The Incursion of Multi- Disciplinary Firms – Any Regulation

by Legalnaija | Aug 16, 2019 | Uncategorized

Many lawyers are quite
unhappy at the high rate of multi-disciplinary firms encroaching into the legal
space to offer services that used to be the exclusive purview of lawyers. For instance,
some banks have begun to offer business registration services to their clients
and also help their customers draft wills. All these while lawyers are still battling
with foreign trained lawyers & foreign based law firms who also seek to
encroach the Nigerian space.

Most certainly, lawyers have
raised their voice against such practices in the past but because there is
really no legislation to this effect, there seems to be no succor for Nigerian
Practitioners. Most certainly the higher echelon of the Nigerian Bar
Association is aware of this intrusions but nothing has been done to stem the
practice.

What however will lawyers like
to see? Legislation to this effect with penalty of fines? What mode should this
legislation take?

Most certainly, these issues
and more will be discussed at the Breakout session of the NBA Annual General
Conference, it will be great for Lawyers to join the discuss in other to
channel a way while facing our future.

Capacity Building in the Oil and Gas Industry – What are the essential drivers to take us there?

by Legalnaija | Aug 16, 2019 | Uncategorized

The Oil and Gas industry in
Nigeria hit a big boom when Nigeria discovered oil. The history of oil
exploration in Nigeria dates back to 1903 when Nigerian Bitumen Corporation conducted
exploratory work in the country, at the onset of World War 1 the firm’s
operation was stopped. 

Towards the end of the 1950s,
more British firms were given a license to explore for oil and now Nigeria has
become one of the largest exporters of oil in Nigeria.

Right now, oil exports
represents the highest percentage of Nigeria’s income and continues to be the
major life blood of the Nigerian economy.

Though, the major players in
Nigeria’s oil and gas industry continues to be foreign companies, there is a
huge cry for an effective local content policy and technological capacity
building especially for SMEs in the sector. 

It is true that human
capital development is undoubtedly the pivot for meaningful programme of
economic development of Nigeria and indeed of any country. Furthermore, in the
absence of substantial investment in the development of human capital in any
country, sustained economic growth and development would only be a mere wish.

It is important to note that
despite the huge investment made by the Nigerian government in the oil and gas
sector of the economy, the GDP growth has remained insignificant which can be
attributed to lack of human capital. Most definitely, this needs to change as
we certainly have to see more human capacity development in the oil and gas
sector.

A number of experts will get
together to discuss the topic at a breakout session of the Annual General
Conference. This is quite important for lawyers to participate in this session
as it promises to be insightful.

@legalnaija

A New Era Of No Boundaries – The IP Age Of Ideas & Solutions.

by Legalnaija | Aug 16, 2019 | Uncategorized

The world is a global
village thanks very much to the development and advancement of technology and
tech colutions all over the world.

Technology is bridging many
gaps and the rate of intellectual properly solutions being created everyday is
amazing. Most certainly Artificial intelligence (AI) cannot be left out of
this.

For instance, the
constitutions of fintech markets to the Nigerian economy is well appreciated as
well as the innovations being introduced in many spheres of life.

With this near creations
however come quite a number of Intellectual Property Rights. These rights are
also unique due to the high level collaborations that make up these
innovations.

Most definitely, science is
evolving and the advancement of new technology will benefit all of man-kind.
Another it’s introduction has certainly caused some disruption in certain
climes. 

Intellectual property comes
from creativity and its forms include Trademarks, Copyrights and Patents.

With the advent of these
inventions will also come the corresponding rights that will accrue to its
owners.

Join the discussion at the
Annual General Conference of the NBA as a session is specially reserved for
this topic. It is indeed important as Lawyers must certainly understand the
roles they play.

@Legalnaija.  

Modern Trends In Evidence : Gathering And Presenting Evidence In The Digital Age.

by Legalnaija | Aug 16, 2019 | Uncategorized

There was a time in the
Nigerian Legal system when the Evidence Act did not recognize the use of
Electronic Evidence. At that time, parties who wanted to introduce electronic
evidence were left at a statement.

