Recap of The TMT Business Law Breakfast Series 2024 by DOALAW

Recap of The TMT Business Law Breakfast Series 2024 by DOALAW

The event took place on the 2nd of May, 2024 at the Ebony Life Place, Victoria Island, Lagos State. The event opened with welcome speech and opening remarks by Adeleke Alex- Adedipe, Managing Partner, Duale, Ovia&Alex-Adedipe after which a keynote address was given by Chairman, ARCA Payment Limited. Upon conclusion of the keynote address, a fireside chat commenced. In this session Mr. kyari Abba Bukar was asked questions by Aruoture Oddiri “Rotus” regarding his business, experience, challenges and insights about technology and policies. The members of the audience were also given the opportunity to ask questions.

Subsequently, the first panel discussion began following a brief interlude for tea. This panel comprised esteemed figures and emerging leaders within the financial technology realm, including Olatubosun Alake, the Honourable Commissioner for Science, Innovation, and Technology; Adesuwa Okunbo-Rhodes, the Founder of Aruma Capital Management; Kola Aina, the Founding Partner of Ventures Platform; Femi Ogunjimi, the Co-Founder of Cardinal Stone Capital Advisers; and Tosin Eniolorunda, the Founder of Moniepoint. This session was moderated by Adeniyi Duale, Partner at DualeOvia&Alex-Adedipe.

The interaction commenced with the moderator inviting Adesuwa to share insights on potential reforms for venture capital to fortify the ecosystem. Adesuwa highlighted significant declines in venture capital and advocated for leveraging local investments as a remedy. She proposed the establishment of a government-backed venture capital fund to bolster the economy, suggesting that untapped funds could be redirected for this purpose. Additionally, Adesuwa recommended implementing a framework for Local Capital Mobilization.

Tosin Eniolorunda was tasked with offering advice to startups. He began by stressing that the primary goal of any startup, like any other company, is profitability to provide dividends or returns to investors. He asserted that a startup must offer a product or service that resonates with customers and identify an industry to target for sales. He recommended that startups generate significant publicity for their offerings and ensure they have a plan to provide returns to investors while also focusing on the growth of their products and services.

Femi addressed the hurdles faced by Nigerian tech startups, emphasizing both internal and external challenges. He focused particularly on internal obstacles, emphasizing the importance of business model and strategy. He challenged the common narrative among founders, which typically revolves around identifying problems, developing solutions, and expecting product adoption. Instead, he proposed key questions that businesses should consider at the outset, such as how to generate revenue, the timeline for profitability, revenue projections, scalability of the product or service, and the business culture. He believed that addressing these questions comprehensively would not only help businesses thrive but also mitigate challenges encountered during the business-building process.

The moderator directed a question about mentorship to Kola Aina, who personally expressed his divergence from the concept for entrepreneurs. However, Kola emphasized the importance of entrepreneurs recognizing that capital alone is insufficient for business success; they also need to establish advisory boards and cultivate a supportive community. He concluded by highlighting the correlation between entrepreneurial promotion and business success.

The Honourable Commissioner was then asked to elaborate on the Lagos state government’s contributions to venture capital and startups. He explicitly mentioned that the government has awarded grants to 70 startups across various sectors and has consistently provided a launchpad for startups to prepare them for venture capital investments.

Subsequently, the panelists addressed another round of questions. Tosin discussed the challenges faced by startups during the scaling-up process, which encompassed regulatory hurdles, compliance issues, funding, talent acquisition, and the impact of external factors like the “Japa wave” and manipulations by crypto operators, prompting government policy shifts affecting fintech startups.

Kola tackled the measures required to bolster investor confidence in Nigeria’s fintech sector. He stressed the necessity of creating a robust investment environment in Nigeria to attract foreign investors and instill faith in startups. The first panel session concluded with an interactive question-and-answer segment involving both panelists and audience members.

The second panel session was moderated by Nichole Yembra, the founding partner of The Chrysalis Company. This panel featured Olumide Soyombo, the Co-founder of Voltron Capital and Bluechip Technologies Limited; Yanmo Omorogbe, the COO and Co-Founder of Bamboo; Olu Oyinsan, the Managing Partner of Oui Capital; Dr. Femi Kuti, the CEO of Reliance Health; and Tosin Faniro-Dada, a Partner at Breega. The session focused on the theme “Show me the money,” where panelists shared their experiences in securing funding for their startups.

