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Photos – Public Hearing of the Petroleum Industry Bills

Photos – Public Hearing of the Petroleum Industry Bills

by | Jun 4, 2018 | Uncategorized

                              
OPENING REMARKS BY THE PRESIDENT OF THE SENATE OF THE FEDERAL REPUBLIC OF NIGERIA, HIS EXCELLENCY, (DR.) ABUBAKAR BUKOLA SARAKI, CON, AT THE 3-DAY PUBLIC HEARING ON THE PETROLEUM INDUSTRY BILLS, HELD AT THE NATIONAL ASSEMBLY COMPLEX, ABUJA – JUNE 4, 2018.

 PROTOCOL.
1.      It is my pleasure to welcome you all to this 3-Day Public Hearing organised by the Senate Committee on the Downstream Petroleum Sector for the consideration of the Petroleum Industry Bills.
2.      Specifically, this Public Hearing seeks further input on: the Petroleum Industry Administration Bill 2018; the Petroleum Industry Fiscal Bill 2018; and the Petroleum Host and Impacted Communities Bill 2018. Together, the Bills are part of a combo that was virtually comatose for over a decade as the Petroleum Industry Bill (PIB), before we took the radical approach of breaking the single Bill into workable parts, for greater ease of passage into law.
                                         
         
                                          

3.      As some of you may recall, the 8th Senate had promised to set in motion an agenda for the comprehensive reform of the Nigerian oil and gas industry, and to do so through an unbundled package of Bills. Our reform agenda is driven by the need to overhaul a system that has led to corruption being endemic in the petroleum industry.

4.      We are also motivated by the desire to usher in an internationalised framework that allows Nigeria to compete globally in terms of this industry. This would lead to the development of the local market; and the efficient use of this depleting resource, the ebb and flow of which have been so indelibly tied to the economy of the country. It is high time we stabilised the system, and to stabilise it for good.

5.      With all this in mind, we took two critical decisions when we commenced work in the 8th Senate in 2015:
i.                   The first was to split the Petroleum Industry Bill (PIB) into five (5) Bills, namely: the Petroleum Industry Governance Bill, the Petroleum Industry Administration Bill, the Petroleum Industry Fiscal Bill, the Petroleum Host and Impacted Communities Bill, and the Petroleum Revenue Management Bill.
ii.                 The second decision was to encourage private member sponsorship of the Bills.
6.      We recently passed the PIGB but at point of harmonization review, certain minor observations were made which we immediately directed our conference committee to act on. We are hopeful to have it back on the floor for adoption in a week. It is my expectation that, when work is concluded on the trio of Bills under consideration at this hearing, the Senate will start the process on the Petroleum Revenue Management Bill, which would reshape how we utilise the resources we earn from oil and gas.
                                         
                                         
7.      Distinguished ladies and gentlemen, permit me to outline the key provisions of the Bills under consideration at this Public Hearing. The objective of the Petroleum Industry Administration Bill is to transform the administration of the upstream, midstream and downstream sectors of the Nigerian petroleum industry:
i.                   Firstly, the Bill creates a framework that will free up acreages that are not being developed by current license and lease holders, thereby creating opportunities for new investors. This will bring substantial new investment to our oil and gas industry.
ii.                 Secondly, it ensures effective management of the environment by petroleum operators and administrators.
iii.              Thirdly, it provides a framework to unleash midstream activities which will open up the market for the supply of gas and other downstream products, for economic growth. Above all, I believe the most important feature of this Bill is that it provides much needed legal backing for the deregulation of our downstream petroleum sector. 
                                        
