by Legalnaija | Jan 15, 2020 | Uncategorized
Politics and propaganda have been close friends since the dawn of time. Every NBA election cycle that I have had the privilege of observing had its fair share of propaganda, but it appears that the next elections will have a large serving of propaganda with extra sauce! Interestingly, most of the propagandist attacks so far have been aimed at a particular aspirant – Mr. Olumide Akpata. Why ‘The Establishment’ and their cronies seem particularly perturbed by this aspirant’s unmatched popularity amongst the NBA’s electorate leaves me bewildered. But, whatever the reason is, it is certainly not for the collective good of ALL members of the NBA.
In the past month, three interesting propagandist attacks were launched: the first, by a respected Silk on Twitter, was rather sad and clearly demonstrated why only progressive lawyers should lead the Nigerian Bar. Leaving aside the fact that this attack deliberately ignored Mr. Akpata’s long history of sponsoring scores of lawyers to NBA and other capacity building events; the attacker conveniently forgot, or did not know, that the event in question was literally a trade fair for young and progressive lawyers! In the modern market for legal services, clients are looking for lawyers with skills in intellectual property, data protection, music and entertainment law, fashion law, amongst others. Outside events of that nature, where else would a young and progressive lawyer meet and network with dozens of key players in the entertainment industry and a horde of young artists looking for the next record deal – contracts which young lawyers can easily draft to supplement the sad salaries they receive from key members of “The Establishment”?
Well, Mr. Akpata’s track record within the NBA, the throng of lawyers who are direct and indirect beneficiaries of his numerous sponsorships, and a host of progressive lawyers quickly reduced the potency of this propagandist attack to levels below zero. I think the attack was not really about the sponsorship itself. It was about something much more subtle – a deliberate question on that poster. Something that made the headlines in the last election and which would be the subject of another piece, or even a series!
The second attack, which was painful to read on account of the particularly poor writing skills of the attacker, attempted to use clear provisions of the 2015 NBA Constitution to distort the NBA’s political history. Well, we know our history and we know our Constitution. We cannot be deceived.
The third attack which, quite frankly, is the most interesting started on Facebook. As some of you may be aware, the administrator of a Facebook group called “Nigerian Bar Association Members”, created a Facebook poll on 12 January 2020 or thereabouts. This poll required members to vote for whom they reckon would become the next NBA President. To the organiser’s dismay, the poll had an unintended consequence!
As a preliminary point, I must state that the name of that Facebook group is suspect. The unauthorised use of the NBA’s official name as the name of the group creates the false impression of an official affiliation with the NBA. The NBA has several times warned members to desist from the unauthorised use of its name. Efforts must be made to draw the NBA’s attention to this group impersonating it.
The organiser of the said poll, who also doubles as an administrator of that Facebook group, is known to prefer a particular aspirant – Dr Ajibade SAN. I wondered why he would organise such a poll, on a closed group, when he cannot be an unbiased umpire. I treated the poll with scepticism because I knew it was designed to create the manifestly false impression that Dr Ajibade SAN was popular. Sadly, the organiser could not even pretend to be fair. He deployed several clandestine machinations to frustrate Mr. Akpata’s chances of success and to guarantee his preferred aspirant’s success. For instance, the comments section under the poll was open and there were comments supporting Dr Ajibade SAN. The organiser had no problems with this. There were about sixteen such comments. Shortly after just two comments in support of Mr. Akpata were posted, the organiser turned off the comments section, creating the false impression that the significant majority of commentators preferred Dr Ajibade SAN.
As if that was not enough, only members of the group could vote on the poll. The organiser was very reluctant to approve the join requests of anyone whom he was not sure would vote for Dr Ajibade SAN. There were numerous supporters of Mr Akpata who complained that their join requests were not approved and were automatically prevented from voting. All attempts to publicly call the organiser’s attention to this were frustrated since all posts on the group required his approval.
Mr Akpata won the poll notwithstanding these hurdles. In announcing the results, the organiser shamelessly put his bias on display and even used Anthony Joshua’s first loss, and subsequent victory, against Andy Ruiz as a metaphor to console himself, Dr Ajibade SAN and his supporters. After that, some of Dr Ajibade SAN’s supporters started circulating posts on WhatsApp suggesting that Dr Ajibade SAN outperformed Mr Akpata, and even describing the vote margin as ‘paltry’. Well, a winner is a winner and a loser is a loser, irrespective of the margin.
I am reasonably sure that the organiser of that Facebook poll did not intend Mr Akpata to win, but he won. That poll is largely irrelevant in the grand scheme of things, but as with all things with a political undertone in this period, it must be put in its proper place of worthlessness.
With the foregoing said, it is very important for these propagandists to note a few things:
the NBA elections will be conducted nationwide, using a universal voting system. To a large extent, it is immune from the kind of bias that plagued this Facebook poll;
a cursory look at this Facebook poll reveals that most of the participants are from the South West (particularly Lagos), a handful from Abuja, one or two from Kano and other branches, and a couple of law students. It cannot even qualify as a microcosm of the NBA as it did not have up to an aggregate of 500 votes. It cannot be relied on as indicative of anything but the popularity of Mr Akpata even within the strongholds of the organiser and his preferred aspirant; and
I concede that the organiser achieved the goal of creating the very false impression that Dr Ajibade SAN was popular and could rank next to Mr Akpata. They are now riding on this to flood social media with false tales of Dr Ajibade SAN’s successful campaign. Nothing is further from the truth, and we all know that. Mr Akpata will not only win all such popularity contests, biased or not; he will win the upcoming NBA elections.
