Implementing SDG 5 (Gender Equality and Female Empowerment)

by Legalnaija | Aug 16, 2019 | Uncategorized

The Sustainable Development
Goals are a collection of 17 goals set by the United Nations General Assembly
in 2015 for the year 2030 as its target date. The goals are expected to be
achieved in a span of fifteen years.. The goals are broad and interdependent of
each other, yet, they have different targets to achieve. These goals replaced
the Millenium Development Goals (MDGs). 

SDG 5 is on gender equality
and female empowerment. Encouraging female empowerment and promoting gender
equality is crucial to accelerating sustainable development. There need to be
an end to all forms of discrimination against women and girls. Discrimination against
women and girls can be seen in various settings of the country. For example, significant
gaps between men and women in the labour market, discrimination in the
political arena, lack of gender parity in education especially in the North,
disproportionate burdens of domestic work.

The major reason for gender
inequality stems from our cultural orientation that women/girls are the weaker
sex. This is very prevalent in African countries especially Nigeria. Women are
relegated to the role of house wives and is expected to settle for a career
where “she would have sufficient time for the family” as opposed to actualizing
her dreams. In most Nigerian homes, the female and male child are trained and
brought up differently. The girl child is taught to serve and cater for the
needs of her brother.

The manner in which SDG can
be implemented is by ensuring that there is an end to all forms of discrimination
against women, promoting economic empowerment and financing to the woman as
opposed to the belief that the man is the breadwinner, ensuring participation
and leadership in decision making, ensuring women’s autonomy over their health
and body and so on.

The Nigerian government is
to ensure that the sustainable development goal on gender equality and female empowerment
is implemented by way of legislative intervention putting an end to all forms
of discrimination and gender disparity. 

The questions that arises
here is: What is the Nigerian government doing to ensure that SDG 5 is
implemented? 

The various questions, issues
and challenges of the implementation of SDG 5 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:
Zinnia, Eko Hotel

Speakers:          

Moderator: Alhaji Aliko
Dangote

Panelists: 
Herbert Wigwe

                    Dr. Abiola Akiyode-Afolabi

                    Hilary Ogbonna

                      

Maximizing the synergy between the Bar and the Bench

by Legalnaija | Aug 16, 2019 | Uncategorized

To ensure proper
administration of justice, there must co-exist a relationship between the Bar
and the Bench. The kind of relationship in this regard is a professional
relationship only to be seen in the courtroom.  The Bench and Bar are members or parts of the
same body, the justice system. They perform different functions to ensure that
justice is not just done but seen to be done. In the discharge of their various
functions, whatever appears to be adverse to justice must be fought jointly by both
the Bar and Bench. 

On one hand, one way of
ensuring a peaceful co-existence between the Bar and the Bench is to ensure
that the Bar observe the rules of professional conducts when performing their
functions. The Bar is not allowed to file unnecessary and frivolous
applications, must not seek unnecessary adjournment that would cripple the
case. They are not required to abuse or harass the Bench.

The court is the temple of
justice and the Bar and Bench are both ministers of the temple. Their object is
the attainment of justice. The Bench also, in performing his functions is to
show respect and protect the Bar. There are judges who use uncourteous and
uncouth languages when addressing the Bar. 

The question that arises
here is how to maximize the synergy between the Bar and the Bench and ensure a
co-operation amongst these two in the attainment of justice.

The various questions, issues
and challenges of maximizing the relationship between the Bar and the Bench 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:  9.00 – 10.30

Venue:
Jasmine, Eko Hotel

Speakers:          

Moderator: O.C.J Okocha, SAN

Panelists: 
Hon. Justice Otisi, JCA

                    Dele Oye Esq

                    Folasade Alli

                    Ken Mozia SAN          

10 Things No One Knew At Law School – Learning To Practice Or Practicing To Learn.

by Legalnaija | Aug 16, 2019 | Uncategorized

You will agree the education
of a lawyer should not be left only to the Nigerian Law school and continuous
learning is a big part of every lawyers career.

