Category: Law

In this piece, Lagos lawyer Kingsley Ibe examines the fundamental problems with the pre-action protocol requirements in Lagos State high courts.

Introduction

Order 5 Rule 1(2) and 5(3) of the Lagos State High Court (Civil Procedure) Rules 2019 (“the Rules”) list the documents that must accompany a writ of summons or originating summons. Failure to accompany a writ of summons or originating summons with the documents listed in the provision above nullifies the action- See generally Order 5 Rule 1(3) and 5(4) and Order 7 Rule 1(1) of the Rules.

One of such compulsory accompaniment of a writ of summons or originating summons is the pre-action protocol Form 01 with “necessary documents”. It, therefore, follows that an action commenced by writ of summons or originating summons without an accompanying pre-action protocol Form 01 with “necessary documents” is a nullity.

A prototype of the statement of compliance with pre-action protocol is annexed to the Rules as Form 01. However, the reference to “pre-action protocol Form 01 with necessary documents” suggests that Form 01 ought to be accompanied by some other documents. Those other documents together with Form 01 form the “Pre-Action Protocol Bundle” (PAPB) as explained in the High Court of Lagos State (Pre-Action Protocol) Practice Direction No. 2 of 2019 (“PD No. 2”).

Pre-action protocol requirements 

The requirements of the pre-action protocol are extensively provided for in the PD No. 2. Under the PD No. 2, there is a General Pre-action Protocol (“GPP”). However, there are also claim-specific pre-action protocols that apply to the following subjects: defamation, mortgages, land matters, recovery of debts and recovery of premises.

According to paragraph 2 of the preamble to the GPP, the GPP applies to all actions instituted at the High Court of Lagos State, and where claim-specific pre-action protocols exist, it applies collaboratively with the claim-specific pre-action protocol. But where the GPP conflicts with a claim-specific pre-action protocol, the claim-specific pre-action protocol will take precedence. This discourse focuses largely on the GPP.

According to paragraph 3 of the preamble to the GPP, before the commencement of proceedings, the Court expects parties to have engaged in pre-trial correspondence sufficient to –

(a) understand each other’s position;

(b) make decisions about how to proceed;

(c) try to settle the issues;

(d) consider a form of Alternative Dispute Resolution (ADR);

(e) support the efficient management of those proceedings;

(f) reduce the cost of and delay in resolving disputes.

The above may well pass as the essence of the requirements of pre-action protocol and objective of the PD No. 2.

What are these pre-action protocol requirements? The GPP provisions of the PD No. 2 may be summarised as follows:

1. Any person who wishes to make a claim (that is, an intending claimant), against another (the potential defendant), must, prior to commencing the action, prepare and deliver to the potential defendant a memorandum of claim, setting out concise details of the claims, the basis of the claim, a summary of the facts, the reliefs sought (which if monetary, must show how the amount is calculated). The memorandum of claim shall be accompanied by exhibits in support of the claims and a proposal for settlement through ADR.
2. The potential defendant shall within seven (7) days of service of the memorandum of claim, serve on the intending claimant his responses to the memorandum of claim and the proposal for settlement.
3. Where the potential defendant fails to respond to the memorandum of claim, the intending claimant shall send a reminder to the potential defendant, giving him additional seven days (7) days to respond, failing which the intending claimant shall proceed to file an affidavit of his failure to participate in settlement talks.
4. In the case where the potential defendant responded to the memorandum of claim, the intending claimant shall take an objective view on the dispute and attempt an out-of-court settlement of the dispute. But where the parties are unable to settle, evidence of attempts at settlement must be adduced before they will proceed to litigation as a last resort.
5. The parties will thereafter deliver an agreed list of issues for determination to the court. Counsel for each party will deliver a statement on oath stating the reasons for his insistence on litigation rather and out-of-court settlement.
6. All the correspondence and documents filed in pursuance of the above together with Form 01 will be contained in the PAPB.

Consequences of non-compliance

The GPP provides that when a party has not complied with the provisions of the GPP or not acted within the time limit set out in a relevant protocol or unreasonably refused to submit to ADR or failed to comply with an order or directive of a Judge or the Chief Judge, then the following sanctions will apply:

1. The originating processes with supporting documents shall not be accepted for filing at the registry.
2. Where a respondent fails to file a response as required by the GPP, or unreasonably refused to submit to ADR, the claimant may proceed to litigation by filing the originating processes together with the accompanying documents and the PAPB and obtain judgment against the respondent.
3. Failure to comply with an order of the judge will amount to contempt of court.

The GPP further provides that-

1. Where the parties fail to comply with the time stipulations in the GPP or any claim specific pre-action protocol, it shall not affect the validity of the documents filed, rather, it shall attract a daily default fee of N1,000 (one thousand Naira) in favour of the counter-party, and the sum shall be deducted from or added to the money reliefs awarded in the final judgment provided that a counter-party, may in the interest of settlement, waive the applicability of the default fees.
2. Where a party unreasonably or disproportionately fails or refuses to comply with the settlement procedure under the GPP, or a directive of court referring parties to ADR but insists on proceeding to trial, the court shall impose cost of a minimum of N100,000.00 (one hundred thousand Naira) which shall be deducted from or added to monetary reliefs in the final judgment or alternatively apply the provisions of Order 53 Rule 2 of the Rules.

Order 53 Rule 2 of the Rules provides that where an offer of settlement made in relation to the pre-action protocol or in the course of case management or ADR is rejected by a party and the said party eventually succeeds at trial but the award is not in excess of the offer of settlement earlier made, the winning party shall pay the costs of the losing party from the time of the offer of settlement up to judgment.

The consequences of non-compliance as highlighted above may be juxtaposed with the provisions of Order 5 Rule 1(2) and 5(3) of the Rules. Clearly, the GPP does not render an action incompetent for non-compliance. The implication is that failure to accompany an originating process with a Pre-Action Protocol Form 01 and the PAPB renders an action incompetent in accordance with the Rules. However, accompanying such originating process with a defective PAPB does not render the action incompetent, rather, the defaulting party will be caught by the consequences of non-compliance under the GPP. In Spog Petrochemicals Ltd. v. P.P.L. Ltd (2018) 1 NWLR (2018) 1 NWLR (Pt. 1600) 321, the court held that a defective Form 01 cannot render the entire action a nullity, as the Court can permit same to be used despite the defect, given that the Form 01 is in form of an affidavit.

A notable issue arising out of the consequences of non-compliance as stated under the GPP is that the originating processes shall not be accepted for filing at the registry. The case of Spog Petrochemicals Ltd. v. P.P.L. Ltd (supra) gives the court the discretion to accept or reject a defective Form 01. However, it appears that the GPP has now given the officials of the court registry the power to determine the competence or otherwise of a Form 01 and the PAPB and reject same for filing. Where such originating process is rejected at the registry, the court is denied the power to exercise its discretion in line with Spog Petrochemicals Ltd. v. P.P.L. Ltd (supra). This raises constitutional questions as to whether the GPP ousts the jurisdiction of the court with respect to the exercise of discretion to accept a defective Form 01 and vests the power in the registry.

