Summer 2013 Chief Bayo Ojo SAN Arbitrator, Digest Law Reformer, Philanthropist
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e Nigerian Lawyers’ Journal LAW Summer 2013 Chief Bayo Ojo SAN Arbitrator, Digest Law Reformer, Philanthropist Is the English 10 Most Regulator In uential biased against Nigerian Black Lawyers solicitors? Disability rights in Nigeria Li ing the corporate veil in litigation UK: £3.50 US: $5.50 Regulation of rural Nigeria: ₦1,000 electricity in Nigeria www.nglawdigest.com www.nglawdigest.com Law Digest Summer 2013 CONFUSED? LET OUR EXPERIENCE GUIDE YOU Finding the right legal advice can be confusing. Whether you are involved in litigation or arbitration, buying or selling a business or property, you need a team with the right experience, skill, knowledge and flexibility to handle your affairs. We are a specialist commercial practice based in the heart of London, with associate offices in Nigeria, US, India and South Africa. We pride ourselves in the quality of our work and the relationship with our clients. Contact us today to see what we can do for you, email: sclementaugustineclement.com or Tel: + Litigation | Arbitration | Tax | Property | Sports Law | Charity | Immigration | Employment | Company | Commercial | Corporate 2 ISSN 2053-3209 Contents PUBLISHER DESIGN AND LAYOUT XL Nominees Limited Re-Root Designs Ltd 1st Floor, 3 Market Place www.rerootdesigns.com Broadway Kent, UK. DA6 7DU TEL: +44 20 3223 0805 DISTRIBUTOR FAX: +44 20 3538 9309 Ellicon Limited 34 Bishop Street EDITOR Surulere, Lagos Tel: +234 7052105294 / Seyi Clement 8098111237 [email protected] DEPUTY EDITOR LEGAL LIABILITIES LET OUR Lulu Sianga All rights reserved. [email protected] The contents of this publication may not CORRESPONDENTS be reproduced by any EXPERIENCE North America Ifeoma Uche means, in whole or in [email protected] part, without the prior 10 MOST INFLUENCIAL NIGERIAN GUIDE YOU Middle East written consent of the John Adetiba publisher. LAWYERS: UK [email protected] Nigeria Any submissions or Yinka Olojede-James We review the infl uence and contributions of 10 [email protected] contribution from readers shall be subject Nigerian lawyers in the UK, as part of our series to Ranti Thomas [email protected] to and governed by XL Nominees Limited’s recognise infl uences and contributions of Nigerian Adijat Ayobami [email protected] Terms and Conditions, lawyers in Diaspora. which are available SUBSCRIPTIONS, upon request. ADVERTISING AND EVENTS The publishers regret LEAD ARTICLE PROJECT FINANCE UK that they cannot accept . Is the English Regulator biased . Public Private Partnership in Ruby Sehra liability for errors or against Black Solicitors? the Railway sector. Tel: +44 203 223 0805 [email protected] omissions contained in this publication, COVER STORY FROM THE BENCH MIDDLE EAST however caused. The . An exclusive Interview: . Disability Rights in Nigeria John Adetiba opinions and views Chief Bayo Ojo SAN [email protected] LITIGATION contained in this From the Editor . Piercing the corporate veil in NIGERIA publication are not corporate actions. Yinka Olojede-James necessarily those of [email protected] Letters to the Editor the publishers. Readers ENERGY LAW Ranti Thomas are advised to seek Case Review and legal . Regulation of share transfer [email protected] specialist advice before development in the Petroleum sector – Adijat Ayobami acting on information Moni Pulo vs. Brass revised. [email protected] contained in this Diaries of a “Baby Lawyer” publication which is BUSINESS DEVELOPMENT LEGAL ADVISORS provided for general ARBITRATION . Developing an effective team Augustine Clement use and may not be . Bifurcation and substantive 1st Floor, 3 Market Place, DA6 appropriate for the jurisdiction in arbitration CORPORATE GOVERNANCE 7DU, UK Beyond “Independent reader’s particular CORPORATE FINANCE Directors” to Board Bisi Iyaniwura & Co circumstances. 3rd Floor, Arinkandi House . An insight into Islamic Independence 1 Raimi Adedokun Drive finance (Part 2) Lagos 3 FROM THE EDITOR Dear Colleagues, Welcome to the summer 2013 issue of the Law Digest. Lastly, we would like to remind you of our fi rst The Law Digest made a successful debut at the SBL – NBA Internati onal Liti gati on and Asset Recovery Forum to Conference in Lagos in June, where it was well received take place outside the UK will be hosted on the 5th by delegates. We are honoured to have Chief Bayo Ojo November 2013 in Lagos at the MUSON Centre. We SAN as our “Lawyer in the News”. His contributi ons to have been working with Eversheds LLP, London, Kemi the development of Nigerian jurisprudence and the legal Pinheiro & Co, Nigeria and Hughes Hubbard & Reed system are undeniable. However it is in the fi eld the LLP, NY amongst others to design the programme. arbitrati on that Chief Bayo Ojo SAN straddles the African