by Legalnaija | Jun 12, 2022 | Uncategorized
A New Age:The 2022 Annual Conference of the Nigerian Bar Association (NBA) Section on Legal Practice (SLP) is set to usher in a new age of legal practice with its theme ” Legal Practice in Nigeria: Our Reality, Our Future. ”
Discussions on topical issues are scheduled to hold between July 3 and 6, 2022 in Asaba, Delta State, Nigeria.
TOPICS such as :
1. Legal Practice in Nigeria challenges and Solutions.
2. Lack of consistency in judicial pronouncements in Nigeria; code of conduct to the rescue.
3. Ethics in law practice;
4. Assisted reproductive technology and the law in Nigeria.
5. Court martial and opportunities for legal practice in the military
6. Alternative dispute resolution: A solution or illusion
Early Bird Registration ends in 5Days.
Hurry and Register Now; www.conference.nba-slp.org
by Legalnaija | Jun 12, 2022 | Uncategorized
The Technical Committee on Conference Planning (TCCP) for the 2022 Annual General Conference (AGC) of the Nigerian Bar Association (NBA) is pleased to announce the commencement of registration for the 62nd NBA Annual General Conference.
Registration for the conference commences today, June 12th, 2022, at www.nbaconference.com, with an early bird registration window which closes on 17th July 2022. Participants will be able to register for either physical attendance or virtual attendance.
The conference will hold at the Eko Atlantic City, Victoria Island, Lagos from 19th to 26th August, 2022 with the theme “Bold Transitions”. Renowned Nigerian author, Chimamanda Ngozi Adichie, will be the Keynote Speaker.
Regular registration for the conference will start on 18th July and end on 5th August, 2022. Late registration will run between 6th and 12th August, 2022, while registration for virtual attendance will be on an ongoing basis.
“The core objective of the 62nd edition of the NBA Annual General Conference is to host a world-class conference, with in-depth discourse on critical issues affecting the legal profession and the country, facilitated by the most eminently qualified resource persons able to galvanize all conference attendees towards the path of becoming better legal practitioners and experts in their chosen fields; shape public opinion on critical issues; and inspire lawyers to build the law firms of the future,” said Tobenna Erojikwe, Chairman, Technical Committee on Conference Planning (TCCP).
The registration fees are broken down according to categories. There has also been a significant reduction in the fees for virtual attendance compared to 2021.
Lawyers in the category of 1-5 years of practice will pay N15,000 for early bird registration, N40,000 regular registration, N80,000 for late registration, and N5,000 for virtual attendance as against N7,500 charged last year.
Lawyers within the 6-10 years category will register with N22,000 for early bird, N60,000 for regular, N120,000 for late registration, and N10,000 if they want to participate virtually compared to N11,250 they paid for virtual participation last year.
Lawyers who have practiced between 11-15 years will pay N36,000 registration fee if they make use of the early bird window, N70,000 for regular registration, N140,000 for late registration, and N15,000 for virtual attendance, N3,000 less than the N18,000 they were charged last year.
For lawyers between 16-20 years, the cost is N54,000 for early bird, N80,000 for regular, N180,000 for late registration, and N20,000 for virtual registration compared to N27,000 paid in 2021.
Lawyers who have more than 20 years of practice will pay N95,000 if they come as early bird, N150,000 for regular, N300,000 for late registration, and N30,000 for virtual attendance, a whopping N17,500 reduction from what it cost them to attend virtually in 2021.
Senior Advocates of Nigeria, Attorneys General, and Benchers will pay N190,000 early bird, N300,000 regular, N500,000 late registration, and N50,000 for virtual participation, N45,000 less than the N95,000 they paid last year.
It will cost Magistrates and other Judicial Officers N50,000 to register if they use the early bird window, N50,000 regular, N50,000 late registration, and N20,000 for virtual attendance compared to N25,000 for last year.
Honourable Justices, Honourable Judges, Grand Khadis and Khadis will pay N75,000 registration whether they come as early bird, regular registration or late registration. However, if they wish to participate virtually, the cost is N25,000 instead of N37,500 they paid in 2021.
For non-lawyers who want to attend the conference, the fee is N100,000 irrespective of whether it is early bird, regular or late registration. If they want to register to attend virtually, the fee is N30,000, N20,000 less than last year’s fee.
