by Legalnaija | Apr 26, 2020 | Uncategorized
As the impact of the COVID
19 pandemic bites harder, and with the resultant prohibition of public
gathering, intending married couples are beginning to consider the option of
online platforms to perform their wedding ceremonies. Infact, some have
attempted, albeit, futilely to conducted their “wedding ceremony” online.
With this publication, the
writer intends to briefly expose the dangers that inhere in this novel idea,
which according to many is cost effective.
VENUE OF MARRIAGE
There are 3 (three)
recognized venues for wedding ceremonies in Nigeria Viz:
1) Marriage registry
2) A licensed place of
worship
3) Any place approved by the
Minister of Interior for the conduct of wedding ceremony. See Section 13 and 29
of the Matrimonial Causes Act.
Section 21 of the Marriage
Act provides that where marriage is to take place either in the Marriage
registry or a licenced place of worship, it must be “with open
doors”, hence, suggesting that online marriages are bereft of any legal
backing, as online platforms such as the zoom App etc, do not offer or
accommodate such facility.
Again, section 23 of the
Marriage Act, prohibits religious minister from celebrating marriage, except in
a “building” which has been duly licensed by the Minister of
Interior”.
The express mention of
“building” in the said section, is an implied exclusion of online
weddings.
Section 26 of the Marriage
Act provides for signature of the parties to the marriage, to be on the
marriage certificate. Sadly, Section 17 of the Cyber Crime (Prohibition and
Prevention) Act 2015, already excludes “Marriage Certificates” from
the circumference of documents which may be signed electronically”.
INVALIDITY OF ONLINE
MARRIAGE UNDER CUSTOMARY LAW MARRIAGE
This form of marriage can
not be achieved under customary law as most customary marriages, require
presentation of list items such as kola nuts, palm wine or other alcoholic
beverages. This conditions cannot be fulfilled virtually.
Lastly, online marriage is
not yet a recognized form of marriage under any customary law or in indigenous
community in Nigeria.
From the foregoing, it is
discernible that even with the powers of the Minister of Interior to approve
other venues for wedding ceremonies, such powers does not extend to approval of
virtual venues, as the strictures relating to “Building” and
“with open doors” cannot be fulfilled virtually.
Arome Abu is the Principal
Partner of TCLP.
CAVEAT: Note that this
information is provided for general enlightenment purposes and is not
intended to be any form of legal advice.
Obscure Legal Facts is an
exclusive daily publication of THE COUNSEL L-P.
Plot 108 Idris Gidado
Way, Wuye, Abuja.
+234 803 262 2359
+234 708 1156 539.
Twitter: @TheCounseLP
by Legalnaija | Apr 24, 2020 | Uncategorized
My Learned Professor, it is a privilege for me to join the multitude of your admirers, Seniors, Colleagues and Juniors of yours in this beloved Profession of ours to say a big congratulation to you on the attainment of Twenty-Five (25) years of conferment with the prestigious rank of Senior Advocate of Nigeria (SAN) today. Professor Ilochi Augustine Okafor SAN was called to the Bar in 1978 and admitted into the exclusive club of the inner Bar in 1995.
I recognise that success is not a destination; rather it is a journey which will always culminate in the accomplishment of one’s destiny by a determined, committed, dedicated, creative and productive individual. Professor Ilochi Okafor SAN is a Ford Foundation Fellow of University of Pennsylvania, a former Attorney-General of Anambra State, a Law Professor and a former Vice-Chancellor of Nnamdi Azikwe University, Awka. He is an exemplary administrator and a forensic Advocate. A highly respected leader of the Bar, always cool, calm and collected. He carries himself with enormous dignity and reverence. He personifies the values and virtues of the Profession. He is a mentor to multitude of Legal Practitioners.
I had the privilege of meeting him recently right in his Chambers at Awka in Anambra State. I marvelled at the exceedingly warm reception extended to me and my entourage by someone who is by all definition our Leader and a standard bearer in the Profession. I also marvelled at the Olympian height he holds the traditions of the Profession as our meeting and discussion progressed. As the Learned Professor was speaking, his words began to paint pictures in my mind. Indeed, there is a dimension beyond hearing what is spoken to seeing the spoken words. I saw his spoken words and I began to challenge myself afresh saying the *”journey”* continues.
