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Corporate Dilemma by Ahudiya Ukiwe

Corporate Dilemma by Ahudiya Ukiwe

by | Aug 14, 2015 | Uncategorized



Before admission into the University and upon graduation from Law School, I had always known the furthest of my ambitions and from my mind was litigation practice. I always envisioned me surrounded by documents, contracts, laptops, not at a law firm but in some other aspect of the corporate world. My goals were resolutely set at Corporate Governance and Company Secretaryship.

It was therefore no surprise to my schoolmates to hear I was in the Banking Industry. More importantly so, the Legal department. There were and are (and probably always will be) the banters of having deserted the core of law practice for the comfort of a lush office. Honestly, I have given up the will to scold or try to understand.

Always baffling is the IGNORANT distinction people  (lawyers and non-lawyers) make of the legal practice. It is regarded that anything short of adorning the wig and gown, attendance in court and display of argumentative capabilities (whether or not called for) is not legal practice. To the scholars of this thought, I say- to thyself be true, be honestly true.

However, (not aligning myself with the “scholars”), I dare say there is the tendency to fall into a rut of some sort, a lax, laid-back attitude. There seems to be no urgent need to be acquainted with case law, statutory changes etc as external counsel are the go-to persons if such information is required. The need to be abreast of developments and information is vital to a lawyer and his career, especially given the perception of lawyers as knowledge repositories.

For any career-driven individual, the satisfaction of any job is the (quick) rise to the top. I mean, irrespective of the salary or bonuses or profit sharing (P.S) received, without the climb, one’s career is simply stunted. Conscious of the above, I was recently faced with the ultimate (okay, maybe quasi-ultimate)  choice. To choose between my comfort zone and a higher grade, better pay. Now, let me rebut your rebuttable presumption: movement from Legal functions (one extreme) to Operations (another extreme). Also, to be unambiguous, money has never quite been a driving force or a decisive factor when considering job switch. 

I eventually decided to fall out of my hitherto rut and “taste” the other. Hopefully, my choice does not backfire. Regardless, (ideal) advice is to endeavour to enjoy one’s job, so it does not seem as “work”. 

N.B. Realistically, even though  our economic situation does not allow for such choice of jobs, we could make the best out of whatever.

By: Ahudiya Ukiwe

Proposed VAT increment: Common man’s nightmare

Proposed VAT increment: Common man’s nightmare

by | Aug 11, 2015 | Uncategorized

Credit – Google

The Federal
Government is set to increase Value Added Tax from its current rate of 5% on
goods and services to 10%. It was disclosed on Friday 7th of August
2015 by Mr. Sunday Ogungbesan, Acting Chairman, Federal Inland Revenue Service
(FIRS), while speaking with the media.
According to him,
increasing the VAT was one of the measures being considered by the Federal
Government to shore up the revenue of the country that had suffered a slide
since the slump in crude oil price started last year. Nigeria earns about 80
per cent of its revenue from oil exports.
If you are a fellow
in the Chartered Institute of Taxation or you have a degree in Finance, you can
skip this article. The purpose of it is to try to explain the effect of the
proposed increment of VAT on Nigerians and Nigerian businesses.

What
is VAT
First thing to know
is what VAT really means? Who imposes and who suffers it?
 What is exempted from
Tax?
VAT is a consumption
tax payable on the goods and service consumed by any person, whether government
agencies, business organizations or individuals. The target of VAT is
consumption of goods and services and unless an item is specifically exempted
by law, the consumer is liable to the tax. It can also be defined as a tax on
spending/consumption levied at every stage of a transaction but eventually
borne by the final consumer of such goods and services. It is levied at the
rate of 5%. 
In Nigeria, the VAT
system started with acceptance of the recommendation of a study group on
indirect taxation in November, 1991. The decision to accept the recommendation
was made public in the 1992 budget speech of the Head of State. This resulted
in setting up the Modified Value-Added Tax (MVAT) committee as recommended by the
study group. Tax administration was however given to federal Inland Revenue
Services (FIRS).
Value-Added Tax is
tax on the supply of good and services which is eventually born by the final
consumer but all collected at each stage of production and distribution chain.
With VAT, government reasoned, it will be virtually impossible to evade tax.
 

