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Andrew Balfour, Chairman, Africa Practice Group, Slaughter and May joins panel of Judges of the Nigerian Legal Awards

by Legalnaija | Feb 21, 2016 | Uncategorized

Andrew
is Chairman of our Africa Practice Group and is responsible for shaping the
firm’s Africa strategy. He works closely with our partners and acts as an
ambassador for the firm, promoting our practice throughout the continent.

Prior
to his retirement as a partner in 2011, Andrew was Head of our Financing
practice and a member of the Partnership Board. His practice, in over 30 years
with the firm, covered a wide range of corporate and financing work, including
UK privatisations, mergers and acquisitions and financing transactions. Andrew
was a leading financing lawyer, notably representing the interests of borrowers
in the development of the Loan Market Association’s investment grade loan
documentation.

During
his legal career, Andrew worked on several transactions in Africa, including
acting for the arrangers of international private equity issues, acting for
borrowers and lenders on loan transactions and acting on the acquisition of a
major sugar refining business.

Since
retiring as a partner, Andrew has maintained an ongoing interest in Africa. He
has become a Trustee of Lawyers for Justice in Libya, which promotes human
rights in Libya, and has worked with a major international charity on, and has
visited, an innovative combined HIV and TB project in Kwa-Zulu Natal, South
Africa.

Andrew is Chairman of our Africa Practice
Group and is responsible for shaping the firm’s Africa strategy. He works
closely with our partners and acts as an ambassador for the firm, promoting our
practice throughout the continent.

Prior
to his retirement as a partner in 2011, Andrew was Head of our Financing
practice and a member of the Partnership Board. His practice, in over 30 years
with the firm, covered a wide range of corporate and financing work, including
UK privatisations, mergers and acquisitions and financing transactions. Andrew
was a leading financing lawyer, notably representing the interests of borrowers
in the development of the Loan Market Association’s investment grade loan
documentation.

During
his legal career, Andrew worked on several transactions in Africa, including
acting for the arrangers of international private equity issues, acting for
borrowers and lenders on loan transactions and acting on the acquisition of a
major sugar refining business.

Since
retiring as a partner, Andrew has maintained an ongoing interest in Africa. He
has become a Trustee of Lawyers for Justice in Libya, which promotes human
rights in Libya, and has worked with a major international charity on, and has
visited, an innovative combined HIV and TB project in Kwa-Zulu Natal, South
Africa.

Philip Stopford, Andrew Jones, John Miles, Kem Ihenacho To Join Panel Of Judges For The Nigerian Legal Awards

by Legalnaija | Feb 21, 2016 | Uncategorized

The
organisers of the Nigerian Legal Awards have announced the appointment of some
international Law firm Partners and General Counsel for the Nigerian Legal
Awards. According to Lere Fashola, Head of the team, this is in line with the
organisers resolve to further improve on the quality and transparency in the
process leading to the nomination and evaluation of winners of this industry
respected Nigerian Legal Awards.

Speaking
with journalists recently in Lagos, Lere Fashola confirmed the appointment of
Dr Adesegun Akin-Olugbade, Executive
Director and Head Legal Services, African Finance Corporation who will chair
the panel of Judges. Other confirmed judges are, Mr Andre Jones, Partner and
Head of Africa Group, Linklaters LLP, London, Nankunda Katangaza – Former Head,
International Policy, Law Society of England and Wales, Mr J. Miles, Director
of JMiles & Co. Kenya, Kem Ihenacho, Partner, Lathman and Watkins(London),
Ms. Funke Abimbola FRSA,General Counsel & Company Secretary,UK &
Ireland) Roche Products Limited, UK, Ibiyemi Ifederu, General Counsel and
Company Secretary, Orange, UK, Prof (Mrs)Yinka Omorogbe, Former General
Counsel, NNPC, Mrs Oluwatoyin Sanni, MD/CEO, UBA Trustees and Chairperson of
the Capital Market Committee, Dapo Otunla – General Counsel, Notore Chemical
Industries Limited, Mr Adeyemi Johnson, CEO Open Spaces Compliance, UK, Ms Remi
Aiyela, Publisher, NOG Intelligence.

Other
invited Judges are, Patric Mgbewenlu, Director, FBN Capital, Mr Philip
Stopford, Partner, White and Case (London), Arun Velusami, Partner, Notonrose
Fulbright (London), Paul Smith, Chairman, Evershed International(UK), Mark
Molyneux, Partner, Addleshaw Goddard, PETER STRIVENS, Partner,BAKER MCKENZIE
(UK), Andrew Balfour, Slaughter and May, Paul Bugingo, Partner, Simmons and
Simmons (UK) and others.

