Legal Business – Businessday NG https://businessday.ng Tue, 10 Nov 2020 19:00:45 +0000 en-US hourly 1 https://wordpress.org/?v=5.5.3 185697343 Tambuwal tasks African lawyers to fight arbitrariness in governance https://businessday.ng/legal-business/article/tambuwal-tasks-african-lawyers-to-fight-arbitrariness-in-governance/ https://businessday.ng/legal-business/article/tambuwal-tasks-african-lawyers-to-fight-arbitrariness-in-governance/#comments Tue, 10 Nov 2020 18:56:13 +0000 https://businessday.ng/?p=490850 Sokoto State Governor, Aminu Tambuwal, has harped on the need for African lawyers to fight against arbitrary exercise of power by elected leaders on the continent. The Chairman of the Peoples Democratic Party’s Governors Forum gave the advice when he delivered a keynote address at the 2020 Virtual Conference organised by the African Bar Association […]]]>

Sokoto State Governor, Aminu Tambuwal, has harped on the need for African lawyers to fight against arbitrary exercise of power by elected leaders on the continent.

The Chairman of the Peoples Democratic Party’s Governors Forum gave the advice when he delivered a keynote address at the 2020 Virtual Conference organised by the African Bar Association (AfBA) in Niamey, Niger Republic.

He challenged lawyers to ensure that right policies were put in place to engender effective business support, capacity building, imbibe technology and product innovation as well as access to sufficient financing of Small and Medium Enterprises (SMEs).

This, he noted, would improve employment generation, enhance productivity, and promote social inclusion.

According to him, it is the time to insist that every state in Africa must be governed according to the wishes of the people and dictates of the Constitution.

He said, “As lawyers, who are trained to promote the rule of law and ensure that the society is governed in accordance with the laws, we have a responsibility to speak out on the side of the people.

“For far too long, our continent has continued to lag on all known indices of human development.

“Yet after over 60 years, after political independence, Africa ought to have made the desired impact. Regrettably, we have continued to wallow in economic underdevelopment”, he said.

Speaking on the theme, “Resetting Africa`s Socio-Economic and Political Agenda in Post Covid-19 Era,” Tambuwal said there was the need to reset the agenda of the continent to align with the current socio-economic and political realities.

He added, “The new political agenda, in my considered view, should focus on democratisation and human rights.

“The rule of strong men and military dictatorship which was the hallmark of leadership for an exceptionally long time in our continent did not lead to sustainable progress.

“It never advanced the fortunes of our people. Rather, it took us several years back without any meaningful development to show for it. The world has moved on with democracy and rule of law especially in this age of globalization. We cannot afford to be left behind.”

Noting that the COVID-19 pandemic had affected progress made towards integration and harmony, Tambuwal said, “How we respond as a continent will determine how quickly we will get back on track, failure of which we risk reversing the gains achieve over the years”.

He added, “This presents an opportunity for the continent to recommit itself to the path of sustainable development goals. African lawyers must lead, must strive to make Africa a free a democratic, continent, a just and egalitarian society, and a land full of opportunities for citizens”.

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Knocks, kudos as Buhari proposes judiciary reforms at NBA confab https://businessday.ng/legal-business/article/knocks-kudos-as-buhari-proposes-judiciary-reforms-at-nba-confab/ https://businessday.ng/legal-business/article/knocks-kudos-as-buhari-proposes-judiciary-reforms-at-nba-confab/#respond Sun, 30 Aug 2020 01:10:44 +0000 https://businessday.ng/?p=452294 Buhari lists achievements at retreat, says reforms painful but good for economyPresident Muhammadu Buhari’s proposal for the reform of the nation’s judiciary has continued to elicit reactions among lawyers and Nigerians. Buhari, who spoke at the virtual 60th Annual General Conference of the Nigerian Bar Association (NBA) last Wednesday, with the theme, ‘Stepping Forward,’ had proposed several adjustments to the law among which is that the […]]]> Buhari lists achievements at retreat, says reforms painful but good for economy

President Muhammadu Buhari’s proposal for the reform of the nation’s judiciary has continued to elicit reactions among lawyers and Nigerians.

