Penalty for abducting females in Nigeria

Penalty for abducting females in Nigeria

Credit – mgafrica.com

Any person who, with intent to marry or carnally know a female of any age, or to cause her to be married, or carnally known by any other person, takes her away, or detains her against her will, is guilty of a felony, and is liable to imprisonment for seven years. 

Section 361, Criminal Code Act 
Any person who unlawfully takes an unmarried girl under the age of 16 years out of the custody or protection of her father or mother or other person having the lawful care or charge of her, and against the will of such father or mother or other person, is guilty of a misdemeanour, and is liable to imprisonment for two years. 
Section 362, Criminal Code Act 
Adedunmade Onibokun
@adedunmade 
Why do Police use excessive force to  make arrest

Why do Police use excessive force to make arrest

Credit- citynews.ng

Have
you seen a Police officer try to arrest a motorcycle operator, popularly known
as okada, for breaking a traffic law or plying a restricted route? The
motorcycle operator and his passenger are usually riding along and in other for
the policeman to stop them, sometimes, rather than wave them down politely; he
pounces on the motor bike or immediately puts an object in the way of the
rider. This style of arrest has usually left many people injured from
accidents. 
What
about witnessing a Police officer assault a citizen under the guise of making
an arrest? They will slap, beat, hit and bully you into submission. You have to
understand that wrestling an unwilling offender to the ground in other to
handcuff or subdue him is one thing but actually subduing an alleged offender
with punches, slaps, kicks and using objects to hurt the alleged offender is
barbaric in my opinion and belongs to the era of the slave trade. Citizens of a
Nation with laws should not be treated in such a way.

 

credits – informationnigeria.com

Section
4 of the Administration of Criminal Justice Act (2015)

states that in other to effect an arrest, the person effecting the arrest must
touch or confine the person to be arrested except the person submits to custody
by action or word of mouth. Section 8 also provides that a suspect shall be
accorded humane treatment, having regard to his right to the dignity of his person,
and not be subjected to any form of torture, cruel, inhuman or degrading
treatment. Is physically assaulting an alleged offender inhuman or degrading
treatment, I believe so. 
Please
note that this does not take away the right of an officer to use force as is
reasonably necessary but this must not evolve into an excessive use of force.  I sure will like to know the opinion of police
officers on this topic and listen to their reason(s) for justifying these acts
of excessive force in effecting arrest. 
Adedunmade
Onibokun
@adedunmade/twitter
8 tips on how to be Harvey Specter

8 tips on how to be Harvey Specter

credits- pearsonhardman.com

If you watch the law series Suits, then
you would be familiar with who Harvey Specter is. I am currently watching the 4th
Season where Mike is on trial for being a fraud on the allegation that he never
went to Harvard and well……., go watch it and find out for yourself what
happens. But don’t you just love Harvey? His air of smooth confidence,
knowledge of the law and how to bend it, 
how he breaks down all doors on his path to satisfying his clients and
protecting his firm within the ambits of the law, plus how he seems to do it so
effortlessly. No dispute, Harvey is a great lawyer in the Series. 
The good news is, you can also be like
Harvey Specter. You can be that very brilliant lawyer whose never lost a case
and delivers the goods a hundred percent. Trouble is, being Harvey Specter is
hard work but if you can follow the tips I am going to share below, then here
comes (insert your name here).

1.    
Start
your career at the Ministry of Justice.
Working in a Tier 1 law firm like Clifford
Chance, Olaniwun Ajayi LP or Ajumogobia and Okeke is awesome. Trust me, I know but
Harvey didn’t just join Pearson Hardman immediately he left law school. He began
his career his career at the District Attorney’s office on the advice of Jessica,
his mentor and the Senior Partner at Pearson Hardman where he learnt the
practice of law and groomed his advocacy skills. Later on, when he felt the
time was right, he swapped to private practice and was able to use his
experience from his previous work background to his advantage.
2.    
Know
the law
Knowing your law and how it applies to your
client’s circumstances is one of the best traits a lawyer can have. Harvey
always seems to have all the provisions of the law at his fingertips as well as
their shortcomings. There is no substitute for in-depth research and studying.
 

