₦airaland Forum

The duo of Joseph Ogunmodede and Francisca Walter of the Faculty of Law University of Ibadan (UI), have beaten other contenders to win the inaugural Olasupo Shasore Moot and Arbitration competition. The University of Nigeria, Nsukka (UNN), came second while University of Lagos (UNILAG) took the third place.

The contest was in honour of Olasupo Shasore (SAN) the former Attorney-General of Lagos State and Chairman, Arbitration and Dispute Resolution Committee of Business Law of the Nigeria Bar Association. It was organised by the Mooting Society, Faculty of Law of the University of Lagos,(UNILAG).

Of the five participating universities, UI and UNN emerged finalists and Omeye Emenike and Nwanneka Michael of UNN both slugged it out at the Ayo Ajomo Hall of the Nigerian Institute of Advanced Legal Studies (NIALS) of UNILAG law faculty.

Challenged on the theme: “Arbitration as an alternative to disputation in Nigeria court of law; challenges and prospects” Ogunmodede’s team, which represented the respondent party in a court setting, opposed the claimant party to appeal as a right to the Federal High Court after arbitration has taken place.

Following heated arguments, the two parties submitted dispute to arbitration panel, where the judgment passed was in favor of the respondent. Emenike and Nwanneka were not satisfied with the judgment. They, therefore, sought a review at the court, which after hearing the parties’ briefs rejected the claimant appeal in line with the terms and conditions of arbitration.

Ogunmodede said his team actually participated to learn and not to win.

“As a team, we didn’t prepare to win. It is in the policy of the Moot and Mock Committee of University of Ibadan to go to competitions to learn rather than focus on winning. The fact that all participants from my school participated for the first time is just a clear pointer to the fact that the motive was to learn the procedural aspect of law.

“I felt elated when my name was mentioned. My self-confidence was boosted and it gave me the assurance that it is not how far, but how well. During the preparations there were times I asked myself whether I will ever make a good lawyer, but it extinguished my doubts. When I remembered Winston Churchill’s quote ‘success is not final, failure is not fatal; it is the courage to continue that counts’

The president of UNILAG Mooting Society, Oludare Amusan, said the school won similar competition conducted by it recently. Though it did not win the contest, Amusan said their representatives, who are in their third level, made the school proud as they have not yet come across arbitration and company law in their courses.

Amusan said the programme would encourage the up and coming lawyers to dabble into arbitration in order to give their clients more options for settling their disputes. Also it will create opportunities for students to learn about arbitration, which is not a course in the school.

http://thenationonlineng.net/new/ui-wins-moot-contest/


Pix: Ogunmodede (right) receiving his award from Mr Bello Salihu

It's a pity people will still not appreciate the sagacity of Nigerians.

An argument occurred now between my colleagues and I as to who is more intelligent between Otunba Gbenga Daniel and Dr. Olusegun Mimiko. Without prejudice to the corruption of OGD and the fact that Mimiko is moving stuffs in Ondo, some of the development sprung up by OGD are unprecedented and it's a clear pointer to his utmost sagacity!
HAVE YOUR SAY!!!
Cc:
lalasticlala

pman06:
My bro i won't wager my money on him winning. Do you know how often government workers went on strike, because he refused to pay them their cooperative money for over 6months and yet continue deducting it from their salary.

One question too, apart from road, what has he done in Ogun State? 4years in office without recruiting unemployed citizens and even sacking some PS.

Well... If there's anything I like, it's objectivity. Without prejudice to the fact that Amosun is not perfect, did you get all these facts from a credible source? I mean like the newspaper, news broadcast? Something I want you to know is that there are so many stories behind whatever happened and each person will tell a bias story to favour himself or herself. As regards deduction, my mother was also affected and I know how it feels like but my question is this "who shouted when he paid the 2months arrears OGD was owing them?". I also want to intimate you with the fact that no reasonable politician will deliberate decide to owe salaries some months to election. In fact, a typical Nigerian politician will get the money at all cost and make them suffer immediately the wins. What do you know about the financial oppression from Aso Rock?
As regards retiring PS, we can't eat our cake and have it! We are complaining that civil servants are not getting promotion and yet, we are complaining about the government retiring Permanent Secretaries whose retirement were due but refused to leave the office by continued backdating of their age. Well...no wonder OGD said we, Ogun State indigenes, are gullible.
My take, there are actually so many stories surrounding these issues people are complaining about and it's unfortunate that most of us have decided to settle for hearsays.

prissyluv:
Thanks so much dear. I am more than grateful.

