Order Now: International Arbitration Law And Practice: The Practitioners Perspective

Order Now: International Arbitration Law And Practice: The Practitioners Perspective

Title: International Arbitration Law And Practice: The Practitioner’s Perspective

Editor: Tolu Aderemi

About

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.

Cost: N10,000 

Order Link: https://legalnaija.com/product/international-arbitration-law-and-practice-the-practitioners-perspective/

 

Order Now: Casebook On Data Protection By Olumide Babalola

Order Now: Casebook On Data Protection By Olumide Babalola

Title: Casebook On Data Protection

Author: Olumide Babalola

About

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.

Cost: N20,000

Order Link: https://legalnaija.com/product/metamorphosis-tales-by-a-lawyer-girl/

 

 

#NBASpidel2021: Special Invitation To Participate At The NBA Section On Public Interest And Development Law Annual Conference 

#NBASpidel2021: Special Invitation To Participate At The NBA Section On Public Interest And Development Law Annual Conference 

*NBA SECTION ON PUBLIC INTEREST AND DEVELOPMENT LAW ANNUAL CONFERENCE: INVITATION TO PARTICIPATE

Dear Colleagues,

You are specially invited to participate in the Annual Conference of the Section on Public Interest and Development Law of the Nigerian Bar Association (NBA-SPIDEL), which will take place from the 23rd -26th May 2021 at the Jogor Event Centre  Ibadan, Oyo State. The theme of the conference is *”The Role of Public Interest in Governance in Nigeria.”*

Kindly register through this link http://nbaspidel.ng/nba-spidel-conference/.

Also, attached is a copy of the letter from the Chairman of the SPIDEL Conference Planning Committee – M. O Ubani Esq., detailing amongst other information, the various sub-topics for discourse, array of speakers, list of topclass hotels at discounted rates, membership information etc.

Be assured that the topics of discourse, array of speakers, serene environment will make this year’s NBA-SPIDEL conference a memorable one.

*Dr. Rapulu Nduka*
Publicity Secretary,
Nigerian Bar Association

Intellectual Property And Sports; Importance, Landmarks And Current Trends

Intellectual Property And Sports; Importance, Landmarks And Current Trends

The world of sport has fast become a billion-dollar entity, morphing from a mere recreational activity to a financial and economic haven. In its own right, sporting activities account for over 3.7% of the aggregate GNP of the twenty-eight EU states. It is also responsible for over 3% of world trade. It employs fifteen million people in the EU, which is about 5.4% of the entire European labor force. In December 2020, NBA superstar Giannis Antetokounmpo agreed to sign a five-year contract extension with the Milwaukee Bucks worth $228.2 million, in what is the largest deal in NBA history today[1]. Barcelona FC conceded in January 2021 that Lionel Messi indeed earned $167 million a year on a 4-year contract he signed in 2017[2].

Evidently, sport is now bigger than it has ever been, in terms of its lucrativeness and the human resource it employs. It is only natural that in an industry with so much money and people, there would exist a barrage of laws. Although there is no defined and distinct ‘sports law’, it is governed by the basic principles found in our civil and criminal laws.

Arbitration is the primary dispute resolution mechanism employed in sport, with the Court of Arbitration for Sports (CAS) the apex Court for this purpose. The CAS recently overturned the UEFA’s club financial control body (CFCB) decision banning Manchester City FC based on allegations that the club is involved in serious breaches of financial fair play regulations.  Recent trends in sports have shown that intellectually property is increasingly regarded as a major source of value and revenue and is thereby heavily guarded. This article focuses on these intellectual property considerations in sports law.

 

IMPORTANCE

Intellectual Property Rights herein referred to as ‘IPRs” play a massive role in the world of sports, especially in terms of copyright and trademarks. This is because they enable the protection of rights and in this regard, sports branding and marketing, which in turn boosts the successful commercialization of Sports events; major sport events like the Olympic games, the FIFA World Cup, WrestleMania among others are built around IPRs.

One could argue that without the IPRs, these events would not hold. Simply because, nobody wants to pay a ton of money to sponsor sports teams, athletes or events, and not have rights to safeguard such investments. IPRs is the recognized law which breeds confidence in investors or sponsors to part with money and invest in sports because they know such rights, will be legally exploitable and also enforceable in cases of breach. IPRs are not only of importance to sponsors but also to athletes, organizations and personalities.

In marketing sports events, IPRs are important for the aforementioned reasons. The issues with marketing sports events in most common law jurisdictions is the fact that a sporting event as a whole cannot be protected, “A spectacle cannot be owned in any ordinary sense of that word.”[3]  This means that a sporting event is legally not a property that can be protected on its own rights. What happens therefore in practice is, potential marketers and investors in sporting events would have to focus on properties within the event which can be legally protected.

This element further raises the level of importance attached to trademarks and copyright. Special note should be taken on the importance of registered ‘domain names’ for sports bodies who use this domain names to promote, market and commercialize sporting events, organizations and personalities. In practice, these domain names serve as quasi trademarks and most times, it gives corporate identity with commercial and cultural goodwill[4].

 

LEGAL PERSONALITY AND GOODWILL

Goodwill generally is an intangible asset in relation to the acquisition of a company or business by another. Goodwill is an essential asset of any enterprise because the core essence of its existence is embedded into it. The spectators and supporters of a sports organization or federation are to a great extent its customers, as their passion for their favorite sports team/event makes them follow with unquestionable enthusiasm. Asides the proprietary interest in goodwill, there are also personality interests. Personality rights are not limited to natural persons, as juristic persons like companies also have personality rights like reputation and identity.