The
ESQ Nigerian Legal Awards sets out to recognise the important contributions the
legal business community makes to the development of the Nigerian economy. The
Corporate Counsel Awards will honour the contribution of the Corporate Counsel
and their in-house legal teams to their organisations as they transact business
deals from day-to-day.

“Our
focus this year will be to benchmark legal service delivery in Nigeria against
international acceptable standards. In spite of the enormous challenges facing
the Nigerian economy today, Nigerian lawyers continue to play strategic roles
in ensuring the growth and sustainability of the Nigerian state and indeed
Nigerian businesses. There is therefore an urgent need to continue to celebrate
the noble contributions of Nigerian lawyers towards the advancement of the
Nigerian economy”.

“We
are happy that Dr Adesegun Akin-Olugbade, Executive Director and Legal Adviser
of the Africa Finance Corporation has graciously consented again to chair this
panel of highly reputable and independent minded panel of judges comprising
both local and international professionals including International Law Firm
Partners, Investment Bankers and CFOs of major Banks in Nigeria etc.”

“We
look forward to discussing with interested organizations or law firms that may
be willing to discuss brand sponsorship or any other sponsorship/support or
partnership with us.”

This
year’s edition of the Nigerian Legal Awards dinner will hold on 6th October,
2016 in Lagos Nigeria. Nomination for this award will open on 1st March, 2016.
and will run till 15h May 2016. Details of the criteria and selection process
for the Nigerian Legal Awards can be found on the award website at
www.esqnigerianlegalawards.com.

The
organisers of the Nigerian Legal Awards have announced the appointment of some
international Law firm Partners and General Counsel for the Nigerian Legal
Awards. According to Lere Fashola, Head of the team, this is in line with the
organisers resolve to further improve on the quality and transparency in the
process leading to the nomination and evaluation of winners of this industry
respected Nigerian Legal Awards.

Speaking
with journalists recently in Lagos, Lere Fashola confirmed the appointment of
Dr Adesegun Akin-Olugbade,Executive
Director and Head Legal Services, African Finance Corporation who will chair
the panel of Judges. Other confirmed judges are, Mr Andre Jones, Partner and
Head of Africa Group, Linklaters LLP, London, Nankunda Katangaza – Former Head,
International Policy, Law Society of England and Wales, Mr J. Miles, Director
of JMiles & Co. Kenya, Kem Ihenacho, Partner, Lathman and Watkins(London),
Ms. Funke Abimbola FRSA,General Counsel & Company Secretary,UK &
Ireland) Roche Products Limited, UK, Ibiyemi Ifederu, General Counsel and
Company Secretary, Orange, UK, Prof (Mrs)Yinka Omorogbe, Former General
Counsel, NNPC, Mrs Oluwatoyin Sanni, MD/CEO, UBA Trustees and Chairperson of
the Capital Market Committee, Dapo Otunla – General Counsel, Notore Chemical
Industries Limited, Mr Adeyemi Johnson, CEO Open Spaces Compliance, UK, Ms Remi
Aiyela, Publisher, NOG Intelligence.

Other
invited Judges are, Patric Mgbewenlu, Director, FBN Capital, Mr Philip
Stopford, Partner, White and Case (London), Arun Velusami, Partner, Notonrose
Fulbright (London), Paul Smith, Chairman, Evershed International(UK), Mark
Molyneux, Partner, Addleshaw Goddard, PETER STRIVENS, Partner,BAKER MCKENZIE
(UK), Andrew Balfour, Slaughter and May, Paul Bugingo, Partner, Simmons and
Simmons (UK) and others.

The
ESQ Nigerian Legal Awards sets out to recognise the important contributions the
legal business community makes to the development of the Nigerian economy. The
Corporate Counsel Awards will honour the contribution of the Corporate Counsel
and their in-house legal teams to their organisations as they transact business
deals from day-to-day.

“Our
focus this year will be to benchmark legal service delivery in Nigeria against
international acceptable standards. In spite of the enormous challenges facing
the Nigerian economy today, Nigerian lawyers continue to play strategic roles
in ensuring the growth and sustainability of the Nigerian state and indeed
Nigerian businesses. There is therefore an urgent need to continue to celebrate
the noble contributions of Nigerian lawyers towards the advancement of the
Nigerian economy”.

