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.
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Don’t miss out on deals that are here today and gone tomorrow!
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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.
by Legalnaija | Nov 25, 2024 | Blawg
The wait is almost over! We are thrilled to remind you that the Legalnaija Black Friday Sales are just three days away, starting on November 29th! Get ready for an exciting week of unbeatable deals on your favorite legal books.
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Sale Starts: November 29th, 2024 Duration: One week of fantastic deals
Prepare to Shop
- Browse Our Selection: Take a sneak peek at our collection and start planning your purchases. Visit www.legalnaija.com/store
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by Legalnaija | Nov 25, 2024 | Blawg
Mr. Olabisi Makanjuola, Chairman NBA Lagos
The Nigerian Bar Association (NBA) Lagos Branch is thrilled to announce the 2024 Annual Bar Dinner, themed “EKO FOR SHOW: Culture of Excellence.”
‘’Set against the luxurious backdrop of the Grand Ballroom at the Oriental Hotel, Victoria Island, Lagos, on Saturday, December 7, 2024, this year’s dinner is designed to captivate and inspire. As we gather in our stunning traditional attire, we honour the diverse cultural heritage that defines our great nation and our esteemed legal community’’, stated the Chairman of the NBA Lagos Dinner Committee, Adeleke Alex-Adedipe, Esq.
The Premier Carpet will welcome guests from 5 pm, setting the stage for an evening of glitz and glamour. The ambiance will be nothing short of spectacular, reflecting the vibrancy and sophistication that “EKO FOR SHOW” embodies.
Adeleke Alex-Adedipe, Esq., Chairman NBA Lagos Dinner Committee
The dinner promises an unforgettable evening of reflection, celebration, and camaraderie, drawing inspiration from Lagos’ rich heritage and its culture of resilience and innovation.
The Chairman of the NBA Lagos Branch, Mr. Olabisi Makanjuola, stated as follows: “This theme underscores the essence of Lagos as a vibrant and dynamic city that embodies resilience, innovation, and excellence, As the premier branch of the Nigerian Bar Association, we are proud to draw inspiration from the rich heritage of Lagos and its unwavering commitment to setting standards in every sphere of life, including our noble profession. Beyond the glitz and glamour, this dinner is also a moment of reflection and renewal—a time to strengthen our commitment to the values of integrity, professionalism, and service that define the Nigerian Bar Association.”
The evening will feature:
A Keynote Address by a renowned speaker of national and international repute, to be unveiled soon.
Awards and Recognitions celebrating outstanding contributions to the legal profession, including the achievements of the Chief Justice of Nigeria, Honourable Justice Kudirat Kekere-Ekun, and newly conferred Senior Advocates of Nigeria.
A vibrant cultural showcase highlighting the artistic heritage of Lagos through live performances and exhibitions.
The Chairman of the NBA Lagos Dinner Committee, Adeleke Alex-Adedipe, Esq., further emphasized the cultural significance of the event:
“This dinner is a celebration of our shared journey and the bonds that tie us together as colleagues and friends. As we don our traditional attire, we honour the customs and traditions that have shaped our identities and our legal practice.”
Guests are encouraged to immerse themselves in the spirit of “EKO FOR SHOW” as they enjoy fine dining, inspiring conversations, and an ambiance of elegance and sophistication.
On behalf of the NBA Lagos Branch, Both Chairmen extend a warm invitation to all members, stakeholders, and friends of the bar to join in celebrating excellence and unity and make this year’s Annual Bar Dinner an unforgettable experience. For media inquiries or additional information, please contact Publicity Secretary, Omoniyi Onabule on 08039270355 or Milicent Joi Umoru on 08070406955 for sponsorship.
Signed: Communications and Publicity Team
by Legalnaija | Nov 24, 2024 | Blawg
In the ever-evolving landscape of the legal profession, the significance of expertise cannot be overstated. Being an expert in a specific area of law not only sets a lawyer apart but also paves the way for a rewarding and impactful career. This article explores what it means to be an expert in an area of law and encourages lawyers to embark on the journey of specialization. Legal expertise is the profound and comprehensive knowledge of a particular field of law. It involves a deep understanding of the relevant statutes, regulations, case law, and legal principles. An expert is not only well-versed in the theoretical aspects of their chosen field but also possesses the practical skills to apply this knowledge effectively.
