by Legalnaija | Feb 11, 2024 | Uncategorized
Dear subscribers,
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Happy networking and collaborating!
by Legalnaija | Feb 5, 2024 | Uncategorized
The best way to resolve a dispute is to prevent it from happening in the first place. It is pertinent to state clearly here that even the best managed businesses can sometimes find themselves in dispute with customers, suppliers, partners or employees. Especially in the aviation industry which brings people from different continents, races, tribes, and all works of life together. The aviation industry is among the largest industries in the economy of all nations of the world. It will be irrational and misleading to state that while operating and managing such a large and sensitive sector there won’t be disputes.
Resolving disputes can take a lot of time and effort, which could also affect running your business. It is advisable to take steps to avoid disputes completely, or if they do arise, they can be resolved quickly, with minimal cost and impact on business relationships.
To manage or avoid disputes in the aviation industry managers, operators and passengers must ensure that you confirm details in writing. It is worth mentioning that disputes occur because there is no clear agreement, contract, policy or procedure in place for parties to refer to. This can be avoided by having a written agreement or contract in place before you supply (or buy) goods or services.
do well to ensure that all terms, including payment details, are included in the agreement and that it is signed by all the parties involved. you should ensure that if there is need to vary the agreement or contract ensure the variations are also put in writing and agreed to by all parties. This may be as simple as obtaining an email confirming acceptance of the variation or something more formal. Make sure that business policies and procedures should be developed for employees and contractors to avoid future disputes. Employees should also have an employment contract.
It is advisable to seek legal advice when you are developing contracts. Secondly, there is this saying that you start dying the day you stop reading. To prevent this saying from taking effect, the aviation industry, airline, passengers and users of different services in aviation should note that If you sign a contract you will usually be bound by its terms and conditions. Make sure that you read and understand all contracts before signing and seek legal or other professional advice if you do not understand any of the terms.
be warned, do not rely on information from the other party as to the meaning and effects of the contract.
Again, the airline industry and the aviation service providers must take note of this point because more often than not it is because this aspect is poorly managed and not given adequate attention that most disputes originate in the aviation industry, Having good communication and relationships with your customers and suppliers will help to avoid disputes. Make sure they know how to provide feedback to you if something is not right and, if you do receive complaints, make sure you deal with them promptly. Be honest with your customers if your business is at fault. ensure you don’t ignore problems it will only make matters worse.
Furthermore, managers, service providers and airline owners and operations as well as manufacturers must Keep copies of all your signed agreements and contracts in one place so they are easy to find. Have a system to remind you of key dates and details included in the contract so you don’t breach any terms and conditions. Don’t file and forget as it could lead to a dispute down the track.
To avoid disputes in the aviation industry, Staff should be trained in how to handle customer complaints or negative feedback in an appropriate and professional manner. Develop and document a complaint handling process for staff to refer to if required. Ensure all staff are aware of the scope of their authority to enter into contracts on your behalf. The training should be a routine exercise.
This is the crux of this discussion that must be strictly adhered to. The reason is that ignorance of the law is not an excuse. so There are many legal obligations you must be aware of when operating a business. It is important to understand and comply with these obligations in order to avoid disputes and additional costs for your business.
In conclusion, Don’t wait for a problem to occur. Seek assistance and feedback from your lawyer. ask aviation experts questions. It is not all the time that your flight is cancelled that you want compensation or refunds especially when the reason for such delay or cancellation was accurately communicated to you timeously. There could be technical challenges or weather reports that must be complied with from the meteorological agency. If these instructions are adhered to, there will no doubt be minimal cases of disputes in the aviation industry.
GONJI MONDAY STANLEY
by Legalnaija | Feb 5, 2024 | Uncategorized
The Justice Aderemi Annual Law Series Foundation (JAALS Foundation), a Nigerian non-governmental organization at the weekend announced that it would train 50 Senior Registrars of the Federal Hight Court.
The Secretary of the Board of Trustees of the JAALS Foundation, Mr. Tolu Aderemi made the disclosure of this groundbreaking initiative during the 2024 Walk4justice event held on Saturday February 3, 2024.
The Walk4justice, which had in attendance Distinguished members of the Bar, the Bench, and corporate Nigeria started from Falomo-Ikoyi to the premises of the Federal High Court in Queens Drive, Ikoyi, Lagos State.
Aderemi said that the training program comes as the Federal High Court celebrates its 50th anniversary.
Aderemi, the Convener of the #Walk4justice, a Partner at Perchstone & Graeys and also chairman, International Law Association Arbitration Committee, expressed concern about the avoidable congestion in prisons and the state of Nigerian court infrastructure and personnel.
He called for swift action to ensure that justice remains accessible to all, stating that the perception of justice being out of reach for the common man must be addressed.
In his welcome address, the Chairman of the Board of Trustees, JAALS Foundation, Emeritus Professor Michael Omolewa, described the Foundation’s commitment as a significant step towards reforming Nigeria’s justice system.
He called on other individuals of means to support the Foundation’s cause while emphasizing the importance of the Court as the last hope of the common man.
Hon. Justice Munta Abimbola, the immediate past Chief Judge of Oyo State, commended the JAALS Foundation for its dedication to training Court Registrars.
Recognizing the pivotal role played by Court Registrars in the administration of justice, he stressed the importance of providing them with regular training.
Justice Abimbola also expressed his gratitude to the Foundation for its support of justice and urged other well-meaning Nigerians to join in supporting the cause.
The Chairman of the Nigerian Bar Association, Mr. Bisi Makanjuola, eulogised the JAALS Foundation for its laudable initiative.
He encouraged judges to continue their hard work, citing Hon. Justice Faji as an exemplary model.