You're most welcome

prissyluv:
Wow,quite insightful. Thanks a lot.
So if a partner who wedded under the customary law goes to a court of law to dissolve his/her marriage,what evidence will he/she present to the court as being married to the said person? Will the terms of property sharing and who takes responsiblity of the children(if any) be decided by the court too?

So,is it possible to have a statutory marriage forgoing the customary without aftermath consequences?

Hope you dont mind my too much questions. Thanks

The evidence of a customary marriage is the payment of BRIDE PRICE by the family of the husband to the family of the wife. Therefore, failure to lead evidence to the effect that the bride price was paid leaves the court with the conclusion that it's mere cohabitation.
The court can also make pronouncement on property and children under maintenance and custody of children respectively. It must, however, be noted the rules governing these two subject-matters differ from those of the statutory marriage. Although the husband is obliged to maintain the wife under customary marriage but she's not automatically entitled to the husband's property like the statutory marriage.(The more important reason not to take statutory marriage with levity). Also, as regards custody of children, the man has exclusive custodial right i.e he is the owner of the children unlike under customary marriage where the child is given to the best person that can take care of the child, even if a third party.
As regard foregoing customary marriage, it may not be advisable. The reason being that each have a role to place and this has led to a high incidence of double deck marriage. For example, it is customary law that gives the society the impression that you're married. It also helps family harmony most times because, apart from the fact that no family member will disturb the marriage having given consent to your union, the family can also help resolve dispute and protect the sacrosanct institution of marriage. Quote me! Marriages where the family of the wife loves the husband so much and vice versa lasts more.
I don't mind the questions. It's my joy when people walk on this path without missing it. You're welcome.

prissyluv:
Wow,quite insightful. Thanks a lot.
So if a partner who wedded under the customary law goes to a court of law to dissolve his/her marriage,what evidence will he/she present to the court as being married to the said person? Will the terms of property sharing and who takes responsiblity of the children(if any) be decided by the court too?

So,is it possible to have a statutory marriage forgoing the customary without aftermath consequences?

Hope you dont mind my too much questions. Thanks

Battery low! Will reply later.

Hmmm...it's well!

prissyluv:
I want to ask,if couples have issues and want to divorce without having the marriage act certificate,where can they settle their issues?
I know that customary marriage is recognize by the law but can it be try in court too?
Between customary and statutory marriage,which one supersedes the other?

Note that if there is not marriage in existence before, there is nothing to dissolve because mere cohabitation does not constitute a marriage. However, the phrase "without having the Marriage Act Certificate" may mean that they were not married under the statute but under customary law. To dissolve a customary law marriage, there must have been all attempts by members of the family to reconcile the parties. If this fail, the divorce can be initiated by either the husband or the wife. The husband can initiate it by sending the wife packing while the wife can do so by leaving the man's house and informing him that she is through with the marriage.
However, it is pertinent to note that a customary marriage only comes to an end when the husband has been refunded the bride price/dowry paid to the wife's family in respect of the wife. As a result of this, it has also been submitted that a wife can bring a customary law marriage to and end by going through the preliminary steps of a marriage with another man, with a view to reforming the estranged husband the bride price from the one the new husband will pay.
It is noteworthy that the parties sometimes resort to court for a divorce order because there are circumstances where the husband or the wife may refuse to recognise the divorce and this may affect the either's subsequent remarriage (especially when the want to undergo statutory marriage).
As regards the question of which is superior between statutory and customary law marriage, there has been several argument in an attempt to find a definite answer to this question. However, where parties undergo both statutory and customary law marriage, also known as double deck marriage, authors appear to favour the view that the statutory marriage supersedes.

preselect:
i get choice?

but i'm proud that we don't have to fight or form militia. we would pray for GMB (whom we didn't want to win). we wish him well. it's unfortunate that things turned out this way. . . however there is a secret good news here; nigerians now have the power to change their govt even the president.

meanwhile. . . . . .

You must be very matured

ellechrystal:
Oh hello, I do appreciate ur quote, n if I do not sound objective to u well, no offence, it's ur personal opinion, n if my topics don't, good for u,.
Well, we all Ve angles in which we plant our sights, I know apc to b a party with enough propaganda. N if u do not see them that way, good, ur opinion,
Ve a good nyt.

