by Legalnaija | Nov 2, 2024 | Blawg
Juvenile #EndBadGovernance# Protesters, Data Accuracy and the Consequences of a Weak Data Protection Framework | By Olumide Babalola
Introduction
On the 1st day of November 2024, the Nigerian social media space was greeted with sympathy-drawing, emotion-laden still and motion images of some Nigeria children (irrespective of their ages, they are still children to their parents) arraigned before the Federal High Court after about 80 days in detention. When one of them slumped from alleged symptoms of malnourishment and hunger, his age and competence to face trial became an issue so much that a leading counsel in the prosecution team openly declared that the defendants are not minors and that most of them are already married with children.
The extrajudicial vituperations from the public and counter-assertions from the prosecution raise a data protection issue around the accuracy of personal data – the defendants’ accurate ages as well as the prosecution’s statutory obligation as a data controller. I will briefly discuss this in the successive paragraphs but it must be quickly reiterated that criminal prosecutions are not wholly exempted from the coverage of the Nigeria Data Protection Act, 2023. For clarity, the exemption does not obliterate law enforcement agencies’ obligation to comply with principles of data protection (see section 3(2)(a) NDPA which clearly “excludes” principles from the exemptions.
Data accuracy in the context of the prosecution’s position
Accuracy – a cardinal principle of data protection imposes a duty on data controllers to ensure that personal data they process (i.e collect, use, store, share etc) are accurate and kept up to date. The Nigeria Data Protection Act 2023 (NDPA) specifically requests that such data must not be misleading (see section 24(1)(e). In the case at hand, the police and prosecution are the data controllers who are mandated to ensure that the defendants’ personal data collected and used for their prosecution are accurate and not misleading.
The prosecution team announced to the entire world that the defendants are not minors but a look at the charge sheet says otherwise. For the avoidance of doubt, on the charge sheet with number FHC/ABJ/CR/503/2024, Umar Musa is 15; Muhammadu Mustapha 16; Ibrahim Rabiu 16; Muhammed Musa 14 etc. Since these are the recorded ages of some of the defendants, then the prosecution’s position is misleading since these are still minors under Nigerian law.
Verification of Children’s data
Going by the recorded ages on the charge sheet, some of these defendants are still minors while others are not thereby raising another data protection query – How did the Police ascertain their ages? The NDPA mandates controllers to be circumspect when processing children’s data. The law requires controllers to apply appropriate mechanism to verify the ages of children before processing their data. (See section 31(2).
In the decision in Emen Akpan v The State (1999) LPELR (CA), the Court of Appeal reiterated the methods of verifying a defendant’s age including: birth certificate or other direct evidence as to the date of birth, and in the absence of such evidence, a certificate signed by a medical officer in the service of the Government giving his opinion as to such age. In this case, the prosecution has curiously fixed the ages of the children without any identifiable mechanism for verifying their ages – this comes with a barrage of privacy and data protection consequences.
Consequence of inaccurate data
The prosecution’s careless and somewhat erroneous arrogation of inaccurate ages to the defendants has many legal implications touching on the latter’s rights, freedom, mode of trial, safeguards and other entitlements. For the sake of argument, assuming the ages of all defendants are rightly recorded as minors, then the choice of court ought to be different i.e they should all have been charged at the juvenile court. Perhaps, they would not also have been remanded in the regular prisons. Ultimately, they would not also be subjected to full trial of the offence alleged.
In conclusion, the failure of the police to verify the ages of children arraigned in court underscores a critical gap in Nigeria’s data protection framework. This lapse can be directly linked to the systemic issues plaguing the Nigeria Data Protection Commission, including inadequate funding, the prolonged omission to appoint governing council members, and the lack of harmonization among the various data registries in the country. These deficiencies not only hinder the effective enforcement of data protection laws but also compromise the rights and welfare of vulnerable populations, particularly children. To address these challenges, it is imperative for the government to prioritize the funding and operationalization of the data protection regulator, ensuring that it can independently and effectively oversee compliance and promote a culture of accountability in data management practices. Without these foundational steps, the integrity of the judicial process and the protection of citizens’ rights remain at significant risk.
by Legalnaija | Oct 12, 2024 | Blawg
Book on Fintech Law and Practice in Nigeria Launches with Roundtable Discussion at University of Aberdee
The University of Aberdeen is set to host the launch of Fintech Law and Practice in Nigeria, a pioneering work by author Davidson Oturu, on October 30th, 2024. The event will take place at the Centre for Commercial Law and will feature a roundtable discussion titled “Shaping the Future: Roundtable on Fintech and Digital Markets in Africa,” running from 12:30 PM to 2:00 PM GMT.
