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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.
Ivie Omoregie: The Importance of Contracts;Especially When Dealing with Friends

Ivie Omoregie: The Importance of Contracts;Especially When Dealing with Friends

by | Oct 11, 2016 | Uncategorized


The importance of
contracts
Over the years, in my
professional capacity, as well as in my personal life, I have seen extremely
ugly disputes erupt amongst people who would have once referred to themselves
as close friends or family; all because they attempted to do business or engage
in a project together which subsequently went pear shaped. I often tell people
‘even if you are going into business with your mum, make sure you sign
something setting out, in clear terms, exactly what is expected from each party’.

The importance of formally
documenting proposed business obligations cannot be over stated. Some people
believe it might be insulting to the other party if seemingly out of nowhere
they bring a document for that party to review and sign; but I always stress
that prevention is better than cure, and in most instances, to actually save a
friendship one has to be objective and follow due process.  If you were
doing business with a stranger, you would certainly mandate that the two of you
sign something to show each-others clear intentions…. So why should this change
because you are dealing with your “best friend”.
The Principals Behind
Legally Binding Contracts
The foundations of legally
binding contracts are premised on intention, an offer, acceptance of that offer
and valid consideration. Each party to a contract acquires rights and duties
relative to the rights and duties of the other parties.
Key elements for the
formation of a legal contract include: –
a.      Intention
– all parties must have intended to create relations by entering into the
contract;
b.     Offer
– there must be a valid, definite and clearly stated offer to do something;
c.      Acceptance
– this must be unequivocal and unconditional, and must be in accordance with
the terms of the initial offer; and
d.     Consideration
– this may be in any form accepted by both parties, aside from a monetary
consideration, it can also take the form of physical objects, promised actions,
services, absence from future actions and the list goes on.
The general position of
legal authorities is that any contract is legally binding and enforceable where
the parties to the contract, at the time of entering into the contract, had the
intention to be bound to the terms of the contract. All courts around the world
appreciate that the sole objective of a legal contract is to define the
agreement that the parties have consented to enter into, thus fixing their
rights, duties and obligations in-line with what has been clearly set out in
the contract. There is no legal body empowered to enforce the terms of a
contract which does not exist.
Capacity to Contract
In saying this, I must
stress that there are instances where a party to a contract may be deemed as
lacking the capacity to enter into the contract, thus the contract regarded as
unenforceable where some laws which relate to that nature of person are not
duly complied with.
These persons include: –
a.      An
Illiterate – this is generally a person who cannot read or write in the
language in which the contract has been executed;
b.     An
Infant – this is persons under the age of 21 (with an exception being
contracts for the sale of goods)
c.      A
Lunatic or Person of Unsound Mind – however
in these instances, a contract entered into with a lunatic at lucid intervals
is valid (here the test for determining whether someone is a lunatic is not
quite clear under Nigerian law, as we often see “many are mad but few are
raving”)
d.     A
Drunkard – again the test for differentiating a drunkard from someone
who likes to drink often is somewhat grey, however where it can be proved that
the drunkard was sober at the time of entering into the contract then the
contract would be binding.
Parties to a contract are
bound by the terms of that contract, even in instances where the terms are more
favorable to of the parties; as long as the contract is not the result of
duress, undue influence or fraud, it is not the duty of the courts to determine
the business viability of the contract terms.
Key Clauses
I must empathize that the
contract does not have to perfectly drafted to be binding, although advise from
a professional would always be a best case scenario, in the event that this is
not possible, parties may simply google the applicable template and adapt to
suit their needs, or write out some pivotal points on a sheet of paper and
sign. 
The following are some
vital clauses I would advised to be included in every contract: –
1.       Commencement
Date – this is the date upon which the contract will be deemed as validly
existing;
2.      Parties
– here you list the names and addresses of the parties to the contract, where
any of the parties is a company, one may also include the company registration
number, and the country in which the company was registered;
3.      Recital
– this is a clause which details briefly the facts surrounding the transaction,
and may be narrative or introductory by nature. For example, in a contract for
the sale of goods it would be narrative and would tend to specifically state how
the seller came about possession of the goods;
4.      Consideration
clause – as titled, this clause details the consideration for the transaction;
5.      Receipt
clause – here the party receiving the consideration accepts receipt of same, or
where the consideration is not of a tangible nature confirms acceptance of
whatever consideration has been proposed;
6.     Capacity
– this clause confirms the party’s capacity to enter into the contract;
7.      Termination
clause – this usually details what constitutes a significant breach or several
events which could lead to termination if not rectified within a specified
period of time;
8.     Choice
of law clause – this clause details which laws will govern the contract, there
must be a rational reason for the choice of law specified, as the laws of
different jurisdictions may affect the parties differently;
9.     Alternative
dispute resolution clause – this clause creates an obligation for the parties
to submit their dispute to any of the alternative dispute resolution options.
It may also detail a course of actions both parties need to take in order to
rectify any possible discrepancies; and
10.   Signature
– parties should bear in mind the signatory requirements of a company.
Conclusion
The truth is, there are
several multi billion naira industries, which have been successfully operating
in Nigeria over several decades, established by a simple gentleman’s handshake.
Many people believe that in an attempt to be over diligent one can end up over
complicating the matter and set the foundation for distrust; akin to getting a
prenup before entering into a marriage. 
Many people, especially in
the Nigerian jurisdiction, because of the difficulties experienced or the
tedious nature of the litigation procedure, believe that most contracts are not
worth the paper they are written on. They believe that in most instances when
one or more of the parties involved purposely and disrespectfully rescinds on
their contractual obligations, little to nothing can be done to immediately
rectify the situation. The truth is the Nigerian court system is over
saturated, with final judgment often taking several years from the date of the
initial application. However, where the dispute is amongst related parties, any
mutual friend may intervene and give their objective interpretation of the
terms of the contract.

