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

NBA-SBL 18th Annual International Business Law Conference Finale

by Legalnaija | Jul 2, 2024 | Uncategorized

The Nigerian Bar Association Section on Business Law (NBA-SBL) concluded its 18th Annual International Business Law Conference on the 28th June, wrapping up a series of dynamic and informative sessions designed to empower legal practitioners and businesses. Themed “Survive and THRIVE,” the conference provided attendees with critical insights into various aspects of business law and the economy.

The day began with breakout sessions:

Breakout Session 1: Tackling the Power Deficit – Is Renewable Energy the Solution?

Moderated by Mrs. Dolapo Kukoyi, this session explored renewable energy as a potential solution to Nigeria’s power deficit. Speakers included Mr. Seyi Bioku (virtual attendance), Mr. Dafe Akpeneye, Ms. Ozim Ifeoma Ibeziako, Ms. Ozioma Agu, and Mr. Abba Aliyu.

Breakout Session 2: Infrastructure Development and Economic Sustainability – A Case for Special Economic Zones

Moderated by Mr. Dapo Oduwole, this session examined the role of special economic zones in driving infrastructure development and economic sustainability. Panelists included Dr. Olufemi Ogunyemi, Mrs. Bolatito Ajibode, Mr. Mu’azu Musa Sahabi, Mr. Abiola Osho, and Mr. Yomi Ademola.

Breakout Session 3: Cybersecurity & Data Privacy in the Age of AI – Legal Considerations

Moderated by Mr. Olatunji Muritala, this session focused on the legal implications of cybersecurity and data privacy in the era of artificial intelligence. Speakers included Mr. Olumide Babalola, Ms. Rachel Magege (virtual attendance), Mr. Noble Obasi, Mrs. Ngozi Aderibigbe (virtual attendance), Mr. Victor Famubode, and Ms. Adamma Isamade.

Breakout Session 4: Balancing Act – Responsible Gambling Regulation in a Thriving Sports Betting Industry

Moderated by Mr. Ayokunle Adetula, this session addressed the regulatory challenges and responsibilities associated with the booming sports betting industry. Panelists included Mr. Lanre Gbajabiamila, Mrs. Beverly Agbakoba-Onyejianya, Mr. Layi Onafowokan, and Mr. Chizenum Nsitem.

Breakout Session 5: Unlocking the Potential of Real Estate Investment Trusts in Nigeria

Moderated by Mr. Ismaila Usman, this session delved into the opportunities and challenges in Nigeria’s real estate investment trust sector. Speakers included Hajiya Saadiya Aliyu Aminu, Mr. Ezekiel Nya-Etok, Mr. Gbenga Ismail, and Hajiya Sa’adatu Aliyu.

Breakout Session 6: The Untapped Potential of the Blue Economy

Moderated by Ms. Kashimana Tsumba, this session explored the blue economy’s potential in Nigeria and how it will help the governments create huge opportunities which in turn will create new sources of revenue that may contribute to the implementation of development plans and reduce donor dependency on national budgets. It featured insights from Dr. Emeka Akagbogu, Mr. Olanrewaju Badmus, Ms. Boma Alabi, OON, SAN, Ms. Joy Asanga-Dimka, and Mr. Jibril Abba.

Following the breakout sessions was Plenary Five: Session with Past NBA-SBL Chairs. Moderated by Ms. Ozofu Ogiemudia vice chair NBA-SBL, the session reflected on the NBA-SBL’s past achievements and future directions. Mr. George Etomi, founding chairman of the SBL, reminisced about the organization’s inception and expressed joy at its growth.

He attributed the success of the SBL to hard work and dedication and commended the current chairman and planning committee for organizing an excellent conference. Mr. Adeoye Adefulu also shared his positive reflections on his SBL’s journey and encouraged young lawyers to engage actively, stating that the future of the SBL lies in their hands.

Next was Plenary Six: Mental Health – Moment of Truth: Are We Burning Out?

Moderated by Ms. Sylvia Nzekwu, this session addressed mental health and burning out in the legal profession, particularly in light of the current economic situation. Insights were provided by Mr. Omoruyi Edoigiawerie, Ms. Maimuna Ummi, Ms. Ayodele Adeyemi-Faboya, Ms. Tosin Ajose, Ms. Oyiza Salu, and Mr. Jamiu Akolade. The session encouraged attendees, especially young lawyers, to stay focused and resilient in their careers and to seek therapy if needed.

