by Legalnaija | Nov 29, 2024 | Blawg
Annual Conference of the Nigerian Institute of Chartered Arbitrators: A Summary of Day One
The Annual Conference of the Nigerian Institute of Chartered Arbitrators(28th and 29th of November) at the prestigious Eko Signature Hotel, Lagos. Themed “Transformation and Intervention: The Evolving Trends in Arbitration & ADR Practice in Africa,” the conference brought together leading practitioners, academics, policymakers, and stakeholders to discuss the dynamic developments shaping Arbitration and Alternative Dispute Resolution (ADR) across Africa.
Opening Ceremony
The first day began with opening remarks by Professor Yusuf Olaolu Ali, Chairman of the Planning Committee, followed by the address of the Institute’s Chairman, Professor Fabian Ajogwu, SAN, FCIArb. Both speakers emphasized the importance of fostering innovation and collaboration to advance arbitration practices across Africa.
The highlight of the opening session was the Keynote Address, delivered on behalf of Professor Benedict Oramah, which provided a comprehensive appraisal of the conference theme. The address emphasized the need for governments to take a proactive role in nurturing the growth of Arbitration in Africa, aligning legal frameworks, and creating enabling environments to attract global confidence in the region’s ADR capabilities.
Plenary Session 1
This session featured a distinguished panel of experts: Professor Emilia Onyema, Dr. Wale Babalakin, SAN, and Dr. Enga Kameni, moderated by Mrs. Funke Aboyade, SAN, FCIArb.
The panel explored the current state of Arbitration and ADR in Africa, noting significant progress in legislative reforms, the establishment of arbitration centres, and the increasing recognition of arbitration as a viable dispute resolution mechanism. However, they also highlighted persistent challenges, including issues of accessibility, political interference, and the enforcement of awards. The discussion underscored the need for continuous capacity-building and regional collaboration to address these obstacles effectively.
Plenary Session 2
This session brought together a panel of arbitrators and judges, including Folashade Alli, SAN, C.Arb, Honourable Justice Ayokunle Faaji, FCIArb, and Anne Ekongolo, moderated by Chukuma Ezeala, FCIArb.
The discourse revolved around the critical role of governments in shaping Arbitration and ADR landscapes in Africa. The panelists observed that while many African governments have supported arbitration through legislative and judicial reforms, challenges such as political interference and inconsistent enforcement of awards persist. A key recommendation was to encourage more judges to adopt arbitration practices and award costs against parties that intentionally frustrate proceedings.
The session concluded with unanimous agreement that sustained government support and commitment are essential for the long-term growth and credibility of Arbitration and ADR in Africa.
Plenary Session 3
The third plenary session, moderated by Edith Onwuchekwa, FCArb, featured contributions from Hon. Prof. Kariuki Muigua, Ph.D., OGW, FCIArb, Ch.Arb, Guled Yusuf, Funke Adekoya, SAN, C.Arb, and Hon. Justice Ayotunde Phillips, FCArb.
The discussion centered on the importance of adherence to international best practices and due process as non-negotiable elements for Africa’s readiness to thrive in global Arbitration and ADR. The panelists stressed the need for capacity-building initiatives, legal transparency, and compliance with international standards to enhance Africa’s reputation as a hub for resolving complex disputes.
the day programme concluded with two concurrent breakout sessions addressing specific sectors and emerging trends:
Breakout Session 1 addressed “Arbitration/ADR in the African Extractive Industry: Lessons Learnt and Way Forward” This session explored the role of Arbitration and ADR in resolving disputes in the mining, oil, and gas sectors. Panelists discussed the complex nature of disputes in the extractive industry and how Arbitration can provide more flexible and efficient solutions compared to traditional litigation. While Breakout Session 2 addressed “Emerging Trends in Arbitration/ADR: Insolvency, Tax-Related Matters, Banking/Finance, and SMEs” This session focused on the evolving challenges in resolving disputes in finance, taxation, and insolvency, emphasizing the growing relevance of Arbitration and ADR in addressing the needs of SMEs and other stakeholders in these sectors.
The event was formally closed by a closing remark given by Mrs. Shola Oshodi-John, FCArb, the Registrar and CEO of the Institute, who commended participants for their contributions and reiterated the importance of fostering dialogue and innovation in Arbitration and ADR practice across Africa. She also urged delegates to participate in the cocktail session by interacting with other delegates and speakers present.
by Legalnaija | Nov 29, 2024 | Blawg
Introduction
Artists, songwriters, producers and other stakeholders in the music and entertainment industries must comprehend the nuances of master and publishing rights. Each of these two separate but related rights governs distinct elements of a musical composition each with its own sources of income and legal ramifications.
Understanding Master and Publishing Rights
In the context of sound recordings master rights refer to the ownership of a master recording. These are frequently owned by the organization that provides funding for the recording, which could be the artist if it was self-funded or a record label. How the recording is used, distributed and reproduced in the media is up to the owner of the masters rights. Synchronization licensing or sync licenses for the use of recordings in movies or advertisements for instance is covered by master rights.
Important Legal Aspects of Masters Rights.
