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The Nigerian Blawg

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Oct 31, 2018

Chartered Institute of Arbitrators (UK) Vs. Chartered Institute Of Arbitration (Nigeria) LTD/GTE




The Federal High Court sitting in Lagos on Monday, October 22, 2018, in a Judgment, found the Chartered Institute of Arbitrators (Nigeria) LTD/GTE, a registered Nigerian organisation liable for the Tort of ‘Passing Off’, thereby restraining the Nigerian registered entity from using its logo and membership grades. The suit referenced FHC/L/CS/341/2009 was instituted by the Chartered Institute of Arbitrators of the United Kingdom alleging that the Nigerian Institute, which has been incorporated in Nigeria since 1988, was ‘passing off’ the Institute of the United Kingdom. Although the Plaintiff (Chartered Institute of Arbitrators, UK) is a foreign organisation registered in the United Kingdom and has not been registered under Nigerian Laws, it however carries out, through its Nigerian Branch all of its activities within Nigeria without complying with the laws of the Federal Republic of Nigeria.

The Nigerian Blawg

Quote Of The Day

Oct 26, 2018

Legally Engaged Mentorship Programme


The Legally Engaged Mentorship Programme is open for applications, and it's Nigeria's no 1 mentoring programme for lawyers.
 
The mentors are drawn from Nigerian and international law firms, companies and agencies and are highly regarded as experts in their various fields.
 
Some of the benefits of the Programme are –
 
✔ Direct access to a successful legal practitioner for one-on-one mentoring.
 
✔ Exclusive webinars and chat sessions with legal luminaries – home and abroad.
 
✔ Chance to win tickets for trainings and other events.
 
✔ Access to a wide network of fellow mentees
 
Best part? It's all free! Apply now at www.legallyengaged.com.ng/mentorship as spaces are filling up fast!
 

Oct 21, 2018

Young Lawyers Must Seize Their Destiny And Create It 


 

 

As the legal profession welcomes an influx of new starry-eyed wigs estimated at about 4,000 every year, their chances of securing juicy opportunities in existing law firms are few and far between. The labour shortfall in addition to the worrisome number of disillusionment among young lawyers is a burden that GreySage Consulting, a Lagos-based legal seeks to bear.

 

With hands on approach, GreySage Consulting has teamed up with experienced and dynamic attorney, Akinyemi Ayinoluwa, for exclusive an session with young lawyers. The session is scheduled for December 7 at a special location in Lagos.

 

Willing participants will leverage an opportunity to learn to create career enhancing tips. With keen understanding of the dynamics of the terrain as a professional who has continued to make a huge impact, Akinyemi will beam his lazer on four important topics areas: 



1. How to build a Community that supports your law practice; 



2. What you must do before starting a practice in Nigeria; 



3. How to cultivate a Personal Brand that supports your career and; 



4. How Nigerian lawyers can leverage content in a digital world.

 

Akinyemi revealed, "Having studied industry trends and the effects of globalization, we want to equip young lawyers with affordable vital information and resources that can acquaint them with entrepreneurial skill set, a Do-It-Yourself approach to career development, and creating a prosperous and fulfilling work life."

 

"Among some of the issues young Nigerian lawyers grapple with are such issues as low Remuneration, unbearable work environments, unemployment, lack of Opportunities for growth and promotion, as well as lack of healthy Work/Life balance. We assure that we will help move your career and practice forward, and you will have fun doing it," he added.

 

To book a spot, click on the link below, or send an email to greysagelaw@gmail.com or call +2349098028375

 

https://docs.google.com/forms/d/e/1FAIpQLScRlu1dM0guZyPWwlUbFhPQTnxe0yJ9ZC0XFqRtrBWoyXLJSw/viewform

 

About GreySage Consulting

 

GreySage Consulting Ltd. is a new consulting company headquartered in Lagos, Nigeria. The firm is dedicated to empowering practitioners in the Creative and Legal industry, via trainings, seminars, advisory services, industry-specific events, mentorship, and Network events.

