by Legalnaija | Jun 19, 2024 | Blawg
Dear Lawyers,
The #NBAAGC2024 is almost here and we are looking forward to another amazing gathering of the largest Bar in Africa. So don’t miss out on the Early Bird Registration for the 2024 NBA Annual General Conference!
Time is Ticking – Only 11 Days Left!
Key Details:
Event Date: August 23-28, 2024
Location: Tafawa Balewa Square, Lagos
Early Bird Deadline: June 30, 2024
Why Register Early?
Save Money: Take advantage of discounted rates before prices go up.
Secure Your Spot: Guarantee your attendance at the most anticipated legal event of the year.
Network with Peers: Connect with top legal minds and expand your professional network.
Special Note for Young Lawyers:
Don’t forget, your early bird registration ends on July 31, 2024. Act fast to secure your discounted rate!
How to Register:
Head over to [www.nigerianbar.org.ng/conference](http://www.nigerianbar.org.ng/conference) and complete your registration today.
Hurry up, the clock is ticking!
Let’s press forward together for a brighter future in the legal profession. See you there!
Remember, no time to waste!
<span;>#nbaconference2024 #pressingforward
by Legalnaija | Jun 15, 2024 | Blawg
The Nigerian Bar Association Section on Business Law (NBA-SBL) recently hosted a press conference on Thursday the 13th of June, 2024, providing a detailed overview of the much-anticipated 18th Annual International Business Law Conference, which also marks the organization’s 20th anniversary.
The annual conference, themed “Survive and THRIVE,” is set to take place from June 26 to June 28, 2024, at the Abuja Continental Hotel at the Federal Capital Territory, Abuja, Nigeria. The press conference highlighted the key features and agenda of the upcoming event, which promises to be a wholesome experience for all attendees.
Speaking at the press conference, Dr. Adeoye Adefulu, Chairman of NBA-SBL, noted that the theme was chosen to capture the mood of the country and the economy.
He said, “Our 18th annual conference is quite different from what we used to have in the past. We see that there is a significant economic challenge in the business space, affecting our businesses, our clients, and our homes.
According to him, the SBL is doing something different this year, as it’s not just going to be all talks.
He further added “We have an art exhibition and a section on mental health, and one of the plenary sessions will address capital markets, agriculture, technology and innovations, and sports betting, discussing gambling regulations and social responsibility.”
Chairman of the Planning Committee, Mr. Ose Okpepu, said the NBA-SBL was intentional in choosing the theme and the speakers for the conference. He expressed his enthusiasm for the event: “We are excited for this year’s conference as it is set to provide invaluable insights, and strategies for legal professionals, young and old, to navigate today’s evolving economic landscape.”
Key Highlights of the Conference:
● Panel Discussions
● Keynote Speeches from the former Governor of the Central Bank of Nigeria and the newly reinstated Emir of Kano, Sanusi Lamido
● LAWYERS’ GOT TALENT
● Law Dinner
Conference Details:
● Date: June 26-28, 2024
● Venue: Abuja Continental, Federal Capital Territory, Abuja, Nigeria
● Theme: Survive and THRIVE
The NBA-SBL is committed to delivering a conference that not only addresses current challenges but also equips participants with the knowledge and tools needed to foster resilience and success in the legal profession.
For more information please visit… https://conference.nbasbl.org.
You can also check out the NBA-SBL website at www.nbasbl.org or contact the Conference Secretariat at info@nbasbl.org for further inquiries. Also follow us on all social media platforms to stay updated. Please visit NBA-SBL on Instagram – @nbasbl and Twitter – @nbasblofficial.
by Legalnaija | Jun 13, 2024 | Blawg
Are you interested in winning cash prizes at the #NBAAGC2024 Games?
Join the Excitement at the NBA 2024 Annual General Conference Sports Events!
Get ready to showcase your athletic prowess and competitive spirit at the 2024 Annual General Conference of the Nigerian Bar Association.
This year’s conference promises not only intellectual stimulation but also an array of thrilling sports activities designed to foster camaraderie and healthy competition.
Sports Activities Include:
Football
Table Tennis
Swimming
Wheelchair Table Tennis
Chess
Scrabble
Prizes to be won:
FOOTBALL PRIZE MONEY (MALE & FEMALE CATEGORIES)
1st Prize – N2,000,000
2nd Prize – N1,500,000
3rd Prize – N1,000,000
*TABLE TENNIS, WHEELCHAIR TABLE TENNIS & SWIMMING*
200,000.OO 1st Prize
150,000.OO 2nd Prize
100,000.OO 3rd Prize
*CHESS & SCRABBLE*
N150,000.OO – 1st Prize
N100,000.OO -2nd Prize
N75,000.OO -3rd Prize
Registration opens at: www.nigerianbar.org.ng/conference or send an email to agcpcsports@nigerianbar.org.ng.
