Policy Book of the
2019 ANNUAL GENERAL CONFERENCE OF THE NIGERIAN BAR ASSOCIATION
Theme: FACING THE FUTURE
Date: 23 – 29 August 2019 Venue: Eko Hotel & Suites / Harbour Point, Victoria Island, Lagos, Nigeria
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Table of Content Page
CHAPTER 1 OVERVIEW______4
1.1 INTRODUCTION______ERROR! BOOKMARK NOT DEFINED. 1.2 WELCOME REMARKS ______ERROR! BOOKMARK NOT DEFINED. 1.3 OPENING REMARKS ______ERROR! BOOKMARK NOT DEFINED. 1.4 GOODWILL MESSAGE ______8 1.5 KEYNOTE ADDRESS ______9 1.6 SPECIAL ADDRESS ______10 1.7 CONFERENCE OPENING ______11 1.8 VOTE OF THANKS ______12 1.9 SUMMARY OF KEY DELIBERATIONS ______12 CHAPTER 2 RULE OF LAW ______16
2.1 EXAMINING SECURITY AND HUMAN RIGHT ISSUES IN NIGERIA’S EXTRACTIVE INDUSTRY ______17 2.2 NEWS AND VIEWS FROM ACROSS THE STATES: UPDATES ON THE ADMINISTRATION OF CRIMINAL JUSTICE ACT 2015 20 2.3 ENVIRONMENTAL JUSTICE AND THE ECOLOGICAL CRISIS IN NIGERIA: A RULE OF LAW APPROACH ______23 2.4 THE RULE OF LAW SYMPOSIUM ______26 2.5 JUDICIAL PROTECTION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS ______32 2.6 OPERATIONS BY SECURITY AGENTS AND HUMAN RIGHTS OF CITIZENS ______36 2.7 MINING LAW: EMERGING ISSUES ______41 CHAPTER 3 REGULATION OF THE PRACTICE AND PROFESSION ______44
3.1 THE FUTURE OF THE LEGAL PROFESSION AND THE REGULATION OF LEGAL PRACTICE AND PRACTITIONERS _____ 45 3.2 SOCIAL MEDIA CULTURE, LIABILITY AND PROFESSIONAL ETHICS ______49 3.3 A FUTURE FIT LEGAL & REGULATORY FRAMEWORK FOR CORPORATE COUNSEL ______53 3.4 THE INCURSION OF MULTI-DISCIPLINARY FIRMS: ANY REGULATION ______58 3.5 EFFECTIVE IMPLEMENTATION OF THE NATIONAL LEGAL AID STRATEGY (2017-2022) ______62 3.6 FAMILY LAW DYNAMICS AND 21ST CENTURY REALITIES ______67 CHAPTER 4 LAW OFFICE MANAGEMENT AND CAPACITY BUILDING ______71
4.1 BUILDING INDIGENOUS CAPACITY IN THE OIL AND GAS INDUSTRY ______72 4.2 A WORKSHOP ON FINANCIAL SKILLS 101 FOR LAWYERS ______75 4.3 TEN (10) THINGS NO ONE KNEW AT LAW SCHOOL – LEARNING TO PRACTICE OR PRACTICING TO LEARN ______77 4.4 KEEPING UP WITH THE CREATIVES ______83 4.5 LAW CLINIC – TECHNOLOGY, ELOQUENCE, BRANDING, MILLENNIALS & PRACTICE MANAGEMENT. ______86 CHAPTER 5 INTERNATIONAL TRADE IN LEGAL SERVICES, ECONOMY AND BUSINESS ______91
5.1 CROSS-BORDER TRADE IN LEGAL SERVICES: CURRENT REALITIES AND FUTURE POSSIBILITIES______92 5.2 A NEW ERA IN NO BOUNDARIES – THE INTELLECTUAL PROPERTY AGE OF IDEAS AND SOLUTIONS ______96 5.3 BREXIT: POTENTIAL IMPACT ON AFRICA TRADE AND INVESTMENT ______99 5.4 LIBERALISATION OF THE AVIATION INDUSTRY: THE KEY TO AFRICA’S FUTURE DEVELOPMENT ______102 5.5 EXPANDING YOUR LEGAL PRACTICE OFFSHORE ______106 5.6 THE TASKING TASK OF TAXATION AND THE TAXMAN’S TENTACLES* ______109 5.7 INFRASTRUCTURE FINANCING IN NIGERIA: PUBLIC-PRIVATE PARTNERSHIP; SUKUK AND THE FUTURE ______113 5.8 GROWING THE ECONOMY THROUGH LEGAL REFORMS ______116 CHAPTER 6 JUDICIARY AND THE JUSTICE SYSTEM ______ERROR! BOOKMARK NOT DEFINED.19
6.1 CODE OF CONDUCT TRIBUNAL: A CLASH OF JUDICIAL AND EXECUTIVE POWERS ______120 6.2 LEVERAGING TECHNOLOGY IN JUSTICE ADMINISTRATION: ISSUES AND CHALLENGES ______124 2 | P a g e
6.3 ELECTRONIC EXPRESSION OF THE WILL OF THE PEOPLE: CHALLENGE AND REFORMS ______127 6.4 THE JUDGE’S RIGHT OF REPLY: MAXIMIZING THE SYNERGY BETWEEN THE BAR AND BENCH ______130 CHAPTER 7 GENDER, HEALTH AND OTHER DISCRIMINATION ISSUES ______133
7.1 BULLYING AND SEXUAL HARASSMENT IN THE LEGAL COMMUNITY ______134 7.2 THE CRISES OF SEXUAL AND GENDER BASED VIOLENCE (GBV) IN OUR COMMUNITY ______137 7.3 IMPLEMENTING SUSTAINABLE DEVELOPMENT GOAL 5: GENDER EQUALITY AND WOMEN EMPOWERMENT ______141 7.4 OPENING THE WINDOW OF LAWYER WELLNESS AND MENTAL HEALTH CONCERNS ______145 7.5 MEDICAL NEGLIGENCE: TIME TO CHANGE THE NARRATIVE ______149 CHAPTER 8 SECURITY AND TRAFFICKING ______154
8.1 KIDNAPPING AND TERRORISM: THREAT TO FREEDOM, SECURITY AND NATIONAL DEVELOPMENT. WHAT CAN LAWYERS DO?______ERROR! BOOKMARK NOT DEFINED.55 8.2 MODERN DAY SLAVERY, TRAFFICKING IN PERSONS, AND IRREGULAR DOMESTIC AND CROSS-BORDER MIGRATION ______ER ROR! BOOKMARK NOT DEFINED.60 CHAPTER 9 OPPORTUNITIES FOR WEALTH CREATION: LAGOS AND NASARAWA STATES _____ ERROR! BOOKMARK NOT DEFINED.161
9.1 FOCUS ON LAGOS STATE: EDUCATION, TRANSPORTATION, HEALTH, ENVIRONMENT, LAND AND TOURISM______164 9.2 NASARAWA STATE: UNLOCKING OPPORTUNITIES, CREATING WEALTH - AN INTERACTIVE SESSION WITH THE GOVERNOR OF NASARAWA STATE______169 CHAPTER 10 TECHNOLOGY AND THE LAW ______173
10.1 THE NEXT GENERATION OF LAWYERS ______174 10.2 MODERN TRENDS IN EVIDENCE: GATHERING, PRESERVING AND PRESENTING EVIDENCE IN THE DIGITAL AGE ___ 178 10.3 ARTIFICIAL INTELLIGENCE IN ADR: THE CHANGING FACE OF DISPUTE RESOLUTION ______180 10.4 SPACE, THE FINAL FRONTIER: SCIENCE, POLICY, LAW AND REGULATORY FRAMEWORK ______184 CHAPTER 11 FUTURE FORWARD ______187
11.1 COMMUNIQUE ______188 CHAPTER 12 APPENDICES ______192
APPENDIX A ______193 APPENDIX B ______228 APPENDIX C ______240 APPENDIX D ______241 APPENDIX E ______243
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Chapter 1 Overview
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1.1 Introduction The 59th Annual General Conference (AGC) of the Nigerian Bar Association (NBA) successfully held from Friday, 23rd August to Thursday, 29th August 2019 at Eko Hotel & Suites, and Harbour Point, Victoria Island, Lagos, Nigeria. The Conference featured 43 sessions, 307 Nigerian and Foreign speakers from the legal and business community, academia, legislature and the public sector, and witnessed a record attendance of over 12,000 delegates.
The Conference was graced by notable dignitaries that included the President and Commander- In-Chief of the Armed Forces, Federal Republic of Nigeria, His Excellency Muhammadu Buhari, GCFR, represented by the Honourable Attorney General and Minister of Justice, Federal Republic of Nigeria, Abubakar Malami, SAN; the Chief Justice of Nigeria, Honourable Justice Dr. Ibrahim Tanko Muhammad, CFR; the Governor of Lagos State, His Excellency, Babajide Sanwo-Olu, represented by the Deputy Governor of Lagos State, Dr. Femi Hamzat; the President, International Bar Association (IBA), Horacio Bernardes Neto, and other distinguished members of the Federal and State Legislatures, Heads of Federal and State Government agencies, captains of industry, leaders of the Bar and Bench.
The theme of the 59th AGC: “Facing the Future” was very apt, given the importance and future of the legal profession, businesses, the judiciary and Government amidst a rapidly changing world driven by fast-paced technological innovations and increasing external competition in a globalised world. In line with the theme, a major innovation was introduced in conference planning. In an IBA style, the NBA placed the NBA specialized Section Committees at the centre of capacity building thus providing a wide array of menu that offered real learning opportunities in various practice areas.
It was imperative that the flagship event of the NBA provide stakeholders with an engaging platform to stir up discussions around topical issues resulting in a unifying narrative that will illuminate the envisaged future of the legal profession and the opportunities therein.
1.2 Welcome Remarks
Mr. Gbenga Oyebode, MFR, Chairman, Technical Committee on Conference Planning (TCCP)
The Chairman, Technical Committee on Conference Planning, Mr. Gbenga Oyebode, MFR welcomed the delegates to the 59th Annual General Conference (AGC) of the Nigerian Bar Association. He noted that the Conference, which is the flagship event of the NBA, provides delegates with a credible platform to engage in robust and rigorous discussions of topical issues in the legal profession. These conversations are expected to challenge the narrative and provide comprehensive ways to deliver truly beneficial value to the legal community and the country at large. Recognising the large turnout of almost 12,000 registered participants for the conference, he affirmed that the impact of the NBA cannot be underestimated.
He noted that the theme of the 59th edition of the AGC ‘Facing the Future’ underscores the importance of the legal profession in a rapidly changing world. Recent statistics indicate that in 20 years’ time, the population of Lagos State, the host city for the conference is expected to double in size from 20 million to 40 million people. Similarly, the population of Nigeria (estimated at 200 5 | P a g e
million currently) is expected to double in size if it maintains an average growth rate of 3 percent year-on-year. With these projections, Nigeria’s total crude oil production is expected to equal local consumption in the next 20 years, leaving no oil for export and this bodes ill for the country as a mono-product (crude oil) export-dependent economy. Given these, he identified the need to discuss and share a unifying narrative that will interrogate the envisaged future of the legal profession and the opportunities in this context.
Globalisation, increased external competition, new frontiers of knowledge, Artificial Intelligence and robotics, he pointed out, are inescapable threats to the legal profession. There are also the threats from the influx of international legal firms and the incursion of other professional services firms such as accounting firms that offer some of the services rendered by law firms. Consequently, the legal profession is vulnerable on all fronts, and to this end, the outcome of the Conference deliberations is expected to propose innovative solutions and recommendations to address these issues.
The identified headwinds notwithstanding, Lagos as the host State and technological hub of Nigeria is home to major financial technology firms (Fintech) and remains a centre for big anchor investors. These are opportunities that legal professionals can leverage towards the growth and sustainability of the profession.
Expressing his appreciation to the Lagos State Government for its enormous support, Mr. Oyebode was optimistic that the various issues for discussion at the 2019 Conference will help to define the future of the profession, Nigeria as a nation and the continent of Africa given the country’s position and size in Africa.
In closing, he welcomed all the participants and noted that at the end of the Conference, it would be evident that it had the largest gathering of lawyers in attendance and was the most successful NBA Annual General Conference held till date.
1.3 Opening Remarks
Mr. Paul Usoro SAN, President, Nigerian Bar Association (NBA)
The President, Nigerian Bar Association, Mr. Paul Usoro (SAN) in his expository remarks welcomed everyone to the opening ceremony of the 59th Annual General Conference (AGC) of the NBA and recognised the presence of the high-level dignitaries at the AGC 2019. This included the President, Federal Republic of Nigeria, who was represented by Attorney General of the Federation, Mr. Abubakar Malami; the Chief Justice of Nigeria, Honourable Justice, Dr. Ibrahim Tanko; the Governor of Lagos State represented by the Deputy Governor of Lagos State, Dr. Kadri Obafemi Hamzat; The Consul-General of the United States of America, Claire Pierangelo; The President of the International Bar Association, Horacio Bernardes Neto; Justices of various courts, and distinguished Senior Advocates of Nigeria. He specially expressed appreciation to the past Presidents who built strong foundation for the current administration and other distinguished colleagues. Alluding to the fact that the conference matched the standards of the International Bar Association (IBA) conferences, he highlighted core reasons the AGC is a highly sought-after event for lawyers in Nigeria and those in Diaspora.
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First is that the 2019 AGC platform is an assemblage of twelve thousand (12,000) lawyers across Nigeria that provides an opportunity for friendship renewals and reunions among NBA members who in some cases met last in the Nigerian Law School. Beyond that, attendees are opportuned to build new relationships and bonds that would give meaning to their standing as learned colleagues and friends. This was in fact the reasoning behind the Friendship Centre that is hosted at Harbour Point, Victoria Island.
Beyond the friendship reunion at the AGC, the NBA considers it very important to discuss contemporary issues that border on the national agenda. These issues in some cases are not matters that affect lawyers directly but impact on the nation as a whole and this goes to underscore the saying that “lawyers are recognised as the voice of the voiceless”. This informed the assemblage of experts who are not necessarily lawyers but are subject matter experts that would lead discussions and chart the way forward on these topical national issues. Issues to be discussed include opportunities in the recently signed African Continental Free Trade Agreement (AfCFTA) and its implications for the legal profession, the impact of Brexit on Nigeria, among other matters. He opined that the outcome of the deliberations will not only be extremely beneficial to lawyers but also to the ordinary Nigerian citizens. Ultimately, the outcome of these discussions will help the process of setting an agenda for Nigeria as a nation.
The AGC also affords members the opportunity to review the modus operandi of the Nigerian Bar Association, its legal framework and the regulatory issues that are germane to law practice. The relationship between the different arms of the profession, the Bar and the Bench would also be reviewed. With this in mind, the NBA is very well pleased with the presence of the Head of the Nigerian Judiciary, the Chief Justice of Nigeria at this year’s Conference; to further strengthen this relationship, the lined up programmes for the AGC will include the Bar/Bench relationship and the regulation of the legal profession.
The key focus of the deliberations of the 2019 AGC is on the protection, promotion and preservation of the rule of law and this is of greater significance than the aforementioned reasons for the Conference. The importance of this issue is enshrined in the second stanza of the Nigerian national anthem in which citizens pray for divine empowerment to build a country where peace and justice will reign. Mr. Usoro pointed out that it will be challenging if not impossible to have a country where peace and justice reigns if there is no respect for the rule of law.
The fundamental responsibility of lawyers is to ensure that the rule of law is adequately protected, preserved and promoted at all times. Recognising that there are different facets of the rule of law, he alluded to the fact that the rule of law does not only protect the independence of the legal profession but also safeguards the independence of the judiciary. It guarantees access to justice while its fairness principles take care of the rich and protect the weak and the poor. The rule of law knows no religion, tribe and political party, it is common to everyone. He therefore urged the lawyers in government and private practice to ensure that the rule of law is protected, promoted and preserved. It is based on this premise that one of the general sessions is entirely devoted to the ‘Rule of Law Symposium’.
The President in closing expressed his appreciation to the following stakeholders present at the conference. Recognising the crucial role Lagos State Government has played towards the
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successful organisation of the 2019 AGC, he expressed his appreciation for the commitment of the state officials in ensuring the programme goes as planned.
Furthermore, he expressed deep gratitude to the Chief Justice of Nigeria, Honourable Justice, Dr. Ibrahim Tanko CFR for his attendance.. Clearly, the presence of the Chief Justice showed his deep interest and love for the legal profession despite being bereaved which ordinarily could have been a tenable excuse for his absence at the conference.
He sent his appreciation to the President and Commander-in-Chief of the Armed Forces of Nigeria, Muhammadu Buhari GCFR represented by the Honourable Attorney General of the Federation and Minister of Justice, Federal Republic of Nigeria, Abubakar Malami, SAN who had indicated intention to personally attend but could not due to other national engagement. He also independently expressed appreciation to the Honourable Attorney General, Abubakar Malami and noted that the Nigerian Bar Association will keep the Attorney General of the Federation abreast with the envisaged outcome of the agenda-setting Conference.
The President also thanked the President of the International Bar Association (IBA), Horacio Bernardes Neto and acknowledged the enormous responsibilities of the IBA President and his commitment to and focus on Africa during his tenure.
In his final note, he welcomed the delegates to the 2019 AGC of the NBA and wished everyone a successful and memorable deliberations.
1.4 Goodwill Message
Mr. Babajide Sanwo-Olu, Governor of Lagos State The Governor, Mr. Sanwo Olu was represented by the Deputy Governor of Lagos State, Dr. Femi Hamzat who delivered the goodwill message from the Governor. He acknowledged the theme of the 2019 AGC “Facing the Future” as interesting and instructive, a clear indication that the NBA recognises the realities of today and the future impact of the legal profession, including the justice delivery system. Over the decades, major changes leading to the 21st century have revolutionised our way of life, but at the centre of it all is technology. The impact of technology on virtually all professions is notable. As such, any profession that refuses to incorporate technology in its business operations/model is likely to lose its relevance in the fast unfolding future.
For greater productivity, he urged professionals to seek to understand the language of technology and adopt it. Currently, there are a number of technological tools and software that can be deployed to perform certain tasks. Interestingly, the robot lawyer, known as ‘Ross’, has been developed to perform certain legal tasks and is, in fact, being hired by international law firms. According to the Governor, this calls for the legal profession to focus its conversation and generate recommendations that would treat technology as an enabler for the provision of legal services.
He applauded the NBA for demonstrating its readiness to reposition the practice of the legal profession within the envisaged future environment in which it will operate. Given the status of NBA in Africa, it is gratifying to note that the NBA is looked upon to lead the rest of the continent to face the future with confidence and hope. For the NBA to lead this change that is characterised 8 | P a g e
by technology and innovation, Information Communication and Technology (ICT) skill acquisition should be integrated into the training curriculum for lawyers. In addition, technology should be deployed to further enhance the practice of law and speedy delivery of justice.
The Babajide Sanwo-Olu administration restated “its commitment to social development, improvement of justice dispensation and the maintenance of law and order in ensuring Lagos works for us all”. In closing he remarked that the Lagos State Government will continue to collaborate with all stakeholders to achieve its goals and ensure the delivery of an efficient justice system.
1.5 Keynote Address
Mr. Horacio Bernardes Neto, President, International Bar Association (IBA)
Mr. Neto set a high tone for the Conference, leaving participants highly motivated for the plenary and breakout sessions of the AGC. He acknowledged that the theme is forward-looking as it engages the younger generation of lawyers who will lead the transformation agenda of the legal profession.
The legal profession and judiciary have undergone various transformations and evolved to the present state with the enormous impact of technology. Technology has changed the narrative of the legal profession as already being witnessed and it, in fact, informs the expectations of clients. The industry has also witnessed new entrants of other professions, as the legal processes in some jurisdictions are now being digitalised. For instance, in Brazil, digitalisation of the judiciary is a reality evidenced in the electronic implementation of all judiciary processes.
In a world where information is now accessible by everyone through the internet, of greater concern is the use of such information. While technological tools can be used to decipher information, the universities also reorder their curricula to teach students how to adapt to and make use of these technological innovations.
According to Mr. Neto, legal firms in some advanced countries are no longer wholly owned by lawyers as they have opened up for public investment to encourage transparency and openness. As such, the legal profession is not only a profession but also a business. Consequently, new professions with different job specifications have evolved in the industry. For instance, firms now have teams of legal engineers, legal architects and legal designers. Similarly, the expectations of clients have gone beyond just requesting for legal services but for legal practitioners to also offer services such as business advice, risk management advice and financial advice. These changes brought about by technology have become the realities of today.
He stressed however that in spite of the tremendous impact of technology, “lawyers will not be replaced by robots” as there are elements of the legal profession that require the human brain, feel and touch. Besides, robots are not capable of strategy development and formulation!
On diversity and inclusion, there is a general misconception that diversity is only about gender balance. Much more than that, diversity encompasses cultural differences and geography, and as such must be promoted to make the legal profession inclusive.
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The millennials, he pointed out, led the adoption and use of technology that has brought about significant changes in the legal industry and they should therefore be incorporated into the discourse on the future of the legal profession. Research findings identify the preferences of millennials for workplaces that offer pro-bono services, maintain the rule of law and also take account of the need for work-life balance.
Security and legal secrecy have become a major threat to the legal industry globally. He urged the IBA, NBA and the Brazilian Bar Association to collaborate and advocate for the protection of the core values of the legal profession. These values are universal and sacrosanct, and lawyers must show total commitment to these values which include rule of law and human rights.
The IBA President, in his final notes alluded to the fact that the world is in need of lawyers as there is a shift in world economies to Africa. If the projection of the World Bank that Africa will account for 50 percent of the world Gross Domestic Product (GDP) by 2050 holds, then the legal profession should be prepared to exploit the opportunities and position for this impending shift in the world economy. The young lawyers should recognise their role in leading and contributing to the digital and electronic law practice for today and the future.
1.6 Special Address
Honourable Justice Dr. Ibrahim Tanko Muhammad CFR, Chief Justice of Nigeria
Honourable Justice Dr. Muhammad, in his Special Address, focused on the imperatives for repositioning the legal profession for future growth and also applauded the NBA for promoting dialogue and collaboration between the Bar and Bench. This discourse has been extended to other arms of the government which has led to several worthy initiatives in line with its advocacy objectives and mandates under the NBA constitution. The Bench and Bar are the twin pillars of ethics and the rule of law that the legal profession rests on and the NBA has a very important role in upholding these virtues in the society.
His Lordship noted that the theme of the conference ‘Facing the Future’ is very timely and is a germane reflection of the thoughts of the Judiciary and its tenacity in ensuring the emergence of an institution that delivers justice in a timely manner. Without doubt, the NBA is futuristic in its dealings, and this is aptly captured in the words of Charles Kettering “we all must be concerned about the future because we will have to spend the rest of our life there”.
The Chief Justice expressed that handling the fast unfolding changes coupled with the inherent challenges will require a great deal of determination and sacrifices. There is the need therefore, for the legal profession to collaboratively interrogate some of the important ideas and prescriptions needed for this major shift.
On assumption of office as the Chief Justice of Nigeria, he stated that his focus was and remains to reinvent court processes in a manner that would provide speedy and quality administration of justice, strengthen the structure of the Supreme Court and other courts of record for quality services delivery, stamp out corruption in the judicial system, adopt modern technology to improve registry operations and enhance management reforms.
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While it is customary at this time of the year for all the Justices of the Supreme Courts and the Courts of Appeal to have proceeded on their annual vacation, he noted that the high sense of responsibility and accountability recommended to the judiciary to forfeit their holidays and attend to and clear all sensitive issues pending in the courts. The Judiciary under his watch will tenaciously uphold honesty, transparency and integrity and the rule of law without regard to the appointing authorities or entities, so that the integrity and confidence of the public in the judicial system is not compromised.
The Chief Justice affirmed that there is consensus that funding of the Judiciary at the subnational level is inadequate, and this has a deleterious effect on speedy administration of justice and by extension, the promotion of the rule of law and the development of new initiatives in the area of judicial reforms. As long as funding constraints persists, the autonomy of the Judiciary will be hampered and acts of corruption and undue interferences with court cases will fester. To avoid these, subnational judiciary budget should constitute first-line charge deductions on the consolidated revenue funds of the Federation.
He enjoined the Bar to partner with the Bench to enforce ethical practices and prevent unprofessional conduct that may prevent speedy administration of justice. The Bar should desist from filling multiple interlocutory applications calculated to deliberately stagnate the pace of justice delivery. He further stressed that the Supreme Court will adopt deterrent measures such as costs against perpetrators of these unprofessional conducts that blatantly abuse the judicial process.
He urged the leadership of the NBA to strengthen its disciplinary measures against the abuse of court processes and discourage unethical conduct by legal practitioners, including those that are perpetrated by members of the Inner Bar.
1.7 Conference Opening
Muhammadu Buhari, GCFR, President and Commander-in-Chief of the Armed Forces, Federal Republic of Nigeria
President Buhari was represented by the Honourable Attorney General of the Federation and Minister of Justice, Federal Republic of Nigeria, Abubakar Malami, SAN. He attributed the eminent position of the NBA and its stake in the affairs of Nigeria as a necessity. Recognising that the theme of this year’s Conference, ‘Facing the Future’ resonates well with the level of progress achieved by the legal profession thus far, coupled with the social goals that are in line with contemporary, domestic and global realities.
While these changes have informed current realities and calls for collective and shared vision of the future direction that will result in a positive transition, it must be complemented with strong institutions and seamless processes that eliminate obstacles. The theme shares the same ideology with the present administration whose policies and actions recognise the importance of the rule of law. This has informed some of the administration’s policies that seek to promote accountability and transparency in national affairs and also empowers national institutions, law enforcement agencies and advocacy processes.
He indicated that the present administration is aware of the gaps that need to be filled to ensure a radical transformation of values and discharge of public responsibility, in both the private and
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public sectors. He affirmed the commitment of the administration to ensuring that national commonwealth is deployed for the benefit of the majority and not for the greed of a few. Statistical projections placed Nigeria as the 4th most populous country in the world by 2050, this indicates the need to pursue developmental policies and practical initiatives that will guarantee a prosperous future, and ‘not an avenue for corruption’. Nigeria as the largest economy in Africa, is at an advantage to utilize its capacity to reach the full economic potential that would cater for its population size.
The President, also highlighted that the Africa Continental Free Trade Agreement (AfCFTA) upon full implementation, will position Nigeria well to tap into Africa’s enormous human and capital economic resources, and promote enterprise and innovation. The NBA is therefore, encouraged to study the agreement and take full advantage of the benefits and opportunities it presents. The administration on the other hand, will ensure that infrastructural development, such as power, rail and good road network are placed at the forefront of development to unleash Nigeria’s economic potential.
The Nigerian Government has taken measures to enforce appropriate disciplinary actions against offenders both in the public and private sectors who indulge in dilatory practices that can cause the nation economic adversity. The administration will continue to promote measures towards a vibrant economy and a safe country with adequate laws.
The conference has provided a platform for delegates to participate actively to produce Conference outcomes that would impact positively on the socioeconomic fortunes of Nigeria and Africa. He noted that it is equally imperative for delegates to continue to deploy their professional expertise and competence in supporting the administration in its quest for a better Nigeria.
Mr. Malami on behalf of the President Buhari, then declared the 2019 NBA Annual General Conference open.
1.8 Vote of Thanks
Jonathan Gunu Taidi, Esq; General Secretary, Nigerian Bar Association
Mr. Taidi expressed delight in the President’s interest in the affairs of the Nigerian Bar Association, indicating that the success of the Conference depends on the contributions, support and commitment by all stakeholders. He thanked the delegates in attendance and reiterated that the members of the Association are prepared to face the future as they contribute to ensuring a successful Conference.
1.9 Summary of Key Deliberations
The status of the Code of Conduct Tribunal (“CCT” or “Tribunal”) has remained a grey area in the Nigerian jurisprudence and this has given rise to great contention. There is need therefore, to ascertain the extent of the powers of the Tribunal as the adjudicatory arm of the Code of Conduct Bureau (“CCB”) as it relates to judicial officers given the constitutional role of the National Judicial Council (“NJC”). It is equally important to discuss the nature and the ambit of the Tribunal’s powers and functions vis-à-vis the judicial powers of the superior courts of record. The Supreme Court is urged to avail itself any available opportunity to make unambiguous determination on the
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status of the Code of Conduct Tribunal, and clarify whether it is an organ of the Executive or a quasi-judicial tribunal capable of being vested with criminal jurisdiction.
The manner of dispensation of justice in Nigeria sometimes undermines the efficacy of the rule of law, stalling economic growth and development, eroding public confidence and widening the inequality gap. The Nigerian judicial system is characterised with pseudo independence with financial status of the Judiciary largely controlled by the Executive, especially at the State level. Judicial independence is non-negotiable in the administration of justice because the judiciary is the gatekeeper of the rule of law and without independent judges, the rule of law becomes a charade. Recognising the rule of law as one of the core foundational values in a democracy, predicated on an independent judiciary, independent Bar, separations of powers, and access to justice, the rule of law should be respected by all, realising that citizens and government have a duty to protect, safeguard and advance the rule of law at all times. Judicial officers are encouraged to be courageous and unbiased in the execution of their functions without regard to the appointing authority, in order to bolster and retain confidence of investors, businesses, and the public in the judiciary.
Globalisation, competition, new frontiers of knowledge, Artificial Intelligence, robotics, the incursion of international law firms and the intrusion of other professional services firms such as accounting firms into legal services among others has changed the narrative of the legal profession. The desire of Nigerian lawyers is to build regional and global law firms, but noting the inadequacy of the regulatory framework in Nigeria on the current and future realities of cross- border trade in legal services, the Conference resolved that NBA should work with the Office of the Attorney-General of the Federation and Solicitor-General of the Federation to amend existing laws and draft new laws that will introduce appropriate innovative structures and models that will advance the developmental interest of Nigerian lawyers and legal services delivery standards.
While globalization has and will lead to greater collaboration, the real challenge is the legal and ethical implications of digital trade in legal services for Nigeria, and whether Nigeria is ready to embrace this change. The African Continental Free Trade Agreement (AfCFTA) upon its full implementation, will impact the legal profession in the continent and it is imperative for Government trade negotiators to involve the NBA and the Office of the Attorney-General of the Federation in the AfCFTA negotiations on services. Legal practitioners should study the agreement, and fully understand the opportunities it presents and be well-prepared to take full benefit of AfCFTA.
Government has the responsibility of creating enabling environment for businesses to strive. Nigerian government should therefore promote confidence in the domestic business environment by protecting the sanctity of contracts, streamlining the regulatory environment and effecting fraud deterrent. In the same vein, infrastructure deficit is one of the biggest challenges to development in Nigeria. Currently, Nigeria suffers $23 billion deficit in infrastructure financing on a yearly basis. It is therefore imperative for Government to explore alternative financing structures such as Suku; asset securitisation; land value capture; infrastructural-cum-sovereign bonds and pension assets to plug the vast financing gap, improve public financial management and resolve regulatory and institutional financing.
Tax authorities in Nigeria have begun to implement more aggressive revenue collection techniques largely because of the funding deficit for infrastructural and social projects. This was 13 | P a g e
further compounded by the fall in oil prices in 2014 that caused a sharp fall in government’s major revenue source, thus heightening the desire to grow non-oil revenue and making higher tax compliance become top priority of the tax man. However, recognising the right of the citizens to information on amount of taxes collected and usage thereof, Government is encouraged to imbue the principles of transparency and accountability to the citizens and establish audit processes to show that funds are applied judiciously.
The Judicial Information Technology Policy 2017 contains provisions and directives on the deployment of information technology in judicial service delivery. However, the justice system is still faced by challenges such as power failure, inadequate funding, lack of or refusal to use technological tools like electronic simultaneous recording of proceedings, breaches caused by virus, corruption, ignorance of law on technological devices, conflicting decisions by some judges and cybercrimes, among others. Corruption and inadequate funding have been identified as major constraints to technological change in the justice system. Thus, effective utilization of ICT in justice administration would require complete assemblage and integration of various ICT infrastructure components (hardware, software and skills), and continuous update to track the upgrade of the technology. While the initial reaction of the judiciary to technology was one of ambivalence, studies have shown that of all the three arms of government, the judiciary harboured the greatest number of technophobes. It is therefore, important for the Bar and the Bench to update their ICT skills and knowledge in order to take charge of ICT for justice administration. Given the evolving nature of technology, further research on the legal framework for Digital Evidence Presentation System (DEPS) in courts should be embarked on by the judiciary and legislature.
In view of the pervasiveness of social media communication and the inadequacy of Nigeria’s penal and criminal codes for the administration of justice on issues arising from social media, the Legislature should enact laws that will balance the rights of freedom of speech and the prosecution of crimes engendered by social media.
Nigeria being one the countries with the highest cases of bullying and sexual harassment, the prevalence of bullying and sexual harassment in the legal profession should be specifically addressed in the Rules of Professional Conduct of the legal profession, and the requirement for the signing of a code on bullying and sexual harassment by lawyers should be given serious consideration. The Nigeria Bar Association should review the Rules of Professional Conduct (RPC) for an improved and efficient disciplinary process.
Nigeria is making some efforts under the Sustainable Development Goal 5 gender equality and female empowerment, but it is far below the desired goal. The country’s ministerial appointments in 2019 is 16 percent women compared to 13 percent in 2015. Across the globe, 40 percent of paid workers are women aside agricultural employment. Participation of women in legislation, judiciary and executive arms of government as well as in other paid jobs remain critical in promoting gender equality and women empowerment. The Government is urged to entrench gender equality in the Nigerian Constitution, enact laws that will eliminate gender inequality, strengthen and mandate institutions to implement gender mainstreaming. Gender-based violence is a serious epidemic destroying many communities. Consequently, laws with severe punitive measures for sex offenders should be enacted; sensitization awareness programmes and community dialogue on GBV should be promoted to remove the stigma around GBV. In view of 14 | P a g e
the increased attack on children and minors in various incidences of violence against persons, particularly GBV, the Child’s Right Act 2003 should be reviewed or amended to reflect current trends.
Noting the absence of specialised legislation to regulate the issues of security and protection of human rights in the extractive industry and the importance of the industry to the nation, the Conference recommended that the Government should adopt the Voluntary Principles on Security and Human Rights and develop a legal framework for the effective enforcement of the principles in the extractive industry. This measure will lead to the reduction of conflict in the extractive industry, increase in investment and profit, boost government revenue and improve the welfare of the host communities.
Identifying the poor socio-economic situation in Nigeria as a contributory factor to the increase in kidnapping and terrorism, Government is urged to adopt policies that support socioeconomic empowerment without reference to ethnic, religious or geographical location. In addition, there should be holistic and total enforcement of the Criminal Justice Act 2015, Criminal Justice Laws of some of the States, the anti-kidnapping provisions of the Criminal Code Act and the Kidnapping Laws of some of the States, Terrorism (Prevention) Act and Fundamental Human Rights to reduce the acts of kidnapping and terrorism.
At the end of the NBA AGC 2019, there was a consensus by stakeholders that the future of the legal profession and the regulation of legal practice and practitioners in Nigeria is challenged by a wide range of issues which include but are not limited to: fidelity to the rule of law, gaps in the regulatory framework, obsolescence of several laws governing legal practitioners, narrow career path, falling standards, incursion of other professionals in the supply of legal services, technology lag, legal paradigm shift and knowledge gap. Acknowledging the draft bills produced by the Body of Benchers and Nigerian Bar Association’s Legal Profession Regulation Review Committee in this regard, the NBA committed to urgently set up a committee to harmonise the two draft bills and commence the legislative process for the enactment of necessary laws for improved regulation of legal profession and protection of the future of legal practice in Nigeria. Conclusively, the NBA is expected to have a monitoring and review process to track the implementation of all recommendations aimed at the development of the legal practice in Nigeria and present a progress report at the next Nigerian Bar Association Annual General Conference.
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Chapter 2 Rule of Law
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2.1 Examining Security and Human Right Issues in Nigeria’s Extractive Industry
2.1.1 Objectives
. To establish the need to address security and human challenges and discuss the Voluntary Principle (VP) initiative on Security and Human Rights in the extractive industry. . To highlight how voluntary principles can be adopted and implemented to address the challenges to security and human rights within the extractive industry.
2.1.2 Background
Security and human rights in the extractive industry are a huge threat to Nigeria’s development, as crude oil and its derivatives account for about 90 percent of foreign earnings. Statistics of the Oil Producers Trade Section (OPTS) of the Lagos Chamber of Commerce and Industry indicate that in the last decade and half, deep-water production grew from zero in 2004 to about 700,000 barrels per day (bpd) which is 40 percent of Nigeria’s output and brought in $110 billion in revenues generated for the government between 2001 and 2018. However, there is no specific extant law in Nigeria that addresses security and protection of human rights in this industry and other extractive industries, an oversight that is addressed through voluntary principles.
Voluntary Principles (VP) are an initiative on security and human rights that was established in year 2000 by the government, extractive industries and NGOs. The principles provide a practical guide to companies on how to maintain the safety and security of their operations and also protect the fundamental rights of the extractive communities. Voluntary principles cover three key areas of risk assessment, relationship with public security and interactions with private security.
Political and corporate leadership buy-in is the most critical driver of VP implementation. Commendably, businesses are actively involved in promoting the right to education and health through provision of scholarships and their other activities. Unfortunately, these entities also infringe on human rights in their activities that cause deaths, promote child labour, tax evasion and environmental pollution, among others. The National Human Rights Commission (NHRC) recognises the potential multifaceted benefits derivable from VP implementation, and this is why it is included in the National Action Plan on business and human rights, which is still open to inputs from all stakeholders.
The key challenges facing voluntary principles include the enforcement gap, corruption and collusion, institutional capacity, resource availability, long duration of litigation and political apathy, which have resulted in civil unrest within the host communities. In 2019 alone, the industry has experienced 80 shutdowns, militant activism targeted at industry assets, armed conflict and terrorism. Right now, the most significant human right issue in the oil industry is the activities of illegal and unlicensed participants in the extractive industry. The consequences of these actions are borne by the host community members such as fishermen and farmers whose means of livelihood are adversely affected. Lessons can be learnt from Ghana where systemic challenges of vested interests, land tenure challenges and partisan discourse have been managed successfully by improving the quality of governance and institutions through the application of VP.
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2.1.3 Issues / Challenges
Absence of Specialised Legislation In spite of the contribution and importance of the extractive industry to the nation, there is no legislation that specifically regulates security and protection of human rights in the extractive industry.
Conflicts as a Result of Unfulfilled Promises by Corporates Corporates have failed to implement programmes or pay compensations, blaming it on revenue shortfalls. This has aggravated the host communities and resulted in multiple litigations.
Lack of Awareness of VP Initiatives Presently, the reach of the organizations promoting VP is limited. Stakeholders with bigger platforms need to get involved in soliciting for the adoption of VP in the extractive industries.
Security and Human Rights Problems in the Extractive Industry Security problems occur in the extractive industry when the law enforcement agents violate the fundamental human rights of the host communities or public. This has mostly been traced to inadequate training on engagement with the public and firearms handling, poor remuneration and lack of industry knowledge by the security agents. For instance, the military is yet to fully adopt VP in their training academy, a strategy that will add a new dimension to conflict resolution.
2.1.4 Recommendations
Develop a Legal Framework for Voluntary Principles . Government should adopt the Voluntary Principles on Security and Human Rights . Develop a legal framework for mandatory incorporation of VP in contracts, effective enforcement of the principles in the extractive industry in order to reduce conflict, increase investments and profits, boost government revenue and improve the welfare of the host communities.
Bridge the Enforcement Gap . Give special attention to institutions operating under the VP to ensure all actors are working towards the same goals. Train and retrain stakeholders and create enabling instruments for dispensation of justice by designating specialized courts and judges to handle VP cases.
Create VP Awareness . Engage in continuous awareness and advocacy of the benefits of adopting VP in the legal profession, by regulators and policymakers, and target more corporate social responsibility initiatives at host communities. . Incorporate VP into contracts and company policies and support consultants in extractive industries to adopt and implement VP in their core principles and operations.
Government support . Government should offer public support for the use of VP initiatives in the extractive industry. . Expedite the ongoing initiative by the NHRC, CSOs and other stakeholders for the adoption of the National Action Plan on business and human rights.
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2.1.5 Priorities and Required Action Steps Government-Driven Legal Practice and Other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
Enforcement . Designate specialized courts and . National Judicial . Train and retrain stakeholders. . NBA Gap judges to handle VP cases. Council
Legal . Adopt VP on security and human . Legislature . Liaise with the government to set up the . NBA Framework rights. VP legal framework. . Develop a legal framework for effective enforcement of VP in the extractive industry.
Create . Advocate for regulators and corporates to . NBA Awareness adopt and incorporate VP into their . Lawyers policies and contracts.
Government . Adopt the National Action Plan on . Federal . Liaise with the NHRC to cover blind spots . NBA Support business and human rights. Government in the National Action Plan.
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2.2 News and Views from Across the States: Updates on the Administration of Criminal Justice Act 2015
2.2.1 Objective
. To critically examine the effects of the Administration of Criminal Justice Act 2015 across various States in Nigeria with possible updates from the States that have adopted the Act.
2.2.2 Background
The reforms of the justice system in Nigeria have been long overdue even before the Administration of Criminal Justice Act (ACJA) 2015 was passed at the national level. The Administration of Criminal Justice Law (ACJL) 2011 of Lagos ushered in many reforms in the criminal justice administration in Nigeria. Prior to the enactment of ACJL, there was a lot of contention on the protracted criminal proceedings in courts. By enacting ACJL, Lagos State set the pace and both ACJA and ACJL changed the narrative.
The provision of plea bargain in the ACJL for the purpose of prison decongestion ensured 220 convictions that helped speedy conclusion of several criminal cases. Notably, the provision ensured that many more cases were adjudicated in Lagos State, a feat which would not have been achieved if defendants did not have the option of plea bargain.
Implementing the ACJA at the national level has been a daunting task because of the constant transfer of the Investigating Police Officer (IPO) out of jurisdiction and witness fatigue arising from lack of money to attend court sittings. To address the growing concerns by ACJL, a unit was set up to provide accommodation and logistics for both IPO and witnesses alike.
Lagos State has the record of every defendant in its custody, including particulars of their arrest, nature of offence and the stage of their cases. The provision preventing stay of proceedings allows for the speedy trial of cases and proper implementation of the provisions of ACJL. To clear the uncertainty in the ACJL, the Lagos State Government issued practice directions on May 13, 2019.
The Rivers State experience in adopting the provisions of ACJA was fraught with myriad of challenges. The draft Administration of Criminal Justice Bill of Rivers State was fraught with challenges that included time frame required to produce a good legislation, absence of key stakeholders at the formation stage and poor logistics and publicity regarding legislation to generate proper input. This notwithstanding, there are some commendable provisions in the ACJL (Rivers State). Pre-trial detection regulation is 24 hours as against the 48 hours in ACJA 2015; the ACJA provides that only confessional statement must be made in the presence of any of the suspect’s relative, lawyer or legal aid, whereas ACJL (Rivers) provides for any statement by the suspect to be made in the presence suspect’s relative, lawyer or legal aid. In furtherance of these developments, the State inaugurated a Justice Sector Reform team on 14th May 2019 to sensitise stakeholders and conduct advocacy to the Nigerian Police.
2.2.3 Issues / Challenges Lack of Awareness of the AJCA Following the amendment of the law, some divisions of the Nigerian Police Force are yet to acquaint themselves with its provisions and this has further hampered the enforcement of ACJA 2015. While there are Police officers that are aware of the amendments, enforcing accountability and compliance without a Criminal Registry is almost impossible. Also, a provision in the Act empowers Magistrates to visit Police stations to confirm the release of criminal suspects on bail.
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This has however, proved abortive due to the uncooperative attitude of the police. Moreover, Policemen still arrest citizens for the offence of wandering, which is contrary to the ACJA 2015.
Gender Inequality in Law Enforcement The limited number of female law enforcement personnel is a challenge in the enforcement of the provision of ACJA relating to searches, which mandates that people must be searched by officers of their gender except in exceptional circumstances. Secondly, the phrase ‘exceptional circumstances’ in the ACJA 2015 is not defined and is interpretatively problematic.
High Number of Cases in Court The lengthy period of cases in courts without trial sometimes leads to missing or non-existent case files. Adjournment of rulings by Judges without granting bail applications runs contrary to the provisions in the ACJA 2015. The ACJA 2015 allows for a Judge who has been elevated to complete his pending cases to avoid re-trial.
2.2.4 Recommendations Managing Court Cases . Implementation of electronic system for recording court proceedings. . Media trial of suspects and/or publicity of defendants in the media should be strongly discouraged. . Judges should be more willing to grant bail applications.
Constant dialogue with Police and other Stakeholders . The Nigerian Police and Prison Authorities are important stakeholders in the implementation of ACJA 2015 and should be invited to conferences of this nature where issues relating to the administration of criminal justice are discussed extensively. . In drafting their bills, State Governments should give reasonable timeframes that allow other stakeholders to review the bill and make inputs as necessary in order to have a robust bill that is free of ambiguity.
Amendments to the AJCA and ACJL . Amend both the AJCA and ACJL to allow the freezing of the defendant’s assets prior to the determination of trial. This will forestall the fraudulent transfer of the assets by the Defendant. . In order to have the buy-in of all stakeholders, Subnational governments should welcome inputs and expose draft bills to all relevant stakeholders.
Gender Inequality in Law Enforcement . Recruit more Police officers especially women and attach a female police officer to every team conducting searches at roadblocks and police stations.
Continue reforms in Criminal Administration . Engage prosecutorial police officers to decongest the prisons of suspects incarcerated for long durations without trial. . Must not abolish the practice of training Police Officers to prosecute cases, as such police officers are often willing to go into rural areas that many legal practitioners are unwilling to go. . Establish a Criminal Registry to show the level of compliance of Police Officers with the Administration of Criminal Justice Act 2015. . Create a digital upgraded system to ensure Prison decongestion.