“We
are happy that Dr Adesegun Akin-Olugbade, Executive Director and Legal Adviser
of the Africa Finance Corporation has graciously consented again to chair this
panel of highly reputable and independent minded panel of judges comprising
both local and international professionals including International Law Firm
Partners, Investment Bankers and CFOs of major Banks in Nigeria etc.”

“We
look forward to discussing with interested organizations or law firms that may
be willing to discuss brand sponsorship or any other sponsorship/support or
partnership with us.”

This
year’s edition of the Nigerian Legal Awards dinner will hold on 6th October,
2015 in Lagos Nigeria. Nomination for this award will open on 1st March, 2016.
and will run till 15h May 2016. Details of the criteria and selection process
for the Nigerian Legal Awards can be found on the award website at
www.esqnigerianlegalawards.com.

Nomination opens for the 2016 edition of the Nigerian Legal Awards on 1st March 2016

by Legalnaija | Feb 21, 2016 | Uncategorized

The
2016 edition of the annual Nigerian Legal Awards launched recently with a call
for the leading Nigerian law firms and In-House legal departments to submit
entries.

The
Nigerian Legal Awards is the only and most respected legal awards in Nigeria. The
award is set to celebrate the important contributions of lawyers to businesses
and indeed the economy. By uniting the most pertinent categories with the
country’s leading law firms and In-House Legal Departments, our independent and
highly reputable panels of judges are called to recognise success across the
Nigerian legal community.

For
details of nomination and categories of award, please Visit:

www.esqnigerianlegalawards.com

The
last one year has been challenging for businesses including lawyers. With
increasing drop in the crude oil price and its attendant effect on a monolithic
economy like Nigeria, many agree that the present times in the country and
indeed challenging. However, smart businesses and lawyers continue to take
advantage of available opportunities and resources and the amount of projects
and growth indices leads to many success stories.

This
year’s award is set to benchmark legal service delivery in Nigeria Africa’s
largest economy against globally acceptable standards of practice. The award
will celebrate Nigerian lawyers’ contributions to the development of the
economy and defense of businesses. To shore up the credibility profile of this
award, we have raised the bar in the process of nomination and evaluation of
entries up to the selection of the awarded.

We
have also carefully appointed highly reputable international lawyers and
Chairmen/Heads of the Africa Practice/Business Groups of some of the world’s
largest and leading International Law Firms who have been contributing in their
own way towards the development of the Nigerian Market for over a longtime.
These are men of integrity and distinctions whose contributions to this year’s
award no doubt will take this award to the next level.

Another
innovation this year will be in the launch of our annual publication of the 40
under 40 young lawyer achievers who will shape the future of the legal
profession in Nigeria.

Why
wait to make your entries? Visit www.esqnigerianlegalawards.com to put your
firm in the spotlight for 2016.

Please
kindly also send copies of your entries to awards@esqlaw.net

Entry
deadline: Friday 29th July 2016.

If
you have any questions or comments regarding the process, nominations or how to
partner/ sponsor or better still be a part of this event, please do not
hesitate to call me on 08035269055 or email me at awards@esqlaw.net

Lere Fashola

Publisher/CEO,

Legal Blitz (Legal Consultancy)

Plot 2, Ayodele Fanoiki Street

Magodo G.R.A Phase1, Isheri, Lagos.

The Importance of a Bill of Lading in International Trade by Damilola Osinuga

by Legalnaija | Feb 21, 2016 | Uncategorized

Credits – www.cargax.com

International trade dates back to centuries and has often been seen as a
driving force to economic, social and political stability. It significantly contributes
to the gross domestic product of nations. Bill of lading is a written evidence
of a contract for the carriage and delivery of goods sent by sea for certain
freight. Typically, a shipper delivers goods to a carrier while the carrier or
his agent issues a bill of lading. The Court in B.M.Ltd.v.WoermannLine defined a bill
of Lading as

“A
written document signed on behalf of the owner of the ship, in which goods are
embarked, acknowledging the receipt of the goods and undertaking to deliver
them at the end of the voyage, subject to such conditions as may be mentioned
in the bill of lading. The bill of lading is therefore a written contract
between those who are expressed to be parties to it”

Types of Bill of Lading

•Negotiable and
Straight Bill of Lading

A
bill of lading is negotiable when it is made out to the bearer and can be
passed hand to hand just like cash.

