Ethics - The LawPavilion Blog

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….

Whether Section 8(8) of the NBA Constitution is Self-Executing on Loss of NBA-NEC Membership (Part 1)

By Sylvester Udemezue INTRODUCTION The present commentary represents my humble, personal opinion on whether or not provisions of section 8(8) of the Constitution of the Nigerian Bar Association (NBA), 2015 are self-executing. MEANING OF “SELF-EXECUTING” According to Cornel University’s Legal Information Institute, self-executing is used to refer to something or a provision that goes into…

The Use of ‘On’ Or ‘About’ in a Criminal Charge: Meanings, Implications and Qualifications in a Criminal Case

By: Hameed Ajibola Jimoh Esq. It is common in a criminal charge for the prosecution to frame a charge as follows using the words ‘on’ or ‘about’: for instance ‘”1st Count: That you, (1) Michael Akpegher (M) (2) Moavega Igba (M) on or about 19th October 2002 at about 17 00hrs along Gungur-Agia Road, Koshinsha…

Conflicting Ex-Parte Orders of Different Courts in Nigeria

Conflicting Ex-Parte Orders of Different Courts in Nigeria: My Humble Recommendation from the Bar as a Lasting Solution! By: Hameed Ajibola Jimoh Esq. There have been occasions in the Nigerian legal system or the court system to say where a court would make an order in an ex-parte way most especially by means of an…

Ethical Considerations of the Sins of Counsel – Part II

by Oluwanonso In this edition of this Ethical consideration of the Sins of the Counsel in litigation matters series, I will examine the ethical considerations of any Counsel who is blamed by his former employer for failing to carry out the instruction of filing a notice of appeal within the time prescribed by the law,…

Ethical Considerations of the Sins of Counsel – Part I

by Oluwanonso INTRODUCTION In my first series, I examined conflict of interests in litigation and the ethical obligations of every legal practitioner in Nigeria and reviewed the case of Agamore Energy Ltd v Essar Exploration & Production Ltd, where multiple parties have conflicting or divergent interests, the case of Samtech (Nig) Ltd & Anor v. Sanni &…

Liability of Celebrities That Engage in Business Promotion

By Omoruyi Edoigiawerie & Nonso Anyasi As the world evolves, there has been a gradual change in the way products and services are being marketed and sold. Brands, Companies now use popular celebrities as ambassadors with the hope that the reputation of the celebrity endorser of the brand will be passed on to the products…

On Your Fingertips: Simple Principles on How to Endorse Court Processes

Many funny practices occur in chambers when we want to file legal documents. Especially when counsel is racing against time to make the filings. A recurring mistake I have observed from going through years and years of law reports is a failure to properly endorse, sign or frank court processes. Let me quickly share some…

EFFECT OF FAILURE OF A LEGAL PRACTITIONER TO SIGN A WRIT OF SUMMONS

CASE TITLE: FAOBO & ANOR v. NDUKWE & ANOR (2019) LPELR-48560(CA) JUDGMENT DATE: 30TH SEPTEMBER, 2019 PRACTICE AREA: CIVIL PROCEDURE LEAD JUDGE: IBRAHIM SHATA BDLIYA, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on Civil Procedure. FACTS This is an appeal against the judgment of the Kwara State High Court of justice in suit No: Kws/73/2017, delivered…

Protect Your Intellectual Property in 6 Steps

Content is the lifeblood of information based business, particularly the legal profession. You get to show the world your expertise through content delivery. Content also gives your brand its voice and brings in your business income. It obviously deserves protection. But given the realities of the internet’s ‘sharing economy’, how do you manage the protection of…