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The Legalnaija Blawg

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The Nigerian Blawg

The 1st online legal education platform.

Jul 31, 2019

Environmental Justice and the Ecological Crisis in Nigeria: A Rule of Law Approach #NBAAGC2019


Case Review: 
Centre for Oil Pollution Watch v. NNPC [2019] 5 NWLR (Pt. 1666) 518

LOCUS STANDI AND THE RIGHT OF NGO TO SUE IN A PUBLIC LITIGATION AS IT RELATES TO ENVIRONMENTAL POLLUTION CAUSED BY OIL SPILLAGE

Jul 30, 2019

Saving The Dinosaur From Extinction: Preserving Nigerian Law Practice In The 21st Century | Fifehan Ogunde


There is tremendous excitement about the potential contribution of artificial intelligence to legal practice, especially in western countries. The turn of the century has particularly seen a growth in legal software that harnesses AI and machine learning. Artificial intelligence is also gradually making its mark in the Nigerian legal industry with the influence of legal technology firms such as Law Pavillion. 

Pictograph: Lagos State Traffic Violations (Part 1)

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Jul 29, 2019

Kidnapping and Terrorism: Threat to Freedom, Security & National Development


The rate of kidnapping in Nigeria has risen considerably in the last ten years. Not less than 1,500 people are kidnapped on an annual basis in the country thus making kidnapping more or less a new “cottage industry”. With the statistical belief that one out of every 5 Africans is a Nigerian, it may not be wrong to say with her population and the increase in the wave of kidnapping, Nigeria has more potential kidnap victims than most of her West African neighbours.
-                     The Street Journal, 9th April, 2013, www.thestreetjournal.org

Trafficking in Persons and Irregular Domestic and Cross Border Migration #NBAAGC2019


Trafficking is the trade of humans which involves the practice of illegally transporting people from one country or area to another, usually for the purposes of forced labour or sexual exploitation. Most of the trafficked women and children are usually recruited from the rural areas within the country’s border with the promise of a better life or future. They are usually oblivious of what seems to await them. Nigeria has been said to be the leading African country with the highest number in human trafficking both domestic and cross border.

Must We All 'Go To Work'? Rethinking Working Methods In Lagos | Fifehan Ogunde


51.3 million workers in Nigeria work full-time in Nigeria (at least 40 hours a week).. In Lagos state, at least 8 million people travel to work on just over 9,100 available roads and expressways. 

Jul 28, 2019

Updates on the Administration of Criminal Justice Act, 2015


Before the introduction of the ACJA Act, the criminal justice system was fraught with difficulties. Following the intervention of the law, a number of innovations emerged which not only prevented prolonged criminal trials but improved human rights in Nigeria. 

Challenges of Democracy in Nigeria: Reform of the Nigeria Electoral Process


Every country operates a form of system of governance, for example, Democracy, Oligarchy, Monarchy, Theocracy and Autocracy. Democracy has been seen as the government of the people, by the people and for the people. One of the numerous problems that have worked against democracy in Nigeria is electoral malpractices. 

Growing the Economy through Legal Reform: The Challenges and Interventions


The role of law forms the basis for economic growth of a nation and it has been said that a sound economy is the surest engine of growth and the shortest route to tackling the challenges posed by poverty in Nigeria. Taking other developed nations as an example, they have sound laws which contribute to their country’s development and in turn strengthen their political stability and good governance. These developed nations use law as a catalyst for economic development. 

Dispute Resolution And Forensic Document Examination Training For Lawyers


To be an exceptional and successful advocate, a lawyer must have a particular set of skills including expert knowledge in legal writing, negotiation, court room advocacy, alternative dispute resolution mechanisms and a brilliant understanding of the business of law to mention a few. 

Jul 24, 2019

#NBAAGC2019 Session - Medical Negligence: Time to Change the Narrative


Medical negligence is the failure of a health care provider to exercise the ordinary care and skill a reasonable, prudent and qualified person would exercise under the same and similar circumstances. The reason why there is a high rise on the issue of medical negligence in Nigeria is as a result of the fact that our health system has deteriorated.

Examining Security and Human Rights Issues in Nigeria’s Extractive Industry



Extractive industry means any processes that involve the extraction of raw materials from the earth to be used by consumers. It consists of any operations that remove metals, mineral and aggregates from the earth. Examples of extractive processes include oil and gas extraction, mining, quarrying and dredging.

