by Legalnaija | Jun 3, 2024 | Blawg
The National Assembly is established under Section 4 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered). It is vested with the Legislative powers of the Federal Republic of Nigeria, and it shall have power to make laws for the peace, order and good governance of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part 1 of the Second Schedule of the Constitution.
Some of the items in this List, under the Second Schedule, Part 1, include: Arms, Aviation, Currency, Drugs and Poisons, Mines and Minerals, Passports and Visas, Posts, Telegraphs and Telephones, Prisons, Railways, Ammunition and Explosives, Bankruptcy, Banks, Citizenship, Copyright, Patents and Trade Marks, Creation of States, Customs and Excise Duties, Defence and Military, Immigration, Insurance, Labour, Trade or Business Names, Powers of the National Assembly and the Privileges and Immunities of its Members, Regulation of Political Parties. We shall revisit this again, but my dear reader, please pause here and search for “National Anthem” in the Constitution.
For a moment, let us set some background for context. Over the past week, Nigerians have been discussing the National Anthem Act, 2024. An “Act to Provide for the National Anthem of Nigeria, and for Matters Related,” which was passed by the National Assembly and Assented to by the President on 29th May, 2024. For clarification purposes, I am not writing against the National Anthem Act, 2024. I am only challenging the legislative power and processes that brought it about.
At the chambers of the House of Representatives, the law maker who sponsored the Bill remarked, “I have taken time to look at the old anthem and the new, and as a Nigerian who has been involved in the struggle to make Nigeria a better place … I believe that the old anthem, encompasses, contains, exudes the kind of energy, resourcefulness, and a sense of vision that I believe is good for Nigeria,”. In a rethought, a minority lawmaker reportedly asked “While it is our function to make laws, but for every law there must be a spirit to it. If we are asked, what is the essence of this law. What value will it add to us as a nation?
Nevertheless, it is equally reported that President Bola Tinubu had in the past advocated the adoption of the old National Anthem in place of the current anthem. He is quoted to have said “Abandoning the post-independence anthem, which arguably evoked a strong spirit of patriotism and brotherliness, to compose a very drab replacement, is far less inspirational,” at a function in 2011. Perhaps, it is now apparent the work on reintroducing the National Anthem “Nigeria We Hail Thee” was accelerated, and aimed at satisfying the wishes of the President, using it to celebrate his first year in office. So, the speculation that the 10th National Assembly is at the President’s beck and call is materializing?
The paragraph above could be the answer to why there was no due diligence, no adherence to laydown legislative processes, and lack of proper scrutiny in the passage and assent to the law. This is happening at a time when the President, the Vice-President and the Chief of Staff to the President have legislative experiences. One is concerned that the Honourable Attorney General of the Federation who is supposed to guide the federal government in this regard has acquiesced without paying attention to the obvious Constitutional breach and its far-reaching implications.
For something that is meant to be a national symbol, why the urgency? No nationwide consultation to galvanize national consciousness? No public hearing! For the 10th National Assembly that prefers to call itself “the Peoples Parliament”, not minding the misnomer and the inappropriate usage of parliament, why sidestep the people concerned at this crucial episode in history?
The Act makes it mandatory for the anthem to be recited at some of the following events: Opening and closing ceremonies of Federal Executive Council, and State Executives Council meetings. Opening and closing of sittings of Legislative Houses in Nigeria, Constitutional oath-swearing ceremonies, Flag-raising ceremonies, Major celebrations, major award ceremonies, major commemorative ceremonies, national memorial ceremonies and the like, which are organized by MDAs, Major diplomatic activities, Major sporting events, Other occasions as may from time to time, be determined by the minister responsible for education with the consent of the president. Furthermore, clause four forbids the alteration of the lyrics of the anthem.
