By Adebisi Onanuga

An advocacy group, Access to Justice (AJ), has pleaded with the striking judiciary workers to call off their strike.

It was embarked on to press for the implementation of financial autonomy for the judiciary.

The group made the appeal in a statement signed by the Convener, Mr. Joseph Otteh and the Project Director, Deji Ajare.

It asked JUSUN to show good faith by calling off the strike.

The Judiciary workers under the auspices of Judicial Staff Union of Nigeria (JUSUN) had embarked on indefinite strike since April 6, over the refusal of the state governors to implement full autonomy for the judiciary as enshrined in the 1999 Constitution, as amended .

Access to Justice urged the striking workers to consider the rights of detainee, who were denied justice since the commencement of the strike.

Access to Justice admitted that financial dependence threatens the efficiency of the judiciary, and makes it an appendage of the executive.

The group also recognised the need for JUSUN’s strike and expressed concern about the negative impact the non-implementation of the autonomy on the judiciary

It however, emphasised that  there is need to ensure the preservation and protection of human rights.

Access to Justice expressed fears that the current situation presents an open ticket for human rights violations, overcrowded cells and Public Health Risk.

It stated that: “There are reports from across the country that Police cells and Custodial Centres are overcrowded, because those who have been detained since the start of the strike could not get bail as courts remained closed.

“This is a violation of their rights as provided in the Administration of Criminal Justice Act 2015.

“As Nigeria and the World continue to battle the scourge of the COVID-19 pandemic, it is worrying that detention centres are holding more detainees than they were designed to hold, making them fertile grounds for the transmission of COVID-19”.

The group however, commends the pledge by the Governors’ Forum to begin the implementation of financial autonomy for the Judiciary by May, 2021.

It promised to closely monitor the governors’  promise to ensure full compliance with constitutional provisions on financial autonomy for the judiciary.

By John Austin Unachukwu

An Akwa Ibom State High Court in Uyo has struck out the N166 billion suit by the Akwa Ibom State Internal Revenue Service against Addax Petroleum Development (Nig) Ltd for want of jurisdiction.

Justice Theresa Obot upheld the firm’s contention that the court had no jurisdiction to adjudicate on claims arising from Oil Mining Lease (OML) operations, and struck out the government’s entire claims.

The claimant had claimed the sum of N166b against the defendant for various taxes and levies, including Pay as You Earn (PAYE) and Value Added Tax, purported to have been unremitted by the defendant between 1997 and 2018 and arising from the defendant’s operations of OML 123 allegedly falling within the territorial jurisdiction of Akwa Ibom State.

The defendant, however, contended at the trial that it was not liable to the claimant for any of the taxes and levies claimed, since it did not have any staff or vendors resident within Akwa Ibom State, or otherwise, carry on business in the state.

The defendant further contended that OML 123 is offshore Nigeria and the abolition of the onshore/offshore dichotomy by legislation heavily relied upon by the claimant only related to the revenue derivation formula and did not change the seaward boundary of littoral states including Akwa Ibom State.

Citing relevant provisions of the 1999 Constitution, Federal High Court Act, Allocation of Revenue (Abolition of Dichotomy in the Application of the Principle of Derivation) Act and other legislations alongside decisions of the appellate courts the defendant’s counsel argued that the Federal High Court had the exclusive jurisdiction to determine matters howsoever arising in respect of mines and minerals and offshore Nigeria.

The defendant thus submitted that the High Court of Akwa Ibom State lacked the competence to assume jurisdiction over the matter, both from a subject-matter and territorial perspective.

To mark the World IP Day which is observed every April 26, Similoluwa Oyelude and Fidelis Oguche explore how understanding the dual concepts of Intellectual Property (IP) and Small and Medium Scale Enterprises (SMEs) can bring growth

The integrality of SMEs to a country’s economic development and aspirations cannot be overemphasised. In the Nigerian context, for instance, the National Bureau of Statistics estimates that SMEs contribute 48 percent of the gross domestic product (GDP). The Central Bank of Nigeria broadly defines an SME as a business with a turnover of less than N100m per annum and/or less than 300 employees.

The World Intellectual Property Organisation (WIPO) recognises IP as a category of property (intangibles). These intangibles are creations of the mind, which include inventions, literary and artistic works, designs, symbols, names, and images used in commerce.

