TIMI, the AI Companion For Every Young Lawyer

TIMI, the AI Companion For Every Young Lawyer



@LawPavilion is raising the bar with a new App to ease the work of young Lawyers, particularly new wigs. 

TIMI is Nigeria’s First Artificial Intelligence Legal Assistant designed to assist lawyers with legal research, legal opinions, litigation, and legal drafting. With TIMI, a new wig will have access to the  LawPavilion Electronic Law Reports, LPELR (online version); be able to chat with TIMI on Civil Procedure and litigation Rules and also get assistance on precedent Forms and Agreement Templates.

Imagine the possibilities if you could draft an originating process, a motion or any other court process, without getting stuck or confused, when you chat with TIMI; she can give you a step-by-step guide on how to go about filing or drafting those processes. Also, she provides notes with legal authorities, to support Civil procedure principles. This quick and easy access would definitely aid legal research and collation of relevant data to draft processes.

There is no other application that guides a young lawyer this way. Follow @lawpavilion and you may be the first person to meet Timi 🙂🚀.

Paul USoro; Keeping His Promises To The Bar

Paul USoro; Keeping His Promises To The Bar


I
believe that the NBA, at the national level, is in need of urgent and
far-reaching reforms if it must retain its relevance not only in the larger
society but even to its members.  These reforms will at the minimum,
achieve four significant and immediate goals, to wit;
(a) enhance efficiency in the operations of the
Association;

(b) engender confidence and trust amongst its
members (or, as some would say, win back the confidence and trust of members
who are disengaged);

(c) transform the NBA into a sustainable
institution; and

(d) increase the moral equity of the NBA to enable
it effectively influence required reforms in the justice subsector and remain a
respected watchdog of the society.

Paul
Usoro SAN

Reflections:
Institutional Reforms For The NBA (Part 1)

It is currently election season in Nigeria
and many politicians have begun sharing their plans for reviving the economy, developing
infrastructure  and promoting
opportunities for Nigerians to thrive. Many Nigerians usually take these
promises with a pinch of salt because often times, these politicians hardly
live up to their word. It is a cycle we have experienced over again.

Despite this lack of trust in politicians, it
is actually brightening to note that some people still keep their promises and
one of such esteemed leaders is Paul Usoro, SAN, current President of the Nigerian
Bar Association. Many lawyers will remember the promises given by Paul Usoro
SAN during his campaign and it is a breath of fresh air to actually see the
learned silk living up to his word. In the Honorable President’s Reflections published
here. He mentioned his plan to reform the NBA, and his actions are definitely
going in that direction as illustrated below.

(a)  Promise to enhance efficiency
in the operations of the Association
;

According to the NBA Publicity Secretary, the next NBA NEC meeting
coming up in December will be introducing the use of less paper as participants
have been advised to come with smart devices and will be forwarded all relevant
documents for the meetings prior to the event. Thus promoting environmental
protection, cost reduction and efficiency. This is a first of its kind
initiative within the NBA.

(b) Promise to engender confidence
and trust amongst its members  

Paul Usoro has introduced corporate governance and financial
accountability at the NBA by introducing the first ever publicly published
financial statement of the NBA.

(c)  
Promise to transform the NBA into a sustainable institution;

The NBA has appointed some of the best brains in the legal profession to
lead its work including; Iyabo Ogunseye, who was appointed to the Presidential
Panel on the reform of the Special Anti –Robbery Squad (SARS); Prof. Ngozi
Ezeilo, OON who was nominated to represent the NBA at the EU-Nigeria-UNODC –
CTED Partenrship III on strengthening criminal justice responses to terrorism
and violent extremism; and the nomination of Prof. Konyin Ajayi SAN as a
representative of the NBA in the council of the International Bar Association.

(d)   Promise to increase the moral equity of the NBA;

The NBA released the Report of the NBA Ad-Hoc Election
Working Group On The Rerun Gubernatorial Election held in Osun State and the
NBA’s report was fair and unbiased. The NBA raised an inquiry into the assassination
of Barrister Emeka Agundu, Chairman NBA, Obollo-Afor Branch. The NBA President
also entered talks with the Inspector – General of Police on issues bothering
on victimization of lawyers by the Police.

It has just been a few
months since the Learned Silk took up leadership of the NBA and obviously there
are still a number of far –reaching innovative strategies which Paul Usoro will
introduce to the Nigerian Bar Association. Certainly all these go with the
Honourable President’s mandate to #PuttingTheBarFirst. 

Legalnaija

False Advertisement and Vulnerable Persons in Nigeria (2) | Akpan, Emaediong Ofonime

False Advertisement and Vulnerable Persons in Nigeria (2) | Akpan, Emaediong Ofonime

Flawed and
insignificant research propagated in advertisements amount to misleading
advertisements. In the same vein, where an advertisement, is based on flawed
and insignificant research or are contradicted by prevailing authority or
research section 43(a) of the Lanham Act
refers to such advertisements as false. In Alpo
Pet Foods v. Ralston Purina Co.[ii]
the claimant brought a claim of false advertising against Purina whose
adverts that its dog food was beneficial for dogs with canine hips dysplasia
demonstrating that the claims was supported by test results conducted by Purina
which showed that the methods used to conduct the tests were inadequate and the
results could therefore not support Purina’s claims. 


