by Legalnaija | Mar 24, 2026 | Blawg
1.0 INTRODUCTION
“Vincent, if the Ministry of Justice knows and finds out that you are getting their laws and making use of it and explaining them to people, won’t they arrest you?”
My mother asked me this recently. She was serious and probably scared. This comes after a recent experience bound with fears and trauma.
I laughed at first, the question seemed absurd to me but within me I realized that “it is what many Nigerians like her are meant to believe their whole life”. I had spent months inside the ministry of justice, studying their field, accompanying prosecutors to court. The law was not a secret. It was not a weapon hidden from citizens. It was… just there. Available. Public and easy to access. No limitation accessing those laws.
But then I stopped laughing.
My mother’s question revealed something painfully; most Nigerians do not know their rights, especially within the Criminal Justice system. They do not know that the law is not a mysterious tool used only by the powerful. They do not know that they have the legal right and backing to understand the process that can take away their liberty, their property, even their lives. They fear law because they do not know it. They are unaware that the law is there to protect them. Even the law that convicts and sentences a guilty person, is the same law that protects their right while in prison and out of prison. Therefore, how much more of a person who tends to read, know and make use of the law to defend his or her right.
Conclusively, this guide is my answer to my mother and every Nigerian who has ever wondered, feared being traumatized, or stayed silent or said to leave everything to God because they did not know what the law says about their rights. This guide shall give elaborate steps and guides for citizens to better understand their right within the Criminal Justice system in Nigeria while dealing with law enforcement agencies, court, prison and the outside world.
2.0 DEFINITION OF CRIMINAL AND THE CRIMINAL JUSTICE SYSTEM
Who is a Criminal?
A Criminal is a person or an individual who has committed a crime or has been legally convicted of a crime (according to Oxford dictionary).
In the context of criminology and criminal justice, a criminal is a person who has been ‘convicted’ of a crime by a reputable and competent court of law, having considered and reviewed the case and evidence brought before it. However, a person is presumed innocent until proven guilty by a competent court of law.
2.1 WHAT DO WE UNDERSTAND BY THE CRIMINAL JUSTICE SYSTEM?
The Criminal Justice System as a criminological concept of justice, is defined as the process which involves, necessitates, and initiates the ‘investigation of crime’, ‘arrest’, ‘prosecution’, and possible ‘incarceration of offenders’, as obligated and mandated by the Criminal Law of a country. (Faloye Vincent Adetomide, 2026).
The Criminal Justice System (CJS) is a triangular or circular section that defines crime and shows the steps in which the crime would be taken care of. The Criminal justice system (CJS) involves a triangular or circular relationship that exists among the ‘police’, the ‘court’, and the ‘prison’.
This shows that the Police is the first point of contact in the CJS, following the investigation and arrest of a suspect, they are charged to court.
2.2 EXPLANATION
The Police are saddled with the responsibility of enforcing the law, detecting crime, investigating crime, and arresting the offenders. The Police Act, 2020, which grants the exclusive powers of the Nigeria Police Force. The Police Act is an enabling statute that defines, describes, provides for, and spells out the operation of the Nigerian Police Force, their powers and limits. They are to operate within the limits of their constitutional and statutory roles and functions.
It is stated as follows in reference to The Police Act, 2020:
General Duties of the Police: According to Section 4, the Police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order etc. which they are directly charged with.
Power to Investigate Crime: According to Section 31, grant the police the power to investigate crime. That is, a police officer may investigate any alleged crime.
Power to Arrest: Section 32(1), grant the police the power to make an arrest or power of arrest. Section 38(1) further made explicit that a police officer may, without an order of a court and without a warrant, arrest a suspect. However, the “without a warrant” is subject to a specific condition or circumstance set or laid out in the Police Act, Administration of Criminal Justice Act, 2015 (ACJA), and other enactments such as the Criminal Code Act.
Note: Under section 32(2) of the Police Act, “a person shall not be arrested merely (simply) on a civil wrong or breach of contract.”
In addition, under Section 7 and Section 36 of the ACJA 2015 and The Police Act 2020 respectively, provided for; “Arrest in lieu prohibited” this specifically means that ‘A person shall not be arrested in place of a suspect’. What this means is that, a family member or friend to a ‘suspect’ of a crime shall not be arrested in place of or instead of the actual suspect.
In furtherance, under Article 9 of the United Nation’s “Universal Declaration of Human Right (UDHR)”, to which Nigeria is a party, provided for the following regarding arrest; “No one shall be subjected to arbitrary arrest, detention or exile”. Therefore, in addition to this provision, under Section 35(6) of the Constitution of the Federal Republic of Nigeria, it states; “Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person.” Thus, this further explained that no person (citizen or aliens) in the country shall be subjected to any inhuman treatment in the cause of arrest, or arrested or detained arbitrary or unlawfully without due process being followed by law enforcement agencies, and such person or aliens shall be entitled to be compensated for harm suffered including psychological and emotional harm being experienced by the person or aliens.
The Court, in its stead, interprets the law and makes the trial of the offender efficient and possible, while ensuring a fair trial (fair hearing) provided under section 36(1) of the Constitution of the Federal Republic of Nigeria, and their eventual sentencing (adjudication). The Constitution Of The Federal Republic Of Nigeria, provided for the third arms of government which is the ‘Judiciary’ of which “The Court” is summarily ascribed to and mandated with the constitutional provision and power to tried a person accused of crime and hear the charge against the person and to deliver judgement against or in favour of the accused. With such courts having a hierarchical supremacy and independent of the other arms of government. Section 230 to 284 of the Constitution, which grants the court jurisdiction and power to hear all types of criminal cases and appeals.
