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Humility, A Noble Mark Of Senior Advocates Of Nigeria

by Legalnaija | Sep 25, 2018 | Uncategorized

I
once remember sitting in the Federal High Court, Abuja waiting for the court to
sit about 5 years ago. Naturally, I had arrived early and chosen to sit on the
2^nd row of benches set aside
for members of the bar. I intentionally stayed away from the 1^st row
since it was customarily reserved for members of the inner bar and I was not
sure if any Silks will be coming to court on that day.

As
the court began to fill up and others began to take seats around me, I noticed
a young lawyer sit right in the inner bar but paid him no attention. However,
several minutes later, a popular Senior Advocate also came into the court and
sat in the inner bar. Several more minutes passed and the younger lawyer who
was not a Silk did not do the needful and I could see the Senior Advocate begin
to pay attention to this young lawyer. Before long, the following conversation
ensued between them;

Learned Silk: – Barrister, how are you?

Young Lawyer: – Fine Sir

Learned Silk: – How many years at the
bar are you?

Younger Lawyer: – 10 years

At
this point, several other lawyers had begun to listen to the conversation, most
of us already knew the direction in which the conversation was going except for
the younger lawyer, who had not realized what was going on.

Learned Silk – You mean you are 10 years
at the Bar and you don’t know what to do?

Younger Lawyer – Now looking lost

Learned Silk – Are you really 10 years
at the Bar and you cannot do the needful.

Other
lawyers noticing the younger lawyer’s confusion and the rising tone of the
Learned Silk’s voice immediately called on the lawyer to leave his sit and come
join the rest of us at the back.

What
the younger lawyer failed to realize at that point is that the first row in
court is always reserved for the Senior Advocates and any other lawyer may only
sit there if there are no senior advocates in court or upon the express
invitation of the Learned Silk who occupies the first row or the Judge. Most times,
SANs would invite other lawyers to share the inner bar, especially when the
court was full and there were hardly any seats left for other lawyers. On the other hand, there are a number of
Senior Advocates who would not share the inner bar with other lawyers who have
not attained the status and priviledge.

The
speech by the NBA President, Paul Usoro SAN at the conferment of the rank on
senior advocate of Nigeria on newly appointed silks at the Supreme Court on 24^th
September, 2018, reminded me of my experience at the Federal High Court. The
Learned Silk and NBA President was addressing the new SANs on the need for
humility within the inner bar when he stated –

“You were obviously chosen from the
large number of applicants based on your outstanding qualities of, inter alia,
intellectual fecundity, hard work, diligence, unparalleled advocacy skills,
sense of purpose, consistency, integrity and not least, humility. I include
“humility” amongst the qualifying attributes because, sometimes, our
colleagues of the Inner Bar tend to forget that the rank of SAN is best worn
with and in humility. Humility, in general terms, exalts the
person. In specific terms, humility stands out and elevates a Senior
Advocate of Nigeria – to wit, humility to the Courts, humility towards your
colleagues of the Inner and Outer Bars, humility towards your clients and
indeed humility towards members of the public.

It is the humility in you that would
order and oil your words and speeches in a way that makes them soothing and
respectful; it is the humility in you that would permit you to share your
deserved front-row seats with members of the Outer Bar who are not entitled to
the front-row seats as of right when you are in court but who are unfortunately
consigned to stand in a crowded and sometimes, stuffy courtroom and wait while
you conduct your case because all the seats to which they are entitled are
already occupied. Humility! That is actually the hallmark of great men and
you must not forget that fact while adorning your SAN rank.”

I
also look forward to becoming a member of the inner bar someday in my legal
career and when I do, I would not forget the words of the NBA President where
he says “Humility! That is actually the hallmark of great men and you must not
forget that fact while adorning your SAN rank”.

Adedunmade
Onibokun

Principal
Partner

AdedunmadeOnibokun & Co.

Paul Usoro SAN Leads The Bar To Mark Beginning Of 2018/2019 Legal Year And Conferment Of SAN

by Legalnaija | Sep 24, 2018 | Uncategorized

ADDRESS BY PAUL USORO, SAN FCIArb, PRESIDENT, NIGERIAN BAR ASSOCIATION AT THE SPECIAL SESSION OF THE SUPREME COURT TO MARK THE BEGINNING OF THE NEW LEGAL YEAR/ CONFERMENT OF THE RANK OF SENIOR ADVOCATE OF NIGERIA ON 24 SEPTEMBER 2018

Protocols

1.It gives me great pleasure, on behalf of the Nigerian Bar Association, to welcome Your Lordships from a well-deserved long vacation and to felicitate with My Lords upon the commencement of the 2018/2019 Legal Year, marked by today’s ceremony. Knowing how full and packed Your Lordships’ dockets traditionally are, coupled with the weighty responsibilities that rest on Your Lordships’ shoulders to dispense justice to all manner of men without fear or favor, as the court of last resort in the land, Your Lordships deserve all the rest period that we can afford.

Indeed, Your Lordships deserve, not just the rest period but the deep and sincere appreciation of the Bar and all Nigerians for the diligence and punctiliousness with which Your Lordships attend to all matters brought before the Supreme Court and/or ancillary thereto. We would presently return to the issues of Your Lordships’ New Legal Year. For now, permit me, My Lords, to touch on the second aspect of today’s ceremony and event.

2.Traditionally, the Supreme Court’s New Legal Year ceremony is always a double-barreled event. Not only do we celebrate the New Legal Year, the event is always made more colorful and celebratory with and by the preferment of the ranks of Senior Advocates of Nigeria on newly elevated members of the Inner Bar. Today is no exception; 30 new members have been inducted into the ranks by My Lord, the Chief Justice of Nigeria, Honourable Mr. Justice Walter S N Onnoghen, GCON. On behalf of the Nigerian Bar Association, I congratulate these new leaders of the Bar who have been found worthy by their superiors and peers, represented by the Legal Practitioners’ Privileges Committee (“LPPC”), of wearing the coveted ranks of Senior Advocates of Nigeria.