8.      Regrettably, our existing fiscal framework for the petroleum industry is outdated. The Petroleum Industry Fiscal Bill, therefore, aims to fix the anomalies, especially with regard to our royalty and tax regimes. For instance, billions of dollars have been lost through non-invocation of provisions in subsisting laws, at those times when crude oil price crosses certain thresholds. The Bill will fix this as well as remove difficulties and uncertainties surrounding our tax assessment and collection system. Additionally, it will remove distortions created by the Associated Gas Framework Agreement; and provide comprehensive fiscal terms for the development of our abundant natural gas resources. Perhaps the most critical objective of the Petroleum Industry Fiscal Bill is that it will enhance our international competitiveness and make Nigeria a choice destination for oil and gas investors.
                                        
 9.      Last but not least, is the Petroleum Host and Impacted Communities Bill, which provides for a legal framework for the development of the petroleum host and impacted communities. It is a pan-Nigeria Bill that will cater for communities that are hosts to upstream assets, as well as significant midstream and downstream assets and infrastructure.
                                          
10. The Petroleum Host and Impacted Communities Bill is unique because it overcomes the pitfalls of past efforts; and is structured to bring funding for the development of host communities, under the direct control of the communities themselves. We expect the Bill to make for greater harmony and partnership among the various stakeholders in the sector. I urge everyone to pay particular attention to presentations by representatives of host communities.
                                         
                                        
11. In closing, let me state that the outcome of this Public Hearing is very important to our economy and to the livelihood of all Nigerians as well as the interests of investors. We have the task of delivering these Bills which, together, will enhance the growth of our oil and gas industry, modernise our fiscal system and enhance competitiveness, while creating harmony for all stakeholders. 
                                    
                                     
12. It is our expectation that, with your active participation, we will have Bills that truly reflect the aspirations of Nigerians. We have an opportunity to show that the momentous passage of the PIGB was by no means a one-off. Let us power ahead with the radical transformation of our oil and gas sector.
13. On that note, I wish you successful deliberations, as I now formally declare open the Public Hearing on the Petroleum Industry Bills.
Thank you.
THE PRESIDENT OF THE SENATE
2018 NBA Elections: Comparison of NBA Presidential Candidates Backgrounds (Part 1)

2018 NBA Elections: Comparison of NBA Presidential Candidates Backgrounds (Part 1)

by | Jun 4, 2018 | Uncategorized

With
few weeks to the expiration of the tenure of office for the President of the
Nigerian Bar Association (NBA); Mr A.B. Mahmoud SAN, the time has come to vote
among others, the next President of the Nigerian Bar Association and in accordance
with the internal zoning arrangement of the Association, the position of the
NBA President has been zoned to the Eastern part of Nigeria comprising of
Rivers, Akwa Ibom, Cross River, Abia, Anambra, Enugu, Ebonyi and Imo States. 

This
report examines and compares the respective profiles of the 4 (four) candidates,
thereby allowing lawyers, the opportunity to independently vet & select the
most capable to lead the Bar. These 4 candidates include Mr.
Paul Usoro, SAN, FCIArb; Prof.
Ernest Ojukwu, SAN; Mr.
Arthur Obi Okafor, SAN FCIArb and
Mazi
Afam Osigwe, LLM, FCIArb. Also the information
contained in this report has been sourced from the profiles independently
released to the public domain by these candidates.

The
categories of our comparison include –





i.                  
Candidate
Background/Active Law Practice 





ii.               
Welfare Support for young
lawyers





iii.             
NBA Activities





iv.             
Advocacy Experience &
Skills





v.                
Corporate Governance &
Leadership





vi.             
Law Reforms


vii.          
Papers Presented &
Scholarly Works

It
is trite that the President of the Bar Association must not be selected merely
by whims but by careful examination of the Candidates. The next President of
the NBA must have the qualities of an exemplary leader and a rich background of
legal advocacy and competence; he also must be honest; have a passion for the
welfare of lawyers and quite knowledgeable in corporate governance. It is also
most important the next president of the Bar understands finance and how to
open Nigerian lawyers to more international and local opportunities. 




The
big question however remains “who is the right candidate to lead the Bar
Association? 

