by Legalnaija | Apr 25, 2024 | Blawg
Amendment of Section 24 of the Cybercrimes (Prohibition, Prevention etc) Act 2015: A Fruit of Strategic Litigation | Olumide Babalola
Introduction
Strategic litigation has been defined as “using legal means aiming to ‘bring about broad societal changes beyond the scope of the individual case at hand” (ECCHR) – this simple definition clearly resonates with the subject of this article.
When in 2015, the Federal Government enacted the Cybercrimes (Prohibition, Prevention etc) Act (the Act), the legislation immediately became a ready-made tool of oppression used by politicians against investigative journalists and other voices of dissent. Consequently, in 2016, three civil societies approached me to challenge its constitutionality in court and that marked the beginning of the long-drawn legal battle spanning eight years across national and regional courts.
The offensive provision
Section 24 of the Act provide(d) that:
“Any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that –
(a) is grossly offensive, …or causes any such message or matter to be so sent …commits an offence under this Act and shall be liable on conviction to a fine of not more than N7,000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.”
Our umbrage was against the use of the word “offensive” since it was neither defined nor described under the Act, hence subject to self-centred and inconsistent interpretation by whoever sought to use them.
The Legal battles
On the 23rd day of May 2016, we filed an originating summons at the Federal High Court sitting in Lagos predominantly seeking a declaration that section 24 of the Act violates freedom of speech. The suit was heard by Hon. Justice M.B Idris (now JSC) who struck it out on the 20th day of January 2017.
Undeterred in our quest to rid our laws of such an archaic provision, we approached the Court of Appeal but before the appeal was struck out on the 1st day of June 2018, the court perhaps, appreciated our strategic litigation drive when the presiding justice, Justice J.S. Ikyegh (of blessed memory) held that:
“I commend Mr. Babalola, of learned counsel for the appellants, for the industry and research put in the brief for the appeal and, also, for the secondary copies of the foreign decisions and materials learned counsel graciously made available to the Court for the appeal.”
(Reported as Inc. Trustees of Paradigm Initiative and Attorney General of the Federation (2018) LPELR – 46655(CA).
Even though at that time, it seemed we lost the appeal but now it is clear we actually won! I will explain this later. Again, we proceeded to the Supreme Court where we lodged another appeal and filed our brief since 2019 but up till this moment, no date has been fixed for the appeal due to the unimaginable workload of the apex court – I hope the judiciary finds a way out of this unpleasant reality soon!.
Our strategic (litigation) move
The Community Court of Justice (ECOWAS) court presents another avenue for litigants to ventilate their issues where they cannot get justice before the national courts. Unlike the African Commission, the ECOWAS court does not have a procedural rule that requires the exhaustion of local remedies before approaching the court.
So, in 2018, we represented another civil society before the ECOWAS court where the same provisions were challenged and thankfully on the 10th day of July 2020, the court delivered judgment in our favour thus:
“The Defendant State (Nigeria), by adopting the provisions of section 24 of the Cybercrime (Prohibition, Prevention etc) Act 2015 violated Articles 9(2) of the African Charter on Human and Peoples Rights and 19(3) of the International Covenant on Civil and Political Rights.”
The court then consequently ordered Nigeria to repeal or amend Section 24 of the Cybercrime Act 2015 in accordance with her obligations under the African Charter and International Covenant on Civil and Political Rights (ICCPR). (See Inc. Trustees of Laws and Rights Awareness Initiative v Federal Republic of Nigeria (ECW/CCJ/JUD/16/20).
Like many other ECOWAS court decisions, the judgment was not obeyed by the Nigerian government, hence we wrote letters to the Attorney General of the Federation and we even filed other strategic suits for the interpretation of relevant sections of the Constitution including questions on whether or not the Attorney General is duty-bound to advise the government to comply with judgments of the ECOWAS court – the appeal is still pending.
The Results after eight years of litigation
Finally, on the 28th day of February 2024, the Federal Government signed into law the Cybercrimes (Prohibition, Prevention etc) (Amendment Act) giving effect the judgment of the ECOWAS Court.
