Tag: lawyer

DStv, Gotv subscription prices: Why we dragged MultiChoice to tribunal – Lawyer

A legal practitioner, Fesrus Onifade, has revealed real reason MultiChoice Nigeria Ltd. was dragged before Federal Competition and Consumer Protection (FCCPC) Tribunal sitting in Abuja to stop it from increasing its tariffs and cost of products from April 1.

The three-member tribunal, presided over by Thomas Okosun had on Wednesday, ordered MultiChoice to restrain from increasing the DStv and Gotv subscription prices pending the hearing and the determination of the motion on notice before it.

The tribunal then fixed April 11, for hearing the motion on notice.

The development followed an ex-parte motion marked: CCPT/OP/1/2022 moved by Onifade on behalf of himself and the Coalition of Nigeria Consumers (claimants).

Onifade had sued the company and Federal Competition and Consumer Protection Commission (FCCPC) as 1st and 2nd respondents respectively.

The motion ex-parte filed by the claimants on March 29 was brought pursuant to Section 39 (1) & (2) of FCCPC Act 2018; Order 26, Rule 5 (2), (3) & 26 Rule 6 (1) & (2) Federal High Court (Civil Procedure) Rules 2019 and

Section 47(a), (b), (c),(d), of Federal Competition and Consumer Protection Act 2018.

MultiChoice Nigeria Ltd., the operators of DStv and Gotv, had on March 21, announced its intention to increase the subscription fees for packages on both platforms.

The firm, which blamed inflation and business operations for the increment, said the new fees would become effective on April 1.

Onifade, in the affidavit of urgency attached to the ex-parte motion dated and filed March 29, deposed that prior to May 2020, when the company increased its tariffs, they petitioned FCCPC but the agency did not act on their letters.

“The claimants had petitioned the 2nd respondent, FCCPC in the letters dated May 19, 2020, and July 2, 2020, in respect of increment which took effect sometimes in May 2020, which did not received due attention from the 2nd respondents till date.

“That while the claimants’ petition was still pending before the 2nd respondent, the 1st respondent (MultiChoice Ltd.) went ahead to announce another price and product hike scheduled to take effect from April 1, 2022,” he said.

He said FCCPC was yet to resolve the claimants’ complaint in respect of the May 2020 increment in tariffs which was still pending before it.

“The 2nd respondent, FCCPC, neglect and deliberately refused to intervene in the said increment complained of in the claimants’ petition till date,” he said.

The lawyer said he was a loyal and long time customer of MultiChoice with DStv account number: 41353565835.

He said the application was because of the extreme urgency and time constraint before the date the increment would take effect.

He told the tribunal that if the application was not granted, irreparable damage would have been done to the claimants’ interest.

Onifade, who averred that the grant of the application would do substantial justice in the matter, said it would also be in the interest of justice to grant the prayers.

According to him, the respondents will not be prejudiced by the grant of this application.

The tribunal, which granted the reliefs sought in the ex-parte motion, fixed April 11, for hearing of the motion on notice.

The National Assembly had also asked MultiChoice to reduce the prices of its packages owing to the prevailing economic circumstances of the country, calling on the firm to adopt the pay-as-you-go payment package option.

NAN

April 3, 2022
NBA dragged to court over disciplinary action bid

An Abuja High Court has been approached by a legal practitioner, Bartholomew Okafor—Oyilo, to set aside the findings of the Nigerian Bar Association, NBA, which recommended him for disciplinary action based on a legal opinion he rendered as Special Assistant to the Deputy Governor of Anambra State.

The plaintiff in a writ of summon against the NBA and the Secretary of the NBA Disciplinary Committee, Emeka Onyeaka, said he was not given fair hearing before the association made the findings against him.

Okafor-Oyilo, in an affidavit he deposed to, obtained by journalists on Tuesday, said he wrote a legal opinion to the then Deputy Governor of Anambra State, who was also the Chairman of the State’s Boundary Committee on a land dispute between Ukpo and Abba communities in Anambra State.

