Flash Sale: Unlock Free Access to Our Lawyers Directory!

by Legalnaija | Dec 11, 2024 | Uncategorized

Dear Subscriber,

We are thrilled to announce an exciting new offer at Legalnaija! For a limited time, we are offering a free subscription to our comprehensive Lawyers Directory. This exclusive offer is our way of saying thank you for being part of our community and supporting our mission to enhance access to legal services.

How Our Subscription Works:

We have two subscription plans: the Basic Plan and the Premium Toplisting Plan, either of which allow you to subscribe monthly or yearly.

Basic Plan:

• Access to the Directory and clients
• Article publication on Legal Blog
• Access to collaborations with colleagues across different jurisdictions
• Access to 10 free templates

Premium Toplisting Plan:

• Access to the Directory and clients
• Access to collaborations with colleagues across different jurisdictions
• Free access to all templates
• Priority listing on the Directory
• Direct client referrals to your law firm from Legalnaija
• Social media promotion of your law-related posts
• Article publication on Legal Blog

How to Get Started:

1. Visit your dashboard or create an account via Legalnaija Sign-In.
2. Navigate to the Plans section.
3. Enjoy your free access to all the directory’s features!

This is the perfect opportunity to explore our platform, connect with legal experts, and see the value that our directory can bring to your legal needs. Don’t miss out—this offer is available for a limited time only!

Thank you for being a valued member of the Legalnaija community. We look forward to continuing to support you with the best legal resources and connections.

Warm regards, The Legalnaija Team

NBA IBADAN AT 70: A Grand Style Celebration Like No Other

by Legalnaija | Dec 2, 2024 | Uncategorized

The Nigerian Bar Association (NBA) Ibadan Branch will proudly mark her momentous milestone in grand style with events starting from 13th December, 2024 to 18th December, 2024. It’s the 70th Anniversary of the Premier Bar and to celebrate this legacy, the Anniversary Planning Committee ably-led by Asiwaju Adebayo Mutalabi Ojo, SAN has planned an exciting week of activities, blending intellectually stimulating events with vibrant social engagements.

With a lineup of carefully curated programs, the celebration promises to be engaging, enriching and memorable. Below is a sneak peek at the schedule of events to look forward to as the Ibadan Bar celebrates seven decades:

 DAY 1: FRIDAY, 13TH DECEMBER, 2024:

• JUM’AH SERVICE

Venue: Ansarudeen Central Mosque, Liberty Road, Ibadan.

Time: 12:30pm prompt.

• OLD SCHOOL/DJ NIGHT (Evening Social Event)

Venue: Aare Afe Babalola Bar Centre, Iyakanku, Ibadan.

 DAY 2: SATURDAY, 14TH DECEMBER, 2024

• HEALTH WALK

Take-Off Point: Afe Babalola Bar Centre, Iyaganku, Ibadan.

Time: 8:00am prompt.

• AARE AFE BABALOLA/ NBA, IBADAN FOOTBALL COMPETITION FINALS

Venue: Olubadan Stadium, Iyakanku, Ibadan.

Time: 3pm prompt (3rd Place Match)

5pm prompt (Final Match)

• PREMIER LEAGUE NIGHT (Evening Social Event)

Venue: Aare Afe Babalola Bar Centre, Iyakanku, Ibadan.

 DAY 3: SUNDAY, 15TH DECEMBER, 2024

• INTER DENOMINATIONAL CHURCH SERVICE

Venue: St. Anne’s Church, Molete, Ibadan

Time: 10am prompt.

• MOVIE NIGHT (Evening Social Event)

Venue: Aare Afe Babalola Bar Centre, Iyakanku, Ibadan.

 DAY 4: MONDAY, 16TH DECEMBER. 2024

• THE OPENING CEREMONY

Venue: Aare Afe Babalola Bar Centre, Iyaganku, Ibadan, Oyo State

Time: 10am prompt.

Chairman of the Opening Ceremony: Hon. Justice Olukayode Ariwoola, GCON, former Chief Justice of Nigeria.

The Keynote Speaker: Mr. Babatunde Raji Fashola, SAN, Former Governor of Lagos State.

Special Guest of Honour: His Excellency, Engr, Oluwaseyi Makinde FNSE, Governor of Oyo State

Guest of Honour: Prince Lateef Fagbemi, SAN, Honourable Attorney General of the Federation and Minister of Justice of the Federal Republic of Nigeria.

Host: Ibrahim Lawal, Esq., Chairman, NBA, Ibadan Branch.

Chief Host: Honourable Justice I.S Yerima, Chief Judge of Oyo State.

• PLENARY SESSION I:

Topic: Tax and its Administration in Nigeria

Time: 11:00 am.

Chairman: Hon. Justice Olukayode Ariwoola, GCON, former Chief Justice of Nigeria.

Speaker: Dr Zacheaus Adedeji, Chairman, Federal Inland Revenue Services

Discussants:

1. Professor Abiola Sanni, SAN, Dean, Faculty of Law, University of Lagos,

2. Prince Akinmade Ajibola, Chairman, Tax Appeal Tribunal, South Western Zone

3. Mr. Olufemi Awakan, Executive Chairman, Oyo State Board of Internal Revenue.

Moderator: Dr. Wale Akinlabi FCIArb (UK)

• SESSION II: OWOLABI AFUYE MEMORIAL LECTURE

Topic: Medical Malpractices and Negligence; Law to the Rescue

Time: 12:30pm.

Chairman: Professor Yusuff Alli, SAN, Principal Partner, Ghalib Chambers, Ilorin, Kwara State

Speaker: Honourable Justice P.O Ige, JCA (Retired)

Discussants:

1. Prof. S.B Odunsi, Faculty of Law, OAU, Ile Ife

2. Prof. Simisola Akintola, Former Dean, Faculty of Law, University of Ibadan.

3. Dr Shade Adegbite, Associate Professor, Faculty of Law, University of Lagos.

4. Dr Folake Tafita, University of Ibadan and a Registered Nurse

5. Dr. Olubukola Ogunlade, Head of Legal, University College Hospital, Ibadan.

Moderator: Mr. Oladipo Olasope, SAN.

• VARIETY NIGHT (Evening Social Event)

Venue: Aare Afe Babalola Bar Centre, Iyakanku, Ibadan.

 DAY 5: TUESDAY, 17TH DECEMBER, 2024

• SESSION III (MORNING)

Topic: Intellectual Rights Infringement in the 21st Century

Time: 10am.

Chairman: Prof. Bankole Shodipo, SAN

Speaker: Dr. John O. Asein, Director General, Nigerian Copyright Commission.

Discussants:

1. Mr. Oyetola M. Atoyebi, SAN, Managing Partner, Omaplex Law Firm

2. Dr. Emmanuel O. Olowononi, Senior Lecturer Nigerian Law School, Abuja and a sports law Expert.

3. Mogaji Rotimi Alli, Chairman, Ibadan Football Council and a Member of Oyo State Football Association.

4. Dr. Tolulope Aderemi, Entertainment Law Attorney.

5. Mrs. Oyinkansola Badejo-Okunsanya, Managing Partner, Africa Law Practice NG & Co.

Moderator: Mr. Kazeem Adekunle Gbadamosi, SAN

• SESSION IV (AFTERNOON)

Topic: The Lawful Use of Robotics and Artificial Intelligence in Legal Practice in Nigeria

Time: 12pm.

Chairman: Hon. Justice Mojeed Owoade, JCA (Retired)

Speaker: Dr Saheed Ayoola, Director of Robotics and Artificial Intelligence in Nigeria.

