Tag: practise

  • ‘Let’s practise true federalism’

    United States-based Nigerian university teacher, Prof Toyin Falola, has said true federalism is the panacea for the various agitations across the country.

    He said it would douse the tension threatening the nation’s stability.

    Falola, a lecturer in History at the University of Texas in Austin, recalled that in 1950s the constitution allowed each region to grow at its pace, control the resources within its jurisdiction and pay royalty to the Federal Government and established institutions, such as state police.

    He likened the federal system of government before the advent of military rule to the United States of America (U. S. A) model where states have police and agencies.

    The expert said the Federal Government in the U. S. A legislates on defence, immigration, currency and foreign policy, as spelt out in the constitution.

    Falola, who spoke yesterday in Lagos, noted that Nigeria as a plural society should share power in a way that the nation would not fragment.

    According to him, no responsible government would allow the disintegration of the country under its watch.

    He said: “Restructuring is not a new phenomenon in this country. When the Independence Constitution was being drafted, a question came up: should we allow people to secede? The former Western Region Premier, the late Chief Obafemi Awolowo, said yes. But Nigeria’s first President, the late Dr Nnamdi Azikwe and the North said no. The minorities in the Southeast and the North were worried because they knew if secession was allowed the Igbo and Hausa/Fulani would dominate them.

    Falola said: “Restructuring started immediately after independence. The late Isaac Adaka Boro set up a small army and wanted to declare Niger Delta Republic. When General Thomas Aguiyi-Ironsi took over power, he embarked on restructuring by introducing unitary system of government through the promulgation of decrees.

    “In 1967, Emeka Odumegwu-Ojukwu, a Colonel, declared secession through the proclamation of the State of Biafra. That led to the civil war that ended in 1970. The argument of the military in the 1970s was that centralisation of power would prevent a civil war.”

    He noted that the military’s concentration of power at the centre eroded the principle of federalism, which allows for fiscal federalism.

    The resources meant for developmental projects, the expert said, were diverted to private pockets, thus making many components to start complaining of being marginalised.

    Falola noted that Nigeria runs the system in a way that causes crises.

    He wondered why some people still clamour for new states when most of the states, exempt Lagos and Rivers, are not viable.

  • How to practise in multi-jurisdictions

    How to practise in multi-jurisdictions

    In the case of professional qualification requirements, any division of the Bar in the country may admit a legal professional practising outside the country to practise in South Africa provided the person has been admitted as an advocate in a designated country, resides and practises as an advocate in that country, is fit and proper to be admitted, and, has no disciplinary proceedings pending or contemplated against him or her. Namibia, Nigeria, Zimbabwe and Lesotho are the only countries that have been designated countries in terms of this particular provision. Advocates from these countries may be allowed to practise across border in South Africa. It is pertinent to note that this provision constitutes a violation to MFN treatment obligation because it is not applied in a non-discriminatory manner to all other WTO member states and has not been listed as an exemption.

    East African Community States (EAC)

    As regards the EAC partner states, they have agreed that the opening of their service sectors within the common market would be progressive. Burundi has agreed to liberalise its legal services by eliminating all market access restrictions by 2015; Kenya agreed to liberalise only the legal advisory and representation services in judicial procedures concerning other fields of law; Rwanda agreed to liberalise its legal sector by 2010; Uganda agreed to fully liberalise its legal sector by 2015 while Tanzania didn’t make any commitment with regard to legal services.9

    At the moment, the East Africans are debating the EAC Cross Border Legal Practice Bill, 2014 at the East African Legislative Assembly as at March, 26, 2015. According to the report, the East African Law Society and National Law Societies in the EAC acknowledge the need for the enactment of an EAC Cross Border Legal Practice law to facilitate provision of cross border legal services within EAC, to harmonise legal training and certification, provide common standards and rules to regulate cross border legal practice and facilitate free movement of legal services. Presently in EAC, lawyers are confined to practising within their countries, a situation that hampers them from taking advantage of cross-border opportunities even in instances where there are shortages of skills.

