The National Youth Service Corps and Data Protection | Nonso Anyasi*

The National Youth Service Corps and Data Protection | Nonso Anyasi*

Good Morning Stephanie, is me okafor Stanley your 2017b copa mate in Oyo
state. Am working with Shell Oil Company in Rivers State branch, call me now 4
details b/cos internal recruitment  is
going on now.”

A colleague of mine who is a
serving as a youth corps member shared the message above to me and narrated how
the sender of the text message was able to provide sensitive information like
her NYSC State Code, platoon, present local government and her place of primary
assignment when she contacted him.  It
became clear to her that some very skilled person talented in the art of cyber
crime had somehow gotten access to her personal details at the NYSC database.

Other friends and colleagues have
reported similar incidences wherein some unscrupulous elements represent
themselves to have been their platoon mates and promise offers of a
mouth-watering offer upon exchange of monetary consideration. Indeed, with the
recent increase in legal education and awareness, only a few Nigerians are
likely to fall for this gimmick.

However, this does not negate the
very alarming issue that the fraudsters were able to get access to very
sensitive information (such as the full names, phone numbers, NYSC State Code,
local government and Place of Primary Assignment) of innocent corps members.
When such happens to only one person, it can be assumed that the fraudster
accidentally came across the singular file of the victim, and decided to
capitalize on this. But, where this happens on a mass scale (as it has
reportedly happened in Lagos, Oyo, and Edo states) it cannot but be assumed
that the fraudster has access to the NYSC database.

Indeed, the National Directorate
and the State Governing Board of the NYSC established by Sections 3 and 6 of
the NYSC Act are responsible for everything that has to do with the collation
and maintenance of data of both corps members and prospective corps members who
have evinced an intention to join the scheme. 
It is regrettable that both the NYSC Act and the NYSC Bye-Law are silent
on the protection of the database of corps members they maintain. 

It is even more painful that
there is no direct legislation on the protection of data/information of
Nigerians held by government/public agencies in the country. Section 37 of the
Constitution of the Federal Republic of Nigeria 1999 (as Amended) has tried its
best to secure the privacy, homes, telephone conversations and telegraphic
communications of Nigerian citizens. However, that constitutional provision is
not penal; neither does it protect the personal data and information of
Nigerian citizens.

Some sensitive sectors of the
economy have attempted to protect the personal data of Nigerians as it relates
to that sector. For example, the Nigerian Communication Commission (NCC) has
the Consumer Code of Practice Regulations 2007 and the Registration of
Telephone Subscribers Regulation 2007 which regulates data obtained by
telecommunications operators in Nigeria and imposes administrative fines
ranging from N200,000 (Two Hundred Thousand Naira) to N1,000,000 (One Million
Naira) in the event of an unauthorized disclosure of information.  These regulations are however industry
specific and relate to only the communications sector.

The National Information
Technology Development Agency came close to prescribing a detailed framework on
protection of personal data of Nigerians with its draft Guidelines which
prescribe the minimum data protection requirements for the collection, storage,
processing, management, operation, and technical controls for information. The
Guidelines attempt to regulate all organizations or persons that control,
collect, store and process personal data of Nigeria residents within and
outside Nigeria for protecting of a specific category of data commonly known as
Personal Data or Object Identifiable Information (OII).The Guidelines are to
apply to only to federal, state, and local government agencies and institutions
as well as private-sector organizations that own, use, or deploy information
systems of the Federal Republic of Nigeria.[i] The
Directorate and the State Governing Board of the NYSC therefore falls under the
purview of the Guidelines, but it remains very sad that the Guidelines which have
remained a draft since 2013 are still currently undergoing review.

It is proposed that penal
provisions be incorporated into the Guidelines which should in turn be proposed
as a Bill for the National assembly to legislate on. In other advanced climes,
unauthorized access to personal data is taken very seriously and treated as an
offence. It is time Nigeria gravitates away from mere constitutional theorems
to adopt a more pragmatic approach for the protection of sensitive personal
data of Nigerians. This will no doubt have a corresponding decrement in the
rate of cyber crime which is often times facilitated by access to such personal
data.



*
Nonso Anyasi is an Associate at Charles Mekwunye
& Co. He has keen interests in intellectual property and ICT law and
practice. He is also the Vice-President of the Legal
Watchmen
.
[i] Data and
Privacy Laws in Nigeria by David Oluranti accessed via http://nigerianlawtoday.com/data-privacy-laws-nigeria/
on 17/09/2018.

IP ABC: Comedy—Are jokes not eligible for copyright protection? | Infusion Lawyers

IP ABC: Comedy—Are jokes not eligible for copyright protection? | Infusion Lawyers

Question

My name is Akekuna aka MC AK-NA. I recently performed at
‘Reverberations of Laughter’, a comedy show in Warri. After what was a
rib-cracking experience by the audience, Comedy360, one of Warri’s biggest
comedy studios, offered me a production contract. After over 4 months of studio
work, we finally produced an audio version titled ‘MC AK-NA Laughlaff Season
1’. Few months after releasing season 1, it became a blockbuster. But one
opportunist who calls himself Laff MC has come up with ‘Laugh of Laughlaff’ in
audio CD. It contains most of my jokes. I didn’t find this funny. As soon as I
got Laff MC’s contacts, I told him he has infringed on my copyright. But he
denied it, claiming that there was nothing like copyright over jokes. Are jokes
not eligible for copyright protection?

Answer

The answer is NO, jokes are eligible for copyright protection
as long as they meet the conditions for copyright protection under the
copyright law. Laff MC’s publication and sale of ‘Laugh of Laughlaff’
containing the same jokes as yours amount to separate acts of copyright
infringement, if ‘MC AK-NA Laughlaff Season 1’ meets the requirement of
copyright protection.

