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Monday 08:00 - 18:00 Tuesday 08:00 - 18:00 Wednesday 08:00 - 18:00 Thursday 08:00 - 18:00 Friday 08:00 - 18:00

The Law Suite, Lekki Phase 1, Lagos (2026)

28/04/2026

How does digital piracy differ from traditional copyright infringement?

Digital piracy differs from traditional copyright infringement primarily in its scale, speed, and medium of exploitation. While Traditional infringement typically involves physical acts such as unauthorized printing of books or sale of pirated CDs, Digital piracy occurs on online platforms, peer-to-peer networks, and streaming sites, enabling instantaneous and borderless distribution of protected works. This means a single act of uploading copyrighted content can result in millions of unauthorized copies globally within minutes, making enforcement under frameworks like the Copyright Act Nigeria significantly more complex than in offline contexts.

Additionally, digital piracy raises more technological and jurisdictional challenges than traditional infringement. Identifying infringers often requires tracing IP addresses, working with internet service providers, and navigating cross-border legal systems, whereas traditional infringement is usually localized and easier to detect physically. Furthermore, digital piracy frequently engages additional enforcement considerations not typically present in traditional infringement, including intermediary liability, technological protection measures, and evidentiary challenges in tracing anonymous infringers.

Although the Nigerian framework like Sections 15(2) and 20 covers acts such as distribution and commercial dealing in infringing copies regardless of format, digital contexts may require reliance on evolving judicial interpretation and international best practices (e.g., notice-and-takedown mechanisms) to effectively enforce rights. Thus, the legal foundation remains the same, but digital piracy expands both the scope and complexity of infringement in practice.

CopyrightInfringement IntellectualProperty

22/04/2026

The Concept of Assignment under the Law of Insurance.

Assignment in insurance law simply means under an insurance policy to another person. In practical terms, it is when the insured passes the benefit of the policy (usually the right to receive money after a loss or on maturity) to someone else, known as the assignee. However, the original insurance contract itself is not changed; only the right to claim the benefit is transferred, and the assignee cannot have more rights than the original insured had under the policy.

Assignment can be either legal or equitable. A legal assignment involves a complete transfer of rights in compliance with statutory requirements, such as being in writing and notice being given to the insurer thus enabling the assignee to sue in their own name. An equitable assignment, on the other hand, may arise informally (for example, by conduct or partial transfer of rights), but the assignee may need to join the assignor in any legal action to enforce the claim. In R.T. Briscoe v. Universal Insurance Co. Ltd (1966) 2 A.L.R. Comm. 263 the court recognized that rights under an insurance policy (being a chose in action) are in principle assignable in law, subject to compliance with statutory and contractual requirements.

Also, in Peters v. General Accident Fire and Life Assurance Corporation Ltd (1958) 2 All E.R. 267.12 it was held that a motor insurance policy could not be effectively assigned to a purchaser of the vehicle without the insurer’s consent. Nigerian courts recognize that assignment does not create a new contract of insurance; it merely transfers existing rights subject to the original terms and conditions of the policy. Therefore, the assignee cannot acquire better rights than the assignor possessed, and any defenses available to the insurer against the original insured remain applicable against the assignee.

LegalAssignment Insurer

21/04/2026

The Concept of Subrogation under the Law of Insurance.

Subrogation refers to the equitable right of an insurer, after indemnifying or compensating the insured for a loss, to step into the shoes of the insured and recover from any third party responsible for that loss. In essence, once the insurer has paid a valid claim, he acquires the legal right to pursue the party whose negligence or wrongful act caused the damage, to the extent of the amount paid. It automatically arises once the insurer has compensated the insured. The insurer “steps into the shoes” of the insured to pursue the wrongdoer and tt does not depend on any express clause in the policy.

In Nigeria, subrogation is grounded on the principle of indemnity, which aims to prevent the insured from receiving double compensation for the same loss. In United Nigeria Insurance Co. Ltd v. Kajopaiye [1981] 4 O.Y.S.H.C. 609 the court affirmed the indemnity nature of insurance and endorsed the principle that an insurer, after indemnifying the insured, is entitled to assume the insured’s rights against third parties.

The right of subrogation typically arises automatically by operation of law upon payment of the claim, although it is often reinforced by express clauses in insurance policies. Importantly, the insurer can only exercise this right in the name of the insured, unless there is a contractual provision allowing otherwise.

