by Legalnaija | Jul 3, 2024 | Blawg
Are you planning to attend the Annual General Conference (AGC) with your colleagues, we’ve got great news for you!
We have streamlined the group registration process to make it easier and more efficient for you. Note that you can only make Group Registration for not less than *10 persons*.
Here’s how you can get *your group of 10 people and above* registered seamlessly:
1. Download the Template
Simply scan the QR code on the flier to download the Excel template for group registration.
Submit the Document
2. Complete the Excel document with your list of delegates and email it to conference@nigerianbar.org.ng.
3. Invoice Generation
Once submitted, an invoice with the total amount payable will be sent to you.
Get Your Receipt.
Each receipt will be generated and sent to all members of your group individually.
4. Payment
The amount indicated on the invoice is to be paid into the designated account contained in the invoice. After payment, patiently wait for your payment to be processed. When the payment is processed, a confirmation email will be sent to you.
Your group is now registered!
Details on where and how to collect the name tags for your group at the conference will be emailed to you not later than a week before the conference.
Important: All lawyers in your group who have not already signed up on the NBA portal should visit portal.nigerianbar.org.ng and complete the onboarding process before group registration.
Don’t miss this opportunity to engage, learn, and network with the best in the legal profession. Act now and ensure your group’s participation in this landmark event.
For more information and assistance, please contact us at +2348149992919.
Let’s press forward together to rebuild Nigeria!
Stay connected with us:
Facebook: @nbaconferenceNG
Twitter: @nbaconference2024
Instagram: @nbaconference2024
Hashtags: #nbaconference2024 #pressingforward
by Legalnaija | Jul 2, 2024 | Blawg
Are you a lawyer? Have you met Charles Ajiboye? Charles is the Executive Partner at The Penthouse Law and is currently serving as the Assistant Publicity Secretary of the Nigerian Bar Association (NBA), and in that role, he has been very integral to the successes of the publicity secretariat under the current National Executive.
To mention a few here are a few of what Charles has contributed to the NBA as a member of the NBA Publicity team;
- It is on record that the publicity team in which Charles is an integral member has revived the NBA Newsletter.
- It is also on record that the NBA publicity team has reorganized how emails are sent to members in compliance with current privacy laws of the country and in compliance with global privacy policies. Now members are free to determine which emails they receive and which emails they do not receive. There is backend data that can monitor open rates, unsubscribing rates, and all sorts to ensure efficiency.
- It is also on record that this is the first time in recent history in the NBA that an Assistant Publicity Secretary will be appointed as Alternate -chairman of the Media and Publicity Subcommittee of the Annual General Conference 2024. This is a testament and a proof of the enormous contribution that Charles brought to bear in the 2003 Abuja Annual General Conference.
- It is also on record that Charles has saved the Nigerian Bar Association several millions of Naira by his unusual ability to anchor, moderate and compare events. He has done this at scores of events for the Nigerian Bar Association at no cost at all, both at the branch level, at the section level, at NBA committees level, and even at the level of the National Executive Council.
5. It is on record that this current publicity team re-invogorated the social media accounts and Charles who manages the Instagram account got the account to be verified to ensure that the information that are on the NBA Instagram official handle are trusted.
6.Charles also raised the followership of lawyers on that IG account from less than 2,000 when he took over the account to over 7,000 followers now organically without one single financial investment from the NBA.
7. The current Publicity team also raised the Twitter account following from about 20,000 when the administration took over to over 41,000 now without any form of sponsorship, just by creative ideas and engagement.
8. Members can now follow NBA stories and news without any form of distractions through the WhatsApp channel which this Publicity team created.
9. Furthermore, there has now been a set up of an NBA blog and so lawyers are no longer tied to reading news only from NBA bloggers but the NBA now has an official blog which Charles has sufficiently managed under this current publicity team.
