The Nation Newspaper

Tag: legal

  • Legal issues in destruction of illegal refineries

    SIR: Over the years, the federal government, via her Military Joint Task Force (JTF) has boasted of total clampdown activities on illegal refinery operators and/or oil thieves. It is not uncommon today to read or listen to reports on papers or telecast on how the JTF in Rivers, Bayelsa, etc, states have destroyed several illegal refineries.

    To state that there are laid down laws, rules, and regulations for virtually every activities of Nigerians vis-à-vis the government and vice versa is to state the most obvious. Ranging from the constitution to all other Acts and Laws made pursuant to it, actions and/or inactions criminalized and how to bring perpetrators to justice are clearly stated.

    There are laws regulating the operation of refineries in Nigeria even to the extent that violation of such laws is accordingly sanctioned. The principal enactment on the subject matter is the Petroleum Act, Cap P10, Laws of the Federation of Nigeria (LFN), 2004 which provides in Section 3(1) that “No refinery shall be constructed or operated in Nigeria without a licence granted by the Minister.” Subsection (4) of the same section further provides that “the provisions of this section are additional to the provisions of the Hydrocarbon Oil Refineries Act.” The Hydrocarbon Oil Refineries Act, Cap 45, LFN, 2004 on the other hand provides in its section 1 that “subject to the provisions of this Act, no person shall refine any hydrocarbon oils save in a refinery and a license issued under this Act…”

    From these provisions, any place or facility used for the purpose of refining oil but without the requisite license is an illegal refinery.

    To determine whether a refinery is legal or otherwise, it must first be established that the operation is without the lawful licence envisaged by sections 3 and 1 of the Petroleum Act and the Hydrocarbon Oil Refineries Act respectively. Assuming that this first hurdle is usually crossed in the apprehension of the operators of illegal refineries across the country, the next hurdle is that which is expected by law to be done in the circumstance.

    Section 7(1) and (2) of the Hydrocarbon Oil Refineries Act provides as follows: “any person who refines hydrocarbon oils in contravention of the provisions of section 1 of this Act shall be guilty of an offence, and shall be liable – (a) on summary conviction, to a fine of not less than four hundred naira or more than two thousand naira or to imprisonment for a term of two years, or to both; (b) on conviction on indictment, to a fine of an unlimited amount or to imprisonment for a term not exceeding five years, or to both. (2) Any hydrocarbon oils in respect of the refining of which a person is convicted of an offence under this section shall be liable to forfeiture.”

    By the way, the penalty of fine prescribed by section (7) of the Hydrocarbon Oil Refineries Act leaves so much to be desired and goes to show how archaic our laws can be and how our legislature is hardly interested in updating our laws to meet current realities.

    From section 7 of the Hydrocarbon Oil Refineries Act, one thing is clear, the law expects that any person accused of operating an illegal refinery must go through the process of criminal trial to warrant conviction then, be faced with the legal punishment. It is crystal clear that the law does not envisage setting ablaze illegal refineries upon apprehending the operators.

    Aside the fact that the destruction is done in contravention of the law by the government itself, regard is never hard to the consequences of hydrocarbon fire (as a result of burning the illegal refineries) on the environment as well as human health. Need we be reminded that the environment in question is already subjected to all manner of degradation ranging from gas flaring to oil spillage among others?

    Is the government aware of the dangers of hydrocarbon fire on the environment and human health? When the law enforcement agents are the law breakers themselves, to whom do we run?

     

    • Ekpa F. Okpanachi,

    Anyigba, Kogi State.

  • Legal Council lauds UniAbuja student’s feat

    The Council of Legal Education, has commended the University of Abuja on the achievement of one of its Law graduates, who performed exceptionally at the Bar final examination.

    The Secretary to the Council, Mrs. Elizabeth Max-Uba, in a letter of commendation to the Vice-Chancellor, Prof Michael Adikwu, said Sani Fatima Bombom excelled with a First Class honours  in the May 2015 Bar final examination, which was a testimony to her hard work and discipline.

    Part of the letter issued by the Deputy Registrar (Information), Waziri Garba, reads: “On behalf of the Council of Legal Education, I congratulate you, the entire university management and particularly the Faculty of Law for this excellent performance.”

    Mrs. Max-Uba enjoined the university management to publicise Fatima’s achievement to its Law students to motivate them.

    In April, students of the faculty had emerged second in a 20-nation international law students’ competition held at the College of Law, Nebraska University Lincoln, USA.  They were the only African students in the competition won by England/Wales.  They tied with their counterparts from Georgia in second place.

    On the students’ achievement, Prof Adikwu said that the university would continue to create an enabling environment for serious-minded academics and students to realise their potentials.

     

  • Legal challenges of outdoor advertising

    Legal challenges of outdoor advertising

    It is indeed with excitement that I take advantage of this privilege to share with you certain issues that are of serious concern to members of the Outdoor Advertising Association of Nigeria, (OAAN).We really cherish this opportunity as it will enable us share some of the burden of our practice in our industry with this gathering with the expectation that this platform would be able to proffer solutions to some of the issues.

     

    Outdoor Advertising

    Association of Nigeria

     

    Brief introduction

    The Outdoor Advertising Association of Nigeria is a body of all firms that have been duly licensed to engage in the practice of Outdoor Advertising (or out-of- Home Media – asit is popularly known) by the Advertising Practitioners Council of Nigeria (APCON). APCON as you all know is a creation of law, as it was established by Act No. 55 of 1988, as amended by Act No. 93 of 1992 and Act No. 116 of 1993 and is charged with the primary responsibilities of:

    • • Determining who are qualified advertising practitioners;
    • Setting the standard of knowledge and skills required of such practitioners;
    • Compiling, maintaining, and keeping the register of practitioners;
    • Regulating and controlling the practice of advertising in Nigeria;
    • Conducting qualifying examinations in the profession;
    • • Performing all such other functions as are incidental or conducive to the aboveresponsibilities or any of them.

    Where these responsibilities affect the practice of outdoor advertising, the Council has vested such powers in the Outdoor Advertising Association of Nigeria (OAAN).

    Thus OAAN has been duly recognised in law to regulate and control the practice of Outdoor Advertising in Nigeria.It is therefore reasonable to conclude that the Outdoor Advertising Media industry is an important sub-sector of the economy as it is a major employer; and the members pay substantial part of their income as taxes to all the tiers of government. It is also reasonable to conclude that this very important sector of our economy should be given all the necessary assistance and encouragement to flourish.The reality however is that operators,especially members of my Association, are groaning under the burden of practice, most of which are unnecessary yokes placed on us by the powers that be.