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2.2.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
Lawyers Federal National Court cases . Implement electronic system to record . Stop media trial. Government Human Rights court proceedings Commission
. To create synergy and buy-in, engage Amend AJCA Federal . Invite the Nigerian Police and Prison more stakeholders when drafting NBA and ACJL Government Authorities to conferences of this legislation. nature.
Gender . Recruit more female enforcement Federal . Advocacy NBA inequality officers. Government
. Set up criminal registry. . Advocate for the set-up of criminal Federal Reforms . Engage police prosecutors. registry and the digitalisation of prison NBA Government . Digitalise prison administration to drive administration transformation
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2.3 Environmental Justice and the Ecological Crisis in Nigeria: A Rule of Law Approach
2.3.1 Objectives
. To examine environmental justice and the ecological crisis in Nigeria in context of the Rule of Law. . To interrogate the key issues in environmental justice in relation to the practice of law to drive government policies.
2.3.2 Background
Ecological crisis in Nigeria is evident in the deforestation, depletion of natural resources, climate change and oil spillage which result in insecurity and conflicts. The Human Rights Approach to Environmental Protection (HREAP) aims to maintain or restore the qualities of the biotic components by preventing the emission of pollutants or reducing polluting substances in the environmental media of air, water, land, and wildlife. On the other hand, the Rule of Law approach and the Fundamental Right Enforcement Procedure (FREP) Rules 2009 describe it as the simple and affordable process to enforce fundamental rights. The HREAP mechanism in Nigeria is protected in two provisions of Article 24 African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 1983 and Order II Rule 1 of the Fundamental Rights (Enforcement Procedure) (FREP) Rules 2009.
There has been wide-ranging debate on whether environmental justice is justiciable, acknowledging that it was developed to prevent people from becoming victims of industrial pollution. Subsequently, this paradigm was applied to a wide spectrum of serious social concerns especially those related to communities that suffer from social inequity attributed to environmental inequalities. Thus, the real challenge in seeking environmental justice in the era of ecological crisis is the interpretation of the scope and application of the principle of equality in environmental justice where such interpretation can give rise to societal conflicts.
While the Rule of law is the supremacy of the law and environmental rule of law is the right to clean, safe and healthy environment, the Fundamental Rights in Chapter 4 of the Nigerian Constitution does not make reference to the ‘environment’ and as such it is almost impossible to treat environmental justice as a fundamental right to life. In order to ensure environmental justice in court, lawyers have been innovative (using the propulsive approach) that if the environment is unsafe, it can deny the fundamental right to life.
To this end, the Nigerian judiciary and legal practitioners must play a crucial role in ensuring the protection of the environment, and the realignment of environmental justice and protection of human rights in resolving Nigeria’s ecological crisis.
2.3.3 Issues / Challenges Misappropriation of Legislative Power to the Federal Government on Environmental Matters Section 2 of the 1999 Constitution grants exclusive power to the Federal Government through the National Assembly to legislate on matters in the exclusive legislative list, including the environment. The decision of the Supreme Court granting the Federal Government exclusive power to legislate on environmental matters has voided the State Governments’ legislative power pursuant to Section 20 of the 1999 Constitution in enacting laws that will guide the protection and improvement of the environment.
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Manufacturer’s drive to make immense profit resulting in environmental injustice The growing rate of capitalism and industrialisation has driven manufacturing companies as profit- seeking ventures, without consideration of the impact of their activities on the environment. For example, the production of plastic bottles and other plastics by manufacturers contributes largely to the environmental crisis. These companies, however, do not make provision for recycling of these items to reduce harm to the environment.
Unfair Access to Environmental Justice Ecological crisis is not suffered equally by everyone in the society, as there exists an unfair access to human right and environmental justice. In relation to locus standi in environmental claims, a lot of claimants have lost cases because they failed to proof or demonstrate that they have suffered losses in their neighbourhoods or communities. As a result, Environmental Impact Assessment (EIA) is subject to abuse because host-communities are not legally required to participate actively in evaluating the likely environmental impacts. With reference to class action for litigation, it is paradoxical to carry out a class action as most communities and individuals cannot easily access and afford environmental justice.
2.3.4 Recommendations Government and Constitutional Reform . All tiers of government, especially the States and Local Governments, should be involved in driving environmental protection through legislations. . NBA should sponsor a bill for amendment to move environmental law to the class of fundamental rights laws. . Engagement with Non-Governmental Organisations (NGO) in effective environmental protection. . The Federal Ministry of Environment should take measures to prevent pollutions and protect the external surroundings of people to ensure they live in safe and secure atmosphere free from any danger. In addition, they should implement appropriate monitoring mechanisms and provide information to host communities that are exposed to environmental crises.
Environmental Justice Paradigm . The implementation of an environmental justice paradigm will allow even allocation of environmental risk and industrial production, and make culprits demonstrate accountability.
. The regulations should protect the climate system for the benefit of the present and future generations of humankind on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities. Accordingly, industrialists should take the lead in combating ecological crisis and promoting environmental justice.
Capacity Building . Nigerian judiciary and legal practitioners should advocate for the protection of Nigeria’s environment. There is a need to educate, orientate the Nigerian legal practitioners and the civil society organisations on the existence of Fundamental Right Enforcement Procedure (FREP) Rule 2009.
Others
There is an urgent need for a system change as a catalyst for climate change, considering the fact that a change in operation will have ripple effects and impact upon the climate and cause less environmental crisis.
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2.3.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. All tiers of government, especially . NBA should sponsor a bill for the States and Local Governments, amendment to move environmental law Constitutional NBA should be involved in driving Legislature to the class of fundamental rights laws. reform NGOs environmental protection through . Engagement with Non-Governmental legislation. Organisations (NGO) for effective environmental protection.
Environmental . Create measures to prevent Federal Ministry monitoring pollution and protect the external of Environment surroundings.
Environmental and . Advocate for the protection of the ecological climate system for the benefit of the Industrialists protection present and future generations of humankind.
. Organise training programmes for . Educate and orientate Nigerian legal Civil Society Organisations on the Federal Ministry Capacity Building practitioners on the existence of NBA existence of Fundamental Right of Environment Fundamental Right Enforcement Enforcement Procedure (FREP) Procedure (FREP) Rule 2009 Rule 2009.
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2.4 The Rule of Law Symposium
2.4.1 Session Objectives
. To conduct factual appraisal of the state of the rule of law in Nigeria. . To interrogate the challenges and climate that inhibit rule of law in Nigeria. . To advocate for a guarantee of the independence of the legal profession. . To encourage a climate where the judiciary can act independently without fear of security of tenure or consideration for the preference of the executive arm of government. . To assure a guarantee of access to justice for all with confidence in the fairness of the judiciary. . To evolve a policy statement and roadmap for institutionalizing separation of powers and rule of law in Nigeria.
2.4.2 Background
The rule of law is the fundamental principle that underpins freedom of speech, independence of the judiciary, independence of the bar, separation of powers, free press, free and fair elections, presumption of innocence until conviction, access to justice, and speedy dispensation of trial, among others. The principle expresses equality before the law and it is on this premise that the common citizen expects equal treatment and access to equal opportunities. Democracy as good as it sounds, sometimes does not necessarily mean it is the rule of law. The rule of law, therefore, should not be taken for granted.
Global discourse and research findings have affirmed that the rule of law is one of the key drivers of economic prosperity. Where there are clearly defined rules that are enforced and adhered to, businesses flourish.
Dispensation of justice in Nigeria sometimes undermines the efficacy of the rule of law, stalling economic growth and development, eroding public confidence and widening the inequality gap. The Nigerian judicial system is characterised with pseudo independence with respect to financial status of the Judiciary, which is largely controlled by the Executive, especially at the State level. Judicial independence is non-negotiable in the administration of justice because the Judiciary is the gatekeeper of the rule of law and without independent judges, the rule of law becomes a charade. The formulation and administration of the rule of law should be decided by independent judges, and the administration of justice and adjudication of cases must be expeditious. For instance, Finland has effectively implemented the rule of law to the degree of administering justice and delivering judgments and rulings in civil and criminal matters within a year’s timeframe in respect of each such matters.
Despite global advocacy, the rule of law is threatened in various places such as Mexico, Brazil, Venezuela, Poland, Hungary, USA and many African and Asian countries. The focus of the Nigerian Bar Association should be to protect and promote the rule of law. Members of the Bar and the Bench must be absolutely committed to the rule of law and live their lives accordingly. Indeed, a society that takes care of the rule of law, will in turn be taken care of by rule of law.
Recognising the perspective of persons living with disabilities, the rule of law is measured by the extent to which citizens in this category have access to justice and equality before the law. It is quite commendable that the Nigerian government has enacted legislation on disability, notable among which is the recent signing into law the Discrimination Against Persons with Disability (Prohibition) Act, 2018 by the President of the Federal Republic of Nigeria, while the Lagos State government is also addressing disability issues. Nonetheless, there is need for enforcement of the law across the
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nation. In furtherance of administration of justice, the prosecution process is expected to be fair and independent and to uphold fundamental human rights.
Abusing prosecutorial powers is not also the rule of law, as highlighted in the case between Rees V Commissioner of Police of the Metropolis, Court of Appeal (Civil Division) 2018 EWCA Civ 1587. The right of fair trial should be upheld in order to protect and preserve the rule of law, and this also includes the presumption of innocence until proven guilty.
The Judiciary must be seen to be independent in line with the law, as their decisions should not be biased or influenced by any person(s). Some factors that can help in preserving the independence of the Judiciary include financial autonomy, prompt payment of salaries and pensions of judicial officers, due process to be followed in the removal of Judges, and also Judges being enemy of corruption at all times. There should also be separation of power among the three arms of government - the Legislature, Judiciary and Executives.
The rule of law, therefore, should constantly be a resistance against targeting someone or a group by making laws to punish an action that took place when the law was not in existence, especially in Africa. National interest is not greater than the rule of law; rather, the rule of law is in the National interest, and when the rule of law is well taken care of now, it will surely take care of us all.
2.4.3 Issues/ Challenges
Lack of Understanding of the Concept of the Rule of Law Having a clear understanding of the principles that govern the rule of law is sine qua non to the administration of justice. It has been observed that some of the advocates of the rule of law, including the civil society groups and lawyers, do not have comprehensive understanding of this crucial concept that is germane to their mandate. Knowledge gap in respect of the rule of law often culminates in violation of fundamental human rights and promotes injustice.
Unequal Access to Justice/ Institutional Barriers to Persons living with Disabilities Many persons living with disabilities find it challenging to access justice and interact with the judicial system. Nigeria has a yawning gap in the rule of law concerning the disabled (80% of them are in the rural areas) and do not have equal access to justice. Close examination of the justice institutions or framework reveals that there are institutional/infrastructural barriers as there are no provisions, even in the Nigerian law court, to understand the peculiarities of and issues relating to people living with disabilities and how they can access justice. Law enforcement agents such as the police, lack adequate knowledge on the application of the rule of law in their interface with the physically challenged. There is dearth of experts in the judicial system that interface and deal with issues relating to people living with disability.
Paradox between Law and Impunity Despite the passage of several laws that uphold fundamental human rights of Nigerian citizens, it is disheartening to observe a high level of impunity in the country. This is not only evident in the society generally but especially among the law enforcement agents, public service and political office holders. Many violators of human rights are not brought to justice and this establishes the denial of victims’ right to justice and redress.
Slow Grinding of the Judicial Process Unlike Finland that deals with criminal justice within a 12-month timeframe, the judicial process in Nigeria takes several years and delays the dispensation of justice. The Nigerian judicial system is characterised by complex challenges that elongate the judicial process, which may consequently
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lead to justice denial. The current judicial process is inherently ineffective in expediting judgments on cases, resulting in many cases lingering for several years in the courts.
Corruption War and Rule of Law Corruption remains one of the major challenges in Nigeria, as it benefits a privileged few at the expense of the majority. The fight against corruption should be in accordance with the rule of law. Cases of judicial corruption should be fought without degrading the institution. Acknowledging that Nigerian Constitution is founded on the rule of law, governance should be subject to the rule of law. Judiciary in Nigeria has been under siege for a while, such that even the educated elites in the country accept any technique used by the law enforcement agents some of which discountenance and have no regard for the rule of law. Presumption of innocence is one of the core principles of the rule of law that should not be discarded in the corruption war.
Prosecution and the Rule of Law Acknowledging the significant role of the prosecutor in upholding the rule of law in the discharge of duty, they are expected to act fairly in line with the rule of law. Prosecutors should be independent and uphold human rights. Nigerian law enforcement agents need to be wary and hesitant in charging persons to court without satisfactory evidence. Manufacturing evidence to convict persons by all means is absolute disregard to the rule of law and constitutes the height of injustice and corruption.
Challenge of Financial Autonomy and Rule of Law The independence of the judiciary in the Nigerian legal system is beyond the letters of the law. Ideally, institutional autonomy as a component of judicial independence necessitates freedom of the Judiciary from the Executive and the Legislature in true observance of the separation of powers, which is a strong pillar of the rule of law. Although, Sections 81(3) and 121(3) of the 1999 Constitution provide constitutional guarantees for financial autonomy of the Judiciary, these provisions are still observed in breach. This makes the Judiciary subject to the Executive for funding and invariably contradicts the constitutional provisions of judicial independence thereby adversely affecting the administration of justice, court system and legal services delivery. There is a consensus that the delay in payments of Judges’ salaries and allowances hinders their objectivity and makes them vulnerable to illegal financial incentives and ultimately affects their productivity in justice delivery.
Judicial Independence and Corruption Corruption has been identified by the Supreme Court as a major diffuser that affects the society in general and the Nigerian judicial system as well. In a judicial system that is characterised with corrupt practices, high degree of injustice tends to prevail. If judicial independence has to be ensured, judges must observe rectitude in their acts and character.
Disobedience to Court Order There have been growing concerns in the disobedience of court orders by the Executive arm of government on the premise of national interest. Constitutionally, the courts are the only institution that have the power to make pronouncement that is binding on everyone. Disregard of court orders can result in unanticipated consequences capable of constituting a threat to national security.
2.4.4 Recommendations
Awareness and Advocacy . NBA has a principal role to play in creating awareness and advocacy for the rule of law in the country through different platforms with the aid of information technology, just as the International Bar Association is playing a leading role in this direction. This can be in collaboration with civil 28 | P a g e
society organizations. . Rule of law should be respected by all citizens and the government has a duty to protect, safeguard and advance the Rule of Law at all times.
Independence of the judiciary and reforming the judicial process . Judicial officers should be protected against any form of threat. Separation of powers which enhances checks and balances should be promoted among the arms of government. This will enhance fair dispensation of justice. . The financial autonomy of the judiciary should be fully implemented by all levels of government. . Appointment of judges should be done by recommendation and not by application. . The judicial process in Nigeria is due for a reform with the aim of enhancing quick dispensation of justice and promoting the rule of law.
Overhaul prosecution Process . Government should restructure the prosecution process to ensure that prosecutors are independent and fair in the discharge of their duties in conformity with the rule of law. . Training should be provided for law enforcement agents on applicability of the rule of law in discharging their duties.
Access to justice by people living with disability . In building capacity, sign language interpreters should be trained for engagement by the courts and other organizations in the justice system. This would give people living with communication disability access to justice. . Organisations should develop and implement disability employment policy. . NBA should work with civil society organisations to provide appropriate measures that will ensure that people living with disability have access to justice. Class action on pro-bono basis should be encouraged for the physically challenged by the NBA. . Administration of justice and judicial processes should be restructured to enhance access to justice. NBA should champion provision of necessary facilities to aid access to justice by people with disability.
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2.4.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Initiate awareness campaign in collaboration with civil Awareness and society organizations to Advocacy educate citizens on the NBA Campaign on Rule principles of rule of law. of Law . Advocate for respect for rule of law by all citizens including law enforcement agencies.
. Guarantee the security of office of judicial officers. Be the voice of the judiciary . Promote financial autonomy. Independence of Executive/Judiciary . Appoint judges and justices Advocate and monitor NBA the Judiciary and Legislature based on recommendation compliance with the Rule of characterised with merit, Law competence and integrity. . Reform the judicial process.
Accessibility to . Enforce the Disability Act. . Offer pro-bono services to NBA Federal/State justice by people . Build capacity. people living in disability to Governments; Law living with disability . Restructure administration of gain access to justice. enforcement agents justice to ensure their access to . Design employment policy Corporate entities justice. book for disabilities.
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Ministry of Justice / Reform the Judicial . Review the judicial process for Chief Justice of Advocate for such reforms NBA Process dispensation of justice. Nigeria
. Separate the office of the Overhaul the prosecutor from the judicial prosecution function. Federal Government Continue on the advocacy NBA process . Train law enforcement agents on the import of rule of law in the discharge of their duties.
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2.5 Judicial Protection of Economic, Social and Cultural Rights
2.5.1 Objectives
. To interrogate the legal framework of the Economic, Social and Cultural Rights (ESCR) of an individual. . To review the contemporary issues in the application of ESCR for development. . To chart a way forward for the effective implementation and application of SECR.
2.5.2 Background
There is growing global discourse and controversy on the concept and implementation of the Economic, Social and Cultural Rights (ESCR), which dates back to 1948 with the adoption of the Universal Declaration of Human Rights (UDHR). It is one of the important human right legal instruments much like the Civil and Political Rights and covers the right to education, adequate housing, adequate food, water, sanitation, healthy cultural life, social security and a healthy environment. The main treaty on ESCR is the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. For these rights to be monitored, a state reporting system is required. The committee on Economic, Social and Cultural Rights as a body within the United Nations, is responsible for receiving the States’ report and guides the States in the implementation of the ICESCR.
The African Charter on Human and Peoples Rights is the only treaty ratified by all African States. Section 1 of the African Charter on Human and People Rights (Ratification and Enforcement) Act highlights the provisions of the Charter that have the force of law in Nigeria, and gives full effect and recognition to these rights, and mandates its application by all authorities in the legislative, executive and judiciary. The Charter makes no distinction between the implementation of the Civil and Political Rights and the Economic, Social and Cultural Rights; it also mandates State reporting and requires that information be shared on the implementation and fulfilment of the rights in their countries.
Nigeria has the obligation to respect, protect and fulfil individual rights under the International and Regional Human Rights framework. Nigeria has an immediate obligation not to interfere with the exercise of individual rights, to adopt legislative and administrative measures toward the realisation of rights for all and to ensure adequate facilities for citizens to enjoy their rights.
2.5.3 Issues/Challenges
Unratified Treaty by the Nigerian government Currently, Nigeria has ratified the ICESCR and is up-to-date on its reporting but she is yet to ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which gives individuals or groups of individuals the right to report violations of the above mentioned rights to the Committee.
Division between Civil and Political Rights and the Economic, Social and Cultural Rights Operative Language ICCPR treaty on Civil and Political Rights when compared with ICESCR indicates a contrast in the operative language. Article 2 of the ICCPR recognises the obligation of the States to respect and ensure effective remedies which can be determined by a competent judiciary or legislative authority. The Article also enhances the development of judicial remedies. When juxtaposed with Article 2 of
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ICESCR, States are obligated to take individual steps with the assistance of international cooperation towards progressive realisation of individual rights through legislative measures.
Unfair Interpretation of Violated Rights due to the Disparity in the Nigerian Constitution The interpretation of Section 6(6)(c) renders Chapter 2 of the 1999 Constitution non-justiciable. However, the Optional Protocol and the domestication of the African Charter on Human and People’s Rights has debunked the non-justiceability of Chapter 2. This grey area has given unfair interpretation to cases of ESCR violation when presented by legal practitioners in the courtroom.
Existing Violation of ESCR in Nigeria Recognising the fundamental right of an individual to have access to basic economic, social and cultural rights, the Nigerian government has failed to provide basic amenities to cater for these rights. There is violation of the ESCR rights in Nigeria because of unequal access to adequate means of livelihood without discrimination or tribalism, inadequate opportunity for youths to secure employment, the growing unjust condition of work for the disabled and people of special needs, inadequate facilities for socio, religious and cultural leisure, and inadequate medical and healthcare facilities.
Lack of Specific Laws on ESCR While there are existing laws such as the Child Rights Act, Nigeria Copyright Act, among others, there are other fundamental areas of ESCR that are not backed by any law. For instance, the right to a safe environment; there is also no law to enforce best alternative technology adoption by oil companies in spite of the environmental pollution and gas flaring degradations caused by their operations. It should be noted that Nigerian judges have contributed favourably to the expansive interpretation of the laws in an environmentally friendly manner.
Also overlooked are cultural rights that include traditional cultural expressions which should be legally protected as codified in Part 2 of the Nigerian Copyrights Act on folklore. It is important to, as much as possible, focus on the enforcement of the prohibition of the reproduction or duplication of traditional cultural expressions without the consent of the Nigerian Copyrights Commission (NCC) as provided in Section 31 of the Nigerian Copyrights Act.
2.5.4 Recommendations Constitutional Amendment . The Nigerian Constitution should be amended in conformity with international law for effective implementation of Economic, Social and Cultural laws across all tiers of government. . Amend the provision of Chapter 2 of the 1999 Constitution to expunge the word ‘not’ so that these rights can be justiciable by legislation. Also, “as and when practicable” should be deleted from Section 18(3) of the 1999 Constitution so that State and Federal Governments can be duty bound to provide free education up to tertiary level. . The National Assembly should enact specific laws on the ESCR rights to make them enforceable in the court when violated. To this end, lawyers should engage in policy dialogue with the National Assembly to enact specific laws that will cover some of the economic, social and cultural rights. . Ratify the optional protocol of the ICESCR treaty to ensure the Committee receives direct report from individuals and groups that wish to lodge complaints on cultural and human rights.
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Enforcement of ESCR Law . The ESCR rights have been constitutionalised and duly enforced by the judiciary in many African countries. Nigeria should move from desirability to ensuring the ESCR laws are enforced in the courts in order to have the full benefits of civil and political rights. . NBA should actively advocate for the deletion or amendment of section 6(6)(c) of the 1999 Constitution to enhance the judicial protection of the ESCR rights of all citizens. . With the overriding obligation to protect, prevent, investigate and punish, States should carry out accurate due diligence in their implementation of human rights to ensure non-repetition. . The courts should deepen their progressive attitude to public interest litigation.
Budget Allocation for ESCR . Government should mainstream the implementation of the ECSR in its governance process and formulate practical policies that can be enforced. Budget allocation should be directed towards realising the economic, social and cultural rights of Nigerians.
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2.5.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Amend the Nigerian constitution to conform with international law. . Amend the provision of Chapter 2 of the 1999 Constitution by expunging the word ‘not’ so that these rights can be . Engage in policy dialogue with the justiciable by legislation. National Assembly to enact specific . Expunge “as and when practicable” from laws that will cover some of the Section 18(3) of the 1999 Constitution economic, social and cultural rights. Legislative / Constitutional so that State and Federal Governments NBA / Legal National . Advocate for the removal or amendment can be duty bound to provide free Practitioners Assembly amendment of Section 6(6)(c) of the education up till tertiary level. 1999 Constitution to enhance the . Enact specific laws on the ESCR rights judicial protection of the ESCR rights so as make these enforceable in the of all citizens. courts when violated. . Ratify the optional protocol of the ICESCR treaty to ensure the Committee receives direct report from individuals and groups that wish to lodge complaints on cultural and human rights.
. Mainstream the implementation of the States’ Houses Budget Allocation ECSR in the governance process and of Assembly formulate enforceable practical policies.
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2.6 Operations by Security Agents and Human Rights of Citizens
2.6.1 Objective
. To examine the rules of engagement of security agents vis-à-vis the human rights of citizens in Nigeria
2.6.2 Background
The safety, peace and security of life and properties of the citizens of a nation correlates directly to the growth and development of that country. As such, a forward-looking nation places security as their topmost priority in governance plans for the continued existence of the country. Insecurity of lives and property has continued to stymie development in Nigeria, despite the fact that there are several government security agencies and initiatives that are established to tackle crime, criminality, threat to the safety of citizens and enforce law and order.
Security agencies are products of law and their mandates are in tandem with their roles in the different laws to promote, protect and fulfil human rights. Consequently, their rules of engagement should align with domestic and international law enforcement standards and they should commit to rules of engagement that promote the rule of law and engender trust and confidence of the people.
Nigeria is currently experiencing an increase in human rights violations by security agents. According to the July 2019 report on the Universal Periodic Review of Nigeria (3rd cycle), there are heightened concerns about the violation of human rights by security agencies in their engagement with citizens which is evidenced by arbitrary arrests, excessive use of pre-trial detention, excessive use of force, extra-judicial killings, abuse of the rights of the poor, needy, women, children and other vulnerable citizens, etc. The report has recommendations that include the adoption of legislation that regulates the functioning of Nigeria’s security agencies by limiting their powers, establishing oversight mechanisms consistent with international human rights standards and safeguarding the right to privacy, and the removal of all provisions that criminalize petty offences from both Federal and State laws.
Towards a holistic solution, the African Commission is pushing for the decriminalization and declassification of petty offences across African countries, noting that laws that criminalize activities of persons must comply with the rule of law, satisfy regional and international human rights standards, including the principles of equality before the law and non-discrimination, among others. Notably, five States (Abia, Enugu, Kano, Lagos and the FCT) are already implementing the decriminalising of petty offences project led by PRAWA.
To this end, there should be no limitation on the right of freedom of any citizen so as to foster democracy in its most genuine form. Citizens can and ought to have freedom of movement and discourse, unafraid of attack from security powers in a state. The onus therefore, lies on the government to hold security agencies and individual agencies accountable for effective and efficient delivery of crime control, maintenance of order and unbiased engagement with the citizens within the confines of the law and human rights. The NBA is well positioned to advocate this agenda.
2.6.3 Issues / Challenges Ineffective Communication among Security Agents There are communication gaps among security agencies and particularly the officers and men of the Nigeria Police who execute orders from their superior officers without full understanding of the position of the law on the rights of the citizen when executing such orders. Unfortunately, the consequences of acting outside the confines of the law is solely borne by the subordinate, if at all. The Army encourages subordinates to seek clarification from their superiors to pre-empt this 36 | P a g e
scenario; this should be replicated across other security agencies to resolve ineffective communication.
Lack of effective Training for Security Agents on the Rules of Engagement with Citizens Security agencies “have been given the mandate to enforce the laws, fight different forms of crime and prosecute defaulters’’. However, most of the security agents do not demonstrate the requisite knowledge and skills for control of illegal drugs, intelligence gathering, handling anti-smuggling exercises within the borders of the country, among others.
Ignorance of Human Rights Laws by Citizens Nigeria has several international, regional and national instruments that should provide guidance to the State security agents on the engagement with citizens. These instruments are designed to empower citizens and effectively call to order offensive security agents. The instruments include United Nations Convention Against Torture (UNCAT), International Covenant on Economic and Socio -Cultural Rights (ICESCR), International Covenant on Civil and Political Rights (ICCPR), Convention on the Rights of the Child (CRC) and its 1st and 2nd Optional Protocols (on children in armed conflict and Human trafficking and sexual exploitation of children - Nigeria is yet to ratify the optional protocol on communications), Anti-Torture Act of 2017, Nigerian Correctional Service Act (2019), Minor Offences (Miscellaneous Provisions) Act Cap M16 Laws of the Federation of Nigeria 2004 . Unfortunately, the average Nigerian is oblivious of his/her rights under the Nigeria human rights law and cannot expressly articulate the interpretation of these rights to offensive security agents. This allows repeated violation of rights by security agents and in most cases, these violations go unreported.
Citizens’ Distrust of Security Operatives Public confidence plays a crucial role in accelerating the operations of security agencies and effective collaboration from citizens. When citizens have faith in and trust security agents, there is an enabling environment where information is freely provided by citizens and support given during investigation. The military is implementing a toll-free hotline number 193 that citizens can call for help whenever there is extortion or exploitation by military men, and this is recommended for other security agencies. This distrust can be reversed over time if security agents adhere to a code of professional conduct and demonstrate professionalism and integrity in their conduct.
Security Agents’ Engagement with Petty Offenders Insignificant offenses have been characterized in the African Charter on Human and People’s Rights Principles for the Decriminalization and Declassification of Petty Offences as ‘Minor offences for which the punishment is prescribed by law to carry a warning, community service, a low value fine or short term of imprisonment, often for failure to pay the fine’. Articles 2, 3 and 18 of the African Charter on the right to equality and non-discrimination is contradictory to petty offences on the principle of equality before the law. The resulting impact is gruelling, isolating, scheming and undermining the self-esteem of persons on the basis of their status.
The laws that highlight petty offences that are used as instruments by corrupt security agents to target lower class citizens should be amended or repealed. Most of these laws came about during the colonial period targeting poor people, prostitutes, debtors, loiterers, etc. Although Nigeria has taken steps to abolish petty offences such as wandering in Section 1 of the Minor Offences (Miscellaneous Provisions) Act Cap M16 Laws of the Federation of Nigeria 2004. Nigeria’s statutes still harbour provisions on petty offences. For example, Chapter 24 of the Criminal Code Act Cap C38 Laws of the Federation of Nigeria 2004 contains provisions against “idle and disorderly persons” and “rogues and vagabonds.” 37 | P a g e
2.6.4 Recommendations Improve Conduct of Security Agents . Punitive measures and strict sanctions should be put in place and implemented across all security agencies to erring security officials that breach human rights laws and rules of engagement with citizens. . Adopt legislation that regulates the operations of Nigeria’s security agencies by limiting their powers within the ambit of human right principles, establishing oversight mechanisms consistent with international human rights standards and safeguarding the right to privacy. . Intensify efforts to eradicate impunity by strengthening accountability and the rule of law, particularly through monitoring, investigating and reporting on human rights abuses, and ensuring that all alleged perpetrators, in particular those affiliated with the official security forces, are brought to justice.
Constitutional Amendment . Pragmatic measures should be taken to remove all provisions that criminalize petty offences from both Federal and State laws. . The Constitution and Force Order 237 of the Police should be amended, and the enforcement of the Anti-Torture Act should be applied at the national level.
Train Security Agents and the Public . Security agencies should be well trained on human rights and should engage with the citizens they protect, and any breach of engagement and indiscipline should be punished.
Improve Welfare . Security officers should be treated in humane ways and given adequate remuneration, such as is practised in other jurisdictions, to discourage arbitrary actions. . Intensify efforts to improve the well-being and overall security of all citizens, especially the most vulnerable groups.
Human Rights Awareness . Deepen awareness of human rights, especially within the government forces involved in counter- insurgency operations, to avoid excessive use of force, extrajudicial killings and ill-treatment. . Implement safeguards against human rights violations by the security forces and ensure that the perpetrators of violence, both State and non-State actors, are brought to justice. . Legislation and written policies governing the Police and every other security agency should be clear, precise and also accessible to the public. . The awareness of fundamental human rights through civic education should begin at the primary and secondary school levels.
Leverage Information Technology . Hotline numbers already implemented by the Army should be replicated by other security and law enforcement agencies.
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2.6.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Implement punitive measures and strict sanctions across all security agencies to erring security officials that breach human rights laws and rules of Highlight these breaches engagement with citizens. and advocate for punishment. NBA and civil Conduct of Security . Adopt legislation that regulates . Federal Government rights Agents the functioning of Nigeria’s Drive production of organizations security agencies by limiting relevant bills and their powers, establishing legislative advocacy oversight mechanisms consistent with international human rights standards and safeguarding the right to privacy.
. Amend or repeal all provisions that criminalize petty offences from both Federal and State Constitutional amendment . National Assembly NBA and civil laws. . Federal Ministry of Advocacy rights . Amend the Constitution and Justice organizations
Force Order 237 of the Police and ensure that the Anti-Torture Act is applied at the national level. 39 | P a g e
. Deepen awareness of human rights, especially within the security agencies involved in counter-insurgency operations, to avoid excessive use of force, extrajudicial killings and ill- . Sensitization of the treatment. general public on their . Implement safeguards against human rights. human rights violations by the . Organize orientation . Federal Ministry of . Nigeria Law security forces and ensure that events for the public as a Information / National Schools the perpetrators of violence, both form of CSR. Awareness Orientation Agency . Faculties of . Create awareness of State and non-State actors, are . Federal Ministry of Law of fundamental human brought to justice. Education Universities rights through civic . Ensure that legislation and written . Security Agencies . NBA education at the primary policies governing the Police and and secondary school other security agencies are clear, levels. precise, and also accessible to the public. . Hotline numbers already implemented by the Army should be replicated across other security agencies.
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2.7 Mining Law: Emerging Issues
2.7.1 Objectives
. Explain the emerging challenges in the mining law and clarify the paradoxical interpretation of Section 100 of Mining Act 2007 vis-à-vis the Nigerian Constitution. . Develop a current, appropriate framework and policies that will support the long-term development of the sector, inclusive of the artisanal and small-scale miners (ASM).
2.7.2 Introduction
The commercial production of oil over time led to the stagnation of the mining sector until Nigeria started experiencing structural imbalance in the economy due to fluctuations in international oil price. The quest for diversification of the Nigerian economy led to a revisit of the mining sector. Nigeria is richly endowed with several solid minerals deposits in commercial quantities, but most of them are yet to be exploited despite the fact that Nigeria has a fair advantage in widening its mineral networks and the mining sector can be a viable alternative source of foreign exchange. This calls for reforms of policies and legal framework of the sector.
The Nigerian Minerals and Mining Act 2007 was enacted “for the purpose of regulating the exploration and exploitation of solid materials in Nigeria”. The Act places control of minerals and land on the Federal and State governments respectively, prohibiting unauthorised exploration or exploitation of mineral resources. Local and foreign investors in the Nigerian mining sector have to fulfil the conditions precedent and requirements to obtain approval from the Nigerian Mining Cadastral Office (NMCO) as well as a mining title before going into full operation. In order to protect the host communities of areas covered by mining leases, community agreements among other environmental obligations have to be negotiated and agreed upon. The community development agreement is the mechanism set by the Act to ensure that the host community benefits from the activities of the mining company operating in the environment. The agreement is signed between the communities and holders of the mineral titles prior to the commencement of any operation as required by the law.
The mining sector is a diverse and important sector that relies mostly on unskilled workforce using rudimentary tools and techniques. Though dominated mostly by large scale miners, artisanal small- scale miners (ASM) play a vital role in the activities in the sector. For instance, in the global market, 20% of the global gold supply and 80% of the sapphire production are attributed to the ASM. Irrespective of their contribution, much attention has not been given to them which results in poor compensation for their efforts. Therefore, there is an urgent need to create bankable data to attract adequate investments to the sector.
2.7.3 Issues / Challenges Dearth of Bankable Data Data and information are prerequisite for investment decisions. Investment in the mining sector requires access to geological information that provides bankable data. This is lacking in Nigeria and limits the attraction of investors to the sector. Contention between Federal and State Governments over the Control of Mineral Resources and Land where these minerals are found The Constitution vests the control of mineral resources in the Federal Government, and control of the land where the minerals deposits are located in the State Governments. This ownership contradiction between land and mineral resources will continue to deter major investors in the sector and also leave unresolved the contention between these two tiers of government. Foreign
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investors who have obtained their mineral titles will also experience delays in accessing the mine and ultimately lead to underdevelopment of the sector.
Controversial effect of Section 100 of the Mining Act 2007 There is a simmering controversy over the provisions of Section 100 of the Mining Act 2007 which appears to make the application for mining license subject to land consent from private landowners or occupiers; the section appears to require the consent of the private landowners or occupiers before an application for mineral title can be made to the NMCO. This creates potential delay for applicants and is inconsistent with the ownership rights of the State and Federal governments over the land and minerals respectively as stipulated by the Constitution.
Poor financing of Artisanal Small-scale Miners (ASM) The involvement of ASM in the mining sector is projected to rise with the poverty level. In Africa, 20% of its population are directly involved in ASM which accounts for most of the rare-earth minerals but have not been adequately financed. Because ASM activities are mostly informal in nature, they are funded through the shadow financing system, which undercuts the miners and pays them below the prevailing international market value for their minerals.
Breach of Community Consent The provision of the Mining Act 2007 requires a community development agreement to enable the host community benefit directly from an investment project or mining activities. Despite this provision, there is continuing breach in consent of the host communities for the use of their land.
Challenges associated with Mining Administration NMCO is the agency responsible for the administration of mineral titles. The major challenges identified by NMCO are: inadequate exploration/geo-science nature, activities of illegal miners, conflict between land owners and potential investors, inability to access major mining companies, high cost of purchase of mining equipment, and ineffective synergy between government agencies (Ministers, ministry, State Government, departmental and regulatory agencies, etc.).
2.7.4 Recommendations
Develop reliable Bankable Data
. NMCO (supported by other relevant government institutions) should make bankable data available to all stakeholders and investors.
Amendment of Section 100 of the Mining Act 2007 . Amend Section 100 of the Mining Act 2007 to remove the contentious issue of seeking and obtaining the consent of private landowners before application can be made to NMCO for mining title, which will align the Mining Act as amended with the Nigerian Constitution.
NMCO Administration . The NMCO should be empowered to address the problems of inadequate exploration/geo- science nature, illegal mining activities, conflict between landowners and potential investors, inability to attract major mining companies, community agreement, high cost of mining equipment and synergy between government agencies and institutions.
Support and finance for the Artisanal Small-scale Miners . Replicate and formalize the shadow financing system by registering ASM as an association to give them access to title from the NMCO, access to finance through micro-lending, access to equipment and information in the formal market, social protection education and healthcare, and enable them to set up alternative sources of livelihood. 42 | P a g e
2.7.5 Priorities and Required Action Steps Government-Driven Legal Practice and other Stakeholders
Key Priority Responsib Required Action Steps Responsibility Required Action Steps ility
Bankable data . Make bankable data available to all NMCO stakeholders and investors.
Section 100 of the National . Advocate for the amendment of the said NBA . Amend Section 100 of the Mining Act. Assembly Section of the Mining Act. Mining Act
. Empower NMCO to address the NMCO problems of inadequate Federal administration exploration/geo-science nature, illegal Government mining activities and other related challenges.
Artisanal Small- . Replicate and formalise shadow scale Miners Federal financing system to enable ASM (ASM) Government access to title at the NMCO and to financing.
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Chapter 3 Regulation of the Practice and Profession
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3.1 The Future of the Legal Profession and the Regulation of Legal Practice and Practitioners
3.1.1 Objectives
. To make a case for reforms in the Nigerian legal profession. . To identify the factors that will shape the future of legal profession. . To recommend how the Nigerian legal regulatory body and practitioners should be positioned to meet the emerging and future demands for legal services.
3.1.2 Background
Global competition in the legal profession is becoming stiffer as a result of technological development, artificial intelligence and intrusion from and by other professionals such as accounting, estate agent, among others. According to the IBA Task Force on the Future of Legal Services, the future of the legal profession is hinged on a number of drivers which include changes in the demographics, demand for specialized services, legal education reform, globalization and shifts in economic power, legal technology development and innovation, and regulatory innovations. The legal profession is therefore likely to experience a paradigm shift that would render obsolete many features of legal services and processes thereby paving way for new ways of thinking .
In particular, the Nigerian Bar is faced with several challenges that include the demand for skilled legal practitioners, unprecedented yearly admission rate into the Nigerian Bar, inadequate employment opportunities and limited specialization by lawyers.
According to the Supreme Court, the total number of legal practitioners increased from 120,006 in 2017 to 190,000 in 2019, representing an annual growth rate of 32 percent. This notwithstanding, Nigeria cannot be said to be “over-lawyered” when compared to Ontario, Canada that has over 52,000 enrolled lawyers in a population of 12 million – i.e. one lawyer to 230 persons as against Nigeria’s one lawyer to 1,054!
Some argue that engaging the services of lawyers is expensive and that the resolution of issues by the parties without the involvement of lawyers comes cheaper. Some also argue that hiring lawyers for litigation matters is not an efficient way of getting justice given the layers of procedures and rungs of appellate courts that one might need to wade through before the conclusion of the matter.
To address these issues and other related ones, the Nigerian Bar Association constituted the Legal Profession Regulation Review Committee (NBA LPRRC) to review the current regulatory objectives and the regulatory architecture of the legal profession. The Committee also had the mandate to deliberate on the current state of the legal profession and determine areas of required reforms, including the review of existing laws and pending bills. The Committee was also mandated to highlight the future of the legal profession and advise on how the outcome will meet the requirements for a robust, responsive, and independent contemporary legal profession in Nigeria.
There is also a need to reform the legal profession in order to meet the demands of the future. Enhanced self-regulation will guarantee the future of legal practice and legal practitioners through the refinement of the internal mechanisms for instilling discipline and upholding the ethics of the legal profession.
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3.1.3 Issues / Challenges
No Clear Regulatory Objective The Nigerian legal profession does not appear to have defined regulatory objectives. Regulation of the profession appears to be fragmented and divided among different bodies, with no central control by any organisation or body. The statutory provisions that regulate the Bar have not been reviewed and/or revised in the last 20 years. The NBA seems to play the dual role of representing and regulating the legal profession. Falling Standards in the Legal Profession
The seeming decline in the quality of legal education coupled with the lower standards of professional ethics and a weak regulatory regime for the legal profession has resulted in an increased level of indiscipline amongst legal practitioners which impacts on the core mandate of justice delivery. Lack of Licensing and Supervision of Practitioners and Law Firms There is currently no form of benchmark licence that is issued to practitioners for the setting up of law firms. Law practitioners and firms are neither supervised nor inspected to ensure that standards are maintained, and clients are well and adequately served. Nigerian law firms do not appear to have any Mandatory Continuing Professional Development programs. Weak Ethical Education to Prepare Lawyers for the Future The ethics education in the Nigerian Law School (“NLS”) does not appear to satisfactorily prepare practitioners for law practice. Substantive NLS curricula does not seem adequate to prepare new lawyers and make them job-ready. The character and fitness guidelines for candidates newly called to Bar is not expressly stated, thereby raising the spectre of a generation of young unprepared lawyers. Inadequate Welfare for Lawyers Understanding the model of the legal profession is vital for the maintenance of discipline and ethical standards thereby enabling lawyers to be more impactful in and to the society. The legal profession is built on the apprentice model, where junior lawyers learn from senior lawyers, and this requires that the welfare of the apprentice or junior lawyers be taken into consideration by the senior lawyers. Influx of other Professionals into Legal Practice The competition for the provision of legal services has become more intense in recent timesa following the incursion of accounting firms that offer legal professional services and foreign firms who now compete for business with Nigerian firms. Recently, a Nigerian bank audaciously advertised its provision of legal services such as advisory services, alternative dispute resolution, contract negotiation and company incorporation. Inadequate Skills for Lawyers to Adjust to the Legal Paradigm Shift Legal practice is on the brink of a paradigm shift that will displace traditional ways of thinking with contemporary ways, the practice itself will be fully IT-based and the legal services and processes of today will be replaced with and by new ways of delivering services. The threats of technology and globalization therefore call for proactive and adaptive measures that would make lawyers relevant and competitive. Knowledge Gap on New Laws
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The curriculum in different universities and the Nigerian Law School needs to be reviewed to ensure that they reflect new and revised laws. The teaching curriculum of the universities and the Nigerian Law School need to reflect the emerging areas of law that would make the New Wigs job-ready.
3.1.4 Recommendations
Enactment of the Legal Profession Regulatory Bill . The Legal Profession Regulatory Bill may need to be revised and presented as an Executive Bill. The Bill will seek to consolidate the Legal Practitioners Act and the Legal Education Act and repeal the extant legislation thereby creating a single comprehensive legislative framework for legal practice and education in Nigeria. . Authorities and committees established under the bill will have clear regulatory objectives and principles in carrying out their responsibilities. . The Bill will establish a Legal Profession Regulation Council of Nigeria to serve as the regulating body for the legal profession. Harmonize the Bar and Benchers’ Reforms . The proposed independent reforms by the Nigerian Bar Association and the Body of Benchers for the regulation of the legal profession should be harmonised.
Discipline . The disciplinary procedure of the NBA needs to be reviewed. The Association should fast-track the proposed meeting with all stakeholders, including the Chief Justice of Nigeria, to simplify and make the disciplinary process more effective.
Submission of Annual Report . In order to maintain ethical standards and competence, every firm should be required to have CPD programmes and to submit benchmarked annual reports for the renewal of their practice licence. Welfare . The NBA constitution should mandate a committee that would cater to the needs of the very senior and elderly members of the Bar in order to ease their participation in conference activities. . Junior lawyers should be adequately and equitably remunerated. It is also important for junior lawyers to maintain work-life balance.
Capacity Building . A mandatory two-year pupilage program should be introduced to allow young lawyers gather requisite experience under the mentorship of experienced senior lawyers. Minimum standards of working conditions should be prescribed for the pupilage program. . Advocate for the proposed Bill to create the rank of “certified specialist” in order to reduce the high level of competition for the award of the rank of Senior Advocate of Nigeria (SAN).
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3.1.5 Priorities and Required Action Steps Government-Driven Legal Practice and other Stakeholders Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Review and revise the Legal Profession Regulatory Bill and present as Executive Enactment of Judiciary and Bill. Legal Profession Executive Arms of . Set up a Legal Regulatory Bill Government Profession Regulation Council of Nigeria to serve as the regulating body for the profession
. Harmonise the proposed Harmonise the reforms by the Bar and the proposed reforms Body of Bencher in order to NBA / Body of Benchers by the Bar and the produce a unified and Body of Benchers comprehensive legislation for the regulation of the legal profession. . Review the disciplinary Disciplinary processes and procedures to
Procedure simplify and make them more NBA effective . The NBA constitution should mandate a committee that would cater to the needs of NBA Welfare senior and elderly members and ease their participation in Law Firms NBA conferences.
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. Remunerate junior lawyers adequately and equitably . Adopt 2-year mandatory pupillage program for fresh lawyers Law firms . Upgrade curriculum to meet contemporary and international Capacity Building Nigerian Law best standards for the training School/Universities of lawyers. . Build character of fresh lawyers with adequate training in professional ethics and nobility
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3.2 Social Media Culture, Liability and Professional Ethics
3.2.1 Objectives
. To discuss the current and possible future relationship between social media and Nigeria’s legal system. . To articulate how lawyers can use social media as a tool for value creation without breaching their professional ethics.
