Corporate Social Responsibility: DIRECTORS' DUTIES & ENFORCEMENT

Corporate Social Responsibility: DIRECTORS' DUTIES & ENFORCEMENT: "DIRECTORS' DUTIES & ENFORCEMENT" “The proper governance of companies would become as important to the economy as th...

DIRECTORS' DUTIES & ENFORCEMENT

"DIRECTORS' DUTIES & ENFORCEMENT"

“The proper governance of companies would become as important to the economy as the proper governance of countries”.  James Wolfensohn, President of World Bank 1995

The directors constitute the board described by Denning LJ as the brain and hand with which the company acts. Decisions as to the running of the company are made by the board. One of them, the managing director is the chief executive of the company, who is empowered through the articles to carry out the functions of a chief executive which is largely implementing the policies of the Board. The managing Director is not necessarily an agent but performs the functions of an agent.

 INTRODUCTION   

   　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　        

The Company Law Series is based on the provisions of Companies and Allies Matters Decree 1 of 1990, as amended.　 This part is entitled

 "DIRECTORS' DUTIES & ENFORCEMENT".

This book was first authored by Barr. Iyke Ozemena in 2010 having lost  huge sums of money in various currencies involved in online trading during the 2008 global economic meltdown.  Corporate leaders (directors) were specifically responsible for the losses.  Since after economic recovery and writing of the book, no doubt in a fast changing world, especially digital innovations have gone viral and exponential. Besides “internet of things” technology is just around the corner with driver-less cars already on the road, therefore the revision of this book became necessary.  He authored many other books available at: https://www.amazon.com/author/iykeozemena

He is experienced online trader at the New York Stock Exchange as well as Nigerian Stock Exchange for several years and those experiences enriched the book.  While doing all those he was/is columnist in various magazines and newspapers with enormous literary contributions including recent ones to be found at: https://www.thenigerianvoice.com/author/IykeOzemena  and  http://corporateleadersboard.blogspot.com.ng/

The author welcomes contacts on social media thus:  https://web.facebook.com/corporateboard.corporateboard, while his twitter handle is: https://twitter.com/cpurecord

This abridged approach is to provide quick reference to the relevant sections of law as they affect directors’ duties and enforcement. Where possible, case laws are used to illustrate and graphically explain  the implications of the various principles and provisions of the laws postulated.

The reader would also find abundant examples of breaches of the statutory duties and their requisite sanctions; ranging from fine, rescission, restitution to removal from office. In this revision critical questions were raised as to the adequacy or otherwise of the sanctions and suggested alternatives.

It is compiled with Corporate Attorneys, Solicitors, Company Secretaries, Law Students, Directors of Public and Limited liability companies, as well as Stockbrokers and Stock Exchanges in mind. Those writing professional examinations in which company law is one of the subjects would find the book of great assistance.

Shareholders and those conversant with Annual General Meetings of public companies would find a lot of explanations, procedural guide and support, especially the introduction of digitalized dividend payment systems. 

　

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　 ACKNOWLEDGEMENT

This book would be incomplete without the acknowledgement of Mr David Commodore M.B.C.S. (London) who took the computer consultancy and typesetting. 

You can find more resources from Iyke Ozemena's books at:

www.corporateleadersboard.blog.com
www.facebook.com/corporateboard

amazon.com/iyke ozemena books
http://www.amazon.com/dp/B0075RXXLE    COMPANY SECRETARIES HANDBOOK
http://www.amazon.com/dp/B005783S6S      DIRECTORShttp://www.amazon.com/dp/B005MKCESY    MEETINGS: Dynamics and Legality 

ABOUT THE AUTHOR:

Iyke Ozemena, Corporate Attorney/Consultant

I am the principal partner at Ikechukwu O. Odoemelam & Co, legal practitioners of the Supreme Court of Nigeria. After obtaining a bachelor’s degree from the University of London in 1985, I proceeded to the Nigerian Law School for the mandatory one year training culminating in my call to the Bar in 1986.