•Shipped and Received
for Shipment Bills

A
shipped bill of lading is one which states that the goods have actually been
shipped on board. The received for shipment bill of lading is usually issued
when the carrier receives goods into its custody prior to shipment.

• Clean Bill of Lading
and Claused Bill of Lading

A
bill of lading is said to be clean when it qualifies the goods in good order
and condition on receipt by the carrier. A bill is claused when it is annotated
to show that the goods carried are not in apparent good order and condition
(bad condition). Where a document is claused, such document may be rejected by
the buyer.

•Through Bills of Lading

This
is usually used when the carriage of goods is to be undertaken by two or more
carriers.

IMPORTANCE OF A BILL OF LADING

The
bill of lading is a significant document in international sales especially to
the buyer. The bill of lading serves the following functions.

Bill of Lading as a Receipt

The
Court in Ogwuru v.Co-op bank of E/N Ltd. stated that it serves as a receipt for
goods. A bill of lading is evidence of the fact stated in it which means that a
shipped bill is evidence that such goods have been conveyed and such was
shipped on the date of shipment stated on the bill. Its relevance as an
evidential device becomes expedient when the carrier has not delivered what was
shipped by the seller. When there is a dispute as regards the quantity of goods
or condition of goods, the bill of lading, (pursuant to Article 3 rule 4)
becomes a prima facie evidence that the goods where shipped in the conditions
stated on the bill of lading. Such evidence becomes conclusive .

Bill of Lading as a Document of Title
A document of title is a document that allows the holder to deal with the goods
like he is the owner of such goods. The concept of a bill of lading as a
document of title has been well conceptualized by Sassoon. He stated that a
bill of lading allows a buyer or his agent to obtain actual delivery of the
goods at the designated port. A lawful holder of a bill of lading can be said
to have constructive possession of the goods. While goods are in transit, the
owner of such goods can sell his goods to another person just buy delivering
the bill of lading for consideration. Thus, a lawful holder can pass the
property in goods by delivering the documents to a third party. It is pertinent
to state that a Straight Bill of Lading is not a document of title.

Bill of Lading as a Document of Credit

Documentary
credit covers letter of credit transactions where the buyer’s bank provides a
letter of credit that effects the payment for the goods purchased. The seller
is comforted by substituting the credit worthiness of the bank for the
creditworthiness of the buyer. Documentary credit usually provides the seller
with a reliable mechanism of payment. The seller is assured of payment
irrespective of whatever dispute arises from the sale contract. The use of
documentary credit has become so popular that Lord Diplock stated that:

“International trade has to an increasing extent been
financed by bankers’ confirmed credits. So much so that the classic f.o.b and
c.i.f contracts of the textbook providing for cash or acceptance against
document without the intervention of the banker are now probably the exception
rather than the rule”

The
requirements of a bill of lading to be used for documentary credit are stated
in Article 20 UCP 600. The UCP does not expressly state any discrepancies
between a negotiable bill of lading and a non-negotiable bill of lading. Banks
will usually demand the full set of bills of lading if more than one is issued
and would reject any tender which is less than the full set.

A typical example of this is stated as
follows; Parties will usually agree upon a contract of sale, then the buyer
will contact its bank to have a letter of credit issued with the seller as the
beneficiary. A letter of credit can either be funded by a loan or simply
debited from the buyer’s account balance if sufficient funding is available.
The issuing bank corresponds with an advising bank that is usually in the
seller’s country. The advising bank acts as the issuing bank agent in effecting
payment under the letter of credit.

The seller then goes on to procure a contract
of carriage with a carrier in exchange for a bill of lading stating that such
goods will be delivered at the agreed destination. The bill of lading is
presented to the bank as a condition to secure final payment. The issuing bank
then returns the document to the buyer who afterwards, presents the bill of
lading to the carrier to reclaim his goods.

The
bill of lading has over the years become so important in documentary evidence.
The bank will only be willing to accept a clean bill of lading with other
requirements stated in Article 20 of the UCP in other to effect a documentary
form of credit in favour of the buyer.

Bill of lading as a document that gives right to sue
Section 375(1) of the Merchant Shipping Act, states that:

“Every consignee of goods named in a
bill of lading, and every endorsee of a bill to whom the property in the goods
therin mentioned shall pass upon or by reason of such consignment or
endorsement shall have transferred to and vested in him all the right of suit,
and be subject to the same liabilities in respect of such goods as if the
contract contained in the bill of lading had been made with himself”

This
means that the right to sue is derived from acquiring the bill of lading. The
provision makes it clear that only a named consignee or where the bill is
endorsed, can have a right to sue.