Discussant :

1. Mr. Ope Olusaga, Managing Director, Law Pavilion Business Solutions Ltd.

2. Mr. Oluwaseun Abimbola, SAN, Managing Partner, Prime Solicitors

3. Dr. Olumide Ayeni, SAN

4. Mr. Rotimi Ogunyemi, Technology Law Attorney, Lagos.

5. Engineer Abiodun Fijabi, Principal Consultant, Lord Princely Associates Limited, Abeokuta, Ogun State.

6. Chimezie U. Okoli, Esq., Faculty of Law, University of Ibadan.

Moderator: Professor Babatunde Oni, SAN.

• KARAOKE/GAMES NIGHT (Evening Social Event)

Venue: Aare Afe Babalola Bar Centre, Iyakanku, Ibadan.

 DAY 6: WEDNESDAY, 18TH DECEMBER, 2024

• SESSION V (MORNING): State of the Nation Session in honour of Late Arakunrin Oluwarotimi Odunayo Akeredolu, CON, SAN, distinguished Patron, Past Chairman of the Branch, Past President of NBA and former Governor of Ondo State

Topic: The Tinubu Administration’s Economic Agenda and Policy: How far, so far?

Time: 10am.

Chairman: Chief Charles Akinlolu Olujinmi, SAN, Former Attorney General of the Federation & Minister of Justice.

Special Guest of Honour: Mr. Lucky Orimisan Aiyedatiwa, The Executive Governor of Ondo State

: Speaker: Dr Ebun-Olu Adegboruwa, SAN

Discussants:

1. Dr. Surajudeen Ajibola Basiru, National Secretary, APC

2. Dr. Segun Sowunmi, PDP Chieftain and Public Affairs Analyst The Tinubu Administration’s Economic Agenda and Policy: How far, so far?

Moderator: Mr. Musibau Adetunbi, SAN

• SPECIAL SESSION: CNG as an alternative to the rising cost of Premium Motor Spirit{PMS} in Nigeria; prospects and challenges

Discussants:

Managing Director, BOVAS

Managing Director, NIPCO

Moderator: Olalekan Thanni, Esq.

• SESSION II (AFTERNOON): SEGUN ADERIBIGBE/YLF IBADAN ESSAY COMPETITION PRESENTATION

Time: 12pm-1pm

Chairman: Mr. Oluwaseun Abimbola, SAN, Managing Partner, Prime Solicitors

Topic: A Review of Community Service As Corrective Regimen For Convicted Internet Fraudsters

Coordinator: Timileyin Olayiwola, Esq., Chairman, Young Lawyers’ Forum, Ibadan Branch.

Moderator: Tomiwa Fadeyi, Esq., Chairman, Academic Board, YLF, Ibadan Branch.

• THE 70TH ANNIVERSARY DINNER & AWARD NIGHT

Red Carpet: 4:30pm

Venue: Aare Afe Babalola Bar Centre, Iyaganku, Ibadan.

Chairman: Alhaji Ahmed Raji, SAN, Principal Partner, Ahmed Raji & Co

Guest of Honour: Honourable Justice I. S Yerima, Chief Judge of Oyo State

Dinner Speech by: Aare Olumuyiwa Akinboro, SAN, Past General Secretary of NBA and a life Bencher.

Chief Host: Ibrahim Lawal, Esq., Chairman, NBA, Ibadan Branch.

Investiture of a New Patron:

Dr. Wale Babalakin, SAN to be inducted as a new patron of NBA, Ibadan Branch

Presentation of Award of Excellence to the following deserving members of Ibadan Bar.

1. Hon. Justice L. A Ganiyu , Justice of Court of Appeal

2. Hon. Justice Olukayode A. Adeniyi , Justice of Court of Appeal (Former Chairman, NBA, Ibadan Branch).

3. Hon. Justice Oyebola Oyewumi, Justice of Court of Appeal

4. Hon. Justice R.O Ayoola, Justice of Court of Appeal.

5. Hon. Justice, T.M Abdulganiyu, President, Customary Court of Appeal, Oyo State.

6. Hon. Justice Oluwatosin Popoola, a Judge of High Court of Lagos State.

7. Hon. Justice M.O Folorunsho , a Judge of High Court of Kwara State.

8. Mr. Akinyemi Olujinmi, SAN

9. Mr. Yusuff Tunji Ogunrinde, SAN

From thought-provoking lectures featuring reputable discussants to lively social gatherings designed to foster relationships, the 70th Anniversary will offer something for everyone. Kindly pre-register for the event via https://nbaibadan.org.ng/70thanniversaryregistration/ and do not forget to purchase your dinner ticket via https://nbaibadan.org.ng/dinner-ticket/

For more enquires, kindly contact 70thanniversary@nbaibadan.org.ng.

Evidence Law: A Common Ground Between Civil And Criminal Litigation (Part 2) | Wale Adeagbo AICMC

by Legalnaija | Nov 28, 2024 | Uncategorized

DOCUMENTARY EVIDENCE

Evidence tendered by the use of documents is simply referred to as documentary evidence. Section 258(1) of the Evidence Act, 2011, has defined the word document very extensively to include books, maps, plans, graphs, drawings, photographs, discs, tapes, soundtracks, films, negatives, computer outputs and so on. Documentary evidence is of two types to wit- private and public documents.[1]

It should be noted that be it private or public, the best evidence of the contents of a document is the production of the document itself.[2] Thus, the contents of a document can only be proved by tendering its original copy or secondary evidence thereof, upon proper foundation being first laid for the admissibility of such secondary evidence. Section 88 of the Evidence Act has provided that documents shall be proved by primary evidence, except in the cases and instances stipulated in the Evidence Act.

Primary Evidence

As brilliantly captured by the provisions of Sections 85 and 88 of the Evidence Act, the contents of documents may be proved either by primary or secondary evidence. Section 86 of the Act has described primary documentary evidence to mean the original document itself; each part of a document executed in several parts; the counterpart of a document executed by a party; and documents made by one uniform process (printing, photography, electronic process), each of which shall be the primary evidence of the contents of the rest.

Secondary Evidence

Secondary evidence includes certified copies in line with the Act; copies made from the original by electronic or mechanical processes; copies made from or compared with the original; counterparts of documents as against the parties who did not execute them; and oral accounts of the contents of a document given by some person who has himself seen it.[3]

A photocopy of a document be it private or public, being secondary evidence of the contents of the original, is inadmissible. However, for such secondary evidence to be admissible, the proper foundation must be laid. The instances by which secondary evidence may be given are as provided under Section 89 as follows:

1. When the original is in the possession of the adversary;
2. When the original has been destroyed or lost and a search has been made for it in the latter case;
3. When the original is not movable;
4. When the original is a public document within the meaning of Section 102, Evidence Act;
5. When the original is a document of which a certified copy is permitted;
6. When the original consists of documents which cannot be conveniently examined in court, etc.

The Lawyers Directory

Admissibility of documentary evidence

It has now become trite that the admissibility of a document and the evidential weight to be attached to it are very distinct. See ISMAILA v. MATHEW.[4] For a document to be admissible, it has to pass through the tripartite criteria of:

• Being pleaded;
• Being relevant; and
• Being admissible in law.