Did You Know



This is a trite principle of law that states that the onus or burden of proving a fact lies with the person who asserts that fact. 

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#Legalnaija #nigerianlawyers #aoclegal #nigerianblawg 

Jul 23, 2019

FUSS: Legally, Why El-Zazakky Would Never be Released from Prison: – Richarmond O. Natha-Alade


To every layman, rumour and suspicion endures as one; when missed with ignorance it savors every part of the heart and soul with fantasies: Richarmond O. Natha-Alade

Jul 22, 2019

Leveraging Technology in Justice Administration: Issues and Challenges


Technology has become an inevitable part in the day-to-day life of the society and given the workload and volumes of information and data in the judicial process, applying technology in justice administration will increase efficiency, promote easy research and allow for easier information to retrieval and in the long run, reduce stress and promote the health of judicial administrators.

Bullying and Sexual Harassment in the Legal/Justice Community #NBAAGC2019


Bullying and Sexual Harassment are cankerworms that has eaten deep into the workplace in Nigeria. Bullying is the use of coercion, force, or threat, to abuse, aggressively dominate or intimidate. 

Jul 18, 2019

Photos From The NBA Courtesy Visit To Governor Sanwo-Olu


Earlier today, members of the TCCP led by NBA President Paul Usoro, SAN paid a courtesy visit to the Governor of Lagos State, Babajide Sanwo-Olu. 

Jul 17, 2019

What Makes An Outstanding Corporate Lawyer? We Have Five Answers



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. This is part of the Lagos Branch’s efforts at deepening industry knowledge through its Continuing Legal Education and Mentorship Committee.

The NBA AGC will feature over 30 technical sessions and showcase sessions - TCCP #NBAAGC2019


The Nigerian Bar Association (NBA) is set to hold the 59th edition of its Annual General Conference (AGC) from August 23-29, 2019 at the Convention Centre of the Eko Hotel & Suites, Victoria Island, Lagos; with an adjunctive venue for breakout sessions at the Harbour Point Event Centre, also in Victoria Island, Lagos.


This year, the Conference will feature over 30 technical sessions and showcase sessions, where subject-matter experts, business leaders and renowned political leaders in various fields of human endeavour will lead conversations primarily aimed at envisioning the future of the Legal Profession, within the context of a rapidly changing and evolving world, and anticipate the adaptive measures that practitioners will be required to embrace in light of these imminent changes.


Notably, subject to registration, the Conference is open to all members of the NBA and, indeed, members of the public, and the Local Organising Committee (LOC) of the NBA is enthusiastically ready to welcome delegates and guests to the high-octane City of Lagos with its very rich and diverse cultures, bustling with entrepreneurs — The Centre of Excellence.

CONFERENCE THEME:  “FACING THE FUTURE”
Nigeria recently welcomed a new democratic administration following the just concluded 2019 general elections.  A new administration of the Nigerian Bar was ushered in last year. Within the period of 6 years, Nigeria has experienced markedly mixed fortunes, including the end a boom period, a recession and, more recently, a slow recovery. These events underscore the exigencies for a well-defined, deliberate template for “Facing the Future”. 

The Conference will address issues around the rule of law, independence of the judiciary, access to justice and protection of fundamental human rights, the economy and how to pilot the present to assure a better future. The theme “Facing the Future” is borne out of the pressing need to invest in a sustainable foundation for an optimistic future.

The phenomena of globalization and technology have evolved exponentially over the years and have disrupted practically every sphere of society. Artificial intelligence, block chain, financial technology, cloud computing, electronic documentation and electronic discovery are a few of the technologies that have directly and will continue to impact the manufacturing and services sectors including the legal and justice sub-sectors. The Conference will interrogate the current legal regulatory environment, lawyers’ response to technology and preparedness to harness these tools for efficient legal services delivery and a technology driven judiciary.

This year, the Conference places the NBA Sections and their respective specialist committee sessions at the heart of the conference programme for capacity building. 

Lawyers will have a real opportunity to focus on their areas of interest and benefit from exposure to emerging practice areas to be better equipped and reinforced to Face the Future.



