THE ROLE OF LEGAL PRACTITIONERS IN PROMOTING STANDARDISATION IN NIGERIA - M.S MAIHAJA

THE FIRST PRIZE WON ESSAY IN THE MAIDEN LAW STUDENTS ASSOCIATION OF NIGERIA’S NATIONAL ESSAY COMPETITION
SETTLED BY
MAIHAJA MUHAMMAD SULAIMAN
FROM KOGI STATE OF NIGERIA
REPRESENTING
FACULTY OF LAW
BAYERO UNIVERSITY, KANO
ON THE TOPIC;
THE ROLE OF LEGAL PRACTITIONERS IN PROMOTING STANDARDISATION IN NIGERIA

INTRODUCTION
The concept of standardisation[1] is assuming unquantifiable importance in all facet of life, particularly, industrialization and increasing commercialization in Nigerian. This is as a result of new developments in the modern science and technology as well as challenges arising from the competitive nature of international trade.


Nations, world over, have indeed been compelled to pay greater attention to standerdisation by implementing and developing technical standards based on consensus of different parties; that includes firms, users, interest groups, standard organizations, and the government. In Nigeria, the Nigerian Custom Service, the Immigration, the Nigerian Police, Nigerian Copyrights Commission, National Agency for Food and Drug Administration and Control (NAFDAC), Standard Organisation of Nigeria and many intellectual professionals; particularly legal practitioners play vital and significant roles in so far as implementation and development of standards are concerned. As a matter of fact, legal practitioners can be charactarised as notably responsible for the realization of administration, protection and enforcement of optimum degree of standardization in Nigeria.
THE ROLE OF LEGAL PRACTITIONERS IN PROMOTING STANDARDIZATION IN NIGERIA
Legal practitioners[2] hold imperial influence in the quest to achieve optimum standardization. This appreciates from its reserved responsibilities in the formation, administration, protection and enforcement of regulations and specifications of products for common use.


The influence of legal practitioners can be identified from the exercise of legislative functions establishing the legal framework that ensure industrial/ economic development and promote global competitiveness among domestic manufacturers on the quality of made in Nigerian products. Legal experts are recorgnised to guide, assist and organise enlightenment programs for its committees, legislative bodies and/or parastatals in deliberations, drafting and enactment of legislation that pertain to commercial and business issues of the nation in general.[3] Thus, using these medium, legal practitioners has the authority to deliver qualitative Business Law Services and provide continuing legal education that would promote the concept of standardization in Nigeria. It is primarily to this effect, that, the Section on Business Law (SBL) of the Nigerian Bar Association (NBA) was established.[4]
Furthermore, the influence of a legal practitioner extends to the process of incorporating a company or business; rather put a condition precedent to legally functional company or business. Lawyers are statutorily recorgnised to be engaged in the formation of a company before it can be incorporated.[5] This is meant to ensure formidable reflection of standard and standardized article upon which the company or business is to base and consequently to guarantee the productive objective of the company. In this regard, legal practitioners are ethically bound to observe high standard of professional conduct, and not engage in any conduct which is unbecoming of a legal practitioner.[6] Thus; the lawyer is envisaged to address and resolve conflict of interest provisions; to determine the best interest of his clients, the public, relative authorities and himself before exercising his mandate in the formation of corporate entity.
These qualified personages also steer the ship of determinacy for the protection of rights in Nigeria. The various players in the field of production are endowed with rights which need to be protected exclusively for the interest of the holder of such right. These includes for instance, in the case of intellectual property right, copyright, inventions, know how, trademarks, passing off, business names to mention but a few. Any act which is inconsistent with the Intellectual Property Rights holder is considered an infringement. Thus counterfeiting and piracy are infringements. They kill incentives, discourage invention and development of new products and cause economic and other losses.
In protection of these rights in Nigeria, section 174 of the Constitution of the Federal Republic of Nigeria 1999 empower the Attorney General of the Federation who must be a legal practitioner[7] to institute and undertake criminal proceeding against any power before any court in Nigeria other than a court-marshal in respect of any offence created by or under any act of the National Assembly and to take over and continue any such criminal proceeding that may have been instituted by any other authority or person and to discontinue any such criminal proceeding. This endowment is envisaged to be exercised diligently and in the best interest of the nation.
Furthermore, lawyers play significant role when engaged to exercise their exclusive right of representation[8] either in favour of the rights holder or in the defense of the alleged infringer. Lawyers are therefore expected to diligently identify the specific
- See more at: http://www.themedia.com.ng/2017/02/the-role-of-legal-practitioners-in_23.html#more