It is declared under clause 4 that “The Performance and singing of the national anthem shall follow the lyrics prescribed by the Federal Government of Nigeria,”. It equally mandates that “the Ministry responsible for information shall organise the review and approval of the standard for performance of the national anthem and record the official recording of the national anthem to be played. These are not new to Nigerians! It appears we now have a National Assembly that wants to collectively give a literary display of the meaning of the expression playing to the gallery. But the gallery is not amusing at all this time!
Now, let me re-emphasis the import of the title to this piece. The National Assembly lacks the Constitutional power to legislate on the National Anthem of Nigeria. I hope by now my dear reader has thoroughly searched through the Second Schedule, Part 1, the Exclusive Legislative List. Did you see “National Anthem” in the list? Is there any item, any other wording near “Anthem” in meaning? Such is not provided for in the Constitution. Should it be seen as a Constitutional lacuna, is it not correct that an alteration of the Constitution would be required in the first instance before any such power to so act is exercised? In effect, there is no other place from where the National Assembly could have drawn power to enact the National Anthem Act 2024. You cannot give what you don’t have, and you cannot lay something on nothing and expect it to stand!
From the foregoing it is safe to say the National Anthem Act, 2024 is unconstitutional, simply because the constitution has not provided for it. However, section 24 (a) of the Constitution states “It shall be the duty of every citizen to – (a) abide by this Constitution, respect its ideals and its institutions, the National Flag, the National Anthem, the National Pledge, and legitimate authorities. I stressed the phrase “National Anthem” because that is the only place one could find such in the entire document containing the Constitution. It is a duty imposed on the citizens, but there is no provision on how the anthem may be issued.
Assuming the National Assembly is vested with the power to act here, it breached its legislative processes in doing so. Already, some citizens have declared opposition to the reintroduced anthem. A group known as the Association of Legislative Drafting and Advocacy Practitioners, (ALDRAP) has indicated interest in approaching to Federal High Court to challenge the Act, citing among others, that “The expenditures associated with the National Anthem Act, 2024 (which was done on 29th May 2024 and on other dates) were not captured in the Budget of the Federal Republic of Nigeria Act, 2024 (as can be attested to by the Accountant-General of the Federation) and therefore the said National Anthem Act, 2024, should be declared illegal.” It added that going by Supreme Court decision in Attorney-General of Bendel State vs. Attorney-General of the Federation (1981) “any law that fails to comply with each stage of the legislative procedures of law-making as prescribed under the 1999 Nigerian Constitution, would be declared null and void and of no effect.”
I hereby submit that it is not the duty of the National Assembly to make any law on the National Anthem. The right thing to do now is that the federal government should consult the records of history on how the previous anthems were composed, adopted and used as the National Anthems. There is no record it was ever made through the Legislature, except in 2024!
*Chukwuma Cosmas Onyekwelu is the founder of Wunderbar Global Legal Practice. He is accessible on e-mail: conyekwelu@nigerianbar.ng, and on mobile: 08088626300.
by Legalnaija | Jun 3, 2024 | Blawg
The Partners of Duale, Ovia & Alex-Adedipe are pleased to announce the admission of Omowunmi Sanni into the Firm’s Partnership. Omowunmi will head the Corporate Secretarial and Governance Practice, with effect from June 3rd, 2024.
Omowunmi Sanni brings about 2 decades of extensive legal experience to DOA. Before joining DOA, she served as the Managing Director of Chris Ogunbanjo Nominees Limited, a part of Chris Ogunbanjo LP, where she led the Company Secretarial and Corporate Governance unit since January 2018. In this role, she was pivotal in driving strategic initiatives and enhancing governance frameworks, showcasing her proficiency in managing complex legal matters.
Her career also includes a notable period of almost a decade at Babalakin & Co., and Head of Legal and Corporate Services at Origin Tech Group Nigeria, where she formulated and executed comprehensive legal strategies to ensure meticulous compliance with corporate governance standards.
