-
Cross-Border Data Transfers: Tackling Compliance Challenges in Africa’s Digital Economy
0₦2,500.00Eberechukwu Ezike, Ayomide Abiodun, and Moyinoluwa Adegboye, in their article, Cross-Border Data Transfers: Tackling Compliance Challenges in Africa’s Digital Economy, examine the current landscape of data protection on the continent, highlighting the challenges and gaps that hinder seamless cross-border compliance. With the increasing growth of the African digital economy, the regulation of cross-border data transfers within Africa has become a more critical discourse. This has gained heightened significance with the coming into force of the African Continental Free Trade Area (“AfCFTA”) Agreement and the recently adopted Protocol to the AfCFTA Agreement on Digital Trade (the “Protocol”), which promises to revolutionise intra-African trade, including the digital landscape. Cross-border data transfer is crucial to Africa’s growing digital economy, enabling e-commerce, cloud computing, and various digital services across the continent. However, disparities in data protection regimes across African countries could present challenges for compliance. While some countries impose no restrictions on data transfers, others adopt conditional regimes, and many lack comprehensive data protection laws. This fragmentation could create barriers for businesses operating in several jurisdictions. Ezike et al propose recommendations, among others, to bridge compliance gaps and support the growing digital economy, such as fostering collaborations among Data Protection Authorities in Africa, developing regional harmonisation frameworks, and adopting best practices.
-
Curbing Tax Avoidance Arising from Voluntary Pension Contributions: A Critique of the 2017 LIRS and JTB’S Public Notices
0₦2,500.00Dr Olumide Obayemi of the University of Lagos in his article, Curbing Tax Avoidance Arising from Voluntary Pension Contributions: A Critique of the 2017 LIRS and JTB’S Public Notices, observes that in order to increase its revenue to fund massive budget deficits, the Nigerian governments have introduced measures to curb tax avoidance mechanisms. One of such measures by the Lagos Internal Revenue Service and the Joint Tax Board is the capping of voluntary pension contributions at 1/3 of employee’s salary and limiting withdrawals from the Retirement Savings Account. Obayemi comprehensively reviews the legality of the measure within the gamut of laws regulating pension of employees in Nigeria and advocates reforms that will enhance clarity over chaos.
-
Data Privacy: A Need for a Comprehensive Legislation in Nigeria
0₦2,500.00Emma Ndiyo, Associate, Accendolaw in her article, Data Privacy: A Need for a Comprehensive Legislation in Nigeria notes that ‘Data is the new Oil’ and Data Privacy is a new realm of human right which becomes imperative with the unprecedented innovations in technology and the threats of fraud, phishing scams, and identity theft. She argues that the right to privacy though guaranteed under the Constitution and recognised by some sector-specific regulations, is inadequate given internationally accepted best practices. She examines the EU’s General Data Protection Regulation (GDPR) adopted in May 2018 which compelled big data entities such as Facebook, Google and Twitter to adjust their Terms of Use and Privacy Policy, and concludes that there is the need for an overarching data protection law which would not only enhance data privacy but regulate the collection and processing of personal data.
-
Data Protection and Cybersecurity Landscape in Nigeria: An Examination of the Threats and Solutions for Online Businesses
0₦2,500.00Oladamola M. Oyabambi, in his article, Data Protection and Cybersecurity Landscape in Nigeria: An Examination of the Threats and Solutions for Online Businesses, dwells on technological advancement and the advent of social media on the growth of electronic commerce (e-commerce), which thrives on the exchange and processing of personal data of customers. This data-driven feature of e-commerce creates vast opportunities and incentives for unauthorised use of personal data of customers by online platforms and businesses. The exchange of personal data in electronic commercial transactions also creates risks for unauthorised third-party access to personal data and other forms of data breach. E-commerce therefore exposes personal data to serious threats, and this underscores the need for a strong data protection regime that can effectively address the threats of breach. Oyabambi provides an in-depth analysis of the menaces of e-commerce to data privacy, the instruments used by third parties to perpetrate data breaches such as: phishing, distributed denial of service attacks (Ddos), SQL injection etc. He analyzes relevant legislation and practices, and proffers recommendations on how best to align domestic laws and practices with international best practice.
-
Date Format: A Rare Headache in the Construction of Contractual Documents
0₦2,500.00Mujib Jimoh, Associate at Banwo & Ighodalo Lagos Nigeria, in his article, Date Format: A Rare Headache in the Construction of Contractual Documents, observes that when parties enter into a contract, and it is evidenced in a written document, they usually focus more on other contractual terms and pay little attention to the date format on the contract. Construing dates on documents may prove very difficult if parties do not realise that there are different date formats. An email which directs a party to carry out a contractual obligation may be dated 03/05/2008. This date is subject to different interpretations and liability may be created for a party if a particular interpretation is adopted, rather than the other. This situation played out in the Nigerian case of Hassan Taiwo V. Stanbic IBTC. Mujib examines the date formats in different jurisdictions, the effects of indiscriminate use of date on contracts, and the approaches to be adopted in construing dates on contractual documents.
-
Defining the Scope and Limit of Application of the Doctrine of Lis Pendens: Need for a Restatement of Principles
0₦2,500.00Gbenga Ojo, Lecturer, Lagos State University & Principal, Gbenga Ojo & Co in “Defining the Scope and Limit of Application of the Doctrine of Lis Pendens: Need for a Restatement of Principles” dissects several decided cases on the doctrine of lis pendens and argue that some of them including a Supreme Court case may have been decided per incuriam.
