THE AFRICAN LAW FIRM STRATEGIC GROWTH CONFERENCE 2020 VIRTUAL CONFERENCE: DELE ADESINA SAN IS TRULY DETERMINED TO SECURE THE FUTURE OF THE BAR

THE AFRICAN LAW FIRM STRATEGIC GROWTH CONFERENCE 2020 VIRTUAL CONFERENCE: DELE ADESINA SAN IS TRULY DETERMINED TO SECURE THE FUTURE OF THE BAR

It is no longer news that ESQ Practical Academy organized a virtual conference on the 28th April 2020 and Deacon Dele Adesina SAN who believes the future of the Nigerian Bar lies in Young Lawyers, sponsored several old and young lawyers out of his magnanimity to benefit from this conference, particularly the interesting segment of how lawyers can become virtual and embrace ce the e-lawyering skills in view of the arrival of web-based technologies and the current coronavirus (COVID-19) pandemic ravaging the world economy.
COVID-19 has a ravaging effect on the world economy and its intense and rapid spread forced most countries of the world to enforce a lockdown of every aspect of their economy including the legal profession.
The legal profession is not free from the lockdown and this made it very difficult for many lawyers to operate because the legal practice has been confined to the four walls of the firm (with files and research majorly conducted in the law library filled with avalanche copies of books and law reports) and the court (which obviously has no method of e-filing system).

As a young lawyer who benefitted from this sponsorship by Dele Adesina SAN, the conference was facilitated by senior legal practitioners across the world that are well exposed to the practice of law in Nigeria and other countries, from whom I learnt and understood the following lessons:

E-lawyering method should also developed: lawyers should take the opportunity of the lessons from the Conference and the Covid-19 lockdown not to be confined any longer to the firm’s walls but practice anywhere irrespective of time and distance with the use of web-based databases and software system to interact with clients and prepare required processes.

Another important lesson is that law Libraries should embrace a virtual practice and take a new dimension. It is no longer a case where legal practice depends heavily on library printed information resources but e-lawyering approach that depends on electronic information resources such as e-portals, web-based computing devices, online databases and social media. Virtual libraries, that is, online libraries should be adopted where you practice law without necessary flipping through the pages of physical law reports before a well-researched brief can be written.

*Online clientele*: During this lockdown lawyers have been able to render little or no service at all, there are many clients who are seriously in need of the services of lawyers but due to distance and the lockdown there is no way to get the service required as the four wall lawyer cannot access his bricks. This is where E-lawyering becomes useful. E-lawyering involves rendering legal services online through web based technologies and with this the problems of clients are solved without physical contacts.

The Court is not left out, the E-filing system should also be adopted by the courts so that the courts will not be put on unnecessary hold in times like this. The court finds it uneasy to sit because of the large human resources and the physical contact required put into it for effective running of the judiciary. This calls for E-filling system in our judiciary. I must however acknowledge the fact that we have now began to hear the echo of introduction of e-filing system from the judiciary in the last few days. My hope and prayer is that the Judiciary makes this a permanent feature in our judicial process nationwide.

Deacon has the future of the Bar at heart, the future of the Bar are the Young Lawyers, virtual legal practice is needed more by the young lawyers, this is why DASAN sponsored us to benefit and implement it. This is one of the ways DASAN is coming to secure the future of the Bar.

Do you as a lawyer still doubt if DASAN is truly coming to secure the future of the NIGERIAN BAR? I have pitched my tent with DASAN in order to secure the future of the Bar. Please join me on this noble cause.

Saheed  Abiola
Writes from the Ilorin Bar.

Dele Adesina SAN commiserates with NBA Lokoja on the passing of Chief U.M. Enwere

Dele Adesina SAN commiserates with NBA Lokoja on the passing of Chief U.M. Enwere

My Colleagues and I at Dele Adesina LP express our commiseration with ths leaders and members of NBA Lokoja and the great family of Chief U.M. Enwere on the death of our learned friend who passed on at the National Hospital Abuja yesterday evening, the 26th of April, 2020.
Chief U.M. Enwere was called to the Bar in 1988 and was the pioneer Secretary of NBA Lokoja Branch. His passion for law, justice and advocacy was evident to all who knew him. He was a very active member of NBA Lokoja Bar. Chief U.M. Enwere’s death comes as a big loss not only to his immediate family but also to the Association, the Legal Profession and the good people of Kogi State.
It is our fervent prayer that Chief U.M. Enwere rests in perfect peace and may God grant his family and relations the fortitude to bear the irreplaceable loss. 
Dele Adesina SAN
Penalty For Recruiting Under Age Persons For Pornographic Performance | #OBSCURELEGALFACTS BY AROME ABU

Penalty For Recruiting Under Age Persons For Pornographic Performance | #OBSCURELEGALFACTS BY AROME ABU

In Nigeria, it is an offence to recruit any
person under the age of 18 years for the production of pornography or for
pornographic performances.

