4. Why has FGN decided to embark on this anomalous course of charging the CJN before the CCT without first presenting whatever facts it purportedly has against His Lordship to the NJC for its deliberation and determination? The Petition that triggered the CCB action was on its face received by the Bureau on 09 January 2019 and the Charge was promptly drafted and is dated the following day, 10 January 2019 – giving the CCB a record 24 hours for completion of
its investigation and the drafting of the said Charge and ancillary processes! If one
contemplates the fact that the CCT arraignment is scheduled to take place on 14 January 2019, we have in total a record number of 3 (three) working days between the receipt and processing of the petition, investigation, preparation of Charge and ancillary processes and the arraignment! Such unprecedented speed and efficiency in Nigeria’s criminal justice administration! It is clear, given the rush with which this matter was conducted by the CCB, that
the NJC was not privy to it and did not conduct its mandatorily required disciplinary processes prior to the filing of the Charge before the CCT.

One of the main goals of FIFA (especially as regards club football) is the maintenance of contractual stability amongst its members. To this end, it has statutes and regulations guiding relationships, as well as dispute resolution and disciplinary bodies, which help settle disputes and punish erring members respectively.

Due to the specificity of sports, FIFA generally expects parties to approach football/sports tribunals whenever disputes arise. Thus, FIFA expressly bars its members (Member associations of FIFA, confederations, clubs, players, coaches, or licensed match agents) from approaching civil courts.

Article 59 (2) of the FIFA Statutes (2018)provides thus:

“Recourse to ordinary courts of law is prohibited unless specifically provided for in the FIFA regulations. Recourse to ordinary courts of law for all types of provisional measures is also prohibited.”

While many people are aware that there is a prohibition contained in the FIFA Statutes, most of them do not know that the prohibition is subject to any contrary provision contained in any other Regulations of FIFA. Note that it says: “…unless specifically provided for in the FIFA Regulations”.

In light of the above observation, the question to ask is: is there any other Regulation of FIFA that specifically permits recourse to ordinary courts as regards some subject matters? The answer is yes!

Article 22 of the Regulations on the Status and Transfer of Players (RSTP) 2018 permits Clubs, Players (and by extension, Coaches) to approach civil (ordinary) courts as regards employment-related disputes. It provides thus:

“Without prejudice to the right of any player or club to seek redress before a civil court for employment-related disputes, FIFA is competent to hear…”

If the two provisions quoted above are read conjunctively (as they should be), they obviously establish the fact that civil courts have jurisdiction over football disputes, where the parties are clubs, or players or coaches, if the dispute stems from an employment relationship.

In further support of this, there are some decisions of the Dispute Resolution Chamber of FIFA, where it has decided that Clubs, Players and Coaches have the right to approach civil courts as regards employment-related disputes. For instance, in the DRC Decision of 16th October 2014, No. 10143276, the DRC held that the RSTP does not bar players and clubs from referring employment-related disputes that have possibly arisen, to the local national courts. See also FIFA Commentary, explanation on Article 22, at page 64.

In addition, it does not matter if the League Rules of a nation or the Statute of its national football association expressly prohibit recourse to civil courts. This is because, the provisions of the FIFA Statutes and the RSTP take precedence in such cases. It is only the employment contract between the club and player or coach (as agreed between the parties) that can deny civil courts of jurisdiction, if it expressly provides that recourse to civil courts as regards any dispute is prohibited, or if it expresslyprovides that disputes shall be settled only by sports tribunals (such as that country’s Players’ Status Committee (PSC), National Dispute Resolution Chamber (NDRC) of that country, PSC of the Confederation, FIFA or CAS).

In fact, it has been held in previous CAS Arbitral Awards that it is not sufficient (and cannot stand as a bar) if the employment contract merely states that the parties shall abide by the provisions of the League’s Rules and/or the Statute of its national football association. It has been decided that the employment contract has to expressly and unequivocally confer jurisdiction on the national dispute tribunal of that country for it to deny any other platform of jurisdiction. See CAS 2014/A/3682 Lamontville Golden Arrows Football FC v. Kurt Kowarz & Fédération Internationale de Football Association (FIFA), award of 14 July 2015 where it was held that the requirement for a clear reference in the employment contract to the jurisdiction of an independent arbitration tribunal applies to both players and coaches. In this respect, see also, Article 22 (b) of the RSTP (2018).

