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Music Saturdays – @falzthebahdguy

Music Saturdays – @falzthebahdguy

by | May 28, 2016 | Uncategorized

Falz the bahdguy, real name Folarin
Falana is a Nigerian lawyer turned rapper and son of legal luminary, Femi
Falana SAN. Falz left the practice of law to follow his dreams as an artist, he
thrills every audience with his talent in music and comedy. Find him at @falzthebahdguy. Check out his videos, first one is titled “Ello Bae”.



Next video features Simi and is titled “Soldier” 

 

Mutual Assistance in Criminal Matters Act 2017

Mutual Assistance in Criminal Matters Act 2017

by | May 28, 2016 | Uncategorized

Credits – thenigerialawyer.com

This
Act provides for the repeal of the Money Laundering (Prohibition) Act 2011 as
amended in 2012 to make comprehensive provisions to prohibit the laundering of
the criminal activities, expand the scope of money laundering offences, provide
protection for employees of various institutions, bodies and professions who
may discover money laundering, enhance customer due diligence, provide
appropriate penalties and expand the scope of supervisory bodies whilst
recognising the role of certain self – regulatory organisations ” address
the challenges faced In the implementation of a comprehensive ant – money
laundering regime in Nigeria.

The
introduction of the law is of importance to Nigeria’s fight against corruption,
there have been numerous scenarios where alleged corrupt individuals escape
prosecution in Nigeria to other foreign countries believing they are not within
reach of the Nigerian courts and government, therefore enjoying the fruits of
their ill-gotten wealth with impunity, however, with the introduction of this
legislation, Nigeria may apply to such country where anyone is hiding out to
aid in prosecution, such person may even be prosecuted in line with the law of
the host country and Nigeria will be glad to furnish such country with evidential
support to bag a conviction.
It is no gain saying that the effect of
corruption in Nigeria is crippling National development and any efforts of the
government to curb this is to be greatly supported by everyone.
Nigerian Senate Introduces Bill to curb naughty professors

Nigerian Senate Introduces Bill to curb naughty professors

by | May 28, 2016 | Uncategorized

Photo Credit – Schoolnews.com.ng

If you are familiar with Nigerian
Universities or you probably studied in one, you may be familiar with instances
involving sexual harassment, where naughty professors take advantage of students
and harass them into having sex in exchange for marks. It’s also both ways as
some girls will rather give it up rather than study thereby going out of their
way to get the attention of the lecturers, but a willing student who decides to
play dirty with her professor is different from one who is forced into the
relationship.

It’s also common to see these professors
boast in the open among their counterparts about their sexual escapades with students
young enough to be their daughters, apparently, they have no shame and if you
are a professor reading this and you indulge in such act, saying shame on you isn’t
enough, we just wish karma catches up with you real quick in a way that hurts. 
Tertiary institutions have not been
able to adequately stem this tide and sometimes have been involved in covering
up such situations. It’s Nigeria anyway, in a better environment, such lecturer
will be sacked and never be allowed to teach ever again. Anyway, we hope they
all get what’s coming to them. 
Great news however as the Nigerian Senate
seeks to introduce a Bill for an Act
to make provision for the prohibition of Sexual Harassment of Students by
Educators in Tertiary Institutions and for other related matters, 2016 (S.B. 262). This Bill was sponsored by Sen. Ovie
Omo-Agege (Delta Central) and 57 others. The Bill got the nod of distinguished
Senators and has scaled through second reading, currently it has been referred
to the Senate Committee on Judiciary, Human Rights and Legal Matters to report
back in four weeks.

The
proposed law seeks to make it a criminal offence for any educator in a
university, polytechnic or any other tertiary educational institution to
violate or exploit the student-lecturer fiduciary relationship for sexual
pleasures. The Bill if passed imposes stiff penalties on offenders in its
overall objective of providing tighter statutory protection for students
against sexual hostility and all forms of sexual harassment in tertiary schools.

The
bill provides a compulsory five-year jail term for lecturers who sexually
harass students. Also, vice chancellors of universities, rectors of
polytechnics and other chief executives of institutions of higher learning will
go to jail for two years if they fail to act within a week on complaints of
sexual harassment made by students.

We believe the time is right for us to stamp out and
rid our educational institutions of sexual harassment especially in
Institutions of Higher Learning. Moreso, we cannot wait to see naughty
professors prosecuted and jailed under the new law when it is introduced.

The
bill expressly allows sexually harassed students, their parents or guardians to
seek civil remedies in damages against sexual predator lecturers before or
after their successful criminal prosecution by the state.



@Legalnaija
J.N. YISAPATI – “Incompetence” of Court Processes without the NBA Stamp/seal

J.N. YISAPATI – “Incompetence” of Court Processes without the NBA Stamp/seal

by | May 27, 2016 | Uncategorized

Photo Credit – www.nigerianbar.com

It
may perhaps be useful to herald this piece with a scenario that played out at
the High court in Minna, Niger state;

 

Defendant/Applicant:
Your lordship, we are challenging the competence of this suit and we summit
that this court is robbed of jurisdiction. The NBA stamp/seal on the Writ of
summons (an originating process) bear the year 2015 when the current year is
2016, in fact, we vehemently submit that the said process is without the NBA
stamp/seal. It is now well settled that the failure to affix the NBA stamp/seal
on any legal document, even Court processes, makes such document incompetent.
We therefore urge this Honourable court to strike out this suit, also in line
with O.5.r.2(1) of the Rules of this court. One cannot put something on nothing
and expect it to stand. We are grateful.