3.2.2 Background
The 2019 global digital report revealed that internet usage surged to 4.4 billion people, while 3.5 billion people subscribed to one or more social media accounts and 5.5 billion people own one or more mobile phones across the globe. According to Statistica (2019), within a minute on the internet, there are 3.8 million requests on Google search engine, 1 million log-ins on Facebook, 4.5 million videos watched, 188 million emails sent, 41.6 million messages sent on WhatsApp, among others. In these statistics, over 24 million Nigerians are actively engaged on Facebook, 7 million on Instagram, 1 million on Linked-In, among other social media.
The impact of social media technology has been phenomenal. Social media is not just influencing lives, but also the way law is practised. The architecture of Nigeria’s legal system therefore needs to change to accommodate the structural nuances of social media. The current laws are outdated and fall short in dealing with legal issues stemming from social media engagement. For example, there is a delicate balance between protecting human rights (freedom of speech) and prosecuting people for their posts/contributions on social media. Everyone has the right to engage social media platforms to discuss public issues bearing in mind that they must not engage with the purpose of instigating violence.
Social media will increasingly play critical roles in the advocacy for social justice, as seen in recent activities under the BringBackOurGirls campaign, which was responsible for new policies and foreign involvement in the campaign. The critical issues that these throw up include but are not limited to lack of awareness of the legal implications of social media abuse, outdated laws, imbalance of social media and adjudication of justice and threat to national security. To address these burning issues, there is need to enact relevant laws that would set social media boundaries, and also step up awareness and sensitization of legal practitioners, corporate entities and the general public in regard to social media engagements, its boundaries and issues related thereto.
3.2.3 Issues / Challenges
Lack of Awareness of the Legal implications of Social Media Abuse Social media platforms make it easy to breach professional code of ethics for the engagement of opposing parties without the presence of his/her counsel. Other areas of breaches in professional code of ethics include breach of lawyer-clients’ privilege/information, advertising of legal services and use of derogatory language/statements. Unfortunately, many social media users are not aware of the laws and rules that guide engagement on social media platforms. Consequently, they are exposed to the risks of being arrested by law enforcement agents and prosecuted for promoting fake news, hate speeches, cyberbullying and shaming.
Outdated Legal System Architecture The current penal and criminal code is inadequate for the administration of justice on issues arising from social media. The Nigerian legal system has proven ineffective in handling the nuances that
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emanate from civil and criminal indictments over the use of social media technology. Most of the extant rules that guide professional conduct were drafted during the non-digital era.
Imbalance of Fundamental Human Rights and Adjudication of Justice Social media technology has become a cardinal way by which people communicate their opinions and is a disruption in the way we communicate in general. Attention must be paid to the blurred boundaries between the exercise of the fundamental right to freedom of expression as provided in the Constitution and unethical discourse in social media. An individual has the right to engage in a proper discourse without fear of prosecution, but not with the purpose of breaking the law. On the other hand, injustice may ensue when court judgments infringe on the fundamental human rights (freedom of expression) of social media users.
National Insecurity Social media platforms are sometimes used to share contents that contravene the laws and are a threat to national security because there is no control mechanism on the use of such platforms. Social media allows users to communicate anonymously, thereby directing hate comments to other Nigerian citizens and governments which in turn, generate and fuel hatred that may lead to acts of individual and collective violence and pose significant threat to national security.
Breach of the Rules of Professional Conduct Legal practitioners are estopped from advertising their legal services in order to safeguard the dignity and nobility of the profession. The rule of professional conduct affirms that advertising has the potential of misleading the public and degrading the dignity of the profession. Specifically, in Nigeria, Rule 23 of the Rules for Professional Conduct bars lawyers from advertising. However, lawyers are allowed to educate the public on legal issues, and they can, therefore, make good use of social media as an educative tool.
3.2.4 Recommendations
Updating the Legal System Architecture . The Legislature should enact robust laws that will not only balance the rights of freedom of speech by social media users and the prosecution of crimes engendered by social media, but will also place boundaries that would act as guiderails against social media discussions that can threaten national security. . Fully digitize court filings, proceedings and judgments, and make them easily available and accessible to the public. . Educate the public on the boundaries of the ‘right of freedom’ in order to ensure effective enjoyment of the right of freedom of speech without contravening laws and regulations.
Sensitisation for Legal Practitioners, Corporate Firms and General Public . Develop policies to guide, improve awareness and routinely engage legal practitioners, including judges on the expectation of the Rules of Professional Conduct (RPC) as it relates to social media usage. . Firms should develop social media policy handbook to guide online activities of their staff as a preventive and protective measure against bad and potentially unlawful social media engagements. . Expound on the legal implications of acting as a social media administrator and on rules that should guide contributions by members on a group platform in order to ensure that rights of individuals are protected, and no law is broken. . The Nigerian legal system should encourage the adaptation of International Bar Association principles as best practice standards that would govern social media engagement in Nigeria. 51 | P a g e
Social Media Marketing and Digital Value Creation for Lawyers . Lawyers can gain traction for their firms by creating value through social media as a promotional platform for underserved causes in society. By championing the cause of educating Nigerians on their legal rights and restrictions on social media, the popularity of the law firm in that space can act as a good advertising medium. . Opinions can be stated openly in the social media space, but practitioners and users should ensure that they do not breach the rights of other individuals and institutions. Practitioners can match their practice offline with their practice online.
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3.2.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Develop a robust regulatory framework and enact appropriate laws that balance the rights of freedom of speech and the prosecution of crimes and Updating the legal system prevention of discussions on . Federal Ministry of . Conduct a policy dialogue Justice to initiate the discussion of . NBA architecture social media that may threaten . National Assembly drafting new laws. national security. . Fully digitize court filings, proceedings, judgments and make them readily and easily available and accessible to the public.
. Intensify awareness . Intensity awareness campaign . Ministry of . NBA Sensitization of general campaign on appropriate on appropriate social media Information/National . Corporate public social media engagement. engagement. entities Orientation Agency . Draft social media policy book for adoption.
Social media marketing . Facilitate informative . Lawyers platforms
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3.3 A Future-Fit Legal & Regulatory Framework for Corporate Counsel
3.3.1 Session Outcomes
. To highlight the legal requirements of practicing as corporate counsel in Nigeria vis-à-vis foreign law firms. . To share knowledge of changing trends and response options. . To discuss corporate world positions under current legal and regulatory framework. . To articulate key areas that need to change to create a future-fit legal and regulatory framework for corporate Nigeria.
3.3.2 Introduction
There is great debate on the position of the law in Nigeria vis-à-vis legal services delivery by foreign in-house counsel. Despite globalization and liberalization, the legal profession in Nigeria remains highly regulated and the Nigerian Legal Practitioners Act (LPA) indeed precludes anyone whose name is not on the roll to practice as a Barrister or Solicitor from delivering and/or providing legal services in Nigeria. There are still unresolved issues around the provision of legal services by foreign qualified lawyers who are not called to the Nigerian Bar, foreign law firms practicing and providing legal services in Nigeria, lawyers offering legal services out of multidisciplinary firms (e.g. consultancy and accounting firms) and the ambiguity of Section 295 of the Companies and Allied Matters Act, Cap C20, Laws of the Federation of Nigeria 2004 (CAMA) that allows company secretaries to provide legal services.
The protectionist school of thought argues that the entry of and provision of legal services by foreign lawyers who are not called to the Nigerian Bar will cause more harm and imperil lawyers in Nigeria who are called to the Bar in Nigeria, while the liberal protectionists believe that a mild fusion should be permitted, particularly with international brands partnering with domestic firms. The liberalists, however, take the position that foreign lawyers who are not called to the Nigerian Bar should be given the privilege to practice in Nigeria. None of the schools of thought is supported by empirical study on the impact and implications of their respective positions, and as such, NBA should source data for evidence-based study on the implications and impacts of these respective positions and the required enforcement of the relevant laws.
It is important therefore, for the Government and NBA to address these grey areas and specifically, the observed phenomena of the use of the name of foreign law firms as Nigerian firms’ business names without the permission of the foreign law firms, multi-nationals having foreign legal practitioners working in the legal or regulatory departments of their Nigerian subsidiaries, lawyers offering legal services in multidisciplinary firms, the quantum of remunerations that are paid by multinationals to foreign legal practice vis-à-vis and compared to remunerations that are paid to Nigerian legal firms, etc. NBA must develop and pursue measures that will grow the demand for legal services in emerging sectors and retrieve lost grounds for lawyers in recognized sectors.
The African Continental Free Trade Agreement (AfCFTA), in spite of its optimistic objectives to enhance competitiveness of services and progressively liberalize trade in services across the African continent, cannot be reconciled with the LPA and RPC. Since AfCFTA is a treaty obligation on Nigeria, the NBA should protect the Nigerian legal community from the onslaught that may ensue, if necessary, through, by and with court actions. The indication though is that regulators will likely pursue expanded powers to control the rising tide. Statute books and the regulations of many government agencies are replete with provisions that can attract legal liability to corporations and their directors or officers which the regulators would aggressively enforce. 54 | P a g e
3.3.3 Issues / Challenges
Incoherence of the Regulatory Framework . Issuance of outdated and rigid rules and regulations are often done prior to the engagement of the legal community, thus creating a mismatch with current realities and trends. For instance, CAMA which was enacted in 1990 was mirrored after the Companies Act of UK (1985) which was amended in year 2006. . There appears, sometimes, to be a bellicose enforcement of yet-to-be passed regulations and policies by the regulators. . The ambiguity surrounding the law that governs company secretaries in S.295 of CAMA should be reviewed and a clear position taken.
Increased Global Competition . The inability of Nigerian law firms to advertise their services has reduced their competitive reach relative to counsel in other jurisdictions. . The law that precludes non-lawyers from investing in law firms has had adverse effect on the sustainability and going-concern capabilities of the firms, particularly, after the exit of their chief promoters.
Educational System . There law curricula in the Universities and Nigerian Law Schools are not well rounded and sufficiently robust to equip the Nigerian lawyer in the contemporary globally competitive world of legal services. To illustrate, a good percentage of Nigerian law graduates are not grounded at all in other critical areas that impact contemporary law practice such as economics, information technology and accounting. This makes their knowledge limited to the scope of law courses taught in school when standing next to their well-rounded and specialized lawyers from other jurisdictions.
Dearth of Data for Decision making . In a world where data has eclipsed our natural resources, an evidence-based study can greatly influence the quality of policies made and the laws that may need to be amended or enacted. This is an area that the Nigerian legal community needs to improve upon.
Sluggish Expansion of Legal Services in the Creative Industry . The rapid growth experienced in Nigeria’s Information and Communication Technology (ICT) and the entertainment industry such as music and film production has not translated into a noticeable expansion in the spectrum of legal services offered by Nigerian lawyers. Majority of the industry practitioners and artistes are yet to understand and/or appreciate the role and essence of lawyers in their businesses.
Limited Number of Lawyers . The current statistics of one lawyer to every 1,700 people makes it considerably more difficult to attend to the rising demand for legal services.
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Litigation System . The Nigerian litigation system is slow and time consuming. Lawyers, in consequence, have become selective in the matters that they handle and often refuse to take instructions in regard to matters that may be prolonged.
Technology . The internet is replete with various templates for legal services. However, some of these templates may not be fit for purpose, not having been customized for specific circumstances nor developed by lawyers. The exceptions are commercial agreements that are prepared through Artificial Intelligence, which are more robust and sometimes appear to cover legal risks that may not be immediately anticipated by humans, albeit, experienced and trained solicitors. But then, technology is yet to be fully embraced by the regulators; we still operate in manual mode.
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3.3.4 Recommendations
Policy dialogue . Engage both the regulators and legal stakeholders for the review of outdated laws and regulations and amend or formulate new ones to reflect contemporary issues and workable solutions, with adaptations of international best practice in a manner that suits the Nigerian environment and circumstances. . Adopt evidence-based study and research methodologies that would enable data-informed decisions by the NBA in regard to target policies and regulations. . NBA should design and adopt measures to grow the demand for legal services and retrieve lost territories in the provision of legal services for Nigerian lawyers.
Corporate Compliance Mechanisms . Corporate entities should have good grasp of relevant regulations, establish systems and ensure that relevant staff are acquainted with and conform to regulations, adopt compliance standards that are higher than local regulatory requirements, review international best practices regularly and possibly adopt them ahead of local regulations, and have compliance systems that include good complainant-protected whistleblowing regime. . Consider and organise capacity building programmes for regulators to assist them understand their responsibilities and the implications of punitive regulations and sanctions.
Amendment to Legal Frameworks . Review and amend relevant regulations, rules and legislation that govern and regulate the legal profession and its practice including the provisions that preclude advertisement by lawyers.
Litigation Process . NBA should advocate for faster litigation processes and shorter litigation cycle in Nigeria, such that there is reasonable certainty and predictability with respect to timeframe for conclusion of matters, from commencement to final determination.
Capacity Building . The curriculum of Nigerian universities and the Nigerian Law School should be reviewed in line with international best practices so as to make the Nigerian law graduate rounded and well- grounded in ancillary fields of study that impact contemporary practice of law. . Continuing legal education programmes that will update and enhance the skills and knowledge- base of lawyers should be developed by the NBA. Lawyers should also be encouraged to specialise in various law fields.
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3.3.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Collaborate with the regulators to review and amend outdated laws, . Engage NBA and other legal formulate new laws and implement stakeholders for the review of laws and regulations generally. outdated laws and regulations. . Adopt evidence-based approach and NBA Policy Dialogue . Amend or draft new laws to reflect . Regulators Other legal studies for decision making that would contemporary issues and stakeholders impact policies and regulations. challenges and proffer workable . Advocate for increase in the demand solutions. for legal services and retrieve lost territories in the provision of legal services for lawyers.
. Establish compliance systems and ensure that relevant staffs are acquainted with applicable regulations. Corporate . Conform to regulations and adopt compliance Legal Firms compliance standards that are higher mechanisms NBA than local regulatory requirements.
. Review International Best Practices regularly and adopt them ahead of local regulations. . Emplace compliance systems that embed good complainant-protected
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whistleblowing regime. . Organise capacity building programmes for regulators.
. Review the parameters that allow . Review and where necessary members to advertise. amend the legislation, rules and . Constantly review regulations to meet regulations that govern and regulate current realities. Legal Framework Regulators NBA the practice of law including . Generate and analyse data for data- relevant provisions that preclude informed decision making. advertisement by lawyers. . Advocate for shorter litigation processes and cycle.
. Review the curricula of Nigerian Ministry of . Implement programmes such as NBA Capacity Building universities and the Nigerian Law Education / NLS continuing legal education for Law firms School in line with international best continuous development and standards and practices. knowledge enhancement of lawyers.
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3.4 The Incursion of Multi-disciplinary Firms: Any Regulation?
3.4.1 Objectives
. To discuss the incursion of multidisciplinary practice in the legal profession and identify its benefits and weaknesses. . To review the regulations and establish the need, if necessary, for an amendment to the regulation. . To provide specific recommendations on the position of the Conference.
3.4.2 Introduction
Globalisation has caused the emergence of Multidisciplinary Firms (MDFs) across different jurisdictions, including Nigeria. As a result, the business outlook has changed, where MDFs have developed and proffer several academic professional services. Going by the structure of major global practitioners like KPMG, Ernst & Young, Deloitte, Pricewaterhouse-Coopers and Anderson Tax, they now offer legal services and have the tendency of chipping away the territories of the legal practitioners in the provision of legal services, given their vast resources and expertise.
On the other hand, there is a school of thought that holds that Multidisciplinary Practice (MDP) can benefit the Nigerian legal market. Some of the benefits of MDPs include a one-stop shop for legal and non-legal services for clients, lower fees, increased efficiency in the market, and better quality of services provided to clients. Some business entities are already offering these services. The objective however, is meeting the customers’ needs without breaking the ethical standards. Nonetheless, the position of the law is very explicit to the effect that only professional individuals who are admitted into the Nigerian Bar or given exemptions therefor are qualified to practise law in Nigeria.
Given the nature of the legal profession which is ultra conservative and is governed by the Rules of Professional Conduct, lawyers are trained to see the provision of legal services as a noble profession and not as a business in the modern world, where skills, capital and expertise drive businesses. The legal profession is undergirded by various ethical codes as embodied in the Legal Practitioners Act and the Rules of Professional Conduct.
However, the rules that guide the legal profession in Nigeria frowns at the practice of law by the MDFs. Indeed, the multidisciplinary practice that incorporates the provision of legal services is in conflict with the core rules that regulate legal practice in Nigeria. There are five MDP models: cooperative, command and control, ancillary practice, network, and multi-disciplinary partnership. All these global models operate in Nigeria and there is, therefore, a need for the review of the legal framework for the provision of legal services and the enforcement of same.
3.4.3 Issues / Challenges Unclear Distinction of Legal Practice by the Act The Legal Practitioners Act and Rules of Professional Conduct do not appear to clearly define legal practice. Section 5 of the Act and Rule 3 of the Rules of Professional Conduct respectively state that a lawyer shall not form a partnership with a non-lawyer, and a lawyer shall not share his fees with a non-lawyer or aid a non-lawyer in unauthorised practice. Section 11 of the Legal Practitioners Act is also very clear on sanctions that would apply to any lawyer who is found to breach the provisions of the Act, ranging from suspension to withdrawal of license. Section 22 of the Act states that a non-lawyer is only guilty of an offense when he practices or holds himself out as a lawyer. By these provisions, the Act seems to be ambivalent on the definition of Legal Practice. To further
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compound issues, the Rules of Professional Conduct, it must be noted, applies only to lawyers which means non-lawyers cannot be held liable thereunder.
Growing Incursion of Technology in the Legal Practice Technology has played a significant role in limiting the functions of the legal practitioner, giving prominence to the incursion of Artificial Intelligence (AI). The use of AI has proven more accurate in analysing regulations and legal cases. There is a need for the development of regulations on AI and the disruption from new technology.
Growing Demand for Multidisciplinary Firms and Practices The rising global demand for the provision of legal services by multidisciplinary firms and the attendant challenges therefrom vis-à-vis traditional modes of legal services delivery, cannot be ignored. Some schools of thoughts believe that the multidisciplinary partnership between law and other firms to form major players in the market will catalyse growth and development. There is however a growing fear that the emergence of the multidisciplinary profession networks may lower the ethical and professional standards of the legal practice. Regulatory Limitation of the Adoption of Multidisciplinary Practice (MDP) The limitations posed by the Rules of Professional Conduct (RPC) make it impossible to implement MDP without an amendment to the regulation. Canada, Australia, France, Spain and Saudi Arabia already have flexible regulations regarding MDP’s and it is being encouraged in developing countries. The USA also has more flexible regulations having relaxed it in 1980 based on the recommendation of the American Bar Association (ABA). Lack of Regulations for Law Firms The emergence of multidisciplinary firms is a wake-up call that highlights the paucity of regulations for the regulation of law practice. Law firms in Nigeria are not regulated the same way that legal practitioners are regulated. There are no regulations or laws that govern newly established law firms in their practice of law and they, more often than not, are not strong enough to resist the lures of the MDFs. 3.4.4 Recommendations Amendment of the Legal Practitioners Act . Amend the Legal Practitioners Act to give a clear definition of legal practice in order to curb the activities of MDFs, as the scope of MDFs involvement keeps expanding. . Review and amend/upgrade relevant regulations that govern the practice of law so they address current challenges. The RPC in its present form invalidates MDFs in Nigeria. Policymakers should leverage on benchmarking studies and best practices already documented across other jurisdictions to develop a comprehensive framework for effective regulation of law practice.
Set up a Multidisciplinary Advisory Committee . The creation of an advisory committee will enable the NBA, Bar Council and the Body of Benchers to advise the government on the issues involved in the effective regulation of MDPs in a manner that meets stakeholder expectations.
Set Standards . The regulations of MDP’s should uphold the public’s trust by promoting high ethical standards, technical expertise and values found in the legal profession. Protecting the public is a priority of the regulations guiding legal practice in Nigeria.
Syndication . Regulating MDPs will require dialogues across a diverse group of regulatory agencies and stakeholders. Even as lawyers take the lead in this initiative, stakeholder consensus must be reached with other professionals such as tax, estate management, insurance, pension and audit
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practices. This is the only way to manage the potential liabilities if there are any infractions by the firms.
Liberalising Regulations and Acts . Globalisation has brought about diversification in multidisciplinary functions, enabling the firms to render more diverse services. There should be openness and collaboration between lawyers and non-lawyers. The Nigerian legal profession may wish to consider making provisions for lawyers with adequate skill sets to provide complementary services and collaborate with non- lawyers to offer such services without lowering the ethical standards.
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3.4.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Review the relevant and applicable . Advice the government on MDPs regulations in order to developing effective MDP refocus them to address current regulations that meet stakeholder NBA, Bar Council MDP Regulatory challenges before its expectations. Regulators and Body of Framework implementation in Nigeria. Benchers . Develop a comprehensive framework and consolidate therein learnings and best practices of MDPs across other jurisdictions. NBA . Further engage with the NBA to . Facilitate and participate in Bar Council Engagement and Federal discuss the review of the dialogue sessions with a diverse Body of Benchers Collaboration Government group of regulatory agencies and regulations affecting MDP to Other professional stakeholders. ensure buy-in of all stakeholders. service providers
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3.5 Effective Implementation of the National Legal Aid Strategy (2017-2022)
3.5.1 Objective
. To review the impact and efficacy of the National Legal Aid Strategy (2017-2022), identify the challenges to the Legal Aid Council and suggest possible ways forward in achieving its intended objectives.
3.5.2 Background
Access to justice in Nigeria has remained elusive to the underprivileged and most vulnerable who are barely aware of their legal rights. This unfortunate state of affairs birthed the Legal Aid Council of Nigeria Decree No. 56 of 1976 which evolved into the Legal Aid Act Cap L9 which has now been repealed and replaced with the Legal Aid Act of 2011 (LAC). The purpose of LAC 2011 is to provide free legal assistance to indigent citizens who have limited resources and cannot afford private lawyers.
In spite of LAC 2011, access to justice by the underprivileged and indigent citizens is still at an abysmal level due to a combination of factors which include the limited number of lawyers who are willing to provide free legal assistance, inadequate or non-funding of legal aid activities, slow administration of justice and lack of awareness amongst the underprivileged and indigent citizens of the availability of legal aid services. To address these issues, the Legal Aid Council developed the Legal Aid Strategy 2017-2022 in collaboration with the NBA and signed a Memorandum of Understanding (MoU) with the NBA in which the Association committed to play an active role in the promotion and provision of legal aid services, among other objectives.
According to a recent study carried out on inmates in three (3) prisons (Enugu Maximum, Kano Central and Ikoyi), 56 percent of inmates affirmed that they do not have any legal representation due to lack of funds, while 50 percent of inmates were dissatisfied with their legal representation. The study further showed that 99 out of 306 inmates in Enugu Maximum prison had been in prison for about a year without trial and 119 of them had been in prison for two to three years prior to being considered for trial. 44 percent of inmates in all three prisons with stalled cases had not been tried in one to 3 years. This is a clear indication that the justice delivery process, particularly its speed and quality, is in dire need of reform.
3.5.3 Issues / Challenges
Upsurge of Underprivileged individuals in Nigeria The GDP growth rate of 1.92 percent recorded in the second quarter of 2019 remained non- inclusive as it is yet to be felt by the common man. According to the World Poverty Clock in June 2018, Nigeria has been named the poverty capital of the world with over 90 million people living under extreme poverty. Such persons lack the financial resources to access decent living, let alone legal services. It is evident that as the population increases, so will there be an exponential increase in the number of those that are likely to need legal aid services, placing an increased burden on the Legal Aid Council.
Inadequacy of the Legal Aid Council to solely carry out Legal Aid Assistance The Legal Aid Council is responsible for providing free legal assistance and access to justice on certain matters and proceedings to persons with inadequate resources in accordance with the provisions of the Legal Aid Act 2011. There is no other agency or organization that is saddled with the responsibilities of the Legal Aid Council as set out in the Legal Aid Act, 2011 thereby leaving the Council as the only institution that provides legal aid services in Nigeria. While not advocating for 64 | P a g e
the establishment of a competing statutory agency at the Federal level for the provision of legal aid services, it is rather unfortunate that no other agency at the States’ levels or private organizations has focused on the provision of legal aid services to the underprivileged and indigent members of our society.
Absence of Facility to provide adequate Information on Inmates in Nigerian Prisons in need of legal aid services There is a growing concern over unregistered inmates in detention and inadequate information on inmates in need of legal aid. The Legal Aid Act of 2011 has identified the need to have a central database of those who provide legal services and those who require legal aid services to aid the provision of legal assistance. There is no structure to monitor and address legal representation of prisoners. There are 19 detention agencies in Nigeria, including the Police, EFCC, ICPC and NDLEA, and none of them can state precisely the total number of inmates in detention.
Increased rate of Bribery and Corruption Bribery and corruption have direct impact on the general functioning of a State. Corruption deprives societies of important resources which could be used for basic needs. Corruption and its perception have reduced public trust in the Nigerian justice system thereby weakening the capacity of the judicial system to guarantee the protection of fundamental rights of the citizens.
Inadequate Funding of the Legal Aid Council Considering the range of services that is statutorily placed on the shoulders of the Legal Aid Council, lack of funding and manpower challenges have incapacitated the attainment of the Council’s legal aid strategy. Various States and civil society organizations lack adequate manpower (notably, paralegals) to provide legal representation to persons in detention or on remand.
Lack of Awareness and Knowledge of the Criminal Justice Process The afore-referenced study also found a relatively low level of education amongst inmates, with two out of 10 inmates indicating that they had never received any form of formal education. The indigents in the rural areas are unaware of the legal aid services and as such women are more vulnerable to abuse and domestic violence without any legal aid and/or representation.
3.5.4 Recommendations
Legal Aid Council Funding . The aim of the legal aid strategy is to play an active role in creating a fair society with adequate access to justice particularly by the underprivileged and indigent citizens. Towards this, the Council’s mode of operation requires proper funding, not only by the Federal Government but with contributions from the States Governments as well. . NBA should actively collaborate with the Council in providing legal aid services through its members.
Constitutional Amendment . Towards decongestion of prisons, the provision of holding charge should be expunged from our laws in order to reduce the number of inmates in Nigerian prisons that are awaiting trial. Proper mechanism should be instituted to implement the provisions of Section 35(4) of the 1999 Constitution as amended on the right of a defendant to be charged to a competent court for trial within reasonable time or be released unconditionally having stayed two to three months in detention.
Database
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. Strengthen the national database to give accurate statistics of inmates in need of legal aid to enable the Legal Aid Council and the NBA and, indeed, lawyers generally, locate persons who need legal aid services and the particular services required. . Develop a central register of those in need of legal aid, indicating the locations where they are being held and those awaiting trial. The register would also provide information of the stages of these persons cases and these would inform the legal aid providers where to start or continue from.
Capacity Building for Legal Aid Providers . Lawyers should begin to consider legal aid services as a duty and service to humanity, without expectation of financial returns. NBA should make it mandatory for lawyers to take up legal aid cases. With emphasis on pro-bono services, lawyers should be encouraged to assist the Legal Aid Council and other NGOs that are committed to helping the indigents.
Legal Aid Advocacy and Publicity . NBA should advocate for access to justice for citizens and offer legal representation, using local languages to communicate and create awareness of legal aid services in the rural areas. . Increase the number of paralegals who will assist to sensitise the indigents on how to access legal aid services and the appropriate legal aid service providers. . The Legal Aid Council should strengthen partnerships with other institutions in administering free legal services and increase publicity of free legal practice. The publication of the Council’s success stories will also boost public confidence in the Council.
Expansion of Police Duty Solicitors Scheme (PDSS) . With the existence of the Legal Aid Council in 25 centres and 774 local government areas, it is important to establish legal aid centres in universities and key locations in the States. The Council, in conjunction with lawyers, should work effectively with the Police to reduce the increasing number of inmates in custody.
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3.5.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. The Legal Aid Council should be well Federal . Engage and collaborate with relevant Legal Aid Council funded not only by the Federal Government stakeholders to devise alternative NBA / Legal funding Government, but also by the State and State Practice Governments funding schemes and incentives for Governments. legal aid providers.
Constitutional . Expunge the holding charge provision Legislature . Advocate for the removal of the holding NBA Amendment from our laws to reduce the number of charge provision from the laws. inmates in Nigerian prisons.
. Strengthen the national database to give accurate statistics of detained Nigeria Prison Service / Legal Creation of Central persons and inmates in need of legal Aid Council/Law Database aid. Enforcement . Provide a central register to identify Agencies those in need of legal aid, and service providers.
. Translate awareness and advocacy of legal aid services into local languages . Advocate and improve awareness of to communicate with people in the rural the role of legal aid services. Legal Aid areas. Legal Aid . Lawyers should start looking at legal NBA / Legal advocacy . Strengthen partnerships with other Council aid services as a duty and service to Practitioners institutions in administering free legal humanity, without expectation of services. financial returns. . Increase publicity on free legal services.
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. Establish legal aid centres in Expanding Police universities and key locations in the Legal Aid Duty Solicitors States. . Council Scheme . Work effectively with the Police to reduce the increasing number of inmates in custody.
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3.6 Family Law Dynamics and 21st Century Realities
3.6.1 Objectives
. To deliberate on recent developments and happenings in family law rights and the impact of medical advancements, particularly in the area of reproduction technologies. . To consider adoption of modern technological advancements without compromising fundamental human rights.
3.6.2 Background
Marriage and family are key institutions in most societies and their complexities cannot be ignored by law. Family law focuses on matters arising from family relationships such as adoption, divorce, and child custody. The world is advancing rapidly with the use of technology and its impact cuts across all disciplines, including the medical profession.
The influence of technology on medical practices has significantly changed the dynamics of issues in family law. Assisted Reproductive Technology (ART) is one of the most adopted and successful medical technologies in the 21st century, a technology that Nigeria is gradually adopting. The gains of ART treatments notwithstanding, concerns have heightened over the reproductive rights of the parents and children as family law legislation and practices have not substantially aligned with the dynamics of technological advancement.
Ab initio, Islamic law recognises the rights of women to inheritance and to engage in commerce but prohibits extortion. Islam is one of the early religions that advocated for restoration of the right and dignity of women by abolishing the custom of burying women alive and not considering or treating them as chattels but as equal to ‘believing men’. Subsequently, Islam recognized the right of women to inherit one third of the assets of their deceased husbands. Irrespective of these upsides, the Islamic law has failed to make provision for joint ownership of property between a husband and wife.
Child right to education is pivotal to national growth and development. Unfortunately, the standard of public education is falling, while private education continues to thrive, making access to quality education restricted and extenuating inequality. Statistics from the Ministry of Education, Lagos State indicate that there are approximately 1,700 public schools in comparison with 18,000 private schools in the State, indicating that the educational system in Lagos State is dominated by the private sector. To this end, the Child Rights Act should be implemented and enforced across the States of the Federation to promote access to universal basic education. New reproductive rights law should be enacted and passage of the Assisted Reproductive Authority Bill to regulate its practice in Nigeria should be prioritised.
3.6.3 Issues / Challenges
Effect of Technological Advancement on the Rights of the Child and Mother The Marriage Act is yet to be amended to reflect the advanced reproductive technologies such as the Assisted Reproductive Technologies treatment and the emerging disputes on maternal and child rights. Traditional parentage has been altered by the concepts of genetics and gestation. While the Nigerian Constitution made provision for right to private and family life, it does not consider people who desire to have children through other alternatives such as the ART whose adoption in childbearing has implications for the rights of the child and mother.
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Islamic Law: Challenge of Joint Ownership of an Estate for a deceased Husband’s Wife The rule of inheritance under the Islamic law stipulates that one third of the deceased husband’s inheritance be given to the wife. It however, does not consider joint ownership of property/estate by a couple, even when the woman has made equal or significant contribution to the creation and maintenance of the assets in question.
Non-uniformity between Customary Marriage and Marriage conducted under the Act The Marriage Act is not indigenous, as there are disparities between marriages under customary law and the Marriage Act. A marriage conducted under customary law only protects the rights of the husband but fails to recognise and give equal rights to the wife.
Child’s Right and uneven access to Basic Education According to the Executive Secretary for Universal Basic Education Commission, in 2018, between 8.7 million and 13.5 million children were out of school in Nigeria. Private educational institutions are out-competing public schools in the educational system in Nigeria, whereas the public sector should have the responsibility for driving up the quality and content of the educational system.
Delay in passage of Relevant Law Nigerian Assisted Reproduction Authority Bill 2012 that seeks to establish the Nigerian Assisted Reproduction Authority to regulate the practice of ART’s techniques/treatment in Nigeria and related matters has suffered major setback. Although the Bill passed the second reading at the Senate in 2017, it is yet to proceed to the next stage. The bill seeks to prohibit certain practices in connection with IVF, establish an IVF Authority, regulate the IVF process and make provisions for future issues arising from paternal or maternal rights in relation of the custody of children born through IVF.
Protection of Child’s Right According to the Cybercrimes (Prohibition and Prevention) Act, children that engage in cybercrimes must be punished under the law. Yet, the Act has not made any specific provision to ensure the online protection and safety of the Nigerian child. The Child’s Right Act itself has not been amended since 2003!
3.6.4 Recommendations
Legal Framework for Reproductive Right . Section 45 of the Nigerian Constitution empowers States to make reasonable and justifiable laws in the interest and for the defence of public safety, public order, morality and public health while protecting the rights and freedom of other persons. Meanwhile, there is no clear legislation to regulate issues that may arise from reproductive right. . NBA should advocate for the passage of Assisted Reproductive Authority Bill in order to regulate its practice in Nigeria.
Constitutional Amendment to define Marriage, Family and Equality between husband and wife . The Marriage Act should be amended to clear any ambiguities about the concepts of marriage and family as well as align and recognise customary law marriages. . The Marriage Act should be amended to ensure that full consents of both parties (i.e. the prospective husband and wife) are a prerequisite before any marriage is contracted.
Amendment of the Cybercrimes (Prohibition and Prevention) Act . The Cybercrimes (Prohibition and Prevention) Act should be amended to make provision for online protection and safety of the Nigerian Child.
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Enforcement of Child Rights Act . Implement and enforce the Child Rights Act across the States of the Federation to promote access to universal basic education.
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3.6.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
Legal framework for . Enact new laws on National . Advocate for the passage NBA Reproductive Right Assisted Reproductive Assembly of Assisted Reproductive Technology Authority Bill.
. Amend the Marriage Act to . Advocate for the amendment clear ambiguities on the National NBA Marriage Act of relevant sections of the concepts of marriage and Assembly Constitution. family as well as recognise customary law marriages.
. Amend the Cybercrime Act Cybercrimes Act National to make provision for online Assembly protection and safety of the Nigerian Child.
Federal, State . Enforce Child Rights Act to Child Rights Act and Local . Advocate for enforcement of guarantee access to sound NBA Governments. the Child Rights Act. and universal basic
education.
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Chapter 4 Law Office Management and Capacity Building
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4.1 Building Indigenous Capacity in the Oil and Gas Industry
4.1.1 Objectives
. To examine the roles of oil industry players and legal practitioners. . To elicit a better understanding of the attendant issues in building the capacity of indigenous companies in Nigeria’s oil and gas industry.
4.1.2 Background
The energy sector is a key driver of Nigeria’s economic growth, as both foreign earnings and government revenue have been largely dependent on the oil and gas industry. The indigenous firms were deprived of the benefits of this good fortune until the introduction of the local content law in the oil industry, as foreign firms dominated the operations of the industry in terms of fabrication, procurement and insurance, among others. The consequential dependency on foreign skills has inhibited the building of capacity in the indigenous firms.
As at today, capital flight is estimated to be over $50 billion despite Nigeria being the 2nd in Africa and 10th globally with the highest gas reserves. The enactment of the Nigerian Oil and Gas Industry Content Development (NOGIC) Act (“Local Content Act”) on 22nd April 2010 significantly changed the narrative of the role of indigenous firms in Nigeria’s oil and gas industry, with a significant growth rate of local content from 5 percent prior to the enactment of the Act to 30 percent as at date.
The Nigerian Content Development and Monitoring Board (NCDMB) has a strategic plan of increasing the local content from 30 percent to 70 percent by 2027. However, there are various challenges confronting local firms and the industry, and these include limited access to funding by local industry players, insecurity, foreign dominance, changing trend in energy mix and narrow capacity building. As a result, the local firms need to build capacity to earn a larger share of the envisaged growth in the industry.
4.1.3 Issues / Challenges
Limited Access to Funding by Local Industry Players . The sector is highly capital intensive and local firms have limited access to finance from financial institutions, and where financing options are available, it comes at very high costs.
High Level of Insecurity . The wave of insecurity in the industry has prevented operators from operating at full capacity, thereby constituting a threat to the facilities and employees in the industry. Oil theft, bunkering, resurgence of militancy in the Niger Delta and illegal refining remain worrisome.
Foreign Dominance . In spite of the achievements attributed to the implementation of the Local Content Act, the industry is still largely dominated by foreign multinationals with their expatriates adversely affecting local job creation, skills development, capacity building/utilization and sustained national economic development. . High technology and specialized goods/services demanded by the industry are typically supplied by competitive international markets. . Stiff competition from, amongst others, US shale exports continues to threaten the price of the Nigerian crude oil.
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Changing Trend in the Energy Mix . As the world economy continues to grow, the energy market will continue to expand. However, the dynamics of the energy mix is trending from non-renewable like hydrocarbons to renewable energy of wind, solar and bioenergy in response to climate change and to make the environment sustainable. Consequently, the future demand for hydrocarbons will decline.
Restricted Capacity Building . The threat to global oil price continues to affect the oil and gas industry because most of the skills developed in the industry are restricted to oil and gas and not transferrable to other aspects of the energy value chain, unlike power that has capacity to boost national productivity. Inability to export such capacity to other sectors during an economic downturn is a waste of resources. . From the legal perspective, most lawyers are not familiar with the laws that regulate the industry such as The Nigerian Petroleum Act 1969, Petroleum Associated Gas Pipeline and Para metal Impact Assessment Act 2004, Nigerian Oil and Gas Industry Content Development (NOGIC) Act, etc.
4.1.4 Recommendations Funding . Indigenous firms should explore alternative sources of financing, especially the concessional options. . Access the Central Bank of Nigeria intervention fund from the Bank of Industry, Ministry of Petroleum and collaborate with other players to access finance.
Capacity Building . Insert in Memorandum of Agreements (MoA) clauses that bolster local capacity-building, capability and competence to stimulate Nigeria’s Oil and Gas Industry. . Academic curriculum of universities and the Nigerian Law School should be tailored to provide the requisite skills that meet current realities of the industry and the nation’s needs. . Lawyers should understudy and be conversant with the various laws that protect local operators in the industry. Additionally, they should develop good knowledge of the global energy mix, the Sustainable Development Goals and how Nigeria fits into this global picture. . Create programmes to train and build to high standards the capacity of members of the host communities in industry skills. . Develop capacity, scale up more indigenous firms in specific areas (e.g. research and development) that meet industry needs locally and globally. . Government should build the capacity in both renewable and non-renewable energy. . Bridge technology gap through skills transfer programmes.
Collaboration among Stakeholders . Create strategic alliances with ethical partners in the areas of technology transfer. . Collaborate with other stakeholders such as law enforcement agents, local and international oil firms and host communities to address security challenges.
Exhaust Local Partnerships . Prioritise and engage local partners in contracts before inviting strategic international partners.
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4.1.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Increase intervention fund. . Explore alternative sources Funding . Federal Government . Local firms . Explore alternative sources of of financing with financing with concessional options. concessional options.
. Incorporate clauses in . Align the curricula of universities and Memorandum of the Nigerian Law School with the . Ministry of Agreements (MoAs) on . Local and Build local capacity industry and nation’s needs. Education/Nigerian building capacity, capability international across the oil and . Introduce policies to build capacity in Law School and competence of local industry gas sector value specific areas that meet industry . Federal Government industry players. players. chain needs. . International Oil . Empower members of the . Individual
. Address technology gap through skills Companies host communities with lawyers/NBA transfer programmes. industry skills. . Bridge oil and gas industry legal skills gap.
Collaboration . Federal Government . Local and . Engage stakeholders to address / industry players/ . Initiate strategic alliances international security challenges. International Oil with ethical firms. firms Companies . Federal Exhaust Local . Prioritise and engage local partners in Government/ partnership contracts before inviting strategic International Oil international partners. Companies
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4.2 A Workshop on Financial Skills 101 for Lawyers
4.2.1 Session Outcomes
. Add more value to clients when negotiating with the other party and help delegates to estimate the financial implication of specific changes in the deal. . Learn how to effectively communicate with an integrated team of consultants that could comprise accountants, investment advisers and bankers, etc. . Improve your understanding of current financial market development and trends. . Improve on both the revenue and profit of delegates’ legal practice . Equip lawyers with fundamentals of accounting and finance that would enable them to run successful legal practice. . Understand the fundamentals that influence financing and investment decisions.
4.2.2 Introduction
The role of lawyers in the financial world, especially in corporate finance and in investments is fundamental. Oftentimes, lawyers engaged in such activities have little or no knowledge of finance. Without the involvement of legal practitioners and their legal advice, many corporate restructuring transactions such as mergers and acquisition cannot be delivered successfully. Lawyers act as negotiators in investment transactions and also in structuring of investments. This underscores the importance of the knowledge of accounting, finance, economics and transaction processes to legal practitioners.
Lawyers should understand issues in finance such as cash flows, cost of capital, time value of money, valuation and basic accounting principles that are required for proper due diligence of transactions. Although lawyers operate in a multidisciplinary team where other members have good finance background, they are nonetheless still required to have good finance understanding to make sense of the issues involved in the transactions they handle.
4.2.3 Issues / Challenges
Bookkeeping . Bookkeeping skills are necessary for preparation of financial statements, without which there would not be complete, accurate and valid financial information for managing performance in legal practice.
Double Entry . This principle states that “for every credit entry, there is a corresponding debit entry and vice versa”. It is done for checking the accuracy and completeness of record keeping.
Cash and Accrual Concept . The cash concept recognises and records transactions only when there is receipt or payment of cash, and it is mostly used by government establishments, while the accrual concept, on the other hand, means that transactions are recorded when the activity occurs, irrespective of when payments are made. The accrual concept is mostly used in private organisations.
Financial Statement . The financial statement is the output of any firm’s bookkeeping activity, and this is made up of income statement, statement of financial position, statement of changes in equity and statement of
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cash flow. For the financial statements to be complete and accurate, proper bookkeeping should be done and this takes a lot of effort. Cash Flow Statement . For any organisation to remain as a going concern, it must have the cash to meet its maturing obligations. A firm can make a loss but still survive if it has sufficient cash or access to liquidity. However, a profitable business cannot survive if it cannot pay its obligations as at when due as a result of inaccessibility to cash or other sources of liquidity. Cash flow statement is important, and it is appropriate that entities present a statement of cash flow as part of their financial statements. It provides a snapshot of the outflow and inflow of cash over a given period.
Time Value of Money and Financial Ratios . The time value of money is essential in investment appraisal. There are several tools that can be used, but the effective tools are compounding or discounting factors. This helps to determine the present or future value before undertaking an investment decision. . In interpreting financial statements, ratios are used. Ratios can be likened to interpreting the Constitution or the law, and there are many of them available. It is important to define the objectives before selecting the appropriate ratios and these should not be used in isolation. Examples include profitability, liquidity, solvency, investing ratios, etc. which are used in interpreting the results in the financial statement.
Accounting Software . The understanding and application of most accounting software packages such as Sage, Peachtree, Quick Book, etc. can be wearisome for a lawyer because of their complexity. In addition, there are also effective tools that can be used for structuring investments for clients.
4.2.4 Recommendations
. Lawyers should use simple accounting software such as Tally to process their transactions as this will enhance speed and accuracy. Alternatively, lawyers can outsource the accounting function so as to focus on their core legal practice. . The professional fees for assignments that do not cover the direct costs of execution should be avoided except agreed as pro bono ab initio. The implication of accepting such transactions is that there will be no profit.
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4.3 Ten (10) things No one Knew at Law School – Learning to Practice or Practicing to Learn
4.3.1 Objectives
. To review the aspects of the legal practice that are not taught at Law School and demystify the issue of ‘learning to practice’ or ‘practicing to learn’. . To articulate and suggest recommendations on what is needed to make the new generation of lawyers well-grounded professionals.
4.3.2 Background Good legal education gives the foundational prerequisite knowledge of the practice of law such that lawyers are able to adeptly support their clients and promote the rule of law. The legal profession is broad with large number of areas of specialization. When lawyers are armed with the basic tenets of legal practice, there are significant opportunities for growth.
As widely known, law education begins at the university where the fundamentals and substantive law knowledge is obtained, while at the Nigerian Law School, knowledge of procedural law is garnered. A general misconception is that once an individual has been called to the Bar, she/he is fully knowledgeable in legal practice. Undoubtedly, the Law School curriculum equips the new wig with such foundation to thrive in practice and these prerequisite knowledge, essential lawyering skills and values are quite useful. For instance, new wigs are able to draft agreements like tenancy and leases, among others. This notwithstanding, she/he should not rest on his/her oars as this knowledge is not enough to make a young wig an effective and distinguished legal professional; there are emerging areas of law practice that demand exceptional skills.
In practice, a distinguished lawyer has knowledge of technical and sector specific agreements as a result of specialization. These specialised knowledge and skills are not taught in the universities or even during the 9-month programme at the Law School. Typically, they are acquired on the job from their learned and experienced seniors or by attending specialised seminars and workshops that provide great depth in those areas. Beyond these, there are a number of things that new wigs are not exposed to at Law School and these include, business and management skills, life skills, people skills and critical thinking skills. These skills are required to succeed and contribute to the legal profession and national development.