The Bill of Lading as the only binding Contract of
Carriage between the Buyer and Carrier

The
only binding contract between the buyer who is usually the receiver of the
goods and the carrier is that which is on the bill of lading. This simply means
that terms agreed outside the bill of lading are excluded. The rationale behind
this principle is that the buyer has only a notice of those terms on the bill
of lading and subjecting him to terms outside this, will amount to a violation
of the principle of contract law. The court upheld this position in Leduc v.
Ward where the court held that the argument of the carrier – that there was no
deviation because it had been agreed between the shipper and the carrier –
didn’t bind the buyer since it was outside the bill of lading.

The
bill of lading has had a long history and has efficiently served the commercial
community. It is remarkably a product of ingenuity. The single purpose of
enabling negotiability and transferability has put it at advantage over every
other kind of document used for shipping. It is convenient and has been said by
Sir Anthony Lloyd to be of “Magical quality”.

The
use of bill of lading by the commercial and business community makes parties
feel more comfortable. Although the bill of lading is more susceptible to
fraud, it is still the most important document in a shipping document.

This Article was produced by ‘Damilola Osinuga. LL.B, LL.M, ACIArb. A Legal
Practitioner and expert in the areas of Maritime, Insurance, International
Trade and Ship Brokerage.

Editor’s note: This article is written by Damilola Osinuga LL.B, LL.M, ACIArb and was originally posted on www.linkedin.com .

#Didyouknow – Police Arrest

by Legalnaija | Feb 19, 2016 | Uncategorized

Credits – www.abcnewsonlineradio.com

A suspect shall not be arrested merely on a civil wrong or breach of contract.

Section 8(2) Administration of Criminal Justice Act (2015)

Adedunmade Onibokun Esq

@adedunmade/twitter

dunmadeo@yahoo.com

Will you fight to protect your rights

by Legalnaija | Feb 19, 2016 | Uncategorized

Credits -www.pulse.ng

Will you fight to protect your rights?

It’s no secret that members of the police force and solders in the army sometimes subject citizens to torture and degrading treatment. The Police may physically assault you while Solders who believe you have wronged them may usually order a citizen to frog jump or serve a type of punishment. Members of the armed forces I believe have a superiority complex to other citizens and make this obvious in their interactions with citizens. For instance calling a female solder beautiful can earn you a lot of trouble as experienced recently.

This begs the question, what happened to our human rights as Nigerians? How come it gets trampled on by those who swore to protect us and how come we always feel helpless when faced with such situations. A friend who listens to your story of torture will most likely advise you to thank God that you lived to tell the story, rather than advise you to sue in court for the enforcement and protection of your human rights. Can we however blame such a friend, very few citizens believe in the administration of justice system in Nigeria. Many people believe only the rich can get justice, a statement I don’t agree with having appeared in court several times and witnessed litigants obtain justice against large corporations and more wealthy opposing litigants.

Section 34 of the Constitution of the Federal Republic of Nigeria (1999) provides that every individual is entitled to respect for the dignity of his person, the section further states that no person shall be subjected to torture or inhuman or degrading treatment. Neither shall any individual be held as a slave or required to perform forced or compulsory labour.

Credits -informationnigeriang.com

Therefore, when a police man slaps a citizen or a solder orders him to perform some form of punishment, is that degrading enough to warrant a breach of his rights or does he have to wait till he is beaten and locked up in a cell? The Court of Appeal in A.G & Commissioner of Justice, Kebbi State V. Jokolo & ors(2013) LPELR-22349 stated that a degrading treatment is to do unpleasant things to someone and to make him lose self-respect.

The big question now is when your guaranteed right to dignity of human person is breached and trampled upon. What will you do, cower into your private corner to lick your wounds quietly and thank your stars that you are not dead or will you rally civil society and bring an application for breach of fundamental human rights before the court. Remember that if we don’t stand for what is right now, we will all fall for what is wrong.

Adedunmade Onibokun Esq
@adedunmade/twitter
dunmadeo@yahoo.com

DIVORCE, DOMESTIC VIOLENCE AND DEATH By Akinyemi Ayinoluwa.

by Legalnaija | Feb 17, 2016 | Uncategorized

“Bolanle, battered wife of deposed Deji of Akure dies.“ – July, 13, 2011.

