Dele Adesina, SAN Quotes on Leadership 

Dele Adesina, SAN Quotes on Leadership 

“Times such as this require honest, purposeful and focused leadership with relevant and verifiable experience and record of past successful services to the Profession and to the Association with the requisite character, competence and capacity to galvanize our members both leaders and followers, old and young, in order to reconstruct our profession. The time has come when we all, most particularly you the leaders of tomorrow, must resolve to produce leaders who will be driven by the passion to serve the Bar and better the standard of living of its Members. Beyond politics and politricks is the welfare and wellbeing of our Members and the survival of the Profession.”

Culled from Dele Adesina SAN’s Goodwill Message To The Young Lawyers Forum (Y.L.F) Ilorin Branch, on the occasion of their Annual Bar Dinner which held on 7th December, 2019

DELE ADESINA SAN: A dedicated Bar Man with commitment and passion.

DELE ADESINA SAN: A dedicated Bar Man with commitment and passion.

The Body of Senior Advocates of Nigeria (BOSAN) held its two in one programme, the ANNUAL BOSAN DINNER and the MAIDEN BOSAN SCHOLARSHIP AWARD on the 30th of November 2019 at Continental Hotel, Victoria Island, Lagos. While Chief Felix Fagbohungbe SAN is the Chairman of Bosan Fund Utilisation Committee, Dcn Dele Adesina SAN is the Chairman of Bosan Scholarship award Sub-Committee. 
In the photograph above is Chief Felix Fagbohungbe SAN in white agbada. Next to him on his right is Hon Justice Coker of the High Court of Lagos State and Mr and Mrs Dele Adesina. On the left hand of the Chairman is Prof and Mrs Fabian Ajogwu SAN and Prof Yemisi Bamigbose SAN of University of lbadan. 
The 1st photograph is Dcn Dele Adesina SAN Chairman of the BOSAN Scholarship Sub Committee  presenting the Body of Senior Advocate of Nigeria Scholars at the well attended dinner.
The 3rd photograph above is of the other members of the Scholarship Sub Committee, Mr Lanre Onadeko SAN former Director General of the Nigerian Law School. Prof Yemisi Bamigbose SAN of University of lbadan, Prof Atsenuwa, Dean Faculty if Law, University of Lagos.  Prof Essien Essien SAN,  Vice Chancellor,  University of Uyo and Prof Fabian Ajogwu SAN together with the maiden Awardees holding their highly coveted prizes.
Each of the 5 awardees went home with the Scholarship prize of five hundred thousand ( #500,000.00) Naira
The Legal Duty of Employers to Protect Employees from Workplace Injuries in Nigeria | Michael Dugeri

The Legal Duty of Employers to Protect Employees from Workplace Injuries in Nigeria | Michael Dugeri

Introduction
In Nigeria, the law requires all employers
to take responsibility for preventing workplace injury and disease. As a
result, employers must take every precaution reasonable in the circumstances
for the protection of their workers. This usually entails the maintenance
of a healthy and safe work environment; provision of hazard information, proper
safety equipment, training and competent supervision.

Brief facts
In the case of Henry
Ihebereme v. Hartland Nigeria Limited
, (Unreported Suit No.
NICN/ABJ/172/2018, the judgment of which was delivered 23 January 2020) the
Claimant
sued
his former employer to demand compensation for the sum of N250 Million as
“compensation for the permanent loss of the use of his hand, for pain and
suffering, and for loss of enjoyment of life”. The Claimant had been employed
as a bricklayer, with responsibilities, which included moulding of concrete slabs
and their removal from the point of moulding to the point of the site where it
is needed and such related tasks as the foreman may direct. While at work the
Claimant was injured by a forklift that was being operated by his co-employee,
leading to the loss of his arm. Specifically, the Claimant suffered ‘multiple
fractures of the 2nd, 3rd and 4th middle phalanges of the left hand’. He was
first treated at a medical facility at the instance of the Defendant.