 

Oct 20, 2018

IP ABC—Does a registered trademark automatically die upon non-use for a long period? | Infusion Lawyers



Question

Hello, I am Ofure Ighalo, CEO of EduBit, an edutech startup. Six years ago I had the idea of an edutech product, ‘Aunty’. We registered the name and logo as trademark of EduBit. But after over 6 years of designing and redesigning the idea, ‘Aunty’ wasn't launched. After finally getting venture capital for Aunty, we were about to launch on 18/08/2018 when a friend of ours in the startup space drew our attention to a similar product also named ‘Aunty’. Considering that this could jeopardize our launch plans and investment drive, we quickly contacted the company behind this ‘Aunty’ to desist from further use of our registered trademark. But to our shock, the company, Tekwando, claimed that regardless of EduBit's registration of the mark, ‘Aunty', EduBit has no right to stop their company from using the mark! According to them, while EduBit may have the trademark certificate, it is mere paper because they are the ones who have been in the edutech market, using the name for over 3 years. This sounds crazy! Please tell us this is not true! Is it true that we have lost the registered mark?

Oct 17, 2018

Nigerian Senate Takes Action On Illicit and Excessive Bank Charges

Today, 17th October, 2018, the Nigerian Senate passed a resolution calling on the Central Bank of Nigeria (CBN) to suspend the excessive ATM card maintenance charges being deducted from customers. This resolution came as part of a motion on the illicit and excessive bank charges on customers accounts, sponsored by Senator Olugbenga Ashafa (Lagos East, APC).

The Senate also called on commercial banks operating in the country to configure their machines to dispense up to N40,000 per withdrawal pending the outcome of the investigation by the Senate committees tasked with investigating the excessive and illicit bank charges.

Speaking on the Motion, the President of the Senate, Dr. Abubakar Bukola Saraki said: "This is a motion that affects the lives of every Nigerian — irrespective of what part of the country you come from or whatever political affiliation you might have. This is why we are here: to always defend and protect the interests of the Nigerian people."

The Senate President stated that the Senate must work to ensure that the Senate's resolutions on the excessive bank charges goes beyond the debate stage, so that whatever action the Upper Legislative Chamber takes, would come into effect.

"This Senate has done this many times before; when there was a hike in the mobile telecommunication data charges, we intervened and put an end to that. When there were discrepancies and increases in electricity prices, we also took action. We have done this on a number of similar cases. Therefore, on this, I want us to take effective resolutions," Saraki said.

Other Senators who contributed to the debate, called on banks to review their charges.

"The common man is also a victim," said Senator Emmanuel Bwacha, "Banks declare profits and you wonder where these profits are coming from — it's from the sweat of the common man. Let us come up with a law that puts banks on their toes."

"It won't be out of place to institute a committee that will call on the CBN to tell us what these charges are about. The Senate by fiat should abolish charges if they can't be verified," said Senator Bala Ibn Na'Allah.

"The Senate must take a serious stand on this issue. Nigerians are really suffering. The banking system is not encouraging. I had an issue, took it to the bank and was refunded but how many Nigerians can do this? The issue needs to be addressed," stated Senator Kabiru Gaya.

"For me, this is a major step that we are taking. This is because I introduced the first ATM machine that came into Nigeria over 25-years ago," the Senate President, Dr. Saraki told his colleagues, "Now, after 25-years, we should have grown out of these excessive charges and moved on. So, I believe that this something that we must address to create an environment that protects all Nigerians, because these kind of charges in this economy affects everyone."

The Senate further directed its Committees on Banking, Insurance & other Financial Institutions and Finance to conduct an investigation into the propriety of ATM card maintenance charges in comparison with international best practices and report back to the Senate.

The Senate also directed the aforementioned committees to invited the Governor of the CBN to appear before it to explain why the official charges as approved by the CBN are skewed in favour of the banking institutions as against the ordinary customers of the banks.