This first part shall be examining the Background and Active Law Practice of all four (4) Presidential Candidates, Please find same below –

BACKGROUND AND ACTIVE LAW PRACTICE


PAUL USORO, SAN

1.       Born on 07 September 1958.

2.       Bachelor of Laws, 1981 from the
University of Ife, Ile-Ife (now Obafemi Awolowo University) Osun State,
Nigeria.
3.       Called to the Nigerian Bar in 1982.
4.       Senior Partner and founder of Paul Usoro
& Co (PUC).
5.       PUC is a top commercial law firm founded
in 1985 in Kaduna. Now headquartered in Lagos with offices in Abuja and Uyo.
6.       Firm employs over 38 lawyers excluding
corpers.
7.       Notary Public from 23 June 2003.
8.       Heads the Advocacy and Dispute Resolution
Practice Group and the Communications Section of the Firm.
9.       Fellow of the Chartered Institute of
Arbitrators. 2001
10.     Elevated to the Inner Bar as a Senior
Advocate of Nigeria in 2003.
11.     Attends International Bar Association
Conferences
12.     Attends Nigerian Bar Association
Conferences
13.     Actively participated in the activities of
the Nigerian Economic Summit Group.
14.     Paul was Awardee of the Corporate
Governance Rating System (GCRS) “Rating Certificate” by the Board of the
Nigerian Stock Exchange and The Convention on Business Integrity. February
2018.
15.     He has acquired leadership, finance and
corporate governance skills from the executive trainings in world’s top
institutions attended over the years some of which are listed below:


•       Making Corporate Boards More Effective,
Harvard Business School, Boston, USA (November 2014),

•       Audit Committees in a new Era of
Governance Harvard Business School, Boston, USA, (July 2013),

•       Leadership Best Practices, Harvard
Business School, Boston, USA, 
•       Finance for Executives Program at the
Fontainebleau Campus of INSEAD, France (April 2017) and,
•       Finance and Accounting for the
Nonfinancial Executive, Columbia Business School in New York, USA (March 2018).



16.     36 years of active legal practice



PROF. ERNEST OJUKWU SAN

1.    
Born on September
23 1960.

2.    
He attended the Methodist
College, Uzuakoli and Government College, Umuahia.
3.    
Bachelor of Laws and Master of Laws Degrees
in 1983 and 1987 respectively from Obafemi Awolowo
University, Ile-Ife where he received the
4.    
Called to the Nigerian Bar in 1984.
5.    
Elevated to the Inner Bar as a Senior Advocate of Nigeria on 12 July 2014. 
6.    
In 1988, he established Eleuthera Chambers
with his friends.
7.    
Former Deputy Director General, the Nigerian Law School,
Augustine Nnamani Campus, Agbani Enugu.
8.    
Associate Professor and Dean Faculty of Law, Abia State University, Uturu from
1995-2001.
9.    
Partner at the Law Firm of Ojukwu, Faotu and Yusuf (OFY Lawyers).
10.
 1985 –
2016 (Law Lecturer in academic institutions)
11.  3 years of active law practice.


ARTHUR OBI-OKAFOR, SAN

1.  Born on the July 18 1965.

2.  First school leaving
certificate from all Saints Primary School, Onitsha, Anambra state, in 1976
3.  Secondary
school education at St. Joseph’s Secondary School, Awka-Etiti in Anambra State
where he obtained his West African School Certificate in 1981.
4.  1984,
Ordinary Certificate in Business Administration at School of Accountancy and
Business Studies, Uyo, Cross River State (an affiliate of Calabar Polytechnic
at that time); now Uyo City Polytechnic in Akwa Ibom State.
5.  Bachelor
of Laws degree in 1990, from the University of Calabar.
6.  Called
to the Bar in 1991.
7.  Established
the law firm of Arthur Obi Okafor & Associates in 1995.
8.  Elevated
to the Inner Bar in 2010.
9.  27 years of active law
practice.