I wish you many more contributions to the Legal Profession. God bless you continually.
*Dele Adesina SAN*
by Legalnaija | Apr 23, 2020 | Uncategorized
As our minds are daily
flooded (by the print and online media) with the statistics concerning the
increasing spread of the pandemic Coronavirus (COVID-19) across
the globe and the attendant decimation of the global economy, it is the responsibility
of the Nigerian Government and relevant stakeholders to ensure that the
Nigerian economy is kept afloat and doesn’t capsize, due to the negative impact
of the virus. Just as an iceberg sunk the RMS Titanic vessel (which was
hitherto considered unsinkable) in the North Atlantic Ocean in 1912,
the Nigerian economy has been brought to its knees by the lockdown,
induced by the pandemic. In essence, our economy would be sadly groping in the
dark for the foreseeable future, with no light at the end of the tunnel, except
a vaccine is found to checkmate the spread of the novel virus.
It is no longer news that
going forward, COVID-19 is going to change the way companies, SMEs,
individuals, and governments at all levels engage in business. Due to social
distancing, a lot of reliance would be placed on the internet, as the
majority of business transactions would be conducted and concluded online, with
little or no physical interaction between contracting parties. However, the
question agitating my mind is: how would business transactions be conducted
seamlessly via the internet, with the state of Nigeria’s power sector? It is
pertinent to state that a vibrant power sector is a sine qua non
to a highly viable and productive economy. The importance of
power/light to any economy is underscored if considered from the Biblical
perspective. The first thing the Almighty God pronounced/commanded (upon
creating the universe) in the Book of Genesis 1: 3, when He
observed that the earth was formless and desolate, was: “Let there be light.”
Unfortunately, successive
governments in Nigeria have not succeeded in putting the power sector on the
right track despite the investment of funds running into billions of Naira in
the said sector. A visit to the website (and a click of the side menu “Generation”)
of the Nigeria Electricity Regulatory Commission (NERC), the independent
regulator established by the Electric Power Sector Reform Act 2005
to regulate the power sector, it was stated therein that: “…By implementing
reforms, Nigeria targets 40, 000 MW generating capacity by 2020 and will need
to spend approximately $10bn per annum on the power sector for the next 10 years
to achieve this…”
Regrettably, according to a Newsletter
dated 22nd April, 2020, published on the website of nigeriaelectricityhub.com,
with the caption- Power Generation Falls to 3, 757MW, Six Plants Idle: “…Total
power generation in the country fell to 3, 757.9MW as of 6 am on Monday from 4,
287MW last Thursday according to the system operator. Six of the nation’s 27
power plants, including three built under the National Integrated Power Project,
were not generating any megawatt of electricity on Monday… The sector is
plagued by problems of gas supply shortages, limited distribution networks,
limited transmission line capacity, huge metering gap, electricity theft as
well as high technical and commercial losses, among others.”
As can be deduced from the
above quotation, it suffices to state that the generation of 3, 757.9MW
is a far cry from the target (as published on NERC’s website) to
generate 40, 000MW by this year 2020. However, it must be pointed
out that the Federal Government had largely reduced its participation in the
power sector by unbundling the Power Holding Company of Nigeria (PHCN)
into eleven electricity distributing companies(DisCos), six
generating companies (GenCos), a transmission company (TCN), with NERC
as an independent regulator. Furthermore, the Federal Government has fully
divested its interest in the six GenCos, while 60% of its shares
in the eleven DisCos have been sold to private operators, though retaining
full control of the Transmission Company of Nigeria. Notwithstanding the
significant divestiture of its interest in the power sector, the present
administration, as at 2019, had invested 900 billion Naira in the
power sector with no significant improvement in the said sector.
