Blog - Page 5 of 20 - The Jet Lawyer

Posted on April 8, 2020April 9, 2020 Written By ABUAD Law Review

Coasting Along: Legal Regulatory Issues in Advertising in Nigeria

ABSTRACT

The hidden truth about advertising is that it has taken a different dimension since the beginning of the 21^st century. Traditional means of advertising were usually limited to print media, radio and television ads; these were the primary sources of advertising. Companies placed ads in community papers, local radio stations etc. currently, the avenues for advertisements have grown exponentially. Companies advertise their products through different mediums such as electronic billboards, stadium and sport centre advertisements, super bowl and other sporting/entertainment events ads, social media ads. In as much there is the liberty to advertise, it is paramount to note that there are also legal issues surrounding advertising of products in Nigeria. The paper explores the importance of advertisement as a whole and reviews the legal and regulatory aspects of advertisement in Nigeria. Although there are different sectors which generally make use of adverts such as the telecoms sector, financial services industry etc., particular reference will be given to the hospitality and Fast Moving Consumer Goods sectors in Nigeria and how the law, most especially the National Agencies for Food and Drug Administration and Control (NAFDAC) guidelines regulate what the content of their advertisements is. The paper also focuses on the Advertising Practitioners Council of Nigeria (APCON) which is deemed to be the watch dog for regulating advertisement in Nigeria. However with the recent occurrences and legal cases in the past few years, one begins to wonder the effectiveness of this and similar agencies. The paper further considers the anomaly that is presently with the current structure of the APCON Act, there are no provisions for online advertisers. It may appear that the legislators are not keeping in touch with current realities as online advertising is the most popular/used form of advertisement in Nigeria and indeed globally. The findings and recommendations for the paper is that NAFDAC should create stringent laws to regulate advertisement and also proffer stiffer punishments on those who are still in the habit of advertising food/drug products without the approval of NAFDAC. The APCON Act should also be looked into and amended to cover all forms of advertising activities as its current state deprives the Federal Government of internally generated revenue it would have otherwise earned.

Posted in ABUAD Law Review1 Comment

Posted on April 8, 2020April 9, 2020 Written By ABUAD Law Review

Redefining the Concept of Self-determination in International Jurisprudence: A Review of the Legal Status of Indigenous People of Biafra

ABSTRACT

The political and legal concept of right to self determination remains one of the most fluid and controversial principles of international law. Several questions regarding the concept remain unsettled. For instance, who is entitled to enjoy the right to self determination? What are the modalities for enforcing the right? Can the use of force be applied to achieve the right? Is the right only applicable to colonial territories? Has the UN been consistent in the application of the principles to countries that have gained political independence in recent years? The above puzzle and more shall be examined in this paper with a view to establishing whether the indigenous people of Biafra is entitled to the enjoyment of this right. Accordingly, the purpose of this paper is to x-ray the right to self-determination in its entirety, analyze the classes or categories of people entitled to the right, the mode of implementation of the right, the practice of the UN regarding the concept and to show that the right of the indigenous people of Biafra to enjoy the right is long over due. A universal framework for the enforcement of the right is also proposed. Doctrinal research methodology was applied to justify the conclusion of the writer. Reliance was placed on primary and secondary materials. International legal instruments on the subject matter were considered as primary sources. Articles in journals, text books and internet sources were consulted as secondary materials. Case laws were also assessed to validate the conclusion of the writer.

Posted on April 8, 2020April 8, 2020 Written By ABUAD Law Review

Gas Flaring in Nigeria: an Assessment of Its Environmental and Human Rights Implication

ABSTRACT

Gas flaring is one menace that plagues Nigeria. Gas has been flared continuously for several years because it is cheaper to flare gas because proper infrastructure is not in place to utilize associated gas. Associated gas is gas that is discovered alongside crude oil when a well has been opened. Flaring of gas asides being cheaper is pure waste of natural resources and it also damages the environment and can be considered to infringe on human rights. This paper aims to shed light on the concept of gas flaring and its impact on the environment and human beings at large. In doing so, the legislations that bar and ban gas flaring have been examined pointing out the inadequacies in the laws and what can be done.

Posted on April 8, 2020January 25, 2021 Written By ABUAD Law Review

The Nigerian Educational System: a Legal Perspective

ABSTRACT

The goal of education is not to increase the amount of knowledge but to create the possibilities for a child to invent and discover, to create men who are capable of doing new things. Over the years the Nigerian educational system has fallen in standard and quality. The reoccurring strike actions, the poor state of the teaching facilities and the lack of adequate budgetary allocation for the educational sector are pointers to this fact. According to Transparency International, 30 per cent of Nigerians surveyed said they had paid a bribe in the education sector. Owing to these corrupt and fraudulent activities, only one Nigerian university, the University of Ibadan is among the top 1000 universities in the world. Are there ways in which the Nigerian educational system can be reinstated back to its former glory? In this write up the writer examines inter alia the legal framework, administration, structure, challenges and expounding on various legal opinions as regards the educational system in Nigeria using a doctrinal research methodology. Read More…

Posted in ABUAD Law ReviewTagged Educational system, Legal, Legal framework, Legal opinions, Perspective1 Comment

