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Mar 31, 2019

The role of a legal practitioner in the administration of justice: can a legal practitioner win or lose a case?|Henry Chibuike Ugwu.


INTRODUCTION

It has become rampant to see legal practitioners tout their perceived success rates with regards to cases they have handled in courts during press interviews, while discussing with prospective clients, on law office websites etc.

Mar 30, 2019

What is the Penatly For Sharing Nudes Online

            

Question - What is the Penalty for sharing nudes online? 

Answer - 
Section 24 (a) of the Cybercrimes Act 2015 provides that - any person who knowingly or intentionally sends a message via a computer or network system which is false, grossly offensive, pornographic, obscene, indecent or menacing commits an offence and is liable to a fine of 7 (Seven) Million Naira and/or a term of up to 3 years imprisonment. 

@Legalnaija 

Responsible & Responsive Governance: X-Raying the Paul Usoro Leadership of the Nigerian Bar Association in the light of the “Putting You First” Mantra


The Making of Responsible & Responsive Governance: X-Raying the Paul Usoro Leadership of the Nigerian Bar Association in the light of the “Putting You First” Mantra 

(By Sylvester Udemezue)

“A great leader’s courage to fulfill his 
vision comes from passion, not position.”

– John Maxwell

Mar 28, 2019

NBA President, Paul Usoro SAN's Address At The NBA NEC Meeting


ADDRESS DELIVERED AT THE NBA NATIONAL EXECUTIVE COMMITTEE (“NEC”) MEETING AT THE NBA SECRETARIAT IN ABUJA. 

My Dear Colleagues

Mar 26, 2019

MTN lawyers say AGF’s legal arguments unacceptable and unknown to law




Fireworks continued today as MTN Nigeria and the Attorney General of the Federation and Minister for Justice continued their legal battle over the appropriateness of the latter’s demand for $2 billion in back taxes. While MTN maintained that the AGF was beyond his remit, the AGF sought to justify his demands.

At a hearing in the Federal High Court in Ikoyi, Justice C J Aneke heard arguments relating to the substance of the AGF’s preliminary objection (from November 2018), the detail of which was only filed in court by the Attorney General late on March 25th, and which has yet to be served on MTN. The arguments did not focus on the substance of MTN’s suit, as the AGF’s preliminary objection that MTN did not commence legal proceedings within 3 months of the cause of action arising must first be addressed.

Mar 25, 2019

Legal effects of Condonation in Employment Relations | Michael Dugeri






Condonation means the forgiveness, purposeful disregard, or tacit approval by a victim of another's illegal or objectionable act, especially by treating the other person as if nothing happened.



In law, the term condonation is more commonly associated with matrimonial proceedings, in which case it is understood as the voluntary pardoning by an innocent spouse of an offense committed by his or her partner conditioned upon the premise that it will not happen again. Condonation, which is used as a defence in divorce actions based on fault grounds, is strongly supported by public policy. The institution of marriage and its preservation are considered essential for the stability of society, and therefore condonation is encouraged to promote the notion that marriages should not be dissolved easily. 

Mar 19, 2019

Pro Bono Lawyers Can Win Big In The Paul Usoro Challenge



Pro Bono Lawyers are set to win big in Season 3 of the Paul Usoro Challenge. To participate, all you need do is upload an inspiring 2 minutes video explaining your pro bono case on Facebook, Instagram and Twitter using the Hash-tag #PaulUsoroChallenge and stand a chance to win up to 200,000 Naira and other cash amounts.

See the flier below for more details.

Membership Rights Of A Company | Blessing C. Madu




A Business can attract investors other than the business owner. A major way for the investor to participate in these businesses is to invest in the company by purchasing shares. Anyone who purchases shares is called a shareholder. Shareholders are very important persons in a company whether it is public or a private limited company. A shareholder is one who owns at least one share, attracting at least one vote in a company. A subscriber of shares is not regarded as a shareholder until shares are actually allotted to him. There is equally a very important person in a company. They are referred to as the Members of a company.

