Granted, it is trite that bail is at the discretion  of the Court, however the same court has been advised repeatedly in many Supreme Court cases that such discretion must be exercised Judicially (as  an upholder of Law with pure and neutral mind) *JUDICIOUSLY* ( with wisdom and maximum discreet). 

Evidence Act lists item that can be taken judicial notice of to  wit :

I am in interested in paragraph *j*

. (1) The court shall take judicial notice of the following facts –

(a) all laws or enactments and any subsidiary legislation made thereunder having the force of law now or heretofore or hereafter to be in force, in any part of Nigeria:

(b) all public Act passed or hereafter to be passed by the National Assembly and all subsidiary legislation made thereunder and all local and personal Acts directed by the National Assembly to be judicially noticed;

(c) the course of proceeding of the National Assembly and of the Houses of Assembly of the States of Nigeria;

(d) the assumption of office of the President and of any seal used by the President;

(e) all seals of which English courts take judicial notice; the seals of all the courts of Nigeria; the seals of notaries public, and all seals which any person is authorised to use by any Act of the National Assembly or other enactment having the force of law in Nigeria;

(f) the existence, title and national flag of every State or Sovereign recognised by Nigeria;

(g) the divisions of time, the geographical divisions of the world, the public festivals, fasts and holidays notified in the Federal Gazette or fixed by Act;

(h) the territories within the Commonwealth or under the dominion of the British Crown;

(In) the commencement, continuance and termination of hostilities between the Federal Republic of Nigeria and any other State or body of persons;

(j) the names of the members and officers of the court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, *and of all LEGAL PRACTITIONERS* (capital is mine to create emphasis) 

*and other persons authorised by law to appear or act before it*

(k) the rule of the road on land or at sea;

(l) all general customs, rules and principles which have been held to have the force of law in or by any of the superior courts of law or equity in England, the Supreme court of Nigeria or the Court of Appeal or by the High Court of the State or of the Federal Capital Territory, Abuja or by the Federal High Court and all customs which have been duly certified to and recorded in any such court;

(m) the course of proceeding and all rules of practice in force in the High Court of Justice in England and in the High court of a State and of the Federal Capital Territory, Abuja and in the Federal High Court..

There is NBA the Association of all  Lawyers in Nigeria, top in the hierarchy is Mr President the NBA President. The No 1 Lawyer in Nigeria!!. The Court is enjoined by Evidence Act to take Judicial Notice of NBA President, the No 1 Lawyer in Nigeria, even when bail is discretionary it is not absolute it must be exercised *judiciously*

It is an insult, a slap, a huge embarrassment to this profession for Mr President not to be accorded respect and granted bail on self recognizance, The No 1 Lawyer of the largest bar in Africa.

It calls for a sober reflection.

It is not yet Uhuru. 

The Court has decided.  It is well.

Rafiu Tolani Esq

PU is surely facing his music. He personally took his plea yesterday. However, bear in mind that you also receive professional fees from clients, no matter how small. By the precedent being set in this case, your account could be investigated at any time and the result could be the same, if you do not scrutinize the sources of your fees.

The problem is not that PU is being prosecuted. The problem is the attempt to persecute him. Even if he is not NBA President, an average lawyer should interrogate the fact that charges preferred against a defendant were published in the social and print media up to a week before he got to be served. In other words, he first got notice of his charge and proposed arraignment from the media. 

As if that is not enough, he presented himself in court and EFCC did not come to court with that same charge that was published over a week before. The state rather invited him to come to their office to be served. It does not matter that by so doing, EFCC wasted the time of the court and all the lawyers and persons that attended the proceedings of that day. Note that the said EFCC office is just about 10 minutes’ drive to the court. So a fair-minded prosecutor could have simply sent for an officer to pick it up and bring to court.

The defendant presented himself for service and EFCC delayed him for about two hours before serving him with the charge and proof of evidence. They further delayed him for another two hours and indeed threatened to detain him, despite the fact that the matter was already before the court and the charge duly served on him. Anyway, they released him. 

