(+234)9029755663 hello@legalnaija.com
THE NEW PENSION ACT: HOPE FOR THE NIGERIAN EMPLOYEE

THE NEW PENSION ACT: HOPE FOR THE NIGERIAN EMPLOYEE

by | Jul 14, 2014 | Uncategorized


 

credit – www.bbc.co.uk

A pension is a fixed sum to be paid
regularly to a person, typically following retirement from service. There are
many different types of pensions, including defined benefit plans, contributory
schemes, defined contribution plans, as well as several others.

 

It is quite sad
that some people still associate pension with old age.  For the larger percentage of employees who
have been involved in the pension contributory scheme have a better idea of
what the scheme is all about and it is important for every employee in days of
active service to concentrate on their pension contributions from the first day
of employment, Those who have the archaic believe of pension been a scam or a
retirement talk should rather sit up and learn more about the contributory
scheme. The New Pension Act 2014 is an eye opener of the obvious benefits in
the contributory scheme.

The Pension Act 2014
On 1 July 2014,
President Goodluck Ebele Jonathan signed into law the “Act”, which repeals the Pension Reform Act 2004. The new Act serve
as the enabling legislation for the administration of the contributory pension
scheme. Act has some major amendments which everyone, employers and
employees should find quite exciting just as I do and benefit from the major
changes which were made in this new act to alleviate the sufferings of the
Nigerian Employee from the shackles of pension problems which the former Act
did not address. Some of the major changes are highlighted below:
Participation and contribution
The scope of
participation of the contributory pension scheme for employers in the private
sector has been decreased from minimum of five employees to three employees, which
enables wider participation for the informal private sector, this is a
wonderful development for employees in small scale employment, and they are not
left out of the contributory benefit to secure their future.
There is also an
increase in the rate of contributions, Under the Act, employers are to contribute
12% of the monthly emolument which was previously 7.5%, and the employees on
the other hand are to contribute 8% which was previously 7.5%. For an employer
that bears the total pension contributions of its employees they will be
expected to make 20% contribution. These contributions are applicable on
monthly emoluments only. It is important to note that the scope of the monthly
emolument has been given a wider definition than before i.e.  Monthly emoluments under the Act is defined as
the total emoluments as may be defined in the employees contract of employment
but shall not be less than a total of basic salary, housing allowance and
transport allowance.
Sanctions and punishments
The Act now
empowers the National pension commission to institute criminal proceedings
against employers for persistent refusal to remit pension contributions subject
to the fiat of the Attorney General of the Federation, which will be to the
delight of employees right now. Furthermore Pension operators who mismanage
pension funds are liable on conviction to not less than 10 years imprisonment and/or
fine of an amount equal to three-times the amount so misappropriated or
diverted now. As it is clear that the benefit of pension is on the high side,
some adamant employees still refuse to join this scheme, the pension act 2014
takes good care of these category of staffs by compelling an employer to open a
Temporary Retirement Savings Account (TRSA) on behalf of an employee that
failed to open an RSA within three (3) months of assumption of duty.
 

Credit- Google

Recovery of Pension
The employees
who have been involved actively in the contributory pension scheme often
complain about recovery of pension after loss of job, the worry centers around
the stipulated waiting period after a job loss, the new act has now given us a
reason to smile as the act has reduced the waiting period for accessing
benefits in the event of loss of job by employees from six (6) months to four
(4) months. So in a sad case were you lose your job, you can quickly smile to
the bank to access your benefits after 4months.
Finally It is
clear that the new pension Act 2014 is quite advantageous to the employees as
some keys issues have been addressed such as 
upward review of the penalties and sanctions, enhanced coverage of the contributory
pension scheme and informal sector participation, upward review of rate of
pension contribution, opening of temporary retirement savings account for
adamant employees and  access to benefits
in the event of loss of job .
Sogo Akinola
08166205499                     
*Sogo Akinola Nathan
a young commercial lawyer at Gbenga Biobaku and co. He specialises in
Taxation,oil and gas law and intellectual property. He is a graduate of
obafemi awolowo university and the Nigerian law school lagos campus. He
is a member of the nigerian bar association and a member of the Young
International Arbitration Group and also an intending associate member
of the Chartered Institute of Taxation of Nigeria.*
CELEBRATING THE LIFE OF BAMIDELE ATURU

CELEBRATING THE LIFE OF BAMIDELE ATURU

by | Jul 10, 2014 | Uncategorized

The death of Mr Bamidele Aturu has shocked the legal world, his commitment to championing human rights and constitutionalism is a strong legacy by which he would be remembered. 