Nigeria has no national laws prohibiting
indulgence in pornographic film.

However, indecent exposure is proscribed
under Section 26 of the Violence Against Persons (Prohibition) Act 2015, which
applies only in the Federal Capital Territory. 

PENALTY

Imprisonment for a term of not less than 7
years and to a fine of not less than N1,000,000.00.
 

See Section 17 of the Trafficking in Persons
(Prohibition), Enforcement and
Administration

Arome Abu is the Principal Partner of TCLP

CAVEAT: Note that this information is
provided for general  enlightenment purposes and is not intended to be any
form of legal advice.

 Obscure Legal Facts is an exclusive daily
publication of THE COUNSEL L-P. 

Plot 108 Idris Gidado 

Way, Wuye, Abuja.

abuarome@gmail.com 

+234 803 262 2359

+234 708 1156 539.

Twitter: @TheCounseLP

Technology; Best option for Nigeria Judiciary | Adeleye Adebola Valentine

Technology; Best option for Nigeria Judiciary | Adeleye Adebola Valentine

The
Nigerian judiciary noticeably started its operation in the year 1979 and since,
it has subjected itself to the habitual practice of both parties to a suit
being present physically for the hearing of the case which is at times
dangerous and expensive to maintain. It is dangerous and expensive in the sense
that processes are served physically at the last known abode of the defendant
or respondent as the case may be and the person served might not even be within
the jurisdiction of the court and he has to risk his life, take time that is
needed to attend to business or family issue to travel down to the jurisdiction
of the court.

The
practice of physical service of court processes and full appearance in court
continued since its inception the judiciary in the country till the outbreak of
the pandemic which hinted the judiciary that hearing of law suits could not go
on during the pandemic and some cases are left pending in court. The innocent are
left to suffer behind the bar for what they know nothing about at the mercy of
the virus. The judiciary has been, is and will forever be viewed as the last
resort for the masses but when cases are pending in court and the innocent are
kept behind the bar for what they did not do, then could it be said that the
judiciary is the last resort for the masses? No! truth be told, the virus is
easily transmitted amongst crowd and at court sittings, it will be transmitted
faster than we could think of, then it is time for the judiciary to wake up to
what they had been sleeping on since which is to welcome the advent of Internet
Court for the hearing of law suits. Court processes could be served using
WhatsApp, e-mail, telegram and any other electronic method which is far
credible than service at the last known of abode of the individual. But with
the look of things right now, I think the judiciary is just waiting for the
pandemic to be over and get back to its traditional way of hearing suits.

Students
of the 2019/20 session of the Nigerian Law School did their examination from
January 10 to 17 2020 and the result was supposed to be released on the 29 of
February 2020 and the Call to Bar ceremony in March which was before the
breakout of the virus in the country. Students and parents were anxious of the
day, only to wake up to the news that the release date has been postponed till
the ending of March and the Call to Bar ceremony in July for some reasons best
known to the Body of Benchers, Council of Legal Education. Since the students
and the parents are at the mercies of the bodies, they accept the new dates and
keep hopes high towards the dates. Unfortunately on the date they were to release
the result, it was postponed again because the body could not meet to decide on
the result since the federal government had announce total lockdown in the
country and that there should not be any gathering more than fifty (50) people.
Now the release of the result is postponed indefinitely. The students are neither
lawyers nor Law students. Companies and establishments across the globe make use
of different online meeting platform like Join.me, Zoom, ezTalks Meetings, etc.
to discuss matters affecting their transactions with each other when they know
that meeting physically is not visible. Since the bodies in charge of
conducting examination for prospective Lawyers know that the meeting is crucial
to the release of the Bar Final result, the meeting could have been held making
use of other means to conduct the meeting. The question that comes to my mind
anytime that I think of the Bar Final result been hoarded is, peradventure the
lockdown continues till the ember months, is that how the students will be held
in the dark and not know their fate in the examination they studied so hard and
sat for? If the Council of Legal Education and the Nigerian Law School can put
the present students on notice that the school will commence online classes,
why can’t the same body conduct their meeting online and approve the result? Will
the students continue to suffer what they know virtually nothing about?

