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Impact Of Technology On Employment In Nigeria | Adeyemi O. Owoade, ESQ

by Legalnaija | Mar 7, 2019 | Uncategorized

Technology has and continues to
impart all aspects of human existence. Work and Employment are no exceptions.
Since the Industrial Revolution, Employment, and the complexities of the Work
Place have evolved severally and systemically. In recent times, work has
shifted from the conventional skill and labour orientation to a more
sophisticated technical orientation. This shift is substantially due to the
impacts of modernization and improvements in technology. This technology
infusion in workplace has generally affected affairs and interactions.

Recently, fear has been
instilled in the hearts of countless actual and prospective employees (skilled
and unskilled); Artificial Intelligence is going to take over the jobs that are
eve inadequate in the first place. Notwithstanding this scare, the importance
of technology is unquantifiable. It cannot be over emphasized in the area of
employment.

EMPLOYMENT
BEFORE THE INCEPTION OF TECHNOLOGY

Before the advent of technology
in the work place, offices placed advertisements for employment via the mass
media. I remember seeing graduates in my area way back rushing to the newspaper
stand every morning to check for job vacancies! Applications by applicants were
submitted either personally or by post. Job interviews were conducted only
physically or what lawyers commonly term inter
praesentes (FACE-TO-FACE). Even when a person was eventually employed, work
was done based on either the skill or labour of the employee i.e. productivity
was majorly based on the output of the employee. Clients outside the
jurisdiction of the companies had to either take long trips or undergo the
rigour of posting letters in other to pass on simple information to the
company. Once members of the Board of Directors were absent or offshore,
companies were grounded, brought to a standstill and could not make major
decisions.

POSITIVE
IMPACT OF TECHNOLOGY

At this juncture, it is
important to consider the positive impact of technology on employment in
Nigeria in recent times:

First, communication at work
place has improved immensely due to the introduction of smart phones, chat-apps
and video conferencing. Sending of emails, texts, and even documents are now
seamlessly done via the internet. Also, technology has improved work through
remote-working, tele-conferencing and co-working which have all ensured the
possibility of the work-from-home phenomenon; office work carried outside the
office. This is possible through apps such as Google-chat, Redbooth,
Go-to-meeting, Zoom etc. Online (Google) maps also help in navigating
unfamiliar places and enhance communication with locals.

Furthermore, in work
organization, technology has assisted in keeping business fully organized
through software such as Project Management Software, Facility Management
Software, SaaS Tools (when installed in a work places, eliminates manual
handling of task by automating when possible and focusing on integration of
different tasks) etc. This has helped improve the quality, efficiency and
degree of output of work done in diverse organizations.

In addition, Technology has
ameliorated the security of confidential information. This is achieved through
an end-to-end encryption of data on hardware and software and access to them is
possible through finger prints, facial recognition and passwords. Even
lockers/safes containing hardcopy data can also be secured by technology.

Lastly, technology has
monumentally improved employee/employer relationship. Accountability of
employees can also be monitored through the use of CCTV, Clocking system etc.
Also, during training of employees, technology can be applied through the use
of different applications in improving of the professionalism of the employee.

NEGATIVE
IMPACT OF TECHNOLOGY

Since the advent of technology
and through its years of improvement, the fear that the technological change
will lead to mass unemployment has remained inherent in man. In a much cited
1983 article, a great economist Wassily Leontief stated that with the rapid
pace of modern technology, it may be impossible for many workers to adjust.
Workers are being displaced from employment by machines that could work faster
and better within time. This displacement eventually leads to poverty.
Although, some Economists have disproved these assertions saying that this is
not possible as it has always been the situation since the Industrial
Revolution. Jobs and workplace will only change and people will adapt to the
new jobs. Workers will adjust to the new trends and then definition of work and
workplace will change.

Also, the advent of technology
in the work place has broken down the bridge between work life and home life as
even after the close of work, employees still receive tasks via emails,
telephone calls etc. and have to meet up with deadlines even while at home. The
work continues even while employees are on ‘leave’ from work and this causes
stress on the employees which eventually leads to lack of efficiency and health
problems. It must not be overlooked that the use of computers and other
electronically appliances in the workplace are subject to the availability of
electricity. Where there is power shortage, data being processed and other
relevant information would automatically be wiped out except there is a backup.
Moreover, softwares are prone to be affected by virus and this damages all
relevant files and database, confidential information stored on the computer.

LEGAL/ETHICAL
ISSUES ASSOCIATED WITH TECHNOLOGY AT THE WORKPLACE

The 21^st century
storm of technology has raised a lot of legal/ethical issues particularly as it
relates to the workplace. Although, these cases are few in Nigeria, there are
quite a number of them within foreign jurisdictions.[i]

In Nigeria, employers take
disciplinary actions against employees for acting against laid down social
media usage rules; where an employee posts what is deemed as “inappropriate
information” on social media which would reasonably operate to belittle or
diminish the integrity of the organization. Such disciplinary actions include
termination of the employment of erring employees, instituting legal actions
against them, et al.

It is meanwhile the opinion of
the author that gross misconduct at work through the use of technology or
social media by an employee can lawfully
occasion termination of employment of such erring employee. This opinion is
firmly anchored upon a number of cases where gross misconduct was held as a
ground for lawful termination of employment and substantiated by some crucial
judicial authorities. Although none of the cases directly exemplifies or
addresses a circumstance where use of social media by an employee was found to
amount to gross misconduct, the legal reasoning that follows below is incisive
nonetheless.

In EZE v. SPRING BANK PLC [2011] 11-12 (pt.1) SCM, 93, the
following definition was brought to focus:

“Gross
misconduct has been identified as a conduct that is of a grave and weighty
character as to undermine the confidence which should exist between an employee
and the employer”.

It is submitted that the above
definition of gross misconduct spaciously covers any improper act of an
employee on social media which brings the employer into disrepute. In
continuation, the Supreme Court in the afore-cited case stated:

“An
employee may be summarily dismissed without notice and without wages if he is
guilty of gross misconduct. It is no longer the law for an employer to wait for
court’s pronouncement on a gross misconduct of his employee bordering on crime
before dismissing him”.

From the foregoing, it is
further submitted that gross misconduct emanating from an improper use of
social media can lead to the dismissal of an erring employee.

Furthermore, Section 37 of the
Constitution of the Federal Republic of Nigeria 1999 (as amended) stipulates
that every citizen of Nigeria has the right to personal privacy, even in their
homes, correspondence, telephone conversations and telegraphic conversation.
Suffice it to say that the employee in a workplace has his/her privacy
safeguarded by the Nigeria Constitution. A question however rears its head:

“Can
an individual’s fundamental right to privacy) be limited by an employment
agreement which is inferior to the constitution?”

The author answers in the
negative.

Telecommuting can generate legal
issues arising from the determination of time spent on work, overtime and even
commitment of employees to work while physically away from work. “Telecommuting
(also known as working from home, or e-commuting) is a work arrangement in
which the employee works outside the office, often working from home or a
location close to home (including coffee shops, libraries, and various other
venues). Rather than traveling to the office, the employee “travels” via
telecommunication links, keeping in touch with coworkers and employers via
telephone and email.”

Issues may arise from whether
employees who neglect or refuse to turn in the work outside work hours can be
queried. It is advised that employers establish a Telecommuting Policy
specifically relating to certain position or designations within the
organization. Also, employers may need to execute an agreement with the
employee outlining what is expected from employees during such work time. Such
agreement may also contain how to document time spent working.

In the same vein, it must be
emphasized that the incidence of employers having access to passwords of
employees’ social media account without the freewill or consent of such
employees is unreasonable and a brazen infringement on the fundamental right of
privacy of such employees.

In another related scenario, the
use of video surveillance by employers on employee in the workplace does not
necessarily breach constitutional rights. Although, actions can be instituted
against employers preventing the use of employee monitoring in areas designated
for health and personal comfort such as restrooms, locker rooms or lounge. However, in the United State of America,
certain states have enacted laws prohibiting disclosure of personal social media
passwords of employees to their employers and use of video surveillance in
certain areas on employees.[ii]

Importantly however, in order to
prevent avoidable legal issues or controversies, employers must ensure that
Social Media Policies are carefully and expertly formulated and communicated to
their respective employees.

CONCLUSION/
RECOMMENDATIONS

In conclusion, due to the
dynamics and speed-of-lightning nature of technological development, more
challenging legal/ethical issues are bound to arise in future. Employees and
Employers are hereby advised to:

1. Ensure
that privacy rights of employees are not infringed upon in the workplace
through the use of technology

2. Employers
should ensure that computer use policies that provide for employer monitoring
in the workplace should be clearly communicated to the employees

3. Employees
should undergo adequate training on acceptable use, storage and retention of
data in the workplace

4. Policies
regarding emails, internet, social media and passwords should be frequently
reviewed and updated given the constant nature of change in technology.

Adeyemi O. Owoade, ESQ

Adeyemi O. Owoade is a Legal Practitioner in Ololade
Ogunbanjo & Co. Ijebu Ode, Ogun State, Nigeria. He has keen interest in
Labour law, Finance and ICT Law.

[i]
See for example Smith v Colorado Interstate Natural Gas Co. 777 F. SUPP 854 (D.
Colo 1991). Pietrylo v. Hillstone Rest. Grp (2009) U.S. Dist. Lexis 88702. City
of San Diego v. Roe 543 U.S. 77(2004). Palleschi v. Cassano 2013 WL 3222573 (N.Y. App. Div.
Jan. 29, 2013.) Ehling v. Monmouth-Ocean Hospital Service Corp, 872 F.SUPP.2d
369, 2012 U.S. Dist. Lexis. 74558 (D.N.J., 2012).

