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Dec 30, 2016

Happy New Year


Dec 29, 2016

Life of a Lagos Lawyer - Episode 6




After a quick briefing with my client, I am about to get in my car when I hear someone calling out “Dlaw, Dlaw” from behind, I turn around and my heart skips a bit, guess who is pacing towards me? Omalichanwa, the Ibo girl that broke my heart in the University. We hug for a few seconds and immediately I get a whiff of her beautiful smell, I am transported to what I would always remember as one of the most beautiful times of my life.

Challenges with taxation system in Nigeria






Introduction
The Nigerian tax system has undergone several reforms geared at enhancing tax collection and administration with minimal enforcement cost. The recent reforms include the introduction of TIN, (unique Taxpayer’s Identification Number), automated tax system that facilitates tracking of tax positions and issues by individual taxpayers, e-payment system which enhances smooth payment procedure and reduces the incidence of tax touts.
The tax authority now has autonomy to assess, collect and record tax.

Dec 26, 2016

Economic Impact of Migration: Benefit or Burden? BY Osiri Ndukwe


Introduction
Migration is a feature of social and economic life across many countries, but the profile of migrant populations varies considerably. In part this is because of the variety of sources of migration. In much of Europe, for example, citizens enjoy extensive rights to free movement. 

Dec 24, 2016

Merry Christmas


Curbing terrorism through Immigration Policies by Osiri Ndukwe



Introduction
Immigration policies aim to facilitate the entry of foreigners whose presence is desired, and to identify and deter the entry of unwanted foreigners. Although immigration policy changes alone cannot prevent terrorism, they are key ingredients in the effort to combat terrorism.

Dec 21, 2016

Rights Of A Tenant In Nigeria By Onyekachi Umah, Esq. ACIArb(Uk)


Just as the human fingers vary, so do human status, situations and endeavours vary. At different times, locations and situations in life you are either a tenant or a landlord or even both. You may be the owner of your residence while you are a tenant in your office complex. They can never be a tenant without a landlord. For more on landlords rights and duties, read my article; RIGHTS OF A LANDLORD. Due to the African undue attachment to land and landed property so much attention and superiority is added to the status of “Landlordship”. This makes up for the ill treatment the so called landlords do met out to their often poor tenants. 

NCC, the Data Price Floor and Competition Law - Stephen Oke


Stephen 'seun Oke
I am sure most, if not all, of us received notifications (be it from our telecoms operators, the press or the grapevine) about a directive of the Nigerian Communications Commission ("NCC") requiring the Telcos to increase their data tariffs to the level of a newly imposed price floor (the “Directive”) . Fortunately, the Nigerian Senate mounted enough pressure on NCC to backtrack. Most of us (myself inclusive) would agree that the Directive was unwelcome, given the prevailing economic clime. However, harsh economic climes apart, the following analysis seeks to:

Dec 19, 2016

Enforcement Of Tax Judgments Outside Nigeria - Osiri Ndukwe




Introduction
In this era of increased international trade and foreign direct investment, enforcement of foreign judgments has become very significant in our legal system. Investors are more comfortable doing business with foreign partners knowing that if they obtain a judgment from a superior court in their home country, it can be enforced against the judgment debtor in another country.

Dec 14, 2016

Suspension of FRCN Code of Corporate Governance: Lessons Learnt - Prince Ikechukwu Nwafuru


Introduction
The Financial Reporting Council of Nigeria (FRCN) recently issued the National Code of Corporate Governance, 2016 (“NCCG”). The three-in-one Code provides for sector-wide Code of corporate governance for Private and Public Sectors as well as Not-for-profit Organizations. According to information on the FRCN website, the Code of Corporate Governance for the Private Sector is mandatory, the Code for the Not-for-profit entities is comply or justify non-compliance while that of the public sector will not be applicable immediately until an executive directive is secured from the Federal Government of Nigeria.

Dec 12, 2016

41 Banned Items: Nigerian Government to Dump CBN’s Forex Policy


Recall that earlier in the year, the Central Bank of Nigeria (“CBN”) banned 41 items from access to the Official Foreign Exchange Market. The items include the following:

Dec 10, 2016

Happy Human Rights Day - Dec 10


Do you support Human Rights?