Plaintiff/Respondent:
My lord, am surprised at my learned colleague’s submission, howbeit, I
apologize to this Honourable court. It was inadvertence on my part, I affixed
that of 2015 instead of 2016. I urge your lordship to be benevolent and order
for regularization contrary to the submissions of my learned friend for it to
be struck out; this will be in the interest of justice as a sin of a Counsel
ought not and should not be visited on the client. May it please my lord.
COURT:
Counsel
should agree on a date for the ruling.
The case of Mega
Progressive People’s Party (MPP) v. INEC& Ors (SC/655/2015) brought a new
development on the use of NBA stamp/seal by legal practitioners in Nigeria.
Though not without some un-clarities, the Supreme Court held that a process
filed in court without the stamp/seal makes the process incompetent. Prior to
that decision, such failure to affix the stamp/seal was treated as a mere
irregularity which may not affect the proceedings. However, the position was
further fortified with the recent decision of the Supreme Courtin All Progressive Congress (APC) v. General Bello
Sarkin Yaki SC/722/15 (reported as Senator Bello Sarkin Yaki v. Senator Atiku
Bubakar Bagudu Ors (2015) LPELR-25721 SC)Where it was manifestly concurred
by each of the Justices that failure to affix the stamp/seal makes the process
incompetent, thereby, confirming the earlier decision (MPP’s case) in more
stronger and clearer terms. Not long after this decision did the National body
of the Nigerian Bar Association (NBA) circulate a memo to its members with the
caption:
 “Supreme court affirms that failure to affix NBA stamp/seal in a legal
document renders such legal document incompetent.”
However, it is trite that
in interpreting statutes, the words used should be read as whole, in context
and not in isolation (Bakare v. Nigerian
Railway Corporation (2007) 17 NWLR (PT. 1064) 606). The word “incompetent”
used in that APC’s case (supra) when read together and in context gives the
true intention of the supreme court, in line with curing the mischief of not
allowing quacks and non lawyers to practice law;
According to M.U. Peter
Odili JSC;
“A notice of appeal is the
originating process at an appellate court…which must be signed, stamped and
sealed. Therefore, a notice of appeal not found with these components is an
incompetent notice of appeal depriving the court of the jurisdiction to
determine the appeal on the merit…”Her lordship went further to state that “any
non compliance with Rule 10(2) RPC…is visited with the sanction that the
process is without competence…”
However, Ngwuta JSC, while
delivering the lead judgment, was meticulous in providing further
clarifications on the nature of the “incompetence” of the process;
“the legal document so
signed and/or filed is not null and avoid or incompetent like the case of a
court process signed in the name of a corporation or association…the document
is deemed not to have been properly signed or filed but not incompetent as the
2ndrespondent assumed.” His lordship went further to say such
document “is akin to a legal document or process filed at the expiration of the
time allowed by the Rules or extended by the court.” He then concluded
categorically thus; “in the case at hand, the process filed in breach of Rule
10(1) (of RPC) can be saved and its signing and filing regularized by affixing
the approved seal and stamp on it.” (emphasis supplied) at Para. 3, Page 6 of
the Court’s decision.
 

