by Legalnaija | Aug 24, 2025 | Blawg
New Release: Casebook on Privacy and Data Protection in Nigeria
The discourse on privacy and data protection in Nigeria has entered a new phase with the publication of a pioneering resource: Casebook on Privacy and Data Protection in Nigeria, authored by leading privacy law scholars Olumide Babalola and Dr. Uchenna Nnawuchi.
Why This Book is Groundbreaking
This casebook is the first of its kind in Nigeria, compiling landmark judicial decisions on privacy and data protection from independence to the present day. It offers far more than a collection of cases—it provides a clear narrative of the evolution, misconceptions, and current realities of privacy jurisprudence in Nigeria.
Highlights include:
A comprehensive and authoritative reference for practitioners, academics, and policymakers.
In-depth analysis of how Nigerian courts have shaped the contours of privacy and data protection law.
A vital resource for students, scholars, and researchers interested in the development of this emerging field.
According to the authors, the book “fills a long-standing gap in Nigerian legal literature and is intended to support both scholarship and practice in a rapidly developing field of law.”
Who Should Read This Book
The Casebook on Privacy and Data Protection in Nigeria is essential reading for:
Legal practitioners seeking practical guidance from judicial precedents.
Academics and students looking for a scholarly yet accessible reference.
Policymakers, regulators, and advocates shaping Nigeria’s data protection landscape.
Now Available;
Following its successful public presentation and scholarly review, the Casebook on Privacy and Data Protection in Nigeria is now available for purchase. This is a unique opportunity to own a resource that will influence teaching, research, practice, and policymaking in one of the most critical areas of contemporary law.
Do not miss the chance to secure your copy of this groundbreaking publication.
by Legalnaija | Aug 24, 2025 | Uncategorized
THE NDPR TRUST MARK: A MISLEADING AND COUNTERPRODUCTIVE TOOL IN NEED OF REFORM
By Olumide Babalola
Introduction
Under Nigeria’s data protection framework, certain categories of business entities are required to conduct and file annual data protection compliance audits (now formally referred to as Compliance Audit Returns (CAR) under sections 6(d) and 61(g) of the NDPA and Article 10 of the GAID). When the system was first introduced in 2019, the regulator issued confirmation emails as evidence of filing. However, upon transitioning to the Nigeria Data Protection Commission (NDPC), the practice shifted to issuing NDPR Trust Mark Certificates as proof of compliance with audit-filing obligations.
Although this innovation initially appeared professional and standardized, it quickly created misconceptions. Many organizations and even some privacy professionals, interpreted the Trust Mark as confirmation of substantive compliance, rather than a simple acknowledgment of audit filing. The result is widespread misrepresentation, with businesses brandishing the Trust Mark as proof of full compliance while neglecting their broader obligations under the law. This article examines the meaning of trust marks, why the NDPR Trust Mark (as currently issued) is misleading, and why reforms are necessary to avoid further confusion and counterproductive outcomes.
Understanding Trust Marks in Privacy and Data Protection Parlance
Globally, trust marks (also called privacy seals, certification marks, or trust seals) are visual indicators (logos, badges, or images) that signify compliance with predefined data protection or privacy standards. Typically, they are awarded by independent third parties and serve as signals of credibility to consumers, regulators, and stakeholders.
Needless to say, that the Nigerian idea of trust mark (although tweaked) was inspired by the EU GDPR’s creation of certification mechanism in Europe even though they continue to struggle with their problems of heterogeneity of the trust mark regime. In the EU, for example, the GDPR introduced certification mechanisms that serve as trust marks. These are often tied to regulated services such as electronic signatures, timestamps, and other qualified trust services, thereby enhancing confidence in digital transactions.
At their core, trust marks communicate that an organization has been evaluated and approved by a neutral third party against specific privacy or security criteria.
Why the NDPR Trust Mark is Misleading
Outdated Legal Reference: As of August 23, 2025, the Trust Mark issued by the NDPC still carries the label NDPR. Whereas the principal legislation since 2023 is the NDPA, not the NDPR. Continuing to issue certificates under the old regulatory regime only fuels legal and operational confusion especially in the light of conversations around the current status of the NDPR as extant or otherwise.
False Impression of Evaluation: Unlike global trust marks, the NDPR Trust Mark does not represent a thorough evaluation against defined privacy benchmarks. Instead, it merely confirms that an organization has filed its annual audit report. The absence of evaluation metrics, scoring frameworks, or substantive approval processes means that the Trust Mark conveys an inflated sense of compliance.
Conflicts in the Nigerian Audit Process: In Nigeria, audits are conducted by Data Protection Compliance Organisations (DPCOs), which are engaged and paid by the very companies they audit. This raises a fundamental conflict of interest: “he who pays the piper dictates the tune.” Furthermore, under Article 10 of the GAID, the obligation to conduct audits lies primarily with controllers and processors themselves. The law merely requires filing through a DPCO. Thus, the DPCO is not an independent evaluator but rather a service provider executing instructions. Without standardized scoring or evaluation metrics, the process does not amount to a true third-party certification.
Misconstrued Approval by NDPC: The most damaging misconception is the idea that the Trust Mark signifies NDPC’s approval of total compliance. In reality, audit reports are meant to highlight gaps, not certify perfection. The NDPC’s acceptance of audit filings cannot and should not be equated with substantive compliance. For instance, a company may dutifully file its audit while still failing to meet obligations around transparency, data subject rights, security safeguards, or purpose limitation. The Trust Mark, however, enables them to market themselves as “compliant,” which misleads the public and stakeholders alike.
Counterproductive Effects of the Trust Mark
The original purpose of audits was to help organizations identify and fix weaknesses in their privacy practices. Unfortunately, the Trust Mark has turned this process into a box-ticking exercise. This problem is especially acute among digital lenders and fintech companies, which often require the Trust Mark to secure licenses. Once obtained, many companies ignore the gaps identified in their audits, preferring instead to rely on the certificate as proof of compliance year after year.
