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Compliance Under The Corporate Immigration Regime in Nigeria

Compliance Under The Corporate Immigration Regime in Nigeria

by | Nov 23, 2016 | Uncategorized



Under the Nigerian corporate immigration regime, foreign
nationals may undertake any type of business and own 100 percent equity and
undertake any type of business in Nigeria except those in the negative list,
that is, production of arms, narcotics and related substances which are
prohibited to Nigerians and Foreign Investors alike.[1]
Only exempted foreign companies may carry on business in
Nigeria without incorporating a local entity. The application for exemption is
made to the office of the Secretary to the Federal Government.[2]
Relevant Permits –
Foreign
businesses hoping to carry out business in Nigeria must incorporate a local
entity in Nigeria with a minimum share capital of ten million naira (N10,000,000.00).
The company is required to have at least 2 shareholders (they may be
corporations or individuals) and 2 directors. 
Once
the company has been incorporated and obtained the Certificate of Incorporation,
issued by the Corporate Affairs Commission (“CAC”),
the company can then apply to the Federal Ministry of Interior (“the Ministry”) for a business permit,
which licenses the entity to carry on business in Nigeria.
Once
the Ministry has granted the business permit, the entity is then required to
apply to the Ministry for an expatriate quota. The expatriate quota enables the
company to employ foreign nationals to positions that have been approved by the
ministry which are listed out on the expatriate quota itself. It is noteworthy
that the expatriate quota which is usually granted for a period of 2 – 3 years
(subject to the discretion of the ministry), clearly states that for every
expatriate position occupied by a foreign national there must be at least 2
Nigerian nationals understudying the foreign national. It is always advisable to commence renewal
of the expatriate quota at least 4 months before the expiry date.
Relevant Visas
·       
Prospective
foreign nationals who have been employed on long term basis by companies duly
incorporated in Nigeria, usually arrive the company on a Subject to
Regularization (“STR Visa”) (the
application for the visa is usually made by the company in Nigeria to the Nigerian
Mission abroad).
Once in Nigeria the foreign national is expected to
regularize the visa within 90 days by making an application to the Nigerian
Immigration Service (“NIS”), this
process is called Regularization of Stay (“ROS”).
At the end of the of the regularization period the NIS issues the Combined
Expatriate Resident Permit and Aliens Card (CERPAC)
to the foreign national.
·       
Temporary Work
Permits (“TWP”): companies desirous
of bringing foreign individuals into Nigeria on short term basis can do so by
applying for a TWP visa. This is visa usually granted to companies desirous of
bringing foreign nationals into Nigeria for the purpose after sales installation
of machinery, maintenance services etc. The application is first made by
applying to the NIS, who issues a cablegram before the Nigerian Mission abroad
issues the visa.
·       Business Visa:
This class of visa is granted to foreign nationals entering Nigeria for the
purpose attending meetings and conferences. Visitors on this visa are expressly
prohibited from taking up any form of employment in Nigeria.
·     Under the E-pass
regime, visitors in Nigeria who are likely to overstay the duration of their
visa can apply for an extension in-country.
Local Content Laws
In
certain sectors of the Nigerian economy there are local content laws which all
companies must adhere to. The provisions of these laws range from giving
priority to Nigerian firms to encouraging locally made wares. These laws apply
mostly to the Oil and Gas as wells as the power sector.
Monthly Expatriate Quota Returns
Every
company carrying on business in Nigeria with foreign nationals in its
employment is required to file to the NIS a monthly returns of expatriate quota
positions occupied and provide such details in these returns as may be
requested by the NIS. It is noteworthy to state that the quota returns is often
used by the Internal Revenue bodies as a means of reconciling the number of
expatriate employees employed by a company over a period of time for tax
computation purposes.

