Archive for ‘Uncategorized’

March 16th, 2010

TRANSPORTATION OF OIL & GAS PRODUCTS: PROPERTY ISSUES AN OIL & GAS LAWYER MUST CONSIDER

by Tolulope Aderemi

Oil and gas companies deal with products which involve oil and its derivatives traversing land in private ownership for21066_gasoline_tanker the purpose of getting to the end consumer. At the various stages of the journey however, the transporter will require various passage rights. Naturally, this will differ from one jurisdiction to another. An example of such is that, final distribution of petroleum products to filling stations will most certainly involve the use of public rights of highway because petroleum is transported in tankers passing through public roads. In gas supply on the other hand, final distribution of gas often requires the laying of pipelines in public roads by means of statutory rights.

The movement of petroleum products described above will undoubtedly raise property law issues, if loosely addressed. This paper will therefore look at the nature of rights required by oil and gas companies to convey their products along pipelines passing through land in private ownership.

Giving its simplest definition, the word ‘property’ connotes; “the right to ownership of a thing and the thing to which that right relates to”. The right of a landowner is that of exclusive possession of heritable property. The word ‘property’ is a complex term whose correct meaning can only be deduced from the context in which it is used. It is said to run a coelo usque ad centrum (from the centre of the earth to the outer limits of space).As an exclusive right, the holder of the right to a property has that much right of control of the property within the limits of his right; ‘zonder noodigh opzicht op een ander mensh’(meaning; without necessary relation to another man).

However, provisions have emerged by ways of Statues mitigating the hardship associated with transportation of goods and services in the oil and gas sector. An oil company may erect a pipeline without necessarily owning the property whereupon the pipelines are buried. Therefore, a property Lawyer specialising in the oil & gas industry, advising on the transportation of petroleum products must be armed with adequate local jurisdictional laws which enhances the rights of passage of the oil company’s pipelines.

RIGHTS OF PASSAGE

The rights of ownership of a land may either be a real right or personal rights. Generally, a real right is enforceable against all persons who seek to deal with the thing to which a real right relates with in any shape or form inconsistent with the exercise of the right holder’s powers over the thing. Broadly speaking, transportation of oil & gas must pass through either the Land or the sea. A landowner, therefore, has the right to refuse entry of uninvited access unto his land; as such persistence may constitute trespass. In the same vein, a landowner may also prevent the erection of a building on his land even where it can be evidenced that such a structure must be built in national interest.

As mentioned above, there are instances where the landowners may refuse the desired occupation of land, such permission may be obtained by the oil company under statutory compulsion while the onus is on the applicant to demonstrate conformity with the statutory purpose for seeking the permission. As a direct consequence, the landowner, having been deprived of his property, must be paid prompt compensation; a sine qua non to revocation. But one thing is certain, the right sought for under the law must be a right known to the law of that jurisdiction.

ASPECTS OF PROPERTY LAW

An oil and gas Lawyer must naturally provide answers to the questions below before proceeding to advising a client on the transportation of oil and gas;

a) In which jurisdiction(s) will the oil company be required to comply with certain passage right(s)?

b) What are those passage rights that are required to be complied with?

c) Will they be in the best interest of the company vis-à-vis the nature of the business?

d) What are the implications (if any) of none compliance with those passage rights?

Sequel to the above, it stands to reason that an oil company cannot pounce on the land of another individual or state without seeking for and obtaining the necessary permits, prominent of which are the real rights.

Real rights may vary from one jurisdiction to the other. Obtaining real rights may be a herculean task, especially when the landowner is not willing to give up/fragment his rights over the property. Real rights however, is the right enforceable against, not only the donor/grantor of the right, but also against its successors, agents, heirs and even the rest of the world, even when not privy to the contract.
We shall now consider such rights which are often used both in the United Kingdom and Nigeria when seeking to access to property;

i) Ownership
ii) Praedial Servitude
iii) Leases.

check back next week for the second installment.