The result is an illusion of compliance where organizations technically comply with the audit-filing requirement while ignoring broader obligations. Meanwhile, the NDPC’s true objective (i.e safeguarding data subjects’ rights) is undermined. In short, while the issuance of Trust Marks may inflate statistics on “compliance,” it does not reflect the reality of privacy protections in practice.
Recommendations for Reform
Replace the initial Trust Marks with Acknowledgment Notices: Instead of issuing Trust Marks upon audit filing, the NDPC should issue simple acknowledgment documents. These should confirm only that an audit has been filed, without implying broader compliance.
Introduce Remediation Timelines: Since audits reveal compliance gaps, the NDPC should require controllers to submit remediation plans with clear timelines for addressing deficiencies.
Adopt a Scoring and Evaluation Framework: True trust marks should only be awarded after substantive evaluation. The NDPC should create scoring metrics to assess compliance maturity, allowing organizations to be benchmarked and rated transparently.
Clarify the Scope of the Trust Mark: The NDPC should consistently emphasize that audit filing does not equate to substantive compliance. Public communication must reinforce this distinction.
Issue Trust Marks Post-Verification: Only after an organization has demonstrably closed the gaps identified in its audit should it be eligible for a genuine trust mark.
Conclusion
The NDPR Trust Mark, in its current form, is misleading, counterproductive, and ripe for reform. While intended as a symbol of compliance, it has instead become a shield for minimal effort and a source of confusion for stakeholders. For Nigeria’s data protection ecosystem to mature, the NDPC must realign the Trust Mark with its true purpose: a rigorous, independent certification of substantive compliance. Anything less risks perpetuating a culture of checkbox compliance while leaving the fundamental rights of data subjects unprotected.
by Legalnaija | Aug 22, 2025 | Blawg
Balance business sustainability with mental wellness, Aderemi urges lawyers
The JAALS Foundation, in partnership with Mindsplace, held a Mental Wellness webinar on August 21, 2025, to mark the forthcoming birthday of Perchstone & Graeys partner Mr. Tolu Aderemi. The virtual event drew legal practitioners and other professionals from Nigeria, the United Kingdom, Zimbabwe, Morocco and beyond, and centred on reconciling firm profitability with the psychological wellbeing of those who practice law.
In opening remarks, Aderemi described the legal profession as “a demanding one,” where long hours, relentless deadlines and constant scrutiny — often seen as hallmarks of excellence — also drive anxiety, stress and other mental-health challenges. He cautioned that the sector tends to prioritise physical health and financial outcomes while overlooking mental wellness, and stressed that poor mental health in the profession results from a combination of high expectations, client pressures and sustained workload rather than any single cause.
Keynote speaker Ms. Eniola Bello, CEO of Mindsplace, appealed directly to employers, urging them to treat employee mental wellness as a core business imperative rather than an optional extra. Bello highlighted common triggers such as prolonged work hours and chronic anxiety, and argued that deliberate investment in staff wellbeing is not only humane but also essential to sustainable business growth. “A sound legal mind is essential to providing excellent legal services,” she said, urging firms to establish proactive support systems for psychological health.
Both speakers emphasised that protecting mental health and maintaining business sustainability are mutually reinforcing objectives. They argued that prioritising mental wellness reduces burnout, sustains productivity and safeguards client service standards — making it both an ethical duty and an economically prudent strategy for law firms.
Aderemi also challenged the profession to confront stigma. He called on colleagues to avoid marginalising those experiencing mental ill-health, to encourage open discussion, and to foster workplace cultures where employees feel safe to seek help. He further urged law firms to adopt supportive practices and appealed to the Nigerian Bar Association to institutionalise communal frameworks for mental wellbeing across the profession.
The webinar underlined a growing consensus within legal circles that robust, sustainable business models must incorporate deliberate measures to protect mental health — for the benefit of practitioners, firms and clients alike.
by Legalnaija | Aug 20, 2025 | Blawg
New Arrivals at the Legalnaija Bookstore: Calling All Lawyers, Law Firms & Legal Scholars
We’re thrilled to announce a fresh collection of new legal titles now available at the Legalnaija Bookstore! Whether you’re looking to sharpen your litigation skills, deepen your understanding of intellectual property, or stay updated on the latest amendments in Nigerian law—we’ve got you covered.
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– Gambling Law & Practice by Samson Onuche
– Modern Nigerian Land Litigations and Appeals: With Cases and Materials
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by Legalnaija | Aug 18, 2025 | Blawg
MODE OF ENFORCEMENT OR SETTING ASIDE AN ARBITRAL AWARD; ORIGINATING MOTION OR A MOTION ON NOTICE? – A BRIEF COMMENTARY ON ZAMTRAC MANAGEMENT & CITY INVESTMENT LTD V. HAJIYA HALIMA BABANGIDA
Over the years, yet-to-be litigants have agreed in advance on various modes by which any disagreement that may arise from their contractual relations may be settled. Arbitration is one of these alternative dispute resolution mechanisms which allow parties to settle their differences outside of the formal courtroom, with relaxed rules and greater chances of arriving at a win-win situation. This is in clear contrast with the “winner takes all” procedure obtainable in the courtroom litigation.
The Nigerian legal system has also seen the need to encourage the use of these alternative dispute resolutions and our jurisprudence is rich with several holdings of appellate courts endorsing these alternate techniques of disputes resolution as part of concerted efforts to attain substantial justice. The reasoning behind this is not far-fetched as many of these alternative dispute resolution mechanisms are products of contract. Thus, if the parties have, at the time of entering a contract, agreed that every or a specific type of disputes that may arise in the course of their relation must be resolved by arbitration, the law ought to enforce that their desire without a second thought.