ASSESSMENT DRILLS

1. Evidence Act, 2011 defines evidence to mean:
2. The fountainhead of a party’s case
3. The instrument regulating the procedure of evidence in the Nigerian legal system
4. quasi meaning
5. none of the above

2. Evidence includes the following:
3. Testimony
4. Oral evidence
5. Depositions
6. All the above

3. The Evidence Act empowers the Attorney General of the Federation to make regulations in respect to admissibility of evidence under Section:
4. 252
5. 245
6. 254
7. 255

4. Rules of Court form part of the legal framework of the law of evidence:
5. Probably
6. Undecided
7. No
8. Yes

5. Affidavit evidence is most appropriate in matters initiated by:
6. Writ of summons
7. Writ of execution
8. Originating claims
9. Originating summons

6. Your answer in No 5 above is because the matter is:
7. Contentious
8. Equilibrium
9. Potentially contentious
10. Non-contentious

7. Documents attached to an affidavit:
8. Do not concern the court
9. Form part of the evidence
10. Need not be admissible ordinarily
11. B and C above

8. Brail is deemed and considered to be oral evidence:
9. Probably
10. Undecided
11. No
12. Yes

9. Re-examination is employed to:
10. Restate evidence
11. Re-strategize
12. Clear ambiguities
13. Clear ambiguities and restore credibility

10. The best evidence of the contents of a document is:

1. Primary evidence
2. Secondary evidence
3. Private evidence
4. Original

REFERENCES

[1] Sections 102 and 103, Evidence Act.

[2] Ogah v Ikpeazu (2017) 17 NWLR (Pt. 1594) 299 at 343

[3] Section 87, Evidence Act.

[4] (2017) All FWLR (Pt. 891) 824 @ 836 CA

Legal Awareness: Why Citizens and Businesses Must Stay Informed

by Legalnaija | Nov 24, 2024 | Uncategorized

In today’s fast-paced and complex world, legal awareness is more crucial than ever for both citizens and businesses. Being legally aware means understanding your rights and responsibilities under the law, recognizing how legal issues affect your life and operations, and knowing how to navigate the legal landscape effectively. Here’s why staying legally informed is essential and the benefits it brings.

The Importance of Legal Awareness

1. Protection of Rights and Interests

– For Citizens: Understanding your legal rights ensures that you can protect yourself from exploitation, discrimination, and injustice. It empowers you to challenge unfair practices and seek redress when your rights are violated.

– For Businesses: Legal awareness helps businesses comply with regulations, avoid legal pitfalls, and protect their intellectual property. It also enables businesses to operate ethically and maintain a good reputation.

2. Informed Decision-Making

– For Citizens: Knowing the legal implications of your actions allows you to make informed decisions in personal and professional matters. This includes everything from signing contracts to understanding employment rights and consumer protection laws.

– For Businesses: Legal knowledge is vital for making strategic business decisions, such as entering into partnerships, expanding operations, and managing risks. Informed decision-making can prevent costly legal disputes and ensure long-term success.

The Lawyers Directory

3. Conflict Resolution

– For Citizens: Being aware of legal processes and options for conflict resolution, such as mediation and arbitration, can help individuals resolve disputes amicably and efficiently.

– For Businesses: Businesses can benefit from understanding the legal frameworks for resolving commercial disputes, protecting their interests, and maintaining good relationships with stakeholders.

4. Compliance and Avoidance of Penalties

– For Citizens: Knowing the laws that apply to you helps ensure compliance and avoids penalties or legal consequences for unintentional violations.

– For Businesses: Regulatory compliance is essential for avoiding fines, sanctions, and other legal repercussions. Businesses that stay legally informed can operate smoothly and maintain their licenses and permits.

The Benefits of Legal Awareness

1. Empowerment and Confidence

– For Citizens: Legal knowledge empowers individuals to stand up for their rights, make informed choices, and navigate legal challenges with confidence.

– For Businesses: Businesses that are legally aware can approach opportunities and challenges with confidence, knowing that they have the legal knowledge to back their decisions.

2.Risk Managemen

-For Citizens: Understanding legal risks allows individuals to take proactive steps to mitigate them, such as securing proper documentation and seeking legal advice when needed.

– For Businesses: Legal awareness helps businesses identify potential legal risks and implement strategies to manage them, reducing the likelihood of costly legal disputes.

3. Ethical Conduct and Social Responsibility

– For Citizens: Legal awareness promotes ethical behavior by encouraging individuals to understand and respect the law. This contributes to a just and orderly society.

– For Businesses: Businesses that operate with legal awareness are more likely to adhere to ethical standards and demonstrate social responsibility, enhancing their reputation and customer trust.

4. Access to Justice

– For Citizens: Being legally informed improves access to justice by enabling individuals to understand their legal options and seek appropriate remedies when needed.

– For Businesses: Businesses that are aware of their legal rights and obligations can better advocate for themselves in legal matters and seek justice when wronged.

Conclusion

Legal awareness is a powerful tool that benefits both citizens and businesses. It enhances protection, informed decision-making, conflict resolution, compliance, and ethical conduct. By staying legally informed, individuals and organizations can navigate the complexities of the legal landscape with confidence and contribute to a fair and just society.

For citizens and businesses alike, the journey to legal awareness starts with education and a commitment to staying informed. Embrace this journey, and let legal knowledge empower you to thrive in every aspect of your life and operations.

THE ART OF PERSUATION IN THE LAWS OF HUMAN CLASS | Abdul Ghaffar Qureshi

by Legalnaija | Sep 4, 2024 | Uncategorized

OPINION OF AUTHOR:

I have successfully dispensed justice to suffering people who wanted justice. I want to expend by looking for more avenues of services in all sectors of legal framework. I believe that holding the essential elements that can lead to the planning of meaningful ways and means to facilitate the learning of human rights as the way of life throughout the world.

“TALENT DERSERVES A CHANCE”

Decriers of human rights – Islamic the ruling classes: Grounded in the Qur’an and Islamic legacy, Islam has time-honored certain inherent universal prerogatives for all people. In light of accelerating muggings on human rights across plentiful nations, the peril confronting personages who victor their universality has heightened. Advocates for human rights increasingly antagonize criminalization and legal accomplishment. They are lay open to to threats, fleshly assaults, and even slaying attempts. As we venerate the 17th anniversary of the UN declaration of human rights defenders, we must contemplate what additional trials can be taken to further buttress human rights and safeguard their victors. Human ignominy represents the innate value contemporary in every discrete. Human rights are grounded on veneration for the dignity and value of each person. Human dignity serves as the initial concept for human rights and the fountainhead from which the perception of human rights emanates. The most notorious provision of the Magna Carta;

Clause 40 of the Magna Carta states: “We will not peddle rights or justice to any person, nor will we deny or suspension them to anyone.”

In the face of this advancement, there is a growing gratitude of gender trepidations evident in reports from Superior Ways, human rights treaty bodies, and testimonials made by states in UN forums and regional human rights bulks. The preliminary action taken by some of these bulks was simply to include a allusion of ‘women’ in a document. Though, as Di Otto has emphasized, this alone “is insufficient to pledge the inseparability of women’s human rights without also make a speech the underlying causes of women’s banishment and segregation.”

There’s merit in considering individuals with prescribed equity—operational in a logical and estimative manner, forming public principles for both citizens’ comportment and officials’ retorts. These criteria serve as point of reference against which acquiescence or deviation can be gauged, rather than relying on flexible and potentially capricious conclusions. This crux establishes the essence of the “Rule of Law.” When indorsed, individuals face a governing bulk that regards them as cogent entities praiseworthy of respect. It unvaryingly applies whatever standards of behavior and assessment it hires. This holds candid and independent assessment, even if the authentic actions embark on fail to meet any pertinent standard of substantive impartiality.

EX MERO MOTU-“of one’s own free will”

The shrewdness necessitating the type of respect showcased in the system of belief of the rule of law isn’t chiefly the sagacity expediting the resolution of scientific puzzles. Instead, it’s the rationality allowing us to determine that carefully worked-out puzzles are meant to be engage in.

