Category: Law

International energy lawyer, Prof. Damilola Olawuyi (SAN) has emerged the new Chair of the United Nation’s (UN) Working Group on Business and Human Rights.

Olawuyi, who is also the Deputy Vice Chancellor (Academic) at the Afe Babalola University, Ado Ekiti (ABUAD), represents Africa on the Working Group. He took over from his Asia-Pacific counterpart, on July 1.

On his appointment, Olawuyi said under him, the group would continue to promote responsible business conduct in all key economic sectors.

 “I am honoured to assume the role of Chair of the United Nations Working Group on Business and Human Rights.

“Our Working Group has the key mandate of promoting responsible business conduct in all key economic sectors.

 “I look forward to working with governments, business enterprises, civil society actors and other stakeholders across the world in advancing this important task”, he said.

The body of experts was established in 2011 through UN Resolution 17/4, to promote the effective and comprehensive dissemination and implementation of the UN Guiding Principles on Business and Human Rights through country visits, capacity building and dialogue with Governments and all relevant actors, especially business enterprises.

Prof. Olawuyi has served as a consultant to the United Nations, World Bank as well as the UK’s Department for International Department, among others.

The frontline energy law expert is a Harvard and Oxford trained scholar with expertise in petroleum, mining, energy, environment, business, human rights, and public international law.

He has published over 150 articles, book chapters and books on all aspects of sustainable development in the extractive industries.

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He is the President of the International Law Association (Nigerian Branch), global Vice Chair of the International Law Association (ILA), and member of the International Bar Association’s academic advisory group on energy, environment and natural resources.

He has delivered lectures on energy law in over 50 countries in Europe, North America, Asia, Africa and the Middle East.

He has served as a BOK Visiting International Professor (VIP) at the University of Pennsylvania Law School, visiting professor at Columbia Law School, New York, China University of Political Science and Law, University of Birmingham, and at the Oxford Institute for Energy Studies.

 In 2019, he was appointed a Herbert Smith Freehills visiting professor at the University of Cambridge, United Kingdom.

This is not the first international appointment for Prof. Olawuyi.

In 2020, he was appointed by the African Union (AU) to serve on the AU Working Group on Extractive Industries, Environment and Human Rights Violations, while in 2021, he was appointed by former President Muhammadu Buhari as a member of the Governing Board of the Nigeria Extractive Industries Transparency Initiative (NEITI).

 In 2020, he was elevated to the prestigious rank of Senior Advocate of Nigeria (SAN) at the age of 37 becoming the youngest academic to hold the rank.

Earlier this year, he received the 2023 American Society of International Law (ASIL) book prize for his acclaimed text, Environmental Law in Arab States, published by Oxford University Press.

A Senior Advocate of Nigeria (SAN), Chief Anthony Idigbe, has called for a holistic approach to tackling transnational organised crimes (TOCs).

He noted that as organised criminal networks have become globalised, efforts to combat them require a coordinated transnational response.

He spoke in Lagos at the Scholar and Faculty Programme of the Nigerian Higher Education Foundation, organised in collaboration with the Attorney General Alliance- Africa (AGA-Africa) on “Transnational Crime Awareness”.

Idigbe said transnational crimes are threats to the state, its national and regional security and the rule of law.

Left unchecked, he said they could impede a country’s political and economic development, and limit the social and cultural development of society.

The SAN noted that more strategies should be adopted to raise international awareness about transnational crimes’ threat to international security.

This, he said, would galvanise multilateral action to constrain the reach and influence of these crimes; deprive them of enabling means and infrastructure; shrink the threat these crimes pose to citizen safety, national security, and governance; and ultimately defeat the transnational criminal networks that pose the greatest threat to national security.

Idigbe also said it was imperative to defeat transnational criminal networks that pose the greatest threat to national security by targeting their infrastructure, depriving them of their enabling means, and preventing the criminal facilitation of terrorist activities.

Idigbe stressed that practical, legal and political measures must be taken to deal with the problem.

According to him, at the United Nations and regional levels, there is now a much greater awareness of the dangers posed by transnational crime in its various manifestations.

He said creating awareness about transnational crimes was imperative, adding that various bodies have been instrumental in sensitising people on how best to curb them.

He noted that the World Bank and the International Monetary Fund are also engaged in the fight against transnational crimes by conducting assessments of anti-money laundering provisions in countries.

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He added that the World Bank also carries out anti-corruption efforts and in 2011, pledged $1.5 billion to fight TOC over the next few years, recognising its corrosive impact on development.

Idigbe stressed the need to help countries strengthen governance, break the corruptive power of transnational criminal networks, and sever state-crime alliances.

“It is important to break the economic power of transnational criminal networks and protect strategic markets and financial systems from transnational crimes penetration and abuse.

“Also, transnational criminal networks that pose the greatest threat to national security must be defeated by targeting their infrastructures, depriving them of their enabling means, and preventing the criminal facilitation of terrorist activities,” Idigbe said.

The SAN, who is a visiting professor at Christopher University, said AGA-Africa has contributed to tackling transnational crimes.

He said it was established in 2016 and operates under the auspices of the Attorney General Alliance (AGA) based in the United States.

He added that it contributes to the reduction, prevention and elimination of transnational crime.

According to him, AGA-Africa had engaged in oral advocacy, awareness seminars and other events to draw attention to the dangers of transnational crime, and achieve capacity building to strengthen institutions tasked with upholding the rule of law be it at the level of law enforcement, judiciary, prosecutors, among others.

As a Deputy Superintendent of the Nigeria Correction Service, Nsikan Blessing Gabriel is a stakeholder in the criminal justice sector. She is also a minister of God, a motivational speaker and an author. Gabriel spoke with ADEBISI ONANUGA about her motivation for writing her new book, ‘Stars Behind Bars’ set for launch in Lagos tomorrow.

Why and how did you get into writing and publishing?

I went into writing to pass an important knowledge that will outlive me.

From where did you draw your inspiration?

I draw my inspiration through the Holy Spirit and love for humanity.

How many books have you written so far? What are their titles?

