The Role Of Lawyers In Nigeria: Defining The Relevance Of A Legal Practitioner In Nigeria – Miebaka Godslight Koko Jnr

The Role Of Lawyers In Nigeria: Defining The Relevance Of A Legal Practitioner In Nigeria


This essay attempts to examine, outline, appraise and appreciate the person of a lawyer in nation building in Nigeria. A Lawyer is one who is knowledgeable in law, one who studied and practices law as an advocate or solicitor.

The word Lawyer is a conative from the word Law. Law has been defined differently. It could mean a filed of study, it could mean a profession or an authoritative rule guiding and governing the affairs of people in the society. In this context, we refer to it as a PROFESSION.

It is one enviable, honourable, revered, admired and reputable profession that leaves a person who studies or studied it with an experienced, well groomed and learned mind. It does not stop at doing this but it also sharpens, moulds, and grooms a person in character.

The reason why it is referred to as one profession that builds those who study it in learning(mind, intellect, cognition) and character(demeanor, behaviour, conducts and act). Law as a concept is a rule that exists to regulate conducts of men in the society. Law makes not only the nation but the world a better place. It is the hope of every common man.

It leaves the society in a state of orderliness, peace, tranquility free from anarchy, lawlessness and savagery. The importance of law in the society cannot be overemphasized, as law initiates order, law institutes order which brings peace and aids an efficient running of the society, school, churches, organizations etc. You can find laws, different rules, Rules of Profession, customs and even moral codes guiding and directing the affairs of men in the society as they live their lives and operate in such place, profession etc.

If there was no law, the society and its components will suffer owing to the fact that every man has an interest, such an interest might be good or bad and 95% of this specie called Man can go to any length to satisfy his needs, desires and interest. This idea was well buried in Thomas Hobbes’ Theory, an English philosopher who in his popular and influential work; LEVIATHAN gave a descriptive picture of what life will look like without law “LIFE WILL BE SOLITARY, POOR, NASTY, BRUTISH, and SHORT”.

A lawyer is one whom people seek legal advice from or make consultations as to what obtains or does not obtain, what is proper and improper, what is right and wrong, what is legal or illegal, what is legitimate or illegitimate.

People approach a lawyer when making agreements, when venturing into a business, when taking decisions etc. People see lawyers as demi gods, as everyone believes a lawyer to know it all and to always be right owing to the fact that a lawyer knows what is right thus, you won’t find such a person doing what is wrong.


The conferment of the status of a lawyer on a person who studied law and has been called to the bar is an ancient practice that has existed long before this time; it is as Old as the biblical days owing to the fact that we had sound lawyers who were referred to as Scribes in the Bible(People who are knowledgeable in law).

We had the likes of Ezra, Apostle Paul and Zenas The first Christian recognized lawyer. The World at large had it’s first lawyer in Cornelia Sorabji (15 November 1866 – 6 July 1954) an Indian lawyer, social reformer and writer who became the world’s first lawyer. Also In Nigeria, The first Nigerian to study law and be called to the English Bar was Christopher Alexander Sapara Williams (14 July 1855 – 15 March 1915).

The first indigenous Nigerian lawyer, called to the English bar on 17 November 1879. These persons flowing from Zenas the biblical lawyer who always represented Apostle Paul using his knowledge of the law to protect Apostle Paul, Christians and the gospel of Christ to Cornelia and to Sapara Williams all played a key and vital role in nation building. They made useful impact and made sure Justice is upheld as that is the primal focus of the law.

Who is a Lawyer?

One who lectures is a lecturer, one who teaches is a teacher, one who sings is a singer, one who plays football a footballer this also applies to regarding or referring to one who studied and practices law in court or anywhere; a lawyer. A lawyer is one knowledgeable in the theoretical and practical aspect of law.

A lawyer is one who knows the law. lawyer, one trained and licensed to prepare, manage, and either prosecute or defend a court action as an agent for another and who also gives advice on legal matters that may or may not require court action. A lawyer is a learned mind. A lawyer is a counsel.

A lawyer is one who can define what is legal or illegal. In Nigeria, Lawyer is the general name for someone who studied law and has been called to the Nigerian Bar. Such a person who is a lawyer can be an Attorney or Advocate as he will advise and represent people (clients) in legal matters in court.

He can also be a Solicitor with the traditional role of offering services to clients without representing them in court, they usually practice out of court, they do more of documentations and corporate practice.

They are not the “Court going type of lawyers”. Nigeria as a country has produced good, sound, active and outstanding lawyers who have sound mind and reasoning, lawyers who have died in course of doing Justice, lawyers who upheld the Cardinals of Justice, lawyers who have made useful impacts in the legal profession and have by their acts imprinted their names in the sands of time.

The role of Lawyers in Nigeria and nation building can be evidently seen as Nigeria has produced and is still producing quintessential lawyers who made and is making useful impacts in the legal profession either at the academic area, at the bar and at the bench.


A lot of persons have made useful impacts in the academic area of the legal profession we have the likes of Prof. Damilola Olawuiyi, The Youngest Professor of Law and The Youngest and first person who attained the rank of Senior Advocate of Nigeria at age 32. Olawuyi has practised and taught law in more than 50 countries across five continents (Africa, Asia, Australia, Europe and North America). He has served as a visiting professor at Columbia Law School, New York, US and senior visiting research fellow at the Oxford Institute for Energy Studies, UK.

