HIGH COURT OF LAGOS STATE SETTLEMENT WEEK

HIGH COURT OF LAGOS STATE SETTLEMENT WEEK

From the 1st 
to 5th of December, 2015, the Lagos State High Court will be having its
settlement week. This is a period in the legal year where the Court earmarks
cases which it believes can be settled amicably by the parties and these cases
are forwarded to the Lagos Multi-door Court House which is also in the High
Court complex in Igbosere, Lagos. The LMDC offers Alternative Dispute
Resolution mechanisms free of charge and all litigants are advised to confer
with their counsel on how to take advantage of the settlement week. 

The Lagos
Multi-Door Courthouse
(LMDC)
was established on June 11, 2002, as a public-private partnership between the High Court of Justice, Lagos
State and the Negotiation
and Conflict Management Group
(NCMG), a non-profit private organization. The
overarching objective of The LMDC is to facilitate dispute resolution within
the Nigerian Justice System.
Section 3(1)(8) of the Lagos Multi-door
Courthouse Law states one of its objectives as to promote or undertake projects
or other activities including but not limited to the settlement week which will
further assist in decongesting the courts and help to achieve. 
There are so many legal issues that can be
resolved through ADR including; banking and insurance related disputes;
landlord and tenant matters; property disputes; debt recoveries; libel and
slander; administration of estate; employment disputes; construction disputes; accident
and tort; medical negligence; contracts enforcement; family disputes;
succession disputes; and small claims etc. 
For more information, you may visit www.lagosmultidoor.org.
Adedunmade Onibokun, Esq
@adedunmade
NBA YOUNG LAWYERS FORUM ANNUAL SEMINAR 2014

NBA YOUNG LAWYERS FORUM ANNUAL SEMINAR 2014

BRIEF FACT ABOUT YOUNG LAWYERS’ FORUM (NBA-YLF).
The NBA young Lawyers forum is a platform for dynamic and resourceful lawyers within the post call bracket of 1-7 years, who are striving to make a difference in the legal practice. Bearing in mind that the NBA is the umbrella body of all lawyers in Nigeria, its operational structures include the young lawyers forum.

The underlying objective of the forum is to articulate the welfare of young lawyers and address the issues concerning their welfare and professional development.
These challenges range from undermining perceptions, economic decline to increasing competitive environment and limited opportunities for the latent potentials of young lawyers to thrive. These and many more affect the chances of a progressive career growth of the young lawyer. 
To address these challenges, young lawyers established the Nigerian Bar Association – young Lawyers’ Forum (NBA-YLF) in 2006 under the leadership of the then honourable NBA president OLISA AGBAKOBA S.A.N.
The Forum is steered by YLF-Governing Council appointed by the NBA national executive with its headquarters at the NBA Secretariat Abuja for a term of 2years.
The branches of NBA nationwide also have the mandate to inaugurate and appoint the credible and worthy members of the forum into the executive council of young Lawyers Forum. The various offices into the Forum executive are:
1 .The chairman
2. Vice chairman
3. Secretary
4Treasurer
5. Financial-secretary 
6. Publicity Secretary
The terms of reference of the executive apart from the general mandate of articulating issues concerning Young Lawyers welfare are set out in the Forum Bye Laws. 
 
Issa Adedokun Esq. Is the current Chairman of the NBA Young Lawyers’Forum, Ikeja-Lagos.
INVITATION TO THE BRITISH NIGERIA LAW FORUM CHRISTMAS PARTY

INVITATION TO THE BRITISH NIGERIA LAW FORUM CHRISTMAS PARTY

This is to notify the general public that the British Nigeria Law Forum (BNLF) Christmas Party will take place on 19th December, 2014 at 805 Restaurant (Annex) 817 Old Kent Road, London SE15 1NX.​

Tickets are on sale now at  Eventbrite:
http://bnlf-christmas-party-2014.eventbrite.co.uk
For details contact: 
Vivien Aghimien
BNLF Administrator
c/o Edward Wildman Palmer
Dashwood House
69 Old Broad Street
London EC2M 1QS
Fax: +44(0)2073537377
  Website: www.bnlf.org.uk
PLEASE NOTE THAT SPACES ARE LIMITED SO PLEASE BOOK YOUR PLACES AS SOON AS POSSIBLE.


