The works listed in this section are all published works written by a member or members of Phillipsons Consultancy. Subject to copyright obligations, we are happy to entertain inquiries for copies or offprints.
This rigorous article provides an extensive and thorough analysis of several judgments of superior courts in England and a ruling of the Court of Justice of the European Union. The issues raised by the cases and judgments traversed different areas of law including criminal liability, civil liability, intellectual property and European Union law. The article points out that, in the wake of the judgments, while greater clarity has been provided on potential liability arising from the use of foreign viewing cards to watch English Premier League football and other premium content in England, there are still areas of uncertainty and even potential absurdity.
The full text of the article is available in (2013) 19(1) Web Journal of Current Legal Issues with full text available free at http://ojs.qub.ac.uk/index.php/webjcli/article/view/204/273
This brief commentary looked ahead to the eventual and seminal decision of the Court of Justice of the European Union, commenting on two specific aspects - amusing and serious at the same time. First, that the alleged restriction on the use of foreign cards to watch some football matches and other premium content raises the amusing prospect of a requirement of extraordinary self discipline by users of such cards. Second, that considerations of the effects of the spate of litigation on the topic until then had not really paid sufficient attention to the impact on use of such cards by consumers rather than commercial entities like pubs.
This commentary discusses aspects of the law concerning rebroadcasting of satellite signals in Nigeria, particularly in the wake of litigation between rights holders and re-broadcasters. The commentary notes that while unauthorised rebroadcasting of encrypted material transmitted by territorial rights holders is probably a violation likely to be restrained by injunction - especially in light of the Nigerian Copyrights Act - the case of rebroadcasts of FTA signals, especially those emanating from outside Nigeria, is not so clear cut.
This definitive elucidation of the law on the enforcement in Nigeria of judgments obtained in other jurisdictions provides a clear, insightful and thorough interpretative analysis of the different regimes under which the enforcement of such judgments may be sought. The article argues that while the approach adopted by the Nigerian Supreme Court on the interpretation of the Foreign Judgment (Reciprocal Enforcement) Act 1960 may possibly smack of pragmatism, it is considered inaccurate in light of a careful analysis of the wording of that statute.
The full text of the article is published in (2012) 12(1) Oxford University Commonwealth Law Journal 1-31
This article analyses the approach of the Nigerian courts when faced with litigation commenced on the basis of the residence of a defendant within the jurisdiction although the cause of action arose, or the subject matter of the dispute is located, elsewhere. The article argues that the approach adopted in recent judgments of the Nigerian Supreme Court and Court of Appeal results in decisions that are probably per in curiam in that the approach overlooks historic decisions of the Nigerian Supreme Court itself; it is suggested that the approach also departs from the approach followed traditionally in other common law jurisdictions. The article further suggests that there are other adequate common law tools - such as the doctrine of forum non conveniens - that could be used to address the concern that might have led the Nigerian courts to follow the approach adopted recently.
The article is published in (2011) 7(2) Journal of Private International Law 273-295. The article is cited in Amicus Brief submitted before the United States Supreme Court in the case of Kiobel & Ors. v Royal Dutch Petroleum Co & Ors.
This article published in the journal of the American Bar Association provides a clear and thorough explanation and analysis of the conflict of laws rules applied by the Nigerian courts for determining whether to assume jurisdiction in respect of a transnational dispute and also the rules for determining the applicable law especially in relation to disputes arising out of international commercial transactions.
The full article is published in (1995) 29 The International Lawyer 555
Transnational Commercial Litigation - Nigeria
This is an encyclopaedic discussion of international commercial litigation in the Nigerian legal and judicial systems. It is published as a chapter in a leading international encyclopaedia of transnational litigation in various jurisdictions globally. The work explains the Nigerian legal system, the sources of law, the court system and the rules governing various aspects of dispute resolution including establishing jurisdiction, determining the applicable law, rules of evidence and of taking evidence abroad, judgment, the enforcement of judgments and international commercial arbitration.
The full work is published in J G Fellas (ed), Transnational Litigation: A Practitioner's Guide (OUP/Oceana, 2008)
This article thoroughly analysed the complex maze of legal instruments, including subsidiary legislation and regulatory rules, concerning the operations of electronic money institutions and implementing the original Electronic Money Directive of the European Union. Even with the advent of the second Electronic Money Directive (EMD2), the article remains relevant in its discussion of fundamental issues and regulatory principles as well as their objectives.
The article is published in (2003) 2 Journal of Information Law & Technology with full text available free at http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2003_2/bamodu/
This article explores the challenges facing the Nigerian legal system and judiciary in adapting laws and adjusting attitudes in the wake of the new legal issues arising from the advent of ICT and e-commerce. The article examines various aspects of Nigerian law, both substantive and procedural, covering a wide range of issues, making suggestions for a new electronic commerce law and addressing issues of evidence and admissibility of electronic documents in evidence.
The article is published in (2004) 2 Journal of Information Law & Technology with full text available free at http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2004_2/bamodu/
E-Commerce and Electronic Payment Mechanisms in Nigeria - Some Legal Considerations
This article, part of a pioneering series, highlighted some of the legal issues that needed to be addressed in the then and ongoing quest to provide a sound legal basis for the conduct of electronic commercial transactions and electronic payments in the Nigerian economy.
The article is published in (2005) 11(3) Economic Indicators (Journal of the Nigerian Economic Summit Group)
The Legal Landscape for E-Commerce in Nigeria
This article, part of a pioneering series, highlighted some of the legal issues that needed to be addressed in the then and ongoing quest to provide a sound legal basis for the conduct of electronic commercial transactions in the Nigerian economy.
The article is published in (2005) 11(1) Economic Indicators 39 (Journal of the Nigerian Economic Summit Group)
Towards a Resolution of the Controversy Over the Administration of the Nigerian Country Code Top Level Domain (.ng ccTLD)
This article, published at a time when there was serious controversy over the administration of the Nigerian .ng country code top level domain, suggested possible ways for resolving the impasse that was then hindering the exploitation of that ccTLD. The suggestions made in the article and in further consultative advice provided to the National Information Technology Development Agency (Nigeria) were contributory to the settlement of the controversy and to the establishment of a stable regime for the administration of the domain.
The article was originally published at www.nigeriavillagesquare.com and at www.gamji.com and the latter still archives the article at http://www.gamji.com/archive/archive36.htm.