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Report of The Nigerian Bar Association Election Working Group (Nba-Ewg) On The Osun State Governorship Election Held On The 22nd Day Of September, 2018.

Report of The Nigerian Bar Association Election Working Group (Nba-Ewg) On The Osun State Governorship Election Held On The 22nd Day Of September, 2018.

by | Oct 1, 2018 | Uncategorized

Introduction  The
Independent National Electoral Commission (hereinafter referred to as INEC)
conducted the Osun Governorship Election on the 22ndday of September,
2018. 

The Reference The Nigerian Bar Association Election Working
Group was mandated by the Nigerian Bar Association to observe the elections,
ascertain and be able to comment on the extent of the conformity of the
processes and procedures for the conduct of elections in Nigeria with regional
and international standards and best practices. For the Osun State Governorship
Election, its terms of reference encompassed the following:   1. To carry out a pre- and post-election
assessment of the state of preparedness for the conduct of the gubernatorial
elections in Osun State and make determination on whether all the political
parties, candidates and other stakeholders are afforded the rights and freedom
to campaign and canvass for votes in a free and fair atmosphere.

2. To observe relevant aspects of the election activities and
conduct of the Gubernatorial Elections and assess the state of preparedness of
the Independent National Electoral Commission, the security agencies and other
relevant stakeholders. 

3. To consider various factors that may affect the conduct
and credibility of the electoral process as a whole.

4. To determine whether conditions exist for a free
expression of the will of the people. 5. To propose to the Independent National
Electoral Commission such required actions on institutional, procedural and
other matters as would assist in advancing the electoral process. 

Deployment of Observers 
The Independent National Electoral Commission (INEC) accredited the NBA
Election Working Group (NBA-EWG) to observe the Osun State Governorship Election.
In consonance with the said accreditation, the NBA-EWG was deployed to Osun
State on Wednesday, 19th September, 2018. The NBA-EWG was joined by the
Chairmen of the five branches of the Nigerian Bar Association in Osun State
which include the Chairmen of Osogbo, Ikirun, Ilesa, Ile-Ife and Iwo branches
of the NBA.  The NBA Election Working
Group deployed its members to various Local Government Areas in the three
Senatorial Districts of Osun State comprising Ede North, Ede South, Irepodun,
Osogbo, Ayedaade, Irewole, Isokan, Egbedore, Iwo,Boluwaduro, Boripe, Ejigbo,
Ife Central, Ife East, Ife North, Ife South, Atakumosa West, Ifelodun, Ila,
Ilesha East, Ilesha West, Obokun, and Oriade Pre-Election formalities There was
a pre-election protocol on electoral education for Observers organized by the
INEC on Thursday 20thSeptember, 2018 at Aurora Event Centre, Osogbo-Ikirun
Road, Osun State. The Election Observers were briefed on the processes and
procedures guiding the conduct of the election.

Political Parties Forty-Eight (48) Political Parties
participated in the 22ndSeptember, 2018 Osun State Governorship Election. 

Arrival of INEC Officials The INEC officials arrived at their
various polling units between the hour of 6:45am and 7:05am with adequate voting
materials.  Provision of Materials 

INEC provided the requisite materials for the polling units.
In all the polling units observed, the Presiding Officers and Supervisors
confirmed that they received the election materials. Opening of Polls After
setting up of polling stations, the presiding officers read out the voting
guidelines to the voters. Most polling units opened between the hour of
7:00am/7:30am as observed by the NBA-EWG. 

In Ife Central Local government at Akrabata Polling Zones,
Ward 10, unit 1-12, the INEC officials arrived at 6:50am. There were four INEC
Officials in each polling unit. The Presiding Officers in each unit addressed
them by stating the guidelines of the election. Voting and accreditation
started at about 8:00am simultaneously.

Voters’ Turn Out. Voters’ turnout was impressive at most of
the polling units. However, in some polling units like Ilesa Ward 09, Unit 09,
the total voters expected was 588 but the total votes cast was 552, Also Ward 9
Unit 6B total number of voters expected was 573 but votes cast was a total of
187.  Also, at Ward 10, Unit 12A and B,
expected voters were 1,213 but the total votes cast was 369. In most of the
polling units observed, there were significant turnouts of senior citizens,
women and persons with disabilities. 
Some of the Presiding Officers allowed the Senior Citizens, nursing
mothers and persons with disabilities to cast their votes before other
voters.   Agents of Political
Parties  Some of the Political Parties
deployed their Party Agents to most of the polling units. However, there were
more party agents in the urban areas than in the rural areas. The Card
Readers  The Card Readers worked
significantly well. However, in few of the polling units observed by the
NBA-EWG, the Card Readers could not authenticate the finger print with the
voter’s card. In such situations, the voters were allowed to vote by ticking
the non-authentication box. But when the card reader did not recognize/verify
the voter’s card, such persons were not allowed to vote.  While in Ede North Local Government Area,
Unit 01, ward 01, two persons were not allowed to vote because the card reader
could not authenticate their cards; they were however disqualified from voting.

