Theme: “African Business Penetrating Through Institution Building". Hash tag #NBA_AGC_2017

🇱 🇮 🇲 🇮 🇹 🇪 🇩 🇴 🇫 🇫 🇪 🇷 DREAM LIKE A FOOL, ACT LIKE A LAWYER© As one of our numerous ways of giving our readers great value on this platform, we have secured a mouth-watering opportunity that is exclusive for only LEGAL Aide readers. Now you are wondering what this exclusive mouth-watering offer is. We will tell you; but before we do, we want to reassure you, just like we have also proven in the past; that we are fully committed to bringing you information and opportunities that we consider valuable to our readers. DREAM LIKE A FOOL, ACT LIKE A LAWYER is a book that is currently making waves, both among lawyers and non-lawyers. In a nutshell, this is a book that will show you the very techniques lawyers use in successfully prosecuting their cases in court, and how you can use these same techniques in going after, and winning your dreams in life. It’s a book everyone is reading right now, and we don’t want you to miss out on it. That is the reason we have negotiated a mind-blowing 60% discount on the ebook, exclusive for only LEGAL Aide readers. And that’s not all. We have also negotiated a money-back guarantee package, which means that if after getting the book you are not satisfied with it, you will get a refund. Now you see why we told you it’s a mouth-watering offer. But there is a catch to this irresistible offer. This offer is only open for just 24 hours. That means after 24 hours counting from when this post went live, you can no longer take advantage of this offer. So you need to act now. The price of the ebook is N1, 200, but within the next 24hrs, you get it for just N500; exclusive for only LEGAL Aide readers. To take advantage of this offer now, do the following: Pay the sum of N500 into the author’s bank account: ACCOUNT NAME: Tochukwu Eziukwu, Esq. BANK: Guarantee Trust Bank. ACCOUNT NO.: 0044315675. After payment, send your full name and email address, with the code: LEGAL Aide, to 07065409077. And your book will be sent to you within 24rs after payment. N.B Remember this offer is only open for 24 hours, after which you can only get the book at the original price of N1, 200. With the money-back guarantee we have also negotiated for you, you have nothing to lose, so take advantage of this offer now before you run out of time. Best regards. — Products shown: Dream Like A Fool, Act Like A Lawyer, by Tochukwu Eziukwu, Esq.

THE RIGHT OF AN EMPLOYER TO REJECT A RESIGNATION OR RETIREMENT. - Michael Dugeri, Esq. An employer has no right to reject the resignation of its employee, for whatever reason. The law is that a notice of resignation of an appointment becomes effective and valid the moment it is received by the person or authority to whom it is addressed. This is because there is absolute power to resign and no discretion to refuse to accept; and it is not necessary for the person to whom the notice of resignation is addressed to reply that the resignation is accepted. In the cases of TADUGGORONNO V. GOTOM [2002] 4 NWLR (PT. 757) 453 and YESUFU V. GOV. EDO STATE [2001] 13 NWLR (PT. 731) 517, the courts held that it is not open to the employer for whatsoever reason to refuse to accept the resignation of the employee, for the employee has an absolute power to resign and the employer has no discretion to refuse to accept the resignation. See also the case of ADEFEMI V. ABEGUNDE [2004] 15 NWLR (PT. 895) 1. It is not uncommon for Employee Handbooks to contain a clause that confers on the employer the right not to accept the resignation of an employee on grounds such as ‘on-going investigation’ and where the employee seeking to resign is under a contractual bond, the terms of which he is yet to finish serving. The courts have held such provisions to be unlawful and unenforceable. An employee has the right to resign with immediate effect, and to reject his resignation is tantamount to forced labour, and also against the time-honoured labour law principle that an employer cannot force himself on an unwilling employee. It is also common to find in the termination clause of some employment contracts that only the employer may make a payment in lieu of notice, while the employee is mandatorily required to give notice. The remedy available to the employer, where the employee, in such a case, resigns without notice would likely be damages and certainly not specific performance. In other words, such resignation would be treated as wrongful but not null and void. In WAEC V. OSHIONEBO [2006] 12 NWLR (PT. 994) 258, it was held that a notice of resignation is effective not from the date of the letter, or from the date of any purported acceptance, but from the date on which the letter was received by the employer or his agent; and that tendering of a letter of resignation by an employee carries with it the right to leave the service automatically without any benefit subject to the employee paying any of his indebtedness to his employer. Thus, once an employee tenders his resignation, he ceases henceforth to be an employee, regardless of a rejection of the resignation by the employer. The employee’s resignation would have immediate effect even where he continues to come to work after his resignation is tendered. REJECTION OF RETIREMENT The distinction is however, made in cases of retirement. A letter of retirement does not necessarily take effect from the date that it is received by the employer. The case of WAEC V. OSHIONEBO [2006] 12 NWLR (PT. 994) 258 made a distinction between “resignation” and “retirement” with different legal consequences. Resignation carries with it the right to leave service immediately and automatically without any benefit subject to the employee paying any of indebtedness to his employer. Retirement, on the other hand, does not confer such a right to leave service immediately and automatically. A further legal consequence of retirement is provided for in OSHC V. SHITTU [1994] 1 NWLR (PT. 321) 476, the court held that where an employee gives a notice of his voluntary retirement to his employer, and the employer refuses to accept the notice, the position is that the employee is still in the employer’s service. However, it is only the employee who can rely on that notice in his favour and not the employer who rejected the notice. This would be particularly relevant for the computation of terminal benefits. This is because it has to be adjudged not only a deviation from “natural equity” but also contrary to law for an employer who is guilty of the irregularity of refusing a notice of voluntary retirement to turn around and benefit from that irregularity. See also OSU V. PAN LTD [2001] 13 NWLR (PT. 731) 627, where the court held that the notice of retirement will appropriately expire at the stipulated periods regardless of directives from the employer that the employee should stop work before the date stipulated; as such an employee remains a staff of the employer up to and including the last day when the notice would have properly expired. Like, share, leave a comment. READ RELATED POSTS: #Labour_Law_LEGALAide Send your legal articles to legalaidenigeria@gmail.com for publication on our page. Best regards.