It
is high time the Nigerian judiciary wake up to reality, brace up and try to
meet up the level of technology in the dispensation of justice in the country
and in the total carrying out of her duty. If Nigeria choose to continue in the
tradition way as it is used to, then of what use is technology if the judiciary
cannot embrace it? Members of the Bench and the Bar should be well equipped by
the Nigerian Judicial Council and Nigerian Bar Association for the members to
be prepared to welcome this new development. Reliable and fast internet services
should also be provided at the courtrooms across the country so that there
won’t be any breakage whenever internet court session is going on. If Nigerian
judiciary refuses to wake up from her slumber and brace up to meet with the
standard of other states, then justice will continue to be deprived of the
masses whose cases are delayed in court because NO ONE knows when the lockdown will be over and God forbid there is
an outbreak of another deadly disease than this. Will the courtroom to be shut
down forever or should the masses subject themselves to jungle justice?  WAKE UP!

 

ADELEYE
Adebola Valentine, Ministry of Justice, Yenagoa, Bayelsa State. 08108173996 or
av_debola.1@yahoo.com

Dele Adesina SAN has committed the last four (4) decades of his life contributing positively to the legal profession.  | Adeboye ‘Seye Thompson

Dele Adesina SAN has committed the last four (4) decades of his life contributing positively to the legal profession. | Adeboye ‘Seye Thompson

 


The music industry has become one of the most thriving industries in Nigeria and this has grown in leaps and bounds since the turn of the century. Many artists have graced the scene inclusive of a certain David Adeleke (Davido) who has shown that he has come to stay. Beyond his reputation of ’30 billion for the akant ye’, he has developed a great fanbase, yours truly inclusive.

Featured by our own Falz alongside Olamide in the hit song ‘Bahd, Baddo, Baddest’, the only notable contribution of Davido to the song was his brag that ‘Dele na my boy’ stoking the fire of his ‘beef’ with Dele Momodu.

Today, I write about another Dele who however is not my boy but is my man and boss. He is Dele Adesina SAN, a man who has committed virtually the last four (4) decades of his life contributing positively to the legal profession. The Jurist, Oliver Wendell Holmes had regarded the life of the law as not being logic but being experience but Oga Dele has shown that he has both logic and experience in abundance especially if his intimidating profile is anything to go by.

The legal profession in Nigeria has been in dire need of great reforms and the past administrations have no doubt done their bests. However, despite their best efforts, an egalitarian legal society in Nigeria has been a mirage, at least so far.

Francis Bacon, Baron Verulam of Verulam and Viscount of St. Albans (1561-1626) in the poem, Apothems wrote as follows:


”One of the seven was wont to say:
‘That laws (sic) were like cobwebs; where the small flies were caught and the great brake through.”’

An egalitarian society is what oga Adeshina seeks to put in place coupled with senses of belonging and responsibility in order for the bar to retain its place as the pride of the legal profession in Africa.

Deacon Dele Adesina like Prince Otto Von Bismarck believes in the doctrine of the possible and the attainable. Thus, if you are looking for sweet words so as to make you forget your worries in the interim but no action, he might not be your man. He is however the man who acknowledges problems and seeks to tackle them head-on. With Adesina, I concede that good souls still exist.

My affections for Adesina SAN makes me think of joining a remix of the song ‘Bahd, Baddo, Baddest’ but this time with the lyrics, ‘Oga Dele na our man, Dele na our man….’ This I’d have gleefully done alongside legal practice but for the Rules of Professional Conduct on incompatible business. ‘E pain me sha, but wetin man go do.’

Adeboye ‘Seye Thompson writes from the Ilorin bar“`

MSMEs IN NIGERIA AND  THE EFFECT OF COVID 19 | NNAMDI MBANEFO LLM, MCIArb

MSMEs IN NIGERIA AND THE EFFECT OF COVID 19 | NNAMDI MBANEFO LLM, MCIArb



MSMEs in Nigeria

 

S/N

Category

Employees

1

Micro Enterprises

Less than 10

2

Small Enterprises

10 to 49

3

Medium Enterprises

50 to 199

The significance of the role micro, small and medium
enterprises (MSMEs) play in Nigerian economy is a subject that has been
discussed, ad nauseam, by experts, analysts and authors. The Vice President
described
MSMEs as the bedrock of Nigeria’s industrialization and
inclusive economic development; and the most important component of
industrialization as set out in the Economic Recovery and Growth Plan.

This
sector comprises the average and below average Nigerians and resultantly
constitute about 95% of Nigerian population. Consequently, the challenges and
difficulties experienced by this sector directly or indirectly affect every
household in Nigeria. 