On the day for arraignment, he expressed the fear that based on the events so far, he did not believe that he could get justice from the judge that was assigned to try him. The judge insisted on going on, pending the CJ’s decision, in defiance of all known authorities to the contrary. The defendant took the plea and was granted bail on stringent conditions. Stringent because, this defendant is a distinguished and SAN, and generally SANs have always been granted bail on self recognisance. There is no record of him not honouring any proper invitation by the State at any time to suggest that he could jump bail. Moreover, he is the NBA President. 

Friday, if these facts, do not bother you as a lawyer, irrespective of whether the defendant is a lawyer or not, an SAN or not, the NBA president or not, I am bereft of words.

Sixtus Onuka

“I think my president should have some Afam soup with periwinkle, right now. The case is over. Let me see how they will sustain the dummy position that PUC didn’t render legal services to Akwa Ibom or that he had a duty to know or dictate to HE Udom the source he should pay election petition fees from, and thereby committed a crime for failing to so direct. I’m laughing in Latin. (Efe Solomon Esq) “

“I think the bail conditions were to harsh!! He should have been granted bail on self-recognition. I mean, for whatever it is worth, whether rightly or wrongly, he is the NBA President.”

“It is a very sad day in the annals of our noble profession.We need to gird up our lines and pray that the “beasts of no nation” (RIP Fela) do not succeed in their quest to debase the legal profession.”

“You must understand that the concept of self-recognizance asa nail condition is not my invention. It’s in the law books. No court has said its unconstitutional or breaches concept of equality before the law. I agree the Judex has a discretion, but don’t forget that the discretion must be exercised “judicially and judiciously”. If chief olanipekun applied for bail on self recognizance and the prosecution did not oppose it, the court should not have refused it and prefer more stringent terms without giving reasons.”

It is pertinent to observe that this invasion started with a “sting operations” at the residence of their Lordships. Recall that the Bench were opportuned to protect itself through the landmark Judgement.Today, it is the President of NBA so be assured that no member of the profession is immuned. What a pity !!!! (Emmanuel Essiet)”

“The devil has lost the battle, imagine the monumental embarrassment to the BAR if these agents of darkness had succeeded to haul our president into prisons.I was already developing high BP while the proceedings was going on. The NBA must do something fast against this insult on the legal profession. The presiding Judge who did not grant bail on self recognision need to face NJC, it was a discretion not judiciously and judicially applied in all ramifications, my humble veiw.”(Olatunji Dawodu).

“*FRN VS USORO- PURPORTED MONEY LAUNDRERING CHARGE, THE EXISTENCE OF EFCC AND TO WHAT END*


Corruption is a cankerworm that has eaten deep into the economic fabric of the nation. Establishing the EFCC to fight this menace is a welcome development. That is why well-meaning Nigerians gave kudos to the administration when the EFCC was signed into law. But if you take a poll of Nigerians today on whether they supported the administration on the establishment of EFCC, opinion will be divided. This is because the powers that be has turned the EFCC into a willing tool in their hands to wage real and imaginary war against its perceived enemies using the EFCC as the hatchet man. EFCC has no real autonomy; it takes instruction from some cabals. 


The head of the commision is behaving as somebody that is above the law, not respecting people’s rights to a fair trial. He sees himself as a judge and accuser at the same time. He tries the accused on pages of the newspapers, in the process boosting his ego, and condeming the accused before their appearance in the law court. It is so unfortunate that the EFCC can be used to settled some personal grudges that are unfounded which are so unfortunate and unreasonable to discuss on. Why should I be persecuted for asking for my professional fees??Which law says i must ask my clients where they made their money from?


We all understand that what we can ill afford is the halfhearted, insincere and selective prosecution that is being practiced by the EFCC under the manipulation of Aso Rock. Unless you want to be economical with the truth, you cannot say unequivocally that the present admin is not using the EFCC to pursue vendetta against its enemies. How did PU become your enemy? Was it because he asked for his fees or there are more to it? To achieve real progress in the fight for the eradication of corruption, government must give the EFCC true autonomy and let the commission pursue its duties without let or hindrance. Only then can we say the EFCC is living to its billing.


*WE SAY NO TO THIS INTIMIDATION THAT WAS STATIONED AND TUTORED TO BRING THE BAR INTO DISREPUTE, (OLATUNJI M. D. ESQ). 