     

    Ghana

    In Ghana, the legal profession allows a qualified lawyer to practise as either a solicitor or a barrister. Foreign lawyers are permitted to practise in Ghana provided they have the required qualifications from their home jurisdiction, a letter of good – standing from their home bar which must be certified by the General Legal Council. The foreign lawyer must also pass the required exam 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 a compatible legal system.

     

    The Qualified Lawyers Transfer Scheme (QLTS)

    A recent innovation to enhance cross border practice is the Qualified Lawyers Transfer Scheme. The Qualified Lawyers Transfer Scheme (QLTS) allows lawyers qualified in foreign jurisdictions to requalify as solicitors of England and Wales. This is a fast-track route to qualification with no experience or training contract requirement. There are now numerous important business centres around the world in which many of the negotiations and transactions are governed by English law. Consequently, there is an increasing demand for locally based, dual-qualified lawyers who can provide English cross jurisdictional as well as local legal advice.10

     

    Issues arising from mobility of Lawyers /cross border practice

    When lawyers practise law in countries in which they are not licensed, problems of varying degrees and magnitude are bound to arise. It is intended to examine some of those problems as they apply to the African continent. By way of a preface, it has been argued in some quarters that it is a violation of the rules of ethics and that the reason why many lawyers do not consider it risky to engage in some or all of this conduct is that the rules prohibiting multijurisdictional practice are not well defined and is almost entirely unenforced. However, since multi-jurisdictional practice is now a reality the tendency of foreign counsel is at times to operate in host countries outside his home jurisdiction very freely.

    Since the practice of law is not confined to litigation, but extends to activities in other fields which entail specialised legal knowledge and ability, there is usually an encroachment into the provision of legal services by other professions i.e. Estate Surveyors, Accountants. Etc.  Now, the line between such activities and permissible business conducted by non-attorneys is unclear.  Because of this ambiguity, what is, and what is not, the authorised practice of law is best decided in the context of an actual case or controversy.

    Again, new areas of law and regulations have created whole new fields for legal services, many transactions have become significantly more complex, the effects of which are not in the contemplation of existing laws of jurisdictions that act as host to foreign lawyers not licensed to practice there. There is, therefore, a need for a constant revision of local domestic laws so as to keep pace with developmental advances in the legal profession brought about by the rapid advances propelled by globalisation.

    There is therefore a need to admit that there are indeed problems posed by or associated with multi-jurisdictional practice in Africa. The most apparent being the uncertainty of legal rules governing the process. Equally engaging are incidences of professional misconduct committed by foreign counsel while operating outside the jurisdiction that ordinarily has the power to discipline them. Proffering solutions to the issue, American contributors to the issue suggested the European Union solution to the discipline of lawyers engaged in unethical practice outside their own shores and identified the issues thus:

    “In thinking of solutions to problems posed by multi-jurisdictional practice in this country, it is instructive to consider the approach taken by another large federal system. The European Union consists of fifteen countries bound together by a series of treaties. (It styles itself a “union” and avoids use of the word “federal”.) The EU nations, of course, are highly developed economically with much cross-border activity, and the problems of multi-jurisdictional practice by attorneys are quite familiar there. Each country, of course, regulates practice within its borders and some of them in the past did much to hinder the cross-border practice of law; this hindrance closely resembled the practice of states in this country. Because those cross-border restrictions were inconsistent with the EU’s strong commitments to open markets and the free movement of workers, the EU authorities, backed by the European Court of Justice, whittled away at them. Finally, in 1998, the EU adopted Directive 98/5 (OJ 1998 L77/36) to deal with the situation directly.”