The
Defendant, however, contended that the Claimant was injured when he negligently
climbed the forklift, without authorization. The Defendant also contended that it
offered medical treatment to the Claimant, but that the Claimant deliberately
refused, neglected and failed to proceed for further medical treatment instead
insisted on collecting Ten Million Naira as compensation from the Defendant.
The law
In
its judgment, the National Industrial Court examined the merits of the
Claimant’s case against the Defendant, which was based on the tort of negligence.
The Court pointed out that duty, breach, causation, and damage are the elements
which together make up a successful negligence claim. By these requirements,
the tort of negligence relies on the blameworthy nature of the defendant’s
conduct for success. In other words, for a claimant to succeed in a negligence
action, he must prove that the defendant was in fact negligent, that is, he
failed to take that degree of care which is reasonable in all circumstances of
the case or he failed to act as a reasonable man would have acted. Then if the
defendant owes a duty of care, his negligence becomes breach of that duty. The
resultant damage on the claimant would then be actionable. Even here, there is
still the possibility that the claimant may not recover (or only partly
recover) against the defendant given the limiting/control devices of remoteness
of damage, contributory negligence and voluntary assumption of risk. In other
words, a defendant may owe a duty of care, may breach that duty of care, for which
the claimant suffers resultant damage, and yet not be liable or be only partly
liable if the damage is too remote, or the claimant contributed to the injury
or the claimant voluntarily assumed the risk in issue.

The
Court in this case had no difficult coming to the conclusion that the Defendant
owed the Claimant a duty of care given the proximate relationship between the
two, and the fact that the claimant was injured in the course of working for
the Defendant, indicated that there was a breach of the duty of care, and
resultant damage. The English case of Smith & ors
(FC) v. The Ministry of Defence (2013)
LPELR-17965(UKSC); Suit No
: [2013] UKSC 41, held thus: “An employer owes his employees a duty to take reasonable care to
provide safe equipment and a safe system of work, which includes assessing the
tasks to be undertaken, training in how to perform those tasks as safely as
possible, and supervision in performing them
”. This position is reinforced
by IITA v. Amrani,
(1994) 3 NWLR (Pt. 332) 296 which held that the standard of the master’s duty towards
his servant is to see that reasonable care is taken; the scope of that duty
extends to the provisions of safe fellow servants, safe equipment, safe place
of work and access to it and a safe system of work.

The
earlier authority of Western Nigeria Trading Co. Ltd v. Ajao
(1965) All NLR 524
(followed in recent cases like Ola Suleiman v. Hongzing Steel Company
Limited
unreported Suit No. NICN/LA/73/2011, the judgment of which was
delivered on 26th February 2015)
is
no less instructive: an employer’s duty at common law is not only to provide
goggles (safety equipment), but also to see to it that they are used. The case
of Green Pack Rubber Ind. Ltd v. Ossai
(2004) 2 FWLR (Pt. 194) 668, on its part stressed that when a statutory duty is imposed
on an employer but not also on the workman who is injured and there is breach
of that duty which is a cause of the accident to the workman, the employer will
be liable subject to an apportionment for contributory negligence. The case stated
further that the employer will be completely exonerated if the workman, having
been given appropriate equipment and instructions, disobeyed those instructions
or did some deliberate wrongful act which breaks the causal connection.

Employee duty to mitigate damage



In
the case of
Henry
Ihebereme v. Hartland Nigeria Limited
, which is under review, the Defendant acknowledged via correspondence that the Claimant
was its sailor, and in the normal course of his duties, was injured when the
wire rope holding a snatch block broke and a block fell on him. The Court
therefore had no difficulty in concluding that the acknowledgment of negligence
on the part of the Defendant resulted in the injury that the Clamant suffered.

However,
in inadvertently admitting negligence, the Defendant contended that the Claimant
aggravated the state of his injury by discharging himself from the hospital
even when the hospital advised against this. To the defendant, the decision to
discharge himself and go to bone healers was completely that of the claimant
and his relations contrary to the advice of the hospital. The Claimant did not
contradict this piece of evidence. As a result, the Court found and held that it
was the duty of the Claimant to mitigate the damage; he cannot recover damages
for an aggravation or prolongation of his injuries which is due to his neglect
or willful default; such unreasonable conduct being novus actus interveniens.
(i.e,
an intervening unforeseeable event that occurs
after the defendant’s negligent act and operates to precipitate or worsen the
plaintiff’s loss).