EDUCATION

University of London

LL.B

1985

Nigerian Law School

BL

1986

Diploma Business Administration/ICSA

EXPERIENCE     -    PRACTICE SPECIALIZATION

Intellectual property Law, Constitution and Human Rights Law, Property/Real Estate Law, Business and Maritime Law, Finance and Project Development Law, Immigration and Corporate Law, ADR, Skills Acquisition & Empowerment Coach, Corporate Governance and Policy Analyst/Consultants

Corporate Social Responsibility: KENYA’S CONVOLUTED DEMOCRACY

Corporate Social Responsibility: KENYA’S CONVOLUTED DEMOCRACY: KENYA’S CONVOLUTED  DEMOCRACY  Democracy in Africa has been a turbulent, convoluted and volatile experiment since gaining independence f...

KENYA’S CONVOLUTED DEMOCRACY

KENYA’S CONVOLUTED  DEMOCRACY 

Democracy in Africa has been a turbulent, convoluted and volatile experiment since gaining independence from colonial administration by former colonies. Most of the countries including Nigeria were not ready with skilled administrators at independence, while the constitution foisted on them were similar to the colonial administrators whether or not they served the peculiar needs of the nations.

The legitimacy and integrity of a government derives from the legitimacy of the election that produced it. Whether or not  an election is legitimate depends on some critical elements and  adjectives such as fair, free, credible  and transparent.  To confirm the acceptable balance of  all these qualities in an objective manner is the onerous tasks  of the electoral umpire.  In Nigeria that body is Independent National Electoral Commission (INEC).

Most of the political problems in Nigeria since independence have been attributed to leadership.  And many African countries like Kenya share similar experiences. Political leadership invariably emerges from electoral system in place.  The corrupt electoral system got a serious blow when the late President Musa Ya’Adua vowed to reform the system through technology and his successor almost perfected the vow and sacrificed his personal ambition to ensure the success of the reforms in 2015.

To further deepen the momentum commentators  consider INEC’s new security device as an enhancement to election transparency.  The Chairman Prof. Mahmud Yakubu was quoted that : “The changes that made 2015 election a success was IT, beginning with voter registration, collation and transmission  of results.”  Perhaps INEC’s success in managing 2015 election qualified it to tutor other African countries like Kenya as it did to Benenois electoral commission that had their elections in February 2016.

The need for tutoring other African countries the realities of transparent electoral success is pertinent because electoral malpractices and flawed processes have been responsible for woes, political crises, instability, loss of lives and properties; and led to wars in Congo, Sudan, CAR, Cote d’Ivorie etc.

Today Kenya is the country in focus which illustrates all odds and vices associated with electoral malpractices even though it is not alone; it has become global but here we have seen extreme cases which many advanced countries have outgrown.  These discrepancies led Chief Justice David Maraga  of Kenya Supreme Court to declare the August 2017 presidential election won by sitting President Uhuru Kenyatta null and void.  The judgment necessitated the second election that is now showing indications of not complying with the laws.  The chairman of Independent Electoral and Boundaries Commission (IEBC) doubted the credibility of the second election.  To corroborate that was the resignation of  Roselyn Akombe a senior member of IEBC, alleging lack of transparency and credibility.

Similar circumstances befell the 2007 general election which resulted in social-political upheaval. The situation defied solution until the former Secretary-General of the United Nations, Dr Kofi Annan mediated and the award led to the passage of National Accord and Reconciliation Act 2008.  This instrument created the office of Prime Minister with Raila Odinga occupying the post for the first time since 1964.

Another instrument aimed at bringing lasting political solution in Kenya was introduced in 2010. Kenyan Trans-formative Constitution 2010 provide for two-round system:  The first round is first-past-the-poll or ordinary majority.  The second round ensures that a successful candidate gathers at least 50% of total votes, and 25% in at least 24 counties of the 47 national counties.  This new constitution was first put to test in 2013 election with Uhuru Kenyatta of Jubilee Party defeating Raila Odinga of Orange Democratic Movement.