The nebulous and problematic part of Section 24 (reproduced above) has now been repealed and replaced to read:
“Any person who knowingly or intentionally sends a message or other matter by means of computer systems or network that –
(a) Pornographic: or
(b) He knows to be false, for the purpose of causing a breakdown of law and order, posting a threat to life or causing such message to be sent… commits an offence under this Act and shall be liable on conviction to a fine of not more than N7,000,000.00 or imprisonment for a term of not more than 3 years or to both such fine and imprisonment.” (Emphasis mine).
This new-look section 24 even though not Eldorado, is a better version which aligns more with democratic dictates and expectations.
Other low-hanging fruits for privacy and data protection.
At the Court of Appeal, before striking out the appeal, Hon. Justice B.A. Georgewill, JCA significantly held that:
“I only wish to state that the provision of Section 38 of the Cybercrime (Prohibition, Prevention etc) Act 2015, though neither unconstitutional: nor null and void, needs a further look at by the National Assembly of the Federal Republic of Nigeria with a view to, in my respectful opinion, amending it to subject the exercise of powers or right to request for the release of any information required to be kept by service providers to the order of a Court of competent jurisdiction to be obtained upon an exparte application on due particulars showing prima facie reason why such information or data should be released by the service provider to the ‘Relevant Authority’. In my humble opinion to leave the provisions of Subsections 2(b) and 3 of Section 38 of the Cybercrime Act, 2015 as it is would clearly be and indeed amount to an invitation and encouragement of unbridled interference with the rights of the citizen to the privacy of their communications at the whims and Caprices of the relevant authority and or law enforcement agencies. There should he some form of legal checks on the wide discretion given to the relevant authority and law enforcement agencies in the operation of the Cybercrime Act 2015, more particularly in a developing democracy such as ours where abuse and or arbitrary use of powers is wont to occur. The provisions of Sections 37 and 39 of the Constitution of Nigeria 1999 (as amended), though not absolute, is sacrosanct and must not be made nonsense of by provisions of any law capable of exposing these rights to jeopardy without any legal check.”
As a remote or proximate reaction to the court’s admonition above, section 38 of the Act has also been amended to read:
“(1) A service provider shall keep and protect specific traffic data and subscriber information in accordance with the provision of the Nigeria Data Protection Act and as may be prescribed by the relevant authority for the time being, responsible for the regulation of communication services in Nigeria, for a period of two years”
This amendment is also commendable since it recognises the NDPA as the principal Act regulating access to personal data (including traffic data).
Conclusively, strategic litigation does not always have to end in court victories, focus should be on its effect on policy change and societal consciousness. It is comforting to see the much-abused section 24 of the Act amended into a better-looking provision. Kudos to the civil societies that championed this cause.
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by Legalnaija | Apr 23, 2024 | Blawg
Everyone should be a part of the @doalaw TMT Business Law Breakfast Series 2024!
Duale, Ovia and Alex-Adedipe (DOA) is putting together an amazing Technology, Media and Telecommunication (TMT) Business Law Breakfast Series.
The Session will speak on “Fostering Innovation and Investments through Enabling Policies, Viable Business & Economic Environment”, will include a fireside chat, panel sessions among other amazing things lined up.
Partner, Duale, Ovia & Alex-Adeleke, Adeleke Alex-Adedipe, will give the opening remarks at the event, and the first session on “Unlocking Investments: Policies, Reforms and Regulations” will be moderated by Adeniyi Duale, Partner, Duale Ovia & Alex-Adedipe, while the panellists are Olatubosun Alake, Commissioner for Science, Innovation and Technology, Lagos State; Adesuwa Okunbo-Rhodes, Founder and Managing Partner, Aruwa Capital Management; Femi Ogunjimi, Co-Founder and MD, CardinalStone Capital Advisers; Olumide Soyombo, Angel Investor and Co-Founder, Voltron Capital, BlueChip Technologies Limited, and Tosin Eniolorunda, Founder and Group CEO, Moniepoint (formerly TeamApt).
Similarly, the second session on “Show Me the Money” will be moderated by Nichole Yembra, Founder and Managing Partner, The Chrysalis Company, while the panellists are Kola Aina, Founding Partner, Ventures Platform; Yanmo Omorogbe, COO and Co-Founder, Bamboo; Olu Oyinsan, Managing Partner, Oui Capital; Dr Femi Kuti, CEO, Reliance Health, and Tosin Faniro-Dada, Partner, Breega.