In Ode village, ward 2, Unit 9, the card reader had network
challenges in reading voters’ fingerprints but there was a technician on ground
to resolve the issue.  At Ede South Local
Government Area, Unit 10, Ward 4, the card reader became faulty at about
8:20am; a technician was called in and the malfunction was resolved at about
8:40am. The elderly also had challenges with the card readers in the area of
detection of their finger prints which caused some delays, but they were later
accredited using the register of voters to cross check their passport
photographs which enabled them to vote.

Security Issues 
NBA-EWG observed a marked improvement in the conduct and disposition of
the security agencies on election duty in Osun State. Most of them were
courteous and did not interfere with the electoral process. The different
security personnel provided adequate security for the polls. In most of the
polling units observed by NBA-EWG, the Security personnel comprising of
Nigerian Police, the Civil Defense Corps, Nigerian Prisons Service, NDLEA,
Nigerian Customs, Immigration, deployed to the polling units, reported on time.
Most of the polling units had adequate security. The Nigerian Military and
Mobile Police Force provided security at the entrance and exit to Osun State as
well as at the boundaries of Local Government Areas.

Conduct of Voters Despite the envisaged fear, anxiety and
uncertainty occasioned by pre-election build-up, the people of Osun State went
out in significant numbers to the polling units to cast their votes. Most of
the voters understood the electoral process and conducted themselves very well
and this accounted for the peaceful atmosphere that was witnessed during and
after the electoral activities. Influence of Money: We did not observe any
incident of vote buying, inducement or exchange of money.

SUGGESTIONS: 1. INEC should put in place an accountability
mechanism that rewards diligence and sanctions negligence. 

2. INEC should also post experienced, courageous and
knowledgeable supervisors to the wards and Local Governments to assist in
tackling logistics challenges in a way that does not undermine the electoral
process. 

3. INEC should provide more Card readers and technicians.

4. The Ballot boxes appear small and cannot accommodate most
of the ballot papers. There is need to provide bigger ballot boxes for subsequent
elections.

COMMENDATION: 1. NBA-EWG commends the people of Osun State
for their peaceful conduct during the election. To a large extent the process
was peaceful, orderly and successful.

2. NBA-EWG commends the Nigerian Police Force and the other security
agencies that provided security for the elections. 

3. The display of voters list at the polling station which
enabled individuals to cross check and identify their names and numbers on the
list before approaching the Electoral officers for accreditation and voting,
eased the process. This was commendable. 

4. The adoption of accreditation and voting simultaneously
has fast-tracked the process and consequently reduced the tension occasioned by
frustration and impatience which could have ignited violence. This also was
commendable.

CONCLUSION:

The conduct of this election is a great improvement from what
we have witnessed in the past. However, the election was declared inconclusive
by the Independent Electoral Commission (INEC) and a rerun is scheduled to hold
on the 27thof September, 2018.

Tawo E. Tawo SAN Chairman 
NBA-EWG

Report Of The Nba Ad-Hoc Election Working Group On The Rerun Gubernatorial Election In Osun State Held On Thursday, 27 September, 2018

Report Of The Nba Ad-Hoc Election Working Group On The Rerun Gubernatorial Election In Osun State Held On Thursday, 27 September, 2018

by | Oct 1, 2018 | Uncategorized

The
Independent National Electoral Commission (INEC) conducted the Osun
Governorship Election on the 22nd day of September, 2018. The election was
declared inconclusive by INEC and a supplementary election was held on the 27th
day of September, 2018in seven (7)polling units in four (4) Local Government
Areas of the State, namely, Osogbo, Orolu, Ife North and Ife South.   Members of the NBA Election Working Group,
who had observed the elections on 22nd September 2018 and had prepared a Report
thereon, were deployed to the affected Local Government Areas to observe the
supplementary elections. OBSERVATION REPORTS; A. OSOGBO; Members of the NBA EWG
arrived at Osogbo polling unit 17, ward 5, at about 7:00am. There was massive
armed security presence with movement around the polling unit restricted to
voters and observers. All the election materials were made available for the
election. The electoral protocols for voting were fulfilled by the electoral
officers at the unit.

Accreditation
and voting commenced at about 8:02am. The voting process went on smoothly till
about 11:30am when some hoodlums invaded the area in an attempt to disrupt the
process. The situation was brought under control by the security personnel
present. In spite of the seeming and subtle form of intimidation, voters were
undaunted as they did cast their votes. There was substantial compliance with
the election process and procedure at the polling units.

