Department of Business and Private Law

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Browsing Department of Business and Private Law by Author "AKINTOYE OLARIYIKE DAMOLA"

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    Challenges of Protecting Music Intellectual Property in the Digital New Age in Nigeria.
    (Published by East African Nature andScience Organisation, 2023-04-24) AKINTOYE OLARIYIKE DAMOLA
    This article examines the challenges the Music Industry faces in the area of protection of its intellectual property. The protection of a country’s intellectual property should be the priority of all responsible governments. In Nigeria, the Copyright Act 2004 (Cap C28 Laws of the Federal Republic of Nigeria (LFN) used to be the principal legislation for the protection of innovative works. However, on March 17, 2023, the Nigerian President, Major General Muhammadu Buhari (Rtd) signed the Copyright Bill into law. The House of Assembly passed the Bill for an Act to Repeal the Copyright Act 2001 and enact a new Copyright in July, 2022. The purpose of this paper is to identify the ways the new Act can better protect the rights of musicians and ensure just rewards and recognition for their intellectual efforts. The paper found out that the new Act intends to, among others, expand the rights of authors, raise the sanctions of criminal infringements and address the challenges posed by digital and online use of copyright works. The paper recommends, among others, the creation of strong enforcement mechanisms so that the new Copyright At 2023 can achieve the purpose for which it was enacted which are to guard intellectual creations against all forms of infringements and to boost the nation’s creative economy in order to make it ore globally competitive in the digital new age.
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    INVESTIGATION POWER OF THE FEDERAL INLAND REVENUE SERVICE (FIRS): AN OVERVIEW
    (COLLEGE OF LAW , SALEM UNIVERSITY, LOKOJA. KOGI STATE, 2018) AKINTOYE OLARIYIKE DAMOLA
    Introduction In recent times, Government have come up with different legislative and operational measures to curb or control fiscal fraud. Under tax law, most countries have extended the investigative powers of tax authorities. In Nigeria, one of the means of extension of investigative power of the FIRS is the mandate given to bankers to give information upon demand by the Service, of the financial statement of the individuals and body corporate, and also the names and addresses of new customers of the bank. Section 28 (2) of the Act specifies that, for the purpose of obtaining information relative to taxation, the Service may give notice to any person including a person engaged in banking business in Nigeria to provide within the time stipulated in the notice, information including the name and address of any person specified in the notice. This provision of the Act which makes it compulsory for a banker to provide information to the Service has the objective of reinforcing the tax authorities’ investigative powers in the search for information at financial or banking institutions. Where banking information is required, the notice to the relevant bank must be signed by the Chairman of the Board. Section 48 of 2004 PITA requires a tax authority to disclose information in its possession and relating to an individual taxpayer, to another tax authority or the Joint Tax Board (JTB) if it is in the public Revenue interest to do so. Power of investigation is therefore one of the essential instrument of tax enforcement at the disposal of the Federal Inland Revenue Services.
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    Observing Corporate Governance Ethical Best Practices of Privacy and Data Protection in the Covid-19 Era in Nigeria
    (Published by School of Law, Kampala International University,Kampala,Uganda., 2022-11-10) AKINTOYE OLARIYIKE DAMOLA
    Most data protection regulations recognize the need for balance between the rights of individuals and the justifiable interference with these rights. The Nigeria Information Technology Development Agency (NITDA) issued the Nigerian Data Protection Regulation (NDPR) to create a regulatory framework that conforms to international standards and good corporate governance practices. This paper attempts to address the question of how well the personal data collected during the pandemic could be safeguard from branches. This paper used the doctrinal research methodology with recourse made to the primary and secondary sources of gathering information. It recommends that good corporate governance practices in the area of data and privacy protection should be adopted by public and private institutions. It further suggests that the collection of data should be guided by an extant law, while adopting the principle of necessity, and transparency. The study concludes that in as much as data collection is important to combat the spread of Covid-19, this should be done while respecting ethical best practices.
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    THE NIGERIAN TAX ADMINISTRATION IN PERSPECTIVE: THE WAY FORWARD
    (Gravitas LBR Ltd, 2015) AKINTOYE OLARIYIKE DAMOLA
    Abstract The low revenue yield from taxation in Nigeria is attributed to the ineffectiveness of tax administration. The article emphasizes the importance of effective tax administration to the tax system and avers that the best tax policy in the world is worth little if it cannot be well administered. A good tax administration is premised on well-designed tax policies that are administratively feasible. The paper identifies the bodies administering taxes in Nigeria, the functions of tax administrators and some of the challenges facing Nigeria tax administration. Suggestions are proffered on the way forward. It concludes that Nigeria needs a government with strong political will, coupled with well-disciplined administrators to implement its tax policies so as to improve her income generation through effective but equitable taxation. The drastic drop from oil revenue makes this need inevitable.