It is worthy to note that FIFA Commentary on the RSTP (footnote 101 on page 66) expressly provides that to invoke the jurisdiction of an independent arbitration tribunal at national level, ‘a clear reference to the competence of the national tribunal has to be included in the contract of employment’ and that ‘at the moment of signing the contract the parties shall be submitting potential disputes related to their employment relationship to this body’.

Conclusively, it is my opinion that even where the employment contract expressly and unequivocally confers jurisdiction on the national football tribunal of a country, in the event that such tribunal is not constituted, or is not functional [as in the case of the Arbitration Committee of the Nigerian Football Federation (NFF)], a party may decide to approach a civil court (in the case of a Nigerian Player or Coach), or the FIFA PSC or DRC (in the case of a foreign Player or Coach), if such party has first written to the NFF Arbitration Committee wherein it submitted the dispute to it for adjudication, but the Committee failed to act (as is often the case).

A cue can be taken from Article 22(c) of the RSTP which has been interpreted to mean that FIFA would assume jurisdiction in employment-related disputes of “international dimension” where there is no “existence” of a national arbitration tribunal. It can, in the same vein be argued that in the absence of a national arbitration tribunal, employment-related disputes of “national dimension” can alternatively be tabled before civil courts; especially where it can be established that the supposed existing national arbitral tribunal has not been carrying out its function. In the case of Nigeria, I am aware that the NFF Arbitration Committee has not given Decisions over employment-related disputes (overdue payables) since its 2010 set of decisions; most of which have not even been complied with by the concerned clubs till date. This is perhaps what gives a host of Nigerian clubs the guts to owe players and coaches, knowing fully-well that there would be no consequence.

In such a circumstance, i am of the view that the National Industrial Court would not reject jurisdiction over such a case if it is approached, in order to end players and coaches being at the mercy of non-constituted or non-functional national arbitration tribunals.

Written by: ‘Tosin Akinyemi, Esq.

Source: Sportlicitors 

It has become common practice to include arbitration clauses in commercial agreements as a form of dispute resolution but is arbitration best suited for you? There are a number of factors to consider when choosing whether to litigate or arbitrate. 

1. What is the form of the dispute, is it commercial in nature or otherwise. Most times arbitration are best suited for commercial disputes. 

2. Can parties afford to pay the Arbitrator? 

3. Will parties dispute the award? 

4. Will arbitration save cost?

5. Will it maintain the business relationships between the parties? 

6. Is time of the essence? 

7. Does the agreement contain an Arbitration clause? 

All these and much more will determine the suitability of your dispute for arbitration or litigation. 

Do you have any questions on Arbitration, pls ask in the comment section or send a DM. 

#businessmondays #businesslaw #legal #arbitration #advocate #litigation #courts #lawyer #lagos #nigerianlawyer

The
success or failure of an economy depends a lot on policy formation and
implementation, with the Nigerian economy not doing well, it is important that this
year we look deeper and more critically at certain issues that arose last year
how we can deal with them this year, economics doesn’t necessarily run by
years, but by happenings and events. Chief amongst these issues is the
realities of the Nigerian banks, their health, which balls down to how they are
being managed. While I can go on with the inadequacy of the will power of the
political class, I have chosen not to do that, this is because there is a need
to charge the directors of corporate bodies, with the duty to manage the organisation
and the monies of investors well.  

As the
court stated in Adeyemi v. Lan &
Baker Nig. Ltd[i]
: “There is nothing sacrosanct about the veil of incorporation of a
company. Thus if it is discovered from the materials before a court that a
company is a creature of a biological person be he a managing director or a
director and that company is a devise or a sham or mask which he holds before
his face in an attempt to avoid recognition by the eyes of equity the court
must be ready and willing to open the veil of incorporation to see the
characters behind the company in order to do justice”

Cash is
the backbone of any advanced economy. As a matter of fact, it is the blood
through which life flows throughout the economy, meaning that when there is no
money in the economy of a state, everything crashes, the importance of funds
for the sustainability of economy and the state as a whole cannot be
overemphasized. Any arrangement that influences the banking sector straightforwardly
or by implication influences the whole economy. This is why serious countries
protect the banks and in return makes it responsive to them, such that no one
can cheat the investors of the money that they have invested. This is not to
say that losses are possible, but they are well managed.

There
have been diverse changes equipped towards making the banks solid and
dependable financial institutions to guarantee the security of depositors’
funds and in addition guarantee that the banks are all around set to assume
their job of financial intermediation in the nation, where Financial
intermediation means the process in which financial institutions particularly
commercial banks mobilize from surplus economic units in form of savings and
channel such funds to the deficits units or sectors of the economy who are in
need of funds to carryout useful economic activities through loans or mortgages[ii].

