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A Comparative Evaluation of the Legal Nature of Retention of Title (ROT) (ROMALPA) Clauses in Commercial Transactions
0₦2,500.00Ehigiato Emwanta in his article, A Comparative Evaluation of the Legal Nature of Retention of Title (ROT) (ROMALPA) Clauses in Commercial Transactions, seeks to clarify the meaning, purpose and variants of retention or reservation of title (ROT), also known as Romalpa and its origin in commercial transactions, particularly in contracts for the sale of goods. The legal nature of ROT is explored taking a cue from cases and legislation in common law jurisdictions like the UK, Ireland, Australia, New Zealand, Canada and civil law jurisdictions such as Germany, France and the US. England, which do not have special legislation on ROT, and that of the U.S, which relies on the Uniform Commercial Code, provide a comparison on the treatment of ROT clauses. The two jurisdictions are extensively discussed and used as reference points. Emwanta further explores judicial decisions on various aspects of ROT and statutory provisions in order to appreciate its legal nature and the extent of protection offered a seller or supplier in commercial transactions. Emwanta underscores the relevant and importance of ROT clauses and concludes with recommendations for enhancing the potency of ROT clauses and making them adequately serve commercial needs in the dynamic global economic scene.
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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.
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Resignation with Immediate Effect: Consequences for Employers and Employees under Nigerian Law
0₦2,500.00Edafe Ugbeta in his article, Resignation with Immediate Effect: Consequences for Employers and Employees under Nigerian Law, explores the subject of resignation from employment under Nigerian law, focusing on the form of resignation called ‘resignation with immediate effect’. Reflecting on the emerging case law of the National Industrial Court, the specialised first-instance court for employment disputes in Nigeria, Ugbeta highlights the implications of this kind of resignation for employers and employees under Nigerian law. He draws on a range of scenarios in developing the conversation.
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The Process of Tax Appeals and Public Law Challenges to Tax Administration in Nigeria
0₦2,500.00Isaiah Akano in his article, The Process of Tax Appeals and Public Law Challenges to Tax Administration in Nigeria, undertakes a critical look at the process of tax appeal and the available public law challenges to the system of tax administration in Nigeria. The endless discussions on the drive for revenue by the Government, especially through taxation, can never be overstretched in view of the pivotal role tax plays in the generation of revenue by the government. One of the major objectives and even characteristics of tax is the need to ensure equity and fairness not only amongst taxpayers of unequal economic status but also between the taxpayers on one hand and the tax authorities on the other hand. This no doubt highlights the need for an efficient and effective tax administration in Nigeria. It also indicates the need to put in place a system that will ensure checks and balances to curb the excesses of tax officials and thereby promote fairness in the system of tax administration. Over time, statutory provisions and judicial precedents have shown that actions of relevant tax authorities can be challenged, especially when such actions are unconstitutional and unlawful.
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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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Regulatory Considerations for Telemedicine in Nigeria
0₦2,500.00Nwanneka Okwe, in her article, Regulatory Considerations for Telemedicine in Nigeria, examines the critical legal considerations for digital healthcare providers, entrepreneurs and patients seeking to harness the diverse benefits of telemedicine in Nigeria. Through a detailed analysis of existing regulations, Okwe highlights the current regulatory landscape, and proposes possible ways to address intellectual property, consents, data protection, tax, sector regulatory, licensing and damages concerns relating to the practice of telemedicine including the need for guidelines in Nigeria. The existing legislation largely addresses some of these concerns except training, damages and practice restrictions.
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The Gravitas Review of Business & Property Law Vol.16 No.1
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.16 No.1, there are well researched articles on:
- Commercial Law & Practice
- Intellectual Property Law
- Data Protection & Privacy
- Employment Law
- Taxation
- Energy Law
- Medical Law
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Aggressive Tax Avoidance Scheme: The Emergence of the Continuous Distortion of the Fine Line Between Tax Avoidance and Tax Evasion
0₦2,500.00Isaiah Akano in his article, Aggressive Tax Avoidance Scheme: The Emergence of the Continuous Distortion of the Fine Line Between Tax Avoidance and Tax Evasion, explores the thin line between Tax Avoidance and Tax Evasion. Tax is one of the major sources of revenue of the government in Nigeria. As a matter of fact, at the inception of the year 2024, the Federal Government tasked the Federal Inland Revenue Service to generate a whopping sum of N19.4 trillion which amounts to about sixty percent increase from the sum of N12.3 trillion generated by it in 2023 in a bid to raise the overall government revenue as a percentage of the Gross Domestic Product (GDP) to 25% . The revenues are meant to be generated from individuals, companies and other legal entities through tax. Hence, there is a need for citizens and corporate bodies to arrange their affairs in such a way that they can attract a minimal tax, especially in view of the harsh economic condition in the country, high inflation rate, the weak value of the naira and high interest rate on loans which most businesses resorted to, as their major source of capital. Tax lawyers, Accountants and other tax consultants had at different times proffered different ‘tax avoidance schemes’ to their clients. Some of the Schemes are aggressive and complex in nature and there are instances wherein they were eventually interpreted by the Court to amounting to tax evasion. Akano seeks to take a critical look at the line of differences between tax avoidance and tax evasion and also discuss the continuous distortion of same as a result of the advent of aggressive tax avoidance schemes in recent years.