The
Court made reference to two older case law authorities on the doctrine of novus
actus interveniens
. The first was the case of Ekwo v. Enechukwu
(1954) 14 WACA 512.
The plaintiff’s hand in this case was seriously injured as a result of the
negligent fixing of a seat belt in the defendant’s lorry. Immediately after the
accident, a servant of the defendant offered to take the plaintiff to a
hospital for medical attention, but the plaintiff refused, preferring instead
to consult a native doctor. Seven days later, the plaintiff did go to a
hospital, by which time the hand had become septic and gangrenous and so had to
be amputated. The doctor who attended to the plaintiff in the hospital
testified that the amputation was the result of the wound becoming septic, and
he was of the opinion that had the plaintiff come to the hospital immediately,
he might have been saved from amputation and the fracture would have been
cured. The Court held that the plaintiff did not act unreasonably in consulting
a native doctor instead of going immediately to a hospital.

The
second case is Mange v. Drurie
(1970) NNLR 62. Here, the Plaintiff was riding a bicycle when he was knocked
down and suffered injury to his leg as a result of the careless driving of a
lorry by the Defendant. He was immediately taken to the hospital by the Defendant.
However, before treatment was complete and against medical advice, the Plaintiff
discharged himself and did not return to the hospital for two days. During this
two-day period, the leg became infected and so had to be amputated. The Plaintiff’s
claim for damages for loss of the leg was rejected by the Court.

The
Court applied the cases of Ekwo v. Enechukwu and Mange v. Drurie in holding that the Claimant in the instant
case failed to mitigate his damage and could therefore not recover against the
Defendant for the aggravated injury
.

Conclusion

The law on employers’ liability for injuries that
occur to employees in the course of employment ensures that no employee who is
injured in the course of employment goes without compensation for the
injury.  It provides the employee with choice of legal regimes to utilize
for the purpose of seeking compensation.  An employee can either:

1.      Sue
his employer in negligence founded on the breach of the common law duty of
care;

2.      Sue
the employer where injury occurred due to a breach by the employer, of a
statutory duty, for example, as contemplated by the Factories Act. 

3.      When
the employer is not blameworthy in negligence, sue an occupier of premises for
negligence founded on Occupiers’ Liability.

4.      Sue
another employer for injury or loss sustained by an employee, which is caused
by the employer’s employee in the course of his employment; in which case the
liability is vicarious; 

5.      Seek
compensation under the Employees’ Compensation Act, for injuries which occurred
in the course of employment, either by accident or as a consequence of the
employment.

The choice is usually that of the Claimant’s. 
Each regime has its pre-conditions to be met before the Claimant can be
entitled to the claim.  Where the employee is unable to fulfil the
conditions, then he may lose a deserved compensation. 

Micheal Dugeri

NBA Ikeja Branch Unanimously Adopts Dele Adesina, SAN As Sole Candidate for the Office of the President, Nigerian Bar Association (OPNB)

NBA Ikeja Branch Unanimously Adopts Dele Adesina, SAN As Sole Candidate for the Office of the President, Nigerian Bar Association (OPNB)

Members of the NBA Ikeja Branch at the Branch Monthly Meeting on 2nd March, 2020, unanimously adopted the candidacy of Deacon Dele Adesina SAN as the sole candidate for the office of President of the Nigerian Bar Association (OPNB).

The motion was moved by a very senior member and Past Secretary of the Branch, Chief Richard Ahonaurogo and seconded by another Past Secretary of the Branch and Immediate Past National Welfare Secretary, Mr. Adesina Adegbite. The resolution was overwhelmingly carried with thunderous applause from members of the Branch. 