Credits – tvfanatic.com

3.    
Have
a Mike Ross
.
Mike Ross is that Associate in your
firm that makes all your work easier, he is equally as brilliant as Harvey,
able to pour through boxes of legal documents and can always identify the
issues alongside the solutions. Plus he has a photographic memory, please note
I am not saying you should make this a requirement when requesting for a CV. But
having a person with such gift on your team is a big advantage to any lawyer. Just ensure your Mike Ross actually went to law school and has a license to practice law. No need offending the Rules of Professional Conduct for lawyers.
4.    
Dress
Smartly
As lawyers some of our clients judge us
by our appearance, if you turn up for a meeting looking shabby, there is a
slight chance your prospective client will not take you serious. That’s why
Harvey is always slaying in a dapper suit anytime you see him. Dressing neatly
and smartly will always get you noticed at any gathering.
5.    
Have
an efficient Secretary
.
Harvey has Donna, that secretary that
just knows how to do everything right. She makes his jobs a lot easier by
ensuring he doesn’t have to deal with the little things that matter.  
6.    
Have
Partners who believe in you and support you
.
Having a Partner at your law firm that
totally believes in you and supports you every step of the way is sometimes the
encouragement that you will need as a lawyer. Harvey has Jessica and they
always watch each other’s backs.
7.    
Be
ready to work late hours
.
Being a lawyer is hard work, you have
to work late sometimes in other to deliver that Motion or prepare for that
trial. Plus the only reward a good lawyer ever gets is more work. It’s not unusual
to hear of law firms who work late into the night and sometimes have to sleep
in the office. If you want to get off work every day at 5pm, then the Harvey
Specter life is certainly not for you. The downside of this is that you also lose
your social life, out the window goes your time out with friends and family. Sometimes
you have to work weekends and miss that wedding or that birthday.   
 

credits- dave.uktv.co.uk

8.    
Realise
Suits is just for entertainment
.
Though Harvey seems to brim of and
present excellence at all times. Harvey is just a character is a tv
entertainment sequel that you watch. So when your day in court does not go
excellently well like Harvey’s don’t think of it as a sign of failure, rather
learn your lesson, dust the dirt off your shoulders and put in more effort to
making yourself an all time success. I am sure when you see Jackie Chan or Jet
Li beat up two dozen men with a stick in an action movie, you don’t seem
convinces try that at home, well except you are 7 years old.
Adedunmade Onibokun Esq
@adedunmade/twitter
DOING BUSINESS IN NIGERIA: EASY STEPS TO STARTING A COMPANY

DOING BUSINESS IN NIGERIA: EASY STEPS TO STARTING A COMPANY

Credits- venturesafrica.com


As
a lawyer, it is important that I  understand my client’s brief before filing
a case or rendering any kind of service
. I can safely say the process is
the same for other professionals, and entrepreneurs. They all have a process,
albeit with slight difference.

To figure out which business
structure would fit their proposed entity, in both short term and long term, it
is important that would-be entrepreneurs understand the preliminary stages of
pre-incorporation of companies. As such, here are my thoughts on how to start a
company in Nigeria.
The Company and Allied Matters Act (CAMA) is the law
that regulates incorporation of companies in Nigeria. It regulates the types of
company structures permissible. Headquartered in Abuja, the Corporate Affairs
Commission (CAC) is the regulatory body in charge of implementing the
provisions of the CAMA. It however has branches across the country.

