#WOCJusticeSummit And The Key Factors Affecting Justice Delivery In Nigeria | Register Now

#WOCJusticeSummit And The Key Factors Affecting Justice Delivery In Nigeria | Register Now

According to the publication, Nigerian Justice System: The Ideal, Hope And Reality by M. Shehu, Dr. M. Faud Bin Othman and Dr. N Binti Osman published in 2017, the “Justice system and its administration in every state is the reflection of that state’s extent of civilisation, the dispensation of justice and development. The administrators and operators of the Nigerian justice system are collectively and separately responsible for most of the problems facing the Nigerian justice system.

What we need includes a complete overhaul of the prisons to reflect changing realities, curbing corruption in the entire justice system, strengthening the constitutional provisions and procedural enforcement of fundamental rights, extensive and adequate civic education, strengthening the works of civil societies organisations, timely and efficient dispensation of justice in the courts, ensuring full independence of the judiciary and creation of conducive atmosphere for legal aid providers among others.”
This topic and more will be discussed at the WOC Justice Summit holding on Saturday, 22nd August, 2020, with the theme; “Developing An Institutional Concept of Justice in Nigeria”. Special Guests at the event include His Excellency, the Vice – President of Nigeria, Prof. Yemi Osibajo GCON, SAN; Prof. Fidelis Oditah QC, SAN; Yemi Candice – Johnson SAN; Boma Alabi; Prof. Pat Utomi and Brie Stevens-Hoare (Professional Commissioner Judicial Appointments Commission UK).

The event will be moderated by Bode Olanipekun SAN, Managing Partner, Wole Olanipekun and Co.

Register for the event immediately via this link  https://bit.ly/3aazQnS  and stream live on Youtube via this link http://bit.ly/Youtubewocjusticesummit

Join the conversation and let’s be part of the solution together.

WOCJusticeSummit: A Call For Judicial Reforms

WOCJusticeSummit: A Call For Judicial Reforms

 
At the recent Justice Research Institute (JRI) Virtual Roundtable themed “Selection and Appointment of Judges: Lessons for Nigeria”, His Excellency, Vice – President Yemi Osibajo GCON, SAN, mentioned that there is need for an urgent, honest and frank conversation about judicial reforms.
 
The Vice President’s statement cannot be over-emphasized as the Nigerian Judiciary is in dire need of reforms. Currently, citizens and users of the justice system are most unhappy about the state of affairs and have begun to result to other available means to remedy the breach of their rights. It is not so uncommon to see citizens approach the police to resolve commercial disputes or for debt recovery. One cannot in turn blame the citizen since the court system is overly slow and unable to meet the expectation of the citizenry.
 
This topic and how to fashion a working justice delivery system will be discussed at the WOC Justice Summit holding on Saturday, 22nd August, 2020. Special Guests at the event include His Excellency, the Vice – President of Nigeria, Prof. Yemi Osibajo GCON, SAN; Prof. Fidelis Oditah QC, SAN; Yemi Candice – Johnson SAN; Boma Alabi; Prof. Pat Utomi and Brie Stevens – Hoare, QC. The event will be moderated by Bode Olanipekun SAN, Managing Partner, Wole Olanipekun and Co.

Register for the event immediately via this link https://bit.ly/3aazQnS and stream live on Youtube via this link http://bit.ly/Youtubewocjusticesummit
 
Let’s build a judicial system that works for all.

 
 

We Are Here To Work, Ashafa To FHA Management And Staff

We Are Here To Work, Ashafa To FHA Management And Staff

 

The newly inaugurated Managing Director of the Federal Housing Authority, Senator Gbenga Ashafa, today set the tone for his tenure in an introductory meeting with the Management and Staff of the Corporation at their head office in Asokoro, Abuja.

 

Addressing the staff after a familiarization tour of the offices and facilities at the Head Quarters of the agency, Senator Ashafa expressed his readiness to take on this new responsibility with vigor stating that “let me assure you all that myself as your Managing Director together with The Executive Director Business Development, Hon. Abdulmumin Jibrin and the Executive Director, Housing Finance Mr. Maurice Ekpeyong are here to work. All we ask of you is to get ready for us to work as a team in order to make the Federal Housing Authority work for all Nigerians.”

 

Soon after, Ashafa was briefed by the immediate past Acting Managing Director on the activities of the Agency after which he officially handed over to the new management team.

 

Speaking further, Ashafa urged the members of staff to rededicate themselves towards achieving the mandates of the Federal Housing Authority. The new MD stated that “I urge you all to rededicate yourselves to the monumental task ahead knowing fully well that President Muhamadu Buhari will be counting on us to deliver and so will millions of Nigerians across the Country. Need I say that expectations are high and so must our morale be across board.”

