Browsing by Author "Byron, I. P."

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Addressing the Menace of Child Marriage in Nigeria through the Law
(Ibadan University Press Publishing House University of Ibadan Ibadan, Nigeria, 2014) Byron, I. P.
Child marriage creates problems for the girl-child. It is a problem that affects the anatomy of the child and it diminishes global development efforts focused on creating more educated, healthier and economically stable populations. It is a topical issue that has pervaded our society. Child marriage occurs most often in poor rural communities. It often occurs where parents arrange their daughter’s marriage unknown to the girl, that is, without the consent or the knowledge of the child. This simply means that the girl-child may be at home playing with her siblings and suddenly, she is married off and sent to live in another village with her husband and his family—strangers, essentially. She is pulled out of school. She is separated from her peers. Once the girl-child is married, she is more likely to be a victim of domestic violence and suffer health complications associated with early sexual activity and childbearing.This article therefore examines the phenomenon of child marriages in Nigeria, its causes and effects and how such can be addressed through the law.
An Appraisal Of Institutional Framework For The Protection Of Internally Displaced Persons In Nigeria Ibijoke P.
(THE DEPARTMENT OF JURISPRUDENCE AND INTERNATIONAL LAW, 2015) Byron, I. P.; Ochei, B. O.
There has been an alarming rise in the number of Internally Displaced Persons (IDPs) in Nigeria in recent times. Internal displacement of Persons in Nigeria is a recurring and large-scale phenomenon that has affected most of the states in Nigeria. The guiding principles on internally displaced persons developed by the United Nations Commission on Human Rights are the first international standards specifically tailored to the needs of IDPs. The guiding principles are consistent with international human rights law and international humanitarian law and to a large extent codify and make explicit guarantees to protect IDPs. The United Nations (UN) Guiding Principles on Internal Displacement of Persons define IDPs as persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence in particular as a result of or in order to avoid the effects of armed conflict, situations of generalised violence, violations of human rights or natural or human- made disasters, and who have not crossed an internationally recognised state border.This article generally discusses IDPs in Nigeria and identifies problems encountered by internally displaced persons that are typically caused by shortcomings in the legal and institutional framework on internal displacement in Nigeria and make recommendations on the way forward to alleviate the plight of the IDPs.
A comparative appraisal of trademark infringement in Nigeria and United Kingdom
(2015) Byron, I. P.
A trademark performs certain functions such as identifying a seller’s goods and distinguishing them from others, associates the goods with the provider, it serves as a representation of a certain level of quality. A trademark could be a mark, logo, letter, smell, sound, but it is anything that is able to distinguish and identify the goods of a trader from all other traders. The substantive law on trademark is the Trade Marks Act 1965 which regulates trademark in Nigeria today. The Nigerian Trade Marks Act(NTMA) 1965 is based substantially on the old United Kingdom Trade Mark Act (UKTMA) 1938, and replaced with the UKTMA 1994, but the NTMA has remained unreviewed till date. The NTMA excludes other types of infringement such as comparative advertising, dilution and parallel importation, get-up/trade dress, and this is contrary to what obtains in other jurisdictions such as the United Kingdom. Trademark law is an aspect of intellectual property which is in need of urgent reforms in Nigeria but it is nevertheless, deficient in areas as it has not given due recognition to other types of trademark infringement. Nigeria has, over the years, incorporated commerce into the Act but this is still premised on the UKTMA 1938 which does not reflect new trends on trademarks. A problem that could arise is where another person, not being the proprietor of the mark, uses the advertising techniques of the owner of the mark. Thus, when a trademark is being advertised, it could lead to infringement especially where the product is used adversely against the intention of the owner and the result is that it will harm the business of the proprietor irreparably. This paper will examine the ways in which an infringement of trademark can occur and also, other types of infringement which the NTMA has not provided legislative protection
Customary arbitration as a tool for ensuring access to justice for women in Nigeria: a case study of the women’s law clinic, faculty of law, University of Ibadan
(Department of Jurisprudence and Private Law, Faculty of Law, Obafemi Awolowo University, Ile-Ife, 2017-04) Byron, I. P.
Using the Women’s Law Clinic, Faculty Law, University of Ibadan, Nigeria, as a case study, this paper examines the use of customary arbitration as a tool for ensuring access to justice. Further, the paper examines the need to have a remedial system of resolving disputes for the good of the society. The remedial system of law is referred to as customary arbitration. The paper identifies the challenges facing access to justice and advances the argument on the perception of access to justice as a human right, as well as the need to promote access to justice especially where people are disadvantaged. The papers concludes examining the effectiveness of customary arbitration in Nigerian community and its applicability as a tool in ensuring access to justice
Domestic violence as a breach of fundamental human rights in Nigeria
(Department of Jurisprudence and International Law Faculty of Law, University of Ibadan, Ibadan, 2018) Byron, I. P.