Credit – Google

Items
exempted from VAT
VAT exempts essential
goods such as all medical and pharmaceutical product basic food, books and
educational material, newspapers and magazines, baby products, fertilizer
agricultural and veterinary medicine, farming transportation equipment. While,
services exempted include medical services, services rendered by community
bank’s, people’s bank and mortgage institution as part of learning. All
diplomatic items are exempted as covered by international agreements and
airline tickets for international travel. You practically pay tax on every
other thing that does not fall in this category.
VAT
from 5% to 10%
The proposed increase
will be very unfair to the Nigerian populace if it is based on the fact that
the rate of vat which is 5% as stipulated in section 4 of the Vat Act 1993 is
one of the lowest rates in the world, as claimed by the FIRS acting boss.
Studies have shown
that other countries with higher rates have got a lot to show for it, in terms
of good infrastructural facilities and social amenities in the country that is
adequately sufficient and highly beneficial to citizens.
This is seen to be a
severe austerity measure on the masses in the long run, considering the fact
that every individual in the country has to consume goods and services that are
vatable in other to survive, since it is charged on almost all consumable
products.
Increase
of the VAT rate will cause;
• Death of startup
companies
Increase in VAT rate
will make operating expenses consume a huge part of their revenue, and they are
left with the option of providing for themselves what is meant to be provided
by the government for them to continue in business. It is pertinent to note
that a manufacturer battling with little or no profit, will find it unbearable
paying the increased tax on their minimum profit.
• Increase in
Inflation rate
Manufacturers, who
are opportunists, will take advantage of the increase in vat rate, to shoot up
their prices. Government wants to get a part of the insufficient income left
with the citizens, who are left with the only option to spend majorly on
necessities. There is always an adverse effect on the economy.
Other possible disadvantages
of the implementation is regressive effect on low income earners leading to
poor savings, intractable increase price level (even beer, suya and sharwama
sellers will increase prices like a loose cannon) and practical difficulties of
implementing the VAT rate.
In conclusion, it is
therefore advisable that the legislature and other critical stakeholders should
frown at this heartbreaking revenue generation policy government is about to embark on (in the interest of the people).
By: Sogo Akinola 

Sogo Akinola Nathan is
a young commercial lawyer at GbengaBiobaku and co. He specializes in Taxation,
oil and gas law and Real Estate. He is a graduate of ObafemiAwolowo University
and the Nigerian Law School. He is a member of the Nigerian Bar Association and
a member of the Association of Young International lawyers and  Young International Arbitration Group and also
an intending associate member of the Chartered Institute of Taxation of Nigeria

Dismissal of a director who has gone missing by Kayode Omosehin

Dismissal of a director who has gone missing by Kayode Omosehin

by | Aug 8, 2015 | Uncategorized


Credits – Google


Preliminary View
The statutory removal of a director
generally is governed by the provision of section 262 of the Companies and
Allied Matters Act, Cap C20 LFN 2004 (“CAMA”). In the case of Longe v FBN
Plc (2010) 6 NWLR (Pt 1189) SC 1, the Supreme Court held that the provision
of section 262 of CAMA also applies to removal of executive and non-executive
director alike. However, it appears that different consideration should apply
where a director sought to be removed has disappeared or gone missing. Let us
consider some of the issues that may play out in the course of removing a
director who is missing.

Statutory Procedure for Removing
Directors
The procedure in section 262 of CAMA to
be adopted in removing an executive director is summarized as follows:
1.     A Special notice of
the meeting to remove a director must be issued to all plenary members of the
board of directors and a copy of the notice must be served on the director. A
special notice according to section 236 of CAMA is a notice of twenty-eight
(28) days given before a meeting holds. The notice shall specify the place,
date and time of the meeting, and the general nature of the business to be
transacted at the meeting (i.e. removal of the director) in sufficient details
to enable those to whom it is given decide whether to attend or not. The
director (whether or not he is a member of the company) shall be entitled to be
heard on the resolution at the meeting. See Section 262 (2) of CAMA. 
1.     Where the special
notice mentioned above is given and the director concerned makes a
representations in writing to the company in respect of the special notice (not
exceeding a reasonable length) and requests their circulation to members of the
company, the company shall, unless the representations are received by it too
late for it to do so-
 (a) state the fact of the
representations having been made by the director in any notice of the
resolution issued to members of the company; and
 (b) Send a copy of the
representations to every member of the company to whom notice of the meeting is
sent (whether before or after receipt of the representations by the company);
See section 262 (3) CAMA
 (c) If a copy of the
representations is not sent out to board members either because it is received
too late or because of the company’s default, the executive director to be
removed may (without prejudice to his right to be heard orally) request that
the representations shall be read out at the meeting.
 (d) However, the copies of the
representations need not be sent out and the representations need not be read
out at the meeting if,
  • on
    the application either of the company or
  • any
    other person who claims to be aggrieved,
the court is satisfied that the rights
to make representation are being abused to secure needless publicity for
defamatory matter and the court may order the company’s costs on an application
under section 262 to be paid in whole or in part by the director,
notwithstanding that he is not a party to the application.
The above means that representations of
the director to be removed may not be circulated to plenary members or read at
the meeting. However,  in order to prevent the circulation of the
director’s representations to board members or from being read at the meeting where
the executive director is to be removed, a prior order of court must be
obtained by either the company or any other interested person. 
1.     Where the board of
directors is of the view that the allegation against the executive director
concerned is proved, the board shall pass a simple resolution to remove him.
Where there is no proof of the allegations, the procedure ends here. The
director should be allowed to continue with his duties. 
1.     The resolution by
which the director is removed shall be filed with CAC within fifteen (15) days
and where a new director is appointed to fill the vacancy, a CAC Form 7 (Change
of Directors and Particulars of Directors) must be filled and filed with CAC.
All the correspondence materials of the company should then be corrected to
reflect the new changes.
Can the Company Remove a Director by
any other means?
Section 262 (6) of CAMA appears to
permit a company to deviate from the procedure discussed above in removing a
director where a different mode of removal is provided in a binding agreement
between the company and the director (e.g. Contract of Service) or where the
Articles of Association provides that the company can remove the executive
director in any other manner. Section 262 (6) of CAMA provides as follows:
 “Nothing in this section shall
be taken as depriving a person removed under it of compensation or damages
payable to him in respect of the termination of his appointment as a director
or of any appointment terminating with that as director, or as derogating from
any power to remove a director which may exist apart from this section.”
 However, the Supreme Court in Longe
v. FBN Plc (supra), failed to advert its mind to the clear and unambiguous
provision above and held that the procedure for removal of a director in
Section 262 (1), (2) and (3) of CAMA is mandatory and that same applies to all
directors, both executive and non-executive notwithstanding anything contrary
in a contract of service between the company and the director. The sum total of
the reasoning of the Court of Appeal in that case, which ought to be the
preferred view, was that Mr. Bernard Longe being a managing director of the
First Bank Plc employed through a contract of service can be removed by the
bank in accordance with the said contract. Sadly, however, the Supreme Court
rejected the reasoning holding that the definition of directors in the CAMA
does not permit such distinction.
 