Where the regulation of law is advocated, there exists between those in buff and those governed a particular interchange. This communal altercation will undoubtedly prove constructive in achieving certain required objectives for which it obliges as a system. I’m thinking, for case in point, of a number of aspects of communal organization, such as efficiency in supervision and/or providing public amenities, and political steadiness, especially during thought-provoking times. However, Plato’s argument, which I find no goal to question, is the ethical-philosophical contention that, considering the innate worth of individuals, this type of reciprocity surpasses being merely a method for other goals. Consequently, it should be shielded and stimulated whenever feasible, and it should not be readily forfeited, even for the sake of other noteworthy goods.Top of Form

LEGAL ASPECTS:

Section-96(A) Pakistan Penal Code, 1860: ENCITING OT TAKING AWAY OR DETAINING WITH CRIMINAL INTEND A WOMEN: Whoever takes or entices away any women with intend that she may have illicit intercourse with any person, or conceals or detain with that intend any women, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Article 14 of constitution of Pakistan 1973: This constitutional article ensures that dignity of man and, subject to law, the privacy of home, shall be inviolable.

Article 27 of the constitution of Pakistan 1973: Safeguard against Discrimination against Services:

No citizen otherwise qualified for appointment in the services of Pakistan shall be discriminated against respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth.

Nations are tasked with wipe out barriers hindering women’s equal chipping in in social sanctuary programs that link benefits to influences, or crafting benefit chaos that consider such barriers to thwart gender-based incongruities. Additionally, countries must factor in differences in life bated breath between men and women, as these can lead to bigoted practices in benefit division.

For instance, in January, Pakistan appointed Justice Ayesha Malik as the germinal female judge of the Supreme Court of Pakistan.

To end up, human rights and independences apply to every discrete as they stem from the native essence of Homo sapiens, heedlessly of a state’s legislation. Pakistan indorses the rule of law and hallows human rights and fundamental independences in its constitution. With an independent judiciary, the government of Pakistan inductees to uphold its legal and constitutional commitments.Top of Form

IGNORANCE OF LAW IS NO EXCUSE

Abdul Ghaffar Qureshi is the Managing Partner of Qureshi & Qureshi (Barristers, Advocates & Legal consultants). He is Advocate of High Courts of Pakistan and has Completed LLM from BPP University, London. Qureshi 7 Qureshi has been nominated for Global Recognition Awards 2024.

An Appraisal Of The EFCC Act 2004 In Dealing With Financial Crimes In Nigeria – Jonah Uyo – Obong (Part 2)

by Legalnaija | Aug 30, 2024 | Uncategorized

AN APPRAISAL OF THE EFCC ACT 2004 IN DEALING WITH FINANCIAL CRIMES IN NIGERIA – JONAH UYO-OBONG

6. CHALLENGES WITH THE EFFECTIVE ADMINISTRATION OF THE EFCC ACT IN COMBATING FINANCIAL CRIMES

The EFCC in its early days was able to investigate,arrest and prosecute cases of financial crimes especially those involving Politically Exposed Persons (PEPs)[1]. However, previous studies revealed that the EFCC faces a number of challenges in its efforts to achieving its mandate[2]. Some of the challenges include:

a.  Lack of Security of Job of the Chairman:

The lack of job and tenure security of chairpersons of anti-corruption agencies is a major challenge militating against the effective fight against corruption and financial crimes in Nigeria. The provision of Section 2(3) of the EFCC Act provides for the appointment of the Chairman and members of the Commission other than the ex-officio members shall be appointed by the President and the appointment shall be subject to confirmation of the Senate.

However, Section 3 (2) provides that a member of the commission may at any time be removed by the President for inability to discharge the function of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct or if the president is satisfied that it is not in the interest of the commission or the interest of the public that the member should continue in office. The provision of the various Sections of the Act by providing for the appointment of the chairman and other high ranking officers by the President only makes the EFCC an extension of the executive arm of the government[3]. In other words, these members very often carry out the biddings of the President and other persons instrumental to their appointment. This is an obstruction militating against the fight against financial crimes in Nigeria as high ranked officials within the EFCC are at risk of being fired by their employer, or better still by the President. Therefore, the EFCC is usually under pressure to do as dictated by the President to compensate for their jobs.

b.  Abuse of Section 14 of the Act

The Section provides for compounding of offences by the Commission. The Section empowers the Commission to accept such money as it thinks fit exceeding the maximum amount to which that person would have been liable if he had been convicted of that offence. Although this is not the same as a plea bargain, the Commission had applied this section as plea bargain in the case of the former Inspector-General of Police, TafaBalogun in 2005 and Emmanuel Nwude in 2006 by the Federal Republic of Nigeria (FRN) at the instance of the EFCC. Since then, plea bargain has been applied in other cases including FRN v Mrs Cecilia Ibru, FRN v. Lucky Igbinedion, FRN v. John Yusuf Yakubu[4]. Going by the concept of legality, which requires that a thing be provided for expressly in the law, this is desirable especially when it relates to criminal matters, rather than be the product of implication, inherence and/or abstraction, it may be posited that seeing as the phrase ‘plea bargain’ is not used anywhere and that the concept of ‘compounding an offence’ does not include any of the trappings of a trial to wit: the preparation and filing of a charge sheet, an arraignment and the

entering of a plea; but rather is an agreement to give money in exchange for non-prosecution of an offence, there are no statutory bases on which to stand this claim[5].

Nigeria, by virtue of the EFCC Act has legalised the compounding of offences by the EFCC within the purview of the Act; the EFCC represents the Nigerian people as the victims and is also the prosecuting authority which decides not to prosecute but this cannot be said to be plea bargaining, not by any stretch of the imagination, at least not as we understand the definition of the same. Ironically, the EFCC has been doing something else altogether that they do not have authority to do. A cursory look at the provision, one may argue rightly that there is no express or implied mention of plea bargaining under Section 14 (2) of the EFCC Act and as such, what the section envisages is ‘compounding of offences’ which is an act in which a person agrees not to report the occurrence of a crime or not to prosecute an accused in exchange for money or other consideration[6]. The Section does not show the nature and the type of the plea bargain neither does it show the stage of the proceedings at which the bargain may be initiated. There is also no laid down procedure or safeguards for plea bargaining andsuch agreement as envisaged under the EFCC Act does not necessarily culminate in a judgment neither does it lead to conviction nor sentencing.[7]This is a blank cheque and window of opportunity to the officers of EFCC for so much stolen wealth in exchange for secret gratifications.[8]The sum of money which the EFCC is to accept, at its discretion, is not referenced to the amount stolen or embezzled but to the amount of the fine to be imposed[9]. It is submitted that the entire provision made plea bargain an almost primordial instinct of the prosecutorial soul and gave the EFCC the prosecutorial power to manipulate cases and justice[10]. This confirms Dervan’s statement that ‘the history of plea bargaining is the history of prosecutors gaining increased leverage to bargain’.[11]

EFCC has been applying the concept of plea bargaining to release many corrupt criminals, including corporate criminals, who steal corporations’ funds and should have been in jail as deterrence to others. The EFCC has applied this procedure in very high profile cases, beginning with a former inspector-general of police, Mr TafaBalogun. The Defendant was arraigned on a 70-count charge of corruption on a massive scale, which were reduced to an 8-count charge of money laundering through plea bargaining. He was convicted and jailed for only 6 months. With regard to economic crimes involving companies, the procedure was adopted by the EFCC in the trial of Emmanuel Nwude and NzeribeOkoli who were charged for defrauding a Brazilian bank. Further, in the case of Federal Republic of Nigeria (FRN) v Mrs Cecilia Ibru, the Defendant, a former managing director of Oceanic bank defrauded the bank of large sums of money and was arraigned for an offence contrary to section 15 (1) of the Failed Bank (Recovery of Debts) and Financial Malpractices in Banks and punishable under section 16(1)(a) of the same Act. The punishment stipulated by the law is imprisonment for a term not exceeding five years without the option of fine. The defendant accepted to forfeit the assets worth over N150 billion which she fraudulently acquired. Consequently, she was sentenced to six months imprisonment without an option of fine[12].