The event, which comes under the theme ‘The Nigerian Tech Ecosystem: Policies, Investments, and Global Trade’, will serve as a catalyst for collaboration, innovation, and growth in the Nigerian tech sector, DOA said earlier in a concept note announcing the opening of registration portal for the event.
Reflecting on the significance of the event, Managing Partner of the firm Adeleke Alex-Adedipe, noted its timely occurrence amidst substantial growth in Nigeria’s tech landscape.
#doable #legalnaija #doabreakfastsession
by Legalnaija | Apr 19, 2024 | Blawg
Like Nigerian Bobrisky, Like South African Mapodile, Can Nigerian Prisoners Claim Reasonable Expectation of (Bodily) Privacy?
Olumide Babalola
Introduction
When sometime in 2022, I read the South African decision in Tumelo Mapodile v The Minister of Correctional Services (2016) ZAGPJHC 174, it dawned on me that, sooner than later, the Nigerian Correctional facilities would have a similar issue on their hands. That day has come!
It is no longer news that on the 12th day of April 2024, the Nigerian cross-dresser, Idris Okuneye (Bobrisky) was sentenced to 6-months imprisonment for abusing the Nigerian currency. His sentence has been discussed from many perspectives but the part that caught my attention was the news report attributed to the Nigerian Correctional Service (NCS) that they will hold Bobrisky in a male correctional facility and “protect him from sexual predators”. In other words, the NCS has undertaken to protect Bobrisky’s privacy (bodily integrity) while in their custody. I will come back to this.
Facts of Mapodile’s case
Tumelo, a gay South African, was convicted and imprisoned in a male correctional centre. His fellow inmates considered him a female and repeatedly harassed him sexually. When he consequently wrote a letter to the prison authorities to put him in a solitary cell or together with people of similar sexual orientation, but his request was not acceded to, he approached the court for redress. In granting his application, the South African High Court (Gauteng division) per Mabesele, J held that:
“Gays who are in custody are part of the community of prisoners which include categories of prisoners mentioned in regulations (2) (f, h and i) and whose right to dignity, to privacy and to health care are protected due to their peculiar status. It is beyond debate that gays, too, have their own peculiar status. Therefore they are entitled to the same protection which is afforded to the categories of prisoners mentioned above. Such protection should not be limited to dignity and privacy but should include equality. The prison authorities are obliged to protect these rights and must not create an impression to the prison community and to gay people in particular, as in the present case, that elevating gays to the same level with the categories of prisoners mentioned in regulation (2) and accommodating them in separate cells is a favour. For these reasons, I granted order dated 06 April 2016.”
The decision above must however be understood, distinguished or (un)appreciated in the light of South Africa’s pro-homosexuality laws and jurisprudence. For context, in other decisions, the South African courts have peculiarly recognised gay rights and decriminalised homosexuality in deference to the right to privacy. (See National Coalition for Gay and Lesbian v Minister of Home Affairs and Others (1999) ZACC 17; National Coalition for Gay Lesbians Equality v Minister of Justice (1998) ZACC 15; Muri v Mutual and Federal Pension Fund (2002) 9 BPLR 3864; Satchwell v President of Republic of South Africa and Another [2002] ZACC 18; Du Toit and Another v The Minister of Welfare and Population Development [2002] ZACC 20; J and B v Home Affairs [2003] ZACC 3.)
Bobrisky’s case and the privacy angle
In Nigeria’s case, homosexuality remains a crime the last time I checked but that is not the crux of my intervention especially since Bobrisky was reported to have confirmed to the court that, he is male. Perhaps, the court and NCS were concerned for his sexual safety, hence the confirmation that he would be protected from sexual predators while in custody.
First, it is beyond doubt that a convicted person or a prisoner does not automatically lose his/her entitlement to the enjoyment of other fundamental rights apart from personal liberty, freedom of movement etc. As far as a prisoner’s privacy is concerned, even though it is extremely curtailed, it is not entirely eroded. Even though it is superficially contradictory for a prisoner to claim privacy, it is only when one views the right to privacy from a narrow prism that one concludes that prisoners lose the entirety of their privacy upon detention. For context, despite the terse jurisprudence on privacy in Nigeria, the Supreme Court has defined the right to privacy to imply “a right to protect … one’s body from unauthorised invasion”. (see M.D.P.D.T. v. Okonkwo (2001) 7 NWLR (Pt. 711) 206).