Insurer InsurancePractice

14/04/2026

What constitutes utmost good faith (uberrimae fidei) in Nigerian insurance contracts?

The doctrine of utmost good faith (uberrimae fidei) requires both the insurer and the insured to disclose all material facts honestly and completely before and during the formation of the contract. A material fact is any information that would influence the judgment of a prudent insurer in deciding whether to accept the risk and on what terms. This duty goes beyond ordinary contractual good faith; it imposes a higher standard of candour, particularly on the insured, who typically possesses more knowledge about the risk being proposed for coverage.

The legal foundation for this principle in Nigeria is reflected in the Insurance Act 2003 which provides a statutory framework that reinforces the duty of disclosure; Section 54 of the Act provides that where an insured makes a misrepresentation or fails to disclose a material fact, the insurer may be entitled to avoid the contract.

Nigerian Courts in cases such as African Insurance Development Corporation (AIDC) v Nigeria LNG (2000) 1 SCNQR 258, the Supreme Court reaffirmed the duty of disclosure and the consequences of misrepresentation in insurance transactions. Nigerian courts assess utmost good faith by examining whether there has been full and frank disclosure, as well as the clarity and accuracy of representations made during negotiations. The test of materiality is objective, often framed around the “prudent insurer” standard.

The insured must disclose all material facts known or that ought reasonably to be known, even if not specifically requested by the insurer. Failure to disclose or any misrepresentation, whether innocent, negligent, or fraudulent, can render the contract voidable at the option of the insurer. However, the insurer is also bound by this duty and must not mislead the insured, for instance, by providing ambiguous policy terms or withholding critical information that affect the scope of coverage.

13/04/2026

What are the legal and procedural requirements for making and enforcing insurance claims in Nigeria?

The legal framework governing insurance claims in Nigeria is primarily derived from the Insurance Act, alongside general principles of contract law. An insurance policy is treated strictly as a contract, so the rights and obligations of the insured and insurer depend first on the terms, conditions, and warranties contained in the policy document. To make a valid claim, the insured must demonstrate an insurable interest, that the risk insured against has materialized, and that all policy conditions precedent (such as premium payment and disclosure obligations) have been complied with.

Once a loss occurs, the procedure is for the insured to notify the insurer promptly in line with the policy terms and within a specified timeframe. This is followed by submitting a formal claim, supported by relevant documentation such as claim forms, proof of loss, police reports (in cases like theft), medical reports (for health claims), or surveyor’s reports (for property damage). Insurers typically appoint loss adjusters to investigate and assess the claim. In practice, failure to comply with notification timelines or documentation requirements can prejudice the claim, although courts may consider whether such breaches are fundamental or merely technical.

Enforcing insurance claims, where disputes arise, may proceed through negotiation, internal complaint mechanisms, or regulatory complaint to the Commission before resorting to litigation. Actions are generally instituted in competent courts, often State High Courts or the Federal High Court depending on subject matter, and must be brought within the applicable limitation period which is commonly six years for simple contracts under limitation laws of various states. appropriate cases, construed ambiguities against insurers under the contra proferentem rule.

09/04/2026

What are the major legal challenges Nigerian insurers face when placing reinsurance with foreign reinsurers?

Nigerian insurers placing reinsurance with foreign reinsurers face significant regulatory and compliance hurdles. Chief among these is adherence to the rules of the National Insurance Commission (NAICOM), which requires compulsory cessions to local reinsurers, particularly the Nigeria Reinsurance Corporation before offshore placements are approved. In addition, foreign exchange restrictions imposed by the Central Bank of Nigeria often make it difficult to remit premiums, creating delays and sometimes jeopardizing coverage. These regulatory layers can complicate timing, increase transaction costs, and expose insurers to compliance risks if not carefully managed.

Another major challenge lies in contractual and jurisdictional complexities. Reinsurance agreements are typically governed by foreign law and may include arbitration clauses or forum selection provisions favoring overseas jurisdictions. This raises issues around enforceability, dispute resolution costs, and practical access to justice for Nigerian insurers. Differences in legal standards, particularly regarding disclosure, interpretation of policy terms, and claims handling, can also create uncertainty, especially where international market wordings are used without sufficient localization.