Despite these seemingly settled judicial positions however, enforcement of arbitral awards in Nigeria still poses a significant challenge. Sometimes, it begs the question whether there was any merit in first submitting to arbitration and thereafter commencing the procedure for the enforcement and recognition of an award – a process which may end up ultimately in a litigation up to the Supreme Court.
Parties who are aggrieved by an award proffer all manner of excuses, many bordering on absurdities, to call on the High Court and later the appellate courts to set aside an arbitral award published by an Arbitrator. Some of these cosmetic conspiracies were resolved in the twin appeals before the Court of Appeal in Zamtrac Management & City Investment Ltd v. Hajiya Halima Babangida (CA/ABJ/CV/226/2022 & CA/ABJ/CV/494/2022, respectively).2
BRIEF FACTS OF THE CASE LEADING TO THE APPEALS
By a Property Development Agreement, the parties agreed to mutually beneficial terms contained in the said agreement. The contract was for the development of six (6) units of five-bedroom (5) terrace structures on the Respondent’s land. The Appellant, amongst other things defaulted in meeting up with the contractually agreed duration of construction and unilaterally extended the time for delivery of the houses to the Respondent. Despite its own extension, the Appellant still failed to meet its own newly set deadlines. The Respondent therefore, by a notice, terminated the contract.
Further aggrieved by the breach of contract, the Respondent commenced an action at the High Court of the Federal Capital Territory, Abuja sitting at Kubwa, against the Appellant – the Developer. The FCT High Court, sitting in Kubwa, referred parties to arbitration, and the Appellant participated in the arbitral proceedings. Upon the conclusion of arbitral proceedings, an award was published in favour of the Respondent. Consequently, upon the publication of the award, in compliance with the rules of the lower court as well as the Arbitration Rules, the Respondent filed a motion on notice before the High Court of the FCT sitting in Kubwa, which referred the matter to arbitration, to commence recognition and enforcement of the Final Award.
The Appellant (Zamtrac) served with the application, and in response to the application for enforcement of the award, the Appellant filed a counter affidavit/written address thereto on 10th March, 2021. However, despite the pendency of these proceedings, the Appellant in the same breadth also proceeded to file an Originating Motion with a new suit number at FCT High Court, sitting in Gudu, Abuja, before another Judge purportedly seeking to set aside the award of the Arbitrator AND staying the proceedings of the High Court in Kubwa.
Expectedly, the Respondent objected to the procedure adopted by the Appellant in filing a new suit but the Appellant insisted that the procedure was appropriate.
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The application for enforcement and recognition of arbitral award before the FCT High Court in Kubwa therefore proceeded to hearing4 and the court delivered a considered ruling recognizing and enforcing the arbitral award against the appellant.
The Appellant’s new suit (originating motion) before the FCT High Court sitting in Gudu was also heard on its merits and eventually declared an abuse of court process in view of the pendency of the proceedings to the knowledge of the Appellant, about the existence of those proceedings.
It is against these two rulings of the FCT High Court that the Appellant appealed to the court of appeal seeking to set aside the recognition and enforcement of the award of arbitrator in CA/ABJ/226/2022 and the ruling dismissing its originating application to set aside the award in CA/ABJ/494/2022, as abuse of court process.
ARGUMENTS AT THE COURT OF APPEAL
In respect of the its new suit that was dismissed on the ground of being an abuse of court process, the Appellant argued, quite correctly, that it is trite that where a legislation has prescribed a particular means of doing a thing, that mode and no other is acceptable in law.
It further relied on the provisions of section 29 and 30 of the Arbitration and Conciliation Act, 1988 and other judicial authorities5 to submit that to enforce an arbitral award, an originating motion ought to be filed, instead of a motion on notice. It therefore urged the Court of Appeal to set aside the decision of the trial court as being flawed.
The Respondent on the other hand contended that the procedure for the enforcement and/or setting aside of an award is clear. She relied on the provisions of sections 29 and 30 of ACA as well as Order 43 Rules 1 (1) and (2) of the High Court of the Federal Capital Territory (Civil Procedure) Rules, 2018 which provides for the mode of bringing an application before the FCT High Court.
Specifically, it was argued that the rules of FCT High Court provides for manner of application for setting aside an award. Order 43 Rule 5
(1) of the Rules provides as follows:
“(1) Every motion on notice to set aside, remit or enforce an arbitral award shall state in general terms the grounds of the application and where any such motion is based on evidence by affidavit, a copy of the affidavit intended to be used shall be served with the notice of motion.”
(Underlining ours for emphasis)
Faced with these submissions, the Court of Appeal had to determine the intendment of the law makers as well as the drafters of the rules of court regarding the appropriate manner of commencing proceedings to either enforce or set aside an arbitral award; whether it is by an originating motion or by a motion on notice.
RESOLUTION OF THE COURT
The Court, in a unanimous decision delivered by H.A. BARKA, PJCA, held at pages 8-13 of the judgment as follows:
“In the resolution of this issue, it is my humble view that the area in dispute is indeed very narrow, being that the dispute flows from whether by the intendment of sections 29 and 30, of the Arbitration and Conciliation Act, an application for the enforcement of an arbitral award can only be commenced by way of an originating summons as against a motion on notice. For proper appreciation of the two sections, I reproduce the contents of the two provisions thusly…. From a holistic understanding of the cited sections of the law, it is evident that the submissions of the learned Appellant’s counsel cannot be sustained. In the recent decision of the Apex Court in A.G. bayelsa
- Odele (2025) 4 NWLR (Pt. 1982) 385, relying on its earlier decision in Nitel Ltd v. Okeke (2017) 9 NWLR (Pt.1571) 439 the fact that arbitration proceedings are sui generis was emphasized. An arbitral award is regarded as a final and conclusive judgment on all matters referred and the courts are enjoined as far as possible to uphold and enforce arbitral awards owing to the fact that it is a mode of dispute resolution voluntarily agreed by the parties. The method for the initiation of an application is governed by the rules of court, and as rightly argued by the learned counsel for the Respondent, the provisions of order 43 Rule 1 (1) and (2) of the High court of the Federal Capital Territory (Civil Procedure) Rules, 2018…. Furthermore, specifically providing for an application to set aside an Arbitral award, the manner of bringing the application to the court was stated in Order 43 Rule 5 (1) of the Rules as follows…. The learned counsel for the Appellant’s insistence that the application ought to have been made by way of an originating motion is clearly indefensible and unsustainable… I fail to see any iota of merit in this appeal, and accordingly dismiss the same.”
