The Senate today, Tuesday, 6^th of
March 2018 summoned the Minister of State for Transportation (Aviation) Sen.
Hadi Sirika, to appear before the Senate to give a full briefing on the steps
being taken to minimize human errors and avoid preventable air crashes in the
Aviation Industry. 

This resolution was made following a motioned
sponsored by The Senator representing Lagos East in the Senate, Senator Gbenga
Ashafa titled “The need to minimize the possibility of Air Mishaps and near
Fatalities in Nigeria”.

Citing recent air mishaps in the aviation
industry, Ashafa expressed his concern over repeated the increased occurrences
of mishaps in the aviation sector.

In his words “The Senate Observes that on the
20^th of February, 2018 the story of a near fatal incident
involving Dana Airlines with number 9J0363 hit the news waves. It was reported
that the aircraft overshot the runway upon landing at the Port Harcourt Airport,
on a flight from Abuja. This incident was attributed to the wet surface of the
runway.”

He further stated that these recent
occurrences might be a sign of a sequence of human errors, caused by the
failure of officials and staff of the agencies saddled with the responsibility
of guaranteeing safety to carry out their due diligence before issuing
clearance for aircrafts to operate within the Nigerian airspace.

In conclusion he said “it is against this
backdrop that it has now become imperative to move with speed and alacrity in
order to ensure that all relevant agencies in the Aviation industry do their
work with excellence and minimal human error in order to prevent avoidable loss
of human lives.

The motion which was well received by the
Senate witnessed several contributions from Senators who expressed their
displeasure at the state of things in the Aviation industry. Some Senators
further shared their personal unpleasant experiences during their travels in
Nigeria commercial airplanes.

Senators who contributed to the Motion were
Senators Stella Odua, Abdulfatai Buhari, Chukwuka Utazi, James Manager,
Jibrin Barau, Mao Ohuabunwa, Obinna Ogba, Aliyu Sabi just amongst others.

In her contribution, the former Minister for
Aviation, Princess Stella Oduah was of the opinion that “the Aviation ministry
is the most regulated ministry in Nigeria. However, the responsibility lies
mostly with the pilot.”, while Aliyu Sabi, the Senate Spokesperson was of the
opinion that a state of emergency be declared on airports across the country.

The senate which was presided over by the
Deputy Senate President, Senator Ike Ekweremade, after deliberations resolved
to invite the Minister of State for Transportation (Aviation), Senator Hadi
Sirika to appear before the Senate to give a full briefing on the steps being
taken to minimize human errors and avoid preventable air crashes in the
Aviation Industry and further urged the Honourable Minister of State for
Transportation (Aviation) to immediately direct all relevant agencies in the
aviation industry to conduct a maintenance and airworthiness audit on all
commercial aircraft operating within the Nigerian Airspace.

One established tradition in
our legal system is that lawyers who wish to carry on practice as legal
practitioners shall participate in and satisfy the requirements of ‘Continuing
Professional Development’, this rule has been deep-rooted through practice in
conjunction with the backing of law. Our above stated obligation as lawyers in
this vein, ushers in, however, a bit of conundrum to many. Why so?

It is observed that the body
tasked with the responsibility of administering the mandatory Continuing
Professional Development (CPD) Program is the Nigerian Bar Association. This
trend has been accepted since the repeal of the Legal Education Act 1962 which had
earlier established the Nigerian Institute for Continuing Legal Education. Nevertheless,
the laws empowering a body such as the NBA to administer this function appear
to be at variance with each other.

A thorough study of the
Rules of Professional Conduct 2007 particularly in Rule 11 categorically states
thus:

“A lawyer who wishes to carry on
practice as a legal practitioner shall participate in and satisfy the
requirement of the mandatory continuing professional development (CPD) Program
operated by the Nigerian Bar Association” 

In contrast, the still
extant Legal Education (Consolidation, Etc) Act 1976 with focus on Section 3
states that:

“The Council (of legal education)
shall in addition to the function conferred on it by section 1 (2) of this Act
have responsibility for those matters in respect of which, before the
commencement of this Act, the Nigerian Institute for Continuing Legal Education
had the responsibility”.

Clearly the dichotomy between
this enabling provisions is centered on the question, who should be the body
administering the function of continuous learning for legal practitioners? It
is glaring, however, to note that the functions of these bodies are not
codified into a single document. The Rules of Professional Conduct highlight
some of the duties of the NBA as well as the Legal Practitioners Act. The
Council of legal Education on the other hand derives legitimacy from the Legal
Education Act and its functions are stipulated therein with support from the
Legal Practitioners Act.

