The Nigerian Bar Association Stamps and Seals Scheme 2015

July 2015

OVERVIEW

The Nigerian Bar Association (“NBA”) had on 14 November, 2014 at its National Executive Committee meeting held at Uyo, Akwa Ibom State, approved the affixing of stamps and seals on legal documents prepared by legal practitioners in compliance with Rule 10 of the Rules of Professional Conduct, 2007, (“RPC”). The due date for the use of the stamps was initially fixed for 1st April, 2015 but was eventually launched at a ceremony held at Abuja on 15th April, 2015.

This development by the NBA, pursuant to the provisions of Rule 10 of the Rules of Professional Conduct, 2007, makes the use of the stamps and seals mandatory by legal practitioners as same is to be affixed on every legal document filed or signed by a legal practitioner, in order to ensure the genuineness of the legal practitioner and the authenticity of the documents emanating from him.

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The Justiciability of Unfair Labour Practices/International Best Practices in the Employment/Labour Industry

July 2015

OVERVIEW

By virtue of the provisions of Section 254C(1)(f) of the Constitution of the Federal Republic of Nigeria 1999 (“the Constitution”)[1], the National Industrial Court (the “Court” or “NIC”) is conferred with jurisdiction to adjudicate on disputes relating to or connected with unfair labour practices or international best practices in the Nigerian Labour industry. Thus, an employee who considers the internal policies/practices in his place of employment inimical to his interests, such as to amount to unfair labour practices, can validly resort to the Court to determine the fairness or otherwise of such policies/practices. This would, therefore, appear to expose employers to a floodgate of cases.

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[1] As amended by the Constitution of the Federal Republic of Nigeria (Third Alteration) Act, 2010

National Industrial Court of Nigeria Alternative Dispute Resolutions Centre Rules and Centre Instruments 2015

July 2015

INTRODUCTION

On 7th April, 2015, the President of the National Industrial Court of Nigeria (‘NIC’) made 2 (two) subsidiary instruments with commencement dates of 6th April, 2015, pursuant to the provisions of Sections 254C(3), and 254F(1) of the Constitution of the Federal Republic of Nigeria 1999[1], to wit:

  1. NIC Alternative Dispute Resolution (ADR) Centre Instrument, 2015; and
  2. NIC Alternative Dispute Resolution (ADR) Centre Rules, 2015

The subsidiary instruments are aimed at providing a regulatory and procedural frame-work towards the promotion of Mediation and/or Conciliation among parties, in the amicable settlement of matters commenced at the NIC. A brief analysis of the aforesaid statutory instruments is made below.

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[1] (as amended by the Third Alteration Act, 2010)

Nigerian Courts Demonstrate Resolve in Promoting Arbitration

July 2015

OVERVIEW

Arbitration is a method of dispute resolution which operates largely outside the state sponsored Court structure often utilized by businesses globally. As a result, many countries are increasingly becoming aware that adopting pro-arbitration policies is a suitable way of attracting foreign investors because of the certainty, speed and confidentiality it provides when disputes inevitably arise. Nigeria is not left out. In a bid to promote international commerce, in the country, Nigerian courts are increasingly making pro-arbitration decisions. This trend is a good signal for parties who are wary that their adversaries may seek to truncate or paralyze the arbitration agreements they executed by going to the courts.

In two recent cases, the Court of Appeal took a pro-arbitration stand which has far reaching implications on the jurisprudence behind enforcing arbitration agreements and awards. These decisions are Northpole Navigation Co. Ltd v Milan Nigeria Ltd.[1] and Statoil Nigeria Ltd v Star Deep Water Petroleum Limited & 3 Ors.[2]

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[1] CA/L/236/2014, Delivered on 22 May 2015 (Unreported)

[2] CA/L/885/2011, Reported in Thisday Newspaper, Tuesday, 16 June 2015

Drawing the Curtains on the BOA Football Tournament 2015

The Bankole Olumide Aluko (BOA) Football Tournament 2015 was a huge success. The closing ceremony started with the third place play-off match between Aluko & Oyebode and Tayo Oyetibo & Co./Bayo Osipitan & Co. Although the Aluko & Oyebode team played valiantly, the scoreline did not reflect the team’s fighting spirit as it conceded 3 goals to Tayo Oyetibo & Co/Bayo Osipitan & Co. The tournament ended with Olisa Agbakoba Legal winning this year’s tournament after a very competitive match with Probitas Partners/B. Ayorinde & Co.