🇱 🇪 🇸 🇹 🇼 🇪 🇸 🇮 🇳 🇰 Rethinking the (Mandatory) Continuing Legal Education of the Nigerian Bar Association. PAUSE & PONDER: The standards of our profession are sinking No one cares lawyers, most lawyers, attend the NBA AGCs just to collect conference materials The AGC, for most lawyers, is just for fun Nothing's mandatory about the Mandatory Continuing Legal Education. - Odirachukwumma Stanley Emejulu, Esq. Continuing Legal Education (CLE), also known as Mandatory or Minimum Continuing Legal Education (MCLE) consists of professional education for lawyers that takes place after their initial admission to the bar. In Nigeria, the MCLE Programme is intended to assure that those lawyers enrolled to practise in Nigeria remain current regarding the requisite knowledge, skills and values necessary to fulfil the professional responsibilities and obligations of their respective practices and work and thereby improve the standards of the profession in general. Lawyers, therefore, are required to take Mandatory Continuing Legal Education (MCLE) courses in order to maintain their qualification to practise law. The Nigerian Bar Association Institute of Continuing Legal Education (ICLE) serves as the CLE regulatory authority for the NBA—and the profession—by providing standards and scope for the MCLE programme. The ICLE is overseen by the Board of MCLE and works closely with the NBA sections and the various local branches at large in developing programmes on MCLE. -But is the MCLE really improving the standards of the legal profession in Nigeria? -What steps has the Nigerian Bar Association Institute of Continuing Legal Education taken to ensure that those lawyers who desire to maintain their licenses to practise law, compulsorily complete their annual MCLE programmes? -Has the Nigerian Bar Association Institute of Continuing Legal Education ever withdrawn a lawyer's practising licence for failing to enrol in and complete the MCLE programme? -What's wrong with allowing each NBA State Branch organise and coordinate their own MCLE programmes? To satisfactorily answer these questions and better understand how we are consciously running the standard of the profession aground, it is necessary to understand how Continuing Legal Education is organised in other jurisdictions, take the United States and Canada. THE UNITED STATES CLE requirements are mandatory for only 45 U.S. States, each with its own set of rules. Some lawyers in the U.S. get their CLE credits for free from teaching CLE classes. In the U.S. jurisdictions with mandatory CLE requirements lawyers must typically earn a minimum number of CLE credits (measured in hours) over a set period of years. Also, some of these jurisdictions require a minimum number of CLE credits for specific topics (e.g., ethics, professional responsibility, substance abuse and attorney-client disputes). U.S. lawyers typically earn CLE credits by completing legal training presented by experienced lawyers. The training may cover both legal theory and practical experiences in legal practice. Classroom training materials can be extensive and may represent the most current and advanced thinking available on a particular legal subject. Oftentimes, a portion of CLE credits may be earned through reading and other self-study. In recent years, many jurisdictions in the U.S. now allow lawyers to earn CLE credits as part of distance education courses taken on-line or by listening to audio downloads. Alternatively, experienced lawyers in some jurisdictions, such as New York, may also earn CLE credits for speaking or teaching at accredited CLE programs; for moderating or participating in panel presentations at accredited CLE activities; for teaching law courses at American Bar Association-accredited law schools; for preparing students for and judging law competitions, mock trials and moot court arguments, including those at the high school or college level; for published legal research-based writing; and for providing pro bono legal services. Opportunities for CLE are offered throughout the year by state bar associations, national legal organizations such as the American Bar Association, Federal Bar Association, law schools, and many other legal associations and groups such as non-profit CLE providers as well as other private, for-profit enterprises. A recent trend is toward the provision and promotion of free CLE programmes. Uniquely, Kentucky allows all licensed lawyers in the state to complete their annual CLE requirement without a registration fee through a two-day programme known as Kentucky Law Update, offered annually in at least seven locations throughout the state. In the US, Lawyers are required to file an MCLE compliance report establishing compliance by mailing Affidavit of Completion (hours earned, fees paid, and Affidavit of Compliance filed) to the State Bar. Every July, the State Bar begins auditing these records to determine whether the MCLE reports lawyers file are not only correct, but complete. Lawyers who fail to turn in an MCLE report face monetary penalties and the possible placement on administrative inactive status. Lawyers who are audited and found to have falsely reported compliance may also face penalties and disciplinary charges. CANADA In Canada, rules vary by jurisdiction. For example, Alberta has a mandatory Continuing Professional Development (CPD) programme, requiring preparation of annual CPD plans. Lawyers develop their plans and declare to the Law Society of Alberta on an annual basis that these are complete. The Legal Education Society of Alberta provides tools to facilitate compliance with these requirements. In British Columbia, CPD is mandatory and lawyers are required to annually report their continuing legal education activities to the Law Society of British Columbia. The Continuing Legal Education Society of British Columbia provides tools to facilitate compliance with these requirements. Practicing lawyers must complete a minimum of 12 hours of coursework and 50 hours of self study annually. The U.S. and Canada examples show how ideal CLE programmes should be organised to ensure that only deserving lawyers maintain their practising licences, thus improving the standard of the legal profession. That cannot be said of the Nigerian MCLE programmes. Paying for the NBA Conference is enough to earn a lawyer in Nigeria sufficient "CLE credits". In the U.S. and Canada, lawyers are required to file MCLE compliance report establishing compliance by mailing Affidavit of Completion (hours earned, fees paid, and Affidavit of Compliance filed) to the State Bar. But in Nigeria, one wonders whether the NBA determine compliance by sorcery. So why do we say it's a Mandatory CLE when we don't mean so? Some lawyers simply pay for the conference and never show up! On the Nigerian Bar Association (NBA) website http://www.nigerianbar.org.ng/index.php/icle you'd find: "Lawyers are required to take mandatory continuing legal education (MCLE) courses in order to qualify to practice law within our jurisdiction". Well put. But many a Nigerian lawyer has called NBA's bluff! No lawyer has ever been disqualified for failing to complete their CLE programmes. In the U.S. and Canada (and other jurisdictions) in order to ensure that lawyers who enrol in the MCLE programmes give up their time, their peace and their sleep toward completing their MCLE courses, MCLE programmes are not merged with any other bar activity. In Nigeria, however, after a long, tiring activity, lawyers lumber along till they get to the MCLE centres of their choosing, exhausted. What kind of knowledge do we expect lawyers to acquire in such physical and mental conditions? Although many states in the U.S. have a "live requirement" for their MCLE courses which can add some difficulty in requiring attendance in-person, a webcast course viewed online in real-time, however, can meet the live requirement for some states. The Nigerian Bar Association need to think in this direction as well. Developing online MCLE programmes would not only reduce the cost of fulfilling the MCLE requirements but would also ensure that lawyers, in all parts of the country, can conveniently expand their knowledge in various fields of law and hone their skills in the practice of law. Finally, the writer thinks that in order to improve the standards of the profession, the NBA Annual General Conference needs some restructuring. So instead of having an Annual General Conference that serves two purposes: an Annual General Meeting and Mandatory Continuing Legal Education, the Annual General Meeting should be separated from the Mandatory Continuing Legal Education programmes. The NBA Annual General Meeting should therefore, be an annual general meeting of Nigerian lawyers who desire to drive forth the spirit of the profession by their invaluable suggestions, priceless opinions and generous financial contribution. Attendance should be optional and free. By separating the AGM from the MCLE programmes, more attention would be given to the programmes, thereby ensuring that the standards of our noble profession are maintained. Like in other jurisdictions, each NBA State Branch should be allowed to organize their own MCLE programmes to be supervised strictly by the National Body. If this suggestion is taken, lawyers who desire to participate in the MCLE programmes would not have to risk travelling from different parts of the country to converge at a particular state for the MCLE programmes. Cost of hotel accommodation, feeding and commuting would be cut. Lawyers would only have to compulsorily attend the MCLE programmes within the states they reside but may choose to attend the NBA AGM if they have some invaluable ideas they'd like to share. PS: We hope to see you in Lagos for this year's AGC. If you haven't registered, register now. This year's AGM is going to be the best thing since sliced bread! Thanks. Like, share, leave a comment. READ RELATED POSTS: #Opinion_LEGALAide Send your legal articles to legalaidenigeria@gmail.com for publication on our page. Best regards.