At this junction, the
principle as has been interpreted by the most superior court in case of University of Lagos v. Aigoro (1985) NWLR
(Pt. 1) 143 must be applied, therein the court was of the opinion that when
there is variance in a legal position between the “Act” and the “Rule” the Act
shall supersede. Flowing from this train of thought, the Rules of Professional
conduct as made under the powers of the AG federation which empowers the NBA to
take up the function of Continuous Legal Education, must give way to the Legal
Education Act, as made under by National Assembly, which provides that the
Council of Legal Education is in truth, the right body to handle such mantle.

In consonance with this line
of reasoning A. Obi Okoye in his book “Law Practice in Nigeria” opines that:

“…the substantive statutory provision in
the Legal Education (Consolidation Etc) Act supersedes the Rules of
Professional Conduct…The provision of the RPC is contrary to the Act should be
void to the extent of its inconsistency. A subsidiary legislation may not be
capable of annulling the substantive provision of an Act or Law as the case may
be.” [1]

The Nigerian Law School is
established as the teaching arm of the Council of Legal Education as empowered
by Section 1 (2) of the Legal Education (Consolidation) Act. Before now, the
Nigerian Law School has only performed the function of churning out new wigs.
The provisions of the law, as seen in Section 3 of the Legal Education
(Consolidation) Act, obviously demands more than this singular function.

Conclusively, many who are
of the view that the NBA should carry out its function notwithstanding the
principle and position of law are strongly advised to canvass for the repeal or
amendment of the enabling Act.

Eseoghene
Palmer

Legal Practitioner

---

Sports law is an intricate weave of the traditional practice areas of contract and intellectual property etc 

To become a sports lawyer and learn what you need to know including key areas of practice in sports law and dispute resolution. As well as learn the different types of sports agreements; register to participate in our 2018 Career Training for Lawyers. 

Other modules include Entertainment Law, Intellectual Property, Finance for Lawyers, Mediation and lots more. 

REGISTRATION

Fee per delegate:

N25,000 – Early Bird (Ends 31st March, 2018)

N30,000 – Regular

Note that all Payment confirmation and Delegate Information should be sent to lawlexisinternational@gmail.com

The Lawlexis 2018 Career Training for Lawyers
is one it’s kind as it combines unique courses and excellent tutoring channeled
to provide appropriate legal skills mandatory for every lawyer via-a-vis the
innovation and competence required in today’s global business and legal world.

The scheduled courses for the training are
directed at how lawyers can best take advantage of new areas of law and deliver
exceptional client service.

The modules include – 

·       
Sports
Law 

·       
Mediation
as a form of ADR 

·       
Entertainment
Law 

·       
Finance
for Lawyers 

·       
Forensic
Document Examination 

·       
Intellectual
Property Law.

AND LOTS MORE

SPEAKERS

1.     Dr. Abiodun Osiyemi; President,
Forensic Science Academy

2.     Mrs. A. B Agbakoba –
Onyejianya ACIArb (UK); (LMDC Accredited Mediator); Head of Regulatory & Compliance, Olisa
Agbakoba Legal 

3.     Mr. Akinyemi
Ayinuoluwa; Principal Partner, Hightower Solicitors 

4.     Mr. Senator
Ihenyen ; Principal Partner; Infusion Lawyers 

5.     Mr. Fola Alade ASCMA
(UK); Principal Partner, Fotefa Partners 

6.     OACO Professional
Services (Chartered Accountants) 

REGISTRATION

Fee per
delegate:

N25,000 – Early Bird
(Ends 31^st March, 2018)

N30,000 – Regular

All Payment and Delegate Information should
be sent to lawlexisinternational@gmail.com before
date of training for proper registration. For more information and
confirmation of payment, kindly contact us on lawlexisinternational@gmail.com ,
09095635314 or 08055424566

CASH PRIZES UP TO N500, 000 + LAWPAVILLION ELECTRONIC LAW REPORT UP FOR GRABS IN A QUIZ COMPETITION FOR YOUNG LAWYERS (0-7 YEARS POST CALL)

In a bid to deepen the culture of reading, mastery and knowledge of legal terminologies among young Nigerian lawyers, we have set up this quiz competition strictly for the participation, benefit and welfare of young lawyers between 0 and 7 years’ post call. If you were called to the Nigerian bar from 2013 upwards, then you are eligible to win various prizes in The Babalola’s Law Dictionary Young Lawyers’ Quiz Competition.  To enter the competition, log on to www.bldictionary.com simply fill the application form. 1st prize: N250, 000 + 1 year Lawpavilion subscription 2nd prize: N150, 000 + copies of FWLR 3rd Prize: N100, 000 and other consolation prizes.  Entry closes on the 31st day of March 2018. Terms and conditions apply. For further enquiries, follow us on twitter @babalola_law or like our facebook page at Babalola’s LAW Dictionary 

#law #lawyer #lawdictionary #legal #price #winners

The city of Ilorin played host to the prestigious NBA NEC meeting.  In attendance were the President of the Nigerian Bar Association, AB Mahmoud, Paul Usoro SAN, the Executive Governor of Kwara State, Abdulfatah Ahmed and a host of others.