 

The Executive Director’s Business Development, as well as Housing Finance, also reiterated the message of the Managing Director to the Management and urged the staff to put in their best for the benefit of Nigerians.

 

The Management and staff of the Agency in return assured the incoming management of their readiness to work as a team and to help the new management succeed.

Register for The #WOCJusticeSummit On Developing An Institutional Concept Of Justice In Nigeria

Register for The #WOCJusticeSummit On Developing An Institutional Concept Of Justice In Nigeria

In the words of James Baldwin, “If one really wishes to know how justice is administered in a country, one does not question the policemen, the lawyers, the judges, or the protected members of the middle class. One goes to the unprotected–those, precisely, who need the law’s protection most!–and listens to their testimony.”     

In Nigeria particularly, with multiple setbacks and inadequacies plaguing the Nigerian Justice System, there has become a growing need for a panacea. This is made more pressing by the clogs experienced by varying degrees of COVID – 19 lockdown and post – pandemic uncertainties that are sure to come. 

 

On Saturday, 22nd August, 2020, key stakeholders in the Justice Sector will be meeting to discuss “Developing An Institutional Concept of Justice in Nigeria”. Attending this event is crucial to stakeholders in the justice sector who want a turn – around in the Nigerian Justice system. 

 

Special Guests at the event include His Excellency, the Vice – President of Nigeria, Prof. Yemi Osibajo GCON, SAN; Prof. Fidelis Oditah QC, SAN; Yemi Candice – Johnson SAN; Boma Alabi; Prof. Pat Utomi and Brie Stevens – Hoare, QC. The event will be moderated by Bode Olanipekun SAN, Managing Partner, Wole Olanipekun and Co.

 

Register for the event immediately via this Zoom link  https://bit.ly/3aazQnS   and stream live on Youtube via this link http://bit.ly/Youtubewocjusticesummit.

Looking forward to engaging with you at the event.

 

Intellectual Property And Green Innovation | Adeniran Oluwabukunmi

Intellectual Property And Green Innovation | Adeniran Oluwabukunmi

The discovery of oil
in the 1950s in Nigeria is regarded as one of the best things to happen to this
country. Inversely, it is also on
e of the
worst things to happen as the Niger Delta region is plagued by environmental
degradation caused by oil spillage and gas flaring. Environmental degradation
is one of the many impediments to achieving a green economy. Others include
deforestation, poor waste management, mediocre urban planning, noise pollution,
emission of greenhouse gases and concentration of ozone-depleting chemicals.
Not only are they harmful to the planet, they spawn a variety of illnesses and
outbreaks of chronic diseases, raising worldwide concerns that the protraction
of these destructive behaviours may render humans extinct if not homeless in
the future.

Despite the
skepticism surrounding the belief in a green future in Nigeria
for verifiable reasons, this writer opines that a green future is
achievable in Nigeria, but is heavily dependent on our willingness to create
sustainable alternatives to our existing pollutive
way
of life.
We imagine a future where the environment is safe and
fit for human lives to thrive, where reusables are the new trend, where the
environment is free from pollutants and car engines are built to work with
cleaner fuels and to produce lesser vehicular emissions, where waste is
minimized, and most importantly, a future where environmental sustainability is
entrenched in the mindset of the entire populace.
Discussing green
future will be incomplete without recourse to the sustainable development
goals.

The major outcome of
the 2012 United Nations Conference on Sustainable Development was the agreement
by member states to launch a process to develop a set of Sustainable
Development Goals (SDGs). Some of these goals are directly and eminently
instrumental to the achievement of a green future. SDG 3 aims at ensuring
healthy lives and promoting well-being for all at all ages. SDG 3 also requires
that deaths and illnesses caused by hazardous chemicals and air, water, and
soil pollution or contamination are substantially reduced. The purpose of SDG 6
is to ensure the availability and sustainable management of clean water. SDGs 7
and 13 are related and are aimed at ensuring access to affordable, reliable,
sustainable, and modern energy for all, consequently combating climate change
and its impacts. Finally, SDGs 14 and 15 agitate for sustainable use of oceans,
seas, and marine resources and promotion of sustainable use of land, by
managing forests, combating desertification, and reversing land degradation.

Tackling a problem
which perturbs the entire planet is certainly not a piece of cake. A
combination of expertise, innovation, responsibility, cooperation and a
dramatic improvement of our living habits is required to save our planet from
utter destruction. In addition to changing our destructive culture, scientists
posit that mechanisms and structures must also be put in place (Cecelia,
2020)
.
For example, it is not enough that we stop burning fossil fuels to reduce the
emission of greenhouse gases, we also need negative emissions technologies to
help expel existing carbon dioxide (CO 2) from the atmosphere to combat global
warming.