In addition to all of this, Charles has been a front line barman, an activist by excellence. He was at the forefront of the enforcement of the court boycott order when the NBA decided to boycott the court in protest to the illegal removal of the Chief Justice of Nigeria. Charles was also a front line barman and was part of those who led the activism that led to the reversal of the infamous land use charge in Lagos State. Charles has been part of several protests and activism against injustice, oppression of people and Nigerian lawyers, especially those that have been brutalized in the past by law enforcement agencies. He has been part of meetings and petition writing, litigation and the defense of the rights of many individuals.
There is no doubt that the Nigerian Bar Association needs Charles Ajiboye’s experience which has been garnered over the years in different roles both within and outside the NBA. As lawyers are gearing to the poll in less than three weeks, all lawyers are enjoined to vote Charles Ajiboye overwhelmingly as the National Publicity Secretary of the Nigerian Bar Association. The NBA will be greater for it.
#BetterGlobalPerception #CharlesAjiboye
by Legalnaija | Jul 2, 2024 | Uncategorized
The Nigerian Bar Association Section on Business Law (NBA-SBL) concluded its 18th Annual International Business Law Conference on the 28th June, wrapping up a series of dynamic and informative sessions designed to empower legal practitioners and businesses. Themed “Survive and THRIVE,” the conference provided attendees with critical insights into various aspects of business law and the economy.
The day began with breakout sessions:
Breakout Session 1: Tackling the Power Deficit – Is Renewable Energy the Solution?
Moderated by Mrs. Dolapo Kukoyi, this session explored renewable energy as a potential solution to Nigeria’s power deficit. Speakers included Mr. Seyi Bioku (virtual attendance), Mr. Dafe Akpeneye, Ms. Ozim Ifeoma Ibeziako, Ms. Ozioma Agu, and Mr. Abba Aliyu.
Breakout Session 2: Infrastructure Development and Economic Sustainability – A Case for Special Economic Zones
Moderated by Mr. Dapo Oduwole, this session examined the role of special economic zones in driving infrastructure development and economic sustainability. Panelists included Dr. Olufemi Ogunyemi, Mrs. Bolatito Ajibode, Mr. Mu’azu Musa Sahabi, Mr. Abiola Osho, and Mr. Yomi Ademola.
Breakout Session 3: Cybersecurity & Data Privacy in the Age of AI – Legal Considerations
Moderated by Mr. Olatunji Muritala, this session focused on the legal implications of cybersecurity and data privacy in the era of artificial intelligence. Speakers included Mr. Olumide Babalola, Ms. Rachel Magege (virtual attendance), Mr. Noble Obasi, Mrs. Ngozi Aderibigbe (virtual attendance), Mr. Victor Famubode, and Ms. Adamma Isamade.
Breakout Session 4: Balancing Act – Responsible Gambling Regulation in a Thriving Sports Betting Industry
Moderated by Mr. Ayokunle Adetula, this session addressed the regulatory challenges and responsibilities associated with the booming sports betting industry. Panelists included Mr. Lanre Gbajabiamila, Mrs. Beverly Agbakoba-Onyejianya, Mr. Layi Onafowokan, and Mr. Chizenum Nsitem.
Breakout Session 5: Unlocking the Potential of Real Estate Investment Trusts in Nigeria
Moderated by Mr. Ismaila Usman, this session delved into the opportunities and challenges in Nigeria’s real estate investment trust sector. Speakers included Hajiya Saadiya Aliyu Aminu, Mr. Ezekiel Nya-Etok, Mr. Gbenga Ismail, and Hajiya Sa’adatu Aliyu.
Breakout Session 6: The Untapped Potential of the Blue Economy
Moderated by Ms. Kashimana Tsumba, this session explored the blue economy’s potential in Nigeria and how it will help the governments create huge opportunities which in turn will create new sources of revenue that may contribute to the implementation of development plans and reduce donor dependency on national budgets. It featured insights from Dr. Emeka Akagbogu, Mr. Olanrewaju Badmus, Ms. Boma Alabi, OON, SAN, Ms. Joy Asanga-Dimka, and Mr. Jibril Abba.
