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THE IMPORTANCE OF DATA PROTECTION COMPLIANCE

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By RONALDSON DIETE-SPIFF, ESQ

INTRODUCTION

The widely recognized technique of making sure that sensitive information collected by companies and organizations is stored and handled in a way that complies with legal and constitutional requirements as well as corporate business norms is known as data protection compliance. Establishing rules that specify how data protection is accomplished in your company in accordance with current laws and regulations constitutes data protection compliance. Data protection compliance is the process of making sure that personal information about individuals collected by companies and organizations is protected and handled so that companies may comply with legal and constitutional requirements. These businesses frequently create internal guidelines outlining the steps necessary to comply with data protection laws.

To comply, an entity handling the personal information of data subjects must use the greatest care when collecting, storing, and managing the subjects’ sensitive or personal data. In this context, “the personal data” refers to any information belonging to a recognized or identifiable natural person. This kind of person is one who can be identified, directly or indirectly, by means of a name, identification number, location data, online identifier, or by means of distinctive physical, physiological, genetic, mental, economic, cultural, or social characteristics of that natural person.

Businesses and their customers have greater trust when data privacy regulations are followed. Additionally, it keeps the business from having to pay high fees for penalties, legal fees, reputational damage, and public humiliation. In order to comply with data protection laws, an organization must comprehend not only its contracts, policies, and legal agreements, but also its information technology, security, audit, and operational systems.

LEGAL FRAMEWORK

The Nigeria Data Protection Act 2023 (“NDPA”), which President Bola Ahmed Tinubu signed into law on June 14, 2023, is the main piece of data protection legislation in Nigeria. Other general legislation that impacts data protection are: The Constitution of the Federal Republic of Nigeria 1999 (as amended), The Nigeria Data Protection Regulation 2019 (“NDPR”), The NDPR Implementation Framework 2020, issued by the National Information Technology Development Agency (“NDPR Implementation Framework”), The Child Rights Act 2003, The Cybercrimes (Prohibition, Prevention, etc.) Act, 2015, The Freedom of Information Act, 2011, The National Health Act, 2014 and The HIV and AIDS (Anti-Discrimination) Act, 2014.

On the other hand, there are sector-specific legislation that impacts data protection and they are: The Consumer Code of Practice Regulations 2007 (“NCC Regulations, 2007”) published by the Nigerian Communications Commission (“NCC”), The Registration of Telephone Subscribers Regulations 2011, published by the NCC, The Consumer Protection Regulations 2020, issued by the Central Bank of Nigeria (“CBN”), Nigeria’s apex bank, The Lawful Interception of Communications Regulations, 2019 which was issued by the NCC, The Guidelines for the Management of Personal Data by Public Institutions in Nigeria 2020, issued by the NITDA, The Official Secrets Act 1962, The CBN Guidelines on Point of Sale Card Acceptance Services 2011, The CBN Regulatory Framework for Bank Verification Number Operations and Watch-List for The Nigerian Banking Industry 2017, The NITDA Guidelines for Nigerian Content Development in Information and Communication Technology 2019 (as amended), The Credit Reporting Act 2017.

BACKGROUND

The Federal Republic of Nigeria’s 1999 Constitution, Section 37, guarantees and protects the right to privacy in the country by stating that “[t]he privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications is hereby guaranteed and protected.” A plethora of other general and industry-specific laws protect (informational) privacy. Many of these laws, most notably the 2019 Nigeria Data Protection Regulation (NDPR), which is currently the most extensive informational privacy/data protection law in existence, are created and implemented by the National Information Technology Development Agency (NITDA), the nation’s preeminent information technology organization.

It is standard procedure for the majority of websites that provide online services to request personal information in order to create online accounts that allow users to make concurrent purchases and other online activities. The typical person has access to a wide range of online services that demand personal information, including email accounts, banking or finance apps, social media accounts (like Instagram and Facebook), online marketplaces like Amazon and Jumia, and betting companies like Betway and Naira Bet.

HOW ARE DATA PROTECTION LAWS ENFORCED IN NIGERIA

According to the Nigerian Constitution, a data subject may exercise his or her right of redress and fundamental rights to privacy. A data subject who feels wronged by the actions of a data controller or processor may file a complaint with the Commission, according to Section 46 of the NDPA. Nigeria clearly needs a robust enforcement ecosystem that supports administrative fines and victim compensation in addition to a robust data protection statute, as evidenced by the evaluation of the country’s institutional framework for data protection.