Goodwill as well as reputation is intricately related to identity. Identity entails a wide range of things including specific products of an enterprise and the pattern in which it is packaged. In relation to sports federation as an enterprise, the “product” is the sports events and its identity is echoed in the tournaments, events or matches which uniquely differentiates it from other sports federations or bodies.

For instance, when one thinks of the International Federation of Association Football (FIFA)World Cup, it automatically gives you an image of the FIFA world cup trophy (18carat gold with bands of malachite on its base)[5], the blue FIFA flag with the organization logo in the middle, the FIFA anthem, the grand opening of the ceremony, the idea of it being a football game amongst the member countries, the recognitions and awards, and so on. These are essential characteristics of the identity of FIFA, and same can be said for other sports federations and tournaments they represent. It is these identifications that make it easy for a football fan to differentiate a premier league game from the German Bundes liga.

The identity right of FIFA in the above is breached where another person uses these distinct features which are primarily attributable to the Association for commercial gains without authorization. The core element of this breach is that the use was for a commercial purpose which is solely aimed at promoting a product or service to attract customers. The unlawfulness in this case is mainly vested in the violation of the right to freedom of association and the commercial exploitation of the individual or company.[6]

PROTECTION

Sporting International organizations in most cases explore various avenues to protect their IPRs. For example, the Olympic Charter in Article 7[7] contains provisions which provide strict safeguard for these IPRs. It provides among others that, “The International Organizing Committee (IOC) is the owner of all rights in the Olympic Games and Olympic properties described in this Rule, which rights have the potential to generate revenues for such purposes.

It is in the best interests of the Olympic Movement and its constituents which benefit from such revenues that all such rights and Olympic properties be afforded the greatest possible protection by all concerned and that the use thereof be approved by the IOC”.  This point is further buttressed by paragraph 2 of Article 7 of the same Olympic Charter, which provided that “The Olympic Games are the exclusive property of the IOC which owns all rights and data relating thereto, in particular, and without limitation, all rights relating to their organization, exploitation, broadcasting, recording, representation, reproduction, access and dissemination in any form and by any means or mechanism whatsoever, whether now existing or developed in the future”[8]

This provisions show that the IOC have taken necessary steps to protect their brand. This protection goes beyond protecting the basic ‘properties’, but also the cultural goodwill and the commercial viability of the organization. In practice, along with the Olympic Charter, the IOC would need to have legislations passed by host cities to prevent ambush marketing. Host cities are also obligated to implement ‘brand protection programs’[9].

An instructive case study for this is the series of Intellectual Property cases that both FIFA and the Local Organizing Committee (LOC) of the 2010 FIFA World Cup had to battle against in South Africa, a decade ago. About 450 cases where filed against said offenders of these IPRs[10]. FIFA and the LOC’s campaign for protection of IPRs is probably one of the biggest in Sports history, as an extensive list of trademark registrations was released which demonstrated the paramount importance Sports organizations place on protecting their brands in terms of organization, staging and commercialization.

On the issue of FIFA and World Cups, in preparation for the 2014 World Cup, FIFA had 13,000 trademarks registered worldwide, 1160 of them registered for the World Cup and 400 occurred after the passage of the World Cup Law in Brazil, which was a law passed to prevent this ambush marketing[11]. This protection goes beyond, sports organizations or committee, and includes franchises who can file trademark applications for team names, logos and mascots.

Individual athletes also feel the need to create their own brands, gain endorsements and gain financially from trademarking names, initials, catch phrases or celebrations. In football and basketball, these are known as ‘image rights’, which allows a player employed with an organization to also gain value from the use of their images that is unconnected to their employer’s brand.

 

LANDMARK CASES OF TRADEMARK IN SPORTS

 

BARCELONA FC TRADEMARK CASE

In April 2013, Barcelona Football club (Barcelona) applied for the registration as a community (EU) Trade Mark of the silhouette of its crest in relation to a range of goods such as paper goods, stationery, clothing, footwear, headgear and even some sports activities. The Office for Harmonization in International Markets (OHIM) now known as the European Union Intellectual Property Office (EUIPO), which is the body responsible for the registration of community trademarks, rejected the application on the grounds that the mark lacked distinctiveness, and therefore did not meet the basic requirement for registration. Barcelona appealed until it got to the EU General Court, where they also dismissed the appeal and ruled that:

  • The crest silhouette is not capable of attracting the attention of consumers as a sign indicating the origin of the goods/services carrying that mark.
  • The silhouette of a crest does not differentiate itself much from the basic shapes generally used in various commercial sectors as a decorative element.
  • Therefore, the crest silhouette does not possess the inherent distinctive character[12]

 

WASHINGTON REDSKINS TRADEMARK CASE

There has been a legal fight which has persisted for about twenty years over the use of the Redskins team name by the Washington Redskins American Football club. The court in a ruling ordered the United States Federal Trademark and Patent Office to cancel several trademark registrations held by the club in respect of this name, on the ground that the name ‘Redskins’ may be reproachful to Native Americans, who have objected to the name for decades, while also citing dictionary entries stating that the name is considered to be offensive.