According to him, the legal opinion was leaked to one of the parties in the land dispute (the applicant for boundary demarcation).

He said, “On June 24 2019, the applicants for the boundary demarcation through their solicitors, wrote to me to recount my legal opinion with veiled threat against my person.

“Owing to my refusal to recount the said legal opinion, the said party through their legal representative, on August 6, 2019, filed a petition to the NBA Headquarters against me and two other lawyers alleging, amongst others, that we filed a motion to re-litigate a matter already concluded by the Supreme Court.”

Okafor-Oyilo said the NBA asked him to respond to the petition and that he filed his response.

However, the lawyer said he did not receive any invitation from the association to enable him attend any hearing against him, only for him to read in newspapers that he had been invited to face the NBA’s Disciplinary Panel.

He, therefore, asked the court to declare that the findings of the defendants and recommendation as ultra vires, illegal, null and void and of no effect.

He also sought a declaration that he was entitled to own an opinion on a decision of the Supreme Court and such opinion is protected under Section 39 (1) of the constitution of the Federal Republic of Nigeria, 1999 (as amended).

Okafor-Oyilo asked the court to hold that he was denied fair hearing by the constitution of the committee and non-service of the notice of hearing of the committee.

While asking the court to set aside the findings and recommendation of the NBA, he also asked the court to award him damages in the sum of N10m against the defendants.

March 23, 2022
Alleged P&ID scam: EFCC accuses Briton’s lawyer of delay tactics

The Economic and Financial Crimes Commission (EFCC), on Tuesday, accused Paul Erokoro, SAN, counsel to James Nolan, a director in Process and Industrial Development Limited (P&ID), of deploying a delay tactic in the ongoing trial.

EFCC lawyer, Bala Sanga, made the allegation before Justice Ahmed Mohammed of a Federal High Court (FHC), Abuja.

But Erokoro disagreed with Sanga, describing the allegation as “a blackmail.”

At the resumed hearing, Sanga informed that the matter was slated for cross examination of the first prosecution witness (PW1), Temitope Erinomo, a Principal Compliant Officer in the Special Control Unit against Money Laundering of the Ministry of Industry, Trade and Investment.

While the cross examination was going on, the anti-graft agency’s lawyer raised objection to some questions which Erokoro put to the PW1.

Sanga, who interjected, called the attention of the court to the fact that Erokoro, who only appeared for Nolan (2nd defendant) cannot be representing Lurgi Consult Limited (1st defendant) in the trial.

He said the questions put across to Erinomo indicated that he was representing the two defendants

Sanga argued that though the company was not represented by any counsel, the senior lawyer cannot advocate for the firm.

He alleged that Erokoro’s action was a ploy to delay proceedings in the matter just like a sister case before another judge which, he said, had lingered for about three years.

Sanga told Justice Mohammed that three years after the sister case commenced, it was disheartening that they were still on the first prosecution witness..

The Federal Government had sued Goidel Resources Limited, a Designated Non-Financial Institution (DNFI); ICIL Limited and Nolan as 1st to 3rd defendants respectively before Justice Okon Abang in 2019.

However, the case was reassigned to Justice Donatus Okorowo around September 2021, following the transfer of Justice Abang to Warri division of FHC.

Reacting to Sanga’s allegation of deploying a delay tactic, Erokoro disagreed with him.

“My lord, I have one word for this; blackmail,” he said, describing the EFCC lawyer’s allegation as “a blackmail.”

He said Sanga cannot arm-twist the court into believing his statement.

Erokoro said that the sister case which Sanga mentioned involved 9.6 billion dollars with over 20, 000 pages of evidence exhibited and that he saw no reason the matter should not take three years in cross examining a witness.

Justice Mohammed, who assured that the case before him would be dispensed with as quickly as possible, ruled that Erokoro should bear in mind that he only appeared for the 2nd defendant (Nolan).

The judge adjourned the matter until June 1 for trial continuation.

