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Legal Profession in a Digital Era: Balancing Tradition and Transformation
0₦2,500.00Traditional legal practice had revolved around a physical office, complete with bookshelves filled with law reports, a typewriter, stationery, and professional robes. Beyond the office, the lawyer’s operations were within the sphere of the courts and associated legal drafting. That was the third world, fast receding. Today, it is rare to find a law office without a computer and a printer. Even young lawyers without these, resort to business centres. The advent of the internet and modern telephony has exposed individuals and corporations to an admixture of freedom of expression and data breaches. Legal transactions are now carried out on phones and tablets with unimaginable speed and efficiency. Digital law reporting is fast obliterating the need for physical law reports. Furthermore, the incursion of artificial intelligence into the execution of legal jobs has opened new horizons in the practice of law. Professor Joseph Abugu, SAN, in his article, Legal Profession in a Digital Era: Balancing Tradition and Transformation, reviews and extols these developments and points out the trajectory of legal practice and its frontiers. Abugu extols legal practitioners to quickly adapt to the changing landscape to ensure relevance and maintaining the role of the legal profession in the modern society.
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Legal Protection of Plant Varieties and Breeders’ Rights in Nigeria
0₦2,500.00Dr. Christopher Ilori of the Department of Crop Protection and Environmental Biology, University of Ibadan, and Dr. Afolasade Adewumi of the Department of Jurisprudence & International Law, University of Ibadan in their article, Legal Protection of Plant Varieties and Breeders’ Rights in Nigeria consider Intellectual Property Rights in the context of protection of plant varieties and breeders’ inventions. They analyse the nature and the need to protect plant varieties, the Nigerian and international legal regimes for the protection of plant varieties and breeders’ rights including a discussion of plant varieties protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights, TRIPs.
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Legal Trends in Intellectual Property Licensing
0₦2,500.00John Onyido, Partner, SPA Ajibade & Co in his article, “Legal Trends in Intellectual Property Licensing”observes that the monetisation of intellectual property rights through licensing or through outright transfer for valuable consideration is one of the more important ways in which IP rights holders derive significant benefits from their creative. John reviews the various forms of IP licensing, assignments, some rudimentary clauses in licensing transactions, the limits/boundaries of licensing, implied licenses, exhaustion of IP rights, the first sale doctrine and the role of standards in licensing transactions, among others. He considers select local and foreign judicial authorities on the scope and efficacy of the licensing process while providing valuable guidance on how to more effectively structure the operative terms of a licensing agreement in order to accomplish the objectives of the parties.
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Legality of the Privatization of Personal Income Tax Collection in Nigeria Appraised
0₦2,500.00Chizoba 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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Legislative Initiatives for Enhancing E-Commerce in Nigeria
0₦2,500.00Ibrahim Shehu of the Faculty of Law, Usmanu Danfodiyo University, Sokoto in his article “Legislative Initiatives for Enhancing E-Commerce in Nigeria” considers some laws that impact on e-commerce in Nigeria. He argues that though there is no substantive legislation in Nigeria primarily dealing with e-commerce or its numerous variants, the Evidence Act 2011 has proven monumental in the development of e-commerce essentially in the admissibility of computer generated documents and recognition of electronic signatures. He examines some bills considered by the Seventh National Assembly which may remind the present Assembly of what needed to be done.
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Liberalisation of Incorporation Process: An Evaluation of the Degree of Awareness of the Corporate Form by Promoters and Managers of Small Companies in Nigeria
0₦2,500.00Professor Pereowei Subai, Mark Amakoromo and Professor Damfebo Derri, in their article, Liberalisation of Incorporation Process: An Evaluation of the Degree of Awareness of the Corporate Form by Promoters and Managers of Small Companies in Nigeria, query the liberalisation of the incorporation process that has led to a proliferation of small companies. Backed by a field study, funded by the Tertiary Education Trust Fund (TETFUND), the authors postulate that despite some general awareness by promoters of the basic implications of incorporation, the degree of unawareness by proprietors on its different aspects of corporate personality is not insignificant. Further, the study confirms the general lack of compliance by small companies with company legislation in Nigeria. These findings form the basis for recommendations to the effect that the company form should be ‘reserved’ for medium to large businesses. Furthermore, small businesses should be encouraged to operate through alternative business forms such as Limited Liability Partnerships, Limited Partnerships, unincorporated partnerships and sole proprietorships. This would enable the Corporate Affairs Commission to strengthen the regulation of fewer entities. At the same time, state government regulators should be authorized to regulate smaller entities – a role for which they are better suited.
