• Conducting Opposition Proceedings at Nigeria's Trademark Registry: Jurisdictional and Adjunct Issues

    Conducting Opposition Proceedings at Nigeria’s Trademark Registry: Jurisdictional and Adjunct Issues

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    Dr 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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  • An Overview of the Legal and Economic Implications of Nigeria's Execution of the African Continental Free Trade Area (AfCFTA) Agreement

    An Overview of the Legal and Economic Implications of Nigeria’s Execution of the African Continental Free Trade Area (AfCFTA) Agreement

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    Uche Val Obi SAN of Alliance Law Firm Lagos Nigeria, in his article, An Overview of the Legal and Economic Implications of Ngeria’s Execution of the African Continental Free Trade Area (AfCFTA) Agreement comprehensively reviews the AfCFTA Agreement brokered by the African Union and adopted by 44 of its 55 member states on 21 March 2018. The AfCFTA aspires to enhance Africa’s participation in the global economy by increasing intra-African trade flows and attracting foreign investment. The promise that AfCFTA represents, when fully operational, is that it would become the world’s largest free trade area by the number of countries, and in the not-too-distant future, by trade as well. Val Obi SAN examines what AfCFTA portends for the economic prosperity of its signatories and the operational challenges that member countries must grapple with to achieve a safe berth at the desired harbour. He proposes a road map for dealing with the multifarious challenges that currently confront the agreement.

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  • Date Format: A Rare Headache in the Construction of Contractual Documents

    Date Format: A Rare Headache in the Construction of Contractual Documents

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    Mujib Jimoh, Associate at Banwo & Ighodalo Lagos Nigeria, in his article, Date Format: A Rare Headache in the Construction of Contractual Documents, observes that when parties enter into a contract, and it is evidenced in a written document, they usually focus more on other contractual terms and pay little attention to the date format on the contract. Construing dates on documents may prove very difficult if parties do not realise that there are different date formats. An email which directs a party to carry out a contractual obligation may be dated 03/05/2008. This date is subject to different interpretations and liability may be created for a party if a particular interpretation is adopted, rather than the other. This situation played out in the Nigerian case of Hassan Taiwo V. Stanbic IBTC. Mujib examines the date formats in different jurisdictions, the effects of indiscriminate use of date on contracts, and the approaches to be adopted in construing dates on contractual documents.

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  • Locus Standi and Public Interest Litigation in Environmental Matters in Nigeria: Lessons from Centre for Oil Pollution Watch V Nigerian National Petroleum Corporation

    Locus Standi and Public Interest Litigation in Environmental Matters in Nigeria: Lessons from Centre for Oil Pollution Watch V Nigerian National Petroleum Corporation

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    Joseph Mbadugha of McCarthy Mbadugha & Co Lagos Nigeria, Visiting Professor of Lazarski University Warsaw, Poland and the Counsel to the Appellant/Plaintiff from the Federal High Court through to the Supreme Court of Nigeria in the case of Centre for Oil Pollution Watch V. Nigerian National Petroleum Corporation takes a second look at the landmark case. In his article, Locus Standi and Public Interest Litigation in Environmental Matters in Nigeria: Lessons from Centre for Oil Pollution Watch V. Nigerian National Petroleum Corporation, Mbadugha notes that sufficient interest’ or ‘injury above other members of the society’, a determinant of locus standi developed in private litigation to ward off meddlesome interlopers, crept into the realm of public interest litigation with the resultant stultifying effect until the Supreme Court expanded the coast in COPW V. NNPC. He reviews decided cases in the evolution of locus standi in public interest litigation and suggests new paths for sustenance and development of public interest litigation and environmental law in Nigeria.

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  • The Construction of Ambiguous Gratuity Provisions: How the National Industrial Court of Nigeria Can Save the Hapless Employee

    The Construction of Ambiguous Gratuity Provisions: How the National Industrial Court of Nigeria Can Save the Hapless Employee

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    Victor Chukwuma of Adekunle Ojo & Associates Lagos Nigeria, in his article, The Construction of Ambiguous Gratuity Provisions: How the National Industrial Court of Nigeria Can Save the Hapless Employee, examines the concept of Gratuity under Nigerian law. Chukwuma considers cases where the gratuity clause in the employment contract was in dispute and suggest mechanisms that may guide the National Industrial Court in resolving ambiguous gratuity clauses in employment contracts.