I have written five books so far, and published two. The next one will be out by September this year. Their titles are: Activate Your Potential; Stars Behind Bars; Principles of Giving; The Power of a Barren Woman; and Reasons To Pray For Leaders.

I also write and publish stuff on website. www.nsikanblesing.com.ng.

What is your ultimate goal with the books you have written?

To impart knowledge that will provide solutions, to help humanity especially the younger generation.

 How can your books change the life of those behind bars in correctional centres?

The book, Stars Behind Bars, will open the eyes of all categories of inmates in various correctional centres to do more outstandingly while and after serving jail terms. It is to encourage inmates to live a life of impact and influence even as inmates and after release through self\potential discovery, passions and talent monetization by seizing the opportunity to embrace various skills acquisitions and educational programs available in correctional facilities. It is intended to discourage inmates from living a life of crime and returning to crime. Help married inmates maintain a good working distance, marriage and relationship.

It reveals inmates’ coping mechanisms in order for them to overcome depression and bad mental health. It promotes peace and stability in correctional facilities. It also suggests how best to improve the Criminal Justice System and inmates’ living condition.

Can you give us an insight into the chapters of your new book?

Surviving confinement: how to overcome anxiety, depression and bad mental health, Prisoners’ right: their right and how to stand up to it. How to make money in correctional centres: avenue to make money in order to support thier family. The transformational prisoner: it is possible to shine even as a prisoner; Reasons for delay in criminal justice administration and powerful recommendations to help the criminal justice system as a whole.

 What are the challenges you face in writing the book, being a Correctional Officer?

 First is sleepless nights while writing and overworking myself, bullying and envy from colleagues.

 What massage would you want to pass to the inmates with the launch of this book?

That is to let them know that imprisonment only takes their freedom of movement, the highest imprisonment is that of the mind. No reformation can take place without a positive shift in the mind of a prisoner. Inmates should say no to depression, like Nelson Mandela did and that they can become more, even as inmates.

Given an opportunity, which would you choose, being a Correctional Officer or author and why?

I choose to be a correctional officer because being a correctional officer made me an author. Moreso, Correctional Service is not just a job to earn a living, but a place to fulfill destiny, do the work of ministry and impact lives directly.

Who is Nsikan Blessing Gabriel?

Nsikan Blessing is a seasoned motivational/inspirational speaker and a writer popularly known for her recent book,  ‘Activate Your Potential’.

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 She is a one-time model, actress, and T.V host. 

She gained employment with the Nigerian Prison Service (now Nigerian Correctional Service) as a Correction Officer in 2012, a job she has been very dedicated to and now holds the rank of Deputy Superintendent of Corrections.

She has initiated creative entertainment programs into the Nigerian correctional service and has hosted correctional programs in Lagos State, where she doubled as the MC in many of the events, one of which is the popular prison inmates exhibition, her direct initiative, which inadvertently has promoted the image of the Nigerian Correctional Service through its impact on inmates.

She is an exceptionally hard working officer who specialises in reformation, rehabilitation and reintegration of inmates.

She holds a B.SC in Zoology and Environmental Biology of the University of Calabar, Cross River State and a Masters in Public Administration of LAUTECH.

She is an ordained minister of God in the Redeemed Christian Church of God with a passion to save souls and see people prosper through ultilizing their God-given potential as well as fulfill God’s purpose for their lives.

She is also the president of NSIKAN BLESSING GABRIEL MINISTRIES (Kingdom Matters).

The Nigerian Bar Association Section on Business Law (NBA-SBL) has set an agenda for the new administration, emphasizing the critical role of law, policy, and regulation in driving sustainable growth and economic development.

The NBA-SBL discussed this at its recently held 17th Annual International Business Law Conference 2023, themed “The Nigerian Business Landscape: Priorities for Law, Policy, and Regulation.”

The three-day conference was kick-started with an opening ceremony and welcome dinner event at Eko Hotel & Suites, Victoria Island, Lagos.

According to the Chairman, Nigerian Bar Association’s Section on Business Law (NBA SBL), Dr. Adeoye Adefulu, the 2023 NBA-SBL Annual Conference is setting the agenda for the President Bola Tinubu administration in critical areas of law policies and regulations needed urgently to enhance economic growth and create jobs.

Adefulu noted that areas such as Startups, Artificial Intelligence (AI), Agriculture, and Energy Transactions, among other areas, are pivotal to the new administration’s reforms, stressing on government prioritizing laws and regulations needed to sharpen its policies. 

He noted that the NBA-SBL past conferences have been impacting as key issues such as the Companies and Allied Matters Act (CAMA), and Petroleum Industry Act (PIA), among others were discussed and its numerous reforms from the conference have aided the government in decision-making.

“Beyond the conference, our work is to ensure the regulatory works best for investors. We work with different regulatory institutions regularly, helping them sharpen the laws those regulations are based upon,” he said.

He added that the 9th Assembly was focused on a lot of reforms but as the world is dynamic, the legal environment, policy, and regulations needed to be dynamic as well, stating that Nigeria with a growing young population needed to be engaged in economic growth.

“The dynamism in the growing population must be reflected in the way our National Assemble, regulators pass law. When they pass the law, it is not enough to pass but implement it and regulate it in such a way there will be an inflow of businesses into the country. We have to keep the young generation engaged and we can only do that by improving the business environment for the Nigerian economy to grow,” Adefulu said.

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Also speaking on issues that need to be urgently addressed by the government to drive economic growth in Nigeria, he said, “Investors want to know what the rules are and if it is not applied in a discriminate manner. They want to know if these rules are clear and applied to everybody.

“The focus of regulation is to ensure that the companies thrive in such an environment and they must thrive according to the rules. We think the new government is already getting some things right but we are looking forward to those that will take the initiatives further.”

He noted that Nigeria’s problem is not laws and regulations but implementation.

“Implementation is putting the right people in the right position. It is also a question of leadership,” he said.

World Bank Country Director for Nigeria  Dr. Shubham Chaudhuri, who delivered the keynote address, provided valuable insights into the evolving dynamics of the business environment and emphasized the critical role of law, policy, and regulation in driving sustainable growth and economic development.

