Law Corner with Amaka Ezeno, MCLArb, 08037413906

A COPYIST CANNOT ENJOY COPYRIGHT

By Amaka Ezeno, MCLArb, Copyright infringement is an endemic in Nigeria. Recently, Carter Efe and Berry Tiga had a fallout over their copyright in ‘Machala’, a  song which is an ode to Wizkid. In fact, Spotify and Apple Music removed the song once the dispute started. The intellectual property of writers, performers, composers, broadcasters, photographers, architects, filmmakers, etc, are subjects ...

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STRICT LIABILITY OFFENCES

By Amaka Ezeno, MCLArb, The concept of Strict Liability means being legally responsible for the consequences of one’s actions or activity, even in the absence of fault or intent. In other words, it is a liability accruing to the defendant though he may not have intended to do or produce the consequence of his action. It is enough that he ...

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NEGLIGENCE

By Amaka Ezeno, MCLArb, It is the law of God that a man should love his neighbour. Quite contrarily, the law of man does not necessarily require that we should love, but that we should not cause harm to another. Negligence is one of the many civil wrongs with a considerable number of suits in our courts. Interestingly, many persons ...

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THE DISTINCTION BETWEEN DISCHARGE AND ACQUITTAL: A CASE STUDY OF THE FGN AGAINST MAZI NNAMDI KANU

By Amaka Ezeno, MCLArb The Office of the Attorney General of the Federation and Minister of Justice has received the news of the decision of the Court of Appeal concerning the trial of Nnamdi Kanu. For the avoidance of doubt and by the verdict of the Court, Kanu was only discharged and not acquitted. The decision handed down by the ...

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THE LAW AND YOUR MARRIAGE: Enticement and harbouring

By Amaka Ezeno, MCLArb Harbouring and enticement are actionable torts. Section 126 of Torts Law of Anambra State, Volume 9 of The Revised Laws of Anambra State of Nigeria, 1991 declares, “An action in tort for damages shall lie against a person who without lawful justification or excuse induces one spouse to leave the other or to remain away from ...

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BREACH OF PROMISE TO MARRY

By Amaka Ezeno, MCLArb Marriage, in our society, is one of life’s ultimate goals. So, it deserves all the ‘God when?’. It is even more exciting when it’s in view- promise to marry. There’s more joy in expectation, after all. A young man and woman are in love; they relish the joy of being married someday. In this hope, a ...

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MERCHANTABILITY: MARKET AND THE LAW

By Amaka Ezeno, MCIArb The term ‘Merchantablilty’ could be said to be a portmanteau of merchantable and quality. Merchantable simply means saleable and fit for the market. Quality, on the other hand, is an inherent feature of a thing, say a commodity like rice. According to the Black’s Law Dictionary,   merchantability means that the article sold shall be of the ...

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WHAT ARE THE GENERAL PRINCIPLES OF LAW GOVERNING CORRESPONDENCE IN BUSINESS TRANSACTIONS?

By Amaka Ezeno, MCLArb, A business transaction is an accounting term that relates to the events that occur with third parties (i.e., customers, vendors, etc.), having monetary value and having tangible economic value to the company’s economy as well as impacting the financial position of the company. Some business transactions are entered into through oral communication including voice notes while ...

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WHETHER THE POSSESSION OF A PASSPORT OR ITS WITHDRAWAL HAS ANY RELEVANCE TO THE CONSTITUTIONALLY GUARANTEED FREEDOM OF MOVEMENT

By Amaka Ezeno, MCLArb, It is of common and general knowledge in Nigeria, of which courts have taken judicial notice thereof, that there has been an alarming increase in the seizure of Nigerian Passports of citizens by officials of State Security Services (SSS). Most of us are aware that there is the inscription at the back of the Nigerian passport ...

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WHETHER THE FATHER OF A LEGITIMATE CHILD OR LEGITIMATED CHILD HAS ABSOLUTE RIGHT TO CUSTODY OF THE CHILD(REN) UNDER CUSTOMARY LAW?

By Amaka Ezeno, MCLArb It is apposite to discuss the position of the law on the right to custody of children of a marriage in situation where the said marriage has broken down, the husband and wife (father and mother) are no longer living together and one of the parties has or both of them have filed for dissolution of ...

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