Mr. Osaro Eghobamien, SAN, a member of the National Judicial Council, commended the Foundation’s unwavering commitment to improving the administration of justice.
He also highlighted the urgent need for infrastructure improvement in the Nigerian court system and expressed confidence that the training sponsored by the JAALS Foundation would contribute significantly to addressing these challenges.
Babatomiwa Adesida of Sahara Group, a private sector player, joined the voices advocating for an improved justice system in Nigeria.
Adesida emphasized the court system as the true hope of the common man and called on more Nigerians to support the JAALS Foundation’s cause.
Hon. Justice Faji, the host Judge, expressed his gratitude to the organizers of the Walk and specifically thanked the delegation and the JAALS Foundation.
He pledged to transmit the letter to the Honourable Chief Judge of the Federal High Court, expressing his thanks on behalf of the Court.
The event received support from organizations such as the International Federation of Women Association (FIDA), the Women In Prison Initiative (WIPSI), and various private sector players.
The JAALS Foundation’s commitment to training Senior Registrars of the Federal High Court marks a significant milestone in the ongoing efforts to reform Nigeria’s justice system. With the support of various stakeholders, including the legal community and private sector players, the Foundation’s initiatives are poised to make a lasting impact on the administration of justice in the country.
by Legalnaija | Dec 28, 2023 | Uncategorized
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by Legalnaija | Dec 22, 2023 | Uncategorized
DRIVE INCREASED FOREIGN DIRECT INVESTMENT INTO NIGERIA USING ARBITRATION- TOLU ADEREM
Arbitration experts in Nigeria have called for a stronger commitment to foreign direct investment and the enforcement of arbitral awards in the country. This call was made at the 2023 Annual Dinner of the International Law Association (ILA), Arbitration Commission, held in Lagos State. The theme of the dinner was ‘International Arbitration: Putting Our House In Order’.
Leading this charge, Prof. Tolulope Aderemi, Chairman of the Arbitration Committee, expressed concerns about the increasing number of appeals on arbitration-related matters reaching the Supreme Court. He emphasized the need to reconsider such appeals on weak grounds, as they hinder Nigeria’s potential as a preferred foreign investment destination. Aderemi also called for strict penalties to be imposed on those who violate the ethics of the industry.
Aderemi urged his colleagues to continue to practice arbitration with integrity and within ethical boundaries. He proposed the establishment of a national code of ethics for arbitrators, the evaluation of legal provisions relating to misconduct, and the enhancement of accountability and probity in the conduct of arbitrators. He also called on the Nigerian government to conduct an audit of contracts similar to the P&ID contract to assess the government’s exposure and mitigate risks.
Prof Damilola Olawuyi, SAN, President of the International Law Association, Nigerian Branch, commended the efforts of the Arbitration Committee in leading change in the Nigerian arbitration landscape. He emphasized the importance of aligning arbitration practices in Nigeria with international best practices and standards.
The keynote speaker, Mr. Babatunde Fagbohunlu, SAN, discussed the challenges faced by African arbitrators in accessing the global arbitration market and the significant arbitral awards against the Nigerian government. Fagbohunlu emphasized the need for Nigerian arbitrators to equip themselves for global opportunities. He proposed the establishment of a single arbitration institution for the African continent to enhance its attractiveness and participation in international arbitration. Fagbohunlu also stressed the importance of supporting the judiciary in enforcing arbitration agreements and awards.
During the Fireside chat, Mrs. Hairat Balogun, a Life Bencher and the first female Attorney General and Commissioner for Justice, Lagos State, addressed the ethical issues within the legal profession. She attributed the decline in the profession’s standing to the lack of adherence to ethical rules and the diluted training of lawyers. Balogun criticized the current method of admission into the Nigerian Law School and called for a reconsideration of the suggestion to admit only students from accredited schools.
The 2023 ILA Dinner concluded with a unanimous recognition of the need for practitioners to uphold integrity, accountability, and probity in arbitration. The event highlighted the importance of attracting foreign direct investment and enforcing arbitral awards in Nigeria. The discussions emphasized the role of arbitration in economic development and the need for practitioners to practice with diligence and integrity to support governments worldwide.
by Legalnaija | Nov 25, 2023 | Uncategorized
ESG Due Diligence in Nigerian Commercial Transactions
A traditional due diligence (DD) is performed to verify details in a transaction and detect potential defects in a deal or investment prospect. This process would usually include considerations of environmental, health, and safety (EHS) issues.
However, given the increasing emphasis on sustainability by stakeholders and regulatory bodies, it has become imperative to integrate Environmental, Social, and Governance (ESG) metrics into the due diligence procedures to steer clear of bad investments.
Consequently, investors are now inclined to allocate higher financial resources for sustainable targets. Unlike the relatively narrower scope of EHS, ESG introduces a more comprehensive array of sustainability risks and opportunities directly influencing transaction valuation.
Investors and creditors are increasingly employing Environmental, Social, and Governance (ESG) criteria to evaluate risks and opportunities for value creation. Businesses now face mounting pressure from various sources, including regulatory bodies, investors, and local communities, compelling them to adopt a proactive stance on ESG issues.
As said above, while the due diligence process traditionally encompassed Environmental, Health, and Safety (EHS) considerations, there’s a discernible shift toward a more comprehensive review utilizing ESG standards that span environmental, social, and governance topics. This shift is propelled by heightened expectations from stakeholders and growing concerns about the climate and environmental impact of business activities. In commercial transactions such as Mergers and Acquisitions (M&A), the integration of ESG due diligence is crucial during the negotiation phase, as significant ESG findings can exert a tangible influence on the valuation of the target company.