Following this were the conference debates. The day concluded with 2 lawyers winning the Tare Yeri Award and 1 winning the Oludamola Awobokun Recognition. The Tare Yeri Award was for dedication, selfless contribution and unwavering commitment towards the development of the NBA-SBL. While the Oludamola Awobokun Recognition was for embodying diligence, consistency, hard work, and efficiency in the NBA-SBL. Closing remarks and recognitions by the CPC Chair, Ose Okpeku and the NBA-SBL Chairman, Mr. Adeoye Adefulu, marked the official end of the conference. The conference ended on a high note in a lively celebration party for the NBA-SBL’s 20th anniversary.

The NBA-SBL remains committed to providing a platform for legal professionals to exchange knowledge and foster growth in the field of business law.

For further information and updates on the conference, visit the NBA-SBL website at www.nbasbl.org or contact the Conference Secretariat at info@nbasbl.org. Follow us on social media platforms to stay updated. Please visit NBA-SBL on Instagram – @nbasbl and Twitter – @nbasblofficial.

Legal Framework For Art Law In Nigeria | AOC Solicitors

by Legalnaija | Jun 20, 2024 | Uncategorized

INTRODUCTION

In Nigeria, there are several laws and regulations that govern art transactions and art laws, such as the Sale of Goods Act, the Copyright Act, the National Gallery of Art Act, the Value Added Tax Act, the Customs and Excise Management Act, etc.

1. CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (as amended)

Section 21 of the constitution provides that the state shall protect, preserve and promote the Nigerian cultures, which enhance human dignity. It also provides that the state shall encourage development of technological and scientific studies which enhance cultural values.[1]

Section 44(1) of the constitution guarantees the right to own and acquire movable property in Nigeria. Thus a person has a right to purchase and own an art work in Nigeria.

2. SALE OF GOODS ACT, 1893

Although artists create artworks to express their thoughts and emotions, selling these pieces is also a common practice. When an artist sells an artwork, a contract of sale sets out the terms and conditions of the transaction. This process involves various legal considerations governed by both general sales law and specialized art law. The Sales of Goods Act, 1893, is a key legislation regulating contracts of buying and selling in Nigeria. While it allows parties to set their own terms of agreement, it also provides certain implied terms to ensure fair and standard practices in sales contracts.

When artworks are bought and sold, the principles of the Sales of Goods Act often apply, but with specific considerations unique to art:

1. Implied Terms and Quality: Determining whether an artwork meets implied terms can be complex due to issues of authenticity, condition, and provenance[2].
2. Transfer of Property: Ownership and title transfer are critical, especially in ensuring there are no disputes over stolen art or unclear provenance[3].
3. Warranties and Representations: Sellers often provide warranties about the authenticity and provenance of art, which can lead to significant legal issues if breached[4].
4. Remedies: Buyers of art may seek rescission (cancellation) of the sale, damages, or other remedies if the artwork is found to be a forgery or misrepresented[5].

3. COPYRIGHT ACT, 2022

The copyright Act is the major legislation that protects the rights of original creators and authors in Nigeria.

Section 1 of the act expressly states out the objectives of the Act to include;

1. protect the rights of authors to ensure just rewards and recognition for their intellectual efforts ;
2. provide appropriate limitations and exceptions to guarantee access to creative works ;
3. facilitate Nigeria’s compliance with obligations arising from relevant international copyright treaties and conventions ; and
4. enhance the capacity of the Nigerian Copyright Commission for effective regulation, administration, and enforcement of the provisions of this Act.

Section 2 of the Copyrights Act lists the categories of works eligible for Copyright in Nigeria. They include;

1. literary works ;
2. musical works ;
3. artistic works ;
4. audiovisual works ;
5. sound recordings ; and

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 —

1. reproduce the work ;
2. publish the work ;
3. include the work in an audiovisual work ;
4. broadcast the work ;
5. communicate the work to the public ;
6. 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
7. make any adaptation of the work and
8. 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).

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 and11of 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.

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. The right conferred by this section shall apply only to originals of such work. The condition for the exercise of the right conferred by this section shall be determined by regulations made by the Commission.

