by Legalnaija | Dec 4, 2024 | Blawg
Anticipate and experience the thrill and celebration of the 70th Anniversary of the Nigerian Bar Association, Ibadan Branch with the unfolding of the AARE AFE BABALOLA (SAN)/NBA IBADAN Football Competition, 2024. The Competition is set to begin on 5th of December, 2024 and the final match will be played on 14th of December, 2024.
The Football tournament this year will feature the Ibadan Branch Football Team, (the defending champion of the NBA National Football Competition) alongside the football teams from Osogbo Branch, Akure Branch, Lagos Branch, Ikeja Branch and Ijebu-Ode Branch.
See below for the Fixtures and Match Schedule
FIXTURES
Group A
A1 (Ibadan Bar FC)
A2 (Osogbo Branch FC), A3 (Akure Branch FC)
Group B
B1 (Lagos Branch FC)
B2 (Ikeja Branch FC)
B3 (Ijebu-Ode Branch FC)
MATCH SCHEDULE
MATCH 1 (Day 1) 5th December, 2024
1. GROUP B @3pm – B1 ( Lagos Branch FC) versus B 2 (Ikeja Branch FC)
2. GROUP A @5pm – A1 (Ibadan Bar FC) versus A2 (Osogbo Branch FC)
MATCH 2 (Day 2) 6th December, 2024
1. GROUP A @3pm – B2 (Ikeja Branch FC) versus B3 (Ijebu-Ode Branch FC)
2. GROUP B @5pm – B2 (Ikeja Branch FC) bersus B3 (Ijebu-Ode Branch FC)
MATCH 3 (Day 3) 7th December, 2024
1. GROUP A @3pm – A3 (Akure Branzh FC) versus A1 (Ibadan Bar FC)
2. GROUP B @5pm – B3 (Ijebu-Ode Branch FC) versus B1 ( Lagos Branch FC)
THIRD PLACE MATCH: 14TH DECEMBER 2024
RUNNERS UP GROUP A (RGA V. RGB) RUNNERS UP B
TIME: – 3PM
FINAL MATCH: 14TH DECEMBER, 2024
WINNER OF GROUP A (WGA V. WGB) WINNER GROUP B
TIME: – 5PM
VENUE FOR ALL THE MATCHES: – OLUBADAN STADIUM, OPPOSITE HIGH COURT COMPLEX, IYAGANKU, IBADAN, OYO STATE, NIGERIA
Kindly pre-register for the 70th Anniversary Celebration via https://nbaibadan.org.ng/70thanniversaryregistration/ and do not forget to purchase your dinner ticket via https://nbaibadan.org.ng/dinner-ticket/
For more enquiries, kindly contact 70thanniversary@nbaibadan.org.ng
by Legalnaija | Nov 30, 2024 | Blawg
In today’s fast-paced world, accessing quality legal services can often be a daunting task for both individuals and businesses. This is where business directories for lawyers come into play, serving as an essential bridge between those in need of legal expertise and the professionals who can provide it.
Connecting Clients to Legal Experts
Business directories for lawyers are specialized platforms that list legal professionals and firms, categorized by their areas of expertise. These directories offer a centralized, easily navigable resource that allows users to search for lawyers based on specific criteria such as location, specialization, and ratings. By providing detailed profiles and contact information, these directories make it easier for potential clients to find and connect with the right legal expert.
Enhancing Access to Justice
One of the most significant benefits of these directories is their role in improving access to justice. By simplifying the process of finding legal representation, they help ensure that individuals and businesses can obtain the legal support they need promptly. This is particularly crucial in situations where time is of the essence, such as in cases of legal disputes or urgent legal advice.
Moreover, these directories often include ratings and reviews from previous clients, offering insights into the quality of service provided by listed lawyers. This transparency empowers users to make informed decisions, enhancing their confidence in the legal system and encouraging the pursuit of justice.
Promoting Legal Awareness
Beyond connecting clients to lawyers, business directories also play a vital role in promoting legal awareness. Many directories offer educational resources such as articles, FAQs, and legal tips that help users understand their legal rights and obligations. This added layer of information can be invaluable in demystifying legal processes and making them more accessible to the general public.
Legalnaija: Leading the Charge
Legalnaija is a prime example of a business directory that is actively bridging the gap between legal professionals and those in need of legal services in Nigeria. With a comprehensive directory that lists lawyers across various fields of practice, Legalnaija provides a user-friendly platform for individuals and businesses to find and connect with the right legal experts. Legalnaija’s directory is designed to be intuitive and easy to navigate, featuring detailed profiles, and contact information. This ensures that users can quickly identify suitable legal professionals and make well-informed choices. Furthermore, Legalnaija’s commitment to legal education through its blog and resources section helps promote legal literacy and awareness among its users.
