Judicial Institution: The Frame Work of Nigeria’s Legal System

The term Judicial Institution simply refers to the court and officers of the court. It originates from the concept of separation of powers which was established by Montesquien. Although Aristotle and John Locke had earlier stated its extension, the aim of Montesquien was to seek a set of constitutional framework of political liberty. According to him:
    “miserable indeed would be the case where the same man or the same body whether of the nobles or of the rave is (people) to exercise those three powers that of enacting laws, that of executing the public resolutions, and that of judging the crimes or differences of individuals”
It should be pointed however that the logic of this concept lies in its popularity rather than in strict classification. Constitutional mandate definitely allocates certain functions to each of the three arms of government. Be that as it may, it could be ascertained that the court as the last hope of man has an important role to play in the society hence the need to consider its role in the regulation of continuous conflicting societal interest.

 

 

Roles and Duties of the Judiciary
That said, the roles and duties of the judiciary include
It is beyond that the aim of the judicial arm of government is the promotion of peace and order, this can only be achieved if each person is given his clues or if the basic tenements or principles of group existence are observed. It can be said therefore that the aim of the judiciary should be the promotion of justice. Hence, the court is called “The Temple of Justice”
Originally, the term “court” meant among other things, “a sovereign palace”. It has now acquired the meaning of the place where “justice is administered”.
The notion of justice is more often depicted by the portrait of Justice usually displayed in front of or the top of buildings of most superior courts of record in Nigeria. It stands erect, blindfolded by a piece of cloth or bandage. She holds a sword in the right hand and a perfectly balanced scale on the left.
“The personification of justice is a blindfolded woman robed in white and wearing a crown… she supports a pair of scales on her laps with one hand, her other hand holds a bare upright sword…”
1. She is robed in white for the judge must be without moral blemish which might impair judgment and obstruct true justice. She is blindfolded for nothing but pure reason not the often misleading evidence of the senses. To be used in making judgment, she is regally dressed for justice is the noblest and most splendid of concepts.
2. the scale is used to measure quantities and material things as a metaphor for justice which sees that each man receives that which is due him. No more and no less.
3. The sword represents the regal of justice which does not hesitate to punish
According to an unknown writer, he said:
“whoever created that effigy of justice as a sword wielding damsel with a blindfold deserves credit for considerable genius”
The image cast by that beautiful effigy is that of an all-powerful creature dispensing the carrot and stick with material equanimity and impartiality.

The Concept of Justice

The Oxford dictionary defines justice as “the quality of being morally just or righteous; the principles of just dealing or just conduct, integrity and rectitude”. Aristotle defined justice as an attitude of the mind that enables and inclines a man to do what is just and as a result of which he does and wants to do what is just.
Osborne dictionary defines justice as the upholding of right and the punishing of wrongs by law. It could be seen from the above that no single definition can be advised for the word justice could however be stated as ancient in origin. Justice is said to have its origin in the word “jus” or “justun” or “justician” which means to bind.
A. Justice as Religion
Another opinion asserts that the term justice when differently traced is inextricably connected with religion and in this respect, it has been taken to relate to issues like salvation, defense against evil, purification, daily prayers and so on. On the basis of this assertion of the quality of justice, it is ascribes to God himself to denote His infallibility. Justice is also to do the will of God, according to this consensus, the parties to justice should rotate to the obstructs of the divine will therefore to the religionist prayer, sacrifice and the keeping of Sabbath are duties of justice and to them, a just man is he who fulfills all his duties.
Any writer appear to make a distinction between human justice and divine justice.
Divine justice implies absolute dominion of the creator over things created. This is regarded as a perfect justice. Shakespeare in “Merchant of Vernice” alluded to this when he said “True Porti”, one of the characters when she was talking about justice and latin mercy. The attributes of awe and majesty, fear of kings and dread authority have mercy above them. It is enthroned in the attitude and scepter of the king as an attribute of God where mercy seasons Justice. Justice divides the productive instinct of human intellect even though justness and fairness could be regarded as universal qualities of justice. Whatever is just and fair will depend on the conclusion of each person and the community in issue.
B. Justice as Adjudication
To some, establishing judicial institution connotes justice. It restricts justice to adjudication, arbitration and mediation, (the judicial settlement of public disorder and private dispute). This group is satisfied with this method because it provides a civilized alternative for public disorder and private wrongs to be addressed by self-help.

C. Justice as Fair Trial
Disciples of this school take interest in proceedings before the court. To them, adjudication should be fair. They have the idea of “Justice should not only be done, but should be manifestly and undoubtedly seen to have been done” – See Rv Sussex Justice Exparte Mc Carthy 1924 1KB 25. In Metropolitan Properties Company v Lannon 1960, Lord Denning said:
“Justice must be rooted in confidence and confidence is destroyed when right minded people go away thinking that the judge is biased”
 

D. Justice as Natural Justice

To this group, justice is an inherent requirement and it is conceived as an absolute virtue. It is a state of human affairs in which men in their private social lives conform to a series of ascertainable precepts and principles which are universal, eternal and immutable. To them, justice is not only an issue relating to fair trial. It is the essence of adjudication. Justice as a natural phenomenon has been traced to the beginning of creation. Thus, it is usua; to refer to the time of Adam when the first dispute that took place between God and man was resolved i.e the disobedience of Adam and Eve to the commandment as touching the forbidden fruit.
Lord Fortescue had cause to refer to this incident in the case of R v. Chancellor of Cambridge. Exparte Bentley 1748 2LD LYM Pg 1334 says:

“The laws of God and man both gave the party an opportunity to make his defence if he has any. I remember to have had it observed by a very learned man upon such an occasion that even God himself did not pass sentence on Adam before he was called upon to make his defence. ‘Adam’, says God, ‘Where are thou? Hast thou eaten of the tree whereof I command that thou should not eat?’ And the same question was put to him”

E. Justice as Equality

According to this school, justice primarily means equality. This is referred to as formal justice. Formal justice calls for equality of treatment and that justice should be administered impartially to the rich, poor, strong and weak without fear or favour. This view has however been criticized. According to Honourable Justice Okputa,
“To treat unequals equally is unjust just as it is unjust to treat equals unequal”
This means that in societies where slavery thrives, what is due to a slave is different from what is due to a freeman and yet, the laws of such society would be said to attain formal justice. If all slaves are treated alike and justice is administered to them as such without partiality, then only can we call justice as equality.

F. Moral Justice

To advocates of moral justice, justice is an ethical issue involving an embodiment of moral values in legal parlance. The use of phrases like “whether the decision is just and fair, fair and reasonable, sound in accordance with common/good sense,” all of these depict importation of moral values to the decision of the court.

G. Social Justice

The social value of the decision of courts is used to determine whether justice has been done. The importation of phrases like public policy, public interest, expedience, social convenience or utility shows that some other issues are usually considered in doing justice.
In conclusion, there is no doubt that some of these divisions overlap but they come together to show the facets of justice.

