Effective Implementation of the National Legal Aid Strategy (2017 -2022)

by Legalnaija | Aug 16, 2019 | Uncategorized

The incorporation of legal
aid strategy to the Nigerian justice system is one of the greatest innovations
of the Nigerian Legal System. The council was established as far back as 1976
by the Military Government and existed to provide legal aid, assistance and
generally free access to justice to the society’s poor and indigent. The
enabling Act now is the Legal Aid Act 2011. 

Legal Aid is offered to
indigent and economically disadvantaged Nigerians who are unable to defend
themselves in court. So many Nigerians who cannot for any reason whatsoever
afford the services of a lawyer are still unaware of this welcome development.
The importance of legal aid was enshrined under Section 46(4) of the 1999 Constitution
of the Federal Republic of Nigeria. This constitutional provision posits that
an accused person be provided with financial resources with which he can
exercise his right to counsel.

 The Legal Aid has expanded the scope of the
previous statutory mandate of the Legal Aid Council of Nigeria (LACON). In
order to ensure access to legal aid,  the
United Nations Office on Drugs and Crime (UNODC) organized a workshop which was
aimed at developing a five year National Strategy for the implementation of
legal aid in Nigeria. UNODC would be supporting LACON in a number of activities
such as ADR, training in IT and so on. This project is funded by the European
Union (EU) and it is implemented at the federal level and ten states of the
federation which are Imo, Osun, Lagos, FCT, Yobe and so on. 

The question that arises
here include the following: Is five years sufficient to achieve all that needs
to be achieved in the justice sector? What have already been done in 2017, 2018
and towards the half quarter of 2019? What are the challenges encountered by
UNODC? 

The various questions,
issues and challenges of the effective implementation of the National Legal Aid
Strategy and the way forward would be discussed at the Plenary Session of the
NBA Annual General Conference scheduled to hold on;

Date:
Wednesday, 28^th August 2019

Time:  11.00 – 12.30

Venue:
Lantana, Eko Hotel

Speakers:          

Chair: Tunde Ladipo

Lead Speaker: Dr. Uju Agomoh

Panelists: 
Director General, Legal Aid Council of Nigeria

                     Pro Bono and Access to Justice
Committee

           

Operations by Security Agents: Rules of Engagement v. Human Rights of Citizens

by Legalnaija | Aug 16, 2019 | Uncategorized

Crime and security has always
been a major problem in several nations. Nigeria is not an exception to
this.  The protection of a nation depends
on the strength of its security agencies. In Nigeria, several steps have been
taking to curb crime in the federal, state and local government level. Security
agency is a governmental organization which conducts intelligence activities

for the internal security of a nation. For example in America, there is the FBI
(Federal Bureau of Investigation). There is no centralized security agency in
Nigeria. The DSS (Department of State Services) in Nigeria is responsible for
the protection of senior government officials particularly the president and
governors. 

In Nigeria, at the federal
level, security agents comprise the Police, Army, Immigration Service, Customs
Service, DSS, Civil Defense Corps and so on.  There has always been an overlap in the
functions of these agencies. 

The Agency which has been
bothering Nigerians is SARS (Special Anti Robbery Squad). In 2009, SARS found
its way into Nigerian Universities to curb internet fraud and cultism. Ten
years later, that is not what we have today. SARS go against Nigerian youth with
dreadlocks, piercings, expensive cars and mobile phones. This has led to the #endSARS
campaign because of the constant abuse by these operatives. 

The problem with these
security agents including SARS is corruption. They brutalize citizens and get
away with it. Police officers who are to safeguard the citizenry kill because
of bribe. The Constitution safeguards the human rights of every Nigerian. Such
rights include the right to life, the right to the freedom of movement, the
right to personal liberty, and so many others which have been deliberately
ignored by these security agents. The most common is the detention of
protesters by these security agents who have a right to freedom of assembly and
freedom of speech.

The importance of security agencies
to any nation cannot be overemphasized as they are solely responsible for the
security and protection of life and properties in Nigeria. However, a line must
be drawn to ensure that the human rights of citizens are safeguarded while
pursuing their functions. 

The questions that easily
come to mind are: what is the punishment available to erring officers who
deviates from the rules of engagement? What is the thin line between the rules
of engagement and human rights?