Mr Aturu was one of the founding members of a political group committed to pursuing deep-rooted democratic principles and holding those in power accountable to the governed – Democratic Alternative. His practice was very vibrant and he undeniably devoted his legal skills to representing the common man and promoting social justice and development in Nigeria.

Mr Bamidele was a fighter against power abuses when, as a member of the National Youth Service Corps, he refused to shake the hand of a military administrator  of Niger State, Col. Lawan Gwadabe, in 1988 during his NYSC passing out parade declaring that the military had caused great harm to the democratic aspirations of Nigerians.


Mr Aturu studied for his law at the University of Ife, and devoted much of his legal practice to representing marginalised or oppressed individuals and groups.
He was nominated as a member of the ongoing national confab, but he renounced his membership, arguing that the conference was designed to achieve nothing.

His legacy and passion will always be celebrated.

WHY I WANT TO BE NBA PRESIDENT By Funke Adekoya SAN

WHY I WANT TO BE NBA PRESIDENT By Funke Adekoya SAN

by | Jul 8, 2014 | Uncategorized

The Nigerian Bar Association is, in my humble opinion, in a state of
decline. That is the association that should protect the interests of its
members. I don’t think we are doing it; and I don’t think we are doing it
adequately, if at all. Many lawyers are disenchanted with the Bar association
both at the branch level and the national level. If you ask any lawyer to come
to branch meeting, they will ask you: ‘What is the association doing for me for
me to have my daily bread. I don’t have time to come and sit in any branch
meeting.’ I think this shows the level to which we have fallen. So why I am
running this election is so that we can raise the Bar, raise the Bar back to
where it used to be – where a legal practitioner was respected and trusted by
civil society, where when we spoke other segments of the civil society listened to us because we were always on point and on time with our

interventions into what is going on.

