A Complete Guide on Call to Bar Screening for Nigerian Law School Graduates 2022

 *STEP BY STEP GUIDE ON CALL TO BAR SCREENING @ NLS*

1. Go to Zenith Bank to get a deposit slip and fill it.

Name of account: *BODY OF BENCHERS*

Account number: *1015715697*

Bank name: *ZENITH BANK*

• Complete your teller, make the N40,000 payment and keep your bank teller.

• Make photocopies of the following:
• Bank teller (1 copy). The original copy will be collected at the Benchers Office.
• Law School ID Card (4 copies)
• LLB certificate original (4 copies)
• Print out your Law School result from the NLS page and make 3 copies. You may choose to make more copies for your own personal records.

• Go to the NLS Abuja Campus. You will need to show your NLS ID card at the gate. Head to the Benchers Office (it is the building opposite the Auditorium). 
• At the Benchers Office, present the following:
• Original bank teller receipt and 1 photocopy.
• Print-out of your result from the NLS page and 1 photocopy.
• NLS original ID card and 1 photocopy.

The above documents will be collected from you and a Body of Benchers receipt will be issue to you with two Call to Bar Invitation Cards.

• Make a photocopy of the Benchers receipt. It will be needed for the next stage*. 

*STEP 4:

Go to the Admissions Building. It is the building opposite the Students Affairs building.

Arrange the documents below with the *original copy and photocopy*:

1.) Body of Benchers receipt

2.) Law school ID card

3.) LLB certificate

4.) Print-out of your result from the NLS page.

A Verification Clearance will be attached to your documents and all your original documents will be returned to you.

*STEP 6

Proceed to the Dinning Hall. Once you get there, head to the board where papers are posted.

Check for your name and the table you fall under. Ask the security for the location of your table.

Present the Verification Clearance issued to you at the Admissions Building to the person in charge of that table and you will be handed your Qualifying Certificate and Testimonial. Then you will be given a book to sign with your name.

• After this, go to the Supreme Court.

• DO NOT fill the Testimonial before you arrive at the Supreme Court especially if you don't have any one to guide you. 
• When filling the Testimonial, write your name in the same order it is shown on your Certificate, but for the stamp your surname is put first. It will be stamped and you'll be asked to pay N50 for your Oath and your name will be enrolled in a “giant book”. Then you'll be directed to a person who will explain to you the next process and please pay close attention to what they say that is, the summary of what they said: for enrollment in the Supreme Court (apparently, there's a different enrollment).

It may be necessary to carry all these documents below back to the Supreme Court immediatly after   the Call to Bar ceremony.

• Pay your Practicing Fee (N5,000) at Access Bank. Keep the teller and bring it back to the Supreme Court after the Call to Bar. 
• Photocopy your Qualifying Certificate. Bring it back to Supreme Court after Call To Bar.
• Another Certificate will be given called Call to Bar Certificate. Bring it to the Supreme Court after the Call To Bar.
• Bring a passport photograph.

 

Note

After the Call to Bar, don't go home immediately. You’ll need to return to the Supreme Court with all the above documents to enable you apply for your enrollment number. Also, you don't need to pay your Practicing Fee immediately, but you will need to pay before your Call date.

• Go back to the NLS Abuja Campus. Photocopy your Testimonial and Qualifying Certificate (2 copies of each).
• Head to the back of the Student Affairs building. Hand over the following documents:
• Original Testimonial
• Original Call to Bar certificate and copy of
• LLB certificate.

This information was last updated in November 2022 and there might be slight changes to the details presented. We would try to update this article with relevant information per time.

Biography of Gbenga Oyebode (MFR)

Gbenga Oyebode is a proper businessman, astute deal maker and lawyer who was born on the 30th of March 1959. He is one of the founding partners and Chairman, Management Board of Aluko & Oyebode a full service commercial law firm in Nigeria.

An alumnus of Christ’s School, Ado Ekiti, Gbenga Oyebode obtained his first degree from the University of Ife now known as Obafemi Awolowo University in 1979 and was admitted into the Nigerian bar as a Barrister and Solicitor of the Supreme Court of Nigeria in 1980. He went further to bag a Master’s degree in Law from the University of Pennsylvania in 1982. He is also a member of the New York State Bar.

Gbanga Oyebode started his career at White & Case, an American law firm, before moving to Gulf Oil now know as Chevron in Houston Texas. In 1992, he formed a partnership with Bamidele Aluko, Odein Ajumogobia and C.N Okeke to practice law in Nigeria. In 1993, he and Aluko broke out from the partnership and started Aluko & Oyebode which runs till date. His practice areas include oil and gas and power projects, foreign investment and privatization, telecommunications, project finance and aviation.

Gbenga Oyebode is a highly rated lawyer with vast knowledge and experience in business and law. According to the International Financial Law Review IFLR 1000 (the guide to the World’s leading Financial Law Firm) he is one of Nigeria’s most prominent lawyers. Chambers Global another legal guide, also regards him as a consummate deal maker who has received pundits from clients and peer alike for his corporate expertise. This is clearly evident in the several accolades and awards he has received both individually and through his law firm.