Conducting ESG due diligence serves several key objectives within the context of commercial transactions. Primarily, it aims to comprehensively grasp the risk profile and exposure of the company to environmental, social, and governance (ESG) considerations. This process involves a detailed examination of associated ESG risks and the identification of any red flags that may arise during the due diligence process. Additionally, it aims to ferret potential risk mitigation measures.
Given that a company’s ESG performance significantly influences its operations (its capacity to secure financing, maintain employee satisfaction and morale, capitalize on growth opportunities, and retain and expand its customer base), ESG considerations become crucial in decision-making. As a result, stakeholders such as investors, employees, customers, regulators, and others are increasingly holding companies accountable for their ESG practices.
In a comprehensive survey covering Europe, the Middle East, and Africa, a 2022 KPMG study found that over two-thirds of dealmakers expressed a readiness to offer a premium for a target exhibiting advanced ESG maturity in alignment with their specific ESG priorities.1 In another survey of 200 ESG practitioners including corporate investors, financial investors, and M&A debt providers, it was found that 74% of professionals are already integrating ESG considerations as part of their M&A agenda, with the identification of ESG risks and opportunities given as the top reason for conducting ESG due diligence, by 46% of respondents, followed by requirements by investors, cited by 19%, and preparation for regulatory requirements by 14%.2
Evaluating a company’s environmental, social, and governance (ESG) practices through due diligence provides insights into its value creation and sustainability. Beyond assessment, this process empowers investors to anticipate and implement post-closing strategies to mitigate identified risks. Investors often place a premium on sustainable targets, driven by the belief in a positive, long-term relationship between sound ESG practices and financial returns. Essentially, strong ESG performance is considered a proxy for effective management, recognizing its pivotal role in determining a company’s financial value.
Materiality
Determining which ESG activity to scrutinize might be taxing because ESG is a broad term. I liken it to a skilled fisherman navigating the open sea. ESG, akin to a boundless ocean, teems with various sea monsters representing diverse aspects. Much like a fisherman’s cautiousness deepens with the water’s depth, the scrutiny of ESG factors intensifies depending on the specifics of the transaction and the nature of the company involved.
Close to the shore, where waters are shallower, a fisherman may only concern himself with a few threats. Similarly, in the realm of ESG, the level of scrutiny hinges on the subject of the transaction. ESG, being extensive and at times complex, encompasses different topics under each pillar. For instance, within the Environmental (E) pillar, considerations span biodiversity, climate change, decarbonization, air pollution, deforestation, water contamination, and more. The Social (S) pillar addresses matters such as minimum wage, child labor in the value chain, cybersecurity, data privacy, diversity and inclusion, and human rights. Governance (G) encompasses business ethics, corporate governance, responsible tax records, regulatory compliance, and anti-corruption measures.
During negotiations, it is evident that not all these issues would be equally applicable. Identifying the pertinent (material) ESG topics for scrutinizing a transaction represents the initial and significant challenge. There is no one-size-fits-all approach; hence, the scope of an ESG due diligence must be tailored on a case-by-case basis, considering the unique sustainability-related risks and opportunities associated with each transaction.
Nigeria
The Financial Reporting Council of Nigeria’s recent emphasis on sustainability risk disclosures, coupled with the proposal for a carbon tax and the escalating concerns about data privacy from both stakeholders and regulators, reflects a notable shift towards more rigorous ESG regulatory practices in Nigeria. This shift underscores the importance of conducting thorough ESG due diligence. Investors and financiers adopting ESG due diligence procedures enhance their readiness to navigate evolving regulatory requirements.
Incorporating ESG due diligence into the deal process not only distinguishes organizations in a competitive field but also positions them to secure deals successfully. This strategic approach demonstrates a commitment to long-term value creation, providing investors with a competitive advantage. Also, prioritizing ESG due diligence ensures a comprehensive understanding of the broader spectrum of sustainability risks and opportunities directly influencing deal valuation.
While ESG considerations have been around for many years, ESG due diligence is still a relatively new concept at its nascent stage of adoption. As a result, there is no uniform standard or guideline for organizations to comply with. The good news is organizations can develop their ESG due diligence template or framework aligned to their unique business needs.
It’s essential, however, for an organization to already have an established ESG strategy as a prerequisite for building a robust ESG due diligence framework. Before delving into the specific ESG considerations relevant to a transaction, it’s crucial to evaluate the ESG priorities that will shape decision-making processes. Subsequently, the ESG strategy can be seamlessly connected to the ESG due diligence process, enabling the development of a tailored ESG due diligence framework for the deal at hand.
I agree, it is not as easy as it sounds – condensing a practical concept into words is a trap for ridiculous simplification. Nonetheless, I’ve managed to deconstruct the concept into its prime elements. It is crucial to underscore that ESG due diligence casts its net over all entities involved in a transaction. Also, undertaking conventional financial due diligence while neglecting non-financial facets such as ESG is akin to disregarding factors that may become legal and financial risks in the long run (See FTX, Binance, OpenAI, Terra, Gemini Trust and BlockFi). ESG considerations wield the power to either fortify, erode, or forge value. Investors sidestepping ESG due diligence do so at their own peril.
Source: www.linkedin.com/peterokediya
by Legalnaija | Oct 23, 2023 | Uncategorized
Legal drafting is one of the most time-consuming and tedious tasks for lawyers. It involves creating and modifying various legal documents, such as contracts, agreements, pleadings, and more. Legal drafting requires a high level of accuracy, consistency, and attention to detail. However, it also involves a lot of repetition and manual work, which can lead to errors, inefficiencies, and frustration.