In Nigerian courts, data protection is subject to justiciability regardless of the legal classification (basic right or tort) assigned to it. The Federal High Court of Nigeria ruled in Incorporated Trustees of Laws and Rights Awareness Initiative v. National Identity Management Commission (NIMC) that a data subject can lawfully sue for breach of his data under the NDPR. Under the NDPR, victims of privacy rights violations can seek redress in court without prejudice to the proceedings of the ARP.

The Federal High Court of Nigeria and the High Court of a State both have concurrent jurisdiction over data protection issues, even though the NDPR does not expressly name a single court with this authority. There is, however, no Court of Appeal ruling regarding the status of the NDPR and the court with necessary jurisdiction to enforce data protection rights, particularly in the absence of primary legislation on the subject. The Ogun State High Court incorrectly declined jurisdiction over the NDPR in favor of the Federal High Court in two separate decisions rendered in 2020. Nigeria’s data protection case law is still in its infancy, and the appeal courts have not yet adopted a clear stance about the types of data protection rights that are granted.

CONCLUSION

Since it safeguards people’s right to privacy and averts data breaches, compliance with data rules and regulations is essential. Serious consequences, including fines and damage to one’s reputation, may arise from noncompliance.

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AGBAKOR ISAAC TERKUVE V WAEC: To what extent can WAEC CANCEL A SUBJECT/RESULT OF A CANDIDATE BY WAEC ON THE GROUND OF EXAMINATION?

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By SANDRA IMADE

Students writing Examination

INTRODUCTION

This legal opinion addresses questions pertaining to the legality of the powers of the West African Examination Council to cancel any scores or subject of a candidate on the ground of examination malpractice and examines the recent case of Agbakor Isaac Terkuve v West African Examinations Council SUIT NO. MHC/37/2023 (unreported) Delivered on 7th March 2024 by Justice Kume in line with the provisions of the Constitution of the Federal  Republic of Nigeria, 1999 (as amended), The Examination Malpractices Act, Laws of the Federation of  Nigeria, 2004 and the West African Examinations  Council Act relaying to the administrative powers of West African Examination Council.

SUMMARY OF THE CASE

  1. The West African Examinations Council (WAEC) is an examination board established by law to determine the examinations required in the public interest in the English-speaking West African countries, to conduct the examinations, and to award certificates comparable to those of equivalent examining authorities internationally.
  2. Mr. Agbakor Isaac Terkuve (Plaintiff), sat and wrote the secondary school leaving certificate examination organized by WAEC (Defendant) for the year 2023 in Benue state, Nigeria. The Plaintiff wrote 9 subjects including the Use of English and Mathematics which are compulsory.
  3. Upon the release of the 2023 examination results by WAEC, the Plaintiff was taken aback as his scores for the use of English and Mathematics were withheld on the grounds of examination Malpractice.
  4. The Plaintiff instituted an action against the Defendant in the Benue State High Court challenging the legality of the cancellation of his result in the subject of Mathematics and Use of English by WAEC.
  5. The court per Justice Kume declared that the unilateral cancellation of the scores/results in the said subjects by the Defendant without affording the Plaintiff the opportunity to defend of any allegation is an infringement of the Plaintiff’s fundamental right to fair hearing. Consequently, the court granted an order directing the Defendant to restore and release the Plaintiff’s scores in the said subjects.

CONSIDERATIONS FROM THE JUDGMENT

  1. Whether or not WAEC is a competent body to try the offence of examination malpractice in Nigeria.
  2. Whether or not the Plaintiff’s right to fair hearing was infringed by WAEC by the cancellation of his scores for examination malpractice without the giving the Plaintiff the opportunity to defend himself.

On Issue One

The offence of examination malpractice is governed by the Examination Malpractice Act, Laws of the Federation of Nigeria, 2004, (The EMA). This Act prescribes various actions which constitutes examination malpractice and the punishment for them. For example, section 2 of the Examination Malpractices Act, defines what constitutes stealing question papers at an examination and the punishment thereof as;

A candidate who, at any examination, by any fraudulent trick or device or with intent to cheat or secure an unfair advantage for himself or any other person, steals or otherwise appropriates or takes a question paper, an answer sheet or a script of any other candidate commits, an offence and is liable on conviction to a fine of N100,000 or imprisonment for a term not exceeding three years or to both such fine and imprisonment.