The Role of the Judiciary in the Administration of Justice

The Questions here are:
1. what is the role of the judiciary independently of rule?
2. Judging human conduct, must justice be administered within the ambit of these rules?
3. is there anything in justice that is abstract? i.e not according to law?
The relationship between law (rule) and justice is necessary. Lord Wright in his book, “Interpretation of Modern Legal Philosophy”

Arbitration as an Alternative Dispute Resolution Mechanism

 

Arbitration as an Alternative Dispute Resolution Mechanism

It is common to find that disputes will arise in everyday community living. The members of a society are generally bound to disagree on issues and sometimes, this may be resolved with a quick conversation and nipped in the bud. However, some other times, the disagreement may escalate to a full-scale dispute requiring third-party involvement for a peaceful resolution of the dispute. This is why formal methods of dispute resolution were established to create a system for the amicable settling of issues between disputing parties.

The earliest form of formal dispute resolution in Nigeria was litigation. Litigation is a dispute resolution method that involves recourse to a formal judicial system presided over by trained judicial officers at various levels of the court system. It entails a legal action in which one party, the plaintiff, files a lawsuit against another party, the defendant, in order to obtain a legal remedy or judgement. Typically, litigation entails a number of formal processes, including pleadings, discovery, motions, and trials, which are governed by court rules and procedures. However, because of the strict rules of court, the time-consuming nature of litigation, and its tendency to end in acrimony between the parties, among other arguments against litigation, alternative methods for dispute resolution were introduced with the aim of cushioning the seeming difficulties associated with litigation.

There are various methods of Alternative Dispute Resolution (ADR), the most popular of which is dispute resolution by arbitration. According to the Court of Appeal in Omeaku v Rainbownet, arbitration is the reference of a disagreement between two or more parties for resolution by a person or individuals other than a court of law, where both parties to the dispute must be heard in a judicial manner. When parties agree to submit their dispute to one or more impartial third-party for a binding ruling, it is a private, voluntary, and consensual process known as arbitration. The arbitrator exercises judicial functions, hears testimony from both parties, and renders a final, legally binding decision known as an award.

To initiate the process of arbitration, parties to a dispute must have entered into an arbitration agreement which provides that disputes that may arise in the course of the relations between the parties in relation to a contract or a subject matter between the parties will be resolved by reference to arbitration. The arbitral tribunal draws its jurisdiction from this agreement between the parties. Arbitration can also derive validity from a submission agreement, which is an agreement to resolve a dispute by arbitration entered into after the occurrence of the dispute as opposed to before its occurrence.

In Nigeria, the Arbitration and Conciliation Act is the primary law governing the process of dispute resolution by arbitration.

Features of Arbitration

a. Voluntariness and Mutual Consent
Arbitration is rooted in the voluntary submission of the dispute by the disputing parties to an arbitral tribunal consisting of a neutral third party who acts as an umpire to resolve the dispute. The voluntary nature of arbitration is inextricably tied to the doctrine of mutual consent in arbitration. The implication of this doctrine is that both parties to a dispute must consent to the reference of the dispute to arbitration, otherwise, the award flowing from the proceedings will not be binding on the parties.

b. Party Autonomy
This is a fundamental distinguishing feature of arbitration from litigation. Essentially, this principle entails that the parties to an arbitration agreement have the ultimate power to determine the course of the arbitral proceedings. This extends to the powers to determine, by agreement, the number and choice of arbitrators, the place of arbitration, the seat of arbitration, etc.

c. Private and Confidential
Arbitral proceedings are private to the extent that the sessions are not open to public attendance and the awards are not required by law to be made available to the public. This element of arbitration makes it attractive to businesses and governments and it is one of the reasons why it is popular in international relations as a method of dispute resolution.

d. Final and Binding Award
The decision of an arbitral tribunal is binding on the parties to the arbitration agreement. However for such a decision, referred to as an award to be binding, it must be final. An award is said to be final if it adequately addresses all the issues contained in the reference of the dispute. Where an award does not cover all the issues referred to arbitration, the general principle is that such an award can be challenged in court for want of finality.

e. Subject Matter of Arbitration
Contrary to the practice in litigation, not all subject matters or disputes can be referred to arbitration for resolution. The Arbitration and Conciliation Act provides a list of arbitrable subject matter. Generally, the law is clear on the arbitrability of criminal matters to the extent that crimes are wrongs against the state and as such are naturally within the exclusive jurisdiction of the courts to determine publicly.

f. Flexibility and Convenience of the Parties
Arbitral proceedings are ideally flexible to accommodate the schedules of the parties. Due to its less formal nature, arbitration proceedings can take the form of round table conversations fixed at an agreed date convenient for the parties and the tribunal. In addition, the strict rules of evidence do not apply to exclude certain evidence or to determine the mode of tendering or admissibility and relevance of evidence.

Conclusion

Arbitrate, do not litigate. This is a common mantra within the arbitration community. Generally, the recourse to arbitration over litigation is focally rooted in the belief that arbitration gives the disputing parties reasonable control over the process of dispute resolution. This also extends to the flexible nature of arbitral proceedings and the cost-effective, timely, and private nature of the proceedings.

Biography of Chief Wole Olanipekun, OFR, SAN

Chief Oluwole Olanipekun SAN was born in 18th November, 1951 at Ikere-Ekiti. He attended Amoye Grammar School, Ikere-Ekiti, and then Ilesa Grammar School. Ilesa. He obtained his LL.B (Hons) from the University of Lagos and he was called to the Bar in 1976.

Chief Wole Olanipekun, SAN is the founder and principal partner of Wole Olanipekun & Co. he was conferred with the prestigious rank of a Senior Advocate of Nigeria in 1991.

Arguably one of Nigeria’s leading barristers, he has been involved as counsel and amicus curiae in many of Nigeria’s landmark cases. He is also in top demand internationally as an expert in Nigerian law.

Chief Olanipekun has presented over 100 papers on diverse topics on Law, including; Economics, Politics, Literature and Corporate Governance in and out of the country. His practice areas include constitutional law, pre and post-election dispute resolution, arbitration and alternative dispute resolution, labour law, commercial litigation, criminal law and general practice. He is presently the Pro-Chancellor and Chairman of the Governing Council of Nigeria’s Premier University, the University of Ibadan.

He was President of the Nigerian Bar Association (NBA) between 2002 and 2004. He has at different times served as a member of the National Judicial Council (NJC), Legal Practitioners Privileges Committee (LPPC).

He became a Life Bencher on 16th February 2007 and is currently the Chairman, Body of Benchers.

Council of Legal Education, (Legal Practitioners Disciplinary Committee) and General Council of the Bar among others. A Fellow of the Chartered Institute of Arbitrators, he was also conferred with the National honour of the Officer of the Federal Republic (OFR) in 2012. He is happily married.

Adamawa, Delta, 5 Others Withdraw Lawsuit Against Tinubu’s Victory

Seven States of the federation which had earlier approached the Supreme Court of Nigeria to nullify the election victory of the President-elect, Bola Tinubu of the All Progressives Congress, APC, have withdrawn their lawsuit.

The states- Adamawa State, Akwa Ibom, Bayelsa, Delta, Edo, Taraba and Sokoto- through their team of lawyers led by Chief Mike Ozekhome (SAN), on Friday, filed a notice of discontinuance of the case.