Buhari, who spoke at the virtual 60th Annual General Conference of the Nigerian Bar Association (NBA) last Wednesday, with the theme, ‘Stepping Forward,’ had proposed several adjustments to the law among which is that the judiciary should put a 12-month time limit on the hearing of criminal cases from the High Court to the Supreme Court, while all civil cases should be concluded within 15 months.

According to him, “At the end, I lost all three cases. I wondered then, why it needed to take so long to arrive at a verdict and if I had won the case, someone who did not legitimately win the election would have been in office all that time.

“In 2019, I was no longer petitioner; I had now become a respondent in the case of Atiku and Buhari and the whole process took barely six months; just over six months. What was the difference?

“The law had changed since my own in 2003, 2007 and 2011. You had now introduced time limits for election petitions. Everything must be done within a six to eight-month period. My question then is why can’t we have a time limit for criminal cases?

”Why can’t we have a rule that will say a criminal trial all the way to the Supreme Court must not exceed 12 months? And why can’t we do the same for civil cases? Even if we say that civil cases must not go beyond between 12 and 15 months. I think that for me is stepping forward.”

There is no doubt that the Nigerian judicial system has been one of the most vibrant and respected on the African continent, having demonstrated exemplary courage in delivering landmark judgments that have changed the judiciary, political and economic landscape of the country.

However, in recent times, the Nigerian judiciary has come under increased scrutiny from the public. Recent events and judgments from the courts and performance from the bar leave-much-to be desired and have further dented the credibility of the judiciary and judicial officers.

These are fuelling agitations for a reform of the sector, especially the time frame for justice delivery in Nigeria.

Also, in recent years, lawyers have continuously questioned the method used in appointment of judges by the National Judicial Council (NJC), which they say, perhaps, was the first step in sanitising the judiciary.

There is the belief in some quarters that the image of the judiciary arm of government is at its lowest ebb.

In recent times also, reports of corruption acts among judges have become rife, while conflicting judgments in some cases have not helped matters.

Just like President Buhari said, a recent example is the different judgments and interpretations given by some law courts in the All Progressives Congress (APC) national chairmanship tussle. The kangaroo judgments being procured against some Nigerians, politicians and their parties have not helped the image of the judiciary.

Recall that in an attempt to check corruption acts in the judiciary in 2016, the state Security Service raided the homes of some senior Nigerian judges in Abuja, Port Harcourt, Gombe, Kano, Enugu and Sokoto States.

The DSS had said the operation was ordered after months of investigations, during which the secret police established credibly that the affected judges were involved in questionable financial dealings.

Lawyers have continuously questioned the method used in appointments of judges by the National Judicial Council (NJC), which they say, perhaps, was the first step in sanitising the judiciary.

However, stakeholders are of the opinion that President Buhari’s suggestions are not new as these proposals have been canvassed at several fora without any concrete move to pursue the judicial reform and enthrone the administration of justice in the country.

“I have called for a reform of the NJC through a constitutional amendment that will remove all serving and retired judges from the council as the presence has only ensured that they have now privatised the judiciary by making it a family institution.

“It is far easier to be a judge without a day’s experience in legal practice if your father or mother was or is a superior Court judge.

“If you do not have that qualifying privilege, you may be the best practising lawyer with the passion of being a judge and still remain an applicant until you are frustrated out of that bid. The room for the rest of Nigerians in the appointment of judges is usually very small just to make it look like a fair game,” Silas Joseph Onu, Esq, former publicity secretary of the Abuja chapter of the NBA said recently.

Senior lawyers have, however, urged President Buhari to move beyond lip-service and put machinery in motion for holistic reforms of the judiciary if there is to be any meaningful change.

Speaking in an interview with BDSUNDAY, lawyer and activist, Idowu Omolegan expressed doubt in the willingness of President Buhari to carry out tangible reforms, saying that he has not shown the willingness since he assumed office.

