HELLO LEARNED FRIENDS/COLLEAGUES, I'D LIKE US TO CREATE A FORUM FOR YOUNG, CREATIVE, SMART, ENERGETIC, HARD-WORKING AND INTELLIGENT YOUNG LAWYERS, INTER ALIA, TO MEET WHERE WE CAN DISCUSS ISSUES AND EXCHANGE IDEAS.

SO,WE START HERE?

PEOPLE CAN ALSO POST THEIR QUESTIONS HERE AND WE SHALL TRY TO PROFFER ANSWERS TO THEM TO THE BEST OF OUR ABILITIES.

HOWEVER,  IF YOU HAVE ANY URGENT LEGAL ISSUES OR OTHERWISE THAT YOU'D LIKE US TO DISCUSS, PLEASE FEEL FREE TO CONTACT ME ON

Nice idea mate. Looking forward to posting questions, sharing ideas and opinions on matters affecting the legal profession.

De bst idea i will b glad 2 be among

Hey guys let us begin by dropping specialised foreign law forum sites here where we can update ourselves with the current global trends in law for our local interests.
thanks Lioncolist for that brilliant idea.

Etutor just got it right. Let's share our foreign law forum affiliations.

Hello my fellow friends in dis trend. Am a young man dat wnts 2 stdy law, can any 1 giv me deatails or guide lines i cld b followin on becomin a successful lawyer? Thank u.

The practice of intellectual property law, especially patent law, is almost non-existent in 9ja but I can only imagine that businesses come up with innovation. How are companies protecting/asserting their rights past Non Disclosure Agreements (NDAs)?

It may be true that the country as a whole is not fully industrialized but the oil and banking sectors are on par with that of western nations. Is everything just treated as trade secrets?

^^
@Wallie,
The laws are there, and the legal framework is there.
The reason why they do not work is simple economics; so long as we do not have a real sector actively run by Nigerians, Nigerian intellectual property will not be valued by anybody.

We have multinationals who are only here to exploit either our natural resources or our population, and not grow our economy. It's far more beneficial for them to exploit these resources at a premium, since most of the time the premium is at Nigeria's expense. This approach raises the cost of production in Nigeria far more than anywhere else in the world.

In my job, I receive all sorts of ideas everyday; proposals that are in the process of being patented. Unfortunately, because I work in an MNC, they are not interested in local ideas. MNCs in Africa, and in Nigeria believe that the market is primitive and starved, and so will receive any basic service they are offered. Because these products or services are absent in Nigeria/Africa anyway, the market needs them.

Use the pharma sector as an example. Nigeria is basically a dumping ground for any kind of drug, from India or China. Maybe pharmacists will have something to say about this, but I never heard of any drug locally created in a lab in Nigeria, to address medical conditions peculiar to Nigeria.

@Ajanlekoko

I just read an article by someone at the law firm of Aluko & Oyebode that patents granted in Nigeria are only examined as to form and not substance. Although, I can’t say that I’m surprised as patent practitioners in 9ja are not subject matter experts but a practice like that makes patent prosecution a waste of money and time.

The movie industry is growing and has a real potential of generating substantial foreign exchange and tax naira to the government. However, it seems that the lack of enforcement coupled with the incompetence of the government have made copyrights holders unwilling to assert their rights.

When Kunle Afolayan came here to premier his movie “Figurine”, I asked him about what he as a producer is doing to protect his films from being shown freely on YouTube, he said by delaying the release of the film to DVD. I was a little puzzled because I couldn’t understand why someone in his shoes wouldn’t want to go after YouTube. I understand that the legal landscape in Nigeria makes it impossible to sue the Alaba boys, but shying away from asserting your rights in the US against a major player? You can view almost any 9ja movie freely on YouTube.

My conclusion was that Nigerians, at least those in the movie industry, don’t believe in intellectual property rights. I think the movie industry will make a great test case for strengthening/enforcing the copyright laws because it doesn’t involve any technical knowledge.

With regards to the MNCs, all it is going to take for them to wise up is for someone local to patent an improvement of their machine or article then asserting the patent against them in a US court.

I only wish that Nigeria will have a government that understands the employment and financial gain that could result from proper policing of intellectual property rights. The situation will be a win-win for the government because that will result in taxes, development, investments, and employment.