Categories of IP that are protectable are artistic and literary works, musical works, computer programmes, and advertisements. Symbols, logos, names owned and used by businesses are also categories of IP that can be protected by trademarks or service marks. Industrial designs protect ornamental or aesthetic aspects of an article which may consist of three-dimensional features like the shape of an article or two-dimensional features like patterns, lines and colours.

How SMEs can leverage IP as a driver of commercial growth

IP is important in the day-to-day running of any business. It is, therefore, no surprise that developed and developing economies have taken keen interest in the protection of IP assets. If well protected and managed.

1. IP can act as a catalyst for economic development, as well as a driver of commercial growth for the concerned entity. If unprotected, it may lead to intellectual property infringements, loss of customers, finance, goodwill, and revenue for the concerned business.
2. IP can be traded, licensed, and sold by an SME, thereby creating additional revenue streams for such SME. Trademarks, service marks, industrial designs, and confidential information such as recipes, business methods and processes, patents/inventions can each be licensed in consideration for periodic royalty payments to the licensing SME.
3. An SME’s IP assets also make such an SME attractive to prospective investors. This is because IP assets increases the worth of a business as it hunts for investment injection, as such, IP assets can be valued and listed as part of the assets of an SME.
4. A well-managed IP portfolio enables an SME to obtain high returns on investments made on its assets. IP, according to the Institute of Entrepreneurship Development, helps stimulate innovation and growth, and assists in the generation of brand visibility, which can in turn be further translated to increased profitability for the concerned SME.
5. IP helps an SME to establish enterprise and business identity through branding strategy. IP also protects innovations through patents, utility models and trade secrets. This is in addition to the IP’s capability to assist in preventing competitors from imitating an SME’s products or services.
6. IP enables an SME to have exclusivity over the exploitation of its innovative products, creative designs, and brands, whilst further creating an adequate incentive for investing. In short, IP, if adequately leveraged and well-managed, adds value at every stage of the innovation and commercialisation process, WIPO has, in publications, made no secret of the fact that IP assists SMEs to market and build their innovations, position themselves competitively for trading in the global markets and access knowledge, networks, partners, and new commercial pathways.

Channelling IP for commercial exploitation: observed challenges SMES face

In Nigeria, it is often the case that SMEs underutilise their IP. Challenges faced by SMEs in IP management and commercial exploitation are  wide-ranging, some of which stem from a below-par understanding of the mechanics of IP and means of exploiting it for the purpose of growing the SME’s business. Nigerian SMEs are typically, for instance, unaware of the different categories of IP available for protection, as well as the importance of protecting their IP, using the registration platforms and methods made available by law. Unfortunately, there exists the common perception that the registration of IP is irrelevant to businesses. WIPO has posited that some SMEs’ attitude toward the management of their IP may stem from such SMEs’ concerns about the high cost of obtaining registration, combatting counterfeits, and enforcing their IP rights.

At the WIPO, OAPI and ARIPO (WAO) conference, 2019, it was observed that, on a general level, SMEs’ IP awareness and technical knowledge is low, and as a result, there is a minimal usage of IP protection by SMEs. In fact, most SMEs do not have a developed IP strategy. Thus, in as much as SMEs are taking steps to register their companies and business names at the companies’ registry, it is also important to take cognisance of their IP rights and seek to register these rights in the relevant IP registries.

Way forward

On the strength of the foregoing observations, it goes without saying that it has become necessary to raise awareness on the importance of IP rights to SMEs. Governmental institutions (IP registries), chambers of commerce and stakeholders can do much more to educate SMEs on the importance of IP rights, on the processes of obtaining registration, and means of monitoring and enforcing their IP rights.  An example can be gleaned from the European Union, which is taking positive steps to help in the creation of awareness and the provision of training and technological information to SMEs for the purpose of boosting commercial growth and driving innovation in relation to such SMEs.

In the Republic of Korea, the Korean Intellectual Property Office (KIPO), the chambers of commerce, the government SME support agency, the Korean Patent Attorneys’ Association, public and private partners, financial institutions, business training centres cooperated and established a network of support for SMEs on IP matters. The objective was basically on IP acquisition campaign for SMEs, assisting with the creation of IP, reducing the cost of obtaining IP amongst other measures for the commercialisation of IP.