Pre-Action Protocol requirements and applications for pre-emptive remedies 

It is not out of place for a claimant to file alongside the originating processes, an application for an injunctive remedy pending the happening of an event, such as the determination of the suit. Such application may be an ex parte motion for injunctive relief.

Order 43 Rule 3(2) of the Rules demands that an ex parte motion for injunctive relief must be filed alongside the motion on notice. The usual practice is that when a claimant commences an action and simultaneously files an ex parte motion for injunctive relief with an affidavit of urgency, he need not serve the originating processes on the defendant immediately, rather, the ex parte motion is expeditiously determined, and if granted, he will then proceed to serve the defendant with the order of court, the originating processes, and the motion on notice. The defendant may thereafter take steps to set aside the interim order or challenge the motion on notice.

The reason behind the practice is to prevent serious mischief or forestall irreparable damage which may occur if the defendant becomes aware of the suit prior to the making of the order of court. For instance, a claimant, apprehensive that the defendant may dissipate or alienate the assets which form the subject matter of the suit, may file alongside the originating processes an ex parte motion for mareva injunction. If the defendant becomes aware of the suit prior to the grant of the order for mareva injunction, he may proceed to dissipate or alienate the assets, leaving the claim with an empty and enforceable order/judgment when the motion/suit is finally heard and granted. Thus, it is wise for the claimant not to serve any process on the defendant until the ex parte motion is determined.

However, this practice is adversely affected by the requirements of the GPP. The mere service of a memorandum of claim in accordance with the GPP is suggestive to a potential defendant that a suit is imminent. Such potential defendant may then take steps to cause serious mischief such as dissipation of the asset, such that by the time the parties fully comply with the requirements of the GPP, the mischief would have been done and it would be futile to grant an injunctive relief in the circumstance.

To carter for the above scenario, the GPP provides for pre-emptive remedies. It provides as follows:

1. Where in the interest of justice or to prevent irreparable damage or serious mischief, there is a need for pre-emptive remedies to be ordered by the court, the affected party must file either the memorandum of claim with its accompanying documents and the memorandum of settlement, in the case of a claimant or the response to the memorandum of claim with its accompanying documents in the case of a respondent, together with an ex parteoriginating application for the pre-emptive remedy sought supported by an affidavit and a written address in the Registry.
2. After the remedy is either granted or refused by the court, the Judge will order the parties to continue with full compliance of the Protocol.
3. Where an order of injunction is granted ex parteand parties are unable to settle before the order abates, the Judge may extend its life span until compliance with the Protocol is complete.

It must be noted that the pre-emptive remedy procedure above did not mention that the memorandum of claim should be served on or delivered to the defendant; rather it provides that it should be filed together with an ex parte originating application. The implication is that a claimant need not comply with the requirements of pre-action protocol until the ex parte originating application is determined. The procedure, therefore, allays the fear that the defendant upon becoming aware of the imminent suit by the service of a memorandum of claim may take steps to cause serious mischief.

The pre-emptive remedy procedure may come under serious criticisms, some of which are highlighted below:

Undue advantage:The basic objective of the GPP is to foster amicable resolution of disputes through ADR with litigation as a last resort. If the court grants a party an ex parte order prior to the commencement of settlement talks, it may appear to give one party an advantage over the other. The person in whose favour the order is made assumes a somewhat higher bargaining power and this may hamper negotiation. It is akin to a party negotiating with a gun pointed to his head. Given that the parties do not have a level playing field, it may be difficult to achieve the objective of the GPP which is the amicable resolution of disputes.

1. Change of facts:

The pre-emptive remedies procedure does not contemplate service of the memorandum of claim on the potential defendant. Rather, it requires that the memorandum of claim and its accompanying documents be filed in court together with the ex parte originating application. It follows that the memorandum of claim and the accompanying documents form part of the records and documents to be considered by the court in the determination of the ex parte originating application. It follows that the same memorandum of claim filed in court should be what is eventually served on the defendant after the ex parte order is granted because it is judicially absurd that a document different from that which was submitted to and considered by the court in making the order is served on the defendant after the order is obtained.

But change in facts and circumstances may necessitate the service on the defendant of a memorandum of claim different from that which was originally filed in court. For example, where after the grant of the order, genuine circumstances arise which necessitate the alteration of the reliefs sought by the claimant or the inclusion or exclusion of facts in the memorandum of the claim. If this is permissible without leave of court, then it is of no essence to have filed the memorandum of claim.

1. Finality:

It appears that the order made by the court under the pre-emptive remedies procedure of the GPP is a final order in the sense that it finally dispenses with         the issues submitted under the ex parte originating application, leaving the respondent with the option of setting aside the order or commencing an appeal in deserving circumstances. If the order is actually final, the effect is that the court would have determined a suit without hearing the other party against the principle of fair hearing. Furthermore, the court would have become functus officio and have no power to further act pursuant to the suit.

It may be argued that the fact that an order made pursuant to the ex parte originating motion under the pre-emptive remedies procedure abates after seven days unless otherwise extended by the Judge, is a pointer to the fact that the order is not intended to be final. Assuming it is not intended that the ex parte order be final, the pre-emptive remedies procedure does not provide for what becomes of the fate of the suit after the parties comply with the GPP bearing in mind that the writ of summons or originating summons that may be filed by the claimant is a distinct originating process from the ex parte originating application and will have distinct suit numbers and may be assigned to a different Judge. Will the claimant have to file a fresh writ of summons or originating summons after parties have complied with the GPP or will the parties proceed with the suit commenced under an ex parte originating application? The pre-emptive remedies procedure does not answer these questions, and to this extent may be said to be deficient.

1. Duration of the order:

Ordinarily, an ex parte motion for an interim injunctive relief is made pending the determination of the motion on notice, while the motion on notice for interlocutory injunction is made pending the determination of the suit. However, the pre-emptive remedy procedure under the GPP is suggestive that the maximum life span of the ex parte order is hinged on the time of complete compliance with the GPP. It does not provided for a pre-emptive remedy pending the determination of the suit, although it may be argued that nothing in the GPP prevents a party from bringing a motion on notice for injunctive relief pending the determination of the suit after compliance with the GPP.

Conclusion

The foregoing shows that despite the good intendments of the PD No. 2, the provisions of the GPP particularly, the pre-emptive remedies procedure still raises questions begging for answers. Most of these questions as highlighted in the criticism above are so fundamental that they cannot be overlooked. For instance, the finality or otherwise of the ex parte order made by the court pursuant to an ex parte originating application raises constitutional issues. As at present, the provisions of the PD No. 2, particularly the pre-emptive remedies procedure under the GPP have not been tested in court. It is hoped that the first judicial intervention on these issues will address these questions if there is no intervention by the Chief Judge of Lagos State by way of an amendment or issuance of other practice directions.

