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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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An Analysis of the Omission of the Judicial Etc. Officers and Appeal by Prosecutors Act of 1963 from the LFN 2004: When is the Prosecutor’s Right of Appeal Lost?
0₦2,500.00Kunle Adegoke, Managing Partner Kunle Adegoke & Co. in his article, An Analysis of the Omission of the Judicial Etc. Officers and Appeal by Prosecutors Act of 1963 from the LFN 2004: When is the Prosecutor’s Right of Appeal Lost?, argues that while the law leans against the implied repeal of statutes, the Judicial, Etc. Officers and Appeal by Prosecutors Act No 10 of 1963, having been omitted by two consecutive compilations of Laws of the Federation of Nigeria appears repealed. Adegoke examines the status of the statute against the background of the emphatic application of the statute in two decisions of the Supreme Court, which decisions upheld the enactment as a valid limitation law. Adegoke argues that the Constitution of the Federal Republic of Nigeria 1999 recognises implied repeal of statutes and the two decisions of the Supreme Court are per incuriam the relevant provisions of the Constitution.
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The Unsafeness of the Safe Harbour Provisions Under the Nigerian Transfer Pricing Regime
0₦2,500.00Daniel Olika of Kenna Partners and Rahman Apalara of Aluko & Oyebode in their article, The Unsafeness of the Safe Harbour Provisions Under the Nigerian Transfer Pricing Regime, note that a significant threat to a comprehensive tax regime in Africa is the tax planning, especially transfer pricing, strategy of multinationals. Multinationals have deployed the strategy to erode the tax bases of the countries where they carry out business. One way multinationals do this is by creating artificial transactions between related parties which have no economic value. With the emergence of the Organisation of Economic Cooperation and Development’s Base and Erosion Profit Shifting (OECD BEPS) project, tax authorities across the continent have enacted Transfer Pricing Rules to ensure that transactions carried out between related parties are treated at arm’s length. To ensure that the administration of the Transfer Pricing Rules is not cumbersome, various safe harbour regimes have been created to ensure that if related party transactions are conducted, parties do not have to file various reports should the transactions fall within pre-defined guidelines for related-party transactions. Daniel and Rahman analyse the safe harbour regime in Nigeria by comparing its provisions with the recommendations from the OECD on adopting a safe harbour regime.
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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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The Nigerian Corporate Governance Challenge: Inadequacy of Laws or Question of Enforcement
0₦2,500.00Oludolapo Makinde, PhD Student at the Peter Allard School of Law, University of British Columbia Vancouver Canada in her article, The Nigerian Corporate Governance Challenge: Inadequacy of Laws or Question of Enforcement, argues that while the need to develop a corporate governance framework that will stand the test of time is beyond question, it is debatable whether the corporate governance architecture in Nigeria is adequate. Makinde undertakes an appraisal of Nigeria’s corporate governance framework through a comparative analysis with that of Canada. The aim is to ascertain if the main challenge is one of the inadequacies of laws or implementation and enforcement.
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Limitation of Action for Enforcement of Contractual Rights Under Nigerian Law
0₦2,500.00Dr Gogo Otuturu, Senior Lecturer at the Faculty of Law Niger Delta University Wilberforce Island Nigeria In his article, Limitation of Action for Enforcement of Contractual Rights Under Nigerian Law, takes a tour of the Nigerian legal landscape to ferret out limitation of action in different contractual situations. Otuturu explores the limitation of action under general statutes, special statutes, simple and special contracts. He considers the accrual of a cause of action, postponement of limitation period, and concludes that the general limitation period for some actions are too short. He recommends that like the Employee Compensation Act 2010, all statutes of limitation should confer a discretion on judges to take into consideration the existence of special circumstances to extend the limitation period in appropriate cases.
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Advancing the Cause of Fintech in Nigeria through Regulation
0₦2,500.00Tolu Olatunji of the Edge Hill Law Practice in his article, Advancing the Cause of Fintech in Nigeria through Regulation, comprehensively considers the regulatory framework for Fintech in Nigeria. He appraises the growth of Fintech in Nigeria and Africa, regulatory and industry sandboxes and the challenges of regulation. He concludes that regulators must ensure compliance with regulations without stifling innovation.
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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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The Gravitas Review of Business & Property Law Vol.11 No.3 – Print
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.11 No.3, there are well researched articles on:
- Labour Law
- Environmental Law
- Commercial Law & Practice
- International Trade Law
- Intellectual Property Law
- Insolvency Law
- Litigation Practice & Procedure
- Taxation
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The Gravitas Review of Business & Property Law Vol.11 No.3 – E-Book
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.11 No.3, there are well researched articles on:
- Labour Law
- Environmental Law
- Commercial Law & Practice
- International Trade Law
- Intellectual Property Law
- Insolvency Law
- Litigation Practice & Procedure
- Taxation
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The Gravitas Review of Business & Property Law Vol.11 No.3
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.11 No.3, there are well researched articles on:
- Labour Law
- Environmental Law
- Commercial Law & Practice
- International Trade Law
- Intellectual Property Law
- Insolvency Law
- Litigation Practice & Procedure
- Taxation
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The Fundamentals of Business Tax Planning Administration in Nigeria
0₦2,500.00Dr Ademola Taiwo, Dr Adeyinka Ilori, and Budoka Oyagigiri all of Babcock University Ilisan Remo Nigeria, in their article,The Fundamentals of Business Tax Planning Administration in Nigeria, posit that the mechanisms to curtail or reduce a taxpayer’s burden to the barest minimum by seizing the opportunities created in tax laws and utilizing the incentives and allowances are the main focus of tax planning. Dr Ademola Taiwo et al examine the concepts of tax avoidance, tax evasion and tax planning for business entities. They consider the theories of tax planning and management, the essence of tax management, and forms and incidents of tax planning in the Nigerian tax administration.
