Pegasus and Cyber Security – Goliath finally killing David? | Abraham Aigba, Esq.

by Legalnaija | Jul 25, 2021 | Uncategorized

Not even at the height of the myth of Pegasus was Pegasus more devastating than it is now – not even in the battle that killed the monster Chimera. Pegasus may be merely regarded as a Greek myth but in present day, however, it is the most sophisticated spyware built to keep surveillance on its target in a manner hardly detectable or preventable by the safest of systems.

Built on the so called ‘Zero-click technology’, Pegasus poses the most significant challenge yet to cyber security experts and systems, making a mockery of the iOS and Android Operating Systems, regarded and indeed which pride themselves as the best and most secure privacy-ensuring Operating Systems.

Cyber Attacks and the Myth of Cyber Security

Cyber security refers to the practice of defending computers, servers, mobile devices, electronic systems, networks, and data from cyber-attacks. It entails the application of technologies, processes and controls to protect systems, networks, programs, devices and data from cyber-attacks with the aim of at least, reducing the risk and exposure of a device to cyber-attacks whilst protecting against the unauthorised exploitation of systems, networks and technologies.

On its part, a cyber-attack is regarded as any attempt to steal, alter, expose, destroy, or gain any information from a person/organisation through unauthorized access and by the use of one or more computers against a single or multiple computers or networks. It is the gaining or an attempt to gain illegal access to electronic data stored on a device or a network. Cyber-attacks are on the rise and there are several types of them which a system can be subjected to.[1]

Amongst cyber security experts, there is unanimity in the knowledge that the implementation of cyber security does not guarantee full protection from cyber-attacks. However, the implementation provides reasonable safeguards, some of which are regarded as more or less impenetrable.

Certain Operating Systems are built on this and are claimed to be the safest and incapable of penetration by cyber attackers. For instance, Apple claims that its iPhones are the safest and most secure mobile device in the market due to its tried and trusted iOS which undergoes constant upgrade. Google’s Android OS is not far off either. These systems are designed to ensure that people feel safe and are guaranteed of their privacy and security from spying or surveillance when using their mobile devices. Indeed, that is the aim of cyber security and data protection laws, the world over.

Enter, Pegasus…

The narrative would begin to change in 2016 after a failed attempt to install the Pegasus spyware on an iPhone belonging to a human rights activist leading to an investigation. Between 2016 and 2021, Pegasus spyware has attained unprecedented sophistication and can now be installed on any device – primarily mobile devices – without any interaction with the owner of the device thanks to the ‘Zero-click technology’.[2] Common vectors of the Pegasus spyware are SMS, WhatsApp, iMessage, Calls, etc. and once installed on a device, it gathers data from the affected device and communicates same to the attacker.

To put things in perspective, once installed, Pegasus can have access to all SMS, Emails, call logs, photos, videos, location, contacts and chats of the victim as well as activate the victim’s microphone and camera such that it records the audio and visual communication of the victim for transmission to the attacker – all these undetectable by the device’s owner.

Pegasus attack targets a device’s “zero day” vulnerabilities[3] obtaining the device’s ‘root privileges’ or ‘administrative privileges’ in the process. It is also said that once a device has been infected, Pegasus has more control over it than the owner of the device.[4] The effect of an attack on a device’s zero day vulnerability is that even where the manufacturer is able to identify and remedy those flaws; the attacker is able to exploit new flaws. This has led to the assertion that the manufacturers only try to get better while the attackers get worse.

Besides the foregoing, there are others attributes of Pegasus that make it the world’s most feared spyware: Pegasus is effective across all Operating Systems, self-destructs when it is unable to connect to the server after sixty days of installation or when installed on a wrong device and at present, almost impossible to prevent or detect.[5]

Pegasus and Cyber Security

While cyber security is broad and meanders around infinity, there are certain minimum cyber security tips owners of devices are expected to keep in order to keep their devices reasonably safe from cyber-attacks. Some of the tips are regular update of devices when updates are available, use of password managers to avoid password attacks, use two-factor authentication, giving serious thoughts and consideration before downloading Apps or clicking a link and using a VPN App especially when using a public WiFi. These safety tips are designed to protect devices from common types of cyber-attacks.

Rather unfortunately, Pegasus spyware, whilst being a form of malware attack is not a common attack and is unpreventable by any of the above tips. Its ‘zero click’ feature chides these tips which are rather more effective against password and social engineering attacks. Several assessments have shown Pegasus by-pass the iOS 14.0 and other updated versions of the iOS.[6] It would appear that at present, cyber security is helpless in the face of Pegasus’ advance. Asked how to prevent a Pegasus attack, Claudio Guarnieri of Amnesty International’s Security Lab retorted that: “the real honest answer is nothing”.

Pegasus and Data Protection Laws

Data Protection entails cyber security. It is the end product of cyber security as data cannot be protected in this digital age without cyber security. As a concept, data protection seeks to provide minimum regulatory and/or organizational standards for the protection of the personal data of natural persons.

In Nigeria, the Nigerian Data Protection Regulation, 2019 (“the NDPR) caters for this. The EU General Data Protection Regulation (“the GDPR”) bulwarks against data breach in the EU and is seen as the standard. Both the NDPR and the GDPR define personal data in such terms as to include the location data, footage, names, email addresses, phone numbers and indeed anything capable of identifying a natural person (data subject).[7] These personal data indicators are essentially what Pegasus targets when it infects a device. It thus goes without saying that a successful Pegasus attack is a breach of both the NDPR and the GDPR. What is more, processing of personal data using Pegasus cannot be fitted into any of the lawful basis for processing under both the NDPR and the GDPR.