Yanmo encouraged startup owners to consider several key factors to effectively reach their target customers. These factors include bringing on board founders with prior experience, understanding the market and the needs of the target audience, evaluating competitors, selecting co-founders who complement each other, and recognizing the significance of timing. Additionally, Yanmo advised entrepreneurs to pitch their ideas to themselves first before presenting them to others, emphasizing the importance of self-assessment in gauging investment potential.

Tosin addressed the question of “How to navigate choosing the right partners and attracting investors,” echoing Yanmo’s emphasis on timing. He also underscored the importance of thoroughly evaluating potential partners and investors to ensure alignment with the startup’s vision and goals.

Olu Oyinsan shared his experience as a startup owner, highlighting the importance of taking calculated risks despite unforeseen challenges. He emphasized that before anything else, startup founders must determine if their venture is necessary, assemble a capable team, and define what success looks like for the company. Answering these fundamental questions guides critical decision-making for startup owners.

All panelists emphasized the importance of clarity in defining the problem a startup aims to solve, crafting a compelling narrative to attract investors, and ensuring the business can generate returns for its investors. The event concluded with closing remarks from Soibi Ovia, a Partner at Duale, Ovia & Alex-Adedipe.

See more photos below;

 

 

 

 

 

 

Advantages Of DIY Contracts To Entrepreneurs

Advantages Of DIY Contracts To Entrepreneurs

Advantages Of DIY Contracts To Entrepreneurs

DIY contracts, or “Do-It-Yourself” contracts, are agreements that individuals can create and customize on their own without necessarily hiring a lawyer. These are legally binding agreements that individuals draft using templates or guides. They are designed to be straightforward enough for non-lawyers to understand and use, while still providing the necessary legal protection. DIY contracts can cover a variety of interactions, from business agreements to personal arrangements.

DIY contracts are particularly useful for simpler agreements where the stakes are not excessively high and the terms can be clearly defined by the parties involved. However, for more complex transactions or where significant assets or risks are involved, it’s advisable to seek professional legal advice.

Key advantages of DIY contracts include:

1. Cost-Effective: Entrepreneurs often operate with limited budgets, especially in the early stages of their business. DIY contracts can save on legal fees as they can be drafted without the immediate need for an expensive attorney.

2. Time-Saving: DIY contracts can be created using templates and tailored to specific needs, which is much faster than starting from scratch or waiting for a lawyer to draft them.

3. Flexibility: Entrepreneurs can customize DIY contracts to suit the unique aspects of their business dealings, allowing for greater control over the terms and conditions.

4. Legal Protection: Even a simple contract can provide legal protection by clearly outlining the rights and responsibilities of all parties involved.

5. Clarity and Prevention of Disputes: Contracts help prevent misunderstandings by making the terms of a business relationship clear from the outset².

6. Professionalism: Having a written contract can enhance the professional image of an entrepreneur and demonstrate seriousness about their business.

7. Building Trust: Contracts can help build trust between parties by showing a commitment to honor the agreed terms.

8. Reference Point: They serve as a reference for the obligations and expectations of each party, which can be particularly useful in long-term business relationships.

9. Risk Management: By defining the scope of work, payment terms, and other key elements, contracts help manage and minimize business risks.

10. Enforceability: A well-drafted contract can be enforceable in court, providing a remedy if one party fails to meet their obligations.

These advantages make DIY contracts a valuable tool for entrepreneurs looking to establish clear, legally sound, and cost-effective business arrangements.

Legalnaija’s tailor-made DIY agreements are for entrepreneurs. Our legal templates save you time and money, while ensuring your ventures are protected. Get started today and feel the confidence of sound legal backing!

Empower your business with #Legalnaija’s DIY. Follow this link to select your template https://app.legalnaija.com/shop/templates

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DIY Your Legal Agreements With Legalnaija

DIY Your Legal Agreements With Legalnaija

Are you in need of legal documents but dread the thought of hefty legal fees? Worry no more! At LegalNaija (www.legalnaija.com), we empower you with the tools to Do-It-Yourself!

