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Genericide: A Threat to Dominant Trademarks
0₦2,500.00Simeon Okoduwa and Somtochi Unachukwu of Alliance Law Firm, Lagos Nigeria in their article, Genericide: A Threat to Dominant Trademarks, discuss the generification of trademarks as a result of the loss of distinctiveness. They suggest insightful guidelines that may be observed by trademark owners to stem a painful slide into genericide.
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Greenmailing as a Takeover Defence Mechanism in the Nigerian Market for Corporate Control
0₦2,500.00Samuel A. Dunmade, in his article, Greenmailing as a Takeover Defence Mechanism in the Nigerian Market for Corporate Control, examines the concept and practice of “greenmailing” as a relatively new phenomenon in Nigeria. Put simply, greenmailing is a financial manoeuvre where investors buy enough shares in a target company to threaten a hostile takeover thereby prompting the target company to buy back the shares at a premium to prevent the takeover. Whilst this practice may seem innocuous on its surface, it raises a host of complex economic and ethical questions. It is crucial to evaluate the current understanding and acceptance of greenmailing in Nigeria. Although it has gained little attention to date, the country has experienced a few instances of this practice. Each case has elicited varying reactions, ranging from mild indifference to stringent criticism, a reflection of the lack of consensus on its legality and ethical implications. The incorporation of stringent anti-green mailing provisions in company laws in countries like the United States underscores its potential nefarious implications. Yet, in Nigeria, no regulatory framework is explicitly addressing greenmail. However, as the Nigerian corporate landscape becomes increasingly sophisticated and susceptible to global influences, the frequency and seriousness of greenmailing cases will likely escalate.
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Implications of Shale Oil Development and Alternative Sources of Energy on Nigeria’s Economy
0₦2,500.00It is not just another scare: Victor Onyenkpa and Tozaye Balogun, Partner and Senior Consultant respectively, KPMG Advisory Services, with facts and figures, examine the dire consequences of the development of Shale Oil on Nigeria’s economy. Their article, “Implications of Shale Oil Development and Alternative Sources of Energy on Nigeria’s Economy” however proffers a way out.
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Imposition of Fines by Taxing Authorities in Nigeria: An Overview
0₦2,500.00Olagoke Odubunmi, Manager, Tax Services, Maples & Temples, Lagos Nigeria in his article, Imposition of Fines by Taxing Authorities in Nigeria: An Overview makes a distinction between ‘administrative fines’, which can unilaterally be imposed by a taxing authority, and ‘criminal fines’ which can only be imposed by a court of competent jurisdiction. He considers the legal implication of taxing authorities imposing fines without jurisdiction and concludes with a review of judicial authorities on the powers of government agencies in the imposition of ‘criminal fines’.
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Imputation of Criminality for Strikes in Domestic Labour Regulations: The Nigerian Experience
0₦2,500.00Ogbole Ogancha of Ogbole & Partners, and Doctoral Researcher at the Faculty of Law, University of Jos Nigeria, in his article, Imputation of Criminality for Strikes in Domestic Labour Regulations: The Nigerian Experience, examines the imputation of criminality for strikes in the context of domestic labour regulations. He considers the concept of ‘lawful strikes’ and ‘unlawful strikes’ and argues that ‘unlawful strikes’ stimulate the idea of criminalisation of strikes. Ogancha explores Nigerian laws and regulations on the issue. Drawing cues from international labour standards and global best practices, he concludes that the criminalisation of strikes is not a sufficient or ideal deterrence. A progressive approach lies in the speedy identification of the causes of workers’ discontent.
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Incapacitation of Incorporated Trustees and Governance of Churches and NGOs in Nigeria: A Commentary of Omomobi v Adeoye
0₦2,500.00Idowu Akinloye, Lecturer Ajayi Crowther University, Oyo and Doctoral Candidate, Rhodes University, Grahamstown, South Africa in his article, Incapacitation of Incorporated Trustees and Governance of Churches and NGOs in Nigeria: A Commentary on Omomobi v Adeoye, examines how a church or civil society organisation may institute legal proceedings or otherwise function where the trustees are all dead, depleted or incapable of functioning.