A question may arise as to whether the NDPR, nay the GDPR applies in situations of Pegasus attack given that the processing of personal data of the victims of the attack is itself unlawful since consent was not obtained. Prima facie, the processing is unlawful and criminal. However, it is to prevent such attacks that the NDPR and GDPR was formulated, underlying the application of the NDPR.[8]

A caveat to the foregoing, however, is when Pegasus is used to attack a corporate organization. Certain remedies may lie to such organizations and the attack may well constitute a crime under relevant cyber-crime laws. However, it does seem that such an attack cannot constitute a breach of the NDPR or the GDPR as organizations are not data subject under these regulations.

Perhaps, the point should be made that the Pegasus spyware is developed by an Israeli tech company, the NSO Group to help nations combat terrorism. At present, the spyware is sold for hundreds of millions of United States Dollars only to countries, meaning that it is not in the possession of individuals.[9] However, Pegasus has been shown to be used by state actors for espionage and political surveillance. According to a Washington Post, three serving Presidents, seven former Prime Ministers (some of whom were serving at the time of the attack) and one King have been targeted with Pegasus.[10] This is a particularly dangerous act of espionage given the capabilities of Pegasus and ultimately offends data localization principle.

National Security and use of Pegasus

Under the NDPR, personal data can be processed for public interest without the need for consent. By Article 2.5 of the Guidelines for the Implementation of the NDPR in Public Institutions, processing of personal data for national security is an exemption to the requirement for consent. It seems that the aggregate of the NDPR and the Guidelines is that processing can be done even without the consent of the data subject where it is necessitated by public interest and national security.

However, the NDPR does not contemplate the surveillance of data subjects. Rather, the NDPR only allows for the processing of personal data irrespective of the consent of the data subject in cases where this exception applies. Consequently, provision is not made for the criminal gathering of personal data by surveillance, spyware or phishing. In fact, use of Pegasus to obtain personal data of individuals will constitute a crime under Section 32 of the Cyber Crimes (Prohibition) Act, 2015 which criminalizes acts of phishing and spamming.

However, in a country where the government is actively in pursuit of perceived criminals, one would not be surprised to learn of the deployment of the Pegasus spyware on journalists, agitators and political opponents alike.

To conclude, the Pegasus spyware poses the most significant threat to cyber security in modern day. Somewhat sadly, it seems it will take some time for experts to lay a grip on it while for its users, it will only mean attacking other vulnerabilities. The die is cast and cyber security appears to finally be realizing that it is not the king after all.

Abraham is an Associate at the Firm of Solola & Akpana. He is a member of the Firm’s Data Protection Compliance and Dispute Resolution Practice Groups. He is also a member of the Firm’s Corporate/Commercial Practice Group providing a wide range of legal representation and advice to a broad spectrum of clients in the Oil and Gas, Banking/Finance, Fintech and private sectors on various transactions and regulatory compliance.

He has several articles on data protection/privacy law, international law and Intellectual Property Law published in his name and has routinely audited and filed data audit reports on behalf of several multinational and national companies in Nigeria, to NITDA.

He obtained his LL.B from Ambrose Alli University, Ekpoma and was called to the Nigerian Bar in 2019. He also holds a certification in Data Protection.

Abraham particularly has data protection, intellectual property, sports/entertainment law and fintech as his niche whilst also excelling in dispute resolution.

Reach Abraham at abrahamaigba@gmail.com; 08131993172

[1] Common cyber-attacks are malware attacks, phishing attacks, denial of service attacks, man in the middle attack, social engineering attack, password attack, etc.

[2] What this implies is that without as much as the owner of the device clicking a link, downloading an App or answering a call, Pegasus can be installed on the device

[3] Zero day vulnerabilities refers to an Operating System’s flaws either not yet known to the manufacturer or which the manufacturer is yet unable to rectify

[4] https://amp.theguardian.com/news/2021/jul/18/what-is-Pegasus-spyware-and-how-does-it-hack-phones (last accessed on July 21, 2021)

[5] To detect whether a phone has been infected with Pegasus or not, the phone is sent for digital forensic cyber security lab analysis, which of course is a luxury in Nigeria

[6] https://www.washingtonpost.com/technology/2021/07/19/apple-iphone-nso/ (last accessed July 22, 2021)

[7] See Articles 1.3 and 4.1 of the NDPR and GDPR respectively

[8] It would be rather naive to imagine that the attackers will present for compliance with the NDPR/GDPR. But as the attackers, at present at least, are governments/government institutions or at least government-linked, compliance with the NDPR may well be an issue particularly when the information/data is declassified.

[9] True as this may be, sight should not be lost on the fact that these countries are represented by individuals. What has been with Pegasus is that rather than being used against terrorists, it has been used to attack journalists, human rights activists and opposition figures by heads of countries. Its deployment has been more in misuse than in use. More so, it cannot be claimed that Pegasus has only been sold to governments; certain individuals have been able to lay hold of the spyware.