Following the breakout sessions was Plenary Five: Session with Past NBA-SBL Chairs. Moderated by Ms. Ozofu Ogiemudia vice chair NBA-SBL, the session reflected on the NBA-SBL’s past achievements and future directions. Mr. George Etomi, founding chairman of the SBL, reminisced about the organization’s inception and expressed joy at its growth.
He attributed the success of the SBL to hard work and dedication and commended the current chairman and planning committee for organizing an excellent conference. Mr. Adeoye Adefulu also shared his positive reflections on his SBL’s journey and encouraged young lawyers to engage actively, stating that the future of the SBL lies in their hands.
Next was Plenary Six: Mental Health – Moment of Truth: Are We Burning Out?
Moderated by Ms. Sylvia Nzekwu, this session addressed mental health and burning out in the legal profession, particularly in light of the current economic situation. Insights were provided by Mr. Omoruyi Edoigiawerie, Ms. Maimuna Ummi, Ms. Ayodele Adeyemi-Faboya, Ms. Tosin Ajose, Ms. Oyiza Salu, and Mr. Jamiu Akolade. The session encouraged attendees, especially young lawyers, to stay focused and resilient in their careers and to seek therapy if needed.
Following this were the conference debates. The day concluded with 2 lawyers winning the Tare Yeri Award and 1 winning the Oludamola Awobokun Recognition. The Tare Yeri Award was for dedication, selfless contribution and unwavering commitment towards the development of the NBA-SBL. While the Oludamola Awobokun Recognition was for embodying diligence, consistency, hard work, and efficiency in the NBA-SBL. Closing remarks and recognitions by the CPC Chair, Ose Okpeku and the NBA-SBL Chairman, Mr. Adeoye Adefulu, marked the official end of the conference. The conference ended on a high note in a lively celebration party for the NBA-SBL’s 20th anniversary.
The NBA-SBL remains committed to providing a platform for legal professionals to exchange knowledge and foster growth in the field of business law.
For further information and updates on the conference, visit the NBA-SBL website at www.nbasbl.org or contact the Conference Secretariat at info@nbasbl.org. Follow us on social media platforms to stay updated. Please visit NBA-SBL on Instagram – @nbasbl and Twitter – @nbasblofficial.
by Legalnaija | Jun 28, 2024 | Blawg
The Nigerian Bar Association Section on Business Law (NBA-SBL) continued its 18th Annual International Business Law Conference on the 27th of June, 2024, marking the first full day of the event. Themed “Survive and THRIVE,” the conference is designed to equip legal practitioners and businesses with the tools and knowledge to navigate the complexities of the modern economic landscape.
The event began with a welcome address from the CPC Chair, Mr. Ose Okpeku. In his opening remarks, Mr. Okpeku emphasized that “Survive and THRIVE” is not just a theme but a positive affirmation and a mantra. He highlighted the organization’s ongoing efforts to create value for its members, ensuring they not only survive but thrive. He urged the speakers to provide honest and critical insights that attendees could use to develop strategies for success.
Following the welcome address, a keynote address was delivered by H.R.H. Dr. Sanusi Lamido Sanusi, OON, represented by Alhaji Suleiman Barau, OON. Dr. Sanusi praised the conference theme, noting its relevance in today’s economy. He discussed the roles of government, businesses, and individuals in fostering survival and growth, emphasizing the need for a mindset shift and cultural change. He also highlighted the importance of cost management in financial planning and encouraged businesses to explore untapped opportunities.
Next, Dr. Tayo Aduloju, CEO of NESG, delivered a guest speech. Dr. Aduloju stressed the importance of delivering measurable and tangible outcomes that positively impact citizens. He noted that for organizations to thrive in this economy, they would need to first stabilize; and for their ideas to yield results, it would need to be properly sequenced.
