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Federal Ministry of Finance (FMF) whistleblowing programme

Federal Ministry of Finance (FMF) whistleblowing programme

by | Aug 31, 2017 | Uncategorized


The Federal Ministry of Finance (FMF)
whistleblowing programme is designed to encourage anyone with information about
a violation of financial regulations, mismanagement of public funds and assets,
financial malpractice, fraud and theft to report it. The Federal Government of
Nigeria, has thus established a portal via which information bordering on
violation of financial regulations, mismanagement of public funds and assets,
financial malpractice or fraud and theft that is deemed to be in the interest
of the public can be disclosed.

A whistleblower is a person who voluntarily
discloses to the Federal Government of Nigeria, through the Federal Ministry of
Finance, a possible misconduct or violation that has occurred, is ongoing, or is
about to occur with specific concerns which are in the public interest.
Some of this offences include; Information
on stolen public funds; Information on concealed public funds; Financial malpractice
or fraud; Theft; Collecting / soliciting bribes; Corruption, among others.
One may submit information through the
FMF-Whistle online portal or in writing to the Federal Ministry of Finance,
Presidential Initiative on Continuous Audit Unit or by calling 09098067946.
Download the FAQ here.

To visit the Whistle Blowing portal, click here
Perspectives on Probation, Confirmation and Promotion in Employment Contract | Kayode Omosehin, Esq.

Perspectives on Probation, Confirmation and Promotion in Employment Contract | Kayode Omosehin, Esq.

by | Aug 29, 2017 | Uncategorized

Probation
is simply an agreed trial period for a worker to prove his worth on a job to
his employer and assess the worth of the job to himself. Promotion is an
elevation of a worker in status within a company based on performance or other
considerations as may be agreed in an employment contract or determined by the
employer. Confirmation is the intermediate act of endorsement of a new worker’s
performance by a company sometimes between the periods of probation and
promotion; it is a testament that an employer is satisfied with the performance
of a new employee.


Probation
and promotion of a worker are, generally, matters which are based on each
worker’s contract. As such, an employment lawyer needs to review the employment
contract before an opinion can be formed on the ramifications of an employee’s
probation or promotion. Where the terms of employment are contained in various
documents, it is important to read all the various documents together to
decipher the intention of the parties regarding probation or promotion. From
experience, the offer letter of employment, the appointment letter (if it is
different from the offer letter), the terms and conditions of employment, staff
hand book, policy on review of rank/grade level, disciplinary procedures rules
as well as official circulars and notices circulated internally are all
relevant in determining the respective rights and powers of workers and
employers on probation and promotion.

The
rights of a worker under probation
A
person does not cease to be an employee of a company merely because he is on
probation. As such, in my view, a worker on probation is entitled to all
express benefits in an employment contract or those implied by the labour law.
Interestingly, however, Justice J. D. Peters of the National Industrial Court
held in Ogbonna v. Neptune Software Limited [2016] 64 N.L.L.R. (Pt. 228)
511 that an employer is not under any obligation to give notice of
termination of the service of an employee who is on probation until the
employment is confirmed. In other words, according to Honourable Justice J. D.
Peters, the employment relationship between a worker and a company in thatOgbonna case
was inchoate and that the need to give a notice for termination for one
calendar month stated in the claimant’s letter of employment would only arise
after the confirmation of his employment.

It
is difficult to agree with the reasoning of the judge in the foregoing case
given that an employment relationship is founded on contract following offer
and acceptance, with consideration taking the form of the employee’s resumption
and performance of a designated job. There are many judicial decisions of a
superior court to the effect that a contract of employment comes into existence
when a clear offer made by a company is unequivocally accepted by a job
applicant provided that there is no outstanding condition precedent to
assumption of work which must be fulfilled by the applicant. In fact, and law,
if such outstanding conditions are in the form of medical clearance, provision of
referees, verification of credentials etc. (as they usually are), the employer
can neither unilaterally revoke the offer after the applicant’s acceptance of
same before the deadline for fulfilling the other outstanding conditions, nor
prevent the applicant from fulfilling the rest of the conditions. So, upon
fulfilling the conditions for acceptance of an employment offer and resumption
of duty with a company, it will be inconsistent with judicial precedent to hold
that the employment contract between the worker and the company, in the
circumstances, is inchoate, as Justice J. D. Peters did in the Ogbonna’scase,
merely because the employment relationship commenced with probation. Employment
contracts are not sui generis as they are governed by common law rules
on general contract making which entail offer, acceptance and consideration,
including part-performance. See Federal Government of Nigeria v. Zebra
Energy (2002) 18 NWLR (Pt. 798) 162.

In
my view, a worker on probation is entitled to all the benefits stated in a
contract of employment which are enjoyable on probation and those implied by
law in deserving circumstances. A worker on probation is entitled to be paid
the agreed salaries for the probationary period. He is also entitled to pension
contribution from the employer. An employer of a worker on probation cannot
deny liability for remitting personal income tax of the employee on the ground
that the worker’s employment was probationary. If probation lasts longer than a
year, in my view, the worker is entitled to an annual leave. Both the employer
and employee are entitled to terminate the working relationship during
probation as agreed in the employment contract. It is necessary to repeat here,
only for emphasis, that in addition to the foregoing benefits, a worker on
probation is entitled to all other benefits or rights provided in his contract
of employment which are enjoyable during probation.