The case involving Purina
is a common re-occurence in Nigeria specifically the Uyo Metropolis in Akwa
Ibom State. Adverts that make claims that have been rebutted by prevailing
scientific authority can be sighted within the city. (Discovery Park ” Eat a Plate of Isi-Ewu or Nkwobi daily its
is good for your health
) such adverts pose health risks for vulnerable
consumers especially the elderly. They lure consumers to make decisions
(purchase decisions) that are based on such claims that have been unseated by
superior evidence like the opinion of Ballentyne[iii] which
states that goat meat though healthy should not be consumed daily. Another
popular case of advertisements that makes flawed research claims are the likes
of Iguedo Goko cleanser, Dazzle Shea
butter.
These adverts claim to cure all kinds of ailments and make
diagnosis based external symptoms of a person example rashes, heat flushes,
painful urination etcetera which are not enough base medical diagnosis. The
adverse impacts of these advertisements have led consumers into going against
established medical precaution s and placing their confidence in these products
can eventually worsen their condition and send them to intensive care.

Trade marks
infringement also constitutes false advertisements as it is intended to mislead
and confuse consumers. In Edina Really
Inc. v. TheMLSOnline.com[iv]
the use of a key word in an advert amounted to trade mark infringement and
false advertisement as it was purported to mislead consumers. In Hamzik v. Zale Corps/Delware,[v]
the use of another’s trademark to trigger online advertisements (i.e to
generate traffic) was regarded as a clear cut case of false advertisement and
trademark infringement.[vi]
The case of Polariod Corp v Pzlora
Electronics Corp
laid the test for such confusion. False labelling on
products constitutes false and misleading advertisements; it may take various
subtle ways like images that are suggestive, false production origin, false
nutritional value. The Pre-Packaged food (Labelling) Regulations 1995 and
Regulation 18 of The Nigerian Food Products (Advertisement) Regulations[vii]
prohibits false labeling. The Food and Drugs Act 1955 makes it an offence to
give any food exposed for sale a label that falsely describes the food or is
calculated to mislead as to its nature, substance, or quality. Quality was been
defined in the case of Aness v. Grivell[viii]
to mean the commercial quantity and not the commercial description. Quality
also includes nutritional or dietary value of the food and any label construed
to mislead the public on such grounds are misleading advertisements. In Kingston-upon-Thames Royal London Borough
Council v. F.W Woolworth and Co. Ltd,[ix]
the test of false labeling or advertisement as depends on whether a label
or advertisement falsely described food seems to depend on how an ordinary
individual would interpret the description in question. The publishing, giving
or display of such product is a strict liability offence without the element of
mens rea needed to secure a
conviction as decided in Kat v Diment.[x]
The NAFDAC Guidelines for Advertisements of Regulated Products in Nigeria[xi]
recognises the prevalence of herbal medicine amongst Nigerians. In a bid to
protect the consumer from misleading adverts or labeling of herbal medicines
states that such labels and advert shall include the caveat, “These claims have
not been evaluated by NAFDAC.”[xii]
This is not enough protection especially where most adverts by herbal medicine
dealers are aired on public address systems in the local languages and since
the caveat by NAFDAC only requires that it be stated in English language by
implication, it is this lacuna that herbal medicine advertisers exploit and
deceive consumers. Furthermore the NAFDAC regulation does not foresee the
protection of animals even though that is beyond the scope of this work. The
Medicines Act[xiii]
the United Kingdom counterpart of the NAFDAC Regulation takes a more holistic
definition which includes substances or articles manufactured sold or supplied
to be administered to human beings or animals for a medicinal purpose. The
Medicines Act prohibits the issuance of false advertisements relating to
medicinal products. It also states that an advertisement is false or misleading
only if it falsely describes the medicinal properties of the medicinal product
to which it relates.

Advertisements on
weight loss product have also come under scrutiny for being false and
misleading. While some consumers do not live to tell the story, on a daily
basis vulnerable consumers are influenced by the idea of a perfect body sold by
the media to purchase quick weight loss products. In the Indian case of Smt Divya Wood v Ms Gurdeep Kaur Bhuhi,[xiv]
the court decided that a refund be made to a consumer who paid for a body care
programme that promised weight reduction. After payment and undergoing
treatment the plaintiff did not lose any weight. The apex consumer court said
“we entirely agree with this findings recorded by the fora below such
tempting advertisements, giving misleading statements with regard to the
alleged treatment, are increasing day-by-day and are required to be checked so
that persons may not be lured to pay large amounts in a hope that they can
reduce their weight by undergoing the so-called treatment.” In Jody Gorran v Atkins Nutritional Inc,[xv]  the plaintiff Jody Gorran lured by the advert
Atkins Nutritional Inc. proceeded to begin their diet as advertised. Rather
than lose weight Jody Gorran gained high cholesterol levels, angina and some
other heart complications that needed emergency surgery to save his life. He
sued Atkins the courts however did not rule in his favour stating that the
Atkin’s diet book did not constitute advertisements. It appears the decision of
the court was based on the fact that safe and effective methods of weight loss
often involve a modification of behaviour, decreased calorie intake and
exercises. This is not particularly appealing as a result some consumers opt
for weight loss products that promise rapid weight loss with little or no
effort.[xvi]
Despite efforts to curb false and misleading adverts, they have continued to
grow in weight-loss advertisements, this is problematic because some vulnerable
consumers base their decision making on advertising, and advertisements with
false and misleading information pose threats to them. Furthermore, if the
entire field of ‘weight-loss’ advertisement is subject to wide-spread
deception, advertising will lose its role in the efficient allocation of
resources in a free-market economy. This is because other manufacturers end up
advertising the impossible in order to compete and the deceptive promotion of
quick and easy weight-loss solutions could potentially fuel unrealistic
consumer expectations.