The jurist was also a visiting professor to the China University of Political Science and Law. In 2015, the scholar was promoted to the rank of full professor of law at Afe Babalola University, Ado Ekiti, at the age of 32 years, making him one of the youngest full professors of law in Nigeria. His law career began at 21 when he was awarded overall best graduating student at Igbinedion University, Okada, Edo state, in 2005.

In 2006, he proceeded to the Nigerian Law School where he obtained first-class honours after which he obtained two masters degrees from Calgary and Harvard.He bagged a Doctor of Philosophy in Law degree at Keble College, University of Oxford, the UK, in 2013.

And was later made a professor of law. he is the current Deputy Vice Chancellor of Afe Babalola University. The jurist has published two books; Extractives Industry Law in Africa (2018) and The Human Rights-Based Approach to Carbon Finance (2016). The scholar is currently the vice-chairman of the International Law Association. his epoch and commendable feats in the legal profession moved alot of students to success as they all wished to be just like him. He played a key role in Nigeria and even outside Nigeria by making useful and positive impact in the legal profession.


At the Bar, we have the likes of Chief Ganni Fawehinmi(SAN) A sound Human Rights Activist and Lawyer. Fawehinmi gained prominence when he took on the case of a factory worker, Bala Abashe who alleged that the Secretary to the government of Benue-Plateau State, Andrew Obeya had an affair with his wife. Abashe then sued Obeya for assault and damages for adultery.

Fawehinmi took on the case as a pro bono lawyer for Abashe while the state government stood behind their official. Efforts were made for Fawehinmi to drop the case, when that failed, Obeya was forced to resign. However, Fawehinmi was detained for nine months. The publicity of the case improved the exposure of his law practice. From 1971 to 1973, he was the national publicity secretary of the Nigerian Bar Association.

However, in 1981, Fawehinmi was queried by a disciplinary committee and told to explain himself within fourteen days why he was touting himself through advertisements in a weekly publication contrary to the ethics of the bar. In the case, Legal Practitioners Disciplinary Committee (LPDC).

Chief Gani Fawehinmi (1985) the Supreme Court upheld the Appeal Court judgement rendering the LPDC’s proceedings against Chief Fawehinmi ineffective on the basis that the constitution of the LPDC with the Attorney-General as Chairman made him accuser, prosecutor and judge at the same time which breached the principles of natural justice and therefore Chief Fawehinmi’s right to fair hearing.

The judgement led to an amendment of the Legal Practitioners’ Act 1975. How so also the founder and puboishedr of Nigerian Weekly Law Reports . Chief Ganni was hated by politicians for his guts. He stood for truth, Justice and equity, he was never a tool for societal destruction or a tool to be used by politicans but he was a tool for social restructuring.

An eminent lawyer and Senior Advocate of Nigeria who was also a human right activist, who stood for wat was right and shunned what was wrong. For reasons of this nature, he was detained but he kept on fighting for the good of Nigerian citizens and the nation. Ganni was one lawyer who imprinted his name in the sands of time and he can never be forgotten in yearsz decades, centuries and till the end of the world.


Nigeria’s Legal Profession is made up of two sets of people who practices law in a court setting. They comprise of the Bar(Lawyers, Advocates comprising of the Attorneys General, Body Of Benchers, Senior Advocates and Esquires) and the Bench comprising of (Magistrates,Judges and Justices).

In Nigeria, it is trite practice that a person who desires to rise from the bench must have had a good strolls or perusal through the bar. He must have first practiced as a lawyer before he can be made a judge. Nobody is called to the Nigerian bar and is made a judge the next day after call to bar.

Such a person just have had a good practice as a lawyer before he can be made a judge as there are numerous requirements to be fulfilled by one who desires to be a judge. In Nigeria, one who desires to be a Magistrate must have practice as an advocate in court for 3years and after. One who desires to be a judge at the high court level must have practiced as an advocate for 10 years and after. One who desires to be a justice at the court of appeal level must have practiced as an advocate for 12years and after. One who desires to be a Supreme Court Justice must have practiced law for 15years and after.

Nigeria has produced eminent and revered justices and judges but there is one Justice who even in death is still touching lives, one whom his dictums lifts the spirit of every law student and lawyer and connects them with the law, one who his dictums is a mixture of philosophy, wisdom, scriptures and the law. One who gave key judgements and introduced new principles of law in well celebrated cases. One who is the best amongst the best. He was referred to as the SOCRATES OF THE NIGERIAN COURTS. The Igbo Born Learned Silk; His Lordship, The Late Hon.Justice Chukwudifu Akunne Oputa (JSC) OFR.

He was one judge who spent 6years at the Supreme Court Of Nigeria as an Adjudicator before his retirement, within these little space of time, he made a difference, he did alot that his predecessors and his peers were unable to do. He gave sound judgements, upheld the cause of Justice, made positive impacts in the legal profession and in Nigeria. One of his sound dictums is evidentially seen as buried in the well celebrated case of JOSIAH .V. STATE where he described Justice in a Triplate form.