MAZI AFAM OSIGWE

1.       Born on 25 of October 1972.
2.       Attended Dennis Memorial Grammar School,
Onitsha.
3.       Studied law at the University of Nigeria,
Enugu and graduated in 1997.
4.       Called to the Nigerian Bar in September
1999.
5.       In 2002 founded his firm, the Law Forte
(Legal Practitioners, Corporate Consultants and Notary Public).
6.       Notary Public in 2006.
7.       Master of Laws Degree (LL.M), from the
University of Jos in 2010
8.       Master of Laws (LLM) from the Centre for
International Legal Studies, Austria (in collaboration with the Lazarsky
University, Poland).
9.       Diploma in International Commercial
Arbitration.
10.     Fellow of the Chartered Institute of
Arbitrators (UK) in 2011.
11.     Fellow of the Nigerian Institute of
Chartered Arbitrators in 2017.
12.     Member, International Bar Association.
13.     Member, Nigerian Institute of Management.
14.     Associate Member, American Bar Association.

15.     Member, Institute of Chartered Mediators
& Conciliators.
16.     19 years of active law practice.

Over the next few days, we
would be sharing other comparisons between the profiles of the NBA Presidential Candidates. Kindly read, evaluate
all contestants and share.
YOU MAY ALSO DOWNLOAD THE FULL REPORT HERE

@LEGALNAIJA 
15 countries to show presence at 3rd ICC Africa confab holding 18th to 19th of June, 2018

15 countries to show presence at 3rd ICC Africa confab holding 18th to 19th of June, 2018

by | Jun 3, 2018 | Uncategorized

Fifteen
countries to show presence at 3rd ICC Africa confab…to hold 18th to 19th of June, 2018

 Not less
than 350 participants representing about 15 countries will be present at the
3rd International Chambers of Commerce (ICC) Africa Conference on International
Arbitration which is scheduled to hold on Monday June 18th and Tuesday 19th,
2018 at the Civic Centre, Ozumba Mbadiwe Street, Victoria Island, Lagos.

The
conference is an annual event at which the African arbitration community
updates itself on developments in the region and is also a great opportunity
for participants to network and develop excellent business and professional
relationships.

Aelex Partner, Funke Adekoya, SAN who is also the chairperson of
the conference said the conference, which is the most important gathering for
the African arbitration community will provide invaluable updates on
developments in the region, during a series of panel discussions with a faculty
of prominent speakers and thought leaders.

According
to her, ICC’s annual Africa conference, held in English and French, is the key
forum for understanding international commercial arbitration in Africa.

“This
conference provides an indispensable update on developments in the region and
is becoming the most important gathering for the African arbitration community.
Not only does it offer a line-up of top-class speakers, topical discussions and
relevant news, but also an excellent opportunity to network,” Adekoya said.

The event
will kick off on Monday 18 June 2018, with a session focusing on, ICC
Arbitration: Innovation on the Basis of the Tradition for Quality. This will
introduce the latest strive of the ICC International Court of Arbitration for
enhancing time and cost efficiency to a fast track arbitration for smaller
claims while ensuring fundamental quality features.

Another
session will focus on Clause and Effect: Seating your Arbitration in Africa.
This session will discuss how African jurisdictions have responded to the
requirements of an arbitration friendly environment and its impact upon
arbitration on the continent.

In
addition to these, there will be an engaging session on International
Arbitration Awards: First Bus Stop or Last Station. Panellists will discuss
this topic against the backdrop of domestic and international legislation, conventions
and proposed initiatives.

Another
engaging session focusing on Africa Rising – Stemming the Flight of Arbitral
Disputes, will stress on attendant issues resulting in the delocalisation and
flight of arbitral disputes from Africa. 