The corona virus pandemic is
unprecedented and is causing large-scale death and severe human suffering
globally. The fact that the pandemic is still unfolding makes it challenging
to forecast the extent of its economic impact, however, the possibility of a
global recession has become concrete.

The
‘Big companies’, with the liberty of well informed risk teams, certainly, did
not factor in the corona pandemic and its effect on businesses. At the tail
end of the year 2019, as in every other year, budgets were prepared and
adopted and managements were tasked with projected revenue for the first
quarter of the year 2020.  Here we are.
Priorities have changed; companies are stress testing and jettisoning profit
making for a chance at survival. 

Majority
of Nigerian MSMEs have no structure and no business plan. Under seemingly
normal circumstances, MSMEs struggle with a lot of business challenges. This
pandemic has worsened the situation and majority of MSMEs are in over their
heads and are short of ideas on how to navigate this storm.

Along
with the rest of the populace, proprietors of MSMEs are on lock down and are
locked in with their family responsibilities. Majority have ventured into
their business capital to purchase food items and other necessities for their
survival and that of their families. 
It is an unequal bargain. While stakeholders of established companies
are currently devising ways to keep their companies afloat, proprietors of
MSMEs are constrained to grapple for daily bread and with staying alive.

Notably,
one of the major challenges facing MSMEs is lack of capital. For the
majority, personal savings was the most common source of capital. Nationally,
only a limited number of MSMEs (that are sole proprietorships) reported
having access to bank credit.

The
National Bureau of Statistics identified access to finance as a top priority
area for assistance for MSMEs. The corona pandemic and the ruins that it
would leave behind have made this priority even more impetrative. For the
survival of MSMEs, the government needs to be creative and proactive in
addressing this concern.  

 

 

 

 

Government COVID 19
Initiatives that affects MSMEs

Thus
far, the government has taken some commendable steps. President Muhammadu
Buhari in his speech of 29 March 2020, indicated that he has mandated a
three-month moratorium to be afforded to borrowers under social benefits
schemes such as “Trader Moni” (a
Federal Government empowerment scheme created for petty traders and artisans
across Nigeria), “Market Moni”
(Federal Government empowerment programme to provide financial aid to micro
businesses) and “Farmer Moni”
(collateral free loans designed to help petty traders expand their trade).
This is also reflected in the COVID-19 Regulations 2020 (Regulations) issued
by the president, which contain directives to the Bank of Industry, Bank of
Agriculture and the Nigeria Export-Import Bank to grant the same moratorium
to borrowers.

The
Central Bank of Nigeria has created a N50 billion targeted credit facility
for households, and small and medium enterprises. Also, CBN has set-up a N100
billion credit support facility for businesses in the healthcare sector.

The House of Representatives proposed and is considering a
bill titled “Emergency Economic Stimulus Bill”. The bill has been passed for
third reading. Amongst the objectives of the bill, is the proposal that
any employer
duly registered under the Companies and Allied Matters Act Cap C20 LFN 2004
which maintains the same employees status without retrenching their staff as
at 1st of March 2020 till the 31st of
December 2020 shall be entitled to 50% income tax rebate on the total amount
due or paid as PAYE under the Personal Income Tax Act Cap C8 LFN 2004 as
amended.

While these are
steps in the right direction, we urge the government to do more and to put
appropriate mechanisms in place for the implementation of these initiatives.

 

Facts

·        
Nigeria’s over 41 million MSMEs,
account for more than 84 per cent jobs in the country.  Nigeria’s over
41 million MSMEs,
account for more than 84 per cent jobs in the country.  The enterprises also account for about 48.5
percent of the gross domestic product, GDP, as well as about 7.27 percent of
goods and services exported out of the country.

·        
MSMEs generated
59,647,954 jobs as of December 2017, 5% or 2,889,715 of those jobs were
created by small and medium enterprises (SMEs).

·        
It was observed
that owners of Micro enterprises are less educated – 76.4% have Senior
Secondary certification or less. Similarly, 78.2% of employees of Micro
enterprises have Senior Secondary certification or less.
By contrast, 51% of
SME owners have attained either a Bachelors or Masters degree.

·        
The enterprises also
account for about 48.5 percent of the gross domestic product, GDP, as well as
about 7.27 percent of goods and services exported out of the country.

·        
MSMEs generated
59,647,954 jobs as of December 2017, 5% or 2,889,715 of those jobs were created
by small and medium enterprises (SMEs).

·        
It was observed
that owners of Micro enterprises are less educated – 76.4% have Senior
Secondary certification or less. Similarly, 78.2% of employees of Micro
enterprises have Senior Secondary certification or less.
By contrast, 51% of
SME owners have attained either a Bachelors or Masters degree.[1]

·        
75.6% of Nigerian
Micro enterprises have no business plan. 
65% of Nigerian SMEs have no business plan.