The roundtable will examine the transformative role of fintech and digital markets in reshaping Africa’s economic landscape. As digital financial services rapidly expand globally, Africa is positioning itself as a leader in fintech innovation. However, significant challenges remain in regulation, cross-border trade, digital inclusion, and market access.
This discussion will highlight how regional trade agreements like the African Continental Free Trade Area (AfCFTA) are fostering a more integrated digital economy. It will also explore fintech’s potential to drive economic development, enhance financial access, and stimulate innovation within African markets.
The panel of experts includes:
• Dr. Ify Ogo, PhD – Regional Specialist on the AfCFTA at the United Nations Development Programme (UNDP)
• Davidson Oturu – General Partner at Nubia Capital and Author of Fintech Law and Practice in Nigeria
• Dr. Titilayo Adebola – Senior Lecturer at the University of Aberdeen and Director of the Centre for Commercial Law
This event is designed for legal practitioners, academics, entrepreneurs, and anyone with an interest in the evolving fintech landscape. Attendees will have the opportunity to engage with thought leaders and explore collaborative opportunities among stakeholders, including policymakers, entrepreneurs, and investors.
by Legalnaija | Oct 4, 2024 | Blawg
Davidson Oturu Launches Book On Fintech Law And Practice
Davidson Oturu, a legal practitioner and investor, is set to release his book, Fintech Law and Practice in Nigeria, a comprehensive legal guide that explores the rapidly evolving fintech industry in Nigeria. This essential resource provides key insights into the legal and regulatory landscape that governs the country’s thriving fintech sector.
Fintech Law and Practice in Nigeria addresses critical issues, including regulatory frameworks, compliance challenges, intellectual property concerns, and the impact of emerging technologies such as blockchain, cryptocurrencies, and AI on financial services. The book also features case studies, legal analysis, and practical advice for lawyers, entrepreneurs, and investors navigating this dynamic space.
Davidson Oturu, who has an extensive background in fintech and intellectual property, is renowned for his role in shaping the Nigeria Startup Act and other key regulatory initiatives. He was also part of the Securities and Exchange Commission Roadmap Committee that drafted a framework for the use of fintech in Nigeria’s capital market. With this book, Oturu offers a guide for stakeholders to understand the complexities of fintech law and seize opportunities in Nigeria’s fintech market, one of the fastest-growing sectors in Africa.
The book will be launched on October 30, 2024, at the Centre for Commercial Law, Global South Law Research Network, University of Aberdeen and there will also be a roundtable on the development of fintech on the African continent.
Speaking ahead of the launch, Oturu noted, “Fintech Law and Practice in Nigeria aims to provide a clear legal roadmap for entrepreneurs, investors, and legal professionals. The book is a result of my experiences and active participation in creating policies that facilitate innovation while safeguarding stakeholders in this fast-growing sector.”
The book launch at the University of Aberdeen is expected to draw legal scholars, industry leaders, and policymakers, offering an invaluable platform for discussions on the future of fintech regulation in emerging markets.
The book will be available for purchase on Amazon, Google Books, Barnes & Noble, and other bookstores locally and internationally.
Davidson Oturu was a partner at AELEX, where he led the firm’s fintech, technology and startup practice and has a passion for innovation in the tech space. He is presently a general partner at Nubia Capital, a venture capital firm, and played a pivotal role in drafting the Nigeria Startup Act. Oturu has been recognized in numerous legal directories, including Chambers Fintech Guide, Chambers Global, Legal 500, IFLR1000 and Who’s Who Legal.
Copies will be available on the Legalnaija bookstore www.legalnaija.com
#fintech #fintechlaw #newbookalert #fintechbook #davidsonoturu #legalnaija
by Legalnaija | Oct 4, 2024 | Blawg
We are excited to introduce Mr. Hakeem Ogunniran as the Chairman of our ICSAN Lagos State Chapter Annual Summit 2024!
He is the Founder and CEO of Eximia Realty Co Ltd and Non-Executive Chairman of Lagos Building Investment Co. Plc and brings a wealth of expertise in corporate governance and leadership. With board roles at Reall U.K. and a track record of success at UACN Property Development Co. Plc, where he was named one of the top 20 CEOs on the Nigerian Stock Exchange in 2013, he is a true industry leader.
He has a law degree from the University of Lagos, an LL.M, an MBA, and prestigious executive training from Harvard and London Business Schools. Mr. Ogunniran has garnered accolades like the Kwame Nkrumah Award for Corporate Governance Excellence.