The
recent and most successful reform yet, is the banking sector consolidation in2004.
To accomplish this soundness in the banking system, the Central Bank of Nigeria
raised the minimum shareholders’ fund for commercial banks from N2 Billion to N
25 billion through the recapitalization process. This led to merger and
acquisition amongst banks in Nigeria. While some others raised the required
capital through private placement, public offers and right issues. The
consequence of this procedure is the conclusion of numerous feeble banks
because of their powerlessness to raise the required capital. And after that
the rise of 25 standard business banks in the nation. This procedure made
Nigerian Banks steady, solid, able and internationally focused. Of those 25
banks, some have merged and others transformed[iii].

This shows
why it is important that we make our banks more responsive to us. While it is
impossible for every customer or shareholder of these banks to do this because
of the rowdiness and clumsiness it will cause. The Central Bank of Nigeria Act
of 2007 of the Federal Republic of Nigeria charges the CBN with the overall
control and administration of the monetary and financial sector policies of the
Federal Government. The objects of the CBN are as follows: ensure monetary and
price stability; issue legal tender currency in Nigeria; maintain external
reserves to safeguard the international value of the legal tender currency;
promote a sound financial system in Nigeria; and act as Banker and provide
economic and financial advice to the Federal Government[iv].

The CBN
is of charged with the responsibility of administering and overseeing the implementation
of the Banks and Other Financial Institutions (BOFI) Act (1991) as revised
Section 1(1) of this demonstration so gives, with the sole point of
guaranteeing elevated requirements of saving money practice and monetary
strength through its observation exercises, and in addition the advancement of
a productive instalment framework. The CBN with these forces has the obligation
of keeping up mental stability in the saving money and fund segment. The laws
and codes would not implement themselves, it is high time the CBN began doing
this. The administrative imperfections which prompted the events of Skye Bank
and eventual raise of Polaris Bank could have been avoided, I believe and
certain persons responsible for this be brought to book. The intervention of
the CBN was amazing, brilliant and timely.

Also,
the merger between Access Bank and Diamond Bank, which they initially denied,
tagged ‘Deal of the Year,’[v]
by writers and analysts was a huge relief to the Central Bank of Nigeria (CBN).
If this merger had not been done the apex bank would have again be called upon
to savage the situation as it did for the liquidated Skye Bank. Had this not
pulled through, it would have resulted in fearful shivers been sent down the
spines of depositors and investors, both foreign and local, which would not
have been good for the Nigerian banking system, bearing in mind that our
economy is not what it used to be. As we enter 2019, no one can foretell the
negative multiplier effects of such a development, at a time the uncertain
outcome of a general election is just around the corner. History as shown us
well enough that stocks and investments often times do not do well during the
Nigerian elections.

The
Nation stated as far back as November, 12, 2018 “that the CBN is well
acquainted with the development. The regulator’s acquiescence to the deal was
informed by the recent event that led to the liquidation of Skye Bank, and the
apex bank not being disposed to following that route because of the huge cost
implication that a bailout of Diamond Bank might require, encouraged the
discussions.”[vi]
The different interventions of the Central Bank of Nigeria were timely and
brilliant, however to what extent would it be advisable for us to keep on doing
this? It would only be reasonable to charge the CBN to investigate these banks
and put them on their toes. This is not just safe for the investors and
potential investors, it is also healthy for our economy.

Code Of
Corporate Governance For Banks In Nigeria Post Consolidation which became
Effective on the 3^rd of April 2006 highlighted a Weaknesses in
Corporate Governance of Banks in Nigeria (Paragraph 2.0) some of which includes
Disagreements between Board and Management giving rise to Board squabbles;
Ineffective Board oversight functions; Fraudulent and self-serving practices
among members of the board, management and staff; Overbearing influence of
chairman or MD/CEO; Weak internal controls; Non-compliance with laid-down
internal controls and operation procedures; Ignorance of and non-compliance
with rules, laws and regulations guiding banking business; Passive
shareholders; Poor risk management practices resulting in large quantum of
non-performing credits including insider-related credits; Technical incompetence,
poor leadership and administrative ability; Inability to plan and respond to
changing business circumstances; Ineffective management information system.
Twelve years down the line this weakness is still with us, all of which can be
dealt with. It is understandable that it takes a lot of public funds, time and
energy to deal with the challenges, however if we don’t not do this now, we may
end up in the vicious circle of failed banks and forced mergers. The provisions
of the code are mandatory, the CBN should enforce them.