Photo Credit – lawnigeria.com

While making reference to
the earlier decision in the MPP’s case, the submissions of O. Rhodes Vivour
JSC,is even more interesting as it tends to go beyond the instant case;
“In this appeal, this
court says that legal processes without stamp or seal are voidable. That is to
say such documents are deemed not to have been properly signed and not that
they are invalid. Such documents are redeemed and made valid by a simple
directive by the judge or the relevant authority at the time of filing the
voidable document for erring counsel to affix stamp and seal as provided for in
Rule 10 of the LPA.” 
His lordship, S.N.
Onnoghen JSC. concurredwith the above positionthus;
“The provision of the
Rules (of professional conduct )…is not a substitute for the substantive law on
the matter, that is why non compliance thereto renders the document
involved/concerned voidable , not void or a nullity”( emphasis supplied ).
It becomes  deducible that the learned justices, in order
to achieve substantial justice in the case and also lay a solid foundation for
future cases, held that  a defect in a
notice of appeal (an originating process) as a result of non compliance with or
non- affixing of the stamp/seal could be regularized. While this position seem
settled (at least for the appellate courts), the trial court still have some
hurdles to cross even as the legal community anticipates the apex court’s
decision on such matters after emanating from the trial courts. If justice is,
and still remains, a three way traffic, then the issue of stamp/seal at the
courts of first instance in Nigeria, still require some circumspection.
The scenario above presents
a classic case for introspection.While it may be asserted that, if it was an
interlocutory application, there would have been little or no difficulty for an
order to regularize but in the instant case, the Court may order for
regularization ala the Supreme Court’s decision in the APC’s case. However,
this will lead to a fundamental question: whither the import of the provision
of O.5 r.2(1) of the High Court Civil Procedure Rules of Niger state 2012
(other jurisdictions have similar provisions copied mutatis mutandis. E.g., see
O.5 r. 2(1) of the High Court Civic Procedure Rules of Lagos state 2012) which
state thus;
“Where in beginning or
purporting to begin any proceeding, there has by reason of anything done or
left undone, been a failure to comply with these Rules, the failure shall
nullify the proceedings.”
On the other hand, if the
court strikes out the suit, bearing in mind the provisions of Section 122(2)(j)
of the Evidence Act 2011, then it might just be difficult to resolve on how to
strike the balance between curing the mischief behind the stamp/seal and the
interest of substantial justice in the 
case. Does the Plaintiff/Respondent lose the status of lawyer by mere
affixing an expired seal? One may therefore assert, albeit, not unarguable,
that it is quite unfair for the court to engage in an extreme attempt to cure
the mischief behind the stamp/seal even at the expense of its ultimate goal of
achieving manifest justice.
Still on the scenario,
assuming the Defendant/Applicant, after noticing the absence of the stamp/seal,
decided to stay mute and went through the trial which lasted three years, and
in the final address, raised the issue, what will be the approach of the court
in its judgment? Or in the alternative and worst still, if he raises it first
time on appeal, what will be the likely outcome of such objection on the case
as a whole? Bearing in mind the supreme courts decision, the Ruleof Court and
the travails of litigation for three years. While all these unanswered
questions takes the semblance of an academic one for now, the argument and
opinion will continue until the apex court is confronted with such an issue for
determination. Perhaps, the words of Onnoghen JSC in the APC’s case may
inherently stand as a signpost in the future;
“It is only fair to the
client, the legal profession and in the interest of justice that the legal
practitioner involved be given opportunity to prove his call to Bar and
enrollment at the supreme court of Nigeria by affixing his seal to the document
involved at any stage in the
proceeding including appeal or whenever
an objection to the authority of the document is raised…”
At the risk of overzealous
emphasis, the key phrase here is: “…By affixing his seal to the document
involved at any stage in the
proceeding including appeal or whenever
an objection…is raised.”
This is muchof a flexible
view to the stamp/sealconundrum , albeit, needing some harmonization with the
Rules of courts in Nigeria.
CONCLUSION
The NBA stamp/seal project
has come to stay and although the innovation remains laudable, there is still
need for expeditious improvement.  This
is necessary, not just in achieving the objective-in-chief of the project, but
also for the smooth running of the overall system;lest constant objections from
some legal practitioners to what many (including litigants) may see as a pure
technical issue, may become an increasingly exasperating occurrence in our
courts.
Therefore, bearing in mind
the current technical and administrative 
challenges experienced by the NBA in issuing this stamp/seal to Lawyers,
there is need to tackle this teething problem from the root, and proactively. 
There is the need for a
synergy between the bench and the NBA branches across various statespursuant to
the circular by the CJN (Ref. NJC/CIR/HOC/171 dated 12th may 2015)
which reads in part; “…all  Head of
Federal and State courts shall establish procedures for the implementation of
the stamp policy and it’s full utilization within all jurisdiction…”, to rise
to the occasion in the implementation of this well intended policy. The Chief
judges may issue practice direction to ensure proper compliance with the
stamp/seal ab initio. This direction may particularly be to the effect that, in
all the registries of courts in the state, where the appropriate stamp/seal is
not affixed on the process to be filed, it shall not be accepted for filing.
Furthermore, if possible, a special enlightenment program be organized for all
officers at the various registries of the courtsto educatethem on the need for
diligence and meticulous scrutiny on every process before it is accepted for
filing. Some jurisdictions are speedily implementing this policy (ies). For
example, Federal High Court in Lagos, from 15th0ctober, 2015, do not
accept any process for filing that does not carry the appropriate stamp/seal.
Finally, it is submitted
that while putting  emphasis on rigid
compliance  with the stamp/seal directive
above curing the mischief may be counterproductive in the long run, a liberalapproach
as afore pinpointed, will do much good to the entire legal profession in
Nigeria, more particularly the litigation process.
J.N. YISAPATI 

Principal Partner; 
YISAPATI & CO., 
9/10 Najoji complex,
 beside Mr. Bigg’s, 
Tunga-Minna, 
Niger
state.
Ronke Omorodion – Beware of Oral Contracts

Ronke Omorodion – Beware of Oral Contracts

by | May 25, 2016 | Uncategorized


Welcome
back to the Chronicles of Becky (insert soundtrack lol)
Last
time out, we learnt how a simple waiver clause can protect your business from
unwarranted liabilities. In case you missed it kindly follow #LegalBusiness to
get updated.
BeWise
Digital Limited had only recently started engaging with some major
international partners and Becky had come to realise that she needed a website
to properly portray her corporate image to the world. She was scheduled to
speak at an international conference in 6 weeks and needed her website to be up
and running before then.