Besides the 2010 constitution created the office of the Judiciary Ombudsperson.  There is also in existence  a civil society organization called Court Users Committee found at the grassroots  of the country increasing political awareness of citizens. A  conglomeration of them form what is known as National Council for the Administration of Justice (NCAJ).

 In furtherance of good corporate governance Article 10 the constitution requires all state organization of which judiciary is one to apply national values and principles of governance enumerated there under in the execution of their mandates. Article 10 (2) (c) in particular identifies ‘good governance, integrity, transparency and accountability’ as part of the body of these principles of governance.

There is also the provision by s.5(2) b which requires the Chief Justice  to prepare and present the state of the judiciary annually called ‘Judiciary and Administration of Justice Report’ (SOJAR) which may include this year’s radical and controversial judgment, to the public, senate and National Assembly for debate and approval and thereafter have the report gazetted.  Until then it may well be that Kenya's democracy is in retreat.

Iyke Ozemena

Attorney                                                                                                                                                                     

IKECHUKWU O. ODOEMELAM & CO                                                                      Corporate Attorneys/Consultants         

www.facebook.com/corporateboard

amazon.com/iyke ozemena books
http://www.amazon.com/dp/B0075RXXLE    COMPANY SECRETARIES HANDBOOK
http://www.amazon.com/dp/B005783S6S      DIRECTORShttp://www.amazon.com/dp/B005MKCESY    MEETINGS: Dynamics and Legality 

                                                                                                                        

MUST READ!: State Of The Nigerian Economy

MUST READ!: State Of The Nigerian Economy: By Nebo Ike When the decisions of the apex court on the 2015 election petitions, in which the ruling party (PDP) got badly wounded was ann...

Corporate Social Responsibility: BREXIT: CHANGES AND CHALLENGES

Corporate Social Responsibility: BREXIT: CHANGES AND CHALLENGES: BREXIT: CHANGES AND CHALLENGES As ROUND 3 of Brexit negotiations commences this paper highlights some major positive and negative chan...

BREXIT: CHANGES AND CHALLENGES

BREXIT: CHANGES AND CHALLENGES

As ROUND 3 of Brexit negotiations commences this paper highlights some major positive and negative changes that have taken place; and the changes expected sooner or later as well as challenges facing them.

The first legal impact of Brexit is the shock of stripping UK of all the benefits of EU nations, especially the rights accruing from European Economic Area Act 1993(EEA). To avoid the greatest economic, diplomatic and constitutional problem supporters of staying in the EEA at least temporarily believe it is the best model for providing certainty for businesses without EU membership. The UK is a member of the EEA by virtue of membership of the EU.

This provisional arrangement, which would avail UK with the advantages of the single market and largely persist with free movement, would give UK breathing space. Presently members of the EEA are part of the EU’s single market; existing non-EU members include Norway and Iceland. If they succeed with this submission the transitional period would end in March 2019 and for at least a few years after Brexit. Some Labor and conservative MPs have demonstrated support for this submission.

Apparently the success of the above submission would provide escape route from a possible return to WTO rules for trade between the two markets; high customs duties, burdensome controls and high transport costs. But the snag remains that EU treaties provides that there can be no trade deal until the UK leaves the EU. So chicken and egg, which one comes first?

UK jobs, Work Permit and Visa

UK Immigration Policy is geared towards tight control. Prime Minister May has also committed to a long-term numerical cap for 100,000 net migration to the UK. For applicants to UK to include a requirement for migrants to have a firm job offer before being granted entry to the country. Besides the usual requirement that the applicant at the date of the application must be 18 years old with valid international passport expiring not less than five months time; bank statement of account is also required to ascertain the viability of the source of sustainability.

It is speculated that UK would be divided according to labor target areas. The visa would allow for migrants to be able to work in areas of labor shortages but would not entitle them to seek for employment in other areas of the UK

According to experts EU fishing boats can still operate in UK waters after Brexit. One of the implications is that UK lost some rights even after leaving EU. Farmers say the UK produces only 60% of its own food therefore must increase production to forestall food insecurity after leaving the EU. This may trigger off demand for farm and agriculture workers.