However, the present ruling does not prevent the club from using the name although the legal implication is that the name would no longer enjoy the full legal protection attributable to a federally registered trademark.

 

INTELLECTUAL PROPERTY RIGHTS IN THE NIGERIA SPORTS SECTOR

Speaking particularly about the branches of Intellectual Property in Nigeria, we shall begin the discussion with Patents. Patents can be defined as the legal rights vested on inventors of new and useful products and processes, the right to exclude all others from commercially exploiting the invention. It is a right that rewards, ingenuity of thought. It ensures the author of the invention is afforded legal recognition and protection.

Once a patent has been registered in Nigeria and indeed around the world, it prevents those not afforded the rights from exploiting the use of that invention for commercial purposes. Patent protects the authors time, effort and resources used in producing a new invention. The author or patentee then holds the patent to such invention for the next twenty years (Section 7(2) of the Patents and Designs Act)[13]

In Nigeria today, the Sports industry, is still lacking behind the rest of the world in terms of industrialization and technological development. Instead we continue to reap the reward of the invention of others. One can confidently speak on and say that patent is the least utilized IPR in Nigeria. It is also key to state that, Sports people and inventors should not be deterred from being creative. The resources or platform may not be there, but one can never truly know, when his invention is the next best thing.

Copyright is another branch of IPR that seems to not exist in the Nigeria Sports industry. This branch of IPR is not only infringed on, but one might argue it is abused in Nigeria. This is because local markets are field with all sorts of fake jersey’s, scarfs, cups, slippers, boots etc. Essentially copyright is a right which protects the expression of an idea in a definite form and gives rights to the creator or owner the right to sell, produce, reproduce that expression of idea for their commercial benefits. This could be by themselves or another via through a testamentary deposition or grant of license.

The areas of sports where copyright abounds are the merchandise, Television and media rights literature contained in match day programs sold to fans, ticket sales, the software of computer and online games. In Nigeria most of the aforementioned being copied without permission. This also seems to discourage creativity as inventors do not see the means to commercialize their ideas, the protection afforded to them or the penalties for infringement are not stiff enough to encourage inventors.

Another branch of IPRs are Trademark. This along with copyrights are the most popular IPRS. Trademarks has its rights embedded in the very things we see everywhere when it comes to Sports. From logos, team names, league names, sporting goods, broadcasting and apparel. It is essentially anything that gives a brand an identity, such as symbols, crests, logos, catch phrases or anything that distinguishes the products (goods/services) of one business to another.

Trademarks are important as they allow supporters recognize easily the brand they are associated with. Naturally, trademarking would lead to good commercial output. For example, seeing the Nike tick or Puma jaguar would tell one that such product is that of Nike or Puma and they guarantee quality. Various forms of trademarking exist which include registering of nicknames by sports celebrities, catch-phrases, mascots.

It is clear that in Nigeria we are behind most of the world in Intellectual Property rights. The need to develop commercially potent brands that would compete transnationally, is at an all-time high. A major issue with the lack of protection or platform for inventors to develop in Nigeria is the fact that, Nigerian Sport is generally managed and controlled by the government. With that, it is difficult to allow businesses in the industry genuinely grow. At the end of the day, no one wants his/her efforts to be wasted without gains, and this extends to possible investors and stakeholders in the sport industry

The U.S Chamber International IP Index 2021[14], Nigeria ranks 47 of 50 countries in the assessment of economies whose intellectual property systems provide a reliable basis for investment in the innovation and creativity lifecycle[15]. This is a damning report, because it proves most of the aforementioned faults of the legal framework for IPRs in Nigeria. It is a challenging environment for the prosperity of goods and involves a high right of physical counterfeiting and online piracy remains high and public awareness of the value of IP remains low.

Just like in most Common Law jurisdictions, in Nigeria there are statutory protection for regular trademark, and the doctrine of passing off is also applicable. Laws and regulations established for the protection and administration of intellectual property rights include: the Copyright Act[16] , the Patents and Designs Act[17], the Trademarks Act[18], and so on.

The courts have not interpreted the provisions of the Nigerian Trademark Act to include marks from the sporting industry, and this may be likened to the fact that the sports jurisprudence in Nigeria is not as developed as it is in other jurisdictions like Europe and the United States of America. Nevertheless, it merely provides enough general covers that sport brands can explore in order to fully relish the benefits attached to IPRs for stakeholders. In the Nigerian sporting sector, the provisions of the Trademark Act and the Common Law doctrine of passing off must be fully utilized, as they are still vastly underutilized.

It is highly recommended that organizers of sports events should always protect their event marks by adopting the provisions of the Trademark Act which is similar to the provisions of the UK Trademark Act.[19]It is also suggested that every state with a sporting presence should enact a Law that would provide a mirrored protection available in the Federal Act enacted by the National Assembly.

For instance, the Nigerian Premier Football League (NPFL) can have an Act titled ‘The Nigerian Premier League Event Mark and Related Rights Act’ to be adopted by the various state governments. This would serve as the principal protection for all the marks associated with the NPFL throughout the Federation while the Trademark Act serves as secondary or ancillary protection for the football league.[20]

The importance of a proper shield of sports events marks in Nigeria cannot be overemphasized, as it would allow owners to exclusively exploit their marks for economic and financial gains. This can serve as a booster to the confidence of prospective sponsors and business partners, as it gives a sense of security for their investments.