Olisa Agbakoba Legal won the BOA Football Tournament 2015 and was presented with the Champions Trophy, while Probitas Partners/B. Ayorinde & Co was the 1st runner-up and Tayo Oyetibo & Co./Bayo Osipitan & Co. was the 2nd runner-up.

The closing ceremony ended on a high note with singing, dancing and many exciting moments, which included a raffle draw and the presentation of BOA Scholarship Awards in honour of our late founding partner, Bankole Olumide Aluko (SAN).

The BOA Scholarship Awards were presented to the Best Graduating Law Students for the 2013/2014 Academic Session in the following Universities: Chidinma Onyebuchi (University of Lagos), Chizaram Oparaji (University of Nigeria) and Usman Sotunde (Ahmadu Bello University).

Gbenga Oyebode, MFR “Lawyer in the News” featured in Law Digest, Issue 8, Spring 2015

Mr. Gbenga Oyebode, MFR is a founding Partner of Aluko & Oyebode and is also the Chairman of the Management Board of Aluko & Oyebode. Over the years, Mr. Oyebode has developed significant experience in project finance, corporate law, energy and natural resources, telecommunications and aviation law.

Mr. Oyebode, MFR is our Lawyer in the News, not only for his résumé, but for his commitment to the improvement of standards in the legal profession in Nigeria. This commitment and passion found a home in the NBA Section on Business Law, which he led until recently. Gbenga Oyebode has a passion for education. Specifically, he supports the Africa Leadership Academy in Johannesburg, South Africa and his alma mater, the University of Pennsylvania Law School Philadelphia.

Click here to read the full interview (Pages 26 – 31)

IP NEWSLETTER – MAY 2015

We are happy to come back to our readers with an update on current happenings in our jurisdiction, firstly, our brand new government.

 

New Government

Following the peaceful elections held in March and April 2015, the new government led by President Muhammed Buhari was sworn in Friday the 29th of May, 2015. Nigerians are eager to see the change constantly being advocated by the new government.

 

The Anti-Counterfeiting Collaboration of Nigeria (ACC) Committed to Building Capacity for Law Enforcement Agencies in 2015.

One of the action points for ACC in 2015 is training for Nigeria’s regulators.

The first recipient of this training is NAFDAC. The ACC sponsored a NAFDAC official to the 2015 International Trademark Association (INTA) annual meeting in San Diego this past May.

This training is the first among several training the ACC has scheduled to benefit the enforcement agencies in Nigeria.

 

The Trademarks Patent and Design Registry gets a new Registrar

A new Registrar was appointed to the Nigerian Trademarks Patents and Designs Registry in May 2015. The new Registrar Mr.Olusegun Adeyemi Adekunle held his first meeting with trademark agents on the 19th of May, 2015. Many pressing matters were discussed and the Registrar has pledged to move the Registry forward. We use this forum to thank the former Registrar Mrs. Nima Salman Mann and all the other officers who worked over the last 3 years to move the Registry forward. We are confident that the new Registrar will build on the achievements of his predecessor and continue to move the Registry forward.

 

New Trademark Journals

Two editions of the Industrial Property Automated Systems (IPAS) journals have been released. The long awaited journals for applications filed manually are both dated 18th May 2015:  No. 1 Vol. 1 and No. 2 Vol. 1 respectively. This is a relief to IP practitioners as the last Journal for manual application was released in 2013.