As we square up for the NBA elections, I personally expect that Mr. Akpata’s detractors will device even more mischievous shenanigans to distract us from the more important issues of merit and competence. However, these propagandist attacks prove only one thing: Mr Akpata is the leading aspirant, by several miles; and his only known “offence” is challenging the status quo which furthers the selfish agenda of The Establishment to the detriment of the larger demography of Nigerian lawyers.
by Legalnaija | Jan 8, 2020 | Uncategorized
PRESS RELEASE
LAGOS INAGURATES COMMITTEE TO REVIEW LAWS EMPOWERING POLICE TO PROSECUTE IN MAGISTRATE COURT.
… APPOINTS FOLA ARTHUR-WORREY AS CHAIRMAN
Lagos State Government on Wednesday inaugurated an advisory committee on Police Prosecutions in Magistrate Courts to review Laws enabling Police prosecutorial power.
The committee’s inauguration was in response to the clamour by Non-Governmental Organizations and Stakeholders to Bar Police Prosecutions of Criminal matters at the state Magistrate in accordance to the provisions of the Administration of Criminal Justice Acts (ACJA).
While inaugurating the Seven member advisory committee, Lagos State Attorney-General and Commissioner for Justice, Moyosore Onigbanjo, SAN, said the government will announce its position on the matter after the recommendation of the committee, which will be made known to the general public.
Part of the Committee’s terms of reference are as follows:
1. The State of Law in terms of Police Prosecutorial powers
2. Challenges of oversight functions of the AG
3. Distinctions in the type of offences police can prosecute
4. Magistrate Court Jurisdiction on criminal matters and it’s powers to review charges
5. Track the Number of criminal cases filed at the Magistrate courts in Lagos State within a given period and how many cases where successfully prosecuted
6. Whether the Office of the DPP can take over prosecution in over 150 magistrate courts in Lagos
7. Types and categories of cases Police prosecutors handle in the Magistrate court.
He added that the members were carefully selected based on their wealth of experience in State Criminal Justice practice.
Onigbanjo assured NGOs and residents in the state that government’s final decisions will be based on fairness, devoid of sentiments and bias.
The Attorney-General urged the advisory committee to look beyond Lagos State in their deliberations and likewise consider the Laws of the Country inorder to give a balanced advise.
“I hereby urge you to look beyond Lagos State being a Pace setter to others in your deliberation to make informed decisions in your advise.
In his remarks, the Chairman of the
Advisory Committee, Fola Arthur-Worrey, commended the Attorney-General for the choice of committee members selected.
Arthur- Worrey promised that the committee will put in their best to make sure they present to the government, a rational recommendation within a month.
The Solicitor-General/Permanent Secretary Titilayo Shitta-Bey, in her address noted that the recommendations of the advisory committee would enhance the effective Administration of Justice in the State.
The Seven member advisory committee include:
Mr. Fola Arthur-Worrey – Chairman
Mr. Norrison Quakers, SAN – Member
Ms. Titilayo Shitta-Bey (Solicitor-General/Permanent Secretary, Ministry of Justice) – Member
Mr. Yhaqub Oshoala (Director, Public Prosecutions) – Member
DSP- Yetunde Cardoso, O/C Legal Dept, Criminal Investigation, Yaba, Lagos. – Member
Mr. Bayo Akinlade, NBA Ikorodu Chairman- Member
Mrs. Rukayat Owolabi – Member
Mrs. Arinola Momoh-Ayokanmbi – Secretary
Mr. Kayode Oyekanmi
Director, Public Affairs
8th January, 2020.
by Legalnaija | Jan 7, 2020 | Uncategorized
FROM THE DESK OF THE GOVERNING COUNCIL OF THE NIGERIAN BAR ASSOCIATION, YOUNG LAWYERS FORUM (NBA YLF): NBA YLF TO FOCUS ON CAPACITY BUILDING AND PROFESSIONAL DEVELOPMENT OF YOUNG LAWYERS
On behalf of the Governing Council of the Nigerian Bar Association, Young Lawyers Forum (NBA YLF), we welcome everyone to the New Year 2020. A new year presents the opportunity of a new beginning and of renewed hope in accomplishing great things. Therefore, it is our hope that 2020 will be significantly marked by unprecedented growth and professional development for young lawyers.
It is trite that it is not enough to hope and we seize this opportunity to reaffirm our commitment to achieving the purpose for which the noble Forum (NBA YLF) was established, which borders on articulating the welfare of Young Lawyers (lawyers within the first seven years of post-call to the Nigerian Bar), addressing concerns raised by Young Lawyers and facilitating measures for the professional development of Young Lawyers.
In furtherance of the above objective, the NBA YLF will be implementing initiatives focused on capacity building, continuing legal education, mentorship, enhanced welfare and support for Young Lawyers. We are especially interested in ensuring that Young Lawyers are better prepared to assess and take advantage of the opportunities presented by changes in policies, laws and technology.
As we proceed, we will be counting on the support and cooperation of all Young Lawyers, our Learned Seniors and other associations within and outside the legal profession to accomplish our objectives for the benefit of the legal profession and the Nigerian society at large.
May the Year 2020 be a fulfilling one for everyone.
Tobi Adebowale (Chairman) Patricia Udeh (Secretary)
by Legalnaija | Jan 6, 2020 | Uncategorized
1.0
Introduction
It
would appear that since time immemorial, the rights of women in Nigeria have
been subjected to the wishes and aspirations of their male counterpart. The
legal framework for women’s rights in Nigeria is based on the Constitution
primarily, other local laws and international treaties relating to women
ratified by the country.[i]
Women in Nigeria constitute more than two – thirds of the country’s 70% adult
non literate population. Despite the fact that women also constitute about 49%
of the total population, they are discriminated against in all spheres of their
lives.
