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Adjournment of Proceedings Sine Die Pending Appeal: Has the Decision of the Supreme Court in Alioke V Oye Changed the Law?
0₦2,500.00Sir Isaac Obi, Partner at Alliance Law Firm, in his article, Adjournment of Proceedings Sine Die Pending Appeal: Has the Decision of the Supreme Court in Alioke V Oye Changed the Law? explains that adjournment of court proceedings, sine die, pending appeal has been one of the ways the appellate courts maintain and preserve their superiority over lower courts in Nigeria. Once an appeal has been properly entered before an appellate court and the lower court is formally notified, it is automatically stripped of its jurisdiction on that matter until the appellate court concludes the matter. Recently, it has been argued that the decision of the Supreme Court in Alioke v Oye has changed the law. It is argued that an appeal does not operate as a stay of proceedings and that until the appellate court makes a definite order compelling the lower court to adjourn the matter, the lower court retains its discretion whether or not to adjourn the matter sine die, pending appeal, irrespective of the fact that an appeal has been entered. Sir Obi critically analyses the decision in Alioke v Oye to see whether the law has really changed.
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Further Issues on Pre-Emptive Remedies Under the Lagos State High Court (Civil Procedure) Rules 2019
0₦2,500.00Dr Muiz Banire SAN, Principal Partner of MA Banire and Associates, in his article, Further Issues on Pre-Emptive Remedies Under the Lagos State High Court (Civil Procedure) Rules 2019, notes the importance of the existence of the res prior to the institution of a suit and during its pendency. He explains that all courts possess the power to preserve the res in an action. The rationale is to ensure that the final order does not expose the court to a state of helplessness, leaving a victorious party with a mere empty and pyrrhic victory. A section of the High Court of Lagos State (Expeditious Disposal of Civil Cases) Practice Direction No. 2 of 2019 on Pre-action Protocol deals with pre-emptive remedies. Dr Banire, in the article, which is a sequel to the one published by The Gravitas Review in December 2021, explains the need for a proper application of preemptive remedies provision in the Practice Direction. He examines recent decisions of the High Court of Lagos State, which suggest that some Judges are yet to appreciate the essence and unique character of the preemptive remedy provisions.
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Compelling Non-Signatories to Arbitral Proceedings in Nigeria
0₦2,500.00Dr Lawal Ijaodola and Oluwaseun Oyekan, both formerly of G. Elias and now at the University of Oxford and Nottingham Trent University, United Kingdom, respectively, in their article, Compelling Non-Signatories to Arbitral Proceedings in Nigeria, note that the basis of any arbitration in Nigeria is a written agreement between two or more parties to resolve their disputes by arbitration. However, in the case of Metroline (Nig.) Ltd. v Dikko (Metroline), the Court of Appeal held that an arbitral award was binding on a non-signatory to the arbitration agreement. Dr Ijaodola and Oyekan appraise Metroline and conclude that the reasonings of the Court of Appeal are not justified by statutes or judicial precedent. They also examine instances where non-signatories may be compelled to arbitration in Nigeria and found none of them was present in Metroline. However, the authors note that the reasonings in Metroline could be salvaged by three principles which, although alien to Nigerian law, could justify the decision.
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The Gravitas Review of Business & Property Law Vol.13 No.2 – Print
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.13 No.2, there are well researched articles on:
- Investments & Securities Law
- Arbitration
- Competition Law
- Litigation Practice & Procedure
- Maritime Law
- Data Protection & Privacy
- Environmental Law
- Intellectual Property
- Energy Law
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The Gravitas Review of Business & Property Law Vol.13 No.2 – E-Book
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.13 No.2, there are well researched articles on:
- Investments & Securities Law
- Arbitration
- Competition Law
- Litigation Practice & Procedure
- Maritime Law
- Data Protection & Privacy
- Environmental Law
- Intellectual Property
- Energy Law
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The Gravitas Review of Business & Property Law Vol.13 No.2
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.13 No.2, there are well researched articles on:
- Investments & Securities Law
- Arbitration
- Competition Law
- Litigation Practice & Procedure
- Maritime Law
- Data Protection & Privacy
- Environmental Law
- Intellectual Property
- Energy Law
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Trademark Protection Under the Companies and Allied Matters Act 2020: An Evaluation of an Expanded Protective Framework in Nigeria
0₦2,500.00Richman Thommanuel, Associate, Aluko & Oyebode, in his article, Trademark Protection Under the Companies and Allied Matters Act 20202: An Evaluation of an Expanded Protective Framework in Nigeria, explains that in furtherance of the need to protect trademarks and prevent infringement, the Companies and Allied Matters Act (CAMA) stipulates as a precondition for the registration of a company, that where the proposed name of the company conflicts with or is likely to conflict with an existing trade mark registered in Nigeria, the name shall not be registered by the Corporate Affairs Commission (CAC). To give meaning to the provision, the CAMA 1990 empowered the CAC to issue directives for a company to voluntarily change its name if the same was inadvertently registered under a name that conflicts with an existing trademark. Despite the powers conferred on the CAC in this regard, the CAMA 1990 was flawed with shortcomings, including the absence of a mechanism to enforce the CAC’s directives for an infringing company to change its name. This lacuna has been addressed by CAMA 2020. Richman examines the expanded protective framework under the re-enacted CAMA.