-
Determination of the Jurisdiction of the Federal High Court Over Contractual Matters- A Review of the Supreme Court Decision in Crestar V SPDC
0₦2,500.00Kingsley Ibe and Ilemobade Olateru-Olagbegi, both of Babalakin & Co, in their article, Determination of the Jurisdiction of the Federal High Court Over Contractual Matters- A Review of the Supreme Court Decision in Crestar V SPDC, examine the incipient confusion over the decision of the Supreme Court that a Federal High Court has no jurisdiction over contractual matters; whether the contract is simple or ‘complex’. They explore the historical jurisdiction of both States and Federal High Court on contracts, and argue that the Federal High Court should still have jurisdiction over contractual matters if the issue pertains to those items enumerated in section 251 of the 1999 Nigerian Constitution.
-
Developing Nigerian Oil and Gas Marginal Fields through Government Participation
0₦2,500.00Jerome Okoro and Dr. Peter Obutte, of the Centre for Petroleum, Energy Economics and Law, University of Ibadan in their article, “Developing Nigerian Oil and Gas Marginal Fields through Government Participation”, define what qualifies as a marginal field and note that the 1996 amendment to the Petroleum Act provides for farming out of marginal oil fields within Oil Mining Lease areas to indigenous companies. A major goal of the law was to bring the marginal fields into production, and increase Nigeria’s daily oil and gas output and the reserve base through them. Though the Guidelines for Farm-out of Marginal Fields creates a right of active participation in marginal field operations for the government, the Nigerian government so far has not invested into any of the marginal fields Okoro and Obutte undertake a review of the Nigerian marginal field development program, the legal basis of regulatory role of government, structure of Nigerian petroleum operations and expected reforms under the Petroleum Industry Governance Bill, 2017.
-
Developing Securities Markets in Sub-Saharan Africa: Does it Matter?
0₦2,500.00Dr Onoriode Aziza of Chevron Nigeria, in his landmark study, Developing Securities Markets in Sub-Saharan Africa: Does it Matter? notes the raging debate on the utility of stock market capitalism to African countries. Whilst some commentators take the view that stock markets are irrelevant to Africa and advise African states to prioritise the development of their banking systems, other commentators view well-functioning markets as essential to economic growth. Dr Aziza advances two central claims using developments in law and finance. First, there is substantial empirical and historical evidence supporting the theoretical proposition that liquid securities markets promote economic growth. In this regard, banks are not substitutes but complement securities markets in promoting long-run growth. Second, by conducting an empirical analysis of securities cross-listing of all firms listed on all 24 stock exchanges in Sub-Saharan Africa, Dr Aziza advances the claim that cross-listing has not provided a suitable alternative source of finance to Sub-Saharan African firms, making the development of domestic markets and regulation crucially important.
-
Digital Technology in Legal Practice: Nigeria in Focus
0₦2,500.00Dr. A.O. Okesola, in his article, Digital Technology in Legal Practice: Nigeria in Focus, examines the reformation of the Nigeria justice system in the light of the implementation of digital technology, particularly as it pertains to court sittings in Nigeria. Okesola also investigates the legal framework for the use of ICT in the Nigeria justice system. The method adopted is both analytical and critical. Okesola finds that there is partial or non – application of electronics and modern information and communication technologies in our justice system. There is also non – existing comprehensive legal framework for the application of ICT in judicial proceedings. Okesola concludes by recommending among others that the National Information Technology Development Agency (NITDA) should create a policy direction specifically on digital technology implementation by working hand in hand with the National Judicial Institute (NJI) to deploy information technology (IT) for efficient social justice delivery in Nigeria.
-
Direct Application of International Law in Labour and Employment Matters: Is Nigeria Moving Towards a Harmonisation Theory?
0₦2,500.00Dr Jacob Osuntogun, Senior Lecturer, Department of Commercial and Industrial Law, University of Ibadan Nigeria in his article, Direct Application of International Law in Labour and Employment Matters: Is Nigeria Moving Towards a Harmonisation Theory? interrogates the issue of direct application of international law in labour and employment matters in Nigeria. Ordinarily, unless international treaties and conventions are domesticated in accordance with section 12 of the 1999 Constitution, they are not applicable in Nigeria. However, section 254C (2) of the Constitution Third Alteration Act 2010 seems to have introduced a monist approach which allows a direct application of international law in labour and employment matters without abrogating the dualist system of reception of international law. Dr Osuntogun examines the dualist and monist controversy and the emergent harmonisation theory within the context of the exclusive jurisdiction of the National Industrial Court.
-
Director Beware! Examining Nigeria’s Strict Directorial Liability Regime for Competition Infringements from a Transcontinental Perspective
0₦2,500.00Dr Pereowei Subai, Senior Lecturer in Corporate Law at the Niger Delta University, Wilberforce Island, Nigeria and Prince Chiazor Diarah in their article, Director Beware! Examining Nigeria’s Strict Directorial Liability Regime for Competition Infringements from a Transcontinental Perspective, critique certain aspects of the Federal Competition and Consumer Protection Act 2018 (FCCPA) as they relate to the imposition of sanctions on directors for corporate involvement in anticompetitive conduct. They note that the FCCPA seems to have created a strict liability regime for corporate competition law infringements. This approach is not in tandem with best practices in competition regulation which may be counterproductive to Nigeria’s desire to develop a viable competitive environment by deterring directors’ misbehaviour. Drawing lessons from other jurisdictions within and outside Africa, the authors argue that while it is necessary to penalise the individuals behind companies which infringe competition law, Nigeria should only prosecute persons whose acts or omissions contributed directly to competition infringements.