Currently, in addition to his position as Chairman of Aluko & Oyebode, he sits on the board of several companies in various capacities including Nestle Nigeria Plc, Okomu Oil Palm Company Plc as Chairman, Asset Management Group Ltd as chairman, Combined Industrial Agro Consultants Ltd as Chairman, Timbuktu Media Ltd as chairman, Socfinaf S.A as director, Crusader Nigeria Plc as director, MTN Nigeria Communications Ltd as director. He is also on the Africa Advisory Committee of the Johannesburg Stock Exchange.

Some of the high-profile transactions he has been involved in include advising on the Brass LNG Project, the sale by Exxon Mobil Dil Corporation of its 60 per cent equity stake in Mobil Dil Nigeria Plc to Nipco Plc and the US$360 million Lekki Concession Infrastructure Project for the construction of toll roads and bridges in Lagos State which is the first major PPP initiative in Nigeria. He also advised on the US$1.25 billion financing of the Exxon Mobil Natural Gas Liquid II Project, the US$1.06 billion financing of trains four and five of the Nigerian Liquefied Natural Gas Plant Expansion Project and the development, financing and implementation of the first Independent Power Plant project in Nigeria.

Gbenga is a fellow of the Chartered Institute of Arbitrators and a member of the Nigerian Bar Association, the American Bar Association and the International Bar Association. He is a past chairman of the Nigerian Bar Association Section on Business Law.

Gbenga who was bestowed the national honour of Member of the Federal Republic (MFR) in 2001 and the Belgian Royal Honour of Knight of the Order of Leopold is happily married to Aisha Mohammed-Oyebode, the daughter of late General Murtala Mohammed and they are blessed with children.

University of Jos Commercial Law Past Questions

These past questions are simply compiled here fore academic purposes. we do not own copyrights to the respective questions

 

 

 

2nd Semester (2007/2008) - Agency & Hire Purchase

1. Mr Ndu Eze is the owner of a two-storey building containing six 3 bedroom flats, which is currently in a dilapidated state. He is desirous of putting the building in habitable condition but he is short of cash, arising from recent global financial crisis that saw him lose heavily in certain international deals. Meanwhile, Trust Property Ltd. is a company engaged in the property business and is prepared to fund the repair of the property, on the condition that it should be retained as the owner's agent for purposes of letting out the property to tenants. The company is however worried that the owner may terminate the agency before it would have recovered its investment. (a)Advise the parties on the nature of authority that should be given to the agent under the circumstances (b) Discuss in extenso the agent's duty to act in good faith.
2. Agro Millers Ltd. was awarded a contract for the supply of one million metric tonnes of fertilizer by the Plateau State Government. The fertilizer was to be delivered in Jos on or before April 30, 2008 at the warehouse of the state Ministry of Agriculture. The company engaged the services of Trans Nig. Ltd., a haulage company to haul the goods from TinCan Port to Jos. Upon arrival in Jos sometime in April of that year, the officials of the Ministry refused to accept delivery and all efforts to contact the management of Agro Millers Ltd. of this development proved abortive. In view of the fact that the rains were threatening at the time, Trans Nig. Ltd. offloaded the goods in a warehouse belonging to Mr. Femi Salako for a monthly rent of #100,000. Communication with Agro Millers Ltd. was impossible up till June 2008 when Mr Salako demanded the use of his warehouse, at which time there was no other warehouse available in Jos. Trans Nig. Ltd. proceeded to auction the fertilizer to farmers in Jos. Later on in July of the same year, the Managing Director of Agro Millers called Trans Nig. Ltd. to enquire as to the state of their goods. Discuss the legal issues involved in this case and advise the parties accordingly.
3. (a) Adumbrate the facts and law restated in ACB Ltd. v. Apugo (2001) 5NWLR (Pt. 707) 483   (b) Distinguish between an agent and a bailee.
4. Chief Sunday Vajime is an international businessman who was awarded a contract for the upgrade of facilities at the Yakubu Gowon Airport in order to transform it to an international airport. He asked his trusted friend, John Bala to travel to the United Kingdom and negotiate an agreement with Air Defence Systems Ltd. for the supply of model SS 007 radar facilities for the airport. While in the U.K, John was told that the model could only be sold to a buyer outside the U.K with the permission of the British government first obtained by the prospective buyer. John therefore opted for model PP 419 and he accordingly signed the agreement personally and without qualification. Chief Vajime is not happy and now seeks legal advice on what to do next. (a) identify and discuss the legal issues arising and advise accordingly (b) Distinguish between commission and mercantile agents.
5. MacCherry Nig. Ltd. is a dealer in cars and facilitated a hire purchase agreement in respect of a Honda Accord LX between Mr. Samson Mairiga as hirer and First Finance Co. Ltd as the financier of the transaction. Sometime in January 2009 after he came out the banking hall of GT Bank, he noticed that a crowd had gathered around the car and a writ of fifa had been pasted on the car and a young man, who introduced himself as Moses - a bailiff of the High Court of Plateau State, was leaning on the car and told that the car had been attached pursuant to the judgment of the Hon. Justice Danladi delivered in a suit against First Finance. He immediately accosted the Manager of First Finance Co. Ltd who told him that if he had bothered to read the agreement before signing it, he would have observed that he had expressly agreed that the company did not give him any assurance that the car was without any issues. and that moreover, he was in arrears of two months installment, so he wondered why Mr. Mairiga was raising so much dust. Needless to say that Mr. Mairiga is less than impressed with the whole episode. (a) Identify and discuss all the legal issues arising in this case and advise the parties accordingly. (b) Discuss the law on minimum payment clauses in detail.
6. Christiano Donaldo is a 300 level student who has been trying to impress Cynthia, the object of his desire. he therefore entered into a hire purchase agreement with Shylock Finance Ltd. in respect of a BMW Car with a hire purchase price of ₦1,000,000.00 sometime in September, 2008. He had paid the deposit of ₦200,000.00 and was obliged to pay ₦50,000.00 monthly from October 2008 until he paid the hire purchase price. He was to have paid the installment for the month of November on the 28th of that month but before he left the house that day, his friend called him that there was a crisis in town and he should not go anywhere. A week later, the situation came under control but by then Christiano left town and did not go to make the payment. In fact he has been in default for the last three months. Shylock Finance Co. Ltd. has approached you for advice on its options. Would your advice be different if Donaldo had either:
• Returned the car with body damage, or
• only defaulted paying the installment for the month of October, 2009.
• Write briefly on the assignment of option to purchase.
7. Bimbo Owoyemi entered into a hire purchase agreement for a MX Generation Next gas cooker for a hire purchase price of ₦250,000.00. She paid a deposit of ₦50,000.00 in September, 2008 and was to make monthly payments of ₦20,000.00 until she completes payment. Sometime in February 2009, her friend came to her house, saw the cooker and asked Bimbo to sell it to her. Bimbo obliged and sold it to her for an undisclosed amount. Since March 2009, she has abandoned the hire purchase agreement and the finance company had come into her house to repossess the cooker but could not find it anywhere. The company wants to claim from Bimbo for breach of contract and needs your advice as to what to do and which forum to make its case. Would your advice be different if Bimbo had sold the cooker in her mother's shop opposite Massalacin Juma'a street?  (a) Discuss the principles regarding the appropriation of payments under the common law and distinguish it from that under the Hire Purchase Act.
   