    It is a well-known fact that the place of outdoor advertising to the success of all forms of marketing communications efforts cannot beover emphasised. As a matter of fact, its influence has continued to be on the increase.This is largely because of the dynamic nature of the platform .It is one that can always easily adapt to prevailing trends. It has consistently been influenced by and has benefited tremendously from prevailing technological advancements. Furthermore, outdoor advertising has also helped to light up and beautify our environment.It makes the skyline of our cities more beautiful.

    Above all, outdoor advertising is the most viewer- friendly platform when compared with other media platforms.It is the only platform from which the viewers get valuable information at no cost to them.

    As a group of highly responsible professionals, our association is committed to the highest ethical standards. We are also committed to making the practicebetter and to accommodate the desires and expectations of the advertisers to the extent that we continue to help  in the actualization of their visual communications objectives – there by further elevating their high level exposure in the market place. We are also committed to making our environment a great beneficiary of the beauty of outdoor advertising.

    There are within this gathering ladies and gentlemen that can attest to it that we are investing more than ever before in the business, and in the environment.

     

    Some of the challenges

     

    I am mindful of the fact that this opportunity you have given me may not allow me to present and discuss all the nagging issues in details, I crave your indulgence, however, to present and briefly discuss some of them here.

    Prominent among the industry’s headache arethe twin yokes of unrestricted government regulations and multiple taxations. Lack of appropriate and inadequate infrastructure (electricity) and influx of illegal operators are also issues that are of serious concern to us and a potential threat to the survival of the sector.

    There is also the issue of huge indebtedness, especially by the clients.Permit me distinguish ladies and gentlemen to briefly discuss some of this issues.

     

    Unrestricted govt regulation

     

    It is a common knowledge that a section of the laws of the land recognises the local government for the purposes of controlling and deriving revenue from Outdoor Advertising, by way of permit fees. Lately, however, a number of states have hijacked such powers from the local governments and have now warehoused, so to speak, the powers in a new creation (perhaps not known to the laws of the land) called Signage and Advertisement Agencies. In the Federal Capital Territory, it is known as the Department of Outdoor Advertisement and Signage, DOAS.

    And there is the issue of federal highwayshere both the respective states and the Department of Federal Highways have separate controls that the Outdoor operators have to cope with. There is so much Confusion; so much headache.

     

    Multiple Taxation

     

    Closely related to the issue of multi – level regulation is that of multiple taxation. Each level of government now arbitrarily fixes rates on the basis of which are largely – unknown. As it is, most states have identified Outdoor Advertising as a surer source of revenue after oil and gas.The effect of this on our business is that it has grossly discouraged our clients, who ultimately pick the bills from patronising us. Unfortunately they have other alternatives that they go to, to the detriment of our sector. The multipliers effect is the loss of business to us; the loss of employment to our staff; and the loss of lives in some cases.

     

    Lack of Appropriate

    infrastructure

     

    The dynamic nature of our media platform demands the availability of the relevant infrastructure, especially unhindered supply of power. It is a well-known fact even at this gathering that this has not been the experience in a long while now. Thus, it has become fashionable for operators to invest in alternative sources of energy.This has also added to the cost of doing the business.

     

    Influx of Illegal operators

     

    The relevant laws, especially the APCON Acts, forbid anyone who has not been approved and licensed by that body to practice advertising in any aspect for gain in the country. And for a firm to practice Outdoor Advertising, it must have been duly registered as a member of OAAN, or must have obtained the APCON’s license to practice without being a member of the Association. The experience however is that a number of individuals and firms are operating in the industry and they are neither legally registered by APCON to do so; nor are they registered with OAAN.

    This has been made possible by the Signage and Advertisement Agencies who allows anyone with the financial means to practice in their states, even when such violates the laws of the land.

     

    We need your help

     

    The list of our challenges is endless. But we, sincerely, believe the problems are not insurmountable. And that is why we are delighted at this opportunity to make this presentation. Our expectation is that you will help with the interpretation of the relevant laws and, beyond that, assist us in communicating it to the right places that the laws must be obeyed and respected and that illegal structures created by government (aka Signage Agencies ) should be dismantled anddouble taxation stopped forthwith. We do, honestly, think that the signage and advertisement agencies are an aberration, and unknown to the laws of the land. They are illegal structures that must be dismantled. But we need you to help us in this regards.

     

     

     

     

     

     

  • Is debtors’ list publication legal?

    Is debtors’ list publication legal?

    The Central Bank of Nigeria is empowered by the various provisions of the CBN Act to regulate and supervise the activities of commercial banks in Nigeria. Section 44 (a) CBN Act 2007 provides that there shall be a Committee for the co-ordination and supervision of financial institutions in Nigeria. This provision has placed the direct supervision of banks and other financial institutions under the purview of the Central Bank of Nigeria. The supervision of the banks is to promote and maintain adequate and reasonable financial service for the public; as well as ensure high standards of conduct and management throughout the banking system. The powers of the Central Bank of Nigeria in regulating and supervising commercial banks seems unfettered as the Act provides an incidental clause to enable the Central Bank of Nigeria discharge its functions as prescribed according to law. Section 32 (1) CBN Act provides that “the Bank may, subject as is expressly provided in this Act generally conduct business as a bank, and do all such things as are incidental to or consequential upon the exercise of its power or the discharge of its duties under this Act” . It would therefore be right for the Central Bank of Nigeria to make regulations and guidelines that would ensure that the objectives of the Act are fully accomplished. This directive must be obeyed by all financial institutions and any financial institution which fails to comply with such directive is at risk of sanctions from the Central Bank of Nigeria.

    In ensuring that the Central Bank of Nigeria is properly backed up through the instrumentality of law, the federal legislature has passed the Banks and Other Financial Institution Act (BOFI Act). The various provsion of the BOFI Act gives wide powers to the Central Bank of Nigeria to regulate the activities of banks and financial instutions in Nigeria. The power includes but not limited to issuance and revocation of licenses should there be a breach of the law or any regulation by any bank or financial instution, section 3 & 8 BOFI Act. Section 57 BOFI Act empowers the Governor to make regulations to give full effect to the objects and objectives of the Act, it provides as follows, (1) The Governor may make regulations, published in the Gazette, to give full effect to the objects and objectives of this Act. (2) Without prejudice to the provisions of subsection (1) of this section, the Governor may make rules and regulations for the operation and control of all institutions under the supervision of the Bank.

    In light of the above provisions, the Central Bank of Nigeria is solely responsible for the supervision of banks and financial instutions in Nigeria, subject to the overall supervision of the supervising minister. The incidental power of the Central Bank of Nigeria is sufficient for legal protection as regards its directive to all banks to publish the names of debtors. It would therefore be right on the face value for the banks to obey the directive of the Central Bank of Nigeria. However, since the CBN Act and BOFI Act are not the only legislation governing conducts of citizens and institutions in Nigeria, it would be pertinent that other laws should read in consonance with the CBN Act and the BOFI Act.