International Delegates will pay a fee of $300 for either early bird, regular or late registration, but $100 for virtual attendance, $50 less than last year’s fee.
“The AGC will bring together thought leaders in the areas of justice delivery, technology, economy, politics, judicial reforms, human rights, and rule of law. The aim is to have leading lawyers and thought leaders in the various fields to discuss and harmonise positions on the way forward on building a more effective Bar and a resilient country able to thrive amidst changing global dynamics,” Erojikwe said.
About NBA
The Nigerian Bar Association (NBA) is the non-profit, umbrella professional association of all lawyers admitted to the Bar in Nigeria and a member of all statutory bodies that regulate the Nigerian Bar and Bench.
The NBA is Nigeria’s foremost and oldest professional membership organisation and Africa’s most influential network of legal practitioners, with over 120,000 lawyers on its roll in 125 active branches across the 36 States and the Federal Capital Territory of Nigeria. It is organised into three practise Sections, eleven Fora, and two Institutes, all supported by one National Secretariat.
The NBA is engaged in the promotion and protection of human rights, the rule of law and good governance in Nigeria. It has an observer status with the African Commission on Human and People’s Rights, and a working partnership with many national and international governmental and non-governmental organisations concerned with human rights, the rule of law and good governance in Nigeria and across the world.
by Legalnaija | May 31, 2022 | Uncategorized
Now that Pre-elections (activities before elections) are underway, we should expect catalogues of Law suits. After elections in 2023, the flood gates of cases will be opened. Lawyers will smile to the bank, the same way delegates are currently smiling. “Lucky” Politicians will have the courts declare them the winner of an election, notwithstanding the official results as would be declared by the National body responsible for conducting elections in Nigeria, to wit: INEC. (Independent National Electoral Commission).
To be candid, the populace might not necessarily have the final say as to who wears the crown after an electoral exercise has been carried out in Nigeria. It is the court. (more…)
by Legalnaija | May 13, 2022 | Uncategorized
A Memorandum of Understanding (MOU) is a written statement detailing the preliminary understanding of parties who plan to enter into a contract or some other agreement. In other words, an MOU is a document that describes the formal agreement between parties wishing to enter into an agreement. It should be noted an MOU may be non – binding and is sometimes referred to as a Letter of Intent.
An MOU should contain the following clauses;
A letter agreement can be as long or as short as necessary to cover the points you wish to include, but you should describe the terms as completely and clearly as possible. Using the example above, a letter agreement might include:
- The name and address of parties
- The date of the agreement
- A description of the parties
- A description of the reason behind the agreement
- Obligations of the parties
- Miscellaneous provisions, such as choice of law, jurisdiction, notices, assignment, amendments, and counterparts.
- Your signatures and the date.
If you have more questions about how to draft an MOU, it is suggested that you speak to a lawyer, and if you will like to draft an MOU by yourself, you may use our MOU Template.
by Legalnaija | May 12, 2022 | Uncategorized
The Nigerian Bar Association Section on Business Law (NBA-SBL) has released a schedule of programmes for its 16th Annual International Business Law Conference billed to hold at the Transcorp Hilton Hotel Abuja from Wednesday, 20th to Friday, 22nd July 2022.
The programme schedule released by the 2022 Conference Planning Committee shows that the conference, themed “Recent Developments in the Business Law Environment”, will feature 11 plenary sessions.
According to the programme schedule, the sub-themes for the sessions include “CAMA 2020: The Journey So Far”; “ESG and the Nigerian Business Environment”; “In-house & External Counsel Relationship – New Trends and Expectations”; “Tackling the Challenges of Ponzi Schemes: Insolvency as a Resolution Tool”; and “AfCTFA – The Prospects for the Nigerian Business Lawyer”. (more…)
by Legalnaija | May 10, 2022 | Uncategorized
What is a photo licensing agreement?
A photo licensing agreement grants others the license to use a photographer’s images and the user may only use the image within the bounds of the agreement.
How it works
As a photographer, your job is to take pictures and you must have taken some very amazing pictures in your career. Imagine these pictures have now caught the attention of the world and you have brands and celebrities wanting to feature your photograph in their work.