[ii]
The marginalisation of Nigerian women is much more pronounced in the native
laws and custom which constitutes a major aspect of the sources of Nigerian
law.[iii]
Women
have been subjected to various forms of violence ranging from rape, battering,
trafficking and even murder. Although the
degree differs
from society to society, the occurrence has profound and destructive
consequences including psychological, physical, emotional and social disorders.
The fact that domestic violence prevails across all strata of the Nigerian
society is no longer debatable. Despite the spirited efforts made by the world bodies such as
the United Nations (e.g. Universal Declaration of Human Rights, the
International Convention on Civil and Political Rights) and Nigeria’s
constitutions to eliminate discrimination and violence against women, and
promote the idea of freedom, equality and justice, the Nigerian woman is often
violated on several fronts. Getting justice for a woman who is abused at the
family level is most times difficult and wrongly treated by the law, leaving the victim
dejected, rejected and dehumanized. There is no specific or direct national law that protects the right of women
against violence in Nigeria.[iv]
Even where laws exists, they are inadequate or limited in scope by virtue of
the undue burden placed on the victims to discharge the burden of proof. Most
of the times some of these laws are couched in provisions that are gender
biased and sometimes the women victims are not even aware of the existence of
the laws. [v]
Women
are not entitled to tax deductions, even if they are the bread winners of the
family.[vi]
For example, a married woman who seeks relief for expenditure on children or
other dependants must show documentary evidence that the father is not
responsible for their upkeep or that she incurs substantial expenses
independent of him. However, men are not subjected to this requirement.[vii]
As noted earlier, the assumption is that men are the bread winners of the
family. But in practice, this has been proved to be false.[viii]
Meanwhile, the fact is that single mothers are normally taxed without considering
their dependants. In other words, they
are often taxed as if they were childless.
Another
discriminatory provision of the law that impedes the protection of women’s
right as regards nationality is section 26 of the 1999 Constitution of Nigeria,
which makes it impossible for a Nigerian woman to pass on her Nigerian
nationality to her children that were gotten by a foreigner. Again, her husband
cannot become Nigerian by virtue of the marriage. In another respect, Nigeria
is a federating unit, and by this arrangement, matters of legislative powers
could either fall under exclusive or concurrent lists.[ix]
Any item not listed in the exclusive or concurrent lists is considered as
residual matters.[x]
In this respect, issue of marriages other than marriages under Islamic law and
customary law are outside the exclusive list.[xi]
What this means is that each federating states of the federation can legislate
on that matter, and by extension, there would always be conflicting laws by
each of the federating states in that regard, depending on the local
circumstances of each of the federating states.
Domestic
violence has been given a prime place under the Penal Code section 55 which
allows as permitted in some customary rules and traditions, husbands to inflict
physical punishment on their wives. Marital rape is also encourages as the
husband cannot be said to commit an offence of rape on his wife.[xii]This
is irrespective of any resistance made by the wife or the extent of the use of
force employed by the husband.
Another
social problem facing women is the issue of male chauvinism in most of our
local systems. This is seen in the attitude of most of our judges and indeed in
protecting women from rape by their husbands. In fact, the Nigerian Penal Code
provides that a man is not able to rape or indecently assault his wife. This
was the common law stance as stated in the case of R v. Steel[xiii]
their mutual matrimonial consent and contract, the wife had given up herself in
this kind … to her husband from which she cannot retreat.”. On the strength of
the foregoing, a wife is duty bound to submit herself at all times whenever her
husband requested her for sex. This is immaterial of her mood, health or bodily
conditions at that time. This is however absurd and strange because a marriage
contract is supposed to be deeply rooted on mutual understanding and reciprocal
rights of the couple, not a one sided affair. In fact, it does not tally with
good reasoning and common sense. Thus, Lord Denning,[xiv]
in discussing the rights and duties of spouses under a marriage contract, also
shared this view. He said, to decide by agreement, by give and take, and by
imposition of the will of one over the other. Each is entitled to an equal
voice in the ordering of the affairs which are their common concern. Neither
has a casting vote.
Early
and forced marriage are still prevalent in Nigeria and indeed some parts of
Africa, early marriage comes in the form of child betrothal, this involves
marrying out a girl child immediately after she is delivered.[xv]
While forced marriage on the other hand is simply marrying out a girl against
her wish, it could also be referred to as induced marriage. In some cases the
girls are withdrawn from school or even denied access to education. There are
cases in which parents have forced their grown daughters into marriages against
their wishes either due to cultural, social, economic or political reasons.
Another
challenge facing women in Nigeria is the issue of Female genital mutilation
which is executed with blunt and non-sterile instruments in very unhygienic
circumstances.[xvi]
The mystical reasons behind the harmful practice are that it prevents
promiscuity in women, it controls female sexuality and to preserve the
virginity of young girls until marriage. However, studies have shown that there
is no truth in these myths, but rather a gross violation of women’s human
rights to dignity of persons as contained in section 34 of the 1999
constitution.[xvii]
CONCLUSION
The growth of any nation lies in the
strength of its women. Are its women allowed to exist like equals with men or
they subjected to forms of discrimination that put them in shackles? The last decade saw Nigeria as a country
lagging behind in its achievement of the SDG’S. If real
progress is to be achieved there has to be a paradigm shift and a conscious effort to place the Nigerian woman in her prime place to fully achieve her full potentials. The
problems facing women must be addressed with legislations tailored to specifically address these issues.
