PROFILE: – H. ODEIN AJUMOGOBIA SAN

PROFILE: – H. ODEIN AJUMOGOBIA SAN


Born
in 1956 in Akuku-Toru, Rivers State, Ajumogobia holds law degrees from the
University of Lagos (1978) and Harvard (1988). He lectured at Lagos University
before founding his own practice, Ajumogobia and Okeke, in 1984, his practice
areas include: Commercial litigation and arbitration; Environmental Law and oil
pollution litigation; Transportation law with a specific interest in Aviation
Law. Recently he was appointed as a member of the ICC International Court of
Arbitration, Paris. 
  

Ajumogobia
became a Senior Advocate of Nigeria in 2003, and was appointed Attorney General
and Commissioner of Justice for Rivers State in 2003. Ajumogobia is a Member,
Council of Legal Education; Member Executive Committee of NBA; Member, Body of
Benchers (2003- 2007); Chairman, Rivers State Sustainable Development Agency
(2005-2007); Minister of State for Energy (Petroleum) and Head of Nigeria’s
Delegation to OPEC (July 2007-December 2008).
 
He was appointed Minister of State of Petroleum
Resources and Supervising Minister Ministry of Power and Head of Nigeria’s
delegation to the Gas Exporting Countries Forum (GECF (January2009-March 2010);
Member National Economic Council; Member, Honorary Investment Council; Member,
National Privatisation Council; Member, National Independent Power Programme;
(2007- 2010) Minister of Foreign Affairs (April 2010 – May 2011): Member,
National Security Council, President UN Security Council (2010) Chairman
Council of Ministers of Ecowas States; Co- Chairman (with H.E. Miguel Angel
Moratinos Cuyaube- Minister of Foreign Affairs and Cooperation of Spain of
Political Dialogue between EU and ECOWAS Luxembourg (2010); Co-Chairman (with
H.E. George Rebela Chicoti Minister of Foreign Affairs of Angola),
International Contact Group on Guinea Bissau at UNGA (September 2010).

Odein
Ajumogobia is an Ijaw (Kalabari) from Abonnema in Rivers State. He is married
to Awuneba Ajumogobia FCA (née Iketubosin) also from Abonnema, Rivers State.
They have a son and three daughters. Ajumogobia also has wide musical interests
including – the piano, organ and voice; and he has recently taken up the guitar
and saxophone; he is a keen chess, squash and table tennis player. 
 
His
publications include: Chapters in Aircraft Finance, Registration Security &
Enforcement ed. Mcbain & Hames (Longman 1990); Aircraft Liens and detention
rights ed. Graham S. McBain (Sweet & Maxwell 2001); Contributor to WIPO
publication “Preparation of Franchising Guide for Developing Countries;
Enforcement of Foreign Judgements; edited by Louis Garb and Julian Lew(Kluwer);
International Product Liability (Aspatore 2004).
HOW TO PROVE YOUR PARTNER COMMITTED ADULTERY IN COURT

HOW TO PROVE YOUR PARTNER COMMITTED ADULTERY IN COURT


Credits – informationnigeria.org

Adultery is sexual intercourse between two persons of whom
one or both are married but not married to each other. Being able to prove
adultery is quite a difficult task especially if you have to show that there
was in fact sexual intercourse involved. Only an admission of the act or evidence
depicting the actual act is 100% proof of adultery because to prove adultery,
one must show that there was penetration of the male organ into the woman.  The courts are aware of this fact, thus in
proving the existence of adultery; the courts will rely on indirect or
circumstantial evidence. The following are ways of proving adultery, though some
are circumstantial, others are more definite:- 

  • Evidence of disposition and opportunity; for instance, if a  married woman had been taken out clubbing for
    over 7 hrs after dark, only for her date to bring her home, followed by both
    alighting from the car and kiss passionately. That’s a strong evidence showing that
    they had opportunity.

  • Cohabitation: where a married man/woman lives together under
    the same roof with another person, adultery is strongly presumed. 

  • Confessions: An admission of adultery is proof of same. 

  • Entry in Register of birth: An entry into the register of
    birth by a woman showing that someone other than her husband is the father of her
    child amounts to a confession of adultery against her. 

  • Blood tests: Blood tests can be used to ascertain the
    paternity of a child and as such can be used as evidence of adultery, if the
    child according to blood test is not the true child of the man. 

  • Birth of a child after gestation period: When a wife gives
    birth to a child, more than 280 days after her husband had sex with her, it
    constitutes proof of adultery against the wife. 