In Nigeria, domestic violence is a problem that is not new in many parts of Africa. However, there is a deep cultural belief that it is socially acceptable to hit a woman to discipline a spouse regardless of the fact that there are laid down provisions in the law. It is widespread and it is seen as an act of intimidation, physical, verbal or emotional abuse that has become an epidemic and it occurs in all sectors of the society. When women are faced with this problem, most women grieve in pain and silence because there are no systems of law that can adequately protect their rights. In Nigeria, there is a federal law, Violence against Persons Prohibition Act (VAPP), 2015 which provides for violence against women but the law can only be used in FCT, Abuja but this law is not all encompassing. In addition, even though some states have enacted Domestic Violence legislations, it is not enough as it only takes care of four states. The paper will therefore discuss the incidents of domestic violence, its causes, the international laws of which Nigeria is a member and the way forward in alleviating the plight of women
An examination of consumer protection and its link to trademark law in Nigeria
(2019) Byron, I. P.
Trademark has an impact on the economic development of any civilised country. A trademark has grave economic value and it is the consumers that suffer harm if the goods and services rendered by the producers are of bad quality. Hence, the aim of a trademark is so that consumers will be able to identify and distinguish between all other goods that are offered up for sale. A trademark could therefore be likened to an indicator of source which serves as a subtle information to consumers that the goods they are about to buy are of good quality. A trademark therefore has economic value that could impact the society either negatively or positively. Hence it is important that the law on trademark should be adequate enough so that the right of consumers would be protected at all times. Apart from that, the law of trademark should not only protect the owners of goods but it should also take the interest of consumers into consideration. As it is now, there is no provision under the Nigerian Trademarks Act of 1965 that specifically provides for consumers that may suffer damage to their health as a result of adulterated goods. The aim of this article is to therefore discuss the link between consumer protection and trademarks. This article will also review the Federal Competition and Consumer Protection Act (FCCPA) to know whether it addresses the interests of consumers. There will also be a brief overview of the other types of trademark and its recognition or not under the Nigerian Trade Marks Act (NTMA) and whether it can be accommodated under the new Consumer Protection Act
The importance of trademarks protection in Nigeria
(Faculty of Law, Adekunle Ajasin University, Akungba, 2017) Byron, I. P.
This article examines the importance of trademarks in Nigeria and the need for the country to update its trademark law in line with the modern trend. The current legislation on trademarks in Nigeria is the Trade Marks Act which has been in existence since 19 without any substantial amendment and it is a replica of the United Kingdom Trade Marks Act, 1938. Trademark protection in Nigeria is still deficient in aspects such as service marks, trade dress and the non-recognition of other instances of trademark infringement. In terms of the Act, Nigeria recognises only identical or similar goods but it is lacking by not including other types of trademark infringement. This article examines not only service marks and trade dress but it also highlights that counterfeiting is a type of trademark infringement that should be appropriately addressed. Other types of trademark infringement include parallel importation and dilution but for the purposes of this paper, will be made to trademark counterfeiting. Also, the use and development of technology has made counterfeiting even mo dangerous. These areas are considered the core of any law on the protection of trademarks and this will be discussed in the article.
Legal and contemporary issues on covid-19 in Nigeria
(2021) Olatunbosun, A. I.; Bamgbose, O. A.; Akintola, S. O.; Onakoya, O. O.; Lokulo-Sodipe, J.; Olomola, O.; Tafita, F.; Olaniyan, K. O.; Adewumi, A. A.; Byron, I. P.; Ochei, B. O.; Gbadegesin, O. A.
The effect of the Covid-19 pandemic outbreak on the legal landscape in Nigeria is diverse and multifaceted. Its effect has gone way beyond every conceivable outcome and has affected not only the health of the individuals in any given community and the health sector, but movement, travel, social interactions. businesses, and the day-lo-day lives of the Nigerian people. Adopting the sociological jurisprudence school of legal theory which recognizes the relationship betwixt and among law. society. technology. and accepted social culture, this paper charts the effect of Covid-19 on identified Segments of the legal landscape and the society viz: health. labor. tourism, criminal law. And procedure. family law. as presented by legal scholars in various legal subfields. A holistic approach lo resolving the legal issues brought about by covid-19 is recommended as the best foot forward such as; respecting the basic human rights of citizens would ensure that the vulnerable can access medical care: health data accumulated based on die pandemic is managed wise/y (and no! subject lo3abtise): defaulters of Covid-19 regulations are handled in a manner that reflects respect for die rule of law and due process: medical waste management is handled in such a way that it does not affect the community and result in die spread of disease, inter alia.
The nexus between passing off and trade marks in Nigeria
(Society for Legal Research and Development Deans Office Faculty of Law University of Ibadan, Nigeria, 2015-06) Byron, I. P.