For one thing, we need to look at our internal structures within the association
and change the things that have meant that our members are disenchanted. They
feel they don’t have a voice, they feel they cannot participate in the
affairs of the association at the national level.
We must revisit the exclusion of observers from NEC. I for one will not bar observers
from NEC. And the reason is simple: it is a generally unpopular decision and I
for one will take steps to overturn it. We are not a secret society. Attendance
at NEC meetings is an opportunity for members across the country to socialize
among themselves, to network among themselves. And those who are not NEC
members, who attend with their friends who are NEC members, use it as an
opportunity to decide to become more involved in the administration and
management of their branches, either by contesting election at branch level or
at the national level. It is a breeding ground for our next set of leaders.
Instructively, the presidency of the NBA is not a one-man affair; that is why the president
has many other National Officers to support him. That is why the president has three
vice president, has a Treasurer, has a Financial Secretary, has a
Welfare Secretary, has a Legal Adviser. And if everybody is allowed to do their
jobs, then it is not a stressful exercise at all. The problems that we are
actually seeing in the Bar association today is that people are trying to put
all the powers of all the officers in one place. That is not what it is
supposed to be. So I don’t see it as more stressful than running my law firm here
where we have 60 people – 25 administrative staff and about 40-something
lawyers in three different offices, one of which is even outside of Nigeria.
And I was the Managing Partner, and I ran it successfully from the day we
started for four years till 2008. So I don’t see any difference. It’s a
question of having structures in place and having procedures in place.
Once the structures are in place, then the staff  know this is the process. If it is a
disciplinary complaint, it goes to the administrative staff in the secretariat;
they review it; it then goes to the Legal Adviser who looks at it and says, ok
fine, take the next step. If there are procedures in place, when the
disciplinary complaint comes to the secretariat, the staff know what the
procedure is. So the procedures are there, the structures are there, the process
runs seamlessly.
For instance, let us just take our national secretariat. We have a
national secretariat that does not have an effective staff manual. Now, an
effective Staff Manual covers all the things that can happen and what you
should do to respond so that whoever is in-charge of Bar Services for instance
will know that if there is an enquiry in respect of a particular issue, does
that enquiry go to the Legal Adviser if it is a legal enquiry? Or does it go to
the head of Disciplinary Committee if it is a disciplinary enquiry? Or does it
go to the head of the Membership department if it is an enquiry that involves membership? So those
are the structures and procedures that we should put in place. We don’t have that type
of comprehensive manual. Those are the type of structures and procedures that I am
talking about.
When I was the Chair of the Conference Planning Committee 2009, we planned the Lagos
Conference. In 2010 we planned the Kaduna Conference. We sat down and we wrote
a Conference Planning Manual which indicated, by this date, this is what you
need to have done; these are the letters you ought to have sent out. And we
have precedents of the letters inviting the Guest speaker, inviting Session
chairmen. By each date, for each month, we knew what we were supposed to do.
Those are the type of processes that I am talking about.
It is my view that all lawyers must embrace an ‘international’ outlook as the world has
become a global village. I believe that the experiences I have gained at the
international level – especially at the International Bar Association (IBA) –
will be useful to the developmental agenda of my own Bar association. We must
as a professional body think globally and act locally. That is the only way we
can raise our standards, be of good standing in the comity of our professional
colleagues, and be just as relevant on issues affecting us and our nation
internationally and at the domestic level.
I will not make empty pledges merely to win an election. In my previous
record of service to the Association I fulfilled the pledges I made when
seeking the mandate. As National Treasurer, I ensured that accounts of the
Association were audited and presented to NEC (a tradition that continues till
date), and that a statement of the current income and expenditure of the
Association was presented to NEC at each meeting.  As 1st Vice President,
I ensured that the Stamp and Seal Project was established. That it is
non-operational till date has nothing to do with failure to fulfill any pledge
made. Again, in the forthcoming elections, I am putting myself out to be held
accountable for any pledge that I make. I shall keep my word! That is what our
noble profession enjoins us to do.
It is noteworthy that some of the issues I raised in 2006 when I contested the
presidency of the NBA have not been resolved till date. I said then – as I
say now – that towards its members the Association has both a
representative and a regulatory role to play.  The Association is
regulating its members through the collection of practising fees and
disciplinary procedures, but has still not fulfilled its representative role of
providing membership benefits or even improving on and protecting the
livelihood of the average lawyer. The Association must be relevant to its
members. If it fails to do so, if we as an Association do not project that
relevance, then the Association is certain to become increasingly irrelevant to
our professional well-being or even the nation at large.
I am not a stranger to matters of leadership of the Nigerian Bar
Association. Irrespective of the different power blocs and shades of opinion
within the Bar, victory at the polls rests wholly on the votes cast for a
candidate. I believe strongly that the Agenda set out in my Manifesto is what
the Bar needs at this time. I have the leadership experience, exposure,
candour, and above all, competence to deliver on the pledges and commitments
made in my Manifesto. I am aware that the majority of the delegates and members
are tired of “business as usual” and there is a conscious effort by
them to make the Bar better.  Many NBA members have called me to pledge
their support; many keep calling to urge me on. The election is the opportunity
to vote as our conscience directs us, and I believe delegates will individually
and corporately live up to their commitment to join me in ‘Raising the
Bar!’
The assertion that the NBA is not ripe for a female president is not
borne out by facts and current trends. It is mere propaganda. If the
Commonwealth Lawyers Association – of which Nigerian lawyers are a substantial part –
can elect a Nigerian woman as President and she distinguished herself, I cannot
see the point in that assertion. In fact, there is no better time than now to
elect a female NBA President to replicate at the Bar the giant strides done by
the first female Chief Justice of Nigeria at the Bench. If we are all agreed
that things have to be done differently, then I can tell you without
equivocation that the time to elect a female NBA President is now!
It’s an idea whose time has come! The best man for the job is a woman. That’s the refrain I
hear everywhere I go.
* Adekoya is a Senior Advocate of Nigeria and leading aspirant for NBA



Presidency*



Culled from www.askthelawyeronline.com 

SUE THAT NUSIANCE DUDE

SUE THAT NUSIANCE DUDE

by | Jul 4, 2014 | Uncategorized

Credits: Google

So everyone knows one person or
the other who is a complete nuisance, i am sure you know what i mean, take some
time to think about it, whose that person who you just feel like giving a
punch, kicking out the door , throw off the 3rd mainland
bridge , give a dirty slap, being far away from. I know those names
just ran through your mind. Well, have no sweat because you can sue that nuisance
dude. Ok, wait a minute, before you rush to court to sue the whole world or
everyone on your street, you should finish reading this blog.
It’s not every nuisance
that you can actually sue. 
According to Kodilinye and Aluko:
The Nigerian Law of Torts, “the word nuisance is used in popular speech to mean
any source of inconvenience or annoyance, but the tort of nuisance has a more
restricted scope and not every inconvenience or annoyance is actionable.
Nevertheless, this tort “has become a catch-all for a multitude of ill-assorted
sins, such as the emission of noxious fumes, from a factory, the crowing of
cocks in the early hours of the morning, the obstruction of a public highway,
the destruction of a building through vibrations and the interference with an
easement of way”.
Credits – Google
There is a long list of actions
that come under nuisance; in fact the list is not exhaustive. Your neighbour
who plays his music at the loudest volume and disturbs the neighbourhood can be
a nuisance, so also the person that lets his pets go into other people’s house
to damage property. I remember being asked if a lady who was fond of standing
by her window nude in a neighbourhood full of married men can also be a nuisance,
well I haven’t come across any case law on such before. 
Note that there are 2 types of
nuisance, Public nuisance, which is a crime and actionable by the Attorney –
General is committed where a person carries on some harmful activity which
affects the general public or a section of the public, for example, where the owners
of a factory cause or permit fumes and smoke to pollute the atmosphere in the locality.
Private nuisance on the other hand refers to injury to the rights of a private
person and is usually designed to protect private owners of land. 
Credits – Google
Private nuisance falls into 3
categories namely; a physical injury to a person’s property; substantial interference
with a person’s use and enjoyment of his land; interference with easements and
profits e.g. where a person wrongfully obstructs the right of way or light of
another. Take a while and think about that nuisance you know, no need to suffer
in silence anymore, you can sue that nuisance dude. The remedies available to
one who complains of a nuisance are: damages, an injuction to restrain further nuisance
and abatement. 
Adedunmade
Onibokun, Esq.
@adedunmade   
CONFUSED ABOUT TINTED CAR PERMIT?