Following this speech were plenary sessions which covered a range of critical topics:
Plenary One: Capital Markets – Reviving the Nigerian Economy: The Capital Markets to the rescue. This was moderated by Ms. Olubukola Olabiyi, the session featured discussions on reviving the Nigerian economy through capital markets, with insights from experts including Ms. Ummahani Amin, Ms. Mabel Okereke, Ms. Abiola Adekoya, and Ms. Frana Chukwuogor.
Plenary Two: Cultivating prosperity: Is Agriculture our lifeline? This session was moderated by Mr. Fidelis Adewole, this session explored strategies and banking infrastructures that can be adopted to promote agricultural storage in Nigeria. Speakers included Dr. Kabir Yusuf, Sen. Saliu Mustapha, Mr. Aminu Nyako, and Ms. Affiong Williams.
Plenary Three: Tech & Innovation: Twin tools for surviving and thriving. This session, moderated by Mr. Basil Udotai, focused on how technology and innovation can help legal practitioners and businesses survive and thrive. Panelists included Mr. Adeleke Alex-Adedipe, Mr. Kazeem Oladepo, Mr. Muyiwa Matuluko, and Ms. Sumbo Akintola.
Plenary Four: Legal Practice Management: Prospects and challenges for legal practice in Nigeria. Moderated by Mrs. Rebecca Ebokpo, this session addressed the prospects and challenges of legal practice in Nigeria. Attendees were urged to work towards offering so much value in their career such that it meets international standards. Esteemed speakers such as Mr. George Etomi, Ambassador Yonov Fred Agah, Ms. Taiwo Afonja, and Mr. Defolu Olufon shared their perspectives on this.
The day concluded with the recognition of sponsors, closing remarks, and the much-anticipated “Lawyers Got Talent 2.0,” which showcased the diverse talents within the legal community.
As the conference progresses to Day 2, which doubles as the final day, participants can anticipate more insightful discussions, breakout sessions, and networking opportunities. The NBA-SBL remains committed to providing a platform for legal professionals to exchange knowledge and ideas, fostering growth and innovation in the field of business law.
For further information and updates on the conference, visit the NBA-SBL website at www.nbasbl.org or contact the Conference Secretariat at info@nbasbl.org. Follow us on social media platforms to stay updated. Please visit NBA-SBL on Instagram – @nbasbl and Twitter – @nbasblofficial.
by Legalnaija | Jun 27, 2024 | Blawg
As legal professionals, our ability to communicate effectively through written documents and oral advocacy is paramount. Whether you’re drafting contracts, motions, or presenting your case in court, honing your legal writing and advocacy skills is essential.
Legal writing is any type of writing within the legal profession that aims to convey legal information to others. It is characterized by clarity, conciseness, and accuracy. Good legal writing offers several advantages:
Credibility: Clear, well-structured writing enhances your professional reputation.
Effective Communication: It ensures your arguments are understood by judges, lawyers, and clients.
Winning Cases: Precise writing reduces ambiguity, increasing your chances of success.
Client Attraction: Demonstrating legal expertise through writing can attract clients.
Let’s dive into some practical tips:
a. Clarity and Precision:
– Know Your Audience: Consider who will read your document—clients, judges, or opposing counsel. Use plain language and avoid jargon.
– Be Concise: Eliminate unnecessary words. Short sentences are powerful.
– Structure Matters: Organize your document logically. Use headings, subheadings, and bullet points.
b. Legal Research:
– Thoroughness: Research extensively to support your arguments. Use reliable sources.
– Cite Properly:Follow citation rules (e.g., Bluebook for legal citations).
c. Persuasive Writing:
– Issue Framing: Clearly state the legal issue. Use a concise question format.
– Rule Application: Apply legal rules to the facts. Explain how they support your position.
– Analogies and Precedents: Use relevant cases or analogies to strengthen your argument.