The duration for copyright in artistic works is provided in Section 19 of the act. Copyright in artistic works shall subsist until 70 years after the end of the year in which the author dies[6]. In the case of an anonymous artist, copyright shall subsist until 70 years after the year in which the work was first made available to the public with the consent of the author or 70 years after the work was created, if not made available to the public within that time, provided that when the author becomes known, known, the duration of copyright shall be in accordance with the provisions of subsection (1)[7].

Except as otherwise provided in an agreement, copyright conferred by this Act, shall initially vest in the author[8]. For the purpose of Chapter 4 of the Constitution of the Federal Republic of Nigeria 1999, copyright shall be deemed to be movable property and shall be transferable by way of assignment, testamentary disposition or operation of law[9].

Copyright is infringed by any person who without the authorisation of the owner of the copyright;

1. does or causes any person to do an act, which constitutes a violation of the exclusive rights conferred under this Act ;
2. imports or causes to be imported into Nigeria any copy of a work which if it had been made in Nigeria would be an infringing copy under this Act ;
3. sells, offers for sale or hire any work in respect of which copyright is infringed under paragraph (a) ;
4. makes or has in his possession, plates, master tapes, machines, equipment or contrivances used for the sole purpose of making infringing copies of the work ;
5. permits a place of public entertainment or of business to be used for a public performance of the work, where the performance constitutes an infringement of copyright in the work, unless the person permitting the place to be used was not aware and had no reasonable ground to suspect that the performance constitutes an infringement of the copyright ;
6. permits within its premises, the reproduction of a copyright work ; or
7. performs or causes to be performed for the purposes of trade or business or the promotion of a trade or business, any work in which copyright subsists[10].

4. THE VALUE ADDED TAX ACT

Value Added Tax (VAT) is a consumption tax levied on the value added to goods and services at each stage of production or distribution. The current rate of VAT in Nigeria is 7.5%.

The sale of artworks by artists, galleries, dealers, and auction houses is typically subject to VAT. Understanding VAT and its implications on the sale and purchase of artworks is crucial for both artists and buyers. It ensures compliance with tax laws and helps manage the financial aspects of art transactions effectively.

5. CUSTOMS AND EXCISE MANAGEMENT ACT

In Nigeria, the Customs Act and Art Law intersect in several significant ways, particularly concerning the import and export of artworks. Understanding these legal frameworks is essential for artists, collectors, dealers, and cultural institutions engaged in international art transactions.

6. NATIONAL COUNCIL FOR ARTS AND CULTURE ACT

This act establishes the National institute for Cultural Orientation with the objective of promoting and fostering the appreciation, revival and development of Nigerian Arts and Culture.

7. THE NATIONAL ART GALLERY ACT

This Act establishes the National Gallery of Art, which is responsible for collecting, preserving, and promoting Nigerian visual arts. It also provides for the regulation of art exhibitions and the promotion of art education.

8. TRADEMARKS ACT (CAP T13, LAWS OF THE FEDERATION OF NIGERIA 2004)

The Trademarks Act protects the intellectual property rights of artists and creators by allowing them to register trademarks for their works. This can include logos, symbols, and other distinctive marks used in commerce.

CONCLUSION

The legal framework of art law in Nigeria is multifaceted, involving various laws and institutions aimed at protecting and promising the heritage of art works as well as protecting the rights and interest of art stakeholders.

References

[1] Section 21, 1999 Constitution of the Federal Republic of Nigeria.

[2] Section 10, 12, 14 and 15 of the Sale of Goods act, 1893.

[3] Ibid at 2

[4] Section 12, Sale of Goods Act, 1893.

[5] Section 39, Sale of Goods Act, 1893..

[6] Section 19(1) Copyright Act, 2022

[7] Section 19 (2) Copyright Act, 2022

[8] Section 28, Copyright Act, 2022

[9] Section 30, Copyright Act, 2022

[10] Section 36, Copyright Act, 2022

Source: AOC SOLICITORS

#NBALAGOSLAWWEEK: Welcome Address By Chair Planning Committee 

by Legalnaija | Jun 13, 2024 | Uncategorized

It is with profound honor and a deep sense of privilege that I welcome you to NBA Lagos Annual Law Week 2024. In this distinguished gathering, we are united in our commitment to confront and navigate the significant transformations our profession faces, particularly as we adapt to the global shifts in legal practice.

