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Dec 28, 2020

Jurisdiction of the National Industrial Court over Service Conditions in the Military | Michael Dugeri


Case law authority is that the National Industrial Court of Nigeria (NIC) has jurisdiction over service conditions in the military but only upon fulfillment of prescribed condition precedents. This means that when a dispute arises over service conditions in the military there is a multi-tier dispute resolution procedure that requires the aggrieved soldier, rating or aircraftman and officer to undertake certain steps in an attempt to settle the dispute internally before resorting to court action. It is important to note the binding nature of the multi-tier dispute resolution procedure in the military; whether it constitutes jurisdictional condition precedent to the commencement of action at the NIC, and the consequences of a party’s failure to comply.

Dec 21, 2020

Lawlexis: We Manage Social Media Accounts For Lawyers And Law Firms

You will agree that advertising legal services in Nigeria has remained complex and is somewhat of a taboo topic, especially due to the provisions of the Rules of Professional Conduct (RPC). However, times are changing and progressive law firms are using social media, not only to grow their online reputation, but to attract new and high – paying clients.

Some of the advantages of using social media for lawyers and law firms include;

a.     Create brand awareness
b.     Attract new clients
c.      Establish thought leadership, and
d.    Engage your target audience

At Lawlexis, We combine unique resources across the media to shape conversations and build enduring brands in the minds of audiences. For years, we have specialized in serving the needs of clients seeking exciting and engaging marketing and communications strategies. In that time, our work has been distinguished by qualities such as strategy, collaboration and integration.

Most importantly, we help lawyers and law firms manage their social media accounts and help create visibility by harnessing social media resources to grow their business. We will love the opportunity to do the same for you.

Call us on 09029755663 or email for free consultation.

Dec 15, 2020

Can the President Disobey National Assembly Summons? – Nonso Anyasi

It has now become a quadrennial occurrence for the Nigerian polity to experience debates on the constitutionality or otherwise of the President’s disobedience to summons/invitation by the National Assembly to account for executive actions/inactions.  This debate largely arises from the perceived conflict between the provisions of Sections 67(1) and 89 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). 

Force Majeure vs. Frustration: The Clear Difference | Deola Osifeko


Usually contracts not only spell out rights and obligations of parties, it defines the scope of the legal or commercial relationship as well as anticipates unforeseen situations (like we have experienced and are still experiencing the effect of the outbreak of Covid19 which has not only altered daily living but how we discharge our duties in the workplace and other legal/commercial arrangements).

Dec 11, 2020

The Role Of Msmes In Nigeria's Post Covid 19 Recovery Plan | Olabimpe Oladokun (Mrs)

Small businesses (MSMEs) represent about 90% of businesses worldwide. They account for 96% of businesses and in Nigeria, they account for 84% of the country’s employment.

The global economy was greatly affected by the COVID-19 pandemic, and from the above data, it is clear that small businesses must drive the global economy to recovery.

Dec 7, 2020

NDPR Implementation Framework 2020: My thoughts! By Olumide Babalola

After over 16 months as a draft, the NDPR Implementation Framework (the Framework) was finally and thankfully released by the National Information Technology Development Agency (NITDA) in the first week of December 2020, albeit dated July 2020.

As a privacy litigant and litigator, while I will continue to be grateful to NITDA for taking up the unprecedented gauntlet of regulating data protection in Nigeria, we cannot afford to, with respect, spare the Agency's blushes within and outside the courts as far as their regulatory duties are concerned and this is done in good faith, for the betterment of the industry and its players.

First, it is highly commendable that, NITDA, like other supervisory authorities in the western World, has issued this Framework to provide further guidance towards clear compliance with the provisions of the NDPR which it describes as a "regulatory guideline" at paragraph 1.2 of its background. This description is a bit confusing to the extent that, if the NDPR is a regulatory guide, then where is the regulation itself and what does this framework seek to achieve if not to guide as well?