Busayo Adedeji

Busayo advises clients on
corporate immigration issues, advising clients on employment and labour law
issues, ensuring that clients are in line with regulatory compliance rules,
civil litigation etc

Twitter:
@thestreetloya


[1]
Sections 17 and 31 of the Nigerian Investment and Promotion Commission Act.
[2]
Section 56 Companies and Allied Matters Act.
Hierarchy Of Courts In Nigeria- Adenike Adetifa

Hierarchy Of Courts In Nigeria- Adenike Adetifa

by | Nov 7, 2016 | Uncategorized


 “A party is entitled as of right to the
consideration of his case before the court”.
  • HIS LORSHIP KARIBI-WHYTE, JSC IN
    NWOKORO V ONUMA (1990) 3 NWLR PART 136 P.22
INTRODUCTION
Courts are recognized and
renowned as the hallowed chambers of justice, where even-handed justice is
meted out to all and sundry, without sentiment, emotion, favoritism or being
unnecessarily embroiled in crass legalism. They are not only courts of law but
courts of equity. As discussed in an earlier post, a party is entitled to fair
hearing before a court and where there is a breach of the rule of fair hearing
as guaranteed by the 1999 Constitution (As Amended), the whole proceedings
automatically become vitiated with a basic and fundamental irregularity, which
renders such proceedings null and void. The test of fair hearing is the
impression of a reasonable person who was present at the trial- whether from
his observation, justice has been done in the case.
In Nigeria, the 1999
Constitution (As Amended) divides the structure of government into three arms –
the legislative; the executive and the judiciary. By the provision of Section 6
of the 1999 Constitution (As Amended), judicial powers are vested in the
courts. Courts are authorized by law to exercise jurisdiction at first instance
and on appeals on all actions and proceedings relating to matters between
persons, or between government or authority and any person in Nigeria to
determine any question as to the civil rights and obligations of that person.
It is in line with this that we will be considering in this article, the issues
of hierarchy and jurisdiction of courts in Nigeria.
1.    
THE SUPREME COURT OF NIGERIA
The Supreme Court of
Nigeria which is the apex court in Nigeria was established in 1963 following
the proclamation of the Federal Republic of Nigeria and the then 1960
Constitution which came into operation on October 1, 1963, following the
abolition of Section 120 which abrogated the appellate jurisdiction of the
judicial committee of the Privy Council which was Nigeria’s apex court.
The Court is now provided
for in Section 230 of the 1999 Constitution (As Amended) and by this provision,
the court consists of the Chief  Justice of Nigeria and not more than
21(Twenty One) judges at all times. The court’s decision on any matter is final
and binding on all other courts in Nigeria without any form of appeal to any
other body or person. This of course is without prejudice to the powers of the
President or the Governor of a State with respect to prerogative of mercy for
any person convicted of an offence under any law in Nigeria. Likewise, the
decision of the Supreme Court may be nullified by legislation and more
importantly, the Supreme Court can overrule itself.
The Supreme Court which is
presently situated in Abuja, Nigeria has original jurisdiction to the exclusion
of any other court in certain disputes. The term “original jurisdiction” means
it is the court of first instance and been the apex court in the country, it
consequentially means no appeal can be heard in respect of those matters before
another court in Nigeria. These matters includes: any dispute between the
Federation and a State or between States if and in as far as that dispute
involve any question (whether of law or fact) on which the existence or extent
of a legal right depends. The Supreme Court does not have original jurisdiction
on any criminal matter and finally, it has jurisdiction to the exclusion of any
other court in Nigeria to hear and determine any appeal from the Court of Appeal.
2.    
THE COURT OF APPEAL
The Nigerian Court of
Appeal is the next court in the hierarchy of courts in Nigeria. Unlike the
Supreme Court which is situated only in Abuja, the Court of Appeal is divided
into different judicial divisions and sits in certain states in Nigeria. It is
established by Section 237 of the 1999 Constitution (As Amended), headed by the
President of the Court of Appeal and consists of not less than 49(forty-nine)
judges at all times. The court has original jurisdiction to the exclusion of
all other courts in Nigeria to hear and determine any question as to whether –
any person has been validly elected to the office of the President or
Vice-President, Governor or Deputy Governor in Nigeria; appeals from the
Federal High Court, the High Court of the Federal Capital Territory, Abuja,
High Court of a State, Sharia Court of Appeal of the Federal Capital Territory,
Abuja, Sharia Court of Appeal of a State, Customary Court of Appeal of a State,
Court Martial and any other Tribunal.
Just like the finality of
decisions in Supreme Court, the Court of Appeal also enjoys the finality of
decisions on appeals lying to it from the decisions of the National and State
Houses of Assembly election petitions and also appeal arising from any civil
jurisdiction of the National Industrial Court.
3.    
THE FEDERAL HIGH COURT
Like the Court of Appeal,
the Federal High Court is divided into different judicial divisions for
administrative convenience and sits in more than 15(fifteen) states in Nigeria.
Section 249 of the 1999 Constitution (As Amended) provides for the
establishment of the Federal High Court. The Federal High Court is headed by a
Chief Judge and consists of such number of Judges as may be prescribed by an
Act of the National Assembly but is duly constituted if it consists of at least