Under copyright legislation master rights serve as the cornerstone for the protection, commercialization and distribution of sound recordings. These rights comprise the established legal precedents pertaining to ownership duration licensing terms and the laws regulating their application and implementation.
- Ownership of Master Rights
i) Artist Ownership
Frequently, independent musicians keep their master rights which allows them to control how the recording is used and receive full payment.
Control over Creativity and Finances.
Independent artists don’t require any permission from third party organizations to license their recordings for use on streaming services and sync partnerships along with other uses. By maintaining the master rights, they are better able to control the terms of use pricing and distribution methods for their songs.
The Difficulties Faced By Independent Artists:
While the master rights ownership is admittedly a more freeing and artistically inclined experience, it also means that the artist will have to be ready to cover the bills that come with production, marketing and distribution. Independent artists just starting out will most likely not have access to the resources and finances readily available in record labels, possibly restricting their capacity to succeed financially and gain market share.
- ii) Label Ownership
Artists often enter into contracts with record labels that include the acquisition of master rights. Some labels consider this to be an important part of the negotiation process and will not take no for an answer. The labels contribute to the cost of professional production marketing initiatives, distribution networks and recording sessions while the artists transfer ownership of their master recordings to the label either permanently or temporarily in return.
Revenue Sharing:
Artists are usually paid royalties on the earnings earned from the master recordings. Although the percentage varies depending on the contract many artists get between 10 and 20 percent of net profits. Labels maintain control of the majority stake which they defend as payment for their investment. Certain contracts contain clauses that let artists reclaim their master rights after a predetermined period of time or after fulfilling specific requirements.
- Duration of Master Rights.
The term of protection for master rights differs by the local jurisdiction, although it is usually for several decades.
International Standards (the Berne Convention):
The Berne Convention, which unifies copyright regulations among participant countries, establishes a 50-year period of protection for sound recordings starting from the date of publication. This time frame is extended by many nations such as the European Union to 70 years following the release of the recording or the death of the inventor.
Copyright laws in the United States:
For 85 years following publication or 120 years following invention whichever comes first, sound recordings made in the United States after February 15, 1972 are protected. Depending on state legislation and federal changes older recordings may be subject to different standards.
Understanding Publishing Rights
Conversely, the underlying composition—the melody arrangement and lyrics—is covered by publishing rights. Typically publishers and songwriters own these rights. They have authority over the works’ public performances, distribution and reproduction. Publishing rights are involved when a composition is licensed for covers or movie adaptations.
- Split ownership of publishing rights.
A music publisher and the songwriter or songwriters often share publishing rights which leads to a division of duties and royalties.
Songwriters’ Ownership:
Due to their role in the creation of the composition (melody and lyrics), songwriters are still entitled to publishing rights. This share could be anywhere between fifty percent and the majority of the rights depending on the terms of the contract. Ownership is divided equally among many songwriters who work together and this needs to be recorded in a split sheet to prevent disputes.
Earnings:
Songwriters are compensated with royalties for their synchronization, performance and mechanical rights. The role of the publisher may also give them administrative control over the licensing of their compositions.
Music Publishers’ Role in Ownership
Publishers manage the market, promotion and profit from the composition in return for a share of the rights. Among their duties are licensing the composition, obtaining synchronization and cover opportunities and collecting royalties.
Standard splits:
Songwriters and publishers typically share publication rights 50/50 but this is not always the case. Self-publishing independent songwriters keep all rights but they are also in charge of all marketing and administrative duties. In foreign markets the composer may be represented by sub-publishers who will keep a share of the publisher’s profits while permitting local licensing and royalties to be collected.
Examples of Legal Cases.
There have been notable court cases pertaining to publishing rights most of which have involved ownership transfers, license conditions and royalties.
Music Mills Inc. v. Snyder in 1985.
The Supreme Court considered a publisher’s right to retain a share of earnings from derivative works produced after the songwriter terminated the initial transfer of rights. The idea that the original creator maintains complete ownership of any rights that are terminated was upheld by the Court’s ruling in favor of the songwriter.
Williams v. Gaye (2018): A Case of Blurred Lines.
A lawsuit was filed against Robin Thicke and Pharrell Williams for allegedly violating Marvin Gaye’s song Gotta Give It Up. The court found that there had been a violation of Gayes publishing rights and granted significant damages.
Conclusion
Intellectual property in the music industry is complicated as demonstrated by the relationship between master and publication rights. Participants need to be well-informed about these rights and their legal basis in order to optimize profits and reduce disputes. In order to guarantee fair and sustained business growth as the digital music economy develops these challenges must be addressed by robust legal frameworks and open processes.
Eniola Sultan Olatunji is a final-year law student of the University of Ibadan, and an aspiring corporate lawyer with a focus on Entertainment, Data Privacy, and Commercial Law. A talented writer, Eniola looks forward to working with top companies in the nearest future.