[10] https://www.washingtonpost.com/world/2021/07/20/heads-of-state-pegasus-spyware/ (last accessed July 22, 2021)

Conversations With Mr. Tolu Aderemi on Lagos Talks 91.3fm – The Petroleum Industry Bill Harmonization Process, Expected Outcome, Impact on the Host Communities and the People’s perspective

by Legalnaija | Jul 18, 2021 | Uncategorized

Weeks after the passing of the Petroleum Industry Bill (the Bill) by the National Assembly, discussions remain rampant on the provisions of this Bill and how suited it is in realizing the core objectives centered on fostering sustainable prosperity in the Host Communities, enhancing peaceful and harmonious co-existence between licensees or leases and Host Communities as well as supporting the development of the Host Communities in particular, and the country in general.

Speaking on the “Conversation with Oluwakayode” a Radio Programme on Lagos Talks 91.3fm on Saturday, July 17 2021, Mr. Tolu Aderemi, an Oil and Gas Expert and a Partner at Perchstone and Graeys LP, one of the leading commercial Law Firms in the country, shared his expert opinion on the harmonization process of the Bill, its expected outcome and the impact on the Host Community.

The journey to what we now have as the Bill could be traced back to the Oil and Gas Reform Committee (OGRC) constituted during the General Olusegun Obasanjo administration. However, in 2008 Late General Umaru Yar’dua took the bold step by introducing the Bill to the National Assembly. It is quite alarming that after 13 (Thirteen) years, 3 (Three) Presidents and 4 (Four) Assembly, this Bill remains a subject of tactical negotiation and strategizing as the Host Communities remain unsatisfied.

Commenting on whether the Bill can be rightly described as a game changer, Mr. Tolu Aderemi, stated that the Bill is an ambitious one that has attempted to compress 16 legislations into one document. He further stated that not only is this ambitious, but also has the tendencies to be counterproductive because a careful consideration of the Industry challenges and issues that have arisen from the several legislations have not been addressed.

Some of these legislations he referred to are the Petroleum Profit Tax Act (PPTA) on the issue of taxation and The Deep Offshore and Inland Basin Production Sharing Contract Act 2019 as amended on the Investment Tax Credit (ITC) which has been a subject of several arbitration cases.

On the question of how the Bill has been able to manage the different industry issues arising from the harmonized legislations, Mr. Tolu Aderemi stated that the Bill has not done bad at all because looking at where we are coming from and where we are now as a country, there has been a great improvement in the light of the provisions on Governance and the Host Communities.

He stated that part of the problems we have had as a country in this sector is the absence of regulatory clarity as on one hand, players in the industry do not know who the regulators are and on the other hand, they know that it is the Department of Petroleum Resources (DPR), but it is generally conceived and rightly so that the DPR is saddled with many responsibilities that needed to be broken down into different parts. This issue, he pointed out has been addressed by the Bill, more so excellently by breaking down our regulatory infrastructure into the Upstream Regulatory Commission and an Authority, regulating the midstream and downstream sector.

According to him, we cannot categorically say that these are without their challenges but to a greater extent these challenges are surmountable, as the Bill has now made the issue of issuance of licenses and taxation clearer. It has also reduced the bottleneck.

Speaking on the administration of the Bill, Mr. Tolu Aderemi stated that the Bill has introduced a new structure for the Nigerian National Petroleum Corporation (NNPC) – the big Elephant in the room by transitioning into an entirely commercial entity to be known as NNPC Limited. This entity, according to him will run like Chevron, Shell, and Exxon Mobil of today. It is going to compete favorably in the local and international market and to show the confidence that Government intends this to be a full commercial entity, it is going to have shares that will be held by the Ministry of Finance and how they are to be transferred will be under stringent condition.

He further stated that the question of what becomes of the Assets and Liabilities of NNPC has also been addressed in that, those that are not inimical will be moved to the new entity while the ones that are inimical will become the liability of the Federal Government. However, he pointed out that one of the shortcomings is the absence of an Asset Management Company just like we have in the Power Sector with the introduction of the Nigerian Electricity Liability Management LTD/GTE, an entity capitalized by government that warehouses liabilities.

Furthermore, Mr. Tolu Aderemi stated that NNPC has subsidiaries that cut across the entire value chain. We have NPDC (Nigerian Petroleum Development Company Ltd), the Petroleum Development arm of the Corporation that addresses exploration, exploitation and production; Nigerian Engineering and Technical Company going together with Integrated Data Services that deals with the seismic part of the business; PPMC (Pipeline and Product Marketing Company); Refineries including the Kaduna, Port Harcourt and Warri Refineries and also a company called Duke Oil which also cats as a player within a player in the market.

According to Mr. Tolu Aderemi, NNPC Ltd will be a full-blown company that will operate as the existing International Oil Companies (IOCs), capable of going abroad to borrow funds and can bid and be regulated like every other company.

He stated that NNPC Limited will also sell crude oil on behalf of the federal government for a fee and even though acting on behalf of the federal government, it is not unusual as the provisions of the current Petroleum Act and the Deep Offshore Act allow private companies to conduct petroleum operations on behalf of government.

He also stated that there would be a limited ministerial influence on the NNPC limited. Thus, the current structure of the NNPC limited positions it to be commercially oriented and we do not expect anything less in terms of commercial efficiency and effectiveness.