Prince Dele Oloke, the Chairman of the NBA Ikeja Branch delivered a message from Egbe Amofin O’odua which is the umbrella body of lawyers from Yoruba extraction. It can be recalled that on Saturday, December 14, 2019, Egbe Amofin picked Dcn Dele Adesina SAN out of five contestants as its official candidate for the President of the Nigerian Bar Association (NBA) in 2020. In making the choice, Egbe Amofin set up a committee to look at all candidates vying for the position and recommend one candidate that the Egbe will support and endorse for the election.

The committee which was chaired by Chief Akintola and comprised of all NBA Branch Chairmen in the South West in delivering its report stated that it set up certain yardsticks a candidate must possess to qualify. The yardsticks include that such a candidate must have a good and standard practice, must have leadership skills, must be a person who is receptive to the generality of members, must have experience in general law practice and must be exposed. Such candidate must also have played a significant role in the NBA as a professional body. He must also be a person of integrity without any corruption case against him. He must also have widespread appeal in other zones of the association. Chief Akintola said having considered all these, the committee then voted and Dele Adesina SAN came out tops.

Prince Dele Oloke further stated that Chairmen of the Southwest zones have been given the mandate to impress it on their members that Dele Adesina, SAN is the only OPNBA endorsed candidate of the Southwest Zone. In the same spirit Chief Richard Ahonaruogho added that he is particularly happy about the choice of the branch to adopt Dele Adesina, SAN as the NBA presidential candidate.

Mr. Adesina Adegbite, a Past Secretary of the Branch and Immediate Past National Welfare Secretary also added that the mandate of Egbe Amofin endorsing Dele Adesina, SAN was unanimously done by the Forum and reaffirmed at the forum’s last meeting which held last month at the  Afe Babalola Bar Centre, Ibadan, Oyo state. 

The record achievements of Dele Adesina SAN within and outside the NBA also speaks for itself, as the Past General Secretary of the NBA, he facilitated the creation of the various NBA Sections, passionately protected the rights of the NBA Members and led the way for the promotion of the welfare of lawyers. 

How much law goes into making a car

How much law goes into making a car

After Karl Benz built his first automobile in 1885 in Mannheim, millions of other cars have been built.
What may surprise an average car user is that apart from the engineering that goes into building a car, a lot of law also goes into it as well and below are just a few – 
1. Intellectual Property Law
Under IP laws, we have Trademarks & Patents, while the name of the Car is trademarked e.g. Toyota, Mercedes and Maybach. Some of the engineering features on the car would definitely be patented as well. 
2. Contracts & Agreements
In building a car, there are quite a number of components that are brought together to achieve the perfect automobile. Some of these contracts will includue employment agreements, partnership agreements, sales agreements & also distribution agreements. 
3. Government Regulations
In building a car, Manufacturers must ensure compliance with any and all relevant laws relevant to manufacturing a car. Government regulations in the automotive industry directly affects the way cars look, how their components are designed, the safety features that are included, and the overall performance of any given vehicle.

Learn & share
#cars #carmaking #nigerianlawyers
#Legalnaija #businesslawyers #automobile #mercedes

Friends of Dele Adesina SAN Respond to the Malicious Online Publication

Friends of Dele Adesina SAN Respond to the Malicious Online Publication

Our attention has been drawn to an online publication titled “RAMINBA CONDEMNS VOTE BUYING BY DELE ADESINA SAN”.

Again, we are extremely disappointed by this action of our “professional” colleagues spreading falsehood and blatant lies all in the hope of diminishing the candidature of our Dele Adesina SAN.

Suffice to say that our candidate as a core Democrat IS NOT AND WILL NEVER be involved in any vote buying or any act that would diminish  the democratic process.

The said text message did not emanate from Dele Adesina SAN, who is yet to set up his campaign committee or his Team of Friends, as we will not even address our  Deacon Dele *Adesina* SAN as Deacon Dele *Adeshina* SAN. We know how to spell his name. We believe that this is even a pointer to the actual originators of this mischief. Be that as it may, we shall investigate the origin of the said false and malicious sms and take appropriate action(s) thereon.