During his six-month’s term, Bobrisky still retains the right to protect his body from unauthorised sexual invasion which may await him from some sex-starved male prisoners if he is not protected by the authorities given his contradictory antecedents on social media depicting himself as a woman. While the State can validly intrude on prisoners’ privacy, the latter should enjoy a reasonable measure of bodily privacy from their fellow inmates, and they ought to be able to control how they are perceived by others – this is an interest protected by the right to privacy. Sebastian Hon, SAN notes that private life includes “The physical integrity of a person” and “the right to establish one’s details of identity as an individual human being” (see page 536-537 of S.T. Hon’s Constitutional and Migration Law in Nigeria published in 2016). Bobrisky has openly identified as a man in court, for the sanctity of his bodily privacy, the NCS’s decision to protect him from sexual predators is commendable and aligns with the constitutional provision that guarantees the privacy of citizens.
Conclusion
Imprisonment does not entirely extinguish all forms of the right to privacy. The Court of Appeal in Nwali v EBSIEC (2014) LPELR–23682(CA) interpreted ‘privacy of citizens’ to include: “citizens’ body… (including his plans and choices)… health…activities etc”. Hence, since Bobrisky is a Nigerian citizen, the respect for his privacy guaranteed under section 37 of the Constitution includes the protection of his body from sexual predators especially since he is more vulnerable as a result of his choices on social media and in life.
by Legalnaija | Apr 16, 2024 | Blawg
This article is the first part of the KS Legal Infrastructure & PPP series which will examine the levers of procuring and closing of PPP projects and programmes in Nigeria
In February 2024, the Federal Executive Council, under the directive of President Bola Ahmed Tinubu GCFR, approved the implementation of the recommendations in the Oronsaye Report .
Among these recommendations is the proposed merger of the Infrastructure Concession and Regulatory Commission (ICRC) with the Bureau of Public Enterprise (BPE), which will consolidate the oversight of the procurement of PPPs, concessions, and privatizations under the National Council for Privatization (NCP), chaired by the Vice President .
This reform, if fully implemented, with the necessary legislative action, promises to be the most significant overhaul of Nigeria’s framework for the procurement of Public-Private Partnerships (PPPs) and infrastructure concessions at the federal level in the last twenty years.
Institutional and Regulatory Framework for PPPs at the Federal Level
The Ministries Departments and Agencies of the Federal Government are generally responsible for project identification, prioritisation, development, and implementation within their respective sectors, working in tandem with regulatory agencies to facilitate successful PPP outcomes.
However, there are broadly two ways set out in the laws for federal PPP projects to be delivered i.e. taken from project identification through to commercial and financial close, wherein the contracts are signed between the government and the private sector party, financing is approved and disbursed by the lenders. These are the ‘BPE route’ and the ‘ICRC route’.
The current regulatory landscape is chiefly governed by two laws, the Public Enterprises (Privatization and Commercialization) Act of 1999 and the Infrastructure Concession Regulatory Commission Act of 2005.
The Infrastructure Concession Regulatory Commission Act 2005 (ICRC Act) is the law enabling and governing the participation of the private sector in the financing, construction, development, operation, or maintenance of infrastructure or development projects of the Federal Government Ministry, Agency, Corporation or body through concession or contractual arrangements entered into by the relevant Sector, Ministry or Agency .
The ICRC Act establishes the Infrastructure Concession Regulatory Commission (ICRC), tasked with overseeing concession agreements and ensuring compliance.
Conversely, the Public Enterprise (Privatization and Commercialization) Act 1999 (PEPC Act) governs the partial or full privatization and commercialization of public enterprises in Nigeria. The PEPC Act established the National Council on Privatization (NCP) under the chairmanship of the Vice President with the power to approve public enterprises to be privatised and commercialized . The PEPC Act also created the Bureau of Public Enterprises (BPE) with the mandate to implement and execute the NCP’s policy on privatization and commercialization.
Apart from the two main laws discussed above, the Public Procurement Act of 2007 which establishes the Bureau of Public procurement is also quite critical. This is the law and the body that oversees all public procurement processes including PPP project procurement, and ensures that all procurement methods, whether through the ICRC or the NCP, complies with legal and procedural requirements that safeguard public funds and promotes competition among bidders.
