by Legalnaija | Aug 20, 2025 | Blawg
New Arrivals at the Legalnaija Bookstore: Calling All Lawyers, Law Firms & Legal Scholars
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by Legalnaija | Aug 18, 2025 | Blawg
MODE OF ENFORCEMENT OR SETTING ASIDE AN ARBITRAL AWARD; ORIGINATING MOTION OR A MOTION ON NOTICE? – A BRIEF COMMENTARY ON ZAMTRAC MANAGEMENT & CITY INVESTMENT LTD V. HAJIYA HALIMA BABANGIDA
Over the years, yet-to-be litigants have agreed in advance on various modes by which any disagreement that may arise from their contractual relations may be settled. Arbitration is one of these alternative dispute resolution mechanisms which allow parties to settle their differences outside of the formal courtroom, with relaxed rules and greater chances of arriving at a win-win situation. This is in clear contrast with the “winner takes all” procedure obtainable in the courtroom litigation.
The Nigerian legal system has also seen the need to encourage the use of these alternative dispute resolutions and our jurisprudence is rich with several holdings of appellate courts endorsing these alternate techniques of disputes resolution as part of concerted efforts to attain substantial justice. The reasoning behind this is not far-fetched as many of these alternative dispute resolution mechanisms are products of contract. Thus, if the parties have, at the time of entering a contract, agreed that every or a specific type of disputes that may arise in the course of their relation must be resolved by arbitration, the law ought to enforce that their desire without a second thought.
Despite these seemingly settled judicial positions however, enforcement of arbitral awards in Nigeria still poses a significant challenge. Sometimes, it begs the question whether there was any merit in first submitting to arbitration and thereafter commencing the procedure for the enforcement and recognition of an award – a process which may end up ultimately in a litigation up to the Supreme Court.
Parties who are aggrieved by an award proffer all manner of excuses, many bordering on absurdities, to call on the High Court and later the appellate courts to set aside an arbitral award published by an Arbitrator. Some of these cosmetic conspiracies were resolved in the twin appeals before the Court of Appeal in Zamtrac Management & City Investment Ltd v. Hajiya Halima Babangida (CA/ABJ/CV/226/2022 & CA/ABJ/CV/494/2022, respectively).2
BRIEF FACTS OF THE CASE LEADING TO THE APPEALS
By a Property Development Agreement, the parties agreed to mutually beneficial terms contained in the said agreement. The contract was for the development of six (6) units of five-bedroom (5) terrace structures on the Respondent’s land. The Appellant, amongst other things defaulted in meeting up with the contractually agreed duration of construction and unilaterally extended the time for delivery of the houses to the Respondent. Despite its own extension, the Appellant still failed to meet its own newly set deadlines. The Respondent therefore, by a notice, terminated the contract.
Further aggrieved by the breach of contract, the Respondent commenced an action at the High Court of the Federal Capital Territory, Abuja sitting at Kubwa, against the Appellant – the Developer. The FCT High Court, sitting in Kubwa, referred parties to arbitration, and the Appellant participated in the arbitral proceedings. Upon the conclusion of arbitral proceedings, an award was published in favour of the Respondent. Consequently, upon the publication of the award, in compliance with the rules of the lower court as well as the Arbitration Rules, the Respondent filed a motion on notice before the High Court of the FCT sitting in Kubwa, which referred the matter to arbitration, to commence recognition and enforcement of the Final Award.
The Appellant (Zamtrac) served with the application, and in response to the application for enforcement of the award, the Appellant filed a counter affidavit/written address thereto on 10th March, 2021. However, despite the pendency of these proceedings, the Appellant in the same breadth also proceeded to file an Originating Motion with a new suit number at FCT High Court, sitting in Gudu, Abuja, before another Judge purportedly seeking to set aside the award of the Arbitrator AND staying the proceedings of the High Court in Kubwa.
Expectedly, the Respondent objected to the procedure adopted by the Appellant in filing a new suit but the Appellant insisted that the procedure was appropriate.
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The application for enforcement and recognition of arbitral award before the FCT High Court in Kubwa therefore proceeded to hearing4 and the court delivered a considered ruling recognizing and enforcing the arbitral award against the appellant.
The Appellant’s new suit (originating motion) before the FCT High Court sitting in Gudu was also heard on its merits and eventually declared an abuse of court process in view of the pendency of the proceedings to the knowledge of the Appellant, about the existence of those proceedings.
It is against these two rulings of the FCT High Court that the Appellant appealed to the court of appeal seeking to set aside the recognition and enforcement of the award of arbitrator in CA/ABJ/226/2022 and the ruling dismissing its originating application to set aside the award in CA/ABJ/494/2022, as abuse of court process.
ARGUMENTS AT THE COURT OF APPEAL
In respect of the its new suit that was dismissed on the ground of being an abuse of court process, the Appellant argued, quite correctly, that it is trite that where a legislation has prescribed a particular means of doing a thing, that mode and no other is acceptable in law.