The plaintiffs had gone before the apex court to challenge the outcome of Presidential and National Assembly elections that held on February 25, insisting that the Independent National Electoral Commission, INEC, acted in breach of the Electoral Act, 2022.

The plaintiffs maintained that election results from the 36 states of the federation and the FCT, were not properly transmitted and collated by INEC, as prescribed by the Electoral Act.

The six states, which are currently under the control of the opposition Peoples Democratic Party, PDP, in the suit marked: SC/CV/354/2023, further alleged that INEC pulled down its portal harbouring the Regulations and Guidelines it earlier set for the elections.

Consequently, they applied for an order of the apex court, mandating "a holistic review of all results so far announced by the Federal Government of Nigeria through the INEC which were carried out other than through the manner prescribed by the provisions of the Electoral Act, 2022, the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and the INEC Manual for Election Officials".

"A declaration that the Federal Government of Nigeria, the INEC, was bound to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading Scanned Copy of the said Unit Result to the Independent National Electoral Commission Result Viewing Portal (IReV) in the course of the General Elections held on the 25th of February, 2023 throughout the Federation in compliance with the provision of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the Presidential Election.

"A declaration that the failure of the Federal Government of Nigeria, the INEC, to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading Scanned Copy of the said Unit Result to the Independent National Electoral Commission Result Viewing Portal (IReV) after the counting and announcement of the Polling Units results on 25th of February, 2023 in collusion, violates the provision of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the Presidential Election.

"A declaration that the fundamentally flawed electoral process through the non-uploading of the results of each of the 176,974 Polling Units nationwide, in respect of the Presidential Election and National Assembly Elections held on Saturday, 25th February 2023 were not in accordance with the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the Presidential Election.

"A declaration that the entire results of the Presidential Election conducted on the 25th of February, 2023 announced by the Chairman of the Independent National Electoral Commission at the National Collation Centre, Abuja, in flagrant provision of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the Presidential Election, were invalid, null and void, and of no effect whatsoever".

As well as an order, "directing a wholistic review of all results so far announced by the Federal Government of Nigeria through the Independent National Electoral Commission (INEC) which were carried out other than through the manner prescribed by the provisions of the Electoral Act, 2022, the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and the INEC Manual for Election Officials".

They had prior to the notice of discontinuance, applied for accelerated hearing of the case.

It will be recalled that INEC had declared Bola Tinubu of the ruling All Progressives Congress, APC, as winner of the presidential election.

Tinubu defeated 17 other candidates who took part in the election.

He scored a total of 8,794,726 votes to defeat Atiku Abubakar of the PDP who polled a total of 6,984,520 votes and Peter Obi of the Labour Party, who came third with a total of 6,101,533 votes.

Both PDP and LP hadsince rejected the outcome of the presidential election, just as they expressed readiness to challenge it in court.

The Legal Sides of Drafting a Disclaimer for your website

Getting a disclaimer drafted for you can be expensive, especially for a small business owner or freelance worker. Luckily, you can learn how to write a  disclaimer for your business on your own. 

A disclaimer is a statement intended to protect the services, information, and property (both physical and intellectual) of your business or organization. It limits the legal liability of the entity presenting the disclaimer and also protects the entity’s legal rights in its work. 

A disclaimer is typically a short paragraph. If you are not sure whether you have drafted a solid disclaimer, consult with an attorney.

 

Identifying Your Need for a Disclaimer:-

- Identify the goods or services you provide: You will need a disclaimer if you provide goods or services, but the requirements of the disclaimer will depend on what you provide. Goods may be tangible (like a hammer) or intangible (like information). You can usually lump "goods and services" together in your disclaimer.

Also the good provided may be both tangible and intangible. For example, you might sell paintings. A painting is both a tangible good (the canvas and paint) and an intangible good (the likeness depicted). If you created it, it also represents a service.

- Think about the liability you might be subjected to: Whenever you sell goods or services, you open yourself up to legal liability. A person may be injured by your product, or they may want a refund because the product does not work as advertised. If your business offers an opportunity to participate in an activity or to use equipment, such as a tour group or a gym, you will definitely want a disclaimer to avoid being held liable in the case of injury. 

Alternately, someone may rely on information you provide to their detriment. They might then want to turn around and sue you for "causing" their injury.

Some people may also claim injury from words alone. If you write about people, those people could claim that you harmed them because the information was false and malicious. Although defamation cases require the false statement to be untruthfully or negligently presented as a statement of fact, you don't want to give anyone even the possibility of a reason to try to bring a case against you.

You should also write a disclaimer if you run a social media page or website where others can leave comments, so that you cannot be held responsible for someone else's words

- Identify the rights you want to protect: Legal disclaimers also protect your legal rights from infringement by other people. Intangible property, such as intellectual property, is often vulnerable to infringement. If your intellectual property includes something such as a system or a method of doing something, you should file for a patent if possible. A trademark will protect words, phrases, symbols, and designs that identify your goods or services, such as your business's logo or signature phrase.

If you write, or create images or music, then you will want to assert your rights to that intellectual property. Although your copyright exists from the moment you create your intellectual property, you still want to bring that information to the attention of consumers. Registering your work creates a "paper trail" so that it is easier to prove that your property is yours.

- Understand the limitations of  disclaimers:- Before drafting, you should be aware that a disclaimer cannot completely insulate you from liability. For example, you may try to disclaim liability for any injuries caused by your negligence, but that disclaimer will often be legally ineffective.

Nevertheless, to protect yourself as much as possible you should still write a broad disclaimer. A customer reading a disclaimer may assume that he cannot sue you and therefore not pursue a case.

Writing the Disclaimer:-

Below are the legal sides of Drafting a disclaimer for your website:-

1. Limit liability for tangible goods

Legal disclaimers should always be written with possible lawsuits in mind. This will allow you to consider the discrete terms of your disclaimer. In your disclaimer, cover any and all liabilities for the product or service that you provide.

You should warn consumers of any dangers or hazards posed by your product. You should list specific risks while at the same time acknowledging that the list is not exhaustive. For example, you could write, "NOTICE OF RISK. This product [or service] can at times involve substantial risk of injury, property damage, and other dangers. Dangers peculiar to such activities include, but are not limited to, [list the dangers]."

You may want to limit the time period in which someone can return a product or seek a refund to avoid being held liable, for example, for normal wear-and-tear to the item. Be as specific as possible. For example, you might state, "We do not accept returns or exchanges after 30 days unless the item you purchased is defective. If you received a defective item, please contact us at [inset contact information] with details of the defect. You can send the item you consider defective to: [insert address]."

2. Limit liability for intangible property

If you provide an intangible good, such as information, then you will want to limit your liability for causing offense or damage. However, in general, you cannot limit your liability if you willfully and intentionally provide false statements of fact. (Exceptions may be made in the case of parody and satire.)

You can attempt to protect yourself from liability for defamation by stating, "The information provided herein is the author’s opinion and provided for entertainment purposes only." The key to protecting yourself is to make the reader aware that the post is opinion, not provable fact.

If you are providing information, you might want to include a disclaimer as to its accuracy. Here is a disclaimer from the U.S. Department of the Interior: "While the Department of the Interior strives to make the information on this website as timely and accurate as possible, the department makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the contents of this site, and expressly disclaims liability for errors and omissions in the contents of this site." 