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March 11th, 2010

Teaser on the 5th Business law Conference of the NBA Section on Business Law (SBL)

by admin

The eagerly awaited 5th SBL Annual Business Law Conference is almost here. From the 5th to 9th of April 2010, we will treat you to a spectacular conference in intellectual contents, networking opportunities, mentoring and relaxation opportunities. As is the custom, SBL has assembled an array of experts from the legal profession, policy makers, regulators, finance, entrepreneurs and as a bonus - scientists in the medical and engineering fields – all affected in one way or the other by the theme of the Conference.

The Conference theme: “Regulating the Business Environment in Emerging Marketsappropriately focuses on the hottest issue of global significance in the past two years which has impacted on the world’s economies whether developed, emerging or least developed. The theme and the structure of the Conference examines how regulations have impacted the global business environment and how regulations can be developed and implemented in a manner that promotes economic development with particular focus on Africa. The theme is deliberately framed to accommodate emerging markets generally, in response to requests from delegates from other African countries who regularly attend our conferences given that the quality of SBL conferences continues to attract delegates beyond our shores.

It is now the practice for Section on Business Law conferences to be opened by the Chief Justice of Nigeria and this year’s will be no different. We expect to have a Prime Minister from one of the Southern African countries deliver the keynote address. There will be the usual plenary sessions for general interest discourse weaved around the conference theme. The first plenary session will be on Business Environment in Post-Independent Africa. Our very senior colleague and entrepreneur Mr Goodie Ibru has graciously agreed to chair the session. Seasoned and experienced Nigerians, plus at least two speakers from a multilateral agency with widely acknowledged institutional knowledge on the business environment in Africa will speak from a continental perspective against the backdrop of international best practices. The topic for our Showcase Session, also in plenary, on day 4 is “Regulating the Business Environment: Too Little or Too Much? This session will bring together the regulator and the regulated in a panel format for a frank discussion on how regulations and the manner of implementation impacts on their respective business operations. We will have persons from different sectors of the economy such as Power, Energy, Manufacturing, Finance and Legal speak on this topic. Mr Atedo Peterside, a friend of SBL and a finance expert will chair this session, the Scientist/Entrepreneur, Prof Bart Nnaji of Geometric Power Limited, Dr Tunde Ogowewo of Kings College, London, Dr Fidelis Oditah SAN and Mr Francis Brockholes of White and Case will constitute the Panel. A couple more names not yet confirmed will be in the panel as well.

Break out sessionOf course we have the breakout sessions dedicated to the various practice areas including arbitration, transportation, capital markets, communication, taxation, aviation, practice development, information technology, travel, tourism and hospitality, public private partnership, environment, energy, procurement law and practice, competition and corporate counsel. There is something for everyone as the programme is organized such that delegates can attend more than one practice session. The committee chairs and conference organizing committee have worked very hard to secure both Nigerian and foreign experts with deep knowledge and expertise in the area of legal practice which they are to speak on. We have a session for the British-Nigeria Law Forum with the theme “Enforcement of Foreign Judgements and Regulating Financial Services”.  The session will be chaired by Mrs Mariam Uwais. The full Conference programme will be posted on our website any day this week so you could plan ahead on how to make the most of the conference.

Do not miss the popular health segment. The speakers, all Consultants and a couple of professors will educate us on breast cancer, cervical cancer and not to be accused of gender bias, they will also speak on prostrate cancer, kidney care and sudden cardiac death. One of the new introductions in this Conference is a dedicated session for SBL Young Lawyers Forum which is structured to offer mentoring opportunities and discussions on partners’ expectations from young lawyers. “Knowledge Gap in the Legal Profession” is the Hot Topic for this Conference. The issue of quality of legal education is of serious concern to both the supply and demand sides of legal services. The session will feature representatives of all key stakeholders in legal education in Nigeria. We will have among the speakers, university law lecturers, law school lecturers, law firms, centre for law and business with Dr Wale Babalakin, the Chairman of the Nigerian Committee of Pro-Chancellors as the Session chair.