one Judge of the court. The Court has exclusive jurisdiction in civil cases and
matters as set out under Section 251 (1) of the 1999 Constitution (As Amended).
It is important to note
that the Federal High Court also has appellate jurisdiction and all the powers
of the High Court of a State. The court shares concurrent jurisdiction with the
State High Court in matters relating to banker-customer relationship,
interpretation or application of the constitution and fundamental human rights
enforcement cases.
4.    
THE HIGH COURT OF THE FEDERAL CAPITAL
TERRITORY (FCT)/ STATE HIGH COURT
 There is a High Court of
the Federal Capital Territory, Abuja which caters for the FCT and High Court of
a State. Section 255 of the 1999 Constitution (As Amended) provides for the
establishment of a High Court of the Federal Capital Territory, Abuja while
Section 270 provides for the establishment of a High Court for each State of
the Federation. The High Court of the Federal Capital Territory and the State High
Court individually is headed by the Chief Judge and consist of such number of
Judges as may be prescribed by an Act of National Assembly (in respect of the
High Court of the Federal Capital Territory, Abuja) or the State House of
Assembly (in respect of the High Court of a State). A High Court has the widest
jurisdiction under the 1999 Constitution (As Amended) in civil and criminal
matters and has appellate jurisdiction over decisions of Magistrate Courts,
Customary Courts, Area Courts etc.
5.    
NATIONAL INDUSTRIAL COURT
The National Industrial
Court is established by Section 254A of the 1999 Constitution (As Amended),
headed by the President of the National Industrial Court and consist of such
number of Judges as may be prescribed by an Act of the National Assembly. Like
the Federal High Court, the National Industrial Court is also divided into
different judicial divisions for administrative convenience which sits in some
States in Nigeria.  The exclusive jurisdiction of the National Industrial
Court in civil causes and matters are set out in Section 254C of the 1999
Constitution and it has all the powers of the High Court of a State and an
appellate jurisdiction.
6.    
SHARIA COURT OF APPEAL
There is a Sharia Court of
Appeal for the Federal Capital Territory, Abuja which caters for the FCT and
State Sharia Court of Appeal. Section 260 of the 1999 Constitution (As Amended)
provides for a mandatory establishment of a Sharia Court of Appeal of the
Federal Capital Territory, Abuja while Section 275 provides for an optional
establishment of a Sharia Court of Appeal for any State that requires it in
Nigeria. Both courts are headed by a Grand Kadi and consist of such number of
Kadis as may be prescribed by an Act of the National Assembly for Sharia Court
of Appeal of the Federal Capital Territory, Abuja and the House of Assembly of
a State for a State Sharia Court of Appeal. Both courts exercise appellate and
supervisory jurisdiction in civil proceedings involving questions of Islamic
personal law.
7.    
CUSTOMARY COURT OF APPEAL
Like the Sharia Court of
Appeal, there is a Customary Court of Appeal of the Federal Capital Territory,
Abuja and a Court of Appeal of a State. The Customary Court of Appeal of the
Federal Capital Territory is established by Section 265 of the 1999
Constitution (As Amended) and caters for the FCT while Section 280 provides for
the optional establishment of a Customary Court of Appeal for any State that
requires it in Nigeria. Both courts are headed by President of the Customary
Court of Appeal and consists of such number of Judges as may be prescribed by
the National Assembly for the Federal Capital Territory, Abuja and the House of
Assembly for any State that requires it. Both courts exercise appellate and
supervisory jurisdiction in civil proceedings involving questions of customary
law.
8.    
MAGISTRATE COURTS AND DISTRICT COURTS
Although not provided for
in the 1999 Constitution (As Amended), it is established by the law of the
House of Assembly of a State. A magistrate court is a court of summary judgment
as matters are determined in this court without pleadings or briefs filed by
the parties. In the Southern part of Nigeria, they are referred to as
Magistrate courts but they are referred to as District courts in the Northern parts
of Nigeria when they sit in their civil jurisdiction. The jurisdiction of a
magistrate courts is provided for under the various magistrate court rules of
each state establishing them.
We hope this write up was
beneficial to you. We would like appreciate the effort and contribution of Mr.
Ibiyemi Ajiboye an ex-law student of University of Ibadan towards this article.
Readers of this article are welcomed to leave their questions, comments,
constructive criticism, suggestions, new ideas, and contributions in the
comment section or via our email- thelawdenike@gmail.com. We
look forward to reading your comments and contributions.
MATERIALS USED
  • 1999 Constitution of the Federal
    Republic of Nigeria (as amended).
  • Ugwa v. Lekwauwa (2010) 17 NWLR PART
    1222 P.211@ 236 para D-E
  • D.P. V K.S.I.E.C (2005) 15 NWLR PART
    948 P.230 @ 254 para H-A
  • http://supremecourt.gov.ng/About/history
  • I Efevwerhan, Principles of Civil Procedure
    in Nigeria, 2nd ed., Snaap Press Ltd, Enugu, 2013.
DISCLAIMER NOTICE:
This blog is a free education material, for your general information and
enlightenment purposes ONLY. This write up, by itself does not create a
Client/Attorney relationship between yourself and the author of this blog.
Readers are therefore advised to seek professional legal counseling to their
specific situation when they do arise. This blog is protected by Intellectual
Property Law and Regulations. It may however be shared with others parties or
person provided the writer’s Authorship is always acknowledged and this
disclaimer notice attached.
Source – THELAWDENIKE
 
