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Aug 31, 2015

XENOPHOBIC LAWS IN NIGERIA


Credits - dailymaverick.co.za

 South Africa was in the spot light a few months ago after the Zulu king, Goodwill Zwelithini, was reported to have said that foreigners "should pack their bags and go back home". The king later denied making those comments but within days the violence had spread to the country's most populous city Johannesburg. The comment led to the harassment, assault and in some extreme cases the death of persons who were immigrants in South Africa. These violent act was criticized the world over and thankfully the South-African authorities were able to get things under control, though a lot of damage had already been done.

Xenophobia can be described as the fear of strangers or foreigners. In Nigeria, there have been tensions between various ethnic groups in the past, some resulting in violence. Nigeria’s online community is very active and can cause an issue or comment to trend in a very short time, thus imagine a situation where a xenophobic comment is shared and allowed to trend, this could pose a major problem for everyone. That’s why our laws prohibit xenophobic or racist comments even on online media.

Aug 27, 2015

The role of Nigerian lawyers in our society

Credits - google

The role of a lawyer depends on where you find him.  If you find him in court, then he is a litigator, whose role is to plead the case of his client before the judge, if he is an in-house counsel, his duty is to promote and represent the best interests of his company, ensuring the company does not go foul of statutory rules and regulations. Lawyers could also be found in government agencies or private practice as well. The role of a lawyer may vary from place to place, however, one significant role a lawyer plays is to provide non-lawyers with legal advice. The lawyer is also the custodian of the rule of law, it is said that a lawyer is a minister/priest in the temple of justice and it is his duty to ensure that the wheels of justice keep turning. 

Society has created many rules and regulations for the co-existence of mankind and it is also the role of lawyers to interpret these rules to society. A lawyer could be a superhero sometimes, he/she represents clients who sometimes cannot pay or are in some form of terrible jam, either self inflicted or by a stroke of luck/ill - luck. In a nutshell, a lawyer is saddled with responsibility of using his services to be there for anyone who needs his help, just like a doctor.

WINTER IN NIGERIA by Ahudiya Ukiwe


Add captioncredits - nigerianeye.com
Catchy subject, right? Sort of incorrect, somewhat inappropriate if you may? Same thoughts that flood my mind whenever I see "Summer" anything in Nigeria, like "Summer" lessons, "Summer" sales, "Summer" concerts etc. I was taught in Primary School, correct me if I am wrong (and believe me, my school was and still is posh o, with awesome teachers, no try me) that there are basically two (2) seasons in Nigeria: rainy season and dry season (otherwise known as Harmattan and I call African Winter). The rainy season spans from May to July, then the popular August break and continues into September. The  dry season/harmattan begins mid-December into the middle of the next year.

Aug 25, 2015

PENALTY FOR CHILD PORN IN NIGERIA

Credits - hamilton-griffin.com

While reading the papers, I came across an article about a man who had raped a 15 year old girl, I am sure such stories or incidents must not be entirely new to you, chances are you have also come across it in the news before. Young unsuspecting children are taking advantage of by adults and it’s not ok for such activities to continue as it may damage the child forever. A lot can be done to curb the shameful act by ensuring prosecution of alleged rapist and the rehabilitation of rape victims. The law has however taking it a step further by providing statute against child pornography.

According to the Cybercrime (Prohibition Prevention) Act, 2015, child pornography includes  pornographic  material  that  visually  depicts -­a  minor  engaged  in  sexually  explicit  conduct;  a  person  appearing  to  be  a  minor  engaged  in  sexually  explicit  conduct;  and  realistic  images  representing  a  minor  engaged  in  sexually  explicit  conduct.  For   the   purpose   of   this   law,   the   term   “child”   or   “minor”   means   a   person below 18 years.

OFFENCES A BLOGGER SHOULD WATCH OUT FOR

Credits - www.theeconomyng.com 


Recently, a blogger got remanded by the Federal High Court sitting in Lagos for publishing certain information about a bank MD which turned out to be false. The blog claimed the MD had impregnated a certain lady which led to the dissolution of her marriage. Needless to say, the story was false and the blogger was charged to court. Currently, he is being remanded pending his bail application which is to be heard on September 1 before the Honourable Court. The prosecution argues that the blogger’s post is in contravention of Section 24 (1) of the Cybercrime Act, which provides that any person who intentionally or knowingly sends a message which is grossly offensive or obscene and found to be false, by means of computer network, is liable on conviction to a fine of N7, 000, 000 or three years imprisonment or both.

Aug 24, 2015

What Is The Role Of Lawyers?

Editor's note: This post was reposted from the AboveTheLaw website.
Credits -Google



I recently had lunch with a friend who I haven’t seen in many years. She shared that she’s been in litigation for seven years with her ex-boyfriend, who was also her business partner. She won in trial court, but the case has been appealed all the way up to the state supreme court, and the ex is now threatening to appeal it to SCOTUS.