3.You were obviously chosen from the large number of applicants based on your outstanding qualities of, inter alia, intellectual fecundity, hard work, diligence, unparalleled advocacy skills, sense of purpose, consistency, integrity and not least, humility. I include “humility” amongst the qualifying attributes because, sometimes, our colleagues of the Inner Bar tend to forget that the rank of SAN is best worn with and in humility. Humility, in general terms, exalts the person. In specific terms, humility stands out and elevates a Senior Advocate of Nigeria – to wit, humility to the Courts, humility towards your colleagues of the Inner and Outer Bars, humility towards your clients and indeed humility towards members of the public. It is the humility in you that would order and oil your words and speeches in a way that makes them soothing and respectful; it is the humility in you that would permit you to share your deserved front-row seats with members of the Outer Bar who are not entitled to the front-row seats as of right when you are in court but who are unfortunately consigned to stand in a crowded and sometimes, stuffy courtroom and wait while you conduct your case because all the seats to which they are entitled are already occupied. Humility! That is actually the hallmark of great men and you must not forget that fact while adorning your SAN rank.

4.In that regard, it bears emphasizing that the privilege of adorning the SAN rank, like any other privilege or rank, comes with enormous responsibilities – to wit, responsibilities to all the stakeholders that I had earlier enumerated and indeed responsibilities to the society at large. You are no more ordinary persons or citizens of Nigeria or lawyers; you are the leading lights of the profession, leaders of the Nigerian Bar and leaders of thought in society. You are now role models to millions of our youth and torch bearers for the Nigerian Bar Association. Your words must consequentially be measured and weighted. In these days of prevalent social media communication, your contributions thereat must represent your rank and status as elders and leaders, notwithstanding and irrespective of your biological ages. I must, at this point, commend the Body of Senior Advocates of Nigeria (“BOSAN”) for organizing the first ever Induction Program for the newly elevated Senior Advocates of Nigeria. For completeness, I must thank the Chief Justice of Nigeria, My Lord, the Honorable Mr. Justice Walter S N Onnoghen, GCON, for coming up with the idea of the program and challenging BOSAN to implement same. I was privileged to attend the program that was held in Lagos on 13 September 2018 and I found it very useful and instructive on the “dos” and “don’ts” that are attendant upon your elevation as SANs. It is my hope that the Induction Program, the rich contents of which I expect should still be fresh in your minds and memories, would be sustained by BOSAN in the coming years and indeed turned into a refresher program even for older SANs.

5.Just before leaving the newly inducted members of the Inner Bar, permit me, My Lords, to adumbrate slightly on one or two of the responsibilities that now rest on them. The first is their respective responsibilities to the Courts and the administration of justice. A few of our colleagues, sadly, see their elevation as license to be rude not only to their colleagues but also to Judges and the Courts; they also believe that it is a carte blanche for them to engage in court and litigation practices that are less than salutary. For those who engage in those practices, it bears pointing out that the privilege of wearing the rank is not unconditional; it is indeed conditional and is anchored on the continued good behavior of the SAN. As you are all aware, the rank could be suspended and/or withdrawn on account of bad behavior or professional misconduct. We have all seen this happen in recent times. For the avoidance of doubt, the right of the LPPC to suspend and/or withdraw the rank is incorporated into the Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria, 2018 as may be reviewed and revised by the LPPC from time to time. If you are one of those persons who may be tempted to indulge in bad behavior after your elevation today, I respectfully admonish you to go back and very carefully read and assimilate the recently published Guidelines and (a) note in particular the fact that it is the prerogative of the LPPC to withdraw and/or suspend the rank for bad behavior; and (b) also note the arduous, tedious and extremely difficult process for restoration of the rank upon its suspension and/or withdrawal; and (c) finally note that, even with the fulfilment of the grueling, taxing and draining conditionalities, the restoration of the rank, once withdrawn and/or suspended, is not guaranteed howsoever. The NBA does not wish any such misfortune on any of you or indeed on any other member of the Inner Bar and you must not wish it on yourself either.

6.The second responsibility that we must highlight is your responsibility to your colleagues of the Outer Bar and in particular the army of young lawyers whom you need to employ and train. The SAN rank elevates you to the position of role models and mentors and indeed trainers of the coming generation of lawyers. It must therefore not be heard of you that you do not pay your younger colleagues well or that you do not treat them fairly. As leaders, the younger members of the Bar and indeed all members of the Outer Bar look up to you for exemplary conduct; they look up to you for standards not only in comportment, advocacy and writing skills, spoken words, integrity, empathy, humility and other personal attributes but also in compensation packages to your junior colleagues and personnel. Do not forget, they need to be decently turned out to represent the profession well, they need to have a compensation package that takes them home, they need to feel your empathy through your compensation package to them. You fail in your role of training others and setting standards when you do not even have junior colleagues working with you in your Chambers and, worse, even where you do have such junior colleagues in your Practice, you do not compensate them well. Talking about mentorship, it is impossible for you to mentor younger colleagues whom you ill-treat by not remunerating and/or compensating them well. It is of course correct that you may not lose your SAN rank on the basis of poor compensation of your junior colleagues, but you lose respect and dignity thereby and a Senior Advocate of Nigeria without dignity and without the respect of his colleagues – to wit, seniors, peers and/or juniors – is not worthy or deserving of the rank. In sum, the NBA again congratulates all of you for the honor that is done to you today and for making the mark as Senior Advocates of Nigeria. We wish you all of life’s successes believing that you will wear the rank at all times with distinction and panache.