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Limitation of Action for Enforcement of Contractual Rights Under Nigerian Law
0₦2,500.00Dr Gogo Otuturu, Senior Lecturer at the Faculty of Law Niger Delta University Wilberforce Island Nigeria In his article, Limitation of Action for Enforcement of Contractual Rights Under Nigerian Law, takes a tour of the Nigerian legal landscape to ferret out limitation of action in different contractual situations. Otuturu explores the limitation of action under general statutes, special statutes, simple and special contracts. He considers the accrual of a cause of action, postponement of limitation period, and concludes that the general limitation period for some actions are too short. He recommends that like the Employee Compensation Act 2010, all statutes of limitation should confer a discretion on judges to take into consideration the existence of special circumstances to extend the limitation period in appropriate cases.
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Limitation of Liability in Maritime Claims in Nigeria
0₦2,500.00Oluseye Opasanya SAN, and Yusuf Ganikale, Deputy Managing Partner and Associate respectively at Ajayi LP in their article, Limitation of Liability in Maritime Claims in Nigeria, note that to protect biliathe maritime industry against crushing claims and overwhelming damages that might be awarded against shipowners, the law permits shipowners to limit their liability rather than be subjected to hefty damages resulting from their maritime adventure. They review the provisions of the Merchant Shipping Act 2007 which domesticated the Convention on Limitation of Liability for Maritime Claims, 1976 and its amendment Protocol of 1996, Protocol to Amend the Convention on Limitation of Liability for Maritime Claims, 1976. They distinguish between limitation and liability proceedings, persons who may limit their liability, claims which are subject to limitation, conducts which may defeat limitation and creation of a Limitation Fund.
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Limitation Period and Award: The Challenge with Computation of Time
0₦2,500.00Joseph Mbadugha, SAN, Visiting Professor of International Arbitration, Vilnius University, Lithuania and Principal, McCarthy Mbadugha & Co confronts a daunting issue in “Limitation Period and Award: The Challenge with Computation of Time.” He argues that as the courts have been strict in holding that, in enforcement of arbitral award, limitation period runs from the date of accrual of the original cause of action in the arbitration agreement and not from the date of the arbitral award, there could be two ways of enforcing an arbitral award with two distinct ticking clocks: enforcement of an award as a judgment of the court and enforcement as a breach of implied promise to perform a valid award. In the former, time begins to run from the date of accrual of the original cause of action that gave rise to the arbitration, while in the latter, time runs from the date the award debtor refused to perform the award.
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Limitation Period for the Enforcement of Arbitration Award in Nigeria: The Imperative for Change
0₦2,500.00Ifeanyi Ebokpo, Principal Partner, Ebokpo & Adedayo & Co Abuja Nigeria in his article,Limitation Period for the Enforcement of Arbitration Award in Nigeria: The Imperative for Change, examines the several modes and mechanisms for the recognition and enforcement of arbitral awards in Nigeria. He posits that the current position of the law on when time starts running for the enforcement of arbitral awards fails to take into cognizance the inherent dilatory processes in Nigerian justice delivery system. He advocates a change in the law so that the obvious drawback will not stunt the growth of arbitration.
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Lis Pendens and Insecurity of Title to Land in Nigeria: A Call for Legislative Intervention
0₦2,500.00Is a sale transaction pendente lite void or voidable? Gbenga Ojo, Lecturer, Lagos State University, and Kanyinsola Ojo, Partner, Gbenga Ojo & Co, in their engaging article, “Lis Pendens and Insecurity of Title to Land in Nigeria: A Call for Legislative Intervention”, review Supreme Court decisions on the nature of title transferred during litigation. They argue that the legal immunity given to a bona fide purchaser for value without notice, and the indefeasibility of title conferred on a purchaser under the (repealed) Registration of Title Law (now replaced by the Land Registration Law of Lagos State, 2015) will not avail a purchaser pendente lite. They call for compulsory registration of pending litigations on land, as done in some other jurisdictions, to serve as notice to prospective buyers, and reduce insecurity of title.
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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
0₦2,500.00Joseph 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.
