<?xml version='1.0' encoding='UTF-8'?><?xml-stylesheet href="http://www.blogger.com/styles/atom.css" type="text/css"?><feed xmlns='http://www.w3.org/2005/Atom' xmlns:openSearch='http://a9.com/-/spec/opensearchrss/1.0/' xmlns:georss='http://www.georss.org/georss' xmlns:gd='http://schemas.google.com/g/2005' xmlns:thr='http://purl.org/syndication/thread/1.0'><id>tag:blogger.com,1999:blog-6045929998861453253</id><updated>2012-02-15T22:36:20.029-08:00</updated><category term='Registering a Company in Nigeria'/><category term='Nigerian News'/><category term='Nigerian Independence'/><category term='Nigerian Newspaper'/><category term='Contractual Relationships in Nigeria. Protecting your Business and Company in Nigeria'/><category term='Legal Issues to consider when Starting up a Company in Nigeria.'/><category term='Lawlessness in Nigeria'/><category term='Nigeria at 50'/><category term='Legal Issues in Nigeria'/><category term='Way Forward Nigeria'/><category term='Registering a Business Name in Nigeria'/><title type='text'>Law and Other Matters Arising in Nigeria</title><subtitle type='html'>Legal Thoughts, Insights, Advice and the Legal Profession In Nigeria with Layi Babatunde (SAN).</subtitle><link rel='http://schemas.google.com/g/2005#feed' type='application/atom+xml' href='http://layibabatunde-san.blogspot.com/feeds/posts/default'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/6045929998861453253/posts/default?max-results=100'/><link rel='alternate' type='text/html' href='http://layibabatunde-san.blogspot.com/'/><link rel='hub' href='http://pubsubhubbub.appspot.com/'/><author><name>'Layi Babatunde LL.B, B.L, SAN, FCTI, MNIM</name><uri>http://www.blogger.com/profile/08155953811836435671</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='23' height='32' src='http://3.bp.blogspot.com/_q3RCOyrH21M/TNPalWIItqI/AAAAAAAAAEk/A_a75cLfy9I/S220/Picture+014.JPG'/></author><generator version='7.00' uri='http://www.blogger.com'>Blogger</generator><openSearch:totalResults>7</openSearch:totalResults><openSearch:startIndex>1</openSearch:startIndex><openSearch:itemsPerPage>100</openSearch:itemsPerPage><entry><id>tag:blogger.com,1999:blog-6045929998861453253.post-3646046800516896442</id><published>2010-10-04T02:15:00.000-07:00</published><updated>2010-10-04T02:49:08.058-07:00</updated><category scheme='http://www.blogger.com/atom/ns#' term='Way Forward Nigeria'/><category scheme='http://www.blogger.com/atom/ns#' term='Nigeria at 50'/><category scheme='http://www.blogger.com/atom/ns#' term='Nigerian Independence'/><title type='text'>Thoughts on Nigeria at 50.</title><content type='html'>The following, is an Interview conducted by the Nigerian Guardian Newspaper, with Layi Babatunde, SAN.&lt;br /&gt;&lt;br /&gt;1) All over the world, lawyers have always used their knowledge to emancipate their people. How would you rate Nigerian lawyers compared to Nelson Mandela, Fidel Castro, Mahahtma Ghandi, etc?&lt;br /&gt;&lt;br /&gt;Nigerian Lawyers have done fairly well, (either as individuals or collectively under the banner of Nigerian Bar Association in the struggle to emancipate our people from the shackles of slavery and internal subjugation. The period of Military administration and pre-independence struggles were particularly challenging and many, short of carrying arms, have followed the good example of late Sapara Williams, the first Nigerian Lawyer, who is reputed to have said that the Lawyer lives for the cause of the people. Our task is to remember, that the challenges are far from being over and we cannot afford to be complacent, nor be carried away by search for personal survival and comfort. As a body we must continue to speak out against anti-people Government policies and pursue vigorously the struggle against the presence of rogues in Government at all levels. For the sake of our Country and the future of our Children, we must make it clear, that corruption is not an acceptable way of life and that Government must be accountable. There should be no compromise on these and other vices that have held us down these fifty years.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;2) As a publisher of the Supreme Court Report of Nigeria, what are the challenges of publishing in an environment like Nigeria?&lt;br /&gt;&lt;br /&gt;The challenges facing the publishing industry in Nigeria, is not peculiar to the industry in a number of ways. The problems of lack of infrastructure, particularly power, inadequate finance, lack of skilled man power, corruption and the like, further compounded by multiple taxation regime. These gives the impression that the Government is neither caring for business by creating enabling environment nor interested in creating employment, with attendant consequences, one of which not in the least, is 'DO OR DIE POLITICS' alias POWER BY ALL MEANS POSSIBLE!. And manifest insecurity of lives and property. We thank God however that inspite of the odds the Judgments of the Supreme Court of Nigeria(SC REPORT)which we have the privilege to publish has survived but certainly can and will grow bigger, so that we can better add value to legal practice and Justice delivery in Nigeria.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;3) In another couple of months, Nigeria will be conducting another elections. What in your opinion are the chances that the people will get it right this time, do you have any fears concerning the elections?&lt;br /&gt;&lt;br /&gt;My fear is that we have concentrated our energy and focus essentially on two things i.e. providing Finance and reconstituting INEC. These are not bad in themselves, but we will be deceiving ourselves to go to bed thinking that dealing with those issues alone will guarantee free and fair elections in themselves. I am afraid, we may need a rethink. The players, the voters nay the people and our attitude to the election is key. If the candidates continue to stand for nothing beyond grapping power at all costs and then thinking of what to do or what can be rightly done with it later and the people continue to accept bribe before voting rather than a consideration of  the Manifesto and capability of the candidates, or the elections are turned into a show of strength between the North and South or a clash of religions then there is cause for worry. It is unfortunate that we continue to pay lip service to addressing the monumental National set back election wise, the annulment of the 1993 general elections meant on the psyche of the average Nigerian voter. I believe we need to do more on voter education if votes must count and we should not leave this to INEC alone, if we are sincere about free and fair elections. The role of the various security agencies is key and must be clearly defined. The aspirants must stop the  rather enhanced campaign based on ethnic and Religious sentiments and instead concentrate on those issues that unite us,if addressed ,such as  Security of Lives and Properties, Power, Housing, Health, Education etc. These are needs peculiar to all of us and not gender, tribe or religion based save in some cases modalities. The Political leaders have a duty to make sacrifice and show the way to peace and development of our Country. It is time for them to give back to our beloved country that has done so much for them. They should think of our youth whose future hangs in the balance. It is time to stop being poachers stealing from ourselves. I believe it is not too late if we change our ways.&lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://3.bp.blogspot.com/_q3RCOyrH21M/TKmhA6W0MHI/AAAAAAAAAEU/HlEBK5czFyo/s1600/Nigeria+1.bmp"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 166px; height: 200px;" src="http://3.bp.blogspot.com/_q3RCOyrH21M/TKmhA6W0MHI/AAAAAAAAAEU/HlEBK5czFyo/s200/Nigeria+1.bmp" border="0" alt=""id="BLOGGER_PHOTO_ID_5524123454983647346" /&gt;&lt;/a&gt;&lt;br /&gt; &lt;br /&gt;4) As one of the lawyers in Nigeria that has impacted on his profession and the people, what are your thoughts on Nigeria at 50?&lt;br /&gt;&lt;br /&gt;A feeling of grave disappointment though laced with hope and optimism. Disappointment about what has been achieved, measured against available resources. Disappointed that a number of individuals who have held sensitive and important public offices appear to have done well for themselves than our Country. A feeling of going round in circles and the elevation of unimaginable deceit and corruption to statecraft. A country of almost anything goes and the just are unjustly punished. Disappointed that we have failed to take care of the aged nor give our youth hope, while the Middle class is fading away. Sad because we have managed to gravitate into a mono economy completely dependent on oil, a resource we are neither able to explore ourselves nor able to keep adequate record of what those who 'help' us explore take away. A feeling of being let down by those who should know better. An otherwise hardworking and proud people turned into tenants at foreign embassies and scorn in foreign lands. A National Passport whose colour signifies a rich and fertile land but is dependent on food imports to feeds its population. A country at the risk of losing the control of her destiny and independence of action. A Country that should have been on its way to Nationhood still divided by tribe and Religion inspite of a painful and costly Civil war. A Country where too many of its 'big men' are Agents and rent collectors instead of being Investors or Industrialists. A Country where Inventions and Prototypes remain on the shelves until picked and patented by outsiders who have better need of them. A Country where our peoples' vast arable land is worth nothing for want of enabling land and financial regime. A Country trying to improve on her image in the International Community not by doing the right things but by branding 'incompetence' by other names. However I remain hopeful inspite of the challenges  and grateful to God that our people and size remain an advantage which obviously we are not willing to trade away easily, which is good. Optimistic because inspite of our frustrations, we are configured to be overcomers and overcome, we shall if we do not relent.&lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://1.bp.blogspot.com/_q3RCOyrH21M/TKmhv2VqkLI/AAAAAAAAAEc/CPhD__WBNY4/s1600/Nigeria+2.jpg"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 200px; height: 200px;" src="http://1.bp.blogspot.com/_q3RCOyrH21M/TKmhv2VqkLI/AAAAAAAAAEc/CPhD__WBNY4/s200/Nigeria+2.jpg" border="0" alt=""id="BLOGGER_PHOTO_ID_5524124261358932146" /&gt;&lt;/a&gt;&lt;br /&gt;&lt;br /&gt;5) How would you want Nigeria to be in the immediate future?&lt;br /&gt;&lt;br /&gt;A truly independent Country able to meet the basic needs of her people, where  genuine Rule of Law holds sway ,corruption is reduced to the minimum, and respected in the committee of Nations. A Country of Citizens proud of their Country and able to hold their head high anywhere in the world. A country united and prosperous under God. A Country where our leaders are deserving of our respect. Where those who serve honestly will get their just reward. A Country where we as Citizens, will accept it as a bounden duty to serve our fatherland and by our conduct promote its image and integrity.