However, pursuant to the
introduction and recognition of electronic filing in the amended Evidence Act,
times indeed changed for many Lawyers and litigants alike.  According to the Evidence Act, a procedure for
any party that seeks to tender computer – generated evidence with the innovation
and advancement of technology is important that our legal system also advances
and is not left behind. 

The way our Evidence Act was updated, the culture of
updating our evidence laws must be a continuous one. During the NBA Annual
General Conference, a number of experts will gather to discuss this topic and
show light on some of its ramifications.

These experts include the
learned skills, Roland Otaru SAN, Prof Joseph AMUPITAN san and Hon. Justice
B.B. Kanyip, a Judge of the National industrial court of Nigeria.

It is important that all
legal practitioners, most especially Barristers and Litigators are present to
join the discuss and contribute to advancing our body of Laws.

@Legalnaija.     

The future of the Legal Profession and the regulation of legal practice and practitioners

by Legalnaija | Aug 16, 2019 | Uncategorized

The Legal Profession is one
of the most respected and loved professions. Hence, its regulation is deemed
necessary. The legal profession is guided by rules, principles of engagement as
well as professional ethics. The code of ethics stipulates the standards of
professional conducts expected of lawyers in their relationship with the legal
profession, the legal system and the public.
 

The main legislations that govern
legal practitioners in Nigeria are the Legal Practitioners Act (LPA) 1975 and
the Rules of Professional Conduct (RPC) 2007.

It is unfortunate that both
legislations have been unable to put an end to sharp practices carried out by
legal practitioners which makes a mockery of the administration of justice in
Nigeria. There are legal practitioners who engage in various unethical conducts
in order to win cases. Others maintain an unprofessional relationship with
judges in order to receive favours. Others who are not involved in unethical
conducts resort to filing unnecessary applications and seeking delays through
adjournments in order to the delay the cause of justice. 

The legal profession is
plagued with myriads of problems. One of such is our legislation. The Rules of
professional Conduct does not take cognizance of changes that has occurred in
prevalent times. It failed to address prevalent concepts of legal practice like
advertisement. The Rules merely prohibited it. The LPA is outdated and requires
amendment. Another problem faced in the legal profession is the discipline of erring
members. The Rules of Professional conduct suffers lack of enforcement. The
disciplinary proceedings before the LPDC encounter delays and this makes the complainants
abandon it and also, the fact that non legal practitioners make unnecessary
incursions into law practice. For example, Chartered Secretaries. 

The various issues and challenges
facing the legal profession and the way forward would be discussed at the
Plenary Session of the NBA Annual General Conference scheduled to hold on;

Date:
Wednesday, 28^th August 2019

Time:  14.00 – 15.30

Venue:
Convention Center

Speakers:          

Moderator: Chief Olanipekun
SAN

Panelists: 
Tony Idigbe SAN

                    Prof. Fabian Ajogwu SAN

                    Prof. Sam Erugo

                      

Effective Implementation of the National Legal Aid Strategy (2017 -2022)

by Legalnaija | Aug 16, 2019 | Uncategorized

The incorporation of legal
aid strategy to the Nigerian justice system is one of the greatest innovations
of the Nigerian Legal System. The council was established as far back as 1976
by the Military Government and existed to provide legal aid, assistance and
generally free access to justice to the society’s poor and indigent. The
enabling Act now is the Legal Aid Act 2011. 

Legal Aid is offered to
indigent and economically disadvantaged Nigerians who are unable to defend
themselves in court. So many Nigerians who cannot for any reason whatsoever
afford the services of a lawyer are still unaware of this welcome development.
The importance of legal aid was enshrined under Section 46(4) of the 1999 Constitution
of the Federal Republic of Nigeria. This constitutional provision posits that
an accused person be provided with financial resources with which he can
exercise his right to counsel.

 The Legal Aid has expanded the scope of the
previous statutory mandate of the Legal Aid Council of Nigeria (LACON). In
order to ensure access to legal aid,  the
United Nations Office on Drugs and Crime (UNODC) organized a workshop which was
aimed at developing a five year National Strategy for the implementation of
legal aid in Nigeria. UNODC would be supporting LACON in a number of activities
such as ADR, training in IT and so on. This project is funded by the European
Union (EU) and it is implemented at the federal level and ten states of the
federation which are Imo, Osun, Lagos, FCT, Yobe and so on. 