According
to some quarters,  the current downturn in Nigeria’s economic fortunes
will cause the demise of jobs, and, as a result, many will embrace
entrepreneurship as a last resort. But, that is an argument for another day.
Long before now, Nigerians have always been industrious and dealt with all
manner of trade or commercial activities.
In
these modern times, however, there are tons of considerations when a person
decides to start a business. One of this is choosing a structure that best
serve his interest as an individual and the future of the enterprise. In
Nigeria, an entrepreneur often has to choose either of these business
structures:
(i)
Sole Proprietorship: One man business.
(ii)
Partnerships.
(iii)
Limited Liability Company (LTD)
For
the purpose of this article, we shall be examining how to setup a Limited
Liability Company. Choosing this business structure confers two major benefits:
Limited Liability
By
law, a company is deemed to be a separate legal entity with different personage
to its promoters, owners or directors. It can sue, be sued and has powers to
enter into contracts, purchase and own property etc. With this structure, your
profit or loss  is limited to the equity contributed to setting up the company.
An entrepreneur is rest assured that his personal assets are safe from the
Company’s indebtedness and bankruptcy.
Perpetuity in Business.
The
business has a life of its own and will survive its promoters or directors upon
their death. What this means is that the death of the entrepreneur doesn’t
summarily cause the demise of the business. The business can remain a going
concern for several years after the death of its founders.
 STEPS
To
register a LLC, the following steps and information is required to be provided
to the Corporate Affairs Commission:
1)
Reservation of Name: Choose two names central for both legal and marketing
purposes. The names must be unique and original to the company. It must be
distinguishable and not similar to those already in use by existing companies.
If it is similar to other names, the Registry will refuse such entries, and
peradventure it is accepted, Trademark issues could be lurking around. The
registry will accept one of the two names submitted.
Other
information/documents required to be submitted include:
2)
Brief Description of Business Activities
3)
Directors’ Particulars –
Minimum
of Two (2) and not more than Fifty (50)
Founding
Directors must not be –
Under
the age of 18 years old (unless at least 2 other members are over the age of
18),
Of
unsound mind,
An
undischarged bankrupt, or disqualified by CAMA from being a Director
4)
The company’s share capital
5)
Address of Company’s Office
6)
Company Secretary Particulars
7)
Receipt of payment of stamp duties
8)
Statement of compliance by Legal Practitioner
9)
Preparation of Memorandum and Articles of Association by Legal Practitioner.
10)
All Directors must sign the filled forms and Memorandum and Articles of
Association before filing for Stamping and Verification.
11)
After stamping and verification has been done by the CAC, you will be issued a
certificate of incorporation.
Only
accredited individuals can register companies, and the only professionals eligible
for accreditation are Lawyers, Chartered Accountants and Chartered Secretaries.
EASE AND DURATION
With
the advent of new technologies and other social media channels it is easier to
instruct lawyers to help with the process of incorporation. This instructions
can communicated from far-flung corners of the globe to attorneys domiciled in
target countries. This process can be completed within 3-4 weeks in Nigeria.
We
are happy to provide free company registration advice. Even if you are not in
need of a company registration, this blog contains  valuable information
about doing business in Nigeria and the regimes that regulate it.
Be
social, share on your social media channels. Drop a thoughts in the comments
section below or send an email to contact@hightowerlawyers.com 
Kindly
follow us on Twitter
and on Facebook to
assess real time legal tips and other relevant information.

By: Akinyemi Ayinoluwa
Toyin Sanni, Group Chief Executive Officer, UBA Capital Plc to Judge Nigerian Legal Awards

Toyin Sanni, Group Chief Executive Officer, UBA Capital Plc to Judge Nigerian Legal Awards


Mrs
Oluwatoyin Sanni
, is the Group MD/CEO of
UBA Capital Plc and Chairperson of the Capital Market Committee. A Lawyer,
Chartered Secretary and Stockbroker with over twenty-five years’ experience in
Investor Services, Law and Finance, Toyin holds a Masters Degree, LLM (Hons),
from the University of Lagos as well as the Professional qualifications of the
I.C.S.A. UK, and the Chartered Institute of Stockbrokers (C.I.S.) Nigeria. She
was a Council Member of the Institute of Chartered Secretaries and
Administrators Nigeria, a Fellow and Vice President of the Association of
Pension Funds of Nigeria (APFN), an Associate of the Institute of Directors
Nigeria and President of the Association of Corporate Trustees Nigeria.
Edmund Boyo, Co-Head Africa Practice, Clifford Chance LLP joins panel of judges for the Nigerian Legal Awards

