Nigerian Law Mandating Treatment For Gunshot Victims

Nigerian Law Mandating Treatment For Gunshot Victims

The law mandating the compulsory treatment of gunshot victims was passed by the 8th Senate and signed into law by President Buhari in 2017. 

Before the law, it was the norm for hospitals to refuse treatment to gunshot victims despite the immediate medical attention needed to save the life of such victim. 
Among other things, Hospitals are now required to contact the family of the victim within 24hrs of identifying such person (Section 10) and ensure a proper record of such treatments are kept accordingly (Section 12). Read more on the Blawg 
www.legalnaija.com 
#linkinbio #gunshots #gunshotwounds #hospitals #doctors #Legalnaija #nigerianblawg #nigerianlawyer
Infrograph – Nigerian Suicide Laws

Infrograph – Nigerian Suicide Laws

Won’t you agree that we need to change our law on attempted suicide? 
The law criminalizes it and pays no attention to the mental state of the person. Rather such person would be bundled to jail for a 1 year sentence. 
The person may as well try again. 
#suicide #suicideprevention #legaleducation #legalnaija 
#nigerianlawyers #nigerianblawg
Meet The Participants At The Babalola’s Law Dictionary Quiz Competition

Meet The Participants At The Babalola’s Law Dictionary Quiz Competition

Meet the participants contesting at the 2nd edition of the Olumide Babalola Law Dictionary Quiz Competition

1. Mercy Ayodele – A.O. Fayemiwo &co.
2. Shade Kalesanwo- Grandlaw Partners
3. Olukolade Ehinmosan- A. O. Fayemiwo & co.
4. Sandra Eke – SPA Ajibade & co.
5. Ezeokoye Chukwuemeka – E. Osoka & Co.
6. Ogazi Emmanual- A. O. Fayemiwo
7. Ujah Ifeanyi- Grandlaw Partners
8. Bongning Wudirah- NYSC
9. Abdul Abdulateef- Ikeyi Shittu & co.
10. Olaitan Victor- Macbenson Consult
11. Oluwatomilola Oyewusi- Afe Babalola & co

Date is 7th June, 2019 and it promises to be an amazing event

Why You Need A Will / @AOCLegal

Why You Need A Will / @AOCLegal

A Will is a legal document prepared by a Testator stating how his/her estate should be distributed after the person’s death. 

Waiting till old age to prepare a Will may be too late because no one knows when they may pass away. People who have died without having a Will sometimes throw their families into chaos as bemeficiaries begin fighting among each other for a share of the property. 
You can prevent such problems by preparing a Will timely. 
If you have any questions on drafting or preparing your Will, kindly send a DM, post a comment or send us a mail. 
#nigerianlawyers #nigerianblawg #Legalnaija #AOCLegal #lagos #will testament testator #law
INTERVIEW: This year’s Conference will be the best ever says Barr. Kunle Edun, NBA National Publicity Secretary

INTERVIEW: This year’s Conference will be the best ever says Barr. Kunle Edun, NBA National Publicity Secretary

In preparation for the 2019
Annual General Conference of the Nigerian Bar Association, Legalnaija had an
exclusive interview with Barrister Kunle Edun, the National Publicity Secretary
of the NBA on what lawyers and delegates should expect at the Annual General Conference in August, 2019, we
can tell you one thing though, there would be free WIFI at the venue. Read the
interview below –

1.
The theme of this year’s Annual General Conference is “Facing the
Future”, what does that mean, the future of law, legal practice or
governance?

The theme of this year’s
Conference is very important because of the rapidly changing business
environments that lawyers are compelled to work in.  The various sessions
of the Conference will deliberate on subject matters in various fields of human
endeavour and will lead conversations that will prepare the Nigerian lawyers
for the future taking into consideration the evolving business world  and
to also anticipate adaptive measures that legal practitioners will be required
to embrace in light of these evolutionary trends.

2.
Why is there no archive of videos from past NBA conferences on the NBA website?

You may be talking about
past Conferences. The 2019 AGC Conference will have robust contents on every
information a conferee will need to know about the conference. List of speakers
and their papers will be uploaded. Landmark events including pictorials about
the conference will be a regular feature. We are working on also including
tourist sites in Lagos for the benefit of members who may want to have some
relaxation. It is going to be a bumper package for Conferees.

3.
What is in place to encourage grants and researches on topical issues after the
annual NBA-AGC?

Considering the importance
of theme of the Conference which is, Facing the Law, the NBA will use this
year’s Conference to set the conversation tone for the future of the legal
profession. So it is not a one-stop affair. The NBA Section on Legal Practice,
the Section on Business Law and the Section on Public Interest and Development
Law are integral components of the conference. Their individual Conferences
enjoy grants and sponsorships from corporate Partners. The sponsorship has been
made possible because of the continued relevance of the conferences organised
by the NBA. Topical issues that are drivers for the economy and political
development of the country have endeared many sponsors and partners to the NBA
Conference. We are gradually having an increasing participation of
international organisations, thusly making the NBA an established global brand
which ultimately internationalize the Nigerian legal profession. 

