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What to do when your employment is terminated unlawfully – Adedunmade Onibokun

What to do when your employment is terminated unlawfully – Adedunmade Onibokun

by | Oct 27, 2016 | Uncategorized


There are many instances
when employees have had their employments terminated unlawfully by their
employers.  Some of these employees never
see it coming and become infuriated at the company for a termination they deem
unlawful. Others are confused and wondering what to do next and how to secure
the next pay check in order to provide for their families and needs. Many however,
do not realise that their termination is unlawful and they have a right to sue
the employer for a breach of their contract of employment. 

Before we go further,
allow me explain that in law practice, the words “termination” and “dismissal”
in regard to employment contracts are not the same. 
Though, “Termination” or “Dismissal” of an
employee by the employer translates into bringing the employment to an end.
Under a termination of appointment, the employee is enabled to receive the
terminal benefits under the contract of employment. The right to terminate is
mutual in that either may exercise it. “Dismissal” on the other hand
is punitive and depending on the contract of employment very often entails a
loss of terminal benefits.
To
further explain, most contract agreements contain a clause stating that either
parties may terminate an employment if due notice is given or  payment of a month’s salary in lieu of notice.
If an employment comes to an end this way, it is a termination. However, to be
dismissed usually means that the employee was relieved due to actions bothering
on misconduct. 
So when can an employment be said to
have been terminated unlawfully? 
The
Supreme Court held in Eze v. Spring Bank Plc
(2011) LPELR-2892, that, to
determine whether the dismissal of an employee was correct or wrong, the terms
of employment of the aggrieved employee must be examined to see whether the
correct procedure was followed. Where there is departure from the prescribed
procedure or a violation of the elementary rules of natural justice, then the
dismissal is unlawful. 
For
instance, if the contract of employment provides that either party may
terminate the employment upon notice or payment of salary in lieu of notice,
any letter of termination served on the employee not in line with the above
provision will be unlawful.  Furthermore,
assuming an employee was dismissed for gross misconduct without giving the said
employee an opportunity to defend the allegations. Such an act will also amount
to an unlawful dismissal. 
If
a party believes they have been terminated or dismissed unlawfully, such party
can use the internal organs made available by the company to state a case or
redress the issue. However, if that does not yield a solution such aggrieved
employer may resort to the court and claim damages against the employer. It is
important to note that such a case must be brought before the court within 6
(six) years of the date the employee was let go. 
The
National Industrial Court is vested with the exclusive jurisdiction of
adjudicating over employment and labour matters by virtue of Section 254C
of the Constitution of the Federal Republic of Nigeria (Third Alteration) Act
2010. Therefore, all such matters are instituted
at the National Industrial Court. The law is now settled that in an
award of damages for unlawful dismissal in ordinary master/servant relationship
the measure of damages is what the servant would have earned in lieu of notice
plus his accrued benefits up to the time of his termination. 
The courts usually shy
away from ordering a reinstatement of the employee. For it is a principle of
law that no employee can be forced on an unwilling employer. This is
illustrated in the court’s decision in U.B.N.
Ltd. v.Ogboh (1995) 2 NWLR (Pt.380)647 where it was held that the plaintiff in appropriate cases of such unlawful
dismissal or wrongful termination of employment is left to his remedy in
damages as no servant may generally be imposed by the court on an unwilling
master even where the master’s behaviour is wrongful.
 
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
Duties and Powers of The National Judicial Council (NJC)

Duties and Powers of The National Judicial Council (NJC)

by | Oct 25, 2016 | Uncategorized


The National Judicial Council is one of the Federal
Executive Bodies created by virtue of Section 153 of the 1999 Constitution of
the Federal Republic of Nigeria. In order to insulate the Judiciary from the
whims and caprices of the Executive; hence guarantee the independence of this
Arm of Government, which is a sine qua non for any democratic Government, the
National Judicial Council was created and vested with enormous powers and
functions.

By the provision of Paragraph 20 of Part One of the
Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria, as
amended,