The EFCC also applied the concept to the cases of DSP Alamieyeseigha who was arraigned on corruption charges and the Governor of Edo State, Lucky Igbinedion who was charged with stealing billions of naira from the public treasury on the 28^th December 2018. The latter was convicted and sentenced to pay an infinitesimal fine of N3.5million. He was also to serve twelve years imprisonment on a six count charge of corruptly enriching himself while he was Governor. However, the sentence was to run concurrently and because he had remained in custody for two years, he was released few days after, under plea bargain agreement.[13]Thus, the concept has been criticized since it seems to be practiced to favour the rich and elite criminals who loot, launder and embezzle public funds for their selfish gains.[14]

c.  Low Chance of Conviction for Politically Exposed Persons and Lack of Autonomy of the Commission:

This has been considered as the major significant challenge that limits effective performance of EFCC. In essence, cases involving politicians such as former governors and ministers are being deliberately frustrated. For instance, out of 31 former governors prosecuted since 1999, only three, Joshua Dariye, Jolly Nyame and Uzor Oji Kalu were recently convicted and jailed. This may be attributed to lack of adequate autonomy by EFCC to effectively perform its responsibilities. Hence, there is tendency for the Chairman of the Commission to be reluctant to continue with investigations against the president that appointed him or his associates belonging to ruling party.[15]

d.  Structure of the Commission:

This makes the Commission answerable to the presidency; the security of the Chairman’s tenure in office, agency’s budget and funding which is subject to Senate and Presidential approval[16]. Evidence to this is that when the list of 135 corrupt candidates whom EFCC presented and disqualified them from contesting 2007 elections, the list was discredited and considered as an effort to hurt the political opponents of the then president.

e. Organizational Deficiency:

This is considered among the factors that limit effective performance of EFCC. For instance, 2013 and 2015 EFCC Annual report revealed that lack of training of officers is another challenge to effectively perform its mandate. However, EFCC in 2013 was able to train its operative staff in 17 training programs. While in 2015, 84 of the staff of the EFCC were trained abroad, mostly by non-governmental organizations.[17]

f. Inadequate Funding:

This has also remained a critical challenge to EFCC operation, thus only 54.17% of the approved 2018 budget of EFCC was released to the commission, while only 40.06% of capital expenditure was released.[18]

g. Over-stretching of Constitutional Immunity by the Commission:

Section 308 of the 1999 Constitution of the Federal Republic of Nigeria as amended, guarantees immunity from civil and criminal proceeding being instituted and continued against the president, vice president, governor and deputy governor during his period of office. The Commission have stretched the immunity provision to a ridiculous extent by refusing and neglecting to investigate this category of public officers for possible prosecution on the expiration of their tenure in office.[19] As rightly held in the case of Fawehinmi v IGP, Section 308 of the Constitution does not shield or protect any of the persons named therein from investigation.[20] The EFCC ought to have investigated Abdullahi Ganduje, the former governor of Kano State over bribery allegations who was conspicuously captured on camera receiving bribes in dollars, and was widely reported. Furthermore, in a situation where immunity is constitutionally guaranteed, it becomes difficult for the Commission to act before it becomes too late.[21]

7. COMPARISON BETWEEN NIGERIA, FRANCE AND IRELAND

According to the Global Organized Crime Index, the countries with the lowest rates of money laundering are Estonia, France, Iceland, and Ireland. Even though these countries have relatively low criminality rates, it is important to recognize that not having a high risk rating does not mean that money laundering issues are completely unaffected. Each country faces a distinct set of challenges, ranging from tax fraud to financial crimes enabled by cyberspace, highlighting the complex fight against illicit financial activities.[22]

FRANCE:  France is a civil law country i.e a non-common law country. It has implemented rigorous measures to combat money laundering and terrorist financing. Despite these efforts, criminal organizations exploit avenues such as the betting and gambling industry, while white-collar crimes serve to recover funds lost to tax evasion. In response to the rise of online criminal networks, France is actively working to swiftly regulate these emerging activities. The country is recognized for its resilience against money laundering, continually enhancing its capabilities through ongoing measures. France has set out a number of impactful reforms to reinforce anti-money laundering practices over the past ten years. These include the creation of dedicated institutions, such as the Central Office for Fight Against Corruption and Financial and Tax Offences (OCLCIFF), the French Anti-corruption Agency (AFA) and the National Financial Prosecutor’s office (PNF). The latter was created in 2013 to streamline the handling of court cases related to financial crime in France and developing cross-border cooperation with partner international authorities. Since 2014, the PNF has handed back over 10 billion Euros to the public purse. FAFT also added that France takes on an active role in proposing designations to the EU and UN Sanctions List.[23]

The legislation that prohibits financial crime is the French Criminal Code and the Monetary and Financial Code[24]. The authority that has the power to prosecute, investigate and enforce cases of money laundering, terrorist financing and breach of financial/trade sanctions is the Ministry of Finance Anti-money Laundering Unit (Traitement du Renseignement et Action Contre les Circuits Financiers Clandestins) (TRACFIN)[25]. This body has the same function as the EFCC however whereas, the power to investigate and prosecute financial crimes is bestowed on the Commission and derived from the EFCC Act 2004, the power to investigate lies with TRACFIN; a unit under the French Ministry of Finance and is derived both from the Criminal Code[26] and the Monetary and Financial Code. While the power to proffer a criminal charge is referred to the Public Prosecutor if the known facts may constitute a criminal offence that is punishable by more than one year imprisonment or there is evidence of the offence of financing terrorism.[27]The Public Prosecutor may then decide to open a criminal investigation and in complex cases, appoint an Investigating Magistrate. In Nigeria, the legal and prosecuting unit of the EFCC is responsible for prosecuting offences laid down in the Act and other legislations bothering on economic and financial crimes.[28]The Act also mandates the Commission to coordinate not just the laws or regulations relating to economic and financial crimes, but also all existing economic and financial crimes investigating units in Nigeria.[29]The Commission also has a responsibility to maintain a liaison with the office of the Attorney General of the Federation.[30]

IRELAND: Ireland is a common law country. In Ireland, fraud including corporate fraud is governed principally by the Criminal Justice (Theft and Fraud Offences) Act 2001 and the Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021[31]. Specific offences relating to Corporate Fraud include: Making a gain or loss by deception, obtaining services by deception, unlawful use of a computer, false accounting, suppression of documents, forgery, fraud affecting EU financial interest, conspiracy to defraud and fraudulent trading. The power to investigate fraud as well as bribery and corruption lies with the Garda National Economic Crime Bureau (GNECB), a specialist division of An Garda Siochana (AGS) (Irish Police Force) that is tasked with investigating fraudulent or economic crimes of a more serious and complex nature[32]. In addition, the Office of the Director of Corporate Enforcement (ODCE) investigates offences under the Companies Act 2014. The European Anti-Fraud Office (OLAF) can investigate potential fraud in Ireland which may affect the EU financial interests. While the DPP is responsible for prosecuting fraud offences in Ireland based on consideration of the file prepared by AGS following investigations[33]. It must be noted that there are no formal non-trial resolution mechanisms in place, for example, deferred or non-prosecution agreements. There is no formal mechanism for plea bargaining. However, in practice, an informal agreement with the prosecution can be made whereby an accused can agree to plead guilty to certain charges and prosecution can agree to withdraw or modify other charges. The decision to engage in these discussions is entirely at the discretion of the DPP who will require good reasons in fact or law for any withdrawal or modification of charges facing an accused[34].