 

COMMISSION ON STOCK MARKET TRANSACTIONS NOW EXEMPTED FROM VAT

COMMISSION ON STOCK MARKET TRANSACTIONS NOW EXEMPTED FROM VAT

credit – theeagleonline.com.ng
  Introduction
 The Value Added Tax Act (“VAT Act”) has been amended to exempt commissions on capital market transactions from VAT through the Value Added Tax (Exemption of Commissions on Stock Exchange Transactions) order 2014 (Order). The Order was published in a gazette dated 30 July 2014 and signed by the Coordinating Minister for the Economy and Honorable Minister of Finance. This is in line with the VAT Act which empowers the Minister to amend, vary or modify the VAT exemption list in the First Schedule to the VAT Act.

This further supports the government’s commitment to the development of the capital market since the issue of the Companies Income Tax (Exemption of Bonds and Short Term Government Securities) Order, 2011 and the Value Added Tax (Exemption of Proceeds of the Disposal of Government and Corporate Securities) Order, 2011.
The Exemption
The following commissions are exempted under the new order:
  • Commissions earned on traded value of the shares,
  • Commissions payable to the Securities and Exchange Commission (SEC),
  • Commissions payable to the Nigerian Stock Exchange (NSE); and
  • Commissions payable to the Central Securities Clearing System (CSCS)
credits – theeagleonline.com.ng
Commencement date and duration of the Exemption
The commencement date of the Order is 25 July 2014 and would be in force for five years from the date of commencement. This means that the exemption would expire on 24 July 2019 unless it is further extended by the Minister. Given that the Exemption Order was not made public on time, any VAT already paid on the exempt transactions should be claimable via adjustments in subsequent VAT returns.
Economic effect of the Exemption
VAT is an indirect tax and therefore it is borne by the final consumer. In relation to capital market transactions, any VAT charged on commissions was passed on to issuers and investors as the case may be. Given that VAT on services is not claimable, the cost is borne by the payer. With this exemption, it is expected that capital market transaction costs will benefit investors. The removal of VAT is expected to bring down the average cost of transactions on the stock market to about N24 .7 million on daily basis. For instance, for five day trading ended  on the 2 October 24, 2014, total volume of transactions exchanged on the exchange was 1,412,69,835 shares. So, averagely, on daily basis, NSE records 282,593,967 shares, indicating that investors pay about N24.726 million as VAT for selling their shares. The exemption would also reduce compliance costs for operators such as stockbrokers and the regulators in accounting and remitting VAT to the Federal Inland Revenue Service (“FIRS”).
Conclusion
The purpose of the exemption is to encourage more trading in securities and ultimately reduce the cost of transactions for investors, and encourage investments in the Nigerian capital market. However, it is expected to be in force for five years. Investors can therefore take advantage of the exemption.

By: Sogo Akinola
Sogo Akinola Nathan is
a young commercial lawyer at GbengaBiobaku and co. He specializes in Taxation,
oil and gas law and Real Estate. He is a graduate of ObafemiAwolowo University
and the Nigerian Law School. He is a member of the Nigerian Bar Association and
a member of the Association of Young International lawyers and  Young International Arbitration Group and also
an intending associate member of the Chartered Institute of Taxation of Nigeria

SUCCEED WITH LEGAL WRITING by Senator Ihenyen

SUCCEED WITH LEGAL WRITING by Senator Ihenyen

Today, there is little or nothing a lawyer can do without writing; for judges, absolutely nothing. Writing well is the most critical and yet the rarest skill in law. To succeed in the legal profession, writing well is key.

 In his book, Legal Writing Fundamentals (2014), Chinua Asuzu, the CEO of the Write House and expert in legal writing, puts it this way: “Today’s legal world is writing-biased. Written argument is required at trial and appellate courts. Writing also dominates arbitration and alternative dispute resolution.”

Everyone needs sound training in legal writing. But most lawyers and judges do not think so. Many senior lawyers, particularly, don’t think they need any legal-writing training. At best, they recommend it to their junior colleagues. “Who needs legal-training at this stage!?” one senior lawyer within the premises of the Lagos State High Court, Igbosere, once remarked dismissively.
But do you know that most lawyers who think they write well do not? Carl Felsenfeld, a learned writer, eloquently wrote in a U.S. Business Law Journal, “Lawyers have two common failings. One is that they do not write well, and the other is that they think they do.”
In Nigeria, the foundation for sound legal writing has never been strong. Only a negligible number of Faculties across the country teach it. Most law teachers lack the skills required to train law students–even in the Law School. 
As a pioneer writer, teacher, and consultant on legal writing in Nigeria, Chinua Asuzu believes that “…this (the lack of legal-writing training) is not a recent deficiency, Nigerian lawyers at all levels (including judges, legal-department heads, partners, professors, and SANs) generally write poorly.”
Well, now you know.
International best practices now require lawyers to prepare legal documents in clear language. It’s high time lawyers embraced open communication with their clients. This enables lay clients, readers, or users easily access legal documents. It’s important that they do. We need to realise that law is not just for lawyers alone. Law is for everyone. And it’s good business to write well. It’s like dressing smart, and more.
Writing well is like making good music, elegantly and beautifully. If music is the food of love, words must be the food of law. And what is music without being played; what are words without being written. A fine musician must play beautifully; a sound lawyer must write elegantly.
And if she is diligent in her craft, she will stand before kings.