Credits – Google

Where a Director to be removed is
missing for seven (7) years or more
In a special circumstance, where a
director to be removed is missing, the procedure to be adopted depends on the
number of years for which the executive director has gone missing. Under
Nigerian law, a person who has gone missing may be presumed dead in accordance
with Section 164 (1) of the Evidence Act 2011 if he has been missing without
being heard of for seven (7) years by those, if any, who would naturally have
heard of him if he had been alive.
Where a director has gone missing for
seven (7) or more years, the law presumes the executive director to be dead in
accordance with Section 164 (1) of the Evidence Act 2011 if he has been missing
without being heard of by those, if any, who would naturally have heard of him
if he had been alive. In the said circumstances, the removal of such missing
director is automatic by operation of law i.e. the CAMA. This can be inferred
from the provisions of Section 249 (1) of CAMA which provides that “The
board of directors shall have power to appoint new directors to fill any casual
vacancy arising out of death, resignation, retirement or removal.”
It is useful to mention that the onus
of proof of the fact that a missing director has been so missing for seven (7)
years or more lies squarely on the company which is acting through the board of
directors.
Where a Director to be removed is
missing for less than seven (7) years
In order to remove a director who has
gone missing for less than seven (7) years, the provisions of Section 262 (1),
(2) and (3) of CAMA provide for the procedure for removal. It is appreciated
however that a missing person may be difficult (or impossible) to be served
with a notice of a meeting as required by Section 262 (2) of CAMA. The
difficulty can be taken care of by resorting to provisions of Section 220 (1)
and (2) of CAMA which provides as follows:
 “(1) A notice may be given by the
company to any member either personally or by sending it by post to him or to
his registered address, or (if he has no registered address within Nigeria) to
the address, if any, supplied by him to the company for the giving of notice to
him.
 (2) Where a notice is sent by
post, service of the notice shall be deemed to be effected by properly
addressing, pre-paying, and posting a letter containing the notice, and to have
been effected in the case of a notice of a meeting at the expiration of seven
days after the letter containing the same is posted, and in any other case at
the time at which the letter would be delivered in the ordinary course of
post.”
Effect of Non-compliance with Removal
Procedure
The office of a director is a statutory
office regulated by CAMA in terms of appointment, tenure of office and removal
procedure. It is trite law that where the employment contract of an employee is
regulated by statute, such contract is statutorily flavoured and the employee
enjoys a special status over and above an ordinary staff. In matters of
discipline or dismissal of the employee, the procedure laid down by law must be
strictly followed. Where removal does not follow the procedure, the employee is
entitled to be reinstated to the employment.
It is however debatable if the
above-stated statutory protection of a director’s office can be extended to a
director or managing director whose appointment, powers, duties, remuneration
and tenure of office are regulated by his contract of service. It is debatable
because the combined reading of section 41 (3), section 262 (1) and (6) of CAMA
are to the effect that a director’s removal may be provided otherwise than in
CAMA. Therefore, where removal of a director complies with his contract (and
not the CAMA), the removal ought to be upheld. Any claim for reinstatement
ought to be refused. Unfortunately, the foregoing point was not raised in Longe
v. CBN thus, leading the Supreme Court to conclude absolutely that all
directors and managing/executive directors of a company can only be removed in
line with section 262 of CAMA and that failure to comply with section 262 of
CAMA nullifies the removal. That will be an issue for another day.
 By; Kayode Omosehin
THE NIGERIAN BAR ASSOCIATION (NBA) SEAL AND STAMP POLICY: PROSPECTS AND CONSTRAINTS