In Nigeria, the EFCC Act 2004 provides for compounding of offences which allows the Commission, subject to Section 174 of the Constitution, to accept sums of money as it thinks fit exceeding the maximum amount to which that person would have been liable if he had been convicted of that offence[35]. This money is paid into the Consolidated Revenue Fund of the Federation[36]. In Ireland, there is no provision for plea bargain but in practice an informal agreement which presupposes compounding of an offence, is obtainable. However, in Nigeria, in practice, the Commission practices plea bargain in setting free accused persons as against the provision of the EFCC Act on compounding of offences. Another distinction is that, under the law of Ireland, it is at the entire discretion of the DPP to compound an offence while in Nigeria, the provision to compound an offence under the EFCC Act 2004, is subject to the power of the Attorney General to institute, take over or discontinue a criminal proceeding against any person in court. The Commission is still solely responsible for compounding an offence under the Act but such power is subject to Section 174 of the 1999 Constitution.

8. CONCLUSION AND RECOMMENDATION

Financial crime has bedevilled Nigeria for decades with each administration deploying their arsenals towards fighting corruption, economic and financial crimes. Nigeria has lost billions if not trillions of naira to financial crimes. In April 2024, the former CBN governor was arraigned for offences bordering on fraud to the tune of N80.2 billion. In May 2024, two executives of Binance Nig. Ltd (a cryptocurrency trading platform) were arraigned before the Federal High Court, Abuja with the Federal Government alleging tax evasion and non-compliance with the directive of the government to stop operations within Nigeria due to failure to obtain the necessary licenses for operation. The EFCC being an establishment of the EFCC Act and also an offshoot of the executive arm of government has become a partisan tool in the hands of the executives; this among other limitations has forestalled the fight against financial crimes as criminals, both in the private and public sector, are ever evolving in their ideas, constantly inventing new ways to defraud and loot money. Therefore, it is recommended that:

a. Section 35 (3) of the EFCC Act which allows the Commission to accept monetary gifts, lands and other properties should be expunged. This is based on the fact that as the Financial Intelligence Unit of the country with a statutory responsibility to investigate all financial crimes and also enforce the provisions of all economic and financial crimes laws, it will be out of place for the same Commission to accept gifts especially from politically exposed persons. This is to ensure transparency in its resolve to fight financial crimes.

b. Section 14 of the EFCC Act expressly provides for compounding of offences and not plea bargain. Therefore, based on the principle of legality, the Commission should desist from applying Section 14 of the EFCC Act as plea bargain to release accused persons. Alternatively, amend the Section to expressly provide for plea bargain; stating the stage at which it can be applied as well as the circumstances wherein the concept can be invoked.

c. Section 2 (a) (ii) of the EFCC Act should be reviewed to allow for the accommodation of career trained EFCC members with requisite knowledge or expertise in financial crimes intelligence as the qualification to the office of the Chairman of the Commission.

d. Section 3 (2) of the Act should be reviewed to allow the removal of the Chairman or any member of the Commission on the recommendation of the President subject to the confirmation of the Senate. This is to avoid leaving the removal of any member of the Commission especially the Chairman at the whims and caprices of the President whose reason for removal maybe tainted with bias.

e. The Commission should be supported with adequate funding and independence to function optimally in its responsibility in fight financial crimes as external influences especially from politically exposed persons often hampers its efforts in fighting financial crimes.

f. Section 25 (d) of the Act which provides for further provisions as to forfeiture of all real property which is used or intended to be used in any manner or part to commit, or facilitate the commission of an offence under the Act, should be reviewed in cases where the bonafide owner of a property or title in any parcel of land, other than the accused, who had no knowledge that the property was used to commit an offence under the Act or reasonably believed that the property was acquired for a good purpose, should be exempted. Properties subject to forfeiture should be those owned by the accused purchased from proceeds of the crime committed by the accused.

g. Nigeria should take a cue from Ireland where the Ireland Police has a special division under it that investigates complex financial crimes. The responsibility to investigate financial crimes should be extended to the Nigerian Police Force by the creation of a special division or unit under the Police solely to investigate financial crimes. Reports gathered from this special division will be sent to the EFCC. This can assist the Commission in fast tracking investigations.

h. In a situation where immunity is constitutionally guaranteed, such immunity should only extend to government officials to protect them against civil actions only for official acts done in the discharge of statutory duties and no immunity should be accorded to any government official who is indicted for financial crimes while in office. Such government official should be prosecuted upon due and proper investigation.

REFERENCES                                                                                        

Ahmed, ‘Economic and Financial Crimes Commission (EFCC) and Anti-Corruption Crusade in Nigeria: Success and Challenges’ [2021] 4 GIJMSS <> accessed 5 June 2024

EFCC, History of EFCC, <http://www. efcc.gov.ng/efcc/about-us-new/history-of-efcc> accessed 6 June 2024

KayodeOladele, ‘The Legal Basis For Relevance, Role and Existence of EFCC – A Rejoinder to Agbakoba’ (2023) <https://www.thecable.ng/the-legal-basis-for-relevance-role-and-existence-of-efcc-a-rejoinder-to-agbakoba/amp/> accessed 9 June 2024

Oyewale, ‘EFCC secures 3,175 convictions, recovers N156 billion in one year’ Premium Times (2023)<https://www.premiumtimes.ng> accessed 6 July 2024

Umar ‘Challenges of the Economic and Financial Crimes Commission and Their Influence on Adoption of Forensic Accounting: A Conceptual Framework’ (2016) QRC  <https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://qualitative-research-conference.com/download/proceedings-2016/37-ibrahim%2520umar%2520105 109.pdf&ved=2ahUKEwiq1qC7q86GAxXpTkEAHaBcALMQFnoECB0QAQ&usg=AOvVaw1va9o35qnjgsXf8UQK1ZoJ> accessed 7 June 2024

Ikhu-Omorege Sunday and Enimola Henry Bamidele, ‘Financial Crime and its Implications on Banks Performance in Nigeria: A General Appraisal’ International Journal of Sciences: Basic and Applied Research <https://www.core.ac.uk> accessed 26 June 2024

Ibrahim Umar, Rose Shamsiah Samsudin, Mudzamir Mohammed, Ascertaining the Effectiveness of the Economic and Financial Crimes Commission (EFCC) in Tackling Corruptions in Nigeria (2018) Journal of Financial Crime <https://doi.org/10.1108/JFC-01-2017-003> accessed 2 July 2024

Onipe Adabenege Yahaya, Impact of Financial Crimes on the Nigerian Economy, <https://www.researchgate.net/publication/358769842> accessed 26 June 2024

Black’s Law Dictionary (9^thedn, Thomas Reuters, St Paul MN 2009)

Emilia Onyema et al, The Economic and Financial Crimes Commission and the Politics of (in) Effective Implementation of Nigeria’s Anti-corruption Policy, (2018) <https://eprints.soas.ac.uk/31283> accessed 1 July 2024