Making false promises
in order to sell a product is another unfair and misleading advertising tool.
Promotional advertisements in general encourage the consumption of these
products in large quantities in avid to win the lucky reward. In the case of Bonn Nutrients Pvt. Ltd v Jagpal Singh[xvii]
a consumer brought a complaint that in order to promote a brand of bread
called “Bonn” the manufacturers announced through advertisements that
each packet will contain a scratch and win coupon. The consumer-complainant claimed
he bought several quantities of the product but every time he scratched the
coupon it read “try again”. The court ruled in his favour and stated
that the advertisements misled the general public and it had not made good on
the statements it made in its advertisements. Cases like “Bonn” exists
howbeit; the regulatory agency saddled with the responsibility is the Nigerian
Lottery Commission. They appears to be only concerned with ensuring that the
lucky prize exists and nothing more. It can be said conclusively that these
regulatory agencies do not provide protection for the consumer who might be
harmed by his efforts to win the coveted prize, however, the efforts include
excessive consumption of the product.

END NOTES



[i] Akpan, Emaediong Ofonime is
currently undergoing postgraduate studies at the University of Uyo and majors
in Consumer Protection. She can be reached at akpanemaediongofonime@gmail.com.
[ii]    913 F.2d 958 (D.C. Cir. 1990)
[iii]   D Ballentyne, www.supplementsource.co.ca
accessed 9th January 2017.
[iv]    (2006) WL 737064. See also F.T.C v. Sili Neutralceutical 154
F.SUPP 2D 497.
And Playboy Enterprises               Inc.
v. Netscape Communication Corps
55 F. SUPP 2D 1070 (C.D CAL). 
[v]     NO3 : 06-CV-1300
[vi] The Trademark Act CAP T 13 LFN
2004 regulates the use of a trademark. Consequently, the use of a trademark
identical to that of COCACOLA by
AJE[vi] to sell an identical
product ‘Big Cola’ amounts to only an infringement of trade mark because the
existing framework’s definition of false advertisement does not bring into its
purview trademarks infringement. Consumers were under the impression that it was
coca cola. One trader noted that she was mislead to  purchase ‘Big Cola’ thinking it was Coca
cola, she lost customers who came to purchase coca cola because she sold ”Big Cola’ to consumer unknown to her
that it wasn’t Coca-Cola which the
customer requested.
[vii]   1994 NO.15. S.I 13 of 1996
[viii]  (1915) 3KB 685, at p.691.
[ix]    (1968) 1Q.B. 802.
[x]     (1951) 1 K.B. 34.
[xi] NAFDAC
is empowered by the NAFDAC Act CapN1 LFN 2004 to regulate and control the
manufacture,               exportation,
importation, and advertisement of medicines, cosmetic, medical devices, bottled
water and              chemicals. The
Advertisement Control Division in the directorate of Registration and
Regulatory Affairs of        NAFDAC.
[xii]
Regulation 10
[xiii] 1968
[xiv] (1989) L.P.A No. 646
[xv]   No. 2004-CC-006591-MB(Fla. Palm Beach County
Ct.May 26,2004)
[xvi] J
Cawley et all, ‘The Effect of Advertising on Consumption: The Case of Over-the
Counter Wight Loss Products’ (2011)
University of Cornell Law Review
[xvii] IV (2005) CPJ 108 NC.
Akpan, Emaediong Ofonime is
currently undergoing postgraduate studies at the University of Uyo and majors
in Consumer Protection. She can be reached at akpanemaediongofonime@gmail.com

Photo Credit – Here
Disrespect for Orders of Courts: The Laker Airways Case and Some Lessons for Nigeria | Orji Uka

Disrespect for Orders of Courts: The Laker Airways Case and Some Lessons for Nigeria | Orji Uka

Donald J. Trump, the 45th President of the United States of America can be accused of a number of things, but disrespect for, or disobedience of, orders of court is not one of them. A very recent case in point is the no love lost between him and CNN’s Chief White House Correspondent, Jim Acosta which came to a head last week during a feisty press conference held by Mr Trump after the November 2018 mid-term elections. The saga culminated in the revocation of Jim Acosta’s White House press pass for allegedly using inappropriate force to resist a White House intern’s attempt to take a microphone away from him.