[ii]
Connecticut and Delaware require employers to notify employees while monitoring
their email communication. Colorado and Tennessee requires public entities to
adopt a policy related to public employee email. In McLauren v. Microsoft Corp.
(1999) TEX APP LEXIS 4103 (Tex APP May 28, 1999), it was held that whatever was
sent by the employee through the workplace mail is the property of the
employer. In TBG INSURANCE SERVICES CORP. v. SUPERIOR CT. G6, no reasonable
expectation of privacy in an employer’s computer located in an employee’s home.
In Garrity v. John Hancock Mutual Life Insurance Co 2002, it was held that no
reasonable expectation of privacy in emails transmitted on employer’s computer
system; employer’s interest in promoting sexual harassment is greater than
employee’s privacy interest.

Some states in the United States of America have
outlawed the use of GPS and Radio Frequency Identification devices on their
employees.

References

1.
Dan Schmidtt, Kenneth G, ‘Labor Law 2.0: The
Impact of New Information Technology on the Employment Relationship and the
Relevance of NLRA (2015) Articles by Maurer faculty Paper 1778 http://www.repository.law.indiana.edu/facpub/1778

2.
Eddy D. Ventose, ‘Internet & Technology
Usage in the Networked Workplace: Legal Implications’. Available on https://www.onecaribbean.org/wp-content/uploads/LegalAspectsInternetUsageWorkplace.pdf

3.
J. Ella, ‘Employee Monitoring and Workplace
Privacy Law’ American Bar Association, Section of Labor and Employment Law
(2016) available on https://www.ameriacnbar.org/content/dam/aba/events/labor_law/2016/04/tech/papers/monitoring_ella.authcheck-dam.pdf

4.
J.
Yarby, ‘Legal and Ethical Issues of Employee Monitoring’ Online Journal of
Applied Knowledge Management Volume 1, Issue2, 2013, pp44-55

5.
Law
Now, ‘Technology at the Workplace – A European Overview of Employment Law
Issues in a Modern Working Environment’ (Online) posted on 18^th May,
2017 on https://www.cms-lawnow.com/ealerts/2017/05/technology-at-the-workplace accessed on 9th February,2019.

6.
Oladele Ogunshote and Eberechi Ukejianya,
‘Getting the Deal Through – LABOUR & EMPLOYMENT 2007’, STREAMSOWERS &
KOHN

For meaning of Telecommuting
vihttps://www.thebalancecareers.com/what-is-telecommuting-2062113

[1] See
for example Smith v Colorado Interstate Natural Gas Co. 777 F. SUPP 854 (D.
Colo 1991). Pietrylo v. Hillstone Rest. Grp (2009) U.S. Dist. Lexis 88702. City
of San Diego v. Roe 543 U.S. 77(2004). Palleschi v. Cassano 2013 WL 3222573 (N.Y. App. Div.
Jan. 29, 2013.) Ehling v. Monmouth-Ocean Hospital Service Corp, 872 F.SUPP.2d
369, 2012 U.S. Dist. Lexis. 74558 (D.N.J., 2012).

[1]
Connecticut and Delaware require employers to notify employees while monitoring
their email communication. Colorado and Tennessee requires public entities to
adopt a policy related to public employee email. In McLauren v. Microsoft Corp.
(1999) TEX APP LEXIS 4103 (Tex APP May 28, 1999), it was held that whatever was
sent by the employee through the workplace mail is the property of the
employer. In TBG INSURANCE SERVICES CORP. v. SUPERIOR CT. G6, no reasonable
expectation of privacy in an employer’s computer located in an employee’s home.
In Garrity v. John Hancock Mutual Life Insurance Co 2002, it was held that no
reasonable expectation of privacy in emails transmitted on employer’s computer
system; employer’s interest in promoting sexual harassment is greater than
employee’s privacy interest.

Quick Review Of The CBN’s Anti-Money Laundering/Combating The Financing Of Terrorism (Aml/Cft) Policy And Procedure Manual | B.K. SAKA

by Legalnaija | Mar 6, 2019 | Uncategorized

INTRODUCTION

The Central Bank of Nigeria (CBN) introduced new rules to
prevent money laundering in the country called the Anti-Money
Laundering/Combating the Financing of Terrorism (AML/CFT) Policy and Procedure
Manual (“The Manual”) just last month (February 2019), with the aim of further
achieving its mandate as set out in the Central Bank Act 2007 (as amended). Within
the scope of the Anti-Money Laundering/ Combating the Financing of Terrorism
(AML/CFT) Policy and Procedure Manual, Money laundering is “the act of directly or indirectly concealing or disguising any fund or
property that is derived from the proceeds of an unlawful activity. Simply put,
it is the process by which “dirty” money is made to look legitimate or “clean”
so that funds may be used freely without any trace of its illicit source”.

The manual essentially set out strategies and systems to
guide workers and the Bank conduct business in accordance with Anti-Money
Laundering laws and guidelines. The manual intends to set up systems and least
models to shield the CBN from being utilized as a channel to launder cash,
finance terrorism and different types of monetary violations.

HIGH POINTS OF THE MANUAL

In the released Manual, CBN posited that it will guard
against establishing correspondent banking relationships with high-risk foreign
banks such as shell banks, with correspondent banks that have historically
allowed their institutions to be used for Money Laundering / Financing
Terrorism (ML/FT).

The AML/CFT Policy and Procedure Manual provides that
exchanges directed through correspondent banking relationships will be overseen as per a hazard-based methodology, and Know
Your Correspondent (KYC) strategies will be built up to discover whether or
not the correspondent bank or the
counterparty is itself managed for money laundering counteractive action.

Likewise,
where controlled, the correspondent shall verify the identity of its clients as per Financial Action Task Force (FATF)
benchmarks, and where this isn’t the situation, extra due diligence will be required to determine and evaluate the correspondent’s
internal policy on money laundering and KYC
methodology.

The Manual provides
that care ought to be taken while doing business with third parties situated in
geographic areas with a past filled with supporting terrorism, bases for drug
production/distribution, suffering from civil unrest/war.

The Manual provides
that it will acknowledge clients after due confirmation of clients’
personalities, address and additionally place of business, in the wake of
finding out their wellspring of income /reserves and in the wake of considering
the dimension and level of dangers they pose on the bank based on the kind of
business under consideration.

Care
will be taken to apply a proper dimension of due diligence, contingent upon
clients’ risks profiles including that no account will be opened for unknown or
‘made up’ clients. The apex bank would not go into an association with a
prospective client until the individual/entity has been appropriately
recognized and confirmed. The client acknowledgment process likewise
incorporates guaranteeing that the prospective client isn’t on the ‘watch-list’
which includes names of quarantined people and known fraudsters. All organisations that wish to
establish account or business relationship with the bank would be providing
proof of address while operators of the account shall be required to provide
other forms of identification such as international passports/drivers’ licence/national
identity card and Bank verification Number, (BVN). This is to ensure the
veracity and authenticity of whosoever the bank is dealing with, and also make
such person traceable, in cases of disappearance.

The Bank
will conduct customer due diligence on a risk-sensitive basis to ensure our limited
resources and focused on the higher accounts and/or transactions. The categories
to be used are Simplified Due Diligence and Enhanced Due Diligence depending on
the nature of the risk involved. The Chief Compliance Officer of the bank shall
collate and present the different reports to the banks management and the audit
committee of the board, for instance the special reports on funds transactions,
swift sanction screening reports, testing for adequacy of AML/CFT Policy compliance and the New
area of AML/CFT risks.

The Manual further provides that Whistle
blowers shall be protected by the bank if they are threatened or likely to be
exposed to risk as a result of reporting any unethical conduct, an employee who
harasses and threatens a whistle blower shall be disciplined in line with the provisions
of the Human Resources Policy and Procedure Manual (HPRRM).

CONCLUSION

With money related
crimes becoming more common than any other time in recent memory, it is vital
that the financial organizations and governments create strategies to check it.
Likely the most widely recognized method for doing as such is to implement
anti-money laundering policies that
keep the sneaking of illicitly gotten assets. Most nations currently have their
very own anti-money laundering approaches, and many necessitate that
every single monetary institution entirely submit to these arrangements so as
to help endeavours against money related crimes.

Anti-money
laundering policies regularly
require most entities that total monetary exchanges to keep careful records of
their customers’ accounts and transactions. In the event that they run over any
data that gives off an impression of being suspicious, they are required to
report it to the relevant governmental bodies for further examination. Monetary
organizations are vital for the accumulation of financial intelligence, and the
open part enormously relies upon them so as to gather information. Also, anti-money
laundering policies require financial institutions to occasionally record reports with
respect to their customers and completed transactions.

While we don’t have scarcity of laws
and regulations in Nigeria, implementation has always been the problem, the
will power and the impartiality of anti-graft agencies, sincerity and
commitment to national financial integrity on the part of local banks as well
as responsibility and responsiveness of the CBN is key to achieving financial
sanity, if all stakeholders don’t come on board to work things out, we would
keep making laws and policies to no productive end. Thus, the CBN has more work
to do, the manual is laudable, but making it work is most important.

CONTACT FOR
QUESTIONS:

Twitter:
@_Kolamiposi

Email:
kbasyt@gmail.com

Impact of Pornographic or Sensual Advertisements on the Consuming Populace| Akpan, Emaediong Ofonime *

by Legalnaija | Mar 4, 2019 | Uncategorized

The spate of pornographic advertisement is on the increase today due to the fact that sex is being used as a tool to sell almost anything. The constant bombardment of the advertising medium with sensual females and males support a growing trend of stereotypes that views women as sex tools to be toyed with. On the other hand, the child consumer is exposed to images that stir precocious erotisation.