The Prison, also known as a correctional institution, provides the atmosphere for either punishing or treating the offender and/or possible incarceration as adjudged by the trial court.
Every modern society has a Criminal Justice System. Let us take the family as an example to substantiate our reference (parents sanctioning children), which exercises formal social control by meting out punishment to any of their deviant or recalcitrant wards. Thus, this system also shapes offenders behaviour, the police, the court, and the correctional system also contribute to the development of this system, specifically the modern age.
The system within the prison may reduce crime by giving criminals skills acquisition; on the other hand, a prison sentence could contribute to crime by creating a desire for revenge to strike back at the society. This generally depends on the kind of orientation the prisoner is subjected to while in prison.
3.0 ELEMENT OF THE CJS
The Criminal Justice System has five components, and each of it performs a key role in the Criminal Justice System in Nigeria. Each created by laws or an act of the National Assembly and the State House of Assembly.
(1) Law Enforcement:
Law enforcement officers’ takes reports of crimes that happen in their jurisdictions. These officers investigate the crime, gather evidence from the crime scene, and protect evidence from possible contamination or damage, and also protect witnesses to the crime (either the victim or a passerby). Law enforcement agencies may arrest offenders, give testimony during court process (proceedings), and conduct follow-up investigation if need be. These law enforcement or security agencies are: The Police (the most common), The Nigeria Security And Civil Defence Corps, State Security Service, Amotekun (Southwest Security Network), and The Southeast Security Network, NAPTIP, NDLEA, Nigeria Customs etc.
Note: All the above mentioned law enforcement agencies follow the same process and are bound by the same statutory and constitutional provision. In summary, all persons (citizens) including law enforcement officers are equal before the law and governed under one “Constitution”, which is the supreme law of the land. The Constitution is based on the principles of democracy, and the rule of law.
(2) Prosecution:
Prosecutors are lawyers who represent the federal, state, or local government throughout the court process, right from the first appearance of the accused in court until the accused is acquitted, convicted or sentenced, respectively. In Furtherance, under Section 174(1a) and Section 211(1a) of the 1919 Constitution of the Federal Republic of Nigeria, which grants the Attorney-general at both the State and Federal level the power to institute and undertake criminal proceedings against any person before any court of law in Nigeria.
The prosecutor reveals or presents the evidence brought to them by the law enforcement agents or officers to decide whether to file charges or drop them. In this instance, the prosecutors must prove his case ‘beyond a reasonable doubt’, by presenting strong evidence that links the accused to the said crime. As the burden of proof lies mainly on the prosecution.
In addition, the prosecutor presents evidence in court, questions witnesses and decides whether to negotiate, or enter into a ‘plea bargain’ with the defendants.
Note: Pursuant to Article 11(2) of the UDHR 1948, states that “No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed”. Therefore, before a person is charged or prosecuted in court for a particular offence. The said crime has to be recognized and in effect and enacted by an act of the National Assembly (NASS) or the State House of Assembly (HoS) resident in every state of the federation. Therefore, arresting and charging a person over a said offence not recognized or enacted is grossly invalid and unconstitutional.
For instance, there is no law barring a citizen or criminalizing videoing an officer during their lawful duty, (every citizen or aliens resident in a country have the right to receive and impart information and ideas through any media and regardless of frontiers, this is provided under Article 19 of the UDHR 1948). So for such to be considered a criminal offence, the NASS or the HoS have to pass such into law and ‘assented’ by the president or the state governor. Therefore, no illegal laws shall be made without passing through the due process of law and in conformity with the Constitution and international laws.
(3) Defence Attorney
The defence attorney is the accused lawyer or counsel. The defense attorney defends the accused against the government. In some jurisdictions, the defence lawyer is responsible for proving the innocence of his/her client (the accused), that means the burden of proof lies on the defendant. However, in Nigeria current practice, the burden of proof lies on the Prosecution while the defence lawyer will have the opportunity to oppose or object to any accusation or evidence brought before the court by the prosecution.
Under section 36(6c) of the 1999 Constitution of the Federal of Nigeria, provided that;
“Every person who is charged with a criminal offence shall be entitled to defend himself in person or by legal practitioners of his own choice.”
In pursuant of the above provision, they are either hired by the defendant or provided for by the government, (this is in case the defendant cannot afford the service of a personal lawyer), and therefore, they are assigned by the court through the public defendant or by Legal aid council residence in the state of the defendant. In reference to the Administration of Criminal Justice Act, 2015, Section 349(1b), state as follows;
“Where a defendant charged before the court is not represented by a legal practitioner, the court shall enquire from him, whether he wishes to engage his own legal practitioner, or a legal practitioner engaged for him by way of legal aid.”
Note: This is an important and potent process in the Criminal Justice System, the constitution has made it a general compliance and mandate, that any person who has been arrested for any offence known to the law, such person shall have the right and power to defend him or herself by any legal practitioners of his own choice. This is where the rule of law and the Criminal Procedure Act (CPA) should take effect.
The rule of law state that; there should be “supremacy of the constitution”, that is, the constitution is supreme and it is above all other human, secondly, the “equality of every person before the law”, this means for the supremacy of the constitution, every person is equal before the law and is subjected and answerable to the constitution, lastly, to ensure the “fundamental human right of citizen”; this is one of the provision of the constitution and the foremost United Nation’s Universal Declaration of Human Right (UDHR) 1948, which is directly linked to the after arrest of a suspect; ‘right to dignity of his person’, ‘right to freedom from torture or to cruel, inhuman or degrading treatment or punishment’, ‘right to have accessed to their own legal representation’.