Becky
quickly enlisted the help of a freelancer website developer named Tunde who
promised to deliver the website within 2 weeks. They agreed that she would pay
half of the money before he starts and the other half after he delivers. These
agreements were all made orally, no written contract was signed.
After
two weeks, she called Tunde to ask if the site was ready and he said he was
experiencing some technical issues and would get back to her. Another two weeks
went by and still the website was still not ready. Tunde had started to ignore
her calls. She had no idea of where she could locate him as he had no office
and all she had was his phone number. Becky was furious. The unsavory prospect
of speaking and networking at the international conference without a proper
online presence to boost her company’s profile stared her in the face.
She
frantically started looking for another web developer and was introduced to
Linus who agreed to take on the job. Linus worked day and night and delivered
the website in 10 days… just a few days to the start of the conference. Becky
was relieved. It had been a close shave.
5
weeks after the conference, she got an email from Tunde the missing web
developer saying, “website completed and ready for demo. How soon can you make
payment of balance?” Becky couldn’t believe her eyes. She replied him in some choice
words that he was lucky she had not gotten him arrested for defrauding her of
her initial deposit. She told him she had given the job to someone else who had
delivered her website to her. Tunde was shocked and asked why she did not
communicate to him that he should stop work on the site. He went on to tell her
how he had spent his time and resources to finish and host the site and
demanded to be paid his balance. A week later Becky got a letter from Tunde’s
lawyer threatening legal action.
Becky
consulted her own lawyer… ready to fight it out. He asked her what her contract
with Tunde stated in relation to delivery timeframe of the website and she
responded that there was no written contract. All they had was an oral
agreement.
Her
lawyer was disappointed. He had warned her several times against having oral
agreements with her stakeholders. He advised her to allow him negotiate with
Tunde to pay a reduced percentage of the balance because if the matter was to
go to court, her chances of winning would be low since she did not communicate
to Tunde that she was no longer in need of his services, and she had promised
to pay up after delivery of the site.
Becky
reluctantly agreed and ended up paying 85% of the amount for a website she was
never going to use. She was furious with herself for making this mistake.
Case
analysis
Are
you like Becky, do you make oral agreement with your stakeholders? Do you
choose to work with people without having proper contracts documented showing
critical clauses and contact addresses? Then you need to rethink your choices.
A
simple agreement containing the necessary clauses like the time frame for the
job, the terms of the contract, the instances that would lead to termination of
the contract and so on would have saved Becky from wasting money on a website
she didn’t need.
As
professionals and entrepreneurs we need to ensure we get our lawyers to put
proper contracts in place to govern all engagements with our key stakeholders.
Where contracts are presented to us for execution, always give it to your
lawyer to go through it to make sure the terms stated therein are favorable to
your business.
You
know how we roll, hit me up in the comments section and let’s know your
thoughts. One more thing….. you are AWESOME!

Ed’s Note- This article was originally published here
15 ways to get your desired business name approved for registration

15 ways to get your desired business name approved for registration

by | May 25, 2016 | Uncategorized



Credit – new.cac.gov.ng

If you plan to use a general
word when coining your business name, please don’t forget the
fact that as humans we sometimes think alike and someone else might have used
the name. However there are many tricks to get the name you desire to be
available to you even if it is a commonly used word. A client once told me he
saw his desired name in a dream, but when we searched, the name was denied,
apparently, someone else saw it in a dream before him.
The problem of name denial is real and
research shows that many entrepreneurs get frustrated when their desired names
are not available for registration. Some have been discouraged to proceed with
registration while others cast suspicious looks at the Incorporation
agent.  But according to Akin Mate, a Lagos based corporate lawyer, there
may be a way out. The easiest way to get the name you desire is to be unique
and creative, Akin Mate Said. Unique names will always beat the system.

How To Get Your Desired Name:

Be Creative
A business name can
be very creative notwithstanding the business you are doing. When thinking of a
desired name it’s better to think outside the box. Many popular brand names
today are coined out of abstract ideas. Creativity helps a lot. It will help
you get that desired name.
Be Unique
No matter what business or
profession you are in, it pays to be unique and differentiate yourself by the
name you choose for your business. You don’t have to follow the crowd.

Combine More Words

Using more words in your name can help you get an approval, especially if you
are using general words. For instance if you want a word like
“Furniture” to appear in your brand name, you have to include other
words. Example; Excel Concord Furniture Sales Limited will have a better chance
of being approved than Excel Furniture Limited.

Choose Something That Is
Significant To You

Coining words from
ideas that are significant to you might prove unbeatable. From experience I’ve
seen clients combine names of their children, their name and their spouse’s,
their birth dates etc. A client combined her children’s name Mirabel and
Collins to form MiraColls Ventures, Ukeme and Telma was used to form Ukitel
Services. Such names are unbeatable.

Avoid Using General Words
As mentioned earlier,
people think alike in many ways and it’s easy to fall for a name just because
it’s a generally used word. Words like God’s Gift, Immaculate, Aroma, Food,
Cuisine, Standard, Diamond, Gold, etc are general words and if not properly
combined will lead to a disapproval.

Try To Use Indigenous Terms

There is a popular
restaurant where I eat, and the registered name of the place fascinates me. Its
locally branded and besides being unique, it draws attention. The name of the
outfit is Ikooko Mi Limited (Ikooko Mi is a Yoruba Word for my cooking pot).
Indigenous words and words in your local dialect if well combined will always
come out well.

Use Foreign Language

Coining your name in a
Foreign Language may be a sure banker when it comes to uniqueness. For instance
a French name like “Rendezvous Limited” is likely to be available.
Besides being a catchy name, “Rendezvous Limited” might get you more
clients from Lagos Island than a name that that is less catchy.
Always Include Limited, PLC
In Company Registration
Another
reason why CAC deny names is when the name search inquiry omits the appropriate
adjective or the acronym after the name. For Business names (sole Proprietors
or Partnerships) It’s always advisable but not mandatory to add words like
“ventures” “Enterprise” etc after the desired name. Example is: “Jekyl
Ventures,” or @Jekyl Enterprise”

However it is mandatory when conducting a name search for company registration
to add the word “Limited”, “LTD” or “PLC” after your desired name. If that is
not done, the search would be invalid.

