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Is Mediation as expensive as Litigation?

by Legalnaija | Aug 28, 2017 | Uncategorized

A small number of cases are intrinsically
unsuitable for mediation although very experienced Mediators and Mediation
Advocates would say that the following under listed may still be mediated at
some stages of the proceedings;

Where the parties wish the court to
determine issues of law or construction which may be essential to the future
trading relations of the parties, as under an on- going long term contract, or
where the issues are generally important for those participating in a
particular trade or market.

Similarly, where a party wants the court to
resolve a point of law that arises from time to time, and one or more parties
consider that a binding precedent would be useful.

Cases involving allegations of fraud or
other disreputable conduct against an individual or group, which are unlikely
to be successfully mediated because confidence is lacking in the future conduct
of that party.

Cases where injunctive or other relief is
essential to protect the position of a party.

Where a party actually does have a
watertight case, since summary judgment procedure in the court would be
available.

The cost of mediation can be a factor of
particular importance where the sums at stake in the litigation are small.

Mediation can sometimes be as expensive as
a day in court, as the parties will often have legal representation and the
mediator’s fees and other disbursements are usually being borne equally by the
parties regardless of the outcome.

Footnotes:*
Standing Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door
Courthouse Law (LMDC) 2007* The LMDC Practice Direction on Mediation Procedure*
The Multi Door Courthouse Code of Ethics for Mediators* Guidelines For
Enforcement Procedure *Guidelines for Court referrals to Alternative Dispute
Resolution *Principles of Alternative Dispute Resolution by Stephen J.Ware
*Effective Mediation Advocacy by Andrew Goodman.*

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us on Facebook Page: fb.me/dmediationlawyeristng

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The Benefits Of Mediation Over Litigation (iii)| DmediationLawyerist

by Legalnaija | Aug 28, 2017 | Uncategorized

It is usually less expensive than
litigation which goes all the way to judgment.

Mediation provides litigants with a wider
range of solutions than those that are available in litigation; for example, an
apology; an explanation; the continuation of an existing professional or
business relationship perhaps on new terms.

It can create an agreement by one party to
do something without any existing legal obligation to do so.

It is desirable to be able to control the
outcome of the dispute rather than have it imposed upon you, potentially
leaving both parties dissatisfied by the experience.

The absence of a trial not necessarily
wanted by both parties has its advantages; reduced costs, no full trial preparation,
the litigation is not so protracted and the absence of findings of fact that
might subsequently be used by one of the parties.

Generally, there is a very speedy
resolution.

Those interests which are of real
importance to either or both parties will not be obscured by technical or legal
issues advanced by the lawyers within the framework of the litigation.

There may be no real point in trying to
fight a legal principle where the determinative legal issues are already well
settled.

One or both parties may have good reasons
to avoid the publicity which potentially at least is always thrown up by
litigation whether at a local or even national level.

Footnotes:* Standing Conference Of
Mediation Advocates (SCMA) *The Lagos Multi- Door Courthouse Law (LMDC) 2007*
The LMDC Practice Direction on Mediation Procedure* The Multi Door Courthouse
Code of Ethics for Mediators* Guidelines For Enforcement Procedure *Guidelines
for Court referrals to Alternative Dispute Resolution *Principles of
Alternative Dispute Resolution by Stephen J.Ware *Effective Mediation Advocacy
by Andrew Goodman.*

For more information –

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us on Facebook Page: fb.me/dmediationlawyeristng

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Community Based Approach, Best Way To Fight Drug Abuse- Senator Ashafa

by Legalnaija | Aug 26, 2017 | Uncategorized

The Senator representing Lagos East
Senatorial District in the National Assembly, Senator Gbenga B. Ashafa has
expressed concern over the increased rate of drug abuse among youngsters and
advocated a community based approach as the best way to tackle the menace of
drug abuse in our country.

Ashafa made this call at the Magodo
ResidentS Association, Valley View Zone’s, sensitization march against drug
abuse in their community. The event which took place on Saturday, 26^th August
2017, at the secretariat of the zone had in attendance the residents and
advocacy groups united in the fight against the scourge.

Other contributors at the event include the
chairman of the Valley View Zone residents association Mr. Olatunji Solarin and
the guest speaker Dr. Dokun Adedeji, the National coordinator of CADAM- Christ
Against Drug Abuse Ministry, who also spoke extensively on the prevalence of
drug abuse and ways to prevent it in the society.

