The Rule of Law is a
substantive legal principle. According to the Black’s Law Dictionary, 8^th
edition, Rule of Law is the doctrine that every person is subject to the
ordinary law within the Jurisdiction. It is a doctrine that general
constitutional principles are the result of judicial decisions determining the
rights of private individuals in the courts or under the rule of Law.  There are a plethora of judicial decisions
and the pronouncements which hold the view that the Rule of Law is sacrosanct
and of utmost importance.

The NBA President, Paul
Usoro SAN has also stressed about the Rule of Law in Nigeria. In his address at
the NBA NEC meetings in 20^th June, 2019, the honorable NBA President
stated – ‘’ I  must state that, in my respectful opinion,
the rule of Law lies prostrate in our land in guile some ways and areas ’’. 

The statement of the NBA
President is not far from the truth. We live in a country where the government
led by President Buhari has ignored the rule of Law on various instances and ignores
the fundamental human rights of Nigerians. 
Moreso, the administration has accorded itself the right to pick and
choose which court orders it wants to obey and which it wants to neglect. For
instance, despite the number of court decisions granting bail to the former
NSA, Dasuki, the DSS has totally refused to obey the order, this without any
regret or remorse from the government.

The security agencies are
also not left out of the discuss as the inhuman treatment of Nigerians
continues to be a part of our daily lives as a Nation. Recently we were also
not surprised to learn about the attack of citizens by members of the security
agencies for having a peaceful protest. As Legal practitioners, it is important
that we rise up to our role as priests in the temple of Justice and the
guardians of the Rule of Law. We cannot continue to sit idly by as the Rule of
Law is eroded by any government that does not care about the civil liberties
and freedoms of its citizens.

As lawyers get together to
discuss these topic at the upcoming Annual General Conference of the Nigerian
Bar association. It is important that all lawyers and stakeholders participate
in the discussions to create ways by which we can jointly ensure that our lives
matter and the rights of every Nigerian under the Constitution must be
adequately protected. Join the discussion and hope to see you there.

@Legalnaija.

Managing a law firm is an
art and as many would agree this art was not taught in Law school. One more
important point is that, great Law firm management can be what makes the
difference between a great Law firm and a mediocre one.

A popular aspect Law firms
must also concentrate on is having adequate financial skills as a form of Law
firm management. Being able to ascertain how much comes into a Law firm
periodically and keeping proper records will help catapult a Law firm into a
profitable one.

Financial skills will help a
Law firm keep a proper Legal practitioner’s account and ensure such firm does
not run afoul of the Rules of professional conduct. Furthermore, it should be
noted that Legal practice management is the body of the knowledge that deals in
the organization, work practices and management of Law firms.

It covers the recruitment of
staff and the provision of machines, equipment and supplies necessary for
running a Law firm. It includes the selection of office accommodation and the
facilities that must be available in a Law office. It also encompasses the
vocational skills that every Practitioner must possess.

From the above, it is
obvious that Legal practice management skills combine the Legal practice skills
and management skills, which are both essential for engaging in Legal practice.
Most certainly this is an area of Law that must interest Lawyers as it is
crucial to advancing  in one’s Legal
career.

During the NBA Annual
General Conference, this topic will be discussed extensively by lawyers at the
session. It will an amazing opportunity for Lawyers to learn about developing
their Law firms and careers. The session is a workshop session and it would be
amazing for all delegates who attend.

@Legalnaija. 

        

One of the greatest inventions of the modern time
is the internet whose impact on society has been hugely phenomenal. With the
internet, came social networks such as Facebook, WhatsApp, Twitter and
Instagram just to mention a few. All these collectively are referred to as
social media.

Social media are interactive computer-mediated technologies that
facilitate the creation and sharing of information, ideas, career interests and
other forms of expression via virtual communities and networks.  Social
Media has changed the way we communicate and relate with one another. It
enables you stay connected to people who may be thousands of miles away in real
time and allows us connect with others directly irrespective of location
anywhere in the world.

The
Global State of Digital 2019 report discovered that there are 98.39 million
internet users in Nigeria, compared to January 2018, there has been a 4 million
increase in the number of internet users.Despite this increase, overall
internet penetration remains quite low, with only 50% of the population
connected to the internet, compared to the global average of 57%. Of the 98.39
million Nigerian internet users, 54% access the internet on a daily basis while
only 12% (24 million) have active social media accounts. The report also found
that 3 hours 17 minutes is the average amount of time Nigerians spend using on
social media. This is higher than the global average, which is 3 hours 14
minutes.