Duale, Ovia & Alex-Adedipe continues to stand out as a leading law firm in Nigeria, offering innovative and client-focused legal services across various sectors. The firm’s dedication to integrity, responsiveness, and excellence remains at the forefront of its operations, ensuring that clients receive top-tier legal support tailored to their business needs. (more…)
by Legalnaija | Jun 2, 2024 | Blawg
The #NBALagosLawWeek24 is here and here is a list of activities you should be aware of.
The highly anticipated Nigeria Bar Association Lagos 2024 Law Week is upon us and it promises to be a week filled with learning, fun, and collaboration.
This year’s theme is Charting New Legal Frontiers: Practice of Law in Nigeria, Cross Border Alliance & Partnerships.”
The event is scheduled to take place from Monday, 10th June 2024 to Saturday, 15th June 2024 at Harbour Point Hall, 4 Wilmot Point Road, Victoria Island, Lagos, Nigeria.
Kicking off on Monday 10th June 2024 the Law Week will feature a keynote address by Segun Osuntokun, a distinguished lawyer in the UK and Global Senior Partner at Bryan Cave Leighton Paisner (BCLP).
Plenary sessions will hold on Monday, 10th June and Tuesday 11th June 2024 at Harbour Point Hall from 8am -5pm with remarkable lineup of speakers.
To ensure a well-rounded experience, the week will include social activities which are as follows:
Democracy Day Walk /Chairty Visit/ Law Clinic on Wednesday, 12th June 2024 – Dont miss the Democracy Day Walk, Visit to a Charity home, and a Law Clinic starting at 7 am.
Elders Night will equally take place on Wednesday, 12th June 2024 by 5pm while the Young Lawyers will unwind with a movies night at Terra Kulture also at 5pm.
Bar & Bench Day – Dont miss the Bar & Bench Day slated for Thursday, 13th June 2024 at Harbour Point Hall by 9 am, followed by the Chief Judges Cocktail at 5 pm.
New Wigs/Young Lawyers Program – This will hold on Friday, 14th June 2024 by 8am to 2:30pm leading to the most anticipated closing party at 7pm at Harbour Point Hall.
Don’t miss out on the Novelty March holding on Saturday, 15th June 2024 by 8am to 11am followed by a Family Fun Day at Muri Okunola Park starting at 10 am.
This is a week you won’t want to miss!
Please register for the Law Week using the links below:
For Members
https://bit.ly/branchmembers
For Non-Members
https://bit.ly/Nonlagosmembers
For sponsorship and enquiries, please contact Harold Uku on +234 803 292 8072
DEMOCRACY DAY WALK 🇳🇬 🚶♀️ 🚶♂️
The Democracy Day Walk is part of the activities for the NBA Lagos Law Week, and it entails walking together to promote networking, awareness on mental health and wellness, and it serves as a means of exercising too!!
This walk is more than a stroll, it’s a statement to celebrate the power of our voices and the strength of our unity so come out for the democracy day walk as we honor our past and march towards a brighter tomorrow.
Let’s walk together for Nigeria. Your presence matters!
There’ll be free medical checkup services available that day, so you do not want to miss it.
DATE: Wednesday, 12th June 2024
TIME: 7: 00 am
VENUE: From Court of Appeal Igbosere to Falomo
PRISON VISIT
Join us for a prison visit dedicated to service and justice !!
One of the activities for the NBA Lagos Law week involves offering free legal services to inmates in need, ensuring they have access to the representation they deserve.
Join us as we assist in bringing hope and change to those who need it most.
To participate in this visit, please contact,
+234 803 394 0802
Esther Jimoh
Vice Chairman, NBA Lagos Branch
Chairperson, Human Rights Committee, NBA Lagos Branch
DATE: Wednesday, 12 June 2024.
VENUE: Ikoyi Prison
TIME: 9.30 am
Don’t be left out! To register, visit:
https://bit.ly/branchmembers (for members)
https://bit.ly/Nonlagosmembers (for non-members)
Create your personalised dp and tell your network of colleagues and friends that you will be attending the NBA Lagos Law Week 2024 at https://getdp.co/NBALagosLawWeek
ELDER’S NIGHT!!! 🪩
NBA Lagos Law week 2024 is indeed a week for learning sprinkled with bits of fun!!!