 

 

2nd Semester (2008/2009) - Agency & Hire Purchase

1. Sometime in January 2009, Consolidated Sugar Refinery Ltd. sought to procure a new sugar cane crusher from Wellington Steel Crafts Ltd. The machine was valued at #12,000,000.00. Consolidated Sugar Refinery Ltd. had only half of that sum, so it approached Veritas Finance Co. Ltd. for a loan to finance the difference. Veritas Finance Co. Ltd. approved a loan of #4,000,000 (with an interest of 8% per annum) to finance the deal leaving a balance of the purchase price of #2,000,000.00. There is a six month moratorium on the loan, which is however repayable before the end of March 2010. It was agreed between Wellington Steel Crafts Ltd. and Consolidated Sugar Refinery Ltd. that the latter would pay the sum of #2,000,000.00 in 5 installments of #400,000.00 beginning from January 2010. Consolidated Sugar Refinery Ltd. had defaulted in three monthly repayments to Veritas Finance Co. Ltd. as a result of which the latter entered the factory and seized the sugar cane crusher. It claims that under their hire purchase agreement, Consolidated Sugar Refinery Ltd. is in default of three installments and it has, therefore, excercised its rights under S9 (5) under the Hire Purchase Act. Meanwhile Martin Ugo is a sales representative for Consolidated Sugar Refinery Ltd. for the Northern zone. His primary duty, amongst others is to sell the products of the company to its customers i.e distributors (who are ten in number) within the zone. As a result of the scarcity of sugar in the area as a result of poor farm yield, there was stiff competition amongst the company's customers. Some of the company's customers persuaded him to supply them with sugar as soon as he received stock from the company with a promise to give him "something for his trouble". The supply for April 2010 was 10,000 metric tonnes and the company directed its representative to distribute it equally amongst its customers. As soon as the shipment arrived, Martin called Mallam Idris Sansani and Shehu Bello to come over to receive 2,000 metric tonnes each. After taking delivery, each of them slipped envelopes containing #10,000.00 into Martin's pocket and drove away. Mr. Salihu who is also a distributor did not get any supply and complained bitterly to the Regional Sales Manager, who was directed by the Board of Directors of the company to investigate what transpired. He has now requested for the invoices and waybill regarding the consignment but Martins has not yielded any of these to him.
• Identify the legal issues arising from the facts above in relation to the legal relationships existing between the parties and their duties
• Discuss the legal issues identified in (a) above and advise the parties as to the remedies that are available to them.
• Write briefly on the similarities (if any) and differences between an agent and a trustee
2. Tanko Kasim was engaged by Alhaji Kudi Yabata to look for 10 plots of land at Rayfield, Jos for him to buy. He told Tanko that he was willing to pay the sum of #750,000.00 per plot, nothing more. Tanko found 10 plots of land belonging to Da Gyang Rwang at Gut, Rayfield but Da Rwang insisted on #850,000.00 per plot. Indeed other sellers were insisting on #900,000.00 per plot. Tanko quickly entered into an agreement with Da Rwang in his name paying the sum of ₦1,000,000.00 as part payment so that Da Rwang would not sell the same land to anyone else. While all this was going on, Alhaji Kudi Yabata was away at Abuja. Tanko called Alhaji Kudi Yabata to inform him of what he had done so far. At the time, Alhaji was in a meeting with the minister of Transport for a contract worth ₦400million and he hurriedly told Tanko to do what was necessary to get the land as he had to focus on the meeting. Meanwhile, in the course of depositing a trip of sand on the land in order to show possession, the tipper destroyed a part of the fence wall on the adjoining property owned by Chief Onyisogbu. Alhaji Kudi Yabata has now returned to Jos and he has refused to pay the balance of ₦6,500,000.00 saying that the land is too expensive. Chief Onyisogbu has also threatened to sue Tanko for damages for his broken fence wall.
• Identify the issues arising and accordingly advice each of the individuals on their rights and obligations as they relate to the events described above.
• Would your answer be different with respect to the relationship between Alhaji Kudi Yabata and Tanko if the former was on admission in Ward 13 at JUTH for delirium induced by an overdose of marijuana at the time he received the call from Tanko? Give reasons for your answer.
  