While learning to practice at the Law School, new wigs are educated on the Rules of Professional Conduct (RPC) and how to relate with clients. In practice, the new wig is quickly exposed to techniques for clients’ satisfaction and/or to increase the bottom line. Also, obtaining judgment signifies the end of litigation as taught in Law School. On the contrary, enforcement of the court judgment is another process that can be as daunting as the real litigation. These amongst others represent the difference in reality that the new wig experiences when he/she engages in the practice of law. In addressing these, self-development and continuing legal education for young wigs is an imperative because the law profession is very dynamic, requiring new wigs to keep abreast with recent happenings and developments to make a success of their career.
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4.3.3 Issues / Challenges
Legal Education Reform Legal education had the last reform through the Legal Practitioners Act (LPA) of 1975 and Legal Education Act (LEA) of 1976. It is overdue for another reform, as legal practise has evolved and changed significantly since those reforms.
Building a Sustainable Practice Legal practice is ever evolving and thriving and success in the legal profession requires knowledge of enterprise which includes a good understanding of the market, client relationship, consumer sovereignty, accounting and finance, economics, management, marketing and organizational behaviour. For example, legal services in the United Kingdom accounted for 1.4 percent (£35.1 billion) of UK’s total Gross Domestic Product (GDP) in 2018, while in the same year, legal services in the United States of America produced in revenue US$327 billion and in 2016, contributed 1.27 percent to its GDP. This underscores the contribution that legal services can make to the Nigerian economy that is desperately seeking for revenue diversification. In as much as business management skill is important, the passion for providing legal services is sine qua non for success. And new wigs must be willing to gain knowledge of and ability to deploy modern technological tools for legal research.
In building a sustainable practice, an in-depth understanding of when to use Alternative Dispute Resolution (ADR) mechanisms to manage conflicts between a client and another party is essential because litigation may not always be the most practical, efficient or appropriate remedy. With reference to professional fees, a compromise must be reached and agreed ab initio because the “10 percent consideration” is not sacrosanct as it may be sometimes necessary to give concessions in order to retain key clients.
Managing Ethical Issues in the Legal Profession The prevalence of unethical practices in the legal industry is not taught in Law School. Nevertheless, in the course of practice, new wigs are exposed to these and they are perplexed by observed violations of the Rules of Professional Conduct (RPC) in the course of business development. In fact, lawyers who ordinarily, according to the RPC, are not allowed to engage in other trades are frequently doing so as a form of additional income stream. Also, during litigation, it is common to find that the opposing counsel has lobbied its way to removing key evidence. This makes it imperative for lawyers to always have a Certified True Copy (CTC) of important documents. There are also sexual assault issues in the legal profession, and a lot more has to be done to protect female legal practitioners.
The Importance of People Skills Etiquette is critical to a good impression generally. Young lawyers however, do not realise that in building a successful career in the legal profession, an unflinching courtroom decorum, etiquette and respect for court and colleagues is needed and in fact can improve court experiences and ultimately create a strong brand reputation for them. Also, in executing clients’ mandates, they misconstrue that being a knowledge expert and a strong orator gives lawyers the right to be disrespectful. Great lawyers have strong interpersonal skills with high level of emotional intelligence and know when it is considered appropriate to apply these skills. The legal profession is considered tough and only those who can truly demonstrate these skills can thrive in the profession. 80 | P a g e
Health and Wellness of Lawyers The mental stability and wellness of a lawyer is directly related to his/her level of productivity. Secondary Traumatic Stress (STS) is rampant in the legal profession and it has led to alcoholism. As such, maintaining a healthy diet, exercising and going for medical check-ups will minimize the occurrence of STS. Similarly, young lawyers should learn the act of personal financial planning in order to have control over their finances.
Increased Competition in the Legal Profession Globalization, liberalisation and technological advancements have opened up the legal industry for encroachment by other professions. In jurisdictions like the United Kingdom (UK), alternative legal service delivery models, which engage non-lawyers, have been introduced. This is also in discourse at present in Nigeria which if implemented will further increase the competition in the legal industry. Also, internal competition is on the rise, as there are limited jobs for the increasing number of qualified lawyers (those called to the Nigerian Bar). Engaging in new practice areas is an opportunity for employment and growth.
With technological advancement, lawyer’s tools have changed and the reliance solely on the human factor is gradually dwindling. The use of technology has infiltrated the legal profession and legal opinions and services are now widely available online. The accessibility of this information has limited the need for lawyers in low value tasks. The blurred lines across markets have increased the scope for cross-border practice, leading to the growth of virtual law firms and increased utilisation of Alternative Dispute Resolution.
4.3.4 Recommendations
Reforms in Legal Education . Implement a continuous reform mechanism by rethinking the model of teaching, implementing legal clinics as a way of teaching, enhancing technological skills through various tools and incorporating in the curriculum of the Law School the practices and procedures of tribunals once they are created.
Lifelong Learning/ Continuing Education . The responsibility is on the lawyer to build confidence, skill and motivation to grow beyond his/her own expectations and to pursue lifelong learning. This can be achieved by attending public lectures, special seminars and workshops after Law School to build capacity. Young lawyers can enrol for postgraduate courses in specialized areas. . As legal practice is tending towards specialization, capacity can be up-scaled in new practice areas such Fintech, Cybercrime, Entertainment, Internet libel, Bioethics, E-Discovery. . Adopt a career mentor, guided by the area of practice of the senior lawyer and perhaps work as an apprentice in an established law firm before setting up own practice to gain invaluable experience. The exposure and network will be useful. . Develop specialised skills in law practice like project proposal writing and project financing. . NBA should upscale its CLE programs.
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Adopt Best Practices in the Legal Profession . Lawyers should treat the practice like a business by taking ownership of clients. Based on the needs of their clients, offer high-value services and deploy resources to clients that can afford to pay. . Lawyers should offer services in new practice areas to remain competitive in the multidisciplinary practice era. . Sexual harassment and assault cases should be addressed openly by lawyers and the NBA.
Exceptional Professional Development . New wigs should have sound understanding of the values of the profession and be cognisant of the evolving and dynamic operating environment in which knowledge and skills may become obsolete. However, values and principles remain enduring, including excellence, hard work, integrity and attention to detail.
Bill Appropriately . Capture billable hours by having detailed descriptions of billable items. . Explain and justify fees to clients by having clearly written fee agreements at inception. . Charge commitment fees. . Issue invoices bi-weekly or monthly. . Earn your retainership fees by providing high value service. . Withdraw from representation on non-payment of fees.
Research and Analysis Excellent research skills are critical to the success of a lawyer. Finding the right solutions for clients requires extensive research that involves: . Knowledge of laws, rules and institutions. . Knowledge of and ability to use the most fundamental tools of legal research. . Identifying and formulating legal issues. . Formulating relevant legal theories. . Elaborating legal theory. . Evaluating legal theory. . Making legal arguments.
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4.3.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Implement Legal Clinics in the Law School. Law School . Incorporate Tribunal’s practices and Reforms in legal . Continuous reform of legal NBA procedures in the curriculum. Law School education education. Body of . Embrace and adopt technology in teaching Benchers methodology.
. Attend public lectures, special seminars and workshops and/or enrol in postgraduate courses with law specializations to build confidence, skill and motivation. . Upscale knowledge and skills in new areas of legal practice such as Fintech,
Lifelong learning Cybercrime, Entertainment, Internet libel, Lawyers, NBA,
Bioethics and E-Discovery. . NBA should upscale its CLE programs. . Lawyers should adopt career mentors within similar areas of practice. . New wigs should work for established law firms before establishing their practice to gain invaluable experience.
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. Gain business enterprise knowledge for Adopt best Lawyers effective operation of the legal practice. practices NBA . As a matter of urgency, address sexual harassment and assault issues.
Billing of . Provide detailed descriptions of billable . Law firms professional fee items with clearly written fee agreements ab initio.
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4.4 Keeping Up with the Creatives
4.4.1 Objectives
. To share intelligence and actionable insights that will articulate the opportunities in the creative industry and how it can engender economic value within the Nigerian economy.
4.4.2 Introduction It is generally acknowledged that the creative industry is one of the fastest growing industries across the globe and that it engages mostly the youths and millennials. Technology and digital transformation are the major drivers of this disruption, changing the level of engagement and revenue model for the industry.
Recognizing the growing interest in sports, it is obvious that the sports industry will continue to thrive even when there is a slowdown in other sectors. There are opportunities in the sports industry that can be harnessed to create more economic value, especially at a time that Nigeria needs to diversify its income. There are three disruptive forces in the sports media market and these are, ongoing proliferation of new platforms, ubiquitous access to sports content through mobile devices, and rights-holders changing their distribution strategies to establish direct relationships with their loyalists (fans). Nonetheless, the sector is fraught with issues that prevent it from yielding a reasonable return that will drive economic development and business interest.
Another factor responsible for this major shift and current disruption is the advent of the search engine, ‘Google’ and ‘data’ as the most valuable resource. In recognition of the wide-ranging potentials of the creative industry, Nigeria should engage and foster a Public-Private-Partnership (PPP) arrangement that will effectively harness the full capacity of that sector. Likewise, lawyers should keep abreast of trending and disruptive changes taking place across that industry.
4.4.3 Issues / Challenges
Lack of appropriate Policy, Legislation and Regulation for Sports There are no regulatory framework and policies that support the development of the value chain of the sector because of the misperception of sports by the government as a purely participatory endeavour as opposed to it being an economic contributor. This has resulted in neglect of the industry in economic policy discourse.
Substandard Infrastructure in the Nigerian Sporting Industry Development of the sports industry will remain a mirage if the infrastructural deficiencies are not addressed. This is made worse by the lack of maintenance of the few available infrastructures.
Inadequate Funding and Investment in Sports Governments do not take cognisance of the importance of the sector in adopting innovative investment models that can attract foreign investors into the sector.
Limited Capacity The ability to create local content demand and develop great sports content is impaired. This is due to the limited number of trained administrators and coaches that can drive the envisaged development. Also, there are no supporting structures that embolden coaches to train at the grassroots, which in the long run can cause the dearth of capacity in the sector. Capacity building of sports personnel should be prioritised to ensure change adaptation.
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Disruption 2.0 affecting the Services rendered by Lawyers The interference of digital technology in the way lawyers render their services to consumers has caused dramatic disruption. The introduction of artificial intelligence and digital technology has affected the process of services rendered, including trademarks, copyright, patent right, among others, and this would ultimately render certain positions in law practice expendable.
4.4.4 Recommendations
Infrastructural Development and Industry Reform Government should reinvigorate its commitment to improving the grassroots facilities in sports venues across the country to foster sporting engagement. As a way of generating more revenue, deliberate initiatives to reform the sector and drive investment in infrastructure/facilities (e.g. one sport venue per local government area) should be put in place.
Adequate Funding The government should adopt innovative investment models that can attract foreign investors to the sector and also establish a special funding mechanism with private sector intervention.
Capacity Building Train administrators, coaches, and key staff to respond positively to the disruptive changes and raise the standard of Nigeria’s professional leagues and events.
Lawyers need to be versatile and start interrogating laws that affect the creative industry. With the growing concern of customers, lawyers need to be more conversant with the terms and clauses in creative contracts. Nigeria appears not prepared for this level of disruption, and to pre-empt these disruptions, lawyers themselves will have to be creative.
Market Capitalization The prospects for the sports sector is projected to change dramatically and positively over the next 10 years and Nigeria can be a beneficiary if it leverages its population size which is a huge market potential for the envisaged disruption. Nigeria only needs 30 percent of its population to achieve this!
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4.4.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Improve the grassroots facilities in Federal sports venues across the country. Government / Infrastructure . Reform the sector and drive State development investment in infrastructure of facilities Government/ (e.g. one sport venue per local LGAs government area).
. Provide adequate funding for sporting development. Federal . Intervene and collaborate with . Adopt other innovative investment Funding Government/ Government in developing innovative Private sector models to attract foreign investors into NFF funding mechanism. the sector. . Establish a special funding mechanism with private sector intervention.
Market . Leverage on the population and NFF capitalisation professionalise the league to create more content.
. Set policy standards for Nigeria’s professional leagues and events. Prioritise capacity building for sports . Lawyers should be in tune with the Capacity Building . NFF NBA personnel. laws that regulate the sector and the . Train administrators, coaches, and key developments thereat. staff to respond positively to disruptive changes.
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4.5 Law Clinic: Technology, Eloquence, Branding, Millennials and Practice Management
4.5.1 Objectives
. To analyse and discuss the importance of public speaking in the law profession. . To advocate for the use of Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) by lawyers. . To project what the future of mediation will be in Nigeria. . To enlighten lawyers to leverage technology in expanding their client base, target specific audience relevant to their businesses and also take their services to the global level. . To empower lawyers with skills needed to succeed in the 21st century legal profession. . To energise the entrepreneurship mindset in lawyers that will help them run their firms successfully, profitably and in a professional manner. . To increase the exposure for law firms to reach new markets.
4.5.2 Introduction
In a world where lawyers are expected to be able to express their thoughts in words freely and convincingly in defence of the rule of law, public speaking should be priority. A 2018 survey conducted by Career Balance (New York, USA) reported that oral communication/public speaking came out top of legal skills needed by lawyers to succeed in the profession. This, therefore, makes public speaking an essential skill for law practitioners that want to be outstanding, as it is eternal, obligatory and universal. Lawyers should devote time, energy and attention in mastering the skill of public speaking.
In resolving disputes among parties, the Alternative Dispute Resolution (ADR) is a better method in reducing the overwhelming workload and backlog of cases in the dockets of Judges that makes justice slow to serve. The ADR has brought about increased public awareness of rights, helped in resolving long-awaited trials, and also reduced excessive adversarial, lengthy and costly trials. Lawyers are encouraged to explore Online Dispute Resolution (ODR) which has helped in resolving issues faster, especially whenever distance is involved, as this is the future. New developments in mediation include the use of Artificial Intelligence (AI) to actively assist parties to reach an agreed resolution through the use of AI algorithms in place of a human mediator. Examples of robot mediators powered by AI are Smartsettle One and Smartsettle Infinity.
The Multi-Door Court House (MDCH) is an initiative of the ADR, which has now been embraced by 16 States of the Federation. Some notable impact of the Lagos Multi-Door Courthouse (LMDC) Lagos Settlement Week (LSW) from years 2016 to 2018 include the speedy recovery of total claims of N31,370,777,683.80, savings in legal fees, reduced management time for corporate litigation, inconveniences associated with servicing litigation, etc. During year 2018 LSW, 1,068 cases were mediated and settled out of the total 3,223 referred cases for the year, indicating a settlement rate of 60.03 percent.
Migrating to digital channels of communication will help lawyers get access to more clients and boost revenue of their firms in this 21st century. Increasing brand awareness such as creating a website, branded social media channels, Google business account, and even podcasts have measurable feedback from clients, and also disseminate information rapidly as against the traditional method of communication. These channels are inexpensive and engaging. Law firms are also encouraged to use collaborative IT tools such as the Google Suite and Slack in order to enhance teamwork.
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Business support service is also an aspect of the law profession that is very important in defining the success of a law firm, as law firms are not managed on technical management alone but on sound business skills, knowledge and practices. Practice management, therefore, deals with the business aspect of law firms, and it is the only route through which a law firm as a business will be profitable and survive as only a well-run business can be effective and efficient. Competence should be developed in business development, management and accountability. Partners’ responsibilities must be well structured.
Law firms are encouraged to consciously and consistently analyse and refine their brand identity in order to be distinguished from the rest.
4.5.3 Issues/Challenges
Accent or Diction of Lawyers In public speaking, there is always the challenge of imitating other people’s Western accent or diction. Most public speakers believe that if they don’t speak like the Caucasians, their presentations would not be accepted by their audience. This is however a myth, as public speakers should be proud of their mother tongue and focus on their diction, instead of their accents.
Judicial System In Nigeria, most lawyers and judges prefer the litigation route to other dispute resolution methods because the latter are seen as major threats to the legal profession in terms of their revenue generation. Though the Legal Practitioners’ Privileges Committee and the Nigerian Judicial Council (NJC) are aware of the ADR, but it is still contentious because consent judgment is not recognised as full judgment by the courts, making lawyers reluctant to embrace ADR.
Limited Mediators The number of mediators in Nigeria is very much limited when compared to the number of disputes; only qualified and trained mediators are permitted to practice ADR.
Slow Acceptance of Multi-Door Court Houses (MDC) in Nigeria There is slow adoption of MDC across the nation as only 16 States have embraced these courthouses as at August 2019.
Funding of Multi-Door Court Houses (MDC) Lack of funding for the MDC has impeded the successful implementation of the ADR in Nigeria, and it has not been prioritised by most State Governments.
Inadequate Awareness of ADR There is limited scope for ADR in the curriculum of the Nigerian Law School, causing low awareness at the grassroots level and even among senior lawyers. Also, the public is not adequately educated on alternative methods of resolving disputes beyond litigation and resort to the judicial court system.
Cybercrimes Increased cybercrimes such as identity theft, phishing scams, data theft and malware viruses has limited the use of IT platforms and the adoption of contemporary technology by some law firms. About $12.5 billion in global losses has been recorded since 2013 as a result of cybercrimes.
Poor Management by Partners One of the major reasons why no law firm in Nigeria has existed for up to and longer than 100 years after incorporation is because of poor management. Although partners may have deep knowledge 89 | P a g e
in law and its defence, they mostly fail to build specialised skills or employ people with expertise in strategic business management, business development, financial management, facility management, etc.
Poor Branding The brand equity of Nigerian law firms is lower than most professional firms in other sectors. Though law firms in Nigeria are not allowed to advertise their services, there are no rules or professional conduct that prohibits firms from properly branding their services to gain higher patronage, as branding leaves a lasting experience in the minds of present and prospective clients.
4.5.4 Recommendations
Legal Practice . Lawyers should invest their time to learn and sharpen their public speaking skills. . Lawyers should buy-in to and promote mediation and other ADR processes. . Law firms should tailor their services to areas of high demand by the market. . Lawyers should learn as many business skills as possible to boost their firms’ profitability and sustainability.
Technology . Lawyers should go digital, as against running on the traditional analogue technology. . Lawyers should maximise the understanding and proper application of AI, robots and other technology applicable in the legal profession.
Funding and Awareness . The Federal and State Governments should adequately fund multi-door courthouses. . The Nigerian government and the NBA should carry out continuous awareness programmes on MDC.
Judiciary . The NJC should encourage and promote the use of ADR and ODR, and consent judgments should be considered in determining if a lawyer qualifies for the silk.
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4.5.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. The NJC should encourage and National promote the use of ADR and ODR. Judicial Judiciary Consent judgments should be Council considered in determining if a lawyer Supreme Court qualifies for the Silk. LPPC
. There is need for the State and Federal . Intensify continuous public awareness Awareness and Federal Governments to increase Government / programmes on ADR and ODR among NBA Funding funding for the continuity of ADR. State members. . Intensify continuous public awareness Governments on ADR and ODR. . Encourage the adoption and use of National . Encourage the adoption and use of Technology contemporary technology by Judges, Judicial contemporary technology by lawyers and NBA application lawyers and law firms. Council law firms.
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Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility National
Amendment of Assembly / . Amend the Evidence Act to admit . Advocacy on the amendment and NBA Evidence Act 2011 National Judicial adoption of the Evidence Act electronic evidence in litigation. Council
. Reconsider the principles and rules of the Evidence Act to admit electronic Electronic evidence as primary evidence and not Judiciary Evidence secondary evidence. . Give lawyers the opportunity to provide digital evidence before the court.
Certificate of . Expunge the requirement of producing Judiciary Authentication a certificate of authentication on any evidence produced before the court.
NBA Cybercrime . Improve technical skills for lawyers in Legal Practice analysing forensic evidence.
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Chapter 5 International Trade in Legal Services, Economy and Business
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5.1 Cross-Border Trade in Legal Services: Current Realities and Future Possibilities
5.1.1 Objectives
. To assess and acknowledge the different modes of cross border legal services delivery currently in practice in Nigeria. . To proffer practical solutions to the operational and regulatory challenges highlighted in the supply/demand for legal services in the different models and give assurances to allay fears of competition from foreign law firms. . To develop a policy statement on inclusion of experienced Nigerian trade lawyers in trade negotiations for the country. . To develop a policy statement on amendments of applicable laws to provide clarity on types and degrees of market access and guiding principles for trade in services including digital trade in legal services.
5.1.2 Background
The operating landscape of the legal profession has evolved in line with the digital revolution globally. Cross border legal services in particular have been accelerated by this digital revolution led by the use of emerging technologies like Artificial Intelligence and Virtual Assistants in automating the processes and upscaling the number of clients law practices can serve. These technologies have also aided the judiciary in the handling of court cases by digitizing court processes and proceedings to enable case recollection and management. Increased connectedness between jurisdictions which is enabled by this digital revolution is different from what the traditional advisers are used to. Historically, companies typically took their legal advisers with them as they move into new markets; however, these lawyers face challenges in practicing in new jurisdictions because of the local laws. The clients therefore want seamless deal execution between the legal advisers they trust in their host country and the law firms in the Nigerian market. Law firms have managed this complication by having loose alliances, alliance networks or formal exclusive relationships and adopting international best practices in managing their clientele. Going forward, local law firms are opening up to foreign legal practices because they believe they can remain competitive because of their low fees. However, the advent of digital technologies has reduced foreign demand for local firms to handle basic processes like documents drafting and review. The challenge now is how best to handle the legal and ethical implications of digital revolution and its impact in the provision of legal services in Nigeria. Furthermore, how can Nigeria balance the sustainability of its domestic law practice firms with their competitiveness internationally?
Digital practice models are presenting operational challenges for traditional advisers. In a rapidly globalizing world, law practices are increasingly borderless in their operations allowing early adopters to take market share from traditional practices. This disruption has begun at the retail end by leveraging their technology platform to enable Small and Medium Scale Enterprises (SME’s) access legal services at large scales; these digital platforms offer one to many (rather than one to one) services and use price discriminating techniques to meet the needs of different demographics. In the medium term these digital first practices will move up the value chain beyond the retail end.
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5.1.3 Issues / Challenges Protectionist Legal System . The Nigerian legal profession actively excludes foreign lawyers (with bar admission) from practicing in Nigeria. Foreign trained lawyers are excluded under the LPA (Legal Practitioners Act) and RPC (Rules of Professional Conduct) unless they are admitted into the Nigerian Bar or receive exemption (Section 2(2-4) LPA). Nigerian lawyers are also forbidden from entering into law partnerships or sharing fees with persons not admitted to practice law in Nigeria (Section 3(1)(c) RPC 2007). Impact of AfCFTA on the legal profession remains unclear . The impact of the ratification of the African Continental Free Trade Area (“AfCFTA”) Agreement on legal services is not fully understood in Africa. The historically difficult process involved in cross border practice has cast strong doubts on how pan-African law practices can be established. Currently, this is managed by foreign law practices by establishing formal/informal ties with local players. Nigerian law firms also find practicing in other African jurisdictions difficult given the fact that most of them practice civil law and are non-English speaking countries. Proliferation of technology . Technology has become a tool used by law practices to replace persons carrying out mundane tasks like research, drafting and review. Machines now shorten the due diligence/ discovery process and strengthen trust in the legal profession by using smart contracts. These new technologies allow lawyers focus more on more creative tasks like strategic advisory and relationship management. 5.1.4 Recommendations Embrace technology . Courtrooms should adopt technology to enable witness’ delivery testimony via video, allow lawyers present cases on built-in monitors, strengthen prosecutor’s evidence review and implement an e- filling system. . Law practices should invest in technology to automate processes, reduce execution time, serve more clients and implement alternative billing systems. Manage job losses . Lawyers are expected to up-skill by learning how to use new technologies to serve clients better. . Introduce technology modules to the Nigerian Law School curriculum. . Federal Government should engage locally trained lawyers in complex transactions like trade deals. Take advantage of the AfCFTA . Standardize lawyer training across African jurisdictions and allow for mutual recognition to harmonize practicing around Africa. . Promote African Union (AU) protocol on free movement of people. Review and Amend Laws . Set up a committee in the NBA to develop a legal framework for cross border practice. . LPA 2004 should be amended to allow foreign lawyers engage/conduct business. . The Ministry of Justice should modify the RPC.
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. NBA and IBA (International Bar Association) should collaborate to develop digital practice regulations. . Law practices should continuously engage with the regulators.
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5.1.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Office of the Attorney- . Amend extant laws and draft new . Engage with the Government to draft General of the Review and amendments to the existing Legal laws to accommodate innovative Federation NBA Amend Laws Practitioners Act and/or draft new structures and models in the legal . Solicitor- ones to be enacted. profession. General of the Federation . Government trade negotiators . Government should engage the NBA and the Trade . Study the agreement, fully Office of the Attorney-General of Negotiators understand the opportunities it the Federation in AfCFTA . Office of the presents and be well-prepared to . NBA Manage job losses negotiations on services. Attorney- . Legal take full benefit of AfCFTA. . Review the Nigerian Law School General of the practitioners . Upskill by developing capabilities in curriculum to reflect the realities of Federation digital service delivery. the industry and global . Nigeria Law School competitiveness. African Continental . Office of the . Standardize lawyer training and allow Free Trade . Promote free movement of people Attorney- for mutual recognition . NBA Agreement in Africa General of the (AfCFTA) Federation . Invest in technology Embrace . Digitize court processes . Federal . Legal Technology Government . Offer digital legal services Practitioners
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5.2 A New Era in No Boundaries – The Intellectual Property Age of Ideas and Solutions
5.2.1 Objectives
. To extensively discuss the place of Intellectual Property (IP) in the world, especially for developing countries like Nigeria. . To explore how it can help achieve national objectives and create advanced solutions for economic growth and development.
5.2.2 Introduction
In a knowledge-driven economy, the protection of Intellectual Property (IP) rights is of importance in the development of the economy. As a nation, Nigeria has not accorded Intellectual Property much attention, given the existing institutional framework and structure that govern the administration of IP. For Nigeria to leverage its global competitiveness and engender sustainable development, a review of its IP laws and policies is needed. Impact indicators for developed economies that have harnessed and built on the power of Intellectual Property include economic visibility, low poverty, viable businesses and sustainable development, etc.
To achieve the full benefits of IP, there must be a vibrant connectivity and efficiency of a knowledge system that is hinged on science, technology and innovation. This will minimise absolute/extreme poverty by fostering access to food security, decent shelter, basic education, potable water, etc. as well as create access to opportunities that will lead to prosperous, happy, safe and fulfilling life, and invariably a knowledgeable society that is built on great values.
5.2.3 Issues / Challenges
Inadequate Policy by Government on Intellectual Property (IP) . The absence of a robust IP policy has limited the beneficial impact of IP on investments and other developmental gains. The Registry of Patent and Design, and the Registry of Trademark should be collapsed into a single commercial law enactment. Sufficient time and financial resources should be committed into formulating a national IP policy for Nigeria, while governance (both political and economic) should be seen as intellectual enterprise.
The Low Interest shown by Lawyers in the Field of IP . Many Nigerian legal practitioners do not show much interest in IP practice due to the impediments that hobble IP in the country. This notwithstanding, capacity should be built to leverage the opportunities inherent in AfCFTA.
Non-acceptance of Local IP by Big and Successful Businesses . The non-acceptance of local IP contents by big and successful businesses in Nigeria is a major threat to locally registered IP owners. There is reduced confidence in IP registered locally due to the perception that they are inferior when compared to foreign-registered IP or an IP right that is accorded protection in Nigeria.
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Lack of Coordination . Lack of synergy between science, technology and innovation has weakened commercial and technological development. The curriculum of educational institutions in Nigeria is deficient in learning and provision of organized Intellectual Property rights.
Lack of Funding . The otherwise lucrative, creative industry in Nigeria is unable to attract sufficient funding because most creative ideas are not IP protected and investors see little reward for their investments.
Myopic Thinkers and the Relegation of our Culture . The relegation of Nigeria’s cultural heritage and artefacts is a major challenge in IP rights in Nigeria. Creativity is also lacking in harnessing an estimated $1billion worth of opportunities that are presently untapped in that industry. Commitment, competence and firmness are needed to build capacity in Nigeria, especially in the public sector.
5.2.4 Recommendations
Policy Formulation . Government should develop policies specifically for Intellectual Property rights and protection in order to successfully drive the administrative framework of IP in Nigeria.
Funding . The Government and the private sector should adequately finance and invest in Intellectual Property.
Awareness Creation . All stakeholders should create awareness about how IP can be harnessed to create solutions to economic challenges. . Reorient businesses in Nigeria to engage indigenous registered IP in business systems. . NBA should provide platforms for lawyers to constantly develop interest in and enrich their knowledge on Intellectual Property rights from time to time.
Collaboration . There is need for proper organisation and collaboration between science, technology and innovation in order to enhance intellectual property in Nigeria.
Capacity Building . Developing countries like Nigeria should learn from developed countries in nation-building and Intellectual Property protection. . Educational institutions in Nigeria should prepare students to adapt and surpass societal expectations, especially on Intellectual Property. . Lawyers should study and fully understand the AfCFTA, as this would open up opportunities for Intellectual Property (IP) in Nigeria and Africa at large.
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5.2.5 Priorities and Required Action Steps Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Ministry of . Develop IP policies that will Industry, Trade IP Policy serve as an administrative and framework in Nigeria Investment . Relevant agencies
. Ministry of Education and . Update academic and legal Education awareness curriculum to create necessary . Government awareness for IP registration. . Nigerian Law School
. Provide platforms and symposiums Capacity NBA for capacity building in this area of Building the law. . Train and retrain members
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5.3 Brexit: Potential Impact on Africa Trade and Investment
5.3.1 Objectives
. To discuss the broad strategy of Africa, with emphasis on Nigeria, and how best it can capitalise on opportunities presented by Brexit. . To explore the role of lawyers in expanding trade and investment.
5.3.2 Background
In 2016, the United Kingdom held a referendum to either remain or leave the European Union. They voted to leave by a vote of 51 percent to 49 percent and since then, the UK economy has been gloomy due to the accompanying uncertainty. The macro indices of the UK economy have been on a steady decline since then. For instance, in 2014, the UK economy grew by 2.9 percent, 2.3 percent in 2015, 1.8 percent in 2016, 1.8 percent in 2017, 1.4 percent in 2018, and 1.2 percent in 2019. Clearly, the fear of a no-deal Brexit has adversely affected the UK economy.
The impact of Brexit will be different for various industries. The hardest hit will be those with minimal operational and regulatory complexity, such as the manufacturing industry with minimal levels of regulatory complexity and a high degree of supply chain and operational complexity. In 2018, the UK made 1.25 million cars, 80 percent of the cars were exported, and 50 percent of the exported cars were exported to Europe. Financial services will be the least hit by Brexit due to its complex products and regulations.
The UK is interested in ramping up its relations with Nigeria and Africa, with growing concerns over security and health. The development of UK’s strategy will focus on Africa as a conduit for promoting global prosperity and global security, which is demonstrated by growing UK investments in Africa through CDC Group PLC that has already committed £3 billion in Africa.
5.4.3 Issues / Challenges Africa’s Low Share of UK Trade . Africa is not competitive as an economic bloc, accounting for less than 4 percent of UK trade and less than 10 percent of UK’s investments. UK trades mostly with Europe, with eight of their top-10 trade relations in Europe, and China and the USA making the rest of the top-10. Brexit has however, opened a window for Africa-UK trade relations.
Out-dated Investment Promotion and Protection Agreement . The investment promotion and protection agreement signed with the UK in 1990 is overdue for revision. Wide consultations must be made to strengthen this trade agreement, giving Nigeria opportunity to plug in its high-value products and services in the value chains vacated by the countries affected by Brexit.
Overdependence on Crude Oil Exports . Nigeria is highly dependent on earnings from crude oil, which is a commodity driven by exogenous factors. Crude oil represents about 90 percent of Nigeria’s exports, while UK imports 8 percent of Nigeria’s crude oil and 10 percent of LNG valued at $5 billion dollars annually.
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Untapped Remittance Market . An extensive review of remittances shows its potential as an effective source of growth in Nigeria. UK remittance into Africa in 2018 was $6.8 billion, with $4 billion going to Nigeria. The high value of economic activities by Nigerians in the UK present great opportunities.
5.3.4 Recommendations Strengthen Economic ties with the UK . Given the UK’s goal of positioning itself as Africa’s top trading partner and top investing partner by 2022, Nigeria should position itself as a high-value partner in the continent.
Drive Foreign Direct Investment . Articulate a more holistic approach to expanding trade and investment relations in non-oil sectors into an investment strategy that boosts investors’ confidence in the economy. Such non-oil sectors include notably manufacturing, agriculture, mining, technology and tourism.
Increase Ease of Doing Business . Carry out reforms at the national and subnational levels on enforcement of contracts, streamlining regulatory procedures and fraud to improve Nigeria’s rating in the ease of doing business rankings.
Diversify Exports . The Government should adopt agriculture and power as priority areas if it indeed wants to diversify Nigeria’s export base. Agriculture affords quick-wins in export diversification; commodity exchanges can play an important role in facilitating this. . Fixing power unlocks medium to long-term value for Nigeria in sectors like manufacturing, technology, mining, tourism, education and sports.
Capacity Building . Trade lawyers should up-skill by participating in workshops, events, seminars and conferences targeted at trade. By so doing, they will be abreast of the latest developments in international trade policies. . International trade lawyers can play advisory roles to Nigerian companies with EU-UK exposure as these will need help with their compliance with trade regulations such as tariffs, taxes and customs. Lawyers will also play a major role in dispute resolution.
Amend the Investment Promotion and Protection Agreement . Amend the Investment Promotion and Protection Agreement signed with the UK in 1990 in line with global best practices. Tariff and non-tariff barriers to trade should be considered when crafting the new agreement.
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5.3.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility Competitiven ess . Effect legislative reform at the
national and sub-national levels on . Advocate the honoring of enforcement of contracts, . Federal and contracts and engage with law streamlining of regulatory procedures State firms on how to actualize this. . NBA and fraud. Governments . Continuously interface with the . Design an investment strategy to regulatory authorities on ease of expand trade and investments doing business. relations in the non-oil sectors.
. Adopt agriculture and power as Diversify priority sectors that would enable the . Federal
Exports diversification of the export base. Government . Incentivise players within these sectors.
. Trade lawyers should upskill their Capacity . Legal knowledge and keep abreast of Building Practitioners global and recent developments in trade.
Promotion . Amend or draft new Investment and . Federal . Consult and support the crafting of Promotion and Protection Agreement . NBA Protection Government the agreement. with UK in line with global best Agreement practices.
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5.4 Liberalisation of the Aviation Industry: The Key to Africa’s Future Development
5.4.1 Objectives
. To investigate the causes of infrastructure deficit and the steps to be taken by African nations to improve aviation infrastructure development, using Cote D’Ivoire as a case study. . To discuss the general impact of liberalisation in the Aviation industry and further examine the Single African Air Transport Market (SAATM).
5.4.2 Introduction The African Union (AU) at its 18th Ordinary session in Ethiopia 2012 adopted the establishment of the Continental Free Trade Area (CFTA) which was subsequently launched in 2018 during the summit in Kigali (“Kigali Declaration”). After this, AfCFTA came into force on 30th May 2019 for the twenty-seven (27) countries that had deposited their instruments of ratification. The exception is Eritrea which is yet to sign the consolidated text of the AfCFTA Agreement in Africa. The benefits of signing AfCFTA for Nigeria include the creation of the largest continental market for services and goods, enhanced free movement of investments across the continent, and increased competitiveness of the economies of State Parties.
The AfCFTA Protocol is in two phases. Phase 1 operates and has created a liberalized market for trade in goods and services to boost intra-African trade through progressive elimination of tariffs and non- tariff barriers, while Phase 2 is still in negotiation and will address competition, intellectual property right and investment. It will also establish a Dispute Settlement Body (“DSB”) which has the authority to establish Dispute Settlement Panels (“DSPs”) and an Appellate Body. Protocol governs the procedures for establishing DSPs, adjudicating disputes between States, including the rules that will govern these processes.
However, the most relevant to the aviation industry is the Protocol on Trade in Service which aims to progressively liberalize trade in services by creating an inclusive and integrated single services market, which will ultimately result in improvements in the economic and social wellbeing across all sectors in the continent. The overarching aims of the agreement with respect to services include enhancing competitiveness of services, fostering investments, and accelerating industrial development. Its Protocol applies to all services, except for measures affecting air traffic rights, however granted, and services directly related to the exercise of air traffic rights. This explicitly refers to Yamoussoukro Decision (YD) and Single African Air Transport Market (SAATM).
Liberalisation applies to aircraft repair and maintenance, selling and marketing of air transport, and computer reservation system services, except those supplied by governments on non-commercial basis or when not in competition with one or more service providers. Member States need to harmonize their air transport policies, adopt full implementation of agreed treaties, and promote proper integration of air transport in Africa.
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5.4.3 Issues / Challenges
Inadequate Funding . The aviation industry is capital intensive. But funding is a major issue in Africa as a whole, and most financial institutions in Africa are not able to give financial guarantees required by airline operators to purchase new aircrafts.
Infrastructure Deficit . Lack of proper infrastructure in most African States has caused increased operating expenses for operators, as most airport infrastructure are outdated and unable to serve the growing number of users. Lack of electricity makes maintenance very expensive; lack of transit facilities, poor runways and terminals also make aviation business more difficult in Africa compared to other parts of the world.
Lack of Aviation Expertise . Africa lacks competent aviation manpower. Pilots and technical aviation personnel keep relocating to other continents in search of better opportunities.
Poor Maintenance Culture . Most African countries lack maintenance culture, as they are more reactive than proactive. There is generally poor periodic maintenance carried out both on the equipment and infrastructure at large.
Poorly Drafted Aviation Agreements . Infrastructure management and operation agreements do not benefit from legal expertise at the contractual stages, resulting in badly drafted agreements with wrong implementation and poor maintenance follow-ups particularly as it relates to (but not limited to) the funding application by mostly incompetent aviation process managers.
Slow Implementation of the Yamoussoukro Decision (YD) . Liberalisation of Africa’s aviation market remains uncompleted because of slow and partial implementation of the YD, the full implementation of which was aimed at a single African air transport market. The industry remains highly regulated with several restrictions on most African airlines.
Other Challenges: . Non-clarity of issues to be covered by the Aviation Tribunal set up to adjudicate disputes. . Accreditation and recognition of certificates does not consider language barriers under the protocol of free movement of persons. . Lack of proper definition of competition rules on a pan-African level e.g. whether to use domestic law or international law in dispute resolution.
5.4.4 Recommendations Government Interference and Intervention . Improve the ease of doing business in aviation, reduce government interference and involvement, and give private airlines operators’ incentives to boost their operations. . Address the operational challenges facing Nigerian-owned private airlines such as operational limitations and inordinate taxes of Nigerian-owned airlines in other countries. Nigeria and other African governments should protect their own.
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. Invest in and maintain aviation infrastructure to make Nigeria a better and competitive environment for aviation business. . African States should fully implement the YD to eliminate restrictions, and to also expedite issuance of uniform travel passports that would guarantee true freedom of movement and investments.
Capacity Building . More attention should be given to general aviation capacity development programmes which will produce more jobs in the aviation sector.
Legal and Dispute Resolution Framework . Clarify urgently the legal framework of both YD and SAATM by emplacing appropriate dispute resolution mechanisms.
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5.4.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
Infrastructure Federal . Invest in and maintain aviation Development infrastructure. Government
. Aviation operators should invest . Aviation Capacity . Conduct general aviation Federal more in staff development. Operators Building capacity development Government . NBA members should develop . NBA programmes nationwide. capacity in the aviation sector to be fully prepared for its opportunities.
. Nigeria to jointly work with Dispute Federal . Advocate for appropriate dispute member States in ensuring that NBA resolution Government resolution mechanisms. appropriate dispute resolution mechanisms are emplaced.
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5.5 Expanding your Legal Practice Offshore
5.5.1 Objectives
. To make a business case and enlighten the audience on the opportunities in legal practice across other jurisdictions. . To highlight the different approaches to expanding offshore, the issues to consider before taking such crucial decision and the rewards attached thereto.
5.5.2 Background
The global market for legal services is very dynamic and it continues to expand. With a projected growth rate of 5 percent, the market size of the industry is expected to grow from around US$850 billion in 2017 to US$1 trillion in 2021. According to the Business Research Company, the global legal services market is highly fragmented with small and large firms alike. The African legal market holds huge potentials and should be explored as the African Continental Free Trade Area (AfCTA) Agreement will influence legal operations in Africa when it is fully implemented. In spite of the restrictions on foreign law firms to practice in Nigeria, many Nigerian law firms are now taking on networks and alliances with foreign firms, either formally or informally while new commercial law firms are also emerging.
It is apparent that the expansion of legal services offshore offers local law firms access to a larger client base, increased shared resources and knowledge, improved branding, and profitability boost. These promises notwithstanding, due diligence must be exercised and considerations that must be put in perspective include practicing membership fees, cost of expansion, restrictions, robust administrative capacity, higher standards in quality of work and expectations of clients etc. Once a business case has been established, local firms that aspire to expand their legal services offshore have a wide range of platforms to do so. These include forming strategic alliances and networks, building international working relationships through referrals, secondments, establishing offices offshore, merger and acquisitions (M&A) and franchises.
With a future-facing perspective, the ambition of legal practitioners should go beyond their local market to becoming lawyers without borders.
5.5.3 Issues / Challenges
Restriction on Legal Practice . Most foreign investors in Africa seek legal services from foreign law firms or foreign networks in Africa. Although foreign law firms are restricted from engaging in legal practice or providing legal services in Nigeria without approval from the Supreme Court, some of them have proactively set up African units in their respective firms with the aim of exploring legal service opportunities in Nigeria and other major African countries. The law does not permit partnerships between local and foreign lawyers in Nigeria.
The Changing and Competitive Legal Market . The global legal market is changing rapidly and becoming more competitive. Within Africa, the big four accounting firms have penetrated the legal market. Globally, new methods such as artificial intelligence are being deployed by competing law firms to deliver legal services. DLA Piper, an
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international law firm, operates in over 40 countries within 15 global sectors. The company has over 4,000 lawyers and specialises in 8 global practice areas. Medium and small law firms will find it difficult to compete with these firms on a global scale if deliberate action is not taken to increase their international reach.
Dearth of Specialisation in the Nigerian Legal Profession . Specialisation is one of the major strategies for penetrating the global legal services scene. The Nigerian legal profession is very fragile and largely underdeveloped in certain specialised areas, especially where there is dearth of judicial precedent and an abundance of archaic statutes. The Nigerian legal market is currently dominated by the traditional litigation practices and commercial law firms.
Integrity Issues . Integrity is of critical value when expanding legal services offshore. A law firm that is characterised with fraudulent practices will find it difficult to operate in the global legal space. There are cases in Nigeria where law firms fail to remit clients’ funds and inflate contract prices to keep the difference. When such sharp practices are extended to international clients, the law firms will consequently be blacklisted. Transparency is a core value in dealing with foreign clients.
5.5.4 Recommendations
Review Syllabus for International Practices . Nigerian universities and the Law School should review the current syllabus to prepare lawyers for international practices and employments with or appointments at international agencies and international courts of law.
Network . The alignment of legal practitioners with international firms is the most effective strategy for becoming global players in the legal market. Medium-sized firms can join global legal networks. Alliances with networks like the Africa Legal Network (ALN) will be beneficial for growing domestic legal businesses. In partnering with international networks, local firms should endeavour to sign agreements and collect payments in advance. Referrals can be exploited as a means of expanding local clientele in the international space. Some networks organise exchange programmes and marketing events to take advantage of offshore networks.
Adopt Pupillage Style of Learning and Specialise . Local law firms should develop in-house competencies in different areas of specialisations, which range from real estate, business, energy, financing, structure, HR, and risk finance law with a good team of qualified lawyers. Young lawyers should utilise the initial phase of their practicing careers to get requisite experience from their senior colleagues.
Deliver High Standard Legal Services and Build a Strong Brand . Legal practitioners should uphold high standards, develop very strong brands that depict expertise and grow good relationships with foreign clients. They must act with all sense of responsibility and integrity. The professional fees must be reasonable and commensurate with the work they do.
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5.5.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Law School / Legal Education . Upgrade the legal practice curriculum Faculties of Law syllabus to prepare lawyers for international across Universities practices and appointments.
Network . Join global networks and build . Law firms networks with global law firms.
. Adopt pupillage style of learning and . Young lawyers Capacity building build competence and capabilities in . Law firms areas of specialisation.
Branding . Deliver an exceptional quality of . Law firms service to build a strong brand.
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5.6 The Tasking Task of Taxation and the Taxman’s Tentacles*
5.6.1 Objectives
. To discuss the role of taxation in the society and its financing effect for Government projects. . How lawyers can position themselves to harness the benefits of fully understanding tax laws and tax related issues. . To sensitise lawyers to the taxman’s methods, its impending stringency and the need to educate citizens on the impacts of non-compliance.
5.6.2 Background Tax authorities in Nigeria have begun to implement more aggressive revenue collection techniques largely because of the funding deficit for infrastructure and social projects. This was compounded by the fall in oil prices in 2014 that caused a sharp fall in government’s major revenue source, thus heightening the desire to grow non-oil revenue and making higher tax compliance become the top priority of the tax man.
In recent years, more aggressive collection techniques have been deployed to realise government’s ambitious non-oil revenue targets. Generally, the tax authorities devolve to accountants in the facilitation of this recovery, rather than to lawyers because lawyers have failed to show strong domain knowledge that can make them act as agents to propagate compliance with tax laws and ultimately drive up client compliance rates.
There are clear tax laws in Nigeria but the inability of taxpayers, and even lawyers, to understand and correctly interpret them makes compliance enforcement daunting for the taxman. Moreover, taxpayers are not enlightened on their roles and responsibilities concerning tax compliance and its significance as an enabler of government’s fiscal role of providing public goods. To this end, the government, individuals and corporates need to reach an understanding that the only way public goods can be provided is if everyone pays tax. Helping these stakeholders reach consensus creates opportunities for lawyers in taxation.