CONFUSED ABOUT TINTED CAR PERMIT?

by | Jul 2, 2014 | Uncategorized

A citizen confused about the recent Tinted Glass Permit by the Nigeria police said, “I am Confused about the recent Tinted Glass Permit Issues. If one owns a car with Factory Tinted Glass, is he supposed to get a tinted glass permit?

The Nigeria police recently explained the ban on the use of tinted glass within the country, in a bid to answer most questions from citizens as regards to issues on the use of tinted glass.

Below is Police explanation.

The Police High Command has observed with concern the unnecessary controversies that have trailed the recent IGP’s announcement on the ban on the indiscriminate use tinted glasses on vehicles plying Nigerian roads.
The Force has observed that one of the issues that have generated so much contention and sometimes endless arguments between Police officers enforcing the ban on the one hand, and motorists on the other hand, is the contention by some vehicle owners that there is no valid law restricting the use of tinted vehicle glasses in Nigeria.
Others who claim to be aware of the legal restriction argue that because the tints on their glasses are ‘factory-fitted’, they are under no legal obligation to get a permit. Yet, others hinge their arguments and
objections on the fact that their car tints are not as dark as others and thus, should be excused from the requirements of obtaining Permits.
While some of these arguments may sound persuasive or even plausible, they are unfortunately devoid of any known legal foundation. Nigerian Laws are unequivocal in their restrictions on the use of tinted vehicle glasses.
For instance, regulation 66(2) of the National Road Traffic Regulations (1997) provides that:
‘All glasses fitted to a vehicle shall be clear and transparent to enable persons outside the vehicle see whoever is inside the vehicle and the glasses shall in no way be tinted except as may be approved by the Inspector-General of Police for security reasons.’ (Emphasis mine)
However, it will appear that the most comprehensive legislation on the use of tinted car glasses in Nigeria is the Motor Vehicles (Prohibition of Tinted Glass) Act, CAP M21 Laws of the Federation of Nigeria (Formerly Decree No. 6 of 1991).
According to Section 1 (1) of this Act, except with the permission of the ‘appropriate authority’ and for ‘good cause’, “no person shall cause any glass fitted to a vehicle to be tinted, shaded, coloured lightly or thickly, darkened or treated in any way so as to render obscure or invisible persons or objects inside the car”. Under the Act, it is also an offence to aid, counsel or procure the commission of the offence. From the reading of the law, it is clear that the law made no distinction between manually fitted tints and factory fitted tints.
For purposes of the Law, ‘appropriate authority’ refers to the Inspector-General of Police (IGP) or any other person duly delegated by him, while ‘good cause’ means health or security reasons. The implication of the above is that it is only the IGP or any such person or persons duly authorized by him that can issue a tinted glass
permit. In addition, such permit can only be issued on health or security grounds.
Owners of vehicles with tinted glasses are therefore mandated by law to seek the authorization of the IGP before deploying such vehicles on our roads, whether such vehicles came with factory tints or whether the tints were manually fitted. However, by the operation of Section 3 of the Act, such persons – importer, buyer, done – have 14 days grace, from the date of the purchase of the car or the date of arrival of the car in Nigeria (whichever is applicable) to either remove the tinted glasses or obtain the tinted glass permit.
Persons convicted for committing offences under this Law are liable to a fine of N2,000 or imprisonment for a term not exceeding 6 months or both fine and imprisonment. Where the offence is committed by a corporate body, the Police may by the operation of Section 4(2) of the Act, proceed against its director, proprietor, manager, or other senior officers of the organization.
It must be noted that legal restriction on the use of tinted car glasses is not peculiar to Nigeria. There are many countries – both developed and developing – with similar restrictions. The law is designed to promote and protect the collective security of all, through visual transparency.
It reduces the chances of persons plying vehicles with opaque glasses from ferrying dangerous objects such as explosive devices, arms, ammunition and other incriminating materials undetected from one part of the country to the other. It is also designed to enhance the smooth discharge of Police duties, by making the monitoring of motorists easy. It is therefore advisable that persons without good reason to use tinted glasses in their cars should refrain from doing so.
In Nigeria at the moment, the decision by the Police High Command to ensure a strict enforcement of the relevant laws prohibiting unauthorized use of tinted glasses on our roads is predicated on the need to effectively tackle contemporary security challenges in the land and ultimately serve the common good of all Nigerians.
Intelligence reports and empirical statistics at the disposal of the Police Force indicate that majority of crimes relating to terrorism, suicide bombing, kidnapping, gun-running, human trafficking, armed robbery and other related offences are committed with the use of vehicles with tinted glasses. Perpetrators of these heinous crimes hide under the cover of tinted glasses to ply their nefarious trade.
It has therefore become a matter of urgent national security importance that indiscriminate use of vehicles with tinted glasses be checked in accordance with our laws.
The good news however is that the Law authorizes the appropriate authority (in this case the IGP) to issue tinted permits to Nigerians on health and security grounds if they are so qualified. Persons desirous of obtaining tinted glass authorization are advised to follow the following steps:
1. Write a formal application to the IGP for the use of factory tinted glasses, stating the reason for use, bearing in mind that approval of such application is predicated on health or security reasons only.
2. Applications should be accompanied with the following:
– Photocopies of all relevant particulars of the vehicle.
– Photograph of the vehicle.
– Profile of the applicant with relevant background information.
– Passport size photograph of the owner of the vehicle.
– Any other supporting document/information that may help to justify the request.
The Police authority conscious of the fact that some unscrupulous Police Officers may take advantage of the new regime of enforcement to engage in the harassment and extortion of helpless motorists, has issued strong warnings to all Policemen charged with the responsibility of enforcing the law to ensure that they act within the confines of the enabling laws and the Police Code of Conduct at all times.
Command Commissioners of Police have been charged to ensure strict supervision of men deployed for these duties while the IGP Monitoring Units have been empowered to arrest and bring to book any officer found acting in a manner inconsistent with his or her oath of office.
Police Officers are also warned to desist from harassing Nigerians who have already obtained valid tinted glass permits, as provided by the extant laws.
Finally, the Inspector-General of Police calls for the support, understanding and cooperation of all Nigerians, including corporate citizens as the Force embarks on a strict enforcement of the tinted glass laws.
Culled from Nigerianpolicewatch.com 
5 TIPS TO BEING A GREAT TRIAL LAWYER