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ICSAN Lagos Chapter Gets New Chairman And Executives

ICSAN Lagos Chapter Gets New Chairman And Executives

ICSAN Lagos State Chapter gets new Chairman and Executives

Lagos State Chapter of the Institute of Chartered Secretaries and Administrators of Nigeria (ICSAN), ushers in a New Chairman and Executives.

Last weekend, the Lagos State Chapter held the Investiture Ceremony of its 12th Chairman, Efosa Ewere, FCIS, and induction of the Executive Committee Members at Radisson Blu Anchorage, Victoria Island, Lagos

The formal event Chaired by Mr. Olatunde Busari, SAN, FCIS, C.Arb was attended by seasoned governance professionals including members of the Governing Council of Institute of Chartered Secretaries and Administrators of Nigeria (ICSAN) and Non- members.

Busari praised Ewere’s attributes of discipline, hard work and commitment to excellence which he said remained consistent through the years he worked with her in various professional capacities.

Mr. Tolu Odukale, a partner and Head of Governance, Risk and Compliance at the Lagos office of KPMG Advisory Services delivered the keynote address themed, “The Triad of Effective Governance: Engage, Empower and Excel,”

Highlighting the germane role of effective governance to business growth and sustainability, Odukale charged members of corporate boards to deploy these tripartite structure of engagement , empowerment and excellence in the strategic governance of their respective organisations.

In her address, the President Institute of Chartered Secretaries and Administrators of Nigeria (ICSAN) and Chairman of the Governing Council, Mrs. Funmi Ekundayo, FCIS, urged members to continue to promote professionalism and ethical standards ICSAN represents.

Congratulating Ewere and the newly inducted executive committee members, Ekundayo expressed a strong conviction that Ewere was capable of leading the Lagos Chapter to achieve greater strides as the flagship chapter.

She advocated for increased collaboration among the different chapters of ICSAN for the benefit of the institute.

In her acceptance speech, the 12th Chairman of ICSAN Lagos Chapter, Ewere, acknowledged the strong foundation laid by past leaders of the Lagos State Chapter and pledged to grow the Lagos Chapter by strengthening capacity of members across all cadres, and promoting knowledge of corporate governance to the grassroots.

High points of the ceremony included the decoration of the 12th Chairman and Oath taking of Allegiance by the EXCO members-
Adebola Babatunde, FCIS – Vice Chairman
Chief Adewale Adeniji, ACIS – Honourary Secretary
Clementina Ramsey-Osere, ACIS- Treasurer
Dauda Amedu Young-David, ACIS- Financial Secretary
Julie Bassey, ACIS – Mobilisation Secretary
Temidayo Odulaja, FCIS – Social Secretary
Irene Attoe, ACIS – Publicity Secretary
Damilola Akinpelu ,ACIS- Assistant Honourary Secretary
Oyekunle Olunukola Idowu, ACIS- Assistant Financial Secretary
Ufuoma Mamoke Ovesuor, ACIS – Assistant Publicity Secretary
Oladoyin Onanuga, ACIS – Assistant Mobilisation Secretary
Alaba Ekundayo, FCIS – Ex-Officio
We bid the 12th Chairman Ms. Efosa Ewere FCIS and the EXCO hearty Congratulations and a successful tenure.

Why Legal Agreements and Proper Records are Essential, Even Among Friends

Why Legal Agreements and Proper Records are Essential, Even Among Friends

Why Legal Agreements and Proper Records are Essential, Even Among Friend

When entering into business with friends, it’s easy to rely on trust and verbal agreements. However, the importance of formalizing such arrangements through legal agreements and maintaining proper records cannot be overstated. Here’s why:

Clarity of Terms: Legal agreements ensure that all parties have a clear understanding of their rights and obligations. This clarity prevents misunderstandings that could strain relationships.

Protection of Interests: Contracts protect the interests of all involved. They serve as a safeguard against unforeseen circumstances, ensuring that personal relationships do not cloud business judgments.

Dispute Resolution: Should disagreements arise, a written agreement provides a framework for resolution. It outlines the agreed-upon terms and can prevent costly legal battles.

Professionalism: Maintaining proper records and legal agreements reflects a professional approach to business. It demonstrates respect for the venture and the individuals involved.

Future Growth: As businesses grow, the need for formal documentation becomes even more critical. Early adoption of this practice sets a strong foundation for future expansion.

