All posts by Stephen Azubuike

Stephen Azubuike is a Legal Practitioner, Consultant and Blogger. He is a Senior Associate working with Dr. Abiodun I. Layonu (SAN), FCIArb and is a key member of the Dispute Resolution and Commercial Law Practice Group at Layonu & Co. He obtained his Bachelor of Laws Degree (as an Elf/Total Scholar) from the University of Benin, graduating as one of the best students in his class. He further obtained a Master of Laws Degree from University of Lagos shortly after being called to the Nigerian Bar as a Solicitor and Advocate of the Supreme Court of Nigeria. In addition to his academic degrees, Stephen has certificate trainings in Mediation, Mediation Advocacy and Insolvency Practice. He is a published scholar and a seasoned advocate.

NSE Training Seminar: Legal and Risk Aspects of Derivatives and Central Counterparty Clearing (CCP) Transactions.

 

The Nigerian Stock Exchange (NSE) proudly presents a Training Seminar on:

Legal and Risk Aspects of Derivatives and Central Counterparty Clearing (CCP) Transactions.


Date: Monday 20th to Tuesday 21st of November 2017.​

Time: 8:00 am – 5:00 pm daily.

Venue: Civic Centre, Ozumba Mbadiwe, Victoria Island, Lagos.


FACILITATORS

  • Mich​ael Voisin and Mark Drury, Partners, Linklaters LLP, UK;​
  • Prof. Fidelis Oditah QC, SAN, Principal Partner Fidelis Oditah & Co;
  • Marilyn Ramplin, Hedge Fund Academy (Specialist, Derivatives Training Providers of the Johnannesbourg Stock Exchange)​​;
  • Terence Saayman, Head, Risk, Johannesburg Stock Exchange;
  • John Oriogun, Oriogun PLLC, NY, USA.

TOPICS

  • Understanding the concepts of Derivatives (exchange-traded derivates (ETDs) & over-the-counter derivatives (OTCs));
  • Understanding the concept of a central counterparty (CCP) and the use/ application of same in Derivatives transactions;
  • Fundamentals and mechanics of Derivatives and CCP transactions (in-depth and complex nature of both transactions);
  • The legal framework and legal documentation for Derivatives and CCP transactions;
  • The role of the respective lawyers of the different participants in Derivatives and CCP transactions;
  • The various risks associated with Derivatives and CCP transactions (including counterparty risk, market risk, legal and regulatory risks, leverage risk and volatility, etc.) and the appropriate risk management measures; and
  • Dispute resolution mechanism for Derivatives and CCP transactions.

TRAINING OBJECTIVES​

  • Educate participants on the concept of Derivatives (ETDs and OTCs) and CCPs in preparation for the imminent launch of the ETDs by The Exchange and the CCP market wide infrastructure by the relevant stakeholders in the Nigerian capital market.
  • Equip participants with the requisite knowledge of the legal framework, legal documentation and transactional skills necessary for the success of Derivatives and CCP transactions.
  • Explain the dispute resolution mechanism for Derivatives and CCP transactions.
  • Expound on the role of lawyers and in-house counsel in Derivatives and CCP transactions from the perspective of the regulators, the Exchange, the trading members, the clearing members, the CCP entity, the transaction advisors, or the investing public as a whole.

OTHER BENEFITS

  • The Course is certified by The Nigerian Bar Association (NBA): Continuing Professional Development (CPD) credits/points will be awarded by the NBA to participants (Lawyers only) upon conclusion of the training.​
  • The Course is endorsed by The Risk Managers Association of Nigeria (RIMAN), and will generate Mandatory Continuing Professional Development (MCPD) points upon conclusion of the training.​​​

WHO SHOULD ATTEND?

  • All risk management officers in relevant organizations;
  • All lawyers in law firms who advise on capital market transactions;
  • Lawyers who will be involved in dispute resolutions for Derivatives and CCP Transactions;
  • In-house counsel/compliance officers of Dealing Member firms, Banks, Investment Banks, Issuing Houses, Exchanges, PFAs, Regulatory Bodies, Listed Companies, Oil Companies, Telecommunications Companies, Insurance Companies, etc.

