Author: Faruq Abbas
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
UNDERSTANDING THE CHALLENGES AND OPPORTUNITIES INVOLVED IN THE ENFORCEMENT OF MEDIATION AGREEMENTS
Introduction: Mediation is a flexible, confidential process in which a neutral third party, the mediator, actively assists the parties in reaching a negotiated agreement on a dispute. The role of the mediator is to act as the facilitator or honest broker. The mediator also persuades the parties to focus on their underlying interests and concerns…
-
The Exclusive Powers of Local Government to Regulate Outdoor Advertising in Nigeria: A Review of the Federal High Court’s Decision in Massilia Motors Limited -v- Advertising Regulatory Council of Nigeria (unreported Suit No. FHC/L/CS/1044/2025, judgment delivered on 7 November 2025)
Introduction Since the Federal High Court of Nigeria delivered its judgment in Digi Bay Limited & 2 Others -v- Attorney General of the Federation & Anor on 29 April 2025, by upholding the powers of the Advertising Regulatory Council of Nigeria to regulate advertising in Nigeria, the Advertising Regulatory Council of Nigeria (ARCON) increased its…