Kano state governor, Dr. Abdullahi Umar Ganduje has ordered the closure of the Sani Abacha Stadium for two weeks.

The State government said that the closure is to pave way for general renovation.

The closure is coming five days to the campaign rally of Atiku Abubakar, presidential candidate of the Peoples Democratic Party (PDP).

According to the directives issued by the office of Governor Ganduje, the proposed general renovation works would last two weeks.

The general renovation works will cover the installation of a new scoreboard, the repairs of running track and provision of steady water supply to all parts of the stadium facility.

However, a source said that the closure was to ensure that the PDP Presidential Campaign team does not have access to the stadium to seek for votes.

*Reported by The Nation

Source: NAN

Asian shares were subdued on Wednesday after U.S. President Donald Trumps State of the Union speech failed to give markets fresh trading catalysts.

Meanwhile, the Australian dollar slumped after the central bank opened the door to a possible rate cut.

MSCIs broadest index of Asia-Pacific shares outside Japan barely moved with China, and several other markets in the region still closed for the Lunar New Year holiday.

Japans Nikkei gained 0.3, while E-Mini futures for the S

By Sandra Umeh

A Federal High Court in Lagos on Wednesday fixed Feb. 7 for continuation of trial of the immediate past Governor of Ekiti, Mr Ayodele Fayose, over alleged N6.9 billion fraud.

The case which was earlier fixed for today for continuation of cross examination of the fifth prosecution witness, has been shifted to Thursday.

On the next adjourned date, both the prosecutor, Mr Rotimi Jacobs (SAN), and the defence counsel, Mr Olalekan Ojo (SAN), will address the court on the admissibility of an extra judicial statement made by a party who is not standing trial.

Fayose was arraigned by the Economic and Financial Crimes Commission (EFCC) in Oct. 22, 2018 alongside a company Spotless Investment Ltd on 11 counts.

He had pleaded not guilty to the charges and the court had granted him bail in the sum of N50 million with one surety in like sum.

EFCC had opened case for the prosecution on Nov. 19, 2018 and called four witnesses.

On Jan. 21, the prosecution called its fifth witness, Sen. Musliu Obanikoro, a former Minister of State for Defence.

At the last adjourned date on Feb. 5 (Tuesday), Obanikoro was still under cross examination by second defence counsel Ojo, who was expected to continue on the next date.

According to the charge, on June 17, 2014, Fayose and Agbele were said to have taken possession of the sum of N1.2 billion, for purposes of funding his gubernatorial election campaign in Ekiti, which sum they reasonably ought to have known formed part of crime proceeds.

Fayose was alleged to have received a cash payment of the sum of five million dollars, (about N1.8 billion) from Obanikoro, without going through any financial institution and which sum exceeded the amount allowed by law.

He was also alleged to have retained N300 million in his Zenith Bank account and took control of the aggregate sums of about N622 million which sum he ought to have known formed part of crime proceeds.

Fayose was alleged to have procured De Privateer Ltd and Still Earth Ltd, to retain in their Zenith and FCMB accounts, the aggregate sums of N851 million which they reasonably ought to have known formed part of crime proceeds.

Besides, the accused was alleged to have used the aggregate sum of about N1.6 billion to acquire properties in Lagos and Abuja, which sums he reasonably ought to have known formed part of crime proceeds.

The accused was also alleged to have used the sum of N200 million, to acquire a property in Abuja, in the name of his elder sister, Moji Oladeji, which sum he ought to know also forms crime proceeds.

The offences contravened Sections 15(1), 15 (2), 15 (3), 16(2)(b), 16 (d), and 18 (c) of the Money Laundering Prohibition Act 2011.

Source: NAN

By Ahmed Abba

A non governmental organisation, Child Protection and Women Empowerment Initiative (CPWEI) has charged the Nigeria Police Force (NPF) to be civil, nonpartisan and fair to all political parties during the forthcoming general elections.