• Kingsley Ibe is a Lagos-based Legal Practitioner, and practices in the law firm of Babalakin and Co. He can be reached via email at kingsleyibe94@gmail.com or kibe@babalakinandco.com.

Most commentaries on air travel border on the safety of airlines, while the rights of passengers are ignored. In this piece, Lagos lawyer Ebunoluwa Jegede seeks to bring to the fore some passenger rights.

Most commentaries on air travel border on the safety of airlines, while the rights of passengers are ignored. In this piece, Ebunoluwa Jegede seeks to bring to the fore some passenger rights.

According to the Nigerian Civil Aviation Authority (NCAA) Executive Summary on International and Domestic Flights Reports, 59, 818 flights operated in Nigeria in 2018. Of the said 59,818 flights, 36, 350 were delayed and 544 were cancelled. By these statistics, 60 percent of flights that operated in 2018 were said to have been delayed. In 2019, the NCAA recorded the operation of 65,401 flights, of which 37, 510 (approximately 57%) were delayed and 356 were cancelled.

Despite the foregoing statistics, the conduct of airlines has not been satisfactorily questioned/criticised. This may be attributed to poor consumer education. Consequently, the enlightenment of passengers on their rights becomes necessary.

The rights of passengers may be derived from the contract with the airline or existing laws. In terms of laws/regulations/conventions, the following are relevant:

1. Civil Aviation Act 2006 (CAA)
2. Nigerian Civil Aviation Authority Regulations (NCAA Regulations)

iii. Federal Competition and Consumer Protection Act (FCCPA)

1. The Montreal Convention of 1999 (ratified by the CAA)
2. The Warsaw Convention 1929

While the CAA provides generally for the control and supervision of the aviation sector and the FCCPA generally for the rights of consumers, the NCAA Regulations and the Montreal Convention provide for, with more specificity, the rights of passengers. Further to this, some of these rights are highlighted below.

• Every passenger has a right to be informed of the reason for a delay within 30 minutes after departure time. Where the delay lasts for two hours, the passenger is entitled to refreshment and where delay lasts for three hours, the passenger is entitled to a reimbursement. A passenger is also entitled to transport and hotel accommodation where delay falls between 10:00 pm and 4:00 am. (See Regulation 19.6 of the NCAA Regulations)
• A passenger is entitled to compensation by an airline where there is a cancelled flight, unless the said passenger is informed of the cancellation at least 24 hours before the scheduled departure time. (See Regulation 19.7 of the NCCA Regulations)
• Where an airline places a passenger in a class lower than that for which the ticket was purchased, the said passenger is entitled to a reimbursement within 30 days from the date of travel. The airline is also required to make an additional payment of 30 percent and 50percent of the price of the ticket for domestic and international flights respectively. (See Regulation 19.11 of the NCAA Regulations)
• A passenger is entitled to immediate monetary compensation by the airline in the event of a baggage delay, as well as the carriage of the said delayed baggage in the next available flight. (See Regulation 19.17 of the NCAA Regulations)

While the foregoing rights exist, airlines are mandated to place a notice stating clearly: “If you are denied boarding or if your flight is cancelled or delayed for at least one hour, ask the airline officials for a written statement of your rights, particularly with regard to compensation and assistance” at check-in points. Also, in instances where a passenger is entitled to compensation under the NCAA regulations, the passenger is entitled to at least 25 percent and 30 percent of the price of the ticket in the case of domestic and international flights respectively. (See Regulations 19.16 and 19.8 of the NCAA Regulations)

Where there is a right, there is a remedy. Thus, rights that exist under the NCAA Regulations, the FCCPA and the relevant conventions are enforceable and could give room for compensatory/restorative orders or punitive orders. A passenger’s right may be enforced by either submitting a complaint to the Customer Affairs Unit of the NCAA or filing an action in court. However, it is important to note that under the CAA, an action for breach has to be instituted within two years of its occurrence.

While the safety of air travel remains crucial and should never be undermined, it is imperative to note that every developed society creates and recognises rights which go beyond issues of life, health and safety. Consequently, it is vital that the Federal Competition and Consumer Protection Commission (FCCPC) and the NCAA take a more encompassing approach in ensuring consumer protection and awareness in the aviation sector, such that more attention is paid to other rights, including those discussed above.

• Ebunoluwa Jegede is an Associate at the Lagos based law firm, Esher & Makarios.

In the light of growing preference for arbitration as a means of resolving commercial disputes across the globe, Alice Lawrence reviews the challenges of enforcing international Arbitral Awards in Nigeria.

• Continued from last week

Nigeria acceded to this Convention in 1970, declaring that it would apply the Convention to enforcement of Awards made in states party to the convention and where the relationships of the parties would be considered commercial under the laws of the Federal Republic of Nigeria.

In effect, awards emanating from states not party to the New York Convention may not be enforced under Section 54 of the Act, and Awards so emanating from such states may only be enforced if the relationships between the parties would have been considered a commercial relationship in accordance with Nigerian Law.

An award that fails to satisfy criteria set forth by Section 51 of the Act may however be enforced under Section 51.  One benefit to enforcement under Section 54 is that the costs of enforcement under the New York Convention are required to be the same with enforcement of Domestic Arbitration Awards. The technical requirements of the Application for recognition and enforcement of the Award (with regard to manner of application and accompanying documents to be presented to the Court) are identical to Section 51.

Enforcement of International Arbitration Awards under the Foreign Judgments (Reciprocal Enforcements) Act

The Foreign Judgments (Reciprocal Enforcements) Act is an act of the National Assembly of Nigeria; so is the Arbitration and Conciliation Act.

None of the provisions of these Acts are made subject to the other, so where they make provisions on the same subject matter of enforcement of Arbitration Awards, they offer alternative means of securing the same objectives, each as valid at law as the other.

The objective of the Foreign Judgments (Reciprocal Enforcements) Act is to make provisions for the enforcement in Nigeria of Judgments given in foreign countries which accord reciprocal treatment to Judgments given in Nigeria. Section 2 of the aforesaid Act interprets Judgment to which the Act applies to include “..an award in proceedings in an arbitration if the award has in pursuance of the law in place where it was made become enforceable in the same manner as a judgment given by a Court in that place…”

However, only judgments of the Superior Courts of the country making the judgment may be enforced in Nigeria under this Act. By the combined effect of Section 2 and Section 3(2), awards to be enforced in Nigeria under this Act must have become enforceable by the Superior Court of the Country where the award was made in order to be enforced under this Act.

It would therefore appear that where, by the Laws of the Venue of arbitration, the award is entitled to be enforced as a Judgment of the court of that country, without further registration as a Judgment of the court of that country, such an Award would be enforceable in Nigeria upon satisfaction of the rules of Court in Nigeria prescribing what matters the application for enforcement is required to satisfy under Section 5 of this Act.

