Professional Expertise - The LawPavilion Blog

Admissibility of Improperly Obtained Evidence

1. The Law in Nigeria Relevant Statutory Provisions Section 14 Evidence Act 2011 Evidence obtained – improperly or in contravention of a law; or in consequence of an impropriety or of a contravention of law, shall be admissible unless the court is of the opinion that the desirability of admitting the evidence is out-weighted…

Artificial Intelligence and Its Inherent Human Rights Implications

By Oyetola Muyiwa Atoyebi, SAN, FCIArb. (UK). What is Artificial Intelligence? Artificial Intelligence (AI) is the ability of a digital computer or computer-controlled robot to perform tasks commonly associated with intelligent beings. Artificial intelligence (AI) is also “human intelligence or behaviour demonstrated by machines”. In practice, an AI is a computer program (software). Pattern recognition,…

Assuming Section 84 of the Sheriffs and Civil Process Act, 2004, Was Validly Made by the Legislature

By: Hameed Ajibola Jimoh Esq. The issue of delay tactics undertaken by the government, the government’s agencies and the Central Bank of Nigeria to deny a judgment creditor the fruits of his judgment is well known in garnishee proceedings (even in fundamental rights cases) after a Court of law has given judgment in favour of…

Setting Up a Compliance Framework as a Start-Up

By Oyetola Muyiwa Atoyebi, SAN, FCIArb. (UK). INTRODUCTION In July 2022, two (2) Nigerian businessmen were jailed for breaking Anti-Money Laundering laws in the United States of America. Anslem Oshionebo and Opeyemi Ode, CEO and COO respectively of Fintech start-up, Ping Express, both recently received 27-month prison sentences for intentionally transferring criminal proceeds. The above…

The Doctrine of Exhaustion of Rights in Trademark

By Emmanuel Otumala Intellectual property rights are monopolistic in nature and a right holder has the exclusive right to use and exclude others from using the trademark as well as the right to introduce it to the market in return for payment. This means that any form of usage without the license of the holder…

What Is the Metaverse? Coming to Terms with Its Legal Implications

By Oyetola Muyiwa Atoyebi, SAN, FCIArb. (UK). While the metaverse can take numerous forms, presence, interoperability, and standardization are three fundamental features. The first and most important factor is presence, which refers to the sensation of actually being in a virtual world with virtual others. Decades of research has demonstrated that having a sense of…

Pre-Trial Diversion from Criminal Proceedings: The Need for Legal Frameworks in Nigeria

The criminal process or criminal proceedings, without a doubt, comprises the arrest, prosecution, conviction, and sentencing of offenders, with varied punishments meted out to them. Thus, the goal of criminal law is to punish offenders, which is why those found guilty are sentenced to prison or death, depending on the circumstances. Furthermore, in order to…

Pre-Election Matters Under the New Electoral Dispensation Simplified

George Olatunde Babalola,SAN, FCARB Meaning of Pre-Election Matters Election litigation is bound to occur in an electoral process. This is because, before every General Election is conducted in Nigeria, the Political Parties are required by law to conduct internal primary elections to nominate candidates that will represent them at the election. Disputes often arise from…

Court Rules That NBC Can’t Regulate Advertising In Nigeria

The Federal High Court sitting in Lagos has held that the Nigerian Broadcasting Commission (NBC) acted beyond its powers in seeking to regulate the practice of advertising in Nigeria contrary to the provisions of the extant Advertising Practitioners (Regulation) Act of 2004. The court also declared that NBC lacks the power to prohibit exclusivity on…

Section 84(12): Appraising the Validity Tussle between the Nigerian Constitution and the Electoral Act

By Onifade Adeolu Introduction Recently on May 20 2022, the national Assembly was reported to have pressured president Buhari on signing the amendment of Section 84(8) of the electoral act, which some analyst have described as a way of altering the electoral process in the middle of the game. This simultaneously is followed by the…