Accordingly, section 14 of the Examination Malpractices Act, provides that the Federal High Court of Nigeria is the court of competent jurisdiction to try the offence of examination malpractice. Section 14(b) went further to provide that notwithstanding anything contrary to any other enactment, to impose the penalties provided for in this Act, only the Federal High Court has Jurisdiction to try and impose the punishment prescribed by the EMA. Thus, all other laws which are inconsistent with the EMA, are void to the extent of its inconsistency. See section 1(3) and 4(5) the CFRN, 1999 (as amended).

Consequently, the issue of examination malpractice is clearly, a crime in Nigeria, and no person shall be tried for any criminal offence except by a competent court of law established by the CFRN, 1999 (as amended). WAEC is not a court in Nigeria, neither does it have the right to try the offence of examination malpractice.

However, section 16 of the EMA provides that notwithstanding the provisions of the Act, an examination body shall have the power to-

  1. withhold, suspend or cancel the results of a candidate or ban or blacklist a   candidate from  taking its examinations if it is satisfied that the candidate has engaged  in any  form of   examination malpractice;
  2. withdraw recognition, suspend, ban or blacklist or place on probation a school or an  examination centre if it is satisfied that the school or examination centre is involved in any form  of examination malpractice;
  3. remove the name of, or withhold payment to a supervisor or an invigilator or any other official  employed in the conduct of an examination if it is satisfied that the supervisor or invigilator or official has contributed to an examination malpractice.

Furthermore, section 19 of the EMA, which is the interpretation section defines ‘examinationbody’to include the West African Examinations Council and any other body established by the Government to conduct an examination.

It is safe to say that although WAEC is not competent to try the offence of examination malpractice in Nigeria, it can sit as an administrative body to determine if a candidate has engaged in any form of examination malpractice and withhold, suspend, or cancel the results of such candidate. See section 16 of the EMA and Sections 19 – 21 of the WAEC Act.

On Issue Two

The principle of natural justice, also known as procedural fairness, is a fundamental legal concept that ensures fairness and justice in administrative, judicial, and quasi-judicial proceedings. It encompasses two core elements;

  1. Right to a fair hearing: this rule is also known as the ‘”audi alteram partem” rule in Latin that means “hear the other side. This entails the right of all parties involved to have their case heard before an impartial and unbiased decision-maker. This includes the right to present evidence, call witnesses, and make submissions, parties should have the opportunity to know the case against them and to respond to it. They should also be given reasonable notice of hearings and any relevant information or evidence.
  2. Rule against bias– this rule is also known as “Nemo judex in causa sua” rule in Latin that translates to “no one should be a judge in their own cause. Decision-makers must be impartial and free from any actual or perceived bias. This means they should have no personal interest in the outcome of the case and should not have prejudged the issues. Decisions should be based solely on the evidence presented during the proceedings and relevant to the issues in dispute.

These principles are essential to ensure that individuals are treated fairly and justly in legal and administrative proceedings, and they form the cornerstone of the rule of law. This right is guaranteed in the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Chapter 4, Section 36(1), (4), (5) of the CFRN, 1999 (as amended). This constitutional provision has been upheld in a plethora of cases by the courts in Nigeria.

In FutMina v. Olutayo (2018) All FWLR (pt. 935) 125,  it was held that the principles of natural justice demand that a student accused of examination misconduct and expelled for that misconduct must be afforded an opportunity by the body statutorily empowered to take such decision, either judicially or quasi-judicially to know the allegation against him, be present when the case against him is heard and, not only to state his side of the allegation, but also to contradict the case against him by the cross-examination of the witnesses called by his accusers.

In Garba & Ors  v University of Maiduguri (1986) All N.L.R. 149, The appellants were studentsat the University of Maiduguri, they were expelled from the institution sequel to the riotous behaviour of about 500 students which amounted to willful destruction, arson, looting and assaults. Their expulsion was not till an investigation panel was appointed by the Vice-Chancellor with the approval of the senate to investigate the student rampage. Each of the appellants deposed to an affidavit denying any participation in the rampage. They also contended that they were not given a fair hearing before the respondent expelled them from the University of Maiduguri. The Supreme Court of Nigeria upheld their appeal as the appellants were not given the opportunity to defend themselves.