However, where the Award would have been required to be registered as a Judgment under the laws of the Venue, in order to become enforceable as a Judgment of the court of the country of Venue of Arbitration, the Award would have to be registered in that country before being registered (not as an Award, but now as a Judgment of that Foreign Court) in Nigeria for purposes of enforcement (in effect, Registration has to be effected in the Court of that foreign country to make the Award enforceable as a Judgment, before application to enforce would commence in Nigeria).

It is worthy of note that the provisions of this Act under consideration specify Venue of Arbitration and not Seat of Arbitration as the determining factor in evaluating Arbitral Awards. This shall be further considered in subsequent chapters of this essay.

An Award to be enforced under this Act shall be enforced further to application made to the High Court or Federal High Court of Nigeria (and to no other Court as the interpretation section of the Act under consideration defines Court to mean these two Courts, and does not mention the National Industrial Court which was not in existence at the time).

The fact that the Nigerian Court would have been precluded from making such a judgment on particular terms or subject matter in an action commenced before said Court is not a bar to enforcing such terms in a foreign award or judgment.

Generally, the application to enforce the award would be accompanied by a Certified Copy of the Award, a Certified Copy of the Order of the Court entitling the Award to enforcement in the Venue of the Award (where applicable), and a statement that the Award/Judgment was wholly or partially unsatisfied.

A registered judgment may be set aside or registration refused under Section 6 of this Act where the party against whom the judgment is sought to be enforced can satisfy the Court that:

1. The Judgment emanates from a country where the Minister of Justice (Nigeria) has made an order refusing enforcement arrangements to that country.
2. That the Judgment was registered contrary to the provisions of the Foreign Judgment (Reciprocal Enforcements) Act.

iii. That the court of the country of Original Venue had no jurisdiction in the circumstances of the case.

1. That the party against whom enforcement is sought was not sufficiently notified of the proceedings in order to afford him opportunity to present his case.
2. That the Judgment was obtained by fraud.
3. That the enforcement of the Judgment would be contrary to public policy in Nigeria.

vii. That the rights under the Judgment do not vest in the party seeking to enforce the judgment.

An Order of Court made under these provisions to enforce or refusing to enforce an award, may be appealed to the Court of Appeal and thence to the Supreme Court of Nigeria.

2.2.1 Enforcement of International Arbitration Awards under the International Center for Settlement of Investment Disputes (Enforcement of Awards) Act Nigeria is a signatory to the 1965 Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States (also known as the ICSID Convention or the ‘Washington Convention’.

Domestic provisions to give effect to Awards pursuant to the Convention are provided in the International Center for Settlement of Investment Disputes (Enforcement of Awards) Act. Section 6, Article 53 of the Convention provides that Awards shall be binding on the parties and shall not be subject to appeal or review save as provided by the Convention. Article 54 (1) obliges the contracting state to recognise the award as a final judgment of that country enforceable in that country.

Section 1 of the International Center for Settlement of Investment Disputes (Enforcement of Awards) Act provides that copies of awards certified by the ICSID Secretary General to be enforced in Nigeria shall be registered administratively in the Supreme Court of Nigeria and upon registration shall be enforced as a Judgment of the Supreme

Court of Nigeria. Upon registration, the Award is not subject to appeal or review, and the registration by the Supreme Court is also not subject to any review.

Problems With Enforcement of International Arbitral Award In Nigeria

Where a Judgment Debtor fails to comply with the terms of an Award against him, the victorious party engages the machinery of state to enforce the Award. However, this is often where the promise of arbitration fails, as the speed and relative lack of technicality or arbitration runs into technical quagmires in the enforcement of Awards.

The problems with enforcement of Arbitration Awards in Nigeria will be discussed under the following headings:

1. Delay
2. Undue and Inconsistent Technicalities
3. Legislative Inaction
4. Lack of Training in Arbitration

This chapter is an attempt to examine these problems and reflect on the present state of affairs in Nigeria and suggest solutions in the next chapter.

Suggested Reforms and Solutions to Problems With  Enforcement of Arbitral Award in Nigeria

In the preceding chapter, we examined some of the problems encountered in the process of Enforcement of Arbitral Awards in Nigeria. This chapter is dedicated to suggesting reforms and solutions.

4.1.  Granting Special Classification to Arbitration Assistance Despite the delay of actions in the courts, some applications are given accelerated hearing by virtue of the Rules of Court and legislative instrument. Examples are Fundamental Rights Proceedings and Maritime Claims. Some proceedings are assigned to special courts (for example Juvenile Courts to handle Family Law issues arising from the Child Rights Act). These actions are heard on fast track, delays are met with punitive action and judgment is quickly rendered.

At present, Arbitration Assistance by the courts does not have such classification, and arbitrations in need of Judicial Assistance get bogged down in intractable delays. There is no clear procedure for the Arbitration Assistance contemplated by the Arbitration and Conciliation Act.

It suggested that Arbitration Proceedings generally be classified as special accelerated proceedings. This classification would provide the judicial impetus to effectively discourage delay by the parties, grant judges power to impose stiff fines for tardiness, and effectively fast track the process of Arbitration generally.

It is also suggested that the saving provisions of the Supreme Court Act and the Court of Appeal Act allowing the decisions of a Justice to be read in his absence by his brother Judges could be extended by legislative instrument to apply to actions concerned with Arbitration assistance and enforcement of Awards.

4.2.    Enactment of Specialised Rules of Court for Arbitration.

As has been stated earlier in this work, there are no unified specialist rules in relation to Applications to enforce or set aside Arbitration Awards.There are also no specialist rules for Arbitration Assistance applicable throughout Nigeria.

It is submitted that Specialist Rules in this regard would be a welcome development to streamline and standardise the manner and technical requirements of application to enforce or set aside Arbitration Awards, and also deal with the technical issues of Judicial Assistance to the Arbitration process. The benefits of this are to create a uniform standard across the Courts, and clarify expectations to applicants and to Judges. With a uniform set of rules, training Judges and legal counsel would also be an easier task. The decisions of the Appellate Courts could also be streamlined to avoid confusion.

The specialised rules could also expedite hearing by specifying timelines and fines for delay, leading to quicker outcomes.

4.3. Restricting Appeals Process

In the preceding chapter we identified the appeal process as a factor working against the enforcement of awards in Nigeria. Appeals take too long to conclude due to the congestion of the appeal system, with appeals on every technicality and orders to stay proceedings keeping proceedings in stasis for years.

It is suggested that constitutional amendments are in order (as the right of appeal is governed by the Constitution of the Federal Republic) as follows:

1. The Right of Appeal to the Federal Court of Appeal after an Award is refused or granted recognition should be preserved, with the Court of Appeal as the final appellate court for such proceedings. This would require constitutional amendments.
2. That the right to appeal arising out of enforcement proceedings should be limited to appeal against the final decision of the High Court; interlocutory orders may only be appealed after the final order is granted, where the appellant has to demonstrate that the interlocutory order occasioned a miscarriage of justice in the final order.

iii. Appeals against such orders made by the High Court must be filed within fourteen days (presently an aggrieved party has three months to file an appeal).