It further relied on the provisions of section 29 and 30 of the Arbitration and Conciliation Act, 1988 and other judicial authorities5 to submit that to enforce an arbitral award, an originating motion ought to be filed, instead of a motion on notice. It therefore urged the Court of Appeal to set aside the decision of the trial court as being flawed.
The Respondent on the other hand contended that the procedure for the enforcement and/or setting aside of an award is clear. She relied on the provisions of sections 29 and 30 of ACA as well as Order 43 Rules 1 (1) and (2) of the High Court of the Federal Capital Territory (Civil Procedure) Rules, 2018 which provides for the mode of bringing an application before the FCT High Court.
Specifically, it was argued that the rules of FCT High Court provides for manner of application for setting aside an award. Order 43 Rule 5
(1) of the Rules provides as follows:
“(1) Every motion on notice to set aside, remit or enforce an arbitral award shall state in general terms the grounds of the application and where any such motion is based on evidence by affidavit, a copy of the affidavit intended to be used shall be served with the notice of motion.”
(Underlining ours for emphasis)
Faced with these submissions, the Court of Appeal had to determine the intendment of the law makers as well as the drafters of the rules of court regarding the appropriate manner of commencing proceedings to either enforce or set aside an arbitral award; whether it is by an originating motion or by a motion on notice.
RESOLUTION OF THE COURT
The Court, in a unanimous decision delivered by H.A. BARKA, PJCA, held at pages 8-13 of the judgment as follows:
“In the resolution of this issue, it is my humble view that the area in dispute is indeed very narrow, being that the dispute flows from whether by the intendment of sections 29 and 30, of the Arbitration and Conciliation Act, an application for the enforcement of an arbitral award can only be commenced by way of an originating summons as against a motion on notice. For proper appreciation of the two sections, I reproduce the contents of the two provisions thusly…. From a holistic understanding of the cited sections of the law, it is evident that the submissions of the learned Appellant’s counsel cannot be sustained. In the recent decision of the Apex Court in A.G. bayelsa
- Odele (2025) 4 NWLR (Pt. 1982) 385, relying on its earlier decision in Nitel Ltd v. Okeke (2017) 9 NWLR (Pt.1571) 439 the fact that arbitration proceedings are sui generis was emphasized. An arbitral award is regarded as a final and conclusive judgment on all matters referred and the courts are enjoined as far as possible to uphold and enforce arbitral awards owing to the fact that it is a mode of dispute resolution voluntarily agreed by the parties. The method for the initiation of an application is governed by the rules of court, and as rightly argued by the learned counsel for the Respondent, the provisions of order 43 Rule 1 (1) and (2) of the High court of the Federal Capital Territory (Civil Procedure) Rules, 2018…. Furthermore, specifically providing for an application to set aside an Arbitral award, the manner of bringing the application to the court was stated in Order 43 Rule 5 (1) of the Rules as follows…. The learned counsel for the Appellant’s insistence that the application ought to have been made by way of an originating motion is clearly indefensible and unsustainable… I fail to see any iota of merit in this appeal, and accordingly dismiss the same.”
Her Ladyship, E. S. Nyesom-Wike, JCA, in her contribution to the lead judgment, held at page 4 thereof thus:
“For the records, Order 43 Rule 5 (1) of the High Court of the Federal capital Territory (Civil Procedure) Rules, 2018 provides that enforcement of award or application to set aside has to be by motion on notice. This method and no other, is allowed. Therefore the Appellant has relied on authorities unfavourable to it.
It should be noted that had there been no pending suit and the Respondent commenced his enforcement of the arbitral award by motion on notice, that motion on notice, whether designated as “Originating Motion” or not, remains an originating motion. Originating motion is just a motion that originates a proceeding or commences a suit. Whether the person commencing the suit adds “Originating” or not, does not make it less of an originating motion. What I am trying to say is that the word “originating” ahead of the motion on notice or even motion ex parte is only to indicate that it is an originating process and not just a mere motion. However, a motion is a motion. In the same vein, had there been no pending suit or enforcement proceeding for the award, any motion on notice to set aside the award, would be an originating motion, whether designated “motion on notice” or “originating motion”. Whatever be the case, there is no law that states that to set aside, it has to be done by a fresh action. Issue one of the Appellant, completely lacks merit.”
From the above holding of the Court of Appeal, it is without doubt that the Court has taken the view that going by the express provisions of the rules of the FCT High Court, a motion on notice is the appropriate mode of enforcement or setting aside an arbitral award. Mutandi mutantis, the trite position that where the law has prescribed a means of doing a thing, that means and no other is acceptable; applies. It is worth noting that the obiter of Nyesome-Wike JCA seeks to deepen the jurisprudence when her Ladyship stated what ought to be the position in situations that are not exactly on all fours with the instant case. The learned justice’s declaration that “a motion is a motion” though may be wrongly construed as conflicting with her previous position that the mode recognized by law to set aside an award is by a motion on notice; it is indeed illustrative of other situations when a suit may not be pending and a party wants to challenge such award. Filing a Motion on Notice, even if it is not christened “Originating Motion on Notice” will suffice.