7.Permit me, My Lords, to return to the subject of Your Lordships’ 2018/2019 Legal Year – a Legal Year that coincides with our National Election Year. The precursor to those National Elections is, in some sense, the Osun State Governorship Election that was conducted on Saturday, 22 September 2018 – just last weekend. Not unexpected, matters relating to that election would sooner than later wound their way to Your Lordships’ court. Election related matters are always contentious and, in our climes, are considered and treated by politicians and the polity as matters of life and death. With that mindset and too often, these matters, even when there is no proof of any wrongdoing, are used by politicians to unfairly malign and besmirch judicial officers, including Your Lordships. The Bar has always deplored and continues to deprecate these ill-conceived political strategies and tactics. The temple of justice must not be sullied or degraded by and with unproven, often malicious and baseless allegations and innuendoes. The characters of Your Lordships must not be unjustly and unjustifiably tainted by and with such groundless and ill-motivated attacks. As we always point out, such unjustified denigration of Your Lordships amount to a degradation of the rule of law and the Bar will not and cannot stand idly by while such destruction occurs.

8.It behooves us indeed to point out to everyone that Your Lordships’ pronouncements in some of these contentious and extremely difficult political appeals have in no small way worked to maintain the peace and cement the unity and indivisibility of Nigeria, our great country. Riots, unrests and political chaos in different parts of our Federation have been averted consequent upon Your Lordships’ decisions and pronouncements in some of these matters. These are very weighty responsibilities and functions which Your Lordships continue to carry out and fulfill selflessly and without any self-adulation or self-exaltation. As a nation, Nigeria and its people owe much to Your Lordships and indeed the entire Nigerian judiciary. That said, it also behooves us to most humbly and respectfully point out that the Bar and indeed the Nigerian nation expect Your Lordships to maintain, in the coming National Election season, the standards of decorum, professionalism, discipline and integrity that have always been the hallmark of Your Lordships and also ensure that those standards percolate to and are fully and strictly replicated by Their Lordships of the lower courts. Any judicial officer that is found wanting in that regard, we respectfully posit, must be swiftly and decisively punished and routed out from the pack of judicial officers.

9.Election-related appeals will, of course, not be all that will fill Your Lordships’ dockets in this New Legal Year. There is still a huge backlog of appeals, mostly civil appeals, that are pending before Your Lordships. We note with deep appreciation, Your Lordships’ efforts, notably in the last Legal Year, to clear the deck of these backlog of matters. But then, the pile still remains. We know that there are still appeals pending before Your Lordships that were filed in 2003, 2004, 2005, 2006 – appeals that remain outstanding for more than 10 years. When this time-span is added to the timespan that it takes for the appeals to journey from courts of first instance to Your Lordships, then the delays in our judicial process becomes quite pronounced, frightening and discouraging not only to litigants but also to the Bar and other stakeholders in the justice administration sub-sector. These delays clearly impact on access to justice – a critical component or feature of the rule of law. The Bar will not pretend to have immediate or even complete remediation steps or answers to these issues, but we pledge our willingness to join hands with Your Lordships in working towards finding sustainable remediation measures that would resolve the challenge of speedy dispensation of justice by Your Lordships. This is an issue that, the NBA, with the greatest respect and in all humility, would be following up on with Your Lordships.

10.This Address will not be complete without our respectfully commending Your Lordships for the strides that have been attained in making the Supreme Court ICT-compliant. Your Lordships, under the focused leadership of My Lord, the Chief Justice of Nigeria, Honorable Mr. Justice Walter S N Onnoghen, GCON, have indeed set the pace in this regard. But, of course, we are not yet at or even close to the ICT mountain top; the journey has only just commenced, and perseverance and consistency must be Your Lordships’ watchwords. We also encourage all NBA members to subscribe to the Supreme Court Legal Mail system in order to facilitate and fast-track the Court’s communication system and e-filing procedures. The electronic recording system which, we understand, is already functional here at the Supreme Court needs to be replicated and made pervasive in all the lower courts, not least, at the courts of trial where evidence and proceedings are still hand-recorded by the Judges thereby occasioning great delays in justice dispensation and administration. The NBA would be privileged and happy to partner with Your Lordships and indeed the Nigerian Judiciary in achieving these defining and landmark milestones.

11.In conclusion, we once again wish Your Lordships the very best of and in the 2018/2019 Legal Year. The Bar will work assiduously with Your Lordships, in this New Legal Year and beyond, as always, to smoothen and ease Your Lordships’ workloads in ensuring that justice is dispensed to all manner of men without fear or favor. As ministers in the temple of justice, members of the Bar, as a collective, will continue to work with Your Lordships in edifying and protecting the temple of justice while promoting and defending the rule of law in all its ramifications. We wish Your Lordships good health, good humor, Divine Guidance and Divine Wisdom in the 2018/2019 Legal Year as well as in all the decisions that Your Lordship will or may reach. Finally, and once again, we congratulate our newly elevated Silks and wish them the very best that the profession can and will offer.

Paul Usoro, SAN FCIArb

President

Nigerian Bar Association

Why Nigeria Needs The Electronics Transactions Bill | Legalnaija

by Legalnaija | Sep 22, 2018 | Uncategorized

The Electronics Transactions Bill upon
assent by President Buhari, will be an Act to facilitate the use of information
in electronic form for conducting transactions in Nigeria. Furthermore, the
Bill seeks to provide a legal and regulatory framework for: (a) conducting transactions using electronic
or related media; (b) the protection of the rights of consumers and other
parties in electronic transactions and services; (c) the protection of personal data; and (d) facilitating electronic commerce in
Nigeria.

Though the National Assembly passed
the Bill in 2017, it is yet to be signed into law by Nigeria’s President Buhari
due to what has been described as drafting issues, despite calls by industry
experts such as the Chattered Institute Of Bankers (CIBN) and the Cyber Security Expert Association of Nigeria
(CSEAN).