In conclusion, business directories for lawyers are transforming the way legal services are accessed, making it easier for individuals and businesses to find the right legal support. By enhancing access to justice and promoting legal awareness, these directories play a pivotal role in fostering a more informed and empowered society. Legalnaija stands at the forefront of this movement, providing an invaluable resource for those seeking legal expertise in Nigeria. Visit the Legalnaija Directory.
by Legalnaija | Nov 30, 2024 | Blawg
Divorce is an inherently painful and emotional process, often complicated by the disclosure of deeply personal and sometimes embarrassing private information. However, in Nigerian divorce cases, the disclosure of sensitive personal details often goes beyond what is necessary for the fair adjudication of the matter, damaging the dignity and privacy of the individuals involved, and by extension, their families. This practice, which is often done under the guise of pleadings, not only harms those directly involved in the case but also perpetuates social stigmas and exacerbates the already high rate of divorce-related trauma in Nigerian society.
As members of the legal profession, Nigerian lawyers have a profound ethical responsibility to balance the pursuit of justice with respect for privacy, decency, and human dignity. Unfortunately, in many cases, sensitive information that is irrelevant to the resolution of a divorce is unnecessarily disclosed, causing significant harm to the parties (and their dependants) involved. This article seeks to examine this growing concern and calls for a conscientious effort from Nigerian lawyers to prevent the socially destructive consequences of such practices.
Statutory marriages, like every other contractual relationship may/can end as amicably as reasonable without vendetta, mudslinging, intimidation or character-assassination. Happily, the Matrimonial Causes Act provides for instances where marriages can be dissolved by the courts without apportioning blames to either party. i.e where both parties have lived apart for a period of two or three years. Hence, parties to a divorce petition do not necessarily need to divulge gory details of their disagreement especially since court papers are public documents that can be accessed by innumerable number of persons.
The Legal and Ethical Obligations of Lawyers
Nigerian lawyers are bound by the ethical guidelines of their profession, which emphasize the duty to protect the confidentiality and dignity of their clients. The Rules of Professional Conduct for Legal Practitioners in Nigeria clearly outline that lawyers must avoid unnecessary disclosure of confidential information and must act in a manner that protects the integrity of the judicial process.
The challenge, however, arises when lawyers prioritize winning cases over protecting the well-being of their clients. Some practitioners may be inclined to use personal information strategically to gain an advantage in a case, without considering the long-term consequences for their clients. In such instances, the interests of the lawyer may conflict with the ethical duties to their clients and society. A lawyer ought to advise clients against the use of personal or embarrassing details about the client’s private and family life as ammunition for scoring a point in court. Such actions undermine the trust and confidentiality inherent in the lawyer-client relationship, erode public confidence in the legal system, and, most importantly, contribute to the broader social stigma surrounding divorce.
Privacy concerns
I recently read a divorce case where the petitioner was vindictive enough to disclose the HIV-status of his spouse even when that was not the fact relied on for the divorce. Admittedly, Nigeria’s privacy jurisprudence has not developed to the extent of reprimanding and redressing such unnecessary privacy invasion in court proceedings, there however exists foreign authorities for such claims. In L.L. v. France (Application no. 7508/02) a woman filed divorce petition and, in a bid, to win sole custody of the child of the marriage, she fraudulently obtained the husband’s medical record showing he was an alcoholic. When the husband challenged the tendering and use of his medical records as an unjustifiable invasion of his privacy, the European Court of Human Rights held that
“In reality, it was only on an alternative and secondary basis that the domestic courts used the disputed medical document in justifying their decisions, and it thus appears that they could have declared it inadmissible and still reached the same conclusion. In other words, the impugned interference with the applicant’s right to respect for his private life, in view of the fundamental importance of the protection of personal data, was not proportionate to the aim pursued and was therefore not “necessary in a democratic society for the protection of the rights and freedoms of others”
The court ultimately determined that while the disclosure of the applicant’s medical record during the proceedings was in accordance with established procedural law and aimed at protecting the wife’s rights and freedoms, it was ultimately unjustified. This was because the medical records were not essential to the case and did not play a decisive role in the proceedings. Where a party divulge private facts that are unnecessary to the issues in a case, a privacy suit can lie against such a party and section 45 of the Constitution may not offer any defence except such disclosure is required, necessary or backed by law.
Data protection dictates
Court proceedings are not immune or exempted from data protection obligations. Section 3(2)(e) of the Nigeria Data Protection Act 2023 (NDPA) only exempts processions that are necessary to establish legal claims. The test of necessity of a certain processing activity is found in proportionality and reasonableness. The Nigeria Data Protection Commission clarifies that, the necessity of processing of personal data must be determined from the risks and availability alternatives to such processing. (see page 27 of the General Application and Implementation Directive of the NDPA). For divorce cases, parties should ensure that the facts disclosed or evidence used do not portend unusual privacy risks to the other parties especially where there are alternatives to the disclosure of such private facts.