That’s why Legalnaija, a leading online platform for Nigerian lawyers, has introduced a document automation feature that helps lawyers save time and improve their productivity. Document automation is the process of using software to generate customized legal documents from predefined templates. Document automation can reduce the time spent on legal drafting by up to 80%, according to some studies.
How does document automation work?
Document automation works by using existing legal documents as templates and filling in the variable information based on the user’s input. For example, if a lawyer needs to draft a contract for a client, they can use a document automation tool to select a contract template that suits their needs. Then, they can answer a series of questions about the client’s details, such as name, address, terms of agreement, etc. The document automation tool will then generate a new contract that is customized for the client.
How does Legalnaija help lawyers with document automation?
Legalnaija is a platform that connects Nigerian lawyers with clients, colleagues, and resources. It offers various features and services for lawyers, such as online marketing, legal research, and more. One of its features is document automation.
Legalnaija’s document automation feature allows lawyers to create and access legal templates for different practice areas. Legalnaija’s document automation feature helps lawyers save time on legal drafting by:
- Providing them with ready-made templates that are relevant and compliant with Nigerian laws and regulations.
- Enabling them to customize their templates according to their preferences and needs.
- Allowing them to generate new documents in minutes by answering simple questions or filling out online forms.
- Reducing the risk of errors and inconsistencies by automating data entry and formatting tasks.
- Enhancing their client service and satisfaction by delivering high-quality and professional documents faster.
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What are the benefits of document automation for lawyers?
Document automation can provide many benefits for lawyers, such as:
- Saving time: Document automation can significantly reduce the time spent on legal drafting by automating repetitive and manual tasks. This can free up more time for lawyers to focus on other aspects of their practice, such as client communication, strategy development, research, etc.
- Improving quality: Document automation can improve the quality and accuracy of legal documents by minimizing human errors and ensuring consistency. This can enhance the reputation and credibility of lawyers and reduce the risk of disputes and litigation.
- Increasing efficiency: Document automation can increase the efficiency and productivity of lawyers by streamlining their workflow and reducing their workload. This can enable them to handle more cases and clients without compromising their quality of service.
- Boosting profitability: Document automation can boost the profitability of lawyers by lowering their costs and increasing their revenue. By saving time on legal drafting, lawyers can reduce their overhead expenses and increase their billable hours. They can also offer fixed-fee services or alternative fee arrangements to attract more clients who value speed and transparency.
How can lawyers get started with document automation?
If you are a lawyer who wants to save time on legal drafting and improve your practice with document automation, here are some steps you can take:
- Sign up for Legalnaija
- Explore the templates
- Try it out
- Give feedback
Some of the document templates on Legalnaija include a Non – Disclosure Agreement, Affidavits, Memorandum of Agreement, Loan Agreement, Guarantors Forms, Tenancy Agreement, Power of Attorney, Licensing Agreement and more. Document automation is a powerful tool that can help lawyers save time on legal drafting and improve their practice. Legalnaija is a platform that makes document automation easy and accessible for Nigerian lawyers. If you want to learn more about document automation and how Legalnaija can help you, visit our website here.
Note: Subscribing to the Legalnaija Lawyers Directory gives any lawyer or law firm free access to the Agreement Templates on the website. For inquiries, please contact hello@legalnaija.com; or 09029755663.
by Legalnaija | Oct 14, 2023 | Uncategorized
ABSTRACT
Different criminal activities keep eating into the fabric of society in every corner of the world and everything and method put into action to curb these crime rates keeps proving abortive. Both the government and the security operatives are viewed as incompetent and carrying out their first duty which is the safety of the lives and property of every member of the state. This article views criminal behavior as a deliberate action from the mind and not a thing of mistake as every criminal action is planned and calculated. The history of criminal psychology and the different factors influencing criminal psychology are itemized and provide the possible way out of the menace.
KEYWORDS: Criminal, Psychology, Psychoses, Social media, Brainwash.
INTRODUCTION
Just recently, there was a trend of a video of a young boy, I think from the South American continent of around eight (8) to twelve (12) years old being asked what he wants to be when he grows up. He said he wants to be a killer with a happy expression. The Interviewer went further to ask him why he wants to be a killer and he said it feels good. He went further to say he is going to kill anybody he could come along his way. The Interviewer asks that will he kill his Mom and siblings too, and he made an exception for them. The Interviewer asks if he is going to kill her too and he also makes an exception for her.
One question that comes to mind is where did this young boy get the mindset to be a killer? Was anyone in his family once involved in the killing that the boy witnessed? What intrigued the inhuman thoughts in the people found in different criminal activities, was learned as they grow from friends social media, and movies or they were born with it and they had it in them all through their growth
This study tends to conduct in-depth research into the psychology of crime and what motivates criminals to do what they did.
The Research work will be adopting both a normative analysis and a critical analysis approach. In order to assess the coherence and validity of normative data, such as the legal principles, provisions of some textbooks, journals, discussions on the subject matter, and other pertinent laws, it is necessary to examine the doctrinal data first. One illustration is deciding if criminalizing behaviour committed by an individual is normatively coherent, but ignoring what may have ignited the thought and behaviour.[1] A critical analysis, on the other hand, examines electoral and democratic principles in existing literature and policy in order to assess and apply these concepts to justify the modification of election laws. Case laws and some textbooks will also be consulted through the research of this topic.
HISTORY OF CRIME PSYCHOLOGY
Right from the creation of the world, maybe we decide to go by the Biblical way, the scientific story of man, or the one told by different customs and traditions across the world, crime has been in existence for a long time. Most people often think that the first crime in the Bible started with Cain killing Abel[2] but no, the first crime in the Biblical story is the conspiracy Lucifer and some angel had against God,[3] it is no need to state here that conspiracy is a crime. This conspiracy which played out in both Lucifer’s and Cain’s issues is an issue of the mind. The idea of rebelling against God his master and killing his brother started and was perfectly played out in their minds. This is to let you know that crime has been in existence for a very long time and it lives with us, we are born in it and we grow in it. However, it is left to an individual whether to develop and go into crime or just live a normal life devoid of crime.