The theological argument is that pornographic advertisements (advertisements with strong sexual undertones) corrupt public morality. The obscenities in these advertisements have a corrupting impact on vulnerable persons. It also has a corrosive effect on family and religious values. Pornography is much more widely consumed than is sometimes supposed, and it is a large and extremely profitable international industry.

The decision of the court in Heydon’s case appears to be a foremost reaction of the courts to the advertisement of pornography, howbeit through the banning of prostitution. The harms that are of most concern when pornographic advertisements are concerned are; the coercion and exploitation of women actors in the production of pornography; harms to women, both as individuals and as a group, resulting from the consumption of pornography.

The impact of these sensual (pornographic) advertisements include but are not limited to its role as a cause of violent sexual crime. Pornographic advertisements can be viewed as a sort of false advertising about women and sexuality, or as being akin to libelous speech that defames women as a group, causing corresponding harm to their reputation, credibility, opportunities and income expectations and this affects the orientation of the child consumer.

Pornographic adverts sexualises rape, battery, sexual harassment, prostitution and child sexual abuse thereby celebrating, promoting, authorising and legitimising them. By conditioning consumers to view and treat women as their sexual subordinates, pornographic advertisements undermines women’s ability to participate as full and equal citizens in public, as well as private realms. As long as pornographic adverts are tolerated and allowed to be propagated by unregulated advertisements, child consumers are at risk. However, this is not the general opinion as some writers like Dworkin throw more dirt into the ruble when he states that no reputable study has concluded that pornography is a significant cause of sexual crime.

In his opinion, the causes of violent personality lie mainly in childhood, before exposure to pornography can have any effect. In addition, the desire for pornography is a symptom rather than a cause of deviance. This is no doubt a leading cause of the hardship encountered in the bid to protect consumers especially the child consumer from the consumption of advertisements that promote pornography.

The question of whether pornographic advertisements causes harm raises tricky conceptual issues about the notion of causality, as well as empirical and methodological ones. As some liberals have argued, it seems implausible to think that consumption of pornographic advertisements, on a single or even repeated occasions, will cause otherwise ‘normal, decent consumers’ with no propensity to rape suddenly to metamorphose into rapists.

The mere fact that there may be other causes of sexual violence against women does not show that consumption of pornographic adverts cannot also be a cause. The viewing of these adverts may on its own, be neither necessary nor sufficient for violent sexual crime, yet, it might still be a cause of violent sexual crime and these other harms, if it increases the incidence of them.

It might be helpful to consider an analogy with smoking. Smoking cigarettes, on its own, is neither a necessary, nor a sufficient, condition for developing lung cancer; this is because, there are people who smoke like chimneys who never develop lung cancer and live perfectly healthy lives to a ripe old age. There are also people who have never smoked a cigarette in their whole life who develop lung cancer. Yet, it is generally agreed nowadays that smoking cigarettes is a cause of lung cancer. This is because smoking (in combination with other factors such as genetics, diet and exercise), makes it significantly more likely that a person will develop lung cancer, or so studies suggest. Likewise, it may be safe to suggest that consumption of pornographic advertisements is a cause of violent sexual crime or of sexist attitudes and behaviour generally and the child consumer must be protected from such.

There is considerable disagreement, amongst researchers as well as liberal and feminist philosophers, about whether pornography is a cause of violent sexual crime. An overall significant positive association exists between pornography use and attitudes supporting violence against women in non-experimental, as well as experimental, settings. While empirical evidence remains the subject of ongoing debate and investigation. In the absence of sufficiently conclusive evidence that pornography causes crimes of sexual violence, many liberal defenders of pornography continue to view censorship as unjustified.

However, the rights-based arguments against pornography do not rest entirely on the claim that consumption of pornography is a significant cause of violent sexual crime. The debate over whether pornographic advertisements should be censored remains very much alive and with it comes attendant problems for vulnerable persons in this case the child.

Akpan, Emaediong Ofonime

Akpan, Emaediong Ofonime is currently undergoing postgraduate studies at the University of Uyo and majors in Consumer Protection. She can be reached atakpanemaediongofonime@gmail.com

90 Young Lawyers enter 2nd Edition of Babalola’s Law Dictionary Quiz Competition.

by Legalnaija | Mar 1, 2019 | Uncategorized

At the close of entry into the 2nd edition of the Babalola’s Law Dictionary Quiz Competition, a total of 90 young lawyers across the federation have signified their interest to compete for various prizes in the competition which holds in Lagos on the 7th day of June 2019.

Meet the learned competitors:

1. Ojehumen

God’spower

Olujinmi & Akeredolu

2. Abdul

Abdullateef

Ikeyi Shittu & Co

3. Osakwe

Ifeanyi

Duale, Ovia & Alex-Adedipe

4. Olusanya

Tope

Legal Oceans View

5. Sidi

Anthony

Stream Source Synergy LP

6. Obasa

Obasa

Ogunkeye and Ogunkeye

7. Sasore

Olaitan

ADE-OSHODI & CO

8. Badejo

Adeyemi

Ikeyi Shittu & Co.

9. Iyamu

Iyamu

Banwo and Ighodalo

10.Ogunseitan

Olawale

Adenekan, Dosumu, ADENEKAN, DOSUMU AND AKINRIN

11.Abasiodiong

George

Nzadon, Laori and Associates

12.Braimoh

Braimoh

Iyoke & Company

13.Tiamiyu

Samuel

Country Hill Attorneys and Solicitors

14.Kpolugbo

Eseoghene

Babcock University School of Law

15.Awayewaserere

Mordiyah

Olusegun Alalade &Alalade

16.Ajibade

Olukayode

Ogunsanya & Ogunsanya

17.Onabule

Omoniyi

Invicta Partners

18.Ehiwe

Osamudiamen

Perchstone and Graeys LP

19.ADAM

MUHAMMED

COUNTRY HILL ATTORNEYS AND SOLICITORS

20.Apanisile

Samuel

Adonai Chamber

21.Igwe

Kemjika

Chief Rotimi Williams Chambers

22.Abdulkareem

Khalid

23.Okeke

Amara

24.Nweke

Yvonne

Legalscope LP

25.Ali

Hassana

Penthouse Solicitors

26.Olaitan

Victor

Macbenson Consult

27.Offojebe

Emmanuela

Nero’s practice

28.Dennis

Ibu

29.Abd.rasheed

Abolanle

Ministry of justice

30.Okeke

Ugochukwu

A.O Odum & Co.

31.Adeleye

Peace

Kenna Partners

32.Oyewusi

Muraina

Afe Babalola & Co

33.Iyoyin

Toriseju

National Judicial Institute

34.Ajiboye

Jesutooni

AIDAN Partners

35.Ugiagbe

Kelvin

Awomolo & Associates

36.Olapade

Oladipo

Gravida Attorneys

37.Ujah

Malachy

Grandlaw Partners

38.Ochayi

Agbaji

Ebokpo, Adedayo & Co

39.Eze

Nnamdi

Ogebe Ogebe Legal practitioners

40.Abdullahi

Fulani

M.B Dan’azumi & Co

41.Ayanda

Joshua

Tayo Oyetibo LP

42.Irogbo

Elohor

Jakpor Law Office

43.Chukwurah

Christopher

Attah Ochinke & Co.

44.Nwigbo

Ohaleta

45.Esuola

Abdulwasiu

Citizens Gavel

46.Adewale

Adeola

Niyi Ogunjimi & Co.,

47.Bamidele

Olubukola

Diipo Olakulehin & Co.

48.Enwongulu

Mabel

Sodangi Danso & Co.

49.Ozegbe

Ruth

Wahab Egbewole & Co

50.NWEZE

Nmesonma

Lateef Fagbemi SAN and co

51.Bongning

Wilfred

52.Nurudeen

Yusuf

The LegalHub Partnership

53.Agboola

Olabode

DF Legal

54.Whisky

Dan

Pistis Partners LLP

55.Kesmen

Hope

Matthew Burkaa & Co law firm

56.Oguntona

Olikoye

Chief Toye Coker & co,

57.Emejulu

Odirachukwumma

Mohammed Ndayako & Co.

58.Eniola

Victor

Nigeria Slum/Informal Settlement Federation

59.Yorkuri

Uedum

60.Imade

Iyamu

Banwo and Ighodalo

61.Sanya

Sanya

The Blue

62.Olufemi

Faith

Afe Babalola & Co.

63.Akinbosade

Adenike

Afe Babalol & Co.

64.Balogun-Tolani

Sefiat

Afe Babalola & Co.

65.Adeyemo

Mary

Banwo & Ighodalo

66.Odjighoro

Ogheneyoma

Aluko & Oyebode

67.Kalesanwo

Folashade

Grand law partners

68.Majekodunmi

Tosin

Twelve Legal

69.Solanke

Ifeoma

Strachan Partners

70.Fisayo

Okuboyejo

Olu Ojujoh n co

71.Okoko

Ayezu

A.A.Ndubuisi and Associates

72.Njoku

Chidimma

British American Tobacco Nigeria

73.Busari

Isa

Agbaje, Agbaje and Co

74.Ezeokoye

Chukwuemeka

E.Osoka&Co.

75.Abdul

Aliu

Rivers State Ministry of Justice

76.Karimu

Olakunle

Olakunle Karimu & Co.

