20th NBA-SBL Annual International Business Law Conference: Beyond Reforms: Measuring Policy Impact

by Legalnaija | Mar 23, 2026 | Blawg

Rebuilding Trust in Nigeria’s Legal System: A Call to Action

by Legalnaija | Mar 17, 2026 | Blawg

As the Nigerian Bar Association (NBA) Gwagwalada Branch marks its 2026 Annual Law Week, a powerful message has been shared by Lateef Omoyemi Akangbe, SAN, emphasizing one of the most pressing issues facing the legal profession today — public trust.

The theme of the Law Week, “Rebuilding Public Trust in the Nigerian Legal System,” could not be more timely. Trust is the foundation upon which every effective justice system is built. Without it, the very purpose of the law is undermined.

In his goodwill message, Akangbe, SAN, reminds us that lawyers are not merely practitioners but custodians of justice, entrusted with upholding the rule of law and preserving the integrity of legal institutions.

However, the message does not shy away from a hard truth:

when public confidence in the legal system erodes, the consequences are far-reaching. Citizens may begin to bypass lawful processes, turning instead to extrajudicial means in their quest for justice. In such a climate, the role of lawyers becomes diminished — retaining the title, but losing the essence and dignity of the profession.

This is a stark reminder that the decline of trust in the justice system is not just a legal issue — it is a societal one. A system without trust risks disorder and instability.

The path forward, as highlighted, requires a collective effort. Both the Bar and the Bench must take deliberate steps to rebuild and sustain public confidence. It is a responsibility that demands commitment, sacrifice, and accountability.

The message concludes with a note of optimism — that the efforts made today to restore trust will ultimately strengthen the profession and secure its future relevance.

As the NBA Gwagwalada Branch begins its Law Week, this serves as both a reflection point and a call to action for all stakeholders within the legal community.

We wish the Branch a successful and impactful Law Week.

Woman Crush Wednesday: EFOSA EWERE, FCIS, FCIArb, ABR

by Legalnaija | Feb 18, 2026 | Blawg

EFOSA EWERE, FCIS, FCIArb, ABR

Efosa Ewere is a distinguished dispute resolution lawyer, governance practitioner, and licensed insolvency professional with two decades of experience advising corporates, financial institutions, boards, and private clients across Nigeria’s commercial landscape.

She is the Managing Partner of Gravida Attorneys, where she leads the firm’s civil and commercial practice, overseeing complex litigation, arbitration, mediation, corporate governance advisory, insolvency, intellectual property, real estate transactions, employment matters, probate, and structured debt recovery. Her practice is defined by strategic clarity, disciplined case management, and the innovative integration of technology in dispute resolution.

Efosa is a Fellow of the Institute of Chartered Secretaries and Administrators of Nigeria (ICSAN), a Fellow of the Chartered Institute of Arbitrators (UK) Nigeria Branch (CIArb), a Fellow of the Business Recovery and Insolvency Practitioners of Nigeria (BRIPAN), and a Fellow of the Institute of Construction Industry Arbitrators. She is an Accredited Insolvency Practitioner licensed by the Corporate Affairs Commission of Nigeria and is appointed as a Notary Public by the Supreme Court of Nigeria.

Her insolvency and restructuring practice includes advisory and formal appointments in liquidation and recovery proceedings, where she provides pragmatic restructuring strategies and creditor-focused solutions. In governance, she serves as External Company Secretary to corporate entities, advising boards on regulatory compliance, corporate governance frameworks, board evaluations, directors’ induction processes, and statutory obligations.

Beyond practice, Efosa plays a prominent leadership role within the professional community. She currently serves as Chairman of the Lagos State Chapter of the Institute of Chartered Secretaries and Administrators of Nigeria. She is also a Council Member and General Secretary of the Business Recovery and Insolvency Practitioners of Nigeria, and Chairman of the BRIPAN Future Insolvency Leaders Forum. Recognised for her strategic insight, institutional leadership, and multidisciplinary strength across dispute resolution, governance, and insolvency, Efosa is trusted by clients for her measured judgment, discretion, and results-driven advocacy.