Mar 12, 2019

IP ABC —IP Rights and Confidential Information: Whether IP Infringement or Breach of Confidence




Question of the Week  

Dear IP ABC


I am Ade Adeyoju, Founder of E-Estates, an internet company in Nigeria which owns and runs a number of e-commerce startups, including www.buysmartphones.ng. BuySmartphones is an e-commerce site where anyone can easily buy smartphones online and have them delivered anywhere in Nigeria. In August 2018 the year we founded BuySmartphones, we applied to register ‘BuySmartphones’ as a trademark in Nigeria. It wasn't accepted. The reason given was that ‘BuySmartphones’ was both descriptive, and consequently not distinctive enough for trademark registration. But because ‘BuySmartphones’ was already at the heart of our branding and marketing campaigns, including domain name Buysmartphones.ng, we continued to use it. ‘BuySmartphones’ is also just one of the brands amongst our other similarly named brands BuyCars, BuyToys, BuyLands, BuyFood, BuyBooks, etc. Why is ‘BuySmartphones’ not registrable as a trademark in Nigeria?

My wedding album and I Part 2: An analysis of the position of Intellectual property rights to Paparazzi photos.




Having written the first article on this topic I had intended to write another article on a second related topic which jumped in my mind, but I allowed laziness and procrastination get the best of me. Now straight to the topic at hand: To who belongs the intellectual property rights to celebrity photos and shot at events or in a public place?

Now to the topic for today which is whether a paparazzi photographer can own the rights to celebrity pictures taken on his own accord. And what is the position where the intellectual property rights infringe on the celebrity’s constitutional rights to privacy.

Social Media Report Of NBA's Query To Aliyu Umar SAN | Paul Usoro SAN



1. My attention has just been drawn to social media reports of this morning on the purported query issued by the NBA to Aliyu Umar, SAN over his prosecution of the Charge against Honorable Mr. Justice Walter S N Onnoghen, the Chief Justice of Nigeria before the Code of Conduct Tribunal. I know nothing of that query, and I did not authorize it. I learnt of it for the first time from the social media reports this morning and promptly called Jonathan Taidi, the NBA General Secretary for confirmation. Jonathan, I must mention, lost his mother only yesterday and is currently in bereavement. I had passed on to him yesterday my personal condolences and the sympathies and regrets of the Bar. Our prayers are with Jonathan and his extended family and for Mama’s repose.

Paul Usoro SAN And NBA's Exemplary Work At #NigeriaDecides2019


The Nigerian Bar Association under the leadership of the Learned Silk, Mr. Paul Usoro SAN, did an amazing job of monitoring the 2019 elections.

2ND Interim Report Of The Nigerian Bar Association Election Working Group On The 2019 Gubernatorial And Houses Of Assembly Elections Which Held on SATURDAY, 9TH MARCH, 2019.



Preamble

The Independent National Electoral Commission (“INEC”) on Saturday, March 9, 2019 conducted Gubernatorial Elections in twenty-nine (29) States of the Federation and also conducted elections into the Houses of Assembly of all the thirty-six (36) States of the Federation. Chairmanship and Councillorship elections for all the six Area Councils in Abuja, Federal Capital Territory (FCT) also took place. The Elections were initially slated for March 2, 2019 but were postponed at the instance of INEC by one week.

Minors in Football in Nigeria: Safeguarding their Rights and Preventing Exploitation

minors in football in Nigeria
Minors in football in Nigeria are part of a global system that is often exploited. In the last two decades, the global appetite for cheap, promising young talented players in football has surged. Consequently, this has led to an increase in the mobility of minors domestically and internationally in pursuit of a professional football career. A record number of 2323 minors were registered with clubs worldwide in 2015  and applications for the registration of young players made to the Fédération Internationale de Football Association (FIFA) reached a new record high of 2648 in 2016.
This high mobility rate of minors within the football industry raises questions about player safety, welfare, and rights.  Unfortunately, the risk of exposure of young players to emotional and physical harm, financial exploitation, and human trafficking football is also becoming more and more widespread due to lack of awareness.

Aviation Cabotage Policy to Resolve Nigeria’s Imbalanced Bilateral Air Service Agreements | Dr. ‘Wole Akinyeye


Imbalance of Nigeria’s Bilateral Air Service Agreements


Aviation Cabotage in Nigeria
Bilateral Air Service Agreements are international trade agreements that permit the airlines of two countries to conduct air transport services between their respective territories. Currently, Nigeria has signed over 80 bilateral air service agreements with various countries, which have largely failed to benefit the country. This position is largely against the principle that multiple benefits are to be derived from such international commercial arrangements, as confirmed in Part 8 of the Nigerian Civil Aviation Policy, 2013, which provides that air service agreements will be premised upon economic considerations and expectations.

