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The Nigerian Blawg

The 1st online legal education platform.

Jan 19, 2021

Cutlasses to Drones: How Nigeria’s Restriction on Drone Usage is Delaying the Birth of a Tech -Driven Agro Economy



“Intellectual innovation could only occur in the kind of tolerant societies in which sometimes outrageous ideas proposed by highly eccentric men would not entail a violent response against ‘heresy’ and ‘apostasy.”

Joel Morky, American Economic Historian.

 

Jan 15, 2021

Register For The Digital Strategy Workshop For Lawyers



The world is becoming more digital, and the legal sector is no different. To compete in an increasingly technological world, today's lawyers must learn and hone essential digital skills. 

As lawyers, if you are interested in getting more clients, increasing visibility, and growing your practice, then you should register for the Digital Skills Training for Lawyers workshop.  


The training will equip you/your team with the skills and tools needed to develop & implement a high-growth online strategy and position your business for profit now and in the long run. 


The training covers critical areas such as:
- Social Media Management - SEO - Conversational Tools  - - Professional Branding  - Business Strategy 

Date: Feb 18th - 19th 
Venue: Zoom 

Registration: http://bit.ly/lawdigitalworkshop

Jan 14, 2021

COVID-19: NBA Ado-Ekiti Holds First Virtual Statutory Meeting.


The Nigerian Bar Association (NBA) Ado-Ekiti Branch* today 14 January 2021, held her first ever virtual Statutory Meeting to commence the New Year.

This was as physical attendance at the meeting was restricted to members of the Executive and January Birthday Celebrants.

This development was in compliance with the Ekiti State Government directives as regards COVID-19 restrictions and regulations.

Signed
Adetutu Oluwaseyi
Publicity Secretary

Jan 12, 2021

Hire A Social Media Manager For Your Law Practice



                                                  


With the high rate of internet penetration in the country and the growing use of social media. Every business must aggressively employ the use of social media to reach its targeted audience and market. 

For lawyers, social media is not just a place to show off your thought leadership. It can also be a crucial place to engage with your potential clients. As law firms and lawyers directly communicate with the communities they serve, social media also becomes a natural way to reach people in need and acquire new clients. 

At Lawlexis, we are best suited to help you accomplish all your digital marketing goals for your law firm or legal practice. 

 

Contact us for free consultation via - 

Lawlexis 

Lawlexisinternational@gmail.com 

09029755663 

 

Looking forward to helping you use social media to accomplish your corporate and personal branding goals. 

 


Jan 5, 2021

Book Alert: International Arbitration Law & Practice: The Practitioners Perspective


"The International Arbitration Law & Practice: The Practitioners Perspective" is one book every arbitration practitioner or student should have. 

The Book is a compendium of scholarly papers that focus on contemporary topics which will deepen the practice of arbitration; whether at a junior or mid-Senior level.

The book which is edited by Tolu Aderemi, Partner, Perchstone & Graeys, is also a compilation of articles by seasoned international arbitration practitioners from both within and outside the Nigerian legal jurisdiction including very eminently qualified and senior Arbitration practitioners such as Kamal Shah  (UK), Funke Adekoya  SAN, Dr. Babatunde Ajibade, SAN,  Adedoyin Rhodes-Vivour SAN, Hon. Justice Nnamdi Dimgba, Tunde Fagbohunlu  SAN, Osaro Eghobamien SAN, BOLAJI AYORINDE SAN, FCArb., O.F.R., Bode Olanipekun, SAN, Tunde Busari, SAN, FCIS, FCIArb, @Ikponwosa Omigie (Company Secretary, NAPIMS),Prof Alero Akeredolu, Funmi Roberts and Prof Olawuyi. 

This Book is a valuable resource tool for Arbitration Practitioners and is a welcome contribution to the body of knowledge on the topic in Nigeria.

Order your copy via the link below -

https://flutterwave.com/store/lawlexis/zwxp0jf6jlm0  

Cost - #10,000

Or call 09029755663 or mail Lawlexisinternational@gmail.com 

Dec 28, 2020

Jurisdiction of the National Industrial Court over Service Conditions in the Military | Michael Dugeri


Introduction

Case law authority is that the National Industrial Court of Nigeria (NIC) has jurisdiction over service conditions in the military but only upon fulfillment of prescribed condition precedents. This means that when a dispute arises over service conditions in the military there is a multi-tier dispute resolution procedure that requires the aggrieved soldier, rating or aircraftman and officer to undertake certain steps in an attempt to settle the dispute internally before resorting to court action. It is important to note the binding nature of the multi-tier dispute resolution procedure in the military; whether it constitutes jurisdictional condition precedent to the commencement of action at the NIC, and the consequences of a party’s failure to comply.

