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Mar 31, 2016

Intellectual property as an asset: How valuable are our ideas? by Jerry Chiemeke

 
 
The term "intellectual property" is broad, and is widely used to refer to intangible assets. Intellectual property differs from other forms of property because it is intangible—that is, it is a product of the human imagination.
There are various classes of intellectual property: Patents, Copyright and Trade marks are perhaps the most prominent. Patent law protects inventions that demonstrate technological progress. Copyright law protects a variety of literary and artistic works, including paintings, sculpture, prose, poetry, plays, musical compositions, dances, photographs, motion pictures, radio and television programs, sound recordings, and computer software programs. Trademark law protects words, slogans, and symbols that serve to identify different brands of goods and services in the marketplace. 

Mar 29, 2016

Are abortions legal in Nigeria?





Though abortions are illegal in Nigeria, according to the US-based Guttmacher Institute, statistics show that at least 1. 2 million induced abortions take place in various parts of Nigeria every year, with the highest number coming from the South-South part of the country, followed by the North-East and South-West. Furthermore, statistics show that 10,000 women die every year in Nigeria from unsafe abortions, carried out by untrained people in unsanitary conditions. This can be leveled down to 27 deaths a day. Abortions are legal, only when it is done to save the life of the woman and two physicians must certify that the pregnancy poses a threat to the life of the woman. More than 456,000 unsafe abortions are done in Nigeria every year; the US Guttmacher Institute estimates.

The law also frowns strictly on abortions and provides accordingly in the Criminal Code Act, Cap C38, Laws of the Federal Republic of Nigeria, 2004. Which states in Section 228 that; 

Survey:How Much Do Nigerian Lawyers Earn? by Babatunde Ibidapo-Obe


 

Hi there!

I am conducting some research into the income and earning levels of Nigerian lawyers. There has been a lot of discussion and anecdotal information about how much Nigerian lawyers are being paid (it was even brought up at the Annual NBA National Conference in 2015). I have heard 'stories' of lawyers who are 5-year post call being paid as little as N50,000 a month by their principals in the firm, and lawyers working in legal departments of companies (generally oil companies) being paid upwards of N1million a month.

Mar 28, 2016

Tell a friend


Mar 22, 2016

THE REQUIREMENTS FOR SHIP REGISTRATION IN NIGERIA Osinuga Damilola B.L, ACIArb (UK)

 
www.linkedin.com
 
 
In international law, each State (Country) is permitted to set down the requirements by which a vessel is permitted to hoist its flag or enter its registry. This principle is long standing and was recognized by the Hague Court as far back as 1905 in Muscat Dhow’s case. The 1982 United Nation Convention on Laws of the Sea states that:

Article 91: Nationality of ships
1. Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship.

2. Every State shall issue to ships to which it has granted the right to fly its flag documents to that effect”.

Mar 18, 2016

SAMPLE - AFFIDAVIT OF LOSS


credits-filesishare.blogspot.com
Sometimes we lose our personal items such as bags, certificates, keys, documents and wallets all the time. In trying to retrieve our lost items, we are sometimes required to file a police report and depose to an affidavit of loss in court. A lot of people often find this very confusing and don’t know where to begin. Hopefully this blog will guide to in the right direction.

 Note that a police report can only be filled at the Police Station and no other person is licensed or capable of giving you a police report. An Affidavit on the other hand can only be sworn to at a court before a Commissioner for Oaths or a Notary Public. Find below a sample of an Affidavit of Loss, which can be modified to suit your particular situation. Please note that all the facts stated in this sample affidavit are fictitious.    

Mar 15, 2016

How to make your police complaints via @policeNG_CRU


#InternationalPoliceBrutalityDay

The Nigeria Police Force and other stakeholders (both international and national) are jointly carrying out training on ‪#‎HumanRights‬ protection, democratic policing principles and attitudinal change for police officers in Nigeria.