At the WAO conference, it was recommended amongst others that awareness should be raised on the strategic opportunities offered by IP rights, and that IP education and training should be brought closer to SMEs to address issues around SMEs’ constraints in the access to IP rights, and make the existing IP regime more SME-friendly.

It is important to note that in 2003, the SME division of WIPO stated the objectives of a National IP Strategy for SMEs. Some of the objectives are meant to enhance SMEs’ competitiveness through a wider and more effective use of the IP system, by promoting awareness amongst SMEs on how to exploit their innovations. WIPO further committed to improving its policy and institutional support framework and business environment to make it conducive and easier for SMEs to exploit their IP rights. The propounded National IP Strategy revolved around six policies, namely the innovation policy, SME development policy, export policy, education policy, taxation policy and cultural policy.

In the final analysis, Nigeria can take a leaf from the above cited examples of actions that countries and organisations have taken to encourage the exploitation of IP rights by SMEs. We specifically recommend the following:

1. The creation of a national IP strategy for SMEs to promote awareness on intellectual property matters and how to exploit their innovations.
2. The provision of policies, institutional support, a workable framework, and a conducive business environment which will allow SMEs to exploit their IP rights.
3. IP registries should produce layman-friendly materials on IP on their websites. (The Intellectual Property Office (United Kingdom) and the KIPO both have such materials on IP on their social media platforms and websites.)
4. The provision of financial assistance/programmes to help SMEs exploit their IPR. WIPO has particularly commended Singapore’s Patent Application Fund, which finances 50 percent of legal and administrative cost for patents/innovation.
5. The erection of IP enforcement and border control measures to forestall counterfeiting and piracy, and enable SMEs enjoy returns on their investments on products developed.
6. Furthermore, one of the tax policies for WIPO’s SMEs-dedicated division is centred on making available tax incentives for research and development activities such as commercialisation of IP rights and licensing regimes. This can be replicated in Nigeria.
7. Stakeholders, the government, chambers of commerce, and financers can aid SMEs on matters relating to protection, management, and commercialisation of IP rights, by raising awareness, conducting IP rights training for SMEs, providing technological information services, and financial assistance on IP exploitation and commercialisation.

 

• Oyelude is a Senior Associate in G. Elias & Co.’s New Economy”, technology, media and entertainment practices. She can be reached at simi.oyelude@gelias.com

Oguche is an Associate in G. Elias & Co. He writes and negotiates contracts by which intellectual property rights are assigned or licensed.

He can be reached at fidelis.oguche@gelias.com

Prof Margaret Okorodudu-Fubara, internationally renowned Professor of Environmental law and Policy,  retired from the services of the Obafemi Awolowo University (OAU) Ile-Ife few weeks ago. In this interview She shares her views on the development of Environmental law in the country, climate change and sundry national issues. Legal Editor, JOHN AUSTIN UNACHUKWU met her

What prompted your interest in Environmental Law in Nigeria?

Environmental law is a relatively new field or subject of law compared to the Law of Contract, Law of Torts, Land Law, Criminal Law, Law of Evidence, Constitutional Law, Labour Law, Family Law, etc.

The novelty is not peculiar to Nigeria but cuts across the globe. As a matter of fact, when I was studying for my LL.M/Doctorate degrees in Harvard Law School, USA in the late 1970s, Environmental Law was an emerging field of law in the law school curriculum. The United States holds the distinct record as the pioneer of the “first substantive environmental statute” in the world. The National Environmental Policy Act (USA), 1969, NEPA which was signed into law in 1970 by President Richard Nixon, requires all federal agencies in the United States to go through a formal process before taking any action anticipated to have substantial impact on the environment.

So, how did the policy get to Nigeria?

Here in Nigeria, the watershed, origins or the birth of Environmental Law is tied to the country’s infamous “Koko Toxic Waste Dump” experience in 1987. Before that date environmental law as a distinct course did not feature in any law faculty curriculum. When the incident occurred, the Koko toxic waste dump was widely condemned as an unconscionable “crime” against the country with serious implications for the health of the people. Nigerian students in Italy at the time deserve all the commendation for alerting the Nigerian government and the press to this surreptitious toxic waste deal between the private Italian companies and their naïve Nigerian business partners.

What and how did it happen?