NSE Training


REGISTRATION FEE

N150,000.00 (One Hundred and Fifty Thousand Naira) only.

Early Bird Registration Fee: N120,000 (Closes November 1, 2017).

Payments should be made using the following Account Details:

  • A/C Name: Nigerian Stock Exchange
  • A/C No.: 2000920988
  • Bank: First Bank.

REGISTRATION

Click here to register now and for more information.

If you need any assistance from Stephen Legal Blog, kindly contact us.

YOU DON’T WANT TO MISS THIS!

A letter meant for the court to take note and act upon must be properly filed.

 

The Registered Trustees of the Presbyterian Church of Nigeria v. Etim [2017] 13 NWLR (Pt 1581) 1 at 41 , paras. E-H, per I. T. Muhammad, JSC:

“It is important to point out as well, that if a document is meant for the court to take note and act thereon, rules of court have made provisions for formal filing of such a document or documents with the registry of the court, for which a nominal fee is payable upon assessment by the registry staff, who authenticate the filing of that document and proceed to file same for the court’s attention. All other ways or methods such as writing letters or petitions informing the Chief Judge/Chief Justice/Head of Court and or Chief Registrar (including his subordinate registrars) are purely administrative and have no force of law…”

Blogger’s Note:

A few things need to be clarified as it relates to the above statement of the law. Firstly, it is not every document presented for filing that requires the payment of any fee, nominal or otherwise. The process of filing a document for the purpose of making it a court process properly so called begins with the initialling or endorsement of such document by the authorised staff in the court registry. Initialling or endorsement simply involves making a mark or signature (including sometimes the name or initials of the initialling officer) and importantly, date. Some documents like a letter (e.g. for adjournment) addressed to the registrar of a court for the court’s attention need only to be initialled. No fee is usually required to be paid. Therefore, in order to meet the minimum requirement of filing, the letter must be presented to the registry for initialling without more and then presented to the court registrar. There are however other letters (such as application for payment of default fees or for search) which, like originating processes, motions, etc, require not only to be initialled, but the initialling officer may minute upon it and nominal fee subsequently paid based on assessment. Secondly, letters or petitions informing the Chief Judge/Chief Justice/Head of Court and or Chief Registrar (including his subordinate registrars) of certain issues may be purely administrative but can have the force of law in certain circumstances such as where copies of such letters duly acknowledged are subsequently filed along other processes in a court action. In that case, they enjoy the force of law. In other words, at the point of delivering the said letters or petitions, no formal filing is required before the receiving office can act on same administratively.

Letter must be properly filedWhat happened in the case at hand was that the Appellant filed a suit and also filed a Motion ex parte for interlocutory injunction. The trial Court refused to hear the Motion ex parte but directed that the Respondent be put on notice. The Appellant complied. The Respondent filed a Memorandum of Appearance only without filing any response to the application for injunction. On the date slated for hearing, i.e., 19/12/2000, the Respondent was absent. The trial Court proceeded with the hearing and granted the application. The Respondent appealed contending that he had written a letter for adjournment dated 19/12/2000, the day the application was heard. Although there was no proof that the letter was brought to the attention of the trial Court or that same was served on the Appellant, the Court of Appeal reversed the decision of the trial Court. The Appellant’s appeal to the Supreme Court was rightly allowed. The apex Court held that the purported letter ought to be discountenanced even if placed before the trial Court as same was not properly filed. (See page 42 of the report). The Court also frowned at the fact that the letter was not served on the Appellant and same was written the same date the case came up for hearing of the application. The Court further held that the Respondent ought to have filed a counter-affidavit to the Motion as a mere Memorandum of Appearance did not suffice. (See page 33 of the report).  The apex Court was not persuaded by the holding of the Court of Appeal to the effect that the trial Court ought to adjourn the matter since the application came up for the first time for hearing. (See page 37 of the report).