France has commenced review of its Labor Laws to make is easier for job seekers to comply with the extant regulations. Besides other EU cities are gearing up to take the role UK cities played during their sojourn in the EU.

UK Border controls as she leaves EU market

Leaving the EU is UK’s long term political commitment as well as leaving European Court of Justice (ECJ). Coming with that will be the imposition of greater controls on immigration and trans-border commercial transactions. This scenario presents a difficult time for UK and EU nations, especially regarding existing policies on electricity, gas and other energy issues. So expecting changes in these areas would make common sense by prospective business people.

According to the guidance issued by the UK Financial Conduct Authority, Six months “processing time” required by the new Market in Financial Instrument Directive that “to be sure that we can determine an application in time for January 3, 2018, it needs to be complete by July 3, 2017”. This is for both domestic and cross border businesses. The compliance of this policy change is to be enforced by European Securities Market Authority.

One member of UK parliament commented on the necessity for these imminent changes that the situation with the status quo appears defective because it “dismantles the apparatus of the single market and the customs union and it extinguishes any role for the European Court of Justice”.

Citizenship

However, Barnier an MP said, a stumbling block remained the issue of whether the rights of EU nationals in the UK would be overseen by the European court of justice, something Theresa May has ruled out. UK negotiators have been advised to be more flexible and imaginative on the issue of citizenship. This follows the decision of Brussels that British citizens living in EU nations could lose their rights after Brexit.

Pending UK judicial processes are still subject to European Court of Justice until such changes that are being proposed the Brexit bill.

Iyke Ozemena

Attorney

IKECHUKWU O. ODOEMELAM & CO

Corporate Attorneys/Consultants

#BREXIT

Corporate Social Responsibility: THE HARVEST OF PRACTICAL ENTREPRENEURSHIP GETTING ...

Corporate Social Responsibility: THE HARVEST OF PRACTICAL ENTREPRENEURSHIP GETTING ...: THE HARVEST OF PRACTICAL ENTREPRENEURSHIP GETTING BOUNTY Entrepreneurship is private enterprise that produces enough reward that sustain...

THE HARVEST OF PRACTICAL ENTREPRENEURSHIP GETTING BOUNTY

THE HARVEST OF PRACTICAL ENTREPRENEURSHIP GETTING BOUNTY

Entrepreneurship is private enterprise that produces enough reward that sustains the venture or economic activities.  Usually the profits realized support survival, growth and expansion of the project.  

The initial challenges are the visualization of business opportunities which involves huge, expensive researches and resources.  Another problem is non-availability of capital.  Even after acquisition of such capital the risk of losing the meager sum when the experiment fails. Americans are better off in this regard because of special fund available for trying entrepreneurs against possible failure.

For these reasons entrepreneurship is not a palatable or voluntary vocation of many school leavers, especially for those who have the opportunity of acquiring tertiary education.  Having attained that height in countries with poor size of trained and skilled manpower, the propensity is to hunt for white-collar job in order to recoup the cost of high education.

A couple of years ago, not quite long because even in the ‘90s Nigeria was still referred to as a country that was inadequate in terms of qualified and skilled human capital, especially in top  management, ICT, banking and finance, oil and gas as well as technology which is a measure of nations’ social progress.  Just after the end of last millennium there was sudden turn reported by the media that job market was gradually becoming saturated with job-seeking graduates. It was only then that it dawned on the jobless graduates that beyond academic qualifications paraded by the applicants, other skills were required to grab few jobs available, then competition to become skilled heightened.

It is this desire to be skilled in order to grab white-collar job drove a lot of graduates and non-graduates to involuntary entrepreneurship. However, both federal and state governments  responded appropriately by providing infrastructures for skills acquisition and empowerment programmes.