Justice Oputa’s works and doings was seen and commended by every reasonable man to the extent that even after his retirement.

The then President Olusegun Obasanjo who was elected in 1999 created a panel called The Human Rights Violations Investigation Commission of Nigeria, also known as the Oputa Panel, a commission that was developed following the collapse of the military dictatorship that controlled Nigeria until 1998.

Its mandate was to investigate human rights during the period of military rule from 1984 to 1999. In terms of reconciliation, the commission also worked towards unifying communities previously in conflict. This panel was headed by Late Hon. Justice Chukwudifu Akunne Oputa (JSC). No doubt, every law student and lawyer is a lover of OPUTA (JSC).

The big question, WHAT IS THE ROLE OF LAWYERS IN NIGERIA suggests the duties of a lawyer, the positive changes a lawyer can effect into the Nigerian society through his knowledge of the law.

Generally, the role of lawyer is to interprete the law as he is a part of the judiciary as LORD BACON stated that the role of a lawyer is JUS DICERE and not JUS DARE (to state and interprete the law and not make them), another role is to represent counsels in court and profer legal advise to them. Moreso, The role of a lawyer  is beyond this general role, The role of a lawyer is NATION BUILDING, SOCIAL RESTRUCTURING, SOCIAL ENGINEERING through the knowledge of the law.

DEAN ROSCOE POUND; The Key Proponent of the The Sociological School Of Law describe Law as ” A Tool for Social Engineering”. Thus, A Lawyer is a Social Engineer, A Social Restructurer and A Nation Builder. This is evidently seen as numerous lawyers have changed alot of misconceptions, stood for truth, upheld the course of justice,fought for the good of people and the nation.

In the well celebrated United States Of America case STATE OF CONNECTICUT .V. SPELLS where a black Negro was wrong accused of rape and lawyers like Sam Friedman and Thurgood Marshall represented the accused Spells who was later acquitted and found innocent by he jury.

Spellas who have died for a crime he knew nothing of but these layers saved his life. Also in the case of BROWN .V. THE BOARD OF EDUCATION TOPEKA ; Thurgood Marshall fought earnestly in court as he used his knowledge of he law and expertise in practice to protect a black negro who was discriminated by the whites on grounds of his skin colou.

He made them outlaw any form of discrimination in public schools. Thurgood Marshall made useful impacts and played key role in the legal profession to the extent that he was made a Justice of United States Of America Supreme Court and became the first African to assume that position.

He was the best lawyer and legal giant at that time, he was even recognized by the African activist Rev. Dr. Martin Luther King Jr. telegrammed him writing “You have proven to be a giant in your profession, your landmarks has been our significant epochs of our time”.  Lawyers makes the world a better place. They register businesses, fight against injustice etc.


The role of a lawyer are numerous, inter-alia, a lawyer is that one person who makes the world a safe place for the efficient running of activities, the efficient running of the country and the protection of human life and rights from any form of violation.

A lawyer aids people in making the right decision, decisions that will not be disastrous to them or the society. The role of a lawyer in Nigeria cannot be overemphasized as they play a key and vital role in Nation building as evidently shown and proven in the body of this essay.

Image Credit: Businessday NG

About Author

Miebaka God’slight Koko Jr is a Law Student, Public Speaker, Author and Children Teacher.

Essential Steps to Take Before Hiring a Legal Service Provider

Essential Steps to Take Before Hiring a Legal Service Provider

Taking the right steps before hiring a legal service provider is crucial when seeking legal assistance. Whether you’re facing a family law matter, a personal injury case, or need assistance with business law, this article will guide you through the essential steps to ensure you find the right lawyer for your corporate legal services.

By following these steps, you can make an informed decision and increase your chances of a successful outcome.

1. Identify Your Legal Needs

It’s essential to identify your legal needs before you search for a legal service provider. Determine the area of law that your case falls under, such as family law, personal injury, or business law.

By understanding your legal requirements, you can narrow down your search. This will help you focus on finding a lawyer with the expertise and experience necessary to handle your case effectively.

2. Research and Gather Information

Thorough research is critical to finding the right legal service provider. Utilize online resources like legal directories, law firm websites, and online reviews to gather information about potential lawyers.

Take note of their qualifications, experience, and reputation. Also, seek recommendations from trusted sources, such as friends, family members, or professionals. These people have had positive experiences with lawyers in your desired practice area.

3. Assess Experience and Specialization

Assessing a legal service provider’s experience and specialization is essential. Look for lawyers who have significant experience in handling cases like yours.

A track record of success and a deep understanding of the relevant legal principles and procedures are crucial. Choosing a lawyer with the right specialization ensures they have the knowledge and skills to navigate your legal situation.

4. Check Credentials and Licenses

Verifying the credentials and licenses of the legal service providers you’re considering is essential. Ensure that they are qualified and authorized to practice law in your jurisdiction.

Check if they are registered with the local bar association or relevant regulatory bodies. This step confirms that you work with a legitimate and reputable legal professional.

4. Schedule Initial Consultations

Arranging initial consultations with the legal service providers you’re interested in is highly recommended. Many lawyers offer free initial meetings or consultations.