    The Nigerian legal system is anchored on the doctrines of English Common Law and legal tradition as a result of colonisation and of reception of English law through the legal transplant. The doctrines of common law form a substantial part of the received English Law in Nigeria and this received English Law are part of our legal and judicial system. Received English Law comprises of Doctrines of Common Law, Doctrines of Equity, and Statutes of General Application. Section 45(1) Interpretation Act provides that, “the common law of England and the doctrines of equity and the statues of general application which were in force in England on 1st January, 1900 are applicable in Nigeria, only in so far as local jurisdiction and circumstances shall permit” It would be right from the interpretation of Sec. 45 Interpretation Act to state that the doctrines of common law as part of our laws would impose a duty of confidentiality upon a banker to its customers. The duty of confidentiality was first brought to fore in the case of Tournier v National Provincial and Union Bank of England [1924] 1 KB 461 where a bank disclosed to its customer’s employer that one of the customer’s unpaid cheques was drawn in favour of a bookmaker’s account. As a result of this disclosure, the customer’s employer did not renew his contract with the customer. In arriving at a decision, the English Court of Appeal held that confidentiality was an implied term in the customer’s contract and that any breach could give rise to liability in damages if loss results. This duty is not however exclusive and without qualification, the dutyof confidentiality can be dispensed with when required by law, public duty, bank’s interest or in circumstances where the client has consented even if impliedly to such disclosure.

    The provision of exemptions from this duty cannot be a basis to act in an unrestricted manner, as the exemptions are not to be used vaguely but in regards to facts. In interpretating situations where the exemptions can be applied it would best serve the interest of the justice to apply the purposive approach rule of interpretation. The purposive approach rule considers not only the letters of the legislation vis-a-vis their true or extended meaning but it further considers the reasonings behind such legislations by looking at the history of the proceedings and the purpose the law was to achieve. In NURTW v. RTEAN (2012) 10 NWLR (Pt. 1307) 170 S.C at Page 196 paragraph A, the court stated par Fabiyi JSC “It is basic that one of the vital canons of interpretation of statutes is that a court of record should be minded to make broad interpretation or what is sometimes referred to as giving liberal approach… A court should give a holistic interpretation to a statute as required by law… A court should aim at giving a statute purposeful interpretation; I dare say”. Therefore, in establishing the occurrence of breach of this duty, it would best serve the interest of justice to scruntize the exemptions created by English Court of Appeal.

    A banker is allowed to breach the duty of disclosure when such disclosure is required by law. In arriving at definition of the term “law” the Interpretation Act LFN 2004 defines “law” in Section 18 (1) Interpretation Act as “law means any law enacted or having effect as if enacted by the legislature of a state and includes any instrument having the force of law which is made under a law.” It would then be that the directive of the Central Bank of Nigeria by facial value would be sufficient to breach this duty since it was made by an instrument having the force of law. However, since the duty of confidentiality has been imposed by doctrines of common law and accepted by the Act of the Parliament, there would appear to be a conflict between the two positions. In resolving the conflict, the court has always used the hierarchial status of laws to determine which law supercedes the other in cases of legislative conflict. It cannot therefore be that a principle which has been enacted by a federal legislation would be subjugated and over-riden by a directive from the Central Bank of Nigeria made pursuant to an Act. The Court having enunicated the hierarchy of laws in Labiyi v. Anretiola (1992) 8 NWLR (pt.258) 139 would not be willing to topple the express provisions of an Act with a directive made pursuant to an Act. The English Court of Appeal further conceded that the duty of confidentiality can be circumvented at instance of public duty. Public duty must not be defined vaguely but in relation to the circumstances of fact and the law. In the case of Dododo v. EFCC (2013) 1 NWLR (Pt. 1336) 468 C.A, the Court of Appeal defined the term public as “the people of a nation or community as a whole” while the Black Law Dictionary has defined duty as a “moral obligation”. The exception would therefore be applicable in circumstances where non-disclosure would cause public hurt or injury, particulary, instances of criminal liability. In regards to all available facts, the CBN has not stated that the debtors accrued the debt through illegality, neither has it been controverted that a banker-customer relationship existed, especially as a legal transaction is strictly a private and civil affair. The exception of disclosure by reason of public duty can barely avail the Central Bank’s directive in light of the afore-mentioned. With regards to disclosure occassioned by bank’s interest, the balance of convenience would rest solely on the bank as the law is cleaar that he would assert must proof, section 135 Evidence Act. Since, the bank’s interest is dependent of the facts of each case; the legality would be hinged on the reasonable man’s test.

    In futherance of the rights of the debtors to have their loan transaction carried out under strictly confidentiality, the Constitution of the Federal Republic of Nigeria has ensured the codification of rights to privacy. Section 37 Constitution of the Federal Republic of Nigeria 1999 3rd Alteration provides; “the privacy of citizens, their homes, correspondence, telephone conversation and telegraphic communications is hereby guaranteed and protected”. This provision in the constitution supercedes whatever law or directive that mandates the disclosure of personal corresspondence of a person’s account into the public space. This provision having been provided for by the constitution is of a special status as it can only be contravened under the circumstances permitted by the constitution itself and not by any directive or even an act of the parliament. Section 1(1) (3) of the constitution of Nigeria gives an overlording preference to section 37 of the constitution, section 1 (1) (3) provides “(1) This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria; (3) If any other law is inconsistent with the provisions of this constituion, this constitution shall prevail, and that other law shall to the extent of the inconsistency be void.” However, the constitution has also stated instances that the provisions of Section 37 CFRN 1999 3rd amendment can be exclusively overridden. Section 45 CFRN 1999 3rd amendment permits the vioation of the provision of Section 37 CFRN 1999 3rd amendment in the interest of defence, public safety, public order, public morality, public health or for the purpose of rights and freedom of other persons. Succintly, the provisions of section 37 can be circumvented for public policy and for the purpose of ensuring the rights and freedom of other persons. Public policy has been described as actions taken to stop the obliteration of public interest or to protect public interest. Public policy is based on the test of a reasonable man as well.

    The combined reading of Section 18(1), 45(1) Interpretation Act, Section 42(a), Section 23(1) CBN Act, Section 57 BOFI Act and Section 37, Section 1(1) (3) Constitution of the Federal Republic of Nigeria, would be that though the Central Bank of Nigeria has the powers to give directives for the overall goverance of banking business in Nigeria, such directive must not contradict any express provision of the law. The Court has consistently risen to the defence of the law, especially the constitution. It has even gone further to declare any contradictory act against the law to be null and void and of no effect. The position of the Court has been that that no action or directive would be allowed override the express provision of the law no matter the brilliance or good intent of such actions or directives. The publication of debtors would therefore be more of a moral exercise that cannot be hinged on any legal provision.