5 TIPS TO BEING A GREAT TRIAL LAWYER

by | Jul 1, 2014 | Uncategorized

Cross Section of Lawyers at a Call to Bar ceremony

Being a great trial lawyer is not
an easy task because great trial lawyers are not born but made. Advocacy is an
art and like every other art, the skill needs to be groomed. No great artist
woke up from a dream bursting with musical expertise like abami eda,
rather it took hard-work, perseverance, consistency and commitment to horn
their talents and skills, the same rule applies to great trial lawyers. 


When I was a white wig, I was
always interested in having a great advocacy practice, so I searched for books
and essays on tips on how to become a great advocate and in my search, I came
across a book by F. Lee Bailey titled “To Be A Trial Lawyer” . I found the book
quite informative and over time, I return to its pages like a Tax Collector
looking at his tax notes over and over again trying to discover any unaccounted
tax clearance. I hope to share some of the great tips I learned from F. Bailey
with you in this blog and I hope it inspires you to strive to attain excellence
in your legal career. I will also be using excerpts from F. Baileys’ book to
illustrate the points. 
 TIP 1
HAVE A GOOD COMMAND OF THE ENGLISH LANGUAGE

“English in every
form should be your first concern. The use of language is a trial lawyer’s
daily fare and if he is good at it, a daily joy as well. Only those who have
refined and polished their ability to handle words in any and every form can
know the delight that such a faculty offers. Among the many talents that can
boost one’s self confidence, none surpasses the ability to spellbind an
audience. Only entertainers, Political figures, lecturers and trial lawyers
experience the surge of adrenaline that comes from speaking well”.

I remember watching a certain
Senior Advocate of Nigeria (SAN) as he marshalled his arguments before the
court, not only was I impressed by his command of the English language but the
clarity of his speech and ability to communicate the case of his client to the
court without mincing words or using unnecessary expletives provoked in me and
other counsel in court that day a high level of admiration. Judges have a very
short attention life-span usually because they have to listen and write almost
all what the litigants and lawyers say, if you say too many stories that
touch the bone marrow waste their time by puffing too much smoke without
saying anything useful to your clients case, they tend to zone out. It’s
crucial you express yourself briefly while at the same time marshalling out
your points. It’s no gain saying that a judge will hardly pay attention to a
lawyer that cannot speak well.

