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INTERVIEW: This year’s Conference will be the best ever says Barr. Kunle Edun, NBA National Publicity Secretary

by Legalnaija | May 27, 2019 | Uncategorized

In preparation for the 2019
Annual General Conference of the Nigerian Bar Association, Legalnaija had an
exclusive interview with Barrister Kunle Edun, the National Publicity Secretary
of the NBA on what lawyers and delegates should expect at the Annual General Conference in August, 2019, we
can tell you one thing though, there would be free WIFI at the venue. Read the
interview below –

1.
The theme of this year’s Annual General Conference is “Facing the
Future”, what does that mean, the future of law, legal practice or
governance?

The theme of this year’s
Conference is very important because of the rapidly changing business
environments that lawyers are compelled to work in. The various sessions
of the Conference will deliberate on subject matters in various fields of human
endeavour and will lead conversations that will prepare the Nigerian lawyers
for the future taking into consideration the evolving business world and
to also anticipate adaptive measures that legal practitioners will be required
to embrace in light of these evolutionary trends.

2.
Why is there no archive of videos from past NBA conferences on the NBA website?

You may be talking about
past Conferences. The 2019 AGC Conference will have robust contents on every
information a conferee will need to know about the conference. List of speakers
and their papers will be uploaded. Landmark events including pictorials about
the conference will be a regular feature. We are working on also including
tourist sites in Lagos for the benefit of members who may want to have some
relaxation. It is going to be a bumper package for Conferees.

3.
What is in place to encourage grants and researches on topical issues after the
annual NBA-AGC?

Considering the importance
of theme of the Conference which is, Facing the Law, the NBA will use this
year’s Conference to set the conversation tone for the future of the legal
profession. So it is not a one-stop affair. The NBA Section on Legal Practice,
the Section on Business Law and the Section on Public Interest and Development
Law are integral components of the conference. Their individual Conferences
enjoy grants and sponsorships from corporate Partners. The sponsorship has been
made possible because of the continued relevance of the conferences organised
by the NBA. Topical issues that are drivers for the economy and political
development of the country have endeared many sponsors and partners to the NBA
Conference. We are gradually having an increasing participation of
international organisations, thusly making the NBA an established global brand
which ultimately internationalize the Nigerian legal profession.

4.
Has any of the position papers and debates from the NBA – AGC Translated into
national or state policies?

Yes. The enactment of the
Administration of Criminal Justice Act and Administration of Criminal Laws of
the various States are offshoots of discussion points set by the NBA and
sponsored by the MacArthur Foundation. The NBA has set the tone on State
Police, true federalism and the entrenchment of rule of law. The innovations
brought into the extant Fundamental Rights (Enforcement Procedure) Rules were
set by the NBA Conferences. Many appellate Judicial decisions reflect the
consensus reached at the NBA Conferences. The society must keep on evolving and
the NBA being a major social influencer has been playing it’s social
responsibility roles effectively.

5.
Last year many lawyers could not register for the conference due to problems on
the registration portal, will lawyers experience this again?

This year’s Conference will
be an improvement. The registration portal has been greatly improved and the
TCCP took into consideration the challenges faced by delegates in previous
conferences. We also have a dedicated help desk that would be willing to assist
intending Conferees should they have any challenge.

6.
The Technical Committee on Conference Planning (“TCCP”) has announced
that there wouldn’t be onsite registration at the AGC, what is the TCCP doing
to ensure that delegates receive their conference materials within time
& with less hassles?

Yes, there would be no
onsite registration. We have observed that some of the Conferees that
complained of non or delayed receipt of their Conference materials, actually
paid onsite or very late. We want to satisfy members and want the issue of
complaints about Conference materials to be a thing of the past. Hence adequate
preparations would also require intending Conferees to register on time,
particularly our senior colleagues. It is therefore important that senior
lawyers register early too. This will assist us in preparing early. The
distribution of conference materials will be seamless. I can assure you on
that.