In WAEC v Akinkunmi [2008] 9 NWLR (Pt 1091) the respondent wrote and passed WAEC in 1992, subsequently, he was admitted into the University of Ilorin. He obtained a Statement of Result from his school which he used to process his admission at the university. When he was in his final level, the university requested the original of his WAEC certificate for proper documentation. Akin returned to his secondary school only to be told by his principal that WAEC subsequently canceled the result on ground of malpractice. Aggrieved, the respondent went to court. WAEC argued that by the Rules and Regulations made pursuant to the WAEC Act regulating the conduct of WAEC examinations, the body is entitled to cancel results of a candidate or the entire centre where there is a report of malpractice. All that is required of WEAC is to set up panel or for the National Examination Committee (NEC) to invite a representative of the affected school to answer to the allegations. Once the representative of the school fails to give satisfactory explanations, WAEC will be entitled to report malpractice and to dish out the appropriate punishment, including the cancellation of result. The respondent argued that examination malpractice is a crime in Nigeria, It must be proved beyond reasonable doubt against every candidate, and every candidate must be given the opportunity to defend himself/herself in person as the practice of having a principal or representative of the school answer for all the candidates violates the principle of fair hearing. The respondent got judgment at the Court of Appeal but the WAEC won on technical grounds at the Supreme Court.

CONCLUSION

By the combined provisions of the CFRN, 1999 (as amended), the Examination Malpractices Act, and the West African Examinations Council Act, it is established that examination malpractice is a criminal offence in Nigeria, and only a court of competent jurisdiction (the Federal High Court) can try the offence. Be that as it may, WAEC can sit as an administrative body to determine if the offence of examination malpractice has been committed by a candidate and can either withhold, suspend or cancel the result of such candidate.  In exercising this powers granted to it, it must ensure procedural fairness by giving the candidate the opportunity to defend himself. See WAEC & Ors v Mbamalu (1992) 3 NWLR (pt 230). In applying the provisions of the law to the case under examination, the Trial Court, per Justice Kume, was right to in his judgment to the extent of holding that the unilateral cancellation of the Plaintiff’s result by WAEC without affording the plaintiff the opportunity to defend himself of any allegations is an infringement of the plaintiff’s right to fair hearing.

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ABANDOMENT WOMEN AND CHILDREN, A CRIME IN NIGERIA?

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Abandonment is deliberately leaving wife, husband or children that are under the care of a person, by the person that has such care, without any means of sustenance. Hence, is abandoning a woman or child/children a crime?

Spousal and Child abandonment in Nigeria is a growing problem that has been reported extensively in both traditional and social media. This usually occurs when parents or guardians abandon their children, leaving them without proper care or means of sustenance. It is becoming common for individuals, particularly men, to leave their immediate family and move on to new relationships or unknown locations to avoid responsibilities and for other reasons personal to them  which are not limited to the following reasons;.

  • Witchcraft Stigma: Some children are branded as witches by their parents and then abandoned to die. These children may even be subjected to physical harm under the guise of exorcism before being abandoned.
  • Newborn Babies: There are cases of babies being abandoned shortly after birth. Some are left in hospitals, while others are dropped off at unconventional places like public toilets, dump sites, bushes, and drainage systems. Occasionally, these babies are rescued by compassionate individuals, but sadly, some perish before help arrives.
  • New found love: some spouses abandon their homes and cling to their supposedly new found love while abandoning their spouses with the kids.

Despite the prevalence of abandonment witnessed amongst spouses in Nigeria It is a criminal offence for any person to abandon Wife or Husband, Children or Dependents without any means of sustenance or living.

According to Section 16 of the Violence Against Persons (Prohibition) Act 2015, (VAPP ACT) abandoning children/spouse or leaving them without a means of sustenance is a criminal act. Section 16 of the VAPP Act outlines penalties for abandoning children, spouses, and other dependents without means of sustenance.

Accomplices, usually friends and colleagues who encourage a party to abandon his family are not spared by the law. By the provisions of the law such persons are liable on conviction.

Furthermore, anyone who knowing that a party had committed any of the crimes as stipulated above lends any form of help in that regard is also liable on conviction.

Worthy of note is the fact that it is not enough that a party who intended to commit the crime of abandoning the spouse and children did not succeed in doing same. The fact that there was an attempt to abandon the spouse and/or the children (child) is enough to secure a conviction in court.

Section 16 of the VAAP Act is reproduced hereunder;

(1) A person who abandons a wife or husband, children or other dependent without any means of sustenance commits an offence and is liable on conviction to a term of imprisonment not exceeding 3 years or to a fine not exceeding #500,000.00 or both

(2) A person who attempts to commit the act of violence provided for in subsection(1) of this section commits an offence and is liable on conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding #200,000.00 or both

(3) A person who incites, aids, abets, or counsels another person to commit the act of violence as provided for in subsection (1) of this section commits an offence and is liable on conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding #200,000.00 or both

(4) A person who receives or assists another who, to his or her knowledge, committed the offence provided for in subsection (1) of this section is an accessory after the fact and is liable on conviction to a term of imprisonment not exceeding 1 year or to a fine not exceeding #100,000.00 or both.