Panel
Discussions on this session will include identification and discussion of
attendant factors that weigh against seating arbitrations in African
Jurisdictions. Panellists will offer perspectives and bring their individual
jurisdictional experiences to bear on discussions and explore how the
challenges can be surmounted, if not eliminated, so that arbitration can take
its rightful role as a Catalyst for economic growth in Africa.

After the long day of impactful activities, the day will end with
a cocktail.

Tuesday 19 June 2018 will kick off with a session focusing on
Supporting the Arbitral Process. This session will consider and identify the
various bodies which support arbitration and the entire arbitral process.

Speakers
will discuss the significant role the State plays in arbitration by providing
enabling legislation that validates and legitimizes arbitration. The
Judiciary’s role during the arbitral process regarding issues such as challenge
of arbitrators, interim measures and enforcement of awards will also be
discussed. The role played by arbitral institutions will also be examined.

It is
expected that the outcome of the session will be an identification of whether
arbitration in Africa receives sufficient support and also proffer any
suggestions on how arbitral process can be better supported.

There
will also be panel discussions on the session Arbitrability in Africa: New
hopes or Lost Opportunities. Discussions on this session will focus on whether the
approaches to arbitrability taken by African jurisdictions give rise to new
hopes (increased use of African seats) or lost opportunities (reluctance to
arbitrate in African jurisdictions).

Participants
are in for an interesting session on ECOWAS Energy Protocol “Reality or Mirage”
as panel discussions on this session will focus on the effectiveness and/or
potential impact of the Protocol on energy related disputes in the West African
sub region.

In a bid
to understand the damages tool being developed by the ICCA-ASIL Damages Task
Force which allows everyone easy access to complex damages analysis, there will
be a session focusing on Damages tools – Globalizing the Analysis of Damages.

During
this interactive session, distinguished legal and economic experts will explain
the tool and demonstrate how it works by illustrating the lifecycle of a
damages case, before asking the audience for feedback.

Paul Usoro SAN Charges NBA To Regulate and Protect The Practice

Paul Usoro SAN Charges NBA To Regulate and Protect The Practice

by | May 31, 2018 | Uncategorized

Learned Silk, Paul Usoro held an interactive session with Members of the NBA Sagamu Branch on Tuesday. The well attended session dealt with issues around the welfare of young lawyers, protection/promotion of the rule of law and many more.
During the session, Paul Usoro SAN summarized the challenges around the welfare of the young lawyers into three factors; Greed, Economic and Lifestyle (lack of financial orientation).

“We talk about Continuing Legal Education without talking about law office management and financial education for lawyers to help our understanding of the law practice business. I see no reason why senior lawyers should be greedy. Having practiced what I preach since 1984, I believe I have the moral right to address my colleagues. I assure you that all I have spoken about, I have the capacity to do, because at some point in my career, I have had to practice them,” Usoro said.
He also explained the need for the NBA to regulate the practice of law by protecting the business of law for lawyers.
Usoro stated “There are many non- lawyers taking over our businesses. Companies in Nigeria have non-Lawyers in their legal departments. Nigerian lawyers are excluded from major transactions under the lame excuse that “we have no experience”. I have been there before and I proved a point with the auction of our GSM Spectrum. The same goes for the NCC Act. I believe we can all do well as I did if given the opportunity.”
Speaking on the issue of public interest and protection/promotion of the rule of law, Usoro explained that there are so many things the government characterize as unlawful activities which are in reality not unlawful. He used the BVN as a case study.
“I could talk about the BVN suit where the government says accounts without BVN contain proceeds of unlawful activities. That is not howsoever true”.
 The interactive session was quite enlightening with the participation of several key members from the association led by the branch Chairman, Prince Deborah Oduguwa, to proffer solutions for the benefit of the Nigerian Bar.
Gloria Ekaette Etekamba Umoren wrote!!!!