     

  • Free movement of legal practice within ecowas states

    Free movement of legal practice within ecowas states

    1.0        Introduction

    The Economic Community of West African States  (ECOWAS) was established at the time civil society and the business community were striving to understand and rise to the challenges of globalisation, posed by World Trade Organisation (WTO) agreements, European Union (EU) and African Caribbean and Pacific (ACP) Regional Economic Agreements, the African Union and New Partnership on Africa’s Development (NEPAD). There was a growing enthusiasm for economic integration, which led to the ultimate goal of regional economic unions. Many countries that were close neighbours or had common problems of economic development strived to maintain some degree of economic cooperation. Thus, ECOWAS came into being as a result of the manifestation of the desires for cooperation among the peoples of West Africa.

    The treaty establishing ECOWAS was signed in Lagos, on  May 28, 1975, comprising 16 countries of the West African sub-region. They were: Benin, Burkina Faso, Cape Verde, Cote d’Ivoire, Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, and Togo. Following the withdrawal of Mauritania in December 2000, the membership dropped to 15.

    The primary purpose of ECOWAS is to integrate the fifteen West African markets for goods, capital and labour so that the community can advance harmoniously as one region in its search for sustained economic growth and development. Since the community became operational in 1977, trade development has been central to the cooperation programmes adopted by the decision – making organs of ECOWAS. As early as 1976, the first protocol relating to the concept of products originating from member states of the community was signed by the Authority of Heads of State and Government. Three years later, in 1979, decision on the liberalisation of unprocessed products was signed by the council of ministers followed by decision of the Authority of Heads of State and Government relating to trade liberalisation in respect of traditional handicrafts in 1981. Another decision relating to the adoption and implementation of a single Trade Liberalisation Scheme for industrial product originating from member states of the community dated  May 30, 1983 was signed by the Authority completing the scope of products covered by the ECOWAS Trade Liberalisation Scheme. It is certain that the success of West African integration efforts will be judged by the volume of intra community trade and by the degree of interaction between the citizenry and also between the business communities.

    It is instructive to point out that the undercurrents of regional integration that were generated internationally made the formation of ECOWAS a fait accompli. In fact, the United Nations Commission for Africa, (UNCA), generated tremors of regional integration in Africa that soon saw the formation of the East African Economic Community,(EAEC), established by the Kampala Treaty signed on June 6, 1967, which consolidated and legalised the East African Common Services Cooperation and Coordination that existed informally since 1984. The success of the EAEC motivated the UNCA to turn its attention to West Africa. When the ECOWAS treaty was finally signed it was described in London as “one of the most ambitious projects of its kind in the world” and in West Africa as by far, the most momentous and far-reaching economic treaty.

    Article 2 (1) of the Treaty provides thus: It shall be the aim of the Community to promote cooperation and development in all the fields of economic activity… for the purpose of … fostering closer relations among its members and contributing to the progress and development of the African continent.

    To achieve the above purposes, Article 2(2) of the Treaty requires Member States to, by stages, ensure, inter alia, the abolition as between Member States of the obstacles to free movement of persons, goods, services and capital. The removal of obstacles to free movement was meant to provide the foundation upon which a borderless region was to be achieved. The ECOWAS Community envisioned the transformation of the Union into one “massive borderless region, an ECOWAS of peoples, not countries”.

    In the words of the pioneer ECOWAS Commissioner for Trade, the late Alhaji Mohammed B. Daramy, at the 3rd West African Investment Forum in Abuja, February, 2008, “The ECOWAS Commission … has developed a vision to have an ECOWAS of peoples and a borderless region…”  The Commission is also committed to ensuring that all the stages of integration, including the creation of a single monetary union are completed in a sustainable manner. This is with a view to realising the ECOWAS vision of moving from an ECOWAS of States to an ECOWAS of peoples through the creation of a single economic space in which the people transact business.

     

     2.0  Cross border trade in services

    A lot has been written on the increasing importance of cross border trade in services including legal services at the international and regional level. The World Bank, writing generally on the internationalisation of trade in services which includes legal services, notes in one of its publications, ‘’Negotiating Trade in Services: A Practical Guide for Developing Countries’’, (2009), that in the last twenty years the growth in trade in services has been phenomenal mainly as a result of advances in technology to the extent that trade and services have attracted the attention of policy makers. The study further notes that in the years before the 2007 financial crisis, trade in services grew as much as the trade in goods, at an average rate of 12 percent and that the trade in business services (such as engineering, legal, health, accounting, and management services) grew even more quickly, at 14 percent over the same period.

    This view that trade in services is gaining importance is supported by a number of authors and institutions such as the World Trade Organisation (WTO) and the International Lawyers and Economists against Poverty (ILEAP). The WTO in one of its publications notes that services represent the fastest growing sector of the global economy which account for about 70 percent of world gross domestic product (GDP), one third of global employment and nearly 20 percent of global trade. In further support of the WTO’s position; ILEAP in one of their publications entitled Harnessing Services Trade for Development: A Background and Guide on Service Coalitions in Africa and the Caribbean, notes that the services sector plays an integral role in the functioning of any modern economy and has earned the status of being the cornerstone of all economic activities as a result of the impact on development.

    As highlighted by the World Bank, negotiations on service agreements increasingly feature in modern trade agenda. The growing importance of trade in services has translated into the prominence of services in trade agreements. According to the World Trade Organisation (WTO), its members have ratified 263 regional trade agreements.  Of these, 74 cover trade in services.

    Since the entry into force of the WTO in 1995, service agreements have been actively negotiated by developed and developing countries alike. As noted by the World Bank, the entry of WTO into the International Trade Arena in 1995 marked the turning point for trade in services agreement since that year the marathon negotiations for the General Agreements on Trade in Services (GATS) was concluded and for that first time a general framework for negotiating services was made available.

    The international trend to have a frame work within which to negotiate service trade agreements influenced by the promulgation of

    GATS appeared to fuel efforts to establish regional arrangements between themselves using the framework provided by GATS. Thus in a space of few years after GATS, other regional blocks such as the European Union (EU); North American Free Trade Agreement (NAFTA), The East African Community (EAC) and the Economic Community of West African States (ECOWAS) engaged in cross border agreements in services.