Moreover, this is true
because there are quite a number of things the fresh lawyer is not exposed to
in the law school, these includes

1.     How
to run a Law a firm.

2.     How
to make a law firm profitable.

3.     How
to manage staff.

4.     How
to get briefs and the art of rain – making.

5.     How
to decide a perfect law firm structure.

6.     How
to build a relationship with other members of the bar.

The above mentioned list is
inconclusive as there are a great many things lawyers are not taught in law
school. This brings to the fore, the importance of pupillage in a lawyer’s
career, especially a young lawyers.

As we start to build the
Lawyers of tomorrow, it is importance that we begin to look carefully into
their careers and how to better prepare them for the uncertain future that lies
ahead.

Furthermore, we need to
stress the need for continuous education for all lawyers. This topic has been
set aside to be discussed at a breakout session of the Annual General
Conference of the Nigerian Bar Association.

Many senior lawyers and
erudite panelist will be on hand to share their experience and most certainly
younger lawyers must be in the room to learn from them.

@Legalnaija.

Widening the Tax Bracket : Role of Lawyers.

by Legalnaija | Aug 16, 2019 | Uncategorized

It is no secret that the Nigerian
government is seeking to utilize tax paid by citizens in advancing the country
due to the fact that all citizens are liable to pay the tax.

Furthermore, in this
process, obligation falls to the Lawyer as well – the duty of a legal
practitioner to tax payment can initially be captured by his role as a
Nigerian.  According to S.24 (f) of the
constitution and Section 41(5) of the personnel income tax 1993, which confers
more specific duty on all Legal Practitioners to take the returns of the income
and claims for reliefs and allowances relating to their income and claims for
reliefs and allowances relating to the preceding year within 90 days from the
beginning of the every year. Such lawyer is to obtain and complete the required
forms from the government designated banks and makes payment in line with the
minimum tax payable for his category.

Furthermore, law firms have
an obligation, subject to section 80 of PITA to deduct appointment tax from the
total emoluments of employees and remit same to the relevant tax authority on
or before the 10^th day of the following month.

In addition to the above, firms
also have an advisory duty to clients to submit for assessments, transactions
on sale of assets that attract capital gains tax and issues of stamp duties. All
these and much more would be discussed at the Annual General Conference of the
NBA coming up on between the 23^rd and 29^th of August,
2019.

It is important that lawyers
are on hand to join the discuss and participate. The issues of double taxation
of companies will also be examined at the breakout session and it is important
that all lawyers participate.

See you at the AGC.

@Legalnaija.

Keeping Up In The Creatives: Opportunities In The Sports, Media And Entertainment Industry

by Legalnaija | Aug 16, 2019 | Uncategorized

It is no secret that
Nigerian creatives are one of our biggest exports at this time as a country.
Nollywood is doing an amazing job and so are our artists, our fashion designers
and also our athletes. Moreso, the creative industry is directly responsible
for quite a number of employment figures in the country today.

From names like Davido,
Wiskid, Burna boy, Anthony Joshua, Olu Bakare and Omotola Jalade, their global
trails continue to blaze the Nigerian flag and way of life globally. One thing
the Nigerian creative industry however needs is support. Legal support from the
legal profession and political support from the government to enable them go a
long way.

For instance, the issue of
copyright that has always continue to stifle the industry due to the lack of
adequate government support. For this reason  creatives continue to suffer the harmful
effects of piracy. Obviously, there is a need to reposition the creative
industry in Nigeria and Lawyers have a huge role to play in exposing our
creative to potential markets and helping to structure deals that benefits the
Nigerian creatives.

Certainly, there must be a
gathering of all the Professionals in this space to foster better collaboration
and profitability. During the Annual General Conference of the Nigerian Bar
Association scheduled to hold between the 23^rd & 29^th
of August, 2019, Legal Practitioners will be coming allowing to discuss this
topic.

