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The Constitutionality of the Administrative Penalties Under Sections 18 and 19 of the Finance Act 2023
0₦2,500.00Ifeanyi Ujah, in his article The Constitutionality of the Administrative Penalties Under Sections 18 and 19 of the Finance Act 2023, examines the constitutionality of Sections 18 and 19 of the Finance Act 2023 which amended Sections 51, 52 and 53 of the Petroleum Profit Tax Act (PPTA). The article examines the propriety of those administrative penalties introduced by the amendment against the background of the 1999 Constitution of the Federal Republic of Nigeria. It concludes that these administrative penalties constitute a usurpation of the judicial powers of courts and a legislative infringement on the fundamental human rights to fair hearing.
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Udeogu v FRN: The Need to Revisit the Provisions of Section 396(7) of ACJA 2015
0₦2,500.00Simeon Okoduwa and Theophilus Ochonogor of the Alliance Law Firm, in their article, Udeogu v FRN: The Need to Revisit the Provisions of Section 396(7) of ACJA 2015, note that the decision of the Supreme Court which declared section 396(7) of ACJA, 2015 as inconsistent with the 1999 Constitution and therefore void needs to be revisited. The Section provides that a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge to conclude any part-heard criminal matter pending before him at the time of his elevation. Okoduwa and Ochonogor argue that if the imperatives of deepening access to justice and unburdening the pressure of the business of courts are to be attained, the Section needs to be retained.
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The Supreme Court of Nigeria and its Underlying Philosophies in Constitutional Matters
0₦2,500.00Dr Chukwuma Chinwo, formerly Senior Lecturer at the Rivers State University, and now a Port Harcourt-based Legal Practitioner in his article, The Supreme Court of Nigeria and its Underlying Philosophies in Constitutional Matters, asks a question that bothers many: How can the same Court give different judgments on matters having similar facts? Dr Chinwo examines the Supreme Court of Nigeria’s judicial philosophy. From an extensive review of several Supreme Court decisions, he weaves a coherent thread of factors that influence the Court’s judgments.
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An Analysis of Revamped Functionality for Vicarious Liability in Nigeria
0₦2,500.00Dr Chinwuba Nwudego, Associate Professor of Law University of Lagos Akoka Nigeria in her article, An Analysis of Revamped Functionality for Vicarious Liability in Nigeria, observes that Tort Law, a judge driven law, contemplates a soft constitutional framework of assuring to parties who may not necessarily be in direct contract, a remedy for injuries suffered. She examines the contemporary and comparative scope, development and application of vicarious liability in Nigeria and the United Kingdom. She further explores the policy and theoretical basis, and the modern scope and criteria for engaging vicarious liability. She summarises the progress of the law in this area and shows how it has continued to be the organising spirit of society.
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Section 34 of the Arbitration and Conciliation Act: Issues Arising
0₦2,500.00Joseph Mbadugha of McCarthy Mbadugha & Co and Visiting Professor of International Arbitration, Palacky University, Olomouc, Czech Republic in his article “Section 34 of the Arbitration and Conciliation Act: Issues Arising” examines the constitutionality of section 34 of the Arbitration and Conciliation Act. He contends that selecting arbitration as a means of resolving a particular dispute amounts to abandonment of the right of litigation and waiver of the constitutional right of resort to the court. He argues that parties’ choice of arbitration suspends the jurisdiction of courts over the same dispute and in consequence, section 34 is constitutional. He concludes that the inherent powers of the courts under the 1999 Constitution does not extend to restraining arbitration or further conduct of arbitral proceedings.
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The Exclusive Jurisdiction of the Investments and Securities Tribunal (IST): A Constitutional Perspective
0₦2,500.00Abubaki Yekini of the Lagos State University in his article, “The Exclusive Jurisdiction of the Investments and Securities Tribunal: A Constitutional Perspective”, examines the constitutionality of the exclusive jurisdiction conferred on the Investments and Securities Tribunal (IST) by the Investments and Securities Act in view of Section 251(e) of the 1999 Constitution and posit that as the IST is not listed in the Constitution as a superior court, the fate that befell the defunct VAT Tribunal and the National Industrial Court (before the third alteration to the 1999 Constitution) may lie in wait it.