CONCLUSION
It is therefore safe to conclude that as it relates to the making of an application for the enforcement of an arbitral award, the acceptable mode is by a motion on notice.6 Ditto, for an application to set aside an arbitral award. This, in the writer’s respectful view, is among the procedural challenges to the enforcement of arbitral awards that ought to be restricted by legislation. Otherwise, for as long as seemingly ridiculous arguments as these are allowed in relations to enforcement of arbitral award proceedings, it defeats the entire essence of the arbitration which seeks to provide a more time/cost-efficient means of resolving parties’ disputes.6 This position will apply to arbitral awards sought to be enforced/set aside in the Federal Capital Territory, Abuja Nigeria or any state that has provisions in pari materia in their respective State High Court Rules. In any case, like the appellate court had stated in this case, a motion is a motion. It is the circumstance upon which the party is filing a “motion” that will be used to determine whether it is “originating’ or not.
References
1.Abdulkabir Badmos, a legal practitioner writes from Abuja, Nigeria. He can be reached on aabadmos08@gmail.com or on X (formerly Twitter) at @MrBadmos_
2. In this piece, the writer examines some of these legal issues and the recent resolution of the court on the appropriate mode of setting aside an arbitral award.
3 Stating the specific judicial division(s) in this piece is important given that issues of abuse judicial process was the crux of Appeal No.: CA/ABJ/CV/494/2022.
4 It is worthy of note that the Appellant’s counsel failed to adopt his processes in this suit on the ground that he does not have his client’s instructions to do so. The application was therefore largely unchallenged.
5 KSUDB v. Fanz Const. Co. LTd (1990) 4 NWLR (Pt.142) 1.
6 This position will apply to arbitral awards sought to be enforced/set aside in the Federal Capital Territory, Abuja Nigeria or any state that has provisions in pari materia in their respective State High Court Rules. In any case, like the appellate court had stated in this case, a motion is a motion. It is the circumstance upon which the party is filing a “motion” that will be used to determine whether it is “originating’ or not.
Abdulkabir A. Badmos, Esq.
Legal practitioner writes from Abuja, Nigeria. aabadmos08@gmail.com
Tweets on X (formerly Twitter) at @MrBadmos_
18th August, 2025.
by Legalnaija | Aug 9, 2025 | Blawg
Dear Barristers and Solicitors of the Federal Republic,
You’ve been drafting, defending, and decoding legalese all week. Now it’s time to drop the wig, hang the gown, and enter soft life mode. Because even the Constitution didn’t say you must suffer!
Here’s your weekend brief—no citations required:
Sleep Like NEPA Took Light and You Don’t Care
No court sittings. No “urgent” WhatsApp. Just you, your fan (or AC if God has buttered your bread), and uninterrupted sleep. If you wake up and it’s afternoon—case closed.
Chop Life—Literally
Amala and gbegiri? Jollof that slaps harder than a cross-examination? Eat like you just won a landmark case—even if all you did was survive Third Mainland traffic.
Put Your Phone on Airplane Mode (Even If You’re Not Flying)
Your inbox will be fine. That client who thinks Saturday is for legal advice? Tell them you’re observing constitutional rest.
Do Something That Has Zero Legal Relevance
Watch Nollywood. Dance to Asake. Paint something wild. The goal is joy, not billable hours.
Be a Couch SAN (Senior Advocate of Netflix)
Laugh till your belly hurts. Bonus points if you do it in your wrapper or boxers with chilled zobo in hand.
Rest no be laziness o—it’s strategy.
So this weekend, forget “Your Lordship” and embrace “Your Lounge-ship.” Monday will come, but for now, na soft life dey reign.
by Legalnaija | Aug 7, 2025 | Blawg
To enhance the abilities of Chief Executive Officers and leaders of public and private institutions to effectively apply international law in boosting win-win trade, investment and development opportunities, the Nigerian Institute of Advanced Legal Studies (NIALS), in partnership with the International Law Association invites applications for its new Senior Executive Course in International Law and Sustainable Development.
This two part course will be held in Abuja and Abu Dhabi, United Arab Emirates.
Key Program Features
In-depth legal and policy instruction using primary sources and case law
Strategic capstone project and international negotiation simulations
Access to the 7th ASSELLMU Conference on Environmental Law in the Digital Age
One-on-one executive coaching and 360° leadership assessment
Distinguished guest faculty and policy practitioners
Optional financial literacy course
Alumni networking and post-program mentorship
Register here:
https://studies.ila-nigeria.org.ng/the-senior-executive-course-in-international-law-and-sustainable-development/
by Legalnaija | Jul 24, 2025 | Blawg
On 23rd September 2023, Suella Braverman, The Home Secretary of The United Kingdom made a speech regarding illegal immigration at the Conservative conference in Manchester, England. She asserted that uncontrolled and illegal migration is an “existential challenge for the political and cultural institutions of the West”.[1] The Home Secretary added “uncontrolled immigration, inadequate integration, and a misguided dogma of multiculturalism have proven a toxic combination for Europe over the last few decades.”[2] Mrs. Braverman’s speech was met with resounding uproar from NGOs, campaigners, politicians and human rights groups who viewed the Home Secretary’s statement as a nod to stop immigrants from coming to the UK’s borders by any means necessary.