B.
OROLU:  The team deployed to observe the
rerun election at Orolu, Ward 8, polling units 1 and 4 and ward 9, polling unit
3, set out for the assignment at about 6:30am. The team’s enthusiasm was
dampened by their harassment and

subsequent
arrest by mobile policemen en-route Orolu. They were taken before Ali Janga,
Commissioner of Police, at a Police Post. CP Ali Janga is in charge of Kogi
State Police Command. Incidentally, the Secretary of the NBA ad-hoc EWG, Liman
Salihu Esq. the immediate past chairman of the NBA Lokoja Branch, Kogi State,
recognized the CP and showed his Identification Card to him but surprisingly
the CP ordered that the team be taken to the INEC Office.

At
the INEC office, it took one of our own, Festus Okoye Esq. who is currently the
INEC Commissioner representing South-East Geopolitical Zone, to secure their
release; he also facilitated the team’s movement to Orolu.

The
road to Orolu is barely motorable and appears to have been recently graded for
the purpose of the election. The location of the polling unit at Ifon Orolu
Kajola was in a farm house inside a thick bush and there was only one
unoccupied residence with a distance of about 80meters from the said polling
unit. The materials for the election arrived on time at the respective units
and voting proper commenced at the stipulated time of 8:00am.

There
was heavy security presence with about thirty (30) armed Police officials at
Orolu. At about 10:00am, while figuring out how to get to Idiya Polling Unit in
Orolu, four (4) Toyota Hiace buses packed with about fifty (50) fierce looking
men, drove in and the men alighted and walked towards the polling unit without
any PVC in their hands.  In spite of the
heavy security presence of the Nigerian Police, these men were not stopped nor
asked if they were going to vote neither were they asked for their PVCs. This
however aroused our suspicion.

A
member of the NBA Ad-hoc EWG who attempted a recording of the happenings (a few
seconds was recorded though) was almost attacked by about six (6) of these men.
Surprisingly the Police officials stood aloof and did nothing to stop the
invasion by this group of men. The reason given by the security men (Police
officials) for their inaction was that they could not act without formal
complaints from us.

Another
observation at Orolu was that most of the voters had identification bands on
their left arms and ring bands on their thumbs. Those with the said

identification
bands were allowed access into Orolu while those without the bands were not
allowed access and so could not vote. Although these voters without the bands
displayed their PVCs to the Police men on ground as evidence that they had been
registered to vote at that particular polling unit, the Police personnel
adamantly turned them back and as such they could not exercise their right to
vote. Voters that were allowed to vote without the bands were those who had
arrived earlier before the commencement of voting.

C.
IFE NORTH; Election in Ife North was conducted in a village called Oyere. It
was deep in a forest barely accessible by vehicle and was about two and half
hours from Ile-Ife. There was strong security presence (The Nigerian Police
Force) in and around the polling unit. Our representative observed that on his
way to the polling unit, officials of the Nigerian Police force barricaded the
road alongside some civilians. People were screened before they were allowed to
proceed further; some were beaten because they had their phones with them which
were seized. Some people were allowed to pass the checkpoint, but some others
were turned back.  Although our
representative introduced himself to the security personnel, they merely scoffed
at him.  Our representative, for safety
reasons, had to turn back as he was not given the opportunity to observe the
rerun election at the aforementioned polling unit.

D.
IFE SOUTH:

The
polling unit was at Olode, Adereti Village, Ward Code 16, Polling Unit 12, Area
Code 07, LGA 07. The polling unit was divided into two polling points (polling
unit 12A and 12B). The total number of accredited voters was Eight Hundred and
Twelve (812). Materials arrived at about 7:00am and there was proper display of
ballot papers. INEC provided the requisite materials for the polling unit and
the presiding officer/other Supervisors confirmed they received the full
complement of their materials.  The team
observed that the armed officials (Nigerian Police, Army, Civil Defense Corps,
FRSC, NDLEA) were about 10meters away from the polling booths. Voters turnout
was quite impressive in spite of the rain and there was a good sense of gender
balance.  Party agents present were the
ACD, APGA and APC. There was no representation from the PDP. However, one of
the party

agents
told us in confidence that he had to use another party’s name tag to conceal
his identity as a PDP agent. Voters’ education was duly conducted for voters
present. The voting commenced at about 8:00am. The last voter on the queue cast
his vote at about 12:05pm. The INEC officials waited till 2:00pm before
declaring voting exercise closed. Cancellation of unused ballot papers
commenced immediately while sorting of used ballot papers followed suit.
Thereafter, vote counting, and announcement of election result was done by the
presiding officer. This procedure was done in unit 12A and was repeated in unit
12B.

CONCLUSION
In conclusion the Rerun of the Osun state Gubernatorial Election fell far short
of a free and fair election compared to what transpired in the election of the
22ndday of September, 2018 in Osun State which was however declared
inconclusive. From the actions and inactions of the Nigerian Police Force they
appeared to have been compromised given the fact that the Police did not
question the activities of the about fifty (50) fierce-looking men who invaded
the area at Orolu. 