“Akolade Arowolo stabs wife to death, cuts her into pieces.” – June, 29, 2011

“How lawyer stabbed husband to death in Ibadan.” – February, 3, 2016

The similar thread in these tragic headlines is that death became the by-product of violence, suffered at the behest of a hitherto loving husband or wife.

Marriage is reputed to be a sacred institution. By faith, it embodies a lifelong commitment commanded by God, not a death sentence like many would assume. Our faith also emphasizes the sanctity of marriage, be it monogamous or polygamous.

The BACKSTORY to this piece, as reported by a Nigerian newspaper reads thus:

“A certain man identified as Oyelowo Ajanaku Oyediran was on Tuesday, 2nd of February, 2016, stabbed to death by his wife, Yewande Ayediran nee Fatoki, in Ibadan, Oyo state capital.

According to reports on Havilah Magazine, Yewande, a lawyer, is the daughter of a Venerable and had been married to Oyediran for three years without a child.

On Monday night, she heard her husband had a son outside wedlock.

This, reports alleged, generated into a heated argument between the couple which resulted in a squabble and the eventual stabbing of her husband on the shoulder.

Oye had gone to the hospital to be treated and the stab wound on the right shoulder was stitched.

Thereafter, he went home to sleep. However, at the early hours of Tuesday morning while he was still sleeping due to the effect of the drugs he had taken, his wife reportedly slaughtered him and locked the door refusing to call for help and ignoring his weak plea for help.

After a while, reports say his aggrieved wife called on the Landlady who upon response saw him in the pool of his own blood. He died few minutes later.

The lady, having the powerful backing of her family is reportedly on the run and hiding from the police.

According to claims by her alleged powerful political family, she is mentally unstable. The general belief is that the Fatokis are presently using all their influence to cover the story surrounding the death of the deceased.

As at press time, the story has taken a new dimension as Yewande is allegedly claiming to be innocent.

Meanwhile, there is yet to be any official confirmation of the incident from the police.”

This sad occurrence – another needless death – thrusts upon us (society) the need to be proactive when one of our own is challenged in a violent marriage. This story underscores the significance of a timely intervention by law via Judicial Separation or ultimately, a Divorce – when violence is prevalent in marriage.

While many crave a marriage filled with love, fulfilment, beautiful memories and a promise of a better tomorrow. In spite of this lofty aspiration, if this never materialises, should anyone be condemned to a life of nothingness and death? The law provides an answer.

Realists are forthright with describing marriage. They opine that a perfect marriage is sentimental fiction. They believe that marriage is never a joyride but an institution whose strength will continually be tested. I accept that it is a noble gesture to ensure it survives turbulent times. But, when is it reasonable to give up on a troubled marriage? I hold the view that it is safe to walk away when sanity and life is threatened by violence.

From my experience as attorney, there is a thin line between love and murderous hate. Violence makes the difference. Domestic violence is intentioned intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another.

The Prohibition Against Domestic Violence Law No 15, 2007 of Lagos State attempts to intervene. Under the law, spousal battery, forceful ejection from home, forced financial dependence or economic abuse, harmful traditional practices, substance attacks such as acid baths, spousal abuse and sexual assault are offences. However, very few people seek refuge under this legislation, they are wary of airing their private affairs in public. How do victims rationalise having their partners arrested and charged to court?

In Nigeria, the society thinks you should fight to the death for the sustenance of an ailing marriage. Religious, cultural and traditional systems have entrenched this belief. In addition, marriage confers cherubic garbs on persons lucky to have contracted it. The pressure heaped on eligible spinsters and bachelors is palpable. They are continually reminded of their single status at every turn; on social media, at place of worship, institutions of higher learning, family shindigs, etc. In contrast, divorce is a destroyer and spoliator. People whose marriages fail are treated with derision, and condemned to a life of guilt.

The society comprises the father, mother, brother, sister, uncle, aunty, pastor, boss, counsellor, doctor, police officer, lawyer, co-worker, judge, friend etc. They are privy to the challenges encountered by reason of their relationship to the people married, but are hardly honest to deal with the issues of domestic violence vis-a-vis the inevitability of a separation or divorce.

Oftentimes, the victims of forced death in a destructive marriage understood that something had to be done for self-preservation. They saw danger hovering around as they stayed back in their tumultuous relationship. They conferred with more experienced people, they were admonished – to be more submissive, fast and pray, be quiet and be more given to bending over backward to please their better-half. They weighed all options. They gave their best to make it work because they knew where the shoes pinched. But fate still dealt a fatal blow in the end.