The e-Commerce market in Nigeria is worth around
$13 billion; according to a report by London based Economist Intelligence Unit
(EIU). Experts in the Nigerian financial service sector have also estimated
that Nigeria’s e-commerce market value could rise to $50 billion
(N15.45trillion) over the next 10 years. Recently, the National Bureau of
Statistics (NBS) predicted that the e-commerce sector is expected to contribute
about 10 per cent, of a projected N10trillion, to the nation’s Gross Domestic Product
(GDP) by 2018[i].
However, as e-commerce opportunities expand in Nigeria, so does the risk to
unsuspecting users and customers. Hence the need for the immediate signing of
the Electronics Transactions Bill by President Buhari.

Some of the notable provisions of the Bill
include Section 2, which provides that the Act shall apply to the use of all information
in the form of electronic or other media. Subsection (2), also lists certain
exceptions that come under the purview and jurisdiction of the Act, which
include –

(a)
the creation or execution of a will;

(b)
the execution of negotiable instruments;

(c)
the creation, performance or enforcement of an indenture, declaration of trust
or power of attorney with the exception of constructive and resulting trusts;

(d) any contract for the sale or other
disposition of immovable property, or any interest in such property;

(e)
the conveyance of immovable property or the transfer of any interest in
immovable property;

(f)
documents of title for movable or immovable property; and

(g)
where such application would involve a construction of a rule of law that is
clearly inconsistent with the manifest intent of the lawmaking body or
repugnant to the context of the same rule of law: Provided that the mere requirement that
information be in writing, written or “printed” shall not by itself be
sufficient to establish such intent.

The Bill also provides that notwithstanding
anything in the Stamp Duty Act, in relation to this Act, documents whose media
are not paper, shall be liable to stamp duties as may be prescribed by the
appropriate regulatory body and it shall be lawful to transmit and send
documents as defined in the Act.

Other important provisions of the Bill includes clauses,
which provide for application and scope of electronic records, as well as the
validity, administration and certification of electronics signatures.
Particularly, Section 11 of the Act provides that –

“Where the signature of a person is required, that requirement is met
in relation to an electronic communication if:

(a) any method is used to
identify the person and to indicate the person’s approval of the information
communicated;

(b) having regard to all the relevant circumstances at the time the
method was used, the method was as reliable as was appropriate for the purposes
for which the information was communicated; and

(c) the person to whom the signature is required to be given consents
to that requirement being met by way of the use of the method mentioned in
paragraph (a)”.

A novel introduction of the Bill is
also its provision for the validity of electronic contracts as seen in Part IV
of the Bill. As well the provisions of Part VI which provide for consumer
protection.

According
to the Senate President, Dr. Abubakar Bukola Saraki, there is need to
validate e-commerce transactions as fraudulent activities online, commercial
disputes arising from sale and delivery; and other undesirable outcomes are on
the rise. In the 44-page report, the Senate President stressed
that an estimated 60 per cent of micro and small businesses advertise and sell
their wares online, either through their own sites or using social media.
“This has also opened up a floodgate of fraudulent activity online, commercial
disputes arising from sale and delivery; and other undesirable outcomes.

Also, he
said, large businesses have also taken advantage of the ease offered by
technology to conduct and transact their official businesses online. “Contracts
and agreements are being concluded without parties being physically present.
But conversely, extant laws provide inadequate protection for e-commerce
businesses and consumers,” he declared[ii].

From the
above, it is crucial that President Buhari signs the Electronics Transactions
Bill into Law as it will bring sanity and protection to Nigerians and investors
who carry on business through electronic transactions.

You may download a copy of the Bill here.

Legalnaija

Learn & Share

www.legalnaija.com

@Legalnaija

Photo Credit – Abbakin

[i] Abbakin.
(2018). The Nigeria Online Ecommerce Market Size and Trends. Available:
https://abbakin.com/nigeria-online-ecommerce-market-size/. Last accessed 22nd
September, 2018.

[ii] ITRealms. (2018 ). Why NASS
passed Electronic Transactions Bill – Saraki – ITREALMS.
Available: https://www.itrealms.com.ng/2018/08/why-nass-passed-electronic-transactions.html.
Last accessed 22nd September, 2018.

The NBA Osun State Election Monitoring Team Is Very Knowledgeable And Articulate | Paul Usoro SAN

by Legalnaija | Sep 22, 2018 | Uncategorized

Osun state is currently in the process of electing a new governor at the #OsunDecides2018 and It’s great to see the NBA playing an active role in election monitoring and governance.

The NBA President, Paul Usoro SAN has described the NBA representatives as very

knowledgeable and articulate. Certainly all members of the Bar and Bench are proud of them to.

The NBA President stated in his official statement that –

“I’ve just finished proudly watching our Osun State Governorship Election Monitoring Team Chairman, Tawo Tawo, SAN & member, Abibat on AIT right now. Very articulate, very knowledgeable & representing us so well.

I am following the Team’s activities real time & I’m fully satisfied with their work so far. Very proud of the entire Team. Without doubt, we have great men & women in the NBA.

I thank & commend the entire Team for their devotion & selfless service on our behalf. God bless the NBA. God bless us all.”

– Paul Usoro SAN

#PuttingYouFirst #paulusoroconnect #PaulUsoroSAN #nbapresident #nigerianbarassociation #blawg #legalnaija

The Mfon Usoro Lawyers Table Tennis Championship is back

by Legalnaija | Sep 21, 2018 | Uncategorized

The Mfon Usoro Table Tennis Championship For Lawyers is back 😃🏅 The 2018 finals of Lawyers Table open (Mfon Usoro)cup will hold on Saturday 27th of October at the National Stadium, Surulere, Lagos. Training will continue tomorrow at the facility of the Nigerian Table Tennis Federation, at the National stadium in Lagos and in all other parts of the country.

The hall will be opened specifically for lawyers from 8am every Saturday for training and shall continue to be opened every Saturday until the preliminaries begin in mid October. Lawyers are expected to come for the training with their Rackets(bats) and balls.

The following number should be contacted as when you arrive National Stadium for training-08034543700,07082280202.

