DEPARTMENT OF LAW

The relevance of Intellectual Property protection to our day to day activities has repeatedly been shown to be a settled matter. For this reason, the dawn of information age and the advancement of technology in the reproduction of information and intellectual goods has created a favorable tool for piracy; copying and selling of another's intellectual works have become easy and less expensive; Copyright theft; Production of fake, Sub-standard and unlicensed products are on the increase. Hence, Copyright Piracy is a global problem, although more prevalent in developing countries like Nigeria. Copyright piracy has been recognized worldwide as an enemy of creative arts, intellectualism and creativity. It obstructs genuine investments and corrupts cultural value of a nation. Section / of the Copyright Act CAP C28 LFN 2004 makes provisions for the definition, protection, transfer, infringement of and remedy, and penalty thereof of copyright in forms of Literal, Musical, Dramatic and Sound recordings works. It is pertinent to observe that online generated materials can be classified under the category of literary works. Of greater importance, Sections 2 and 3 of the Copyright Act is to the effect that, copyright protection of any
physical creative work is local, while the reach of the internet is international. The provisions of Sections 2 and 3 above presents a strenuous task for the protection of copyrights and enforcement of wrongdoings committed across the border. In respect of that, Section 2(1) of the Copyright Act provides that copyright shall be conferred by this section on every work eligible for copyright of which the authors or in the case of a work of a joint authorship, any of the authors is at the time when the work is made, a citizen, or is domiciled in Nigeria Nigeria's status as a favorable destination for foreign direct investment and a place where local creative talent can flourish is in jeopardy due to the activities of individuals who unjustifiably infringe on another's copyright works. It is in recognition of the above fundamental facts that the Nigerian Copyright Commission (NCC), which is saddled with the responsibility of monitoring, administering and enforcing copyright laws and ensuring proper implementation of set out rules and regulations on the citizenry in the case of default seeks to fight against piracy.

The Metaverse, a virtual reality environment where users may interact and take part in different activities, has drawn a lot of interest as a promising breakthrough in technology. There are potential and problems associated with the Metaverse as it develops and grows, especially in terms of safety and regulation. This thesis explores the legal framework in Nigeria for regulating and promoting the safe usage of the Metaverse. This study examines the applicability of current laws in addressing safety issues in the metaverse, drawing on the National Information Technology Development Agency (NITDA) Act, Cybercrime (Prohibition, Prevention, etc.) Act, Nigerian Communications Act, Data Protection Regulation, and Copyright Act. The study reviews how NITDA regulates new technologies, promotes safe information technology practices, and considers how it may be used in the metaverse. It examines how the Cybercrime Act's provisions can be used to combat online threats and crimes, with a particular emphasis on unauthorized access, fraud, and identity theft. The study also considers the function of the Nigerian Communications Commission (NCC) in upholding user safety and privacy in the Metaverse, as well as the regulatory reach of the Nigerian Communications Act. The Nigeria Data Protection Regulation (NDPR) is reviewed in connection to the Metaverse's protection of personal data and privacy rights, including challenges and potential solutions for applying data protection measures in a virtual environment. The implications of the Freedom of Information Act for obtaining public information linked to Metaverse platforms are also examined, as is the applicability of the Copyright Act in safeguarding artists' and performers' intellectual property rights in virtual spaces. This thesis intends to give insights into the regulation and promotion of safe Metaverse usage in Nigeria by examining these statutory regulations and investigating their possible applicability. It outlines gaps, difficulties, and solutions for policymakers, regulators, and stakeholders in Nigeria in order to create a safe and inclusive Metaverse environment.

The relevance of Intellectual Property protection to our day to day activities has repeatedly been shown to be a settled matter. For this reason, the dawn of information age and the advancement of technology in the reproduction of information and intellectual goods has created a favorable tool for piracy; copying and selling of another's intellectuaworks have become easy and less expensive; Copyright theft; Production of fake, Sub-standard and unlicensed products are on the increase. Hence, Copyright Piracy is a global problem, although more prevalent in developing countries like Nigeria. Copyright piracy has been recognized worldwide as an enemy of creative arts, intellectualism and creativity. It obstructs genuine investments and corrupts cultural value of a nation. Section / of the Copyright Act CAP C28 LFN 2004 makes provisions for the definition, protection, transfer, infringement of and remedy, and penalty thereof of copyright in forms of Literal, Musical, Dramatic and Sound recordings works. It is pertinent to observe that online generated materials can be classified under the category of literary works. Of greater importance, Sections 2 and 3 of the Copyright Act is to the effect that, copyright protection of any physical creative work is local, while the reach of the internet is international. The provisions o Sections 2 and 3 above presents a strenuous task for the protection of copyrights and enforcement of wrongdoings committed across the border. In respect of that, Section 2(1) of the Copyright Act provides that copyright shall be conferred by this section on every work eligible for copyright of which the authors or in the case of a work of a joint authorship, any of the authors is at the time when the work is made, a citizen, or is domiciled in Nigeria Nigeria's status as a favorable destination for foreign direct investment and a place where local creative talent can flourish is in jeopardy due to the activities of individuals who unjustifiably infringe on another's copyright works. It is in recognition of the above fundamental facts that the Nigerian Copyright Commission (NCC), which is saddled with the responsibility of monitoring, administering and enforcing copyright laws and ensuring proper implementation of set out rules and regulations on the citizenry in the case of default seeks to fight against piracy