The
effect of confirmation of employment
Confirmation
is an attestation of an employer that a worker’s performance is satisfactory in
a period of probation for the purpose of extending the employment in accordance
with agreement. The length of probation before confirmation is a matter of
agreement. Most employment contracts provide for power of the employer to extend
a period of probation if the worker’s performance is unsatisfactory. Whenever
confirmation is due, it is advised to be in writing (in a letter or memo of
confirmation) with all necessary incidental terms clearly spelt out to avoid
the incidence of legal presumptions. Upon confirmation, a worker stands to
enjoy all the benefits which are attached to his employment.

Confirmation
of employment may be express such that an employer writes a letter or memo to
the employee or circulates same within the company to confirm a worker’s
employment at the end of probation. However, where probationary period has
ended but the employer neither expressly extends it nor terminates the
employment, the law presumes that the employment has been confirmed impliedly.
Under Nigerian employment law, at least from the various cases reviewed in the
course of this work, there is no implied extension of probation by the employer
and no such presumption is made in favour of an employer where such employer
fails to expressly extends a probationary period or terminates an
unsatisfactory service of a worker which extended after the expiration of an
agreed probation.

In
line with international best practice and labour standard, a Nigerian court
held in a case that the continuation of services after expiry of the probation
period without a new contract being drawn up means that the employment has been
impliedly confirmed and that a contract of indeterminate duration has taken
effect from the date when the offer for probationary service began. In the said
case, the claimant was engaged for a probationary period of two (2) years but
he was made to work for six (6) years without confirmation. The employment was
eventually terminated without notice or salary in lieu of notice. The
argument advanced by the employer was that the employment was never confirmed.
The court rejected the argument of the company and upheld the claims of the
employee in part. According to Honourable Justice P. O. Lifu (JP), such
termination amounted to unfair labour practice contrary to section254C (1) (f)
of the Constitution as same was incompatible with international best labour
practice.

There
is no specific legislation regulating confirmation of employment in Nigeria.
However, whenever there is any employment dispute regarding probationary
service, the employment contract is usually the proper guide to understanding
the rights of a worker under probation and after confirmation. The employer
must follow whatever procedure that is agreed in the employment contract. Where
confirmation of employment is subject to satisfactory performance by the
worker, a performance appraisal is essential, in my opinion, to evidence a
transparent process by which an employer arrives at a decision not to confirm
an employee’s service after probation.
Promotion
as a right or privilege

Promotion
of staff is a most controversial aspect of employment relationship largely
because of its perception or misconception as a right or privilege. Promotion
or lack of it can turn out to be ugly, leaving an unsavoury feeling in a work
environment, depending on the procedures adopted by a company to arrive at a
decision to promote or not to promote. Generally, under Nigerian employment
law, promotion is not a right but a privilege; it is usually expected to be
earned. Though the foregoing principle of law has its exceptions. In a case
decided by Honourable Justice Shogbola of the National Industrial Court on 9th
April 2014, the court found for a claimant who has been unlawfully terminated
from employment as a police officer but refused to grant the reliefs on
promotion on the ground that promotion of staff is not a right. Interestingly,
however, about a year after, Honourable Justice J. D. Peters of the same court,
in another case, held on 5th March 2015 that where promotion is based on agreed
conditions which the employee has fulfilled, it would be a breach of agreement
if the employer fails to approve his promotion.

What
is clear from a review of cases on promotion is that where a company’s staff
handbook or terms and conditions of employment provide for clear procedure for
promotion, failure of an employer to comply with the procedures may give rise
to liability for breach of contract in an action against the company by an
aggrieved staff. There is no laid down rule or guide for determining a right or
wrong promotion decision. Every employment contract will have its own
peculiarities on which, upon a proper review, an employment lawyer can provide
independent advice regarding the rights of either party. Perhaps I should add
that it is an onerous task for an aggrieved employee to successfully challenge
his employer’s decision on promotion, however unfavourable. There is a
presumption that every employee understands the terms of his or her engagement
at the time of accepting an offer of employment; and the onus to prove any
allegation of fraud or inducement rests on him. Malice and discrimination are
not enough in themselves to impute liability to a company unless there is a
clear evidence to support such allegations. Where a decision on promotion has
been wrongfully exercised, the court has power to entertain the complaints of
an aggrieved employee who has been affected by such decision.

How
to determine “satisfactory performance” of worker in matters of promotion

In
the discussion of promotion in employment law, the requirement of “satisfactory
performance” is the most subjective condition a worker is required to meet.
This is because the management of company determines what amounts to
satisfactory performance of a worker. Hence, the court usually adopts a strict
rule of interpretation of any promotion policy and will readily resolve any
ambiguity in the policy in favour of a worker. In a case decided against Zenith
Bank Plc, the employment contract stated that the claimant would be promoted
upon confirmation and subject to an above average performance rating (minimum
of B+). The claimant’s employment was confirmed at the end of probation
but he was not promoted despite his “A” performance rating. The court,
relying on the last performance appraisal, found for the claimant on the ground
that his performance was satisfactory to merit promotion. Consequently, the
court awarded damages in the sum of money representing the difference in
salaries of the claimant as the time of the suit and those which he would have
earned in (as well as bonuses and benefits accruable to) the higher office to
which he ought to have been promoted.

