Uncategorized - Legalnaija

@BNLF_UK Mental Health Awareness Event Happening Next Week

by Legalnaija | May 9, 2019 | Uncategorized

British Nigeria Law Forum Mental Health Awareness event sponsored by Doughty Street Chambers & supported by Yanga TV 14 May 2019, 6pm – 9pm
Speakers: Aswini Weereratne QC, Elizabeth Rimmer, CEO LawCare, Dr Shade Olajubu, MRCPsych, Edna do Rosário Martins, C.Psychol & Aji Ayorinde. Register to attend at
https://www.eventbrite.co.uk/e/british-nigeria-law-forum-event-for-mental-health-awareness-week-theme-supporting-mental-health-tickets-60061600865?aff=ebdssbdestsearch

Follow us on Twitter @BNLF_UK
Reminder Next Events and Activities
We would like to see you at the above event , register using the link.
The BNLF Committee are working on a number of activities, here are a few reminders.

Take part in the BNLF Survey https://www.surveymonkey.co.uk/r/MPKJFS6
Register your interest if you wish to attend the BNLF seminar at the Lagos Court of Arbitration on Tuesday, 25 June 2019
Register your interest with bln@bnlf.org.uk if you wish to join BNLF members at the Nigerian Bar Association’s Section on Business Law Conference, 26 – 28 June 2019 at Eko Hotel, Lagos
Register to join BNLF members at the London Legal Walk for the 10 km sponsored walk for charity.
BNLF Polo Shirts are currently available to purchase, please make contact if this is of interest. Do not make payment to the BNLF account for the Polo Shirts.
Save the date: BNLF Annual Gala Dinner is on Friday 22 November 2019. Contact us if you are interested in sponsorship/advertising at the event.
Our Junior Lawyers Division launched earlier this year if this is of interest contact the leads on JLD@bnlf.org.uk
Volunteers are needed for Pro Bono advice and assistance to the public – we are launching a BNLF Telephone Helpline.
You must be a paid up member of BNLF to be eligible for positions on BNLF Committees or groups. Nominations for the Elections are coming out soon.
You must be a paid up member of BNLF to be nominated for BNLF annual awards. Information will be coming out soon.
The membership year starts from January – December each year. If you are not yet a paid up member the best mode of payment is into the BNLF account with your name as a reference, then send us an email letting us know of your payment.

Ashafa, Chairman Senate Committee on Land Transport On Adequate Rail Coaches

by Legalnaija | May 8, 2019 | Uncategorized

ASHAFA ASSURES NIGERIANS OF ADDITIONAL COACHES TO EASE THE CHALLENGES BEING FACED AT THE ABUJA-KADUNA RAIL LINE.

The Chairman Senate Committee on Land Transport and Senator representing Lagos East Senatorial District, Senator Gbenga Ashafa has assured Nigerians that the Federal Government is working assiduously to provide additional coaches for the Abuja-Kaduna Rail line and also coaches to service the Lagos – Ibadan rail line upon completion.

The Senator made this known while commenting on a motion moved by Senator Ali Ndume titled “urgent need to increase the number of coaches to the Abuja-Kaduna rail line” Senator Ndume’s motion was necessitated by the challenges being faced by passengers due to shortage of coaches.

Ashafa in his comments notified the Senate that additional coaches are on its way. He said “Distinguished Colleagues by virtue of my position as the Chairman Senate Committee on Land Transport I am can confirm that the Federal Government, aware that the Ministry of Transport and the Nigeria Railway Corporation is very well aware of the situation at the Abuja-Kaduna Rail line.”

He said “As I speak with you there is presently a contract between the Federal Government and theChinese Railway Rolling stock Corporation(CRRC) Tangshan Co., Ltd to manufacture and deliver to Nigeria 64 coaches. This coaches are presently under construction. I was a part of the delegation that visited China in 2017 to inspect these coaches, and just last week I was also a part of the delegation that visited china again to see the extent of work done and to find out the reasons for the delay in completing the work.

Update: Federal Government of Nigeria V Nigerian Agip Oil Company Limited

by Legalnaija | May 8, 2019 | Uncategorized

The Federal Government of Nigeria has filed Appeals against the judgments of Justice Olateruogun J of the Federal High Court, Lagos in Suit No: FHC/L/CS/320/16 – Federal Government of Nigeria V Nigerian Agip Oil Company Limited; and Suit No: FHC/L/CS/319/16 – Federal Government Of Nigeria V Brasoil Oil Services Company Nigeria.

The Federal High Court, Lagos Judicial Division, in its judgment delivered on May 8, 2019, held that the claims of the Federal Government of Nigeria against Nigerian Agip Oil Company Limited (AGIP) and Brasoil Services Company Nigeria Limited (Brasoil) over non-declaration of crude oil exports from Nigeria to the United States of America during the period 2011 – 2013 had not been proved with sufficient evidence.

It would be recall that the Federal Government of Nigeria through its Counsel, Prof Fabian Ajogwu SAN, commenced the suits against Agip and Brasoil, amongst others, at the Federal High Court claiming that the Oil Companies had failed to fully declared crude oil shipments from Nigeria to the United States of America arising to the total of sum of USD 55,000,000.00 (Fifty-Five Million United States Dollars) and USD 54, 890,000 (Fifty-Four Million, Eight Hundred and Ninety Thousand United States Dollars) respectively during the period of 2011 to 2013.