Posted on April 8, 2020April 8, 2020 Written By ABUAD Law Review

An Overview of the Celebration of Statutory Marriage in Nigeria

ABSTRACT

Statutory marriage is one of the effects of Nigeria’s colonisation. In recent times, it has become quite popular and one of the reasons for this may be because the party who seeks to dissolve it must prove to the court that the marriage has broken down irretrievably. In addition, parties to a statutory marriage feel safer, because in the event of a dissolution, the law makes provisions for custody of the children of the marriage, maintenance and even settlement of property, hence, there is always something to fall back on. A major problem with the celebration of statutory marriage in Nigeria is that most people do not know how it is celebrated properly; in effect there are quite a number of voidable marriages which become legal, upon ratification. Another problem is that a number of sections of the Marriage Act are out-dated, and do not address important issues like marriageable age, a precise definition of marriage in the Nigerian context, which includes polygamous and monogamous marriages. The ultimate objective of the paper is to critically examine the celebration of statutory marriage in Nigeria, in accordance with the provisions of the Marriage Act. In light of this, the paper seeks to analyse the following; the celebration of statutory marriage in Nigeria, formal and essential requirements for the validity of a statutory marriage and give recommendations on a reform of the out-dated Marriage Act.

Posted on April 8, 2020April 8, 2020 Written By ABUAD Law Review

An Evaluation of the Incongruities of Local Government Provisions in 1999 Constitution of Federal Republic of Nigeria: a Counterintuitive Approach to Democratic Governance in Nigeria

Abstract

The constituent of governance regardless of the operative system is the people. Every responsible government must seek to ensure the security welfare of the people across various economic and social classes and this is the primary purpose of the government. Considering that it will be impossible to reach out to every citizen effectively the establishment of a government within various locals was a laudable achievement. Nevertheless, it has been yoked with several constitutional claw-backs which make its functionality, growth and continuity a frustrating process for the local government thereby making it a stooge of state government. This paper examines the various constitutional claw-backs, the functions of the local government and how they have been executed. This paper adopts the doctrinal research methodology. In conclusion the writer makes recommendations on areas of amendment in the constitution to enhance the effectiveness of the constitution.

Posted on April 8, 2020April 8, 2020 Written By ABUAD Law Review

Organ Transplantation and the Law

ABSTRACT

Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This article highlights the history of organ transplantation and how it came about in Nigeria, the laws regulating organ transplantation in Nigeria and the challenges posed by this new modern form of medicinal treatment in a society like Nigeria. This writer has employed the doctrinal method of research in writing this article; by observing articles, online journals, reputable and trusted textbooks to arrive at a conclusion and some feasible recommendations on the subject matter.

Posted on April 8, 2020April 8, 2020 Written By ABUAD Law Review

Right to Inheritance in Nigeria: a Liberation For Widows

ABSTRACT

From the beginning of time, transition from one generation to another has been one of the characteristics of human existence. Such transition includes assets and, in some cases, liabilities which are handed down to the succeeding generations. Generally, the intestate succession under the customary law among the various tribes in Nigeria is full of discrimination, especially to the female gender, adopted children, illegitimate children, among others. This article examined the right Nigerian women have to inherit under the customary/intestate laws of the major ethnic groups (Yoruba, Hausa and Igbo) and sought to bring to light the fact that discrimination of women, for any reason is a breach of their fundamental human right and although laws and statutes are in place, enforceability is still an unsettled problem due to customary laws and beliefs of each community.

Posted on April 7, 2020April 7, 2020 Written By ABUAD Law Review

An Appraisal of the Relationship Between Artificial Intelligence and Intellectual Property Rights

ABSTRACT

This research was carried out to discover if there exists a need to alter the existing intellectual property legislation in Nigeria because of the rise of artificial intelligence. Currently only a human has rights to intellectual property. That is why this is a research of if it could be changed in the future, or if it would be possible to create a legal vicarious effect between Artificial Intelligence (AI) and the owner of that technology to better facilitate works that are created by Artificial Intelligence. The issue is international, and because of that there is a comparison between the European Union (EU) and the United States’ approaches to authorship, copyright and AI, to find out similarities and differences, if those would enable legal co-operation, or if it would prove out to be an impossibility in the current moment. The methods used in the study are qualitative and comparative legal research, based on journal articles and books published by legal scholars. The main results and conclusions that the study draws are, that there exists a need to adapt the existing intellectual property legislation to facilitate computer generated works in the future, and computers ought to be granted a special type of legal authorship, and there are several potential ways of assigning liability over computer generated works, out of which the author sees as the most potential one being using the principles of vicarious liability.

Posted on April 7, 2020April 9, 2020 Written By ABUAD Law Review

The Dissolution of Statutory Marriage in Nigeria: The Need for Reform

ABSTRACT

In Nigeria, the Matrimonial Causes Act makes extant provisions for the dissolution of a statutory marriage. This legislation was enacted in 1970 and has not been made subject to any amendments from then until now. This work seeks to identify the issues with the provisions of the Act in light of the recent social, cultural and economic developments. This work, like Aguda, studies the Act from a socio-legal perspective, taking into cognizance, the social and cultural positions of Nigeria on pious issues like marriage and divorce. In doing so, the work would include recommendations for the amendment of the Act, as it has become ultimately necessary to do so, in the interest of the sanctity awarded to the idea of marriage in Nigeria. Read More…

Posted in ABUAD Law ReviewTagged Criticisms, Dissolution, jurisdiction, Reform, Statutory MarriageLeave a comment