Review
of Promotion procedures
The
management of a company reserves the right to review the terms and conditions
of an employment contract, including those pertaining to promotion of staff.
However, when such review takes place, every affected staff ought to be
promptly informed about the details of the new promotion policy. It is
advisable to ensure that such management decision is not perverse as such that
will give the impression that an employee is obviously prejudiced or denied of
an entitlement which has become due. Where promotion is due to a worker, any
unilateral decision by a company to review a promotion policy to prejudice or
deny the worker may be deemed as a breach of agreement. Such affected worker
may be entitled to compensation in damages in any action challenging the
company’s decision during or after his resignation from the employment. It only
needs to be added that when a prejudicial decision is taken on promotion, a
right of action is deemed have accrued to an affected staff and he or she is
entitled to resign immediately and seek redress against the company.
Associate
at Udo Udoma & Belo-Osagie

What You Need To Know about Expatriate Employment In Nigeria | Busayo Adedeji

What You Need To Know about Expatriate Employment In Nigeria | Busayo Adedeji

by | Aug 29, 2017 | Uncategorized

  


With approximately 188 million
inhabitants, Nigeria is the most populous country in Africa and the seventh
most populous country in the world. The country has one of the largest
population of youth in the world. In 2014, Nigeria overtook South Africa
to become Africa’s largest economy and in 2015, Nigeria was said to be the
world’s 20th largest economy, worth more than $500 billion and $1 trillion in
terms of nominal GDP and purchasing power parity respectively.

With the stats detailed above, it
is no wonder the country has become a first port of call for Foreign Direct
Investors looking to invest in Africa. This article seeks to examine and point
out some salient facts every employer of Expatriate Employee must know while
operating in Nigeria. These industry practices and regulations apply to both
local and foreign companies.
Permits and Licences
Every company desirous of
employing Foreign Nationals (“FN”) in Nigeria must
have first obtained an Expatriate Quota (“EQ”) from the
Federal Ministry of Interior (“FMI”). The EQ is a
condition precedent that must be fulfilled by any company (local or foreign)
employing FNs in Nigeria. The document details out the positions in the company
approved by FMI to be filled by FNs. It is important to state that the position
to be occupied by every FN must correspond with his qualifications. A concise
illustration of this point is that, it is very likely that The Nigeria
Immigration Service (“NIS”) would reject an application
for the resident/work permit of a FN who is an accountant and who is expected
to occupy the position of “lead engineer” in a company.
It is also expedient to note
that, flowing from a recently issued directive, companies operating in specific
sectors are required to join certain professional bodies before employing FNs.
E.g., companies operating in the engineering sector are required to register
with Council for The Regulation of Engineering in Nigeria.
STR and CERPAC.
For any FN to enter into Nigeria
for employment related purposes, particularly on a long-term basis, the said FN
must have obtained a Subject to Regularization (“STR”) visa from his
country of residence abroad. Upon arrival in Nigeria the FN is expected to
apply for a Combined Expatriate Resident Permit and Aliens Card (“CERPAC”) within 90 days of arrival. The application for
STR visa and CERPAC is to be made by the employer on behalf of the FN. The
employer must also undertake to bear full immigration responsibility on behalf
of the FN.
Taxation of Expatriates
Pursuant to the Personal Income
Act, an employee is said to be resident in Nigeria if he is domiciled in
Nigeria for a period of 183 days or more in any 12-month period. Expatriates
who have obtained resident permit in Nigeria are liable to personal income tax.
In instances where the relevant
Inland Revenue Service (“IRS”) is of the view
that no or insufficient tax has been paid, the IRS has the power to assess
individual FNs on Deemed Income Assessment basis. When this happens, the onus
is on the employer to prove that the tax paid is sufficient by providing:
     Contract
of Employment of the Expatriate;
     Travel
passport of the Expatriate;
     Expatriate
Quota Position granted to the company; and
     Monthly
quota returns for the company.
Expatriate Pensions
Though section 2(1) of the
Pensions Reform Act 2014 provides that the act shall apply to every employment
in Nigeria, the Guidelines for Cross Border Arrangements under the Pension
Reform Act provides that “any foreign employee of a company registered in Nigeria
shall, at his/her discretion, join the contributory
pension scheme, without considering whether he/she has a pension arrangement in
his/her home country.” This means that the FN may maintain a
Pension Fund Administrator (“PFA”) in his home country or elect to join a
Nigerian PFA.
Change of Employment
The immigration regime in Nigeria
allows for change of employment of FNs already employed in Nigeria by a
previous company to another company. In instances of such, the consent of the
comptroller of immigration must be sought and obtained prior to changing such
employment. The previous employer is also required to issue a letter of no
objection to the employment of the FN by the new company.
End of Expatriate Employment
Upon completion or termination of
an FN employment in Nigeria, the employer is expected to formally inform the
Comptroller General of the NIS of this fact. The reason of the aforesaid stems
from the need for NIS to be able to ascertain at any given time the number of
 FN’s employed in the country, to keep records and also release the
employer from immigration responsibility as it concerns the exited FN.

Busayo Adedeji is an associate at
Bloomfield Law Practice. He has experience assisting clients on regulatory
compliance and general commercial law issues.

How to spot growth and value stocks in the Nigerian stock market | Nairametrics

How to spot growth and value stocks in the Nigerian stock market | Nairametrics

by | Aug 28, 2017 | Uncategorized


For those new to investing, the terms value
stocks and growth stocks are what you will hear every other day as you decide
what stock to buy, sell or hold.
Stocks, just like most investments are
thrown into buckets to enable investors understand the peculiarity of each
asset and decide where one’s risk appetite lies.