The national Judicial Council comprises of the following Members: –
    • the Chief Justice of Nigeria, who shall be the Chairman;
    • the next most senior Justice of the supreme Court who shall be
      the Deputy Chairman;
    • the President of the Court of Appeal;
    • five retired Justices selected by the Chief Justice of Nigeria
      from the Supreme Court or Court of Appeal;
    • the chief Judge of the Federal High Court;
    • the President, National Industrial Court;
    • five Chief Judges of State to be appointed by the Chief Justice
      of Nigeria from among the Chief Judges of the States and of the High
      Court of the Federal Territory, Abuja in rotation to serve for two years;
    • one Grand Kadi to be appointed by the Chief Justice of Nigeria
      from among Grand Kadis of the Sharia Courts of Appeal to serve in
      rotation for two years;
    • one President of the Customary Court of Appeal to be appointed by
      the Chief Justice of Nigeria from among the Presidents of the Customary
      Courts of Appeal to serve in rotation for two years;
    • five members of the Nigerian Bar Association who have been
      qualified to practice for a period of not less than fifteen years, at
      least one of whom shall be a Senior Advocate of Nigeria, appointed by the
      Chief Justice of Nigeria on the recommendation of the National Executive
      Committee of the Nigerian Bar Association to serve for two years and
      subject to re-appointment: Provided that the five members shall sit in
      the Council only for the purposes of considering the names of persons for
      appointment to the superior courts of record; and
    • two person not being Legal Practitioners, who in the opinion of
      the Chief Justice of Nigeria, are of unquestionable integrity
The duties and role of the
NJC are also provided for by the provision of Paragraph 21 of Part One of the Third Schedule to the 1999 Constitution
of the Federal Republic of Nigeria, as amended; which provides that; 
The National Judicial
Council shall have the power to:
1.    
Recommend to the President from among the
list of persons submitted to it by –
o    the
Federal Judicial Service Commission, persons for appointment to the Offices of
the Chief Justice of Nigeria, the Justices of the Supreme Court, the President
and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal
High Court, and
o    the
Judicial Service Committee of the Federal Capital Territory, Abuja, persons for
appointment to the Offices of the Chief Judge and Judges of the High Court of
the Federal Capital Territory, Abuja, the Grand Kadi and Kadis of the Sharia
Court of Appeal of the Federal Capital Territory, Abuja and the President and
Judges of the Customary Court of Appeal of the Federal Capital Territory,
Abuja;
2.    
recommend to the President the removal from
office of the Judicial Officers specified in sub-paragraph (a) of this
paragraph, and to exercise disciplinary control over such Officers;
3.    
recommend to the Governors from among the
list of persons submitted to it by the State Judicial Service Commissions
persons for appointments to the Offices of the Chief Judges of the States and
Judges of the High Courts of the States, the Grand Kadis and Kadis of the
Sharia Courts of Appeal of the States; and President and Judges of the
Customary Courts of Appeal of the States;
4.    
recommend to the Governors the removal from
office of the Judicial Officers specified in sub-paragraph (c) of this
paragraph, and to exercise disciplinary control over such officers;
5.    
collect, control and disburse all moneys,
capital and recurrent, for the judiciary;
6. advise the President and Governors in any
matter pertaining to the judiciary as may be referred to the Council by the President
or the Governors;
7.  appoint, dismiss and exercise disciplinary
control over Members and staff of the Council;
8.    
control and disburse all monies, capital
and recurrent, for the services of the Council; and
9.deal with all other matters relating to
broad issues of policy and administration.
10.   The Secretary of the Council shall be
appointed by the National Judicial Council on the recommendation of the Federal
Judicial Service Commission and shall be a Legal Practitioner.”
The Honourable Court in Nwaogwugwu v. President F.R.N. (2007) ALL
FWLR (Pt. 358) 1327 at 1356, paras D – F (CA), held that the National
Judicial Council is a creation of the Constitution. Its traditional role is as
defined by the Constitution and it includes inter alia to make appointments and
to exercise disciplinary control over judicial officers. 
Per GALINJE, J.C.A.
in Page 45, paras. E-F, in the case of OPENE v. NJC & ORS. (2011)
LPELR-4795(CA) further held that Section 158 (1) of the Constitution has
clearly provided that the National Judicial Council (NJC) shall not be subject
to the direction and control of any other authority in exercising its power to
make appointments or to exercise disciplinary control over judicial officers.
Photo Credit – Here 
Provisions of the proposed bill to establish a ranching commission in Nigeria

Provisions of the proposed bill to establish a ranching commission in Nigeria

by | Oct 25, 2016 | Uncategorized


The National Assembly is
currently examining a Bill sponsored by Senator Barnabas Gemade, seeking to
establish the National Ranches Commission for the regulation, management,
preservation and control of ranches throughout Nigeria. 