&lt;br /&gt;&lt;br /&gt;6)Are you encouraging your children to take into legal profession, if so, why?&lt;br /&gt;&lt;br /&gt;It's entirely up to them, but I hope they will see something worthwhile in our pursuit (my wife is also a Lawyer) to interest them enough to want to follow that path. Fortunately one of them is on that course already.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/6045929998861453253-3646046800516896442?l=layibabatunde-san.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://layibabatunde-san.blogspot.com/feeds/3646046800516896442/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://layibabatunde-san.blogspot.com/2010/10/thoughts-on-nigeria-at-50.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/6045929998861453253/posts/default/3646046800516896442'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/6045929998861453253/posts/default/3646046800516896442'/><link rel='alternate' type='text/html' href='http://layibabatunde-san.blogspot.com/2010/10/thoughts-on-nigeria-at-50.html' title='Thoughts on Nigeria at 50.'/><author><name>'Layi Babatunde LL.B, B.L, SAN, FCTI, MNIM</name><uri>http://www.blogger.com/profile/08155953811836435671</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='23' height='32' src='http://3.bp.blogspot.com/_q3RCOyrH21M/TNPalWIItqI/AAAAAAAAAEk/A_a75cLfy9I/S220/Picture+014.JPG'/></author><media:thumbnail xmlns:media='http://search.yahoo.com/mrss/' url='http://3.bp.blogspot.com/_q3RCOyrH21M/TKmhA6W0MHI/AAAAAAAAAEU/HlEBK5czFyo/s72-c/Nigeria+1.bmp' height='72' width='72'/><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-6045929998861453253.post-4282595422856932901</id><published>2010-06-15T10:02:00.001-07:00</published><updated>2010-06-23T08:16:33.586-07:00</updated><title type='text'>"THE FIRST THING WE DO, LET'S KILL ALL THE LAWYERS." – A Tribute to Lawyers</title><content type='html'>The great Trial Lawyer Daniel Webster said:  "Justice is the greatest concern of man on earth."  There is no greater professional calling than to stand as a lawyer at the bar of justice and breathe life into the Constitution and Common Law by defining, asserting and defending the rights of citizens. Lawyers play many vital roles on the world's stage but none more important than preserving, protecting and perpetuating the rights of citizens, both individual and business. Since lawyers play such a vital role in our democracy, why has lawyer-bashing increased exponentially in recent years and how should we respond to it? &lt;br /&gt;&lt;br /&gt;One of the many enigmas to arise out of the corporate dominated decade of the eighties is the advent of lawyer bashing.  The adversaries of our proud and noble profession continue to misquote the law, distort case results and unjustly attack judges in a mass media onslaught designed to silence the victim's voice - the Legal Practitioners of Nigeria.&lt;br /&gt;&lt;br /&gt;Ironically, the rallying cry of the lawyer bashers has become Shakespeare's quote from Henry VI:   "THE FIRST THING WE DO, LET'S KILL ALL THE LAWYERS." &lt;br /&gt;Those who use this phrase pejoratively against lawyers are as miserably misguided about their Shakespeare as they are about the judicial system which they disdain so freely.&lt;br /&gt;&lt;br /&gt;Even a cursory reading of the context in which the lawyer killing statement is made in King Henry VI, Part II, (Act IV), Scene 2, reveals that Shakespeare was paying great and deserved homage to our venerable profession as the front line defenders of democracy.&lt;br /&gt;&lt;br /&gt;The accolade is spoken by Dick the Butcher, a follower of anarchist Jack Cade, whom Shakespeare depicts as "the head of an army of rabble and a demagogue pandering to the ignorant," who sought to overthrow the Government.  Shakespeare's acknowledgment that the first thing any potential tyrant must do to eliminate freedom is to "kill all the lawyers" is, indeed, a classic and well-deserved compliment to our distinguished profession.&lt;br /&gt;&lt;br /&gt;Today's Jack Cades can readily be found throughout the different arms of the Society.  They want to dismantle the Tort System.  They want to disrupt the Judiciary and abrogate the Common Law, to the detriment of the rights of individual citizens, consumers, and injured persons who deserve competent representation and adequate redress for harm done to them.&lt;br /&gt;&lt;br /&gt;Over the centuries tyrants and demagogues have come in many forms.  In today's context, it is not the "army of rabble and a demagogue pandering to the ignorant" who cry for the demise of the Lawyers, but rather modern demagogues who manipulate our Governmental Institutions to their own ends.  Why?  Because Lawyers are the first line of defense to prevent irresponsible elements within the different arms of the Society from dismantling the tort system, disrupting the Judiciary and abrogating the Common Law to the detriment of the rights of individual citizens, consumers and tort victims.&lt;br /&gt;&lt;br /&gt;The adversarial nature of the Judicial System of which we are an integral part, dictates that we will never be loved by the public, due to the high level of misunderstanding of the advocacy system. Our protection of individual rights often postures us as the foe of government and business with resulting enmity against us from those quarters.  If enduring lawyer bashing is the price we pay for protecting individual freedoms, then so be it. It is a small price to pay as long as we do not allow the degrading of lawyers to interfere with the performance of our professional obligations by poisoning professional pride or reducing the zeal with which we represent our clients. &lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://images6.cafepress.com/product/190315346v3_480x480_Front.jpg"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 480px; height: 480px;" src="http://images6.cafepress.com/product/190315346v3_480x480_Front.jpg" border="0" alt="" /&gt;&lt;/a&gt;&lt;br /&gt; &lt;br /&gt;One major danger of lawyer-bashing to our profession is the effect which it can have on us, individually and collectively, as lawyers and as a profession.  If we lose our professional self-respect, Nigeria loses far more because our effectiveness in the democratic process will be damaged.&lt;br /&gt;&lt;br /&gt;The seminal point in maintaining our self respect when confronting lawyer bashing is for those of us in the profession to review our historical precedence in order to understand the role which our legal ancestors, like Late Obafemi Awolowo,  Nnamdi Azikiwe and Gani Fawehinmi, played in establishing and defending Nigeria's Democratic Institutions.  Through this historical perspective we can better understand our position as the primary defenders of democracy.  &lt;br /&gt;&lt;br /&gt;As lawyers, we are the beneficiaries of a rich and unparalleled heritage from the past, both locally, and internationally, the bearers of a huge mantle of responsibility in the present and the preservers and protectors of the individual rights of Nigerian citizens for the future.  Reduction of that effectiveness is a major goal of our detractors since the power of the people has always been tied inextricably to the influence of Lawyers.  As Alexis de Tocqueville stated in Democracy in America in 1835: "I cannot believe that a republic could subsist at the present time if the influence of lawyers in public business did not increase in proportion to the power of the people".&lt;br /&gt;&lt;br /&gt;We are currently engaged in a major power struggle over whether power in Nigeria should remain with the people, through the exercise of individual freedoms, or whether power will continue the shift to government, corporations and the judiciary and away from the people. Therefore, if power is to be transferred from the people to Governments and Corporations, it is necessary to reduce the powers of lawyers.  As part of this power struggle we confront an exponential growth in a well orchestrated regimen of lawyer-bashing which is designed to silence our voices and reduce our ability to stand between the abuse of Governmental Power and the individual, the abuse of Corporate Power and the individual and the abuse of Judicial Power and the individual.  The effects of this well designed and carefully implemented campaign of lawyer-bashing resound in the Legislative Halls, the Courts and the voting booth.  While we are fighting this battle daily in the Legislative Halls and our Public Relations efforts are directed toward those who sit in the Courts and occupy the voting booth, we must not allow the lawyer-bashing to reduce our own self esteem, either as individual Lawyers or as a Profession.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://i.ehow.com/images/a05/59/32/become-practicing-lawyer-200X200.jpg"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 200px; height: 200px;" src="http://i.ehow.com/images/a05/59/32/become-practicing-lawyer-200X200.jpg" border="0" alt="" /&gt;&lt;/a&gt;&lt;br /&gt;&lt;br /&gt;The idea of silencing lawyers in order to destroy individual freedom has been around for centuries.  But it has been raised to a new art form by Corporations without consciences.  Heedlessly they compound their wrongs against consumers and workers with assaults on lawyers and crass distortions aimed at the mass media.  Trial lawyers are the first--and perhaps only--defense against such perfidy and history tells us we will prevail.&lt;br /&gt;&lt;br /&gt;In seventeenth century England, Oliver Cromwell, in an effort to thwart individual freedoms, decreed that no more than three barristers could congregate outside of court.  He recognized that the greatest threat to his own tyrannical dictates was the collective commitment of the London Society of Barristers to the principles of freedom expressed in the Magna Carta.&lt;br /&gt;&lt;br /&gt;In eighteenth century France, the Revolution altered the political face of the world by moving the focus of Government from the Rights of Royalty, tyrants, and dictators to the rights of individuals.  Three major Political Principles emerged--liberty, equality, and fraternity.  From these evolved the Social and Political systems we know today as Democracy, Socialism, and Communism.  Only one of these, Democracy, granted the individual freedoms now under attack in Nigeria.  Paradoxically, the assault on individual rights in the United States is recurring at the same time that a tidal wave of individual democratic freedom is sweeping through Eastern Europe.  The ascendancy of Democratic Institutions abroad enjoins us to guard our own individual freedoms more closely against assault from within.&lt;br /&gt;&lt;br /&gt;In twentieth century Europe, Adolf Hitler, the quintessential despot, asserted: “I shall not rest until every German sees that it is a shameful thing to be a lawyer." In the entire history of this planet, individual rights were never more threatened.  Hitler's mantle of destroying lawyers as a predicate to destroying rights of individuals is carried forward today by a carefully calculated campaign of lawyer-bashing.  Hence, the concept of silencing lawyers by those who seek to subjugate freedom of individuals has been attempted for centuries. After each tyrannical attack, our legal ancestors have emerged like the Phoenix from the ashes, to redefine individual rights and freedoms.  