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07/03/2023

LEGAL CONTRACTS IN SURROGACY ARRANGEMENTS
By: Nwaforji Fabian C. Esq
Contracts are an integral and very necessary part of our twenty-first century progression. This is not just about the highly developed economies where they are used to writing contracts and/or agreements for just about everything. Nigeria should be one of those countries emphasizing on the need for legal contracts.
Many women have worrisome medical conditions which puts their lives at risk when looking for a baby . This Infertility could be due to the following: Polycystic O***y Syndrome (PCOS), Fibroid, Post Surgery complications, etc. Looking at the nature and gravity of these medical conditions, you might consider agreeing with me that surrogacy is such a good idea .The astonishing part is: many couples agree to surrogacy which is more of an alien culture to us but has been adopted and embraced while it is intriguing also that lots of people with such conditions are willing to pay huge amount of money to ensure the process runs smoothly and essentially fail to draft legal contracts in this regard.
But the question here is: Under what terms and conditions? Would it be favourable to parties concerned/involved? Has it been fully embraced in Nigeria? Of course, the answer is YES. Renowned Nigerians and Nigerian celebrities such as: Ini Edo, Folasade Tinubu – Ojo ( First daughter of the All Progressive Congress(APC) Presidential Candidate – Bola Tinubu ) . Nike Oshinowo are paradigms who have enjoyed/are enjoying the benefits of surrogacy. Note that this article is aimed at pointing out reasons on why there should be legal contracts for surrogacy in Nigeria:
Surrogacy is an arrangement/agreement for child bearing/delivery between a woman who carries and delivers the baby and the intended parent(s). This woman is usually called the surrogate mother. The process of the surrogate mother carrying the child and giving birth to the child is enabled by a technology called Assisted Reproductive Technology .
Let us talk about the different kinds of surrogacy arrangements available as at today
The genetic involvement of the surrogate mother’s fertilised egg or embryo and the donor/intended father’s semen through artificial insemination or sexual in*******se (IN VIVO FERTILISATION). Surrogacy via this means is called traditional surrogacy.
The process where there is no genetic involvement of the surrogate mother’s embryo or fertilised egg with the s***m or semen of the intended father. Instead, in this form of surrogacy, the male parent fertilises an egg from the female parent with his s***m or semen. The fertilised egg or embryo from this fertilisation is hence put in the womb of the surrogate mother to grow and be delivered (IN VITRO FERTILISATION).Surrogacy via this means is called Gestational surrogacy.
Surrogacy arrangements whether for monetary gains or not should be legally documented. when agreements are based solely on monetary terms , the surrogate mother accepts some amount of money as a form of compensation in addition to being reimbursed for her pregnancy- and surrogacy- related expenses that are incurred throughout the surrogacy process.This kind of surrogacy arrangement is called Commercial surrogacy.
REASONS WHY CONTRACT AGREEMENTS ARE IMPORTANT IN THE SURROGACY PROCESS:
• Adequate provision /care for the surrogate mother and the child to be born: Though the intended parent(s) are eager to have someone carry their child, they must make adequate provision for the surrogate mother who in turn has to ensure that all required of her is done to deliver a healthy baby. From registering at the hospital for pre-natal care once she is confirmed pregnant, to eating healthy diets, taking administered drugs by the gynaecologist and refraining from strenuous work that might harm the foetus/growing baby.
• Resolution of Parental Rights: This will clearly state how the intended parents will be established as the legal parents while the surrogate is relieved of all possible rights and responsibilities regarding the child.

• Confidentiality: It all depends on the parties involved.

• For prevention of disputes between the surrogate mother, the intended parent(s) and parties involved.

• To serve as evidence that the contract was not made under duress but consented to by all parties.

• Where there is a breach of contractual agreement. In the event where either of the parties, be it the surrogate mother, intended parent(s) or even doctor(s) involved in the surrogacy process breaches the contract by not fulfilling their obligations, it becomes binding that compensation be made to the other party/parties.