Finally, the Senate called on the Consumer Protection Council to look into the various complaints of excess and unnecessary charges by Nigerian Banks.

Oct 16, 2018

Bill Tracker: National Student Financial Aid Scheme Bill

If you are a Nigerian undergraduate studying in Nigeria or abroad, you might have at some point wondered why government scholarships and bursaries to students in tertiary institutions have all but dried up. Well, there is a reason why.

Upon assuming office, the Buhari-led administration pulled funding for many government scholarships and bursaries leaving many students distraught and unable to complete their studies. In 2017, the President of The Senate, Dr Bukola Saraki, on the sidelines of the 137th Assembly of the Inter-Parliamentary Union, met with Nigerian students in Russia to hear first-hand the plight of those whose scholarship funding had dried up. Most of them felt abandoned by Nigerian authorities and had become stranded; barely able to make ends meet.

Speaking with them, Dr Saraki noted that the feeling of abandonment must be quickly dissipated by working urgently to alleviate the difficulties faced by these students. According to him "we must look for ways to reestablish the pipelines and remove the bottlenecks, so that our students who went abroad with the promise and assurance of scholarship funding, will get their stipends as at when due" .

Back here in Nigeria, parents and guardians find that they cannot rely on government awarding scholarships or bursaries to students of public tertiary institutions as a means of supporting the education of their wards. It has become critical to come up with solutions to the problems of financial aid being faced by Nigerian students both locally and internationally.

It was in response to this that Senator Isah Misau (Bauchi Central) sponsored the Student Financial Aid Scheme Bill. The Bill seeks to provide for the granting of loans to eligible students at higher institutions and repeal the provisions of the Nigerian Education Bank Act 2004.

The Student Financial Aid Scheme Bill went for the first reading in the National Assembly on the 20th of October, 2015 and second reading on the 15th of November, 2017. Lending support to the bill, Senator Sam Egwu (Ebonyi South) recalled that he benefited from scholarship in the old Anambra state and that the scheme would help indigent students studying in higher institutions.

The function of the bill shall be to:

- Develop criteria and conditions for the granting of loans and bursaries to eligible students in consultation with the Minister of education.

 - Raise funds in  accordance to section 13 (1) of the bill.

  - Recover loans
    - Maintain and analyze a database and undertake research for the better utilization of financial resources
    
- Advise the Minister on matters relating to student financial aid
    
- Perform other functions assigned to it by this Act or by the Minister.



The power of the scheme includes the power to:

 -  Promote and control staff as may appear to the scheme necessary and expedient
    
- Dismiss, terminate, consider the resignation or withdrawal of appointment and exercise disciplinary control over the staff of the scheme, other than the Director-General.

The Student Financial Aid Scheme Bill shall maintain a fund which will consist of:

 - Money appropriated by the National Assembly
    
- Foreign aid and assistance from bilateral and multilateral governments and agencies;
    
- Interests repaid or repayable by borrowers
   
- Any other assets that may from time to time accrue to the scheme.

The Bill as of now has been referred to the Committee on Tertiary Institutions and TETFUND.

Source: www.thepublicsenate.com.ng

Duty Of Police Is Not To Recover Debts

In the case of A.C (O.A.O) Nig Ltd V. Umanah (2013) 4 NWLR (Pt 1344) Page 323 the Court of Appeal held that:

"The statutory duties of the police under the Police Act is to maintain peace, law and order in the society. Debt collection or loan recovery is not within the purview of the statutory duties and powers of the police".

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@legalnaija

Happy World Food Day


Millions of Nigerians are currently facing food shortages and many more cannot afford to feed their families adequately. 

As we all celebrate World Food Day, lets remember to be a blessing to others. 