Regulatory Agency Dichotomy and Ambiguity
The NCP, in exercise of the powers conferred upon it pursuant to Sections 2 and 3 of the PEPC Act approved the commercialization of some public enterprises by way of concession under the Public Enterprises (Privatization and Commercialization) Order 2012. Consequently empowering the BPE to use concessions for the commercialization of government-owned enterprises.
The authorization of the BPE to engage in concessionary activities has crystalized into the existing dichotomy between the ICRC and BPE, by presenting a maze of overlapping regulatory responsibilities. This ambiguity has confounded investors and stakeholders involved in PPPs in deciding the route to embark on in originating, bidding and closing PPP projects in Nigeria.
Although the ICRC route grants significant autonomy to Ministers and the heads of Ministries, Departments and Agencies (MDAs) to shape the entire process, and even to expedite it. However, concerns linger over bid quality and project sustainability. For instance, is there a sufficient minimum mandatory scrutiny to ensure competitiveness and as a result ensuring the success of the best possible technical and financial bids with the most value for money under the ICRC bidding process?
Conversely, the NCP/BPE route is a rather slow process due to the multiple committee approvals projects must receive at the level of the BPE and the NCP from the various internal technical committees and from the Ministers and stakeholders in Council.
Recent directives such as the Presidential Directive of September 2020 have attempted to clarify responsibilities, The ICRC is to serve as the regulatory Agency for PPP transactions, with powers to inspect, supervise as well as monitor projects and process, on order to ensure compliance with relevant laws, policies and regulations while the BPE shall be responsible for the concession of already listed in the First and Second Schedules of the Public Enterprise (Privatization and Commercialization) Act 1999 and to act as the counterparty on behalf of the Federal Government alone or in conjunction with relevant MDAs on all infrastructure projects being developed on a public private partnership basis.
Despite the Federal Government’s efforts in streamlining the functions of the ICRC and BPE, operational disputes still persist.
Conclusion
The potential merger of the Infrastructure Concession and Regulatory Commission (ICRC) with the Bureau of Public Enterprise (BPE) represents a significant step towards enhancing the clarity and efficiency of Public-Private Partnership (PPP) procurement in Nigeria, particularly at the federal level. For investors, both domestic and foreign, this merger holds the promise of streamlining regulatory processes, reducing ambiguity, and fostering a more conducive environment for infrastructure investment.
By consolidating regulatory oversight under a single entity and aligning institutional frameworks, the merger aims to provide investors with greater certainty, transparency, and consistency throughout the PPP project lifecycle. Moreover, the synergy between the ICRC and BPE, under the umbrella of the National Council for Privatization, chaired by the Vice President, is poised to facilitate stronger policy coordination and strategic direction, bolstering investor confidence and attracting much-needed capital for critical infrastructure development. In the next part of this series we will examine the framework for executing PPP projects at the state or sub-national level, and the complexity of delivering projects across a diverse regulatory jurisdictions laws and insitutions.
References
– https://punchng.com/breaking-tinubu-orders-full-implementation-of-oronsanye-report%E2%81%A3-%E2%81%A3/ > accessed 18th March 2024.
– President Goodluck Ebele Jonathan set up the Stephen Oronsaye led committee to suggest reforms to streamline government agencies, reduce redundancy, and enhance operational efficiency in the executive branch of the Federal Government.
– https://von.gov.ng/wp-content/uploads/2024/02/Steve-Oronsaye-Report.pdf > accessed 18th March 2024.
– Section 1(1) ICRC Act
– Section 2(3) ICRC Act
– Section 6 of the PEPC Act defines public enterprises as any corporation, board, company or parastatal established under any enactment which the Government, a Ministry or agency has ownership, equity interests, partnership or any other form of business arrangement
– Section 9 PEPC Act 1999
– Section 11 PEPC Act 1999
– Section 12 PEPC Act 1999
– Circular Ref No SGF.50/S.37/II/749 dated 14th September 2020
by Legalnaija | Apr 9, 2024 | Blawg
Dear Charles,
As the sun marks the start of another day, we celebrate the milestone of your 40th birthday. It’s not just a measure of time, but a testament to the journey of a man who has lived with purpose and passion.
Your role as the NBA Assistant Publicity Secretary has been marked by dedication and a commitment to excellence. Your voice has been one of reason, your actions a reflection of integrity, and your presence a source of inspiration.