The 2018 event will be the 10th anniversary of the event . Also Lawyers outside of Lagos are encouraged to register for the Tournament. They can train where they reside but are expected to arrive Lagos for the finals on 27 October 2018.

ICT Vital Tool For Good Governance & Administration Of Justice | Paul Usoro SAN

by Legalnaija | Sep 21, 2018 | Uncategorized

Paper delivered by NBA President, Paul Usoro SAN on Information and Communication Technology and Administration of Criminal Justice in Nigeria – Prospects, Development and Challenges, at the 2018 Federal High Court Annual Judges Conference today 20 September 2018.

Information and Communication Technology (“ICT”) has positively impacted all spheres of modern life, increasing efficiency and the delivery of high-quality services
Globally, ICT has become a vital tool for growing sustainable economies, good governance, and administration of justice.

The Nigerian justice system, among other challenges, is marred with avoidable delays in the dispensation of justice. ICT is replete with new opportunities to improve the Nigerian justice system, particularly in proffering solutions to the issue of delay associated with traditional methods of justice delivery
ICT in the administration of justice helps to improve efficiency. For example, through adopting an electronic case filing and management system; transcribing equipment to record court proceedings; the use of Digital Evidence Presentation System etc

It helps in the Efficiency of Key professionals: The ease of access to online databases (such as legislations, case laws, articles, law offices, lawyers etc.) allows for a more efficient and speedy legal research, as against poring through voluminous paper materials.

It helps in the Ease of Access to Justice and Transparency • ICT could be used as a tool to promote public access to relevant information, such as court procedures and judgments, case reviews and law reports, amendment to legislations etc. Adopting ICT in sensitizing the public of their rights and means to address any breach of same. For example publishing such via social media outlets, SMS alerts, blogs etc.

It helps in checking Malpractices • Obtaining court documents is sometimes aided by having to “see” Court Officials. An electronic system of obtaining such documents would eliminate or at least considerably reduce these incidents of malpractices.
It helps to reduce corruption in legal systems, the 2007 Transparency International’s “Global Corruption Report” recommended, inter alia, transparency through publication of judicial activities, and providing reliable public access to law related information.

One way of making law related issues public is through the Web 2.0 (social-media based web interface).
Boosts Public Confidence in the Justice System • ICT comes in handy in speedy disposal of cases. Justice delayed is justice denied. Where justice is constantly denied, litigants tend to lose confidence in the justice system and adopt self-help methods. •

A widespread use of an ICT-based system will save time in resolving disputes, hereby instilling public confidence in the judicial system.

Easy and Faster Access to Information: Electronic storage of court documents ensures a 24-hour availability of information. Lawyers and litigants are also not hindered by distance in accessing them.

My immediate recommendation would be Implementing the NJIT Policy Document • Generally courts should endeavour to adopt the provisions of the NJIT Policy Document. • This will include the deployment of ICT infrastructure such as Electronic Case Management Software, Electronic Document Management System, Video Conferencing equipment, Voice recorders, Virtual Libraries etc. • The foregoing will encourage e-filing; easy storage, retrieval and access to court documents; clear backlog of cases etc.

Update of Court Websites • Some courts do not have functioning websites. Even the courts with functioning websites display outdated information. Ideally, a court’s website should be the first point of call for information related to the court. Such information would aid compilation of statistics, which could be used for research purposes, amongst others. Training of Judicial Officers and Lawyers •

Adopting a computerized court system will rise to its full potential where the stakeholders possess the minimum skill required to operate them. It is in this vein that the training of judicial officers, lawyers and other relevant parties become pertinent.

Long Live the Nigerian Bar

See You At The #LIJC2018 Holding Tomorrow

by Legalnaija | Sep 20, 2018 | Uncategorized

The Lagos Innovating Justice Conference is just tomorrow, Friday, 21st September, 2018. Thank
you for registering to attend.

Major players in the justice and legal sector will be
gathering to share deep and valuable insights. Some of the confirmed
speakers are; Gov. Rotimi Akeredolu SAN
– Governor of Ondo state and former NBA President, Dr. Oby
Ezekwesili – Co-founder Transparency International and
Senior Economic Advisor to the Africa Economic Development Policy
Initiative, Olasupo Shasore SAN –
Former Attorney General of Lagos state, James Peters –
VP New market initiatives Legalzoom, Laure Beaufils – British
Deputy High Commissioner to Nigeria, Dr.Joe Odumakin – President
Women Arise for Change, Adeniji Kazeem – Attorney
General &am p; Commisioner for Justice Lagos state, Yetunde
Longe – Deputy Commisioner of Police Lagos State and many
more.

Also, some of the best innovators from the 2018 Innovating
Justice Challenge will pitch their justice innovation at the
conference.

Please note that the dress code for the event is Business
Formal Attire.

Registration/check-in will begin at 8:00 am and
the event will begin promptly at 9:30 am at Landmark
Event Centre, Oniru, Victoria Island, Lagos.

You don’t want to miss this historic event which will serve as
a cornerstone of the Lagos justice innovation community for years to come.

We look forward to seeing you on Friday!

High Court of FCT Gets New Judicial Division Commissioned By Paul Usoro SAN

by Legalnaija | Sep 19, 2018 | Uncategorized

The President of the Nigerian Bar Association (NBA), Mr. Paul Usoro, SAN, FCIArb, today, Wednesday, 19 September 2018, commissioned the Nyanya/Karu Judicial Division of the High Court of the Federal Capital Territory (FCT).

In his goodwill message to the Chief Judge of the FCT, Honourable Justice I. U. Bello, Mr. President congratulated His Lordship and members of the FCT Judiciary for the latest addition to the FCT Judiciary. He noted that the creation of the Nyanya/Karu Judicial Division has enhanced access to justice to litigants and has also deepened the Bar as far as Nyanya/Karu Judicial Division is concerned.