I asked her if she wanted to litigate the case and she said sure, in the beginning, because she was angry at her ex. Now, she’s not even sure what they’re fighting about. She’s too vested in the case to walk away and clearly, both sides have been digging in their heels and are now neck deep in the quicksand called our “justice system.” She hired a well-respected law firm, and needless to say, the only parties that are happy with this situation are the lawyers.

Aug 21, 2015

WHY WE NEED TO CHANGE THIS NATION



Credits - Google


If you are Nigerian reading this blog, I dove my heart to you. I am wondering how you could be so tolerant when your lives are continually being destroyed. The monies meant to rehabilitate your roads, build you hospitals, upgrade your schools, install power and practically change your lives has been shipped off to foreign accounts or used to buy exotic cars, build fantastic houses and sponsor exorbitant lifestyles of the corrupt. Sad thing is when these thieves come along, rather than give them a piece of your mind, you call them chairman.

The present administration of President Buhari has come out strongly to fight corruption, collaborating with the US in a bid to bring all the corrupt Nigerians to book and like always you just read the news from the papers and deliberate over the captions in your living rooms or better yet at the beer parlours. While you let someone else to do your dirty work for you. If you are Nigerian reading this, I think you are very lazy and maybe you don’t deserve a better Nigeria. 

Aug 18, 2015

SENATE AND PAY SLASH


Credits - Google

Recently, Nigerians let out a huge cry of disapproval when members of the Senate openly refused the proposition by the ad-hoc committee, headed by James Manager- Delta South to reduce the allowances and budget of the National Assembly. There are 109 Senators and 360 members of the House of Representatives and collectively they spend hundreds of billions of naira annually in budgetary allowances; and at this moment, there has been an indefinite postponement on considerations of the report.
I will like to look at this from three points of views; a) From the point of view of we the people; b) From the point of view of the politicians and c) wholesomely.

HOW TO WRITE BETTER BRIEFS



Sheraton Hotel, Ikeja Lagos, 2-4 Sept 2015
Golden Tulip, Port Harcourt, 28-30 Oct 2015
Chelsea Hotel, CBD Abuja, 2-4 Dec 2015

Irvin Taylor memorably stated, “A brief should be luminous, not voluminous.”

Now a 3-day boot camp with exercises and group tasks, Brief Writing Masterclass is an eclectic treatment of written advocacy. Linguistics, logic, psychology, rhetoric, and semantics combine with law to make this course indisputably nonpareil.

On Crimes And Punishment by Nky Otike-Odibi

Credits - Google

I happened to be in the temple of justice recently when the drama ensued. The accused person, an elderly man of about fifty to sixty-something years, whom, from the proceedings it was established has fathered many children, was charged with the offence of defiling minors — mostly girls.

The prosecuting counsel having proved his (accused’s) guilt beyond reasonable doubt, it was time for the judge to give his judgement. The accused’s lawyer was given the chance to make his closing address. The defence counsel, perhaps cleverly or maybe inadvertently, decided to give the accused person the whole ten minutes allotted him to address the court. All was silent such that we even heard our slow breathing. The accused man, wearing an apparently faked remorseful look, started off with the most familiar ridiculous of remarks: “Na de satan ooo, na im cus am. Abeg make una helep me, I no go do am again. Me, I get am for plenty wife and shildren. I no say…”

Aug 17, 2015

My Encounter With Boko Haram Foot Soldiers - Barrister Aisha

Credits - Google

Interview
By Shehu Abubakar and Ibrahim Sawab

Maiduguri — Barrister Aisha Kalil Wakkil is a lawyer and human rights activist with the National Human Rights Commission. The senior legal officer has, for over five years, been into peacemaking between the Jama'atu Ahlil Sunnah (Boko Haram) and the federal government. In this exclusive interview with the Daily Trust on Sunday, Barr Wakkil, who claims to be a very close confidant of Boko Haram foot soldiers, spoke on several issues.

How did your mediation initiative between the federal government and Boko Haram start?
Nobody asked me to do it. Such a quality is in my nature because I love peace so much. Where I come from in the Southeast, we live in a very peaceful atmosphere, especially in my family. We mediate a lot where there is any problem. Now that I am a Muslim and Islam is a very peaceful religion, with all its teachings, this Boko Haram development doesn't really make sense to me. Why should such a wonderful religion experience this kind of a thing? But I also know that anywhere there is smoke, there must be fire. Something must have happened for these children to start behaving like this.