Flowing from the above, it
is essential for the Federal Government to rearrange its scale of preference
by prioritizing the power sector, alongside the education, health, and
agricultural sectors in the post COVID-19 era. The Government must
work hand in hand with the relevant stakeholders in the power sector to ensure
the said sector is functioning optimally. While I must admit it is not going to
be a tea party for the Federal Government to grapple with the various problems
besetting the power sector, I believe that with tenacity of purpose and shrewd
management of scarce financial resources, the power sector would be up and
running in no distant future to meet the needs of the Nigerian economy in the post
COVID-19 era. Fortunately, the Federal Government can resort to its 149-
page Roadmap for Power Sector Reform (A Customer-driven sector-wide plan to
achieve stable power supply) put together in 2010 to assess the
performance of the power sector vis-à-vis the set targets contained in the said
roadmap. Once again, I must emphasize that a vibrant power sector is a
condition precedent to a highly viable and productive economy, especially in
the post COVID-19 era, where social distancing will be the new norm and
business transactions would be conducted and concluded via online mediums.
I will conclude this article
by referring to the postulation of a highly revered, distinguished and cerebral
legal potentate, Chief Wole Olanipekun, OFR, SAN, on the importance of a
vibrant power sector to the Nigerian economy. The said postulation was made
during the delivery of the 22nd Convocation lecture of Ekiti
State University in 2017 titled: “Breaking the jinx: The cyclical nature of
Nigeria’s problems”, wherein he stated thus:
“Any nation, whose energy
needs are inadequately satisfied, prolongs her development and risks losing
potential investors. In other words, electricity is the propelling force of any
economic or industrial thrust. Any country that desires rapid development will
ignore the power sector at its own peril. It is needed in residences to power
domestic appliances and for lighting purposes; in the industries to drive
various machines, equipment and processes; and by commercial and institutional
consumers for the provision of services and driving various devices.”
Debo Oladinni, Esq.
by Legalnaija | Apr 22, 2020 | Uncategorized
If you are a practicing Nigerian lawyer and you have not come across any of the campaign fliers, messages and statements issued by aspirants to the various offices of the NBA come July, 2020, then I wonder how you have been practicing in isolation all this time. Facebook, Twitter, Instagram and Whatsapp are filled with many of these messages. Obviously we are in the campaign season of the NBA and come July 24th and 25th 2020, lawyers who are eligible to vote would be casting their votes for their preferred candidates across board.
Though the ban on campaign has not been officially lifted, many of the Aspirants are obvious to everyone, they are obvious by their heightened media presence, you have met with some in private meetings and some others have been endorsed by various stakeholders and NBA Branches. Over the course of the next few weeks, they will also share their manifesto with us and seek to convince us on why they are the best candidates for each position.
However, lawyers are already forming their opinions of different aspirants and one of the criteria is how rich the aspirant is. For instance, many of these aspirants, especially those aspiring to the office of President of the NBA are approached to pay practicing fees for lawyers; sponsor dinners, trainings and events for young lawyers, as well as give donations to the NBA Branches in support of Bar projects including most recently to send palliatives to lawyers during the lockdown. It is important to note that not these contributions are not mandatory as no candidate is asked to do any of the above under compulsion, but, if we want to be sincere to ourselves as lawyers, we will agree that these contributions go a long way in convincing eligible voters.
Does this now mean we are selling the offices of the NBA?
If one aspirant has the financial capacity to contribute more than others, does that make the more buoyant aspirant the best man for the job. If one aspirant contributes a million naira to a Bar building project and another two hundred thousand naira, does it mean we should vote for the lawyer that dropped the million?
Another reason is the debate on how much an aspirant pays their staff as a yardstick to rate their candidacy. Some weeks ago, a social media post trended wherein the author wrote how much young lawyers earn in the law firms of the various presidential aspirants. Doesn’t that suggest that we should vote the lawyer who pays the highest? Even though, how much they pay their staff have no correlation to how they would lead while in office.
How come no one is taking a look the objectives of the NBA and asking ourselves which aspirants have shown a track record of being able to effectively uphold the objectives of the Nigerian Bar Association? For ease of reference, the objectives of the NBA as set out in Section 3 of 2015 NBA Constitution are as follows:
(a) Maintenance and defence of the integrity and independence of the Bar and the Judiciary in Nigeria.
(b) Promotion and advancement of Legal Education, Continuing Legal Education, Advocacy and Jurisprudence.
(c) Improvement of the system of administration of justice, its procedures and the arrangement of court business and regular law reporting.