On Friday 16th November 2018, a US Federal Judge, Timothy Kelly in a preliminary ruling in a suit filed by CNN and Acosta, found that Acosta was not provided with the due process required to legally revoke his press pass and therefore ordered the White House to reinstate the press pass. On the same day of the ruling, the White House Press Secretary, Sarah Huckabee Sanders issued a statement in response to the ruling which read in part, “in response to the court, we will temporarily reinstate the reporter’s hard pass”. Just like that.

This is not the first time a court in the United States has ruled against the Trump administration and they promptly obeyed while also exploring the only constitutional avenue to challenge unfavourable rulings, which is to appeal to the higher courts. Earlier in the life of the administration, the courts in separate rulings struck down, in whole or in part, the so called ‘Muslim travel ban’ imposed by the Trump administration. Before the Supreme Court upheld one of the versions of the travel ban in June 2018, separate Federal Courts had held that the travel ban was unconstitutional in that it was, “tainted with animus towards Islam”. Despite the fact that [whether rightly or wrongly] the issue of imposing restrictions to immigrants entering the United States is very close to the President’s heart and those of his supporters, in all the instances where the lower courts injuncted or struck down the bans, the Trump administration either complied with the orders or tweaked the ban to conform with the rulings. Guess what, the heavens did not fall. It is also not the first time that Governments in other civilised societies have obeyed unfavourable orders of courts.
Regrettably, this is a stark contrast to the attitude of the successive executive arms of Government in Nigeria to judgments and orders of courts. While previous administrations, military and civilian (particularly under former President Olusegun Obasanjo) disobeyed orders of courts at various times in the past, the current administration of President Muhammadu Buhari has to go down in history as the most notorious democratic government in Nigeria in terms of wanton disregard for judgments and orders of courts.
There is no case more symptomatic of this attitude than the case of Ibrahim Yaqoub El-Zakzaky the foremost Shi’a Muslim cleric in Nigeria and the head of Nigeria’s Islamic Movement. Following a clash in December 2015 between the Shi’ites Group and the Nigerian Army that resulted in the death of hundreds of the group’s faithfuls, El-Zakzaky was ultimately arrested and incarcerated alongside his wife by the Nigerian authorities and they have remained behind bars till date. The Federal High Court in Abuja ordered their unconditional release and berated the Government for violating their fundamental rights. Rather than comply with the orders of court, the Nigerian Government has continued to advance different reasons, most of which border on the absurd and ridiculous to justify their continued defiance and disrespect for the courts. Sadly, this is neither an isolated case nor an exception to the rule.
There is also the case of the former National Security Adviser, Sambo Dasuki who was arrested on multiple charges of mismanaging public funds and charged before different courts in Abuja. Mr Dasuki remains in custody in spite of consistent and repeated orders of the different courts admitting him to bail. Even the judgment of the ECOWAS court ordering his release was disregarded. It has therefore become a signature of the Buhari administration to disregard and disobey lawful and valid court orders in the name of fighting corruption. Things are so bad that the human rights advocacy group, Socio-Economic Rights and Accountability Project (SERAP) in June 2018, petitioned the United Nations to prevail upon the Buhari administration to put a stop to the wilful disobedience of court judgments. According to them, the Government’s notorious habit of picking and choosing court judgments to obey would ultimately put the rule of law under siege.
One of the questions that must be asked is whether the Nigerian Government appreciates the adverse consequences of their willful disobedience of orders of Nigerian courts. Do they truly expect other countries to recognize and/or enforce Nigerian judgments for which they treat with disdain? Have they ever paused to consider the extent to which the governments of other civilized nations go to accord or demand respect for the judgments of their courts? This brings me to a consideration of the consolidated cases of British Airways Board v Laker Airways Ltd. and Others; British Caledonian Airways Ltd v Laker Airways Ltd. and Others; and Laker Airways Ltd. and Another v Secretary of State for Trade and Industry [1985] A.C. 58.
These cases involved different airlines including Laker Airways which went into liquidation as a result of the alleged predatory pricing activities of British Airways and other airlines. Lakers Airways then brought anti-trust proceedings against the other airlines before a US court. In response, the airlines brought proceedings in England to obtain an ‘anti-suit injunction’ to restrain Lakers Airways from continuing the US proceedings. Although the English High Court first granted the interim anti-suit injunction before rescinding it, the case ultimately got to the UK House of Lords, then the highest court in the United Kingdom. On its part, Laker Airways also obtained an injunction precluding the defendants from bringing proceedings in England to obtain antisuit injunction against it.
Acting on the basis that the US proceedings constituted an invasion of UK sovereignty, the British Secretary of State made an order prohibiting British airlines flying to the United States from giving the US authorities any documents or information relating to the case or from otherwise complying with any order under the US antitrust law made in the case. The case was ultimately settled through diplomatic channels when then British Prime Minister Margaret Thatcher intervened and requested the then US President, Ronald Reagan to drop an investigation being carried out by the US Department of Justice. Nevertheless, the case signified the extent to which the governments were willing to protect their judiciaries and the sanctity of their judgments and orders. It is partly because of cases like these that London has over the years served as the epicentre for the global financial market, while the English legal system serves as the dispute resolution capital of the world. Unsurprisingly, this has significant positive effect on the legal profession in England in particular and the economy of the United Kingdom in general.
Cases like these leave you wondering whether Nigerian governments have what it takes to go the same length to defend a judgment of Nigerian courts. The irony is that in July 1985 when the Laker Airways judgment was delivered by the UK House of Lords, the Nigerian Head of State was a certain Major Gen. Muhammadu Buhari. Unfortunately, when the activities of this administration are chronicled for the next generation, a chapter must be reserved for the wanton disregard for judgments and orders of court. What is worse is that the society appears to have accepted the status quo as normal. In the past, groups like the Nigerian Bar Association understood that the disobedience of court orders will result in the erosion of public confidence in the judiciary, and that being the case, the legal profession will be the direct victim and so they rose to condemn and take actions against disobedience of court orders. Why the group is mum today stretches credulity.
One of the inevitable conclusions that must be drawn is that this Government is unable to see beyond its nose and take cognizance of the adverse consequences of their action. For a government that has made the attraction of foreign investments and the improvement of the country’s ease of doing business ranking a cardinal policy thrust, the actions of the Buhari administration amount to cutting one’s nose to spite one’s face. And it is all the more ironic that this Government has arguably the largest number of lawyers in its ranks, including at least six Senior Advocates of Nigeria in one capacity or the other, including the Vice President. It simply beggars belief.