 

 

CONCLUSION

With the rising enthusiasm and passion of individuals in the sporting sector, it will be highly disappointing if the full potentials of intellectual property rights in sports activities are not utilized to the maximum. In a bid to achieve this and protect the rights of stakeholders in this sector, it becomes pertinent that professional sport clubs and sport event organizers within Nigeria maintain the global standard.

In addition, the Legislative and Judicial bodies in Nigeria, are advised to amend and adjust our laws to toe the line of international sporting communities while considering our local circumstances, as the legislature governing intellectual property and by extension sports, are somewhat anachronistic.

The judiciary also, do not provide a hasty and less adversarial means of dispute resolution mechanism, hence, more people involved in sports should seek resources in arbitration, and make more use of avenues like the Lagos Court of Arbitration. All these measures would be to the national benefit as the economic and cultural benefits of hosting sporting events in a city or a country are always astronomical.

 

BIBLIOGRAPHY

STATUTES

Cap C28, Laws of the Federation, 2004

Cap P2, Laws of the Federation, 2004

Cap T13, Laws of the Federation, 2004

  1. 1 (1) of the UK Trademark Act, 1994

Article 7 of the Olympic Charter

Article 7, Paragraph 2 Olympic Charter

 

CASES

General Court of the European Union Press Release No 144/15, Luxembourg, 10 December 2015, Judgment in Fútbol Club Barcelona v OHIM, Case T-615/14.

Victoria Park Racing and Recreation Grounds Co Ltd v Taylor [1937] 58 CLR 479

Wells v Atoll Media (Pty) Ltd [2010] 4 All SA 548 (WCC).

 

ONLINE SOUCRES

Allen Kim (2020) Giannis Antetokounmpo signs largest deal in NBA history with Milwaukee Bucks https://edition.cnn.com/2020/12/15/us/giannis-antetokounmpo-contract-spt-trnd/index.html

Blackshaw I.S. (2017) IP and Sport. In: International Sports Law: An Introductory Guide. Short Studies in International Law. T.M.C. Asser Press, The Hague. https://doi-org.gcu.idm.oclc.org/10.1007/978-94-6265-198-2_5

FIFA.com https://www.fifa.com/who-we-are/news/the-fifa-world-cuptm-trophy-517161 Accessed 4th Jan 2021

George Ramsey (2021) Barcelona denies responsibility for leak after report reveals Lionel Messi’s record $672 million contract https://edition.cnn.com/2021/02/01/football/lionel-messi-barcelona-contract-spt-intl/index.html

 

BOOKS

Owen Dean “Sport as a Brand and its Legal Protection in South Africa”, ‘Global Sports Law and Taxation Reports’, March 2012 pp 41

Ugochukwu Johnson Amadi (2017); Intellectual Property Rights in Sports: African Sports Law and Business Bulletin

[1] George Ramsey (2021) Barcelona denies responsibility for leak after report reveals Lionel Messi’s record $672 million contract https://edition.cnn.com/2021/02/01/football/lionel-messi-barcelona-contract-spt-intl/index.html

[2] Blackshaw I.S. (2017) IP and Sport. In: International Sports Law: An Introductory Guide. Short Studies in International Law. T.M.C. Asser Press, The Hague. https://doi-org.gcu.idm.oclc.org/10.1007/978-94-6265-198-2_5

[3] Victoria Park Racing and Recreation Grounds Co Ltd v Taylor [1937] 58 CLR 479

[4] Blackshaw I.S. (2017) IP and Sport. In: International Sports Law: An Introductory Guide. Short Studies in International Law. T.M.C. Asser Press, The Hague. https://doi-org.gcu.idm.oclc.org/10.1007/978-94-6265-198-2_5

[5] FIFA.com https://www.fifa.com/who-we-are/news/the-fifa-world-cuptm-trophy-517161 Accessed 4th Jan 2021

[6] Wells v Atoll Media (Pty) Ltd [2010] 4 All SA 548 (WCC).

[7] Article 7 of the Olympic Charter

[8] Paragraph 2, Article 7 Olympic Charter

[9] Blackshaw I.S. (2017) IP and Sport. In: International Sports Law: An Introductory Guide. Short Studies in International Law. T.M.C. Asser Press, The Hague. https://doi-org.gcu.idm.oclc.org/10.1007/978-94-6265-198-2_5

[10] Owen Dean “Sport as a Brand and its Legal Protection in South Africa”, ‘Global Sports Law

and Taxation Reports’, March 2012

[11] Ibid 11

 

[12] See General Court of the European Union Press Release No 144/15, Luxembourg, 10 December

2015, Judgment in Fútbol Club Barcelona v OHIM, Case T-615/14.

[13]

[14] Global Investment Journal: U.S Chamber International IP Index https://www.theglobalipcenter.com/report/ipindex2021/

[15] Supra n14

[16] Cap C28, Laws of the Federation, 2004

[17] Cap P2, Laws of the Federation, 2004

[18] Cap T13, Laws of the Federation, 2004

[19]  See S. 1 (1) of the UK Trademark Act, 1994

[20] Ugochukwu Johnson Amadi (2017); Intellectual Property Rights in Sports: African Sports Law and Business Bulletin

 

Written by: TUALE CHARLES AJUYAH and NNADI, EZINNE TOCHUKWU

Tuale and Ezinne are Associate at Omaplex Law Firm.