77.Idisi

Oke

Ochuko Akpobasa & Co

78.Eke

Sandra

S.P.A Ajibade & Co

79.Ayodele

Taiwo

A.O. Fayemiwo & Co

80.Ehinmosan

Oyewole

Spa Ajibade & Co.

81.Ayodele

Taiwo

A.O. Fayemiwo & Co

82.Ogazi

Emmanuel

A. O. Fayemiwo & Co.

83.Yusuf

Abdullahi

A.O. Mohammed & Co

84.Ezeh

Melvina

Mbanaso Udechukwu And Associates

85.Ezeogo,

Prisca

86.Tuki

Shatu

M.D Karshima & Co

87.Itodo

Achenyo

Eve Chambers

88.Hassan

Abiodun

Moshood Shehu & Associates

89.Menkiti

Chinelo

Perchstone And Graeys

90.Oladeji

Benjamin

Eze & Associates

The qualifying rounds will hold on Friday 22nd day of March 2019 after which the names of the finalists shall be published.

Get Personalised Study ,Visa & Scholarships Advice at the Study UK Fair

by Legalnaija | Feb 25, 2019 | Uncategorized

Are you
considering an international education?

No better way
to evaluate your options than by attending the Study UK Fair.

You will
receive personalised counselling on the different study options

available to you , advice
from our visa experts as well as mentoring and

insider perspective from UK Commonwealth
Alumni

So get ready to
meet with UK institution representatives, UK Visas &

Immigrations service
representatives and commonwealth alumni, who will

be ready to answer your questions.

Date: 7 March
2019

Venue: Eko
Hotels & Suites, Victoria Island, Lagos

Time: 10:00am –
04:00pm.

We hope to see
you !

1st Interim Report Of The Nigerian Bar Association Election Workinggroup (2019 Nba-Ewg) On The 2019 Presidential And National Assembly Electionswhich Held On Saturday, 23rd February, 2019

by Legalnaija | Feb 25, 2019 | Uncategorized

Preamble

The Presidential and National Assembly Elections were conducted by
the Independent National Electoral Commission (“INEC”) on Saturday,
23rdFebruary, 2019 in all the thirty-six States of the Federation as well as
the Federal Capital Territory (FCT). The Elections were initially slated for
February 16, 2019 but were postponed at the instance of INEC by one week. The
Gubernatorial and Houses of Assembly elections are now scheduled to hold on
Saturday, 9th March, 2019.

Mandate

On February 12, 2019, the President of the Nigerian Bar
Association, Mr. Paul Usoro, SAN inaugurated the 2019 NBA-EWG with the core
mandate to, amongst others, observe the Presidential, Gubernatorial, National
and State Houses of Assembly Elections, 2019 and ascertain and be able to
comment on the extent of the conformity of the processes and procedures
for the conduct of the elections with the relevant laws, regional and international
standards and best practices.

The work of the 2019 NBA-EWG as stated by the NBA President was to
focus, amongst others, on observing the following:

i. The extent of compliance of all stakeholders with the governing
laws and regulations in the conduct of the elections;

ii. To what extent the elections are free, fair and credible and
that there is no voter intimidation and/or violence; and

iii. That every vote counts and to that extent, there is no
falsification or manipulation of the votes, howsoever, at any stage of the
election process, and that the announced results reflect the choice of the
voters.

Modus operandi

Having been duly accredited by the electoral umpire, INEC, the
2019 NBA-EWG not only mobilized its members but also deployed the membership of
the Association nationwide to observe and or monitor the elections in all the
States of the Federation and the FCT.

To ensure a seamless operation, the 2019 NBA-EWG set up a
Situation Room at the National Secretariat of the Association in Abuja where it
receives real-time reports and live feeds of events from its members who were
deployed on the field for the purpose of its mandate. Additionally, and in
order to achieve promptness, speed and coordination, the 2019 NBA-EWG procured
a toll-free telephone line where members called in with their reports and,
also, activated various social media platforms where it streams live reports
and events as contributed by members.

Nature of Report

This constitutes the 1st Interim Report of the 2019 NBA-EWG. The
Report makes no pretence at completeness but is submitted only as a precis of
the initial observations of its members in respect of or in relation to the
conduct of the national elections of Saturday, 23rd February, 2019. It is the
2019 NBA-EWG’s legitimate expectation that a comprehensive, composite and
all-encompassing report will be published at the completion each of the two
electoral tranches i.e.

(a) the Presidential and National Assembly Elections; and (b) the
Governorships and Houses of Assembly Elections. Meanwhile, as necessary and
required, additional Interim Reports may be issued by the 2019 NBA-EWG prior to
the publication of the final comprehensive report of the Group in respect of
the Presidential and National Assembly Elections.

Dramatis Personae

A total of Ninety-One (91) registered political parties
participated in the elections, although only Seventy-Three (73) of these
parties fielded candidates for the presidential elections in which the
incumbent President and candidate of the All Progressives Congress (APC),
Muhammadu Buhari, GCFR and a former Vice President and candidate of the
Peoples’ Democratic Party (PDP), Alhaji Atiku Abubakar, GCON, are said to be
the leading contenders.

Issues:

In respect of the Presidential and National Assembly Elections
of Saturday, 23rd February, 2019, the 2019 NBA-EWG reports as follows:

INEC and the challenges of
logistics

The NBA-EWG notes that although the elections were originally scheduled
to hold on Saturday, 16th February, 2019, INEC caused same to be postponed by a
week, citing “logistical challenges”. The NBA-EWG notes with regret, however,
that despite the postponement, the elections recorded some noticeable but
avoidable lapses associated with the same ‘logistical challenges’.

For example, members reported that polls did not commence at the
scheduled time of 8am in most polling units nationwide. This drawback was,
however, more manifest in the States of the South-South, South-East, South-West
and North-Central regions of the country.

In a number of polling units across the country, election
materials, especially ballot papers, were either over-supplied (i.e. in excess
of the registered voters in the polling unit) or under-supplied. From reports
available to us at this time, this situation was prevalent in the South-South
and South-East sub-regions, particularly in Edo, Akwa Ibom, Imo and Enugu
States respectively.

The 2019 NBA-EWG notes as well that in isolated cases (Owerri in
Imo State for example), INEC officials conducted the elections using
photocopies of approved ballot papers. In polling units where voters complained
about this unwholesome practice, the INEC officials rebuffed them and proceeded
to conduct the elections in that manner, nevertheless.

We also observed that many electoral officers could not locate the
Polling Units where they were to conduct elections. In one example at Dutse
Alhaji, Abuja FCT, polling officers who could not locate their polling unit
returned to a wrong polling unit with the electoral materials. In another
example in Abuja the polling officers actually commenced the conduct of
elections in a different and wrong polling unit.

Many voters also had difficulties locating their polling units as
there were insufficient details on the PVCs and at INEC website on how to
locate one’s polling unit. This was very prevalent in Abuja.

The splitting of the Polling Units into sub-units based on
alphabetical order without informing the voters or putting in place some order
in executing same, initially caused disenchantment as voters had lined up
randomly or in a single straight line in accordance with their time of arrival
not knowing that such polling units had been subdivided.

INEC hotlines were almost always unreachable and when reached
there was nobody to address callers’ enquiries and in some instances the calls
terminated on their own.

Smart Card Readers

The major complaints of the voters, as aggregated by members,
revolve around the card reader. The 2019 NBA – EWG reports that the performance
of the card readers, although not generally unsatisfactory, raised concerns and
provided sufficient basis for anxiety among the voting populace.

Some of the acknowledged complaints about or concerning the card
reader device include but are not limited to: inability to authenticate
fingerprints or biometrics, inaccurate or false outputs for identified card
holders, non-recognition of certain alphabets associated with some surnames or
forenames. Illustrative locations where these incidents occurred include some
polling units in FCT, Kano and Akwa Ibom States.

The Working Group reports also that in most units and concerning
the malfunctioned card readers, presiding officers commendably resorted to
manual accreditation to enable registered voters to cast their ballots.
However, this was not devoid of the associated suspicion by the voters of
possible abuse of such discretion by the polling officials.

The NBA-EWG reports also that in some polling units in Abuja, smart
card readers recognized voters’ cards but produced unintended outputs,
particularly in cases where, for example, the facial features of the Permanent
Voter’s Card (PVC) holder were inexplicably different from those displayed on
the card reader device. In such cases, the discretion whether the affected
voter proceeds with the voting process or should be disenfranchised rested with
the presiding officer. It was reported that in most of such peculiar cases,
such discretion was exercised against the registered voters.

By and large, the preponderance of opinion from the NBA-EWG, 2019
is that the smart card device although it may not have totally failed the
integrity test, created appreciable anxiety among the voting populace
consequent upon the reported cases of malfunction and/or outright performance
failure of the device.

We also observed a nation-wide absence of technical assistance
needed to resolve issues associated card reader malfunction. There were also issues
of non- availability of back-up card readers in most of the polling units
observed.

Electoral Violence

There were several reports and live feeds of electoral violence
from all over the country. Party thugs and hoodlums had a field day invading
voting centers to harass, molest and intimidate voters and, in some instances,
INEC officials. Strangely, in places where these despicable acts were recorded
or registered, security agents were either complacent or complicit.
Rivers, Lagos and Kogi states were notorious in this regard.

There were also confirmed reports from different parts of Nigeria
where voters were prevented, hindered or inhibited from performing their civic
responsibilities on the suspicion that their votes had the potential to produce
outcomes that were undesirable to or unintended by the illegal “enforcers” and
“gatekeepers”. Thus, voters were chased away and forced to return to their
homes. Akwa Ibom, Niger, Lagos, Imo, Kogi and Benue States rank high as
examples of places where these unconscionable and loathsome acts of voter
intimidation and suppression took place.