·        
The MSME National
Survey reports that Nigeria Micro enterprises startup capital is as indicated
in the table below.

 

S/N

% of Micro
enterprise

Business startup
capital

1.

63.8%

below N50,000

2.

20.6%

N50,000 –N100,000

3.

7.9%

N101,000 –N200,000

4.

3.1%

N201,000 – N300,000

5.

4.7%

over N300,000

The same report
indicates Nigeria SMEs
business startup
capital as shown in the table below

 

S/N

% of SMEs

Business startup
capital

1.

74.9%

below N10,000,000

2.

8.0%

N10,000,000 –N20,000,000

3.

2.0%

N21,000,000–N30,000,000

4.

0.9%

N31,000,000 – N40,000,000

5.

5.2%

N41,000,000 – N50,000,000

6

1.1%

Above N50,000,000

 

 

 

·    
61.2%
of micro enterprises (MEs) and 55.6% of SMEs depend on personal savings for
startup capital.

·    
 5.3% MEs and 17.5% SMEs are able to access
loans as a source of startup capital.

·    
23.6%
MEs and 11.7% SMEs are able to get startup capital from family members.

·    
8.3%
MEs and 5.4% SMEs get their startup capital from cooperative/Esusu.

·    
For SMEs who had
access to bank credit, commercial banks were the main source of these funds
(91.9%), while 4.7% accessed credit from Micro-Finance Institutions, and 1%
from Development Institutions.
[2]

 

 

 

 

 

 

 

 

 

 

 



Conclusion

In addition to the human impact of
COVID-19 there is enormous economic, business and commercial impact being
felt globally.

Proprietors of Nigeria MSMEs are
navigating uncertain times. They are in over their heads and now more than
ever, they need all the affordable assistance from all quarters especially
from the government. 

MSMEs are the foundation, of our
society. They are fabrics woven into the very core of our economy. Such that
the survival of Nigerian economy is to a huge extent dependent on the
survival of our MSMEs. In the spirit of self preservation, it is imperative
that Nigerian government devise practical approaches to ensure the survival
of these enterprises,.

 

Commendably, the MSME National Survey Report, identified
financing, taxation, unfavorable policies, power, water supply etc as
priority areas for government assistance for MSMES.  There should be concrete plans to address
the deficiencies in these areas within the shortest possible time.

It is important that the funds made available to MSMEs are
well segmented and the process of acquisition simplified, to ensure its
accessibility to proprietors of these enterprises especially the Micro
enterprises.

During the course of this pandemic, There is need for
initiatives that will train and inform proprietors of MSMEs of their options
and foster financial literacy. At this time, requisite information and
directions could be passed through the media. If the government is religious
in implementing these initiatives, and committed to developing more helpful
ones, then there is hope for MSMEs and for our economy post COVID 19.

 

 

 

 

 

 

Nnamdi Mbanefo LLM,
MCIArb

Email: mbanefonnamdi@yahoo.com

Phone No:
+2348034800288

 

                                                         

 



[1]
Micro, Small, and Medium Enterprises (MSME) National Survey 2017 Report by
National Bureau of Statistics

[2]
Ibid

Online Marriages, Not Recognized In Nigeria:  #obscurelegalfacts | Arome Abu

Online Marriages, Not Recognized In Nigeria: #obscurelegalfacts | Arome Abu

As the impact of the COVID
19 pandemic bites harder, and with the resultant prohibition of public
gathering, intending married couples are beginning to consider the option of
online platforms to perform their wedding ceremonies. Infact, some have
attempted, albeit, futilely to conducted their “wedding ceremony” online. 

With this publication, the
writer intends to briefly expose the dangers that inhere in this novel idea,
which according to many is cost effective.

VENUE OF MARRIAGE

There are 3 (three)
recognized venues for wedding ceremonies in Nigeria Viz:

1) Marriage registry 

2) A licensed place of
worship

3) Any place approved by the
Minister of Interior for the conduct of wedding ceremony. See Section 13 and 29
of the Matrimonial Causes Act.

Section 21 of the Marriage
Act provides that where marriage is to take place either in the Marriage
registry or a licenced place of worship, it must be “with open
doors”, hence, suggesting that online marriages are bereft of any legal
backing, as online platforms such as the zoom App etc, do not offer or
accommodate such facility. 

Again, section 23 of the
Marriage Act, prohibits religious minister from celebrating marriage, except in
a “building” which has been duly licensed by the Minister of
Interior”. 