7.
Are there any eminent or international personalities that will be attending the
NBA – AGC.

Yes. Traditionally the
President of the Federal Republic of Nigeria would be present at the Opening
Ceremony. Arrangements have been firmed up with some international speakers.
The IBA President has confirmed that he will attend the conference. This brings
more international flavour to the conference. However, for this year’s
Conference we would also have a very rich assemblage of prominent and
internationally acclaimed Nigerian speakers. This country is blessed with great
intellectuals and we are tapping into that rich reservoir. If we are to face
the future we have to also be inward looking.

8.
Which artist would be performing at the AGC?

The Local Organising
Committee chaired by Chuka Ikwazuom, the Chairman of Lagos branch and his
brother Chairmen in Lagos State are preparing a full package of social events.
Getting close to the conference the identities of special star appearances
would be announced. Members are urged to prepare for a good time and regularly
visit the conference website for news bits.

9.
Many lawyers are complaining about the high conference fees despite the recent discount,
any comments?

The NBA President, Paul
Usoro, SAN assured members that this year’s Conference would be pocket
friendly. Taking this into consideration the TCCP made a proposal at the NEC
meeting of what lawyers should pay. The NBA President advised that the TCCP
reviews the fees downward. This compelled a 25% discount for lawyers between
the ages of 1-10 at the bar. We still got more complaints and requests for
further reductions. The NBA President is a listening President. The TCCP with
the approval of the NBA President made a reduction across board for all the
categories of intending Conferees. In taking this decision the TCCP recognized
the fact that the conference fees paid for the 2018 Conference were actually
the same that were paid for the 2017 Conference; also considering the
increasing inflationary trend in the country. The venues and materials that
would be required for the conference have had their rates increased since 2017.
The service providers also increased their prices. There is a general donor
apathy because of the economic situation of the country. However, we are still
poised to deliver a quality Conference where there would be no complaints from
members.

10.
Will lawyers receive any conference materials of relevance like research tools
etc.

Yes, there would be
customized Conference materials. Since we are looking at the future we are also
considering presenting a sort of Mobile office Conference materials that would
be in a specially designed Conference bags which will also come with many
freebies. We are not yet closed on the freebies to be included because we are
still discussing with more service providers to enable us include as many
quality freebies as possible. Something that would gladden delegates.

11.
Will there be internet?

There shall be free WiFi at
the conference venues.

12.
Will President Buhari be attending the conference?

We are loking forward to the
President coming.

13.
Will issues such as welfare of lawyers be discussed at the conference?

Some of the topics to be
discussed by some fora and sections will touch on welfare of members,
particularly on innovations for making law practice to thrive. We also have
topics that will touch on improving the welfare of younger lawyers and the new
vistas in the legal profession.

14.
The huge cost of holding the NBA-AGC has come up many times, what is this
administration doing to reduce cost of organisation while increasing the output
of the conference?

NBA is the largest bar in
Africa. We expect participation for this year’s Conference to be around 13,000.
This would require enormous funds to organise. However, we should be looking at
cost reduction measures where necessary without sscrificing quality. The TCCP
is embarking on aggressive funds drive. The Fund Raising Sub Committee is doing
a hard work on that. Like I said earlier there is a general donor apathy.
The value of the naira has not improved. I agree with you that in the long run,
all things being equal, we should work on reducing the conference fees, which
has always been the intention of the NBA President.

15.
The main venue of the Conference will be the Convention Centre of the Eko Hotel
& Suites in Victoria Island, Lagos while the Harbour Point Event
Centre, also in Victoria Island, will serve as an additional venue. Will there
be free transportation to take lawyers from one centre to the other?

Yes. The LOC is working on
ensuring that the transportation from the various points and routes are less
stressful. We are also partnering with the FRSC to make the routes to and from
the conference venues free or low on vehicular traffic as much as possible.

16.
What would you like lawyers to look forward at this NBA – AGC?

The best ever held
Conference within living memory. We welcome all intending Conferees to the
beautiful city of Lagos, Nigeria.

Looking forward to seeing all
lawyers at the Annual General Conference, it is important to note that
registration for the AGC has commenced and you can register for the 2019 NBA
AGC here.

