Firm Update – Alliance Law Firm

Alliance Law Firm’s Managing Partner, Uche Val Obi SAN, FCARB, ChMC will be Chairing the 2022 Hybrid Annual Conference Planning Committee – November 2022

ALF — Wed, 16 Nov 2022 15:15:58 +0000

We are pleased to announce that our Managing Partner, Uche Val Obi SAN, FCARB, ChMC will be Chairing the 2022 Hybrid Annual Conference Planning Committee, hosted by The Nigerian Institute of Chartered Arbitrators (NICArb). This year’s conference themed “The Future of Arbitration and ADR in Africa: Developments & Sustainability” will focus on the means and strategies to be deployed to enable Arbitration and ADR in Africa to gain further traction in dispute resolution, by leveraging the unrivalled opportunities and advantages that accompany the use of 21 Century Digital Technologies in world-class arbitration practice. In the same vein, the Conference will review emerging world trends alongside their nexus and impact on Arbitration and ADR in Africa.

Alliance Law Firm 20th Anniversary

ALF — Sat, 08 Oct 2022 13:31:38 +0000

The management and staff of Alliance Law Firm on Saturday 8th of October 2022 hosted a large gathering of friends, clients, senior lawyers and family members in a triple celebration.

The law firm celebrated its 20th year anniversary, the founder’s silver jubilee and the fourth edition of its annual lecture series.

In his welcome address, the Managing Partner of the firm, Uche Val Obi SAN, expressed his delight in seeing everyone who turned up to celebrate these occasions with them.

He said that it was while planning for the annual lecture that it was agreed that since the date for celebrating the other two were close it will be wiser to join them together and have one mega celebration.

Uche Val Obi SAN, went down memory lane and recalled the first lecture which took place in 2017, and lamented the no lecture of 2020 and 2021 due to the COVID pandemic

He also said that the choice of this year’s lecture title “Developing Nigeria Through Philanthropy” could not have come at a better time considering the current situation where the country’s citizens are gradually falling away due to the state of our economy.

He called on wealthy Nigerians to help as many people as possible because it leads to further development.

Chairman of the occasion and chairman of construction giant Julius Berger Mr Mutiu Sunmonu in his own speech commended the staff and management of the firm for their courage to pursue excellence over the twenty years of their existence while also congratulating and praying for Mr Obi SAN and his wife.

The guest lecturer Dr Ernest Azudialu – Obiejesi, recalled his childhood days as the son of a truck pusher, who by hard work is now in a position to help people.

Speaking under the title ‘Developing Nigeria Through Philanthropy’. The engineer/businessman said he is always moved by the sight of school-age children who are out of school, hence his reasons for building the school in Okija, Dr Obiejesi said that his love for being a philanthropist comes from his heart, and he called on the wealthy to help people because they will be blessed too.

Highlights of the celebration include the presentation of awards to the longest-serving staff and top clients who have been with Alliance Law Firm all these years.

Check out some of the pictures from the event below:

Cutting of the Anniversary Cake

Dignitaries at the event

Presentation of Awards to Top Clients

Presentation of awards to Old staff

International Network Of Privacy Law Professionals (INPLP) Activity report for 2021

Ridwan Okanlawon — Mon, 25 Apr 2022 13:41:44 +0000

Alliance Law Firm is pleased to have contributed to the International Network Of Privacy Law Professionals (INPLP) which recently published its activity report for the year 2021. Please click on the link below to download the INPLP activity report for 2021.

https://bit.ly/38aonrq

Alliance Law Firm Associate, Adedoyin Fadare is appointed as the Assistant General Secretary of the Intellectual Property Law Association of Nigeria (IPLAN)

ALF — Sat, 18 Dec 2021 14:54:44 +0000

Alliance Law Firm congratulates our Associate, Adedoyin Fadare, on his election as the Assistant General Secretary of the Intellectual Property Law Association of Nigeria (IPLAN). He was elected at the IPLAN Annual General Meeting that held on 18th of December 2020. The Firm wishes Adedoyin the very best during his term with IPLAN.