4.
Has any of the position papers and debates from the NBA – AGC Translated into
national or state policies?

Yes. The enactment of the
Administration of Criminal Justice Act and Administration of Criminal Laws of
the various States are offshoots of discussion points set by the NBA and
sponsored by the MacArthur Foundation. The NBA has set the tone on State
Police, true federalism and the entrenchment of rule of law. The innovations
brought into the extant Fundamental Rights (Enforcement Procedure) Rules were
set by the NBA Conferences. Many appellate Judicial decisions reflect the
consensus reached at the NBA Conferences. The society must keep on evolving and
the NBA being a major social influencer has been playing it’s social
responsibility roles effectively.

5.
Last year many lawyers could not register for the conference due to problems on
the registration portal, will lawyers experience this again?

This year’s Conference will
be an improvement. The registration portal has been greatly improved and the
TCCP took into consideration the challenges faced by delegates in previous
conferences. We also have a dedicated help desk that would be willing to assist
intending Conferees should they have any challenge.

6.
The Technical Committee on Conference Planning (“TCCP”) has announced
that there wouldn’t be onsite registration at the AGC, what is the TCCP doing
to ensure that delegates receive their conference materials within time
& with less hassles?

Yes, there would be no
onsite registration. We have observed that some of the Conferees that
complained of non or delayed receipt of their Conference materials, actually
paid onsite or very late. We want to satisfy members and want the issue of
complaints about Conference materials to be a thing of the past. Hence adequate
preparations would also require intending Conferees to register on time,
particularly our senior colleagues. It is therefore important that senior
lawyers register early too. This will assist us in preparing early. The
distribution of conference materials will be seamless. I can assure you on
that.

7.
Are there any eminent or international personalities that will be attending the
NBA – AGC.

Yes. Traditionally the
President of the Federal Republic of Nigeria would be present at the Opening
Ceremony. Arrangements have been firmed up with some international speakers.
The IBA President has confirmed that he will attend the conference. This brings
more international flavour to the conference.  However, for this year’s
Conference we would also have a very rich assemblage of prominent and
internationally acclaimed Nigerian speakers. This country is blessed with great
intellectuals and we are tapping into that rich reservoir. If we are to face
the future we have to also be inward looking.

8.
Which artist would be performing at the AGC?

The Local Organising
Committee chaired by Chuka Ikwazuom, the Chairman of Lagos branch and his
brother Chairmen in Lagos State are preparing a full package of social events.
Getting close to the conference the identities of special star appearances
would be announced. Members are urged to prepare for a good time and regularly
visit the conference website for news bits.

9.
Many lawyers are complaining about the high conference fees despite the recent discount,
any comments?

The NBA President, Paul
Usoro, SAN assured members that this year’s Conference would be pocket
friendly. Taking this into consideration the TCCP made a proposal at the NEC
meeting of what lawyers should pay. The NBA President advised that the TCCP
reviews the fees downward. This compelled a 25% discount for lawyers between
the ages of 1-10 at the bar. We still got more complaints and requests for
further reductions. The NBA President is a listening President. The TCCP with
the approval of the NBA President made a reduction across board for all the
categories of intending Conferees. In taking this decision the TCCP recognized
the fact that the conference fees paid for the 2018 Conference were actually
the same that were paid for the 2017 Conference; also considering the
increasing inflationary trend in the country. The venues and materials that
would be required for the conference have had their rates increased since 2017.
The service providers also increased their prices. There is a general donor
apathy because of the economic situation of the country. However, we are still
poised to deliver a quality Conference where there would be no complaints from
members.

10.
Will lawyers receive any conference materials of relevance like research tools
etc.

Yes, there would be
customized Conference materials. Since we are looking at the future we are also
considering presenting a sort of Mobile office Conference materials that would
be in a specially designed Conference bags which will also come with many
freebies. We are not yet closed on the freebies to be included because we are
still discussing with more service providers to enable us include as many
quality freebies as possible. Something that would gladden delegates.

11.
Will there be internet?

There shall be free WiFi at
the conference venues.

12.
Will President Buhari be attending the conference?

We are loking forward to the
President coming.

13.
Will issues such as welfare of lawyers be discussed at the conference?

Some of the topics to be
discussed by some fora and sections will touch on welfare of members,
particularly on innovations for making law practice to thrive. We also have
topics that will touch on improving the welfare of younger lawyers and the new
vistas in the legal profession.