He appreciated the FCT Judiciary for achieving this milestone and congratulated the FCT Judiciary for having a very forward looking head – the Chief Judge. Mr. President pointed out that the body generally takes the direction of the head, if the head has a problem, then the rest of the body will have a problem.

In closing his Remarks, Mr. President assured His Lordship that the Bar will continue to support His him in the dispensation of justice. He also admonished members of the Bar not to degrade the dignity of the Bench because in the process, the rule of law is degraded.

Prior to the President’s goodwill message, the Chief Judge of FCT, Honourable Justice I. U. Bello, disclosed that the wisdom in requesting the NBA President to commission the Nyanya/Karu Judicial Division is to demonstrate to the world that the relationship between the Bar and the Bench in the Federal Capital Territory is in the superlative class.

List of Bills Passed By The Saraki Led Senate Since 2015

by Legalnaija | Sep 16, 2018 | Uncategorized

The 8th Assembly Under the leadership of Dr. Abubakar Bukola Saraki compared to other Assemblies has achieved great feats in regard to its legislative duties. The 8th Assembly has achieved so much more in 3 years than what the 6th and 7th Assemblies achieved in a similar period.

The Bills passed by the Senate include:

1. National Railway Corporation Act 1955 N129 LFN 2004
(Repeal & Re-enactment Bill 2015

2. Bankruptcy and Insolvency Act CAP B2 LFN 2011 (Repeal and
Re-enactm ent) 2015

3. National Institute for Cancer Research and Treatment (est)
Bill 2015

4. Forestry Research Institute of Nigeria (est., etc) Bill 2015

5. Electronic Transaction Bill 2015

6. Agriculture Credit Guarantee Scheme Act (Amendment) Bill
2015

7. Commercial Agriculture Credit Scheme (Est,etc) Bill, 2015

8. Discrimination Against Persons with Disabilities
(Prohibition) Bill 2015

9. National Poverty Eradication Commission (Est,etc)Bill
2015

10. North East Development Commission (NEDC) (Est,etc) Bill
2015

11. Erosion Control and Prevention Commission (Est, etc)
Bill, 2015

12. Counterfeit and Fake Drugs and Unwholesome Processed
Foods (Miscellaneous provision) Amendment Bill 2015

13. Federal University of Petroleum Resources Effuru (Est,
etc) Bill 2015

14. Food Security Bill 2015

15. Nigerian Agricultural Quarantine Service (Establishment,
etc) Bill 2015

16. Environmental Managers Registration Council of Nigeria
(Establishment, etc) Bill 2015

17.Nigeria Institute of Soil Science (Establishment, etc)
Bill 2015

18. Nigeria Football Federation (Establishment, etc) Bill
2015

19. National Sports Commission (Establishment, etc) Bill
2015

20. Federal Competition and Consumer Protection Bill 2015

21. Witness Protection Programme Bill 2015

22. Supplementary Appropriation Bill 2015

23. Defence Space Agency (Establishment, etc) Bill 2015

24. High Court of the Federal Capital Territory Abuja
(Amendment) Bill 2015

25. Air Force Institute of Technology (Establishment, etc)
Bill 2015
Credit Bureau Reporting Bill 2015

26. 2015 Appropriation Act (Amendment) Bill 2015

27. 2016
Appropriation Bill

28. Federal Roads Authority (Establishment, etc) Bill 2016

29. National Assembly Budget and Research Office
(Establishment, etc) Bill 2016

30. Mutual Assistance in Criminal Matters Bill 2016

31. Federal Capital Territory Statutory Appropriation Act
(Amendment) Bill 2016

32. Federal University of Petroleum Resources Effurun Bill
2016

33. National Lottery Act 2005 (Amendment) Bill 2016

34. Electoral Act №6 2010 (Amendment) Bill 2016

35. Public Procurement Act (Amendment) Bill 2016

36. Petroleum Industry Governance Bill 2016

37. National Inland Waterways Act Cap N47 LFN 2004 (Repeal
and Re-enactment) Bill 2016

38. Nigerian Ports and Harbours Authority Act (Amendment)
Bill 2016

39. JAMB Act (Amendment) Bill 2016

40. Nigerian Customs Service Bill 2016 and Nigerian Customs
Service Act (Repeal and Re-enacment) Bill 2016

41. Warehouse Receipts Bill 2016

42. Secured Transactions in Movable Assets Bill 2016

43. Sexual Harassment in Tertiary Educational Institution
Bill 2016

44. Federal University of Wukari (Establishment, etc) Bill
2016

45. Maritime University of Nigeria, Okerenkoko
(Establishment, etc) Bill 2016
2016 FCT Appropriation Bill

46. Appropriation Bill, 2017

47. Nigerian Peace Corps (Establishment, etc) Bill 2015 and
the National Unity and Peace Corps (Establishment, etc) Bill 2015

48. National Open University of Nigeria Act (Amendment) Bill
2017

49. Federal University of Maritime Studies, Oron Bill, 2017

50. National Institute for Legislative Studies Act
(Amendment) Bill 2017

51. National Research and Innovation (Est, etc.) Bill, 2017

52. Compulsory, Free Universal Basic Education Act 2004
(Amendment) Bill 2016 and Universal Basic Education Act 2003 (Amendment) Bill
2016

