“An ounce of mediation is worth a pound of arbitration and a ton of litigation” __ Joseph
Grynbaum

By Ernest Ogezi

Everyday online transactions within and across international borders continue to
grow in intensity and complexity. The nature of ICT makes the world borderless,
therefore disputes pertaining to trade and Intellectual property rights such as
patents, trademarks, copy-rights – including software – or know-how, can quickly
spiral into complex legal situation. ICT disputes are multifaceted as they are
technical; for this reason, when parties to ICT transactions get involved in
conflicts, the most important thing to do is find a time- and cost-effective manner
to resolve the issues in order to avoid disruption of technology development,
investment and consumer interests. Conventional courts are not often well
equipped to handle the intricacies because conflicts are complex and require
expertise.

Alternative dispute resolution (ADR) mechanisms, including mediation, arbitration
expedited arbitration and expert determination, offer parties and their lawyers high-
quality, efficient and cost-effective ways to resolve their ICT disputes out of court,
especially contractual disputes involving parties from different jurisdictions. Some
important advantages of ADR are neutrality and expertise. In neutrality, ADR
assumes a neutral law, language and institutional culture of all parties, taking away
the home court advantage that would have been enjoyed by parties in court-based
litigation. Expertise borders on achieving high-quality solutions in ICT disputes
where judges may have the relevant knowledge in key areas. Parties can appoint
arbitrators, mediators or experts with specific proficiency in the relevant legal,
technical or business area.

Delay in the resolution of ICT conflicts has the ability of putting a whole project at
risk. This underpins the importance of economically viable and time-bound
resolution of conflicts. ADR mechanisms provide short and specific timelines
which the parties can further adapt. Mechanisms like the expedited arbitration fast-
track actions to achieve even faster solutions. Alternative dispute resolution (ADR)
helps avoid the expense and complexity of multi-jurisdictional legislation and the
risk of inconsistent result by allowing parties to settle in a single procedure.

According to Statista, the number of internet users in Nigeria as at 2020 had
reached 99.05 million. The business ecosystem within the Nigerian cyberspace is
bolstering and a lot of social entrepreneurs are emerging, offering service and
product transactions to a variety of customers or consumers. International online
transactions are also growing in Nigeria. It is inevitable that conflicts will result as
a result of the use of the internet and, Information and Communication Technology
(ICT). But conflicts occur, it is necessary to follow expert, time- and cost-effective
procedure for resolution.

Nigeria’s judicial system is currently ill-equipped to handle disputes relating to
parties in an ICT setting, litigations can be very expensive while judges and
lawyers lack the requisite technical expertise to litigate ICT-related conflicts. This
is what informed the development of the framework on Alternative Dispute
Resolution (ADR) developed by the National Information Technology
Development Agency (NITDA). The ADR Framework defines “ICT Conflict
Prevention” as a body that ensures that conflicts in an agreement or ongoing ICT
projects are identified at an early stage, resolved and prevented from escalating
further. Within the NITDA ADR framework ICT disputes “refers to disagreements
between parties who agreed concerning hardware (computer components and
peripheral devices), software, IT consultancy, cloud services or internet services.”
The elaborate ADR framework also encapsulates the establishment of Online
Dispute Resolution (ODR) platform. The ODR platform is seen as the most
innovative and interesting aspect of the ADR given that it is an online dispute
resolution platform. The ODR platform allows for resolving of ICT disputes online
from filling, neutral appointment of arbitrators, online discussions and rendering of
binding settlements.

The ADR framework has provision for the establishment of a body specialized in
the field of organization and ICT and made up of experts in IT conflict
management that will offer ADR options to resolve and where necessary settle
disputes in ICT related matters. The objectives of the body are:
i. To inform the respondent party about the complaint with the aim of settling
the dispute between parties. The body shall provide an electronic complaint
form to the parties.
ii. To enhance cross border transactions and market integration online while
providing means of resolving disputes where it arises in the course of a
transaction.

iii. To provide the parties and ADR entity with the translation of information
which is necessary for the resolution of ICT disputes
iv. To make online transactions safer and fairer through access to dispute
resolution tools by providing a feedback system that allows the parties to
express their views on the functioning of the ODR platform.
v. To make publicly available general information on ADR as a means of out-
of-court dispute resolution mechanism and to provide information on how to
submit complaints through the ODR platform.

A complaint is valid to the extent that the ICT agreement initially contained
arbitration clause accepting that all disputes should be resolved by the agency or
parties voluntarily consent to applying ADR to resolve ICT disputes. The
complaining party must fill in the electronic complaint form and ensure that the
there is sufficient information as to the cause of the dispute. Data processed
through the electronic complaint form and its attachment must be accurate,
relevant, and not excessive.