Finally, financial and operational risks are pronounced in cross-border reinsurance arrangements. Currency volatility can erode the value of recoveries, while delays in claims settlement by foreign reinsurers can strain liquidity. There are also concerns about the creditworthiness and regulatory oversight of offshore reinsurers, as well as tax implications such as withholding tax on premiums. Taken together, these challenges require Nigerian insurers to adopt rigorous due diligence, negotiate protective contract terms, and maintain strict compliance with both domestic and international legal frameworks.

InsuranceRegulation CrossBorderInsurance

08/04/2026

What is Reinsurance and what does it seek to achieve under the Law of Insurance?

Reinsurance is a contractual arrangement in which an insurer, known as the ceding company, transfers part of the risk it has assumed under insurance policies to another insurer called the reinsurer, in exchange for a portion of the premium. It operates as a secondary layer of protection, ensuring that the primary insurer is not overexposed to large or catastrophic losses. Although the reinsurer undertakes to indemnify or compensate the insurer, there is no direct contractual relationship between the reinsurer and the original policyholder.

The primary objective of reinsurance is to promote risk distribution by spreading liabilities across multiple entities, thereby reducing the financial burden on a single insurer. It enhances the underwriting capacity of insurers, enabling them to accept larger or more complex risks than their capital base would ordinarily permit. Reinsurance also plays a crucial role in maintaining the financial stability and solvency of insurance companies, especially in the face of unexpected or high-value claims.

In addition, reinsurance helps stabilize insurers’ loss experience over time by smoothing fluctuations in claims, particularly in volatile sectors such as oil and gas or aviation. It also facilitates technical expertise and knowledge transfer, especially where international reinsurers are involved. From a regulatory standpoint, bodies like the National Insurance Commission require insurers to maintain adequate reinsurance arrangements to ensure market discipline and protect policyholders.

02/04/2026

What remedies are available when there is a dispute over family property and beneficial ownership?

When there is a dispute over family property and beneficial ownership, several legal remedies are available under civil and property law to protect the interests of the rightful owners. They include;

a) Declaration of beneficial ownership: Beneficial ownership refers to the person who enjoys the benefits of the property, even if the legal title is held in another's name. Disputes often arise due to unclear documentation, inheritance claims, or co-ownership disagreements. The first step in such cases typically involves establishing the ownership rights through documentation such as wills, deeds, and financial records. In the absence of formal documentation, courts may rely on evidence of contributions to the acquisition or maintenance of the property, including financial contributions, labor, or improvements made by the claimant.

b) Partition or sale of the property: Civil remedies like filing a suit for declaration of ownership or partition of property. For jointly held or inherited family property, one can seek a partition action in court, which allows the property to be divided among the rightful owners according to their respective shares.

c) Accounting and reimbursement: a party can seek an accounting and tracing of property if the dispute involves trust-like situations, where one person holds the property for the benefit of another.

d) Injunctions: Courts may also issue injunctions to prevent the unauthorized sale, transfer, or disposal of property until the dispute is resolved. Mediation and alternative dispute resolution (ADR) are often encouraged, as they can provide faster and mutually agreeable solutions without protracted litigation.

In cases where the dispute involves allegations of fraudulent transfers or concealment of ownership, remedies under equitable doctrines such as constructive trust or resulting trust may be applied. A constructive trust can be imposed by the court to ensure that a person who has acquired property unjustly holds it for the benefit of the rightful owner.

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01/04/2026

Today, we say goodbye, with gratitude, reflection, and a little bit of emotion.

It’s never easy to part ways with someone who has been such an important part of our journey. Your time with us has been marked by dedication, hard work, and moments that have truly made a difference. your impact has been felt, and your presence will be genuinely missed.

As you move on to new opportunities and exciting chapters ahead, we celebrate you, not just for what you’ve done here, but for who you are.

Thank you for the memories, the contributions, and the energy you brought into this space.

Wishing you continued success, happiness, and fulfillment in everything you do next. 🌟

01/04/2026

What is the difference between legal ownership and beneficial ownership in family property disputes?

Legal ownership refers to the individual whose name is formally registered on the property’s title or deed. This person holds the official, recognized right to manage, transfer, or dispose of the property under Nigerian law. In family property contexts, legal ownership often lies with a parent, elder sibling, or family trustee, even if other family members have contributed to the acquisition or upkeep of the property. Legal ownership provides enforceable rights against third parties but does not automatically determine who should enjoy the property’s benefits.