Conclusion
Divorce is a painful process that should not be compounded by unnecessary public humiliation. Nigerian lawyers are in a unique position to play a crucial role in reducing the harm caused by embarrassing disclosures in divorce cases. By adhering to ethical standards, advocating for privacy, and considering the long-term consequences of their actions, Nigerian lawyers can contribute to a legal system that is fair, compassionate, and just. This is a passionate appeal to all Nigerian lawyers to uphold the principles of privacy and dignity, both in the courtroom and in society, and to protect the individuals they represent from the socially destructive consequences of unnecessary disclosure of private facts. It is time for the legal profession to lead the way in creating a society where personal privacy is respected, and individuals are not further victimized by a legal process that is supposed to serve them.
by Legalnaija | Nov 29, 2024 | Blawg
Annual Conference of the Nigerian Institute of Chartered Arbitrators: A Summary of Day One
The Annual Conference of the Nigerian Institute of Chartered Arbitrators(28th and 29th of November) at the prestigious Eko Signature Hotel, Lagos. Themed “Transformation and Intervention: The Evolving Trends in Arbitration & ADR Practice in Africa,” the conference brought together leading practitioners, academics, policymakers, and stakeholders to discuss the dynamic developments shaping Arbitration and Alternative Dispute Resolution (ADR) across Africa.
Opening Ceremony
The first day began with opening remarks by Professor Yusuf Olaolu Ali, Chairman of the Planning Committee, followed by the address of the Institute’s Chairman, Professor Fabian Ajogwu, SAN, FCIArb. Both speakers emphasized the importance of fostering innovation and collaboration to advance arbitration practices across Africa.
The highlight of the opening session was the Keynote Address, delivered on behalf of Professor Benedict Oramah, which provided a comprehensive appraisal of the conference theme. The address emphasized the need for governments to take a proactive role in nurturing the growth of Arbitration in Africa, aligning legal frameworks, and creating enabling environments to attract global confidence in the region’s ADR capabilities.
Plenary Session 1
This session featured a distinguished panel of experts: Professor Emilia Onyema, Dr. Wale Babalakin, SAN, and Dr. Enga Kameni, moderated by Mrs. Funke Aboyade, SAN, FCIArb.
The panel explored the current state of Arbitration and ADR in Africa, noting significant progress in legislative reforms, the establishment of arbitration centres, and the increasing recognition of arbitration as a viable dispute resolution mechanism. However, they also highlighted persistent challenges, including issues of accessibility, political interference, and the enforcement of awards. The discussion underscored the need for continuous capacity-building and regional collaboration to address these obstacles effectively.
Plenary Session 2
This session brought together a panel of arbitrators and judges, including Folashade Alli, SAN, C.Arb, Honourable Justice Ayokunle Faaji, FCIArb, and Anne Ekongolo, moderated by Chukuma Ezeala, FCIArb.
The discourse revolved around the critical role of governments in shaping Arbitration and ADR landscapes in Africa. The panelists observed that while many African governments have supported arbitration through legislative and judicial reforms, challenges such as political interference and inconsistent enforcement of awards persist. A key recommendation was to encourage more judges to adopt arbitration practices and award costs against parties that intentionally frustrate proceedings.
The session concluded with unanimous agreement that sustained government support and commitment are essential for the long-term growth and credibility of Arbitration and ADR in Africa.
Plenary Session 3
The third plenary session, moderated by Edith Onwuchekwa, FCArb, featured contributions from Hon. Prof. Kariuki Muigua, Ph.D., OGW, FCIArb, Ch.Arb, Guled Yusuf, Funke Adekoya, SAN, C.Arb, and Hon. Justice Ayotunde Phillips, FCArb.
The discussion centered on the importance of adherence to international best practices and due process as non-negotiable elements for Africa’s readiness to thrive in global Arbitration and ADR. The panelists stressed the need for capacity-building initiatives, legal transparency, and compliance with international standards to enhance Africa’s reputation as a hub for resolving complex disputes.
the day programme concluded with two concurrent breakout sessions addressing specific sectors and emerging trends:
Breakout Session 1 addressed “Arbitration/ADR in the African Extractive Industry: Lessons Learnt and Way Forward” This session explored the role of Arbitration and ADR in resolving disputes in the mining, oil, and gas sectors. Panelists discussed the complex nature of disputes in the extractive industry and how Arbitration can provide more flexible and efficient solutions compared to traditional litigation. While Breakout Session 2 addressed “Emerging Trends in Arbitration/ADR: Insolvency, Tax-Related Matters, Banking/Finance, and SMEs” This session focused on the evolving challenges in resolving disputes in finance, taxation, and insolvency, emphasizing the growing relevance of Arbitration and ADR in addressing the needs of SMEs and other stakeholders in these sectors.
The event was formally closed by a closing remark given by Mrs. Shola Oshodi-John, FCArb, the Registrar and CEO of the Institute, who commended participants for their contributions and reiterated the importance of fostering dialogue and innovation in Arbitration and ADR practice across Africa. She also urged delegates to participate in the cocktail session by interacting with other delegates and speakers present.
by Legalnaija | Nov 29, 2024 | Blawg
Introduction
Artists, songwriters, producers and other stakeholders in the music and entertainment industries must comprehend the nuances of master and publishing rights. Each of these two separate but related rights governs distinct elements of a musical composition each with its own sources of income and legal ramifications.
Understanding Master and Publishing Rights
In the context of sound recordings master rights refer to the ownership of a master recording. These are frequently owned by the organization that provides funding for the recording, which could be the artist if it was self-funded or a record label. How the recording is used, distributed and reproduced in the media is up to the owner of the masters rights. Synchronization licensing or sync licenses for the use of recordings in movies or advertisements for instance is covered by master rights.