You may also want to warn others against relying on the information. If you publish information about health and medicine, for example, you may want to include a long disclaimer, stating that you are not providing medical advice and encouraging readers to seek professional medical assistance.

- Limit liability for services:- If your business provides a service, activity, or opportunity to use products or equipment, you will want to protect yourself against being held liable for your customers' use of those things.

For example, if you own a gym, you would include in your disclaimer language that the customer acknowledges there are certain risks inherent in using exercise equipment and that the customer assumes all responsibility for her use of the equipment.

However, you should note that a disclaimer is not likely to protect you from liability if the injury is caused to your own negligence or your failure to maintain your equipment properly.

- Protect your rights: Just as you want to limit your potential exposure to lawsuits, you want to protect your rights in your product and warn others against infringement.

For example, if you provide original content created by you, you might want to state: "All content is subject to copyright and may not be reproduced in any form without express written consent of the author."

You should note that copyright in the US is a complex legal concept and is not unlimited. For example, the "fair use" doctrine allows others to use your content in certain circumstances and under certain conditions.

- Limit your responsibility for third parties: This is especially important if your business displays advertising, uses outside vendors, or has a website or social media page that is open to public comment.

For example, if you run a wedding planning business, you could include in your disclaimer that you cannot be held responsible for the failure of contractors (decorators, musicians, etc.) to perform their duties.

Your liability disclaimer can extend to include third parties such as subcontractors, if you desire.

- Include terms and conditions and a privacy statement:- Terms and conditions spell out the rights and responsibilities of you, the business, and your customer. Your disclaimer can then exempt you from responsibility if the customer does not abide by the terms and conditions. A privacy policy describes how your business will gather and use customer information.

For example, if you sell computers, you could include in your terms and conditions that you are not responsible for damage to the computer if the customer does not use it appropriately.

If you own a coffee shop with wi-fi, you could include that you do not collect personal information over wi-fi, but that others could possibly do so. By agreeing to those terms and conditions, the customer agrees to be responsible for any information sharing if she uses your wi-fi.

- Include your contact information:-  Provide as many different ways of contacting you as possible, unless you feel uncomfortable providing personal information. At a minimum, you should provide an email address.

Contact information also helps generate business. If someone wants to license your image, song, poetry, or essay, then providing contact information helps facilitate that. Include language about requesting permission to use material: "The contents of all material available on this website are copyrighted unless otherwise indicated. All rights are reserved and content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of [insert your name]. Requests for permission to reuse copyrighted content should be submitted to [your address]."

- Make customers aware of your disclaimer:- You should place the disclaimer in a place where it will be visible to the public. If you are using a risk disclaimer, then it must be highly visible. 

Use boldface so that it is conspicuous. It is extremely important to document that your customers have seen and acknowledged the disclaimer. The easiest way to do that is to ask them to sign an acknowledgement (or click through, if you are online).

Cover all of your bases. Have your legal disclaimer on any paperwork that your customer might come across to guarantee that they see it.

It is important to note the following:-

Have a lawyer prove your disclaimer if you are unsure of its content or completeness.

If your business or service has the potential for injury to your customers (such as skydiving), a disclaimer is not adequate. Binding liability contracts should be drafted by a legal professional.

If you are unsure about the legal liability of something that you want to write, consider not writing it.

A disclaimer does not guarantee your protection from liability in the case of legal action. However, it provides a notice. If the consumer then decides to assume the risk, you could be protected from liability.

Law as a tool of Environmental Protection in Nigeria: Gaps in extant Law and Policy

The environment is the life support system given by the Creator to mankind. Sometimes in the past, the three components of the environment -air, soil and water - were pure, virgin, undisturbed, uncontaminated and basically most hospitable. The reverse is the case today. Progress in science and technology leads to environmental degradation and serious ecological imbalance, which in the long run, may prove disastrous for mankind. In quest for economic development, which seeks to increase the quantum of economic output without caring about the short- and long-term short-changes of human and material resources arising from the process, the activities of people and nations conquer and wreck the world, rather than sustain it for the present and future generations.

Environmental degradation is the deterioration of the environment through depletion of resources such as air, water and soil (land), the destruction of ecosystems and the extinction of wildlife. Environmental degradation is as a result of the dynamic interplay of socio-economic, institutional and technological activities. Environmental changes maybe driven by many factors including - economic growth, population growth, urbanization, intensification of agriculture, rising energy use, and transportation. Poverty still remains a problem at the root of several environmental problems. In Nigeria, the discovery of oil in the Niger Delta and other mineral resources such as tin in the Jos – Plateau and their exploitation paved way for environmental hazards in Nigeria. Owing to over exploitation of these natural resources, Nigeria is confronted by the following major problems: deforestation, desertification, soil and coastal erosion, oil pollution, gas flaring, water pollution, water hyacinth, loss of biodiversity, urban decay, solid waste management and industrial pollution. 

Progress in agriculture, industry, transportation and technology is usually the barometer of economic development of any nation. Such activities of man have created adverse effects on all living organisms in the biosphere. Rapid industrialization has left with us polluted rivers, contaminated soil, depleted wildlife and exhausted natural resources. As a result, the environment of today has become foul, contaminated and harmful for the health of living organisms, including man. The unlimited rapacious exploitation of the splendid plentifulness of nature by man has disturbed the heritage of ecological balance existing between living and non-living components on the earth planet. This undesirable situation created by man has threatened the survival of man himself and other biota on the earth. Most horrible ecological crises result from urban-industrial technological revolution and speedy exploitation of every bit of natural resources. Globally, man-made pollutants from combustion, construction, mining, agriculture and warfare are increasingly significant in the air pollution equation. Motor vehicle emissions are one of the leading causes of air pollution. Principal stationary pollution sources include chemical plants, coal-fired power plants, oil refineries, petrochemical plants, nuclear waste disposal activities, incinerators, large livestock farms (dairy cows, pigs, poultry, etc.), polyvinyl chloride (PVC) factories, metals production factories, plastics factories and other heavy industries. Agricultural air pollution comes from contemporary practices, which include clear felling and burning of natural vegetation, as well as spraying of pesticides and herbicides.Carbon dioxide, while vital for photosynthesis, is sometimes referred to as pollution, because raised levels of the gas in the atmosphere are affecting the Earth's climate. Long-term rising levels of atmospheric carbon dioxide has the potential to cause slight, but critical, increases in the acidity of ocean waters, with the possible adverse effects on marine ecosystems.

Larger scale environmental damage is not uncommon when coastal oil rigs or refineries are involved. Some sources of pollution, such as nuclear power plants or oil tankers, can produce widespread and potentially hazardous releases when accidents occur. In the case of noise pollution, the dominant source class is the motor vehicle, producing about ninety percent of all unwanted noise worldwide.Some common types of pollution have main health effects on humans. Adverse air quality can kill many organisms, including humans. Ozone pollution can cause respiratory disease, cardiovascular disease, throat inflammation, chest pain and congestion. Water pollution causes approximately 14,000 deaths per day, mostly due to contamination of drinking water by untreated sewage in developing countries. Oil spills can cause skin irritations and rashes. Noise pollution induces hearing loss, high blood pressure, stress and sleep disturbance. Mercury has been linked to developmental deficits in children and neurologic symptoms. Older people are majorly exposed to diseases induced by air pollution. Those with heart or lung disorders are under additional risk. Children and infants are also at serious risk. Lead and other heavy metals have been shown to cause neurological problems. Chemical and radioactive substances can cause cancer and as well as birth defects.