We too must prevail, because we are right, our cause is just and the perpetuation of freedom is inextricably interwoven with our continued protection of individual rights. &lt;br /&gt;&lt;br /&gt;If tort deformers prevail, Nigerian citizens will suffer the ultimate irony, that at the same time the world is attempting to emulate America and its democratic institutions, Nigerian citizens, in the name of international business competitiveness and insurance profits, will lose those same institutions which make America the exemplar of freedom for the world.  This must not be allowed to occur and occur it shall not as long as the legal profession stands guard at the gates of democracy, accompanied by judges and legislators who respect the cornerstone of Nigerian Democracy: the rights of individual citizens.&lt;br /&gt;&lt;br /&gt;But, lest our adversaries underestimate us, and we forget our own heritage, we must all recall that before there were big Corporations, Lawyers were defining the rights of free citizens under the Magna Carta. Therefore, as we carry forward the mantle of responsibility for protecting those hard-won rights, we must not shirk from the media and legislative attacks on our noble profession. Just as elements of modern corporate Nigeria perpetuate the principles of its forefathers, so must we follow our legal ancestors, Obafemi Awolowo, Nnamdi Azikiwe and Gani Fawehinmi in preserving the freedoms which lawyers have defined and have defended for centuries.&lt;br /&gt;&lt;br /&gt;Both as professionals and as individual attorneys, we must never lose sight of the respect which we deserve for the role we play in society, a role which extends far beyond the courtroom.  We must bring our individual and collective talents to bear to defend freedom with pro bono work for the disadvantaged, consumer protection advocacy for those not yet killed or maimed by defective products, protection of the civil liberties of every individual whose rights are threatened, and Legislative Advocacy, both offensive and defensive in State and Federal Legislative Halls.&lt;br /&gt;&lt;br /&gt;While big Corporations and other powerful interests aim to discredit lawyers, only Nigeria's Legislators can effectively silence them.  Before legislators silence Nigeria's voices of freedom, intellectual integrity dictates that they examine the cultures that have no independent lawyers and determine how these lawyer-less societies have fared. &lt;br /&gt;&lt;br /&gt;Since the past is prologue, every trial lawyer should examine the antecedents of our great profession in order to better understand our role in society today and our obligations to the citizens of tomorrow. &lt;br /&gt;&lt;br /&gt;When we think of those who preceded us in this noble profession, we become imbued with the spirit, the virtues and the values which we are called upon to preserve, protect and perpetuate.  A review of our antecedents, whether gestalt or collage, establishes that greatness was the hallmark of our legal ancestors, and the mantle which they passed is worthy of nothing less than our best efforts to bear it, in all its glory, improve it with devotion and dedication to its Principles, and pass it to our successors, draped in greater dignity than when we received it.&lt;br /&gt;&lt;br /&gt;Even a cursory review of the vital role that lawyers have played in America's history reveals a discernible common thread: our legal predecessors have steadfastly refused to stand silent in earlier power struggles which threatened individual liberties, regardless of the enormity or the source of the threat.&lt;br /&gt;&lt;br /&gt;The self esteem of our profession increases when we consider who the forefathers of today’s lawyers are worldwide and how they responded to attempts to silence lawyers and thereby stifle individual freedoms.&lt;br /&gt;&lt;br /&gt;We see Lawyers in the philosophical forefront of a great country – United States of America: we see him with quill in hand in Monticello and Philadelphia and in Washington as he defined in writing the rights of American citizens.  His name was Thomas Jefferson and he was a Lawyer.&lt;br /&gt;&lt;br /&gt;We see him at that miracle in Philadelphia, the Constitutional Convention of 1787, fighting for the Bill of Rights which became the credo of American freedom, and at his desk drafting the Federalist Papers to lead the land he loved in the right direction, towards individual freedom.  His name was James Madison and he was a Lawyer.&lt;br /&gt;&lt;br /&gt;We see him addressing the delegates of the Second Virginia Convention, exhorting the battle cry of the republic, "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God!  I know not what course others may take; but as for me, give me liberty or give me death!"  His name was Patrick Henry and he was a Lawyer. &lt;br /&gt;&lt;br /&gt;Where would America be today if these lawyers had been successfully silenced?&lt;br /&gt;We see lawyers in the Trial Courts of twenty first century Nigeria:  at the Bar of Justice from all over the Country, breathing life into the Constitution and helping define and defend individual rights.  We see lawyers crying out for the civil rights of their brothers, demanding equal justice for all, extolling the virtues of democracy and individual freedom in the halls of Congress. And we see them at the Bar of Justice of this Great Land and finally, on our highest bench, reminding us all that Justice is colorblind and that all citizens of this great country, regardless of race, creed or ethnic group, are equal under the law. &lt;br /&gt; &lt;br /&gt;Where would Nigeria be today if these lawyers had been successfully silenced?&lt;br /&gt;We see these same lawyers in recent years at the helm of the Nigerian Bar Association:  we see them in the courtrooms and classrooms of Nigerian Universities and the Law School at lectern after lectern across the land, lecturing to the lawyers-to-be they loved.  These lecturers reminded us that, if you are a Lawyer, you stand between the abuse of Governmental Power and the individual, the abuse of Corporate Power and the individual and the abuse of Judicial Power and the individual.   And if you are a lawyer, you are helping to preserve the precious freedoms of our past, defending the individual citizen's rights today and protecting the Rights of Nigerian's citizens for generations to come.&lt;br /&gt; &lt;br /&gt;We see Lawyers in the Congressional halls: testifying, cajoling and demanding that the rights of Nigeria's consumers and citizens not be rent asunder in the name of Corporate Profit and Political expediency. We listen as they teach us how justice can best be achieved in the face of overwhelming odds, doing battle with Corporate Nigeria.  We watch in awe as they show us how David, armed only with a stone of Justice, can bring down today's gargantuan Goliath, manufacturers of defective and dangerous products.  Their numbers are legion but they are Lawyers.  They are our leaders, our friends, and our inspiration as they remind us of the mantle of responsibility which we carry as Lawyers today.  Where would the victims of defective products be if these Lawyers had been successfully silenced?&lt;br /&gt;&lt;br /&gt;We see them as women lawyers, inspiring others as role models: in the courtrooms, leading others through example and exhortation in the battles for equal justice for all, including women and minorities.  The ranks of women and minority lawyers are constantly increasing, to the great benefit of both the public and our profession.&lt;br /&gt;&lt;br /&gt;As has been often proven over the centuries, Shakespeare was right:  if tyranny is to prevail, tyrants must first kill all the lawyers. Equally relevant today, if corporate tyranny is to prevail; corporate tyrants must defame, degrade, and thereby discredit all the Lawyers.  Once again, the timeless wisdom of Shakespeare is proven.  He would have made a great trial lawyer.&lt;br /&gt;&lt;br /&gt;It will serve us all, Legislators, Judiciary and Lawyers, to recognize that the ultimate aim of the Tort reform movement is the abrogation of those individual rights and liberties of Nigerian citizens, consumers and tort victims which are the bedrock of Nigerian democracy. &lt;br /&gt; &lt;br /&gt;Fortunately, there are multitudes in our society who recognize our role and respect us for it.  As Pope John Paul II, stated: As Trial Lawyers, you are committed to the resolution of conflicts and the pursuit of justice through legal and rational means.  This work is indispensable to the construction of a truly humane and harmonious social order, as the centuries old Judicial experience bears eloquent witness.&lt;br /&gt;Therefore, let us never forget the mandate which we assumed upon taking  the oath at the Bar of this great country:  as long as Trial Lawyers continue to preserve the independence of our Judges; as long as Trial Lawyers uphold by due respect, daily practice and distinguished conduct the dignity of the Bench and Bar, and most importantly, as long as Trial Lawyers continue to vigorously and unselfishly answer our noble calling of protecting the inalienable rights of tort victims, abused consumers, and the downtrodden in our society, then the profit motivated prattlings of that unholy alliance of Tort deformers will take their proper place in the alleyways of anonymity.&lt;br /&gt;&lt;br /&gt;The role of each of us is to accept the mantle of those who led us through example and exhortation in the past, who inspire and imbue us with a sense of our vital role in society in the present, and to carry the mantle as the men and women of the Nigerian Trial bar who, through our daily activities in the courts of this great land, preserve, protect and defend the Constitution and the rights of Nigeria's citizens for the future.&lt;br /&gt;Our obligation to Nigeria is to accept Bard’s (the character in Shakespeare’s King Henry VI) compliment as a challenge and so conduct ourselves as to assure that, as long as the Bench and Trial Bar continue to breathe life into the Common Law and Constitution, those respected and revered Principles upon which our democracy is based shall continue to carry the indelible imprimatur of the Legal Profession and be closely guarded by the true sentinels of freedom, the Judiciary and the Trial Lawyers of Nigeria.&lt;br /&gt;&lt;br /&gt;I am extremely proud to be a member of this great profession and I urge each of you to reflect on the mantle of responsibility which we bear, the challenges we face and the level of complete commitment to individual rights which has been the hallmark of our profession for centuries.  Indeed, we must conduct ourselves so that for centuries to come the refrain of the tyrants and demagogues must remain: "the first thing we do, let's kill all the lawyers."  Thank you, Mr. Shakespeare, for the compliment.  We shall strive to deserve it.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/6045929998861453253-4282595422856932901?l=layibabatunde-san.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://layibabatunde-san.blogspot.com/feeds/4282595422856932901/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://layibabatunde-san.blogspot.com/2010/06/first-thing-we-do-lets-kill-all-lawyers.