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Enforcement of International Customs on Expropriation of Foreign Properties and the Plight of Developing Countries
0₦2,500.00Professor Nnabue and Mr. Otitodiri, Professor of Law, Faculty of Law, Imo State University and Lecturer, Faculty of Law, Imo State University, in their article “Enforcement of International Customs on Expropriation of Foreign Properties and the Plight of Developing Countries” examine the enforcement of International Customs on Expropriation of foreign properties and the plight of developing countries. The sources of the law are fraught with irregularities and questions still remain. Although Article 38 of the statute of ICJ has helped to define international law as a discipline distinct from politics and international relations, it has fallen short of seeing the process through. As dynamic as society is, law needs to be one step ahead to ensure that there is a means to keep actions and omissions in check.
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Enforcement of Maritime Claims: The Unintended Consequences of Constitutional Change on Admiralty Jurisdiction in Nigeria
0₦2,500.00Dr Adewale Olawoyin SAN, Associate Professor, Department of Commercial & Industrial Law University of Lagos Nigeria in his article, Enforcement of Maritime Claims: The Unintended Consequences of Constitutional Change on Admiralty Jurisdiction in Nigeria, examines the unintended implications of the Third Alteration to the 1999 Constitution of Nigeria. Section 251 of the 1999 Constitution vests exclusive jurisdiction in admiralty matters in the Federal High Court (FHC). Section 254C (1) of the Constitution (introduced by the Constitution of the Federal Republic of Nigeria (Third Alteration) Act 2010) vests exclusive jurisdiction in all labour and employment matters in the National Industrial Court (NIC). Meanwhile, by the Admiralty Jurisdiction Act(AJA) 1991, the admiralty jurisdiction of the FHC includes maritime claim. Section 2(3)(r) AJA provides that a ‘general maritime claim’ consists of a claim by a master or a member of a ship’s crew for wages or an amount that an employer is obliged to pay his employee. Section 5(3) AJA also provides that ‘maritime lien’ means a lien for wages of the master or of a member of a ship’s crew. Dr Olawoyin SAN considers conflicting decided cases on which Court, FHC or NIC, that would have jurisdiction in claims by the crew of a ship relating to their wages. He proposes legislative and judicial intervention to resolve the legal quagmire.
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Enforcement of Training Bond: A Critical Appraisal of Applicable Principles
0₦2,500.00Oyebanjo Akinola, in his article, Enforcement of Training Bond: A Critical Appraisal of Applicable Principles, notes that the practice of sponsoring new employees in a company to undergo training fully funded by the employer on the assurance that the employee will remain in the employment of the employer for an agreed period after the completion of the training is a common practice in the workplace. The problem, however, almost often arises when employees, upon completion of the training, either due to better job opportunities or the zeal to seek greener pastures with their newly acquired certificate or skillset, decide to leave the employment of the employer/sponsor before the expiration of the agreed time. The disgruntled employer who often find the departure to be unjust and seeks to recoup the amount spent in training the employee usually gets to know that the legal consequences of their kind gestures are far beyond their expectations and predictions, as Courts will, in most cases require more than proof of mere execution of the training bond before the aggrieved employer can recoup the cost expended on the employee. Akinola critically examines the guiding principles surrounding the enforcement of training bonds, considering the established rules as it relates to aviation and other sectors within Nigeria and other jurisdictions.
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Establishing Disruption and Loss of Productivity Claims in Construction Projects: What is Required of the Contractor
0₦2,500.00Professor Offornze Amucheazi, SAN of the Nnamdi Azikiwe University Awka Nigeria and Osinachi Nwandem, Associate at ǼLEX in their article, Establishing Disruption and Loss of Productivity Claims in Construction Projects: What is Required of the Contractor, note that while contracts may entitle contractors to claim reimbursement on the grounds of disruption/loss of productivity when they incur additional costs, contractors have always found it challenging to prove disruption claims and secure reimbursement. The solution lies in a proper understanding of what disruption/loss of productivity is and what contractors must establish to validate their disruption claims. Professor Amucheazi and Nwandem analyse how to prove disruption claims against the background of COVID-19 pandemic. They review several decided cases and the various standard forms of contracts commonly used in the Nigerian construction industry including the FIDIC Red Book, the Federal Ministry of Works Standard Conditions of Contract (Road Works) in Nigeria, and the Federal Ministry of Works and Housing Standard Form of Building Contract in Nigeria, to come up with a practical guide to contractors, employers, and arbitrators.
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Evolving Narrative in Energy Transition – A Case for “Integrated”, Hybrid Thermal-Renewable Power Purchase Agreements
0₦2,500.00Victor Ayo-Odewale in his article, Evolving Narrative in Energy Transition – A Case for Integrated, Hybrid Thermal-Renewable Power Purchase Agreements, explores the implications of this structure for energy transition and energy contracts. Ayo-Odewale examines the prospects of the extant regulatory framework and recent initiatives in the Nigerian electricity sector to accommodate this hybrid generation of electric power trend. The rapid expansion of the global energy transition market backed by massive investment in renewable energy infrastructure presents a significant challenge for the African continent and, indeed, Nigeria. The continent is under pressure to phase out fossil fuel use and transition to clean energy while it continues to grapple with energy security concerns for its vast population. To ensure a gradual and sustainable transition without decarbonizing their economies into poverty, regulators in certain climes are revising norms and setting up structures to allow parties to bundle renewable energy with fossil fuel under existing fossil fuel-based power purchase agreements. Ayo-Odewale concludes that to fully leverage the benefits of this structured integration and ensure optimal utilization of Nigeria’s rich fossil fuel reserves as the country gears towards net-zero emissions by 2060, energy regulators (including key stakeholders) must be the first mover by driving pioneering initiatives to encourage, support and increase investments in both on-grid and off-grid electric power projects.