An example is the case of Shullam and Gamaliel Onyemaobi (A United States based couple) against Gift Chinyere Iheanyi Solomon who was threatened by the couple through the Interpol and the Nigerian Police to illegally and forcefully seize a set of twins in her custody. The surrogate mother claimed to have been abandoned with the twins without financial support from the intended parents while the latter stated that it was the former who took the twins out of their reach and also violated the surrogacy agreement by having sexual in*******se with her lover.
In this scenario, the contract agreement will clearly point out the defaulter, ensure that the defaulter is sanctioned or made to face the law while the other party gets compensated for the breach of contract.
The vital elements which make it necessary to draft a contract agreement between a surrogate mother, intending parent(s) and the medical practitioner or institution are as follows:
• An offer made by the intended parent(s) who is/are the offeror(s) to the surrogate mother/third party through a medical agency.

• An acceptance by the surrogate mother who is the offeree.

• Consideration which is something of value in exchange for the services of the surrogate mother and/or other parties involved.

CONCLUSION:
It is a key concern that individuals seeking to draft a surrogate contract go through the right channels .i.e. the involvement of a legal practitioner or law firm. The idea, behind the enforceability and validity of a drafted surrogate contract by a competent authority, is to set boundaries, prevent disputes and serve as a form of protection for parties involved.
I seek to be as simple and precise as possible as to the need for the government’s endorsement on the Bill for surrogacy in Nigeria. I strongly suggest that the Bill for surrogacy (The 2016 Assistive Reproductive Technology (Regulation) which has not been passed by the Legislatures, be implemented and passed into law; even though the law on surrogacy in Nigeria is pending, it still does not mean that surrogacy is prohibited nor legally acknowledged.

21/12/2022

The staff, attorneys and Managing partner at ASALAW LP would like to wish everyone a Merry Christmas filled with love, laughter, and happiness. The holiday season gets so hectic that we often forget to remember the blessings that come with being able to help others during a time of need.

We specially want to thank past, present, and new clients who have put their trust in our firm to assist them with all their legal needs. We are humbled and honored to be called your attorney and legal representative. We pride and strive ourselves to offer expert legal work in our sector strength.
While we will be closed on 22nd December,2022 and will reopen Monday 9th January,2023 at 9am, you can still contact us with emergency matters during the holidays ,by Email: [email protected] Tel : 09084820000,08140682082 we will happily take your calls on any legal matter, We want every client to be treated with utmost attention and respect, just like a family member. Merry Christmas and Happy New Year!

SPEAK TO A LAWYER

The staff, attorneys, and Managing Partner at ASALAW LP would like to wish everyone a Merry Christmas filled with love, laughter, and happiness. The holiday season gets so hectic that we often forget to remember the blessings that come with being able to help others during a time of need. We special...

14/09/2022

IMPORTANCE OF A WILL IN NIGERIA
INTRODUCTION
Making a Will and planning your estate effectively takes time and effort. The reason why many people avoid engaging in the practice of planning their estate is that they do not want to spend too much time thinking about the inevitability of death. The prospect of death is an uncomfortable topic, but planning your estate does not need to be. Planning your estate can be an uplifting activity because you can plan how your assets will benefit others in the future.
If you are considering whether you should take the time to make a plan or create an estate plan, you should first understand what will happen if you do not plan your estate. Dying without an estate plan is known as dying intestate, and it has several possible negative consequences. One of which is the assets belonging to the person will need to go through the probate process, and the process of administering an estate without a Will is a very lengthy one, another is having unintended heirs. All of these can be prevented if a Will is made or rather if time is taken to plan or create an estate plan.