It is
the position of law that every Nigerian is entitled to freedom of expression
and with the advent of social media and the growing number of  its users
within the country, there are numerous opportunities open to everyone to
express themselves. However, with this opportunity comes great responsibility
as many are familiar with the damage that can be caused by fake news. It is
important to note that everyone will be held accountable for the information
they share and it is important to note that a careless post on any social media
platform can incur grave consequences and liabilities. For instance, one must
ensure that a social media post is not defamatory in nature.

For
lawyers however, social media holds other problems asides being liable for
defamation and sharing false information. Due to their professional training,
lawyers are already mindful of what they say and where they say it, the Rules
of Professional Conduct (RPC) for lawyers in Nigeria places restrictions on the
use of the media and no one would want to breach the RPC for fear of the
effects it may have on their professional careers.

However,
Social media is not just a place to show off your thought
leadership in the legal world. It can also be a crucial place to engage
with your potential clients. As law firms directly communicate with the
communities they serve, social media becomes a natural way to reach people in
need and acquire new clients.

With
the high rate of internet penetration in the country and the growing use of
social media. Every business must aggressively employ the use of social media
to reach its targeted audience and market. Social media is a two-way channel
where you have an opportunity to build a rapport with your clients and
prospects.

At the
NBA – AGC, this topic will be discussed in one of the break out sessions, it is
hoped that you would be present to join the discuss.

@Legalnaija

---

The African Continental
Free Trade Agreement is a trade agreement which was signed in Kigali, Rwanda by
27 African Union member state. As at July, 2019, 54 countries have signed the
agreement. The signing of this treaty is to create the world’s largest single
market. 
I


The agreement would be the largest trade agreement in history and would
bring about economic prosperity of African nations removing barriers to trade,
like tariffs and import quotas thereby allowing a flow of goods and services. 

Africa is set to become
one of the fastest growing aviation regions in the world. While it is evident that
aviation in Africa has the potential to increase economic growth, poor
infrastructure and hike in ticket fares is one of the many challenges the African
aviation industry. Air travel within Africa is difficult. This trade agreement would
assist the aviation industry by driving down airfares in Africa and there are
also plans for visa-free travel for Africans across the continent. Some countries
have worked towards relaxing visa rules, for example, Ghana, Kenya, Namibia and
so on.

Most airlines in Africa
have been performing poorly over the years and it has caused a number of these
airlines to privatize the industry. Uninformed interference by the government
has undermined the success of these airlines. For example, the history of FGN
involvement in the aviation industry proves that Nigeria is at a competitive
disadvantage. With the African Continental Free Trade, there would be a unified
air transport market. The free trade pact offers Africa an opportunity to build
a formidable market in the aviation industry in these unsettling economic times.

The question that needs to
be answered in this regards are as follows: how would ACFTA improve infrastructure
and liberate the aviation industry? What are the any challenges that ACFTA
would pose on the aviation industry?

The various questions,
issues and challenges of ACFTA  on the
future of air travels in Africa  and the
way forward would be discussed at the Plenary Session of the NBA Annual General
Conference scheduled to hold on;

Date:
Tuesday, 27^th August 2019

Time:  11.00 – 12.30

Venue:
Jasmine, Eko Hotel

Speakers:          

Moderator: Ajibola Dalley

Panelists: 
Tarek Badawy

                    Allen Onyema

                    Rene Decurey

                    Captain Boyo                

Family
law gives birth to several key issues like divorce, nullity, adoption, custody
of children, cohabitation, spousal rights and so on. Family law in Nigeria is
regulated by several laws which are the Matrimonial Causes Act 1970, now Cap.
M7 LFN 2004 which regulates marriages, breakdown of marriages and the welfare
of children, The Child Rights Act 2003 which has been adopted by several states
and it covers matters related to adoption and welfare of children. 



In 2012,
Lagos State enacted the family law rules pursuant to the Child’s Right Law of
Lagos State. The rules simplified procedures on custody, guardianship and
welfare of children. Others include the Maintenance Orders Act 2004, The
Married Women’s Property Act 1882, the Law against Domestic Violence in Lagos
State, Same Sex Marriage (Prohibition) Act 2013.

Family
law is not fully developed in Nigeria in contrast with other jurisdictions as
there are several lapses in our laws pertaining to emerging issues like
surrogacy and pre-nuptial agreement. 

Under
the Nigerian Law, the only ground for dissolution of marriage is that the
marriage must have broken down irretrievably. There are several factors under
this provided in Sections 15 and 16 of the MCA. These provisions are fault
based, that is, fault must be alleged and proved by the party seeking
dissolution of marriage. For example, adultery, persistent refusals to
consummate marriage and so on. However, there are situations where the
petitioner need not allege fault. For example, where the parties have lived
apart for a continuous period of two to three years. 