SUGGESTIONS;
1. Polling Stations sited in the bush or where less than 20 residential places
or houses which are not within a minimum of 50meters radius, should be relocated
in future elections.  Illustrative
example is the above-mentioned polling units at Orolu.

2.
There should be proper sensitization, training and orientation programs for all
security personnel deployed for election purpose. A special unit should be
established within the security agencies for election purpose and other civil
engagements.

Tawo
E. Tawo SAN 
Chairman  
NBA-EWG

OPINION: NYSC;Seven Sins of Davido and the Punishments under the Law- Richarmond O. Natha-Alade

OPINION: NYSC;Seven Sins of Davido and the Punishments under the Law- Richarmond O. Natha-Alade

by | Oct 1, 2018 | Uncategorized

In recent time, the calls and wakes of the need to serve Nigeria under the one year compulsory service mandated under the enabling Act had jostle with the recent realities of sacks, resignations and disqualifications (among others) of erring Nigerians who became graduates at and/or before Thirty but failed to participate in the National Youths Service Corps (NYSC) scheme at all spheres of our economy and national life.
The mandatory service is ensured by several codes and ethics that guides the program; which violations attracts penalties, ranging from extension of service year, deferment of service, termination of service year and prosecution amidst other disciplinary actions which could be taken by the  designated and/or empowered officials of the Scheme.
David Adedeji Adeleke, Davido as popularly called recently put in for the mandatory NYSC program sequel to his graduation from the University before the age of thirty. Consequently, he was mobilized to the Iyana Ipaja, Lagos Orientation Camp of the Scheme and ever since then, the story HAD BEEN OF the path of a shadow.
Davido is widely acknowledged and popular both home and abroad. And he is in no small measure classified under the privileged few as Very Important Person (VIP) made before time. His background and achievements all through the time had foisted on him some irreconcilable responsibilities that makes it very difficult for him to abide by the codes of conduct and rules of the NYSC.
That said, could we conclude that the George Orwell’s view about the society by his book ‘Animal farm’ is in play? Whence, he said by several allegorical syllogism: “All animals are equal but some are more equal than the other”. In other words, it seems we are all equal before the law but some are more equal than others. The question is; is Davido above all other Corps members currently participating in the program to the extent that he cannot be sanctioned, queried and/or at least cautioned if found wanting?
In recent time, mixed reactions had trailed Davido’s failure to fully observe the rules and code of conducts attached to the one year compulsory service. Davido, 26, was one of the 2,152 Batch ‘B’ Stream II corps members sworn-in at the NYSC orientation camp at Iyana Ipaja in August, 2018. Ever since, he put in for the program, keeping to her rules and regulations had been the case of an arrow shot at a rock; for it is easier for the camel to pass through the needle’s eye than for Davido to fully cope in respect of the Rules and regulations guiding the program.
Hence, since Davido joined the Scheme, the Following are the NYSC Rules of engagement broken by him in recent time:
1.     Davido brought into the Orientation camp a chauffeur Driven White exotic car and drove amidst fanfares among other corps members and obviously protected by security guides.
2.      Davido left the Orientation camp and never participated in the activities of NYSC at the camp.
3. Earlier this year, the Pop star jetted out of the country some days during the orientation camp to Boston in United States ahead of his ‘Locked Up’ Concert. Afterward, he performed at the opening day of Jay-Z’s Made in America Festival in Philadelphia, United States. We were not told if he returned to the camp thereafter.
4.   Davido Primary Place of Assignment is unknown.
5. We are not sure if  Davido ever reported promptly to his Primary place of Assignment or participates in activities of secondary place of assignment.
6. Davido had been engaged in his private practice as a musician.
7. Davido fully participated in politics of Osun State, psrticularly, the just concluded gubernatorial election.
It will interest you that all the above supposed offences by Davido carries both light and heavy penalties if some of the offences considered as reconcilable are not met with the attached condition precedents.
By my findings, the ‘IF’ crooner, pop superstar and Chioma ‘death sentenced’ lover may just have broken Section 3(I)(15) of the NYSC Bye-Laws (18/19), Section 3(III)(2, 3, 5 6, 7,12, 14)) of the NYSC Bye-Laws (18/19), Section 4(9) of the NYSC Bye-Laws (18/19) among others. The Bye laws are issued annually since 1993.
For ease of reference, I hereunder reproduce the contents of the above cited sections of the Bye Laws which Davido have and/or might have broken as follows:
Section 3(I)(15) of the Bye laws provides as follows:
During the Period of orientation, every member shall not bring vehicles or motorcycles into the orientation camp.
• Any member who brings vehicles or motorcycles to camp shall not be registered, and if already registered, shall be decamped
• ii) Such member shall only be allowed to return to service to join the next batch in the orientation camp.
Section 3(III)(2, 3, 5 6, 7,12, 14) of the NYSC Bye-Laws (1993) Provides as follows:
During the Period of Primary Assignment, every member shall:
• 2. Not be late to report at duty station
Any member who reports late at duty station shall be tried by the Corps Disciplinary Committee and if found guilty, be liable to extension of service on half pay double the period he is late to station. Any member who reports late at duty station shall be tried by the Corps Disciplinary Committee and if found guilty, be liable to extension of service on half pay double the period he is late to station
• 3. Not fail to report to duty punctually.
o    Any member who reports late for duty shall be queried by his employer and the report sent to the State Coordinator for disciplinary action
• 5. Not fail to carry out duties diligently
Any member who fails to carry out his duties diligently shall be queried by his employer and the report sent to the State Coordinator for disciplinary action.
• 6. leave his duty station or absent himself from any official activity without the written consent of the State Coordinator.
Any member who leaves his duty station or absents himself from any official activity without the permission of the State Coordinator shall be tried by the Corps Disciplinary Committee and, if found guilty, be liable to extension of service with half pay double the period of absence.
•    7.      Not travel outside the State without written permission of the State Coordinator
Any member who travels outside the State without the written permission of the State Coordinator shall be tried by the Corps Disciplinary Committee and, if found guilty, be liable to forfeiture of allowance for the number of days absent and extension of service with half pay double the period of absence
• 12. Not engage in private practice
Any member who engages in private practice shall be tried by the Corps Disciplinary Committee and, if found guilty, be liable on conviction to extension of service for a period not less than twenty one (21) days without pay
•       14. Not travel outside Nigeria without the written permission of the Director-General
Any member who travels outside Nigeria without the written permission of the Director-General shall be tried by the Corps Disciplinary Committee and, if found guilty, be liable to extension of service without pay double the period of absence
Section 4(9) of the NYSC Bye-Laws (1993) Provides as follows:
Every member shall Not take part in partisan politics.
• Any member who takes part in partisan politics is liable to extension of service for a period not less than three (3) months without pay.
From the above cited provisions of the NYSC bye-Laws, it is of common knowledge that Davido has breached almost all parts of the enabling laws and Rules that guides the Scheme, Hence:
1. Davido brought in Vehicle into the NYSC orientation camp
2.  Davido left the NYSC orientation camp.
3. Davido Travelled outside Nigeria
4. Davido engaged in his private business as a musician
5. Davido Participated in politics and fully campaigned for his uncle, Ademola Adeleke in Osun State gubernatorial Election.
6. All those period of campaigns and traveling, Davido must have been absent from his Primary Place of Assignment.
7.   No one seems to know where Davido is teaching or where his PPA is located
The big question is, if Davido is taking permission for all his engagements, how much permission can he take during his continuous participation in the schemes? By section 6(2) of the enabling law, Davido cannot get more than 14 days leave of absence during the entire program.
Davido went too far when he started to flamboyantly wear PDP dresses and campaign from town to town for his uncle, Ademola Adeleke, despite being a corps member in active service.
Despite all the breaches, ther is no record that Davido had been queried, sanctioned, brought before a court, suspended and or cautioned in any way by the authorities of the National Youths Service Corps.
Could it be that Davido is above the law or above all other corps members? The Lagos State NYSC coordinator and the Director General of the Program owes Nigerians some explanations.
Richarmond O. Natha-Alade is a legal Practitioner and Principal Partner at
Sun Natha-Alade & Partners (SNATHAP)
lordricharmond@gmail.com
www.snathap.com
The National Youth Service Corps and Data Protection | Nonso Anyasi*