[i]
The World Bank in a 2009 estimate records the Nigerian population to be 154,
728, 892 3 Dr C.O. Isiramen, Humanism
[ii] F
O Dada, ‘The Justiceability and Enforceability of Women’s Rights in Nigeria’
(2014) 14(5) Global Journal of Human-Social Science: E Economics.
[iv] J
E Chukwuma, ‘Eliminating Domestic
Violence (Lagos: Mbeyi & Associate. (2005).
J N Ezeilo, A Cry for Justice: The Truth About Sexual
Violence Against Women in Nigeria (Enugu: Forth Dimension Publications. (2003).
[v] H
I Bazza, ‘Domestic Violence and Women’s Rights in Nigeria’ (2010) 4 (2) Societies Without Borders pp.175-192.
[vi] In
some parts of the country, especially in Northern Nigeria, where the Islamic
law is in operation, a girl could be given out for marriage at an age that is
less than 18 years.
R Muftau, An
Appraisal of the Legal Rights of Women in Nigeria’ (2016) 52 Journal of Law, Policy and
Globalization
[vii] The Communique of the Joint Tax Board,
issued on 21st day of April, (1998).
[viii] T
Akumadu, ‘Patterns of Abuse of Women’s Rights in Employment and Police Custody
in Nigeria’ (1995) Civil Liberties Organization p. 3.
[ix]
While the former falls under purview of the National Assembly, the former is
under the States Assemblies.
[x]
From this, the states may legislate on residual matters. From this stand point
of view, the Child Rights Act of 2003 is only applicable to the Federal Capital
Territory (Abuja). To this extent, different age definition may apply on who a
child is, and by extension the legal definition of a woman.
[xi]
Item 61, part 1, Second Schedule to the 1999 Constitution of Nigeria. See also
section 4 (2) and (7) of the same Constitution.
[xii]
Hale, IPC, 269, quoted in Smith and Hogan, Criminal Law, (1983).
[xiv] Dunn v Dunn (1948) 2 ALL ER 282.
[xv] M
T Shija, ‘Domestic violence and its impact on women’s rights’ (2004) Paper presented at a consultative Forum of
stakeholders to discuss the Domestic Violence Draft Bill in Benue State –
Nigeria.
[xvi] H I Bazza, ‘Domestic Violence and Women’s
Rights in Nigeria’ (2010) 4 (2) Societies
Without Borders pp.175-192.
[xvii] O
Nwankwo, Female Genital Mutilation
(IRDOC Publication Education series No. 15 Enugu. Fourth Dimension Pub. Co.
Ltd. (2002).
by Legalnaija | Jan 5, 2020 | Uncategorized
Technological advancements and the growing importance of the role they play in our lives have necessitated jurisdictions to take a deeper look into data protection with a view to ensuring that safeguards are put in place to handle the proper processing, management and storage of personal data.
Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) guarantees and protects the privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications. Although this provision can be said to generally protect privacy, it fails to adequately address data protection in light of current realities. Sector-specific legislations in Nigeria also contain provisions protecting privacy and confidentiality[1].
The National Information Technology Development Agency (NITDA) recently released the Nigeria Data Protection Regulation 2019 (NDPR 2019). Thus far, it is the most comprehensive data protection regulation in Nigeria.
The NDPR 2019 has the effect of protecting the personal data of Nigerian citizens and that of non-Nigerians who are resident in Nigeria.[2] Therefore the Regulation, like its European counterpart the General Data Protection Regulation (GDPR), not only applies to persons in Nigeria but it also applies to foreign entities outside Nigeria who handle data of Nigerian citizens. These entities are expected to comply with the Regulation when handling data of Nigerian citizens and foreigners who are resident in Nigeria.
Although this is laudable, it raises questions as to the practicability of enforcing the Regulation outside Nigeria. In spite of the difficulties that may arise in ensuring enforcement of the Regulation, the Federal Government of Nigeria recently made a move to investigate popular smartphone application Truecaller over allegedly violating privacy rights of Nigerians.[3]
Scope and Application of the NDPR 2019.
A cursory look at the Regulation reveals that the major players in Nigeria’s data protection regime are the Data Subject, the Data Controller and the Data Administrator. The Regulation defines the terms as follows under Regulation 1.3:
‘ix. “Data Administrator” means a person or an organization that processes data
x. “Data Controller means a person who either alone, jointly with other persons or in common with other persons or a statutory body determines the purposes for and the manner in which Personal Data is processed or is to be processed.
…
xiv. “Data Subject” means any person, who can be identified, directly or indirectly by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity…’
The type of data that is the subject matter of protection as envisaged by the Regulation is “Personal Data”. The main feature of Personal Data is that it should relate to an identified or identifiable natural person.[4] This reveals that the Regulation did not have data from a legal person in mind when considering the guiding principles of data processing. The possible effect this may have on legal persons is, however, yet to be seen.
The Regulation mentions the term “Sensitive Personal Data” to mean data relating to religious or other beliefs, sexual orientation, health, race, ethnicity, political views, trades union membership, criminal records or any other sensitive personal information.[5] However, a detailed examination of the Regulation shows that no distinction is made in the protection that is to be accorded to Sensitive Personal Data.