The Path to Expertise
- Continuous Learning
Becoming an expert requires a commitment to continuous learning. The legal landscape is dynamic, with new laws, regulations, and precedents constantly emerging. Lawyers must stay updated with the latest developments in their area of specialization through ongoing education, attending seminars, and reading legal journals.
- Practical Experience
Gaining practical experience is crucial. This involves handling real cases, providing legal advice, and representing clients in your chosen field. Each case presents an opportunity to apply theoretical knowledge and hone practical skills.
- Networking and Mentorship
Building a strong professional network and seeking mentorship from seasoned experts can accelerate the journey to mastery. Engaging with peers, joining professional associations, and attending industry events can provide valuable insights and opportunities for growth.
- Specialization and Certification
Pursuing advanced degrees or certifications in a specific area of law can formalize your expertise. Many jurisdictions and professional bodies offer specialized certification programs that recognize and validate a lawyer’s proficiency in a particular field.
The Benefits of Legal Expertise
- Enhanced Career Prospects
Specialization can open doors to new career opportunities. Experts are often sought after for high-profile cases, consulting roles, academic positions, and leadership roles within law firms and organizations.
- Increased Credibility and Trust
Clients and peers alike are more likely to trust and respect lawyers who demonstrate expertise. Being known as an authority in your field can enhance your reputation and attract a loyal client base.
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- Professional Satisfaction
Mastery in a specific area of law brings a sense of accomplishment and professional satisfaction. It allows lawyers to engage deeply with subjects they are passionate about, leading to a more fulfilling career.
- Impact and Influence
Experts have the opportunity to shape the law and contribute to its development. Through publishing articles, participating in policy discussions, and providing expert testimony, lawyers can influence the legal landscape and drive positive change.
Encouragement for Aspiring Experts
Embarking on the journey to become an expert in a specific area of law is both challenging and rewarding. Here are some words of encouragement for aspiring experts:
– Pursue Your Passion: Choose an area of law that genuinely interests you. Passion is a powerful motivator and will sustain you through the challenges of specialization.
– Embrace Lifelong Learning: The pursuit of expertise is a continuous journey. Embrace the process of learning, growing, and evolving as a legal professional.
– Seek Guidance: Don’t hesitate to seek guidance from mentors and peers. Their experience and insights can provide invaluable support and direction.
– Make a Difference: Remember that your expertise has the potential to make a significant impact. Use your knowledge and skills to advocate for justice and contribute to the betterment of society.
Conclusion
Becoming an expert in an area of law is a journey of dedication, learning, and passion. It offers numerous benefits, from enhanced career prospects to the ability to make a meaningful impact. Lawyers are encouraged to pursue their chosen fields with commitment and enthusiasm, knowing that their expertise can drive positive change and advance the legal profession. Embrace the challenge, seek mastery, and let your expertise shine. The legal world needs dedicated experts like you.
(Article was written using AI)
by Legalnaija | Nov 16, 2024 | Blawg, Directory
We at Legalnaija are thrilled to announce some exciting changes to our subscription models to better serve your needs and make it easier for you to access our valuable resources.
Starting today, we have simplified our subscription offerings to just two straightforward plans:
1. **Monthly Plan**: ₦3,500 per month
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Thank you for your continued support of Legalnaija Directory. If you have any questions or need assistance with the transition, please don’t hesitate to reach out to our customer support team at [09029755663].
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by Legalnaija | Nov 14, 2024 | Blawg
The avoidable privacy breach in Dr Abalaka’s defamation judgment and the urgent need to regulate law reporting in Nigeria
By Olumide Babalola
My research on the overlap between privacy and defamation led me to the Supreme Court’s judgment in Dr Jeremiah Abalaka v Prof. Ibironke Akinsete (2023) LPELR-60349(SC) where the following statement is published in the law report: “The Appellant claimed that he has found a vaccine to cure HIV/AIDS. The 3rd Respondent, a retired soldier living with HIV used the said vaccine and according to him, he is still HIV positive. The 3rd Respondent also gave the statistics of 30 soldiers who have used the vaccine and some according to him, are dead while others are still living with HIV.”
