Tag Archives: Arbitration

By: Victory Sarah Opawoye

Mercy and Kelvin entered into a customary marriage in a rural village in South West Nigeria. The marriage was solemnized according to local customs and traditions, with the consent of both families. The couple lived together for three years and had one child during the course of their marriage. After years of seemingly harmonious marriage, disagreements began to emerge between Mercy and Kelvin. The issues ranged from financial matters to differing expectations regarding the roles and responsibilities within the household. Gradually, these disputes escalated, leading to irreconcilable differences between the couple.

Mercy, feeling that the marriage was no longer sustainable, decided to seek a divorce. However, since the marriage was conducted under customary law, the process of divorce was governed by the local customary practices.

A marriage governed by customary law may be ended by the parties without the need for judicial involvement or a court order; in other words, the spouses may choose to divorce without seeking a court order. However, a formal intention act must be made by the spouse who is ready to end the marriage before dissolution can take place. In most traditions, the husband who wishes to dissolve the marriage receives a return of the bride price and other wedding expenses; at this point, the marriage is said to have been dissolved.

It should be mentioned that, according to customary law, the bride money must be returned in order to dissolve a marriage. However, in some customs in Nigeria, a unilateral dissolution of marriage is only permitted for the husband.

OBSTACLES TO FILLING FOR DIVORCE

1. CONDONATION: This argument is made when one of the parties has previously forgiven and chosen to ignore an act and is now laying a complaint. This is regarded as a waiver of the right to sue for such conduct. The following requirements are necessary for condonation:

   a.  A knowledge on the part of the injured party of the facts constituting the cause of divorce.

   b. Reconciliation and remission of the offense by the injured party.

   c. Restoration of the offending party to all marital rights.

2. CONNIVANCE: Connivance is the act of conniving or conspiring, especially with the consent to do a wrongdoing. This implies that where someone knowingly places themselves in a position that could lead to harm, such a person cannot institute an action against the other party. Therefore, an individual will not get a remedy for harm they consented to.

3. COLLUSION: This is an agreement to secretly or illegally carry out actions with intent to deceive. It’s determined by improper motive for divorce between the spouses.

By section 28 of the act, the court may, in its discretion, refuse to make a decree of marriage if since the marriage:

(a) The petitioner has committed adultery that has not been condoned by the respondent or, having been so condoned, has been revived;

(b) The petitioner has willfully deserted the respondent before the happening of the matters relied upon by the petitioner or, where those matters involve other matters occurring during or extending over a period, before the expiration of that period; or

(c) The habits of the petitioner have, or the conduct of the petitioner has, contributed to the existence of the matters relied upon by the petitioner.

Conclusion:

In conclusion, whether divorce is considered a “bad thing” depends on individual perspectives and circumstances. Divorce itself is a legal process that allows individuals to dissolve a marriage when the relationship is no longer sustainable. While it can bring relief from unhealthy or unhappy partnerships, it also involves emotional and practical challenges, especially when children are involved. Some view divorce as a necessary step towards personal growth and happiness, while others may see it as a last resort after exhausting all efforts to salvage the marriage.

The dissolution of marriage in Nigeria involves specific legal processes and grounds. While public opinion on divorce has gradually shifted, societal norms and cultural factors still influence the decision to end a marriage. Understanding the bars to a divorce petition is crucial for those seeking a divorce in Nigeria. Couples contemplating divorce should be aware of the legal implications and requirements to ensure a smooth and just process. It’s essential to consult legal professionals for expert guidance and support during this challenging time.

By: Victory Sarah Opawoye

Introduction:
According to Jake Frankenfield, trade secrets are defined as “any practice or process of a company that is generally not known outside the company.” These trade secrets can be the most valuable assets of a company, unlike patents which can be documented. The significance of trade secrets lies in their secrecy, making it challenging to regulate. Trade secrets protect undisclosed information as long as it holds economic value.
Importance of Protecting Trade Secrets:
The World Intellectual Property Organization (WIPO) highlights several reasons for protecting trade secrets. Firstly, it helps maintain and promote standards of commercial ethics and fair dealing. Secondly, trade secret protection provides an incentive for businesses to innovate by safeguarding the significant time and capital invested in developing advantageous innovations, especially those that are not patentable or do not merit the cost of patenting. Lastly, it prevents competitors from using these innovations without shouldering the costs and risks associated with their development.
Qualifications for Trade Secret Protection:
For a business to qualify for trade secret protection, certain criteria must be met. Firstly, the information must be a secret and have potential commercial value. Secondly, the holder of the trade secret must have taken reasonable steps to ensure its confidentiality. According to Article 39 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS), trade secrets are classified as undisclosed information that needs protection as long as the following conditions are met: (i) the information is not generally known or easily accessible to those dealing with similar information, (ii) it holds commercial value due to its secrecy, and (iii) reasonable steps have been taken by the lawful owner to maintain its confidentiality.

