Home Blog Page 1295

Alleged N75M Bribe For “Magu Boys”: Damijay Integrated Services Ltd Petitions CJN Against Victor Giwa For Alleged Infamous Conduct

THE Director of Damijay Integrated Services, Mr. Donald Wokoma has petitioned embattled Victor Giwa, Esq., for alleged “infamous conduct unbecoming of a Legal Practitioner”.

This is contained in a letter dated 9th day of September, 2020 and an affidavit supporting same which were made available to TheNigeriaLawyer (TNL).

It was stated that he allegedly breached rule 14 of the Rules of Professional Conduct, 2007 and also, that he allegedly joined some operatives of the EFCC with a view to extorting their company to the tune of 75 million naira.

The letter reads:

9th September, 2020

The Hon. The Chief Justice of Nigeria,
The Hon. Justice (Dr.) I. T. Muhammed,
Supreme Court of Nigeria,
Three Arms Zone,
F.C.T., Abuja.

My Noble Lord,

PETITITON OF DAMIJAY INTEGRATED SERVICES LIMITED AGAINST VICTOR GIWA, ESQ. BORDERING ON INFAMOUS CONDUCTS UNBECOMING OF A LEGAL PRACTITIONER IN VIOLATION OF MULTIPLE PROVISIONS OF THE RULES OF PROFESSIONAL CONDUCT ENACTED BY THE GENERAL BAR COUNCIL, 2007 AND THE COMPELLING NEED FOR INVESTIGATION AND APPROPRIATE SANCTION

INTRODUCTION:

I, DONALD WOKOMA, Adult, Male, Christian, Nigerian Citizen of Adult of 9 Yinka Arogundade Close, Thomas Estate, Ajah, Lagos, do hereby state that:

  1. I am a Director in Damijay Integrated Services Ltd (called Damijay for short) by virtue of which I am conversant with the facts and circumstances eventuating in the instant petition.
  2. Sometimes in 2018, I made an attempt to perform some banking transactions on Damijay’s accounts but could not succeed.
  3. Upon inquiry, I was informed at the Garki, Abuja Branch of the Access Bank that a ‘POST-NO-DEBIT’ (PND) order was slammed on Damijay’s account meaning that I could not transact on the account.
  4. My further enquiry yielded the discovery that the said POST-NO-DEBIT (PND) order on Damijay’s account domiciled with Access Bank was at the directive of the EFCC without any valid order of a Court.
  5. Arising from the foregoing development, Damijay, through its then Counsel, MR. VICTOR GIWA, promptly instituted an action before the High Court of the Federal Capital Territory, Abuja sitting at Jabi and presided over by the Honourable Justice O.C. AGBAZA in Suit No. FCT/HC/CV/2908/2018 wherein judgment was entered [on Friday, 30th day of November, 2018] in its favour against the EFCC declaring the restrictions on its account unlawful and effectively ordering that all restrictions thereon be lifted peremptorily. A certified true copy of the said judgment entered by the F.C.T. High Court (Per Agbaza, J.) is hereby attached and marked as EXHIBIT A.
  6. Worried that the Order of the Honourable Court (referred to in the preceding paragraph) has not been obeyed, I inquired from our erstwhile Counsel, VICTOR GIWA, Esq., to find out the reason for the refusal of the Economic and Financial Crimes Commission (the Complainant herein) to obey the Court Order delivered Damijay’s favour. VICTOR GIWA informed me that the agents of the EFCC are demanding for a whopping 75 Million Naira (75, 000,000.00) which they later satanically increased to the 40 % of the total sum in the company’s account (aggregating to One Hundred Million Naira).
  7. VICTOR GIWA informed me that the agents of the EFCC demanded that I issue three sets of blank cheques to the tune of Twenty-Five (25) Million Naira each and that they would be the ones to fill in the account details of the beneficiaries of the funds and I complied. I wrote out the said three sets of cheques (valued at twenty-five Million Naira each) which Barrister VICTOR GIWA came to collect from me and he told me that the agents of the EFCC have been harassing him for the cheques.
  8. The meeting where he came to collect those cheques lasted for 27 minutes and some seconds. In the said meeting, he told me that he has discussed with the now suspended Acting Chairman of the Economic and Financial Crimes Commission who then gave him someone to work with him on the case. He explained that once they receive the cheques from him, either Mr. Ibrahim Magu or the Director of Operations would sign a letter of release that would be addressed to the Bank where the Damijay’s money was being held and that he (Victor) would send me a copy of the letter.
  9. While still in my presence, after collecting the cheques, he put a call across to a female (called Aisha, who was later discovered at the hearing of the Judicial Commission of Inquiry to be one BARRISTER FATIMA HASSAN). In the said conversation (which Barrister Victor Giwa put on loudspeaker), Barrister Fatima Hassan asked Victor Giwa, Esq. whether he was with the cheques to which Victor answered yes. She told Victor Giwa to come to Utako where they would meet.
  10. After Victor Giwa’s phone conversation with Barrister FATIMA HASSAN, Victor Giwa told me that it was Barrister Fatima’s husband who he (Victor) had wanted to call earlier but that his number was switched off and that the reason why he called Barrister Fatima was that her husband told him (Victor) to call his wife anytime he could not reach him. Unfortunately, appearing before the Panel, the same Barrister Fatima lied that she was to collect the 75 Million Naira as legal fees. I have never met Fatima in my entire life. I have never spoken to her. I never had any Attorney-Client relationship with her (and Barrister VICTOR GIWA confirmed this before the Presidential Panel when he was asked if I have ever met or known Barrister Fatima and he answered in the negative).
  11. After collecting the cheques, VICTOR GIWA came to tell me that they (EFCC officials) rejected the cheques because they are Diamond Bank cheques and that instead I should rather execute an Irrevocable Standing Payment Order (ISPO) on the letter headed of Damijay. It was in that process that VICTOR GIWA supplied the under-listed bank account details to me for the purpose of depositing the said Seventy-Five Million Naira [by executing an IRREVOCABLE STANDING PAYMENT ORDER in favour of the said accounts] in three tranches of Twenty-Five (25) million as follows:
    1. Name: Cikin Gida Nigeria Limited