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/6045929998861453253/posts/default/4282595422856932901'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/6045929998861453253/posts/default/4282595422856932901'/><link rel='alternate' type='text/html' href='http://layibabatunde-san.blogspot.com/2010/06/first-thing-we-do-lets-kill-all-lawyers.html' title='&amp;quot;THE FIRST THING WE DO, LET&apos;S KILL ALL THE LAWYERS.&amp;quot; – A Tribute to Lawyers'/><author><name>'Layi Babatunde LL.B, B.L, SAN, FCTI, MNIM</name><uri>http://www.blogger.com/profile/08155953811836435671</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='23' height='32' src='http://3.bp.blogspot.com/_q3RCOyrH21M/TNPalWIItqI/AAAAAAAAAEk/A_a75cLfy9I/S220/Picture+014.JPG'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-6045929998861453253.post-4702133524631976904</id><published>2010-06-04T02:49:00.000-07:00</published><updated>2010-06-25T09:09:33.685-07:00</updated><title type='text'>LECTURE BY LAYI BABATUNDE, SAN  ON THE OCCASION OF THE PRESENTATION OF THE MAIDEN EDITION  OF THE NIGERIAN LAW STUDENTS’ JOURNAL – (L.A.S.U. OJO)</title><content type='html'>INTRODUCTION:&lt;br /&gt;&lt;br /&gt;It gives me immense pleasure and fulfillment to honour the kind invitation of my colleagues to be able to deliver this Lecture, on the occasion of the Public Presentation of the Maiden Edition of Nigerian Law Students’ Journal entitled De Quintessence. I deeply appreciate the Honour and the opportunity to re-live History of some sort having been an active Students Unionist in my days at the University – the University of Ife (Now O.A.U) during which time I was privileged to serve as Assistant Secretary, Law Students’ Society (1979) and had the privilege in the same year of being elected as Secretary General, West African Law Students’ Union (WALSU) at the Legon University, in Ghana.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Having regard to my experience serving in those capacities, and the immense benefit for self improvement it afforded me, I cannot but encourage you to take the activities of your Association serious, as much as you would, your studies.&lt;br /&gt;&lt;br /&gt;I believe quite a number of you, may be wondering why I chose this topic and what it is all about. I will resist the temptation to tell you immediately why, and what it is all about; but I am sure it will become more obvious as we progress.&lt;br /&gt;&lt;br /&gt;To start with, I want to congratulate you for choosing the path you are threading presently i.e. being Law students who hopefully will soon become proud members of the Bar and indeed some, inner Bar (Never mind the distraction of the abolitionists). Being admitted to the bar, will afford you a great opportunity for Service to the Community and personal advancement; as it has been said:&lt;br /&gt;&lt;br /&gt;“Law has bread and butter in it.”&lt;br /&gt;&lt;br /&gt;It is apposite however, to remind you, of what Nigeria’s first Indigenous Lawyer, Late Christopher Separa Williams (of blessed Memory) said of our Profession:&lt;br /&gt;“The Legal Practitioner lives for the direction of his people and the advancement of the cause of his Country.”&lt;br /&gt;&lt;br /&gt;And from far away America, J.N. Davies Former President of the American Bar Association (ABA) is quoted to have said:&lt;br /&gt;&lt;br /&gt;“True we build no bridges, we raise no towers, we construct no engine, we paint no pictures, unless as amateurs for our own amusement.&lt;br /&gt;&lt;br /&gt;There is little of all that we do which the eyes of men can see. But we smooth out difficulties; we relieve stress; we correct mistakes; we take up other men’s burden and by our efforts, we make possible the peaceful life of man in a peaceful state.&lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://www.classperformance.com/wp-content/uploads/2009/05/whats-the-big-deal-300x300.jpg"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 300px; height: 300px;" src="http://www.classperformance.com/wp-content/uploads/2009/05/whats-the-big-deal-300x300.jpg" border="0" alt="" /&gt;&lt;/a&gt;&lt;br /&gt;&lt;br /&gt;Now what is the big deal? Well the big deal, is that you are indeed the big deal; and the earlier you realize this and begin to cultivate the habits that will make you retain your status, the better for you and our Country, Nigeria. Indeed as it has been said: “men’s nature are alike, it is their habits that carry them apart.” The habit you cultivate will sooner or later become a big deal for our Country. &lt;br /&gt;&lt;br /&gt;To start with, how can you hope to give direction to others when you are yourself rudderless? How can you contribute to the advancement of anyone, when you are yourself stagnant, particularly in thoughts and ideas? Then what will your understanding of the ‘cause’ of your Country be, beyond your pocket, when you are yourself groundless in what constitutes the pursuit of happiness; and fail to realize that “Riches alone do not make men happy or blessed”?&lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://4.bp.blogspot.com/_q3RCOyrH21M/TA-YkEH2hZI/AAAAAAAAACk/A6yO4XKSTsc/s1600/big_deal_large%5B1%5D.gif"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 320px; height: 262px;" src="http://4.bp.blogspot.com/_q3RCOyrH21M/TA-YkEH2hZI/AAAAAAAAACk/A6yO4XKSTsc/s320/big_deal_large%5B1%5D.gif" border="0" alt=""id="BLOGGER_PHOTO_ID_5480767016882570642" /&gt;&lt;/a&gt;&lt;br /&gt;&lt;br /&gt;Again what is the big deal in your graduating, getting called and to devoting your life and professional calling to the pursuit of personal happiness defined in crude acquisition of material wealth? Well, the big deal is that your learning and struggle in this University would turn out a disservice, as it has been with many before you, for which reason, our Country is where it is today, inspite of the enormous resources available to it. It means you stand the risk of contributing to the negative statistics of 87.2% of us living below the poverty line of $2 per day. It means that if given the opportunity to give ‘direction’ to our people, you will tailor State Policies and Laws to fit your purse or pocket. &lt;br /&gt;&lt;br /&gt;This brings me to the need for reflection on the part of all of us. A reflection why things that are considered a big deal and shameful in other climes, hardly perturb us. We merely shrug our shoulders and move on. Below is an account of a Financial Times Survey, entitled: Nigeria – Twenty years of Independence on Visiting an Executive: &lt;br /&gt;&lt;br /&gt;“In Nigeria, the simplest of actions has a tendency to turn out remarkably complicated. Take for example, a straight-forward call upon a civil servant in his office. It is an experience which has been known to reduce the strongest of men to tears of frustration and rage, so go psychologically prepared.&lt;br /&gt;&lt;br /&gt;You may be lucky and find yourself ushered into an air-conditioned ante-room by a polite and efficient secretary who offers you a coffee or a coke, and then whisks you in to meet her boss. If you are dealing with the private sector such reception is fairly normal.&lt;br /&gt;&lt;br /&gt;But you may well be unlucky – particularly if you are dealing with the public service – and find yourself caught up in an obstacle race as complex as the new Lagos motorway system.&lt;br /&gt;&lt;br /&gt;The first hurdle may well be the lifts. These have a habit of not working, and the taller the building, the less the lifts seem to work. And those that do always seem to have a long queue in front of them; you may find it quicker to walk.&lt;br /&gt;&lt;br /&gt;When you finally reach the Great Man’s outer office, legs protesting and sweat dripping from every pore, don’t start thinking you’ve arrived. As you push open the door, you are likely to find yourself in a strange twilight world, from which the sun has been banished by the drawing of garish nylon curtains.&lt;br /&gt;&lt;br /&gt;As your eyes adjust to the dark, you may see a variety of human forms scattered around the room, slumbering with heads in hands. Do not panic, these are simply messengers who have had to get up before dawn to fight their way into town and are now doing what any sensible person would – getting a little sleep in Government time.&lt;br /&gt;&lt;br /&gt;Arouse them with a cheery cry of: “Good morning, I have come to see the Oga” (the big man). Repeat the message and eventually someone should raise the energy to nod you towards the office of the bureaucrat’s secretary.&lt;br /&gt;&lt;br /&gt;Flourish a visiting card before her. If you are lucky, you will be shown through to the boss’s office. If you are unlucky, you will get a scowl and be curtly ordered to “take your seat”.&lt;br /&gt;&lt;br /&gt;Take a seat and relax, you could be waiting quite some time. An hour, two hours, maybe all day. Read a good book, grow a beard. The great secret is to relax sufficiently to curb a sense of frustration, but not so much that you lose all impetus. After a decent interval – half an hour perhaps, you can start to chivvy the secretary.&lt;br /&gt;&lt;br /&gt;Ask her: Is Mr. So-and-so in the office today?&lt;br /&gt;Control yourself carefully when she replies: “He is not on seat” &lt;br /&gt;(i.e. he is not in)&lt;br /&gt;Continue the interrogation: When do you expect him back?&lt;br /&gt;‘Later’&lt;br /&gt;How much later?&lt;br /&gt;“Just later”&lt;br /&gt;Later today? Tomorrow? next week?&lt;br /&gt;“You will see.”&lt;br /&gt;There is an infuriating logic about such a remark. You will indeed see, provided you are prepared to wait long enough. But how long will that be?&lt;br /&gt;Try another tack:&lt;br /&gt;“Where has he gone?”&lt;br /&gt;“He has travelled.”&lt;br /&gt;Where to?&lt;br /&gt;“Travelled, I told you.”&lt;br /&gt;It is at this point that it is well to admit defeat.&lt;br /&gt;&lt;br /&gt;The big deal is how far we have moved away from this scenario, almost 50 years after Independence. As at 2005, it was estimated that the amount essentially stolen by African Government Officials and their collaborators and now held in foreign bank accounts, is equivalent to more than half of Africa’s external debt. The greatest factor in my estimation is our mind-set which, we need to change!&lt;br /&gt;&lt;br /&gt;Below is an example of how a perverse mind-set can generate crisis and stunt a Nation’s growth. In thoughts on Nigerian Constitution by Late Chief Obafemi Awolowo, SAN (of blessed Memory) he proffered thus:&lt;br /&gt;&lt;br /&gt;“The evils which afflicted Nigeria and brought about ruin of the First republic may be put in a nutshell as follows:&lt;br /&gt;(1.) Abnormal imbalance in the constituent units of the Federation.&lt;br /&gt;(2.) Gross incapacity and utter lack of honesty and comprehension on the part of those who directed and administered the affairs of the Federal Government.&lt;br /&gt;(3.) Total absence of correct ideological orientation and of courageous and unselfish leadership at all levels of our Governmental activities, but more especially so at the Federal level.&lt;br /&gt;(4.) Tenacity of office – that is, overpowering and obsessive desire on the part of our Political leaders to stick indefinitely to Public Offices by all means, fair or foul.&lt;br /&gt;It will be seen that only one of these is attributable to the nature of the Old Constitution itself; whilst the rest are attributable to what we have described as human propensities to evil doing.”