The question that arises
here include the following: Is five years sufficient to achieve all that needs
to be achieved in the justice sector? What have already been done in 2017, 2018
and towards the half quarter of 2019? What are the challenges encountered by
UNODC? 

The various questions,
issues and challenges of the effective implementation of the National Legal Aid
Strategy and the way forward would be discussed at the Plenary Session of the
NBA Annual General Conference scheduled to hold on;

Date:
Wednesday, 28^th August 2019

Time:  11.00 – 12.30

Venue:
Lantana, Eko Hotel

Speakers:          

Chair: Tunde Ladipo

Lead Speaker: Dr. Uju Agomoh

Panelists: 
Director General, Legal Aid Council of Nigeria

                     Pro Bono and Access to Justice
Committee

           

Operations by Security Agents: Rules of Engagement v. Human Rights of Citizens

by Legalnaija | Aug 16, 2019 | Uncategorized

Crime and security has always
been a major problem in several nations. Nigeria is not an exception to
this.  The protection of a nation depends
on the strength of its security agencies. In Nigeria, several steps have been
taking to curb crime in the federal, state and local government level. Security
agency is a governmental organization which conducts intelligence activities

for the internal security of a nation. For example in America, there is the FBI
(Federal Bureau of Investigation). There is no centralized security agency in
Nigeria. The DSS (Department of State Services) in Nigeria is responsible for
the protection of senior government officials particularly the president and
governors. 

In Nigeria, at the federal
level, security agents comprise the Police, Army, Immigration Service, Customs
Service, DSS, Civil Defense Corps and so on.  There has always been an overlap in the
functions of these agencies. 

The Agency which has been
bothering Nigerians is SARS (Special Anti Robbery Squad). In 2009, SARS found
its way into Nigerian Universities to curb internet fraud and cultism. Ten
years later, that is not what we have today. SARS go against Nigerian youth with
dreadlocks, piercings, expensive cars and mobile phones. This has led to the #endSARS
campaign because of the constant abuse by these operatives. 

The problem with these
security agents including SARS is corruption. They brutalize citizens and get
away with it. Police officers who are to safeguard the citizenry kill because
of bribe. The Constitution safeguards the human rights of every Nigerian. Such
rights include the right to life, the right to the freedom of movement, the
right to personal liberty, and so many others which have been deliberately
ignored by these security agents. The most common is the detention of
protesters by these security agents who have a right to freedom of assembly and
freedom of speech.

The importance of security agencies
to any nation cannot be overemphasized as they are solely responsible for the
security and protection of life and properties in Nigeria. However, a line must
be drawn to ensure that the human rights of citizens are safeguarded while
pursuing their functions. 

The questions that easily
come to mind are: what is the punishment available to erring officers who
deviates from the rules of engagement? What is the thin line between the rules
of engagement and human rights?

The various questions and
issues on operations by security agents and the way forward would be discussed
at the Plenary Session of the NBA Annual General Conference scheduled to hold
on;

Date:
Wednesday, 28^th August 2019

Time:  11.00 – 12.30

Venue:
Lantana, Eko Hotel

Speakers:          

Chair: Chief of Army Staff

Lead Speaker: Stanley Ibe

Panelists: 
Major General Shalangwa (IGP)

                    Ogechi Ogu

                    Security Committee

                                  

A Future Fit Legal & Regulatory Framework For Corporations In Nigeria

by Legalnaija | Aug 16, 2019 | Uncategorized

Corporate Governance is
essential if we would like to see our industries and companies grow in Nigeria.
The advantage of this is that it will promote public awareness of essential
corporate values and ethical practices that will enhance the integrity of the
business environment. Companies essentially must demonstrate a commitment to
good governance practices by increasing transparency, trust and integrity. Also
to creat an environment for sustainable business operations. 

Most definitely, this would
result in building public trust and confidence in the Nigerian economy,
thus facilitating increased trade and investment.