The Court further took the position that, the Respondent, having been duly served with the application, the trial Court was right to proceed with the hearing. In rendering the opinion of the Supreme Court on this, I. T. Muhammad, JSC said: “My Lords, service of process in a trial, is what the spinal cord is, to a human being.” (See page 31 of the report). This stresses the significance of service. Above all, the Supreme Court emphasised the trite principle that the grant of an application for adjournment is purely discretionary.

Lack of electricity delays judgment.

 

Dike v. Kay-Kay Construction Ltd [2017] 14 NWLR (Pt. 1584) 1 at 74, paras. A-B, per Tur, JCA:

“Many a times there would be no power supply in Enugu Division in my house. Even if there was, the generator would often become dysfunctional, hence the delay in rendering my opinion in this appeal.”

Blogger’s Note:

The experience of the learned Justice of the Court of Appeal is the experience of many of our Judges today in Nigeria. The President has often decried the slow judicial process. (Although recent reform appears to be more targeted at speedy conclusion of criminal cases, especially corruption cases, we must however note that slow judicial process is affecting cases touching on businesses and investment in Nigeria generally). The Federal Government must now see that lack of constant power is a huge factor clogging the wheel of the judiciary.

Nigeria needs light

Aside the judiciary, lack of constant power supply has crippled several sectors and is constantly making life difficult. Many are dying on daily basis at our hospitals. I have always wondered why the resolution of the electricity problems in Nigeria has remained a mystery. I had questioned why we are yet to begin to witness the tremendous change promised by the Minister of Power, Mr. B. R. Fashola, SAN, but I was told to neglect his promises as same was a pure political propaganda. I am particularly troubled because I have enormous respect for the learned Silk and I believe he is one man always ready to make a significant change. The kind of change Nigerians desire in the power sector is not the type well-articulated in written form or written analyses. The desired change is like the one in the telecommunication sector where, today, you find beggars on the streets owning GSM handsets and making wireless calls (notwithstanding the poor service delivery).

Nigeria needs constant light to move forward, away from darkness…

A Newspaper that makes libellous publication for profit deserves to be punished. However…

Western Publishing Co. Ltd v. Dr. Kayode Fayemi [2017] 13 NWLR (Pt. 1582) 218 at 292, paras. B-C, per Ugo, JCA:

“…They (punitive damages) can be awarded, especially where it is pleaded and proved that the defendant intended to make a profit from the false publication which he believed  would far outweigh whatever damages that would be awarded against him in a libel action…”

Newspapers and libel

Blogger’s Note:

What we have learnt from the above statement of the law is that although a person guilty of defaming the character of another is ordinarily liable in damages, where such defamation (in the form of libel for instance) was done for the purpose of making profit, the courts would be inclined to award punitive or exemplary damages. The interesting reasoning of the court is that such a person deserves to be punished because some form of ‘economic or business decision’ might have been made by the offending party in that the person might have acted on the belief that the profit that would accrue from the defamatory publication would outweigh whatever damages that would be awarded by the court.

Notably, the foregoing applies not only to newspaper outfits. Any person who defames the character of another can suffer punitive damages in deserving cases.

In the instant case, the trial court awarded a whopping 2 Billion Naira aggravated (compensatory) damages against the Appellants having found the Appellants liable for libel, while refusing the exemplary damages sought.  The Appellant had alleged that the Respondent, who at the time was the Governor of Ekiti State, had corruptly enriched himself and also had bribed some Justices of the Supreme Court who were then hearing the appeal of his predecessor, for Governor Segun On, against the Respondent’s election. The Appellant was held liable for libel and same finding was upheld by the Court of Appeal who held that none of the defences put up by the Appellants availed them.