In this article, we shall explain the
difference between Growth Stocks and Value Stocks as it pertains to investing
in the Nigerian Stock Market.
Growth stocks
These are stocks of quoted companies that
are in the early stages of their business cycles, characterized by phenomenal
growth in revenues. Growth stocks typically post double digit revenue growth
periodically (annually in Nigeria) and it doesn’t matter if they report profits
or not.  In fact, most growth stocks are expected to report losses because
it is expected that they spend a lot more on marketing, advertising and
anything that is required to scale up their operations.
Due to this, growth stocks always attract
expensive valuations and are often priced at over 50 times their earnings (if
they have one). They also do not necessarily pay dividends as investors bet
against their ability to grow top line revenue exponentially and reward this
expectation with high valuation. Bottom line, they feel these stocks will come
through some day.

It is hard to find growth stocks in the
Nigerian Stock Exchange because growth stocks are mostly found in the tech
space. Investors also often misconstrue growth stocks with stocks that are
considered bull traps. Stocks that attract high valuation despite not posting
any results or have any inkling of a solid business operation.
However, a stock that may have been
considered as a growth stock a few years ago was Forte
Oil. Between 2013 and 2015, investors bet that the new management will turn
the company around rapidly and valued the stock as high as 90 times its
earnings at some point. The company tried to match these expectations
by churning double digit profitabilitygrowth before the economy got
into trouble, slowing down its growth.

A stock like Dangote Flour Mills can
also be considered a growth stock. Ever since Dangote Group took it
back from Tiger Branded, they have embarked on a massive turnaround that
has seen the company report back to back profits for the first time in years.
Investors have rewarded the company with higher valuation multiples. More so,
the stock is still trading at very low valuation multiples, perhaps as
investors wait to see if it can generate enough growth to clear out its
accumulated losses of about N6 billion.
Growth stocks generally have high Price-to-earnings
(P/E) ratios and high Price-to-book ratios, and are sometimes seen as expensive
and overvalued.
Value Stocks
These are stocks that have attained a
considerable level of maturity in their business life cycle. They are stable,
less risky and post moderate but steady revenue growth, profits and always pay
dividends. These attributes are often referred to as strong fundamentals
for any company who possesses them.
Value Stocks tend to trade at a lower price
relative to their fundamentals (including dividends, earnings, and sales). Due
to their low price to earnings ratio, investors often see them as bargain
stocks and acquire them in the hope that the market will soon realise that they
are undervalued. When this happens, the share price of these stocks start to
rise relative to new information pertaining to its profits and/or dividend
announcements.

For example, in the last two years since
Nigeria faced economic crisis, banking stocks, particularly the FUGAZ,
have traded at price earnings ratio of below 3x their earnings. Investors
feared that they might post losses on the back of a poor economy and as such
assigned low earning multiples to their valuation. However, as results poured
out showing record profits instead of declines, investors now realised indeed
that these stocks are worth more than they currently are. Value investors are
expected have acquired shares in the stock because they know that their
fundamentals are sound and will be rewarded when the time comes.

Sometimes, Value Stocks may have prices
that are below the stocks historic levels or may be associated with new companies
that aren’t recognized by investors. They may also have been affected by a
problem that raises some concerns about their long-term prospects – such as
recently poor operating results and negative outlook.

Another example, is just before the
investor/exporter window was introduced, the stock market assigned very low
price earning multiples to Nigerian Stocks. This is despite signs that the
economy was turning around. Eagle eyed value investors always see these signs
and quickly buy the stocks.  Value Stocks usually have low P/E ratios and
low Price/book ratios.
Summary of the differences between
Growth and Value Stocks
A Value Stock is cheap relative to some
measure of its intrinsic value. Value Stocks are companies that are
undervalued, and are out of favour with the market due to poor operating
results and or slowing growth. Due to the gloomy nature and negative outlook of
these stocks, investors overreact and Value them lower than they should be.
Growth stocks are overvalued with recently
great operating results and fast rising growth. Investors overreact to these
stocks and Value them higher than they should be. 
Note: Growth and Value Stocks are
styles of investing in stocks. Neither approach is guaranteed to provide
appreciation in stock market value as both carry investment risk.
@Nairametrics

Persuading The Client And The Other Side To Engage In Mediation | DmediationLawyerist

Persuading The Client And The Other Side To Engage In Mediation | DmediationLawyerist

by | Aug 28, 2017 | Uncategorized

To make the decision whether or not to have
a case or dispute proceed to mediation requires;
An
understanding of the process; what mediation actually entails and its different
forms.