THE NIGERIAN BAR ASSOCIATION (NBA) SEAL AND STAMP POLICY: PROSPECTS AND CONSTRAINTS

by | Aug 8, 2015 | Uncategorized


Credit – Nigeriabar.com
 The
seal and stamp policy is a top-notch one which is essentially aimed at
restoring sanity to the legal profession. After engaging lawyers to prepare
documents, some non-lawyers reproduce the precedents in subsequent transactions
without seeking the lawyers’ approval. There are even instances where clients
would connive with paralegals get precedents of legal agreements and execute
same without the knowledge of the legal practitioner whose name is on the
document. Also, non- lawyers around our court premises engage in preparing legal
documents. This policy is a commendable one!
In
reaction to the seal and stamp policy, a lawyer on a social media platform
asked whether membership of the NBA is compulsory. My simple response is:
“there is an automatic membership of the NBA upon being called to the Bar”. As
long as one has elected to join and remain within the noble profession, he is a
member and must comply with the regulations set by the body. See Chinwo v Owhonda (2008). Every legal
practitioner is bound by the directive of the Association.
The
Rules of Professional Conduct (RPC) is a subsidiary legislation made pursuant
to a statutory enactment. The RPC gives the NBA powers to approve seal and
stamps. There is no doubt that the policy has the force of law and is
therefore, binding on all members of the Association. This analysis would
consider the validity, viability, queries, prospect, constraints and other
attendant issues relating to this policy.

Is the NBA’s directive in compliance
with the RPC?
The
provisions of Rule 10 of the Rules of
professional conduct 2007make it mandatory for every lawyer to sign and
file only documents which have the seal and stamp of the NBA:
(1)        “A lawyer acting in his capacity as a
legal practitioner, legal officer or adviser of any Governmental department or
ministry or any corporation, shall not sign or file a legal document unless
there is affixed on such documents a seal and stamp approved by the Nigerian
Bar Association”
(2)
       For the purpose of this rule,
“legal documents” shall include pleadings, affidavit, depositions,
applications, instruments, agreements, deeds, letters, memoranda, reports,
legal opinions or any similar documents.”
In
furtherance of this rule, the official release of the NBA clearly states that from
April 1, 2015, the possession of the new seal and stamp will compulsorily
supersede even the payment of annual practising fee to the NBA by qualified
lawyers who seek to engage in legal practise in Nigeria. From that date, every
document filed by a lawyer shall be deemed to be improperly
signed or filed except it is affixed with the unique stamps issued by the NBA
to the lawyer.
The word “lawyer” is
not defined by any law in force. Black’s Law Dictionary, Sixth Edition, defines
a lawyer as “any person licensed to practise law”. This is in effect, has the
same meaning as a legal practitioner. See
Section 24 of the Legal Practitioners Act (LPA). 
Can the directive be extended to
lawyers in corporate employment?
The NBA official
release further states that documents covered are pleadings, affidavits,
depositions, applications, instruments, agreements, deeds, letters, memoranda,
reports, legal opinion, and to leave no one in doubtthat it intends to cover
every document, it mentioned ‘any similar document.’While accredited lawyers in
private practice will be given green stamps bearing their unique enrolment
number, their counterparts in public or corporate employment will be assigned a
red version.
Rule 8 of the RPC reads:
(1)        “A lawyer, whilst a servant or in a
salaried employment of any kind, shall not appear as advocate in a court or
judicial tribunal for his employer except where the lawyer is employed as a
legal officer in a government department.”
(2)        A lawyer, whilst a servant or in a
salaried employment, shall not prepare, sign, or frank pleadings, applications,
instruments, contracts, deeds, letters, memoranda, reports, legal opinion or
similar instruments or processes or file any such document for his employer.”
A
careful perusal of the wordings of Rule
8(1) of the RPC suggests that any lawyer in salaried employment i.e. a
lawyer in corporate employment shall not appear as an advocate, prepare or even
sign any legal document for his employer. The rule is very clear and dismisses
of every ambiguity. To this end, there is a conflict between the directive of
the NBA and the provisions of the enabling legislation. The provision of red
stamps for lawyers in corporate employment is antithetical to Rule 8 of the
RPC.
 