3.      1. State the facts of the case in S.B.N Plc v. Opanubi (2004) 15 NWLR (Pt. 896) 437 and the law restated therein in relation to the law of agency.
• Write extensively on termination of agency by way of revocation by the principal.
  
4. Mr Biodun Olofofo inherited a block of flats at Filin Sukuwa on Bauchi Road, Jos from his deceased father. He called his brother-in-law, Okon Bassey, an estate agent, to rent it out to tenants. Okon let the premises out to students only for Biodun to object on the ground that he prefers married couples to occupy his property as opposed to students who will misuse the property. Okon has collected the rents for the year from the tenants though he has not handed it over to Biodun. On the day before he was to hand over the rents to Biodun, he told Biodun over the telephone that he will deduct his 10% agency fee to which Biodun reacted that he thought that Okon was doing him a favour by managing the property for him on the basis of their family ties - ostensibly on the basis that the bride price on his sister can never be fully paid.
• What are the legal issues involved in this case?
• Address these issues and advice Okon on the propriety or otherwise of his proposed line of action
• What remedies are available to Okon?
• Write notes on a Factor
  
5.  Honourable Dunga is a member of the House of Representatives and upon being sworn-in as such in May 2007, he decided to acquire two brand new vehicles, one for himself and the other for his wife. Linkage Finance Co. Ltd. agreed to finance the transaction for the hire purchase of a Toyota Camry 2007 model and a Honda CRV 2006 model. The hire purchase price of the Toyota Camry is ₦5,500,000.00 while that of the Honda CRV is ₦4,500,000.00. In June 2010, he paid a deposit of ₦500,000.00 each on the two vehicles and the agreement required him to make installmental payments on ₦250,000.00 monthly for each of the cars from then onward. The hirer duly made this payment from July, 2007 in a lump sum of ₦500,000.00 monthly. By December 2008, Hon. Dunga's election into the House of Representatives was nullified by the Election Tribunal in the petition presented by Mr Lagerback. As a result of this, the hirer was thrown into financial crisis and began to default in his monthly payments from January 2009. In May 2009, Linkage Finance Co. Ltd. wrote a letter to Hon. Dunga, terminating the agreement. Meanwhile, his wife who is currently a 300 level law student at the Adamawa State University had earlier advised him in April 2009 to write the company requesting that the payments he has made thus far be considered as payments with respect to the Honda CRV. Linkage Finance Co. Ltd. sent its agents to re-possess both vehicles from Hon. Dunga on May 30, 2009 at his house while he was having a meeting with his political associates on strategy for winning the 2011 election. Linkage Finance Co. Ltd. later on sold the vehicles to Patrice Evra and Diego Milito. Hon. Dunga is highly embarrased and has come to you for advice.
• Identify the legal issues involved in this case.
• Discuss these issues and advice Hon. Dunga as to his rights and or liabilities under the circumstances
6. Lancelot Igho entered into a hire purchase agreement with Jamrock Finance Ltd. for the hire of Haier Thermocool Deep Freezer with a hire purchhase price of ₦102,000.00. Lancelot required the freezer for his cool spot on campus and he desired a freezer that could keep drinks cold for at least 3 days going, even without power supply. He assumed that the freezer would be able to do this without difficulty. The agreement provided that "the owner does not give any guarantee to the hirer that the goods, subject of this agreement, are of merchantable quality or that they are fit for the purpose for which the hirer requires the goods". In addition to this, the agreement stipulated that the dealer shall be deemed to be the agent of the hirer, while the owner was given permission of the hirer to enter into his premises to re-possess the deep freezer in the event of a default in the payment of any installment. Above all, the hirer was required to pay a sum that would bring his total payments to 85% of the hire purchase price in the event that the hirer returns the goods before the end of the period of hire. Lancelot is facing serious financial challenges and he is finding it difficult to keep up with the installmental payments. He has, therefore come to you for advice as to what he should do in the circumstances. Please oblige him, distinctly setting out and addressing the issues that arise in this case.
7. Write concise notes on any three of the following:
• The Implied Condition of Title
• Minimum Payment Clause
• Hirer's Right to Terminate
• Relationship between the Dealer and Finance Company.

 

 

 

 

Biography of Chief Afe Babalola SAN

 

Chief Afe Babalola, CON, OFR, SAN was born on 30th October, 1929. He is 92 years old. He is a Nigerian lawyer and founder of the Afe Babalola University.

His state of origin is Ado Ekiti, Ekiti State, Nigeria

His occupation is that he is a Lawyer, Farmer, Educationist and Educational administrator.