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  • Labour Outsourcing and Contract Staffing: Analysing the Liabilities of Labour Contractors and End Users under Nigerian Law

    Labour Outsourcing and Contract Staffing: Analysing the Liabilities of Labour Contractors and End Users under Nigerian Law

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    Edafe Ugbeta and Morris Udeh of Aluko & Oyebode in their article, Labour Outsourcing and Contract Staffing: Analysing the Liabilities of Labour Contractors and End Users under Nigerian Law, >observe that generally, parties are bound by their contract, and the law does not permit the courts to alter or rewrite the terms and conditions freely agreed by the parties. However, recent decisions of the National Industrial Court of Nigeria suggest that the court may now hold end-users of labour and parent companies liable to adhere to statutory employment obligations relating to pensions, insurance, tax, health and compensation where the court considers that the labour contractor or subsidiary is a mere sham, agent, tool, or employee of the end-user/parent company for purposes of masking the identity of the real employer.

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  • The National Industrial Court of Nigeria Swimming with the Tide in Ebere Onyekachi Aloysius V Diamond Bank Plc

    The National Industrial Court of Nigeria Swimming with the Tide in Ebere Onyekachi Aloysius V Diamond Bank Plc

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    Professor Israeli Worugji of the University of Calabar, Nigeria and Nheoma Worugji of the Rivers State University, Nkpolu-Oroworukwo Port Harcourt Nigeria, in their article, The National Industrial Court of Nigeria Swimming with the Tide in Ebere Onyekachi Aloysius V. Diamond Bank, note that ordinarily, an employer has the freedom to terminate the employment of an employee upon due notice and regardless of motive. The National Industrial Court of Nigeria (NICN) in a recent decision, however, seems to have limited the employer’s otherwise open-ended power to bring the contract of employment to an end. In Aloysius case, the NICN, relying on international labour standards and its new mandate under the Constitution (Third Alteration) Act, decided that no termination of a contract of employment should take place unless there is a valid reason connected with the capacity or conduct of the employee or based on the operational requirements of the establishment.Professor Israel Worugji and Nheoma Worugji review the Aloysius the case against the background of the common law and statutory provision on termination of employment, the International Labour Organisation’s instruments and international best practices.

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  • The Gravitas Review of Business & Property Law Vol.11 No.2

    The Gravitas Review of Business & Property Law Vol.11 No.2 – Print

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    In this issue of The Gravitas Review of Business & Property Law Vol.11 No.2, there are well researched articles on:

    • Environmental Law
    • Land Law
    • Litigation Practice & Procedure
    • Commercial Law & Practice
    • Corporate Law & Practice
    • Tort Law
    • Insurance Law
    • Intellectual Property Law
    • Taxation
    • Immigration Law
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  • The Gravitas Review of Business & Property Law Vol.11 No.2

    The Gravitas Review of Business & Property Law Vol.11 No.2 – E-Book

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    In this issue of The Gravitas Review of Business & Property Law Vol.11 No.2, there are well researched articles on:

    • Environmental Law
    • Land Law
    • Litigation Practice & Procedure
    • Commercial Law & Practice
    • Corporate Law & Practice
    • Tort Law
    • Insurance Law
    • Intellectual Property Law
    • Taxation
    • Immigration Law
    5,000.00
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  • The Gravitas Review of Business & Property Law Vol.11 No.2

    The Gravitas Review of Business & Property Law Vol.11 No.2

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    In this issue of The Gravitas Review of Business & Property Law Vol.11 No.2, there are well researched articles on:

    • Environmental Law
    • Land Law
    • Litigation Practice & Procedure
    • Commercial Law & Practice
    • Corporate Law & Practice
    • Tort Law
    • Insurance Law
    • Intellectual Property Law
    • Taxation
    • Immigration Law
    5,000.00
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  • Outflux of Stowaways in the Wake of the Covid-19 Pandemic: Nigerian Laws in Perspective

    Outflux of Stowaways in the Wake of the Covid-19 Pandemic: Nigerian Laws in Perspective

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    Michael Ogunjobi, Counsel in the Chambers of Norrison I. Quakers SAN, in his article, Outflux of Stowaways in the Wake of the Covid-19 Pandemic: Nigerian Laws in Perspective, observes that the issue of stowaways is a major headache for the shipping industry. Against the background of the coronavirus pandemic, Ogunjobi comprehensively reviews Nigerian laws, regulations and international instruments on seaport entry and exit requirements, protection, sanctions and prosecution of stowaways.

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  • Legality of the Privatization of Personal Income Tax Collection in Nigeria Appraised

    Legality of the Privatization of Personal Income Tax Collection in Nigeria Appraised

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    Chizoba Okeke-Ogugua, Research Fellow at the Nigerian Institute of Advanced Legal Studies Abuja Nigeria in her article, Legality of the Privatization of Personal Income Tax Collection in Nigeria Appraised, argues that though outsourcing of tax collection, which was rampant in the 1990s due to governments bid to shore up internally generated revenue, had been banned, given the high incidence of tax evasion among taxpayers in the informal sector, there are immense benefits in outsourcing tax collection in order to boost government revenue generation aggressively; with a caveat that measures must be implemented to monitor and supervise the activities of tax consultants or collectors.

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