Important Legal Aspects of Masters Rights.
Under copyright legislation master rights serve as the cornerstone for the protection, commercialization and distribution of sound recordings. These rights comprise the established legal precedents pertaining to ownership duration licensing terms and the laws regulating their application and implementation.
- Ownership of Master Rights
i) Artist Ownership
Frequently, independent musicians keep their master rights which allows them to control how the recording is used and receive full payment.
Control over Creativity and Finances.
Independent artists don’t require any permission from third party organizations to license their recordings for use on streaming services and sync partnerships along with other uses. By maintaining the master rights, they are better able to control the terms of use pricing and distribution methods for their songs.
The Difficulties Faced By Independent Artists:
While the master rights ownership is admittedly a more freeing and artistically inclined experience, it also means that the artist will have to be ready to cover the bills that come with production, marketing and distribution. Independent artists just starting out will most likely not have access to the resources and finances readily available in record labels, possibly restricting their capacity to succeed financially and gain market share.
- ii) Label Ownership
Artists often enter into contracts with record labels that include the acquisition of master rights. Some labels consider this to be an important part of the negotiation process and will not take no for an answer. The labels contribute to the cost of professional production marketing initiatives, distribution networks and recording sessions while the artists transfer ownership of their master recordings to the label either permanently or temporarily in return.
Revenue Sharing:
Artists are usually paid royalties on the earnings earned from the master recordings. Although the percentage varies depending on the contract many artists get between 10 and 20 percent of net profits. Labels maintain control of the majority stake which they defend as payment for their investment. Certain contracts contain clauses that let artists reclaim their master rights after a predetermined period of time or after fulfilling specific requirements.
- Duration of Master Rights.
The term of protection for master rights differs by the local jurisdiction, although it is usually for several decades.
International Standards (the Berne Convention):
The Berne Convention, which unifies copyright regulations among participant countries, establishes a 50-year period of protection for sound recordings starting from the date of publication. This time frame is extended by many nations such as the European Union to 70 years following the release of the recording or the death of the inventor.
Copyright laws in the United States:
For 85 years following publication or 120 years following invention whichever comes first, sound recordings made in the United States after February 15, 1972 are protected. Depending on state legislation and federal changes older recordings may be subject to different standards.
Understanding Publishing Rights
Conversely, the underlying composition—the melody arrangement and lyrics—is covered by publishing rights. Typically publishers and songwriters own these rights. They have authority over the works’ public performances, distribution and reproduction. Publishing rights are involved when a composition is licensed for covers or movie adaptations.
- Split ownership of publishing rights.
A music publisher and the songwriter or songwriters often share publishing rights which leads to a division of duties and royalties.
Songwriters’ Ownership:
Due to their role in the creation of the composition (melody and lyrics), songwriters are still entitled to publishing rights. This share could be anywhere between fifty percent and the majority of the rights depending on the terms of the contract. Ownership is divided equally among many songwriters who work together and this needs to be recorded in a split sheet to prevent disputes.
Earnings:
Songwriters are compensated with royalties for their synchronization, performance and mechanical rights. The role of the publisher may also give them administrative control over the licensing of their compositions.
Music Publishers’ Role in Ownership
Publishers manage the market, promotion and profit from the composition in return for a share of the rights. Among their duties are licensing the composition, obtaining synchronization and cover opportunities and collecting royalties.
Standard splits:
Songwriters and publishers typically share publication rights 50/50 but this is not always the case. Self-publishing independent songwriters keep all rights but they are also in charge of all marketing and administrative duties. In foreign markets the composer may be represented by sub-publishers who will keep a share of the publisher’s profits while permitting local licensing and royalties to be collected.
Examples of Legal Cases.
There have been notable court cases pertaining to publishing rights most of which have involved ownership transfers, license conditions and royalties.
Music Mills Inc. v. Snyder in 1985.
The Supreme Court considered a publisher’s right to retain a share of earnings from derivative works produced after the songwriter terminated the initial transfer of rights. The idea that the original creator maintains complete ownership of any rights that are terminated was upheld by the Court’s ruling in favor of the songwriter.
Williams v. Gaye (2018): A Case of Blurred Lines.
A lawsuit was filed against Robin Thicke and Pharrell Williams for allegedly violating Marvin Gaye’s song Gotta Give It Up. The court found that there had been a violation of Gayes publishing rights and granted significant damages.
Conclusion
Intellectual property in the music industry is complicated as demonstrated by the relationship between master and publication rights. Participants need to be well-informed about these rights and their legal basis in order to optimize profits and reduce disputes. In order to guarantee fair and sustained business growth as the digital music economy develops these challenges must be addressed by robust legal frameworks and open processes.
Eniola Sultan Olatunji is a final-year law student of the University of Ibadan, and an aspiring corporate lawyer with a focus on Entertainment, Data Privacy, and Commercial Law. A talented writer, Eniola looks forward to working with top companies in the nearest future.