SOME SESSIONS AT THE CONFERENCE:
1. Code Of Conduct Tribunal: A Clash Of Judicial And Executive Powers
2. Capacity Building in the Oil and Gas Industry – What are the essential drivers to take us there?
3. Lighting up the Future – Identifying and Removing the Clogs in the Power Chain
4. Social Media: Culture, Liability and Professional Ethics
5. Trade in Legal Services: Current Realities and Future Possibilities
6. State of Play, Future Challenges and Opportunities in Cross Border Trade in Legal Services
a. Examining the Emerging Formations and Structures for Collaboration
b. Domestic Policy Change
7. Regional Economic Communities and Regional Economic Agreements on Cross-border Legal Services (AfCFTA, EPA, ECOWAS etc.)
a. Readying Your Practice to Tap the Opportunities
b. Threats
c. Effect of Do-Nothing Approach
8. Digital Trade in Legal Services
a. Challenges and Opportunities in Digital Trade in Legal Services
b. NextGen Lawyers
c. The Challenge of Regulating Digital Trade Legal Services
9. Public Private Partnership: Panacea to Economic Development and Change 
10. Infrastructure Financing in Nigeria; Sukuk and the Future
11. Leveraging Technology in Justice
12. Administration: Issues and Challenges
13. A Future Fit Legal & Regulatory Framework for Corporate Nigeria
14. Revisiting Legal Services Delivery by
15. Foreign In-House Counsel: The Law versus Practice, etc.

These are only a few of the sessions at the 2019 conference. Kindly visit: www.nbaconference.com/index.php/provisional-programme/ for a comprehensive outline of the full programme.

SPEAKERS
The President of the International Bar Association (IBA); Mr Horacio Bernardes Neto will be attending the conference, where he will launch the IBA Working Group on Sexual Harassment and Bullying in the legal profession.There would be over 40 other speakers and guests at the conference.

SOCIAL EVENTS
There will also be several networking events and mentoring opportunities between bar leaders and young lawyers at the conference. 

The TCCP and the Local Organising Committee (LOC) have lined up various social events such as, cultural and art displays, music and dance performances from across the length and breadth of country, comedy shows, as well as cocktail events at the ‘Conference Friendship Centre’ to promote relaxation and further networking and interactions among Conferees. There will also be annual soccer tournament. 

The 2019 NBA Conference is the conference to beat! Each conferee will go back to base, better and more professionally equipped and experienced than they came.



FOR UPDATES ON THE 2019 NBA AGC, VISIT THECONFERENCE WEBSITE
www.nbaconference.com and follow it social media handles below: 
1. Twitter: @NBAConferenceNG
2. Instagram: @NBAConferenceNG
3.Facebook:Nigerianbarassociationconference

Code of Conduct Tribunal: A Clash of Judicial and Executive Powers #NBAAGC2019




Part 1, of the fifth schedule in the Nigerian Constitution provides for the code of conduct of public officers. In essence, the CCB was established for the purpose of addressing issues relating to the conduct of public officers during their tenure of holding office, also especially to fight corruption in the public service.

Jul 14, 2019

Intellectual Property Right Infringement In Nigeria: How To Stop Online Piracy | Adavize Alao


Introduction

Copyright infringement which can simply be referred to as piracy is the use of creative works belonging to creatives protected by copyright law without permission for a usage where such permission is required, thereby infringing certain exclusive rights allotted to the Intellectual property (IP) rightsholder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.

#NBAAGC2019 Session On Space Law


During the #NBA2019AGC, Prof Stephen Lowry from the University of Kent's Centre for Astrophysics and Planetary Science will be the Lead Speaker at the session titled "Space, the final frontier". 

Other topics for discussion in this session include: 

The Class Action that finally buried Bankers’ Order debacle in Nigeria | Olumide Babalola


When in 2017, some of our clients’ bank accounts were severally frozen by their banks, via bankers’ orders obtained by the Nigerian Police from the Magistrates Court in Lagos pursuant to a spurious petition written by a commercial bank, our Law Firm approached the High Court of Lagos State on their behalf, challenging the constitutionality of bankers’ orders on several grounds.

Jul 13, 2019

List Of General Interest Sessions At The NBA 2019 AGC





There are about 39 sessions scheduled to hold at the NBA 2019 AGC, for ease of reference, you may look through the following list of General Interest Sessions to see which session you would be interested in attending -

1.     Code of Conduct Tribunal: A Clash OF Judicial And Executive Powers



2.     Trade in Legal Services: Current Realities and Future Possibilities



3.     Leveraging Technology In Justice Administration: Issues And Challenges

5 Innovations Lawyers Should Note About The 2019 NBA Annual General Conference



The Nigerian Bar Association, NBA, Africa’s largest body of lawyers with over 100,000 members, will be holding its 59th,Annual General Conference scheduled to hold from August 23rd – 29th, 2019, at the Eko Hotel & Convention Centre, Victoria Island, Lagos.