At Alliance Law Firm we are strongly focused on providing legal advisory services to clients relating to the development, processing and, protecting and enforcing of their intellectual property rights.

KEY HIGHLIGHTS OF THE NEW REGULATORY DEVELOPMENTS IN THE LICENSE CATEGORISATION FOR THE NIGERIAN PAYMENTS SYSTEM FRAMEWORK

ALF — Thu, 17 Dec 2020 14:59:47 +0000

The apex bank in Nigeria recently issued a circular to all Payment Service Providers, Banks and Other Financial institutions. This circular streamlines payments system licensing according to permissible activities. Without doubt, this new licensing framework will give clarity to new and existing market participants within the Nigerian payments system framework.

In this newsletter, we have put down key highlights on the new regulatory developments in the licensing categorisation of payment systems in Nigeria.

Click here to download and read the full newsletter.

Our Managing Partner, Uche Val Obi SAN, speaking at the ongoing MSI Global Alliance Conference in Madrid, Spain

ALF — Fri, 25 Oct 2019 12:21:53 +0000

Our Managing Partner, Uche Val Obi SAN speaking at the ongoing MSI International Conference 2019 taking place in Madrid, Spain from 19th to 22nd October, 2019.

The Conference titled “Collaboration to win” focused on creating a platform where member Firms work together so as to drive referrals, win new business and grow individual Firms. Our Managing Partner was able to meet with member Firms in the association and also spoke about the Firm and why Alliance Law Firm is the preferred Law Firm by International Firms who consider doing business in Nigeria.

The Conference provided several benefits via collaboration and the benefits gained included but not limited to the following:

Growing business network and building strong relationships.
Solving problems using the experience of others.
Gaining an understanding of regional differences and needs.
Winning new business through working together.
Getting inspiration by others’ideas and gaining fresh perspectives.

MSI Global Alliance is a global association of over 250 independent legal and accounting firms in more than 100 countries. MSI Global Alliance bring together member firms with knowledge and experience in a wide range of disciplines. They provide local expertise and global reach to a wide variety of clients in many different industries.

More images to follow after the conference

MSI Global Alliance International Conference, Madrid Spain 2019

Highlights Of The Federal Competition And Consumer Protection Act Of Nigeria

ALF — Tue, 05 Mar 2019 12:36:34 +0000

Introduction

Competition in any economic environment tends to promote productivity and innovation, which then creates an enabling environment for economic development and employment. An economy where competition thrives is an attractive destination for foreign direct investments, just as its benefits result in lower prices, multiple choices and improved quality of goods and services.

A developing economy such as Nigeria may be particularly vulnerable to practices which discourage competition and respect for consumer rights. This is typically due to the absence of a strong regulatory framework, weak social and economic infrastructure and licensing regimes which facilitate the ease of doing business.

It is against this backdrop that we, at Alliance Law Firm, welcome the introduction of the Federal Competition and Consumer Protection Act (FCCPA) 2018, which represents a more robust attempt to address the anti-competitive practices and weak consumer rights culture prevalent in Nigeria. It avowed objectives include the provision of more comprehensive protection for consumers by preventing abuse and institutionalizing a more effective framework for penalizing restrictive trade and business practices.

Scope of Application of the FCCPA

The FCCPA applies to all commercial activities undertaken in the country for profit and satisfaction of public demand, whether undertaken by privately or publicly held corporate entities, corporate bodies in which either the Federal, a State or Local Government has controlling stake or agencies of the Federal Government.

Framework for Regulation

The FCCPA repeals the Consumer Protection Act, Cap 25, Laws of the Federation of Nigeria, 2004, establishes the Federal Competition and Consumer Protection Commission (“the Commission”); and the Consumer Protection Tribunal (“the Tribunal”) to facilitate efficient, fair and competitive markets in Nigeria.