In his words, the Senator Stated that “the
scope of drug abuse has now transcended beyond popular narcotics and alcohol,
youngsters have also found refuge in the abuse of over the counter and
prescription pills/medications at an alarming rate.”

Speaking further, Ashafa stated that “This
nagging concern inspired me to sponsor a motion on the floor of the senate on “Nigerians
involvement in illicit Global Drug Trade and increase in Domestic Abuse by
Nigerian Youths” and a“Bill for the amendment of the Nigerian Drug
Law Enforcement Agency Act”.These legislative interventions seek to ensure
that we overcome the menace of drug abuse in Nigeria.”

He however expressed optimism in the
community-based effort in tackling drug abuse when he stated, “I am even more
optimistic in the fact that Charity begins at home. I therefore call on all
parents, guardians and caregivers to educate our children on the ills of drug
abuse. We must also pay closer attention to the habits being picked up by our
children and wards not only as a family but also as a community. We must be
ready to inform our neighbours of whatever strange mannerisms we notice in
each-others children because community effort is a more effective means of
preventing the spread and continuity of Drug Abuse.”

He concluded by stating that, “My advice
therefore is to remind us that in Africa, “it takes a whole community to train
a child”.

The Benefits Of Mediation Over Litigation (Iii) | DmediationLawyerist

by Legalnaija | Aug 25, 2017 | Uncategorized

i.
It is usually less expensive than litigation which goes all the way to
judgment.

ii.
Mediation provides litigants with a wider range of solutions than those
that are available in litigation; for example, an apology; an explanation; the
continuation of an existing professional or business relationship perhaps on
new terms.

iii.
It can create an agreement by one party to do something without any
existing legal obligation to do so.

iv.
It is desirable to be able to control the outcome of the dispute rather
than have it imposed upon you, potentially leaving both parties dissatisfied by
the experience.

v.
The absence of a trial not necessarily wanted by both parties has its
advantages; reduced costs, no full trial preparation, the litigation is not so
protracted and the absence of findings of fact that might subsequently be used
by one of the parties.

vi.
Generally, there is a very speedy resolution.

vii.
Those interests which are of real importance to either or both parties will
not be obscured by technical or legal issues advanced by the lawyers within the
framework of the litigation.

viii.
There may be no real point in trying to fight a legal principle where
the determinative legal issues are already well settled.

ix. One or both parties may have good reasons to avoid the publicity which
potentially at least is always thrown up by litigation whether at a local or
even national level.

Footnotes:* Standing
Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door Courthouse Law
(LMDC) 2007* The LMDC Practice Direction on Mediation Procedure* The Multi Door
Courthouse Code of Ethics for Mediators* Guidelines For Enforcement Procedure
*Guidelines for Court referrals to Alternative Dispute Resolution *Principles
of Alternative Dispute Resolution by Stephen J.Ware *Effective Mediation
Advocacy by Andrew Goodman.*

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fb.me/dmediationlawyeristng

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Star Profile – Nicholas Akintola Ladapo

by Legalnaija | Aug 25, 2017 | Uncategorized

Principal
partner Chief Ladosu Ladapo ( SAN)& CO

Mr. Akintola Ladapo
is an amazing man. Words are not enough to begin to describe him. He likes to
play squash and surprisingly, he is a very good dancer. How do I know? Well, I happened to see him
dance at his wife’s retirement thanksgiving service with his mighty ‘Agbada’
attire. The Reverend at the Methodist church Bodija Ibadan could not hide his
astonishment at what he noticed in Mr. Akintola Ladapo’s skills on the dance
floor.

In a bid to share
very inspiring stories of Lawyers who have made a mark for themselves, I had
the rare opportunity of having a 4 hour sit down discussion with him.

Read on, I am sure
you will enjoy and learn a lot from his story.

He is a lawyer who
has been in practice for about 38 years. Akintola Ladapo is the Principal
partner of Chief Ladosu Ladapo (SAN) & Co. He was the Solicitor- General of
Oyo State.

On the 1^st of October 1955, at
Island maternity hospital Lagos, a baby who has grown into a delectable personality,
a perfect picture of a role model that is very worthy of emulation was born. He
was born into the family of Chief Ladosu Ladapo (SAN) and Lady Olapeju Cecilia
Ladapo nee ADESANYA. He was christened and named Nicholas Akintola Ladapo.