A/C NO: 1771773211. Bank: Polaris Bank

  1. Name: Amina Kigbu

A/C NO: 2176716071. Bank: Zenith Bank

  1. Name: Black & Black Global Concept Limited

A/C NO: 0259011841. Bank: GTB

  1. After executing the Irrevocable Standing Payment Order in favour of the accounts as above, VICTOR GIWA came back to me to say that the Agents of the EFCC had rejected the Seventy-Five Million Naira but have now increased their demand to 40% of the total sum in the 2nd Defendant’s account (aggregating to the sum of One Hundred Million Naira) which I outrightly rejected.
  2. It was two (2) days after my refusal to dance to the unlawful and extortionary tune of the agents of the EFCC (who have satanically raised their atrocious demand to One Hundred Million Naira) that they (the EFCC) now instituted the purported ‘amended charge’ to bring in my name in the original charge filed on the 4th day of January, 2019 so as to possibly overbear/crush my will, overawe me, intimidate me, and/or stampede me into obliging their obscene demand of humungous One Hundred Million Naira.
  3. The facts averred in preceding paragraphs 7, 8, 9, and 10 are contained in two (2) separate audio recordings evidence (27 and 4 minutes respectively) The two separate audios (contained in two separate flash drive) are hereby annexed and marked as EXHIBIT B1 & B2
  4. This ugly state of affairs as between the EFCC, VICTOR GIWA herein and myself impelled us to engage the services of Barrister JOHNMARY CHUKWUKASI JIDEOBI to urgently direct a petition to the Honourable Attorney-General of the Federation (and copy the Presidential Panel investigating the activities of the suspended Acting Chairman of the Complainant herein) calling for a holistic investigation into the ignoble crimes of gargantuan extortion in which the Complainant herein is entangled with respect to the Applicant’s money. An acknowledgment copy of the said petition to the Honourable Attorney-General of the Federation is hereby attached as EXHIBIT C.
  5. The said petition was referred to the Honourable Justice Ayo-Salami Judicial Commission of Inquiry currently investigating the now suspended Acting Chairman of the EFCC. I also deposed to an affidavit in support of the petition (containing as exhibits the WhatsApp/sms messages between myself and Barrister Victor Giwa detailing these facts) which was filed and received in evidence before the Honourable Justice Ayo-Salami Judicial Commission of Inquiry which is hereby attached as EXHIBIT D.
  6. Following the summons issued against him by the Judicial Commission of Inquiry, VICTOR GIWA, Esq. appeared on the 18th day of August, 2020 before the Judicial Commission of Inquiry and admitted whole and entire that he was the one recorded in the two (2) audio recordings which the said Judicial Commission of Inquiry admitted in evidence after it was played in the presence VICTOR GIWA, Esq., Mr. Ibrahim Magu, his Counsel, myself and my Counsel, Johnmary Chukwukasi Jideobi, Esq.
  7. VICTOR GIWA testified before the Commission to the effect that he was/is facilitating the Seventy-Five Million Naira extortion deal with one Barrister Fatima Hassan who claimed she was/is connected with high-ranking officials of the EFCC herein who would ensure compliance with the Order of this Honourable Court (Per O.C. Agbaza, J.) in Suit No. FCT/HC/CV/2908/2018 once the Seventy-Five Million Naira was received. As at the 25th day of August, 2020 when a formal inquiry was made at the Registry of the Court, the EFCC has not filed any Notice of Appeal against the said Order/Judgment of the Hon. Justice O.C. Agbaza. Neither was any stay of execution entered respecting the said judgment by the Commission.
  8. After the revelations that emanated from the hearing of the Judicial Commission of Inquiry into the sordid saga, we initiated a petition to the Director-General, State Security Service otherwise called DSS. An acknowledgment copy of the said petition to D-G, SSS dated and received on the 27th day of August, 2020 is hereby attached as EXHIBITS E.
  9. Despite repeated demand on VICTOR GIWA to provide me with the information relating to my case (while he was working for me) as he gathered from the EFCC people, he outrightly denied me those information preferring to instead protect the interest of the EFCC people to my own interest who hired him against the EFCC. I know that this gravely offends the Rules of Professional Conduct for Lawyers in Nigeria which by its Rule 14 mandates Lawyers to not only be devoted and dedicated to the cause of his client but to also and more importantly act in manner consistent with the best interest of the client (and not the best interest of the Client’s opponent).
  10. I strongly believe that BARRISTER VICTOR GIWA most callously betrayed instead of protecting my best interest in actively working together the EFCC people to extort me of the whooping sum of 75 Million Naira (which they later increased to One Hundred Million Naira) as a condition to enforce a subsisting sacred Order of the Court. I believe that this is treating the Nigerian Constitution with disdain since all authorities and persons are supposed to obey all Court Orders. In failing to act consistently with the demands of the Nigerian Constitution regarding obedience to Orders of Court, VICTOR GIWA has gravely violated Rule 1 of the RPC that exhorts all Lawyers to uphold the Rule of Law and not engage in conducts unbecoming of a Legal Practitioner.
  11. I know that the Rules of Professional Conduct, every Lawyer owes his Client the duty of responding as promptly as reasonably possible to request for information by the Client. I strongly feel that Barrister VICTOR GIWA failed me in toto in this regard.