Apart from the intellectual menu, we have social events and exhibitions which will be for all delegates and their companions. As the 5th SBL Conference falls on the year Nigeria will mark its 50th independence anniversary, the decor and daily exhibitions at the Conference venue will feature Nigeria’s rich arts and culture in both films and artworks. Ladi Kwali Hall of the Sheraton Hotel, Abuja with its large foyer provides an excellent and ample space for the exhibitions. Be sure to feed your eyes and appreciate Nigeria throughout the conference. We will treat our delegates on the evening of day 2 to a spectacular cultural evening featuring the Ekemini Cultural Troupe and the Mona Dance School catalogue of songs, dance and dance-drama depicting African culture. The theme for the closing ceremony on day 4 is “Keeping Faith With Africa. We really must keep hope alive and not give up on our dear country/continent, and apart from the Chairman’s Dinner, the activities planned for that night are best experienced. Be there!

Another highlight of the Conference will be the public presentation a book published by the SBL. The book titled: Developments in Business Law – Series One, is a compilation of all the papers presented in the last four conferences and promises to be a useful research resource. We will round up the 5th SBL Business Conference with the 2010 BG OIL/SBL Golf Tournament at the IBB Golf Course. I am not a golfer but will lead fans to cheer our beloved Chairman George Etomi to victory.

SBL has a team of very dedicated Conference Organizing Committee members who as usual have sacrificed their time to work towards a very successful conference. The SBL Chair and I are very proud of the team, as we are of our very senior colleagues who are working behind the scenes aside from making financial contributions. Pre-conference registration is ongoing in Abuja and Lagos as well as online. Please register early so that you can settle down to enjoy the Welcome Cocktail on Monday 5th April.

Hope to see you at the conference!

Mfon Ekong Usoro

Conference Chairperson

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March 9th, 2010

March Update

by admin

We are keeping it short and sweet this month.

We would like to register in strong words, our disapproval of the handling of the Jos Crises by the Government of the Federal Republic of Nigeria. This is a situation that should never have deteriorated to the point it has. We are asking both the Federal and the State Governments to wake up to their civil responsibilities one of which is the security of persons and property.

Section 14 (2) of the Constitution of the Federal Republic of Nigeria has provided that

the security and welfare of the people shall be the primary purpose of the government

If the above said is the primary purpose of the government and the security and welfare of the citizens of Plateau state have been completely neglected, may one not infer that the government of Nigeria has failed in its primary purpose? If an institution continually and habitually fails to achieve the primary purpose for which it is established, how does that institution justify its continued existence?

Conferences

  1. The annual Business Law Conference, which is organized by the Nigerian Bar Association’s (NBA) Section on Business Law (SBL) will be holding in Abuja from the 5th to 9th of April, 2010. This year’s theme is ‘Regulating the Business Environment in Emerging Markets’. Check back later for a teaser from the Conference Chairperson. For more information, check the conference website.
  2. The Commonwealth Regional Law Conference is taking place in Abuja from the 8th to the 11th of April, 2010. The theme is ‘The 21st Century Lawyer: Present Challenges & Future Skills’ and the focus of the conference shall be on:
    • Human Rights and the Rule of Law and
    • Corporate and Commercial Law

If you are in Nigeria at that time, do make an effort to attend.

For further information, check here.

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February 18th, 2010

Finding Law and Order Online- Building A Legal Information Resource

by admin

By Madison Lockwood

What do you do if you find yourself, suddenly, in a legal bind? Who do you turn to if you do not have the slightest idea of your rights as a citizen and you do not have your own lawyer? Believe it or not, lots of folks have been caught in this kind of a jam. But lucky for them, more often than not, the solutions are no more than a click away. A resourceful legal website is certainly beneficial to anyone who needs quick and accurate information about a law suit or anyone who wants to learn more about legal matters. Since people are accustomed to logging on to their computers for all sorts of reasons–to read breaking headlines, check the weather forecast, download recipes, and book airline tickets etc.–it is logical to think that they would turn to a computer when searching for answers to a range of legal concerns. What is more, a website is an obvious way to promote your company and attract new clients. There are numerous elements that could appear on your site. A full-fledged site defines your company’s mission, explains its background, introduces its employees, and lists contact information. But you can also include several different elements. Consider the following:

  • a dictionary of legal terms
  • a variety of legal forms
  • a directory of lawyers (organized by specialty or geography)
  • FAQs and an “Ask the Expert” column
  • links to articles covering timely lawful issues
  • legal case histories

No matter what your company specializes in, a website can be tailored to cover your areas of expertise. It is also possible to make it as interactive as you desire. Perhaps you want to link to lively message boards and current blogs, or offer the opportunity to have live chats with lawyers. Whatever elements you include, the ultimate purpose of a functional, practical site is to provide information in a way that is as accessible and helpful as possible. Let’s face it, the ordinary citizen is pretty clueless when it comes to determining lawful behavior, be it at home, at the office, at work, or at play. While we all have an idea of what is legitimate and permissible, most of us don’t grasp the exceptions to the rule or understand the fine print. Of course, it is impossible to cover every aspect of the law on one website and it is impossible to list all the fields of interest here. But a carefully constructed legal website can, indeed, be a source of comfort and a fount of information for the general public. Here are a few examples of the subjects you might choose to address on your website (either in depth or in a general manner):

  • Bankruptcy laws
  • Accident insurance
  • Copyright law
  • Entertainment law
  • Investment law
  • Criminal law and criminal procedures
  • Discrimination laws
  • Employment laws
  • Family law

It is about time the field of law earned a positive reputation. Your company can blaze the trails by putting up an attractive, effective site that not only showcases your services, but also bestows valuable knowledge on those in need. Madison Lockwood is a customer relations associate for ApolloHosting.com. She brings years of experience as a small business consultant to helping prospective clients understand the ways in which a website may benefit them both personally and professionally. Apollo Hosting provides website hosting [http://www.apollohosting.com], ecommerce hosting [http://www.apollohosting.com/e-commerce], vps hosting, and web design services to a wide range of customers. Established in 1999, Apollo prides itself on the highest levels of customer support. Article Source: http://EzineArticles.com/?expert=Madison_Lockwood http://EzineArticles.com/?Finding-Law-and-Order-Online–Building-A-Legal-Information-Resource&id=194113

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January 15th, 2010

January Update – Riding the Cloud

by admin

This New Year, our heart goes out to the victims of the Haiti Disaster, what a way to begin the year. The death toll is said to be unimaginable and aid is barely trickling in. Haiti needs your help and your prayers. Read this for more information.

There has been a general outcry from Nigerians all around the world over the inclusion of Nigeria among the terrorist nations of the world. The argument is that one Mutallab does not a terrorist nation make. Then again, the fact remains that since the attempted bombing, we have not heard anything from the President about it. In law, silence is taken to be consent. Does that mean that the President condones the actions of the young man? We think it is more an issue of the President not being in any state to say anything about the fiasco. Which brings us to the question: why is the Vice President not acting for the President right now?

Apparently, this question has weighed heavily in the minds of most right-thinking Nigerians, especially as the President by his long absence, is in direct contravention of the constitutional provision contained in Sections 5 (1) and 148 (1) of the Constitution of the Federal Republic of Nigeria. Bowing under the pressure of several civic groups and patriotic minded Nigerians, including the Nigerian Bar Association, a High Court in Abuja finally granted the Vice President the power to exercise the functions of the President as delegated to him by the President. What does that mean? Though the words seem a bit vague, they in essence mean that the Vice President cannot act in his own initiative but only to the extent that the President allows him to. As preposterous as this is, we can only wait and watch how Vice President Goodluck handles himself.