And this is why I am proud to be part of the The Write House team. Since 2012, the legal-writing consuting and training firm has been filling the writing gap in Nigerian law. As Africa’s frontline team of legal-writing coaches, consultants, experts, mentors, and teachers, our experience has been that lawyers, judges, and legal personnel trained in legal writing benefit immensely. It improves the chances of professional success.
To succeed with sound legal writing, you need to acquire relevant skills. Mainly culled from The Write House Corporate Profile, I list 5 career-enhancing benefits of legal writing training as follows:
Legal writing training enhances your efficiency. For organizations, legal-writing training is sound economics. It improves economies of scale by enhancing efficiency and utilization. Fewer hands will complete more tasks in fewer hours.
It deepens your branding, credibility, employability, and ethos. For both individual attorneys and organizations, legal-writing training deepens branding, credibility, employability, and ethos. Good writing is directly proportional to good business manners, professional image, and brand differentiation.
Legal-writing training helps you write clearly and effectively, commanding respect. 
Trainees learn to prepare legal documents in plain English, dropping the legalese and verbosity that plague much legal writing. Refreshingly clear legal writing retains the majesty of legal language and commands the respect of modern readers.
It improves your expressive and persuasive skills. Express yourself and persuade effectively. Our training boosts trainees’ expressive capacity and persuasive force.
It exposes you to international best practices in legal writing. Heads, HR departments, and partners in law firms and legal departments should assess writing skills of applicants for legal positions. They cannot conduct this assessment unless they themselves are exposed to international best practices in legal writing, as  taught by The Write House.
Legal writing is an art. It is also a science. Excellent legal writing skills does not only give you an amazing competitive edge; it best assures a successful legal career.
Senator Ihenyen
Profile
Senator Iyere Ihenyen is an Associate at Assizes Lawfirm and The Write House – www.writehouseng.com. Senator practices in Lagos. He enjoys writing. He has special interest in Intellectual Property and Information Technology, two areas he writes on at Nigerian Law Today as a founding contributor. Senator can be reached at senator@writehouseng.com

OPINION: EBOLA – THE NIGERIAN STORY by Oluwasegun Otebola

OPINION: EBOLA – THE NIGERIAN STORY by Oluwasegun Otebola

A 40-year old gentleman went into First Consultants Medical Centre Limited at 16/24 Ikoyi Road, Obalende, Lagos Nigeria, on Sunday 20th July 2014 with symptoms suggestive of Malaria (Fever, headache, extreme weakness) and he was attended to by Dr.A.S.Adadeveoh, a senior medical consultant in the hospital. He was fully conscious and gave his clinical history; he identified himself as Patrick Sawyer, a Senior Diplomat from Liberia. 

Laboratory investigations confirmed malaria whilst other test for HIV, Hepatitis B&C were negative. He was admitted and treatment commenced. However, due to the fact that he was not responding to treatment. but rather was developing hemorrhagic symptoms the hospital further questioned him. He denied having been in contact with any persons with EVD (Ebola Virus Disease) at home, in any hospital or at any burial. 