The National Youth Service Corps and Data Protection | Nonso Anyasi*

by | Sep 29, 2018 | Uncategorized

Good Morning Stephanie, is me okafor Stanley your 2017b copa mate in Oyo
state. Am working with Shell Oil Company in Rivers State branch, call me now 4
details b/cos internal recruitment  is
going on now.”

A colleague of mine who is a
serving as a youth corps member shared the message above to me and narrated how
the sender of the text message was able to provide sensitive information like
her NYSC State Code, platoon, present local government and her place of primary
assignment when she contacted him.  It
became clear to her that some very skilled person talented in the art of cyber
crime had somehow gotten access to her personal details at the NYSC database.

Other friends and colleagues have
reported similar incidences wherein some unscrupulous elements represent
themselves to have been their platoon mates and promise offers of a
mouth-watering offer upon exchange of monetary consideration. Indeed, with the
recent increase in legal education and awareness, only a few Nigerians are
likely to fall for this gimmick.

However, this does not negate the
very alarming issue that the fraudsters were able to get access to very
sensitive information (such as the full names, phone numbers, NYSC State Code,
local government and Place of Primary Assignment) of innocent corps members.
When such happens to only one person, it can be assumed that the fraudster
accidentally came across the singular file of the victim, and decided to
capitalize on this. But, where this happens on a mass scale (as it has
reportedly happened in Lagos, Oyo, and Edo states) it cannot but be assumed
that the fraudster has access to the NYSC database.