Dec 21, 2020

Lawlexis: We Manage Social Media Accounts For Lawyers And Law Firms



You will agree that advertising legal services in Nigeria has remained complex and is somewhat of a taboo topic, especially due to the provisions of the Rules of Professional Conduct (RPC). However, times are changing and progressive law firms are using social media, not only to grow their online reputation, but to attract new and high – paying clients.

Some of the advantages of using social media for lawyers and law firms include;

a.     Create brand awareness
b.     Attract new clients
c.      Establish thought leadership, and
d.    Engage your target audience

At Lawlexis, We combine unique resources across the media to shape conversations and build enduring brands in the minds of audiences. For years, we have specialized in serving the needs of clients seeking exciting and engaging marketing and communications strategies. In that time, our work has been distinguished by qualities such as strategy, collaboration and integration.

Most importantly, we help lawyers and law firms manage their social media accounts and help create visibility by harnessing social media resources to grow their business. We will love the opportunity to do the same for you.

Call us on 09029755663 or email lawlexisinternational@gmail.com for free consultation.

Dec 15, 2020

Can the President Disobey National Assembly Summons? – Nonso Anyasi



It has now become a quadrennial occurrence for the Nigerian polity to experience debates on the constitutionality or otherwise of the President’s disobedience to summons/invitation by the National Assembly to account for executive actions/inactions.  This debate largely arises from the perceived conflict between the provisions of Sections 67(1) and 89 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). 

Force Majeure vs. Frustration: The Clear Difference | Deola Osifeko

 


Usually contracts not only spell out rights and obligations of parties, it defines the scope of the legal or commercial relationship as well as anticipates unforeseen situations (like we have experienced and are still experiencing the effect of the outbreak of Covid19 which has not only altered daily living but how we discharge our duties in the workplace and other legal/commercial arrangements).

Dec 11, 2020

The Role Of Msmes In Nigeria's Post Covid 19 Recovery Plan | Olabimpe Oladokun (Mrs)



Small businesses (MSMEs) represent about 90% of businesses worldwide. They account for 96% of businesses and in Nigeria, they account for 84% of the country’s employment.

The global economy was greatly affected by the COVID-19 pandemic, and from the above data, it is clear that small businesses must drive the global economy to recovery.

Dec 7, 2020

NDPR Implementation Framework 2020: My thoughts! By Olumide Babalola



After over 16 months as a draft, the NDPR Implementation Framework (the Framework) was finally and thankfully released by the National Information Technology Development Agency (NITDA) in the first week of December 2020, albeit dated July 2020.

As a privacy litigant and litigator, while I will continue to be grateful to NITDA for taking up the unprecedented gauntlet of regulating data protection in Nigeria, we cannot afford to, with respect, spare the Agency's blushes within and outside the courts as far as their regulatory duties are concerned and this is done in good faith, for the betterment of the industry and its players.

First, it is highly commendable that, NITDA, like other supervisory authorities in the western World, has issued this Framework to provide further guidance towards clear compliance with the provisions of the NDPR which it describes as a "regulatory guideline" at paragraph 1.2 of its background. This description is a bit confusing to the extent that, if the NDPR is a regulatory guide, then where is the regulation itself and what does this framework seek to achieve if not to guide as well?

I am particularly concerned by the use of the term "Guideline" because it somewhat waters down the efficacy of the NDPR in the light of the Court of Appeal decision in Ogunniyi v Hon. Minister of FCT (2004) LPELR-23164(CA) that:

"The word " Guidelines " … simply means " rules or instructions that are given by an official organization telling you how to do something.

With respect to the drafters of the Framework who have delivered this very momentous document at this very significant time, referring to the NDPR as a guideline does not, in my modest view, do justice to the status of the regulation which the courts have expressly and/or impliedly ruled as an extension of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) under section 37 thereof. (See the decisions in Digital Rights Lawyers Initiative v National Identity Management Commission (Unreported Suit No. AB/83/2020)  delivered on the 15th day of July 2020 by the High Court of Ogun State, per A.A. Akinyemi, J. and Digital Rights Lawyers Initiative v LT Solutions & Multimedia Limited (Unreported Suit No. HCT/262/2020) also delivered by the High Court of Ogun State, per Ogunfowora, J.


On data minimization under article 2.2(b), the Framework is, sadly unclear on which of the provisions of the NDPR represents the principle especially since article 2.1(1)(b) of the NDPR muddles adequacy with the principle of accuracy, the Framework also jumbles consent under the principle of lawfulness with data minimization without making reference to the provision of the NDPR it seeks to clarify. This, with respect, does not help the professional or data subject who seeks clarity on the import of some convoluted provisions of the NDPR.