In
Nigeria, in some cases, the courts have refused to dissolve parties’ marriage.
This act is alien to the western world where divorce is a norm. This was seen
in the case of Ubi Franklin and Lilian Esoro where the court held that their
reason for divorce was invalid. Should Nigerian Courts refuse parties
willingness to dissolve their marriage?

On
the issue of adoption, the procedure is cumbersome as the adoption process
takes time to complete. The procedures and documents to be submitted is stipulated
in the Child‘s Right Act 2003. Adoption in Nigeria is not so common in contrast
with other jurisdictions and as a result, the process is highly regulated and
less cumbersome. Why should families be required to go through cumbersome
processes to adopt a child?   

Another
controversial issue on family law is on spousal rape. Is it possible for a
husband to rape his wife and vice versa? Are there any laws in place regulating
this?

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

Date:
Tuesday, 27^th August 2019

Time:  9.00 – 10.30

Venue:
Iris, Eko Hotel

Speakers:          

Moderator: Hon. Justice
Elsie Thompson

Panelists: 
Kikelomo Ayeye

                    Abdulraman Mohammed

                    Chioma Onyenucheya – Uko

                    Taiwo Akinlami           

Tolu Aderemi, Partner in a top commercial firm in Nigeria,  has described President Muhammadu Buhari’s directive to the Central Bank of Nigeria to stop foreign exchange to food importation, as troubling.

The President had, during a visit of the Progressive Governor’s forum, given this directive to the Apex Bank to Discontinue the provision of foreign exchange to food importers. According to the President, Nigeria has attained food sufficiency.

In Aderemi’s opinion, this directive amounts to political interference in economic policies of an Apex bank which is supposed to be independent.

The Legal Practioner further noted that this directive is contrary to the provisions of Section 1(3) of the Central Bank of Nigeria Act, 2007 which states that 

‘ in order to facilitate the achievement of its mandate under this Act, the Bank shall be an independent body in the discharge of its functions’. 

Aderemi further noted that such directive is capable of sending wrong signals to potential investors of the overriding executive influence over the marketplace. This directive is also capable of weakening the CBN institution. On the contrary, Aderemi believes that it is the CBN who should guide the President on month fiscal and monetary policies of government.

At any rate, to come to the conclusion that Nigeria has reached food sufficiency, the Bureau of Statiatics must have provided the President with such information.

In conclusion, Aderemi urges the CBN to make its policies independent of any political influence. Its decisions should be solely based of statistics and best practices.

People spending hours revising and probably praying not to fail.
People trying to memorize statutes, cases, journal articles and other
primary/secondary legal resources in order to get the best grades on an assessment.
The question remains whether such a method is the most effective or relevant in
determining a law student’s capabilities.

This post stems from an observation made in relation to the
University of York Law School. As part of its curriculum, it adopts the Problem
Based Learning (PBL) method of teaching where law students work on a problem as
a group and come for discussions led by a tutor. There have also been
suggestions that the examination systems could be abandoned in the near future
depending on the willingness of the board of education to subscribe to reform
proposals raised by the University. This raises certain questions as to whether
the examination system is still of great relevance in the legal curriculum. I
am examining this issue with respect to professional legal education and in
particular, the Legal Practice Course. The law school curriculum is divided
into five main courses: Civil Litigation, Criminal Litigation, Land Law, Legal
skills and Legal Drafting. At the end of the course, examinations are
undertaken in all courses. There are certain issues with respect to the current
mode of examination that suggest the system is in need of reform:

1.      Examinations
to a large extent operate as a test of memory. They test how much information
is in the head of the individual. Apply this to the litigation courses for
example: The litigation process entails advocacy (including witness
examinations), drafting of pleadings (which includes legal research and
writing) and oral submissions in the courtroom. Aside from the brief oral
submissions made in court during opening and closing arguments, there is very
little need to regurgitate information recorded in human memory under pressure.
A great deal of the information tested in the exam hall is always available and
there is little need to commit it to memory.

2.      Examinations
test the ability to produce under pressure. Apply this to the reality of
litigation: actions are filed, time is given to parties to respond
appropriately. Time is given to prepare statements and arguments. The
examination questions are not known until the day of the examinations. The
pressure in the courtroom is different from the pressure faced in the exam
hall.