(d) Establishment, maintenance and operation of a system of prompt and efficient legal aid and assistance for those in need but who are unable to pay for same.
(e) Promotion and support of law reform.
(f) Maintenance of the highest standard of professional conduct, etiquette and discipline. (g) Promotion of good relation among the members of the Association and lawyers of other countries.
(h) Promotion of co-operation between the Association and other National or International Law Organisations and such other bodies as may be approved by the National Executive Committee.
(i) Encouragement and protection of the right of access to courts at reasonably affordable fees and of representation by counsel before courts and tribunals.
(j) Encouragement of the establishment of a National Law Library.
(k) Promotion and protection of the principles of the rule of law and respect for enforcement of fundamental rights, human rights and people’s rights.
(l) Creation of schemes for the encouragement of newly qualified members and assistance to aged or incapacitated members of the Association.
(m) Establishment of schemes for the promotion of the welfare, security and economic advancement of members of the legal profession.
(n) Creation and maintenance of an Endowment Fund for the proper observance and discharge of any of these aims and objects.
If we are going to jettison the contributions of all Aspirants to the above, and, if we want to focus on how much an aspirant has spent on what some have recently tagged ‘stomach infrastructure’ for lawyers or made as contributions to the various NBA Branches, then we might as well as forget about voting and just ask the Candidates to transfer money into our accounts while we vote for the aspirant who pays the highest.
For ease of reference, the various elective positons at the NBA elections include the following offices –
• President
• 1st Vice-President
• 2nd Vice-President
• 3rd Vice-President
• General Secretary
• Assistant Secretary
• Treasurer
• Welfare Secretary
• Financial Secretary
• Publicity Secretary
• Assistant Publicity Secretary
Ebele Aka
Enugu Branch
by Legalnaija | Apr 21, 2020 | Uncategorized
I got the notice of Chief Richard Osuolale Akinjide SAN’s transition, this morning from a journalist friend who invited me to come and talk about the Learned Chief’s transition on their television programme.
I quickly said the information is fake news but he insisted it was a genuine and factual information. Nevertheless, I insisted that I would need to confirm from the family or the Secretary of the Body of Senior Advocates of Nigeria. Shortly after that encounter, I saw the release of the Body of Senior Advocates of Nigeria confirming the Learned Silk’s transition from mortality to immortality.
Chief Akinjide SAN was a legal colossus, a quintessential lawyer and a forensic advocate of immense proportion. He personified success, great accomplishment and manifest professional fulfilment. He was born on November 1, 1931. Consequently, he died at a ripe age of 88 years, stating his last birthday. He was called to the Bar in 1956. In recognition of the Learned Chief’s exceptional performance in court-room advocacy, he was among the second set of legal practitioners to be conferred with the rank of Senior Advocate of Nigeria in 1978 along with other legal colossus like Chief Obafemi Awolowo SAN; Chief R.A. Fani-Kayode SAN; Chief Olisa Chukwurah SAN; Chief Kehinde Sofola SAN; Dr. Mudiaga Odga SAN; Dr Augustine Nnamani SAN, who later became a Justice of the Supreme Court; and Professor B.O. Nwabueze SAN. With the death of Chief Akinjide SAN today, Professor Ben Nwabueze SAN, the erudite and remarkable constitutional law lawyer remains the only living legend of the whole lot.
Chief Akinjide SAN made a mark in life, both in the Profession and outside of the Profession. He was President of the Nigerian Bar Association from 1970 – 1973, the Pro Chancellor and Chairman Governing Council, the University of Jos between 1976 – 1979, the Honourable Attorney-General and Minister of Justice between 1979 – 1983, a life member and past Chairman of the distinguished Body of Benchers and until his transition, the Chairman of the Body of Senior Advocates of Nigeria.
He was manifestly committed to everything he believed in and because he was committed, he was creative and productive; because he was productive, he became successful; and because he was successful, he became outstandingly impactful. Men like him rule their world and Chief Richard Akinjide SAN indeed ruled his world, both as a legal giant and a political juggernaut. He discovered his purpose on earth and he fulfilled that purpose in a great measure. Purpose does not target possession but essentially designed for contribution. Chief Richard Akinjide SAN’s contribution to law, politics and to life in general will forever be in the hearts of all men and women and to be in the hearts of all men and women is not to die.