Orji is a Nigerian born legal practitioner currently undertaking a Masters Degree in International Business Law


Source: Medium.com 

Legislative Intervention On Police Reform In Nigeria By The 8th Assembly | Legalnaija

Legislative Intervention On Police Reform In Nigeria By The 8th Assembly | Legalnaija


The 8th Senate led by Dr. Bukola Saraki is definitely stamping its legislative authority by not only out-doing its predecessor assemblies but also by introducing dynamic and much needed legislation for the growth and development of the nation. The list of over 200 Bills passed by the Senate can be viewed here


However, one significant bill we would be tracking is The Bill for an Act to repeal the Police Act, 2004 and establish the Police Act (Amendment) Bill, 2018 (SB. 683).

Most certainly all Nigerians especially police officers agree that the Nigerian Police needs to be reformed as a matter of supreme urgency. Social Media calls with the hashtag #ReformNigerianPolice; #Reformsars and #Endsars have led to presidential executive orders on police reforms. 


However, the 8th Assembly seeks to achieve more far reaching results by the #PoliceReformBill sponsored by Senator Bala Ibn Na’allah, (Kebbi South). The #PoliceReformBill came up for first reading on the 30th May, 2018 and second reading on the 10th July, 2018. While on 12th November, 2018; The Bill was referred to the Senate Committee on Police Affairs.

The Bill seeks to deliver the much needed legislative intervention required to amend the Nigerian Police Act; which has been in existence without any form of amendment since 1979. Most certainly the current law is out of date and not in line with current national realities.

Some of the strategic provisions of The Bill include an amendment to the functions of the police; where it provides that; 

The functions of the #PoliceReformBill shall include:
I.Creating and establishing a functioning system that can easily detect crimes, apprehend offenders and effect proper punishment of perpetrators within its jurisdiction.

II.Creating a safer environment for Nigerian citizens using a new policing structure that will ensure the protection of the rights and freedom of Nigerians.

III.Make room for more collaboration between the police and citizens and communities they protect.

Other critical provisions of The Bill will also include provisions such as;

I.Prohibition of a Police Officer from being the prosecutor in any matter that said officer participated, this is to help promote justice and allow for a free and fair trial.

II.Prohibition and criminalization of drinking while on duty.

III.Establishing an authority responsible for the collection of complaints from Nigerian citizens against police officers, ensuring more competent service for the police.

IV.Ensuring that the police officers are held accountable for every action taken, particularly in the areas of arrest and detention of persons.

V.The Nigerian Police will no longer be referred to as the Nigerian Police Force.

VI.Provision of bail for any citizen arrested without a warrant, ensuring that such person are not allowed to be kept in detention for more than 24 hours without being charged to court.

Most certainly when this Bill becomes law it would lead to the growth in expertise and operations of the Nigerian Police.

Legalnaija

Photo Credit – Twitter.com/NGRSenate 





Style Focus: Mrs. Mfon Usoro

Style Focus: Mrs. Mfon Usoro

The legal profession like we all know is very conservative. From their mannerisms and style of dressing, lawyers are trained to always appear modest and decent. For lawyers who like to express their style through dressing, finding creative ways to look stylish without breaking the code is always an interesting journey. 

In focus today, is a very successful and amazing Nigerian lawyer who despite her conservative profession continues to appear with so much elegance, style and grace every time she attends a function. 

Be it a gathering of friends, a state function, a board meeting, an annual conference, a legal proceeding or a formal dinner, Mfon Usoro oozes so much style, female lawyers need to learn the tricks from her. 