Chaudhuri stated that no country can leave the poverty trajectory if it is without security and the rule of law, does not promote investments in human capital and does not create space for private investments in the economy.

The business and economic expert noted that upholding the rule of law which ensures law and order, fundamentals of governance, and investments in human capital are the foundations that, in essence, govern the country.

He said: “We are developing our members and shareholders in 189 countries around the world and Nigeria is one of the countries. Our basic mission is to help our members eliminate extreme poverty and make life better for all citizens. We provide concessional financing in support of government programs.”

Chauduri said the board had approved about millions for the Nigerian government’s development programme.

He said: “Since I arrived in Nigeria in September 2019. Between 2019 and June 2023, our board approved about ten and a half million dollars in concession line financing for the Nigerian government’s development programs, basically to eliminate poverty and promote a better future. All of these go to the federal government, but a large part of it goes to the state government because the state of the Nigerian constitution has lots of responsibilities.”

He also said that beyond concessional financing, what he aspires to do, is to be seen as a trusted partner ready to help not just with financing but with ideas, analysis, and sharing experiences from other countries around the world.

“Also, to help Nigerian partners find solutions to developmental challenges, which is mostly eliminating poverty, creating jobs, and helping every Nigerian find a better future,” he added.

Chaudhuri ended his speech by saying Nigeria can only reach its full potential by “enlarging the pie rather than the elites converting the little piece of pie for themselves.”

NBA President, Y.C. Maikyau (SAN) implored all in attendance to ensure they always strike a balance between business and policies and regulations in the business landscape in Nigeria.

For years, the Supreme Court has not had its full complement of 21 justices. Besides, no member of the apex court Bench has been appointed straight from the Bar since 1979. But, by seeking to appoint 10 more justices to join the existing 13, Chief Justice of Nigeria (CJN) Olukayode Ariwoola has an opportunity to break with tradition, reports ERIC IKHILAE.

Chief Justice of Nigeria (CJN) Justice Olukayode Ariwoola recently issued a notice calling for the nomination of lawyers for appointment justices of the Supreme Court. There are currently 13 justices on the court’s Bench, nine short of the constitutional maximum of 21.

The notice, issued on June 19, replaced the one he issued on June 14, indicating eight openings at the apex court. It also ended a similar process initiated by Justice Ariwoola’s immediate predecessor Justice Ibrahim Muhammad, who could not carry it through before his hasty exit.

Several Justices of the Court of Appeal were nominated in the last appointment process initiated by Justice Muhammad, which saw the Federal Judicial Service Commission (FJSC) producing a list of nominees, but which project can now be safely termed abandoned.

By his latest notice, the CJN indicated the number of judicial officer(s) to which each geo-political zone is entitled – Southeast (two); Southsouth (one); Southwest (one); Northcentral (three); Northeast (one) and Northwest (two).

However, like previous exercises, the new appointment process has again thrown up two key issues which are attracting debates.

The first is whether, this time, the Supreme Court plans to go the whole hog of attaining its full complement by completing the 21 Justices provided for in the Constitution.

The second issue relates to whether the appointing powers at the apex court are willing to appoint judicial officers for the court straight from the Bar, rather than appointing them from the Bench, as has become the tradition.

Attaining Supreme Court’s full potential

Section 230 of the Constitution provides that the Supreme Court shall consist of the CJN and “such number of Justices of the Supreme Court, not exceeding 21, as may be prescribed by an act of the National Assembly.”

The closest the court got to having 21 Justices at a time was on November 6, 2020, when eight new judicial officers mounted the apex court’s Bench upon their elevation from the Court of Appeal.

They were Justices Lawal Garba (Northwest), Helen Ogunwumiju (Southwest), Abdu Aboki (Northwest), Ibrahim Saulawa (Northwest), Justice Adamu Jauro (Northeast), Samuel Oseji (Southsouth), Tijani Abubakar (Northeast) and Emmanuel Agim (Southsouth).

By their appointment, the number of apex court justices rose from 12 to 20. But as of today, due to retirement and death, the number has fallen to 13, with two planning to retire this year.

Those who are to exit later this year are Justice Amina Augie from Kebbi State (Northwest), who will retire on September 3, and Justice Musa Dattijo Muhammad from Niger State (Northcentral), who is expected to retire on October 27.

With their exit, the court will be left with 11 justices, which no doubt, informed Justice Ariwoola’s notice.

If this ongoing process succeeds, all the 21 seats on the court’s Bench will be fully occupied by October.

Appointing appellate court justices from the Bar?

The argument for and against the propriety of appointing judicial officers for the appellate courts from the Bar has been on for some time now. While those in favour of such a possibility have cited past cases in the country, among other reasons, those against have also held on tenaciously to their position, adducing reasons to that effect too.

Past cases

Two major instances where lawyers were appointed straight to the apex court were during the military era when the rule of law was often accorded scant regard.

The first known case was that of Justice Teslim Elias, an academic, who was appointed the CJN by the then military Head of State, General Yakubu Gowon in 1972, after he had served as the  Attorney-General of the Federation and Minister of Justice at various times since 1960.

The second instance was the appointment of Justice Augustine Nnamani (SAN), who was nominated by the then Head of State, General Olusegun Obasanjo, to the Supreme Court in 1979 from his position as the Attorney-General of the Federation and Minister of Justice.

Justice Nnamani served at the Supreme Court for 11 years subsequently.

Arguments for appointment of lawyers

Proponents of the appointment of lawyers to the appellate courts’ benches have continued to argue that bringing in legal practitioners, who have excelled in practice and academics, has the capacity of improving the quality of the system, enhancing competition, inject new blood and curbing unethical conduct, among others.

They have also argued that the law, particularly the Constitution, in Section 231(3) on qualification, does not support the current tradition of appointment by elevation.

To them, the reluctance on the part of the appointing authorities to accept the appointment from the Bar remains unjustifiable, which accounted for why the immediate past President of the Nigerian Bar Association (NBA), Olumide Akpata, had to question the rationale behind the decision of Justice Muhammad to exclude lawyers from the recruitment process he initiated in 2022.