Sometimes, I wish I can just have an audience with the powers that be!

Wallie:

@Ajanlekoko

I just read an article by someone at the law firm of Aluko & Oyebode that patents granted in Nigeria are only examined as to form and not substance. Although, I can’t say that I’m surprised as patent practitioners in 9ja are not subject matter experts but a practice like that makes patent prosecution a waste of money and time.

The movie industry is growing and has a real potential of generating substantial foreign exchange and tax naira to the government. However, it seems that the lack of enforcement coupled with the incompetence of the government have made copyrights holders unwilling to assert their rights.

When Kunle Afolayan came here to premier his movie “Figurine”, I asked him about what he as a producer is doing to protect his films from being shown freely on YouTube, he said by delaying the release of the film to DVD. I was a little puzzled because I couldn’t understand why someone in his shoes wouldn’t want to go after YouTube. I understand that the legal landscape in Nigeria makes it impossible to sue the Alaba boys, but shying away from asserting your rights in the US against a major player? You can view almost any 9ja movie freely on YouTube.

My conclusion was that Nigerians, at least those in the movie industry, don’t believe in intellectual property rights. I think the movie industry will make a great test case for strengthening/enforcing the copyright laws because it doesn’t involve any technical knowledge.

With regards to the MNCs, all it is going to take for them to wise up is for someone local to patent an improvement of their machine or article then asserting the patent against them in a US court.

I only wish that Nigeria will have a government that understands the employment and financial gain that could result from proper policing of intellectual property rights. The situation will be a win-win for the government because that will result in taxes, development, investments, and employment.

Sometimes, I wish I can just have an audience with the powers that be!

Someone here on Nairaland pointed me to Herman De Soto's book 'The Mystery of Capital'. Reading that book made me understand the real reasons for poverty in the developing nations. Legality is the essential difference between money and capital, between land and its value, between a business and its value. Without the requisite regulatory environment, what we have is nothing more than the Wild West, and rights are asserted by brute force. Nothing stops the Alaba boys from seizing control of anybody's intellectual capital.

We are simply immature as a people.

That sounds like a good book to read. If only we could have one visionary and charismatic president! I included charismatic as a quality because the legislative arm will need a lot of convincing to do the right thing! On the other hand, the president can easily deal with the executive arm by firing the incompetent ministers at the slightest hint of incompetence or corruption.

@Akdot. U want to become a loya?
I have som questions 4u.
1. Y do U wan to study law? This is a noble calling that a time comes in ur life that the only thing that keeps you going is ur passion and love for what you are doing.
If its the money that you are looking for, I will tell you to look somewhere else, because if U r a trial loya, the 1st 5 years of your leaving lawskul is just the commencement of your learning. Therefore, leaving lawschool is a certificate and license 4 u to come and learn the ropes.
Just like Medicine, law is not for the lazy, indolent, complacent, slow persons inter alia.

Furthermore, be convinced of your reasons to become a loya.

However, if U r so convinced of becomin one, get admitted into a Uni, and come back for more instructions,ok?
I wish U the best in your quest.

Ciao

Are you sure you want to be a lawyer?

In tribal times, there were the medicine men. In the Middle Ages, there were the priests. Today, there are the lawyers. For every age, a group of bright boys, learned in their trades and jealous of their learning, who blend technical competence with plain and fancy hocus-pocus to make themselves masters of their fellow men. For every age, a pseudo-intellectual autocracy, guarding the tricks of the trade from the uninitiated, and running, after its own pattern, the civilization of its day. Fred Rodell


Assuming you’re able to get into law school –
Law school has been described as a place for the accumulation of learning. First-year students bring some in; third-year students take none away. Hence it accumulates. Unknown


After graduation -
[i]There are three sorts of lawyers - able, unable and lamentable. [/i]Robert Smith Surtees

If you’re one of the “able”, then you will become -
[i]An individual whose principal role is to protect his clients from others of his profession. [/i]Unknown


Just joking Akdot! Study hard and do well in school; you’ll be fine!