In Nigeria, couples have the choice of having a customary marriage or a statutory marriage. A customary marriage is a marriage contracted under the native law and custom. A statutory marriage is a marriage contracted under the Matrimonial Causes Act.

The legal implication of this choice is that, while a statutory marriage can only be dissolved by statutory grounds provided in the Matrimonial Causes Act, a customary marriage can be dissolved by the customary court.

Grounds for Divorce

By virtue of Section 15(1) of Matrimonial Causes Act of 1970, a court has the jurisdiction to make an order dissolving a statutory marriage only on the sole ground that, the marriage has broken down irretrievably. To arrive at a conclusion that a marriage has broken down irretrievably one must prove the scenarios set out in sub-section (a) to (h) of Section 15 (2) of the Act:

That either party has wilfully and persistently refused to consummate the marriage.
That either of the married party has committed adultery and the partner can no longer tolerate his/her partner.
That either party can no longer tolerate the behaviour of the second party.
That either of the married party has been abandoned for up to one year from the day the petition was filed

That both parties have been living apart for a period of two or three years from the day the petition was filed and have no objection with regards to the dissolution.
That either party has failed to comply with restitution of conjugal rights for at least a year.
That either party of the married couple has been missing for such a long time and has thus been presumed dead.
An attempt to murder or unlawfully kill the petitioner.
Found to be of unsound mind and unlikely to recover.
Rape, sodomy, or bestiality.
Habitual drunkenness.
Frequent convictions for crime in respect of which the respondent has been sentenced and imprisoned for a period not less than three years.

If a victim of domestic violence considers divorce too abrasive an option, he or she could consider judicial separation in the mean time. During this interlude, parties could still stumble on redemption for their union. But the sad reality is that violent spouses are rarely rehahabilitated.

I hold the humble view that there is no justification for society’s expectation of a perfect life in matrimony. I also believe that the love for religion or traditional beliefs should not keep people shackled to a marriage easing them to a morgue.

What do you think? Please feel free to use the comment section below.

Editor’s note: This article was initially published by the author on www.hightowerlawyers.com on February 16, 2016.

CORPS MEMBERS & @StandtoEndRape SENSITIZATION AGAINST DOMESTIC VIOLENCE AND RAPE

by Legalnaija | Feb 17, 2016 | Uncategorized

Members of the Lagos State National Youth Service Corps (NYSC), Editorial and Publicity Community Development Service (CDS) group 2015 Batch A members partners with Stand To End Rape (STER) Initiative and the Lagos State Domestic and Sex Violence Response Team (DSVRT) to embark on a domestic and sexual violence project titled “CORPS MEMBERS SENSITIZATION AGAINST DOMESTIC VIOLENCE AND RAPE”. This is with the aim of adding value and making impact in the community as a CDS group.

The project which begun on the 15th of February is in 3 phases. The first phase which is ongoing, is the Online Awareness. STER Initiative and the CDS group via @StandtoEndRape and @ekocorpersdiary have been using pictures, articles/short stories on social media with hashtag #ShunDomesticViolence #StandToEndRape #LetsEndRape to capture the online populace and enlighten them about rape &domestic violence.

The second phase which is the radio awareness would run for two Thursdays Feb18th and Feb 25th, where corps members of the Editorial would have the Executive Director of STER Initiative, Miss Oluwaseun Ayodeji Osowobi and the DSVRT Coordinator – Mrs. Lola Vivour as guests on the Eko Corpers Diary radio shows on Unilag Fm at 2:05pm and Eko Fm at 6:30pm, shed more light on the social issue, but the first Thursday Feb 18th would be after a symposium with corps members at the NYSC Secretariat, Surulere.

The third phase of this project is a WALK AGAINST DOMESTIC VIOLENCE AND RAPE on February 23rd. On the same day, partners will visit 2 Government Secondary Schools in Alimosho LGA to speak to the students on domestic and sexual violence and also counsel victims who come forward. The LGA was chosen based on unconfirmed reports of high rate of the scourge.

This project by the editorial of Lagos NYSC is speared headed by Olagoke Ajibola. The project would however come to a conclusion on the 27th of Feb, by the end of this project corps members hope to have raised a tangible amount of awareness.

Undernote:
Stand to End Rape Initiative (S.T.E.R), is a CAC registered youth-led not-for-profit organization, which aims to raise awareness about the effects and stigma associated to rape, while providing support practical suggestions to curb them and working to end all forms of rape through education, supporting survivors of rape and changing community perceptions towards sexual violence and abuse. At the 2014 Social Media Awards Africa, STER Initiative won the Best Use of Social Media by an NGO in Africa Award.

