Author: Faruq Abbas
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KEY LESSONS ON ENFORCING MONETARY JUDGMENTS IN NIGERIA: AN ANALYSIS OF THE SUPREME COURT’S JUDGMENT IN C.B.N. v OCHIFE (2025) 12 NWLR (Pt. 2000) 1
INTRODUCTION When enforcing monetary claims in Nigeria, obtaining a favourable judgment is only one part of the process, as the judgment must still be enforced if the debtor refuses to pay the judgment sum. Enforcing a monetary judgment means that the person taking benefit from the monetary judgment (“the judgment creditor”) has to employ any…
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Do You Need a Survey Plan to Prove Land Ownership in Court? Lessons from the Supreme Court’s Decision in Okoro v Udeh (2026) 1 NWLR (Pt. 2024) 163
Introduction One of the key documents commonly tendered in court in land dispute proceedings is a survey plan. The advantage of a land survey plan is that it provides a precise description and clear identification of land by delineating its boundaries, location, and extent. For this reason, our courts have consistently recognised that the easiest…
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Does a Trademark Registration Grant You Immunity from a Trademark Infringement or Passing Off Lawsuits? Key Lessons from Dike Geo Motors Ltd. v. Allied Signal Inc. (2024) 10 NWLR (Pt. 1946) 201
Introduction One of the key advantages of a trademark registration is that it confers on the Applicant an exclusive right to use the registered trademark for a category of goods. This protection is contained in section 5 of the Trade Marks Act, CAP T13 Laws of the Federation of Nigeria (L.F.N) 2004. There is a…
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ENFORCEMENT OF CONSUMER RIGHTS IN NIGERIA: KEY LESSONS FROM THE SUPREME COURT’S DECISION IN ANENE V. MTN(NIG.) COMMUNICATIONS PLC [2025] 16 NWLR (PT. 2010) 1
Introduction For many years, Nigerian consumers have endured persistent, often frustrating experiences with some telecommunications service providers. Among the most common complaints are unauthorised airtime deductions, unsolicited value-added services, and unfair billing practices that steadily erode consumers’ confidence in the telecom sector. In a significant reaffirmation of consumer protection principles, the Supreme Court of Nigeria…
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Performance Bond: An Owner’s Recourse in Contractual Default
The Performance Bond stands as a critical instrument in managing construction and high-stakes contractual risk, serving not merely as supplementary documentation but as a robust guarantee of project completion. It constitutes an agreement wherein a Surety guarantees an Owner (Obligee) that a Contractor (Principal) will faithfully fulfil its contractual obligations. In essence, the bond is…
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WHY CONFIDENTIALITY IS THE LIFEBLOOD OF MEDIATION
Introduction: The two central pillars of mediation are voluntariness and confidentiality. While the former ensures that parties participate of their own free will, the latter provides the safety net that makes such participation meaningful. Without the assurance that the information they divulge will be carefully managed and not weaponised against them, parties will naturally withhold…
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THE STRATEGIC VALUE OF A MEDIATION ADVOCATE IN HIGH-CONFLICT DISPUTES
In a high-tension dispute, emotions often act as a fog, obscuring the path to a rational solution and threatening to burn down long-standing relationships. While mediation offers a bridge across this divide, navigating that bridge alone or with counsel unfamiliar with the nuances of mediation can be daunting. As human relations become more complex, the…
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Understanding How To Prosecute a Copyright Infringement Claim in Nigeria: A Review of the Supreme Court’s Judgment in Ubom v. Globacom (Nig.) Ltd. (2025) 6 NWLR (Pt. 1985) 157
Introduction Copyright infringement is the unauthorised use of a copyrighted work without the authorisation of the copyright holder. Such unauthorised use includes: reproduction and distribution of the said work. A breach of contract, on the other hand, occurs when a party breaches the terms of the contract, and the other party decides to sue for…
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When a Pending Lawsuit Will Not Be Enough to Prevent the Winding Up of a Company: Key Lessons from Unifam Industries v. Ecobank (2019) 1 NWLR 187
Introduction The case of UNIFAM INDUSTRIES LIMITED V. ECOBANK NIGERIA LIMITED (SC.149/2005) was heard by the Supreme Court of Nigeria, with judgment delivered on Friday, 8 June 2018. The central issue revolved around whether a petition for the winding-up of a company due to its inability to pay its debts constituted an abuse of court…
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WHEN SHOULD YOU AMEND YOUR COMPANY’S MEMORANDUM AND ARTICLES OF ASSOCIATION (MEMART)? TRIGGERS YOU’RE LIKELY IGNORING
INTRODUCTION For many companies, the Memorandum and Articles of Association (“MEMART”) is drafted at incorporation and rarely revisited. Yet under the Companies and Allied Matters Act (CAMA) 2020, it remains the backbone of a company’s identity, governance, and operations. As businesses grow through capital raises, restructuring, or expansion, their MEMART must grow with them. An…