Legal Term via Olumide Babalola Law Dictionary

by Legalnaija | May 8, 2019 | Uncategorized

Revocation of Right Of Occupancy

A right of occupancy may be revoked by the Governor for overriding public interest.

The term ‘overriding public interest’ has been clearly defined by the law as follows:

a) Where the holder of a statutory right of occupancy parts with the land in any manner contrary to the law or other regulatory provisions;

b) Where the land over which statutory right of occupancy is granted is required by the State or Federal Government for public purposes;

c) Where the land over which a statutory right of occupancy is granted is required for oil pipeline or any related purpose;

d) Where the holder of a customary right of occupancy parts with the said land without the requisite consent;

e) Where the land over which customary right of occupancy is granted is required by the Federal or State Government for public purpose

f) Where the land over which customary right of occupancy is granted is required for mining purposes, oil pipeline or related purposes;

g) Breach of any provisions or any term contained in the certificate of occupancy or any special contract made in accordance with the law in relation to the grant of the right of occupancy;

h) Refusal to accept to pay for certificate of occupancy granted by the Governor.

Compensation would depend on the reason for revocation and may take the form of resettlement in any other place or area by way of reasonable alternative.

Learn & Share
#babalolalawdictionary #legaleducation #legalprofession #propertylaw #legalnaija

Bodily Sovereignty | Nonso Anyasi

by Legalnaija | May 8, 2019 | Uncategorized

The legal philosopher John Locke postulated in his Two Treatises on Government that every man has a property in his own Person. The individual has the right to decide what would become of himself and what he would do, and as having a right to reap the benefits of what he did.

This concept also known as the “Principle of Bodily Sovereignty” in legal parlance presupposes the existence of a legal right in an individual to determine what that individual does with his own body. The principle presumes the existence of both independence and autonomy in making decisions which affects one for oneself.

This principle of Bodily Sovereignty is applicable to all human beings irrespective of race, tribe, sex, or station in life. It is a consequential and binding bye-product of the cardinal international principle of Self-Determination as enshrined in the United Nations Charter. It is a jus cogens principle which must be respected by all persons, authorities, and governments. Therefore, any violation of a person’s Bodily Sovereignty by dealing with a person’s body in a manner inconsistent with his sovereign command and/or wishes is capable of giving rise to a cause of action in law. The criminal laws of various nations have also penalized the offence of unauthorized handling of a person’s body with harsh consequences.

Hence, every human being, both male and female, have a right to determine what to do with and also what happens to his/her body. The females especially in the unenlightened part of Africa are largely unaware of the existence of this legal property rights in their bodies. Many African women do indeed accept that a property exists in their bodies, but they fail to realize that they are the sole owners of this proprietary rights. Some have the erroneous misconception that they lack the will power or resources to exercise full control over their bodies and actions, and thus must subjugate themselves to the domineering authority of one who can effectively manage this property: a man.

The law has already given the woman a moral or natural right to govern her actions and her body. It is left for the woman to enforce strict adherence to this right. The right continues till one ceases to be a person, hence, it would be foolhardy to posit that the right to bodily integrity is surrendered upon entering into a social relationship such as marriage. Marriage indeed creates an exclusive social contract wherein two persons form a union which confers right on the one on the other. However, the two parties to a marriage do not cease to be “persons”. Thus, neither of the parties to a marriage contract is expected to unilaterally surrender his/her bodily sovereignty to the other. It must be conceded that marriage creates a constructive consent for one to deal in his spouse’s body. Therefore, consent thereof can be implied where it is not expressly withheld.

However, an express withdrawal of consent negates whatever constructive consent the marriage may have implied. It is therefore a violation of a woman’s Bodily Sovereignty for her husband to continue to handle her body in a manner inconsistent with his wife’s wishes.

There are many acts which amount to a violation of a woman’s bodily sovereignty. These include but are not limited to: touching a woman’s body in an unauthorized way, forcing a woman to touch another person against her wishes, making decisions on behalf of a woman where such responsibility was not expressly delegated, etc. In fact, any unauthorized dealing with a woman’s person is a violation of her Bodily Sovereignty.

It therefore behooves on the Nigerian woman to avail herself of this protection afforded by the law to assert her Bodily Sovereignty from all forms of violations in whatever form it may appear.

Nonso Anyasi

@oluwanonso_esq

Did You Know This Legal Fact

by Legalnaija | Apr 27, 2019 | Uncategorized

Intellectual Property and Brand Protection in the Food and Spice Industry | Infusion Lawyers

by Legalnaija | Apr 27, 2019 | Uncategorized

All over the world, food and spice are vital to human life. Food deliciously sustains life, provides energy, and promotes growth. And more than just adding flavour to life, spices colour and preserve food. A spice could be a bark, fruit, plant, seed, or other plant substance. Bulbs, fruit seeds, grains, rhizomes, and vegetables make up the food we eat. Though spices can serve cosmetic, medical, and religious purposes, some spices make great vegetables too. Nigeria’s food and spice industry presents huge opportunities for wealth.

Taking Competitive Advantage of Nigeria’s Food and Spice Market

Nigerians love food.

Nigeria is blessed with food and spices from the various ethnic groups in the country. With over 180 million people and growing fast, demand for food and spice in Nigeria is constantly high. This increasing demand for Nigeria’s food and spice ensures that the food and spice market is forever growing.