That said, we urge everyone to disregard the alleged publication which emanated from the annals of elements who from the outset had declared Dele Adesina SAN as an enemy. Their sole driving purpose is to cast aspersions on the reputation and candidature of our reverred Deacon Dele Adesina SAN, who has devoted and dedicated his life to the bettermemt of law practice and the NBA in particular. We are certain that their evil machinations shall not only fail, but they shall be exposed in due course.

Signed
Friends of Dele Adesina SAN

Dele Adesina SAN Quotes: Practice Tip for Young Lawyers

Dele Adesina SAN Quotes: Practice Tip for Young Lawyers

Quote from Dele Adesina SAN interview on DNL Legal & Style, Dec 11, 2019
“What is important in all these is the need for one to have a clear vision of what he wants to be in life and then how you want to get there. When it gets to living a purpose driven life, there should be no game of chance.
That is what I say to my junior members of the Bar like a song, either during our Friday meetings in the office or anytime I have the opportunity to speak at any young Lawyers’ forum. Most of the times, I used to tell them my personal story because I believe that “the secret of men is in their stories.”
The idea is not to blow any body’s trumpet. No. The idea is to let them know that if people like us can succeed with commitment and determination to the course that we believe in, you too can succeed even much faster than we did if you take the same step of single minded pursuit of your identified vision with all passion believing that your life depends on it.”
Dele Adesina SAN
DNL Legal & Style
Dec 11, 2019
Read full article  here. 
DELE ADESINA SAN’S VISIT TO PORT-HARCOURT – DAY TWO

DELE ADESINA SAN’S VISIT TO PORT-HARCOURT – DAY TWO

In continuation of his visit to Port-Harcourt, Deacon Dele Adesina SAN extended his consultative visit to Past Presidents and senior lawyers in Port-Harcourt and other Branches in Rivers State today. Very significantly, he had a robust interactive session with the very popular Group, the Integrity Group, a powerful and highly popular caucus within the Nigerian Bar Association (NBA) Port-Harcourt Branch. He commended the initiative behind the formation of the Group and its goals about advancing the ideal and ethical values of the Profession. He also recommended the initiative to other Branches of the Nigerian Bar Association.

Deacon Dele Adesina SAN also met and had a fruitful meeting with the leadership of the NBA Branches in Rivers State. He emphasised the need for Branch Leaders of the Association to take proactive steps to promote and defend the interest of the Association in particular and the Profession in general.

The day was rounded up with the get-to-know sit-out meeting with the members of Young Lawyers Forum in Rivers State. At the sit-out session, both the massive crowd of Young Lawyers and the SAN had a fruitful and insightful engagements to the fulfilment and satisfaction of both parties. There is no doubt that these consultations have further and positively positioned the aspiration of Deacon Dele Adesina SAN in the forthcoming NBA 2020 Election as a look-forward to project. Meanwhile, the consultation continues tomorrow.

NATIONAL CHESS TOURNAMENT FOR LAWYERS: An interview with Charles Ajiboye,FICMC

NATIONAL CHESS TOURNAMENT FOR LAWYERS: An interview with Charles Ajiboye,FICMC

The greatest tool of lawyers is their ability to think. Come April 2020, Lawyers across the country will gather to slug it out in a Chess tournament. In an interview with the multiple award winning visioneer, more interesting details are revealed. 