In a bid to ensure everyone has a lovely time during the week, we’ll be having an elders night where Law meets good food and thrilling music. 💃 🕺
DATE: Wednesday, 12th June 2024.
TIME: 5pm
ELDER’S NIGHT IS STRICTLY BY INVITATION
Formal invite will be sent to senior members of the Branch. Mark your calendars.
by Legalnaija | May 28, 2024 | Blawg
The highly anticipated Nigeria Bar Association Lagos 2024 Law Week is upon us and it promises to be a week filled with learning, fun, and collaboration.
This year’s theme is Charting New Legal Frontiers: Practice of Law in Nigeria, Cross Border Alliance & Partnerships.”
The event is scheduled to take place from Monday, 10th June 2024 to Saturday, 15th June 2024 at Harbour Point Hall, 4 Wilmot Point Road, Victoria Island, Lagos, Nigeria.
Kicking off on Monday 10th June 2024 the Law Week will feature a keynote address by Segun Osuntokun, a distinguished lawyer in the UK and Global Senior Partner at Bryan Cave Leighton Paisner (BCLP).
Plenary sessions will hold on Monday, 10th June and Tuesday 11th June 2024 at Harbour Point Hall from 8am -5pm with remarkable lineup of speakers.
To ensure a well-rounded experience, the week will include social activities which are as follows:
Democracy Day Walk /Chairty Visit/ Law Clinic on Wednesday, 12th June 2024 – Dont miss the Democracy Day Walk, Visit to a Charity home, and a Law Clinic starting at 7 am.
Elders Night will equally take place on Wednesday, 12th June 2024 by 5pm while the Young Lawyers will unwind with a movies night at Terra Kulture also at 5pm.
Bar & Bench Day – Dont miss the Bar & Bench Day slated for Thursday, 13th June 2024 at Harbour Point Hall by 9 am, followed by the Chief Judges Cocktail at 5 pm.
New Wigs/Young Lawyers Program – This will hold on Friday, 14th June 2024 by 8am to 2:30pm leading to the most anticipated closing party at 7pm at Harbour Point Hall.
Don’t miss out on the Novelty March holding on Saturday, 15th June 2024 by 8am to 11am followed by a Family Fun Day at Muri Okunola Park starting at 10 am.
This is a week you won’t want to miss!
Please register for the Law Week using the links below:
For Members
https://bit.ly/branchmembers
For Non-Members
https://bit.ly/Nonlagosmembers
For sponsorship and enquiries, please contact Harold Uku on +234 803 292 8072
by Legalnaija | May 27, 2024 | Uncategorized
The advanced certificate course in international law is co-organized by the Nigerian Institute for Advanced Legal Studies (NIALS) and the International Law Association (ILA).
Given the importance of international law to national development, it is essential for key stakeholders in government, private practice, academia, and students to understand key multilateral agreements that, through their effective implementation, can accelerate sustainable development, specifically on issues related to foreign direct investments, regional economic integration, human rights, peace and security, climate change and environmental protection, management of new technologies, and alternative dispute resolution, amongst others.
The ultimate objective of this course is to expose participants to the specialised knowledge and skillsets required in the practice of international law and diplomacy. The course provides an in-depth examination of the core sources and principles of international law, the practical challenges that limit their effective design and implementation, especially in the context of developing economies, as well as the innovative approaches and skillsets required to negotiate win-win international instruments in an increasingly globalized world. The course will also address hot topics and trends that are particularly important for Nigeria, including the transfer of technology, the role of public-private partnerships in key economic sectors, business and human rights, and corporate social responsibility.
The one-week course is composed of nine 4-hour sessions. The first eight sessions (Monday–Thursday) focus on the legal frameworks and hot topics in international law and the settlement of disputes. In the last session (Friday morning), participants will be divided into groups and assigned a hypothetical case in international law to negotiate. and discuss
Who should attend?