There's also the problem of e-waste disposal methods currently practiced in developing countries create environmental problems. For instance, e-waste disposal in landfills has the potential to cause severe human and environmental health impacts. Plastics in electronics easily leach off in hot weather, especially when left outside. The record levels were 93 times higher than soil without contact with e-wastes. In developing countries, e-wastes containing plastics are commonly littered in collection points for days before they are actually collected. The uncontrolled burning, disassembly and disposal of e-wastes can cause a variety of environmental problems, such as ground water contamination, atmospheric pollution and water pollution either by immediate discharge or due to surface run-off (especially near coastal areas). Recycling of e-wastes is expensive and difficult to carry out, especially in countries like Nigeria that lack the technological wherewithal to handle the process of recycling these toxic substances emitted from e-wastes items.

To protect the environment from the adverse effects of pollution, many nations worldwide have enacted legislation to regulate various types of pollution as well as to mitigate the adverse effects of pollution. Pollution control is a term used in environmental management. It means the control of emissions and effluents into air, water or soil. Without pollution control, the waste products from consumption, heating, agriculture, mining, manufacturing, transportation and other human activities, whether they accumulate or disperse, will degrade the environment. The first major modern environmental legislation was The Clean Air Act of 1956. The Electronic Waste Recycling Act or Senate Bill 50 was signed into law in 2004 by the government of the United States of America (USA). The bill provides for the establishment and funding of a programme for consumers to return, recycle and ensure safe and environmentally sound disposal of covered electronic devices.

It must be noted vehemently that Law or the Legal instrument has been an effective tool for the control and management of Environmental Degradation in Nigeria. For example, events similar to the 1988 Koko Incidence happened in 2010 where there were media reports that a cargo container suspected to be carrying toxic e-waste was shipped onboard MV Maersk Nashville to Lagos from Rotterdam Port, Netherlands. However, this time around because Nigeria now have modern legal and institutional machinery for environmental protection, Nigeria was able to address the situation accordingly. In fact, the DG of NESREA said the agency had prior information and were lying in wait and thus, swiftly ordered the illegal e-waste ship load back to the port of loading in Rotterdam.

Laws regulating the environment in Nigeria are broadly classified into international law, national and municipal laws. These laws should be adequately enacted and enforced to regulate the environmental challenges.  International environmental law developed rules and principles governing multilateral treaties expressing common global concern, as well as those governing transboundary relationships involving two or more neighbouring states. Nigeria has not only acceded to some of these bilateral and multilateral treaties regulating the environment but has a gone a step further to domesticate some of the treaties. Some of the international laws/treaties are:

(i) Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal, 1989.

(ii) Convention for Co-operation in the Protection and Development of the Marine and Coastal Environments of West and Central Africa.

(iii) Convention for Long Range Trans-boundary Air Pollution.

(iv) Protocol to the Framework Convention on Climate Change, Kyoto, Japan.

(v) Rio Declaration, 1992.

(vi) Stockholm Declaration, 1972.

(vii) The Convention of the High Sea, 1958.

(viii) Montreal Protocol on Substances that Deplete the Ozone Layer, 1987.

(ix) International Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters (as amended).

(x) International Convention on Civil and Political Rights, 1966.

Some of theses treaties are not domesticated so that compliance with these laws are merely persuasive since international law recognizes the sovereignty rights of each State.  Nigeria is not dependent on international laws only to regulate its environment. She has promulgated some national environmental laws to check the abuse of the environment. It is an accepted and obvious fact that laws regulating the environmental media were not enacted till about 1987 when the Koko dumping triggered the first legislation – The Harmful Waste (Special Provisions, etc.) Act, but one could say right now that several national laws have been enacted to regulate sectoral aspects of the environment, what however could be said to be lacking is the duely needed enforcement strategies to accomplish the task of sustainable development.

Some of the national laws enacted are:
(i) Federal Environmental Protection Agency Act.
(ii) Environmental Impact Assessment Act.
(iii) Harmful Waste (Special Criminal Provision) Act.
(iv) Oil in Navigable Waters Act
(v) Oil Pipelines Act.
(vi) Petroleum (Drilling and Production) Regulation, 1969.
(vii) African Charter on Human and Peoples’ Right.
(viii) Endangered Species (Control of International Trade Traffic) Act.
(ix) Associated Gas Re-Injection Act.
(x) Petroleum Act.

(xi) National Environmental Standards and Regulations Enforcement Agency           (Establishment) Act 2007

(xii) National Oil Spill Detection and Response Agency Act

Just as it is at the national level, the states have also tried to out do themselves in the promulgation of environmental laws within the limits of the powers conferred on them by the Constitution. Some of these laws are: • Kano State Environmental Protection and Planning Agency Edict of 1990.
• Anambra State Environmental Sanitation Authority Edict No. 5.
• Edo State Environmental Sanitation Edict, 1994.
• Lagos State Environmental Sanitation Edict, 1998.
• Bush Burning (Control) Edict, 1985 (Kaduna State).
• Environmental Sanitation Edict, 1984 (Kaduna State), etc.

As stated earlier, during the colonial era, environmental problems were fewer as the level of industrial and commercial activities were low. There was no clear institutional framework for the protection of the environment and the laws for protection of the environment were found in snippets in laws which were primarily intended for various other sectors. These laws include the Public Health Act 1917; Minerals Act 1958; Water Works Act 1915 amongst others.

With the increasing need to address some of the environmental issues that came with civilisation and the crave for industrialisation, some sectorial laws were enacted to address environmental issues in respective sectors were environmental abuse was becoming apparent. These laws include the Oil in Navigable Waters Act 1968; the Petroleum Act; Associated Gas Re-Injection Act 1979; Minerals Act. Despite these laws, there was still no firm institution in place to coordinate and supervise the enforcement of the provisions. Thus, the power to enforce the Oil in Navigable Waters Act was vested in the Minister of Transport; the Directorate of Petroleum Resources was to enforce regulations under the Petroleum Act and Minerals Act was to be enforced by the Minister of Mines and Minerals. Similarly, the Criminal Code under sections 245 and 247 contains provisions which protect the atmosphere and the water bodies from pollution.

Although the development of environmental law in Nigeria is often traced to the Koko incident, the existence of laws for protection of the environment as seen above cannot be disputed. What is apparent is that despite these laws, there was no regulatory framework for the implementation and enforcement of these laws, and there was no specific umbrella body saddled with the core responsibility of protecting and developing the environment. Hence, most of the numerous laws enacted were merely in existence but largely unenforced and these laws were observed more in their breach than in their observance.

Perhaps the only notable programme implemented in the post-independence era to tackle the sole environmental problem which was identified and prevalent, was the War Against Indiscipline Programme (WAI) initiated by the Buhari/Idiagbon Regime between 1983 and 1985 which was aimed at creating a strong awareness on the need for people to clean the environment regularly and to ensure proper waste disposal and management. This Programme led to the enactment of various Sanitation Edicts in almost all the States of the Federation.