The Data Controller has certain responsibilities to the Data Subject. Before data can be lawfully processed, consent must be obtained from the Data Subject. Regulation 2.3(1) provides that the specific purpose of data collection must be made known to the Data Subject. Consent must have been obtained without fraud, coercion or undue influence. The provision governing the consent requirement emphasizes the importance of transparency and ensuring that consent is freely granted.
By virtue of Regulation 2.3(2)(c), a Data Subject has the right to withdraw their consent at any time. However, the Regulation goes on to state that the withdrawal of such consent does not affect the lawfulness of processing based on consent that took place before said consent was withdrawn.
Regulation 3.1(1) makes it mandatory for the Data Controller to provide any information relating to processing to the Data Subject. The information should be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Likewise, the Data Controller must inform the Data Subject about the purpose(s) of the processing.[6]
Regulation 4.1(2) mandates every Data Controller to designate a data protection officer to ensure compliance with the regulation, relevant data privacy instruments and data protection directives. The Data Controller may outsource data protection to a verifiably competent firm or person. This may have the effect of creating jobs and business opportunities through creating a need for data protection officers and experts.
Personal data is to be protected from hazards and data breaches such as theft, cyberattack, viral attack, dissemination and manipulation.[7] Those involved in data processing or control of data have the responsibility of developing security measures to ensure data security. By virtue of Regulation 2.7, data processing handled by a third party shall be governed by a written contract between the third party and the Data Controller. Such third party will be required to adhere to the provisions of the NDPR 2019. In situations where personal data is transferred to a foreign country for processing, Regulation 2.11 places such transfer under the supervision of the Attorney General of the Federation.
Conclusion
NDPR 2019 is indeed a welcome development as far as Data Protection in Nigeria is concerned. Data security increases trust and can positively impact investment in the digital space. In spite of the initial skepticism involved in the possibility of its enforcement, it is important for organisations to ensure compliance to avoid being liable.
[1] For example, see Section 38(5) Cybercrime (Prohibition, Prevention, etc.) Act 2015
[2] Regulation 1.2(b) NDPR 2019
[3] Adeyemi Adepetun, “FG moves against Truecaller over alleged breach of privacy in Nigeria,” The Guardian, September 25, 2019 < https://guardian.ng/technology/fg-moves-against-truecaller-over-alleged-breach-of-privacy-in-nigeria/ > (Accessed on September 26, 2019)
[4] The Regulation provides examples of identifiers that can be used to identify a natural person: a name, an identification number, location data, an online identifier, address, photo, email address, bank details, social media posts, medical information, factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, or unique identifiers that include MAC address, IP address, IMEI number, IMSI number, SIM, Personal Identifiable Information (PII), etc.
[5] Regulation 1.3(xxv) NDPR 2019
[6] Regulation 3.1(7)(c) NDPR 2019
[7] Regulation 2.1(1)(d) NDPR 2019
Judy-Vallery Imasuen is Tech lawyer with over a decade of experience in programming. She has her expertise in intellectual property law, blockchain technology and artificial intelligence. She can be contacted through imasuenjudy@gmail.com.
by Legalnaija | Jan 4, 2020 | Uncategorized
Over the last few weeks, PRAI Nigeria has been visiting correctional centres for children (below the age of 18). Kids in these centres have either committed a crime, been regarded as children beyond parental control or were found homeless and wandering on the streets.
The visits by PRAI Nigeria commence with a brief introduction of what the Juvenile Justice Support Program is all about and the purpose for paying them a visit followed by brief sessions focused on encouraging the juveniles to take charge of their lives and determine to lead a better law abiding and successful life.
For instance, Suliat Subair, Adebara Adebimpe, Mr Victor & Mr Ahmad discussed “MAKING A CAREER OUT OF YOUR GIFT”, an interactive and story telling session as the panelist shared their personal stories on what gifts they have and how they have made it a source of income and in fact a career. The kids asked questions and got satisfactory answers.
Furthermore, the kids were divided into groups where each group partook in different activities like SCRABBLE, MONOPOLY and DESIGN THINKING SESSION. The kids showed exceptional knowledge and enthusiasm towards these activities,they picked up the techniques of the game real quick and even challenged themselves.
As feedback, the kids from the Design thinking session came forward to present what they had learnt. They dealt with various topics,identified key issues as well as feasible solutions to solving them.
To round it all up, the group played a final game tagged “YOU THINK YOU KNOW NIGERIA?” A game of cards with various questions and answers on the history,composition and other general knowledge about Nigeria. The kids at this point also did excellently well,they gave well thought answers and only missed few of the questions.
In all,it was a great experience as the kids responded pretty well to our one on one conversations with them. According to a participant “We saw promising leaders, who only need the right parental support,societal protection and guidance to excel in whatever field”.
PRAI hopes to do more for these kids and bring out the best in them and will be visiting the Juvenile detention centres at Oregun, Ikeja and Idi – Araba on the 4th of Januar, 2020.
by Legalnaija | Jan 1, 2020 | Uncategorized
Yes, it’s the first TGIF in 2020 and you might decide to rock the weekend in a pair of trendy shoes or sneakers BUT have you ever wondered how much LAW goes into producing those fancy shoes for you?
Here is a rundown of fun facts about your shoes.
1. It’s Trademarked
If the designer of your shoe is worth its salt, then it has definitely definitely Trademarked its name and logo.
2. Patent & Desings
Did you know that
Nike’s trademark for its “Air Force 1” shoe covers the stitching on the outside, the design of the panels on the outside, the design of the eyelets for the laces, the design of a vertical ridge pattern on the sides of the sole, and the placement of those features in relation to each other.