Can we meet you? 
I am Charles Ajiboye, a lover of chess, a thinker, a speaker, a lawyer, an author and many things to different people. I am the Founding Partner at The Penthouse Law and Publicity Secretary of the Nigerian Bar Association, Ikeja, and former Chairman of the NBA Young Lawyers forum. 
Please tell us about the Charles Ajiboye National Chess Tournament for Lawyers? 
Yes, it is a tournament I have always nurtured in my mind. I have always loved people who think smartly and this is an opportunity to celebrate what I love. I am grateful to the people at The Penthouse Solicitors for choosing to support this dream.
It is a championship event designed for lawyers by lawyers to amplify and promote the passion for chess and the beneficial impact it has on the thinking abilities of lawyers. The championship is designed to bring lawyers all across the country who will compete with each other for various  prizes. It is with the patronage of the Nigeria Chess Federation and the FIDE (World Chess Federation).
Winners in the tournament will go away with over ONE MILLION NAIRA IN CASH PRIZES ASIDES TROPHIES, MEDALS AND CONSOLATION PRIZES.
What are the prizes to be won? 
The prizes to be won according to the positions are:  
1st  Position: N500,000 with Championship trophy and Medal
2nd position: N300,000 with Championship trophy and Medal
3rd position:  N200,000 with Championship trophy and Medal
In addition, there will be various consolation prizes.
How can people participate in the tournament?
Lawyers who would be contesting for a prize at the tournament will have to register on www.charlesajiboye.com. Also, law students, lawyers and non-lawyers who are interested in attending can attend at no cost. For confirmation of attendance and enquiries on accommodation you call Olajide Ajibowo, Esq. on 08139358527. 
Is this going to be an annual event?
Well, that is the plan, and I am really hopeful of the success of this maiden edition.
We learnt that you are aspiring to be the next National Assistant Publicity Secretary of the Nigerian Bar Association. Is this going to affect the tournament being an annual event?
It is true that I intend to serve the profession as you have rightly said. But this tournament is even a deeper way to serve. Moreso, it is being powered by The Penthouse Law, and they are not joking with it at all.
Do you play chess?
Definitely I do. However, I’m not a pro. 
When did you start playing chess? 
I cannot remember. But a really long time ago.
What is the schedule of the tournament?
The tournament is scheduled to begin on Friday 10th of April at the 3 star Orchid Hotel, Lekki, Lagos. The tournament itself is proposed to be a one day event which is to be held on 10th (Arrival/Players meeting), 11th of April (Academy and Tournament day), and 12th April, 2020 (Closing).
Can non-lawyers participate in the tournament? 
Yes, but only as observers and special guests who will play in the opening leisure game. There will also be a law student category in the tournament. The tournament is strictly for lawyers and law students. However, non-lawyers can be part of our audience. Admission for such is free.
What is the highlight of the tournament? 
The tournament will host over 500 lawyers and Law Students from all over Nigeria, with an opening leisure game face-off by eminent personalities from all walks of life including the Bench and Bar. 
Do you have sponsors already or the tournament is self-funded? 
The event would be massive and a veritable ground for sponsorship. Some individuals and corporate bodies have shown interest in taking advantage of the opportunity the tournament provides. There is however still room to leverage on the event, as this event will further help position brands as premium brands and put them in the hands and faces of people that matter in the industry.
What are the expectations to look forward to at the tournament?
The tournament being the first of its kind promises to be thrilling, engaging, fun and interesting. It is definitely the most prestigious and most rewarding sport event for lawyers in Nigeria.There will be an academy where people will learn how to play chess. Invitation has been sent to The Governor of Lagos State, Commissioner for Youth, Sport, Social Development. The Attorney General of Lagos State, The Chief Judge of Lagos State, Senior Advocates of Nigeria and various legal luminaries and Captains of Industry. 
NBA WOMEN FORUM (NBAWF) 
FREE MENTORSHIP CLINIC KICKS OFF IN PORT HARCOURT

NBA WOMEN FORUM (NBAWF) FREE MENTORSHIP CLINIC KICKS OFF IN PORT HARCOURT

The NBAWF mentorship programme offers free mentoring for young female lawyers from 0-5 years at the bar. The programme is intended to encourage and assist members to develop to their full potentials in all areas of career and life.

It’s take off session will be held as follows:

•Date: Tuesday, 17th March, 2020
•Time: 9:00 am prompt. 
•Venue: NBA Port Harcourt Bar Center, Bank road, Port Harcourt,  Rivers State. 
•PARTICIPATION IS STRICTLY FOR REGISTERED MEMBERS OF NBAWF
RSVP:ugo.esq@gmail.com
#Empoweringfemalelawyers.