Mrs Mfon Usoro, an internationally acclaimed expert in transport laws and project finance is the Managing Partner of the firm, Paul Usoro & Co.; her deep knowledge of transaction and commercial practice makes her highly recommended by both domestic and international organisations. 



She leads the firm’s team in maritime, aviation, project finance and energy matters actively participating in complex domestic and cross-border transactions. Under her supervision, the firm’s transaction team provides first-in-class legal advisory services to satisfied clients in the private and public sectors cutting across diverse areas.

As a pioneer Director-General and Chief Executive Officer of the Nigerian Maritime Administration and Safety Agency (NIMASA), she set the administrative landscape of the Agency in motion; in compliance with the Nigerian Maritime Administration and Safety Agency Act 2007. 

Mrs. Mfon Usoro is happily married with an adoring family and her husband, Mr. Paul Usoro SAN is currently the President of the Nigerian Bar Association. We look forward to seeing her grace more events in her usual elegant fashion. 



See more photos below –

                                 

Legalnaija 
Dear property investor,

Dear property investor,

Dear property investor, under the Registration of Title system, anyone who has rights in landed property, either as owner or mortgagor must register their rights with the land registry. .
.
This allows a purchaser to discover from a mere inspection of the register whether the vendor has the power to sell the land and whether or not there are interests on the land that may be investigated.
.
.

The property register contains detailed description and gives other information of the property that is registered while the proprietorship register contains the name, address, and description of the registered owner of the property. It also contains cautions, inhibitions and restrictions affecting the right of the proprietor to dispose the title.
When buying property it is important you do the following:

i. Inspect the property with the vendor to ensure that is what you agreed on.
ii. Insist on collecting a copy of the land certificate from the vendor. The land certificate contains the particulars by which the property will be identified at the lands registry.
iii. Employ the services of a lawyer who would investigate at the land registry whether the purchaser has the power to sell the property.

Do you have any questions? Send a DM #property #propertylawyer #law #nigerianlawyer #legalnaija #AO&Co.

Ways Of Promoting Collaboration Between Employers and Members of Staff | Legalnaija

Ways Of Promoting Collaboration Between Employers and Members of Staff | Legalnaija

In order to achieve company goals, it is
paramount for employers to effectively communicate their vision to employees.
Also, important is the provision of welfare to employees, for this seeks to
encourage employee output and wok delivery. To achieve the above, it is
important there exists  a forum that
encourages collaboration between workers and employees. In this post, I will be
considering 2 platforms of promoting and fostering a collaborative environment
between employers and employees. Both are Trade Unions and Joint Consultative
Forums.

TRADE
UNION

·       
What Is Trade Union

Trade
unions are organisations representing the interests of workers. They usually
seek higher wages, better working conditions and a fairer share of the
company’s profits. Section 1, Trade Union Act, defines a Trade Union to be a
combination of employees, or of employers, whether on temporary or a permanent
employment basis, who come together with the primary purpose or objective of
regulating the terms and conditions of the employment of employees, and
resisting any practice that is in restraint of trade, and lawfully applying its
funds to providing benefits to its members which benefits must not political in
nature.

·       
Registration
of Trade Unions

It is mandatory that a
Trade Union, before it commences the execution of its objectives, must apply
for and be registered by the Registrar of Trade Unions in accordance with the
provisions of the Trade Unions Act (as amended).

However, a Trade Union will not be
registered where:-

a.      There is evidence
that there already exist a registered Trade Union that sufficiently represents
the interest of the employees or of the employer in a class or industry whose
interest the Trade Union intending registration, wishes to represent its
members.

b.       The proposed name of the Trade Union closely
resembles that of an existing and registered Trade Union so as to be likely to
deceive the members of the public or the members of the Trade Union itself.

c.        The purpose or objectives of the Trade Union
is/are unlawful.

d.      The consent of the members of the Trade Union
was/were obtained by force or by fraud.

e.       The purpose of the Trade Union has ceased to
exist or the Trade Union has ceased to function.

A breach of this statutory provision by a
Trade Union ascribes to the Trade Union and every official of the Trade Union,
with any member of the Trade Union that takes active part in the breach, legal
liability and penalties as prescribed in the Trade Unions Act (as amended).

·       
Membership of Trade
Unions

It is important to note the following about
membership of Trade Unions;

·       
No
employee of a company, who is a projection of the management team of such a
company or who is within the management structure of the company, can be a
member of or hold office in any Trade Union in Nigeria.

·       
 Also, no employee or employer can be an
executive official in more than one Trade Union, at any one given time.

·       
 The membership of a Trade Union cannot be
denied of an employee or an employer on grounds of ethnicity, race, religions
beliefs or political opinions or affiliations.

·       
Members
of the Armed Forces, Police Force, Custom Service, Nigerian Security Printing
& Minting Company, Central Bank of Nigeria, Nigerian Telecommunications
Limited and every Federal or State Government establishment whose employees
bear arms, cannot join or form a Trade Union. They can however establish
consultative committees to protect their employment interests.

The Advantages
of Trade Unions

1.     Trade unions can
pursue collective bargaining giving workers a greater influence in negotiating
a fairer pay settlement.