As the push for
sustainable products and green technologies mounts, innovations spring up at an
unprecedented rate. The world’s first smog vacuum cleaner was created by Daan
Roosegaarde to clean polluted air in public spaces, using only 1170 watts of
green electricity and positive ionisation technology. Another remarkable
invention, by two surfers in the hope to clean the world’s oceans, is the
Seabin which can gather plastic and oil and filter through the structure of
oceans. Also, memorable is the creation of Vegan-bottles which has the
potential to rid the world of further production of plastic bottles (Saoirse,
2018). Lagos state, which is the most populous state and the commercial centre
for Nigeria, has launched a green consumer initiative to have a consumer label
detail the carbon footprint of a product/service and a commitment by its
producer to reduce it. It is also expected that the initiative will encourage
industries to embrace green solutions and to reduce the amount of carbon
dioxide released into the atmosphere as a result of their activities (Sewanu
& James, n.d.)
. The
list goes on.

Innovation is
fundamental to the realization of a green future as Intellectual property rights
are fundamental to making innovation work. Hence, the progress and wellbeing of
humanity are now dependent on Intellectual property rights. Intellectual property rights encourage creativity,
artistry, out-of-the-box thinking, and inventiveness by providing exclusivity
to owners, proprietors, and inventors, allowing them reap commercial and moral
benefits, and expelling the fear of idea expropriation (Uche & Regina,
2020)
.
Intellectual property rights like trade secrets, trademarks, copyright, and
patent are relevant to protecting green innovation. Inventions generally start
as a trade secret of the inventor. One or more types of intellectual property
rights: patents, trademarks, and copyrights are required to market an invention
(James, n.d.). These protections
mean that an invention cannot be used, distributed or sold without consent from
the inventor. Intellectual property rights are actionable in court in the event
of an infringement.

Intellectual property
rights also help disperse innovation to places of great need, through licensing
agreements, joint ventures, and more. In Nigeria, contracts or agreements for
the transfer of foreign technology to Nigeria must be registered with the
National Office for Technological Acquisition and Promotion (NOTAP) in
accordance with the NOTAP Act. Pursuant to Section 7 of the NOTAP Act. no
payment shall be made in Nigeria to the credit of the foreign transferring
party unless a certificate of registration and a copy of the contract certified
by the NOTAP is presented by the parties (Nta & Emmanual,
2020)
.

An also explorable
approach, to making innovation work in Nigeria, is creating a platform that
encourages and celebrates inventions, initiatives, and new ways of solving
national or world problems within Nigeria. A platform that creates avenues for
meet and greets between inventors and the public, government, or universities.

The government should
invest in home-grown technologies. When Nigeria gained independence from
colonial rule in 1960, there were bursts of ingenuity exhibited by indigenous
people in all spheres of human endeavours. These attempts were discouraged due
to derogatory remarks that these technologies were substandard or
counterfeited. Uninspiring remarks like “Aba-made”, “Okrika”, “katako-made’,
“Sharada-made” were common (Edwin, 2017). Foremost, a change
of attitude towards home-grown inventions is necessary. It is also certain to
go a long way if government can interface with innovative indigenous people,
provide necessary material, financial and structural aid to advance their
handicraft, showcase and give them credit for their creativity.

Top-notch education
is paramount to unlocking sustainable development in Nigeria. Nigeria must
invest heavily in her educational sector because quality education and
research, up-to-date educational infrastructures, and standard learning
environment are key driving factors to achieving sustainable socio-economic
development in any nation (Chuks & Acquah,
2018)
.
When we invest in education, innovation will no longer be a question.

It will be
short-sighted to propose green future in Nigeria without first proffering a
probable alternative to Petroleum. The Nigerian economy is heavily
dependent on the oil sector which accounts for over 95% of export
earnings and about 40% of government revenues, according to the International
Monetary Fund. This raises the question of whether Nigeria can survive with the
expulsion of her oil sector. Recently, the Department of Petroleum resources
proposed the use of Compressed Natural Gas (CNG) in automobiles as an
alternative to petrol (Anon., n.d.). More so, if
we take advantage of the neglected Agricultural Industry in Nigeria, it has the
potential to overthrow the oil and gas industry in Nigeria. According to Dr
Akinwunmi Adesina, president of the African development bank (AFDB) and
previous minister of agriculture for Nigeria, ‘Agriculture must be at the
centre of the economic diversification strategy and wealth creation in Africa’.