Sources
- Bolero Music: “Master vs Publishing Rights in Music IP” https://www.boleromusic.com/blog/master-vs-publishing-rights-music-ip
- Releese Help Center: “What is the difference between master rights and publishing rights? https://support.releese.io/hc/en-us/articles/23100485505947-What-is-the-difference-between-master-rights-and-publishing-rights
- Icon Collective: “How Music Royalties Work in the Music Industry” https://www.iconcollective.edu/how-music-royalties-work
- Case law: Mills Music, Inc. v. Snyder (1985), Grand Upright Music, Ltd. v. Warner Bros. Records Inc. (1991) https://en.wikipedia.org/wiki/Grand_Upright_Music,_Ltd._v._Warner_Bros._Records_Inc
- U.S. Copyright Office – Circular 56A: Copyright in Sound Recordings https://www.copyright.gov/circs/circ56a.pdf
by Legalnaija | Nov 28, 2024 | Blawg
CONGRATULATORY MESSAGE FROM AARE OLUMUYIWA AKINBORO, SAN ON YOUR EMERGENCE AS THE COUNTRY VICE PRESIDENT AND NATIONAL PRESIDENT, INTERNATIONAL FEDERATION OF WOMEN LAWYERS (FIDA) NIGERIA
I write with profound joy to extend my warm and hearty congratulations to you on your emergence as the Country Vice-President, International Federation of Women Lawyers (FIDA) Worldwide and National President of FIDA Nigeria.
Your election by Women Lawyers in Nigeria to lead the Federation at this time is a testament to the excellent qualities that you represent and your commitment to the advancement and protection of the rights and courses of Women and Children across the country. I am convinced that given your experience and track-record, FIDA Nigeria is in safe hands and that you have been further incentivized to continue to champion the rights of Women and Children.
I wish you an impactful tenure full of visible achievements particularly in the area of women empowerment and advancing the frontiers of women and children rights in Nigeria. I pray that the almighty God will give you the strength and wisdom to pilot the affairs of the Federation and to drive its objectives to enviable heights.
Once again, Congratulations!
Aare Olumuyiwa Akinboro SAN, FCIArb (UK), Life Bencher.
Past General Secretary, Nigerian Bar Association.
by Legalnaija | Nov 28, 2024 | Blawg
Revolutionizing the Legal Industry with Document Automation
In the fast-paced world of law, efficiency and precision are crucial. Enter **document automation**—a groundbreaking innovation that’s transforming the legal landscape. This novel technology is changing how legal professionals and businesses handle their documentation, saving time, reducing errors, and enhancing productivity.
What is Document Automation?
Document automation, also known as contract automation, involves creating customizable templates for legal documents. Users can tailor these templates to meet their specific needs through an online platform. This process eliminates the repetitive tasks of manual drafting and ensures consistency across all legal documents.
The Impact on the Legal Industry
For lawyers, paralegals, and law firms, document automation offers numerous advantages:
– Increased Efficiency: Streamlining the document creation process allows legal professionals to focus on more complex tasks, such as strategy and client consultations.
– Consistency and Accuracy: Automated templates ensure that all necessary clauses and legal language are included, reducing the risk of errors and omissions
– Cost Savings: By minimizing the time spent on drafting documents, law firms can reduce billable hours and offer more competitive pricing to clients.
Benefits for Businesses
Businesses of all sizes can reap the rewards of document automation:
– Speed and Convenience: Companies can generate contracts, agreements, and other legal documents in minutes, not hours, accelerating business processes.
– Compliance and Risk Management: Standardized templates help ensure that all legal documents adhere to the latest regulations and best practices, mitigating legal risks.
– Scalability: As businesses grow, the need for legal documentation increases. Document automation allows companies to scale their operations without a proportional increase in legal workload.
Automate Your Legal Contracts on Legalnaija
Legalnaija is at the forefront of this revolution, offering a seamless platform for automating your legal documents. Our easy-to-use online system lets you customize contract templates to fit your unique requirements, ensuring you get the legal protection you need without the hassle.
Visit https://legalnaija.com today to explore our document automation services and experience the future of legal documentation. Empower your practice and business with the efficiency and accuracy of automated legal documents.
by Legalnaija | Nov 28, 2024 | Blawg
A great book isn’t just a gift, it’s an enduring resource that aids professional growth and personal development. Show the lawyers in your life that you value their passion and dedication by giving a gift that aligns with their interests. Whether it’s a Christmas gift, a token of appreciation, or a surprise for a friend aspiring to study law, our books are the perfect choice.
This Black Friday, we have curated an exclusive selection of law books that will make the perfect holiday gifts for the lawyers and law enthusiasts in your life. From timeless classics to cutting-edge legal texts, our collection has something for everyone.
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Spread the word and take advantage of these unbeatable Black Friday deals! Empower the lawyers in your life with knowledge that lasts a lifetime. Happy shopping and happy holidays from Legalnaija!
by Legalnaija | Nov 28, 2024 | Uncategorized
DOCUMENTARY EVIDENCE
Evidence tendered by the use of documents is simply referred to as documentary evidence. Section 258(1) of the Evidence Act, 2011, has defined the word document very extensively to include books, maps, plans, graphs, drawings, photographs, discs, tapes, soundtracks, films, negatives, computer outputs and so on. Documentary evidence is of two types to wit- private and public documents.[1]
It should be noted that be it private or public, the best evidence of the contents of a document is the production of the document itself.[2] Thus, the contents of a document can only be proved by tendering its original copy or secondary evidence thereof, upon proper foundation being first laid for the admissibility of such secondary evidence. Section 88 of the Evidence Act has provided that documents shall be proved by primary evidence, except in the cases and instances stipulated in the Evidence Act.