2.     Trades Unions can
also protect workers from exploitation, and help to uphold health and safety
legislation. Trades unions can give representation to workers facing legal
action or unfair dismissal.

3.     Trades unions can
help to negotiate and implement new working practices which help to increase
productivity.

4.     Reduce inequality

·       
Disadvantages

1.     Trades unions only
consider the needs of its members, they often ignore the plight of those
excluded from the labour markets, e.g. the unemployed.

2.     In many industries,
trade unions have created a situation of a confrontational approach.

3.     Trade unions can be
used for political reasons and benefits

4.     Trade union leaders
may not seek the welfare of workers but may go on to enrich themselves.

JOINT
COUNSULTATIVE COUNCIL 

This is a group of people who represent the
management and employees of an organization, and who meet for formal
discussions before decisions are taken which affect the employees.

A formal system of communication between the
management of an organization and the employees’ representatives used prior to
taking decisions affecting the workforce, usually effected through a joint
consultative committee

The purpose of the Joint Consultative
Committee (J.C.C) is to provide a forum for discussion, consultation and
negotiation between Elected Members, senior managers and representatives on:

– employment relations matters

– working arrangements

– training and development

– welfare – terms and conditions of
employment

– equality issues.

The
aim of the Joint Consultative Committee (JCC) is to provide a forum in
which our Board, management and Union can work together to ensure staff are
managed in accordance with best practice, that staff can work effectively for
the benefit of the organisation, and that staff maximise their own potential.

Benefits
Of Effective Joint Consultation Committees

For
Management:

·        
The
establishment of the means for improved communication with the union.

·        
An
opportunity to discuss operational issues in a problem-solving manner.

·        
A
more positive labour-management relationship.

·        
An
opportunity to respond to constructive suggestions and valid complaints.

For
the Union:

·        
An
opportunity for ongoing communication with management.

·        
An
opportunity to provide constructive input into operational problems.

·        
An
avenue to express employee and union concerns.

·        
An
opportunity to resolve ongoing issues.

Which will you choose.

Legalnaija

False Advertisement and Vulnerable Persons in Nigeria (1) |Akpan, Emaediong Ofonime

False Advertisement and Vulnerable Persons in Nigeria (1) |Akpan, Emaediong Ofonime


False advertisement[ii]
is any advertising or promotion that misrepresents the nature, characteristics,
qualities or geographic origin of goods, services or commercial
activities.  An advert that is false
contains false statement of fact about the advertiser’s product or another
person’s goods, services, or commercial activity. Such advert deceives and has
the potential to deceive a substantial portion of its targeted audience. The
deception in the advert is also likely to influence the purchasing decisions of
its audience. False adverts contain statements that either results in or is
likely to result in injury to the consumer.


          The most heavily weighed factor is the
advertisement’s potential to injure a customer.[iii] The
European Economic Community Draft Directive (ECC) Article 2 defines ‘misleading
advertising’ as any advertising which is entirely or partially false or which,
having regard to its total effect including its presentation , misleads  or is likely to  misleads persons reached, unless it could not
be reasonably foreseen that these persons would be reached thereby’ The ECC
Draft Directives are replicated in the Nigerian Food Products (Advertisement)
Regulations[iv]
whereas the regulation does not expressly define false or misleading
advertisements most of its regulations prohibit misleading adverts. Regulation
4 explains the nature of advertisements and exempts misleading adverts from its
scope. Regulation 12 prohibits vague and misleading statements or half-truths,
Regulation 13 and 14 disallows the use of false data in comparative
advertisements, Regulation 15 prohibits the use of false names that are
suggestive of nutritional properties. These regulations form the bulk of
consumer protection from false and misleading adverts in Nigeria.

         
Whilst it is generally regarded as
self-evident that the consumer can be deceived, misled or tempted by
promotional methods into agreements he would not otherwise have made.[v]
This is equally true whether the promotion is in the form of general
advertisements, ‘sales patter’ or the labeling and packaging of goods
themselves. It is an ethical problem which the courts have recognised in Valentine v. Chrestensen[vi]  and Virginia
Pharmacy[vii]
wherein it stated that consumers have a strong interest in the free flow of
lawful and accurate commercial information (advertisements) and so ought to be
protected from advertisements that can mislead consumers and injure
competitors. In the financial sector the consumer is susceptible to the notion
that it is comparatively easy to acquire goods and services on credit terms or
to negotiate a loan, a notion that is frequently given by extensive advertising
and persuasive salesmen. Secondly, the individual is less likely to be informed
as to the true cost of the credit to him or even the most suitable form of
credit provision for his particular requirements. Finally he might be
pressurised by the canvassing salesmen into entering into transactions which sober
reflections or subsequent events might lead him to regret making. The Consumer
Credit Act[viii]
tightened the reins on the restrictions imposed by the Money Lenders Act which
regulated the advertisements by Money Lenders. Such advertisements were to
contain only basic information, personal solicitations were not allowed. The
recent Ponzi schemes scam made use of door-door advertisements offering huge
financial returns whilst unsuspecting and vulnerable consumers were lured in to
the scheme. While it might be difficult to ascertain financial decisions made
as a result of advertising and pressure, there is a need for the law to concern
itself with these difficulties and protect vulnerable consumers. The problem of
misleading advertisements gets worse by the day though it is illegal in its
most blatant forms, deceptive advertising can occur in subtle ways that are
difficult to establish as outright deception. The courts in Concentrated Foods Ltd. V. Champ[ix]  stated that the test for misleading adverts
lies in the understanding of the ordinary man. It follows therefore that if an
ordinary consumer is likely to be misled then such advertisements are false.
Consumer deception as a result of misleading advertisements and strategies to
counteract it are important issues in today’s marketplace.[x] The court
noted the foregoing in Central Hudson Gas
and Electricity Corp. v. Public Service Commission[xi]

