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Lagos Division of the Court of Appeal rules that ex parte disclosure orders are constitutional

Lagos Division of the Court of Appeal rules that ex parte disclosure orders are constitutional The Lagos Division of the Court of Appeal recently confirmed the constitutionality and validity of the Lagos High Court’s granting of a proprietary injunction along with orders directing the defendants to swear to and file affidavits stating the location, nature and value of all assets that represented or were derived from the proceeds or fruits of certain transactions. Such orders, granted on an ex parte basis, have been commonplace in many common law jurisdictions for nearly 50 years and are a valuable tool for claimants seeking to recover losses suffered as a result of the fraudulent conduct of defendants. Since 1992, such ex parte freezing injunctions have been recognised as constitutional in Nigeria. For what is believed to be the first time, disclosure orders, ancillary to freezing orders, have been considered by the Lagos Division of the Court of Appeal. The appeal, which contended that the making of such orders was a violation of the Constitution (which guarantees the right to a fair hearing and privacy), was dismissed and the court affirmed the constitutional validity of such orders. The defendants contended that the granting, on an ex parte basis, of a proprietary injunction and freezing orders, along with a disclosure order, violated their constitutional rights to a fair hearing and privacy. The defendants’ complaints seem to have centred on the ancillary order directing that they make detailed disclosures of their assets, without having been given an opportunity to be heard before the orders were made. Continue at https://www.internationallawoffice.com/Newsletters/White-Collar-Crime/Nigeria/Sofunde-Osakwe-Ogundipe-Belgore/Lagos-Division-of-the-Court-of-Appeal-rules-that-ex-parte-disclosure-orders-are-constitutional?utm_source=ILO+Newsletter&utm_medium=email&utm_content=Newsletter+2020-12-14&utm_campaign=White+Collar+Crime+Newsletter

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Babajide Ogundipe named as Global Thought Leader

Babajide Ogundipe named as Global Thought Leader Our very own Babajide Ogundipe has been recognised once more as a Global leader by Who’s Who Legal. This year he was recognised as a thought leader in Asset Recovery, Investigations and Litigation. In addition he was recognised as a Global Leader in Asset Recovery and Investigations. Finally he was recognised as a National Leader in Arbitration and Litigation read more about it at https://whoswholegal.com/babajide-o-ogundipe

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NBA must fight for public cause, say Falana, Belgore, Odinkalu

NBA must fight for public cause, say Falana, Belgore, Odinkalu Top human rights activists and senior lawyers have called on the Nigerian Bar Association (NBA) to renew its interest in taking up cases that deepen people’s access to justice and protection of their socioeconomic economic rights as spelt out in the Nigerian constitution and other statutes. The lawyers spoke at a webinar conference organised by the Lagos State Chapter of the NBA with the theme “COVID-19, Access to Justice and Human Rights Violations”. Speaking on the topic, leading human rights activist Femi Falana (SAN) urged the NBA to return to its old tradition of taking up litigation on matters of public interest, recalling how he and others had used the Freedom of Information Act, among other states, to challenge governments’ positions on issues of public interest. Falana lamented that the NBA was gradually losing its role as the frontline defender of the legal rights of the masses, urging the body to urgently restore the optimism with which it fought against social injustice in the past. Muhammad Dele Belgore (SAN), another panellist at the webinar, urged the NBA to place much premium on protecting and enforcing “economic and social rights of the people as that is a way of bringing about societal change”. Continue reading here: https://thenationonlineng.net/nba-must-fight-for-public-cause-say-falana-belgore-odinkalu/

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Possible fallout from Obinwanne Okeke’s guilty plea to US charges