Food and spice companies, local and international, are taking more and more competitive advantage of the demand. Food and spice products are being produced, marketed, and distributed in both rural and urban markets. With a growing chain of wholesale distributors and suppliers, some of these food and spice products are exported to other countries, though their contributions to Nigeria’s Gross Domestic Product (GDP) have not been so delicious and spicy.

#MadeinNigeria is spurring local food and spice companies to up their game.

According to Euromonitor’s overview of the packaged food industry in Nigeria for instance, ”[t]he economic recession of 2016, due to falling government revenue from crude oil prices and an associated devaluation of the local currency, have led to a difficult environment within the packaged food environment, despite good growth.” Nigeria’s present #MadeinNigeria mantra—a campaign aimed at encouraging consumers to patronize locally made products—has opened up a door of opportunities for local companies to introduce original and fresh food and spice products for the Nigerian market. Of course, there will also be exporting opportunities.

With the above development, traditional open-markets are gradually giving way to convenience stores and supermarkets. The implication on food and spice companies is that they now need to pay even greater attention to how they package their foods and spices. Because convenient stores, grocery stores, and supermarkets will require the products they stock to be well-packaged food and spices with improved nourishments for their customers, food and spice companies must raise their game—and they are beginning to do just that!

Food and spice companies must bring value to consumers and create experience that lasts beyond taste.

In an ever-demanding consumer market, food and spice companies are realizing more than ever that their food and spice products need to be well-produced and well-packed, attracting consumers and increasing turnovers. They are also realizing that beyond getting consumers fed and spiced up, they need to produce food and spice products that bring value to consumers and create experience that lasts beyond taste.

To get ahead in today’s food and spice market, food and spice companies need strong brands, not just food and spice commodities.Branding doesn’t just start and end with logo designs and graphics for food and spice packaging, but goes beyond those. If branding is part of marketing, then marketing must begin right from the start—conceptualization or creation of the food or spice product. From what the food or spice product is made of to what it looks like; from what it is called to what it does, getting these things right ensures that you are also getting branding right. By so doing, your branded food or spice product is not only fresh and original, but also exciting for consumers who buy the product in open markets, kiosks, stores, and supermarkets.

Without strong branding for food and spice products, there is little or no value to explore, maximize, or protect.

Strong food and spice brands create great value—both commercial and intellectual assets that endear your distinctive food and spice products to your target market, wherever they are. Whether marketed and sold in Nigeria or anywhere in the world, your greatest asset is your intellectual property in the branded food or spice product.

And this is where the need for brand protection with a comprehensive intellectual-property strategy comes in. Because when you completely own your food or spice brand, buyers, distributors, suppliers, and even your competitors will respect it. Why? Because you completely and really own it. How?

How to Completely and Really Own and Protect Your Food and Spice Products

Every food and spice business—from startup to multinational—creates intellectual property. Protecting the intellectual property in the beginning ensures that your food and spice business does not lose its greatest assets to fraudulent or unhealthy infringements.

By protecting your Intellectual property in your food and spice business, you are protecting everything from the production of ingredients and creation of recipes to the labelling, marketing, exportation of the finished product. So your branded food or spice product is your intellectual property.

Below are types of intellectual property relevant to food and spice products. Any food and spice company should consider using some or all of these IP rights to increase its brand value and company worth.

Trade Secrets

Enterprises often have winning secrets. These secrets are confidential information that give them some advantage, putting them ahead of their competitors. This is why the World Intellectual Property Organisation (WIPO) defines trade secret “as any confidential business information which provides an enterprise a competitive edge which could be; commercial assets, manufacturing or industrial secrets which protects against unfair competition depending on the jurisdiction the product is”.

So it could be advertising strategies, clients and suppliers lists, consumer profiles, distribution methods, manufacturing processes, and sales methods. Food and spice companies often have one or more of this information and they keep it confidential to stay in business.

Though a trade secret does not require registration with any government agency, it must still be eligible for protection. There is no law regulating trade secrets in Nigeria. But Article 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) provides a general standard:

The information must be secret (i.e. it is not generally known among, or readily accessible to, circles that normally deal with the kind of information in question);
It must have commercial value because it is a secret; and
It must have been subject to reasonable steps by the rightful holder of the information to keep it secret (e.g., through confidentiality agreements).

So how can trade secrets be protected against unauthorized use by competitors or other unauthorized persons? It would be best to draft a nondisclosure agreement (NDA) with all the employees of the company. The NDA should be well drafted to comprehensively protect your company and charge anyone who reveals or attempts to reveal the company’s trade secret to third parties. Though Nigeria does not presently have a trade secret law or any comprehensive unfair competition law, NDAs are essentially contractual, thus enforceable. In other countries where trade secret is regarded as one of the powerful tool for economic development, there are trade secret laws. The United States’ Uniform Trade Secret Act is a good example. Nigeria needs to step up as well. But before Nigeria eventually wakes from its deep sleep, food and spice companies must be alert by using this trade-secret tool to protect their food and spice business.