Since we launched #YALIStands4All, more than 5,000 leaders -- people like you -- have pledged to stand up for human rights in their communities: to support the basic rights and freedoms to which all humans are entitled, regardless of their nationality, gender, ethnic origin, sexuality, color, physical ability, religion, language, and/or economic status.

Event - 5th Annual Young Lawyers Forum (YLF) Workshop holds 14/12/16.


Dec 8, 2016

Nigerians and the MMM Craze by Ahmed Olaitan Banu






 “Mystery creates wonder and wonder is the basis of man’s desire to understand”….Neil Amstrong 

Certain events occur in life that we find quite difficult to wrap our minds and thoughts around. It took me a while to make up my mind on the need for this write up. Why? Because I just can’t seem to understand what is going on - I see irrationality every everywhere. 

Anti-Dollarization Policy: Managing Reality – Issues And Discontents




*This article, co- written with Chuks Okoriekwe, was featured in the Legal Insight column of BDLaw (Legal Section of the influential daily, BusinessDay) of 08 December 2016.

INTRODUCTION 

The Central Bank of Nigeria (CBN) in its effort to starve off the pressure on the Nigerian currency had drawn the attention of the public to its Currency Substitution and Dollarization of the Nigerian Currency Circular issued on 17th day April 2015 (the Circular). The Circular essentially leveraged existing legislative provisions to reiterate the bar against denomination and pricing of local (visible and invisible) transactions in any foreign currency.

Ivie Omoregie: On Becoming – Did Someone Say ‘Defamation’?




I am sure we are all aware of recent social media happenings involving the release of a certain book….

On Sunday 27th November 2016, Nigerian On Air Personality, Toke Makinwa broke the internet with the release of the much anticipated “Must Tell” book, titled “On Becoming”. The book details several events which have occurred in her personal life and which have been instrumental in making her the woman she is today. Although touching on several life changing incidences, including the loss of her parents at the tender age of 8, the book also recounts, in detail, events which might have led to the breakdown of Toke’s marriage to her estranged husband Maje Ayida.

Dec 2, 2016

Life of a Lagos Lawyer - Episode 5 (Court Room)




It’s 9:00am and we are seated in court. My client who wanted to pay me with yam and bush-meat is in the gallery. Members of his Workers Union have been trooping in to give him support; and about 18 of them are still on their way in the Union Bus. Opposing counsel, representing the Defense, is also in court, in a few minutes now, His Lordship will emerge from chambers.

Why we need competition laws in Nigeria





According to the Black’s Law Dictionary, 8th edition, Competition is the struggle for commercial advantage; the effort or action of two or more commercial interests to obtain the same business from third parties. Whish and Bailey describe Competition as a struggle or contention for superiority, and in the commercial world this means a striving for the custom and business of the people in the market place[i]

Personality Profile - Dapo Olanipekun SAN




Dapo Olanipekun SAN was elevated to the rank of Senior Advocate of Nigeria (SAN) in July, 2015, being the youngest person ever to be conferred with the rank since inception. Dapo studied his LLB at the University of Lagos and proceeded to Queen Mary University where he bagged his LLM and PhD respectively.

Nov 29, 2016

Duty of service providers to reveal customer information




The right of individuals to protect their data is very sacred and fundamental. Section 37 of the 1999 Nigerian Constitution provides that; "the privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected".

Congratulations to all the New Wigs on their Call to Bar


Nov 25, 2016

Life of a Lagos Lawyer (Episode 4) - Big Law to Solo




It’s been 7 weeks since I dropped my resignation letter out of frustration. I walked out of Oga’s office with so much confidence, one would have thought, I just got appointed the personal house boy to the PA of the Governor’s special adviser a special adviser to the President. Oga had given me a query for leaving the office at 8.30pm to attend to some personal matters even though my letter of employment said 6pm. I am sure the contents of my resignation letter must have passed my message across very well, I used the most polite of languages and gently eased the cup of employment from my head. It said –

The Enforceability of Non-Compete Clauses/Agreements under Nigerian Labour Law



Entrepreneurs often dread losing key staff. The difficulty involved in having to recruit and successfully integrate new faces into an existing order makes the endeavour an unsavoury undertaking to many. However, if losing a key staff is worrisome enough, the realization that a disgruntled one may walk out the door with more than his termination letter and severance paycheck, is a much graver cause for concern.