@lion n wallie: actually i feel it in me n am havin dis urge 2 go 4 it,well its nt 4 d money bt u know now lol. u guyz jst keep d gud work going. thanks

Its about time,

Am so glad a thread like this is up here for legal minds like us. Am sure we can rub minds on some legal issues and constitutional crisis that rocks d nation from time to time.

hello my fellow learned colleagues, i am quite excited that this forum has been created.i am 2 years at the bar and i just completed my NYSC programme.i have been looking for a job in law firms to no avail yet. pls if anyone knows of a lawfirm in need of a staff kindly let me know.my choice places are surulere,isolo or ikeja.thanks and God bless

^^^^^^^^^^ why are you limiting yourself to those areas? any particular reason?

AMIA, AS A LEGAL PRACTITIIONER, UMUST HAV AN OPEN MIND TO WORK ANYWHERE U CAN GET AN EMPLOYMENT. MOREOVER, THIS VACATION PERIOD IS BEST TO SECURE EMPLOYMENT. GO TO THE COURTS AND CHECK THEIR NOTICE BOARDS. U SHOULD FIND A COUPLA THEM

ALSO, ITHINK I SHOULD BE ABLE TO REFER YOU TO A FIRM IN ANIFOWOSE, IKEJA.
GO TO 20, ODUYEMI STREET, ANIFOWOSE, IKEJA. THE FIRM IS ATLANTICSOLICITORS. IF U HAVE A TEACHABLE HEART, A WILLING SPIRIT AND A GOOD EXPERIENCE,U MAY BE EMPLOYED IF THEY HAVE NOT YET EMPLOYED OTHERES. I WISH U LUCK.

BY THE WAY, TRY TO SEE THE PRINCIPAL IF YOU CAN, OK?

lonelypal, bring them and lets learn one or two things here

I DISCOVERED ONE THING IN THIS PROFESSION THAT IS IN TOTAL OPPOSITION TO THE EXPECTATIONS OF NEW WIGS. YOUR CALL TO BAR CERT IS NOT, IN MANY CASES, A LICENSE FOR YOU TO MAKE A BIG BANG MONEYWISE; IT IS A LICENSE TO LEARN THE ROPES IN THE PROFESSION.

MANY GRADUATES FROM LAW SKUL EXPECTING TO START MAKING GOOD MONEY IMMEDIATELY AFTERWARDS, GRADUATE ONLY TO REALIZE THE HARD TRUTH THAT THEIR TAKE-HOME ALLOWANCE DOES NOT EVEN TAKE THEM HALF THE WAY HOME.
NOTWITHSTANDING ALL THESE SETBACKS, DO NOT, I REPEAT, DO NOT LET THIS TREND IN THE PROFESSION KILL YOUR PASSION AND ZEAL FOR THE NOBLE CALL.

I AM LAWAL ADEWALE NURUDEEN.I HAD A CASE OF INTERNET FRAUD WITH EFCC IN MY YR4 SURVEYING AND GEOINFORMATICS ENGINEERING DEPARTMENT,UNILAG.I WAS GRANTED BAIL AFTER BEING DETAINED FOR A WEEK i.e 7/NOV/2007 TO 14/NOV/2007.I RETURNED TO SCHOOL FOR MY 5TH(FINAL) YEAR.MEANWHILE,I WAS REPORTING TO THE EFCC OFFICE WEEKLY AS ASKED TO UNTIL TWO DAYS AFTER I DEFENDED MY FINAL YEAR PROJECT i.e 22ND/OCT/2008 WHEN I WAS DETAINED BY EFCC THAT I WAS TO BE TAKING TO COURT AFTER MAKING REASONABLE RESISTUTION OF THE ALLEDGED MONEY.
I WAS CHARGED TO COURT ON THE 3RD/NOV/2008 BEFORE JUSTICE M.O OBADINA OF THE IKEJA HIGH COURT.I PLEADED NOT GUILTY TO THE 11 CHARGES AND WAS SUBSEQUENTLY REMANDED IN MAXIMUM SECURITY PRISON,KIRIKIRI TILL 3RD/DEC/2008.AT THE NEXT HEARING I WAS TOLD I WAS TO TAKE ANOTHER PLEA TO 8 CHARGES ON THE CASE BEFORE JUSTICE OLOKOOBA OF THE SAME HIGH COURT.ASKED WHY SO BY MY LAWYER,THEY TOLD HIM I COULD WIN THE CASE IN ONE COURT BUT NOT IN THE COURT.I BECAME SO SCARED AND WAS READY TO GIVE UP.LATER ON,MY LAWYER,HOPING HE WAS HELPING ME,ADVICED THAT WE SHOULD GO ON PLEA BARGAIN SO THAT I COULD BE FINED AND THEM REGAIN FREEDOM NEXT HEARING AND THAT I WOULD HAVE TIME TO GO FOR CLEARANCE IN SCHOOL AND THEN NYSC.AS AN AGREEMENT TO THE BARGAIN,I RESTITUTED ABOUT $9,000.
ON THE 10TH/MARCH/2009,I WAS SENTENCED TO A YR IMPRISONMENT AS AGAINST WHAT WE BARGAINED FOR BUT I QUICKLY ACCEPTED MY FATE.I REGAINED FREDOM ON THE 10TH/NOV/2009.
I WENT TO SCHOOL FOR MY CLEARANCE BUT WAS DAZED WITH AN EXPULSION LETTER FROM THE OFFICE OF THE REGISTRAR.I WROTE AND APPEAL LETTER BUT WAS REJECTED.
PLS ADVICE ME!!!