Indeed, the National Directorate
and the State Governing Board of the NYSC established by Sections 3 and 6 of
the NYSC Act are responsible for everything that has to do with the collation
and maintenance of data of both corps members and prospective corps members who
have evinced an intention to join the scheme. 
It is regrettable that both the NYSC Act and the NYSC Bye-Law are silent
on the protection of the database of corps members they maintain. 

It is even more painful that
there is no direct legislation on the protection of data/information of
Nigerians held by government/public agencies in the country. Section 37 of the
Constitution of the Federal Republic of Nigeria 1999 (as Amended) has tried its
best to secure the privacy, homes, telephone conversations and telegraphic
communications of Nigerian citizens. However, that constitutional provision is
not penal; neither does it protect the personal data and information of
Nigerian citizens.

Some sensitive sectors of the
economy have attempted to protect the personal data of Nigerians as it relates
to that sector. For example, the Nigerian Communication Commission (NCC) has
the Consumer Code of Practice Regulations 2007 and the Registration of
Telephone Subscribers Regulation 2007 which regulates data obtained by
telecommunications operators in Nigeria and imposes administrative fines
ranging from N200,000 (Two Hundred Thousand Naira) to N1,000,000 (One Million
Naira) in the event of an unauthorized disclosure of information.  These regulations are however industry
specific and relate to only the communications sector.

The National Information
Technology Development Agency came close to prescribing a detailed framework on
protection of personal data of Nigerians with its draft Guidelines which
prescribe the minimum data protection requirements for the collection, storage,
processing, management, operation, and technical controls for information. The
Guidelines attempt to regulate all organizations or persons that control,
collect, store and process personal data of Nigeria residents within and
outside Nigeria for protecting of a specific category of data commonly known as
Personal Data or Object Identifiable Information (OII).The Guidelines are to
apply to only to federal, state, and local government agencies and institutions
as well as private-sector organizations that own, use, or deploy information
systems of the Federal Republic of Nigeria.[i] The
Directorate and the State Governing Board of the NYSC therefore falls under the
purview of the Guidelines, but it remains very sad that the Guidelines which have
remained a draft since 2013 are still currently undergoing review.

It is proposed that penal
provisions be incorporated into the Guidelines which should in turn be proposed
as a Bill for the National assembly to legislate on. In other advanced climes,
unauthorized access to personal data is taken very seriously and treated as an
offence. It is time Nigeria gravitates away from mere constitutional theorems
to adopt a more pragmatic approach for the protection of sensitive personal
data of Nigerians. This will no doubt have a corresponding decrement in the
rate of cyber crime which is often times facilitated by access to such personal
data.


*
Nonso Anyasi is an Associate at Charles Mekwunye
& Co. He has keen interests in intellectual property and ICT law and
practice. He is also the Vice-President of the Legal
Watchmen.
[i] Data and
Privacy Laws in Nigeria by David Oluranti accessed via http://nigerianlawtoday.com/data-privacy-laws-nigeria/
on 17/09/2018.

IP ABC: Comedy—Are jokes not eligible for copyright protection? | Infusion Lawyers

IP ABC: Comedy—Are jokes not eligible for copyright protection? | Infusion Lawyers

by | Sep 28, 2018 | Uncategorized

Question

My name is Akekuna aka MC AK-NA. I recently performed at
‘Reverberations of Laughter’, a comedy show in Warri. After what was a
rib-cracking experience by the audience, Comedy360, one of Warri’s biggest
comedy studios, offered me a production contract. After over 4 months of studio
work, we finally produced an audio version titled ‘MC AK-NA Laughlaff Season
1’. Few months after releasing season 1, it became a blockbuster. But one
opportunist who calls himself Laff MC has come up with ‘Laugh of Laughlaff’ in
audio CD. It contains most of my jokes. I didn’t find this funny. As soon as I
got Laff MC’s contacts, I told him he has infringed on my copyright. But he
denied it, claiming that there was nothing like copyright over jokes. Are jokes
not eligible for copyright protection?

Answer

The answer is NO, jokes are eligible for copyright protection
as long as they meet the conditions for copyright protection under the
copyright law. Laff MC’s publication and sale of ‘Laugh of Laughlaff’
containing the same jokes as yours amount to separate acts of copyright
infringement, if ‘MC AK-NA Laughlaff Season 1’ meets the requirement of
copyright protection.

To enjoy copyright protection, a work must be eligible for it. Also, sufficient
effort must have been expended on making the work to give it an original
character and it must have been fixed in any definite medium of
expression. This is in accordance with section 1(1) and (2) of the Nigerian
Copyright Act.

Works of comedy are jokes and sketches usually in form of amusing stories,
thus amounting to literary works eligible for copyright protection.