According
to the Minister of Agriculture and Rural Development, Audu Ogbeh, the 2011 National
Agricultural Sample Survey indicated that Nigeria was endowed with an estimated
19.5 million cattle, 72.5 million goats, 41.3 million sheep, 7.1 million pigs
and 28,000 camels. Accordingly, the minister said the country had 145 million
chickens, 11.6 million ducks, 1.2 million turkeys and 974, 499 donkeys.
According
to the above statistics, Nigeria is one of the leading countries in Africa in
regard to livestock, however, the above number is still not able to meet the
national demand. It is hoped the proposed ranching style being proposed by the
Bill will aid in adding value to the livestock farming industry in the country. 
The Bill in its first
section provides for the establishment of the commission, while Sections 2
& 3 provide for the officers of the commission, consisting of a Chairman
and other members who shall hold office for a period of 4 years.
The functions of the
commission are found in Section 6 of the proposed bill.  It provides that the duties of the commission
shall be charged with the  – 
a.      Establishing, controlling, managing
and maintaining all National Ranches established by the Act.
b.     Constructing dams, roads, bridges,
fences and such infrastructures as may be considered necessary for the purpose
of the ranches.
c.      Determining the number of ranches to
be established by state
d.     Conserving and preserving the natural
state of ranches.
e.      Ensuring the preservation and
protection of any objects of geological, archeological, historical, aesthetic
or scientific interests of the ranches.
f.        The development of facilities and amenities
within the ranches.
g.     Fostering in the mind of the public,
the need to establish and develop ranches for the preservation of lifestock.
h.   
Doing
other things incidental to its functions. 
Further provisions of the
Act establish how the Commission will be run in regard to its powers to accept
gifts and borrow funds. Section 14 particularly states that the Commissions
hall maintain a fund for its functions and shall present its expenditure to the
Minister of Agriculture. 
It is worthy to note that
the Act contains a Pre-Action Notice in Section 24 which provides that the
Commission shall be a month’s notice before legal proceedings can be instituted
against the Commission. 
Furthermore, Section 22,
of the Bill provides against land encroachment on the Ranches. The Bill further
prohibits bush burning and hunting on the Ranches as well. The Bill in Section
23, provides that anyone who contravenes the provisions of the Bill shall be
liable on conviction to a fine of N50,000
(Fifty Thousand Naira) or imprisonment for 5 years or both. 
The Propose Bill also
contains a supplementary provision which provides for the proceedings of the
commission. 
Adedunmade
Onibokun 
Adedunmade
is a lawyer and blogger. He practices in Lagos and publishes the law blog
www.legalnaija.com. You can reach Adedunmade on dunmadeo@yahoo.com
Ed’s Note – This article was originally published here. 
Life of a Lagos Lawyer – Bad mornings (Episode 1)

Life of a Lagos Lawyer – Bad mornings (Episode 1)

by | Oct 21, 2016 | Uncategorized



It was a very beautiful
day and I woke up feeling great. Like an angel had visited my bed side during
the night and whispered to me that I was waking to one of the best days of my life.
Jeffery, my driver, had detailed the custom Mercedes Benz S-Class and as the
smell of the rich and luxurious leather drifted in my comfortable back seat, I
could not help but notice my face on the cover of the Forbes Africa magazine
being displayed on the news stand with the caption “The Best Lawyer in The
World” written under my name. 

As we drove into the exclusive section of the Eko
Atlantic, where my law firm sits on the most expensive piece of property in
Lagos, I could not help but smile, I had done a great job and built a world
class legal practice.  Jeffery, once
again was getting the door, we had arrived and as I stepped out I could see my
secretary walking up to me with a cup of coffee, Newspapers and shouting at the
top of her voice “D-Law! D-Law! wake up, wake up, it’s almost 6.30, you will
miss the BRT bus.
I opened my eyes and
Godwin, my flat-mate, looked down on me with pity, like he sensed he had
interrupted a sweet dream by the strange way I was looking at my surroundings. “D-Law,
sorry I woke you but I noticed its 6.30 and you weren’t awake yet”. 6.30! I repeated,
as I half-jumped off the bed, my mind coming to full alertness. If it was
6.30am and I was still at home, then I was already late for court proceedings and
my boss will remove another N5,000 from
my salary. That however was not my immediate worry, the most important thing
was to get to the BRT bus stop in record time if I still wanted my job, the BRT
queues in Ketu were notoriously long and it could take an hour just go to get
on a bus.  
As the BRT bus pulled out
of the park 45 minutes later and began its ride all the way to CMS and the body
odour of the passenger standing beside me hit me like a wave, I could not help
but remember my dream and shake my head, this was a bad morning. “Be a lawyer”,
my teacher had said, “you will be a professional”. 
I wish I had rather followed
the advice of my friend, segun, who had dropped out of school to face his
passion for music, now he has a hit song titled “shake, shake your talents” and
has a fleet of cars parked in his mansion in Lekki Phase 1 with a bevy of beautiful
ladies fighting for his attention. I had decided to remove all distractions and
face my career when I found out my girlfriend’s cousin, who had bought my girlfriend
an Iphone 7 and gives her a 50k monthly allowance was not actually her cousin.
I confronted her but she told me “only if I were an enemy of her progress will I
ask her to stop seeing him”. Anyway she called off the relationship, two weeks
after that. “No time for a scrub in this recession”, she had written in her
last text message. 
As I alighted from the BRT
bus, a text message arrived on my phone. The caller Id of the sender read “Oga”
and the text read “Court has started sitting, but you aren’t here yet, this is
extremely irresponsible of you, 5K will be deducted from your salary”. Oga,
leave story o……………. 
Pls join us next weekend
for another episode of “Life of a Lagos Lawyer”. An exclusive Legalnaija series.
Sun International’s Pullout ,The Nigeria Gaming Industry And The Rest Of The Economy –

Sun International’s Pullout ,The Nigeria Gaming Industry And The Rest Of The Economy –

by | Oct 20, 2016 | Uncategorized


On the 25TH of
August of 2106 we woke up to splashing headlines by several local papers
announcing Sun International’s (SI) pullout from Nigeria. Some noted that it
was the 4th South African company to pullout from the Nigerian market citing
the hostile economic environment as the reason. As expected I was inundated
with inquires from several quarters especially from those eying the Nigeria
gaming market

 – they were eager to know whether the announcement signaled
a negative outlook on the industry’s prospects. The report was bound to raise
concerns internationally given Sun internationals revered position in both the
gaming and hospitality sector. Truthfully the pullout had nothing to do with
the gaming industry, SI runs one casino in the whole of Nigeria; it is
pertinent to mention that casinos occupy the lowest rung in Nigeria’s budding
gaming industry.