To enjoy copyright protection, a work must be eligible for it. Also, sufficient
effort
must have been expended on making the work to give it an original
character
and it must have been fixed in any definite medium of
expression
. This is in accordance with section 1(1) and (2) of the Nigerian
Copyright Act.

Works of comedy are jokes and sketches usually in form of amusing stories,
thus amounting to literary works eligible for copyright protection.

Because works of comedy are often treated—albeit erroneously—as works in the
public domain right from the moment they are created, a definition of comedy is
vital. According to the Oxford Dictionary, comedy, in this context, is
“professional entertainment consisting of jokes and sketches, intended
to make an audience laugh.” These jokes and sketches are usually in form
of amusing stories. It is a special type of performance which requires the
comedian to entertain his or her audience by telling jokes that evoke laughter.
These jokes could be in form of amusing stories in relation to current events
or situations considered to be amusing. Comedy is an art that entails “acting, speech
dynamics, artful timing and public speaking
”.

A comedy is a literary work. As defined in section 39 of the Nigerian Copyright
Act, a ‘literary work’ includes “novels, stories, and poetic works”
or “works similar thereto”. Since comedies typically contain stories
or similar works, they are literary works. And irrespective of literary
quality, they are protected by copyright.

Does MC AK-NA’s work meet the requirement of sufficient effort?

For a work of comedy to enjoy copyright protection, section 1(2)(a) of the
Nigerian Copyright Act requires that “sufficient effort has been expended
on making the work to give it an original character”. ‘Sufficient effort’
here is in relation to the labour, resources, and skill the author deployed in
the making of a work.

Apart from MC AK-NA’s artistic labour and skill, he has also worked with
Comedy360, to produce, market, and distribute the audio CD of the work, after
“over 4 months of studio work.” These are of considerable economic value
and should meet the requirement of sufficient effort.

But does the sufficient effort expended give the work original character?

Sufficient effort is not an end in itself but a means to an end—originality.

Therefore, to determine if ‘MC AK-NA Laughlaff Season 1’ enjoys copyright
protection, each joke that is published in the CD must be assessed to determine
whether MC AK-NA has expended sufficient effort on making the work to give each
joke in the CD an original character.

If the jokes or substantial part of any of the jokes in the CD are original, it
enjoys copyright protection, subject to the fulfillment of other conditions for
protection.

But if otherwise, it does not enjoy copyright protection, and consequently,
Laff MC or any other ‘opportunist’ can tell the same jokes, as many comedians
often do. This is often the case with most jokes out there.

How about the requirement of ‘fixation’, a copyright term which means
reduction of an idea into a fixed medium of expression?

Regarding fixation, this requirement is met as long as the allegedly infringed
jokes had been “fixed in any definite medium of expression now known or
later to be developed, from which it can be perceived, reproduced or otherwise
communicated either directly or with the aid of any machine or device.”
This essentially means that in order for a work to enjoy copyright protection,
it must be in a permanent form that is likely to be “reproduced or communicated
for a period of more than transitory duration” for example a book, DVD, audio
CD (like that of MC AK-NA), or other digital media. These media record the
jokes in some tangible form that moves a work from idea to expression for
copyright purposes.

Since ‘MC AK-NA Laughlaff Season 1’ has been published in audio CD, this meets
the definite-medium-of-expression requirement.

If the 3 requirements above are determined in favour of MC AK-NA, Laff MC is
liable for copyright infringement.

By virtue of section 15(1)(a) of the Nigerian Copyright Act, “[c]opyright is
infringed by any person who without the licence or authorisation of the owner
of the copyright (a) does, or cause [sic] any other person to do an act, the
doing of which is controlled by copyright.” Acts such as distribution,
exhibition, importation, performance, and production are controlled by
copyright.

To boost the chances of proving copyright infringement, comedians may consider
the Nigerian Copyright Commission’s (NCC) copyright-notification system. This
ensures that proving copyright ownership of original jokes is less difficult.

In Nigeria, the literary quality of a literary work is immaterial for the
purpose of copyright protection
.

Literary quality of jokes and sketches that make up works of comedy does not
determine copyright protection in Nigeria. What matters is that the comedian
has given each joke original character which shows he or she must have expended
sufficient effort in creating them.

In some other jurisdictions, a minimal degree of creativity is required.

Apart from copyright infringement, consider trademark issues.

If you have registered ‘MC AK-NA Laughlaff’ or ‘Laughlaff’ as your trademark,
you may consider suing for trademark infringement.

If not, you will have to rely on a passing off action. Since ‘MC AK-NA
Laughlaff Season 1’ has become so popular and Laff MC’s ‘Laugh of Laughlaff’ is
obviously trying to take advantage of the confusing similarity between both
titles, this is a strong case for passing off.

For professional advice and assistance, contact an IP lawyer or law firm.
 

Best wishes
IP ABC

Follow-up questions, if any, are welcomed.

Skye Bank’s Corporate Governance Failures; Bridge Bank Solutions |  Eseoghene Palmer Esq.

Skye Bank’s Corporate Governance Failures; Bridge Bank Solutions | Eseoghene Palmer Esq.

On the 21st of
September, 2018 it was announced that the banking license of Skye Bank Plc has
been revoked by the regulatory institution, the Central Bank of Nigeria (CBN).
This action spurns from the long term indebtedness of Skye Bank, its permanent
presence at the debt margin on the CBN index reports and the near prophetic
collapse of the finance house in absence of continuous hand-out’s from the CBN.