&lt;br /&gt;&lt;br /&gt;CONCLUSION:&lt;br /&gt;The truth is that whichever path you may choose to thread now and after leaving this University, you will still remain a big deal. However, the habits you form and the path you choose will determine whether you are a big deal in the positive sense or in the negative sense.&lt;br /&gt;&lt;br /&gt;I believe that those of you seated here today, constitute a large chunk of Nigeria’s future currency, which currency will not be cash realized from Oil exports, but ideas generated locally but of International relevance and significance.&lt;br /&gt;&lt;br /&gt;It is important that we can depend on you and that is why you are indeed a big deal.&lt;br /&gt;&lt;br /&gt;Somebody may legitimately ask: ‘What can I do, that will make a difference when I am so young and have several seniors ahead of me?” The truth is that you can make a huge difference and become an asset to the alliance of the Old and the New, that will change our Country for good. If Obama thought that way, the History of America and nay the world would have remained unchanged.&lt;br /&gt;&lt;br /&gt;“The challenge is to always do what is right and good and true, even if others don’t appreciate it. Making the world a better place can’t depend on applause. You have to keep striving, no matter what, because if you don’t, many of the things that need to be done in our world will never get done”. &lt;br /&gt;&lt;br /&gt;These Ten Paradoxical Commandments are recommended:&lt;br /&gt;&lt;br /&gt;“People are illogical,&lt;br /&gt;Unreasonable, and&lt;br /&gt;Self-centered.&lt;br /&gt;Love them anyway&lt;br /&gt;&lt;br /&gt;If you do good,&lt;br /&gt;People will accuse you&lt;br /&gt;Of selfish ulterior motives&lt;br /&gt;Do good anyway.&lt;br /&gt;&lt;br /&gt;If you are successful, you will win&lt;br /&gt;False friends and true enemies.&lt;br /&gt;Succeed anyway.&lt;br /&gt;&lt;br /&gt;The good you do today&lt;br /&gt;Will be forgotten tomorrow&lt;br /&gt;Do good anyway&lt;br /&gt;&lt;br /&gt;Honesty and frankness&lt;br /&gt;Make you vulnerable&lt;br /&gt;Be honest and frank anyway&lt;br /&gt;&lt;br /&gt;The biggest men and women with &lt;br /&gt;the biggest ideas can be shot down &lt;br /&gt;by the smallest men and women&lt;br /&gt;with the smallest minds.&lt;br /&gt;Think big anyway&lt;br /&gt;&lt;br /&gt;People favour underdogs&lt;br /&gt;But follow only top dogs.&lt;br /&gt;Fight for a few underdogs anyway.&lt;br /&gt;&lt;br /&gt;What you spend years building&lt;br /&gt;May be destroyed overnight&lt;br /&gt;Build anyway&lt;br /&gt;&lt;br /&gt;People really need help but may&lt;br /&gt;Attack you if you do help them&lt;br /&gt;Help people anyway.&lt;br /&gt;&lt;br /&gt;Give the world the best you have&lt;br /&gt;And you’ll get kicked in the teeth.&lt;br /&gt;Give the world the best you have anyway.&lt;br /&gt;&lt;br /&gt;In closing, may any of you seated here not be among those whose God will be their purse and belly, thereby becoming merely Educated Crooks and a burden to Nigeria. May God forbid.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/6045929998861453253-4702133524631976904?l=layibabatunde-san.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://layibabatunde-san.blogspot.com/feeds/4702133524631976904/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://layibabatunde-san.blogspot.com/2010/06/lecture-by-layi-babatunde-san-on.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/6045929998861453253/posts/default/4702133524631976904'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/6045929998861453253/posts/default/4702133524631976904'/><link rel='alternate' type='text/html' href='http://layibabatunde-san.blogspot.com/2010/06/lecture-by-layi-babatunde-san-on.html' title='LECTURE BY LAYI BABATUNDE, SAN  ON THE OCCASION OF THE PRESENTATION OF THE MAIDEN EDITION  OF THE NIGERIAN LAW STUDENTS’ JOURNAL – (L.A.S.U. OJO)'/><author><name>'Layi Babatunde LL.B, B.L, SAN, FCTI, MNIM</name><uri>http://www.blogger.com/profile/08155953811836435671</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='23' height='32' src='http://3.bp.blogspot.com/_q3RCOyrH21M/TNPalWIItqI/AAAAAAAAAEk/A_a75cLfy9I/S220/Picture+014.JPG'/></author><media:thumbnail xmlns:media='http://search.yahoo.com/mrss/' url='http://4.bp.blogspot.com/_q3RCOyrH21M/TA-YkEH2hZI/AAAAAAAAACk/A6yO4XKSTsc/s72-c/big_deal_large%5B1%5D.gif' height='72' width='72'/><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-6045929998861453253.post-3761346003930725071</id><published>2010-05-20T02:34:00.000-07:00</published><updated>2010-06-25T09:18:18.625-07:00</updated><category scheme='http://www.blogger.com/atom/ns#' term='Contractual Relationships in Nigeria. Protecting your Business and Company in Nigeria'/><title type='text'>PROTECTING YOURSELF IN THE WORLD OF BUSINESS</title><content type='html'>“A promise would not be intelligible before human conventions had established it”. - David Hume&lt;br /&gt;&lt;br /&gt;Contracts, and the promises from which they are formed, are institutions. By that, I mean that they could not exist but for a convention in our laws and language that gives them meaning.&lt;br /&gt;&lt;br /&gt;In law, a contract is an agreement between two or more parties, that if it contains the elements of a valid legal agreement it is enforceable by law or by binding arbitration. That is to say, a contract is an exchange of promises with a specific remedy for breach.&lt;br /&gt;&lt;br /&gt;Agreement is said to be reached when an offer capable of immediate acceptance is met with a "mirror image" acceptance (i.e., an unqualified acceptance). The parties must have the necessary capacity to contract and the contract must not be trifling, indeterminate, impossible, or illegal.&lt;br /&gt;&lt;br /&gt;In this Article we would be looking at Contractual Relationships and how we can make sure we are well protected within our Rights in Agreements we set our hand to.&lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://1.bp.blogspot.com/_erA7nKqu3GQ/SyfC52ks32I/AAAAAAAAABs/w_j_7aX6irM/s320/handshake.jpg"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 320px; height: 320px;" src="http://1.bp.blogspot.com/_erA7nKqu3GQ/SyfC52ks32I/AAAAAAAAABs/w_j_7aX6irM/s320/handshake.jpg" border="0" alt="" /&gt;&lt;/a&gt;&lt;br /&gt;&lt;br /&gt;Dealings between manufacturers' representatives and suppliers are similar in many ways to a marriage. Before a contractual commitment, there is a courtship, a time during which both parties are able to examine their prospective partner during a variety of circumstances. If the attraction continues, both parties perform due diligence in order to ensure the absence of any nefarious dealings, both past and present. If a commitment is desired, both parties enter into a contractual relationship for the long-term. However, unlike a marriage, there is never a clause in a representative agreement that includes the words, "until death do us part." Representative relationships are expected to last only for a period during which both the rep and supplier reap benefit from the relationship. Once a partner can no longer foresee a benefit from the relationship, the partnership may be dissolved.&lt;br /&gt;&lt;br /&gt;During the early years of a representative relationship, little reservations on both sides can become irritants that grow, fester, and hold back both parties from achieving greater success. What can be done to reduce the impact of otherwise minor reservations? Both parties can build into the representative agreement protection that shields them from some of their greatest fears. Manufacturers' representatives often fear unjust termination by a supplier for whom they work diligently for several months or years with relatively little compensation. Suppliers often fear inability to terminate a rep whose performance has deteriorated. Both fears are real and can be addressed in the representative agreement in an equitable manner.&lt;br /&gt;&lt;br /&gt;If mutual success of the rep and the supplier is to be achieved, little fears on both sides must be dealt with in a manner that prohibits those fears from undermining performance. This article is aimed at addressing the steps that can be taken to reduce fear on the part of both the manufacturers' representative and the supplier. By building protection into the representative agreement, two objectives can be accomplished: First, some natural fears can be either reduced or eliminated. By reducing the impact of some fears, performance of both the rep and the supplier can be enhanced. Second, when the time comes to dissolve the representative relationship, the same protections that were used to enhance performance can be used to unwind the relationship with less acrimony and legal action.&lt;br /&gt;&lt;br /&gt;&lt;span style="font-weight:bold;"&gt;Well Written Agreements Reduce Fear&lt;/span&gt;&lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://www.worldlawdirect.com/forum/images/misc/iStock_000003390628XSmall"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 425px; height: 282px;" src="http://www.worldlawdirect.com/forum/images/misc/iStock_000003390628XSmall" border="0" alt="" /&gt;&lt;/a&gt;&lt;br /&gt;&lt;br /&gt;Dealings between manufacturers' representatives and suppliers are similar in many ways to a marriage. Before a contractual commitment, there is a courtship, a time during which both parties are able to examine their prospective partner during a variety of circumstances. If the attraction continues, both parties perform due diligence in order to ensure the absence of any nefarious dealings, both past and present. If a commitment is desired, both parties enter into a contractual relationship for the long-term. However, unlike a marriage, there is never a clause in a representative agreement that includes the words, "until death do us part." Representative relationships are expected to last only for a period during which both the rep and supplier reap benefit from the relationship. Once a partner can no longer foresee a benefit from the relationship, the partnership may be dissolved.&lt;br /&gt;&lt;br /&gt;During the early years of a representative relationship, little reservations on both sides can become irritants that grow, fester, and hold back both parties from achieving greater success. What can be done to reduce the impact of otherwise minor reservations? Both parties can build into the representative agreement protection that shields them from some of their greatest fears. Manufacturers' representatives often fear unjust termination by a supplier for whom they work diligently for several months or years with relatively little compensation. Suppliers often fear inability to terminate a rep whose performance has deteriorated. Both fears are real and can be addressed in the representative agreement in an equitable manner.&lt;br /&gt;&lt;br /&gt;If mutual success of the rep and the supplier is to be achieved, little fears on both sides must be dealt with in a manner that prohibits those fears from undermining performance. This article is aimed at addressing the steps that can be taken to reduce fear on the part of both the manufacturers' representative and the supplier. By building protection into the representative agreement, two objectives can be accomplished: First, some natural fears can be either reduced or eliminated. By reducing the impact of some fears, performance of both the rep and the supplier can be enhanced. Second, when the time comes to dissolve the representative relationship, the same protections that were used to enhance performance can be used to unwind the relationship with less acrimony and legal action.