Mr. Ogunniran’s extensive experience, insights and leadership will undoubtedly guide impactful discussions on best practices and governance strategies.
Event Details:
Registration Rates:
Early Bird (ends Tuesday 8 October 2024):
– Members: N30,000
– Non-Members: N35,000
Regular:
– Members: N40,000
– Non-Members: N45,000
Payment Details:
Access Bank
Account Number: 0016319840
Account Name: ICSAN Lagos State Chapter
Upon payment, please register with this link and upload payment details;
https://lnkd.in/dWr9Z49z
#corporategoverance #summitchairman #icsanlagosstatechapter
#innovation #icsanlagossummit24 #leadership #industryexpert #icsanlagoscgweek24 #ICSANLagosCGWeek24 #cgweek24
by Legalnaija | Oct 3, 2024 | Blawg
We are thrilled to present our Keynote Speaker for the ICSAN Lagos State Chapter Annual Summit 2024!
Dr Stanley is the Chief Executive Officer of Zest (formerly Stanbic IBTC Financial Services Limited), a fintech arm of Stanbic IBTC Holdings PLC. As a trailblazer in the financial technology industry, he serves as President of the Fintech Association of Nigeria (FINTECHNGR) and is a key member of several esteemed advisory councils and committees, including the Committee of e-Business Industry Heads of Nigeria (CeBIH) and the Chartered Institute of Bankers of Nigeria (CIBN).
Dr Stanley’s career is a tapestry of leadership roles across top-tier organizations such as Mastercard, Ecobank Group, and Standard Chartered Bank. Notably, he was the pioneering Chief Operating Officer of Fortis Mobile Money in Nigeria. With a Doctorate in Green Finance from UCAM, Spain, an MBA in Technology Management, and executive education from renowned institutions like the University of Oxford and MIT. Dr Stanley is a highly respected fellow and member of numerous professional bodies, including the Chartered Institute of Bankers of Nigeria and the Institute of Directors.
Event Details:
• Early Bird Registration (Ends Tuesday, October 8, 2024):
Members: N30,000
Non-Members: N35,000
• Regular Registration:
Members: N40,000
Non-Members: N45,000
Payment Details:
Access Bank
Account Number: 0016319840
Account Name: ICSAN Lagos State Chapter
Once payment is made, complete your registration by uploading your payment details through the link below: https://lnkd.in/dWr9Z49z
#corporategoverance #summitkeynotespeaker#icsanlagosstatechapter #keynotespeaker #innovation #icsanlagossummit24
#industryexpert #icsanlagoscgweek24 #ICSANLagosCGWeek24 #CGWeek24
by Legalnaija | Sep 23, 2024 | Blawg
Professor Olawuyi , SAN makes case for increased support for the media to drive sustainablity awarenes
Frontline international law expert and global vice chair of the International Law Association, Professor Damilola Olawuyi (SAN) has called for increased financial and technical support for media practitioners in Africa, so that they can effectively play their crucial roles of driving public discourse and awareness on all aspects of the United Nations Sustainable Development Goals (SDGs).
The Senior Advocate of Nigeria (SAN), who is also a UNESCO Chair on Environmental Law and Sustainable Development HBKU, made these remarks while delivering a compelling guest lecture at the Hiwar Scholars Seminar held at Northwestern University, in Doha, Qatar (NUQ). Themed “Climate and Sustainability Reporting in Africa: The Role of the Media”, the event brought together academics, students and stakeholders in media who converged under the aegis of NUQ’s Hiwar Speaker Series. The event featured opening remarks from Professor Zachary Wright, associate dean for faculty affairs at NUQ, while the session was moderated by the chairperson of the Africana studies minor at NUQ, Professor James Michael Hodapp. Also in attendance was Dean Susan L. Karamanian of the Hamad bin Khalifa University law college.
While emphasing the role of the media in promoting public awareness on sustainablity, Professor Olawuyi, SAN noted that: “The media has significant power and skills to educate and create awareness on climate change and the SDGs; shape and maintain public discourse on sustainability; influence consumer choices through climate-aligned advertising; empower the public to understand their environmental rights; and most importantly serve as public watchdog and gatekeepers by shining the spotlight on success stories, while highlighting those that are often left behind, especially women, youth, indigenous and other vulnerable groups amongst others. However, lack of financial resources, limited support for capacity development and the constant fear of reprisals continue to serve as hinderance to active climate and sustainability-aligned media reporting in many parts of Africa.”