As American business
magnate and philanthropist Bill Gates once said, “Never before in history has
innovation offered promise of so much to so many in so short a time”, it is up
to us to safeguard it. If we can protect and encourage inventions, then we can
protect our planet (Daniel, n.d.).

Written by:

Adeniran Oluwabukunmi

References

Anon., n.d. Embrace CNG as petrol alternative, DPR
advises motorists. Department of Petroleum Resources .

Cecelia,
T., 2020. Climate change: now is the time to act.. March.

Chuks,
M. & Acquah, S., 2018. Why investments in higher education and research in
Africa are so important?. 26 July.

Daniel,
R., n.d. Innovation for a Green Future: Protecting Intellectual Property to
Protect the Planet.

Edwin,
U., 2017. Indigenous Technological Innovations: Crossing the “Valley of
Death” to the Marketplace. November.

James,
Y., n.d. Four types of Intellectual property to protect your idea and how to
use them.

Nta,
E. & Emmanual, N., 2020. Innovate for a Green Future. 27 April.

Saoirse,
K., 2018. 21 Sustainability Innovations and Initiatives That Might Just Change
the World. 6 April.

Sewanu,
A.-T. & James, O., n.d. Recent Developments on Green Growth in Nigeria.

Uche,
N. & Regina, O., 2020. Innovate for a Green Future – Nigeria. April.

 

 

The Need For A Right Of Privacy Over Commissioned Works Under The Nigerian Copyright Law | Emmanuella M. Odidika

The Need For A Right Of Privacy Over Commissioned Works Under The Nigerian Copyright Law | Emmanuella M. Odidika

 

INTRODUCTION

Copyright is a branch of intellectual property that vests
exclusive rights for creative works of authorship in respect of works provided
for under Section 1(1) of the Copyright Act Chapter C28 Laws of Federation of
Nigeria 2004 (the “Copyright Act”).


As opposed to patents and industrial designs whose protection is
dependent on its registration, copyright protection automatically vests in the
author of the work upon the fixation of the work into a definite form without
the prerequisite of registration or compliance with any formality.[1] It
is also pertinent to note that what copyright protects is the expression of an
idea and not the idea in itself.

The purpose of copyright protection is to confer on the author
the exclusive right over the creative work and to prohibit or authorize other
persons to exploit same. In the subsequent part of this paper, the author shall
consider the different realms of rights conferred on the author of a copyright
work under the Nigerian Copyright Act and examine the need for a right of
privacy over a commissioned work. The work shall also comparatively analyse the
position in the United Kingdom and conclude by proffering workable
recommendations.

 

AUTHOR’S RIGHTS UNDER THE COPYRIGHT
ACT

The Act confers certain rights on the author of a copyright
work. These rights include:

1.     
Economic rights and;

2.     
Moral rights.

Economic rights: This grant to the author the exclusive right to
commercially exploit the work against all other persons, thereby protecting his
pecuniary interest in the work. However, economic rights are for a limited
duration of time upon expiration of which, the work goes into the public domain
following which the members of public can freely exploit. The 1st Schedule to
the Copyright Act provides for the duration of copyright in respect of various
categories of works.

Moral rights: On the other hand, moral rights seek to protect
the reputation and honour of the author in respect of the creative work in
which copyright subsists.

Under the provisions of Section 12(1) of the Copyright Act, two
forms of moral rights are conferred on the author of a copyright work and they
include;

1.     
Right to paternity 

2.     
Right to integrity 

The right to paternity indicates the author’s right to claim
authorship of his work. It places a requirement that his authorship shall be
mentioned where the work is exploited in any manner.[2]

Hence, a false attribution of authorship to a person other than
the true author of the work will be tantamount to a legal wrong. This was
exemplified in the case of Maurice Ukaoha
v. Broad-Based Mortgage Finance Limited & Anor
[3]
where the court held that the acts of the defendants which included the model
of the plaintiff being advertised by the defendants in some national newspapers
as its proposed headquarters as well as attributing authorship of the model to
a 3rd party instead of the plaintiff without the consent of the
plaintiff constituted an infringement of the plaintiff’s honour and reputation
as the author and owner of the model.

The right to integrity which is the second category of moral
right is the right of the author to object and seek relief in connection with
any distortion, mutilation or other modification of, and any other derogatory
action in relation to his work, where such action would be prejudicial to his
honour or reputation.[4]

The essence of these rights are not far-fetched and can be
linked to the principal objective of intellectual property protection, which is
to protect the private interests of owners of intellectual work by recognizing
their ownership rights in their creations or inventions.