Photocredit – thelawchronicle.com 
Life of a Lagos Lawyer – Milady (Episode 3)

Life of a Lagos Lawyer – Milady (Episode 3)

by | Nov 4, 2016 | Uncategorized





It all started on the day of my Call. My father was so proud that his little angel was becoming a Barrister; He had put up my Pre-Call photo as his display picture on Facebook with the tagline “Beware, my daughter is a lawyer” and invited everyone to my call-to-bar celebration party. 

It was an exciting day and the ceremony was beautiful. After studying for the bar exams like my life depended on it and spending hours in tutorials even till 2am, this was the reward for my success, the opportunity to be called into the noble legal profession. 

I felt really happy and remembered this day was possible because at the end of 1920s, which marked the beginning of the emancipation of women, the judgment in Edwards v. A.G. of Canada (1930) AC 124 was overturned by the Privy Council in a landmark decision that heralded the entrance of women into the legal profession. I was determined to stand out in the legal profession and I gave all to ensure I graduated with a first class at the university and in law school, however faith had other plans. As I graduated with a second class lower division, in both schools. However, if Gani could be such a great lawyer with a 3rd class degree, what did I have to worry about. 

Now, a couple of years down the line with considerable practice experience under my belt and a great career ahead of me, my mother daily reminds me of the one thing she believes I am lacking. Even in my sleep I can hear her words clearly in my head “When would you bring someone home, D-law?”; a name she uses when she wants to tease me, knowing it’s my dad’s new favourite pet name for me. “Don’t you want me to carry my grand-children?”; “when will you bring a husband home?” and on and on. It’s worse when she tries to play match-maker, she has forced me to meet 8 different men, children of her friends, whom she believed would have made good husbands. 

Though, for reasons beyond my control, I have never liked any. My mother likes to say I am choosy but it’s not my fault they all had something incredibly wrong with them. The 1st had a terrible mouth odour, I almost puked when he said hi; the 2nd and 3rd were mummy’s boys; the 4th had no future ambition, total NFA who asked me for 500 naira to buy recharge card on the first day we met; the 5th had baby mama drama; the 6th believed women were only meant to be in the bedroom, kitchen and the other room; the 7th was a banker with too much debt to be relaxed, and was always going on about meeting his targets; while the last who certainly was not the least was a serial dater and professional bachelor who had no plans for marriage. 

I am very beautiful and I know it, every guy around me as said it at one time or the other. But this beautiful face, flawless yellow skin and coca-cola shaped figure can be a distraction from my work. In court, lawyers are always trying to flirt with me, senior lawyers are always handing me their cards and making me promise to call. At one time, an older lawyer gave me a 5,000,000 Naira cheque and asked me to be his 2nd wife. 

It’s also very annoying when people sometimes have a wrong notion about me; they see me as not being strong enough and clients most of the time, prefer male lawyers to handle their cases including female clients for that matter. Even though I know most of the male lawyers in my firm aren’t as smart as I am. Like it’s not bad enough, some employers choose not to employ female lawyers. However, saying an outright no is better than employing me for my looks, like an employer who once asked me to sit on his laps during an interview and went on and on about how sexy my figure was and he wanted me to spend the weekend with him in his guest house on the island. 