• Lawyers in private practice
• Legal academics
• Government officials
• Members of the judiciary
• Non-lawyer experts in commercial, industrial, and financial sectors
• Representatives of organizations such as shipping companies, chambers of commerce, and arbitration bodies
• Anyone Interested in International Law
Certificates shall be awarded at the end of the course.
To register follow this link https://lnkd.in/dNJaDptk
by Legalnaija | May 23, 2024 | Uncategorized
SUIT NO. IKD/10199HD/2022: ADIO vs. ADIO: ORDER FOR SUBSTITUTED SERVICE
by Legalnaija | May 21, 2024 | Court
Introduction
In recent times, there are growing debates as to whether a lawyer can depose to an affidavit for and on behalf of his client in a case he is handling. While some contend that a lawyer is forbidden from making depositions on behalf of his client, others are of the view that a lawyer, being a person familiar with the facts and circumstances of a case, could as well depose to an affidavit especially where the issues in controversy are contentious. But, what does the law really say?
Section 109 of the Evidence (Amendment) Act, 2023 provides that “any affidavit sworn before any judge, officer or other person duly authorized to take affidavits in Nigeria, whether in person or through audio visual means may be used in the Court in all cases where affidavits are admissible.” Similarly, Section 115(1) of the Evidence Act, 2011 provides that every affidavit used in the court shall contain only a statement of facts and circumstances to which the witness deposes, either of his own personal knowledge or from information which he believes to be true.
However, Rule 20 of the Rules of Professional Conducts (RPC) for Legal Practitioners, 2007 provides that a lawyer shall not accept to act in any contemplated or pending litigation where he knows or ought to reasonably know that he or a lawyer in his firm may be called or ought to be called as a witness. This is in spite of the clear provision of Section 175 of the Evidence Act, 2011 that declares all persons, competent to testify or give evidence in Court.
The rule in Akinlade v INEC
In Akinlade and Anor. V INEC &Ors. (2020) 17 NWLR 439 at 537, the Appellant’s counter-affidavit to a Motion on Notice filed by the 2nd Respondent was deposed to by one “Mubarak Imam” who was a legal practitioner in the law firm of Ahmed Raji & Co, counsel to the Appellant. The Supreme Court discountenanced the said counter-affidavit on the basis that it offended Rule 20 of RPC, 2017.
The Court of Appeal recently followed Akinlade v INEC in the case of Mr Nimideinbofa Matthew & Ors v Chevron (Nig.) Limited (2023) LPELR-59523(CA). In that case, it was held that “both the affidavit and the counter-affidavit relied upon by the parties on both sides were deposed to by legal practitioners who should not have done so, it is my view that there is no value to be placed on the affidavit or counter affidavit placed before this Court in the application argued. There was mutual, symbiotic and/or infectious abuse of the process of this Court by the parties on both sides”. In short, the affidavits in the case were discountenanced on the basis that they were deposed by lawyers representing the parties when the issue in controversy was contentious.
Nwite v PDP: The New Perspectives
Interestingly, in the case of Nwite v PDP (2023) 7 NWLR (pt. 1883) 357, counsel to the 3rd Respondent deposed to an affidavit at the trial court and same was held competent and admissible. The Appellant contested the admissibility of the affidavit by the trial court despite the ‘settled’ position of law in Akinlade v INEC. Curiously, the Supreme Court held that the Rules of Professional Conduct (RPC) do not render evidence given or deposed to by a legal practitioner in a client’s case inadmissible in the proceedings of Court. The Apex Court further held that they merely render such legal practitioner liable for professional misconduct, in contravention of the Rules. Indeed, this appears to be a clear departure from the celebrated case of Akinlade v INEC even though the Apex Court did not expressly reverse itself.