Registration Timeline: Wednesday, 12th June 2024 to Friday, 12th July 2024
For enquiries, please contact: Tony Atata, Chair, NBA AGC 2004 Sports Sub-committee: *08032163006*
Olujimi Olujide-Poko: *07065455869*
Do not miss out on this fantastic opportunity to engage with fellow lawyers outside the courtroom and enjoy a memorable conference experience filled with sportsmanship and networking. You can register for the 2024 Annual General Conference here: https://www.nigerianbar.org.ng/conference](http://www.nigerianbar.org.ng/conference)
Stay connected and follow us for updates:
Twitter: @nbaconferenceNG
Instagram: @nbaconference2024
Hashtags: #nbaconference2024 #PressingForward
by Legalnaija | Jun 13, 2024 | Blawg
WELCOME TO THE 2024 LAW WEEK OF THE NBA LAGOS BRANCH
Esteemed Colleagues and Legal Practitioners,
I welcome you to our highly anticipated Law Week, an event meticulously crafted to offer unparalleled insights and opportunities for professional growth. This year’s theme, “ChartingNew Legal Frontiers: Practice of Law in Nigeria, Cross-Border Alliances & Partnerships,” reflects our commitment to exploring the ever-evolving landscape of legal practice with precision and purpose. Picture this, not just as an ordinary gathering, but as a crucible of ideas where seasoned professionals and aspiring legal minds converge to engage in meaningful discourse.
Through insightful debates and thought-provoking discussions led by our carefully selected lineup of
speakers, panellists, and moderators, we aim to shed light on the most pressing challengesandexciting opportunities facing our profession today and tomorrow. Of particular interest will be the riveting discussion on the future of the Nigerian Bar Association. This presents a unique opportunity for us to scrutinize visions and actively participate inshapingthe future of our esteemed association.
In addition, it will be the platform for engagements between the bar and interests bench on matters of mutual interest and concern.
Moreover, our meticulously curated sessions covering essential topics such as legal technology, alternative dispute resolution, and international law are designed to armyou with practical
strategies and insights to navigate the complexities of modern legal practice successfully.
We have also put together social events for lawyers and their families to look forward to, sowecankick back and relax, as well as build stronger networks among ourselves and families.
I am confident that the Lagos Law Week will not only inspire but also empower us all to reach new heights of excellence in our respective fields.
Your presence and contributions will
undoubtedly enrich the event, and I eagerly anticipate welcoming you all.
Warm regards,
Olabisi Makanjuola
Chairman
Nigerian Bar Association, Lagos Branch
by Legalnaija | Jun 13, 2024 | Uncategorized
It is with profound honor and a deep sense of privilege that I welcome you to NBA Lagos Annual Law Week 2024. In this distinguished gathering, we are united in our commitment to confront and navigate the significant transformations our profession faces, particularly as we adapt to the global shifts in legal practice.
This year’s Law Week theme, “Charting New Legal Frontiers: Practice of Law in Nigeria, Cross-Border Alliances & Partnerships,” reflects our collective ambition to forge new paths in the practice of law. We are navigating an era where global partnerships and cross-border collaborations are not just beneficial; they are imperative for success and sustainability. As we explore these frontiers, we aim to adapt and thrive in a landscape marked by rapid changes and increased connectivity.
Throughout the week, our sessions are designed to tackle various facets of our theme comprehensively. We will delve into strategies for expanding Nigerian legal practices into new markets, mastering the challenges of maintaining dual qualifications, and effectively utilizing technological advancements such as AI and blockchain. Additionally, we address pressing concerns such as the brain drain and the urgent need for talent retention within our legal community. These discussions aim not only to provide us with the knowledge to explore current trends but also prepare us for emerging opportunities and challenges. Each session is crafted to enhance our understanding and equip us with the tools to lead in the global legal arena, manage complex international transactions, and foster resilient partnerships that ensure that we remain at the forefront of legal innovation and excellence.
It is my distinct pleasure to specially acknowledge our keynote speaker, Mr. Segun Osuntokun, the Global leading partner in Bryan Cave Leighton Paisner, one of the foremost global law firms.