The Yobe State Coordinator of the NGO, Hajiya Maryam Gambo made the call at the Police Headquarters while visiting the Damaturu Police Commissioner.

We are here today because NPF is responsible for safeguarding live and properties in the country.

We believe that election violence can be averted or reduced to barest minimum, if the police is at its best in securing everyone involved in the election exercise, she said.

Gambo lamented how youths are being used to perpetrate violence to achieve political aims. Over the years, the sponsors of electoral violence have used the youth to perpetrate violence and disrupt the election process.

During such violence, voters are threatened, intimidated, wounded or even killed in the course of exercising their constitutional rights.

Today, we therefore come out as youths, to say no to election violence and firmly resolved to shun violence in the forthcoming general elections, she added.

The Police Commissioner, Abdulmaliki Sonmonu, who was represented by Assistant Police Commissioner Ihueze Nicodimos expressed his happiness on the decision to shun violence and pledged to ensure peaceful election atmosphere.

Source: NAN

Communication is a skill and we improve our skills by getting feedback on the way we perform them. We can get such feedback by asking an experienced colleague to observe our teaching and to give us feedback.

We can also have someone to respond to on a video tape as we teach which we then inspect critically after work. In either case, the feedback will be better. It uses checklist to judge our performance.

Check list for communication during teaching.

About the style of presentation.

• Does the teacher speak clearly (loud enough, not the fast faces a class, avoid mannerism)
• Is teacher non verbal communication suitable (appropriate gesture and expression, moves around, eye centre with the word class)
• Does the teacher speak understanding (using word that the content should be able to understand) english
• Is the speed of presentation right(The student must be able to absorb the material that is presented)
• Is there two way communication (The teacher checks regularly the student have understood)
• Is there evidence of good relationship between teacher and student (Teacher and student respect each other, listen to each other. )

CONTENT: The Teacher emphasizes important knowledge.

• Information presented in logical sequence
• About the place where teaching is happening? It is a determinant for good communication.
• Is there no noise from outside the school.
• Ensure the furniture is appropriate and alright (child sized furniture)
• Ensure the good sitting position of the child.
• The light is okay (well ventilated)
• Are the students comfortable (hope the class is not too hot or cold) and be sure the children are comfortable during teaching
• Use of instructional materials / aids/ resources
• Are the teaching aid well prepared
• Unstructured materials must be straight forward (It must contain the basic point)
• It must be concerned, straight to the point.
• It must be colourful by combining different colours together
• Are the teaching aid easy to read and understand. It must be adequate and must not have too much things into it.

It is a function of law. In one word, it is power of the court to decide a dispute between parties. Every court is established by some laws and it usually the law establishing the court that also defines the jurisdiction of the court. In Madukolu&Ors v. Nkemdili, the court stated three conditions that must be in existence before the court can be said to have jurisdiction. These are:

• There must be constitution as to qualification and numbers of members of the bench and no member is disqualified for one reason or another.
• Subject matter of the dispute must be within the jurisdiction of the court and no feature in the case which prevents the court from exercising its jurisdiction.
• The case must have been brought to court in accordance with due process after satisfaction of relevant provisions on condition precedents.

There should be a distinction between procedural and substantive jurisdiction. Substantive jurisdiction is the jurisdiction that relate to the subject matter of the dispute. This kind of jurisdiction can be raised at anytime even at the Supreme Court for the first time. It can also be raised suomotu by the court.

Procedural jurisdiction relates to matters of practice such as : preaction notice, matters statute barred, res judicata, hence not being substantive jurisdiction must be done timeously. If it is not so done, then such party would be deemed to have waived it. Thus procedural jurisdiction cannot be raised at anytime but must be raised timeously.