The primary responsibility of the Commission is to administer and enforce the provisions of the FCCPA and any other legislation relating to competition and the protection of consumers. Its powers include compelling all manufacturers and suppliers to certify that their goods and services meet minimum quality standards and to seal up the premises of such manufacturers and suppliers where such standards have been breached.

The Tribunal shall adjudicate over all conducts prohibited under the FCCPA and its decisions shall be binding on the parties and registrable at the Federal High Court (for the purpose of enforcement only) because in the hierarchy of courts, the Tribunal has equivalent powers to the Federal High Court. Consequently, judicial reviews of the Tribunal’s decisions lie to the Court of Appeal.

Subject only to the constitution of the Federal Republic of Nigeria, the provisions of the FCCPA shall override the provisions of any other enactment in so far as it relates to competition and consumer protection matters.

Competition

The FCCPA makes copious provisions relating to the limitation of restrictive agreements which tend to promote monopolies; empowerment of the Commission to investigate abuse of dominant position, creation of monopolies in the market place for goods and services, and where corporate bodies subject to such investigations choose not to cooperate, impose appropriate fines to ensure compliance. Also, it makes specific provisions for mergers and acquisitions and seeks to regulate such consolidations in such a manner as would prevent anti-competition practices and violate the letters and spirit of the FCCPA.

Consumer Protection

By way of promoting consumer protection, the FCCPA addresses the question of price regulation as a tool for strengthening protection of consumers. It also makes elaborate provisions for consumer rights and how the Commission and the Tribunal may intervene to offer guarantees and protection. Furthermore, it stipulates the duties of manufacturers, distributors and suppliers of goods and services the breaches of which entitle consumers to seek redress as appropriate. The provisions concerning the enforcement of consumer rights detail the relevant steps that consumers may adopt in the enforcement of their rights and the protection that the legislation provides in securing those rights.

Conclusion

Without an iota of doubt, the enactment of the FCCPA and its introduction into Nigeria’s competition and consumer protection landscape is a long overdue development. Nigeria’s economy is replete with examples of perennial consumer rights’ abuses and anti-competition practices. It is hoped that the more robust nature of the FCCPA would provide a veritable platform for engendering a climate of respect for consumer rights and progressive competition practices.

CONTRIBUTORS:

ROSE ADAJI

DOYIN FADARE

CHISOM SAM-OBASI

Highlights Of The Federal High Court (Alternative Dispute Resolution) Rules 2018

ALF — Tue, 25 Dec 2018 08:56:10 +0000

On 13th December 2018, the Chief Judge of the Federal High Court, Hon. Adamu Abdu Kafarati, issued the Federal High Court Alternative Dispute Resolution Rules 2018 (hereinafter referred to as “the ADR Rules 2018”) relying on the powers conferred upon him by section 254 of the 1999 Constitution (as amended). Order 18 rule 1 and 2 of the Federal High Court (Civil Procedure) Rules 2009 (hereinafter referred to as “the FHC Civil Procedure Rules 2009”) makes provision for parties to explore alternative ways to settle cases filed in court as follows:

“When a matter comes before the Court for the first time, the judge shall, in circumstances where it is appropriate, grant to the parties, time, not more than thirty (30) days within which parties may explore possibilities for settlement of the dispute.”

18(2) – “Where parties fail to settle with thirty (30) days or such other period as the Court may grant, the case shall without more, proceed to trial.”

However, it would appear that the provisions of the FHC Civil Procedure Rules 2009 are not detailed as to the alternative dispute resolution mechanisms to adopt regarding cases already before the Court. Save for Order 52 of the FHC Civil Procedure Rules 2009 that provided for Arbitration and related matters (there is also the Arbitration and Reconciliation Act Cap A18 Laws of the Federation of Nigeria 2004, which adequately covers the subject), other alternative dispute mechanisms such as Mediation and Reconciliation are not clearly provided for in the Rules under review. It would seem that it is against this backdrop that the ADR Rules 2018 have been introduced by the Federal High Court to effectively close this gap.