This year’s Law Week theme, “Charting New Legal Frontiers: Practice of Law in Nigeria, Cross-Border Alliances & Partnerships,” reflects our collective ambition to forge new paths in the practice of law. We are navigating an era where global partnerships and cross-border collaborations are not just beneficial; they are imperative for success and sustainability. As we explore these frontiers, we aim to adapt and thrive in a landscape marked by rapid changes and increased connectivity.

Throughout the week, our sessions are designed to tackle various facets of our theme comprehensively. We will delve into strategies for expanding Nigerian legal practices into new markets, mastering the challenges of maintaining dual qualifications, and effectively utilizing technological advancements such as AI and blockchain. Additionally, we address pressing concerns such as the brain drain and the urgent need for talent retention within our legal community. These discussions aim not only to provide us with the knowledge to explore current trends but also prepare us for emerging opportunities and challenges. Each session is crafted to enhance our understanding and equip us with the tools to lead in the global legal arena, manage complex international transactions, and foster resilient partnerships that ensure that we remain at the forefront of legal innovation and excellence.

It is my distinct pleasure to specially acknowledge our keynote speaker, Mr. Segun Osuntokun, the Global leading partner in Bryan Cave Leighton Paisner, one of the foremost global law firms.

I also want to extend my heartfelt gratitude to our panelists, moderators, and debaters, whose invaluable contributions will be pivotal to the success of this week. Each of you will bring depth, expertise, and diverse perspectives that will enrich our discussions and expand our horizons. Your willingness to share your knowledge and engage in meaningful dialogue will enhance the quality of our sessions and inspire us all to strive for excellence in our practices.

We will be marking Nigeria’s Democracy Day within this eventful week, and a democracy walk will be held to remind us of the important role that our profession plays in nurturing and safeguarding the tenets of democracy. The Democracy Walk will be held alongside a series of community-focused events that highlight our commitment to societal betterness. These include a Charity Visit to Island Maternity and a Charity & Legal Clinic at Ikoyi prison—activities that not only exemplify our profession’s role in advocacy but also ground us in the everyday realities that shape our legal frameworks.

The Bar and Bench Forum is a cornerstone of this week’s activities and will serve as a vital platform for open dialogue between the judiciary and the legal profession. This forum will play a critical role in bridging gaps and promoting a more cohesive approach to justice and advocacy.

A special highlight of our week is the New Wigs Induction, a venerable tradition of the NBA Lagos Law Week. This ceremony is a significant rite of passage for our newest members and a celebration of their entry into the legal profession. It is an opportunity for us to welcome fresh talent and for them to imbibe the ethos and responsibilities of the noble path they have chosen.

Amidst the intellectual rigor of our sessions, we have also curated moments for relaxation and celebration, which are crucial for our personal and professional well-being. The Honourable Chief Judge’s Cocktail, the Red Carpet Law Week Theme Party, and the Elders’ Night for senior members of the Bar offer splendid opportunities for us to unwind and forge deeper connections with our peers in more informal settings.

The week will culminate in a spirited Novelty Football match and a Family Fun Day, a day for our members to unwind with their loved all ones, because we believe that ‘all work and no play’ should never be our motto.

I would like to extend a heartfelt vote of thanks to Mr. Olabisi Makanjuola, chair of our branch, and his executive committee for their visionary leadership and steadfast dedication to innovation. I also wish to pay tribute to the members of our planning committee, whose sacrifices and hard work have been the backbone of this event’s success. Your dedication and commitment are what make this law week possible, and for that, we are immensely grateful.

Our sponsors also deserve our gratitude for their generous support. Their commitment has enabled us to create a week filled with valuable learning and networking opportunities.

Lastly, I sincerely thank all of you, our delegates, for attending. Your presence enriches our discussions, your insights enhance our learning, and your commitment to our profession inspires all of us.

Thank you for joining us. Welcome to what promises to be not only an informative but also an inspiring and transformative week.