Tuale, is a sports and entertainment lawyer who represents a wide variety of Nigerian and international clients including television broadcasters, Sport and Entertainment personalities, media companies, sports governing bodies, global brands and buddings musicians.

While Ezinne is a member of the Firm’s Dispute Resolution Team with a focus on intricate Civil Litigation. She has an outstanding experience in contract and business disputes. She has represented major debtors and creditors in high-profile Debt Recovery proceedings.

The #NBASPIDEL2021 Is A Huge Opportunity For Exhibitionists

The #NBASPIDEL2021 Is A Huge Opportunity For Exhibitionists

The Central Planning Committee (CPC) for the eagerly awaited Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) Annual Conference has invited exhibitors to add more value to the conference by providing services to conferees.

A statement today by the Media & Publicity Sub-committee said: “We therefore write to invite you to showcase your Company during the conference through exhibition and screen adverts on montage during the conference which will garner over 2,000 participants.” (more…)

Order Your Law Books On Legalnaija

Order Your Law Books On Legalnaija

You can now order law books and resources on the Legalnaija website.

Some of these books include;

International Arbitration Law & Practice: The Practitioners Perspective, edited by Tolu Aderemi of the firm Perchstone & Graeys https://t.co/D5lxlqe1uR

Social Media For Lawyers by Adedunmade Onibokun https://t.co/CM9tabT4AX

Legal Rights And Obligations Under Nigerian Laws Ebook https://t.co/mWdxjN5Vhr

For enquiries and book placement opportunities for Authors & publishers, kindly send a mail to hello@legalnaija.com

#NBASPIDEL2021: CJN, Governors Makinde, Akeredolu SAN, And Other Special Guests Confirm Attendance

Dear Branch Chairman

It is my pleasure to, on behalf of the NBA Section on Public Interest  and Development Law (NBA-SPIDEL), write you and solicit your participation, that of your fellow executives and members of your esteemed Branch  in the forthcoming SPIDEL Annual Conference taking place in Ibadan between 23rd and 26th May, 2021.

The theme of the Conference is “The Role of Public Interest in Governance in Nigeria.” Some of the sub-themes are as follows: The Imperatives of Public Interest in Governance in Nigeria; Internal Security: A Prerequisite for National Development; Legality and Efficacy of Public Inquiry Panels by State Governments; Legality and Efficacy of Regional Vigilantes; When the State Truly Defends: assessing the role of the Office the Public Defender  Lagos State; Anti-Corruption Model: Assets Declaration and Public Access; Showcase Session for NBA: Public Interest Litigation Committee – Broadening the strategy for NBA’s Intervention in Public Interest Lawyering, and some many others.

The Speakers that have confirmed their attendance and participation include: The Chief Justice of Nigeria, Hon Justice Tanko Muhammad; His Excellency, Engr. Seyi Makinde, Governor of Oyo State; Governor of Ondo State, Rotimi Akeredolu SAN;
Professor Pat Utomi; Professor Festus Emeri SAN; ICPC Chairman, Professor Bolaji Owasanoye SAN; Oyo State Attorney General, Prof. Oyelowo Oyewo SAN; Prof. Chidi Odinkalu;  Ogun State  Attorney General, Mr. Gbolahan Adeniran; NBA Board of Trustees Chairman, Dr.  Olisa Agbakoba SAN; Mr. Austin Alegeh SAN;  Mr. Paul Usoro SAN; Dr. Babatunde Ajibade SAN; Chief Bolaji Ayorinde SAN; Mr. Kemi Pinheiro SAN; Mr. Lawal Pedro SAN; Mr  Muiz Banire SAN, Mr  J.S. Okukpeta SAN, Mr  Afam Osigwe SAN, AG of Lagos State, Mr Seun Abimbola SAN, Ms Hafsat Abiola,  leading human rights lawyers such as Mr. Femi Falana SAN; Chief Mike Ozekhome SAN; Mr. Jiti Ogunye, and Mr. Ebun Adegboruwa SAN. Others are Aisha Yesufu, Liborous Oshoma, Anthony Ojukwu (Executive Secretary, National Human Rights Commission), and Mr. Opunabo Inko-Fariah. The Legislature is also well represented as follows: Senator Enyinnaya Abaribe, Senator Ike Ekweremadu, Senator Dino Melaye, Rt. Hon. Adebo Ogundoyin (Oyo State House of Assembly Speaker) and his Lagos counterpart, Rt. Hon. Mudasiru Obasa.

Other invited Speakers are Nigeria’s Vice President, Mr. Yemi Osinbajo SAN; Hon Justice Eko Ejembi of the Supreme Court of Nigeria, Speaker of HOR, Mr Femi Gbajabiamila, President of the Senate, Senator  Ahmed Lawan  Bauchi State Governor, Dr. Bala Mohammed; Ebonyi State Governor, Engr. Dave Umahi; Senator Ibrahim Shekarau and Senator Shehu Sani. The Chief Host is the NBA President, Mr. Olumide Akpata while NBA-SPIDEL Chairman, Prof. Paul Ananaba SAN is the Host.