Types of Trade Secrets:
Trade secrets encompass a wide range of information, including software algorithms, invention designs, ingredients, devices, methods, formulas, processes, and any other confidential business information that provides a competitive advantage. Unlike other forms of intellectual property, trade secrets do not require procedural formalities for protection and can be safeguarded for an extended period.

Examples of Trade Secrets:
Notable examples of trade secrets include the Google Search Algorithm, which undergoes regular updates to ensure system security, Coca-Cola’s Formula, and McDonald’s Big Special Sauce. These trade secrets represent critical assets for the success of these companies.
Trade secrets play a crucial role in businesses by safeguarding valuable and undisclosed information. By protecting trade secrets, companies can maintain their competitive advantage and prevent unauthorized use of their innovations. Understanding the importance of trade secret protection is essential for businesses operating in Nigeria’s intellectual property landscape

By: Victory Sarah Opawoye

The World Intellectual Property Organization (WIPO) defines intellectual property as “creations of the mind inventions, literary works, symbols, names and images used in commerce”. Intellectual property also refers to any intellectual creation, such as literary works, artistic works, inventions, designs, symbols, names, images, computer code, etc.

 The purpose of intellectual property is to safeguard the individuals who create various works, such as literary and artistic works, and it encompasses aspects such as copyrights, patent and trademarks.

Frequently Asked Questions (FAQ)

At What Point should I Safeguard my intellectual property?

When something new is created, it must be protected by the owner of such assets. For example, there was a cease-and-desist notice from the creator of the “ELLU P” slogan to the general public in a bid to enforce his intellectual property rights (IPR).

WHY SHOULD I PROTECT MY IP?

Although it might be said that it is not compulsory, protecting your IP is a necessity. Imagine pitching your idea to an investor, the idea is turned down, reformed and stolen from you, without any credit or your consent. How do you enforce your IP right?

Intellectual property protection gives you exclusive rights to your works and a right of redress where there is a violation. While researching, I came across a famous IP case, Waymo LLC v. Uber Techs., Inc. – No. C 17-00939 WHA, 2017 U.S. Dist. LEXIS 73843 (N.D. Cal. May 11, 2017).

Waymo is the self-driving car unit under Google’s parent company Alphabet. It started in 2009 as Google’s self-driving car project and broke off from Google in late 2016. Anthony Levandowski, the central figure in this lawsuit and the man accused of stealing trade secrets, was a co-founder of Waymo and worked on the project as a technical lead. Levandowski left Waymo in 2016 to found Otto, a start-up company focused on self-driving trucks, which was acquired by Uber in August 2016. The controversy in these cases arises from Waymo’s claim that, shortly before he left Waymo, Levandowski downloaded more than 14,000 files related to Google’s self-driving car technology. Allegedly, Uber proceeded with the acquisition of Otto with full knowledge of these files and with the express intention of using that intellectual property in their own self-driving technologies, a theory which is supported by the fact that Uber indemnified Levandowski for intellectual property claims as part of the acquisition.

Waymo accepted a settlement offer from Uber. Uber agreed to a financial deal that includes 0.34% of Uber equity at a $72 billion valuation.[i]

What are trade secrets?

Trade secrets are business practices, formulas, designs or processes, recipes used in a business. E.g Coca-Cola formular

BENEFITS OF INTELLECTUAL PROPERTY PROTECTION

1.     Copyright gives authors, performers, producers, artists, writers, designers, cinematographers a right to obtain economic reward for their creations, inventions, ideas, and works.

2.     It can help turn ideas into profit making businesses. Intellectual property rights can help you generate business through the licensing, sale and even commercialization of the products and services protected under IPRs. This will ultimately improve the market share and helps in raising profits. Having registered and protected intellectual property rights can also raise the business’ value in case of sale, merger or acquisition.

3.     IP can be used to attract investors and can be used as a security. A patent for an invention can be used as a collateral or security.

4.     It creates an identity for your business. Every business has its uniqueness which is vital to the business as it distinguishes your products from those of other brands and promote them to reach the target audience.

5.     When your IP is protected, you can exercise the right to institute an action in court against any individual, company, or group of individuals infringing on such rights.

6.     Protecting IP will also ensure no one claims your work and ideas for their ideas own benefit without requisite consent.