Avoid Certain Words

Many people make the
mistake of trying to register a federal agency instead of a private or public
company, said Said, Amaka Anierobi, a Lagos based Lawyer. They do so by adding
words like “Federal”, “National’, “Regional”,
“State”, “Government”, “Municipal” or
“Chartered”, “Co-operative” or the words “Building
Society”, “Group” or “Holding. These words are prohibited
under section 30 of the Companies And Allied Matters Act, (the law regulating
companies.)
Use Names That Relate With
Your Business
While choosing a name, be
sure to avoid using verbs that does not address the core nature of your
business. For instance if your business is for the supply of building and
construction material, the core verb in your business is contractors not
construction. So try using a name like “RBN Building Materials Contractors Limited” or “RBN
Medical Equipment Supplies
Limited”
Use Acronyms
Acronyms have a five out
of every ten chance of working out. Start with a nice acronym and spell it out
as your company name. Use Acronyms like EWP perhaps for Elegant Wedding
Planners Limited, etc.

Avoid Publicizing Your Name
Before Registration

If you are not going to
get registered soon, then you should avoid publicizing your name. The truth is
there may be someone out there who will either intentionally or unintentionally
steal your name.  In the movie titled Focus,
starring Will Smith, we were told how the subconscious mind registers an image
it sees over time and accepts it as its own.
Do Not Let Your Name Search
Expire Before Registration
Many people, even lawyers
have encountered the problem in the past. Little is known if this problem still
persists. But Lawyers often advise their clients, if you know you are not ready
for registration, don’t bother reserving the name, because chances are it might
get stuck in CAC’s system after expiration and become unusable. A friend who
tried to register her company could not proceed with the name because the name
got stuck and could not be re-reserved neither could it be cleared from the
system.

Ask Google

Usually google does not
have a list of all the registered businesses in Nigeria, but if you search
google, you might find that a company using a name similar to yours may already
exist. A website with the name may even be listed on the search result.
Do Not Register A Business
Name IfYou Intend Converting To A Company

Another mistake people make is that they register a business name and dream of
converting it into a company. However in reality, it’s not possible. A business
name cannot be converted to a company. Only a company is convertible. A Private
company can be converted to a public company, likewise a company limited can be
converted to an unlimited company and vice versa.

Ed’s Note: This article
was originally posted by RBN Bloggers here
Busayo Adedeji: Corporate Immigration Practice In Nigeria

Busayo Adedeji: Corporate Immigration Practice In Nigeria

by | May 25, 2016 | Uncategorized






There
are three classes of visas under which corporate/business visitors can visit
Nigeria. These are:

  • ·       
    Business visa;

  • ·       
    Temporary Work Permit (TWP visa); and

  • ·       
    Subject to Regularization Visa (STR visa).

A
business visa is an entry visa for business people and investors coming to
Nigeria for business discussions and meetings and is usually obtained from the
Nigerian mission abroad. This visa is usually granted for 90 days (subject to
the discretion of the Nigerian Mission abroad) Holders of a business visa are
prohibited from any form of employment while in-country. The penalty for over staying
in-country on a business visa is $1,000.
Requirements
for a business visa are:
 

  • Letter of invitation from a company incorporated in
    Nigeria;

  • International passport with at least six months
    validity;

  •   Evidence of funds (account statements will
    suffice);

  •  Evidence of hotel reservation;

  • Flight itinerary;

  • International vaccination certificate; and

  • Payment of prescribed visa fees.

Nigeria
now has the option of business visa on arrival for business visitors. This
offers easy access to immigration facilities by genuine visitors and foreign
investors. This visa is usually issued at the port of entry. This policy aims
to attract Foreign Direct Investments (FDI’s) and open the economy to
employment opportunities. In addition to the above listed document, the
approval of the Comptroller General of the Nigerian Immigration Service must be
prior to the arrival of the business visitor in Nigeria.
Temporary Work Permit:
This
class of visa is available to companies that require the services of expatriate
employees in Nigeria for short term assignment. The application for this type
of visa is made to the Nigerian Consul in the home country of the expatriate.
It is pertinent to state however that the approval of the CGI must first be
sought. This approval once granted is in the form a cablegram issued to the
Nigerian mission abroad directing the mission to grant the expatriate the visa.
  • Copy of expatriates bio-data page of international
    passport (with at least 6 months validity);
  • Copy of company’s certificate of incorporation;
  • Cope CAC form 2 (allotment of share capital);
  •  Copy of CAC form 7 (particulars of directors);
  • A copy of the company’s memorandum and articles of
    association;
  • Company firm profile;
  • Copy of expatriates resume;
  •  Copies of expatriates professional certifications;
    and
  • Appropriate visa fees paid.
Subject to Regularization Visa (STR):
The
Immigration Act expressly prohibits the employment of foreigners without prior
consent of the Director of Immigration, as such foreigners seeking to take up
long term employment in Nigeria must apply for an STR visa.
The
application is to be made to CGI stating that the company has a vacancy on its
expatriate quota and desires the foreigner to fill the vacant position.
The
application for the STR visa is to be done by the employer company to the
Nigerian mission abroad. The STR visa once granted is valid for 90 days, during
which the prospective expatriate employee must enter Nigeria and apply to
regularize the work permit. Parents and children of expatriate are categorized
as dependants and can reside in Nigeria once the relevant visas and
applications have been approved. They are however prohibited from any form of
employment.
Documents
required for issuance of an STR visa:
  • Employees international passport with at least 6
    months validity;
  • 4 passport sized photographs;
  • 4 copies of the prescribed visa form;
  • Letter of application for STR visa from the
    company;
  • Copy of certificate onf incorporation of the
    company;
  • 4 copies of company’s expatriate quota;
  • 4 copies of the employees letter of employment;
  • 4 copies of letter of acceptance of employment by
    employee;
  • 4 copies of resume of employee;
  • 4 copies of educational/professional certifications
    of employee;
  • Valid international health certificate showing
    vaccination against yellow fever
  • Flight itinerary; and
  • Visa fees paid.
Combined Expatriate Residence Permit and Aliens
Card (CERPAC):
CERPAC
is a green card issued to expatriate employees once they have regularized their
STR visa in-country. The CERPAC is valid for 12 months and can be renewed for a
further 12 months as long the expatriate quota position is valid.
It
is pertinent to state that the employer must accept immigration responsibility
of the expatriate employee in all the classes of visa listed above.
ECOWAS citizens working in Nigeria:
Citizens
of ECOWAS states seeking employment in Nigeria are to apply (through their
employer) to comptroller of immigrations in the state where the expatriate will
be employed for an ECOWAS card which grants the employee leave to live and work
in Nigeria for 2 years.
Written By: Busayo Adedeji
Twitter: @thestreetloya
Image
credits: www.imperialvisas.com