While the reasons
for the pullout were widely reported, SI gave several reasons necessitating the
pullout, …. “The Federal Palace Hotel continues to operate in a difficult
environment with the Nigerian economy facing a number of crises including the
low oil price, Boko Haram and a weakening naira and it has still not recovered
from the significant impact that the Ebola epidemic had on the business’.
While Nigeria’s
infrastructural challenges are not new, some of the reasons proffered may sound
reasonable on the face of it but on close inspection are far from compelling;
sensationalising the pullout as part of a South African exodus without any form
of juxtaposition with relevant data portends unjustifiable harm to Nigeria
which desperately requires foreign direct investments to shore up its reserves
as well as jumpstart its economy , my conclusion is that some of our journalist
in a bid to reinforce the current disenchantment with government’s perceived
failure in managing the economy inadvertently acted as economic saboteurs . 
So lets take the
issues one by one.  
While it is
official that Nigeria is in recession, several South African companies are
thriving depending on the industry and several more are investing in our
economy inspite of the perceived hostile economy. As at today there are well
over 100 South Africa companies operating in Nigeria and only a handful are
commercial failures. The list of well-known failures includes Telkom,
Woolworths and Tiger Brands. But they aren’t representative of the wider
experiences of South African companies.
It is in the
nature of doing business that some companies succeed and others fail. There are
many reasons why some have not done as well in Nigeria. These include not
conducting proper due diligence before entering the market, selecting the wrong
acquisition target, inappropriate market strategies, choosing the wrong partner
and mismanaging stakeholder relations or outright competition. For example
Woolworths was competing in the same space with Chinese imported textiles and
it wouldn’t have taken a genius to know that they were bound to fail miserably. 
Ebola for one lasted
only 90 days, in one of Nigeria’s daring showcase of effective governance
,ebola was eradicated with a casualty figure of only 7 people. So that alone
couldn’t have been a big factor in the poor room occupancy rate for the hotel
group,even 2 years after Nigeria was declared free of the disease . For one
Federal Palace Hotel (FHP) had out priced its self from the market; Furthermore
intense competition from guesthouses, boutique hotels, bread and breakfasts and
the incursion of market disrupters like air bnb left the group vulnerable and
unattractive.
Another reason
given for the pull out was the menace of Boko Haram (BH). This leaves one
wandering how that directly affected FHP given that there was never a BH attack
in Lagos or any part of the Southern Nigeria, BH attacks have largely remained
in the north eastern region of Nigeria  with some isolated attacks in Kano
and Kaduna and this attacks ceased since the new government came into power
early last year. 
Another reason
given elsewhere was the continued retention of the passports of some of SI
staff who are under investigation by EFCC; while I am not privy to the facts
prompting the investigation it is not news that several foreigners operate
locally as if they are above the laws of their host cities (the MTN matter
readily comes to mind) – in a recent chat with a senior management staff of SI,
he readily confessed that multinationals were prone to abusing the laws of
their host countries and SI was not exempted . 
So while
Nigeria’s tough operating environment includes deficient infrastructure,
erratic power supply, foreign exchange shortages, high inflation, currency
volatility, corruption, high capital cost, red tape, high rentals, as
well as excessive and unpredictable regulations we still have lots of South
African companies like MTN, Multi choice still doing good business in Nigeria. 
So what could
have prompted this level of sensationalism? My hunch is that SI needed the
media stunts in order to cover for its inability to turn profits for its
shareholders. It is not a new trick, last year me and a few other Nigerians
were aghast when we stumbled on a report by a listed South Africa company who
blamed the whole group’s misfortune on it’s $700,000 investment in a loss
making company in Nigeria in which were all shareholders in and thus familiar
with the facts. 
Because of our
poor investigative reporting culture, our media houses failed to balance out
the fact that SI ‘s pullout is part of its overall strategy for Africa – it has
all along been divesting from Africa with a focus on Latin America. In 2015
alone it divested by selling majority stake to in the Gaborone Sun in Botswana,
the Kalahari Sands in Namibia, the Lesotho Sun and Maseru Sun as well as the
Royal Swazi and Ezulwini Sun in Swaziland to MNG group. Sun International also
reduced its 100 percent stake in the Royal Livingstone and Zambezi Sun in
Zambia to 50 percent, with MHG holding the balance.
The latest
announcement by SI has more to do with its focus on Latin America arising from
its general depressed growth from the African continent than Nigeria’s hostile
economic environment. Graeme Stephens,the group CEO said
“In South
Africa, the economic environment remains a serious concern. We do not
anticipate any meaningful growth in gaming revenue until there is a recovery in
the economy and renewed consumer confidence,” .