Credit – Premiumtimes.com

Rule 10 (1) of the same RPC 2007
(quoted above) which requires approved seal and stamp on all legal documents
plainly applies to a “lawyer acting in
his capacity as a legal practitioner”, in this case, lawyers not in
salaried employment, “legal officer or
adviser of any governmental department or Ministry or any corporation…”
which simply means a legal officer or legal adviser of any government
department or government ministry or corporation. The ordinary and grammatical
interpretation of this provision excludes lawyers in corporate employment who
the NBA has now mandated to apply for red seals. This is an express violation
of the provisions of the legislation regulating the conduct of legal
practitioners. Also, corporate governance demands that all correspondence must
emanate from the office of the company secretary which invariably compliments
the position of Rule 8 of the RPC.If
the NBA does not extend the seal and stamps to lawyers in corporate employment,
it would create more opportunities for those of us in private practice as
against the current trend where in-house counsels retain personal clients and
provide them with legal services which do not require appearing in court or
filing processes. 
Should the stamp and seal be issued in
the name of firms?
The
official release of the Association stating that the seal and stamp are for
individual lawyers is apt and in compliance with Rule 10 which states: “A lawyer” and not “firm of lawyers”. I am yet to see any seal and stamps issued in the
name of law firms and I doubt if the NBA would toe that line despite invitation
by some for seals in the name of their firms.
The
hurdle which any seal and stamp issued in the name of a firm would be unable to
cross is that the definition of a legal practitioner under the LPA allows for
only individual lawyers whose names are on the roll to sign processes. This has
been established by the apex court and followed in a plethora of authorities.
The sweeping effect of the decision of the apex court in Nweke v Okafor is very fresh in our minds. The NBA is therefore,
urged not to consider any application in the name of a firm. 
What is the penalty for non-compliance
with this policy?
While
Rule 10 (3)of the RPC 2007 states
that any document not in compliance with sub-rule (1) shall be deemed not to
have been properly signed or filed, Rule
55 of the RPC reads:
“If a lawyer acts
in contravention of any of the rules or fails to perform any of the duties
imposed by the rules, he shall be guilty of a professional misconduct and
liable to punishment as provided in the Legal Practitioners Act, 1975”
Rule
10 is a specific sanction on the issue of a legal document which violates the
seal and stamp policy while the latter is a general rule applicable to all the
provisions of the rules. It is trite law that where there is a specific
provision and a general provision, the specific takes precedence. 
By
extension, if and when a lawyer contravenes this regulation by either filing a
writ without a seal or seeking to tender a document which does not bear a seal
approved by the NBA, will the court apply the principle in NWEKE V OKAFOR and deems the writ as incurably bad or the documents
inadmissible? These are scenarios which are yet to be tested in court. However,
the principle of substantial justice may not allow the courts to adopt a
similar principle as that laid down in NWEKE
v OKAFOR.  In any case, the
provisions of section 1(2) of the
Evidence Act 2011 (as amended) may persuade the court to reject any
document without the approved seal since the RPC is a subsidiary legislation
which has the force of law. 
On
July 30, 2015 an application was challenged in an Ogun State election petition
tribunal panel on the ground that the application did not carry the stamp and
seal approved by the NBA. The applicant argued that the directive of the Chief
Justice of Nigeria (CJN) provides that the courts are to set up guidelines
towards the enforcement of this policy. The tribunal upheld the argument. With
due respect, the reasoning of the tribunal is most untenable in the face of a
subsidiary legislation (the RPC) in force. What mechanism is required to be put
in place by the court or tribunal as the case may be in the enforcement of this
policy? The process merely entails application to the NBA and the seal and
stamp shall be issued by the Association. We can only await a decision on this
issue by a superior court.
Is there a conflict between the RPC 2007 and the Entitlement
to practice as Barristers and Solicitors (Federal Officers) Order 1992?
The provisions of Rule 8 and 10 (1) of the RPC and Rule 1 (2) of the
Entitlement to practice as Barristers and Solicitors (Federal Officers) Order seem to be stating different things while they both
derive their efficacy from the same principal legislation (the LPA).
While
Rules 8 and 10 of the RPC (quoted
above) state that any legal officer in a government department can appear as an
advocate in a court or tribunal, the latter suggests that only law officers in
the Federal Ministry of Justice shall practice as barristers and solicitors.
Others in the civil service of the Federation shall not be entitled to that
privilege. It reads:
“Any person holding
office in the Civil Service of the Federation, other than law officers in the
Federal Ministry of Justice shall not practice as a barrister or solicitor in
Nigeria while still a holder of that office.”
It
is an established principle that where legislation is specific on a subject and
another is general, the former shall be given priority. It is however,
instructive to note that while the Entitlement
to practice as Barristers and Solicitors (Federal Officers) Order is a 1992
legislation, the RPC was enacted in 2007. The RPC being a latter legislation
takes precedence and accords more with reason. Support is drawn from the
provisions of Section 144 of the Electoral Act 2010 (as amended) which provides
that a legal officer of the Independent National Electoral Commission (INEC)
can represent the Commission at the tribunal or in court. This is unarguably in
consonance with Rules 8 and 10 of the RPC. 
At a time when the legal
profession is not having it smooth, the
seal and stamp policy for lawyers is a laudable one which is in the interest of
lawyers as it will restore sanity and pride into the profession. It will
prevent sharp practices and impersonation of lawyers by non-lawyers. However, the
centralization of the scheme has made it difficult for so many lawyers to get
their applications treated within the shortest possible time. The NBA should
consider a decentralization of the scheme and allow branches being
representatives of the national body to approve seal and stamps for their
branch members. 
The
interpretation of Rule 8 of the RPC in clear terms exempts lawyers in salaried
employment i.e. lawyers in corporate employment from preparing or signing legal
documents. In consonance with this provision, the NBA should limit the seal and
stamp to legal practitioners in private practice and law officers in government
departments. 
On a final note, there is the need to also consider the up-and-coming
lawyers in the decisions of the NBA. If the annual
practising fee varies according to the year of call, it is most appropriate
that the same scale be adopted for the seal and stamp policy. This policy can
be subsumed under the annual practicing fee considering its recent upward
review.
By- @TanimolaAnjorin Esq.,
Building Blocks For Successful Lawyer Marketing