Definition
A Will or Testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons called the executor, to manage the estate until its final distribution. Simply put, it is a legal document in which you, the testator, declare who will manage your estate after you die. It helps a person determine what happens to his properties/estate after his death; it also helps him to give any instructions he may wish to be carried out if he is no longer alive. Apart from deciding who gets your assets, a Will can also serve to declare whom you wish to become the guardian for any minor or dependents.
The Validity of a Will
In preparing a Will, a testator (person making his will) must have the capacity to do so, meaning he must be of legal age (from 18yrs and above) and have mental capacity (he must be of sound mind). Furthermore, for a will to be valid it must be;
1. It must be made voluntarily
2. It must be in writing (either typed or handwritten)
3. It must be signed by the testator
4. The signature of the testator must be acknowledged by at least 2 witnesses (it is advised that a beneficiary to a Will must not act as a witness to the Will).
5. The testator must be mentally Stable
6. It must name the beneficiary or beneficiaries
7. It must identify the properties.
In the probate courts today, there are many parties in legal battles contesting the provisions of a will and the court is likely to set aside a Will if there is conclusive proof that the testator did not have the mental capacity to understand what he was doing at the time the Will was made or if the testator was unduly influenced to dispose of his properties as he did in the Will.
A person who dies without making a will is described as a person who ‘died intestate’, and in such situations, certain members of the family shall apply to the probate registry of the High Court to be granted letters of administration of the deceased’s estate.
When Should a Will be made?
A Will can be made by a person who has acquired any assets that can outlive him or her. Also, when a person has dependents, then a Will should be made. The Wills Act stipulates that a valid Will can only be made by a person who is from 18 (Eighteen) years of age.
Therefore, an underage person cannot make a Will, except if he is a seaman, mariner, or part of a crew of a commercial airline. The hazardous nature of their jobs makes the law envisage that there is more likelihood for them to die in the course of their duty. Hence, the law allows them to make a valid Will even though they are less than the statutory age.
THE IMPORTANCE OF A WILL
1. To determine how assets will be shared (Making your wish known):
A Will is used to share a Testator's assets, both current and fixed assets to his...For more information visit www.asalawpractice.org

INTRODUCTION Making a Will and planning your estate effectively takes time and effort. The reason why many people avoid engaging in the practice of planning their estate is that they do not want to spend too much time thinking about the inevitability of death. The prospect of death is an uncomfortab...

31/08/2022

FINTECH’s REGULATORY FRAMEWORK: AN EXAMINATION OF PING EXPRESS US LLC INDICTMENT OF MONEY LAUNDERING
By Adam Abdulbari Esq
Introduction
The regulatory framework of fintech operating in the US is extremely complex, just like Nigeria. There is no fintech single regulatory framework or legislation guiding the financial technology business operations both in the US and Nigeria. Rather, fintech business activities falls within the purview of several regulatory bodies and will require the firms to register and strictly comply with the obligations set out by several regulatory bodies.
Complying with such regulatory bodies is a top-level priority for any fintech business looking to operate in both countries as failure to do so might result to serious penalty depending on the violation. There is a recent incidence of violation in the US by a Texas – based fintech firm, Ping Express US LLC, the founders of the firm in Person of Anslem Oshionebo and Opeyemi Odeyale were reported to have pleaded guilty for failing to combat a money laundering on their platform. Business Insider Africa reported that the businessmen failed to maintain anti-money laundering controls on their platform; a situation that allowed some of their customers to remit large sums of illegally-derived funds to Nigeria.
“The company outlined its anti-money laundering policy in a memo to state regulators, claiming it would cap first-time customer transactions at $499, cap daily transactions at $3,000, and cap monthly transactions at $4,500. However, in plea papers, the company admitted it allowed more than 1,500 customers to violate these rules. In one instance, Ping allowed a customer to remit more than $80,000 in a single month – more than 17 times the purported limit,”.
It was further disclosed that the company was guilty of conducting money transmission services in some US states where it was not licensed to operate.
It is clear from the above that Ping Express US LLC is in violation of anti-money laundering policy which is one of the top-level priority regulations pegged out for the compliance of fintech businesses, and such violation did not only land the founders in trouble rather the whole firm was placed on 5-year probation as well a penalty of $500,000 fine.
This article aims to discuss the existing regulations applicable to fintech in both US and Nigeria with emphasis on Anti-Money Laundering and the Nigerian Money Laundering Prohibition Act.