Her Ladyship, E. S. Nyesom-Wike, JCA, in her contribution to the lead judgment, held at page 4 thereof thus:
“For the records, Order 43 Rule 5 (1) of the High Court of the Federal capital Territory (Civil Procedure) Rules, 2018 provides that enforcement of award or application to set aside has to be by motion on notice. This method and no other, is allowed. Therefore the Appellant has relied on authorities unfavourable to it.
It should be noted that had there been no pending suit and the Respondent commenced his enforcement of the arbitral award by motion on notice, that motion on notice, whether designated as “Originating Motion” or not, remains an originating motion. Originating motion is just a motion that originates a proceeding or commences a suit. Whether the person commencing the suit adds “Originating” or not, does not make it less of an originating motion. What I am trying to say is that the word “originating” ahead of the motion on notice or even motion ex parte is only to indicate that it is an originating process and not just a mere motion. However, a motion is a motion. In the same vein, had there been no pending suit or enforcement proceeding for the award, any motion on notice to set aside the award, would be an originating motion, whether designated “motion on notice” or “originating motion”. Whatever be the case, there is no law that states that to set aside, it has to be done by a fresh action. Issue one of the Appellant, completely lacks merit.”
From the above holding of the Court of Appeal, it is without doubt that the Court has taken the view that going by the express provisions of the rules of the FCT High Court, a motion on notice is the appropriate mode of enforcement or setting aside an arbitral award. Mutandi mutantis, the trite position that where the law has prescribed a means of doing a thing, that means and no other is acceptable; applies. It is worth noting that the obiter of Nyesome-Wike JCA seeks to deepen the jurisprudence when her Ladyship stated what ought to be the position in situations that are not exactly on all fours with the instant case. The learned justice’s declaration that “a motion is a motion” though may be wrongly construed as conflicting with her previous position that the mode recognized by law to set aside an award is by a motion on notice; it is indeed illustrative of other situations when a suit may not be pending and a party wants to challenge such award. Filing a Motion on Notice, even if it is not christened “Originating Motion on Notice” will suffice.
CONCLUSION
It is therefore safe to conclude that as it relates to the making of an application for the enforcement of an arbitral award, the acceptable mode is by a motion on notice.6 Ditto, for an application to set aside an arbitral award. This, in the writer’s respectful view, is among the procedural challenges to the enforcement of arbitral awards that ought to be restricted by legislation. Otherwise, for as long as seemingly ridiculous arguments as these are allowed in relations to enforcement of arbitral award proceedings, it defeats the entire essence of the arbitration which seeks to provide a more time/cost-efficient means of resolving parties’ disputes.6 This position will apply to arbitral awards sought to be enforced/set aside in the Federal Capital Territory, Abuja Nigeria or any state that has provisions in pari materia in their respective State High Court Rules. In any case, like the appellate court had stated in this case, a motion is a motion. It is the circumstance upon which the party is filing a “motion” that will be used to determine whether it is “originating’ or not.
References
1.Abdulkabir Badmos, a legal practitioner writes from Abuja, Nigeria. He can be reached on aabadmos08@gmail.com or on X (formerly Twitter) at @MrBadmos_
2. In this piece, the writer examines some of these legal issues and the recent resolution of the court on the appropriate mode of setting aside an arbitral award.
3 Stating the specific judicial division(s) in this piece is important given that issues of abuse judicial process was the crux of Appeal No.: CA/ABJ/CV/494/2022.
4 It is worthy of note that the Appellant’s counsel failed to adopt his processes in this suit on the ground that he does not have his client’s instructions to do so. The application was therefore largely unchallenged.
5 KSUDB v. Fanz Const. Co. LTd (1990) 4 NWLR (Pt.142) 1.
6 This position will apply to arbitral awards sought to be enforced/set aside in the Federal Capital Territory, Abuja Nigeria or any state that has provisions in pari materia in their respective State High Court Rules. In any case, like the appellate court had stated in this case, a motion is a motion. It is the circumstance upon which the party is filing a “motion” that will be used to determine whether it is “originating’ or not.
Abdulkabir A. Badmos, Esq.
Legal practitioner writes from Abuja, Nigeria. aabadmos08@gmail.com
Tweets on X (formerly Twitter) at @MrBadmos_
18th August, 2025.
by Legalnaija | Aug 9, 2025 | Blawg
Dear Barristers and Solicitors of the Federal Republic,
You’ve been drafting, defending, and decoding legalese all week. Now it’s time to drop the wig, hang the gown, and enter soft life mode. Because even the Constitution didn’t say you must suffer!
Here’s your weekend brief—no citations required:
Sleep Like NEPA Took Light and You Don’t Care
No court sittings. No “urgent” WhatsApp. Just you, your fan (or AC if God has buttered your bread), and uninterrupted sleep. If you wake up and it’s afternoon—case closed.
Chop Life—Literally
Amala and gbegiri? Jollof that slaps harder than a cross-examination? Eat like you just won a landmark case—even if all you did was survive Third Mainland traffic.