Brief
history

Growing up was fun, we played football, I
used to chase masquerades on my way from school when I was in Primary school.
We learnt vocations like grass cutting, theatre arts etc in school. It was fun
being a kid then, unlike now.

Nigeria was
peaceful, there was no robbery , you could pack your vehicle without locking
it. Stealing was a taboo in those days, if you stole, you will be taken to the
front of your father’s house and you will be disgraced.

I went through
discipline with my dad and in those days, moral standards were maintained and
you were expected to follow to the letter what your elders told you.

Education was taken
very seriously, you must do well in school, go to church on Sundays and we kept
a healthy life style .

At 5years of age,
Mr. Akintola Ladapo attended St. Patrick Primary School Abebi Ibadan. After
which he attended Loyola college in Ibadan for WASSCE and then St. Gregory
college for his HSC Lagos 1973-74 .He was a member of the School football team
and food committe66e. He gained
admission to the prestigious University of Lagos in 1974. He went to law school and was called to the Nigerian Bar in 1979. He
went for National Youth service in the then Bendel State.

I have always known
I would be a lawyer. It is good for parents to know their children so that they
can direct them in the right path. I avoided pressures to go to the judiciary
or to become a traditional Chief because I chose to do the full practice of law.

Work
experience

Aside practicing in
1981, he became legal officer at punch Nigeria Ltd in 1981. He came back to Chief
Ladosu Ladapo (SAN) & Co to practice in 1983. In 1999, he was appointed as
a member of Oyo State pilgrims welfare board (Christian ) and in 2000, he was
appointed a member of the Commission of Enquiry into Ethnic Disturbances in
Lagos State. In 2003, he was appointed as a
Director at the Ministry of Justice Oyo State and rose to become
Solicitor General in 2012. After he retired at the Ministry of Justice he came
back to Chief Ladosu Ladapo (SAN) and Co to resume full private legal practice
in which he is currently engaged.

He had so many inter-ministerial appointments and
headed many departments while at the Ministry of Justice. In 2005, he was
appointed as a member of the Judicial Committee for the Review of Civil Procedure
Rules of Oyo State which resulted in the
current one that is being used. He was appointed by the Chief judge to defend
the him (Chief) Judge for the famous Ladoja case. He was a member of Speedy
Administration of Criminal Justice which was headed by the Chief Judge.

Dami, I would tell
you this,I like defending people, taking care of the oppressed, speaking up for
those people who cannot speak for themselves and those who need justice , I
hate injustice and unfairness . As a Christian I believe in the creed of Proverbs
31 vs 8-9 ‘Open thy mouth for the dumb in the cause of all such as are
appointed to destruction. Open
thy mouth, judge righteously, and plead the cause of the poor and needy’. This
guides me to follow God’s instructions and carry them out.

He refused to apply
for senior advocate of Nigeria because in his opinion the rank is no longer
honourable unlike in the days of his father when people that were seen to be
noble were appointed rather than the method of application as we have today.

Akintola Ladapo’s career principles:

I focused on being
a lawyer and being the best where ever I find myself.

Honesty, discipline
and integrity are my principles.

Discipline from
parents and school, shaped me.

I knew what I
wanted, I resisted every other thing that was not what I wanted

Experience was more
important to me, I was opened to learn different things in the journey. The
different responsibilities at my different work opportunities have helped me. I have all round experience from different
places.

There is no way I
can tell you all that has happened in Mr. Akintola’s life but I would like to
mention that he was once a politician, he contested for the post of Governorship of Oyo State. He was so
disappointed at the mindset of people, he had very good intentions but they
failed to see because they could not think about the future. People would
rather vote for people with empty promises who simply give out money before
they get to the position. He refused to give out money because he was contesting
in order to serve them. He was going to work for them and deliver all his
promises. They rather voted for someone who gave out money and had no second
thought about them after he got the position.

My experience
taught me that people don’t want honest people and people of integrity. Thankfully
we have the current administration who are ready to lead the Country to peace
and justice. I’m hoping and praying they succeed all the pressures from within
and outside.

It is possible to
do honest practice and still get to the top. The current Vice President is an
example.

Let’s hold hands
together to make Nigeria work.

Akintola Ladapo is one man I know who believes
in living the life of truth.