The Appellants also argued that the 2 Billion Naira awarded as aggravated damages was excessive and punitive. The Court of Appeal of course had no difficulty in holding that punitive damages can be awarded in deserving circumstances like in the instant case. However, the Court of Appeal was absolutely dissatisfied with the award made by the trial court and emphatically criticized same thus:

“Two Billion Naira damages in the circumstances is quite on the very high, if not even outrageous, side. It is not only outrageously excessive as aggravated damages but even excessively punitive as exemplary damages, assuming that was what the lower court meant to do even as it refused to award the exemplary damages claimed. In reality the lower court seems to have given (and extremely generous too) with the left hand what it had purported to have denied the claimant with the right hand. With this award the respondent may well decide to go into immediate retirement and live the life of a billionaire (at least in Naira terms) for the rest of his life, all because of a libel published against him which the same court has incidentally even ordered that the defendants/appellants publicly apologise to him and even retract in three prominent newspapers. Even if the respondent were to be rendered paraplegic in an accident case, it is doubtful if he would get this huge sum the court awarded him for defamation of character. I know that damages in defamation actions are ‘at large’ and involves the exercise of discretion, like all exercises of discretion, must be judiciously and judicially exercised. The competing cases of the parties to justice (including the issue of award of damages) must be put in the imaginary scales of justice and weighed in exercising the discretion society entrusts the judge with. The instant award does not seem at all to have been so scaled. In fact it has more of the feel of a jackpot and/or windfall than an award by a court of justice in a libel case.”

(See pages 290-291, paras. D-B of the report).

To add, with the award made by the trial court, the 1st Appellant might as well fold up!

On a lighter note, even if the 2 Billion Naira was allowed to stand, as a politician (of typically Nigerian breed), it is extremely doubtful if that is enough to make the Respondent proceed to immediate retirement.

After a review of previous authorities on the point, the Court of Appeal reduced the award to 13 Million Naira. This is more sensible.

You may read: “How Punitive can Damages be in Nigeria?”

*I do not agree with the author of the referenced article that there is need for legislative intervention regarding award of punitive damages. We simply need our judges to ensure that discretion in awarding damages (just as in all other cases) is exercised judiciously and judicially.

Nature of the offence of Terrorism

Karumi v. FRN (2016) LPELR-40473(CA), p. 25, paras. A-D, per IKYEGH, JCA:

“The gravity of the offence of terrorism which involves the use of violence or force to achieve something, be it political or religious, is a grave affront to the peace of society with attendant unsalutary psychological effect on innocent and peaceful members of the society who may be forced to live in perpetual fear. It is an offence that may even threaten the stability of the state. The sophisticated planning and execution of the acts of terrorism show it is an offence that requires premeditated cold-blooded organisation. The circumstances under which such a crime is organised calls for appropriate sentencing to deter its recurrence by potential or prospective offenders.”

Say no to terrorism

Blogger’s Note:

Click here and here for further discussions on the concept of terrorism which is a concept that cannot be easily defined. We are however guided by the opinion of his Lordship quoted above.

Is Indigenous People of Biafra (IPOB) a terrorist organisation?

It is submitted that the Nigerian Military was wrong in declaring IPOB a terrorist group and the South East Governors were wrong in proscribing the association.

In an article, Terrorism and Human Rights Protection: Nigerian Perspective, published in 2015, B. E. Ewulum prophesied: “It is not doubtful that in a short while the nation may witness a barrage of proscription of certain societies and associations in the name of fighting terrorism.” The learned writer proceeded to give an insightful opinion on the necessary steps to be taken before the proscription of a society. He said: “It is therefore very essential that before a society should be proscribed there must be a legislation which will be subject to judicial opinion on the issue where a challenge is raised. As such, the onus must be on the State to show that the measures taken fall within the permissible aims under the national and international human rights law. This implies that States must not claim that the rights-limiting measures taken to preserve national security when they are in fact taken to effectively stifle all opposition or to repress its population. Apart from this, care should be taken to ensure that the principles of necessity and proportionality are respected in all cases; specific safeguards are required to ensure that the limitations to the right to freedom of association are construed narrowly. These measures include ensuring that the principle of legality is respected in the definition of terrorism, terrorist acts and terrorist groups. The courts shall ensure that such definitions are not too wide or vague as such definitions may lead to the criminalization of groups whose aim is to peacefully protect, inter alia, labour, minority or human rights. Any decision to proscribe a group or association needs to be taken case by case, treated on their individual merits or otherwise and no two cases shall be given the same treatment. To do so, there shall be need to ensure that the assessment is based on factual evidence of the group’s activities, which implies that the government may not make the determination before registration has taken place and before the group has started to exercise its activities. The assessment must be made by an independent judicial body, with full notice to the affected group as well as the possibility of appealing the decision.”