Justice Muhammad had on January 19, 2022, like the June 19 notice by Justice Ariwoola, written to the NBA to nominate suitable candidates for consideration for appointment to replace six  justices of the Supreme Court who had died, retired, or were about to retire.

But, when the list of those shortlisted was released, the CJN failed to accommodate any of the lawyers whose names were forwarded by the NBA, a development that prompted Akpata to write a letter dated, June 23, 2022, to Justice Muhammad.

Akpata noted that the then CJN, in his January 19 letter, specified the requirements that the nominees must have, drawing a clear distinction between the requirements for serving judicial officers, and the requirements for legal practitioners in private practice.

He said: “Following that invitation, the NBA reached out to its members on 7th February 2022 requesting for submission of expressions of interest from eligible members for nomination to the Supreme Court of Nigeria (SCN) Bench.

“The list of interested candidates, who met the specified requirements, was sent to your Lordship within the specified timeframe.

“We had been optimistic that my Lord’s invitation was an indication that legal practitioners in private practice, who are eminently qualified, and who responded to the request for expressions of interest would be considered for appointment to the SCN.”

Akpata went on: “Indeed, this is the clear intendment of Rule 3(1)(b) and Rule (3)(6) of the National Judicial Council’s Guidelines for the Appointment of Judicial Officers (the Appointment Guidelines).

“My Lord would therefore understand our dismay when we noted from the contents of your Lordship’s letter dated 27th May, 2022, that all the shortlisted candidates were justices of the Court of Appeal and that none of the legal practitioners in private practice, who expressed interest and whose names and enviable credentials were sent to your Lordship for consideration, was included in the provisional shortlist of candidates for appointment to the SCN.”

The erstwhile Bar leader said if indeed there was no intention to consider legal practitioners in private practice for such appointment, “we query the need for the invitation to the NBA to nominate candidates, inclusive of legal practitioners in private practice.”

He added that “if, however, the candidates nominated were found unsuitable or wanting in any material particular, we would appreciate some indication as to the criteria applied as required by Rule 3(8) of the Appointment Guidelines so that we can ensure that more suitable are put forward by the NBA next time the appointments are to be made.

“We strongly urge your Lordship to reconsider the nomination process in light of these observations.”

The Body of Senior Advocates of Nigeria (BOSAN) has equally consistently faulted the current appointment process for judicial officers for the Court of Appeal and Supreme Court through elevation.

A leader of BOSAN, Onomigbo Okpoko (SAN), also asked the National Judicial Council (NJC) to consider appointing appellate justices directly from the Bar as it is done in other countries.

“BOSAN does not see any justifiable and arguable opposition against the direct appointment of this class of candidates available for appointment to the Supreme Court and the Court of Appeal.

“The lawyers in the academia and of the Bar read and write books and conduct research just as the judges do. The skill to read and write legal opinions on appellate matters is undeniable.

“The lawyers from the private Bar who practise law on a daily basis in all courts and lawyers from the ministries of Justice who conduct government cases have necessary skills that can greatly enhance the works of the appellate courts.

“Today, the NJC ignores these sources of recruitment and prefers to appoint candidates on the basis that they have served as magistrates and Sharia Court and Customary Court judges as a condition for appointment into the appellate courts,” Okpoko said.

Arguments against appointment of lawyers

Opponents of the campaign for the appointment of appellate courts’ justices jfrom the Bar are of the view that it has the risk of not only polluting the system but serving as a disincentive to those who have committed their lives to the Bench from the inception of their legal career.

“How do you appoint a lawyer, who has made fortunes representing various political and business interests onto the Bench at the appellate level at the detriment of those who have been in the system and started from either the High Court or the magistracy?

“It is like handing out the best of both worlds to this set of lawyers, who have had the best of life either as a practitioner or in academics, at the detriment of those who chose the path of the Bench and have remained committed to it.

“What about the challenge of experience? Will you begin to train him/her at that level on the practices of a jurist or what? Those cases being cited occurred under the military, where decisions are taken at the whims and caprices of one or few individuals, without respect to what the rules or laws say,” a retired jurist said.

Justice Muhammad stressed this point while speaking at a conference of judicial officers as the CJN. He foreclosed the possibility of appointing justices for the Supreme Court from among practising lawyers.

He said although there was pressure and calls for a review of the current appointment process that gives priority to career judges and justices, he was not ready to yield ground on the matter.

Justice Muhammad argued that those campaigning for the appointment of judges to the Court of Appeal and Supreme Court from the Bar were not considering the drawbacks inherent in such a proposal.

He added: “I wouldn’t want to say much on the process of selecting justices from the Court of Appeal to the Supreme Court. But one thing on which I am positively assuring you, although there is a lot of pressure, is that we will retain the old regime.

“Those of us, who passed through the Court of Appeal, spent a number of years in the Court of Appeal, and we had a lot of experience and created a lot of relationships in the Court of Appeal. We will feel slighted if we are made to take anybody straight from outside.

“I don’t know. There are a lot of calls, a lot of insistence that we should take a look at the process we currently use in appointment to the Supreme Court and that we should not concentrate on the Court of Appeal alone. I say no.

“But, maybe it is because I am biased; because I am a son of the Court of Appeal, and I know the number of years that I spent in the Court of Appeal. And I know the experiences I gathered in the Court of Appeal. I know the number of Justices that I met and made friends within the Court of Appeal, and we still telephone each other till today.” Justice Muhammad said.

He noted that it would be an act of injustice against career judges and justices who have committed years to the Bench and have no other options, as practising lawyers have.

“This is somebody who has followed through the line. For example, myself. I started as a Magistrate Grade II. Going down the ladder, I wouldn’t want the authority to forget those of us who have been around.

“You grew up from the magistracy, rising through the ranks, and then they say we are not taking candidates for the Supreme Court from the Court of Appeal; we are taking from among the practising lawyer.

“We are not denigrating the practising lawyers. That is why I said let’s call a spade a spade. A practising lawyer may have a lot of openings. Tell me: what are your openings? What is the way forward for you? Please, let’s put our heads together. Don’t entertain that kind of thing.

“As far as I am concerned, the Supreme Court is the last stage. Anyone of us, who grew up with the system and has continued to grow, why stagnate him? We know that it is not every one of us that will get to the Supreme Court. That is destiny.