Kindly report any known violation to NPF-CRU.
Check out the First ‪#‎CRU100Days‬ Report at http://www.npf.gov.ng/imag…/CRU_100_DAYS_REPORT_FEB_2016.pdf

‪#‎NPFcomplaint‬

Mar 14, 2016

INTERVIEW: A.B.Mahmoud SAN on THE FUTURE OF THE NIGERIAN LEGAL MARKET

A.B.Mahmoud SAN
Editor's Comment - This interview was initially published on www.linkedin.com by Lere Fashola on 08/03/2016.
Tell us a little about yourself and how your career has evolved over the years.
Well, first of all thank you very much for arranging this interview and for featuring me in your magazine. I started my legal career in the early 80s after graduating from Ahmadu Bello University Zaria in 1979. I was called to the Bar in July 1980. I did the National Youth Service in Rivers State between1980-1981. I returned to the Ministry of Justice Kano and remained in the service of the Kano State until 1993.

Mar 11, 2016

10 Frequently asked questions when negotiating a record deal

Credits - Pixabay.com 
In my years of servicing the Nigerian Entertainment industry, I have had to deal with queries on what a standard Recording Contract should entail. My understanding of this subject is shaped from various cases of providing representation to either of the parties at the negotiation table – Talent or Record Company.
These questions are offshoots of expectations. They betray the enthusiasm stomached when at the brink of forging a relationship which should serve the best interests of the parties.
The intent of this post is to describe how I have dealt with these questions. Here are my short-hand answers to the frequently asked questions.
So lets start with our FAQ!

Recovery of assets and funds misappropriated from Nigeria.



Breakfast Briefing, Law Society, Chancery Lane, 0830-1030, 23.03.16

The Law Society in conjunction with the British Nigeria Law Forum (BNLF) is holding a breakfast briefing on recovery of assets and funds misappropriated from Nigeria.
Topics to be discussed include:
  • Identification of stolen assets, or assets that can be used in satisfaction of a civil judgment
  • Steps that may be taken in the English courts in support of proceedings in Nigeria
For further details and registration please click on the link below:
https://events.lawsociety.org.uk/ClientApps/Silverbear.Web.EDMS/public/default.aspx?tabid=37&id=1358&orgId=1&guid=abed43da-9d39-438d-99d6-5b715fdbbc99


CONTACT
Babatunde Akinyanju
Immediate Past Chair
British Nigeria Law Forum
Principal Consultant, Femoda Juris

+447976610623
@bakinyanju

Mar 7, 2016

So You Want to Rent a Property In Lagos, Nigeria? Get Familiar with these Terms





It’s funny how when renting a new place, a lot of us painstakingly find the ideal place, immediately pay “to secure the property” then proceed to move in; all this being done before the landlord/agent drops off the tenancy agreement, that’s if there is even a tenancy agreement at all.

The role of the lawyer when renting new premises is so underplayed; however, we all know that the Legal fee is a non-negotiable part of the whole transaction. In most instances the lawyer gets to receive awoof money, as the agreement sent out tends to be “copy and paste” in nature.

Tenancy in Lagos State is governed by the Lagos State Tenancy Laws, however the majority of the provisions of this act may be contracted out of via the tenancy agreement. Please note that this article was written with yearly tenancies in Lagos State in mind, but some of the issues highlighted are universal.

Many of the following terms are so vital, yet they are either not adequately addressed or not even included in the Tenancy Agreement at all. Unfortunately, the moment those terms not included in the document become a cause for quarrel. A sweet relationship can turn sour very quickly. Trust me, beef on one’s doorstep is never advisable.

Legal options available to victims of Medical Negligence in Nigeria- Ahmed Adetola-Kazeem, MCIArb (UK)





INTRODUCTION

Due to the low level of public enlightenment in Nigeria as to the rights of victims in the event of medical negligence and other professional misconducts, and sometimes because of religious or other social sentiments or prejudices, victims of medical negligence and other professional malpractice seldom institute actions in court for redress.   There is therefore a dearth of reported cases emanating from Nigerian courts.  There has however been a steady rise in complaints received by the investigating arms of the various professional regulatory bodies which upon establishment of prima facie cases are often charged before the disciplinary organs of the bodies.  An appreciable number of decisions of the disciplinary organs like the Medical and Dental Practitioners Disciplinary Tribunal end up in the appellate courts.

