Dr. Babatunde Ajibade, SAN FCIArb and Kolawole Mayomi recently made a contribution to GAR know-how on the recognition and enforcement of arbitral awards in Nigeria. The commentary gave answers to commonly asked questions on the knotty issues that surround the enforcement of foreign and local arbitration awards in Nigeria. The insight also gave case law examples to clarify some of the questions and explained the practicalities of the enforcement process. It is hoped that this publication will be of guidance to practitioners in other jurisdictions seeking to recognise and enforce an arbitral award in Nigeria.
An electronic version of the GAR know-how contribution can be viewed for free at: http://globalarbitrationreview.com/jurisdiction/1004839/nigeria
We are pleased to announce that S. P. A. Ajibade & Co., in collaboration with Alliances for Africa, the Institute for Human Rights and Development in Africa (IHRDA), the Nigerian Women Trust Fund and with funding from Open Society Initiative for West Africa (OSIWA) acted as representatives to the Plaintiffs in the case of Dorothy Chioma Njemanze & 3 Ors. v. Federal Republic of Nigeria – ECW/CCJ/APP/17/14, wherein the Community Court of Justice of the Economic Community of West African States (the Court) recently gave a landmark decision on gender based violence.
The facts of the case centred on the arrest, illegal detention, violent, cruel, inhuman, degrading and discriminatory treatment meted out to the Plaintiffs on different occasions by the law enforcement agents of the Abuja Environmental Protection Board (AEPB), the Nigerian Military, and the Nigerian Police.
In its Judgment, the Court held inter alia, that the failure on the part of the Nigerian Government to recognise, promote and protect the rights of the Plaintiffs and the failure to take measures to give effect to the rights of the Plaintiffs constitute multiple violations of Articles 1, 2, 3, 5 and 18(3) of the African Charter on the Human and Peoples’ Rights, Articles 2, 3, 4(1) & (2), 5, 8 and 25 of the Protocol on the African Charter on Human and Peoples’ Rights on Rights of Women in Africa (Maputo Protocol), Articles 2, 3, 5(a) and 15(1) of Convention on Elimination of all Forms of Discrimination Against Women (CEDAW), Articles 2(1) & (3), 3, 7, 26 of International Convention on Civil and Political Rights (ICCPR); Articles 10, 11, 12, 13 and 16(1) of the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (CAT); and Articles 1, 2, 5, 7 and 8 of the Universal Declaration of Human Rights (UDHR).
Furthermore, the Court held that the treatment which the Plaintiffs received at the hands of agents of the AEPB, the Nigerian Police and the Nigeria Military constitute gender based discriminatory treatment contrary to Articles 2, 3 and 18(3) of the African Charter on Human and Peoples’ Rights, Articles 2 and 8 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa of Articles 2, 3 and 15(1) of the Convention on the Elimination of All Forms of Discrimination Against Women, Articles 2(1), 3 and 26 of the International Covenant on Civil and Political Rights and Articles 2 and 7 of the Universal Declaration of Human Rights.
The Court also held that the branding of the Plaintiffs as “prostitutes” violates the rights and dignity of the Plaintiffs and amounts to gender discrimination. The mere fact that a woman is out at night is not proof that she is a prostitute and there is no rule that restricts the time a woman should go out. The Court was of the view that the totality of the conduct of the law enforcement agents of the AEPB, the Nigerian Military, and the Nigerian Police clearly showed that the operations were targeted solely at women.
The Court further held that the treatment meted out to the Plaintiffs by the law enforcement agents constitutes cruel, inhuman, degrading, and discriminatory treatment; and that the failure and/or refusal of the Government to investigate, discipline and prosecute the persons responsible for the violations of the Plaintiffs’ Rights, is a violation of the Government’s assumed obligations under international law.