It must be pointed out that the attitude of some of our colleagues towards the present Nigerian Bar Association, NBA administration is an ill wind that blows no one no good. The war of words,  law suits without substance and good cause of action only with the intent to embarrass the NBA leadership,  connivance with EFCC to prosecute NBA leadership for charging a corporate client a high professional fee when the client has not complained;  thereby making the little fear the security operatives used to have when dealing with a lawyer to stand the risk of being eroded,  among others are reactions from certain quarters since the inception of the present NBA regime.

Permit me to make reference to what a resource person said at Johannesburg,  Republic of South Africa in March 2001, almost 18 years ago, when I attended the first conference in my life outside of Nigeria. A female resource person said in her paper that ” you don’t know a man by his actions. Actions are pre arranged. You know a man by his reactions.”

During the electioneering campaign we saw the actions of the opposition camps against Paul Usoro SAN. We saw his reactions. He never attack any personality. He only addressed issues. By such reactions from Paul Usoro SAN we knew him as a good statesman, with maturity, mutual respect, exposure and self control. 

 When Paul Usoro SAN won the NBA presidential election we now have the opportunity to see their reactions. If one may venture into doing a comparative analysis of the reactions of Paul Usoro SAN and that of his opponents one may not be wrong to say that Paul Usoro SAN was indeed a better material for the job. 

When we consider the recent suit of Ernest Ojukwu SAN against NBA and his reliance on the Freedom Of Information Act, I can’t help joining Mr. President to ask: “Why now?”  Even the holy  bible says there is time and season for everything under the sun. Even if there could have been a need for such a legal action against NBA, it has been overtaken by events, having recourse to recent reforms and restructuring of NBA by the present NBA national leadership.

NBA is advancing and moving forward in financial accountability and transparency. Even the NEC of NBA comprising of not only national officers but also branch chairmen, secretaries and NEC representatives passed a vote of confidence on the present NBA national leadership. 

NEC emphasized the need for financial

transparency, accountability and

prudence in the management of the

Association’s finances and commended

Paul Usoro-led administration for its

stringent and prudent spending and

financial management policy. 

The present NBA leadership needs encouragement from all well meaning members. Any action that distracts or is aimed to make them lose focus should be condemned in all its ramifications. Most law suits against the NBA lack merit both in form and in substance.

Politics at the micro level of NBA is different from politics at the macro level of the larger society.

Indeed a strong opposition at the macro level of politics creates a balance of power. It checks excesses. According to the old adage: “Power corrupts and absolute power corrupts absolutely. ”  At the micro level of NBA, it must be understood that NBA is the only pressure group of lawyers in Nigeria. Considering the terrain where we are where lawyers are being slapped or detained by security operatives for wanting to have audience with their clients. Security operatives disobey court orders with impunity. Even in the days of military regime, the NBA national leadership under Alao Aka Bashorun used to challenge the military dictatorship. Until in a public gathering Military President Ibrahim Babangida referred to him as “my colleague president.”  So was the sanctity of the office of NBA president respected. The respect is not just for the occupant of the office. It is for the legal profession. If the reverence for the office is jealously guarded and a lawyer is being maltreated, abused or dehumanized by security operatives, an intervention by the NBA can save the situation for the lawyer. But when lawyers themselves from within the NBA strengthen the hands of security operatives and remove the reverence for the sacred office of the president of NBA how safe are lawyers in a hostile terrain like Nigeria. After two years, the regime of Paul Usoro SAN will be over. There is no second term. But the effect of the negative reactions of some of our colleagues may take a long time before it is erased. Prevention they say is better than cure.

The present generation of lawyers and indeed the future generation of lawyers have no other pressure group than the NBA. We should arise and defend it. We should not only be intelligent. We should be wise. We should not only look at the immediate. We should consider the future of the Bar. God bless the NBA! 

Emmanuel Etietop Esq

Have you ever experienced the scenario described above? 

What did you do? 

After working so hard to deliver to a client and the client cancels the order for your goods or services at the last minute, how are you compensated for the time, effort and resources already expended on the order? . 

You can achieve this by simply informing your client before hand of your cancellation fee. A cancellation fee is a sum of money you must pay if you cancel an order after the cancellation deadline. .

You can introduce a cancellation fee into your agreements as it will go a long way in compensating you if your client changes their mind. 