The various questions and
issues on operations by security agents and the way forward would be discussed
at the Plenary Session of the NBA Annual General Conference scheduled to hold
on;

Date:
Wednesday, 28^th August 2019

Time:  11.00 – 12.30

Venue:
Lantana, Eko Hotel

Speakers:          

Chair: Chief of Army Staff

Lead Speaker: Stanley Ibe

Panelists: 
Major General Shalangwa (IGP)

                    Ogechi Ogu

                    Security Committee

                                  

A Future Fit Legal & Regulatory Framework For Corporations In Nigeria

by Legalnaija | Aug 16, 2019 | Uncategorized

Corporate Governance is
essential if we would like to see our industries and companies grow in Nigeria.
The advantage of this is that it will promote public awareness of essential
corporate values and ethical practices that will enhance the integrity of the
business environment. Companies essentially must demonstrate a commitment to
good governance practices by increasing transparency, trust and integrity. Also
to creat an environment for sustainable business operations. 

Most definitely, this would
result in building public trust and confidence in the Nigerian economy,
thus facilitating increased trade and investment.

Companies that are run
efficiently and responsibly run will perform very well and ultimately contribute to
strengthening the economy. The forms of companies that had good corporate
governance are all encompassing including public, private and non – profit
organization we must however note that corporate governance is not just about
how a company is directed and controlled but also about how to maximize
performance and ensure accountability to stake holders.

Corporate governance is  increasingly becoming a very significant aspect
of business and organizational management, extending to international politics
and trade Laws.

Major elements of corporate
governance include

1.    
Good board practices.

2.    
Controlled environment

3.    
Transparent disclosure

4.    
Defined stakeholders rights

5.    
Accountability

6.    
Fairness

7.    
Independence

During
the NBA – AGC, many Lawyers will come together to discuss this topic and how to
chat a course going forward.

It
would be great for Lawyers at the AGC to join the session and understand their
rules.

@Legalnaija.

Brexit and African Trade | An #NBAAGC2019 Session

by Legalnaija | Aug 16, 2019 | Uncategorized

With the exit of Britain
from the European Union, now popularly called Brexit, there remains an
uncertainty for the future of Britain especially as it relates to African
Trade, most especially what are the consequences for Africa. 

While there are some schools
of thought which say Post-Brexit Britain will be African’s largest G7 investor,
for many, this may not be the case.

According to the UK’S trade
Commissioner for Africa, Emma Wade- Smith Brexit is an opportunity not a
threat, with Britain poised to improve an existing EU trade agreements and
invest billions in Africans growth. 

Most definitely, Trade
between Africa and the UK is growing, according to figures from the British
office of National Statistics (ONS), UK-Africa trade increased 7% to 33.1BN
Pounds in 2018. More so, according to Jeremy Hunt, British deals in Ghana and
Nigeria worth E82m ($108m).

News that the British
government also plans to put in place a Trade Preference Scheme for
approximately 70 developing countries, which will provide the same level of
access as the current EU Generalized Scheme of Preferences is good news for
African Countries.

Generally, depending on the
general focus of the UK government and ability of Africa nations to prepare for
British investment, the future will hold a number of truths for the African
Continent and the UK.

To be better prepared, nations
in Africa such as Nigeria must begin to position itself as big trading spots
within the continent. Most especially, Nigeria has to begin to see how it can
grow its manufacturing capacity and reduce its imports from foreign countries.

This topic will be
adequately discussed at the upcoming Annual General Conference of the Nigerian
Bar Association.

Quite a number of experts
will be on hand to deliberate the issue and it would be great for lawyers to
learn her roles and how they can better participate in the UK-Africa
relationship.

So what does Brexit mean for
Africa, join the discuss at the AGC.

@legalnaija

Artificial Intelligence in ADR: The changing face of dispute resolution

by Legalnaija | Aug 16, 2019 | Uncategorized

Dispute resolution refers to
the various ways in which parties resolve dispute between themselves. Some of
these forms of dispute resolution techniques include Litigation, Arbitration
and Mediation to mention a few.

However, with the advent of
technology, there has been quite a number of ways with which IT has helped
evolve the various forms of ADR mechanisms.

For instance, with the
introduction of social media, some of the audio and video streaming features of
the application have come in very handy. 

However, it is important to
note that there is another form of technology looking to disrupt the way we
resolve dispute and this is via Artificial Intelligence. 

Right now, there are
applications all over the world that continue to revolutionize the way we
resolve conflicts. Some of these AI inspired tech include the use of bots in
researching the legal position that surrounds an existing dispute and how much
success can be gotten in case the matter is pursued to court.

It is noted that there are
far possibilities of how AI can affect ADR including:

1.
AI could be a tool for the mediator

2.
AI could be an arbitrator and even an adjudicator.

Not all these possibilities
are fully operational but it is great to note that many scientists’ and
stakeholders are doing a lot to drive this agenda.

