Nigerian Institute of Advanced Legal Studies Academic Directorate Journals
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Legal regime for computer software Protection in Nigeria
No full textOne issue that is frequently debated amongst computer industries and law-making bodies around the world is how adequately can the law provide protection for computer programme users and those developers who invest time, money and skill in devising computer programmes. Legal protection for both computer programme users and developers can come under two distinct areas of law to wit: Contract and Intellectual Property. This article notes that Nigeria has a growing market for software products, and there is an increased need for this technological tool for businesses to adapt to market changes, augment business processes, increase productivity, and boost efficiency and speed in customer service delivery. Software products are valuable intellectual property assets and due to the competitive nature of the software industry, the article argues that it requires adequate protection to enable software developers to maximize the benefits of their work and prevent unauthorized exploitation by third parties. The article concludes that software rights are protectable under intellectual property law in Nigeria through copyright, patents, trademarks and trade secrets
Revocation of statutory right of occupancy and demolition of private property in Nigeria
No full textThe provision of land is essential for the economic and social development of every society. The Nigerian Land Use Act 1978, has vested land in the territory of every state on the state Governor, to hold in trust and administer for the benefit of all Nigerians. Among the powers conferred on the Governor under section 28 of the Act, is to revoke the SRO of a holder on certain grounds, which includes overriding public interest. However, there is a growing practice of revocation and immediate demolition of immoveable properties of holders of SRO, in various states of Nigeria on the instructions of respective Governors. Even in cases, where there is no law that provide for the demolition, or in violation of subsisting court orders, restraining the state Governors from doing so. Data collection was done using desk based research, consisting of literature and online resources were systematically analysed. It was concluded that there is need to amend the LUA, and ensure that the person whose SRO is revoked, should be given adequate time to seek legal redress, before his property is demolished. “Where officials of Government act with brazen impunity without consideration of the rule of law and peace. Human satisfaction will disappear and chaos and jungle justice will become the norm
The Nigerian copyright act 2022: an overview
No full textThe copyright-based industry in Nigeria is a significant contributor to the country's economy. With the growth of the industry on an ever-increasing pedestal, it became necessary for the lawmakers to make improvements in the laws protecting the industry. The just repealed Copyright Act, which was enacted in 1970 was becoming somewhat obsolete especially in light of modern trends and the digital revolution, especially as modern occurrences have led to a more digitised community for creatives. The new Copyright Act was enacted to address this weakness and it sufficiently improves on the old law. This article analyses the just enacted Copyright Act and discusses key additions and/or new provisions introduced by the Act in the protection of copyright in Nigeria. It finds that the new Act sufficiently improves on the old law. As such, creatives would have more reliance and trust in this current legal regime which would in turn lead to further growth in the creative industry
Electoral justice vs. Legal justice in Nigeria: do the waters Mix?
No full textThe much-anticipated 2019 General Elections have come and gone winners have been declared by the electoral umpire [INEC] and given certificates of return, save for one particularly flamboyant politician in the Southeast1 whose certificate of return is being withheld by INEC on account of the alleged unorthodox way his emergence as senator-elect was procured. As has become a recurring decimal in Nigeria’s election trajectory, losers are headed in their droves to the various election tribunals in a frantic bid to reclaim alleged stolen mandates. 
Human rights considerations in investigating and prosecuting Cybercrimes and other threats to national security in Nigeria
No full textOver the decades, the internet had grown from a platform that connected users world-wide to one which integrated computer technology into products that had hitherto functioned without it, such as cars, buildings, military operations and logistics. This article asserts that computer technology has contributed to positive developments in terms of improvement and ease in activities of daily life, while the negative side of it affects society through the gradual movement from conventional crimes to new forms of crimes some of which are likely to threaten national security. The internet, artificial intelligence and other Information and Communication Technology (ICT) applications now have the potential to harm individuals and society in new and critical ways such as its use for economic sabotage, espionage, terrorism, sexual exploitation of minors and electronic fraud. The objective of this article is to discuss human rights and its impacts on the investigation and prosecution of cybercrimes. The article applied the doctrinal methodology to discuss human rights considerations in the investigation and prosecution of cybercrimes. It raised some questions, one of which is “whether compliance with the constitutional provisions on human rights in the course of investigating cybercrimes and indeed other crimes impede national security?” The article affirms that human rights are complementary to investigations and national security as both are mutually exclusive especially considering that the overriding basis of the criminal justice process including investigation is anchored on fairness and justice. The article also found that some of the challenges in the investigation and prosecution of these crimes include the fact that investigators and prosecutors are not conversant with the technology which threatened national security or those used in committing the crimes alleged, they therefore rely on outdated methods of investigating conventional crimes such as house breaking and armed robbery, while also applying illegal detention, torture and other coercive methods to get evidence from offenders rather than rely on specific data-related or forensic investigation techniques in such cases. The article recommended continuing education and best practices in human rights protection, forensic and electronic evidence gathering techniques for criminal justice institutions in the field of cyber security