Nigerian Supreme Court

TIP 2
KNOW YOUR EVIDENCE
“Every trial lawyer
must have rules of evidence carefully filed in his memory because during a
trial there is rarely time to look them up. If you try lawsuits for a living,
you will literally lie in the world of so – called proof. It is perhaps best to
understand right here that most cases are decided on something less than strict
proof. If something is so clear that it is really “proven”, it probably won’t
even be in contention during trial”.

Recently, in the National
Industrial Court, I witnessed two opposing counsel trash out the rules of
evidence in open court, the Plaintiff’s counsel sought to tender a document
through its witness and the Defendant’s counsel objected on the grounds that
the document was inadmissible, for about 6 minutes, both lawyers argued back
and forth before the judge made a Ruling in favour of the Defendant. If the
Defendant’s Counsel did not know his rules of evidence, it is safe to assume
that the Plaintiff will have tendered an inadmissible document which would have
been adverse to the case of the Defence.

TIP 3
PREPARING FOR TRIAL
“When you begin to
go to court for a living, the most common shortcoming you will see in your
colleagues and opponents will be just such lack of preparation. Pre-trial
preparation has often been compared to a part of the ice berg that sank the
Titanic, namely the part that was underwater (about 87% of the whole). You may
not be able to see it from a distance, but you know damned well it’s there. The
trial itself is like the portion that sticks up out of the water for all to
see. Preparation is exhausting, painstaking, and occasionally heartbreaking
work, but it is an absolute duty that a trial lawyer owes to his client”.

I once appeared before a High
Court basking in confidence, I assumed I was ready for the day’s proceedings
and was looking forward to trashing outwit opposing counsel with my
arguments. Imagine my surprise when the opposing counsel argued his points from
a rule of procedure I had not expected nor researched. The judge made a decision
in his favour and I lost. That day hurt, LOL, I experienced what over –
confidence and lack of adequate preparation could do to a lawyer first hand, maybe
the sinister smile from a law school class mate who was on the opposing side as
we walked out of court also made it worse, the smile said I beat you and
stuck its tongue out. I have always ensured I prepare adequately for
proceedings in court since that day.

TIP 4
HARDWORK
Hard-work does not kill, as a
lawyer you must be ready for long hours of research, critical thinking and you
must never give up. You must always believe there is always a way and you must
get busy trying to find that way in other to win your case in court, legally of
course not through bribery or other unwholesome practices.

TIP 5
BE RESPONSIBLE FOR YOUR CAREER GROWTH  
Finally, you must be responsible
for your career growth as a lawyer, seniors do not expect to spoon feed on the
job and they expect a certain level of ability from you. Personally, I take
responsibility for my career by ensuring I develop myself daily in the
following aspects: Advocacy; Use of English; Legal Drafting; Law practice
management and Networking. You may want to create your own list and get on with
developing your skills in those regard.

Becoming a great trial lawyer is
not a days’ job, it takes a very long time to horn your skills to perfection, more
reason why you should start now. If you know any other great tip for being
a good trial lawyer, don’t hesitate to write them in the comment box, a great
lawyer must be ready to learn daily and i will like to learn from you too.

Adedunmade Onibokun, Esq
@adedunmade
RAPE IN LAGOS STATE IS LIFE IMPRISONMENT

RAPE IN LAGOS STATE IS LIFE IMPRISONMENT

by | Jun 30, 2014 | Uncategorized

Credits: Google


As a
lawyer and blogger, I come across many reports bothering on sexual crimes. I bet
you have as well. I particularly remember the shocking news out of India when
four men raped and killed a lady who commuted in the same vehicle with them.
Don’t push your nose up just yet at the Indians; we both know such similar stories
come out of your city or communities as well. Sexual crimes are a universal problem
which the courts and law enforcement agencies come across almost daily, I
wonder why we have so many perverts and sexual predators people committing
such crimes in today’s society.