Ivie is a commercial lawyer, with experience and keen
interest in projects and transactions work within the Sub Saharan African region.
She is called to practice in England and Wales and Nigeria.
Ed’s Note – This article was originally published here. 

Powers of National Security Agencies in Nigeria

Powers of National Security Agencies in Nigeria

by | Oct 10, 2016 | Uncategorized




According to Wikipedia, National security is a concept that a government, along with
its parliaments, should protect the state and its citizens against all kind of
“national” crises through a variety of power projections, such
as political power, diplomacy, economic power, military might, and so on.

Nigeria like every other
nation has Security Agencies in addition to the Police and the Armed Forces.
For instance the United States of America has the Federal Bureau of
Investigations (FBI), the Department of Homeland Security and the Central
Intelligence Agency (CIA). The United Kingdom also has MI6. Likewise Nigeria
has its own agencies with similar duties as the agencies stated above.  
 These agencies are provided for in the
National Security Agency Act. The Act is An Act to
disband the Nigeria Security Organization and to create three security
agencies, charging each with the conduct of the relevant aspect of the national
security, and other related matters.
The Act states that
– 
There
shall, for the effective conduct of national security, be established the
following National Security Agencies –
       (a)       the Defence Intelligence Agency;
       (b)       the National Intelligence Agency; and
      
(c)        the State Security Service (SSS).
The respective agencies
also have their duties outlined. Section 2(1) of the Act provides that the
Defence Intelligence Agency shall be charged with responsibility for-
 (a)  the
prevention and detection of crime of a military nature against the security of
Nigeria;
  (b)the
protection and preservation of all military classified matters concerning the
security of Nigeria, both within and outside Nigeria;
 (c) such other responsibilities
affecting defence intelligence of a military nature, both within and outside
Nigeria, as the President, or the Chief of Defence Staff, as the case may be,
may deem necessary.
  Subsection 2 of the
Act provides for the duties of the National Intelligence Agency and states that
it shall be charged with responsibility for-
  (a) the general maintenance of the security of
Nigeria outside Nigeria, concerning matters that are not related to military
issues; and
    (b)such other responsibilities
affecting national intelligence outside Nigeria as the National Defence
Councilor the President, as the case may be, may deem necessary.
 Furthermore Subsection 3
provides for the State Security Service and provides that, The State Security
Service shall be charged with responsibility for-
(a) the prevention and detection within
Nigeria of any crime against the internal security of Nigeria;
 (b) the protection and preservation
of all non-military classified matters concerning the internal security of
Nigeria; and
 (c)such other responsibilities
affecting internal security within Nigeria as the National Assembly or the
President, as the case may be, may deem necessary.
 The National Intelligence
Agency is Nigeria’s version of the Central Intelligence Agency, while the State
Secret Service (SSS) is Nigeria’s version of the FBI.  The Act States in Section 4, that the powers
of these agencies shall have effect regardless of any law to the contrary. It
should be noted that the exception to this provision will be the Constitution
of the Federal Republic of Nigeria.  However,
the Supreme Court noted in Dokubo -Asari
v. F.R.N. (2007) ALL FWLR (Pt. 375) 558 at 585; Paras B – E & F – H (SC),
that “where national security is threatened or there is the real likelihood of
it being threatened, human rights or the individual right of those responsible
take second place. Human rights or individual rights must be suspended until
the national security can be protected or well taken care of”. 
This rule of law is not
new as the court further posits that, “the corporate existence of Nigeria as a
united, harmonous, indivisible and and indissoluble sovereign nation, is
certainly greater than any citizen’s liberty or right. Once the security of
this nation is in jeopardy and it survives in pieces rather than in peace, the
individual’s liberty or right may not even exist”.
 The Act also makes provision for 2 advisory
councils namely The National Defence Council and The National Security Council,
while also providing for their duties and functions. 
 The above mentioned
agencies are established by the Act to promote and protect the National
Security of Nigeria. 
Adedunmade Onibokun Esq.
@adedunmade 
dunmadeo@yahoo.com 
Photo credit – Premiumtimesng.com