According to him, “Buhari’s speech to me is like a dog barking without doing anything. Our criminal justice system has been there for a long time, he met it, all the delays in Courts. The problems have been there and the President has been there now for over five years now since he assumed office, he is just calling for reforms, and it should have been one of his cardinal projects.

“If Buhari is serious about what he said, let him make legal changes to implement those policies, not because you are invited to an NBA programme and you are saying it to suit people.

“He is not sincere enough. He should tell us what he is going to do, tell us how he is going to implement them and make changes”.

This view was, however, challenged by John Bayeshea, lawyer and Senior Advocate of Nigeria (SAN), who thinks the President had shown enough desire for reforms and changes in the judiciary, stressing that much of the work lies with the National Assembly and the NBA.

“It is good in the sense he is calling for judiciary reforms and how long cases stay in Court. The practicality of the issue is the problem but the general content of the address is very good.

“They should bring bills, I believe the President would sign; the areas he has input is the appointment of Justices; I know there are a number of recommendations on his table he has forwarded them to the Senate.”

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JUST IN: Olumide Akpata sworn In as Nigerian Bar Association president https://businessday.ng/legal-business/article/just-in-olumide-akpata-sworn-in-as-nigerian-bar-association-president/ Fri, 28 Aug 2020 12:36:56 +0000 https://businessday.ng/?p=452339 Templars partner and former chairman of the Nigerian Bar Association Section on Business Law (NBA-SBL), Olumide Akpata, was on Friday officially sworn in as the president of the  NBA at the just-concluded Virtual Annual General Meeting of the Bar. The swearing-in was done by the outgone NBA president, Paul Usoro, a senior advocate of Nigeria […]]]>

Templars partner and former chairman of the Nigerian Bar Association Section on Business Law (NBA-SBL), Olumide Akpata, was on Friday officially sworn in as the president of the  NBA at the just-concluded Virtual Annual General Meeting of the Bar. The swearing-in was done by the outgone NBA president, Paul Usoro, a senior advocate of Nigeria…

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Bar leader calls on Buhari to utilise executive orders more https://businessday.ng/legal-business/article/bar-leader-calls-on-buhari-to-utilise-executive-orders-more/ https://businessday.ng/legal-business/article/bar-leader-calls-on-buhari-to-utilise-executive-orders-more/#respond Wed, 26 Aug 2020 16:37:04 +0000 https://businessday.ng/?p=451463 Bar leader calls on Buhari to utilise executive orders moreA former vice chair of Abuja Branch of the Nigerian Bar Association (NBA), Ozioma Izuora, has called on President Muhammadu Buhari to utilise Executive Orders more. She said this during the 60th edition of the NBA annual general conference with the theme “stepping forward”. The Session of Executive Order and Democratic Governance was the main discourse of […]]]> Bar leader calls on Buhari to utilise executive orders more

A former vice chair of Abuja Branch of the Nigerian Bar Association (NBA), Ozioma Izuora, has called on President Muhammadu Buhari to utilise Executive Orders more.

She said this during the 60th edition of the NBA annual general conference with the theme “stepping forward”.

The Session of Executive Order and Democratic Governance was the main discourse of the day and it involved a discourse on the instrumentality of executive orders within the context of democratic governance.

Speaking during this session, Izuora stated that in looking at democracy and what it is trying to achieve, whatever government does it should be for public good.

“If by utilising the executive orders, president Buhari does what is good for the people, I say fire on,” Izuora said.

“There is good that comes from executive orders when it addresses issues that are beneficial to the people. In the social contract theory, it says that normal freedom comes from the leaders to the laws of the land,” she said.

She further said that the president should use executive orders to speed up the legislative process.

“Many useful legislations are lying in the national assembly and are not moving anywhere; for instance, we can see how long it took to do the Violence Against Persons (Prohibitions) Act, it took almost 20 years. When it is a matter that is in the interest of the legislature, it will go a bit faster,” she said.