Nov 23, 2016

Compliance Under The Corporate Immigration Regime in Nigeria




Under the Nigerian corporate immigration regime, foreign nationals may undertake any type of business and own 100 percent equity and undertake any type of business in Nigeria except those in the negative list, that is, production of arms, narcotics and related substances which are prohibited to Nigerians and Foreign Investors alike.[1]

Nov 8, 2016

Infograph on child pronography laws in Nigeria

Nov 7, 2016

Hierarchy Of Courts In Nigeria- Adenike Adetifa




 “A party is entitled as of right to the consideration of his case before the court”.
  • HIS LORSHIP KARIBI-WHYTE, JSC IN NWOKORO V ONUMA (1990) 3 NWLR PART 136 P.22

Nov 4, 2016

Life of a Lagos Lawyer - Milady (Episode 3)


It all started on the day of my Call. My father was so proud that his little angel was becoming a Barrister; He had put up my Pre-Call photo as his display picture on Facebook with the tagline “Beware, my daughter is a lawyer” and invited everyone to my call-to-bar celebration party. 

The Communication Service Tax Bill: A Desperate Cry For Help – Emmanuel Ohiri




1.     Introduction

On 31st August 2016, the National Bureau of Statistics of Nigeria (Bureau) confirmed what was already in the minds of all Nigerians and the world- Nigeria was in recession. From the Bureau’s Q2 report, Nigeria’s GDP declined to -2.06% (year-on-year) in real terms. Rather than focus on alleviating the effect of the recession, the National Assembly is contemplating levying taxes on communication and internet services in Nigeria. 

Nov 3, 2016

Infograph - Why you need a Company Secretary

Compensation for death in the workplace




A fatal accident at work is defined as an accident which leads to the death of a victim. Death is usually a tragic event, especially when it occurs in the workplace. According to the International Labour Organisation, ILO, statistics indicate that “one worker dies every 15 seconds worldwide, 6000 workers die every day and more than two million workers die annually as a result of work related accidents and diseases.

Nov 2, 2016

Infograph on Employee Compensation Rights

Oct 28, 2016

Life of a Lagos Lawyer - End of the Month (Episode 2)




Everyone in the office is smiling, except me.  Their jubilation is expected, being the end of the month and salaries have been paid. I always had dreams of working in Big Law, in one of the top law firms on the Island. But I am not so sure anymore,  getting home from work at 10.30pm to leave at 6am the next morning; coupled with my insufficient salary of N90,000 per month, minus penalty fees at the office, I can’t even afford a social life. 

Sexual Harassment Law in Nigerian Universities




The Sexual Harassment in Tertiary Educational Institutions Prohibition Act, 2016; otherwise known as the Sexual Harassment Act is a welcome development to the body of law in Nigeria. The Act comes to rescue students in Nigerian educational institutions who are victims of sexual harassment from preying lecturers, teachers and educators who use their position to sexually exploit students. 

Oct 27, 2016

What to do when your employment is terminated unlawfully - Adedunmade Onibokun




There are many instances when employees have had their employments terminated unlawfully by their employers.  Some of these employees never see it coming and become infuriated at the company for a termination they deem unlawful. Others are confused and wondering what to do next and how to secure the next pay check in order to provide for their families and needs. Many however, do not realise that their termination is unlawful and they have a right to sue the employer for a breach of their contract of employment. 

Oct 25, 2016

Duties and Powers of The National Judicial Council (NJC)





The National Judicial Council is one of the Federal Executive Bodies created by virtue of Section 153 of the 1999 Constitution of the Federal Republic of Nigeria. In order to insulate the Judiciary from the whims and caprices of the Executive; hence guarantee the independence of this Arm of Government, which is a sine qua non for any democratic Government, the National Judicial Council was created and vested with enormous powers and functions.

Provisions of the proposed bill to establish a ranching commission in Nigeria




The National Assembly is currently examining a Bill sponsored by Senator Barnabas Gemade, seeking to establish the National Ranches Commission for the regulation, management, preservation and control of ranches throughout Nigeria. 

Oct 21, 2016

Life of a Lagos Lawyer - Bad mornings (Episode 1)




It was a very beautiful day and I woke up feeling great. Like an angel had visited my bed side during the night and whispered to me that I was waking to one of the best days of my life. Jeffery, my driver, had detailed the custom Mercedes Benz S-Class and as the smell of the rich and luxurious leather drifted in my comfortable back seat, I could not help but notice my face on the cover of the Forbes Africa magazine being displayed on the news stand with the caption “The Best Lawyer in The World” written under my name. 