As the topic states, illegal immigration is a global phenomenon and a big issue for a lot of so-called “developed countries”. There are millions of illegal immigrants across the globe. Since the start of the 21st century, the numbers of displaced people has increased from 38 million to nearly 86 million.[3] According to the U.S. Department of Homeland Security, there are approximately 10.5 million illegal immigrants living in the United States.[4]According to the British Broadcasting Corporation (BBC), there may have been between 800,000 and 1.2 million illegal migrants living in the UK in 2017.[5] All these statistics indicate that illegal migration across the globe has doubled since 2000. This article shall define what illegal immigration means, the reasons for illegal immigration and its impact on the world at large.
According to the Cambridge dictionary, an illegal immigrant is someone who lives or works in another country when they do not have the legal right to do so.[6] An illegal immigrant is often classified as an undocumented immigrant. Illegal immigration, on the other hand, is the arrival of people from one country into another country without entering via legal methods.[7] What this means is that people who migrate to another country without legal documents are illegal immigrants.
There are several reasons for illegal immigration such as poverty, overpopulation, wars, natural disasters, deprivation of citizenship, family reunification and asylum. The primary reason for illegal immigration is due to wars. Conflict in any country leads to displacement of people. As a result of this, many people seek safety in another country via asylum. There are many examples of this such as the recent Russian-Ukrainian war where millions of Ukrainians have fled to neighboring countries such as Russia, Poland, Moldova and Romania. According to the United Nations, more than five million Ukrainian refugees have left for neighbouring countries, while seven million Ukrainians are presumed to be displaced within Ukraine itself.[8] The war between Israel and Hamas had led to the evacuation of thousands of Palestinians to neighboring countries such as Egypt, Lebanon and Jordan.
Poverty is the secondary reason for illegal immigration. Millions of people emigrate illegally for economic reasons. In my country Nigeria, for example, thousands of people have illegally migrated to Europe via the Sahara in search of greener pastures due to poor mismanagement of the economy. Thousands of Venezuelans are crossing the border to Colombia due to economic uncertainty at home. Overpopulation is another reason for illegal migration. When the population growth of a country outstrips the carrying capacity of area, it leads to overpopulation. Human population explosions can lead to issues such as lack of water, pollution and poverty. These problems may cause people to flee their country of origin to foreign countries through illegal means. A classic example of this is the mass emigration of Mexicans to the U.S. Mexico, with a population of over 120 million people, is very densely populated, has a weak and unstable economy and is a haven for drug cartels. China and India are the most populous countries in the world and as such, have the largest diaspora in the world.
There is also something called “population size imbalance”. This occurs when the population of a region/continent continues to outstrip that of a neighboring continent/region. For example, whereas the populations of Latin America and the Caribbean and North America where about the same size in 1950, today the population of Latin America is nearly double that of Northern America and is projected to remain so for a while.[9]
Natural disaster is one of the factors encouraging illegal immigration. Millions of people around the globe have been displace due to weather related (natural disaster) issues such as flooding, earthquakes, storms, wildfires and extreme heat. The UNHCR (United Nations Human Rights Commission) has estimated that an annual average of nearly 22 million people have been forcibly driven from their homeland by natural disasters.[10] Deprivation of citizenship is another reason for illegal immigration. Ethnic groups that have been stripped of citizenship by the state end up being stateless. As such, they don’t have the necessary legal documents to migrate to other countries and end up becoming illegal immigrants. A good example of this is the Rohingya muslims. The military junta of Myanmar (Burma) stripped the Rohingya of their Burma citizenship, classing them as illegal immigrants and rendering them stateless.
The issue of family reunification is also another catalyst for illegal immigration. Many illegal immigrants desire to live with relatives who already reside in a country that they (the illegals) are not allowed to enter, such as a spouse of other family members. There are many people who overstay the terms set out in their visas in the jurisdiction they are in with no intention of going back to their home countries. They are called visa overstayers. A lot of these people arrive with a visiting visa and end up staying in the destined country after their visas expire. For example, during the Summer Olympics in Australia in 2000, many athletes from different corners of the globe overstayed their visa.
Impact of Illegal Immigration
The impact of illegal immigration across the globe could either be positive or negative depending on one’s perspective. The impacts of illegal immigration are as follows:
- A strain on a country’s Public Facilities
Illegal immigration causes a strain on a many countries public facilities as the “illegals” utilize public services such as health facilities, public schools, transportation and public housing without paying taxes.