In matters of legal recourse, lawyers can approach the Tribunal to address taxation issues for their clients. Using case studies, in Commissioner for Income Tax v. Brebner 1967, 1 All ER 779 at 784, the court ruled that the law allows you to pick a lesser tax paying option where there are two equal opportunities. Another case study is the Ahmadu v. Governor, Kogi State (2009) 1 TLRN 136 in which the court ruled that the law has to clearly state what tax obligations you have to pay and the need for the lawyer to understand the law. Thus, lawyers have a key role to play in mediating between tax stakeholders.
5.6.3 Issues / Challenges
Aggressive Tax Enforcement . The taxman is enabled by law to use resources available to assess, enforce and collect tax liable to be paid under the law. Furthermore, it has the right to freeze assets as a coercive measure to recover unresolved remittances but until recently, that power has not been fully utilized. Taxpayers
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should be made aware of these powers of the tax authorities in order to enable the taxpayers plan their taxes and check possible excesses of the taxman.
Inconsistency of the Tax Legal Framework . There are loopholes in the existing legal framework for tax administration in Nigeria, as some extant laws are totally disconnected from current realities. There are ambiguities in some tax laws and the information asymmetry has resulted in some corporates and individuals taking advantage of these issues to exploit the system and evade paying fair taxes to the government.
Inadequate Awareness of Tax Laws . There is growing evidence that taxpayers are not well informed on various tax laws, taxpayer incentives, allowances and requirements.
Length of Tax Audits . The length of time required for the tax audit process creates significant compliance costs for businesses, especially small businesses.
5.6.4 Recommendations
Educating the Public on Tax affairs . Educate taxpayers on their tax obligations and its contribution to the economic development of the nation; also educate taxpayers on applicable tax waivers. . Government should be more sensitive in taxation of SMEs and advocacy should be made for them. . Lawyers need to stay abreast with extant tax laws and amendments.
Streamline Processes . To prevent information asymmetry, a database that has details of every citizen over 18 years old should be created and each assigned a unique Tax Identification Number. . Processes should be improved to reduce the length of tax audits and close out audits as fast as possible. . To minimize the rate and number of defaulters, remittance payments should be simplified through the aid of technology. . There should be a system to name and shame defaulters or non-compliant citizens, and the tax authorities should desist from using handymen to enforce compliance.
Explore other means of Tax Recovery . The taxman should show empathy to get more people into the tax net. Tax reliefs should be encouraged in critical sectors and made periodic to allow for competition and market development. . Amnesty schemes, like Voluntary Assets and Income Declaration Scheme (VAIDS), should be introduced to bring more people into the tax net.
Amendments to the Laws . Nigeria currently ranks first among top-10 GDP in Africa but ranks 10th with 5.6 percent tax to GDP ratio. To improve these statistics, government should introduce processes that make it easier for the taxman to carry out its functions and for taxpayers to comply.
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. Legislature should work in tandem with the tax authorities to develop relevant tax laws that match current realities. In addition, other tax stakeholders should be consulted before amendments are made to the laws to create both synergy and buy-in. . The taxman should be granted sufficient access and information to enable him assess citizens for taxation purposes.
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5.6.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Reduce length of audits. . Simplify tax remittance and audit. . Support the regulators in Streamline . Assign unique Tax Identification Federal and State creating a more efficient NBA Processes Numbers to every adult at 18 Governments system years old. . Avoid using third parties to enforce tax compliance.
. Explore other means (including Federal and State . Encourage clients to pay their Tax recovery Lawyers amnesty) to increase the number Governments fair tax of people in the tax net.
. Plug loopholes in tax laws to protect the rights of both the . Continuous consultation and Federal Amendments authorities and taxpayers. engagement with the tax NBA Government . Engage with the private sector authorities and legislature and other relevant stakeholders before amendment of tax laws.
. Public enlightenment and . Educate people and legal Federal and State Awareness campaigns to educate people on practitioners on their fair taxes NBA Governments their tax obligations and tax and applicable tax allowances. allowances.
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5.7 Infrastructure Financing in Nigeria: Public-Private Partnership; Sukuk and the Future
5.7.1 Objectives
. To delineate the different public-private partnership options available for financing infrastructure deficits in Nigeria with specific attention to Islamic financing (Sukuk).
5.7.2 Background
Nigeria’s infrastructure funding deficit has continued to widen as population increases and this has remained one of the biggest constraints to the country’s development. Estimated currently at $23 billion yearly, infrastructure financing deficit in Nigeria is a pointer to the fastest way to accelerate economic growth. Governments all around the world have explored alternative sources of infrastructure financing and a major approach is the public-private partnership (PPP) model. An increase in infrastructure by 1 percent increases GDP by corresponding 1 percent. Africa at large loses annually 2 percent of its GDP to infrastructural deficit.
Nigeria’s core infrastructure stock is estimated at about 20 percent to 25 percent of GDP (which is now less than 15 percent after Naira devaluation), putting Nigeria far behind other emerging economies with similar demographics. It is projected that over $3 trillion is needed over the next 30 years to address the infrastructure gap in Nigeria.
Countries with “infrastructure financing problems” need to adopt effective, transparent system of corporate governance that can reduce the risk premium for private sector financing. There are several available funding options which include Targets and Acupuncture Methodology, Improve Public Financial Management (PFM), Better Expenditure Management Leverage, PPP, Land Value Capture, Asset Securitization, Infrastructure and Sovereign Bonds and Pension Assets, Sovereign Wealth Fund, Diaspora Remittances and Bonds, Islamic Finance (Sukuk), etc. Beyond PPP, there is significant potential in diaspora remittance for infrastructure financing.
With the dearth of conventional or traditional infrastructure financing, Islamic Finance is daily gaining popularity in development financing. The structuring of Sukuk typically involves the packaging of pools of compliant assets/projects with or without credit enhancement into securities. The structure is based on a specific contract of exchange that can be made through the sale and purchase of an asset based on deferred payment, leasing of specific assets or participation in a joint-venture business.
5.7.3 Issues / Challenges
Mismatch of Project Funding and Available Finance Options . The mismatch between funding and financing requires preparation of a clear-cut budget to facilitate funding to overcome regulatory gaps and policy uncertainty. Sukuk is a critical financing option but faces institutional challenges and hostile public attitude.
Regulatory Compliance Issues that may arise from the Structuring of Sukuk Finance. . Issuance of Sukuk requires an exchange of a compliant underlying asset for financial consideration through the application of various contracts such as Ijara, Salam, Istisna, Murabaha, Musharaka, Mudaraba, or a hybrid (i.e. combination of two or more contracts). The structure of Sukuk has to be reviewed and approved by technical experts to ensure compliance.
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. The structuring process in some contracts may also involve the provision of additional protection for investors against late payment, pre-payments, potential write-offs and other similar risks. Such protection is often provided in the form of credit and/or liquidity enhancement schemes. Parties for structuring Sukuk include Technical Advisory Board, Arrangers (financial Advisers/issuing house), Underwriters, Trustees, Solicitors, Book Builders, Brokers, Receiving Banks, etc.
Effectiveness and Ethical Consideration of Sukuk in Infrastructure Financing . Sukuk being an interest-free fund will boost revenue to investors because the risk value is less compared with conventional funding sources. Also, given the ethical considerations of Sukuk, it certainly will promote public confidence.
5.7.4 Recommendations
Islamic Financing and other Funding Options . Government should explore alternative financing structures such as Sukuk, asset securitization, land value capture, infrastructure-cum-sovereign bonds and pension assets. . Government should improve public financial management and resolve regulatory and institutional challenges by putting in place necessary legal, institutional and regulatory measures that would enable the gains from Islamic financing to be fully maximised. . Embark on aggressive advocacy on Sukuk as a finance form for government infrastructural projects.
Infrastructure Emergency . Set up an Executive Legislative Infrastructure Advisory Council (ELIAC) to promote infrastructural development. The Presidential Infrastructure and PPP Coordinating Council must lead the emergency charge on infrastructure.
Infrastructure Ecosystem Thrust . Set up Project Development Fund as well as Improved Infrastructure Funding along with formulation and implementation of relevant finance policy to promote a functional infrastructure ecosystem.
Infrastructure Sector Reform Bills . Sponsor infrastructure sector reform bills on Ports and Harbour, Roads Fund and Authority, and Rail Authority.
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5.7.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Responsibilit Required Action Steps Required Action Steps Responsibility y
. Explore alternative financing structures such as Sukuk, asset securitization, land . Identify and advocate for most Infrastructure value capture, infrastructure-cum- Federal effective public-private NBA Funding Options Government sovereign bonds and pension assets. partnership financing options. . Improve public financial management and resolve regulatory and institutional gaps.
Islamic Financing . Put in place necessary legal, institutional Federal
Option and regulatory measures for Islamic Government financing.
. Set up an Executive Legislative Infrastructure Advisory Council (ELIAC) to Presidential . Continuously engage with the Infrastructure Presidential Infrastructure and Infrastructure promote infrastructural development. and PPP PPP Coordinating Council to NBA Development . Create a Project Development Fund, Coordinating promote a functional formulate and implement relevant finance Council infrastructure ecosystem. policy to promote a functional infrastructure ecosystem.
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5.8 Growing the Economy through Legal Reforms
5.8.1 Objectives
. To provide an overview of trade reforms in Nigeria that drive the economy. . To delineate the importance of data-driven reforms. . To identify the steps to building a sound regulatory framework to engender competitive economy.
5.8.2 Background There are several ongoing trade reforms across various sectors of the Nigerian economy. These developments and their implementations are largely driven by stakeholders in the public and private sectors. The government, through the efforts of the Presidential Enabling Business Environment Council (PEBEC), is pushing reforms that cover trading across borders (inter-trade), trading within the country (intra-trade), exit and entry of people, and judicial reform to improve the Nigerian Business environment. Though a step in the right direction, much more is required to realise the goal of building a competitive and value-adding economy for Nigerian businesses to thrive.
For an economy to become truly competitive, necessary infrastructure such as good road networks, broadband services and international approved airports should be readily available. In addition, the Ease of Doing Business must be effected as it relates to starting a business, obtainingconstruction permits, property registration, getting credit, enforcing contracts and paying taxes.
In the last three years, PEBEC has successfully implemented 141 reforms focused on building a competitive economy. Despite the implementation of successful trade reforms like reduction in corporate income filing days from 14 days to 3 days, it is still a herculean task institutionalizing these trade reforms across various public agencies.
5.8.3 Issues / Challenges
Poor implementation of Trade Reforms . Nigeria has data on infrastructure, but it is inadequate, especially at the sub-national level. This has led to the design of reforms which ordinarily should address various socio-economic issues, but these unfortunately are not underpinned by data and have therefore stymied the implementation of the reforms. Inefficient Data Management . The current data management system in Nigeria has major challenges that include underfunding of the agencies, collection problems, inconsistencies across different agencies, and untimeliness.
Lack of Monitoring and Enforcement . Successful implementation of trade reforms is dependent on the institutionalization of these reforms across various public agencies, collaboration with the private sector and continuous improvement in reform elements. To ensure that reforms are implemented, regulators should employ a monitoring and evaluation scheme, supervisory enforcement and imposition of sanctions. This should lead to a competitive regulatory framework (a planned approach for developing and implementing reforms)
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that drives economic growth, promotes investments (with capital from within and outside the country), ensures minimal infractions, protects investments and increases market participation.
Unlocking Value in the Informal Sector . The informal sector is an important segment of the economy because of its size and the number of people engaged in it. As such, Government reforms should not only be designed for the purpose of income generation, but also for market development which will ultimately lead to income generation in the medium to long-term. Improving access to credit in the informal sector is going to be well supported with the recently passed Movable Assets Act.
5.8.4 Recommendations
Incentivizing Data Collection Agencies . While reform aimed at elevating data and evidence-based policymaking remains critical at the national level, the greatest need is at the subnational level. Agencies responsible for data collection should be supported and/or funded by the government, development institutions and private organizations failing which, expectations of time-bound targets that carry penalty when the deliverables are not met will be inequitable and non-realisable.
Explore more PPP Funding Models . Government does not have the resources to drive the extensive infrastructure development needed for a competitive economy. Therefore, government should encourage private sector funding to grow the economy and drive efficiency in infrastructure delivery.
Price Mechanism Reforms . There is a disconnect between the cost and prices of public goods in Nigeria, as the cost often outweighs the selling price. Price mechanism reforms should be developed for public goods. For instance, to increase the production of public goods like electricity, the cost of generating this service must at least match the price.
Private Sector to engage with Regulators . Provide a platform to engage key stakeholders, and for regulators to understand the regulatory framework of the industry. . Engage professional associations and organizations to objectively influence regulatory policy and activities. . Design and implement policies to ensure collaboration of private sector with the Government.
Fix Trade within Nigeria . Traders are typically harassed by government security agencies (Police, Customs, Air force) as they transport their goods from one State to another. Nigerian citizens and business owners are encouraged to use the “reportgov” app to report misconduct in the private and public sectors.
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5.8.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Develop effective price mechanisms Federal Price Mechanism to improve sustainability of public Government projects
. Design and implement policies to . Provide a platform for continuous NBA Federal Engagement and encourage collaboration of private engagement with key stakeholders Legal Firms Collaboration Government and the Government to further Lawyers sector with the Government. understanding the industry and the regulator’s stance.
. The Police and other government . Use the “reportgov” app to report Federal Trade security agencies should have misconduct in the private and public Lawyers Government sectors. designated and publicised check points
. Increase funding of data collection . Engage and continue to provide agencies. support to data collection agencies Federal where needed. Data Collection . Set up a monitoring and evaluation NBA Government scheme, supervisory enforcement and imposition of sanctions to ensure reforms are implemented. Federal and PPP . Originate and execute more PPP State projects. Governments
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Chapter 6 Judiciary and the Justice System
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6.1 Code of Conduct Tribunal: A Clash of Judicial and Executive Powers
6.1.1 Session Outcomes
. Issue unambiguous statement on whether the CCT is a judicial organ under the judiciary or the executive. . Whether the regulatory functions of the CCB to remind public officials of disclosure obligation should be mandatory and uniformly applied. . Whether in the cases of judicial officers, the CCT should mandatorily await determination of the NJC prior to trying a judicial officer. . Determination of the organ that has the mandate to discipline the CCT. . Policy statement on identified regulatory and legislative reforms of the CCT 6.1.2 Introduction
The status of the Code of Conduct Tribunal (“CCT” or “Tribunal”) has remained a grey and contentious area in Nigerian jurisprudence. There is a need to therefore interrogate the extent of the powers of the Tribunal which is the adjudicatory arm of the Code of Conduct Bureau (“CCB”) , the nature and the scope of the Tribunal’s powers and functions vis-à-vis the constitutional role of the National Judicial Council (“NJC”) and the judicial powers of the superior courts of record.
The Code of Conduct Tribunal is established by the Constitution of the Federal Republic of Nigeria 1999 and is empowered to try public officials for breach of the provisions of the Code of Conduct Bureau and Tribunal Act (“CCBTA”). The President, Vice-President and the Chief Justice of Nigeria are among the top public officers expressly listed as being subject to the Act. The relevant provisions of the CCBTA in conjunction with the 1999 Constitution support the proposition that the Tribunal is an Administrative Court, independent of control from both the Executive and the Judiciary exercising jurisdiction over public officers.
The recent trial and conviction of the former Chief Justice of Nigeria, CJN, Justice Walter Onnoghen, by the Tribunal on the six-count charge preferred against him by the Federal Government raised the issue of the independence of the Judiciary and queries the exclusive power of the NJC to exercise disciplinary control over judicial officers. The case also demonstrated the lack of clarity about the status of the Tribunal. Its impact on the independence of the Judiciary is well described by the NBA that argued that:
“…an insistence …on the CJN, the head of an independent arm of the FGN, standing trial before a Tribunal whose Chairman sees himself and his Tribunal as being under and answerable to the Presidency only, mocks the concept of and completely erodes the independence of the judiciary and the constitutional separation that should exist between the three arms of the FGN”.
6.1.3 Issues / Challenges
Status of the Tribunal . The Code of Conduct Bureau and Code of Conduct Tribunal (“CCT”) were established to ensure integrity among public officers. Based on decisions of the courts, including the Supreme Court, the CCT is NOT a superior court of record as defined by the Constitution or common law, but a tribunal with quasi-criminal jurisdiction. Though the CCT exercises some form of judicial powers, 122 | Page
it still remains a Tribunal, just like the Legal Practitioners Disciplinary Committee, whose appeals in fact lie directly to the Supreme Court. The fact that appeal against its decisions lie to the Court of Appeal does not qualify it as a court of law within the contemplation of Section 6 of the 1999 Constitution.
Lack of Independence . The Code of Conduct Tribunal has no parents in terms of funding, because its funding is shrouded in mystery. The source of finance of the Tribunal resides with the executive arm of government which portrays the Tribunal as an executive machinery. This remains a major barrier as the Tribunal tends to be subject to executive orders. Impliedly, the independence of the Tribunal is not secure. The laws that set up the Tribunal failed to make provision for its funding, and this underscores the reason the Tribunal is categorised as an agency under the executive arm of government.
Status of the CCB Act vis-à-vis the Constitution . Although established by the Code of Conduct Bureau and Tribunal Act (“CCBTA”) in 1991, the provisions of the 1999 Constitution supersede the provisions of the Act to the extent of any inconsistency between the two. However, the CCBTA is preserved under the 1999 Constitution as an existing law under Section 315 and may be said to violate the doctrine of covering the field for repeating constitutional provisions verbatim in another Law of the Legislature.
Power without Proper Accountability . The CCT is empowered by the constitution and the CCBTA to order the arrest, detention, prosecution and confiscation of suspected public officer’s properties without review by any judicial regulatory body such as National Judicial Council. However, the Chairman of the CCT and its members are omitted from the list of persons in Paragraph 21 (a) and (b) of the Third Schedule of the 1999 Constitution that the NJC should recommend their appointment to the President or exercise disciplinary control over. This leaves it under the sole control of the President and possibly led to its recent flagrant disrespect of several court orders, including the Court of Appeal judgment in Justice Onnoghen Nkanu v. FRN (CA/A/63C/2019), decided on 10th May, 2019 that asserted that the CCT has no power or jurisdiction to declare as nullities the orders of the FHC, High Court or FCT High Court or NICN as it did. Such action by the CCT was described as an aberration and repugnant to the provisions of the Constitution and Statutes dealing with appeals.
Lack of Judicial Independence . The judicial system in Nigeria is faced with challenges to its independence in relating with the Executive and Legislature, and this weakens the principle of separation of powers. The lack of autonomy of the judicial system hinders the implementation of the envisaged judicial reform. There is judicial timidity and the Bar has stood up to the responsibility of defending the Bench against intimidation by the Executive.
6.1.4 Recommendations Supreme Court’s Position . The Supreme Court should avail itself of any opportunity to make unambiguous declaration on the status of the Code of Conduct Tribunal. In addition, it needs to make pronouncements on the specific interpretation of the provisions of Sections 252, 257(1) & (2) and 272(10) & (2) of the 1999 Constitution which describe the supervisory powers of superior courts of record over inferior courts or tribunals such as the CCT, and Section 292 of the Constitution which deals with removal of judicial officers. 123 | Page
Constitutional Amendment to build an effective Judicial System . Amend the Constitution and the CCBT Act to address any seeming confusion about the powers of the Tribunal to deal with cases involving judicial officers and to enforce the supervisory powers of superior courts of record (FHC and High Courts of States & FCT) over the CCT, as is clearly prescribed in the Constitution.
. Empower the Judiciary to have Autonomy . The NBA as the voice of the legal profession, should champion a categorical position on the hierarchy of the judicial system, importance of respecting court orders, supremacy of the Constitution and need to protect the independence and autonomy of the judiciary. Judicial officers should be independent, courageous and unbiased in the execution of their functions without regard to the appointing authority.
Funding Provision . Acknowledge the dependence of the CCB on the executive for funding its budget, and advocate for alternative funding models that will be independent of the Executive given the CCB’s strategic importance in combating corruption.
Qualifications of CCT Officers . Only judicial officers should be eligible as members of the Code of Conduct Tribunal and nominees should be subject to the Nigerian Judicial Council. At present, the law is silent on the qualifications of the other two members of the Tribunal aside from the Chairman, leaving room for concerns on the quality of judgments made by the Tribunal.
Internal Controls . In view of the CCT’s powers to punish, remove and ban any public officer from holding public office for 10 years, internal control mechanisms should be established to guide the exercise of the Tribunal’s powers. A review of the provisions of sections 153, 158, 291, 292 and the first schedule of the Constitution should be conducted to see that the Nigerian Judicial Council can control the courts of law and tribunals like the Code of Conduct Tribunal.
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6.1.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
Status of the Code . State the status of the Code of Conduct of Conduct of Tribunal and clarify whether it is an Supreme Court Tribunal organ of the executive or a quasi-judicial tribunal vested with criminal jurisdiction. NBA . Advocate for the amendment of the Constitutional . Amend the Constitution and the CCBT National Bar Council Constitution and CCBT Act to Amendment Act to clarify the status and powers of Assembly Body of Senior determine the status of both. the Tribunal. Advocates
. Rather than taking criminal cases away from CCT, empower the Tribunal to Federal Autonomy tackle corruption in the public service. Government . Empower judicial officers to enable unbiased execution of their functions.
. Explore alternative funding models for the CCTthat will be independent of the Federal Funding executive given the strategic importance Government of the Tribunal in combating corruption.
. Constitute a Committee to examine the CCCBT and the Constitution and make Qualification of recommendations to the National NBA CCT Officers Assembly on the qualifications of Tribunal officers and the need to make them subject to the National Judicial Council.
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6.2 Leveraging Technology in Justice Administration: Issues and Challenges
6.2.1 Session Objectives
. To articulate the many functional needs of adopting and leveraging technology in the administration of legal processes. . To discuss the legal framework of the admissibility of electronic evidence in the court of law. . To deliberate and agree on the approaches in line with best practice through which technology can be harnessed to improve the administration of legal processes in Nigeria.
6.2.2 Background
Technology has revolutionised how we live, work and think. The Judiciary under Section 6 of the 1999 Constitution is an institution mandated to administer justice and it is impacted by the constant changes and developments in technology. In addition to the “technophobic” attitude of most legal practitioners (attributable to the conservative nature of the legal profession), Nigeria, as a nation, is still a long way from making use of technology and taking advantage of its disruption in conducting research and accessing information.
While the conservative nature of the profession has impacted the administration of justice negatively, the Judiciary has also been slow in adopting technology. Lawyers should deploy technology across the entire spectrum of justice administration, as this improves the quality of information for decision making. There are, however, several challenges that come with technology usage and adoption in legal processes.
6.2.3 Issues / Challenges No clear Legal Framework for Admissibility of Electronic Evidence . Although Section 84 of the Evidence Act provides for the admissibility of electronically generated documents, its provisions do not adequately address all issues of admissibility of electronic evidence as done under the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce. The Model Law was drafted by the UN to assist countries in framing legislation that would enable and facilitate electronic transactions. Nigeria is yet to domesticate the model law.
The friction between Innovation and Conservatism in the Judicial System . The initial reaction of the Judiciary to technology was one of ambivalence, and studies have shown that of all the three arms of government, the Judiciary harboured the greatest number of technophobes. It is, therefore, imperative for the Bar and the Bench to update their ICT skills and knowledge in order to take charge of ICT application in the judicial process.
Challenges affecting the Administration of Justice . The Judicial Information Technology Policy 2017 contains provisions and directives on the deployment of information technology in judicial service delivery. However, the justice system is still challenged by power failure, inadequate funding, lack of or refusal to use technological tools, breaches caused by virus, corruption, ignorance of law on technological devices, conflicting decisions by some judges and cybercrimes, etc. Corruption and inadequate funding have been identified as the major impediments to technological change in the justice system. Thus, effective utilization of ICT in justice administration would require complete assemblage and integration of various ICT infrastructure components of hardware, software and skills, and continuous upgrade of the technology.
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Increase in Crime and Offenses caused by Technology . Judges are required and expected to administer justice on new crime and offences created by computer such as computer forgery, computer fraud, hacking, identity theft, child pornography, cyber stalking, cybersquatting, phishing, cyber terrorism and xenophobic offences. It is, therefore, important that regular update and capacity development programmes be provided for the Judges to keep them abreast of developments in the sector.
6.2.4 Recommendations
Review of Legal Digital and Technology Evidencing Framework . The judicial and legislative arms of government should embark on further research on the legal framework that relates to Digital Evidence Presentation System (DEPS) in the court of law. . The Legislature should enact laws that reflect and match advancement in technology. . Adopt new rules for taking statements of accused person by police officers, allowing that statements recorded with technological devices like videos be admissible in evidence, as a check against the rising trend of forced confessional statements or denial of same. Provisions should be made for teleconferencing with witnesses that may be in hospitals, prisons, and those who for any confirmed reasons cannot be physically present in court. . Introduce storage of electronic materials in the cloud and other available storage system.
Poor Funding . Adequately fund the Nigerian Judiciary for effective provision and maintenance of ICT infrastructure and equipment in all the facilities used in administration of justice.
Capacity Development . Organise special trainings and continuous education on relevant technological skills for all the relevant persons involved in the administration of justice, including Judges, magistrates, legal practitioners, court officials, Policemen, Prison officials, etc.
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6.2.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
Funding of the . Adequately fund the Judiciary for the Federal
Judiciary maintenance of ICT infrastructure and Government equipment.
. Effect policy changes and review Judicial digital and processes in the Evidence Act, 2011 to technological make electronic evidence admissible in framework review Legislative the courts and in line with the UN of the Evidence Act, 2011 Model Law. . Enact new rules for law enforcement agencies to use technology.
. Mount special training and continuous education on technological skills for key individuals involved in administering justice. Capacity Building NBA . Organise regular workshops and training programmes across the country for judges to increase understanding of the technological approach to administering justice.
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6.3 Electronic Expression of the Will of the People: Challenge and Reforms
6.3.1 Session Objectives
. To distil the electoral system and chart a way to address the attendant issues in the system.
6.3.2 Background
The inefficiencies in the manual electoral processes call for Nigeria to adopt electronic voting (e- voting). The 2019 general elections marked 20 years since Nigeria’s return to civilian rule and this is the longest stretch of time that Nigerian politics has stayed without military interference. Administration of elections has evolved with the widespread use of technology as evident in the proliferation of e-voting around the world -- Brazil, South Africa, India, and the USA use some form of e-voting. Countries like Somalia have taken it a step further by implementing eye metrics for its voting process to prevent election fraud.
From casting of votes to the transmission of results in the electioneering process, e-voting has enabled the expression of the will of the people through efficient use of technology. Despite the improvement in electoral efficiency by partially implementing e-voting technologies, the legal framework is still a conundrum. The legal framework for e-voting according to Section 52(2) is a limiting factor for the reform of the voting process. This notwithstanding, e-voting is a welcome development for Nigeria’s goal to have freer and fairer elections because it reduces the chances of multiple voting in elections, a problem that has plagued Nigeria for some time. E-voting is not a perfect solution, but it is more efficient than what Nigeria has experienced in the past.
6.3.3 Issues / Challenges
Inefficiency in the Electoral Process . Electoral cancellation, as witnessed in the 2019 elections, is a by-product of manual voting which leaves room for violence at the polling units, rigging, snatching of ballot papers and a distrust of the electoral body.
Cost of Election Materials . E-voting, as adopted by other economies, will decrease the cost of production of election materials (the cost of procuring election materials in Nigeria is high because they are mostly imported). Other benefits of e-voting include efficient verification of voters, reduction in multiple votes, reduction of human errors, accelerated voting, collation, transmissions and release of results.
Political Corruption in Elections . Although technology is an accelerator that helps to reduce inefficiencies, it cannot rectify poor results that emerge from manipulations in a distorted electoral system. Vested interests manipulate elections where there is opportunity as happened in Kenya where election results were overturned by the Kenyan Supreme Court in spite of efficient technologies.
Court Judgment . If the winner of an election is removed by the court, he or she should vacate the office while the case is on appeal. This is recommended to prevent removed office holders from using State resources to fight personal legal battles.
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6.3.4 Recommendations
Reduce Remuneration for Political Officeholders . Large remunerations, in form of benefits, for office holders cause desperation during elections. The perks of the office equip and embolden politicians to adopt unethical methods to get into office. Using their money and reach, they undermine the electoral process by compromising the integrity of electoral staff, lobby legislators and shortcircuit judicial processes. NBA should play a leading role in canvassing for freer and fair elections.
Prosecution by the State . Complement the efforts of INEC to improve election delivery by adopting the right legal framework and providing legislative support. Section 150 of the Electoral Act gives the States powers to prosecute. Reforms are necessary to enable the States to fully prosecute election offenders.
Document Electoral Activities . Legal practitioners should advise political clients to start meticulously documenting all political activities during election periods. This documentation will be relevant as evidence in the court if issues arise.
Use Manual and E-voting. . Employ both electronic and manual processes to manage elections as in the USA. The manual electoral approach should be employed as a back-up for the e-voting system.
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6.3.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
Federal Electronic Voting . Adopt e-voting in coming elections Government with manual voting as back up.
. Adopt the right legal framework for . Take the driver’s seat in pushing the Electoral Act. Federal reforms in the electoral process Reforms NBA . Reform the electoral system to allow Government for speedy prosecution of election offenders.
Document . Politicians should keep proper Lawyers Electoral Activities records during election campaigns and the elections proper.
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6.4 The Judge’s Right of Reply: Maximizing the Synergy between the Bar and Bench
6.4.1 Session Objective
. To critically assess the status of the relationship between the Bar and the Bench and discuss the methods of restoring and strengthening cordial relationship and synergy between them in a manner that fosters effective and efficient justice delivery.
6.4.2 Introduction
A seamless judicial system is premised on synergy between the Bar and the Bench. The legal system is adversarial in nature, but a Judge is expected to be fair in dealing with the prosecuting and defending counsel. However, the Judge is sometimes criticized for decisions made and also accused of bias and compromise; these accusations erode confidence in the Judiciary. The National Judicial Council is established, amongst others, to deal with such accusations that may be levelled against judicial officers. The NJC is criticized for not conducting its investigation in public and also for the long delays before it comes out with its findings against Judicial Officers thereby eroding public faith in the NJC as a regulatory body that can properly determine issues involving judicial officers.
Prior to now, the Bar-Bench relationship had been cordial, but became sour as a result of certain factors. The questions to ask are: “what led to the crack in the relationship between the Bar and Bench” and “how do we respond to the Judges’ Right of Reply through the Bar?”. To the first question, the intrusion of the military into Nigeria’s political system adversely altered the judicial system with the appointment of Judges based on political affiliations rather than competency and integrity. Sadly, as the democratic system was restored, politicians who were accustomed to the deep-rooted system of corruption continued to influence the legal system. This unfortunate practice is aided by some judicial officers and senior lawyers, resulting in mistrust and mutual suspicion between the Bar and Bench.
On the Judges right of reply through the Bar, the first step to take is to restore mutual respect between the Bar and the Bench. When a senior counsel pontificates about how corrupt the Judiciary is and disrespects the Judge, the junior lawyers will follow suit. The Bar must be seen at all times to protect the integrity and sanctity of the Bench whenever the Bench is under unfair criticisms or undue pressure. The Bench also has to adhere to its oath of office and ensure that the interests of the Bar and the society at large are adequately protected.
6.4.3 Issues/Challenges
Appointment of Judges Appointment of Judges is one of the cardinal pillars of judicial independence, itself, a critical component of the rule law. Unfortunately, the appointment of Judges in Nigeria has been highly politicized by the executive since the days of military rule, and this continues till date, thereby eroding the independence of the Judiciary in justice delivery and destroying the trust and confidence of the public in the Judiciary.
Reputational damage to members of the Bench without Remedial Measures There are instances where dissatisfied litigants, lawyers or members of the public accuse Judges of misdeeds either in their professional or personal dealings, through the media or by writing petitions against such Judges. In such circumstances, the Judges are not expected to join issues with their antagonists. Instead, the head of court of the affected Judge may direct the Chief Registrar to issue 132 | Page
a measured response, which may not restore the integrity of the Judge. Sadly, most petitions against Judges are crafted but not signed by Lawyers!
Sanctions against the Bench; non-sanction of the Bar Judges are routinely criticized and sometimes sanctioned for decisions made, whereas the lawyers who advocated in those cases are not correspondingly sanctioned. This promotes defensive adjudication which forces Judges to oftentimes look over their shoulders prior to making decisions. A sizeable number of the cases in court ought not to have been filed, but no one is sanctioned for these infractions.
Lack of Mutual Respect Some Judges sometimes talk down on lawyers in open court and do not show respect for Counsel, thereby destroying trust and eroding confidence in the Bench. Some lawyers also disparage Judges and the Judiciary in public.
Poor Moral Behaviour Some young lawyers do not have proper understanding of moral behaviour, believing that they need to paint the Judiciary in bad colours in order to get public recognition and attention.
Leadership Tussle There seems to be a supremacy tussle between the Bar and the Bench with some Judges looking down on Counsel, while some SANs consider judicial officers as beneath them. The fight for supremacy lowers the esteem and prestige of both the Bar and the Bench in Nigeria. The Judges are also sometimes alleged to excessively exercise power beyond the ambit of the law.
Breach of Code of Conduct by Judges and Lawyers A Judge is expected to remain impartial on any issue in dispute and ordinarily, if all concerned meticulously abide by their respective codes of professional conduct, it is unlikely that situations will arise that would call for a Judge to remonstrate against Counsel and vice versa. Increasing infidelity to the rules and codes of professional conduct by the Judges and lawyers will continue to promote friction and injustice and erode public confidence in the judicial system.
6.4.4 Recommendations Awareness and Acceptability . Set up a special Committee in each branch of the NBA to bolster public confidence in the Bench by providing timely assistance to members of the Bench in responding to unwarranted criticism. . Organise regular meetings between the Bar and the Bench to discuss challenges. . Reconstitute the Bar-Bench Forum to foster harmonious relationship and enhance justice delivery.
Respect and Response . Encourage mutual respect and collective commitment between the Bar and the Bench. . The NBA should swiftly reply when unjustified criticisms are levelled against Judicial Officers. . The Bar should ensure that any improper infraction of the rights of the Bench is addressed quickly within the ambits of law.
Independence . The independence of the judiciary should be safeguarded at all costs. 133 | Page
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6.4.4 Recommendations
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Conduct regular forums with lawyers . Set up dedicated Committees in each National branch of the NBA to bolster public Awareness to smoothen areas of conflicts and NBA disharmony. Judicial Council confidence in the Bench by providing timely assistance to members of the Bench in responding to unwarranted criticism.
. Encourage mutual respect and . Respond swiftly and address unjustified National Response confidence between the Bar and the criticisms that are levelled against Judicial NBA Judicial Council Bench, as well as collective Officers. commitment to one another.
National Safeguard independence of the Judiciary . Safeguard independence of the NBA Independence Judicial Council at all times. Judiciary at all times.
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Chapter 7 Gender, Health and Other Discrimination Issues
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7.1 Bullying and Sexual Harassment in the Legal Community
7.1.1 Objectives
. To raise awareness on the existence and prevalence of bullying and/or sexual harassment in the legal profession. . To appreciate the impact of the problem on the victim and the profession. . To find practical solutions for and advice on dealing with bullying and sexual harassment in the workplace. . To highlight victim’s recourse and policies on creating a safe and abuse-free courtroom environment. . To provide guidelines on safe workplace environment.
7.1.2 Background
Bullying and sexual harassment are two closely linked concepts as they are both unethical ways people dominate each other. Sexual harassment takes it a step further as it involves unsolicited sexual advances from one professional to another that can be quid pro quo in nature or carried out in hostile environments. These sexual advances can come in the form of unwelcome hugging, kissing and touching and persistent requests for dates typically from principals to junior employees who do not have or do not know that they have the power to end it.
Sexual harassment and bullying are usually directed at women because they are perceived as easy to manipulate. The historical dominance of men at senior levels in the legal profession allows the perpetrators get away with this type of behaviour. Many young lawyers in Nigeria get sacked when they can no longer tolerate this harassment and this breeds fear amongst their colleagues. The gaps in the constitutional provisions for dealing with bullying and sexual harassment means a lot of cases still go unreported.
The nature of the legal profession, given that it is practiced openly, allows for easily observable bullying and harassment and the lack of sanctions sends a message that it is a norm. This inaction by the larger legal community explains why it is still so rampant. The continued practice is an indictment on the institutions responsible for holding lawyers to the highest ethical standards. The failure of these institutions to address the issues has led to a vicious cycle where the former victims also become aggressors when they get into positions of authority.
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7.1.3 Issues / Challenges
Bullying and Correction . To properly address the issue of bullying in the legal profession requires contextualising corrections and differentiating it from bullying. Correction is not abusive or coercive and should be done gently. The legal profession is highly competitive and requires intellectual rigour, and the demands to win clients and cases readily leads to unjustifiable abuse by authority figures.
Sexual Harassment . Sexual harassment is evident in non-consensual sexual acts between professionals of same or opposite sex. At its core, sexual harassment is the fault of the perpetrator, typically senior lawyers and judges, and it is very common. Indecent dressing by the junior lawyer, which is usually weaponized by the perpetrators, does not constitute an excuse and does not exonerate the guilty. S/he should still be sanctioned for sexual harassment in or out of the workplace once proven.
Unreported Cases . The perpetrators typically have significant power over the victims and the fear of retribution for calling out their principals leads to a lot of bullying and/or sexual harassment cases going unreported. The lack of support from their colleagues also makes it difficult to tackle the issues. The colleagues, sometimes victims themselves, justify their position by stating that the downside risks are too high. Colleagues who have never experienced these incidents sometimes victim-shame those that come forward.
7.1.4 Recommendations
Workplace Policies and Practices . Report officially to the management team. . Make sure reports are well documented. . Self-defense should be avoided because it can complicate the case. . Quit the job when the risk is too high, but still follow up on the case.
Enforce Discipline in the Legal Profession . Set behavioural rules that govern the conduct of lawyers and judges. . Introduce psychometric tests for lawyers and judges. . Principals that harass employees should be tried in court and/or disbarred. . NBA should review and reform the ethical framework and the disciplinary processes for the legal profession. Sexual harassment should be treated like corruption in the Rules of Professional Conduct. . Introduce a policy on sexual harassment to which law firms must be signatories before they can practise.
Whistleblowing and Creating Awareness . Introduce help desks where legal professionals can report cases. . Bring back the Bar/Bench forum where issues like this can be debated upon. . Create awareness on sexual harassment, consent and victim shaming.
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7.1.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility . Review and amend relevant labour laws that specifically address bullying and sexual harassment. . Introduce Enforce discipline in the legal profession National psychometric tests for Assembly;
lawyers and judges. National Judicial
. Principals who harass Council employees should be tried in court and/or disbarred. . Introduce a policy on sexual harassment. . Report officially to the management team Workplace Policies and Practices . Make sure reports are well Legal firms documented . Constantly review relevant policies. . Restore Bar-Bench Forum. . Introduce help desks where Whistleblowing and creating awareness legal professionals can report cases. NBA
. Create awareness on sexual harassment, consent and victim shaming.
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7.2 The Crises of Sexual and Gender Based Violence (GBV) in our Community
7.2.1 Objectives
. To identify the underlying issues responsible for the prevalence of Gender Based Violence (GBV) and the adverse effects on the community as a whole. . To contextualise the challenges to eradication of GBV. . To proffer recommendations and identify the best strategies for collaboration between public/private, government agencies and NGOs for the eradication of GBV in Nigeria.
7.2.2 Introduction
Gender Based Violence (GBV) is a serious epidemic destroying many communities; the pervasiveness of sexual and gender-based violence globally constitutes a major threat to the social order expected in ideal societies. Eradication of GBV has triggered several treaties, conventions and protocols. Member States and Signatories to these treaties, conventions and protocols have also developed their own National and domestic laws and policies to address this impunity. While sexual violence cuts across both genders, over 90 percent of victims in reported cases of sexual violence, assault, and physical abuse are girls and women. GBV is not limited to rape; it cuts across physical abuse and sexual assault.
Data from Mirabel Centre of Lagos State University Hospital, Lagos, Nigeria as at July 2019 indicated that children as young as 3 months old and women as old as 80 years have been sexually assaulted. A survey conducted in 2014 by the Nigerian Population Commission in collaboration with UNICEF Nigeria and US Centre for Disease Control and Prevention on violence against children, showed that out of the sample size of 1,766 girls and young women and 2,437 boys and young men, 1 in 3 girls and nearly 1 in 6 boys experience their first incident of sexual violence between the ages of 14 and 15.
The rate of value decadence in the society is worrisome as research revealed that the very high number of culprits involved in sexual and GBV are usually friends, family members and associates of the victims. The cost of sexual abuse in Nigeria as a nation is very high, ranging from victims resorting to drug abuse, becoming carriers of sexually transmitted diseases, bullying, depression and mental disorders, violence against others. Some of the victims end up as perpetrators.
The most challenging issue in the fight against GBV is the enforcement of laws/policies designed to prevent GBV and the prosecution of offenders. Evidently, the Federal “Violation against Persons Act” has only been adopted by 10 States of the Federation and the implementation in these 10 States has been poor except in Ekiti State that is leading this change agenda of gender-based violence. To set the tone, it has set up Gender-based Violence Committee and made policies to eradicate this epidemic. Ekiti State has demonstrated leadership in this direction by taking evidence-based actions towards advancing the eradication of GBV.
Tackling crises of sexual and GBV requires political will and the support of all the three arms of government (Executive, Legislative and Judiciary) in aggressively upholding zero tolerance for GBV and enforcing the laws. It is also important to aggressively sensitise and educate all stakeholders involved in the fight to eradicate violence against girls, boys and women who are vulnerable to these attacks.
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7.2.3 Issues / Challenges
Delayed and Lengthy Procedure to Prosecute Offenders . Most sexual and GBV offenders hardly get punished for their unlawful acts. The lengthy period of getting justice by victims tends to put pressure on the victims to drop charges and act as though nothing happened.
Poverty . Poverty is one of the reasons GBV is still prevalent in Nigeria today. Some victims keep mute as their prey remind them of the consequences of hunger and abandonment if matters are reported to the right agencies. Some men also practice violence against girls because of the high level of poverty and unemployment in the nation.
Poor Public Awareness / Sensitization . There are few sensitization programmes and advocacy symposia organized either by the government or private agencies/NGOs on sexual offences and GBV. This has made people mostly in the rural areas to be ignorant of what to do when faced with these forms of abuses.
Inadequate / Corrupt Security Agencies . Security agencies that ought to provide cover for victims are either not enough to tackle the rising number of daily attacks on girls and women, or they are sometimes corrupt. Their responses are slow and there are records that the Police does not sometimes show interest in cases like sexual harassment or molestation unless there are physical injuries on the victims.
Slow Adoption of required Act by Some States . Violence Against Persons (Prohibition) Act 2015 is a Federal Legislation that was made to counter sexual and GBV in Nigeria. However, only 10 States have adopted this Act so far in Nigeria, while some that have already adopted it have not fully implemented the Act.
Stigmatization . The fear of intimidation and counter attacks tend to hang over victims of rape, sexual and GBV in Nigeria. Persons who have suffered sexual or GBV end up keeping it to themselves as people stigmatize and publicly condemn them. The challenge of stigmatization still remains a big challenge that needs to be tackled.
Paucity of Funds . Funds for conducting sensitization programmes by government agencies or private firms/NGOs and catering to and for people living with the effect of rape, violence and sexual harassment are usually insufficient when compared to the number of cases that need intervention.
Gender Inequality Some people believe that women are second class citizens and should be used without complaint. Until this orientation is fully addressed, the fight against GBV of which girls and women are usually victims and the most vulnerable, may not be won.
7.2.4 Recommendations
Judiciary . The judiciary should treat GBV cases with priority, as timely intervention and right judgments help the healing process of victims. . Enact laws with severe punitive measures for sex offenders. 141 | Page
Executive . The Executive Arms of Government at the national and subnational levels should set up monitoring and evaluation mechanisms to ensure that GBV laws are properly implemented. . Seek input and engagement from the law enforcement and Military representatives to support the efforts to eradicate GBV and strengthen reporting of crimes within communities. . Response Centres should be established in all major cities of Nigeria e.g. Lagos, Ekiti and Kaduna. This will assist the victims/survivors to receive professional support immediately after the incident, during the trial and after the trial. The public needs to be advised on how to report GBV cases and there needs to be coordination between different reporting centres so that justice and restitution can be provided with speed for the victims.
Sensitisation and Awareness . Sexual and GBV eradication should not be left to women groups like the International Federation of Women Lawyers, but rather all stakeholders such as community leaders, traditional rulers, religious institutions who have strong followings, influence and resources should be at the forefront fighting these crimes. . Sensitisation and awareness programmes and community dialogue on GBV should be promoted to remove the stigma around GBV. Victims of GBV should be encouraged to speak about their experiences. . Sensitisation programs should be carried out at incident reporting centres and specifically to the men and officers at Police stations who are notorious for blaming the victims of GBV, especially in rape cases.
Sanctions . Lawyers found guilty of Sexual and GBV should be disbarred.
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7.2.5 Recommendations
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. GBV and related cases should be National Judicial Judiciary treated with priority by the Judiciary. Council . The law should have drastic punitive National Assembly measures against sex offenders.
. Set up monitoring and implementation mechanisms to enforce GBV laws. Federal and State Executive . Continuously engage with law . Governments enforcement agents and build their capacity in handling GBV cases. . Set up Response Centres.
Community . Engage all stakeholders in sexual Awareness and . Increase awareness programmes, Federal and State Leaders, Police, and GBV eradication. Sensitization especially in rural areas. Governments NBA, other . Promote community dialogue on stakeholders. GBV to remove the stigma around it.
Sanctions . Lawyers found guilty of Sexual and NBA GBV should be disbarred.