– Counterarguments: Address opposing viewpoints. Show why they fail.
Remember, legal writing and advocacy are skills that improve with practice. Seek feedback, learn from experienced lawyers, and adapt your approach based on the context. To get more resources for your legal practice, visit the lawyers online bookstore www.legalnaija.com/store
@Legalnaija
by Legalnaija | Jun 27, 2024 | Blawg
NBA SBL Kicks Off 18th Annual International Business Law Conference with Grand Opening Nigh
The Nigerian Bar Association Section on Business Law (NBA-SBL) commenced its 18th Annual International Business Law Conference on the 26th of June, 2024, marking the beginning of an event that promises to set new benchmarks in the legal profession. Themed “Survive and THRIVE,” this year’s conference is a beacon for legal practitioners and businesses navigating the complexities of the modern economic landscape.
The opening night, held at the Rainbow Event Marquee, was a celebration of art, heartfelt speeches, and intellectual exchange. The evening began with a stunning art exhibition, formally opened by Mr. Gbenga Oyebode, represented by Olujoke Aliyu. Attendees were treated to a vibrant display of creativity, setting a sophisticated tone for the events to follow.
Following the exhibition, SBL Chairman Dr. Adeoye Adefulu delivered a welcome remark. He emphasized the importance of survival in the face of challenges, stating, “Survival is not a dirty word. People undermine the importance of survival, especially given the challenges we face as a nation.” Dr. Adefulu urged lawyers and legal practitioners to adopt tactical approaches to surviving and thriving in the evolving landscape.
The evening continued with remarks by NBA President Y.C Maikyau SAN, who highlighted the necessity of resilience and foresightedness implicit in the theme “Survive and THRIVE.” He added, “We only survive to thrive,” encouraging attendees to remain purposeful and focused.’’
Next, the Attorney General of the Federation/Chief Justice of Nigeria, Mrs. Jumoke Oduwole, delivered a goodwill message. She urged legal practitioners to leverage recent key legislations, such as the Business Association Act signed into law in February 2023, and participate in ongoing reforms like the Omnibus Bill 2.0. She emphasized the importance of collaboration in supporting business reforms.
The highlight of the evening was the conference dinner speech by Mr. Ademola Akinrele SAN. Mr. Akinrele reflected on the high standards of the legal profession historically and called for unity among practitioners. He encouraged resilience and unity, stating, “The only basis to have business reforms is unity. If we show messianic zeal and a sense of togetherness, we will be surprised at the quantum of reform that can be achieved in Nigeria.”
The evening concluded with a sumptuous three-course meal, networking opportunities, a vote of thanks expressing gratitude to all participants and organizers, and an after-party allowing guests to unwind and celebrate the beginning of this significant event.
As the conference progresses, attendees can look forward to a series of panel discussions, plenary sessions, breakout sessions, and more keynote speeches from reputable individuals.
For further information and updates on the conference, visit the NBA-SBL website at www.nbasbl.org or contact the Conference Secretariat at info@nbasbl.org. Follow us on social media platforms to stay updated. Please visit NBA-SBL on Instagram – @nbasbl and Twitter – @nbasblofficial.
by Legalnaija | Jun 26, 2024 | Blawg
Join the Excitement at the NBA 2024 Annual General Conference Sports Events!
Get ready to showcase your athletic prowess and competitive spirit at the 2024 Annual General Conference of the Nigerian Bar Association.
This year’s conference promises not only intellectual stimulation but also an array of thrilling sports activities designed to foster camaraderie and healthy competition.
Sports Activities Include:
Football
Table Tennis
Swimming
Wheelchair Table Tennis
Chess
Scrabble
Prizes to be won:
FOOTBALL PRIZE MONEY (MALE & FEMALE CATEGORIES)
1st Prize – N2,000,000
2nd Prize – N1,500,000
3rd Prize – N1,000,000
TABLE TENNIS, WHEELCHAIR TABLE TENNIS & SWIMMING*
200,000.OO 1st Prize
150,000.OO 2nd Prize
100,000.OO 3rd Prize
CHESS & SCRABBLE
N150,000.OO – 1st Prize
N100,000.OO -2nd Prize
N75,000.OO -3rd Prize
Registration opens at: www.nigerianbar.org.ng/conference or send an email to agcpcsports@nigerianbar.org.ng.