The ADR Rules 2018 contains 11 Orders and a Schedule of fees. The objectives of the ADR Rules 2018 are, principally, to enhance access to justice by providing alternative mechanisms to supplement litigation in the resolution of disputes; and to minimize frustration/ delays in justice delivery by promoting standard procedural framework for fair and efficient settlement of disputes through alternative dispute resolution mechanisms. Order 1 rule 2 of the ADR Rules 2018 established for the Court, a Dispute Resolution Centre (herein after referred to as “the ADR Centre”) which is also a department of the Federal High Court.

The ADR Centre is mandated to apply mediation, conciliation, arbitration, neutral evaluation and any other ADR mechanisms in the resolution of disputes referred to it from the Court; encourage disputing parties to appear before it for resolution of their disputes, act as an administrator in the conduct of ADR proceedings; and maintain register of suitable qualified persons as “Neutral Facilitators” who can act as mediators, arbitrators or neutral evaluators. The ADR Centre is to maintain a Roll of Neutral Facilitators consisting of negotiators, mediators, arbitrators, dispute resolution specialists and such other persons as may be required by the Centre. The Roll is to be made available to parties to choose from in order to facilitate their respective dispute resolution sessions on fees to be negotiated between the neutral facilitators and the parties.

Order 4 rule 2(3) of the ADR Rules 2018 provides that charges be made in accordance with a scale of fees in the schedule to the Rules. A potential draw back with this is that parties, having paid for the filing fee for the matter, are also obligated to pay another fee to the ADR Centre. The ADR Rules 2018 are silent on the question of whether a matter could be directly instituted at the ADR Centre by an Applicant without first filing the matter in the regular court, where it would be assigned by the Trial Court to the ADR Centre. Consequently, it does appear that the drafters of the ADR Rules 2018 intend for ADR sessions to function like court–ordered proceedings and not to have a life of their own.

The Centre is to have a Register of Disputes to record cases assigned to it with numbers and to also assign a case officer to assist the disputing parties navigate the ADR process. Order 6 Rule 5 of the ADR Rules 2018 provides that the time allowed for parties to explore ADR shall not exceed 60 days from the date of the referral of the dispute to the Centre. However, in exceptional circumstances, the Court before which the substantive matter is pending may extend the length of time by a period of not more than 30 days upon an application by the Centre with the consent of all parties.

All ADR sessions are to take place in private and shall be confidential and the ADR proceedings shall be conducted in accordance with the Arbitration and Conciliation Rules set out in the Schedule to the Arbitration and Conciliation Act Cap. A18, Laws of the Federation of Nigeria 2004 or the provisions of the FHC (Civil Procedure) Rules 2009.

Upon the completion of a dispute resolution session, settlement agreements duly signed by the parties shall be enforceable as a contract between the parties and deemed to be enforceable under section 25 of the Arbitration and Conciliation Act. Also, where the ADR process terminates in an Arbitral Award, it shall be enforced as provided for in the Arbitration and Conciliation Act or such other legislation as may be applicable.

It is important to note that the cases or causes of action that qualify for ADR have not been specified in the ADR Rules 2018. Since there is no specific exclusion of any particular subject, it is arguable that the intention of the drafters is for all causes of action to be subject to the ADR process. The ADR Rules 2018 is also silent on when its provisions would become enforceable. This may not be unconnected with the fact that the ADR Centre is yet to be established and the personnel to run it not yet recruited.

We believe that, in order to give proper effect to the ADR Rules 2018, the proposed new Federal High Court Rules should be released so that the provisions of the ADR Rules could then be applied within the context of the new updated Federal High Court Rules.

Suffice it to state that the introduction of the ADR Rules 2018 is a long overdue development, which should enhance the justice administration system in Nigeria, especially with respect to matters that the Federal High Court has jurisdiction over.