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7.3 Implementing Sustainable Development Goal 5: Gender Equality and Women Empowerment
7.3.1 Session Outcomes
. To raise awareness on the endemic inequality on the basis of gender . Issue policy statement on the obligation of the Nigerian State to fulfil its commitments under various international, continental and regional instruments on gender equality and female empowerment . Propose legislative intervention to institutionalize gender mainstreaming and hold persons accountable . Propose practical gender mainstreaming policies in the public and private sector . Propose for peer review mechanism on gender footprints and reward/recognition for compliance . Highlight self-defeating beliefs and messaging from women 7.3.2 Introduction
The 5th goal of the sustainable development agenda seeks to remove all hindrances to achieving gender equality and women empowerment by eliminating economic and social biases and then enabling every gender to have equal rights and opportunities. It engenders stability to the community, recognises that gender equity is central to achieving gender equality and it mainstreams all other Sustainable Development Goals (SDGs) given the fact that gender equality underpins the achievement of the SDGs across the globe.
Gender equality is not just a fundamental human right, it is a smart economic agenda much like women empowerment. Since half of the world population are women, gender equality and women empowerment will spur economic growth, social progress and economic development. This explains why the United Nations since 2000, has globalized the twin objectives of gender equality and women empowerment. The dismal record of Nigeria in the actualization of this goal makes it very ambitious for the country to achieve by 2030.
Education remains the main driver of women empowerment. While education of the girl child has improved in some cities in Nigeria, much needs to be done in encouraging participation of women in the workplace, politics and governance. Nigeria is making some efforts on gender equality, but it is far less than desired. The country’s ministerial appointments in 2019 are 16 percent women compared to 13 percent in 2015. Across the globe, 40 percent of paid workers are women aside agricultural employment. Participation of women in legislation, judiciary and executive arms of government as well as in other paid jobs remain critical in promoting gender equality and women empowerment.
In promoting gender equality and women empowerment, emphasis must be placed on allocation by families of properties and inheritance to women, discouragement of marriage and divorce, gender- based violence and traditional-cum-formal injustices against women. In addition, we must address related issues such as illiteracy, poor literacy, heavy labour, lack of adequate qualified women in careers in such sectors as law and justice, lack of protective mechanisms, cultural and religious practices. Civil society organisations and the legislatures must continue to advocate for gender equality and women empowerment in order to ensure legal protection for women.
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7.3.3 Issues / Challenges Nigeria’s Plans for SDGs Implementation Gender equality is giving people equal access to rights, opportunities and resources in spite of their gender. With Nigeria’s current ranking at 180 in the world on the actualization of this goal, attaining gender equality by 2030 is audacious given the fact that religion, culture and laws in Nigeria still pose challenges to gender equality and women empowerment. Five key areas that must be prioritized for gender equality to be achieved include: violence against women, women participation in governance, women peace and security, women health, and women poverty. Political will and agency solidarity from civil society, women’s groups, corporates, and NBA is crucial in achieving SDG 5.
The Role of Education Educating the girl child remains the primary driver of women empowerment, but much more attention needs to be paid to the rural areas. The girl child should not be deterred from studying STEM (Science, Technology, Engineering and Mathematics) courses and choosing careers in this path. In particular, the empowered minority (successful or career women) must support other women and mentor them such that women can aspire to and reach the highest positions in their chosen fields.
Health and Corporate CSR Nigeria accounts for 5 percent of worldwide maternal deaths, which is a major issue in the Millennium Development Goals (MDG’s) and recurs still in the SDGs. The Health Act in Nigeria was enacted to achieve Universal Health Coverage and solve problems like maternal health, which is under implementation. Some corporate entities have advanced the cause of gender equality, women empowerment and maternal health through their corporate social responsibilities (CSR) activities. These organisations include Access Bank through its maternal health support scheme and Dangote Group in the area of health, education and livelihood in places where they operate. More is still required of other corporate entities to further push this agenda.
Anti-gender Laws Gender insensitive laws exist in many forms in Nigeria, inhibiting gender fairness and preventing private and public institutions from building truly meritocratic structures. These laws include Section 55 11D of the Penal Code allowing spousal beating; Criminal Code Section 353 recognizing assault on a man as a felony and on a woman as misdemeanor; Labor Law Section 55 prohibits women from working at night. It also exists in many forms in police regulations, including Section 114 which disqualifies married women from being enlisted, Section 124 in which a female police officer must get permission from her seniors and her fiancé has to be screened before she can get married, and Section 127 preventing all unmarried policewomen from having children, which does not apply to men! There are many more existing laws that need amendment. Lawyers and the legislature are expected to continue unearthing and amending these laws for Nigeria to truly achieve the SDG Goal 5.
7.3.4 Recommendations
Collective Pursuit of Gender Equality . Allow the patriarchal language of the Bar to evolve to recognise and embrace gender diversity in the Bar and the Bench, taking it beyond the creation of NBA Women’s Forum. . Entrench gender equality in the NBA constitution and advocate gender equality in Government
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Role Models . Women should be role models to other women, especially to young ladies. This is more needed in the rural areas where many girl children are denied education due to poverty. The legislation is already in place, but enforcement and support are required from all stakeholders to stop girls from dropping out of school.
Amendment of Anti-Gender Laws and Making of Pro-Gender Equality Laws . Government should entrench gender equality in the Nigerian Constitution, enact laws that will eliminate gender inequalities, strengthen and mandate institutions to implement gender mainstreaming. . Make amendments to political party constitutions, encourage judicial activism in the interpretation of laws and cultural norms and support prominent female champions.
Education of the Girl Child . Provide equal education rights to both girls and boys. . Actively promote women in STEM because these are the fields where women have been underrepresented at senior levels historically.
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7.3.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. The patriarchal language of the Bar . Engage and collaborate with the should evolve to recognise and embrace Federal Collaboration private sector to promote gender gender diversity in the Bar and the Bench. NBA Government equality and women empowerment. . Entrench gender equality in NBA constitution and advocate gender equality in Government.
. Entrench gender equality in the Nigerian Constitution, enact laws that will eliminate gender inequalities, strengthen and mandate institutions to implement . Work with government to identify and Laws Legislature NBA gender mainstreaming. amend anti-gender laws. . Amend political party constitutions, encourage judicial activism in the interpretation of laws and cultural norms and support prominent female champions.
. Expand the links between the older Federal . Expand the links between the older and Role models NBA and younger women in rural and Government younger women in rural and urban areas. urban areas. . Stop gender discrimination. Federal NBA / Government/ . Advocate against gender discrimination. Legal Education . Promote STEM education among Ministry of . Actively promote women in STEM Practitioners / girls. Education General Public
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7.4 Opening the Window of Lawyer Wellness and Mental Health Concerns
7.4.1 Objectives
. To propose practical ways to deal with stress while still being effective in the workplace. . Ways to minimize stress triggers and advice on how to manage working in these conditions. . Shared statistics and personal stories illustrating the need for addressing emotional and mental well-being in the legal profession. . Creating a safe and healthy environment for lawyers. . Dealing with stigmatization. . Practical advice on how to develop tailored; enterprise-wide well-being solutions. . Substance abuse and professional ethics: how to protect both the person and the profession. . Minimize the risk of using controlled substances. . Lawyers should know about addiction and provide practical advice for persons struggling with addiction.
7.4.2 Background
There has been increasing global conversation around mental health and well-being of lawyers in recent years, resulting in several initiatives on awareness of and concrete action on mental health. Growing evidence from a survey of 104 occupations reveals that the legal profession has the highest rate of depression and mental instability due to the high level of stress, extremely long workhours, huge workload and unrelenting requirement to meet clients’ and business demands. Also, the stigmatising nature of mental illness tends to make legal practitioners conceal, underestimate or neglect mental issues that negatively impact their level of productivity. In most cases, the victims deny poor mental health conditions because it is perceived as a sign of weakness and may be an impediment to their promotion.
To change this narrative, a paradigm shift is needed in the practice of the legal profession. This is not expected to change the way the legal business is done, but rather to provoke changes that still achieve the objectives of the profession but with the wellness of the legal professionals at the center. As discussions deepen on the working condition, promotion, remuneration and the empathy gap that exists in law firms between principals and their subordinates, it is important to ameliorate the rising concerns in the workplace.
7.4.3 Issues / Challenges Complete Lack of Empathy and Competitiveness among Legal Practitioners The competitive structure of Nigeria’s legal environment does not encourage empathy amongst and between legal practitioners. Sharing mental concerns is non-existent in the legal system as the legal workplace breeds competitiveness among legal practitioners. The rise of competitiveness and social prestige in the legal system is in direct correlation with poorer mental states of legal practitioners. Legal practitioners seek benefits at the expense of other stakeholders, and this has led to poor working relationships between legal colleagues, disregard for the clients’ viewpoint and ill management of emotional energy in handling tasking issues. Legal practitioners easily experience depression, anxiety and stress when they do not meet their set targets and express these harmful emotions in dealings with clients and other stakeholders. Poor Remuneration for Junior Legal Practitioners The unfair treatment of junior legal practitioners by their principals is a key factor in poor mental state of mind. Issues such as poor remuneration, lack of motivation and recognition, high level of
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stress, among others are triggers of depression and mental instability of junior lawyers, which invariably destroys cordial relationship between senior and junior lawyers.
Stigmatising Effect of Mental Illness The stigmatising effect that comes from stereotypical labelling of mental illness patients has led to minimal discussion on the subject. Improper labelling of mental issues by practitioners, addressing mental health as a “spiritual or generational” problem and not as a health issue has aided the stigma that exists in discussing mental health issues. Legal practitioners also avoid the subject to maintain societal prestige and unwanted stereotypical labelling in the profession.
Limited Information on Mental Illness Information is key to determining the nature and degree of mental illness as well as the mode of intervention required. Improper diagnosis of mental illness exists in legal practice due to lack of objectivity from psychiatrists and use of ambiguous languages in addressing illnesses, making unclear the understating of mental illness. When individuals are faced with symptoms of mental problems, they refuse to accept and to seek adequate therapy. 7.4.4 Recommendations
Mental Health Awareness . While significant progress has been made to promote lawyer mental wellness, there should be increased awareness campaigns through initiatives that advocate the importance of lawyer mental wellness and the harmful effects of poor mental health without medical intervention. . Mental health stigma and negative stereotypes should be discouraged, and lawyers should consult psychiatrists or counselors regularly.
Mental Health Education . The Nigerian Law School should design short courses on mental health and wellness, coupled with extensive studies on the mental health state of legal practitioners. A module on mental health can be included in the Law Education curriculum.
The Work Environment and Culture . Workplace culture should reflect an open and honest culture where staff feel supported and able to express personal concerns without fear of the implication for their career growth. . The structure and policy that governs the working condition of young lawyers in law firms/organizations should be reviewed. . Notwithstanding that Health Management Organisations (HMOs) exist, legal firms should mandate other employee management schemes such as the Employees Assistant Programmes to promote a better sense of connection and well-being for legal practitioners with mental health. . The relationship between senior and junior lawyers should be more empathetic and attention given to the welfare of employees to motivate and foster a more productive workplace.
Mental Health Law . The Lunacy Act of 1958 that criminalises suicide or attempted suicide should be reviewed in view of the stigmatisation of mental health. Such cases should not be treated as criminal offences, but should rather be given attention/care as would be given to anyone with mental illness. . Speedy passage of the Mental Health Act, which is currently stalled in the Senate.
Improving Mental Health . In prescribing measures for recovery from the complexities of mental health issues, practitioners should deploy the following three methods:
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Information: Persons concerned should seek relevant information that will aid proper diagnosis in order to accelerate treatment and recovery. Social Connection: Social connection has more impact on mental health than obesity, hypertension and stress. Practitioners should be intentional about connecting with professional colleagues and personal relations to de-stress and express their concerns. Meditation: Lawyers should give attention to their thoughts and take moments to live in the present. This will reduce the impact of anxiety, depression and the need for medication.
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7.4.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Design short courses on mental health Council of Mental Health and wellness of legal practitioners. Legal Education . Include a module on mental health in the Education Law Education curriculum.
. Increase awareness through advocacy on the importance of lawyers’ mental wellness and the harmful effects of mental Mental Health NBA / Legal health without medical intervention. Awareness . Discourage mental health stigma and Practitioners negative stereotypes. . Lawyers should consult psychiatrists or counselors regularly.
. Engage Employee Assistant Programmes to help legal practitioners with mental issues. Workplace . Review the structure and policy that Legal Firms Environment governs the working condition of young lawyers in law firms/organizations. . Improve remuneration and welfare of law practitioners. . Expedite passage of the Mental Health Bill Mental Health Law . Review of the Lunacy Act of 1958 Senate that criminalises suicide or attempted suicide.
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7.5 Medical Negligence: Time to Change the Narrative
7.5.1 Objectives
. To understand the rights and responsibilities of medical practitioners and their clients. . To address the challenges associated with emergency situations and proffer solutions. . To educate participants on the legal framework for handling medical negligence and how the medical and legal professionals can address these.
7.5.2 Background There are knowledge gaps among Nigerians and medical legal experts on the legal framework for medical negligence, which is evident in the handling and conclusion of most medical negligence cases. The doctor-patient relationship is contractual in nature with underlying rights and responsibilities. Doctors have the right to receive payments for services rendered and refuse the treatment of patients based on religious or moral inclination, except he/she is the only medical practitioner available. Doctors also have the exclusive right of therapeutic autonomy to make decisions and be protected in the course of discharging their duties without any form of harassment and intimidation. In addition to the fundamental human rights enshrined in the Constitution, patients have the right to life through qualitative medical care, dignity, privacy and right to refuse medical treatment.
In an attempt to deliver qualitative medical care and address the challenges associated with emergency cases, the Nigerian government enacted the Gun Shot Act 2017 and National Health Act 2014. Based on these, the doctor is duty-bound to attend to emergency situations, and failure of the doctor on duty to attend to an emergency situation makes him/her guilty or liable for an offence which attracts a penalty of N100,000 or six months imprisonment. Conversely, funding constitutes the major setback on the enforcement of these Acts.
There are positive and negative effects to the prosecution of medical negligence. As the rate of litigation on medical negligence increases, medical practitioners tend to be more cautious in exercising the duty of care in discharging their duties. The negative effect is that doctors tend to restrain themselves in giving their best to avoid litigation. In spite of this, there are increasing cases of medical negligence but most of these cases do not see the light of day. This can be attributed to lack of understanding of the mandate and scope of investigative panel by lawyers, major pitfalls at the medical tribunal, lack of investigative evidence of autopsy reports, skills gap in medical legal practices, among others.
Although doctors have the legal responsibility to advise the patient properly, patients are more knowledgeable through seeking alternative sources of treatment and medical advice from the internet. In addressing these challenges, government should enforce the National Health Act and bridge the financing gap for emergency cases. Lawyers should not only build their capacity in medical legal practices but also seek expert intelligence, understand the main drivers of litigation and explore alternative sources of settlement.
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7.5.3 Issues / Challenges
Financing Challenge of Emergency Cases in Nigeria National Health Act 2014 made provision for Health Care Fund to address the financing gap of emergency cases and it is expected to have a share of 1% of Consolidated Revenue Fund. However, the fund is not accessible to emergency health care service providers. Although doctors are expected to stabilize emergency patients, the financing gap remains a major concern. It is difficult for a doctor to save the life of a patient that cannot afford a pint of blood in an emergency situation, or for private hospitals to attend to casualties of road accidents without payment.
Challenge of differentiating Medical Errors from Medical Negligence The public notion that all errors are medical negligence is a misunderstanding; some errors are unintentional. For instance, a surgeon can cut a patient during a surgical procedure without an intention to cause damage. Ideally, most doctors that neglect their duties which consequently cause patients to be harmed are liable for medical negligence. It is important to note that there are occasions where errors are unforeseen and unavoidable. Scientifically, the doctor is expected to know that every action has a corresponding outcome. However, there are situations where the doctor may not be able to predict the outcome. In such instances, doctors may be accused of medical negligence.
Misconception of the Mandate and Scope of the Investigative Panel among Legal Practitioners Many lawyers are not aware that the panel set up by Medical and Dental Associations is investigative and intended to establish prima facie cases. Most counsel approach the panel as prosecution panel by presenting evidence and making argument for their cases. Also, defense counsel wants to be actively involved in the investigation process and seek adjournment. Beyond this, counsel also have the view of getting monetary compensation from the medical tribunal whereas such compensation can only be accessed at the court of law. Ultimately, the defense counsel and the complainants often feel displeased with the decision of the tribunal with the belief that the tribunal can exceed the three decision options that are specified in their rules i.e. suspension of the doctor, admonition of the doctor and removal of the doctor’s name from the register.
Lack of Preparation for Medical Legal Prosecution Some lawyers that handle medical negligence cases are not properly prepared in understanding the guiding rules and principles with respect to medical legal investigation, prosecution, defence or trial. Some legal practitioners have failed to properly engage their clients and review the case file before instituting case action. Lawyers are expected to understand the compelling reason for litigation of medical negligence. Some clients only request apology, closure, monetary compensation, while some others sue based on principles and in order to avoid the repetition of what happened to their loved ones.
Prosecution of Medical Negligence Case without Autopsy Report Many cases of medical negligence lack the basis for prosecution because there is no investigative evidence of coronary autopsy. The autopsy report determines the cause of the death, whether it is natural, homicidal, suicidal or as a result of medical negligence. Where someone died at the hospital with the underlying family suspicion of medical negligence as the cause of the death, it is appropriate and imperative to establish the cause of death through autopsy report.
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The Challenge of Information Age as Alternative Source of Treatment and Doctor’s Counsel Medical practitioners have the legal responsibility to properly advice their patients. Few years ago, there was absence of proper engagement between the doctor and the patients in terms of medical advice and checkup. Recently, patients are very knowledgeable through the internet as they seek alternative sources of treatment and medical advice. The doctor is duty bound to exercise reasonable care in advising and performing his/her duty. Doctors’ advice is usually based on orthodox medicine, but there are instances where patients are aware of alternative medicine and therefore expect doctors to advise them in this direction.
Lack of Public Awareness on the Approach to Cases of Medical Negligence Many medical practitioners have been subjected to humiliation and torture as the complainants resolve to approach the law enforcement agents rather than the Medical and Dental Council. For instance, when patients die at the hospital, some complainants approach the police to arrest and detain the doctors. This is an area of concern to doctors.
Lack of Accessibility to Medical Consultants Most of the consultants in federal and state hospitals are not accessible to the clients or patients. In a situation where consultants are not accessible for 30 days in public hospitals, health care delivery to citizens will be negatively impacted. Challenge of Presenting Evidence The convention advocates that counsel can file in court and petition the Medical and Dental Council. However, filling in court requires the counsel to close the documents. If the counsel awaits the outcome of the tribunal to get the expert evidence in establishing medical negligence of the doctor, the counsel to the complainant may have a challenge of presenting the evidence to the court because that did not arise before the court at the initial stage.
7.5.4 Recommendations
Financing Emergency Cases . Federal Government should enforce the National Health Act 2014 which provides healthcare fund for emergency treatment of patients at hospitals. This will encourage medical practitioners to attend to emergency cases, improve the well-being of citizens and save lives.
Build Capacity . Build capacity of legal and medical practitioners in medical negligence to bridge the skill gap in the prosecution and dispensation of justice in this area. Institutions of learning in legal practice should upgrade their curriculum on medical cases.
Seek Expert Intelligence . Counsel should get expert intelligence from the outcome of medical tribunal and use these as evidence in seeking for compensation at competent courts of laws. Autopsy certified by the coroners is necessary for the pursuit of medical negligence, as a private autopsy report may not be admissible nor have probative value before the court of law.
Create Awareness
. Create awareness on the legal framework that guides medical legal practices to avoid the identified pitfalls and also enhance justice delivery for all parties.
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Explore Alternative Sources of Dealing with Medical Negligence . Lawyers should understand the client’s compelling reason for litigation of medical negligence. Some clients want apology, closure, monetary compensation, while some clients wish to avoid the repetition of the medical negligence.
. Complainants should be encouraged to settle out of court because it may be better than going through the rigour of litigation.
Design Monitoring Mechanisms for the Medical Practitioners . The critical role of medical consultants in quality healthcare delivery requires them to be available at least twice in a week. The Nigerian Medical and Dental Association should set up modality for monitoring the members’ weekly schedule in order to curb absenteeism.
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7.5.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Advocate the enforcement of the . Enforce National Health Act 2014 Nigeria Bar Association/ Financing Federal National Health Act 2014 and Gun and Gun Shot Act 2017 to make Nigeria Medical and Dental emergency cases Government Shot Act 2017 to improve the health Association fund available to emergency care delivery. service providers.
Build capacity Individual lawyers . Upscale in learning Seek expert Prosecuting Counsels intelligence report . Get expert intelligence report.
. Collaborate to educate members of Nigerian Bar Association/ Create the Association on the legal Nigerian Medical and Awareness framework guiding medical legal Dental Council practices. Explore the alternative . Opt for compensation that is devoid Legal Counsel settlement option of the rigour of court litigation.
Design monitoring . Monitor the Consultants’ schedule to Nigerian Medical and mechanism ensure their availability and service Dental Council delivery to the general public.
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Chapter 8 Security and Trafficking
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8.1 Kidnapping and Terrorism: Threat to Freedom, Security and National Development. What can Lawyers do?
8.1.1 Objectives
. To review the issues in the rising incidents of kidnapping and terrorism. . To map Its effects on individual’s freedom, security and national development. . To examine possible intervention by the Bar and Bench in order to stem the tide.
8.1.2 Background
Kidnapping and terrorism are global phenomena that negatively impact employment, economic growth, the labour market and national security. The increased rate and threat to individual security, socio-political and diplomatic sovereignty of the Nigerian State and national development are very worrisome.
The initial militant conflicts in Nigeria were linked to sectional, nationalistic, ethnic or religious interests precipitated by agitations against inequality and marginalisation and for fiscal independence and resource control in different parts of the country. In recent times, there has been repeated occurrence of conflicts and banditry that are attributable to political, economic or ethnic reasons with a new dimension of aggravated violence and criminal tactics such as kidnapping for ransom or bombing of private and public infrastructure, which are categorised as terrorism and typified by the operations of the Boko Haram sect and other criminal gangs.
The 2016 United States Country report on terrorism ranked Nigeria third in prevalence of terrorist activities and the major hub in sub-Saharan Africa. Boko Haram emerged in Nigeria as a religious organisation fighting for the protection of its members, but its tempo intensified with the destruction of properties and lives, and the displacement of innocent Nigerians. As at 2017, Boko Haram was ranked as second most savage terrorist group in the world. While terrorism seems to have reduced to the barest minimum in some nations, Nigerian terrorist acts seem to be on the increase. The global terrorism index ranked Nigeria among the five countries with the highest impact from terrorism based on the number of terrorist incidents and fatalities from the attacks in the last five years.
Kidnapping, which is an unlawful detention of an individual through the use of force, threat or enticement is also a global phenomenon. In Nigeria, kidnapping is a crime punishable by law with various terms of imprisonment, including death penalty. The worrisome impact of kidnapping ranks Nigeria 6th in the number of kidnap cases, negatively impacting foreign direct investment. Poor leadership, poor law enforcement mechanisms, inadequate security system and high unemployment rate are all indicative factors that facilitate kidnapping in Nigeria. Foreign investors and citizens alike are scared of operating in such a hostile environment of insecurity.
The worsening security situation in Nigeria has caused daunting developmental challenges that include poverty in rural and urban areas, high rate of unemployment, rising youth unemployment, low industrial output, double-digit inflation rate, inadequate physical and social infrastructure, high domestic debts and rising stock of external debts.
Lawyers are ministers in the temple of justice and nation builders, with duties to canvass the law and ensure that fundamental rights are respected while ensuring that the provisions of the Administration of Criminal Justice Acts (ACJA) are upheld, especially and in this instance, as it relates to arbitrary arrests and detention.
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8.1.3 Issues/ Challenges
Lack of Effective Legal Framework and Effective Measures to Combat Terrorism There are existing laws with available counter terrorism mechanisms to combat terrorism in Nigeria. However, the absence of an international treaty may have impaired the States and National Assemblies to formulate legal mechanisms aimed at combating and regulating national terrorism. The adequacy and effectiveness of the existing laws and mechanisms are seriously in doubt. Also, inadequate funding of the Police and other security agencies has stymied the ability of the security agencies to effectively combat crimes and criminality in the country.
Lack of Checks and Balances on Power bestowed on the Presidency by the Terrorist Prevention Act The Terrorist Prevention Act 2011 makes provisions for offences relating to conduct or purposes connected with terrorism. However, the Act can be subjected to abuse through the wide powers and discretion given to the President, the Attorney-General of the Federation and the recommendations of the National Security Adviser to declare a suspected person as terrorist. The special powers bestowed upon the National Security Adviser and the Inspector General of Police are also enormous without any corresponding checks and balances from the Legislature or the Judiciary, with dangerous consequences for national security, rule of law and fundamental rights. This makes it possible for a ‘perceived enemy’ to be wrongly labelled or regarded as a terrorist.
Absence of Coherence in the Global Approach to Kidnapping and Terrorism Globally, there are insufficient and uncoordinated central global bodies dedicated to preventing and responding to terrorism and kidnapping.
High Systematic and Political Corruption Political corruption and poor leadership have contributed to the failure of government and the increasing state of insecurity in the country. Political corruption has added another dimension to violence and conflicts, where the contest for political power is characterized by desperation and violent struggles among politicians.
8.1.4 Recommendations
Review of Legal Mechanism . Identify the factors that are responsible for escalation of terrorism.
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. Overhaul existing legal provisions, mechanisms and counter measures against kidnapping and terrorism. . Criminalise and penalise acts of terror and strengthen domestic legislations with measures that are recognized and approved as best practices.
Strengthen Judiciary for Rule of Law . Holistic and total enforcement of Administration of Criminal Justice Act 2015, Administration Of Criminal Justice Laws of the States, the Kidnapping Act, the Terrorism Act and fundamental human rights.
Create Awareness . Lawyers should develop projects and programmes in conflict resolution, peace building, enforcement of anti-terrorism and kidnapping legislature, defence of the integrity of the Bar and Judiciary, and the advancement of common good and rule of Law. . Lawyers should contribute to the global solutions to terrorism and kidnapping by ensuring that measures are well coordinated with minimal frictions in the approaches. . In order to improve the livelihood of the underprivileged, the NBA should set up a Foundation to train and empower the children of the poor, children of its indigent and vulnerable members as well as persons with social challenges. . Advocate systematically for the implementation of a realistic social security programme and ensure citizen’s basic needs are met to reduce the increasing poverty indices.
Combatting Kidnapping and Terrorism . The government should be proactive in curbing security issues through contemporary mechanisms of intelligence gathering and sharing, personnel training, logistics, motivation and deploying advance technology. . The government should accelerate the pace of development by creating an economy with relevant social, economic and physical infrastructures for business operations and industrial growth.
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8.1.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Overhaul existing legal mechanism. . Criminalise and penalise acts of Review of legal Federal terror. mechanism Government . Strengthen domestic legislation with measures globally recognised and approved as best practices.
. Enforce and administer the Strengthen Criminal Justice Act 2015, Legislative / Judiciary for rule of administer Criminal Justice Judiciary law Laws of the States, Kidnapping Act, Terrorism Act and fundamental human rights.
. Develop projects and programmes in conflict resolution and peace building, enforcement of Awareness Legal anti-terrorism and kidnapping legislation. creation practitioners . Ensuring that global measures against terrorism and kidnapping are well coordinated.
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. Set up a Foundation to train and empower children of the poor. NBA . Advocate for the implementation of a realistic social security programme
. Accelerate the pace of development by creating an Combatting economy with relevant social, Federal terrorism and economic and physical Government kidnapping infrastructures for business operations and industrial growth.
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8.2 Modern Day Slavery, Trafficking in Persons, and Irregular Domestic and Cross-Border Migration
8.2.1 Objectives
. To identify the critical issues on modern-day slavery, human trafficking and irregular migration. . To articulate and recommend domestic and global approaches that all stakeholders can adopt to address the scourge.
8.2.2 Background
Human trafficking is widely recognised under the United Nations Office on Drugs and Crimes (UNODC) as a grave violation of fundamental human rights. Globally, millions of men, women and children are trafficked every year, making it the third largest organised crime in the world after arms sales and drug trafficking. Countries that are involved in this criminal activity fall into three categories made up of those that are a destination, transit and/or source of persons. Nigeria is in all three!
The Trafficking Protocol (UN TIP Protocol) was in the Convention against Transnational Organised Crime, which is a United Nations sponsored treaty, adopted in 2000 to prevent, punish and suppress trafficking in persons. This protocol defines comprehensively what trafficking is in three elements viz: The Act which is the recruitment, transportation, transfer, harbouring or receipt of persons; The Means which is the use of threat, force, coercion, adoption, fraud or deception; and The Purpose which is for exploitation.
Exploitation through trafficking includes prostitution of others, sexual exploitation, forced labour, slavery and practices similar to slavery. Commitment from countries is required for domestic implementation of the protocol, as this protocol is not self-executable in international law. Estimates by the International Labour Organization placed child labourers worldwide at 12 million in 2000, the same year the UN TIP Protocol was adopted. About 19% of school children and 14% of street children are trafficked for forced labour to engage in domestic services or to work as prostitutes who are managed by agents and traffickers. Some factors driving child labour include poverty, high levels of illiteracy and perverted societal values.
Human trafficking is covered in Chapter 4 of the Constitution of the Federal Republic of Nigeria, specifically prohibiting the violation of Fundamental Rights. The Trafficking in Persons (Prohibition) Law Enforcement and Administration Act outlined offences of human trafficking and established the National Agency for the Prohibition of Trafficking in Persons (NAPTIP); the Act was passed in 2003, amended in 2005, further amended (with the repeal of the previous version) in 2015 to expand the powers of NAPTIP. The NAPTIP Act, 2003, outlined the causes of human trafficking and child labour migration in Nigeria, and conferred powers on NAPTIP to address the issues.
There are other laws that prohibit trafficking in persons like the Penal Code and Criminal Code, which had been the laws regulating irregular migration prior to the enactment of the NAPTIP Act. NAPTIP harmonized both codes and covered both internal and cross-border trafficking.
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8.2.3 Issues / Challenges
NAPTIP Act The NAPTIP Act covers both trafficking and attempting to traffic. Though the carriers are liable, the legal burden of proof is on the prosecution to prove that the suspected trafficker had knowledge of the act, and this has become an escape route for the traffickers.
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Crimes Unaddressed in the Act Prior to the amendment of the NAPTIP Act in 2015, organ harvesting was not included even though some of the victims were killed and their organs removed and sold. Section 23 of the Labour Act, prohibits forced labour but permits the Minister of Labour to licence private recruiting organisations. Due to improper monitoring of the licensed organisations, criminals take advantage of the loopholes to embark on trafficking. Up till date, perpetrators of trafficking in other countries are only deported without further prosecution.
Migration A lot of trafficking is done under the guise of searching for greener pasture. Migration in itself, is not bad; it turns bad when it violates any of the enactments regulating the movement of persons. Under the law, no one is allowed to consent to being exploited or engaged in any form of illegality, following the Latin doctrine of “Ex turpi causa non oritur action” (from a dishonourable cause an action does not arise). Cultural and Religious Practices Certain cultural and religious practices expose females and children to trafficking and child labour. As the crime of trafficking is done in secrecy, it is difficult to prosecute as the Evidence Act demands corroboration for most sexual offences.
8.2.4 Recommendations
Synergy . There should be synergy between government agencies, especially Nigerian Immigration Services, Nigeria Police Force, and the Courts. . Religious and cultural leaders should collaborate closely, drawing from the lessons of the collaboration between Edo State Government and the Oba of Benin to curb human trafficking.
Funding and Gaps in the Legal Framework . The budget allocation and releases to NAPTIP should be increased to enable effective combat of trafficking. . Government should consult widely before making amendments to the existing Act in working to seal the loopholes in the law that traffickers exploit. Orientation . The government should continuously and in an upscaled manner orientate and educate citizens on the dangers of illegal migration.
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. Families, religious and cultural leaders, and other stakeholders should advocate and educate their members on the dangers of illegal migration.
Employment Opportunities . The government should promote employment, particularly in rural areas to reduce rural/urban migration. States of the Federation should follow the example of those States that already do this through their Skill Acquisition programmes. . NBA should lead by setting up an Empowerment Fund and execute projects that will create jobs.
Strengthen Borders . Strengthen border security to prevent illegal cross-border transit. . Promote extreme measures to restrain cross-border crimes.
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8.2.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
Funding and . Increase NAPTIP’s budget and Federal . Support the government during amendments NBA Gaps personnel. Government . Amend the Act to remove loopholes.
. Government agencies should work together. Federal Synergy . Government should collaborate with Government religious and cultural leaders, and civil society organisations.
Federal . Families, religious and cultural leaders Orientation . Educate citizens on the dangers of NBA Government illegal migration. should educate their members.
Federal and . Set up empowerment fund and/or implement Employment . Provide skill acquisition programmes State NBA Governments projects that create jobs Federal Borders . Improve cross-border security Government
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Chapter 9 Opportunities for Wealth Creation: Lagos and Nasarawa States
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9.1 Focus on Lagos State: Education, Transportation, Health, Environment, Land and Tourism
9.1.1 Objectives
. To review the state and challenges of transportation, environment, energy, technology, land administration and education sectors in Lagos State. . To interrogate the interventions by the Lagos State Government in these sectors towards ensuring that Lagos remains the commercial hub of the nation. . To assess the specific projects and roadmap(s) the new administration in Lagos State is embarking on to ensure sustainable governance in the State.
9.1.2 Background Research has shown that the economy of Lagos State is larger than most economies in Africa and is in fact the largest sub-national economy in Africa. It ranks 5th among the economies of African countries were it to be a sovereign state, independent from Nigeria.
Lagos, with an estimated population of over 21 million people, in conventional terms is a hyper-city and no longer a mega city. It is a dynamic jurisdiction, which welcomes 89 people every hour who have no intention of leaving, totalling about three to four thousand new residents per day and seven hundred and fifty thousand (750,000) per year. Government resources are, therefore, insufficient to manage this rapid growth in the population apart from the natural increase in the existing population of dwellers.
It is, therefore, important for the State to come up with policies and directions to manage this population and its demands/needs effectively. The development agenda for Lagos by the newly elected governor of the State, His Excellency, Babajide Olusola Sanwo-Olu, is known as THEMES, which is an acronym for: T - Traffic Management and Transportation H - Health and Environment E - Education and Technology M - Making Lagos a 21st century economy E - Entertainment and Tourism S - Security and Governance
In line with the government’s core objectives, every commission and agency are tasked with implementing reforms to address the structural problems facing the State.
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9.1.3 Issues / Challenges
Transformation, Creativity and Innovation in Lagos The mandate of the office of Transformation, Creativity and Innovation, Lagos State is to initiate, manage and review current reforms to identify areas that need improvements. The Office acts as consultants to the government in order to develop a fit-for-purpose structure to support operations and it also leverages on technology to improve government services.
One of the initiatives of the Office is the Citizens Gate, an e-platform that allows citizens dialogue with the government without visiting the Lagos State Secretariat. Citizens can lodge complaints or commend the government where necessary. Since its launch, the government has received 4,000 feedbacks from citizens.
An initiative of the Office is the service automation and ease of doing business that deals with issues such as Lands Bureau administration and construction permits issuance. For the latter, an e-platform is in place that makes the process easier. The need for sworn affidavits to process documents has also been eliminated.
Also introduced by the Office is the Growth Mindset, which encourages 21st century public servants to have a creative mind-set. In addition, it came up with the Service Charter and the corporate Human Resource Management model. This HRM model has been understudied by other subnational governments and it is looking at developing a competency framework for the civil service.
Water Resources and the Environment Lagos State is the most populous state in the Federation, but by geography and with a land area of about 3,345 km2, it is the smallest state in the country. The size can be compared with the landmass of some local government areas in the country.
Most parts of Lagos are below sea level, making the inhabitants susceptible to several environmental challenges. Lagos also has only one commodore channel and the constant movement of ships pushes the water back, thus affecting people living along the channel.
Overpopulation is the most prevalent issue affecting Lagos with waste discharge a close second. For a State that is mostly below sea level, failure to implement policies that support an effective system of discharging waste results in flooding when it rains for consecutive days. Another worrisome challenge is the limited capacity of the current major dumpsite at Olusosun given an 170 | P a g e
estimated 14,000 metric tons per day of waste generated in Lagos. Policies are focused on promoting recycling and creating a waste sorting system in the State. Also, finding alternative landfill sites is a priority and there are discussions to collaborate with the Ogun State Government to have another dumpsite in Mowe, Ogun State. Proper waste management will also reduce the adverse effects of improper disposal in drainages and improve recycling of wastewater.
Transportation The challenges of this sector are bad railroad systems, unregulated traffic, the return of unregulated motorcycle operators, non-existent water transport systems, and inadequate roundabouts. In tackling these, the Government intends to implement and enforce traffic laws, complete the blue and red rail lines, reform totally the water and bus transport systems. The reforms should result in the reduction of fares and travel/waiting time, generation of jobs and ultimately, reduction of air pollution.
Lagos has 226 cars per kilometre compared to the national average of 16 cars per kilometre. The terminals for water transportation will be launched in the medium term (2020-2022) to reduce road congestion.
Energy and Natural Resources Energy is crucial to the performance of the economy at the micro and macro levels. As the commercial nerve centre of the country and the State with the highest Internally Generated Revenue (IGR) in the country, State Government needs to urgently address the challenges facing the energy and natural resources sector.
The strategy to be employed includes electrification of 192 schools in Lagos State, enhance street lighting to reduce crime, support LPG advocacy, enhance state revenue through identifying, monitoring and commercialisation of energy resources, and the creation and expansion of clean energy solutions to stakeholders in the State.
Tourism, Arts, Culture and Security The key areas under this are culture and heritage, film and entertainment, sports and welfare. The focus is to make Lagos the choice location for regional and international events and conferences, which requires that the State addresses security issues by enforcing laws. Towards this, there are reforms to engage disruptive “area boys” in meaningful work and increase state policing.
The State sets as priority to make it a choice location for businesses and adventure-seeking tourists, galvanize support for sports at the grassroots levels, and construct a world class sports center and create events that promote sport. The State Government will introduce a mobile app for citizens and visitors alike to find tourist destinations, and it will build a world-class convention centre (to be completed in 3 years) and provide fliers in international airports to introduce and welcome people to Lagos. Lagos will also invest heavily in its beaches to create more tourist attractions.
Lands Bureau Administration Lands Bureau will provide an enabling environment for businesses to thrive by aiding acquisition of land and registration of documents. The Bureau will be a one-stop shop for getting land-related solutions and enable applicants obtain certificates of occupancy electronically.
In the near term (end-2020), the Government plans to introduce an integrated and automated system to transform obsolete procedures for processing title documents. The digitisation of processes at the Lands Registry will reduce drastically favouritism, appointment of supposed agents and the cumbersome processes that legal practitioners go through in making applications. 171 | P a g e
With support from other departments and law offices, Lagos will create a standard form that will be distinctly applicable to each application.
9.1.4 Recommendations
Protect the environment . Lagos State Government should fully enforce compliance with environmental laws and policies. . Organisations whose business activities significantly impact on the environment should be encouraged to leverage Best Available Technology to minimise the impact on the environment. . Education on climate change should begin from secondary schools.
Grow tourism . Implement State policing to reduce/eliminate area boys and miscreants in the society. . Harness and develop cultural, entertainment and arts industry to further boost the State’s IGR and economy.
Energy . NBA should collaborate with the State Government to actualise its initiatives on energy by advocating for the review of the laws relating to the energy sector.
Improve Transportation . The State Government should give high priority to effective traffic management and transportation system, including water and rail transportation.
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Address Homelessness . Lagos State Government should introduce policies with enforcement to minimise and/or eradicate street begging and homelessness.
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9.1.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
Ministry of . Organisations whose business activities Environment . Enforce compliance with General Public Environment / significantly impact on the environment environmental laws and policies. LASEPA should leverage Best Available Technology.
Ministry of Grow tourism . Engage in state policing to Tourism, Arts address security issues. and Culture
Ministry of . Engage and collaborate with relevant MDAs Energy . Review laws relating to the Energy and NBA to review the laws relating to the energy energy sector. Mineral sector. Resources
. Give priority to effective traffic Ministry of Transportation management, transportation Transportation system (including water and rail transportation).
. Introduce policies with Ministry of Homelessness enforcement to minimise and/or Housing eradicate street begging and homelessness.
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9.2 Nasarawa State: Unlocking Opportunities, Creating Wealth - An Interactive Session with the Governor of Nasarawa State
9.2.1 Objectives
. To highlight the potentials of industrialization, agriculture, solid minerals, health services, power generation and tourism in Nasarawa State with the aim of positioning the State for sustainable economic growth. . To explain the role played by the Nasarawa State Government to improve these sectors to ensure that Nasarawa becomes a commercial hub of the nation. . To find out how to unlock the opportunities for wealth creation in Nasarawa State. . To identify specific projects and roadmap(s) that the new administration in Nasarawa State is embarking on to ensure sustainable governance in the State.
9.2.2 Background
Nasarawa State is generally identified with its unique potential as a “Home of Solid Minerals”. Having a land mass of 26,875.59km2, the State is strategically located in the middle belt region of Nigeria and it is one of the most resourceful States of the Federation. The solid mineral deposits cut across the 13 local government areas and accessibility to the State makes it unique, as it shares boundaries with Kaduna State in the north, Plateau State in the east, Taraba and Benue in the south, while it is flanked by Kogi and the Federal Capital Territory (FCT) in the west. This unique location positions the State to have access to the market of any of the geopolitical zones.
The vision of the present administration led by His Excellency, Engr. Abdullahi Sule, Executive Governor of Nasarawa State who has a private sector background, is to be among the top-3 States by year 2023. The strategic focus is to boost foreign and domestic investments, industrialization, job creation and accelerated economic growth. This is realisable by unlocking the investment opportunities in the State and creating an enabling environment for investors. To achieve this vision, the government constituted a State Economic Management and Investment Advisory Council with the aim of fostering economic growth and development of the State. This initiative has started yielding results, as the State Government recently signed a tripartite Memorandum of Understanding (MoU) with Azman Rice Mills and Farms Limited and the host community for the cultivation of 12,000 hectares of land for rice production. The possibility of the State achieving its vision becomes even more evident as the Governor is presently carrying out several infrastructural development projects in the State in the areas of real estate, energy and power, exploration of mineral resources and tourism.
9.2.3 Issues / Challenges
Huge Potential of Solid Minerals Nasarawa State is richly endowed with diverse kinds of solid minerals, which ranges from precious metals to gemstones and industrial minerals such as barites, gypsum, kaolin and marble, coal, tin, iron ore, lead, zinc, bitumen, limestone, topaz, emeralds, sapphire, ruby and tourmaline. Many of these solid minerals are premium quality and yet to be exploited. The present administration is creating an enabling environment for both local and foreign investors to explore and exploit, in an orderly and lawful manner, the mineral resources in the State. The State is able to provide industrial raw materials to
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strategic industries such as cement, construction, manufacturing, steel, oil and gas, among others. In a nutshell, the State has the potential for becoming a strategic industrial hub.
Agricultural Investment Opportunities Agriculture is the mainstay of the State economy with over 70 percent of the population in subsistence farming. The State has 2.7 million hectares of land out of which 1 million hectares is arable and suitable for agribusiness in commercial farming, fishery development, wildlife and forestry. Some of the specific agric-investment opportunities in crop production and processing include sugarcane plantation/sugar refinery, fruit juice processing, cassava processing, flour milling, rice farming and processing, sesame seed processing, shea butter processing, cashew nut and groundnut processing. There are also economically viable trees such as mahogany, shea tree, African Balsam, coffee tree, locus beans trees and iron tree in large scale, and similar opportunities exist in forestry business with timber processing, furniture and allied wood, and also in livestock business such as poultry farming and castle raring both of which provide opportunities in hide and skin and animal feeds industries, among others. To achieve a robust market for the State, incentives are packaged for agro-allied investors.
Repositioning the Public Service As the State Government envisions private sector-led economy, the public service is presently being restructured to offer effective and efficient service delivery to private investors and the general public. In building the capacity in the public service, modalities have been put in place to reform Government ministries, departments and agencies.
Tourism Tourism is one of the key drivers of socio-economic progress. Nasarawa State is naturally endowed with tourist attractions which can be fully developed into attractive holiday resorts for both local and international tourists. The tourism sites include the magnificent Farin Ruwa Falls Resort, Doma Irrigation Dam, Oku Akpa Rock formation, Keana and Awe Salt Villages, Auriwari warm spring and crocodile lake, Ogani fishing water, among others. The State is rich in scenic beauty, visible features and temperate weather with fascinating rocky environment. These are investment opportunities for both the local and international tourism investors and the aim is to rebrand the State as business friendly.
Infrastructure Facilities The State work plan and budget focuses on ease of transportation and transit goods as core components of its growth strategy, recognising that road Infrastructure plays a critical role in facilitating access to market. Nasarawa State government will construct more roads and seek partnership with Chinese investors to construct railway through Apo to Keffi, taking advantage of contiguity of the State to the Federal Capital Territory (FCT) to attract more investors in the mortgage industry to offer affordable property in Nassarawa relative to the FCT. The State Government will leverage the newly constructed Lafia freight airport, which will be an international supply chain link to other States, thereby creating access to foreign markets and partnerships.
Medical Infrastructure Nigeria expends over US$1 billion on medical tourism annually. In achieving its vision 2023, the State Government is committed to setting up a world class tertiary health institution close to Abuja where Nigerian medical professionals in the diaspora will provide technical support and offer first class medical services to Nigerians and foreign residents. Pharmaceutical firms will be set up to produce
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drugs and vaccines at affordable prices. This policy thrust will position Nasarawa State among the top-3 States in human capital development and healthcare delivery. This strategic initiative will not only reduce medical tourism but also boost the State Government revenue. Power Power remains the critical driver of industrialisation. With this in mind, the government is finalising partnership with General Electric to generate 1,000 megawatts from the coal reserves in Obi Local Government and this capacity will be sufficient to meet the energy demands of the State. Also, the State Government intends to propose a solar power agreement to some investors from India. The State will also harness the Farin Ruwa Falls for hydro power generation, the TEDE Hydropower Plant to generate 150MW of electricity from Tede River, while Doma Dam will generate additional 5MW of electricity. The State is endowed with high wind locations that can generate power that ranges from 15 to 30MW. The State is willing to partner with investors in renewable energy.