Registration Now Open: Yemi Akangbe’s Free NWLR Online Access for 25,000 Young Lawyers on First-Come, First-Served Basis

by Legalnaija | Feb 10, 2026 | Blawg

Young lawyers across Nigeria can now register for the landmark initiative by Senior Advocate of Nigeria and former Chairman of the NBA Lagos Branch, Yemi Akangbe, SAN, which provides complimentary access to the NWLR online platform for 25,000 practitioners between 0–7 years at the Bar on a first-come, first-served basis.

The registration portal went live today, marking the commencement of what is set to be one of the most significant interventions in legal professional development in recent years. Eligible lawyers can now register at https://tinyurl.com/YemiNWLR to access the platform, which ordinarily costs N50,000 per user annually. With only 25,000 slots available, young lawyers are advised to register promptly to secure their access.

The initiative, procured by Akangbe in partnership with Nigerian Law Publications Ltd, publishers of the Nigerian Weekly Law Reports (NWLR), is designed to remove financial barriers that prevent young practitioners from accessing essential legal research tools. The NWLR platform, recognised as Nigeria’s foremost law reporting service, houses decades of authoritative case law and judicial precedents critical to effective legal practice.

The programme reflects the philosophy of the late Chief Gani Fawehinmi, SAN, who championed the democratisation of legal knowledge throughout his career. Fawehinmi believed that excellence in legal practice could not flourish where access to knowledge was restricted by economic barriers, a conviction that Akangbe has now translated into concrete action for the digital age.

With thousands of new lawyers called to the Bar annually, many find themselves unable to afford comprehensive legal databases despite their centrality to quality legal work. By personally bearing the full cost of subscriptions for 25,000 young lawyers, Akangbe has demonstrated extraordinary commitment to the professional development of the next generation and the future of Nigeria’s legal system.

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The NWLR online platform provides access to reported judgments of Nigeria’s superior courts, enabling practitioners to study judicial reasoning, track the evolution of legal principles, and deliver well-researched advice and advocacy for their clients. For young lawyers in the crucial first seven years of practice, this access can prove transformative in establishing solid foundations for their careers.

The registration process has been designed to be straightforward and inclusive, ensuring that all eligible practitioners within the 0–7 year post-call bracket can benefit. However, with the initiative operating on a first-come, first-served basis, young lawyers are strongly encouraged to register immediately at https://tinyurl.com/YemiNWLR to secure their spot among the 25,000 beneficiaries.

The initiative has been met with overwhelming enthusiasm from young practitioners across the country, with many describing it as a timely intervention that will significantly enhance their capacity to conduct thorough legal research and serve their clients effectively.

As Nigeria’s legal profession continues to expand, Akangbe’s substantial personal investment sets a new benchmark for leadership and demonstrates what is possible when senior practitioners translate their concern for the future of the Bar into concrete, transformative action.

Eligible lawyers are advised to visit https://tinyurl.com/YemiNWLR immediately to complete their registration and gain access to Nigeria’s premier law reporting platform before all 25,000 slots are filled.

Enforcing Creators’ Rights in Nigeria: Contracts, Compliance, and the Case for ADR | Martha Osarugue Obakpolor

by Legalnaija | Feb 9, 2026 | Blawg

Introduction

Creativity is no longer a side conversation in Nigeria; it is a major economic driver. From music and film to digital content, fashion, and visual arts, creative works now sit at the intersection of culture, commerce, and investment. As the sector grows, so does the need for legal structures that protect creators, reassure investors, and regulate exploitation. Nigeria, like many jurisdictions, has enacted laws to govern the creative and entertainment space, with the intention of protecting creators, consumers, investors, and other stakeholders alike.

Beyond statutes, contracts remain the primary vehicle through which parties structure their relationships. Nigerian courts have consistently affirmed that parties are bound by the terms of their agreements, provided such terms are not inconsistent with the law. Where rights are breached—whether contractual or statutory—the law provides remedies. In theory, therefore, the framework for protecting creators is robust. In practice, however, the problem is rarely the absence of law or contracts; it is enforcement. Piracy persists, contractual breaches are commonplace, and litigation is often slow, expensive, and commercially draining. These realities weaken creators’ confidence and, more importantly, discourage structured investment into the creative economy.

Contracts: Where Enforcement Begins—and Often Fails

In an era where creative output is increasingly commercialised, it is surprising that many creators still enter work arrangements without clear, professionally drafted agreements. A well-drafted contract clarifies ownership, revenue sharing, royalties, duration, and exit rights, and significantly reduces enforcement disputes. Conversely, vague or informal arrangements leave parties relying on implied terms and goodwill, both of which offer limited protection when disputes arise.