Other reforms suggested (which only require amendment to rules of Court) include:

1. Appeals in regard of enforcement of Award once struck out may not be relisted.
2. Appeals must be heard and determined within ninety days of filing the Appeal.
3. Stiff penalties and costs should be recovered from the losing party where the Appeal is adjudged frivolous.

Concluding Remarks

If Nigeria is to realise its potential as the investment capital of Africa, changes need to be made to the legal framework for enforcement of International Arbitration Awards to avoid the frustration of the commercial intention of the parties in making their investments and undertaking business relations. As the government seeks to diversify the economy and move away from an addiction to oil revenues at the expense of other sectors of the economy, access to enforcement of Awards is a key cog in the economic machine that we hope should be roaring out of the West African coast over the course of the next decade.

• Concluded

• Lawrence, a Port Harcourt-based legal practitioner, is a Fellow, the Institute of Chartered Arbitrators (U.K.) and Institute of Chartered Mediators and Conciliators (FICMC).

By Adebisi Onanuga

The Directorate of Public Prosecutions (DPP) of Lagos State of Ministry of Justice has reiterated the importance of witnesses to court proceedings.

It stated this during the sensitisation for the residents of Bariga Local Council Development Area (LCDA).

The move is part of the efforts to ensure speedy dispensation of criminal justice in the state.

The Deputy Director, Directorate of Public Prosecutions, Ms. Adetutu Oshinusi, assured the residents of the government’s  support for witnesses through the Witness Support Unit.

Ms. Oshinusi said the Witness Support Unit was established under the Directorate of Public Prosecutions a few years ago to  provide support to victims of crime and to ensure their protection from external forces.

She said the lackadaisical attitudes of residents towards crimes committed around them had led to  upsurge in  crime.

“We are all guilty of the increased rate of crimes in our community and state on daily basis as we turn deaf ears to things happening around us as a result of fear,” she said.

The Director, however, urged the residents to be courageous in reporting crimes to the Police to ensure that  appropriate punishment was meted out under the law, is given to perpetrators of such crimes.

On the safety of witnesses, Ms. Oshinusi noted that the Unit collaborates with other government agencies to provide  support for witnesses, especially children and the vulnerable in the community.

“The Witness Support Unit provides witnesses with numerous support as needed, ranging from psychosocial, financial to security, especially for Witnesses of assaults, defilement, rape, armed robbery, among others,” she said.

Also, a Deputy Director, DPP, Mrs. Adesola Adekunle-Bello urged residents to shun  intimidation as the unit would provide adequate protection to  witnesses during and after court proceedings.

In a statement, Director,  Public  Affairs, Kayode Oyekanmi said  communication lines  between witnesses and the unit  were confidential.

Mrs. Adekunle-Bello noted that the administration of Governor Babajide Sanwo-olu is keen on ensuring the effective administration of criminal justice in the state towards creating a crime-free environment for all.

Commending the initiative of the state Attorney-General and Commissioner for Justice, Mr. Moyosore Onigbanjo (SAN), the Chairman Bariga LCDA, Hon. Alabi Kolade David, assured that the campaign would be taken to  residents of the area to attain a safe and peaceful community.

Baale of Obanikoro, High Chief Kabiru Braimoh,  applauded the government’s efforts in bringing justice closer to the people through the campaign.

He implored  the Ministry of Justice on the need to establish annex offices at LCDAs and LGAs to  bring justice delivery closer to the people.

The Economic and Financial Crimes Commission (EFCC) Lagos Zonal Office has joined forces with civil society organisations (CSOs) and the media to fight cybercrime. Stakeholders are optimistic that the partnership can go a long way in the race to save the youth from internet fraud, writes ROBERT EGBE.

$82,570 (or N34,064,253.50) at today’s conversion rate. That was how much Damilola Ahmed Adeyeri stole from an American firm under false pretence.

Court records show that he got the money by hacking the official email address of American Cranes Corporation based in Wilmington, North Carolina.

According to the Economic and Financial Crimes Commission (EFCC), Lagos Zonal Office, which prosecuted him, Adeyeri belonged to a syndicate of fraudsters who defrauded many companies through business mail compromise and obtained millions of dollars from Americans.

On January 28, 2020, the Federal High Court, Ikoyi, Lagos convicted  Adeyeri and his mother, Alaba Kareem Adeyeri, on a four-count charge of conspiracy and obtaining money under false pretence.

Mrs Adeyeri was apprehended when she went to withdraw money from the bank upon hearing that the EFCC was investigating her son.

The court heard that she helped him to launder the money by purchasing properties in his name.

Justice Chukwujekwu Aneke sentenced Adeyeri and his mum to 12 years of imprisonment each for the offence.

According to the Zonal Office’s Head of Legal, Mr Anselm Ozioko (SAN), the EFCC used to be reluctant to prosecute children and their accomplices’ parents.

He and others spoke in Lagos at a conference last May 25.

“We didn’t use to prosecute both the suspects and their parents,” Ozioko said, explaining that the agency was mindful of the severe impact of such prosecution on the family.

But that has changed, following the rise in internet-related fraud in Lagos.

Worried by the trend, the EFCC Lagos Zonal Office organised a conference entitled: ‘Convergence of non-governmental organisations (NGOs), civil society organisations (CSOs) and Media on how to rout cybercrime among the youth.’

It featured the media and civil society organisations (CSOs) including Centre for public accountability, Campaign against impunity, Impact Africa, NGOs CSOs Consortium, Warien Rose Foundation, Women protection Org, Child safety education and protection initiative, Activists for good governance, NASFAT, Women arise for change initiative, among others.

Head of the EFCC Lagos Zonal Office Ghali Mohammed Ahmed, in a no-holds-barred session, noted that in recent times, computer-related fraud had “taken a dangerous dimension with attendant consequences, just as the perpetrators have also become more daring.”

He said the commission’s Chairman, Abdulrasheed Bawa, was interested in feedback from the public on how to rescue the youth from cybercrime, because “we are the first to admit that we do not have the monopoly of knowledge on how to tackle this hydra-headed monster of internet fraud.”

The agency said it arrested 550 persons in Lagos for computer-related fraud in the first quarter of 2021 alone, with 380 of the suspects confessing when confronted with the evidence for their crimes.

It lamented that university graduates, including lecturers, civil servants and military personnel on study leave, constituted a majority of the group.

A member of Activists for Good Governance, Comrade Declan Ihekaire, assuranced that the CSOs and NGOs were ready to partner with the Commission in achieving its mission.

Ihekaire said: “We are ready to give the EFCC the necessary backup, to strengthen your corruption prevention strategy,” adding that such will help the commission’s effort to clean up the mess that we found ourselves in.