In addition to the above, Section 276 of the Lagos State Criminal Law 2011 provides thus;

Any person who being the parent, guardian or other person having the lawful care or charge of a child under the age of twelve years and being able to maintain such child, willfully and without lawful or reasonable cause deserts the child and leaves it without means of support, is guilty of a misdemenour, and is liable to a fine One Hundred Thousand Naira without prejudice to the recovery of any cost any other person may have reasonably incurred with respect to the upkeep of the Child.

It is disheartening that child abandonment persists in the 21st-century Nigeria, but efforts are being made through legal frameworks and awareness campaigns to address this issue and protect vulnerable children.

It is also important to also state that abandonment does not only happen when both parties are married, in the case of spousal abandonment or a father abandoning his biological children. Abandonment also occurs when a man abandons his pregnant wife or partner/friend. Abandonment here covers failure to pay maternity pills. It is important to add that marriage is immaterial to this discussion, whether the pregnant person is married or not, does not matter. There is a law in Lagos State that makes the abandonment of a pregnant woman a crime.

In Lagos State, it is an offence for any person that impregnated a woman or girl to fail, refuse or neglect to amongst others contribute to maternity related costs from ante-natal to post-natal stages. Abandonment of a pregnant woman or girl includes physical and financial neglect during and after pregnancy, including refusal to provide necessary maternity care and finance.

Maternity-related costs include medical, food, and shelter expenses, determined by the woman’s means and resources, aiming to strike a balance and prevent financial seeking beyond the mother’s means. A person who fails to contribute to maternity costs, including ante-natal and post-natal stages, is punished with a fine of N45, 000.00, and the family and well-wishers can recover any fees or resources spent on the pregnant person.

We wish at this point to state that the VAAP ACT is now operational in Abuja, Anambra, Ebonyi and Oyo state.

References:

  1. Section 1, 2, 3, 279 and 420 Criminal law of Lagos State, 2011.
  2. https://sabilaw.org/abandonment-of-wife-husband-children-or-dependants-is-a-crime-daily-law-tips-tip-470-by-onyekachi-umah-esq-llm-aciarb-uk/
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SOCIAL MEDIA: EMOJIS AND LEGAL IMPLICATIONS OF THE USE OF SAME

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The writing system employed by the ancient Egyptians for inscriptions on statues, coffins, sarcophagi, and walls of temples and tombs was called hieroglyphics. Either for the gods or the afterlife, these were made for all eternity. Some are expertly carved, resembling artwork rather than text. Approximately 500 frequent signs are known as hieroglyphics. These were the formal writing system used in ancient Egypt for writing the Egyptian language.

With the advancement in science and technology, particularly the advent of social networking, wordless communication has blossomed with the use of:

Emoticons (keyboard-generated), Emojis (software-generated), GIFs, stickers, memes and pictures.

The use of computerized social networking in court is becoming more and more common, and the variety of case law that is emerging globally suggests that there are countless legal ramifications that could arise from its application.

These have so much similarities with hieroglyphics. It will be safe to say that Emoticons, Emojis and GIFs are modern applications of hieroglyphics.

PROBLEMS SURROUNDING THE INTERPRETATION OF EMOJIS

Effective communication relies on the sender expressing an exact idea to the receiver, which can be problematic when the receiver cannot interpret the message. Emojis, as wordless communication, can have vague or non-existent meanings, depending on the circumstances.

Emoji interpretation is hindered by their lack of universal meaning due to cultural and geographical differences. For example, the hands-up emoji in China means ‘praise’, while the smiley face emoji in China means ‘stay away’.

Emoji interpretation is complicated by cross-platform/OS discrepancies. For instance, the astonished face emoji, which appears in 2016 variations, may not be interpreted as “astonished” by Google, Facebook Messenger, or Samsung. Despite efforts to unify emoji implementations, there are still differences that need to be considered. The best example of this specific issue is the hypothetical emoji representation of the perplexity in the famous PEERLESS CASE. [RAFFLES VS. WICHELHAUS (1864) 2 Hurl. & C. 906].