Mortgage and Foreclosure Law The potential for the real estate sector in Nasarawa State is being hampered by poor land administration. Emphasis will be on the proposed mortgage and foreclosure law whose enforcement will reposition land administration in the State.
9.2.4 Recommendations
Land Administration . Enforce mortgage and foreclosure law to make land allocation and registration procedures both time and cost effective, and ultimately improve developer participation in housing development. . Digitise land administration by providing technical platforms that enable digitisation of all land records, automate and optimise the Ministry of Lands and Physical Planning (MLPP) land administration processes, procedures, services and products.
Leverage Technology . Develop and implement a digital strategy to increase broadband penetration. . Attract technology companies to the State by creating ICT Hubs.
Power . Finalise the partnership with General Electric (GE) to generate power . Finalise arrangement with investors from India for a solar power agreement. Civil Service Restructuring and Anti-Corruption Sanctioning . Create a legal framework to enable transparent, effective and fair governance by deepening robust anti-corruption initiatives. . Improve security provisions, revitalisation of the civil service and co-ordination across all local government areas.
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9.2.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
Land State . Enforce mortgage and foreclosure law. Administration . Digitise land administration. Government
. Develop and implement a digital strategy Leverage State to increase broadband penetration. technology . Create ICT Hubs to attract technology Government companies to the State.
State Energy . Finalise the partnership with GE to Government generate power.
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. Finalise proposal of a solar power agreement with investors from India.
. Construct and rehabilitate more access roads to facilitate transportation. State Transportation . Finalise arrangement with Chinese Government investors on constructing a railway through Apo to Keffi.
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Chapter 10 Technology and the Law
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10.1 The Next Generation of Lawyers
10.1.1 Objectives
. To explore all the options and possibilities that confront the legal profession in a complex and rapidly changing world. . To advocate change in the mode of training for lawyers, and the attitude of new generation lawyers to conform with international best practices as well as modern law practice.
10.1.2 Background With the huge prospects inherent in young demographics that constitute more than half of the estimated Nigerian population, it is imperative for the nation to harness and translate these capabilities by invigorating its youth with new economic opportunities. The National Economic Empowerment and Development Strategy (NEEDS) as designed by the Nigerian Government was to empower people with the right skillset and requisite knowledge that will prepare them for the world of work or self-employment and ultimately contribute to national development. One of the objectives of NEEDS was to improve the quality of graduates produced such that they can adapt quickly to modern industrialised economy that is driven largely by technology. Sadly, this was yet to happen in the legal profession. The declining standard of legal education in Nigeria led the Presidential Commission on the Reform of the Administration of Justice in 2006 to initiate the reform of the legal education.
The reform focused on enhancing the capacity of the Nigerian Law School in tandem with strengthening the quality of the system. Accordingly, a new curriculum was adopted by the Nigerian Law School and the Nigerian Bar Association also adopted the mandatory Continuing Legal Education (CLE) rules that require lawyers to maintain minimum standards of professional competence throughout their career in law practice.
Many law school graduates are not exposed to the right skillsets to meet the need of the changing times, and the situation is exacerbated by the state of the labour market as young legal practitioners have been transformed by the changes in the economic, social, political and demographic environment of legal education. The implication of these phenomenal changes is that legal education must come to terms with these contemporary realities in order to equip aspiring lawyers and lawyers in general with the requisite lawyering skills to handle the demands of the millennial and cope with the future.
The education of next generation of lawyers in an emerging diversified technological landscape should seek to empower Nigerian lawyers with the requisite knowledge and right skillsets that would prepare them for the world of work.
10.1.3 Issues / Challenges
Abusive Practice and Disobedience of Court Orders by Law Officers who misuse the Knowledge of the Law As opposed to harnessing State power to drive changes with the rule of law, justice and civil rights, legal officers working in administrative organs of government and in the justice sector at the Federal and State levels who ought to uphold the rule of law allow the forces of power over the due process of law. The risk is that the next generation of lawyers who are the future of law in Nigeria are taking a cue from such abuse of the rule of law.
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Poor Learning Environment and Training Content bequeathed to Lawyers The primary obligation of the government is to provide an enabling environment for learning and practice, which environment must cover infrastructure, empowering economy, political and social factors. The essence of the Nigerian Law School in maintaining a rigorous programme that prepares lawyers for admission to the Bar and for effective, ethical and responsible participation in the legal profession has been stymied by the deteriorating environmental condition of Nigeria. The environment of legal practice should be made conducive for the training and practice of law so lawyers may thrive and stay competitive.
Significant shift in Training Methodology from the Traditional Mode of Learning As society evolves with the advent of technology, the mode of training and courses change. The current Nigerian educational system focuses on passing knowledge without empowering lawyers with relevant skills. This is also evident in many universities because they still adopt the same mode and style in educating lawyers. As a result of technological integration into the educational system, the traditional mode and style of training has become obsolete, with a growing need to embrace technology and innovation.
Inadequate Leadership and Entrepreneurial Legal Education Without strengthening the curriculum of both the law faculties and the Law School with enhanced business and financial literacy, the next generation of lawyers do not stand the chance of being attractive to employers, let alone take over the business and financial sectors of the economy as corporate leaders. The gap in the leadership skills of Nigerian lawyers still exists due to inadequate linkage between entrepreneurship and empirical legal education in a global and cross-cultural context, despite the fact that the curriculum of law degree programmes now include entrepreneurship and entrepreneurial skills,.
10.1.4 Recommendations
Creating an Enabling Environment for Lawyers . Lawyers should be taught the importance of a court order regardless of the nature of judgment, whether it is absolute or binding on all units. Unless such judgment is otherwise legally and legitimately set aside by a competent court, it remains valid and binding. . Lawyers should be trained to conform to the ethics and traditions of the legal profession, to exhibit the highest sense of integrity and candour in the discharge of their professional calling, and to imbibe the ideals of the rule of law, social justice and community service such as providing free legal services to the indigent and encouraging the development of opportunities for access to justice.
Entrepreneurial Legal Training . Blend entrepreneurial teaching with experiential legal education in a global context in order to clothe the next generation of lawyers with the enablement for them to make a mark in global business as leaders. . Upgrade and continuously update the curriculum of the Nigerian Law School every two years to assist lawyers adopt skills-based, interactive and clinical methods of learning that would adequately prepare them for their roles as lawyers. . Educate and train lawyers on vocational skills that would enable them function optimally as Barristers and Solicitors. Conduct training impact assessment immediately after the training in order to attain best practice in the legal education. . Improve the learning environment to foster the quick understanding of the subject of discourse by the students.
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. The National Judicial Institute should collaborate with the NBA in enhancing quality content for training Honourable Justices and Judges on changes in the multi-cultural environment.
Technology . Enhance the technical skills of the next generation of lawyers in the areas of digital communication, foundational technologies, enabling technologies and transformational technologies, with tutorials by real players in computer and data science as well as statistics.
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10.1.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Train lawyers to conform to the ethics and traditions of the legal profession, Create an enabling to exhibit the highest sense of integrity Nigerian Law environment for and candour in the discharge of their School lawyers professional calling. . Train lawyers on the importance of court orders regardless of the nature of judgment.
. Blend entrepreneurial teaching with experiential legal education in a global context. . Upgrade and continuously update the curriculum of the Nigerian Law School . Enhance quality content for training Entrepreneurial every two years. Nigerian Law Honourable Justices and Judges on NBA / National legal training School changes in the multi-cultural Judicial Institute . Conduct training impact assessment environment. immediately after training. . Improve the existing learning environment to foster quick understanding of the subject of discourse by students.
. Enhance the technical skills of lawyers Technology in digital communication, foundational NBA technologies, enabling technologies and transformational technologies.
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10.2 Breakout Session 8: Modern Trends in Evidence: Gathering, Preserving and Presenting Evidence in the Digital Age
10.2.1 Objective
. To discuss the modern trends in evidence, including gathering, preserving and presenting of evidence in the digital age.
10.2.2 Background
There has been an upsurge in technology application in various activities that include the law and its processes. The influence of technology has changed and transformed the legal architecture, revolutionising every aspect of sourcing for evidence. Litigation practice has significantly changed with the advent of technology in gathering and presenting evidence, as pieces of evidence are now being presented electronically.
The Evidence Act before 2011, was based on the provisions of the Ordinance Evidence where the Act did not define evidence to include electronic evidence. The provision of Section 258 in the Evidence Act 2011 however, defined evidence beyond document, thereby eliminating the controversy of the admissibility of electronic evidence and defined evidence as any device that can be used to store information, including computer printout, metadata, YouTube, photographs, and other digital and electronic evidences. Rather than focusing on principles relating to the admissibility of evidence in court, emphasis should be placed on modifying the evidence law to set a framework that admits pieces of electronic evidence in litigation.
10.2.3 Issues / Challenges
Unjust Court Decisions due to Ambiguous Amendment of the Evidence Act 2011 . The ambiguity of the provision on Digital Evidence in Section 2 of the Evidence Act 2011, has led to some wrongful decisions. There are several conflicting decisions of the Court of Appeal due to the unfair dismissal of credible electronic evidence. Even when pieces of electronic evidence are admitted, it must be given the proper probative value.
Inconsistent and Heavy Reliance on Certificate of Authentication by the Court for Electronic Evidences . The growing inconsistency as to whether a certificate of authentication must be tendered in all cases remains contentious. There is presently no clarity on the position of the law for the
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certificate of authentication for cases where the pieces of electronic evidence have been certified. Conversely, there are existing rules for certification of documents e.g. public documents (electronic documents inclusive); private documents such as personal e-mails may not need certification. The provision of Section 84 of the Evidence Act details certain criteria that must be met for admissibility of electronic evidence. Computer evidence is admissible as secondary evidence and not primary evidence in Nigeria, unlike what obtains in most developed countries.
The use of Outdated Traditional Rules in Interpreting Digital Evidences . The Nigerian Constitution states that judgement must be in writing, and this has been misconstrued as using real-time traditional evidence rules to interpret digital evidences, thereby misaligning how relevant, usable and weighty pieces of digital evidence are before the court. Although recognised globally, electronic evidence in Nigeria, is still sometimes regarded as an unconfirmed report.
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Negligent enablement of Cybercrime and the challenge of Prosecuting Cybercrimes . The advent of computer and technology has birthed cyber espionage, cybercrime, cyber warfare and hacking. The prosecution of cybercrime is largely based on digital evidence, with 45 percent of the world population online, and over 55.5 percent of the Nigerian population digital. There has however, been an upsurge in cybercrime. Pieces of evidence in cybercrime are fluid, and the Nigeria judicial system is currently experiencing a high level of tampering with evidence due to traditional forensic analysis which does not depict facts. The main challenges of prosecuting cybercrimes are as follows: No reporting standard for most cybercrimes. Difficulties in gathering evidence. The Judiciary sluggishly coming to terms with technology. Unavailability of the physical location of the person that committed the crime.
10.2.4 Recommendations
Review of Evidence Act 2011 . Amend the Evidence Act to allow electronic evidence in litigation.
Electronic Evidence . Reconsider the principles and rules of the Evidence Act in the light of present-day realities, treating pieces of electronic evidence as primary evidence and not secondary evidence. . Take advantage of the provision of the Administration of Criminal Justice Act by law enforcement units to avoid unnecessary delay in judgment. . Judges and lawyers should familiarise themselves with e-signature, which is recognised by the Evidence Act, and keep abreast of technological developments. As globalisation, technology and laws evolve, lawyers should upskill on modern trends in evidence gathering and presentation. . Justice should be made accessible and not constrained, as courts have the responsibility for the proceedings. Parties should be allowed to bring their form of evidence to prove their case and not apply technicality rules against lawyers.
Certificate of Authentication . In line with the International Telecommunication Union’s (ITU) recommendation, expunge the requirement of a certificate of authentication on any evidence produced before the court.
Cybercrime
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. Reduce the criminal motive in the justice system and improve cyber warfare through relevant skills acquisition and training to understand digital evidence and forensic analysis.
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10.2.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility National
Amendment of Assembly / . Amend the Evidence Act to admit . Advocate for the amendment and NBA Evidence Act 2011 National Judicial adoption of the Evidence Act electronic evidence in litigation. Council
. Reconsider the principles and rules of the Evidence Act to admit electronic Electronic evidence as primary evidence and not Judiciary Evidence secondary evidence. . Give lawyers the opportunity to provide digital evidence before the courts.
Certificate of . Expunge the requirement of producing Judiciary Authentication a certificate of authentication on any evidence produced before the courts.
NBA Cybercrime . Provide training in technical skills for Legal Practice lawyers in analysing forensic evidence.
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10.3 Artificial Intelligence in ADR: The Changing Face of Dispute Resolution
10.3.1 Objective
. To gain understanding of and promote the use of Artificial Intelligence in settling disputes in the law profession. 10.3.2 Introduction The increase in the use of Alternative Dispute Resolution (ADR) can be attributed to the rising number of disputes and slow resolution of such disputes at court sessions, and ADR is perceived to be a cheaper and faster alternative for dispute resolution between opposing parties. The emergence of Artificial Intelligence (AI) has triggered consideration of its possible application in ADR. AI is a system designed to imitate specific human interactions to execute simple or complex tasks, and it is fast gaining traction because of the significant changes that have been recorded with the development and input of AI technology in Online Dispute Resolution (ODR) processes and perhaps the improvement in the efficiency of settling disputes through negotiation, mediation and arbitration. In addition, AI has enhanced dispute resolution through client engagement and proper document review, served as alternative mechanism for dispute resolution such as the Uber resolution system and enables dispute prevention through Smart Contracts, etc.
Countries such as Netherlands, Canada and Australia have introduced the use of AI-based ODR systems such as the Victorian Civil and Administrative Tribunal (VCAT), which is used for tenancy related disputes and Rechtwijzer System (RMIT University and National Legal Aid) which is also used for resolving matters related to family law, child support, debt and tenancy.
Recognizing that AI in law has brought immense opportunities for execution of mandates, its limitation is the conceptual gap of the knowledge domain of the practitioner, which can be addressed by limiting emphasis on the structure of the stored data and perhaps the creation of another intelligent interface. These notwithstanding, the reality is that AI has come to stay, and it is imperative for AI to be adopted in Nigerian courts and by lawyers, arbitrators and other legal practitioners. More so, the legal processes desperately require innovative methods and improved quality of service, as this will foster healthy competition between new law practices and the established players in the field. The motivation for the application of AI is to accelerate efficiency and effectiveness in the legal profession.
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10.3.3 Issues / Challenges
Legal Framework At present, there is no particular reference to an arbitrator as a human being in the ACA, and also some sections are human neutral and therefore, could have AI applied in the legal procedures. Alternatively, there could be another interpretation which assumes that the arbitrator is human. These grey areas need to be reviewed.
Impact of AI on the Legal Profession The emergence of AI in ADR will change the role of traditional Arbitrators to dispute resolution engineers, and this will require new set of skills that is technologically driven and thereby poses a challenge to Arbitrators who are not technology savvy. The impracticably of getting assurance of fairness and integrity as well as protection of parties from technology makes it somewhat incompatible with due process.
The revenue of law firms that do not evolve and advance with technology will be eroded in the near term because legal research, document inspection and translation which AI can be deployed to execute will no longer command the type of fees it does. Also, clients will now be able to handle some of their legal matters independently without any input from the law practice that created the initial intellectual property (IP).
Limitations of AI Application The efficacy of AI is dependent on the quality of the information and data set used in its development, which determines the quality of decisions taken and ultimately the implications of those decisions. These decisions may have an element of bias as they may be easily influenced by the developer and result in skewed decisions. Also, there are ethical concerns on the integrity and authenticity of the data used when deploying AI in ADR and ODR as well as the inflexibility of the process.
Online Etiquette In some countries, consumer, e-commerce and small insurance claims’ disputes are frequently arbitrated upon online. The real challenge though is the development and enforcement of online standards and principles to guide the behaviour, attitude and conduct of arbitrators using the ODR as this cannot be left to the judgment of law professionals.
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10.3.4 Recommendations
Legal Framework . Clear the ambiguity in the current legal framework to allow the adoption of AI and avoid misinterpretation or discretion on the position of the law. The development of a national strategy for AI will give the nation a competitive edge. . The legal framework should be amended or a new one drafted in line with those of developed countries. It must be clear and specific, considering issues such as the role of AI vis-à-vis arbitrators, counsel and experts, and the possibility that the process can be challenged in the national courts at the enforcement stage.
Adaptation . Legal practitioners in Nigeria should build capacity by acquiring knowledge and skills on AI so as to be able to champion the adoption of AI and technology in legal practice in Africa. . The judiciary should adopt AI in evidence evaluation to enhance the quality of justice delivery. . AI should be embedded in schools’ curriculum.
Awareness . The government should promote public awareness of AI and set up a department that will research AI, its concepts and benefits.
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10.3.5 Priorities and Required Action Steps
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Clear the ambiguity that surrounds the current legal framework to allow adoption of AI and avoid misinterpretation or discretion on the Federal Legal Framework position of the law. Government . Amend or draft new legislation on AI adoption in line with what exists in developed countries. . Develop a national strategy for AI to give the nation a competitive edge.
. Create public awareness of AI and set Federal Awareness up a department that continually Government researches AI, its concepts and benefits.
. The Judiciary should use AI in National . Legal practitioners in Nigeria should build Adoption evidence evaluation to enhance the Judicial capacity by acquiring knowledge and skills NBA quality of justice delivery. Council on AI and also champion the adoption of AI and technology in legal practice in Africa.
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10.4 Space, the Final Frontier: Science, Policy, Law and Regulatory Framework
10.4.1 Objectives
. To identify the potentials of the outer space, and the international laws that guide space exploration research, in anticipated innovative fields such as computing and software, energy recycling, miniaturization, among others. . To review Nigeria’s current and existing regulations/policies and make recommendations for improvements and amendments to align with international best practices.
10.4.2 Introduction
The rapid advances in technology have led to the emergence of space technologies to drive growth and improve the lives of people around the world. Space technologies have triggered the rapid development of mining of minerals such as lunar surface materials, oxygen and californium, among others. The quantum discoveries have led to space inventions such as 3D food printing, artificial limbs, shock absorbers for buildings, land mine removals, etc. As at June 2019, the African space market was worth US$7.37 billion and it is estimated to grow by 40% in the next five years, with a market worth of over $10 billion by 2024.
In Nigeria, the National Space Research and Development Agency’s (NASRDA) launched Nigeria’s first satellite in 2003 and others have been launched thereafter. The satellite has had a tremendous impact on the power sector, security, agriculture, communication, education, health, manufacturing, etc. In particular, NASRDA provided imageries of war-torn areas to the Armed Forces and helps them plan adequately in the fight against insurgency. NASRDA Act was however, signed into law in 2010 and the agency was created as the institution in charge of space activities in Nigeria.
Nigeria has significant investment of over $348 million on satellite technology, but this accounts for only 11.5 percent in comparison with other African Countries with Egypt leading with over $708 million (23.3 percent) investment in satellite. In spite of this, the space activities in Nigeria have myriads of challenges such as funding, non-conducive business environment, legislation, lack of private commercial space companies, etc.
It is, therefore, imperative to provoke thoughts of lawyers on possible ways and recommendations that will enable the Government to achieve its fundamental goal of space programmes aimed at sustainable development and security, including disaster and environmental monitoring, scientific research and development, human capacity development and security intelligence.
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10.4.3 Issues / Challenges
Insufficient Funding Limited budget allocation and insufficient funding from the government remains a major challenge to implementation of some of the projects and activities in space technology. NASRDA has therefore, been unable to pursue some of its activities that are crucial to the development and application of space-focused science and technology projects that have socio-economic benefits to the nation.
Unconducive Business Environment There are enormous challenges in the business operating environment that include access to power, insecurity, absence of incentive for research and development, and non-existence of tax holidays for organizations. These all discourage investments by the private sector.
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Lack of understanding of Space Business The space industry being technology-intensive, very few people are knowledgeable in it in Nigeria and even Africa at large, and this also accounts for the slow growth of the industry. There is little if any enlightenment programme by the government to create awareness for prospective investors; the possible or prospective investors are in turn are uninformed on the investment opportunities and in their investment appraisals thereby fostering the thinking that investment in the sector is short to medium-term and as such returns will be in the medium term. Investment in space technology business is, however, long-term in nature and has delayed gratification.
Treaty Agreements Nigeria ratified four of the five original treaties, except the Moon Agreement of 1979. However, beyond ratification of these treaties, Nigeria is yet to domesticate any of the four treaties.
Legislation There has been much difficulty in the enforcement of the provisions of the National Space Research and Development (NASRDA) Act 2010.
10.4.4 Recommendations
Funding . Government should sufficiently fund NASRDA for it to effectively execute its mandate. . The Nigerian government should leverage available landmass for space activities given its commercial viability; government should also invest in spaceports to generate additional revenue for the nation. . There should be funding collaboration between the government and the private sector. . Knowledgeable lawyers with space technology expertise should champion formulation of the right policy.
Awareness . Create special interest groups within the NBA to encourage lawyers get more involved in space laws in Nigeria. . The Nigerian government should carry out enlightenment programmes on space technology and provide incentives for investors in research and development projects that relate to space technology.
Legislation . Domesticate all the ratified space treaties, and effectively enforce the NASRDA Act 2010. 196 | P a g e
Infrastructural Development . The government should develop infrastructure that will attract potential investors in space technology to the Nigerian industry.
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10.4.5 Recommendations
Government-Driven Legal Practice and other Stakeholders
Key Priority Required Action Steps Responsibility Required Action Steps Responsibility
. Set up spaceports in Nigeria as a means to generate revenue for the space industry. . Advocate for knowledgeable lawyers with . Increase budget allocation to Federal space technology expertise to champion Funding NBA / Lawyers NASRDA to enable it implement Government formulation of the right policy. projects that undergird sustainable development and security. . Collaborate with private sector to attract more funds to the industry.
. Conduct enlightenment programmes from time to time to create awareness Federal . Create special interest groups within the Awareness and attract investors. Government/ NBA to increase members’ interest in NBA . Introduce incentives and tax holidays NASRDA space laws. to increase investors’ appetite for the sector.
Infrastructure . Improve the state of infrastructure to Federal
Development ease the challenges of doing Government business.
Federal . Advocate for the domestication of all Legislation . Enforce the NASRDA Act 2010 on NBA Government ratified treaties on space activities. space activities in Nigeria.
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Chapter 11 Future Forward
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11.1 Communique 11.1.1 Introduction The 59th Annual General Conference (AGC) of the Nigerian Bar Association (NBA) was successfully held from Friday, 23rd to Thursday, 29th August 2019 at Eko Hotels & Suites, and Harbour Point, Victoria Island, Lagos, Nigeria. The Conference featured 42 sessions, 209 Nigerian and foreign speakers from the legal and business community, academia, legislature and the public sector, and witnessed a record attendance of over 12,000 delegates. In attendance were the President and Commander-In-Chief of the Armed Forces, Federal Republic of Nigeria, His Excellency Muhammadu Buhari, GCFR, represented by the Honourable Attorney General and Minister of Justice, Federal Republic of Nigeria Abubakar Malami, SAN; the Chief Justice of the Federal Republic of Nigeria, Honourable Justice Dr. Ibrahim Tanko Muhammad, CFR; the Governor, Lagos State, His Excellency Babajid e Sanwo- Olu, represented by the Deputy Governor of Lagos State, Dr. Femi Hamzat; President, International Bar Association, Horacio Bemardes Neto; President, the Nigerian Bar Association, Paul Usoro, SAN, many heads of Federal and State agencies, captains of industry; and leaders of the Bar and Bench. The theme of the 59th AGC "Facing the Future", was carefully chosen to underscore the future of the legal profession, businesses, the judiciary and Government amidst a rapidly changing world driven by fast paced technological innovations and increasing external competition in a globalised world. The conference commenced with the Opening Ceremony, which included a Keynote Address by Horacio Bernardes Neto, the President, International Bar Association; a Special Address by the Honourable Justice Dr. Ibrahim Tanko Muhammad, CFR, the Chief Justice of the Federal Republic of Nigeria; and a declaration of the Conference opening by His Excellency Muhammadu Bu hari, GCFR, the President and Commander-In-Chief of the Armed Forces, Federal Republic of Nigeria , represented by Abubakar Malami, SAN, the Honourable Attorney General and Minister of Justice, Federal Republic of Nigeria. This was immediately followed by a most engaging opening plenary on "The Code of Conduct Tribunal: A Clash of Judicial and Executive Powers" which set the tone for the three-day working sessions of 42 sessions comprising of 4 Plenary Showcase sessions, two States' Showcase and breakout sessions with carefully selected subject matter experts, chairmen and moderators that shared their wealth of knowledge and experience and proposed innovative solutions. 11.1.2 Recommendations Acknowledging the roles of the different stakeholders in "Facing the Future" for the betterment of the legal profession, the Nigerian economy and the general public, the Conference adopted the following recommendations and decisions: Government The status of the Code of Conduct Tribunal has remained a gray area in Nigerian jurisprudence which has given rise to great contention. Thus, with a view to resolving this great contention, the Supreme Court is urged to avail itself any available opportunity to make an unambiguous determination on the status of the Code of Conduct Tribunal, and clarify whether it is an organ of the Executive or a quasi-judicial tribunal capable of being vested with criminal jurisdiction. Judicial officers are encouraged to be independent, courageous and unbiased in the execution of their functions without regard to the appointing authority, in order to bolster and retain confidence of investors, businesses, and the public in the judiciary.
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Recognizing infrastructure funding deficit as one of the biggest challenges to development in Nigeria, the Government should explore alternative financing structures such as Sukuk; asset securitization; land value capture; infrastructure-cum-sovereign bonds and pension assets to plug the vast financing gap, improve public financial management and resolve regulatory and institutional challenges. Acknowledging the effect of a globalized business environment, the desire of Nigerian lawyers to build regional and global law firms and noting the inadequacy of the regulatory framework in Nigeria on the current and future realities of cross• border trade in legal services, the Conference resolved that the NBA should work with the Office of the Attorney General of the Federation and Solicitor General of the Federation to amend existing laws and draft new laws to introduce appropriate innovative structures and models that will advance the developmental interest of Nigerian lawyers and legal services delivery standards; Noting the absence of specialized legislation to regulate the issues of security and protection of human rights in the extractive industry and the importance of the industry to the nation, Government is encouraged to adopt the Voluntary Principles on Security and Human Rights and develop a legal framework for the effective enforcement of the principles in the extractive industry. This measure will lead to the reduction of conflict in the extractive industry, increase in investment and profit, boost in government revenue and improvement of the welfare of the host communities. Government should increase confidence in the domestic business environment by protecting the sanctity of contracts, streamlining the regulatory environment and effecting fraud deterrents. In view of the pervasiveness of social media communication and the inadequacy of Nigeria's penal and criminal codes for the administration of justice on issues arising from social media, the Legislature should enact robust laws that will balance the rights of freedom of speech and the prosecution of crimes engendered by social media. Recognizing the right of citizens to information on amount of taxes collected and usage thereof, Government is encouraged to imbue the principles of transparency and accountability to the citizens and establish audit processes to show that funds are applied judiciously. Gender Based Violence (GBV) is a serious epidemic destroying many communities. Consequently, laws with severe punitive measures for sex offenders should be enacted; sensitisation awareness programmes and community dialogue on GBV should be promoted to remove the stigma around GBV. In view of the increased attack on children and minors in various incidences of violence against persons, particularly GBV, the Child's Right Act 2003 should be reviewed or amended to reflect current trends. Acknowledging the commitment of Government under the Sustainable Development Goal 5 on Gender Equality and Female Empowerment, the dismal record of Nigeria on gender equality, Government is urged to entrench gender equality in the Nigerian Constitution, enact laws that will eliminate gender inequalities, strengthen and mandate institutions to implement gender mainstreaming; in addition, amendments to political party constitutions, judicial activism in the interpretation of laws and cultural norms and support of prominent male champions are required for the attainment of the Sustainable Development Goal 5. Identifying the poor socio-economic situation in Nigeria as a contributory factor for the increase in kidnapping and terrorism, Government is urged to adopt policies that support socioeconomic empowerment without reference to ethnic, religious or geographical location. In addition, there should be holistic and total enforcement of the Criminal Justice Act 2015, Criminal Justice Laws of some of the States, the anti-kidnapping provisions of the Criminal Code Act and the
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Kidnapping Laws of some of the States, Terrorism (Prevention) Act and Fundamental Human Rights to reduce the act of kidnapping and terrorism. Legal Practice and Other Stakeholders Realizing that the African Continental Free Trade Agreement (AfCFTA) will, upon its full implementation, impact the legal profession in the continent, it is imperative for Government trade negotiators to involve the NBA and the Office of the Attorney General of the Federation in the AfCFTA negotiations on services. Legal practitioners should study the agreement, and fully understand the opportunities it presents and be well-prepared to take full benefit of AfCFTA. The prevalence of bullying and sexual harassment in the legal profession should be specifically addressed in the Rules of Professional Conduct of the legal profession, and the requirement for the signing of a code on bullying and sexual harassment by lawyers should be given serious consideration. Recognizing the Rule of Law as one of the core foundational values in a democracy, predicated on an independent judiciary, independent Bar, separation of powers, and access to justice, the Rule of Law should be respected by all, realizing that citizens and government have a duty to protect , safeguard and advance the Rule of Law at all times. Recognizing the role of the Bar in the implementation of the Sustainable Development Goal 5 on Gender Equality and Female Empowerment, the patriarchal language of the Bar should evolve to recognize and embrace gender diversity in the Bar and the Bench and beyond the creation of NBA Women Forum, entrench gender equality in its constitution and advocate gender equality in Government. The Nigerian Bar Association (NBA) should review the Rules of Professional Conduct (RPC) for an improved and efficient disciplinary process. Recognizing the regulatory gap and obsolescence of several laws governing legal practitioners and the practice of law; acknowledging the draft bills produced by the Body of Benchers and Nigerian Bar Association's Legal Profession Regulation Review Committee in this regard , the NBA will urgently set up a committee to harmonize the two draft bills and commence the legislative process for the enactment of necessary laws for improved regulation of legal profession and protection of the future of legal practice in Nigeria. The NBA should set up a monitoring and review process to track the implementation of all recommendations aimed at the development of the legal practice in Nigeria and present a progress report at the next Nigeria Bar Association Annual General Conference. 11.1.3 Conclusion The conference achieved the objective of speaking to the task of "Facing the Future", not just by the NBA, representing all of the legal system, but also the nation, and indeed all of the continent with new initiatives for taking our people forward. In terms of the overarching policy objective, the message of the conference is to move from dialogue to taking positive steps to resolve current problems in a manner that takes us into the future; and helps us achieve our true potentials through scalable and sustainable solutions that will impact the daily life of Nigerians; and through solutions anchored on the true rule of law, fair treatment of our women and youths and inclusion of all in the benefits of technological innovation and new thinking.
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Gbenga Oyebode, MFR Paul Usoro, SAN Chairman,Technical Committee Association President, Nigerian Bar Association on Conference Planning
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Appendices
Appendix A
59th NBA Annual General Conference
Programme of Event Day Date Time Session Activity Speakers Organised By Location Title
Pre- Conference Activities & Social Events
1:00 pm – Friday, 23rd Local Organizing Lagos Central 2:30 pm Jumat Service August 2019 Committee Mosque (1:30mins)
7:00 am – Saturday, 24th Local Organizing Take off from 10:00 am 10km Health Walk August 2019 Committee Harbour Point (3 hours)
9:15 am – Cathedral Local Organizing 11:00 am Thanksgiving Service Church of Committee (1:45mins) Christ, Marina
Hon Justice 5:00 pm – Sunday, 25th Kazeem Aloba
7:00 pm Social Activitiesrence & Events August 2019 Welcome Cocktail Harbour Point Ag Chief Judge (2 hours)
Confe of Lagos State
-
7:00pm – Pre Formal Opening of the Local Organizing 7:30pm (3 Friendship Centre by the Harbour Point Committee hours) President of the NBA
7:00pm – MUSICAL – FELA AND THE KALAKUTA Local Organizing Convention
9:00pm QUEENS Monday Committee Center 7:00pm – Local Organizing Convention PRESIDENT’S DINNER 9:00pm Tuesday Committee Center
6:00pm – Local Organizing Convention MUSIC CONCERT 7:00pm Wednesday Committee Center
Session Day Date Time Activity Speakers Organised By Location Title
Opening Sessions
9:00am - Welcome Remarks 9:10am Gbenga Oyebode, MFR Chairman, Conference Planning (10mins) Monday 9:10am – 26 August Opening Remarks 9:20am Paul Usoro, SAN President, Nigerian Bar Association (10mins)
9:20am – Goodwill Message
on
9:30am H.E. Babajide Sanwo-Olu Governor of Lagos State (10mins)
9:30am – Keynote Address 9:50am Horacio Bernardes Neto President, International Bar
(20mins) Association
Convention Centre
chnical Committee SESSIONS OPENING Conference Planning 9:50am – Te Special Address 10:05am His Lordship, Hon Justice (Dr) Ibrahim Tanko Mohammed, JSC,
(15mins) CFR Chief Justice of Nigeria
10:05am – Cultural Interlude 10:15am Lagos State Cultural Troupe
(10mins)
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10:15am – 10:35am Conference Opening His Excellency Muhammadu (20mins) Buhari, GCFR, President of the Monday Federal Republic of Nigeria 10:35am - 26 August Vote of Thanks 10:45am Jonathan Taidi General Secretary, Nigerian Bar Association (10mins)
Session Day Date Time Activity Speakers Organised By Location Title
General Interest Sessions
Chairman:
Senator Ike Ekweremadu Former Deputy Senate President and Ranking Senator, National Assembly
ON Speakers: Hon. Danladi Umar
Chairman, Code of Conduct on Tribunal
11:00am – Code of Conduct Tribunal: A Day Monday, 26th Mike Ozekhome, SAN Principal 12:30pm
REST SESSI Clash of Judicial and 1 August 2019 Partner, Mike Ozekhome & Co (1:30min Executive Powers s)
PLENARY 1 PLENARY Nella Andem-Rabana, SAN Principal Partner R.A. Lawal-
RAL INTE RAL Rabana & Co Conference Planning
Technical Committee
ENE
G Rotimi Jacobs, SAN Principal Partner, Rotimi Jacobs & Co
Ebun-Olu Adegboruwa Principal Partner Ebun-Olu Adegboruwa & Co
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Chairman:
Austin Alegeh, SAN Managing Partner, Alegeh & Co
Speakers:
Adedayo Toba Apata Solicitor
General/Permanent Secretary, 2:00pm – Cross-Border Trade in Legal Federal Ministry of Justice 4:00pm th Services: Current Realities Monday, 26 Kofo Dosekun Partner, Aluko &
and ZINNIA August 2019 (2hours) Oyebode Eko Hotel Future Possibilities George Etomi, FNIALS Partner, George Etomi & Partners on hnical Committee
Conference Planning
Tec
NERAL INTEREST SESSION NERAL Egbiri I. Egbiri Principal Legal GE Counsel, African Development Bank Group (AfDB Group)
Lere Fashola CEO, Esquire Law
Chairman:
Dr Tammy Danagogo Secretary to the Rivers State Government
ION
Speakers:
e on ESS 2:00pm – Leveraging Technology in Hon Justice Alaba Omolaye- th 3:30pm Justice Monday, 26 Ajileye Judge, Kogi State High August 2019 (1:30min Administration: Issues and Court IRIS s) Challenges
L INTEREST S Hon. Justice Nelson Ogbuanya Eko Hotel Judge, National Industrial
Conference Planning
Technical Committe
ENERA Dr Amanim Akpabio Head, G Department of Public Law University of Uyo
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Mike Mbon Senior ICT Engineer, Conoil Producing
Chairman:
Asue Ighodalo Founding Partner, Banwo & Ighodalo
Speakers:
Chief Assam Assam, SAN Technical LANTANA Bullying and Sexual Principal Partner, Lex Fori Committee on Harassment in the Legal Partners Anulika Osuigwe Legal 9:00am – Conference Eko Hotel Community Practioner Tuesday, 27th 10:45am Planning August 2019 (1:45min Ogaga Emoghwanre Principal s) Partner, Ogaga Emoghwanre Mia Essien, SAN, Carb Managing Partner, Principles Law
ENERAL INTEREST SESSIONS ENERAL
Day G
2 - Launch of IBA Report on Horacio Bernardes Neto Technical Bullying and Sexual President, International Bar Committee on Harassment Association Conference Planning
Chairman:
n
Hon. Justice Teddy Eruba, High Court, Abia State
9:00am – SESSION 10 Things No One Knew at Pats- Speakers: Tuesday, 27th 10:30am Law School – Learning to Ocholonu Hall August 2019 Practice Harbour Point (1:30min Dr. Dapo Olanipekun, SAN Lead s) or Practicing to Learn Partner, Esher & Makarios (Tent 2)
Maureen Stanley-Idum Deputy
Conference Planning
Director General, Head, Enugu Technical o Committee Campus, Nigerian Law School
GENERAL INTEREST GENERAL
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Olajide Abiodun Legal Officer, Ikorodu North LCDA Lagos State Government
Zainab Mohammed Counsel, A.M. Inuwa & Co
Emokiniovo Dafe-Akpedeye Compos Mentis Chambers
Chairperson:
Dr. Cheluchi Onyemelukwe
Managing Partner, Health Ethics and Law Consulting & Associate
Professor, Babcock University
School of Law ing
SESSION Opening the Window on th Lawyer Wellness & Mental Speakers:
Tuesday, 27 11:00am – Plann
August 2019 Health 12:30pm EREST Dr Otefe Edebi Consultant Concerns Psychiatrist and Psychologist, LANTANA
Medical Director, Tranquil & Quest nference
Co
Technical on Committee
NERAL INT NERAL Lade Olugbemi Founder, The NOUS
GE
Chude Jideonwo CEO, Joyhub Inc
Chairman:
Prof. Barth Nnaji Chairman,
e on 11:00am – Geometric Power Limited
SPACE, THE FINAL lanning Tuesday, 27th 12:30pm Speakers
INTEREST FRONTIER: Science, Policy August 2019 (1:30mins and Law Dr Gbenga Oduntan Associate l Committe ) SESSION Professor, International Commercial Law, University of
Conference P GENERAL Kent, United Kingdom
Technica
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Motolani Fadahunsi-Banjo Chief Legal Officer, National Space Research and Development Agency
Temidayo Isaiah Oniosun Managing Director, Space in Africa
Chairman:
Dr Olisa Agbakoba, SAN Founder, Olisa Agbakoba Legal
Key Note:
Horacio Bernardes Neto President, International Bar Association
Speakers:
Hon Justice Obande Ogbuinya, PLENARY 2 JCA, CON Justice of the Court of Technical 2:00pm – - Appeal Tuesday, 27th THE RULE OF LAW Committee on 4:00pm August 2019 GENERAL SYMPOSIUM Conference (2hours) INTEREST Planning SESSION Senator Enyinnaya Abaribe Senate Minority Leader, National Assembly
Chris Uche, SAN Principal Partner, Chris Uche, SAN & Co
Offiong E.B. Offiong, SAN Principal Partner, OEB Offiong & Co
Stephen Cragg, QC Bar Human Rights Committee of England and Wales
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Ms Priscilla Ankut Component 2 Manager, Rule of Law and Anti- Corruption (ROLAC) Programme
David Anyaele Disability Activist & Social Worker
Chairman:
Prof Ezenwa Ngwakwe Faculty of Law, Abia State University
Lead Speaker:
0900 - Osai Ojigho Country Director, Technical
Wednesday, 1030 Judicial Protection of Amnesty International Committee on 28th August Economic, Social and
2019 (1:30min Cultural Rights Speakers: Conference s) Planning Dr. Dorcas Odunaike Head of Department, Private and Commercial Law, Babcock
ENERAL INTEREST SESSION ENERAL University, Ogun State G Eno-Obong Akpan Trustee and Board Member, Humanitarian League
Chairperson:
H.E. Erelu Bisi Fayemi, First Lady, Ekiti State 0900 - The Crisis of Sexual and Technical
Pats- Wednesday, 1030 Gender-Based Violence in Committee on Day th Speakers: 28 August our Ocholonu 3 2019 (1:30min Olawale Fapohunda Attorney Conference
SESSION Hall s) Communities General, Ekiti State Planning
ENERAL INTEREST ENERAL
G Itoro Eze Anaba Founder, Mirabel Center
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Rhoda Tyoden President, FIDA, Nigeria
Chairperson:
Priscilla Kuye Past President, NBA
Lead Speaker:
Modern Day Slavery, Prof. Joy Ngozi Ezeilo, OON Technical Wednesday, Trafficking in Persons and Dean, Faculty of Law, University Committee on LANTANA 28th August EST SESSION Irregular of Nigeria, Enugu Campus 2019 Conference Eko Hotel Migration Speakers: Planning Kaka S. Lawan Past Attorney General, Borno State
GENERAL INTER GENERAL Dr. Anselm Abonyi Lecturer, Faculty of Law, Chukwuemeka Odumegwu Ojukwu University
Chairman:
Alh Aliko Dangote, GCON
President/CEO, Dangote Industries IMPLEMENTING
tee on tee SUSTAINABLE Lead Speaker: Wednesday, ZINNIA th DEVELOPMENT GOAL 5: 28 August Dr Herbert Wigwe Group Eko Hotel 2019 GENDER EQUALITY AND Managing Director, Access Bank FEMALE EMPOWERMENT Speakers:
RAL INTEREST RAL SESSION
Conference Planning
Hon. Justice Uzo Anyanwu- Technical Commit
GENE Ndukwe, JCA Justice of the Court of Appeal
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Senator Betty Apiafi, DSSRS Chairman, Senate Committee on Women Affairs & Youth Development, National Assembly
Dr. Abiola Akiyode-Afolabi Lecturer, Faculty of Law, University of Lagos & Executive Director, Women Advocate Research and Documentation Center
Chairman:
Chief Wole Olanipekun, SAN Principal Partner, Wole
Olanipekun & Co PLENARY 1500 - Lead Speaker: Wednesday, 1630 4 Convention
THE FUTURE OF THE Planning 28th August Chief Anthony Idigbe, SAN LEGAL PROFESSION 2019 (1:30min GENERAL Senior Partner, Punuka Attorneys Center
s) INTEREST & Solicitors rence SESSION Speakers: on hnical Committee
Confe
Tec Prof Fabian Ajogwu, SAN Principal Partner, Kenna & Partners
Senator Ita Enang Senior Special Assistant to President
Muhammadu Buhari on National Assembly Matters
CONFERENCE DAY 4 – THURSDAY 29 AUGUST
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Day Date Time Session Activity Speakers Organised By Location
General Interest Showcase Sessions
Lead Presenters
Mr. Femi Otunsanya DG/CEO Office of Transformation, Creativity and Innovation.
Moyosore Onigbanjo (SAN)
Commissioner for Justice and the Attorney General of Lagos State.