Efe Anaughe, representing AML/CFT CSO Forum, said there was a need for Nigerians to own the war against corruption.

“It is a collective effort. So much has gone wrong and we all must be involved in the fight against cybercrime and corruption in general,” she said.

Echoing a concern by a participant at the event, the commission agreed that unless Nigerians united against fraud, it could become synonymous with the Nigerian flag.

Responding to a suggestion by Channels TV reporter Olu Phillips to adopt expert profiling to identify internet fraudsters, Head of Advanced Fee Fraud, Lagos Zonal Office, Omar Sini, said profiling was already in use by the agency.

Sini agreed with another CSO participant that internet fraud, “is an epidemic in West Africa, you can rate cybercrime as an epidemic, particularly in the Southsouth, Southeast and Southwest. Between January 1 and now, we have arrested 550 suspects of computer-related fraud.

“Using that same method (profiling), not less than 380 suspects confessed at the point of arrest. We stumbled on numerous incriminating documents etc that we can use to prosecute them. The methodology is our key strategy.”

He lamented that a lot of the Nigerians oppose the EFCC’s attempt to check cybercrime, arguing that they should be left alone to continue their fraud because the victims were foreigners.

Quoting some of the fraud suspects, Sini said: “Oh, the victims are white, victims are not Nigerians, victims have suffered us before, why are we arresting the cybercriminals.”

He blamed internet fraud on greed, poor morals, poor parental values, among others and charged parents to instil the values of hard work and honesty in their wards.

“Poverty is not the issue, it is moral decadence. A mother paid a neighbour to teach his son how to engage in cybercrime. A major reason is poor morals, not poverty.”

Head of Cyber Crime Section, EFCC Lagos Zonal Office, Dein Whyte, agreed. He attributed the rise in internet-related crime in recent times to the COVID-19 pandemic which kept people indoors and increased their reliance on ICT.

“In the first quarter of the year, we made over 500 arrests. Within the actors involved, the highest number are all university graduates, civil servants, lecturers, military personnel all falling under this group. COVID-19 had a major role to play in the actors’ involvement in cybercrime,” White said.

He noted that it used to be assumed that poverty played a major role in people engaging in cybercrime, but that “recent facts suggest otherwise”.

White said: “Children of affluent parents are involved in ICT fraud at an advanced level. They are even facilitators recruiting other people.”

He explained that contrary to fraud suspects’ claim that they only targeted foreigners, many Nigerians had also fallen prey to cybercrime.

“In recent times, from reports received, so many Nigerian citizens have fallen victim to cybercrime. So it is not affecting only foreigners,” White said.

Responding to a suggestion that the agency should target or engage musicians glorifying or promoting fraud through their music, White noted that the EFCC needed to be careful not to run foul of peoples’ rights to express themselves artistically.

He said: “It is a touchy subject. I agree that there’s a need to meet with music producers to pass the anti-fraud message across. Some musicians have also fallen victim.”

A member of the Centre for Public Accountability, Olufemi Lawson, agreed that poverty was not the cause of cybercrime. He called for corruption prevention actions aimed at “catching them young.”

Lawson said: “I don’t agree with those who attribute the increasing cases of internet fraud to poverty, but the truth is that a lot of parents are no longer taking their responsibilities as parents seriously.”

While calling for value reorientation, Lateepha Abdulsalam, from Impact Africa Initiative, said: “Parenting is a big deal, and we need to catch them young.”

The stakeholders also requested the commission to re-establish EFCC clubs in secondary schools nationwide to catch pupils young, adding that their mind and morals can be set in the right direction when they are young.

By John Austin Unachukwu,  Adebisi Onanuga and Yinka Adeniran, Ibadan

Governor Seyi Makinde of Oyo State has declared the readiness of his administration to defend public interest and make legal aid accountable to indigent citizens.

He made the disclosure while speaking at the  2021 Nigerian Bar Association- Section of Public Interest and Development Law (NBA-SPIDEL) Annual Conference, with the theme: ‘The Role of Public Interest in Governance in Nigeria,’ at Jogor Event Centre, Ring Road, Ibadan.

He said: “Our Attorney General and Commissioner for Justice, Prof Oyelowo Oyewo, transmitted an executive bill to the Oyo State House of Assembly proposing the establishment of the Office of the Public Defender.

“I am happy to report that this process was finalised in record time. This further guarantees the rights of citizens of Oyo State and delivers on our core mandate on justice reforms.

“As we continue to engage in these important conversations, the citizenry is given a chance to better understand the issues at stake and the role they must play in achieving the level of development that we all look forward to in this country”, he said.

Makinde also urged legal minds to help unravel and create the right balance between availability of information in the public interest and classified information that should not be in the public domain.

Makinde while speaking on the theme of the conference, noted that although many people want good governance, the methods of achieving it seem to keep eluding the country.

He lamented that, even when it comes to the relationship between public interest and governance, things get even trickier.

He said: “Let me take a few moments to talk about the theme of this conference – The Role of Public Interest in Governance in Nigeria. Today in Nigeria, everyone wants good governance. But the methods of achieving it seem to keep eluding us. When it comes to the relationship between public interest and governance, things get even trickier.

“For example, getting the balance right regarding availability of information in the public interest and classified information that should not be in the public domain. We are living in an age where people are demanding more from those in authority.

“Citizens are calling for greater transparency and accountability, and they are demanding more inclusiveness. I hope that we would have moved several steps closer to finding that balance at the end of your deliberations.

“I have also had the opportunity to look at the themes and sub-themes of some of the sessions. I must say that they have been well chosen to put good governance in Nigeria on the front burner of national discourse.”

President of the Nigerian Bar Association (NBA)  OlumideAkpata in his address, noted that the country is going through a lot of challenges, saying that the NBA is concerned about the deteriorating state of insecurity, gradual monopoly of the Nigerian state over use of force and arms.

“From the North,  East,  South and West,  we are faced with clear and   threat to sovereign integrity of Nigeria in a manner unprecedented.

“All over the country,  it is as if government could no longer provide security for the country.”

Akpata lamented that the country has become beleaguered and desperately yearning for enthronement of good governance .

He said this is what the conference is trying to achieve.

The  Chairman, NBA-SPIDEL Conference ,Prof Paul Ananaba ,SAN,  in his welcome address said the difference between Nigeria and many countries we admire is public interest.

He said  the disregard to eminent role which public interest ought to play in governance is the bane of pitiable condition the country had found herself.

According to Ananaba, public interest has siblings like patriotism, national interest,  selflessness,  country first among others.

He said the match to nationhood may be a mirage without public interest taking a centre stage.

“When public interest in enthroned,  corruption, nepotism and other vices will flee away. When we fight corruption without public interest, the result will be minimis.”

Ananaba stressed that public interest is one of the various mechanisms that can enhance change in both public and private life.