Revocation of licenses by
the CBN are in line with the CBN regulations and the Bank and Other Financial
Institutions Act 1991 (BOFIA), section 12 of the BOFIA states succinctly that:

“The Governor may, with the approval of
the Board of Directors and by

notice published in the Gazette, revoke
any license granted under this Act

if a bank-

a) ceases to carry on in Nigeria the
type of banking business for which

the license was issued for any
continuous period of 6 months or any

period aggregating 6 months during a
continuous period of 12

months;

(b) goes into liquidation or is wound-up
or otherwise dissolved;

(c) fails to fulfil or comply with any
condition subject to which the

license was granted;

(d) has insufficient assets to meet
its liabilities
;

(e) fails to comply with any
obligation imposed upon it by or under this

Act or the Central Bank of Nigeria Act.”

According to the CBN the
decision to revoke the license of Skye Bank was after examinations and forensic
audit of the bank, in line with Section 33 BOFIA, which revealed the
shareholder’s failure to recapitalize the bank in light of its considerable
liabilities. Essentially, the focus of the action from CBN was to save
depositors funds and to ensure that the company continues to be a ‘going
concern’. Additionally, a compulsory winding up and liquidation of the company
shall inescapably lead to a massive loss in jobs and a downturn effect in the
labor market.

It is important to relay
section 33 of the act for clearer understanding:

The Governor shall
have power to order a special examination or
investigation of the books and affairs
of a bank where he is satisfied that
:

a) it is in the public interest so to do; or

(b) the bank has been carrying
on its business in a manner detrimental to

the interest of its depositors and creditors; or

(c) the bank has “insufficient” assets to cover its
liabilities to the public;

or

(d) the bank has been contravening the provisions of this
Act; or

(e) an application is made therefore by:

i) a director or shareholder of the bank: or

(ii) a depositor or creditor of the bank:

Provided that in the case of paragraph (e) of this
subsection, the Governor may not order a special examination or investigation
of the books and affairs of a bank if he is satisfied that it is not necessary
to do so.”

Bridge banking is a solution
adopted by the CBN to tackle this Skye Bank-Saga. A bridge bank, simply put, is
a bank appointed by a regulatory institution to hold the assets and liabilities
of another bank (which is usually at a deregulated and insolvent state) for the
purpose of cushioning the effect of liquidation and dissolution of the failed
bank. A bridge bank is charged with the function of maintaining the operations
of the defunct bank until such bank is solvent or acquired by another company
licensed for banking or other financial activities. Essentially, the ultimate
job of a bridge bank is to provide seamless transition from an insolvent state
to continued banking operations to successful acquisition. It is a temporary
setup and one insured by a ‘deposit insurance’ organization or regulator in
order to avoid system risks.

Polaris Bank, being a newly
licensed bank, was appointed by the CBN to act as bridge bank with insurance
backing from the Nigerian Deposit Insurance Commission (NDIC). In this
temporary take-over, a fresh N786 billion soft and long term loan has been
injected to give Polaris fine underpinning, with a single digit interest rate. This
is in an attempt to cushion the effect of the take-over, especially as Polaris
in itself is not a buoyant financial institution to speak of. It must be
understood that the NDIC is an establishment, by virtue of the NDIC Act 2006,
which is responsible for insuring all deposit-taking financial institutions
operating in Nigeria and assisting monetary authorities in formulating and
implementing banking policy to guarantee sound banking practice and fair
competition among financial institutions in Nigeria.

The CBN’s frantic steps to
regulate the banking sector by lifting the weights off tired and mismanaged
hands of the now defunct Skye Bank is quite laudable. More so, its actions have
so far tallied with the stipulations of the Banking act. For example, section
36 BOFIA Act makes a provision for risk management through the NDIC, upon the
failure of a bank.

“…the Bank may turn
over the control and management of such bank to the Nigeria Deposit Insurance
Corporation (hereinafter in this Act referred to as “the Corporation:) on such
terms and conditions as the Bank may stipulate from time to time”

Conclusively, the rescue
mission embarked upon by the CBN in partnership with the NDIC is a worthy and
important move by the regulatory bank. For what it’s worth, it has forestalled
a huge anomaly in the Nigerian banking sector and history, and by invoking its
power to promote a sound financial system and standard practice. it has saved
many lives, investments and jobs.

Eseoghene
Palmer Esq is an associate with Adedunmade Onibokun & Co. He has cultivated
interest in Corporate Law, Banking and securities, Real Estate, Intellectual
Property, Sports, Entertainment law and Mediation.


Photo Credit – www.vanguard.com 

Humility, A Noble Mark Of Senior Advocates Of Nigeria

Humility, A Noble Mark Of Senior Advocates Of Nigeria

I
once remember sitting in the Federal High Court, Abuja waiting for the court to
sit about 5 years ago. Naturally, I had arrived early and chosen to sit on the
2nd row of  benches set aside
for members of the bar. I intentionally stayed away from the 1st row
since it was customarily reserved for members of the inner bar and I was not
sure if any Silks will be coming to court on that day.

As
the court began to fill up and others began to take seats around me, I noticed
a young lawyer sit right in the inner bar but paid him no attention. However,
several minutes later, a popular Senior Advocate also came into the court and
sat in the inner bar. Several more minutes passed and the younger lawyer who
was not a Silk did not do the needful and I could see the Senior Advocate begin
to pay attention to this young lawyer. Before long, the following conversation
ensued between them;

Learned Silk: – Barrister, how are you?

Young Lawyer: – Fine Sir

Learned Silk: – How many years at the
bar are you?

