LAWRIT JOURNAL OF LAW, FEBRUARY 2024

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 LAWRIT JOURNAL OF LAW, FEBRUARY 2024

INTRODUCTION

In this maiden edition of our monthly newsletter, we are introducing a new dimension to case review.

In the face of a technologically driven industrial revolution, the legal profession is undergoing a rapid

and steady shift from the traditional legal practice, this comes with plethora of opportunities as well as

corresponding challenges. This edition features an article that navigates the intellectual property law,

highlighting its challenges and key opportunities for legal practitioner.

Consistent with our commitment to publishing student written articles, we make a move to keep our

readers up to date with recent trends in Law, career opportunities, case reviews and general comments

on core legal subject matters.

We trust you will find this informative and interesting.

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 LAWRIT JOURNAL OF LAW, FEBRUARY 2024

❖ GANGS OF LAGOS, THE MOVIE: A LEGAL ANALYSIS

(SUIT NO: LD/6903GCM/2023)

❖ ATAGUBA S. ABOJE ESQ v. INDEPENDENT ELECTORAL COMMISSION

(Appeal No.: CA/ABJ/CV/07/2023)

❖ NAVIGATING THE INTELLECTUAL PROPERTY LAW, CHALLENGES AND

OPPORTUNITIES FOR LEGAL PRACTITIONERS

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GANGS OF LAGOS, THE MOVIE: A LEGAL ANALYSIS (SUIT NO: LD/6903GCM/2023)

1.0 INTRODUCTION
In the hallowed words of John F. Kennedy, “Art is not freedom from discipline, but disciplined freedom.”
Yet, the debate on the morally appropriate and legally sanctioned widths of cinematic expressions
continues. In this debate, one controversy that is closely, if not peculiarly, associated with the Nigerian
filmmaking industry is the issue of cultural misappropriation.

Most recently, the Jade-Osiberu-directed movie, ‘Gangs of Lagos’ has come under criticism for its
association of the Eyo Masquerade with gangs and gang-based violence. One would think that the 81%
rating of the movie on Rotten Tomatoes indicates a general acceptance among its audience.
Unfortunately, that is far from the truth.

Not only has the movie suffered widespread criticism for daring to desecrate one of the most treasured
institutions of Yoruba culture, but the self-acclaimed guardians of the Eyo Masquerade - the Isale-Eko
Descendants’ Union - have since instituted action at the High Court of Lagos State for criminal
defamation. In July 2023, the Union and the two other claimants in the suit were granted leave by the
court to continue their action for ten billion naira in damages for alleged injury caused by the movie to
the reputation of the Eyo Masquerade.

In this review, the nature of the Masquerade and its attendant traditions among the people of Isale-Eko
shall come under scrutiny. More importantly, we shall judiciously examine the legal regime guiding
defamatory actions to ascertain the chances of successfully nailing Gangs of Lagos as a libelous gang-
up indeed.

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1.1 THE EYO MASQUERADE AND THE PEOPLE OF ISALE-EKO: AN HISTORICAL

PERSPECTIVE

Isale-Eko is regarded as one of the oldest suburbs of Lagos State which translates to mean “Bottom of

Lagos” in English. History reveals that it was formerly inhabited by people known as the Aworis who

were fishermen and farmers by occupation. Isale-Eko, also known as Lagos Island, gradually became a

home to the Portuguese and the British which further led to the development of the district both in

commercial trades and infrastructure.1

The Eyo festival, also known as the Adamu Orisha play, depicts a Yoruba festival peculiar to Lagos. Eyo

basically stands to represent ancestral spirits and the ceremony is done to celebrate the passing of a

life. Eyo refers to the parade of a group of masquerades each with different names and decorated

costumes like the Aropale- a white regalia, a decorated hat and the Eyo staff used to bless during the

festival.2

Over the years, the Isale Eko people have celebrated the Eyo festival in grand styles with various

theoretical displays of cultures, music, acrobatics and traditional dancing. Although the festival now has

the inclusivity feature whereby it can be organised to honour both national and international dignitaries,

unlike in the 1900’s where it was held at the passing of a king. 3

1 Sebastian Hills, ‘The Tales of Isale Eko Business: Exploring the Rich History of Lagos’ Oldest District’ (Villpress, July 2023) <

https://villpress.com/the-tales-of-isale-eko-business-exploring-the-rich-history-of-lagos-oldest-district/> accessed 20 Feb 2024.