- Loss of jobs for citizens of destination country:
Several governments see illegal immigrants as a threat to their citizens when it comes to the job market. Illegal immigrants are willing to work for lower pay in contrast to the local population. For example, illegal Mexican laborers are willing to do dirty jobs such as gardening, cotton picking and trash collecting at a cheaper rate than American citizens. The same goes with Eastern European immigrants in the United Kingdom.
- Injury and Illness:
The pursuit of employment is a primary reason for illegal international migration. Ac recent statistics from the U.S. Census Bureau affirms that undocumented immigrants in the United States often work in dangerous industries such as agriculture and construction. Another study suggests that the complex web of consequences resulting from illegal immigration status limits illegal workers’ ability to stay safe at work. Apart from the physical dangers that illegal immigrants are exposed to at work, the choice to move across borders in search of employment entails work-related lifestyle factors that affect the physical, social and mental well-being of immigrants and their loved ones.[11]
- Rise in Criminal and Terrorist Activities:
One of the problems with illegal immigration is that a good number of illegals are involved in criminal activities. Illegal immigration brings about both good and bad eggs to any society. There are numerous examples of illegal immigrants committing crimes in their host country. For example, the rise of illegal immigration in Sweden and Denmark led to the increase in criminal related activities such as rape and assault.
- Death:
Another effect of illegal immigration is the increasing death rate of illegal immigrants attempting to make it to their preferred destination. Every year, many African illegal immigrants die trying to get into Europe by boat from North Africa. Smugglers make empty promises of “safe passage” to Europe but only a few survive that journey.
- Sexual Exploitation:
An unfortunate trend with illegal immigration is the sexual exploitation of illegal immigrants otherwise known as sex trafficking. Sex trafficking encompasses the range of activities involved when a trafficker deploys a variety of methods such as force or coercion to compel another person to engage in a commercial sex act.[12]In 2016, it is estimated that nearly four million adults and one million minors were forced into sexual labor.[13]This number would have doubled since then due to higher levels of unemployment as a result of the COVID-19 pandemic and the Russian-Ukrainian war.
Conclusion
Illegal immigration is a global issue that affects many countries across the globe. The recent economic downturn has led to the rise of right-wing populist parties across Europe. Many countries are tightening their borders making illegal immigration very difficult. Despite this, illegal immigration continues to increase due to high unemployment figures in the global south, wars (such as the civil war in South Sudan and the Russian-Ukrainian war) and globalization. These figures will continue to rise until the economic disparity between the developed north and the poor south is closed.
BIBLIOGRAPHY
[1] https://news.sky.com/story/home-secretary-suella-braverman-calls-for-reform-of-global-asylum-system-in-us-speech-12970458
[2] https://news.sky.com/story/home-secretary-suella-braverman-calls-for-reform-of-global-asylum-system-in-us-speech-12970458
[3] https://www.globalissues.org/news/2022/12/01/32550
[4] https://news.gallup.com/businessjournal/24448/Real-Impact-Illegal-Immigration.aspx
[5] https://www.bbc.co.uk/news/uk-50420307
[6] https://dictionary.cambridge.org/dictionary/english/illegal-immigrant
[7] https://www.sciencedirect.com/topics/social-sciences/illegal-immigration
[8] https://www.bbc.com/news/world-60555472.
[9] https://www.globalissues.org/news/2021/10/27/29174
[10] https://www.glo78balissues.org/news/2022/12/01/32550
[11] https://eartheclipse.com/environment/issue/causes-effects-illegal-immigration.html
[12] https://www.state.gov/humantrafficking-about-human-trafficking/
[13] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10113716/
Photo: cato.org
by Legalnaija | Jul 3, 2025 | Blawg, Uncategorized
Good afternoon, distinguished guests, colleagues, friends, and partners.
I am pleased to welcome you all to the 19th Annual International Business Law Conference of the Nigerian Bar Association, Section on Business Law.
We are gathered here today not just for another conference but for what has become a defining tradition: an annual meeting of minds across industries, disciplines, borders, and generations. And it is fitting that we return to this space, Lagos, Nigeria’s commercial heart, to reflect, learn, and chart a way forward in our legal profession.
The theme of this year’s conference, “The Future of Business Law in an Intelligent Age,”could not be more timely. We are witnessing a global redefinition of how business is conducted, how information is processed, and how value is created. Artificial intelligence, data ecosystems, and predictive technologies are no longer ideas on the horizon; they arehere and now – today’s realities that we must engage with directly, as lawyers, as business leaders, as policymakers, and as players in every economic space.
This moment demands that we, as a legal community, become not just participants but shapers of the future. We cannot afford to remain observers on the sidelines of technological change. We must be architects of legal frameworks that are responsive, adaptive, and bold enough to embrace the unknown without sacrificing our principles. This means strengthening our engagement with regulators, legislators, and institutions, ensuring that the law evolves alongside innovation, not behind it.