There is no doubt that the internet has added a great deal to the quality of human life in the contemporary world. It has knitted the world together as a global village. Many difficulties which hampered international and even national commercial transactions in the past have now been consigned to the dust-bin of history. The emergence of electronic commerce has occurred as a result of the development of the internet, and commercial transactions are conducted through it between parties from different parts of the world who may never see themselves in their lifetimes. However, the emergence of electronic commerce has also brought with it a number of legal and socio-economic issues, especially in developing nations such as Nigeria, which issues pose significant challenges to the legal regime of electronic commerce in those countries. This work examines these legal issues within the context of the current legal and regulatory framework for electronic commerce in Nigeria

The constitution of the Federal Republic of Nigeria, 1999 (as amended) made the theory of separation of powers a fundamental principle of state governance. This essay examines the doctrine of separation of powers under the 1999 Constitution of the Federal Republic of Nigeria with a view to critically assessing the challenges facing same in Nigeria. The 1999 Constitution in different sections vested the powers of government in separate organs of government as follows: section 4 deals with the legislative powers; section 5 deals with the executive powers, while section 6 is concerned with judicial powers. This kind of separation of powers is known as the horizontal separation of powers. It has been discovered, by the adoption of doctrinal methodology as well as comparative research methodology, that a water-tight application of the doctrine of Separation of Powers is not possible. It is in recognition of this fact that the founders of the doctrine developed the principle of checks and balances which empowers each arm of government to serve as a check on the others to ensure that they do not go out of their constitutionally assigned roles. This concept of checks and balances is as well provided for in the constitution of the Federal Republic of Nigeria, 1999 (as amended). Despite these provisions of the constitution, there are presently in Nigeria disputes and controversies concerning the meeting points of the powers allotted the various arms of government. The executive arm of government by virtue of the amplitude and plentitude of powers allotted to them by the constitution. The judicial arms of government appear to be at the receiving end of this power tussle. There are however certain salient areas in the interplay of powers where the three arms of government must converge or meet for the orderly regulation or governance of Nigerian society. This long essay reviewed the hallowed concept of separated 15 powers of government, the doctrine of checks and balances as well as the Independence of judiciary, the meeting points of the powers and their areas of dislocation. Some recommendations that will uplift the law and practice of sep rated powers in Nigeria were made.

Free and fair elections are the genuine hallmark of democratic governments as they allow citizens to choose their representatives in governmental positions. As a democratic state, Nigeria has conducted well over eight General Elections since its severance from British hegemony in 1960. These elections conducted in 1999, 2003, 2007, 2011, 2015, 2019 and 2023, have all been
marred by severe electoral irregularities. Observers report that malpractices such as vote buying, ballot snatching/stuffing, electoral violence, and multiple registration/voting characterized these elections. Owing to the spate of these malfeasances, policymakers embarked on legislative reforms to consolidate the extant electoral laws. SubseqUent legislative revisions in 2010, 2015
and 2019 birthed the Electoral Act 2022 which was enacted on February 25, 2022. Broadly, the Act aimed to enhance the capacity of Electoral Management Bodies (EMBs) to conduct free and fair elections. The innovations pioneered by the Act abound thereby theoretically enhancing democratic consolidation in Nigeria through its 153 sections. As a disruptive legal framework, the Act legalized the deployment of technology in the conduct of elections under section 47 – 50. Further, it mandated the prompt release of funds to the Independent National Electoral Commission (INEC) to conduct the elections. It also prohibited political appointees from acting as candidate/delegate in a primary election during the subsistence of their appointment. These
groundbreaking provisions were expected to radically reform electoral practice in Nigeria, solving the litany of problems plaguing the Nigerian electoral system. This, in turn, it was envisaged, would culminate in democratic consolidation and accord legitimacy to the emerging governments. However, in retrospect, these laudable aspirations and lofty expectations of the
Electoral Act 2022 were scarcely fulfilled. Almost two years after its enactment, the Nigerian electoral system is largely unchanged with electoral malpractices as prevalent as ever. The unforgettable 2023 Presidential elections and the petitions that followed brought to the fore, the issues that lay with the new Act. Likewise, the pockets of gubernatorial and legislative elections revealed certain gaps in the Act that were antithetical to democratic consolidation.

