SPA Ajibade & Co.

30/07/2026

Every document within a law firm, and indeed any organisation, carries significant weight. How it is created, stored, managed, and eventually disposed of is critical to maintaining the integrity of the firm’s Records and Document Management System.

These documents may constitute evidence, contain sensitive client information, represent intellectual property, or serve as compliance obligations. Their integrity, confidentiality, and availability are fundamental to maintaining the credibility and efficiency of the firm’s records and document management system.

In this article we discuss a structured approach to building and sustaining an efficient legal documentation system that ensures risk reduction, client confidentiality, data protection and regulatory compliance from documents creation, through active use to storage, archiving, and ultimately, secure and compliant disposal.

Click the link to read the full article - https://www.mondaq.com/nigeria/management/1774020/efficient-legal-documentation-a-secretarys-guide-to-supporting-legal-practitioners

29/07/2026

In today’s increasingly mobile and interconnected world, many individuals own properties across multiple states and even outside Nigeria. However, a major legal challenge often arises after death when executors attempt to administer those properties using a probate grant obtained in only one jurisdiction.

Under Nigerian law, probate or letters of administration granted in one state do not automatically authorize executors to deal with properties situated in another state or country. To make such grants legally effective across jurisdictions, the process known as resealing of probate becomes necessary.

Resealing serves as a legal recognition of an existing probate or letters of administration by another court with competent jurisdiction. It enables executors and administrators to validly manage, transfer, or litigate over properties situated outside the jurisdiction where the original probate was granted.

This process is particularly important in estate administration involving interstate properties, foreign assets, and estates connected to Commonwealth countries.

In this article, we examine the legal requirements and conditions for resealing of probate grants obtained in Nigeria and in commonwealth countries; who is entitled to apply for resealing and the effect of resealing.

To read the full article, visit:
https://lnkd.in/dxgpWR_3

28/07/2026

Trademarks are valuable intangible assets because they represent a business’s goodwill, reputation, and brand identity. However, Nigerian trademark law provides limited guidance on what happens to trademark rights when the proprietor dies, creating uncertainties around inheritance, transfer, renewal, and continued use of such rights.

This article examines the legal and practical implications of trademark ownership following the death of a proprietor in Nigeria, with particular focus on the transfer, inheritance, and management of trademark rights under the Nigerian Trade Marks Act and applicable succession laws.

It explores trademarks as “choses in action,” capable of assignment, transmission, and inheritance, and discusses the procedures for recording such transfers at the Trade Marks Registry.

The article further analyses the intersection between intellectual property and succession law in situations where a proprietor dies testate or intestate. It highlights the legal processes for obtaining probate or Letters of Administration, the consequences of non-use and failure to renew trademarks, and the potential risk of trademark abandonment where adequate succession planning is absent.

It also considers practical measures for preserving trademark rights, including incorporating intellectual property assets into estate planning strategies and registering trademarks through corporate entities to ensure continuity and long-term protection.

Read the full article at https://lnkd.in/dDvwRewX

27/07/2026

Co-ownership of property refers to a legal relationship in which two or more persons hold proprietary interests in the same property. Under Nigerian law, the most recognised forms of co-ownership are joint tenancy, tenancy in common, tenancy by the entirety (where applicable), and family ownership.
In a joint tenancy, each joint tenant owns the whole property together with the other joint tenants, rather than a distinct or identifiable share. Consequently, every joint tenant has an equal and undivided interest in the entire property and an equal right to possession.
The defining feature of a joint tenancy is the right of survivorship. Where one joint tenant dies while the joint tenancy subsists, the deceased's interest does not pass to his or her estate, personal representatives, or beneficiaries. Instead, it is automatically extinguished and vests, by operation of law, in the surviving joint tenant or tenants. Accordingly, the property does not form part of the deceased's estate for the purposes of succession or inheritance unless the joint tenancy has first been severed.
This article examines joint tenancy and the doctrine of jus accrescendi, commonly known as the right of survivorship. Read the full article here: https://www.mondaq.com/nigeria/landlord-tenant-leases/1184360/co-ownership-of-property-and-the-right-of-survivorship