Common Fintech’s Applicable Regulations (NIGERIA, US)
There are various regulations guiding the activities of fintech companies and such activities determine the companies’ applicable regulations. However, there are some common regulations to be considered by every fintech operating in the aforementioned respective jurisdictions.
The US:
1. Gramm-Leach Bliley Act (GLBA)
Also known as the Financial Modernization Act, the Act requires all financial institutions to explain to their customers how their information is being shared, and to safeguard their data.
2. Fair Credit Reporting Act (FCRA)
The FCRA determines the ways in which financial institutions can collect consumer credit information, and extends consumer rights regarding access to the credit reports.
3. US Anti-Money Laundering regulations (AML)
There are two main AML Acts in force in the US: the Bank Secrecy Act, and the USA Patriot Act. Between them, these laws include obligations regarding anti-money laundering risk management programmes, customer due diligence, and various record-keeping tasks. The Patriot Act also includes specific requirements regarding cross-border transactions.
4. JOBS Act
Crowdfunding platforms and other funding portals are required by the JOBS Act to register with the Security and Exchange Commission (SEC) and Financial Regulation Agency (FINRA). The JOBS Act also introduces additional obligations and restrictions on these businesses, including maximum fundraising amounts and disclosure requirements.
5. Fund Transfer Act and Consumer Financial Protection Bureau (Regulation E)
The Fund Transfer Act and CFPB (Regulation E) are two of many laws governing payments-related activities. Specifically, they impose requirements on financial institutions to resolve errors in transfers.
6. Security and Exchange Commission Act
Initial Coin Offerings (ICOs) are popular amongst fintech startups. The treatment of these activities has been controversial in the US, but precedence has now been set with what is known as the Howey Test. This test determines the legal status of the ICO and, if it meets the threshold requirements, it will be subject to the Securities Act and Exchange Act...For more information visit www.asalawpractice.org

By: Abdulbari Adam, Esq Introduction The regulatory framework of fintech operating in the US is extremely complex, just like in Nigeria. There is no fintech single regulatory framework or legislation guiding the financial technology business operations both in the US and Nigeria. Rather, fintech bus...

10/08/2022

BREACH OF CONTRACT: KIZZ DANIEL WAS ARRESTED BY TANZANIAN AUTHORITIES FOR HIS FAILURE TO PERFORM AT A CONCERT DESPITE RECEIVING FULL PAYMENT IN ADVANCE
By: Abdulbari Adam, Esq

Kizz Daniel, a Nigerian singer is reported to have been arrested in the early hours of Monday by the authorities in Tanzania, he is said to have breached an agreement to perform at a show as the headliner artist titled Summer Amplified concert slated for Sunday, August 7, 2022. Fans, enraged by his absence vandalized the venue of the show as seen in a trended video.
The singer’s arrest was as well captured in a video trending on social media; the singer was spotted wearing a hooded jacket at the time of the arrest by the Tanzanian Police.

Big Step Consultancy, the promoters of the show in a letter dated Monday 8 August, 2022 released earlier apologized for the singer’s absence and further stated that the singer was fully paid in advance of the show.

The show organizer who identified himself as Steven Owa in an Instagram live convo with Daddy Freeze revealed the Summer Amplified concert as his first show in Tanzania (a new market). He added that he spent over $300,000 in preparations for the show and the least table for the show was slated for the sum of $5000 and $10,000 for a bigger table.

The singer was reported to have portrayed this same act of unprofessionalism in the United States, where he kept fans waiting for over 5 hours. The enraged fans when he eventually turned up screamed for a refund while booing the singer. He subsequently apologizes citing the delay in the release of his passport in Nigeria as the reason for his late appearance.

By: Abdulbari Adam, Esq Kizz Daniel, a Nigerian singer is reported to have been arrested in the early hours of Monday by the authorities in Tanzania, he is said to have breached an agreement to perform at a show as the headliner artist titled Summer Amplified concert slated for Sunday, August 7, 202...

26/07/2022

JOB VACANCY...

22/07/2022

HISTORIC $40 BILLION DEAL SIGNED BY IRAN AND RUSSIA FOR JOINT INVESTMENT IN ENERGY PROJECTS
By: Abdulbari Adam, Esq
Russia recently signed a historic $40 billion deal with Iran on energy projects. The deal was consummated during Russian President Vladimir Putin’s visit to Iran. The agreement will cover development projects at several Iranian oil and gas fields, including a $10 billion project in the Persian Gulf's Kish and North Pars gas fields, as well as a $15 billion project to boost pressure at South Pars, the world's largest gas field located on Iran's maritime border with Qatar. National Iranian Oil Company (NIOC) and Gazprom will also collaborate on the completion of Liquefied Natural Gas (LNG) projects, the construction of gas export pipelines, and swap deals between Iran and Russia involving natural gas and petroleum products, according to the statement by Shana.