Commenting on what the Bill has introduced towards ameliorating the development in the South-South, Mr. Tolu Aderemi pointed out that the question of ownership of oil has always been rested as by virtue of Section 1 of the Petroleum Act, the entire ownership of oil is vested in the Federal Government of Nigeria who holds it on behalf of the people of Nigeria. According to him, this ownership structure is distinct from the structure in America that embraces individual ownership structure with the incidence of tax payment to the American Government.

He further stated that the importance of the Host Communities come from the consequence of the operations of the IOCs in terms of the environmental impact. Thus, our question and major concern as far as these Host Communities’ issues are concerned is a question of how these environmental hazards and hardship meted out to the Host Communities can be mitigated.

Furthermore, he succinctly stated that the Government in 1960 set up what was known as the Niger Delta Development Board for the purpose of dealing with environmental concerns. Similarly, UNPADEC and Niger Delta Development Commission (NDDC) were set up in 1992 and 2000 respectively. There was also the introduction of the 13% derivation percentage. Thus, according to him, the question remains one of accountability, as the Bill cannot resolve these environmental challenges overnight because reactively, success can only be achieved as we move on with the implementation of the Bill.

Mr. Tolu Aderemi also stated that there is a progressive departure from what used to be 5% of interest in the asset, a policy introduced during the President Goodluck Ebele Jonathan’s regime that was capable of driving away business in this country because, despite the fact that the Host Communities will own 10% equity (a combination of assets and liabilities) and will be entitled to 10% in the event of profit share, the problem arises when a cash call is made, a call which requires the Host Communities to pay 10% to the companies. The question now is where and how the host Communities can get this money when there has been no adequate accountability and transparency.

Joining him in the conversation was Mr. Malachi Ugonmadu, a Lawyer and former president of the Committee of the Defence of Human Rights. Mr. Malachi in addressing the question of whether the 3% is enough for the Host Communities and whether the Bill should have done better, stated from the socio political angle that, if our law as it stands today vests ownership of petroleum in the state as against the American system of government that embraces individual ownership, more so as we emulated the federal government system from America, then Nigeria has a dysfunctional federalism and this further fortifies the call for restructuring.

Conclusively, Mr. Tolu Aderemi stated that the Bill made up of 5 (Five) Chapters, 319 (Three Hundred and Nineteen) Sections and 8 (Eight) Schedules is a purposeful one. Thus, commenting on his part, he stated that 0% of 100 is not the same as 1% of 100. And looking at the books of an Oil Company and their operating expense that runs into billions of dollars, the 3% we are talking about is almost the budget of a state in Nigeria and so our focus should be centered more on the administration, management, accountability and transparency of these resources.

List Of Over 20 Law Books Available For Sale On The Legalnaija Online Bookstore

by Legalnaija | Jul 17, 2021 | Uncategorized

Law books are the life line for lawyers, law firms, law researchers and law students. The importance of law books cannot be overemphasized, and on the Legalnaija online book store, we have a list of books that would boost your law practice and help build your law library, all of which are readily available on our online store.

A – Z Of Sports Law

 ₦2500

The A to Z of Sports Law and Business is a comprehensive and bite-sized industry guide book for lawyers and non-lawyers to all the major hot topics you need to know in the sports industry.

A Force of Justice (A book in honour of Hon. Justice Oguntade)

₦25000

This book was published in honour of Hon. Justice Oguntade JSC (RTD) in 2010. It focuses on some of the landmark cases where Justice Oguntade either delivered the leading judgment or a dissenting judgment subjecting them to critical review and comprehensive assessment in well articulated and researched essays by the contributors.

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Babalola’s Law Dictionary (2nd Edition)

₦5000

Babalola’s Law Dictionary Of Judicially Defined Words And Phrases  (2nd Edition) lists over 3300 definitions and cites over 5000 cases. The Dictionary remains a must have for every lawyer, law firm and law student.

Casebook On Data Protection

₦20000

The book is divided into fourteen chapters.  After an introduction that traces the brief history of data protection in Nigeria, separate chapters are devoted to Definitions, Relationship with other rights; Principles of Data Protection; Exceptions and Derogation; Employment Data; Sensitive Data; Transfer of Data to a Foreign Country; Liability of Data Controllers; Data Subject’s Rights; Data Breach; Remedies; Data Property Rights; Supervisory Authority and Appendices that feature the Nigeria Data Protection Regulation and the NDPR Implementation Framework.

Casebook On Human Rights Litigation In Nigeria

₦20000

Human rights litigation in Nigeria is the latest book on Human rights by Frank Agbedo, author of the popular law books, Rights of Suspects and Accused Persons and Human Rights Litigation in Nigeria.

This book focuses on a compilation of leading cases on all salient legal principles and issues affecting fundamental rights enforcement in Nigeria.

This book painstakingly addresses the predicament of lawyers and judges in accessing relevant cases of interest, by providing and updating the practitioners with a comprehensive collection of (both current and locus classicus) reported cases mainly from decisions of the Supreme Court and Court of Appeal, on all notable issues of law and procedure relating to human rights litigation in Nigeria.

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5. Whether every citizen is duty-bound to report the commission of an offence to the Police and the corresponding duty of the Police to investigate it.

6.Whether both the High Court and Federal High Court have concurrent jurisdiction to entertain and determine Fundamental Rights Application.

7.Condition Precedent to the exercise of the Court’s jurisdiction in an Action for enforcement of fundamental rights.