The express mention of
“building” in the said section, is an implied exclusion of online
weddings. 

Section 26 of the Marriage
Act provides for signature of the parties to the marriage, to be on the
marriage certificate. Sadly, Section 17 of the Cyber Crime (Prohibition and
Prevention) Act 2015, already excludes “Marriage Certificates” from
the circumference of documents which may be signed electronically”.

INVALIDITY OF ONLINE
MARRIAGE UNDER CUSTOMARY LAW MARRIAGE

This form of marriage can
not be achieved under customary law as most customary marriages, require
presentation of list items such as kola nuts, palm wine or other alcoholic
beverages. This conditions cannot be fulfilled virtually. 

Lastly, online marriage is
not yet a recognized form of marriage under any customary law or in indigenous
community in Nigeria.

From the foregoing, it is
discernible that even with the power
s of the Minister of Interior to approve
other venues for wedding ceremonies, such powers does not extend to approval of
virtual venues, as the strictures relating to “Building” and
“with open doors” cannot be fulfilled virtually.

Arome Abu is the Principal
Partner of TCLP.

CAVEAT: Note that this
information is provided for general  enlightenment purposes and is not
intended to be any form of legal advice.

Obscure Legal Facts is an
exclusive daily publication of THE COUNSEL L-P. 

Plot 108 Idris Gidado 

Way, Wuye, Abuja.

+234 803 262 2359

+234 708 1156 539.

Twitter: @TheCounseLP

PROF. ILOCHI AUGUSTINE OKAFOR SAN: A QUINTESSENTIAL LAWYER AND AN EXEMPLARY LEADER. | Dele Adesina SAN

PROF. ILOCHI AUGUSTINE OKAFOR SAN: A QUINTESSENTIAL LAWYER AND AN EXEMPLARY LEADER. | Dele Adesina SAN


My Learned Professor, it is a privilege for me to join the multitude of your admirers, Seniors, Colleagues and Juniors of yours in this beloved Profession of ours to say a big congratulation to you on the attainment of Twenty-Five (25) years of conferment with the prestigious rank of Senior Advocate of Nigeria (SAN) today. Professor Ilochi Augustine Okafor SAN was called to the Bar in 1978 and admitted into the exclusive club of the inner Bar in 1995.

I recognise that success is not a destination; rather it is a journey which will always culminate in the accomplishment of one’s destiny by a determined, committed, dedicated, creative and productive individual. Professor Ilochi Okafor SAN is a Ford Foundation Fellow of University of Pennsylvania, a former Attorney-General of Anambra State, a Law Professor and a former Vice-Chancellor of Nnamdi Azikwe University, Awka. He is an exemplary administrator and a forensic Advocate. A highly respected leader of the Bar, always cool, calm and collected. He carries himself with enormous dignity and reverence. He personifies the values and virtues of the Profession. He is a mentor to multitude of Legal Practitioners.

I had the privilege of meeting him recently right in his Chambers at Awka in Anambra State. I marvelled at the exceedingly warm reception extended to me and my entourage by someone who is by all definition our Leader and a standard bearer in the Profession. I also marvelled at the Olympian height he holds the traditions of the Profession as our meeting and discussion progressed. As the Learned Professor was speaking, his words began to paint pictures in my mind. Indeed, there is a dimension beyond hearing what is spoken to seeing the spoken words. I saw his spoken words and I began to challenge myself afresh saying the *”journey”* continues.

I wish you many more contributions to the Legal Profession. God bless you continually.

*Dele Adesina SAN*

THE NEED TO REPOSITION NIGERIA’S POWER SECTOR: POST COVID-19 ERA BY DEBO OLADINNI, ESQ.

THE NEED TO REPOSITION NIGERIA’S POWER SECTOR: POST COVID-19 ERA BY DEBO OLADINNI, ESQ.

As our minds are daily
flooded (by the print and online media) with the statistics concerning the
increasing spread of the pandemic Coronavirus (COVID-19) across
the globe and the attendant decimation of the global economy, it is the responsibility
of the Nigerian Government and relevant stakeholders to ensure that the
Nigerian economy is kept afloat and doesn’t capsize, due to the negative impact
of the virus. Just as an iceberg sunk the RMS Titanic vessel (which was
hitherto considered unsinkable)
in the North Atlantic Ocean in 1912,
the  Nigerian economy has been brought to its knees by the lockdown,
induced by the pandemic. In essence, our economy would be sadly groping in the
dark for the foreseeable future, with no light at the end of the tunnel, except
a vaccine is found to checkmate the spread of the novel virus.  