The Impact of Constitutional Alterations on the Jurisdiction of the Supreme Court: Supreme Court’s Observation in Shittu Vs. PAN LTD Revisited





INTRODUCTION

The Supreme Court, per Rhodes-Vivour, JSC in Shittu v PAN Ltd 2018 15 NWLR (pt 1642) 195, at 209-210, paras H-B, observed to wit

“I must observe that there is now in existence the 1999 Constitution of the Federal Republic of Nigeria as altered by the First, Second and Third Alterations Acts, 2010. By the alterations, there is no longer Section 233(3) of the Constitution. That is to say, the Supreme Court now can only hear appeals where the ground of appeal involves questions of law. See Section 233(1) and (2) of the Constitution. The Supreme Court no longer has jurisdiction to hear appeals where the ground of appeal involves questions of mixed law and facts. Appeals on grounds of mixed law and facts end at the Court of Appeal.”

Economic Tort of Interference – A Tortious Liability that Could Negatively Impact Business Projections | Kofo Olabalu



The tort of interference is one of the most unpopular tortious liabilities which players in the business world must be careful of. In simple terms, it means the intentional interference with contractual or business relations.

Generally, the law of Torts enforces the breach of a duty imposed by law, to protect the interest of an affected person. Torts range from Trespass to person, Negligence, Nuisance which are the more common tortious liabilities. However, there are a number of tortious liabilities that are not quite popular.

Cryptocurrency and Government Regulation in Nigeria | Bisi Akodu (Mrs.)




Cryptocurrnecy in Nigeria is one of the major off shoots of the Technology wave that has changed the Nigerian business landscape.

Technology has since, the last century seen a high permeation in all sectors of the global economy. To be seen as a cutting edge solution provider, individuals in the corporate world must be technology savvy or “techy”. Competition is now more than ever, based on the application of technology such that to move your business to the next level, you need to be tech-involved.

Mar 8, 2019

Legalnaija Tip - What Is A Non - Compete Agreement



From @aoc.legal -  Executing a Non - Compete Agreement can save your business from exploitation by partners or employees.
Some important points in the agreement include -

Happy International Women's Day 2019


Women are the largest untapped reservoir of talent in the world. - @hillaryclinton .

We celebrate women all over the world #internationalwomensday

Mar 7, 2019

Impact Of Technology On Employment In Nigeria | Adeyemi O. Owoade, ESQ





Technology has and continues to impart all aspects of human existence. Work and Employment are no exceptions. Since the Industrial Revolution, Employment, and the complexities of the Work Place have evolved severally and systemically. In recent times, work has shifted from the conventional skill and labour orientation to a more sophisticated technical orientation. This shift is substantially due to the impacts of modernization and improvements in technology. This technology infusion in workplace has generally affected affairs and interactions.

Mar 6, 2019

Quick Review Of The CBN’s Anti-Money Laundering/Combating The Financing Of Terrorism (Aml/Cft) Policy And Procedure Manual | B.K. SAKA





INTRODUCTION

The Central Bank of Nigeria (CBN) introduced new rules to prevent money laundering in the country called the Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) Policy and Procedure Manual (“The Manual”) just last month (February 2019), with the aim of further achieving its mandate as set out in the Central Bank Act 2007 (as amended). Within the scope of the Anti-Money Laundering/ Combating the Financing of Terrorism (AML/CFT) Policy and Procedure Manual, Money laundering is “the act of directly or indirectly concealing or disguising any fund or property that is derived from the proceeds of an unlawful activity. Simply put, it is the process by which “dirty” money is made to look legitimate or “clean” so that funds may be used freely without any trace of its illicit source”.

Mar 4, 2019

Impact of Pornographic or Sensual Advertisements on the Consuming Populace| Akpan, Emaediong Ofonime *


The spate of pornographic advertisement is on the increase today due to the fact that sex is being used as a tool to sell almost anything.  The constant bombardment of the advertising medium with sensual females and males support a growing trend of stereotypes that views women as sex tools to be toyed with. On the other hand, the child consumer is exposed to images that stir precocious erotisation.  

Mar 1, 2019

90 Young Lawyers enter 2nd Edition of Babalola’s Law Dictionary Quiz Competition.


At the close of entry into the 2nd edition of the Babalola’s Law Dictionary Quiz Competition, a total of 90 young lawyers across the federation have signified their interest to compete for various prizes in the competition which holds in Lagos on the 7th day of June 2019.