Thanks for accepting defeat!

fallout87:
This is an example of the brainless types who believe all the propaganda and lies.

How can a right minded person truely believe if his side doesn't win the election had to be rigged?? As if his APC isn't known for rigging election in Lagos and other SW States?

These are the psychopaths who will be taking weapons to kill human being like chicken.

My prayer is that the proper organization and military is in place so when you guys go to kill innocent lives the military will spend all of you.. by force if necessary!

Thanks for accepting defeat!

Truckpusher:
That same thunder should fire your entire family first.

The man only spoke his mind and here you are cursing the living daylight out of your miserable life.

Didn't thunder fire you and your Sambo?

chibwike:
Sambo all the way!

chibwike:
I love him

Thanks for accepting defeat.

Truckpusher:
Hold it bro, tonight you'll hang - Wait until the results are out .

I don't expect you to reply my message because I expect you to have hung yourself by now!

AndreRose:
Smh

Thanks for accepting defeat

preselect:
we are here

Thanks for accepting defeat!

lloydpras:
LMAO!!

Am I lying? It's true nw

lloydpras:
........

see you! They've rigged the stuff! How can those that voted in Akwa Ibom be more than those that voted at Sokoto? Well, I'm not surprised. In a country where. 1010 voters registered and over 2000voted

It's obvious they are tampering with the results. How will over 1M people vote in Akwa-Ibom when we all know the percentage of people that vote in Nigeria?

vickylala239:
Funny enuf,u will discover Dat if dis man is married!! Neva near court marriage.

Rather said all points n Mke him look perfect.

Yet d wife is crying @ home.

GOD bless Nigeria.

Well...I must say I'm not married. However, I don't think I need to tout my support and solidarity for statutory marriage. For me, I MUST undergo statutory marriage. In fact, I don't know why you have such thoughts towards me. I've always pray that my wife will never have the to regret marrying me and vice versa. I don't know why I will come and spend my time and energy typing and posting this if I'm an hypocrite. That's why we must all pray to God for someone that will complement us.
Note that if you don't trust your wife, there are other legal means of curbing excesses than spoiling the marriage from foundation. It's well.

Sleekyshuga:
Napoleone made strong points, and I am grateful a man is seeing it from my own perspective..

Sincerely, I wasn't really digging into the property trash, and all that..

I asked someone: What if the lady turns out wealthier?

My major concern was for the lady, and her kids..
. A Kick against domestic violence..
. Child(ren) Care Support..
. It curbs excesses, e.g unfaithfulness ..

Everyone is civil, and acts according to the Law!!

I think Chibwike needs to see beyond the woman enjoying his property. How about his children? Don't you think if we close our eyes so a bad person can pass by, even a good person will pass? I repeat, why on earth will you marry a woman you are not ready to share you life, body and property with? Besides, if you don't do court marriage, your family may not allow your children to enjoy your property. I have a classmate that's a complete Orphan and is being sustained on her parent's property. Thanks to statutory marriage.
However, if you're the selfish type that doesn't want your wife to inherit your property, it's very simple, just make a will as early as possible and update it regularly. That's all!

Rahmatuparker:
Marriage Registry with certificate issued is it d same n what is d stance of both parties in time of divorce wit children reason cheating partner which probably lead to another marriage

When couples get married in the registry and when they are issued with the certificate, they will get in the registry, by a licenced place of worship, it has the same effect. As regards divorce, it is only a court of competent jurisdiction that can divorce the couple and they must prove that the marriage has broken down irretrievably. As regards the fate of the children, the court applies the "welfare principle" in deciding whether to award the custody of the children to the husband, wife or third party. The Act requires the court, in awarding custody of children, to regard the welfare of the children as paramount consideration. In other words, the court gives the child to the person that can take proper care of them.

Sleekyshuga:
It doesn't literally mean I'll date all my friends to know who to marry...

Who Is A Friend?

A person other than a family member, spouse or lover whose COMPANY you enjoy or feel affection for..

You can train a crush, an outsider, an acquaintance etc to becoming a friend..

A major criteria is your ability to study this person..

I get your point but you know it is now rampant to see people marrying strangers. Especially because someone jilted them

Sleekyshuga:
Coming form a male?
I am honored...
Strong, valid points..

[b]
[/b]YES!!! COMING FROM A MALE!!!