Put Your Phone on Airplane Mode (Even If You’re Not Flying)
Your inbox will be fine. That client who thinks Saturday is for legal advice? Tell them you’re observing constitutional rest.
Do Something That Has Zero Legal Relevance
Watch Nollywood. Dance to Asake. Paint something wild. The goal is joy, not billable hours.
Be a Couch SAN (Senior Advocate of Netflix)
Laugh till your belly hurts. Bonus points if you do it in your wrapper or boxers with chilled zobo in hand.
Rest no be laziness o—it’s strategy.
So this weekend, forget “Your Lordship” and embrace “Your Lounge-ship.” Monday will come, but for now, na soft life dey reign.
by Legalnaija | Aug 7, 2025 | Uncategorized
Leading international law experts have called for increased integration of women in the development and implementation of clean energy transition policies and programs to achieve a just and inclusive transition agenda that leaves no one behind.
This recommendation was made at an online workshop organized by the Committee on Women, International Law, and Development of the International Law Association Nigeria (ILA Nigeria). Themed, ‘Energy for All: Bridging Gender Gaps in the Green Transition,’ the event also marked the official launch of the Journal of Sustainable Development Law and Policy special issue on ‘Gender Justice and Energy Transition in the Global South.’ The special issue, edited by the Committee Chair, Dr. Pedi Obani, and Committee member, Dr. Adenike Akinsemolu offers new theoretical and empirical insights on the intersections of gender and energy justice.
Moderated by Committee Vice Chair Barrister Titilope Akosa, the event featured leading international experts including the President of ILA Nigeria, Professor Damilola Olawuyi, SAN; the immediate past Director-General of the National Council on Climate Change Secretariat, Dr. Nkiruka Maduekwe; and the Head of the Renewable Energy Unit at First City Monument Bank (FCMB), Ms. Chinma George. The webinar also featured presentations by Dr. Opeyemi Gbadegesin, Dr. Eduardo Pereira, and Dr. Hilary Okoeguale, who authored papers for the special issue.
Committee Chair, Dr. Pedi Obani, who is also an Associate Professor of Law at the University of Bradford in welcoming participants emphasised that, “In Nigeria, as in much of the Global South, women are not only disproportionately affected by energy poverty and environmental degradation – they are also powerful agents of change driving sustainable solutions. Yet, structural and institutional barriers continue to limit their participation access to resources and decision-making power.”
In his keynote address, Professor Damilola Olawuyi, SAN, who is also an Independent Expert on the United Nations Working Group on Business and Human Rights, lamented the pervasive lack of women in leadership roles in the energy sector, which is at risk of being replicated in clean energy transition programs. Calling for the equitable distribution of the benefits and burdens of development policies, the Learned Silk stated that, ‘There is a clear and urgent need to mainstream a gender perspective in clean energy transition programs and policies.’ He identified five dimensions of justice for a gender-aware energy transition: cosmopolitan justice, procedural justice, reparative justice, social justice, and distributive justice. According to him, realizing these justice imperatives requires providing tailored opportunities for women to access the necessary financing, technologies, training and education needed for them to play active and leading roles in developing and commercializing green innovation and eco-entrepreneurial ventures. Professor Olawuyi stressed that achieving these goals demands innovative, gender-aware and equitable laws and policies.
In the second keynote, Dr. Nkiruka Maduekwe discussed the uneven impacts of the climate crisis on women and the underuse of women’s knowledge, leadership, and expertise in the energy sector. She pointed out that, ‘Despite the fact that women bear the brunt of energy poverty, we account for over 70% of off-grid energy users. We lack access to affordable energy.’ Dr. Maduekwe also noted the scarcity of women’s stories in climate-related reporting, despite their producing most wood fuel and being the primary managers of energy in households. She proposed solutions such as increasing girls’ and women’s exposure to STEM education, introducing a gender lens to legal and policy frameworks, and promoting gender-informed storytelling. She also called for public participation in Nigeria’s ongoing efforts to develop its third Nationally Determined Contribution under the Paris Agreement.
Guest speaker Ms. Chinma George highlighted gender gaps in the current transition framework, focusing on women’s experiences with energy poverty and their limited opportunities for employment and leadership in energy. She underlined FCMB’s role in addressing these issues by empowering women through access to finance – like zero-interest loans – promoting green products, improving financial literacy, and fostering public-private partnerships.
The presentations by authors of papers in the special issue reinforced discussions about the gender gaps in current transition programs across the Global South, including in Nigeria and Brazil, and proposed solutions through training policymakers on gender analysis, providing seed grants for women’s climate research, disaggregated data collection, and equitable constitutional design processes. Dr. Pedi Obani also highlighted the Committee’s ongoing projects geared at driving gender inclusion in critical sectors, such as energy, water, sanitation, and hygiene, and other areas. She called for collaboration towards building policies and systems that advance women’s rights and holistically cater to of all segments of society.
ILA Nigeria is a branch of the International Law Association, which was founded in Brussels in 1873. The Nigerian Branch of the ILA regularly hosts innovative lectures, seminars, conferences, and other capacity development programs to advance the study and understanding of international law in Nigeria. Its committees, such as the Committee on Women, International Law and Development, serve as its focal points for contributing to research, capacity development, and dialogue around key thematic areas of international law. To learn more about ILA Nigeria, its activities, and events, visit http://www.ilanigeria.org.ng
by Legalnaija | Aug 7, 2025 | Blawg
To enhance the abilities of Chief Executive Officers and leaders of public and private institutions to effectively apply international law in boosting win-win trade, investment and development opportunities, the Nigerian Institute of Advanced Legal Studies (NIALS), in partnership with the International Law Association invites applications for its new Senior Executive Course in International Law and Sustainable Development.
This two part course will be held in Abuja and Abu Dhabi, United Arab Emirates.