#worldfoodday #worldfood

Oct 15, 2018

Constitutional Requirements For Aspiring To The Office Of The Nigerian President





This article was first published on 17/10/2014; however due to the Constitutional Amendment signed by President Buhari on the #Nottoyoungtorunbill, it is necessary that we amend the post to reflect the necessary reforms.



General elections in Nigeria are fast approaching, political parties, candidates, party thugs agents, INEC and the whole country is immensely interested in how events at the elections will play out.

Oct 14, 2018

Legality Of Buhari's Travel Ban On Nigerian Citizens




Over the course of the past week, Nigeria’s President Muhammadu Buhari approved travelling restriction on no fewer than 50 high profile persons directly affected in investigations by security agencies in the country. By this, the persons cannot travel out of Nigeria pending the determination of their cases. Furthermore, the presidency states that the measure is part of the implementation of Executive Order Number 6, which seeks to ensure “that all assets within a minimum value of N50 million or equivalent, subject to investigation or litigation are protected from dissipation by employing all available lawful means, pending the final determination of any corruption-related matter.” The Presidency seeks to support this directive with the recent decision of the Federal High Court which supports the powers of the president to make the Executive Order in the first place. You may view the provisions of Executive Order, No. 6, here.

Oct 12, 2018

We Must Consider The Importance Of Legislative Bills Not Assented To By The President



Over the course of the past 4 (four) years, the 8th Nigerian Senate has outperformed all others before it. Having passed over 200 bills and counting, it is safe to say members of the incoming 9th Assembly will have their work cut out for them and big shoes to fill. 

Have an amazing weekend filled with love and laughter from everyone at Legalnaija 

Oct 11, 2018

IP ABC—Use of a popular Ankara pattern in a design. Are we liable for copyright infringement? | Infusion Lawyers




Question - 
I am Bode Balogun, a creative artist and CEO of Bright Prints Media, a new startup that specializes in 2D & 3D arts and textile prints in Osun State.

Two months ago, I was contracted by Segun Saka, a staunch supporter of a governorship aspirant in the state to design and make materials for the purpose of boosting the aspirant’s electoral campaign. According to Mr Saka, this design would be a customized Ankara with blue, green, and yellow colour themes, having the portrait of the aspirant in black and white, with a stripe around the circle bearing the party motto above the portrait and the candidate’s name below it. This design is a popular concept used in Nigerian political, religious, and traditional events.My company made over 100,000 yards of the textile to the specification and delight of our client. As campaigns intensified with each passing day, we printed more textiles for our clients. 

Celebrating the awesomeness of our girls and young women on this #DayofTheGirl⁠ ⁠ .... You all rock πŸ˜πŸ‘πŸ’πŸŒΈπŸŒž⭐️πŸ’«πŸ’₯

Oct 10, 2018

Opinon: Osun Saga: Bathing with Blood is Constitutional and Lawful | Richarmond O. Natha-Alade



To many, bathing with blood is the easiest of all sacrifices, doing it at the market square is an adventure and/or more of an escapade, it makes the doer happy and fulfilled, ones its commanded by their spiritual leader: If it is enjoyable to the bather, why would you disturb him?

What matters: As long as such blood is not the blood of man gotten in an unlawful way and not the blood prohibited under the law, the bather is fully in order.

There are about 4, 280 religions in the world, Christianity and Islam are just two of the entire number. How, when, where and what you are born into is likely what you are going to become and/or practice. Tolerance keeps the world together.

Oct 9, 2018

Dropping Legal Gems | Legalnaija

Dropping Legal Gems!!

All for your benefit!! 

πŸ™‚πŸ‘Œ✅ 

#legalnaija #lawyer #blawg #lawyerlife #nigerianlawyer #like #law #legal #solicitor #advocate #business #Ip #wealth #grow #success #legaltips #learn #share #activecitizen #gems #legaltips

The Importance Of A written Letter Of Guarantee | Adedunmade Onibokun





A letter of guarantee can be described as some sort of promise, it denotes that the giver of the guarantee promises to carry out an act on behalf of another. A good illustration will be a letter of guarantee given to a creditor, by this letter of guarantee, the guarantor promises/guarantees to settle the debt of the debtor, should there be a failure on the part of the debtor. Usually, it seeks to assure the creditor of a return on the loan or debt sum.

