Two
weeks ago, the Big Brother Nigeria reality TV show ended, and one youth (who
may or may not be lazy, depending on how you look at it) has emerged N25
million naira richer. Also newsworthy, but maybe not as much as the Big Brother
finale: the 113 plus Chibok girls still in captivity along with Leah Sharibu;
the Benue people still being killed; Lai Mohammed still being Lai Mohammed;
Senator Dino Melaye doing Jackie Chan-like stunts; thugs casually visiting the
National Assembly; and oh yes, Buhari still remains our president.
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Apr 29, 2018
Sensitizing People About Their Rights – Whose Responsibility Is It? | Judy-Vallery Imasuen
By Legalnaija 9:23 AM
A
sight that is so common among Nigerians is that of not knowing what their
rights are. The idea of “fundamental rights” has been so romanticized by the
populace that it is common to hear citizens vaguely bring almost any matter
under it. Therefore it is possible to hear a person who has been denied their
salary or is facing an eviction say that “their fundamental right has been or
is being breached.”
Apr 28, 2018
Apr 25, 2018
Accessing the Investors’ Protection Fund of the Nigerian Stock Exchange | Adejorin D. Abiona
By Legalnaija 7:04 AM
The Investors’ Protection Fund of the
Nigerian Stock Exchange (IPF) is a scheme set up by virtue of the provisions of
the Investments and Securities Act due to the activities of capital market
operators which sometimes endanger the interests of investors[i]. The primary aim of the Investors’
Protection Fund is to compensate investors who suffer pecuniary losses
resulting from some circumstances stated in ISA. This article examines the
Investors’ Protection Fund as it relates to investors accessing the said fund.
IP ABC: Patenting Your App/Software | Infusion Lawyers
By Legalnaija 5:42 AM
Question of the Week (1)
We are a tech
company in Nigeria. We have just finished building an app—first of its kind in Africa. Because we have
big plans for this app, we need to protect it. Since the app has an
innovative and intuitive technology, we want patent protection. How do we
go about getting a patent in Nigeria?
Apr 23, 2018
Apr 21, 2018
2018 Career Training For Lawyers - 3 Days To Go
By Legalnaija 9:28 PM
The Creative Industry in Nigeria is one of our greatest exports to the world. The Arts, Entertainment & Recreation Sector contributed 2.3% (NGN239biliion) to Nigeria's Gross Domestic Product (GDP) in 2016.
According to ‘PWC’, the North American sports industry is expected to reach $73.5 billion by 2019 and the Nigerian Sports Industry also has enormous potential as well.
Sexual Assault by Penetration
By Legalnaija 8:53 PM
Section 259 of the Criminal
Law of Lagos State, provides that;
“Any person who penetrates
sexually the anus, vagina, mouth or any other opening in the body of another
person with a part of his body or anything else, without the consent of the
person is guilty of a felony and liable to imprisonment for life.”
7 Times Mfon Usoro Lawyers Female Table Tennis Champion Shares Her Experience, Says Paul Usoro Is A Pathfinder NBA Needs
By Legalnaija 8:38 PM
I have heard people speak about
Paul Usoro SAN as regards his passion to develop the legal profession through
sponsorship of different capacity programmes, some of which challenge the legal
mind, and others are sporting activities which not only challenge the mind and
body, but create relaxation and promote friendship amongst lawyers. I am well positioned to
speak on his involvement in the area of sports, having won the females’ gold
medal and trophy at the MFOM USORO LAWYERS’ TABLE TENNIS CHAMPIONSHIP (An annual
lawyers table tennis competition sponsored by Paul Usoro SAN since 2009) for
seven consecutive times.
Paul Usoro, SAN: A Commitment to the Welfare and Empowerment of Young Lawyers
By Legalnaija 8:32 PM
Everyone that works is deemed worthy of his pay. This is pretty much an accepted fact in various circles; religious; professional and even in the most informal of settings. This much is apparent to young lawyers who seek to make a name for themselves in the legal profession. This is an issue close to the heart of Paul Usoro, SAN.
