Language and Dispute Resolution Clause.

 Disputable Me series #2



As a passionate lawyer, I am always happy to give my retort to the statement that all lawyers are liars. In two sentences: 1) the tool of a lawyer is language with which he meanders its malleability to suit purpose; 2) truth is relative and accords itself validity with the factual realities we are exposed to per time. As smart or funny as those sentences may sound, if you take some time to read and understand them, you would conclude on the reason why your contracts must be read by a lawyer before you proceed with execution and performance.
In Nigeria, our laws are largely influenced by the English legal system; our lingua franca is the English language; most educated Nigerians have English as their first language; it would therefore be suicidal to draft and sign a contract without proper understanding of the English language. Amongst the plethora of cases that exist, Mohammed Ojengbede v M.O. Esan & Anor (2001) 18 NWLR (pt 746) 771 is very instructive on this position. The courts have expressed no doubt that the official language of superior courts of record in Nigeria is English and that if documents written in any language other than English are to be tendered and properly used in evidence, they must be duly translated into English either by competent witnesses called by the party to the proceedings who needs them to prove his case or by the official interpreter of the court.

You must therefore pay attention to the letters and wording of your contracts. They not only represent the clear intention of the parties, they also serve as proof of such intentions and would form the premise upon which enforcement of the contract can be made. It would be difficult to make amendments when a bad position has been provoked in the favor of one of the parties and usually disputes would arise from such occurrences.
Where disputes arise, a good dispute resolution clause would usually provide for the method of resolving the dispute. Litigation is the traditional way of settling dispute; it is the major hinge of the door of the judiciary. It simply entails strict application of legally established procedural methods in interpreting the law and legal principles in the resolution of disputes before a Court. While this system has its merits, the alternative dispute resolution mechanisms have become very popular as a result of the privacy, control and predictability that they permit. Even wider acceptance has been accorded to them because of the possibility of the enforcement of awards or judgments derived from the process. A great clause would list the process, usually ensuring that the parties explore, engage and extinguish all internal processes before engaging third party appointees to mediate, negotiate, conciliate or arbitrate.

The clause, would go further to set this method of resolution within a time frame. Another major distaste for litigation is the uncertainty of time involved and the long process it might take from conflict to filing and then determination by the courts and then extra time to appeal. This time factor in the clause however, represents conflict to commencement of the process of dispute resolution. The wordings would provide for how long parties should have exhausted all other options towards settling the dispute before embarking on the route of ADR.


The seat, the language and judges to sit on the panel should also form part of the draft of the ideal dispute resolution clause. It is important for you to know the place of dispute settlement; an understanding of the laws of this place and a knowledge of expertise in the particular area of trade is important during the negotiation of this clause. Interestingly, the law of contracts allows parties the right of the choice of governing law and choice of seat of settlement. This luxury does not exist in litigation, as courts’ jurisdiction vests by subject matter and or geography (i.e. the place of business of the parties or residence of the parties or where the dispute occurred). This place of settlement of disputes is what is referred to as the “seat”. Linked to this, is the language of the proceedings for settlement. Interestingly, you can by agreement decide to settle a conflicggt in Hong Kong using Spanish and applying the rules of the International Chamber of Commerce to your proceedings. The choice of procedural language informs the nature of judges that would seat on the panel.
Early communications can also be facilitated in this language towards speed and quality of dispute settlement. Where the parties speak different languages and have to resolve disputes without having agreed on a particular language, then proceedings may have to be done with an interpreter which may affect cost and duration of the proceedings.
Where in doubt of anything in your dispute settlement clause, please ask a lawyer.

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RADIO: MAN'S DAILY COMPANION

RADIO: EVERY MAN’S EVERY DAY COMPANION
Often times we fail to recognise the importance of the little pleasures we enjoy every single day until a date on the calendar is set aside for the recognition of one of such things. Even then, the pressures and pleasures of life hardly afford us a chance to truly appreciate these gifts. This is the case of the radio.

The radio has a rich history and is the result of a combination of scientific breakthroughs. It might interest you to know that it took the cumulative efforts of Heinrich Hertz, Alexander Popov, Guglielmo Marconi, Reginald Fessenden, and Edwin Armstrong to figure out how electromagnetic waves could transmit sound signals over distances. We have them to thank for their independent discoveries over decades that finally resulted in the invention of what we now call the radio. Anyway, I have no intention of boring you so I won’t go into the individual contributions of these geniuses.

As a medium of mass communication, the radio has been with us for about a century. Over the years, those boxes have provided company for many, with programming that appeals to both music and sports lovers alike, not forgetting those who just must have a daily dose of current affairs discussions.
In the case of Nigeria, the radio has been with us for decades since the advent of the colonialists. It all started with big boxes that seemed to speak without allowing for feedback. As a result, they earned the name Asoromagbesi from Yoruba speaking Nigerians in the western region. It can be literally translated in English as “He who speaks but does not expect a reply”; a fitting name for those contraptions that brought them information about colonial activities but never allowed for feedback.