14.
The huge cost of holding the NBA-AGC has come up many times, what is this
administration doing to reduce cost of organisation while increasing the output
of the conference?

NBA is the largest bar in
Africa. We expect participation for this year’s Conference to be around 13,000.
This would require enormous funds to organise. However, we should be looking at
cost reduction measures where necessary without sscrificing quality. The TCCP
is embarking on aggressive funds drive. The Fund Raising Sub Committee is doing
a hard work on that. Like I said earlier there is a general  donor apathy.
The value of the naira has not improved. I agree with you that in the long run,
all things being equal, we should work on reducing the conference fees, which
has always been the intention of the NBA President.

15.
The main venue of the Conference will be the Convention Centre of the Eko Hotel
& Suites in Victoria Island, Lagos while the Harbour Point Event
Centre, also in Victoria Island, will serve as an additional venue. Will there
be free transportation to take lawyers from one centre to the other?

Yes. The LOC is working on
ensuring that the transportation from the various points and routes are less
stressful. We are also partnering with the FRSC to make the routes to and from
the conference venues free or low on vehicular traffic as much as possible.

16.
What would you like lawyers to look forward at this NBA – AGC?

The best ever held
Conference within living memory. We welcome all intending Conferees to the
beautiful city of Lagos, Nigeria.

Looking forward to seeing all
lawyers at the Annual General Conference, it is important to note that
registration for the AGC has commenced and you can register for the 2019 NBA
AGC here.

TCCP 2019 AGC Notice Update

TCCP 2019 AGC Notice Update

We wish to advise intending conferees to register for the conference only with their correct personal and professional details: name and age at the bar are mandatory. The e-paymnt portal has inbuilt capacity that automatically detects wrong entries. We advise members to be very certain about their personal details when registering. 

Be further informed that TCCP has also made additional arrangement for a second security filter at the Conference venue for all Conferees. The devise shall be used at random by security officials assisted by TCCP officials for all Conferees before accessing the Conference venue. The purpose of this security arrangement are 
a) to ensure that the entries in our data match with the details of the person presenting the access card. 
b) as a cautionary  additional security layer.
It is therefore important that intending conferees enter their correct details when registering. 
*REGISTRATION OR ATTENDANCE BY PROXY SHALL BE CONSIDERED AS A SERIOUS SECURITY AND A GROSS PROFESSIONAL MISCONDUCT .* 
Thank you.
Kunle Edun
Chairman, TCCP-2019 AGC Media & Publicity Sub Committee.
NBAAGC UPDATE- Registration for the #NBAAGC2019 has commenced

NBAAGC UPDATE- Registration for the #NBAAGC2019 has commenced

The Technical Committee on Conference Planning (“TCCP”) of the Nigerian Bar Association (“NBA”) wishes to inform members of the Association and the General Public as follows:

1. Registration for the Conference commences at 12:01 am on Sunday 26th May, 2019.

2. As previously mentioned, registration CAN ONLY BE PROCURED ONLINE by visiting the Conference website: www.nbaconference.com or the NBA website: www.nigerianbar.org.ng and clicking on the Conference link.

3. We would like to assure prospective Conference delegates that all necessary measures have been put in place to ensure a seamless and hitch free registration process. In the unlikely event of any registration difficulties, we have set up a dedicated Registration Help Desk at our Contact Centre which can be reached by email at: info@nbaconference.com or by telephone on: 09031500091, 09031500092, 09031500096, 07056827698.

Take advantage of the early bird registration NOW & see you at the NBA conference

NBA AGC 2019 Update: NBA Reduces Participation Fees Across Board

NBA AGC 2019 Update: NBA Reduces Participation Fees Across Board

The Technical Committee on Conference Planning (“TCCP”) of the Nigerian Bar Association (“NBA”) wishes to inform members of the Association and the General Public as follows:

1. The 59th Annual General Conference (“the Conference”) of the NBA is scheduled to hold in Victoria Island, Lagos from the 23rd to the 29th of August, 2019.
2. The Theme of the Conference is “Facing the Future” and it will feature over 30 Technical Sessions at which subject-matter Experts in various fields of human endeavour will lead conversations primarily aimed at envisioning the future of the Legal Profession, within the context of a rapidly changing and evolving world, and anticipate the adaptive measures that practitioners will be required to embrace in light of these imminent changes.
3. The main venue of the Conference will be the Convention Centre of the Eko Hotel & Suites in Victoria Island, Lagos while the Harbour Point Event Centre, also in Victoria Island, will serve as an additional venue.
4. Attendance at the Conference will be open to all members of the NBA as well as the General Public albeit registration for the Conference can only be procured online by visiting the Conference Website: www.nbaconference.com or the NBA Website: www.nba.org.ng from Sunday 26th May, 2019.
5. The prescribed Fees for participation at the Conference (“Conference Fees”) are as follows:
  
It is to be noted that these Fees represent a significant reduction from the 2018 AGC Early Bird Fees for the different categories of members of the Association.
6. For further information on the Conference, members of the Association and the Gener lal Public are enjoined to visit the above mentioned websites or contact the TCCP Help-Desk by e-mail: info@nbaconference.com or by telephone: +234 705 682 7698, +234 803 869 5936 and +234 905 551 5556.
  