The following are the various sources of civil litigation

1. Rules of courts
   In practice, every court has its own rules that guide practice and procedure of such court. In this like, there is the Supreme Court Rules, Court of Appeal Rules, Federal High Court Rules, State High Court Rules, down to Sharia and Customary Court Rules.
2. The Constitution
   The function of the constitution as it relate to it being a source of civil litigation can be divided into the following:
   • The constitution creates the court. Section 230(1), 237(1), 249(1), 270(1) of CFRN 1999 creating the Supreme Court, Court of Appeal, Federal and State High Court respectively.
   • The constitution gives power to the courts.
   • The constitution prescribes the authority to make rules. Section 236 CFRN conferring power on the CJN to make rules regulating the practice and procedure in the Supreme Court.

• The constitution also has rule on civil litigation. Section 36 CFRN on fair hearing; section 233 on appeal to the Supreme Court.

3. Statutes creating courts
   Rules of court are also made pursuant to statutes creating the courts. Also there are certain provisions in the statute directly on procedure. For instance, s. 7 & 25 of Supreme Court and Court of Appeal Act respectively on time within which an appeal can be made. 14 days for interlocutory judgments and 3 months for final judgments.
4. Special statutes on procedure (civil)
   Aside from the rules of court, there are statutes which have provisions on civil litigation. These statutes can cover an aspect of civil litigation. E.g. Admiralty. These special statutes include the following:
   • The Sheriffs and Civil Process Act/Law and The Judgment (Enforcement) Rules. This is an Act of the National Assembly by virtue of the fact that the subject matter of the Act is found in item 57 of the exclusive legislative list, thus applicable in the whole federation. Hence, any law of a state in that respect is only applicable to Magistrate (South), District (North), Customary and Sharia Courts.
   • Foreign Judgments (Reciprocal Enforcement) Act. It gives procedure on how a foreign judgment is to be enforced.
   • Companies and Allied Matters Act. Under CAMA there are the Companies Winding up Rules 2001 and Companies Proceedings Rules 1992. There are rules on civil litigation but apply only to companies or entities under CAMA.
   • Companies Income Tax Act under it, the Federal High Court (Tax Appeals) Rule 1992 was enacted.
   • Admiralty Jurisdiction Act under it the Admiralty Jurisdiction Procedure Rules was made.
   • Matrimonial Causes Act and Matrimonial Causes Rules, all on practice and procedure for matrimonial causes.
5. Practice direction
   These are rules and guidelines given by the necessary or appropriate authority when a lacuna exists in procedure. Examples are:
   • A multi-door court rules is a practice direction.
   • In election petition s, the 1st schedule to the Electoral Act had nothing like front loading but a practice direction was issued to that effect.
   • In the National Industrial Court, the president introduced front loading based on practice direction.

Whenever the rules may be short or inadequate the appropriate authority can quickly issue guideline. It is pertinent to note that a practice direction is not expected to depart from or be inconsistent with the rules of court, because it is not an enactment therefore has no force of law. As between the statute creating court and rules of court, the statute creating court is superior and as between the statute and the constitution, the constitution is superior, as between the rule and practice direction, the rule prevails. UNILAG V AIGORO.

6 Decisions of courts on procedure
There are some rules of procedure that are derived from decision of courts. For instance, the rules relating to grant of injunctions were developed by the court through it decision. Also the rule that require addressing the court before ordering a non-suit. For instance, where there are two motions before the court of which one will render the suit competent or preserve the suit and the other would strike it out, the rule is that the court would first hear the motion that would make the suit competent before the other. NALSA TEAM AND ASSOCIATES V NNPC.

The question has been asked as to the relevance of English rules in civil litigation. Section 26 of Lagos High Court Act, the position then was that when there is a lacuna, the English rules should be referred to. However, the position now is that where there is a lacuna, the court would take steps to do substantial justice. In this like, the court shall decide to go to England (English rules) when substantial will be done. SEE ORDER 1(2)HCCPR(ABUJA), ORDER 1 R 1(3) HCCPR(LAGOS)

ADR relate to the alternative methods of dispute resolution that is aside litigation. In other words, should a potential litigant not be willing to go to court, which other method can be used to resolve the dispute. The following are the methods available.