2
The Scout Association of Nigeria, ‘Showcasing The Eyo Festival at Western Nigeria’ (sdgs.scout.org)
<https://sdgs.scout.org/post/showcasing-eyo-festival-western-nigeria-courtesy-scout-association-nigeria> accessed 20 Feb 2024.
3 Gbenga Oloniniran, ‘Isale-Eko, example of worst urban decay –Descendants’ union chairman, PunchNG (Lagos, 25 January 2024)

<https://punchng.com/isale-eko-example-of-worst-urban-decay-descendants-union-chairman/ > accessed 20 Feb 2024.

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1.2 GANGS OF LAGOS, THE EYO MASQUERADE, AND THE TORT OF LIBEL: A LEGAL ANALYSIS

“It is an unjust profiling of a people and

culture as being barbaric and nefarious.

It depicts a gang of murderers

rampaging across the state.”

These were the words of Oba Rilwan Akiolu of Lagos, accentuating grievingly that the movie, ‘Gangs of Lagos’ is
defamatory and sacrilegious for depicting the Eyo masquerade as criminal gangs that commit grotesque murder
and visit terror on innocent citizens.

Further, he argued that the film producers had used the complete getup, indistinguishable image and
traditionally designed and ordained appearance of the Eyo which forms part of the cultural heritage of the
indigenous people of Lagos for commercial gain and exploitation. Gravely aggrieved, the socio-cultural group,
Isale-Eko Descendants Union (IDU) did on the 28 June 2023, petition the Nigeria Film and Video Censors Board
(NFVCB) over the producers of the movie “Gang of Lagos” misrepresentation of the Isale-Eko community and
Eyo Masquerade with gangsterism.4 The IDU put forth the argument that the movie violated the cinematograph
law of Lagos, warranting this legal action. The court ruling in favour of the plaintiffs, granted the applicants leave
to apply for an order of mandamus against the Lagos State Video and Film Censors Board to ban the film, Gangs
of Lagos airing on Amazon Prime, for its alleged false and defamatory depiction of the Eyo masqueraders.

However, in the preliminary objection, the defendant, Amazon, challenged the powers of the Lagos State
Government on its regulatory role in the case; questioning the authority of the Lagos State Government to censor
films and videos produced within its jurisdiction as stipulated in the Cinematograph Law of Lagos State, 2004. It
consequently requested the court to dismiss the Lagos State Cinematography Law which they claimed was
enacted outside the legislative competence of the Lagos State House of Assembly. The defendants claimed that
the High Court of Lagos State had no jurisdiction to compel the Lagos State Government to censor the said film
under its Cinematography Law which it argued falls within the provisions of the National Film and Video Censors
Board Act. The 1999 constitution, the defendants averred, precludes the High Court of Justice from “exercising
jurisdiction over interpretation of the Constitution as it relates to the Federal Government and its agencies”. Thus,
the defendants sought an order of the court pursuant to Section 25(1)(q) of the Constitution of the Federal
Republic of Nigeria, 1999 to strike out the suit as it lacked the jurisdiction to entertain same.

4
Wilfred Okiche, ‘The Nigerian filmmaker reshaping Nollywood in her own image’ (AL JAZEERA, 19 Aug 2023 )
<https://www.aljazeera.com/features/longform/2023/8/19/the-nigerian-filmmaker-reshaping-nollywood-in-her-own-image >
accessed 20 February 2024.

