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An Overview of the Assessment and Determination of Employee Tax in Nigeria
0₦2,500.00Eti Herbert, Legal Practitioner and Researcher in his article, An Overview of the Assessment and Determination of Employee Tax in Nigeria, examines the provision of the Personal Income Tax Act (PITA)and other relevant laws on the assessment and determination of employee tax in Nigeria; what is chargeable to tax; the implementation of the Pay-As-You-Earn (PAYE) system and, reliefs and deductions. He highlights inconsistencies and inadequacies in the provisions of PITA and other existing laws and recommends a review of the laws.
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An Overview of the Legal and Economic Implications of Nigeria’s Execution of the African Continental Free Trade Area (AfCFTA) Agreement
0₦2,500.00Uche Val Obi SAN of Alliance Law Firm Lagos Nigeria, in his article, An Overview of the Legal and Economic Implications of Ngeria’s Execution of the African Continental Free Trade Area (AfCFTA) Agreement comprehensively reviews the AfCFTA Agreement brokered by the African Union and adopted by 44 of its 55 member states on 21 March 2018. The AfCFTA aspires to enhance Africa’s participation in the global economy by increasing intra-African trade flows and attracting foreign investment. The promise that AfCFTA represents, when fully operational, is that it would become the world’s largest free trade area by the number of countries, and in the not-too-distant future, by trade as well. Val Obi SAN examines what AfCFTA portends for the economic prosperity of its signatories and the operational challenges that member countries must grapple with to achieve a safe berth at the desired harbour. He proposes a road map for dealing with the multifarious challenges that currently confront the agreement.
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An Overview of the Legal Framework for Housing Finance and Securitisation in Nigeria
0₦2,500.00Professor Konyinsola Ajayi, SAN & Tomi Oluleye of Olaniwun Ajayi LP in their article, “An Overview of the Legal Framework for Housing Finance and Securitisation in Nigeria” discuss the mortgage concept in Nigeria and its centrality to housing finance. They give an overview of the legal framework for housing and mortgage finance in Nigeria and the various actors in the system. They identify how the Land Use Act and funding challenges hamper an efficient mortgage finance system and advocate the creation of an active secondary mortgage market where mortgaged-backed securities are traded as a viable option in obtaining liquidity for the primary mortgage market. They recognise mortgage securitisation as the fulcrum of a secondary mortgage market and conclude with an analysis of mortgage securitisation in the U.S and the lessons to be learnt from its subprime lending crisis.
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An Overview of the Legal Principles Governing the Creation and Operation of Ship Financing in Nigerian Maritime Industry
0₦2,500.00Dr Ekundayo Babatunde, Senior Lecturer, Faculty of Law, KolaDaisi University Ibadan Nigeria, in his article, An Overview of the Legal Principles Governing the Creation and Operation of Ship Financing in Nigerian Maritime Industry, analyses the legal framework governing ship financing in the Nigerian maritime industry. He considers laws governing ship financing in Nigeria with particular attention to foreign and local participation in the maritime industry. Babatunde explores global best practices on the protection of local maritime industry, Nigeria’s experience with Cabotage and other burning issues in the Nigerian maritime industry.
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An Overview of the National Industrial Court (Civil Procedure) Rules 2016
0₦2,500.00Folabi Kuti, Partner, Perchstone & Graeys gives “An Overview of The National Industrial Court of Nigeria (Civil Procedure) Rules 2016” in his beautifully written article. He x-rays the salient and revolutionary provisions of the new Rules, the confusion between the short and long titles, and the applicability of ratified but undomesticated treaties by the National Industrial Court.
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An Overview of the Nature of Security Interest of a Charge under Nigerian Law
0₦2,500.00Oluwaseun Ojo, Associate at Olaniwun Ajayi LP undertakes An Overview of the Nature of Security Interest of a Charge under Nigerian Law. He observes that security is central to debt financing arrangement between parties as it seeks to find a balance amongst the commercial interests of both parties. On the part of the lenders, security gives a sense of assurance of repayment of the loans and, on the part of the borrowers, availability of security guarantees unlimited access to credit facilities. Of all the common security interests typically taken by lenders in corporate financings, the Charge is the most popular. It is often utilised both in simple and complex commercial and secured lending transactions in Nigeria. Ojo examines the purpose of and the different types of security, the nature and extent of interest created under a charge and relevant statutory requirements for perfection of a charge.
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An Overview of the Status, Duties and Responsibilities of Secretaries in Public Companies in Nigeria
0₦2,500.00Gogo Otuturu, Lecturer, Faculty of Law, Niger Delta University, Wilberforce Island, Bayelsa State, provides “An Overview of the Status, Duties and Responsibilities of Secretaries of Public Companies in Nigeria”. He draws a distinction between the secretary of a private company and the secretary of a public company in terms of the requirements for their appointment and removal from office. He notes that the secretary of a public company is not only a high-ranking officer but also the only employee in the corporate set up whose employment is protected by statute. He posits that the modern corporate practice of appointing the secretary of a public company in a dual capacity as Secretary/Legal Adviser, Secretary/Chief Accountant or Secretary/Head of Administration should lead to a rethink of the qualifications of the secretary of a public company.