Aproko:

^^^^^^^^^^ why are you limiting yourself to those areas? any particular reason?

madam why u know mind your business? u think say na everybody fit work for legal dept like you.

Nice forum, finally I  have found my colleagues. Well am in Abuja and hav been practicing for 6 yrs , if u hav any questions or and legal practice issues in FCT and environs feel free to hit me up. hybridsolicitor@yahoo.com   07055529276, Also feel free to contact me for Company Reg matters.

viazi,pls can you advice me?

waleadex:

I AM LAWAL ADEWALE NURUDEEN.I HAD A CASE OF INTERNET FRAUD WITH EFCC IN MY YR4 SURVEYING AND GEOINFORMATICS ENGINEERING DEPARTMENT,UNILAG.I WAS GRANTED BAIL AFTER BEING DETAINED FOR A WEEK i.e 7/NOV/2007 TO 14/NOV/2007.I RETURNED TO SCHOOL FOR MY 5TH(FINAL) YEAR.MEANWHILE,I WAS REPORTING TO THE EFCC OFFICE WEEKLY AS ASKED TO UNTIL TWO DAYS AFTER I DEFENDED MY FINAL YEAR PROJECT i.e 22ND/OCT/2008 WHEN I WAS DETAINED BY EFCC THAT I WAS TO BE TAKING TO COURT AFTER MAKING REASONABLE RESISTUTION OF THE ALLEDGED MONEY.
I WAS CHARGED TO COURT ON THE 3RD/NOV/2008 BEFORE JUSTICE M.O OBADINA OF THE IKEJA HIGH COURT.I PLEADED NOT GUILTY TO THE 11 CHARGES AND WAS SUBSEQUENTLY REMANDED IN MAXIMUM SECURITY PRISON,KIRIKIRI TILL 3RD/DEC/2008.AT THE NEXT HEARING I WAS TOLD I WAS TO TAKE ANOTHER PLEA TO 8 CHARGES ON THE CASE BEFORE JUSTICE OLOKOOBA OF THE SAME HIGH COURT.ASKED WHY SO BY MY LAWYER,THEY TOLD HIM I COULD WIN THE CASE IN ONE COURT BUT NOT IN THE COURT.I BECAME SO SCARED AND WAS READY TO GIVE UP.LATER ON,MY LAWYER,HOPING HE WAS HELPING ME,ADVICED THAT WE SHOULD GO ON PLEA BARGAIN SO THAT I COULD BE FINED AND THEM REGAIN FREEDOM NEXT HEARING AND THAT I WOULD HAVE TIME TO GO FOR CLEARANCE IN SCHOOL AND THEN NYSC.AS AN AGREEMENT TO THE BARGAIN,I RESTITUTED ABOUT $9,000.
ON THE 10TH/MARCH/2009,I WAS SENTENCED TO A YR IMPRISONMENT AS AGAINST WHAT WE BARGAINED FOR BUT I QUICKLY ACCEPTED MY FATE.I REGAINED FREDOM ON THE 10TH/NOV/2009.
I WENT TO SCHOOL FOR MY CLEARANCE BUT WAS DAZED WITH AN EXPULSION LETTER FROM THE OFFICE OF THE REGISTRAR.I WROTE AND APPEAL LETTER BUT WAS REJECTED.
PLS ADVICE ME!!!