8.The right of an Applicant to Compensation and Damages in an action for the infringement of his fundamental rights.

9.Whether the Socio-economic rights provided in Chapter II of the constitution are totally nonjusticiable in Nigerian Courts.

10. Landmark cases from other jurisdictions.

Dark Hearts (Hard Cover)

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Dark Hearts is a collection of gripping short stories based on actual court cases that will get you thinking, gaping, puzzled and wondering about the realities of the dark side of life. This compilation provides rare insights into the criminal mind.

Human Rights Litigation In Nigeria: Law, Practice And Procedure

₦8000

This book is written by Mr. Frank Agbedo, one of Nigeria’s leading authors in human rights literature and jurisprudence.

Principal features of the book include but are not limited to the ABC of human rights litigation, an in depth analysis of the new FREP Rules 2009, A review of judicial attitude to enforcement of Fundamental Rights Cases, Prosecuting Appeals in Fundamental Rights Cases, The status of public interest litigation in Nigerian Courts, The Role of Amici Curae in human rights litigation, the justiciability or judicialisation of socio-economic rights in Nigerian Courts and the future of human rights litigation. The book also features a comprehensive package of practice forms and precedents relating to practical applications for enforcement of fundamental rights, as well as a comprehensive index of cases and relevant statutes.

Practice forms and precedents

The book is almost a ready answer to all issues and matters relating to preparation, initiation, filing and prosecution of fundamental right cases in Nigerian Courts. The book is comprehensive enough to the cover of the field of human right law, practice and procedure and which could be better described as a One-Stop-Shop in human rights litigation.

International Arbitration Law And Practice: The Practitioners Perspective

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Edited by: Tolu Aderemi

The Practitioners Perspective” is one book every arbitration practitioner or student should have.

The Book is a compendium of scholarly papers that focus on contemporary topics which will deepen the practice of arbitration; whether at a junior or mid-Senior level. This book is a valuable resource tool for Arbitration Practitioners and is a welcome contribution to the body of knowledge on the topic in Nigeria.

The book which is edited by Tolu Aderemi, Partner, Perchstone & Grays, is also a compilation of articles by seasoned international arbitration practitioners from both within and outside the Nigerian legal jurisdiction including very eminently qualified and senior Arbitration practitioners such as Kamal Shah (UK), Funke Adekoya SAN, Dr. Babatunde Ajibade, SAN, Adedoyin Rhodes-Vivour SAN, Hon. Justice Nnamdi Dimgba, Tunde Fagbohunlu SAN, Osaro Eghobamien SAN, BOLAJI AYORINDE SAN, FCArb., O.F.R., Bode Olanipekun, SAN, Tunde Busari, SAN, FCIS, FCIArb, @Ikponwosa Omigie (Company Secretary, NAPIMS), Prof Alero Akeredolu, Funmi Roberts and Prof Olawuyi.

This book is a valuable resource tool for Arbitration Practitioners and is a welcome contribution to the body of knowledge on the topic in Nigeria.

Journal Of Current Law And Arbitration Practice (Vol 1, No.2)

₦5000

Articles in this Volume include:

1. The Effect of Governance On The Performance Of Money Deposit Banks In Nigeria.
2. Legal And Other Impacts Of Foreign Investments In Nigeria Since The Second Republic
3. Getting it Right Between Criminal Liability And Anti – Social Behaviour
4. The Imperative Of Establishing Appellate Courts Over Industrial Disputes In Nigeria
5. Arbitration In Criminal Matters: Hoax Or Possibility
6. CAMA 2020
7. OAU vs. Onaolaji Builders Limited: A Needless Judicial Intervention

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LAW FOR THE LAYMAN

₦3000

Law for the Layman is a book aimed at promoting legal literacy in Nigeria by bridging the gap between YOU and the LAW using the simplest language easy for comprehension in an entertaining style coupled with interesting cases and first-hand experiences from the lens of a legal practitioner.

Legal Rights And Obligations Under Nigerian Laws (Ebook)

₦2500

This book educates the average Nigerian and visitor on Nigerian laws. It contains explainers on over 80 Nigerian laws for the benefit of the reader. The Hard Cover copy of this book is sold for N3,000 (Three Thousand Naira).

Metamorphosis; Tales By A Lawyer Girl

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A fascinating and entertaining book, one that exposes the challenges of young professionals, in this case a young lawyer and her drive for success.

New Developments In Law And Practice In Nigeria

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This book examines a wide array of topical and contemporary areas of law and Practice, which include the following subjects: The Constitution; Administration of Justice; Practice and Procedure; Corporate Law including tax; Shipping Investment, arbitration, money laundering, insolvency issues; Intellectual property, media, and the Legal profession, among others.

RIGHTS OF SUSPECTS AND ACCUSED PERSONS UNDER NIGERIAN CRIMINAL LAW

₦6000

The book in a painstaking manner dwells on the fundamental rights of citizens, with particular reference to the rights of suspects and defendants as guaranteed by the Constitution of Nigeria, the Penal Code and some International Charters and Instruments which have been ratified by Nigeria. Major highlights include (a) The rights of a Suspect before and after Arrest by security agents, (b) Rights of a Suspect/Defendant during trial before a Court of Law, ( c) The Duties of the State/Prosecution in Criminal trials, (d) Defences available to an Accused person/Defendant during trial, (e) Rights of suspects/ Convict after trial, (f) Rights of Suspects in Prison Custody, (g) Legal remedies against rights violations, (h)Obstacles to effective Criminal Justice Administration in Nigeria, (i) Criminal Justice reforms, (j) Domestication of International Covenants on Human rights, (k) Appendixes of relevant laws. etc, etc.