The sum of Six Million Naira (N6, 000,000) each was awarded to the 1st, 3rd and 4th Plaintiffs as damages. However, the claim of the 2nd Plaintiff was held to be statute barred by the Court and dismissed. Notably, this is the first ever pronouncement of a Regional Court in Africa, on women’s human rights relying on the Protocol on the African Charter on Human and Peoples’ Rights on Rights of Women in Africa (Maputo Protocol).
We are optimistic that this decision will encourage the Nigerian government to take more steps in protecting the rights of women, review all laws and policies that promote gender based violence and discrimination of the rights of women and re-orientate institutions that were established for the protection of all persons, to ensure the realisation of their mandates. S. P. A. Ajibade & Co., lauds the work of Alliances for Africa, the Institute for Human Rights and Development in Africa, the Nigerian Women Trust Fund and the Open Society Initiative for West Africa.
Our John Onyido and Yetunde Okojie contributed a chapter on Copyright Law in Nigeria in the recently published International Comparative Legal Guide to Copyright 2018 (ICLG) 4th edition. We have addressed preliminary and foundational issues relating to copyright subsistence, ownership and exploitation, copyright enforcement, criminal offences in copyright law as well as some current developments in the law in Nigeria. We hope you find the contribution useful and informative, and we welcome your questions or insights.
An electronic version of the Chapter on Nigeria can be viewed for free at:
All questions, queries or inquiries should be directed to: John Onyido via e-mail at: email@example.com or Yetunde Okojie via e-mail at: firstname.lastname@example.org
“Mondaq recently conferred on S. P. A. Ajibade & Co an award for the Contributor With Most Popular Article in Nigeria for the month of August. Mondaq is one of the largest global advisory content suppliers which publishes thousands of articles from over 80 countries around the world, through various distribution networks. To view this article, please click this link Copyright Collective Rights Management In Nigeria”.
Every month Mondaq publishes hundreds of articles by contributing firms from over 80 countries around the world. Award winners beat off strong competition and Mondaq extends our congratulations for the following award.
During the Month of August 2017
Copyright Collective Rights Management In Nigeria (Nigeria) from S.P.A. Ajibade & Co. won the award for this category.*
At the end of every month, for each country, Mondaq analyses which articles were read the most by our registered business readers: 'The Most Popular Article' . . . Read more
“SPA Ajibade recently partnered with African Law and Business (ALB) and Hogan Lovells to provide the Nigerian Chapter of the ground-breaking Special Report on Investment in Africa 2017. You can access it online or via a pdf HERE.”
SPA Ajibade & Co recently provided the Nigerian chapter of the_ SPECIAL REPORT ON INVESTMENT IN AFRICA 2017_ , an extensive and innovative guide to the legal framework for investment in 23 African countries.
Produced by HOGAN LOVELLS and AFRICAN LAW AND BUSINESS (ALB), the Nigerian chapter of this publication provides potential investors with a country analysis and guidance on the investment landscape, including an overview of the local legal framework on matters such as local content rules, real estate ownership, taxation, dispute resolution, and employment.
Of particular note to investors is the guidance on Public/Private Partnerships (PPPs). The guide includes a detailed breakdown of PPP-related legislation in Nigeria.
In addition, it also breaks down the legal framework of four key investment sectors - finance, natural resources, power and infrastructure, and private equity. It also provides some in-depth insight on topical areas of interest including FinTech, international arbitration, bribery and corruption, and dispute resolution in Nigeria.
The report is an up-to-the-minute, comprehensive yet easy-to-read digest covering the legal implications for companies seeking to invest in Nigeria. To read the Nigerian report online.
“Our John Onyido and Yetunde Okojie contributed a chapter on Trade Mark Law in Nigeria in the recently published International Comparative Legal Guide to Trade Mark 2017 (ICLG) 6th edition. We have addressed preliminary and foundational issues relating to registration of trademarks, grounds of refusal of trademarks, oppositions, registrable transactions, revocation of trademark, defences to infringement, appeals, border control measures, domain name protection and registration as well as some current developments in the law in Nigeria. We hope you find the contribution useful and informative, and we welcome your questions or insights.