It was indeed a confluence of ideas at the Ilorin National Executive Committee (NEC) meeting of the Nigerian Bar Association (NBA) as delegates and NBA executives shared far reaching ideas with all other members of the NEC present; with the view to advancing the future of the NBA and the country at large.

Below are 5 major takeouts from the meeting:

1. The Executive Governor of Kwara State, Abdul fatah Ahmed, in his address mentioned that his administration is very particular about education in Nigeria, and his administration has invested in the construction of campuses for the Kwara State University.

2. The NBA President, AB  Mahmoud made a statement in regards to persons who are impersonating the Nigerian Bar Association on social media with various accounts. He has requested that all social media accounts using the Nigerian Bar Association’s name without prior authorization be taken down immediately.

3. It was officially announced by the NBA President that the ban to campaign for the upcoming NBA elections has not been lifted. The President inaugurated the electoral committee that will release the election guidelines and date to commence campaign. The members of the electoral include Prof. Awalu Yadudu, Tunde Busari SAN, Keke Meke, & Bolaji Agoro.

4. Four major front runners for the NBA Presidency, Paul Usoro SAN, Ernest Ojukwu SAN, Ernest Obi Okafor SAN and Mazi Afam were present at the meeting.

5. At the #NBANECilorin meeting, the Executive  Governor of Kwara State, Abdulfatah Ahmed commissioned the New NBA building which is located in the same complex as the High court.

          

At the General Assembly of
the Lagos East Senatorial District chapter of the All Progressives Congress
(APC), which took place on Thursday 1st of March, 2017, in Epe, the leaders of
the party and members within the district unanimously endorsed the candidacy of
the executive Governor of Lagos State, Governor Akinwunmi Ambode, to run for a
second term in office on the platform of the party.

The motion for the
endorsement of Ambode for a second term in office was moved by Otunba
Olorunfunmi Bashorun on behalf of all the Leaders and the entire APC membership
in Lagos East Senatorial Diostrict and seconded by the Senator representing
Lagos East, Senator Gbenga Ashafa. 

In the communique issued by
the General Assembly by Honourable Joko Pelumi, Secreytary of the District, the
party in the district resolved as follows “that it fully supports the
activities of the All Progressives Congress (APC) in Lagos State under the
leadership of Asiwaju Bola Ahmed Tinubu; The district also calls on all members
of the party to give maximum and unflinching support to the State Chapter of
the party under the leadership of the State Chairman,Otunba Henry Oladele
Ajomale; The district calls on all well-meaning members of our great party to
give maximum and unflinching support to the leadership of the party in the
Lagos East Senatorial District ,under Otunba Bushura Alebiosu; The district
also commends the performance of our indefatigable SENATOR GBENGA ASHAFA for
his impressive and resourceful delivery of the mandate of the district
adequately and hereby pass a VOTE OF CONFIDENCE  on his representation;
and finally That all aggrieved members of the party be reconciled forthwith to
enable a common front on the coming elections in 2019.”

The General Assembly of the
party in the Lagos East Senatorial District, was convened by the leadership of
the party in Lagos East upon securing the direction and approval of the
foremost leader of the party, Asiwaju Bola Ahmed Tinubu.

While addressing the press
at the event, Senator Gbenga Ashafa described Governor Ambode as well-deserving
of the endorsement of the party at the district level as well as across the
state. Saying that his developmental acheivements across the State had earned
him the unanimous support of the people.

The Senator also briefed the
press on some of his efforts through the instrumentality of the legislature
aimed at complementing the achievements of the State Government to include
ensuring that Lagos State and Lagos East benefit from the rail way
modernization projects of the Muhammadu Buhari led administration through the
inclusion and guaranteed funding of both the Lagos to Kano modernization
project and the Calabar to Lagos Standard Coastal railway project. He went
ahead to highlight the pivotal role he has played in the process of
rehabilitation of the Ikorodu-Sagamu highway, which would be commencing very
soon.  

Ashafa also mentioned other
interventions to include, the facilitation of water and irrigation projects
within the district, installation of transformers, distribution of
entrepreneurship empowerment tools and entrepreneurship training programs,
several medical outreach programs across the district, to mention a few.

He concluded by urging his
constituents to give Governor Ambode their unalloyed support stating that “Our
goal is to continue to do as much as we can to complement the immense effort
and laudable achievements of the administration of our dear Governor, Governor
Akinwunmi Ambode in our Senatorial District and the State. I therefore call on
all well meaning constituents to continue to give our unalloyed support to our
dear Governor in order to continue enjoying the development and growth that his
administration as brought to us all.

Photo – Kemifilani.com 

International Air Transport Association conditions provide that an Airline may refuse to carry a passenger in the interest of public safety or if it will violate the laws of any country flown into, from or over.