&lt;br /&gt;&lt;br /&gt;Well Written Agreements Reduce Fear&lt;br /&gt;&lt;br /&gt;&lt;span style="font-weight:bold;"&gt;Protection for Manufacturers' Representatives&lt;/span&gt;&lt;br /&gt;&lt;br /&gt;One common fear among manufacturers' representatives is that termination may come after months or years of hard work, but before significant commissions are generated. This a justifiable concern particularly where the supplier is relatively new and has no established customers. A rep must labor long and hard in order to create the first customers, designs and purchase orders. The world provides many examples whereby a small supplier signs up many reps that are required to provide several months of missionary work with customers before sales are realized. If the supplier provides a great product offering and executes well, its booming sales soon make it an attractive target of acquisition by a larger, more established competitor. During an acquisition, the sales organizations of the acquiring and acquired companies must be consolidated. Most often, the direct sales team or rep from the acquiring company survives, while the rep from the acquired supplier is terminated. Recognizing that history favors the reps of established suppliers, many reps are loath to adding start-up suppliers to their line card.&lt;br /&gt;&lt;br /&gt;One solution that protects the manufacturers' representative for a small start-up supplier is the insertion of a clause that provides commissions beyond termination in the event of a change of ownership of the supplier. The rep may be offered six-to-twelve months of commissions after the effective date of termination if termination is the result of a change of ownership in the start-up supplier.&lt;br /&gt;&lt;br /&gt;The mechanism calling for extended commissions is sometimes called a "double trigger." The term, "double trigger" is used in this case because two events must occur before the extra commissions are warranted: a) change of ownership, and b) termination of the representative agreement. If an acquisition occurs, but the rep is retained, there are no extended commissions. Similarly, if the rep is terminated, but there is no change of ownership, there are no extended commissions. When, however, termination occurs within weeks of a change of ownership, two conditions will have been "triggered" and the rep becomes entitled to extended commissions.&lt;br /&gt;&lt;br /&gt;Inclusion of the "double trigger" clause removes the fear that reps might have when partnering with start-up suppliers. The expense of extended commissions become real to the start-up supplier only if it becomes very successful and simultaneously becomes acquired. The extended commissions can be easily justified and in addition, can be spread forward in time.&lt;br /&gt;&lt;br /&gt;At first glance, extended commissions from a double trigger clause result to the benefit of the manufacturers' representative only. Upon deeper reflection, the start-up supplier benefits also. Without a double trigger clause, large and established rep organizations avoid start-up companies because of the risk that they represent. Without the clause, a start-up supplier might be forced to select a rep from among a group of smaller and less established rep organizations. Inclusion of a double trigger allows start-up suppliers to add powerful manufacturers' representatives to its sales team. Such an addition increases the suppliers' chances for success.&lt;br /&gt;&lt;br /&gt;&lt;span style="font-weight:bold;"&gt;Protection for Suppliers&lt;/span&gt;&lt;br /&gt;&lt;br /&gt;Suppliers seek the opportunity to exercise control over their own fate. Suppliers expect that control to extend over the sales organization. If that sales organization is composed of direct employees, hiring and firing is relatively straightforward. When the sales organization is a network of manufacturers' representatives, control may be muted. A supplier should be allowed, via the representative agreement, to add new reps and to terminate those reps that do not accomplish the objectives of the supplier. All representative agreements allow for termination under various scenarios. A supplier should ensure that it has the ability to terminate a rep both for cause and for convenience.&lt;br /&gt;&lt;br /&gt;Most reps readily agree to termination for cause and the description of causes can be defined in the agreement. Some causes are obvious and may include gross malfeasance, change of ownership of the rep, and breach of the agreement. Very often, cause is disputed and leads to acrimony and legal action.&lt;br /&gt;&lt;br /&gt;A representative agreement should include a clause allowing for "termination for convenience." In this case, the supplier may terminate the agreement without providing or proving cause. The supplier is provided the flexibility to change manufacturers' representatives if conditions warrant or change. A rep will not appreciate the opportunity to constantly fear termination for no reason at all. To encourage the rep to accept a "termination for convenience" clause, a provision is added to the agreement that adds extended commissions beyond termination, for a period of up to a full year after the effective date of termination. The period for extended commissions is often proportional to the length of service of the rep.&lt;br /&gt;&lt;br /&gt;&lt;span style="font-weight:bold;"&gt;The Best Agreements Provide Balance&lt;/span&gt;&lt;br /&gt;&lt;br /&gt;Inexperienced reps and suppliers sometimes attempt to insert clauses into representative agreements that favor one party at the expense of the other. Occasionally such too-clever attempts achieve their desired result. Unfortunately, most one-sided attempts fail to accomplish their objective. Too often, one-sided agreements achieve two undesirable characteristics. First, one-way clauses generally build mistrust into the relationship. Such mistrust acts as an anchor around the neck of both parties and prevents them from optimizing the results of the partnership. Second, agreements with one-sided clauses have a higher incidence of litigation when the relationship unwinds. Remember, representative relationships do not last forever. There is no "until death do us part" language. When a relationship unwinds, seasoned reps and suppliers agree that litigation should be avoided. Legal action is terribly expensive. It consumes vast amounts of human resources and management focus, and distracts both parties from their real agendas: growing sales, market share and profits.&lt;br /&gt;&lt;br /&gt;Seasoned reps and suppliers agree that representative agreements should be written with attention given to balance. If a rep is allowed to operate in a certain manner, the supplier ought to be afforded the opportunity to operate in a similar manner. If a supplier may terminate the agreement without cause, the manufacturers' representative should be allowed to terminate for convenience as well. Balanced agreements help build trust between their partners. That trust adds to the productive energy applied by both partners. Greater trust and energy are two of many requisites for a successful representative relationship. Ensure that your agreements strive for a balance in the power between the representative and the supplier.&lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://www.concurringopinions.com/archives/signing%20contract.jpg"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 418px; height: 227px;" src="http://www.concurringopinions.com/archives/signing%20contract.jpg" border="0" alt="" /&gt;&lt;/a&gt;&lt;br /&gt;&lt;br /&gt;Entering into a new representative relationship can be a frightening experience. The consequences of entering into a representative agreement can be disastrous. By inserting protective clauses into the agreement, both parties can increase their chances of success and simultaneously reduce the likelihood of legal squabbling when the agreement comes to an end. Ensuring a theme of balance and fairness in the agreement further increases the opportunity for a satisfying representative relationship.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/6045929998861453253-3761346003930725071?l=layibabatunde-san.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://layibabatunde-san.blogspot.com/feeds/3761346003930725071/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://layibabatunde-san.blogspot.com/2010/05/protecting-yourself-in-world-of.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/6045929998861453253/posts/default/3761346003930725071'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/6045929998861453253/posts/default/3761346003930725071'/><link rel='alternate' type='text/html' href='http://layibabatunde-san.blogspot.com/2010/05/protecting-yourself-in-world-of.html' title='PROTECTING YOURSELF IN THE WORLD OF BUSINESS'/><author><name>'Layi Babatunde LL.B, B.L, SAN, FCTI, MNIM</name><uri>http://www.blogger.com/profile/08155953811836435671</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='23' height='32' src='http://3.bp.blogspot.com/_q3RCOyrH21M/TNPalWIItqI/AAAAAAAAAEk/A_a75cLfy9I/S220/Picture+014.JPG'/></author><media:thumbnail xmlns:media='http://search.yahoo.com/mrss/' url='http://1.bp.blogspot.com/_erA7nKqu3GQ/SyfC52ks32I/AAAAAAAAABs/w_j_7aX6irM/s72-c/handshake.jpg' height='72' width='72'/><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-6045929998861453253.post-6442311518700473965</id><published>2010-05-10T09:49:00.000-07:00</published><updated>2010-05-10T10:08:37.657-07:00</updated><category scheme='http://www.blogger.com/atom/ns#' term='Nigerian Newspaper'/><category scheme='http://www.blogger.com/atom/ns#' term='Lawlessness in Nigeria'/><category scheme='http://www.blogger.com/atom/ns#' term='Nigerian News'/><category scheme='http://www.blogger.com/atom/ns#' term='Legal Issues in Nigeria'/><title type='text'>FRSC, Others Give 3-Month Ultimatum to Fake Tyre Dealers</title><content type='html'>&lt;span style="font-weight:bold;"&gt;Page 12, Thisday Newspaper, Thursday April 8&lt;/span&gt;&lt;br /&gt;&lt;br /&gt;I had before, thought to just let this News Article go, without making any comment, after all, as callous as it may sound, this issue is the least of our Nation’s problems. I will like to consider this token of words though, as a seed I’m placing into the soil of time…; Nigerian time, hoping that one day it would germinate, and as a Nation, we will grow into what might seem to us now as impossible, but really is a normal way of life.  &lt;br /&gt;&lt;br /&gt;Where does one start from after reading this:&lt;br /&gt;&lt;br /&gt;&lt;span style="font-style:italic;"&gt;&lt;blockquote&gt;Chief Executive Officers of the Federal road Safety Commission (FRSC), National Automotive Council (NAC) and the Consumer Protective Council (CPC) have issued a three-month ultimatum to dealers on fake and expired tyres to stop trading in the products…&lt;br /&gt;&lt;br /&gt;Osita Chidoka, Aminu Jalal and Ify Umenyi of the FRSC, NAC and CPC respectively while issuing an ultimatum to dealers of fake and sub-standard tyres in the Country said, after three months of intensified campaign, a total clamp down on the dealers will commence.