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A “Deeper Dive”: The New Deduction of Tax at Source (Withholding) Regulations, 2024
0₦2,500.00Stephen Arubike and Adeyinka Adeoye in their article, A “Deeper Dive”: The New Deduction of Tax at Source (Withholding) Regulations, 2024, provide a comprehensive analysis of the Deduction of Tax at Source (Withholding) Regulations, 2024 (the “Regulations”), issued by Nigeria’s Minister of Finance and the Coordinating Minister of the Economy. Effective from January 1, 2025, the Regulations replace previous regulations on the subject, introduce several significant changes to the country’s withholding tax (WHT) regime. Key provisions include adjustments to applicable tax rates, expanded coverage of taxable entities, and a new emphasis on taxpayer identification numbers (TINs) to drive compliance. Arubike and Adeoye also address critical legal concerns raised by the Regulations, including conflicts with primary statutes, overreach in the Minister’s authority, and the unfair imposition of penalties on non-resident companies. While the Regulations aim to simplify WHT processes, reduce tax burdens on small businesses, and enhance tax compliance, several ambiguities and issues remain, particularly regarding non-resident taxation and penalties for non-compliance. Arubike and Adeoye conclude by discussing the transition period and its potential implications, as well as the need for further clarification on certain provisions to ensure fairness and legal consistency in implementing the Regulations.
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Value Added Tax on Real Estate Lease Transactions: Connecting the Dots
0₦2,500.00In their article, Value Added Tax on Real Estate Lease Transactions: Connecting the Dots, Stephen Arubike and Utonwa Onwumelu tackle the application of Value Added Tax (VAT) to real estate lease transactions. Whilst VAT payment in Nigeria is limited to supplies of either “goods” or “services”, the law only exempts from VAT “goods” or “services” that are explicitly listed in the statute. The failure to define the terms “goods” or “services” prior to 2019 led to the conclusion in some judicial decisions that lease transactions are subject to VAT because neither lease nor interest in land is explicitly exempt from VAT. Arubike and Onwumelu aim to explore the historical context of ‘the absence of precise definition’ controversy, the rationale behind judicial interpretations, the impact of the Finance Acts 2019, 2020 and 2023 in resolving these definition issues and their practical implications.
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Unlocking Impact Financing in Nigeria: A Guide to Funding
0₦2,500.00Susan Omeh in her article, Unlocking Impact Financing in Nigeria: A Guide to Funding, sheds light on the various financing options available for impact and sustainable projects in Nigeria. In doing this, Omeh analyses the laws and incentives applicable to such projects while also proffering the best approach for compliance. With environmental, social and governance considerations taking a more centralized stage globally, the need to ease financing options for impact-related projects is becoming increasingly necessary for developing countries such as Nigeria. Although the bane of impact projects and sustainable infrastructure development in Nigeria is often tied to financing, a greater challenge lies in the nonuse of commercially viable finance options (allowing maximum profit while promoting impact) and the absence of clear regulatory framework(s) to maximize the utilization of impact funds. The bottom-line effect is often a movement in circles with an organization/investor reverting, at the end of an impact project, to the position it was before the financing and construction of the impact project.
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Enforcement of Arbitral Awards: Navigating the Uncertainties of Public Policy Defence
0₦2,500.00Chimezie Onuzulike in his article, Enforcement of Arbitral Awards: Navigating the Uncertainties of Public Policy Defence, examines the contemporary trends in public policy defence as a ground for resisting the enforcement of or setting aside arbitral awards. One of the reasons for the attractiveness of arbitration is the finality of the resulting award. Although in principle, arbitral awards are final -and should in fact be so-, in practice this is not necessarily so. Award debtors always find reasons to resist the enforcement of awards, or worse, to apply to set them aside on one of the permissible grounds. One of such permissible grounds is the public policy ground. Public policy is a relative concept dependent on the prevailing moral, social, political, economic or legal principles of each state. Since public policy Is based on application of a state’s legal principles and values, States continue to expand the list of acts that may be seen as contrary to public policy. Recently, the Russian Courts in two cases refused enforcement of an arbitral award on public policy grounds because- in one case- the award creditor, and- in the other case- the arbitrators were nationals of a country deemed ‘unfriendly’ under Russian legislation.