Panelists:
ASE SESSION 09:00 am – Mr.Tunji Bello Wednesday, Focus on Lagos State Lagos State IRIS Day 3 28th August 10:30 am Commissioner for Environment Showcase Eko Hotel 2019 (1 hour) and Water Resources
REST SHOWC Engineer Olalere Odusote
Commissioner for Energy and Mineral Resource, Lagos State
RAL INTE RAL Mr Olabode Agoro
ENE
G Permanent Secretary, Lands Bureau
Dr. Frederic Oladeinde
Commissioner for Transport, Lagos State
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Moderator:
Ibrahim Abdullahi SSA Investment to the Governor on Investment & Economic Development Lead Presenter:
Nasarawa State:Unlocking H.E. Engr Abdullahi Sule The 02:00 pm – Opportunities,Creating Governor Of Nasarawa State Nasarawa State IRIS 03:00 pm Wealth –An Interactive Speakers: Showcase Eko Hotel (1 hour) Session with Governor of Nasarawa State Prof Konyin Ajayi, SAN Chairman, Nasarawa Investment & Economic Advisory Council Dr Faisal Shuaib Executive Director/CEO,National Primary Health Care Development Agency
Paul Usoro, SAN President, Nigerian Bar Association
Day Date Time Session Activity Speakers Organised By Location
Committee Sessions
Moderator:
Felicia Kemi Segun Managing
Partner, ACAS-Law
tee
Speakers: 2:00 pm – Building Indigenous Day Monday, 26th Jasmine Eko Capacity in the oil and Gas Dr. Ibilola Amao Principal Consultant, 1 August 2019 3:30 pm(1: Hotel 30mins) Industry Lonadek Oil and Gas Ltd
Resources & Simbi Wabote Executive Secretary, nergy, Natural
E
MMITTEE SESSION Nigerian Content
Environment Commit
CO Development and Monitoring Board
Victor Okoronkwo Group Managing Director, Aiteo Group 216 | P a g e
Ozim Obasi General Counsel, East Africa & Equitorial Guinea, Baker Hughes
Moderator:
Ayodele Akintunde, SAN Partner, Ayodele Akintunde & Co Speakers:
al 2:00 pm – th Professor Oyelowo Oyewo Attorney Monday, 26 Social Media: Culture, Lantana Eko General, Oyo State August 2019 3:30 pm(1: Liability and Professional ommittee Hotel 30mins) Damilola Odufuwa Social Media
and Individu Strategist
Rights C Adedunmade Onibokun Managing Law Partner, Adedunmade Onibokun & Co
COMMITTEE SESSION Chioma Agwuegbo Founder, TechHer Chairman:
Dr Darl Uzuh CEO, Enyimba Economic City
Lead Speaker:
Engr. Chidi Izuwah Director General, w 2:00 pm – Infrastructure Financing in Infrastructure Concession Regulatory Monday, 26th Nigeria: Public Private Orchid Eko Commission
August 2019 3:30 pm(1: Partnership; Sukuk and the mittee Hotel Speakers: 30mins) Future
Com
Mr Ndako Mijindadi Head, Development La Investment Management and
COMMITTEE SESSION Research, Lotus Capital Attahiru Maccido Director, Buraq Capital Chibuzo Ekwekwuo Managing Partner, A & E Law Partnership
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Moderator:
Bidemi Ademola General Counsel, Ghana Nigeria & Company Secretary, Unilever Nigeria Plc
Lead Speaker:
Prof Bankole Sodipo Partner, Chief
G.O. Sodipo & Co Kayode Eso 2:00 pm – A Future Fit Legal & Monday, 26th Ajibola Olomola Partner, KPMG Hall 3:30 pm(1: Regulatory Framework for Professional August 2019 Harbour 30mins) Corporate Counsel Uzoma Uja Head, Legal Services Committee Point (Tent 1)
Access Bank Plc Corporate Counsel
COMMITTEE SESSION Ifedayo Iroche General Counsel/Company Secretary, Chi Limited
Bode Ayeku General Counsel/Company Secretary, Nestle, Nigeria
Moderator:
Oluseun Abimbola Partner, Prime
2:00 pm – SSION Solicitors Pats- th Monday, 26 SE A Workshop on Financial Ocholonu Hall August 2019 3:30 pm(1: Skills101 for Lawyers Facilitator: Harbour Point 30mins) (Tent 2) Olusegun Adeduntan Adebiyi, FCA Country Senior Partner, OACO
COMMITTEE Professional Services
3:00 pm – Moderator: Civil Litigation & Monday, 26th 5:00 pm Modern Trends in Evidence: Lantana Eko
August 2019 e Gathering, Preserving and Roland Otaru SAN Principal Partner, Professional Hotel (2 hours) Presenting Evidence in the Otaru Otaru & Co
Sessions
Committe
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Digital Age Development Speakers: Committee Hon. Justice B.B. Kanyip, Phd National Industrial Court
Prof. Joash Amupitan, SAN Faculty of Law, University of Jos
Mr Aham Eke Ejelam, SAN Partner, Principles Law Partnership
Moderator:
Afam Nwokedi Principal *Counsel, Stillwaters Law Firm
Lead Speaker:
Engr. U. B. Bindir President, Think
Tank Committee Songhai Centre, Kayode Eso Porto Novo Intellectual 3:00 pm – A New Era of No Boundaries – Hall Monday, 26th 5:00 pm Property The Intellectual Property Age Speakers: August 2019 Harbour Point of Ideas and Solutions (2 hours) Prof. (Mrs) Adejoke Oyewunmi Committee (Tent 1) Department of Commercial and
Committee Sessions Industrial Law, Faculty of Law, University of Lagos
Obi Asika Founder & Chairman Dragon Africa
Franklyn Nlerum Partner, Paul Edmond LP
3:00 pm – Moderator: Law Firm th The Incursion of Multi- Monday, 26 ns IRIS Eko 5:00 pm disciplinary Firms: Any Management August 2019 e Mrs Sola Adegbonmire Managing Hotel Regulation? (2 hours) Partner, Sola Ajijola & Co & Professional
Sessio
Committe
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Speakers: Development
Chuka Agbu, SAN Senior Partner, Committee Lexavier Partners
Femi Lijadu Chairman, Securities Exchange Commission
Dr Josh Bamfo Partner, Andersen Tax, Nigeria
Sulaiman Usman, SAN Principal Partner, Gamzaki Law Chambers
Chairperson:
Anne-Beatrice Bullinge Deputy Ambassador, Switzerland Embassy in Nigeria
Lead Speaker:
Toye Fatoki External Security
Relations Manager, Shell Examining Security and 3:00 pm – Speakers: Economic th Human Rights Issues in Monday, 26 5:00 pm Development ORCHID Eko Nigeria’s Extractive Industry August 2019 Anthony Ojukwu Executive Secretary, Hotel (2 hours) Committee National Human Rights Commission
Adaeze Nwokoby Company
Committee Sessions Secretary/GM Legal, OVH Energy OANDO
Prof Wahab Egbewole, SAN Principal Counsel, Prof Wahab Egbewole & Co
Israel Usman Managing Partner, Classfield Solicitors Nigeria
th Monday, 26 C o 3:00m m pmi –t t e e S e Brexit:s s Potentiali o n Impacts on Aigboje Aig-Imoukhuede Founder & International JASMINE Eko
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August 2019 5:00 pm African Trade and Chairman, Coronation Trade Law Hotel Investment (2 hours) Capital Limited Committee
Speakers:
Yewande Sadiku Executive Secretary, Nigeria Investment Promotion Commission
Dr. Andrew S.Nevin Partner, PricewaterhouseCoopers
Patrick Akinwuntan Managing Director, Ecobank Nigeria Plc
Declan Freeley Chief Financial Officer, Neconde Energy Limited
Chairman:
Prof Taiwo Osipitan, SAN Managing Partner, Bayo Osipitan & Co
Lead Speaker:
Dr. Onyechi Ikpeazu, SAN, OON Accountability and Pats- 3:00 pm – Electronic Expression of the Principal Partner, Ikpeazu Chambers Ocholonu Hall
5:00 pm Sessions Will of the People: Governance Harbour Point (2 hours) Challenges and Reforms Speakers: Committee (Tent 2) Jude Ilo Country Director, Open
Committee Society Initiative for West Africa
Dr. Isa Ali Pantami Honourable Minister, Ministry of Communications, Federal Republic of Nigeria
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Chibuike Nwokeukwu, SAN Principal Partner, Chibuike Nwokeukwu & Co
Chairman:
Chief Bayo Ojo, SAN Past President, NBA
Lead Speaker:
Hon. Justice Ishaq Bello Chief Judge, Federal Capital Territory
Speakers:
Chinonye Obiagwu, SAN National 09:00 am – News and Views From Tuesday, 27th 10:30 am Across the States: Updates Coordinator, Legal Defence and IRIS Eko August 2019 on the Administration of Assistance Project Hotel (1:30mins) Sessionsee Criminal Justice Act, 2015 Uche Ihediwa Hon Attorney General, Day Abia State 2
Committ Moyo Onigbanjo, SAN Hon. Attorney General & Commissioner for Justice, Lagos State
Cordelia U. Eke Assistant Director, Public Prosecutions, Rivers State Ministry of Justice
Chairman: Arbitration and 09:00 am – Artificial Intelligence in ADR: Tuesday, 27th Mohammed Dele Belgore, SAN, JASMINE Eko 10:30 am The Changing Face of Alternative August 2019 C.Arb Partner, Sofunde, Dispute Hotel (1:30mins) Dispute Resolution
Sessions Committee Osakwe, Ogundipe & Belgore Resolution
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Speakers: Committee
Funke Aboyade, SAN Managing Partner, Aboyade & Co
Ope Olugasa, CEO, LawPavilion Business Solutions Limited
Morenike Obi-Farinde, FCIArb Managing Partner, Adigun Ogunseitan & Co
Moderator:
Laolu Osanyin Vice President, World Association for MedicalLaw
Speakers:
Dr. Francis Faduyile President, Nigerian Medical Association 09:00 am – Abiodun Olayiwole Editor-in-Chief, Medicine & The Tuesday, 27th 10:30 am Medical Negligence; Time to ZINNIA Eko August 2019 Change the Narrative Nigeria Medical Law Report Hotel Law Committee (1:30mins) Akinyemi Sofiyyullah Oladipo Managing Partner, Nimble
Committee Sessions Dr. Joel Akande Strategic Insight Healthcare, The Hospital Ltd
Alex Muoka Managing Partner, A. Muoka & Co.
Chairman: 09:00 am – Environmental Justice and Environmental Tuesday, 27th the Ecological Crisis In ORCHID Eko 10:30 am ittee Olumide Aju, SAN Rights August 2019 Nigeria: A Rule of Law Hotel (1:30mins) Approach Committee
Sessions Speakers:
Comm
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Ikhide Ehighelua Principal Partner, Ikhide Ehighelua & Co
Dr. Ayo Arowolo Lecturer, Babcock University
Nkiruka C. Maduekwe, PhD Research Fellow, Nigerian Institute
Moderator:
Yahaya Maikori Senior Partner, Law Allianz Kayode Eso Sports, 09:00 am – Speakers: Hall Tuesday, 27th essions Keeping Up With the 10:30 am Entertainment & August 2019 Creatives Mena Ajakpovi Partner, Udo Udoma Harbour Point (1:30mins) & Belo-Osagie Media Committee (Tent 1) Yinka Obebe CEO, Pop Central
Committee S Nkechi Obi Chairperson, Sports Industry Thematic Group
Moderator:
Ajibola Dalley Partner, GRF Dalley & Partners
Speakers: 09:00 am – sions Liberalization of the Aviation Tuesday, 27th Tarek Badawy Partner, Shahid Law Aviation ZINNIA Eko 10:30 am Industry: The Key to Africa’s August 2019 Firm, Egypt Committee Hotel (1:30mins) Future Development Allen Onyema Chairman, Air Peace Nigeria
Committee Ses Noel Fossou Director, Air Cote D’Ivoire, Lagos
Akin Olateru Commissioner/CEO,
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Accidents Investigation Bureau
Alexander Nwuba Executive Director , Conau Global Inc.
Moderator:
Hon. Justice Elsie -Thompson Judge, High Court of Justice Rivers State
Speakers:
09:00 am – Kikelomo Ayeye Chief Magistrate, Family and Tuesday, 27th 10:30 am Family Law Dynamics and Lagos State Children’s IRIS Eko August 2019 21st Century Realities Hotel (1:30mins) Abdul Mohammed Madyan Legal Rights Committee Consult, Abuja
Committee Sessions Chioma Onyenucheya – Uko Legal Practitioner, Zest Legal Consults
Taiwo Akinlami Taiwo Akinlami Child Protection Solutions Lagos
Chairman:
Adeniji Kazeem, SAN Principal Partner, Adeniji Kazeem & Co
Speakers: Professional 09:00 am – Tuesday, 27th The Next Generation of J.U.K. Igwe, SAN Managing Solicitor, ORCHID Eko 10:30 am Development August 2019 Lawyers J.U.K IGWE's Chambers Hotel (1:30mins) Prof. C. Agomo Dept of Commercial Committee & Industrial Law, Faculty of Law,
Committee Sessions University of Lagos,
Prof Isa Chiroma Director General, Nigerian Law School
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Gloria Ballason Principal Partner, Mive Legals
Chairman:
Professor Isaac O. Agbede Emeritus at Babcock University Economic Speakers: Development Kayode Eso 09:00 am – Dr. Jumoke Oduwole Senior Special th Hall Harbour Tuesday, 27 10:30 am Growing the Economy Assistant to the President on Industry, Cttee & Regulation August 2019 through Legal Reform Point Trade and Investment and (1:30mins) (Tent 1) Compliance Dr Doyin Salami CEO/Kainos Edge
Committee Sessions Consulting Ltd Committee Toyin Adenugba Head, Rules & Interpretation Dept, Nigerian Stock Exchange
Moderator:
Olaleye Adebiyi Country Managing
Partner, Andersen Tax
Speakers: Pats-
09:00 am – ssions Ocholonu Hall Tuesday, 27th 10:30 am The Taxing Task of Taxation Taxation Oluseye Arowolo Partner, Deloitte Harbour Point August 2019 and the Taxman’s Tentacles Committee (1:30mins) Se ee Bidemi Olumide Partner & CEO, (Tent 2) Taxaide
Committ Ikechukwu Odume General Counsel, Federal Inland Revenue Service
Chairman: Criminal Litigation Wednesday, 09:00 am – Kidnapping and Terrorism: Day 28th August 10:30 am Threat to Freedom, Security 3 H.E. Dr Okezie Victor Ikpeazu Committee JASMINE Eko 2019 & tNational Development (1: 30mins) Governor, Abia State Hotel
Committe
e Session 226 | P a g e
Speakers:
Wahab Shittu Principal Partner, Wahab Shittu & Co
Major Diepriye Biambi Deputy Director, Legal Services, Nigerian Army
Dr. Akintayo Akinola Faculty of Law, University of Lagos
Musibau Adetunbi Musibau Adetunbi & Co
Chairman:
O.C.J. Okocha, SAN Past President, NBA
Speakers:
Hon. Justice Otisi, JCA Justice of the Court of Appeal The Judge’s Right of Reply: 09:00 am – Wednesday, Maximizing the Synergy Judges Forum 10:30 am Session Hon. Justice Peter Afen Judge, High ORCHID Eko 28th August Between The Bar and Bench Court of the Federal Capital Territory Committee Hotel 2019 (1: 30mins)
Ken Mozia, SAN Principal Partner, Committee Ken E Mozia (SAN) & Co
Dele Oye Principal Partner, Dele Oye & Associates
Folasade Alli Principal Partner, Folashade Alli & Associates
09:00 am – Expanding Your Legal Chairperson: International Pats- Wednesday,
th 10:30 am on Practice Offshore Legal Ocholonu
28 August Com
Sessi mittee Chief Folake Solanke, SAN, CON
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2019 (1: 30mins) Patron, NBA Ibadan Branch Practice Hall Harbour Committee Point Speakers: (Tent 2) Fidelis Adewole Partner, G. Elias & Co
Sola Oyebolu Partner, Olajide Oyewole LLP
Osayaba Giwa-Osagie Senior Partner, Giwa-Osagie & Co
Moderator:
Prof. Peter Akper, SAN, OFR Research Fellow, Nigerian Institute of Advanced Legal Studies (NIALS)
Speakers:
sion Dr. Abdulrazaq A. Garba Director 09:00 am – Wednesday, General, Nigerian Geological Survey 10:30 am Ses Mining Law: Emerging Mining Law 28th August Agency Issues Committee 2019 (1: 30mins) Engr. Obadiah Simon Nkom Director General, Nigeria Mining Cadastral Committee Office
Gbite Adeniji Chief Consultant, Advisory Legal Consultants
Amanda-Lumun Feese Technical Adviser, Strategy and
Chairman: Wednesday, 09:00 am – Operations by Security Security LANTANA 28th August 10:30 am Agents and Human Rights of Lt. Gen. Tukur Yusuf Buratai Chief of Committee Eko Hotel 2019 mmitte Citizens (1: 30mins) Army Staff, Nigerian Army
Co
e Session
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Lead Speaker:
Prof Sam Erugo Dean, Faculty of Law, Abia State University
Speakers:
Major General Shalangwa Director, Legal Services, Nigerian Army
Ogechi Ogu Deputy Director, PRAWA
Mrs Igbeaku Evulukwu Partner, Blackfriars
Chuks Nwachukwu Partner, Indemnity Partners
Chairman:
Abiodun J. Owonikoko, SAN
Lead Speaker:
Dr. Uju Agomoh Executive Director,
PRAWA
Speakers: Wednesday, 09:00 am – Effective Implementation of Pro Bono and ORCHID Eko 28th August 10:30 am the National Legal Aid Access to Dr (Mrs) Comfort Otaru Managing Hotel 2019 Strategy(2017 – 2022) (1: 30mins) Partner Otaru Otaru & Co Justice Committee
Aliyu Abubakar Director General, Committee Session Legal Aid Council of Nigeria
Dr. John Gannon Executive Director, Global Justice Resource Centre
Dr Austin Tam-George Executive Director, Institute of Communication
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and Corporate Studies
Moderator
Dr. Adeoye Adefulu Partner, Odujinrin & Adefulu
Speakers:
Samuel Famolu Instructor, Google
ion Joy Harrison-Abiola Association of 09:00 am – Law Firm Adminstrators of Nigeria Wednesday, ess Law Clinic – Technology, Training 28th August 10:30 am Eloquence, Branding, Millennials Committee Ubong Essien, CSP Dean, School of 2019 (1: 30mins) & Practice Management Eloquence
Committee S Adeyinka Aroyewun Director, Lagos Multi-Door Courthouse
Yimika Adesola CEO, Legally Engaged
Yomi Badejo-Okusanya Group Managing Director, CMC Connect Limited
Day Date Time Session Activity Organized By Location
CONFERENCE DAY 4 – THURSDAY 29 AUGUST
9:30am - 10:45am Annual General Meeting Section on Business Law Harbour Point (15 mins) Day Thursday 9:30am – 4 Section on Legal 10:45am Annual General Meeting Harbour Point Practice (15 mins)
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9:30am – Annual General Meeting Section on Public Interest & Harbour 10:45am Development Law Point
(15 mins)
12:00pm – 2:00pm NIGERIAN BAR ASSOCIATION ANNUAL GENERAL MEETING (2 hours)
2:00pm – Communiqué and Press Harbour 2:30pm Conference Point (30 mins)
Appendix B
List of Sessions and Resource Persons
S/NO TOPIC NAME ORGANISATION
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1. Monday: 26th August 2019 Senator Ike Ekweremadu Senator, Federal Republic of Nigeria Plenary 1 (Chairman) Code of Conduct Tribunal: A Clash of Judicial and Hon. Danladi Umar Chairman, Code of Conduct Tribunal Executive Powers Nella Andem-Rabana, SAN Principal Partner, R.A. Lawal-Rabana & Co.
(11:00 am –12:30 pm) Ebun-Olu Adegboruwa Principal Partner, Ebun-Olu Adegboruwa & Co. Mike Ozekhome, SAN Principal Partner, Mike Ozekhome & Co.
Rotimi Jacobs, SAN Principal Partner, Rotimi Jacob & Co. 2. Monday: 26th August 2019 Kemi Segun (Moderator) Managing Partner, ACAS-Law Breakout Sessions 1 BUILDING INDIGENOUS Dr. Ibilola Amao Principal Consultant, Lonadek Oil & Gas Ltd. CAPACITY in the Oil and Gas Victor Okoronkwo Group MD, Aiteo Group Industry Engr. Simbi K. Wabote Executive Secretary, Nigeria Content Development and Monitoring Board (02:00 pm – 3:30 pm) Ozim Obasi General Counsel, East Africa & Equatorial Guinea, Baker Hughes 3. Monday: 26th August 2019 Richard Ayodele Akintunde, SAN. Managing Partner, Ayodele Akintunde & Co Breakout Sessions 1 (Moderator) SOCIAL MEDIA: Culture, Prof. Oyelowo Oyewo Attorney General & Commissioner for Justice, Oyo Liability and Professional State Ethics Adedunmade Onibokun Managing Partner, Adedunmade Onibokun & Co.
Damilola Odufuwa Digital Media Strategist (02:00 pm – 3:30 pm) Chioma Agwuegbo Founder, TechHer
4. AMonday: 26th August 2019 Dr. Darl Uzuh (Chairman) CEO, Enyimba Economic City Breakout Session 1 Engr. Dr. Chidi Izuwah, Snr. (Lead DG, Infrastructure Concession Regulatory INFRASTRUCTURE Speaker) Commission FINANCING IN NIGERIA: Ndako Mijindadi Head of Investment Management and Research, Public Private Partnership; Lotus Capital Sukuk and the Future Chibuzo Ekwekwuo, Esq. Managing Partner, A & E Law Partnership Attahiru Maccido . Director, Buraq Capital (2.00pm - 3.30pm)
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5. Monday: 26th August 2019 Bidemi Ademola (Moderator) General Counsel, Ghana Nigeria & Company Breakout Session 1 Secretary, Unilever Nigeria Plc. A Future Fit Legal & Regulatory Framework for Prof. Bankole Sodipo (Lead Partner, Chief G.O. Sodipo & Co. Corporate Counsel Speaker) Ajibola Olomola Partner, KPMG Professionals (2.00pm-3.30pm) Ifedayo Iroche General Counsel & Company Secretary, Chi Limited Uzoma Uja Head, Legal Services, Access Bank Plc. Bode Ayeku General Counsel & Company Secretary, Nestle Nigeria 6. Monday: 26th August 2019 Oluseun Abimbola, Esq. (Moderator) Managing Partner, Prime Solicitors Breakout Session 1 Olusegun Adeduntan Adebiyi, FCA Country Senior Partner, OACO Professional Services A Workshop On Financial Skills 101 for Lawyers (2:00pm – 3:30pm) 7. Monday: 26th August 2019 Dr. Tammy Danagogo (Chairman) Secretary to River State Government Breakout Session 1 LEVERAGING TECHNOLOGY Hon. Justice Alaba Omolaye-Ajileye Judge, Kogi State High Court IN JUSTICE Hon. Justice Nelson Ogbuanya Judge, National Industrial Court ADMINISTRATION: Issues and Dr. Amanim Akpabio Head, Department of Public Law, University of Uyo Challenges Mike Mbon ICT Engineer, Conoil Producing
(2:00pm – 3:30pm) 8. Monday: 26th August 2019 Augustine Alegeh, SAN (Chairman) Past President, NBA and Managing Partner, Alegeh & Showcase Session Co CROSS-BORDER TRADE IN Adedayo Toba Apata Solicitor General/Permanent Secretary, Federal LEGAL SERVICES: Current Ministry of Justice Realities and Future Geroge Etomi, FNIALS Partner, George Etomi & Partners Possibilities Lere Fashola Chief Executive Officer, Esquire Law
Kofo Dosekun Managing Partner, Aluko & Oyebode (2:00pm – 4:00pm) Egbiri I. Egbiri Principal Legal Counsel Finance Division, African Development Bank Group
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Dolapo Moninuola Olunloyo Founder, Bellslaw Consult
Israel Aye Chief Executive Officer, MyLaw
9. Monday: 26th August 2019 Roland Otaru, SAN (Moderator) . Principal Partner, Otaru Otaru & Co. Breakout Session 2 MODERN TRENDS IN Hon. Justice B.B. Kanyip, PhD. National Industrial Court EVIDENCE: Gathering and Aham Eke Ejelam, SAN Partner, Principles Law Partnership Presenting Evidence in The Prof. Joash Amupitan, SAN Faculty of Law, University of Jos Digital Age (3:30pm-5:00pm)
10. Monday: 26th August 2019 Afam Nwokedi (Moderator) Principal Counsel, Stillwaters Law Firm Breakout Session 2 Engr. U.B. Bindir (Lead Speaker) President, Think Tank Committee Songhai Centre, A NEW ERA OF NO Porto Novo BOUNDARIES – The Prof. Adejoke Oyewunmi Department of Commercial and Industrial Law, Intellectual Property Age of Faculty of Law, University of Lagos Ideas and Solutions Obi Asika Founder & Chairman, Dragon Africa
Franklin Nlerum Partner, Paul Edmond LP (3:30pm - 5:00pm) 11. Monday: 26th August 2019 Sola Adegbonmire, FCIArb Managing Partner, Sola Ajijola & Co. Breakout Session 2 (Moderator) THE INCURSION OF MULTI- Chuka Agbu, SAN Senior Partner, Lexavier Partners DISCIPLINARY FIRMS: Any Regulation? Dr. Josh Bamfo Partner, Andersen Tax, Nigeria
(3.30 pm - 5.00pm) Femi Lijadu . Partner, Ukiri Lijadu
Sulaiman Usman, SAN Principal Partner, Gamzaki Law Chambers 12. Monday: 26th August 2019 Anne-Beatrice Bullinger Deputy Ambassador of Switzerland to Nigeria Breakout Session 2 (Chairperson) Examining Security and Toye Fatoki (Lead Speaker) External Security Relations Manager, Shell Petroleum Human Rights Issues in Development Company of Nigeria Ltd. Nigeria’s Extractive Industry Anthony O. Ojukwu, Esq. Executive Secretary, National Human Rights Commission 234 | P a g e
(3:30 pm - 5:00pm) Prof. Wahab Egbewole, SAN Principal Counsel, Wahab Egbewole & Co. Adaeze Nwakoby Company Secretary/GM Legal, OVH Energy Israel Usman Managing Partner, Classfield Solicitors 13. Monday: 26th August 2019 Aigboje Aig-Imoukhuede (Chairman) Chairman, Board of Trustees, The Financial Market Breakout Session 2 Dealers BREXIT: Potential Impact on African Trade and Investment Yewande Sadiku Executive Secretary/CEO, Nigeria Investment (3:30pm - 5:00pm) Promotion Commission Patrick Akinwuntan Managing Director/CEO, Eco Bank Nigeria Plc. Akinsola Akeredolu-Ale Managing Director, Lagos Commodities and Futures Exchange Dr. Andrew S. Nevin Partner, PriceWaterhouseCoopers Declan Freeley Chief Financial Officer, Neconde Energy Limited Uche Val Obi, SAN Managing Partners, Alliance Law Firm
14. Monday: 26th August 2019 Prof. Taiwo Osipitan, SAN Managing Partner, Bayo Osipitan & Co. Breakout Session 2 (Chairman) ELECTRONIC EXPRESSION OF THE WILL OF THE Dr. Onyechi Ikpeazu, SAN, OON Principal Partner, Ikpeazu Chambers PEOPLE: Challenges and (Lead Speaker) Reforms Dr. Isa Ali Pantami Honourable Minister of Communications (3:30pm-5:00pm)
Chibuike Nwokeukwu, SAN Principal Partner, Chibuike Nwokeukwu & Co. Udo Jude Ilo Country Director, Open Society Initiative for West Africa 15. Tuesday: 27th August 2019 Asue Ighodalo (Chairman) Founding Partner, Banwo & Ighodalo Showcase Session Horacio Bernardes Neto (Guest President, International Bar Association Presenter) Bullying And Sexual Chief Assam Assam, SAN Principal Partner, Lex Fori Partners Harassment In The Legal Miannaya Aja Essien, SAN, FCIArb. Managing Partner, Principles Law Partnership Community. Ogaga Emoghwanre Principal Partner, Ogaga Emoghwanre & Co.
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Launch of IBA Report on Bullying and Sexual Anulika Osuigwe Legal Practitioner. Harassment
(9:00am - 10:45am)
16. Tuesday: 27th August 2019 Chief Bayo Ojo, SAN, FCIArb. Past President, NBA and Principal Partner, Bayo Ojo Breakout Session 3 (Chairman) & Co. Hon. Justice Ishaq Bello (Lead Chief Judge, Federal Capital Territory NEWS AND VIEWS FROM Speaker) ACROSS THE STATES: Chinonye Obiagwu, SAN National Coordinator, Legal Defence and Assistance Updates on the Administration Project of Criminal Justice Act, 2015 Moyo Onigbanjo, SAN Attorney General and Commissioner for Justice, Lagos State (9:00am-10:30am) Uche Ihediwa Attorney General and Commissioner for Justice, Abia State Cordelia U. Eke Assistance Director, Public Prosecutions, Rivers State Ministry of Justice 17. Tuesday: 27th August 2019 Mohammed Dele Belgore, SAN,. Partner, Sofunde, Osakwe, Ogudipe & Belgore Breakout Session 3 FCIArb. (Chairman) Funke Aboyade, SAN Managing Partner, Aboyade & Co. ARTIFICIAL INTELLIGENCE IN Morenike Obi-Farinde, FCIArb. Managing Partner, Adigun Ogunseitan & Co. ADR: The Changing Face of Dispute Resolution Ope Olugasa CEO, LawPavilion Business Solutions Limited
(9:00am - 10:30am) 18. Tuesday: 27th August 2019 Laolu Osanyin (Moderator) Vice President, World Association for Medical Law MEDICAL NEGLIGENCE; Time Dr. Francis Faduyile President, Nigerian Medical Association to Change the Narrative Akinyemi Sofiyyullah Oladipo Managing Partner, Nimble Solicitors (9:00am - 10:30am) Alex Muoka Managing Partner, A. Muoka & Co. Abiodun Olayiwole Editor-in-Chief, Nigeria Medical Law Report Dr. Joel Akande Strategic Insight Healthcare, The Hospital Ltd. 19. Tuesday: 27th August 2019 Hon. Justice Teddy Eruba High Court, Abia State Breakout Session 3 (Chairman)
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10 THINGS NO ONE KNEW AT Dr. Dapo Olanipekun, SAN Lead Partner, Esther & Makarios LAW SCHOOL: Learning to Olajide Abiodun Legal officer, Ikorodu North LCDA, Lagos State Practice or Practicing to Government Learn Emokiniovo Dafe-Akpedeye Associate, Compos Mentis Chambers (9:00am-10:30am) Maureen Stanley-Idum Deputy Director General, Head, Enugu Campus, Nigerian Law School Zainab Mohammed Counsel, A. M. Inuwa & Co. 20. Tuesday: 27th August 2019 Olumide Aju, Esq. (Chairman) Partner, F. O. Akinrele & Co. Breakout Session 3 Ikhide Ehighelua Principal Partner, Ikhide Ehighelua & Co. ENVIRONMENTAL JUSTICE Dr. Nkiruka Maduekwe, PhD. Research Fellow, Nigerian Institute of Advanced Legal AND THE ECOLOGICAL Studies CRISIS IN NIGERIA: A Rule of Dr. Ayo Arowolo Lecturer, Babcock University Law Approach (9:00am-10:30am) 21. Tuesday: 27th August 2019 Yahaya Maikori Senior Partner, Law Allianz Breakout Session 3 Mena Ajakpovi Partner, Udo Udoma & Belo-Osagie Nkechi Obi Chairperson, Sports Industry Thematic Group, Keeping Up With The Nigerian Economic Summit Group Creatives Yinka Obebe CEO, Pop Central
(9:00am-10:30am)
22. Tuesday: 27th August 2019 Ajibola Dalley (Moderator) Partner, GRF Dalley & Partners Breakout Session 4 Tarek Badawy Partner, Shahid Law Firm, Egypt
LIBERALIZATION OF THE Noel Fossou Director, Air Cote D’Ivoire, Lagos AVIATION INDUSTRY : The Alexander Nwuba Executive Director, Conau Global Inc. Key to Africa’s Future Allen Onyema Chairman, Air Peace Nigeria Development Akin Olateru . Commissioner/CEO, Accidents Investigation Bureau (11:00am - 12:30pm) 23. Tuesday: 27th August 2019 Dr. Cheluchi Onyemelukwe Managing Partner, Health Ethics and Law Consulting Breakout Session 4 (Chairman) & Associate Professor, Babcock University School of Law
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Opening the Window on Dr. Otefe Edebi Consultant Psychiatrist and Psychologist, Medical Lawyer Wellness & Mental Director, Tranquil & Quest Health Concerns Chude Jideonwo Founder & CEO, Joy Inc. (11:00am - 12:30pm) Lade Olugbemi Founder, The NOUS 24. Tuesday: 27th August 2019 Hon. Justice Elsie Thompson Judge, High Court Rivers State Breakout Session 4 (Moderator)
Family Law Dynamics and 21st Kikelomo Ayeye Chief Magistrate, Lagos State Century Realities Chioma Onyenucheya-Uko Legal Practitioner, Zest Legal Consults Abdul Mohammed Madyan Legal Consult, Abuja (11:00am - 12:30pm) Taiwo Akinlami Taiwo Akinlami Child Protection Solutions
25. Tuesday: 27th August 2019 Adeniji Kazeem, SAN (Chairman) Principal Partner, Adeniji Kazeem & Co. Breakout Session 4 J. U. K. Igwe, SAN Managing Partner, J.U.K. Igwe Chambers . Prof. Isa Chiroma Director General, Nigerian Law School The Next Generation of Lawyers . Prof. Chioma Agomo Professor of Law, Faculty of Law, University o Lagos
(11:00am - 12:30pm) Gloria Mabeiam Ballason Principal Partner, Mive Legals
26. Tuesday: 27th August 2019 Prof. Barth Nnaji (Chairman) Chairman, Geometric Power Limited Breakout Session 4 Dr. Gbenga Oduntan Associate Professor of International Commercial Law, SPACE, THE FINAL University of Kent, United Kingdom FRONTIER: Science, Policy, Temidayo Isaiah Oniosun Managing Director, Space in Africa Law and Regulatory Chief Legal Officer National Space Research and Framework Motolani Fadahunsi-Banjo Development Agency Nigeria
(11:00am - 12:30pm) 27. Tuesday: 27th August 2019 Prof. Isaac O. Agbede Emeritus Professor of Law, Babcock University Breakout Session 4 Dr. Jumoke Oduwole Senior Special Assistant to the President on Industry, Growing the Economy Trade and Investment Through Legal Reform Toyin Adenugba Nigerian Stock Exchange Dr. Doyin Salami Associate Professor, Lagos Business School 238 | P a g e
(11:00am - 12:30pm) 28. Tuesday 27th August 2019 Olaleye Adebiyi (Moderator) Country Managing Partner, Andersen Tax Breakout Session 4 Oluseye Arowolo Partner, Deloitte Ikechukwu Odume General Counsel, Federal Inland Revenue Service The Taxing Task of Taxation Bidemi Olumide . Partner & CEO, Taxaide and the Taxman’s Tentacles
(11:00am-12:30pm) 29. Tuesday 27th August 2019 Dr. Olisa Agbakoba, SAN Past President, NBA and Founder, Olisa Agbakoba Plenary Session 2 (Chairman) Legal Rule of Law Symposium Horacio Bernardes Neto (Keynote President, International Bar Association Speaker) (2.00pm - 4.00pm) Hon. Justice Obande Ogbuinya, Justice, Court of Appeal JCA, CON Chris Uche, SAN Principal Partner, Chris Uche, SAN & Co. Priscilla Ankut Component 2 Manager, Rule of Law and Anti- Corruption (ROLAC) Programme Sen. Enyinnaya Abaribe Senate Minority Leader, Federal Republic of Nigeria Stephen Cragg, QC Bar Human Rights Committee of England and Wales David Anyaele Executive Director, Centre for Citizens with Disabilities
30. Wednesday 28th August 2019 Prof. Ezenwa Ngwakwe (Chairman) Faculty of Law, Abia State University Breakout Session 5 Judicial Protection of Osai Ojigho (Lead Speaker) Country Director, Amnesty International Economic, Social and Cultural Rights Dr. Dorcas Odunaike Head of Department, Private & Commercial Law, Babcock University (9:00 am – 10:30 am) Eno-Obong Akpan Trustee and Board Member, Humanitarian League
31. Wednesday: 28th August 2019 H.E. Dr. Okezie Victor Ikpeazu Governor , Abia State Breakout Session 5 (Chairman) KIDNAPPING AND Wahab Shittu Principal partner, Wahab Shittu & Co. TERRORISM: Threat To Dr. Akintayo Akinola Faculty of Law, University of Lagos
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Freedom, Security & National Major Diepriye Biambi Dep. Director, Legal Services, Nigerian Army. Development Musibau Adetunbi Musibau Adetunbi & Co.
(9:00am – 10:30 am) 32. Wednesday 28th August, 2019 O. C. J. Okocha, SAN, MFR . Past President, NBA and Managing Solicitor Okocha Breakout Session 5 & Okocha THE JUDGE’S RIGHT OF Hon. Justice Chinedu Otisi, JCA Justice, Court of Appeal REPLY: Maximizing the Ken Mozia, SAN Partner, Ken Mozia (SAN) & Co. Synergy Between the Bar and Hon. Justice Peter Afen Judge, High Court of the Federal Capital Territory Bench Dele Oye, Esq. Principal Partner, Dele Oye & Associates (9.00 am – 10:30 am) 33. Wednesday: 28th August 2019 H. E. Erelu Bisi Fayemi (Chairman) First Lady, Ekiti State Breakout Session 5 Olawale Fapohunda Attorney General and Commissioner for Justice , Ekiti The Crisis of Sexual and State Gender-Based Violence in our Rhoda Tyoden President, FIDA, Nigerian Communities Itoro Eze Anaba Founder, Mirabel Center
(9:00 am - 10:30 am) 34. Wednesday: 28th August 2019 Dame Priscilla Kuye (Chairman) Past President, NBA Breakout Session 5 Modern Day Slavery, Prof. Joy Ngozi Ezeilo, OON Dean, Faculty of Law, University of Nigeria, Enugu Trafficking in Persons and Campus Irregular Migration Kaka S. Lawan Former Attorney General and Commissioner for Justice, Borno State (9:00am – 10:30am) Dr. Anselm Abonyi Lecturer, Faculty of Law, Chukwuemeka Odumegwu
Ojukwu University, Anambra State
35. Wednesday: 28th August 2019 Dr. Adeoye Adefulu (Moderator) Partner, Odujinrin & Adefulu Breakout Session 5 Samuel Famolu Google Digital Skills Trainer LAW CLINIC – Technology, Joy Harrison-Abiola Association of Law Administrators of Nigeria Eloquence, Branding, Adeyinka Aroyewun Director, Lagos Multi-Door Courthouse Millennia’s & Practice Yomi Badejo-Okusanya Group Managing Director, CMC Connect Limited Management Ubong Essien, CSP Dean, School of Eloquence (9:00am – 10:30am) Yimika Adesola CEO, Legally Engaged 240 | P a g e
36. Wednesday: 28th August 2019 Mr Tunji Bello Commissioner, Water Resources and Environment Showcase Session Focus on Lagos state Dr Federic Oladehinde Commissioner, Transportation (9:00 am – 12:30pm) Mr Olalere Odusote Commissioner, Energy and Natural Resources
Mr Bonu Solomon Saanu Special Adviser to the Governor for Tourism, Arts and Culture Mr Olabode Agoro Permanent Secretary, Lands Bureau 37. Wednesday: 28th August 2019 Alhaji Aliko Dangote, GCON Chairman, Dangote Group Breakout Session 6 Herbert Wigwe GMD, Access Bank IMPLEMENTING Hon. Justice Uzo Anyanwu-Ndukwe, Justice, Court of Appeal SUSTAINABLE JCA DEVELOPMENT GOAL 5: Dr. Abiola Akiyode-Afolabi Executive Director, Women Advocate Research and Gender Equality and Female Documentation Center Empowerment (11:00 am – 12:30pm) Senator Betty Apiafi Chairman, Senate Committee on Women Affairs & Youth Development, Federal Republic of Nigeria 38. Wednesday: 28th August 2019 Chief Folake Solanke, SAN, CON. Founder, Alabukun Chambers Breakout Session 6 (Chairperson) Expanding Your Legal Fidelis Adewole Partner, G. Elias & Co. Practice Offshore Osayaba Giwa-Osagie Senior Partner, Giwa-Osagie & Co. (11:00 am – 12:30pm) Sola Oyebolu Partner, Olajide Oyewole. LLP
39. Wednesday: 28th August 2019 Oladotun Alokolaro (Moderator) Partner, Advocaat Law Firm Breakout Session 6 Dr. Abdulrazaq A. Garba Director General, Nigerian Geological Survey Agency MINING LAW: Emerging Gbite Adeniji Chief Consultant, Advisory Legal Consultants Issues Amanda Fesse Technical Adviser, Federal Ministry of Mines and Steel Development (11:00am - 12:30pm) Engr. Obadiah Simon Nkom Director General, Nigeria Mining Cadastral Office Prof. Peter Akper, SAN, OFR Research Fellow Nigerian Institute of Advanced Legal Studies
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40. Wednesday: 28th August 2019 Prof. Sam Erugo (Chairman) Dean, Faculty of Law, Abia State University Breakout Session 6 Operations by Security Stanley Ibe (Lead Speaker) Open Society Justice Institute Agents and Human Rights of Citizen Maj. Gen. Yusuf Shalangwa Director Legal Services, Nigerian Army Igbeaku Evulukwu Partner, Blackfriars (11:00am - 12:30pm) Ogechi Ogu Deputy Director, PRAWA
41. Wednesday: 28th August 2019 Abiodun J. Owonikoko, SAN Synergy Attornies Breakout Session 6 (Chairman) Effective Implementation of Dr. Uju Agomoh (Lead Speaker) Executive Director, PRAWA the National Legal Aid Dr. Comfort Otaru Managing Partner, Otaru Otaru & Co. Strategy (2017 – 2022)
Dr. Austin Tam-George Executive Director, Institute of Communication and (11:00am - 12:30pm) Corporate Studies
Dr. John Gannon Executive Director, Global Justice Resource Centre Abubakar B. Aliyu Director General, Legal Aid Council of Nigeria 42. Wednesday: 28th August 2019 Ibrahim Abdullahi (Moderator) Senior Special Assistant, Investment and Economic Showcase Session Development, to the Governor of Nasarawa State H. E. Engr. Abdullahi Sule Governor, Nasarawa State NASARAWA STATE: Prof. Konyin Ajayi, SAN Chairman, Nasarawa Investment & Economic Unlocking Opportunities, Advisory Council Creating Wealth - An Paul Usoro, SAN President, Nigerian Bar Association Interactive Session with the Governor of Nasarawa State Dr. Faisal Shuaib Executive Director, National Primary Health Care Development Agency (2:00pm - 3:00pm) 43. Wednesday: 28th August 2019 Chief Wole Olanipekun, SAN OFR Past President, NBA and Principal Partner, Wole Plenary Session 3 (Chairman) Olanipekun & Co. Chief Anthony Idigbe, SAN Principal partner, Punuka Attorneys & Solicitors The Future of the Legal Prof. Fabian Ajogwu, SAN Principal Partner, Kenna & Partners
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Profession, and the Senior Special Assistant to the President Regulation of Legal Practice Senator Ita Enang Muhammadu Buhari on National Assembly Matters and Practitioners (3:00pm - 4:30pm)
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Appendix C
NBA National Officers
S/No. Name Designation 1 Paul Usoro, SAN President 2 Jonathan Gunu, Taidi, Esq. General Secretary 3 Stanley Imo 1st Vice President 4 Dr. ‘Foluke Dada 2nd Vice President 5 Theophilus Igba, Esq. 3rd Vice President 6 Banke Olagbegi-Oloba, Esq. Treasurer 7 Emeka Anosike, Esq. Financial Secretary 8 Nnamdi Eze, Esq. Legal Adviser 9 Olukunle Edun, Esq. Publicity Secretary 10 Usman Enemali, Esq. Welfare Secretary 11 Ewenode Onoriode, Esq. 1st Assistant Secretary 12 Chinyere Obasi, Esq. 2nd Assistant Secretary 13 Akorede Lawal, Esq. Assistant Financial Secretary 14 Iniobong Pepple, Esq. Assistant Publicity Secretary
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Appendix D Technical Committee on Conference Planning
S/No. Name Designation 1 Gbenga Oyebode, MFR Chairman 2 Olumide Akpata Co-Chairman 3 Prof. Konyinsola Ajayi, SAN Consultant Co-Chair Technical, Sub- 4 Miannaya Essien, SAN Committee 5 Dr. Paul C. Ananaba, SAN Co-Chair Content, Sub-Committee Co-Chair Finance Fundraising, 6 Val Uche Obi, SAN Sub-Committee 7 Seni Adio, SAN Chairman Technical Committee Mfon Usoro Chair-Person Content, Sub- 8 Committee Chinyere Okorocha Chair-Person Finance & 9 Fundraising, Sub-Committee 10 Chukwuka Ikwuazom Chairman - LOC. 11 Akin Ajibola Member 12 Mohammed Akande Member 13 Inna Ali Member 14 Joke Aliu Member 15 Anthony Atata Member 16 Ummahani Ahmad Amin Member 17 Oyinkansola Badejo-Okusanya Member 18 Dr. Myma Belo-Osagie Member 19 Tijjani Borodo Member 20 Adetola Bucknor-Taiwo Member 21 Olukunle Edun, Esq. Member 22 Cordelia Eke Member 23 Nta Ekpiken Member 24 Emem Ette Member 25 Mfon Etukudo Member 26 Jovita Ibekwe Member 27 Sylvester Adaka Member 28 Oluwatosin Iyayi Member 29 Ayotola Jagun Member 30 Ifeoma Katchy Member 31 Musa Abdullahi Lawan Member 32 Kelechi Obi Member 33 Ngene Eunice Member 34 Uchenna Nwadialo Member 35 Chinyere Obasi Member 36 Prof. Victor Offiong Member 37 Oludayo Olorunfemi Member 38 Isaac Omuta Ogbah Member 39 Muizudeen Abdullahi Member 40 Felix Okorotie Member 42 Banke Olagbegi-Oloba Member 43 Yusuf Abdulkadir Member
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44 Abdulkadir Alhaji Sani Member 45 Sylvester Udemezue Member 46 Paschal Ugwuanyi Member 47 Joshua Usman Member 48 Haruna Yelmah Member 49 Abayomi Ojo TCCP Admin Secretary 50 Onye Rumuna TCCP Secretariat 51 Theodora Kio-Lawson TCCP Secretariat 52 Ayodeji Oni TCCP Secretariat 53 Damilare Ojo TCCP Secretariat 54 Umar Gezawa TCCP Secretariat 55 Osarugue Izekor TCCP Secretariat 56 Añulika Osuigwe TCCP Secretariat
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Appendix E Local Organising Committee
S/No. Name Designation 1 Chukwuka Ikwuazom Chairman - LOC 2 Oladele Oloke Alt. Chairman 3 Omoyemi Akangbe Member 4 Moshood Abiola Secretary 5 Kelechi Obi Member 6 Ezekiel Ogbaide Member 7 Prince Hon. A.S. Abimbola Member 8 Uchenna Nwadialo Member 9 Abiye Tam-George Member 10 Nta Ekpiken Member 11 Ikechukwu Uwanna Member 12 Joseph O. Olumudi Member 13 Eghosa C. Isibor Member 14 Idris Doko Member 15 Adeleke Alex-Adedipe Member 16 Obianuju Chukwuma-Okafor Member 17 Amaka Ejere Member 18 Olumayowa Owolabi Member 19 Ene Blessing Chinelo Member 20 Akin Elegbede Member 21 Mgbobukwa Okechukwu Member 22 Joy Nzube-Uzoeghelu Member 23 Carol Obi Member 24 Matthew A. Oluwalambe Member 25 Nnaebuka Moka Member 26 Dilibe Chinedu Ifezue Member 27 Bolatito Babasola Member 28 Akeem O. Aponmade Member 29 Onyedika Nwosu Member 30 Bob C.O. Ijioma Member 31 Saliu Ojo Jimoh Member 32 James D. Kiki Member 33 Chigbo Okafor Member 34 Gladys Egbe Member 35 Funmi Adeogun Member
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