We have just come back from Ibadan. The ancient city is already wearing a new and beautiful look as a result of the tremendous effort being put by the current administration to deliver the dividends of democracy to the people. Therefore, we are poised to have a beautiful conference in an atmosphere of peace and tranquility. In fact, Governor Makinde has been emphatic in assuring delegates thus: “We will ensure that you have a very good experience.” The Conference venue is the popular Jogor Event Centre which can sit over 3000 guests at once. We will ensure adequate social distancing in strict compliance with Covid-19 protocols.  We have also secured top class hotels in the city for our delegates. For those in love with amala, gbegiri, ewedu, ogufe and orisirisi (variety) meats, be rest assured that arrangements are on top gear to satisfy your appetite.

<span;>The Governor of Oyo State, His Excellency Seyi Makinde has also agreed to declare open the conference on 24th May, 2021.  To register, please click on this link http://nbaspidel.ng/nba-spidel-conference/.

<span;>To make your stay enjoyable and comfortable in Ibadan, we are partnering with NACO LOGISTICS (08069206814) to facilitate lodging arrangements for delegates. Members and conferees are encouraged to make early hotel reservations. Our partner hotels are as follows:

<span;>1. Kakanfo Inn and Conference Center
<span;>Address: 1 Nihinlola street, off Ring Road, Ibadan.
<span;>Regular room: 35,300
<span;>Signature-48,900
<span;>Suite: 53,000
<span;>Flat rate: 20,000 with breakfast (more than 50% discount)
<span;>No of rooms: 80

<span;>2. Mahogany Hotel and Suite
<span;>Address: 4 Remi Alabi street, by all saints church, Jericho Ibadan
<span;>Deluxe Room: 36,000
<span;>Royal Room: 55,000
<span;>Flat rate: N33,000 with  buffet breakfast (40% discount)
<span;>No of rooms: 30

<span;>3. Queen’sway Resort
<span;>Address: 21 Adekoyejo Avenue, Iyaganku GRA, Ibadan.
<span;>Queens Executive: 12,000
<span;>Queens platinum: 16,500
<span;>Queens palace: 18,000
<span;>Queens Blue: 20,000
<span;>*Flat rate: 13,000.* With break fast
<span;>*12,000* without breakfast
<span;>*No of rooms*: 30

<span;>4. Grand Serene Hotel
<span;>Address: Iyaganku, off Ring road Ibadan
<span;>Executive Room: 14,000
<span;>Superior Room: 15,500
<span;>Deluxe suite:20,000
<span;>*Flat Rate: 13,000*(30% discount)
<span;> *No of rooms*: 30

<span;>5. Fawzy Hotel
<span;>Block 7 Adewumi layout, off Akinyemi way, Ring road, ibadan
<span;>Deluxe Room:27,500
<span;> *Discounted Rate: 22,000* with breakfast (20% discount)
<span;>*No of rooms:* 15

<span;>6. Bayse Hotel one place
<span;>Address: plot 14/16 Akinola Maja street opp 3sc/shooting stars FC office, Jericho
<span;>Executive Room: 18,000
<span;>Super Deluxe: 25,000
<span;>*Flat rate*:15,000 without breakfast(25% )
<span;>*No of rooms*: 20

<span;>(7) Joybam Hotel
<span;> Address: off ring road, Osasami Behind liberty stadium complex, Oke Ado Ibadan
<span;>Super royal: 10,000
<span;> *Discounted rate* 9,000 without breakfast
<span;>Executive: 14,000
<span;>*No of rooms: 26*

<span;> (8) Academy Suite
<span;>Address: Osasami Road, near Ibadan Central Hospital
<span;>Standard Deluxe Room: 14,000
<span;>Super deluxe Room

<span;> *Flat rate: 12,000* without breakfast(25% discounted rate)
<span;>**No of room:* 40

<span;>(9) Best Western plus hotel
<span;>Address: 25, Jibowu crescent, GRA Ibadan
<span;>Deluxe Room: 50,000
<span;>Discounted rate: 42,000 with buffet breakfast(18%discount)
<span;>*No of rooms* 40

<span;>(10) Classic Hotel
<span;>*Address:*
<span;>MKO Abiola Way, Ring Road,  Ibadan
<span;>Deluxe room: 8,000
<span;>No discount:
<span;> *No of rooms:* 13

<span;>(11) Capital Inn Plus
<span;>*Address:* 8-10 7th Avenue, Oluyole Estate, Ring road
<span;>Diplomatic room: 30,000
<span;>Discounted rate: 22,000 without breakfast.
<span;>25,000 with buffet breakfast(20%discount)
<span;>*No of rooms*

<span;>(12) La Maison Hotel
<span;> *Address:* 23 Jibowu Road, Iyaganku, GRA, Ibadan
<span;>Premium room: 17,500
<span;>Discounted rate: 17,000
<span;> *No of room* 20

<span;>(13) Ashosh Hotel
<span;>*Address:* Ashosh 1st Avenue Iyaganku GRA
<span;>Standard room: 15,000
<span;>Executive room: 21,500
<span;> *Flat rate:* 14,000 without break fast
<span;>(30% discount)
<span;>*No of room* 10

<span;>(14) Rendezvous Hotel
<span;>Address: off Foodco Supermarket, Jericho, Ibadan
<span;>Standard Room: 15,000
<span;>Discounted rate: 14,000
<span;>Deluxe room: 25,000
<span;>Classic room: 27,000
<span;>Executive Room: 30,000
<span;> *Flat rate: 23,000* without breakfast
<span;>*No of room* : 30