PRAYERS OF THE PETITION:

I have been informed that the job of a Lawyer does not extend to facilitation of extortion. The ethics of legal profession in Nigeria, as I was made to understand, does not exhort extortion as a mode of enforcement of the judgment of a Court of Law which is sacred and should command unquestionable obedience from all authorities and persons. I feel emotionally wrecked, totally traumatized, dumbfounded and dejected that a Lawyer (whom the society holds in high esteem and who) I trusted with my life (and rightly so) could summon the temerity to lead me to the slaughter slab of the adversary instead of protecting me from those who have no regard for our laws (which was the foundational goal for engaging his legal services in the first instance). In my readings and research, I became aware that a Lawyer should be bold, fearless and totally loyal in defending the interest of his client. This is captured in the venerated and beautiful prose of Lord Brougham of England in 1821 in defence of Queen Caroline where he made this extremely apt observation that has a defining impact on the complaints I have now brought before you thus:

“An advocate, in the discharge of his duty, know but one person in all the world, and that person is his client. To save that client by all means and expedients, and at all hazards and costs to other persons, and amongst them, to himself, is his first and only duty; and in performing this duty, he must not regard the alarm, the torments, the destruction which he may bring upon others. Separating the duty of a patriot from that of an advocate, he must go on reckless of consequences, though it should be his unhappy fate to involve his country in confusion”

It is the prayers of this petition that:

  1. The Honourable the Chief Justice of Nigeria directs an inquiry into why Victor Giwa, in clear breach of Rule 14 of the Rules of Professional Conduct, 2007, refused to oblige me with the documents pertaining to my case which I needed to support my petition to the Honourable Attorney-General of the Federation despite my repeated written demands to that effect and despite his professional duty of “responding as promptly as reasonably possible to request for information by the client”
  2. The Honourable the Chief Justice of Nigeria directs an inquiry into why Victor Giwa, despite his professional duty of “devotion and dedication to the cause of his client and to act in manner consistent with the best interest of the client”, decided to join my oppressors to kneel on my neck (facilitating my extortion) despite the favourable Court judgment he was under a duty to enforce against my known adversaries.
  3. That Honourable the Chief Justice of Nigeria, against the backdrop of the odoriferous conducts complained of herein, directs an inquiry into whether a person in the frame and character of Barrister Victor Giwa is still fit and proper to continue with the hallowed practice of law in Nigeria which requires the highest attainable ethical standards. allow his odoriferous conducts, being complained of here, drag the image of the entire legal profession to the mud of ignominy.

Please, kindly accept the assurances of our sincere regards,

DONALD WOKOMA

For: DAMIJAY INTEGRATED SERVICES LIMITED

Just In: Police Arrest Anti-Fuel Hike, Electricity Tariff Protesters In Lagos

Operatives of the Nigeria Police Force have arrested protesters expressing their displeasure over the recent increase in petroleum price and electricity tariff.

The protesters were arrested around the Ojuelegba area of Lagos on Thursday.

It was gathered that apart from the protesters, gadgets of journalists were also seized.

One of the leaders of the protesters, Hassan Soweto, said 18 persons were arrested, including four journalists.

“We have just been arrested alongside several other members of the Socialist Party of Nigeria and journalists for protesting this morning against fuel price hike, electricity tariff, and deregistration of SPN. I am typing this message at the back of a police van taking us to Area C, Police Command, Lagos,” Soweto, who is the National Youth Leader of SPN said.

In a statement, the National Organising Secretary of SPN, Dimeji Macaulay, identified those arrested as Dagga Tolar, Ayo Ademiluyi, Chinedu Bosah, Lexan Ali, Fidel Davynovich, Oluwole Engels, Soweto, and eight others.



He said, “We condemn this attack as part of the continuous descent of the country into a brutish state of military repression. It is completely unacceptable, and we enjoin all Nigerians interested in preserving this country’s hard-earned democracy to condemn this emboldened descent into a civilian-military dictatorship.

“We demand a public apology from the police for this ridiculous and unprofessional action taking against our comrades, and we ask that proper disciplinary measures be taken on those security officers involved.

“It’s important for you to note that Demonstrations and protests are a global phenomenon and are a part of the development of any society.”

Efforts to reach the Lagos Police Public Relations Officer, Muyiwa Adejobi, proved abortive.(thepledge)

COVID-19: Over 7,000 Health Workers Killed Globally — Amnesty International

At least 7,000 health workers worldwide have died after being infected with the coronavirus, including more than 1,300 in Mexico alone, the most for any country, Amnesty International said Thursday.

“Every health worker has the right to be safe at work, and it is a scandal that so many are paying the ultimate price,” said Steve Cockburn, head of economic and social justice at the London-based rights group.

“Many months into the pandemic, health workers are still dying at horrific rates in countries such as Mexico, Brazil, and the USA, while the rapid spread of infections in South Africa and India show the need for all states to take action.”

At least 1,320 health workers are confirmed to have died from Covid-19 in Mexico, a “staggering” cost of human life, Amnesty said.

Other hard-hit countries include the United States with 1,077 deaths among health workers, the United Kingdom with 649, Brazil with 634, Russia with 631, and India with 573.

Even these figures are likely to be “a significant underestimate,” as deaths may not have been officially registered in many countries, Amnesty said.

Mexico, which has one of the world’s highest overall fatality tolls from the coronavirus, has kept a detailed record of health worker deaths which may partly explain its high figure, Amnesty said.

The Latin American nation has reported 97,632 confirmed cases of Covid-19 among health workers, among a total of more than 610,000.