It would be an opportunity
for Lawyers to come together to draw – up a plan focused on the Nigerian
creative and role of Lawyers in that space. Obviously there are   a member of untapped opportunities in the
Nigerian creative space, for all stake holders including Lawyers and it would
be great to see lawyers deliberate a way to actively take part in the discuss.

Join other lawyers in the
breakout session titled keeping up with the creatives: opportunities in the
sports, media and entertainment industry, it promises to be an amazing time.

@Legalnaija

Rule Of Law Symposium #NBAAGC2019

by Legalnaija | Aug 16, 2019 | Uncategorized

The Rule of Law is a
substantive legal principle. According to the Black’s Law Dictionary, 8^th
edition, Rule of Law is the doctrine that every person is subject to the
ordinary law within the Jurisdiction. It is a doctrine that general
constitutional principles are the result of judicial decisions determining the
rights of private individuals in the courts or under the rule of Law.  There are a plethora of judicial decisions
and the pronouncements which hold the view that the Rule of Law is sacrosanct
and of utmost importance.

The NBA President, Paul
Usoro SAN has also stressed about the Rule of Law in Nigeria. In his address at
the NBA NEC meetings in 20^th June, 2019, the honorable NBA President
stated – ‘’ I  must state that, in my respectful opinion,
the rule of Law lies prostrate in our land in guile some ways and areas ’’. 

The statement of the NBA
President is not far from the truth. We live in a country where the government
led by President Buhari has ignored the rule of Law on various instances and ignores
the fundamental human rights of Nigerians. 
Moreso, the administration has accorded itself the right to pick and
choose which court orders it wants to obey and which it wants to neglect. For
instance, despite the number of court decisions granting bail to the former
NSA, Dasuki, the DSS has totally refused to obey the order, this without any
regret or remorse from the government.

The security agencies are
also not left out of the discuss as the inhuman treatment of Nigerians
continues to be a part of our daily lives as a Nation. Recently we were also
not surprised to learn about the attack of citizens by members of the security
agencies for having a peaceful protest. As Legal practitioners, it is important
that we rise up to our role as priests in the temple of Justice and the
guardians of the Rule of Law. We cannot continue to sit idly by as the Rule of
Law is eroded by any government that does not care about the civil liberties
and freedoms of its citizens.

As lawyers get together to
discuss these topic at the upcoming Annual General Conference of the Nigerian
Bar association. It is important that all lawyers and stakeholders participate
in the discussions to create ways by which we can jointly ensure that our lives
matter and the rights of every Nigerian under the Constitution must be
adequately protected. Join the discussion and hope to see you there.

@Legalnaija.

Law Firm Management: Financial Skills 101 #NBAAGC2019

by Legalnaija | Aug 16, 2019 | Uncategorized

Managing a law firm is an
art and as many would agree this art was not taught in Law school. One more
important point is that, great Law firm management can be what makes the
difference between a great Law firm and a mediocre one.

A popular aspect Law firms
must also concentrate on is having adequate financial skills as a form of Law
firm management. Being able to ascertain how much comes into a Law firm
periodically and keeping proper records will help catapult a Law firm into a
profitable one.

Financial skills will help a
Law firm keep a proper Legal practitioner’s account and ensure such firm does
not run afoul of the Rules of professional conduct. Furthermore, it should be
noted that Legal practice management is the body of the knowledge that deals in
the organization, work practices and management of Law firms.

It covers the recruitment of
staff and the provision of machines, equipment and supplies necessary for
running a Law firm. It includes the selection of office accommodation and the
facilities that must be available in a Law office. It also encompasses the
vocational skills that every Practitioner must possess.

From the above, it is
obvious that Legal practice management skills combine the Legal practice skills
and management skills, which are both essential for engaging in Legal practice.
Most certainly this is an area of Law that must interest Lawyers as it is
crucial to advancing  in one’s Legal
career.