• Negotiation: Parties do not need a third party to settle. They do the offer and acceptance of terms amongst themselves. Limit: Stronger bargaining power

• Mediation: Parties settle amongst themselves with the help of a neutral third party known as a mediator who only facilitates the process of settlement. He helps them maintain communication and help them shift to interest-base to ensure an amicable resolution. It is a win-win system. ENFORCEMENT: After the parties agree to the terms, they sign and date the outcome as witnessed by their lawyers. Thereafter, the parties file it in court and agree that the terms of settlement be made a consent judgement by the court. Mediation is governed by the rules of the mediation center.

• Conciliation: Here, conciliation is governed by ACA. The conciliator comes up with an opinion which is reduced to terms of settlement for parties to sign which is at the discretion of the parties. The conciliator tries to enforce his opinion on the parties.

• Arbitration: an arbitrator who sits as an umpire to decide the case is appointed. He hands down an award which is like a judgement of the court enforceable at the High Court. The parties may set aside the judgment in the HC on the grounds of Sections 29 and 30 of ACA, otherwise the award is binding. Bindingness of the award.

• Hybrid process e,g Neg-Med, Med-Arb often used in cases of breach of contract.

• Early Neutral Evaluation: Used in International commercial transactions.ample a dispute between Chevron and Shell, a petrochemical Engineer comes as an early neutral evaluator to evaluate the strength and weaknesses of the case. The parties then decide whether to go on with litigation or resolve amicably.

Advantages of ADR over litigation

1. It is cost-effective: In short term, ADR can be more expensive than litigation but in long term it is cheaper than litigation. In ADR, all the expenses are borne by the parties while in litigation; some of the expenses are not borne by the parties.
2. Preservation of relationship between the parties: Most ADR has a win-win situation on both sides, although arbitration is now similar to litigation as it is governed by stringent rules where there is a winner and loser. Strictly in litigation, it is a win-lose situation. Preserves the pre-dispute relationship between the parties.
3. Privacy of the parties: ADR helps preserve the privacy of the parties. In litigation, the process must be held in public except under certain conditions thus in private. Again most parties to litigation do not return as friends even in matrimonial proceedings. And in commercial area of law, ADR is most relevant as there might still be need to continue business relationship.
4. It is less formal: The court room where litigation is carried out is usually tense. For the lawyers, it is difficult, there are a lot of rules and procedures which must be followed and also for the layman, it is extremely difficult. In ADR session, it is more of business meeting where coffee can even be served. Hence the layman is likely to prefer such environment.
5. The parties can determine the umpires. They determine the mediator or arbitrator or conciliator.
6. Involvement of people: ADR processes are parties driven. Parties can determine the time, venue, language and pace in the ADR process. In litigation, parties are not involved. It is controlled by the court.
7. Saves time.
8. Encourages compromise
9. Decongest the cases before the courtrooms
10. Encourages the use of experts.

Disadvantages of ADR

1. ADR hinders the development of case law..
2. Lack of binding force: ADR processes usually lack binding force except arbitration as the ACA provides for its bindingness. However for the others that have no binding force, the parties can and usually make an effort to reduce the decision reached in the ADR process into a binding agreement. In other words, by their own nature, most are not binding but there are means to making them binding.
3. Parties can easily re-open the matter EXCEPT in Arbitration.
4. Its application is limited in some cases.
5. The other methods have no legal framework. Only arbitration and conciliation have binding force under ACA
6. Decisions are usually not appealable.

Limitation of ADR

• Where the case is purely a criminal matter..

• Election petitions, being matters of public policy cannot be resolved through ADR.

• In matrimonial causes, because parties have to come to court to give evidence in the case of dissolution of marriage and judicial separation.