Primary Evidence
As brilliantly captured by the provisions of Sections 85 and 88 of the Evidence Act, the contents of documents may be proved either by primary or secondary evidence. Section 86 of the Act has described primary documentary evidence to mean the original document itself; each part of a document executed in several parts; the counterpart of a document executed by a party; and documents made by one uniform process (printing, photography, electronic process), each of which shall be the primary evidence of the contents of the rest.
Secondary Evidence
Secondary evidence includes certified copies in line with the Act; copies made from the original by electronic or mechanical processes; copies made from or compared with the original; counterparts of documents as against the parties who did not execute them; and oral accounts of the contents of a document given by some person who has himself seen it.[3]
A photocopy of a document be it private or public, being secondary evidence of the contents of the original, is inadmissible. However, for such secondary evidence to be admissible, the proper foundation must be laid. The instances by which secondary evidence may be given are as provided under Section 89 as follows:
- When the original is in the possession of the adversary;
- When the original has been destroyed or lost and a search has been made for it in the latter case;
- When the original is not movable;
- When the original is a public document within the meaning of Section 102, Evidence Act;
- When the original is a document of which a certified copy is permitted;
- When the original consists of documents which cannot be conveniently examined in court, etc.
The Lawyers Directory
Admissibility of documentary evidence
It has now become trite that the admissibility of a document and the evidential weight to be attached to it are very distinct. See ISMAILA v. MATHEW.[4] For a document to be admissible, it has to pass through the tripartite criteria of:
- Being pleaded;
- Being relevant; and
- Being admissible in law.
ASSESSMENT DRILLS
- Evidence Act, 2011 defines evidence to mean:
- The fountainhead of a party’s case
- The instrument regulating the procedure of evidence in the Nigerian legal system
- quasi meaning
- none of the above
- Evidence includes the following:
- Testimony
- Oral evidence
- Depositions
- All the above
- The Evidence Act empowers the Attorney General of the Federation to make regulations in respect to admissibility of evidence under Section:
- 252
- 245
- 254
- 255
- Rules of Court form part of the legal framework of the law of evidence:
- Probably
- Undecided
- No
- Yes
- Affidavit evidence is most appropriate in matters initiated by:
- Writ of summons
- Writ of execution
- Originating claims
- Originating summons
- Your answer in No 5 above is because the matter is:
- Contentious
- Equilibrium
- Potentially contentious
- Non-contentious
- Documents attached to an affidavit:
- Do not concern the court
- Form part of the evidence
- Need not be admissible ordinarily
- B and C above
- Brail is deemed and considered to be oral evidence:
- Probably
- Undecided
- No
- Yes
- Re-examination is employed to:
- Restate evidence
- Re-strategize
- Clear ambiguities
- Clear ambiguities and restore credibility
- The best evidence of the contents of a document is:
- Primary evidence
- Secondary evidence
- Private evidence
- Original
Wale Adeagbo AICMC is a Litigation and Dispute Resolution Attorney. He is the Principal Counsel of Wale Adeagbo Legal. He can be reached via email
waleadeagbo20@gmail.comREFERENCES
[1] Sections 102 and 103, Evidence Act.
[2] Ogah v Ikpeazu (2017) 17 NWLR (Pt. 1594) 299 at 343
[3] Section 87, Evidence Act.
[4] (2017) All FWLR (Pt. 891) 824 @ 836 CA
by Legalnaija | Nov 28, 2024 | Blawg
INTRODUCTION
Under the adversarial system of trial which Nigeria practices, the Court itself cannot undertake a search for relevant evidence, but must reach its decision solely on the basis of such evidence as is presented by the parties.[1]
In the Nigerian legal atmosphere, one of the radars that has been constant is the finding of facts before a Court, which stipulates that it is the responsibility of each party to adduce evidence that proves its claims, and/or to disprove the claim of either party.
From the above, it is not in doubt that parties to a case, therefore, sink or float by the pieces of evidence they place before the Court, in establishing their claims and disproving the claims of the adversary.
WHAT IS EVIDENCE?
The term “evidence” lacks a statutory definition. In FEDERAL REPUBLIC OF NIGERIA v. MIKE,[2] the Court remarked that, like other concepts in law, there can be no universally accepted definition of evidence. However, the judiciary through cases has provided some definitions for the term. In ONYA & Ors v. OGBUJI & Ors,[3] the Court defined evidence in the following words:
“The term evidence has been aptly described as any specie of proof, or probative matter legally presented at the trial of any issue, by the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc. for the purpose of inducing belief in the mind of the court or jury as to their contentions.”
Also, in LAWAL v UNION BANK OF NIGERIA PLC,[4] the Supreme Court, while explaining the meaning of evidence held that:
“Evidence, as used in judicial proceedings has several meanings. In one sense, it means the testimony, whether oral, documentary or real which may legally be received in order to prove or disprove some fact in dispute. Evidence in a judicial proceeding does not consist of oral evidence alone and proof of a fact can be documentary.”
In simple terms, evidence is central to the case of any party, as it forms the fulcrum upon which the success of the case of a party rest.