  • Visits to Brothels: When a ma visits a brothel frequently,
    its proof of adultery. 

  • Infections: Contracting a STI is proof of adultery except it
    was proven that the STI was gotten via innocent causes. 
  • Conviction for sexual related offences: When a married man is
    convicted for raping or committing any sexual offence against someone who is
    not his wife, it is strict proof of adultery.

Adultery must be voluntary, thus a married woman who is raped
cannot be guilty of adultery by virtue of that act. 
Adedunmade Onibokun
@adedunmade
dunmadeo@yahoo.com
LEARN THE MEANING OF THESE LEGAL TERMS

LEARN THE MEANING OF THESE LEGAL TERMS


 

Credit – www.artcleaning.co.uk


“A Felony”
means an offence on conviction for which a person can, without proof of his
having been previously convicted of an offence, be sentenced to death or to imprisonment
for 3 years or more, or which is declared by law to be a felony.
“Indictable
offence
” means any offence –
1.    
Which on conviction may be punished by a term of imprisonment exceeding
two years; or 
2.    
 Which on conviction may be punished by imposition of a fine
exceeding four hundred naira;
Not being an offence declared by the law creating
it to be punishable on summary conviction.
“Legal
Guardian
” in relation to an infant, child, young person, or juvenile
offender, means a person appointed, according to law, to be his guardian by
deed or will, or by order of court of competent jurisdiction.

PROFILE: – CHIEF BAYO OJO SAN

PROFILE: – CHIEF BAYO OJO SAN

Christopher Adebayo Ojo, SAN
is a former Attorney General of the Federal Republic of Nigeria. As such, he is
also a past head of the Nigerian Federal Ministry of Justice. He is a legal
practitioner and is licensed to practice in Nigeria, England and Wales.
Chief Bayo Ojo hails from Ife-Ijumu,
Kogi State, in central Nigeria. He had his primary school education in Maiduguri
and Kaduna and his post-primary education at Zaria in Kaduna State. He worked
briefly as a civil servant in Ilorin, Kwara State, before he proceeded to the University
of Lagos where he obtained a Bachelor’s Degree in Law in June 1977. Chief also did
his LLM at the world-acclaimed London School of Economics and Political
Science.

He was former Head of Chamber,
Oniyangi & Co. and founded Bayo Ojo & Co. in 1986. Elevated to the
prestigious rank of Senior Advocate of Nigeria (SAN) in 1999, he was
elected President of the Nigeria Bar Association (NBA) in 2004. Subsequently,
he was appointed Attorney General and Minister of Justice by President Olusegun
Obasanjo. 
During his term as
Attorney-General, he regularly appeared in court personally to argue cases on
behalf of the government. Previous attorneys-general had mostly preferred to
engage lawyers in private practice to appear for the government. He was noted
for his brilliant efforts in decongesting Nigerian prisons by engaging lawyers
in private practice to defend various individuals who were being held by the
state without trial.
As Attorney General and Minister
of Justice, he also undertook numerous reforms in the Justice sector
including the development of eight critical bills. In addition, he
reformed all the investment laws in Nigeria. He also advised on the
exit of Nigeria from foreign debts owed to the London and Paris Clubs. Regarded as one of the leading
lights of Arbitration and ADR in Africa, Chief Bayo Ojo, SAN is Africa’s representative at the Board of Trustees of the Chartered Institute of Arbitrators, London. 
I was opportune to meet Chief
Bayo Ojo at the Esq. Arbitration International School held in Lagos and I was
amazed at his humility and grace. We talked about policy making in Nigeria and
how there was a dire need for credible and sound policy makers in the country.
He was also gracious enough to give me practice tips and career advice.
@adedunmade
PROFILE: GBENGA OYEBODE MFR (CHAIRMAN)

PROFILE: GBENGA OYEBODE MFR (CHAIRMAN)

Gbenga
Oyebode MFR has been described by International Financial Law Review IFLR 1000
(the guide to the World’s leading Financial Law Firm) as ‘one of Nigeria’s most
prominent Lawyers’ and by Chambers Global as a ‘consummate deal maker who has
received pundits from clients and peer alike for his corporate expertise’. 
Mr. Oyebode is a
Barrister & Solicitor of the Supreme Court of Nigeria (admitted June 1980)
and an Attorney-at-law of the Supreme Court of New York State (admitted
November 1983). He is a member of the Nigerian Bar Association and the American
Bar Society of International Law. He holds a Master of Laws from University of
Pennsylvania, Philadelphia (1982) and a Bachelor of Laws degree from the
University of Ife (1979).
Gbenga worked as an
Associate with White & Case, New York between 1982 and 1983. He joined Gulf
Oil Company, Lagos and Houston between 1983 to 1985. Was a partner with the law
firm of  Ajumogobia, Okeke, Oyebode and
Aluko [Barristers, Solicitors and Notaries] between 1985-1992 before he became
the Managing Partner, Aluko & Oyebode in 1993. 