Cloud computing seems to be the rage these days. Basically, cloud computing is about storing your data on a drive somewhere in the ‘cloud’. Once you have connection to the internet, you have your data. Goodbye external harddrives, goodbye USB flash drives and who cares if the computer crashes? Or at least that is supposed to be the general attitude. However, I have no idea how this will impact on everyday legal practice in terms of security and privacy of data. Can you really put your client’s confidential data out there in the ’sky’ and be sure of it’s safety? Do you even want to take the risk? With Google, one of the lead providers of cloud computing threatening to pull out of China because of restrictions and hacking…yes, hacking, it makes one a bit sceptical. Just recently, Gmail, Google’s mail provider was hacked into; the safety and security of the Cloud remains to be seen.

Writing on security, are you a facebooker and are you worried about your privacy on facebook? Check back here for 5 Tips to keep you secure and private on facebook.

As this is the first month of the year (and the first post), something needs to be said about goal-setting. Too many legal practitioners treat their practice like it is a hobby. If your legal practice is not your primary source of income, then it is alright to treat it that way. But if it is where you pay the bills from, some perception reorganization and prioritizing needs to take place. What would you like to achieve in 2010? How would you go about achieving these? That is Goal Setting. Be realistic in your expectations and do not be afraid to go for what you want.

Thank you for being a true companion. If you have not yet done so, please subscribe to our feed. We love hearing from you, so please keep the comments coming.

Have a lovely weekend!

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December 10th, 2009

December Update

by admin

Christmas is in the air and this is generally the season when the spirit of giving and goodwill pervades the atmosphere. Or is should be the season. However, Nigerians seem to be a little short in the goodwill department with regards to their President, Umaru Musa Yar’ Adua. So many rumours and allegations are running around; no one actually knows the state of the President’s health; unless we choose to have faith and take the assertions of his character witnesses – his sister and mother. And is faith not part of the season? Whichever way it pans out, we at The Nigerian Lawyer wish Mr. President speedy recovery. And even though we are a little confused as to why the government was not handed over to his Vice, in the Spirit of the season, we will try to offer our unwavering support and understanding.

On the SPOTLIGHT this month is Seyi Akinwunmi. Seyi Akinwunmi is a lawyer, a seasoned speaker and a gentleman. He is a Partner in the firm, Akinwunmi & Busari and is also the President of the Bankruptcy and Insolvency Practitioners in Nigeria. He was called to the Nigerian Bar in 1985 and has had over 24 (twenty four) years experience as a Legal Practitioner and Insolvency Consultant, with a specialization in secured credit transactions, debt and corporate recovery, insolvency and turn around strategies. He was fun to interact with and we learned so much from him, which we would love to share with you. Oh, Seyi is also a blogger, feel free to check his blog before coming back to read the interview. (Read previous Spotlights)

And if you were wondering what to get me for Christmas, wonder no more! The New York Times’ Personal Tech section has assembled goodies with which to tickle any techies’ fancy. If you have a techie friend, hurry over and browse through their selection.

If you have not done so yet, subscribe to our RSS or enter your details at the box provided on the top left hand corner of this blog to get the blog posts in your inbox. As a special Christmas bonus, all new email subscribers get a free PDF copy of the Nigerian Constitution. Old Subscribers will get theirs later. Feel free to comment on any blog post, we will definitely get back to you.

The Nigerian Lawyer will be on Vacation from the 18th of December, 2009 through the 8th of January, 2010. We’ll miss all our readers but we’ll be back before you know it. Thank you so much for staying with us! Merry Christmas and Happy Holidays!

sharon Dinma Fiberesima

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November 28th, 2009

Small-Business Guide – Marketing Your Business With Facebook – NYTimes.com

by admin

Small-Business Guide – Marketing Your Business With Facebook – NYTimes.com. If you still think that facebook is all about making friends and keeping in touch with family, you are right but you are also wrong.

Facebook has been a favourite of this blog for a lot of reasons. Despite the restrictions on advertisement for lawyers or perhaps inspite of them, running a law firm is a business and businesses need marketting. Which is why we at The Nigerian Lawyer love facebook. Facebook affords the lawyer the means of marketting his business without advertising.