During the NBA Annual
General Conference, this topic will be discussed extensively by lawyers at the
session. It will an amazing opportunity for Lawyers to learn about developing
their Law firms and careers. The session is a workshop session and it would be
amazing for all delegates who attend.

@Legalnaija. 

        

Social Media: Culture, Liability & Professional Ethics #NBAAGC2019

by Legalnaija | Aug 16, 2019 | Uncategorized

One of the greatest inventions of the modern time
is the internet whose impact on society has been hugely phenomenal. With the
internet, came social networks such as Facebook, WhatsApp, Twitter and
Instagram just to mention a few. All these collectively are referred to as
social media.

Social media are interactive computer-mediated technologies that
facilitate the creation and sharing of information, ideas, career interests and
other forms of expression via virtual communities and networks.  Social
Media has changed the way we communicate and relate with one another. It
enables you stay connected to people who may be thousands of miles away in real
time and allows us connect with others directly irrespective of location
anywhere in the world.

The
Global State of Digital 2019 report discovered that there are 98.39 million
internet users in Nigeria, compared to January 2018, there has been a 4 million
increase in the number of internet users.Despite this increase, overall
internet penetration remains quite low, with only 50% of the population
connected to the internet, compared to the global average of 57%. Of the 98.39
million Nigerian internet users, 54% access the internet on a daily basis while
only 12% (24 million) have active social media accounts. The report also found
that 3 hours 17 minutes is the average amount of time Nigerians spend using on
social media. This is higher than the global average, which is 3 hours 14
minutes.

It is
the position of law that every Nigerian is entitled to freedom of expression
and with the advent of social media and the growing number of  its users
within the country, there are numerous opportunities open to everyone to
express themselves. However, with this opportunity comes great responsibility
as many are familiar with the damage that can be caused by fake news. It is
important to note that everyone will be held accountable for the information
they share and it is important to note that a careless post on any social media
platform can incur grave consequences and liabilities. For instance, one must
ensure that a social media post is not defamatory in nature.

For
lawyers however, social media holds other problems asides being liable for
defamation and sharing false information. Due to their professional training,
lawyers are already mindful of what they say and where they say it, the Rules
of Professional Conduct (RPC) for lawyers in Nigeria places restrictions on the
use of the media and no one would want to breach the RPC for fear of the
effects it may have on their professional careers.

However,
Social media is not just a place to show off your thought
leadership in the legal world. It can also be a crucial place to engage
with your potential clients. As law firms directly communicate with the
communities they serve, social media becomes a natural way to reach people in
need and acquire new clients.

With
the high rate of internet penetration in the country and the growing use of
social media. Every business must aggressively employ the use of social media
to reach its targeted audience and market. Social media is a two-way channel
where you have an opportunity to build a rapport with your clients and
prospects.

At the
NBA – AGC, this topic will be discussed in one of the break out sessions, it is
hoped that you would be present to join the discuss.

@Legalnaija

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Impact of the African Continental Free Trade Agreement on the Future of Air Travel in Africa

by Legalnaija | Aug 16, 2019 | Uncategorized

The African Continental
Free Trade Agreement is a trade agreement which was signed in Kigali, Rwanda by
27 African Union member state. As at July, 2019, 54 countries have signed the
agreement. The signing of this treaty is to create the world’s largest single
market. 
I


The agreement would be the largest trade agreement in history and would
bring about economic prosperity of African nations removing barriers to trade,
like tariffs and import quotas thereby allowing a flow of goods and services. 

Africa is set to become
one of the fastest growing aviation regions in the world. While it is evident that
aviation in Africa has the potential to increase economic growth, poor
infrastructure and hike in ticket fares is one of the many challenges the African
aviation industry. Air travel within Africa is difficult. This trade agreement would
assist the aviation industry by driving down airfares in Africa and there are
also plans for visa-free travel for Africans across the continent. Some countries
have worked towards relaxing visa rules, for example, Ghana, Kenya, Namibia and
so on.