Gbenga is currently the Chairman of the
Management Board at Aluko & Oyebode and in that capacity coordinates
the various practice areas of the Firm. In addition to his managerial role, he
heads the Firm’s corporate and energy practice areas. Gbenga has extensive
experience in corporate and commercial practice with a special emphasis in the
following practice areas:
  • Oil and
    gas and power projects
  • Foreign
    Investment and Privatisation
  • Telecommunications
  • Project
    Finance
  • Aviation
Gbenga has also been involved in the
negotiation of complex commercial agreements for a wide variety of transactions
and is a
Fellow of the Chartered Institute
of Arbitrators (UK) (FCIArb). He was conferred with one of Nigeria’s highest
honours, the Member of the Order of the Federal Republic of Nigeria (MFR) in
the year 2001. He was also conferred with the Belgian Royal Honour of ‘Knight
of the Order of Leopold’ in 2007. He is the Chairman, Okomu Oil Palm Plc and
also serves on the Board of MTN Nigeria and Crusader Insurance Plc. Mr Oyebode is also the Chairman, Access Bank Plc. Forbes described Gbenga as on
e of Nigeria’s most renowned commercial lawyers and stated that the value of his shareholdings  is worth tens of millions of dollars. 
Gbenga
Oyebode has presented many papers including:
  • Law firm partnerships in Nigeria – pitfalls
    to avoid 
  • Legal Practice as a Business – The
    Legal Practitioner’s Perspective
  • The Budding Lawyer in a Global
    World: Challenges and Opportunities
  •  Partnerships in Nigeria – Prospects
    & Challenges: A Law Firm’s Perspective 
  •  GSM: Opportunities, Challenges and
    Impact on the Nigerian Economy: Pertinent Considerations in the Legal Framework
    of an Efficient GSM Industry in Nigeria
  •  Legal Issues in Oil & Gas
    Project Finance.
  •  Petroleum Exploration and
    Development in West and Southern Africa (Legal Perspectives: Anglophone
    Countries).
  • Ownership and Control Issues
    regarding Oil & Gas and Hard Minerals in Areas of Disputed Borders: A West
    African Perspective.
  • Project Financing in the Nigerian
    Petroleum Industry – The Oso Condensate Project.
  • The Governmental Regulatory Approval
    Processes in Nigeria of Acquisition and Disposal of Oil Producing Properties
  •  Governmental Regulatory Approval
    Processes in Nigeria on Acquisition and Disposal of Oil Producing Properties

OPINION- DUTIES OF ALL NIGERIAN CITIZENS

OPINION- DUTIES OF ALL NIGERIAN CITIZENS

I just tried
taking a quick nap during my lunch break but I couldn’t because 2 of my colleagues
were passionately discussing the current Nigerian political situation and the
insecurity in the North-East. I bet you know how that goes, with the sad taste
Boko Haram has left in our mouths and how justice seems only for those who can
afford same, both were full of complains and sadness.  
One is a
mother whose child is in one of the higher institutions in the North and she wished
she could transfer her daughter to a school down South, the other just wished
our political representatives could be selfless rather than go to the National
Assembly to fatten their pockets, egos and obtain government contracts. In fact
she wished the military could come take power from these rascally politicians and
probably shoot them all
, well that was her opinion, before the Nigerian SSS
start looking for me. kindly note that  I
am totally pro-democracy, thank you.