“There have been reports that hospital cleaners in Mexico are especially vulnerable to infection,” Amnesty said, noting that outsourcing means such workers have less protection.

The Mexican government has recognized that the health system has suffered from decades of neglect but says it is working to improve standards.

The country of 128.8 million has officially registered more than 65,000 deaths from the coronavirus, out of a total of more than 860,000 worldwide.

In countries including India, Brazil, and South Africa, health workers have complained about shortages of personal protective equipment and broader working conditions, Amnesty said.

“Throughout the pandemic, governments have hailed health workers as heroes, but this rings hollow when so many workers are dying from a lack of basic protection,” Cockburn said.

AFP

Effect of Invalid Transactions (Nullities) in Nigeria

Effect of Invalid Transactions (Nullities) in Nigeria. Daily Law Tips (Tip 646) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

An act that is void, lacks legal consequence and has no powers or relevance is a nullity. Although a nullity may be culturally, religiously, morally, logical  or modernly right, correct and accepted, they are legally invalid and unacceptable. This work examines the attitude of Nigerian courts towards invalid transactions/nullities. 

Part of being a human is being logical and law abiding. Where there are set down legal process for doing things, such process must be followed for there to be a valid transaction. Where there are mandatory statutory conditions leading to a result/transaction, any purported result/transaction without the approved conditions cannot be a true result/transaction rather a waste and nullity. It is an invalid transaction. Imagine,  a court relying on a repealed/abolished law to convict a defendant or a man that never contested in an election approaching an election tribunal to be declared winner or a man seeking the benefits of marriage from a woman he never married. These three instances will lead to nothing but nullity, waste of resources and invalid transactions.  

To better understand “Nullity”, below are the words of the Supreme Court of Nigeria and the Court of Appeal.  

“The term “nullity” was described thus: ”Nothing; no proceeding; an act or proceeding in a case which the opposite party may treat as through it had not taken place; or which has absolutely no legal force or effect.” See Black Law Dictionary Special Deluxe 5th Edition, page 963. In Okafor v. A-G., Anambra State (1991) 6NWLR (Pt.200)659, it was held that a nullity is in law, an act which is void and lacking of any legal effect or consequence whatsoever. It is beyond remedy. ” Per NGWUTA ,J.S.C ( P. 15, paras. C-F ) in the case of LASISI v. STATE (2013) LPELR-20715(SC)

“Also Lexicon Webster Dictionary at page 650 also defines nullity to mean: “The state or fact of brief null, nothingness, invalidity, something null, specifically that which has no legal force or validity.” The totality of the above definition is that whatever is nullified absolutely does not exist and cannot be referred to as being in existence. It is a state of nothingness. It is something that has no legal force.” Per ABBA AJI ,J.C.A ( Pp. 29-30, paras. E-B ) in the case of PPA & ANOR v. INEC & ORS (2009) LPELR-4864(CA)

“In the case Okafor & Ors. v. A.G. & Commissioner for Justice & Ors. (1991) LPELR – 2414 (SC) page 30 this court held thus of nullity:- “A nullity is in law a void act, an act which has no legal consequence. The act is not only bad, and as was stated by Denning L. J. in U.A.C. Ltd. v. Macfoy (1961) 3 All ER. 1169, is incurably bad.” Per CLARA BATA OGUNBIYI ,J.S.CÂ ( P. 59, paras. G-B ) in the case of ODEDO v. PDP & ORS (2015) LPELR-24738(SC)

“To assuage the feelings of the appellant in this respect, it is apt to remind him of the pronouncement of Lord Denning about five decades ago in the case of MacFoy v. U. A .C Ltd. (1962) A. C. 150 at page 160. It goes as follows:- “If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an order of the Court to set it aside. It is automatically null and void without much ado, though it is sometimes convenient to have the Court declare it to be so.” Per JOHN AFOLABI FABIYI ,J.S.C ( Pp. 54-55, paras. E-A ) in the case of BARIGHA v. PDP & ORS (2012) LPELR-19712(SC)

“The position of the law therefore is that every proceeding, which is founded on a void act is also bad and incurably bad. You cannot put something on nothing and expect it to stay there: Macfoy v. U.A.C. Ltd. (1962) AC 152 at 160.” (DISSENTING). Per ALOYSIUS IYORGYER KATSINA-ALU ,J.S.C ( P. 49, paras. B-C ) in the case of SALEH v. MONGUNO & ORS (2006) LPELR-2992(SC)

In conclusion, anything that is an invalid transaction/nullity is automatically and irretrievably bad, unacceptable and a huge waste. Nothing good can come from it and any one relying on it, is like one attempting to walk on a sea. Hence, the Nigerian courts do not need to declare a nullity, for an invalid transaction to come a nullity. Nullities and invalid transactions are self-bound, self created and self destructive without any benefits or order of a court. 

My authorities are:

  1. Judgment of the Supreme Court in the case of BARIGHA v. PDP & ORS (2012) LPELR-19712(SC)
  2. Judgment of the Supreme Court in the case of ODEDO v. PDP & ORS (2015) LPELR-24738(SC)
  3. Judgment of the Supreme Court in the case of LASISI v. STATE (2013) LPELR-20715(SC)
  4. Judgment of the Supreme Court in the case of SALEH v. MONGUNO & ORS (2006) LPELR-2992(SC)
  5. Judgment of the Court of Appeal in the case of PPA & ANOR v. INEC & ORS (2009) LPELR-4864(CA)

#SabiLaw

#DailyLawTips

#SabiBusinessLaw

#SabiElectionLaws

#SabiHumanRights

#SabiLawOnBeatFm

#SabiLawLectureSeries

#CriminalJusticeMonday

#SabiLawVideoChallenge

Speak with the writer, ask questions or make inquiries on this topic or any other via [email protected] or [email protected] or +2348037665878. To receive our free Daily Law Tips, follow our Facebook Page:@LearnNigerianLaws, Instagram:

@LearnNigerianLaws and Twitter: @LearnNigeriaLaw

Please share this publication for free till it gets to those that need it most. Save a Nigerian today! NOTE: Sharing, modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted.