    The manner in which the EU dealt with the problem is best expressed in the words of the learned contributors thus:

    “Under that Directive, an attorney licensed to practise in one member state is entitled to practise law in any other member state. He may do this on a permanent basis, although he must practise under his home-state title ( e.g., “solicitor”) and register with the host-state authorities. The attorney may give advice on both host and home state law, international law, and on EU law. Attorneys so practising are subject to the disciplinary rules of both the home and host authorities. An EU attorney who practises continuously in a host state for at least three years can gain admission to its bar without further examination and use the proper host-state title for his practice. The benefits of the new EU process are quite apparent to clients and attorneys alike. What is interesting to an American observer is the belief by the EU lawmakers that, when it comes to regulating the practice of law, the 15 member states have much more in common than their sometimes quite different legal systems would suggest. Thus, the benefits to clients in terms of better service and the benefits to attorneys that come with increased mobility significantly outweigh the possible costs of not being sufficiently grounded in a particular legal culture. It may be time for Americans to consider emulating the lawyers of Europe.”

     

    The need to address all categories of  Lawyers Altertanative Dispute Resolution

    There is a raging controversy as to whether alternative dispute resolution actually constitutes the practice of law. The writer holds the preliminary view that it does, notwithstanding the fact that ADR is engaged in by persons from other professions i.e. engineers, accountants, valuers etc. This is because the advocates who participate with their clients in a form of ADR in seats or venues outside their home jurisdictions for purposes of neutrality are actually engaged in the practice of law in the multi-jurisdictional sense. This is so as ADR has a positive effect on the legal profession and its success in promoting peaceful settlement of claims impacting on rights qualifies it as multijurisdictional practice of law.

    As regards professional misconduct of lawyers in International Arbitration some of the potential disciplinary measures as prescribed by local jurisdictions include issuing an admonition, reprimand or other type of warning. Fines and occupational bans have also been suggested. In some jurisdictions counsel assume civil liability towards the client in case counsel is guilty of a breach of the contract between it and the client and if such breach caused a loss to the client. While most countries observe that the breach of an ethical rule may not per se qualify as a breach of contract. In France ethical misconduct is likely to constitute breach of contract. These by admission are remedies provided by different nations in the exercise of their individual legislative control over the profession. The IBA has made model recommendations, which can be adopted by willing stakeholders although it has been argued that Guideline 26 of the IBA Guidelines might enhance liability risks for counsel, as it allows the Arbitral Tribunal to sanction a party for ethical misconduct of its counsel.

     

    Litigators

    Litigators are the only set of lawyers that have explicit restrictions to practise law in other jurisdiction. For instance, a Nigerian trained Barrister cannot litigate in a court of law in Scotland except he is authorised by the relevant domestic laws to practise law in Scotland. However, in the United States there are circumstances in which lawyers who are admitted only in one state may be admitted pro hac vice to conduct litigation in another State. A pro hac vice is a legal term usually referring to a lawyer who has not been admitted to practise in a certain jurisdiction but has been allowed to participate in a particular case in that jurisdiction. This process is helpful in two ways. On the one hand, it allows the client to use a particular lawyer of the client’s choice even if the lawyer is not admitted locally. On the other hand, it creates a safe harbor for the lawyer who is admitted pro hac vice and who therefore need not be concerned about engaging in unauthorised practice in the same manner as multi-state business transaction lawyers. Nonetheless, this does not mean that the present system is ideal or even adequate from the point of view of courts, clients, litigators or the public interest14.

     

    Corporate Counsel

    The problems facing in-house counsel are probably the most severe. As a result of globalisation corporations expand or relocate frequently.The effect of this is that corporate counsel is often required to move with them to other jurisdiction to provide legal services. If not required to actually move, counsel is often required to handle the many global matters facing the modern day corporation…

    The fundamental question this raises is whether this set of counsel can practice law in such foreign jurisdictions. For instance if a Company in England moves to Nigeria can the in-house Counsel practice law in whatever form in Nigeria having not been enrolled to practice in Nigeria…

  • ‘We practise what we preach’

    ‘We practise what we preach’

    One year after Timothy Oguntayo became the Group Managing Director/Chief Executive Officer of the Skye Bank, he has recorded some giant strides, chief among which is the acquisition of Mainstreet Bank Limited, a move, analysts believe, will better position Skye Bank among the top six mega banks in the country. In this interview with Ibrahim Apekhade Yusuf, he speaks on the new status of the bank, challenges and prospects in the banking sub-sector in general, his management style, to mention just a few. Excerpts: 

    Update on Mainstreet acquisition

    We just carried out the acquisition of Mainstreet Bank Limited. By that acquisition, Skye Bank is now positioned to become one of the top mega six banks in the country.