Yahaya
Maikori

Solicitor,
Gaming and Gaminfication Consultant, Enterpreneur & Global shaper

 Ed’s Note – this article was first published here.

Compensation for injury in the Workplace

Compensation for injury in the Workplace

by | Oct 19, 2016 | Uncategorized



The Black’s Law
Dictionary, 9th Edition at page 320, defines compensation as:
“1. Remuneration and other benefits received
in return for services rendered…..
2.
Payment of damages or any other act
that a court orders to be done by a person who has caused injury to another.”
(Emphasis
mine)
It is common for workers
to suffer injury or incur liabilities during the course of employment. This is
more common with employees whose employment require them to work with delicate
and complex medium and heavy duty machinery, such as workers on an oil rig, a
manufacturing company, a laundry service or even a restaurant.

However, though the
Employees Compensation Act, 2010, provides that employers must pay compensation
when an employee suffers injury arising from the conditions of employment. It
is common to see these compensations delayed, frustrated and sometimes never
paid. Several employees who suffered injury during the course of their
employment have been forced to approach the Courts of law to mandate the
unwilling employers to pay up. However, giving the slow pace of the law courts,
which is a situation being speedily addressed by the National Industrial Court,
most victims still tend to feel abandoned, stressed, angry and sometimes
powerless in their situations.
The Employees Compensation
Act, 2010, repealed the Workman’s Compensation Act, 2004, and seeks to provide
an open and fair system of guaranteed and adequate compensation for all
employees both in the public and private sector. However, the Act does not
apply to members of the Armed Forces as stated in Section 3 of the Act.
The Act provides in
Section 7, that –
“(1).
Any employee, whether or not in a work place, who suffers any disabling injury
arising out of or in the course of employment shall be entitled to payment of
compensation in accordance with Part IV of the Act.  
 It must be noted that it is not compulsory for
the worker to be at the point of duty when the injury occurred, as the Act
provides other instances when the employee will be liable to compensation for
injury suffered. The Act further provides in Subsection (2) that – 
“An
employee is entitled to payment of compensation with respect to any accident
sustained while on the way between the place of work and –
a)          
The
employee’s principal or secondary residence,
b)          
The
place where the employee usually takes his meals, or
c)          
The
place where he usually receives remuneration provided that the employer has
prior notification of such place. “ 
If the injury is as severe
as to cause any disability to the employee from earning full remuneration at
the work place, Subsection (3) provides that the compensation shall be payable
pursuant to the Act from the first working day following the day of the injury,
except that only a health care benefit shall be payable on the day of the
injury. When the injury is caused by an accident which arose from the
employment, it would be presumed that the injury happened in the course of the employment.
In C & C Const. Co. Ltd. v. Okhai (2003) 18 NWLR (Pt.851)79, the
respondent while on duty which involved the servicing of the appellants’ crane
sustained grievous injuries arising out of the 2nd appellants failure as switch
operator to use due care thereby causing the crane to become agitated and resulting
in a drum of the crane to rollover violently over the respondent’s left foot,
crushing that leg below the knee. For this he was under great pain and suffering
for which he was hospitalized and this eventually led to the amputation of that
leg. The employee was awarded damages for loss of earning capacity, future loss
and damages for pain and suffering.
 Usually, the employer is responsible for
ensuring that the workplace is not dangerous and that tools, machinery and
other equipment used by the employees are suitable for the task and safe. It is
also the duty of the employer to ensure that the methods used to undertake the
work, the system of supervision and general organization add up to a safe
system of work. It should however be noted that the employer’s duty is only to
take reasonable care and not protect the employee at all cost[i].
 
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

[i] Gwyneth
Pitt (2007). Employment Law. 6th ed. London : Sweet & Maxwell. 410.
“THE CNN EFFECT” If it Bleeds it Leads. Does media coverage make violent conflict more likely?

“THE CNN EFFECT” If it Bleeds it Leads. Does media coverage make violent conflict more likely?

by | Oct 14, 2016 | Uncategorized


The saturation of media in
virtually all areas of contemporary life and its effects on society has been
widely discussed by many academic scholars. At the same time, since the end of
the Cold War in 1989, intra-state conflicts in which the Great Powers have been
openly involved have also become significant. Connecting these developments,
the media has been seen as not merely observers, but participants in these
post-Cold Wars. 