THE LEGAL FRAMEWORK FOR THE LAW OF EVIDENCE
The major Legal framework for the law of Evidence in Nigeria is as stated below:
- The Constitution of the Federal Republic of Nigeria, 1999 (as amended);
- The Evidence Act, 2011;
- Decisions of the Nigerian courts of record;
- Decisions of courts of a foreign jurisdiction;
- The Rules of Courts, and Practice Directions;[5]
- Regulations, practice or reference directions made by the Attorney-General of the Federation.[6]
THE GOLDEN PRE-TRIAL RULES
Asides from the fact that evidence is undoubtedly the centerpiece of a party’s case, and it is basically during the trial or hearing of such case that the evidence is to be admitted or rejected by the Court, it is equally important to take note of basic preliminary matters while preparing for a case. These preliminary matters are to decide which party to sue, where the action is to be instituted, and which originating process to employ in order to institute the case. All these among others are referred to as the golden pre-trial rules.[7]
It is from this golden rule that a party decides the appropriate originating process with which to initiate his matter. This determines to a very large extent the type of evidence that will be utilized by such party depending on whether the matter is criminal or civil in nature.
For criminal matters, while it is either initiated by way of information or by charge, there are however four broad-based ways of commencing civil actions. These include: Writ of summons, Originating Summons, Originating Motion and Petition.[8] The mode adopted in each case depends hugely on the nature of the claim/case and the applicable rules and/or statutes.[9]
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FRONTLOADING
This is a term used to denote the trend in civil procedure, where each of the parties is required to bring forward his case beforehand, at the point of filing. In SYLVESTER v. OHIAKWU,[10] the Court of Appeal stated that frontloading meant the upfront filing of all documents to be issued at the trial, so as to ensure that only serious and committed litigants with prima facie good cases and witnesses to back up their claims, would find their way into Court and thereby reducing lame duck claims. It involves stating the names of witnesses and the depositions of those witnesses, filing copies of the documents the party will rely on, and other relevant facts that will be relied on during the trial.
The rationale behind this is not hard to appreciate, as its object is to attain justice, by giving each party the opportunity to know beforehand, the case he is going to meet, and to afford him the opportunity to prepare his defence. This is to prevent a party from shooting a surprise shot at the other party.
It should be noted that the Rules of the various High Court have provided for this. For example, Rule 15 of the HIGH COURT RULES. The rule provides that the originating process must be accompanied by the list of witnesses, list of documents to be relied upon during trial, written statements on oath of the witnesses, and so on.
AFFIDAVIT EVIDENCE
Where the choice of the appropriate originating process has been made, and a party decides to institute the matter by way of Originating Summons, it is apposite to note that the way to establish the claim of such party will be by Affidavit Evidence.
Affidavit Evidence is that type of evidence wherein a person will depose to facts, either within his knowledge or not, and same shall be sworn to in the Court before an authorized person.[11] While adopting the definition in Bouvier Law Dictionary, Compact Edition, the Court of appeal in the case of SENIOR STAFF ASSOCIATION OF U.T.H.R.I & A. I v OLOTU,[12] stated as follows:
“An affidavit is a statement reduced to writing, in which factual assertions are made under oath or affirmation…before a Notary or any other officer who administers the oath and authenticates the affiant’s signature on the document.”
S.T. Hon., SAN has described an affidavit as a written or typed and printed declaration or solemn statement of facts, made either on oath or affirmation[13] before an authorized person, which facts are either derivable from the personal knowledge of the deponent or person making the declaration; or are derived from external sources, provided those sources and the reasons under which belief in those sources is founded upon, are named in the affidavit.[14]
For an affidavit to be properly cladded with the armour of evidence and same be accepted by the Court, there are statutory conditions it must have met. It has to meet the mandatory provisions of the Evidence Act as to form or contents thereof.
- An affidavit must be sworn or affirmed before a designated or authorized person; because if it is not so sworn or affirmed, it shall not be admitted in evidence.[15] These designated or authorized persons are mostly Commissioner for Oaths. Relying on the case of ONUJABE v. IDRIS,[16] the person before whom such oath is taken must indicate his name and not just the official stamp.
Note Better: Affidavits sworn to before a party’s legal practitioner is void, notwithstanding that the said legal practitioner is a notary public and he administered the oath in that capacity.
- An affidavit must be signed by the deponent. This may be in the nature of affixing a signature or thumbprint. An unsigned affidavit is no affidavit at all.[17]
- The concluding part of the deposition must be clear as to the fact that it is an oath or an affirmation. Note that the words “I make this Affidavit in good faith and in accordance with the Oaths Act” are commonly used, after which the date of commissioning thereof is inserted.
- For the contents of an affidavit to be accepted as evidence, such contents must strictly comply with the provisions of Section 115 of the Evidence Act.[18]
Note Better: The rules above are also applicable to Counter-Affidavits.