Gloria Ekaette Etekamba Umoren wrote!!!!

by | May 31, 2018 | Uncategorized

Paul Usoro SAN is a gentleman to the core!The epitome of how a member of the learned profession should be.Unlike some,he didn’t become a lawyer by accident! Unlike others, he is a unifier! Both the younger and older members of the profession are at ease with him.He has the charisma! Even though he has been supportive of the NBA from when he was called, today he is not taking advantage of it!

He has come out to lead when he is ready to make the sacrifice! His contribution to legal jurisprudence is legendary! Even teachers rely on his cases to impact knowledge! Others cite his cases as authorities! His practice cuts accross different segments of the profession! At the time little was known about Telecommunications he delved into the foray and became an authority! He thrives best in challenging environments.Today’s NBA needs a man with this pedigree! A man of the people! No wonder he says he will put the interest of lawyers first as our leader!I believe him! He has without doubt the richest profile! He has the capacity to lead! I stand with Paul Usoro SAN to restore dignity to the Bar!

Citizen Particpation Key In Developing Democratic Institutions And A Succesful Democracy | Senator Gbenga Ashafa

Citizen Particpation Key In Developing Democratic Institutions And A Succesful Democracy | Senator Gbenga Ashafa

by | May 29, 2018 | Uncategorized


As we mark the 2018
Democracy day of our dear country Nigeria and the 3rdyear
anniversary of the President Muhamadu Buhari led, All Progressives Congress
administration, I would like to thank all Nigerians for your support this far.
Your constructive criticism, your alternative opinions, your support for the
institutions and policies of government and prayers have been the needed
impetus for those of us in government to do more. 

In the past 3 years, the
Buhari/Osinbajo led government has reconstructed a foundation of socio-economic
growth and development founded on the ideals of our constitution (Unity and
Faith, Peace and Progress) and the ideals of our party.  

We are gradually beginning
to experience prudence and attitudinal change in public service, a stiff fight
against corruption, massive infrastructural development particularly in the
areas of rails, roads, power and housing. There is also a sincere battle against
insecurity and a commitment to creating a country that holds the promise of a
secure future for our teeming young population. 

In this final lap of this
administration’s first term, I think it would be wise for Nigerians to realise
that Democracy is founded on people representation and a balance of opinion on
one hand as well as establishment of strong institutions on the other. In
essence, we must continue to engender the National conversation with a view to
ensuring that our aggregate opinions are always represented and the sanctity
our National Institutions are always protected.  The key to this is
participation.

Consequently, as we
gravitate towards the political season I urge all Nigerians to participate
actively in the entire process. Please be reminded that participation is as
much a duty as it is a right. We must therefore all be invested in ensuring
that the solid foundations built by this administration are consolidated upon.

As I conclude, I urge all
Nigerians to remember that sustainable development can only be achieved in an
atmosphere of peace. We must therefore come together to ensure that there is no
hiding place for criminals seeking to destabilise this country through
bloodletting and violence. 

Happy Democracy day Nigeria,
together we can do more.

Signed:

Senator Gbenga B. Ashafa

The Team Player; Reflections on Paul Usoro SAN |Nelson Uzuegbu

The Team Player; Reflections on Paul Usoro SAN |Nelson Uzuegbu

by | May 29, 2018 | Uncategorized

A lot has already been said
and written about Paul Usoro as The Man, The Lawyer, The Candidate… Some have
however called for reflections from a time more distant into the past. I am in
a position to  offer this; so I will start with a glimpse of Paul from
earlier days and from my own perspective . I will progress from there, giving
my own impressions of Paul Usoro as a boy, a law student and then a legal
practitioner.

Paul Usoro The Boy
I was privileged to know
Paul when we were quite young. It was a singular honour to meet and know and
interact with his wonderful family:  his father, mother and brothers, all
of them pleasant souls blessed with a beautiful spirit – But this is not their
story; it is about Paul in family setting with them.