Key Program Features
In-depth legal and policy instruction using primary sources and case law
Strategic capstone project and international negotiation simulations
Access to the 7th ASSELLMU Conference on Environmental Law in the Digital Age
One-on-one executive coaching and 360° leadership assessment
Distinguished guest faculty and policy practitioners
Optional financial literacy course
Alumni networking and post-program mentorship
Register here:
https://studies.ila-nigeria.org.ng/the-senior-executive-course-in-international-law-and-sustainable-development/
by Legalnaija | Jul 24, 2025 | Blawg
On 23rd September 2023, Suella Braverman, The Home Secretary of The United Kingdom made a speech regarding illegal immigration at the Conservative conference in Manchester, England. She asserted that uncontrolled and illegal migration is an “existential challenge for the political and cultural institutions of the West”.[1] The Home Secretary added “uncontrolled immigration, inadequate integration, and a misguided dogma of multiculturalism have proven a toxic combination for Europe over the last few decades.”[2] Mrs. Braverman’s speech was met with resounding uproar from NGOs, campaigners, politicians and human rights groups who viewed the Home Secretary’s statement as a nod to stop immigrants from coming to the UK’s borders by any means necessary.
As the topic states, illegal immigration is a global phenomenon and a big issue for a lot of so-called “developed countries”. There are millions of illegal immigrants across the globe. Since the start of the 21st century, the numbers of displaced people has increased from 38 million to nearly 86 million.[3] According to the U.S. Department of Homeland Security, there are approximately 10.5 million illegal immigrants living in the United States.[4]According to the British Broadcasting Corporation (BBC), there may have been between 800,000 and 1.2 million illegal migrants living in the UK in 2017.[5] All these statistics indicate that illegal migration across the globe has doubled since 2000. This article shall define what illegal immigration means, the reasons for illegal immigration and its impact on the world at large.
According to the Cambridge dictionary, an illegal immigrant is someone who lives or works in another country when they do not have the legal right to do so.[6] An illegal immigrant is often classified as an undocumented immigrant. Illegal immigration, on the other hand, is the arrival of people from one country into another country without entering via legal methods.[7] What this means is that people who migrate to another country without legal documents are illegal immigrants.
There are several reasons for illegal immigration such as poverty, overpopulation, wars, natural disasters, deprivation of citizenship, family reunification and asylum. The primary reason for illegal immigration is due to wars. Conflict in any country leads to displacement of people. As a result of this, many people seek safety in another country via asylum. There are many examples of this such as the recent Russian-Ukrainian war where millions of Ukrainians have fled to neighboring countries such as Russia, Poland, Moldova and Romania. According to the United Nations, more than five million Ukrainian refugees have left for neighbouring countries, while seven million Ukrainians are presumed to be displaced within Ukraine itself.[8] The war between Israel and Hamas had led to the evacuation of thousands of Palestinians to neighboring countries such as Egypt, Lebanon and Jordan.
Poverty is the secondary reason for illegal immigration. Millions of people emigrate illegally for economic reasons. In my country Nigeria, for example, thousands of people have illegally migrated to Europe via the Sahara in search of greener pastures due to poor mismanagement of the economy. Thousands of Venezuelans are crossing the border to Colombia due to economic uncertainty at home. Overpopulation is another reason for illegal migration. When the population growth of a country outstrips the carrying capacity of area, it leads to overpopulation. Human population explosions can lead to issues such as lack of water, pollution and poverty. These problems may cause people to flee their country of origin to foreign countries through illegal means. A classic example of this is the mass emigration of Mexicans to the U.S. Mexico, with a population of over 120 million people, is very densely populated, has a weak and unstable economy and is a haven for drug cartels. China and India are the most populous countries in the world and as such, have the largest diaspora in the world.
There is also something called “population size imbalance”. This occurs when the population of a region/continent continues to outstrip that of a neighboring continent/region. For example, whereas the populations of Latin America and the Caribbean and North America where about the same size in 1950, today the population of Latin America is nearly double that of Northern America and is projected to remain so for a while.[9]
Natural disaster is one of the factors encouraging illegal immigration. Millions of people around the globe have been displace due to weather related (natural disaster) issues such as flooding, earthquakes, storms, wildfires and extreme heat. The UNHCR (United Nations Human Rights Commission) has estimated that an annual average of nearly 22 million people have been forcibly driven from their homeland by natural disasters.[10] Deprivation of citizenship is another reason for illegal immigration. Ethnic groups that have been stripped of citizenship by the state end up being stateless. As such, they don’t have the necessary legal documents to migrate to other countries and end up becoming illegal immigrants. A good example of this is the Rohingya muslims. The military junta of Myanmar (Burma) stripped the Rohingya of their Burma citizenship, classing them as illegal immigrants and rendering them stateless.
The issue of family reunification is also another catalyst for illegal immigration. Many illegal immigrants desire to live with relatives who already reside in a country that they (the illegals) are not allowed to enter, such as a spouse of other family members. There are many people who overstay the terms set out in their visas in the jurisdiction they are in with no intention of going back to their home countries. They are called visa overstayers. A lot of these people arrive with a visiting visa and end up staying in the destined country after their visas expire. For example, during the Summer Olympics in Australia in 2000, many athletes from different corners of the globe overstayed their visa.
Impact of Illegal Immigration
The impact of illegal immigration across the globe could either be positive or negative depending on one’s perspective. The impacts of illegal immigration are as follows:
- A strain on a country’s Public Facilities
Illegal immigration causes a strain on a many countries public facilities as the “illegals” utilize public services such as health facilities, public schools, transportation and public housing without paying taxes.
- Loss of jobs for citizens of destination country:
Several governments see illegal immigrants as a threat to their citizens when it comes to the job market. Illegal immigrants are willing to work for lower pay in contrast to the local population. For example, illegal Mexican laborers are willing to do dirty jobs such as gardening, cotton picking and trash collecting at a cheaper rate than American citizens. The same goes with Eastern European immigrants in the United Kingdom.