Features of good tax system By Michael Olulenu

 
TAXES are the enforced propor­tional contributions from persons and property, levied by the state by virtue of its sovereignty for the support of government and for all public need. From the above definition it is seen that taxes are contributions to a common pool by the people for the use of the people. Government all over the world need taxes in order to sustain its relevance and to provide for the needs of its citizenry.
A tax system is expected to be fair and non-discriminatory. For a tax system to meet these require­ments, it must have the following attributes.

JAIL TERM FOR ISSUING DUD CHEQUES

Credits - thejournal.ie
In doing business, cheques play a big role in sorting financial obligations. Cheques are either given to be cashed immediately at the bank or paid into an account. Cheques can also be post-dated cheques, which cannot be exchanged for cash until a certain future date. It’s the custom of high risk business persons to sign a cheque for a future date with the intention of funding their accounts before the date in order for the cheque to clear. However, in the past, some shady persons issue cheques knowing there was no money in their account and having received a service or good in return will suddenly become untraceable. Such an act is however against the law as anyone who gives out a dishonoured cheque will be committing a crime and be liable to punishment by the court.

Aug 13, 2015

Corporate Dilemma by Ahudiya Ukiwe


Before admission into the University and upon graduation from Law School, I had always known the furthest of my ambitions and from my mind was litigation practice. I always envisioned me surrounded by documents, contracts, laptops, not at a law firm but in some other aspect of the corporate world. My goals were resolutely set at Corporate Governance and Company Secretaryship.
It was therefore no surprise to my schoolmates to hear I was in the Banking Industry. More importantly so, the Legal department. There were and are (and probably always will be) the banters of having deserted the core of law practice for the comfort of a lush office. Honestly, I have given up the will to scold or try to understand.

Aug 11, 2015

Proposed VAT increment: Common man’s nightmare

Credit - Google

The Federal Government is set to increase Value Added Tax from its current rate of 5% on goods and services to 10%. It was disclosed on Friday 7th of August 2015 by Mr. Sunday Ogungbesan, Acting Chairman, Federal Inland Revenue Service (FIRS), while speaking with the media.

According to him, increasing the VAT was one of the measures being considered by the Federal Government to shore up the revenue of the country that had suffered a slide since the slump in crude oil price started last year. Nigeria earns about 80 per cent of its revenue from oil exports.

If you are a fellow in the Chartered Institute of Taxation or you have a degree in Finance, you can skip this article. The purpose of it is to try to explain the effect of the proposed increment of VAT on Nigerians and Nigerian businesses.

Aug 8, 2015

Dismissal of a director who has gone missing by Kayode Omosehin


Credits - Google


Preliminary View
The statutory removal of a director generally is governed by the provision of section 262 of the Companies and Allied Matters Act, Cap C20 LFN 2004 (“CAMA”). In the case of Longe v FBN Plc (2010) 6 NWLR (Pt 1189) SC 1, the Supreme Court held that the provision of section 262 of CAMA also applies to removal of executive and non-executive director alike. However, it appears that different consideration should apply where a director sought to be removed has disappeared or gone missing. Let us consider some of the issues that may play out in the course of removing a director who is missing.

THE NIGERIAN BAR ASSOCIATION (NBA) SEAL AND STAMP POLICY: PROSPECTS AND CONSTRAINTS




Credit - Nigeriabar.com
 The seal and stamp policy is a top-notch one which is essentially aimed at restoring sanity to the legal profession. After engaging lawyers to prepare documents, some non-lawyers reproduce the precedents in subsequent transactions without seeking the lawyers’ approval. There are even instances where clients would connive with paralegals get precedents of legal agreements and execute same without the knowledge of the legal practitioner whose name is on the document. Also, non- lawyers around our court premises engage in preparing legal documents. This policy is a commendable one!

In reaction to the seal and stamp policy, a lawyer on a social media platform asked whether membership of the NBA is compulsory. My simple response is: “there is an automatic membership of the NBA upon being called to the Bar”. As long as one has elected to join and remain within the noble profession, he is a member and must comply with the regulations set by the body. See Chinwo v Owhonda (2008). Every legal practitioner is bound by the directive of the Association.

The Rules of Professional Conduct (RPC) is a subsidiary legislation made pursuant to a statutory enactment. The RPC gives the NBA powers to approve seal and stamps. There is no doubt that the policy has the force of law and is therefore, binding on all members of the Association. This analysis would consider the validity, viability, queries, prospect, constraints and other attendant issues relating to this policy.

Aug 5, 2015

Building Blocks For Successful Lawyer Marketing


Note: This post is shared from Legalpedia.com 
How profitable will your firm be if you systematically planned and implemented legal activities intended to bring potential clients in the door … that’s marketing! And that doesn’t contravene the law at all!

Our previous Profitable Law Firm (PLF) Series emails have been showing you WHY you should be marketing your law practice, and that there is a HOW to market, that is the correct way.