Do I have plans to get married? Of course I do. And somehow in the middle of my crazy work schedule and limited time for myself, I will certainly find a man or my man will find me. Dad always told me that the traditional role of a woman as a child bearer, house keeper and a cook for the husband, children and larger family puts her at a great disadvantage in taking her proper position at work life, so he encourages me to make the most of my career and profession, a male dominated one if I might add.

However, I am not done reminiscing when Oga walks in looking furious, “where is the Head of Chambers? “ he says clutching what appeared to be a letter in his arms. “Why would he address such a letter to me” he shouts as he waves the paper around and eventually throws it on my table and walks back to his office still livid. 

Curiously, I reached for the letter wondering what it was about. The heading which read ‘Letter of Resignation” startled me. I knew the H.O.C was given a query the night before for closing too early at 8.30pm but no one expected him to resign. Picking the letter up once again, I begin reading – 

“Yesterday, I was served with a query for leaving the office early at 8.30pm; even though the official closing hour is 6pm every weekeday. However, I am so ashamed of my actions that I hereby resign……………”

Pls join us next weekend for another episode of “Life of a Lagos Lawyer”. An exclusive Legalnaija series.

The Communication Service Tax Bill: A Desperate Cry For Help – Emmanuel Ohiri

The Communication Service Tax Bill: A Desperate Cry For Help – Emmanuel Ohiri

by | Nov 4, 2016 | Uncategorized



1.     Introduction
On
31st August 2016, the National Bureau of Statistics of Nigeria (Bureau)
confirmed what was already in the minds of all Nigerians and the world- Nigeria
was in recession. From the Bureau’s Q2 report, Nigeria’s GDP declined to -2.06%
(year-on-year) in real terms. Rather than focus on alleviating the effect of
the recession, the National Assembly is contemplating levying taxes on communication
and internet services in Nigeria. 

This proposed tax is planned to come into
effect through the Communication Service Tax Bill (Bill) sponsored by Hon.
Saheed Akinade-Fijabi representing Ibadan North West/South West Federal
Constituency, which is currently at its second reading. The bill proposes a
seven percent (7%) tax on charges payable by a user (customer or a
subscriber) of an electronic communication service by a Telecommunication
and or Internet service providers (“Service Providers”) in Nigeria. 
2.     Overview
of the Bill
2.1   The
Chargeable Services
Section
2(4) of the Bill provides that the Communication Service Tax (CST) shall be
levied on the electronic communication services supplied by Service Providers,
including the following:
(a)   Voice
Calls;
(b)   SMS;
(c)   MMS;
(d)   Pay
per view television stations; and
(e)   Data
usage from telecommunication services providers and internet service providers.
2.2  Persons
Liable to pay the Tax and Rate
In
addition to the electronic communication service fee payable by the user, the
Service Providers are required to impose the CST being 7% of the service charge
payable for the use of the communication service.
2.3  Collection
of Taxes and its Administration
The
Federal Inland Revenue Service (FIRS) will be responsible for the general
administration of the CST including the collection and remittance to the
Federation account.
2.4  Penalties
and Interests
The
penalties for non-compliance with the provisions of the Bill are:
a)    N100, 000.00 (One Hundred Thousand Naira) to be
paid by a Service Provider who without justification fails to file returns to
the FIRS by the stipulated date and a further sum of N20,
000.00 (Twenty Thousand Naira) for each day the return is not submitted.
b)   Failure
to pay tax by the due date attracts a monthly interest of 150% (One Hundred and
Fifty Percent) of the average of the commercial banks’ lending rate, as may be
published by the Central Bank of Nigeria from time to time, payable by the
defaulting Service Provider.
The
means by which FIRS may recover a tax or penalty of any interest, which remains
unpaid after its due date, include garnishee proceedings, an order to levy
distress on the property/assets/chattels of the Service Provider. The Bill
incorporates the provisions of the Value Added Tax (Amendment) Act 2007 with
respect to objections and appeals on tax related matters.
3.     Conclusion
The
Bill imposes an additional burden on the masses by imposing taxes on the users
of the electronic communication service, rather than taking steps to alleviate
the effect of the recession on the populace. The Bill also imposes significant
compliance burden and costs on the Service Providers. It is apparent that the
National Assembly has disregarded the resultant effect of the Bill on
low-income earners and small-scale business entrepreneurs who despite the
economic situation require telecommunication and internet services in their
day-to-day activities.
Multiple
taxation already exists in the information and telecommunications industry
alongside general tax requirement of companies in Nigeria, which include but
not limited to 30% Companies Income Tax, PAYE deductions for employees, 2%
Education Tax, 1% Industrial Training Fund Payroll contribution, and most
interestingly 1% Information Technology Tax (NITDA Levy) and 5% VAT on
consumption of their services. Clearly, the introduction of 7% CST increases
the tax burden on Service Providers and consequently their customers. 
It
is without doubt that any potential foreign investor would flee at the sight of
the ever expanding list of taxes imposed on companies in Nigeria. Indeed the
CST can be seen as a desperate attempt of the government to boost its dwindling
internally generated revenue in the face of the economic meltdown currently bedeviling
the nation. As such, this Bill must not be allowed to scale through the second
reading and must be strongly opposed at its “public” hearing.
By:
Emmanuel Ohiri (TNP)
Emmanuel
Ohiri is a vibrant and dynamic young lawyer with a high level of intellectual
curiosity, passion for perfection and tactical proficiency.
Ed’s
Note – This article was originally published here.
Compensation for death in the workplace