Because works of comedy are often treated—albeit erroneously—as works in the
public domain right from the moment they are created, a definition of comedy is
vital. According to the Oxford Dictionary, comedy, in this context, is
“professional entertainment consisting of jokes and sketches, intended
to make an audience laugh.” These jokes and sketches are usually in form
of amusing stories. It is a special type of performance which requires the
comedian to entertain his or her audience by telling jokes that evoke laughter.
These jokes could be in form of amusing stories in relation to current events
or situations considered to be amusing. Comedy is an art that entails “acting, speech
dynamics, artful timing and public speaking”.

A comedy is a literary work. As defined in section 39 of the Nigerian Copyright
Act, a ‘literary work’ includes “novels, stories, and poetic works”
or “works similar thereto”. Since comedies typically contain stories
or similar works, they are literary works. And irrespective of literary
quality, they are protected by copyright.

Does MC AK-NA’s work meet the requirement of sufficient effort?

For a work of comedy to enjoy copyright protection, section 1(2)(a) of the
Nigerian Copyright Act requires that “sufficient effort has been expended
on making the work to give it an original character”. ‘Sufficient effort’
here is in relation to the labour, resources, and skill the author deployed in
the making of a work.

Apart from MC AK-NA’s artistic labour and skill, he has also worked with
Comedy360, to produce, market, and distribute the audio CD of the work, after
“over 4 months of studio work.” These are of considerable economic value
and should meet the requirement of sufficient effort.

But does the sufficient effort expended give the work original character?

Sufficient effort is not an end in itself but a means to an end—originality.

Therefore, to determine if ‘MC AK-NA Laughlaff Season 1’ enjoys copyright
protection, each joke that is published in the CD must be assessed to determine
whether MC AK-NA has expended sufficient effort on making the work to give each
joke in the CD an original character.

If the jokes or substantial part of any of the jokes in the CD are original, it
enjoys copyright protection, subject to the fulfillment of other conditions for
protection.

But if otherwise, it does not enjoy copyright protection, and consequently,
Laff MC or any other ‘opportunist’ can tell the same jokes, as many comedians
often do. This is often the case with most jokes out there.

How about the requirement of ‘fixation’, a copyright term which means
reduction of an idea into a fixed medium of expression?

Regarding fixation, this requirement is met as long as the allegedly infringed
jokes had been “fixed in any definite medium of expression now known or
later to be developed, from which it can be perceived, reproduced or otherwise
communicated either directly or with the aid of any machine or device.”
This essentially means that in order for a work to enjoy copyright protection,
it must be in a permanent form that is likely to be “reproduced or communicated
for a period of more than transitory duration” for example a book, DVD, audio
CD (like that of MC AK-NA), or other digital media. These media record the
jokes in some tangible form that moves a work from idea to expression for
copyright purposes.

Since ‘MC AK-NA Laughlaff Season 1’ has been published in audio CD, this meets
the definite-medium-of-expression requirement.

If the 3 requirements above are determined in favour of MC AK-NA, Laff MC is
liable for copyright infringement.

By virtue of section 15(1)(a) of the Nigerian Copyright Act, “[c]opyright is
infringed by any person who without the licence or authorisation of the owner
of the copyright (a) does, or cause [sic] any other person to do an act, the
doing of which is controlled by copyright.” Acts such as distribution,
exhibition, importation, performance, and production are controlled by
copyright.

To boost the chances of proving copyright infringement, comedians may consider
the Nigerian Copyright Commission’s (NCC) copyright-notification system. This
ensures that proving copyright ownership of original jokes is less difficult.

In Nigeria, the literary quality of a literary work is immaterial for the
purpose of copyright protection.

Literary quality of jokes and sketches that make up works of comedy does not
determine copyright protection in Nigeria. What matters is that the comedian
has given each joke original character which shows he or she must have expended
sufficient effort in creating them.

In some other jurisdictions, a minimal degree of creativity is required.

Apart from copyright infringement, consider trademark issues.

If you have registered ‘MC AK-NA Laughlaff’ or ‘Laughlaff’ as your trademark,
you may consider suing for trademark infringement.

If not, you will have to rely on a passing off action. Since ‘MC AK-NA
Laughlaff Season 1’ has become so popular and Laff MC’s ‘Laugh of Laughlaff’ is
obviously trying to take advantage of the confusing similarity between both
titles, this is a strong case for passing off.

For professional advice and assistance, contact an IP lawyer or law firm.
 

Best wishes
IP ABC

Follow-up questions, if any, are welcomed.

Skye Bank’s Corporate Governance Failures; Bridge Bank Solutions | Eseoghene Palmer Esq.

Skye Bank’s Corporate Governance Failures; Bridge Bank Solutions | Eseoghene Palmer Esq.

by | Sep 28, 2018 | Uncategorized

On the 21st of
September, 2018 it was announced that the banking license of Skye Bank Plc has
been revoked by the regulatory institution, the Central Bank of Nigeria (CBN).
This action spurns from the long term indebtedness of Skye Bank, its permanent
presence at the debt margin on the CBN index reports and the near prophetic
collapse of the finance house in absence of continuous hand-out’s from the CBN.