3. Contracts
Obviously someone was employed and paid to make your lovely pair of shoes. That relationship is based on an employment and all necessary employment laws and statutes will apply.
4. Contracts
Some of the contracts and agreements concerning your hot and trendy shoes may include wholesale and retail contracts between the manufacturers and sellers. Not to exclude any manufacturing contracts that may also apply.
So when rocking your shoes, respect the law that made it available for your style pleasures.
@Legalnaija
by Legalnaija | Dec 30, 2019 | Uncategorized
May 2013 marked the Golden Jubilee
celebrations of the formation of the Organisation of African Union/ African
Union and African heads of state and government signed the 50th Anniversary Solemn Declaration .
The declaration marked the re-dedication of Africa towards the attainment of
the Pan African Vision of An
integrated, prosperous and peaceful Africa, driven by its own citizens,
representing a dynamic force in the international arena and Agenda 2063 is the
concrete manifestation of how the continent intends to achieve this vision
within a 50 year period from 2013 to 2063.[1]
African Leaders recognized the need to refocus and reprioritize Africa’s agenda
to an inclusive social and economic development, from the struggle against
apartheid and the attainment of political freedom and economic development.
Agenda 2063
integrates the 2030 Agenda for Sustainable Development (Sustainable Development
Goals), which is a commitment to eradicate poverty and achieve sustainable
development by 2030 world-wide, ensuring that no one, that is
no country is left behind.[2]
Agenda 2063 encapsulates not only Africa’s aspirations for
the future but also identifies key flagship programmes which
can boost Africa’s economic growth and development and lead to the rapid
transformation of the continent.
In Agenda 2063,
are laid out seven key aspirations for Africa: inclusive growth and sustainable
development; good governance and respect for human rights; a strong cultural
identity; people-driven development; and an Africa that is a global player and
partner. Agenda 2063 has been termed a strategic framework for inclusive and
sustainable development to make Africa, a dominant player in the global arena.
It is
interesting to note that Agenda 2063 is to be run in a series of five ten year
plans over the fifty year horizon of Agenda 2063’s time frame. The First Ten
Year Implementation Plan (FTYIP) of Agenda 2063, (2013 – 2023) is the first in
the series and it is currently on.
The purpose for developing the ten year plans
are to:
- Identify priority areas, set
specific targets, define strategies and policy measures required to
implement the FTYIP of Agenda 2063.
- Bring to fruition the Fast Track
programmes and initiatives outlined in the Malabo Decisions of the African
Union (AU) to provide the big push and breakthroughs for Africa’s economic
and social transformation.
- Provide information to all key
stakeholders at the national, regional and continental levels on the
expected results / outcomes for the first ten years of the plan and assign
responsibilities to all stakeholders in its implementation, monitoring and
evaluation
- Outline the strategies required to
ensure availability of resources and capacities together with citizen’s
engagement in the implementation of the First Ten Year Plan.[3]
Africa is expected to show improved
standards of living; transformed, inclusive and sustained economies; increased
levels of regional and continental integration; a population of empowered women
and youth and a society in which children are cared for and protected;
societies that are peaceful, demonstrate good democratic values and practice
good governance principles and which preserve and enhance Africa’s cultural
identity. [4]
THE ROLES
OF YOUNG PEOPLE IN THE ACTUALIZATION OF AGENDA 2063
Helen Keller once said, ‘It
is not possible for civilization to flow backwards while there is youth in the
world. Youth may be headstrong, but it will advance it allotted length.’ For
Africa to experience the positive transformation, she desires, the youths have
a great role to play, they are very vital to championing the course of Agenda
2063.
The future
success of the world rests with the continued commitment and contributions of
the young people in promoting sustainability. This relates to Africa, which has
the youngest and fast growing population in the world. According to UNDP
Africa, “By 2055 the continent’s youth population (aged 15-24), is expected to
be more double the 2015 total of 226 million.” This can offer a possible
demographic dividend to reap the benefits for the continent in the next coming
years.[5]
The writer would
discuss the roles, the youth can play and can take up to achieve Agenda 2063
under the seven key aspirations for Africa.
OUR ASPIRATIONS FOR THE AFRICA WE WANT
1. A
prosperous Africa based on inclusive growth and sustainable development:
Youths can help Africa become prosperous by embracing the entrepreneurship
spirit. Youths should regard themselves as individuals, capable of creating
wealth and reducing the rate of unemployment in Africa. Youths all over Africa
should network and empower themselves. Young people should become social actors
of change and progress.
2. An integrated continent, politically united
and based on the ideals of Pan-Africanism and the vision of Africa’s
Renaissance: The continuous existence of an African Continent free of
disunity and neo-colonialism, is up to the youths. Africa’s history is full of
instances of the disruption of the political order and the youths have a great
role to play for Africa to be politically united.
The youths have
to be more politically conscious and be engaged in the governance of their
respective countries. The youths must carry out actions and show a high level
of discipline to help preserve the African descent and way of life. The youths
must try as much as possible to wade off the negative influence of the western
culture on Africa’s culture.
Pan-Africanism
and African Renaissance stress the need for a collective self-reliance. African
countries must support one another to develop at a collective rate. At this
point, the initiative of the African Continental Free Trade Area, must be commended.
The youths have to network and create an all-African alliance that would
empower African people globally. The Government of every African Country must
do all they can, to prevent the migration of youths out of the Continent. Also,
the youths must be the major participants in economic involvement on the
continent.