On the principle of accuracy, the Framework at article 2.2(c), like the NDPR, mishmashes it with the indices of data minimization – "adequate" and partially ignores the message of data accuracy which requires personal data to be updated and/or kept up to date. What is more, the Framework introduces "abuse" into the principle of accuracy at the expense of the principle of integrity and confidentiality.

Article 2.2(d) on retention schedule requires data controllers to communicate data retention schedules to data subjects but one would expect the document to be more explicit as to the modus of compliance. Is this also supposed to be in form of a (privacy) notice or contract or public announcement. For example, how does a data controller inform online visitors of its data retention schedule? It is hoped that further clarity would be given on this.

Surprisingly, article 2.2(e) on confidentiality and integrity is the first provision where cross reference is made to the NDPR albeit it refers to a non existent "article 2" under the NDPR. It is our modest view that, some form of referencing ought to run through the entire Framework to avoid further confusion. Again, the Framework refers to confidentiality as a right while its existence under the NDPR remains unclear, this Framework could have, with respect, done better in resolving this puzzle here.

On its extraterritorial application, the Framework repeats the same legislative "wonder" at article 1.2(b) of the NDPR yet omits to demonstrate how the NDPR will be enforced outside the shores of Nigeria in the light of conflict of laws and extraterritorial limitation of certain laws. Will the NDPR afford me protection anytime I am outside Nigeria even within the regions where, GDPR is, for example applicable?

On exceptions to the NDPR, the Framework at article 2.3 has amazingly created its own provisions outside the NDPR. There exists no provision of the NDPR which this provision of the Framework seeks to implement, hence it is our respectful opinion that, it cannot, outside the NDPR, create its own stand alone exceptions as the only one contemplated by the NDPR is found at article 2.12 with respect to transfer of data to a foreign country.


On compliance, article 3.2(iv) of the Framework offers the regulator an unutilized opportunity to give some clarity on the confusion of privacy policy with privacy notice in the NDPR but it seems this ambiguity will continue for a while.

On appointment of Data Protection Officer (DPO), article 3.4 of the Framework which provides conditions for appointment of a DPO appears to be on a collision course with article 4.1(2) of the NDPR which expressly and mandatorily provides that "Every Data Controller SHALL designate a Data Protection Officer for the purpose of ensuring adherence to this Regulation". How can the Framework for implementing this section validly make exception for some data controllers?

On sample of privacy policy at Annexure B, the Framework suggests that a privacy policy is a contract between data controller and data subjects and that, access to online platforms automatically translates into consent. Although, the law is not settled on the status of privacy policies on a website, this kind of simulation coming from the supervisory authority is a dangerous precedent which, in itself, negates what privacy policies or notices represent, especially since the NDPR does not give such status to privacy policies.
Ultimately on the Annexure C on Countries with adequate Data Protection Laws, what stands out is the Swiss-US Privacy Shield Frameworks of the United States of America!!! For everything NITDA stands for, I will make this excuse on their behalf that, the inclusion of this data protection law is a regrettable error which was not corrected in the draft before the Framework was released.
Following the Schrems II decision of the Court of Justice of the European Union ("CJEU") that invalidated the EU-U.S. Privacy Shield Framework in July 2020, the Federal Data Protection and Information Commissioner (FDPIC), the body responsible for the protection of personal data in Switzerland ruled, on the 8th day of September 2020, that the Swiss-U.S. Privacy Shield Framework in its entirety does not provide an adequate level of data protection for cross-border data transfers to the US.

Flowing from the foregoing, it stands to reason that, if the Swiss supervisory authority could have passed such damning verdict on the law that directly affects it, as far back as September 2020, then it is our modest view that, such should not have found itself in a document released by its Nigerian counterpart in December 2020.

In conclusion, the Framework is not only a right step in the right direction, it is a highly commendable and progressive one which should be timely updated and finetuned with the widespread input of as many stakeholders and technocrats to minimize avoidable errors and oversights before its eventual release to the public.

Once again, I congratulate NITDA for spearheading Nigeria's baby steps in this very essential and highly technical industry.

Dec 6, 2020

Out-of-Court Settlement of Employment Dispute | Kayode Omosehin



There are good reasons to explore early settlement of employment dispute. To cut costs; avoid distractions to the Mgt or other workers; prevent floodgates of future litigation; protect and project a brand with a good corporate conscience.

 

Whenever settlement is suggested or possible, it should be genuinely pursued and expedited by those who have authority to commit a company. Litigation lawyers should know when the other party is stalling. Sending a low level staff to a settlement meeting is a waste of everyone's time.

 

In Rasheed v A.C. Ltd, a claim of N300,000 was delayed for 6 years due to a protracted settlement process!


Litigation hardly pays a company. The most enduring discretionary power of a company can be yanked off in just one litigation.