To further enhance the opportunities of earning income the government introduced NPower programme, conditional cash transfer, agri-preneur and other economic and engaging activities. Even as Abia  government  trains hundreds youths from each of the 17 LGAs.  For Rivers state more and more of its youths receive scholarship annually for professional training/entrepreneurship  abroad. Kenyan government went beyond all these  to make it mandatory for the youth and women to undertake 30% of contracts it awards thereby encouraging entrepreneurship.

Some beneficiaries of these programmes that embraced entrepreneurship involuntarily may have reached a point of no-return  with Education fo Employment programme embarked upon by the Abia state government.  Recently the first batch numbering over 200 graduated by this programme had their convocation attended by prominent entrepreneurs and influencers including former Governor of Anambra state, Mr Peter Obi.

The  chairman of Nigeria Security and Exchange Commission, after applauding the government’s programme urged the grandaunts to consider themselves fortunate for among them would come a ‘Bill Gate’, the world richest technologist and entrepreneur.  For the grandaunts there can be no higher wish than that.

Iyke Ozemena

Attorney

IKECHUKWU O. ODOEMELAM & CO                                                                                     Corporate Attorneys/Consultants

amazon.com/iyke ozemena books

http://www.amazon.com/dp/B0075RXXLE    COMPANY SECRETARIES HANDBOOK

http://www.amazon.com/dp/B005783S6S      DIRECTORS
http://www.amazon.com/dp/B005MKCESY    MEETINGS: Dynamics and Legality 

Corporate Social Responsibility: EU BUSINESS REGULATIONS IN UK

Corporate Social Responsibility: EU BUSINESS REGULATIONS IN UK: EU BUSINESS REGULATIONS IN UK It is certainly not business as usual since British electorates opted to leave EU, now known as Brexit....

EU BUSINESS REGULATIONS IN UK

EU BUSINESS REGULATIONS IN UK

It is certainly not business as usual since British electorates opted to leave EU, now known as Brexit.  Coming together in the first place was a product of a huge legal labyrinths.  Disentangling the structure means another elaborate legal  challenges especially to the international business community, as well as the common understanding of the legal environment by citizens.

Members of EU have uniform commercial code which are like templates for international business transactions across member nations.  Of course with Brexit the equation has been altered.  Some business deals that were concluded before the commencement of Brexit are clearly out of the purview of this discourse, except to watch out how UK laws would affect the status quo.  However, for many of such negotiations that were not concluded before Brexit they remain ‘unfinished business’.

A bill in the making at the UK parliament shall, when passed into law, repeal  such laws that subjugated UK extant business laws to the EU uniform commercial code. It would provide also the power to retain such laws that are beneficial to UK business environment and overall interest.  To this end, any enforcement process against UK companies and businesses regarding compliance of EU laws would fail unless it coincides with UK laws.

Although UK has not completed the processes of exit and so not clear as to the contents of the package, it is feared  that Britons living in EU nations stand to lose their rights accruing to other EU citizens.  Also feared not to be available to UK citizens is the right of appeal from UK to EU Court of Justice that has been the vanguard of EU citizens human rights.

There is no doubt that EU has demonstrated global leadership in the protection of fundamental human right, insisting also that it should be the world’s parameter. Through its surveillance it warns nations derailing from the parameter to refrain from excesses. Recently such reprimand went to Polish government whose proposed judicial reforms would allow parliament and justice minister to appoint judges.  Although Poland finds a strong ally in Hungary which has shown solidarity towards the reforms against possible EU criticisms and sanctions, similar situation is about to occur in Zimbabwe without a hoot from Africa Union.

Meanwhile UK business negotiations should be undertaken with the hindsight of Brexit.  Except pending transactions aka ‘unfinished businesses’ sanctions and remedies are now based on UK laws.  The intricacies and details shall engage the attention of subsequent comments. 