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1.2.1 ACCESSING THE LEGAL STANCE OF DEFAMATION: ITS ELEMENTS AND POSSIBLE

DEFENSES

Defamation simply tends to define a malicious Fundamentally, defamation is categorized into:

publication of any information to a third party libel and slander.
that injures the reputation of another person
which lowers the person in the estimation of Libel is defamation in a permanent form, and it is
right-thinking members of society or expose actionable per se, i.e. without necessarily proving
him to hatred or ridicule without lawful damage and injury.11 It is said to be in permanent
justification. form because it is contained in a painting,
photograph, a statue, or a film. In an action for
It includes any imputation which may lower the defamation, the defamed must essentially
plaintiff in the estimation of right-thinking establish three elements: First, that the words were
members of the society, cut him off from defamatory, second, that the words referred to the
society, or expose him to hatred, contempt or plaintiff, and thirdly, that the words were published
ridicule.5 Defamatory publications may be in to at least one person other than the plaintiff. The
writing, words, painting, electronic devices, Gangs of Lagos movie, following a close scrutiny,
statue, tape, and so on.6 In Nigeria, like in other can be rightly said to have fulfilled all the
common law jurisdictions, defamation can be a conditions.
tort or a crime or both. The Penal Code Act,7 the
Criminal Code Act,8 and the Cybercrime Act9 1.2.2 POTENTIAL DEFENCES AVAILABLE TO
have criminalized defamation. THE DEFENDANT
One of the crucial defenses which would most
As earlier said, for a person suing for the tort of likely avail the defendant is unintentional
defamation to succeed in his action, he must defamation. Initially, at Common law, unintentional
establish three elements: that the words were defamation is not a defense to an action for libel
defamatory, that the words were referred to the or slander. In Hulton v Jones12 the defendants
plaintiff, that the words were published (to at published a fictional story in their newspaper
least one person other than the plaintiff).10 concerning the adulterous exploits of one
“Artemus Jones”. A real person named Artemus

5
See Benue Printing and Publishing Corp. v Gwagwada (1989] 4 NWLR (pt. 116) 439)
6
Defamation Law, Cap34, Laws of Lagos State, 1952 s. 3
7
Penal Code Act, Cap.53 Laws of the Federation of Nigeria, 2004. s. 319-395
8
Criminal Code Act, Cap. C38, Laws of the Federation of Nigeria, 2004. s. 375
9
Cybercrimes (Prohibition, Prevention, etc.) Act, 2015. s. 24
10
Kodilinye G. and Aluko, The Nigerian Law of Torts (Spectrum Book Ltd, 2001).
11
Cross Rivers State News Paper Corporation v Oni (1995) I NWLR (PT 3710), 270
12
[1909] UKHL 591

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Jones sued the defendants for libel and his action succeeded, despite the fact that the use of his name
was quite accidental. The Legislature in England noticed the manifest absurdity of cases like Hulton v
Jones 13and introduced a new statutory defence in cases of unintentional defamation. This defence
was later introduced into Nigeria by section 6 of the Defamation Law, 1961.14 As such, a defendant
may escape liability for damages if he is willing to publish a reasonable correction and apology called
“offer of amends”.

13
Ibid.
14
Defamation Law, Cap. 34 Laws of Lagos State, 1973. s. 6

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ATAGUBA S. ABOJE ESQ v. INDEPENDENT ELECTORAL COMMISSION

(Appeal No.: CA/ABJ/CV/07/2023)

Ataguba S. Aboje Esq v. Independent Electoral Commission15 borders on the time frame within which

to file and appeal a pre-election matter; it also addresses the question of persons with the requisite

locus standi to institute pre-election matters.

Brief Fact of the case

The Appellant filed the suit via a writ of originating summons for the interpretation of the Constitution

of the Federal Republic of Nigeria and the Electoral Act as it concerns the nomination of candidate for

President and Vice President of a political party prior to the conduct of the presidential primary election.

The Federal High Court reasoned that the matter brought before it is a pre-election matter and not a

matter of interpretation of law. The trial court further struck out the suit for lack of jurisdiction. This

instant case is an appeal against the decision of the Federal High Court, Abuja.

Issue before the Court of Appeal

The time frame within which to file and appeal a pre-election matter.

Whether the lower court erroneously struck out the suit on the ground that the proper parties were not

before the court.

15
Ataguba S. Aboje Esq. v Independent National Electoral Commission (2023) CA

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Decision of the Court of Appeal

On the first issue, the court held that “an appeal from a decision in a pre-election matter shall be

filed within 14 days from the date of delivery of the judgement appealed against.” Per
Mohammad Baba Idris JCA.