Companies that are run
efficiently and responsibly run will perform very well and ultimately contribute to
strengthening the economy. The forms of companies that had good corporate
governance are all encompassing including public, private and non – profit
organization we must however note that corporate governance is not just about
how a company is directed and controlled but also about how to maximize
performance and ensure accountability to stake holders.

Corporate governance is  increasingly becoming a very significant aspect
of business and organizational management, extending to international politics
and trade Laws.

Major elements of corporate
governance include

1.    
Good board practices.

2.    
Controlled environment

3.    
Transparent disclosure

4.    
Defined stakeholders rights

5.    
Accountability

6.    
Fairness

7.    
Independence

During
the NBA – AGC, many Lawyers will come together to discuss this topic and how to
chat a course going forward.

It
would be great for Lawyers at the AGC to join the session and understand their
rules.

@Legalnaija.

Brexit and African Trade | An #NBAAGC2019 Session

by Legalnaija | Aug 16, 2019 | Uncategorized

With the exit of Britain
from the European Union, now popularly called Brexit, there remains an
uncertainty for the future of Britain especially as it relates to African
Trade, most especially what are the consequences for Africa. 

While there are some schools
of thought which say Post-Brexit Britain will be African’s largest G7 investor,
for many, this may not be the case.

According to the UK’S trade
Commissioner for Africa, Emma Wade- Smith Brexit is an opportunity not a
threat, with Britain poised to improve an existing EU trade agreements and
invest billions in Africans growth. 

Most definitely, Trade
between Africa and the UK is growing, according to figures from the British
office of National Statistics (ONS), UK-Africa trade increased 7% to 33.1BN
Pounds in 2018. More so, according to Jeremy Hunt, British deals in Ghana and
Nigeria worth E82m ($108m).

News that the British
government also plans to put in place a Trade Preference Scheme for
approximately 70 developing countries, which will provide the same level of
access as the current EU Generalized Scheme of Preferences is good news for
African Countries.

Generally, depending on the
general focus of the UK government and ability of Africa nations to prepare for
British investment, the future will hold a number of truths for the African
Continent and the UK.

To be better prepared, nations
in Africa such as Nigeria must begin to position itself as big trading spots
within the continent. Most especially, Nigeria has to begin to see how it can
grow its manufacturing capacity and reduce its imports from foreign countries.

This topic will be
adequately discussed at the upcoming Annual General Conference of the Nigerian
Bar Association.

Quite a number of experts
will be on hand to deliberate the issue and it would be great for lawyers to
learn her roles and how they can better participate in the UK-Africa
relationship.

So what does Brexit mean for
Africa, join the discuss at the AGC.

@legalnaija

Artificial Intelligence in ADR: The changing face of dispute resolution

by Legalnaija | Aug 16, 2019 | Uncategorized

Dispute resolution refers to
the various ways in which parties resolve dispute between themselves. Some of
these forms of dispute resolution techniques include Litigation, Arbitration
and Mediation to mention a few.

However, with the advent of
technology, there has been quite a number of ways with which IT has helped
evolve the various forms of ADR mechanisms.

For instance, with the
introduction of social media, some of the audio and video streaming features of
the application have come in very handy. 

However, it is important to
note that there is another form of technology looking to disrupt the way we
resolve dispute and this is via Artificial Intelligence. 

Right now, there are
applications all over the world that continue to revolutionize the way we
resolve conflicts. Some of these AI inspired tech include the use of bots in
researching the legal position that surrounds an existing dispute and how much
success can be gotten in case the matter is pursued to court.

It is noted that there are
far possibilities of how AI can affect ADR including:

1.
AI could be a tool for the mediator

2.
AI could be an arbitrator and even an adjudicator.

Not all these possibilities
are fully operational but it is great to note that many scientists’ and
stakeholders are doing a lot to drive this agenda.

A number of stakeholders in
the Nigerian space will also be coming together during the NBA-AGC to discuss
how AI can better improve our resolution mechanisms within the country.

It would be great to have a
member of lawyers to join this discuss and participate in the sessions. 

@Legalnaija