Patent

Some trade secrets may not just be confidential information only but also inventions that would qualify for grant of patents. In the food sector, patents broadly cover everything from food composition to food-making process. Patent can be granted for new ingredients, new products, new packaging, new processing methods, and other novel elements. Your food and spice packaging features may provide new storage advantages that significantly delay food spoilage and the process involves an inventive activity. In an industry where brand imitation is high, you want to ensure that you protect your innovative food and spice products so you enjoy exclusive rights to your inventions.

To ensure that eligible for patent in Nigeria—similar with other countries—the food or spice product must meet the requirements listed in Nigeria’s Patents and Designs Act. Section 1(1) of the Act requires that the invention must be:

new;
results from an inventive activity;
capable of industrial application; and
constitute an improvement upon a patented invention and also new, results from inventive activity, and is capable of industrial application.

The statutory requirements above seem daunting for food and spice businesses since patent focuses more on processes and new chemical compounds.

But if the invention in the food or spice product or process can be proved to be unique, the company may proceed to file and protect it in the country or jurisdiction it wishes to operate in or expand to.

Trademark

Trademarks can include words, logos, shapes (of the food or spice product itself or its packaging), slogans, specific colours and sounds. Think of popular but distinctive trademarks as Coca Cola, Mr Biggs, Indomie, etc.

For any food or spice company that wants to be successful, trademark is critical. Without an effective branding strategy, trademark protection will be weak, needless, or outrightly useless. This is why we briefly discussed branding in the opening part of this work.

With effective branding, your food and spice products will stand out in the market. They will be distinctive and valued. Consumers will easily recognize them. This will help you gradually achieve a competitive market for your products in a highly competitive food and spice market. And this is why at the early stage of making any new product, you need to engage your brand team to identify the unique qualities of the product and create a distinctive brand for it. It is this brand quality that will then be the basis for trademark protection. By keeping the product name and brand qualities such as colour, logos, etc distinct, obtaining trademark protection becomes easier.

In section 67 of Nigeria’s Trademark Act, trademark is essentially a mark used or proposed to be used in relation to goods to indicate a connection in the course of trade between goods and some person having the right to its use. To register a trademark in Nigeria and other countries, distinctiveness of the mark is crucial. For the purpose of determining the distinctiveness of marks, section 9 of Nigeria’s Trademark Act requires that the applicant’s mark must contain:

the name of the company, individual, or firm represented in a special manner;
the applicant’s signature;
an invented word or invented words;
a word or words having no direct reference to the character or quality of the goods and not being in accordance to its ordinary signification, a geographical name or a surname; and
any other distinctive mark.

In order to maintain trademark, it must be in use for 5 years else anyone can apply for it to be revoked, including your competitors. The need to brand a business’s food and spice products is vital and cannot be overemphasized. It aids consumer recognition and goodwill, helping to grow business and increase brand value.

Both copyright and industrial designs (discussed below) are not types of intellectual property rights that are as relevant to the food and spice industry as patents, trade secrets, and trademarks are. But copyright and industrial designs may be of some use to a food and spice company at some point.

Copyright protects literary works, granting authors exclusive right to produce, distribute, assign, license, or do other things with the work. In food and spice business, getting a list of ingredients or a specific cooking method protected under copyright may be difficult. This is because copyright only protects the expression of ideas in a fixed medium, not the ideas themselves.

So a cookbook containing recipes, for example, will be eligible for copyright protection. It is most likely that food and spice companies will benefit more from protecting their food- and spice-making processes, methods, or techniques under trade secret or patent than under copyright law.

Of course, marketing materials and publications such as banners, booklets, flyers, handbills, songs, videos, etc will all be eligible for copyright protection. Brand marketing supports brand recognition. And brand recognition needs all the brand protection it can get.

Industrial Design

Industrial design protects distinctive lines, colours, or shapes. Section 12 of Nigeria’s Patents and Designs Act defines industrial design as “any combination of lines or colours or both, and any three-dimensional form, whether it is associated with colours or not, intended by the creator to be used as a model or pattern to be multiplied by industrial process and is not intended solely to obtain technical result.”

Because industrial designs protect lines, colours, and dimensions, industrial designs can help food and spice companies distinctively package their food and spice products. This can be achieved by uniquely using or combining lines, colours, and any three-dimensional forms to design their food and spice products. There will then be protection for the products against counterfeiting and other infringing acts by both fight-dirty competitors and other counterfeiting agents.

It is not every design that is registrable under the Act. For a food- or spice-related design to qualify for protection, the design must be new and it must not be contrary to public order or morality. Thinking of what could possibly be contrary to public morality? Well, imagine a cucumber-flavoured, diary-food bottle with a cucumber shape.

As we were saying …

Determining Which Intellectual Property Apply to Your Food and Spice Business

If identifying the types of intellectual property that are relevant to the food and spice industry is not milk, determining the following can be bone:

which type or types of amongst the intellectual property identified above applies (or apply) to your food and spice business;
whether any of your food and spice products, food-processing, or spice-making processes is eligible for protection; and
how best to go about the process of registering, managing, monitoring, and maximizing your intellectual property in the identified food and spice products, food-processing methods, or spice-making processes eligible for protection to grow and expand your food and spice business and gain market share in the industry.

To break the 3 bones above, expertise is required to avoid any mistakes.

IP registration, management, monitoring, and maximization need comprehensive strategy. A food and spice company with an eye on growth and expansion must have a strategic approach to brand protection. This ensures that brand protection positions the business for growth, and not just an end in itself.