Younger Lawyer: – 10 years

At
this point, several other lawyers had begun to listen to the conversation, most
of us already knew the direction in which the conversation was going except for
the younger lawyer, who had not realized what was going on.

Learned Silk – You mean you are 10 years
at the Bar and you don’t know what to do?

Younger Lawyer – Now looking lost

Learned Silk – Are you really 10 years
at the Bar and you cannot do the needful.

Other
lawyers noticing the younger lawyer’s confusion and the rising tone of the
Learned Silk’s voice immediately called on the lawyer to leave his sit and come
join the rest of us at the back.

What
the younger lawyer failed to realize at that point is that the first row in
court is always reserved for the Senior Advocates and any other lawyer may only
sit there if there are no senior advocates in court or upon the express
invitation of the Learned Silk who occupies the first row or the Judge. Most times,
SANs would invite other lawyers to share the inner bar, especially when the
court was full and there were hardly any seats left for other lawyers.  On the other hand, there are a number of
Senior Advocates who would not share the inner bar with other lawyers who have
not attained the status and priviledge.

The
speech by the NBA President, Paul Usoro SAN at the conferment of the rank on
senior advocate of Nigeria on newly appointed silks at the Supreme Court on 24th
September, 2018, reminded me of my experience at the Federal High Court. The
Learned Silk and NBA President was addressing the new SANs on the need for
humility within the inner bar when he stated –

“​You were obviously chosen from the
large number of applicants based on your outstanding qualities of, inter alia,
intellectual fecundity, hard work, diligence, unparalleled advocacy skills,
sense of purpose, consistency, integrity and not least, humility. I include
“humility” amongst the qualifying attributes because, sometimes, our
colleagues of the Inner Bar tend to forget that the rank of SAN is best worn
with and in humility.  Humility, in general terms, exalts the
person.  In specific terms, humility stands out and elevates a Senior
Advocate of Nigeria – to wit, humility to the Courts, humility towards your
colleagues of the Inner and Outer Bars, humility towards your clients and
indeed humility towards members of the public. 

It is the humility in you that would
order and oil your words and speeches in a way that makes them soothing and
respectful; it is the humility in you that would permit you to share your
deserved front-row seats with members of the Outer Bar who are not entitled to
the front-row seats as of right when you are in court but who are unfortunately
consigned to stand in a crowded and sometimes, stuffy courtroom and wait while
you conduct your case because all the seats to which they are entitled are
already occupied. Humility! That is actually the hallmark of great men and
you must not forget that fact while adorning your SAN rank.”

I
also look forward to becoming a member of the inner bar someday in my legal
career and when I do, I would not forget the words of the NBA President where
he says “Humility! That is actually the hallmark of great men and you must not
forget that fact while adorning your SAN rank
”.

Adedunmade
Onibokun

Principal
Partner

Paul Usoro SAN Leads The Bar To Mark Beginning Of  2018/2019 Legal Year And Conferment Of SAN

Paul Usoro SAN Leads The Bar To Mark Beginning Of 2018/2019 Legal Year And Conferment Of SAN

ADDRESS BY PAUL USORO, SAN FCIArb, PRESIDENT, NIGERIAN BAR ASSOCIATION AT THE SPECIAL SESSION OF THE SUPREME COURT TO MARK THE BEGINNING OF THE NEW LEGAL YEAR/ CONFERMENT OF THE RANK OF SENIOR ADVOCATE OF NIGERIA ON 24 SEPTEMBER 2018

Protocols
1.​It gives me great pleasure, on behalf of the Nigerian Bar Association, to welcome Your Lordships from a well-deserved long vacation and to felicitate with My Lords upon the commencement of the 2018/2019 Legal Year, marked by today’s ceremony.  Knowing how full and packed Your Lordships’ dockets traditionally are, coupled with the weighty responsibilities that rest on Your Lordships’ shoulders to dispense justice to all manner of men without fear or favor, as the court of last resort in the land, Your Lordships deserve all the rest period that we can afford.

Indeed, Your Lordships deserve, not just the rest period but the deep and sincere appreciation of the Bar and all Nigerians for the diligence and punctiliousness with which Your Lordships attend to all matters brought before the Supreme Court and/or ancillary thereto.  We would presently return to the issues of Your Lordships’ New Legal Year.  For now, permit me, My Lords, to touch on the second aspect of today’s ceremony and event.

2.​Traditionally, the Supreme Court’s New Legal Year ceremony is always a double-barreled event. Not only do we celebrate the New Legal Year, the event is always made more colorful and celebratory with and by the preferment of the ranks of Senior Advocates of Nigeria on newly elevated members of the Inner Bar.  Today is no exception; 30 new members have been inducted into the ranks by My Lord, the Chief Justice of Nigeria, Honourable Mr. Justice Walter S N Onnoghen, GCON.  On behalf of the Nigerian Bar Association, I congratulate these new leaders of the Bar who have been found worthy by their superiors and peers, represented by the Legal Practitioners’ Privileges Committee (“LPPC”), of wearing the coveted ranks of Senior Advocates of Nigeria. 

 

3.​You were obviously chosen from the large number of applicants based on your outstanding qualities of, inter alia, intellectual fecundity, hard work, diligence, unparalleled advocacy skills, sense of purpose, consistency, integrity and not least, humility. I include “humility” amongst the qualifying attributes because, sometimes, our colleagues of the Inner Bar tend to forget that the rank of SAN is best worn with and in humility.  Humility, in general terms, exalts the person.  In specific terms, humility stands out and elevates a Senior Advocate of Nigeria – to wit, humility to the Courts, humility towards your colleagues of the Inner and Outer Bars, humility towards your clients and indeed humility towards members of the public.  It is the humility in you that would order and oil your words and speeches in a way that makes them soothing and respectful; it is the humility in you that would permit you to share your deserved front-row seats with members of the Outer Bar who are not entitled to the front-row seats as of right when you are in court but who are unfortunately consigned to stand in a crowded and sometimes, stuffy courtroom and wait while you conduct your case because all the seats to which they are entitled are already occupied.  Humility! That is actually the hallmark of great men and you must not forget that fact while adorning your SAN rank.