 

 

AUTHOR’S RIGHTS VIS-À-VIS THE RIGHTS
OF COMMISIONERS OVER COMMISSIONED WORKS

The Copyright Act essentially provides that ownership of copyright
vests in the author.[5]
This provision still stands where the author is being commissioned to create
the work or under a contract of employment.[6]
Nonetheless, the Act stipulates that a written contract stating otherwise will
overturn the general rule, thereby vesting ownership of copyright in the
employer, under a contract of employment or the commissioner, in respect of a
commissioned work.

Irrespective of this exception and other exceptions provided for
under the Act, it is evident that the Copyright Act seeks to protect the
interest of the author with respect to his creation whether the work was
carried out under a contract of employment or commissioned. The rationale
behind the stipulation of the Act which vest copyright in the author is to
ensure that his authorship is protected.

The author possessing copyright in a work, whether literal,
artistic or musical work has the right to exploit the work in various manner
ranging from reproducing, publishing, selling, distributing, communicating the
work to the public and many other acts provided for under the Act.[7]

However, there are circumstances whereby these acts or
exploitation may be unfavourable or prejudicial to a person other than the
author and this may occur where a work or creation is being commissioned. 

A practical example is photographs and films commissioned for
private and domestic purposes. In this instance, where a person commissions
another person to take a photograph or make a film, copyright subsists in the
outcome of the work in favour of the latter, that is the author. The author
reaps the benefit of exploiting the photograph or film either by exhibiting or
issuing of the work to the public, as copyright subsists in his favour and
without regard to the purpose for which the work was commissioned.

Moreover, the Copyright Act does not make any provision
protecting any right whatsoever, in favour of the commissioner with respect to
the commissioned work. Hence, the author is at liberty to do whatever he
pleases with the commissioned work and can find solace under the provisions of
Section 10 of the Copyright Act.

 

RIGHTS OF A COMMISSIONER OVER
COMMISSIONED WORKS: A COMPARATIVE ANALYSIS

Under the UK Copyright, Designs and Patents Act 1988 (C.D.P.A),
there are four moral rights recognized under UK law:

1.     
The Right to Attribution; that is the
right to be identified as the creator of your work.

2.     
The Right of Integrity; that is the
right to object to derogatory treatment of your work which negatively affects
the author’s reputation.

3.     
The Right to object to False
Attribution; that is the right to not be identified as the creator of a work
created by another.

4.     
The Right of Privacy; that is the
right to not have photographs or films commissioned for private and domestic
purposes exhibited, broadcast or issued to the public.

The first two moral rights seek to protect the creator of the
work and they are in line with the rights of paternity and integrity granted
under the Nigerian Copyright Act. However, the last two moral rights are
concerned with both managing a person’s reputation and the privacy of those who
have commissioned photographs or films.

The rationale behind section 85 of the U.K. Copyright, Designs
and Patents Act 1988 is to protect the interest of the commissioner and to
enable him control the exploitation of works commissioned for private and domestic
purposes. Hence, anyone commissioning the taking of a photograph or the making
of a film in which copyright subsists in the resulting work but for private and
domestic purposes is conferred the right not to have the work exploited by:

1.     
Issuing copies of the work to the
public;

2.     
exhibiting or showing the work in
public or;

3.     
Communicating the work to the public.[8]

This provision guarantees that the author of the photograph or
film commissioned for private or domestic purpose, is restricted from exercising
his right of ownership in a way that is detrimental or prejudicial to the
commissioner’s privacy.

Thus, the doing or authorising of any acts under section 84(1)
of the C.D.P.A by the author, infringes the right of privacy of the
commissioner and the latter can successfully institute an action against the
author.

 

CONCLUSION & RECOMMENDATION

The right of privacy over commissioned works is very essential
and plays a vital role in protecting the privacy of the commissioner especially
where the work commissioned is for private or domestic purpose and not for
public display, commercial purpose or enjoyment. 

The Copyright Act does not provide for a right of privacy
neither does it make a similar provision protecting the privacy of
commissioners in relation to commissioned works. Nonetheless, the commissioner may
rely on the exception provided for under section the 10(2) of the Act. 

It provides that where there is a contrary stipulation in a
written contract, then copyright will not vest initially in the author of the
work or creation. 

This simply means that the commissioner and the author
(photographer or filmmaker in this case) may sign a written agreement stating
that copyright in the work would vest in the commissioner or may agree that
while copyright may vest in the author, the commissioner will possess the right
to restrict the author from issuing copies, exhibiting or communicating the
work to public under the contract and this will be binding on both parties.

The photographer may also sign a release agreement which
dictates that all his rights in the photographic work are released and now
conferred on the commissioner of the work.