Nelson C.S Ogbuanya: Overview of the National Industrial Court’s ADR Instrument & Rules 2015

Nelson C.S Ogbuanya: Overview of the National Industrial Court’s ADR Instrument & Rules 2015

by | May 24, 2016 | Uncategorized


Credit – www.ledapnigeria.org


Introduction:
The official inauguration of the National Industrial Court of Nigeria (NICN)’s
Alternative Dispute Resolution (ADR) Centre Instrument & Rules 2015 on 18th
December 2015 marks a significant milestone towards the discharge of the
mandate of the Court, as the specialized federal superior court of record with
exclusive jurisdiction on industrial, employment and labour related disputes in
Nigeria. The inauguration ceremony which attracted major stakeholders held at
the Shehu Musa Yar’Adua Centre Abuja, under the distinguished chairmanship of
the Chief Justice of Nigeria (CJN), Hon, Justice Mahmud Mohammed, GCON.


In a well articulated speech, the President of the Court, Hon. Justice B.A
Adejumo, OFR encapsulated the essence of the ADR Centre, when he stated:
“It gives me immense pleasure to inform you that the
mandate of the court to ensure labour and industrial peace and harmony by
virtue of its jurisdiction in section 254C of the 1999 Constitution (as
amended) could not be more bolstered than by the establishment of the Court’s
ADR Centre. One pivotal aim of the establishment is to assist parties in
dispute to collaborate towards settling their disputes and arriving at win-win
or mutually acceptable agreement in less costly, speedy and efficient manner.
This is calculated at preserving industrial peace and harmony, which in effect
promote economic development and cohesive interpersonal rapport and conducive
work environment within the dynamics of employer/employee relationships…”
The
nature of industrial relations and labour/employment-related disputes tends to
favour adoption of ADR to deal with some aspects of the disputes that may not
lend to rigorous procedure and somewhat distasteful outcome in litigation.
Maintaining rules of engagement and resolution of disputes in a prompt and
effective manner that would keep the labour-management relationship in check
and amicable is imperative, to avoid adverse consequential effect on the
parties and the overall growth of the economy. Bearing in mind amicable
resolution as the cardinal policy of resolution of industrial and labour
–related dispute, Alternative Dispute Resolution (ADR), particularly
non-adjudicatory model, like Mediation and Conciliation, are most suitable
methods of resolution of some aspects of industrial relations/employment
related disputes. Mediation as an ADR model, particularly projects itself as a
preferred method, as it saves time, preserves relationship even in disputing
time, and maintains confidentiality for privacy and preservation of trade
secrets, lends to flexible technical procedure resulting in win-win outcome and
psychological satisfaction, by adopting consensual and adequate party
participatory process.
It
is therefore the sole aim of this discourse to bring to bear an overview of the
Instrument & Rules of the Court’s ADR Centre which, as the President of the
Court pointed, is set up to enhance the Court’s mission of “an efficient,
timely and just system of justice delivery”, that would “ensure that employment,
labour and industrial relations and workplace related disputes are resolved in
time while maintaining cordial and peaceful working relationship between
parties”.
Evolution and Rise of Court –Connected ADR Centre:
Over time, the debilitating shortfalls of litigation, exemplified in protracted
delays with attendant costs, strained relationship, unpredictable and
unpalatable outcome of judgment without justice, etc, exposed its unsuitability
to the needs of disputants and overall justice administration system. The
consequent vigorous interrogation of the suitability of litigation as an
exclusive formal dispute resolution model, resulted in some alternative
options-the Alternative Dispute Resolution(ADR), among which are: Arbitration,
Conciliation, Negotiation, Mediation, Early Neutral Evaluation and other hybrid
processes.
ADR
which evolved from private initiative in informal dispute resolution setting
has now been integrated into formal dispute resolution system even as a
supplement to litigation, otherwise, known as Court-Connected ADR Centre,
exemplified in the Multi-Door Court House (MDCH) system. The MDCH system is a
Court-Connected ADR process aimed at granting multiple access to justice
through making available various models of dispute resolution to disputants, to
assuage their crave for quality and timely justice. The MDCH system was ably
pioneered and institutionalized by the Lagos State Judiciary pursuant to the
Lagos State Multi-Door Court House (LMDCH) Law 2007- Law No.21 (Vol.40.No.56,
Lagos State Official Gazette of 3rd August 2007).
Interestingly,
less than a decade of infusion of MDCH in the legal system, the model has been
amply replicated at the Federal Capital Territory and many other States in
Nigeria. The sporadic rise of the Court-Connected ADR Resolution mechanism is a
product of bold initiative to integrate a hitherto private process of ADR into
the mainstream of formal judicial setting. The integration of ADR mechanism in
formal legal system of dispute resolution in court setting now provides
disputants with a dossier of supplement to litigation, as classical court room
process available in litigation no longer satisfies the yearnings for desirable
fair and efficient justice delivery and administration system. A typical MDCH
system has the following ADR processes- Arbitration, Mediation, Conciliation,
Early Neutral Evaluation and other Hybrid Processes integrated with litigation
processes under direct supervision of designated Judges, classified as ADR
Judges. Matters are initiated through – Court Referral, Walk-in and Direct
Intervention.
Essential Features of the NICN ADR Centre:
Given
the tortuous journey the National Industrial Court of Nigeria (NICN) has
undertaken through its committed and visionary leadership, to be repositioned as
a prominent superior Court of record expressly listed in the Constitution by
virtue of S.254C of the 1999 Constitution (3rd Alteration) 2010, the Court was
poised to set up a formidable unique ADR Centre, improving on researched
assessment of the operation of the existing Multi-Door Court House (MDCH)
system. Essentially, the ADR Centre established by the NICN has unique features
which differ markedly from the regular MDCH system operating in the High Courts
of various States in Nigeria and the Federal Capital Territory.
The
NICN ADR Centre Instrument & Rules 2015 are twin documents which provide
the legal framework for the establishment and operation of the ADR Centre. By
S.254C (3) of the Constitution of Federal Republic of Nigeria 1999 (as
amended), the NICN ADR Centre is the first and only Court-Connected ADR Centre
which was established pursuant to the Constitution. It also derive its root
statutorily from the combined provisions of Ss.1 (2) (a) and 20 of the National
Industrial Court Act (NICA) 2006, which empower the President of the Court, to
administer the Court and also encourage the promotion and use of ADR in the
Court.
The
NICN ADR Centre is well structured with separately designated Staff and
Management, but who are also part of the integral Staff and Management of the
Court. The Staff hierarchy headed by the Director of the Centre (equivalent of
Deputy Chief Registrar) is also streamlined with that of the Court’s regular
Staff Cadre. In fact, the qualified Staff of the Centre sits as ADR Officers to
complement qualified external consultants sitting as Neutrals in the
Mediation/Conciliation panel. Its funding is guaranteed as part of the Court’s
budget.
 