Conclusion

When a food and spice company manages its brand protection rightly, it will significantly improve its market share.

A comprehensive intellectual-property strategy is critical to brand protection in the food and spice industry. IP protection will strengthen the brand’s value and establish the brand as a competitor to beat in the food and spice Industry. It will also support the food and spice company’s expansion, breaking new grounds both locally and internationally.

In IP protection, delay is dangerous.

Senator: senator@infusionlawyers.com.ng

Rita: rita@infusionlawyers.com.ng

Email: info@infusionlawyers.com.ng

Phone: +234(0)809 876 4066, +234(0)816 995 1792

Website: www.infusionlawyers.com.ng

Supporting Pro Bono In Nigeria #PaulUsoroChallenge

by Legalnaija | Apr 21, 2019 | Uncategorized

With the high number of Nigerians living in extreme poverty, there comes a huge number of citizens who are unable to afford legal services.

This class of citizens are vulnerable to human right violations & at a disadvantage when resolving disputes.

This is where Lawyers come in;
offering Pro Bono services is a wonderful way for lawyers to give back to the society.

Pro bono is short for the Latin phrase pro bono publico, which means “for the public good.”

The term pro bono is used primarily in the legal profession, as lawyers are bound by ethical rules to charge reasonable rates and to serve the public interest by providing free legal services to those in need. As such, the provider is thought to be imparting a benefit for the greater good, instead of working for the typical for-profit motive.

It is safe to say that if Nigerian lawyers offered pro bono services more often, there would not be such a high rate of human right violations in the Nation.

Due to the importance of Pro Bono in our nation building efforts, the @NigBarAssoc President @PaulUsoroSAN has consistently continued to support and encourage lawyers who offer Pro Bono services.

The #PaulUsoroChallenge celebrates Lawyers who offer Pro Bono services and encourages the act of selfless service in the legal sector.

This season, Lawyers get to win up to 200,000 Naira as prize money. All you need to do is share your pro bono story.

See flier for details, entry closes 30th April, 2019.

#PaulUsoroChallenge
#ProBonoChallenge
#NigerianLawyers https://t.co/aZWUHASAxo

Bill Tracker – Nigeria Police Reform Bill 2019

by Legalnaija | Apr 20, 2019 | Uncategorized

On Wednesday the 17^th of April,
2019, the Nigerian Senate passed the much awaited Police Reform Bill, 2019. The
Bill seeks to amend the Police Act which had been drafted since the 1960s but has
never been amended. According to experts the Police Act is out of tune with
current realities and requires urgent amendment. The Senate Bill has been forwarded to the
House of Representatives for concurrence before it may be forwarded to the
President for his assent. This post seeks to enlighten you about some of the
relevant provisions in the Police Reform Bill including –

Objectives
of the Bill

The Bill outlines its objectives to be

i.
To ensure a people
friendly Nigerian Police which embodies the values of accountability, fairness,
justice and equity in Police operations;

ii.
Ensure Police
responsiveness;

iii.
Ensure respect by
Police of the dignity of all persons;

iv.
Safeguard of the
fundamental rights as contained in the Constitution;

v.
Fostering cooperation
and partnerships between the Police and the communities it serves;

vi.
Promote the respect
for victims of crime and an understanding of their needs.

Duties
of the Police

Section 4, of the existing Police Act states
the duties of the Police include the prevention and detection of crime, the
apprehension of offenders, the preservation of law and order, the protection of
life and property and the due
enforcement of all laws and regulations with which they are directly
charged, and shall perform such military
duties within or outside Nigeria as may be required of them by, or under the authority of this or
any other Act.

However, the new Police Reform Bill proposes
additional duties to include;

i.
Protection of the
rights and freedom of every person in Nigeria as provided in the Constitution,
the African Charter on Human and Peoples’ Right, and any other law;

ii.
Provision of humanitarian
assistance for citizen(s), facilitation of movement on highways etc. without
subjecting citizens to extortion, and adoption of communist partnerships.

iii.
Adoption of community
partnership in the performance of the duties provided under this section

Appointment
of Inspector General

Clause 7 provides for the appointment
procedure and qualification requirements for the person to be appointed as IGP,
such officer must be a Senior Police Officer not below the rank of an Assistant
Inspector General of Police with the requisite academic qualifications of not
less than a first degree or its equivalent in addition to professional and
management experience. Also upon appointment, the Bill proposes that the IGP
will have a 5-year tenure.

Clause 10 defines the powers and duties of
the IGP, which includes development of a yearly financial plan for the Police
and establishment of Police training centres.

While Clause 12 mandates State Commissioners
to establish community police fora in the States under their command subject to
the directions of the State Governor.