• Certain matters that require evidence to be proved. For instance, a declaratory relief being sought must be proved by evidence.

• Injunction restraining an act.

• Enforceability of judgement

• Enforcement of FHR.

• Interpretation of statutes and the Constitution.

The Companies Allied Matters Act S. 1(1) established CAC. It is a body corporate with perpetual succession and common seal. It can sue and be sued in his corporate name. It can acquire property whether movable or immovable. The chief executive of the CAC is the Registrar-General. The members of the CAC include the following - s. 2 CAMA

1. A chairman
2. A representative of the business community
3. A representative of the legal profession
4. A representative of the accountancy profession
5. A representative of the manufacturers association
6. A representative of the securities and exchange commission
7. A representative of the federal ministry of commerce
8. A representative of the federal ministry of justice
9. A representative of the federal ministry of industry
10. The Registrar- General of the commission.

The members of the commission except the Registrar-General are part-time members - s. 3(3). The quorum for meeting is five - s. 5(3) CAMA.

Functions of the CAC - s. 7 CAMA

The functions of the CAC as found in s. 7 are broadly divided into five. These are:

1. The regulation and supervision of the formation, incorporation, registration, management and winding up of companies. This is however subject to the provision of s. 541 of CAMA on existing companies (before CAMA)
2. To establish and maintain a company’s registry and offices in all the states of the federation.
3. To arrange or conduct an investigation into the affairs of any company where the interests of the shareholders and the public so demand
4. To perform such other activities as may be specified by any Act or enactment
5. To undertake such other activities that are necessary or expedient for giving full effects to the provision of this Act.

When drafting a letter to the CAC, it should be addressed to the Registrar-General. Also Registrar of business name.

Accreditation of professionals by the CAC
The CAC specify the professionals that should deal with it. In addition, as it relates to just part A of CAMA, the professionals to deal with it must be duly accredited. The CAC is empowered to demand accreditation though not expressly but under s. 7(1)(e) of CAMA. The accreditation expressly provide for incorporation of companies under part A and not B and C. In practice, unaccredited persons cannot deal with CAC as it relates to part B and C. The accredited professionals are:

• Legal practitioners or their firm
• Chartered accountants or their firm
• Chartered secretaries or their firm

PROCEDURE FOR ACCREDITATION AT CAC

1. Obtain and complete the CAC accreditation form.
2. Submit the duly completed Accreditation Form with following documents/materials:
   a. Two passport photographs of the individual or partners of the firm
   b. A copy of your professional qualifying certificate
   c. Current practicing fee receipt for the year of application
   d. A copy of National Youth Service Corp (NYSC) discharge or exemption certificate
   e. Accreditation fee of N5,000.

Identification for legal practitioner is CAC/NBA/IND/0001 or Firm CAC/NBA/FIRM/0001.

If the accreditation card is lost, it can be replaced. The requirements for replacement are:

• Police report
• Affidavit of loss
• Copy of receipt of payment of practicing fee for the year in which the replacement is sought.
• Copy of qualifying certificate
• Replacement fee

All these are to be attached to a cover letter applying for replacement.

S. 1(1) of Investment and Securities Act (ISA) established the Securities and Exchange Commission. SEC is a body corporate with perpetual succession and common seal. It may sue and be sued in its corporate name. It has power to own property both movable and immovable. The chief executive officer is the Director-General with at least 15 years’ experience in capital market operations and accounting officers

Functions of the Securities and Exchange Commision - s. 13 ISA

1. Regulate investment and securities business in Nigeria as defined in the ISA.
2. Register and regulate securities exchanges, capital trade points (CTP) inter alia
3. Regulate all offers of securities by public companies and entities
4. Register securities of public companies
5. Keep and maintain a register of foreign portfolio investments and foreign direct investment.
6. Review, approve and regulate mergers, acquisition, takeovers and all forms of business combinations.
7. Enter and seal up the premises of persons illegally carrying on capital market operations
8. Conduct research into all or any aspect of the securities industries.
9. Prevent fraudulent and unfair trade practices relating to the securities industry
10. Advise the minister on the matters relating to the securities industry

Registration of professionals as Capital Market Operators/Consultants (CMO) or CMC

Registration by SEC is totally different from accreditation by CAC. See SEC v. Prof A.B. Kasunmu SAN (2009) 10 NWLR (Pt. 1150) 509.