Possible fallout from Obinwanne Okeke’s guilty plea to US charges On 18 June 2020 the US Attorney’s Office for the Eastern District of Virginia announced that Nigerian entrepreneur Obinwanne Okeke, who operated a group of companies known as the ‘Invictus Group’, has pleaded guilty to a computer-based intrusion fraud scheme that resulted in $11 million in losses for his victims. Okeke, a self-proclaimed young billionaire, was arrested in August 2019 and has been in custody since then, initially pleading not guilty to the charges against him. At the time of his arrest, it was reported that Unatrac Limited, a subsidiary of heavy equipment company Caterpillar, was among the companies targeted by Okeke and his co-conspirators in a business email compromise scheme. More than $11 million was said to have been traced to the ring, and it has been claimed that Okeke used proceeds from these activities to establish legitimate business enterprises in Nigeria… Read more at https://www.internationallawoffice.com/Newsletters/White-Collar-Crime/Nigeria/Sofunde-Osakwe-Ogundipe-Belgore/Possible-fallout-from-Obinwanne-Okekes-guilty-plea-to-US-charges

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Belgore: “The written law does not mention the word ‘revolution'”

Belgore: “The written law does not mention the word ‘revolution’” Our managing partner, Muhammad Dele Belgore, was recently interviewed by TVC News regarding his views on recent actions taken by the Nigerian Government against the Revolution Now protests, Sowore’s arrest and more. https://youtu.be/Ic51hKPJBnI

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The 13th Annual Business Law Conference

The 13th Annual Business Law Conference The Nigerian Bar Association Section on Business Law (NBA-SBL) is one of the specialist sections of the NBA set up to engender the professional development of Nigerian commercial lawyers and it hosted its 13th annual Business Law Conference at the Eko Hotel and Suites Conventional centre from the 26th to the 28th of June 2019. With several international and local experts examining and analysing the challenges facing the Nigeria economy, this year’s theme focused on “Growth, Investment and Employment: Beyond Rhetoric” The conference commenced with a dinner held on the 26th of June 2019 which was attended by a few of Nigerians most distinguished in the names of Ho. Justice Bode Rhodes-Vivour, Hon. Justice Ibrahim Tanko Muhammed, CFR, CJN, Hon. Femi Gbajabiamila and His Excellency Babajide Olushola Sanwo-Olu. Between the 27th and 28th of June 2019, the conference comprised of fourteen different sessions (six Plenary sessions and Eight breakout sessions) in which experts discussed many issues related to the Nigerian economy. The topics discussed included: a ‘Triage on the Nigerian Economy’, ‘Health, Security and Education-Building a Foundation for Inclusive Growth’, ‘Moving from Crude Export to Value Addition’, ‘Leading the Charge-The Private Sector and the Nigerian Economy’, ‘Smarter Regulation Making Mining Work in Nigeria’, ‘Improving Financial Services as a Catalyst for Growing Micro, Small and Medium Scale Enterprises (MSMEs)’, ‘#MeToo- Sexual Harassment in the Workplace’, and ‘The New Era of Taxation in Nigeria’. These are some of the highlighted issues discussed in the some of the plenary and breakout sessions on the challenges faced in the Nigerian economy: 1.    The high rate of youth employment versus the astronomical yearly population growth. 2.    The lack of a mandatory universal healthcare system/program, and severe underfunding in various states making efforts to provide basic primary health coverage. 3.    The grossly insufficient investment in the agriculture value chain, to transform yield in livestock and dairy products, food crops, and funding value addition including storage, transportation, packaging and export of agriculture and allied products. 4.    An insufficient dispute resolution and judicial system, which includes commercial disputes taking grossly inordinate duration at the trial courts, unmeritorious appeals and other various other inefficiencies. 5.    Insecurity and insurgencies fuelled by socio-economic issues, such as unemployment and underemployment, low education proficiency, lack of healthcare, inadequate housing and extreme discontent caused primarily by the foregoing factors. 6.    Lack of clarity of tax laws, rules and regulations and inconsistent applications of same. 7.    Sexual harassment in the workplace. The need to create an environment conducive to protecting victims and importantly providing swift recourse to enforcing rights and disciplining offenders In view of all these issues highlighted, the panellist/experts outlined a number of recommendations which was aimed at examining the factors, steps and actions required to ensuring and increasing economic growth, rates of investment and employment. These include: 1.    The liberalisation of the oil sector in a way that government will allow more flexibility in terms of pricing so as to encourage investments in the sector 2.    The need to diversify from oil. It was suggested that the Nigerian economy relies heavily on the produce and profits of oil and as a result of this neglects other sources of investments that may prove fruitful in the economy. In agriculture for example, they further suggested that investments should be made in five critical stages of the agricultural value chain, that is, production, transportation, storage, processing and export. 3.    Government should remove VAT from locally produced LPG and instead impose tariffs on imported LPG in order to encourage local production, availability and domestic utilisation of gas 4.     There should be an urgent need for rapid human capital development and investment across health, education, agriculture, security and other sectors to tackle unemployment while keeping population growth in check through family planning and controlled immigration. 5.    The importance of policy driven healthcare programs. It was suggested that the federal laws governing health insurance should move from ‘may’ to ‘shall’ in order to make healthcare not optional for employers. 6.     Financial inclusion for the youth should be prioritised to provide them access loans and other entrepreneurship benefits. 7.    Business should establish clear policies prohibiting sexual harassment in their respective organisations including severe sanctions for those who violate the policy. 8.    Nigerians in general should develop a high sense of patriotism, optimism and sell the Nigerian brand. The NBA-SBL committed to doing the following: 1.    Develop a policy against sexual harassment for consideration and adoption by law firms. 2.    Push for a smarter regulation and in doing so engage all levels of governments as well as other relevant stakeholders.