@AOC.Legal/Instagram 

TECHNOLOGY STARTUPS AND DATA PROTECTION: AN EXAMINATION OF THE REGULATORY AND LEGAL FRAMEWORK OF DATA PRIVACY IN NIGERIA

Over the last two decades the world has witnessed tremendous advancement in technology. Technology continues to influence our daily activities. The improvement in that sector has also led to the increase in the establishment of technology startups that eventually scale to larger businesses. From commute to communication we resort to a device or service to make our lives easier.

What then is a technology startup? Techopedia defines startup as “a company in the early stages of business development.”  Therefore by extension, a technology startup is a startup whose main focus is on innovation and providing technology-based products or services. Startups are designed with the aim of solving a particular problem or servicing a particular need. 

The prevalent use of technology also led to an increase in the amount of data being shared. Personal details such as our names, email addresses, telephone numbers, credit/debit card details, etc. are processed and stored in servers. Oftentimes technology startups require such data to offer better services to their customers. This gives rise to issues such as the appropriate use of data and its protection from unauthorized third-party interference. 

The recent Facebook – Cambridge Analytica scandal, which involved the harvesting of data of millions of Facebook users without their prior consent by Cambridge Analytica, has brought about an increased concern for how one’s personal data is used. In the same vein, data and identity theft have given users of technology reason to be concerned with the protection of their data. Concerns for privacy of information can lead to users resorting to “self-censorship” as a means of protecting themselves. 

The above give rise to the question of what data privacy regulations technology startups in Nigeria are required to comply with while carrying out their drive for innovation.

In spite of the widespread adoption of technology in the country, the data privacy regime in Nigeria is still evolving and thus far has been unable to match the dynamic nature of the technology industry. 

Unfortunately, there is no specific data protection legislation as is obtainable in other jurisdictions such as the United Kingdom that has the Data Protection Act 2018. 

The protection of data in Nigeria begins with Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which provides for the right to privacy. It states as follows:

“The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.”

Section 37 of the Constitution appears to provide a broad protection of privacy in Nigeria, however given the currently level of improvement in technology, it can be argued that this provision would not be sufficient. Improper handling of personal data exposes the individuals concerned to immense harm. For example, in April 2018 Facebook disclosed that over 271,000 Nigerians were exposed to the Cambridge Analytica data breach.  However, given the lack of data protection legislation in Nigeria it would be a difficult task for authorities in Nigeria to demand an explanation for these breaches. 

Therefore there is need for there to be legislation that specifically protects data privacy in Nigeria. The presence of data protection legislation can go a long way in protecting the fundamental right to privacy that Section 37 of the Constitution provides. 

NITDA Guidelines

The National Information Technology Development Agency (NITDA) is an institution that was established by the National Information Technology Development Agency Act 2007 (NITDA Act). NITDA is an agency that responsible for the development and regulation of information technology in Nigeria. One of the means through which the agency does this is by developing guidelines as demonstrated by Section 6(b)-(e) of the NITDA Act 2007. It states:

“6. The Agency shall:

…

(b) Provide guidelines to facilitate the establishment and maintenance of appropriate (sic) for information technology and systems application and development in Nigeria for public and private sectors, urban-rural development, the economy and the government.

(c) Develop guidelines for electronic governance and monitor the use of electronic data interchange and other forms of electronic communication transactions as an alternative to paper-based methods in government, commerce, education, the private and public sectors, labour, and other fields, where the use of electronic communication may improve the exchange of data and information.

(d) Develop guidelines for the networking of public and private sector establishment.

(e) Develop guidelines for the standardization and certification of Information Technology Escrow Source Code and Object Code Domiciliation, Application and Delivery Systems in Nigeria.”

In line with its functions, NITDA developed the National Information Technology Development Agency Guidelines on Data Protection (NITDA Guidelines). Although these guidelines are currently being revised, they give a good idea about what technology startups embarking on business in Nigeria should consider when handling personal data. These guidelines apply to all persons who are based in Nigeria and also to persons who are based outside Nigeria if they are involved in the processing of personal data of Nigerians and persons resident in Nigeria.

A data controller can be defined as any person or body that decides the purposes and means of processing personal data. This function can be done alone or jointly with others. Therefore in relation to personal data, a technology startup oftentimes positions itself as a data controller. 