TCCP 2019 AGC Notice Update

by Legalnaija | May 26, 2019 | Uncategorized

We wish to advise intending conferees to register for the conference only with their correct personal and professional details: name and age at the bar are mandatory. The e-paymnt portal has inbuilt capacity that automatically detects wrong entries. We advise members to be very certain about their personal details when registering.

Be further informed that TCCP has also made additional arrangement for a second security filter at the Conference venue for all Conferees. The devise shall be used at random by security officials assisted by TCCP officials for all Conferees before accessing the Conference venue. The purpose of this security arrangement are

a) to ensure that the entries in our data match with the details of the person presenting the access card.

b) as a cautionary additional security layer.

It is therefore important that intending conferees enter their correct details when registering.

*REGISTRATION OR ATTENDANCE BY PROXY SHALL BE CONSIDERED AS A SERIOUS SECURITY AND A GROSS PROFESSIONAL MISCONDUCT .*

Thank you.

Kunle Edun

Chairman, TCCP-2019 AGC Media & Publicity Sub Committee.

NBAAGC UPDATE- Registration for the #NBAAGC2019 has commenced

by Legalnaija | May 26, 2019 | Uncategorized

The Technical Committee on Conference Planning (“TCCP”) of the Nigerian Bar Association (“NBA”) wishes to inform members of the Association and the General Public as follows:

1. Registration for the Conference commences at 12:01 am on Sunday 26th May, 2019.

2. As previously mentioned, registration CAN ONLY BE PROCURED ONLINE by visiting the Conference website: www.nbaconference.com or the NBA website: www.nigerianbar.org.ng and clicking on the Conference link.

3. We would like to assure prospective Conference delegates that all necessary measures have been put in place to ensure a seamless and hitch free registration process. In the unlikely event of any registration difficulties, we have set up a dedicated Registration Help Desk at our Contact Centre which can be reached by email at: info@nbaconference.com or by telephone on: 09031500091, 09031500092, 09031500096, 07056827698.

Take advantage of the early bird registration NOW & see you at the NBA conference

NBA AGC 2019 Update: NBA Reduces Participation Fees Across Board

by Legalnaija | May 24, 2019 | Uncategorized

The Technical Committee on Conference Planning (“TCCP”) of the Nigerian Bar Association (“NBA”) wishes to inform members of the Association and the General Public as follows:

1. The 59th Annual General Conference (“the Conference”) of the NBA is scheduled to hold in Victoria Island, Lagos from the 23rd to the 29th of August, 2019.

2. The Theme of the Conference is “Facing the Future” and it will feature over 30 Technical Sessions at which subject-matter Experts in various fields of human endeavour will lead conversations primarily aimed at envisioning the future of the Legal Profession, within the context of a rapidly changing and evolving world, and anticipate the adaptive measures that practitioners will be required to embrace in light of these imminent changes.

3. The main venue of the Conference will be the Convention Centre of the Eko Hotel & Suites in Victoria Island, Lagos while the Harbour Point Event Centre, also in Victoria Island, will serve as an additional venue.

4. Attendance at the Conference will be open to all members of the NBA as well as the General Public albeit registration for the Conference can only be procured online by visiting the Conference Website: www.nbaconference.com or the NBA Website: www.nba.org.ng from Sunday 26th May, 2019.

5. The prescribed Fees for participation at the Conference (“Conference Fees”) are as follows:

It is to be noted that these Fees represent a significant reduction from the 2018 AGC Early Bird Fees for the different categories of members of the Association.

6. For further information on the Conference, members of the Association and the Gener lal Public are enjoined to visit the above mentioned websites or contact the TCCP Help-Desk by e-mail: info@nbaconference.com or by telephone: +234 705 682 7698, +234 803 869 5936 and +234 905 551 5556.

IP ABC – Question of the Week

by Legalnaija | May 22, 2019 | Uncategorized

We are TechieHealth, a
mobile-health service provider in Nigeria. Recently, we contracted an app
developer Kome Oruma, to build a mobile-health app for us. We agreed to pay
50% upfront and pay balance after delivery of the app. After 12 weeks, Kome
Oruma completed the app. To our surprise, Kome Oruma requires that before she
delivers the app to us we must sign an agreement which recognizes her
as copyright owner. Since we are paying for the app, we refused this demand. In
fact, we demanded that Kome Oruma should either hand over the app along
with all login protocols or forgo her 50% balance and also prepare to face
legal action. But Kome Oruma has not moved a bit. Is an app developer
entitled to copyright in an app developed for a client?

