The LawPavilion Blog - May 27, 2022 May 26, 2022

Whether the Creation of the National Industrial Court is Constitutional

CASE TITLE: YENGE v. PRESIDENT FRN & ANOR (2022) LPELR-57510(CA) JUDGMENT DATE: 27TH APRIL, 2022 PRACTICE AREA: CONSTITUTIONAL LAW LEAD JUDGMENT: STEPHEN JONAH ADAH, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on the validity and constitutionality of the creation of the National Industrial Court. FACTS This is an appeal against the judgment of the Federal High…

Whether a Principal Can Be Bound by Unauthorized Acts of the Agent

CASE TITLE: SALBODI GROUP LTD & ANOR v. DOYIN INVESTMENT (NIG) LTD & ORS (2022) LPELR-57458(CA) JUDGMENT DATE: 28TH APRIL, 2022 PRACTICE AREA: COMMERCIAL LAW (AGENCY) LEAD JUDGMENT: BIOBELE ABRAHAM GEORGEWILL, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Agency. FACTS This is an appeal against the judgment of the High Court of the Federal Capital…

Whether a Body Such as the Hisbah Can Arrest and Investigate a Person Caught Committing an Offence

CASE TITLE: BALA v. STATE (2022) LPELR-57475(CA) JUDGMENT DATE: 6TH MAY, 2022 PRACTICE AREA: CRIMINAL LAW AND PROCEDURE LEAD JUDGMENT: ITA GEORGE MBABA, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION: This appeal borders on the Offence of Rape. FACTS: This appeal is against the decision of the High Court of Kano State, delivered by Justice Aisha R.D. Muhammad. The…

Can a Slogan be Protect by CopyRight

The Recent Stance of the Italian Supreme Court An interesting case recently decided by the Italian Supreme Court (Corte di Cassazione) has focused on whether the slogan “500% FIAT” can be protected by copyright (decision No. 8276/2022, published on 14 March 2022). The dispute was started by the author of the slogan against the Italian carmaker FIAT….

Witness Protection Act: FG May Fly Prosecution Witness Abroad for Safety Reasons

In an effort to protect Nigerians who provide information to security agencies during an investigation and prosecution of offences, the Federal Government has made a provision that allows Nigerians to be kept in foreign countries under witness protection. Similarly, there is a provision that allows foreigners to be kept in Nigeria under witness protection. This…

Understanding the Concept of Domain Names in Digital Transaction

Oyetola Muyiwa Atoyebi, SAN It is believed that an intellectual property right does not protect domain names in the strict sense. Although, the name that makes up the domain name, on the other hand, maybe protected by the appropriate intellectual property rights. Introduction A great example of massive growth experienced in this century is the…

Propriety of Dispensing with the Evidence Act in Judicial Proceedings: A Review of the Appeal Court’s Recent Decision in Victor Adegboye v UBA

By Folabi Kuti SAN Proem The ‘exclusionary’ rules of Evidence have operated as a narrow gate through which pieces of evidence are selectively shut out, save for those which can satisfy its rigorous requirements. To be sure, the rules are well-thought-out and even more thoughtfully ‘borrowed’ from our common law ancestry; ensuring that only evidence…

Must an Application for the Enforcement of Fundamental Rights of an Applicant who Has Been Charged for a Criminal Offence Be Filed at the Same Court He was Charged In

CASE TITLE: PAUL ITEH v. ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) (2022) LPELR-57438(CA) JUDGMENT DATE: 12TH APRIL, 2022 JUSTICES: HAMMA AKAWU BARKA, JCA UGOCHUKWU ANTHONY OGAKWU, JCA BATURE ISAH GAFAI, JCA COURT DIVISION: ABUJA PRACTICE AREA: Constitutional Law- Enforcement of Fundamental Human Right(s) FACTS: The Appellant, who was the Applicant in the High Court of…

Ruling: Justice Ogunjobi Awards N2.5m Cost Against Prof. I.O. Smith SAN [Download]

The certified True Copy of the Ruling delivered by Honourable Justice O. O. Ogunjobi of the High Court of Lagos State in Suit No.: LD/22/2004 (Esther Olufunke Fasesan V. Mr. Adetokunboh Emmanuel & 2 Ors.) awarding cost of N2,500,000 (Two Million, Five Hundred Thousand Naira) against the 1st Defendant’s Counsel Professor I. O. Smith, SAN.

Between Restorative Justice and Damning Consequences: Cost of N2.5m Against Prof. I.O. Smith SAN in View

On Monday, 16th of May, 2022, Honourable Justice O. O. Ogunjobi of the High Court of Lagos State, after delivering a Ruling in an application filed by the 1st Defendant in Suit No.: LD/22/2004 (Esther Olufunke Fasesan V. Mr Adetokunboh Emmanuel & 2 Ors.) awarded a cost of N2,500,000 (Two Million, Five Hundred Thousand Naira)…