Powers
of the Police

i.
Clause
20 of the Bill attempts to qualify the power of prosecution in section 23 of
the Act by subjecting the police officer’s power to conduct prosecutions to
relevant criminal procedure laws in force at the federal level and in a state
regarding prosecution by nonqualified legal practitioners. It further requires
that every Police Division have at least one police officer that is qualified
to practice as legal practitioner.

ii.
Clause
25 requires that persons arrested are taken into custody before taking such
persons before a court of competent jurisdiction with respect to the offence
with which he is charged. Same of which must be done as soon as practicable.
The Clause also stipulates further provisions for bail.

iii.
Clause
26 provides for cases where the Police can apply for extension of detention or
remand of a suspect i.e. to preserve evidence or interrogate him/ her. In such
cases, the Police can apply to the court pursuant to section 293 of ACJA. Such
application must be made within 48 hours of the arrest. The Court must also
determine such application within 48 hours.

iv.
Clause
29 provides for powers to search premises and includes a prohibition on
violation of human rights in the course of the search.

v.
Clause
30 makes provisions on search warrant safeguards i.e. provisions on conditions
to be satisfied before a search warrant can be issued e.g. the grounds for the
warrant, the premises to be searched, etc.

vi.
Clause
31 provides for issue and execution of search warrants and its endorsement upon
execution.

vii.
Clause
32 provides for power to detain and search a suspected person or vehicle:

• Where the police
officer has reasonable grounds for suspecting that a person is in possession of
or conveying anything the officer is believed to be stolen or unlawfully
obtained;

• Where reasonable
grounds for suspicion exists that such person or vehicle is carrying an
unlawful article;

• Where reasonable
grounds for suspicion that incidents involving serious violence may take place
within a locality;

• Where information
has been received as to a description of an article being carried or of a
suspected offender; and

A person is carrying a certain type of
article at an unusual time or in a place where a number of burglaries or thefts
are known to have taken place recently It adds however in Clause 33 that
certain personal attributes shall not be grounds for reasonable suspicion,
including:

i.
a person’s colour,
age, hairstyle or manner of dress;

ii.
previous conviction
for possession of an unlawful article; or

iii.
stereotyped images of
certain persons or groups as more likely to be committing offences.

viii.
Clause
34 provides for actions to be carried out by a police officer before a search
occurs i.e. the Officer must be in uniform and wear a visible Police identity
card and must inform the person in charge of the vehicle of his/her name,
police station, object and grounds of the search.

ix.
Clause
36 mandates the Officer to record details of the search and provide a copy to
the person to be searched while Clause 37 provides for a National Search Record
Form containing details of a search.

x.
Clause
38 provides for powers to take fingerprints, photographs, measurements.

Note: Power to take finger prints etc. is
contained in section 15 of ACJA. Unlike
ACJA, the bill however further requires the Police to store such fingerprint
impressions and measurements in a retrievable format and hand over to a suspect
who has been discharged or acquitted. It also requires a police officer to
approach a court to compel a suspect in lawful custody who refuses to submit him/herself
for such records to be taken.

Public
Rallies & Processions

Clause 39(3) prohibits the Inspector General
of Police or the Commissioner of Police or their lawful delegates from
unreasonably disallowing members of the public, the right to hold peaceful
rallies, processions and assemblies in public highways, buildings or spaces.

Subsection (4) provides for police personnel
to provide security cover for such meeting, rally or procession. In cases where
the organisation decides to proceed with a rally against Police advice, the
Police is required to obtain a court order to prevent the rally- Clause 39(5.)

Community
Policing Forums

This is a new part establishing community
police forums, divisional and state community police boards to maintain
partnership between the community and the Police, promote communication,
improve rendering of police service, promote co-operation and improve
transparency and accountability in the provision of police services.

It shall be made up of representatives of the
local community in the state of jurisdiction.

The objectives of the forums and boards as
stated are to:

a. maintain a partnership between the
community and the Police;

b. promote communication between Nigeria
Police and the community;

c. promote co-operation between the Police
and the community in fulfilling the needs of the community regarding policing;

d. improve the rendering police service to
the community; and

e. improve transparency and accountability in
the provision of police services to the community.

This bill adds that this provision shall not
prevent Police liaison with the community by means other than Community Police
Forums and Boards.

Police
Public Complaints and Discipline

This part establishes the Police Complaints
Response Unit to receive complaints about police misconduct from the public or
other police officers. The Bill also looks to enshrine the existing Police
Complaints Unit within the legal framework governing the Police and provides a
procedure for investigations. It mandates the Inspector-General of Police to
establish a Police Complaints Response Unit in each of the Police Commands in
all the State of Federation.

The Unit is mandated in monitor
investigations initiated by the unit as well as conduct investigations. The Unit may receive: »» any complaint
alleging that the conduct complained of resulted in the death or serious injury
or other gross human rights violation; »» any complaint showing that a police
officer is involved in an act constituting professional misconduct. – If the
investigations reveal a criminal offence, a copy of the report shall be sent to
the Director of Public Prosecutions for prosecution. – If it is an offence
against discipline, it shall be sent to the appropriate Police or oversight
authority for proper disciplinary action – If it reveals false information
against a police officer, then the complainant shall be tried according to
relevant laws in force.

@Legalnaija

For
Further reading see PLAC
( Policy and Legal Advocacy Centre (PLAC) is a Non-Governmental Organisation
Promoting Good Governance and Citizen’s Access in Nigeria)

The Business Of Law Practice/ What Law School Does Not Teach You | Olivia Muzan Esq.

by Legalnaija | Apr 17, 2019 | Uncategorized

Long Title –

BUILDING THE LAW FIRM OF THE FUTURE: THE BUSINESS OF LAW PRACTICE/WHAT LAW SCHOOL DOES NOT TEACH YOU.

By Olivia C. Muzan, Esq.

INTRODUTION:

It is interesting to know that the narrative of the Legal profession is gradually changing, especially regarding law practice and law firm management. The Legal profession has gone beyond practice and procedure.