In a bid to recover from the US 2018 reinstation of sanctions that chocked off Iran’s international interest, the country entered this agreement to attract foreign investment to its forlorn oil and gas sector. Russia on the other hand, faced with Western sanctions for invasion of Ukraine, also needs to disparate its energy resources markets off the West, this makes it a welcome agreement for both countries.
Russia also views Iran as an important part of the proposed North-South transport corridor a 7,200-kilometer network of ship, rail, and road routes that would allow freight to be moved from St. Petersburg to India...For more information visit www.asalawpractice.org

By: Abdulbari Adam, Esq Russia recently signed a historic $40 billion deal with Iran on energy projects. The deal was consummated during Russian President Vladimir Putin’s visit to Iran. The agreement will cover development projects at several Iranian oil and gas fields, including a $10 billion pr...

21/07/2022

CBN LAUNCHES EXPOSURE DRAFT ON DIGITAL FINANCIAL SERVICES, AWARENESS GUIDELINES
By Doyinsola .T. Omomowo Esq
The Central Bank of Nigeria (CBN) on July 5, 2022, launched a draft of Digital Financial Services Awareness Guidelines which seek amongst others to enhance transparency and proper disclosure of Digital Financial Services (DFS) among financial institutions and payment service providers, set Digital Financial Literacy (DFL) standards for Digital Financial Services Providers (DFSP), align product development, promotion, and consumer awareness to DFS amongst DFSP.
The apex bank in line with its statutory denoted duties, mandated deposit money banks (DMBs), merchant banks, Other Financial Institutions (OFIs), Payment Service Banks (PSB), and other payment service institutions to create and promote DFS awareness in local languages through more simplified channels such as audio and virtual communication, ease in accessibility, fraud prevention and risk management capabilities, redress and complaints handling while protecting data and privacy rights of consumers... For more information visit www.asalawpractice.org.

By Doyinsola .T. Omomowo Esq The Central Bank of Nigeria (CBN) on July 5, 2022, launched draft on Digital Financial Services Awareness Guidelines which seek amongst others to enhance transparency and proper disclosure of Digital Financial Services (DFS) among financial institutions and payment servi...

04/07/2022

NDLEA TOLL-FREE HELPLINE CENTRE: AN INTERVENTIONIST STRATEGY IN THE FIGHT AGAINST DRUG MISUSE.
By Blessing Abianga.
The Recent introduction of a toll-free helpline center by the National Drug Law Enforcement Agency (NDLEA) in the fight against illicit drugs has been commended by stakeholders.
Speaking in this regard, the Chairman/Chief Executive NDLEA, Brig. Gen. Mohamed Buba Marwa (Retd), stated that the Agency embarked on creating a toll-free helpline (0800 1020 3040) for drug users and addicts as an interventionist strategy. According to him, the Call Centre aims to provide telephone-based psychosocial support and addiction services in the War against Drug Abuse (WADA) and to provide NDLEA with information that will deepen its understanding of the country’s dynamics of drug use and potentially put it ahead of its game. He assured the public that the toll-free helpline will be open 24/7 and guaranteed anonymity, confidentiality, and safety.
The toll-free helpline is expected to be operated by a team of licensed and credible clinical psychologists, counselors, support workers, and mental health professionals. These professionals would provide the needed support in aiding recovery, managing social and emotional problems, improving quality of life, and enhancing the performance and productivity of the users of this service...For more information visit www.asalawpractice.org

By Blessing Abianga. The Recent introduction of a toll-free helpline center by the National Drug Law Enforcement Agency (NDLEA) in the fight against illicit drugs has been commended by stakeholders. Speaking in this regard, the Chairman/Chief Executive NDLEA, Brig. Gen. Mohamed Buba Marwa (Retd), st...

04/07/2022

SPDC HALTS DIVESTMENT PLAN OVER N800 BILLION JUDGMENT
By T.A.M Damiari Esq
The recent order of the Supreme Court of Nigeria made on June 16, 2022 for parties to maintain ‘status quo’ in a pending appeal over N800 billion judgment obtained by Isaac Torchi and 87 members of the Ejalawa community, Rivers state, against Shell Petroleum Development Company of Nigeria Ltd (SPDC), would further delay the divestment plan of the company’s onshore oil and gas assets.
In response to the order of the apex Court, Royal Dutch Shell Plc now Shell Plc stated that it would halt all plans towards the divestment of its interest in the venture until the outcome of the appeal, in deference to the apex Court’s ruling and the rule of law.
Shell was in the process of concluding plans for the divestment of its onshore assets in SPDC to two Nigerian companies, Heirs Oil and Gas Ltd. and ND Western Ltd., who were meant to send final offers to Shell, prior the Supreme Court order.
The order of the apex Court is coming at the heels of a recent ruling of the apex Court in the case of SC/731/2017 - SPDC & 2 Ors. v Chief Isaac Osaro Ogbara & Ors,... For more information visit www.asalawpractice.org