In Lagos
State,Nigeria, the Criminal Code Law (2011) in Section 258 (1) provides that “any man who has unlawful sexual intercourse
with a woman or girl, without her consent, is guilty of the offence of rape and
liable to imprisonment for life”. A life time in prison is a long time to rot
cool off in jail because you can’t zip up   control
your sexual urges. Plus, it’s important to identify that fine line between
seduction and attempted rape, the law further states in Subsection (2) that “a woman or girl does not consent to sexual
intercourse if she submits to the act by reason of force, impersonation, threat
or intimidation of any kind, fear of harm or false or fraudulent representation
as to the nature of the act”. I wonder if religious leaders who cajole
their followers to have sexual intercourse come under this head, what do you
think?
Credits: Vanguardngr.com

Sexual
intercourse between a man and a woman who are married is not unlawful and sexual
intercourse is complete on the slightest penetration of the vagina or any other
part for that matter as seen in Section 259 which says “any person who penetrates sexually the anus, vagina, mouth or any other
opening in the body of another person with a part of his body or anything else,
without the consent of the person is guilty of a felony and liable to imprisonment
for life”. Wow, like I earlier stated, life in jail is a long time for a
crime that takes less than a few minutes to execute, in my opinion, it’s
definitely not worth it, even an attempt to sexually assault or rape is a
felony liable to imprisonment for fourteen (14) years, I bet you don’t want
that either.
Sexual Harassment
is a big thing that could get you a 3 year jail term in Lagos State, you cannot
even touch another person sexually without their consent or you could be liable
to imprisonment for three (3) years, that means squeezing the yansh grabbing
a co-worker or passerby in a sexual manner without their consent is not a good
idea either (S. 261(1)).
“Sexual
harassment is unwelcome sexual advances, request for sexual favours, and other
visual, verbal or physical conduct of a sexual nature which when submitted to
or rejected–
(a) implicitly
or explicitly affects a person’s employment or educational opportunity or
unreasonably interferes with the person’s work or educational performance;
(b) implicitly
or explicitly suggests that submission to or rejection of the conduct will be a
factor in academic or employment decisions; or
(c) creates
an intimidating, hostile or offensive learning or working environment”.
A person
consents if he agrees by choice and has the freedom and capacity to make and
communicate that choice. In determining whether a person charged had reasonable
grounds for believing that another person consented, the court shall have
regard to all the circumstances, including any steps taken by the defendant to
ascertain whether the woman or girl consented. So when a girl says no, she
means no. You may ask how can one tell if she’s saying no but means yes, well, except
she is saying no and putting your penis into her vagina if she implies
yes by her other actions or speech, that will be a question for the court to
decide.  
Credits: connectnigeria.com

Bestiality
is another ball game, meaning to fuck an animal to have sexual relations
with an animal is a no-no, any person who has sexual intercourse with an animal
is guilty of a
felony,
and is liable to imprisonment for three (3) years (S.265).
Adedunmade
Onibokun, Esq
@adedunmade
#FREEMUBARAK: A FUNDAMENTAL RIGHTS ISSUE

#FREEMUBARAK: A FUNDAMENTAL RIGHTS ISSUE

by | Jun 26, 2014 | Uncategorized


Mubarak Bala, a self professed
atheist has been locked up in a psychiatric ward in Kano because of his belief
that God does not exist, Read
story here.  The outspoken atheist
and ex-Muslim was allegedly beaten by his family, placed in a psychiatric
hospital and now faces possible execution, all for renouncing Islam and
declaring himself an atheist. A #FreeMubarak Campaign has been launched on
twitter and an online Petition
has been collecting signatures with a view to compelling his immediate release.
Mubarak’s detention has provoked wide spread criticism from various quarters in
and out of Nigeria, a country which is no doubt deeply religious, however, the
law protects the rights of Nigerian citizens to freedom of thought and religion
therefore Mubarak should not be subjected to this degrading and inhuman
treatment.

Every Nigerian is at liberty to
manifest or propagate his or her religious beliefs freely without condemnation as
provided in the Constitution, so also Mubarak even though he chooses not to
belong to any religion. Section 38 of
the Constitution of the Federal Republic of Nigeria, 1999, which provides for
the Right to freedom of thought, conscience and religion, states that:
   “(1). Every person shall
be entitled to freedom of thought, conscience and religion, including freedom
to change his religion or belief, and freedom (either alone or in community
with others, and in public or in private) to manifest and propagate his
religion or belief in worship, teaching, practice and observance.”