Mentors

Chief Ladosu Ladapo
(SAN)

Details I believe
lawyers should pay attention to;

My dad played a
good role , I was impressed by his profession , he was a perfectionist , hard
working , he had integrity , believed in God he believed law is a tool you use to do good to others and yourself ,he
was a disciplined man a role model to lawyers all over Nigeria. He brought up
lawyers . He was always neat, he was a perfectionist as a lawyer, litigator,
SAN, solicitor, traditional Chief and in the Catholic Church where he was appointed
the knights of Saint Lumuba . He was a leader and member of Nigerian a bar Association, Commonwealth
Lawyers Association and International Bar Association, where he made his mark.

Professor Yemi
Osibajo (Vice president of Nigeria) –

He is a very good
friend, I respect him , he is legal expert , honest, a person of integrity ,
erudite, disciplined, a role model as a husband, leader, lawyer. He mixes his
intellect with humility and morals. If all the office holders could be like him
Nigeria will be a better place to be.

Justice Amina Augie

She is currently a
justice of the Supreme Court, I admire her because she is hardworking and
erudite, she promotes honesty and integrity and she has strong believe in God. She told me ‘I will get to the
supreme Court but it is God that will help me to get there’.

I’m sure you would
like to look like these people or rather you
would like people to say this about you.

Mr.
Akintola Ladapo’s family life

Mr. Akintola Ladapo
and his wife met at the Youth service camp. Immediately Akintola saw her, he knew she was the one. He
told his friend, Prof. Yemi Osinbajo that he has found his wife. He did not
waste time , he went after her immediately.

He got married in 1981. He saw many virtues in
his wife. I promise I can attest to
that, I was there when people came to
give testimonies about her during her retirement thanksgiving . I had to tell
myself at that program; Damilola you still have plenty growing up to do.

Mr. Akintola started dropping so many habits that his parents did not know of after he met his
wife.

She had an
influence on me , she was a born again Christian she was praying for me. I
became born again after marriage. I went to the gold smith fashioned a ring, I
did not want her to go, I put an engagement ring on her finger and also had
engagement party at the camp. Prof. Osinbajo
played a prominent role he held the
baskets of oranges at the engagement.

The bible says he
who finds a wife has found a good thing, Mrs. Modupe Ladapo has indeed been a
good thing to my Boss.

He continued the
chase after youth service. He met her dad and he told him to put his request
and plans in writing. She started working in Lagos at the Federal Ministry of
Agriculture. After youth service he told
his friend Yemi to watch over her for him. What this
taught me is that you should go after
what you want in life and you also
protect it after you have gotten it.

He went to meet her
in Lagos and told her to resign and take up an appointment as a teacher to
train and teach their future children,
because as a full time private legal
practitioner he will not be able to
devote enough time to see to the needs of the children.

I
did not have anything when I married her , did you see
that?!

We rented a place
at challenge in Ibadan it was empty but we started building little by little.
She earned more than I did when we got
married. That did not matter to her.

Together they raised:

1^st born
and 1^st daughter, Olubukola
Cecelia Atuyota, she is a PH.d hopeful
in United States of America.

2^nd born
and 1^st son Lawale Nicholas Ladapo is an International lawyer and he has been called to the bar in four
different countries. Does that not amaze you? I was flabbergasted. I thought I had dreams
but this exceeded my own imagination. He had a first class at University of Lagos. He attended Cambridge
University and Harvard University for
his Masters Degree programs after he was called to the Bar in Nigeria. Wow!
People are achieving great stuff in this life.
My mind was blown, I couldn’t close my mouth when his Dad told me about
him. He works at Cleary Gottlieb Steen & Hamilton LLP in Abudhabi in United
Arab airways. I’m definitely going to
write about him soon.

3^rd
born, 2^nd Son Adekunola Richard Ladapo , is an Engineer and works
with Amazon in United States of America. He had his Masters Degree in
Engineering at Northeastern University, Boston , Massachusetts.

4^th born,
2^nd daughter Bolaji Ladapo is also a lawyer. she worked at Olaniwan
Ajayi & Co. She is currently
pursuing her Masters Degree at Georgetown University, USA.

It gives me great
joy to have two of my children to be lawyers, one is an Academician and one is
an Engineer

Extracurricular
activities

Akintola Ladapo lives a balanced life he plays squash, his father introduced him and
his siblings to the game when they were younger. He plays on Sunday and
Wednesday evenings. He is an ardent supporter of Manchester United . Mr.
Akintola Ladapo still acts like a youth,
if you see him physically you will find it difficult to guess right his
age.

I told you his life
is balanced he also goes for Bible study on Tuesdays and prayer meetings on
Thursdays together with the Sunday
service.