Under the NITDA Guidelines, data controllers have the duty to inform persons about the reasons why their data is being collected and the purpose for collecting personal information must be lawful and reasonable. The notice containing the purpose for the collection of data should be clear. 

Usually the purpose for which the data is being collected is stated in a privacy policy published by the data controller. The privacy policy provides detailed information such as the type of personal information to be collected, how such information will be used, and confidentiality rights. The consent of the person in question must first be obtained before the data controller can collect any information on them. The privacy policy also makes provision for what constitutes consent. 

However, data controllers should not be at liberty to collect all information on a person. By virtue of the guidelines, a data controller shall collect only the data that is needed. Thus a technology startup should collect only the information that would enable them to provide functional products and services to consumers.

In the event that data has to be sent outside Nigeria, the following criteria need to be satisfied:

1. There should be data protection guidelines or legislations in the country that is receiving the data.

2. The transfer of data should form part of a contract that contains terms as to data protection between the data controller and the receiving party.

3. The consent of the owner of the data must have been sought and obtained.

The GDPR and Its Significance for Nigerian Technology Startups

Earlier in the year the General Data Protection Regulation (GDPR) came into effect to protect European Union citizens (EU Citizens) from breaches to data privacy. The GDPR applies to data controllers who process data of those residing within the European Union, irrespective of whether these data controllers are within the European Union or not. By virtue of this increased territorial applicability, Nigerian technology startups that intend to handle the data of EU citizens must take note of this important regulation and ensure that they comply with its provisions.

Conclusion

The aim of this article was to highlight data privacy regulations Nigerian technology startups should consider before embarking on business activities. Technology presents itself as a promising means through which business and development can be fostered. In the 21st century, data has become an important commodity that must be protected given the increased security concerns that accompany the sharing of such data. On account of this, efforts must be made to develop proper data protection legislation in Nigeria and ensure a stricter enforcement of the NITDA Guidelines. The technology industry is a dynamic one and as such the law has to be ready to match up with its dynamic nature to facilitate efforts at maintaining freedom and protection for Nigerians and residents in Nigeria.

References
1. “What is a Startup?” – Techopedia Accessed on December 7, 2018.


2.  Beck, Julie “People Are Changing the Way They Use Social Media” < http://www.theatlantic.com/amp/article/562154/ > Accessed on December 7, 2018


3. Anuforo, Chinenye “Over 271,000 Nigerians affected by Facebook data breach” < https://sunnewsonline.com/over-271000-nigerians-affected-by-facebook-data-breach/ > Accessed on December 12, 2018

4. Aderibigbe, Ngozi “Nigeria Has A Data Protection Regime” Accessed on December 4, 2018.

Judy-Vallery Imasuen is a legal officer at the Committee for the Defence of Human Rights who has an interest in Alternative Dispute Resolution, intellectual property law, corporate law and information technology.

Posted on LAWYERS IN NIGERIA (Facebook) on On 13/12/2018

I never supported the candidature of Paul Usoro, I was an unrepentant fan of the renowned, amiable and proficient Teacher; Prof. Ernest Ojukwu. That, however can not blind my sense of reasoning or lure me into dancing around the truth in the recent fiasco between the NBA president (Usoro) and the EFCC. 

That EFCC is on an errand to harass, intimidate, disgrace and cow the person of Paul Usoro and by implication the entire NBA, is beyond any dispute. Those whose mission EFCC is carrying, are not comfortable with the man’s readiness to always stand for what right, fair and just. 

The most unfortunate part of the story is that some lawyers are calling for his resignation as NBA president. This is not just callous but pitiful. This is a clear case of conviction even where no arraignment was done. For any lawyer called to the Nigerian bar to hold so, is to “create a monstrous situation whose manifestation can never be appreciated until fully illustrated” 

What happens if the President resigns and his guilt was later unproven? Will he be reinstated to the position after his acquittal? Will his resignation not be an admittance of the alleged offence he has told the whole world he is innocent of? Does he owe any duty in law to prove his innocence or its the duty of EFCC to prove his guilt? 

If we allow this, there may not be any NBA president that will complete his tenure as frivolous allegations and charges will now become a sword in the hands of all opposition to the sitting President! 

