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Conducting Opposition Proceedings at Nigeria’s Trademark Registry: Jurisdictional and Adjunct Issues
0₦2,500.00Dr Judedavid Mbamalu, Managing Partner Jumbo Chambers, in his article, Conducting Opposition Proceedings at Nigeria’s Trademark Registry: Jurisdictional and Adjunct Issues, posits that Trademark Opposition proceedings conducted at the Trademarks Registry in Nigeria by officers of the Registry other than the Registrar, seem to be the norm in disregard of the relevant provisions of the Trade Marks Act 1965 which reposes the jurisdiction to conduct such proceedings in the Trademarks Registrar only. Dr Mbamalu reviews the decision of the Federal High Court in Caporn Industries Limited V. Registrar of Trademarks and concludes that a complaint against trademark infringement, predicated on an unregistered trademark, ought to be ventilated at the Federal High Court rather than using Opposition proceedings at the Trademarks Registry as a short cut to pursue such claims.
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Constitutionality of Interlocutory Appeal Provision Under Appellate Courts’ Practice Directions
0₦2,500.00Dr Judedavid Mbamalu, Managing Partner, Jumbo Chambers, in his article, Constitutionality of Interlocutory Appeal Provision Under Appellate Courts’ Practice Directions, explains that Practice Directions direct the practice of the court in a particular area of procedure of the court. He examines whether the power ceded to the Chief Justice of Nigeria and the President of the Court of Appeal under the Constitution to legislate Rules of Practice and Procedure of the courts within their sphere, licenses the jurists to create a new genre of a right of appeal not donated by the Constitution or a Statute? He critiques the appeal provisions of the Nigerian Constitution and the Rules of Procedure of our appellate Courts. He posits that the insertion of interlocutory appeal, as one of the matters to which our Court Rules apply, is not supported by the Constitution, which birthed appeal proceedings.
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Contract Management and Disputes Avoidance in the Nigerian Construction Industry
0₦2,500.00Doyinsola Kazeem of the African Finance Corporation and a postgraduate student of Construction Engineering at the University of Cambridge, and Ibrahim Haroon, Associate at G. Elias, in their article, Contract Management and Disputes Avoidance in the Nigerian Construction Industry, observe that the construction industry in Nigeria has been growing at a breakneck pace. A significant impediment to growth in the industry is the rising number of disputes. Practitioners struggle with avoiding disputes at the three stages of construction: pre-contract, contract and post-contract. There are proven toolkits that can assist with dispute avoidance in the construction industry in Nigeria. Kazeem and Haroon focus on mechanisms and toolkits that practitioners can adopt to avoid disputes in the Nigerian construction industry.
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Contractual Documentation in Project Finance and the Need for Connectivity
0₦2,500.00Abimbola Oluwasuyi of NHS London United Kingdom, Olusegun Onakoya of the Faculty of Law University of Ibadan Nigeria, and Olusegun Gbede of the School of Business & Law, University of East London United Kingdom, in their article, Contractual Documentation in Project Finance and the Need for Connectivity, stress the importance of several contractual agreements to the success of a Project. They note that the agreements set out the duties and obligations of different parties at different stages of Project Finance. They examine the different types of agreements, their role, their impacts on project finance, and the importance of coordination among parties involved at all stages of the project to ensure its success.
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Conviction without a Chemist’s Report: A Review of Nkie v FRN
0₦2,500.00Dr Moses Ediru, of the Faculty of Law, Benue State University in his article “Conviction Without a Chemist’s Report: A Review of Nkie v FRN“, argues that in the trial of drug possessory cases, where the offence is one constituted by expert evidence, presentation of a Chemist’s Report is imperative. In the case under review, the appellant was charged, tried and convicted based on the outcome of a preliminary colour test conducted by the arresting NDLEA officials using the United Nations Narcotics Identification Testing kits. The suspected substance was not analysed at the NDLEA Laboratory and a Chemist’s Report issued pursuant to the analysis, in proof of the nature of the suspected substance. The article argues that the offence being one constituted by expert evidence according to the National Drug Law Enforcement Agency Act, the leaning of the Supreme Court on the appellant’s confessional statement and plea of guilty in affirming his conviction and sentence without due regard to the scientific proof of the nature of the substance possessed rendered the conviction and sentence unlawful.