During contract negotiations, the sender replies to a contract offer using language that could be taken as an acceptance, but he or she also includes an emoji that is meant to convey a sarcastic but contradictory message. But the recipient sees an emoji that doesn’t convey sarcasm in the same way because of how the recipient platform interprets the emoji.

The recipient understandably misinterprets the sender’s intended sarcasm due to the cross-platform disparity, assumes the sender accepted the offer, and negatively adjusts her stance as a result. Is the contract still in effect? Is a “meeting of the minds” possible?

LEGAL IMPLICATIONS OF THE USE OF EMOJI

Emojis have come to stay in the use of our daily communications. They are becoming more and more acknowledged as valid forms of communication, not just as embellishments or supplements to speech.

Emojis are graphic representations of feelings, thoughts, and expressions that people can use to give their messages more depth and significance. They can aid in setting the mood, introducing humor, young energy, or feelings that can be challenging to communicate through words alone.

Recent emoji misinterpretations have resulted in a number of unforeseen consequences, particularly in encounters at work, and some of these problems have begun to make their way into court to be resolved. Emojis are frequently used in both formal and informal conversations, often without the recipient’s context or interpretation in mind. Is it a threat to terrorism, for instance, to use an emoji representing a gun, bomb, or knife? Is sending a coworker a heart emoji a form of sexual harassment?

Can an emoji be defamatory? These are only a handful of the questions that have come up regarding how judges should interpret the use of emojis. The lack of a uniform meaning for emojis makes their interpretation extremely difficult due to different cultural viewpoints. What is considered appropriate by one individual may be extremely offensive to another. For example, the thumbs-up emoji, which typically denotes agreement, acknowledgement, and reciprocal participation in certain contexts, is viewed as impolite and harsh in other contexts, particularly by younger users.

Given that emojis are open to several interpretations, it is obvious that utilizing caution while using them—especially in professional correspondence—cannot be overstated. It’s unlikely that many emoji-related issues will surface in the legal system in the near future, notwithstanding the dearth of judicial decisions that thoroughly analyze emoji interpretations or even outline the methods for doing so. We believe this because, despite the informal nature of their use, emojis are quickly becoming acknowledged as a legitimate means of corporate communication. This is demonstrated by a few recent rulings from international courts, which we will cover in more detail later.

Unfortunately, Emojis in Nigeria are underexplored in law due to lawyers’ lack of consideration for their impact on written communication. There is currently no case law addressing issues arising from emojis or their use in daily transactions, highlighting the need for further investigation.

  1. EMOJIS AND CONTRACT FORMATION

Depending on the circumstances, using an emoji can result in the creation of binding relationship between parties. The Court of King’s Bench in Saskatchewan, Canada, SOUTH WEST TERMINAL LTD. V ACHTER LAND 2023 SKKB 116 ruled that the use of a thumbs-up emoji in a text message satisfied both the writing requirement of Saskatchewan’s Sale of Goods Act(S. 6(1) of The Sale of Goods Act) and also constituted acceptance of an offer even though the defendant insisted that his use of the thumbs-up emoji in a text message only served to acknowledge receipt of the draft contract that was shared, but did not signify his acceptance of its provisions. In reaching this decision, the Judge considered the similar nature of past correspondences between both parties and concluded that a reasonable person would understand the emoji as an acceptance of the contract terms offered. The judge, in compelling the farmer to pay $61,442 for breach of the contract, reasoned that the emoji is just as valid as a signature and that courts must adjust to the “new reality” of how people communicate

In other words, casually sending a thumbs-up emoji, a handshake emoji or even a smiley face in response to a message putting forth a proposal or offer to do business may be the same as stating, “I agree to your terms.” Likewise, sending a thumbs-down or a sad or angry-face emoji could be equivalent to a rejection of the terms put forward by the offeror. At the minimum, replying to such a message with an emoji may convey contractual intent.

Also in Israel, the case of DAHAN VS. SHACHAROFF [HERZLIYA SMALL CLAIMS Ct. Feb. 24, 2017] comes to mind wherein Judge Amir Weizebbluth in his judgment stated:

‘The text message sent by the defendant… included a smiley, a bottle of champagne, dancing figures and more. These icons convey great optimism. Although this message did not constitute a binding contract between the parties, it naturally led to the Plaintiff’s great reliance on the Defendant’s desire to rent his apartment…These symbols which convey to the other side that everything is in order were misleading.’

The positive emojis signaled interest, according to the judge, and the landlord reasonably relied on the defendant’s ‘optimistic language’. The judge awarded the misled landlord damages of over 2,200 dollars.