Are we saying the courts must investigate the source of funds of persons who pay fines as options for imprisonment? So lawyers should, after charging their clients, get clearance from EFCC that the funds are not proceeds of crime? Is there limit to which a lawyer can charge his professional fee? The answers to this mind-bugging questions may help me align myself with your position. 

I am not in anyway saying that Paul Usoro should not face his trial but must, while doing so, be allowed to enjoy the privileges donated by the 1999 constitution to a person standing criminal trial. Presumption of innocence,….! 

Very soon religious organisations will be asked to investigate the sources of funds their members bring as offering, tithes or donations. 

We must not allow this dangerous precedent to be set, otherwise, we all will suffer it. 

My opinion, please! 

D.M. Eyyazo Esq. ACIArb (UK)

Controversies and speculations have continued to trail the graft allegation charge against the President of the Nigerian Bar Association (NBA), Paul Usoro, by the Economic and Financial Crimes Commission (EFCC), making it arguably one of the most sensational news of the day. 

The NBA President was arraigned for the said offence on the 10th of December, 2018 before Hon, Justice S.M. Hassan of the Federal High Court, Lagos. But the case was adjoined till the 18th of December, 2018, on account of the fact that the Defendant had not been served with the Charge Sheet as at the time of his appearance in court.

However, in wake of the uproar that the news of the EFCC investigation of Mr. Usoro generated since it first made the headlines, a keen debate has been stirred. Many stakeholders in the legal profession are already taking position on the matter, with not a few condemning the apparent subjective modus operandi of the EFCC.

According to one of the senior lawyers present at the court scene who spoke on condition of anonymity, it is wrong to “accuse a man of money laundering, when the monies in question has documented evidence of their origin and purpose for which they were remitted. In money laundering, money goes round in a circle and has no apparent source or purpose and cannot be linked to a service rendered. 

“In this case,” he submitted, “Paul Usoro has clearly spelt out where the said monies came from. He has also showed the EFCC necessary documents but they (EFCC) are hell-bent on pursuing an investigation. Why didn’t they (the EFCC) go and ask who paid him the money why they paid him that amount? There appears to be a vindictive undertone here, if you ask me.” 

But then, some would wonder why a respectable organization like the Economic and Financial Crimes Commission would want to toe the unscrupulous line of indignity in the discharge of their constitutional assignments.

The answer is in politics. First, it would be recalled that Paul Usoro became the subject of EFCC investigation following his emergence as the President of the Nigerian Bar Association. This has led watchers to conclude that the whole money laundering allegation was orchestrated by political bigwigs within the NBA to tarnish Mr. Usoro’s good reputation.

The Nigerian Bar Association is one of the most influential professional associations in the country, with membership strength of well over a hundred thousand registered lawyers. On record, over two thousand lawyers are graduated from the nation’s law school annually. The functions and activities of the NBA certainly have a far-reaching impact on the polity in general, and can shape the narrative of governance. 

Thus, being the President of a body like the NBA is big deal. So expectedly, there is dirty politics going on underground; a bitter opposition by those who covet Paul Usoro’s lofty position and would go to any length to bring him down. 

Moreover, another school of thought is of the opinion that the issue is not merely the fallout of the power tussle within the NBA, but the result of the politics of the larger society. Of acute significance therefore, are the State in question and its governor, Udom Emmanuel. 

Akwa Ibom State is presently one of the opposition Peoples Democratic Party’s strongholds, and 2019 general election is just around the corner. The leader of the opposition in Akwa Ibom, mind you, is Godswill Akpabio, the immediate former governor of the State under whose wings the present governor flew to power. Now, both political heavy weights have fallen apart, setting the stage for a royal rumble. In politics, you fight dirty and you fight hard with every single weapon in your arsenal.

In light of the foregoing, it may seem obvious that the prime target of the investigation is not Paul Usoro; he only happened to be at the wrong place, at the wrong time. Collateral damage, so to speak. The grand objective appears to be to ruffle the political structure of the opposition in the State, thereby diminishing Gov. Udom Emmanuel’s chances of being returned in 2019. 