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Congratulations to the newly named Senior Advocates of Nigeria

Congratulations to the newly named Senior Advocates of Nigeria The Legal Practitioners’ Privilege Committee announced on Friday 4th @July, 38 new Senior Advocates of Nigeria. Congratulations to all of them but we single out 2 of them for special mention – Olumide Andrew Aju Esq and Godwin Osemeahon Omoaka, Esq. Olumide and Godwin are alumnae of this firm and we continue to remain proud of their achievements. With their conferment, the firm has now produced 7 Senior Advocates of Nigeria starting with Ebun Olusegun Sofunde, Esq, in 1988. Very few firms in Nigeria can boast of this. The full list is as follows: 1. Ebun Olusegun Sofunde  – 1988 2. Muhammad Dele Belgore – 2001 3. Babatunde Raji Fashola   – 2004 4. Osaro Eghobamien      – 2008 5. Etigwe Uwa            – 2010 6. Olumide Andrew Aju     – 2019

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Lateef Omoyemi Akangbe Emerges As The Chairman of NBA Lagos Branch

Lateef Omoyemi Akangbe Emerges As The Chairman of NBA Lagos Branch On the 28th June 2019, our partner, Lateef Omoyemi Akangbe emerged as the winner of the NBA Chairmanship election. We are proud of the work Mr. Akangbe put into this campaign and grateful to our colleagues in Lagos who commended that hard work by supporting him with their votes. We wish Mr. Yemi Akangbe a smooth administration as he takes the NBA Lagos Branch to a higher level.

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Lateef Omoyemi Akangbe – NBA Lagos Branch Election 2019

Lateef Omoyemi Akangbe – NBA Lagos Branch Election 2019 Our partner, Lateef Omoyemi Akangbe outlined his intentions for the NBA Lagos Branch in the delivery of his manifesto, during the “Chairmanship Debate” at the foyer of the Lagos State High Court on the 26th of June 2019. The debate was heat filled, Mr. Akangbe exuded confidence and intelligence in answering all questions put to him. Most notable was Mr. Akangbe’s 8 point agender to revamp the Lagos branch of the NBA. It is evident that his manifesto is not only targeted towards winning votes but revolutionising the Lagos branch of the NBA, or as he phrased it “making human capital development and member welfare the corner stone of the NBA Lagos Branch”. Sofunde Osakwe Ogundipe & Belgore Legal Practitioners. 

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