Early life and education:-

Afe Babalola was born in Ekiti State South Western Nigeria. He attended Emmanuel Primary School, Ado Ekiti. He enrolled for the Senior Cambridge School Certificate examination by private study from Wolsey Hall, Oxford. He later obtained the A’Level certificate of London University before he proceeded to London School of Economics where he received a bachelor's degree in Economics. He worked briefly at the Central Bank of Nigeria before he left to the University of London where he obtained a bachelor's degree in Law. In 1963, he was called to the England bar, the same year he became a member of Lincoln's Inn, London.

Babalola is married to Modupe Mercy Babalola. He has nine children, including Bolanle Austen-Peters. 

 

Media Law Problems Faced by Creatives and Entrepreneurs

 Dear Creative & Entrepreneur,
You are likely facing these Media Law Problems

Top legal issues that today’s journalists, creators, and entrepreneurs have in common.

1. Defamation, Privacy, and Accuracy of Information – The best independent journalism projects, bloggers, filmmakers, early stage nonprofits, and artists share work that shines a light onto the practices of the most powerful individuals, businesses and governments in our world. But shining this light requires being accurate with the information that is published online, and compliance with a web of state and federal privacy laws. Without the services of an in-house legal department to do a pre-publication review, and often without an entity as a shield, many assume enormous personal legal liability when they share controversial work. Dealing with defamation and privacy issues before a work is published, and having somewhere to turn when disputes arise can help make sure a project doesn’t die on the vine.

2. Access to public records – It's clear that journalists need access to public records, but you may not realize that documentary filmmakers, researchers, historians, archivists, and a variety of entrepreneurs and nonprofits trying to take raw data and turn it into actionable information need it, too. Accessing this information requires untangling a complex web of state and federal law. Navigating this web be a bit easier with the help of attorneys. And in the case where a lawful request is denied; an attorney can bring formal litigation to ensure that the records are released.

3. Recording laws – When can you audio or video record someone secretly? When do you need a release? Then, once you make your recording, how are you able to reuse that recording and the image of any individuals?  Photos, video, and audio are the preeminent multimedia of our day, so knowing the rules around their creation and dissemination has become critical to everyone who shares multimedia online.   This is typically state law which means multiple lawyers may need to be consulted about laws in different states. Without an effective network creators can plug into for advice, all too often they “wing it”, only to end up running into expensive legal problems later.

4. Responding to illegitimate takedowns – We rely on a private intermediary services to share content with each other such as websites, apps, and webhosts.  Unfortunately, bogus content takedowns often falsely rely on copyright, trademark, and a variety of abusive terms of use violation claims.  Many intermediary services will quickly remove content to avoid liability. Navigating each service’s appeals process, and making the legal arguments to get your otherwise legal content restored is not always easy.  Negotiating with service providers and claimants to restore legitimate content often takes an experienced attorney explaining the user’s legal position.  Without that assistance, in addition to content removal and the risk of related lawsuits, a key consequence of takedowns is that a user can have their account permanently terminated, silencing their voice.

4. Intellectual Property and Licensing – Today’s independent artists, filmmakers, and journalists are plugging in to existing distribution channels, accessing audiences and sustaining their work through licensing deals.  Understanding how intellectual property law works, particularly copyright and trademark law, is one way that today’s journalists, creators, and entrepreneurs sustain and grow their work.  The Knight Foundation, in its report Gaining Ground: How nonprofit news ventures seek sustainability, recently noted that early stage nonprofit journalism projects appear to focus primarily on content production until they reach a budget of $500,000, where the larger portion of budgets start to go marketing, development, and technology expenses.  We can confirm this experience on the ground.  Many of our most successful nonprofit journalism clients, as well as creative clients like filmmakers, understand that one of their most important assets is their intellectual property, but they aren’t always experts in contracts or licensing.  Attorneys can help make sure that the deal presented in a contract actually reflects the client understanding and is appropriate given their business model.

This includes insurance contracts, foundation and government contracting agreements, fiscal sponsorships (when projects are incubated within larger nonprofits), software and API licenses (open source and proprietary), open source content licenses such as Creative Commons. Without easy access to knowledgeable counsel, many creators will sign unfair or even abusive contracts that could tie up their project for years.

1. Fair Use – Andy Warhol said “good artists borrow, great artists steal.”  It may not be as catchy of a quote, but many great journalists, creators, and startups understand their rights to reuse content without permission.  Understanding and exercising fair use allows us to engage in social, cultural, and political dialogue.  It’s a critical safety valve to the broad protection and extremely long duration of copyright law. But as far as laws go, it’s on the complicated side.  When journalists, artists, filmmakers, and startups want to share new perspectives and world-changing ideas, a quality fair use analysis can make that happen.  Moreover, many filmmakers and journalists need a fair use opinion from an attorney to obtain insurance and be picked up by distributors. But the reality is that only a small number of attorneys in the country are experts in fair use law, and when you narrow that list to folks willing to work on a reduced fee basis that number shrinks considerably and clients  never find the legal services they need.

Rather than treating journalists, artists, creators, and startups as silos, let’s recognize the common legal issues faced across all of these groups, and find ways to address the growing demand for legal services by building key legal infrastructure.

The Doctrine of Laches and Acquiescence

 

Laches is a doctrine of time limit when seeking redress in the court of law. It is a doctrine that combates delay in seeking remedy.

 

1. In Common Law, S12 of the Limitation Act of 1966 mentions that an action to recover land in the case of a state authority should be brought within 20 years and in case of individuals, within 12 years. If it is not brought within this time frame, it is presumed that the time has lapsed. 