Iyke Ozemena

Attorney

IKECHUKWU O. ODOEMELAM & CO                                                                                                         Corporate Attorneys/Consultants

amazon.com/iyke ozemena books

http://www.amazon.com/dp/B0075RXXLE    COMPANY SECRETARIES HANDBOOK

http://www.amazon.com/dp/B005783S6S      DIRECTORS
http://www.amazon.com/dp/B005MKCESY    MEETINGS: Dynamics and Legality

Corporate Social Responsibility: EUROPE'S OPTIMISTIC UNION

Corporate Social Responsibility: EUROPE'S OPTIMISTIC UNION: EUROPE'S OPTIMISTIC UNION Inspite of all challenges Europe seem optimistic about the unity of its community. Of course it has been...

EUROPE'S OPTIMISTIC UNION

Inspite of all challenges Europe seem optimistic about the unity of its community. Of course it has been looking optimistic because of numerous economic and human right advantages that led to its formation until recently when British electorates voted in a referendum to exit from the union.

Brexit has since then generated a lot of heat within and without the community, not only about the re-appraisal of its existence but also the process of exit and detailed implications of member exit. Meanwhile the outcome of French elections, the result of crucial and far-reaching referendum in Turkey as well as the imminent G20 summit in Hamburg, Germany have collectively posed some challenges to the stability of the union.

Prime Minister Theresa May called an early election in order to consolidate and garner more support for Brexit endeavors. However, June 8, 2017 election produced a lean harvest. Even in the face of a hung parliament courage and patriotism became the stabilizing factor in Britain on the verge of exit from EU.

French presidential election produced a young President that holds the union to his chest, giving a plus to the union during his tenure. To consolidate this position the parliamentary election produced more female candidates than expected. This unexpected feat apparently favors pro-Euro politicians.

After the attempted coup in Turkey in 2016 President Erdogan proposed a number of constitution amendments which significance was to enhance his powers to deal with the various malaise. He won 51.4% support of the electorates. This electoral victory is not popular in Europe because of excessive executive powers without mechanisms to check those powers. This means that transparency and accountability to EU’s standard may be missing; phenomena which the union frowns at.

If you consider the fact that most G20 countries come from Europe and a fortiori on the same page with EU policies, the protests against its policies by human right activists, labor and religious groups, one reckons the summit may not be a plus for EU. The summit is expected to condemn protectionism which is inimical to global interests, because of its effect on innovation and competition.

On a rather sad end Helmut Kohl ex-German Chancellor that passed on recently was known for his efforts towards unification of Germany and Europe; and so nicknamed a “great European” “essence of Europe” etc. even at death. The tributes at his funeral provided doses of optimism at a time the community needs it.

Iyke Ozemena

Attorney

IKECHUKWU O. ODOEMELAM & CO

Corporate Attorneys/Consultants

amazon.com/iyke ozemena books
http://www.amazon.com/dp/B0075RXXLE    COMPANY SECRETARIES HANDBOOK
http://www.amazon.com/dp/B005783S6S      DIRECTORS
http://www.amazon.com/dp/B005MKCESY    MEETINGS: Dynamics and Legality 

Corporate Social Responsibility: THE STORM IN BRITISH PARLIAMENT

Corporate Social Responsibility: THE STORM IN BRITISH PARLIAMENT: THE STORM IN BRITISH PARLIAMENT The Economist refer to UK as “The Reluctant European” for so many obvious reasons one of which is Euroscep...



As Britain battles with Brexit negotiations the rest of the world have enormous lessons to learn from the development. In the past decades most part of the world embraced regional integration but discovered that the notion on itself does not provide all the socio-political and economic panacea envisaged.