This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

Powered by www.LearnNigerianLaws.com {A Free Law Awareness Program of Sabi Law Foundation, supported by the law firm of Bezaleel Chambers International (BCI).}

Why Netflix built its first global brand campaign around one of the most controversial parts of its UX

In its first-ever global campaign, the streaming giant aims to make its brand feel like more than just the place you binge.

By Jerry Beer

So far this week, Netflix has announced an upcoming doc on K-pop sensations Blackpink and released a stylishly creepy trailer for the newest adaptation of Daphne du Maurier’s Rebecca, and CEO Reed Hastings launched his new book on the company’s culture of reinvention.

The hype around the company tends to focus on the content, which makes a good amount of sense since it started churning out original shows and movies like Nike does sneakers. Or it’s the corporate leaders such as Hastings, talking about the downside of pandemic-imposed working from home. Point is, the focus around Netflix is rarely on the Netflix brand, but rather what the company facilitates for us.

In terms of marketing, that’s translated into campaigns and social engagement that pointed the spotlight on individual pieces of content, particularly tentpole originals such as Stranger Things, or large fan bases it hopes to woo, such as African Americans via Strong Black Lead, as opposed to itself.

Now, the company is aiming to make a statement about what it wants to be to you with its first-ever global brand campaign.

Of course, given the sheer amount of Netflix many of us have tapped directly into our veins since March, it probably could’ve just been a giant blank screen with a red “You’re welcome” on it. But it’s not.

[Photo: Netflix]

Dubbed “One Story Away,” the campaign was teased in Sunday’s New York Times and launches on Thursday, September 10, in 27 countries across TV, radio, and billboards. The primary ad is a 90-second paean to the journey you go on every time you hit play. Narrated by Ava DuVernay, it begins, like everything on Netflix, with a black screen and a red progress bar starting to move. As the bar moves through scenes from such shows and movies as The Queen, Sex Education, Orange Is the New Black, and DuVernay’s own When They See Us, the star director and producer talks about what these stories teach us about the world and ourselves.

“Sure, there’s a lot you may not know,” she says. “But that’s exactly what makes a story worth watching. Because in the end we’re only one story away.”https://www.youtube.com/embed/IqkVUfYMZWM?feature=oembed

That’s because everyone’s experience on the streamer is different based on their tastes, but there still are common threads that tie it all together. One that the brand’s marketers are betting on is how our perspectives change after we’ve watched something. In a blog post, Netflix vice president of brand Eric Palotta writes, “The TV shows and films we watch bring out all sorts of different emotions, give us perspectives we’ve never seen before and even make us feel closer to each other.”

It’s that before-and-after that led to the progress bar emerging as another potential brand symbol. Netflix knows it has instantly recognizable iconography: the Netflix N, the color streams that play before starting something, and of course, the ‘DUH-dunnnnnng’ sound.

Now it wants to build on that by using the progress bar as a metaphor for that journey every viewer goes on.

As dominant as Netflix is in the United States, as well as other markets it’s been in for years such as Canada and Brazil, there are others, such as Japan, Korea, and India, where it still needs to explain to people what it is—and why it’s good. Despite those differences, this campaign aims to speak to both potential new and long-time subscribers.

Part of appealing to those global audiences is adapting the new spot to be narrated by homegrown talent. French actor Omar Sy narrates the ad in France, for example, while comedian Hannah Gadsby is the voice in Australia.

[Photo: Netflix]

Netflix officials are quick to point out that this isn’t the company’s Pandemic Ad, but something that’s been in the works since long before March. Which means that it also predates the hire of chief marketing officer Bozoma Saint John, who joined in July. While the new executive didn’t oversee this one, the brand’s effort to build an emotional connection between its audience and the company—and not just for the content it serves them—certainly has her stamp of approval.

As brand building goes, it’s perhaps the company’s weakest link. It’s no shocker that this push comes now, amid the launches and continued growth of rival streaming platforms such as Disney Plus, Amazon Prime Video, HBO Max, and NBC’s Peacock, among others. Many of these are strong brands looking to extend our consumer goodwill to streaming, while Netflix is playing it the other way by translating an unmatched streaming strength into a stronger brand.

Are you still watching?

FastCompany

Difference Between Barristers and Solicitors in Nigeria and in the United Kingdom

Difference Between Barristers and Solicitors in Nigeria and in the United Kingdom. Daily Law Tips (Tip 647) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Although the present space known as Nigeria has been in existence long before the visits of colonial masters, the colonialism brought the name tag “Nigeria” and its resultant administration and politics. Ahead of the white colonial masters, the original residents of the space were not without laws and order. Their various unique legal systems had their own challenges like anything in life. However, for administrative convenience, the legal system of our colonial masters were introduced into Nigeria, including the Barrister and Solicitor style of practice among lawyers. This work reveals the difference between Barristers and Solicitors in Nigeria and their counterparts in United Kingdom with the aid of Nigerian case laws. 

Among the relics of the colonial interactions in Nigeria, are the obsolete laws in Nigeria imported from the United Kingdom before the Nigerian independence. Some of the imported laws were enacted since 1900 and are still yet to be amended by Nigeria’s heavily paid legislatures. Though the Barrister and Solicitor style of practice was borrowed from the United Kingdom, Nigeria has her own unique modifications to this. This will be shown via distinction made in judgments of the Supreme Court of Nigeria. Below are the words of the apex court. 