AGAINST ALL ODDS - Odirachukwumma Stanley Emejulu, Esq. I am crestfallen. I will tell you why. A couple of months ago, I offered to defend for free, three students charged with armed robbery. They were arraigned in a Magistrate Court. I listened to their story and acquitted them in my mind. The first day I appeared for them in court I met with their mum. She thanked me. She told of how she was pressured by the prosecutor to give in to his demand for bribe so her boys would be let go. Poor woman. She couldn't afford it! I told her to pay the shark no mind. I applied for their bail. They'd already spent three months in prison so I was looking forward to their release. But the prosecutor wouldn't take my bite lying down. He was out to beset me. Why on earth did I take the bread out of his mouth?! He fought back. Filed a counter affidavit against my application for bail. By a twist of fate, he made a dog's breakfast of his counter affidavit. He - perhaps inadvertently - deposed to the fact that the three students were not involved in the alleged crime. I had a soothing feeling that my dream was about to come true. And when I heard the Magistrate chide the prosecutor in court, again and again, for his many mistakes, I had the feeling that my bail application was a dead cert. I wasn't prepared for the surprise that was in the offing. The Magistrate was quick in his ruling. He agreed that the accused persons should be granted bail. But in a rather laconic ruling, he said: "bail is refused in the interest of the accused persons and for their security". Noooooooooooooo!! I exclaimed, in my mind of course. I was crestfallen. But I am keeping a stiff upper lip. The next move is my move. I've applied for their bail in the High Court. "See you in a fortnight, shark"! Like, share, leave a comment. READ RELATED POSTS: #Courtroom_LEGALAide #Free_Legal_Service_LEGALAide Send your legal articles to legalaidenigeria@gmail.com for publication on our page. Best regards.