53. Nigeria Financial Intelligence Agency (Est, Etc.) Bill,
2017

54. Institute of Chartered Biochemist and Molecular
Biologist Bill, 2016

55. Whistle Blowers Protection Bill 2015

56. Abduction, wrongful restraints and wrongful confinement
for ransom bill 2017

57. Prohibition and Protection of persons from lynching, mob
action and Extra Judicial Executions Bill, 2017

58. Nigerian Tourism Development Corporation Act (Repeal and
Re-enactment) Bill 2017

59. Hydroelectric Power Producing Area Development
Commission (Amendment) Bill 2015

60. Chartered Institute of Entrepreneurs (est., etc.) Bill
2015

61. Chartered Institute of Capital Market Registrars Bill
2017

62. Presidential Inauguration Bill 2016

63. National Institute for Hospitality and Tourism
(Establishment, etc) Bill 2016

64. FCT Statutory Appropriation Bill 2017

65. Niger Delta Development Commission (NDDC) Act
(Amendment) Bill, 2017

66. Federal University of Agriculture Kaaba (Establishment,
etc) Bill 2016

67. Federal Colleges of Education Act (Amendment) Bill 2017

68. Niger Delta Development Commission (Amendment) Bill 2017

69. Nigeria Arabic Language Village, Ngala (Establishment,
etc.) Bill, 2017

70. Nigeria French Language Village, Badagry (est., etc.)
Bill, 2017

71. Demutualization Bill, 2017

72. The Revised Edition (Laws of the Federation of Nigeria)
Bill, 2018

73. 2017 FCT Appropriation Act (Amendment) Bill, 2018

74. Arbitration and Conciliation act cap A18 LFN 2004(Repeal
and re-enactment) Bill 2018

75. Emergency Powers (Repeal and re-enactment) Bill, 2018

76. Federal University Gashua (establishment, etc.) Bill,
2018 (SB459)

77. National Transport Commission (Est., etc.) Bill, 2018
(SB. 242)

78. Real Estate (Regulation and Development) Bill, 2018 (SB.
216)

79. River Basin Development Act CAP R9 LFN 2004 (Amendment)
Bill, 2018 (SB. 358)

80. National Centre for Disease Control Prevention
(Establishment, etc) Bill, 2018 (SB. 256)

CONCURRENCE BILLS PASSED BY THE
SENATE SINCE JUNE 9TH 2015

81. Environmental Health Officers (Registration, etc.) Act (Amendment) Bill,
2016

82. Federal University of Petroleum Resources, Effurun Bill,
2016

83. National Judicial Institute Act (Amendment) Bill 2016

84. Prevention of Crimes Act (Amendment) Bill 2016

85. Water Resources Act (Amendment) Bill 2016

86. Endangered Species (Control of International Trade and
Traffic) Act (Amendment) Bill 2016

87. Agricultural and Rural Management Training (Amendment)
Bill 2016

88. Telecommunications and Postal Offences Act (Amendment)
Bill, 2016

89. Treaty to Establish African Economic Community Relating
to the Pan-African Parliament (Accession and Jurisdiction) Act (Amendment) Bill
2016