As a matter of practice and personal conviction, Paul believes in and is committed to youth empowerment, diversity and inclusion. A few life examples: |
COMMUNIQUE OF THE ANNUAL GENERAL MEETING OF THE YOUNG LAWYERS FORUM HELD ON THE 20TH OF APRIL, 2018
By Legalnaija 8:26 PM
COMMUNIQUE OF THE ANNUAL GENERAL MEETING OF THE YOUNG LAWYERS FORUM HELD ON THE 20TH OF APRIL, 2018 AT THE NIGERIAN LAW SCHOOL AUDITORIUM, LAGOS STATE
Preamble:
At the Annual General Meeting of the Young Lawyers’ Forum summoned by the Wada Ahmed Wada led governing council of the Young Lawyers’ Forum slated for 3pm the members of the Young Lawyers’ Forum gathered at the venue and waited for about 2hours. There was no communication from the Executives or any of the members of the Governing Council as to the position of the AGM.
Apr 20, 2018
Advertisements: An Offer Or An Invitation To Treat? | Eseoghene Palmer
By Legalnaija 10:19 AM
“A communication by which a party is invited to make an offer is commonly
called an invitation to treat. It is distinguishable from an offer,
primarily on the ground that it is not made with the intention that it
shall become binding as soon as the person to whom it is addressed simply
communicates (his or her) assent to its terms. A statement is clearly not an
offer if it expressly provided that the person who makes it is not to be bound
merely by the other party’s notification of assent but only when he himself has
signed the document in which the document is contained”- per Oduyemi JCA[1]
(emphasis mine)
Apr 18, 2018
Apr 17, 2018
40 young lawyers shortlisted for 2018 Babalola’s Law Dictionary Quiz competition
By Legalnaija 12:29 PM
In a bid to further deepen the
culture of reading and mastery of legal terminologies, about 40 young lawyers
practicing nationwide have been shortlisted for this year’s edition of the
Babalola’s Law Quiz Competition for young lawyers between 0 and 7 years’ post
call. The competition which would hold at the Onikan Youth Centre, Lagos on Friday,
the 1st day of June 2018 promises to be keenly contested as the
shortlisted young lawyers are drawn from all the states of the federation
including the FCT.
Apr 13, 2018
Apr 11, 2018
Paul Usoro Challenge: A Bold Initiative at Advancing the Pro Bono Culture
By Legalnaija 4:04 AM
Paul Usoro Challenge: A Bold
Initiative at Advancing the Pro Bono Culture Though life was not perfect for
24-year old Jimi Oladapo, at least he managed to get by. A graduate of
Accounting from the University of Benin, Oladapo eked out a living working as a
machine operator in a plastic production factory. After three fruitless years
of job hunting, he was forced to swallow his pride, put away his impressive
university degree and take up his present job. While the job was hardly his
preferred option, it was, at least, a stop-gap measure that guaranteed him
daily bread.
Apr 10, 2018
IP – How to protect your domain name in Nigeria (2) | Davidson Oturu
By Legalnaija 7:13 AM
Registration of a domain name
The
technical management of the domain name system is handled by ICANN. However,
the registration of the TLDs are managed by ICANN accredited Internet registrars.
A company can also confirm the availability of a domain name by searching a
registrar's site or by using a 'WHOIS' search. WHOIS is an internet database
that contains information on domain names, the domain registrars, registrants
and the domain's Administrative and Technical contacts. By performing a WHOIS
search, one can also confirm who registered a domain name and its expiration
date.
IP – How to protect your domain name in Nigeria | Davidson Oturu
By Legalnaija 6:32 AM
What
is a domain name?
Simply
put, a domain name can be considered as the name that a person or business
chooses for his/its website. It is used to identify a registered Internet
Protocol (IP) address which online visitors can use to access a website.
Examples of some domain names are “google.com”, “facebook.com” and
“linkedin.com”.