Anyway, since
it was getting hard to nap, I joined the conversation, I told them how I believed
the Nigerian democracy will evolve and how the citizens had a duty to compel
govt. on all levels to deliver. However, stomach infrastructure seems to
largely influence our actions and thoughts. When mounting bills are knocking on
your door and the government doesn’t really input in your daily life, it
becomes a luxury to spend time trying to make governance work since the so
called political office holders are too distracted by party allegiances and personal
ambition to pay attention to the day to day duties of promoting Nationhood. 
One truth I believe
is that Nigerians need to wake up and make government stand straight. We have so much power standing together that politicians must live in fear of public backlash if they do not deliver. While reading
my constitution, I realized the Nigerian book compels citizens to take
Nationhood really serious and goes to the extent of providing duties for every
Nigerian citizen. Section 24 of the constitution says;
It shall be
the duty of every citizen to – 
  • abide by the
    constitution, respect its ideals and its institutions, the National Flag, the
    National Anthem, the National pledge, and legitimate authorities; this goes
    beyond learning how to recite it o.  
  • help to
    enhance the power, prestige and good name of Nigeria, defend Nigeria and render
    such national service as may be required; be a good ambassador of Nigeria,
    don’t be involved in 419 scams, yahoo yahoo, fraudulently lodge our monies
    in foreign accounts or commit crimes only to run away from England dressed as a
    woman, don’t give out pardons to well established government thieves either.

  • respect the
    dignity of other citizens and the rights and legitimate interests of others and
    live in unity and harmony and in the spirit of common brotherhood;
  • make
    positive and useful contribution to the advancement, progress and well-being of
    the community where he resides; don’t squander public funds, destroy public
    infrastructure, make a mockery of your political office or be a cog in the
    wheel of progress, all because you are a local champion and you want to receive
    egunje
    .
  • render assistance
    to appropriate and lawful agencies in the maintenance of law and order; and  this is difficult because the Nigerian
    police work on a first come, first serve basis, na who first complain and pay money
    na him get case
    , you can even go and report and they will say you are
    the culprit, I wonder how those guys think sef
    .  
  • declare his
    income honestly to appropriate and lawful agencies and pay his tax promptly. GEj
    doesn’t like this one sha because he refused to declare his assets a while ago.

If we
followed all of the above, maybe things will get better. 
adedunmade
Onibokun, Esq
@adedunmade
HIGH COURT OF LAGOS STATE SETTLEMENT WEEK

HIGH COURT OF LAGOS STATE SETTLEMENT WEEK

From the 1st 
to 5th of December, 2015, the Lagos State High Court will be having its
settlement week. This is a period in the legal year where the Court earmarks
cases which it believes can be settled amicably by the parties and these cases
are forwarded to the Lagos Multi-door Court House which is also in the High
Court complex in Igbosere, Lagos. The LMDC offers Alternative Dispute
Resolution mechanisms free of charge and all litigants are advised to confer
with their counsel on how to take advantage of the settlement week. 

The Lagos
Multi-Door Courthouse
(LMDC)
was established on June 11, 2002, as a public-private partnership between the High Court of Justice, Lagos
State and the Negotiation
and Conflict Management Group
(NCMG), a non-profit private organization. The
overarching objective of The LMDC is to facilitate dispute resolution within
the Nigerian Justice System.
Section 3(1)(8) of the Lagos Multi-door
Courthouse Law states one of its objectives as to promote or undertake projects
or other activities including but not limited to the settlement week which will
further assist in decongesting the courts and help to achieve. 
There are so many legal issues that can be
resolved through ADR including; banking and insurance related disputes;
landlord and tenant matters; property disputes; debt recoveries; libel and
slander; administration of estate; employment disputes; construction disputes; accident
and tort; medical negligence; contracts enforcement; family disputes;
succession disputes; and small claims etc. 
For more information, you may visit www.lagosmultidoor.org.
Adedunmade Onibokun, Esq
@adedunmade
NBA YOUNG LAWYERS FORUM ANNUAL SEMINAR 2014

NBA YOUNG LAWYERS FORUM ANNUAL SEMINAR 2014

BRIEF FACT ABOUT YOUNG LAWYERS’ FORUM (NBA-YLF).
The NBA young Lawyers forum is a platform for dynamic and resourceful lawyers within the post call bracket of 1-7 years, who are striving to make a difference in the legal practice. Bearing in mind that the NBA is the umbrella body of all lawyers in Nigeria, its operational structures include the young lawyers forum.