Dismissing the appellant’s claim, the court relied on the combined provisions of sections 131(c) and

142(1)(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) 16 and sections 29(1),
32(1), 84(1)(2)(3), 152 of the Electoral Act 202217. The crux of the matter was basically the failure of the

nominee of a particular political party to nominate another associate from the party for their running
for the office of the President and Vice president to contest the presidential primary with them, which

contravenes with the provisions of S. 142 of the Constitution of the Federal Republic of Nigeria, 199918.

On the second issue, it was obvious that the plaintiffs had no contentions with INEC and were wrong

to have sued them, as the court rightly held. By virtue of Section 285(14) of the 1999 Constitution19,
the persons who have locus-standi to institute pre-election matters are aspirants and political parties

who for whatever reason notice any form of irregularities by the political party or the Independent
National Electoral Commission. This has been corroborated by Section 84(9) of the Electoral Act, 202220

as it has also been given judicial pronouncement in the case of OLLEY v TUNJI & ANOR21. On appeal,
Mohammed Baba Idris JCA said that,

It’s so clear that the Appellants are simply impertinent interlopers, meddling in a very
offensive manner in other affairs. It was for this reason that the Respondents here-in

saw them as nosy and a nuisance. I cannot see how or where the Appellants derived
the right or capacity to bring this action in the manner that they did.22

16
Constitution of the Federal Republic of Nigeria, 1999(as amended)
17
Electoral Act, 2020(as amended)
18
CFRN, s 142
19
Ibid s 285(14)
20
EA, s 84(9)
21
Olley v Tunji & anor (2013) 10 SCM 210
22
Ataguba S. Aboje Esq. v Independent National Electoral Commission (Supra)

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It can be inferred that the court adopted the ruling laid down in the case of PDP v SYLVIA23. In that
case, the 1st respondent did not participate as a candidate in the appellant’s primaries for Governor of

Bayelsa State in 2012. Not being a candidate, the 1st respondent could not be heard to complain about
the conduct of the primaries. The erudite Justice Muhammed JSC held that,

The provisions of the Electoral Act, 2010 are quite plain. The 1 st respondent who was
not a candidate and who did not participate in the contests in the primaries conducted

by the appellants on 19th November, 2011, is certainly not clothed with any rights to
approach any court for redress on the very clear provisions of the law.

The judgment of this case follows what the law says and most importantly, what the legislature
intended. It has been lucidly provided for that only a person who is an aspirant can bring a claim or
institute an action before the court. This is to prevent a non-meritorious action that can only waste the
time of the court. It’s trite law that only a party who is affected by an action of another can bring a claim

to court. This developed primarily to protect the courts from being used as a playground by professional
litigants, and meddlesome interlopers, and busybodies who have no real stake or interest in the subject

matter. As Lord Denning has it, “the prerogative orders will be withheld from a mere busybody
who is interfering in things which do not concern him.”

23
PDP v Sylvia (2012) 13 NWLR (pt 1316) 85

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NAVIGATING THE INTELLECTUAL PROPERTY LAW, CHALLENGES AND OPPORTUNITIES

FOR LEGAL PRACTITIONERS

INTRODUCTION industrial designs, geographical indications,

Intellectual property refers to the product of a protection of layout design of integrated

person's imagination and creativity and the circuits and protection of undisclosed
rights of the owners and inventors to control information (trade secrets). Intellectual

the use of their products. Intellectual property Property rights connotes the legal ownership

can be sold, bought, exchanged and licensed by a person or business of an invention as well
to other people or organizations by the as discovery attached to particular product or

intellectual property holder. Intellectual processes which protects the owner against
property is intangible and is not associated unauthorized copying or imitation.

with the tangible artistic, dramatic or musical

work which may have resulted from it. For CHALLENGES FACED BY LEGAL

example: a book is genuine property and can PRACTITIONERS OF INTELLECTUAL

change hands without affecting the PROPERTY LAWS

intellectual property of the artist. Intellectual While intellectual property law is designed to
property is protected by intellectual property protect the rights of creators and inventors, it

law. There are four major types of intellectual has been criticized for a variety of reasons. The
property law which include: patents, current system of intellectual property law is

copyrights, trademarks and trade secrets. not perfect, and in order to provide adequate
However, designs, circuit layouts, new plant solutions, it is important to recognize the flaws

varieties, confidential information, duty of in the system.