    The European Union, in an effort to liberalise cross border legal services, notes Florence Liu, (‘’The Establishment of a Cross-Border Legal Practice in the European Union’’), has embarked on a number of implementation stages under the framework provided by the Treaty Establishing the European Economic Community (Treaty of Rome), which established as a primary goal of the EU, the creation of an internal market without internal frontiers, where goods and services are traded freely and easily by granting every EU national the “Freedom to provide Services” and the “Right of Establishment”  in another Member State.

    As noted by Liu, the freedom to provide services envisions the gradual abolition of restrictions on the free supply of temporary services within the EU while the Right of Establishment includes the “right to take up and pursue activities as self-employed persons”on a permanent basis in the host Member State.

     

     

     

    Like the European Union, the liberalisation of legal service in North America was conducted under the aegis of NAFTA. According to Paul D. Paton, (‘’Legal Services and the GATS: Norms as Barriers to Trade’’), The NAFTA, drew on the initial experience of the GATS to entrench basic principles governing cross-border trade in services by declaring that the agreement covered all cross border non-financial services, unless such a service is specifically excluded.

    The NAFTA was based on the principles of improvement of national/MFN treatment for all of its service providers and a commitment to eliminate citizenship and permanent residency requirements for licensing or certification of professional service providers within two years from the effective date of NAFTA (by January 1, 1996), failing of which retaliation by equivalent was permitted. In 1998, the three NAFTA signatories signed an agreement permitting lawyers from any one of the three to act as foreign legal consultants in the other two. Lawyers licensed to practice in one country are, under this agreement, allowed to set up offices in the other countries and advise on laws of their home country, as well as represent clients in international commercial transactions.

    Like its regional counterparts in Europe and North America, West Africa has not been spared this pressing need to regionalized and harmonize trade relations.

     

    3.0        CROSS BORDER TRADE IN LEGAL SERVICES:

     

    Though widely used in theory and practice, the term Cross Border Legal Practice (CBLP) is devoid of any clear precision. The term means different things to different people depending on the jurisdiction.

    This lack of clear definition notwithstanding, I will adopt the loose definition by L. Terry in his article ‘’GATS’ Applicability to Transnational Lawyering and its Potential Impact on U. S. State regulation of Lawyers’’, who referred to Cross Border Legal Practice as:

    ‘’the general situation in which a lawyer originally licensed in one jurisdiction, the Home State, provides legal services in another jurisdiction, the Host State. This can occur when the lawyer physically travels to the Host State, or when the lawyer provides services through other means’’.

    The evolution of this new concept is spearheaded by the fact that, traditionally, lawyers practice law in the country where they completed their legal studies. This practice, though still present, is slowly but surely going to change soon in the West African Community as greater economic integration leads to the greater mobility of lawyers. It is anticipated that with the envisaged mobility, West African lawyers may benefit from this increased mobility, as they may practice law in a country that is a member of the ECOWAS in addition to the one where they obtained their legal education and license.

    In practice however, this mobility is difficult to achieve because it requires a harmonization of legal standards among countries with different legal systems and traditions. However, efforts to provide the platform for harmonization have been going on across the ECOWAS basing on the achievement and basic structure of the common ancestor, the General Agreement on Trade in Services, the GATS.

     

    4.0 LEGAL SERVICES AS A COMMODITY IN INTERNATIONAL TRADE:

    In recent times, the World, including the region of West Africa, has noticed a phenomenal growth in International Trade and Investment, which is substantially larger than the growth of domestic economies. International business appears to provide more opportunities for expansion, growth and income than does the domestic business alone as a result of increasing flow of ideas, services and capital across the world. As a result, innovations can be developed and disseminated more quickly, human capital can be used better and financing can take place more quickly as well. In addition to all the above, international investment provides challenging employment opportunities to individuals with professional and entrepreneurial skills.

    Terry when explaining the growth of legal services as an international commodity for the United States notes that, legal services are among the professional services sectors that have experienced strong growth and that have helped the U.S. trade balance, noting that the growth was a result of increased demand for legal services resulting from globalization and economic growth in emerging markets and highlighted the important role of legal services in facilitating other trades, noting:

    ‘’The professional services sector provides critical inputs to all sectors of the economy, including other services. For example,

    law firms provide support for commercial transactions and buyer/seller relationships’’.

    As argued by Terry and supported by many commentators, it is now widely admitted that international business is important and necessary because economic isolationism has become impossible. Failure to become an active part of the global market assures a nation of declining economic influence and a deteriorating standard of living for its citizens. Successful participation in international business, however, holds the promise of improved quality of life and a better society in our nation.

    For any business and international business in particular to thrive, it needs the necessary support services such as accounting and legal amongst others. As international business and investment from abroad have to rely in the services provided by the government and the private sector in the host country, the service providers such as lawyers in our case must possess the necessary skills and understanding of laws and procedure of the host states as well as of the original states in order to offer proper advice. Therefore, the need for and the role of lawyers with multi-jurisdictional skills have increased. Since, traditionally, legal practice has been an internal affair of a state, this new emerging trend of multi-jurisdictional practice creates considerable hurdles to lawyers who have had no chance to practice internationally on account of the fact that the work does not just mean cross border work but also cross cultural and sometimes cross language adaptability.

    This multi-jurisdictional need for lawyers signify that legal services, as a result of globalization, have become an international business prompting for the need to have rules and procedures that will recognize the importance of lawyers from one jurisdiction to practice in another jurisdiction by either cooperating with the fellow lawyers in one jurisdiction or, move in and practice in the new jurisdiction.

    Therefore, as a natural consequence of the need for multi-jurisdictional skills in legal business, there emerges a need for some form of cooperation and understanding between nations to facilitate and regulate the trade in legal services as well as other related services.

     

    5.0     CROSS BORDER TRADE IN LEGAL SERVICES IN WEST AFRICA’S ECOWAS:

    Apart from information from Eastern African Region, there is scanty information on the progress made in other regional groupings in Africa on the concept of cross border legal practice. It would appear that the concept is still in its nascent stage given the fact that the basic frameworks for engaging in it are being established.

    The Economic Community of West African States (ECOWAS), which comprises West African states, appears not to have given effect to the concept despite the fact that Article 3(2) (d) (iii) of the revised ECOWAS Treaty makes provision for elimination of restriction in the movement of factors of production, including restrictions in the movement of services, and also the provisions under Article 3(2)(h) and Article 57(1) regarding the establishment of an enabling legal environment and harmonization of judicial and legal systems. It is hoped that with the ECOWAS Trade Liberalization Scheme (ETLS) and recent effort of the ECOWAS to strengthen its common market by the formal launching of the Common External Tariff (CET) which became fully operational on 1st of January, 2015, amongst other steps being taken by the regional body to strengthen trade cooperation amongst member states, ECOWAS will be in a position to effectively adopt the concept of Cross Border Legal Practice (CBLP) in the near future.