A recurring issue in creative contracting is the failure to clearly define ownership and royalty structures. This omission often leads to disputes over intellectual property, revenue entitlement, and control of works long after the relationship has ended. Equally problematic are so-called “backdoor agreements” and one-sided standard form contracts imposed by dominant industry players. These agreements may technically be valid but are structured to shift risk almost entirely onto creators, leaving them with limited bargaining power and little room to enforce their rights.

Even where contracts are properly drafted, enforcement remains a challenge. Delays in litigation, cost of legal representation, evidentiary burdens, and power imbalances between parties often mean that creators abandon valid claims. In effect, contractual rights exist on paper but are commercially difficult to vindicate.

Compliance: The Silent Weak Link

Nigeria has several regulatory and administrative bodies tasked with protecting and regulating creative works. These include the Nigerian Copyright Commission (NCC), the Corporate Affairs Commission (CAC), and approved collecting management organisations. These institutions are designed to support enforcement through registration, licensing, monitoring, and rights administration.[3]

However, compliance remains weak on both sides. Many creators are unaware of registration requirements, collective management structures, or reporting mechanisms that could strengthen their enforcement position.[4] On the institutional side, enforcement agencies are often under-resourced and insufficiently accountable, resulting in inconsistent monitoring and limited deterrence against infringement.[5] Creativity may be artistic in nature, but it is also a commercial asset. Without a stronger compliance culture, neither creators nor investors can fully benefit from the value chain.

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Why Court-Based Enforcement Is Often Unrealistic

Litigation has traditionally been the default mechanism for enforcing rights, but it is ill-suited to the realities of the creative industry. Despite reforms such as small claims procedures and specialised court divisions, court processes remain slow and adversarial.[9] Creative disputes often require urgent intervention—particularly in cases involving royalties, ongoing exploitation, or reputational harm. Prolonged litigation can outlive the commercial value of the work in dispute.

Additionally, public court proceedings may expose sensitive commercial information and damage business relationships. For creators whose careers depend on collaboration, reputation, and public perception, a legal victory may still result in long-term commercial loss.[10]

The Case for ADR in Creative Disputes

Alternative Dispute Resolution (ADR) offers a more practical and commercially sensitive approach to enforcing creators’ rights. Mediation and arbitration allow parties to resolve disputes confidentially, efficiently, and with greater control over outcomes. In a relationship-driven industry, ADR preserves professional relationships while still providing enforceable outcomes.

ADR is particularly suited to creative disputes because of its flexibility. Parties can appoint neutrals with industry expertise, agree on timelines, and craft remedies that go beyond monetary compensation. Rather than a compromise, ADR represents a strategic enforcement tool that aligns legal protection with commercial realities.

Structuring Creative Deals with ADR in Mind

Effective enforcement begins at the contracting stage. Creative agreements should incorporate clear dispute resolution clauses that prioritise negotiation and mediation before escalation to arbitration or litigation. ADR mechanisms should also be considered during contract performance and not only after disputes arise. By embedding ADR into the lifecycle of creative transactions, parties create a predictable and investor-friendly framework for resolving conflict.

Recommendations

Strengthening enforcement in the creative sector requires a shift in mindset rather than wholesale legal reform. Creators must take contracting seriously and engage legal advice early, particularly on ownership, royalties, and dispute resolution. Regulatory agencies should adopt more transparent, technology-driven monitoring systems and actively promote ADR as a first-line enforcement mechanism. Investors and platforms, on their part, should prioritise fair contracting and compliance as part of risk management. Ultimately, a culture that treats creativity as both art and business will better protect rights, attract investment, and sustain growth.

Conclusion

Nigeria’s creative industry stands at a critical point. The laws exist, contracts are commonplace, and talent is abundant. What remains is the ability to enforce rights in a manner that is timely, commercial, and sustainable. By strengthening contracts, improving compliance, and embracing ADR, creators can move from paper rights to practical protection, and the industry can evolve into a truly investible ecosystem.