In spite of this denial the hospital immediately decided to conduct further tests for possible Infectious Hemorrhagic Disease, especially Ebola Virus Disease, based on the fact that he was a Liberian citizen and the recent outbreak of EVD in that country, he was quarantined and refused exit from the hospital, the initial test results from Lagos University Teaching Hospital (LUTH) laboratory indicated a signal of possible EVD, but required confirmation. 
Working jointly with the State, Federal Agencies and International Agencies, the hospital was able to obtain confirmation of EVD (ZAIRE STRAIN), (W.H.O. Regional Center Lab-Senegal/Redeemes lab/ Lagos University Teaching Hospital (LUTH) Laboratory, but the gentleman subsequently died on Friday 25th July, 2014 at about 6.50am. the hospital was shut down temporarily while in house patients were immediately evacuated, the appropriate professional removal of the body and its incineration under W.H.O. guidelines witnessed by all appropriate agencies was also carried out. 
In keeping with W.H.O, guidelines, the hospital was shut down briefly as full decontamination exercise is currently in progress W.H.O. Guidelines. It was later confirmed later by the Vice President of ECOWAS, Dr. Toga Mcintosh, that Sawyer did in fact flee medical watch placed upon him after his sister’s reported death, Mcintosh said, “because he had contact with somebody who died from Ebola, he was quarantined in his own country, but he evaded the quarantine and came to Nigeria.”
It was not long after the Ebola virus had landed at the Lagos airport on July 20 in the person of Patrick Sawyer, a Liberian national and naturalized American citizen who had fled the Liberian capital Monrovia due probably to hope of a better treatment in Nigeria, who died five days later, by which time others had been infected, whereupon the Lagos state government, in collaboration with federal authorities, was quick to promulgate the message: Avoid physical contact, wash your hands frequently, and leave it to professionals to handle the dead. Myriad of radio and television stations broadcast the warnings; it becomes common to find hand sanitizer at the entrance of many companies for usage by customers and clients of those organizations, all available social media were put into use to ensure every segment of the country is reached, the authorities also asked churches and mosques to spread the news. (Most Nigerians are profoundly religious, and even many nonbelievers attend services, compelled as often as not by neighborly tradition rather than pietistic pressure. 
At the seaport, medical personnel were positioned to ensure that members of crew of any ship coming into the country are checked using the infrared thermal detectors and other medical apparatus right inside the ship before coming down just to ensure none of them is a carrier of the disease and this is done at every point of entry into the country. 
Working from the airline passenger list and hospital patient information, the authorities were quickly able to develop a comprehensive list of those who came into contact with Mr. Sawyer, and sent medical workers to locate those who might have been exposed to the virus. Some 200 people were put under observation until the 21-day incubation period had passed.
The government wanted to avoid the panic and mayhem that occurred in Liberia and other ebola ravaged countries, it is important to say here that the speed and efficiency with which the Lagos State authorities reacted was exemplary. It seems as if the virus has been contained in this city of more than 20 million people. Agence France-Presse later confirmed that 320 people suspected of exposure to the virus have been certified clear and released, and that another 41 remained under surveillance. 
The federal Government immediately declared public health emergency and released 1.8 billion Naira for intervention, which is about 11 million U.S Dollars. The authority also commenced the screening of all inbound and outbound passengers as precautionary measure to check the spread of Ebola, there was installation of infrared thermal detectors at four point-of-entry to track infected persons coming into or going out of Nigeria, the government also disallowed further repatriation of corpses from the three-worst hit Ebola countries in West Africa, appealing as well to passengers coming into Nigeria to provide honest details of their health status when completing immigration and customs forms. 
Five thousand U.S dollars worth of medical screening equipment was donated to Nigeria by the United States to be used at the Murtala Mohammed Airport in Lagos as part of her contribution to help in the fight against the virus.  Partnering with Wellcome Trust, the Dangote Foundation entered into a £40m investment deal in African for research into EVD. Banks and several organizations started taking precautionary measures to curtail the spread of the deadly virus as well as hand-washing sensitization going around the country. There is no doubt that quick action by the authorities has generated a broad sense of civic responsibility. Even the federal government appears to have taken an atypically responsible approach and the United Nations officials also praised the way Nigeria has handled the threat so far. Mr. Jeff Hawkins, the US consul-general in Nigeria, expressed satisfaction with the timely response of the Nigerian government to the contagious disease since its importation into the country by Patrick Sawyer. He commended the measures already in place at the Lagos airport.