Nugget from a
leader

·
Be a good example to others.

·
Live within your means.

·
You have to read your book and be
disciplined.

·
Go to court and do your case well because
it’s your name that will be in the law reports.

·
As a lawyer if you fail it’s by your own
choice.

·
Have good mentors because that in itself is
hard. Not the ones rigging, paying their way through because those are not
honourable.

·
Don’t ever bend because of anything, you
will walk freely when you are not shady.

·
You can get things done better when you
don’t draw attention to yourself , you will achieve more that way.

·
Don’t ask for anything that you don’t
deserve or else you will get burnt.

·
People ask for things that they don’t need
and it kills them. Don’t use your hand to soil yourself.

·
Thank God for what he has given you and
enjoy it.value your joy and peace because it is priceless.

·
Lawyers are officers in the temple of
justice , you have to assist in pleading the case of your client.

·
I did a pro bono case for a judge the
Accused person told me he did not do it, I believed him later on I realised
that he did it, I withdrew and told him to go and confess. Lawyers should not
shield wolves and those who break the law because of the money, they should
rather help justice , the judge needs the lawyers counsel on both sides to be
truthful.

·
To be a successful lawyer is not a hard and
fast rule, hard work is key.

·
You will have challenges in your journey.

·
You can’t just say you have achieved. Achieving is continuous work.

·
Our
profession needs cleansing just like our country , we can’t do it ourselves , we need God and we also
need to do things we ought to do. Do what is good and preach what is good too.

·
As women help your husband build good homes,
don’t compare what your husband with what your father has.

·
When you do good you are doing it for
yourself when you do bad you are doing it for yourself.

·
Stay clean especially because of the
future, straighten your records because it may come against you soon.

·
If you grow up you will stay up , but if
you jump up you will come down too soon.

·
Lawyers, whether on the ben, prosecution or
defence are all officers in the temple of justice.

·
Law is a vehicle of the society, that is
why our laws must be relevant.

·
Irrelevant laws should be removed.

I hope this
Inspired you because I am inspired and I
just hope someone reading this will be determined to be better because all your
dreams are truly achievable, you only need to work and be true to the right
principles.

Contributed
by;

Damilola
Dawodu

LinkedIn
: Damilola Dawodu

edawodu89@gmail.com

Counsel’s Wig; A Symbol Of Sagacity And Old Age| Damilola Dawodu

by Legalnaija | Aug 25, 2017 | Uncategorized

History of the
wig and gown

The
tradition of wearing wigs and the culture of adorning gowns was borrowed from
the prevailing practice of the time, however, in the case of gowns, it had a
little twist.

History
records that people wore gowns as early as the 17th century and it formed part
of the traditional attire of the ancient English people, however, these gowns
were very colourful gowns. Eventually, the English People wore a black mourning
gown after the death of King Charles II in 1685. Unexpectedly, after the
mourning period, the lawyers decided to keep wearing it, as it begun to
symbolise the sombre and solemn nature of the profession as well as the
attribute of neutrality.

The
black robe worn by lawyers also has a weird piece of triangular cloth attached
to the left shoulder, often described as ‘violin-shaped’, which is cut in two
lengthways. The origin of this is a bit more uncertain; there are two theories
on it:

The first of these theories is that the triangular clothe once
served as a money sack for the payment of a lawyer’s brief fees, more
professional called professional fees.

According to some, it is divided in half to create two segments,
one for gold coins, and the other for silver. The idea being that since lawyers
were initially not openly paid for their work, clients placed ex-gratia payment
into the Triangular-shaped pocket, literally behind their back, to preserve
their dignity. Therefore, because they could not see how much they were being
paid, the quality of their advocacy in court could not be compromised. (we like
this theory, but it’s an unlikely one)

The second theory is that the triangular cloth is a derivative of
the mourning hood introduced following the death of King Charles II, in
consonance with traditional mourning dress of the time.[1]

Subsequently, Lawyers and Judges started adorning the wigs around
1680. For 150 years, the wig worn by lawyers was usually made with powdered
white or grey hair. In 1822, Humphrey Ravenscroft invented a special wig for Lawyers
and Judges, which were made from a
whitish – grey horsehair that did not need frizzing , curling, perfuming or
powdering . Wigs are like hats cone in various sizes and have to be fitted.[2]

Why Nigerian Counsel adopted the Tradition of adorning
the wig and the gown

Our colonial masters, who
still adorn the gown when appearing in courts, introduced the practice of
wearing the wig and gown by lawyers when appearing in court.