Dear TechieHealth

The answer is YES, an app
developer is entitled to copyright in an app developed for a client. But being
a software program, copyright applies to the source code used in writing the
app only, not the resultant app itself. While Kome Oruma is entitled to copyright
in the source code behind the app, TechieHealth is entitled to ownership
of the resultant app after paying balance for the job. This is where
intellectual property differs from real property. Therefore, Kome Orume is
obliged to deliver the app to TechieHealth after full payment has been made,
But TechieHealth upon receiving the app along with login protocols must not
infringe on Kome Oruma’s copyright in the app by involving in unauthorized
acts, including reproduction, distribution, sale, or other infringing
acts.

Software programs are eligible for copyright protection under the Nigerian
Copyright Act.
Software programs or computer programs are literary works eligible for
protection under the Nigerian Copyright Act. It enjoys the same copyright protection
in most parts of the world. Under section 51 of the Act, “computer
programs” means a set of statements or instructions to be used
directly or indirectly in a computer in order to bring about a certain result’.
The same interpretation section then recognizes computer programs as a literary
work. Section 1(1)(a) of the Act makes literary works eligible for
copyright protection.

First ownership of a copyright work vests initially in the author of the work.
This is by virtue of section 10(1) and (2) of the Nigerian Copyright Act,
unless there is a contract between the parties that stipulates otherwise.
Having expended sufficient effort for 12 weeks in developing the mobile-health
app, Kome Oruma has given the app originality. She has also written the software
program in a fixed medium by saving it in a CD ROM, disk, or other electronic
storage device. These entitle Kome Oruma to copyright ownership.

Consequently, Kome Oruma enjoys exclusive right to control reproduction,
publication, distribution, or adaptation of the app. TechieHealth does not
have any copyright in the work. Your right in the app is limited to the
resultant app only.

To avoid uncertainties that
often result in disputes, always insist on a software development agreement.
Before contracting a software-development job to a software developer,
always request that the developer makes his or her software-development
agreement available to you.

This agreement will contain the rights and liabilities of both parties, stating
terms and conditions that apply to the app before and after
delivery. Typically, the software developer will retain copyright to the
source code while the client enjoys ownership of the resultant app. Details
about after-delivery improvements, upgrades, etc will be in the agreement.

With a software-development agreement, both parties are clear about each
other’s rights and liabilities from the outset, thus avoiding or minimizing
disputes between the parties after completion of work.

Apart from preventing disputes
between the parties, a software development agreement also minimizes unforeseen
risks.

Third-party liabilities is a
major risk in software development contracts. Third-party liabilities often
arise when for instance a software developer infringes on another person’s
copyright by copying source codes that are subject to copyright in the course
of developing the app for an innocent client. (If the aggrieved third party is
a competitor to the client, the matter becomes even worse. A good software
development agreement takes care of such risks.)

So always insist on a software-development agreement. If the app developer has
none, ensure that one is prepared for the parties. It is especially in the
contracting party’s best interest.

Wrapping Up

Understandably, TechieHealth
desires complete control over the mobile-health software. But
copyright doesn’t work that way. A software developer
statutorily enjoys first authorship. If TechieHealth wants absolute
control over the app, including source code, a written contract between the
parties to this effect is not illegal. Having failed to arrange for this early
on, TechieHealth should negotiate.

Contact an IP lawyer or law firm to help review the app developer’s
written contract and provide legal advice.

Best wishes

IP ABC

Follow-up questions, if any, are welcomed.

Source: www.infusionlawyers.com

Data Protection Bill 2019: Google, Facebook Other Internet Intermediaries Must Keep Data Within Nigeria

by Legalnaija | May 21, 2019 | Uncategorized

The Data
Protection Bill (HB 01) 2019 which is before the Nigerian
Senate and has been passed by the House of Representatives is set to ensure
that all data belonging to residents of Nigerians would be stored in servers
situated within the territory of Nigeria. This principle is known as data
localisation or data residency.