An electronic version of the Chapter on Nigeria can be viewed for free at: http://iclg.com/practice-areas/trade-marks/trade-marks-2017/nigeria
All questions, queries or inquiries should be directed to: John Onyido via e-mail at: email@example.com or Yetunde Okojie via e-mail at: firstname.lastname@example.org”
The Firm’s Associate, Ms. Ibidolapo Bolu, was recently appointed Secretary of the Mergers, Acquisitions & Corporate Reorganisations Committee of the Nigeria Bar Association’s Section on Business Law (NBA-SBL).
The appointment is for a term of two years and takes effect from 1st March, 2017.
The Firm’s Associate, Mrs. Yetunde Okojie, was recently appointed Secretary of the Consumer Protection & Competition Law Committee of the Nigeria Bar Association’s Section on Business Law (NBA-SBL).
The appointment is for a term of two years and takes effect from 1st March, 2017.
In collaboration with the American Bar Association’s Task Force on Financial Engineering for Economic Development (FEED) and the International Swaps and Derivatives Association (ISDA), the Capital Market Solicitors Association of Nigeria (CMSA) organised Nigeria’s first Structured Products Summit which held between 21st – 22nd February 2017 at the Civic Centre, Ozumba Mbadiwe Avenue, Victoria Island, Lagos and Radisson Blu hotel, Ozumba Mbadiwe, Victoria Island, Lagos respectively. The Firm is a registered member of the CMSA and proudly sponsored the event, which was attended by its Associates and a Partner.
The Summit was organised to give an insight into the evolving use of structured products with a focus on derivatives and other financial instruments in Nigeria. The two-day event featured presentations from guest speakers and panels made up of industry experts and regulators, on topics ranging from an introduction to derivatives, a comprehensive insight into the risks involved, to the challenges and opportunities relating to the development of a robust legal framework for the regulation of the derivative market in Nigeria. The second day of the Summit also involved detailed training sessions which allowed for one-on-one interaction on topics such as, Exchange Traded Derivatives, Futures, Collaterals and ISDA documentation.
Both days of the summit highlighted the importance of developing knowledge on the use of derivative products to boost the Nigerian capital market, and also the overriding need for an industry-wide initiative to develop the legal, regulatory and compliance structures required to regulate the Nigerian capital market.
Photos from the event.
We are pleased to announce that the law firm of S. P. A. Ajibade & Co has emerged the winner of the highly coveted Dispute Resolution Law Firm of the Year award at the 2016 ESQ Nigerian Legal Awards, which was held at a colorful ceremony on Friday 7th September, 2016 at the Civic Centre, Lagos.
Furthermore, one of Partners in the Dispute Resolution Practice of the Firm, Mr. Kolawole Mayomi, was also honored as one of the 40 Leading Lawyers under 40 who will shape the future of the Legal Profession in Nigeria.
Speaking about the awards, Dr. Babatunde Ajibade, SAN, FCIArb who is the Head of the Dispute Resolution Practice at S. P. A. Ajibade & Co and also the Managing Partner of the
ESQ Nigerian Legal Awards is hosted by LegalBlitz Limited, an independent media outfit, the publishers of the acclaimed ESQ Legal Practice Magazine to recognise, honour and celebrate outstanding law firms and legal professionals in Nigeria. The Award reflects the creativity, dexterity, and legal skills displayed by counsel in key transactions and practice areas, with an emphasis on novel deals/transactions across different sectors which make an important contribution to the legal profession in Nigeria as a whole.
This year’s nominations were carefully drawn from submissions from 70 law firms over 16 deal categories, by an independent panel of judges based in Nigeria and other countries in Africa, Europe and the United States of America, who used deciding criteria such as: the quantum of the deal, the legal expertise expended in the course of the transaction, innovation, measurable outcomes and precedents set.