As it is the unchallenged practice of law reporters in Nigeria to publish verbatim judgments, reading through the judgment, the unmasked identity of the party living with HIV is revealed in the judgment reported by law reports. As a privacy professional, this got me thinking and I share my thoughts in the following brief paragraphs:
a. There are no visible regulators or regulations on law reporting in Nigeria
In her article published in 1972 by the Journal of Legal Pluralism and Unofficial Law, Jill Cottrell Ghai– a former law lecturer at the Ahmadu Bello University, Zaria – traces the history of law reporting in Nigeria to 1915 when the Government Printer in Lagos published the first edition of the (now abandoned or relegated) Nigeria Law Reports. Over 109 years after the debut, my research has been unable to lead me to any regulation, policy, guideline or other legislation of law reporting in Nigeria.
While it is “known” that the Supreme Court issues licences or permits for law reporting, I could not find the legislation upon which these authorizations are issued vis a vis the rules of engagement. If this piece of legislation exists, then it is not publicly accessible, making it impossible for the public to hold law reports to any standards.
b. Court judgments and privacy
Yes, court judgments are public documents, but they are not inimical to the notion of privacy. Otherwise, there would not be statutory and procedural provisions excluding the public from some court proceedings – the definition of which includes court processes and judgments. (see Ezeudu v Adeka (2016) LPELR-40807(CA). For context, while section 36(4)(a) of the 1999 Constitution empowers the court to exclude the public from certain proceedings where the private lives of parties will be prejudiced, section 12 of the Freedom of Information Act allows non-disclosure of information in a public record where disclosure will infringe on the data subject’s privacy. Interestingly, the Matrimonial Causes Act empowers the courts to restrict the publication of parties’ personal information in deserving cases. Neither our courts nor the law reports have taken full advantage of these provisions.
c. Unfair reporting and data minimization
Law reporters are largely unregulated in Nigeria but as data controllers who particularly process sensitive personal data, they are subject to the provisions of the Nigeria Data Protection Act 2023 (NDPA). By section 24(1)(a), law reporting companies are meant to be fair in their handling of personal data especially as reflected in the judgments they publish. Fairness, in data protection parlance, contemplates respecting the (privacy) rights of the data subject. By this principle, data processing must be carried out in a way that does not harm or disadvantage the data subject. This includes ensuring that the data subject’s dignity, privacy, and reputation are protected during and after the data processing. The question is – does publishing a party’s identity or HIV status, as done in Abalaka’s case preserve the dignity of such party?
Additionally, section 24(1)(c) NDPA mandates controllers to process only the minimum personal data necessary for the purpose of collection. This principle is know as ‘data minimization’ designed to protect individuals’ privacy by ensuring that only the minimum amount of personal data necessary for a specific purpose is collected, processed, and retained.
Data minimization requires that only the personal data that is absolutely necessary to achieve a specific purpose should be collected. Any data that is not needed for the defined purpose should not be collected or stored. In reporting judgments, some highly sensitive personal data ought not be published in the report. In Abalaka’s case, the 3rd Respondent’s identity need not be revealed in the law report, this is not necessary for the purpose of reporting a case on defamation. Non-disclosure of his identity will not diminish the report especially since other parties are identified.
d. International best practices
Keeping up with their aspirations to deliver world-class law reporting services, then Nigerian law reports must regulated to maintain such standards. Currently, there is no official regulator/regulation for law reporting in Nigeria. In the UK, they have Judicial Proceedings (Regulation of Reports) Act 1926; the Incorporated Council of Law Reporting for England and Wales (ICLR) regulates law reporting together with the courts which issue practice direction for the publication of judgments e.g Practice Guidance: Anonymisation And Avoidance Of The Identification Of Children; Reporting Restrictions in the Criminal Courts; Transparency In The Family Courts. Publication Of Judgments Practice Guidance etc.
In South Africa, while some cases are filed with anonymised names, some judgments are published with anonymized names for privacy reasons. Cases bordering ion divorce, sexual violence, custody and maintenance of children are routinely filed by masking the parties’ identities and such identities are also concealed in the law reports. In Kenya, the National Council for Law Reporting anonymization guidelines for judgment publications. See Tumaz and Tumaz Enterprises Limited v National Council for Law Reporting
[2022] KEHC 14747 (KLR). Nigeria, is long over due for a regulator and regulations in this regard.