I will
close with the words of Lord Denning who observed in Norwest Holst v. Secretary of State for Trade[vii]
in relation to section 165 of the UK companies act 1948 on which section 167 of
the Nigerian Companies Act 2004 dealing with investigation of company were
based as follows:

…Public companies are conducted in a way which is beyond the
ordinary shareholders. The majority of the shares are in the hands of two or
three individuals. These have control of the company’s affairs. The other
shareholders know little and are told little. They receive glossy annual
reports. Most of them throw into waste papers basket. The whole management and
control is in the hands of the directors. They are a self-perpetuating
oligarchy, and are virtually unaccountable. Seeing that the directors are the
guardians of the company. The question is asked? Quis Constodient Ipsos
Custodies? Who Will Guard the Guards Themselves?

-Written by Saka, Basit Kolapo, Esq.

Saka is
a lawyer with keen interest in corporate/commercial law as well as international
commercial arbitration. He is not just concerned about policy making but also
concern about policy implementation, which is why he uses his pen to drive home
this point, thus spurring governments and citizens to action.

---

Ask a Nigerian if they have a lawyer and they respond “do you wish me evil?, why should i have a lawyer if i am not in trouble”. .

Plus i can google any legal questions i  have, RIGHT?…….

.

WRONG!!! .

What a lawyer can see while sitting, you cannot see in a flying saucer 🤣

.

Anything can go wrong at any time but that’s not when you need a lawyer, you need a lawyer to ensure nothing goes wrong in the first place 👍🏿 Do you have any legal questions, ask us. 

#nigerianlawyer #legalprofession #lagos #aoclegal #legal #lawyersrock #lawyerlife #blawg

A purported letter credited to Miss Carol Ajie and addressed to President Muhammadu Buhari, et al, has been making the rounds on social media in the past few days. The said letter is asking their excellencies to derecognise Mr Paul Usoro SAN as the NBA president.

Mr Paul Usoro was elected as the president of the NBA in August 2018 by a majority of lawyers who voted in an election that was keenly contested.

Till date, there has neither been an impeachment or resignation by Mr Paul Usoro SAN. To this end, both dejure and defacto, Paul Usoro SAN remains the duly elected president of the NBA with the mandate of a vast majority of lawyers in Nigeria.

Carol’s infantile letter raises a number of issues some of which would be highlighted below. 

First, on what authority is Carol writing the purported letter to PMB and Ors? Carol is only a member of the NBA. She is neither an officer of the Association nor a member of its board of trustees. This alone makes her intentions glaring and one can see through it that only selfishness and bad faith could have induced the writing of such letter.

Has Carol not deceived the public enough? This time, she has gone to dig up an old news in a vanguard publication of 04 November 2016, only to redate it 02 January 2019.

Second, there are laid down procedures in the NBA constitution for any aggrieved member of the Association to ventilate his/her grievance. Carol has not utilised any of these procedures. There has never been a motion to remove or impeach Mr Usoro as the NBA president.

On the contrary, at the December 2018 NEC meeting of the NBA, the president got a standing ovation from lawyers after listening to the truth about the false allegations of the EFCC. One now wonders where Carol got her basis from when she asserted that after the arraignment of Mr Paul Usoro, her colleagues called for his resignation.

As a corollary to the above, one would ask; on what basis is Carol writing busy executives like their Excellencies the purported letter? The NBA is a private Association of lawyers. It is neither a government agency nor a creation of statute. In view of this, I make bold to say that PMB and their other Excellencies to whom the letter is addressed have no business with recognising or derecognising Mr Paul Usoro as the NBA president as the case may be. No other candidate is laying claim to the revered seat and there is no conflict howsoever as to who is the president of the NBA. 

Carol’s letter is mischievous. It represents a bitter fight against the NBA leadership for refusing to allow her hoodwink the leadership of the NBA into doing her whims and caprices. The purported letter only serves her personal and selfish interest and should be disregarded by every right thinking person.

In any event, Mr Paul Usoro is not deterred in his bid to fulfill his campaign promises of making the NBA more professional, transparent and true to its purpose.

I personally think that Carol’s conduct in the scheme of things is getting out of hand and is unbecoming of a legal practitioner. It is time to make her take responsibility for her actions. It is no longer enough to ignore Carol’s wicked and evil antics of continuously maligning and blackmailing the person of Mr Paul Usoro SAN and indeed the NBA leadership.

I say this because she’s done same to past NBA Presidents and gets emboldened to continue by the inaction of members.