In other words, in the absence of a release agreement or a
contrary provision limiting the rights of the author in respect of a
commissioned work, the commissioner will be incapable of restricting the author
from issuing copies, exhibiting or communicating the work to the public
notwithstanding the fact that the work was created for private or domestic
purposes.

Therefore, it is important for the right of privacy to be
incorporated into the copyright Act in order to maintain an equilibrium between
the author’s right of ownership and the commissioner’s right of privacy. This
will ensure that whilst ownership of copyright in a commissioned work vests in
the author, the commissioner of the work retains the right to restrict the
author from issuing copies, exhibiting or communicating the work to the public,
where the work was commissioned for private or domestic purpose. 

 

 

 





















Emmanuella M. Odidika is a law graduate of Olabisi Onabanjo
University and was called to the Nigerian bar in 2019. She currently works in
the law firm of Wole Olanipekun & Co. as a trainee associate. Emmanuella
has interest in general practice areas but she has special interest in
Intellectual Property Law practice. She believes Intellectual Property is a
valuable asset in business and key to economic growth and development.

 

 

 



[1] Article
5(2) of the Berne Convention for the Protection of Literary and Artistic Works,
Paris Act of 1871.

[2]
Section 12(1)(a) of the Copyright Act, Chapter C28 Laws of the Federation of
Nigeria, 2004.

[3] (1997)
4 I.P.L.R. 48.

[4]
Section 12(1)(b) of the Copyright Act.

[5]
Section 10(1) of the Copyright Act.

[6]
Section 10(2) of the Copyright Act.

[7]
Section 6 of the Copyright Act.

[8]
Section 85(1) of the UK Copyright, Designs and Patents Act 1988.

Hon. Dame Linda Dobbs D.B.E., BSc, LLM, PhD. To Speak On The Equality Gap At The NBAAGC2020

Hon. Dame Linda Dobbs D.B.E., BSc, LLM, PhD. To Speak On The Equality Gap At The NBAAGC2020

It is
such exciting news to learn that Hon. Dame Linda Dobbs will be a Special Guest
and Speaker at the upcoming 60th Annual General Conference of the
Nigerian Bar Association. Hon. Dame is the Director of Training at the Judicial
Institute for Africa; Pro Chancellor of the University of Surrey; Senior Fellow
at SOAS; Advisory Board of the International Inequalities Institute at the
London School of Economics; Independent Assessor for Miscarriages of Justice
Compensation; Judicial Commissioner to the Investigatory Powers Commission; and
acting judge of the Grand Court of the Cayman Islands.

At
the Conference, she would be speaking on “The Equality Gap: Changing the Status
Quo against Stereotypes in the Legal Profession”.  

See
her profile below –

Following
a successful career at the Bar, in October 2004, Dame Linda became the first
non-white high court judge in the UK, having been appointed a Deputy High CoNBAurt
Judge in 2013. At the Bar she was a member of, and chaired, a number of
committees, including the Race Relations, Equal Opportunities, International, Professional
Conduct and Professional Standard Committees. In 2003 she became the Chairman
of the Criminal Bar Association where she set up its first Equality and Diversity
sub-committee. Whilst on the High Court Bench she was the Senior Liaison Judge
for Diversity, Chair of the Magisterial Committee of the Judicial Studies Board
and Chair of the International Committee of the Judicial College and a Fawcett
Commissioner.  

In
2013 Dame Linda stepped down early from the High Court Bench to pursue her
various interests, which includes the training of judges and lawyers
internationally (in particular, in the Caribbean and Africa), and supporting the
charities with which she has connections.

Dame
Linda is a contributing and consultant editor to a number of legal publications.  She has been involved in the training of
lawyers and judges both in the UK and internationally for over 25 years and is
the Director of training at the Judicial Institute for Africa, based at the
University of Cape Town where she is an honorary professor. Other areas of
expertise include mediation, facilitation, conducting investigations, inquiries,
needs assessments, chairing panels/boards/committees and other consultancy work.
She is a regular keynote speaker at events.

Dame
Linda holds 7 honorary doctorates; she is a Fellow of the Judicial College; she
was a member of the Court of Governors at the London School of Economics from
2006 – 2015 and chair of its Ethics Policy Committee from 2012 to 2015. She is
a patron of a number of charities (including in Sierra Leone and South Africa);
she also sits on a number of advisory committees. She is the immediate past President
of ILFA (International Lawyers for Africa) and chair of the UK-Sierra Leone Pro
Bono Network. She has been named in the past as one of Britain’s most powerful
black women and one of the 100 Great Black Britons and she has featured regularly
in the Power 100 List of Influential Black Britons. She is the current Chair of
the Powerlist Selection Panel.