Sources
- Bolero Music: “Master vs Publishing Rights in Music IP” https://www.boleromusic.com/blog/master-vs-publishing-rights-music-ip
- Releese Help Center: “What is the difference between master rights and publishing rights? https://support.releese.io/hc/en-us/articles/23100485505947-What-is-the-difference-between-master-rights-and-publishing-rights
- Icon Collective: “How Music Royalties Work in the Music Industry” https://www.iconcollective.edu/how-music-royalties-work
- Case law: Mills Music, Inc. v. Snyder (1985), Grand Upright Music, Ltd. v. Warner Bros. Records Inc. (1991) https://en.wikipedia.org/wiki/Grand_Upright_Music,_Ltd._v._Warner_Bros._Records_Inc
- U.S. Copyright Office – Circular 56A: Copyright in Sound Recordings https://www.copyright.gov/circs/circ56a.pdf
by Legalnaija | Nov 28, 2024 | Blawg
CONGRATULATORY MESSAGE FROM AARE OLUMUYIWA AKINBORO, SAN ON YOUR EMERGENCE AS THE COUNTRY VICE PRESIDENT AND NATIONAL PRESIDENT, INTERNATIONAL FEDERATION OF WOMEN LAWYERS (FIDA) NIGERIA
I write with profound joy to extend my warm and hearty congratulations to you on your emergence as the Country Vice-President, International Federation of Women Lawyers (FIDA) Worldwide and National President of FIDA Nigeria.
Your election by Women Lawyers in Nigeria to lead the Federation at this time is a testament to the excellent qualities that you represent and your commitment to the advancement and protection of the rights and courses of Women and Children across the country. I am convinced that given your experience and track-record, FIDA Nigeria is in safe hands and that you have been further incentivized to continue to champion the rights of Women and Children.
I wish you an impactful tenure full of visible achievements particularly in the area of women empowerment and advancing the frontiers of women and children rights in Nigeria. I pray that the almighty God will give you the strength and wisdom to pilot the affairs of the Federation and to drive its objectives to enviable heights.
Once again, Congratulations!
Aare Olumuyiwa Akinboro SAN, FCIArb (UK), Life Bencher.
Past General Secretary, Nigerian Bar Association.
by Legalnaija | Nov 28, 2024 | Blawg
Revolutionizing the Legal Industry with Document Automation
In the fast-paced world of law, efficiency and precision are crucial. Enter **document automation**—a groundbreaking innovation that’s transforming the legal landscape. This novel technology is changing how legal professionals and businesses handle their documentation, saving time, reducing errors, and enhancing productivity.
What is Document Automation?
Document automation, also known as contract automation, involves creating customizable templates for legal documents. Users can tailor these templates to meet their specific needs through an online platform. This process eliminates the repetitive tasks of manual drafting and ensures consistency across all legal documents.
The Impact on the Legal Industry
For lawyers, paralegals, and law firms, document automation offers numerous advantages:
– Increased Efficiency: Streamlining the document creation process allows legal professionals to focus on more complex tasks, such as strategy and client consultations.
– Consistency and Accuracy: Automated templates ensure that all necessary clauses and legal language are included, reducing the risk of errors and omissions
– Cost Savings: By minimizing the time spent on drafting documents, law firms can reduce billable hours and offer more competitive pricing to clients.
Benefits for Businesses
Businesses of all sizes can reap the rewards of document automation:
– Speed and Convenience: Companies can generate contracts, agreements, and other legal documents in minutes, not hours, accelerating business processes.
– Compliance and Risk Management: Standardized templates help ensure that all legal documents adhere to the latest regulations and best practices, mitigating legal risks.
– Scalability: As businesses grow, the need for legal documentation increases. Document automation allows companies to scale their operations without a proportional increase in legal workload.
Automate Your Legal Contracts on Legalnaija
Legalnaija is at the forefront of this revolution, offering a seamless platform for automating your legal documents. Our easy-to-use online system lets you customize contract templates to fit your unique requirements, ensuring you get the legal protection you need without the hassle.
Visit https://legalnaija.com today to explore our document automation services and experience the future of legal documentation. Empower your practice and business with the efficiency and accuracy of automated legal documents.
by Legalnaija | Nov 28, 2024 | Blawg
A great book isn’t just a gift, it’s an enduring resource that aids professional growth and personal development. Show the lawyers in your life that you value their passion and dedication by giving a gift that aligns with their interests. Whether it’s a Christmas gift, a token of appreciation, or a surprise for a friend aspiring to study law, our books are the perfect choice.
This Black Friday, we have curated an exclusive selection of law books that will make the perfect holiday gifts for the lawyers and law enthusiasts in your life. From timeless classics to cutting-edge legal texts, our collection has something for everyone.
Special Black Friday Deals include:
– Up to 50% Off: Grab amazing discounts on our top-rated law books.
Don’t miss out on deals that are here today and gone tomorrow!
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- Visit Legalnaija.com/store
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Save the Date!