&lt;br /&gt;&lt;br /&gt;This according to them is because of the inherent dangers in the manufacture and sale of fake tyres in the Country, which have resulted in the loss of lives of so many Nigerians.&lt;br /&gt;&lt;br /&gt;Advancing reason for the frequent road accident in the Country, the Chief Executive Officer of the Federal Road Safety Corps, Mr. Osita Chidoka said “Despite all our efforts to prevent and reduce road accidents on our roads, we still encounter it. In our general observation and from personal experience, road accident has been on the higher side.” The Corps Marshal attributed this majorly to indiscipline on the part of several road users. He added that frequent tyres, burst due to the prevalence of substandard and inferior tyres in the market… &lt;/blockquote&gt;&lt;/span&gt;&lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://mukerji.co.uk/car/oom/images/2008-09-10/330d-tyres.jpg"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 550px; height: 733px;" src="http://mukerji.co.uk/car/oom/images/2008-09-10/330d-tyres.jpg" border="0" alt="" /&gt;&lt;/a&gt;&lt;br /&gt;&lt;br /&gt;Does one start from the seemingly trivial fact that an appallingly few number of bodies seem to be concerned about this tragedy in the first place, or that the observed &lt;span style="font-style:italic;"&gt;“indiscipline on the part of several road users”&lt;/span&gt; on the other hand is being silently ignored, as if closing our eyes to that major reason would somehow make it disappear and not affect us on our roads anymore. Or does one just go to the crux of the matter, grateful that at least some concern is shown at all, no matter how few the concerned bodies there are.&lt;br /&gt;&lt;br /&gt;If one also, were to go to the main issue of this News Article represented by the Head of Operations, FRSC, Mr. Sunday Ajayi, which he made during the official launch of a Public Enlightenment Handbook on Safe Use of Vehicle Tyres jointly organized by NAC and CPC, then we’ll run into some problems too. How reasonable is it that for three months, it is okay for innocent citizens to die, &lt;span style="font-style:italic;"&gt;as we would like to inform illegal dealers to stop dealing in an illegal business and campaign for three whole months after which a “total clamp down on the dealers will commence”&lt;/span&gt; I mean, doesn’t it make it seem like the bodies are more for the illegal dealers than for the innocent citizens of the Country?&lt;br /&gt;&lt;br /&gt;Of course, when one makes this observation, great Country that we are, our people would comment that a warning ought to be issued as it wouldn’t be fair to the dealers to lose money on their business without planning for it. I’m sorry, but it is pitiful that dealing in an illegal business in the first place is acceptable to us, enough for us to think that issuing a warning to stop what is wrong, (instead of clamping down on it immediately) is the normal way to go.&lt;br /&gt;&lt;br /&gt;It is saddening that lawlessness has become the norm for us, so much so that there should be a special campaign to inform us of the lawful way to act, as if it is acceptable in the first place to deal in an illegal business. It is more saddening, because now the fake tyre dealers would have a field day, increasing the price of these fake tyres, making it seem as if the Government is against the poorer citizens of the Country, as due to the Campaign, it would be harder for them to smuggle in the fake tyres and of course when something is scarce in Nigeria, it automatically becomes more expensive and then of course, the original tyres too become much more expensive, after all, the fake tyres have become costlier, this of course make things generally bad for everyone.&lt;br /&gt;&lt;br /&gt;Sometimes, I cannot get over the way we view things in this Country, the way we reason. We seem to be sentimental, but only when it pertains to something that is largely unhealthy for us as a Nation. We can be magnanimous, but in the wrong way. We behave as if the abnormal is the normal and the normal way is the unfair way, so that generally, we have a warped sense of Justice as a Nation.&lt;br /&gt;&lt;br /&gt;As I said earlier, this fake tyre issue is probably the least of our problems as a Nation, but the underlying issue of our reasoning as a nation is not. And I understand that the journey of a thousand miles starts with a step; what I fail to understand though, is when we would like to take this first step, and when we finally do take the first step, when we would be willing to take the second…&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/6045929998861453253-6442311518700473965?l=layibabatunde-san.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://layibabatunde-san.blogspot.com/feeds/6442311518700473965/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://layibabatunde-san.blogspot.com/2010/05/frsc-others-give-3-month-ultimatum-to.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/6045929998861453253/posts/default/6442311518700473965'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/6045929998861453253/posts/default/6442311518700473965'/><link rel='alternate' type='text/html' href='http://layibabatunde-san.blogspot.com/2010/05/frsc-others-give-3-month-ultimatum-to.html' title='FRSC, Others Give 3-Month Ultimatum to Fake Tyre Dealers'/><author><name>'Layi Babatunde LL.B, B.L, SAN, FCTI, MNIM</name><uri>http://www.blogger.com/profile/08155953811836435671</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='23' height='32' src='http://3.bp.blogspot.com/_q3RCOyrH21M/TNPalWIItqI/AAAAAAAAAEk/A_a75cLfy9I/S220/Picture+014.JPG'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-6045929998861453253.post-7156195516906975609</id><published>2010-04-26T05:15:00.000-07:00</published><updated>2010-04-26T06:18:43.043-07:00</updated><category scheme='http://www.blogger.com/atom/ns#' term='Registering a Business Name in Nigeria'/><category scheme='http://www.blogger.com/atom/ns#' term='Registering a Company in Nigeria'/><category scheme='http://www.blogger.com/atom/ns#' term='Legal Issues to consider when Starting up a Company in Nigeria.'/><title type='text'>Setting up a Company in Nigeria</title><content type='html'>There are a multitude of legal issues to think about when it comes to setting up your own Company in Nigeria. Everything from your Business Name to its structure and operations has legal implications. What follows is a sampling of some of the legal concerns you may want to address with your &lt;a href="layibabatunde@layibabatunde.com"&gt;lawyer&lt;/a&gt; before you start your business.&lt;br /&gt;&lt;br /&gt;&lt;span style="font-weight:bold;"&gt;YOUR CORPORATE NAME&lt;/span&gt;&lt;br /&gt;You will need to make sure that the business name you plan to use is not already being used by another business. You can do this by doing a name search with the appropriate state agency, which is the office of the Corporate Affairs Commission (C.A.C) Nigeria; now head quartered in Abuja. If your chosen name is not already in use, you can reserve it, for about 60 days, while you prepare your Articles of Incorporation, Articles of Organization, or a Partnership Agreement.&lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://3.bp.blogspot.com/_q3RCOyrH21M/S9WEpqsFv-I/AAAAAAAAAB8/vaS3127LvU8/s1600/blog+picture.jpg"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 300px; height: 320px;" src="http://3.bp.blogspot.com/_q3RCOyrH21M/S9WEpqsFv-I/AAAAAAAAAB8/vaS3127LvU8/s320/blog+picture.jpg" border="0" alt=""id="BLOGGER_PHOTO_ID_5464419574252683234" /&gt;&lt;/a&gt;&lt;br /&gt;&lt;br /&gt;&lt;span style="font-weight:bold;"&gt;YOUR CORPORATE STRUCTURE&lt;/span&gt;&lt;br /&gt;You will need to decide which Corporate Structure best suits your business. To decide what form is best, you will need to consider liability issues associated with your business and which form will provide the best tax structure for your business. &lt;br /&gt;&lt;br /&gt;In simple terms, we have these basic types of Corporate Structures in Nigeria:&lt;br /&gt;1. Enterprises&lt;br /&gt;2. Limited Liability Companies&lt;br /&gt;3. Unlimited Liability Companies&lt;br /&gt;&lt;br /&gt;&lt;span style="font-weight:bold;"&gt;Enterprises&lt;/span&gt;&lt;br /&gt;This can be subdivided into two namely; Sole-Proprietorship and Partnership. &lt;br /&gt;&lt;br /&gt;Sole proprietorship means that a single person (i.e., you) owns his business and solely enjoys the profits. Unfortunately, it also means the person is directly responsible for the company’s liabilities and debts. &lt;br /&gt;&lt;br /&gt;The same goes for Partnerships, the only difference is; instead of a single person owning the business, two or more people own the business in this instance.&lt;br /&gt;&lt;br /&gt;In Nigeria, an Enterprise is the simplest and most common way to launch a new business. But once the business is set up and starting to be successful, many Sole Proprietors/Partners decide to change their Corporate Structure to a Limited Liability Company. &lt;br /&gt;&lt;br /&gt;The advantages to this form of Corporate Structure are that formation costs are low, and there is only one legal filing requirement. The sole proprietor/Partners can manage the business as they deem fit while profits and losses flow freely to the owners. &lt;br /&gt;&lt;br /&gt;The disadvantages though are that the owners run the risk of personal liability in the event that the business is sued. The duration of the business is limited because Enterprises are automatically dissolved upon the death or bankruptcy of the proprietors. &lt;br /&gt;&lt;br /&gt;&lt;span style="font-weight:bold;"&gt;&lt;br /&gt;Limited Liability Companies&lt;/span&gt;&lt;br /&gt;This can also be subdivided into two, namely the Private Limited Liability Company basically known as LTD and the Public Limited Liability Company basically known as the PLC.&lt;br /&gt;&lt;br /&gt;On the one hand, any two or more persons may form and incorporate a Private Limited Liability Company in Nigeria as long as the laid down requirements for doing so are followed. With regards to foreigners, however, there are additional requirements which must be met before a business can be establishment in Nigeria.&lt;br /&gt;&lt;br /&gt;The Public Limited Liability Company on the other hand is such that has been made public to everyone and is on the stock exchange market. &lt;br /&gt;&lt;br /&gt;A foreigner or foreign company may participate in forming a company, subject to the provision of any law regulating the rights and capacity of foreigners to engage and trade in business in Nigeria.&lt;br /&gt;By virtue of the Nigerian Investment Promotion Decree (now Act) of 1995, non-Nigerians can freely invest and participate in the operation of any enterprise in Nigeria, with the exception of those enterprises in the negative list of the Act.&lt;br /&gt;Where the area of investment is not prohibited, a foreign investor may engage in any enterprise in Nigeria in any of two ways.