<span;>(15) Golden Tulip Hotel
<span;>*Address:* Qtr 781 GRA Jericho Ibadan
<span;>Deluxe room: 48,500
<span;>Executive room: 89,500 with buffet breakfast.
<span;>No discount
<span;> *No of rooms* 40

<span;>NOTE:
<span;>Reservations should be made through NACO LOGISTICS LTD(08069206814) Reservations cannot be confirmed unless a deposit of the first night is made. All payments must be made at least two weeks before the conference which commences on the 23rd of May, 2021. All payments only for the first night should be made to NACO LOGISTICS with the account details below: 0422942749 (GTB), NACO LOGISTICS LTD.
<span;>Contact: LOC/SPIDEL PUBLICITY SUB-COMMITTEE

<span;>If you desire to be a member of SPIDEL, here below are information for your membership.

<span;>Payment of the Section’s Annual Dues
<span;>a. Section Membership above 10years post call – N10,000
<span;>b. Section Membership from 6-10years – N5,000
<span;>c. Section Membership from 0-5years post call – N3,000

<span;>METHOD OF PAYMENT
<span;>Pay all Section dues into the bank account listed below
<span;>BANK: Access Bank PLC;
<span;>ACCOUNT NUMBER: 0775676671
<span;>ACCOUNT NAME: Nigerian Bar Association (SPIDEL ACCOUNT)

<span;>Evidence of payment should be sent to: Edidiong Peter, NBA Programme Officer, Section on Public Interest and Development Law via E-mail: nbaspidel@nigerianbar.org.ng Peter.Edidiong@nigerianbar.org.ng. Tel: 08003331111. Prospective exhibitors are also invited to showcase their products. Please contact Mr. Edidiong Peter (08003331111) or the Local Orgaising Committee (Mr. Olayinka Esan, 08033261598).

<span;>Gentlemen, Ibadan is ready for us.  I hereby invite you, your fellow executives and the entire membership of your branch to come to Ibadan to experience the beautiful scenery and the tourist attractions of this ancient city. Trust me, it shall be a memorable experience for everyone who honours this invitation and participates in the conference.

Your Obedient Servant,
Onyekachi Ubani Esq. (MOU)
Chairman, Conference Planning Committee
NBA-SPIDEL Annual Conference ubangwa@gmail.com

The #NBASPIDEL2021 Is A Huge Opportunity For Exhibitionists

NBASPIDEL Conference 2021 Promises To Be A Memorable Event – Governor Seyi Makinde

Oyo State Governor, Engr. ‘Seyi Makinde has promised that the state will host a memorable annual conference of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) in Ibadan from May 23 to 26.

Speaking while receiving a delegation of NBA-SPIDEL at Government House, Agodi, Ibadan, Makinde assured that the state would also provide a safe environment for the delegates.

He said: “I am glad that you are bringing the conference here because that is what we want to see. We want people to come around and experience what we are trying to do here. We will support you.”

According to Makinde, “We will provide a safe and secure environment for the annual conference. We will ensure that you have a very good experience.”


The Oyo State Governor, who promised to personally declare open the annual conference, also observed that the conference would boost the state’s economy, noting that “some of the money to be spent by the 2000 delegates will trickle down to the business sector.”

Noting that NBA-SPIDEL has a special place in his heart, Makinde said: “The Section on Public Interest is something that is very interesting to us because I always tell people that this government was put in place by the people themselves.

“We did not come in through any godfather. We did not come in because we had federal might. We did not even have local might when we were about to get elected. So, we can only run a government that is sensitive to the yearnings of our people. If we are hosting a conference of Nigeria Bar Association Section on Public Interest and Development Law, we think this is an appropriate place for that to happen.”

According to a statement by a member of the delegation and Head of Media & Publicity for the conference, Mr. Emeka Nwadioke, Makinde expressed worry at the rising unemployment in the country as well as the over-dependence on the Federal Government for allocations, urging lawyers to “let your voices be heard” in resolving the crises of federalism and nation-building.

He said: “My Commissioner for Finance is in Abuja now for FAAC. If we don’t have it, the whole place will probably collapse. But why should that be? If it is a federation, why are we all running to Abuja every month to look for federal allocation? Those are some of the challenges that I know when legal minds come together, they can assist the country on. You can weigh in and let your voices be heard.”

In his welcome address, the Oyo State Attorney-General & Commissioner for Justice, Prof. Oyelowo Oyewo (SAN) said that the annual conference “could not have come at a better time,” adding that the state is noted as a pacesetter which hosts the oldest Ministry of Justice in the country.

The NBA-SPIDEL Chairman, Prof. Paul Ananaba (SAN) in his address said that about 2,000 delegates would attend the annual conference tagged “Ibadan 2021” to brainstorm on issues that border on public interest and development.

He noted the developmental strides of the administration, adding that the fact that a majority of the Cabinet members are lawyers must have contributed positively to Makinde’s success. Ananaba also commended the government for displaying public interest by relocating displaced traders instead of abandoning them.

He stated that the annual conference would hold from May 23 to 26 this year, adding that a surfeit of leading human rights and other speakers have committed to attend the conference to tackle the theme, “The role of public interest in governance in Nigeria.”