The study of criminal psychology began in the late 17th century seeing the great crime rate increasing side every day around the world. Both frightening and interesting, the thinking of a known criminal. The usefulness of a quantitative record of criminal activity was highlighted by Sir William Petty and Bentham campaigned for the courts to maintain a statistical record of criminal convictions in 1778.[4]
The development of human behavior began with the establishment of tiny towns and villages in agricultural regions, and the application of the intellect to satisfy the needs of the body and its associated systems. Who began communal living first is still unclear. It is certain, however, that it began close to water sources where there was both vegetation and meat to be had. The supernatural, mysticism, and magic were also used in early attempts to comprehend human behavior. Long before Freud, people believed that dreams had meaning, and we continue to learn about ‘mental dynamics.’
‘Extrasensory perception (ESP) is an old idea that is enjoying much current study. It is based on the ‘psychic power’ enabling people to communicate with unseen and unheard people and other sources and that ‘The witch doctor or medicine man or shaman became the interpreters of ‘law’ or conforming behavior.’[5]
The separation of the ‘mind’ and ‘body’ in early philosophies led to paradoxes in our understanding of how people behave.
Behaviorism in modern experimental psychology holds that anything that cannot be defined, observed, and measured is ‘mentalistic’ and subjective. Subjective data pertains to personal experience bound by past and present awareness and interpretation. Objective data or ‘veridical domain’ refers to data that can be observed and are available to everybody. Experimental psychologists and many social scientists are concerned only with objective data, while many clinicians, including clinical psychologists, psychiatrists, and psychiatric social workers, are concerned with personal awareness and perception, experience, and the perspective of the patient.[6]
In contrast to scientists, religious philosophers place more emphasis on the latter. To determine whether intentions were good or evil and the behaviors that resulted from those intentions from realistic viewpoints, the debate’s goal was to examine the relationship between the mind and body. It has helped us to comprehend human behavior, especially criminal activity that is motivated by retaliation (also known as Actus Reus or Mens Rea) and related to purpose. A significant component of the interactions between Mens Rea and Actus Reus remained unexplored due to disagreements over criminal behavior and its causes.
Understanding criminal behavior and recommending corrective actions through the criminal justice system are based on criminality. The focus is on the types of crimes that are committed and how they are categorized per local law and social norms, with any imposed restrictions. The two primary aspects of the crimes, the Public Wrong and the Moral Wrong are mostly used to categorize and decide upon them. Mala in prohibita and Mala in se are two additional ways to distinguish between criminal offenses. The purpose of this example is to demonstrate how criminal behavior is consistent among those involved in comparable crimes and when criminal conduct is regarded to be a crime.
It should however be noted that any background can be used as justification for committing a crime, but in this section, it will be highlighted as to who commits what crimes and under what conditions. The fundamental notion regarding the commission of crimes is to comprehend the operation of a sense of capability. Human behavior is unique to each individual, and there may be many more causes than those covered in this article. It is important to emphasize that although man prefers easy, he must work hard to obtain relaxation.
Quarreling is defined as a physical altercation, a heated argument, or the exchange of insults, taunts, threats, or accusations between two people. These crimes are perpetrated by people who are aggressive and violent by temperament, but not to the point where they would hurt their adversaries physically. Most often, they are the ones that try to force others to follow the rules and procedures, whether they agree with them or not. They intimidate or abuse one another when they argue at a distance, yet they argue with one another face-to-face without being physical. However, their “Sense of Capability” prevents them from resorting to actual violence while they are blaming or arguing. The other type of abuse involves wrongly using someone, with or without their consent, by using their environment and circumstances to force them to participate in the abuse. Legally abusing is ‘deviating from legal or reasonable use of words or force in dealing with a person or thing. Injury to the mind, emotions, body, or sexual organs can come from physical or mental abuse.’[7] Because they lack the confidence to endure more than verbal abuse or to confront any retaliatory force, the perpetrators of these crimes choose weaker individuals as their targets, such as children, women, elderly or young people, and any type of subordinates.
Offenders of violent crimes physically damage others, whether or not there is a motive or animosity between them. Most often, people with anxiety or high blood pressure would commit these kinds of actions, which are both crimes and offenses, to fulfill their unfulfilled aspirations and desires. They would have unfinished wills that date back to their childhood, adolescence, or young. These individuals lack patience, thus they respond quickly to any unfavorable circumstance by hurting an adversary or creating property harm. Some people carry out these crimes to extort money under duress, while others do so out of passion or to fulfill their nasty fantasies. In every one of these situations, their “sense of capability” allowed them to act improperly regardless of the damage that resulted. The violence primarily manifests as an individual or group act. In cases of personal violence, the goal is to lessen or hinder the opponents’ capacity for competition by inflicting harm that results in a loss or some kind of temporary or permanent disability. Collective violence typically disrupts or harms the daily activities of the public, causing losses for the country.
Philosophy, medicine, law, and biology were the four main pillars of the creation of criminal psychology. Before there was criminal psychology, there was a debate in criminal law between medical specialists and court judges over how to proceed in the majority of instances, which prompted the formation of a specialized field for individualized investigations and assessments of suspects. Criminal anthropology[8], which focuses more on systemic characteristics of crime than specific suspects and court cases, is considered to be a subfield of the larger discipline of criminology, which is often regarded as having criminal psychology as a forerunner.[9]
CRIME AND OTHER TERMINOLOGIES
Offenses are felonies, unlawful deeds, omissions, or circumstances that usually result in court-ordered criminal prosecutions. In every society, the State establishes some crimes as offenses by codification, and when these crimes are committed, police or investigation agencies are triggered to take action, bring the criminals to justice, and punish them.