Mrs. Folashade Alli (SAN)

Monday, 10^th Of June, 2024

Judicial Review: Tolulope Aderemi Vs. Kenya Airways Limited

by Legalnaija | Jun 10, 2024 | Uncategorized

Overview:

In the case of Tolulope Aderemi v. Kenya Airways LTD, the Honourable Court addressed a passenger’s claim against Kenya Airways Ltd. for a significant flight delay. The plaintiff, Mr. Tolulope Aderemi, sought compensation for the inconvenience and untold hardship he incurred due to the wanton delay of flight KQ535D from Lagos, Nigeria to London through Nairobi initially scheduled for Saturday, 3^rd of August, 2019. The Court held that the Defendant’s summary cancellation, wanton delay of journey and inexplicable failure to communicate the rescheduling amounted to negligence. Also that the Defendant’s failure to notify the Claimant of the flight cancaellation amounted to a breach of contract by air. The Court also awarded the sum of $5,180 to the Claimant.

Facts

Mr. Tolulope Aderemi was scheduled to fly from Lagos, Nigeria to London through Nairobi on Saturday, the 3^rd of August, 2019. The flight, operated by Kenya Airways LTD, was delayed to Sunday, the 4^th of August, 2019. Mr. Tolulope Aderemi claimed that the failure of the airline to provide prompt and adequate communication of the delay amounted to negligence and also occasioned untold hardship and inconvenience to him.

Mr. Tolulope Aderemi instituted an action before the Honourable Justice Faji, sitting at the Federal High Court, Ikoyi, Lagos, seeking compensation under the Montreal Convention and the Nigerian Civil and Aviation Act, which governs international air travel and provides for passenger rights in cases of delays, cancellations, and other disruptions. Upon hearing the arguments of parties, the Honourable Court dismissed reliefs number 4 and 5 claimed by the Plaintiff and in the same vein, awarded the sum of $5,180.00 (Five Thousand One Hundred and Eighty Dollars) in favour of the Plaintiff.

Reliefs claimed by the Plaintiff

The reliefs clamed against the Defendant were as follows;

1. A DECLARATION that the summary flight cancellation, wanton delay of journey, inexplicable failure of the Defendant to promptly communicate the rescheduling of flight KQ535D from Saturday, the 3^rd of August 2019, to Sunday, the 4^th of August, 2019; the flight from Lagos, Nigeria to London through Nairobi amounts to negligence.
2. A DECLARATION that the failure of the Defendant to notify the Plaintiff and his agent of the alleged cancellation/rescheduling of flight KQ535D from Saturday, the 3^rd of August, 2019, to Sunday, the 4^th of August, 2019 amounts to breach of contract by air.
3. A DECLARATION that the Defendant was negligent in handling the summary flight cancellation, wanton delay of journey and failure to notify the Plaintiff of the rescheduling of flight KQ535D from Saturday, the 3^rd of August 2019, to Sunday, the 4^th of August, 2019.
4. A DECLARATION that the Defendant’s failure to airlift the Plaintiff’s passenger luggage on the return flight from London to Nairobi with the attendant inconvenience and untold hardship foisted on the Plaintiff amounts to negligence.
5. A DECLARATION that the Defendant’s failure to airlift the Plaintiff’s passenger luggage on the return flight from London to Nairobi with the attendant inconvenience and untold hardship foisted on the Plaintiff amounts to breach of contract of carriage by air.
6. The sum of $5,180.00 (Five Thousand One Hundred and Eighty Dollars) representing the Defendant’s liability under the Montreal Convention for the delay in airlifting the Plaintiff and rescheduling of flight KQ535D from Saturday, the 3^rd of August 2019, to Sunday, the 4^th of August, 2019.
7. General damages in the sum of N50,000,000 (Fifty Million Naira) being compensation for anguish , psychological trauma and mental distress occasioned by the summary cancellation and or rescheduling of Flight KQ535D from Saturday, the 3^rd of August 2019, to Sunday, the 4^th of August, 2019 and subsequent delay/failure to airlift the Plaintiff’s Passenger luggage on the return flight from London to Nairobi.

Rationale of the Court

The Honourable court after considering the arguments of both parties formulated two issues for legal determination to wit;

• Whether in view of the state of the parties’ pleadings, the evidence led and all surrounding facts and circumstances of this case, the Plaintiff has made out a case of Breach of contract of carriage by air and willful misconduct?
• If issue 1 is answered in the affirmative, whether the Plaintiff is entitled to the reliefs sought?