(4) The Court:
The courts are run by judges whose role is to make sure that law is followed and oversee what happens in court and preside over a case in court. They decide whether to release offenders before the trials. The presiding judges either accept or reject plea bargaining, oversee trials and sentence guilty offenders. There are two categories of inmates. They are ‘Awaiting trial and the convicted’.
(5) Correctional Institutions (Prison):
Correctional officers supervise convicted offenders when they are in jail, prison, in the community on probation or parole. According to the Nigerian Correctional Service Bill, 2018, made for the provision of the Nigerian Correctional Service, under Section 1 and its primary goal as a correctional service in Nigeria under Section 10 (a-k).
The Criminal Justice System is incomplete without the circumstance involving the prison and or a rehabilitation centre. Under the Administration of Criminal Justice Act, 2015, Section 467(1) describes the position of a Correctional Centre (institution) in the Criminal justice system.
“A defendant convicted of an offence triable summarily may be sentenced and ordered to serve the sentence at a Rehabilitation and Correctional Centre established by the Federal Government in lieu of imprisonment.”
In some jurisdictions, correctional officers prepare, present a criminal report with extensive and detailed background information or activities about the offender to help the judges decide his or her sentence.
4.0 LEGAL TERMS IN CRIMINAL PROCEDURE
This refers to the legal documents and procedures used to initiate, conduct, and execute criminal proceedings. This includes:
(1) Warrant:
This is a legal document issued by a judge or magistrate authorizing law enforcement to:
– Conduct a search or arrest.
– Seize evidence or property.
– Make an arrest.
Warrant requires probable cause or suspicion and specificity regarding the place, person, or things to be searched, seized or arrested.
(2) Miranda Warning (Right):
This is a warning given by law enforcement to suspects before questioning or arrest, informing them of their rights, according to Section 35(2), Constitution of the FRN, Section 6(2) ACJA, Section 35, of the Police Act respectively, includes:
– The right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.
– The right to an attorney.
– The right to have an attorney appointed if unable to afford one.
(3) Subpoena:
This is a legal order requiring a person to:
– Testify in court or as a deposition.
– Produce documents or evidence.
Subpoenas can be issued in criminal or civil cases and must be served on the person named.
(4) Jurisdiction:
This implies the authority of a court or government to hear and decide cases based on:
– Geographic area (territorial jurisdiction).
– Subject matter (e.g., criminal, civil, family law).
– Person (jurisdiction over a specific defendant).
(5) Summon:
In the context of criminal justice and law, a summon is a legal document that orders a person to appear in court or before a legal authority. It is often used to initiate a criminal case or to require a defendant to appear in court for a specific purpose, such as:
- To answer charges or allegations.
- To enter a plea (guilty, not guilty or no contest).
- To appear for a pretrial hearing or conference.
- To testify as a witness.
A summons is typically issued by a court clerk or judge and served on the person named, usually by a law enforcement officer or a process server. Failure to comply with a summon can result in serious consequences, including not limited to;
- Arrest
- Bench warrant
- Contempt of court charges
- Forfeiture of bail or bond
5.0 BASIS UPON WHICH ARREST AND DETENTION OF CRIMINALS WILL BE LAWFUL IN NIGERIA
In Nigeria, the basis for which lawful arrest and detention of criminals is established by the Constitution and the Criminal Procedure Act are stated as follows:
(1) Reasonable suspicion or probable cause:
The police must have a reasonable belief that a crime has been or is about to be committed, and that person to be arrested is involved. For example, when there has been a report of an ongoing crime or already committed crime, likely from a witness.
(2) Warrant:
A warrant of arrest issued by a competent court, except in situations where an arrest can be made without a warrant, such as when a crime is committed in the presence of a police officer or other law enforcement officer, which is provided under Section 18(1) of the ACJA, 2015 and Section 38(1) of the Police Act, 2020 respectively.
“A police officer may, without an order of a court and without a warrant, arrest a suspect:
(a) Whom he suspects on reasonable grounds of having committed an offence against a law in Nigeria or against the law of any other country, unless the law creating the offence provides that the suspect cannot be arrested without a warrant;
(b) Who commits any offence in his presence;
(c) who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody;
(d) In whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to the thing;
(e) Whom he suspects on reasonable grounds of being a deserter from any of the armed forces of Nigeria;
(f) whom he suspects on reasonable grounds of having been involved in an act committed at a place outside of Nigeria which, if committed in Nigeria, would have been punished as an offence, and for which he is, under a law in force in Nigeria, liable to be apprehended and detained in Nigeria;
(g) Having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of housebreaking, car theft, firearm or any offensive or dangerous weapon;
(h) Whom he has reasonable cause to believe a warrant of arrest has been issued by a court of competent jurisdiction in Nigeria;
(i) Found in Nigeria taking precautions to conceal his presence in circumstances, which afford reason to believe that he is taking such precautions with a view to committing an offence;
(j) whose arrest a warrant has been issued or whom he is directed to arrest by a Judge, Magistrate, Justice of the Peace or superior police officer;
(k) Whom he reasonably suspects to be designing to commit an offence for which the police may arrest without a warrant, if it appears to him that the commission of the offence cannot be otherwise prevented;
(l) Required to appear by a public summons issued under this Act or any other Act.