 

2. In Equity, Lord Condemn in Smith v. Clay supports the application of limitations to an action of redress as regards time. The courts of equity thus developed the doctine of Laches and Acquiescence. 

 

3. In Customary Law through the case of Sunmonu v. Disu Raphael, the court held that limitation is inapplicable to land held under customary law.

 

 

Laches applies where a person culpably stands by and delays to take action to enforce his legal rights when infringement thereto has been brought to his notice. Although the omission or delay in taking action is culpable, it does not carry with it an implication of fraud or bad faith, it is share indolence, inordinate delay or indifference to a person's rights. It raises the implication of a waiver. Thus, in Linsay Petroleum Co. v. Hurd (1874) L.R. 5 P. C. 221, Lord Selbourne stated the circumstances that are important in order to found laches: "Two circumstances always important in such cases are the length of the delay and the nature of acts done during the interval, which might affect either party and cause a balance of justice and injustice in taking the one course or the other so far as relates to the remedy".

A person is said to acquiesce in a course of conduct affecting his right if he behaves in such a way that a reasonable man is led to believe that he consents to that course of conduct and it would amount to fraud on the part of the true owner later to assert his right against the occupier. 

Thus acquiescence means conduct from which it can be inferred that a person has by so doing agreed to a certain state of affairs affecting his legal rights. If a person has agreed to his right being contravened, or taken away, he should not afterwards complain about it; he would be estopped by the fact of his having consented to the act complained of. It follows, therefore, that acquiescence operates by way of estoppel.

Biography of Chief Alexander Olusola Oke (SAN)

Chief Olusola Alexander Oke is a Nigerian lawyer and veteran politician. He was born on 7th April, 1956 in Ilowo, a coastal town in Ilaje Local government Area of Ondo State. His father was from Ilaje and his mother hailed from Imoru town in Ose Local Government Area of Ondo state. 

Growing up, Chief Olusola Oke attended UNA Primary School, Ode-Ilowo between 1961-1963. At age 7, he dropped out of school in 1963 and became a professional fisherman who lived and earned his living from the creek of the rivers in Ilaje and its environs. He wrestled with the wicked conspiracy of poverty and social deprivation that almost prevented him from being educated. Between 1963 and 1973, he engaged in subsistence high sea fishing, a career in which he acquired great fame.

His quest for knowledge compelled him to abandon fishing to the amazement of his fishermen colleagues and returned to Methodist Primary School, Ilepete in 1973 to complete his primary school education. He later proceeded to Methodist Secondary Modern School, Ilepete where he graduated in 1976. He attended Ilaje Grammar School, Atijere in Ilaje Local Government where he bagged his WAEC in 1980. Oke taught briefly as auxiliary Teacher at Happy City College Ayetero, Ilaje Local Government and Methodist High School, Okitipupa.

In October 1981, he was admitted to the Ondo State School of Arts and Science, Ikare where he was, when the prestigious University of Ife (now Obafemi Awolowo University) offered him admission in 1982 to study law. He attended the prestigious University of Ife, a citadel for intellectual giants established within the vortex of Yoruba origin by the evergreen sage, Chief Obafemi Awolowo and other leaders of the emerging post-colonial south-western Nigeria. He bagged a degree in Law from the renowned Great Ife in 1986 from where he proceeded to the Nigerian Law School and was called to the Nigerian bar in 1987.

He joined Olufemi Lanlehin and Co., a law firm in Ikeja, Lagos in 1987 from there, he moved to Okitipupa to establish Olusola Oke and Associates on the 14th of July, 1988. His resolve to commence his law practice early enough was encouraged by his easy grasp of routines and outstanding delivery in all the matters he participated in. He had always seen law as an embodiment of the moral values, sentiments and dispositions of the people and therefore, he had long resolved to employ it as an instrument of societal re-engineering in line with the tenets of Roscoe Pound; And to earn his living from it too. He took that decision with a firm faith in God.

In 1996, he became the Secretary of the Nigerian Bar Association, Okitipupa Branch. Between 1997 and year 2000, he was the chairman of NBA, Okitipupa Branch. Also, between 1997 and year 2000, he was a member of the National Executive Committee of NBA. His professional practice provided the platform that earned him the opportunity to blossom in politics and to join others in liberating his people. Today, his law firm has its headquarters in Abuja. He has been listed for the prestigious title of the Senior Advocate of Nigeria, SAN, three times and in all the three instances, he made it to the final listing.

As the National Legal Adviser of the PDP, between 2008 and 2012, he practiced law to its fullest and paved a way for equity and constitutionality to prevail unhindered in all the matters he handled.

He was a popular youth activist in the ranks of Ilaje Patriotic Front (IPF), a frontline youth pressure group in the late 80’s. The desire of the IPF was for Ilaje people to get to the promised land. They employed their intellectual prowess, provided leadership and ignited the thirst for development in the people. Through purposeful plans, commitment and loyalty to the course of the people, they made a mark and created legendary marks in our land. The group later metamorphosed into a political group. The group, in recognition of his stoic contributions insisted on him going into politics. In spite of the pressure of the group on him to join active politics, he stayed the course of his law practice until 1991 when he was made Local Government Legal Adviser of the Social Democratic Party, SDP. From 1991 to 1992, he was a member of Board of Internal Revenue in Ondo State. Since then, he has combined politics with his legal practice without necessarily leaving one for the other. He was elected a member, Federal House of Representatives representing Ilaje/Ese-odo federal constituency in 1992. By year 2000, he was appointed into the pioneer board of the Niger Delta Development Commission, NDDC. At NDDC, his team executed and completed over two hundred and fifty projects. What he did on the board of NDDC and the experience garnered facilitated his appointment as the Executive Chairman of the Ondo State Oil Producing Areas Development Commission (OSOPADEC), another intervention agency, in 2004.