The ability to welcome change and development is a key asset for today’s successful legal practitioners’ and law firms.

In this modern, ever changing world, what is satisfactory today will need constant advancement to cope with the demands of tomorrow.

To be successful in such a world, it is important that you maintain both your personal skills and knowledge and use the latest techniques to motivate and encourage others to accept your leadership and ideas.

It is the requirement of the Council of Legal Education (CLE) that every lawyer must go through the compulsory five (5) years Legal Training in the university where you acquire your LL. B degree and one (1) year at the Nigerian Law School. By the provisions of Section 1(2) of the Legal Education (Consolidation, etc) Act, Cap 206 Laws of the Federation of Nigeria, 2004 which provides thus;

“the council shall have the responsibility for the Legal Education of persons seeking to become members of the Legal profession”

It is after this Legal Education training at the Nigerian Law School that a person is then qualified and given a license to practice law in Nigeria.

As lawyers, we all know that what we learn in the university is the substantive aspect of the law, while that of the Law school is entirely practice and procedure- at this stage at the Nigerian Law School, we are “equipped” with the technical know-how and all that practice and procedure entails.

Unfortunately, there is not enough or adequate provision in the curriculum for Business Education and training. When we leave the law school and are faced with practical realities of law practice we realize that we are not adequately informed with a lot of the challenges we tend to face in practice.

The Legal profession no doubt is very dynamic in nature and it has become imperative for lawyers to become more creative and innovative in our approach to our practice.

I am going to highlight some key concepts of Business which law school does not teach adequately;

1. Business Development skills

2. Leadership skills

3. Networking

4. Soft skills development

5. Emotional Intelligence skills

6. Digital and Technology skills

Business development is about developing and implementing growth opportunities within and between organizations in the legal sector, it includes strengthening ties with existing clients as well as identifying new business opportunities and potential new clients (1). Business development entails acquiring knowledge and skills that are required to run a Business efficiently and effectively to give client satisfaction.

It is settled knowledge that running/owning a law firm is akin to running any other kind of business, therefore, it is important that the principles of business are applied to running a law firm. Afterall, the goal is profit making, giving value and client satisfaction.

Some Business development skills include but are not limited to the following;

I. Communication and interpersonal skills

II. Innovation/creativity (creative thinking)

III. Strategy

IV. Project management

The list is endless but the above mentioned are just a few of the important skills lawyers need to develop in addition to lawyering.

Another area of Business where lawyers need to develop skills in will be in Leadership. In today’s business world, leadership skills are very necessary to navigate our day to day challenges. Some of these leadership skills include but are not limited to the following;

i. People management/people skills

ii. Communication

iii. Conflict management at the work place

iv. Commitment

v. Motivation

vi. Accountability

vii. Positivity etc.

These skills will not be dealt with exhaustively, but the writer encourages us to avail ourselves with training courses both online and physically where these Business concepts are taught, to incorporate them into our daily law practice. Also, there are a lot of books on Business and Leadership that could be of immense benefit to us. Some include Harvard Business Review to mention a few. For those who can afford to pay to attend Business schools like Lagos Business School, trainings by business consultants, that is also a great way to acquire business knowledge.

Networking-I remember been in Law school and some of our lectures saying, “your first clients as a lawyer are your friends and family members”. Going forward in practice, I ask myself so after friends and family what next? How do I build a client base? How do I meet people and get them to do business with me? For people who are introverts like me, the word “networking” can be scary. Networking goes beyond just attending social and corporate events, seminars, conferences, workshops, exhibitions and exchanging business cards. You need to be able to have a deep connection with people you meet before they will want to do business with you. Recently I was watching a program on CNN called Business Traveller and the presenter was interviewing a woman who I remember saying “people are going to have to like you before they do business with you. For me, the idea of Networking will be making yourself a bit more likeable and then you begin to attract the right people for business. I believe all of us can constantly work on ourselves just like i am currently doing to make ourselves more likeable to do business with. We need to constantly rebrand ourselves and have more “people skills” to be able to Network effectively.

So, in addition to being more outgoing, we can at least try to be more likeable, trustworthy, having integrity, and making potential clients and business partners have confidence in our abilities. Of course, having all these qualities together with having the knowledge of the law will be of great advantage.

Soft Skills Development- According to Wikipedia, soft skills are a combination of people skills, communication skills, character or personality traits, attitudes, career attributes, social intelligence, emotional intelligence quotients, among others, that enable people to navigate their environment, work well with others, perform well and achieve their goals with complementing hard skills.

I believe that soft skills can be developed over time through conscious training and intentional determination. In addition to the above (my opinion) the ability to use your initiative, to think outside the box and think on your feet when faced with an unexpected challenge is a soft skill.

In a LinkedIn survey conducted, the top soft skills organizations (remember law firms are also organizations) will need in 2019 are;

a. Creativity

b. Persuasion

c. Collaboration.

The ability to use your creative/thinking abilities can make you a problem solver/solution provider.

Emotional Intelligence Skills-Emotional Intelligence refers to our ability to recognize and manage our feelings, to empathize and to interact skilfully.

Emotional Intelligence helps us “grasp human nature”-knowing ourselves and how others feel and see the world and understanding the complexity of relationships. These abilities all differ from IQ which measures logical thought and the ability to analyse.