I am particularly concerned by the use of the term "Guideline" because it somewhat waters down the efficacy of the NDPR in the light of the Court of Appeal decision in Ogunniyi v Hon. Minister of FCT (2004) LPELR-23164(CA) that:

"The word " Guidelines " … simply means " rules or instructions that are given by an official organization telling you how to do something.

With respect to the drafters of the Framework who have delivered this very momentous document at this very significant time, referring to the NDPR as a guideline does not, in my modest view, do justice to the status of the regulation which the courts have expressly and/or impliedly ruled as an extension of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) under section 37 thereof. (See the decisions in Digital Rights Lawyers Initiative v National Identity Management Commission (Unreported Suit No. AB/83/2020)  delivered on the 15th day of July 2020 by the High Court of Ogun State, per A.A. Akinyemi, J. and Digital Rights Lawyers Initiative v LT Solutions & Multimedia Limited (Unreported Suit No. HCT/262/2020) also delivered by the High Court of Ogun State, per Ogunfowora, J.

On data minimization under article 2.2(b), the Framework is, sadly unclear on which of the provisions of the NDPR represents the principle especially since article 2.1(1)(b) of the NDPR muddles adequacy with the principle of accuracy, the Framework also jumbles consent under the principle of lawfulness with data minimization without making reference to the provision of the NDPR it seeks to clarify. This, with respect, does not help the professional or data subject who seeks clarity on the import of some convoluted provisions of the NDPR.

On the principle of accuracy, the Framework at article 2.2(c), like the NDPR, mishmashes it with the indices of data minimization – "adequate" and partially ignores the message of data accuracy which requires personal data to be updated and/or kept up to date. What is more, the Framework introduces "abuse" into the principle of accuracy at the expense of the principle of integrity and confidentiality.

Article 2.2(d) on retention schedule requires data controllers to communicate data retention schedules to data subjects but one would expect the document to be more explicit as to the modus of compliance. Is this also supposed to be in form of a (privacy) notice or contract or public announcement. For example, how does a data controller inform online visitors of its data retention schedule? It is hoped that further clarity would be given on this.

Surprisingly, article 2.2(e) on confidentiality and integrity is the first provision where cross reference is made to the NDPR albeit it refers to a non existent "article 2" under the NDPR. It is our modest view that, some form of referencing ought to run through the entire Framework to avoid further confusion. Again, the Framework refers to confidentiality as a right while its existence under the NDPR remains unclear, this Framework could have, with respect, done better in resolving this puzzle here.

On its extraterritorial application, the Framework repeats the same legislative "wonder" at article 1.2(b) of the NDPR yet omits to demonstrate how the NDPR will be enforced outside the shores of Nigeria in the light of conflict of laws and extraterritorial limitation of certain laws. Will the NDPR afford me protection anytime I am outside Nigeria even within the regions where, GDPR is, for example applicable?

On exceptions to the NDPR, the Framework at article 2.3 has amazingly created its own provisions outside the NDPR. There exists no provision of the NDPR which this provision of the Framework seeks to implement, hence it is our respectful opinion that, it cannot, outside the NDPR, create its own stand alone exceptions as the only one contemplated by the NDPR is found at article 2.12 with respect to transfer of data to a foreign country.

On compliance, article 3.2(iv) of the Framework offers the regulator an unutilized opportunity to give some clarity on the confusion of privacy policy with privacy notice in the NDPR but it seems this ambiguity will continue for a while.

On appointment of Data Protection Officer (DPO), article 3.4 of the Framework which provides conditions for appointment of a DPO appears to be on a collision course with article 4.1(2) of the NDPR which expressly and mandatorily provides that "Every Data Controller SHALL designate a Data Protection Officer for the purpose of ensuring adherence to this Regulation". How can the Framework for implementing this section validly make exception for some data controllers?