The major reason for Intellectual Property Law is to encourage the creation of a wide variety of intellectual goods and services for consumers. To achieve this, the law gives people, and businesses the right to information and intellectual goods they create.

By: Victory Sarah Opawoye

The question of whether the Supreme Court of Nigeria has jurisdiction to entertain and determine the naira redesign suit to restrain the Central Bank of Nigeria from effecting its February 10 deadline on naira swap have been viewed from different perspectives by lawyers, legal analysts and experts. What exactly is the position of the Nigerian Law and does the Supreme Court have authority to make decisions on naira redesign?

What is Jurisdiction?

In law, Jurisdiction is the authority of a court to hear and determine cases. This authority is derived from the constitution. It is the right and power to interpret and apply the law.[1]

It is very vital and essential in any judicial system to ascertain the power of a court to determine a cause of action presented before it. Where a decision is reached and the court without jurisdiction of a court it is void ab initio, in other words of no legal effect.

In a recent case of GTB v. Toyed (Nig) Ltd & Anor (2016)2 the Nigerian

Court of Appeal, per Ndukwe-Anyawu, J.C.A restated the elementary law thus:

The law is well settled and it no longer admits of any argument

that jurisdiction is the very basis and the life wire of every matter

and on which any Court tries or hears a case. It is, metaphorically

speaking, the life blood of all trials, whether it be at the Court of

trial or on appeal, and without which

In a recent case of GTB v. Toyed (Nig) Ltd & Anor (2016)2 the Nigerian

Court of Appeal, per Ndukwe-Anyawu, J.C.A restated the elementary law thus:

The law is well settled and it no longer admits of any argument

that jurisdiction is the very basis and the life wire of every matter

and on which any Court tries or hears a case. It is, metaphorically

speaking, the life blood of all trials, whether it be at the Court of

trial or on appeal, and without which

In a recent case of GTB v. Toyed (Nig) Ltd & Anor (2016)2 the Nigerian

Court of Appeal, per Ndukwe-Anyawu, J.C.A restated the elementary law thus:

The law is well settled and it no longer admits of any argument

that jurisdiction is the very basis and the life wire of every matter

and on which any Court tries or hears a case. It is, metaphorically

speaking, the life blood of all trials, whether it be at the Court of

trial or on appeal, and without which all such trials and hearings

are a nullity notwithstanding how well or meticulous such a

In a recent case of GTB v. Toyed (Nig) Ltd & Anor (2016)2 the Nigerian

Court of Appeal, per Ndukwe-Anyawu, J.C.A restated the elementary law thus:

The law is well settled and it no longer admits of any argument

that jurisdiction is the very basis and the life wire of every matter

and on which any Court tries or hears a case. It is, metaphorically

speaking, the life blood of all trials, whether it be at the Court of

trial or on appeal, and without which all such trials and hearings

are a nullity notwithstanding how well or meticulous such a

In GTB v. Toyed (Nig) Ltd & Anor (2016), the Nigerian Court of Appeal, Per Ndukwe- Anyawu JCA stated thus;

         “The law is well settled and it no longer admits of any argument

          that jurisdiction is the very basis and the life wire of every matter

          and on which any court tries or hears a case. It is metaphorically speaking,

          the life blood of trials, whether it be at the court of trial or on appeal,

         and without which all such trials and hearings are a nullity,

         notwithstanding how well or meticulous such a trial or proceeding

         had been conducted or how sound or profound the resultant judgment. It is  

        simply a nullity.”[2]

The Supreme Court has original jurisdiction on legal disputes between States or between States and the Federal government. Section 232 of the constitution provides that:

     (1) The Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between the Federation and a state or between states if and in so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.

  (2) In addition to the jurisdiction conferred upon it by subsection (1) of this section, the Supreme Court shall have such original jurisdiction as may be conferred upon it by any Act of the National Assembly.

This case is a legal dispute between the states and the federal government and as such it invokes the original jurisdiction of the Supreme Court. It refers to the authority to hear cases that are brought directly to it. The Supreme Court provided the following guide for determining whether a court has jurisdiction. Hon. Justice Bairaman (FJ) while delivering the lead judgment in Madukolu v. Nkedilim (1962) 1NWLR 589, stated;

“put briefly a court is competent when

1. The court is properly constituted as regards numbers and qualifications of the members of their bench, and no member is disqualified for one reason or another and
2. The subject matter of the case is within its jurisdiction, and there is no feature in the case which prevents the court from exercising its jurisdiction and
3. The case comes before the court initiated by due process of law, and upon fulfillment of a condition precedent to the exercise of jurisdiction. Any defect in competence is fatal, for the proceedings are a nullity, however well conducted and decided: the defect is extrinsic to its adjudication.