Through plenaries, breakout sessions, fireside chats, master classes, and informal conversations, we will interrogate the intersection of law, innovation, regulation, investment, and impact. This year, we are especially honoured to have His Highness, Khalifa Muhammad Sanusi II, deliver our keynote address; his experience as a reformer and thought leader will set a powerful tone for the work ahead. Over the next 3 (three) days, we will explore how emerging technologies are transforming industries, from manufacturing and aviation to fintech, healthcare, entertainment, and education, and ask ourselves what role we must play to ensure that business law remains not only relevant but indispensable in shaping the future. This year’s programme has been carefully curated to ensure that we are leading the ongoing discussions around shaping contextually relevant, commercially sound, and socially conscious responses.
This conference is not just about the future of business law; it is about the future of business. As Africa positions itself as a hub for innovation, trade, and investment, the Nigerian legal community has a critical role to play in shaping policies, fostering trust, and driving the integrity of markets across the continent. What we discuss here will echo far beyond this hall, and the ripple effects of our ideas and actions will be felt in boardrooms, courtrooms, startups, government houses, and classrooms.
What makes this gathering truly powerful is not just the programme, it is the people. This
year, we welcome over a thousand delegates, seasoned professionals, young lawyers, regulators, senior advocates and leaders of this profession, public servants, entrepreneurs, creatives, and investors. Each of you brings your experience, perspectives, and energy. I encourage everyone connect, collaborate, contribute. To the lawyers, I say this – whether you advise multinationals, lead internal legal teams, or represent SMEs navigating change,
there is something for everyone here: insight, tools, and connections that can strengthen how you show up in your role and for your clients.
I would like to thank the President of the Nigerian Bar Association, Mazi Afam Osigwe, SAN, for his leadership of our bar, and his support for this Section. I would also like to thank the executives of the NBA who at various times alongside our President have provided support and guidance to me in my role as the chairman of this section. Let me take a moment to acknowledge and thank the phenomenal team that made this conference possible, the 2025
Conference Planning Committee under the committed leadership of Ms. Solape Peters (Chair) and Mr. Oludare Senbore (Vice chair). I also thank our sponsors and partners, whose support reflects their belief in the importance of this platform. To all our resource persons who have so graciously committed their time and expertise – you have our
gratitude. And the SBL Executive Committee and Secretariat, whose tireless behind-thescenes work has brought this vision to life – thank you. Over the past year, we have deepened our investment in capacity-building, expanded our digital footprint, and created new spaces for dialogue across sectors. The SBL continues to evolve, and I am proud of the energy, inclusiveness, and direction this leadership team has championed.
As we open this 19th edition of the NBA-SBL Conference, let us remind ourselves that we are here not just to witness change, but to influence it. Not just to talk, but to act. Not just to listen, but to lead.
I hope that by the time we leave this venue in a few days, we will do so with more than just conference bags and notebooks; we will go with new ideas, new relationships, new perspectives, and a renewed commitment to making business law work for this intelligent, ever-evolving age. On behalf of the NBA-SBL Executive Committee and the Conference Planning Committee, I welcome you all.
Thank you.
by Legalnaija | Jun 20, 2025 | Blawg
The Nigerian Institute of Chartered Arbitrators (NICArb) is pleased to announce the signing of a landmark cooperation agreement with the China International Economic and Trade Arbitration Commission (CIETAC). This strategic partnership aims to enhance the arbitration and Alternative Dispute Resolution (ADR) landscape and foster stronger economic and trade relations between Nigeria and China.
The signing ceremony took place during the China-Africa International Arbitration Cooperation Conference /China-Africa Trade Export in Changsha, Hunan Province, China. The President/Chairman, Professor Fabian Ajogwu, OFR, SAN was represented by the Registrar/CEO of NICArb Mrs Shola Oshodi- John who attended the event as a keynote speaker and panel discussant. Mr. WANG Chengjie, Vice Chairman and Secretary General of CIETAC represented CIETAC at the signing ceremony. The event took place 13th – 15th June 2025.
According to Mrs Oshodi-John, FCArb, the agreement marks a significant milestone in the collaboration between the two leading arbitration institutions. Under the terms of the agreement, NICArb and CIETAC will work together to promote arbitration and mediation as a preferred method of dispute resolution in international trade and investment. The cooperation will include the exchange of ideas, joint hosting of seminars, conferences, and training programs to enhance the skills and knowledge of arbitrators in both countries. This agreement represents a significant step forward in our efforts to strengthen Nigeria’s arbitration and mediation frameworks and build closer ties with our counterparts in China. We are confident that this partnership will lead to more efficient and effective commercial dispute resolution, benefiting both countries’ businesses and investors.”
Mr. Wang Chengjie, Vice Chairman of CIETAC, echoed these sentiments, saying, “We are delighted to partner with NICArb in this important initiative. By working together, we can leverage our collective expertise to promote arbitration and mediation as a reliable and efficient means of resolving disputes. This cooperation will undoubtedly contribute to the growth of economic and trade relations between China and Nigeria.”