Take advantage of this opportunity to discuss your case, ask relevant questions, and assess your comfort level working with the lawyer. Pay attention to their communication style, responsiveness, and ability to address your concerns.

5. Discuss Fees and Payment Structure

It’s essential to inquire about the lawyer’s fees and payment structure during the initial consultation. Understand how they bill for their services, whether it’s an hourly rate, a flat fee, or a contingency fee arrangement.

Discuss additional costs, such as court filing or expert witness fees. A clear understanding of the financial aspects of hiring a legal service provider is crucial.

Building a strong working relationship with your legal service provider is essential. Assess the compatibility and trust factor during the initial consultation and subsequent interactions.

Trust your instincts and choose a lawyer for corporate legal services with whom you feel comfortable discussing sensitive matters and sharing personal information. A positive lawyer-client relationship is vital for a successful legal journey.

Talentport: A Gateway to High-Paying Remote Jobs Abroad

Talentport: A Gateway to High-Paying Remote Jobs Abroad

Are you feeling bored with your current 9-to-5 job that pays only minimum wage?

If you are looking for a flexible and high-paying job abroad, then it’s time to explore Talentport.

This job portal offers remote jobs from overseas and is suitable for experienced professionals, fresh graduates, and even senior students.

This article will explain what Talentport is and how to apply for its job vacancies from home.

What is Talentport?

Talentport is a remote job site that provides job vacancies from overseas, specifically for Southeast Asian countries. If you dream of working for an international company but hesitate because you have to move abroad, Talentport can offer you remote jobs from anywhere.

This means you can stay with your loved ones while securing your career and earning a brilliant salary. Here are more details about Talentport:

Jobs Can be Done Anywhere

Talentport offers remote jobs from overseas, so you don’t have to worry about moving away from your family and friends. With Talentport, you can apply for job vacancies from international companies that allow remote working.

This means you can work from anywhere while staying connected to your loved ones.

Coaching from Talented Experts

Talentport not only offers job vacancies from international companies but also provides coaching sessions to improve your professional skills. To get this coaching, you need to pass the initial screening stage. Once you pass, you will receive various information to upgrade your professional skills.

With Talentport, you don’t need to apply to various companies, instead, these companies will contact you as their best candidate. Coaching sessions will be provided by a trusted and talented team in their respective fields.

Therefore, besides getting a chance to work for international companies remotely, you will also get a vast and professional network.

Easy Application Process

Applying for a job vacancy from an international company may seem daunting and complicated.

However, with Talentport, you can get accepted for a job in just 2-3 weeks after applying. Moreover, the application process is similar to a regular job application.

Guaranteed Employee Rights

Each country has different regulations regarding employee rights. Talentport ensures that all job candidates who apply through their platform will receive their respective employee rights.

Talentport adheres to the regulations of Indonesia and Singapore and offers a competitive remuneration package for candidates.

Types of Jobs on Talentport

Talentport offers four job categories: Software Engineering, Creative Marketing, Digital Marketing, and Business Development & Sales. These categories are in high demand among international companies.

Let’s explore each category in detail:

Software Engineering

Are you interested in working as a UI/UX Designer, Full-Stack Developer, Front-End, or Back-End Engineer? You can expand your career by becoming part of Talentport and getting the chance to work with top-tier international companies.

Creative Marketing

As technology advances, we can access an unlimited amount of content from companies worldwide, including Paris, London, Pakistan, and other countries. However, the content creators may not necessarily be from those countries. As long as you understand the product knowledge of the company and can create engaging content, the product’s engagement and sales can increase.

Therefore, if you love working as a Content Creator, Video Editor, or Graphic Designer, you can broaden your career opportunities as a creative marketing expert for international companies.

Digital Marketing

The development of technology has changed the way companies do their marketing. Digital Marketing has become an essential part of business, and companies need experts in this field to reach their target market effectively who specialize in Performance Marketing, Social Media Marketing, Search Engine Optimization, and Customer Retention Marketing.

These job opportunities are abundant, particularly for those who wish to work for world-class companies. Talentport offers the perfect platform for those who are interested in pursuing a career in Digital Marketing.

Business Development and Sales

Business Development, Sales, and Partnership Development are jobs that can be done from anywhere in the world to achieve target work goals. Many foreign companies are searching for candidates from Indonesia to fill these positions, and Talentport provides a convenient avenue for job seekers to find employment in these fields.

How to Apply for Jobs at Talentport

Applying to Talentport is an easy process. Job seekers only need to fill out a form that includes their personal information, which Talentport will use to tailor job vacancies and find a company that matches their qualifications. Some of the required information includes full name, active email address, active phone number, nationality, highest education level, current education status, and previous educational background.

Additionally, applicants must provide details regarding their certification tools, preferred job category (tech or non-tech), desired working hours, current and expected salary, availability, resume, and portfolio attachments.

After Talentport’s selection process, candidates will undergo an online test. Those who pass the online test and the analysis test will have a chance to interview with Talentport’s team.

The final stage of the selection process is the interview with the hiring company. Additional selection tests may also be required depending on the position applied for.

Start Your Global Career Now

Talentport provides an excellent opportunity for those who seek to work remotely in the tech industry and start their global career. With the current trend of remote work and digital transformation, there is a high demand for tech talents, and Talentport offers a platform to connect them with global companies that value their skills and expertise.