On sample of privacy policy at Annexure B, the Framework suggests that a privacy policy is a contract between data controller and data subjects and that, access to online platforms automatically translates into consent. Although, the law is not settled on the status of privacy policies on a website, this kind of simulation coming from the supervisory authority is a dangerous precedent which, in itself, negates what privacy policies or notices represent, especially since the NDPR does not give such status to privacy policies.
Ultimately on the Annexure C on Countries with adequate Data Protection Laws, what stands out is the Swiss-US Privacy Shield Frameworks of the United States of America!!! For everything NITDA stands for, I will make this excuse on their behalf that, the inclusion of this data protection law is a regrettable error which was not corrected in the draft before the Framework was released.
Following the Schrems II decision of the Court of Justice of the European Union ("CJEU") that invalidated the EU-U.S. Privacy Shield Framework in July 2020, the Federal Data Protection and Information Commissioner (FDPIC), the body responsible for the protection of personal data in Switzerland ruled, on the 8th day of September 2020, that the Swiss-U.S. Privacy Shield Framework in its entirety does not provide an adequate level of data protection for cross-border data transfers to the US.

Flowing from the foregoing, it stands to reason that, if the Swiss supervisory authority could have passed such damning verdict on the law that directly affects it, as far back as September 2020, then it is our modest view that, such should not have found itself in a document released by its Nigerian counterpart in December 2020.

In conclusion, the Framework is not only a right step in the right direction, it is a highly commendable and progressive one which should be timely updated and finetuned with the widespread input of as many stakeholders and technocrats to minimize avoidable errors and oversights before its eventual release to the public.

Once again, I congratulate NITDA for spearheading Nigeria's baby steps in this very essential and highly technical industry.

Dec 6, 2020

Out-of-Court Settlement of Employment Dispute | Kayode Omosehin

There are good reasons to explore early settlement of employment dispute. To cut costs; avoid distractions to the Mgt or other workers; prevent floodgates of future litigation; protect and project a brand with a good corporate conscience.


Whenever settlement is suggested or possible, it should be genuinely pursued and expedited by those who have authority to commit a company. Litigation lawyers should know when the other party is stalling. Sending a low level staff to a settlement meeting is a waste of everyone's time.


In Rasheed v A.C. Ltd, a claim of N300,000 was delayed for 6 years due to a protracted settlement process!

Litigation hardly pays a company. The most enduring discretionary power of a company can be yanked off in just one litigation.

Dec 5, 2020

An Appraisal of the Regulatory Framework for Investment in the Nigerian Agricultural Sector – Uche Matthew and Demilade Odutola


The Nigerian agricultural sector is brimming with massive investment opportunities, across the value chain, for both local and foreign investors, with the current favourable policies of the government aimed at making the sector a viable base of the economy. The development framework for the agricultural sector is captured in the Agriculture Promotion Policy (“APP”) 2016-2020, which sets out strategies for stakeholders to build a sustainable agribusiness economy with the capacity to attain food security, import substitution, economic diversification and job creation.[2] The APP identifies viable investment areas including agricultural production,[3] distribution and supply of production inputs,[4] provision of enterprise specific infrastructure, agricultural produce storage, processing and marketing of farm produce, agricultural research and development, commodity export and agricultural support services. The latest policy also prioritises private sector participation, in partnership with government, as the vehicle to fast track agricultural growth and development. In recognition of the government’s effort to boost investment in agribusiness, this article provides a regulatory guide to agricultural investment in Nigeria.

Revisiting the use of “Injunctions Pending Arbitration” in Nigeria through the Case of Intels v. Nigerian Ports Authority – Abdulkabir Badmos


1.      Introduction

Arbitration is one of the alternative dispute mechanisms recognized by law in Nigeria. Parties, in making their contracts, sometimes have an Arbitration clause that prescribes referral of any dispute arising from the contract to arbitration. It is therefore not unusual to find parties, in response to court summons, apply that a case currently being litigated be stayed pending arbitration. On the other hand, it is uncommon to find cases in Nigeria where a party, who after commencing arbitration proceedings, approach the court for an injunction in aid of arbitration. In this article, the author examines the legal framework for this injunctive relief vis-a-vis the recent decision of the Federal High Court, Lagos per Oweibo, J. in the case of Intels & Anor v. Nigerian Ports Authority.[2]  The writer is mindful of the fact that the decision is currently a subject of appeal hence, this commentary shall be limited to the law, arguments of parties in the matter and the eventual decision of the learned trial Judge. The issues submitted for determination at the appellate court are deliberately excluded from this article while ending the piece with some recommendations for law reform.