Compensation for death in the workplace

by | Nov 3, 2016 | Uncategorized


A fatal accident at work is defined as an accident
which leads to the death of a victim. Death is usually a tragic event,
especially when it occurs in the workplace. According to the International
Labour Organisation, ILO, statistics indicate that “one worker dies every 15
seconds worldwide, 6000 workers die every day and more than two million workers
die annually as a result of work related accidents and diseases.

In Nigeria, there is a dearth of accurate
information involving fatalities arising from work injuries. One responsible
cause is the underreporting of cases by private businesses and government
agencies.  However, according to Ezenwa A.O, between 1987 and 1996, the annual case
fatality rate ranged from 0.94 per 100 injured workers in 1990 to 5.41 in 1994,
with an overall fatality rate of 2.23 per 100 injured workers. 
Of the 71 deaths, 12 (16.9%) were associated with
power-driven machinery. Ten (14.1%) deaths were associated with explosions,
while people falling accounted for nine (12.6%) of the deaths. Eleven deaths
(15.4%) occurred in the chemical/pharmaceuticals industry, nine (12.6%)
occurred in the basic metal industry and seven (9.8%) occurred in the food,
beverage and tobacco industry. There were seven (9.8%) deaths in the textile
manufacturing industry. The highest case fatality rate per injured worker
(16.6%) occurred in the coal-petroleum industry, followed by 5.9% in the wood
and wood products industry. A rate of 5.8% occurred in the non-metallic
manufacturing industry.
However, more recent studies by Nnedinma
Umeokafor, over an 11-year period (2002-2012), found that of the reported
accidents: 80% occurred at night; manufacturers of rubber products accounted
for the highest number of injuries at 53.8% and 63% for death; the total case
fatality rate was 49.5, hence a significant increase in case fatality rate compared
with the last study in 2001 by Ezenwa. Fire resulted in 53% of the deaths,
while management factors accounted for 91.3% of the remote or contributory accident
causal factors in which 90% were due to lack of training.
When death occurs in the workplace, the law
provides that compensation should be paid to the family or dependents of the
deceased worker.  This can be seen in Section
17(1) of the Employees Compensation Act, 2010. The act states that, “where
death occurs from the injury of an employee, compensation shall be paid to the
dependants of the deceased”. Section 17 also further stipulates the percentage
of the deceased’s salary which shall be paid to the dependants monthly,
depending on the existence of a widow/widower and the number of children left
behind by the deceased employee. 
In such situations, the family members or
dependants of the deceased employee may approach the employee’s employer for
the purpose of ascertaining and collecting any compensation due to them. However,
if the employer refuses to pay the said compensation, the dependants can file a
suit at the appropriate court for adjudication over the matter. 
Though the rate of work – related deaths are on a
rise, the criminal prosecutions of employers who fail to adhere to regular safety
standards and to the Occupational Safety and Health (OSH) frameworks will also
help prevent future workplace tragedies.
Adedunmade is the
Principal Partner of Adedunmade Onibokun & Co., a corporate commercial law
firm located in Lagos, Nigeria. He also publishes the Legalnaija blog, an
online platform dedicated to educating Nigerian on their legal rights and
obligations. He can be reached via dunmadeo@yahoo.com
Life of a Lagos Lawyer – End of the Month (Episode 2)