“Checks will be in place through public opinion and court decisions that reform legal rules, enforce existing laws and articulate public norms”, he added.

By John Austin Unachukwu and Adebisi Onanuga

The Nigerian Bar Association (NBA)  has called for a constitutional review and a restructuring of the country such that each region is strengthened.

It said the exercise must be one that will ensure security of all citizens to enable them have a sense of belonging, stressing that this  “will take away all feelings of marginalisation that several regions are complaining about. “

This was the core of a communique issued on Wednesday at the end of NBA Section on Pubic Interest and Development Law (NBA-SPIDEL) Conference which held at Jogor Event Centre, Ibadan between May 23 and 26 .

The theme was:  ‘The Role of Public Interest in Governance in Nigeria.”

The communique was signed by NBA-SPIDEL chairman, Prof. Paul Ananaba(SAN) and Chairman,  NBA-SPIDEL 2021 Conference Planning Committee,  Monday Ubani.

The conference noted that the current federating structure of the Nigerian State is clearly unwieldy and the debilitating situation is clearly seen in the spate of security crises in the country.

NBA-SPIDEL expressed concern over the various challenges facing the country which it noted has brought her under siege.

It therefore, urged the Federal Government to champion the creation of state police to curtail security challenges.

It said the move will in addition reduce over-reliance on national security outfits for preservation of lives and property.

The association said the frequent bloodletting occasioned by the incessant clash of farmers and herdsmen necessitated the need for an urgent intervention to stop the ugly situation.

NBA-SPIDEL supported the ban on open grazing by states of the federation and urged other states yet to join the development to adopt the ban by the institution of appropriate laws to prevent further clashes and ensure the preservation of lives.

It argued that there is the need for the Federal Government to invest in and institutionalise ranching in the country.

“The cardinal duties of the state governors are to protect lives and properties within their states.

“To this end, it is proper for state governors to establish state policing outfits like ‘Amotekun’ and ‘Ebube Agu’ for the protection of lives and properties of their citizens.

“NBA-SPIDEL supports the establishment of regional vigilantes by state governors to assist the Nigerian Police protect the lives of all Nigerians.”

The conference lamented the continued disobedience to court orders by state governments and the failure of their Attorney Generals to be able to advise them appropriately.

It lamented that cases of disobedience to court orders are on the increase and that this sad state of affairs must be stemmed as accountability in governance cannot be promoted if court judgments are not obeyed and the rule of law is consistently negated.

The conference, therefore, urged the NBA to amend its rules of professional conduct to include provisions compelling all Attorneys-General to ensure that their governments obey court orders.

It also advised that any Attorney General that fails to do so be heavily sanctioned accordingly.

It observed the disconnect between a large segment of the legal profession and the ideals of public interest lawyering, owing to the obvious gaps in the legal education curriculum.

It, therefore, urged the government to make people-oriented policies which are ultimately for the welfare and security of the people.

The conference also urged lawyers to view public interest lawyering as an avenue to enhance the relationship between the ordinary citizen and the judiciary.

It also encouraged all human rights activists to get involved in public interest lawyering irrespective of their area of practice.

Doyen Law Publishers Limited on Friday launched its maiden publication, Modern Weekly Law Reports (MWLR). Senior Advocates of Nigeria (SANs) and other stakeholders of the legal profession have tipped the MWLR, which contains Supreme Court and Court of Appeal decisions, to change the face of law reporting in Nigeria, writes ROBERT EGBE.

Dr Doyin Awoyale remembers August 7, 2018, like it was yesterday.

That day, he stood before a panel of the Supreme Court of Nigeria led by no other than the then Chief Justice of Nigeria (CJN) Walter Onnoghen.

Awoyale’s mission? To seek permission to publish the apex court’s decisions.

Remarkably, just 24 hours after the gruelling session, even before he left Abuja, his lordships gave their verdict: approval granted.

Forty-six days later on May 24, 2018, the Court of Appeal followed suit: its President at the time, Justice Zainab Bulkachuwa, granted the lawyer-academic approval to publish the decisions of the appellate court.

Last Friday in Lagos, Doyen Law Publishers Ltd, a special purpose vehicle incorporated to contribute its quota to the development of law publishing of law-related materials and journals, transformed that approval into reality.

It launched its debut publication, the Modern Weekly Law Reports (MWLR), a weekly law report focusing exclusively on the decisions of the apex and appellate courts.

The event at the Airport Hotel, Ikeja featured legal sector heavyweights including Founding Partner at one of West Africa’s largest law firms, AELEX, Lawrence Fubara Anga, SAN; Managing Partner at Abdullahi Ibrahim & Co., Adetunji Oyeyipo, SAN; Prof Olufemi Abifarin, Prof Bukola Akinola, Mr Henry Ituen, among others.

Inspiration for law reporting 

Awoyale explained that the idea for a law report started during his chambers attachment while at the law school.

He said: “We were with the law office of Chief Adegboyega Awomolo SAN and he always asked us to read at least five decisions every week. So, one day I picked up several of the law reports and asked myself, what’s the big deal about this thing? I think I can do it.”

During his National Youth Service Corp (NYSC) programme in Calabar, Awoyale was an associate at Ituen’s chambers even though he wasn’t posted there.

“He (Ituen) is someone I cherish so much because during our NYSC I was posted to a company but I told them to reject me, that I wanted to be in a law office.

“So, I went to the Federal High Court, met the Deputy Chief Registrar who linked me up with him (Ituen). When we got to his law firm, I noticed that he never discriminated against anyone. He used to say if anyone shouts at you in court, shout back at them (laughs).

“I thank God I had the opportunity to learn very well from him. Ever since, I did not have any other opportunity to work in any other law firm, because when we were done with NYSC, I became a company secretary and from there I set up Doyin Awoyale and Co.” Awoyale said.

Ituen corroborated him.  

“When he came to my office in Calabar and started working there, he told me confidently that one day he would make a name, he would carve a niche for himself in this world and, playfully, we just laughed over it and walked away. Each time we met, he kept telling me, ‘sir, I will do what I told you and very soon it will manifest itself.

“About two weeks ago, he sent an invitation to me for the presentation of this law report and called to tell me that’ Sir, this is the beginning of the dream that I told you.’” Ituen said.

Modern Weekly Law Reports

Law lecturer at Redeemers University in Osun State, Prof Bukola Akinola is one of the editors of the Modern Weekly Law Report.

Akinola lauded its strong editorial board, including SANs from AELEX and Oyeyipo.

He said: “The Modern Weekly Law Reports is Doyen Law Publishers’ first production and this production is the vision of Dr Doyin Awoyale.

“Law reporting is tedious, time-consuming and expensive, especially if you want to maintain the right quality. MWLR is a joint work and why did we arrive at it? Readers are leaders.”

He praised the report’s colour combination of gold, black and white, “colours of the legal profession. That tells you about the personalities and the quality of the editorial board.

“The book has a rich editorial advisory board consisting of learned silks, professors and legal practitioners.