Accordingly, serious
questions have been raised about the role of the media in these violent
conflicts. For instance, does the media coverage make violent conflict more
likely? Is it used to facilitate Liberal War and sell violence as just, ethical
and ultimately peaceful? Is the “CNN effect” real? This Article will discuss
the role of media coverage and the CNN effect with regard to violent conflict.
The CNN Effect
In 1991 after the Gulf
War, Iraqi Kurds staged an insurgency against Saddam Hussein. The Western
powers which defeated Saddam Hussein did not wish to intervene in Iraq.
However, relentless coverage by CNN deliberately evoked sympathy with the Kurds
and increased public pressure for the Western powers to ‘do something’.
Eventually, the western powers did intervene in Northern Iraq to protect the
Kurds and a no-fly zone was established. This gave rise to commentary about the
“CNN effect”.
 Hence, it is safe to
say that the CNN effect refers to the impact that global media coverage on
humanitarian crises has on public opinion in the West, which in turn forces the
western Government to act where they otherwise would not.  This so called
effect was also said to operate again with regard to ‘humanitarian
interventions’ in Somalia, Bosnia, Kosovo and Rwanda in the 1990’s.
Notably, the “CNN Effect”
is directly opposed to the elite- centred Propaganda Model because it asserts that
democratic pressure from below, spurred on by independence of global media, can
change the policies of Western governments to a more humane foreign policy.
The Exaggeration of
the CNN Effect
Upon closer examination,
the CNN effect is greatly exaggerated by many commentators, both positively and
negatively. It is not that the media coverage does not have any effect at all
on the public opinion and government policy in western democracies, but rather
its presumed effect with regard to changing or even formulating government
policy is overstated.
Factually, what most
analysts have found is that when western governments have a clear, well
communicated policy, no amount of public pressure will sway the executives and
the military panel. Conversely, where there is a weak or unclear policy, then a
window is open for actors to influence government policy as it is being made,
debated or reformulated. An academic writer, Jakobsen has identified another
crucial factor which can determine whether public pressure will affect
government policy towards intervention, options for minimal or no casualties
and a clear identified exit points.
This goes a long way in
explaining the liberal humanitarian interventions of the 1990s. After the Cold
War, foreign policies among western powers were in a state of flux. Without the
Soviet Union as the enemy, and with the explosion of violent conflicts in the
wake of the Soviet Union’s demise, Western powers were not clear as to how and
why, or even whether they should intervene. 
Now when they eventually
intervene, they do so in such a way as to minimize their own casualties, and in
the event that such casualties occur as in Somalia, they quickly withdraw their
steps. These liberal wars of choice almost by their nature stirred a debate and
opened the door for the ‘CNN effect’. Indeed it is notable that the debate
about the CNN effect was at its height during the Clinton presidency and the
Blair premiership. It is worth mentioning that, under President Barack Obama’s
presidency, there appears to be similar quandaries with regard to military
intervention in the Middle East since the outbreak of the Arab Spring. 
In conclusion, I am of the
view that the media’s role in violent conflict is complex. It cannot be thought
of in a unitary way. There are important differences between local and
international media and now Western global media conglomerates as opposed to
non-western media. While the media can influence situations profoundly, the
media is also influenced by many actors. In such a complex world, the
multifaceted, dynamic complexity of the media’s relationship to violent
conflicts should not come as a surprise.

By: Jacinta Obinugwu 

Ed’s Note – This article was originally published here.
Interview: Chika Ugonwa, Immigration lawyer talks about law practice and finding her niche by Anne Mmeje

Interview: Chika Ugonwa, Immigration lawyer talks about law practice and finding her niche by Anne Mmeje

by | Oct 13, 2016 | Uncategorized


Anne Mmeje interviewed Chika Ugonwa, a young entrepreneurial
Nigerian Lawyer who practices Immigration Law in Nigeria. Chika talks about her
work, human trafficking in Nigeria, and the Gender Equality Bill that failed to
pass at the National Assembly. Chika’s vision includes establishing a law firm
that will serve as a one stop shop for everything Travelling/Immigration
inquiry and assistance in Nigeria; having a bilateral relation with immigration
firms all over the world, Embassies and High Commissions; and building a strong
brand on the foundation of Trust and Integrity.


