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The Right to Privacy as a Human Right in Nigeria and Consideration of Class Suits as an Enforcement Option
0₦2,500.00Uche Val Obi SAN, Managing Partner, Alliance Law Firm, in his article, The Right to Privacy as a Human Right in Nigeria and Consideration of Class Suits as an Enforcement Option, notes that the growing sophistication of information technology with its capacity to assemble, evaluate and distribute information on individuals has introduced a sense of urgency to the demand for legal frameworks surrounding these phenomena. He argues that it has then become essential for jurisdictions worldwide to recognise and treat information privacy as a human right. Val Obi, SAN analyses the jurisprudential basis of privacy as a human right, constitutional and extant legislation on protecting and redressing privacy rights infringement in Nigeria. He highlights Class Action as a means of enforcement of privacy rights while identifying its inadequacies under the Nigerian Constitution and the entire legal framework.
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The Gravitas Review of Business & Property Law Vol.12 No.4 – Print
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.12 No.4, there are well researched articles on:
- Investments & Securities Law
- Banking Law
- Litigation Practice & Procedure
- Environmental Law
- Labour & Employment Law
- Intellectual Property
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The Gravitas Review of Business & Property Law Vol.12 No.4 – E-Book
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.12 No.4, there are well researched articles on:
- Investments & Securities Law
- Banking Law
- Litigation Practice & Procedure
- Environmental Law
- Labour & Employment Law
- Intellectual Property
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The Gravitas Review of Business & Property Law Vol.12 No.4
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.12 No.4, there are well researched articles on:
- Investments & Securities Law
- Banking Law
- Litigation Practice & Procedure
- Environmental Law
- Labour & Employment Law
- Intellectual Property
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An Appraisal of the Impact of Intellectual Property Rights on Small and Medium-Sized Enterprises
0₦2,500.00Regina Onwumere and Richman Thommanuel, both of Aluko & Oyebode, in their article, An Appraisal of the Impact of Intellectual Property Rights on Small and Medium-Sized Enterprises, indicate that small and medium-sized enterprises (SMEs) are fast becoming the largest employers of labour all over the world. Where the intellectual property (IP) associated with the goods or services produced by SMEs are not duly protected under the relevant intellectual property laws, the IP rights may end up being exploited by third parties to the detriment of the true owners. Against this backdrop, the authors highlight the growing importance of SMEs globally, the importance of IP rights protection to SMEs and the commercialisation of SMEs’ IP assets vis-a-vis the legal implication where SMEs IP rights are not protected under the relevant IP laws.
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Public Awareness as a Tool for Environmental Rights Enforcement in Nigeria
0₦2,500.00Dr Gina Elvis-Imo and Nitoni Lawson, Associate Professor and Lecturer respectively, at the Niger Delta University, in their article, Public Awareness as a Tool for Environmental Rights Enforcement in Nigeria, discuss the significance of public awareness in addressing environmental challenges by examining the nexus between lack of public awareness in environmental matters and breach of human rights to a clean environment. They argue that human rights issues related to environmental protection will be undermined if adequate efforts are not put towards creating public awareness in environmental matters. Creating public awareness on environmental matters would awaken more awareness of the need to use judicial measures to redress and protect the environment. They then proffer solutions to expand the frontiers of access to available environmental information, public participation in environmental decision-making, and access to justice.
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An Examination of the Criminal Liabilities of Doctors in the Nigerian Healthcare System
0₦2,500.00Dr Moses Ediru, formerly of Benue State University, and Ogaga Ediru in their article, An Examination of the Criminal Liabilities of Doctors in the Nigerian Healthcare System, comprehensively examine the criminal liabilities of doctors and how doctors could be made accountable for criminal acts or omissions done while discharging their duties. The authors consider liability for criminal negligence, murder, manslaughter, illegal abortion, and offences under the National Health Act. They also consider defences that are available to a doctor.
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Udeogu v FRN: The Need to Revisit the Provisions of Section 396(7) of ACJA 2015
0₦2,500.00Simeon Okoduwa and Theophilus Ochonogor of the Alliance Law Firm, in their article, Udeogu v FRN: The Need to Revisit the Provisions of Section 396(7) of ACJA 2015, note that the decision of the Supreme Court which declared section 396(7) of ACJA, 2015 as inconsistent with the 1999 Constitution and therefore void needs to be revisited. The Section provides that a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge to conclude any part-heard criminal matter pending before him at the time of his elevation. Okoduwa and Ochonogor argue that if the imperatives of deepening access to justice and unburdening the pressure of the business of courts are to be attained, the Section needs to be retained.
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The Supreme Court Decision in Ajibode v Gbadamosi on the Manner of Signing Legal Documents: Adding Salt to Injury or a Return to Status Quo
0₦2,500.00Dolapo Olutayo of the Lead City University and Oluwadamilare Adeyemi of Adeleke University, in their article, The Supreme Court Decision in Ajibode v Gbadamosi on the Manner of Signing Legal Documents: Adding Salt to Injury or a Return to Status Quo, review the decision of the Supreme Court that an originating process or any court process signed other than by a legal practitioner is void and of no effect. The decision in Ajibode is contrary to the Supreme Court’s earlier decision in Heritage Bank v Bentworth where it held that failure to object to such a process at the earliest opportunity amounts to waiver, and the court will treat same as a mere irregularity. Olutayo and Adeyemi raise the question: is Ajibode a return to the status quo of Nweke v Okafor or only adds to the quandary of conflicting decisions on the issue?
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Pre-Emptive Remedies for the Preservation of the Res: An Appraisal of Enforcement Challenges
0₦2,500.00Dr Muiz Banire, SAN, Principal Partner of MA Banire and Associates, in his article, Pre-Emptive Remedies for the Preservation of the Res: An Appraisal of Enforcement Challenges, notes that the Lagos High Court (Civil Procedure) Rules 2012 introduced the pre-emptive remedy provisions, targeting preservation of the res pending the formal commencement of a suit and to prevent rendering litigations nugatory. Dr Banire interrogates the nature, essence, and challenges of pre-emptive remedies and provides workable recommendations addressing the challenges bedevilling the operation of pre-emptive remedies in the civil litigation system.
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The Employer’s Unshifting Duty to Provide Work: Nigerian Law through the Eyes of Chinonye Amanze v Union Bank
0₦2,500.00Gladys Eyongndi, Legal Officer Bowen University, and John Ebokpo of EAC Legal, in their article, The Employer’s Unshifting Duty to Provide Work: Nigerian Law through the Eyes of Chinonye Amanze v Union Bank, laud the decision of the National Industrial Court that the employer has to provide work always. The practice of financial institutions saddling employees with deposit targets as a prerequisite for continued employment is an abdication of that duty, as the employee never has to go looking for work to sustain the business of the employer. Eyongndi and Ebokpo examine Nigerian law on an employer’s duty to provide work and the challenges facing employees in relation to the employer’s duty.
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Banker’s Order: An Examination of the Liabilities for Wrongful Dishonour of Cheques
0₦2,500.00Michael Ogunjobi, of the Chambers of Norrison I. Quakers SAN, in his article, Banker’s Order: An Examination of the Liabilities for Wrongful Dishonour of Cheques, flays the practice by which Police Officers ‘freeze’ bank accounts acting on the so-called Banker’s Order’ issued by Magistrates. Ogunjobi examines the legality of the Banker’s Order, the bank’s customer’s liability for a dishonoured cheque and the reliefs the customer may pursue against the bank for a dishonoured cheque.