2. EMOJIS AND DEFAMATION

Emojis may seem harmless, but recent case of BURROWS VS. HOUDA, [(2020) NSWDC 485] suggests that emojis can give rise to an action for defamation because they can convey a defamatory meaning. Here, the defendant tweeted a link to an article about the plaintiff’s disciplinary case with a zipper-mouth face emoji, the judge, referencing an online emoji dictionary, opined that most social media users would have negative impressions of the plaintiff as the tweet conveyed false and defamatory assertions, including that she had been disciplined due to misconduct.

3. EMOJIS AND CRIMINAL INTENT

Some Emojis have been shown to depict criminal intent of the sender. Such emojis as the fist, gun, etc are classified in this category and could be interpreted as expressing the criminal intent to attack you and put you in the hospital. This was the exact message sent by two men taken into custody for stalking charges in South Carolina.

In a Massachusetts murder case, it was successfully argued that the defendant’s use of an emoji with Xs for eyes coupled with the nickname of the victim suggested a premeditated homicide and notaccidental death as the defendant argued.

4. EMOJIS AND THREATS

Perhaps the most troubling use of emoji is where it is unclear whether they connote, modify or amplify a criminal threat. This is the main point of decision in New York City wherein a teenager was arrested for making terrorist threats after posting a Facebook status with a gun emoji pointed at the emoji of a police officer.

This was also the case in New Zealand where a judge considered the role of the emoji in a Facebook message sent by a man to his ex-partner. The man wrote, “you’re going to f***ing get it” along with an airplane emoji. Concluding that the message and emoji generally conveyed that the defendant was “coming to get” his ex-partner, the judge sentenced the accused to 8 months jail on a charge of stalking.

Emojis also feature in cases involving cyber bullying and harassment.

5. EMOJIS AND SEXUAL HARASSMENT

The use of certain emojis in communications can lead to sexual harassment claims or grounds a lawsuit. Sexual harassment is punishable under both Federal and State laws in Nigeria, and the National Industrial Court of Nigeria has been praised for taking the lead in addressing workplace sexual harassment through its judgments and rules of court. Sexual harassment includes unwelcome displays of sexually explicit pictures, objects, jokes, insults, or graphic comments about a person’s body (Section 46 of The Violence Against Persons (Prohibition) Act 2015 states that sexual harassment means “unwanted conduct of a sexual nature or other conduct bases on sex or gender which is persistent, serious and demeans, humiliates or creates a hostile or intimidating environment and this may include physical, verbal or non- verbal conduct.” See similar provision in Section 63 of the Ekiti State Gender – Based Violence (Prohibition) Law 2019).  The court will always consider the surrounding facts and context of use, such as the type of emojis and frequency of incidents, when arriving at a reasonable decision. However, it is unlikely that the use of emojis cannot contribute to the finding of sexual pervasiveness in a modern-day workplace. The court looks at the surrounding facts and analyzes the totality of the circumstances, including the emojis used in denying the defendant’s motion for judgment on the pleadings.

The red lipstick emoji was a topic of controversy in a California case. The red lipstick emoji became an issue in Stewart vs. Durham [3:16-CV-744-CWR-LRA (S.D. Miss. Feb. 9, 2017)], a California claim of sexual harassment where a female potential employee allegedly responded to sexually suggestive texts with a red-lipstick kiss emoji, raising the issue of whether the kiss implied that she welcomed his advances.

6. HOW COURTS ATTEMPT TO INTERPRET THE USE OF EMOJIS

Emojis in daily transactions prompt court interpretation in matters. Courts attempt to understand context, but may only consider emoji meaning in self-explanatory cases. An example is the US case of COMMONWEALTH OF PENNSYLVANIA VS. FOSTER [J-6-2019, (Pa. Aug. 20, 2019)], where a defendant on probation for a drug-related conviction raised the suspicion of his probation officer when he posted photographs depicting guns, drugs and money along with three pill emojis.

Courts often interpret wordless communication, relying on surrounding circumstances and examining emojis like smiles and sad faces. These messages may seem innocent or harmless, but their meaning may vary depending on the context and community used, affecting the sender and recipient’s interpretation. In the 2014 US case of GHANAM VS. DOES, [SC: 148726 (Mich. Dec. 23, 2014)], the court had to analyze the facts and circumstances surrounding a defendant’s use of the sticking out tongue emoticon within a communication in a defamation case. Based on the hyperbole surrounding the emoticon, and the emoticon itself, the court found that the communication was a joke and negated the defamation claim in the defendant’s favor.