Flowing from the above, we maintain that the Nigerian Military and the South East Governors were wrong in their approach.

Biafrans

Photo credit: Channelstv.

Now, regarding the recent military action in the South East, which action has been widely condemned, though supported by some, it is our position that the Federal Government must show maximum respect for the life of every Nigerian. The Nigerian Military, the Police as well as other arms wielding agencies of Government must not put on the character of terrorism which they are mandated to combat; characters such as uncontrollable hunger to maim and destroy even on the slightest provocation must stop.

There is nothing to justify the ultimate decision of the Federal Government to carry out the recent military operations in the South East. This is notwithstanding the style and seemingly thoughtless disposition of IPOB in pushing for Biafra in exercise of their rights to self-determination.

IPOB has severally canvassed, and brilliantly too, that they are open to a  referendum and other peaceful means of determining whether or not the people of the South East region (and other areas mapped as Biafran region) are still interested in remaining in Nigeria, in view of the claims based on marginalization.

Sadly, the IPOB leader, Mazi Nnamdi Kanu, does not appear to be employing enough intelligent means to push for this. While he advocates for peaceful means in one breath, in another breath, he sings the songs of war (while keeping his family abroad) in a distasteful manner that ridicules Nigeria. The sovereign state called Nigeria which is peopled by a large population with corresponding right to remain Nigerians must be accorded due regard and respect.

Until Biafra is achieved, it is absolutely wrong to be going about and carrying on as if Biafra is here already. For instance, declaring that there will not be election in Anambra State this year was utter wrong (although this threat has been withdrawn). Without missing the point, asking for Biafra in exercise of the right to self-determination is a serious political question. This means that high level politics need to be played with high level skills. It may take years but it is achievable. For instance, it took a patient play of politics for the peaceful voting that brought about Brexit to take place; so too, the voting concerning the fate of Scotland. Since IPOB and others have often cited these instances as well as other similar examples, it is important to understudy what made the events possible. You need a disposition that will connect not only politicians to the struggle but the large body of elites who detest associating with anything dishonourable. The South East for instance, is rich and blessed with this class of human resources and incredible number of successful businessmen and women who value their investments all over Nigeria and the world.

Finally, the enlightening opinion of Senator Ekweremadu is worth reading. We must learn crucial lessons from developments in other parts of the world. If care is not urgently taken, another civil might be staring at our faces. Indeed, the situation at hand triggered by Nnamdi Kanu through spearheading the Biafran struggle is currently exposing more significant issues concerning our national life. We must give heed to these issues.

No war

 

Avoid plagiarism: A respondent may adopt the brief of a co-respondent.

 

Opeyemi v. Owoeye [2017] 12 NWLR (Pt. 1580) 364 at 393, paras. E-G, per Bage, JSC:

“Let me pause to register our observation on the duplicitous briefs of the two respondents, which are similar in content and context, appearing verbatim and serialization as in the examples of pages 5-9 of the arguments on issue one. This is a point to note in advocacy and brief writing. The 2nd respondent, knowing it has nothing different to canvass in its brief would at best have adopted or rested its position on that of the claimant/respondent as against seeming and obvious plagiarism. We reckon with the date of filing as against purposive dates the documents were signed. The 1st respondent’s brief is dated 24th June, 2013 while the date of the 2nd respondent’s brief is 13th May, 2014 and filed on 5th May, 2014, almost a year after the 1st respondent’s brief which it copied almost verbatim. It paints a picture of a needless, afterthought recourse of a less diligent legal officer.”

Blogger’s Note

Interestingly, the learned Justice of the Supreme Court described the act of the 2nd Respondent as plagiarism. It is doubtful though, if this is actionable plagiarism.