Registration Timeline: Wednesday, 12th June 2024 to Friday, 12th July 2024
For enquiries, please contact: Tony Atata, Chair, NBA AGC 2004 Sports Sub-committee: *08032163006*
Olujimi Olujide-Poko: *07065455869*
Farida Umar Usman, Secretary, NBA AGC 2024 Sports Sub-committee –
08035811935
Do not miss out on this fantastic opportunity to engage with fellow lawyers outside the courtroom and enjoy a memorable conference experience filled with sportsmanship and networking. You can register for the 2024 Annual General Conference here: https://www.nigerianbar.org.ng/conference
Stay connected and follow us for updates:
Twitter: @nbaconferenceNG
Instagram: @nbaconference2024
Hashtags: #nbaconference2024 #PressingForward
by Legalnaija | Jun 24, 2024 | Blawg
Exciting Reasons Lawyers Should Attend the NBA Annual General Conference (AGC) 2024
The Nigerian Bar Association (NBA) Annual General Conference (AGC) is a must-attend event for legal professionals, and this year’s edition promises to be exceptional. Whether you’re a seasoned lawyer or a fresh graduate, here are compelling reasons why you should mark your calendar for this legal extravaganza:
1. Networking Opportunities
The AGC provides an unparalleled platform for networking. Lawyers from diverse practice areas, backgrounds, and regions converge to exchange ideas, collaborate, and build professional relationships. Don’t miss out on connecting with potential clients, mentors, and colleagues.
2. Cutting-Edge Legal Insights
Stay ahead of the curve by attending sessions led by renowned legal experts. Topics range from emerging areas of law to practical tips for improving your practice. Whether it’s intellectual property, contracts, or art law, you’ll find relevant sessions to enhance your legal knowledge.
3. Inclusive Sessions
This year’s AGC emphasizes inclusivity.
4. Friendship Center Fun
The Friendship Center isn’t just about breaks—it’s a hub of entertainment! Expect games, lounges, and networking. Vendors with exciting offerings can leverage the huge traffic at the center.
Who knew legal conferences could be this fun?
How to Register
Don’t miss the early bird deadline! With just **6 days** left, secure your spot by registering https://www.nigerianbar.org.ng/conference
Let’s make this AGC unforgettable!
Remember, legal knowledge is power, and the NBA AGC is where you’ll find it. See you there!
@legalnaija
by Legalnaija | Jun 23, 2024 | Blawg
Elevate Your Brand at the NBA 2024 Annual General Conference
Are you ready to make waves and showcase your cutting-edge innovations? Join us at the Nigerian Bar Association’s 2024 Annual General Conference from August 23-28, 2024, and be part of “Pressing Forward: A National Posture for Rebuilding Nigeria.”
Why Exhibit?
1. **Maximize Exposure**: Reach a diverse and influential audience of legal professionals.
Order on the Lawyers Bookstore
2. Network & Connect: Engage with key stakeholders, potential clients, and industry leaders.
3. Showcase Innovation: Highlight your products, services, and solutions to a targeted audience.
For exhibition inquiries, contact:
👩💼 Abigail Aladejare: 08025689076
👩💼 Gloria Etim: 08128112498
📧 Or send an email to: exhibition@nigerianbar.org.ng
Don’t miss this unparalleled opportunity to **transform your brand**. Secure your spot now and be part of this game-changing event!