“A solicitor would prepare a case and then instruct a barrister who would stand up in court and present the case to the Judge and the jury. Barristers do not carry out interviews of clients (and in fact are prohibited from doing so by their rules of conduct) and they only come into a case once a solicitor instructs them as a specialist advocate to represent a client, much like a doctor sending a patient to a surgeon for specialist treatment. (See David Anderson inside Time issue July 2009). In Nigeria on the other hand where there is no demarcation between the functions of solicitors and barristers (advocates), it is the same person that prepares the case and appears in court for the client.” Per KUMAI BAYANG AKA’AHS ,J.S.C ( Pp. 90-91, paras. D-B ) in the case of VAB PETROLEUM INC v. MOMAH (2013) LPELR-19770(SC)

“…a legal practitioner is a person entitled according to the provision of Section 24 of Legal Practitioners Act, 1990 to practice as a barrister or as barrister and solicitor either generally or for the purpose of any particular office or proceedings.” Per CHRISTOPHER MITCHELL CHUKWUMA-ENEH ,J.S.C ( P. 18, paras. A-B ) in the case of OKAFOR & ORS v. NWEKE & ORS (2007) LPELR-2412(SC)

In conclusion, unlike in the United Kingdom, from where Nigeria borrowed her system, in Nigeria, a solicitor is also a barrister and combines the both roles without any restriction, whatsoever. Hence, a legal practitioner in Nigeria, is a Barrister and Solicitor of the Supreme Court of Nigeria upon being called to the Nigerian bar and has powers to practice in any part of Nigeria. 

My authorities are:

  1. Section 2, 4, 8 and 24 of the Legal Practitioners Act, 1975.
  2. Judgment of the Supreme Court in the case of VAB PETROLEUM INC v. MOMAH (2013) LPELR-19770(SC)
  3. Judgment of the Supreme Court in the case of OKAFOR & ORS v. NWEKE & ORS (2007) LPELR-2412(SC)

#SabiLaw

#DailyLawTips

#SabiBusinessLaw

#SabiElectionLaws

#SabiHumanRights

#SabiLawOnBeatFm

#SabiLawLectureSeries

#CriminalJusticeMonday

#SabiLawVideoChallenge

Speak with the writer, ask questions or make inquiries on this topic or any other via [email protected] or [email protected] or +2348037665878. To receive our free Daily Law Tips, follow our Facebook Page:@LearnNigerianLaws, Instagram:

@LearnNigerianLaws and Twitter: @LearnNigeriaLaw

Please share this publication for free till it gets to those that need it most. Save a Nigerian today! NOTE: Sharing, modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted.

This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

Powered by www.LearnNigerianLaws.com {A Free Law Awareness Program of Sabi Law Foundation, supported by the law firm of Bezaleel Chambers International (BCI).}

IPC Condemns Unlawful Arrest Of Journalists’ Covering Protest

Funke Busari, Lagos

The International Press Centre, IPC, has condemned the unlawful arrest of four journalists, Ifeoluwa Adediran of Premium Times, Abiodun Ayeoba of Sahara Reporters, Awoniyi Oluwatosin of Objective Media and Daniel Tanimu of Galaxy Television on Thursday while covering a peaceful protest on the fuel price increase in Yaba, Lagos State.

Spokesperson for the organisers of the protest – the Socialist Party of Nigeria – Comrade Hassan Soweto, who was equally arrested confirmed that, “The cameras and phones of the journalists were seized while they were taken to the Lagos State Police Command.”

IPC disapproves the harassment and brutalization of the journalists in the course of legitimate duty and particularly decries the seizure and damage to their working tools.

IPC demands the immediate and unconditional release of the journalists. The Police should also return their seized gadgets and pay compensation for the damaged ones.

IPC reiterates that the right to peacefully assemble and ventilate grievances over government policies is covered by the laws of the federation and should not be tampered with arbitrarily.

casefileng

Nigeria’s debt rises by N2.3trn, hits N31trn — DMO

Nigeria’s debt profile increased by N2.38trn between March and June 2020, the Debt Management Office(DMO) has revealed.

It said Nigeria’s total public debt stock as of June 30, 2020 stood at N31trn.

Nigeria’s total public debt stock includes the debt stock of the Federal Government, the 36 states, and the Federal Capital Territory.

For public debt stock as of June 30, 2020, the DMO said: “The data shows that in naira terms, the total public debt stock which comprises the debt stock of the Federal Government, the 36 state governments and the FCT stood at N31.009trn or $85.897bn.

“The corresponding figures for March 31, 2020, were N28.628trn or $79.303bn.”

The debt office explained that the increase in the debt stock by N2.381trn or $6.593bn was accounted for by the $3.36bn budget support loan from the International Monetary Fund, new domestic borrowing to finance the revised 2020 Appropriation Act.

It said this includes the issuance of the N162.557bn Sukuk, and promissory notes issued to settle claims of exporters.

The debt office added: “The DMO expects the public debt stock to grow as the balance of the new domestic borrowing is raised and expected disbursements are made by the World Bank, African Development Bank and the Islamic Development Bank which were arranged to finance the 2020 Budget.

“Recall that the 2020 Appropriation Act had to be revised in the face of the adverse and severe impact of COVID-19 on government’s revenues and increased expenditure needs on health and economic stimulus, among others.”

Just In: Fani-Kayode, Odumakin Knock Tinubu For Sitting To Greet Ooni Of Ife

Former Aviation Minister, Femi Fani-Kayode, and spokesperson for Afenifere, Yinka Odumakin have blasted the National Leader of the All Progressives Congress (APC) Bola Ahmed Tinubu for disrespecting the greet the Ooni of Ife, Oba Adeyeye Ogunwusi.