I personally appeal to the NBA leadership to take disciplinary actions against this squaremouthed folk of a woman called Carol Ajie.

Enough is enough!

Kingsley Iheakaram

A REJOINDER TO THE NOTICE OF DE-RECOGNITION DATED 2ND JANUARY WRITTEN  BY ONE CAROL WHO IS ALLEGED BY SOME PERSONS TO BE SUFFERING FROM BIPOLAR DISORDER.*

Respectfully, I wish to react to the paragraphs of the allegations, conclusions and unmeritorious claims made by the author of this script or letter.

Paragraph 1 talks about Civil Servants. There are code of conducts guiding the discipline of civil servants and also some employees of notable organizations,  and same varies with respect to their peculiar circumstances. The NBA President is not a Civil Servant neither is he an employee, also he hasn’t breached any provision of the Constitution guiding the Profession. Neither is he found wanting as regards the purported charge framed by the anti-graft body nor is he found wanting based on his official capacity as the NBA President.  I refer you to the NBA Constitution  and also the Civil  Service Rule of each State and that of the whole Federation, whichever is applicable.

Paragraph 2 and 3 talks about the statement made by the past NBA President as regards the trial of Judges when the DSS raided them unlawfully. Well, it’s so sad to know and note that the author of this content I am responding to clearly is misguided or confused as to the circumstances warranting such statement. More so while it might be true the past NBA President released a statement that the Judges step aside, it’s also interesting to note that majority of lawyers frowned at that. The Google search engine has numerous posts as regards this. It might also be interesting to note at this juncture that assuming without conceding that the Judges were made to step aside during this period and still continue with their position, the position of the NBA President is an ELECTIVE POSITION AND NOT ONE BY APPOINTMENT. There are laid down procedures and provisions when any one seen aggrieved about a matter or situation to elective office holders. E.G we have Donald Trump,  a Parliamentarian in the UK recently who was sentenced but still holds the position of being in the parliament, we have President Buhari who was alleged, sued as regards  some baseless allegation and so on. Like our Courts will say, each case should be decided on the strength of its own peculiarity. So dear Carol, you goofed because the false allegation you are relying on does not stem from MR USORO SAN actions or inactions as the President of the Bar. The allegation against judges were in connection with their Judicial function as Judges.

Paragraph 4 talks about an obiter dictum and I will humbly refer the writer to the following decided authorities; ODUNUKURE v. OFOMATA & ANOR (2010) LPELR-2250(SC)

“An obiter dictum is a statement made in passing which does not reflect the ratio deidendi, that is the reasoning or ground upon which a case is decided.” Per ADEKEYE, J.S.C (P. 48, para. A)case is decided.” Per ADEKEYE, J.S.C (P. 48, para. A) also in the decided case of EYO & ORS. v. OKPA & ANOR. “A comment or statement of the court, which is not necessary for the determination of the issues joined in the parties’ pleadings, is an obiter dictum. It has no binding authority and cannot be subject of an appeal. See: Wilson vs. Osin (1998) 4 NWLR (Pt. 88) 324; Buhari vs. Obasanjo (2005) 13 NWLR (Pt. 941) 1; Saude vs Abdullahi ( 1989) 4 NWLR (Pt. 116) 387; Ngige vs. Obi (2006) 14 NWLR (Pt. 979). The word ‘Obiter’ simply means in passing, incidental or cursory. See: Mohammed vs. Lawal (2006) 9 NWLR (Pt. 985) 400”. Per OMOKRI, J.C.A. (P. 33, paras. A-C) Other cases are; Wilson vs. Osin (1998) 4 NWLR (Pt. 88) 324. I am further emboldened by the case of OROK v. THE STATE (2009) LPELR-8271(CA) where the Court held that “The 6th Edition of the Black’s Law Dictionary at page 1072 explains obiter dictim as “words of an opinion entirely unnecessary for the decision of the case. Noel vs. Olds 78 U.S. App. D.C 155, 138 F. 2d. 501, 588. A remark made, or opinion expressed by a Judge in his decision upon a cause, “by the way” that is incidentally or collaterally and not directly upon the question before him, or upon a point not necessarily involved in the determination of the cause, or introduced by way of illustration, or analogy or argument. Such are not binding as precedent. By virtue and reliance on the above case, it can be said and safely concluded that Carol has seriously goofed and no law or statute can support her unmeritorious allegations.