It should also be noted that it is in practice that documents be attached to affidavits. Courts have pronounced in a long line of cases that documents attached to an affidavit form part of the evidence. Copies of documents attached to an affidavit need not be admissible in law, it will be nonetheless admissible. See the cases of ILORIN EAST LOCAL GOVT. v. ALASINRIN & Anor,[19] AONDOAKA v OBOT.[20]
ORAL EVIDENCE
Oral evidence or testimony is the totality of the evidence a witness enters into a witness box and gives, after being sworn or affirmed. Pursuant to the provision of Section 176 of the Evidence Act, 2011, Oral evidence also include sign, semiotics, brail or body language demonstrated by an incapacitated person while in the witness box testifying.
Oral evidence is given through Examination-in-chief, cross-examination and re-examination. It must be noted that generally for oral evidence to be admissible as evidence by the Court, it must be direct[21] and not hearsay.
It is statutorily stipulated that all facts, except the content of documents, may be proved by oral evidence.[22] Thus, a party who wishes to establish facts before the Court has to do so by way of oral evidence, dependent of course where the originating process requires so.
As stated earlier, Oral evidence is given through Examination-in-chief, cross-examination and re-examination_ this is the order of production and examination of witnesses as stipulated under Section 215 (1) of the Evidence Act, 2011. Witnesses shall be first examined-in-chief, then, if any other party so desires, cross-examined, then, if the party calling him so desires, re-examined.
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Examination-in-chief
The examination of a witness by a party who calls him is called Examination-in-chief. In AYORINDE v SOGUNRO,[23] it’s stated that evidence-in-chief is an opportunity for the plaintiff and his witnesses to state their case on oath.
In civil matters, practice no longer requires that witnesses render their testimony orally, the examination-in-chief of a witness is now done by the adoption of their written statements on oath already filed before the Court. However, in criminal matters, there is nothing like adoption of any statement, witnesses have to render their testimony.
It should be noted that leading questions are generally not allowed during the examination-in-chief.[24] “Leading questions are questions suggesting the answers which the person putting it wishes or expects to receive”.[25]
Under examination-in-chief, a witness may be allowed to refresh his memory by referring to any writing made by him, or any such writing made by any other person and read by him, within the time of the situation/transaction in which he is testifying on. This is provided for under Section 239 of the Evidence Act, 2011.
Cross-Examination
This is the second broad step in the examination of a witness. It is an examination of a witness by a party other than the party who calls that witness.[26] In effect, after a witness is examined-in-chief by the party calling him, he is then cross-examined and questioned by the opponent. The questions in both examination-in-chief and cross-examination must relate to relevant facts, but cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.[27] Leading questions are permissible under cross-examination and a witness can be cross-examined as to matters in writing.[28]
The general scope and extent of cross-examination of a witness is provided under Section 223 of the Evidence Act as follows:
“When a witness is cross-examined, he may, in addition to the questions herein before referred to, be asked any questions which tend to-
- Test his accuracy, veracity or credibility; or
- Discover who he is and what is his position in life; or
- To shake his credit, by injuring his character.
Provided that a person charged with a criminal offence and being a witness may be cross-examined to the effect, and under the circumstances, described in paragraph (d) of the proviso to section 180 of this Act.”
Cross-examination is also allowed in an instance where more than one defendant is being charged. In that instance, each defendant will have the right to cross-examine the other and such cross-examination shall take place before that of the prosecution.[29] Where a witness has been summoned to produce a document and he is then sworn as a witness;[30] where a witness steps into the witness box to testify as to character;[31] cross-examination of a complainant in a rape or attempted rape charge about the victim’s previous sexual experience;[32] and denial of further right of cross-examination of a witness, who is in the witness box to declare another witness as unworthy of credit.[33]
Re-Examination
Under Section 215 (1) and (3) of the Evidence Act, the right of a party to re-examine his witness is guaranteed. Re-examination, is described by the Learned Justice Rhodes-Vivour (Rtd) in the case of AYORINDE v. SOGUNRO[34], as an opportunity for the witness to restore credibility to his testimony. This is in addition to the common purport that re-examination is to resolve ambiguity during cross-examination. The right to re-examination is sacrosanct, thus, its outright refusal by the Court amounts to failure of justice.[35]
Subpoena Duces Tecum and Ad Testificandum
In a proceeding, be it criminal or civil, there is a high propensity that witnesses may be summoned to either tender documents alone, or to testify and tender documents. In either case, the process of summoning such a witness is known as a subpoena. Evidence of a party can be elicited via this means as well. Subpoena duces tecum is for when the witness is to produce document(s) in his possession while subpoena ad testificandum means summons to a person for him to appear in Court and testify as a witness. The third kind has been described by the Court in the case DICKSON v SYLVA[36] as the combination of the duo above, wherein the witness will be called to both tender a document and testify.
Wale Adeagbo AICMC is a Litigation and Dispute Resolution Attorney. He is the Principal Counsel of Wale Adeagbo Legal. He can be reached via email
waleadeagbo20@gmail.comReferences
[1] Adrian Keane & Paul McKeown, The Modern Law of Evidence, 9th edition, Oxford University Press, 2012.
[2] (2014) 1 SC (Pt. I) 27 @ 55
[3] (2009) LPELR-8508(CA)
[4] (1995) 2 SCNJ 132 at 146-147
[5] For example, the National Industrial Court of Nigeria Practice Direction, 2022; Provisions under Order 34, High Court of the FCT (Civil Procedure) Rules, 2018; Provisions under Order 20, Federal High Court (Civil Procedure) Rules, 2019.
