NIGERIAN LAWS TO NOTE

 

Harmonised Retirement Age for Teachers in Nigeria Act 2022   What is it?   This law increased the retirement age of primary and secondary school teachers  to 65 years old, and years of service to 40 years.    Why is this Law important?   The education system is the bedrock of the development of any country, and the teachers are one of the most important pieces within the education system and so any changes to their employment affects us all. This law was proposed to bring the retirement age in line with what already exists for educators in colleges of education, polytechnics, and Universities.

National Health Insurance Authority Act 2022 What is it ?   This law repeals the National Health Insurance Scheme (NHIS) Act, 2004 and aims to facilitate health coverage for all Nigerian residents by overseeing the promotion, regulation, integration of health insurance schemes.   Why is this Law important?   Access to affordable healthcare is important in a country like Nigeria where there is unfortunately still a very high rate of poverty. This law creates a framework for how these health schemes are set up on a federal and state level, but also critically it mandates that all vulnerable persons shall have access to health care provided by a fund -  the Basic Health Care Provision Fund. It is a very important (and complex) piece of legislation, and so this summary does not do it justice. Suffice to say this is a game changing law for the Nigerian health care system.

Advertising Regulatory Council of Nigeria Act 2022   What is it?   This law repeals and replaces the Advertising Practitioners Act which established ARCON's predecessor - The Advertising Practitioners Council of Nigeria (APCON). ARCON is now the agency which regulates advertising in Nigeria. This includes who can engage in advertising business, and approval of adverts in Nigeria.   ARCON is in charge of vetting any adverts or promotions that are to be directed at members of the public. Therefore, before conducting any TV, radio, online or print adverts, the company must obtain APCON approval.   Why is this Law important?   In our September 6, 2022, newsletter we discussed our views on how important we think this agency is going to be over the next few years.  Our newsletter was sent in the context of the 'ban on foreign models' and our view was that this 'ban' was nothing new as a variant of this 'ban' was already part of the law that was passed over 10 years ago. Our view was that the publicising of the ban was a way for ARCON to gain some publicity and recognition as a precursor to moves they would begin to make in the space.   We have already begun to see these moves happen – for instance they sued Meta (Facebook) for N30 billion claiming it is showing unapproved adverts to the Nigerian audience. They have also sent warnings to content creators and online influencers that they need to comply with the advertising code or face sanctions.   Our predictions were correct, and we expect that over the next few years ARCON will continue to expand its regulatory reach and test out its powers – watch this space!

Nigeria Startup Act 2022   What is it?   The law is aimed at creating a favourable environment for Startups by providing incentives; removing regulatory constraints; and developing an ecosystem for Startups to thrive.   Why is it important?   With the passage of this law, Nigerian startups could potentially have access to more government funding and tax incentives – more money for startups creating innovative products is always a good thing! The Act, however, has  tighter regulation of startups – this requirement to apply for a startup label certificate to enjoy the incentives and benefits provided under the Act is an interesting requirement, and one to watch as it could have unintended consequences.   So that's it – our wrap up of some of the key laws passed in 2022.   Thank you for being a loyal subscriber, we wish you happy holidays!

Legal Term of the week -   'Court martial'    this is a Military court empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon the punishment.   Lawpadi <contact@lawpadi.com>