 

My focus as Chief executive will be to ensure a vigorous implementation of the Federal Government’s housing policy | Senator Gbenga Ashafa

My focus as Chief executive will be to ensure a vigorous implementation of the Federal Government’s housing policy | Senator Gbenga Ashafa

It is with the highest sense of responsibility and consciousness of the task ahead that I accept my appointment by His Excellency President Muhammadu Buahri to serve as the Managing Director/Chief Executive Officer of the Federal Housing Authority of Nigeria.

My focus as Chief executive will be to ensure a vigorous implementation of the Federal Government’s housing policy which entails the provision of mass affordable housing for millions of Nigerians and the rejuvenation of the economy through the creation of meaningful jobs for millions of young Nigerians.

Needless to say, this task cannot be achieved without the cooperation of both the Government and the organized private sector. We are, however, fully determined to leverage on this important cooperation in order to create housing opportunities for many Nigerians while creating millions of jobs in order to stimulate the economy.

Worth acknowledging, also, is the quantum of work already done by the Federal Ministry of Works and Housing under the able leadership of His Excellency Mr. Babatunde Raji Fashola SAN, the Federal Housing Authority and other complementary agencies in this regard.

I hereby look forward to working closely with the Federal Ministry of Works and Housing, the management and staff of the Federal Housing Authority, other relevant agencies and our partners from the private sector.

I remain grateful to His Excellency, President Muhamadu Buhari for the enormous confidence he has reposed in us by this appointment, while looking forward to a period of diligent service.

Thank you and God bless you.

 

Senator Gbenga B. Ashafa

Managing Director/Chief Executive Officer

Federal Housing Authority of Nigeria

Power of Court to Override a Parents decision not to allow Blood Transfusion on their Child

Power of Court to Override a Parents decision not to allow Blood Transfusion on their Child


Blood
transfusion
 is the process of transferring blood or blood products into one’s
circulation intravenously. Transfusions are used for various medical conditions
to replace lost components of the bloodIn an emergency, a blood transfusion
can be what saves a patient’s life.

However, not everyone
believes in blood transfusions, for instance it is a deep belief between
Jehovah Witnesses that blood transfusion, according to their faith is not
acceptable. While every global citizen has the right to their choice of
religion, faith or beliefs, it can get tricky when the lines between justice, health
emergencies and religion cross. 

It is a general and
well-grounded principle of law that in the determination of a child’s rights,
the paramount consideration of the Court will be the interest of the child. The
Court takes this position in all matters, either it bothers on custody and
maintenance proceedings or life and death matters such as administering a blood
transfusion on a child.

This was illustrated in the
case of Tega Esabunor & Anor vs. Dr.
Tunde Faweya & 4 others, SC.97/2009
. In the matter, the first Appellant
was a one month old baby when the incident that led to this Appeal occurred. He
was very ill and would have died if the first Respondent did not act quickly
enough to obtain the Court Order that allowed him to administer the blood
transfusion. After first Appellant got well and was discharged from hospital,
the second Appellant, who fought against the said blood transfusion, because it
is against her religious beliefs, filed an Application wherein she prayed that
the Order for blood transfusion made on 12/5/1997, by the fifth Respondent, be
set aside. The Application was dismissed both at the High Court and the Court
of Appeal.

The Supreme Court when pronouncing
on the matter stated that; “all adults
have the inalienable right to make any choice they may decide to make and to
assume the consequences. When it involves a child, different considerations
apply and this is so because a child is incapable of making decisions for
himself and the law is duty bound to protect such a person from abuse of his
rights as he may grow up and disregard those religious beliefs. It makes no
difference if the decision to deny him blood transfusion is made by his
parents. When a competent parent or one in loco parentis refuses blood
transfusion or medical treatment for her child on religious grounds, the Court
should step in, consider the baby’s welfare, i.e. saving the life and the best
interest of the child, before a decision is taken. These considerations
outweigh religious beliefs of the Jehovah Witness Sect. The decision should be
to allow the administration of blood transfusion especially in life threatening
situations
.”

From the above pronouncement,
the Court once again reinforces the position of law as stated in Section 1, Child’s Right Act (2003) that best interest
of a Child to be of paramount consideration in all actions.