[6] By Section 255 of the Evidence Act, 2011, the A.G. Federation has been empowered to make regulations generally prescribing further conditions with respect to admissibility of any class of evidence that may be relevant under the Evidence Act.
[7] Other golden pre-trial rules (preliminary matters) are locus standi, limitation of action, parties, and other issues revolving round jurisdiction.
[8] Note Better: That civil proceedings shall be made reference throughout and the reason is that the proceedings regarding evidence is all-encompassing.
[9] Vatsa v FBN Plc (2012) 2 NWLR (Pt. 1283) 1 CA
[10] (2014) 5 NWLR (Pt. 1401) 467 CA
[11] Inegbedion v. Selo-Ojemen (2004) All FWLR (Pt. 221) 1445 at 1460
[12] (2016) 14 NWLR (Pt. 1531) 1 @ 5 CA.
[13] Section 120(1) of Evidence Act, 2011.
[14] Sebastine Tar Hon(SAN), S.T. Hon’s Law of Evidence in Nigeria, 3rd Edition (Pearl Publication, 2019) pages 908-909.
[15] Section 112 of the Evidence Act, 2011.
[16] (2012) 2 NWLR (Pt. 1284) 285 CA
[17] See Section 117(4) of the Evidence Act, 2011.
[18] Every affidavit must contain only a statement of facts; it must not contain extraneous matter by way of objection or prayer, legal argument or conclusion; when facts/information are derived from other persons, the circumstances forming the ground of his belief must be set out and the name of his informant shall be stated, the time, place and circumstance of the information.
[19] (2012) LPELR-8400 (CA). The court pronounced that: “I have held that a document attached to or exhibited with affidavit forms part of the evidence adduced by the deponent and is deemed to be properly before the court to be used, once the court is satisfied that it is credible. Being already an evidence before the court (on oath), the formality of certification for admissibility (if it required certification) had been dispensed with…the reason for this is easy to deduce, the first being that affidavit evidence is already admitted evidence before the court unlike pleading, which must be converted to evidence at the trial, at which time issues of admissibility of an exhibit is decided. The second point is that and exhibited copy of a document attached to affidavit evidence must necessarily be a photocopy or secondary copy…”
[20] (2022) 5 NWLR (Pt. 1824) SC 523.
[21] Section 126, Evidence Act, 2011.
[22] Section 125, Evidence Act, 2011.
[23] (2012) 11 NWLR (Pt. 1312) 460 at 478 SC.
[24] Section 221(2), Evidence Act, 2011.
[25] Ibid. Section 221(1)
[26] Ibid. Section 214(2)
[27] Ibid. Section 215(2)
[28] Ibid. Section 222
[29] Ibid. Sections 216 and 217.
[30] Ibid. Sections 219.
[31] Ibid. Sections 220
[32] Ibid. Sections 234
[33] Ibid. Sections 235
[34] (2012) 11 NWLR (Pt. 1312) 460 at 478 SC.
[35] I.G.P v Nwabueze (1963) 2 All NLR 119.
[36] (2017) 8 NWLR (Pt. 1567) 167 at 192.
by Legalnaija | Nov 25, 2024 | Blawg
The wait is almost over! We are thrilled to remind you that the Legalnaija Black Friday Sales are just three days away, starting on November 29th! Get ready for an exciting week of unbeatable deals on your favorite legal books.
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Sale Starts: November 29th, 2024 Duration: One week of fantastic deals
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- Browse Our Selection: Take a sneak peek at our collection and start planning your purchases. Visit www.legalnaija.com/store
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by Legalnaija | Nov 25, 2024 | Blawg
Mr. Olabisi Makanjuola, Chairman NBA Lagos
The Nigerian Bar Association (NBA) Lagos Branch is thrilled to announce the 2024 Annual Bar Dinner, themed “EKO FOR SHOW: Culture of Excellence.”
‘’Set against the luxurious backdrop of the Grand Ballroom at the Oriental Hotel, Victoria Island, Lagos, on Saturday, December 7, 2024, this year’s dinner is designed to captivate and inspire. As we gather in our stunning traditional attire, we honour the diverse cultural heritage that defines our great nation and our esteemed legal community’’, stated the Chairman of the NBA Lagos Dinner Committee, Adeleke Alex-Adedipe, Esq.
The Premier Carpet will welcome guests from 5 pm, setting the stage for an evening of glitz and glamour. The ambiance will be nothing short of spectacular, reflecting the vibrancy and sophistication that “EKO FOR SHOW” embodies.
Adeleke Alex-Adedipe, Esq., Chairman NBA Lagos Dinner Committee
The dinner promises an unforgettable evening of reflection, celebration, and camaraderie, drawing inspiration from Lagos’ rich heritage and its culture of resilience and innovation.
The Chairman of the NBA Lagos Branch, Mr. Olabisi Makanjuola, stated as follows: “This theme underscores the essence of Lagos as a vibrant and dynamic city that embodies resilience, innovation, and excellence, As the premier branch of the Nigerian Bar Association, we are proud to draw inspiration from the rich heritage of Lagos and its unwavering commitment to setting standards in every sphere of life, including our noble profession. Beyond the glitz and glamour, this dinner is also a moment of reflection and renewal—a time to strengthen our commitment to the values of integrity, professionalism, and service that define the Nigerian Bar Association.”