As we prepare to celebrate you on April, 12 (more…)
by Legalnaija | Apr 6, 2024 | Blawg
NBA-SBL Announces Lawyers Got Talent (LGT) 2.0
Lagos, Nigeria — Lawyers are often seen as people with formidable minds. However, beyond the courtroom facade lies an array of talents and untapped potential waiting to be unveiled.
In a world where the perception of lawyers as formal and workaholics prevails, The Nigerian Bar Association Section on Business Law (NBA-SBL) is on a mission to challenge this narrative, providing a platform for lawyers to showcase their talents outside the confines of traditional legal practice.
Therefore, building on the success of its inaugural edition, The Nigerian Bar Association (NBA) – Section on Business Law (SBL) proudly announces Lawyers Got Talent (LGT) 2.0, an extraordinary showcase of the multifaceted skills and passions of legal practitioners.
Reflecting on the upcoming event, Ose Okpeku, Chairman of the 2024 NBA-SBL Conference Planning Committee, expressed enthusiasm for the diverse talents that Lawyers Got Talent will showcase. “Our legal community is brimming with creativity and passion, and Lawyers Got Talent provides a platform to celebrate and honor these talents,” Ose Okpeku remarked. “We look forward to an unforgettable evening filled with inspiration and entertainment.”
According to the NBA, this year’s Lawyers Got Talent (LGT) is expected to deliver a heightened level of excitement and thrill. Attendees can expect an evening filled with pleasant surprises, entertainment, excitement, and mirth.
To qualify for the talent showcase, interested participants are invited to submit a 1-minute video showcasing their talent in one of the following categories: music (voice and instruments), poetry (Spoken words), or comedy.
Submissions should be sent to nbasblconference@gmail.com no later than May 2nd 2024. To be eligible for the talent show, participants must also register for the conference, adding an exciting incentive to secure their spots.
Prizes await the most outstanding performers, with cash rewards totaling over 2 Million Naira, for the top three winners. Beyond the allure of monetary prizes, Lawyers Got Talent offers participants a chance to connect with fellow legal professionals in a spirit of camaraderie and celebration.
Registration for the conference is ongoing. The link to the registration portal is www.nbasbl.org. For more information, please visit the NBA-SBL website at www.nbasbl.org or contact the Conference Secretariat at info@nbasbl.org.
For more information, please visit NBA-SBL on Instagram – @nbasbl and Twitter – @nbasblofficial or call the following Contact numbers: Johnson – 08032543244,
Harry – 08068000517 and Temitope – 08138492338.
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About the NBA SBL: The Nigerian Bar Association Section on Business Law Is committed to advancing the practice of business law within the legal community. Through conferences, publications, and educational initiatives, NBA SBL provides a platform for legal professionals to stay informed and connected.
by Legalnaija | Mar 29, 2024 | Blawg
The Annual General Conference held on the 21st and 22nd in Lagos, Nigeria. The conference opened with a pre-conference cocktail night where delegates had the opportunity to network and interact with other female lawyers on the first day of the conference.
Day 2 of the conference was the day of the main event and was opened with the recitation of the national anthem followed by opening remarks of the Chairperson of the Nigerian Bar Association Women Forum, Mrs. Chinyere Okorocha after which Mrs. Folashade Alli SAN, the chairperson of the planning committee of the 4th annual general conference gave a welcome speech.
After the welcome addresses, some dignitaries present were invited to give their good will messages. The Attorney General of Lagos, Honourable Lawal Pedro, Mrs Amina ably represented by Mrs. Funke Oduwole and the representative of the first lady of Ogun state amongst others gave their good will messages.
The conference kicked off in full with the keynote speech presented by the ever vibrant and change maker Mrs. Bolanle Austen-Peters who spoke to the theme of the conference “Beyond the Balance Sheet, Redefining Success for Women in Law” she urged Nigerian female lawyers to define what success means to them, to follow their passion and not allow other people or society define what happiness should mean to them. She suggested that the body in charge of conferring Senior advocate ranking look beyond court advocacy and that they should consider lawyers who work in-house and non-litigation lawyers generally. She opined that senior lawyers embrace the culture of mentoring young lawyers as the younger lawyers would be the one to take over the baton in few years to come. She left the audience with the words that a female lawyer also needs to balance her sheets as the goal is to be successful while also making the money.