A few weeks ago, New York Times’ Kermit Pattison wrote an article on how to successfully use facebook to market your business. If you are not sure what use facebook could possible be to your practice, read the article.

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November 20th, 2009

Monthly Inspiration – Don’t Quit

by admin
Monthly Inspiration – Don’t Quit

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Monthly Inspiration – Don’t Quit
November 18th, 2009

November Update…

by admin

November is almost half gone; Ramzi already got stripped of his Beijing gold medal, Obama has been to China and the Nigerian Super Eagles qualified for the World Cup. In fact, November has been busy all over and it has been no exception here at The Nigerian Lawyer (TNL).

The Spotlight is back on and this time around it is shining on Boma Ozobia of Sterling Partnership Solicitors 794564_jason_r__media
LLP. For those who have heard of her, I am sure you will be eager to read TNL’s interview with her and those who haven’t, you have a treat in store. If you have questions for her, be sure to leave them in the comment section of the interview.

There is something new this month and that is the introduction of Monthly Inspirational movies. These are movies which will inspire, motivate and help you press towards being a better person in every sphere of your life. If you have any favourites you would like to see on the blog, drop me a line.

TNL is now receiving Articles for submission. If you have an article you would like to see on the blog leave a comment to this post and we will get back to you with the requirements.

A slight change in status ocurred here at TNL as Miss Sharon Famonure changed her name to Mrs Sharon 939504_that_day
Dinma Fiberesima. We would like to appreciate all those who showed their support before, during and after the wedding; Thank You!

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September 20th, 2009

Death of a Conscience

by admin

When the conscience of a nation is dead, what happens to that nation? How will it tell right from wrong or in our case, wrong from excruciating error? Gani Fawehinmi was that raging, immense voice that would not let the government get away with anything. He was a household name and not a few lawyers went into the profession desiring to model themselves after the Great man. His death is a loss to the good people of this great nation.

We at The Nigerian Lawyer watched in awe at the seemingly endless parade of tributes and accolades. We were in awe that such a paragon had lived amongst us, but we were even more in awe that there, in the midst of the praise singers, were some who had found him a national treasure of such significance that they had to imprison, sorry, hide him away for safety.

When the whole world and their cousins gathered at his residence, those of us who could only get close enough through the screen had to wonder, is this what Gani would have wanted? Is this how we would have wanted to go out? We do not think so. Gani was a lot of things but he was no hypocrite. He stood for what he believed in and would not keep quiet even when it was in his best interests to do so. He was radical and unapologetically so.

So now he is gone and his death is indeed a loss to Nigeria. Nevertheless, at 71(his age when he died), he would have been retiring from activism eventually. And there would have been no one to take over from him. After decades of new entrees to the numerous Law faculties across the country, it is more than a little baffling that there are not more like him considering that over the years, there have been several self-styled ‘Ganis’ posturing and postulating every chance they got. How come then, that we have not got more conscience driven lawyers who are ready to go any lengths to preserve law and order, fight injustice and uphold the cause of the down trodden? When the SSS arrested several journalists, clearly infringing on their freedom of speech and other constitutional rights, the wigs folded their arms waiting for Gani to ‘say something’. Well, Gani is gone, and to the best of our knowledge, he will not be saying much for now. Unfortunately, it does not look as though any of those who are yet to go would be saying anything as well.

If the leader of a country is the image of that country, then without a doubt, Nigeria is ill. Sadly, we do not have the option of medical treatment in another jurisdiction; the treatment of Nigeria must start with Nigerians and we daresay, with the legal profession. Until there are more people like Gani, willing to sacrifice their personal freedom so that this nation will achieve positive change, growth and development, we will continue stumbling around, a lame giant. As the custodians of the Rule of Law and servants in the Temple of Justice, it stands to reason that that clamour for change must begin with our noble profession.

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