On the other hand, in 2019, in COMMONWEALTH VS. DANZEY, [Pa. Super. Ct. 2019], the Superior Court of Pennsylvania upheld the conviction of a defendant for stalking and harassment that was based in part on a social media post whose wording demonstrated the defendant’s state of mind, revealing his criminal intent, despite the words being accompanied by the common smiley face emoji.

7. EMOJI FORENSICS

Emojis are increasingly used in courtrooms due to their widespread use in digital communications. This has led to the need for a specialized field called “emoji forensics,” reflecting societal norms and allowing law to adapt to technological advancements for judicial inquiry.

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A BEACON OF LEGAL EXCELLENCE IN LAGOS, NIGERIA

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ASALAW LEGAL PRACTITIONERS

In the bustling metropolis of Lagos, Nigeria, where legal expertise meets the diverse needs of businesses and individuals, one law firm stands out as a beacon of excellence: ASALAW LEGAL PRACTIONERS nestled in the heart of Lekki. Renowned for its unwavering commitment to professionalism, integrity, and client-centric services, this esteemed firm has carved a niche for itself as the go-to destination for legal solutionsin Lekki and beyond.

ASALAW LEGAL PRACTITIONERS TEAM
ASALAW LEGAL PRACTITIONERS TEAM

Lekki, known for its vibrant atmosphere and burgeoning commercial landscape, demands legal services of the highest caliber to navigate its intricate legal terrain. From corporate entities seeking adept counsel to individuals pursuing justice, the need for a reliable and proficient legal partner is paramount. Enter the top law firm in Lekki, Lagos Nigeria – ASALAW LEGAL PRACTITIONERS: a bastion of legal prowess and a trusted ally for all legal matters.

At the core of this esteemed law firm’s ethos lies a dedication to client satisfaction and excellence in legal representation. Bolstered by a team of seasoned Lawyers, each a specialist in their respective fields, the firm offers a comprehensive array of legal services tailored to meet the diverse needs of its clientele. Whether it’s corporate law, real estate transactions, debt recovery, intellectual property rights, or dispute resolution, Tech Law, Entertainment Law, Medical Law, Family Law with their extensive backgrounds and expertise, the firm’s lawyers guarantee that their clients get professional advice and assistance at every stage of the process.

WHAT SETS APART FROM OTHERS

What sets this law firm apart is not just its impressive track record of success but also its unwavering commitment to integrity and ethics. In an industry where trust is paramount, ASALAW LEGAL PRACTITIONERS uphold the highest standards of professionalism, transparency, and confidentiality, earning the trust and respect of clients and peers alike. Each client is treated with the utmost respect and receives personalized attention, ensuring that their unique needs and concerns are addressed with diligence and care.

Beyond its exemplary client service, the firm’s impact extends far beyond the confines of its office walls. Recognizing the importance of community engagement and social responsibility, the firm actively participates in pro bono initiatives, legal aid programs, and charitable endeavors aimed at advancing access to justice and promoting social welfare in the local community. By giving back to society and championing noble causes, the firm embodies the spirit of altruism and civic duty, setting a positive example for others to emulate.

In a dynamic and ever-evolving legal landscape, staying ahead of the curve is essential. ASALAW LEGAL PRACTITIONERS, being the best law firm in Lekki Lagos, Nigeria prides itself on its culture of innovation and continuous learning, embracing emerging trends, technologies, and best practices to deliver cutting-edge legal solutions that address the evolving needs of its clients. From harnessing the power of digital tools for efficient case management to leveraging data analytics for informed decision-making, the firm remains at the forefront of legal innovation, setting new benchmarks for excellence in the legal industry.

As the legal landscape in Lekki continues to evolve, one thing remains constant: the unparalleled commitment of Lekki’s premier law firm – ASALAW LEGAL PRACTITIONERS to deliver exceptional legal services with integrity, expertise, and compassion. With a legacy built on excellence and a vision set for the future, the firm continues to be a trusted partner for those in need of reliable legal counsel and representation in Lagos, Nigeria, and beyond.

In conclusion, the top law firm in Lekki is not just a provider of legal services but a symbol of excellence, integrity, and community engagement. With a team of dedicated professionals, a commitment to client satisfaction, and a passion for making a positive difference, the firm sets the bar for excellence that others can strive to meet and represents the very best in the legal profession.

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