Revocation of licenses by
the CBN are in line with the CBN regulations and the Bank and Other Financial
Institutions Act 1991 (BOFIA), section 12 of the BOFIA states succinctly that:

“The Governor may, with the approval of
the Board of Directors and by

notice published in the Gazette, revoke
any license granted under this Act

if a bank-

a) ceases to carry on in Nigeria the
type of banking business for which

the license was issued for any
continuous period of 6 months or any

period aggregating 6 months during a
continuous period of 12

months;

(b) goes into liquidation or is wound-up
or otherwise dissolved;

(c) fails to fulfil or comply with any
condition subject to which the

license was granted;

(d) has insufficient assets to meet
its liabilities;

(e) fails to comply with any
obligation imposed upon it by or under this

Act or the Central Bank of Nigeria Act.”

According to the CBN the
decision to revoke the license of Skye Bank was after examinations and forensic
audit of the bank, in line with Section 33 BOFIA, which revealed the
shareholder’s failure to recapitalize the bank in light of its considerable
liabilities. Essentially, the focus of the action from CBN was to save
depositors funds and to ensure that the company continues to be a ‘going
concern’. Additionally, a compulsory winding up and liquidation of the company
shall inescapably lead to a massive loss in jobs and a downturn effect in the
labor market.

It is important to relay
section 33 of the act for clearer understanding:

“The Governor shall
have power to order a special examination or investigation of the books and affairs
of a bank where he is satisfied that:

a) it is in the public interest so to do; or

(b) the bank has been carrying
on its business in a manner detrimental to

the interest of its depositors and creditors; or

(c) the bank has “insufficient” assets to cover its
liabilities to the public;

or

(d) the bank has been contravening the provisions of this
Act; or

(e) an application is made therefore by:

i) a director or shareholder of the bank: or

(ii) a depositor or creditor of the bank:

Provided that in the case of paragraph (e) of this
subsection, the Governor may not order a special examination or investigation
of the books and affairs of a bank if he is satisfied that it is not necessary
to do so.”

Bridge banking is a solution
adopted by the CBN to tackle this Skye Bank-Saga. A bridge bank, simply put, is
a bank appointed by a regulatory institution to hold the assets and liabilities
of another bank (which is usually at a deregulated and insolvent state) for the
purpose of cushioning the effect of liquidation and dissolution of the failed
bank. A bridge bank is charged with the function of maintaining the operations
of the defunct bank until such bank is solvent or acquired by another company
licensed for banking or other financial activities. Essentially, the ultimate
job of a bridge bank is to provide seamless transition from an insolvent state
to continued banking operations to successful acquisition. It is a temporary
setup and one insured by a ‘deposit insurance’ organization or regulator in
order to avoid system risks.

Polaris Bank, being a newly
licensed bank, was appointed by the CBN to act as bridge bank with insurance
backing from the Nigerian Deposit Insurance Commission (NDIC). In this
temporary take-over, a fresh N786 billion soft and long term loan has been
injected to give Polaris fine underpinning, with a single digit interest rate. This
is in an attempt to cushion the effect of the take-over, especially as Polaris
in itself is not a buoyant financial institution to speak of. It must be
understood that the NDIC is an establishment, by virtue of the NDIC Act 2006,
which is responsible for insuring all deposit-taking financial institutions
operating in Nigeria and assisting monetary authorities in formulating and
implementing banking policy to guarantee sound banking practice and fair
competition among financial institutions in Nigeria.

The CBN’s frantic steps to
regulate the banking sector by lifting the weights off tired and mismanaged
hands of the now defunct Skye Bank is quite laudable. More so, its actions have
so far tallied with the stipulations of the Banking act. For example, section
36 BOFIA Act makes a provision for risk management through the NDIC, upon the
failure of a bank.

“…the Bank may turn
over the control and management of such bank to the Nigeria Deposit Insurance
Corporation (hereinafter in this Act referred to as “the Corporation:) on such
terms and conditions as the Bank may stipulate from time to time”

Conclusively, the rescue
mission embarked upon by the CBN in partnership with the NDIC is a worthy and
important move by the regulatory bank. For what it’s worth, it has forestalled
a huge anomaly in the Nigerian banking sector and history, and by invoking its
power to promote a sound financial system and standard practice. it has saved
many lives, investments and jobs.

Eseoghene
Palmer Esq is an associate with Adedunmade Onibokun & Co. He has cultivated
interest in Corporate Law, Banking and securities, Real Estate, Intellectual
Property, Sports, Entertainment law and Mediation.


Photo Credit – www.vanguard.com 

Humility, A Noble Mark Of Senior Advocates Of Nigeria

Humility, A Noble Mark Of Senior Advocates Of Nigeria

by | 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
2nd row of  benches set aside
for members of the bar. I intentionally stayed away from the 1st 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 24th
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

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

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

by | 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