when it stated that advertisements must not be misleading or concern unlawful
activities.

          Surrogate advertisement is one of those
less researched areas. Here a company advertises a non-existent product which
is likely to create a need associated with the brand name, the consumer
memorises this, evaluates and eventually goes on to make purchases based on
brand. In the case of United Breweries
Ltd v. Mumbai Grabak Panchayat[xii]

the court held that the defendant United Breweries advertised an alcoholic
drink as if it were soda(soft drink), the court found that the acts of United
Breweries constituted surrogate advert. It further held that the actions of the
defendant (surrogate liquor advertisement) was aimed at misleading and
encouraging the younger generation to consume alcohol. It follows that
consumers associated the brand name with soda but upon purchase it turned out
to be alcohol which most of the young consumers purchased. The Nigerian Food
Products (Advertisement) Regulations[xiii]
prohibits surrogate liquor advertisements; it prohibits expressly the ambiguous
inference to the tonic properties of a product whereas such product contains
alcohol or caffeine.

          The Sale of Goods Act is also aimed at
protecting consumers from false advertisement.[xiv] Where
goods are sold by sample or description the law stipulates that the bulk of the
goods should fit such description or sample. However, this is not always the
case in some contracts for sale of goods where the sample or description, is
relayed to the consumer over the internet, the Act provides the consumer
redress where the manufacturer is in breach. The Act does not envisage
e-commerce as such it accounts for the lack of redress by the consumer
especially because such contracts involve cross-border issues. In the light of
this Ukpong states that the Act does not conform to the provisions of the
United Commercial Code leaving consumer almost without a remedy.[x
v]  

In Godley
v. Perry[xvi]
the courts stated that failure to disclose a material fact qualifies as
false advertisement. Going by this premise, advertisements by telecommunication
firms advertising caller tunes withholding the material fact that such
subscription will be automatically renewed at the end of the month except the
consumer opts out amounts to false advertising. The impact of this on consumers
who are oblivious to such re-occurring surcharges can be best imagined. Asides
paying for a service they may no longer need they might still lack the basic
information to opt out of such service, these telecoms firms gain at the
expense of vulnerable uninformed consumers who cannot make rational choices.
Determining what constitutes insufficient disclosure American Home Products Corp v. Johnson and Johnson. Johnson whilst advertising its product left out a few side
effects of its own. The court held Johnson to be in breach of the Lanham Act
because of the potential health risks it posed to consumers and the fact that
it did not fully disclose the side effects of its products to the general
public. In Broomfield v. Craft Brew
Alliance, Inc.[xvii]

 Kona Beers were being advertised in a
manner to suggest that the beers were produced in Hawaii when in fact they were
produced in Oregon. The Kona brands bore names and images that evoked a sense
of Hawaii origin. The beer’s outer packaging showed the map of Hawaii and the
location of the Kona brewery, and encouraged consumers to visit their brewery
and pubs whenever they were in Hawaii. In delivering its decision against
Broomfield, the court said that the disclaimer on the bottle was not visible
enough to a consumer as such it constituted false advertising. On the shelves
of various stores abound goods that mislead the consumer as to its origin. The
vulnerable Nigerian consumer is largely unaware of the criminalisation of adverts
such as this and so he may be unaware of the fact that he can approach the
Consumer Protection Council to address the issues. 

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


[ii]    Lanham Act, 15 U.S.C.A. § 1125(a)).”
[iii]   West’s Encyclopedia of American Law, 2nd
ed.
[iv]    1994 NO.15. S.I 13 of 1996.
[v]     Mickleburgh (n.8).
[vi]    316 U.S 52 1942.
[vii]   425 U.S 748.
[viii]  UK 1974.
[ix]  
(1994) K.B 342.
[x]     Girimaji
(n.303).
[xi]    447 U.S at 557.
[xii]   (2007) CPJ 102 NC. https://indiankanoon.org accessed 27th
December 2017.
[xiii]  1994 NO.15. S.I 13 of 1996. Regulation 17.
[xiv]            Sale
of Goods Act 1893 sec 13 and 12
[xv] I Ukpong, ‘An Appraisal of the
Sale of Goods Act’ (2018) Law Seminar Paper Series, University of Uyo
[xvi]  [1960] 1 WLR 9.
[xvii] No.17-cv-o1027-BLF
2017. www.alcoholadvisor.com.