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Mar 29, 2017

Get an affordable International Degree with Higher Study Nigeria


Why should you burden yourself with spending as much as $20,000 or more on education in UK, USA, Australia and Canada to mention a few when you can get the same benefits from reputable Universities in Europe for 5 times less?. At this time of economic recession in Nigeria, Higher Study PVT Nigeria Limited in conjunction with partner Universities in Hungary have come up with a strategy to make available qualitative foreign education at affordable rates.

Mar 24, 2017

Eight Beatitudes for Lawyers: Lessons from Lincoln | Joseph Onele


The First Beatitude
Blessed are they who thirst after knowledge (both law-related and non-law related) like the future depends on it; for they shall have a fountain of 'flowing knowledge,' achieve mastery in no mean time and become envies of colleagues and delight of clients.

Life of a Lagos Lawyer - Treason (Episode 9)

“Are you paying attention? Good. If you are not listening carefully, you will miss things. Important things. I will not pause, I will not repeat myself, and you will not interrupt me. You think that because you're sitting where you are, and I am sitting where I am, that you are in control of what is about to happen. You're mistaken. I am in control, because I know things that you do not know. [pause] What I will need from you now is a commitment. You will listen closely, and you will not judge me until I am finished. If you cannot commit to this, then please leave the room. But if you choose to stay, remember you chose to be here. What happens from this moment forward is not my responsibility. It's yours. Pay attention.”

Review of Retail Supermarket Nig. Ltd v. Citibank Nig Ltd & CBN


Background
Following a decision of the Federal High Court in Suit No: FHC/L/CS/1710/2013: Kasmal International Ltd v. Central Bank Nigeria, the Central Bank of Nigeria (CBN) issued a circular dated January 15, 2016 to all Deposit Money Banks to the effect that stamp duties at the rate of N50 for every payment of N1000 and above would be applicable to all receiving accounts in the country with immediate effect.

Mar 21, 2017

Expansion Of Business Visa Activities in Nigeria | Dayo Adu



Background: This memo seeks to enlighten Partners, business visitors to
Nigeria, companies, investors and human resource experts on the new policy direction of the Nigeria Immigration Service (“NIS”) in line with the 60-day national action plan for ease of doing business in Nigeria that was approved recently by the Presidential Enabling Business Environment Council (PEBEC).

Mar 20, 2017

Key Takeaways From The National Industrial Court Of Nigeria Civil Procedure Rules 2017


Background:
Recently, the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017 “the Rules” replaced the National Industrial Court Rules 2007 and the Practice Direction 2012, which previously guided procedures in the National Industrial Court. With the new Rules, the National Industrial Court “the Court” aims to improve the administration of justice in its proceedings. In line with this objective, the Rules incorporate new provisions considered below.

Jurisdiction over Maritime Labour Claims – the Federal High Court or the National Industrial Court?


Legal jurisprudence continues to develop and there is always an ever-growing need to fine tune the process of dispensation of justice. The aim, more often than not, is to ensure that the dispensation of justice is not sacrificed in the temple of justice as a result of technicality. It is on this basis that it becomes imperative for the substratum for maritime labour claims – jurisdiction - be discussed. The debate herein lies in whether the Federal High Court has exclusive jurisdiction or if the National Industrial Court has exclusive jurisdiction. There is also the issue of what forum will best serve the objectives of the relevant party instituting the action.

Legal Opinion on Whether the Comptroller General of the Nigerian Customs must wear uniform


Background
Upon appointment as the Nigerian Customs Service Comptroller General by the President, Comptroller-General Hameed Ibrahim Ali has refused to wear the uniform of the paramilitary establishment[1] – the Nigerian Customs Service.

Mar 15, 2017

Beyond Boko Haram: Exploring the Crisis of Definition in Nigeria’s Counter-Terrorism Legislations


“Let it be told to the future world, that in the depth of winter, when nothing but hope and virtue could survive, that the city and country, alarmed at one common danger, came forth to meet and to repulse it” Thomas Paine, December 23, 1776

Profile - Hon. Justice Walter Onnoghen GCON CJN


Hon. Justice W.S. Nkanu Onnoghen was born on the 22nd December, 1950 at Okurike Town, Biase L.G.A. of Cross Rivers State.He attended the Presbyterian Primary School, Okurike Town between 1959 and 1965.
He later proceeded to Accra, Ghana to attend Odorgorno Secondary School, Adabraka, Accra, Ghana between 1967 and 1972 for his West African Examination Council (WAEC) Exams.

Infograph on Medical Negligence


Mar 13, 2017

5 Misconceptions about Tenancy Law in Nigeria | Adedunmade Onibokun


A lot of Nigerians have misconceptions about some of the principles and laws regarding tenancy law. Having received quite a number of emails over some of these areas of tenancy law, this topic will in no small way help shed light on questions regarding tenancy laws and practice which a number of readers might have.  Here are five misconceptions about Tenancy Law in Nigeria;

Mar 10, 2017

Life of a Lagos Lawyer - Silk (Episode 8)


I am rounding up my workout when a phone rings, it’s my iphone so I am wondering who has been calling me continously at 6.30am in the morning, both my home and work phones had also rang in quick succession 3 minutes ago. The caller id says Alhaji, one of the select few who have all my 3 numbers outside close family members.  

Mar 9, 2017

Quote: Lord Lugard's opinion of the average African/Nigerian


"In character and temperament" wrote Lord Lugard, the typical African of this race-type is a happy, thriftless, excitable person. Lacking in self control, discipline, and foresight. Naturally courageous,and naturally courteous and polite, full of personal vanity, with little sense of veracity, fond of music and loving weapons as an oriental loves jewelry. His thoughts are concentrated on the events and feelings of the moment, and he suffers little from the apprehension for the future, or grief for the past.