3. An
Africa of good governance, democracy,
respect for human rights, justice and the rule of law: The youths must
stand up to the occasion and act as watchdogs to the Government of their
respective countries. Youths are the best agents of social change. They are
capable of initiating the consciousness and participation that would make
respective governments accountable to its people. The youths should get
involved in politics and query the unfavourable policies of the government and
the acts of all public office holders.
The youths
should speak up whenever the respect for human rights is being breached. The
youths should ensure that the rule of law is being adhered to; the youths
should also keep a close eye on the Judiciary and ensure that Justice is served
at all times.
The young can
therefore contribute by organizing themselves in small groups of leadership,
civil groups that counter check and fight for democracy and human rights. These
small groups of leadership can participate in policy level, also rally fellow
youth to participate in democratic activities such as elections and also
encourage each other to run for offices that coincide with their voting ages.
4. A
peaceful and secure Africa: It is saddening to note that anywhere in the
world, the youths are the major participants in crime. Time is running out for
Africa to ‘silence the guns by 2020’ and end all wars – a target set by the
African Union (AU) in its Agenda 2063
plan for a peaceful and secure Africa. With greater youth involvement in
Africa’s peace processes, this target might be more achievable.[6]
Young people have directly felt the consequences of violent conflict in Africa.
The fall of president François Bozizé in 2013, for example, plunged the Central
African Republic into conflict. This led to high unemployment, exclusion from
political participation and extreme poverty, making the Central African
Republic the worst
country in the world to be a young person.
The youth must be included in peace processes
if the guns are to be silenced in Africa by 2020, the youths should also
participate in the African Union’s new Youth for Peace Africa Programme,
launched in Lagos, Nigeria, on 4 September 2018.
There are
specific actions that the AU needs to take to give all African youth the chance
to be peacemakers through Youth for Peace Africa. First, it needs to define the
duties that the youth are expected to play in peace processes. This includes
what youth are required to do at local, national and continental level. Second,
the AU should encourage states to dismantle social, economic, institutional and
geographic obstacles that prevent young people from playing leading roles in
conflict resolution. Third, ‘Youth for Peace Africa’ should push for a review
of peace and security policies of the AU and Regional Economic Communities to
ensure they enhance the visibility and rights of young people. The African
Union should also consider making ‘Youth for Peace Africa’ an integral pillar
of the African Governance Architecture
Youth Engagement Strategy.[7]
Young people make up the majority
of Africa’s population. They need to be seen – not just as part of the problem
or as victims of conflicts – but as a positive resource that can help the
continent achieve sustainable peace. What the youths need to do is to rise up
to the challenge and resolve that Africa must be a peaceful continent.
5. An
Africa with a strong cultural identity, common heritage, shared values and
ethics: The youths have a role to play to ensure that our diversity in
culture, heritage, languages and religion shall be a cause of strength and
unity in Africa. If the youths can break all forms of differential barriers,
Africa is on her path to great fulfilment. The youths have an important role as
drivers of change. The youths must
champion the course of an inter-generational dialogue, which will ensure that
Africa as a continent adapts to social and cultural change.
6. An
Africa whose development is people-driven, relying on the potential of African
people, especially its women and youth, and caring for children: Over
years, the continent that has suffered brain-drain, the most, is Africa. This
has really affected in every aspect of her existence. The youths must be
actively involved in the decision making process in all aspects of development,
including social, economic, political and environmental.
The youths
should empower themselves in all spheres of life. The youths should fight against all forms of
gender-based violence and discrimination (social, economic, political) against
women. The youths should embark on awareness programs and ensure that all
harmful social practices (especially female genital mutilation and child
marriages) be ended and barriers to quality health and education for women and
girls eliminated.
The youths
should clamour for full gender parity, with women occupying at least 50% of
elected public offices at all levels and half of managerial positions in the
public and the private sectors. The youths are capable of making this happen.
Also, the youths should devote themselves to innovation and entrepreneurship.
7. Africa
as a strong, united and influential global player and partner: The youths
should harness their potentials and portray a good image of the continent
abroad since they account for the bulk of Africans in Diaspora. The youths
should undertake to continue the global struggle against all forms of
exploitation, racism and discrimination, xenophobia and related intolerances;
to advance international cooperation that promotes and defends Africa’s
interests. The youths should speak with one voice and act collectively to
promote our common interests and positions in the international arena.[8]
The youths should speak with one voice on priorities and views on global
issues.
CONCLUSION:
The youthful population of Africa can
help to actualize the agenda 2063 if they are empowered and engaged.
Empowerment of the young people regardless of sex will create a self-sustaining
pool of young people that are ingenious and talented. The youth can do peer to
peer mentorships, health and sex education that will help bring about healthy
and well-nourished citizens.[9]
Consecutively,
climate change is currently a world problem with repercussions being felt
heavily on Africa. The youths around the continent should mobilize each other
towards sustainable use and protection of natural resources through start-ups
on conservation and initiatives that seek to leverage on renewable energy,
water resource management, rehabilitating lands by planting trees and
advocating towards all that through activism. The youth can voice their
opinions against deforestation which is fundamentally challenging the existence
of livelihoods; it increases a continent’s risk of experiencing disasters such
as extreme drought and floods.
The young people
of today are the force, hope and leaders of tomorrow. The position of the young
people in achieving Agenda 2063 is very vital, allowing for participation and
inclusion of them in policy making in all the sectors will bring fresh
perspective to handle modern problems. Our role as African youths lies in or begins with grassroots implementation.
Finally, the
youth must embrace education and exposure.