I also want to extend my heartfelt gratitude to our panelists, moderators, and debaters, whose invaluable contributions will be pivotal to the success of this week. Each of you will bring depth, expertise, and diverse perspectives that will enrich our discussions and expand our horizons. Your willingness to share your knowledge and engage in meaningful dialogue will enhance the quality of our sessions and inspire us all to strive for excellence in our practices.
We will be marking Nigeria’s Democracy Day within this eventful week, and a democracy walk will be held to remind us of the important role that our profession plays in nurturing and safeguarding the tenets of democracy. The Democracy Walk will be held alongside a series of community-focused events that highlight our commitment to societal betterness. These include a Charity Visit to Island Maternity and a Charity & Legal Clinic at Ikoyi prison—activities that not only exemplify our profession’s role in advocacy but also ground us in the everyday realities that shape our legal frameworks.
The Bar and Bench Forum is a cornerstone of this week’s activities and will serve as a vital platform for open dialogue between the judiciary and the legal profession. This forum will play a critical role in bridging gaps and promoting a more cohesive approach to justice and advocacy.
A special highlight of our week is the New Wigs Induction, a venerable tradition of the NBA Lagos Law Week. This ceremony is a significant rite of passage for our newest members and a celebration of their entry into the legal profession. It is an opportunity for us to welcome fresh talent and for them to imbibe the ethos and responsibilities of the noble path they have chosen.
Amidst the intellectual rigor of our sessions, we have also curated moments for relaxation and celebration, which are crucial for our personal and professional well-being. The Honourable Chief Judge’s Cocktail, the Red Carpet Law Week Theme Party, and the Elders’ Night for senior members of the Bar offer splendid opportunities for us to unwind and forge deeper connections with our peers in more informal settings.
The week will culminate in a spirited Novelty Football match and a Family Fun Day, a day for our members to unwind with their loved all ones, because we believe that ‘all work and no play’ should never be our motto.
I would like to extend a heartfelt vote of thanks to Mr. Olabisi Makanjuola, chair of our branch, and his executive committee for their visionary leadership and steadfast dedication to innovation. I also wish to pay tribute to the members of our planning committee, whose sacrifices and hard work have been the backbone of this event’s success. Your dedication and commitment are what make this law week possible, and for that, we are immensely grateful.
Our sponsors also deserve our gratitude for their generous support. Their commitment has enabled us to create a week filled with valuable learning and networking opportunities.
Lastly, I sincerely thank all of you, our delegates, for attending. Your presence enriches our discussions, your insights enhance our learning, and your commitment to our profession inspires all of us.
Thank you for joining us. Welcome to what promises to be not only an informative but also an inspiring and transformative week.
Mrs. Folashade Alli (SAN)
Monday, 10th Of June, 2024
by Legalnaija | Jun 12, 2024 | Blawg
Introduction
The Land Use Act is a fundamental piece of legislation that regulates the ownership and use of land in Nigeria. Enacted in 1978, the Act was designed to address the issues of land ownership and the need for a unified system for managing land resources in the country. However, despite its importance, many property owners in Nigeria are not aware of the key provisions of the Act, and this can lead to disputes and legal complications.
In this blog post, we will provide an overview of the Land Use Act and its key provisions, and explore the practical implications of the Act for property owners in Nigeria.
Background and Context of the Land Use Act
The Land Use Act was enacted to address the problem of dual land ownership, which was a result of the colonial system of land administration in Nigeria. Before the enactment of the Act, land ownership was governed by customary law, and the government had limited powers to acquire land for public purposes. This created a situation where multiple land owners could claim ownership of the same piece of land.
The Land Use Act was designed to streamline the system of land ownership and to create a unified system for managing land resources in Nigeria. The main objectives of the Act include the creation of a system for obtaining and transferring land titles, the establishment of a framework for land use planning and development, and the provision of compensation for land acquisition.
Key Provisions of the Land Use Act
The Land Use Act contains several key provisions that are important for property owners in Nigeria. Some of the key provisions include:
- Vesting of all land in the government: The Act vests all land in the government, which means that the government is the ultimate owner of all land in Nigeria. This provision has significant implications for property owners, as it means that they do not have absolute ownership of their land.
- Rights of Occupancy: Under the Act, property owners are granted a right of occupancy, which is a leasehold interest in the land. This means that property owners have the right to use and occupy the land for a specified period of time, subject to the terms and conditions of the lease.