The court went further stating that the Plaintiff’s claim is two-fold to wit;

1. Cancelation/delay of his flight from Lagos to Nairobi
2. Delay in delivering his checked-in luggage on his return from London through Nairobi to Lagos.

The Honourable court in addressing the issues of parties, rightly identified thus;

“I think it is fairly common ground that the instant suit involves an International Carriage by Air (Colonies, Protectorate & Trust Territories) Order, 1953 which became operational on the 1^st of January, 1954.The MontrealConvention was ratified by Nigeria and domesticated by virtue of the Civil Aviation Act (CAA) of 2006. Even though there is a new Civil Aviation Act of No. 30 of 2022 which came into force on the 16^th of August, 2022, the applicable law to this suit is CAA 2006 which was the law in force when the cause of action arose in 2019.”

In view of the provisions of Article 19 of the Montreal Convention the court stated that there is no liability if the carrier can show that it took all measures that could reasonably be required to avoid the damage or that it was impossible for it to take said measures.

In light of the above, the court identified that Kenya Airways Ltd gave no explanation whatsoever for the delay. In the wordings of the court;

“There is no evidence of steps taken by the carrier to avoid the delay. There is no reference whatsoever to the reasons for the delay a fortiori an explanation of same or an indication of steps taken by the carrier to prevent the delay. It is also not in dispute that the carrier has a duty to notify the passenger in the event of a delay in flight. Much has been said about this.”

This ultimately led the court to find the Defendant’s conduct to be willful and consequently deprives it of the limitation protection in article 22 (1) (2) of the Montreal Convention. In a similar vein, the Honourable court opined thus;

“I find the totality of the of the defendant’s conduct on this score to be willful. It therefore seems to me that the conduct of the defendant herein deprives it of the limitation protection in Article 22 of the Montreal Convention and at the same time falls squarely within Article 22 (5) of the Montreal Convention as the failure to communicate the delay and the attendant failure to explain the delay on the particular day was done with intent to cause damage”

So in essence, the failure of the Defendant to communicate the delay, explain the delay and show the necessary steps it took to prevent said delay, would lead the court to invariably construe that said delay was done with intent to cause damage. In the wordings of the Honourable Court;

“In the instant case, the combination of the failure to notify the Plaintiff or his agent of the delay in the flight as well as the failure to explain why the delay and the steps taken to prevent same from happening show a willfulness on the part of the defendant to cause damage to the Plaintiff.”

The rationale of the court as pointed out in the above is particularly instructive as in the instant case, the Plaintiff claimed an amount in line with the limitation clause in Article 22 of the Montreal Convention. It goes without saying that Mr. Tolulope Aderemi would have been entitled to more than the $5,180.00 (Five Thousand One Hundred and Eighty Dollars) he claimed. According to the Honourable court, “the Plaintiff however claims a sum which he contends is the limitation figure. I cannot therefore give more than the plaintiff has claimed.”

With regards to the second half of the Plaintiffs claim, the Honourable court in identifying whether there was indeed a delay in delivering the plaintiff’s checked-in luggage, stated that the answer to said question is contained in Article 17(3) Montreal Convention.

Said Convention provides;

If the carrier admits the loss of a checked baggage or if the checked baggage has not arrived at the expiration of the twenty-one days after the date which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.

The court interpreting the above provision stated that;

“It is not in issue that the checked in luggage arrived within 21 days of the date it was supposed to arrive. It is only if it does not so arrive that the passenger is entitled to enforce the provisions of the Montreal Convention on delay in delivering the checked-in luggage.”

Following the above, the court held that the claim for delay in delivery of Plaintiffs checked in luggage is not actionable as the luggage was delivered per the requirements of the law.

Implications

This judgment undoubtedly underscores the obligations of airlines under the Montreal Convention, particularly regarding delayed flights. The court’s decision has several implications which include:

1. Liability for Delays: The Honourable court’s decision makes clear that airlines cannot evade liability for delays caused to passengers without showing that it took reasonable measures to prevent said delay.The decision of the court also emphasizes the airline’s duty of care towards its passengers.