Stand to End Rape Initiative is reachable on 08095967000 or contactus@standtoendrape.org.

Download this document to find out how to support @StandtoEndRape

Connect with Stand to End Rape Initiative on Social Media via:
Twitter: @StandtoEndRape
Facebook: www.Facebook/StandToEndRape

Instagram: @StandtoEndRape

Web: www.standtoendrape.org,
www.standtoendrape.blosgpost.com

REMEDY FOR UNLAWFUL DETENTION

by Legalnaija | Feb 15, 2016 | Uncategorized

Credits-Google.com

Many a-times I have heard of suspects being arrested by the police and detained for over 24 hours without charging such a person to court and most of these offences are usually not even capital offences. The law provides that upon arrest of a suspect, such person is to be charged to court within a reasonable time or released on bail. Our laws do not allow suspects to be locked indefinitely without trials, our laws do not allow for the barbaric act of denying a person his/her fundamental human rights and such cruel acts when done by the police must be spoken against.

However, anyone who finds himself/herself in such a situation I recommend should instruct a lawyer who will represent them in court and ask such lawyer to apply for bail on their behalf in court. This is allowed by the provisions of Section 32 of the Administration of Criminal Justice Act (2015).

The provisions of the aforementioned law provides that –

(1) Where a suspect taken into custody in respect of a non-capital offence is not released on bail after 24hours, a court having jurisdiction with respect to the offence may be notified by application on behalf of the suspect.

(2) The court shall order the production of the suspect detained and inquire into the circumstances constituting the grounds of the detention and where he deems fit, admit the suspect detained on bail.

(3) An application for bail under this section may be orally or in writing.

Moreover, the Nigerian Constitution provides in Section 36 that every Nigerian is entitled to a fair hearing. Furthermore, everyone is deemed innocent until proven guilty. Therefore the act of unlawfully detaining suspects is one that must be discouraged and done away with. Maybe if more Nigerians sued to protect their fundamental rights we may use gotten part this but a lot of Nigerians do not believe in the court system as it is.

Nigerians however who do not have access to legal representation may not be able to take advantage of this law, that is why the State must provide free legal counsel and representation to detained suspects who cannot afford same. I know the Legal Aid system already provides such services to detained suspects usually termed as those awaiting trial but I hope that with a renewed drive by the government this will be more available to others. A great advantage of this is that it will help to decongest our prisons and allow a better administration of justice.

Adedunmade Onibokun
@adedunmade/twitter
dunmadeo@yahoo.com

FORMAT: LOAN AGREEMENT

by Legalnaija | Feb 12, 2016 | Uncategorized

THIS LOAN AGREEMENT is made the ________ day of _______________2016.

BETWEEN

_____________________________________of _____________________
___________________________________________ (hereinafter referred to as ‘the Lender’ which expression shall where the context so admits include his heirs, personal representatives, successors-in-title and assigns) of the one part,
AND

_______________________________________of_______________________________________________________________ (hereinafter referred to as ‘the Borrower’ which expression shall where the context so admits include his heirs, personal representatives, successors-in-title and assigns) of the other part,

WHEREAS THE PARTIES AGREE AS FOLLOWS:
1. That the Lender shall lend the borrower the sum of N1,000,000.00 (One Million Naira) Only.

2. That the lender shall collect ______________________ as collateral for the loaned sum of N1,000,000.00 (One Million Naira) from the borrower.

3. Receipt of the said N1,000,000.00 (One Million Naira Only) is hereby acknowledged by the borrower.

4. That the borrower shall repay the sum of ___________________ as interest on the loan.

5. That the borrower agrees to return the loan with the interest on the _________________________.

6. That the Borrower shall issue post-dated cheque(s) in the total sum of the loan and interest to the Lender.

7. In the event that the Borrower does not return the loan or/and interest on the aforementioned date, the Lender shall have authority to –
i.
ii.
iii.
iv.

IN WITNESS WHEREOF the parties have hereunto set their hands and signatures the day and year first above written.

SIGNED BY THE LENDER ___________________________

In the presence of :

Name: ………………………………………….
Address: ……………………………………….
Occupation: ……………………………………
Signature:………………………………………

SIGNED BY THE BORROWER ___________________________

In the presence of :

Name: ………………………………………….
Address: ……………………………………….
Occupation: ……………………………………
Signature:………………………………………