Congratulations M.S Maihaja

comradeusmanhar:
THE ROLE OF LEGAL PRACTITIONERS IN PROMOTING STANDARDISATION IN NIGERIA - M.S MA

THE FIRST PRIZE WON ESSAY IN THE MAIDEN LAW STUDENTS ASSOCIATION OF NIGERIA’S NATIONAL ESSAY COMPETITION
SETTLED BY
MAIHAJA MUHAMMAD SULAIMAN
FROM KOGI STATE OF NIGERIA
REPRESENTING
FACULTY OF LAW
BAYERO UNIVERSITY, KANO
ON THE TOPIC;
THE ROLE OF LEGAL PRACTITIONERS IN PROMOTING STANDARDISATION IN NIGERIA

INTRODUCTION
The concept of standardisation[1] is assuming unquantifiable importance in all facet of life, particularly, industrialization and increasing commercialization in Nigerian. This is as a result of new developments in the modern science and technology as well as challenges arising from the competitive nature of international trade.


Nations, world over, have indeed been compelled to pay greater attention to standerdisation by implementing and developing technical standards based on consensus of different parties; that includes firms, users, interest groups, standard organizations, and the government. In Nigeria, the Nigerian Custom Service, the Immigration, the Nigerian Police, Nigerian Copyrights Commission, National Agency for Food and Drug Administration and Control (NAFDAC), Standard Organisation of Nigeria and many intellectual professionals; particularly legal practitioners play vital and significant roles in so far as implementation and development of standards are concerned. As a matter of fact, legal practitioners can be charactarised as notably responsible for the realization of administration, protection and enforcement of optimum degree of standardization in Nigeria.
THE ROLE OF LEGAL PRACTITIONERS IN PROMOTING STANDARDIZATION IN NIGERIA
Legal practitioners[2] hold imperial influence in the quest to achieve optimum standardization. This appreciates from its reserved responsibilities in the formation, administration, protection and enforcement of regulations and specifications of products for common use.


The influence of legal practitioners can be identified from the exercise of legislative functions establishing the legal framework that ensure industrial/ economic development and promote global competitiveness among domestic manufacturers on the quality of made in Nigerian products. Legal experts are recorgnised to guide, assist and organise enlightenment programs for its committees, legislative bodies and/or parastatals in deliberations, drafting and enactment of legislation that pertain to commercial and business issues of the nation in general.[3] Thus, using these medium, legal practitioners has the authority to deliver qualitative Business Law Services and provide continuing legal education that would promote the concept of standardization in Nigeria. It is primarily to this effect, that, the Section on Business Law (SBL) of the Nigerian Bar Association (NBA) was established.[4]
Furthermore, the influence of a legal practitioner extends to the process of incorporating a company or business; rather put a condition precedent to legally functional company or business. Lawyers are statutorily recorgnised to be engaged in the formation of a company before it can be incorporated.[5] This is meant to ensure formidable reflection of standard and standardized article upon which the company or business is to base and consequently to guarantee the productive objective of the company. In this regard, legal practitioners are ethically bound to observe high standard of professional conduct, and not engage in any conduct which is unbecoming of a legal practitioner.[6] Thus; the lawyer is envisaged to address and resolve conflict of interest provisions; to determine the best interest of his clients, the public, relative authorities and himself before exercising his mandate in the formation of corporate entity.
These qualified personages also steer the ship of determinacy for the protection of rights in Nigeria. The various players in the field of production are endowed with rights which need to be protected exclusively for the interest of the holder of such right. These includes for instance, in the case of intellectual property right, copyright, inventions, know how, trademarks, passing off, business names to mention but a few. Any act which is inconsistent with the Intellectual Property Rights holder is considered an infringement. Thus counterfeiting and piracy are infringements. They kill incentives, discourage invention and development of new products and cause economic and other losses.
In protection of these rights in Nigeria, section 174 of the Constitution of the Federal Republic of Nigeria 1999 empower the Attorney General of the Federation who must be a legal practitioner[7] to institute and undertake criminal proceeding against any power before any court in Nigeria other than a court-marshal in respect of any offence created by or under any act of the National Assembly and to take over and continue any such criminal proceeding that may have been instituted by any other authority or person and to discontinue any such criminal proceeding. This endowment is envisaged to be exercised diligently and in the best interest of the nation.
Furthermore, lawyers play significant role when engaged to exercise their exclusive right of representation[8] either in favour of the rights holder or in the defense of the alleged infringer. Lawyers are therefore expected to diligently identify the specific
- See more at: http://www.themedia.com.ng/2017/02/the-role-of-legal-practitioners-in_23.html#more