(m) To protect a child or other vulnerable person from the suspect in question;
(n) To prevent the suspect in question from:
- causing physical injury to himself or any other person
- suffering from physical injury,
- causing loss of or damage to property;
- committing an offence against public decency where members of the public going about their normal business cannot reasonably be expected to avoid the person in question, or
- Causing an unlawful obstruction of the highway.”
Lastly, under Section 38(2) of the Police Act, explicitly states that; no person shall be arrested without warrant except as provided in subsection (1). This means that no person shall be bundled or arrested without a warrant unless it has any elements specified in subsection (1) above.
Types of Warrant:
In Nigeria Criminal Justice system, there are different emphasis and types of warrant permitted by law of the Federal Republic of Nigeria. They includes:
- Arrest Warrant: This type of warrant authorizes law enforcement agencies to arrest an individual upon which his or her name is served.
- Search Warrant: This type of warrant allows law enforcement to search premises for evidence, person or other reasonable suspicion by the police or any law enforcement agency established by law of the Federal Republic of Nigeria.
- Search and Seizure Warrant: This type of warrant explicitly authorizes both search and seizure of items or evidence found during the search.
- Bench Warrant: This is issued by the court for failure to appear, honour or comply with court orders. As regard to appearing before a court with which he has been summoned or subpoena but fails to honour or comply with the court.
- Remand Warrant: A type of warrant that authorizes detention pending trial or further court proceedings.
- Production Warrant: This type of warrant requires a person to produce documents or evidence.
- Extradition Warrant: This is a type of warrant that requests another country to surrender a person for trial.
- Warrant of Committal: This type of warrant authorizes imprisonment or detention.
(3) Arrest for a specific offense:
The arrest must be for a specific offense, and the person must be informed of the reason for the arrest. That is, the person to be arrested need to be aware of why he or she is to be taken into custody or is being arrested for.
(4) Informing the suspect of their rights:
The police must inform the suspect of their right, including the right to remain silent and the right to legal representation at the point or moment of arrest.
(5) Detention for a reasonable period:
The suspect must be detained for a reasonable period, not exceeding 24-48 hours, before being charged to court or released on bail.
(6) Compliance with the Administration of Criminal Justice Act (ACJA) 2015:
The arrest and detention must comply with the provisions of the ACJA, which regulates the Criminal Justice process in Nigeria and .
(7) No Arbitrary Arrest and Detention:
The arrest and detention must not be arbitrary or based on vague suspicion. That is the due process involved in the arrest and detention of suspect should be strictly followed and complied with. No coercion, no force confession, and on no account should a suspect be treated punitively without following the due process of law. According to Section 34, of the Police Act, 2020.
(8) Respect for Human Rights:
The arrest and detention must be carried out with respect for the suspect’s human rights, including the right to dignity of person, freedom from torture, fair trial and legal representation. According to Section 34 and 36 of the 1999 Constitution of the Federal Republic of Nigeria, the United Nation’s Universal Declaration of Human Right, 1948 and Section 2 of the Anti-Torture Act, 2017 which provided for and spelt out these provision.
The Pillar of Justice shall refuse to be shaken!
REFERENCE
- The 1919 Constitution of the Federal Republic of Nigeria.
- Administration of Criminal Justice Act, 2015.
- The Nigeria Criminal Procedure Act (CPA) 19
- The Anti-Torture Act 2017.
- The Police Act 2020.
- The United Nations Universal Declaration of Human Right (UDHR) 1948.
by Legalnaija | Mar 23, 2026 | Blawg, Book
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by Legalnaija | Mar 23, 2026 | Blawg
Dear Colleagues,
This year represents the 20th Annual International Business Law Conference hosted by the NBA Section on Business Law.
Over the past few years, we have worked to shape the legal landscape. Now, our collective focus is shifting. While legislative reforms provide a necessary foundation, true progress is found in their actual results.
Our upcoming annual conference centers on ensuring that policies create sustainable value within the Nigerian ecosystem.
CONFERENCE DETAILS
* Theme: Beyond Reforms: Measuring Policy Impact
* Dates: June 8th – 10th, 2026
* Location: Abuja Continental Hotel
Going beyond the standard language of reform requires a commitment to measurable results. This event is designed for professionals who navigate the intersection of law, governance, and economic growth.
We intend to move past theoretical intent to examine the tangible effects of legal frameworks on our business environment.
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Registration portals opens next week! We invite you to prepare for an experience that transcends traditional reform discussions. The countdown has officially started.
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by Legalnaija | Mar 17, 2026 | Blawg
As the Nigerian Bar Association (NBA) Gwagwalada Branch marks its 2026 Annual Law Week, a powerful message has been shared by Lateef Omoyemi Akangbe, SAN, emphasizing one of the most pressing issues facing the legal profession today — public trust.
The theme of the Law Week, “Rebuilding Public Trust in the Nigerian Legal System,” could not be more timely. Trust is the foundation upon which every effective justice system is built. Without it, the very purpose of the law is undermined.
In his goodwill message, Akangbe, SAN, reminds us that lawyers are not merely practitioners but custodians of justice, entrusted with upholding the rule of law and preserving the integrity of legal institutions.
However, the message does not shy away from a hard truth:
when public confidence in the legal system erodes, the consequences are far-reaching. Citizens may begin to bypass lawful processes, turning instead to extrajudicial means in their quest for justice. In such a climate, the role of lawyers becomes diminished — retaining the title, but losing the essence and dignity of the profession.
This is a stark reminder that the decline of trust in the justice system is not just a legal issue — it is a societal one. A system without trust risks disorder and instability.