Remember, friendships are precious, and so are your business endeavors. Protect both by insisting on proper legal documentation, no matter how close you are with your business partners.

If you need to document your business dealings with friends or others, you can create, customize and download your agreements in less than 5 minutes using our automated contracts available via this link: https://app.legalnaija.com/shop/templates

#LegalAgreements #BusinessEthics #FriendshipAndBusiness

Lawploy for stress free Law practice

Lawploy for stress free Law practice

Lawploy for stress free Law practice

Here are some of the many things you can do on Lawploy apps.

Use Lawploy to get Lawyers to hold your brief in any jurisdiction, very easy and free

Use lawploy to find legal jobs and apply for same

Post jobs on Lawploy and hire the best legal mind for your business

Using lawploy is very easy and free.

There are so much more you can do with Lawploy app as a lawyer.

download the app on play store and apple store.

You can use the web version of lawploy on your browser both on your phone and laptop. Visit www.lawploy.com

Registering is very simple and straightforward.

Kyari Bukar named keynote speaker at DOA’s TMT breakfast series

Kyari Bukar named keynote speaker at DOA’s TMT breakfast series

Kyari Bukar named keynote speaker at DOA’s TMT breakfast series

Chairman of ARCA Payments Limited and former Chairman, Board of Directors of the Nigerian Economic Summit Group (NESG), Mr. Kyari Abba Bukar, has been confirmed as the keynote speaker at the 2024 Technology, Media and Telecommunication (TMT) Business Law Breakfast Series being organised by the law firm of Duale, Ovia and Alex-Adedipe (DOA).

Giving the confirmation on Monday, DOA said Mr. Bukar will speak on “Fostering Innovation and Investments through Enabling Policies, Viable Business & Economic Environment”.

The TMT Business Law Breakfast Series is scheduled to take place on 2nd May, 2024 at Ebony Life Place, Victoria Hall, Lagos under the theme ‘The Nigerian Tech Ecosystem: Policies, Investments, and Global Trade’, the law firm said in an earlier press release.

Commenting on Mr. Kyari Bukar’s selection as keynote speaker, Managing Partner at DOA, Adeleke Alex-Adedipe, said it “is a deliberate choice, reflective of his (Bukar’s) extensive professional background, diverse expertise and profound industry acumen”.

“With a career spanning over three decades encompassing information technology, financial services, entrepreneurship and business, Mr. Bukar possesses a wealth of knowledge and an astute understanding of industry dynamics and governance,” Alex-Adedipe said.

“As a globally renowned thought leader, he adeptly provides comprehensive insights into trade dynamics and international best practices. Furthermore, his pragmatic approach to investment and cultivation of growth within the Nigerian technology landscape serves as a testament to his efficacy as a catalyst for development.

“We are most confident in Mr. Bukar’s ability to impart invaluable insights at the TMT Breakfast Law Series,” he said.

Bukar holds a B.Sc. in Physics from Ahmadu Bello University, Zaria, and an M.Sc in Nuclear Engineering from Oregon State University in the USA. He has worked at Hewlett-Packard USA in Silicon Valley, FSB International Bank (now Fidelity Bank), ValuCard Nigeria Plc (currently Unified Payments PLC), and Central Securities Clearing System PLC.

An alumnus of the Lagos Business School, Wharton Business School, and Harvard Business School, he is co-Founder and Managing Partner of Trans-Sahara Investment Corporation, a Private Equity firm that develops and actively manages direct investments in sub-Saharan Africa, with a focus in West Africa. He also serves on the boards of several companies, including as Chairman, SUNU Assurances Plc; Chairman, Ventures Platform; Independent Non-Executive Director, Standard Chartered Bank Nigeria Ltd, among others.

Besides the keynote speech by Mr. Bukar, the event will also feature a fireside chat and two panel sessions.

The first session on “Unlocking Investments: Policies, Reforms and Regulations” will be moderated by Adeniyi Duale, Partner, Duale Ovia & Alex-Adedipe, while the panellists are Olatubosun Alake, Commissioner for Science, Innovation and Technology, Lagos State; Adesuwa Okunbo-Rhodes, Founder and Managing Partner, Aruwa Capital Management; Femi Ogunjimi, Co-Founder and MD, CardinalStone Capital Advisers; Olumide Soyombo, Angel Investor and Co-Founder, Voltron Capital, BlueChip Technologies Limited, and Tosin Eniolorunda, Founder and Group CEO, Moniepoint (formerly TeamApt).