Life of a Lagos Lawyer – End of the Month (Episode 2)

by | Oct 28, 2016 | Uncategorized



Everyone in the office is
smiling, except me.  Their jubilation is expected,
being the end of the month and salaries have been paid. I always had dreams of
working in Big Law, in one of the top law firms on the Island. But I am not so
sure anymore,  getting home from work at
10.30pm to leave at 6am the next morning; coupled with my insufficient salary
of N90,000 per month, minus penalty
fees at the office, I can’t even afford a social life. 

My creditors will also be
expecting me to visit this weekend. Iya Basira and Aboki will be looking
forward to me clearing my October bill for collected provisions and noodles
with fried egg respectively. Not to mention Godwin, whom I borrowed N15,000 from to give to Linda, one girl I met
on Tinder, who had come to see me all the way from Akoka. 

My colleague receives a
text message alert and smiles. “Aww, Bae just sent me 50k, he is so sweet” she
says, before rushing away to call Bae. I don’t blame her; it’s not her fault; I
am sure Bae just received his salary to and like me, is doing the needful. She
walks up to sit on my table, still all smiles from her bank alert. “Bae is so
nice and caring, it’s hard a get a good guy now adays”, she goes on as I oblige
her with a smile. We have always been buddies and she feels comfortable telling
me stuff, like the day Oga asked her to sit on his laps, or when she and Oga
visited the client whose election petition our firm had lost a few months ago
and the client had berated Oga in not so nice words.
I don’t blame the client
either, a few hundreds of millions had crossed hands and we were feeling very
confident with our chances. On the day judgment was delivered, Oga had arranged
for champagne to be iced at the office for celebration. Imagine his countenance
after our petition was dismissed. No one dared touch the drinks when we
returned to the office, well except my good self of course. Godwin and I had
shared the bottle of Moet after watching our favourite club, Real Madrid, win
the UEFA Champions league, last season.  Man
cannot come and die. 
My colleague suddenly
jerks up and gives me her conspiracy smile. “I have big gist for you”, she
says. ‘Would you believe the life of female Lagos lawyer is not easy, work
hours never allow you to have a social life, let alone keep your man satisfied
when you finally find one”. That’s by the side anyway, what I really wanted to
say is, my sponsor asked me to follow him to Ghana for the weekend”. And what
did you say? 
She was about to respond
when my phone rang, it was Godwin. “Dlaw, please come quickly o, Landlord has
come with some thugs and they want to throw our things out”. How can Landlord
do that, he has not served us a Quit Notice, I responded, just before I run out
the door. 
My colleague however is undisturbed
as she sinks in my chair and begins to reminisce about her life as a female
lawyer in Lagos. It all started when …………..
Pls join us next weekend
for another episode of “Life of a Lagos Lawyer”. An exclusive Legalnaija series.
Sexual Harassment Law in Nigerian Universities

Sexual Harassment Law in Nigerian Universities

by | Oct 28, 2016 | Uncategorized



The Sexual Harassment in Tertiary Educational Institutions Prohibition Bill,
2016; otherwise known as the Sexual Harassment Act is a welcome development
to the body of law in Nigeria. The Bill comes to rescue students in Nigerian
educational institutions who are victims of sexual harassment from preying
lecturers, teachers and educators who use their position to sexually exploit students. 