“As of yesterday (last Thursday), I know a learned silk already booking for 10 years’ subscription of the Modern Weekly Law Reports.”

Akinola hinted at a special publication of the MWLR in the works.

He said: “As we look forward to the locus classicus edition of this law report, we intend to make sure that we report all the cases on locus classicus in Nigerian jurisprudence and have our values.

Delving into the report proper, Akinola added: “The cases are properly numbered, the names of the parties are properly spelt out, Coram (presiding judges on a panel), and their roles, the suit, appeal numbers are properly disseminated, the date decided, etc.

“Areas of law touched by the cases and summary of issues raised therein, issues for determination, the facts, the holdings and ratios are properly paragraphed and indexed and paginated.

“Cases referred to (are both) Nigerian and foreign. Statutes are also referred to, books referred to, names of counsel in the case, various justices and their judgments are in proper perspective.

“MWLR conforms to the radical law reporting of the Indian order of legal reports.”

‘A law report with a difference’ 

Oyeyipo’s view of the Modern Weekly Law Reports was similar. He expressed confidence in Awoyale’s ability to make the book stand out, despite the competition out there

He said: “There are indeed so many law reports published in Nigeria now that I doubt if anyone can state with certainty the number of law reports in the country at this time. Sadly, many promising law reports have gone into oblivion after a few years.

“When Doyin, therefore, informed me of his desire to go into law reporting, the first thing I asked him was: ‘Don’t you think we already have too many law reports in Nigeria?’ Doyin just smiled and told me it would be a law report with a difference.

“For those of us who know Doyin, he’s a lawyer and an academic. He portrays the profile of a bundle of controlled energy. You see him as being calm, but underneath the calmness, there’s bottled up energy that he releases from time to time.

“He has an unquenchable thirst for intellectual development and he still retains energy to engage in rigorous practice. Where he gets his energy from, remains a mystery to me.

“Doyin has brought to reality another dream of his today by publishing the first volume of the Modern Weekly Law Reports. He was kind enough to let me see an advance copy and going through it, I have seen that it contains decisions of the Supreme Court, and the Court of Appeal, being the two most senior courts in Nigeria.

“The summary of each decision is expressed in easy to follow language and it goes to the essence of the decision in the case reported. So, if you have any pronouncement of the Supreme Court in your favour in any case, you can be almost sure that you have won that case.

“What Doyin and the editors of this law report have done is to bring out in simple language, the essence of each decision in the summary part of the law report.

“I’ve gone through one of them and I find it to be very user friendly. It is my belief that this law report will be a very useful tool for any serious-minded legal practitioner and I very much recommend it to all of us.”

‘A wise contribution to the legal profession’

Anga also gave the Modern Weekly Law Reports and its editor his stamp of approval.

He said: “The editor-in-chief is someone I met over three years ago and in the three years; it’s almost as if I’ve known him all my life. He is, in Yoruba parlance, you would say he is an aburo (younger sibling), but I don’t see him as an aburo. He’s a friend, a confidant, an adviser; he is someone who motivates.

“Doyin’s life should be a metaphor for the art of the possible, the art of what can happen if you ignore all the negative things and say ‘I will just focus on the positives.’

“He started his law practice in Calabar, worked in a company, and started his own firm. In the intervening period, would drive to Ibadan for a Masters’, would drive to Awka for a PhD. The last few years he has been driving to Ilorin and all parts of Nigeria doing cases, and he drives himself.

“In the middle of all this, he had the wisdom to think about contributing to our profession by birthing, through a special purpose vehicle the Modern Weekly Law Reports. And again it’s an example of what is possible if you put your mind to it.

“I recollect our discussion one day after we got back from Sagamu. We went to a restaurant, and he said ‘Sir, I’m thinking of publishing a law report.’ I said: ‘Why a law report?’ He said: ‘It’s what I want to do.’

“What he wanted to do, has now been done. Doyin pronounces, and with God’s grace, he does.”

Modern Weekly Law Reports and quest for perfection 

Awoyale, who is editor-in-chief of and heads Doyen Law Publishers’ editorial board, is determined to sustain the MWLR as the best law report in the country.

He is also determined to make it affordable and easily accessible to all lawyers, hence the N1500 price tag.

MWLR has a monthly, quarterly, bi-annual and annual subscription plan.

At the moment, the Modern Weekly Law Reports is in hard copy, but plans are underway for a digital edition.

By John Austin Unachukwu

The Nigerian Content Development and Monitoring Board (NCDMB) has vowed to enforce local content for lawyers especially in the oil and gas sector, as defaulters would be sanctioned through the courts.

NCDMB Director, Legal Services, Muhammed Umar said contracts made in disregard of local legal participation could be cancelled or the defaulter would pay five per cent of the contract value as a fine.

Umar spoke during a recent one-day symposium organised by the NBA-SBL and NCDMB with the theme: NOGICD ACT-Strides: Challenges and opportunities.

There it was revealed that the NCDMB had partnered with NBA-SBL to drive the enforcement of local content for lawyers.

“If you don’t comply (with local content for lawyers) and we do our best to engage you, the board will have no other option but to take you before the court where sanction would be applied. Either the contract is cancelled or you pay five per cent of the contract value as a fine. We keep doing our best and we hope we will make progress with time.

“Before the Act, things were done in a different way, after the Act, we try to change the way things are done. In the past you had businessmen, portfolio, service companies that would take a job in Nigeria and outsource the entire job out of the country but now we insist that jobs be done in Nigeria, by Nigerians using Nigerian goods or Nigerian services. There would be challenges but those who understand what is good for the country are compliant,” Umar explained.

NBA-SBL Chairman Ayuli Jemide said the NBA-SBL noticed that the Nigerian content for lawyers was not really being enforced, so the body had been in engagement with the NCDMB and part of that engagement is to create awareness about the activities generally and as it pertains to lawyers.

Thus, the NBA-SBL entered a strategic partnership with the NCDMB in a bid to enforce the Nigerian content for lawyers.

“The long-term gain is that if we can work with the NCDMB to ensure the Nigerian content development for lawyers is properly enforced. This will improve thousands of Nigerian law firms and Nigeria’s Gross Domestic Product, (GDP). We will keep engaging to make enforcement successful.”

Also speaking, NCDMB Director, Monitoring and Evaluation, Akintunde Adelana, stated that the Nigerian Oil and Gas Industry Development Act, 2010 had great potential for lawyers.

“So, at this point, we need lawyers to support the interpretation of the Act and also to drive compliance in the industry in terms of implementation of the provisions of the act. Lawyers play key roles in the activities of the oil and gas industry; putting together contracts here and there, interpreting the Act because this is a global industry and there are a lot of legal documents arising from oil and gas business in several sectors of the economy and in several environments in the world. Lawyers are very relevant in this area. So, there are a lot of opportunities for Nigerian lawyers and this partnership will help to drive that’’.