It remains a great surprise to me to still find some opinions against the validity and or legality of the recently amended Rules of Professional Conducts for Legal Practitioners, 2020-herein after referred to as RPC, 2020 (which seeks to amend the 2007’s Rules of Professional Conducts for Legal Practitioners-herein after referred to as the 2007 RPC), which was made by the Chairman of the Bar Council- the Chairman of the Bar Council being the Honourable, the Attorney-General of the Federation the 2007’s Rules of Professional Conducts for Legal Practitioners-herein after referred to as the 2007 RPC).! Quite more surprising it…
Author: Hameed Ajibola Jimoh Esq.
It remains a great surprise to me to still find some opinions against the validity and or legality of the recently amended Rules of Professional Conducts for Legal Practitioners, 2020-herein after referred to as RPC, 2020 (which seeks to amend the 2007’s Rules of Professional Conducts for Legal Practitioners-herein after referred to as the 2007 RPC), which was made by the Chairman of the Bar Council- the Chairman of the Bar Council being the Honourable, the Attorney-General of the Federation the 2007’s Rules of Professional Conducts for Legal Practitioners-herein after referred to as the 2007 RPC).! Quite more surprising it…
The Pandemic Coronavirus Disease-herein after referred to as COVID-19- has become a global disease which has affected almost all the global economy(ies). The private legal practice in Nigeria is not left unaffected by the said COVID-19, especially, lawyers in the private practice sector. Both seniors and young lawyers have been duly effected. The Nigerian Courts have been shut down except for very urgent matters, among other negative effects of the COVID-19. This paper is aimed at calling on lawyers in the private legal practice in Nigeria to think, prepare, plan and work beyond the COVID-19. The COVID-19 has come by…
Being a lawyer is in my view a privilege. It is not enough to only wish to bear the name ‘lawyer’ or ‘legal practitioner’ without bearing the accompanying responsibilities. This paper is aimed at encouraging lawyers and specifically, young lawyers, on the need for them to be up and doing in regard to the legal profession and the legal practice and to put in their best in the continuing legal education. In my humble view, the purpose of education right from the department of law in the tertiary institution up to the Nigerian law school is not a joke and…
Age 34 is the youthful age of a person which is very important to a lawyer as well. This ‘gimmick’ as a word is defined by the Webster online dictionary to mean ‘a method or trick that is used to get people’s attention or to sell something’. This paper is a piece of advice to lawyers to observe and to make positive use of their life as the said age 34 is very tricky in the sense that at that age, one might be tricked into believing that he is still very young and having enough time but alas! He…
There have been occasions where the executives especially some Governors of States of the Federation of Nigeria would directly donate and or offer incentives to judicial officers as incentives to them in a way. I, with due respect, contend and disapprove of this act of unnecessary generosity in the interest of justice, with due respect. I rather prefer that the National Judicial Council-herein after referred to as the NJC- should directly deal with any incentive to judicial officers, hence, this paper. Judicial officers are clearly defined by section 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as…
On the 15th day of February 2020, I watched a live programme of the 8th Matriculation Ceremony of Gregory University, Uturu, Abia State, on NTAi (Nigerian Television Authority International). On the programme, a segment caught my attention and that was where the Honourable Minister of Transportation, His Excellency, Rotimi Amaechi was sharing some of his past personal stories with the matriculating students of the university and he was encouraging them to work hard and to avoid being distracted from their education by any circumstance either as males or as females. In His Excellency’s advice, he informed about how his father had no money…
Being an activist is many times, a divine call, in my humble view and this is to the effect that justice is always your goal as an activist and not influenced by personal or selfish motives. However, today, there are many individuals or persons who hold themselves out only to gain some form of publicity by tagging themselves ‘Human Rights Activist’. They even register a non-governmental association with a fake claim of championing the fight for human rights. It is also likely that the severe economic hardship has been the influence behind this sudden deviation from the path of a human rights…
Being a senior is in my humble view, a status that generally shows growth, experiences and advancement of a person. The legal profession is not an exception to this fact about seniority. I am seven (7) years at the bar by the grace of God at the moment and I shall become eight (8) years old at the bar by God’s grace next year (2021), may Almighty Allaah strengthen my life beyond that time in greatness, good health, everlasting prosperity and all the good of this world. Aamiin! It is customary and or conventional (though no law to this position) that seniority at…
The call for Nigeria’s restructuring has been on for quite a while or a decade, with every caller calling for restructuring for his own ambition and interest. To some of those persons, the call for restructuring is for the Northern, Southern, Western and Eastern parts of the country to gain their sovereignty and independence under their own respective sovereign government. There are other proponents of restructuring who call for same for political reasons and interests, while on the other hand, are some persons, to whom the call for restructuring is for even distribution of the national cake or wealth in…