An act or omission which renders the person doing the act or making the omission liable to punishment under this Code, or any Act, or law, is called an offense.[10]
However, C. M. V. Clarkson defines it as;
Criminal law sets standards that largely reflect community values of what is wrong and harmful. By setting these standards and punishing those who do not conform to them, lawmakers hope to strengthen respect for the standards and encourage people to comply with them. It is not enough simply to lay down these standards. They must be communicated to the public and potential wrongdoers. This communication must be in a language and in a form that is accessible and comprehensible to such a person.[11]
Offenses’ primary distinction from crimes is their widespread notoriety. The State declares an offense through legislation, which is publicized in the media and printed materials. Once something is classified as an offense, the public must refrain from it, and the job of the police to enforce it. Although there is a saying that ‘ignorance of the law is no excuse,[12]’The State also has to make sure that it receives widespread attention and has room for the general population to follow it. Except for special laws designed for particular objectives, no law can be enforced alone. All parties involved retain the right to know the specifics of this case as well. The knowledge of the seriousness of the offense and the punishment may serve as a check on the ‘sense of capability’ of some wrongdoers.
To operate daily operations smoothly in society, many issues are jointly agreed upon as laws or norms. Although many tiny transgressions or errors go unnoticed by the broader public, they have a significant impact on an individual’s future success. As an illustration, taking favorite foods away from kids without their consent, lying to get out of a situation where you might otherwise become angry, or berating others for trivial things are some examples. A pang of guilt known as sin is not the same as a crime or an offense. The Bible did not categorically defines the term sin, however, sin could, regardless of religion, be defined as;
Breaking God’s law and ordains or behavior that is against the principles of
morality. It may be an offense against convention that is considered contrary to common sense and that is fatal to the salvation of the soul.[13]
Sin causes a person’s personality to feel guilty, which prepares them for punishment.[14] To ensure that they are brought to justice, they continue to sin or commit crimes as a result of their newly found ‘sense of capability.’ Vice is any moral sentiment, ethical shortcoming, evil, corruption, flaw, or violation of one’s religious commitments. Fornication, cheating, backbiting, drunkenness, and other vices are among the numerous that fall under the criminal category. Having a guilty conscience maintains the criminal in a constant state of restlessness and mental disturbance, whereas punishment gives the convict a sense of satisfaction while relieving their social and emotional suffering. The possibility for guilty-conscious people has also been supplied by religious and social peers. They can confess their faults to God and repent, or they can submit to the law or go into confessional boxes as an alternative.[15]
Till tomorrow, every author will be creative with the right definition of the term crime. Just like the proverbial elephant and the group of blind men, everyone will define the term from their point of view. It is often viewed as;
Any act of wickedness or sin. In everyday use, the word often carries overtones of immorality and wrongdoing. The links between morality and criminal law have been very strong.[16]
An unlawful act or default is an offense against the public and renders the person guilty of the act liable to legal punishment.[17]
The Latin word, crimen, from which ‘crime’ is derived, means an accusation, a tort,
or wrong was done by one individual against another.[18]
Crimes typically involve actions that affect the public in some way, as opposed to merely interfering with private rights. The State is the public’s defender of rights under modern law. The distinction between the laws governing civil and criminal procedures highlights the public aspect of a crime. Therefore, subject to certain restrictions, any citizen may file a criminal complaint, regardless of whether he has experienced a direct injury.
In practice, of course, a vast majority of prosecutions are carried on by the police or other public officers who have no personal interest in the outcome. The individual who starts a prosecution may not discontinue it at will for it is not only his concern but that of every citizen. The initiator of the prosecution has no power to pardon the offender. This right belongs to the State, which represents the public interest in the matter.[19]
Making crimes a public wrong is necessary so that the efficacy of a criminal’s ‘sense of capability’ can be recognized and dealt with by the appointed administrative appointees, such as the police and other law enforcement authorities. The use of the guilty party’s ‘sense of capability,’ which is otherwise extremely difficult to judge at an individual level or in isolation, can be easily identified by reviewing the record of available evidence related to the commission of crimes. Based on this, the state can take corrective action to reduce crime both generally throughout the dominion and in the impacted areas in particular.
[1] Hutchinson T. & Duncan. (2012). Defining and Describing What We Do; Doctrinal Legal Research. New Jersey. Deakin Law Review. Vol. 17 No. 1.
[2] Genesis 4: 1-7See also https://www.biblegateway.com/passage/?search=Genesis%204&version=NLV
[3] Isaiah 14:13-14; See also How, why, and when did Satan fall from heaven? Retrieved from https://www.gotquestions.org/Satan-fall.html
[4] Sellin, (1964). The MeasuTement of Delinquency. 7-8.
[5] Vernon Fox. (1976). Introduction to Criminology. New Jersey: Prentice-Hall Inc., 8-9.
[6] Ibid. 11.
[7] Bryan A Garner. (2007). Black’s Law Dictionary (8ed.) St Paul: West Group. 10.
[8] Anthropological criminology. Retrieved from https://en.m.wikipedia.org/wiki/Anthropological_criminology
[9] Vec Milos (September 2007). The mind on the stage of justice: the formation of criminal psychology in the 19th century and its interdisciplinary research. Retrieved from https://pubmed.ncbi.nlm.nih.gov/18173066/
[10] Section 2 Criminal Code of Nigeria
[11] C.M.V. Clarkson. (2001). Understanding Criminal Law (3ed.) London: Sweet & Maxwell. 9.