A number of stakeholders in
the Nigerian space will also be coming together during the NBA-AGC to discuss
how AI can better improve our resolution mechanisms within the country.

It would be great to have a
member of lawyers to join this discuss and participate in the sessions. 

@Legalnaija

Implementing SDG 5 (Gender Equality and Female Empowerment)

by Legalnaija | Aug 16, 2019 | Uncategorized

The Sustainable Development
Goals are a collection of 17 goals set by the United Nations General Assembly
in 2015 for the year 2030 as its target date. The goals are expected to be
achieved in a span of fifteen years.. The goals are broad and interdependent of
each other, yet, they have different targets to achieve. These goals replaced
the Millenium Development Goals (MDGs). 

SDG 5 is on gender equality
and female empowerment. Encouraging female empowerment and promoting gender
equality is crucial to accelerating sustainable development. There need to be
an end to all forms of discrimination against women and girls. Discrimination against
women and girls can be seen in various settings of the country. For example, significant
gaps between men and women in the labour market, discrimination in the
political arena, lack of gender parity in education especially in the North,
disproportionate burdens of domestic work.

The major reason for gender
inequality stems from our cultural orientation that women/girls are the weaker
sex. This is very prevalent in African countries especially Nigeria. Women are
relegated to the role of house wives and is expected to settle for a career
where “she would have sufficient time for the family” as opposed to actualizing
her dreams. In most Nigerian homes, the female and male child are trained and
brought up differently. The girl child is taught to serve and cater for the
needs of her brother.

The manner in which SDG can
be implemented is by ensuring that there is an end to all forms of discrimination
against women, promoting economic empowerment and financing to the woman as
opposed to the belief that the man is the breadwinner, ensuring participation
and leadership in decision making, ensuring women’s autonomy over their health
and body and so on.

The Nigerian government is
to ensure that the sustainable development goal on gender equality and female empowerment
is implemented by way of legislative intervention putting an end to all forms
of discrimination and gender disparity. 

The questions that arises
here is: What is the Nigerian government doing to ensure that SDG 5 is
implemented? 

The various questions, issues
and challenges of the implementation of SDG 5 and the way forward would be
discussed at the Plenary Session of the NBA Annual General Conference scheduled
to hold on;

Date:
Wednesday, 28^th August 2019

Time:  11.00 – 12.30

Venue:
Zinnia, Eko Hotel

Speakers:          

Moderator: Alhaji Aliko
Dangote

Panelists: 
Herbert Wigwe

                    Dr. Abiola Akiyode-Afolabi

                    Hilary Ogbonna

                      

Maximizing the synergy between the Bar and the Bench

by Legalnaija | Aug 16, 2019 | Uncategorized

To ensure proper
administration of justice, there must co-exist a relationship between the Bar
and the Bench. The kind of relationship in this regard is a professional
relationship only to be seen in the courtroom.  The Bench and Bar are members or parts of the
same body, the justice system. They perform different functions to ensure that
justice is not just done but seen to be done. In the discharge of their various
functions, whatever appears to be adverse to justice must be fought jointly by both
the Bar and Bench. 

On one hand, one way of
ensuring a peaceful co-existence between the Bar and the Bench is to ensure
that the Bar observe the rules of professional conducts when performing their
functions. The Bar is not allowed to file unnecessary and frivolous
applications, must not seek unnecessary adjournment that would cripple the
case. They are not required to abuse or harass the Bench.

The court is the temple of
justice and the Bar and Bench are both ministers of the temple. Their object is
the attainment of justice. The Bench also, in performing his functions is to
show respect and protect the Bar. There are judges who use uncourteous and
uncouth languages when addressing the Bar. 

The question that arises
here is how to maximize the synergy between the Bar and the Bench and ensure a
co-operation amongst these two in the attainment of justice.

The various questions, issues
and challenges of maximizing the relationship between the Bar and the Bench and
the way forward would be discussed at the Plenary Session of the NBA Annual
General Conference scheduled to hold on;

Date:
Wednesday, 28^th August 2019

Time:  9.00 – 10.30

Venue:
Jasmine, Eko Hotel

Speakers:          

Moderator: O.C.J Okocha, SAN

Panelists: 
Hon. Justice Otisi, JCA

                    Dele Oye Esq

                    Folasade Alli

                    Ken Mozia SAN          

10 Things No One Knew At Law School – Learning To Practice Or Practicing To Learn.

by Legalnaija | Aug 16, 2019 | Uncategorized

You will agree the education
of a lawyer should not be left only to the Nigerian Law school and continuous
learning is a big part of every lawyers career.