THE STORM IN BRITISH PARLIAMENT

THE STORM IN BRITISH PARLIAMENT
The Economist refer to UK as “The Reluctant European” for so many obvious reasons one of which is Euroscepticism.
 Britain did not embrace the idea of European Union which originated from the Treaty of Rome 1957. When she did, it was after a referendum that it finally joined European Economic Community (EEC) through the enactment of European Community Act 1972. Three years after joining she felt unsure whether she had made a wise decision or not, necessitating another referendum in 1975 which confirmed majority’s decision to join EEC.
When Economic and Monetary Union (EMU) was established in 1992 with European Central Bank, Britain refrained from adopting Euro as her national currency and Sterling never yielded. Because of the far-reaching legal implications, it is not a project countries would like to embrace in a hurry. In the case of European Union, Britain is one country that pondered over the idea, debated and protested  about it until they finally joined in 1972. But they skipped the monetary union. One of the reasons for doing so was the issue of sovereignty.
About June 30, 2015 when it had become abundantly clear that Greece failed its international debt obligation,  Britain threatened to pull out of the EU, a threat that was made real a year later. Perhaps the pressure on European countries to fulfill their obligations to the avalanche of refugees from Syria, Afghanistan, Iraq etc hastened UK’s action in pulling out soon.
Theresa May being the 2nd female Prime Minister (PM), was/is a pro-remain EU conservative, unlike Mrs Margaret Thatcher, late former Premier who was not in a hurry to drag Britain to Brussels; in her view that amounted to subjugation of Westminster. Within the episode the  supremacy of parliament became the subject-matter of litigation to the Supreme Court.
In a split judgment of 8 to 3, it took the Supreme Court four days in December, 2016 to decide the appeal from the High Court in favor of an Act of Parliament to kick-start the process of leaving European Union.  Before the landmark decision, Prime Minister Theresa May thought and expected the role of parliament in the episode to be that of a by-stander, or complimentary.  Rather than waiting and concurring with the British government’s procedures as stipulated in Article 50 of the Treaty, the Supreme Court declared that indeed the legislature is in charge of the template to chart the retreat to the disappointment of the PM. For the PM it is unnecessary “parliamentary interference”; and for the opposition Article 50 of Lisbon Treaty requires amendment “to prevent the conservative from using Brexit to turn Britain into a bargain basement tax haven”.
Article 50 TEU provides for notification in case of Brexit but commentators hold the view that there may  be other ways.  But does notification connote exit and exonerations from every legal obligations binding through membership? The real basis of EU was signatory to Lisbon Treaty 2007 which consolidated the Treaty of Rome 1957 and Masstricht Treaty 1993.
The PM thinks the repeal of European Communities Act 1972 and communication to Brussels by her government are all  required,  while the Supreme Court  felt there is something more serious in it that requires parliament to legislate on it, to trigger of exit negotiations. There seem to be consensus that once activated Article 50 is irrevocable; i.e no going back to European Union after exit. However, some commentators  relying on Article 49 feel it is revocable as they also refer to the High Court’s case of R (Miller) V. Secretary of State for Exiting the European Union.  The referendum is only a wish, proclamation of sort which has done nothing yet to remove Britain from EU at least two years after the referendum.

There is no doubt now that Brexit has caused tremendous uncertainty for the regional economy and global business. It started by the  EU Summit on Tuesday 28th June, 2016 the first after Brexit, featuring its global economic implications.
EU law incorporates European Convention on Human Rights, European Human Rights Commission, European Court on Human Right and any member country that joins is bound by these provisions and of course the fact that the rule of law and human rights are non-negotiable; but when exiting what components of the bargain go with exit?
There are now heated debates both inside and outside UK parliament as to what would be left for citizens after Brexit: certainly “Europe’s last dictatorship” is not an option. Therefore Leading lawyers and legal experts in their letter to ‘the Observer’ are warning that Brexit could trigger a human rights crisis in the UK that threatens to have a ‘domino effect’ across Europe.
Apart from a group with the tag ‘89up” which has embarked on a bandwagon mission of making Europe  ‘a more open,  pluralistic and democratic place’, the bunch of eminent legal luminaries have also joined the protest. Over 50 British lawyers, including  silks, Baroness Kennedy QC, Lord Lester QC, Sir Geoffrey Bindman QC expressed concern in a joint letter to the PM about the modalities of ensuring compliance with the rule of law in Britain after exit.
Their fears:
“We are calling for the EU to make Britain’s membership of the ECHR a legally binding requirement for any future free trade deal with the UK. The rule of law and human rights are non-negotiable when new countries join the EU.”
The action taken by these eminent lawyers points to the fact that in a democracy the government and state institutions alone cannot define the modalities of pluralist state. The need for inputs from civil societies is the hallmark of democratic and transparent governance.