Oct 8, 2018

Legalnaija Law Tip

Dear Business person, Contractual Agreements which have neither been fraudulently nor illegally entered into by parties, must in all respects be observed or enforced. 

Have you got any questions on the validity of an agreement, send us a DM or post a comment

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#contracts #lawyer #lagoslawyer #blawg #legalnaija #legaleducation #lawyerlife #lagos #abuja

3 Ways To Protect Your Intellectual Property Rights

These are the 3 major ways of protecting your intellectual property under the law.
If you have any questions on IP rights, pls drop a comment or send a DM

#lawyer #intellectual #property #IPlaw #legal #lagos #abuja #business #brand #protection #lawenforcement #legalnaija #legalprocess

Monday Motivation


Tomorrow doesn't exist. Yesterday doesn't exist. There is only the now. The right here and right now.

Make excellent use of "NOW"
#mondaymotivation #mondayquotes #mondaymood #now #love #achieve

Oct 2, 2018

NBA Nominates Gender Expert To EU-Nigeria-UNODC-CTED Partnership Project III

The President of the Nigerian Bar Association,  Mr. Paul Usoro SAN FCIArb has forwarded the nomination of Professor Joy Ngozi Ezeilo, OON, Dean, Faculty of Law, University of Nigeria, Enugu Campus to represent the Nigerian Bar Association on the EU-Nigeria-UNODC-CTED Partnership Project III on Strengthening Criminal Justice Responses to Terrorism and Violent Extremism" funded by the European Union, which is slated for 3rd-5th October, 2018 in Abuja, Nigeria.

Professor Ezeilo is a respected scholar and expert in gender issues.

Oct 1, 2018

Politics Must Not Debase The Rule Of Law | Paul Usoro SAN

The Nigerian Bar Association ("NBA") felicitates with President Muhammadu Buhari, GCFR, the Federal Government of Nigeria, the States and Local Governments of the Federal Republic of Nigeria and indeed every Nigerian on Nigeria's attainment of 58 years of independence and sovereignty. We certainly have plenty to thank the Almighty for, particularly when we recall that our unity as a nation was sorely tested and almost shattered by and during the Nigerian Civil War. Indeed, our unity has been severely tested a number of times before and after the Civil War and remains a work-in-progress even today. That should not be, after 58 years of independence and sovereignty as a nation. 

This should indeed be a reflection point for our leaders on this Independence Anniversary day. A 58-year old man should, if he is not afflicted by some debilitating illness, be, in the prime of life and, in all respects mature and able-bodied. In making excuses for our 58-year old country, we often fall back on the arcane saying that "Rome was not built in a day" and that a country's journey to maturity takes longer than that of an individual or a person. 

That is not true or correct. Singapore, illustratively, attained self-government in 1959 and became an independent and sovereign nation in 1965 after the collapse of its merger with Malaysia in 1963 and, as at date, that country is miles ahead of Nigeria in terms of development. Yes, Singapore does not have our population size and diversity with its attendant challenges, but it also does not have the gamut of our natural resources ranging from mineral resources, fertile arable land, a pool of talented citizens who continuously make us proud outside Nigeria.
What has consistently been lacking in our country is, perhaps, the ability to coalesce these abundant resources and talent which, it must be emphasized, can be found in all the nooks and crannies of this great country, into a unified and productive whole that could and would easily turn Nigeria into the figurative Eldorado and, in the process, turn our diversity into strength and our abounding population into a productive work force. These are reflections that must today occupy the minds of our leaders, of all strata, as we mark 58 years of Nigeria's independence and declaration as a sovereign nation. This is also particularly apposite as we enter another season of National Elections, the precursor of which has been the recently conducted Osun State Governorship Election. With that in mind, our leaders need to consciously resolve, on this Independence Anniversary day of our nation, to make a difference in the lives of our people. Governments at all levels must renew their pledges to work for the betterment of the lives of our people thereby recording tangible dividends of independence for the Nigerian people.