Social Media For Lawyers

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This book helps lawyers, and law firms can harness social media resources to boost clientele, establish their reputations in niche practice areas and advance their legal careers.

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The Employment Law Handbook

₦15000

The Employment Law Handbook is written to fill a gap identified in the nature of texts on Employment and Labour Law in Nigeria. While there are many well-researched books on the general principles of Labour and Employment Law, there is a dearth of quick reference materials for Human Resource Managers and Legal Practitioners who have to grapple with taking decisions and advising on workplace related issues on a daily basis. This need is accentuated by the rapid changes in this area of the Law in recent years.

This book provides answers to most of the frequently asked questions on Employment and Labour Law, contains a synopsis of all Employment and Labour Law related legislations as well as selection of precedents.

The Nigerian Electricity Market; Understanding The Transactional, Legal & Policy Issues

₦35000

The books aims at giving industry participants all the necessary negotiating tools as they engage in the complexities within the power sector in Nigeria. The books discusses licenses, agreements, and regulations that operate within the power industry space.

Understanding Petroleum (Oil & Gas) Transactions and the Nigerian Market

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There have been several policies in the Petroleum industry such as those related to local content and domestic gas supply obligations. This book provides a clear Insight about executing transactions, obtaining licenses and other complex issues industry participants encounter.

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2 Tools On The Legalnaija Blawg To Help You Advance Your Legal Career

by Legalnaija | Jul 12, 2021 | Uncategorized

We know how important your legal career is to you and we have 2 (Two) Tools that can help you advance your legal career.

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1. THE NIGERIAN ELECTRICITY MARKET; UNDERSTANDING THE TRANSACTIONAL, LEGAL & POLICY ISSUESby Dr. Ayodele Oni
2. UNDERSTANDING PETROLEUM (OIL & GAS) TRANSACTIONS AND THE NIGERIAN MARKETby Dr. Ayodele Oni
3. BABALOLA’S LAW DICTIONARY OF JUDICIALLY DEFINED WORDS AND PHRASES (2ND EDITION)by Olumide Babalola
4. INTERNATIONAL ARBITRATION LAW AND PRACTICE: THE PRACTITIONERS PERSPECTIVEby Tolu Aderemi
5. CASEBOOK ON DATA PROTECTION By Olumide Babalola
6. SOCIAL MEDIA FOR LAWYERSby Adedunmade Onibokun
7. A  – Z of Sports Law and Business by Olisa Agabakoba Legal
8. A Force of Justice (A book in honour of Hon. Justice Oguntade)
9. Casebook on Human Rights Litigation in Nigeria by Frank Agbedo
10. Human Rights Litigation In Nigeria: Law Practice And Procedure)
11. Journal of Current Law And Arbitration Practice (Vol 1 & 2)
12. The Employment Law Handbook by Jamiu Akolade 

You can order any of the books above via the Legalnaija Store at www.legalnaija.com/shop.

For more info, contact support at hello@legalnaija.com, via @Legalnaija across your social media platforms or on Whatapp via 09029755663.

How businesses can leverage tech for growth in focus as 15th NBA-SBL conference begins July 14

by Legalnaija | Jul 12, 2021 | Uncategorized

How businesses can leverage technology to drive transformation will be the focus of the 15th annual conference of the Nigerian Bar Association Section on Business Law (NBA-SBL) holding July 14-15, 2021.

The conference, themed “Retooling Business for Change: Leveraging the Tech Explosion”, will feature an array of carefully selected speakers and panellists sourced from the ICT sector, governments, corporate bodies, law firms and law societies.

The annual NBA-SBL conference is a platform for business lawyers within and outside Nigeria to network and engage on issues relevant to their fields as well as to establish a thriving relationship between the business community and government institutions.

According to the organisers, there will be a total of five plenary sessions on Day 1 of the two-day conference.

The first session, with the topic “Tech Innovation and E- Governance”, will be moderated by Ifueko Omoigui-Okauru, Managing Partner at Compliance Professionals Plc, and Coordinated by Temidayo Ajayi-Bello of DETAIL Commercial Solicitors. The panellists include Governor Godwin Obaseki of Edo State, Gabriel Okeowo, Principal Lead/CEO, BudgIT Nigeria, Honourable Justice Kashim Zannah, Chief Judge of Borno State, Yewande Sadiku, Executive Secretary/CEO, NIPC.

Panellists including Mitchell Elegbe, MD/CEO of Interswitch, Olugbenga Agboola, Co-Founder and CEO of Flutterwave, Gisele Nwepu, CEO of Okapi Financial Services, Olaoluwa Awojoodu, CEO of E-Settlement Group, and Babatunde Ogundeyi, Co-Founder/CEO of Kuda Bank, will discuss the topic “The Future of Digital Financial Services & Financial Inclusion” in the second panel session. The session will be moderated by Dayo Ademola, Managing Director, Branch.co., will moderate the session, while Tiwalola Osazuwa of Aelex will be the coordinator.