An
appreciation of possible outcomes to the dispute outside a negotiated
agreement.
Sufficient
knowledge of the strength of the legal case or of the client’s  position.
An understanding of the true value of the
case to the client in terms of;
·       
Cost-
efficiency
·       
Time
– efficiency
·       
What
the client really wants to achieve if he can
·       
Whether
the remedy available from the court (even if achievable) can provide what is
actually needed.
·       
Adequate
knowledge.
Without this information, you will not be
able to assess whether the decision to permit the client to mediate is correct.
A Mediation Advocate is tasked with the
responsibility of tactical decisions in managing a claim or its defence and to
also answer two basic questions;
·       
Is
the case suitable for mediation?
·       
Is
the case ripe for mediation?
To ascertain precisely when to call for
Alternative Dispute Resolution (ADR), there are a number of questions a
Mediation Advocate must consider and they are as follows;
·       
Does
he have enough information about the claim, its defence, any cross claim or
third party entanglement?
·       
Do
the parties know and understand the issues being raised by each other?
·       
Does
each party at least know its own version of the facts?
·       
Does
the Mediation Advocate have a proper understanding of the client’s needs?
·       
Is
the potential cost saving such that mediation should be attempted as early as
possible- even before proceedings have been issued?
As mediation processes become more
sophisticated, the Mediation Advocate must consider whether mediation is a better
vehicle for settlement of issues than early neutral assessment or expert
determination or the executive mini-trial and the awareness must be there that
a reference to ADR by the court does not mean mediation or bust.
Footnotes:*
Standing Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door
Courthouse Law (LMDC) 2007* The LMDC Practice Direction on Mediation Procedure*
The Multi Door Courthouse Code of Ethics for Mediators* Guidelines For
Enforcement Procedure *Guidelines for Court referrals to Alternative Dispute
Resolution *Principles of Alternative Dispute Resolution by Stephen J.Ware
*Effective Mediation Advocacy by Andrew Goodman.*
For
more info –
Follow
us on Facebook Page: fb.me/dmediationlawyeristng
Instagram:
http://www.instagram.com/DmediationLawyerist
 Photo Credit – www.smallbusinessbc.ca
Is Mediation as expensive as Litigation?

Is Mediation as expensive as Litigation?

by | Aug 28, 2017 | Uncategorized


A small number of cases are intrinsically
unsuitable for mediation although very experienced Mediators and Mediation
Advocates would say that the following under listed may still be mediated at
some stages of the proceedings;

Where the parties wish the court to
determine issues of law or construction which may be essential to the future
trading relations of the parties, as under an on- going long term contract, or
where the issues are generally important for those participating in a
particular trade or market.
Similarly, where a party wants the court to
resolve a point of law that arises from time to time, and one or more parties
consider that a binding precedent would be useful.
Cases involving allegations of fraud or
other disreputable conduct against an individual or group, which are unlikely
to be successfully mediated because confidence is lacking in the future conduct
of that party.
Cases where injunctive or other relief is
essential to protect the position of a party.
Where a party actually does have a
watertight case, since summary judgment procedure in the court would be
available.
The cost of mediation can be a factor of
particular importance where the sums at stake in the litigation are small.
Mediation can sometimes be as expensive as
a day in court, as the parties will often have legal representation and the
mediator’s fees and other disbursements are usually being borne equally by the
parties regardless of the outcome.
Footnotes:*
Standing Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door
Courthouse Law (LMDC) 2007* The LMDC Practice Direction on Mediation Procedure*
The Multi Door Courthouse Code of Ethics for Mediators* Guidelines For
Enforcement Procedure *Guidelines for Court referrals to Alternative Dispute
Resolution *Principles of Alternative Dispute Resolution by Stephen J.Ware
*Effective Mediation Advocacy by Andrew Goodman.*
Follow
us on Facebook Page: fb.me/dmediationlawyeristng
Instagram:
http://www.instagram.com/DmediationLawyerist

The Benefits Of Mediation Over Litigation (iii)| DmediationLawyerist

The Benefits Of Mediation Over Litigation (iii)| DmediationLawyerist

by | Aug 28, 2017 | Uncategorized

It is usually less expensive than
litigation which goes all the way to judgment.
Mediation provides litigants with a wider
range of solutions than those that are available in litigation; for example, an
apology; an explanation; the continuation of an existing professional or
business relationship perhaps on new terms. 

It can create an agreement by one party to
do something without any existing legal obligation to do so.
It is desirable to be able to control the
outcome of the dispute rather than have it imposed upon you, potentially
leaving both parties dissatisfied by the experience.
The absence of a trial not necessarily
wanted by both parties has its advantages; reduced costs, no full trial preparation,
the litigation is not so protracted and the absence of findings of fact that
might subsequently be used by one of the parties.
Generally, there is a very speedy
resolution.
Those interests which are of real
importance to either or both parties will not be obscured by technical or legal
issues advanced by the lawyers within the framework of the litigation.
There may be no real point in trying to
fight a legal principle where the determinative legal issues are already well
settled.
One or both parties may have good reasons
to avoid the publicity which potentially at least is always thrown up by
litigation whether at a local or even national level.
Footnotes:* Standing Conference Of
Mediation Advocates (SCMA) *The Lagos Multi- Door Courthouse Law (LMDC) 2007*
The LMDC Practice Direction on Mediation Procedure* The Multi Door Courthouse
Code of Ethics for Mediators* Guidelines For Enforcement Procedure *Guidelines
for Court referrals to Alternative Dispute Resolution *Principles of
Alternative Dispute Resolution by Stephen J.Ware *Effective Mediation Advocacy
by Andrew Goodman.*
For more information –
Follow
us on Facebook Page: fb.me/dmediationlawyeristng
Instagram:
http://www.instagram.com/DmediationLawyerist

Community Based Approach, Best Way To Fight Drug Abuse- Senator Ashafa

Community Based Approach, Best Way To Fight Drug Abuse- Senator Ashafa

by | Aug 26, 2017 | Uncategorized


The Senator representing Lagos East
Senatorial District in the National Assembly, Senator Gbenga B. Ashafa has
expressed concern over the increased rate of drug abuse among youngsters and
advocated a community based approach as the best way to tackle the menace of
drug abuse in our country.