By T.A.M Damiari Esq The recent order of the Supreme Court of Nigeria made on June 16, 2022 for parties to maintain ‘status quo’ in a pending appeal over N800 billion judgment obtained by Isaac Torchi and 87 members of the Ejalawa community, Rivers state, against Shell Petroleum Development Comp...

14/04/2022

NEWS UPDATE: RIVERS STATE JUDICIARY ESTABLISHES ALTERNATIVE DISPUTE RESOLUTION UNIT.
By: Nneka Oduada Eze (Esq)

The Chief Judge of Rivers State Judiciary, Justice Simeon Amadi has approved the establishment of an Alternative Dispute Resolution Unit in the state judiciary. He disclosed this while meeting with a delegation from Babes Bolyai University, Romanian and the University of Port Harcourt on Friday, 8th April, 2022. Also, he announced the approval for the registration of Multi-Door Court House across the local government areas of the state.
According to him, the unit is to be domiciled within the premises of the customary court of appeal in the state. Justice Amadi further stated that the move is aimed at decongesting the regular court.

This indeed is a commendable approach taken by the Chief Judge of the state. It is not in doubt that judges are being over labored with cases, and the multi door court system will reduce the number of cases that comes to the court as a subject of litigation...For more information visit www.asalawpractice.org

By: Nneka Oduada Eze (Esq) The Chief Judge of Rivers State Judiciary, Justice Simeon Amadi has approved the establishment of an Alternative Dispute Resolution Unit in the state judiciary. He disclosed this while meeting with a delegation from Babes Bolyai University, Romanian and the University of P...

14/04/2022

NEWS UPDATE: LOAN SHARKS AGREE TO DESIST FROM THREATENING, DEFAMING DEFAULTERS- FEDERAL COMPETITION AND CONSUMER PROTECTION COMMISSION.
By: Nneka Oduada Eze (Esq)

The Federal Competition and Consumer Protection Commission (hereinafter referred to as “the FCCPC”) has disclosed that Digital Money Lenders who are willing to continue operations in Nigeria must agree to certain conditions as laid down by the FCCPC.
The Executive Vice Chairman and Chief Executive Officer of the FCCPC, Babatunde Irukera, disclosed that some of the money lenders under investigation, or whose bank accounts have been frozen amongst others have agreed to cease and desist from messaging people on contact lists or third parties borrowers/defaulters.

It was revealed that these companies have also agreed to discontinue further abusive, coercive and inappropriate language in communication with loan defaulters or borrowers. According to him, some of the money lenders have approached the FCCPC and expressed a desire to cooperate and assist in the investigation under FCCPC Investigative Cooperation/Assistance Rules and Procedure, 2021.

In an update of investigation into possible violation of privacy and other rights in the online money lending industry by the joint task force made up of FCCPC, NITDA and ICPC, Irukera stated that: “They seek benefit under Rule 4 in exchange for cooperation, assistance and compliance under Rule 3 as a condition to acceptance into the cooperation/leniency framework, some of the money lenders have been required to, have agreed and execute applicable declarations enforceable under Section 153 of Federal Competition and Consumer Protection Act to immediately and forthwith, cease and desist from contacting, including by text messages, people on contact list, third parties of borrowers or defaulters; discontinue further abuse, coercive and inappropriate language in communication with loan defaulters or borrowers, provide a mechanism for transparency regarding loan payment fees, default or late payment charges as well as interest calculation to the commission”.
The proposed mechanism includes an open, accessible and responsive feedback and dispute resolution framework that complies with fair lending and loan recovery... For more information visit www.asalawpractice.org

By: Nneka Oduada Eze (Esq) The Federal Competition and Consumer Protection Commission (hereinafter referred to as “the FCCPC”) has disclosed that Digital Money Lenders who are willing to continue operations in Nigeria must agree to certain conditions as laid down by the FCCPC. The Executive Vice...