- Procedures for obtaining and transferring land titles: The Act sets out the procedures for obtaining and transferring land titles, which must be done through the appropriate government agency. This process can be complex and time-consuming, and property owners are advised to seek legal advice to ensure that their interests are protected.
- Compensation for land acquisition: The Act provides for compensation for property owners whose land is acquired by the government for public purposes. The compensation must be fair and just, and property owners have the right to challenge the amount of compensation in court.
Implications of the Land Use Act for Property Owners in Nigeria
The Land Use Act has several practical implications for property owners in Nigeria. Some of the key implications include:
- Need for valid land titles: Property owners must ensure that they have valid land titles, as failure to do so can result in disputes and legal complications.
- Role of government agencies: Property owners must be aware of the role of government agencies in managing land resources in Nigeria, and must comply with the regulations and guidelines set out by these agencies.
- Importance of legal advice: Property owners are advised to seek legal advice to ensure that their interests are protected and that they comply with the relevant laws and regulations.
- Challenges and opportunities: The Land Use Act presents both challenges and opportunities for property owners in Nigeria. On one hand, it provides a framework for obtaining and transferring land titles, and offers compensation for land acquisition. On the other hand, it limits the rights of property owners and vests all land in the government.
Conclusion
The Land Use Act is a fundamental piece of legislation that regulates the ownership and use of land in Nigeria. Property owners must be aware.
Thejubileelegal is powered by The Jubilee Chambers, 5 Udotung Ubo Street, Uyo, Nigeria
Tel/whatsapp: +234 708 424 1826
Email:info@thejubileelegal.com
website: www.thejubileelegal.com
link: https://thejubileelegal.com/2023/04/09/understanding-the-land-use-act-key-provisions-and-implications-for-property-owners-in-nigeria/
by Legalnaija | Jun 10, 2024 | Uncategorized
Overview:
In the case of Tolulope Aderemi v. Kenya Airways LTD, the Honourable Court addressed a passenger’s claim against Kenya Airways Ltd. for a significant flight delay. The plaintiff, Mr. Tolulope Aderemi, sought compensation for the inconvenience and untold hardship he incurred due to the wanton delay of flight KQ535D from Lagos, Nigeria to London through Nairobi initially scheduled for Saturday, 3rd of August, 2019. The Court held that the Defendant’s summary cancellation, wanton delay of journey and inexplicable failure to communicate the rescheduling amounted to negligence. Also that the Defendant’s failure to notify the Claimant of the flight cancaellation amounted to a breach of contract by air. The Court also awarded the sum of $5,180 to the Claimant.
Facts
Mr. Tolulope Aderemi was scheduled to fly from Lagos, Nigeria to London through Nairobi on Saturday, the 3rd of August, 2019. The flight, operated by Kenya Airways LTD, was delayed to Sunday, the 4th of August, 2019. Mr. Tolulope Aderemi claimed that the failure of the airline to provide prompt and adequate communication of the delay amounted to negligence and also occasioned untold hardship and inconvenience to him.
Mr. Tolulope Aderemi instituted an action before the Honourable Justice Faji, sitting at the Federal High Court, Ikoyi, Lagos, seeking compensation under the Montreal Convention and the Nigerian Civil and Aviation Act, which governs international air travel and provides for passenger rights in cases of delays, cancellations, and other disruptions. Upon hearing the arguments of parties, the Honourable Court dismissed reliefs number 4 and 5 claimed by the Plaintiff and in the same vein, awarded the sum of $5,180.00 (Five Thousand One Hundred and Eighty Dollars) in favour of the Plaintiff.
Reliefs claimed by the Plaintiff
The reliefs clamed against the Defendant were as follows;
- A DECLARATION that the summary flight cancellation, wanton delay of journey, inexplicable failure of the Defendant to promptly communicate the rescheduling of flight KQ535D from Saturday, the 3rd of August 2019, to Sunday, the 4th of August, 2019; the flight from Lagos, Nigeria to London through Nairobi amounts to negligence.
- A DECLARATION that the failure of the Defendant to notify the Plaintiff and his agent of the alleged cancellation/rescheduling of flight KQ535D from Saturday, the 3rd of August, 2019, to Sunday, the 4th of August, 2019 amounts to breach of contract by air.
- A DECLARATION that the Defendant was negligent in handling the summary flight cancellation, wanton delay of journey and failure to notify the Plaintiff of the rescheduling of flight KQ535D from Saturday, the 3rd of August 2019, to Sunday, the 4th of August, 2019.