NAN

March 23, 2022
Embrace dialogue, not war, Sunday Igboho urges supporters

Chief Sunday Adeyemo, a.k.a Igboho, on Thursday called on his supporters to embrace peace and dialogue in their quest for self-determination.

Adeyemo, a Yoruba activist, made the call in a statement issued on his behalf, by his Counsel, Chief Yomi Alliyu, a Senior Advocate of Nigeria (SAN), on Thursday in Ibadan.

Recall that Igboho was on Monday released from a prison in Benin Republic to his medical practitioners under an agreement that he should not leave the medical centre or Cotonou for any reason.

Igboho implored all his supporters, especially his kinsmen at home and in the Diaspora to embrace dialogue in their quest for self-determination without heating up the fragile situation in Nigeria.

The activist said that he would continue to preach against war, considering what was happening in Ukraine and some parts of Igboland in Nigeria.

He expressed his believes that their ambition for self-determination could be achieved without firing a bullet.

Igboho then, assured all those in support of peaceful self-determination, through referendum, that the struggle continues, adding that he would not relent in his efforts in that regard.

He thanked all his supporters, especially his leaders, Prof. Banji Akintoye and Prof. Wale Adeniran and all Nigerians, especially his people in Ilana Oodua and Affiliates, seeking self-determination.

Igboho, also thanked the President of Republic of Benin, Patrice Talon, for releasing him from prison with a view to uniting him with members of his immediate family in spite of the fact that he would only stay in Cotonou for the time being.

The activist also appreciated Chief Dele Momodu for visiting him in Cotonou Prison.

He pledged his loyalty and respect to his Counsel, Chief Yomi Alliyu (SAN), who according to him, though, an extreme Buharist and a nationalist, who does not believe in balkanisation of Nigeria.

Igboho also lauded Alliyu’s efforts in “exhibiting extreme professionalism in taken up my case with DSS without paying a kobo and for winning it with landmark award of N20.5 billion”.

March 10, 2022
Doctor gives Igboho clean bill of health in Cotonou – Lawyer

Chief Sunday Adeyemo, a.k.a Igboho, who was released from prison on Monday by the Benin Republic Government to his medical practitioner, has been given clean bill of health.

Chief Yomi Alliyu, a Senior Advocate of Nigeria (SAN), Counsel representing Igboho, made this known on Tuesday in Ibadan.

Alliyu, however, made clarification that it was Prof. Wale Adeniran and Prof. Banji Akintoye that facilitated Igboho’s release and not Prof. Wole Soyinka, as earlier reflected in his Monday’s statement.

According to him, Prof. Wale Adeniran meant, NOT Prof. Wole Soyinka, who had nothing to do with the release of Chief Sunday Adeyemo, a.k.a Igboho Oosa.

Alliyu said: “His doctors have declared him hale and healthy.

“One of the conditions for his release is to stay in the Republic of Benin for the time being under full security. He is also hale and healthy.

“We will ever continue the immense contributions of Prof. Wale Adeniran for the laudable role he played in negotiating the conditional release of our client.”

Alliyu had on Monday said that Igboho’s release was under the agreement that he should not leave the medical centre or Cotonou for any reason.

“I am to inform you that Chief Sunday Adeyemo, a.k.a Igboho, has been released from prison to his medical practitioners under the agreement that he should not leave the medical centre or Cotonou for any reason,” he said.

The incarceration of Igboho in the Republic of Benin had earlier been extended by six months after spending the initial six months in prison.

Recall that Igboho and his wife, Ropo, were arrested on Monday, July 19, 2021, by the International Criminal Police Organisation at the Cadjèhoun Airport in Cotonou, the Republic of Benin on their way to Germany.

March 8, 2022
FCT POLICE COMMAND: Surety arrested for failure to produce Sowore

Barrister Abubakar Marshall, lawyer and Surety to human rights activist, Mr Omoyele Sowore, has been arrested by the Federal Capital Territory, FCT Police Command, for failing to produce his client after bail.