References

1. Copyright Act, 2022 (Nigeria). Provides statutory protection for literary, musical, artistic, audiovisual works, sound recordings and broadcasts, including civil and criminal remedies for infringement.
2. G. Rivers State v. A.G. Akwa Ibom State (2011) 8 NWLR (Pt.1248) 31. Authority on the sanctity of contracts and the binding nature of agreements freely entered into by parties.
3. Best (Nig.) Ltd v. Blackwood Hodge (Nig.) Ltd (2011) 5 NWLR (Pt.1239) 95.
   Reaffirms the principle that courts will not rewrite contracts for parties.
4. B.N. Ltd v. Ozigi (1994) 3 NWLR (Pt.333) 385. On freedom of contract and the enforceability of contractual obligations.
5. Nigerian Copyright Commission (NCC) – Establishment and enforcement powers under the Copyright Act, 2022.
6. National Film and Video Censors Board Act, Cap N40, Laws of the Federation of Nigeria 2004. Regulates film and video content distribution in Nigeria.
7. Nigerian Broadcasting Commission Act, Cap N11, Laws of the Federation of Nigeria 2004.
   Governs broadcasting standards, licensing, and content regulation.
8. Arbitration and Mediation Act, 2023 (Nigeria). Provides the modern legal framework for arbitration and mediation in Nigeria and supports the enforceability of ADR outcomes.
9. Small Claims Court Laws and Practice Directions (Lagos State and other jurisdictions).
   Introduced to reduce cost and delay in litigation, though with limited applicability to complex creative disputes.
10. UNCITRAL Model Law on International Commercial Arbitration (as adopted in Nigeria).
    Influences arbitration practice and enforcement standards applicable to commercial and creative disputes.

Martha Osarugue Obakpolor is a results-driven legal practitioner and the Principal Partner of McCharis Legal Consult. She has built a reputation for providing strategic legal solutions in corporate and commercial transactions, compliance, ADR, and advisory services. With experience advising businesses, investors, and creatives, Martha is recognized for her ability to simplify complex legal issues, manage risk, and protect client interests while supporting sustainable growth.

The interplay between master rights and publishing rights: navigating the complexities

by Legalnaija | Feb 2, 2026 | Blawg

Introduction

Artists, songwriters, producers and other stakeholders in the music and entertainment industries must comprehend the nuances of master and publishing rights. Each of these two separate but related rights governs distinct elements of a musical composition each with its own sources of income and legal ramifications.

Understanding Master and Publishing Rights

In the context of sound recordings master rights refer to the ownership of a master recording. These are frequently owned by the organization that provides funding for the recording, which could be the artist if it was self-funded or a record label. How the recording is used, distributed and reproduced in the media is up to the owner of the masters rights. Synchronization licensing or sync licenses for the use of recordings in movies or advertisements for instance is covered by master rights.

Important Legal Aspects of Masters Rights.

Under copyright legislation master rights serve as the cornerstone for the protection, commercialization and distribution of sound recordings. These rights comprise the established legal precedents pertaining to ownership duration licensing terms and the laws regulating their application and implementation.

1. Ownership of Master Rights

1. i) Artist Ownership

Frequently, independent musicians keep their master rights which allows them to control how the recording is used and receive full payment.

Control over Creativity and Finances.

Independent artists don’t require any permission from third party organizations to license their recordings for use on streaming services and sync partnerships along with other uses. By maintaining the master rights, they are better able to control the terms of use pricing and distribution methods for their songs.

The Difficulties Faced By Independent Artists:

While the master rights ownership is admittedly a more freeing and artistically inclined experience, it also means that the artist will have to be ready to cover the bills that come with production, marketing and distribution. Independent artists just starting out will most likely not have access to the resources and finances readily available in record labels, possibly restricting their capacity to succeed financially and gain market share.

1. ii) Label Ownership

Artists often enter into contracts with record labels that include the acquisition of master rights. Some labels consider this to be an important part of the negotiation process and will not take no for an answer. The labels contribute to the cost of professional production marketing initiatives, distribution networks and recording sessions while the artists transfer ownership of their master recordings to the label either permanently or temporarily in return.

Revenue Sharing:

Artists are usually paid royalties on the earnings earned from the master recordings. Although the percentage varies depending on the contract many artists get between 10 and 20 percent of net profits. Labels maintain control of the majority stake which they defend as payment for their investment. Certain contracts contain clauses that let artists reclaim their master rights after a predetermined period of time or after fulfilling specific requirements.