Edmund Boyo, Co-Head Africa Practice, Clifford Chance LLP joins panel of judges for the Nigerian Legal Awards

We
are proud to welcome Mr Edmund Boyo, Co-Head Africa Practice and Partner
(Frankfurt) at the global law firm, Clifford Chance LLP as he graciously
consents to join the panel of judges for our ESQ Nigerian Legal Awards.
Edmund
specialises in structured finance transactions, in particular project finance,
asset finance, corporate banking and restructurings. He acts for sponsors and
lenders on all aspects of international project financing (including
petrochemicals, mining and ports).

Edmund
also acts for financial institutions, lessors, lessees, borrowers and arrangers
in domestic and cross-border asset finance transactions (including, aircraft,
rolling stock and containers). He acts for lenders and borrowers on acquistion
finance and secured and unsecured lending. 
Edmund
joined Clifford Chance, Frankfurt as a lawyer in 2000. Prior to this time, he
was a trainee at Clifford Chance, London (1998) and has been a partner since
2007.  He attended University of Kent at Canterbury where he bagged a BA
(Hons) in Law and German (1994) and University of London (LLM (Banking and
Finance)), (1995). He Speaks English and German.
Edmund
has been a speaker at the annual ESQ Project Finance School since 2012.
In
his email accepting our invitation to participate as a judge, Edmund expressed
his delight in being a part of what promises to be a very interesting and
exciting legal awards in Nigeria.
Whats Fair and Reasonable? by Jacinta N. Obinugwu

Whats Fair and Reasonable? by Jacinta N. Obinugwu

Credits – www.linkedin.com
It is important to have a fair
understanding of the meaning of Justice. According to Oxford dictionary, “Justice is defined as the quality of
being fair and reasonable
“. Justice can also be seen as a
philosophical concept of rightness in ethics. Although justice is vitally
important to any ethnical system, the definition of ‘justice’ is highly
disputed upon amongst philosophers and political thinkers.

This article looks at the writings of
Jeremy Bentham, John Rawls and Robert Nozick from the perspective of
Aristotle’s question about the nature of justice. Outlining the principles of
Bentham’s utilitarianism, Rawls’s justice through fairness, and Nozick’s
procedural justice theory, this discussion illustrates the degree to which
these three writers were concerned with distributing three very different
‘goods,’ when they sought to create justice.

Bentham sees justice as maximizing pleasure
and minimizing pain for society as a whole. Bentham believed that if we
maximize the pleasure in society, this gives everyone in that society the
highest probability of having pleasure, even if it means sacrificing the rights
of some individuals to achieve that pleasure. Within utilitarianism, equality
loses its importance, as to what meaning it has in a conception of society as a
single mass, rather than a group of individuals. For Bentham, we are all
equally tied up in society, like bees in a hive, and what is good for the hive
is good for the bees. Essentially, we have the equality of membership in a
society.
Rawls sought to create the most equal
possible society by designing it in a way that no one knew which position they
would occupy in it. He believed that if the people designing society could not
know where they fall in the grand scheme of things, they would become
conservative, and carefully design the one society that most perfectly cared
for its least fortunate group. Rawls sought equality of opportunity and access
to benefits, allowing only for inequality that would still improve the state of
the least fortunate. Inequalities that leave some group worse off would be
forbidden.
Nozick saw this view as pointless. For
Nozick, justice therefore meant equality of the right to contract. If people
are free to bargain as they like, and this is what they do, then the results of
those bargains are just. In order words, Nozick was of the view that in order
to get a fair balance in a society one must possess the ability to bargain.
All men think justice to be some sort of
equality, what do you think?

by Jacinta N. Obinugwu

Editor’s note: This article was originally posted by the author on www.linkedin.com

Mark Molyneux Partner/Co-Head, Africa Business Group, Addleshaw Goddard LLP. join panel of judges for Nigerian Legal Awards

Mark Molyneux Partner/Co-Head, Africa Business Group, Addleshaw Goddard LLP. join panel of judges for Nigerian Legal Awards

Mark
Molyneux

specialises in commercial litigation and has significant experience of leading
large and complex investigations and litigation both in International
Arbitration and the English High Court, including claims supported by urgent
injunctive relief and worldwide freezing injunctions.