Izuora also stated that Nigeria is at a point where its 250 ethnic tribes collectively need a little bit more support and if President Buhari by Executive Order is doing the right thing, then he should continue to do so and the details can be sorted out later.

“If the people are benefitting, they will not complain,” she said.

The former vice chair concluded by adding a caveat that executive orders can be abused but the judiciary and legislature can mitigate the issue.

“For me executive orders might be an aberration but the court also goes on about inherent strides, I see it much like the oil that gets the wheels turning. Yes, it can be abused but that is why we have the legislative and the judiciary and that’s why we have people,” she said.

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NBA will remain united despite actions of divisive elements – Usoro https://businessday.ng/legal-business/article/nba-will-remain-united-despite-actions-of-divisive-elements-usoro/ https://businessday.ng/legal-business/article/nba-will-remain-united-despite-actions-of-divisive-elements-usoro/#respond Wed, 26 Aug 2020 16:18:53 +0000 https://businessday.ng/?p=451456 NBA will remain united despite actions of divisive elements – UsoroPresident of the Nigerian Bar Association (NBA), Paul Usoro, says the association would remain united despite the actions of those who would want it to be divided. Usoro, a Senior Advocate of Nigeria (SAN), spoke at the opening of the 60th Annual General Conference (“AGC”) of the NBA, themed “Step Forward”, in Lagos on Wednesday. The event opened […]]]> NBA will remain united despite actions of divisive elements – Usoro

President of the Nigerian Bar Association (NBA), Paul Usoro, says the association would remain united despite the actions of those who would want it to be divided.

Usoro, a Senior Advocate of Nigeria (SAN), spoke at the opening of the 60th Annual General Conference (“AGC”) of the NBA, themed “Step Forward”, in Lagos on Wednesday.

The event opened with a rich display of Nigerian cultural dance and music, and Usoro in his opening remarks said the dancing and music that ushered in the event was indicative of the “celebratory tone” for this year’s conference.

He noted that beyond the event marking the Diamond Jubilee of NBA conferences, there was “quite a lot to celebrate”. In particular, he mentioned the need to celebrate “a united bar association”, noting that though the “people that would like to divide us would not let up”, the NBA would remain united.

It would be recalled that the conference was preceded by a lot of controversy, including the threat to boycott the AGC by several state branches of the association.

Konyinsola Ajayi, SAN, chairman of the technical committee on conference planning, in his remarks referred to “the hues and cries of foul” that had trailed the conference preparation and apologised “to all that were aggrieved on all sides of the divide”.

He, however, noted that regardless of all the uncertainties surrounding the AGC, “it serendipitously brought us this virtual conference that truly steps forward into the digital age”.

He further remarked on the various achievements of the NBA over the last 60 years and indicated that this Diamond Jubilee presented the opportunity “to interrogate the steps we need to move forward towards the next 60 years”.

Babajide Sanwo-Olu, Lagos State governor, said the theme for this year’s conference was fitting for the current times.

He concurred with Ajayi that it was “apt at this time to consider how to step forward”, further saying it was interesting that whilst Lagos had started the use of “convalescent plasma over 4 to 5 months ago” in the treatment of severe COVID-19 cases, “America was just getting to understand it”.

Sanwo-Olu said for him, that “is what step forward is about”, charging the NBA as a “big brother” to Nigeria in terms of age to “step forward” and “show Nigeria real leadership”.

He stated that his government would “continue to give the NBA the enabling environment to do well, and do what they need to do”.

The conference, with over 22,000 attendees – the largest in the NBA’s history – will run through August 29, 2020.