The path forward, as highlighted, requires a collective effort. Both the Bar and the Bench must take deliberate steps to rebuild and sustain public confidence. It is a responsibility that demands commitment, sacrifice, and accountability.
The message concludes with a note of optimism — that the efforts made today to restore trust will ultimately strengthen the profession and secure its future relevance.
As the NBA Gwagwalada Branch begins its Law Week, this serves as both a reflection point and a call to action for all stakeholders within the legal community.
We wish the Branch a successful and impactful Law Week.
by Legalnaija | Mar 3, 2026 | Blawg
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by Legalnaija | Feb 18, 2026 | Blawg
EFOSA EWERE, FCIS, FCIArb, ABR
Efosa Ewere is a distinguished dispute resolution lawyer, governance practitioner, and licensed insolvency professional with two decades of experience advising corporates, financial institutions, boards, and private clients across Nigeria’s commercial landscape.
She is the Managing Partner of Gravida Attorneys, where she leads the firm’s civil and commercial practice, overseeing complex litigation, arbitration, mediation, corporate governance advisory, insolvency, intellectual property, real estate transactions, employment matters, probate, and structured debt recovery. Her practice is defined by strategic clarity, disciplined case management, and the innovative integration of technology in dispute resolution.
Efosa is a Fellow of the Institute of Chartered Secretaries and Administrators of Nigeria (ICSAN), a Fellow of the Chartered Institute of Arbitrators (UK) Nigeria Branch (CIArb), a Fellow of the Business Recovery and Insolvency Practitioners of Nigeria (BRIPAN), and a Fellow of the Institute of Construction Industry Arbitrators. She is an Accredited Insolvency Practitioner licensed by the Corporate Affairs Commission of Nigeria and is appointed as a Notary Public by the Supreme Court of Nigeria.
Her insolvency and restructuring practice includes advisory and formal appointments in liquidation and recovery proceedings, where she provides pragmatic restructuring strategies and creditor-focused solutions. In governance, she serves as External Company Secretary to corporate entities, advising boards on regulatory compliance, corporate governance frameworks, board evaluations, directors’ induction processes, and statutory obligations.
Beyond practice, Efosa plays a prominent leadership role within the professional community. She currently serves as Chairman of the Lagos State Chapter of the Institute of Chartered Secretaries and Administrators of Nigeria. She is also a Council Member and General Secretary of the Business Recovery and Insolvency Practitioners of Nigeria, and Chairman of the BRIPAN Future Insolvency Leaders Forum. Recognised for her strategic insight, institutional leadership, and multidisciplinary strength across dispute resolution, governance, and insolvency, Efosa is trusted by clients for her measured judgment, discretion, and results-driven advocacy.
by Legalnaija | Feb 14, 2026 | Blawg, Uncategorized
The Faculty of Law, University of Lagos, has unveiled a newly renovated Law Annex Lecture Hall in honour of His Excellency, Justice George A. Oguntade, a retired Justice of the Supreme Court of Nigeria, in a ceremony that brought together eminent jurists, academics, legal practitioners, and government officials.
The event, held at the university’s Faculty of Law, highlighted the institution’s commitment to strengthening legal education and preserving the legacy of distinguished figures who have shaped Nigeria’s justice system. Leading the ceremony was the Dean of the Faculty of Law, Prof. Abiola Sanni, who described the renovation project as both a symbolic and practical investment in the future of legal scholarship.
Among the dignitaries present were the Chief Judge of Lagos State, Justice Kazeem Olanrewaju Alogba, the Deputy Vice-Chancellor (Development Services), Prof. Foluso Ebun Lesi, who represented the Vice-Chancellor of the university, and Senior Advocates of Nigeria, Chief George M. Oguntade; Mrs Folashade Alli, Prof Lanre Fagbohun, Chief Bolaji Ayorinde and Prof Dayo Amokaye. Their presence underscored the significance of the occasion within both academic and judicial circles.
Speaking at the unveiling, speakers reflected on the remarkable contributions of Justice Oguntade to the Nigerian judiciary, legal jurisprudence, and mentorship of younger legal minds. The renovated facility, they noted, is designed to provide a more conducive learning environment for law students and to further enhance teaching and research activities within the faculty.
The ceremony also attracted senior legal scholars and public office holders, including Hon. Dayo Bush-Alebiosu, Commissioner for Waterfront Infrastructure Development in Lagos State, who is also one of the donors, Prof. Taiwo Osipitan SAN, and legal practitioner Mr. Olugbenga Ajala, Esq., who as the covener of the initiative spoke on behalf of the donors and whose attendance reinforced the strong collaboration between the legal profession and academic institutions in advancing legal education.
In his remarks, Justice Oguntade expressed appreciation for the honour bestowed on him, describing it as a profound recognition of his lifelong commitment to justice, integrity, and service. He urged students of law to pursue excellence and uphold ethical standards in their future careers, noting that the strength of the legal system depends largely on the character and diligence of those who serve within it.
The unveiling of the renovated Law Annex Lecture Hall marks another milestone in the Faculty of Law’s ongoing efforts to modernize its infrastructure and improve learning facilities. Stakeholders at the event emphasized that such initiatives not only preserve institutional heritage but also inspire the next generation of legal practitioners.
The ceremony concluded with a guided tour of the upgraded lecture hall and a renewed call for continued partnerships that will strengthen legal education and uphold the values of justice and rule of law in Nigeria.
by Legalnaija | Feb 10, 2026 | Blawg
Young lawyers across Nigeria can now register for the landmark initiative by Senior Advocate of Nigeria and former Chairman of the NBA Lagos Branch, Yemi Akangbe, SAN, which provides complimentary access to the NWLR online platform for 25,000 practitioners between 0–7 years at the Bar on a first-come, first-served basis.