The
provision of the Constitution could not be anymore clearer, Mubarak has a right
to freely choose his religion and he should not be subject to the degrading
treatment he is allegedly being subject to at the moment in the hands of psychiatric
Doctors in Kano.  The Supreme Court in Agbai
vs. Okogbue (1991) & N.W.L.R. (Pt 204) 391 also echoes this
provision of the law and goes further to state that even a conflicting
provision of customary law cannot deprive the individual of the right to
freedom of thought, conscience and religion, thus even Sharia law cannot
divorce him from these inalienable rights. 
Not
only is Mubarak’s right to religion being breached but his right to freedom
from discrimination based on his religion (or lack of it) and his right to
freedom of movement have also been thrown out the window. Nigeria as a
democratic society must uphold the tenets of the law and the Human Rights
Commission should ensure that Mubarak’s case is properly investigated and an
example should be made of his captors.  We therefore call for his immediate release.
You
can participate by signing the petition for Mubarak’s release and also tell
your friends to do same.
Adedunmade
Onibokun Esq.
@adedunmade
protect sexual violence survivors in Algeria, Morocco and Tunisia.

protect sexual violence survivors in Algeria, Morocco and Tunisia.

by | Jun 17, 2014 | Uncategorized

Do you remember the high profile case of Amina Filali? She was just 16 when she took her own life. A few months earlier, the Moroccan teenager had been forced to marry the man she said had raped her. Her death exposed the appalling get-out clause that allowed men accused of rape in Morocco to walk free by marrying their victim.

In January 2014 – two years later and after sustained campaigning – the Moroccan parliament unanimously agreed to amend this clause. We are now campaigning for similar provisions to be removed in neighbouring Tunisia and Algeria and for the state to go further to protect sexual violence survivors in Algeria, Morocco and Tunisia.
Act now to defend the rights of Algerian, Tunisian and Moroccan survivors of sexual violence.
Women and girls have the right to live free from rape and other forms of sexual violence. Yet discriminatory and harmful provisions in Algerian, Moroccan and Tunisian laws not only fail to protect survivors of sexual violence they further stigmatize and victimize them.
In Tunisia, a 27-year-old woman, Meriem Ben Mohamed, said she was raped by two policemen in September 2012. Instead of investigating her complaint, the authorities accused her of indecency. Her case exposes a clear need for the authorities to ensure that survivors receive the legal, social and medical assistance they need.
Stand with survivors of sexual violence like Meriem, and call on the Algerian, Moroccan and Tunisian authorities to abolish these discriminatory and harmful laws once and for all.
Join us now in saying no more excuses and no more delays.

Many thanks

Jessie Macniel-Brown

My Body My Rights Campaign Manager

INVESTMENT: TIPS & ADVICE

INVESTMENT: TIPS & ADVICE

by | Jun 17, 2014 | Uncategorized


Dear Valued Investor,
In the outgone week, the NSEASI maintained its positive steam although ended with a marginal loss of 0.03%. The marginal cool-off comes after 4 weeks of straight gains back-to-back. The benchmark index ended at 41, 228.65 points. At this level, the Nigerian bourse has delivered 0.24% negative return for the year-to-date. The current market mood clearly suggests strong profit taking sentiment amongst most market participants.Recall that positive sentiment following the inclusion of ETI and FO in the MSCI Emerging Market Index, stable monetary environment, mixed corporate earnings, impressive dividends and yields were key drivers of the market equities in May despite heightened security concerns.

                                         
We would expect the equities market to see some decent level of zigzag trading over the next three months as both profit takers and bargain hunters slug it out. Bargain hunters will be taking position for second quarter/first half corporate results while profit takers will linger to close existing positions in the market. Notwithstanding, we believe there is still value. The Nigerian basket of equities is valued at price-to-earnings (P/E) ratio of 13.37x which we find attractive relative to peers within the SSA basket priced at 25.13x P/E ratio. The recent inflation numbers which shows a pick-up in the consumer price index to 8.00% from 7.9% in April might be begin to be a source of concern for fixed income traders over the medium-term. This should be a positive catalyst for the equities market.
                                    
Our basket of recommended stocks reflect the current mood in the market. While there are currently no “Sell” recommendations in our coverage universe, 53.8% of the stocks within the basket commands “Hold” rating while 46.2% is rated “Buy”. This shift in our coverage universe is reflective of the tight range within which the overall market is currently valued. Within the banking sector, DIAMONDBNK, FIDELITYBK, and SKYEBANK enjoys “buy” rating. Traditionally, we favour names such as GUARANTY, ZENITHBANK, FBNH, ACCESS. However, we will recommend a “Hold” on this names pending when we see a modest correction in their share prices. These names already are trading at our target prices.

In the consumer goods sector, DANGSUGAR offers the highest potential at current market price, alongside FLOURMILL, NASCON, NESTLE and UNILEVER. Nigeria’s demography in terms of population size, purchasing power, cash economy, changing consumer taste are key drivers of the consumer goods sector. We continue to see sustained earnings and margins growth in the sector.

The growth potential in Nigeria’s industrial (cement and building) sector is captured by CCNN, WAPCO, and DANGCEM.
Warm Regards,
Research & Strategy
Elixir Investment Partners Limited
Eleganza Building,
9th Floor, 634 Adeyemo Alakija,
Victoria Island Lagos
E: research@elixirinvestment.com