Recall that Sowore, the publisher of SaharaReporters was on February 24, 2022 arrested by the police following an alleged publication of false news against a former House of Representatives member, Prince Ned Nwoko.

Nwoko had petitioned the Nigeria Police Force against Sowore over alleged criminal defamation, injurious falsehood publication of news known to be false contrary to section 391, 392, 393, 394, 395, and 418 of the Penal code of Northern Nigeria.

Sowore was, however, granted an administrative bail through his lawyer Abubakar Marshall but failed to return to the police afterwards.

Confirming the arrest, FCT Police Public Relations Officer, DSP Josephine Adeh, explained that Sowore’s lawyer, who stood as Surety for the bail, was arrested and charged to court following his failure to produce the suspect.

“This is inline with standard best practices,” Adeh added.

March 4, 2022
Why I’m no longer Sunday Igboho’s lawyer – Olajengbesi

Pelumi Olajengbesi, one of the lawyers of Yoruba nation agitator, Sunday Igboho has resigned from his position.

Olajengbesi made this known in a statement on Sunday, noting that he said in the beginning, that the scope of his work would only be within the purview of his professional duty as a lawyer to Mr Igboho and his aides.

He also disclosed that while he is a strong believer in constitutional democracy, civil liberty and human rights which includes the right to self-determination, he is not a Yoruba nation agitator nor a member of any like organization.

The statement read: “This is to officially announce my resignation as counsel involved further in any matter relating to Chief Sunday Adeyemo Igboho and the Yoruba Nation Agitators.

“As a firm, we are satisfied with our little best in contributing to providing legal solutions and representations to Chief Sunday Adeyemo (Igboho) and associated Yoruba Nation Agitators as far as ensuring the protection and enforcement of their rights in this matter.

“We were able to secure the release of twelve (12) persons brutally and unlawfully arrested by the reckless State Security Service (SSS), and also secured the release of an innocent herbalist equally unlawfully arrested and detained by the SSS.

“We have two persons with on-going terrorism trials at the Federal High Court and our firm will dutifully continue and close the trial having commenced their matter.

“While thanking everyone, particularly Chief Yomi Aliyu SAN for the opportunity, and freehand service, Dr. OLASUPO Ojo for his fair leadership and Chief Femi Falana for allowing his industry to be tapped and for the moral support, I most respectfully wish to now step aside.

“I have stated ab initio that the scope of my work will only be within the purview of my professional duty as a lawyer to Sunday Igboho and his aides . I am a strong believer in constitutional democracy, civil liberty and human rights which includes the right to self-determination but I am not a Yoruba nation agitator nor a member of any like organization.

“My reaction to Prof. Akintoye was not to undermine the Yoruba struggle but is based off my personal convictions which I am entitled to. I do hope my friends in the struggle will allow me enjoy the benefit of my right to such a choice as a person of thought and conscience”.

January 2, 2022
Lawyer charged for securing freezing of Nasarawa accounts with fake documents

A Makurdi-based lawyer, Okpale Ojikpa, has been arraigned in a Nasarawa court for allegedly using fake court judgement to freeze accounts of the Nasarawa State Government.

Ojikpa, who is alleged to be acting on behalf of some group of pensioners, under the auspices of Nigeria Union of Pensioners, had filed a notice of appeal and a motion seeking an interlocutory injunction to restrain the bank from allowing the Nasarawa State Government to access its accounts.

In the suit filed before the Chief Magistrate Court III, sitting in Lafia, the Nasarawa State Government also accused Ojikpa of presenting false statement in the declaration, which it said, was receivable as evidence by law.

Counsel for the Nasarawa State Government, Egye Aliyu, said the records before the court showed that Ojikpa used fake court judgements to obtain garnishee orders on the accounts of the state government, noting that, he contravened sections 161 and 164 of the Penal Code.

According to the counsel, Ojikpa’s action, delayed the payment of salaries of workers.