On February 8 2023, the Supreme Court suspended the CBN’s deadline following an order challenging the CBN’s directive. This matter revolves around currency and regulation, which falls within the exclusive list of the Federal Government.

In the suit, Kogi, Kaduna and Zamfara urged the Supreme Court to grant an interim injunction stopping the federal government either by itself or through the Central Bank of Nigeria, commercial banks and its agents from effecting the deadline of naira swap. They also challenged the demonetization policy of the federal government on the basis that it is not in accordance with the Nigerian constitution and Section 20(3) of the CBN Act, 2007;

     “(3) Notwithstanding subsections (1) and (2) of this section, the bank shall have power, if directed to do so by the President and after giving reasonable notice on that behalf, to call in any of its notes or coins on payment of the face value thereof and any note or coin with respect to which a notice has been given under this sub-section, shall, on the expiration of the notice, cease to be legal tender, but, subject to the section 22 of this Act, shall be redeemed by the Bank upon demand.”[3]

In other words, the CBN has a mandatory duty to redeem the old notes when presented to them or presented to the bank. The deadline stipulated by the CBN was not feasible. About 3 trillion naira of the old notes in circulation was deposited to the banks; however, less than half a trillion was only made available by the CBN.

The court held that the president failed to meet with the federal executive council to discuss the economic and security implications of the policy and did not have any form of consultation with stakeholders in the Nigerian economy. Although this is not expressly required by the constitution, the Supreme Court opined that such consultations “is inherent in the idea of a federation in a democracy”. The president breached the constitution in the manner he issued the directive banning the old notes from February 10.

Conclusively, the judgment of the Supreme Court has given the citizens hope that the rule of law still applies. In furtherance of the Supreme Court order the CBN disclosed on March 3rd 2023 that the old notes will remain legal tender till December 31st 2023. The decision of the Supreme Court is final and binding on the CBN being an agency of the Federal Government. In a democratic society, when the apex court has decided on an issue of law everybody or entity is bound by it.

What are your views?

[1] Horvath, E. (2022) Why the dark life is not the high life in god, emeryhorvath.com. Available at: https://www.emeryhorvath.com/s9-027-why-the-dark-life-is-not-the-high-life-in-god-podcast/ (Accessed: March 30, 2023).

[2] Tide, T. (2020) Jurisdiction, :::…The Tide News Online:::… Available at: http://www.thetidenewsonline.com/2020/04/08/jurisdiction/ (Accessed: March 30, 2023).

[3] Trustedadmin (2023) The Supreme Court decision on the old naira note and the enforcement, The Trusted Advisors. Top tier Law firm in Lagos Nigeria. Available at: https://trustedadvisorslaw.com/the-supreme-court-decision-on-the-old-naira-note-and-the-enforcement/ (Accessed: March 30, 2023).

By: Ifunnya Denye Anyene

Hospitals are complex organizations that require careful planning and management to ensure their success. When setting up a hospital, it is essential to involve a lawyer from the inception to provide legal guidance and support. In this article, we will examine why a lawyer should be involved in the setting up of a hospital from its inception.

Legal Requirements for Hospital Formation

The formation of a hospital is a multifarious process that involves numerous legal requirements. Hospitals must comply with federal and state regulations, as well as local zoning laws. Particularly setting up a private hospital in Nigeria can be a bit tasking considering the regulatory requirements and specifications of the different regulatory bodies that oversee medical practice in the country.

Hospitals must also establish legal structures that define their ownership and management. This includes creating a board of directors, developing bylaws, and establishing policies and procedures. Failure to comply with legal requirements can result in penalties and fines, as well as legal liability for the hospital and its owners. This is where a lawyer steps in. By hiring a lawyer when setting up a hospital, the hospital is able to be aware of all legal requirements and comply with them.

Role of a Lawyer in Hospital Formation

A lawyer can play a critical role in the formation of a hospital from its inception. Lawyers specializing in healthcare law have the expertise and experience necessary to navigate the complex legal requirements involved in hospital formation. They can help hospitals establish legal structures that comply with federal and state regulations and protect the hospital’s interests. Here are some key reasons why lawyers are important in the process of starting a hospital:

1. Legal Compliance: Lawyers that specialize in health care law are well-versed in healthcare laws and regulations. They help navigate the complex legal landscape and ensure that the hospital meets all the necessary legal requirements, such as obtaining licenses, permits, and certifications. Compliance with healthcare regulations is essential to avoid penalties, legal disputes, and reputational damage.