Recommendations
The publication of court judgments, often referred to as law reporting, is a critical aspect of legal transparency and the development of jurisprudence. However, in Nigeria, the current approach to law reporting lacks a regulatory framework that ensures the protection of personal data, privacy, and the ethical publication of sensitive information. Given the increasing importance of data protection globally, as well as the growing focus on privacy and fairness, it is essential to align Nigeria’s law reporting practices with international best practices in data protection, privacy, and transparency. From a privacy perspective, these are my humble suggestions:
a. Data Protection Standards in Law Reporting
To ensure fairness of pdata processing, all published/reported judgments ought to adhere to data protection principles by employing data security techniques like pseudonymization or redaction of sensitive personal data, in line with global standards and as required by the NDPA (see section 39). Law reporting entities must implement measures to prevent unauthorized disclosure of personal data, particularly in sensitive cases in their published judgments (e.g., family law, sexual offenses).
b. Establish Clear Guidelines for Publishing Judgments
It is advisable that the Supreme Court (the unofficial regulator) develops workable and enforced guidelines for the publication of court judgments that mandate the protection of personal data and ensure transparency regarding the processing of such data. Such documents should provide practical guidance procedures for redaction or pseudonymization to safeguard individuals’ privacy, especially when personal identifiers are not necessary for legal clarity.
c. Introduce a Regulatory Framework for Law Reporting
The establishment of a regulatory agency, body or department for law reporting is long overdue. The Federal Ministry of Justice can collaborate with the Supreme Court on this initiative to establish a regulatory body or framework that oversees the practice of law reporting, ensuring that published judgments comply with data protection, privacy laws and other standards. Such regulatory body should collaborate with data protection authorities to ensure that law reporting practices align with broader privacy regulations.
d. Anonymization and Redaction
The publication of court judgments, especially those involving sensitive personal data, should be anonymized or redacted to protect the privacy of individuals involved, in line with data minimization and privacy principles. Legal practitioners and publishers of law reports should be required to redact personal identifiers, including full names, addresses, contact details, and any other sensitive information, unless disclosure is essential for the understanding of the judgment. Pseudonyms should be used where applicable.
e. Promote Ethical and Fair Law Reporting Practices
Courts and legal publishers must take into consideration the ethical implications of publishing sensitive personal data in judgments. Failure to protect individuals’ privacy can lead to significant harm and contravene the fairness principle in data protection. Law reporting practices should align with ethical guidelines to ensure that the publication of judgments is fair and does not unjustly expose individuals to harm, including social stigma, reputational damage, or physical risk. The judiciary system should adopt ethical guidelines in line with best practices that require the careful consideration of the public interest, privacy, and fairness when publishing court judgments.
by Legalnaija | Nov 13, 2024 | Blawg
Legalnaija November Dash: Black Friday Sales Begin on November 29, 2024!
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Mark your calendars and get ready for the Legalnaija November Dash! Visit Legalnaija’s bookstore https://legalnaija.com/store on November 29, 2024, to start shopping and take advantage of these fantastic offers.
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by Legalnaija | Nov 5, 2024 | Blawg
Sex Tapes From the Equatoguinean Anti-Corruption Czar: Another Reminder that Our Lives and Wellbeing Are Connected to Privacy?
| Olumide Babalol
Yesterday, an Equatoguinean official – Baltasar Engonga – broke the Internet for many reasons. First, he reportedly had sexual affairs with over 300 women and secondly, in a somewhat inexplicable discovery, he recorded these escapades. Then, the World was stunned when these intimate videos were leaked to the public. Expectedly, these bizarre turns of events have been discussed from many standpoints: from male chauvinism and ego trips to gender guilt-tripping and then the moralistic condemnations and then the biased blame games, not leaving out the legalistic grandstanding. Regardless of the aptitude or otherwise of these views, these sour revelations present another opportunity to preach a higher value for privacy lest the lessons in its neglect may be lost on us all.
1. Recorded private moments are susceptible to privacy breaches
A person’s decision to record his intimate moments with another consenting adult is definitely within the confines of their privacy rights, but such an exercise of rights also comes with enormous risks of privacy breach. Where one of the parties is disgruntled, they have a ready-made tool for revenge porn; where a third party gains access, it becomes a potential bait for blackmail or extortion. What about hackers and other kinds of illegal or official intruders who are backed by law to search and seize assets as in Engonga’s case?. Hence, anyone who records sex tape should bear in mind the consequences of privacy breaches which are mostly intrusive, damning and destructive.