[12] Ignorantia juris non excusat
[13] A. S. Hornby. (1974) Oxford Advanced Learner’s Dictionary Oxford: Oxford University Press. 800.
[14] Romans 6:23; See also ‘For the wages of sin is death, but the gift of God is eternal life in Christ Jesus our Lord.’ Retrieved from https://biblehub.com/romans/6-23.htm
[15] Romans 3:23; for all have sinned, and come short of the glory of God Retrieved from https://www.bible.com/bible/1/ROM.3.23.KJV; See also 1 John 1:19; If we confess our sins, he is faithful and just to forgive us our sins, and to cleanse us from all unrighteousness Retrieved from https://www.kingjamesbibleonline.org/1-John-1-9/
[16] L. B. Curzon. (1997). Criminal Law (2ed.) Plymouth: M & E Handbooks. 7.
[17] Halsbury’s Laws of England. Retrieved from https://www.google.com/search?client=firefox-bd&q=Halsbury%E2%80%99s+Laws+of+England+definition+of+crime
[18] Vernon Fox (1976). Introduction to Criminology. New Jersey: Prentice-Hall Inc. 27.
[19] Imran A. K. Nyazee. (2002) General Principles of Criminal Law (2ed.) Rawalpindi, F L H, 2002. 15-16; See also Ikomi v. State 1986 3 NCR, ALR 341; Okoli v. State 1992 6 NWLR Pt. 247 381; Abacha v. State 2002 100 LRCN 1588.
by Legalnaija | Sep 21, 2023 | Uncategorized
Amanda Nneoma Uzoagba
Amanda Nneoma Uzoagba is an Entertainment Lawyer, Award-Winning Author, Film, TV & Music Business Executive/Consultant, Public Speaker, Legal Educator and Podcaster (Founder of ‘Dear Creator Podcast’ and the co-host of Legal Avenue Podcast with Lola OJ & Mandy). She holds a degree in law (LL.B) from the University of Nigeria Nsukka (UNN) and was called to bar in 2017. She is currently a Senior Legal Executive at EbonyLife Group, which is a prominent player in the African entertainment industry. Amanda has facilitated many events, conferences, and webinars targeted at educating and enlightening entertainers, entrepreneurs and creatives, on the protection of their intellectual property rights, and creative works.
She has more than eight years of experience in the Entertainment Industry, starting out as a blogger and PR consultant for Record Labels before she was called to the Nigerian Bar. As a Film, TV and Music Business Executive, she has worked on more than six big budget productions exhibited in theatres and on international streaming platforms. She has worked on a variety of co-production, development and production deals with international studios such as Netflix, Sony, BBC, Westbrook, AMC, Amazon Prime etc. Within the music industry, she has represented artists (big and underground artists), music producers, songwriters and record labels through record label deals, publishing and distribution deals as well as helping them navigate the complex legal landscape of the music business.
In 2019, Amanda launched her consultancy firm called Goldwhisk Consult, a boutique consulting firm which focuses on the Entertainment and Creative Business providing a range of services related to the legal and business aspects of the entertainment industry. Her diverse background and extensive experience makes her a prominent figure in the intersection of law and the entertainment industry in Nigeria and across the world. She not only provides legal counsel but also actively contributes to the education and development of professionals in this field through her coaching network tagged #LegalCoachingbyMandy for Law Students and Young Lawyers.
Rita Anwiri Chindah
Rita Anwiri Chindah (@esmeraldoesq) is a lecturer at the Rivers State University. An intellectual property consultant for IGA Nigeria Limited who is the Heritage Consultant for the Lagos State Government where she provides legal advice on how to commercialise and monetize the culture, tourism, and heritage of Lagos State by exploring the intangible asset the state has.
She holds a master’s degree in intellectual property and Information Technology from the University of Derby, United Kingdom. The podcast host of #IPSERIES which features conversations on recent intellectual property cases and development globally & has 113 episodes published with 21 blog post editions on Substack.
Part of the team that drafted the Rivers State ICT Policy, a 3 time Judge for the Adavize Alao Essay Competition on Privacy Data Protection in 2019, 2020 & 2021. A member of the “Technical Working Group ” drafting the Geographical Indication Law for Nigeria in collaboration with African Intellectual Property Rights & Innovation in Africa (AfrPi) & Africa International Trade and Commerce Research (AITCR) sponsored by the EU. As Chief Convener of the Intellectual Property Society of Nigeria (IPSN) my team and I have organized two virtual conferences which took place every last Friday in October and celebrated one World Intellectual Property Day.
A member of the Chartered Institute of Arbitrators (CIARB) Young Members Group (YMG) Global Steering Committee. Current PRO of the Chartered Institute of Arbitrators Port Harcourt Chapter, Pro-Term Secretary Young Members Group of Chartered Institute of Arbitrators Port Harcourt Chapter. A legal adviser for the Rivers State Musician Guild and she has spoken at various intellectual property events both physically and virtually Charter President Rotary Club of Port Harcourt, Greenbelt.
Akinyemi Ayinoluwa
Akinyemi Ayinoluwa (akinyemilaw) is a Partner and Co-founder at HighTower Solicitors and Advocates. His music law practice focuses on the representation of recording artists, songwriters, record producers, record labels, investors in music, and talent managers. He is often recommended as a lawyer who breathes, drinks and eats music. Akinyemi’s past legal experience includes: Associate at Wemimo Ogunde & Co and Awokoya & Co. Prior to qualifying as a lawyer, he was a songwriter, recording artist, composer and performer; he was the lead singer of the defunct 100 degrees boy band.