Beneficial ownership, in contrast, refers to the equitable or actual interest in a property. A beneficial owner is the person who ultimately benefits from the property, such as enjoying rental income, residing in the house, or sharing in proceeds from its sale. In many family disputes, the property may be legally registered in one person’s name, but other family members may claim a beneficial interest based on contributions made toward its purchase, improvement, or maintenance. Nigerian courts recognize that equitable ownership can exist even without legal registration.

Courts often examine the intentions of the parties, financial contributions, family arrangements, and conduct surrounding the acquisition and use of the property to determine whether a beneficial interest exists. This is particularly relevant in cases where a parent purchases property in their name but uses family funds or acquires it for the benefit of multiple children.

In Nigerian jurisprudence, the courts have emphasized that beneficial ownership protects fairness and equity. For example, if a family member contributes significantly to the acquisition of a property but is not listed as the legal owner, courts may grant relief recognizing their equitable interest. Evidence such as receipts, bank transfers, oral testimonies, and correspondence can be used to establish beneficial ownership. The law therefore balances the formalities of legal title with the realities of family contributions and expectations.

01/04/2026

When is property considered “Family Property” rather than Personal Property of the deceased?

A Property is considered family property (as opposed to the personal property of the deceased) when it was originally acquired by a common ancestor, has devolved to members of the family and is held collectively for the benefit of a lineage, rather than owned absolutely by an individual.

Where land/ assets have been expressly dedicated or treated by the family as belonging to their lineage, like an ancestral land or inherited compounds, they retain their character as family property, even if one member manages or occupies them. Courts have consistently held that once property is impressed with family character, it cannot be validly devised as personal property Lewis v. Bankole [1909] NGSC 1, affirms this view.

In a situation where a deceased person inherited property from their father or lineage without partition, that property generally remains family property. However, if there was a clear partition of that property and the deceased took an absolute share, it may then become personal property. The law holds that the intention and conduct of the parties are crucial, for if the deceased dealt with the property as an absolute owner by selling, leasing, or exclusively controlling it without objection, the courts may infer that he has personal ownership of the property, unless strong evidence shows that it remained family property. Even when improvements were made on the land by the deceased it does not automatically convert it into personal property, unless there is clear evidence of a grant or partition that gives exclusive ownership.

Documentary evidence (such as conveyances or registered titles) can indicate personal ownership, but under customary law, long possession and family acknowledgment may override formal title in most cases. Under Nigerian Succession law, the burden of proof lies on the person asserting that property is family property to show its ancestral origin or communal nature.

LandLaw Inheritance LegalPractice

26/03/2026

What constitutes undue influence in the making of a will?

Undue influence in testamentary matters refers to coercion that overpowers the free will of the testator, resulting in dispositions they would not otherwise have made. Nigerian courts adopt the strict common law position established in the US Supreme Court case of Hall v Hall, 584 U.S (1868), where undue influence is defined as pressure that destroys the testator’s volition, not mere persuasion or affection.

To establish undue influence, the claimant must prove:

1.      The existence of actual coercion or domination over the testator.

2.      That such coercion directly caused the testamentary disposition.

3.      That the Will reflects the intent of the influencer, not the testator.

Unlike inter vivos transactions (that occurs between the living), there is no presumption of undue influence in Wills; it must be strictly proved. Suspicion alone, no matter how strong is insufficient. The Wills Law of Lagos State, which, while not defining undue influence, contains safeguards such as voiding gifts to attesting witnesses or their spouses, thereby reducing opportunities for abuse. Courts consider several indicators including:

·        The testator’s physical or mental weakness

·        Dependency on the alleged influencer

·        Isolation from other family members

·        The influencer’s active role in drafting or procuring the Will

·        Secrecy or haste in ex*****on

·        Unnatural or drastic changes in testamentary disposition

However, the law draws a clear distinction between legitimate influence (e.g., advice, persuasion, appeals to affection) and illegitimate coercion. Only the latter invalidates a Will. Evidence is typically circumstantial, supported by witness testimony and surrounding facts. Under the Evidence Act (2023 as amended), the burden lies on the person alleging undue influence throughout. Where undue influence is proven, the Will (or affected portions) is declared invalid, and the estate devolves according to intestacy or a prior valid Will.

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Monday	08:00 - 18:00
Tuesday	08:00 - 18:00
Wednesday	08:00 - 18:00
Thursday	08:00 - 18:00
Friday	08:00 - 18:00