Central Bank of Nigeria's Draft Guidelines on Direct Debit and Billing Payments in Nigeria


E-commerce has made tremendous growth in Nigeria since the massive penetration of internet services in Nigeria and with it came lots of gaps in the Nigerian payments system. The Central Bank of Nigeria (“CBN”) which is responsible for the overall management of Nigeria’s financial system has the specific power to regulate, promote and facilitate payments. Section 47 (2) and (3) of the Central Bank of Nigeria (Establishment) Act (the “Act”) empowers the CBN to promote and facilitate the development of efficient and effective systems for settlement of transactions (including development of electronic payment systems).

The Indolent Generation of Talkatives| Magnus Amudi


“No generation can choose the age or circumstance in which it is born, but through leadership it can choose to make the age in which it is born, an age of enlightenment, an age of jobs and peace and justice.” Jesse Jackson.

I write today with a heart full of gloom, filled with questions whose answers may strike me like an archer’s bow, passing and piercing through my heart, leaving me broken. I write to my fellow compatriots to ask what joy, what fulfilment, and what luxury lie in dormant silence.

Ivie Omoregie: Here Are Vital Things to Consider If You’re Thinking of Coming Into Nigeria to Set Up a Business


Recently someone called me with excitement about the new value of the Naira. She had been hearing about Nigeria’s economic challenges, but had never really considered what this meant to her, as she was not directly affected by it (her entire immediate family are spread across America and the UK).

Nigeria’s Nuclear Energy Programme and the Question of Legality under International Law

Introduction
The history of Nigeria’s nuclear technology started after her independence when the Federal Radiation Protection Service was established in 1964 (Mundu & Umar, 2004). However, Nigeria’s nuclear programme emerged tentatively in 1976 with the establishment of the Nigerian Atomic Energy Commission (NAEC), primarily as a response to South Africa’s acquisition of nuclear weapons and India’s test of a nuclear device (Lowbeer-Lewis, 2010).

An Overview of Oil and Gas Contracts| Anemuyem Akpan & Uduak Nsungwara



Introduction
The public and private arrangements under which oil production is authorised have gone through a variety of phases since the emergence of petroleum as an internationally traded commodity in the middle decades of the last century (Smith, 1991). International oil companies (IOCs) and host states (HSs) have over the years adopted various schemes of arrangement to project and protect their interests. The relationship between the IOCs and the HSs forms the substratum of the petroleum industry and is accountable for the birth of various types of contracts in industry.

Mar 6, 2017

Doing business in Nigeria: how foreigners can set up businesses in Nigeria| Hightower Lawyers


Nigeria is ever-ready to welcome foreigners to its shores, for business. There are many foreign controlled/owned businesses contributing to her prosperity.

Did you know these legal facts | Ahudiya Ukiwe


  • That “419” is actually a section of the Nigerian Criminal Code that indicates the offence of obtaining goods by false pretence and its punishment.

Hague Rules: Autonomy and Superiority over Domestic Legislation in Nigeria | Adebanke Ajayi


At the onset of the second millennium, the position of the Nigerian Jurisprudence pertaining to the hierarchy of international treaties vis-avis domestic laws was that the former had no superiority over the latter. Additionally, pursuant to section 12 (1) of the 1979 constitution in pari materia with Section 12(1) of the 1999 Constitution as amended, international treaties or conventions can only assume the force of law in Nigeria following ratification by the National Assembly. Section 12(1) of the Constitution provides as follows:

Mar 3, 2017

In The Interest Of Justice | Eberechi Okoh


  
“…visiting the sin of counsel on his client is not permitted by the law courts. What is not however tolerated is where a counsel committed all unforgivable a fundamental blunder which affects his case, such as filing a wrong or an incompetent originating process, there is no way the court can blind its eyes to allow the process have its way, as such.” Okpe v. Fan Milk Plc & Anor [2017] 2 NWLR (PT 1549) 310-311

On this note, the Supreme Court gavelled the case to rest. The Appellants in the case cited above had urged the Supreme court to set aside the judgment of the Court of Appeal given in favour of the Respondents on the ground that it was predicated on a Notice of Appeal which did not state the Respondent counsel’s name but bore only the name of the law firm. The 1st Respondent on its part argued that neither the parties nor the Court of Appeal was misled by the content of the Notice of Appeal and urged the Supreme Court to consider what was in the interest of justice in determining the issue. The Supreme Court allowed the appeal and set aside the judgment of the Court of Appeal. Clearly, the Justices had a definition of “justice” different from what counsel to the 1st respondent had envisaged. For them, justice was a three-way traffic - justice to the plaintiff/appellants, the defendants/respondents and the court itself. This is a stance which counsel are all too familiar with.

It remains that lawyers and non-lawyers will always disagree on what constitutes justice. While non-lawyers see justice to be served by simply considering the facts and rewarding the deserving party, lawyers consider procedural correctness which means that proceedings, no matter how well conducted, will amount to a nullity if there is a breach of a cardinal rule of procedure. In the words of Lord Denning “You cannot put something on nothing and expect it to stand”.

The real question becomes, not whether the interest of justice is the highest consideration, but what constitutes justice in each case. In the case of Odom v. PDP [2015] 6 N.W.L.R (PT 1456) 527, the Supreme Court emphasized that the attitude of the Supreme Court is that whenever it is possible to determine a case on the merit, the court will do so by refusing to cling to technicalities. Consequently, litigants can expect that procedures and technicalities are not so sacred as to upturn perceived justice all the time. However, prudent counsel will ensure that their clients are not left hanging in the balance or at the mercy of the Judge’s decision on how a procedural error will be treated. Counsel must pay close attention to procedural matters, in the interest of justice



Senior Associate at Streamsowers & Kohn
Ed’s Note – This article was originally posted here