2. Privacy clothes dignity, once privacy is invaded, dignity is exposed
Historically, the right to privacy was conceived to protect the dignity of human interactions. Warren and Brandeis – fondly referred to as the “fathers of privacy” advocated for the right to privacy in their famous 1890 Harvard Law Review Article titled the ‘Right to Privacy’ by briefly locating dignity in their argument for the protection of privacy thus:
“It remains to consider what are the limitations of this right to privacy and what remedies may be granted for the enforcement of the right. To determine in advance of experience the exact line at which the dignity and convenience of the individual must yield to the demands of public welfare or of private justice would be a difficult task.”
Without going too theoretical, privacy undoubtedly covers the dignity of whatever vices idiosyncrasies or habits humans indulge in within their private confines. For context, the Yorubas would say “Ile eni la ti nje ekute onidodo” meaning, it is in the privacy of one’s home that one eats rats with navel.” I made this argument in a paper co-delivered at the University of Oxford titled ‘Translating universal rights into local practices: Privacy, technology, and postcoloniality in Nigeria’s legal regime for data governance’ in 2023, that irrespective of the omission of the right to privacy in the African Charter, provision on the right to dignity in the instrument potentially makes up for the error since privacy also serves the ends of dignity.
In Engonga and his co-travellers’ case, the public exposure of their ‘private’ videos have arguably stripped them of the measure of dignity they once enjoyed. The once respected anti-corruption czar is now a subject of ridicule, insults, abuses and worst of all, undignifying digital footprints, social media memes and gifs which may not leave the Internet for a very long time. He has been called many unprinted and undignifying names and is even now subject to prosecution. His dignity has suffered a huge blow from which he may never recover – all these because his privacy was invaded by the persons who gained access to his intimate moments on tape.
3. Privacy often transcends personal rights
Even though privacy is often discussed from an individualistic perspective in the West, it is practically communal in Africa. The effect of privacy violations usually touches the victims’ relatives and acquaintances in more measure. In Engonga’s case, even though it was his house that was searched but the effects of the revelations are even more damaging to the other supporting characters in the scenes than the main actor. His nuclear and perhaps, extended family are not also spared from the embarrassment of the incident. For context, the Nigerian Constitution describes privacy as the “right to private and family life”, hence where privacy is invaded, family life (encompassing other members of the victim’s family) are also impacted. The husbands and children of the other women involved in the series of sex scenes are also as embarrassed and scandalised as the actors of the scenes.
4. Privacy and (right to) life
Barely 24 hours after the leak, one of the women involved reportedly committed suicide as a result of shock or shame from the revealing videos. I have once argued in many fora that privacy is intrinsically linked to livelihood. Hence, where privacy is invaded, its effect may prejudice the victim’s right to life.
My Lord, Agim JCA (now JSC) had once pronounced in Paul Ojoma v. State (2014) LPELR–2294(CA) and Chika Enyinnaya v. The State (2014) LPELR–22924(CA) that: “Privacy at its most fundamental level is the right to be left alone. This suggests that a zone surrounds every individual within which he or she should be protected from intrusion by others. It is the most valuable of all rights.”
Probably, the deceased could not see any other reason to be alive upon the damaging publication of her very intimate secrets, hence her right to life succumbed to the invasion of her privacy. A similar scenario has played out in other climes where victims of privacy invasion committed suicide while groaning under the effect of the damaging nature of the intrusion.
One of the interests protected by privacy is the publication of embarrassing private facts and this is recognised under Nigerian law. Happily, we were able to move the High Court of Lagos State to recognise this interest in Suit No. LD/14893MFHR/2023 between Adewale and Timothy where Sule-Amzat, J. held that: “The right to privacy is one of the fundamental rights of an individual guaranteed under the 1999 Constitution of the Federal Republic of Nigeria. The right to privacy protects an individual from the invasion of his/her privacy by anyone, it protects an individual from the public disclosure of embarrassing facts and it prevents the appropriation of an individual’s name or likeness for commercial use.”
Conclusion
The release of private sex videos, particularly without consent, underscores the profound impact that violations of privacy can have on individuals’ dignity, mental well-being, and even their right to life. The tragic outcome in this case, where one of the women involved took her own life, highlights the extreme consequences of such breaches of privacy. These events reveal how recorded deeply personal moments, when shared, can devastate an individual’s sense of self-worth, security, and humanity.