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Examination of a Statutory Squeeze Out Option
0₦2,500.00Professor Gbolahan Elias, Chairman, Lagos State Law Reform Commission, and Partner G. Elias & Co in his article, “Examination of a Statutory Squeeze Out Option”, notes that there are at least six statutory powers pursuant to which majority shareholders in companies can in effect buy minority shareholders out compulsorily. He considers one of the powers enshrined in section 129 of the Investments and Securities Act (ISA) by which one who has recently bought 90% of the shares issued by a company may buy out the remaining 10% on the same terms even where the owners of the remaining 10% do not want to sell. He concludes that the squeeze out option in section 12 ISA is, as one who already owns a company overwhelmingly should be allowed to run it without distraction from an inconsequential minority where the minority can be fully and fairly compensated.
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Examination of the Effectiveness of Micro and Macro Prudential Policies in Achieving Bank Stability with Special Focus on Basel III
0₦2,500.00Dr. Amaechi Chinenyeze of the Imo State University pushes the theme in Professor Ajayi’s paper further by arguing that micro prudential policies which aim at stabilising individual banks may not be enough and that monetary and fiscal policies must supplement micro and macro prudential policies in order to be effective in achieving system wide economic stability. His article, “Examination of the Effectiveness of Micro and Macro Prudential Policies in Achieving Bank Stability with Special Focus On Basel III”, is an essential read for banking regulators.
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Examining Compensation for Land Compulsorily Acquired for Petroleum Operations in Nigeria
0₦2,500.00Dr Gogo Otuturu and Dr Abdullahi Abdullahi of the Faculty of Law, Niger Delta University, Wilberforce Island Nigeria in their article, note that the right to compensation for land compulsorily acquired is both a constitutional and statutory right. While the Constitution provides for the payment of compensation for any land acquired for public purposes, the Land Use Act provides for compensation, not for the land itself, but for unexhausted improvements. Where the land is acquired for petroleum operations, compensation is payable in accordance with the Petroleum Act and the Oil Pipelines Act. Otuturu and Abdullahi examine the various heads of compensation for land compulsorily acquired under the Land Use Act and the petroleum . They suggest an amendment of the laws to incorporate the elements of disturbance, severance and injurious affection.
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Examining Jurisdictional and Regulatory Issues in Internet Transactions in Nigeria
0₦2,500.00Professor Paul Idornigie SANof the Nigerian Institute of Advanced Legal Studies and Dr Godwin Umoru of the University of Benin in their article “Examining Jurisdictional and Regulatory Issues in Internet Transactions in Nigeria”, examine the extra-territorial nature of internet transactions and the challenges of applicable law, admissibility of electronic transmissions in evidence, enforceability of judgments, and how internet transactions are regulated. The article examines bills pending before the 8th National Assembly and the extent the bills and Nigerian laws generally conform to international conventions and protocols including the UNCITRAL Model Law on e-Commerce, the Model Law on E-Signature, the Convention on Contracts for the International Sale of Goods and the Convention on the Use of Electronic Communications in International Contracts.
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Examining the Early Warning System as an Essential Risk Management Tool in Engineering and Construction Projects
0₦2,500.00Osinachi Nwandem, Senior Associate Aluko & Oyebode and Fellow of the Institute of Construction Industry Arbitrators, in his article, Examining the Early Warning System as an Essential Risk Management Tool in Engineering and Construction Projects, considers the early warning system as an indispensable risk management tool in construction projects. He contends that while the extension of time and additional payment mechanisms in construction contracts appear to compensate the Contractor during supervening events, these mechanisms are only deployed after the event. Nwandem observes that the workings of the early warning system help to identify and resolve events that could give rise to a potential delay or monetary claim. Given the striking benefits of the early warning system in a construction project, he shares guidance on designing an efficient early warning system in a construction contract.
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Examining the Efficacy of Enforcing the Carrier’s Right to a Lien on Cargo: A Nigerian Legal Perspective
0₦2,500.00Dr. Damilola Osinuga, in his article, Examining the Efficacy of Enforcing the Carrier’s Right to a Lien on Cargo: A Nigerian Legal Perspective, provides an in-depth exploration of the carrier’s right to a lien on cargo and its enforcement within the Nigerian maritime legal framework. The carrier’s lien plays a crucial role in securing unpaid freight charges and related expenses. However, its efficacy and enforcement mechanisms can vary significantly across different jurisdictions. Osinuga meticulously examines the legal framework, judicial precedents, and practical hurdles associated with enforcing the carrier’s right to a lien on cargo in Nigeria. Through a thorough analysis of relevant statutes, case law, and international conventions, the research offers valuable insights into the Nigerian perspective on lien enforcement. Osinuga aims to identify potential obstacles and propose effective measures to enhance the enforcement of the carrier’s lien.
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Examining the Legality of Call Interception Regulations in Nigeria
0₦2,500.00Oludayo Bamgbose (Law Librarian, Ajayi Crowther University), Temiloluwa Omidiji (Quantity Control Unit, Law Pavilion) and Afolake Oladele (Information Officer, Oyo State Government) in their article, “Examining the Legality of Call Interception Regulations in Nigeria” appraise the on-going efforts by the Nigerian Communications Commission (NCC) to introduce Regulations for interception of communication in the country. Bamgbose et al argue that while lawful interception of communication is commonplace even in advanced democracies to prevent, and aid investigation of crimes including terrorism, the current efforts by the NCC will have to contend with the constitutional provision protecting telephone conversations and telegraphic communications. In the end, the NCC may be unable to achieve its objectives with a Regulation, without an amendment of the constitution, or enactment of a law that is reasonably justifiable in a democratic society.