Sale Starts: November 29th, 2024 Duration: One week of fantastic deals
Spread the word and take advantage of these unbeatable Black Friday deals! Empower the lawyers in your life with knowledge that lasts a lifetime. Happy shopping and happy holidays from Legalnaija!
by Legalnaija | Nov 28, 2024 | Blawg
INTRODUCTION
Under the adversarial system of trial which Nigeria practices, the Court itself cannot undertake a search for relevant evidence, but must reach its decision solely on the basis of such evidence as is presented by the parties.[1]
In the Nigerian legal atmosphere, one of the radars that has been constant is the finding of facts before a Court, which stipulates that it is the responsibility of each party to adduce evidence that proves its claims, and/or to disprove the claim of either party.
From the above, it is not in doubt that parties to a case, therefore, sink or float by the pieces of evidence they place before the Court, in establishing their claims and disproving the claims of the adversary.
WHAT IS EVIDENCE?
The term “evidence” lacks a statutory definition. In FEDERAL REPUBLIC OF NIGERIA v. MIKE,[2] the Court remarked that, like other concepts in law, there can be no universally accepted definition of evidence. However, the judiciary through cases has provided some definitions for the term. In ONYA & Ors v. OGBUJI & Ors,[3] the Court defined evidence in the following words:
“The term evidence has been aptly described as any specie of proof, or probative matter legally presented at the trial of any issue, by the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc. for the purpose of inducing belief in the mind of the court or jury as to their contentions.”
Also, in LAWAL v UNION BANK OF NIGERIA PLC,[4] the Supreme Court, while explaining the meaning of evidence held that:
“Evidence, as used in judicial proceedings has several meanings. In one sense, it means the testimony, whether oral, documentary or real which may legally be received in order to prove or disprove some fact in dispute. Evidence in a judicial proceeding does not consist of oral evidence alone and proof of a fact can be documentary.”
In simple terms, evidence is central to the case of any party, as it forms the fulcrum upon which the success of the case of a party rest.
THE LEGAL FRAMEWORK FOR THE LAW OF EVIDENCE
The major Legal framework for the law of Evidence in Nigeria is as stated below:
- The Constitution of the Federal Republic of Nigeria, 1999 (as amended);
- The Evidence Act, 2011;
- Decisions of the Nigerian courts of record;
- Decisions of courts of a foreign jurisdiction;
- The Rules of Courts, and Practice Directions;[5]
- Regulations, practice or reference directions made by the Attorney-General of the Federation.[6]
THE GOLDEN PRE-TRIAL RULES
Asides from the fact that evidence is undoubtedly the centerpiece of a party’s case, and it is basically during the trial or hearing of such case that the evidence is to be admitted or rejected by the Court, it is equally important to take note of basic preliminary matters while preparing for a case. These preliminary matters are to decide which party to sue, where the action is to be instituted, and which originating process to employ in order to institute the case. All these among others are referred to as the golden pre-trial rules.[7]
It is from this golden rule that a party decides the appropriate originating process with which to initiate his matter. This determines to a very large extent the type of evidence that will be utilized by such party depending on whether the matter is criminal or civil in nature.
For criminal matters, while it is either initiated by way of information or by charge, there are however four broad-based ways of commencing civil actions. These include: Writ of summons, Originating Summons, Originating Motion and Petition.[8] The mode adopted in each case depends hugely on the nature of the claim/case and the applicable rules and/or statutes.[9]
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FRONTLOADING
This is a term used to denote the trend in civil procedure, where each of the parties is required to bring forward his case beforehand, at the point of filing. In SYLVESTER v. OHIAKWU,[10] the Court of Appeal stated that frontloading meant the upfront filing of all documents to be issued at the trial, so as to ensure that only serious and committed litigants with prima facie good cases and witnesses to back up their claims, would find their way into Court and thereby reducing lame duck claims. It involves stating the names of witnesses and the depositions of those witnesses, filing copies of the documents the party will rely on, and other relevant facts that will be relied on during the trial.
The rationale behind this is not hard to appreciate, as its object is to attain justice, by giving each party the opportunity to know beforehand, the case he is going to meet, and to afford him the opportunity to prepare his defence. This is to prevent a party from shooting a surprise shot at the other party.
It should be noted that the Rules of the various High Court have provided for this. For example, Rule 15 of the HIGH COURT RULES. The rule provides that the originating process must be accompanied by the list of witnesses, list of documents to be relied upon during trial, written statements on oath of the witnesses, and so on.
AFFIDAVIT EVIDENCE
Where the choice of the appropriate originating process has been made, and a party decides to institute the matter by way of Originating Summons, it is apposite to note that the way to establish the claim of such party will be by Affidavit Evidence.
Affidavit Evidence is that type of evidence wherein a person will depose to facts, either within his knowledge or not, and same shall be sworn to in the Court before an authorized person.[11] While adopting the definition in Bouvier Law Dictionary, Compact Edition, the Court of appeal in the case of SENIOR STAFF ASSOCIATION OF U.T.H.R.I & A. I v OLOTU,[12] stated as follows:
“An affidavit is a statement reduced to writing, in which factual assertions are made under oath or affirmation…before a Notary or any other officer who administers the oath and authenticates the affiant’s signature on the document.”