The registration portal went live today, marking the commencement of what is set to be one of the most significant interventions in legal professional development in recent years. Eligible lawyers can now register at https://tinyurl.com/YemiNWLR to access the platform, which ordinarily costs N50,000 per user annually. With only 25,000 slots available, young lawyers are advised to register promptly to secure their access.
The initiative, procured by Akangbe in partnership with Nigerian Law Publications Ltd, publishers of the Nigerian Weekly Law Reports (NWLR), is designed to remove financial barriers that prevent young practitioners from accessing essential legal research tools. The NWLR platform, recognised as Nigeria’s foremost law reporting service, houses decades of authoritative case law and judicial precedents critical to effective legal practice.
The programme reflects the philosophy of the late Chief Gani Fawehinmi, SAN, who championed the democratisation of legal knowledge throughout his career. Fawehinmi believed that excellence in legal practice could not flourish where access to knowledge was restricted by economic barriers, a conviction that Akangbe has now translated into concrete action for the digital age.
With thousands of new lawyers called to the Bar annually, many find themselves unable to afford comprehensive legal databases despite their centrality to quality legal work. By personally bearing the full cost of subscriptions for 25,000 young lawyers, Akangbe has demonstrated extraordinary commitment to the professional development of the next generation and the future of Nigeria’s legal system.
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The NWLR online platform provides access to reported judgments of Nigeria’s superior courts, enabling practitioners to study judicial reasoning, track the evolution of legal principles, and deliver well-researched advice and advocacy for their clients. For young lawyers in the crucial first seven years of practice, this access can prove transformative in establishing solid foundations for their careers.
The registration process has been designed to be straightforward and inclusive, ensuring that all eligible practitioners within the 0–7 year post-call bracket can benefit. However, with the initiative operating on a first-come, first-served basis, young lawyers are strongly encouraged to register immediately at https://tinyurl.com/YemiNWLR to secure their spot among the 25,000 beneficiaries.
The initiative has been met with overwhelming enthusiasm from young practitioners across the country, with many describing it as a timely intervention that will significantly enhance their capacity to conduct thorough legal research and serve their clients effectively.
As Nigeria’s legal profession continues to expand, Akangbe’s substantial personal investment sets a new benchmark for leadership and demonstrates what is possible when senior practitioners translate their concern for the future of the Bar into concrete, transformative action.
Eligible lawyers are advised to visit https://tinyurl.com/YemiNWLR immediately to complete their registration and gain access to Nigeria’s premier law reporting platform before all 25,000 slots are filled.
by Legalnaija | Feb 9, 2026 | Blawg
Introduction
Creativity is no longer a side conversation in Nigeria; it is a major economic driver. From music and film to digital content, fashion, and visual arts, creative works now sit at the intersection of culture, commerce, and investment. As the sector grows, so does the need for legal structures that protect creators, reassure investors, and regulate exploitation. Nigeria, like many jurisdictions, has enacted laws to govern the creative and entertainment space, with the intention of protecting creators, consumers, investors, and other stakeholders alike.
Beyond statutes, contracts remain the primary vehicle through which parties structure their relationships. Nigerian courts have consistently affirmed that parties are bound by the terms of their agreements, provided such terms are not inconsistent with the law. Where rights are breached—whether contractual or statutory—the law provides remedies. In theory, therefore, the framework for protecting creators is robust. In practice, however, the problem is rarely the absence of law or contracts; it is enforcement. Piracy persists, contractual breaches are commonplace, and litigation is often slow, expensive, and commercially draining. These realities weaken creators’ confidence and, more importantly, discourage structured investment into the creative economy.
Contracts: Where Enforcement Begins—and Often Fails
In an era where creative output is increasingly commercialised, it is surprising that many creators still enter work arrangements without clear, professionally drafted agreements. A well-drafted contract clarifies ownership, revenue sharing, royalties, duration, and exit rights, and significantly reduces enforcement disputes. Conversely, vague or informal arrangements leave parties relying on implied terms and goodwill, both of which offer limited protection when disputes arise.
A recurring issue in creative contracting is the failure to clearly define ownership and royalty structures. This omission often leads to disputes over intellectual property, revenue entitlement, and control of works long after the relationship has ended. Equally problematic are so-called “backdoor agreements” and one-sided standard form contracts imposed by dominant industry players. These agreements may technically be valid but are structured to shift risk almost entirely onto creators, leaving them with limited bargaining power and little room to enforce their rights.
Even where contracts are properly drafted, enforcement remains a challenge. Delays in litigation, cost of legal representation, evidentiary burdens, and power imbalances between parties often mean that creators abandon valid claims. In effect, contractual rights exist on paper but are commercially difficult to vindicate.
Compliance: The Silent Weak Link
Nigeria has several regulatory and administrative bodies tasked with protecting and regulating creative works. These include the Nigerian Copyright Commission (NCC), the Corporate Affairs Commission (CAC), and approved collecting management organisations. These institutions are designed to support enforcement through registration, licensing, monitoring, and rights administration.[3]
However, compliance remains weak on both sides. Many creators are unaware of registration requirements, collective management structures, or reporting mechanisms that could strengthen their enforcement position.[4] On the institutional side, enforcement agencies are often under-resourced and insufficiently accountable, resulting in inconsistent monitoring and limited deterrence against infringement.[5] Creativity may be artistic in nature, but it is also a commercial asset. Without a stronger compliance culture, neither creators nor investors can fully benefit from the value chain.