&lt;br /&gt;&lt;br /&gt;The investor can start a business on his/her own or come into a joint venture with Nigerians by forming and registering a company at the Corporate Affairs Commission (CAC), and then registered with the Nigerian Investment Promotion Commission (NIPC). &lt;br /&gt;The NIPC acts as a liaison between the foreign enterprise and relevant government departments from which the foreigner may need to obtain certain permits. &lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://3.bp.blogspot.com/_q3RCOyrH21M/S9WPUZ76gII/AAAAAAAAACU/EcXUMh7NFdw/s1600/How+a+foreigner+can+set+up+a+Company+in+Nigeria.jpg"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 320px; height: 240px;" src="http://3.bp.blogspot.com/_q3RCOyrH21M/S9WPUZ76gII/AAAAAAAAACU/EcXUMh7NFdw/s320/How+a+foreigner+can+set+up+a+Company+in+Nigeria.jpg" border="0" alt=""id="BLOGGER_PHOTO_ID_5464431303606304898" /&gt;&lt;/a&gt;&lt;br /&gt;&lt;br /&gt;Although all foreign companies intending to do business in Nigeria must take necessary steps to obtain incorporation as a separate entity in Nigeria, a foreign company may apply to the Federal Executive Council for exemption from registration locally if it belongs to one of the following categories, that is:&lt;br /&gt;&lt;br /&gt;Foreign companies invited to Nigeria by or with the approval of the Federal Government to execute only specified individual projects.&lt;br /&gt;&lt;br /&gt;Foreign companies which are in Nigeria to execute special loan projects on behalf of donor countries.&lt;br /&gt;&lt;br /&gt;Foreign Government owned companies engaged solely in export promotion activities.&lt;br /&gt;&lt;br /&gt;Engineering consultants and technicians engaged on any individual specialist project under contract with any governments in the Federation or Government Agencies where the contract has been approved by the Federal Government.&lt;br /&gt;&lt;br /&gt;&lt;span style="font-weight:bold;"&gt;&lt;br /&gt;Unlimited Liability Companies&lt;/span&gt;&lt;br /&gt;This form of Corporate Structure is not popular at all in Nigeria. In fact the only Unlimited Liability Company in Nigeria is Mobil Oil Producing Company.&lt;br /&gt;&lt;br /&gt;When it comes to deciding on a Corporate Structure, I would recommend that you get &lt;a href="layibabatunde@layibabatunde.com"&gt;professional advice&lt;/a&gt; specific to your location and type of business. &lt;br /&gt;&lt;br /&gt;Although a number of factors should be considered when selecting the best choice of entity for your business, in many cases the Limited Liability form of Corporate Structure makes the most sense. Limited Liability Companies offer limited liability protection to their owners, as well as flexibility from a tax perspective. If you are contemplating owning your own property where your business will be operated, you may consider forming one entity to take title to the property and another entity to run your business; this shields the liabilities of the business from the asset of the property and vice versa.&lt;br /&gt;&lt;br /&gt;Another factor to consider is the availability and cost of Business Insurance. The Laws are being upgraded everyday, and you should consult with a &lt;a href="layibabatunde@layibabatunde.com"&gt;competent attorney &lt;/a&gt;before finalizing the entity choice that suits your situation.” &lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://www.scientificamerican.com/media/inline/insurance-companies-climate-change_1.jpg"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 320px; height: 320px;" src="http://www.scientificamerican.com/media/inline/insurance-companies-climate-change_1.jpg" border="0" alt="" /&gt;&lt;/a&gt;&lt;br /&gt;&lt;br /&gt;&lt;span style="font-weight:bold;"&gt;BUSINESS LICENSES&lt;/span&gt;&lt;br /&gt;Depending on what type of business you plan to engage in, you may need a variety of licenses or permits. At a minimum, you will need a business license and tax registration. &lt;br /&gt;&lt;br /&gt;&lt;span style="font-weight:bold;"&gt;NON-DISCLOSURE AGREEMENTS&lt;/span&gt;&lt;br /&gt;If you will be setting up financing for your business or entering into contracts with suppliers, you should consider confidentiality and non-disclosure agreements. Since these outside firms will have access to business information that you may want to keep private, you should consider having them sign these agreements. If you are ordering a thousand gizmos for your grand opening, you don't want the supplier to call your competitor to see if they want a thousand gizmos so that they can offer them on the same day. The more confidential information your business plan contains, the more important these agreements are.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/6045929998861453253-7156195516906975609?l=layibabatunde-san.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://layibabatunde-san.blogspot.com/feeds/7156195516906975609/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://layibabatunde-san.blogspot.com/2010/04/there-are-multitude-of-legal-issues-to.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/6045929998861453253/posts/default/7156195516906975609'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/6045929998861453253/posts/default/7156195516906975609'/><link rel='alternate' type='text/html' href='http://layibabatunde-san.blogspot.com/2010/04/there-are-multitude-of-legal-issues-to.html' title='Setting up a Company in Nigeria'/><author><name>'Layi Babatunde LL.B, B.L, SAN, FCTI, MNIM</name><uri>http://www.blogger.com/profile/08155953811836435671</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='23' height='32' src='http://3.bp.blogspot.com/_q3RCOyrH21M/TNPalWIItqI/AAAAAAAAAEk/A_a75cLfy9I/S220/Picture+014.JPG'/></author><media:thumbnail xmlns:media='http://search.yahoo.com/mrss/' url='http://3.bp.blogspot.com/_q3RCOyrH21M/S9WEpqsFv-I/AAAAAAAAAB8/vaS3127LvU8/s72-c/blog+picture.jpg' height='72' width='72'/><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-6045929998861453253.post-9002355319709517453</id><published>2010-04-15T04:49:00.000-07:00</published><updated>2010-04-26T03:32:33.601-07:00</updated><title type='text'>The Commonwealth Regional Law Conference 2010.</title><content type='html'>It was quite an enlightening time for West African Lawyers during the Commonwealth Regional Law Conference 2010, that took place in Hilton Abuja, Nigeria for the 8th to the 11th of April, this year.&lt;br /&gt;&lt;br /&gt;The first of its kind ever in Nigeria, the Conference took place, following a decision taken by the Council in 2008 to organize a dedicated regional event every two years.&lt;br /&gt;This afforded Legal Practitioners all over West Africa and more to come together, develop their legal knowledge, skill and broaden their contacts.&lt;br /&gt;&lt;br /&gt;The Conference, which hasn't taken place since 1981, is basically organized by the Commonwealth Lawyers Association (CLA) and proudly sponsored by The Lawbreed Limited, (a Company of which Layi Babatunde (SAN)is also the CEO/MD) amongst others.&lt;br /&gt;&lt;br /&gt;The theme of the Regional Conference was &lt;span style="font-weight:bold;"&gt;"The 21st Century Lawyer: Present Challenges &amp; Future Skills"&lt;/span&gt;&lt;br /&gt;The Programme basically focused on &lt;span style="font-weight:bold;"&gt;"Human Rights &amp; The Rule of Law"&lt;/span&gt; and &lt;span style="font-weight:bold;"&gt;"Corporate &amp; Commercial Law"&lt;/span&gt; with emphasis on issues of importance within Nigeria and the wider West African region; While the Conference focused on the Provision of Practical Training and Skills Development.&lt;br /&gt;&lt;br /&gt;The Local Organizing Committee were made up of :&lt;br /&gt;* Mr. Oluwarotimi Akeredolu (SAN)&lt;br /&gt;* Mrs. Betty Mould Iddrisu&lt;br /&gt;* Mr. Ibrahim Eddy Mark&lt;br /&gt;* Mrs. Boma Ozobia - Chair of LOC &amp; Chair Finance &amp; Sponsorship Committee&lt;br /&gt;* Prof Ameze Guobadia - Chair Papers Committee&lt;br /&gt;* Mr. Joe Gadzama SAN - Chair Social Committee&lt;br /&gt;* Mr. Roland Ewubare&lt;br /&gt;* Mrs. Aisha Waziri Umar&lt;br /&gt;* Mr. Kwame Tetteh&lt;br /&gt;* Justice Barbara Ackah Yensu&lt;br /&gt;* Mr. Paul T-Oki&lt;br /&gt;&lt;br /&gt;The keynote Speakers included; &lt;br /&gt;* Mr. Roland Ewubare, Nigeria&lt;br /&gt;* Mrs. Maryam Uwais, Nigeria&lt;br /&gt;* Mr. Temisan raymond Omatseye, Nigeria&lt;br /&gt;* Mr. Chidi Ilogu, Nigeria&lt;br /&gt;* Mr. Olayode Delano, Nigeria&lt;br /&gt;&lt;br /&gt;Below are some of the pictures taken during the Conference.&lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://1.bp.blogspot.com/_q3RCOyrH21M/S8cpXX7-H1I/AAAAAAAAABU/pmBZVjx44fs/s1600/DSC_4921.JPG"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 320px; height: 214px;" src="http://1.bp.blogspot.com/_q3RCOyrH21M/S8cpXX7-H1I/AAAAAAAAABU/pmBZVjx44fs/s320/DSC_4921.JPG" border="0" alt=""id="BLOGGER_PHOTO_ID_5460378554749296466" /&gt;&lt;/a&gt;&lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://1.bp.blogspot.com/_q3RCOyrH21M/S8crt1-0aOI/AAAAAAAAABc/MFYHYsuxx1g/s1600/DSC_4924.JPG"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 320px; height: 214px;" src="http://1.bp.blogspot.com/_q3RCOyrH21M/S8crt1-0aOI/AAAAAAAAABc/MFYHYsuxx1g/s320/DSC_4924.JPG" border="0" alt=""id="BLOGGER_PHOTO_ID_5460381139794684130" /&gt;&lt;/a&gt;&lt;br /&gt;Middle - Layi Babatunde (SAN)&lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://3.bp.blogspot.com/_q3RCOyrH21M/S8cwqbFMVrI/AAAAAAAAABs/mAldS7NHIbY/s1600/DSC_4941.JPG"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 320px; height: 214px;" src="http://3.bp.blogspot.com/_q3RCOyrH21M/S8cwqbFMVrI/AAAAAAAAABs/mAldS7NHIbY/s320/DSC_4941.JPG" border="0" alt=""id="BLOGGER_PHOTO_ID_5460386578592192178" /&gt;&lt;/a&gt;&lt;br /&gt;&lt;br /&gt;&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://1.bp.blogspot.com/_q3RCOyrH21M/S8c28NRbwzI/AAAAAAAAAB0/U--dzO4As8w/s1600/DSC_5033.JPG"&gt;&lt;img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 214px; height: 320px;" src="http://1.bp.blogspot.com/_q3RCOyrH21M/S8c28NRbwzI/AAAAAAAAAB0/U--dzO4As8w/s320/DSC_5033.JPG" border="0" alt=""id="BLOGGER_PHOTO_ID_5460393481192850226" /&gt;&lt;/a&gt;&lt;br /&gt;Left- My wife, Joke Babatunde&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/6045929998861453253-9002355319709517453?l=layibabatunde-san.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://layibabatunde-san.blogspot.com/feeds/9002355319709517453/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://layibabatunde-san.blogspot.com/2010/04/commonwealth-regional-law-conference.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/6045929998861453253/posts/default/9002355319709517453'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/6045929998861453253/posts/default/9002355319709517453'/><link rel='alternate' type='text/html' href='http://layibabatunde-san.blogspot.com/2010/04/commonwealth-regional-law-conference.html' title='The Commonwealth Regional Law Conference 2010.'/><author><name>'Layi Babatunde LL.B, B.L, SAN, FCTI, MNIM</name><uri>http://www.blogger.com/profile/08155953811836435671</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='23' height='32' src='http://3.bp.blogspot.com/_q3RCOyrH21M/TNPalWIItqI/AAAAAAAAAEk/A_a75cLfy9I/S220/Picture+014.JPG'/></author><media:thumbnail xmlns:media='http://search.yahoo.com/mrss/' url='http://1.bp.blogspot.com/_q3RCOyrH21M/S8cpXX7-H1I/AAAAAAAAABU/pmBZVjx44fs/s72-c/DSC_4921.JPG' height='72' width='72'/><thr:total>0</thr:total></entry></feed>