Recent
work includes arbitration disputes under ICC, LCIA, SCC, AAA and UNCITRAL rules
and particular experience in disputes involving cross-border issues, advising
on matters involving jurisdictions in Europe, Africa and South and Central
America.

Mark
provides advice to a wide range of clients, including corporates, financial
institutions and high net worth individuals on disputes including fraud,
competition claims, contractual and outsourcing disputes, contact termination,
warranty claims, and disputes with subcontractors and suppliers.

Mark
co-leads our firm’s Africa Business Group advising on a number of high profile
disputes and compliance issues in the region.  Mark is also co-head of the
firm’s Retail and Consumer Sector Group.

‘One of
the best litigators in the market at the moment’, Mark Molyneux is ‘extremely
bright, but also down to earth and very approachable’ .
Legal 500, 2015

Mark has
been a regular speaker at the ESQ International Arbitration School held in
Lagos annually.

Dr Adesegun Akin-Olugbade, OON, Executive Director/General Counsel, Africa Finance Corporation to Chair Panel of Judges of the Nigerian Legal Awards

Dr Adesegun Akin-Olugbade, OON, Executive Director/General Counsel, Africa Finance Corporation to Chair Panel of Judges of the Nigerian Legal Awards

Dr.
Adesegun Akin-Olugbade is Executive Director and General Counsel of the Africa
Finance Corporation (AFC), in charge of Corporate Secretariat, Legal, Human
Resources, Administration, Communications and Country Coordination. Prior to
joining the AFC, he was the General Counsel and Director of the Legal Services
Department of the African Development Bank Group and pioneer Chief Legal
Officer of the African Export-Import Bank.
He
has worked for Arnold & Porter, as a Foreign Associate, and served as State
Counsel in the Federal Ministry of Justice of Nigeria, as a pioneer member of
the Ministry’s Contract Vetting Division. He is also an equity partner in the
law firm of O.B. Akin-Olugbade & Co (founded in 1954 by his late father).

He
holds a Doctorate degree (SJD) and a Masters degree (LL.M.) from Harvard Law
School, and obtained an LL.B. (Honours) degree and LL.M in International
Financial Law from King’s College London (University of London). He was called
to the Nigerian Bar in 1984, where he came top of his graduating class (the
first foreign trained Nigerian recipient of the award). He has received many
prizes and awards and authored several articles for international law journals.
Dr.
Adesegun Akin-Olugbade is Executive Director and General Counsel of the Africa
Finance Corporation (AFC), in charge of Corporate Secretariat, Legal, Human
Resources, Administration, Communications and Country Coordination. Prior to
joining the AFC, he was the General Counsel and Director of the Legal Services
Department of the African Development Bank Group and pioneer Chief Legal Officer
of the African Export-Import Bank.
He
has worked for Arnold & Porter, as a Foreign Associate, and served as State
Counsel in the Federal Ministry of Justice of Nigeria, as a pioneer member of
the Ministry’s Contract Vetting Division. He is also an equity partner in the
law firm of O.B. Akin-Olugbade & Co (founded in 1954 by his late father).
He
holds a Doctorate degree (SJD) and a Masters degree (LL.M.) from Harvard Law
School, and obtained an LL.B. (Honours) degree and LL.M in International
Financial Law from King’s College London (University of London). He was called
to the Nigerian Bar in 1984, where he came top of his graduating class (the
first foreign trained Nigerian recipient of the award). He has received many
prizes and awards and authored several articles for international law journals.