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Why Court-Based Enforcement Is Often Unrealistic
Litigation has traditionally been the default mechanism for enforcing rights, but it is ill-suited to the realities of the creative industry. Despite reforms such as small claims procedures and specialised court divisions, court processes remain slow and adversarial.[9] Creative disputes often require urgent intervention—particularly in cases involving royalties, ongoing exploitation, or reputational harm. Prolonged litigation can outlive the commercial value of the work in dispute.
Additionally, public court proceedings may expose sensitive commercial information and damage business relationships. For creators whose careers depend on collaboration, reputation, and public perception, a legal victory may still result in long-term commercial loss.[10]
The Case for ADR in Creative Disputes
Alternative Dispute Resolution (ADR) offers a more practical and commercially sensitive approach to enforcing creators’ rights. Mediation and arbitration allow parties to resolve disputes confidentially, efficiently, and with greater control over outcomes. In a relationship-driven industry, ADR preserves professional relationships while still providing enforceable outcomes.
ADR is particularly suited to creative disputes because of its flexibility. Parties can appoint neutrals with industry expertise, agree on timelines, and craft remedies that go beyond monetary compensation. Rather than a compromise, ADR represents a strategic enforcement tool that aligns legal protection with commercial realities.
Structuring Creative Deals with ADR in Mind
Effective enforcement begins at the contracting stage. Creative agreements should incorporate clear dispute resolution clauses that prioritise negotiation and mediation before escalation to arbitration or litigation. ADR mechanisms should also be considered during contract performance and not only after disputes arise. By embedding ADR into the lifecycle of creative transactions, parties create a predictable and investor-friendly framework for resolving conflict.
Recommendations
Strengthening enforcement in the creative sector requires a shift in mindset rather than wholesale legal reform. Creators must take contracting seriously and engage legal advice early, particularly on ownership, royalties, and dispute resolution. Regulatory agencies should adopt more transparent, technology-driven monitoring systems and actively promote ADR as a first-line enforcement mechanism. Investors and platforms, on their part, should prioritise fair contracting and compliance as part of risk management. Ultimately, a culture that treats creativity as both art and business will better protect rights, attract investment, and sustain growth.
Conclusion
Nigeria’s creative industry stands at a critical point. The laws exist, contracts are commonplace, and talent is abundant. What remains is the ability to enforce rights in a manner that is timely, commercial, and sustainable. By strengthening contracts, improving compliance, and embracing ADR, creators can move from paper rights to practical protection, and the industry can evolve into a truly investible ecosystem.
References
- Copyright Act, 2022 (Nigeria). Provides statutory protection for literary, musical, artistic, audiovisual works, sound recordings and broadcasts, including civil and criminal remedies for infringement.
- G. Rivers State v. A.G. Akwa Ibom State (2011) 8 NWLR (Pt.1248) 31. Authority on the sanctity of contracts and the binding nature of agreements freely entered into by parties.
- Best (Nig.) Ltd v. Blackwood Hodge (Nig.) Ltd (2011) 5 NWLR (Pt.1239) 95.
Reaffirms the principle that courts will not rewrite contracts for parties.
- B.N. Ltd v. Ozigi (1994) 3 NWLR (Pt.333) 385. On freedom of contract and the enforceability of contractual obligations.
- Nigerian Copyright Commission (NCC) – Establishment and enforcement powers under the Copyright Act, 2022.
- National Film and Video Censors Board Act, Cap N40, Laws of the Federation of Nigeria 2004. Regulates film and video content distribution in Nigeria.
- Nigerian Broadcasting Commission Act, Cap N11, Laws of the Federation of Nigeria 2004.
Governs broadcasting standards, licensing, and content regulation.
- Arbitration and Mediation Act, 2023 (Nigeria). Provides the modern legal framework for arbitration and mediation in Nigeria and supports the enforceability of ADR outcomes.
- Small Claims Court Laws and Practice Directions (Lagos State and other jurisdictions).
Introduced to reduce cost and delay in litigation, though with limited applicability to complex creative disputes.
- UNCITRAL Model Law on International Commercial Arbitration (as adopted in Nigeria).
Influences arbitration practice and enforcement standards applicable to commercial and creative disputes.
Martha Osarugue Obakpolor is a results-driven legal practitioner and the Principal Partner of McCharis Legal Consult. She has built a reputation for providing strategic legal solutions in corporate and commercial transactions, compliance, ADR, and advisory services. With experience advising businesses, investors, and creatives, Martha is recognized for her ability to simplify complex legal issues, manage risk, and protect client interests while supporting sustainable growth.
by Legalnaija | Feb 2, 2026 | Blawg
Introduction
Artists, songwriters, producers and other stakeholders in the music and entertainment industries must comprehend the nuances of master and publishing rights. Each of these two separate but related rights governs distinct elements of a musical composition each with its own sources of income and legal ramifications.
Understanding Master and Publishing Rights
In the context of sound recordings master rights refer to the ownership of a master recording. These are frequently owned by the organization that provides funding for the recording, which could be the artist if it was self-funded or a record label. How the recording is used, distributed and reproduced in the media is up to the owner of the masters rights. Synchronization licensing or sync licenses for the use of recordings in movies or advertisements for instance is covered by master rights.
Important Legal Aspects of Masters Rights.
Under copyright legislation master rights serve as the cornerstone for the protection, commercialization and distribution of sound recordings. These rights comprise the established legal precedents pertaining to ownership duration licensing terms and the laws regulating their application and implementation.
