VANGUARD, THURSDAY, JULY 19, 2012—41
VANGUARD LAW IN PIX Original Certificate as Surety for Bond Is it legal to ask new employers being recruited as trainees to submit their original certificates as surety for a bond agreement? Anonymous An agreement is a contract between two or more parties and it is binding on the parties involved. Not all agreements or contracts are written in black and white. The law recognises oral contract and it is enforceable. In the case of a written agreement, it becomes binding when the parties involved attest their signatures to it. There are some factors that can however vitiate an agreement and make it unenforceable. For instance, where fraud is intended by one of the parties or where certain unanticipated circumstances occur. That is why it is presumed that parties involved understand the terms and conditions contained in the agreement clauses. Hence, a minor cannot enter into a contract and if he or she does, it has no force of law. Also, before an illiterate or a blind person enters into a contract, the content of the contractual documents must be read to such a person and it must be understood before he thumbprints. In the case of an educated individual with capacity to enter into a contract, the law presumes that the person knows the implications of such a contract and that they are satisfactory. If an employer requested for original certificate of trainee employee as surety for a bond. It is left for such an employee to accept or reject the offer. The question of legality or otherwise of such a request does not arise. Perhaps, one may interrogate the morality behind it. Sometimes what is legally right may not necessarily be morally correct. I am certain that some unpleasant past experiences might have informed the decision of the employer to ask for original certificates of trainee employees as surety for bond. There might have been instances in the past where the employer had trained some new employees to acquire skills that would enhance their performance on the job and such beneficiaries unceremoniously left the employment for better ones. So, by asking the trainees to submit their original Certificate as surety, the employer is only trying to secure its investment on the trainees. With your original Certificate in your employer’s possession, you are not likely to walk away after the investment on you.
NBA elects Wali, Obegolu, others The Nigerian Bar Association NBA, Tuesday, held its national biennial delegates Conference in Abuja and elected national officers to run the association for the next two years. Photos: Gbemiga Olamikan
From left: Outgoing NBA President, Mr Joseph Daudu, SAN, and Chief Mike Ahamba, SAN.
Chief Oluwarotimi Akeredolu SAN (right) and Mr Sikiru Oke
In-coming President of NBA, Chief Okey Wali, SAN (right) and Mr Nankham Dammo.
From right: Mr Layi Babatunde SAN, Mr Chuma Oguejiosor, Ofiah A. J, SAN and Chief Emeka Ngige, SAN.
Ministerial Appointment and Constitutional Provision What is your reaction to Mr. President ‘s refusal to appoint a minister from Urhobo Nation in Delta State with respect to Section 14 (3) of the Constitution? Stanley, Warri I think it is proper to answer this question by quoting Section 14 (3) of the 1999 Constitution as Amended which you referred to. According to the section “the composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few States or from a few ethnic or other sectional groups in that Government or in any of its agencies.” I think the provision of this section of the Constitution is very clear. In appointing ministers and heads of federal agencies, the Constitution enjoins the President to ensure that the appointments reflect federal character and that no particular ethnic group is in dominance. This, however, does not mean that the President must appoint ministers from every ethnic nationality that is in a particular state. It is his discretion to appoint a minister from any part of a state based on recommendation made to him. He is not constitutionally bound to appoint a minister from Urhobo nation. The minister representing Delta State in the federal cabinet can be from other ethnic nationality in the state. So, this is the letter and the spirit of provision of Section 14 (3) of the Constitution.
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Delegates line up to vote.
From right: Mr. Solomon Umoh; Mr. Dele Oye, SAN; Mr. Emmanuel Umoren and Mr. Abdul Ibrahim.
Delegates shopping as the election was going on. A delegate casting his vote.
Delegates marking their ballot papers at election
Delegates lined up to vote.