In Nigerian history, there have been some reported cases of human rights violation which had occurred in the past. Today, some of these similar breaches have come to be experienced. Only God Almighty could tell what happens tomorrow and how human rights will be respected by all and sundry. This paper aims at recalling some of these cases of human rights violation that had occurred in the past and those happening today as a parameter for determining and or curbing any of those violations from transplanting into the future. Human rights have been said to be inviolable and inalienable rights…
In Nigeria, there are lots of reasons and importance to continue to orientate and sensitise ourselves about the need for us all to bear and persevere in this circumstance where some sections of the country complain about either their: disenfranchisement, segregation, domination by sects, disobedience to courts’ orders by government’s agencies, etc, all these being some of the likely disadvantages of where those who perpetrate these acts being complained about have shown a decisive option to allow democracy to split. This disregard for democracy in my humble view has its consequences which are entirely negative and better not to wish…
Freedom of expression is a fundamental right guaranteed under the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution and under the Article 9(2) of the African Charter on Human and People’s Rights as well as Article 19 of the United Nation’s Universal Declaration of Human Rights Resolution 219A(III) of 10, December, 1948. On this right, some Nigerian citizens are of the view that this right is absolute and that the State or government has no right or power to restrict same in any way as any attempt to restrict same shall amount to denial…
There are some views by some persons who view the Nigerian laws as unnecessary and Nigeria being a country where those laws made in force are just something else that is of no use. With due respect to those persons, this paper aims at considering the truth or otherwise of those views and to actually assess some thoughts. First and foremost, it must be stated that laws are very important for every society to be well organized and well-coordinated, even God Almighty has His own laws that guide the Universe and all humans and everything that He creates. Man displaces…
For quite some days, there has been the rising issue of a codenamed security operation named ‘Operation Amotekun’, launched by some governors of some South-Western States in Nigeria, such as Lagos State, Ogun State, Oyo State, among others, the launch which was said to have been necessitated by the alleged criminalities rising in some communities in those States since the efforts of the incumbent security forces of the Federal Government such as the Nigeria Police Force, etc., have not been able to find a lasting solutions to these menaces. The Honourable, the Attorney-General of the Federation had a few days…
It is normal (but not required) that when a person is advised to write his Will, such person thinks that he is wished for death in no time. The truth is that it is very important (considering the significance of Will) for a Muslim to write his Will before death. There have also been occasions where when a Muslim dies, the family members engage in battles among themselves over the estates left behind (even to the extent of using supernatural or devilish influence or assassinations against one another), even though Allaah has distributed the shares of every heir of the…
It is a principle of contract that a contract can either be in writing or oral. A tenancy is a relationship that is created as a result of the contract between the landlord and the tenant over particular premises or property. Sometimes (if not many), not all tenancies have a written agreement or contract but based on an oral agreement or mutual understanding of both the landlord and the tenant over the said premises. In this kind of circumstance, this paper views that in a situation where a landlord dies (where there is no written tenancy agreement) and has no…
Every year, the number of lawyers produced by the Council of Legal Education is almost more than a thousand yet; the country does not enjoy the social engineering reforms expected from lawyers considering such large numbers of the legal and professional minds! Upon the call to bar and the consequent enrollment of such person as a lawyer, everyone in the society that knows him would always hail him ‘Barrister!’ or ‘my barrister!’ or ‘the law!’, among other words to show the fulfillment in such lawyer. Then, such a lawyer begins the search for his glory and majorly, would find himself…
Marriage though is a union between the couples, the roles and duties of lawyers make marriage a mandatory ambition for every lawyer. This paper is a brief piece of advice for lawyers not to underestimate marriage conducted according to the legal procedures and to make that as their ambition. As far as Nigerian Legal System is concerned, marriage (legal marriage) can be in three different forms vis-à-vis: marriage conducted under the Marriage Act; marriage conducted in accordance with the Islamic Law of Marriage (Personal Law); and marriage conducted under the Customary laws or tradition. Any of these three forms of…
I have taken observation of the rising nature of the internet and all of its surrounding developments as well as the negative effects or impacts it has created. Of recent, Nigerian National Assembly is legislating on Protection from Internet Falsehoods, Manipulations, and other Related Matters Act (still a Bill in the Senate), which is still in its embryo at the moment as a way of regulating the social media, the social media which are forms of the internet and the internet itself. I then thought of alerting the human rights activists, the members of the public to be at alert…