This widely accepted conception of 1988 as the beginning of recognition being given to Environmental law in Nigeria cannot be farfetched from the fact that this was the first time when an umbrella body was established to monitor enforcement and implementation of these teeming laws. After the 1987 Koko incident, proper attention was given to the protection of the environment and policies and regulatory frameworks were put in place at various times to ensure due protection of the environment in specific areas and sectors where environmental problems were becoming notably obvious.

Thus, some of the gaps in the extant law and policy on environmental protection are,

- Insincerity of government in implementation of the policies: government do not seem interested in environmental issues as it can be inferred from the ongoing gas flaring in the Niger Delta region despite the cries, yearnings and agitations of the people in that area for the government to intervene and stop the international companies from the continued flaring. Also the issue of the Ogoni land clean up where the Government and it's agencies have kept silent about.

- Corruption: corruption is one of the major problems of enforcement of environmental policy and law in Nigeria. Many people who are guilty of breaching environmental laws bribe the institutions and agencies and they get away with their offence.

- Funding issues: as stated above that government do not see the environment as a problem, thus, the institutions and agencies are poorly funded. These agencies and institutions will not be able to function properly due to the insufficient funds.

- The provisions of the National Policy are not stable owing to the fact that there have been different policy documents for instance, The 1988 Policy, 1999 Policy, 2016 Policy

- The policy does not stipulate the implementation of the objectives

It must be noted that the most important reason for gaps in our extant law and policy on environmental protection is related to section 20 of the constitution of the Federal Republic of Nigeria 1999 which states that;

           "The state shall protect and improve the environment and safeguard the
             water, air and land, forest and wildlife of Nigeria".

This provision is the section that provides for environmental protection in the constitution. However, the provision is contained in Chapter 2( fundamental objectives and directive principles of state policy) which by virtue of section 6(6)(C) of the same constitution is non-justiciable i.e cannot be enforced in court. The direct implication of this was felt in the case of Oronto Douglas v Shell Petroleum Dev. Comp ltd & ors, where the plaintiff seeking enforcement of his environmental right instituted an action in court against the defendant oil company for failing to comply with the mandatory provisions of the Environmental Impact Assessment Act. The plaintiff sought an injunction restraining the defendants from commissioning the project or carrying out any activity until a proper environmental impact assessment of the project, fully certified by the Federal Environmental Protection Agency has been undertaken in accordance with the environmental impact assessment statute. The Federal High Court in Port Harcourt struck out the plaintiff's case on the ground that he lacked standing for failure to establish a prima facie evidence that his right was affected or any direct injury was caused to him or that he suffered any injury more than the generality of the people.

In another lawsuit in September 2000, a United States court passed judgement in a civil claim instituted by certain Nigerians against Shell. The plaintiffs alleged that Shell Nigeria coercively appropriated land for oil development without adequate compensation and caused substantial pollution of the air and water in the homeland of Ogoni people. The suit was filed at the Federal Court in New York under laws that allow action in the US against firms accused of human rights abuses anywhere in the world. The questions to be asked are, why did the plaintiffs take their matter to the US Court? Why could they not seek redress of their claims in a Nigerian Court? The answers are that our legal system is seemingly hostile to a rights-based approach to environmental protection as it is buttressed by the Port Harcourt Federal Court decision in the Oronto Douglas case.

Biography of Dr. Babatunde Ajibade

One of the fine lawyers from the South West doing the nation proud is Dr Babatunde Ajibade. With a career spanning over 30 years, Ajibade is a perfect description of the ‘let your achievements speak for you’ kind of person. Humble, resilient and unassuming, Ajibade’s career is unarguably one of the few that stands tall amidst several noisy, controversial and corruption stained lawyers in the country.

Dr. Babatunde Ajibade, SAN is the Managing Partner of S. P. A. Ajibade & Co. He was called to the Nigerian Bar in December 1989 and elevated to the rank of Senior Advocate of Nigeria in December 2007. He was the first member of his Nigerian Law School set of 1989 to be so elevated.

Dr. Ajibade obtained an LL.B Degree from the University of Ife (now Obafemi Awolowo University) in 1988. He obtained an LL.M Degree in Corporate and Commercial Law from King’s College, University of London in October 1990 and a Ph.D Degree in Private International Law from the same university in October 1996.

Dr. Ajibade is a Fellow of the Institute of Advanced Legal Studies in London, an International Practice Fellow of the International Bar Association and a Fellow of the Chartered Institute of Arbitrators, United Kingdom.

He combines the role of an advocate, a corporate/commercial solicitor, an administrator and a reformer and has excelled in each of these areas.

Dr. Ajibade is happily married with four children.

Dr. Ajibade, SAN is a strong advocate of a united Bar. He is of the strong persuasion that to solve the many challenges facing the profession, we must be united. According to Dr. Ajibade, SAN, the dividing lines we draw between the Bench and the Bar, between corporate/commercial lawyers and advocates, between law officers and the traditional Bar, between in-house counsel and external counsel, between young lawyers and senior lawyers and even the divisions across nationalities and ethnicities hamper rather than aid the course of the legal profession in Nigeria. While different segments of the profession have peculiar challenges, Dr. Ajibade, SAN believes that to successfully fight off threats to the rule of law, encroachment into our profession by foreign lawyers and other professions in Nigeria, and a myriad of other problems the legal profession faces, we must take steps to unite the Bar.

Dr. Babatunde Ajibade, SAN is the Managing Partner of S. P. A. Ajibade & Co. Since his admission to the Nigerian Bar in 1989, Dr. Ajibade has been engaged in active and full-time corporate and commercial practice, save for time taken out to pursue his postgraduate education. His area of academic specialization is in the field of Private International Law, with particular interest in the law relating to the recognition and enforcement of foreign judgments.

Dr. Babatunde Ajibade, S.A.N., FCIArb is the Managing Partner of S. P. A. Ajibade & Co.  Dr. Ajibade’s area of academic specialisation is in the field of Private International Law, with particular interest in the law relating to the recognition and enforcement of foreign judgments.

Dr. Ajibade has been involved in all aspects of corporate and commercial dispute resolution in Nigeria, and has expertise in litigation involving the recognition and enforcement of foreign judgments, banking law, intra-company shareholder disputes, as well as insolvency and insurance litigation.  Dr. Ajibade also has extensive experience in all aspects of commercial arbitration, both domestic and international, as well as in investment treaty arbitration.

Significant Clients include Tidewater Marine International Inc, Technip S.A., Gitto Costruzioni Generali Limited, Cybele Cosmetics Limited

5.         Honeywell Group Limited

6.         7UP Bottling Company Plc

7.         Fan Milk Plc, First Bank of Nigeria Limited, Union Bank of Nigeria Plc and Sahara Group among others

Dr. Ajibade also has extensive experience in corporate commercial practice and company secretarial practice and has been involved in the Nigerian capital market as solicitor in several public offers of securities as well as in mergers and acquisitions. He is a founding member of the Capital Market Solicitors Association (CMSA). The CMSA was founded by Chief Anthony Idigbe, SAN in 2001 and Dr. Ajibade, SAN was its pioneer Secretary 2001 – 2007, its Vice-Chairman 2007 – 2011 and its Chairman 2011 – 2013. He was also a member of the Rules & Regulations Sub-Committee of SEC’s Capital Markets Committee from 2002 – 2004 and its Vice-Chairman from 2004-2010.