In some places, such as Lagos, Kano and Edo States, amongst
others, voters who wanted to vote for certain candidates were threatened with
violence, suffered violence and/or were prevented from voting by the earlier
referenced illegal “enforcers” and “gatekeepers”. Cases of supervised or guided
voting were also reported in parts of Kano State.

Additionally, the NBA-EWG situation room was inundated with
widespread reports confirming the manipulation of election processes by INEC
officials aided by party thugs and security agents. Such reports included
incidents where the Electoral Officers deliberately voided votes cast, refused
to allow some persons to vote, refused to allow voters whose names were on the
voters register to vote by using Incidence Forms where there were card reader
issues, giving out ballot papers with 2015 dates, refusing to stamp or sign or
date ballot papers, refusing to allow some party agents to inspect and confirm
the sensitive materials brought to polling units, etc.

Secrecy of the voting process

It was observed that all over the nation the INEC polling booths
did not offer sufficient privacy to voters. Party agents and some other persons
had widespread, easy and unrestrained access to voting areas to either
supervise voting by voters or to pry into how they were voting. Lagos, Kano,
Edo, Imo and parts of Rivers States illustratively recorded these incidents of
gross breach of voter privacy. Neither the electoral officers nor the police
officers around the voting areas made any effort to prevent and/or stop this
unwholesome practice.

Voters’ Turn-Out.

The NBA-EWG reports that despite the late arrival of INEC
officials and voting materials, the turn-out of voters and their enthusiasm for
the elections was largely impressive and satisfactory.

Voters in many places helped to organise themselves by writing
their names on sheets of paper so as to ensure orderly and seamless conduct of
the accreditation and voting processes.

In most of the polling units observed, there were significant
turnouts of senior citizens, women and even persons with disabilities.

Security Arrangements

It was observed that police personnel posted to voting centers
visited by the NBA-EWG members generally arrived on time apart from some
isolated instances where the absence of the police personnel were observed.
There were indeed cases where police personnel were completely absent or left
at some point and before the conclusion of the election processes at the
polling units.

In cases where there were infractions of electoral laws or threats
of violence or actual violence, it was observed that the police personnel at
those polling units stayed aloof and did nothing to prevent or stem those
infractions and/or acts of violence. It was also observed that in some voting
centers the number of police personnel posted there was not commensurate with
the large number of registered voters in the centers.

CONCLUSION:

As earlier indicated, this is but the 1st interim report of the
2019 NBA-EWG which may be followed by other interim reports, as deemed
necessary and required by the NBA-EWG. A detailed and final Report of the
Presidential and National Assembly Elections will be published by the NBA in
the fullness of time, specifically, after the release of all the Presidential
and National Assembly Elections results which would be preceded by (a) the
complete collation of the results by INEC; and

(b) the conduct of the elections in places where INEC has now
cancelled and rescheduled polls, notably in Rivers, Lagos and Akwa Ibom States.

SIGNED.

Mazi Afam Osigwe, FCIArb.
(UK)

Chairman

2019 NBA-EWG

23rd February, 2019

THE ONNOGHEN ASSET DECLARATION DISPUTE: A DISPASSIONATE LOOK AT NIGERIAN BAR ASSOCIATION, ITS TRADUCERS AND THE VERDICT OF HISTORY

by Legalnaija | Feb 17, 2019 | Uncategorized

There are insinuations in some quarters that the Nigerian Bar Association (NBA) is in support of the embattled CJN, Hon Justice WSN Onnoghen in his trial at the Code of Conduct Tribunal (CCT) on charges related to non-declaration or late declaration of his assets as required by the Code of Conduct for Public Officers contained in the 5th Schedule to the Constitution of the Federal Republic of Nigeria (CFRN), 1999 (as amended). Those who hold this view are quick to suggest that NBA’s support is a deliberate attempt at derailing the “war against corruption” in Nigeria.

It is my humble view that neither the NBA leadership nor the NBA as a body is in support of CJN Onnoghen as a person. All I think the NBA and its leadership have been doing is merely to demand and insist on decorum and observance of due process of law, as opposed to arbitrary desecration of the Constitution. NBA’s stand is made more rational when one recalls the famous declaration in a 1998 book titled, Lex, Rex, or the Law and the Prince: A Dispute for the Just Prerogative of King and People written by Samuel Rutherford whose view I would paraphrase it to read, “arbitrary application of laws has no alliance with God.” Besides, one must not forget that, by the very peculiar nature of their office, the judicial officers are not ordinarily able to speak out for themselves in matters such as this. The Bar serves as the mouth piece of the Bench, in deserving situations, since the two are two sides of the same coin. Let me quickly reiterate that the Nigerian Bar Association (NBA) and its leadership would lose my sympathy the day it chooses to overtly or covertly support, encourage or condone acts of corruption – whether of the public funds or of the laws. I shall now proceed to lay out the legal foundations for this humble opinion of mine in the hope that this would enflame further dialogues on the issue in a manner that could bring about a resolution, now, sooner or later, on whether the role being played by the NBA’s is reasonably justifiable or justified in the circumstances.

(1) In the case of MADUKOLU v. NKEMDILIM (1962) 1 ALL NLR 589, the Nigerian Supreme Court provided the guide on how to determine whether a court has or does not have jurisdiction in any particular case. Hon Justice Vahe Bairamian (FJ), while delivering the lead judgment in that case was of the view that a court is considered competent when, among other factors, “the case comes before the court initiated by due process of law, and upon fulfilment of any condition precedent to the exercise of jurisdiction.” In this respect, I refer us to the decision in the case of HON. JUSTICE HYELADZIRA AJIYA NGANJIWA v. FEDERAL REPUBLIC OF NIGERIA (2017) LPELR-43391(CA) where the Court of Appeal in its judgment, laid the following mandatory rule of procedure, which was cited by Nonso Robert. Attoh, with approval, in his article titled, “Constitutional Issue Raised By The Proposed Trial Of The Chief Justice Of Nigeria By The Code Of Conduct Tribunal,” and published on 14 January 2019 on www.educationalresourceproviders.com:

Whenever a breach of judicial oath occurs, it is a misconduct itself, then the NJC is the appropriate body to investigate such breaches by the judicial officer and if found to be so, such judicial officer shall face disciplinary action and the NJC may recommend the removal of such a judicial officer to the appropriate authority which is either the President in the case of a Federal Judicial Officer or the Governor of the State in the case of a State Judicial Officer and/or take other actions appropriately. When this is done and accepted by the appropriate authority in compliance with the provisions of the Constitution, then the relevant law enforcement Agent or Agency is at liberty to make the said judicial officer face the wrath of the law. Any act done by the law enforcement Agent or Agency in violation of the above is tantamount to denying the NJC its powers to discipline Judges in accordance with the provisions of Section 153(1) and Paragraph 21 Part 1 of the Third Schedule of the 1999 Constitution (as amended). See Paragraph 21 (a) & (b) of the Third Schedule, Part 1 of the 1999 Constitution (as amended) respectively. Whenever there is an allegation of official misconduct against a judicial officer and the above stated process is not adhered to, it amounts to jumping the gun and ipso facto a direct violation of the Constitution. Recourse to the National Judicial Council is a condition precedent as clearly set out by the Constitution, and any attempt by any Agency of Government to by-pass the Council will amount to failure to observe condition precedent thereby leading to flagrant violation of the Constitution.

In view of this decision in Hon Justice Ngajiwa’s case as reproduced above, can anyone tell straight from the shoulder that CJN Onnoghen could validly be arraigned and tried by the CCT at a time when the National Judicial Council (NJC) is yet to sit and give a determination over the same case? As noted by Nonse Attoh in the work cited above, the Ngajiwa judgment remains the law for what it decided until it is either set aside or overruled.

The stance of the CCT in CJN Onnoghen’s case becomes more curious when one recalls the judgment of the same CCT in FRN V. SYLVESTER NGWUTA, another Justice of the Supreme Court. The CCT had in that judgment, delivered on 15 May 2018, discharged Hon Justice Ngwuta over false assets declaration charges brought against him by the Federal Government. Hon Justice William A. Atedzeb (a member of the CCT who delivered the judgment of the CCT) had held that as a serving judicial officer, Hon Justice Ngwuta was under the management, control and discipline of the National Judicial Council (NJC) and also that the NJC is a body whose independence of external control or interference is constitutionally provided for in section 158 (1) of the 1999 Constitution (as amended). The judge then accepted and upheld the decision in HYELADZIRA NGAJIWA V. FRN (supra) as the guiding precedent, and quashed the charges against Hon Justice Ngwuta, noting that “any allegation of official misconduct against a judicial officer would first have to be referred to the NJC to the exclusion of any other body, court or tribunal.” (See https://guardian.ng/news/cct-discharges-ngwuta-over-false-assets-declaration/ accessed on 17 February 2019). Why then the summersault in Onnoghen’s case? Is sauce for the goose not sauce for the gander?

(2) The second issue is to look at the processes leading to CJN Onnoghen’s suspension from office and to determine whether they are not a breach of due process of law. Section 292 (1) (a) and (b) of the Constitution of the Federal Republic of Nigeria (CFRN), 1999 (as amended) provides thus:

A judicial officer shall not be removed from his office or appointment before his age of retirement except … by the President of the FRN acting on an address supported by two-thirds majority of the Senate, praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct; and in any other case, by the President … acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.

I respectfully submit the following as necessary implications of the provisions of section 292(1) CFRN, 1999 (as amended):

(a) Under no circumstance may a judicial officer be removed without the recommendation of the NJC (National Judicial Council) or a prior resolution of the Senate of the FRN. Accordingly, the suspension of the CJN without first complying with this provision is a violation of the constitution.