Order on the Lawyers Bookstore
The Law Lords of the Apex Court cannot be more correct in Nwite v PDP. By Rule 55 of the RPC, any perceived contravention of the rules is merely a professional misconduct that exposes the lawyer to punishment under the Legal Practitioners Act, 1975. Clearly, invalidating the affidavit cannot by any stretch of imagination be included as punishment when no law or rule provides for such. From this most recent decision in Nwite v PDP, it can be safely said that though it is not desirable for counsel to double as witness in a matter in which he is handling in Court, nothing in the RPC or the Evidence Act suggests that in the event of contravention, the affidavit should be rendered invalid or discountenanced. This naturally flows from the age-long principle recognized by our system of administration of justice that mistakes or even blunders of counsel may occur from time to time but it is wrong to deny a litigant the right to have his case decided on its merits because of the blunder, mistake, or, negligence of his counsel. See: Collins v. Vestry of Paddington (1880) 5 Q.B.D. 380, p. 381; Adeleke v. Awoliyi & Ors (1962) 1 SCNLR 401; (1962) 1 All NLR 260, p. 262; Ojikutu v. Odeh (1954) 14 W.A.C.A. 640
That said, it is also necessary to consider this issue in the context of some proceedings generally conducted and dispensed with by affidavit evidence, particularly garnishee proceedings. Generally, garnishees are mere custodians of funds belonging to the judgment debtor and as such, the brunt of the responsibility of the Judgment debtors should not be shifted or passed to the garnishees. The relationship is not one of Agent and Principal. It will therefore be unfair, unjust and inequitable to adopt an interpretation of the law in Mr Nimideinbofa Matthew & Ors v Chevron (Nig.) Limited (2023) LPELR-59523(CA) which invariably haunts the interest of garnishees.
Whilst the garnishees may have to review their processes to ensure that they are not caught in the web of needless and distracting appeals which can be prevented by simply filing affidavits deposed to by staff of the garnishees, we must note that insisting on the rule in Akinlade v INEC creates unnecessary bottlenecks in the businesses of garnishees. How do we address situations where the Service Manager who should be attending to Customers at a Branch of a Bank is now a frequent visitor of the Court Registry to depose to affidavits to show cause? The delays in customer service and conflict of job description will invariably affect business interest.
Conclusion
In the final analysis, the Evidence Act clearly allows anyone to depose to an affidavit of facts obtained, either of his own personal knowledge or from information which he believes to be true. Similarly, Section 87 of the Sheriffs and Civil Processes Act (SCPA) provides that “if the garnishee appears and disputes his liability, the Court, instead of making an Order that execution shall issue, may order that any issue or question necessary for determining his liability be tried or determined in any manner in which any issue or question in any proceedings may be tried or determined, or may refer the matter to a referee.
It is therefore submitted that the Courts must always be perceived to have done justice in every case by adopting the provision of Section 87 of the SCPA which provides for ordering the presence of the garnishee staff to aid the Court in the dispensation of justice. Where the affidavits are contentious in regular suits and proceedings, the position of the Supreme Court in Nwite v PDP should be adopted. The affidavit remains admissible and at best only raises issues of professional misconduct against the Counsel deponent.
Dunjoyin Adegboye is a Legal Officer at Keystone Bank Limited and Festus Ogun is a Dispute Resolution Lawyer at FOLEGAL, Lagos.
by Legalnaija | May 15, 2024 | Blawg
Art law encompasses various legal aspects related to creating, selling, and safeguarding art and cultural heritage. For artists, collectors, dealers, and other participants in the art world, understanding key contractual issues in Art Law is crucial and essential. Contracts play a pivotal role in the art world. They govern terms of sale, transfer of ownership, and the rights and obligations of parties involved.
A contract is a legally binding agreement between two or more parties that establishes the rights and obligations of each party involved. In the art industry, contracts play a crucial role in outlining the terms and conditions of various transactions, collaborations, and agreements. Contracts in the art industry cover a wide range of scenarios, such as the sale of artworks, commissioning of works, licensing of art, exhibition arrangements, and more.