The evening will feature:
A Keynote Address by a renowned speaker of national and international repute, to be unveiled soon.
Awards and Recognitions celebrating outstanding contributions to the legal profession, including the achievements of the Chief Justice of Nigeria, Honourable Justice Kudirat Kekere-Ekun, and newly conferred Senior Advocates of Nigeria.
A vibrant cultural showcase highlighting the artistic heritage of Lagos through live performances and exhibitions.
The Chairman of the NBA Lagos Dinner Committee, Adeleke Alex-Adedipe, Esq., further emphasized the cultural significance of the event:
“This dinner is a celebration of our shared journey and the bonds that tie us together as colleagues and friends. As we don our traditional attire, we honour the customs and traditions that have shaped our identities and our legal practice.”
Guests are encouraged to immerse themselves in the spirit of “EKO FOR SHOW” as they enjoy fine dining, inspiring conversations, and an ambiance of elegance and sophistication.
On behalf of the NBA Lagos Branch, Both Chairmen extend a warm invitation to all members, stakeholders, and friends of the bar to join in celebrating excellence and unity and make this year’s Annual Bar Dinner an unforgettable experience. For media inquiries or additional information, please contact Publicity Secretary, Omoniyi Onabule on 08039270355 or Milicent Joi Umoru on 08070406955 for sponsorship.
Signed: Communications and Publicity Team
by Legalnaija | Nov 24, 2024 | Uncategorized
In today’s fast-paced and complex world, legal awareness is more crucial than ever for both citizens and businesses. Being legally aware means understanding your rights and responsibilities under the law, recognizing how legal issues affect your life and operations, and knowing how to navigate the legal landscape effectively. Here’s why staying legally informed is essential and the benefits it brings.
The Importance of Legal Awareness
- Protection of Rights and Interests
– For Citizens: Understanding your legal rights ensures that you can protect yourself from exploitation, discrimination, and injustice. It empowers you to challenge unfair practices and seek redress when your rights are violated.
– For Businesses: Legal awareness helps businesses comply with regulations, avoid legal pitfalls, and protect their intellectual property. It also enables businesses to operate ethically and maintain a good reputation.
- Informed Decision-Making
– For Citizens: Knowing the legal implications of your actions allows you to make informed decisions in personal and professional matters. This includes everything from signing contracts to understanding employment rights and consumer protection laws.
– For Businesses: Legal knowledge is vital for making strategic business decisions, such as entering into partnerships, expanding operations, and managing risks. Informed decision-making can prevent costly legal disputes and ensure long-term success.
The Lawyers Directory
- Conflict Resolution
– For Citizens: Being aware of legal processes and options for conflict resolution, such as mediation and arbitration, can help individuals resolve disputes amicably and efficiently.
– For Businesses: Businesses can benefit from understanding the legal frameworks for resolving commercial disputes, protecting their interests, and maintaining good relationships with stakeholders.
- Compliance and Avoidance of Penalties
– For Citizens: Knowing the laws that apply to you helps ensure compliance and avoids penalties or legal consequences for unintentional violations.
– For Businesses: Regulatory compliance is essential for avoiding fines, sanctions, and other legal repercussions. Businesses that stay legally informed can operate smoothly and maintain their licenses and permits.
The Benefits of Legal Awareness
- Empowerment and Confidence
– For Citizens: Legal knowledge empowers individuals to stand up for their rights, make informed choices, and navigate legal challenges with confidence.
– For Businesses: Businesses that are legally aware can approach opportunities and challenges with confidence, knowing that they have the legal knowledge to back their decisions.
2.Risk Managemen
-For Citizens: Understanding legal risks allows individuals to take proactive steps to mitigate them, such as securing proper documentation and seeking legal advice when needed.
– For Businesses: Legal awareness helps businesses identify potential legal risks and implement strategies to manage them, reducing the likelihood of costly legal disputes.
- Ethical Conduct and Social Responsibility
– For Citizens: Legal awareness promotes ethical behavior by encouraging individuals to understand and respect the law. This contributes to a just and orderly society.
– For Businesses: Businesses that operate with legal awareness are more likely to adhere to ethical standards and demonstrate social responsibility, enhancing their reputation and customer trust.
- Access to Justice
– For Citizens: Being legally informed improves access to justice by enabling individuals to understand their legal options and seek appropriate remedies when needed.
– For Businesses: Businesses that are aware of their legal rights and obligations can better advocate for themselves in legal matters and seek justice when wronged.
Conclusion
Legal awareness is a powerful tool that benefits both citizens and businesses. It enhances protection, informed decision-making, conflict resolution, compliance, and ethical conduct. By staying legally informed, individuals and organizations can navigate the complexities of the legal landscape with confidence and contribute to a fair and just society.
For citizens and businesses alike, the journey to legal awareness starts with education and a commitment to staying informed. Embrace this journey, and let legal knowledge empower you to thrive in every aspect of your life and operations.