4.​In that regard, it bears emphasizing that the privilege of adorning the SAN rank, like any other privilege or rank, comes with enormous responsibilities – to wit, responsibilities to all the stakeholders that I had earlier enumerated and indeed responsibilities to the society at large. You are no more ordinary persons or citizens of Nigeria or lawyers; you are the leading lights of the profession, leaders of the Nigerian Bar and leaders of thought in society.  You are now role models to millions of our youth and torch bearers for the Nigerian Bar Association.  Your words must consequentially be measured and weighted.  In these days of prevalent social media communication, your contributions thereat must represent your rank and status as elders and leaders, notwithstanding and irrespective of your biological ages.  I must, at this point, commend the Body of Senior Advocates of Nigeria (“BOSAN”) for organizing the first ever Induction Program for the newly elevated Senior Advocates of Nigeria.  For completeness, I must thank the Chief Justice of Nigeria, My Lord, the Honorable Mr. Justice Walter S N Onnoghen, GCON, for coming up with the idea of the program and challenging BOSAN to implement same.  I was privileged to attend the program that was held in Lagos on 13 September 2018 and I found it very useful and instructive on the “dos” and “don’ts” that are attendant upon your elevation as SANs. It is my hope that the Induction Program, the rich contents of which I expect should still be fresh in your minds and memories, would be sustained by BOSAN in the coming years and indeed turned into a refresher program even for older SANs.
5.​Just before leaving the newly inducted members of the Inner Bar, permit me, My Lords, to adumbrate slightly on one or two of the responsibilities that now rest on them.  The first is their respective responsibilities to the Courts and the administration of justice. A few of our colleagues, sadly, see their elevation as license to be rude not only to their colleagues but also to Judges and the Courts; they also believe that it is a carte blanche for them to engage in court and litigation practices that are less than salutary.  For those who engage in those practices, it bears pointing out that the privilege of wearing the rank is not unconditional; it is indeed conditional and is anchored on the continued good behavior of the SAN.  As you are all aware, the rank could be suspended and/or withdrawn on account of bad behavior or professional misconduct.  We have all seen this happen in recent times. For the avoidance of doubt, the right of the LPPC to suspend and/or withdraw the rank is incorporated into the Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria, 2018 as may be reviewed and revised by the LPPC from time to time.  If you are one of those persons who may be tempted to indulge in bad behavior after your elevation today, I respectfully admonish you to go back and very carefully read and assimilate the recently published Guidelines and (a) note in particular the fact that it is the prerogative of the LPPC to withdraw and/or suspend the rank for bad behavior; and (b) also note the arduous, tedious and extremely difficult process for restoration of the rank upon its suspension and/or withdrawal; and (c) finally note that, even with the fulfilment of the grueling, taxing and draining conditionalities, the restoration of the rank, once withdrawn and/or suspended, is not guaranteed howsoever.  The NBA does not wish any such misfortune on any of you or indeed on any other member of the Inner Bar and you must not wish it on yourself either.
6.​The second responsibility that we must highlight is your responsibility to your colleagues of the Outer Bar and in particular the army of young lawyers whom you need to employ and train.  The SAN rank elevates you to the position of role models and mentors and indeed trainers of the coming generation of lawyers.  It must therefore not be heard of you that you do not pay your younger colleagues well or that you do not treat them fairly.  As leaders, the younger members of the Bar and indeed all members of the Outer Bar look up to you for exemplary conduct; they look up to you for standards not only in comportment, advocacy and writing skills, spoken words, integrity, empathy, humility and other personal attributes but also in compensation packages to your junior colleagues and personnel.  Do not forget, they need to be decently turned out to represent the profession well, they need to have a compensation package that takes them home, they need to feel your empathy through your compensation package to them.  You fail in your role of training others and setting standards when you do not even have junior colleagues working with you in your Chambers and, worse, even where you do have such junior colleagues in your Practice, you do not compensate them well. Talking about mentorship, it is impossible for you to mentor younger colleagues whom you ill-treat by not remunerating and/or compensating them well.  It is of course correct that you may not lose your SAN rank on the basis of poor compensation of your junior colleagues, but you lose respect and dignity thereby and a Senior Advocate of Nigeria without dignity and without the respect of his colleagues – to wit, seniors, peers and/or juniors – is not worthy or deserving of the rank. In sum, the NBA again congratulates all of you for the honor that is done to you today and for making the mark as Senior Advocates of Nigeria.  We wish you all of life’s successes believing that you will wear the rank at all times with distinction and panache.