Why Are Contracts Important When Dealing With Art
Contracts are essential in the art industry for several reasons:
Clarity: Contracts provide clear terms that both parties agree to, reducing the potential for misunderstandings and disputes. Clarity is important, for instance galleries and artists who enter into an exhibition agreement must be clear of what the terms are.
Protection: Contracts protect the interests of artists, collectors, galleries, and other stakeholders by outlining rights, responsibilities, and expectations. When parties enter into contracts, the rights and obligations of each party are clearly stated, therefore leaving no ambiguity.
Legal Enforceability: A well-drafted contract is legally binding and can be enforced in court if one party fails to fulfill their obligations.
Risk Management: Contracts can help mitigate risks by addressing issues such as intellectual property rights, payment terms, delivery timelines, and liability.
Professionalism: Using contracts demonstrates professionalism and seriousness in business dealings within the art industry.
Different types of contracts in the Art Industry
There are various types of contracts that artists, collectors, galleries, and other art industry stakeholders might encounter:
Sale Agreements: These outline the terms of the sale of artworks, including price, delivery, condition, and payment terms.
Commission Agreements: When an artist is commissioned to create a custom artwork, this contract specifies details such as the scope of the work, compensation, and deadlines.
Licensing Agreements: These agreements grant permission for others to use an artist’s work under specified conditions, such as reproducing an artwork for commercial purposes.
Exhibition Agreements: When an artist’s work is exhibited, the contract details the responsibilities of both the artist and the gallery or venue hosting the exhibition.
Consignment Agreements: Galleries might enter into consignment agreements with artists, specifying terms for displaying and selling artworks on behalf of the artist.
Collaboration Agreements: In cases of artistic collaboration, a contract outlines each collaborator’s contributions, rights, and responsibilities.
Contractual Issues In Art Law
In the art industry, several contractual issues may arise. This includes
Intellectual Property: Contracts should address who retains ownership of intellectual property rights, including copyright and reproduction rights.
Payment: Contracts must clearly outline payment terms, including the total amount, due dates, and methods of payment.
Delivery and Acceptance: Contracts should specify details about the delivery of artworks, inspection, and acceptance criteria.
Dispute Resolution: Including clauses for resolving disputes, such as through arbitration or mediation, can help avoid costly legal battles.
Termination: Contracts should outline conditions under which the contract can be terminated by the parties and the consequences of termination.
It’s important to note that while contracts provide a legal framework; their effectiveness depends on their clarity, completeness, and adherence to applicable laws and regulations. When dealing with contracts in the art industry in Nigeria, it’s advisable to consult with legal professionals who are knowledgeable about both contract law and the specific nuances of the art industry in the country.
For more information on Art Law, do post a comment or send us a mail via info@aocsolicitors.com.ng
by Legalnaija | May 9, 2024 | Blawg
Nigeria’s 2024 Bid-Round: Ensure Nigeria’s Net-Zero Emission Commitment
– Tolu Aderemi
An oil and gas expert, Tolu Aderemi, has emphasized the importance of competence, capacity, and patriotism in guiding Nigeria’s 2024 oil and gas bid round, which opened on April 29, 2024.
Aderemi, a Visiting Professor at Afe Babalola University and Partner at Perchstone & Graeys, LP highlighted the significance of meeting Nigeria’s OPEC quota of 1.38 million barrels per day.
According to him, “Statistics from the fourth quarter of 2023 show Nigeria’s struggle to meet its OPEC quota, with production levels falling below the target. The OPEC Monthly Oil Market Report (MOMR) for March 2024 revealed a decline in Nigeria’s output from 1.427 million barrels per day in January to 1.322 million barrels per day in February, attributed to challenges such as crude oil theft, insecurity, asset vandalism, and sabotage.
Despite these obstacles, Aderemi, who is also the Chairman, International Law Association (ILA) Arbitration Committee,
expressed cautious optimism about the success of the 2024 bid round, citing the government’s implementation of a robust Regulatory Action Plan (RAP) and a transparent bidding timetable.