Section 36 of the bill
proposes that

” The Data
Commissioner shall mandate Data Controllers and Data Processors of Personal
Data pursuant to this Bill, to record, systematize, accumulate, store, host,
amend, update and retrieve Personal Data on devices that are physically located
within Nigeria’s territorial jurisdiction.“

The bill further provides in
section 49 that a contravention of section 36 would lead to a fine of
8,000,000.00 (Eight Billion Naira) or not less than ten years imprisonment. The
passage of this provision would lead to online Content sharing and service
providers such as Google, Facebook, Whatsapp, Microsoft would have to store all
personal data belonging to data subjects in Nigeria within Nigeria. The
provision is set to create jobs for Nigerians.

Renown Nigerian privacy
professional and data protection lawyer Adavize
Alao was of the opinion that while the intentions of the drafters may
be genuine the data localisation provision of the bill is a protectionist
clause which seeks to help Nigerian businesses and secure data within Nigeria.
Alao stated that the bill may lay to rest the horror of the Nigerian government
having to deal with cybersecurity threats or individuals worrying about the
right to privacy.

Alao also stated that the
provision is merely ratifying what Clause 12.1 of the Guidelines for Nigerian
Content Development in Information and Communications Technology (ICT) released
by the National Information Technology Development Agency (NITDA) in 2018
stipulate on the storage of subscriber and consumer data.

The lawyer also added that
the data protection clause would lead to a development known as splinternet or
cyber-balkanization which means the segregation of the internet by various
regions due to factors such as technology, nationalism, commerce and laws.

He further noted that a
fundamental flaw with data localisation policies is that it has the effect of
undermining innovation and may stifle the development and advancement of
Nigeria’s IT sector.

Ridwan Oloyede a research
fellow at African Academic Network on Internet Policy and
Nigerian Lawyer shared his view on data localisation. The lawyer stated that
while data localisation could create new jobs and a thriving industry, it
decimates the borderless nature of the internet and hurt trade liberalisation
facilitated by cross-border data transfer. “The digital economy depends on the
cross-border mobility of data.”

The legal practitioner
advocated that in extreme situation, it could impact the use of basic services
like social media, restricts access to information, facilitate censorship and
limit free expression.

According to Oloyede, “For
entities operating within Nigeria, it means, the imposition of onerous
obligations to comply. Think of the economic cost of setting up and maintaining
a data centre, and separation and movement of data. Think of slower operational
process. Data localisation is a clog on innovation. It’s a trade barrier and an
unreasonable burden on businesses.

“The provision of Section 36
and 49 of the Bill on data localization is confusing and would be subject to
possible contention. The provision merely stated data should be stored
physically in Nigeria without distinguishing whether it is sourced outside
Nigeria, about residents in Nigeria, or outside the scope of the Bill, and it
appears not to tolerate an exception.

Photo Credit – www.tasgroup.eu

The Law In Nigeria And The Realities Of Modern Commercial Arbitration – Basit Kolapo, Saka

by Legalnaija | May 21, 2019 | Uncategorized

INTRODUCTION

As the
world continues to integrate, business and economic transactions have become
more. This is not to say that countries and states have to loosen their grip on
their sovereignty, NO, rather countries have to be ready to accommodate others if
the world is really going to be one big, prosperous village. International
trade naturally comes with disputes, as such laws and lawyers need to be very
flexible to accommodate this reality.

Arbitration
as a method of resolving commercial disputes is on the raise, and Nigeria is a
very important part of this. In 2018 it was reported that, The International
Court of Arbitration will launch an African Commission “to co-ordinate its
growth and activity in Africa, as part of the arbitral institution’s drive to
expand its use worldwide”[i].
The members of this commission include Funke Adekoya, Babatunde Ajibade, and
Dorothy Udeme Ufot to mention a few. Nigeria has more members in this
commission, than any other country. This goes to show how influential our
Arbitrators are on the Continent and in the World.