7.​Permit me, My Lords, to return to the subject of Your Lordships’ 2018/2019 Legal Year – a Legal Year that coincides with our National Election Year.  The precursor to those National Elections is, in some sense, the Osun State Governorship Election that was conducted on Saturday, 22 September 2018 – just last weekend.  Not unexpected, matters relating to that election would sooner than later wound their way to Your Lordships’ court.  Election related matters are always contentious and, in our climes, are considered and treated by politicians and the polity as matters of life and death.  With that mindset and too often, these matters, even when there is no proof of any wrongdoing, are used by politicians to unfairly malign and besmirch judicial officers, including Your Lordships. The Bar has always deplored and continues to deprecate these ill-conceived political strategies and tactics.  The temple of justice must not be sullied or degraded by and with unproven, often malicious and baseless allegations and innuendoes.  The characters of Your Lordships must not be unjustly and unjustifiably tainted by and with such groundless and ill-motivated attacks.  As we always point out, such unjustified denigration of Your Lordships amount to a degradation of the rule of law and the Bar will not and cannot stand idly by while such destruction occurs.  
8.​It behooves us indeed to point out to everyone that Your Lordships’ pronouncements in some of these contentious and extremely difficult political appeals have in no small way worked to maintain the peace and cement the unity and indivisibility of Nigeria, our great country.  Riots, unrests and political chaos in different parts of our Federation have been averted consequent upon Your Lordships’ decisions and pronouncements in some of these matters.  These are very weighty responsibilities and functions which Your Lordships continue to carry out and fulfill selflessly and without any self-adulation or self-exaltation. As a nation, Nigeria and its people owe much to Your Lordships and indeed the entire Nigerian judiciary. That said, it also behooves us to most humbly and respectfully point out that the Bar and indeed the Nigerian nation expect Your Lordships to maintain, in the coming National Election season, the standards of decorum, professionalism, discipline and integrity that have always been the hallmark of Your Lordships and also ensure that those standards percolate to and are fully and strictly replicated by Their Lordships of the lower courts.  Any judicial officer that is found wanting in that regard, we respectfully posit, must be swiftly and decisively punished and routed out from the pack of judicial officers.
9.​Election-related appeals will, of course, not be all that will fill Your Lordships’ dockets in this New Legal Year.  There is still a huge backlog of appeals, mostly civil appeals, that are pending before Your Lordships.  We note with deep appreciation, Your Lordships’ efforts, notably in the last Legal Year, to clear the deck of these backlog of matters.  But then, the pile still remains.  We know that there are still appeals pending before Your Lordships that were filed in 2003, 2004, 2005, 2006 – appeals that remain outstanding for more than 10 years. When this time-span is added to the timespan that it takes for the appeals to journey from courts of first instance to Your Lordships, then the delays in our judicial process becomes quite pronounced, frightening and discouraging not only to litigants but also to the Bar and other stakeholders in the justice administration sub-sector.  These delays clearly impact on access to justice – a critical component or feature of the rule of law.  The Bar will not pretend to have immediate or even complete remediation steps or answers to these issues, but we pledge our willingness to join hands with Your Lordships in working towards finding sustainable remediation measures that would resolve the challenge of speedy dispensation of justice by Your Lordships.  This is an issue that, the NBA, with the greatest respect and in all humility, would be following up on with Your Lordships.
10.​This Address will not be complete without our respectfully commending Your Lordships for the strides that have been attained in making the Supreme Court ICT-compliant.  Your Lordships, under the focused leadership of My Lord, the Chief Justice of Nigeria, Honorable Mr. Justice Walter S N Onnoghen, GCON, have indeed set the pace in this regard.  But, of course, we are not yet at or even close to the ICT mountain top; the journey has only just commenced, and perseverance and consistency must be Your Lordships’ watchwords.  We also encourage all NBA members to subscribe to the Supreme Court Legal Mail system in order to facilitate and fast-track the Court’s communication system and e-filing procedures. The electronic recording system which, we understand, is already functional here at the Supreme Court needs to be replicated and made pervasive in all the lower courts, not least, at the courts of trial where evidence and proceedings are still hand-recorded by the Judges thereby occasioning great delays in justice dispensation and administration.  The NBA would be privileged and happy to partner with Your Lordships and indeed the Nigerian Judiciary in achieving these defining and landmark milestones.  
11.​In conclusion, we once again wish Your Lordships the very best of and in the 2018/2019 Legal Year.  The Bar will work assiduously with Your Lordships, in this New Legal Year and beyond, as always, to smoothen and ease Your Lordships’ workloads in ensuring that justice is dispensed to all manner of men without fear or favor.  As ministers in the temple of justice, members of the Bar, as a collective, will continue to work with Your Lordships in edifying and protecting the temple of justice while promoting and defending the rule of law in all its ramifications.  We wish Your Lordships good health, good humor, Divine Guidance and Divine Wisdom in the 2018/2019 Legal Year as well as in all the decisions that Your Lordship will or may reach.  Finally, and once again, we congratulate our newly elevated Silks and wish them the very best that the profession can and will offer.
Paul Usoro, SAN FCIArb
President
Nigerian Bar Association
Why Nigeria Needs The Electronics Transactions Bill | Legalnaija