The underlying objective of the forum is to articulate the welfare of young lawyers and address the issues concerning their welfare and professional development.
These challenges range from undermining perceptions, economic decline to increasing competitive environment and limited opportunities for the latent potentials of young lawyers to thrive. These and many more affect the chances of a progressive career growth of the young lawyer. 
To address these challenges, young lawyers established the Nigerian Bar Association – young Lawyers’ Forum (NBA-YLF) in 2006 under the leadership of the then honourable NBA president OLISA AGBAKOBA S.A.N.
The Forum is steered by YLF-Governing Council appointed by the NBA national executive with its headquarters at the NBA Secretariat Abuja for a term of 2years.
The branches of NBA nationwide also have the mandate to inaugurate and appoint the credible and worthy members of the forum into the executive council of young Lawyers Forum. The various offices into the Forum executive are:
1 .The chairman
2. Vice chairman
3. Secretary
4Treasurer
5. Financial-secretary 
6. Publicity Secretary
The terms of reference of the executive apart from the general mandate of articulating issues concerning Young Lawyers welfare are set out in the Forum Bye Laws. 
 
Issa Adedokun Esq. Is the current Chairman of the NBA Young Lawyers’Forum, Ikeja-Lagos.
INVITATION TO THE BRITISH NIGERIA LAW FORUM CHRISTMAS PARTY

INVITATION TO THE BRITISH NIGERIA LAW FORUM CHRISTMAS PARTY

This is to notify the general public that the British Nigeria Law Forum (BNLF) Christmas Party will take place on 19th December, 2014 at 805 Restaurant (Annex) 817 Old Kent Road, London SE15 1NX.​

Tickets are on sale now at  Eventbrite:
http://bnlf-christmas-party-2014.eventbrite.co.uk
For details contact: 
Vivien Aghimien
BNLF Administrator
c/o Edward Wildman Palmer
Dashwood House
69 Old Broad Street
London EC2M 1QS
Fax: +44(0)2073537377
  Website: www.bnlf.org.uk
PLEASE NOTE THAT SPACES ARE LIMITED SO PLEASE BOOK YOUR PLACES AS SOON AS POSSIBLE.


 

COMMISSION ON STOCK MARKET TRANSACTIONS NOW EXEMPTED FROM VAT

COMMISSION ON STOCK MARKET TRANSACTIONS NOW EXEMPTED FROM VAT

credit – theeagleonline.com.ng
  Introduction
 The Value Added Tax Act (“VAT Act”) has been amended to exempt commissions on capital market transactions from VAT through the Value Added Tax (Exemption of Commissions on Stock Exchange Transactions) order 2014 (Order). The Order was published in a gazette dated 30 July 2014 and signed by the Coordinating Minister for the Economy and Honorable Minister of Finance. This is in line with the VAT Act which empowers the Minister to amend, vary or modify the VAT exemption list in the First Schedule to the VAT Act.

This further supports the government’s commitment to the development of the capital market since the issue of the Companies Income Tax (Exemption of Bonds and Short Term Government Securities) Order, 2011 and the Value Added Tax (Exemption of Proceeds of the Disposal of Government and Corporate Securities) Order, 2011.
The Exemption
The following commissions are exempted under the new order:
  • Commissions earned on traded value of the shares,
  • Commissions payable to the Securities and Exchange Commission (SEC),
  • Commissions payable to the Nigerian Stock Exchange (NSE); and
  • Commissions payable to the Central Securities Clearing System (CSCS)
credits – theeagleonline.com.ng
Commencement date and duration of the Exemption
The commencement date of the Order is 25 July 2014 and would be in force for five years from the date of commencement. This means that the exemption would expire on 24 July 2019 unless it is further extended by the Minister. Given that the Exemption Order was not made public on time, any VAT already paid on the exempt transactions should be claimable via adjustments in subsequent VAT returns.
Economic effect of the Exemption
VAT is an indirect tax and therefore it is borne by the final consumer. In relation to capital market transactions, any VAT charged on commissions was passed on to issuers and investors as the case may be. Given that VAT on services is not claimable, the cost is borne by the payer. With this exemption, it is expected that capital market transaction costs will benefit investors. The removal of VAT is expected to bring down the average cost of transactions on the stock market to about N24 .7 million on daily basis. For instance, for five day trading ended  on the 2 October 24, 2014, total volume of transactions exchanged on the exchange was 1,412,69,835 shares. So, averagely, on daily basis, NSE records 282,593,967 shares, indicating that investors pay about N24.726 million as VAT for selling their shares. The exemption would also reduce compliance costs for operators such as stockbrokers and the regulators in accounting and remitting VAT to the Federal Inland Revenue Service (“FIRS”).
Conclusion
The purpose of the exemption is to encourage more trading in securities and ultimately reduce the cost of transactions for investors, and encourage investments in the Nigerian capital market. However, it is expected to be in force for five years. Investors can therefore take advantage of the exemption.

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