A licensing agreement is the legal document you sign with the brand or company wanting to use your work. In this relationship, the photographer is known as the Licensor, while the company or brand is known as the licensee.
In essence, a photo licensing agreement is a contract between two parties, the licensor (the photographer who owns the copyright and is licensing the rights to use the image) and the licensee (the person or company wanting to and gaining the right to use the image).
The advantage to photographers
As a photographer, learning how to license your images is an essential skill if you want to make extra income from your photography practice.
What should be in a licensing agreement?
Terms contained in a licensing agreement include the description of the image being licensed; the duration of the license; the amount paid for the license and the ways in which the image may be used among several other things.
If you are considering getting a licensing agreement for your images, you can customize and download one in less than 5 minutes to your email. Plus its cheaper, faster and easier.
Simply visit legalnaija.com to get started.
@Legalnaija
www.legalnaija.com
by Legalnaija | May 10, 2022 | Uncategorized
What is a music licensing agreement?
A music license agreement is a legal contract between a copyright holder (musician) and another party to allow them to use their copyrighted material (music).
How it works
As a musician or producer, you must have recorded or mixed some amazing songs in your career. Now imagine, a brand or company wants to use your song in a promotional material, jingle or movie.
A licensing agreement is the legal document you sign with the brand or company wanting to use your work. In this relationship, the musician or producer is known as the Licensor, while the company or brand is known as the Licensee.
A music license agreement should specify the rights that will be granted:, what territory or countries it applies in, whether it’s exclusive or non-exclusive, and how royalties will be paid out. It may also specify things like when ownership reverts back to the copyright holder (in case of termination), who owns derivative works created under this agreement, and where all parties agree on jurisdiction should any disputes arise.
The benefit of licensing your work can be quite substantial including more financial income for the musician or producer.
If you are considering getting a licensing agreement for your images, you can customize and download one in less than 5 minutes to your email. Plus its cheaper, faster and easier.
Simply visit legalnaija.com to get started.
@Legalnaija
www.legalnaija.com
by Legalnaija | May 10, 2022 | Blawg
What is an art licensing agreement?
An artist licensing agreement allows an artist while retaining full copyright ownership of their work, to grant permission to another party to use their art.
How it works
As an artist, your job is to paint masterpieces and you must have created some amazing pieces of art in your career, which are no doubt collectors’ items. Now imagine, a brand or company wants to use your art in a promotional material, film or commercial. A licensing agreement is the legal document the artist signs with the brand or company wanting to use the art work. In this relationship, the artist is known as the Licensor, while the company or brand is known as the Licensee.
As an artist and the creator of your works of art, you are the sole owner of your work’s copyright, until you sell or transfer the copyright to another entity. Whether you become involved in an artist licensing agreement for a short amount of time, or permanently, you still own the rights to your work. As sole owner, you retain several absolute rights for the works you produce under the Copyright Act.
The Terms Covered in an Artist Licensing Agreement are
* Who the artist is and who the client is
* The duration of time that the licensing agreement will last
* The products that the artist’s images will appear on
* The distribution and the selling of the products that have the artist’s artwork on them
* The artist will have approval in how the client treats the artwork
* How much the client will agree to pay the artist in advance and in royalties
* The frequency that the client will pay the artist for the use of their work
* How the artist can exit the licensing agreement if they no longer want to be apart of it
The benefit of licensing your work can be quite substantial including more financial income.
If you are considering getting a licensing agreement for your images, you can customize and download one in less than 5 minutes to your email. Plus its cheaper, faster and easier.
Simply visit legalnaija.com to get started.
@Legalnaija
www.legalnaija.com
by Legalnaija | May 7, 2022 | Blawg, Book, Directory
Did you know some of the richest lawyers in Nigeria include Wole Olanipekun SAN, Chief Afe Babalola SAN, Wale Babalakin SAN, and Gbenga Oyebode. Also, some of the richest lawyers in the world according to Biglaw Investor, include Wichai Thongtang from Thailand worth $1.8 billion; Charlie Munger worth $1. Billion, and Bill Neukom worth $850 million. You may be familiar with some of these names. Contrary to what some people will have you believe, being a lawyer is still one of the highest paying careers in Nigeria and the world.