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How Olumide Akpata defeats two SANs to emerge NBA president https://businessday.ng/legal-business/article/how-olumide-akpata-defeats-two-sans-to-emerge-nba-president/ https://businessday.ng/legal-business/article/how-olumide-akpata-defeats-two-sans-to-emerge-nba-president/#respond Sat, 01 Aug 2020 14:02:40 +0000 https://businessday.ng/?p=441399 It was a drama at the Nigerian Bar Association (NBA) election last Thursday, as Olumide Akpata against all odds defeated Dele Adesina and Babatunde Ajibade both Senior Advocates of Nigeria (SAN) to emerge the 30th NBA president. The election, which was conducted electronically, however, saw Akpata who was a former chairman of the NBA Section […]]]>

It was a drama at the Nigerian Bar Association (NBA) election last Thursday, as Olumide Akpata against all odds defeated Dele Adesina and Babatunde Ajibade both Senior Advocates of Nigeria (SAN) to emerge the 30th NBA president.

The election, which was conducted electronically, however, saw Akpata who was a former chairman of the NBA Section on Business Law, polling 9,891 votes against Ajibade who scored 4,328 votes while Adesina had 3,982 votes.

Akpata, a graduate of Law from the University of Benin, was also the youngest of the three contestants and would lead the legal body for the next two years.

The 2020 election into national offices of the NBA, however, opened, at 11.00 p.m. on Wednesday (July 29) with a total of 29,635 accredited voters, and ended at 11.00 p.m. on Thursday (July 30) with a total of 18,256 ballots cast.

Speaking after the election, Akpata expressed appreciation to NBA members for electing him the President, and promised that the NBA would record transformation during his administration.

One of the contestants in the election, Adesina, however, called for the cancellation of the election, saying that the voters record contained several errors that could have been sorted out.

Other results of the election as announced by the chairman of the Electoral Committee of the NBA (ECNBA), Taiwo Taiwo saw John Aikpokpo-Martins elected NBA First Vice President with a total of 6,010 votes.

Adeyemo Kazeem emerged NBA Second Vice President with 8,794 votes, Joyce Oduah was elected NBA General Secretary with 8, 979 votes, while Uchenna Nwadialo polled 7,314 votes to emerge NBA’s Assistant General Secretary.

Mercy Agada was elected NBA Treasurer unopposed, Nnamdi Anagor emerged the financial secretary unopposed while Olukunle Edun was elected NBA Welfare Secretary with 9,001 votes.

Rapulu Nduka emerged the NBA Publicity Secretary with 11,964 votes while Naza Afam polled 6,490 votes to emerge NBA Assistant Publicity Secretary.

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2020 NBA election and its impact on legal profession https://businessday.ng/legal-business/article/2020-nba-election-and-its-impact-on-legal-profession/ https://businessday.ng/legal-business/article/2020-nba-election-and-its-impact-on-legal-profession/#respond Tue, 28 Jul 2020 21:07:54 +0000 https://businessday.ng/?p=439954 Introduction In 48 hours’ time, the elections into the Nigerian Bar Association (NBA) would have elected her National Officers to run the activities of the Association for the next two years. Since 2018, the dynamics of the NBA elections was altered from a delegate- based one to universal suffrage- meaning all eligible members of the […]]]>
Introduction

In 48 hours’ time, the elections into the Nigerian Bar Association (NBA) would have elected her National Officers to run the activities of the Association for the next two years. Since 2018, the dynamics of the NBA elections was altered from a delegate- based one to universal suffrage- meaning all eligible members of the Bar can vote or be voted for as prescribed in the NBA Constitution. That is where the conundrum arises. In the past eight years or thereabout, the Body of Benchers has been calling to the Nigerian Bar an average of 5000 lawyers per year. This means that there is now a minimum of about 50, 000 new entrants into the profession since 2010. Before 2010 i.e. if my memory serves me well, there were less than 30, 000 legal practitioners on the Roll of Nigerian lawyers starting with the first lawyer Sapara-Williams, including those who are no longer with us. The effect of this arrangement is that it has made the legal profession have a majority of lawyers below the age of 10 years post-call experience.

To digress a little, it is an undisputed fact that the legal profession is a noble and honourable profession etched in the principles of conservatism and history. It is a profession, just like the other estates of the realm that prides itself in the experience and time-acquired qualities of its leadership. Thus, a new entrant into the legal practitioner does not usually lose any sleep about being a new wig today, because he knows that with the right pupillage cum mentorship, he will arrive at the promised land of the profession. He or she too will very soon become a senior, take silk and do the things that ‘seniors’ do. It does not take time. The danger is that a large population of current juniors are disdainful of silks and other senior members of the Bar. The mistaken complaint being that this class usually ‘chop alone’.