Ashafa made this call at the Magodo
ResidentS Association, Valley View Zone’s, sensitization march against drug
abuse in their community. The event which took place on Saturday, 26th August
2017, at the secretariat of the zone had in attendance the residents and
advocacy groups united in the fight against the scourge.
Other contributors at the event include the
chairman of the Valley View Zone residents association Mr. Olatunji Solarin and
the guest speaker Dr. Dokun Adedeji, the National coordinator of CADAM- Christ
Against Drug Abuse Ministry, who also spoke extensively on the prevalence of
drug abuse and ways to prevent it in the society.
In his words, the Senator Stated that “the
scope of drug abuse has now transcended beyond popular narcotics and alcohol,
youngsters have also found refuge in the abuse of over the counter and
prescription pills/medications at an alarming rate.”
Speaking further, Ashafa stated that “This
nagging concern inspired me to sponsor a motion on the floor of the senate on “Nigerians
involvement in illicit Global Drug Trade and increase in Domestic Abuse by
Nigerian Youths” and a“Bill for the amendment of the Nigerian Drug
Law Enforcement Agency Act”.These legislative interventions seek to ensure
that we overcome the menace of drug abuse in Nigeria.”
He however expressed optimism in the
community-based effort in tackling drug abuse when he stated, “I am even more
optimistic in the fact that Charity begins at home. I therefore call on all
parents, guardians and caregivers to educate our children on the ills of drug
abuse. We must also pay closer attention to the habits being picked up by our
children and wards not only as a family but also as a community. We must be
ready to inform our neighbours of whatever strange mannerisms we notice in
each-others children because community effort is a more effective means of
preventing the spread and continuity of Drug Abuse.”

He concluded by stating that, “My advice
therefore is to remind us that in Africa, “it takes a whole community to train
a child”.
The Benefits Of Mediation Over Litigation (Iii) | DmediationLawyerist

The Benefits Of Mediation Over Litigation (Iii) | DmediationLawyerist

by | Aug 25, 2017 | Uncategorized

i.                  
It is usually less expensive than litigation which goes all the way to
judgment.

ii.               
Mediation provides litigants with a wider range of solutions than those
that are available in litigation; for example, an apology; an explanation; the
continuation of an existing professional or business relationship perhaps on
new terms.
iii.            
It can create an agreement by one party to do something without any
existing legal obligation to do so.
iv.            
It is desirable to be able to control the outcome of the dispute rather
than have it imposed upon you, potentially leaving both parties dissatisfied by
the experience.
  
v.               
The absence of a trial not necessarily wanted by both parties has its
advantages; reduced costs, no full trial preparation, the litigation is not so
protracted and the absence of findings of fact that might subsequently be used
by one of the parties.
vi.            
Generally, there is a very speedy resolution.
vii.         
Those interests which are of real importance to either or both parties will
not be obscured by technical or legal issues advanced by the lawyers within the
framework of the litigation.
viii.      
There may be no real point in trying to fight a legal principle where
the determinative legal issues are already well settled.
ix.     One or both parties may have good reasons to avoid the publicity which
potentially at least is always thrown up by litigation whether at a local or
even national level.
Footnotes:* Standing
Conference Of Mediation Advocates (SCMA) *The Lagos Multi- Door Courthouse Law
(LMDC) 2007* The LMDC Practice Direction on Mediation Procedure* The Multi Door
Courthouse Code of Ethics for Mediators* Guidelines For Enforcement Procedure
*Guidelines for Court referrals to Alternative Dispute Resolution *Principles
of Alternative Dispute Resolution by Stephen J.Ware *Effective Mediation
Advocacy by Andrew Goodman.*
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Star Profile – Nicholas Akintola Ladapo

Star Profile – Nicholas Akintola Ladapo

by | Aug 25, 2017 | Uncategorized

Principal
partner Chief Ladosu Ladapo ( SAN)& CO
 Mr. Akintola Ladapo
is an amazing man. Words are not enough to begin to describe him. He likes to
play squash and surprisingly, he is a very good dancer.  How do I know? Well, I happened to see him
dance at his wife’s retirement thanksgiving service with his mighty ‘Agbada’
attire. The Reverend at the Methodist church Bodija Ibadan could not hide his
astonishment at what he noticed in Mr. Akintola Ladapo’s skills on the dance
floor.