Dennis Erezi, Court restrains EFCC from arresting, prosecuting Yahaya Bello, The Guardian<https://guardian.ng/court-restrains-efcc-from-arresting-prosecuting-yahaya-bello/> accessed 6 July 2024

KayodeOyero, Yahaya Bello: EFCC confirms receipt of $760,000 from Abuja American School, Channelshttps://www.google.com/amp/s/www.channelstv.com/2024/04/27/yahaya-bello-efcc-confirms-receipt-of-760000-from-abuja-american-school/amp/  accessed 6 July 2024

Kingsley Nwezeh, EFCC Probing 50 Bank Accounts Linked To Betta Edu’s Stashed Funds Case, Recovers N30bn, Arise News<https://www.arise.tv/efcc-probing-50-bank-accounts-linked-to-betta-edus-stashed-funds-case-recovers-n30bn/> accessed 6 July 2024

Ameh Ejekwonyilo, Betta Edu SadiyaFarouq, Others Not Yet Cleared of Alleged Fraud-EFCC, Premium Times <https://premiumtimesng.com/news/top-news/686059-betta-edu-sadiya-farouq-others-not-yet-cleared-of-alleged-fraud-efcc.html> accessed 6 July 2024

Human Rights Watch, ‘Corruption on Trial? The record of Nigeria’s EFCC’ New York: Human Right Watch <https://www.hrw.org/reports/2011/08/25/corruption-trial-0>  accessed 7 June 2024

Sowunmi F. A, Adesola M. A. &Salako M. A., An Appraisal of the Performance of the Economic and Financial Crimes Commission in Nigeria, International Journal of Offender Therapy and Comparative Criminology, 1047-69

Samson OjodomoOnuche, Examination of the Challenges on the Fight Against Corruption in Nigeria, SSRN Electronic Journal <https://www.researchgate.net/publication/344836316>  accessed  26 June 2024

Nicholas IoremberIorun, Rachel NwasoluImbwaseh and Matthew Atonko, ‘Plea Bargaining as Economic Crimes Involving Companies in Nigeria: A Palliative to the Festering Wounds of Corporate Stakeholders Without Cure’  Benue State University Law  Journal 2020  71

Tope Adebayo LLP, ‘The Legality of the Use of Plea Bargain in the Nigerian Criminal Justice System’<https://www.topeadebayolp.com>  accessed 13 June 2024

Ted C Eze and EzeAmaka G, ‘A Critical Appraisal of the Concept of Plea Bargaining in Criminal Justice Delivery in Nigeria’ (2015) Global Journal of Politics and Law Research <https://www.eajournals.org> accessed 26 June 2024

Theo Bourgery-Gonse, ‘France Effective in Combatting Financial Crime, though Some Critical Gaps Remain’ (2022) <https://www.euractiv.com/section/economy-jobs/news/france-effective-in-combatting-financial-crime-though-some-critical-gaps-remain/> accessed 4 July 2024

Antoine Kirry, and Alexandre Bisch, Debevoise& Plimpton LLP, Financial Crime in France: Overview  (2022) <hhtps://www.debevoise.com> accessed 3 July 2024

Deirdre O’Mahony et al, ‘Financial Crime in Ireland: Overview’<https://content.next.westlaw.com/practical-law/document/I5635ac588dec11ee8921fbef1a541940/Financial-Crime-in-Ireland-Overview?viewType=FullText&transitionType=Default&contextData=(sc.Default)&bhcp=1> accessed 4 July 2024

[1]Human Rights Watch, ‘Corruption on Trial? The record of Nigeria’s EFCC’ New York: Human Right Watch <https://www.hrw.org/reports/2011/08/25/corruption-trial-0>  accessed 7 June 2024

[2]Sowunmi F. A, Adesola M. A. & Salako M. A., An Appraisal of the Performance of the Economic and Financial Crimes Commission in Nigeria, International Journal of Offender Therapy and Comparative Criminology, 1047-69

[3]Samson OjodomoOnuche, Examination of the Challenges on the Fight Against Corruption in Nigeria, SSRN Electronic Journal <https://www.researchgate.net/publication/344836316>  accessed 26 June 2024

[4]Nicholas IoremberIorun, Rachel NwasoluImbwaseh and Matthew Atonko, Plea Bargaining as Economic Crimes Involving Companies in Nigeria: A Palliative to the Festering Wounds of Corporate Stakeholders Without Cure, Benue State University Law  Journal 2020  71

[5]Tope Adebayo LLP, The Legality of the Use of Plea Bargain in the Nigerian Criminal Justice System  <https://www.topeadebayolp.com>  accessed 13 June 2024

[6]ibid

[7]Nicholas IoremberIorun, Rachel Nwasolu Imbwaseh and Matthew Atonko, Plea Bargaining as Economic Crimes Involving Companies in Nigeria: A Palliative to the Festering Wounds of Corporate Stakeholders Without Cure, Benue State University Law  Journal 2020  71

[8]Ted C Eze and EzeAmaka G, ‘A Critical Appraisal of the Concept of Plea Bargaining in Criminal Justice Delivery in Nigeria’ (2015) Global Journal of Politics and Law Research <https://www.eajournals.org> accessed 26 June 2024

[9]Nicholas Iorember Iorun, Rachel Nwasolu Imbwasehand and Matthew Atonko, Plea Bargaining as Economic Crimes Involving Companies in Nigeria: A Palliative to the Festering Wounds of Corporate Stakeholders Without Cure, Benue State University Law  Journal 2020  73

[10]ibid

[11]Lucian E. Dervan. ‘Plea Bargaining’s Survival: Financial Plea Bargaining, a Continued Triumph in a Post-Enron World’(2007) Oklahoma Law Review, 451-488

[12]Nicholas IoremberIorun, Rachel Nwasolu Imbwasehand Matthew Atonko, Plea Bargaining as Economic Crimes Involving Companies in Nigeria: A Palliative to the Festering Wounds of Corporate Stakeholders Without Cure, Benue State University Law  Journal 2020  74

[13]Ted C Eze and EzeAmaka G, ‘A Critical Appraisal of the Concept of Plea Bargaining in Criminal Justice Delivery in Nigeria’ (2015) Global Journal of Politics and Law Research <https://www.eajournals.org> accessed 26 June 2024

[14]Nicholas IoremberIorun, Rachel Nwasolu Imbwasehand Matthew Atonko, Plea Bargaining as Economic Crimes Involving Companies in Nigeria: A Palliative to the Festering Wounds of Corporate Stakeholders Without Cure, Benue State University Law  Journal 2020  74

[15]Onyema et al, ‘The Economic and Financial Crimes Commission and the Politics of Effective Implementation of Nigeria’s Anti-corruption Policy’ ACE SOAS Paper No. 7/2018 <https://ace.soas.ac.uk> 1 July 2024

[16]Section 35 (1)(2) EFCC Act 2004

[17]Onyema et al, ‘The Economic and Financial Crimes Commission and the Politics of Effective Implementation of Nigeria’s Anti-corruption Policy’ ACE SOAS Paper No. 7/2018 <https://ace.soas.ac.uk> 1 July 2024

[18]Magu Ibrahim, Magu List Challenges, Achievements as he Defends Budget, <https://www.prnigeria.com> accessed 1 July 2024

[19]Micah Christian Sample, ‘Institutional Architecture in the Fight Against Corruption in Nigeria: A Critique’ (LL.B thesis, University of Calabar 2019)

[20]ibid

[21]Ibid 53

[22]Sanction Scanner,‘Anti Money-Laundering-5 Countries with the Lowest Money Laundering Risks’ <https://www.sanctionscanner.com/blog/5-countries-with-the-lowest-money-laundering-risks-831> accessed 3 July 2024