Why Nigeria Needs The Electronics Transactions Bill | Legalnaija

The Electronics Transactions Bill upon
assent by President Buhari, will be a
n Act to facilitate the use of information
in electronic form for conducting transactions in Nigeria. Furthermore, the
Bill seeks to provide a legal and regulatory framework for:  (a) conducting transactions using electronic
or related media; (b) the protection of the rights of consumers and other
parties in electronic transactions and services;  (c) the protection of personal data; and  (d) facilitating electronic commerce in
Nigeria.

Though the National Assembly passed
the Bill in 2017, it is yet to be signed into law by Nigeria’s President Buhari
due to what has been described as drafting issues, despite calls by industry
experts such as the Chattered Institute Of Bankers (CIBN) and the
Cyber Security Expert Association of Nigeria
(CSEAN)
.

The e-Commerce market in Nigeria is worth around
$13 billion; according to a report by London based Economist Intelligence Unit
(EIU). Experts in the Nigerian financial service sector have also estimated
that Nigeria’s e-commerce market value could rise to $50 billion
(N15.45trillion) over the next 10 years. Recently, the National Bureau of
Statistics (NBS) predicted that the e-commerce sector is expected to contribute
about 10 per cent, of a projected N10trillion, to the nation’s Gross Domestic Product
(GDP) by 2018[i].
However, as e-commerce opportunities expand in Nigeria, so does the risk to
unsuspecting users and customers. Hence the need for the immediate signing of
the Electronics Transactions Bill by President Buhari.

Some of the notable provisions of the Bill
include Section 2, which provides that the Act shall apply to the use of all information
in the form of electronic or other media. Subsection (2), also lists certain
exceptions that come under the purview and jurisdiction of the Act, which
include   

(a)
the creation or execution of a will;

(b)
the execution of negotiable instruments;

(c)
the creation, performance or enforcement of an indenture, declaration of trust
or power of attorney with the exception of constructive and resulting trusts;

 (d) any contract for the sale or other
disposition of immovable property, or any interest in such property; 

(e)
the conveyance of immovable property or the transfer of any interest in
immovable property; 

(f)
documents of title for movable or immovable property; and

(g)
where such application would involve a construction of a rule of law that is
clearly inconsistent with the manifest intent of the lawmaking body or
repugnant to the context of the same rule of law:  Provided that the mere requirement that
information be in writing, written or “printed” shall not by itself be
sufficient to establish such intent
. 

The Bill also provides that notwithstanding
anything in the Stamp Duty Act, in relation to this Act, documents whose media
are not paper, shall be liable to stamp duties as may be prescribed by the
appropriate regulatory body and it shall be lawful to transmit and send
documents as defined in the Act.   

Other important provisions of the Bill includes clauses,
which provide for application and scope of electronic records, as well as the
validity, administration and certification of electronics signatures.
Particularly, Section 11 of the Act provides that –

“Where the signature of a person is required, that requirement is met
in relation to an electronic communication if:

 (a) any method is used to
identify the person and to indicate the person’s approval of the information
communicated; 

(b) having regard to all the relevant circumstances at the time the
method was used, the method was as reliable as was appropriate for the purposes
for which the information was communicated; and 

(c) the person to whom the signature is required to be given consents
to that requirement being met by way of the use of the method mentioned in
paragraph (a)”.
 

A novel introduction of the Bill is
also its provision for the validity of electronic contracts as seen in Part IV
of the Bill. As well the provisions of Part VI which provide for consumer
protection. 
According
to the
Senate President, Dr. Abubakar Bukola Saraki, there is need to
validate e-commerce transactions as fraudulent activities online, commercial
disputes arising from sale and delivery; and other undesirable outcomes are on
the rise. In the 44-page report, the Senate President stressed
that an estimated 60 per cent of micro and small businesses advertise and sell
their wares online, either through their own sites or using social media.
“This has also opened up a floodgate of fraudulent activity online, commercial
disputes arising from sale and delivery; and other undesirable outcomes.

Also, he
said, large businesses have also taken advantage of the ease offered by
technology to conduct and transact their official businesses online. “Contracts
and agreements are being concluded without parties being physically present.
But conversely, extant laws provide inadequate protection for e-commerce
businesses and consumers,” he declared[ii].

From the
above, it is crucial that President Buhari signs the Electronics Transactions
Bill into Law as it will bring sanity and protection to Nigerians and investors
who carry on business through electronic transactions.

You may download a copy of the Bill here.  

Legalnaija 
Learn & Share 
www.legalnaija.com 
@Legalnaija 

Photo Credit – Abbakin


[i] Abbakin.
(2018). The Nigeria Online Ecommerce Market Size and Trends. Available:
https://abbakin.com/nigeria-online-ecommerce-market-size/. Last accessed 22nd
September, 2018.
[ii] ITRealms. (2018 ). Why NASS
passed Electronic Transactions Bill – Saraki – ITREALMS.

Available: https://www.itrealms.com.ng/2018/08/why-nass-passed-electronic-transactions.html.
Last accessed 22nd September, 2018.

The NBA Osun State Election Monitoring Team Is Very Knowledgeable And Articulate | Paul Usoro SAN

The NBA Osun State Election Monitoring Team Is Very Knowledgeable And Articulate | Paul Usoro SAN

Osun state is currently in the process of electing a new governor at the #OsunDecides2018 and It’s great to see the NBA playing an active role in election monitoring and governance. 
The NBA President, Paul Usoro SAN has described the NBA representatives as very 
knowledgeable and articulate. Certainly all members of the Bar and Bench are proud of them to.  

The NBA President stated in his official statement that – 
“I’ve just finished proudly watching our Osun State Governorship Election Monitoring Team Chairman, Tawo Tawo, SAN & member, Abibat on AIT right now. Very articulate, very knowledgeable & representing us so well. 
I am following the Team’s activities real time & I’m fully satisfied with their work so far. Very proud of the entire Team. Without doubt, we have great men & women in the NBA. 
I thank & commend the entire Team for their devotion & selfless service on our behalf. God bless the NBA. God bless us all.” 
– Paul Usoro SAN 

#PuttingYouFirst #paulusoroconnect #PaulUsoroSAN #nbapresident #nigerianbarassociation #blawg #legalnaija
The Mfon Usoro Lawyers Table Tennis Championship is back

The Mfon Usoro Lawyers Table Tennis Championship is back

The Mfon Usoro Table Tennis Championship For Lawyers is back 😃🏅 The 2018 finals of Lawyers Table open (Mfon Usoro)cup will hold on Saturday 27th of October at the National Stadium, Surulere, Lagos. Training will continue tomorrow at the facility of the Nigerian Table Tennis Federation, at the National stadium in Lagos and in all other parts of the country.
       