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Income Tax Exemption for Small Companies in Nigeria and the Albatross of Incongruous Provisions in The Finance Act
0₦2,500.00Dr Cyril Obika HOD International Law & Jurisprudence, Faculty of Law, Enugu State University of Science & Technology, in his article, Income Tax Exemption for Small Companies in Nigeria and the Albatross of Incongruous Provisions in The Finance Act, examines the provisions of the Finance Act that exempt small companies from the payment of several taxes. He considers the definitions of a ‘small company’ in various tax laws, noting the differences in the threshold to qualification as a small company in these laws. Dr Obika argues that categorising a company as ‘small’ can only be determined at the end of a relevant assessment year and effected in the tax year. He opines that the status of a small company should be presumed for the same company in subsequent years until proven to the contrary that the company has exceeded the threshold set by legislation.
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Inherent Jurisdiction of Courts under Nigerian Law and Practice: A Lubricant in the Dispensation of Justice
0₦2,500.00Theophilus Ochonogor in his article, Inherent Jurisdiction of Courts under Nigerian Law and Practice: A Lubricant in the Dispensation of Justice, discusses the concept of inherent jurisdiction, its meaning, nature and origin, its application under Nigerian law and practice, and how it has become a veritable lubricant in the dispensation of justice. Courts in Nigeria are creations of the Constitution, which is the nation’s grundnorm. The Constitution grants the jurisdictions of the various courts. There are also such statutes as the Supreme Court Act, the Court of Appeal Act, the Federal High Court Act and the various High Court Laws of the various states which make provisions for supplementary jurisdictions of the different courts. It is the law that a court is bound to act within its jurisdiction as expressly provided under the Constitution or other relevant statute. The Constitution further provides that the powers of courts “shall extend, notwithstanding anything to the contrary in this Constitution, to all inherent powers and sanctions of a court of law.”
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Innovatively Finding Financing For Nigeria’s Energy Projects and Hostilities
0₦2,500.00Samuel Dunmade, in his article, Innovatively Finding Financing For Nigeria’s Energy Projects and Hostilities, interrogates how energy projects in Nigeria can be financed within persistently hostile economic, regulatory, and socio-political conditions. Rather than rehearsing conventional project finance doctrine, it adopts a context-sensitive legal and financial analysis that evaluates both traditional and non-traditional financing instruments through their capacity to withstand structural risk. It proceeds from the premise that conventional financing models, when transposed uncritically, are ill-suited to environments characterised by regulatory uncertainty, macroeconomic volatility, and security risks, and advances the argument that bankability in Nigeria’s energy sector depends less on capital availability than on the legal engineering of financing structures that reallocate risk, protect cash flows, and align with global capital trends. By examining resource-backed financing, hybrid instruments, climate-aligned capital, and risk-transfer mechanisms, Dunmade contributes a pragmatic framework for structuring energy finance in high-risk jurisdictions.
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Insider Dealing under Nigerian Law: Any New Lessons?
0₦2,500.00Joseph Onele, Associate, Olaniwun Ajayi LP in “Insider Dealing Under Nigerian Law: Any New Lessons?” undertakes a comprehensive review of the legal framework for dealing with insider trading under Nigerian Law. He identifies notable gaps in the law and indicates lessons that can be learnt from other jurisdictions including the U.S and UK.
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Insight: How the Exit of LIBOR Will Impact the Nigerian Financial Market
0₦2,500.00Onyinyechi Iwuoha, Senior Associate at the TNP Law Firm in her article, Insight: How the Exit of LIBOR Will Impact the Nigerian Financial Market, notes the popularity of the London Interbank Offered Rate (LIBOR) in financial markets worldwide. With the impending phasing out of LIBOR in 2021 by the (UK) Financial Conduct Authority due to what became known as the ‘LIBOR Scandal’, Onyinyenchi addresses how the exit of LIBOR would affect the Nigerian financial market which is wholly dependent on the LIBOR rates for its foreign currency-denominated loans and derivative trading; what alternative reference rates there are, and the amendment of existing LIBOR-reliant documentations.
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Integrating Intellectual Property Rights in Regional Economic Transactions: A Global Outlook
0₦2,500.00Professor Peter Ocheme of the Department of Public Law, Faculty of Law, Benue State University, Makurdi in his article, “Integrating Intellectual Property Rights in Regional Economic Transactions: A Global Outlook” examines African, European, American and Asian efforts at integrating intellectual property rights in regional economic transactions and the varying levels of success. He notes that while significant engagements of the Asian and European regional blocs have been developed for their intellectual property trades across the globe, there is little or nothing beyond national laws and efforts at integrating intellectual property issues in African regional trade blocs. He interrogates the concept and relevance of intellectual property rights protocols and agreements to developing countries and contends that they may have sacrificed their individual and collective efforts at the altar of international law and diplomacy.