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Risks in Financing Renewable Energy Projects in Emerging Markets: A Nigerian Case Study
0₦2,500.00Oluwafunmilayo Olofinlade of the University of East London UK, in her paper, Risks in Financing Renewable Energy Projects in Emerging Markets: A Nigerian Case Study, notes that the world is inching away from the use of energy sources that deplete the ozone layer and towards the adoption of a net-zero path in resolving the ever-worsening issue of climate change. Alternative energy sources whose utility does not deplete the ozone layer have been identified as germane to reducing greenhouse gas emissions. This has seen remarkable investments in renewable energy globally. Oluwafunmilayo examines renewable energy financing in Nigeria. She considers the main risks involved in renewable energy project agreements as they affect emerging economies like Nigeria and proffers ways to mitigate them.
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Expanding the Frontiers of Corporate Environmental Liability: The Case of Okpabi v Royal Dutch Shell Plc
0₦2,500.00Similoluwa Daramola, in her paper, Expanding the Frontiers of Corporate Environmental Liability: The Case of Okpabi v Royal Dutch Shell Plc, which reviews the English case, considers the implications of the case and the court’s decision on the concept of the parent company liability under the common law duty of care. The case expands the frontiers of corporate environmental liability in terms of holding parent multinational companies liable for the environmental activities of their subsidiary companies in other parts of the world. Similoluwa argues that the decision is vital in promoting the environmental goals of the United Nations in developing countries like Nigeria, where multinational companies often maintain lower standards of operations.
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An Examination of the Power to Legislate on Data Privacy under the Nigerian Constitution
0₦2,500.00Stephen Agbada, Associate at Streamsowers & Köhn, in his article, An Examination of the Power to Legislate on Data Privacy under the Nigerian Constitution, notes that in response to the urgent need for adequate data protection, the National Information Technology Development Agency (NITDA) issued the Nigerian Data Protection Regulations, 2019 (NDPR). Does NITDA have the power to regulate data privacy? What is the difference between Data Privacy and Data Protection? Is Data Protection an Exclusive, Concurrent or Residual List item under the Nigeria Constitution? Agbada proffers his views on these pertinent questions in his examination of the powers of the National and States Houses of Assembly to legislate on data privacy.
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Testing the Limits of Maritime Claims in Arrest of Ship and Other Res in Nigeria: Re: Stallionaire Nigeria Limited v Acorn Petroleum Plc
0₦2,500.00Nonso Azih, Principal Counsel Azih & Azih, in his article, Testing the Limits of Maritime Claims in Arrest of Ship and Other Res in Nigeria: Re: Stallionaire Nigeria Limited v Acorn Petroleum Plc, notes that international carriage of goods by sea is generally fraught with challenges relating to the competing interest of consignees and other cargo interests, charterers and shipowners. These challenges give rise to adjudication or arbitration to resolve issues relating to parties’ terms, conditions, rights, and obligations. The essence and strict application of admiralty jurisdiction in resolving maritime disputes remain essential, particularly as it relates to in rem maritime claims that give rise to the arrest of a ship or other res. Nonso re-examines and re-emphasises the principle that only a maritime claim, whether general or proprietary in nature, as recognised under relevant laws, can or should ground an arrest of a ship or cargo in Nigeria. He argues that a strict observance and application of procedural and substantive elements of admiralty jurisdiction as it relates to maritime claims is sine qua non for effective maritime law practice and dispute resolution.
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The Neurological Basis of Statutory Defences in the Determination of Criminal Responsibility
0₦2,500.00Dr O. I. Derik-Ferdinand, Senior Lecturer, Department of Legal Studies, Bayelsa State Polytechnic and Dr Gina Elvis-Imo, Acting Head of Department, Department of Jurisprudence and Public Law Niger Delta University, in their paper, The Neurological Basis of Statutory Defences in the Determination of Criminal Responsibility, explain that statutory criminal defences are formidable tools in the hands of the defence, specifically designed and aimed at mitigating or, in certain circumstances exculpating the defendant wholesomely from the harshness of criminal law. Derik-Ferdinand and Elvis-Imo examine the philosophical basis of criminal defences and ascertain whether statutory criminal defences are neuroscientific in their statutory entrenchment and whether they are neurologically linked in their operational foundation. In addition, they assess and evaluate the criminal defences from the provisions of the Criminal Code in Nigeria.