The hall will be opened specifically for lawyers from 8am every Saturday for training and shall continue to be opened every Saturday until the preliminaries begin in mid October. Lawyers  are expected to come for the training with their Rackets(bats) and balls.

The following number should be contacted as when you arrive National Stadium for training-08034543700,07082280202.

The 2018 event will be the 10th anniversary of the event . Also Lawyers outside of Lagos are encouraged to register for the Tournament. They can train where they reside but are expected to arrive Lagos for the finals on 27 October 2018.
ICT Vital Tool For Good Governance & Administration Of Justice | Paul Usoro SAN

ICT Vital Tool For Good Governance & Administration Of Justice | Paul Usoro SAN

Paper delivered by NBA President,  Paul Usoro SAN on Information and Communication Technology and Administration of Criminal Justice in Nigeria – Prospects, Development and Challenges, at the 2018 Federal High Court Annual Judges Conference today 20 September 2018.

Information and Communication Technology (“ICT”) has positively impacted all spheres of modern life, increasing efficiency and the delivery of high-quality services
Globally, ICT has become a vital tool for growing sustainable economies, good governance, and administration of justice.

The Nigerian justice system, among other challenges, is marred with avoidable delays in the dispensation of justice. ICT is replete with new opportunities to improve the Nigerian justice system, particularly in proffering solutions to the issue of delay associated with traditional methods of justice delivery
ICT in the administration of justice helps to improve efficiency. For example, through adopting an electronic case filing and management system; transcribing equipment to record court proceedings; the use of Digital Evidence Presentation System etc


It helps in the Efficiency of Key professionals: The ease of access to online databases (such as legislations, case laws, articles, law offices, lawyers etc.) allows for a more efficient and speedy legal research, as against poring through voluminous paper materials.

It helps in the Ease of Access to Justice and Transparency • ICT could be used as a tool to promote public access to relevant information, such as court procedures and judgments, case reviews and law reports, amendment to legislations etc.  Adopting ICT in sensitizing the public of their rights and means to address any breach of same. For example publishing such via social media outlets, SMS alerts, blogs etc.

It helps in checking Malpractices • Obtaining court documents is sometimes aided by having to “see” Court Officials. An electronic system of obtaining such documents would eliminate or at least considerably reduce these incidents of malpractices.
It helps to reduce corruption in legal systems, the 2007 Transparency International’s “Global Corruption Report” recommended, inter alia, transparency through publication of judicial activities, and providing reliable public access to law related information.

One way of making law related issues public is through the Web 2.0 (social-media based web interface).
Boosts Public Confidence in the Justice System • ICT comes in handy in speedy disposal of cases. Justice delayed is justice denied. Where justice is constantly denied, litigants tend to lose confidence in the justice system and adopt self-help methods. •

A widespread use of an ICT-based system will save time in resolving disputes, hereby instilling public confidence in the judicial system.


Easy and Faster Access to Information: Electronic storage of court documents ensures a 24-hour availability of information. Lawyers and litigants are also not hindered by distance in accessing them.

My immediate recommendation would be Implementing the NJIT Policy Document • Generally courts should endeavour to adopt the provisions of the NJIT Policy Document. • This will include the deployment of ICT infrastructure such as Electronic Case Management Software, Electronic Document Management System, Video Conferencing equipment, Voice recorders, Virtual Libraries etc. • The foregoing will encourage e-filing; easy storage, retrieval and access to court documents; clear backlog of cases etc.

Update of Court Websites • Some courts do not have functioning websites. Even the courts with functioning websites display outdated information. Ideally, a court’s website should be the first point of call for information related to the court. Such information would aid compilation of statistics, which could be used for research purposes, amongst others. Training of Judicial Officers and Lawyers •

Adopting a computerized court system will rise to its full potential where the stakeholders possess the minimum skill required to operate them. It is in this vein that the training of judicial officers, lawyers and other relevant parties become pertinent.

Long Live the Nigerian Bar

See You At The #LIJC2018 Holding Tomorrow

See You At The #LIJC2018 Holding Tomorrow


The Lagos Innovating Justice Conference is just tomorrow, Friday, 21st September, 2018. Thank
you for registering to attend. 


Major players in the justice and legal sector will be
gathering to share deep and valuable insights. Some of the confirmed
speakers are; Gov. Rotimi Akeredolu SAN
– Governor of Ondo state and former NBA President, Dr. Oby
Ezekwesili
– Co-founder Transparency International and
Senior Economic Advisor to the Africa Economic Development Policy
Initiative, Olasupo Shasore SAN
Former Attorney General of Lagos state, James Peters
VP New market initiatives Legalzoom, Laure Beaufils – British
Deputy High Commissioner to Nigeria, Dr.Joe Odumakin – President
Women Arise for Change, Adeniji Kazeem – Attorney
General &am p; Commisioner for Justice Lagos state, Yetunde
Longe
– Deputy Commisioner of Police Lagos State and many
more.

Also, some of the best innovators from the 2018 Innovating
Justice Challenge will pitch their justice innovation at the
conference. 

Please note that the dress code for the event is Business
Formal Attire
.
Registration/check-in will begin at 8:00 am and
the event will begin promptly at 9:30 am at Landmark
Event Centre, 
Oniru, Victoria Island, Lagos. 

You don’t want to miss this historic event which will serve as
a cornerstone of the Lagos justice innovation community for years to come.

We look forward to seeing you on Friday!