[6] https://reliefweb.int/report/world/africa-s-youth-gain-recognition-peacemakers
[7] https://reliefweb.int/report/world/africa-s-youth-gain-recognition-peacemakers
[8] https://www.un.org/en/africa/osaa/pdf/au/agenda2063.pdf
by Legalnaija | Dec 30, 2019 | Uncategorized
The concept of tax is as old as mankind
itself and had taken different shapes and dimensions dating back to the
earliest primitive period to the present modern time. It should be noted that
there is no legislative definition for tax; hence there has been various
definitions and meanings given by various authors. Tax has been defined as a fee charged
by a government on
a product, income
or activity. Tax is defined
as “the
compulsory exaction of money by a public authority for public purpose or
raising money for the purpose of government by means of contribution from
individual persons.”
Already
since ancient times, sport has played an important role in human life,
providing health and social benefits, entertainment and leisure. Competitions
and championships, inherent in the pursuit of sport, have always attracted
athletes and spectators alike, as celebrations of universal values, fair
competition and human skills. However, it soon became apparent that athletic
meetings may also serve as an effective political, sociological and marketing
tool, given their enormous potential to communicate messages to a mass
audience. Sports mega-events, such as the Olympic Games and the soccer World
Cup, are now a powerful business machine, fueled by modern media and generating
huge revenues. At the heart of this phenomenon are athletes who can derive
significant benefits from participating in the sports events. The types of
income that the players receive from competitive sports, and related tax
implications, are the most complex and diverse in the case of international
events involving numerous athletes from various countries.[1]
Article
17 of the OECD Model Tax Convention on Income and on Capital adopted by the
Organisation for Economic Co-operation and Development (OECD) as it read on 22
July 2010 (the “OECD Model”) provides for the taxation of international
athletes. This provision provides a special rule for the allocation of taxing
rights, which only applies to performing artists and sportsmen. With respect to
Article 17(1) of the OECD Model, income derived by a resident of a contracting
state obtained as an entertainer, such as a theatre, motion picture, radio or
television artist, or as a musician or sportsman, from his personal activities
as such exercised in the other contracting state, may be taxed in that other
state. Article 17(2) of the OECD Model states that if the income in respect of
personal activities exercised by an entertainer or sportsman in his capacity as
such accrues not to the entertainer or sportsman himself but to another person,
then that income, notwithstanding the provisions of articles 7 and 15, may be
taxed in the contracting state in which the activities of the entertainer or
sportsman are exercised.
The
primary right to tax certain income of athletes falls to the state of
performance of sporting activities (taxing state) even if businesses in some
other states are not performed through a permanent establishment situated
therein, to which income covered by article 17 of the OECD Model may be
attributable. Similarly, income of an athlete who provides services in the form
of employment is taxable in the taxing state, regardless of the length of stay
of the athlete in that country, and regardless of who bears the costs of
remuneration. This means that the 183-day rule resulting from article 15(2) of
the OECD Model does not apply in the case of sportsmen. In their bilateral
relations, most countries use article 17 of the OECD Model when they negotiate
agreements on the avoidance of double taxation. By including an equivalent of
article 17 in a double tax treaty, the source state can protect its taxing
right that often would be excluded in the light of the general principles laid
down in articles 7 and 15 of the OECD Model, due to the fact that sports events
typically do not require a prolonged presence in the state of performance.[2]
The
consequence of double taxation is to tax certain activities at a higher rate
than similar activity that is located solely within a taxing jurisdiction. This
leads to unnecessary relocation of economic activity in order to lower the
incidence of taxation, or other more objectionable forms of tax avoidance. The
problems that double taxation presents have long been recognized, and with the
growing integration of domestic economics into a world of economy, countries
have undertaken several measures to reduce the problem of double taxation.
Article
17 of the OECD Model allows the taxing state to impose tax in accordance with
national law. This provision does not contain any restrictions regarding the
tax base, tax rate or tax collection forms. Moreover, it lacks the rules on deductibility
of expenditure. All of these elements are left to the national tax laws of the
taxing state. As part of its internal system of tax on personal income, the
country may also waive the right to tax athletes at source or design friendly
tax regimes for particular sporting events. In the light of article 17, the
residence state of the athlete also retains the formal right to tax. This
provision constitutes an open distributive rule, which indicates that the
income “may” be taxed in the taxing country, but fails to grant that state the
exclusive right to collect the tax. The issue of taxation of income from sports
activities in the country of residence thus remains open, which means that if
the taxing state grants certain tax exemptions for athletes, and the state of
residence exempts income from tax under national law or an agreement on the
avoidance of double taxation, it may result in double non-taxation. If both
states use their taxing rights, the necessity to grant the exemption by the
residence state or permit the deduction of the tax paid at source from tax
payable in the country of residence depends on article 23A or 23B of the OECD
Model. These regulations give rise to numerous problems of interpretation and
practical difficulties even in the case of cross-border activities of
individual athletes, and international multi-participant sports competition
raises doubts that call into question the appropriateness of the tax treatment
model proposed by article 17 of the OECD Model, based on unlimited taxation at
source.[3]
Given
the current situation of the taxation of international atheletes as brilliantly
enunciated by the OECD, the writer is convinced that there is a need to review
the OECD Model to ensure that international sports atheletes do not evade
payment of tax either at the taxing state or the state of residence and also
ensure that the international athletes are not subject to unnecessary taxation
and in fact double taxation; hence the goose that lays the golden egg does not
die.
Oluwatobiloba Adesemowo
Tobi is a tax and sports lawyer. He is currently a management
strategist at Lagos Tigers Football Club. He is also a tax associate at SIAO
partners. During his leisure, he loves to research on sports and tax related
issues.”