Nearly 400 persons were put under surveillance in Port-Harcourt, the Rivers State capital (an oil rich state which is a home to many multinational companies and expatriates),   for signs of Ebola after they came in contact with a Port Harcourt doctor, who died of the disease when a suspected carrier escaped from a Lagos isolation ward, the doctor died of Ebola on Aug. 22, according to the World Health Organization. The doctor’s wife was flown to Lagos for treatment with her three-month-old baby, which confirmed three cases of Ebola infection in the city. Dr. Abdulsalami Nasidi, project director at Nigeria Centre for Disease Control, said in an interview with Reuters in Geneva, that more isolation wards were being opened in the oil industry hub but voiced confidence that there would not be “many cases” there.
In her bid to stamp out the virus earlier, Nigeria had made an appeal to the United States for the experimental drug(Zmapp) to be used for some of the confirmed cases but was refused based on the submission that the drug is not available, the ebola survivors in Nigeria were therefore not treated with any experimental drugs, but contract tracing and early identification of cases were managed by isolating the patients and replacing fluids and electrolytes, and in some cases, blood transfusions were said to be necessary.
The Nigerian Health Minster, Dr. Onyebuchi Chukwu, later submitted that WHO sent physicians to Nigeria to train Nigerian Physicians. In his words “We’ve never seen a single case of Ebola virus until this year. So we needed someone with practical experience who had seen the virus to come and train our doctors what to do and the rest, and then we took over.”
“It is important that we let the world know that WHO did well in sending us doctors with practical experience, said Dr. Chukwu. “But we also worked with the CDC, UNICEF, and MSF in managing the disease.He further stated “Three terms became part of our lexicon: surveillance, quarantine, and isolation.” But these need to be clearly explained, said Dr. Chukwu. Surveillance is carried out on people who may have had contact with someone who has contracted EVD and it is sort of like house arrest. You don’t criminalize them. The person is actually a victim, not a criminal. The persons’ movements is being monitored, the rest of the family are counseled about what contact can and can’t be done. Health officials have contact with them everyday.
Only when those under surveillance show symptoms – a fever, whether it ends up being Ebola, yellow fever, or malaria – they are put under quarantine. That is the first time they deny such individual the comfort of his own bed. They put him in separately from the isolation ward from those who are confirmed. If malaria, we discharge them to their doctor to be treated for malaria”.It is only in confirmed cases that such persons are placed in the isolation centre, and the necessary medical treatment applied.
I would not have done well if I fail to state here that contrary to many persons belief and especially non Nigerians from outside the country, the Nigerian government right from the outbreak of the EVD this year in Africa and till date, did not has not and I belief is not planning to close her border (Land or sea) or stop flight from the Ebola ravaged country, as a measure to prevent another importation of EVD, which some African countries believed is the right step towards the fight against the deadly disease. Nigeria rather in her continuous bid to lead Africa and to win the war against EVD has donated $3.5 million USD and is preparing to send about 591 trained health practitioners to the Ebola affected countries in West Africa.

In all, I think Nigeria won and is winning the war against the pandemic disease through immediate response to series of alert from government and a responsive government that rose up to the challenge of the disease; having seen what EVD is capable of doing to any country where it is not taken seriously, eventually there were 19 confirmed cases of Ebola in Nigeria and the country has a record of 12 survivors.

QUALIFICATION FOR CONTESTING ELECTIONS INTO THE NATIONAL ASSEMBLY

QUALIFICATION FOR CONTESTING ELECTIONS INTO THE NATIONAL ASSEMBLY

The Red Chamber
This is the 3rd
article in a series of posts informing about the constitutional requirements
for contesting elections in Nigeria, the first article was on the
constitutional requirements for contesting presidential elections in Nigeria while
the second was on contesting Governorship elections in Nigeria. This post
however will be treating the constitutional requirements for contesting
elections into the National Assembly. 

You will find the provisions of
the law relating to this issue in Sections 65 – 79 of the Nigerian 1999
Constitution. One is qualified for election as a member of the Senate, if he/she
is a citizen of Nigeria; has attained the age of 35 years; has been educated up
to at least School Certificate level; is a member of a political party and is
sponsored by that party. It’s pretty much the same qualifications for
contesting in the House of Representatives, except that one must have attained
the age of 30 years to be qualified to be a member of the House of
Representatives. 
The Green Chamber
  Furthermore, the following Persons
are disqualified from being members of the National Assembly;   
  • persons who have voluntarily acquired the citizenship
    of another country; 
  • is a lunatic;
  •  is under a death sentence; 
  • has been convicted
    of an offence involving dishonesty in 10 years preceding the election or
    breaching the code of conduct; 
  • is an undischarged bankrupt; has been indicted
    of embezzlement or fraud; is a member of a secret society; or has forged a
    certificate to INEC .

For the purpose of Senatorial elections,
INEC shall divide each state into 3 senatorial districts and 360 federal constituencies
in respect of elections into the House of Representatives. INEC is charged with
appointing the date for the elections and every Nigerian who has attained the
age of eighteen years shall be entitled to be registered as a voter for the
election provided that he/she resides in Nigeria at the time of the
registration of voters for purposes of the elections. 
Adedunmade Onibokun, Esq
@adedunmade