The second session on “Show Me the Money” will be moderated by Nichole Yembra, Founder and Managing Partner, The Chrysalis Company, while the panellists are Kola Aina, Founding Partner, Ventures Platform; Yanmo Omorogbe, COO and Co-Founder, Bamboo; Olu Oyinsan, Managing Partner, Oui Capital; Dr Femi Kuti, CEO, Reliance Health, and Tosin Faniro-Dada, Partner, Breega.

Earlier, Alex-Adedipe said the TMT Business Law Breakfast Series would serve as a catalyst for collaboration, innovation, and growth in the Nigerian tech sector.

He also noted the role of the event as a forum for stakeholders to assess the current state of the Nigerian tech ecosystem, deliberate on pertinent policies, reforms, and global trade dynamics influencing its trajectory, and identify pivotal challenges and opportunities in catalyzing investment and fostering growth.

The event targets government officials and policymakers, venture capitalists, investors, financial institutions, tech entrepreneurs, startups, innovators, corporate entities, industry leaders and tech enthusiasts, he said.

Save The Date: Capital Market Solicitors Association Announces Annual Business Summit

Save The Date: Capital Market Solicitors Association Announces Annual Business Summit

The Capital Market Solicitors Association (CMSA), under the Chairmanship of Odiaka Vincent Iweze, is thrilled to announce the upcoming Annual Business Summit scheduled for June 6, 2024, at the Oriental Hotel in Lagos. This year’s theme, “Revolutionizing the Nigerian Capital Market Through Innovative Financial Instruments for Sustainable Development,” focuses on transforming Nigeria’s economic landscape through strategic financial innovations.

The 2024 Business Summit is poised to be a pivotal event as Nigeria navigates through the challenges of global financial volatility and local economic dynamics. It aims to spark significant discussions on the utilization of innovative financial instruments to foster sustainable growth and resilience in the capital markets.

The CMSA is excited to introduce the members of the Organizing Committee, who bring a wealth of knowledge and experience to ensure the success of this event:

1. Mr. Oladele Oladunjoye, Chairman of the Summit Organizing Committee & Partner at Greychapel Legal

2. Mr. Chinyereugo Ugoji, Partner at Aelex

3. Mrs. Azeezah Muse-Sadiq, Partner at Banwo & Ighodalo

4. Mr. Adedoyin Afun, Partner at Bloomfield LP

5. Mrs. Tosin Ajose, Partner at Deal HQ Partners

6. Mr. Olujimi Bucknor, Partner at Dentons-ACAS

7. Ms. Simisola Eyisanmi, Managing Associate at Duale, Ovia & Alex – Adedipe

8. Mr. Kunle Soyibo, Partner at Jackson, Etti, and Edu

9. Mr. Ahmad Abdulrazak, Associate at MA Banire & Associates

10. Ms. Abimbola Ifederu, Senior Associate at Olajide Oyewole LLP, DLA Piper Africa

11. Ms. Victoria Anuri, Senior Associate at Templars

The CMSA invites all stakeholders to mark their calendars and prepare for an enriching experience that promises to advance the dialogue on financial innovation and sustainable development in Nigeria. Formal invitations will follow, and ongoing updates will be provided. We look forward to welcoming you to an event that aims not only to discuss but to shape the future of the Nigerian capital market.

For further information, please contact Mr. Oladele Oladunjoye at oladele@greychapellegal.com by email with i.gregory@greychapellegal.com in copy.

 

 

Amendment of Section 24 of the Cybercrimes (Prohibition, Prevention etc) Act 2015: A Fruit of Strategic Litigation | Olumide Babalola

Amendment of Section 24 of the Cybercrimes (Prohibition, Prevention etc) Act 2015: A Fruit of Strategic Litigation | Olumide Babalola

Amendment of Section 24 of the Cybercrimes (Prohibition, Prevention etc) Act 2015: A Fruit of Strategic Litigation | Olumide Babalola

Introduction

Strategic litigation has been defined as “using legal means aiming to ‘bring about broad societal changes beyond the scope of the individual case at hand” (ECCHR) – this simple definition clearly resonates with the subject of this article.