Before the shiploads of barrels of toxic waste took off from the Italian port, the Nigerian students had alerted strategic segments of the country, including the newspaper houses. When the toxic wastes eventually arrived at Koko Port, these patriotic Nigerian students in Europe didn’t stop at that. Despite the alarm they raised, they doggedly insisted on crying foul and making sure that the Nigerian press did not blink and allow it to be swept under the carpet. The government was kept actively engaged on the matter in order to avert adverse consequences to the detriment of human life.

What was the Nigerian government’s role in the Koko waste saga?

The government was awakened to its primary constitutional duty for preservation of life and security of the country and people. So, the question was: what can we do to these people who transported these toxic wastes to our country? Unfortunately for us, there was no existing law in the country under which the Italians and their Nigerian partners could be tried for any crime relating to importation of toxic and hazardous wastes. That is the Rule of Law, no person can be tried for a crime which was not inexistence or prescribed as such crime at the time of commission of the alleged “crime” under a valid extant statute or law. Nigeria resorted to international law and extant treaties both global and bilateral and we got the Government of Italy to take responsibility for the toxic wastes exported from Italy; scoop up and ship back to Italy several drums of toxic wastes and contaminated soil from the Koko Port, in the then Bendel State.

What was the effect of this experience on Nigeria?

It became imperative for the government to promulgate appropriate laws and policies for the protection of the environment in Nigeria. Support for this national commitment was received from international organisations and friendly western countries, notably Germany, United States, Canada, Japan and the United Kingdom.

Was this what prompted your foray into Environmental Law?

My foray into Environmental Law started in 1988 when I was consulted to write a paper (co-authored with Professor Antony Imevbore, Director, Institute of Ecology, Obafemi Awolowo University, Ile-Ife) titled: “Review of Existing Laws and Statements on the Environment in Nigeria”, to be presented at the “International Workshop on Goals and Guidelines of National Environmental Policy for Nigeria” organised by the Environmental Planning and Protection Division, Federal Ministry of Works and Housing in conjunction with the United Nations Environment Programme (UNDP) at the Sheraton Hotel, Ikeja Lagos in September 1988. At the time that I was commissioned to write this paper, I was the Acting Head, Department of Jurisprudence and Private Law. Basically, what I did was that I scanned through all the laws of the federation in my departmental office searching for laws that had relevance or tangentially related to the integrity of the environment media – the air, land and water. The aim was to search for laws with bearing on environment protection that can serve as the basis for the prosecution of those that brought the toxic wastes into the country. Of course we had several sanitation/hygiene type laws in the statutes. But all these fell short of a comprehensive and substantive environmental law that fits into the modern post Industrial Revolution construct, for the preservation of wholesome environment and conservation of natural resources.

What was the fallout of this?

The fallout of the 1988 “International Workshop on Goals and Guidelines of the National Policy for Nigeria” where I presented the almost 100 pages paper “Review of Existing Laws and Statements on the Environment in Nigeria” was my determination to develop the paper into a book on Environmental Law, first of its kind in Nigeria, that would help to promote the emergence and inclusion of Environmental Law as a course of study on the curriculum in law faculties in Nigeria. By the special grace of God, I got unprecedented support for this book project. I won the Fulbright (Senior) Scholar Award, 1990/91 and the Robert S. McNamara (World Bank) Fellow, 1990/91, and I was reliably told by the Focal Person at the USIS while congratulating me on the double awards that that was the first time a Nigerian University Scholar would clinch both highly prestigious awards in the same year. With this I was able to go on sabbatical leave from the university in order to carry out further research and start writing the Environmental Law text book in the United States.

ow has the field evolved since your involvement?

To the glory of God, I would say ‘exponentially’. Nigeria today easily boasts of a vast array of environmental legal experts and practitioners. I was really impressed to observe that not less than 75 per cent of the newly constituted Nigeria Law Professors Forum indicated Environmental Law as their field of expertise. There is rising interest in Environmental Law as a subject and field of research by law students and scholars as well as other fields of study, especially post-graduate students from department of ecology who subscribe for Environmental Law as an elective course.

What do you consider to be the impact of your book on Environmental Law in the development of the subject matter in the country?