- A DECLARATION that the Defendant’s failure to airlift the Plaintiff’s passenger luggage on the return flight from London to Nairobi with the attendant inconvenience and untold hardship foisted on the Plaintiff amounts to negligence.
- A DECLARATION that the Defendant’s failure to airlift the Plaintiff’s passenger luggage on the return flight from London to Nairobi with the attendant inconvenience and untold hardship foisted on the Plaintiff amounts to breach of contract of carriage by air.
- The sum of $5,180.00 (Five Thousand One Hundred and Eighty Dollars) representing the Defendant’s liability under the Montreal Convention for the delay in airlifting the Plaintiff and rescheduling of flight KQ535D from Saturday, the 3rd of August 2019, to Sunday, the 4th of August, 2019.
- General damages in the sum of N50,000,000 (Fifty Million Naira) being compensation for anguish , psychological trauma and mental distress occasioned by the summary cancellation and or rescheduling of Flight KQ535D from Saturday, the 3rd of August 2019, to Sunday, the 4th of August, 2019 and subsequent delay/failure to airlift the Plaintiff’s Passenger luggage on the return flight from London to Nairobi.
Rationale of the Court
The Honourable court after considering the arguments of both parties formulated two issues for legal determination to wit;
- Whether in view of the state of the parties’ pleadings, the evidence led and all surrounding facts and circumstances of this case, the Plaintiff has made out a case of Breach of contract of carriage by air and willful misconduct?
- If issue 1 is answered in the affirmative, whether the Plaintiff is entitled to the reliefs sought?
The court went further stating that the Plaintiff’s claim is two-fold to wit;
- Cancelation/delay of his flight from Lagos to Nairobi
- Delay in delivering his checked-in luggage on his return from London through Nairobi to Lagos.
The Honourable court in addressing the issues of parties, rightly identified thus;
“I think it is fairly common ground that the instant suit involves an International Carriage by Air (Colonies, Protectorate & Trust Territories) Order, 1953 which became operational on the 1st of January, 1954.The MontrealConvention was ratified by Nigeria and domesticated by virtue of the Civil Aviation Act (CAA) of 2006. Even though there is a new Civil Aviation Act of No. 30 of 2022 which came into force on the 16th of August, 2022, the applicable law to this suit is CAA 2006 which was the law in force when the cause of action arose in 2019.”
In view of the provisions of Article 19 of the Montreal Convention the court stated that there is no liability if the carrier can show that it took all measures that could reasonably be required to avoid the damage or that it was impossible for it to take said measures.
In light of the above, the court identified that Kenya Airways Ltd gave no explanation whatsoever for the delay. In the wordings of the court;
“There is no evidence of steps taken by the carrier to avoid the delay. There is no reference whatsoever to the reasons for the delay a fortiori an explanation of same or an indication of steps taken by the carrier to prevent the delay. It is also not in dispute that the carrier has a duty to notify the passenger in the event of a delay in flight. Much has been said about this.”
This ultimately led the court to find the Defendant’s conduct to be willful and consequently deprives it of the limitation protection in article 22 (1) (2) of the Montreal Convention. In a similar vein, the Honourable court opined thus;
“I find the totality of the of the defendant’s conduct on this score to be willful. It therefore seems to me that the conduct of the defendant herein deprives it of the limitation protection in Article 22 of the Montreal Convention and at the same time falls squarely within Article 22 (5) of the Montreal Convention as the failure to communicate the delay and the attendant failure to explain the delay on the particular day was done with intent to cause damage”
So in essence, the failure of the Defendant to communicate the delay, explain the delay and show the necessary steps it took to prevent said delay, would lead the court to invariably construe that said delay was done with intent to cause damage. In the wordings of the Honourable Court;
“In the instant case, the combination of the failure to notify the Plaintiff or his agent of the delay in the flight as well as the failure to explain why the delay and the steps taken to prevent same from happening show a willfulness on the part of the defendant to cause damage to the Plaintiff.”
The rationale of the court as pointed out in the above is particularly instructive as in the instant case, the Plaintiff claimed an amount in line with the limitation clause in Article 22 of the Montreal Convention. It goes without saying that Mr. Tolulope Aderemi would have been entitled to more than the $5,180.00 (Five Thousand One Hundred and Eighty Dollars) he claimed. According to the Honourable court, “the Plaintiff however claims a sum which he contends is the limitation figure. I cannot therefore give more than the plaintiff has claimed.”
With regards to the second half of the Plaintiffs claim, the Honourable court in identifying whether there was indeed a delay in delivering the plaintiff’s checked-in luggage, stated that the answer to said question is contained in Article 17(3) Montreal Convention.