“If somebody is brought from outside, it will take time to train such a person to fit in. I am with the old regime that we should train those who are already on the line.

“If you want to be a judge, you should join at the High Court. But, most of them do not want to join at the High Court. That is the best place for you to start.

“I don’t think it will be the right thing to appoint somebody straight to the Court of Appeal, because you have to train and teach him/her.

“Let me pose this question: supposing you retire now; or, God forbid, something happens and they retire you compulsorily, or you are even dismissed. Nobody is praying for that. But, assuming any of these happens, can you go into practice?”

The gathering answered: No!

Why it may be possible for now

Although the Constitution does not discriminate against practising lawyers in its provision on qualification, the current appointment procedure exists to the detriment of those at the Bar.

Under the existing Revised National Judicial Council Guidelines for the Appointment of Judicial Officers of All Superior Courts of Record in Nigeria, which became effective on November 3, 2014, Justices of the Supreme Court and the Court of Appeal are required to write an assessment letter/note for wants appointment into the higher courts.

Since those who are against the alteration of the current practice are judicial officers, all they need to do is to refuse to nominate a lawyer or comment on the suitability of any legal practitioner for the purpose of appointment into the higher courts.

Even though the Guidelines allow the NBA to also nominate, such nomination must still be accompanied by the mandatory opinion of the judicial officers, without which no lawyer will meet the requirements for appointment as a judge.

For instance, Rule 3 of the NJC Guidelines states: “In the case of appointment of Judicial Officers for Court of Appeal and Supreme Court of Nigeria, the President of the Court of Appeal/Chief Justice of Nigeria shall as the case may be, write to Heads of Courts, serving Justices of Court of Appeal/Supreme Court of Nigeria and President of the Nigerian Bar Association asking for nomination of suitable Judicial Officers/Legal Practitioners for appointment as Justices of the Court of Appeal/Supreme Court of Nigeria.”

Rule 3(1)(b) of the Guidelines adds that “except a sitting judge supports a lawyer’s application for appointment as a judge, his application will fail.”

Rule 2, which equally applies, states: “Any person nominating a candidate must do so in writing and indicate clearly and in detail that he/she has sufficient personal and professional knowledge of the candidate’s requisite attributes for a reasonable period of time as would make him competent to make the nomination.

“He/she shall expressly certify that from his/her personal knowledge of the candidate, the candidate possesses the qualities set out in Rule 4 (4)(i)(a)-(b) of these Rules; and, where applicable the qualities set out in Rule 4(4)(i)(d) and/or (e).”

Under Rule 4, serving and retired justices are also requested to give their opinions on the suitability of persons seeking to be appointed a judicial officer. It is not clear whether all retired justices support the appointment of lawyers directly to the Supreme Court and the Court of Appeal.

Rule 4 equally states: “Soon after the closing date for the receipt of applications and or nominations, the Chairman of the Judicial Service Commission/Committee concerned shall make a provisional shortlist on the merits consisting of not less than twice the number of judicial officers intended to be appointed at the particular time and circulate the provisional shortlist together with a request for comments on the suitability or otherwise of any of the shortlisted candidates, as follows:

• (i) Among all serving and retired Judicial Officers of the Court to which an appointment of a Judicial Officer, other than the Head of a Court, is proposed to be made;

•(ii) Among all serving and retired Heads of the relevant State or Federal Court, including retired Chief Justices of Nigeria and retired Presidents of the Court of Appeal, in the case of appointment of a Head of Court.”

Except the provisions of the NJC Guidelines are altered, the chances of lawyers becoming judicial officers at appellate courts, straight from the Bar, appear slim for now.

The Lagos State Domestic and Sexual Violence Agency, (DSVA) has opened the “Eko Haven”, a shelter for survivors of domestic violence. This is part of the State Government’s commitment in ensuring holistic support is provided for survivors of Sexual and Gender Based Violence.

Executive Secretary DSVA Titilola Vivour-Adeniyi at the opening yesterday revealed that the Shelter located in Ikorodu axis of Lagos, was a 30-bed space capacity to provide immediate shelter services to high-risk survivors of domestic violence.

She said opening the shelter was the State government’s prompt response to the burgeoning demand to ensuring preservation of life, safety, stability, empowerment and subsequently the reintegration of Survivors back into the society.

She said the shelter is hosted at a confidential location with on-site security precautions and a gated entry.

According to Vivour- Adeniyi, “the establishment of Eko Haven is in keeping with the DSVA’s statutory mandate of establishing shelters across all divisions of the State.

 With this intervention, it is our hope that survivors in abusive relationships would find the courage to break the culture of silence, speak up and speak out with the assurance that help is just a call away.

“Asides from providing accommodation, health, psychosocial support as well as livelihood support would also be integrated and made available for survivors through Eko Haven”.

“Our compassionate staff would offer comprehensive support to help survivors address their trauma through empowerment activities, personal and legal advocacy and in-house psychosocial support”.

She gave assurance that any victim or Survivor of domestic violence should realize that they are not alone and there is help accessible.

 “Please reach out to us on 08000 333 333 or at our office located at Nobel House, Plot A, Otunba Jobi Fele Way, Central Business District. Alausa”, she said.

Following years of clamour by lawyers for an improved, standardised remuneration structure, the Nigerian Bar Association (NBA) recently issued the Legal Practitioners Remuneration (for Business, Legal Service and Representation) Order 2023. In this piece, O.L. Udemezue highlights the salient provisions of the order.

There has been clamour for the Nigerian Bar Association (NBA) to take a decisive action to improve the welfare of lawyers, especially young lawyers. In a profession of laws, this action can only be effective when it is done through the instrumentality of the law. The long-awaited change to the regulations regarding the remuneration of lawyers became a reality with the coming into effect of the Legal Practitioners Remuneration (for Business, Legal Service and Representation) Order 2023.

15 things you need to know about this new innovative legislation

1. The Law came into effect on the 16th day of May 2023. Some are of the opinion that the new Rule will come into operation in January 2024. That position, however, is untenable given that the commencement date of the new Order as contained in the gazetted copy is the 16th day of May 2023.