THE
ISSUE

While we
are working on making our Arbitral institutions much more viable and conducive
for international commercial arbitration, it is important that we review our
laws to accommodate more positive and business smart ideas. The Legal
Practitioners Act (“LPA”), as amended in 2014 is one of such laws.

In
defining who a legal practitioner is in Nigeria, the LPA gave a rather
restrictive definition. Thus, Section 2(1) of the LPA provides that:

“Subject
to the provisions of this Act, a person shall be entitled to practice as a
barrister and solicitor if, and only if, his name is on the roll.”

Section
24 of the Act, further defines “legal practitioner” as:

“a
person entitled in accordance with the provisions of this Act to practise as a
barrister or as a barrister and solicitor, either generally or for the purposes
of any particular office or proceedings”

In
context, “on the roll” would mean the roll in Nigeria. The Supreme Court in
Okafor v. Nweke[ii]
per Onnoghen, JSC, said of the meaning of legal practitioner at page 531 as
follows:

“From
the above provision, it is clear that the person who is entitled to practice as
a legal practitioner must have had his name on the roll…For a person to be
qualified to practice as a legal practitioner he must have his name in the roll
otherwise he cannot engage in any form of legal practice in Nigeria.”

Which
means that once your name is not on the roll in Nigeria, you cannot practice as
a legal practitioner in Nigeria. What then happens to the voluntariness to
choose who represents a person in an arbitral tribunal? especially where commercial
and investments issues are to be determined and expatriates decide to use
expatriates as their arbitrators? Bearing in mind that Article 4 of the
Arbitration Rules of the Arbitration
and Conciliation Act (“ACA”)[iii]
already provides that:

“The
parties may be represented or assisted by legal practitioners of their choice….”

This
provision is not at par with the provisions of the LPA. The ability to choose
is what makes arbitration special. Parties should be able to choose their respective
counsel voluntarily, they should be able to choose the laws that would govern
their disputes resolutions, they should be able to choose their seat of
arbitration and also to what extent local courts can intervene in their
agreements.

THE
ESCAPE PLAN

A
collective read of relevant laws, however, can allay the fears of foreign
investors. Section 57(2) of the Arbitration and Conciliation Act provides for
circumstances in which an arbitration in Nigeria will be considered to be
international. Paragraph (d) is one of them:

“(2)
An arbitration is international if –(d) the parties, despite the nature of the
contract, expressly agree that any dispute arising from the commercial
transaction shall be treated as an international arbitration.”

In determining
whether a party to an arbitration conducted under the ACA can retain a foreign
counsel to represent him in an arbitration in Nigeria or not, this section is important.
Where parties agree to conduct their arbitration under the ACA as one that is
international, The ACA in section 53 does not make the Rules mandatorily, as it
provides:

Notwithstanding
the provisions of this Act, the parties to an international commercial
agreement may agree in writing that disputes in relation to the agreement shall
be referred to arbitration in accordance with the Arbitration Rules set out in
the First Schedule to this Act, or the UNCITRAL Arbitration Rules or any other
international arbitration rule acceptable to the parties.

This
provision allows parties to incorporate the UNCITRAL Arbitration Rules or any
other Rules into their agreement as the rules applicable to the arbitration. The
2010 UNCITRAL Arbitration Rules provides in Article 5 that:

“Each party may be represented or assisted
by persons chosen by it…”

Thus,
this allow the parties to exercise liberality in the choice of counsel and
terms of agreement. Which further reiterates the beauty of arbitration and why
it is the most adopted for the resolution of conflict that arise from
commercial and investment disputes. Further buttressing the position of
Honourable Justice Nnaemeka-Agu, J.S.C in Agu v. Ikewibe[iv]:

“The
legal basis of all arbitrations is voluntary agreement. If there is a
distinct agreement to appoint an umpire to determine the difference between the
parties and other conditions are present, there is arbitration…”

CONCLUSION

Consequently,
where parties to an arbitration in Nigeria seek to be represented by foreign
counsel not caught within the definition of ‘legal practitioner’ under the
Legal Practitioners Act, the only way their aim can be achieved is for them to
agree to designate their arbitration as international, which under the ACA, can
be done by simple agreement. The parties will also need agree to the incorporation
and applicability of the arbitration rules to the arbitration and such rules
will have to go further than simply stating that a party can be represented by
a ‘legal practitioner’.