The NBA-SPIDEL delegation included former NBA General Secretary and Chairman of Oyo State Independent Electoral Commission (OSIEC), Mr. Abiola Olagunju (SAN); human rights activist and Chairman of the Conference Planning Committee (CPC), Mr. Monday Ubani, and NBA Ibadan Branch Chairman, Mr. Olayinka Esan. The delegation was received by Governor Makinde alongside the Secretary to the State Government, Mrs. Olubanwo Adeosun; Chief of Staff, Chief Oyebisi Ilaka and five commissioners including Prof. Oyewo; Mr. Olasunkanmi Olaleye (Education, Science & Technology); Mr. Adeniyi Farinto (Budget & Planning); Mr. Seun Ashamu (Energy) and Mr. Rahman AbdulRaheem (Lands) as well as the Director General of Due Process, Tara Adefowopo.

The Grant Of Bail And Suretyship: The Legality Of Recurring Insistence For A Cicil Servant Above Grade12.

The Grant Of Bail And Suretyship: The Legality Of Recurring Insistence For A Cicil Servant Above Grade12.

The Grant Of Bail And Suretyship: The Legality Of Recurring Insistence For A Cicil Servant Above Grade12.

Bail is a conditional right guaranteed under Section 35 of the 1999 5⅚no hfsConstitution of the Federal Republic of Nigeria (as amended) (“Constitution”). Elementarily, bail is the temporary release of a defendant pending investigation or trial except for offences punishable by death which require proof of special conditions and circumstances.
The Nigerian criminal justice system recognizes three instances where a defendant can be admitted to bail and they include:
• a suspect may be granted bail by the police at the police station (administrative)
• a defendant may be granted bail by the court pending trial, and
• a convict may be granted bail pending the determination of his appeal.
This conditional release of an accused is anchored on the constitutional acclamation that any person charged with a criminal offence is presumed innocent until otherwise proven guilty. See: Section 36 (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Bail may be granted by the court, the police or other enforcement agencies where a suspect or defendant is brought before it. Both the Court and the Police have the power to release a suspect or a defendant on bail under the various Administration of Criminal Justice Laws (ACJL) applicable in the South and the Nigerian Criminal Procedure Code (CPC) applicable in the North.

As a condition for the grant of bail, a suspect or a defendant may be required to enter into an undertaking that he will be present anytime he is required to do so at the Police Station or whenever his case comes up in court based on self-recognizance, or to provide a surety for his temporal release.

The Black’s Law Dictionary 11th Edition defines “Surety” as: A person who is primarily liable for the payment of another’s debt or the performance of another’s obligation.

In the case of a bail, the surety undertakes to provide security for the release of the defendant on the promise that the defendant will honor the terms of the bail agreement by appearing in court or the police station as at when required.
It is needless to say that the role of a surety is very important in a bail process because of the risk associated with a defendant being set free or at large while his case is pending. It is therefore very important to have credible surety to stand as a guarantor that the defendant will attend court after he is released on bail. This will mitigate the risk that the defendant will escape prosecution by “jumping bail”.
2
Courts and Security agencies have over the years adopted the practice of imposing stringent requirements in relation to status and qualifications of persons who are eligible to stand as sureties to a suspect or a defendant in criminal matters. For example, they often require that sureties must be high ranking Federal or State Civil Servant. This practice is not in conformity with our extant laws, and in particular, the Constitution.
A careful perusal of all laws guiding the prosecution of a defendant particularly the Sections which covers (Bail & Recognizances) of the Criminal Justice Law of each States, leads to the inevitable conclusion that there are no provisions in the Laws that mandates or requires a surety to be a Civil Servant of any grade level in a Federal or State Ministry.
This strange requirement that a surety must be a Federal or State Civil Servant mostly above Grade level 12 in any Ministry has led to the unwarranted and continuous detention of defendants in correctional facilities and in some cases led to untimely death without proper prosecution.
Over the years, Nigerian Correctional Facilities have become congested as a result of many defendant’s inability to perfect their bail due to these stringent conditions.

It is necessary to state clearly, that a grant of Bail to a defendant is not an escape from Justice, but affords the defendant an opportunity to have access to necessary facilities for the preparation of his defence against the petition/charge proffered against him, giving cognizance to Section 36 (5) of the 1999 Constitution of the Federal Republic of Nigeria.
It is settled in plethora of cases, with the most recent being Dasuki v. Director General State Security & Ors (2019) LPELR-48113 (CA) wherein the Court of Appeal set aside the conditions of bail granted to the defendant for being too excessive and stringent.

Generally, it is against the spirit of the Constitution to impose excessive and stringent conditions for bail such as imposing Federal or State Civil Servant mostly above Grade level 12 in any Ministry, as this will be tantamount to refusal of bail.
In conclusion, the trial courts, Police and other enforcement agencies are enjoined to be liberal in their approach to grant of bail and the conditions thereof in non-capital offences. They are thus to grant bail on favorable and affordable conditions as this conforms with the principles of fair hearing, presumption of innocence and this will decongest Nigerian Correctional Facilities.

Adewale Lawal, Esq.
(Managing Partner)
Adewale Lawal & Co.

Adewale Lawal is a graduate of Olabisi Onabanjo University, Ago-Iwoye, Ogun State and the Managing Partner of Adewale Lawal & Co. Adewale has consistently demonstrated a passion for law practice. His exceptional understanding of legal issues reflects in his output in and out of Court. A passionate thinker and writer, his articles on a wide range of legal issues have been published in reputable local law journals.

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