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Copyright Choice of Law and Jurisdiction in the Digital Age
0₦2,500.00David Ike of the Imo State University in his article, “Copyright: Choice of Law and Jurisdiction in The Digital Age”, argues that the internet is a legal and jurisdictional “no-man’s land”. He reviews international conventions and treaties on copyright disputes, and concludes that the existing legal framework for deciding jurisdiction and choice of law rules (domestic laws and international instruments on copyright, and private international law rules), are ill-fitted to respond to the needs of copyright infringement on the internet.
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Copyright Piracy in Nigeria: Untying the Gordian Knot
0₦2,500.00Geoffrey Adonu, Counsel, Probitas Partners LLP in his article, “Copyright Piracy in Nigeria: Untying the Gordian Knot”, notes that piracy is a monstrous impediment that has stunted the growth of the copyright industry. The consequential effects include loss of investment in the entertainment sector, loss of revenue for authors and the government, and discouragement of creativity. Adonu reviews the state of copyright protection in Nigeria, piracy and infringement of copyright works, and, borrowing from international best practices, the response mechanisms that can be employed in tackling piracy which he likens to the proverbial Gordian knot.
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Corporate Insanity as a Defence to the Crime of Tax Evasion: Untying the Knotty Legal Issues in the Criminal Liability of Corporations
0₦2,500.00Odubunmi Olagoke in his article “Corporate Insanity as a Defence to the Crime of Tax Evasion: Untying the Knotty Legal Issues in the Criminal Liability of Corporations” explores the various theories of criminal liability and consider, from a distillation of the principles, the defence of Corporate Insanity to a crime of tax evasion.
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Corporate Liquidation and the Effect on Employment Contracts: The Supreme Court Setting the Tone in Gbedu v Itie
0₦2,500.00Sixtus Iwuoha, Associate at Banwo & Ighodalo in his article, Corporate Liquidation and the Effect on Employment Contracts: The Supreme Court Setting the Tone in Gbedu v Itie discusses the effect of a compulsory and voluntary winding-up of a company on employment contracts of workers in his review of the epoch-making decision of the Supreme Court in the case of Gbedu v Itie.
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Counting the Cost and Consequences: Lessons for Nigeria from Canada, South Africa, and the UK, on Small Companies’ Income Tax Rates
0₦2,500.00Stanley Omotor, senior consultant at KPMG Law LLP Canada, a law firm affiliated with KPMG LLP Canada, in his article, Counting the Cost and Consequences: Lessons for Nigeria from Canada, South Africa, and the UK, on Small Companies’ Income Tax Rates, examines the small companies zero corporate income tax (CIT) rate in Nigeria, in comparison with similar tax incentives existing in Canada, South Africa, and previously in the United Kingdom. Omotor shows that contrary to reasons often canvassed by policymakers for introducing zero and low CIT rates, evidence shows that the implications of such CIT rates often defeat the purpose for their introduction because such CIT rates result in unintended consequences to the tax system by encouraging tax arbitrage behaviours and inappropriate tax avoidance arrangements. Drawing from the experiences of other countries, Omotor posits that it is not a good idea to provide zero CIT rates for small businesses in Nigeria, given its severe implications for the Nigerian economy.
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Criminal Liability of Corporations for Bribery in Nigeria: Lessons from USA and UK
0₦2,500.00Dr Akeem Bello of the Department of Public Law, University of Lagos in his article “Criminal Liability of Corporations for Bribery in Nigeria: Lessons from USA and UK” examines Nigerian law on bribery and posits that there is no specific legislation designed to criminalise corporate bribery. He examines the criminality of ‘Facilitation Payment’ and ‘Corporate Hospitality’ and recommends that expanding the scope of bribery offences to cover all “persons”irrespective of whether they are public, private sector officials or corporate entities will strengthen the law on bribery in Nigeria.
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Critical Issues in Nigerian Property Law
0₦2,500.00Tony Odiadi, Visiting Scholar, Georgetown University Law Center, Washington DC, reviews the book, “Critical Issues in Nigerian Property Law” edited by Professor Amos Utuama, SAN. He gives an expansive commentary on the various topics treated by eminent authors and concludes that the book is a fitting and significant dedication to the memory of Professor Jelili Omotola, SAN in whose honour the book was put together.