🇪 🇮 🇩 🇲 🇺 🇧 🇦 🇷 🇦 🇰 #Celebration_LEGALAide

Here is wishing all our Muslim Friends a blessed and fun filled Sallah. Barka da Sallah!!! #Celebration_LEGALAide

NOTES ON EXAMINATION OF WITNESSES

A BRIEF ANALYSIS OF CONSTRUCTIVE DISMISSAL - Busayo Adedeji, Esq. Simply put, constructive dismissal is the changing of an employee's job or working conditions with the aim of forcing their resignation. It is resignation because of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is in fact, a termination. An example of constructive dismissal might be a situation where an employer forces a senior officer to take instructions from his juniors (where the senior officer is clearly more experienced and competent) or any such other related actions in an attempt to frustrate the employee to the point of resignation. Employers might wish to know that the concept of constructive dismissal, though not often heard of in Nigerian labour and employment issues is no longer alien to this clime. This is especially as the third alteration to the 1999 constitution empowers the National Industrial Court of Nigeria (“NICN”) to apply international best practices in labour in arriving at its decision. Also, noteworthy in this regard is the provision of section 19(d) of the NICN Act (2006) which provides that: “The court may in all other cases and where appropriate make any other including; an award of compensation or damages in any circumstance contemplated by this Act or any other Act of the National Assembly dealing with any matter that the court has jurisdiction to hear”. In MISS EBERE UKOJI V. STANDARD ALLIANCE LIFE ASSURANCE CO. LTD [2014] 47 NLLR (PT. 154) 531 NIC, the court held that to attempt to have the employee resign, rather than outright firing the employee means that the employer is trying to create a constructive discharge. Generally, an employee bringing a claim of constructive dismissal must: (1) show that his employer created a hostile work environment in a bid to get him to resign. (2) show that the hostile work environment led to his resignation. Like, share, leave a comment. READ RELATED POSTS: #Labour_Law_LEGALAide Send your legal articles to legalaidenigeria@gmail.com for publication on our page. Best regards.