In that respect, the NBA applauds the initiative and maturity of the Nigerian Labour Congress ("NLC") in calling off its indefinite labour strike on the eve of our Independence Anniversary. Their maturity in calling off the strike should not be misunderstood as a lack of merit in labour's demand for an increased minimum wage, from the stagnant N18,000.00 (Eighteen Thousand Naira only) that takes no account of inflationary and living condition trends. It is our hope and expectation that the Government negotiators will continue apace with the labour negotiations, notwithstanding the fact that the strike has been called off and, in the process, achieve a resolution that the parties could live with. In making this call, we must remember that the independence of Nigeria was attained through the efforts of our rainbow coalition of nationalists some of whom were labour leaders. Indeed, when we refer to "the labours of our heroes past" we must be understood to refer to the labours of all "our heroes past", made up of all hues and colours of nationalists and activists, including but not limited to labour leaders, jurists, captains of industries and of course, our political leaders.

Those labours of our heroes past, we must continue to insist, must not be in vain. That reminder is particularly relevant as we launch into the 2019 political season. Our leaders need to be reminded that politics and the quest for offices must not divide our people; politics must not lead to violence and the deaths of our people; politics should and must unify us; politics must yield for our people not only the dividends of Independence but also the dividends of democracy. Politics must lead to abundant employment for our teeming youths; politics must give us clean, affordable, uninterrupted energy/electricity which would activate and unlock economic productivity and prosperity for our people. Politics must provide us with quality education, potable water, security of lives and property, affordable and quality health care and quality living standards. 

Politics must translate into sustainable governance and institutions that would yield for the Nigerian people all the positives afore-specified. Politics must provide our diverse peoples with equal opportunities, without discrimination, taking note of our diversity and the need for inclusion of all our peoples. Politics must not be our bane; it must be for us, a unifying force and the vehicle for our prosperity and enhanced living standards. These are the critical issues that must occupy our leaders' minds on this Independence Anniversary day and beyond.

Finally, politics must not be allowed to debase our temple of justice and the rule of law in our country. Our judiciary and the rule of law must remain sacrosanct. The converse of the rule of law, we must always remember, is anarchy and we do not want to descend into that abyss. We must not, in the name of politics and for political reasons pollute our fountain of justice. The judiciary is one institution that has constantly kept our country united through its pronouncements; the decisions of our courts more often than not ward off ethnic strives, political unrests, chaos, bedlam and riots – the fingerlings of anarchy. We remain eternally grateful to Their Lordships for their services to our Fatherland and pray for continuous Divine wisdom and guidance for them as we journey into another year of national elections. We admonish the political class and indeed, the people of Nigeria, to continue to have faith in our judicial system even as we, the workers and ministers in Nigeria's temple of justice, must, by our conducts, words and deeds imbue in our people that faith and confidence in our justice sector. It is not sufficient for us to call on the political class not to pollute our judiciary with their politics, partisanship, rivalries and enmities; it is seemly as well that we, as workers and ministers in Nigeria's temple of justice – ranging from Their Lordships to lawyers and other stakeholders in the justice sector – constantly remind ourselves of the need to uphold the core values and sanctity of our noble profession in and through our words, deeds, actions and conducts, at all times.

The Nigerian Bar Association commends these thoughts to all Nigerians and hopes that these would and should serve as constant reminders for us on our journey to greatness, on our journey to a strong, united and prosperous Nigeria where the rule of law shall continue to prosper, abound and prevail.
Long live the Federal Republic of Nigeria. Long live the Nigerian Bar Association.


Paul Usoro, SAN, FCIArb President Nigerian Bar Association