It is no longer news that
going forward, COVID-19 is going to change the way companies, SMEs,
individuals, and governments at all levels engage in business. Due to social
distancing,
a lot of reliance would be placed on the internet, as the
majority of business transactions would be conducted and concluded online, with
little or no physical interaction between contracting parties. However, the
question agitating my mind is: how would business transactions be conducted
seamlessly via the internet, with the state of Nigeria’s power sector? It is
pertinent to state that a vibrant power sector is a sine qua non
to a highly viable and productive economy. The importance of  
power/light to any economy is underscored if considered from the Biblical
perspective. The first thing the Almighty God pronounced/commanded (upon
creating the universe)  in the Book of Genesis 1: 3, when He
observed that the earth was formless and desolate, was: “Let there be light.

Unfortunately, successive
governments in Nigeria have not succeeded in putting the power sector on the
right track despite the investment of funds running into billions of Naira in
the said sector. A visit to the website (and a click of the side menu “Generation”)
of the Nigeria Electricity Regulatory Commission (NERC), the independent
regulator established by the Electric Power Sector  Reform Act 2005
to regulate the power sector, it was stated therein that: “…By implementing
reforms, Nigeria targets 40, 000 MW generating capacity by 2020 and will need
to spend approximately $10bn per annum on the power sector for the next 10 years
to achieve this…”

Regrettably, according to a Newsletter
dated 22nd April, 2020, published on the website of nigeriaelectricityhub.com,
with the caption- Power Generation Falls to 3, 757MW, Six Plants Idle: “…Total
power generation in the country fell to 3, 757.9MW as of 6 am on Monday from 4,
287MW last Thursday according to the system operator. Six of the nation’s 27
power plants, including three built under the National Integrated Power Project,
were not generating any megawatt of electricity on Monday… The sector is
plagued by problems of gas supply shortages, limited distribution networks,
limited transmission line capacity, huge metering gap, electricity theft as
well as high technical and commercial losses, among others.”

As can be deduced from the
above quotation, it suffices to state that the generation of 3, 757.9MW
is a far cry from the target (as published on NERC’s website) to
generate 40, 000MW by this year 2020. However, it must be pointed
out that the Federal Government had largely reduced its participation in the
power sector by unbundling the Power Holding Company of Nigeria (PHCN)
into eleven electricity distributing companies(DisCos), six
generating companies (GenCos),
a transmission company (TCN), with NERC
as an independent regulator. Furthermore, the Federal Government has fully
divested its interest in the six GenCos, while 60% of its shares
in the eleven DisCos have been sold to private operators, though retaining
full control of the Transmission Company of Nigeria. Notwithstanding the
significant divestiture of its interest in the power sector, the present
administration, as at 2019, had invested 900 billion Naira in the
power sector with no significant improvement in the said sector.

Flowing from the above, it
is essential for the Federal Government to rearrange its scale of preference
by prioritizing the power sector, alongside the education, health, and
agricultural sectors in the post COVID-19 era.
  The Government must
work hand in hand with the relevant stakeholders in the power sector to ensure
the said sector is functioning optimally. While I must admit it is not going to
be a tea party for the Federal Government to grapple with the various problems
besetting the power sector, I believe that with tenacity of purpose and shrewd
management of scarce financial resources, the power sector would be up and
running in no distant future to meet the needs of the Nigerian economy in the post
COVID-19 era
.  Fortunately, the Federal Government can resort to its 149-
page Roadmap for Power Sector Reform (A Customer-driven sector-wide plan to
achieve stable power supply)
put together in 2010 to assess the
performance of the power sector vis-à-vis the set targets contained in the said
roadmap. Once again, I must emphasize that a vibrant power sector is a
condition precedent to a highly viable and productive economy, especially in
the post COVID-19 era, where social distancing will be the new norm and
business transactions would be conducted and concluded via online mediums.

I will conclude this article
by referring to the postulation of a highly revered, distinguished and cerebral
legal potentate, Chief Wole Olanipekun, OFR, SAN, on the importance of a
vibrant power sector to the Nigerian economy. The said postulation was made
during the delivery of the 22nd Convocation lecture of Ekiti
State University in 2017 titled: “Breaking the jinx: The cyclical nature of
Nigeria’s problems”
, wherein he stated thus:

“Any nation, whose energy
needs are inadequately satisfied, prolongs her development and risks losing
potential investors. In other words, electricity is the propelling force of any
economic or industrial thrust. Any country that desires rapid development will
ignore the power sector at its own peril. It is needed in residences to power
domestic appliances and for lighting purposes; in the industries to drive
various machines, equipment and processes; and by commercial and institutional
consumers for the provision of services and driving various devices.”