S.T. Hon., SAN has described an affidavit as a written or typed and printed declaration or solemn statement of facts, made either on oath or affirmation[13] before an authorized person, which facts are either derivable from the personal knowledge of the deponent or person making the declaration; or are derived from external sources, provided those sources and the reasons under which belief in those sources is founded upon, are named in the affidavit.[14]
For an affidavit to be properly cladded with the armour of evidence and same be accepted by the Court, there are statutory conditions it must have met. It has to meet the mandatory provisions of the Evidence Act as to form or contents thereof.
- An affidavit must be sworn or affirmed before a designated or authorized person; because if it is not so sworn or affirmed, it shall not be admitted in evidence.[15] These designated or authorized persons are mostly Commissioner for Oaths. Relying on the case of ONUJABE v. IDRIS,[16] the person before whom such oath is taken must indicate his name and not just the official stamp.
Note Better: Affidavits sworn to before a party’s legal practitioner is void, notwithstanding that the said legal practitioner is a notary public and he administered the oath in that capacity.
- An affidavit must be signed by the deponent. This may be in the nature of affixing a signature or thumbprint. An unsigned affidavit is no affidavit at all.[17]
- The concluding part of the deposition must be clear as to the fact that it is an oath or an affirmation. Note that the words “I make this Affidavit in good faith and in accordance with the Oaths Act” are commonly used, after which the date of commissioning thereof is inserted.
- For the contents of an affidavit to be accepted as evidence, such contents must strictly comply with the provisions of Section 115 of the Evidence Act.[18]
Note Better: The rules above are also applicable to Counter-Affidavits.
It should also be noted that it is in practice that documents be attached to affidavits. Courts have pronounced in a long line of cases that documents attached to an affidavit form part of the evidence. Copies of documents attached to an affidavit need not be admissible in law, it will be nonetheless admissible. See the cases of ILORIN EAST LOCAL GOVT. v. ALASINRIN & Anor,[19] AONDOAKA v OBOT.[20]
ORAL EVIDENCE
Oral evidence or testimony is the totality of the evidence a witness enters into a witness box and gives, after being sworn or affirmed. Pursuant to the provision of Section 176 of the Evidence Act, 2011, Oral evidence also include sign, semiotics, brail or body language demonstrated by an incapacitated person while in the witness box testifying.
Oral evidence is given through Examination-in-chief, cross-examination and re-examination. It must be noted that generally for oral evidence to be admissible as evidence by the Court, it must be direct[21] and not hearsay.
It is statutorily stipulated that all facts, except the content of documents, may be proved by oral evidence.[22] Thus, a party who wishes to establish facts before the Court has to do so by way of oral evidence, dependent of course where the originating process requires so.
As stated earlier, Oral evidence is given through Examination-in-chief, cross-examination and re-examination_ this is the order of production and examination of witnesses as stipulated under Section 215 (1) of the Evidence Act, 2011. Witnesses shall be first examined-in-chief, then, if any other party so desires, cross-examined, then, if the party calling him so desires, re-examined.
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Examination-in-chief
The examination of a witness by a party who calls him is called Examination-in-chief. In AYORINDE v SOGUNRO,[23] it’s stated that evidence-in-chief is an opportunity for the plaintiff and his witnesses to state their case on oath.
In civil matters, practice no longer requires that witnesses render their testimony orally, the examination-in-chief of a witness is now done by the adoption of their written statements on oath already filed before the Court. However, in criminal matters, there is nothing like adoption of any statement, witnesses have to render their testimony.
It should be noted that leading questions are generally not allowed during the examination-in-chief.[24] “Leading questions are questions suggesting the answers which the person putting it wishes or expects to receive”.[25]
Under examination-in-chief, a witness may be allowed to refresh his memory by referring to any writing made by him, or any such writing made by any other person and read by him, within the time of the situation/transaction in which he is testifying on. This is provided for under Section 239 of the Evidence Act, 2011.
Cross-Examination
This is the second broad step in the examination of a witness. It is an examination of a witness by a party other than the party who calls that witness.[26] In effect, after a witness is examined-in-chief by the party calling him, he is then cross-examined and questioned by the opponent. The questions in both examination-in-chief and cross-examination must relate to relevant facts, but cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.[27] Leading questions are permissible under cross-examination and a witness can be cross-examined as to matters in writing.[28]
The general scope and extent of cross-examination of a witness is provided under Section 223 of the Evidence Act as follows:
“When a witness is cross-examined, he may, in addition to the questions herein before referred to, be asked any questions which tend to-
- Test his accuracy, veracity or credibility; or
- Discover who he is and what is his position in life; or
- To shake his credit, by injuring his character.
Provided that a person charged with a criminal offence and being a witness may be cross-examined to the effect, and under the circumstances, described in paragraph (d) of the proviso to section 180 of this Act.”