The Nigerian Institute of Chartered Arbitrators (NICArb) is the premier Arbitration and Alternative Dispute Resolution (ADR) Institute in Sub-Saharan Africa, founded in 1979 by the late renowned legal luminary and former Judge of the World Court in The Hague, Prince Bola Ajibola SAN, KBE, CFR. NICArb is dedicated to promoting the practice and growth of arbitration and ADR in Nigeria. CIETAC, one of the world’s leading arbitration institutions, has a long history of providing high-quality arbitration services for international commercial disputes.
This cooperation agreement is expected to pave the way for increased collaboration and knowledge sharing between NICArb and CIETAC, ultimately contributing to the advancement of arbitration and mediation practices in Nigeria and China.
by Legalnaija | Jun 16, 2025 | Blawg
The 2025 NBA Lagos Law Conference brought together some of the sharpest minds and most influential voices in Nigeria’s legal landscape—and they did not disappoint. Over the course of this dynamic gathering, thought-provoking commentary, bold declarations, and powerful insights echoed through every panel and plenary. In this post, we’ve curated 17 memorable quotes that capture the spirit, challenges, and aspirations that defined today’s event.
- “As lawyers, it is our responsibility to contribute to the fight against corruption and uphold the integrity of our profession.”
- Dr Musa Adamu Aliyu SAN – Chairman ICPC
- “There are several issues that need to be addressed, and it is essential for lawyers to take a proactive role in promoting accountability and transparency.”
- Dr Musa Adamu Aliyu SAN – Chairman ICPC
- The Regulation of Technology and the use of artificial intelligence (AI) in our practice is becoming increasingly prevalent, and it is crucial that we regulate its use to prevent potential abuses. Self-regulation is essential, as external forces may impose regulations if we fail to do so.”
- Dr Musa Adamu Aliyu – ICPC Chairman
- Conduct of lawyers in Court must be scrutinized, the NBA must put its feet down and maintain ethical standards. Correcting lawyers now is difficult as this might land a judge a petition written against him or her… Nigeria does not have a policy on AI, and this is not good. More needs to be done in this regard.”
- Honourable Justice Isaac Essien NICN
- “The critical problem we have as lawyers is that the NBA is unable to fully participate in decision-making. In the LPA, there is no role for the NBA. As such, there is a need for us to interrogate this. We are handicapped and we need to flee from the shackles of government.
- Panel Chair Olisa Agbakoba SAN
- “AI is a phenomenal tool, but we have to know how to handle it. We must control it. Someone with human discretion must over see it, if not, AI can land you in trouble.” –
- “In using AI, don’t use it as a shortcut rather, learn to use AI tools to teach yourself.”
- Rotimi Ogunyemi, Managing Partner, BOC Legal
- “It is also important to note that law is very jurisdiction specific. Thus, research tools have to be fine-tuned to your jurisdiction to be safe.”
- “If you’re not looking at using technology now as a lawyer, you will be sidelined. So it’s time to go into the field.” –
- Oktay Curebal, CEO of Fifty2
- On whether AI will replace Human Judgment?
“There would be some level of replacement because there are services/platforms online today that help people conduct certain tasks and help them make decisions easily rather than going to an expert.”
- Chike Obianwu, SAN, Deputy Managing Partner, Templars
- Artificial intelligence is only a co-pilot. The legal practitioner is the captain.” –
- Oktay curebal, CEO of Fifty2
- All professions are under attack, and we need collective action amongst all.the stakeholders to be able to move things “
– Mr. Soji Apampa, Chairman, Convention of Business Integrity
- On whether AI will replace Human Judgment?
“There would be some level of replacement because there are services/platforms online today that help people conduct certain tasks and help them make decisions easily rather than going to an expert.”
- Chike Obianwu, SAN, Deputy Managing Partner, Templars
- “Artificial intelligence is only a co-pilot. The legal practitioner is the captain.” –
- Oktay Cürebal, CEO of Fifty2
- “The Nigerian Bar Association must learn to self regulate so that outsiders will not regulate the NBA.”
- Mrs Titi Akinlawon SAN, Founding Partner, Akinlawon & Ojomo
- “Companies are critical users of legal services. Lawyers and the judiciary define everything we do. However, there are challenges they face with the judicial system, for example, being a victim of an exparte injunction, which was to elapse in 7 days, but it took them 7months to vacate.
The judiciary has therefore become a nightmare for today, and we have no confidence in the judiciary as we won’t get justice at all, or it’s going to take us so long to get us justice. Hence, when we go into an agreement today, we try to ensure it doesn’t lead to litigation.”