Credit – ofcounselnigeria.org

The
Centre has clear cut mandate set out in Art.4 (1) of the Instrument: To enhance
and facilitate quick, efficient and equitable resolution of certain employment,
labour and industrial relations disputes within the jurisdiction of the Court;
to minimize, reduce, mitigate and eliminate stress, cost and delays in justice
delivery by providing a standard ADR framework for fair, efficient, fast and
amicable settlement of disputes; and to assist disputants in the resolution of
their disputes without acrimony or bitterness.

Unlike the MDCH system, there are laid down objective criteria expressly set
out to guide the screening matters to qualify for the ADR. By virtue of Art 4
(4)(c )(5) of the Instrument, for a matter to qualify, the matter must first
fall within the jurisdiction of the Court. Such matter shall not be on
interpretation or challenge of the jurisdiction of the Court and the substance
can be on monetary claims. Criminal cases are entirely excluded. The guide as
to matters that can qualify on the basis of the jurisdiction of the Court is
spelt out in Art.4(5) of the Instrument, which adopted the some specific
matters the Court exercise exclusive jurisdiction on , as stated in
S.254C(1)(a),(c),(g)(k) of the 1999 Constitution (as amended) and S.7(1)(a) and
(b) of the NIC Act 2006, all relating to employment, labour, industrial
relations and environment and condition of work, health, safety and welfare of
labour, and related matters.
The
Centre does not accept Walk-In matters by persons who do not have their case
formally filed in the Court. This makes the Centre truly Court-Connected ADR
Centre. By the combined effects of Art.4(4)(a)-(c) of the Instrument and Or.3
R.2 of the Rules, matters can only be initiated in the Centre through – the
parties or referral by the discretion of the President of the Court or Judge
handling the matter. Either of the parties in a dispute can upon filing the
action in the Court apply to the President of the Court for the action to be
resolved through the ADR. Both parties can upon joining issues in the action
mutually opt to use the ADR process, in which case the Judge of the Court
seized of the matter shall refer the matter to the Centre. By Art 4(6) (c) of
the Instrument, even a single issue can be referred without the entire matter,
thereby encouraging frankly resolution of dispute in bifurcated proceedings in
the Court and the Centre.
Another
interesting feature of the NICN ADR Centre is that the ADR Process available in
the Centre is limited to Mediation and Conciliation. Thus, Arbitration is not
utilized in the Centre. This may perhaps be, to give clear way for the use of
Arbitration in the Industrial Arbitration Panel (IAP), which Award is now
enforceable or challenged in the NICN, courtesy of the enlarged and streamlined
powers of the Court under the new Constitution.