Cross-examination is also allowed in an instance where more than one defendant is being charged. In that instance, each defendant will have the right to cross-examine the other and such cross-examination shall take place before that of the prosecution.[29] Where a witness has been summoned to produce a document and he is then sworn as a witness;[30] where a witness steps into the witness box to testify as to character;[31] cross-examination of a complainant in a rape or attempted rape charge about the victim’s previous sexual experience;[32] and denial of further right of cross-examination of a witness, who is in the witness box to declare another witness as unworthy of credit.[33]
Re-Examination
Under Section 215 (1) and (3) of the Evidence Act, the right of a party to re-examine his witness is guaranteed. Re-examination, is described by the Learned Justice Rhodes-Vivour (Rtd) in the case of AYORINDE v. SOGUNRO[34], as an opportunity for the witness to restore credibility to his testimony. This is in addition to the common purport that re-examination is to resolve ambiguity during cross-examination. The right to re-examination is sacrosanct, thus, its outright refusal by the Court amounts to failure of justice.[35]
Subpoena Duces Tecum and Ad Testificandum
In a proceeding, be it criminal or civil, there is a high propensity that witnesses may be summoned to either tender documents alone, or to testify and tender documents. In either case, the process of summoning such a witness is known as a subpoena. Evidence of a party can be elicited via this means as well. Subpoena duces tecum is for when the witness is to produce document(s) in his possession while subpoena ad testificandum means summons to a person for him to appear in Court and testify as a witness. The third kind has been described by the Court in the case DICKSON v SYLVA[36] as the combination of the duo above, wherein the witness will be called to both tender a document and testify.
Wale Adeagbo AICMC is a Litigation and Dispute Resolution Attorney. He is the Principal Counsel of Wale Adeagbo Legal. He can be reached via email
waleadeagbo20@gmail.comReferences
[1] Adrian Keane & Paul McKeown, The Modern Law of Evidence, 9th edition, Oxford University Press, 2012.
[2] (2014) 1 SC (Pt. I) 27 @ 55
[3] (2009) LPELR-8508(CA)
[4] (1995) 2 SCNJ 132 at 146-147
[5] For example, the National Industrial Court of Nigeria Practice Direction, 2022; Provisions under Order 34, High Court of the FCT (Civil Procedure) Rules, 2018; Provisions under Order 20, Federal High Court (Civil Procedure) Rules, 2019.
[6] By Section 255 of the Evidence Act, 2011, the A.G. Federation has been empowered to make regulations generally prescribing further conditions with respect to admissibility of any class of evidence that may be relevant under the Evidence Act.
[7] Other golden pre-trial rules (preliminary matters) are locus standi, limitation of action, parties, and other issues revolving round jurisdiction.
[8] Note Better: That civil proceedings shall be made reference throughout and the reason is that the proceedings regarding evidence is all-encompassing.
[9] Vatsa v FBN Plc (2012) 2 NWLR (Pt. 1283) 1 CA
[10] (2014) 5 NWLR (Pt. 1401) 467 CA
[11] Inegbedion v. Selo-Ojemen (2004) All FWLR (Pt. 221) 1445 at 1460
[12] (2016) 14 NWLR (Pt. 1531) 1 @ 5 CA.
[13] Section 120(1) of Evidence Act, 2011.
[14] Sebastine Tar Hon(SAN), S.T. Hon’s Law of Evidence in Nigeria, 3rd Edition (Pearl Publication, 2019) pages 908-909.
[15] Section 112 of the Evidence Act, 2011.
[16] (2012) 2 NWLR (Pt. 1284) 285 CA
[17] See Section 117(4) of the Evidence Act, 2011.
[18] Every affidavit must contain only a statement of facts; it must not contain extraneous matter by way of objection or prayer, legal argument or conclusion; when facts/information are derived from other persons, the circumstances forming the ground of his belief must be set out and the name of his informant shall be stated, the time, place and circumstance of the information.
[19] (2012) LPELR-8400 (CA). The court pronounced that: “I have held that a document attached to or exhibited with affidavit forms part of the evidence adduced by the deponent and is deemed to be properly before the court to be used, once the court is satisfied that it is credible. Being already an evidence before the court (on oath), the formality of certification for admissibility (if it required certification) had been dispensed with…the reason for this is easy to deduce, the first being that affidavit evidence is already admitted evidence before the court unlike pleading, which must be converted to evidence at the trial, at which time issues of admissibility of an exhibit is decided. The second point is that and exhibited copy of a document attached to affidavit evidence must necessarily be a photocopy or secondary copy…”
[20] (2022) 5 NWLR (Pt. 1824) SC 523.
[21] Section 126, Evidence Act, 2011.
[22] Section 125, Evidence Act, 2011.
[23] (2012) 11 NWLR (Pt. 1312) 460 at 478 SC.
[24] Section 221(2), Evidence Act, 2011.
[25] Ibid. Section 221(1)
[26] Ibid. Section 214(2)
[27] Ibid. Section 215(2)
[28] Ibid. Section 222
[29] Ibid. Sections 216 and 217.
[30] Ibid. Sections 219.
[31] Ibid. Sections 220
[32] Ibid. Sections 234
[33] Ibid. Sections 235
[34] (2012) 11 NWLR (Pt. 1312) 460 at 478 SC.
[35] I.G.P v Nwabueze (1963) 2 All NLR 119.
[36] (2017) 8 NWLR (Pt. 1567) 167 at 192.
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