3.      Examinations
in the manner currently conducted give less opportunity for developing logical
and methodical approach, considering the limited time available to consider an
approach. The litigation process stretches over a period of time, giving
counsel the opportunity to think, adopt strategies and review adopted
strategies. This is not available in the current examination setting.

4.      Examinations
do not assess the ability to communicate ideas in alternative manners.
Examinations conducted under the Nigerian Law School training course are purely
written. Litigation involves both written and oral communication. The focus of
the Law Training Courses on the written aspect of litigation is well-known.
Aside from moot courts and interactive tutorials, there is little by way of
specific measures targeted at enhancing and assessing the capability of the
prospective litigation lawyer to communicate ideas orally.

What
are we now trying to say? Should examinations be dispensed with? Not at all.
Should the examination system for postgraduate law practice qualification
courses be reformed? Absolutely. The aim of the Nigerian Law School is to equip
lawyers for a career in law practice/teaching. Thus, the assessment system
should be developed in accordance with the requirements of law
practice/teaching. A litigation examination for example should in my view have
both written and oral segments which should be evaluated equally.

Furthermore,
there is no reason why assessed exams should be reserved for a specific day.
The entire programme should be divided into periodic assessments with measures
put in place to systematically examine and develop the skills of the student in
relation to those things that are relevant for litigation. Thus, the overall
grade of the student is determined by the sum of the different assessments.
Analytical reasoning, critical thinking, inquisitorial capacity and concise
expression of ideas are skills normally required for being an excellent
litigation lawyer. These skills are developed systematically over a period of
time and even the most comprehensive and well-rounded legal training course is
insufficient to enhance these abilities in the manner required for a successful
litigation career. Where assessments are undertaken, credit and grading should
be determined in the context of the student’s development over the period of the
course. There are several reasons why a brilliant litigation lawyer may not be
able to perform well in the final examination. However, developing a
skills-centred curriculum and reforming the mode of assessment to suit the
enhancement of these skills will in my view improve the quality of litigation
education at the foundational level and ensure that prospective litigation
lawyers are set in good stead to rebrand the system.

Fifehan Ogunde

Oluwafifehan
Ogunde is an research specialist and consultant with research interests in
human rights law, criminal law and constitutional law. He has a Master’s degree
in Human Rights Law from the University of Nottingham and a Bachelor’s degree
from the University of Sheffield. He is also a barrister and solicitor of the
Federal Republic of Nigeria, having been called to the Nigerian Bar in February
2012.

It is now common for lawyers
to migrate from their jurisdiction of practice to an entirely different
jurisdiction. Those jurisdictions could be USA, UK, Canada, Australia and so
on. The legal system in these jurisdiction are slightly, if not totally
different from that of Nigeria depending on the type of legal system being
practiced whether common law or civil law system. Since Law is territorial, it
is required that such foreign trained lawyer undergo examinations and trainings
to be able to practice law in that jurisdiction.

The basic requirements vary
from country to country. In Canada, for example, a foreign trained lawyer is required
to go through various steps before such lawyer would be able to practice law in
Canada. The first step would be getting their experience and educational
evaluated by the NCA. A national uniform standard is applied to each applicant.
Applicants may be required to complete certain exams or law school courses.
Upon completion, a Certificate of Qualification would be issued, then such
applicant must article at a law firm before being called to the bar.

The questions that arises
here is, what are the advantages and obstacles that arises from expanding
Nigeria’s legal practice offshore?

The various questions,
issues and challenges of expanding the legal practice offshore  and the way forward would be discussed at the
Plenary Session of the NBA Annual General Conference scheduled to hold on;

Date:
Wednesday, 29^th August 2019

Time:  11.00 – 12.30

Venue:
Pats Ocholonu Hall, Tent 2

Speakers:            

Moderator: Chief Folake
Solanke, SAN

Panelists: 
Fidelis Adewole

                    Sola Oyebolu

                    Osayaba Giwa-Osagie

                       

Family
law gives birth to several key issues like divorce, nullity, adoption, custody
of children, cohabitation, spousal rights and so on. Family law in Nigeria is
regulated by several laws which are the Matrimonial Causes Act 1970, now Cap.
M7 LFN 2004, which regulates marriages, breakdown of marriages and the welfare
of children, The Child Rights Act 2003 which has been adopted by several states
and it covers matters related to adoption and welfare of children.
In 2012,
Lagos State enacted the family law rules pursuant to the Child’s Right Law of
Lagos State. The rules simplified procedures on custody, guardianship and
welfare of children. Others include the Maintenance Orders Act 2004, The
Married Women’s Property Act 1882, the Law against Domestic Violence in Lagos
State, Same Sex Marriage (Prohibition) Act 2013.