Said Convention provides;
If the carrier admits the loss of a checked baggage or if the checked baggage has not arrived at the expiration of the twenty-one days after the date which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.
The court interpreting the above provision stated that;
“It is not in issue that the checked in luggage arrived within 21 days of the date it was supposed to arrive. It is only if it does not so arrive that the passenger is entitled to enforce the provisions of the Montreal Convention on delay in delivering the checked-in luggage.”
Following the above, the court held that the claim for delay in delivery of Plaintiffs checked in luggage is not actionable as the luggage was delivered per the requirements of the law.
Implications
This judgment undoubtedly underscores the obligations of airlines under the Montreal Convention, particularly regarding delayed flights. The court’s decision has several implications which include:
- Liability for Delays: The Honourable court’s decision makes clear that airlines cannot evade liability for delays caused to passengers without showing that it took reasonable measures to prevent said delay.The decision of the court also emphasizes the airline’s duty of care towards its passengers.
In the wordings of the Honourable court;
“the defendant did not only breach the contract of carriage to carry the Plaintiff on the 3rd of August 2019 but also took no measures to prevent the delay or at best failed to show what steps it took to avoid the delay. It also failed to notify the plaintiff of the change in advance of the flight. That seems to be negligence. That is also akin to willful misconduct, a term which must be view of the peculiar circumstances of the case. In the instant case, the combination of the failure to notify the Plaintiff or his agent of the delay in the flight as well as the failure to explain why the delay and the steps taken to prevent same from happening show a willfulness on the part of the defendant to cause damage to the Plaintiff.”
The foregoing implies that when an airline is unable to discharge its burden of proof and show that it not only notified the passenger of the impending delay but that it also took certain steps to avoid the delay. The court would infer awillfulnesson the part of the airline to cause damage to the passenger.
Such inference implies that the airline would be unable to plead the limitation clause contained in Article 22(1)(2) of the Montreal Convention and would rather be liable under the provisions of Article 25 of the Montreal Convention.
- Passenger Rights: The judgment also reinforces passengers’ rights to seek compensation for significant delays, particularly when airlines fail to fulfill their duty of care. This includes the right to receive timely information, assistance, and compensation for damages and any inconvenience.
- Obligations of airlines: The judgment illustrates the obligations of airlines under the Aviation laws to provide adequate care and communication during delays. This case serves as a precedent, encouraging airlines to adopt more robust contingency plans and ensure compliance with passenger rights regulations.
- A party cannot benefit from its wrongdoing: The Honourable court in the instant case also reaffirms the equitable principle of Ex turpi causa non oritur actio. In the wordings of the Honourable court, “It seems strange to me that a party would rely on the inadequacy of its system in justifying its wrongdoing.”
- Double compensation: the refusal of the Honourable court in the instant suit to award both claims of $5,180.00 (Five Thousand One Hundred and Eighty Dollars) and N50,000,000 (Fifty Million Naira) by the Plaintiff, reaffirms the rule against double compensation as succinctly held in the case of British Airways v. Atoyebi (2014) LPELR-23120(SC).
Conclusion:
The instant suit is a pivotal case reinforcing the protections afforded to passengers under the Montreal Convention. The judgment serves as a reminder to airlines of their obligations to notify passengers of delays and take such steps to avoid such delays. As flight delays and disruptions remain a common issue in air travel in Nigeria, this case may influence future litigation and encourage airlines to adopt a more passenger-friendly approach.
The decision of the court in favor of the Plaintiff sets a meaningful precedent, ensuring that passengers have recourse and that airlines in Nigeria are held accountable for service failures. This decision will likely prompt airlines to review and enhance their contingency plans and communication strategies to avoid similar liabilities in the future.
by Legalnaija | Jun 5, 2024 | Uncategorized
The Nigerian Bar Association, Section on Business Law (NBA-SBL), is pleased to announce sponsorship opportunities for young lawyers to attend this year’s Annual International Business Law Conference. Following the success of last year’s initiative, NBA-SBL is once again offering this sponsorship opportunity to support the professional development of young legal practitioners and provide them with access to valuable learning and networking opportunities.
Eligibility Criteria:
- You must be a young lawyer with 0-3 years of post-call experience
- You must not be more than 25 years of age
- You must have paid your 2024 Bar Practicing Fees (BPF) and NBA-SBL dues
If you meet the above criteria, you are eligible to apply for sponsorship to attend this year’s Annual Conference, scheduled to take place from June 26th to 28th, 2024, at the Abuja Continental Hotel, Federal Capital Territory, Lagos.