However, like every other profession or career, success does not come easy, it takes hard work, dedication, and integrity to become a successful lawyer. Also, Nigerian lawyers have an advantage over certain lawyers in other jurisdictions, being that Nigerian lawyers are called as Barristers and Solicitors, meaning you can earn money either as a Barrister, a Solicitor, or both.
If you will like to become one of the highest paying lawyers, here are a five tips you can include in your everyday schedule that will have on your way;
- Learn, unlearn and relearn every day.
- Be Organized
- Build and maintain a network
- Take advantage of technology
- Be creative and innovative
Interestingly, at Legalnaija, we also have tools that can help advance your law career, increase your income and promote your brand. Some of these include;
- The Lawyers Directory which helps users find you online through your area of practice, location and gender.
- The Blawg on which you can publish your expert opinions, commentaries and law articles for the public to read.
- Our Contract Templates which cut drafting time by over 98% so you can focus on more serious matters.
- The Online Bookstore where you can order some of the most recent legal textbooks and journals in your area of practice.
- A Research Assistant that cuts your research time significantly by providing you with quick answers, and
- Our Online Dispute Resolution platform where you can negotiate, record and resolve your client disputes.
All the tools mentioned above are available on our website www.legalnaija.com and taking advantage of them is what you need to get you on your way to success.
Remember, we are always rooting for you.
Image credit: www.bellanaija.com
by Legalnaija | Apr 23, 2022 | Uncategorized
Since the inclusion of the word “Consensus” into our Electoral Act, a new tunnel of excitement has been created in our political space and as one can see; Political parties seem to have found a new vehicle upon which to ride against the will of others within the same part.
It is often said and correctly so that a piece of iron only becomes what the blacksmith decides it should become and this aptly represents the activities of the Major Political parties in Nigeria as they have tailored the word Consensus into a cloth even the literal meaning of the word cannot wear.
Many Lawyers have expressed views on the fate of various Consensus arrangements that have littered our polity if tested in the courts largely owing to how these Consensus are being reached in relation to the wording and spirit of the Electoral Act.
This Writer examines the position of Law as regards the Nomination process of parties and particularly the delima of an Aspirant dissatisfied with such a Nominations process.
It was Law not so far back from today that the decision of a Political Party on the choice of it’s Candidate was non justiciable and thus was not litigable in any Court of Law. This position was hinged on the fact that in dealing with a voluntary association of individuals, the doctrine of ultra vires has no place.
Thus in Onuoha v Okafor & Ors, The Court of Appeal Per Olatawura, JCA (as he then was) stated inter Alia that: “Political parties should be the sole arbiter of who should represent them…….A member of a political party who is disenchanted with the party has one honourable course open to him; to resign from the party and may decide to join another party or stay away from politics”
What the above conveys is that a claim that a person was not validly nominated as a candidate of a party amounts to an invitation to the Court to take over the an internal Matter of the management of the party. This means that An Aspirant dissatisfied with the nomination of another as candidate for a position for which he aspired could only explore the internal mechinery of the party and not a Court of Law.
The Supreme Court per Obaseki JSC in the matter stated above noted inter alia that:
” The failure to sponsor the appellant cannot be said to be in breach or ultra vires the powers of the NPP because the appellant won the nullified nomination or because the appellant paid N5000.00 to contest the nomination. The NPP being a registered Political party has the same capacity as a natural person to make it’s choice of a candidate for sponsorship”
The Court of Appeal went further to hold in Ogunbiyi v Ogundipe that the issue of who becomes a candidate of a given party at any election was clearly a political one to be determined by the rules and the constitution of the said party and thus a domestic issue which was not justiciable in a Court of Law.
In the face of the above position of Law however,The Electoral Act 2022 has made very interesting stipulations that have opened a floodgate of legal views and analysis as it appears to ambushed and put to question the non justiciability of a decision of a political party on the choice of a candidate.
Section 84 subsection 2 of the Electoral Act 2022 provides for three ways by which the choice of a candidate shall be arrived at by Political parties viz Direct primaries, Indirect Primaries and by Consensus.
Like ants crowding a cube of sugar, Political parties have found convenience in the method of Consensus. However like the biblical rhetoric “what good can come out of Nazareth”, the implementation of the procedure for consensus by Political parties has left one wondering what good can come out of the Nigerian Political space.