The ADR Framework will also incorporate the Data Protection Regulation 2019 in
the access, collection and processing of users for dispute management and
resolution. Strict confidentiality and appropriate technical and organizational
measures to ensure information security within the ADR body and the online
dispute resolution platform.

Through the scope and applicability of the ADR framework NITDA will be able to
resolve all technical, commercial or legal conflicts and apply to disputes on
contractual obligations stemming from hardware and software transactions,
consultancy, telecommunication the internet, online sales and service contracts
between consumers within Nigeria and a trade established in Nigeria using the internet services.

By Derrick Bangura

Do you frequently feel tired, sluggish and bloated? Does your hair look dull and dishevelled? Does your skin lack sparkle and is the waistband on your jeans a little too tight for comfort? If you answered yes to one or more of these questions, is that, too often, it could be a sign that your system is in desperate need of a spring clean.

So many people find cleanses and detox appealing as a way to reaffirm a commitment to healthy eating. While I certainly understand the desired dial down cravings for sweets and processed foods and create a pathway toward eating well over the long haul, the trouble I see with juicing and other similar cleanses is that too often, they leave people hungry, sluggish and distracted by constant thoughts of food. Cleansing can also lead to unwanted issues, like constipation (from lack of fibre) and bloating (due to excess fructose from juice cleanses).

You don’t need to take specific foods to detox your body. You have organs (like your liver) that are specifically designed to remove toxins.

But some foods are important components of a balanced diet that will help keep your detoxification system healthy.

What are the best detoxing foods?

There are no specific “detoxing foods” but the food is important to your natural detoxification systems.

In addition to eating a balanced diet, you can always support your body by exercising, avoiding the intake of toxins by limiting them is pertinent, chief among these toxins are alcohol and cigarettes.

The human body is designed to purify itself. You can help by drinking plenty of water and limiting highly processed, fatty, and sugary foods.

It is normal for anyone to engage in a “Detox Diet”. It encourages you to eat natural foods and veggies.

The main idea behind detox and cleanse diets is to purify and purge the body of the “bad” stuff that can cause problems like tiredness, headaches, and nausea. But the human body is designed to purify itself and there is no evidence that a detox diet works.

By Matthew Eloyi

It may seem as though fire outbreaks in popular markets and supermarkets across Nigeria on annual basis have become rituals and sometimes the probes into the reasons for the tragedies are never revealed nor reported.

The 26^th of December 2021 was a black Boxing Day for the management, staff and customers of the popular multi-purpose supermarket, Next Cash and Carry, located along Ahmadu Bello Way, Kado-Kuchi area of Jahi-Kado expressway, Abuja as the shopping centre was gutted by fire which started in the early hours of the Boxing Day.

According to reports, the fire which started around 8:00 AM was caused by an electrical surge that started from the administrative section of the supermarket. It was also reported that the Fire Service of the Federal Capital Territory (FCT), Federal Fire Service, fire units of the Nigerian Navy and Guards Brigade, as well as fire trucks from Julius Berger Plc made efforts to extinguish the fire. The staff of the shopping mall, however, alleged that personnel of the Fire Service arrived at the scene late.

What makes it more worrisome is that the incident occurred just a few months after another multi-million-naira shopping centre, Ebeano Supermarket, located in Lokogoma, Abuja, was razed by fire. More losses have been noted from similar fire outbreaks in many other commercial premises and supermarkets. Reported cases in different parts of the country have continued to strain our memories.

Commendable as the efforts of the firefighters were, one may be tempted to ask if the firefighting infrastructure and systems were not as effective as they should be. The General Manager of Next Cash and Carry, Pape Neil, in a post on his official Facebook page had maintained that the store was built and operated according to international standards, adding that the roof was fireproof and that it had a competent Firefighting truck in Abuja which has assisted the fire service in fire incidents in Abuja in the past, as well as fire extinguishers and fire hose reels connected to the hydrant, and placed in strategic positions all within the store under the FCT Fire service supervision. He added that the FCT Fire service conducts quarterly fire outbreak training for all staff & certifies all its operations.

The big question is: if all of the facilities mentioned above were as effective as should be, why did such an inferno engulf the supermarket, destroying goods worth millions of naira without being averted? Well, the Management of Next Cash and Carry Supermarket has called for a thorough investigation into the cause of the fire outbreak at the store. In response, the Honourable Minister of the FCT, Malam Muhammad Musa Bello noted that an investigation was already ongoing to determine the cause of the fire incident to prevent a reoccurrence of the incident in any other establishment within the FCT. Until then, the real cause of the fire outbreak remains unknown. But one certain thing is that our firefighting response systems, technologies and infrastructure need to be improved drastically.