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Apr 27, 2019

Did You Know This Legal Fact

Intellectual Property and Brand Protection in the Food and Spice Industry | Infusion Lawyers

All over the world, food and spice are vital to human life. Food deliciously sustains life, provides energy, and promotes growth. And more than just adding flavour to life, spices colour and preserve food. A spice could be a bark, fruit, plant, seed, or other plant substance. Bulbs, fruit seeds, grains, rhizomes, and vegetables make up the food we eat. Though spices can serve cosmetic, medical, and religious purposes, some spices make great vegetables too. Nigeria’s food and spice industry presents huge opportunities for wealth.

Apr 21, 2019

Supporting Pro Bono In Nigeria #PaulUsoroChallenge

With the high number of Nigerians living in extreme poverty, there comes a huge number of citizens who are unable to afford legal services.

Apr 20, 2019

Bill Tracker – Nigeria Police Reform Bill 2019

On Wednesday the 17th of April, 2019, the Nigerian Senate passed the much awaited Police Reform Bill, 2019. The Bill seeks to amend the Police Act which had been drafted since the 1960s but has never been amended. According to experts the Police Act is out of tune with current realities and requires urgent amendment.  The Senate Bill has been forwarded to the House of Representatives for concurrence before it may be forwarded to the President for his assent. This post seeks to enlighten you about some of the relevant provisions in the Police Reform Bill including -

Apr 17, 2019

The Business Of Law Practice/ What Law School Does Not Teach You | Olivia Muzan Esq.

Long Title - 

By Olivia C. Muzan, Esq.

It is interesting to know that the narrative of the Legal profession is gradually changing, especially regarding law practice and law firm management. The Legal profession has gone beyond practice and procedure.

Apr 15, 2019

I Am Being Prosecuted For Professional Fees | Paul Usoro SAN

While speaking with Tunde Oyesina in an interview reported by The Nigerian Lawyer, Paul Usoro SAN once again responded to the allegations of fraud brought against him the EFCC. 

The Learned Silk and Honourable President  of the NBA has always maintaned that the EFCC is prosecuting him for the professional fees received from the Akwa - Ibom Government. 

Find the Excerpts below:

" You are the first ever NBA President to face corruption charge, any update on the matter?

I had presented to you during our 6th December, 2018 NEC meeting the facts of this charge. Those facts have not changed howsoever. The Proof of Evidence which was subsequently served on me does not contain any fact that contradicts the position that I presented to you, to wit, that I am being prosecuted for (a) professional fees totaling N1.1 billion that were legitimately earned and paid to Paul Usoro & Co (“PUC”) by Akwa Ibom State Government (“AKSG”) between 2015 and 2016; and (b) professional fees totaling N300 million that were paid to PUC by Governor Udom Emmanuel of Akwa Ibom State for the benefit of our colleagues who provided professional services to the Governor.

The PUC Bank Statement of Account that forms part of the Proof of Evidence clearly shows that the N300 million was duly paid to those colleagues of ours who rendered those services to the Governor. The N1.1 billion was not and is not the property of AKSG and nobody, apart from the EFCC, has claimed otherwise.

The N300 million to the best of my knowledge was not paid from the coffers of AKSG and no one apart from the EFCC has so claimed. As the trial unfolds, we will keep our members duly informed. I must thank all our members, from the depths of my heart, for the overwhelming support and solidarity that Mfon and I have enjoyed and received from all of you across the nation.

You have seen this persecution for what it is: a struggle for the soul of our profession and means of livelihood and not just the persecution of Paul. We are so very touched by your faith in us and your show of love, from telephone calls, personal visits, text messages and other forms of communication. I must also thank most sincerely, my team of lawyers, led by our past President, Chief Wole Olanipekun (SAN), for all their work on my behalf. We cannot repay you for this show of faith and love for and in us. Our prayer is that the Almighty will reward you all abundantly. We feel confident that our collective effort would be rewarded and truth will ultimately out and we will all be vindicated.

Perhaps, I need to mention here that my current persecution is not isolated. As a profession, we are under siege. For the very first time, both in our country’s history and in the history of our association, the NBA elections of 2018 has been the subject of purported investigation by the EFCC. I do not believe that such an investigation is within the purview of the EFCC, seeing as there was no financial or economic crime that was alleged. I am also not aware that the EFCC has taken as much interest in the activities of other professionals and their associations as it has taken in our profession and our association, particularly in recent years. To put it mildly, our profession and indeed the justice sector, I repeat, is under siege. Even the Independent Corrupt Practice Commission (ICPC) has taken to inviting our past Presidents and Secretaries for questioning over the contract award for the construction of our National Secretariat.