To operate in the Nigerian capital market as a CMO/CMC, one must be registered by SEC. this is because section 38(1) of ISA provides that no person shall operate in the Nigerian capital market as an expert or professional or in any other capacity as may be determined by SEC; or carry on investment and securities business unless he is registered in accordance with ISA and the rules and regulations made thereunder.

Therefore, in exercise of its powers to register and regulate corporate and individual capital market operators under section 13(g) ISA, Rule 178(1) of SEC Rules 2013 provides that the following experts or professionals, whose opinions impact directly on capital market transactions are subject to registration by SEC:

• Legal practitioners
• Accountants
• Auditors
• Engineers
• Estate valuers
• Property managers
• Any other expert or professional as may be determined by SEC from time to time

There are two categories of registration:

• Registration of corporate bodies (companies) Rule 178(2)A
  Procedure:
  1. Submit an application for registration in Form SEC 3 with a receipt of payment of 5,000 Application fees.

• Registration of firms and individuals carrying on business in their true names Rule 178(2)B

For corporate bodies, the requirements for the application for registration are listed under rule 178(2)A as follows:

• Set of duly completed form SEC 3
• Two sets of duly completed form SEC 2 to be filed by at least two sponsored individuals, one of whom shall be a principal partner
• CV of the sponsored individuals including details of activities stated in order of time from secondary school till date
• A copy of the certificate of incorporation of the company certified by the company secretary. Where an uncertified copy is filed, the applicant must present the original for sighting by an authorised officer of SEC
• Profile of the company indicating past and present activities
• Two copies of the MEMART certified by CAC
• Signed copy of audited account or audited statement of affairs
• Full postal address of immediate past employer of sponsored individuals
• Sworn undertaken to keep proper records and render returns as may be specified by SEC from time to time
• Evidence of minimum paid up capital of N5million. That is, bank statement of 3-6months of the applicant with minimum balance of N5million

For firms and person carrying on business in their true names, the requirements are under Rule 178(2)B as follows:

• Duly completed form SEC 2
• Certified copy of certificate of business name (where applicable)
• CV of at least two officers (known as sponsored individuals) including details of activities arranged in order of time from secondary school till date
• Profile of the firm, including details of past and present activities
• A copy of the partnership deed (where applicable)
• Full postal and electronic address of immediate past employer of sponsored individuals
• Sworn undertaken to keep proper records and render returns as may be specified by SEC
• Sworn statement that the provisions of the Act has been complied with.
• Evidence of payment of practicing fees by sponsored individuals
• Professional indemnity insurance
• Evidence of minimum net worth of N2,000,000 for a firm, and 500,000 for an individual.

N.B AFTER THE APPLICATION HAS BEEN SUBMITTED, SEC HAS 60 DAYS TO CONSIDER THE APPLICATION. SEC CAN REFUSE AN APPLICATION BUT SEC WILL STATE THE GROUNDS FOR SUCH REFUSAL AND GIVE THE APPLICANT AT LEAST 14 DAYS FROM THE DATE OF THE NOTICE FOR THE APPLICANT TO COME AND MAKE REPRESENTATION TO SEC.
AFTER 14 DAYS, REASONS FOR THE DELAY TO MAKE REPRESENTATIONS MUST BE GIVEN.

SEC registers the following:
• Limited liability company - N5,000,000
• Firms - N2,000,000
• Individual - N500,000

SEC requires registration while CAC requires accreditation.