By joining Talentport and applying for remote tech jobs, you can expand your career opportunities, work with international teams, and gain valuable experience that will set you apart in the competitive job market. So take your first step and apply now to make your journey toward a fulfilling and successful career in the tech industry.

Premise In Legal Reasoning – Chukwuma Promise

Premise In Legal Reasoning

In legal reasoning, a premise refers to “a statement or proposition that serves as a basis for an argument or conclusion, it is a proposition that is assumed or accepted as true in order to support a conclusion that is being made”.

In legal reasoning, premises can take many forms, including legal rules, facts, evidence, and policy considerations. For example, in a legal argument about whether a defendant is guilty of a crime, the premises might include the ELEMENTS of the crime, the TESTIMONY of witnesses, and PHYSICAL EVIDENCE presented at trial.

These premises, when combined with legal reasoning and analysis, are used to support a conclusion about the guilt or innocence of the defendant.

Premises are essential to legal reasoning because they provide the foundation upon which legal arguments are built. They are the building blocks of logical arguments, and they serve as the foundation upon which conclusions or inferences are drawn.

In legal reasoning, premises are the legal principles, rules, or facts that are used to support a legal argument or analysis.

1,    A premise in a legal argument might be a legal principle that states that a person is presumed innocent until proven guilty.

This premise would then be used to support the argument that a defendant in a criminal case should not be convicted unless the prosecution can prove their guilt beyond a reasonable doubt.

2,      Also, a premise in a legal argument might be a legal principle that states that all contracts must be written in order to be enforceable.

This premise would then be used to support the argument that a contract between two parties is not valid and enforceable hence it isn’t in a written format.

In conclusion, it is important for lawyers and judges to carefully evaluate and scrutinize the premises in legal arguments to ensure that they are reliable and relevant to the legal issue at hand. This is done through legal research, analysis of case law, and consideration of relevant statutes and regulations.

By carefully examining the premises and ensuring their accuracy and relevance, lawyers and judges can arrive at sound legal conclusions and decisions.

About Author

Promise Chukwuma
Law Student || Public Speaker || Writer
Student at Rivers State University Nigeria

Does A Governor Of A State Possess Statutory Power To Declare Public Holiday In His State? – Udoh, Florence Ignatius

Does A Governor Of A State Possess Statutory Power To Declare Public Holiday In His State?

The declaration of 2nd of May 2023, by the incumbent governor of Rivers State, His Excellency, Gov Nyesom Ezenwo Wike via a statewide broadcast has created a media based tug of war as to the power of a governor to declare a public holiday.

While some (myself inclusive)  received this news with gratitude and showered encomiums on his excellency, others aren’t having it, as there have been lots of holidays already and people just resumed their various endeavours after the just concluded international worker’s day holiday, hence their displeasure with the impromptu declaration of a public holiday due to the bust of the “President Elect” (Bola Ahmed Tinibu) for the commission of a project. A reason which most of them tag “bizarre”. 

This has left pending questions on the minds of  citizens and non citizens alike begging for answers.  Thus this article is aimed at giving answers to this pending prayer.

Before delving into the aforementioned question, it is pertinent to highlight the meaning of the phrase Holiday.

What is a Holiday?

The Merriam Webster dictionary defines the word Holiday as a day in which one is exempt from work, specifically a day marked by a general suspension of work in commemoration of an event. 

Furthermore in the case of KAIGAMA v. NEC (1993) 3 NWLR (Pt.284) 681 & Ors, “holiday” is defined as a ‘day which is a Sunday or a public holiday”. 

Section 2(3) of the Public Holidays Act Cap P.40, Laws of the Federation of Nigeria, recognizes only the days listed in the schedule to the Act as ”Public Holidays’.  “Per, GALADIMA, J.S.C (P. 41, paras. A-B). Quote from the Supreme Court’s judgement in the case ONYEKWULUJE & ANOR v. BENUE STATE GOVT & ORS (2015) LPELR-24780(SC).

Deduced from the foregoing, Public Holiday in Nigeria and in any part of Nigeria is under the Public Holiday Act, thus it is an issue in the exclusive legislative list, so state legislatures cannot make laws on public holidays. It is only the federal legislature (National Assembly) that can make laws on public holidays in Nigeria or in any state or part in Nigeria.

Therefore it is a General rule, that matters within the exclusive legislative list of the constitution of Nigeria, are federal matters. As such, they are above the powers of any state government in Nigeria.

Public Holidays Act 1979

The Public Holidays Act 1979, is a federal legislation that provides for all public holidays in Nigeria and in any part of Nigeria.

The said legislation empowers the President of Nigeria to declare any special day as a public holiday across Nigeria or in any part of Nigeria. Section 2(1)(2) Public Holidays Act also empowers a state Governor to declare any special day as a public holiday in his state or any part of his state.

Drawing credence from the above proposition as to whether a governor of the state possess the legal power to declare a public holiday in his state, it is my submission therefore that although by  Section 2(2) of the Public Holidays Act, the Governor of any state is vested with the power to appoint a special day for the observation of a Holiday so far as it does not conflict with that of the President of Nigeria, any state law on public holidays (whether for founders’ day or state creation day) is illegal, unconstitutional and contrary to the constitution of Nigeria and consequently invalid.