(b) I agree that under paragraph 18 of Part I of the 5th Schedule of the Constitution of the Federal Republic of Nigeria (CFRN), 1999 (as amended), one of the punishments the Code of Conduct Tribunal (CCT) may impose on its convict is “vacation of office,” I however respectfully submit as follows:

i) The CCT may only impose punishment after full trial and conviction:

The CCT is not entitled to impose any such punishment unless and until trial is completed and upon the defendant being found guilty before it. Consequently, the ex parte order purportedly given by the CCT Chairman on 23 January 2019 was an illegal order, having NO legal justification whatsoever, anywhere in Nigeria’s statute books or case law. I have given other legal reasons why the said order is null. (see https://thenigerialawyer.com/was-onnoghen-properly-suspended-is-nbas-position-in-support-of-or-against-rule-of-law-sylvester-udemezues-response-to-abu-orisankoko-oris/)

ii) The CCT does not have any powers under the Constitution to unilaterally suspend or remove a judicial officer from office:

In a statement published on February 01, 2019 on www.legalnaija.com, celebrated constitutional lawyer and Senior Advocate of Nigeria (SAN), Professor Ben Nwabueze, had submitted that “It is clear from paragraph 18 that: (a) only the CCT itself can order vacation of or suspension from office; the President is not empowered to do so, and cannot be ordered or directed by the CCT to do so; (b) more importantly, the CCT cannot make an order vacating an office or suspending a person from office until the trial before it is completed and the accused person is found “guilty of contravention of any of the provisions of this Code”; the trial in this case is only just commencing.” The learned professor of constitutional law had then gone ahead to conclude that this applies to a judicial officer in Nigeria, thus ascribing to the CCT a unilateral power to remove a serving judicial officer, albeit upon conviction of such judicial officer. With the greatest respect to the revered learned Professor-Silk, I strongly disagree with any suggestion that the CCT can unilaterally remove or suspend a serving judicial officer without the participation of (A) the President/Governor and (B) the NJC/Senate/House of Assembly, as the case may. I will explain.

Paragraph 18 (2) (a) of Part I of the 5th Schedule of the CFRN, 1999 is a GENERAL provision relating to all public officers and as such does not and cannot override the provisions of section 292 (1) of the same CFRN, 1999 which is a SPECIFIC provision relating exclusively to (only) judicial officers. Section 292(1) clearly states that “a judicial officer SHALL NOT be removed from office or appointment before his age of retirement except in the following circumstances.” There are only two such circumstances in section 292 — the first is on the request made vide a resolution supported by two-third majority vote of the Senate of the Federal Republic or the House of Assembly of the affected State, as the case may be; the second is on the recommendation of the NJC. And in each instance, removal may only be made by the President or the Governor (as the case may be).

I accordingly respectfully submit that although the CCT may, upon convicting a public officer, unilaterally give an order that the “public officer” should immediately vacate his or her office, the CCT does not have similar powers with respect to a “judicial officer.” The guiding principle is the Latin legal maxim and canon of statutory interpretation, “generalia specialibus non derogant.” The maxim states that “general provisions in a statute must yield to special or specific provisions in the same statute.” See DORE V. VERDOM [1997] 2 SCR 862. Thus, when a matter falls under any specific provision, then it must be governed by that provision and not by any later general provision in the same statute. General provisions in a law must admit or submit to specific provisions in the same law, on the same subject. This is why section 292 (1) of the CFRN (a special provision made for judicial officers) must necessarily prevail over para 18 (2) (a) of Part I of the 5th Schedule of the CFRN (which is a general provision made for all public officers).

The reason offered by the courts in support of this principle of interpretation is that the legislature, having had its attention directed to a special subject, and having observed all the circumstances of the case and provided for them, does not intend by a later general enactment or provision to derogate from its own act when it makes no special mention of its intention so to do. See LALONDE V. SUN LIFE [1992] 3 SCR 261; IBORI V OGBORU (2004) 15, NWLR (PT 895) 154; In AKINDOLIRE V. AKINDOLIRE (1977) 1 FCAR, 148, the Court explained thus:

On the maxim of generalia specialibus non derogant,’ the position of an earlier Special Act will not be affected by that of a later general Act although inconsistent with the earlier particular Act and although they deal with the same subject matter.

The above suggestion of mine is strengthened by the provisions of section 23 (3) of the Code of Conduct Bureau & Tribunal Act, 1991, Cap C15, Laws of the Federation of Nigeria (LFN), 2004 (hereinafter referred to as the (CCB&T Act) which provides that “the punishments mentioned in subsection (2) of this section shall be without prejudice to the penalties that may be imposed by any law where the breach of conduct is also a criminal offence under the Criminal Code or any other enactment or law.”

I therefore humbly suggest that the proper approach where a judicial officer in found guilty by the CCT of breach of the Code of Conduct is to make an order recommending vacation of office of the affected judicial officer, which order could or would then be a ground for the action of the NJC or the Senate/House of Assembly of a State, as provided for in section 292 (1), as the case may be. It appears that, on the clear provisions of section 292 (1) CFRN, 1999, one ground for which the NJC or the Senate/House of Assembly of a State may recommend the removal [or suspension] of a judicial officer is “contravention of the Code of Conduct.” Accordingly, issues relating to Code of Conduct are well within matter that the NJC has powers to look into in respect of a judicial officer. Any removal or suspension of the CJN pursuant only to a purported court order is improper in law as such amounts to a disregard of the condition precedent put in place in section 292(1) CFRN which makes participation of the Senate/NJC a sine-qua-non.

(3) The third issue to consider is the conduct/attitude of the CCT Chairman on the last date of adjournment of the Tribunal (CCT) in the Onnoghen case. It would be recalled that the CCT Chairman had all along insisted (against existing legislation and case law supporting the contrary) that CJN Onnoghen’s arraignment must precede the hearing of pending interlocutory applications questioning CCT’s jurisdiction to hear the case. EFCC V. PHILIP ODIGIE (2013) 17 NWLR (pt. 1384) 607 is among the cases cited by the Defence in the Onnoghen case, to show that jurisdiction is the lifeblood of any court proceedings and that once raised it is in the interest of justice to first resolve it because any proceedings conducted without jurisdiction is s nullity. The CCT Chairman had however rejected all those legal authorities and this had culminated in the issuance of a Bench Warrant by the CCT Chairman against CJN Onnoghen, who had then decided to end the drama by personally coming to court on 15 February 2019. It was however most stupefying and flummoxing to all reasonable men that when, on 15/02/2019, CJN Onnoghen entered the dock (on the orders of the CCT Chairman) and the arraignment commenced, the following scenario was reported to have happened:

As the Charge was being read to the Defendant, the CCT Chairman suddenly stopped the Clerk from continuing with reading of the charge. This was after the Clerk had read only count one. The Chairman then asked the Defence team whether it (the Defence) would prefer that pending interlocutory applications be taken first. The Defence team answered that since the Defendant was already present in the tribunal, the Defendant’s plea should be taken first.

With due respect, is it not alarming that the CCT Chairman would suddenly beat a retreat in a such a manner by deciding to do the right thing (that is, to hear the applications questioning his jurisdiction), after he had compelled the attendance of the defendant who was now in the dock and set for his own arraignment. In BAFARAWA V STATE (2014) LPELR-22322 (CA), it was held by the Court of Appeal (Per Awotoye, JCA) as follows:

… determination of jurisdictional issues come before trial and since the presence of the accused is only required when the High Court is ready to commence trial then when jurisdictional issues are yet to be determined, accused’s presence in court is not mandatory.

Section 266 (b) Administration of Criminal Justice Act (ACJA), 2015 provides that the presence of the accused person is mandatory throughout his trial “unless at the hearing of an interlocutory application.” See also EZEZE v. STATE (2004) LPELR-CA/L/370/2003; (2004)14 NWLR (Pt.894)491; and B.B APUGO v. F R N (2017) LPELR-41643(CA). It is trite that issues relating to a court’s jurisdiction are fundamental and lack of jurisdiction is fatal as emphasized in OTUKPO v. JOHN (2000) 8 NWLR (669) 507; BRONIK MOTORS v. WEMA BANK (1983)6 S.C. 158; and OMOKHAFE v. MILITARYT ADMINISTRATOR (2005) 2 MJSC 173. These and more are what the NBA and its Leadership are worried about, and which inform its principled stance in favour of due process, no matter what the outcome would be. Honestly, to me, it really does not matter if CJN Onoghen is in jail or is removed from office, provided due process of law is strictly complied with in either case.

(4) The fourth point to consider is Nemo Judex In Causa Sua. In METROPOLITAN PROPERTIES CO. (F.G.C.) LTD. v. LENNON (1969) 1 Q.B. 577, 598, Lord Denning, M.R., after reviewing the facts in the case before him, held that “a man may be disqualified from sitting in a judicial capacity on one of two grounds. First, a “direct pecuniary interest” in the subject matter. Second, ‘bias’ in favour of one side or against the other.” It was the same Lord Denning, MR who, in R. v. AMBER VALLEY DC, EX PARTE JACKSON [1985] 1 WLR 298, [1984] 3 All ER 50, gave the following insight into the determining factor regarding the likelihood of bias:

The court looks at the impression which would be given to other people. Even if he was as impartial as could be, nevertheless if right-minded persons would think that, in the circumstances, there was a real likelihood of bias on his part, then he should not sit. and if he does sit, his decision cannot stand”. It is irrelevant whether he was in fact biased, because “justice is rooted in [public] confidence.