Then again, all these may just be mere conjectures. In a recent statement intended to assuage public opinion, Ag. Chairman of the EFCC, Ibrahim Magu, has urged Nigerians not to listen to insinuations that the anti-corruption fight is a witch-hunt. In Magu’s words: “You cannot be invited to the EFCC if you don’t have an offence committed somewhere. Anybody you see in the EFCC has committed an offence.”

But consider Magu’s words closely, because it speaks volume. It would appear that the EFCC already has a position on the matter. In their book, you’re already guilty. Paul Usoro is already guilty, even before the trial commenced in court! With positions like that, it becomes an almost impossible endeavor for anyone to get fair treatment when he has a case with the EFCC.

Expectedly, there are dissenting opinions on the matter. A number of legal practitioners are opting to take things with a pinch of salt, and would rather play safe by inferring that the case against the NBA President does not amount to an attack on the legal profession.

The position of the NBA, however, is unequivocal. In a communiqué released a few days before the first hearing on the 10th of December, reiterated that the Economic and Financial Commission lacks the power to meddle into client-lawyer contractual relationship.

The statement noted that the fees to lawyers by their clients is “not only a matter of privilege but also contractual,” adding that: “Usoro’s case is not the first of these intrusions; we all recall the case of Mike Ozekhome, (SAN) when the EFCC attempted to forfeit his fees on the pretext that the funds came from illegal sources…If these EFCC incursions are not checked, the Bar and the practice of our profession are .”

Furthermore, the NBA pointed out that the practice of law is founded on the independence of the legal practitioner, but that such independence is now “being threatened and trampled upon by the EFCC”.

Indeed, by questioning lawyers on the legitimate fees that they have earned from clients, the EFCC is breaching the lawyer-client privilege and showing complete disregard for the judgments of the courts in this regard.

In view of the arguments back and forth, and the position of the anti-graft agency, one can only ponder the questions: Why go after Paul Usoro? After all, he performed a service for which he was paid. Certainly the one to have been summoned to answer questions right now should be the one who made or authorized the said payment, and not the other way round.

Mr. Paul Usoro offers his legal services to anyone who asks for representation. He has even represented the Federal Government of Nigeria previously. For crying out loud, everyone is entitled to legal representation and is deemed innocent until proven guilty. Even the infamous kidnap kingpin, Chukwudumeme Onwuamadike alias Evans, has (or had) legal representation. 

The case preferred against Paul Usoro may or may not be an attack on the judiciary, as postulated by a cross section of stakeholders. But it is definitely an attack on the integrity of an honest citizen who has worked hard to build an enviable reputation as a Senior Advocate in a system that mostly frustrates the dreams of her people. 

While Nigerians await the ultimate fallout of the ongoing EFCC V. Paul Usoro case, those at the centre of it all must bear in mind the huge significance of the case against the NBA President, for its eventual outcome can set the precedence for the practice of the legal profession in future.

For most young wigs, getting their legal career up to a good start after their post bar experience is a major bend that defines their trajectory. To help them navigate that crossroad, GreySage Consulting teamed up with dynamic attorney and digital media influencer, Akinyemi Ayinoluwa, for an exclusive mentoring workshop recently in Lagos.

The workshop which drew participants from Lagos, and neighbouring states, held on the 7th of December, 2018, at the Lagos Chambers of Commerce & Industry (LCCI) Conference and Exhibition Centre, Ikeja, Lagos.

Under an interactive atmosphere, the event was staged to create an avenue where share vital information on how young lawyers can master survival skills and create a professional life that effectively rewards them. The teachings were hinged on four pillars all pointing them towards desired career goals. 

Akinyemi who has contributed to Nigeria’s creative ecosystem drew on his experience as a Lawpreneur to highlight some of the pitfalls that has become major building blocks. The Lawpreneur demonstrated how he uses digital tools to push the boundaries within the legal ecosystem.  

Attendees were taught on how each individual can build a Community that supports law practice; what to do before starting a practice in Nigeria; how to cultivate a Personal Brand that supports your career and; how Nigerian lawyers can leverage content in a digital world.

After presentation on the topics, Akinyemi entertained a barrage of questions from the animated participants on the subjects examined. The workshop was lively and impassioned. The attendees also shared brilliant perspectives on what they learnt giving them an opportunity to also co-influence.

The workshop had about 30 lawyers in attendance. They left there with a mind shift, and renewed hope in finding a rewarding path with earned law degrees.