In view of the above, it is glaring that the Public Holidays Act pulls the rope of the tug of war to the end position that the governor of a state possesses the power to declare a public holiday in his state.

However, this does not by any stretch of imagination empower any state House of Assembly to enact laws on public holidays. Therefore long story short, His Excellency Gov Nyesom Ezenwo Wike has the Legal powers to Declare a Public Holiday in the State.

Image Credit: The Nation Newspaper

About Author

Udoh, Florence Ignatius is a 300 Level Student of Law at the Rivers State University. Her aim is to enhance her writing capacity on trending legal issues of law.

Udoh, Florence Ignatius

Top Litigation Law Firm in Lagos, Nigeria – Olisa Agbakoba Legal

Litigation Law Firm

Litigation is a legal action between two or more parties. Each party in a suit presents its case before the court to get a favourable judgment. A case before a court can be either civil or criminal. And parties to the suit may seek legal or equitable remedies, or both.

Litigation is one of the most predominant areas of law in Lagos, Nigeria. And being successful in your case begins with getting the right counsel to represent you. Olisa Agbakoba Legal (OAL) is a top litigation Law Firm in Nigeria.

Olisa Agbakoba Legal

Olisa Agbakoba Legal (OAL) is a leading world class legal solutions provider with clients in diverse sectors of the Nigerian and international economy.

Our team of specialised and well-respected dispute resolution lawyers have a four-decade history of resolving complex cases.

We advise every type of dispute resolution/litigation ranging from straightforward claims to complex commercial disputes requiring the skill of proficiency. We ensure that disputes are resolved efficiently as to time, result and cost.

We advise on disputes in the following areas of law:

  • Alternative Dispute Resolution
  • Administrative & Public
  • Banking
  • Commercial Litigation
  • Compliance and Regulatory
  • Development
  • Energy
  • Labour
  • Maritime & Shipping
  • Oil & Gas
  • Public Interest

Our litigation team routinely advises the Federal and State Government, Ministries, and Government Agencies.

Our advisory prowess extends to a diverse sector and industry, including but not limited to the banking and financial sector, shipping and maritime industry, insurance, retail and trade, property and construction, probate, energy and telecommunications industries.

OAL’S proficiency lies in our hard work and tenacity to get the job done, notwithstanding the case’s intricacies and obstacles. We are ranked and known as one of the top law firms in Nigeria and the ‘Go to’ law firm for dispute resolution.

We are also skilled at other alternate dispute resolutions such as mediation and conciliation. We operate a private Arbitration Centre from our corporate office located in Ikoyi, Lagos, with Dr Agbakoba SAN as the team lead.

Consult Olisa Agbakoba Legal

Click here to get in touch with Olisa Agbakoba Legal (OAL)

Ikoyi Lagos Address

10A Ilabere Street, Ikoyi, Lagos

Apapa Lagos Address

Maritime Complex, 34 Creek Road, Apapa, Lagos.

Image Credit: Federal High Court

Insurance Company Tactics You Need to Know

Insurance Company Tactics You Need to Know

It’s easy to assume that a workers’ compensation insurance company will do everything possible to care for you as an injured worker. After all, your employer pays premiums for protection, so you expect to receive the help you need when you’ve been injured in the workplace. However, that’s not everyone’s experience with insurance companies, and it’s not uncommon for them to use some of the following tactics to pay less or nothing at all.

Making You Use Their Doctors

Many people looking for legal representation for injured workers ask their chosen lawyer why they haven’t been able to use their family doctor for treatment. Insurance companies often request that you use their doctors to protect themselves from false or misleading claims.

This can be frustrating for some injured workers when they must travel long distances to access the care they need. However, if you read through legal resources, you might learn that you have the right to submit additional medical documents from your regular physician to the insurance company and request transport to a medical exam if required.

Calling to See How You Are

Some injured workers receive phone calls from insurance companies immediately after an accident, with the employee saying that the purpose of their call is to see how they’re doing.

However, they sometimes have an ulterior motive. Some insurance agents call before you’ve had a chance to speak to a doctor or lawyer and encourage you to accept a settlement offer to avoid going to court. While you might want to avoid going to court, your chosen workplace accident lawyer might be able to negotiate a better settlement figure than the one you were initially offered.

Delaying Medical Treatment Approval

Most employees injured at work want to access medical care to get better. However, insurance companies can sometimes make that challenging. You might have recommendations from multiple doctors saying you need treatment or medical care, but insurance companies can request more opinions.

The delay can be frustrating when you’re in pain, but it might also be detrimental to your recovery. The longer you have to wait for insurance to access the medication or surgery you require, the higher the risk might be of an extended recovery time or permanent damage.

Saying Your Injuries Are Pre-Existing

You might assume that no one would dispute your fresh injuries being from the very accident you just reported in the workplace. However, some insurance companies can. If they believe your injury relates to an existing condition, your age, or prior injuries, they might try to avoid paying compensation for treatment and lost wages.

Fortunately, your chosen lawyer can assist with gathering medical reports, witness statements, and evidence to strengthen your case. The more evidence you have, the stronger your case might be and the less likely it might be for an insurance company to deny your claim for this reason.