The Conference, which is one of Africa’s largest gathering of lawyers will have the theme; FACING THE FUTURE, a theme that is most relevant at this point in the history of our country, the Bar and Bench . World leaders, citizens and institutions worldwide are concerned about what the future holds. The rapidity of innovations and change in the political, business and professional space is perhaps more pronounced in our generation than ever before.  Nations worry, not about the inevitability of change, but about the capacity to predict, navigate and transform institutions to positively manage the present and future in a way that nourishes sustainable growth in wealth generation, freedoms, peace and security.

Jul 7, 2019

Statement Of The NBA On The Prevention Of Justice Karatu On Performing Her Judicial Functions


PREVENTION OF HON. JUSTICE ELIZABETH KARATU FROM PERFORMING HER STATUTORY JUDICIAL FUNCTIONS”
The attention of the President of the Nigerian Bar Association, Paul Usoro,SAN has been drawn to a video that has gone viral online, an showing a Civil Defence official preventing a Judge of the Kebbi State High Court, Hon. Justice Elizabeth Karatu from accessing her court for the purpose of sitting to deliver some judgments reserved for that day.

Jul 1, 2019

NBA AGC UPDATE


The Technical Committee on Conference Planning ("TCCP") of the Nigerian Bar Association ("NBA") wishes to inform members of the Association and the General Public as follows:

 

1. As at 12 midnight on Sunday 30th June, 2019, over 8,000 delegates have so far registered for the Conference. We would like to thank these delegates who have registered and indeed everyone who has made the achievement of this significant milestone possible.

 

2. The TCCP however acknowledges the fact that due to network, payment and database issues, amongst others, a significant number of prospective delegates have been unable to register for the Conference within the Early Bird registration time-frame.

 

3. Consequently, the President of the NBA, Mr. Paul Usoro, SAN, has graciously approved the extension of the Early Bird Registration deadline to 11:59 pm on Sunday 7th July, 2019. We therefore urge members and other prospective delegates, particularly those who encountered the aforementioned issues, to promptly take advantage of this extension and register immediately for the Conference as there will be no further extension of the Early Bird period.

 

4. The Registration Help Desk at our Contact Centre can be reached by email: info@nbaconference.com or by telephone (Monday-Friday: 9:00 am to 9:00 pm and Saturday-Sunday: 11:00 am to 9:00 pm) on: 09031500091, 09031500092, 09031500096, 07056827698.



FIDIC CONTRACTS TRAINING COURSE


We are pleased to invite you for a two-day FIDIC Contracts Training Course on The Practical use of the 1999 FIDIC Conditions of Contract for Construction (Red Book) and Plant and Design-Build (Yellow Book) with review of 2017 updates of the Red and Yellow Books. The training is a collaborative effort of LACIAC and the Association For Consulting Engineering in Nigeria (ACEN), a FIDIC member organization. 

Date: Wednesday 17th and Thursday 18th July, 2019 

Venue: Lagos Oriental Hotel 3, Lekki Road , Victoria Island Lagos .

Time: 8:30am -5.00pm daily. 

This training will be a practical and interactive course that explains and illustrates the use of the Red and Yellow Books. Addressing topics such as: 

Contract documents

Responsibilities of main parties

management of projects

tests on completion

financial procedures

suspension and termination

risk, liability and force majeure

claims, disputes and arbitration
The training is designed for contract administrators, project managers, engineers and legal advisers in:

Oil and Gas Exploration & Production companies which engage Engineering Procurement and Construction (EPC) contractors in E&P projects;

EPC, BOT and other PPP Concession companies

Government agencies having ownership or oversight of infrastructure projects

Development Banks
It is also useful for professionals involved in construction and infrastructure projects, including architects, quantity surveyors, arbitrators, adjudicators, mediators and construction law firms. 

The facilitator will be Mr. Husni Madi a Civil Engineer, Arbitration & Adjudicator and FIDIC international accredited trainer who also functioned as a friendly reviewer of the FIDIC 2017 suite of contracts. 

We look forward to welcoming you to the training. Call +2349034629337  to register