Whether the continued adornment of the wig and the gown is still
of any relevance in the Nigerian Legal System has sparked different reactions.
To some, the wig and gown is an inspiration to lawyers, as adorning the wig and
gown gives one a sense of satisfaction. Also, it gives respect to legal practitioners,
and make the clients respect the profession when in court because of the regal
nature of the attire. To others, The wig
and gown distunguishes the legal profession from other professions and from
other members of the society.

Some are of the opinion that the Wig
and gown epitomizes authority, formality, dignity and solemnity of the law. It emphasizes on the
objectivity of the law and deflects personal attention from the judge. It was
also introduced for hygienic reasons.

Instances where it will be compulsory to be adorned in
the wig and gown

A perusal at the Rules of Professional Conduct for Legal
Practitioners (The Rules) 2007 shows more prominently Rules 45 & 36 which
stipulate that:

Except with the permission of the Court , a lawyer appearing
before a High Court , the Court of Appeal or the Supreme Court shall do so in
his robes

(2) A lawyer shall
not wear the Barrister’s or Senior Advocate’s robe

(A) on any occasion other than in Court except as may be
directed or permitted by the Bar Council ;or

( b) when conducting his own case as a party to a legal
proceeding in Court ; or

(C) when giving evidence in a legal proceeding in Court.[3]

“When in the court room, a lawyer shall

(A) be attired in a proper and dignified manner and shall not
wear any apparel or ornament calculated to attract attention to himself.

(B) conduct himself with decency and decorum, and observe the
customs, conduct and code of behaviour of the Court and custom of practice at
the bar with respect to appearance, dress, manners and courtesy..”[4]

MEN:

The specified mode of dressing for male lawyers is Black or
dark- blue two piece or three piece suit, white collarless shirt, white wing
collar ( size bigger than shirt neck
size ) white band ( bib) elastic or lawn
, two studs ( one at the back and one in
front of The collar ) to hold collar to shirt ; and black shoes with black
stockings . Alternatively, men would
wear (a)
white shirt with wing collar in lieu of collarless shirt and
detachable wing collar . ( b) Black and
grey stripped trousers in lieu of suit trousers (c) sleeved vest in lieu of coat

WOMEN :

For the women, the specification are as follows:

a. Black or dark- blue suit or straight dress or skirt and
jacket with white blouse if open; white collarette or ladies white band and
black shoes . The dress must have long sleeves and be high to the neck and the
dress or shirt must be knee length , it must also be of a sober appearance and
not worn in a manner as to attract unnecessary attention. The skirt should not be
too tight as to expose the stark figure or contours of the body.

For inferior Courts :

For inferior courts, White shirt and long tie may be worn with
the suit in lieu of wing collar by men . The wig and gown should not be won
in the inferior Courts or outside Court
premises, except with the permission of the General Council of the Bar. See
Rule 45 (2)(a) of the Rules of Professional Conduct 2007. The occasions to this
may include lying in state of a deceased colleague, valedictory sessions,
opening of legal year.[5]Etc.

Also, the Rule as cited above precludes a lawyer from remaining within the Bar while
conducting a case in which he is a party. He should leave the Bar and remove
his wig and gown .[6]

Furthermore, Counsel are
not allowed to wear the wig and Gown in the following Courts;

·
Special
courts like the Court Martials, coroners
court etc.

·
Inferior
Courts which includes the Magistrate Court and Customary Court

·
Sharia
courts

When do counsels get wigs and gown

Wig and gowns are first worn officially during the call to
the Nigerian Bar ceremony of the Aspirant to the Bar. Vendors usually come to
meet students at the Nigerian law school to introduce them to different wigs
right from the first term at the law school. The vendors come to advertise
those wigs and they also mention that there are discounts on each wig. The wigs
are priced according to the quality.
Some of the vendors succeed in convincing the students, Some will tell students to buy it and start praying on
it. Student who are excited about the idea will buy while some others will
calmly wait to buy after the results are out. The ones who calmly wait are
usually the lucky ones because they would get the wigs at a price lower than the supposed discount price. Some other aspirants order
for theirs from abroad.

It is a thing of joy for both the aspirants and the family
to be adorned in this beautiful and honourable attire.

THE Wig as a symbol of seniority at the bar.