This rule has been applied in several Nigerian and foreign cases to strike down decisions reached in spite of or in disregard of such reasonable likelihood of bias. See R. v. BOW STREET MAGISTRATE EX PARTE PINOCHET (No. 2) [2000] 1 AC 119, [1999] 1 All ER 577; R. v. Secretary of State ex parte Kirkstall [1996] 3 All ER 304; and ZAMAN v. STATE (2015) LPELR-24595(CA). In OLIVE. v. ENENWALI (1976) 1 NMLR 49 at 50, the Supreme Court of Nigeria (quoting the dictum of Brett, Ag. C.J.N, in the case of Obadara & Ors. v. The President, Ibadan West District Grade “B” Court (1964) 1 All NLR 336) held as follows:

The principle that a judge must be impartial is accepted in the jurisprudence of any civilized country and there are no grounds for holding that in this respect the law of Nigeria differs from the law of England or for hesitating to follow the English decisions.

It is therefore sad that the CCT Chairman had insisted that CJN Onnoghen must appear before the CCT in spite of the pending application praying that he (CCT Chairman) should recuse (himself) from the case on grounds of breach of nemo judex in causa sua. So, one should not be frightened nor discombobulated that NBA and its Leadership are seriously worried and vigorously complaining and protesting. The protest or complaint is not about the person of Onnoghen himself. NBA knows that CJN Onnoghen is not above the law. NBA’s position, I believe, is that if you must punish CJN Onnoghen or indeed anyone for violation of any extant law, the procedure and processes for meting out such punishment must be in strict compliance with due process of law. NBA’s apprehensions are therefore over the aforesaid, which NBA feels constitute a grave threat to due preservation of the rule of law, separation of powers, constitutionalism, and the independence of the judiciary. Further, as can be gleaned from NBA’s published stand, rule of law and an independent judiciary (free from external influence or unnecessary harassments) are necessary to checkmate abuse of political powers and stop Nigeria from degenerating into a tyrannical State headed by totalitarian leaders evocative of Thomas Hobbes’ Leviathan (the Monster-like leaders), whose personal whims and caprices hold sway as opposed to separation of governmental powers, rule of law and preservation of individual liberty of citizens.

(5) The fifth issue for consideration is that the Code of Conduct Bureau (CCB) itself is in gross breach of due process of law when it proceeded to file the current charges against CJN Onnoghen notwithstanding the latter’s written admission in response to the allegations made against him as they relate to late-declaration and non-declaration of some aspects of his assets. A close look at section 3 of the Code of Conduct Bureau & Tribunal Act (CCB&T Act), Cap C15 relating to functions of the CCB would help us appreciate this position.

The functions of the Bureau shall be to receive assets declarations by public officers in accordance with the provisions of this Act; examine the assets declarations and ensure that they comply with the requirements of this Act and of any law for the time being in force; take and retain custody of such assets declarations; and receive complaints about non-compliance with or breach of this Act and where the Bureau considers it necessary to do so, refer such complaints to the Code of Conduct Tribunal established by section 20 of this Act in accordance with the provisions of sections 20 to 25 of this Act:

Provided that where the person concerned makes a written admission of such breach or non-compliance, no reference to the [Code of Conduct] Tribunal shall be necessary.

The singular question arising from the proviso to section 3 of the CCB&T Act is as to why the CCB, after having received CJN Onnoghen’s written admission in respect of his asset declaration, still proceeded to file charges against the CJN at the CCT. Are there no other processes and procedures put in place for dealing with a situation in which the affected public officer tenders a written admission, as his Lordship, Hon Justice Onnoghen, had done in this instance, since the CCB&T Act leaves no one in doubt in its command that no reference to the [Code of Conduct] Tribunal shall be necessary where the person concerned makes a written admission of such breach or non-compliance (proviso to section 3)? With the greatest respect, it leaves much to be desired and gives some justification to the feeling in some quarters that there might be more to all this drama than meets the ordinary eye. One could then understand why the NBA feels bothered.

All in all, the foregoing, and nothing more pretentious, I respectfully believe, is the position of the NBA and its leadership on what they see as a brazen suppression of law and due process. And this, I submit further, is the position each and every certified, responsible and reasonable Nigerian Lawyer ought to take and support. If the Nigerian Bar Association (NBA) fails, refuses or neglects to stand up in defence of rule of law and the course of justice, I wonder which other institution in Nigeria we would expect to so do. By the way, it would amount to a gross abdication of its core mandate and primary responsibly for the NBA to be looking elsewhere while Nigeria’s Constitution is being trampled upon and due process of law ditched with impunity. Rule 1 of the Rules of Professional Conduct for Legal Practitioners in Nigeria (RPC), 2007, commands all Lawyers in Nigeria to at all times “uphold and observe the rule of law, promote and foster the course of justice.” Or, did we expect the NBA to act when or after things have gone too bad? For no other purposes, other than those of amplifying why NBA’s position or stand is justified and reasonably understandable and defensible, and regarding the role of lawyers in safeguarding respect by all (leaders and the led) for rule of law, I beg to be permitted to humbly draw our attention to John W. Whitehead’s wise, bold admonition in his great book titled, A Government of Wolves: The Emerging American Police State, published on June 25th 2013. Says he:

The time to act is now, before it’s too late. Indeed, there is power in numbers, but if those numbers will not unite and rise up against their oppressors, there can be no resistance. You can’t have it both ways. You can’t live in a constitutional republic if you allow the government to act like a police state. You can’t claim to value freedom if you allow the government to operate like a dictatorship. You can’t expect to have your rights respected if you allow the government to treat whomever it pleases with disrespect and an utter disregard for the rule of law.

What is more? Leaders and followers in a country would not be able to defend their nation if they are not held accountable to the country’s laws. Ours is governance of limited power under the Constitution. We must learn to work out our problems on the basis of rule of law and respect for the constitution. W. K. Arnold appears to have captured this point more objectively in his book, The Reign in Spain: Fall & Rise of the Spanish Monarchy, published on 23 July 2016. Hear him out:

Civilized existence is one which respects the law, both wise and good laws as well as bad laws, whose constitutional basis is the will of the people. When one does not like a particular law, the remedy resides in modifying it or revoking it by the procedures established for that very purpose. That methodology is the sole means of guaranteeing that popular will cannot be seized and held captive by… with… extreme interpretations.

I rest my case here. May God help Nigeria, my country! Amen!

Respectfully,

Sylvester Udemezue

(UDEMS)

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Termination Of Football Contracts: What Is “Just Cause”? (2) |

by Legalnaija | Feb 14, 2019 | Uncategorized

INTRODUCTION

As a sequel to the first part of this article which examined “just cause” for unilateral termination as regards clubs, this second part of the article aims to discuss “just cause” for unilateral termination of contracts by footballers. It should be noted that what would amount to just cause for football clubs are different from that of players.

It is thus important to examine circumstances that may, or may not amount to just cause for termination by players.

Outstanding Salaries.

In line with the jurisprudence of both the DRC and CAS, a club’s persistent failure to pay the salary of a contracted player for a certain period can be considered an unjustified breach of an employment contract by a club. In 2018 for instance, former Cameroonian International player, Alex Song, left his former club, Rubin Kazan, after FIFA intervened and his contract terminated due to the club’s inability to pay its players’ wages. It was stated that the player was being owed 7.9 million pounds by Rubin Kazan.

However, it is worthy to note that before a player can validly terminate his contract unilaterally, a number of things must be proven.

First, the club’s inability to fulfil its financial obligation towards the player must be established. This means that the player must prove that his wages have not been paid by the club for a period of time, which is a breach of the club’s obligation towards him. In a DRC Decision, the Chamber held that the club had neglected its financial obligation towards the player, after it was established that the club had not paid the player for over four months and two of the four instalments pertaining to the signing on fee were still unpaid (See DRC 10 June 2004, No. 64133). It must be noted that the period of time which would be regarded as ‘just cause’ matters. For instance, being owed a month’s salary does not constitute ‘just cause’. This was the reasoning of the DRC, where the Chamber decided that the non-payment of one month’s salary was not ‘just cause’ for a player to unilaterally terminate his contract. (See DRC Decision of 23rd March 2006, No. 36460.). Also, the player must be able to specify the exact amount that is being owed by the club. The DRC in a case, decided that a player’s inability to be precise as to the exact amount, does not speak in favour of the player’s good faith (See DRC Decision of 23th February 2007, No. 27698).

It would also be considered whether or not the player accepted any postponement as regards outstanding payments. The DRC held that a player could not claim ‘just cause’, as it didn’t exist, due to the player accepting the postponement of payments, which was interpreted as consenting to delayed payments (See DRC Decision of 8th June 2007, No. 67770).

Furthermore, the player must also be able to establish that he has warned the club before terminating the contract; usually referred to as “notice of default”. This was the position of the DRC where it stated that even without being stipulated in an employment contract, this was a procedure regularly confirmed and applied by the DRC and the CAS (See DRC 10 August 2007, no. 87745).

It is also important for the player to be able to prove that he offered his services during the period of the contract.

Conclusively, two main conditions which a player must always establish according to the DRC are: that the late payment of the player’s salary is not insubstantial; and that prior to the contract termination, the player had issued the club a warning, drawing the club’s attention to its violation of its contractual obligation (See DRC 24 November 2011, No. 1111796).

Exclusion and Deregistration.