Paragraph 5 of the content is very malicious in nature. The Usoros have been directly and indirectly involved in the growth of the profession. If not for the Usoros, I’m sure the author would not have the privilege of enjoying the GSM today. Thanks to the amiable leads drafts man of the communication laws in our country MR. USORO SAN, and to his wife who has also served in numerous ways that I would list richly as I respond in this paragraph. The most recent involved is the 2017 NBA Conference which is still one or even the best till date, and the Usoros were actively involved. Paul is a committed and active member of the NBA and the International Bar Association.   Member of the National Executive Committee (NEC) of the NBA. Mr Usoro has been a NEC member under the Presidency of: o Chief Bayo Ojo SAN; o J.B. Daudu SAN; o Okey Wali SAN; o Augustine Alegeh SAN;  Member of the NBA Legal Profession Regulation Review Committee.   Paul was the pioneer Chairman of the Communications Committee of the NBA Section of Business Law (SBL).   He attends most NBA Annual General Meetings and National Executive Committee (NEC) Meetings.   In 2017, Paul attended the NBA Legal mission to the UK Bar Standard Commission and Solicitors Regulatory Authority to understudy their system.  Paul fully sponsored the Elders Night of NBA Lagos Branch 2017 Law week and routinely sponsors Lagos Bar events.   Pauls Firm was the sole sponsor of one of the most attended Break-out sessions at the 2017 NBA Conference: Emerging Trends in Global Legal Practice. PUC paid for travel costs of the four (4) foreign speakers who made presentations at the session.   Paul hosted delegates to NBA NEC Meeting held in Uyo, Akwa Ibom State in November, 2017.  Pauls participation in the Planning Committee for the NBA NEC Meeting in Uyo was pivotal to the resounding success of the November 2017 NEC Meeting.   Paul hosted NBA NEC members and senior lawyers in Uyo, Akwa-Ibom State in November 2014 and responds positively whenever requested to sponsor and/or participate in Akwa Ibom and Cross River States Bar activities.  Supported by Paul, PUC is actively involved in the sponsorship of SBL activities.  The Firm produced the Chairman of the SBL between 2010 and 2011, with the total support of Paul Usoro, SAN.   Paul hosted Cross River and Akwa Ibom delegates to the NBA Annual General Meeting held in Lagos in 2009.  PUC regularly pays annual practicing fees and branch dues for its over thirty-five lawyers.   Paul has presented several papers at NBA programs, using the platform to share knowledge with old and young lawyers. 

There is no gain saying that the author of the content I am responding to is only bitter because she felt having supported the president of the bar during the elections, she is entitled to some privileges, which is wrong and not sportsmanly. I hereby advise Carol to stop trading lies, desist from further acts of unethical and unprofessional attitude, as same is unbecoming of a legal practitioner. Bearing in mind that she has already breached the RPC, LPA and liable to face disciplinary actions of the noble profession. (it is also on record that the regime of Okey Wali set up a disciplinary commitee to look into the activities and or breach of Carol, she knew what she faced and how she went about begging). This paragraph clearly shows to the world that you (Carol) never read the published profile of the candidate you claim to have supported. You are just out engaging in deliberate falsehood.

Paragraph 6 unfortunately isn’t the true picture. The Judges have their code of conduct. The NJC didn’t take such action only on the basis that a help was rendered to a childhood friend in need. A friend who hasn’t sat on any of the alleged presidents case at all. The records are there. Just bitter politics and the said author is someone who has never won elections in the bar because of this same irrational attitude, all the 5 times she contested. I also put it to her to present her practice fees for the past 3 years and branch dues. She has no locus and she is also in breach of the rules of professional conduct.  She should be totally disregarded just as serious minded lawyers have done knowing this style of hers as a reputation taken into account. No one pays heed to her rants which has been meted out to several past presidents

Long live the NBA.

Olajide Abiodun Esq.

NBA PRESIDENT’S NEW YEAR MESSAGE: WELCOME TO YEAR 2019 AND HAPPY NEW YEAR

1. It gives me great pleasure to welcome all of you, my dear colleagues, to Year 2019 and to wish you a most successful and prosperous Year ahead. It is my prayer and hope that 2019 will be kinder to us than 2018. We, nonetheless, have cause to thank the Almighty for the successes that we recorded, individually and as a body, in 2018 and for keeping us alive and walking us through the perils and tribulations of 2018 into the New Year.
Ea1A number of our colleagues were not that fortunate or blessed; death snatched some of us away. The grim reaper did not differentiate based on age or sex; some of our fallen colleagues had indeed lived full and long lives but most were at the threshold of life’s journeys. We remember fondly and celebrate those our departed colleagues even as we pray for their eternal rest.