- Ownership of Master Rights
- i) Artist Ownership
Frequently, independent musicians keep their master rights which allows them to control how the recording is used and receive full payment.
Control over Creativity and Finances.
Independent artists don’t require any permission from third party organizations to license their recordings for use on streaming services and sync partnerships along with other uses. By maintaining the master rights, they are better able to control the terms of use pricing and distribution methods for their songs.
The Difficulties Faced By Independent Artists:
While the master rights ownership is admittedly a more freeing and artistically inclined experience, it also means that the artist will have to be ready to cover the bills that come with production, marketing and distribution. Independent artists just starting out will most likely not have access to the resources and finances readily available in record labels, possibly restricting their capacity to succeed financially and gain market share.
- ii) Label Ownership
Artists often enter into contracts with record labels that include the acquisition of master rights. Some labels consider this to be an important part of the negotiation process and will not take no for an answer. The labels contribute to the cost of professional production marketing initiatives, distribution networks and recording sessions while the artists transfer ownership of their master recordings to the label either permanently or temporarily in return.
Revenue Sharing:
Artists are usually paid royalties on the earnings earned from the master recordings. Although the percentage varies depending on the contract many artists get between 10 and 20 percent of net profits. Labels maintain control of the majority stake which they defend as payment for their investment. Certain contracts contain clauses that let artists reclaim their master rights after a predetermined period of time or after fulfilling specific requirements.
- Duration of Master Rights.
The term of protection for master rights differs by the local jurisdiction, although it is usually for several decades.
International Standards (the Berne Convention):
The Berne Convention, which unifies copyright regulations among participant countries, establishes a 50-year period of protection for sound recordings starting from the date of publication. This time frame is extended by many nations such as the European Union to 70 years following the release of the recording or the death of the inventor.
Copyright laws in the United States:
For 85 years following publication or 120 years following invention whichever comes first, sound recordings made in the United States after February 15, 1972 are protected. Depending on state legislation and federal changes older recordings may be subject to different standards.
Understanding Publishing Rights
Conversely, the underlying composition—the melody arrangement and lyrics—is covered by publishing rights. Typically publishers and songwriters own these rights. They have authority over the works’ public performances, distribution and reproduction. Publishing rights are involved when a composition is licensed for covers or movie adaptations.
- Split ownership of publishing rights.
A music publisher and the songwriter or songwriters often share publishing rights which leads to a division of duties and royalties.
Songwriters’ Ownership:
Due to their role in the creation of the composition (melody and lyrics), songwriters are still entitled to publishing rights. This share could be anywhere between fifty percent and the majority of the rights depending on the terms of the contract. Ownership is divided equally among many songwriters who work together and this needs to be recorded in a split sheet to prevent disputes.
Earnings:
Songwriters are compensated with royalties for their synchronization, performance and mechanical rights. The role of the publisher may also give them administrative control over the licensing of their compositions.
Music Publishers’ Role in Ownership
Publishers manage the market, promotion and profit from the composition in return for a share of the rights. Among their duties are licensing the composition, obtaining synchronization and cover opportunities and collecting royalties.
Standard splits:
Songwriters and publishers typically share publication rights 50/50 but this is not always the case. Self-publishing independent songwriters keep all rights but they are also in charge of all marketing and administrative duties. In foreign markets the composer may be represented by sub-publishers who will keep a share of the publisher’s profits while permitting local licensing and royalties to be collected.
Examples of Legal Cases.
There have been notable court cases pertaining to publishing rights most of which have involved ownership transfers, license conditions and royalties.
Music Mills Inc. v. Snyder in 1985.
The Supreme Court considered a publisher’s right to retain a share of earnings from derivative works produced after the songwriter terminated the initial transfer of rights. The idea that the original creator maintains complete ownership of any rights that are terminated was upheld by the Court’s ruling in favor of the songwriter.
Williams v. Gaye (2018): A Case of Blurred Lines.
A lawsuit was filed against Robin Thicke and Pharrell Williams for allegedly violating Marvin Gaye’s song Gotta Give It Up. The court found that there had been a violation of Gayes publishing rights and granted significant damages.
Conclusion
Intellectual property in the music industry is complicated as demonstrated by the relationship between master and publication rights. Participants need to be well-informed about these rights and their legal basis in order to optimize profits and reduce disputes. In order to guarantee fair and sustained business growth as the digital music economy develops these challenges must be addressed by robust legal frameworks and open processes.
Eniola Sultan Olatunji is a final-year law student of the University of Ibadan, and an aspiring corporate lawyer with a focus on Entertainment, Data Privacy, and Commercial Law. A talented writer, Eniola looks forward to working with top companies in the nearest future.
Sources
- Bolero Music: “Master vs Publishing Rights in Music IP” https://www.boleromusic.com/blog/master-vs-publishing-rights-music-ip
- Releese Help Center: “What is the difference between master rights and publishing rights? https://support.releese.io/hc/en-us/articles/23100485505947-What-is-the-difference-between-master-rights-and-publishing-rights
- Icon Collective: “How Music Royalties Work in the Music Industry” https://www.iconcollective.edu/how-music-royalties-work
- Case law: Mills Music, Inc. v. Snyder (1985), Grand Upright Music, Ltd. v. Warner Bros. Records Inc. (1991) https://en.wikipedia.org/wiki/Grand_Upright_Music,_Ltd._v._Warner_Bros._Records_Inc
- U.S. Copyright Office – Circular 56A: Copyright in Sound Recordings https://www.copyright.gov/circs/circ56a.pdf