2. The law revoked and replaced the Legal Practitioners (Remuneration for Legal Documentation and other Land Matters) Order 1991. (Paragraph 13)

3. The new legislation covers legal practitioners’ remuneration for business, legal services and legal representation unlike the revoked order of 1991 which covered only remuneration for legal documentation and other land matters.

4. The law contains 4 scales in the 1st schedule according to which a legal practitioner shall charge his legal fees as follows:

a. Consultations and Legal Opinions – Scale 1

b. Incorporation or registration of companies and business names – Scale 2

c. Litigation – Scale 3

d. Property transactions – Scale 4

e. The remuneration of a legal practitioner with respect to any commercial or other transaction or service not covered – Scale 5 (though the lawyer is entitled to charge a percentage-based fee)

(Paragraph 1)

(A simplified chart showing the minimum fees chargeable by lawyers with respect to legal businesses under the new Legal Practitioners Remuneration Order is provided hereunder)

5. Unless otherwise agreed by the parties, the fees contained in schedules does not include costs and disbursements. (Paragraph 3)

6. Every draft or copies of documents or instruments produced by the legal practitioner in course of his work belongs to the client. (Paragraph 4)

7. The legal practitioner may opt to charge based on the provisions of Paragraph 2 of the Order provided –

a. He communicates his decision to so charge in writing to the client; and

b. The remuneration is not lower than those contained in the relevant scales.

(Paragraph 5)

8. A legal practitioner may accept from his client security for his remuneration and may charge interest of 10 per cent on his disbursements and costs. (Paragraph 6)

9. A legal practitioner shall within 14 days from the date of instructions issue to the client written terms of engagement. (Paragraph 7)

10. Where the lawyer fails to issue written terms of engagement to the client and a dispute arises between the client and the lawyer relating to the legal practitioner’s fees, the provisions contained in the scales shall apply (Paragraph 7 sub-paragraph 4)

11. Fees chargeable on the scales provided the Legal Practitioners Remuneration Order 2023 are not negotiable! (Paragraph 8)

12. Where a lawyer intends to charge lower than the scales provided, he shall apply to the Bar Remuneration Committee for approval or refusal. (Paragraph 10)

13. The law recognises the right of lawyers to do pro bono legal services under the Legal Aid Act or for family members. (Paragraph 12)

14. Any lawyer doing pro bono service on grounds of consanguinity or affinity shall submit to the Remuneration Committee an affidavit disclosing the facts and circumstances justifying the pro bono work. (Paragraph 12 sub-paragraph 2)

15. The new Order divided Nigeria into State Bands with respect to Remuneration of legal practitioners as follows:

a. Band 3 – Lagos and FCT

b. Band 2 – Akwa Ibom, Bayelsa, Benue, Cross-River, Delta, Edo, Ekiti, Kwara, Kogi, Nassarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau and Rivers States.

c. Band 1 – Abia, Adamawa, Anambra, Bauchi, Borno, Ebonyi, Enugu, Gombe, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto, Taraba, Yobe and Zamfara States.

Why lawyers should immediately adhere strictly to the provisions of the new Order

1. It is the law.

2. The provisions of the new Order is binding on all legal practitioners immediately it came into effect on the 16th day of May 2023.

3. Breach of the provisions of the new Order is a professional misconduct. Lawyers are encouraged to report any breach of the new legislation to the Remuneration Committee. The Remuneration Committee shall investigate the reports and launch a report to the Legal Practitioners Disciplinary Committee if a case of infraction of the new Order is established. (Paragraph 11).

4. Any deviation from the provisions of Order shall be agreed upon by the lawyer and the client and shall be ‘in strict compliance with provisions of the Order’ (Paragraph 8 sub-paragraph 2).

The leadership of the Nigerian Bar Association must be commended for the efforts made to bring this new law in place. It is also a laudable feat that the new law covers most aspects of the service which a lawyer can render to a client. What is more, failure to adhere to the new law is a professional misconduct. The allegation has been rife in the past that some lawyers undercharge and reduce the earning capacity of their fellow lawyers and juniors by consistently charging ridiculously low rates for legal services. The question now is, who are the lawyers that would prefer to face a charge of misconduct because they don’t want to charge according to rules of their profession. We shall soon find out.

Ayoyinka Olajide-Awosedo is the Chairman of the 2023 Nigerian Bar Association Section on Business Law (NBA-SBL) Conference Planning Committee. Olajide-Awosedo, a member of the Chartered Institute of Arbitrators UK and the International Bar Association (IBA) shares her thoughts on how the conference plans to address pressing issues and challenges faced by businesses operating in the country, and how through it, lawyers can contribute to the growth and development of the country’s business landscape, ROBERT EGBE reports.

What inspired you to take on the role of the Conference Planning Committee Chair for this year’s NBA SBL Conference?

 I was nominated by the Council to be CPC Chair this year. I believe they were confident in my ability to take on the role given my involvement and contribution to the CPC over the years. It is a call to service, one that I am honoured to answer and a remarkable opportunity to contribute to the advancement of legal practice and make a lasting difference in shaping the future of business law in Nigeria. I appreciate the faith the Council has in my and that of the other members of the Conference Planning Committee’s ability to put on an impactful and world standard conference this year.

Can you share some insights into the theme, “The Nigerian Business Landscape: Priorities for Law, Policy, and Regulation,” and why it was chosen for this year’s conference?

 The theme, “The Nigerian Business Landscape: Priorities for Law, Policy, and Regulation,” was thoughtfully selected for this year’s NBA SBL Conference to address the pressing issues and challenges faced by businesses operating in Nigeria today. Particularly, as this is a transitional year for Nigeria, with the election of a new government, it is pertinent that we as business lawyers participate in setting an agenda for the new administration focused on transforming the Nigerian economy, retaining the wealth of talent we have in our country and making the Nigerian business environment attractive to investors. Law, policy, and regulation foster innovation, promote competition, protect stakeholders, and ensure stability in the business environment. When effectively designed and implemented, they create an environment conducive to economic growth and development. This is the very essence of the Section on Business Law and why it was set up – to support and promote best practices in business law that will enhance the business environment. The theme underscores our commitment to fostering a conducive environment for businesses to thrive, recognizing that law, policy, and regulation play pivotal roles in shaping the trajectory of the Nigerian business landscape.