Another undisputed fact is that the primary or basic unit of entry into the political activities is the Branch. Now, it is not in doubt that majority of legal practitioners called to the Bar within the period 2010-2020 do not belong to or identify with the NBA branches. This is discernible from the membership population of the branches vis-a-vis the total number of practitioners called during this period.

The advantages of starting NBA activism at branch level is legion. Principally, it acquaints the Nigerian lawyer with (i) the personalities and identity of our colleagues from grassroots to national level, (ii) lawyers are better acquainted with the ethics, nuances, history and complexities of the legal profession, (iii) lawyers are imbued with the genetic understanding that the legal profession is hierarchical and that in due course only anarchy will result if we disregard or ignore the principles of seniority and experience, (iv) The branch provides the young practitioner with the testing platform to hone his leadership skills, (v) and many more.

The 2020 NBA election

Clearly, as a result of the 2017 NBA Constitutional amendments the voting base is seemingly lopsided in favour of lawyers between one and 10 years old at the Bar. Following the campaign lexicon and philosophy, it is clear that it is, at least for the top office of President, bifurcated between the leadership rank of Senior Advocates and non-Senior advocates among other criteria or factors. I do not think that the dichotomy is critical or important so long as the candidates running for the top office have the requisite experience of leadership at branch level.
At this stage, man and resource management experience even at NBA section level will not cut the ice. Branch leadership experience is inevitable and indispensable. That is why I think that those who narrow the narration between SAN’s and non-SAN’s may have missed the mark. It is really about tested ability to lead learned colleagues acquired from the grassroots. One of the required qualities is that of conflict management. It is not a trial by error phenomenon. At the moment, the Bar is embroiled in a crisis of sort with the Corporate Affairs Commission (CAC).
The beneficiaries of the legal economy emanating from the CAC is largely the exclusive preserve of young lawyers. Now that there is a crisis, it appears that the ‘Aluta’ strategy of resolution adopted by the young lawyers is only fanning the resolve of management of CAC not to compromise its stand. It will take the maturity and experience of a tested leader such as Deacon Dele Adesina (SAN) to resolve this and several other issues confronting lawyers and Nigeria as a nation.

At this point in time, our dear nation is in dire straits, this is not the time to have the Bar led by novices in the art of conflict management. The nation is plagued by severe security challenges in the nature of unrestrained kidnapping of our citizens, highway robbery, financial defalcations and malfeasances in government circles, the frittering away of the common patrimony of Nigerians, Abuse and refusal to abide by the clear principles of the Rule of law, the assault on the independence of the judiciary, the continuous disregard for the fundamental rights of Nigerians, increased criminality in the land, corruption and general ungodliness. I have read the manifestos of all the presidential candidates in this election and in my humble view, only Dele Adesina (SAN) proffers reasonable solutions to the myriad of problems listed above.

The Nigerian Bar again has a unique opportunity to right its keeling ship of state with this impending elections. If however, the wrong hands are brought on Board, the ship will no doubt sink and disappear under water. Whether it can then be salvaged, or a new ship procured will be a matter for another discussion.



In summary, experience and reliability cannot be ignored in this election. It is to our peril that we allow factors such as sectionalism, ethnic sentiments, parochialism, petty hatred of competent candidates to govern our choice for Presidency and other National Officers of the Bar. Let us put our hands together and bring on board, the man of the moment, the man who can effortlessly deliver the goods, the man- Dele Adesina (SAN). I endorse him for the office of President, Nigerian Bar Association.



