020.
Dele Adesina SAN

Mar 31, 2020

INVITATION TO NIGERIAN BAR ASSOCIATION WOMEN FORUM VIRTUAL MENTORSHIP SESSION



You are invited to participate in our innovative lunchtime mentoring session holding tomorrow Wednesday 1 April  2020.

Discussions will be led by our esteemed Senior Advocates of Nigeria, Mia Essien, SAN, Abimbola Akeredolu, SAN and Prof Toyin Akintola.

*Main Topics:*
1. Professional Development

2. Managing Practice in a Coronavirus Environment; and

3. Understanding Mentoring


Sub-Topics as time will permit are Self Development, Advocacy Skills, Dealing with Sexual Harassment in the Workplace, Work-life Balance, Choice of Life Partner. 

Time: 1pm - 2:30pm.

Link to connect: Here


Download Microsoft Team now.  Look forward to meeting you tomorrow and be sure to inform others.

The Coronavirus Pandemic: A Separation of "The Human" From "The Natural"




The Corona-Virus Disease (COVID- 19), famous for its widespread, has killed tens of thousands of people across the globe and has raisedan indispensable question in the minds of many; whether the Chinese government can be held liable in Negligence, whether the pandemic is an ‘act of God’. In the legal community, an act of God is a concept that allows a party exemption from instances of strict liability and negligence. This article is concerned primarily with the debate, whether the corona-virus pandemic is an act of God or an act of man.

The 1926 Quarantine Act and the Nigerian Reality



As the world battles the Corona-Virus Disease (Covid-19), emergency legislations are being enacted globally.[1] Some governments have invoked the provisions of relevant legislations to declare a state of emergency, to enable them legally enforce total shutdown of cities, provide relief packages, and fast track the mass production of health equipment.[2] Alongside the unified effort by the Nigerian federal government, governors have been on the front line of combating the disease, as a couple of them have issued directives and regulations to enforce the shutdown of their respective states.

Mar 29, 2020

Stay Productive during the Isolation Period - Dele Adesina SAN


Dear Colleagues, I recognise that as lawyers, we live a very busy life. Our time and attention are usually divided between reading, drafting, court appearances, client meetings and research work to mention a few all aimed at servicing the needs of our Clients. Our Profession is a jealous Profession which possesses us absolutely day and night. Consequently, a sedentary lifestyle and self – isolation at home may be alien to some of us. Though staying home to stay safe has become a task that must be done, we can still be productive while observing these safety measures by investing the time we have at home rather than spending it.

We can invest the time by drafting those outstanding briefs and pleadings, vetting of documents, reading our law reports, researching into specific areas of legal interest and of course audio and video calls and conferencing with clients to render both curative and preventive legal advice and opinions.

Recognising that health is wealth, exercising the body is also of paramount interest. We must remain active so as to prevent weight gain and  strengthen our immune system as this will make us less susceptible to infections including that of the Corona Virus. We must continue to take the necessary precautions to prevent the spread of the virus and flatten the curve. It is my confident belief that the earth will reject Coronavirus in all its entirety because the earth is given by God to the children of men. Surely the end of the virus is coming soon. Our expectations shall not be cut-off.

I urge you to stay alive as we will all rise from this challenge stronger, healthier and with a determined mind to continue to serve the interest of our clients, our nation and justice in general.

My warm greetings to you and your family.
Thank you.

Dele Adesina SAN

#securethefuture
#nigerianlawyers

Mar 28, 2020

COVID-19: The Doctrine of Frustration and Force Majeure





The Doctrine of Frustration postulates that if an event or series of events occurs without the fault of any of the parties which hinders or prevents the performance of the duty under the contract, such contract is discharged and is considered terminated. Such event fundamentally changes the circumstance and strikes at the root of the agreement, This is expressed in Latin as “Non haec in foedera veni”. See NWAOLISAH V. NWABUFOH (2011) 14 NWLR (PT. 1268) 600; WECO ENGINEERING AND CONSTRUCTION CO. LTD v. DUFAN (NIG) LTD & ANOR (2019) LPELR-47211(CA), CHANDLER V. WEBSTER [1904] 1 KB 49.