[23] Theo Bourgery-Gonse, France Effective in Combatting Financial Crime, though Some Critical Gaps Remain (2022) <https://www.euractiv.com/section/economy-jobs/news/france-effective-in-combatting-financial-crime-though-some-critical-gaps-remain/> accessed 4 July 2024

[24]Antoine Kirry, and Alexandre Bisch, Debevoise& Plimpton LLP, Financial Crime in France: Overview  (2022) <hhtps://www.debevoise.com>

[25]ibid

[26]Code De Procedure Penale (CCP)

[27]Article L561-30-1, Monetary and Financial Code

[28]Section 13 (2), 7 (2) (f) EFCC Act 2004

[29]Section 6 (n) ibid

[30]Section 6 (o) ibid

[31]Deirdre O’Mahony et al, Financial Crime in Ireland: Overview, (2023) <https://content.next.westlaw.com/practical-law/document/I5635ac588dec11ee8921fbef1a541940/Financial-Crime-in-Ireland-Overview?viewType=FullText&transitionType=Default&contextData=(sc.Default)&bhcp=1> accessed 4 July 2024

[32]ibid

[33]Deirdre O’Mahony et al, Financial Crime in Ireland: Overview, (2023) <https://content.next.westlaw.com/practical-law/document/I5635ac588dec11ee8921fbef1a541940/Financial-Crime-in-Ireland-Overview?viewType=FullText&transitionType=Default&contextData=(sc.Default)&bhcp=1> accessed 4 July 2024

[34]ibid

[35]Section 14 (2) EFCC Act 2004

[36]Section 14 (3) ibid

Urgent Need For Capacity Development And Policy Coherence | Prof. Olawuyi SAN

by Legalnaija | Aug 21, 2024 | Uncategorized

Professor Olawuyi, SAN calls for policy coherence and urgent capacity development to avoid exploitative international trade agreements

Professor of International Law and President of the International Law Association-Nigerian Branch, Professor Damilola Olawuyi, SAN, has described the unilateral signing of international agreements by sub-national entities such as Ogun State, as a lamentable violation of Nigeria’s constitution and contrary to the tenets of international law.

Speaking today on the Morning Brief on Channels Television, the Senior Advocate of Nigeria called for enhanced policy coordination and coherence by all tiers of government to avoid policy misalignments and to improve investor confidence needed to attract sustainable foreign investments to Nigeria. Speaking on the need for ethical diplomacy, he called on responsible states to the wary of giving effect to exploitative investment agreements that are contrary to Nigeria’s public policy.

Professor Olawuyi also called for enhanced capacity development and training on international law and diplomacy for government officials in ministries and agencies saddled with any aspect of contract negotiations. He lamented the situation whereby many officials go to the negotiation table with little or no knowledge of the intricacies of international law. In this regard, he encouraged governments at all levels to engage in the training opportunities provided by the International Law Association.

Established in Brussels in 1873, the ILA’s objective and mandate is to promote “the study, clarification, and development of international law, both public and private, and the furtherance of international understanding and respect for international law.” For example, following the resounding success of the inaugural course held in Abuja, applications are now being accepted for the Certificate of Advanced Studies in International Law & Diplomacy Course to be held in Lagos from October 16-22, 2024. Early bird deadline for registration is 15 September 2024. More information: https://ilanigeria.org.ng/casil

Protection And Exploitation Of Art Under Copyright Law | AOC Solicitors

by Legalnaija | Aug 12, 2024 | Uncategorized

An artist has the right and capacity to register their art, and the authorship status under Copyright Act 2022 vests in the artist the right to exploit his or her art in different ways. In this topic, we shall focus on the protection available to an artist and the ways an artists can exploit their art.

Protection of Art

For the purpose of this article, our focus shall be on copyright protection available to art in Nigeria. Although in Nigeria, copyright protection inures from the point when the work is created. An artist need not register his art before he can enforce his rights against any infringer. However it is important that an artist takes a further step and register all his art works.

There are two main eligibility criteria that  must be met by anyone seeking copyright registration.  These criteria are listed below:

1. The work must be a published expression of an idea, not a thought in the owner’smind.
2. The work must be original, not an imitation of another work.

Reasons why an Artist should register His Copyright

1. AUTHENCITY OF GENUINENESS

An artist gets a certificate of authenticity upon conclusion of copyright registration. This certificate can be used as a proof of genuineness of his art work. This will also help during the process of moving art works from Nigeria to other countries during immigration check.

2. ACCESSIBLE BY THE GENERAL PUBLIC

The registration  of copyright  in art works makes it easier for members of the public to easily assess information relating to the work or author through the platform provided by the copyright commission.

3. PRESERVATION OF THE ART WORK

Registration  of copyright  helps in preserving the work, especially in the case of an author who is untraceable  or has died, Registration  of the art will help provide necessary  information  that will lead to the artist.

4. PROTECTION OF THE RIGHTS OF LICENSEES

The licensees of the registered work who need rights management information regarding the work can easily possess such through the Notification Database.

5. INTERNATIONAL PROTECTION

A copyright registered in Nigeria can be enforced  outside the country in countries which require registration  of copyright to seek protection  of such art against likely infringers.

6. RE-INFORCES THE RIGHT TO SUE

Although the author of a work need not register the work before he can seek protection, registration of his copyright strengthens the capacity of the copyright holders’ legal right to sue for damages and seek legal remedies against infringers.

Exploitation of Art

1. FIRST OWNERSHIP OF COPYRIGT

Section 28 of the Act confers the first ownership of copyright in the author of a work.

2. AUTHORSHIP RIGHT

Section 10 of the Copyrights Act provides that Subject to the exceptions specified in Part II of the Act, copyright in an artistic work shall be the exclusive right to do and authorise the doing of any of the following acts —

reproduce the work ;

publish the work ;

include the work in an audiovisual work ;

broadcast the work ;

communicate the work to the public ;

make the work available to the public by wire or wireless means in such a way that members of the public are able to access the work from a place and at a time individually chosen by them

make any adaptation of the work and

do in relation to an adaptation of the work any of the acts specified in relation to the work under subsection (1)(a), (b) and (c).

3. RIGHT TO PROCEED OF SALE

Section 17 of the act provides that, notwithstanding any assignment or sale of the original work, an author of an artistic work shall have an inalienable right to a share in the proceeds of any sale of that work by public auction or through a dealer, subsequent to the first transfer by the author.

4. RIGHT TO ASSIGN INTEREST OR LICENCE

Section 30 of the Act vests in the artist the right to assign exclusive or limited use of his work to other people. In the case of an exclusive assignment, such assignment should be made in writing in other to be enforceable under the Copyright Act. However a non-exclusive right need not be in writing as it could made orally.

5. MORAL RIGHTS

Section 14(1) (a) & (b) of the Copyright Act provides for the moral right of an artist. The author of a work in which copyright subsists has the right to claim authorship of his work, in particular that his authorship be indicated in connection with any of the acts referred to in sections 9, 10 and 11of the Act, except when the work is incidentally or accidentally included in a broadcast when reporting current events. The author of a work also has the right to object and to seek relief in connection with any distortion, mutilation or other modification of, and any other derogatory action in relation to his work.

6. RIGHT OF RECOGNITION

An artist has the right to be recognized as the author of a work where such work is referenced or cited.

As a Creative or Artist, it is hoped that this article has shed a bit more light on how you can protect and exploit your art. If you have any questions about copyright protection for Artists, don’t hesitate to send a mail to info@aocsolicitors.com.ng or visit www.aocsolicitors.com.ng