2. We must make 2019 our Year of Renewal, our Year of Hope and our Year of Revival, both as an Association of Lawyers and as a country. It lies within our powers to refresh and renew, in words and deeds, our bonds as “learned friends” and colleagues and in the process, set the tone and an example for the rebuilding of our bonds of friendship and brotherhood across the Nigerian nation. We must, as lawyers, continue to be the leading light for our nation and be exemplary in our conduct and utterances. Sometimes, our utterances and conducts do not speak well of us as “learned friends” and cultured persons. In renewing our bonds of friendship, we must determine to set the example for our countrymen in being, cultured, as individuals, united as an Association, showing love and care for each other, placing the interest of the whole above self, and showing courtesy and temperance in our words and deeds.

3. As part of our renewal efforts and to give hope to our members in the New Year, we have started the process of resuscitating the moribund NBA insurance scheme. This is in fulfilment of our electoral promise to put you first at all times and to focus, amongst others, on your welfare. The insurance scheme, in our understanding, was designed primarily to serve as a safety-net for members in circumstances of death and/or disability. In revamping the scheme, we are taking a holistic look thereat and would in particular review the required props for its sustainability, the scope of coverage and the basket of benefits that members should and would derive from the scheme. We would be consultative in our approach in the redesigning of the scheme and would take on board your suggestions thereon.

4. Another immediate and urgent milestone that we will unveil to members within the next couple of days is an online payment system for the payments of all our national dues including but not limited to practice fees. It is deplorable that, in Year 2019, we still have to visit banking halls to fill pay-in-slips for the payment of, amongst others, our practice fees, in the face of pervasive online and internet banking platforms and systems. To remedy the situation, we have been in discussions with our bankers and other relevant stakeholders for the creation of an online payment platform that would make payment of dues stress-free and from your locations of choice. Our target is to go live with the online payment platform by 14 January 2019and we would, in succeeding days keep you updated with the progress and the mechanics thereof.

5. Tied to the payment system is our plan to entrench a consistent early turnaround time in the printing and delivery of stamps to our members – an issue that had bedeviled us in past years and was a hot electoral topic in the NBA 2018 Elections. In my Address to the NBA NEC on 06 December 2018 I had informed NEC members that “these days, stamps are delivered to our members within a fortnight of our receiving the orders at the National Secretariat from the branches” and that “this is still a work-in- progress” as “we do hope to shorten further the delivery time as we move into 2019”. One of our objectives in instituting an online payment system is to fulfil that promise. Beyond that, we would be engaging the Branches on how best to fast-track the submission of stamps orders to the National Secretariat, taking into account the need for lawyers to fulfil their Branch obligations as conditions

precedent to the submission of the orders. We are also working with our vendors to institute a seamless system that would ensure quality production and delivery of the stamps within a period not exceeding a fortnight from when the orders are received at the National Secretariat.

6. Year 2019 is a year of Hope and Renewal for us not only in the NBA but also in the Nigerian nation. Underscoring that national hope and renewal is our role as the pre-eminent Nigerian professional association and the voice of the voiceless. Our role as the Voice is even more pronounced and accentuated in this election year. This is the year that we would decide both at the national and States levels how we wish to be governed and into whose hands we will entrust our affairs and lives. I emphasize the entrusting of our lives because that is literally what we would be doing at the polls this year. The decisions of our rulers directly impact and determine the course of our lives. It determines the quality of our lives, not only from an economic standpoint but also from our health, longevity and developmental standpoints. Our decisions at the polls will determine the quality of life for our youths and children from an educational prism as well as from the perspectives of employment and self- development opportunities. The quality of rulers that we will vote into power this year will determine whether we move from a perennially consumptive economy into a productive and hopefully an industrialized economy; it would determine whether we would, in our lifetimes ever be assured of such basic necessities like pervasive energy supply and provision of potable water and primary health care for our citizens. The Elections of 2019 should and must therefore serve as a defining moment for our country.

7. In fulfilling these mandates, we have civic responsibility, as lawyers, to cast our votes and I am hoping that we all have our PVCs ready and available for that all-important assignment. Beyond that, as an Association of Lawyers, we have additional roles to play in assisting to ensure that the will of our people is not subverted and that the votes of our people count. These include participation in voter education, consultation with relevant stakeholders to ensure free, fair and violence-free elections, monitoring the electoral processes and, not least, blowing the whistle on perceived or identified plans to subvert the people’s will. Voters education is particularly critical. Nigerians need to be encouraged not to mortgage their future on the altar of immediate and ephemeral gratifications. We need to understand that our lives and the lives of our children and future generations are at stake in these elections and we must therefore vote our convictions. In the succeeding days, we would unfurl the concrete steps that the NBA would take, in a non-partisan manner, to contribute to the success ofthe2019 Elections.