Giving the key note speech will be the CEO of AMCON. legal scene like a colossus. We are also highlighti ng Speakers have been drawn from major law fi rms and positi ve infl uence of Nigerian lawyers across the globe, fi nancial insti tuti ons in Nigeria, UK and the US. We have in our series “10 Most infl uenti al Nigerian lawyers” launched a dedicated website for our events, which is starti ng with the UK. This is to mark the anniversary www.nglawdigestevents.com. You may visit the site to of the call of the fi rst Nigerian lawyer to be called to book you place at the Forum. the English Bar, Christopher Alexander Sapara Williams To contribute arti cles or commentaries to the (1855 – 1915) who was called to the English Bar 145 Law Digest, please write to us at years today. We also refl ect on the allegati ons of racial [email protected]. discriminati on against the English and Wales solicitors’ We hope that you will enjoy regulator, the Solicitors Regulati on Authority (SRA) by this issue and we conti nue to many black solicitors including Nigerian solicitors. welcome your contributi ons, We are introducing two new additi ons to the comments, criticism and magazine, looking at the practi ce from two ends of the support. professional spectrum. The “Diaries of a Baby Lawyer” records the experiences of a newly qualifi ed lawyer. The “From the Bench” is a column for members of the judiciary to share with the profession issues which are close to their heart. First off the block is Hon Justi ce Peter Akhimie Akhihiero of the Customary Court of Appeal – Edo State, who writes on the issue of Disability Seyi Clement Rights in Nigeria. Publisher/Editor Law Digest - For those serious about the Law 4 www.nglawdigest.com Law Digest Summer 2013 the other Nigerian ‘phenomenon’ known as NYSC, we would also need to arrange jobs for the service year, unless we were content with going from Barrister of the Supreme Court of Nigeria to primary school English teacher before the month was over. I have heard horror stories of psychometric and aptitude tests and I was gripped with fear and excitement all at once. Most daunting and diffi cult Diaries of a to assimilate was the advice I was given to prepare for interrogations about my future marital plans and any desire to be pregnant in the near future. Note to all employment Baby Lawyer law activists across the Diaspora, Nigeria needs you! Urgently! By Yinka Oloyede James I had a lot to prepare and fi rst fter 15 months at the Nigeria they had all been contemplating thing in the morning, I would need Law School, Bar 1 and Bar whilst they waited in the lobby. to ‘nigerianise’ my UK CV. Unlike A2, the compulsory penguin To clear up any lingering worries, in the UK, there didn’t seem to be uniform, the highs and lows, the it was merely cold pepper soup, a 2 page limit rule. CVs the size of tantrums and the tears of the some jollof rice washed down with the Encyclopaedia Britannic were returning Diaspora, the cramming, some non alcoholic wine and lots the norm. regurgitation, crippling exam of heartening speeches about the I was once told that great pressures and the tensions of enormous milestones we had just lawyers have great networks and in surviving the Nigerian examination crossed. no other place would that be more process, the day had fi nally come; We were waving goodbye evident than in Nigeria. Getting we were being called to the Bar of to student life and once again a job would be 20% competence the Supreme Court of Nigeria. For joining the real world. During the and 80% ‘long leg’, (“connection”), those of us that made it, we could Chairman’s speech he asked the I am told. I had to begin mentally not be more grateful and relieved. question “what next”? And there it recollecting every ‘uncle’, and Clearly, nothing could be worse was, it hit me, what next? We had ‘aunty’, law school friends, old than the prospect of prolonging the been so focused on getting through colleagues and acquaintances: any Nigerian Law School experience. Law School that most of us hadn’t possible link to a job. At last, after The ceremony was brief, the given much thought or planning as a few weeks of phone calls and CV dinner clouded in secrecy but far to what would happen next. Now it forwarding, I have an interview duller than the impression our was time to earn the Barrister title booked. Now I’m off to discuss friends and family had when they I had so proudly updated on my with my other half how he thinks were asked to exit the hall for the blackberry messenger status. I should respond to any questions ‘Lawyers only’ Call to Bar Dinner. After getting a feeling of what about what exactly our marital and Of course immediately after the everyone else was doing, I realised baby plans are for the next year or dinner I was compelled to quickly some students already had jobs and so.