Apr 7, 2018
Sources of Nigerian Law | Tobi Olatunbi
By Legalnaija 4:32 PM
The essence of this article is to assist the
law student and lawyer to identify how and where to locate information on which
law applies or what the position of the law is in relation to any legal problem
that may confront him. The expression "sources of Nigerian law "
refers to the materials through which a legal practitioner or a court or judge
would find reliable authorities for a particular legal question.
What to Know Before Signing A Guaranty or Surety Agreement | Zaniath Abiri
A guarantee can be defined in legal parlance,
as an undertaking to answer for the payment or performance of another person's
debt or obligation in the event of a default by the person primarily
responsible for it. It most commonly designates a private transaction by means
of which one person, to obtain some trust, confidence or credit for another,
engages to be answerable for him. Put in another way, a guarantee is
a contract to
answer for the payment of some debt, or the performance of some duty by a third person who
is primarily liable for that payment or performance.
Gender Equality In The Nigerian Police? | Zeniath Abiri
By Legalnaija 3:35 PM
Gender discrimination is
prejudice or discrimination based on a person’s gender in circumstances where
the gender difference is irrelevant to a person’s rights, abilities or
performance. Though it may affect any gender, women and girls are the most
commonly affected. The right to freedom from discrimination on the basis of
gender, race, ethnicity, etc, is protected by Section 42 of the Nigerian
Constitution as well as by many international instruments, which Nigeria has
ratified and enacted into law.
OPINION - NIgerians And The 419 Of "Development" | by Ayo Sogunro
By Legalnaija 3:05 PM
Sometime in January this year I was in my
hometown Abeokuta. I was interested in seeing how governance had fared and a
close friend had driven me around the town, showing me the modernisations. New
flyovers decked major intersections, revamped roads gleamed under the sunlight,
and pedestrian bridges brimmed everywhere. It was an impressive makeover.
I
asked my host if Abeokuta residents were satisfied with these improvements. He
replied no. He explained that the state’s health sector was dilapidated. Government
paid little attention to equipping the state hospitals and improving the
primary healthcare system. Healthcare projects still relied heavily on donor
funding. Similarly, the public school system was not exactly a joy to behold.
Human capacity in the civil service remained underdeveloped. Small and medium
scale enterprises creaked under aggressive fees, levies, and taxes.
I had just completed a research stint in
Mauritius, also spending time at their human rights commission studying the
country’s socioeconomic welfare system. Mauritius provides free universal
healthcare and education, free public transportation for students and senior
citizens, unemployment and welfare benefits, and even ‘social aid’ for families
of detainees. Yet, the country’s infrastructural investment has only just
started increasing to improve investment opportunities and tourism. Still,
Mauritius is reasonably more developed than Nigeria.
It
is frustrating that, whether deliberately or ignorantly, Nigerian politicians
conflate infrastructural investments with development. Lagos State, for
example, carried out the mass displacement of Otodo-Gbame residents to
literally pave way for an estate. But international law, binding on Nigeria
under the African Charter
and the core human rights treaties, defines the principles of development. For
instance, in the Endorois Case against
Kenya, the African Commission noted that the right to development requires the
state to ensure that its policies and projects are equitable,
non-discriminatory, participatory, accountable, and transparent, ‘with equity
and choice as important, over-arching themes’. Development has to be focused on
nurturing the people, not just fashioning the state.
Unfortunately,
Nigerian citizens are often misled by the simulated notion of development. Our
governments copy and paste infrastructure, mirroring developed countries, but ignore
the systemic socioeconomic empowerment of the people. We have roads and bridges
without comfortable mass transportation systems, hospitals and schools without
quality equipment and staff, and inaccessible government-funded estates while
majority live under horrible conditions. Ultimately, these investment in
‘things’ put us in debt, transfer our resources to external investors and
contractors, displace communities, are abandoned by new administrations, lack
long-term maintenance and deteriorate, or simply have their funds looted.