In 2005, he was nominated and served in the National Political Reform Conference and in 2007, he served as a member of the Presidential Technical Committee on Niger Delta. He was appointed the Chairman of the Federal Polytechnic Bida in 2009 and also appointed Chairman, National Steel Raw Materials Exploration Agency between 2009 to 2011.

He was a governorship candidate in Ondo state in the 2012 gubernatorial election. In the televised debate before the election, Olusola Oke was adjudged winner by a vast majority of the viewers. According to popular youth activist, Olatunji Ariyo, in the second debate which featured only the three leading candidates, Olusola Oke appeared to be the indisputable winner. He exhibited candour, depth and came out smoking hot.

Chief Olusola Oke contested the Ondo state Governorship election which took place in November 2016.

Stemming the Heave of Security Challenges in Nigeria: A Call for Shared Efforts

ABSTRACT 

The greatest treasure ever known to man and his society is incontrovertibly peace. There have been diverse uprisings challenging the peaceful state of the Nigerian polity. Measures have been put in place but it appears these measures do not guarantee security on the long run. With the benefit of foresight and prudence, this essay urges the nation to adopt and adapt to a sociological and collective approach towards remedying the evils of the status quo and establishing a framework for the security of the generation next. 

As a result, some literature review on the subject was carried out and data were sourced from reliable sources like the Nigeria Watch Project: Sixth Report on Violence (2016) and the United Nations website alongside prominent national dailies.  

This essay seeks to appraise the frontline causes of human insecurity which are poverty and unemployment, bad governance and corruption, societal value system, infrastructural decay and institutional failure. This scholarly analysis considers how collective efforts, from all societal spheres can stem the tide and very essentially, uproot the root causes themselves. It concludes that a holistic approach is yet the best option the nation can employ to attain its security objectives.

Keywords – Security, Society, Unemployment, Approach, Religion, Politics

INTRODUCTION: STANDARD WORLD OUTLOOK HUMAN SECURITY

Acknowledging the essence of security Haile-Selassie voices that the United Nations Charter expresses the noblest aspirations of man: …the assurance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion; the safeguarding of international peace and security. As part of her efforts to re-affirm her commitment to freedom, dignity and equality (ethos which inspired the UN 2005 World Summit Outcome representing a commitment to human security), the United Nations introduced the Report of the Sectary-General, Human Security. Emphasis was therefore laid on relating these various definitions to state sovereignty and the responsibility to protect the people. 

   

  Photo Credit - thecommentator.com

It furthermore outlined the principles and the approach for advancing human security. These all can be evaluated as consistent attempts at asserting the outcome of the 2005 World Summit. 

In the words of Eric (2017): 

"the greatest danger to national security outside external aggression is individual, family or community insecurity brought about by preventable or avoidable social conditions of poverty, food insecurity, unemployment, community strife, inequity, oppression, lack of justice. These conditions easily lead to violent conflicts."

Curiously, the import of insecurity is felt in varying dimensions. According to Wikipedia (2017), threats to the general peace may range from low-level civil disorder, large scale violence, or even an armed insurgency. These may be directed at either the state’s citizens, or the organs and infrastructure of the state itself, and may range from petty crime, serious organized crime, political or industrial unrest, or even domestic terrorism. 

The foregoing shows that the wool of human security is one woven in the very threads of the socio-economic, cultural and political factors that prevail in the relevant society. 

THE NIGERIAN SECURITY NARRATIVE: A CONCISE EVALUATION

Nigeria has had her fair share in the spate of the insecurity ravaging the polity and the very fulcrum of her national existence. Onasanya (2012) categorically chronicles these events one after the other: 

"…Maitatsine  crises in parts  of Kano and  Maiduguri in the  early 1980s; Jimeta Crises in Yola in 1984; Zango  Kataf  crises in Kaduna in 1992; Kafanchan College of Education riots and Kaduna Polytechnic riots from 1981 to  1982;  the  University  of  Ibadan  crises  from  1981 -1985;  Bulumkutu  crises  in  1982;  Usman Danfodio University Sokoto unrest in 1982; and Ilorin clash in 1986… Sagamu  riots  in  July  1999,  Kaduna/Enugu  crisis  in  October  1999,  Lagos  and  Kano  crisis  in October 2000, Plateau riots in September 2001, Kano riots in October 2001, …the Plateau and Niger Delta militancy".

In recent times, it is evident that other crises like cattle rustling; land disputes; road mishap; murderous cult activities and other forms of violence are the prevailing undertones for the unceasing confusion in the country. Needless to mention is the terrific campaign of the Boko Haram, a group that through its dastardly exploits has brought untold, unmitigated havoc upon West Africans particularly the Northern Nigerians. 