The apex Court has correctly directed on the proper thing to do where a respondent entirely agrees with the arguments in the brief of a co-respondent. This is mostly where the respondents are being represented by different counsel.

Usually, what inspires the approach of counsel such as counsel to the 2nd Respondent is the drive to file something and ensure that he earns his fees. In this wise, the more professional thing to do is to be more diligent by adding something significant to the co-respondent’s brief, whose arguments he largely agrees with. That way, he would have filed a brief of some substance that will further assist the court in determining the case. Otherwise, a mere verbatim copy of a co-respondent’s brief may actually waste the time of the court considering the duplicity.

Any issue for determination of more than 3-4 lines is wrong!

 

Saleh v. Abah [2017] 12 NWLR (Pt. 1578) 100 at 129, paras. C-E, per Bage, JSC:

“We wish to pause a while to observe the seemingly superfluous and overlapping issues formulated by the parties in their briefs of argument. First, any sentence more than 3-4 lines is grammatically inelegant, and putting it straight, wrong. The appellant formulated 8 issues in paragraph 3.0 at pages 7-9 of the appellant’s brief of argument. The average number of each issue, formulated as separate sentence, is 8-10 lines. This is not too elegant. By adopting the issues formulated by the appellant, although this is a sole-appellant appeal; the 3rd respondent also invariably slips into the inelegance of long and inordinate sentences and the surplusage style of brief drafting and writing through overlapping formulation of issues.”

Blogger’s Note

Elegant drafting is one of the most important tools of a successful lawyer. Sometimes, I wonder what some counsel intend to achieve by incoherent presentation of arguments. It does not assist the court in any way. Rather, it can make the job of the court more onerous.  One of the duties of counsel is to assist the court, as ministers in the temple of justice, to resolve disputes.

Click here for more judicial opinions on the importance of good drafting.

Notable Pronouncement: Supreme Court condemns trafficking in young girls.

 

Serah Ekundayo Ezekiel v. A. G. Federation [2017] 12 NWLR (Pt. 1578) 1 at 20, paras. C-E, per Nweze, JSC:

“Permit me, however, to add that it is indeed very worrisome that the insatiable allure of filthy lucre could impel a woman to traffic in young girls (whom the trial court, aptly, described as “mothers of tomorrow”) knowing fully well that the end result would be the ultimate debasement of womanhood: how immoral! how disgusting!”

Blogger’s Note:

Notwithstanding that the Appellant was a first offender, Sanusi, JSC, in his contribution, was of the position that the Appellant deserved maximum sentences for the charges. According to him, “the mere offence of trafficking in persons and more so in young persons should not be taken lightly. It is worse than slavery which was thought as an abomination and abolished.” See page 26 of the report.

Human trafficking especially in young girls (for prostitution, forced labour, and other forms of dehumanising servitude and exploitation) has become a huge problem in Nigeria. Recently, the Deputy Senate President, Senator Ekweremadu, decried the high rate of the crime in the country. The Federal Government through the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) has been fighting this menace (see recent reports). Even so, the situation has attracted foreign aid.

While poverty, among several other factors account for the increase in the level of this crime, Nweze, JSC believes that ‘despicable greed’ and inordinate craving for wealth inspired the Appellant in the instant case. In a seminal pronouncement, his Lordship, one of the finest Justices of the Supreme Court, stated (at page 21, paras. F-H):

“My lords, before I end this very short judgment in this appeal… permit me to avail the appellant, and all persons of her ilk, of one of those arcane insights I gained from my long and fruitful sojourn in the realm of the history of ideas. It is the profound wisdom ingrained in the aphorism which Social Ethicists left behind for an avaricious humanity, namely, amo habemo habendi crescit – the love of having increases with having. In other words, there would be no limit to the cravings for material things unless people rein in their unquenchable appetite for them. After all, they are notable only for their evanescence!”

I join the world in condemning this evil. Parents should be extremely watchful, careful and protective of their children.