In the wordings of the Honourable court;

“the defendant did not only breach the contract of carriage to carry the Plaintiff on the 3rd of August 2019 but also took no measures to prevent the delay or at best failed to show what steps it took to avoid the delay. It also failed to notify the plaintiff of the change in advance of the flight. That seems to be negligence. That is also akin to willful misconduct, a term which must be view of the peculiar circumstances of the case. In the instant case, the combination of the failure to notify the Plaintiff or his agent of the delay in the flight as well as the failure to explain why the delay and the steps taken to prevent same from happening show a willfulness on the part of the defendant to cause damage to the Plaintiff.”

The foregoing implies that when an airline is unable to discharge its burden of proof and show that it not only notified the passenger of the impending delay but that it also took certain steps to avoid the delay. The court would infer awillfulnesson the part of the airline to cause damage to the passenger.

Such inference implies that the airline would be unable to plead the limitation clause contained in Article 22(1)(2) of the Montreal Convention and would rather be liable under the provisions of Article 25 of the Montreal Convention.

2. Passenger Rights: The judgment also reinforces passengers’ rights to seek compensation for significant delays, particularly when airlines fail to fulfill their duty of care. This includes the right to receive timely information, assistance, and compensation for damages and any inconvenience.
3. Obligations of airlines: The judgment illustrates the obligations of airlines under the Aviation laws to provide adequate care and communication during delays. This case serves as a precedent, encouraging airlines to adopt more robust contingency plans and ensure compliance with passenger rights regulations.
4. A party cannot benefit from its wrongdoing: The Honourable court in the instant case also reaffirms the equitable principle of Ex turpi causa non oritur actio. In the wordings of the Honourable court, “It seems strange to me that a party would rely on the inadequacy of its system in justifying its wrongdoing.”
5. Double compensation: the refusal of the Honourable court in the instant suit to award both claims of $5,180.00 (Five Thousand One Hundred and Eighty Dollars) and N50,000,000 (Fifty Million Naira) by the Plaintiff, reaffirms the rule against double compensation as succinctly held in the case of British Airways v. Atoyebi (2014) LPELR-23120(SC).

Conclusion:

The instant suit is a pivotal case reinforcing the protections afforded to passengers under the Montreal Convention. The judgment serves as a reminder to airlines of their obligations to notify passengers of delays and take such steps to avoid such delays. As flight delays and disruptions remain a common issue in air travel in Nigeria, this case may influence future litigation and encourage airlines to adopt a more passenger-friendly approach.

The decision of the court in favor of the Plaintiff sets a meaningful precedent, ensuring that passengers have recourse and that airlines in Nigeria are held accountable for service failures. This decision will likely prompt airlines to review and enhance their contingency plans and communication strategies to avoid similar liabilities in the future.

Sponsorship Opportunity for Young Lawyers at the 18th Annual International Business Law Conference

by Legalnaija | Jun 5, 2024 | Uncategorized

The Nigerian Bar Association, Section on Business Law (NBA-SBL), is pleased to announce sponsorship opportunities for young lawyers to attend this year’s Annual International Business Law Conference. Following the success of last year’s initiative, NBA-SBL is once again offering this sponsorship opportunity to support the professional development of young legal practitioners and provide them with access to valuable learning and networking opportunities.

Eligibility Criteria:

1. You must be a young lawyer with 0-3 years of post-call experience
2. You must not be more than 25 years of age
3. You must have paid your 2024 Bar Practicing Fees (BPF) and NBA-SBL dues

If you meet the above criteria, you are eligible to apply for sponsorship to attend this year’s Annual Conference, scheduled to take place from June 26th to 28th, 2024, at the Abuja Continental Hotel, Federal Capital Territory, Lagos.

“We are excited to bring back this sponsorship opportunity for young lawyers,” said Ose Okpeku, Chairman of the NBA-SBL Conference Planning Committee. “It is part of our commitment to support the next generation of legal professionals and provide them with access to resources that will contribute to their professional growth and success.”

To stay informed about the selection process, trivia questions, and other updates regarding the sponsorship opportunity, kindly follow the NBA-SBL on social media platforms:

– Twitter: @nbasblofficial

– Instagram: – @nbasbl

Interested candidates are advised to keep an eye on these platforms for further information on how to apply for sponsorship and stay updated on conference-related news and announcements.

For more information about the conference, sponsorship opportunities, and registration details, please visit https://conference.nbasbl.org. Please visit the NBA-SBL website at www.nbasbl.org or contact the Conference Secretariat at info@nbasbl.org for additional information.