Family
law is not fully developed in Nigeria in contrast with other jurisdictions as
there are several lapses in our laws pertaining to emerging issues like
surrogacy and pre-nuptial agreement.

Under
the Nigerian Law, the only ground for dissolution of marriage is that the
marriage must have broken down irretrievably. There are several factors under
this provided in Sections 15 and 16 of the MCA. These provisions are fault
based, that is, fault must be alleged and proved by the party seeking
dissolution of marriage. For example, adultery, persistent refusals to
consummate marriage and so on. However, there are situations where the
petitioner need not allege fault. For example, where the parties have lived
apart for a continuous period of two to three years.

In
Nigeria, in some cases, the courts have refused to dissolve parties’ marriage.
This act is alien to the western world where divorce is a norm. This was seen
in the case of Ubi Franklin and Lilian Esoro where the court held that their
reason for divorce was invalid. Should Nigerian Courts refuse parties
willingness to dissolve their marriage?

On
the issue of adoption, the procedure is cumbersome as the adoption process
takes time to complete. The procedures and documents to be submitted is stipulated
in the Child‘s Right Act 2003. Adoption in Nigeria is not so common in contrast
with other jurisdictions and as a result, the process is highly regulated and
less cumbersome. Why should families be required to go through cumbersome
processes to adopt a child?  

Another
controversial issue on family law is on spousal rape. Is it possible for a
husband to rape his wife and vice versa? Are there any laws in place regulating
this?

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

Date:
Tuesday, 27^th August 2019

Time:  9.00 – 10.30

Venue:
Iris, Eko Hotel

Speakers:            

Moderator: Hon. Justice
Elsie Thompson

Panelists: 
Kikelomo Ayeye

                    Abdulraman Mohammed

                    Chioma Onyenucheya – Uko

                    Taiwo Akinlami

The Nigerian Legal System operates
a common law system as opposed to civil law. It is similar to other
Commonwealth countries like Australia, South Africa, Canada and so on. To become
a lawyer in Nigeria, the individual must scale through different hurdles.
The
individual must first complete an undergraduate degree called the LLB in a
Nigerian or Foreign University. The undergraduate curriculum comprises twelve compulsory
core courses which the individual is required to pass. Some of those core
courses include, Nigerian Legal System, Company Law, Constitutional Law, Law of
Evidence, Criminal Law, Law of Torts and so on. The contents of these courses
of study must be approved by the Council of Legal Education.

The next step is to enroll
at the Nigerian Law School Bar Part II programme which is run by the Council of
Legal Education. The Nigerian Law School is responsible for the education and
training of law graduate in vocational knowledge and practical skills. All
courses in the Nigerian Law School are compulsory and students must obtain at
least a pass degree to complete the programme. Some of the courses are Criminal
Litigation, Civil Procedure, Property Law, Corporate Law and Practice and Law
in Practice (Ethics and Skills).

Students are also required
to complete two period of Court and Law firm externship for a duration of three
months in order to gain practical experience of how the legal system works.

There are myriad of problems
faced with the contents, training and practice of lawyers in Nigeria. It must
be noted that what is obtainable in universities and law school is usually very
different from what is obtainable in practice. The curriculum used in training
the present generation of lawyers is very conservative. Attentions are not paid
to emerging areas of law. In contrast with other jurisdictions, faculties of
law have the inherent power to introduce courses that reflects societal changes.
Many of the lecturers stick to note dictating as opposed to projecting lectures.
Although, the Nigerian Law school is changing the manner in which law is taught
through PowerPoint presentations, this could still be improved. There is no
real practice of what is being taught. As a matter of fact, the externship
period is usually a time to prepare and study for the upcoming examinations
which is not supposed to be so. Thus, we are just robots who take in
information and bring them out. A natural consequence of this is that the
average Nigerian law graduate is not globally competitive in an evolving legal
practice.

The various questions that
come to mind are; is the training received at the Nigerian law school
sufficient? How can the Council of Legal Education raise the bar in ensuring
that the next generation of lawyers would be adequately equipped?

The various issues and
challenges of preventing trafficking and the way forward would be discussed at
the Plenary Session of the NBA Annual General Conference scheduled to hold on;

Date: Tuesday,
27^th August 2019

Time:  11.00 – 12.30

Venue:
Orchid, Eko Hotel

Speakers:          

Moderator: A.B Mahmoud SAN

Panelists: 
J.U.K Igwe SAN

                    Prof C. Agomo

                    Prof. Isa Chiroma (Director General,
Nigerian Law School)

                    Gloria Ballason