 

Standards Organization of Nigeria (SON)

SON has issued new Guidelines for the importation of goods into Nigeria (SONCAP). SON says that it has improved its process of importation and quality test. SON says it will ensure that all goods meet up with their requirements and standard and will work hand in hand with the Nigeria Custom Service (NCS) to make sure that this new regulations work effectively. Click here to read the new Guildline

 

Firm News

The firm’s IP partner Uche Nwokocha, was invited by the INTA to participate in the

Uche Nwokocha - IP Star

project team for the 137th Annual Meeting in San Diego, CA, May, 2015.

In an interview featured in International Trademark Association (INTA) Daily News, Ms. Uche Nwokocha spoke on the importance of Intellectual Property (IP) Protection and the role it plays in Foreign Direct Investment in Africa. Click here to read the interview.

Following the interview, Uche Nwokocha moderated a session on Tuesday, 5th May, 2015 titled “Trademark Offices in Africa: the importance of working with related government agencies”. It is noted within the international community that Africa is the new frontier for economic growth and the continent has seen mass businesses and investments. An efficient collaboration between government agencies and the trademark offices will benefit brand owners.

The session was well attended by IP stakeholders and practitioners. Other speakers for the session were drawn from 3 major jurisdictions – South Africa, Kenya and Nigeria.

 

Aluko & Oyebode Ranked in Band 1 by Chambers Global

The Firm is the only Nigerian law firm to be ranked in band 1 in the 2015 Chambers Global across all practice areas. The Banking & Finance, Corporate/Commercial, Dispute Resolution and Energy & Natural Resources all made the list.  Click here to read the full details.

 

The Bankole Olumide Aluko, SAN (BOA) Football Tournament

The final match/ceremony of the BOA held on the 24th of May, 2015. Our Firm qualified for the 3rd place match. The event ended with the Firm of Olisa Agbakoda Legal winning the Champions trophy and first place. Probitas Partners/B. Ayorinde & Co and Tayo Oyetibo & Co/Bayo Osipitan & Co took the second and third place/prizes respectively.

As a tradition, Our Firm gave out prizes to outstanding law students in various Universities in Nigeria in honour of late Bankole Olumide Aluko.

 

Aluko & Oyebode Advises SEPLAT on US$1.7 BILLION CREDIT FACILITIES

Aluko & Oyebode acted as Nigerian Legal Counsel to Seplat Petroleum Development Company Plc (“the Borrower”) in connection with the provision of credit facilities to the Borrower by a syndicate of Nigerian and international financial institutions, comprised of:

  1. a US$300 million corporate secured revolving credit facility;
  2. a US$700 million secured term facility; and 
  3. an accordion facility of up to US$700 million.

The Borrower is a leading independent oil and gas exploration company in Nigeria and, in 2010, was the first indigenous company to acquire, and become the operator of onshore oil and gas assets. The credit facilities were granted partly for the purpose of refinancing the company’s existing debts, releasing existing security and putting in place new security for the new syndicate of lenders. The transaction was innovative in that it incorporated an accordion feature and closed within a relatively short timeframe of 4 months.

Aluko & Oyebode Partner, Uche Nwokocha on How to Avoid Pitfalls When Investing in Africa

In an interview featured in International Trademark Association (INTA) Daily News, Aluko & Oyebode Partner, Uche Nwokocha spoke on the importance of Intellectual Property (IP) Protection and the role it plays in Foreign Direct Investment in Africa. Following the interview, Uche Nwokocha moderated a session at the ongoing INTA 2015 Annual Meeting in California, United States, on the issues that arise when different government agencies are involved in IP Protection in Africa.

Click here to read the interview

Aluko & Oyebode advises on Guinness Nigeria Plc’s N10 Billion Commercial Paper Programme

Aluko & Oyebode acted as Transaction Counsel on the inaugural N10 Billion Commercial Paper Programme established by Guinness Nigeria Plc, a subsidiary of Diageo Plc. This landmark transaction is innovative as it represents the first corporate commercial paper programme to be established by a non-financial institution following the Guidelines on Commercial Paper published by the Central Bank of Nigeria in 2009.

The transaction is unique in that it is the first time the company is establishing a commercial paper programme for the purpose of raising capital to amplify its production capacity. Another unique feature of the transaction is that it provides the investing public with an alternative means of investing in the company.