Oct 20, 2016

Sun International's Pullout ,The Nigeria Gaming Industry And The Rest Of The Economy -




On the 25TH of August of 2106 we woke up to splashing headlines by several local papers announcing Sun International’s (SI) pullout from Nigeria. Some noted that it was the 4th South African company to pullout from the Nigerian market citing the hostile economic environment as the reason. As expected I was inundated with inquires from several quarters especially from those eying the Nigeria gaming market

Oct 19, 2016

Compensation for injury in the Workplace




The Black's Law Dictionary, 9th Edition at page 320, defines compensation as:
"1. Remuneration and other benefits received in return for services rendered.....
2. Payment of damages or any other act that a court orders to be done by a person who has caused injury to another."
(Emphasis mine)
It is common for workers to suffer injury or incur liabilities during the course of employment. This is more common with employees whose employment require them to work with delicate and complex medium and heavy duty machinery, such as workers on an oil rig, a manufacturing company, a laundry service or even a restaurant.

Oct 17, 2016

Inforgraph on the Lagos Property Protection Law


Oct 14, 2016

“THE CNN EFFECT” If it Bleeds it Leads. Does media coverage make violent conflict more likely?




The saturation of media in virtually all areas of contemporary life and its effects on society has been widely discussed by many academic scholars. At the same time, since the end of the Cold War in 1989, intra-state conflicts in which the Great Powers have been openly involved have also become significant. Connecting these developments, the media has been seen as not merely observers, but participants in these post-Cold Wars. 

Oct 13, 2016

BNLF social networking event on 28/10/16.


Interview: Chika Ugonwa, Immigration lawyer talks about law practice and finding her niche by Anne Mmeje




Anne Mmeje interviewed Chika Ugonwa, a young entrepreneurial Nigerian Lawyer who practices Immigration Law in Nigeria. Chika talks about her work, human trafficking in Nigeria, and the Gender Equality Bill that failed to pass at the National Assembly. Chika’s vision includes establishing a law firm that will serve as a one stop shop for everything Travelling/Immigration inquiry and assistance in Nigeria; having a bilateral relation with immigration firms all over the world, Embassies and High Commissions; and building a strong brand on the foundation of Trust and Integrity.

Oct 11, 2016

Ivie Omoregie: The Importance of Contracts;Especially When Dealing with Friends




The importance of contracts

Over the years, in my professional capacity, as well as in my personal life, I have seen extremely ugly disputes erupt amongst people who would have once referred to themselves as close friends or family; all because they attempted to do business or engage in a project together which subsequently went pear shaped. I often tell people ‘even if you are going into business with your mum, make sure you sign something setting out, in clear terms, exactly what is expected from each party’.

Oct 10, 2016

Powers of National Security Agencies in Nigeria






According to Wikipedia, National security is a concept that a government, along with its parliaments, should protect the state and its citizens against all kind of "national" crises through a variety of power projections, such as political power, diplomacy, economic power, military might, and so on.

Oct 8, 2016

Who will speak for the judiciary – Dunmade Onibokun




Who will speak for the judiciary – Dunmade Onibokun
First they came for the Socialists, and I did not speak out—
Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out—
Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out—
Because I was not a Jew.
Then they came for me—and there was no one left to speak for me.
 
by Martin Niemöller

Commendation to Nigerian Police on tattoos




I just stumbled on an article on the Linda Ikeji Blog about a lady who was assaulted by the Police for having a tattoo. It’s so amazing the work our Nigerian Policemen are doing. 

Oct 5, 2016

Opinion: On Sambo Dasuki and the ruling of the ECOWAS Court by Raymond Nkannebe




The considered ruling yesterday 4th October, of a three man panel of the Ecowas court led by Justice Friday Nwoke that terminated in an order of immediate release of the estranged former National Security Adviser, Sambo Dasuki who has been in custody of the DSS since last year, and cost against the Nigerian state in the sum of 15 million naira is a welcome development. Nigerian security operatives on no reason should be allowed in any guise to overshot the runway of the law ostensibly to fortify the security of the nation.

Oct 4, 2016

Infograph on penalty for abuse of public office in Nigeria