OHADA and the harmonisation process amidst covid-19: Some important considerations for member states and Companies
No full textThe covid-19 pandemic apart from being a health pandemic is being considered an economic pandemic because it has become one of the most serious threats to enterprises, businesses and international trade witnessed in recent times. The closing of frontiers and restrictions from travelling imposed by OHADA member states to contain the spread of the virus has affected business within this zone hence influencing the harmonisation of these laws. In these circumstances, how can companies limit disappointments and ensure their survival after covid-19? Uncertainty about this disease has affected stocks and future markets have suffered too much loss. Meanwhile, global economic forecasts are being reassessed and downgraded to account for the loss in trade and income to businesses resulting from the pandemic. This article suggests some salient considerations for OHADA so that its objective of harmonisation and modernisation of commercial laws in Africa be attained even with the presence of covid-1
The uncertainty poised by ‘double-deck’ marriage in Nigeria
No full textThe two major systems of marriages operating in Nigeria are the statutory and customary law marriages. It is a common practice for most Nigerians to contract a statutory marriage after having married under the customary law. The Marriage Act permits this trend. This type of marriage is termed a ‘double-deck’ marriage. It has been observed that this seemingly harmless permission to contract a subsequent statutory marriage leaves in its wake some fundamental uncertainties that usually arise in the course of the marital relations of the couple. The paper observes that these uncertainties centre around determining which of the legal systems (statutory and customary systems) is superior to the other in cases where both clashes. In other words, there is the confusion as to the true status of a couple who contracted both marriages given the fact that both marriages are governed by different systems of laws operating within Nigeria. The paper in analysing these issues, examines the co-existent and conversion theories of a double-deck marriage in line with the provisions of the Marriage Act and some landmark cases. The paper finds that there is no issue, of superiority or inferiority of any of the legal systems, but rather that the Marriage Act strives to put orderliness and certainty with regards to which of the legal systems should govern a particular marriage relationship between spouses whenever marital issues arise
Privacy and data protection in the digital age: does Nigeria Need a data protection law?
No full textOur vulnerability from a privacy and data protection standpoint is no doubt amplified in the digital age. As our information is increasingly being collected, processed and stored electronically the need to protect our personal information has become ever more critical. The absence of a specific law in Nigeria on data protection, results in varying standards of applicable rules, which poses a threat to our right to privacy as guaranteed under the Nigerian Constitution. This article aims to review the current legal and regulatory framework for privacy and data protection in Nigeria with a view to address the inherent gaps and make recommendations for reform in light of modern-day realities. The article attempts to do so by drawing on international and regional best practices, as well as lessons learned
Interrogating the pre-appropriation spending framework as a Good governance and anti-corruption instrument
No full textThis paper interrogates section 82 of the Constitution of the Federal Republic of Nigeria 1999 in relation to the power of the President to authorise pre-budgetary allocation. The paper recognises this is an often glossed over provision in scholarly works on appropriation powers in Nigeria. It however, remains a provision capable of abuse or used to undermine legislative powers of the purse of the National Assembly. Constitutional democracy does not contemplate the President having arbitrary budgetary powers. The appreciation of this limit can best be ensured by adequate scholarly discourse and setting out the limits. In meeting this purpose, this paper adopts a doctrinal approach and normative analysis to examine the coherence of this provision with principles of accountability and constitutional democracy. The paper finds that section 82 is a strict provision well intentioned to ensure continuance of government services. It has in-built conditions to ensure that it is not breached. These conditions are rarely expounded upon by scholars. Thus, this paper contributes to an exposition on an otherwise generally popular but in details obscure provision on pre-budgetary authorisation. The obscure aspect includes the strict conditions for the exercise of the power. The paper thus initiates a needed discourse on the limits of presidential powers in Nigeria vis a vis the legislative power of the purse as a tool for ensuring good governance while avoiding corruption
Arbitration as a mechanism for resolving domestic tax Disputes: the path to a legal regime in Nigeria
No full textNigeria is among countries that forbid the submission of tax disputes to arbitration. There are therefore a plethora of judicial authorities that have maintained this position. This article has critically examined the Nigeria position and found that the exclusion of tax disputes from arbitration in Nigeria cannot be supported by any statutory provision as the list of issues that cannot be arbitrated over under the Arbitration and Conciliation Act does not include tax disputes. Again, the Supreme Court has also listed disputes that cannot be submitted to arbitration. It has been shown that tax disputes are not listed among them. The article further found that it is a legal summersault for the courts to hold that arbitration of tax disputes is an infringement on Section 251(1) of the Constitution of the Federal Republic of Nigeria, 1999 which vest exclusive jurisdiction in such matters on the Federal High Court but has proceeded to maintain that the Tax Appeal Tribunal which is not a court for all purposes has jurisdiction to hear and determine tax disputes. Drawing from the experiences of jurisdictions like South Africa and India, where experts determine tax disputes, the paper advocates for a legal framework for arbitration of tax disputes to ensure their quick and accurate resolution by tax experts outside the court system