Since quick resolution of dispute is a great attraction of ADR, conscious
effort was made in the NICN ADR Centre Instrument & Rules to expressly
provide for effective utilization of time in resolution of dispute referred to
the Centre. By Art. 4(26) of the Instrument and Or.3 R.7 of the Rules, the duration
of proceedings in the Centre is 21 days which can be extended by additional 10
days upon a request by the Director of the Centre made within 5 days before the
expiration of the 21 days to the President of the Court, who can approve the
extension.Or.3 R.8 of the Rules limited request for adjournment by a party to 2
times. By Or.3 R.2 of the Rules, the President or a Judge can refer a matter
after all interim or interlocutory applications on such matter have been heard
by the Court. And by Or.3 R.4 of the Rules, no interlocutory application is
entertained in court in respect of the referred matter until the ADR process is
concluded. These are indeed, proactive measures put in place to avoid
distraction and to keep the process in focus towards amicable resolution of
dispute referred to the Centre.
Confidentiality
is the hallmark of the mediation process, which is the key driver of the
Centre’s ADR process. Adequate provisions exist also to ensure confidentiality
of the process. No communication of the proceedings is made public. It is only
successful proceedings which have been entered as Judgment of the Court that
can be made available by the Court to the public, perhaps, through law
reporting, for development of the jurisprudence of the process. Adequate provisions
were made to guard against breach of confidentiality and conflict of interest
in Art. 4(33-(37) and Art. 9(4) of the Instrument. A very unique provision
which is at the heart of ensuring confidentiality of the mediation process is
Art. 4(27)(b) of the Instrument dealing with content of Report of unresolved
matter( failed mediation) which expressly excluded the Record of Proceedings of
the ADR session from the memorandum which the Director shall submit to the
President of the Court or the Judge that referred the matter to the Centre.
With this rule, the Court hearing a failed ADR case would be open-minded and
would not be biased at the trial against the party perceived to be responsible
for the failed ADR. The parties would also be less aggressive at the trial in
Court, being sure that the records of disclosures of their underlying interests
in the dispute are privileged. Many of the regular Multi-Door Court House
system did not make adequate precaution against confidentiality challenge
arising from failed mediation process. At the MDCH, if resolution fails, the
Case Manager issues report with details of what happened at the ADR attempt and
sends the file to court with a hearing notice issued to the parties. The report
is often biased as it tends to indicate who was responsible for the failed
resolution based on the assessment of the person writing the report. This
attitude which impinges on confidentiality of the process is one of the
challenges currently affecting the efficacy of resolution of dispute at the
MDCH.
Art.4
(29); 4(10),(31) and(32); Art.6(1)-(9) and Art.5(1)-(2) of the Instrument
carefully spelt out the role of the Court, the ADR Officers /Neutrals, the
Parties as well as Counsel in the ADR process. The Court only play supportive
role in referral and entering the Terms of Settlement as Judgment of the Court.
ADR Officers are barred from imposing any decision/opinion or taking any
judicial action/pronouncement, but are limited to facilitate the resolution of
the dispute using Mediation/Conciliation according to the laid down procedural
steps set out in Or.4 R.(1)-(21) of the Rules. The parties are enjoined to
cooperate and participate actively towards amicable resolution of their
disputes in a win-win outcome. Parties have their liberty to settle or not to
settle their dispute but they must appear at the Centre. Counsel are enjoined
to bear in mind the overriding objective of use of ADR in dispute resolution at
the Centre, and as such should encourage and allow their Client parties to participate
actively in mediation or conciliation process , while serving as advocates of
their Client’s interest in the proceedings. Although Counsel is to execute the
agreement reached, but by Art.6 (8) of the Instrument, a Counsel’s signature
can be dispensed with in a situation where an amicable settlement agreement has
been reached and a term of settlement drawn through mediation or conciliation
process but any of the counsel to the parties refused to execute the agreement,
such party is at liberty to execute the terms of settlement on his /her or its
own.
The
NICN ADR Centre Instrument & Rules provides for another unique feature in
being the first ADR instrument to address the significant issue of Counsel’s
Fess. Overtime, one of the perceived grounds for reluctance of Counsel to
embrace ADR is the fear that ADR represents.

Acute Drop in Revenue, as Counsel are often victims of antics of Client’s
belief that lawyers are not entitled to considerable fees without involving in
protracted litigation. Art.7 recognizes the Counsel’s entitlement to his/her
fees in matters settled at the ADR Centre. It provides: “Notwithstanding
anything to the contrary contained in this Instrument, the referral of a matter
from the Court to the Centre shall be without prejudice to the payment of any
professional fees agreed upon between the parties and their respective
Counsel”. Counsel can always take advantage of this provision to strengthen the
Agreement for Professional Fees by incorporating it as a Clause in the Terms of
Settlement, which is binding on the parties pursuant to Art.5 (30) of the
Instrument and enforced also as a Judgment of the Court.
Conclusion:
A concerted effort has been exerted in bringing to bear the innovative
provisions of the National Industrial Court of Nigeria(NICN)’s Alternative
Dispute Resolution (ADR) Centre Instrument & Rules 2015, which sets out the
legal framework for establishment and operation of the NICN ADR Centre
operating in six Judicial Divisions in States located in six geo-political zones
of Nigeria. The unique features of the provisions of the Instrument& Rules
have been highlighted to showcase the Centre as different from the regular
Multi-Door Court House (MDCH) system, pioneered by the Lagos State Judiciary
and now replicated in the High Court of the Federal Capital Territory (FCT)
Abuja, as well as several States High Courts in Nigeria.
There
is no doubt that with the timely inauguration and overt support of the
leadership of the Court, the NICN ADR Centre is well positioned to discharge the
mandate of the Court in contributing towards ensuring harmonious industrial
relations for the Nation’ socio-economic development and growth.
Ed’s Note: This article was originally published here