- We are more emotional beings than we are rational. We all lack a sense of common wealth, and until we develop on this, we are going to have a lot of problems. We need to stop the culture of begging. We need to make sanctions apply as this will make people sit up.” –
- Abimbola Akeredolu, SAN, Partner, Banwo & Ighodalo/ Former Attorney General of Ogun State
Spanning an entire week, the NBA Lagos Law Conference 2025 is more than just a moment—it’s a movement. With daily sessions, networking mixers, and groundbreaking conversations, the energy is set to ripple across the legal community for months to come. As you share your experience, insights, and favorite moments online, don’t forget to tag @Legalnaija to keep the conversation going and help amplify the voices shaping the future of law in Nigeria. Let’s take the dialogue beyond the venue and into the world.
#NBALagos2025 #Legalnaija
#annuallawconference25
#Letsbelawyersagain
#nbalagos
#nbalagosconference2025
by Legalnaija | Jun 12, 2025 | Blawg
DOA’s 4th TMT Business Series Charts Path from Startup Buzz to Digital Infrastructure
The 4th Annual TMT Business Series, hosted by commercial law firm Duale, Ovia & Alex-Adedipe (DOA), took place on June 5, 2025, at the Civic Centre, Victoria Island, Lagos. With the theme “Beyond the Startup Frenzy: Building the Infrastructure for a Digital Nigeria,” the forum convened policymakers, investors, founders, and regulators to explore the future of Nigeria’s digital economy.
In the opening address, DOA Partner Omowunmi Sanni called for stronger legal, financial, and regulatory systems to support scalable innovation. She reiterated DOA’s commitment to enabling business growth through strategic legal support and cross-sector collaboration.
The keynote was delivered by the Honourable Minister of Communications, Innovation and Digital Economy, Dr. Bosun Tijani. He spotlighted national initiatives including the 3 Million Technical Talent (3MTT) Program, the National Artificial Intelligence Strategy, and the country’s broadband expansion goals. He stressed the importance of digital infrastructure and inclusive policy frameworks in bridging economic divides and driving long-term transformation.
In a fireside chat moderated by Lehle Balde, Dr. Tijani emphasized the role of identity systems, payment infrastructure, and data interoperability in building a competitive digital economy.
Two expert-led panels followed. The first, Tech Profitability Playbook – Who’s Really Winning?, moderated by Esohe Ibinoba (Venture Builder), featured Ashim Egunjobi (Managing Partner, Octerra Capital), Mudiaga Mowoe (CEO, MATTA), Dr. Dotun Olowoporoku (Managing Partner, Ventures Platform), Deepankar Rustagi (CEO, OmniRetail), and Biola Alabi (Venture Partner, Delta40). They discussed sustainability, value creation, founder evolution, and the need to digitize Nigeria’s informal sector.
The second panel, Innovation & Regulation – Finding Common Ground, was moderated by Morayo Adebayo Adisa (Director, Government Affairs and Policy, Mastercard, West Africa) and featured Olatunbosun Alake (Honourable Commissioner, Ministry of Innovation, Science and Technology, Lagos State) Florence Abebe (Head of Legal, FCCPC), Ezichim Oweagba (Head, Institutional Partnerships, Quidax), and Johnson Oyewo (Senior Manager, Regulatory Affairs, MTN Nigeria). Speakers explored inclusive policymaking, regulatory agility, consumer protection, compliance by design, and regulatory sandboxes for digital innovation.
A key highlight was the pitch competition, where eleven startups pitched solutions spanning health, fintech, sustainability, and education. Trashcoin Limited emerged winner of ₦10 million in legal services, while Kryptr IP Enterprise Ltd and Pay U Technology Ltd won ₦5 million and ₦3 million in Legal Representation respectively. Judges included Iretimipo Kukoyi (Managing Partner, Kaleo Ventures), Yomi Jemibewon (Co-Founder, CardinalStone Capital Advisers), Samson Esemuede (Managing Director, Zrosk Investment Management), and Yewande Adewusi (COO, Alitheia Capital).
The 2025 edition reinforced DOA’s positioning as a key legal partner in building the systems and structures that power Nigeria’s digital future.
by Legalnaija | Jun 10, 2025 | Blawg
In business and personal dealings, clarity is everything. That’s where written agreements come in—they establish clear expectations, minimize misunderstandings, and provide legal protection. Whether you’re entering a partnership, hiring a contractor, or securing a loan, having the terms in writing ensures that everyone is on the same page.
Here’s why written agreements matter:
– Clarity & Certainty: They outline obligations, timelines, and expectations, leaving no room for vague interpretations.
– Legal Protection: A well-drafted agreement serves as evidence in case of disputes, making it easier to enforce rights.
– Accountability: By documenting responsibilities, they ensure all parties uphold their end of the bargain.
– Prevention of Disputes: Clear agreements reduce the likelihood of conflicts by addressing potential issues upfront.
Without a written agreement, verbal promises can easily be forgotten or misrepresented. To safeguard your interests, always ensure your agreements are documented and legally sound.
Need to create a legally binding agreement? Visit @Legalnaija on https://www.legalnaija.com to get started.