  AOC

AOCsolicitors@gmail.com

RE: Alegeh Urges Adesina, Ajibade To Support Akpata | Femi Falana SAN

RE: Alegeh Urges Adesina, Ajibade To Support Akpata | Femi Falana SAN

It is on record that Mr. Alegeh, SAN, a former President of the Nigerian Bar Association had congratulated Mr. Olumide Akpata on the 30th of July 2020 even before the conclusion of the 2020 NBA election. Mr. Alegeh has since urged Mr. Dele Adesina, SAN and Dr. Babatunde Ajibade, SAN to support Mr. Olumide Akpata for emerging victorious in the controversial election. I expect Mr. Alegeh to have realised that the support of both gentlemen for Mr. Akpata will not wish away the electoral fraud that has since been institutionalised by the NBA. No doubt, Mr. Alegeh SAN is entitled to congratulate Mr. Olu Akpata and mobilize support for him. But it is incumbent on Mr. Alegeh and other leaders of the NBA to ensure that the allegations of electoral malfeasance that characterize NBA elections are addressed. More so, that these allegations have serious implications for the collective honour and integrity of members of the NBA and the entire legal profession in Nigeria.

It is common knowledge that the 2016 and 2018 elections of the National Officers of the NBA were marred by e-fraud. The refusal of the ECNBA to produce a credible voters register and disclose the name of the Service Provider to the contestants heightened suspicion that the 2020 NBA election might be electronically manipulated. Incidentally, both Mr. Dele Adesina, SAN and Mr. Olu Akpata made these anomalies known to the ECNBA in their separate letters of 9th of July and 20th of July, 2020 to ECNBA. But the ECNBA did not reply the letters of both candidates. Even when the integrity of the 2020 NBA election was questioned last week the ECNBA did not speak up. It was the outgoing President of the NBA, Mr. Paul Usoro, SAN who unsuccessfully tried to defend the conduct of the election by the ECNBA. Mr. Alegeh may wish to persuade the members of the ECNBA to come out of their cocoon of silence and defend the grave allegation of a premeditated electronic fraud.

Notwithstanding Mr. Alegeh’s decision to mobilise support for Mr. Akpata he ought to encourage the ECNBA to defend the allegations of electoral malfeasance. In particular, the ECNBA should explain the basis for releasing the Verified Voters Register a few hours before the election contrary to the mandatory period of 28 days and why the verified register itself contained a list of voters far less than the number of verified voters for some branches of the NBA! For instance, 2800 members of the NBA Ikeja Branch were duly verified to vote. But in the voters’ list released a few hours to the election the number had been reduced to 1770. NBA Ibadan branch had 1072 verified voters reduced to 833; NBA Jos had 699 reduced to 452; NBA Markurdi had 478 reduced to 288; NBA Ilorin had 721 reduced to 344; NBA Akure had 447 reduced to 320; NBA Gombe had 232 reduced to 132. On the contrary, NBA Obollo-Afor had 39 names of verified voters increased to 662!

The ECNBA may also want to explain how the system ensured that the percentage of votes recorded for the 3 presidential candidates was consistent for 24 hours. In other words, are we to believe that all the voters throughout the country voted at a regulated percentage ratio at the same time for 24 hours! Some concerned members are desirous to know when the Diaspora Branch of the NBA was created since its members participated in the election. The ECNBA should equally explain why over 4,000 members without recognised branches appeared on on the List of Voters that was released a few hours to the commencement of the election. Therefore, Mr. Alegeh ought to persuade the members of the ECNBA to defend the grave allegation of a premeditated electronic fraud.

It will be recalled that the Independent National Electoral Commission had declared Alhaji Umaru Musa Yar’Adua the winner of the 2007 presidential election. The Supreme Court affirmed the electoral victory in a split decision of 4-3 Justices. But President Umaru Musa Yar’Adua publicly admitted that the election that brought him to power was flawed and proceeded to institute a panel headed by the Honourable Justice Mohammed Uwais, former Chief Justice of Nigeria to investigate the electoral malpractice that marred the elections and recommend substantial reforms of the electoral process. The panel carried out the assignment with diligence and made far reaching recommendations. But the refusal of the ruling political parties to implement the recommendations has continued to expose the nation to shame in the comity of democratic countries.

Finally, I recognize that Mr. Alegeh SAN is entitled to congratulate Mr. Olu Akpata and mobilize support for him. But it is incumbent on Mr. Alegeh and other leaders of the NBA to ensure that the allegations of electoral malfeasance that characterize NBA election are addressed and not swept under the carpet on a biannual basis. More so, that these allegations of impropriety and impunity have serious implications for the collective honour and integrity of members of the NBA and the entire legal Profession in Nigeria. Since lawyers prosecute and defend election petitions conducted by the Independent National Electoral Commission the NBA cannot afford to choose its National Officers through electronically manipulated electoral process. Therefore, Mr. Alegeh may wish to persuade the leaders of the NBA to defend the grave allegations of premeditated electronic fraud that has questioned the integrity of the 2020 election.

*Femi Falana, SAN, FCI Arb.*