Olawuyi emphasized the need for international solidarity and development support, through targeted financial empowerment and reskilling initiatives that will empower African media practitioners to actively drive sustainablity focused reporting. Olawuyi also called on media practitioners to seize the momentum of the ongoing efforts to accelerate the SDGs, by using effective language, methods and channels of communication, both traditional and social media, to engage diverse African audiences on sustainability and climate action.
While also presenting findings from his latest book titled Net Zero and Natural Resources Law, published by Oxford University Press, Olawuyi called for concerted efforts to support media practitoners across Africa to be able to positively shape the narrative and highlight Africa’s success stories on sustainablity and net zero transition.
He noted that this new book outlines the risk mitigation strategies and contractual techniques – focusing on net-zero and climate aligned sustainability reporting, financing, green procurement, climate-smart infrastructure development, transparent climate disclosures and reporting, gender justice, and other sustainability safeguards — that are required to ensure a just and inclusive energy transition.
by Legalnaija | Sep 20, 2024 | Blawg
In a very enlightening article titled: “Copyright Trolling in Use of Creative Common Licenses” written by a US based IP Expert, Daphne Mercy Ekpe, a fundamental aspect of creative common licenses was found to be the tool wielded for exploitation by copyright trolls.
The Creative Commons (CC)licenses were created with the noble intention of providing a mechanism that facilitates the easy accessibility and sharing of creative works to the public under minimal requirements. The licenses help forestall the need for complex and expensive legal negotiations for license agreement, fostering easy accessibility for users without jeopardizing the commercial value of the authors’ works.
In view of this primary goal, Daphne identified a growing problem that threatens this objective. This menace is the emergence of copyright trolls, who are empowered by the development of technologies like search tools such as Pixsy, that allow them to easily identify users that have not complied with the CC license agreement, specifically with the attribution requirement of crediting a copyright holder according to the terms of the license.
Copyright trolls prey on unsuspecting users. Daphne explains that the trolls lure users into thinking that CC licensed materials are safe to post, then police the use to find any infringers and demand payment for inadvertent mistakes. In an attempt to streamline the attribution requirement for users, the Creative Commons Community developed the version 4.0 of the CC license. Daphne highlighted that unlike the previous versions, users can now simply provide the website link to where used work(s) can be found, without precisely mentioning the author. Also, this version permits the recovery of terminated right, so far, the user corrects the breach within thirty days of its discovery.
While this change is a positive step, it still leaves out the menace of copyright trolls unaddressed, as they can still exploit the window between a breach and when such breach corrected, Daphne emphasized that the CC license version 4.0 doesn’t impede copyright trolls from taking advantage of users for the short time in which a creative work was used without authorization.
It must be noted that copyright trolls do not commit any illegal act per say, they are simply opportunists leveraging on the statutory damages under the US Copyright Act of 1976to exploit negligent or uneducated users who may not be familiar with IP law or the legal nuances of the license. Daphne pointed that copyright trolls target thousands of users, seeking quick settlements usually less expensive in comparison to what the defendant will spend to defend the claim.
Daphne recommended a more holistic approach, that will strike a balance between ensuring the attribution rights of writers are protected especially against willful infringements and the protection of unsuspecting/uneducated users from copyright trolls. The proposed solution centers on the development of a new version of the CC license, that prevents the automatic termination of the license rights upon a breach. According to her, the rights should remain unaffected within the window given to correct mistakes. In addition, she proposed the obligation of authors to notify users of any breaches for rectification before enforcement occurs.
This publication provides a brilliant exploration of the evolving landscape of copyright law, shedding light on how the attribution requirement under CC licenses has been weaponized by copyright trolls to exploit unsuspecting users, proposing crucial changes that will protect the interests of all parties involved. Hence, this is a must-read for IP policymakers, creators, users, legal professionals and the creative commons community.
Read the article here; https://www.researchgate.net/publication/383876372_Copyright_Trolling_in_Use_of_Creative_Commons_Licenses
About the Author
Daphne Ekpe is an acclaimed legal professional whose exceptional blend of academic excellence, innovative research, and dedicated advocacy has significantly impacted the field of Intellectual Property (IP) and Technology. Daphne’s illustrious academic journey began with a Bachelor of Laws from the University of Ibadan, Nigeria, followed by a Master of Laws (LLM) in IP and Technology Law from the American University Washington College of Law. Her outstanding performance earned her a merit scholarship, and she graduated with honors. Her research paper, “Copyright Trolling in the Use of Creative Commons License,” published in the American University IP Brief, demonstrates her ability to propose innovative solutions to complex legal issues and this publication has contributed significantly to the ongoing debate on copyright law and creative commons licensing. Daphne provides invaluable legal support to startups and entrepreneurs, specializing in copyright and trademark protection for emerging technologies and creative ventures. As a thought leader in IP law, she frequently shares insights on cutting-edge legal issues and innovative strategies in the IP space, making her a sought-after professional. She is a dedicated advocate for IP rights awareness in underrepresented communities.