Non-domestication of Treaties in Nigeria as a breach of international obligations – Sandra Eke



The rationale behind the signing of international treaties is to foster peace, unity and cooperation amongst member states, each member state is expected to enforce the provisions of the treaties in accordance with the modalities prescribed by their laws. However, some state parties have devised a scheme of ratifying international agreements without taking the necessary internal steps to ensure the enforcement of their treaty obligations, while continuing to derive various benefits from these multilateral arrangements. The stringent requirement of domestication of international treaties before enforceability was introduced into the laws of some dualist state parties like Nigeria, causing a hindrance to the speedy enforcement of treaty provisions and also creating a leeway for member states to evade their international obligations.

A Critique of the Procedure for Enforcement of Monetary Judgment through Garnishee Proceedings at the Nigerian National Industrial Court – Olalere Olaoye



The National Industrial Court (“NIC”) has been listed as one of the superior courts of record in Nigeria by the third amendment to the 1999 constitution. Hence it has full constitutional capacity at par with any High Court in Nigeria.[2] Garnishee proceedings is one of the ways (and a generally preferred one) monetary judgments can be enforced in Nigeria and our jurisprudence is rich with the interpretation of the provisions of the Sheriff and Civil Processes Act, (the overriding and generally applicable law), decided cases and even commentaries of legal scholars and authors.

Dec 2, 2020

Ms. Funke Giwa: NBA President’s Fact Finding Panel Recommends Establishment Of A Framework For The Welfare Of Young Lawyers.



On 26th Nov, 2020, a video of Miss Giwa went viral when her friend and popular comedian, Woli Arole, shared a video to promote her new food business. What caught the attention of many was that Miss Giwa is a lawyer who passed both the Nigerian Law School and her University degree with a 2nd Class Upper grade.


The NBA President, Mr. Olumide Akpata in response to the video and due to his passionate interest on the general welfare of lawyers, instituted a Fact Finding panel to meet with Miss Giwa.


Members of the panel included Mr. Tolu Aderemi as Chairman, Mrs Funmi Roberts as Honourary Member, Mr. Kanu Stephen and Mr. Jonathan Agbo as members as well as the NBA YLF Ibadan Branch Chairman, Mr. Sile Obasa. The members were able to meet with Miss Giwa and her former employers, Mr. and Mrs. Seun Falade, with the aim of identiying how the Bar could be of support to her.


The Committee resolved to report its findings to the NBA President and key amongst its recommendations is whether the NBA should propose an Articleship arrangement and also, the establishment of a framework for the welfare of young lawyers.


The Committee also recommended that upon the conclusion of Miss Giwa’s Masters programme, she should be assisted in getting a lecturing job.




The Legality Of The Social Media And Hate Speech Bill | Freda Odigie

Imagine being arrested for making a tweet on twitter or making an instagram post. The Federal Government is attempting to legalise the prosecution of anyone who they believe posts any statement on social media which they deem as hateful or fake. The “Hate Speech”and “Social Media Bill” have been a major issue for debate ever since the legislative arm of government introduced these billsin 2019 as an attempt to put a restriction to the use of social media in Nigeria. To justify theseproposed bills by the legislature, the President refused to sign the Digital Rights Bill which was a bill to protect the rights of Nigerians in the digital space.

The Future Of Agriculture In Nigeria: From Cutlasses To Drones | Oyetola Muyiwa Atoyebi, SAN


Agriculture largely contributes to the Nigerian economy accounting for over 25% of the Nation’s Gross Domestic Product(GDP), it is also responsible for 30% of the existing employments in the country. However, the country remains behind its counterparts in developed countries as it still relies on crude implements and obsolete technology in the agribusiness, a practice fuelled by Nigerian farmers opting for subsistent agriculture as a means of survival and not with the goal of contributing to the nation’s economy.