Building Blocks For Successful Lawyer Marketing

by | Aug 6, 2015 | Uncategorized

Note: This post is shared from Legalpedia.com 
How profitable will your firm be if you systematically
planned and implemented legal activities intended to bring potential clients in
the door … that’s marketing! And that doesn’t contravene the law at all!
Our previous Profitable Law Firm (PLF) Series emails have
been showing you WHY you should be marketing your law practice, and that there
is a HOW to market, that is the correct way.

Now it’s time to get into the crux of the PLF Series.
The first thing you need to know and must never forget
is that …
The Tools and Techniques of Great Legal Marketing Change
Over Time, but the Principles NEVER Change. As time goes on, we will be
exposing you to the tools of the trade.’ However, the principles that govern your
use of them will remain the same.
 They are the
foundation on which your ‘Legal Marketing’ efforts rest. Principles are universal.
Focus on the principles. They work. They are tested and proven. This email will
dwell on the first principle you should know.

The # 1 Principle of great legal marketing is:

You (and only you) decide who you want to see coming through that door as your
next client.

Everybody doesn’t need your services. Everybody cannot be your target client. The
ideal client is the one who desires and needs your services and to him/her,
your services are a ‘hot sell’ to them; a perfect fit for their needs and the
reason why they will be willing to go the extra mile to get it from you at all
cost.

Imagine how much easier life will be if you know who they are, where they are
and how to get them.

That’s why the first thing you need to do is…

Identify and Define who your ideal client is. 
I will not leave this to you to figure out how. I will
be giving you pointer questions to help you perform this task of identifying
who is your ideal client. If you are able to successfully think deep and answer
two questions, you have just laid a major stone in the foundation of your law
firm marketing structure.

1. Who is Your Preferred/Choice Customer?

• Who exactly is this customer? Be as specific as possible.
• Identify Demographic Information – age, gender, location,
   income…
• Identify Psychographic Information (a.k.a. their affinities)
  – especially in areas like politics, religion, values, hobbies,
  interests…
• Identify Emotional Information – hopes, dreams, fears,
  and pain. What is that ‘thing’ that keeps them up at night?

2. What is their KEY Problem and the challenges associated with it that you can address or provide a solution?

The easiest way to do this is to fill in the blanks in this statement (representing
your ideal client): “If I could just ________ I will _________”.  For example, say you are a Litigation Lawyer,
one of your client’s problem should be like this:

“If I could just prove my ownership of this property, I will sell it,and
have my peace of mind.



What is their pain and what is the outcome that they desire
to have in solving it? What are the associated pains that go with it and what
are the associated outcomes that go with solving that pain?

How about if these people know and remember (through the right ‘marketing’)
that YOU are trusted,and can address those pains and help them achieve their desired outcome?

What do you think will happen to your practice if you can find such people or
such people can find you easily?

How easy will it be to provide ‘custom tailored’ solutions to address those
particular needs? How valuable will your ‘offer’ be to them?

It is because you know your ideal customer and what they want, you can then
create the perfect offer for them.

The offer will be “IRRESISTIBLE” because, it provides the perfect solution to
help a SPECIFIC type of people achieve their desired goal. Remember, Client
First, Offer Second


After answering the two questions, what do you think you need to do differently
going forward?

Hit the reply button and let’s hear your comments.

To Your Success!
Mayowa Johnson

P.S
Feel free to send your questions on what we have done so far.

TheLearnedFriends holds first Digital – Legal Conference 

TheLearnedFriends holds first Digital – Legal Conference 

by | Jun 19, 2015 | Uncategorized

Plans by Nigeria’s fastest growing Legal professional network, thelearnedfriends.com to host her maiden edition of the E-Legal Conference 2015 has been concluded. The conference is scheduled to hold at 10 a.m. on Thursday 9th of July, 2015 at the Lagos Court of Arbitration and ADR, 1a, Remi Olowude Street, Lekki, Phase 1.
The theme for this year’s conference is Tomorrow’s Legal and the primary objective is to provide thought leadership for the Legal industry on ICT solutions. Key players in the ICT and Legal industry from around the world will enlighten delegates on the latest enabling tools and software developed for today’s Law Practice.
Expert speakers include but not limited to Mark Slade, British CEO Ringier Digital Marketing; Senibo Bara-Hart Legal Adviser, Samsung – West Africa and Azubuike Ezenwoke, Dean-Student Affairs, Covenant University. Barrister Alex Mouka LLB, BL, LLM, ACIArb, who is the current chairman of the NBA Lagos branch will inaugurate the conference as the keynote speaker. 
Those expected to participate in the E-Legal conference include Policy and legal professionals, paralegal professionals and ICT professionals. Interested participants are to visit www.elegalconference.com for their registration details. 
TheLearnedFriends.com is an online news aggregator and social media platform focused on showcasing technological innovations in the Legal Sector. Her mission is to generate commercial value for Law people by leveraging on Information and Communications Technology.
PENALTY FOR PUBLIC INDECENCY