Aliyu who further accused Ojikpa of obtaining three different injunctions in three different courts of concurrent jurisdiction to garnish the account of the state government by hiding the facts of the case, claimed that freezing of the account caused insecurity, death and near total collapse of public institutions.

He said, “The judgment Mr Ojikpa alleged has been determined at the High Court of the Federal Capital Territory, Abuja.

“He illegally obtained orders from the court on several occasions, which is considered to be fraud contrary to Section 163 of the Penal Code and the nature of the offence carries a jail term of seven years.”

However, counsel for the defendant, Ucha Ulegede, applied for bail.

The presiding magistrate, Emmanuel Jatau, admitted Ojikpa to bail in the sum of N1m and one surety in like sum. He subsequently adjourned the case till January 16, 2022.

December 3, 2021
A lawyer is a unique, public servant of repute – Abe

Former representative of Rivers South-East Senatorial District at the National Assembly, Senator Magnus Ngei Abe has described a lawyer as a unique public servant of repute, irrespective of his language, tribe or religion.

Abe disclosed while speaking at Bori, Headquarters of Khana Local Government Area of Rivers State, during the 2020/2021 Law Week and 10th Anniversary of the Nigerian Bar Association (NBA), Bori Branch.

The 2020/2021 Law Week, with theme: ‘Taxation in Nigeria: The Need for State Control’, had former NBA President, Chief Okey Wali, SAN, as Guest Speaker.

Abe, who was represented by the former Attorney-General and Commissioner for Justice, Rivers State, Hon. Worgu Boms, described the Bar as government of lawyers.

The Senator stated that for lawyers to fulfill their mandate to the society, they need to be serious, sincere, and intellectually capable.

He said: “A lawyer is a unique, public servant, whether in the Official Bar, Private Bar or Judiciary. I want you to lead the spirit of your environment, let no one gag you.

“The Bar is the government of lawyers. It is a professional body of lawyers irrespective of the language you speak or where you come from.

“The Bar exists to administer remote services to local practitioners. Let us focus on things that brought us together: Law and Law Practice. So that we would excel in our practice. We must be careful on how we treat issues of fairness, justice and equity.”

Highlight of the occasion was the conferment of the Exemplary Legal Icon Award on Senator Abe by the NBA, Bori Branch, for his instrumentality to the establishment of the Branch, Regular support to the Branch, and Distinguished Records in Public Service as Lawyer and developer of the Legal Profession.

Others at the event include, the Chief Judge of Rivers State ably represented by His Lordship, Justice Letam Nyordee. Other judges who rose to the bench from Bori Bar, Barrister Ledum Mitee, Chairman of Sister Bar Associations, Paramount Ruler of Barako Community, HRH, Mene (Comrade), Kadilo Kabari and a Host Dignitaries.

October 24, 2021
Medicine, Law, other ‘dying’ careers you may want to steer clear of
By Neale Godfrey, Financial Literacy Expert, President & CEO

No one has a crystal ball, but we are in a time of great change, and we want our skills to be relevant and needed moving forward. And just as important, we want our kids and grandkids to have happy and fulfilling jobs. Which brings us to an important question: What jobs are likely to disappear or become obsolete over the next decade or so?

Jobs That Disappeared

If you were a carriage maker in the 1900s, it would be a hard conversation to have with your kids who came home to tell you about this new machine that was invented, the automobile. You may have said, “It’s a fad. It’s noisy, it breaks down, it goes slow, it gets stuck in the mud and manure, it’s expensive … it will never replace the horse and buggy.”

Can you imagine when people first saw the airplane? It may have been impossible to think that it would change the way people moved across the ocean.

Or, remember when you saw the first cordless phone, and it looked like a shoe box? Did you ever think that your trusted home phone could be replaced by a cellphone?

You get the point. What I want to highlight is that all of these new ways of doing things greatly impacted the jobs and people who worked in these soon-to-be obsolete industries. Think of all of the farriers (horseshoers) who lost their jobs as the car took over the world of local transportation. Think of the cruise ship owners and workers who were replaced by the advent of air travel. And we know how the world of the internet exploded the world of personal and business communication. If you are not knowledgeable about computer technology, you may not have a seat at the new worktable.