#legalnaija #nbaagc2024
by Legalnaija | Jun 20, 2024 | Uncategorized
INTRODUCTION
In Nigeria, there are several laws and regulations that govern art transactions and art laws, such as the Sale of Goods Act, the Copyright Act, the National Gallery of Art Act, the Value Added Tax Act, the Customs and Excise Management Act, etc.
- CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (as amended)
Section 21 of the constitution provides that the state shall protect, preserve and promote the Nigerian cultures, which enhance human dignity. It also provides that the state shall encourage development of technological and scientific studies which enhance cultural values.[1]
Section 44(1) of the constitution guarantees the right to own and acquire movable property in Nigeria. Thus a person has a right to purchase and own an art work in Nigeria.
- SALE OF GOODS ACT, 1893
Although artists create artworks to express their thoughts and emotions, selling these pieces is also a common practice. When an artist sells an artwork, a contract of sale sets out the terms and conditions of the transaction. This process involves various legal considerations governed by both general sales law and specialized art law. The Sales of Goods Act, 1893, is a key legislation regulating contracts of buying and selling in Nigeria. While it allows parties to set their own terms of agreement, it also provides certain implied terms to ensure fair and standard practices in sales contracts.
When artworks are bought and sold, the principles of the Sales of Goods Act often apply, but with specific considerations unique to art:
- Implied Terms and Quality: Determining whether an artwork meets implied terms can be complex due to issues of authenticity, condition, and provenance[2].
- Transfer of Property: Ownership and title transfer are critical, especially in ensuring there are no disputes over stolen art or unclear provenance[3].
- Warranties and Representations: Sellers often provide warranties about the authenticity and provenance of art, which can lead to significant legal issues if breached[4].
- Remedies: Buyers of art may seek rescission (cancellation) of the sale, damages, or other remedies if the artwork is found to be a forgery or misrepresented[5].
- COPYRIGHT ACT, 2022
The copyright Act is the major legislation that protects the rights of original creators and authors in Nigeria.
Section 1 of the act expressly states out the objectives of the Act to include;
- protect the rights of authors to ensure just rewards and recognition for their intellectual efforts ;
- provide appropriate limitations and exceptions to guarantee access to creative works ;
- facilitate Nigeria’s compliance with obligations arising from relevant international copyright treaties and conventions ; and
- enhance the capacity of the Nigerian Copyright Commission for effective regulation, administration, and enforcement of the provisions of this Act.
Section 2 of the Copyrights Act lists the categories of works eligible for Copyright in Nigeria. They include;
- literary works ;
- musical works ;
- artistic works ;
- audiovisual works ;
- sound recordings ; and
Section 10 of the Copyrights act provides that Subject to the exceptions specified in Part II of the Act, copyright in an artistic work shall be the exclusive right to do and authorise the doing of any of the following acts —
- reproduce the work ;
- publish the work ;
- include the work in an audiovisual work ;
- broadcast the work ;
- communicate the work to the public ;
- make the work available to the public by wire or wireless means in such a way that members of the public are able to access the work from a place and at a time individually chosen by them
- make any adaptation of the work and
- do in relation to an adaptation of the work any of the acts specified in relation to the work under subsection (1)(a), (b) and (c).
Section 14(1) (a) & (b) of the Copyright Act provides for the moral right of an artist. The author of a work in which copyright subsists has the right to claim authorship of his work, in particular that his authorship be indicated in connection with any of the acts referred to in sections 9, 10 and11of the Act, except when the work is incidentally or accidentally included in a broadcast when reporting current events. The author of a work also has the right to object and to seek relief in connection with any distortion, mutilation or other modification of, and any other derogatory action in relation to his work.
Section 17 of the act provides that, notwithstanding any assignment or sale of the original work, an author of an artistic work shall have an inalienable right to a share in the proceeds of any sale of that work by public auction or through a dealer, subsequent to the first transfer by the author. The right conferred by this section shall apply only to originals of such work. The condition for the exercise of the right conferred by this section shall be determined by regulations made by the Commission.