fidelity, trade secrets, confidentiality and moral

rights are also included. One of the main issues is the insufficiency of
the legal frameworks for the protection of

Intellectual Property rights is a general term these rights. Some of these laws are
covering patents, copyright, trademark,

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antiquated24 and they cannot handle recent proficiency to efficiently navigate. The ubiquity
issues which were not envisaged because of of piracy and counterfeiting, particularly in

technological advancements and globalisation. Nigeria, poses a significant problem to

Additionally, issues pertaining to software, the attorneys practicing intellectual property law.

internet, privacy, and competitiveness are not The task of stopping these illegal behaviors
adequately covered by our intellectual property through enforcement measures, public

laws.25 The existing Copyright Act has made awareness campaigns, and partnerships with
provisions for situations in which someone appropriate authorities falls to legal

reproduces a book without authorization.26 It practitioners.

does not address cases where copyrighted

works are now violated online, and these cases The rapid evolution of technology poses a
have become far more common. Lawyers may substantial problem for legal practitioners in

find it difficult to defend their clients' the field of intellectual property law. In order to
intellectual property rights and pursue legal keep up with the unparalleled rate of

action in the event of infringement in the technological advancement, intellectual

absence of a solid legal framework. property rules and regulations must be

updated on a regular basis. Given the

The lack of understanding by the general public developments in fields like biotechnology,

in this field, is a significant issue that lawyers blockchain, and artificial intelligence, lawyers
must deal with. The regulations pertaining to need to keeping abreast of these

intellectual property are intricate and dynamic, developments in order to give their clients
necessitating specific knowledge and accurate advice regarding the protection of

24
The Trademark Act, 2004 is overdue for an amendment.
Matters having to do with the protection of new forms of
trademarks like scents, fragrances including sounds are yet to
be addressed. Also, the Nigerian Patent Act, 1970 is yet to be
amended since it was enacted about 50 years ago.
25
IP Bulletin, ‘ Issues and Challenges faced in Intellectual
Property Rights – An Overview of Nigeria’s Legal Framework’
(2022) <https://ipbulletin.in/intellectual-property-rights-in-
nigeria/> accessed 18 February 2024
26
Kehinde Fatoba, ‘Intellectual Property Rights – An Overview of
Nigerian Legal Framework’ (2022)
<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=350189
8#:~:text=Kehinde%20Fatoba,-
Independent&text=All%20three%20major%20areas%20of,and%
20trademark%20(symbolic%20information)> accessed 18
February 2024

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their intellectual property rights. Since

intellectual property issues frequently cross- In the field of biotechnology, legal practitioners

national borders in today's interconnected specializing in IP Law can play a crucial role in
world, attorneys practicing intellectual property protecting the intellectual property rights of

law must navigate the complexities of companies developing new drugs and medical
international treaties, agreements, and devices. In the entertainment industry, IP

regulations in order to protect their clients' specialists can help artists and content creators
rights to intellectual property globally. This can protect their copyrights and trademarks. By

be especially difficult given the variations in specializing in a particular area of IP Law, legal
legal systems and enforcement mechanisms practitioners can become experts in their field

amongst nations.27 and provide valuable services to clients.

OPPORTUNITIES IN IP LAW Law firms such as Fish & Richardson, Finnegan,

1. Specialization in IP Law and Knobbe Martens have built thriving

One of the most significant opportunities for practices by focusing exclusively on intellectual
legal practitioners in IP Law is the chance to property law. By specializing in areas such as

specialize and carve out a niche for themselves. patents, trademarks, copyrights, and trade
As technology continues to advance, new secrets, these firms have been able to attract

industries emerge, and global trade expands, high-profile clients and command premium
the demand for IP specialists is on the rise. rates for their services. According to the AIPLA,

According to a report by the World Intellectual the median salary for IP law specialists in the
Property Organization (WIPO), the number of United States is $200,000 per annum, with

patent applications worldwide has been some practitioners earning significantly more.
steadily increasing, with 3.46 million patent

applications alone in 2022.