- Injury and Illness:
The pursuit of employment is a primary reason for illegal international migration. Ac recent statistics from the U.S. Census Bureau affirms that undocumented immigrants in the United States often work in dangerous industries such as agriculture and construction. Another study suggests that the complex web of consequences resulting from illegal immigration status limits illegal workers’ ability to stay safe at work. Apart from the physical dangers that illegal immigrants are exposed to at work, the choice to move across borders in search of employment entails work-related lifestyle factors that affect the physical, social and mental well-being of immigrants and their loved ones.[11]
- Rise in Criminal and Terrorist Activities:
One of the problems with illegal immigration is that a good number of illegals are involved in criminal activities. Illegal immigration brings about both good and bad eggs to any society. There are numerous examples of illegal immigrants committing crimes in their host country. For example, the rise of illegal immigration in Sweden and Denmark led to the increase in criminal related activities such as rape and assault.
- Death:
Another effect of illegal immigration is the increasing death rate of illegal immigrants attempting to make it to their preferred destination. Every year, many African illegal immigrants die trying to get into Europe by boat from North Africa. Smugglers make empty promises of “safe passage” to Europe but only a few survive that journey.
- Sexual Exploitation:
An unfortunate trend with illegal immigration is the sexual exploitation of illegal immigrants otherwise known as sex trafficking. Sex trafficking encompasses the range of activities involved when a trafficker deploys a variety of methods such as force or coercion to compel another person to engage in a commercial sex act.[12]In 2016, it is estimated that nearly four million adults and one million minors were forced into sexual labor.[13]This number would have doubled since then due to higher levels of unemployment as a result of the COVID-19 pandemic and the Russian-Ukrainian war.
Conclusion
Illegal immigration is a global issue that affects many countries across the globe. The recent economic downturn has led to the rise of right-wing populist parties across Europe. Many countries are tightening their borders making illegal immigration very difficult. Despite this, illegal immigration continues to increase due to high unemployment figures in the global south, wars (such as the civil war in South Sudan and the Russian-Ukrainian war) and globalization. These figures will continue to rise until the economic disparity between the developed north and the poor south is closed.
BIBLIOGRAPHY
[1] https://news.sky.com/story/home-secretary-suella-braverman-calls-for-reform-of-global-asylum-system-in-us-speech-12970458
[2] https://news.sky.com/story/home-secretary-suella-braverman-calls-for-reform-of-global-asylum-system-in-us-speech-12970458
[3] https://www.globalissues.org/news/2022/12/01/32550
[4] https://news.gallup.com/businessjournal/24448/Real-Impact-Illegal-Immigration.aspx
[5] https://www.bbc.co.uk/news/uk-50420307
[6] https://dictionary.cambridge.org/dictionary/english/illegal-immigrant
[7] https://www.sciencedirect.com/topics/social-sciences/illegal-immigration
[8] https://www.bbc.com/news/world-60555472.
[9] https://www.globalissues.org/news/2021/10/27/29174
[10] https://www.glo78balissues.org/news/2022/12/01/32550
[11] https://eartheclipse.com/environment/issue/causes-effects-illegal-immigration.html
[12] https://www.state.gov/humantrafficking-about-human-trafficking/
[13] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10113716/
Photo: cato.org
by Legalnaija | Jul 20, 2025 | Uncategorized
Franchise law is a relatively niche area of law in Nigeria. It is not as common as other areas of law in Nigeria. Franchising is a commercial aspect of law. Many law students would be familiar with the word ‘franchise’ from commercial law and contract law. Nigeria does not have a specific Franchise legislation like such countries as Brazil [Brazilian Franchise Law (Law No. 8955 of December 15, 1994)], Australia [Trade Practices (Industry Codes-Franchising)] or China [Measures for the Administration of Commercial Franchise)(2005)].[1] In this article, we shall discuss franchise law and franchise related laws in Nigeria.
What is a franchise? According to the International Franchise Association, a franchise is “the agreement or license between two legally independent parties which gives a person or a group of people (franchisee) the right to market a product or service using the trademark or trade name of another business (franchisor)”.[2] In layman terms, a franchise is a contract between two parties where one party (franchisee) agrees to market a product of another party (franchisor) in return for financial remuneration.
Franchise law on the other hand, is the law regulating the offer or sale of Franchises, business opportunities, seller-assisted marketing plans or similar relationships, or governing the relationships between franchisors and franchisees, manufactures and dealers, or grantors and distributors, including those laws that address unfair practices related to, or the non-renewal or transfer of, franchises, dealerships and distributorships.[3]What this means is that franchise law is a law that governs the relationships between a party who agrees to market/distribute a product (franchisee) on the behalf of the other (franchisor).
As was previously stated, Nigeria does not have a specific law in regards to franchising. However, just because there is no franchise specific law does not mean that franchising as a whole is not regulated in Nigeria. There are numerous laws in Nigeria that influence franchising in the country. Franchising is comprised of the following list of laws: Company Law, Intellectual Property Law, Tax Law, Labor Law, and Employment Law.[4]In scenarios where the franchisor is a foreign entity, other areas of law apply such as Immigration Law, Foreign Investment Law, Foreign Exchange Law and Money Laundering Law.
We shall now analyze the following statutes that have impacted franchising in Nigeria:
- The Trademark Act 1965 (Cap 436, Laws of the Federation of Nigeria 199). This deals with Trademarks, which is an aspect of Intellectual Property Law. As previously stated, intellectual property law is an element of franchising.
- The Patents & Design Act 1970 (Cap 344, Laws of the Federation of Nigeria 1990); This Act makes provisions for the proprietorship of Patents and Designs in Nigeria.[5] The 1970 Act is not franchise specific but has elements of franchising as a result of patents and designs.