My condolence goes to the entire family and to the legal community.
May his soul rest in perfect peace.
Dele Adesina SAN
by Legalnaija | Apr 21, 2020 | Uncategorized
Question –
I had a traditional marriage with a lady but though we are separated, we never got divorced traditionally. Now I am in love with someone else and we intend to have a church wedding. Would the church marriage be valid.
Answer – No.
no marriage in Nigeria shall be valid where either parties of the intended marriage is married under customary law to another person.
Read more here-
PROCEDURE FOR REGISTRY MARRIAGE IN NIGERIA https://www.legalnaija.com/2012/12/marriage-law-in-nigeria.html
Learn & share
by Legalnaija | Apr 21, 2020 | Uncategorized
TRIBUTE TO A LEGAL COLOSSUS
The news of the passing of the eminent legal practitioner and foremost statesman, Chief R.O.A. Akinjide, SAN has just reached me. On behalf of my family and Chambers, I convey my heartfelt sympathy and condolences to the entire members of the Akinjide family and dynasty.
Without any gainsaying, Chief Akinjide lived a full cycle, whether as a lawyer, a politician, a scholar or statesman. He made a success of every venture he embarked on. As a lawyer, he was very prodigious, forensic, profound, dynamic, courageous and seminal. He was among the second set of the early lawyers in Nigeria to be conferred with the prestigious rank of Senior Advocate of Nigeria in 1978, alongside the late Chief Obafemi Awolowo, SAN, the late Chief Kehinde Sofola, SAN, the late Chief G.O.K. Ajayi, SAN among others. Before then, he had served as the President of the Nigerian Bar Association (NBA), during the military era. He distinguished himself as one of the most outstanding Presidents of the NBA. Between 1979 and 1983, he served as the Attorney-General and Minister of Justice of Nigeria.
At a point in time, he was also the Chairman of the Body of Benchers, while for several years, he was the Chairman of the Body of Senior of Advocates of Nigeria (BOSAN). In effect, he assumed and occupied every available space and position in the legal profession, and in all of them, he creditably discharged himself.
As a politician, he was first a Federal Parliamentarian before assuming the office of Minister of Education in the First Republic, and he would be remembered as one of the youngest federal ministers ever produced in Nigeria. As a statesman, Chief Akinjide stoically pursued the clamour for a true federalism in Nigeria, both in his writings and public speeches, while at the same time presenting himself as a father figure who cultivated friends across all divides. That Chief Akinjide was a scholar of very high repute is beyond any shadow of doubt. He was prolific in his writings and highly cerebral in his submissions, in and out of court.
In company of our heroes past, particularly, Chief Obafemi Awolowo, Dr. Nnmadi Azikiwe, Sir Ahmadu Bello and others, Chief Akinjide was in the forefront of the struggle for Nigeria’s independence in 1960. A titan has departed; a legal colossus and potentate has been called home; a highly distinguished statesman has gone to rest.
May the pleasant soul of this great mentor, leader and nationalist rest in peace.
Chief Wole Olanipekun, OFR, SAN, LL.D, FCIArb., FNIALS
Lagos
21st April, 2020
by Legalnaija | Apr 21, 2020 | Uncategorized
While at the Nigerian Law School, all lawyers were drilled daily on the need to be fit and proper. Not only are lawyers meant to be fit and proper in their practice but also in private life as well. As legal practitioners and business persons, the need for accountability to clients is an important part of being fit and proper.
Lawyers spend a lot of time working closely with and for clients to solve complex issues, but are also tasked with the foolproof protection of secure information and the timely execution of a myriad of things. The balance of these needs is at the crux of every legal practice and this is where firm culture comes into play.
According to Gyi Tsakalakis in her article, How to Implement Accountability in a Law Firm, accountability and firm culture are inextricably intertwined and every lawyer and law firm is accountable for living to your values.
It is only when individuals feel responsible for upholding key standards of excellent client communication, stringent protection of information, and timely and foolproof execution of tasks that law firms are able to maintain the high quality of work that is expected from lawyers.