When in 2015, the Federal Government enacted the Cybercrimes (Prohibition, Prevention etc) Act (the Act), the legislation immediately became a ready-made tool of oppression used by politicians against investigative journalists and other voices of dissent. Consequently, in 2016, three civil societies approached me to challenge its constitutionality in court and that marked the beginning of the long-drawn legal battle spanning eight years across national and regional courts.

The offensive provision

Section 24 of the Act provide(d) that:

“Any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that –

(a) is grossly offensive, …or causes any such message or matter to be so sent …commits an offence under this Act and shall be liable on conviction to a fine of not more than N7,000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.”

Our umbrage was against the use of the word “offensive” since it was neither defined nor described under the Act, hence subject to self-centred and inconsistent interpretation by whoever sought to use them.

The Legal battles

On the 23rd day of May 2016, we filed an originating summons at the Federal High Court sitting in Lagos predominantly seeking a declaration that section 24 of the Act violates freedom of speech. The suit was heard by Hon. Justice M.B Idris (now JSC) who struck it out on the 20th day of January 2017.

Undeterred in our quest to rid our laws of such an archaic provision, we approached the Court of Appeal but before the appeal was struck out on the 1st day of June 2018, the court perhaps, appreciated our strategic litigation drive when the presiding justice, Justice J.S. Ikyegh (of blessed memory) held that:

“I commend Mr. Babalola, of learned counsel for the appellants, for the industry and research put in the brief for the appeal and, also, for the secondary copies of the foreign decisions and materials learned counsel graciously made available to the Court for the appeal.”

(Reported as Inc. Trustees of Paradigm Initiative and Attorney General of the Federation (2018) LPELR – 46655(CA).

Even though at that time, it seemed we lost the appeal but now it is clear we actually won! I will explain this later. Again, we proceeded to the Supreme Court where we lodged another appeal and filed our brief since 2019 but up till this moment, no date has been fixed for the appeal due to the unimaginable workload of the apex court – I hope the judiciary finds a way out of this unpleasant reality soon!.

 

 

Our strategic (litigation) move

The Community Court of Justice (ECOWAS) court presents another avenue for litigants to ventilate their issues where they cannot get justice before the national courts. Unlike the African Commission, the ECOWAS court does not have a procedural rule that requires the exhaustion of local remedies before approaching the court.

 

So, in 2018, we represented another civil society before the ECOWAS court where the same provisions were challenged and thankfully on the 10th day of July 2020, the court delivered judgment in our favour thus:

 

“The Defendant State (Nigeria), by adopting the provisions of section 24 of the Cybercrime (Prohibition, Prevention etc) Act 2015 violated Articles 9(2) of the African Charter on Human and Peoples Rights and 19(3) of the International Covenant on Civil and Political Rights.”

The court then consequently ordered Nigeria to repeal or amend Section 24 of the Cybercrime Act 2015 in accordance with her obligations under the African Charter and International Covenant on Civil and Political Rights (ICCPR). (See Inc. Trustees of Laws and Rights Awareness Initiative v Federal Republic of Nigeria (ECW/CCJ/JUD/16/20).

Like many other ECOWAS court decisions, the judgment was not obeyed by the Nigerian government, hence we wrote letters to the Attorney General of the Federation and we even filed other strategic suits for the interpretation of relevant sections of the Constitution including questions on whether or not the Attorney General is duty-bound to advise the government to comply with judgments of the ECOWAS court – the appeal is still pending.

The Results after eight years of litigation

Finally, on the 28th day of February 2024, the Federal Government signed into law the Cybercrimes (Prohibition, Prevention etc) (Amendment Act) giving effect the judgment of the ECOWAS Court.

The nebulous and problematic part of Section 24 (reproduced above) has now been repealed and replaced to read:

“Any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that –

(a) Pornographic: or

(b) He knows to be false, for the purpose of causing a breakdown of law and order, posting a threat to life or causing such message to be sent… commits an offence under this Act and shall be liable on conviction to a fine of not more than N7,000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.” (Emphasis mine).

This new-look section 24 even though not Eldorado, is a better version which aligns more with democratic dictates and expectations.

Other low-hanging fruits for privacy and data protection.