Some of the transactions he has been involved in are:

Led the team that acted as solicitors to Consolidated Breweries Plc in its merger with Nigerian Breweries Plc;

Led the team that represented SRM Partners Limited in its acquisition of First Registrars Limited, a wholly owned subsidiary of FBN Holdings Plc;

Represented Broad Communications in the divestment of its shareholding in Airtel Nigeria Plc;

Represented a Nigerian insurance brokerage company in its acquisition by and merger with a multinational insurance company;

Led the team that represented First Bank of Nigeria Plc in its suspended N500 Billion debt issuance programme.

 

Dr. Ajibade has been appointed to the Boards of a number of high profile companies and organisations, including Vee Mobile Nigeria Limited (now Airtel Plc), Ecobank Transnational Incorporated, Lome, Togo, Fan Milk Nigeria Plc (a wholly owned subsidiary of Danone France), and the International Chamber of Commerce, Nigeria.

As regards his service to the bar, Dr. Ajibade, SAN’s career has been characterised by quiet and efficient service to the legal profession. A few instances of his involvements are listed below:

Member of the NBA National Executive Committee (NEC) between 2016-2018 and from 2018 till date.

Member, NBA Legal Services Trade Mission to the United Kingdom, 2009.

Council Member, NBA-SBL 2014 to 2018.

Member, NBA Appointed SBL Council March 2011 – January 2012.

Chairman, Nominations Committee, NBA-SBL, 2011.

Chairman, Capital Market Solicitors Association between 2011-2013.

Member, NBA Liberalisation of Legal Services Working Group, 2012.

Chairman, Law Week Planning Committee NBA, Lagos Branch, 2014.

Chairman, Conference Planning Committee, NBA-SBL, 2016.

Vice-Chairman, NBA-SBL Committee on Banking, Finance and Insolvency, 2012 – 2016.

Chairman, Judiciary Relations Committee, NBA Lagos, 2019 till date.

https://spaajibade.com

Everything you need to Know about the United Nations Environmental Programme (UNEP)

The United Nations Environmental Programme (UNEP) can be traced to the June 1972 Stockholm Conference themed “Only one Earth”. The establishment of UNEP was one of the 120 recommendations that formed the Action Plan document which emerged at the end of the conference. This Stockholm Action plan was endorsed by the UN General Assembly (UNGA) and UNEP was established by UNGA Resolution 2997 (xxvii) of 15th December, 1972
UNEP was established as a semi-autonomous body and NOT as an executive organ or specialized agency of the UN after debates. Consequently, UNEP has no legal status but has capacity to contract. Today, the UNEP Headquarters is in Nairobi, Kenya on the request of Kenya and as a measure or compromise to give developing countries some sense of belonging within the UN system.

UNEP’s work covers seven (7) major thematic areas. They include:

• Climate Change
• Disasters and Conflict
• Ecosystem Management
• Environmental Governance
• Chemical and Waste
• Resource Efficiency
• Environment under Review
  

Here is The Rationale for the establishment of UNEP and the roles it plays in the world today.

• The Resolution which established UNEP was passed based on the conviction of the need for prompt implementation of measures to safe guard and enhance environment for the benefit of the present and future generation.
• UNEP was established in recognition of the fact that environmental problems are no longer at the level of nationalities (knowing no borders) as activities which are detrimental to the environment transcends borders.
• UNEP was established in recognition of the fact that environmental problems and issues are of broad international significance which falls within the competence of the UN System
• UNEP’s Primary role  is to coordinate the environmental activities of:
  

    -UN Agencies;
    -International Organizations (ILO, FAO, WHO);
    -NGOs; and
  -to stimulate national activities aimed at protecting the environment (HYREP     (Project (Hydrocarbon Pollution Remediation Project) in Nigeria
 

• UNEP functions as a CATALYST for coordination of environmental issues and create a platform for common efforts
• UNEP provides and publishes works in the field of environmental law and compendiums on environmental law issues
• UNEP serves as the world’s ecological conscience providing impartial environmental monitoring and assessment
• UNEP facilitates programs at international, regional and national levels to sensitize on and address environmental issues; and creates platforms to discuss and formulate policies. UNEP was at the forefront of the 1982 World Charter for Nature;  1980 World Conservation Strategy; 1992 Rio Conference on Environment and Development; 2002 World Summit on Sustainable Development, 2019 Climate Action Summit
• UNEP assists in reconciling environmental and economic concerns (HYREP example)
• UNEP keeps a register of toxic chemicals that serves as a reference point for States in addressing issues of transboundary movement of wastes and chemicals
• UNEP helps initiate and coordinate global and regional environmental agreements
• UNEP has played key roles in development on international environmental law and at the forefront of landmark environmental law agreements including: UNFCCC and its Kyoto Protocol; BASEL Convention; Vienna Convention for Protection of the Ozone Layer. Its modus is to first seek consensus on an environmental issue; develop acceptable strategies to address issues; and then consolidate needed political support for control measures. This makes it eventually easy to get States to ratify any subsequent Treaty drawn up to address the issue
• UNEP works with UN Volunteers to work in communities with environmental issues at grass-root levels and to promote sustainable use of natural resources.UNEP/UNV worked in communities in Ethiopia, Nigeria  to support recovery from disasters following conflicts
• UNEP pays special attention to developing countries and their peculiar environmental issues promoting inclusive participation and community engagement in tackling Environmental issues.
  

UNEP’s Organogram

Based on Stockholm Recommendations, UNEP has:

• A Governing Council: The GC was established by Resolution 2997. The GC has 58 members elected by UNGA comprising the following representatives: 16 African States; 13 Asian States; 6 Eastern European States; 10 Latin American States; and 13 Western European and other States. The GC functions include: promotion of international cooperation; review of periodic reports of Executive Director; Recommendation of Policies; Address of emerging environmental issues; Promote Scientific Exchange of knowledge and info on environment; Ensure plans compatible with priority of countries especially developing countries; approval of programs; and utilization of the Environmental fund. GC reports to ECOSOC, ECOSOC then reports to UNGA
• An Environmental Coordination Board (ECB): The Resolution establishes an ECB which is chaired by ED. The ECB ensures coordination among all bodies concerned in implementing environmental programmes. The ECB also works with NGOs, regional commissions and inter-governmental agencies with environmental interests to cooperate in implementation of environmental programmes.
• A Voluntary Environmental Fund: The Resolution 2997 establishes a Voluntary Environmental Fund (VEF) and UN Member States are expected to make voluntary contributions to the VEF. The idea was mooted to encourage participation of developing countries who may be put off if a specific levy was imposed. The VEF is administered by UNEP GC and it helps  to finance programmes of general interest; for regional and global monitoring of the environment; environmental assessment; data collection and research; public education; training; and assistance.
• A Secretariat: The Secretariat is headed by an Executive Director (ED). This ED is elected by UNGA on nomination of UN Secretary General. The ED advises UN bodies on formulation and implementation of Environmental programmes. The Secretariat also functions as Secretariat to other key international environmental law Conventions.
  