- The Copyright Act 1988 (Cap 68, Laws of the Federation of Nigeria 1990); This piece of legislation is concerned with the ownership of copyrights in Nigeria. It is not a franchise-specific legislation but copyright is under intellectual property law which is an element of franchising. Section 3 of the Act talks about copyright by reference to country of origin. What this means is that any copyright that is published or made in Nigeria shall make reference to the country of origin of the copyright itself. Section 4A grants a company established under the laws of a country that is a party to an obligation to a treaty or other international agreement to which Nigeria is a party the right to own its copyright in Nigeria.[6]
- National Office of Technology Acquisition and Promotion (NOTAP) Act No. 70 of 1979 (Cap 268 Laws of the Federation of Nigeria 1990). This Act regulates the transfer of foreign technology to Nigeria. A franchise arrangement is regarded as involving the transfer of technology and as such is regulated by the provisions of the NOTAP Act. It should be noted that NOTAP is not the regulatory act for franchising in Nigeria. Section 4(d) and (e) of the NOTAP Act grants NOTAP the power to register franchise agreements involving franchisors. The section goes further to state that the agreement shall be registered if in the opinion of NOTAP, it involves the use of trademarks, the right to use patented inventions, the supply of technical expertise in the form of the preparation of plans, diagrams, operating manuals or any other form of technical assistance of any description whatsoever, the provision of operating staff or managerial assistance and the training of personnel etc.
- The Nigerian Investment Promotion Commission Act (Decree No. 16 of 1995). The NIPC Act is responsible for registering foreign investments in Nigeria, as well as liaising between investors and government.
- The Immigration Act 2015 (Cap. 171 Laws of the Federation of Nigeria 1990). This statute regulates the movements of persons entering or leaving Nigeria. This statute provides that any company with non-nationals must obtain a business permit in order to carry on business in Nigeria. Section 36(1) (b) of the Act states that any immigrant who wishes to conduct any business in Nigeria must obtain the consent of the Nigerian Minister of Interior in writing.[7]
- The Immigration Regulations 2017; Like the Immigration Act 2015, this act stipulates that any company with non-nationals must obtain a business permit in order to conduct any business in Nigeria. Section 4(1) of the Act asserts that for a foreign company to establish a business in Nigeria, it must first of all obtain a business permit from the Minister of Interior otherwise known as the “Minister”.[8] This is not franchise specific but it could be said that for a franchisor to set up a franchise in Nigeria it would need to obtain a business permit from the Minister of Interior.
- The Companies and Allied Matters Act 2020. This act deals with the registration and exemptions of foreign companies in Nigeria. Any foreign entity that intends to set up a business in Nigeria must incorporate a local company for that purpose. Section 78 of the Act asserts that any foreign company that intends to carry out business in Nigeria shall take all necessary steps to incorporate the company as a separate entity in Nigeria and until such act is achieved, cannot conduct business in Nigeria.[9]
Agencies that Regulate Franchising in Nigeria
In many jurisdictions, thee are special agencies that regulate franchising and implement franchise-specific laws and regulations. However, in Nigeria, there is no specific-designated franchise agency. What you have are agencies that regulate elements of franchising such as:
- The Registrar of Trademarks, Patents and Industrial Design, Federal Ministry of Commerce;
- The Nigerian Copyright Commission which is under the Ministry of Culture;
- The National Office for Technology Acquisition and Promotion;
- Nigerian Investment Promotion Commission and
- The Corporate Affairs Commission.
Conclusion
Nigeria does not have a franchise-specific legislation. However, as previously mention, many laws in Nigeria affect franchising agreements directly and indirectly. Does Nigeria need a franchise-specific legislation? Sure it does. As Nigeria seeks to attract foreign investment into its jurisdiction, there will be a need to regulate the activities of foreign companies in the country in order to protect local businesses (franchisees).
BIBLIOGRAPHY
LIST OF STATUTES
- Copyright Act (Cap. 68, Laws of the Federation of Nigeria, 1990 as amended by the Copyright Amendment Decree No. 98 of 1992 and the Copyright (Amendment) Decree 1999).
- Companies and Allied Matters Act, 2020.
- Immigration Act, 2015.
- Immigration Regulation, 2017.
- Nigerian Investment Promotions and Commissions Act,
LIST OF WEBSITES
Babatunde Denton is an associate of The City Law Associates. He was called to the Nigerian Bar in 2016 and specializes in immigration law, commercial law and intellectual property law. His contact address is Suite 3, 18 King George V Street, Onikan, Lagos. Email address is denton@citylaw.ng.
[1] http://www.nigerianfranchise.org/images/NiFA_Newsletter_03_05_14.pdf
[2] https://archive.businessday.ng/professional-services/article/franchising-law-in-nigeria/#:~:text=Nigeria%20does%20not%20have%20a%20franchise-specific%20legislation.%20In,Disclosure%20Act%20of%202006%29%20that%20have%20franchise-specific%20laws.
[3] https://www.lawinsider.com/dictionary/franchise-law
[4] https://archive.businessday.ng/professional-services/article/franchising-law-in-nigeria/#:~:text=Nigeria%20does%20not%20have%20a%20franchise-specific%20legislation.%20In,Disclosure%20Act%20of%202006%29%20that%20have%20franchise-specific%20laws.
[5] http://www.commonlii.org/ng/legis/num_act/pada195/
[6] Copyright Act (Cap. 68, Laws of the Federation of Nigeria, 1990 as amended by the Copyright Amendment Decree No. 98 of 1992 and the Copyright (Amendment) Decree 1999).
[7] Section 36 (1)(b) of The Immigration Act 2015, Laws of the Federation of Nigeria.
[8] Section 4 (1) of The Immigration Regulations, 2017
[9] Section 78 (1) of the Companies And Allied Matters Act, 2020.