What are the main objectives and goals you hope to achieve with this conference? 

 The NBA-SBL as an association of business lawyers has an objective to ensure that the business environment is stable and conducive for the conduct of business. We do this by promoting best practices and driving policy changes that ensure growth in the business environment. Our annual conferences are a culmination of this objective. The conferences foster dialogue, information and knowledge sharing among diverse stakeholders – legal professionals, policymakers, and industry leaders; generate insights and innovative thinking; and facilitate collaborations – such as that with the National Assembly Business Environment Roundtable (NASSBER) and the Presidential Enabling Business Environment Council (PEBEC) These contribute to sustainable economic growth, enhanced business practices, and a favourable legal framework. This is how we continue to set the agenda for government and policy makers. Additionally, the conferences provide invaluable networking opportunities that can forge meaningful connections, stimulate partnerships, and contribute to the growth and development of the Nigerian business ecosystem.

How has the planning process been so far, and what are some of the key challenges and successes you’ve encountered along the way?

 The planning process for the NBA SBL Conference has been both invigorating and with its fair share of challenges. It has been quite an interesting period for the CPC – we have been quite successful in curating a very engaging and diverse program and securing renowned sector experts.  One of the main challenges has been fundraising – it has been a tough year economically for Nigerians and understandably there are many things competing for the pockets of our sponsors but we are extremely grateful for the support we have received. Our sponsors and attendees see the value and the capacity that the NBA-SBL conferences offer and are willing to back us every year. We can’t ask for more than that. The members of the CPC are dedicated and resilient, and have an unwavering commitment to ensuring that we pull off an excellent conference this year.  It has been tough going at times but many great hands make light work.  We have received positive feedback so far in terms of registration numbers with almost 1000 people registered to attend physically. One very significant challenge that we have faced as a committee this year is the loss of Damola Awobokun who was one our most dedicated team members. She was a beautiful light and was very committed to the success of the conference and SBL as a whole. Her passing has been a huge blow to the Committee, however, she has inspired us to intensify our efforts in ensuring we deliver an impactful conference. 

Could you highlight some of the exciting sessions, panels, or keynote speakers that attendees can look forward to?

 Attendees can anticipate an array of stimulating sessions, thought-provoking panels, and esteemed speakers at the NBA SBL Conference. We have as our keynote speaker this year whose expertise speaks directly to the theme of the Conference – Mr. Shubham Chaudhuri, Country Director for Nigeria, World Bank – he is an economics expert with a focus on development economics.  There will be knowledge packed sessions led by thought leaders, policy makers, captains of industry and regulators discussing sector specific priorities that can aid in easing doing business in Nigeria. Our sessions encompass a wide range of topics that are crucial to the Nigerian business landscape. From transformative legislative and policy reforms to the future of financial services regulations, the impact of emerging technologies, and the role of public-private partnerships in bridging infrastructural gaps, harnessing the economic potentials of AfCFTA amongst others. Our young lawyers debate is also one not to be missed with discussions surrounding “the Future of Work”. The conference promises to deliver a wealth of knowledge and diverse perspectives from accomplished speakers across various sectors.

In what ways will this conference benefit participants, both in terms of knowledge and networking opportunities? 

The NBA SBL Conference offers participants a wealth of benefits, encompassing both knowledge and information acquisition and networking opportunities. By attending the conference, participants gain access to in-depth insights into the current business landscape, legal perspectives, and policy developments in Nigeria. Moreover, the event provides an exceptional platform for networking with industry leaders, experts, and potential collaborators. There are also social events every evening which provide a more relaxed and informal setting to engage in meaningful conversations and cultivate connections that extend beyond the conference walls. These connections can foster professional growth, strategic partnerships, and open doors to new opportunities in our dynamic business ecosystem.

How does the conference cater to the needs and interests of both lawyers and non-lawyers in the business sector? 

Our conferences are open to all participants in the business ecosystem. Legal and regulatory frameworks generally govern business activities, ensure the stability and integrity of markets and protect investors. The conference is a convergence of regulators, industry leaders, business professionals and lawyers, each one critical to the discussions we will be having around the conference theme. While lawyers will benefit from gaining legal perspectives and insights, non-lawyers have the unique opportunity to understand the legal aspects that significantly impact the Nigerian business landscape. By providing a holistic view of the business ecosystem, the conference ensures inclusivity and fosters interdisciplinary collaboration, creating an enriching experience for all attendees.

Are there any special events or activities planned to enhance participants’ experience?

 To enhance the overall conference experience, we have meticulously planned special events and activities that add value and create a vibrant atmosphere. Outside of the dedicated networking sessions, interactive workshops, and panel discussions featuring prominent speakers and industry leaders, there will be opening ceremony and dinner where we will hear from Mr. Chaudhuri, the keynote speaker, who will share his insight and perspective on how best to drive sustainable growth and economic development in Nigeria. We will be running a regulatory clinic on the sidelines of the conference to assist attendees with any issues they may have with their processes or applications with the Regulators. Additionally, this year, on a lighter note, we are putting on a Lawyers Got Talent competition which is open to all lawyers registered to attend the conference to showcase their creative talents. The finalists will perform live during the conference and attendees will have a chance to vote for their favourites – it promises to be an exciting night.  For our young lawyers, as we have done in the past years, the NBA-SBL is sponsoring 25 young lawyers on scholarship which covers the cost of conference registration and hotel accommodation for the duration of the conference.  

Can you share any success stories or memorable moments from previous conferences that demonstrate the impact and value they bring to participants?