The concept of ‘constitutional supremacy’ is very important in Constitutional law. There and then, I view that some issues are surrounding the said concept especially in the aspects of the scopes and the realities of the concept. These are the concentration of this paper. The word ‘scope’ according to the online Webster dictionary, means ‘intention, object’. While the word ‘reality’ according to the same dictionary, means ‘the true situation that exists: the real situation; something that exists or happens: a real event, occurrence, situation, etc.’. What this paper views is that the realities of the ‘constitutional supremacy’ are different from its scope (intention) as far as…
Aesthetics they say in ‘literature’ has a relationship with ‘beauty’. That is, a work of art that relates to art or beauty. In other words, what appeals to the senses of man or the viewer or the reader. Also, ‘work of art’ includes ‘writings’. Therefore, legal writing is specie of artistic work which just like the typical nature of an artistic work, aesthetics is a common feature. Furthermore, this paper is of the courage and recommendation, most respectfully, that legal writings which are written by lawyers either inform of: articles; journals; books; comments; opinions; etc, should be done in such a way that it has the…
As the world is developing today with advantages and impacts of technologies, so some evils relating to crimes and or offences are rising daily to meet up with those advantages and even surpass those advantages. The government of the Country and other law enforcement agencies are also not folding their arms to bring all those who perpetrate these evils in the society to book. Much more worse is that the majority of the citizens in the civil society are still ignorant of the various technologies and their effects so, they are easily vulnerable to be taken advantage of without the…
In a democratic system of government, individuals have the right to express themselves and have the right to complain of a wrong done to such person either by another person or by government or any of its agencies. See section 39(1) and 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Such complaints might even be in respect of public interest complaint. Lawyers are trained professionally to know how to make or lodge petitions to the appropriate quarters, especially under Administrative Laws and procedures. In my humble view, I view that considering the bad conditions of our societies…
Today, the fight against corruption has been so consistent and effective against some personalities including some lawyers in different ways. Some lawyers have also given their approval and support for the fight against corruption in Nigeria. It might be very surprising as I have reasoned, to discover that perhaps with due respect, some of those lawyers who support this fight against corruption too actually have their corrupt practices in one way or the other where they have been involved. This paper is a piece of advice for those lawyers having criminal or corruption records yet to be discovered to clean…
Overtime, there has been some reports about some lawyers being unable to defend their own rights whenever any of such is violated not really out of financial disability rather as a result of lack of exposure, with due respect, to the roles of a lawyer (as they are) as a societal reformer. Sometimes too, some of these lawyers beg non-lawyers for assistance, the situation which becomes very embarrassing and surprising! That is why this paper aims to ginger and reawake the activism in those lawyers so that they can speak for themselves with passion and to stand up for someone’s…
Technologies have risen today to a very unreachable and unbeatable level of which they are likely to go higher than can be imagined in period to come. This situation has thrown everyone into a situation where everyone is caught up unaware of the development of technologies. In this struggle, government has been confronted with several issues related to technologies such as technologies crimes or cyber-crimes so to say, dissemination of hate speeches, cyber-terrorism (specifically), cyber-bullying (where one person intimidates or threatens another via the cyber or electronically), scammers’ cause of discomfort to citizens and unaware-users of the technologies, hackers’ efforts,…
The Judiciary (and in other words, the Courts) is one of the three arms of government in a democratic system. The functions of the judiciary are clearly stated under the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution. Nevertheless these functions, the courts have continued to be overburdened with administrative functions rather than being concerned and busy with the normal regular sittings in dispensing justice to disputes and interpreting laws, the situation which, in my humble view, with due respect, has affected the administration of justice and which has caused delays in the litigation…
Rendering Pro bono legal services by lawyers is encouraged at all times, despite the current economic challenges, but lawyers in a great number, will not be willing to render such legal services pro bono whether in civil or criminal matter. Their plight or constraint too is understood perhaps due to the economic pressures telling on them from either family members or other dependents. This paper is a reflection on the true nature of pro bono legal service, also considering the gains and prospects for lawyers in Nigeria as a courage or encouragement for lawyers of all categories to see the good impact of pro bono legal…
Legal research, despite how important and unavoidable to every lawyer, it is my observation that some lawyers have neglected this aspect of their legal practice, perhaps because of economic hardship that everyone is experiencing in Nigeria and the global economic meltdown. Nevertheless, I have considered that legal research is unnoticed as financial succor for lawyers, hence, this paper. The word ‘research’ is defined by the Webster online dictionary as a ‘careful study that is done to find and report new knowledge about something’, ‘the activity of getting information about something’. Therefore, from this definition, ‘legal research’ can be defined as a careful study…