After the speech, a question and answer section was anchored by the Chairperson of the Nigerian Bar Association Women Forum, Mrs. Chinyere Okorocha where she asked the keynote speakers questions regarding challenges she must have faced during the cause of her career in the creative industry which used to be men dominated before the emergence of women who dared to change the narrative. At the conclusion of this segment, the first panel session commenced. This section delved into how a professional ecosystem can be created for the female lawyer, the panelists narrated personal experiences and also encourage law firms and employers to put structures that will make the workplace enabling for women to thrive.
The second session which had seasoned lawyers like Mr. George Etomi, SAN, Mrs Kofo Dosekun speak about how a business of law is formed and managed. Mr. George Etomi, SAN from his wealth of experience gave three key insights which include employing or partnering with lawyers who can get the work in, ensuring that all jobs gotten are done to the best and lastly getting money into the firm to continue to finance the law firm business. Third section was on technology, the panelist gave examples of how women in law can leverage on technology. One of the panelists noted that gone are the days where female lawyers especially married women struggle with staying back at the office to finish a research work, a woman can now within the confines of her house do researches and access cases using platforms like the Law Pavilion.
The fourth session had panelists like Mrs. Funmi Roberts who spoke about how women in law should dress and compose themselves. Women in law are advised to remain authentic, dress appropriately, network and always speak in rooms where they find themselves. The fifth session had a mental health specialist Dr. Yusuf Kadiri, Mrs. Fatima Ibrahim-Ali, Professor Fabian Ajogwu, SAN and was moderated by Professor Foluke Dada. The panelists narrated personal experiences and advised young lawyers to ay attention to ow their body works. Women lawyers are advised to engage in activities that will help the stay healthy both physically and mentally.
The last session had women and very senior lawyers who have journeyed both the legal career and raising families. Professor Yemi Bamgbose, SAN, Mrs. Folashade Alli, SAN and Honourable Justice Ipaye shared their wealth of experience, challenges they have faced and triumphed while casing their career, the key takeaway from this session to a young female lawyer is that you can n have it all, the thriving career, successful life and an happy family life. The formal session of the conference was rounded off by the 6th session. Delegates and guests were excused to go and dress elegantly for the dinner which will mark the closing of the annual general conference.
The dinner held at the same venue, a keynote speech was given by the representative of the Dr. Olusin the CEO of Bank of Industry. Series of entertainment activities were done, awards were presented. The conference came to an end with the conclusion of the dinner. The conference was a resounding success and all participants were excited to have been of such an epoch making event.
by Legalnaija | Mar 26, 2024 | Blawg
INTRODUCTION
The National Inter-Faculty Competition is an initiative of the Academic Arm of the Redeemer’s University Law Students Society. It is currently being organized and planned by the National Inter-Faculty Competition (NIFC) Planning Committee, a subordinate committee created under the Redeemer’s University Law Students Society for the effective planning and administration of the National Inter-Faculty Competition (NIFC). The National Inter-Faculty Competition is named in honour of its patron Davidson Oturu.
In light of the recent and prevalent trends regarding technological advancement and the very concept of emerging technology globally The National Inter-Faculty Competition has been themed: The Legal and Ethical Implication of Emerging Technology.
The National Inter-Faculty Competition has been set to be divided into four stages:
– The Essay Stage: All registered faculties of law in Nigeria would be required to submit an essay centered on the topic From Pixels to Policy: Unraveling the Legal and Ethical Dimensions of Nigeria’s Emerging Digital Economy in accordance with the modalities provided in the NIFC rules of procedure. The faculties with the best essays as determined by impartial external judges will qualify and move on to the second stage of the competition.
– The Asynchronous Debate stage: This is the second stage of the competition where the qualifying faculties will be expected to record a video speaking in support or opposing the topic provided to them in compliance with the modalities contained in the rules of procedure. This stage adopts the traditional debate style where two teams will face off and speak either for and against a provided topic, the topic varies from team to team but are all centered on the central theme of the competition. The qualifiers of this round will progress to the third stage.
– Memorial Writing Stage: This stage commences the moot segment of the competition. Here, the qualifying faculties will be expected to draft a memorial in preparation for the mooting session on particular facts formulated by the National Inter-Faculty Competition Planning Committee.