He noted that the regulator has set out a robust, realistic and transparent bidding timetable and a credible data partner and that where it (the regulator) is faithful to its own processes, the exercise will not only be successful but will deliver increased foreign exchange revenue to Nigeria, improved job creation and create a robust and vibrant market with new technologies and infrastructural development.
“It is also bound to birth greater opportunities for indigenous players.
As the bid round progresses, Aderemi stressed the importance of bidders’ commitment to Nigeria’s net-zero emission target. He also raised concerns about market exits following the passage of the Petroleum Industry Act in 2021, urging the government to attract competent investors while ensuring transparency and sustainability in the sector,” he stressed.
However, Aderemi warned against potential pitfalls in the bid round, including forced mergers of bidders, allegations of favoritism, unrealistic signature bonuses, and inflated asset values, which could result in failure if not addressed.
In his final analysis, whilst Mr Aderemi praised government’s initiative and doggedness to consistently stimulate the Nigerian oil & gas market with robust and friendly legal and regulatory framework and urged the world to look at the new Nigeria and its market landscape under the President Bola Ahmed Tinubu’s business-friendly administration.
by Legalnaija | May 8, 2024 | Uncategorized
Lagos, Nigeria – The Nigerian Bar Association, Section on Business Law (NBA/SBL) is excited to announce the opening of registration for its highly anticipated 18th Annual Law Conference. Legal professionals are invited to register starting May 1st, marking the commencement of what promises to be another transformative event in the legal community.
Scheduled to take place from from the 26th to the 28th of June, 2024 at the Abuja Continental, Federal Capital Territory, Abuja, the NBA/SBL 18th Annual Law Conference themed survive and THRIVE is focused on discussions around emerging trend, insights, and innovative strategies for navigating and shaping the future of law.
In addition to offering valuable learning and networking opportunities, the conference will feature sponsorship opportunities specifically tailored for young lawyers. Lawyers with 0 to 3 years of post-call experience, not more than 25 years of age, and have paid for their 2024 Bar Practicing Fees (BPF) and NBA-SBL dues, are eligible to apply for these sponsorships.
Registration fee for the NBA/SBL conference is as follows: Physical attendance for young lawyers with 0-7 years post-call experience who are members of the SBL are to pay the sum of N25,000 while Non-members are to pay N35,000. Practicing lawyers with more than 7 years post-call experience who belong to the SBL are to pay N50,000 while Non-members are to pay N65,000.
Virtual attendance on the flip side for young lawyers with 0-7 years post-call experience who are members of the SBL are to pay the sum of N10,000 while Non-members are to pay N15,000. Practicing lawyers with more than 7 years of experience who belong to the SBL are to pay N20,000 while Non-members are to pay N30,000. With dinner tickets slated for N20,000.
“We are thrilled to open registration for the NBA/SBL 18th Annual Law Conference and to introduce yet again sponsorship opportunities for young lawyers,” said Ose Okepu, Chair of the NBA/SBL Conference Planning Committee. “More details about these sponsorships will be shared shortly, so stay tuned for updates.”
Registration will be available exclusively through the official conference website, https://conference.nbasbl.org. Attendees can visit the website starting May 1st to secure their spot at this premier legal event. Early registration is encouraged to take advantage of special rates.
Don’t miss your chance to be a part of this transformative event. Register on May 1st and join us for an enriching experience at the NBA/SBL 18th Annual Law Conference.
For more information, please visit the NBA-SBL website at www.nbasbl.org or contact the Conference Secretariat at info@nbasbl.org. Also follow us on all social media platforms to stay updated. Please visit NBA-SBL on Instagram – @nbasbl and Twitter – @nbasblofficial.
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About the NBA SBL: The Nigerian Bar Association Section on Business Law Is committed to advancing the practice of business law within the legal community. Through conferences, publications, and educational initiatives, NBA SBL provides a platform for legal professionals to stay informed and connected.