“We are excited to bring back this sponsorship opportunity for young lawyers,” said Ose Okpeku, Chairman of the NBA-SBL Conference Planning Committee. “It is part of our commitment to support the next generation of legal professionals and provide them with access to resources that will contribute to their professional growth and success.”
To stay informed about the selection process, trivia questions, and other updates regarding the sponsorship opportunity, kindly follow the NBA-SBL on social media platforms:
– Twitter: @nbasblofficial
– Instagram: – @nbasbl
Interested candidates are advised to keep an eye on these platforms for further information on how to apply for sponsorship and stay updated on conference-related news and announcements.
For more information about the conference, sponsorship opportunities, and registration details, please visit https://conference.nbasbl.org. Please visit the NBA-SBL website at www.nbasbl.org or contact the Conference Secretariat at info@nbasbl.org for additional information.
by Legalnaija | Jun 3, 2024 | Blawg
The National Assembly is established under Section 4 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered). It is vested with the Legislative powers of the Federal Republic of Nigeria, and it shall have power to make laws for the peace, order and good governance of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part 1 of the Second Schedule of the Constitution.
Some of the items in this List, under the Second Schedule, Part 1, include: Arms, Aviation, Currency, Drugs and Poisons, Mines and Minerals, Passports and Visas, Posts, Telegraphs and Telephones, Prisons, Railways, Ammunition and Explosives, Bankruptcy, Banks, Citizenship, Copyright, Patents and Trade Marks, Creation of States, Customs and Excise Duties, Defence and Military, Immigration, Insurance, Labour, Trade or Business Names, Powers of the National Assembly and the Privileges and Immunities of its Members, Regulation of Political Parties. We shall revisit this again, but my dear reader, please pause here and search for “National Anthem” in the Constitution.
For a moment, let us set some background for context. Over the past week, Nigerians have been discussing the National Anthem Act, 2024. An “Act to Provide for the National Anthem of Nigeria, and for Matters Related,” which was passed by the National Assembly and Assented to by the President on 29th May, 2024. For clarification purposes, I am not writing against the National Anthem Act, 2024. I am only challenging the legislative power and processes that brought it about.
At the chambers of the House of Representatives, the law maker who sponsored the Bill remarked, “I have taken time to look at the old anthem and the new, and as a Nigerian who has been involved in the struggle to make Nigeria a better place … I believe that the old anthem, encompasses, contains, exudes the kind of energy, resourcefulness, and a sense of vision that I believe is good for Nigeria,”. In a rethought, a minority lawmaker reportedly asked “While it is our function to make laws, but for every law there must be a spirit to it. If we are asked, what is the essence of this law. What value will it add to us as a nation?
Nevertheless, it is equally reported that President Bola Tinubu had in the past advocated the adoption of the old National Anthem in place of the current anthem. He is quoted to have said “Abandoning the post-independence anthem, which arguably evoked a strong spirit of patriotism and brotherliness, to compose a very drab replacement, is far less inspirational,” at a function in 2011. Perhaps, it is now apparent the work on reintroducing the National Anthem “Nigeria We Hail Thee” was accelerated, and aimed at satisfying the wishes of the President, using it to celebrate his first year in office. So, the speculation that the 10th National Assembly is at the President’s beck and call is materializing?
The paragraph above could be the answer to why there was no due diligence, no adherence to laydown legislative processes, and lack of proper scrutiny in the passage and assent to the law. This is happening at a time when the President, the Vice-President and the Chief of Staff to the President have legislative experiences. One is concerned that the Honourable Attorney General of the Federation who is supposed to guide the federal government in this regard has acquiesced without paying attention to the obvious Constitutional breach and its far-reaching implications.
For something that is meant to be a national symbol, why the urgency? No nationwide consultation to galvanize national consciousness? No public hearing! For the 10th National Assembly that prefers to call itself “the Peoples Parliament”, not minding the misnomer and the inappropriate usage of parliament, why sidestep the people concerned at this crucial episode in history?
The Act makes it mandatory for the anthem to be recited at some of the following events: Opening and closing ceremonies of Federal Executive Council, and State Executives Council meetings. Opening and closing of sittings of Legislative Houses in Nigeria, Constitutional oath-swearing ceremonies, Flag-raising ceremonies, Major celebrations, major award ceremonies, major commemorative ceremonies, national memorial ceremonies and the like, which are organized by MDAs, Major diplomatic activities, Major sporting events, Other occasions as may from time to time, be determined by the minister responsible for education with the consent of the president. Furthermore, clause four forbids the alteration of the lyrics of the anthem.