“Outliers – From Law to There” will be the crux of the discussion at the third panel session with Funke Bucknor-Obruthe, Founder, Zapphaire Events, Audu Maikori, Founder, Chocolate City, Emem Ema, Founder, One Management, and Nnamdi Patrick-Onuh, Founder, Alistair Englebert Preston Photography, as panellists.

Other topics to be tackled on the Day 1 of the conference are “Internet and Broadband Connectivity – Good or Bad?” (Plenary 4) and “We All Have a Story” (Plenary 5).

Dr. Omobola Johnson, Senior Partner, TLcom Capital, will moderate the fourth session which has panellists that include Charles Anudu, CEO of Swift 4G, Prof. U. G. Danbatta, Executive Vice Chairman of Nigeria Communications Commission, Gerald Ilukwe, Pioneer MD, Galaxy Backbone, and Kazeem Oladepo, VP, IHS Towers. The session will be coordinated by Aderonke Alex-Adedipe of Pavestone Solicitors.

Gbenga Oyebode, Founding Partner and Of Counsel, Aluko & Oyebode, Asue Ighodalo, Founding Partner, Banwo & Ighodalo, and Myma Belo-Osagie, Of Counsel, Udo Udoma Belo-Osagie, will be the discussants at the fifth panel, with Ayuli Jemide, Chairman, NBA SBL and Lead Partner, DETAIL Commercial Solicitors, as well as Tobenna Erojikwe, Chairman Board of Governors, Institute of Continuing Legal Education and Partner, The Law Crest LLP, as moderators.

There will also be a Question and Answer session with Oyeyemi Aderibigbe, Senior Associate, Templars, while Dr. Adeoye Adefulu, Vice Chair, NBA-SBL and Partner, Odujinrin & Adefulu, will give the closing remarks.

The panel sessions will be preceded by remarks by the Chairman of the Conference Planning Committee, Adeleke Alex-Adedipe, Managing Partner, Duale, Ovia & Alex-Adedipe (DOA), Conference Framer, Ayuli Jemide, Chairman, NBA-SBL and Lead Partner, DETAIL Commercial Solicitors, and welcome remarks by Olumide Akpata, President of the Nigerian Bar Association (NBA).

Meanwhile, the organisers have confirmed that Lagos State Governor, Babajide Sanwo-Olu, will deliver the opening address, Dr. Wendy Okolo, Intelligence Research Engineer, National Aeronautics and Space Administration (NASA), will give the keynote speech, while Engr. Simbi Wabote, Executive Secretary of the Nigerian Content Development and Monitoring Board (NCDMB), will deliver the goodwill message.

#NBALAGOS2021 Law Week: Disruption, Innovation And The Bar

by Legalnaija | Jul 6, 2021 | Uncategorized

The The Nigerian Bar Association (NBA) Lagos Branch has unveiled theme for it’s 2021 annual Law week as ‘Disruption, Innovation and the Bar.’

This theme is apt especially at a time Information technology is virtually driving major innovations around the world and also changing the way businesses do things ranging from communication to Banking & Payments, Education, Transportation etc.

The fast paced innovation, disruptive solutions and services that information technology is bringing about have serious legal implications for every country including Nigeria.

It is therefore pertinent as Lawyers that we understand the practice of law in this technological era, how to be positioned and relevant. The relevance of a lawyer in a developing Nation and the world at large goes beyond litigation, Lawyers should be aware of how to gain relevance in a changing world and challenges to face.

To give the key note address on this topic at the annual law week are HRH Mohammed Sanusi II and Mrs. Oby Ezekwesili, Public Policy Analyst / Senior Economic Advisor, AEDPI.

These speakers will set the tone for the conference by giving an overview of how technology, innovation and trade liberalisation are disrupting the practice of law across the globe and what it means for the Nigerian legal practitioner.

Mr. Moyosore Onigbanjo SAN, Hon. Attorney-General, Lagos State and Mrs. Efe Etomi would formally open the two-day conference of the NBA Lagos Branch Law Week 2021 with a welcome note.

There would be eight plenary sessions with experts from various sectors of the economy to discuss issues around national security and our fundamental rights; creating world class law firms in Nigeria; bringing justice delivery in Nigeria Into the 21st century; and changing Landscape of arbitrator disclosure obligations.

Other plenary sessions will addresses topics on Financial Autonomy of the Judiciary: Key to Judicial Independence or Ruse?; Young Lawyers, Minimum Wage, Brain Drain and Professional Development; Lawyers Without Borders: Opportunities or Threats? and Career Development Strategies for Professional Growth.

#NBASBL2021: 10 Candidates Shortlisted In NBA-SBL Innovation Hub Challenge 

by Legalnaija | Jul 4, 2021 | Uncategorized

The review panel for the NBA-SBL Innovation Hub Challenge has shortlisted 10 applications for the second stage of the challenge which will take place as a session at the Business Law Conference scheduled for July 14 and 15, 2021.
The 10 shortlisted applications were selected from a pool of about 40 applications across a wide spectrum of sectors including healthcare, insurance, education, fitness/wellness, transportation, financial services, and legal services.
The organisers said the quality of entries received show that given an enabling environment and opportunity, Nigerian innovators can make excellent and significant contributions to the digital economy.