I am still very young at the Bar, but from my days at the
law school especially during the externship, I noticed that one can tell the
age of a Counsel at the Bar in Court by the wig.

When you see a white wig , it presuposses that the gentleman
is a new wig. When you see the
not-so-white wig it means the gentleman is advanced in age at the bar.

I can not
deny that it is worrisome that some lawyers attend court with torn wigs and
shabby gowns as an expression of their long years at the bar. This actually
goes to say that they don’t look after themselves because such dressing only
undermines the high standing of the legal profession.

Recommendations

I know the
problem is; the old wigs do not want to be addressed as new wigs and they also want
to be given the respect that they deserve. Hence, I will advice and suggest as
follows:

1.
Counsel should purchase a
strong and durable wig when being called to the Bar.

2.
In the course of the years,
counsel should maintain the wig and the gown well, especially the wig,so that
it does not get torn or tattered

3.
Counsel should endeavour to
buy at least two wigs and use them interchangeably.

If your wig is torn or your gown is battered, buy a new one.
Wearing torn or tattered wig does not bring any sort of honour to you nor the
profession.

Written by;

Damilola Dawodu

LinkedIn :
Damilola Dawodu

edawodu89@gmail.com

[1] Administrator, Why do Nigerian Lawyers wear wigs and black gowns, law
paid.com , administration of justice, http://lawpadi.com/why-do-nigerian-lawyers-wear-wigs-and-black-gowns/

[2] Why do Judges and barristers wear wigs, the Nigerian lawyer.com, life and tech category, Jan 21, 2016, http://thenigerialawyer.com/why-do-judges-and-barristers-wear-wigs/

[3] Rule 45 Rules of Professional Conduct for
Legal Practitioners 2007

[4] Rule 36 Rules of Professional Conduct for Legal Practitioners 2007

[5] A. Obi Okoye ,Law in Practice in Nigeria ( professional
Responsibilities and lawyering skills ) page 228

[6] Rule 36 (f) Rules of
Professional Conduct for Legal Practitioners 2007

The Benefits Of Mediation Over Litigation (II) |DmediationLawyerist

by Legalnaija | Aug 22, 2017 | Uncategorized

The Benefits Of Mediation Over Litigation include –

·
It
gives better results because control remains directly in the hands of the
parties as decision makers.

· Win
or lose, it is comparatively quick and cheap as a self- contained process.

·
It
saves management time.

·
It
is private and confidential.

·
As
a dynamic, it actively promotes renewal and reconciliation because it has been
structured to restore relationships.

·
Litigation
looks to find fault; Mediation does not.

Mediation makes a particularly attractive
route where parties are likely to continue to have dealings and interact in the
future, whether in business, as neighbors or within the confines of some close
personal relationship or physical proximity. This is of particular interest in
Landlord/Tenant, Vendor/Purchaser, Principal/Agent and other neighbor
relationships, as well as trading partners.

Footnotes:*
Standing Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door
Courthouse Law (LMDC) 2007* The LMDC Practice Direction on Mediation Procedure*
The Multi Door Courthouse Code of Ethics for Mediators* Guidelines For
Enforcement Procedure *Guidelines for Court referrals to Alternative Dispute
Resolution *Principles of Alternative Dispute Resolution by Stephen J.Ware
*Effective Mediation Advocacy by Andrew Goodman *

For more tips on Mediation –

Follow
us on Facebook Page: fb.me/dmediationlawyeristng

Instagram:
http://www.instagram.com/DmediationLawyerist

Mediation and the Courts | DmediationLawyerist

by Legalnaija | Aug 22, 2017 | Uncategorized

It should be noted that Mediation and other
forms of ADR can NEVER replace the courts but it is to be seen as part of the
court system and this has been done with the establishment of the Lagos Multi
Door Courthouse (LMDC) which is primarily aimed at resolving disputes.

Mediation and every other form of ADR is
achieving justice by consensus and the aim of our page is that it is hoped that
only cases which should be in the courts get to the court.

THE
BENEFITS OF MEDIATION OVER LITIGATION (I)

· Litigation is formal and looks backward in time at what has occurred.

· Many winners find that in real terms, taking into account, time,
irrecoverable costs and aggravation, they have not won anything at all.

· It imposes a binding solution based on legal liability where
inevitably one party or the other is likely to be dissatisfied, since the
process is designed to attribute blame.

· The expense and costs regime may make even the winner dissatisfied.