    In our new status, we will be placing great emphasis on retail and commercial banking ultimately to ensure the growth of healthy deposit mix. Our new business strategy will also allow the bank to reduce the volume of public sector deposit and term deposit at its disposal for enhanced profitability and business sustainability.

    The acquisition of Mainstreet Bank has helped create synergies between the two banks. Considering Skye Bank’s competitive edge in the industry, we hope to leverage on this to deliver quality customer service and high returns to our shareholders.

    Besides, I can assure that the acquisition would help Skye Bank optimise cost, invest heavily on information technology, as well as pursue aggressive expense control.

    The mergers of both banks would be as seamless as possible. Within the next few months, we hope to put measures in place to further grow our balance sheet as well as create value for our shareholders.

    Building relationship with investor stakeholders

    We hope to place emphasis on building more synergies of cooperation, which is why I think our interface and discussion session with stockbrokers group and other stakeholders in the capital market is very timely. It is a very good forum and opportunity for us to share information on what we’re doing at Skye Bank. The questions raised are very relevant. I think it has also shown to us that the market is yearning for information and it is ready to invest in our business so long as they get the right information.

    The great lesson here is that if we reach out to the market, they are willing to accept us and that gives them the opportunity to have access to the genuine information about Skye Bank.

    What we have seen in the past is that people speculate about what’s happening at Skye Bank and I won’t blame them because we had not reached out to the market as much as we should.

    Going forward, we will do more of these. One of the things we have observed is that the market is very receptive to the acquisition of Mainstreet Bank by Skye Bank. We see a lot of values and that also reinforces our conviction in going to that acquisition.

    Challenges in the banking sub-sector

    The banking sub-sector experienced some turbulent times last year, considering the deluge of regulations from the regulatory authority. The CRR was increased, among others. Some of the policy initiatives in place are skewed in favour of foreign banks, such that the foreign banks will be coming to take business from Nigeria banks. The only way we can move around it is to form alliances…So banks that have the ability to spot deals and package then can succeed.

    Managing credit crunch in the

    system

    One of the things you notice in an uncertain environment like ours is to be cautious. We are going to be cautious of those accessing loans until we see a clear direction beginning from after the election and then see how the oil prices volatility will get to, it will be difficult to take some credit decision. But we will not fold our arms, we will continue to support our customers, especially those already in our books. We may not take on new gigantic projects for now. But we are working and making sure we meet all our regulatory requirements issued by the CBN from time to time.

    As a responsible corporate citizen, we will always comply with regulations from the apex bank.

    Innovation by Skye Bank thus far

    At Skye Bank, we are strong on innovation. We are probably the first bank in the country to come up with the customer service charter, which we have since documented at the Consumer Protection Council. Even an independent body, KPMG, also certified it to be unique in the industry. We have been commended from various quarters for this particular innovation.

    In preparation for our mega size, we have invested heavily in ICT. To grow our deposit base, we also introduced direct sales agents, who are not full staff but are placed on commission depending on what they bring into the table. Through that, we were able generate over N2.5billion between September last year and December. We hope to leverage on this going forward. We plan to go to the market to improve on our capital adequacy ratio.