8. In all of these, we must not lose sight of our core responsibility and obligation to promote, protect and uphold the rule of law in our land. In our country, the rule of law suffers degradation in multiple ways. The rule of law is trampled upon when there is no access to justice or when such access is denied, not well defined or is constrained, stifled or impaired howsoever. The rule of law is threatened when the practice of law, whether at the Bar or on the Bench, is brought under siege by agencies of State through their actions and/or inactions. The rule of law suffers subjugation when the rights of our people are trodden upon whether in terms of rights abuses or brazen disobedience of court orders and judgments. The rule of law is degraded when we, wittingly or unwittingly, fail to build strong institutions that can stand up to the arbitrariness and abuse of power. In 2019, we will continue to condemn and beam our searchlights on these undermining practices. Nigerian lawyers must stand as a united and independent Bar against these unwholesome and undemocratic practices; in carrying out this responsibility we must not be cowed or intimated howsoever.

9. In further renewal of our hopes in 2019, I restate my pledge to organize and present to you the best ever NBA Annual Conference–content-wise and in cost effectiveness. In succeeding days, we would announce the composition of the Technical Committee for the planning of the Conference and would work with the different segments of our Association to organize a Conference that we would all be proud of. The good news is, we had in 2018startedand have sustained the practice of transparency and prudence in the management of our NBA affairs, notably but not limited to the management of our finances. We would deepen and entrench those practices in 2019and would in particular reflect them in the planning and organization of our Annual Conference.

10. The few aspects of our plans for 2019 that I have touched upon in this Message constitute an infinitesimal jot of our overall plan and strategy. I mentioned them merely in an illustrative manner to give assurance that we remain alive to our responsibilities and promises to you. Amongst the programs that we are working on, but which time and space would not permit an elaboration is our commitment to better the lives of our young lawyers. We would also continue to support government in its efforts to better the lives of our citizens and stamp out corruption in all its facets. We carry out such collaboration through our specialized Sections, Fora and other organs and committees of our Association having as our goal the realization of a booming and prosperous Nigerian economy that attracts domestic and foreign investments for the betterment of our people.

11. In conclusion, I must thank all our members, from the depths of my heart, for the overwhelming and thunderous support that we, the National Officers, have consistently received from you, right from the beginning of our tenure on 31 August 2018. In my moments of trials and tribulations, you have stood stoutly with, by and for me, continually affirming your trust and confidence in me and in my integrity. Your trust and confidence in me are not misplaced and will not be betrayed howsoever. Be assured also that I have been ethical in all my business dealings and my integrity remains intact and without blemish. I assure further that I will continue to protect and hold on to, and by God’s Grace, fulfil the mandate that you freely gave to me as the President of our noble Association. I am confident that, we will, in 2020 and with your continuing support, leave the NBA in a much better form and shape than we met it in August 2018. Long live the Federal Republic of Nigeria. Long live the Nigerian Bar Association.

Paul Usoro, SAN President

In Lagos, there is a Law to provide for the prohibition of Street Trading and Illegal Markets in Lagos State and for other matters connected therewith.

The Law is called the Street Trading and Illegal Market Law of Lagos State, 1984. 

Section 1 of the Law provides that no person shall sell or hawk or expose for sale any goods, wares, articles or things or offer services whether or not from a stationary position in any place or street specified in the First Schedule to this Law or within the vicinity of any public building in the State.

Section 4 also prohibits the use of pedestrian bridges as illegal markets. 

Section 11 states no person shall sell or hawk or expose for sale any goods, wares, articles or things or offer services whether or not from a stationary position in any place or street specified in the First Schedule to this Law or within the vicinity of any public building in the State.

The law also provides for the penalty for breaching the law, it states that any person who contravenes the provisions of this Law shall be guilty of an offence and shall be liable on conviction—

(a) as a first offender to a fine of N5,000 or to six months imprisonment with hard labour;

(b) as a second offender to a fine of N10,000 and nine months imprisonment with hard labour; and

(c) as a third offender to a fine of N15,000 and one year imprisonment with hard labour.

Whenever you are in Lagos and you see street traders, note that they may be breaking the law. 

@Legalnaija