Iyke Ozemena  
Attorney @

IKECHUKWU O. ODOEMELAM & CO
Corporate Attorneys/Consultants
https://corporateleadersboard.blogspot.com.ng/

THE SUCCESS OR FAILURE OF SOCIAL INVESTMENT AND NPOWER

THE SUCCESS OR FAILURE OF SOCIAL INVESTMENT AND NPOWER
As the Conference of Nigeria Political Parties (CNPP) embarks on fiscal performance monitoring  of  government policies the major one appears to be the social investment and NPower project.  The direction and implementation of Federal government’s policy on social investment and NPower remain unsatisfactory if the feedback from people across the nation is anything to go by. Feedback of any nomenclature is appropriate  for the government that put the scheme in place, for response and adjustment or scrapping. In other words its success and failure can be measured by the feedback so far.
I am aware that the scheme has three main layers with school feeding being implemented in phases of states across the country.  Just the same way 9 states were designated as pilot states. What criteria was adopted in the grouping of states that constitute the first, second and so on? Apparently asserting the equality of states the Finance Minister, Kemi Adeosun once said that “Every state is a center of prosperity”. Without further inquiry nothing  more than executive discretion appear to be the only criteria. This grouping of states has been criticized for the same reason why former Goldman Sachs economist, Jim O’Neil was criticized for coining group of nations: Mexico, Indonesia, Nigeria and Turkey as MINT and so on. The concept with economic problems of those nations as undertone was wrongly taken for investment concept.
However, for the conditional cash transfer scheme the first group of states comprising 9 states commenced the payment of N5,000 to the “most vulnerable” in the society amidst confusion as to what eligibility criteria is adopted or to be adopted by states and their communities.  Be that as it may, the implementation took off in earnest.  Meanwhile fingers are crossed as to how that pans out.
But judging from PMB’s first executive order on the recruitment of 10,000 police officers across the nation that failed to produce desired result because of eligibility criteria, one wonders whether the government learned any lesson from that experience which may come handy for application in the present scenario?  This was quickly followed by the proposed recruitment of 500,000 graduates across the nation as teachers.  Now one of the questions trailing the experiment is how ‘national’ is the scheme with the kind of disparity seen among the states with competing populations?
This issue of disparity were raised by the proposed beneficiaries from their different states. For instance looking at their data some states like Bayelsa, Akwai Ibom, Bornu produced poorer data (2000+) than Kogi, Lsgos (4000+).  What eligibility criteria led to this disparity? And why did federal character balance provided by s.43 of the 1999 Constitution not applied to assuage claims of improper balance?
Perhaps one of the perennial problems with governments when it comes to policies such as this social investment and NPower is inadequacy of publicity.  Since they are information-driven schemes, only major urban cities get the quantum of publicity that generate huge responses as opposed to relevant counterparts in non-urban remote states.  How was this acknowledged fact handled by the authority to balance the disparity? Or do we say that they were indolent to be domiciled in non-urban states as opposed to their cosmopolitan counterparts.
The stark result is that the policies are real and palpable in cosmopolitan states in relation to less urban states. I believe that the intensity of publicity of the information gave rise to the disparity of awareness  reflected on the response level by various states.  Therefore it c an be seen that enlightenment in one state appeared more in some communities than the others.  That brings to the fore the question as to whose responsibility it is to ensure that information of these critical policies receive grass-root awareness, mobilization and implementation.  Yet some of the problems appear circumstantial when you consider the fact that for instance no local government or community  is without cybercafés; whereas in states like Kebbi, Akwai Ibom, Ebonyi etc cannot boast of such luxury.  With programmes such as social investment and NPower and many others which are information-driven and online applicability the disparity is bound to be obvious, therefore shifting the burden of balancing the disparities on the authority.

Iyke Ozemena    Attorney

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