The digital age has fundamentally reshaped the creation, distribution, and consumption of copyrighted works, posing unprecedented challenges to traditional copyright law. This abstract explores the multifaceted difficulties encountered in protecting intellectual property in a landscape characterized by pervasive digital reproduction, global connectivity, and the rise of artificial intelligence. Existing copyright frameworks, largely rooted in the concept of fixed, tangible works, struggle to adapt to the fluid, ephemeral, and collaborative nature of digital content. A central challenge lies in the tension between the ease of digital reproduction and the need to protect creators' rights. The internet's global reach facilitates widespread infringement, making enforcement difficult and costly. Traditional legal mechanisms, such as takedown notices, are often insufficient to address large-scale piracy and cross-border infringements. Moreover, the anonymity afforded by the internet complicates the identification and prosecution of infringers. The rise of user-generated content and collaborative platforms further strains existing copyright models. Defining authorship and ownership in environments where content is constantly remixed, shared, and modified becomes problematic. The concept of "fair use," intended to balance creators' rights with public access, is increasingly ambiguous in digital contexts, particularly with the proliferation of transformative works and remixes. Technological advancements, while offering potential solutions, also introduce new complexities. Technological Protection Measures (TPMs), such as DRM, are often circumvented, and their use raises concerns about privacy and access. Block chain technology and NFTs, while promising to enhance copyright management, also present challenges regarding authentication and enforcement. Furthermore, the emergence of Artificial Intelligence (AI) generates significant legal and ethical dilemmas. AI-generated content challenges traditional notions of authorship and ownership, raising questions about liability for infringement. The use of copyrighted materials in AI training data also raises concerns about fair use and the need for compensation. This abstract argues that a comprehensive approach is needed to address the challenges of copyright in the digital age. This includes: adapting legal frameworks to accommodate the unique characteristics of digital content; strengthening international cooperation in enforcement; exploring innovative technological solutions; and fostering a culture of respect for intellectual property through education and awareness. Moreover, it is imperative that legal frameworks evolve to address the rapidly changing AI landscape. This involves clarifying liability for AI-generated works, addressing the training data problem, and ensuring that copyright holders are adequately compensated. Ultimately, a balanced approach is necessary, one that protects creators' rights while promoting innovation and access to knowledge in the digital sphere.

Democracy is universally acknowledged as the most acceptable form of government, because it provides the opportunity for participation of the people in the running of their affairs within a given society. Again, it advances an open, responsible, and accountable government. Since 1999, Nigeria has practiced presidential democracy with three main institutions, comprising of the Executive, Legislature and Judiciary. The Legislature is the most representative as it has the institutional mandate to project the interests of the various constituencies in the country. By virtue of the Constitution of the Federal Republic of Nigeria1999, (herein 1999 Constitution), the Legislature performs three principal roles of law making, oversight of the executive arm, and representation. Upon election by the electorate, the principle of representation requires legislators to be accountable to their constituents in the performance of their constitutional duties. In Nigeria, there is no consensus of opinion on whether legislators after being elected into parliament, constantly engage their constituents in policy decisions, until the next set of elections. The aim of this study was to examine legislative accountability as envisaged under the 1999 Constitution. The study focused mainly on the representational role of the National Assembly and its different models by evaluating its effectiveness. Thus, several issues of legislative accountability were interrogated. The study adopted the doctrinal research methodology, using secondary data. The study examined whether there are enough constitutional mechanisms for the electorate to hold legislators accountable. The study analyzed the accountability mechanisms that are available to check the excesses of legislators, provided under the 1999 Constitution. These are free and fair elections, recall, minimum sitting days’ requirement, sanctity of party label, presidential veto, judicial review, internal mechanism of suspension, and the absence of immunity from criminal trial for legislators. Since Nigeria’s constitutional practice is modeled after that of the United States of America, the study undertook a comparison of the American system in the context of the accountability mechanisms in order to draw useful lessons for Nigeria. The study found that the mechanism of recall is ineffective in enhancing legislative accountability due to its cumbersome process as provided in the 1999 Constitution. The study also found that elections as a mechanism can only be effective if they are free and fair, which is hardly the case in Nigeria. It also found that although there are a number of mechanisms available in the 1999 Constitution to ensure accountability by the Legislature and its members, recall and periodic elections are the only formal accounting tools at the disposal of the electorate. The study proffered a detailed roadmap to legislative accountability. Consequently, the study identified novel measures such as roll-call, visible and recorded votes, which can be adapted from the constitutional practice of the United States of America to promote effective legislative representation cum accountability in Nigeria. The Study recommends that these novel measures found in the U.S should be adopted in Nigeria in other to enhance legislative accountability