Joseph B. Daudu

DAUDU, 25th president of the NBA, writes from Abuja
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Nigerian Bar Association evaluates businesses’ compliance with ILO’s Decent Work Agenda https://businessday.ng/legal-business/article/nigerian-bar-association-evaluates-businesses-compliance-with-ilos-decent-work-agenda/ https://businessday.ng/legal-business/article/nigerian-bar-association-evaluates-businesses-compliance-with-ilos-decent-work-agenda/#respond Mon, 20 Jul 2020 19:25:17 +0000 https://businessday.ng/?p=434740 The Nigerian Bar Association Section on Business Law (NBA-SBL) on Monday evaluated how businesses in Nigeria are complying with the International Labour Organisation’s Decent Work Agenda in a webinar hosted by BusinessDay. Decent work is a broad term that captures equal employment opportunity, working conditions, social security, social dialogue and economic indicators meant to enhance […]]]>

The Nigerian Bar Association Section on Business Law (NBA-SBL) on Monday evaluated how businesses in Nigeria are complying with the International Labour Organisation’s Decent Work Agenda in a webinar hosted by BusinessDay.

Decent work is a broad term that captures equal employment opportunity, working conditions, social security, social dialogue and economic indicators meant to enhance the wellbeing of employees. According to the International Labour Organisation, Decent Work is central to sustainable poverty reduction and is a means for achieving equitable, inclusive and sustainable development.

The ILO Declaration on Social Justice for a Fair Globalisation recommends the establishment of appropriate indicators to monitor the progress made in the implementation of the ILO Decent Work Agenda.

In Nigeria, however, the descent work agenda is more of a dream for many. In a country where the unemployment rate is conservatively placed at 23 percent by the National Bureau of Statistics but estimated to be well over 40 percent by human resource management experts, demand for decent work from employers is a tall order.

According to Nneka Idam, human resource partner, Africa and Emerging Markets at the Association of Chartered Certified Accountants modern slavery is happening and there is a perpetuation of the cycle of poverty.

“High unemployment rate has guaranteed indignities in some work environment. Many employers are paying way below the minimum wage and children have to work to augment the family income. They will have no time to go to school and this perpetuates the cycle of poverty,” Idam said at the webinar. This hinders the promotion of ILO’s Decent Work Agenda in Nigeria.

Nigeria has the legislative structure for decent work said Sani Adio, a Senior Advocate of Nigeria and chairman NBA-SBL. Although he strongly suggested that requesting for marital status and age of applicants seeking to take up roles in any company was discriminatory.

Not many Nigeria’s have reported experiences of been discriminated against based on gender, age or ethnicity of at their work environments however, such experiences are not uncommon in some instances. Chinwe Odigboegwu a lawyer, mediator, arbitrator, and mediation advocate said she has never been unfairly treated. “I have been treated fairly from personal experience but from a general point of view, there are different experiences. Discriminations based on age, marital status and other characteristics abound.”

Anthony Nwaochei, managing partner at The Law Crest LLP argued that the objective of the ILO Decent Work Agenda is none other than to deliver a guideline for distributing the fruits of progress in a business or work environment. He insisted employers need a shift in mindset. “Every worker should get a just share of commensurate to their effort in making a business or an organisation prosperous. This can comes in the form of trust schemes or bonuses. Everybody is a stakeholder.”

This means that living wages, transport and housing allowances need to be provided. This is tied to the economic performance of countries. Nwaochei said the time has passed when seniors in the legal profession thought of juniors out of law schools pupils joining law firms rather than stakeholders in the practice.

Many other

imbalances lead to indecencies in a work environment. Positive discrimination and affirmation are some of the policies used in redressing these imbalances. Although these have their drawbacks too because affirmative action in South Africa after Apartheid favour urban blacks while rural blacks still suffered. Affirmative action sometimes also puts unseasoned people in positions of authority, which in turn negatively impacts organisational performance.

“An inclusive workplace should take disability access seriously. For instance, sign language in the courts and the translation of documents into braille are critical. Women can be mothers and career people at the same time,” said Olumide Akpata, partner Mergers & Acquisitions, Immigration & Employment Corporate & Commercial at Templars, a Nigerian Law Firm.