23/07/2026

Distinctiveness is the cornerstone of trademark protection, enabling consumers to identify and distinguish a brand from its competitors. It not only satisfies a key legal requirement for trademark registration but also strengthens brand identity, prevents imitation and dilution, and protects the goodwill and reputation associated with the brand. In today's competitive marketplace, maintaining a distinctive trademark is essential for preserving a brand's identity, exclusivity, and long-term commercial success.
This article explains the concept of distinctiveness in trademark law, its importance as a requirement for trademark protection, and its role in helping businesses build strong brand identities, prevent imitation, and secure long-term commercial success.
Click the link for more: https://www.mondaq.com/nigeria/trademark/1409644/the-concept-of-distinctiveness-in-trademark-law

22/07/2026

Can the Securities and Exchange Commission (SEC) regulate all virtual and digital assets in Nigeria simply because the Investment and Securities Act, 2025 (ISA) classifies them as securities? Or has the Nigeria Tax Administration Act, 2025 (NTAA) introduced a more nuanced approach by limiting the SEC's jurisdiction and empowering other regulators?
These are some of the issues examined in the article, which considers the scope of the SEC's regulatory powers, the effect of the NTAA on Nigeria's digital asset regulatory framework, and the practical implications for stakeholders operating within the virtual asset ecosystem.
Read the full article here: https://www.mondaq.com/nigeria/fin-tech/1702502/a-new-regulatory-order-for-virtualdigital-assets-in-nigeria-understanding-the-implications-of-the-tax-reform-acts

17/07/2026

13/07/2026

We are pleased to share that our Managing Partner, Dr. Dr. Babatunde Ajibade, SAN, FCIArb, recently participated as a distinguished panelist at the NBA, Lagos Branch Law Week 2026.

Speaking during the 2nd Plenary Session held at The Jewel Aeida in Lekki Phase 1, Lagos, Dr. Ajibade joined leading minds in the profession to dissect a highly pivotal topic: "Enhancing Justice Delivery Through E-Filing and Virtual Hearings – Opportunities, Challenges, and Implementation."

Aligned with the event's overarching theme, "Lawyering in the Digital Age: Navigating Technology, Justice & Innovation," the session offered deep insights into how technology is actively reshaping judicial processes and expanding access to justice, while addressing the practical hurdles of digital implementation.

We extend our gratitude to the Session Chair, Hon. Justice Kashim Zannah (Chief Judge, Borno State), and Dr. Ajibade’s co-panelists Hon. Justice Rahman Oshodi, Hon. Justice Olayinka Faji, and Mrs. Olusola Adegbonmire for an incredibly engaging and forward-looking discourse.

As a firm, we remain deeply committed to contributing to thought leadership and embracing the innovative tools necessary to advance justice delivery in Nigeria's evolving legal landscape.

To learn more about our firm, please visit our website at ww.spaajibade.com

08/07/2026

The legal profession plays a vital role in safeguarding the rule of law, defending fundamental rights, and maintaining public confidence in the justice system. As the justice sector faces ongoing challenges in a fast-changing world, meaningful dialogue among judges, legal practitioners, academics, policymakers, and other stakeholders has never been more important.

Our Managing Partner, Dr. Babatunde Ajibade, SAN, FCIArb, will be speaking at the International Bar Association (IBA) Judges Forum Conference 2026, themed: “In Defence of Justice.”

Organised by the IBA with the support of the National Judicial Council (NJC), the forum will bring together distinguished judicial officers and legal professionals from several countries to discuss contemporary issues affecting the administration of justice and the role of courts in upholding democratic values and the rule of law.

Date: 9th – 10th July 2026
Venue: Transcorp Hilton Abuja Hotel, Abuja
Session: IBA Judges Forum: In Defence of Justice

This promises to be an impactful event, offering a platform for candid discussions on judicial independence, access to justice, institutional integrity, and the future of justice systems in an increasingly complex global environment.

We look forward to engaging with colleagues, thought leaders, and stakeholders from across the international legal community.

Join us in Abuja as we contribute to important conversations on defending and advancing justice.