90. Utilities Charges Commission Act (Amendment) Bill 2016

91. Chartered Institute of Stockbrokers Act (Amendment)
Bill, 2016

92. Petroleum Product Pricing Regulatory Agency Act
(Amendment) Bill, 2016

93. Petroleum Training Institute Act (Amendment) Bill, 2016

94. Quantity Surveyors (Registration, etc.) Act (Amendment)
Bill 2016

95. Bees (Import Control and Management) Act (Amendment)
Bill 2016

96. Advertising Practitioners (Registrations, etc.) Act
(Amendment) Bill 2016

97. World Meteorological Organization (Protection) Act
(Amendment) Bill, 2016

98. Currency Conversion (Freezing Orders) (Amendment) Bill
2016

99. Builders (Registration, etc.) Act (Amendment) Bill 2016

100. Town Planners (Registration, etc.) Act (Amendment) Bill
2016

101. University of Abuja Act (Amendment) Bill, 2016

102. Corrupt Practice and other Related Offences Act
(Amendment) Bill, 2016

103. Small and Medium Scale Enterprises Development Agency
(Amendment) Bill 2016

104. National Agricultural Land Development Authority Act
(Amendment) Bill 2016

105. Produce (Enforcement of Export Standards) (Amendment)
Bill 2016

106. National Crop Varieties and Livestock Breeds
(Registration etc.) Act (Amendment) Bill 2016

107. National Archives Act (Amendment) Bill, 2016

108. Value Added Tax Act (Amendment) Bill, 2016

109. Advance Fee Fraud and Other Fraud Related Offences Act
(Amendment) Bill, 2016

110. Chartered Institute of Human Capital Development of
Nigeria Bill 2016

111. Dangerous Drugs Act (Amendment) Bill, 2016

112. Chartered Institute of Loan and Risk Management of
Nigeria Bill 2016

113. Veterinary Surgeons Act (Amendment) Bill, 2016

114. Federal Capital Territory Civil Service Commission Bill
2016

115. Chartered Institute of Public Management Bill 2016

116. Nigerians in Diaspora Commission (Establishment) Bill
2016

117. Oaths Act (Amendment) Bill, 2016

118. Institute of Local Government and Public Administration
Bill 2016

119. Chartered Institute of Project Management of Nigeria
(Establishment) Bill 2016

120. Nigerian Council for Social Work (Establishment, etc.)
Bill 2016

121. Code of Conduct Bureau and Tribunal Act (Amendment)
Bill, 2016

122. Mortgage Institutions Act (Amendment) Bill, 2016

123. National Film and Video Censors Board Act (Amendment)
Bill, 2016

124. Official Secrets Act (Amendment) Bill, 2016

125. Federal Capital Territory Districts Courts Act
(Amendment) Bill, 2016

126. Pensions Rights of Judges Act (Amendment) Bill, 2016

127. Anti-Torture Bill, 2016

128. Federal Capital Territory Hospitals Management Board
(Establishment, etc.) Bill, 2016

129. National Child Protection and Enforcement 2016

130. Police Procurement Fund Bill, 2016

131. Federal Capital Territory Water Board Bill 2016

132. Senior Citizen Centre Bill, 2016

133. Animal Health and Husbandry Technologist (Registration,
etc.) Bill 2016

134. Compulsory Treatment and Care of Victims of Gunshots,
Bill 2016

135. Corporate Manslaughter Bill 2016

136. Railway Loan (International Bank) (Amendment) Bill,
2016

137. Legislative Houses (Powers and Privileges) Act
(Amendment) Bill, 2016

138. Chartered Institute of Export and Commodity Brokers of
Nigeria Bill, 2017

139. Avoidance of Double Taxation Between the Federal
Republic of Nigerian and the Kingdom of Spain Bill, 2017

140. Avoidance of Double Taxation Between the Federal
Republic of Nigerian and the Republic of South Korea Bill, 2017

141. National Postgraduate College of Medicine Laboratory
Science Bill, 2017

142. Avoidance of Double Taxation Between the Federal
Republic of Nigerian and the Kingdom of Sweden Bill, 2017

143. National intelligence Agency Pension Bill 2017

144. Nigeria Academy of Science (establishment etc.)

145. Chartered Institute of Treasury Management (Est, Etc.)
Bill 2017

146. Federal School of Medical Laboratory Technology Science
(Est, Etc.) Bill 2017
Franchise Bill

147. Federal College of Dental Technology and Therapy Bill,
2017 (HB1,018)

148. Federal Capital Territory Transport Authority
(Establishment) Bill HB. 91

149. Nigerian Automotive Industry Development Plan (Fiscal
Incentives Assurances and Guarantees) Bill, 2017 HB. 896

150. Chartered Institute of Customer Relationship Management
Bill, 2017 HB. 69

151. Dishonoured Cheques (Offences) Act (Amendment) Bill,
2017

152. Vigilante Group of Nigeria (Est., etc.) Bill, 2017
HB718

153. Subsidiary Legislation (Legislative Scrutiny) Bill,
2017 HB13

154. Courts and Tribunal Fines and Financial Penalties Bill,
2017 HB 642

155. Radiographers (Registration, etc.) Act (Amendment)
Bill, 2017 HB 676

156. Medical Residency Training Bill, 2017 (HB.982)

157. National Road Funds (Est, etc.) Bill, 2018

158. National Climate Change Bill (HB1020)

159. National Agricultural Seeds Council Bill, 2018 (HB.
472)

160. Chartered Institute of Logistics and Transport of
Nigeria Bill, 2018 (HB. 973)

161. National Security Agencies Protection of Officers
Identity Bill, 2018 (HB. 830)

162. Institute of Environmental Practitioners of Nigeria
(HB. 1022)

163. National Biotechnology Development Agency (Est., etc.)
Bill, (HB. 33)

164. Nigeria Aeronautical Search and Rescue Bill, 2018 (HB.
139)

165. Federal Audit Service Commission Bill (HB. 107)

166. Pharmacy Council of Nigeria (est., etc.) Bill, 2018 (HB
364 & 656)

167. Digital rights and freedom bill, 2018(HB490)

168. Energy Commission Act (Amendment) Bill, 2018(HB72 &
446)

CONSTITUTIONAL ALTERATION BILLS PASSED

169. Alteration of the Constitution to provide for time passage of laws
(assent)

170. Alteration of the Constitution to provide for funding
of the State Houses of Assembly directly from the Consolidated Revenue Fund.

171. Alteration of the Constitution to include former heads
of the NASS in the council of state.

172. Alteration of the Constitution to reduce the period
within which the President or Governor may authorise withdrawal from the CRF in
absence of an appropriation act from 6 to 3 months.

173. Alteration of the Constitution to provide for immunity
of legislature in respect of words spoken or written at plenary…

174. Alteration of the Constitution to abrogate the State
Joint Local Govt Accounts and empower each local govt council to maintain its
own special account.

175. Alteration of the Constitution to strengthen local govt
administration in Nigeria

176. Alteration of the Constitution to provide the INEC with
sufficient time to conduct bye-elections and grounds for de-registration of
political parties.

177. Alteration of the Constitution to delete the public
complaints commission Act from the constitution.

178. Alteration of the Constitution to delete the National
Securities Agencies Act from the constitution.

179. Alteration of the Constitution to delete the National
Youth Service Decree from the Constitution.

180. Alteration of the Constitution to delete state
independent electoral commission from the constitution.

181. Alteration of the Constitution to specify the period
within which the President or Governor shall present the Appropriation Bill
before NASS or SHA

182. Alteration of the Constitution to reduce the age for
the qualification for the offices of president, house of reps and state house
of assembly.

183. Alteration of the Constitution to reflect the
establishment of the ISA in the constitution.

184. Alteration of the Constitution to remove law making
powers from the Executive Arm of Govt.

185. Alteration of the Constitution to provide for the
procedure for passing a constitution alteration bill, where the president
withholds assent.

186. Alteration of the Constitution to reflect the
establishment and core functions of the Nigeria Security and Civil Defence
Corps.

187. Alteration of the Constitution to provide time for the
determination of pre-election matters.

188. Alteration of the Constitution to further strengthen
the judiciary for speedy dispensation of justice.

189. Alteration of the Constitution to establish the AGF and
separate the office from that of the minister for justice (likewise in the
states).

190. Alteration of the Constitution to establish the office
of the accountant general of the federal govt separate from the office of the
accountant general of the federation

191. Alteration of the Constitution to make the office of
the auditor general of the federation and states financially independent by
placing them on the CRF (states).

192. Alteration of the Constitution to disqualify a person
sworn-in as president or governor to complete the term of the elected person
from being elected to the same office for more than a single term.

193. Alteration of the Constitution to change the name of
the police from the Nigerian Police Force to the Nigerian Police.

194. Alteration of the Constitution to provide for
independent candidature in elections.

195. Alteration of the Constitution to provide for a change
in the names of some local govt councils.

196. Alteration of the Constitution to provide for the
appointment of a minister from the FCT to ensure FCT is represented in the FEC.

197. Alteration of the Constitution to require the President
and Governor to submit names of nominated ministers or commissioners within
thirty days of taking the oath of office for confirmation.

What You Need To Know About Saraki

by Legalnaija | Sep 16, 2018 | Uncategorized

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