When young boys and girls
are growing into young adults there is always some degree of anxiety about
their healthy development, hence cautionary words are doled out generously on
the need to make the right choices, avoid danger and stay out of trouble.
However, with Paul’s parents I noticed what seemed like total confidence in
him. In their house we came and went as we pleased,  no questions asked.
About the only advise I knew them to give him then was on the need to be modest
and not attempt too much. They knew he would aspire to great things; but he
should first prepare well. (He has always done so.) I wondered why there were
not the usual warnings about dangerous hours and people and places and about
bad girls. The answer came one day when we were travelling between Calabar and
Ikot Ekpene. As usual, Paul was driving. It was late in the night when we ran
out of fuel. All efforts to refuel failed; but there  was no panic. We
were settling down to sleep by the roadside when a man from a nearby village
offered us a chance to spend the night in his sitting room. We returned late
the next morning to a welcome that was so nice and cordial that I could not
stay cool anymore. I confronted Paul’s elder brother and asked him why there
was no search party mobilised for us and why there was not even the slightest
sign of worry or question asked about our welfare. He laughed and said to me:
“My Dear brother, we knew you’d be fine; Paul takes care of himself.
Always”.

Paul Usoro The Law Student

It is no longer news that
Paul was the President of our Law Students Society in University of Ife,
 the first to be elected from a minority tribe. He ran a transparent and
vibrant administration. Towards the end, his administration was subjected to a
most incisive scrutiny; at the end of it, everyone (including the harshest
doubters) were up on their feet applauding.

At the Nigerian Law School,
Lagos Paul had a word of encouragement for all and humour to enliven any
situation. He also knew how to answer  disparagement with chilling
silence.

Paul’s response to fear was
revealed one night when we were out on the night and got stranded far away from
our base in Victoria Island. Buses were not available at that hour and we did
not have enough money to charter a taxi. Paul said we should trek home. I was
worried, the distance was up to seven kilometres,  I did not know the
route well and we could be mugged… Paul assured us he could trace the route
home, it could be fun; and then he added:

“Look, guys, fear not;
we are three young men challenging a dark and dreadful night. If we stay solid
good people will take courage, the fear will be in the bad guys, not us.”

And so it happened. We got
home safely. I slept the best sleep ever that night and discovered the benefits
of walking.

Paul Usoro The Legal
Practitioner

It seems that almost
everything has been said about this aspect of our candidate’s life. Those who
have read recent write-ups on Paul are aware that he has become more than an
institution in our noble profession. His celebrated cases, deft moves in
industry and work in ground-breaking legislations and support for NBA
activities are already in the public domain. He has impacted well on the
profession in Nigeria and beyond our shores. This is well known. So I will
dwell only on one aspect – that of Paul Usoro SAN as a team player. His work
has not often been done alone, but in a team. When teams were formed and he was
brought in he worked as a loyal member of the team and played strategic roles.
Most times, however, he assembled and led teams; he led with courage and vision
and a deep understanding of humanity. I worked in some of his teams. I can also
say that always the results were outstanding.   When Paul worked with his
team pro bono the sense of accomplishment was reward enough. When professional
fees accrued Paul has always been fair and generous to his team members. I have
never known anyone to evince the slightest hint of discontent.

Today our jurisprudence is
developing rapidly in the usual as well as in new  areas such as
Information Technology and Telecommunications,  Sports and Entertainment,
Science,  Human Relationships,  etc. Paul has noted that many lawyers
have not grown to keep pace and key into these developments. He has promised to
address this need as Paul Usoro SAN the President of the Nigerian Bar Association
Putting-You-First. I believe him. I KNOW, dear learned colleagues, that Paul
will put you first. And he is ready for the tasks ahead…

– by Nelson Uzuegbu
The Child Rights Act And Need For Stricter Enforcement | Adedunmade Onibokun

The Child Rights Act And Need For Stricter Enforcement | Adedunmade Onibokun

by | May 27, 2018 | Uncategorized


The
State shall direct its policy towards ensuring that
children, young persons and the age are
protected against any exploitation whatsoever, and against moral and material
neglect.
Section
17(3)(F), 1999 Constitution of the Federal Republic of Nigeria.