Please tell
our readers a little bit about you.
I am a Nigerian Lawyer, a Graduate Manager, and an
Immigration Consultant.  In the past I worked with Abubakar Mustapha &
Co. (Kaduna) and Threshold Barrister & Solicitors (Lagos). Presently, I am
running my own firm in partnership with Reality Education Ltd (Port Harcourt),
Rexcue Barrister and Solicitors (Lagos), and New Dimension Konsult (kaduna).
Okay, now
that sounds interesting. You are affiliated with three law firms. What’s the
arrangement like and how did that come to be?
I
started my Immigration Law practice in Lagos with Threshold Immigration Consult
which is a subsidiary of Threshold Barristers & Solicitors. As you know,
Immigration practice is built on trust and in the course of the attorney-client
relationship, one gets access to clients’ sensitive private and financial
information. So when I moved to Abuja, a lot of my Lagos clients still
sought me. My efforts to get them to work with other lawyers failed. That was
where the partnership idea came from. I continued to work with my clients in
Lagos while I was in Abuja. When that proved successful, I realized that I
could successfully serve clients in all thirty-six states from my base in Abuja.
For
my clients who are in Lagos, for example, they consult me through the phone or
email. Then I do their work and send the finished work to my colleague Rexcue
Barrister and Solicitors Lagos (he practices Immigration Law too) who goes over
them with the clients and guides them to sign the documents.
Congratulations
on your achievements so far. Has law practice been what you expected? Many
people go into law school with noble intentions. Did the reality of law
practice match your earlier expectations of what to expect from the practice of
Law? 
I don’t know
about ‘many people.’ For me, I did not really go into the law program with
great expectations or any expectations. The decision to study law was
suggested by someone I could never say No to. In secondary school I was good in
social sciences and art, my parents wanted me to be an accountant; my
grandfather wanted Law. I chose Law. In University then my major goal was not
to fail my grandfather, my parents who were paying for my education, and
myself. (In my family, my siblings and I are a bit competitive). Long story
short: I did not have ‘earlier expectations.’ But having practiced for a while,
I realize that we (Nigerian Lawyers) need to do more. The fate of this country
to a large extent lies with the legal profession and so it suffices to say we
are to a large extent part of the problem of the country. We need strict ethics
and conduct regulations and compliance.
What has
been your greatest challenge practicing law in Nigeria?
Law practice is a very broad concept. The challenges a lawyer
encounters are unique to his/her area of practice. I practice mostly
Immigration and Maritime Law (More of Immigration).  I can write a book on
the challenges for each but for this interview I will only mention one
challenge in Maritime practice which is ‘stagnancy.’
My former firm (Threshold barristers & Solicitors) had
over 30 cases on different maritime matters. Apart from one of the matters that
I got a default Judgement on, others ended up in settlement before I got the
chance to taste my skills in trial. In court one day while I was moving yet
another motion for discontinuance and adoption of parties’ terms of settlement,
the Judge said (jokingly) that in his 20 years in the bench he was yet to
deliver a final Judgement on a Maritime case.
In Maritime, litigation is instituted just to get the shippers/and
or the insurance company to settle. Hence in rare cases where the matter goes
all the way to trial, there are hardly sufficient judicial precedents to rely
on.

You mentioned earlier that you serve
clients in all thirty-six states.
Yes. Thanks to Nigeria legal system and Judicial procedure, a
lawyer in Nigeria can practice in any part of Nigeria. My Job takes me around
the Country (and I hope someday beyond). We attend to clients at any location
within Nigeria. When clients can take care of my travelling expenses, I fly to
their cities to see them and we have our business at my colleagues’ offices.
Are you
surprised at how little or much your clients know about Immigration law?
Not at all; Immigration law practice is still a grey area of
practice. I was fortunate to stumble into it myself. Its sounds alien when I
discuss it with my colleagues. Apart from a few firms in Lagos I am not sure
there are firms in other jurisdiction who engage in it. Imagine how many
countries there are. Through this job, I have learned a lot and I am still
learning.
What does
an Immigration lawyer do?
I am sure not a lot of people know that travelling across border
is actually a right not a privilege. Let me not
bore your readers with sections of UN Treaties and African Charters on Human
right and other citations that uphold these rights.
In summary; A country cannot close its borders from entry to
citizens of other territories. There are exceptions though.
I run an Immigration Consultancy Firm. We attend to Immigration
issues bothering on;
Permanent migrants i.e spouses, children,
parents etc. who seeks to join families overseas across border or regularize
foreigners already in the country. Temporary Migrants which includes International Students, Work permits (eg Canada Federal
Skill migrant scheme, for professional migrants) etc. My firm is also an International Education facilitator. We
work with schools in Europe, United States, Canada, Australia, Malaysia etc.
Then we have our cluster clientele: the short time Visitors. Tourist, family
visitors, Medicals Visitors etc.
It is quite an interesting job. You will be amazed at the volume
of immigration cases there are out there.
In addition to the above, we also organize trainings and
seminars. News are often reported about mangled dead bodies found in
international flights tyre compartments, like the story here: www.nairaland.com/432392/desperate-man-sneaks-into-delta, http://old.nationaldailyng.com/news/crime/5988-arik-dead-body-uk-authorities-may-join-investigation. Some lose their
lives at Sahara Desert or at sea. all in desperate attempt to illegally migrate
in quest for greener pasture. In the later instance. loved ones are saddled
with the agony of not knowing for sure what happened to their wards. Pain they
will be forced to endure to their graves. Those who promote this inhuman
practices for profit will never inform their clients on the risks involved.
 Through these seminars we educate the youth on the dangers of illegal
migration.  We also create awareness on Human trafficking. We hope to
attract the government and multi-national companies and concerned individuals
to get involved and sponsor some of these programs.
We also offer
professional advisory services. This is very important, especially since
countries keep reviewing their immigration rules and regulations to protect their
borders against economic migrants and terrorists. Before anyone thinks of
traveling, it is important to seek professional guidance.
We give
packaging assistance; a lot of immigration process / application is done online
and not many people know their way around the internet nor have the patience to
be bothered with it, and the question may be a bit technical, so we do the
actually application for clients who retain us to do so.
We also
represent clients on appeals (via paper litigation) for clients who have
been wrongfully refused. We prepare ground of appeal, witness statement(s) etc.
Further,
we offer International Investors legal assistance through our partnership with
other law firms abroad. We can help a client secure an investment abroad, or a
foreigner secure investments here (Nigeria).