PENALTY FOR PUBLIC INDECENCY

by | Jun 17, 2015 | Uncategorized

Credits- Oneblademag.com
Have you ever whipped out your genitals in public?
I
don’t mean when you are sun bathing on one of the various nude beaches
scattered across the world. I mean have you ever done so in a mall, soccer
match or party? Absurd question right? Yes I know and I don’t expect an answer
in the affirmative either, anyone who does that will definitely be considered a
candidate for yaba left nuts.
Let’s
try another scenario, have you ever whipped out your genitals and induced
another to massage or touch it? I bet at least one person reading this blog
must have done so at one point. Freak.

Anyway,
I am just here to let you know that you need to always keep your genitals
covered and private else you may be breaking the law. That’s because it is
actually recognised by law as a matter of violence against persons. Now, don’t
get scared, I don’t mean when 2 consenting adults are engaging in
sexual related activities; I can imagine you just broke into a sweat while
reading this paragraph.
I
am actually trying to call your attention to the provisions of Section 26 of
the Violence Against Persons Act 2015. The Act states that:
(1) A
person who intentionally exposes his or her genital organs, or a substantial
part thereof with the intention of causing distress to the other party, or that
another party seeing it may be tempted or induced to commit an offence under
this Act, commits an offence termed ‘indecent exposure’.
See
what I mean? The law further states that:
(2)  A person who intentionally exposes his or her
genital organs, or a substantial part thereof, and induces another to either
massage, or touch with the intention of deriving sexual pleasure commits an offence.
Therefore, assuming John
invites Kelly over or vice versa, then John flips out his genitals and induces
Kelly to touch it or massage it, he has committed a crime. Have you ever
committed such an act?
What is most important at
this point is that the culprit of such an act according to Section 26(3) of the
Violence Against Persons Act will be liable upon conviction by a court to a
term of imprisonment not less than 1 year or to a fine not exceeding N500,000
or both.
So in a nutshell, if he or
she isn’t a consenting adult partner, please keep your genitals to yourself.
Thanks.
Adedunmade Onibokun Esq.
      @adedunmade
PENALTY FOR DOMESTIC VIOLENCE

PENALTY FOR DOMESTIC VIOLENCE

by | Jun 11, 2015 | Uncategorized

Credits – Nigerianfilms.com
I
have read about many victims of domestic violence, seen photos of bruised women
and heard of the psychological effects it has on the personalities of these
victims. The fear it creates in their minds and in extreme circumstances, the
death of such victims. Domestic violence is a monster; it is wrong and should
be prohibited by all means.
It’s
common to hear friends and family members asking one to endure and bear with it
or better yet pray that the husband turns a new leaf and begins to see his wife
as a partner rather than a punching bag. Let’s not forget wives who also beat
their husbands, though they are a minority. In family courts today, domestic
violence is one of the many grounds upon which spouses seek dissolution of
their marriages.

Over
the years, there has been a call for decisive legislation to deal with domestic
violence in Nigeria and finally its here. Section
19 of the Violence Against Persons Act
2015 prohibits spousal battery and provides thus:
“19(1)
A person who batters his or her spouse commits an offence and is liable on
conviction to a term of imprisonment not exceeding 3 years or to a fine not
exceeding N200, 000 or both.”  
This
law is most welcome by advocates against domestic violence and a relief to
victims who must now be informed that there is a law to check their plight. The
law further states that an attempt to commit the act of spousal battery also
attracts imprisonment not exceeding 1 year or a fine not exceeding N100,000
or both. Inciting another to commit the offence also attracts a jail term not
exceeding 2 years or a fine not exceeding N200, 000 or both. Same goes for an
accessory after the fact who aids another who has committed an act of spousal
battery.
Credits-Vanguardngr.com
Though,
this legislation is a step in the right direction, spouses need to be informed
and most especially supported. The fear of public opinion and also the
protection of the children or family name may prevent victims of domestic
violence from speaking out while they suffer in silence. Such people must
understand that there is no need for shame, rather they should hold their heads
up high for they are survivors, it’s the wrestler of a spouse that should be
ashamed.
P:S
– If you beat your spouse or know anyone who is a victim of domestic violence,
share this link with them and support them, you could be saving their lives.
 Adedunmade
Onibokun
@adedunmade
PENALTY FOR STALKING

PENALTY FOR STALKING

by | Jun 8, 2015 | Uncategorized

Credit- womenshealth.gov
 Being a pretty girl
or handsome chap fitbe trouble can
be a curse sometimes because your fine boy or fine girl beauty or good
looks will attract the good, the bad and the ugly to you. LOL. A friend once
told me she gave her gate keeper strict orders not to let anyone into her house
unauthorized because a certain young man had been stalking her by showing up at
her door uninvited and calling her phone several times even though she didn’t
give him the time of day. I know this is a major issue facing a lot of ladies
but I am glad to announce that respite is here for ladies in Abuja as stalking
has been officially labelled a crime by the recent Violence Against Persons Act
(2015) passed into law by President Jonathan.
Section 17 (1) of
the Act provides that:

“ A person who
stalks another commits an offence and is liable on conviction to a term of
imprisonment not exceeding 2 years or to a fine not exceeding N500, 000 or
both.”
One must also note
that even an attempt to stalk another person can earn the stalker a jail term
not exceeding one year or a fine not exceeding N200, 000 or both.
Credits- Google
Inciting another to
commit the act of stalking is also a crime and the culprit will be liable to
not more than one year in prison or a fine of N200, 000 or both.
Also aiding a
stalker makes one an accessory after the fact and such person is liable to jail
term not exceeding a year or a fine not exceeding N100,000 or both.
If you know a
stalker, save them jail term or a fine and send this blog post to them and if
are the victim of a stalker, call the police because that person is definitely
going to jail according to the law. Note however that if your husband or
wife is a monitoring spirit, this law may not be able to help you,LOL.
AdedunmadeOnibokun,
Esq.
@adedunmade
THE VIOLENCE AGAINST PERSONS ACT 2015 (PART 1)

THE VIOLENCE AGAINST PERSONS ACT 2015 (PART 1)

by | Jun 5, 2015 | Uncategorized

Credits – Google
The
Violence Against Persons (Prohibition) Act 2015 recently signed into law is an
act to eliminate violence in private and public life, prohibit all forms of
violence against persons and to provide maximum protection and effective
remedies for victims and punishment of offenders in Abuja.

The
law begins in Section 1 by defining rape as the intentional penetration of the
vagina, anus or mouth of another person if such person does not consent to the
said penetration or if the consent is obtained by force or means of threat or
intimidation. It also recognises that women can commit rape as well.  Section 2 states that a person if found
guilty of rape will be liable to imprisonment for life except where the
offender is less than 14 years in which such person will be liable to a maximum
of 12 years in prison, however, in other cases such person can only be
sentenced to a minimum of 12 years in prison. If the rape is however committed
by a group of persons, the offenders are liable jointly to a maximum of 20
years imprisonment without option of fine and the court shall also award
compensation to the victim. The law also states that a register of convicted
sex offenders shall be maintained and accessible to the public.

The
new law also provides that anyone who wilfully causes or inflicts physical
injury on another commits an  offence and
is liable on conviction to a jail term not exceeding 5 years in prison or a
fine not exceeding N100, 000 or both.

Also
anyone who incites, aids, abets or counsels another person to commit an act of
violence is liable on conviction to a term of imprisonment not exceeding 3
years or a fine not exceeding N200, 000 or both. The court may also
award compensation to the victim.

Furthermore,
according to the law, coercing another to engage in acts that are detrimental
to the person’s physical or psychological well being is an offence and a person
is liable on conviction to imprisonment for 3 years.  Anyone who also wilfully places a person in
fear of physical injury commits an offence and is liable on conviction to a term
of imprisonment not exceeding 1 year to a fine not exceeding of N100,
000.

Compelling
another to commit an act either sexual or otherwise, to the detriment of the
victim’s physical or psychological well being is an offence and a guilty party
is liable on conviction to a jail term not exceeding 2years.

Credits – Google
It
is worthy to note that the law prohibits female circumcision and offenders will
be liable to imprisonment for a term not exceeding 4 years or to a fine not
exceeding N200, 000 or both. An attempt to commit the act also attracts
a jail term not exceeding 2 years and a fine not exceeding N100,000 or
both.

The
law also provides for forceful ejection from the home wherein a person who
forcefully evicts a spouse or refuses them access commits an offence and liable
to a jail term not exceeding 2 years or a fine not exceeding N300,000 or
both. The law also states that depriving another of his or her liberty without
a court order is an offence and a person convicted is liable to a jail term not
exceeding two years or a fine not exceeding N500, 000.

Causing
mischief or destruction of property with intent to case distress is also an
offence and a guilty party will be liable to jail term not exceeding two years
in prison or a fine not exceeding N300, 000.

Credits – Google
Another
offence is also forcefully isolating a person from friends and family and a
guilty person on conviction will be liable to imprisonment for a term not
exceeding 6 months or a fine not exceeding N100, 000 or both.

Furthermore,
a person who causes emotional, verbal and psycholoical abuse on another also
commits an offence and is liable on conviction to jail time not exceeding 3
months or a fine not exceeding N100, 000 or both. Subjecting a widow to
harmful traditional practices is also an offence under the Act and offenders
will be liable to jail term not exceeding 2 years or a fine not exceeding N500,
000 or both.

Kindly
look forward to further write ups on the Legalnaija blog where I will be
sharing the other provisions contained in the Violence Against Persons Act
2015. 

 Adedunmade
Onibokun, Esq

@adedunmade