To understand human nature in general, it helps to first understand ourselves, which takes self-awareness, we recognize our feelings and how they impact.

The essence of Emotional Intelligence or (EI for short) cuts across every strata of human interactions of which its practice or negligence portray obvious consequences. Researches have shown that people with higher Emotional Quotient (EQ) and average intelligence quotient (IQ) tend to turn out more successful than people with higher intelligence quotient (IQ) and lower Emotional quotient (EQ) especially regarding engagements that leverage on social interaction.

In his article “Why you must lead with Emotional Intelligence” Osita Jeb Elebe explains five (5) vital parameters in which Emotional Intelligence cuts across.

a) SELF-AWARENESS: capacity to know your emotions, abilities, flaws, values, passion, and their effect on people in your space.

b) SELF MOTIVATION: ability to power or drive yourself independently to achieve set goals, irrespective of circumstances, and awareness that elements that ignite your passion.

c) SELF REGULATION: the ability to control and regulate your emotions and feelings, and openness to adaptability to change.

d) EMPATHY: knowing and considering the emotions of people around and putting yourself in their place when making decisions.

e) SOCIAL SKILLS: connecting with people and handling interpersonal relationships with grace.

Like any other skill, emotional intelligence can be developed and enhanced for effective self-management, people management and Client management for the effective running of an organization.

Digital and Technology Skills: -The world is Technology driven, we all know this; therefore, we must keep up with technology and its emerging trends to be able to be effective in our day to day law practice.

Financial Technology and Artificial Intelligence are the new trends in the tech world and these two trends are finding their way into the legal sector, especially Financial Technology Law.

It has been said that Artificial Intelligence is a part of Financial Technology, so I’m going to place more focus on Financial Technology. Financial Technology according to Investopedia.com is used to describe new technology that seeks to improve and automate the delivery and use of financial services. Basically, it is a broad category that refers to the innovative use of technology in the design and delivery of financial services and products.

The FinTech industry can be classified into five (5) components, also known as “the big 5”, they include;

● Cryptocurrency/Virtual Currency

● Blockchain

● Transaction and payment services

● Artificial Intelligence

● Big Data.

These will not be discussed extensively in this article but in subsequent articles of the writer.

With the emergence of a lot of FinTech Start-ups in Nigeria there’s also going to be a high demand for Lawyers to advise these FinTech companies, so it will be in our best interest to develop legal knowledge and to be abreast with the Regulatory framework in the FinTech world.

I deliberately isolated this business concept, simply because of its perception in the Legal profession. I am going to deal on Advertisement as it is permitted in the profession.

What Does the Rules of Professional Conduct say about Advertisement?

Section 39(1) of the Rules of Professional conduct provides;

1) Subject to paragraph (2) and (3) of these Rules, a lawyer may engage in any advertising or promotion in connection with his practice of the law, provided

a) It is fair and proper in all circumstances

b) It complies with the provisions of these Rules.

Sub-Rule 2 and 3 state unequivocally how lawyers are not permitted to advertise.

Sub-Rule 4 states clearly the ways and manner a lawyer may advertise.

How can a Lawyer advertise Digitally?

The following are some of the ways a lawyer can advertise digitally.

➢ Own a website

➢ Own a Blog

➢ Use Email signatures

➢ Use SEO’s (Search Engine Optimisation)

➢ Make Publications

➢ Give free information

➢ Use newsletters

➢ Use YouTube Videos

➢ Procure the placement of your firms name in a reputable list of law firms

➢ Give Lectures

➢ Join a cause

➢ Use your WhatsApp status.

ORGANIZATIONAL STRUCTURE AND MANAGEMENT

Organizational structure refers to a system that outlines how certain activities are directed in order to achieve the goals of an organization. These activities include rules, roles and responsibilities.

The organizational structure also determines how information flows between levels within the organization (Investopedia).

Key Features

● An organizational structure outlines how certain activities are directed to achieve the goals of an organization

● Successful Organization structure defines each employee’s job and how it fits within the overall system.

● Having an organized structure in place allows organizations to remain efficient.

The disadvantages of not structuring firms properly is that it leads to lack of growth, the lawyers keep leaving, unhealthy competition, poor management, lack of productivity and efficiency.

It is important for lawyers and law firms to know and understand the need for Organizational Structure and Management, this enables or enhances a smooth running of day to day business, employees know their roles/job description, clients get better satisfaction for services rendered.

Organizational structure also leads to sustainability. I believe that it is imperative for lawyers to structure their law firms in a way that is sustainable and long lasting. Its time to build institutions and systems that outlive generations.

CONCLUSION

In this fast pace, technology and innovation driven world, there has become an increasing need for lawyers and modern-day law firms to conform to emerging trends in Business Development and Leadership skills and apply principles that govern business.

The need for Business development skills to be acquired by every lawyer who desires to pursue a career in law practice cannot be overemphasized.

Developing Technology skills will be of great advantage to the future lawyer and law firms.

REFERENCE;

i. Successful Managers’ Handbook

ii. Rules of Professional Conduct 2007

iii. Wikipedia

iv. Investopedia.com

v. Introduction to FinTech by Davidson Oturu.

vi. Africa Legal

vii. Digital Skills Training for lawyers -Presentation by Fernandez Obiene

Olivia C Muzan
Oliviacorinimuzan.wordpress.com
oliviacorini7@gmail.com

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