On the 6th of March, 2018, the
Senate Chamber of the National Assembly passed resolutions which followed a
motion by Senator Benjamin Uwajumogu (Imo-APC) which called the attention of
the Senate to the ‘increasing rate of child labour, molestation and abuse in
Nigeria.’ Mr. Uwajumogu expressed worry over recent data published by the
National Bureau of Statistics which showed that 50.8 per cent of Nigerian
children; aged between five and 17 years are engaged in child labour.



The above statistic is very unpleasant,
especially because child labour is expressly prohibited under the Child Rights
Act, 2003. Section 28 of the Act provides that no child shall be subjected to
any forced or exploitative labour ; or employed to work in any capacity except
where he is employed by a member of his family on light work of an
agricultural, horticultural or domestic character. Most especially, Section
28(d) expressly states that no child shall be employed as a domestic help
outside his own home or family environment and further provides that any person
who contravenes the above provisions shall be liable on conviction to a fine
not exceeding fifty thousand Naira or imprisonment for a term of five years or
to both such fine and imprisonment.

However, an inspection of many Nigerian homes
will reveal that this law is hardly enforced as it is quite common to see
underage children employed as domestic staffs. There are numerous other rights
that Nigerian children are entitled to under the Child Rights Act, 2003,
including the right to free and compulsory basic education, however, this right
is also hardly adhered to by governments. Many Nigerian States are also yet to
domesticate the Child Rights Act as only about 24 states have currently done
same, a major factor which still enables child exploitation in those states.

Having been enacted at the National level,
the States are expected to formally adopt and adapt the Act for domestication
as State laws. This is because issues of child rights protection are on the
residual list of the Nigerian Constitution, giving states exclusive
responsibility and jurisdiction to make laws relevant to their specific
situations.

Last year, the National Assembly held a
consultative session in the Senate with the Speakers of State Houses of
Assembly that had not domesticated the Child Rights Act, however, the remaining
states are not getting onboard as quickly as they should.


The Deputy Senate President, Ike Ikweremadu
has suggested a consideration of the possibility of setting up a special court
for enforcing some of these rights of the children so that those who flout them
will be punished adequately, however, this may not entirely solve the problem
of enforcement as courts only adjudicate over matters brought before them and
there currently exists family courts in the Magistrate and High Courts. I on
the other hand suggest a strengthening of the agencies responsible for
providing child care supervisory roles such as the ministries for youth
development or the creation of a child protection agency with a mandate to
critically address the protection of the Nigerian Child.

Furthermore, the spate of insecurity in the
North – East has adversely affected many Nigerian children as the UNICEF
Nigeria Humanitarian Situation Report, 01-31 March 2018, reveals that there are
about 4.5 Million Nigerian Children in need of humanitarian assistance. As we
celebrate Children’s day, today, May 27, 2018, the issues of violence against
children, child molestation, child labour and other evils committed against
children still remain a grave concern.

 The
Child’s Rights Act 2003 (CRA) incorporates all the rights and responsibilities
of children, and which consolidates all laws relating to children into one
single legislation, as well as specifying the duties and obligations of
government, parents and other authorities, organizations and bodies. The Act
also provides for legal issues affecting the Nigerian child including, the duty
of the State to protect children and investigate the plight of children who
need special care and protection; child labour; harmful publications that
negatively influence children; adoption, custody and guardianship of children
and the Child Justice Administration system. 

You may read further on the rights of
children under the Child Rights Act in this article.

Adedunmade Onibokun Esq.

Images – Dr. Bukola Saraki, Senate President, Federal Republic of Nigeria, today 27th May, 2018, on a visit to the IDP Camp in Benue while spending time with the children in celebration of Children Day. 


Credit – www.twitter.com/@bukolasaraki