A Class Action Against MTN

Courtesy:the nationonlineng.net

I received this mail today and I thought to share with my MON readers. What do you think?

Class Action according to Black's Law Dictionary means "A lawsuit in which the Court authorizes a single person or a small group of people to represent the interest of a larger group.

This type of action is provided for under Nigeria's Civil Procedure and it is provided for under the Rules of Courts.

Impersonating a Lawyer

The Nigerian Bar Association has inaugurated a committee to address the issue of impersonation in the Legal community.

There are several reported cases of individuals who represented to the Court that they were Lawyers. This illegal act was reported in Lagos, Abuja, Warri and other parts of Nigeria.

An Exception on bar to Practice as a Legal Practitioner in Nigeria

Courtesy: Vanguardngr.com

The general rule is that a person can only practice as a Legal Practitioner in Nigeria only upon enrollment of his or her name at the Supreme Court of Nigeria.

A Legal Practitioner is a person entitled in accordance with the provisions of the Legal Practitioners Act (LPA) 1975, CAP L.11 Laws of the Federation, 2004, to practice as a Barrister or as a Solicitor, either generally or for the purposes of any particular office or proceedings.

Hence, a person must be qualified as a Lawyer to practice as a Barrister or Solicitor in Nigeria.

Section 2(1) Legal Practitioners Act provides that “a person shall be entitled to practice as a Barrister and a Solicitor if and only if his name is on the roll”

We Didn't Legalise Child Marriage.

Sequel to the issue of child marriage, there has been several reports regarding the decision of the National Assembly reached on Wednesday 17th July, 2013.

Read:

http://bit.ly/15gqcbT

allAfrica.com: Nigeria: We Didn't Legalise Child Marriage, Say Senators (Page 1 of 2)

Nigerian Lawmakers Top Salaries Chart

I think the National Assembly should address the issue of their salaries in the ongoing Constitution amendment. Note though, that this doesn't change the fact that a proposal for a reduction can easily be voted against.

Read the Report below.
allAfrica.com: Nigerian Lawmakers Top Salaries Chart (Page 1 of 2)

Child Marriage

Courtesy: Google/ image 41.com

There has been an ongoing constitution amendment at the National Assembly. One of the provisions which came up for deliberation at the Senate, an arm of the National Assembly, was the deletion of Section 29 (4) of the constitution on grounds that it allows child marriage in Nigeria.

Passengers Bill of Rights

In March 2012, the Nigeria Civil Aviation Authority published a Notice of Proposed Rule Making in respect of the Nigeria Civil Aviation Regulation to provide for the Passengers Bill of Rights. The proposal was circulated to stakeholders in the sector.

On Thursday 11 July 2013, the Director-General, Nigerian Civil Aviation Authority, Dr. Fola Akinkuotu, announced to the public that the Passengers Bill of Rights will take effect by the end of July 2013.

Stand Your Ground

Stand Your Ground is a law applicable in the United States of America. The law, if raised in a criminal trial , may exonerate an  accused person from conviction for a felony.

Spousal Privilege in Criminal Cases

Courtesy: Zawaj.com

The general principle of law of giving oral evidence in court is that every person is a competent witness. This is provided for under Section 175 of the Evidence Act 2011, Laws of Nigeria.

However, a person can be prevented from testifying in court if the court considers that such a person is incapable of understanding the questions put to him, or the person is unable to give rational answers to questions asked by reason of being a child, a person of extreme old age; such as in the case of senility, by reason of any disease of mind or body or any other cause of the same mind.

Jonathan approves appointment of Kekere-Ekun as Supreme Court justice - Premium Times Nigeria

Jonathan approves appointment of Kekere-Ekun as Supreme Court justice - Premium Times Nigeria

Shortlisted Names for the Award of Senior Advocates of Nigeria 2013/2014

Courtesy: Vanguardngr.com

Below are the names of 43 candidates shortlisted by the Supreme Court of Nigeria for the conferment of SAN.

Shortlisted candidates will appear before a panel on the 15th and 16th of July for an interview.

The general public can send in their comments on the integrity, reputation and competence of the candidates. Such comments should be addressed to the Chief Registrar of the Supreme Court.

The criteria for the conferment of Senior Advocates of Nigeria are enumerated here.

Report of the House of Representative on Constitution Review

The ad-hoc Committee of the House of Representatives presented its report on the review of the 1999 constitution. Its report advocates the removal of immunity clause in the constitution which prevents the prosecution of the President, Vice President, Governor and Deputy Governor.

Section 308 of the 1999 Constitution of the Federal Republic of Nigeria provides:

Senate to Vote on Constitution Review Suspended

See report

Hope they will not jettison the State Police recommendation. As rightly observed by Femi Falana, SAN, there are already in operation several units parading as security outfits in the Country. Each State's control of the Police Force would encourage an effective administration of the police.

Of course, there's still the issue of the State Police being subject to Governors' control but we all know the Nigerian Police as it is, is already subject to presidential control.

So, it's a matter of funding. Set up State Security Funds and the people know that they are funding the Police. This may or may not guarantee their independence, right?

SSS parades suspected kidnappers of Supreme Court Judge’s wife, daughter, driver - Premium Times Nigeria

SSS parades suspected kidnappers of Supreme Court Judge’s wife, daughter, driver - Premium Times Nigeria

This is good, I guess!

JURIST - Forum: African Court Finds Tanzania's Constitution Violates the Rights of Political Candidates

JURIST - Forum: African Court Finds Tanzania's Constitution Violates the Rights of Political Candidates

12 Months in Prison for Theft of N1500

http://t.co/24aSCEvNE1

What do you think? Do you think the punishment was too harsh? or is it justified?

Nigeria to Pass Law on Domestic Violence

Very necessary!

http://t.co/XX2gw5ra2N