Moreover, this is true
because there are quite a number of things the fresh lawyer is not exposed to
in the law school, these includes

1.     How
to run a Law a firm.

2.     How
to make a law firm profitable.

3.     How
to manage staff.

4.     How
to get briefs and the art of rain – making.

5.     How
to decide a perfect law firm structure.

6.     How
to build a relationship with other members of the bar.

The above mentioned list is
inconclusive as there are a great many things lawyers are not taught in law
school. This brings to the fore, the importance of pupillage in a lawyer’s
career, especially a young lawyers.

As we start to build the
Lawyers of tomorrow, it is importance that we begin to look carefully into
their careers and how to better prepare them for the uncertain future that lies
ahead.

Furthermore, we need to
stress the need for continuous education for all lawyers. This topic has been
set aside to be discussed at a breakout session of the Annual General
Conference of the Nigerian Bar Association.

Many senior lawyers and
erudite panelist will be on hand to share their experience and most certainly
younger lawyers must be in the room to learn from them.

@Legalnaija.

Widening the Tax Bracket : Role of Lawyers.

by Legalnaija | Aug 16, 2019 | Uncategorized

It is no secret that the Nigerian
government is seeking to utilize tax paid by citizens in advancing the country
due to the fact that all citizens are liable to pay the tax.

Furthermore, in this
process, obligation falls to the Lawyer as well – the duty of a legal
practitioner to tax payment can initially be captured by his role as a
Nigerian.  According to S.24 (f) of the
constitution and Section 41(5) of the personnel income tax 1993, which confers
more specific duty on all Legal Practitioners to take the returns of the income
and claims for reliefs and allowances relating to their income and claims for
reliefs and allowances relating to the preceding year within 90 days from the
beginning of the every year. Such lawyer is to obtain and complete the required
forms from the government designated banks and makes payment in line with the
minimum tax payable for his category.

Furthermore, law firms have
an obligation, subject to section 80 of PITA to deduct appointment tax from the
total emoluments of employees and remit same to the relevant tax authority on
or before the 10^th day of the following month.

In addition to the above, firms
also have an advisory duty to clients to submit for assessments, transactions
on sale of assets that attract capital gains tax and issues of stamp duties. All
these and much more would be discussed at the Annual General Conference of the
NBA coming up on between the 23^rd and 29^th of August,
2019.

It is important that lawyers
are on hand to join the discuss and participate. The issues of double taxation
of companies will also be examined at the breakout session and it is important
that all lawyers participate.

See you at the AGC.

@Legalnaija.

Keeping Up In The Creatives: Opportunities In The Sports, Media And Entertainment Industry

by Legalnaija | Aug 16, 2019 | Uncategorized

It is no secret that
Nigerian creatives are one of our biggest exports at this time as a country.
Nollywood is doing an amazing job and so are our artists, our fashion designers
and also our athletes. Moreso, the creative industry is directly responsible
for quite a number of employment figures in the country today.

From names like Davido,
Wiskid, Burna boy, Anthony Joshua, Olu Bakare and Omotola Jalade, their global
trails continue to blaze the Nigerian flag and way of life globally. One thing
the Nigerian creative industry however needs is support. Legal support from the
legal profession and political support from the government to enable them go a
long way.

For instance, the issue of
copyright that has always continue to stifle the industry due to the lack of
adequate government support. For this reason  creatives continue to suffer the harmful
effects of piracy. Obviously, there is a need to reposition the creative
industry in Nigeria and Lawyers have a huge role to play in exposing our
creative to potential markets and helping to structure deals that benefits the
Nigerian creatives.

Certainly, there must be a
gathering of all the Professionals in this space to foster better collaboration
and profitability. During the Annual General Conference of the Nigerian Bar
Association scheduled to hold between the 23^rd & 29^th
of August, 2019, Legal Practitioners will be coming allowing to discuss this
topic.

It would be an opportunity
for Lawyers to come together to draw – up a plan focused on the Nigerian
creative and role of Lawyers in that space. Obviously there are   a member of untapped opportunities in the
Nigerian creative space, for all stake holders including Lawyers and it would
be great to see lawyers deliberate a way to actively take part in the discuss.

Join other lawyers in the
breakout session titled keeping up with the creatives: opportunities in the
sports, media and entertainment industry, it promises to be an amazing time.

@Legalnaija