In a bid to share
very inspiring stories of Lawyers who have made a mark for themselves, I had
the rare opportunity of having a 4 hour sit down discussion with him.
Read on, I am sure
you will enjoy and learn a lot from his story.
He is a lawyer who
has been in practice for about 38 years. Akintola Ladapo is the Principal
partner of Chief Ladosu Ladapo (SAN) & Co. He was the Solicitor- General of
Oyo State.
 On the 1st of October 1955, at
Island maternity hospital Lagos, a baby who has grown into a delectable personality,
a perfect picture of a role model that is very worthy of emulation was born. He
was born into the family of Chief Ladosu Ladapo (SAN) and Lady Olapeju Cecilia
Ladapo nee ADESANYA. He was christened and named Nicholas Akintola Ladapo.
Brief
history
 Growing up was fun, we played football, I
used to chase masquerades on my way from school when I was in Primary school.
We learnt vocations like grass cutting, theatre arts etc in school. It was fun
being a kid then, unlike now.
Nigeria was
peaceful, there was no robbery , you could pack your vehicle without locking
it. Stealing was a taboo in those days, if you stole, you will be taken to the
front of your father’s house and you will be disgraced.
I went through
discipline with my dad and in those days, moral standards were maintained and
you were expected to follow to the letter what your elders told you.
Education was taken
very seriously, you must do well in school, go to church on Sundays and we kept
a healthy life style . 
At 5years of age,
Mr. Akintola Ladapo attended St. Patrick Primary School Abebi Ibadan. After
which he attended Loyola college in Ibadan for WASSCE and then St. Gregory
college for his HSC Lagos 1973-74 .He was a member of the School football team
and food  committe66e. He gained
admission to the prestigious University of Lagos in 1974.  He went to law school and  was called to the Nigerian Bar in 1979. He
went for National Youth service in the then Bendel State.
I have always known
I would be a lawyer. It is good for parents to know their children so that they
can direct them in the right path. I avoided pressures to go to the judiciary
or to become a traditional Chief because I chose  to do the full practice of law.
Work
experience
Aside practicing in
1981, he became legal officer at punch Nigeria Ltd in 1981. He came back to Chief
Ladosu Ladapo (SAN) & Co to practice in 1983. In 1999, he was appointed as
a member of Oyo State pilgrims welfare board (Christian ) and in 2000, he was
appointed a member of the Commission of Enquiry into Ethnic Disturbances in
Lagos State. In 2003, he was appointed as a 
Director at the Ministry of Justice Oyo State and rose to become
Solicitor General in 2012. After he retired at the Ministry of Justice he came
back to Chief Ladosu Ladapo (SAN) and Co to resume full private legal practice
in which he is currently engaged.
He had  so many inter-ministerial appointments and
headed many departments while at the Ministry of Justice. In 2005, he was
appointed as a member of the Judicial Committee for the Review of Civil Procedure
Rules  of Oyo State which resulted in the
current one that is being used. He was appointed by the Chief judge to defend
the him (Chief) Judge for the famous Ladoja case. He was a member of Speedy
Administration of Criminal Justice which was headed by the Chief Judge.
Dami, I would tell
you this,I like defending people, taking care of the oppressed, speaking up for
those people who cannot speak for themselves and those who need justice , I
hate injustice and unfairness . As a Christian I believe in the creed of Proverbs
31 vs 8-9 ‘Open thy mouth for the dumb in the cause of all such as are
appointed to destruction. Open
thy mouth, judge righteously, and plead the cause of the poor and needy’. This
guides me to follow God’s instructions and carry them out.
He refused to apply
for senior advocate of Nigeria because in his opinion the rank is no longer
honourable unlike in the days of his father when people that were seen to be
noble were appointed rather than the method of application as we have today.
 Akintola Ladapo’s  career principles:
I focused on being
a lawyer and being the best where ever I find myself.
Honesty, discipline
and integrity are my principles.
Discipline from
parents and school, shaped me.
I knew what I
wanted, I resisted every other thing that was not what I wanted
Experience was more
important to me, I was opened to learn different things in the journey. The
different responsibilities at my different work opportunities have helped me.  I have all round experience from different
places.
There is no way I
can tell you all that has happened in Mr. Akintola’s life but I would like to
mention that he was once a politician, he contested for the post of  Governorship of Oyo State. He was so
disappointed at the mindset of people, he had very good intentions but they
failed to see because they could not think about the future. People would
rather vote for people with empty promises who simply give out money before
they get to the position. He refused to give out money because he was contesting
in order to serve them. He was going to work for them and deliver all his
promises. They rather voted for someone who gave out money and had no second
thought about them after he got the position.
My experience
taught me that people don’t want honest people and people of integrity. Thankfully
we have the current administration who are ready to lead the Country to peace
and justice. I’m hoping and praying they succeed all the pressures from within
and outside.
It is possible to
do honest practice and still get to the top. The current Vice President is an
example.
Let’s hold hands
together to make Nigeria work.
   Akintola Ladapo is one man I know who believes
in living the life of truth.
Mentors
Chief Ladosu Ladapo
(SAN)
Details I believe
lawyers should pay attention to;
My dad played a
good role , I was impressed by his profession , he was a perfectionist , hard
working , he had integrity , believed in God he believed law is a tool  you use to do good to others and yourself ,he
was a disciplined man a role model to lawyers all over Nigeria. He brought up
lawyers . He was always neat, he was a perfectionist as a lawyer, litigator,
SAN, solicitor, traditional Chief and in the Catholic Church where he was appointed
the knights of Saint Lumuba . He was a leader and  member of Nigerian a bar Association, Commonwealth
Lawyers Association and International Bar Association, where he made his mark.
Professor Yemi
Osibajo (Vice president of Nigeria) –
He is a very good
friend, I respect him , he is legal expert , honest, a person of integrity ,
erudite, disciplined, a role model as a husband, leader, lawyer. He mixes his
intellect with humility and morals. If all the office holders could be like him
Nigeria will be a better place to be.
Justice Amina Augie
She is currently a
justice of the Supreme Court, I admire her because she is hardworking and
erudite, she promotes honesty and integrity and  she has strong believe  in God. She told me ‘I will get to the
supreme Court but it is God that will help me to get there’.
I’m sure you would
like to look like these people or rather you 
would like people to say this about you.
Mr.
Akintola Ladapo’s family life
Mr. Akintola Ladapo
and his wife met at the Youth service camp. Immediately  Akintola saw her, he knew she was the one. He
told his friend, Prof. Yemi Osinbajo that he has found his wife. He did not
waste time , he went after her immediately.