In a viral video on twitter obtained by Thepledge during the coronation ceremony of the Oniru of Iruland in Lagos State last weekend, Tinubu was seen sitting down while receiving the Ooni of Ife, who was on his feet.

This did not go down well with Fani-Kayode who accused the APC leader of being disrespectful to the throne.

Fani-Kayode via his twitter handle said: “That the Asiwaju of Bourdillon refused to stand up to greet the Ooni of Ife speaks volumes.

“This was not only deeply insulting to every and & indeed son and daughter of Odua but it is also a crying shame.

“A northern political leader refuse to stand up for his traditional ruler?”

In the same vein, Odumakin insisted that Tinubu should have stood up to greet the Ooni of Ife, Oba Adeyeye Ogunwusi.

In an interview with The Punch on Wednesday, Odumakin said although monarchs no longer hold political power, it was important for traditional institutions to be respected especially by the Yoruba people.

He recalled that former President Olusegun Obasanjo, who is many years older than the monarch, bowed down to greet him in 2016.

“We are still Yoruba people. With due respect to our royal fathers, we should not say because we are in a modern age, we should not give the proper respect that we give to our Oba.

“You saw the time former President Obasanjo prostrated before the Ooni.

“So, it is still our culture and we must sustain our culture and give the respect that is due to our monarchs.”

Communique of the Chinese Infrastructure Loan Workshop Hosted by US-Nigeria Trade Council

Expert Roundtable – Are Chinese Infrastructure Loans Putting Nigeria on the Debt Trap Express?

Overview

The Experts Roundtable – “Are Chinese infrastructure Loans putting Nigeria on the debt-trap express?” arises from the ongoing discussion regarding whether Nigeria or state governments should take Chinese infrastructure loan. The Nigerian press has been awash with concern about the terms of some loans contracted with or about to be contracted with China.

Data obtained from the Debt Management Office (DMO) shows that between 2010 and March 31, 2020, 11 loan facilities have been obtained from the China Exim Bank. The loans all have a seven-year grace period, 20 years tenor and were obtained at 2.5 per cent interest rate. Given Nigeria’s current total debt profile standing at N33 trillion, this merits an analysis by a panel of experts.

This communique includes presentations and discussions by the distinguished speakers, as well as recommendations and conclusions

Distinguished Speakers:

  1. Mr. Joseph Oyediran, MD/CEO, Berkham Capital, London, UK.
  2. Mr. Johnson Chukwu, MD/CEO, Cowry Assets Management.
  3. Prof. Mobolaji Aluko, Director General, Office of Transformation, Strategy and Delivery (OTSD), Ekiti State
  4. Convenor:  Engr. Titus Olowokere, President, U.S.-Nigeria Trade Council, USA.
  5. Moderator: Ms. Mopileola Amusu, Entrepreneurial Coach, Author and Management Consultant
  6. Other:  Dr. Olusola Womiloju, representative of TURN NIGERIA – Transforming, Uplifting and Reforming Nigeria.”
    Presentations and discussions

Mr. Joseph Oyediran

The standard practice of governments globally is to fund infrastructural projects via a Public-Private Partnership [PPP] via a competitive tender for which interested investors bid and loans are obtained to fund the project. Thus, the liability of the loan is on the private parties and government involvement is minimal.

The Chinese however, adopted a different model, particularly in advancing infrastructural loans to developing nations via its China Exim Bank. The clauses are stringent. They include the mandating of Chinese contractors to execute the project, as well as the pledging of everything that comprises the project deliverable – even sovereign resources of the nation, except its military assets.

Oyediran

This poses a real threat in the event of default as was the case with Zambia and Sri Lanka. Although not a desirable outcome for Nigeria, it is clear from the fact that, having applied major part of our earnings this year to service debts, a shortfall of revenue at end of the year looms. There is no doubt that Chinese loans are indeed a debt trap based on the caveats and conditionalities in the event of default.

The Debt Management Office [DMO] published a startling report of Nigeria’s long-standing debt. Figures as at March 31, 2020, show Total Borrowing from China to be USD3.121 billion (₦1,126.68 billion at USD/₦361), which amount represents only 3.94% of Nigeria’s Total Public Debt of USD79.303 billion (₦28,628.49 billion at USD/₦361).

In terms of aggregate external sources of funds, loans from China account for 11.28% of the External Debt Stock of USD27.67 billion at the same date. Their conclusion is worrisome:  China is not even a major source of funding for the Nigerian Government. The DMO is clearly not as overwhelmed by Nigeria’s indebtedness as the people.

Mr. Johnson Chukwu

From an asset manager’s perspective, there is no doubt that Nigeria has a huge Infrastructure deficit. Yet the actions of the FGN do not suggest willingness to solve the problem, rather to retain control over all the nation’s assets, even to the detriment of the well-being of the populace. Why else would government revoke a private sector initiative to build and operate the 2nd Niger Bridge, take over the project, and many years later, leave it uncompleted [2015 to date]?

All money spent on infrastructural development in Nigeria is borrowed. This current model of funding is not sustainable. Because government is taking on more than it can handle, bureaucracy and inefficiency is built in, and projects suffer delay, and sometimes, neglect. In addition, the kind of wastage that the private sector cannot tolerate is inevitable. Government – whether at the Federal, State or Local level – has no business funding infrastructure. We do not have the requisite resources.

Chukwu

Our nation cannot continue to fund infrastructure with loans, we cannot build from such entanglement. At $42 per barrel, FGN Crude Oil earnings have drastically declined. The Capital Importation Report shows that Nigeria earned less than $1bn in Q1 2020. Portfolio Investment which could have aided infrastructure build is in decline.