It is declared under clause 4 that “The Performance and singing of the national anthem shall follow the lyrics prescribed by the Federal Government of Nigeria,”. It equally mandates that “the Ministry responsible for information shall organise the review and approval of the standard for performance of the national anthem and record the official recording of the national anthem to be played. These are not new to Nigerians! It appears we now have a National Assembly that wants to collectively give a literary display of the meaning of the expression playing to the gallery. But the gallery is not amusing at all this time!
Now, let me re-emphasis the import of the title to this piece. The National Assembly lacks the Constitutional power to legislate on the National Anthem of Nigeria. I hope by now my dear reader has thoroughly searched through the Second Schedule, Part 1, the Exclusive Legislative List. Did you see “National Anthem” in the list? Is there any item, any other wording near “Anthem” in meaning? Such is not provided for in the Constitution. Should it be seen as a Constitutional lacuna, is it not correct that an alteration of the Constitution would be required in the first instance before any such power to so act is exercised? In effect, there is no other place from where the National Assembly could have drawn power to enact the National Anthem Act 2024. You cannot give what you don’t have, and you cannot lay something on nothing and expect it to stand!
From the foregoing it is safe to say the National Anthem Act, 2024 is unconstitutional, simply because the constitution has not provided for it. However, section 24 (a) of the Constitution states “It shall be the duty of every citizen to – (a) abide by this Constitution, respect its ideals and its institutions, the National Flag, the National Anthem, the National Pledge, and legitimate authorities. I stressed the phrase “National Anthem” because that is the only place one could find such in the entire document containing the Constitution. It is a duty imposed on the citizens, but there is no provision on how the anthem may be issued.
Assuming the National Assembly is vested with the power to act here, it breached its legislative processes in doing so. Already, some citizens have declared opposition to the reintroduced anthem. A group known as the Association of Legislative Drafting and Advocacy Practitioners, (ALDRAP) has indicated interest in approaching to Federal High Court to challenge the Act, citing among others, that “The expenditures associated with the National Anthem Act, 2024 (which was done on 29th May 2024 and on other dates) were not captured in the Budget of the Federal Republic of Nigeria Act, 2024 (as can be attested to by the Accountant-General of the Federation) and therefore the said National Anthem Act, 2024, should be declared illegal.” It added that going by Supreme Court decision in Attorney-General of Bendel State vs. Attorney-General of the Federation (1981) “any law that fails to comply with each stage of the legislative procedures of law-making as prescribed under the 1999 Nigerian Constitution, would be declared null and void and of no effect.”
I hereby submit that it is not the duty of the National Assembly to make any law on the National Anthem. The right thing to do now is that the federal government should consult the records of history on how the previous anthems were composed, adopted and used as the National Anthems. There is no record it was ever made through the Legislature, except in 2024!
*Chukwuma Cosmas Onyekwelu is the founder of Wunderbar Global Legal Practice. He is accessible on e-mail: conyekwelu@nigerianbar.ng, and on mobile: 08088626300.
by Legalnaija | Jun 3, 2024 | Blawg
The Partners of Duale, Ovia & Alex-Adedipe are pleased to announce the admission of Omowunmi Sanni into the Firm’s Partnership. Omowunmi will head the Corporate Secretarial and Governance Practice, with effect from June 3rd, 2024.
Omowunmi Sanni brings about 2 decades of extensive legal experience to DOA. Before joining DOA, she served as the Managing Director of Chris Ogunbanjo Nominees Limited, a part of Chris Ogunbanjo LP, where she led the Company Secretarial and Corporate Governance unit since January 2018. In this role, she was pivotal in driving strategic initiatives and enhancing governance frameworks, showcasing her proficiency in managing complex legal matters.
Her career also includes a notable period of almost a decade at Babalakin & Co., and Head of Legal and Corporate Services at Origin Tech Group Nigeria, where she formulated and executed comprehensive legal strategies to ensure meticulous compliance with corporate governance standards.
Duale, Ovia & Alex-Adedipe continues to stand out as a leading law firm in Nigeria, offering innovative and client-focused legal services across various sectors. The firm’s dedication to integrity, responsiveness, and excellence remains at the forefront of its operations, ensuring that clients receive top-tier legal support tailored to their business needs. (more…)