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Buhari nominates Justice Dongban-Mensem as President, Court of Appeal https://businessday.ng/legal-business/article/buhari-nominates-justice-dongban-mensem-as-president-court-of-appeal/ https://businessday.ng/legal-business/article/buhari-nominates-justice-dongban-mensem-as-president-court-of-appeal/#respond Mon, 08 Jun 2020 16:03:14 +0000 https://businessday.ng/?p=421802 President Muhammadu Buhari has finally nominated Justice Monica Dongban-Mensem, the Acting President, Court of Appeal to the Senate for confirmation as President, Court of Appeal. The nomination is in line with his constitutional responsibility, according to the statement by the Senior Special Assistant to the President on Media and Publicity, Garba Shehu. Justice Dongban-Mensem is […]]]>

President Muhammadu Buhari has finally nominated Justice Monica Dongban-Mensem, the Acting President, Court of Appeal to the Senate for confirmation as President, Court of Appeal.

The nomination is in line with his constitutional responsibility, according to the statement by the Senior Special Assistant to the President on Media and Publicity, Garba Shehu.

Justice Dongban-Mensem is a serving Justice of the Court of Appeal and was recommended, as is the practice, by the National Judicial Council for the nomination by the President.

Details soon..

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Plot or not, President Buhari had enough time to confirm Dongban-Mensem as Appeal Court President – Kunle Edun https://businessday.ng/legal-business/article/plot-or-not-president-buhari-had-enough-time-to-confirm-dongban-mensem-as-appeal-court-president-kunle-edun/ https://businessday.ng/legal-business/article/plot-or-not-president-buhari-had-enough-time-to-confirm-dongban-mensem-as-appeal-court-president-kunle-edun/#respond Thu, 04 Jun 2020 01:30:48 +0000 https://businessday.ng/?p=420024 Following President Muhammadu Buhari decision to extend the appointment of Honourable Justice Monica Dongban-Mensem as the Acting President of the Court of Appeal (PCA) for another three months, starting from yesterday June 3rd, 2020, some legal experts have questioned the president’s decision to extend her tenure as acting PCA, against appointing her President of the […]]]>

Following President Muhammadu Buhari decision to extend the appointment of Honourable Justice Monica Dongban-Mensem as the Acting President of the Court of Appeal (PCA) for another three months, starting from yesterday June 3rd, 2020, some legal experts have questioned the president’s decision to extend her tenure as acting PCA, against appointing her President of the court, when her appointment according to constitutional provisions, should not have exceeded three months.

Questioning this move, a national officer of the Nigerian Bar Association (NBA), Kunle Edun holds the view that the President of the Federal Republic of Nigeria had enough time to conclude all processes that should have led to the confirmation of Justice Dongban-Mensem’s as the substantive President of the Court of Appeal (PCA).

“Why do we have wait for a substantive PCA or even a Chief Judge (CJ) of the high court to retire before we begin the process of appointing a successor? Why can’t the valedictory session or ceremony for an outgoing PCA or CJ be part of the swearing-in of a new head of court (Be it a CJ or a PCA).

“The NJC has a long notice of the retirement date of the president of a court, as well as the Chief Judge. Why then, should the process for their replacement be a long drawn process, so much so that the time of an Acting PCA has to be extended. Why not start early enough to avoid a situation of appointing Acting CJ”, Edun said.

Unfortunately, Edun’s views that there may be other reasons for this extension is shared by many who believe that the presidency may be preparing to appoint Mohammed Lawal Garba as President of the Court of Appeal in place of Dongban-Mensem, who may not be presented to the Senate for confirmation for the substantive position.

It would be recalled that the Federal Judicial Service Commission (FJSC) had recommended both Dongban-Mensem and Mohammed Lawal Garba, to the National Judicial Commission (NJC) and to President Buhari for appointment as substantive president of the Court of Appeal to replace Zainab Bulkachuwa, who retired in March 2020.

Dongban-Mensem was sworn in on March 6th to take over from Justice Zainab Bulkachuwa as acting president.

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