In the Lawyer’s Ultimate Guide to Accountability in the Workplace, published by Grayhound in 2017, three main reasons are listed on why accountability is important for lawyers.
The first is security. The daily operations of a law office involve constant management of secure and private information. In order to develop a tight lid on information security, individual lawyers must first believe and buy into a general culture of confidentiality, and then the law office must enforce a culture of accountability at the individual level to make it real.
The second main reason that accountability is important for lawyers is reputation. Lawyers operate in a professional world where reputation is key to acquiring and maintaining clients, as well as working with fellow lawyers. Establishing a reputation for client confidentiality, responsibly meeting deadlines, and managing client needs is crucial in any law office.
Finally, accountability is crucial for law firms because it helps manage stress. Few professional offices have to deal with as many moving pieces as law firms. Trying to keep track of client needs, deadlines, new business, internal projects can stress out any lawyer.
It is important that as lawyers, accountability in our practice should be a core value of every lawyer and law firm. It is one of the ways we remain fit and proper.
Caroline Ibharuneafe, Mrs.
Past Vice – Chairman, NBA Ikeja)
#Integrity+accountability
by Legalnaija | Apr 19, 2020 | Uncategorized
Section 36 (6) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides that a person arrested on allegation of commission of a criminal offence has the right to seek legal counsel from a lawyer and also the right to be defended by a legal practitioner of her choice.
Similarly, both the Administration of Criminal Justice Act LFN and Administration of Criminal Justice Laws of Lagos State guarantees the right of a suspect to make his statement to the Police in the presence of a lawyer of his choice.
Keen observers may have witnessed the prosecution of persons said to have violated the lockdown regulations imposed by both the Federal and State governments as a result of the Covid-19 pandemic. Some of these accused persons have pleaded guilty while others have been remanded by the various Magistrates’ Courts where they were arraigned. News reports have it that hundreds of arrests are being made daily by the Nigeria Police and other security operatives.
While it is desirable and I encourage every citizen or resident of Nigeria to adhere to the safety precautions and regulations issued by government to flatten the curve of the scourge, the question that challenges my mind at this time is: How do persons arrested and charged for violating the express regulations of government in this regard secure the services of lawyers of their choice since lawyers have been excluded from the list of persons providing essential services? Are the Constitutionally guaranteed rights of these citizens to legal representation suspended?
It appears that all such trials and/or convictions may be set aside on appeal as they appear to violate clear provisions of our Constitution, statutes and even decided cases. I submit with respect that the proper course should be for the Federal and State governments to modify the regulations already made to accommodate and fully guarantee the rights of citizens who may run foul of such regulations to legal representation of their choice. This, in my humble view, will be a win win situation for all.
Babatunde Busari, Esq.
Lagos, Nigeria.
16/04/2020
Photo Credit – www.aljazeera.com
by Legalnaija | Apr 17, 2020 | Uncategorized
The
Governing Council of the Nigerian Bar Association (“NBA”) Young Lawyers Forum
(“YLF”) has received the magnanimous donation of the sum of Two Hundred and
Fifty Thousand Naira (N250,000.00) from Mr. Oyetola Muyiwa Atoyebi, SAN,
towards providing support to young lawyers affected by the impact of the
Covid-19 pandemic on the economy.
The YLF notes that as a result of the restriction of movement in the bid to
contain the spread of the Covid-19 pandemic, business operations and court
sittings have been significantly scaled down if not completely suspended.
Consequently, many young lawyers are faced with a significant decline in, if
not a total loss of, income.
In addition to palliative measures announced by the NBA President, Mr. Paul
Usoro, SAN, and various branches of the NBA, the YLF will disburse the sum
received from the Learned Silk to Fifty (50) young lawyers in need of financial
support.
The YLF is grateful to Mr. Oyetola Muyiwa Atoyebi, SAN for his sustained
commitment to the welfare and development of young lawyers, as has been
demonstrated by his act of compassion towards young lawyers in this period.
Undoubtedly, the Learned Silk’s gesture is worthy of emulation and the YLF
implores as many lawyers and organisations as are able to provide support to
young lawyers in this period to continue to do so.
Thank you.
Tobi Adebowale
Chairman
Governing Council of the NBA Young Lawyers Forum