Read:

Human Trafficking in Nigeria: Root Causes and Recommendations.

IMADR Briefing Paper for the Special Rapporteur on trafficking in persons, especially in women and children.

Trafficking of Women and Children in Nigeria: A Critical Approach.

See more.

Featured image credit: Tribune.

In a fundamental rights suit, failure to comply with section 97 of the Sheriffs and Civil Process Act is not fatal.

 

Ahamefula v. Guaranty Trust Bank Plc & Ors. – Suit No. FHC/L/CS/244/2015, Dagat J.:

“On the issue of not complying with the Sheriffs and Civil Process Act as regards service outside jurisdiction, generally, the processes to be served outside jurisdiction must have an endorsement on it showing that it is to be served outside jurisdiction in compliance with Section 97 of the Sheriffs and Civil Process Act. The courts have held that where this endorsement is missing the process is voidable and may be set aside on the application of the adverse party. See Odua Investment vs. Talabi (1997) 7 SCNJ 600. Normally, an adverse party need only to file a notice of preliminary objection and take no further step to succeed. However, with the advent of proceedings in lieu of demurrer, the adverse party is forced to file his counter affidavit and other processes. I must state that the 5th Respondent is entitled to petition the court to set aside the service on him, however, this would defeat the objectives of the Fundamental Rights Enforcement Procedure Rules, 2009 which are special proceedings and which seek to do substantial justice. Kindly see the preamble to the Fundamental Rights Enforcement Procedure Rules, 2009. In the interest of justice, I hold that the processes served on the 5th Respondent is proper.”

Order of arrest of ship subsists after fourteen days

Blogger’s Note:

The above statement of the law is as contained in the Judgment of Hon. Justice J. K. Dagat of the Federal High Court, Lagos Division, delivered on 28th day of March, 2017.

Continue reading In a fundamental rights suit, failure to comply with section 97 of the Sheriffs and Civil Process Act is not fatal.

The functions of the NBA are interwoven with the functions of other regulatory bodies in the legal profession.

 

NBA v. Kehinde [2017] 11 NWLR (Pt. 1576) 225 at 246-247, paras. G-E, per Tukur, JCA:

“Let me quickly state here that the regulatory functions of the Legal Profession in Nigeria is not bound up in one Body. It is a duty shared by many including: The Body of Benchers established by section 3 of the Legal Practitioners Act, Cap. L.11, Laws of the Federation of Nigeria 2004; General Council of the Bar established by section 1 of the Legal Practitioners Act, Cap. L.11, Laws of the Federation of Nigeria 2004; Nigerian Bar Association recognised by sections 8(3) & 24 of the Legal Practitioners Act, Cap. L.11, Laws of the Federation of Nigeria 2004; Council of Legal Education established by the Legal Education (Consolidation) Act, Cap. L.10, Laws of the Federation of Nigeria 2004; Legal Practitioners Privileges Committee established by section 5(1) of the Legal Practitioners Act, Cap. L.11, Laws of the Federation of Nigeria 2004; Legal Practitioners Remuneration Committee established by section 15(1) of the Legal Practitioners Act, Cap. L.11, Laws of the Federation of Nigeria 2004; Legal Practitioners Disciplinary Committee established by section 10(1) of the Legal Practitioners Act, Cap. L.11, Laws of the Federation of Nigeria 2004; and the Supreme Court of Nigeria. While some of these bodies have narrow powers, with functions that are sealed in water-tight compartments, others like the Nigerian Bar Association have functions which are interwoven with the functions of others…”

NBA interwoven functions with other bodies

Blogger’s Note:

The Respondent, a legal practitioner, sued the Appellant, the Nigerian Bar Association (NBA), contending that the invitation by the NBA for mandatory or compulsory validation or verification of records of legal practitioners in Nigeria for a fee constitutes an infraction of the statutory role of the Chief Registrar of the Supreme Court of Nigeria and the Council of Legal Education.

Continue reading The functions of the NBA are interwoven with the functions of other regulatory bodies in the legal profession.