 Previous conferences have been replete with success stories and memorable moments, showcasing the profound impact and value they bring to participants. Attendees have shared inspiring accounts of gaining invaluable knowledge, expanding their professional networks, and forging strategic partnerships. In the last few years, we have seen business-focused reforms carried out by the Presidential Enabling Business Environment Council (PEBEC) in collaboration with NASSBER and the private sector, through the NBA Section on Business Law.  These collaborations have impacted positively the Nigerian business environment. It is important to note that several of these reforms were direct fall-outs from engagements at our Annual Business Law Conferences. Some of these developments include the Companies and Allied Matters Act 2020, the Business Facilitation Act (BFA) 2022 and the recent Finance Act 2023, whose amendments are designed to advance key macroeconomic objectives and improved taxation strategies for businesses. Indeed, some of these reforms (by way of policies and regulations) have enabled thousands of micro, small and medium-sized enterprises (MSMEs).

What sets this year’s conference apart from previous editions? Any new features or additions that attendees can expect?

 This year’s NBA SBL Conference stands out through its unwavering commitment to relevance and addressing the evolving needs of the business and legal community. Specifically, our Regulatory clinic which was introduced at last year’s conference and focused on the CAC was a resounding success and we have expanded it this year to include other regulators such as the Patent Office and Trademarks registry, the EFCC to aid in SCUML applications, and the Federal Competition and Consumer Protection Commission. We will also have an Exhibitions showcase featuring businesses which provide support services to lawyers and the business community as a whole. This year, with the emergence and impact of technology, there will be a special tech hub to showcase cutting edge innovative products and services. We have two regulator-led lunchtime sessions which will focus on recent regulations and how best businesses can implement.

  How do you envision the conference contributing to the growth and development of the Nigerian business landscape?

 The NBA SBL Conferences will continue playing a pivotal role in the growth and development of the Nigerian business landscape. By bringing together legal professionals, policymakers, and industry leaders, the conference serves as a catalyst for collaboration, idea generation, and the formulation of effective strategies. The dialogue and insights generated during the conference have shaped policies and will continue to drive economic growth, and foster a favourable business environment that nurtures innovation, entrepreneurship, and sustainable development in Nigeria. Our post conference communiqué will be shared with relevant stakeholders with the hopes of developing impactful policy as we have done in the past.

Can you speak to the importance of collaboration and partnerships in organising a conference like this?

 Collaboration and partnerships are of paramount importance in organising a successful conference like the NBA-SBL Conference. By actively engaging with industry associations, government bodies, academic institutions, and other stakeholders, we tap into a wealth of expertise, resources, and networks. These collaborations enable us to curate a comprehensive and diverse program, secure renowned speakers, and ensure the conference’s relevance and impact. On a granular level, the CPC itself is a collaboration of NBA-SBL members. The collective effort of multiple stakeholders working in synergy leads to a truly enriching experience for all participants.

What advice would you give to attendees to make the most of their experience?

 I would advise attendees to actively participate in the sessions, ask thought-provoking questions, and engage in meaningful discussions with fellow participants. Networking is key, so I encourage attendees to take advantage of the networking sessions and connect with industry leaders, experts, and potential collaborators. Additionally, I urge attendees to explore the interactive workshops and panel discussions, as they offer practical insights and actionable takeaways that can be implemented in their professional endeavours. Finally, unwind with other attendees at the social events.

Looking ahead, how do you envision the future of the conference and its impact on the business and legal community?

The NBA SBL Conference is a transformative platform that will continue to shape the business and legal community in Nigeria. The conference has evolved to address emerging challenges, explore cutting-edge topics, and foster collaboration to drive meaningful change. By providing a forum for knowledge and information sharing, networking, and strategic partnerships, the NBA-SBL Conference will continue to play an instrumental role in shaping the future of the Nigerian business landscape, driving economic growth, and propelling the legal profession forward.

The Chief Judge of Rivers State, Justice Simeon Amadi has asked lawyers to continuously support the Nigerian Bar Association (NBA) to aid its efforts at promoting the rule of law and the group’s activities.

Amadi spoke at the weekend at Isiokpo, a town in Ikwerre Local Government Area of Rivers State, while declaring open the newly built “NBA Isiokpo Bar Centre,” donated by an indigene of the community, Dr Joseph Nwobike (SAN).

The Chief Judge observed that the donor is the first lawyer in the state to build and donate a secretariat for the NBA and urged lawyers to always find ways to help the association and aid young lawyers to grow professionally.

Nwobike gave an insight into what informed his decision to build the centre and plegde to do more to alleviate the plight of lawyers in his community and enhance their practice.

He said: “On the 22nd day of August 2022, Stephen Alu, Esq., led some members of the IhieIsiokpo, an association of Isiokpo born lawyers, and some other members of the NBA Isiokpo branch to my chambers in Ikoyi, Lagos, for a courtesy call.

“One of the lawyers in that delegation was Mr. Simple Dioha of the NBA Isiokpo branch. In the course of our discussions around the activities and challenges facing the NBA Isiokpo branch, Mr. Dioha spoke passionately about the problem of office accommodation confronting the branch since its creation by the O. C. J. Okocha, SAN, OFR led NBA National Executive Committee, in 2002.

“He, together with others who attended the meeting, sought for my support to enable the Branch
commence the process of acquiring its secretariat for better and efficient discharge of the Branch’s mandate.

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“I accepted to support the branch in that respect and immediately directed Stephen Alu, Esq., to source for land in Isiokpo town for that purpose.

“I purchased the land and, on the 22nd of September, 2022, handed over the ownership of the two plots of land to the branch at a ceremony attended by the Executives and members of the branch.

“At that event, the branch Chairman, Dr. Cashmia Ofurum, in his address, pleaded for my assistance in their quest to construct a befitting secretariat for the branch.

“Following this plea, I announced my decision to build and deliver a befitting secretariat on that land to the branch within the shortest possible time.

“What we are gathered here today, being the 23 of June, 2023, is the highpoint of that unconditional commitment made by my humble self to the NBA Isiokpo Branch on that day.

“This project, I must confess, is one of my little ways of giving back to the profession from which I have derived so much.

In all, I want to thank God for providing the means, grace and divine understanding which clearly enabled the completion of this project within this time.

“I also proceed to thank the members and executives of the Branch for naming this secretariat after my humble self. My family and I are indeed humbled by this gesture,” Nwobike said.

“In his remarks, Ofurum thanked the donor for providing the magnificent edifice to the branch.