The publication of my book, “Law of Environmental Protection: Materials and Text” the first in Nigeria was sponsored by Shell Petroleum Development Company (SPDC), Nigeria. As I stated earlier, the proposals I submitted on the basis of my proposed book project won the two most coveted Scholarly Award. The book was very useful in the training of the first crop of Environmental Law students. Over the years, the book has been used in tutoring many students who are now very sound experts in Environmental Law. It was also used as a resource material in training new set of law makers at the inception of the Fourth Republic in the country. So, the book was written in a very easy to read and comprehend style. It has helped to build up lawyers and non-lawyers quite knowledgeable in Environmental Law. And today many of them are taking the subject to the next level. I am most appreciative of the role SPDC played in getting the book published without expressing any bias, not minding the fact that I unequivocally called out the company in aspects where I found the company falling short of national or global environment protection best practices.

How do we develop Environmental Law to tackle climate change, without stifling the poorer global south’s development?

Climate change is a major global issue. So let’s consider it from the sense that Environmental Law is a facilitator of the development. To put this into proper perspectives, let’s revert to the incidence of impacts of oil drilling, gas flaring and climate change in the Niger Delta region of the country. For now Nigeria is reluctant to heed the demand of environmental activists to leave the crude oil in the soil.

Why?

Simple. Oil is the major foreign revenue earner for the country and the Niger Delta acknowledged layer of the golden egg of the country. Climate Change has implications for varied socio economic problems plaguing the region, primarily driven by crude oil drilling/production which exacerbate conditions of poverty, hunger, diseases, insecurity and other forms of ecological disasters in the region. In the process of crude oil production there is massive gas flaring with emission of carbon dioxide which is seriously implicated in global warming. Fortunately, the 2015 Paris Agreement has come up with what I would characterise as global standards to tackle climate change. However, although there are global best practices, there is no universal pace or model for this, each country has the mandate to define its own priorities for compliance with the Paris Agreement. Nationally Determined Contribution (NDC)  to combat climate change,  which are essentially non-binding national plans highlighting climate actions, targets, policies and measures government plan to implement in response to climate change and as contribution to achieve global efforts at curbing climate change.

Was Nigeria part of this agreement?

Nigeria has its NDC well-articulated and presented to the global body. The issue is how do we walk the talk to feel the positive impact of the NDC? Probably this is where to enlist the legal tool which Environmental Law affords. In my view we do this by creating a “climate”(using that word in the colloquial sense) in which the goals of sustainable development can be attained, and innovation and sustainable lifestyle can thrive, through enacting appropriate laws and setting in place apt policies to check the long-term impacts of climate change through mitigation and adaptation. Right now in Nigeria, there is low capacity for adaptation and inadequate adaptation strategies.

Can Environmental Law help to lessen if not eradicate Nigeria farmers/herders crises?

The answer is yes and no. The reason that I say yes is because there are extant environmental law/regulations relating to livestock grazing in Nigeria. But law as a tool of environmental control and management cannot exist in isolation. We have provisions in the National Environmental (Wetlands, River Banks and Lake Shores Protection) Regulations S.I. 26 of 2009 and the National Environmental (Protection of Watershed, Mountainous, Hilly and Catchment Areas) Regulations, S.I. 27 of 2009 which attempt to regulate open livestock grazing in environmentally sensitive areas. The local government is required to ‘determine watering points and routes for animals to have access to water in “each” river or “each” lake. And every land owner or user of land in the vicinity of a river or lake is required by law, that is, duty bound to prevent the degrading and repair degraded river banks and lakeshores by several measures listed in the law, including the control of livestock grazing.

What is the role of the National Environmental Standards and Regulations Enforcement Agency (NESREA) in this respect?

NESREA (the National Environmental Standards and Regulations Enforcement Agency) in collaboration with the state government, has the mandate under S.I. 27 of 2009 to restrict grazing in areas that are identified as threatened by environmental degradation. In collaboration with the state and local government the Agency may prescribe maximum number of animals allowed to graze on a particular area of land. Under this same S.I. 27 of 2009, a person who desires to graze livestock in the specified areas must submit an application endorsed by the Chairman of the Local Government Area to the Agency in the prescribed form under the Regulation. It is an offence under the law for any person to cause or permit his livestock to graze in contravention of this Regulation. Penalties including imprisonment and or fine are stipulated for violation of these environmental regulations. We all know that these are toothless laws and regulations, hallowed more in breach than compliance.

Why do you say this?