by Legalnaija | Sep 18, 2024 | Blawg, Book
Customer Review Highlight On The Legalnaija Bookstor
Being the only online bookstore for lawyers in Nigeria has been an interesting and challenging journey, filled with both rewarding moments and tough obstacles. We have had extremely satisfied customers like this customer in Lagos who wrote;
“At first I was unsure whether to trust Legal Naija especially as you didn’t offer a pay on delivery service. However, the books are relatively affordable, high quality, and not pirated.You are genuine with seamlessly timeous delivery.”
– N. Egbumokei (Lagos)
We have also had customers whose books were delivered late like the customer in Kano who wrote;
“You’re indeed a reliable law bookstore. Your law books are such worthy that any serious legal practitioner must have them on his bookshelf. However, my only problem with you is the way of your delivery. For those of us who’re outside your place of business, it takes up to two weeks or more before the books we order reach us. I sometimes even started thinking that I might have been trapped by scammers due to the time the books took before they reached my destination. Anyway, you’re reliable. Thanks.”
– M. Mahmoud (Kano)
While we’re thrilled to hear that our law books are a must-have for any serious legal practitioner! Your trust means the world to us. We acknowledge the delivery delays for our customers outside our immediate area and are actively working to improve this in collaboration with our delivery Partners. We’re committed to ensuring faster and more reliable delivery times so you can get your essential legal resources without the wait.
At Legalnaija, we’re dedicated to providing the best resources for your legal journey. Visit us to discover a wide range of legal texts, guides, and more. You can always access over 150 law books and resources on www.legalnaija.com/store.
You can also get 10% off all your orders this month of September when you use the voucher code: NQ4CYAVV at check out.
Explore the World of Legal Knowledge at Legalnaija Bookstore! Stay tuned for updates on new arrivals, events, and exclusive offers!
Thank you for your patience and continued support!
by Legalnaija | Sep 15, 2024 | Blawg, Book
Attention Lawyers and Law Firms! Update Your Library With International Textbooks And Law Reports
Enhance your legal library with premium law reports and resources available at the @Legalnaija Bookstore. We offer a wide range of essential legal texts to support your practice:
1. Criminal Appeal Reports (1909-2014)
2. Atkins Court Forms 2D** – Complete set of 90 volumes
3. Atkins Court Form
4. All England Law Reports
– 1950-2000
– 1950-2002
– 1945-2009
– 1558-1935
5. Encyclopedia of Forms and Precedents- 110 volumes
6. Encyclopedia of Forms and Precedents 4th Ed
7. Halsbury Statutes:
– 80 vols set for
– 90 vols set for
– 100 vols set
8. Weekly Law Reports- 500 mixed volumes
9. Weekly Law Reports (1953-2008)
10. Weekly Law Reports (1953-2012)
11. Atkins Court Forms- 100 volumes set
12. Criminal Appeal Reports (1909-2014)
13. Current Law Statutes (1976-2012)- Around 200 volumes
14. Cambridge Law Journal (1969-2007)
15. Bankruptcy and Personal Insolvency (2002-2013)
16. Lloyds Law Reports (1976-2012)
17. Butterworths Company Cases (1984-2011)
18. Journal of Planning and Environmental (1987-2017)
19. Industrial Relations Law Journal (1984-2003)
Don’t miss out on these invaluable resources! Visit our bookstore today and elevate your legal practice with the best in legal literature.
To order copies, send a mail to hello@legalnaija.com or call 09029755663.
by Legalnaija | Sep 13, 2024 | Blawg, Book
Discover the Latest Additions at Legalnaija Bookstore!
We’re excited to announce that our bookstore has been updated with a fantastic selection of new law books! Whether you’re a seasoned lawyer, a law student, or simply passionate about legal knowledge, we have something for everyone.
Explore our diverse collection, including titles on criminal law, corporate governance, human rights, and more. Here are just a few of the new arrivals.
Visit https://www.legalnaija.com/store to browse and order your copies today.
Stay informed, stay ahead. Happy reading!
Legalnaija Team
#legalnaija #bookstore #nigerianlawyers #lawbooks #lawpublications #law #legal #legalnaijabookstore