MY FIRST TIME IN THE COURTROOM. - Elliott Wilcox, Esq. Exactly 20 years ago, was the very first time I spoke in court. I still remember it like it happened yesterday. Saturday, I'd graduated from Law School. Sunday, I packed everything I owned into my 1986 Mazda pick-up truck and drove to a new town. And Monday morning, 20 years ago, I uttered the very first words I'd ever spoken in the courtroom. I've forgotten exactly what I said (probably something bland, like “Good morning, your Honor”), so let’s just pretend that I said something brilliant and awe-inspiring. Whatever it was, it was the first of thousands (maybe even millions) of words that I would speak to judges, jurors, witnesses, and lawyers over the next 20 years. And here's the odd part. I wasn't even officially a lawyer yet! Take a look at the picture above. That's what I looked like back then 😄😄😄 Okay, maybe not that young, but looking back, that's what it felt like. (Sharp looking suit though, right?) I wouldn't take the bar exam for another few months, and wouldn't officially be sworn in as a lawyer until September of that year. But the reason why I was able to speak in court was because I had two advantages going for me. First of all, I met the qualifications to be a “Certified Legal Intern,” which allows law students and grads to handle cases in Florida courtrooms under an attorney's supervision. The second advantage I had going for me was that during law school I'd taken advantage of any and every opportunity I could find to attend Continuing Legal Education programmes, so by the time I stepped into the courtroom, I'd already completed the equivalent of 15 years worth of CLE training. This was before online training was available, so I drove from one side of the state to the other, attending any program I could talk my way into. Looking back, I laugh aloud when I think of the ridiculous things I did so that I could attend those CLE programs... On more than one occasion, kind and generous programme coordinators agreed to let me attend expensive and exclusive CLE programs, often for free or for reduced cost. But there was still a slight problem. I was a broke law student! Even if I didn't have to worry about the registration fees, these programmes were held at beachfront resorts and places like the Ritz-Carlton. A one-night stay in these places often cost more than my entire month's rent! But here's the important thing. I didn't let things like "can't afford it" stand in my way. Remember that 1986 Mazda pickup truck I mentioned? I'd bring a sleeping bag with me, and sleep in the back of the truck. Then I'd wake up at 5 o'clock in the morning, sneak into the hotel pool before anyone else woke up. After a quick dip and rinsing off in the poolside shower, I'd go back to the car, change from my bathing suit into a business suit, then go into the seminar. Luckily, no one ever caught me, but I wouldn't have cared if they did. I was willing to make whatever sacrifices were required to become a great trial lawyer, and if that meant sleeping in the back of a truck so I could learn even one more thing about courtroom excellence, so be it. Looking back 20 years later, I wouldn't change a thing. My first experience in court was exciting, and it's only gotten better and more enjoyable over the past 20 years. I love what I do. I love going to court. I love being in trial. Most people don't get to say that. Most people work because they have to, and some even hate what they do. I hope that you love what you do, too. This afternoon, take a moment to be grateful for the opportunity, reflect upon your first time in the courtroom, and feel happy - you're lucky to be a trial lawyer! Best wishes for your success, Like, share, leave a comment. READ RELATED POSTS: #Courtroom_LEGALAide Send your legal articles to legalaidenigeria@gmail.com for publication on our page. Best regards.

Imagine going back to school without teachers Imagine the world without anyone The sea without water The ground without sand and most importantly you Imagine LEGAL Aide without you Thanks for being there. IT'S BEEN TWO YEARS OF SERVICE. HAPPY SECOND ANNIVERSARY TO US.