It is a general principle that having a subsisting employment contract with a club does not guarantee that a player must be fielded or train with the first team; as long as his/her salaries are being paid and the club fulfils its other obligations towards the player. This was the decision of the DRC where the Chamber decided that as long as the player is regularly paid his salary and the club respects all other contractual obligations, a player must accept that he might not be lined up, and that not having the player fielded does not constitute a breach of the contract. It was also stated that the decision to field the player was left to the discretion of the club, which the DRC respects. (See DRC Decision of 9th May 2014, No. 05143281). In such a circumstance, the player would not have just cause for the unilateral termination of the contract.

However, if it is contained in the player’s contract that the player may only train with the first team and/or that the player would always remain in the first team regardless of his performances, a non-fulfilment of that clause by the club would amount to a breach. In that circumstance, the player would have a just cause to unilaterally terminate his/her contract. (See the DRC Decision of 8th June 2007, No. 67229).

In the DRC Decision of 13th December 2013, No. 12131045, a player was excluded from training with neither the first team nor the second team. The DRC considered it important to point out that among a player’s fundamental rights under an employment contract, is not only his right to a timely payment of his remuneration, but also his right to be given the possibility to compete with his fellow team mates in the team’s official matches. The DRC emphasized that the non-registration of a player effectively bars, in an absolute manner, the potential access of a football player to competition and, as such, violates one of his fundamental rights as a football player. It would also constitute just cause where the player is barred from the club’s activities.

Also, in the determination of just cause for a player, the DRC considers the period of time which the player was excluded by the club. The longer it is, the likelier the Chamber is to hold that there is just cause.

Sporting Just Cause

Pursuant to Article 15 of the Regulations on the Status and Transfer of Players (RSTP) 2018, a player may also unilaterally terminate his contract where, despite being an established professional, he appeared in fewer than 10% of all the official matches which his club played during a football season. The player may terminate the contract on this basis in the 15 days following the last official match of the season of the club. In such a case, sporting sanction will not be imposed on the player, though compensation may be payable to his/her club. Although the determination of an “established professional” is judged on a case-by-case basis, it has been described in the FIFA Commentary as a player who has terminated and completed his training period, and whose level of footballing skill is at least equal to or even superior to those of his teammates who appear regularly.

CONCLUSION

Having discussed above, circumstances of just cause for players based on established jurisprudence of the DRC & CAS, a player must be certain that a breach of the club is such that amounts to just cause for unilateral termination. However, it must be noted that just cause for players is not limited to those discussed above. A recent example is an incident which occurred in May 2018. The president of Sporting Lisbon (Bruno De Carvalho) heavily criticised the team’s performance against Athletico Madrid. This resulted to about 50 of the toughest ultras of the club forcing their way into the team’s training ground, who assaulted both players and staff members. The assault left the club’s top scorer for the last few seasons – Bas Dost – with a nasty head injury. Consequently, a number of the club’s key players – Rui Patricio (the club’s captain), Bruno Fernandes, William Carvalho and Gelson Martins decided to terminate their contracts and joined respective clubs of their choice.

Thus, other situations which are of an extreme nature which would not be reasonably expected of the player to put up with in the employment relationship, may nevertheless still amount to just cause for unilateral termination even though such have not been decided upon before by the DRC or CAS.

Finally, it should also be noted that parties may also define what would constitute ‘just cause’ in an employment contract. In a DRC Decision of 15th March 2013, No. 03132433, both the club and player had agreed to a clause in the contract wherein the player could terminate the contract if the club defaults in paying his salaries for three months. The player however terminated the contract after only two months of arrears, and the DRC held that there was no just cause because the parties had freely consented to three months defaults as what would constitute just cause.

Written by – Ayomide Eribake.

Source: Sportlicitors

Termination Of Football Contracts: What Is ‘Just Cause’? (1) | Sportlicitors

by Legalnaija | Feb 14, 2019 | Uncategorized

Introduction

The principle of FIFA as contained in Article 13 of the RSTP is that, generally, a football contract cannot be unilaterally terminated by any of the parties. Thus, It can only become terminated when (i) the contract expires, or (ii) when both parties mutually agree to.

Apart from the general principle above, the only exception where a party may unilaterally terminate a contract without consequences is where there is a JUST CAUSE.

What is ‘Just Cause’?

The term ‘Just cause’ refers to the exceptions or circumstances recognised under FIFA Regulations and previous Decisions, that may allow a club or player terminate the employment contract between them, without any punishment or consequence. Any unilateral termination outside of “just cause” would attract monetary and/or sporting punishments against the defaulting party.

For example, in the DRC Decision of 2nd November 2007 No 31113, it was confirmed that a clause which permitted the club to unilaterally terminate the contract at any point in time and having to pay a compensation, is not valid. According to the DRC, such would create a disproportionate repartition of the rights of the parties to an employment agreement, to the strong detriment of the player. (See also DRC 22nd July 2004, No. 74653.)

In football, ‘just cause’ must involve a cogent reason for the termination of the contract by either party. Article 14 of the RSTP states that either party can choose to terminate a contract without any consequences where there is just cause. It is important to note that “just cause” exists for clubs, as well as Players. The first part of this article however shall be based on termination of contracts based on “just cause” by clubs.

‘Just Cause ’ by Clubs

Clubs may be allowed to unilaterally terminate the contract of their players, only where ‘just cause’ exists. The common circumstances which the issue of ‘just clause’ by clubs have arisen, will be discussed below.

a. Poor performances

In Nigeria, it is common practice that clubs unilaterally terminate players’ contracts based on poor performance; and wrongly use the word “released” in their official statements. However, based on the longstanding jurisprudence of FIFA, poor performances cannot be a just cause for the termination of a player’s contract. For example, on November 26 2004, the Dispute Resolution Chamber of FIFA decided that the clause in an employment contract which stated that the club may terminate the employment contract when the player’s performance no longer meets the club’s requirement, cannot be defined as just cause and is therefore not valid (DRC Decision 26th November 2004, No. 114534.). In that case, the parties signed an employment contract valid from 1st November 2003 until 31st October 2005. In line with Article 2.8 of the contract, the club was entitled to unilaterally terminate the contract upon a 15-day written notification of contract termination for reasons of a disciplinary nature or linked to a decline in the player’s performance which fails to meet the club’s requirements. On 1 April 2004, the player was notified in writing of the premature termination by the club of his employment contract. According to the relevant document exhibited before the DRC , the player’s contract was terminated due to a decline in the player’s performance and his inability to meet the club’s performance requirements. The DRC decided in that case that no just cause existed.

Also, in the DRC Decision of 28th July 2005 No 75975, the DRC also decided that a player’s lack of performance is no just cause for a club to unilaterally terminate an employment contract.

In summary, clubs are not allowed to terminate the contracts of their players based on poor performances. As a footballer, whether you truly have a dip in form during the season and your club eventually gets relegated, or your club makes up an accusation of “poor performance” against you; the club cannot unilaterally terminate your contract as there would be no just cause.

As a club owner or Administrator, it is advisable that the club considers finding an amicable way to agree with the player for a mutual termination of his/her contract where there is poor performance. Alternatively, the Club may offer the player to other football clubs who may be interested in his/her services.

b. Injuries

It is also important to note that a player’s contract cannot be terminated based on the circumstance that the player was injured; most especially where such injury was sustained in the course of offering his/her services to the club. In fact, it does not matter if the injury period is lengthy.

It is widely known and accepted that injures are part of the game of football. Thus, it is the duty of the club to take care of a player who gets injured while the player is under contract with the club. It would be a breach of employment if the player’s contract is terminated based on injuries. As stated by the DRC in the decision of 13th May 2005 No 55230, the DRC decided that the club’s termination of the employment contract of the player because the player was injured, does not amount to a just cause. The DRC noted that the player’s knee injury was in fact suffered in the course of the player’s service to the club, and so the club was to responsible for covering the cost of treatment as well as the costs incurred during the rehabilitation process.

c. Absence

According to the DRC, absence of a player can constitute ‘just cause’ for the termination of his contract by the club. However, the absence must be lengthy for it to be enough to constitute ‘just cause’.

Also, it would be important to establish whether or not official matches were scheduled during the player’s period of absence. In a DRC decision of 10th June 2004, the DRC noted that during the one month when the player stayed away from his employer club, no official matches were scheduled in the national league of his national football federation. Therefore, the absence of the player did not pose a serious problem to the club. In such a circumstance, rather than a termination, what a club should do is to fine or suspend the player. It is in circumstances where such an absence is lengthy or repeated so often that the club cannot be reasonably expected to put up with such behaviour, that the club can then go ahead to unilaterally terminate the contract (after having previously served a notice of absence on the player).

A recent example is the sacking by Sunderland Football Club, two of its players (Papy Djilobodji and Didier Ndong) during the course of 2018. Papy Djilobodi had indicated an interest in leaving the club, and so had an agreement with the club that he be allowed to spend the month of July on a voluntary unpaid leave. After the period elapsed and the player’s proposed transfer had broken down, the player initially refused to return to the club. It took notices of absence written by Sunderland to the player before the player eventually resumed. At that point, the player failed his fitness test and the club terminated his contract for the prolonged absence.

Conclusion

FIFA’s Regulations look to ensure that clubs and players honour the contract between them, by prohibiting premature termination of such contracts. It is only where there exists a “just cause” that such contracts can be unilaterally terminated before their expiration.

“Just cause” for clubs as discussed above are the most common where disputes have arisen. Thus, the list above is by no means limited to those. It should be borne in mind that other circumstances where any of the contractual parties cannot be reasonably expected to continue with the employment relationship, would likely be adjudged as “just cause” by the FIFA Dispute Resolution Chamber.

Written by: ERIBAKE AYOMIDE O.

Source: Sportlicitors

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