It is
important to always have a clear-cut principle and position of law. Although,
it can be argued that Section 2(2) of the LPA also serves as an escape route
since it empowers the Chief Justice of Nigeria to grant a person warrant (upon
application) to practice as a barrister for the sake of a particular
proceeding. So, where necessary, a lawyer trained in a jurisdiction with
similar laws like Nigeria’s, can apply to the CJN for a warrant to allow him
represent a client at an arbitral tribunal. The grant of such application is
exclusively at the discretion of the CJN, which of course has its effects.
Thus, it is important to amend the law to exempt arbitrators from its rigidity.

The
import of lawyers has numerous benefits, not just to the economy but also to
the standards of our arbitral institutions, laws and environment. While it is
understandable that the LPA is protecting the jobs of Nigerian-trained lawyers,
it is also shutting the doors to more economic prosperity as well as the
exchange of resources and ideas, which cannot be measured.

Basit
Kolapo Saka, Esq.

Associate,
Ayanlaja, Adesanya & Co

Kolapo
is a legal practitioner at the prestigious Ayanlaja, Adesanya & CO, Situate
in ILupeju, Lagos.

He has
keen interest in Business and Corporate Law, Commercial Arbitration and Legal
Compliance.

He
writes, and advises business start ups and SMEs.For questions or futher
clarifications: k_basyt@yahoo.com, @_Kolamposi

[i] https://www.africanlawbusiness.com/news/8483-icc-commission-targets-african-arbitration-growth
accessed on 14/05/19

[ii] [2007] 10 NWLR (PT 1043) 521

[iii] Where the seat of an arbitration is in Nigeria, the Arbitration and
Conciliation Act will be the lex arbitri. Arbitration and Conciliation
Act (“ACA”) is the primary legislation in Nigeria.

[iv] (1991) 3 NWLR (PT 180.) 385 AT 417-418

NBA-AGC 2019 UPDATE; Young Lawyers To Enjoy 25% Early Bird Registration Discount At NBA Annual Conference

by Legalnaija | May 17, 2019 | Uncategorized

The Nigerian Bar Association Technical Committee for the Conference Planning of the 2019 Annual General Conference held a meeting yesterday, the 16th of May, 2019 in Lagos. The Committee deliberated on alot of issues and received reports from the various sub committees on preparations for the Annual General Conference to be held in Lagos at the Hotel Eko & Suites and Harbour Point (easy walking distance between each other). Presentations were made on critical issues like conference materials, socials, logistics, accommodation, speakers. The Committee took into primary consideration complaints of members regarding previous conferences and the need to satisfy the generality of members of the NBA.

The TCCP affirmed it’s readiness to deliver a world class conference that will also be pocket-friendly in line with the assurances of the NBA President, Paul Usoro, SAN. In this regard, the TCCP recommended and same was approved by the NBA President for a drastic reduction in the conference fees for lawyers between the ages of 1-9 years at the bar. In furtherance of this the NBA President approved the TCCP’ s recommendation that lawyers between the ages of 1-4 years and 5-9 years at the bar shall be entitled to a 25% discount on early bird registration. The TCCP also resolved to retain the conference fees as scheduled for the 2018 conference (which was the same as that of 2017 conference). Therefore, the TCCP refused to increase the conference fees that were paid for the 2018 conference, and added a further discount for early birds only for members between 1-9 years of call.

Further information on the commencement of registration and the payment portal shall be released soon.

*Kunle Edun*

_Chairman, NBA-AGC 2019 Media & Publicity Sub-Committee._

What is the penalty for attempted suicide in Nigeria

by Legalnaija | May 13, 2019 | Uncategorized

Section 327 of the Criminal Code Act states that any person who attempts to kill himself is guilty of a misdemeanour and is liable to imprisonment for one year.