What were the grounds given by the school authority for the expulsion? Thats a good place to start from.

For committing a criminal offence and not worthy.

waleadex,
                   Yr Lawyer should have adviced u not to plead guilty and or accept any plea bargain stuff,  your school was waiting patiently for u to do that to capitalise on it and expel u and the love of freedom lured u into it. Why I personally advice my Clients never to plead guilty in any Criminal Case is simply because the implication is so grave, U ARE AUTOMATICALLY AN EXCONVICT BY DOING SO and it will hunt u for the rest of yr life, u will not be able to hold any political post under normal circumstances,  Another reason y U never have pleaded guilty is bcosthe CONSTITUTION BY S.36(5) presume u innocent until proven guilty by a Competent Court and the STANDARD OF PROVE IN CRIMINAL CASES IS BEYOND REASONABLE DOUBT, FURTHER THE EVUDENCE ACT DOES NOT MAKE CLEAR PROVISION FOR THE ADMISSIBILITY OF ELECTRONIC/COMPUTER EVIDENCE, so yr Lawyer if he knows his ONIONS from his SUYA could have adviced u to plead NOT GUILTY, apply for COURT BAIL while u return to school to continur yr studies, with luck u might hav Graduated before the end of the case or if the school willnot let u go b/cos the case is pending in Court yr Lawyer could have sued the SCHOOL to via MANDAMUS to compel them to Graduate u or to RESTRAIN THE SCHOOL FROM PENALISING U WHILE THE CASE IS YET TO BE CONCLUDED for the same reason dt U ARE PRESUMED INNOCENT UNTIL PROVEN GUILTY BY A COMPETENT COURT,  all yr Lawyer need to do do is to rely on technicality I.E object vehemenly to the admissibility of electronic evidence i.e computer and internet because it is out of the scope of our  evidence Act, and this will be sufficient REASONABLE DOUBT for the court to discharge and acquit u, hybridsolicitor@yahoo.com

i luv this friends.
so we move on!

This is a welcome idea and i implore the users and visitors to this forum to take this forum with all the seriousness it deserves. I envisage this forum as one where we can exchange ideas and legal opinions freely which will not only make us grow professionally but also enable us add value to our organisations and firms.

viazi:

waleadex,
                   Yr Lawyer should have adviced u not to plead guilty and or accept any plea bargain stuff,  your school was waiting patiently for u to do that to capitalise on it and expel u and the love of freedom lured u into it. Why I personally advice my Clients never to plead guilty in any Criminal Case is simply because the implication is so grave, U ARE AUTOMATICALLY AN EXCONVICT BY DOING SO and it will hunt u for the rest of yr life, u will not be able to hold any political post under normal circumstances,  Another reason y U never have pleaded guilty is bcosthe CONSTITUTION BY S.36(5) presume u innocent until proven guilty by a Competent Court and the STANDARD OF PROVE IN CRIMINAL CASES IS BEYOND REASONABLE DOUBT, FURTHER THE EVUDENCE ACT DOES NOT MAKE CLEAR PROVISION FOR THE ADMISSIBILITY OF ELECTRONIC/COMPUTER EVIDENCE, so yr Lawyer if he knows his ONIONS from his SUYA could have adviced u to plead NOT GUILTY, apply for COURT BAIL while u return to school to continur yr studies, with luck u might hav Graduated before the end of the case or if the school willnot let u go b/cos the case is pending in Court yr Lawyer could have sued the SCHOOL to via MANDAMUS to compel them to Graduate u or to RESTRAIN THE SCHOOL FROM PENALISING U WHILE THE CASE IS YET TO BE CONCLUDED for the same reason dt U ARE PRESUMED INNOCENT UNTIL PROVEN GUILTY BY A COMPETENT COURT,  all yr Lawyer need to do do is to rely on technicality I.E object vehemenly to the admissibility of electronic evidence i.e computer and internet because it is out of the scope of our  evidence Act, and this will be sufficient REASONABLE DOUBT for the court to discharge and acquit u, hybridsolicitor@yahoo.com

You sound good and nice, am new in the forum, after reading your post, i was moved to register, i just gained admmiion to study law in UNEC. Pls i will quality advice from you any time, i will allways ask, please endeavour to answer, tanks so much.