    It is pertinent to point out unlike its counterparts in the West and South, the East African region is seen moving at a modest speed towards the establishment of the Cross Border Legal Practice by establishing the Common Market under the provision of the Treaty for the establishment of the East African Community as a vehicle for implementing Cross Border Legal Practice.

     

    6.0           QUALIFICATION FOR LEGAL PRACTICE IN SOME WEST AFRICAN COUNTRIES:

    (i)  NIGERIA:

    The Legal Practitioners Act prescribes the qualification for persons to practice law in Nigeria. This includes persons whose names are on the Roll of legal practitioners, persons who apply to the Chief Justice of Nigeria and are entitled to practice as advocates from countries where the legal system is similar to that of Nigeria and the Chief Justice of Nigeria is of the opinion that it is expedient for that person to practice as a Barrister for the purpose of the proceedings described in the application.

    Under the Legal Practitioners Act a person shall be entitled to have his name enrolled if, and only if-

    1. a) he has been called to the Bar by the Body of Benchers; and
    2. b) he produces a certificate of his call to the Bar to the Registrar of the Supreme Court of Nigeria.

    At the moment the Nigerian legal market is closed to foreign lawyers from other jurisdictions.

    (ii)  GHANA:

    The Ghana Legal Profession Act, 1960, empowered the General Legal Council to enforce regulations concerning all matters relating to legal education in Ghana.

    The Ghana legal system is based on British Common, customary (traditional) law, and the 1992 Constitution. Article 11 of the 1992 Ghana Constitution identifies the source of Ghanaian law as the Constitution; legislation; existing law; and common law. Existing law is defined as the written and unwritten laws of Ghana predating the current constitution as adapted to conform to the constitution.

    In Ghana, there is no dichotomy between solicitors and barristers. Foreign lawyers are permitted to practice in Ghana provided they have the required qualifications from their home jurisdiction. A letter of good standing is

     

    required from their local bar which must be certified by the General Legal Council. The foreign lawyer must also pass the required examination in Ghanaian Constitutional law and the Customary law of Ghana. Non-Ghanaian citizens are also required to demonstrate seven years post qualified experience (PQE) in a country with compatible legal system. A few Nigerian law firms have already established offices in Ghana.

    (iii)  SIERRA LEONE:

    The Legal Profession in Sierra Leone is regulated by the Legal Practitioners Act, 2000 of Sierra Leone. The Act allows a qualified lawyer to practice as solicitor and barrister upon a written application made to the General Legal Council of Sierra Leone. The application shall be accompanied by two testimonials of good character sufficient to satisfy the Council, copies of qualifying certificates and a certificate that the applicant has served the period of pupilage applicable to him. The application is usually posted up at a conspicuous place in the main law courts building for a period of thirty (30) days inviting objections to the application, if any. Where an objection is received by the Secretary of the Council a day is appointed with summons issued to any interested party to appear before the Secretary for the hearing of the objection. Where an applicant has fulfilled the requirements under the Act and there is no objection pending against his application, the Council may admit the applicant as a legal practitioner in Sierra Leone.

    It is important to note the Council may upon ‘’good cause shown’’, refuse to admit any person to practice law in Sierra Leone notwithstanding that he has fulfilled all the requirements for the practice of law in Sierra Leone. Where admission to practice is refused, the person concerned may apply to the High Court to have the matter reviewed for determination.

     

     

    7.0        CONCLUSION:

     

    Trade liberalization and regional integration have already become a reality in most parts of the world and even in other parts of Africa, with Regional Economic Communities growing from strength to strength. Indeed, it is

    widely believed that regional economic integration is the only way for African countries to survive the negative effects, and collectively, take advantage of the opportunities of globalization. The message for policy makers then is that the elimination of those visible and invisible controls and barriers to the implementation of the ECOWAS trade liberalization scheme as well as Cross-Border Legal Practice (CBLP) will increase investment in the region and thus restructure economic activity towards greater global competitiveness.

     

    As we may all know, there are Medical Doctors already operating on the internet. There are some commercial agreements you can easily download from the internet. The world is already a global village and the best way to overcome the challenges anticipated in opening the Nigerian legal industry to foreign lawyers to practice is to immediately formulate and put in place acceptable, legitimate and reasonable limitations to cross border legal practice in order to protect and shield from competition Nigerian Legal Practitioners until such a time we will be able to compete effectively with our foreign counterparts.

    SYLVA OGWEMOH, SAN, FCIArb (UK).

     

    References:

    IBA Global Cross Border Legal Services Report. www.ibanet.orgWorld Bank (2009), “Negotiating Trade in Services: A Practical Guide for Developing Countries”, International Trade Department, p.2 World Trade Organization, Services: rules for growth and investment’, http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm6_e.htm

    Hustler, M. and D. Primack, 2012. Harnessing Services Trade for Development: A Background and Guide on Service Coalitions in Africa and the Caribbean. Toronto: ILEAP (Background Brief No. 22) p.5. http://www.ileap-jeicp.org/downloads/bb22_background-guide-service-coalitions-africa-caribbean_april12.pdf)

    Florence R. Liu, The Establishment of s Cross-Border Legal Practice in the European Union, 20 B.C. Int’l & Comp. L. Rev. 369 (1997), p.370 Retrieved from http://lawdigitalcommons.bc.edu/iclr/vol20/iss2/7 .

    Terry, L. (2001). GATS’ applicability to transnational Lawyering and its potential impact on U.S. state regulation of lawyers. Vanderbilt Journal of Transnational Law, 34(Issue)p.995. http://www.americanbar.org/content/dam/aba/migrated/cpr/gats/terry_full_vanarticle.authcheckdam.pdf)

    Terry L. A Case Study of the Hybrid Model for Facilitating Cross-Border Legal Practice: The Agreement Between the American Bar Association and the Brussels Bars, 21 FORDHAM INT’L L.J. 1382 (1998) p.1385

    Terry, L (2010) From GATS to APEC: The Impact of Trade Agreements on Legal Services, 43 AKRON L. REV pg.875

    See generally the provisions of Article 3(2)(d) (iii) of the ECOWAS Treaty at http://www.comm.ecowas.int/sec/index.php?id=treaty&lang=en

    For the latest development on the ECOWAS quest to establish the Common market, go to http://allafrica.com/stories/201102220370.html

    ECOWAS and Trade Liberalisation: Challenges and The Way Forward. By Akim, K. A.

    Actualizing the ECOWAS Dream of a Borderless Region: Issues, Prospect and Options. Michael P. Okom and Edem E. Udoaka.