Insurance companies are there to protect you, but they also want to protect themselves and their interests. Now that you’re aware of the most common tactics and techniques they can use against injured workers, you and your legal team might be in a better position to establish a strong defense and achieve a successful outcome.

3 Things to Do When You Get into a Car Accident

3 Things to Do When You Get into a Car Accident

While car accidents are hopefully not a regular occurrence for you, it’s important to know what to do in the event that you are involved in one. The steps you take immediately following an accident can have a big impact on your health, your insurance claim, and your legal case.

Most of us get panicked during our car accidents, and that’s normal, but instead of losing your cool and panicking over the situation, there are some useful things you can do to make your legal case strong and get compensated fully.

Below in this article, we are going to guide you through this process.

1. Seek Medical Attention Right Away

Even if you don’t think you’re seriously injured, it’s always better to be safe than sorry. So, the best thing you can do is call an ambulance and seek medical attention right away. There are many reasons why you should seek medical attention after a car accident.

For one, your adrenaline will be high, and you may not realize the full extent of your injuries. Second, some injuries, such as whiplash, may not present themselves until days or even weeks after the accident.

By seeking medical attention right away, you can ensure that you get the treatment you need as soon as possible.

2. Consult a Car Accident Lawyer

If you have been seriously injured or your car is damaged enough to file an insurance claim, it is best to call your accident attorney on the spot. They will help you navigate the legal process and ensure that you receive the compensation you deserve.

If you don’t have a car accident lawyer by your side, it is advised to find one as soon as possible who can represent your case in a court of law. Make sure to find a reputed attorney whom you can trust with your case and insurance claim.

Fortunately, Javier Villarreal Law Firm can be of much help during your search for a reliable accident attorney. They have some of the best personal injury lawyers who have the right experience to handle your case and get you the full compensation and insurance claim you deserve.

3. Don’t Give a Statement to Other Party

Most of the time, when you get into an accident, the other party’s insurance provider or injury attorney approaches you to have some written statements or signatures from you on legal documents. While you may not know it, these documents contain legal information that can oust you from your accident claim.

Giving a statement to the other party can be used against you and can complicate the claims process. It’s important to speak with your insurance company first so that they can help guide you through the next steps. If you can’t speak to the insurance company right away, it’s advised to wait for your attorney and channel all communication through them.

They will know how to handle your case and communicate with other parties, so you can get the most benefit out of your case.

Image Source: Pixabay.Com

Why Multinational Companies Do Not Make Nigeria The Venue And Seat Of Arbitration – ONI Oluwatoyin Bamidele

Why Multinational Companies Do Not Make Nigeria The Venue And Seat Of Arbitration

Despite the numerous advantages of Arbitration and ADR to the global economy, Nigeria has steadily witnessed a slow-paced development in the settlement of commercial disputes through arbitration and other ADR mechanisms, majority of the Multinational companies with huge transactions and high-profile Commercial disputes have continually made foreign countries the venue and seat of Arbitration.

Numerous Arbitral proceedings are conducted outside Nigeria even though the commercial disputes occurred in Nigeria. Unfortunately, this has led to low patronage of Nigerian Arbitrators and the increasing volume of arbitrable disputes In Nigeria has not translated into many businesses for Nigerian Arbitrators.

In a bid to foster the growth of arbitration in Nigeria, Numerous legal luminaries have urged businesses and legal practitioners to make Nigeria the seat and venue of arbitration especially where the subject-matter of the dispute is connected to Nigeria.

At the 2022 Annual Conference of the Nigerian Institute of Chartered Arbitrators (NICArb), The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN noted that making Nigeria the seat and venue of Arbitration in commercial agreements would enhance foreign direct investment and further boost the Country’s economy.

While some persons have attributed these concerns to the lack of confidence in Nigerian Arbitrators, it is pertinent to state that there are other reasons why this menace exists.

The major reasons why Multinational Companies do not make Nigeria the seat and venue of Arbitration are:

  1. The ease with which arbitral agreements and awards are dismissed by Nigerian Courts on ground of technicalities;

A classic example of this discouraging circumstance is the decision of the Court of appeal in Mekwunye v. Imoukhuede, it took the intervention of the supreme court to overturn this decision and despite the Supreme court’s decision, it took 12 years between 2007 when the arbitral award was made and 2019 when the Supreme Court finally laid the matter to rest.

In Mekwunye’s case (supra), the Court of Appeal had indeed set aside the Arbitral award based on a minor error on the executed agreement; the arbitration clause had wrongly referred to the appointing authority as “Chartered Institute of Arbitrators, London, Nigeria Branch,” instead of “Chartered Institute of Arbitrators, UK, Nigeria Branch”.

The Court of appeal dismissed the arbitration agreement and the arbitral award on the ground that the name of appointing authority was wrongly written. This decision brought distrust and uncertainties to the future of commercial arbitration in Nigeria as no Company would want to have its commercial disputes resolved in a country where judicial intervention is capable of setting aside an arbitral award at any cost on the ground of technicalities.