The shortlisted innovators will be provided the opportunity to showcase their solutions and will be interviewed by another panel of distinguished judges different from the assessors.
The NBA-Section on Business Law conceived the Innovation Hub Challenge as a response to yearnings for creative and innovative solutions to some of the business and economic challenges facing the nation. The challenge, born out of the theme of this year’s Business Law Conference “Re-Tooling Businesses for Change – Leveraging the tech Explosion”, is an effort by the NBA-SBL (and its partners) to contribute to the growth of the digital economy by providing seed funding and visibility to promising Nigerian innovators.
The Challenge invites Nigerian innovators who are working on promising technology solutions that addresses problems in any of the critical sectors of the economy to present their ideas and demonstrate their solutions to stand a chance of receiving some seed funding to advance their projects.
The review, conducted by a panel of nine astute assessors using a meticulous process, evaluated the applications on the basis of already evaluation criteria which include (1) Creativity & Impact; (2) Technical Feasibility & User Experience; (3) Business Viability & Overall Quality; (4) Team-work & Collaborations.

On creativity & impact, the assessors wanted to know, for instance, what the Big Idea was and what creative solution was being offered. Is the product or service offering a solution that is better, faster, cheaper, more convenient, efficient than whatever options exist?

While the assessors did not look too deeply at the technology driving the solution (the judges will examine and scrutinise that at the conference, they wanted to know what efforts, if at all, had been made by the innovators to test their products with some users and if they are leveraging such user feedback to improve their offering.

The assessors, realising that the seed funding being offered as prizes at the Challenge needed to be properly stewarded, looked under the hood to assess the applicants for business viability. The question the assessors needed answers to included whether there is a compelling business model that shows how value will be created and driven over time and whether the financial model is clear.

It is expected that the process for the second stage will be more rigorous.

Meanwhile, the shortlisted applicants have been invited to complete a second review process which will be evaluated by the panel of judges. Attendees at the conference will also be given an opportunity to vote to determine the most innovative solution. The attendees’ votes will form a part of the grading criteria to determine the final winners.

“We think it is important to add that those innovators who submitted a pitch but did not make the shortlist are encouraged to continue working on their solutions. Many of them are brilliant ideas that require encouragement, nurturing and support,’ said Rotimi Ogunyemi, chair of the CPC 2021 Technology & Innovation Subcommittee, co-chair of the Digital NBA Committee and chair of the ICT Committee, NBA- Section on Business Law.

“The SBL Innovation Hub had limitations as to numbers and was thus constrained to select only the top 10 based on the published criteria and scores,” Ogunyemi said.

The 10 shortlisted applications were selected from a pool of about 40 applications across a wide spectrum of sectors including healthcare, insurance, education, fitness/wellness, transportation, financial services, and legal services.
The organisers said the quality of entries received show that given an enabling environment and opportunity, Nigerian innovators can make excellent and significant contributions to the digital economy.

The shortlisted innovators will be provided the opportunity to showcase their solutions and will be interviewed by another panel of distinguished judges different from the assessors.
The NBA-Section on Business Law conceived the Innovation Hub Challenge as a response to yearnings for creative and innovative solutions to some of the business and economic challenges facing the nation. The challenge, born out of the theme of this year’s Business Law Conference “Re-Tooling Businesses for Change – Leveraging the tech Explosion”, is an effort by the NBA-SBL (and its partners) to contribute to the growth of the digital economy by providing seed funding and visibility to promising Nigerian innovators.
The Challenge invites Nigerian innovators who are working on promising technology solutions that addresses problems in any of the critical sectors of the economy to present their ideas and demonstrate their solutions to stand a chance of receiving some seed funding to advance their projects.
The review, conducted by a panel of nine astute assessors using a meticulous process, evaluated the applications on the basis of already evaluation criteria which include (1) Creativity & Impact; (2) Technical Feasibility & User Experience; (3) Business Viability & Overall Quality; (4) Team-work & Collaborations.

On creativity & impact, the assessors wanted to know, for instance, what the Big Idea was and what creative solution was being offered. Is the product or service offering a solution that is better, faster, cheaper, more convenient, efficient than whatever options exist?

While the assessors did not look too deeply at the technology driving the solution (the judges will examine and scrutinise that at the conference, they wanted to know what efforts, if at all, had been made by the innovators to test their products with some users and if they are leveraging such user feedback to improve their offering.

The assessors, realising that the seed funding being offered as prizes at the Challenge needed to be properly stewarded, looked under the hood to assess the applicants for business viability. The question the assessors needed answers to included whether there is a compelling business model that shows how value will be created and driven over time and whether the financial model is clear.

It is expected that the process for the second stage will be more rigorous.

Meanwhile, the shortlisted applicants have been invited to complete a second review process which will be evaluated by the panel of judges. Attendees at the conference will also be given an opportunity to vote to determine the most innovative solution. The attendees’ votes will form a part of the grading criteria to determine the final winners.

“We think it is important to add that those innovators who submitted a pitch but did not make the shortlist are encouraged to continue working on their solutions. Many of them are brilliant ideas that require encouragement, nurturing and support,’ said Rotimi Ogunyemi, chair of the CPC 2021 Technology & Innovation Subcommittee, co-chair of the Digital NBA Committee and chair of the ICT Committee, NBA- Section on Business Law.

“The SBL Innovation Hub had limitations as to numbers and was thus constrained to select only the top 10 based on the published criteria and scores,” Ogunyemi said.