2. Duration of Master Rights.

The term of protection for master rights differs by the local jurisdiction, although it is usually for several decades.

International Standards (the Berne Convention):

The Berne Convention, which unifies copyright regulations among participant countries, establishes a 50-year period of protection for sound recordings starting from the date of publication. This time frame is extended by many nations such as the European Union to 70 years following the release of the recording or the death of the inventor.

Copyright laws in the United States:

For 85 years following publication or 120 years following invention whichever comes first, sound recordings made in the United States after February 15, 1972 are protected. Depending on state legislation and federal changes older recordings may be subject to different standards.

Understanding Publishing Rights

Conversely, the underlying composition—the melody arrangement and lyrics—is covered by publishing rights. Typically publishers and songwriters own these rights. They have authority over the works’ public performances, distribution and reproduction. Publishing rights are involved when a composition is licensed for covers or movie adaptations.

1. Split ownership of publishing rights.

A music publisher and the songwriter or songwriters often share publishing rights which leads to a division of duties and royalties.

Songwriters’ Ownership:

Due to their role in the creation of the composition (melody and lyrics), songwriters are still entitled to publishing rights. This share could be anywhere between fifty percent and the majority of the rights depending on the terms of the contract. Ownership is divided equally among many songwriters who work together and this needs to be recorded in a split sheet to prevent disputes.

Earnings:

Songwriters are compensated with royalties for their synchronization, performance and mechanical rights. The role of the publisher may also give them administrative control over the licensing of their compositions.

Music Publishers’ Role in Ownership

Publishers manage the market, promotion and profit from the composition in return for a share of the rights. Among their duties are licensing the composition, obtaining synchronization and cover opportunities and collecting royalties.

Standard splits:

Songwriters and publishers typically share publication rights 50/50 but this is not always the case. Self-publishing independent songwriters keep all rights but they are also in charge of all marketing and administrative duties. In foreign markets the composer may be represented by sub-publishers who will keep a share of the publisher’s profits while permitting local licensing and royalties to be collected.

Examples of Legal Cases.

There have been notable court cases pertaining to publishing rights most of which have involved ownership transfers, license conditions and royalties.

Music Mills Inc. v. Snyder in 1985.

The Supreme Court considered a publisher’s right to retain a share of earnings from derivative works produced after the songwriter terminated the initial transfer of rights. The idea that the original creator maintains complete ownership of any rights that are terminated was upheld by the Court’s ruling in favor of the songwriter.

Williams v. Gaye (2018): A Case of Blurred Lines.

A lawsuit was filed against Robin Thicke and Pharrell Williams for allegedly violating Marvin Gaye’s song Gotta Give It Up. The court found that there had been a violation of Gayes publishing rights and granted significant damages.

Conclusion

Intellectual property in the music industry is complicated as demonstrated by the relationship between master and publication rights. Participants need to be well-informed about these rights and their legal basis in order to optimize profits and reduce disputes. In order to guarantee fair and sustained business growth as the digital music economy develops these challenges must be addressed by robust legal frameworks and open processes.

Sources

1. Bolero Music: “Master vs Publishing Rights in Music IP” https://www.boleromusic.com/blog/master-vs-publishing-rights-music-ip
2. Releese Help Center: “What is the difference between master rights and publishing rights? https://support.releese.io/hc/en-us/articles/23100485505947-What-is-the-difference-between-master-rights-and-publishing-rights
3. Icon Collective: “How Music Royalties Work in the Music Industry” https://www.iconcollective.edu/how-music-royalties-work
4. Case law: Mills Music, Inc. v. Snyder (1985), Grand Upright Music, Ltd. v. Warner Bros. Records Inc. (1991) https://en.wikipedia.org/wiki/Grand_Upright_Music,_Ltd._v._Warner_Bros._Records_Inc
5. U.S. Copyright Office – Circular 56A: Copyright in Sound Recordings https://www.copyright.gov/circs/circ56a.pdf

ILA Nigeria Announces three Innovative Advanced Certificate Courses in International Law for 2026

by Legalnaija | Jan 30, 2026 | Blawg

ILA Nigeria Announces three Innovative Advanced Certificate Courses in International Law for 2026

To advance the study, clarification and development of international law, the International Law Association (Nigeria Branch) is proud to announce its training schedule for 2026 with three innovative Certificate of Advanced Studies in International Law courses.