The duration for copyright in artistic works is provided in Section 19 of the act. Copyright in artistic works shall subsist until 70 years after the end of the year in which the author dies[6]. In the case of an anonymous artist, copyright shall subsist until 70 years after the year in which the work was first made available to the public with the consent of the author or 70 years after the work was created, if not made available to the public within that time, provided that when the author becomes known, known, the duration of copyright shall be in accordance with the provisions of subsection (1)[7].
Except as otherwise provided in an agreement, copyright conferred by this Act, shall initially vest in the author[8]. For the purpose of Chapter 4 of the Constitution of the Federal Republic of Nigeria 1999, copyright shall be deemed to be movable property and shall be transferable by way of assignment, testamentary disposition or operation of law[9].
Copyright is infringed by any person who without the authorisation of the owner of the copyright;
- does or causes any person to do an act, which constitutes a violation of the exclusive rights conferred under this Act ;
- imports or causes to be imported into Nigeria any copy of a work which if it had been made in Nigeria would be an infringing copy under this Act ;
- sells, offers for sale or hire any work in respect of which copyright is infringed under paragraph (a) ;
- makes or has in his possession, plates, master tapes, machines, equipment or contrivances used for the sole purpose of making infringing copies of the work ;
- permits a place of public entertainment or of business to be used for a public performance of the work, where the performance constitutes an infringement of copyright in the work, unless the person permitting the place to be used was not aware and had no reasonable ground to suspect that the performance constitutes an infringement of the copyright ;
- permits within its premises, the reproduction of a copyright work ; or
- performs or causes to be performed for the purposes of trade or business or the promotion of a trade or business, any work in which copyright subsists[10].
- THE VALUE ADDED TAX ACT
Value Added Tax (VAT) is a consumption tax levied on the value added to goods and services at each stage of production or distribution. The current rate of VAT in Nigeria is 7.5%.
The sale of artworks by artists, galleries, dealers, and auction houses is typically subject to VAT. Understanding VAT and its implications on the sale and purchase of artworks is crucial for both artists and buyers. It ensures compliance with tax laws and helps manage the financial aspects of art transactions effectively.
- CUSTOMS AND EXCISE MANAGEMENT ACT
In Nigeria, the Customs Act and Art Law intersect in several significant ways, particularly concerning the import and export of artworks. Understanding these legal frameworks is essential for artists, collectors, dealers, and cultural institutions engaged in international art transactions.
- NATIONAL COUNCIL FOR ARTS AND CULTURE ACT
This act establishes the National institute for Cultural Orientation with the objective of promoting and fostering the appreciation, revival and development of Nigerian Arts and Culture.
- THE NATIONAL ART GALLERY ACT
This Act establishes the National Gallery of Art, which is responsible for collecting, preserving, and promoting Nigerian visual arts. It also provides for the regulation of art exhibitions and the promotion of art education.
- TRADEMARKS ACT (CAP T13, LAWS OF THE FEDERATION OF NIGERIA 2004)
The Trademarks Act protects the intellectual property rights of artists and creators by allowing them to register trademarks for their works. This can include logos, symbols, and other distinctive marks used in commerce.
CONCLUSION
The legal framework of art law in Nigeria is multifaceted, involving various laws and institutions aimed at protecting and promising the heritage of art works as well as protecting the rights and interest of art stakeholders.
References
[1] Section 21, 1999 Constitution of the Federal Republic of Nigeria.
[2] Section 10, 12, 14 and 15 of the Sale of Goods act, 1893.
[3] Ibid at 2
[4] Section 12, Sale of Goods Act, 1893.
[5] Section 39, Sale of Goods Act, 1893..
[6] Section 19(1) Copyright Act, 2022
[7] Section 19 (2) Copyright Act, 2022
[8] Section 28, Copyright Act, 2022
[9] Section 30, Copyright Act, 2022
[10] Section 36, Copyright Act, 2022
Source: AOC SOLICITORS