    Management style as GMD/CEO one year after

    At the risk of sounding immodest, I can say we have not done badly thus far. Well, for me, I believe leadership is by example. That’s the best way to go.  What you say, you do it. What you want people to do, you do it.  You’re transparent, open. We have an open-door policy at Skye Bank. You can join the bank yesterday, if you need to see the MD, you can see him. If you need to write an email to the MD, you don’t need protocol; you can write. Even if you’re a contract staff, you have access to the MD. And it has helped because some suggestions come from very low level staff and if you shut yourself up as the boss that only staff of certain grades can interface with you, then you will be losing quality advice and suggestions which could help grow the fortunes of the business ultimately.

    As I said, I like to lead by example. I mean it’s not through what I say and not what I do, because what you preach you must do. Okay, if you want people to be up and doing, then you also must be up and doing; you want people to be professional in what they do, you also need to be professional yourself. I maintain an open access, staff from all cadres of life from the most junior have access to me, phone, email whatever and whenever, and I encourage free flow of communication.

    You know like parents telling their child don’t lie, but you are lying in front of your child, he is going to believe what you do more than what you say, you know; so that’s my philosophy in life. You must be a practitioner of what you say, and I think with that there should be no problem.

    Staff motivation

    Well you know motivation is a two-way thing, how do you motivate your staff to do better, how do the staff motivate the bank to do better? I think one of the things we will do or we have started to do is ensure we reward performance. All of these things boil down to performance, if staff perform at the optimal level, the bank will make profit, then the ability to pay better salary, the ability to pay bonus and the ability to take care of the welfare needs of the staff is a lot better. Recently, we have reviewed our salary package and we have announced that to the system. A number of people that were due for promotions have been announced; we have also introduced some extra welfare packages to our staff.

    But that’s the first step. The second step is also to ensure that the reward system is transparent, effective, therefore if there are three or four of us, it should be clear to see who is performing and who is not performing. So that the day you want to reward either by monetary compensation or by promotion, it should be obvious to all of us. I mean nobody would want to admit that he is not a performer, but within his heart he should know that ‘oh this guy is a better performer than me.’ So that’s what we will do; we will make sure that our reward and appraisal system is open and transparent, and then the reward is also given on timely basis.

    Performance-oriented

    What we do regularly is that at the beginning of every term, we set the benchmark for performance. We let you know what you’re supposed to do and then we measure you in a very open and transparent manner. So, you know yourself whether you’re performing or you’re not performing.

    And since this is a business, if you have a staff that is not performing in spite of all the support, then, of course, you part way in a friendly manner.

    But what we also do is to train people. We train them, we expose them. We coach them. We get senior people to go out with them from time to time so that they can learn how to do these things. And if they come across a business that may be because of their level, they need to go with senior people, the senior people will go with them. So, we give them all the support that would let them perform. But you know sometimes you do all of these things, it doesn’t work in few cases. Of course, we’re in business to make money. So, we need to bring in fresh blood into the system.

  • OPERATION CRUSH KENYA: Eagles practise free-kicks, shooting

    OPERATION CRUSH KENYA: Eagles practise free-kicks, shooting

    Nigeria’s Super Eagles’ training session at the U.J. Esuene Stadium, Calabar took a more serious approach Thursday as the squad continued their preparations for Saturday’s 2014 World Cup qualifying match against Kenya’s Harambee Stars.

    The session which witnessed a heavy presence of Calabar fans at the stands had all the invited players in action, with Head Coach, Stephen Keshi directing affairs as the boys embarked on tactical training including free-kick and shooting exercises.

    Interestingly, while the likes of Victor Moses, Ogenyi Onazi, John Ogu converted their shots easily, the likes of Godfrey Oboabona, Brown Ideye, Uwa Echiejile found it tough to beat Austin Ejide, Chigozie Agbim and later Vincent Enyeama.

    The Eagles are expected to return to the U.J. Esuene Stadium by 8.00am this morning after observing a time off from training on Thursday evening.

    However, the Keshi-led technical crew will attempt to put finishing touches to their preparation ahead of Saturday’s encounter during this morning’s session.

    Meanwhile, the Harambee Stars of Kenya who arrived the Cross River State capital yesterday, will be having their first feel of the match venue by 4.00pm today.