Most airlines in Africa
have been performing poorly over the years and it has caused a number of these
airlines to privatize the industry. Uninformed interference by the government
has undermined the success of these airlines. For example, the history of FGN
involvement in the aviation industry proves that Nigeria is at a competitive
disadvantage. With the African Continental Free Trade, there would be a unified
air transport market. The free trade pact offers Africa an opportunity to build
a formidable market in the aviation industry in these unsettling economic times.

The question that needs to
be answered in this regards are as follows: how would ACFTA improve infrastructure
and liberate the aviation industry? What are the any challenges that ACFTA
would pose on the aviation industry?

The various questions,
issues and challenges of ACFTA  on the
future of air travels in Africa  and the
way forward would be discussed at the Plenary Session of the NBA Annual General
Conference scheduled to hold on;

Date:
Tuesday, 27^th August 2019

Time:  11.00 – 12.30

Venue:
Jasmine, Eko Hotel

Speakers:          

Moderator: Ajibola Dalley

Panelists: 
Tarek Badawy

                    Allen Onyema

                    Rene Decurey

                    Captain Boyo                

Family Law Dynamics in the Face of Current Realities of the 21st Century

by Legalnaija | Aug 16, 2019 | Uncategorized

Family
law gives birth to several key issues like divorce, nullity, adoption, custody
of children, cohabitation, spousal rights and so on. Family law in Nigeria is
regulated by several laws which are the Matrimonial Causes Act 1970, now Cap.
M7 LFN 2004 which regulates marriages, breakdown of marriages and the welfare
of children, The Child Rights Act 2003 which has been adopted by several states
and it covers matters related to adoption and welfare of children. 



In 2012,
Lagos State enacted the family law rules pursuant to the Child’s Right Law of
Lagos State. The rules simplified procedures on custody, guardianship and
welfare of children. Others include the Maintenance Orders Act 2004, The
Married Women’s Property Act 1882, the Law against Domestic Violence in Lagos
State, Same Sex Marriage (Prohibition) Act 2013.

Family
law is not fully developed in Nigeria in contrast with other jurisdictions as
there are several lapses in our laws pertaining to emerging issues like
surrogacy and pre-nuptial agreement. 

Under
the Nigerian Law, the only ground for dissolution of marriage is that the
marriage must have broken down irretrievably. There are several factors under
this provided in Sections 15 and 16 of the MCA. These provisions are fault
based, that is, fault must be alleged and proved by the party seeking
dissolution of marriage. For example, adultery, persistent refusals to
consummate marriage and so on. However, there are situations where the
petitioner need not allege fault. For example, where the parties have lived
apart for a continuous period of two to three years. 

In
Nigeria, in some cases, the courts have refused to dissolve parties’ marriage.
This act is alien to the western world where divorce is a norm. This was seen
in the case of Ubi Franklin and Lilian Esoro where the court held that their
reason for divorce was invalid. Should Nigerian Courts refuse parties
willingness to dissolve their marriage?

On
the issue of adoption, the procedure is cumbersome as the adoption process
takes time to complete. The procedures and documents to be submitted is stipulated
in the Child‘s Right Act 2003. Adoption in Nigeria is not so common in contrast
with other jurisdictions and as a result, the process is highly regulated and
less cumbersome. Why should families be required to go through cumbersome
processes to adopt a child?   

Another
controversial issue on family law is on spousal rape. Is it possible for a
husband to rape his wife and vice versa? Are there any laws in place regulating
this?

The various questions, issues
and challenges of family law and the way forward would be discussed at the
Plenary Session of the NBA Annual General Conference scheduled to hold on;

Date:
Tuesday, 27^th August 2019

Time:  9.00 – 10.30

Venue:
Iris, Eko Hotel

Speakers:          

Moderator: Hon. Justice
Elsie Thompson

Panelists: 
Kikelomo Ayeye

                    Abdulraman Mohammed

                    Chioma Onyenucheya – Uko

                    Taiwo Akinlami