Section 326 further states that –

Any person who –

1. Procures another to kill himself; or

2. Counsels another to kill himself and thereby induces him to do so, or

3. Aids another in killing himself;

Is guilty of a felony and is liable to imprisonment for life.

Provisions of the 2017 Compulsory Treatment And Care For Victims Of Gunshots Act

by Legalnaija | May 12, 2019 | Uncategorized

The law mandating the compulsory treatment of gunshot victims
was passed by the 8^th Senate and signed into law by President Buhari
in 2017. Before the passing of the law, it was the norm for hospitals to refuse
treatment to gunshot victims and some other hospitals may eject such a victim
from its premises, despite the immediate medical attention needed to save the
life of such a gunshot victim.

The reason why Nigerian doctors would turn their
backs on their Hippocratic oath and refuse to treat victims of gunshot wounds
was due to the incessant harassment and sometimes arrest of medical staff who
rendered such treatment by the police. It was customary for the Chief Medical
Director of such hospital to be questioned as to any links with armed robbery
syndicates or gangs.

While this police directive was being enforced, the lives of
many persons who had been victims of armed robberies and other forms of accidents
or incidents involving gun wounds would usually pass-on before any meaningful
help arrives. Such victim while bleeding would first be expected to be taken to
the police station, after which the statement’s of the persons who helped the victim
will be taken and a police officer dispatched with the victim to a nearby
hospital or a police report prepared by the police but to be handed over to the
hospital. Many Nigerians have died because of this delay and it was to prevent
the further unnecessary loss of life of other Nigerians that the Gunshot Act
was passed into law.

Section 1 (one) of the Act provides that all hospitals in
Nigeria shall accept and treat without a police clearance any person with a
gunshot wound. Section 2 (two) of further mandates all security agencies to
render the necessary assistance to gunshot victims and ensure that they are
taking promptly to an hospital for treatment. Furthermore, in the said Section,
the law provides that all victims with gunshot wounds shall be treated without
a request for initial monetary deposits and such persons shall not be victims
of any inhuman or degrading treatment.

The hospital in Section 3 is also placed with the
responsibility of informing the nearest police station whenever a gunshot
victim is brought in and the Police are mandated to immediately investigate and
ascertain the cause of the gunshot wound. Hospitals that fail to make an
official report according to the law as described above commits an offence and
is liable upon conviction to a fine of N100,000
(One Hundred Thousand Naira) and every Doctor directly concerned will be liable
to up to 6 (six) months imprisonment and/or a fine of N100,000 (One Hundred Thousand Naira) each (Section 5). Hospitals
are also required to contact the family of the victim within 24hrs of identifying
such person (Section 10) and ensure a proper record of such treatments are kept
accordingly (Section 12).

In the past, it was the culture of the police to immediately
request the presence of a gunshot victim at the police station for further
investigation and such persons were usually taken to the station without
adequate attention paid to the wounds and the extent of their recovery. Hence,
the Act in Section 4 restricts the police form inviting a gunshot victim to the
station for investigation unless cleared by the Chief Medical Director of the
hospital.

A key provision of the Act is how it seeks to protect all
volunteers or helpers of a gunshot victim, it was usual practice for such a
person to be arrested by the police, however, the Act iin Section 8 (eight)
directs that such person be treated with respect and shall not be subjected to
unnecessary and embarrassing interrogation in their genuine attempt to save the
life of the victim.

Persons who break the law or who cause any form of emotional
or psychological damage to the victim is liable on conviction to imprisonment
for a term of 15 (fifteen) years without option of a fine. Also any person who
fails to carry out a duty as stated in this Act which leads to the death of a
person with gunshot wounds is liable to imprisonment for 5 (five) years and/or
a fine of N500,000 (Five Hundred Thousand
Naira).

Lastly, in addition to the penalties stated above, the Court
may also order that restitution be made to the victim and same may be enforced
by the victim or by the State Prosecutor. It is important that many police
officers and medical practitioners are informed of the provisions of this law
so as to ensure the protection and treatment of victims with gunshot wounds.

Legalnaija

@legalnaija

www.legalnaija.com

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