CERTIFICATE OF ADVANCED STUDIES IN INTERNATIONAL TRADE LAW/AFCFTA LAW AND POLICY

Date: April 13-16, 2026

Time: 9:00 am Daily.

Venue: National Institute for Legislative and Democratic Studies (NILDS)

Piwayi District,Off Umaru Musa Yar’adua Express Way, Airport Road Abuja.

Kindly register via this link: ilanigeria.org.ng/casilaft

This advanced certificate course is organized by the National Institute for Legislative and Democratic Studies (NILDS) and the International Law Association (ILA), in collaboration with the Nigerian Bar Association Institute for Continuing Legal Education (NBA-ICLE). NILDS is the apex capacity building and research agency for Nigeria’s National Assembly, established by the NILS Act of 2011 (amended in 2017 to cover democratic studies).

Given the importance of the African Continental Free Trade Area (AfCFTA) to state parties like Nigeria, through its strategic aims to create a single, unified market access across the continent, boost intra-African trade, promote economic diversification and industrialization, attract foreign direct investment, protect creativity and innovation, and reduce poverty, it is essential for all key stakeholders to understand how to maximize the full value of AfCFTA for national development.

The course will focus on the core sources and principles of international trade law, the practical challenges that limit their effective design and implementation especially in the context of AfCFTA; as well as innovative approaches and skillsets required to negotiate win-win international trade instruments in an increasingly globalized world. The course will also address hot topics and trends that are particularly important for Nigeria, including treaty implementation, trade remedies and dispute settlement.

The course is composed of intensive in-class sessions and free participation for registered course participants at the ILA Nigeria International Law Conference on illicit financial flows.

2. CERTIFICATE OF ADVANCED STUDIES IN INTERNATIONAL LAW AND FRAUD INVESTIGATION

Date: April 13-14, 2026

Time: 9:00am Daily

Venue: : National Institute for Legislative and Democratic Studies (NILDS)

Piwayi District,Off Umaru Musa Yar’adua Express Way, Airport Road Abuja.

Kindly register via this link: ilanigeria.org.ng/casilfi

This advanced certificate course is organized by the Chartered Institute of Forensics and Certified Fraud Investigators of Nigeria (CIFCFIN) and the International Law Association (ILA), in collaboration with the Nigerian Bar Association Institute for Continuing Legal Education (NBA-ICLE). CIFCFIN was established in 2022, as Nigerian’s apex institution dedicated to regulating and promoting forensic and fraud investigation practice in Nigeria. Chartered by the CIFCIN Establishment Act, 2022, CIFCFIN aims to provide a formidable platform for training, supervision and regulation of the professional practice of forensics and fraud investigation in all ramifications.

Given the importance of international law to national development, it is essential for key stakeholders in government, private practice, academia, and students to understand key multilateral agreements that, through their effective implementation, can accelerate fraud detection and corruption prevention, especially in critical economic sectors such as mining, oil and gas, banking, finance and alternative dispute resolution amongst others.

This advanced certificate course will focus on the core sources and principles of international law relating to fraud detection, the practical challenges that limit their effective design and implementation especially in the context of fraud investigation and prevention; as well as innovative approaches and skillsets required to negotiate win-win international instruments in an increasingly globalized world. The course will also address hot topics and trends that are particularly important for Nigeria, including anti-money laundering, proceeds of crime management, illicit financial flows and inter-agency synergy.

The course is composed of intensive in-class sessions and free participation for registered course participants at the ILA Nigeria International Law Conference on illicit financial flows.

CERTIFICATE OF ADVANCED STUDIES IN INTERNATIONAL LAW AND DIPLOMACY (WITH FOCUS ON INTERNATIONAL FINANCE AND SUSTAINABLE DEVELOPMENT)

Date: July 20-24, 2026

Time: 9:00 am Daily.

Venue: Nigerian Institute of Advanced Legal Studies (NIALS)

Supreme Court of Nigeria Complex, Three Arms Zone, FCT, Abuja.