    Implementing Cross Border Legal Practice within the EAC States: A Case of the Legal Profession in Tanzania. By John Seka.

     

     

  • ‘Small’ demolition of a ‘giant’ legal breach

    The culture of demolition of houses in Nigeria since 1999 has left citizens in a vain search for an answer to a constitutionally reprehensible question of whether democracy is actually a better system of government than the various other systems. The practice of democracy in some nations may be a mockery of the much cherished system of government yet to the majority of the civilized nations of the world democracy remains the best system.

    Democracy, especially representative democracy endorsed by the Nigerian State, gives every citizen a voice through his elected representatives at all tiers of government. The bedrock of democracy is the rule of law which abhors the rule of force and any act which does not conform to the due process of law. The constitution which is the grundnorm donates a right to citizens and all persons in section 44(1) thus:-

    “No moveable property or any interest in an immoveable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for the purposes prescribed by law that, among other things-

    (a) Requires the prompt payment of compensation therefor, and

    (b) Gives to any person claiming such compensation a right of access for the determination of his interest in the property and the amount of compensation to a court of law or tribunal or body having jurisdiction in that part of Nigeria.”

    Whether our political office holders are mindful of the rights guaranteed by chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the freedom attached to the rights which are only circumscribed by the constitution is yet to be seen. It appears that in Nigeria might is still right and “Their Excellencies” believe that government can do no wrong or perhaps they are too busy to even look at our laws including the constitution of Nigeria the provisions of which they swore to uphold.

    The consistent demolition of buildings in Nigeria without recourse to the due process of the law is a violent violation of the social contract our political office holders have with the people. Many atimes, the demolition gang will not even allow owners or occupiers of houses to evacuate their moveable belongings from the buildings before pulling them down. Demolition has sent so many souls to their early graves, rendered thousands of families homeless and created serious apprehension in the minds of many as to what will become the fate of their house any time at the pleasure of the public chief executive officer.

    Between 2003 and 2007 the Federal Capital Territory witnessed the worst litany of cases of demolition of buildings under the then government. The government gave plausible reasons, such as clearing structures from sewage lines, to maintain the statutory distance from electricity high tension, to remove structures from road corridors, to remove structures not approved by the development control authority among other reasons. Sadly, the victims of the demolition were not accorded fair hearing before their houses were pulled down. Those who went to court had their houses pulled down irrespective of the pendency of their suits and it was a huge frustration of station for the victims. Judgments of court of competent jurisdiction were not obeyed and it was a situation of anarchy in the Federal Capital Territory but the big men never gave a hoot.

    The situation in Abuja went the way it did then because of the legal status of Abuja. From the enactment of the Federal Capital Territory Act on the 4th of February, 1976 the area comprising the Federal Capital Territory absolutely vests in the Federal Government of Nigeria. Section 1 (3) of the Federal Capital Territory Act provides:-

    “The area contained in the Capital Territory shall, as from the commencement of this Act, cease to be a portion of the States concerned and shall henceforth be governed and administered by or under the control of the Government of the Federation to the exclusion of any other person or authority whatsoever and the ownership of the lands comprised in the Federal Capital Territory shall likewise vest absolutely in the Government of the Federation.”

    With the above provision, the Federal Capital Territory became for everybody and for nobody. (Credit to PMB). It then follows that the sentimental and emotional attachment to states by indigenes of the states became inapplicable to Abuja. Those whose houses were demolished in Abuja at the time, painful as it was, took solace in the fact that they had other houses in their states and those who did not, began to erect structures in the states believing that they would be more secured. Taking the demolition culture to the states the same way it plagued Abuja may not be as easy as in nobody’s Abuja, but to Kaduna goes the demolition bulldozer.

    The just concluded election saw the APC come into power with a ‘change’ slogan that rocked Nigeria like a wildfire culminating in a near total victory for the party in the North of Nigeria. The enthusiasm that greeted the victory of the APC in the centre and the states was unprecedented.

  • The LearnedFriends holds first Digital – Legal conference

    Plans by Nigeria’s fastest growing Legal professional network, the Learnedfriends.com to host her maiden edition of the E-Legal Conference 2015 has been concluded.

    The conference is scheduled to hold at 10 a.m. on  July 9, at the Arbitration Center, Lagos High Court, Igbosere.

    The theme for the conference is:  Tomorrow’s Legal and the primary objective is to provide thought leadership for the Legal industry on ICT solutions. Key players in the ICT and Legal industry from around the world will enlighten delegates on the latest enabling tools and software developed for today’s Law Practice.

    Expert speakers include Mark Slade, British CEO Ringier Digital Marketing; Senibo Bara-Hart Legal Adviser, Samsung – West Africa and Azubuike Ezenwoke, Dean-Student Affairs, Covenant University. Barrister Alex Mouka, chairman of the Nigerian Bar Association (NBA) Lagos branch will inaugurate the conference as the keynote speaker.

    Those expected to participate in the E-Legal conference include Policy and legal professionals, paralegal professionals and ICT professionals.

    TheLearnedFriends.com is an online news aggregator and social media platform focused on showcasing technological innovations in the legal sector. Her mission is to generate commercial value for Law people by leveraging on Information and Communications Technology

     

  • Judiciary workers threaten legal action

    Judiciary workers threaten legal action

    The Judiciary Staff Union of Nigeria (JUSUN) has vowed to institute a legal action against state governments that have not implemented the Federal High Court, Abuja verdict that granted financial autonomy to the judicial sector.

    JUSUN President, Comrade Marwan Mustapha Adamu, made the threat after an emergency meeting of its national officers, saying the union has notified its lawyers to approach the court to freeze the accounts of defaulting states.

    Speaking on the union’s ongoing strike in some states in the country, Adamu said the strike will continue alongside the intended court action, stating that the suspension of the strike in Enugu, Niger, Kogi, Jigawa, Kano, Katsina, Kebbi, Delta and Bayelsa followed compliance of union’s demands by the governments.

    JUSUN suspended its nationwide strike recently following a memorandum of understanding reached with the Federal Government, but directed state chapters not to do so until an understanding is reached on the implementation of the court judgment.

    Adamu lamented the decision by the Jigawa State Government to withhold the January salary of its members, saying that the union would use all legal channels available to challenge intimidation of its members and ensure that Nigeria’s labour laws are respected.

    “States facing various threats and intimidation from their state governments, including non-payment of salaries, are to continue with the struggle as the union, among other opinion is considering taking appropriate legal action to address each case on its merit.

    “State branches are not to submit the struggle to the whims and caprices of the Nigerian Bar Association (NBA) chairmen, such as in Abia which has arrogated to themselves the power to determine conditions for suspending the strike. Any strike suspended without due process shall be nullified by the national headquarters of JUSUN.