27
John Onyido, ‘ Intellectual Property Law and Practice property-law-and-practice-in-nigeria-a-practitioners-
in Nigeria: A Practitioner’s Perspective’ CLRNN (2021) perspective/> accessed 18 February 2024
<https://www.clrnn.net/2021/07/08/intellectual-

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2. Technological Advancement (AI, BIG 3. Collaboration with Multinational

DATA ANALYTICS) Corporations and Startups

Technological advancements, particularly in the The globalization of commerce has created

realms of artificial intelligence (AI) and big data unprecedented opportunities for legal

analytics, present unique opportunities for practitioners to collaborate with multinational

legal practitioners in the field of intellectual corporations and startups on intellectual

property law. With the proliferation of digital property matters. In today’s digital world,
technologies, the volume and complexity of companies must navigate a complex web of

intellectual property disputes have increased international laws and regulations to protect
exponentially. In response to this trend, many their intellectual property rights across borders.

law firms are leveraging AI-powered tools and As a result, there is a growing demand for
analytics platforms to streamline their legal lawyers who possess expertise in international

research, analyze vast troves of data, and intellectual property law and can provide
identify patterns and trends in intellectual guidance on issues such as cross-border

property cases. licensing agreements, global patent

prosecution strategies, and international

For instance, companies like Legal Sifter and trademark disputes.

ROSS Intelligence offer AI-driven platforms

that can review contracts, analyze patent Law firms like Baker McKenzie and Hogan
portfolios, and provide valuable insights to Lovells have established dedicated teams of IP

legal practitioners. By harnessing the power of lawyers who specialize in advising multinational
AI and big data analytics, lawyers can enhance corporations on intellectual property matters.

their efficiency, reduce costs, and deliver more By forging strategic partnerships with these
strategic advice to their clients. firms, legal practitioners can gain access to a

broad network of international clients and

expand their global reach.

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4. Litigation and Dispute Resolution

The landscape of Intellectual Property Law is replete with litigation and disputes arising from

allegations of infringement, misappropriation, and unauthorized use of protected assets.

Consequently, legal practitioners proficient in Intellectual Property Law are well-positioned to

capitalize on opportunities in litigation and dispute resolution, representing clients in both

contentious and non-contentious proceedings.

Let’s look at the landmark case of Apple Inc. v. Samsung Electronics Co., which captivated the global
legal community with its high-stakes battle over patent infringement in the smartphone industry.

Legal teams from renowned firms such as Quinn Emmanuel Urquhart & Sullivan LLP and Morrison
& Foerster LLP played pivotal roles in advocating for their respective clients, highlighting the

indispensable role of legal practitioners in safeguarding Intellectual Property rights through

litigation.

CONCLUSION

The rapid evolution of technology poses a substantial problem for legal practitioners in the field of
intellectual property law. In order to keep up with the unparalleled rate of technological

advancement, intellectual property rules and regulations must be updated on a regular basis. Given
the developments in fields like biotechnology, block chain, and artificial intelligence, lawyers need

to keeping abreast of these developments in order to give their clients accurate advice regarding
the protection of their intellectual property rights. Since intellectual property issues frequently

cross-national borders in today’s interconnected world, attorneys practicing intellectual property

law must navigate the complexities of international treaties, agreements, and regulations in order

to protect their clients’ rights to intellectual property globally. This can be especially difficult given
the variations in legal systems and enforcement mechanisms amongst nations. Through the

proposed reforms, legal practitioners can successfully navigate the existing challenges revolving
intellectual property.

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EDITORIAL TEAM

Emmanuel Ochuba -Editor in Chief Tolukeji Shopein – Deputy Editor in Chief

Anjolaoluwa Fadele- Editor Ejimkonye Uzochukwu- Editor

Lawal Olawumi- Editor Negedu Blessing- Editor

Akinnola Oluwafeyisemiire – Editor Lazarus Favour - Editor

Egwu Francis – Editor Roqeeb Adebayo- Editor

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Praise Chikezie – Editor Salisu Abdulazeez - Editor

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