This study was a critical study of how domestic violence is handled in Nigeria through the criminal justice system, evaluation of the legal institutions, institutional processes, and cultural/socio-cultural factors that guide the handling and adjudication of domestic violence laws in Nigeria. The results suggest that despite significant legislative progress, especially with the Violence Against Persons ( Prohibition ) Act (VAPP) 2015, significant implementation issues are present because the federal system has led to unequal domestication across states, which generates a patchwork of protection and legal pluralism that leads to discrepancies in jurisdictions. The study shows much discrepancy between the international human rights commitments of Nigeria and their implementation at the local level, particularly on matters of marital rape, emotional and harmful traditional practices. The paper also indicates institutional flaws such as the attitude of police that sees domestic violence as family affairs, lack of special domestic violence courts, and lack of victim support services, which are centralized in urban centres. Patriarchal norms, religious pressures of family conservation, bride price, and gender stereotypes of roles were considered as deep-rooted socio-cultural forces that strengthened silence, victim-blaming and economic dependence. Comparing the advantages of the United States, the study determines the advantages in specialized domestic violence courts, mandatory arrest policies, comprehensive victim support systems, batterer intervention, and coordinated responses of the community through VAWA. The report suggests the harmonization of the VAPP Act across the nation, the creation of special courts, training of the justice actors in a broad way, increasing support systems to victims, and cultural transformation programs. It concludes that though Nigeria has developed a good legal framework, there is still a huge discrepancy between the law and the practice, which requires more institution capacity, proper resource allocation, and social transformation to make a significant difference in protection of all victims.

use it provides the opportunity for participation of the people in the running of their affairs within a given society. Again it advances an open, responsible, and accountable government. Since 1999, Nigeria practices presidential democracy with three main institutions, comprising of the Executive, Legislature and Judiciary. The Legislature is the most representative as it has the institutional mandate to project the interests of the various constituencies in the country. By virtue of the Constitution of the Federal Republic of Nigeria 1999, (herein 1999 Constitution) the Legislature performs three principal roles of law making, oversight of the executive arm, and representation. Upon election by the electorate, the principle of representation requires legislators to be accountable to their constituents in the performance of their constitutional duties. In Nigeria, there is no consensus of opinion on whether legislators after being elected into parliament constantly engage their constituents in policy decisions, until the next set of elections. The aim of this study was to examine legislative accountability as envisaged under the 1999 Constitution. The study focused mainly on the representational role of the National Assembly and its different models by evaluating its effectiveness. Thus several issues of legislative accountability were interrogated. The study adopted the doctrinal research methodology, using secondary data. The study examined whether there are enough constitutional mechanisms for the electorate to hold legislators accountable. The study analyzed the accountability mechanisms that are available to check the excesses of legislators, provided under the 1999 Constitution. These are free and fair election, recall, minimum sitting days’ requirement, sanctity of party label, presidential veto, judicial review, internal mechanism of suspension, and the absence of immunity from criminal trial for legislators. Since Nigeria’s constitutional practice is modeled after that of the United States of America, the study undertook a comparison of the American system in the context of the accountability mechanisms in order to draw useful lessons for Nigeria. The study found that the mechanism of recall is ineffective in enhancing legislative accountability due to its cumbersome process as provided in the 1999 Constitution. The study also found that election as a mechanism can only be effective if it is free and fair, which is hardly the case in Nigeria. It also found that although there are a number of mechanisms available in the 1999 Constitution to ensure accountability by the Legislature and its members, recall and periodic elections are the only formal accounting tools at the disposal of the electorates. The study proffered a detailed roadmap to legislative accountability. Consequently, the study identified novel measures such as roll-call, visible and recorded votes which can be adapted from the constitutional practice of the United States of America to promote effective legislative representation cum accountability in Nigeria. The Study recommends that these novel measures found in the U.S should be adopted in Nigeria in other to enhance legislative accountability.