What Industries Will Become Obsolete in the Future?

I want to put a disclaimer on this list. No one knows for sure which professions will or will not exist or how they will morph into new incantations of themselves. Here are some that I have been thinking about:
- Real Estate Agent: The old days of having a person pick out a home for you to tour are swiftly slipping away. There are so many sites to help you choose the location, school system, amenities, etc. of a new home, that real estate agents are starting to disappear. As the final stages of where you want to live come closer, you may want the help of a real person, but the fees they charge are coming under pressure as their value diminishes.
- Truck/Taxi Driver: Driverless technology is advancing quickly. It’s estimated that roughly 33 million autonomous vehicles will be on the road by 2040.
- Doctor: This is controversial, because so many people want to be taken care of by a live person. The pandemic ushered in the transition to telehealth. I believe that we are about to witness another revolution. No one doctor has all of the knowledge to diagnose a patient, and they do not have all of the historical data and possible treatments at their fingertips. As soon as global medical data becomes available, the computer can diagnose, research DNA, and set about a cure for the vast majority of people. Today, not all medical data is shared.
- Librarian: It pains me, but gone will be the days of researching or reading in a library. The digital library is at everyone’s fingertips.
- Cashier: In the old days, there had to be a person to check you out, take your money and give you change or charge your credit card. We are rapidly moving into becoming a cashless society. Gone will be the need to even learn the life skill of making change; our computers will perform all of the banking needs we have. Amazon, through its Amazon Go brick-and-mortar stores, is experimenting with a new checkout system. You scan an Amazon Go app at a turnstile when you enter and just exit without checking out when you leave.
- Delivery Driver/Mail Carrier: As drones get more sophisticated, there will not be a need for humans to deliver packages and mail. Much of your junk mail has already been converted into junk email. Even Social Security has abandoned physical checks, and many utility companies are moving in that direction with their billing, too.
- Bank Worker: Banks are going to physically downsize, as much of our monetary transactions are done digitally. Bank branches will begin to close as online banking increases. Millennials are also using digital solutions for their investing needs. The fin tech world is exploding with new mobile investing devices, as well. As people become more comfortable with investing digitally, it will mean there will be fewer and fewer live financial advisers and bank personal.
- Sports Referee/Umpire: Even soccer’s governing body, FIFA is relenting to pressure to introduce more technology into the game with video assistant referees. Many other sports, such as tennis, also have been using technology to make real-time decisions.
- Fishers: We have overfished our waters in many places, and global warming is negatively impacting remaining species of fish. If we are to eat fish in the future, it will most likely be farm raised. The typical fisher will no longer be able to go out and fish.
- Lawyer/Legal Secretary: Deloitte has indicated that over the next 20 years, 114,000 legal jobs could be automated. It is similar to the medical profession. Our digital world can instantaneously provide case history and feed your data into a system to find your legal solutions. The documentation could also be filed electronically.
- Factory Workers: Automation is already interrupting these professions. It is estimated that there will be shrinkage of over 204,000 jobs by 2029.
- Travel Agent: Before the internet, it was really great to talk to a live person who could help you cobble together your whole vacation. That professional could get you the best hotel and accommodations at the best rates. Today, there are many easy-to-use websites and apps that can help you research and book every part of your vacation. Employment for travel agents is expected to fall 26% from 2019 to 2029.
- Don’t Be Bummed, Be Inspired
  
  My goal was not to depress you if you or your loved ones are in any of these industries. It is just to get you thinking about the future so that you can be on the forefront of the new world with new job opportunities.
  
  This can make for great dinner conversation with your kids. Ask them what they see in the future and what jobs will disappear and what others will be created. Part of being a parent is to help our kids to be resilient to change.
  
  Remember the words of Albert Einstein; “The measure of intelligence is the ability to change.”
  
  Culled from finance yahoo.com
October 23, 2021