    “The union remains focused and will take all appropriate legal steps to enforce its resolutions on the strike for the implementation of the constitutional provision of judiciary autonomy confirmed by the court judgment of 13th January, 2014,” he said.

  • ‘Difficult legal jargons out of fashion’

    The use of complicated legal jargons in agreements and other documents which the layman cannot understand has become out of fashion, a lawyer, Mr Chinua Asuzu, has said.

    According to him, modern legal writing, even for law making, should be in simple, everyday English.

    Asuzu, who is the Chief Executive Officer of the Write House, said bank accounts, insurance policies and documents for registration of firm should be simplified.

    Speaking at the end of a three-day legal-writing workshop for lawyers and judges in Lagos, Asuzu said the training curriculum in  the universities should be reviewed to provide for simple English in legal writing.

    “The use of plain English has practical importance for a society like Nigeria. National Assembly laws are not made for lawyers alone but for all Nigerians so a high school graduate should ordinarily understand the language in which it is written.

    “Something like a court judgement, the resolution of a dispute should also be written in plain English and devoid of legalese and verbose words that will confuse the readers,” he said.

    Such simple communication, Asuzu believes, will greatly enhance democracy, transparency and access to information, adding that it is not only lawyers who sign documents.

    “It is unfair to for the law to say that a legal document should only be signed by lawyers because a person should be able to understand what the document entails and does not necessary have to hire a Lawyer.”

    A participant at the workshop, Benedict Oragbemeh, said the Write House training is revolutionising the way lawyers, judges, professionals, and others write through its ‘Plain-English movement.’

  • Firm launches legal research tool

    An information technology firm, Law Pavilion has launched a product – the Solitior’s Toolkit.

    The software developers unveiled the product at the International Bar Association (IBA) conference in Tokyo, Japan.

    The firm was the official ICT partner of the Nigerian Bar Association (NBA) at its Annual General Conference held in Owerri, Imo State, in August.

    The producers said the Toolkit is a user friendly software containing all the information required by lawyers in Nigeria.

    Its appeal is not only local, but international as it serves as a veritable tool for any current or potential foreign investor seeking to know the laws, regulations, guidelines, government policies, agreements and judgments of the courts especially, those of the Federal High Court and National Industrial Court on business in Nigeria.

    The solicitor’s Toolkit is  described as “one product” aggregation of industry relevant solutions and an innovative all-in-one powerful research engine for solicitors and in-house counsel. It is a comprehensive guide, which aims to assist users to be more effective in performing their duties and providing best services with all the required knowledge and information at their disposal.

    The “Solicitor’s Toolkit (STK)” software contains current and correct regulations, guidelines, policies and public notices from various regulatory bodies such as the Directorate of Petroleum Resources (DPR), Federal Inland Revenue Service (FIRS), Corporate Affairs Commission (CAC), Nigerian Communications Commission(NCC), Central Bank of Nigeria (CBN) etc.

    It also contains updated and current Laws of the Federal Republic of Nigeria up to 2014, reported cases of the Federal High Court and the National Industrial Court, annotated forms and precedents with relevant cases, statutes, regulations or guidelines related to such precedent, and a super-fast search engine, which searches through all the contents to bring back concise and comprehensive results.

    The Managing Director of LawPavilion, Mr.  Ope Olugasa said: “The principal goal of LawPavilion is to continue to act as a partner to the Nigerian legal industry by developing ICT products for the legal practitioner as a judge, advocate or solicitor.”

    The company, he said, is resolute in its drive to empower professionals through its innovative and user-friendly products, excellent customer service and integrity.

    Case Management Solution and Court Management Solutions recently introduced into the market, according to him, were targeted at all strata of the legal community, such that lawyers and judges can have access to all records of their cases on selected mobile devices, thereby eliminating the inability to work due to absence from the office or court.

    The company’s products, he said, are the results of extensive research and deliberations with relevant stakeholders in the legal industry to ensure that their most pressing needs are taken care of through the use of technology.

    He also hinted that the company is already in talks with many device manufacturers to introduce and offer an inexpensive package, which would enable legal practitioners purchase ICT devices for their official and personal use and thereby promote the adoption of ICT by the entire legal industry in Nigeria.

    Appraising the product, a former President of the NBA, Dr. Olisa Agbakoba (SAN) said: ”They are fantastic. When I came into the exhibition stand and I saw Law Pavilion, as a Nigerian, I  was very  proud of the guys behind it. This is because I have worked with them, patronised them and have virtually all their products. And it is a good thing that NBA continued what I started in Singapore when I introduced exhibition stand. What you are seeing with Law Pavilion is an expression of how people outside perceive Nigeria. So what I need to see at the next conference in Austria, Vienna is a Nigerian stand and not just Law Pavilion so we can be proud to be noticed in the highest gathering of lawyers in the world.

    Another senior lawyer, Joe Kyari-Gadzama (SAN) said: “For the first time we have a local entrepreneur showcasing us to the world. Trying to tell the world that yes,  we can do as much as  you do and can even  do better. It is a thing of joy to all of us because it is an inspiration and we need to encourage one and others and I am proud to identify with Law Pavilion”.

    The Director-General, Nigerian Law School  Dr. Olanrewaju Onadeko said: “I am happy for Law Pavilion because it is one of the visible organisations that deal with law. They are doing fine in that area and portray Nigeria here very well. Although there are many of them in Nigeria, but to be here and present Nigeria to the world is a great achievement.”

    Another senior advocate, Rickey Tarfa (SAN) said: “Law Pavilion is one of the few things that are working well in Nigeria. When I got here and saw Law Pavilion, I became very  proud as a Nigerian. And if we have such an outfit competing favourably with others in the world, and have exhibition to showcase Nigeria to the outside world, I think every Nigerian especially, lawyers among us should encourage them.”

    For the former General Secretary of the NBA, Ibrahim Eddy-Mark, ”Law pavilion is doing its best as a private initiative, we are proud of them as they do their best to showcase the best of Nigeria to the rest of the world.  It shows the ability of the private sector to drive the economy with high sense of  creativity. The ingenuity is there and their competence is not in doubt. I think they have done their best and we Nigerians should encourage them.”

    Former Attorney-General and Commissioner for Justice, Ekiti State, Mr. Wale Fapohunda, said Law Pavilion is a firm the nation should be proud of.  “Law Pavilion, I am very proud of them. When I served as Attorney-General, we had a lot of engagements with them. They also help in training some of our lawyers. So it is good and this is one of those laudable interventions we need in showcasing ourselves to the outside world,” Fapohunda said.