  1. Delays and bottlenecks in enforcement of arbitral awards and appeals;

Even though the 2018 World Bank index on ease of doing business ranked Nigeria as 96th in enforcement of contract and stated that it takes about 454 days to enforce a contract through the court, The length and stress involved in enforcement of arbitral awards in Nigeria is not entirely pleasant for commercial activities as profits from arbitral awards may remain inaccessible for a long time due to the number of days involved before enforcement is achieved.

Aside from the long duration in enforcement of arbitral awards, another major challenge is the duration of appeals; appeals may be pending for 8 to 10 years if taken from the High Court to the Supreme Court.

In providing a solution to this menace, The Nigerian Institute of Chartered Arbitrators (NICArb) has suggested that specialized commercial courts be established to tackle the delays in enforcement of arbitral awards. It is also suggested that the leave of Court should first be sought and obtained before an application to challenge an arbitral award or an appeal against the enforcement of an award is brought before the court. 

  1. long overdue laws which do not embrace recent global trends in International Commercial Arbitration;

The principal enactment governing the practice of Arbitration in Nigeria is the Arbitration and Conciliation Act which was enacted in 1988 and now long overdue for a change. There are numerous 21st century advancements which are not yet applicable in Nigeria due to delays in enactment of a new Arbitration and Mediation Act. The National Assembly has passed a bill known as the Arbitration and Mediation Bill 2022 (the “Bill”), The Bill represents a significant upgrade from its predecessor but unfortunately the bill is still awaiting Presidential Assent since 10th of May 2022.

In conclusion, there is need to develop a national policy on Arbitration, ensuring that trades and contracts executed in Nigeria had embedded in them an Arbitration clause which makes Nigeria the venue and seat of Arbitration and thereby promoting job creation and economic growth. As a full or part-time Arbitrator, what is key is having jobs or services to render. Nigerians get trained in ADR and Arbitration with the hope that they will make a viable career and also make a living. Unfortunately, they are faced with a lack of opportunities to practice the skills.


  • Suit No. SC/851/2014: Dr. Charles Mekwunye V Christian Imoukhuede (Judgment delivered on 7th of June 2019)
  • Prof. Olubayo Oluduro, PhD (Ghent), FCArb. & Akin Olawale Oluwadayisi, Ph.D. (Ilorin) (2021) Journal on Arbitration volume 16  Number 1 ISSN: 2021-957x pp. 1-165
  • Urska Velikonja, ‘Making Peace and Making Money: Economic Analysis of the Market for Mediators in private practice,’ 72 (2009) Albany Law Review, 257-291 at 271

Photo Credit: Difference Between

About Author

Oluwatoyin Bamidele Oni is a Corporate-Commercial Lawyer and a writer whose works are widely published. He has attended numerous workshops and trainings both in Arbitration, Project Finance, Infrastructure and PPP, mergers, and acquisition.

Things You Should Know About Driving Under The Influence Of Drugs Or Alcohol

Things You Should Know About Driving Under The Influence Of Drugs Or Alcohol

Driving under the influence (DUI) of drugs or alcohol is a punishable crime in almost every state. When you are caught driving under the influence, the policeman can arrest you at the moment and present you in court where your future is decided. Since DUI is a crime, your arrest will show up on your records.

Before you decide to drive when you are drunk or have been doing drugs, here are a few things that you should know.

DUI Is A Criminal Offense

Driving Under the Influence or Driving While Intoxicated is considered a crime in almost every state in the world. When you are under the influence of drugs or alcohol, you may lose control and may end up hurting yourself or other road users. In America alone, someone dies every 51 minutes because of a drunk driver.

To control roadkill, every state has clearly defined strict laws that prohibit driving when you are drunk. No mercy is shown if you break this law.

Punishments You Can Face

Every state has indicated the clear punishments and penalties that you can face after getting caught driving under the influence. Some of the most prominent and consistent punishments everywhere are,

  • Penalty to pay a certain amount of money to the state or victim
  • Jail time ranges from 10 years to a lifetime, depending on the damage done to the victim.
  • Loss of driving license permanently
  • Loss of driving license temporarily
  • Record of crime shown permanently

The court may order you to pay a big amount to the victim if you have injured someone or destroyed someone’s property while driving under the influence. However, if you have killed someone, you can face a lifetime imprisonment. You may also lose your right to drive if you are not careful enough. A bad record can be an issue for you as you might not be able to get a good job or get admission to your favorite college.

What Is Accounted As Influence?

According to the law authorities, if your blood alcohol concentration (BAC) is found to be 0.08 or higher, you are considered impaired to drive. When a policeman suspects you of driving under influence and stops you on the roadside, they will ask you to breathe in a breathalyzer. If your BAC is 0.08 or above, you will be arrested immediately.

Some drugs such as cocaine, marijuana, and other drugs that may influence your cognitive abilities are considered unfit for driving

What Options Do You Have?

If you have been caught driving while intoxicated, you will need a fierce lawyer to help you get out of the situation. Only professional lawyers and experts in DUI cases, such as Kazarian Law can help you get out of the situation with a minimum penalty.

You can either plead guilty and accept your fate as a lifetime imprisonment, or you can fight for your rights and get yourself some ease in the punishment. It all depends on how fierce and expert your lawyer is. If your lawyer is good, he can even help you remove the case from your records.