He has authored numerous articles in the field of music law, estate planning, commercial transactions, and regularly gets invited to deliver speeches and courses about these subjects. On a small number of clients, Akinyemi functions as a business manager, as well as the lawyer. In recent years, Akinyemi has built up a formidable roster of hit making producer clients from Afrobeats: Magicsticks, NIPHKEYS, Andre Vibes, Kukbeatz, Masterkraft, Blaq Jerzee, ID Cabasa, Northboi, Rexxie, Jaypizzle, RunCheck, Larry Lanes, Tuzi, and many others.
Akinyemi Ayinoluwa prides himself in helping clients understand the value of their intellectual property rights and to be mindful of the exploitation that is rampant in the industry. Akinyemi’s zeal and passion for education has also caused him to design educational resources for recording artists, record producers and beatmakers.
Beverley A Agbakoba
Beverley A Agbakoba-Onyejianya @maxxyb is currently a Partner, and Head of the Sports, Entertainment and Tech practice at Olisa Agbakoba Legal. She is also a regulatory and compliance professional. Beverly is called to the Nigerian and UK bar, she also sits on the panel of neutrals at the Lagos Multi Door Court and the Lagos Court of Arbitration.
She has over 19 years professional experience in the banking and capital markets sectors in the United Kingdom and Nigeria. Her broad experience in the regulatory and compliance industry covers investment banking, brokerage and fund management sectors and has seen her hold various leadership roles in regulatory and compliance sector. She is a member of the Nigerian Economic Summit Group (NESG) Sports thematic Industry group on Alternative Dispute Resolution and Youth Policy Development.
She is also a member of the Lagos Divisional Football Association and a Mediator -Football Tribunal at Fédération Internationale de Football Association (FIFA). Beverley is recognised as a thought leader in sports law and has co – authored, authored and published numerous articles and materials on sports law, entertainment law, corporate governance including the A to Z of Sports Law in Nigeria.
Beverley is the founder of Lagos Tigers Football Club – a youth academy and is passionate about youth sports development. She is regularly invited to speak at international and national conferences on sports governance, intellectual property, regulatory and compliance, and personal development. Beverly is a member of faculty at the Entertainment Law Mastery class scheduled for the 28th and 29th of September,2023.
Olayemi Oladapo
Olayemi Oladapo is a Nigerian music executive and lawyer based in the UK. He currently serves as the International Partner Manager for Middle East & Africa at PRS for Music, the UK’s Collective Management Organisation. In this capacity, he oversees the company’s partners located in the Middle East and African regions.
Previously, Olayemi managed legal and licensing operations for Mavin Records for 2 years before being promoted to the role of Publishing & Licensing Manager. During his tenure, he played a key role in establishing the label’s Music Publishing division over the following two years.
Following that, he a launched a boutique law practice for creatives called Uxbridge LP where he represented artists and producers on deals with major labels and publishers. Olayemi boasts extensive experience working with licensing and publishing partners globally, successfully negotiating and finalizing numerous sync and other licensing deals. Additionally, he co-founded Second Summer, a talent management company.
Charles Ajiboye
A result oriented lawyer, author, speaker, chartered mediator and chartered conciliator. A Fellow of the Institute of Chartered Mediators and Conciliators(ICMC), a Fellow of the Chartered Institute of Auctioneers, an Associate of the Institute of Chartered Secretaries and Administrators of Nigeria(ICSAN), and an Advisor at the Institute for productivity and Business Innovation Management(IPBIM). He is a Chartered Secretary and a Certified Board Evaluator.
Charles is extremely creative and innovative. He is an artist and an art collector and has had both a solo and collaborative art exhibition to showcase his works. He represents several creatives across several emerging industry. He has provided Digital Legal Services and worked with several Tech. Companies, Fin. Techs and Start-ups with a cumulative investor funding in excess of USD50million, including Cars45, Dealdey, Stutern, CarsBazr e.t.c. He has served on several boards of companies including the Manufacturers Resource Centre Limited owned by Manufacturers Association of Nigeria which has over 2,500 Nigerian manufacturing companies as members among others.
He is Executive Partner, The Penthouse Law; Founder, IC-CUBE Nigeria; Chairman; Penthouse Gardens Ltd. and CA Collections and the National Assistant Publicity Secretary of the Nigerian Bar Association.
His awards include ESQ Rising Star Award, for 40 under 40 changing the face of law in Africa, Business day fastest growing Law firm of 2019 Award, Trek Africa Lawyer of the Year Award, STN Best Brain of the year award, All Times Transcendant Leadership Award, Most technology driven law firm of 2019 Award and Young Entrepreneur of the year award by Ideation Hub Africa.
He has been featured by various electronic and print media such as Channels TV, TV Continental, Galaxy TV, African Independent TV, Lagos TV, Thisday, Punch, The Sun and The Nation Newspapers and City People magazine and several online platforms as one of the leading lights in youth advocacy and silent change agents in Nigeria. He serves as Patron of several Youth Organizations and he is a Knight of St. Mulumba (KSM) in the Catholic Church
He is the Convener of the nearly 1,000 lawyer-members, Law As A Business Community, National Chess Tournament for Lawyers, and the IC-CUBE National Start-Up Conference. In the 4years the conference held, it gathered over 3,000 youths and sustained the partnership of global brands.
Charles is a fitness enthusiast and a Member of Ikoyi Club 1938 where he swims or play golf in his spare time. He is married with children.
by Legalnaija | Sep 18, 2023 | Uncategorized
Corporate Commercial law governs the way things are done in relation to Companies and the exchange of goods and services.
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