At the Court of Appeal, before striking out the appeal, Hon. Justice B.A. Georgewill, JCA significantly held that:

“I only wish to state that the provision of Section 38 of the Cybercrime (Prohibition, Prevention etc) Act 2015, though neither unconstitutional: nor null and void, needs a further look at by the National Assembly of the Federal Republic of Nigeria with a view to, in my respectful opinion, amending it to subject the exercise of powers or right to request for the release of any information required to be kept by service providers to the order of a Court of competent jurisdiction to be obtained upon an exparte application on due particulars showing prima facie reason why such information or data should be released by the service provider to the ‘Relevant Authority’. In my humble opinion to leave the provisions of Subsections 2(b) and 3 of Section 38 of the Cybercrime Act, 2015 as it is would clearly be and indeed amount to an invitation and encouragement of unbridled interference with the rights of the citizen to the privacy of their communications at the whims and Caprices of the relevant authority and or law enforcement agencies. There should he some form of legal checks on the wide discretion given to the relevant authority and law enforcement agencies in the operation of the Cybercrime Act 2015, more particularly in a developing democracy such as ours where abuse and or arbitrary use of powers is wont to occur. The provisions of Sections 37 and 39 of the Constitution of Nigeria 1999 (as amended), though not absolute, is sacrosanct and must not be made nonsense of by provisions of any law capable of exposing these rights to jeopardy without any legal check.”

As a remote or proximate reaction to the court’s admonition above, section 38 of the Act has also been amended to read:

“(1) A service provider shall keep and protect specific traffic data and subscriber information in accordance with the provision of the Nigeria Data Protection Act and as may be prescribed by the relevant authority for the time being, responsible for the regulation of communication services in Nigeria, for a period of two years”

This amendment is also commendable since it recognises the NDPA as the principal Act regulating access to personal data (including traffic data).

Conclusively, strategic litigation does not always have to end in court victories, focus should be on its effect on policy change and societal consciousness. It is comforting to see the much-abused section 24 of the Act amended into a better-looking provision. Kudos to the civil societies that championed this cause.

 

 

 

 

 

 

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Save The Date: DOA TMT Business Law Breakfast Series 2024

Save The Date: DOA TMT Business Law Breakfast Series 2024

Everyone should be a part of the @doalaw TMT Business Law Breakfast Series 2024!

Duale, Ovia and Alex-Adedipe (DOA) is putting together an amazing Technology, Media and Telecommunication (TMT) Business Law Breakfast Series.

The Session will speak on “Fostering Innovation and Investments through Enabling Policies, Viable Business & Economic Environment”, will include a fireside chat, panel sessions among other amazing things lined up.

Partner, Duale, Ovia & Alex-Adeleke, Adeleke Alex-Adedipe, will give the opening remarks at the event, and the first session on “Unlocking Investments: Policies, Reforms and Regulations” will be moderated by Adeniyi Duale, Partner, Duale Ovia & Alex-Adedipe, while the panellists are Olatubosun Alake, Commissioner for Science, Innovation and Technology, Lagos State; Adesuwa Okunbo-Rhodes, Founder and Managing Partner, Aruwa Capital Management; Femi Ogunjimi, Co-Founder and MD, CardinalStone Capital Advisers; Olumide Soyombo, Angel Investor and Co-Founder, Voltron Capital, BlueChip Technologies Limited, and Tosin Eniolorunda, Founder and Group CEO, Moniepoint (formerly TeamApt).

Similarly, the second session on “Show Me the Money” will be moderated by Nichole Yembra, Founder and Managing Partner, The Chrysalis Company, while the panellists are Kola Aina, Founding Partner, Ventures Platform; Yanmo Omorogbe, COO and Co-Founder, Bamboo; Olu Oyinsan, Managing Partner, Oui Capital; Dr Femi Kuti, CEO, Reliance Health, and Tosin Faniro-Dada, Partner, Breega.

The event, which comes under the theme ‘The Nigerian Tech Ecosystem: Policies, Investments, and Global Trade’, will serve as a catalyst for collaboration, innovation, and growth in the Nigerian tech sector, DOA said earlier in a concept note announcing the opening of registration portal for the event.

Reflecting on the significance of the event, Managing Partner of the firm Adeleke Alex-Adedipe, noted its timely occurrence amidst substantial growth in Nigeria’s tech landscape.

#doable #legalnaija #doabreakfastsession