See some pictures from the event.

Question of the Week  

I
am Anwuli Okafor, a Biotechnologist and Lead Researcher at Science &
Wonders, a R & D center in Degema Local Government Area, Rivers State. We
conduct research on genetic variation, medicine, and plant science.

For over 3 years, my team and I have been involved in intensive research on a
special biological process for producing a plant we call Harmarain, a special
plant that adapts to both harmattan season and rainy season to boost food
production. We believe that Harmarain is a new invention and would like to
patent it. For this purpose, we consulted a patent agent. The patent agent
requested we share details of our Harmarain invention, including the drawing.
Our questions are: (1) In the process of our research, we developed new
principles and made new discoveries of plant biological processes we also wish
to patent in our name. Can we? (2) How do we share the details of our
invention, including drawings, without the risk of losing our invention to a
third party?

Answer

The answer to your first question is NO.
Principles and discoveries of a scientific nature, such as the biological
process on plant production, as you have discovered and developed, are not
patentable under Nigeria’s Patents and Designs Act. This is because they
are not inventions but merely principles and discoveries.

Regarding your second question on disclosing
the details of your invention, including drawings, you require a
confidentiality or non-disclosure agreement.

Though you didnt ask, your Harmarain
biological plant process may not be patentable in Nigeria.

 

Principles
and discoveries of a scientific nature are not patentable because they are not
inventions in the first place.

Section 1(5) of Nigeria’s Patents and Designs
Act states that principles and discoveries of a scientific nature are not
inventions for the purposes of the Act.

Though the Act requires that for an invention
to be patentable, it must be new, be a result of an inventive activity, and
capable of industrial application, the Act does not accept principles and
discoveries of a scientific nature to be inventions at all.

Did the drafters of the Act see these
principles and discoveries as some kind of magic or voodoo that should never be
granted patent? No. Patents are granted for application of knowledge to provide
industrial solutions (just as others create new problems!), not for knowledge
itself. Principles and discoveries are a body of knowledge, not inventions.

So a patent may not be granted for discovery
of the science of solar energy, for example, but patents have been granted for
inventive solar-powered panels.

 

To
prevent the disclosure of your invention including drawings, get the patent
agent to sign a confidentiality or non-disclosure agreement.

One irony about patent is disclosure. Before
you can get a grant of patent, you have to fully disclose your invention when
filing your application for patent. Section 3(1)(a)(ii) of the Patents and
Designs Act requires a description of the relevant invention with any
appropriate plans and drawings. For this purpose, you are required to disclose
the relevant invention in a manner sufficiently clear and complete for the
invention to be put into effect by a person skilled in the art or field of
knowledge to which the invention relates—section 3(2) of the Act. If the patent
agent gets this wrong, the patent may be invalidated in a court of law. So
disclose sufficiently.

Apart from when filing patent applications,
disclosing your invention before applying for patent is unavoidable in certain
situations. Business partners, potential inventors, or—in this case—patent
agents may require this. If you say NO, you may never be an inventor. Instead,
use a confidentiality or non-disclosure agreement. Use it before you disclose,
never after so you can be happy ever after.

Avoid simply downloading just any confidentiality
or non-disclosure agreement—or any legal document for that matter—online.
Simply downloading a template or a completed one from the Internet may be
dangerous. You may pay more for it eventually when things go wrong. And it may
be too late to fix it.

Always
have your confidentiality or non-disclosure agreement well-drafted and
well-reviewed by an IP attorney, tailored to your use.

 

Bad
News: Harmarain may not be patentable in Nigeria because the invention is in
respect of a biological process for plant production.

Sorry to break the news.

This is the position in section 1(4)(a) of
Nigeria’s Patents and Designs Act. It states that patents cannot validly be
granted or obtained in respect of plant or animal varieties, or essentially
biological processes for the production of plants or animals.

Except you are able to show in your
specification that Harmarain is a product of a microbiological process in your
plant production, it is not eligible for grant of patent in Nigeria.

For
a comprehensive legal advice and guidance, you may consult an IP lawyer or law
firm.

Best wishes

IP
ABC

Follow-up
questions, if any, are welcomed.

Source – www.infusionlawyers.com