Debo Oladinni, Esq.

Should the ‘Richest Lawyer’ be the NBA President?

Should the ‘Richest Lawyer’ be the NBA President?

If you are a practicing Nigerian lawyer and you have not come across any of the campaign fliers, messages and statements issued by aspirants to the various offices of the NBA come July, 2020, then I wonder how you have been practicing in isolation all this time. Facebook, Twitter, Instagram and Whatsapp are filled with many of these messages. Obviously we are in the campaign season of the NBA and come July 24th and 25th 2020, lawyers who are eligible to vote would be casting their votes for their preferred candidates across board.

Though the ban on campaign has not been officially lifted, many of the Aspirants are obvious to everyone, they are obvious by their heightened media presence, you have met with some in private meetings and some others have been endorsed by various stakeholders and NBA Branches. Over the course of the next few weeks, they will also share their manifesto with us and seek to convince us on why they are the best candidates for each position.

However, lawyers are already forming their opinions of different aspirants and one of the criteria is how rich the aspirant is. For instance, many of these aspirants, especially those aspiring to the office of President of the NBA are approached to pay practicing fees for lawyers; sponsor dinners, trainings and events for young lawyers, as well as give donations to the NBA Branches in support of Bar projects including most recently to send palliatives to lawyers during the lockdown. It is important to note that not these contributions are not mandatory as no candidate is asked to do any of the above under compulsion, but, if we want to be sincere to ourselves as lawyers, we will agree that these contributions go a long way in convincing eligible voters.

Does this now mean we are selling the offices of the NBA?

If one aspirant has the financial capacity to contribute more than others, does that make the more buoyant aspirant the best man for the job. If one aspirant contributes a million naira to a Bar building project and another two hundred thousand naira, does it mean we should vote for the lawyer that dropped the million?

Another reason is the debate on how much an aspirant pays their staff as a yardstick to rate their candidacy. Some weeks ago, a social media post trended wherein the author wrote how much young lawyers earn in the law firms of the various presidential aspirants. Doesn’t that suggest that we should vote the lawyer who pays the highest? Even though, how much they pay their staff have no correlation to how they would lead while in office.

How come no one is taking a look the objectives of the NBA and asking ourselves which aspirants have shown a track record of being able to effectively uphold the objectives of the Nigerian Bar Association? For ease of reference, the objectives of the NBA as set out in Section 3 of 2015 NBA Constitution are as follows:
(a)       Maintenance and defence of the integrity and independence of the Bar and the Judiciary in Nigeria.
(b)       Promotion and advancement of Legal Education, Continuing Legal Education, Advocacy and Jurisprudence.
(c)       Improvement of the system of administration of justice, its procedures and the arrangement of court business and regular law reporting.
(d) Establishment, maintenance and operation of a system of prompt and efficient legal aid and assistance for those in need but who are unable to pay for same.
(e) Promotion and support of law reform.
(f) Maintenance of the highest standard of professional conduct, etiquette and discipline. (g) Promotion of good relation among the members of the Association and lawyers of other countries.
(h) Promotion of co-operation between the Association and other National or International Law Organisations and such other bodies as may be approved by the National Executive Committee.
(i) Encouragement and protection of the right of access to courts at reasonably affordable fees and of representation by counsel before courts and tribunals.
(j) Encouragement of the establishment of a National Law Library.
(k) Promotion and protection of the principles of the rule of law and respect for enforcement of fundamental rights, human rights and people’s rights.
(l) Creation of schemes for the encouragement of newly qualified members and assistance to aged or incapacitated members of the Association.
(m) Establishment of schemes for the promotion of the welfare, security and economic advancement of members of the legal profession.
(n) Creation and maintenance of an Endowment Fund for the proper observance and discharge of any of these aims and objects.

If we are going to jettison the contributions of all Aspirants to the above, and, if we want to focus on how much an aspirant has spent on what some have recently tagged ‘stomach infrastructure’ for lawyers or made as contributions to the various NBA Branches, then we might as well as forget about voting and just ask the Candidates to transfer money into our accounts while we vote for the aspirant who pays the highest.
For ease of reference, the various elective positons at the NBA elections include the following offices –

• President

• 1st Vice-President

• 2nd Vice-President

• 3rd Vice-President

• General Secretary

• Assistant Secretary

• Treasurer

• Welfare Secretary

• Financial Secretary

• Publicity Secretary

• Assistant Publicity Secretary

 Ebele Aka
 Enugu Branch