With a debt of N26.9bn in the Q1 of 2020 alone, funds being earmarked for debt servicing are and will continue to rob us of infrastructure if we do not seek alternative options for funding options such as:

  • Energy fund.
  • Nigerian Sovereign Investment Authority.
  • Stabilization fund
  •  Infrastructural Fund.

One option is to identify commercially viable infrastructure such as the Murtala Mohammed International Airport in Lagos, the Mallam Aminu Kano International Airport in Kano, the Nnamdi Azikiwe International Airport in Abuja, and the Port Harcourt International Airport in Omagwa to concession to private sector operators and earn Govt revenue. Lagos Airport should have long ago been made an international hub for West Africa.

Other viable cash cows would be the Lagos-Ibadan Expressway [Uncompleted since 2000] and even single-gauge Railway Lines along high traffic trade routes, nationwide. A Complete and Transfer or Complete and Own incentive can be mandated to stimulate PPP.

Prof. Mobolaji Aluko

The world of diplomacy is all about mutual benefits. Where this is threatened, it creates unsavoury political, social, and economic climate. With this understanding, those outside governance may be more forgiving of the current managers of the Nigerian Economy. It is not certain that they would be as effective if given the opportunity to serve. Nonetheless, a country should act like a responsible individual – no one borrows money to pay back a loan or even service interest on the principal.

Aluko

A comparative diplomatic analysis revealed that:

  • In post-colonial diplomacy, for a long time, the UK was a major financier of Nigerian infrastructure. This was followed by a Commonwealth diplomacy, post-independence.
  • Economic Diplomacy resulted when the discovery of Oil caused Nigeria to be courted by several countries
  • Another type is Gun Boat Diplomacy.
    The African Growth and Opportunity Act [AGOA] of 2000 which was re-enacted in 2015 is another form of economic diplomacy in which Nigeria is integral.
  • China has a Charm Offensive Strategy in Africa which uses governmental influence to infiltrate Nigeria and the continent. This new charm is the massive amount of infrastructural loans and concessionary conditions which unfortunately, are not sustainable.

Nigeria owes many more agencies than the Chinese. France, Japan, Germany, and India are other creditor nations. The so-called amiable terms of Chinese loans, such as long-term moratorium and low interest rates are fairly standard globally. Despite its attraction, what makes them a debt trap are the stringent conditionalities should Nigeria fall into default.

There are ways to make good the threat without physical appropriation of projects built with the borrowed funds. This is cause for concern because it threatens the very sovereignty of our nation.

Nigeria is certainly in a debt trap, but it is not caused by China. Whereas the FGN chose to fall into this trap, States should show discipline and not follow suit. The DMO should do a spreadsheet analysis of all loans and devise effective plans for responsible repayment.

How to avoid a debt trap? We must fortify ourselves by making the projects to which the loans were applied productive – revenue generating. Roads must be tolled, and internal models of success proven to work must be replicated in a holistic manner.

Engr. Titus Olowokere, President, U.S.-Nigeria Trade Council, USA – Convenor
  • Recommendations and conclusion
  1. Clearly Nigeria’s significantly low credit rating reduces our negotiation capabilities. It is therefore suggested that we stop borrowing, service existing debts responsibly, and set up and manage project-specific funds.
  • To attract private sector investment in infrastructure development, a fiscal and legal framework need be established which continuity is assured and performance indemnified from political upheaval or any other circumstances, in particular, that there be no threat of revocation with change of leadership. Bidding should be a global affair.
  • Government at all levels should push propositions for the private sector to provide capital funding of infrastructure.
  • We recommend that Nigeria should stop taking new loans as we can’t afford it any longer, due to our national debt, most especially, foreign loans, which has more than tripled over the past four years from US$7.5 billion to over US$25 billion. Debt Service Cost to Revenue Ratio (DSCR) is almost 70% already; only 30% of FGN revenue is available for capital expenditures and recurrent expenditures due to revenue constraints. At the rate Nigeria is booking new loans, financial crisis may be imminent unless FGN retires at least US$10 billion within its debt portfolio, to reduce annual debt service costs.
  • We strongly submit that debt servicing & ratio as percentage of GDP may not be sustainable in the long run even though debt financing may be imperative for economic growth & development. The idea of PPP is an excellent mechanism to ensure effective & efficient utilization of resources in the power sector.  it is more important to look at debt ratio in terms of revenue earning of the Country.
  • Although loans are integral part of the financial trajectory and fiscal equation of any country, with the USA being one of those countries, with national debt at $22billion, additional loans for Nigeria will be stifling, and in fact a death grip. Our national debt must be reduced through debt retirement and debt restructuring, while our recurrent expenditures, must be reduced through budget reviews, cost cutting (cost reduction) programs and restructuring of the budget of many ministries, departments and agencies, to enable FGN save billions of Naira, in annual recurrent expenditures. .
  • While debt is sometimes inevitable, when used wisely, to execute investment projects, that will generate substantial economic and social impact for the nation, the structure of the debt and its execution strategy, must be implemented wisely, to avoid financial crisis for Nigeria.
  • We urge the Federal Government, to seek PPP projects instead of taking on costly loans. In Nigeria, we need INVESTMENT, not loans. We need more Public Private Partnerships (PPP), where investors are involved with project planning, project financing and project implementation. PPP implementations, by the private sector, will reduce the likelihood of fraud and funds embezzlement, when investors have major equity stakes, in the PPP projects.

Report prepared by Mr. Regis Uzoma and Ms. Mopileola Amusu.

Ms Mopileola Amusu
1...1,2941,2951,296...1,426Page 1,295 of 1,426

TIPS

Load more