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From outright coercion to the absolute absence and non endorsement of the consensus arrangements by all the aspirants, the process seems to fall squarely on the shoulders of the “Stakeholders” of the party.
The Electoral Act 2022 in section 84 subsection 9 stipulates to the effect that the written consent of all cleared aspirants indicating their voluntary withdrawal and endorsement of the consensus candidate shall be obtained.
The above section raises the impression that the aspirants who have been cleared are the most important actors in a Consensus nomination of a Candidate by a political party.
This presumption also finds strength in the words of section 84 subsection 11 and 12 of the Electoral Act 2022.
Subsection 11 reads: ” Where a political party fails to comply with the provisions of this Act in the conduct of it’s Primaries, it’s candidate for election shall not be included in the election for the particular position in issue”
Subsection 12 reads: “Notwithstanding the provisions of this Act or rules of a political party, an Aspirant who complains that any of the provisions of this Act or guidelines of a party have not been complied with in the selection or nomination of a candidate of a political party may apply to the Federal High Court for redress”.
The question that begs for an answer in view of the the earlier stated position of Law giving judicial backing by the courts is what redress will such an Aspirant dissatisfied seek in the Federal High Court?
It is important at this junction to mention that non compliance to the electoral act is a valid ground upon which to challenge a person’s candidacy and must thus be separated from the non justiciability of the Choice of a candidate in an election by a political party.
Many are of the strong opinion that the Supreme Court decision in Mato v Hembe has made the nomination of candidates by Political parties litigable and thus it seizes to be a political matter to be resolved by the party mechanism but can now be justiciable by the Court of Law.
This writer humbly disagrees with that view and holds that The Supreme Court in that case didn’t necessarily set a precedent to allow Courts litigate the decision of a political party on the choice of candidate and mine is hinged on very perculiar features of that case particularly the non compliance to the electoral act as well as the constitution.
In Mato v Hembe, the Supreme Court agreed first and foremost that as at the 10th of December 2014 which was the the day the Primaries of the APC was purportedly conducted for the Vandeikya/Konshisha Federal Constituency, Herman Hembe was not a Member of the APC as he only validly resigned his membership of the PDP on the floor of the House of Representatives on the 16th of December 2014; six days after the APC primaries was said to be conducted and the said Hembe returned as candidate of the party.
It flows from the above, that by the provisions of the Electoral Act then which is still the case now, a non member of a political party cannot be the candidate of that party at an election.
This doesn’t amount to interfering with the choice of a Party’s candidate but ensuring the application of the Electoral Act because one must first be a Member of a political party before one can be the candidate of it.
Would the Supreme Court have held differently if Hembe was a valid member of the APC? Absolutely Yes would be my answer. But once his non membership of the party was established, it seized to be a political matter in the hands of the Political party but a matter of electoral compliance.
It is thus my position that until the Courts pronounce to the contrary, the choice of a candidate at an election is still a political matter at the discretion of the Political party and is consequently non justiciable.
To answer the question of ” redress” as mentioned earlier, in Balonwe v Chinyelu, the Court of Appeal Per Oguntade JCA observed that:
” Even if the problem was settled in a manner the plaintiff found unsatisfactory, she might have a cause of action founded on a breach of contract (i.e the Constitution of the Party) that she was not allowed to run ad the party’s candidate when she had fulfilled the requirements laid down by the party’s constitution. Such action can only be one in damages, not for specific performance. The Court will not and ought not to choose a candidate for a political party.”
Also in the earlier stated case of Onuoha v Okafor & Ors. Olatawura JCA stated inter alia:
” …….if there is any claim , the plaintiff can maintain against his party, i.e the 2nd defendant, it is in my view an action for damages for their failure to sponsor him”.
I must state in conclusion that on the shoulders of the mentioned subsections of section 84 of the Electoral Act 2022, interesting times seem to lie ahead as we match to elections. The Act was only recently passed and I anticipate a development of case Law and Judicial pronouncements that would give depth to our politics going forward based on the charades been carried out in the name of Consensus by the political parties in Nigeria as we wait to see how much they comply to the Electoral Act 2022.
Adamu Terungwa Dominion Esq is Legal Practitioner at Olumide Ayeni SAN & Co. with special interest in Litigation, Fintech and Commercial Law. He is a member of the Africa Business Club.