The radio has since evolved and now provides an extensive assortment of programmes. In previous years, it was only used to broadcast news; public service announcements; educational, sports, and current affairs programmes; as well as the occasional announcement of important national events, a perfect example is the attempted coup of 1976 where the daily broadcast was interrupted by the following announcement:

“Good morning, fellow Nigerians. This is Lt. Col B. Dimka of the Nigerian Army calling… Murtala Mohammed’s deficiency has been detected. His government is now overthrown by the young revolutionaries… Curfew is imposed from 6am to 6pm. Thank you.”
Now, Nigerians are treated to talk shows, music countdowns, dramas, discussions, and lots more. Broadcast belts are made more engaging with early morning, midday, and drive time shows. The radio basically accompanies listeners throughout the day and serves them some sort of entertainment with from dusk till dawn. Perhaps it is as a result of its versatility and relevance that the radio has withstood the passage of time, with a digital version now made available to listeners.

One of the intrinsic qualities of radio broadcasting that makes it so special is its accessibility. Listeners can access information and entertainment wherever and whenever just by tuning in; be they in the farthest of villages or late into the night and even in times of emergency as expounded by the United Nations while commemorating the World Radio Day in 2017. The radio also allows for passive and active listening and that is why it has become a favorite companion as anyone can listen while carrying out other tasks; be they in the office, in their cars driving home, at home doing chores, and so on.

Personally, the radio wields the power to draw me out of the dreariest of moods as it has done several times in the past. For me, the magic was once delivered through the waves by the duo of Freeze and N6. Others such as Jones Usen, Dan Foster, Olisa, Femi Obong Daniels, IK, Toolz, Emmanuel Etim, Toke Makinwa, Mazino, Yaw, Shola Thompson, Folu Storms, and many others have become household names by delivering awesome radio experiences to numerous Nigerian listeners over the years.




It is as a result of these qualities and abilities that I can say without mincing words that the radio is a powerful tool for communication. It has provided and continues to provide education, information, entertainment, and company for all – young or old, rich or poor, educated or not. The radio is one of the greatest inventions of all time and we must be grateful for its birth.

The importance of the radio cannot be over emphasized in the face of globalization and its attendant effects. There is an indispensable need to have information on global issues at all times and at all places as global awareness is impossible where information is unavailable or access to it is impeded, it is the starting point for taking guided steps towards a sustainable global future.

If you are reading this and are in any doubt, a simple scan through the frequencies on our band will
provide you an interesting array of channels that satisfy whatever listening desire you have. And if you are already an ardent listener, isn’t it time for your daily dose of radio? On a day such as this, when we recognise the numerous contributions of radio to our civilization, why don’t you take a break, sit back, and have yourself a listening treat. Allow me to welcome you to the remarkable experience that is Radio. You’ll thank me later. ;)

This post was written in commemoration of the World Radio Day 2018.


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Renewable Energy; Access and Sustainability (A call to action by Busayo Ogunbiyi.

FACTS: Did you know that Currently 1.3 billion people – one in ve globally – lack any access to electricity. Twice that number – nearly 40 per cent of the world’s population – relies on wood, coal, charcoal, or animal waste to cook their food (IEA 2010a) (UN Environment Green Economy)


Over the decades, we were happy and excited with the minerals we found to give us electrical energy. As time went on, there was an incessant need for renewable energy as minerals across the world are depleted or maybe it was due to the pollution in the air across nations and/or climate change. However, presently, in this time and day, as at 9:17pm 02/18, there is a need for not only renewable energy but also sustainable and accessible energy.

Science Daily defines Renewable Energy as an energy resource that is replaced rapidly by a natural process such as power generated from the sun or from the wind.

According to UN Environment, The Rio+20 Outcome Document, “The Future We Want” (UN 2012a, paragraphs 125-129), highlights the importance of transition to renewable and accessible energy and emphasises
“the need to address the challenge of access to sustainable modern energy services for all... [including through] increased use of renewable energy sources and other low emission technologies” This they believe will solve some of the world's pressing issues.

As much as I would love to quote some accomplished people/companies, there is no need as the situation is what we can see for ourselves on a daily basis.


I loved this area of discussion so much because when I heard about it first in 2009 under the topic 'URBAN REGENERATION' in Leslie's class (as there are no aunties or uncles or Mr's or Mrs in the UK), it appealed to my creative mind: come up with an energy source that is renewable, not harmful to environment or man and sustainable. In the class as a 16 year old, we were taught wind water sun as energy sources and also how carbon dioxide (Co2, the air we breathe out) can be used in creating clean energy.
2009 is a long time from now but we can see companies striving to be more eco friendly either by reducing their carbon print, recycling or making use of cleaner energy sources. So what is the issue?

The problem is that countries such as the one I live in are not even crying out enough for renewable energy but rather accessible energy. We pay the government NEPA (PHCN/IE) bills and get electricity that destroys out electrical appliances as light is provided for 5 minutes and taken the next 3 and given the next 2 minutes and taken in 1 minute and given the next 4 minutes and then taken for the next 5 days. The major issue here is accessibility to energy, affordable and sustainable energy.


Wind, Sun, Water and Carbon dioxide conversion are super cool ways to living a pollution free life however they are expensive energy, I would rather bear the smell and sound of a generator than pay for these energy sources with blood because that is what it would entail.


An answer I see to these questions quick efforts by the government of our nation's to provide renewable energy sources for their citizens at not only a subsidized rate but a functioning distribution grid. Another solution I see is where we all come together and stop playing eye service games and strive to help each other as neighbours or fellow country men. I may be wrong but then it is only my opinion and suggestion.

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