· It removes control of the dispute from parties, first by vesting it in
the lawyers and then in the court’s administration and management system.

· It addresses issues in a purely legal context, in the public eye, with
foxed pre-determined remedies that you either obtain or fail to obtain.

· It is slow, expensive and more often than not destroys relationship as
a result of the victor- vanquished mentality.

· In contrast Mediation is an informal, very flexible procedure with no
imposed solutions and looks forward in time from where the parties are at
presently.

Footnotes:*
Standing Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door
Courthouse Law (LMDC) 2007* The LMDC Practice Direction on Mediation Procedure*
The Multi Door Courthouse Code of Ethics for Mediators* Guidelines For
Enforcement Procedure *Guidelines for Court referrals to Alternative Dispute
Resolution *Principles of Alternative Dispute Resolution by Stephen J.Ware
*Effective Mediation Advocacy by Andrew Goodman *

For more tips on Mediation –

Follow
us on Facebook Page: fb.me/dmediationlawyeristng

Instagram:
http://www.instagram.com/DmediationLawyerist

Fighting Tax Evasion & Avoidance | Theophilus Olufemi

by Legalnaija | Aug 22, 2017 | Uncategorized

The Federal
Inland Revenue Service (FIRS) has again taken a step towards containing tax
avoidance and evasion in Nigeria. The agency signed two major multilateral
agreements to join 71 other countries to fight tax evasion.

On behalf of the
FIRS, Mr. Tunde Fowler has signed a multilateral convention to implement Tax
Treaty Related Measures to Prevent Base Erosion and Profit Shifting and the
Common Reporting Standard Multilateral Competent Authority Agreement. This
agreement was signed in Paris with the Head Global Relations and Development
Division of the organisation for Economic Cooperation and Development.

These agreements
would avail the FIRS with the “automatic exchange of tax and financial
information among 101 tax jurisdictions and enhance the ability of countries to
contain tax avoidance and evasion.”

It will also help
the countries to share financial data.

The MLI is a
legal instrument designed to prevent Base Erosion and Profit Shifting by
multinational enterprises.

It allows
jurisdictions to transpose results from the OECD/G20 BEPS project, including
minimum standards to implement in tax treaties to prevent treaty abuse and
“treaty shopping”, into their existing networks of bilateral tax treaties in a
quick and efficient manner.

The CRS MCAA is a
multilateral competent authority agreement based on Article 6 of the
Multilateral Convention on Mutual Administrative Assistance in Tax Matters,
which aims to implement the automatic exchange of financial account information
pursuant to the OECD/G20 Common Reporting Standard and to deliver the automatic
exchange of CRS information between 101 jurisdictions by 2018.

Theophilus
Olufemi

Senior Tax Advisor at TAC Professional
Services

Ed’s Note – This article was first
published here

Photo Credit – Here

The Types Of Cases That Can Be Referred To Mediation

by Legalnaija | Aug 21, 2017 | Uncategorized

Mediation can be utilized in resolving a
wide range of disputes including but not limited to the following;

·
Banking
and Insurance related disputes

·
Commercial
/Local dispute resolution

·
Landlord
and Tenant matters

·
Property
disputes

·
Debt
recoveries

·
Libel
and slander

·
Administration
of Estate

·
Employment
and Trade Disputes

·
Construction
disputes

·
Accident
and tort

·
Medical
negligence

·
Contracts
enforcement

·
Family
disputes including marital disputes, child custody etc

·
Succession
disputes

·
Small
claims etc.

THE LAWYER’S ROLE AND RESPONSIBILITY
IN MEDIATION

The lawyers represent their clients as MEDIATION ADVOCATES and drive the
settlement initiative. He is obligated to assist clients in evaluating and preparing
settlement options. If no settlement is reached, then the cases can either be
referred to Arbitration or taken to court.

Footnotes:*
Standing Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door
Courthouse Law (LMDC) 2007* The LMDC Practice Direction on Mediation Procedure*
The Multi Door Courthouse Code of Ethics for Mediators* Guidelines For
Enforcement Procedure *Guidelines for Court referrals to Alternative Dispute
Resolution *Principles of Alternative Dispute Resolution by Stephen J.Ware
*Effective Mediation Advocacy by Andrew Goodman.*

For more on mediation

Follow
us on Facebook Page: fb.me/dmediationlawyeristng

Instagram:
http://www.instagram.com/DmediationLawyerist

Photo Credit- www.lynchdallas.com