Many lecturers have failed
students for refusing to yield to sexual demands, others who are also
uncompromising are made to spend extra semesters in the school. The University
administrations have a large portion of the blame as most are seen to be paying
lip-service to fighting sexual harassment in their institutions. Students have
been known to resort to inviting their parents and guardians to plead with such
lecturers in a bid to find personal solutions to the issue.
The Bill defines Sexual
harassment to include –
(a)Sexual intercourse
between an educator and a student where the student is below the age of 18
years or is an imbecile or of generally low mental capacity or physically
challenged. 
(b) any unwelcome sexual
attention from an educator who knows or ought reasonably to know that such
attention is unwelcome to the student; or
(c) any unwelcome implicit
or explicit behaviour, suggestions, messages or remarks of a sexual nature that
have effect of offending, intimidating or humiliating the student or a related
person in circumstances which a reasonable person having regard to all the
circumstances would have anticipated that the student or such related person
would be offended, intimidated or humiliated;
(d)any implied or
expressed promise of reward by an educator to a student
or related person for complying with a
sexually oriented request or
demand; or
(e) any implied or
expressed threat of reprisal or actual reprisal from an educator to a student
or related person for refusal to comply with a sexually oriented request or
demand.
A lecturer is said to have
an had sexual intercourse with a student when there is a penetration of a
sexual nature of the vagina or anus or mouth of the student by the penis or
mouth or finger of the educator or any instrument or toy by the educator and
for this purpose, a male student can be sexually harassed by a female educator. 
Section 3 of the Bill recognizes
the existence of a relationship of authority, dependency and trust between an
educator and a student in an institution, breach of which is unlawful. A
student who alleges sexual harassment by an educator may commence and maintain
a civil action in Court for breach of this fiduciary duty.
According to Section 4 of
the Bill, an educator shall be guilty of committing an offence of sexual harassment
against a student if he/she –
(1)
has sexual intercourse with a student who is:
  (a)less than 18 years of age; or
  (b)an imbecile or of generally low mental
capacity; or
  (c)blind or deaf or otherwise physically
challenged.
(2)
has sexual intercourse with a student or demands for sex from a student or a
prospective student as a condition to study in aninstitution; or Sexual
Harassment in Tertiary Educational Institutions Prohibition Bill, 2016 by
 (3) has sexual intercourse with a student or
demands for sex from a student or a prospective student as a condition to the
giving of a passing grade or the granting of honours and scholarships, or the payment
of stipend, allowance or other benefits, privileges or considerations; or
(4)solicits
sex from or makes sexual advances towards a student when the sexual
solicitation or sexual advances result in an intimidating, hostile or offensive
environment for the student; or
(5)directs
or induces another person to commit any act of sexual harassment under this
Act, or cooperates in the commission of sexual harassment by another person
without which it would not have been committed; or
(6)grabs,
hugs, rubs or strokes or touches or pinches the breasts or hair or lips or hips
or buttocks or any other sensual part of the body of a student; or
(7)displays,
gives or sends by hand or courier or electronic or any other means naked or
sexually explicit pictures or videos or sex related objects to a student; or
(8)whistles
or winks at a student or screams or exclaims or jokes or
makes
sexually complimentary or uncomplimentary remarks about  
student’s
physique.
In reporting the offence,
Section 7 of the Bill states that a complaint for the offence of sexual
harassment may be made by a student or by any other person to the Nigerian Police
or to the Attorney- General who shall take necessary measures to commence
criminal proceedings against the educator. 
Furthermore, as seen in
Section 8, any person who commits any of the acts specified above is guilty of
an offence and shall, on conviction, be sentenced to imprisonment of up to 5
years but not less than 2 years and there shall be no option of a fine.
An educational institution
can however still take action against such educator or lecturer as nothing shall
preclude an institution from proceeding via the internal administrative
discipline of staffs in related circumstances, provided that:
(a)Where criminal proceedings
under this Act have been commenced and pending in a Court in respect of a
complaint of sexual harassment, no disciplinary body in an institution shall
have the power to commence or to continue disciplinary proceedings in respect
of acts to which this Act relates.
(b)Where internal
disciplinary proceedings have been concluded and appropriate sanctions imposed,
such administrative or disciplinary sanctions shall not be a bar to prosecution
in a court under this Act for acts of sexual harassment.
(c)Where internal
administrative or disciplinary sanctions have been imposed before commencement
of criminal proceedings, a court, in passing sentence, shall have regard to the
sanctions already imposed on the educator.
An educator in the
institution in question or in another institution who victimizes a student in
respect of any complaint under this Act shall be liable to the same criminal
sanctions, disciplinary punishment or damages as the educator whom the student
originally complained against.
One shortfall of the Bill is its restriction to only tertiary institutions, such as public or
private tertiary or post-secondary educational institutions in Nigeria, such as
universities, polytechnics and colleges of education. Thereby, disregarding
students in secondary school institutions and even working environments.
Adedunmade Onibokun, Esq. 
Adedunmade is the Principal
Partner of Adedunmade Onibokun & Co., a corporate commercial law firm
located in Lagos, Nigeria. He also publishes the Legalnaija blog, an
online platform dedicated to educating Nigerians on their legal rights and
obligations. He can be reached via dunmadeo@yahoo.com