He  got married in 1981. He saw many virtues in
his  wife. I promise I can attest to
that, I was there when  people came to
give testimonies about her during her retirement thanksgiving . I had to tell
myself at that program; Damilola you still have plenty growing up to do.
Mr. Akintola  started dropping so many habits that his  parents did not know of after he met his
wife.
She had an
influence on me , she was a born again Christian she was praying for me. I
became born again after marriage. I went to the gold smith fashioned a ring, I
did not want her to go, I put an engagement ring on her finger and also had
engagement party at the camp.  Prof. Osinbajo
played a prominent role  he held the
baskets of oranges at the engagement.
The bible says he
who finds a wife has found a good thing, Mrs. Modupe Ladapo has indeed been a
good thing to my Boss.
He continued the
chase after youth service. He met her dad and he told him to put his request
and plans in writing. She started working in Lagos at the Federal Ministry of
Agriculture.  After youth service he told
his friend   Yemi to watch over her for him. What this
taught me is that you should  go after
what you want in life  and you also
protect it after you have gotten it.
He went to meet her
in Lagos and told her to resign and take up an appointment as a teacher to
train and teach  their future children,
because as a  full time private legal
practitioner  he will not be able to
devote enough time to see to the needs of the children.
I
did not have anything when I married her , did you see
that?!
We rented a place
at challenge in Ibadan it was empty but we started building little by little.
She earned more than I did when  we got
married. That did not matter to her.
Together they raised:
1st born
and 1st daughter,  Olubukola
Cecelia Atuyota, she is  a PH.d hopeful
in United States of America.
2nd born
and 1st son Lawale Nicholas Ladapo is  an International lawyer and  he has been called to the bar in four
different countries. Does that not amaze you?  I was flabbergasted. I thought I had dreams
but this exceeded my own imagination. He had a first class at  University of Lagos. He attended Cambridge
University and Harvard University  for
his Masters Degree programs after he was called to the Bar in Nigeria. Wow!
People are achieving great stuff in this life. 
My mind was blown, I couldn’t close my mouth when his Dad told me about
him. He works at Cleary Gottlieb Steen & Hamilton LLP in Abudhabi in United
Arab airways.  I’m definitely going to
write about him soon.
3rd
born, 2nd Son Adekunola Richard Ladapo , is an Engineer and works
with Amazon in United States of America. He had his Masters Degree in
Engineering  at Northeastern  University, Boston , Massachusetts.
4th born,
2nd daughter Bolaji Ladapo is also a lawyer. she worked at Olaniwan
Ajayi & Co. She is  currently
pursuing her Masters Degree at Georgetown University, USA.
It gives me great
joy to have two of my children to be lawyers, one is an Academician and one is
an Engineer
Extracurricular
activities
 Akintola Ladapo  lives a balanced life he  plays squash, his father introduced him and
his siblings to the game when they were younger. He plays on Sunday and
Wednesday evenings. He is an ardent supporter of Manchester United . Mr.
Akintola  Ladapo still acts like a youth,
if you see him physically you will find it difficult to guess right his
age. 
I told you his life
is balanced he also goes for Bible study on Tuesdays and prayer meetings on
Thursdays together with  the Sunday
service.
Nugget from a
leader
·       
Be a good  example to others.
·       
Live within your means.
·       
You have to read your book and be
disciplined.
·       
Go to court and do your case well because
it’s your name that will be in the law reports.
·       
As a lawyer if you fail it’s by your own
choice.
·       
Have good mentors because that in itself is
hard. Not the ones rigging, paying their way through because those are not
honourable.
·       
Don’t ever bend because of anything, you
will walk freely when you are not shady.
·       
You can get things done better when you
don’t draw attention to yourself , you will achieve more that way.
·       
Don’t ask for anything that you don’t
deserve or else you will get burnt.
·       
People ask for things that they don’t need
and it kills them. Don’t use your hand to soil yourself.
·       
Thank God for what he has given you and
enjoy it.value your joy and peace because it is priceless.
·       
Lawyers are officers in the temple of
justice , you have to assist in pleading the case of your client.
·       
I did a pro bono case for a judge the
Accused person told me he did not do it, I believed him later on I realised
that he did it, I withdrew and told him to go and confess. Lawyers should not
shield wolves and those who break the law because of the money, they should
rather help justice , the judge needs the lawyers counsel on both sides to be
truthful.
·       
To be a successful lawyer is not a hard and
fast rule, hard work is key.
·       
You will have challenges in your journey.
·       
You can’t just say you have achieved.  Achieving is continuous work.
·       
 Our
profession needs cleansing just like our country , we can’t  do it ourselves , we need God and we also
need to do things we ought to do. Do what is good and preach what is good too.
·       
As women help your husband build good homes,
don’t compare what your husband with what your father has.
·       
When you do good you are doing it for
yourself when you do bad you are doing it for yourself.
·       
Stay clean especially because of the
future, straighten your records because it may come against you soon.
·       
If you grow up you will stay up , but if
you jump up you will come down too soon.
·       
Lawyers, whether on the ben, prosecution or
defence are all officers in the temple of justice.
·       
Law is a vehicle of the society, that is
why our laws must be relevant.
·       
Irrelevant laws should be removed.
I hope this
Inspired you because  I am inspired and I
just hope someone reading this will be determined to be better because all your
dreams are truly achievable, you only need to work and be true to the right
principles.

Contributed
by;

Damilola
Dawodu
LinkedIn
: Damilola Dawodu
edawodu89@gmail.com