Sleekyshuga:
Bless you !!
Those words: "Marry your friend" has always been my watchword..

That's the best but the problem is that most people don't want to marry their friends. They will rather 'friendzone' them!

qbd2:
Hmm. I don't think I want a court marriage. Reason?- ill think about it later

Look at my comment and think twice!

Sleekyshuga:
It's quite a lengthy topic but also, an eye opener . Your patience is appreciated.

What Is Marriage?
It is a union between a man, and a woman who makes a permanent, and exclusive commitment..
It is otherwise called Matrimony or Wedlock..

What Is A Court Marriage? It is a legal back up union between a man, and a woman or the sealing of a marriage by Law..
***********************************

I got into a conversation with a friend this afternoon. He talked about his intentions to settle down when he comes back home (Nigeria, since he has been in Asia) by December.

He literally asked for my assistance in helping him search for a lady he can settle down with. I vividly remember the last time we spoke (Sept. 2013). When I asked about his girlfriend, he said she was fine, and that got me a little confused.
************************************

Fast forward to today.....

Jenny: You want to settle down?
Agozie: Yes!
Jenny: What happened to your girlfriend?
Agozie: She is fine.
Jenny: Why are you in search of another lady when you have a girlfriend?
Agozie: Her problems are much.
Jenny: *eager to know*.. What kind of problems?
Agozie: She is constantly asking for a court marriage.
Jenny: And what's wrong with that?
Agozie: Hmmmm... Ladies, and your sense of reasoning. She wants to 'Reap where she did not sow'. Traditional and white wedding is OK for us..

It got me thinking, and I got interested.. I randomly asked few males on my list (25-32 years) range on their take on court marriage.. I'll try to quote them..

1st guy: Why court marriage when I'll properly get married to her? Court marriage na for people wey get belle b4 marriage or people wey their parents no gree give approval..

2nd guy: I've not really thought about it, maybe because I still see it as a Western type of marriage..

3rd guy: Why should I? Na she buy me property?

I continued in my quest to know/learn...

4th guy: Yes, I will. It's the best form of marriage. It protects the lady from any form of maltreatment..

5th guy: Yes, I will. It gives the lady a right, and separation will follow due process..

6th guy: Yes, but other people's opinion matter (such as my spouse family), etc..
My fellow Nairalanders, what's your opinion(s) on court marriage.

Wow! This is very nice...in fact, I'm falling in love with you right away!
It is noteworthy that the term "court marriage" is informal. It is called "statutory marriage" or "marriage under the Act". In essence, it is not the venue of the marriage that matters or determines but whether the procedures stated in the Marriage Act have been strictly followed. For instance, apart from going to the registry, a statutory marriage can also be conducted in a licenced place of worship-this requires the certificate to be returned to the registry. This goes to show that church blessing is not tantamount to statutory marriage.
However, it is not uncommon for woman to leave the wedding arrangement in the charge of the man. If the man fraudulently pretends to have done 'court wedding' and starts using that to maltreat the woman or threaten to divorce her by any means, the woman can seek legal redress and succeed.
I must also address the fact that "if you're not ready to share what you have with your partner, then why tell her you love her talkless of marrying her?". Research has shown that most males shy away from statutory marriage for a number of reasons which includes, but not limited to, the desire to enjoy the potential to marry as many wives as possible(which the customary marriage guarantee), the reluctance to share both movable and immovable property with the woman, the mischievous intention to divorce her in any manner and at any time etc
The disadvantages of a lady undergoing only a customary marriage with a man are countless but I will mention a few.
1. Polygamy: The man has the right to marry as many wives as possible. In fact, it has been submitted that he has a right to commit adultery.
2. Divorce: The man can divorce the woman in an unscrupulous manner. For example, he can just wake up one morning and send the woman packing. That's the end of the marriage.
3. Custody: The man will have exclusive custody of the children. In other words, the man is the owner of the children unlike statutory marriage where they are jointly owned. The implication of this is that if the man has been nowhere to be found since the birth of the child and the woman has been taking care of the children, he can even come when the they are less than 18years to take them away. Etc
My submission is that any man that refuses to marry you under the Act i.e 'court wedding' is not worth marrying you at all because he is subjecting you to grave insecurity. You should be suspicious of such man.
LADIES!!! YOU HAVE BEEN WARNED!!!

Where are the riggers?

Where are the riggers?

OTUOKE STRAIGHT!!!