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Analysis of Copyright in Digital Music: Implications for New Media Licensing for Ringtones under the Nigerian Copyright Act
0₦2,500.00Professor Adebambo Adewopo of the Nigerian Institute of Advanced Legal Studies and Partner, L & A Legal Consultants, in his article “Analysis of Copyright in Digital Music: Implications for New Media Licensing for Ringtones Under the Nigerian Copyright Act” provides a seminal exposition of the intersection of copyright law and entertainment, media and telecommunication industries in Nigeria, addressing the most contested and recondite issue in those industries at the moment. The article interrogates the far-reaching implication of digital exploitation of ring tunes under the Nigerian Copyright Act; deconstructs the framework of copyright protection of digital music; considers the copyright rules for qualification, use and infringement of work, and application to digital music in ringtones; examines issues relating to the key rights and collective management in the digital media under the extant Copyright Act and discusses insights that should shape the practice of new media licensing that is ultimately of great interest to practitioners in the creative economy.
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Analysis of the Challenges and Prospects of Domestic Gas Protection and Utilisation in Nigeria
0₦2,500.00Iyadah Viko & Bonnievolo Ecoma in their article, Analysis of the Challenges and Prospects of Domestic Gas Protection and Utilisation in Nigeria, analyse the challenges and prospects of domestic gas protection and utilisation in Nigeria through the prism of the extant regulatory framework, and makes recommendations based on its findings. Resource-bearing countries, especially those in the Global South, are generally known to be plagued by a resource curse, one which, amongst others, hampers them from effectively developing their natural resources to enhance their economic status. This plague, which represents a fundamental disconnect between reserves, production, utilisation, and national development, is regarded as responsible for the extreme poverty levels in some countries despite the abundance of highly valuable and profitable resources. In Nigeria, the resource curse appears to hold sway potently as the huge reserves of natural gas the country is endowed with have been subjected to intense flaring and venting, and suboptimal utilisation. The practice of flaring, which has continued unabated for over six decades, has significantly hampered economic growth, intensified energy and actual poverty, and resulted in profound health challenges, environmental damage, and the importation of gas to meet domestic demands. In spite of several reforms initiated by the Federal Government over the years, the effective protection and utilisation of gas has remained an arduous task. While previous regulatory frameworks on the subject were censured for being feeble, the new framework under the regime of the Petroleum Industry Act is projected as a game changer for domestic gas protection and utilisation. A cursory review, however, reveals profound replicative issues that could defeat the intentions of the framework, and hamper the effective protection and utilisation of gas in the country.
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Analysis of the Role of Trade Unions in Curbing Casualisation of Labour in Nigeria
0₦2,500.00John Ebokpo in his article, Analysis of the Role of Trade Unions in Curbing Casualisation of Labour in Nigeria, examines the categories, framework, causes and effects of casualisation of labour. He considers how the reformatory, educational and oppositional roles of trade unions may curb the blight despite the unions’ lack of internal democracy and government interference in their affairs.
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Appeal from the Court of Appeal to the Supreme Court on Grounds of Mixed Law and Fact: A Right in Legal Limbo?
0₦2,500.00Obinna Akpuchukwu, Partner Allen & Marylebone and Izunna Ozuo, Associate at Aluko & Oyebode in their article, Appeal from the Court of Appeal to the Supreme Court on Grounds of Mixed Law and Fact: A Right in Legal Limbo? note that Appeals from the decisions of the Court of Appeal lie to the Supreme Court except in certain circumstances established in the Constitution. However, a pronouncement of His Lordship Bode Rhodes-Vivour, JSC in Shittu v PAN Ltd and the Second Alteration of the Constitution appear to take away the right of appeal of an aggrieved party when the appeal borders on mixed law and fact. Obinna and Izunna query the rationale behind the pronouncement and argue that the decision does not constitute a binding precedent in Nigerian judicature. They opine that notwithstanding the Second Alteration of the Constitution, appeals on grounds of mixed law and fact from the Court of Appeal to the Supreme Court remain sacrosanct.
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Appraisal of the Legal and Policy Frameworks for Combating Climate Change in Nigeria
0₦2,500.00Bonnievolo Ecoma, in this article, Appraisal of the Legal and Policy Frameworks for Combating Climate Change in Nigeria, appraises the legal and policy frameworks for combating climate change in Nigeria. For decades, the world has been beset by a global phenomenon that threatens the existence of ecosystems on Earth. With time, risks and threats have worsened, just as advocacy and proactive steps towards curbing it have intensified. That global phenomenon is climate change. As a fundamental change in climatic patterns and conditions, and as an environmental and human rights crisis of global concern, climate change has remained a topical issue on the agenda of governments, institutions, and individuals. Given its trans-boundary nature and impact, it represents an immediate threat which requires global collective action. While previous persuasive approaches have yielded less than desired responses and actions by governments and people around the world, the current approach is the adoption of an ‘all hands on deck’ method which requires governments, institutions and individuals to key into the drive to combat climate change. This has resulted in the adoption of climate legislation aimed at reducing anthropogenic contributions to the environmental crisis, and ensuring sustainable practices. In line with the global drive for climate change mitigation and adaptation, Nigeria adopted laws and policies aimed at curbing the global challenge from a national point of view. Against this background and relying on the doctrinal research method, Ecoma examines the legal and policy frameworks for combating climate change in Nigeria, with a view to ascertaining their adequacy or otherwise in addressing the challenge, especially in view of international climate change obligations.