Herdsmen roam the length and breadth of the country to graze cattle completely mindless of extant environmental laws and regulations. Despite the seemingly good intentions of the draftsman, these laws as presently drafted are largely inadequate and do not fully address the sustainable development, environmental protection and socio-economic issues as major targets of the environmental laws and regulations. The fallout from this is the fact that regulatory impact is at variance with specified goals and long term objective. Some of the provisions are grossly people insensitive, causing non-compliance. There are no economic options for segments of the regulated community, as the Regulations are silent on economic and market incentives.

How?

For well over a decade the country has witnessed threat to security from the herdsmen farmers’ conflict. Indiscriminate grazing of cattle by the herders has been the main cause of the conflicts. Several attempts have been made to find a solution to the incessant conflicts and violence, including the unpopular and controversial RUGA (Rural Grazing Area) policy which was suspended. So, I believe the question is whether Environmental Law can lessen or eradicate Nigeria farmers/herders crises? Barring the political, ethnicity, tribal and national territorial integrity dimensions of this Fulani herdsmen/farmers’ crises, I believe appropriate environment laws and regulations combining measures required to make implementation, compliance with and enforcement of the laws more effective, will definitely be a game changer going forward to establish peaceful co-existence between the herders and farmers. Cattle grazing are an industry/business; therefore the law also should critically address the establishment of “industrial grazing plots/acres” as private enterprises. The regulated community should be given facilitative incentives and support for maximum compliance with the environmental laws and regulations. Nigeria can borrow a leaf from other parts of the world where there is civilised cattle rearing as private business/industrial enterprise.

What is the solution in your view?

Education can go a long way to help us overcome the herdsmen/farmers’ crisis. What we are witnessing with the Fulani herders/farmers’ crisis is a very serious civilization crisis in Nigeria today. Education can also be the panacea for this crisis. As I pointed out in my valedictory lecture, the educational value inherent in the Earth Charter (a unique declaration of fundamental ethical principles for building a just, sustainable and peaceful global society in the 21st Century, to inspire in all people a new sense of global interdependence and shared responsibility for the well-being of the whole human family, the greater community of life, and future generations) would highlight what we have in common.

What do you mean by this?

We must find what we have in common, what binds us together rather than highlighting our differences and what divides us as human beings, which if care is not taken and wisdom applied, will only tend to war or severe conflict. This makes it all the more imperative for us as a country to entrench education for sustainability into the national psyche. It is a sine qua non for peace and political stability and viability of our national development.

 

 

 

Why did you remain in Nigerian academia, when many of your colleagues opted for teaching jobs abroad?

The patriotic spirit in me made me to stay. Moreover, I believe that I am divinely located here in Obafemi Awolowo University, Ile-Ife. I have enjoyed the entire period of my stay here in OAU. This place of my divine location has been a huge blessing to me. I got married and reared amazing Godly children in this place. I give all the glory to God Almighty. I had the opportunity to have carried out research and taught in law schools in the United States, during my Sabbatical years at the St. Mary’s Law School, Saint Mary’s University, San Antonio Texas 1990/91 and School of Law, University of Oregon, Eugene, Oregon, USA, respectively. So, really I cannot pretend to have taught only in Nigeria. The experience of teaching both here and abroad has been quite fulfilling, I must confess. I had the best of both worlds with my colleagues in the legal

academia and the students, with pleasant memories that linger.

 

How did you manage, combining marriage with your high flying academic career?

It is purely the Lord’s doing, and it is marvellous to me personally. It is not by power or by might, but by His grace that I have successfully combined raising kids with a successful career. That is

my loaded response to that question.

 

What advice do you have for the  young brainy girls  who want to be where you are in the next 50 years, amidst all the sexual harassments, sex for grade issues?

I will say to the young brainy girls, have a very close relationship with God Almighty, your Maker. Make sure you do not breach the edge and remain divinely cocooned inside His envelope of Divine protection. Loving fear of God will keep the young brainy girls in the right path as they navigate through the treacherous paths of university life, even when they are miles away from their doting parents/guardians. Temptations will surely come knocking, but with divine guidance they can solidly hold their own ground and able to overcome. They must remain focused on their  studies; the primary goal for seeking university education; and the ultimate goal to make a huge success of their lives ambition such that their  generation and future generations will notice their footprints on the sands of time.