IP ABC – Question of the Week

IP ABC – Question of the Week

We are TechieHealth, a
mobile-health service provider in Nigeria. Recently, we contracted an app
developer Kome Oruma, to build a mobile-health app for us. We agreed to pay
50% upfront and pay balance after delivery of the app. After 12 weeks, Kome
Oruma completed the app. To our surprise, Kome Oruma requires that before she
delivers the app to us we must sign an agreement which recognizes her
as copyright owner. Since we are paying for the app, we refused this demand. In
fact, we demanded that Kome Oruma should either hand over the app along
with all login protocols or forgo her 50% balance and also prepare to face
legal action. But Kome Oruma has not moved a bit. Is an app developer
entitled to copyright in an app developed for a client?

Dear TechieHealth

The answer is YES, an app
developer is entitled to copyright in an app developed for a client. But being
a software program, copyright applies to the source code used in writing the
app only, not the resultant app itself. While Kome Oruma is entitled to copyright
in the source code behind the app, TechieHealth is entitled to ownership
of the resultant app after paying balance for the job. This is where
intellectual property differs from real property. Therefore, Kome Orume is
obliged to deliver the app to TechieHealth after full payment has been made,
But TechieHealth upon receiving the app along with login protocols must not
infringe on Kome Oruma’s copyright in the app by involving in unauthorized
acts, including reproduction, distribution, sale, or other infringing
acts.


Software programs are eligible for copyright protection under the Nigerian
Copyright Act.

Software programs or computer programs are literary works eligible for
protection under the Nigerian Copyright Act. It enjoys the same copyright protection
in most parts of the world. Under section 51 of the Act, “computer
programs” means a set of statements or instructions to be used
directly or indirectly in a computer in order to bring about a certain result’.
The same interpretation section then recognizes computer programs as a literary
work. Section 1(1)(a) of the Act makes literary works eligible for
copyright protection.



First ownership of a copyright work vests initially in the author of the work.
This is by virtue of section 10(1) and (2) of the Nigerian Copyright Act,
unless there is a contract between the parties that stipulates otherwise.
Having expended sufficient effort for 12 weeks in developing the mobile-health
app, Kome Oruma has given the app originality. She has also written the software
program in a fixed medium by saving it in a CD ROM, disk, or other electronic
storage device. These entitle Kome Oruma to copyright ownership.



Consequently, Kome Oruma enjoys exclusive right to control reproduction,
publication, distribution, or adaptation of the app. TechieHealth does not
have any copyright in the work. Your right in the app is limited to the
resultant app only.

To avoid uncertainties that
often result in disputes, always insist on a software development agreement.

Before contracting a software-development job to a software developer,
always request that the developer makes his or her software-development
agreement available to you.



This agreement will contain the rights and liabilities of both parties, stating
terms and conditions that apply to the app before and after
delivery. Typically, the software developer will retain copyright to the
source code while the client enjoys ownership of the resultant app. Details
about after-delivery improvements, upgrades, etc will be in the agreement.



With a software-development agreement, both parties are clear about each
other’s rights and liabilities from the outset, thus avoiding or minimizing
disputes between the parties after completion of work.

Apart from preventing disputes
between the parties, a software development agreement also minimizes unforeseen
risks.

Third-party liabilities is a
major risk in software development contracts. Third-party liabilities often
arise when for instance a software developer infringes on another person’s
copyright by copying source codes that are subject to copyright in the course
of developing the app for an innocent client. (If the aggrieved third party is
a competitor to the client, the matter becomes even worse. A good software
development agreement takes care of such risks.)



So always insist on a software-development agreement. If the app developer has
none, ensure that one is prepared for the parties. It is especially in the
contracting party’s best interest.

Wrapping Up

Understandably, TechieHealth
desires complete control over the mobile-health software. But
copyright doesn’t work that way. A software developer
statutorily enjoys first authorship. If TechieHealth wants absolute
control over the app, including source code, a written contract between the
parties to this effect is not illegal. Having failed to arrange for this early
on, TechieHealth should negotiate.

Contact an IP lawyer or law firm to help review the app developer’s
written contract and provide legal advice.  

Best wishes


IP ABC


Follow-up questions, if any, are welcomed.