What is the
most fulfilling case you have handled?
As a rule, I do not take on any case I am not passionate about. It
is my passion that propels me to give my best. In my immigration practice however,
one particular case comes to mind though. Client was a 17-year old boy. He lost
his mother at a young age. His mother was never married to the father. He was
raised by his maternal grandmother who also later became deceased. His father
was a Nigerian / Belgian permanently resident in Belgium and he wanted our
client to join him. There were a lot of documentary challenges. Initially it
looked like a hopeless case. Our young client, without assistance (other than
professional fee his father paid to the firm), did all his best to assemble
necessary documentation. He made several trips from Edo (where he is based) to
Lagos (our firm). The package took about 6 months to tidy up and another 6
months in the embassy. I was gearing up for appeals when the documents came out
and his application was granted. It was not the hardest case but the case was
fulfilling for me because in the course of packaging Jesse’s application I got
to learn of his life story. He had had a difficult life and I felt that he
deserved a break. I was very happy he got his visa. He is doing very well in
Belgium now.
I share
your joy. I do find too that the cases we tend to love the most are not the
ones we made most money from but the ones we helped our clients get
life-changing resolutions. Given your diverse practice, have you noticed any
dissimilarity between Immigration Law and other areas of law practice?
Yes. In two major ways.
First, one of the most popular Principle in criminal law, for
example, is that a person is ‘innocent until proven guilty’. In
Immigration law the reverse is the case. In Immigration Law, it is an
applicant’s duty to prove that his/her purpose is genuine before his/her
request is granted. In other words, you are considered an Economic Migrant
(especially if you are applying from an undeveloped country to a developed
country) until evidence proves otherwise.
Second, Immigration law is not guided by Precedence.  Even
where two clients have the same immigration challenges, solutions are rarely
the same. Every application is unique to the applicant’s personal and economic
circumstances.
Lagos
State government recently uploaded the State Laws on the internet but requires
people to make a certain payment before accessing them. What is your take on
this? Shouldn’t people know, say the Criminal Code, without having to buy them,
in order not to break the law.
I have always been of the opinion that basic laws (criminal law
and fundamental human right) should be introduced as subjects is senior
secondary schools and that such laws be also made available to the masses
especially since ignorance of the law is not a defence. Take this yahoo yahoo
thing for example, a lot of youths who engage in it do it for the fun of it as
much as for the money. They are ignorant of the fact that they are committing a
felony and the penalty it attracts. But the Government as usual is focused on
generating revenue at the expense of the masses’ welfare.
The National
Assembly did not pass the Gender Equality Bill that was presented before it
earlier this year. What effect do you think passing this law would have had on
women’s right?
I have not read the bill though but I do not think it will
have any substantive effect on women’s right. I am not aware of any law that is
specifically discriminatory against women. The constitution provided for
Fundamental HUMAN rights. The Criminal Code did not segregate crimes or
penalties on gender. I am indifferent to the bill just like am indifferent to
the bill on domestic violence (when the criminal code has amply provided laws
against physical and non-physical violence). I am indifferent to these laws and
bills focusing on women simply because I think they amount to proliferation of
laws.  If we women are serious about our rights, we should stop expecting
special treatment. It is you constitutionally giving right to challenge any law
or practice that you feel is discriminatory towards you on basis of your gender.
Any woman who seeks to challenge such laws or practice will have my support pro
bono.
 So if someone wants to apply for visitors’
visa to U.S. are you able to do that? 
Yes.
Like I said the bulk of our clients falls in the Visitors (short time travelers)
category. We also serve clients who wish to travel to Canada, Australia, Europe
etc.
Where can people get
information and resources about Maritime Laws and Immigration Laws in Nigeria?
There
are plethora of books and legislations on Maritime: NIMASA ACT 2007,
Sabotage Act etc. For Immigration law, it is the Immigration rules and
regulation of the country a client is seeking entry to that we rely on. 
You do a little bit
of Maritime law. What is the relationship between depreciation of the naira and
importation?
The
naira depreciation is as a result of Nigeria’s heavy reliance on importation. Nigeria
imports almost everything because we are consumers. If importation reduces the
Naira will appreciate. 
What are your other
interests, besides Law?
I
write poems. I am also considering venturing into agriculture and my long term
goal is to run a farm and get to finally call myself a farmer. Nothing says
humanity than farming. I am doing some background research on animal farming
and my area of interest is fishing and poultry.
I enjoyed this
interview and I learned quite a lot. I believe some readers will be thrilled by
the legal knowledge you have so generously given away freely. How may people
contact you if they have further questions?
Our
official website will be launched soon. In the interim I can be contacted Via
Phone +234 8129375453, and/or email: measchika@yahoo.com.
Thank you very much
for granting this interview, Chika.
You are most welcome, Anne, and thanks
again for having me.
Anne Mmeje is a lawyer and a freelance writer. To see more of her works,
visit annemmeje.com. To contact her email annemmeje@yahoo.com.