Professional Expertise - The LawPavilion Blog

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…

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…

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)…

The Impropriety of Sections 137(3) and 182(3) of the Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration, No 16) Act, 2017

By Akintayo Balogun Esq. The latest amendments to the Constitution of the Federal Republic of Nigeria, which introduced Sections 137(3) and 182(3) of the Constitution amongst others, have raised clouds of dust in the current political dispensation in Nigeria. The amendment which for this article will be referred to as ‘additions’ to the Constitution went…