And
the majority of Nigerians remain disempowered.
Investing
in human capacity and welfare before building cities should be intuitive logic
for all of us. It is worrisome that it took a Bill Gates to make this a
national conversation (and we have already switched to our favourite hobby:
arguing over contestants in politics, sports and reality television). But while
Gates may have spoken specifically on Buhari’s economic policies, the message
cuts across all of Nigeria’s political history and applies at all levels of
government. Nigeria has to adopt a human rights approach to public expenditure
and investment if it is to cease being a dysfunctional country. This requires
that the allocation of economic resources should answer the question: how does
this expenditure protect, promote and fulfil the rights of the citizens? In
other words, public money should be used only in ways that enhance human
dignity and human rights for all members of society.
For
example, we should buy arms only to demonstrably protect the right to life of
the citizens and not merely to enhance state power or prestige. Similarly,
roads and bridges are not important in themselves, but only to the extent that
they fulfil the right to development of the people. A construction project that
displaces people or creates more hardship in the construction process violates
the right to development.
The
Nigerian Constitution, problematic as it is, also recognises socioeconomic
welfare as the basis of development. It does not mandate the government to
build megacities. Instead, it directs government to provide ‘adequate medical
and health facilities for all persons’, ‘equal pay for equal work without
discrimination’, ‘public assistance in deserving cases or other conditions of
need’, ‘eradicate illiteracy’ and similar objectives.
True, unlike Mauritius where many of these
objectives have been realised, Nigeria has a very large population and
geography. However, this point only takes us again to the issue of
restructuring. Human development is best attained within relatively small
political units. We cannot continue with Nigeria’s highly unwieldy centralised
structure. We will need to devolve governance and return land – and the control
and use of its resources – to organic communities under an evolved local system
of government if we are to truly develop our people.
But
these reforms will disempower our current political class.
For
now, our politicians are more interested in encouraging photographable projects
with high contractual value, scamming us with ersatz development. As a friend
tweeted a few days ago:
‘When our senators speak at the NASS, they
speak from a place of sentiments and hysterics, quote the Bible, Qur’an and
stray far away empirical facts. They do not care about the citizens and they’ll
never care. We the citizens are out of cards to play.’
She
is very right.
Originally published here in my new monthly column for The
Guardian.
Source – Ayosogunro.com
Apr 4, 2018
Apr 3, 2018
Querying The Constitutionality Of Section 300 (3) Of The ACJL Of Delta State | Oliver Omoredia
By Legalnaija 7:56 AM
The
Administration of Criminal Justice Act (ACJA) was signed into law by former president
Goodluck Jonathan in 2015 and has since its enactment revolutionized the
administration of criminal justice in the country. The provisions of the Act
have been largely re-enacted in the Administration of Criminal Justice Law of
Delta State 2017. This write-up
considers the provision of Section 300 (3) of the Administration of Criminal
Justice Law of Delta State and argues its sustainability in the light of constitutional
provisions on the state’s legislative competence to enact same.
Looters List And The Subjudice Rule: The Need To Caution Comments | Oliver Omoredia
By Legalnaija 7:53 AM
The
President Muhammadu Buhari (APC)-led Federal Government on Friday published the names of persons who
under the Goodluck Jonathan (PDP)-led administration had allegedly looted the
treasury of the country. The list which contained six names of high-profile
members of the Peoples Democractic Party (PDP) was published in response to the
taunting the Federal Government by the PDP that it makes true allegations of “looting”
by publishing the names of persons it claims have looted.
Gender Parity: The Paul Usoro Example
By Legalnaija 7:45 AM
In the black continent, where the intellectual prowess of women is yet to be fully acknowledged and accepted as a tool for societal development, only a few members of the male gender openly encourage and support females in the face of hostilities associated with gender imbalance in the society. Paul Usoro, SAN, a distinguished gentleman and one of Nigeria’s finest Lawyers, is one of such supportive males.