Kindly register via this link: ilanigeria.org.ng/casil

Now in its fourth edition, this advanced certificate course is organized by the Nigerian Institute of Advanced Legal Studies (NIALS) and the International Law Association (ILA), in collaboration with the Nigerian Bar Association Institute for Continuing Legal Education (NBA-ICLE). NIALS was established in March 1979, as Nigerian’s apex Institution for research and advanced studies in law. The Institute is also accredited to offer Mandatory Continuing Legal Education for Lawyers.

Given the importance of international law to national development, it is essential for key stakeholders in government, foreign missions, private practice, academia, and students to understand key multilateral agreements that, through their effective implementation, can accelerate sustainable development, specifically on issues related to foreign direct investments, regional economic integration, human rights, peace and security, climate change and environmental protection, Artificial Intelligence, management of new technologies, economic diplomacy, development financing, and alternative dispute resolution amongst others.

The 2026 edition will focus on diplomacy and development and is designed to provide an in-depth examination of the core sources and principles of international law, the practical challenges that limit their effective design and implementation especially in the context of developing economies; as well as innovative approaches and diplomatic skillsets required to negotiate win-win international instruments in an increasingly globalized world. The course will also address hot topics and trends that are particularly important for Nigeria, including transfer of technology, the role of public-private partnerships in key economic sectors, business and human rights, and corporate social responsibility.

Certificates

Participants shall receive a Certificate of completion, as well as 1 CPD point of the Nigerian Bar Association-ICLE, upon conclusion of any of the courses.

Should you have any questions concerning the course, please do not hesitate to contact Moronkeji Kolawole: 08140000988, info@ila-nigeria.org.ng

Does the Defection of 21 Kano Assembly Members Trigger Seat Forfeiture Under Section 109(1)(g) | Isah Bala Garba

by Legalnaija | Jan 29, 2026 | Blawg

Is the Defection of 21 Members of the Kano State House of Assembly an Automatic Forfeiture of Their Seats in the Light of Section 109(1)(g) of the Constitution?’

Sequence to the rift between Abba Kabir Yusuf and his political godfather, Senator Rabi’u Musa Kwankwaso, Abba Kabir Yusuf (the Governor of Kano state) was widely reported to have resigned his membership from the New Nigeria People’s Party (NNPP), the platform that brought him to power. This move was tagged by many as political betrayal and consequently generated public uproar across Kano State and beyond.

However, the uproar assumed a more complex legal colouration when, on the 26th day of January 2026, SaharaReporters reported that twenty-one (21) members of the Kano State House of Assembly had openly declared their defection from the NNPP to the All Progressives Congress (APC). This report was not speculative; as it was supported by a 4 minutes 16 seconds video, circulated widely which can be accessed at the SaharaReporter’s twitter handle, in which the said members, speaking in Hausa language, unequivocally announced their defection at the floor of the House.

While defection by a Governor has settled constitutional implications (or lack thereof), the same cannot be casually said of members of a legislative house. Therefore, the development raises certain legal questions: What happens where members of a House of Assembly defect to a political party that did not sponsor their election?

Does such defection automatically result in loss of seat?

These are the questions this article seeks to address in a few paragraphs below:

Starting with: A Defection to a political party is a process whereby a politician abandons the political party that sponsored him to office and joins another political party not as a result of a division or merger of parties.

The Supreme Court authoritatively defined defection. In R.S.H.A. v. Govt., Rivers State (2025) 7 NWLR (Pt. 1990) 591, the Court held:

‘The word ‘defection’ is synonymous with abandonment, desertion, apostasy, renunciation and rejection. In Politics, defection occurs when a person or group changes their membership from one Political Party to another.’

(Pp. 680-681, paras. H-C)

Importantly, defection is not speculative nor cosmetic. It must be proven. The Supreme Court further evinced in the same case that:

‘Defection is an active term. It manifests itself. It cannot be left to conjecture… For a person or group of persons to be said to have defected, the Political party from which they defected must, at least, be aware of such defection, and the political party where they defected to must also have evidence of their new members.’

(Pp. 681-682, paras. E-D)

Therefore, waving flags on television or issuing public declarations without acknowledgment by the receiving party does not, in law, amount to defection properly so called.