2. Contract Drafting and Review: Hospitals engage in numerous contracts with various stakeholders, including vendors, suppliers, healthcare professionals, insurers, and government agencies. Lawyers assist in drafting and reviewing contracts to safeguard the hospital’s interests, negotiate favorable terms, and ensure compliance with applicable laws. They help protect the hospital from potential legal disputes arising from contract breaches or disagreements.

3. Liability and Risk Management: Healthcare facilities face potential liabilities and risks associated with patient care, medical malpractice, employee actions, privacy and data protection, and more. Lawyers work to minimize these risks by developing comprehensive risk management strategies, ensuring proper insurance coverage, and advising on legal protocols to protect patients, staff, and the hospital.

4. Medical Malpractice Defense: Hospitals are at risk of medical malpractice claims, which can be costly and damaging to their reputation. Lawyers specialized in medical malpractice defense can provide guidance on risk prevention, handle malpractice lawsuits, represent the hospital in court, and work towards a fair resolution.

5. Regulatory Compliance and Accreditation: Hospitals must adhere to various regulatory frameworks and accreditation standards to maintain quality patient care. Lawyers help hospitals understand and comply with regulations imposed by government agencies, such as healthcare licensing boards, the National Agency Food and Drug Administration and Control (NAFDAC), the National Centre for Disease Control (NCDC), and others. They assist in responding to audits, investigations, and compliance inquiries.

6. Employment and Labour Law: Hospitals have complex employment structures with various healthcare professionals, administrative staff, and support personnel. Lawyers provide guidance on employment law matters, including contract negotiations, employee benefits, labour disputes, disciplinary actions, and compliance with anti-discrimination laws.

7. Intellectual Property Protection: Hospitals may engage in research, develop new medical technologies, or create unique treatment methodologies. Lawyers specializing in intellectual property can help protect these innovations by securing patents, trademarks, copyrights, and trade secrets. They ensure that the hospital’s intellectual property rights are safeguarded and prevent unauthorized use or infringement.

8. Regulatory Changes and Legal Updates: Healthcare laws and regulations are subject to frequent changes. Lawyers stay updated with evolving legal requirements and assist hospitals in adapting to new regulations. They help interpret and implement legal changes, ensuring ongoing compliance and reducing legal risks.

Lawyers can also play a crucial role in advocating for patients’ rights and ensuring their interests are protected when a hospital is being established. Here are some ways in which lawyers can help patients during this process:

1. Patient Rights and Informed Consent: Lawyers can assist in ensuring that patient rights are upheld during the establishment of a hospital. They can review and advise on policies and procedures related to patient care, privacy, and informed consent. Lawyers can help develop protocols that prioritize patient autonomy, informed decision-making, and protection of sensitive health information.

2. Accessibility and Non-Discrimination: Lawyers can advocate for patients’ rights to access healthcare services without discrimination. They can help ensure that the hospital complies with laws and regulations related to accessibility for individuals with disabilities, language services for non-English speakers, and compliance with anti-discrimination laws. Lawyers can also address issues related to equitable healthcare delivery and fair treatment for all patients.

3. Patient Advocacy and Dispute Resolution: Lawyers can act as advocates for patients who may face challenges or disputes during the establishment of a hospital. They can help patients voice their concerns, navigate grievance procedures, and seek resolution for any disputes related to patient care, billing, or quality of services. Lawyers can represent patients in negotiations, mediation, or legal proceedings if necessary.

4. Privacy and Data Protection: With the increasing use of electronic health records and digital healthcare systems, patient privacy and data protection are critical concerns. Lawyers can ensure that the hospital implements robust privacy policies and safeguards patient data in compliance with applicable laws, such as the Health Insurance Portability and Accountability Act (HIPAA) or other data protection regulations. They can also advise patients on their rights regarding the collection, use, and disclosure of their health information.

5. Medical Billing and Insurance: Lawyers can assist patients in understanding medical billing practices, insurance coverage, and resolving disputes related to billing and reimbursement. They can review billing statements, negotiate with insurance providers, and help patients navigate complex insurance policies. Lawyers can also provide guidance on potential financial assistance programs or resources available to patients.

6. Medical Malpractice and Patient Safety: In the establishment of a hospital, lawyers can work to ensure that patient safety measures are in place and that the hospital adopts best practices to prevent medical errors and negligence. They can assist patients in cases of medical malpractice, helping them understand their rights, gathering evidence, and pursuing legal action if necessary.