In its almost 50 years of existence, UNEP has been able to contribute significantly to the development of international environmental law. UNEP has functioned considerably well in its role as a ‘catalyst’ despite its limitations as a non-autonomous or semi-autonomous body.
Perhaps, UNEP may have functioned even better as a specialized agency of the UN or perhaps not! We may not be able to tell. What is without any iota of doubt however, is the fact that the success of UNEP lies in the cooperation of UN member States and the concerted efforts of States to yield to pressure, proposals and suggestions by UNEP in ensuring the safety and protection of the environment.

References
www.unv.org

http://web.unep.org/divisions/delc/our-work/environmental-law/international-environmental-law
https://scholarship.law.edu/cgi/viewcontent.cgi?article=1672&context=scholar

5 Things Every Land Owner Should Know in Proving Title to Land

As a Nigerian, you must have probably have had your fair share of land disputes or had come across a dispute over two individuals or communities on a land matter. Sometimes, as you are in transit from point A to point B, you will notice a sheer number of buildings tagged with warning messages such as “This land is not for sale, beware of 419.” This is a testament on how easy land disputes arise, hence the need to give off a fair warning.

Before discussing what a land owner should know in proving titles to land, every land owner must firstly know the kind of interests he can hold on land. These interests are Legal interest; and (ii) Equitable interest.

Legal interest is the highest form of interest. It is in the form of having perfected land documents such as certificate of occupancy, deed of conveyance, deed of registration. In any case where there are multiple interests in land, the person with a legal interest is seen as having a better claim to the land.

Equitable interest is borne out of the understanding that for one reason or another, people can acquire land with imperfect documents. The law in a bid to be fair would recognize the right of these people but under the condition that it would fail is someone has a legal interest on the same piece of land.

There are five (5) ways of proving title to land. These are:

    Traditional Evidence
    Production of documents of title;
    Proof of acts of ownership;
    Acts of long possession and enjoyment of land; and
    By proof of possession of adjacent land in dispute in such circumstances which render it probable that the owner of the adjacent land is the owner of the land in dispute.[1]
    Traditional Evidence

Traditional evidence is referred to as immemorial evidence which means going back to ancient times in history. For evidence of traditional history to be acceptable to establish a claim for declaration of title, it must go back to ancient times in the sense that the evidence existed for a very long time. This type of evidence is not usually documented because it has survived through generations.

In Court, both parties in a land dispute may rely solely on evidence of traditional history as to how the disputed land devolved on them. Both versions may be similar, and each version may take on its own to be believable. The law is that where a claimant relies on traditional evidence to prove his claim and same is found to be cogent, it is sufficient to sustain his claim. However, where the other party relies on traditional evidence and there is a conflict between which the Court is unable to resolve, the title may be established by evidence of facts in recent memory. This is what has come to be known as the rule in Kojo II v. Bonsie. The rule is to the effect that “where parties rely on traditional history in proof of their title and the evidence of traditional history is conflicting or is inconclusive, the rule is to be applied to the case by making reference to facts in recent history to resolve the issue.” In the case, the court outlined the principle which is that witnesses of the utmost veracity may speak honestly but erroneously as to what took place a hundred years or more ago. Where there is a conflict of traditional history, one side or the other may be mistaken, yet both may be honest in their belief. In such a case, a demeanour is little guide to the truth. The best way is to test the traditional history is by reference to the facts in recent years as established by evidence and by seeing which of the two competing histories is the more probable.

    Production of documents of title.

There should be witnesses, written agreements of the land’s alienation, and signatories in some cases. Production of documents of title alone is not sufficient to discharge the onus on a plaintiff to prove the title he claims; he must go further to trace the root of his title to one whose ownership of the land has been established. Production of title is merely proof of title. It does not means that once a person produces what he claims to be aof grant, he is automatically entitled to a declaration that the property which such an instrument purports to grant is his own. Rather production and reliance upon such an instrument inevitably carries with it the need for the Court to inquire into some or all of a number of questions, including: 1) Whether the document is genuine or valid; 2) Whether it has been duly executed, stamped and registered; 3) Whether the grantor[2] had the authority and capacity to make the grant; 4) whether the grantor had in fact what he purportedly to grant; 5) Whether it has the effect claimed by the holder of the instrument.

    Proof of acts of ownership

A land owner can prove his ownership or title to a piece of land proving acts of ownership, such as acts by persons claiming the land such as selling, leasing, renting out all or part of the land , or farming on it or otherwise utilizing the land beneficially and such acts of ownership extending over a sufficient length of time and numerous and positive enough to warrant the inference that he is the true owner.

    Acts of long possession and enjoyment of land

A person is said to be in possession when he is in occupation or physical control of the land. The degree of physical control necessary to constitute possession may vary from one case to the other. The party is expected to prove or adduce evidence to show that he lawfully entered into the disputed parcel of land and has been in undisturbed possession for a very long period of time. It must also be noted that claim premised on acts of long possession is only tenable where title is not in dispute and the person in possession is able to validly establish his ownership of the land by proving his root of title.

It should also be noted that where a person from the beginning enters into a disputed land as a trespasser, being in long possession does not count for the person. Unlawful and adverse possession of a piece/parcel of land against the interests of the owners will never in law ripen to confer title in the trespasser no matter how long he has dwelt on the said piece of land. Proof by long possession can only count where it is established by cogent evidence that the person validly entered into the land, and is entitled to possession by reason of having a valid root of title.

    By proof of possession of adjacent land in dispute

Proving possession of adjacent land in dispute in such circumstances which render it probable that the owner of the adjacent land is the owner of the land in dispute. For the method of proof of title to land to apply, evidence must be led that the land is next to or near the disputed piece of land, and the evidence must show that the land in question is neighbouring the land in dispute. Second, the adverse party or opponent of the person relying on this method of proof of title to land must admit ownership of the adjacent or contiguous land to the land in dispute by the person claiming ownership of the disputed piece of land.[3] This mode of proof of ownership merely raises a presumption that the ownership of the adjoining land is likely to be the owner of the land in dispute.

 

Conclusively, the methods of proof of title to land – traditional evidence, production of documents of title, proof of acts of ownership, acts of long possession and enjoyment of land, proof of possession of adjacent land in dispute- are not mutually exclusive as parties can rely on either one or more than one method of proof. What a land owner should do is to adduce cogent, credible, relevant, admissible, weighty and conclusive evidence in conformity with any or some of the methods of proof.

Land owners or persons seeking to acquire landed property should ensure that they seek and obtain early legal advice so as to ensure proper search of roots of predecessors title as well as ensure valid documentation of purchase to prevent disputes and litigation.

[1] Idundun v Okumagba (2006) 2LC 100 (SC)

[2] See Romaine v. Romaine (1992) LPELR 2953; Folorunsho v. Aremu (2022) LPELR-58608(CA).

 

[3] See Registered Trustees of Anwar-Ul-Islam Movement of Nigeria v Ogunyade (2017) LPELR-42320(CA)