Going further, the law is settled that a President, Vice-President, Governor or Deputy Governor may defect without any constitutional consequence to their tenure. Such defection does not and cannot lead to forfeiture of office. This position is not the core of this discourse and needs no further elaboration here, as such, I say no more on this. However, members of the National Assembly and State Houses of Assembly stand on a different constitutional footing, Sections 68(1)(g) and 109(1)(g) respectively. Section 109(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides:

‘A member of a House of Assembly shall vacate his seat in the House if…

being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected.’

Sections 68(1)(g) of the Constitution provides the same for defected members of the National Assembly, as such, no harm will be done if it’s not reproduced hereunder.

Per Mohammed, CJN held in Abegunde v. O.S.H.A. (2015) 8 NWLR (Pt. 1461) 314 that:

‘The provisions of section 68(1)(g) [In the instance case section 109(1)(g)] of the Constitution are very clear that the appellant… shall vacate his seat… when being a person whose election… was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected.’

The question now is: is the Loss of Seat Automatic? This is where public sentiment often parts ways with constitutional reality.

Although Section 109(1)(g) prescribes forfeiture of seat, it is not self-executing.

The Supreme Court settled this beyond controversy in R.S.H.A. v. Govt., Rivers State (Supra) where NWOSU-IHEME, JSC held:

‘The only competent authority to declare the seat of a member vacant for defection is the legislature to which he or she belongs…SECTION 109(1)(G) OF THE 1999 CONSTITUTION IS NOT SELF-EXECUTING. THE ALLEGATION OF DEFECTION MUST BE PRESENTED BEFORE THE HOUSE IN SESSION. IF THE HOUSE IS SATISFIED THAT A MEMBER HAS DEFECTED, IT DECLARES HIS OR HER SEAT VACANT.’(Pp. 682-683, paras. H-E)[Capitalizations mine, for emphasis]

Put differently, defection does not operate automatically to vacate a seat. There must first be a legislative proceeding by the House such a member belong, and it’s the House that will declare the office vacant.

The Kano State House of Assembly has 24 members. Before this development, 3 members were already APC members, while the remaining 21 were elected on the NNPP platform, from which the Speaker and Deputy Speaker emerged.

With the defection of the 21 members, the practical question arises:

Does Kano State now have only three ‘competent’ lawmakers? The answer is a resounding NO. Because first, the allegation of defection must be tabled before the House. Second, it is only the House, sitting in plenary, that can determine whether defection has occurred and declare seats vacant. However, in this instance, the Speaker and Deputy Speaker are themselves part of the alleged defectors. The remaining three members are neither Speaker nor Deputy Speaker and Section 95(2) of the Constitution provides that where the offices of Speaker and Deputy Speaker are vacant or absent, members shall elect one among themselves to preside. The practical difficulty here is obvious:

Who elects whom among three members for the purpose of questioning the defection of twenty-one others?

This makes the situation legally and practically impossible.

One may, however, say that: can’t the Court intervene instead?The answer is equally settled, as the Supreme Court has consistently held that membership of a political party is an internal affair. In R.S.H.A. v. Govt., Rivers State (Supra), the Court reaffirmed:

‘Membership of a political party is a matter that is strictly within the domestic affairs of the political party and the courts have no jurisdiction to determine who the members of a political party are.’

Therefore, neither the Governor, nor any public office holder whatsoever, nor members of the public can validly approach the court to challenge the alleged defection where the House itself has not deliberated on it. After all, in the instant case, it is almost the entire membership of the House that is affected, thereby making deliberation practically impossible, as there are no members remaining to table the alleged defection, nor are there members to receive and deliberate upon it.

In conclusion, from the foregoing authorities and constitutional provisions, one conclusion stands firm: Defection by members of a House of Assembly does not automatically result in loss of seat.

There must be a legislative proceeding, duly conducted by the House, culminating in a declaration of vacancy. In the absence of such proceedings and given the peculiar paralysis within the Kano State House of Assembly, the twenty-one members remain, in the eyes of the law, valid members of the Kano State House of Assembly.Until the House speaks, the Constitution remains unoffended. And on this: I say no more, hoping I have passed the massage.

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Isah Bala Garba is a level 300 student from Faculty of Law, Bayero University, Kano. He can be reached for comments or corrections on: LinkedIn: https://www.linkedin.com/in/isah-bala-garba-301983276 Facebook: https://www.facebook.com/isah.bala.garba

isahbalagarba05@gmail.com or on 08100129131