Applying the neighbourhood test, there is no gainsaying the fact that the doctor or any other health professional in a health facility is a very close neighbour of the patient who presents in the  health facility, to whom the doctor and other health personnel  owes a duty of care.  This is quite apart from the contractual obligation between the patient and the owner of the health facility, who in many cases in Nigeria, is the doctor himself.

BOOK YOUR TABLES FOR NIGERIAN LEGAL AWARDS 2016



snapshot of over 500 top lawyers and business executives who were guests at the Nigerian Legal Awards 2015

To book your place at the award dinner, please email to awards@esqlaw.net and copy award@esqlaw.net and esqnigerianlegalawards@gmail.com or call lere on 08035269055 or Funmi on 08169309575

 

Enterprenuership and the Law by Kayode Omosehin


Credits - www.entreprenoobz.com

Nigeria is the next great investment destination of Africa. Entrepreneurship will no doubt be the drive of the economy of the continent. Entrepreneurs are known for surviving in almost uncertain ventures and can forge on against all odds. But forging on with caution in legal matters will be sound wisdom in commerce. With many Nigerian entrepreneurs now new to building a business, the need for legal advice becomes imperative and should therefore form part of any curriculum in entrepreneurship training.
Entrepreneurs need lawyers to grow their business with less troubles from regulators and competitors. Information technology has deluded so many into joining the band wagon of "wetin lawyers dey do sef" (meaning "what do lawyers even do to make them indispensable"). Some people are searching Google to get templates on contracts and almost every other thing about their business. The consequences of such approach can be very grave! I have listened to many clients, local and foreign, brooding over regulatory sanctions imposed on their business, how sad it is to them that they are getting sued by competitors for everything, how much issues they have to deal with in terms of their copyright, product liability etc. These are known attributes of a business which disregards the use of legal advice.

Lere Fashola on how law firms can make their Nigerian Legal Awards entries standout and get the judges’ positive nod.

The Nigerian Legal Awards (NLA) is not based on sentiments, not on how much you pay, relationship with ESQ, size of the firm nor volume of the transactions that you do. It is based on specifics as contained in your submission. 

You are called to explain in short words what it is that you have achieved for your client and how this has impacted or is likely to impact on their business. Since words are the most important tools of advocacy and lawyers are expected to be men of words, the Award judges are looking forward to seeing in your own words how legal service that you deliver is in tandem with commercial realities.

APPALLING DIVISION by Jacinta Obinugwu

Over the years, the most general definition of International Law is that International law is a set of rules which are established by customs or treaties and as such is widely recognized and binding on states in relating to one another.

However, the manner in which International law is derived from general principles of law has been subject to a number of debates. Asides understanding the fact that international policies became widely accepted by states after the Second World War, there has been series of debates as to the existence and glorious formation of International law. The Traditional understanding is that international law was born out of European experience.

Mar 3, 2016

Electricity Customer Rights and Obligations


Credits - www.tori.ng

NERC stands for Nigerian Electricity Regulatory Commission and by its name, it’s obvious that they are empowered to oversee everything that has to do with how you and I get our electricity. The Commission derives its powers from the Electric Power Sector Reform (EPSR) Act, 2005 to ensure an efficiently managed electricity supply industry and mandates the commission to ensure that electricity investors recover costs on prudent investment and provide quality service to customers.

As electricity users, we have certain rights and obligations and it’s important we are all familiar with them so as to aid your panel discussions and deliberations as regards electricity supply. The following are your rights as an electricity customer –

When a Police officer can arrest without a warrant




Most people want to know when the police can arrest you without a warrant. It’s been a topic among many citizens and I hope this blog post can help shed some light on the issue. The provision of the law with regards to arrest without a warrant can be found in the Police Act and the Criminal Code. 

Section 24 of the Police Act, provides that a police officer can lawfully arrest without warrant in the following cases –