– Mooting Stage: The four faculties with the best memorials will qualify to participate in the moot competition which is the final round. This round will hold physically in Redeemer’s University, Ede, Osun state from May 1st to May 3rd, 2024. The final round is set to hold in conjunction with National Inter-Faculty Competition Conference centered on the same theme: The Legal and Ethical Implication of Emerging Technology. The winners of the competition will emerge from this stage and be crowned the best faculty of law in Nigeria and be awarded with prizes.
OBJECTIVES
The central purpose of the National Inter-Faculty Competition is to ultimately foster the spirit of sportsmanship, cooperation and oneness among all faculties of law in Nigeria. The National Inter-Faculty Competition was also organized with these objectives in mind:
– The National Inter-Faculty Competition intends to test the intellectual capabilities of the participating faculties of law and awaken them to an area of law they have not been adequately expose to.
– This competition being organized and hosted by a private university is aimed at balancing the scales between public and private universities in Nigeria, in a bid to eliminate segregation.
– This competition intends to create a space for networking, it will give students the opportunity to connect with other law students and established legal practitioners.
– This competition also intends to create an avenue for students to showcase their talents and skills; it also aims to assist in developing problem solving skills, creativity, and communication skills.
– The National Inter-Faculty Competition was also organized with the intention of providing Redeemer’s University, specifically the Redeemer’s University Law Students Society, the visibility it desires.
The National Inter-Faculty Competition promises to be an insightful experience and it holds immense potential for growth and development.
by Legalnaija | Feb 9, 2024 | Blawg
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by Legalnaija | Feb 2, 2024 | Blawg
As a lawyer, you know how important contracts are for your clients and your practice. Contracts are the foundation of any legal relationship, and they can protect your clients’ rights, interests, and obligations.
But drafting a contract can be a daunting and time-consuming task. You have to make sure that the contract is clear, accurate, and enforceable, and that it covers all the essential terms and conditions.
That’s why I want to share with you some practical tips and best practices on how to draft a contract in 5 easy steps. These steps will help you create a contract that is effective and professional, and that meets your clients’ needs and expectations.
Step 1: Identify the parties and the purpose of the contract. The first step is to clearly state who the parties are and what the contract is about. You should use the full names and addresses of the parties, and avoid using ambiguous terms like “seller” or “buyer”. You should also describe the main purpose and scope of the contract, and the benefits and obligations of each party.
Step 2: Define the key terms and conditions of the contract. The second step is to define the key terms and conditions of the contract, such as the price, payment, delivery, performance, quality, warranty, liability, and termination. You should use simple and precise language, and avoid jargon and legalese. You should also avoid vague or ambiguous terms, such as “reasonable”, “as soon as possible”, or “best efforts”. You should also specify how any disputes or changes will be handled, and what the governing law and jurisdiction will be.
Step 3: Draft the contract clauses and structure the contract. The third step is to draft the contract clauses and structure the contract. You should use headings and subheadings to organize the contract into sections and subsections, and use numbers and bullets to list the items and points. You should also use consistent and logical formatting, such as fonts, spacing, and indentation. You should also use transitions and connectors, such as “therefore”, “however”, or “in addition”, to link the clauses and sentences.
Step 4: Review and edit the contract. The fourth step is to review and edit the contract. You should check the contract for any errors, inconsistencies, or gaps, and make sure that the contract reflects the parties’ intentions and agreements. You should also check the contract for any grammar, spelling, or punctuation mistakes, and use a proofreading tool or service to help you. You should also ask a colleague or a friend to review the contract and give you feedback.
Step 5: Sign and execute the contract. The final step is to sign and execute the contract. You should make sure that the parties sign the contract in the presence of a witness or a notary, and that they use their full names and titles. You should also make sure that the parties date the contract and keep a copy of the contract for their records. You should also follow up with the parties and monitor the performance and compliance of the contract.
As you can see, drafting a contract can be a simple and straightforward process if you follow these 5 steps. But if you want to save even more time and effort, I have a special offer for you.
I have created a free contract template that you can use for your next contract. This template is based on the best practices and standards of contract drafting, and it covers all the essential elements and clauses of a contract. You can customize and modify this template to suit your specific needs and preferences.
To get your free contract template, all you have to do is log into your dashboard on www.legalnaija.com
Don’t forget to share this with your friends and colleagues.