But then, these agencies do not act alone; they act in close collaboration with some of our members. The petition that triggered the purported EFCC investigation into our 2018 elections, for example, was written by one of our members. Indeed, we have taken to reporting ourselves to the EFCC even in internal matters of the association which could be resolved internally. We do need to rethink our ways and reassess our circumstances in this regard, in our collective interest, for our collective good and for the good of our profession and our association." 

Read the full interview Here

Apr 14, 2019

Tips For Your Uber Car Hire Agreements

Do you drive a Uber or Bolt (Taxify) or do you own the car being used for a Uber or Bolt service, If yes, do you have a Commercial Driver Agreement? 

Such an agreement will help protect both interests of the driver and car owner. A number of legal tips for your agreement include - 

Family Law Tip - What is Condonation?

The definition of condonation is the act of forgiving, excusing or overlooking a wrong-doing.

In divorce proceedings, it can be used as a defence wherein the Respondent avers that the Petitioner had already condoned the act that constituted the ground for divorce. 

Learn and share 
#familylaw #familydisputeresolution #familylawyerng #divorce #divorceparty #divorce

Legal Term Via Babalola Law Dictionary

Legal Term - Oust
Learn & Share via @babalolalawdictionary
 #law #legal #blawg #just #legalnaija #babalolalawdictionary #oust

Apr 12, 2019

Cyber –Squatting In Nigeria | Madu Blessing

The world today is indeed a global village.  It has revolved around technology and the internet. With the advent of internet, individuals can establish various businesses and register such business online and in doing so, they maintain a personal or official domain name. 

Apr 11, 2019

2019 Election Petitions:The Judiciary can help Sanitize Nigerian Electoral System. | Raymond Nkannebe; Esq.

With the limitation period for the presentation of petitions flowing from the just concluded Presidential and National Assembly elections having closed a fortnight ago, and those of gubernatorial and Houses of Assembly elections closing on the 1st of April, 2019 save for states and local constituencies where supplementary elections were held on the 23rd of March, 2019, it is safe to conclude that the politicians have had their day under the proverbial sun, and have now passed the ball into the court of the judiciary who must now get to work in the next one year at least to determine the catalogue of petitions that have proceeded  from the womb of the 2019 elections which in many ways brought to full glare and national embarrassment, the weakness of our electoral process. So bad was it, that some segment of the civil society posit that it is arguably the worst election to have been conducted in Nigeria since the dawn of uninterrupted democracy in 1999.

Apr 9, 2019

Pigeon-holing the Ground of Non-qualification of a Party Candidate in Pre and Post-Election Matters |Prince Ikechukwu Nwafuru

In election petition and pre-election litigation, it is common to see lawyers and litigants go off on a tangent on the issue of qualification of a person for election to various offices, by introducing into their processes, internal party issues and non-constitutional criteria. And this is notwithstanding the express provisions of the Constitution on the qualification for political positions.  It is either the Petitioner is alleging that the Respondent was not properly nominated by his/her political party and as such is not qualified to contest the election in the first place, or the Respondent in his Reply to the Petition, is setting up a defence of lack of locus standi of the Petitioner on the ground that the nomination of the Petitioner is invalid. 

Apr 6, 2019

Decisions Of The National Executive Council, A Lesson In Due Process

Major decisions that affect the welfare of lawyers are usually decided by the National Executive Committee of the Nigerian Bar Association. Though this decisions affect lawyers directly, quite a number of lawyers are unaware of how decisions are reached by the NBA’s National Executive Council, while some believe all decisions are made by the NBA President, more seasoned members of the Bar understand that such decisions are reached by following due process and the principles of equity.

Apr 2, 2019

The Obligation of an Employer to Give a Work Reference | Michael Dugeri

Employers quite frequently do seek legal advice on their obligation to give work/employment reference to their employees. While there is no general legal duty to give an employee (or former employee) any reference – positive or negative, recent case law suggests that there is an implied term in contracts of employment imposing a duty on the employer to provide fair and accurate work/employment reference for their employees. There is a potential liability for an employer who provides unfair or misleading reference, which can cause harm to the employee. 

Apr 1, 2019

MTN Nigeria and NBA Lagos Branch Host Corporate Counsel Masterclass

As part of its efforts to support capacity building in the legal profession, the Lagos branch of the Nigerian Bar Association (NBA) in collaboration with the Commercial Legal Department of MTN Nigeria organised a masterclass for lawyers on best corporate legal practices.