In a research conducted, Adeola (2016) shows that, ten years now, from 1 June 2006 to 31 May 2016, the Boko Haram conflict has in fact caused a total of 32,842 fatalities, almost one-third of the 101,480 deaths recorded during this period in the Nigeria Watch database. Roughly the same numbers of people were killed directly by the insurgents (16,666) and by security forces (16,182). Most of the victims (13,904) were civilians, including 25 foreigners and 582 women and children. During the same period, the security forces killed ‘only’ 1,309 civilians, including 96 women and 31 children, while 1,445 casualties could not be identified. 

The global peace index of Nigeria so far has been fluctuating with year 2014 value rated to be 2.71, 2015 to be 2.91 falling down to 2.88 in 2016 and currently, 2017, has become so low rated at 2.85. As at the moment, Nigeria ranks 15th in term of the enjoyment of relative peace the world over. 

Conversely, on the global terrorism index, Nigeria went from 8.58 index in 2014 to 9.31 index in 2016 growing at an alarming rate of 4.24%. 

The corollary to this is that if this turn of events is not given a strategic, quick, effective and complete attention by adopting the appropriate counter-active and transformative models, the country could only suffer far damaging ruins. History would surely tell posterity what woes be-devilled the nation! 

To be continued

Merging the possibilities of Nigerian and Indian Media Laws

Media law is the body of regulations that guide media production and use. It encompasses different forms including basic broadcast television, internet and print media amongst others. The practice of media law may involve all of the types of legal issues that might arise during the production or consumption of various types of media. In the same way, the media laws of different nations of the world vary on the basis of these legal issues.

World over, governments treat media types differently especially as regarding regulations and oversight. This is largely because of proliferation. Broadcast media has the largest regulation platforms. It basically includes media that’s intended for a general audience and mass consumption like radio and television, bill boards and other traditional information dissemination systems. However, by contrast, the internet, a most recent broadcast media has fewer regulations.

In Nigeria, apart from a direct regulation of the use of media, media law intersects other laws. One of the fields that’s often an issue in the use of media is intellectual property law. Issues of privacy, piracy and image reproduction are frequently treated today and in many cases, media producers and organizations struggle to protect their trademarks and copyrights. Media law also touches contract, criminal law, Torts, taxation, insurance and Environmental law amongst others.

No society can develop without the existence of these media laws as with other laws. However, the rise of new phases like freelancing and citizen journalism has posed a serious challenge to the observance of media laws owing to the fact that citizen journalists (both in Nigeria and other climes), with the aid of any digital device write, copy, download and upload as well as post pictures, information and videos as much as they want on the Internet. The official broadcast media are regulated by the Nigerian Broadcasting Corporation, National Communications Commission and other regulatory bodies (federal sgencies and lsboir unions alike) unlike these new phases of the media which until recent times have no umbrella regulations. A pointer is the recent findings which reveal an increased level of awareness of media laws (87%) among Nigerians (especially youths) leading to considerable level of familiarity of media laws. The findings indicate that Nigerian undergraduates observe media laws in posting stories in new media but do not observe the laws in posting pictures and downloading videos. The study among other things recommends concerted effort by all stakeholders in the new media era including the Nigerian Communications Commission, Internet Service Providers, GSM operators and mobile phone users to combat the erosion of media laws by citizen journalists.

The media in India is basically self-regulated. The existing bodies for regulation of media  such as the Press Council of India, which is a statutory body, and the News Broadcasting Standards Authority, a self-regulatory organisation, issue standards which are more operational like guidelines. In India, the Press is free but subject to few restrictions imposed by the Constitution of India, 1950, as amended. Before the impact of globalization was felt, media was controlled by the government, which let the media project only what the government wanted the public to see and in a way in which it wanted the public to see it. Today, the situation has undergone a drastic change.

By the recent times development and Implementation of media laws in Respective Climes, media law continues to change and grow. It is dynamic and a unique part of the developments in the legal system of any country. The reign of the internet and its neutrality is one hotspot debate concerning the media and this largely looks like the future for media in many countries of the world. This debate includes positions whether media outlets should be able to give priority level on some contents over others when they operate their networks.

Proponents place intellectual subscriptions to the net neutrality policy and say that giving preference based on content is tantamount to censorship. Opponents  however say that some consumers, like internet-based visual media company Netflix, use a disproportionately large amount of bandwidth that can slow down other users. Adding to uniquely local national media law issues, there are also international issues to be aware of. In that same way, some countries may have varying content limitations for media than others. That way, there are different rules and customs regarding piracy and intellectual property rights. For India, there should be an objective look into these varying laws to find a balance.

Popular media systems of the world vary from each other according to the economy, polity, religion and culture of different societies. In societies, which followed communism and totalitarianism, like the old USSR and China, there were limitations of what the media could say about the government. Almost everything that was said against the State was censored for fear of revolutions. On the other hand, in countries like USA, which have a Bourgeois Democracy, almost everything is allowed. In Nigeria, there is a protection for freedom of speech. However you cannot be guaranteed of freedom after speaking, especially if it's a talk against the government.

In such an era of media upsurge, it becomes an absolute necessity to impose certain legal checks and bounds on transmission and communication, plus a conscious effort to allow voices to air.

Conclusion

By Digital trends and media explosion, it is no wisdom to remain confined to the boundaries of traditional media. The media world has expanded its dimensions by encompassing within its orbit, the widening vistas of cyber media etc. In result, the laws governing them are also numerous with various important legislations affecting the branches of Media Communication, making citizens aware of their rights and its exercise within the framework of the law.

This article was first published by Its.Legal, an Indian legal platform for students and young lawyers.