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A Critical Examination of Suspension as a Disciplinary Option Exercisable by an Employer over an Employee
0₦2,500.00In an employment relationship, the terms of the contract specify the respective rights and duties of the parties. One of these rights on the part of the employer is the right to discipline. There are several disciplinary measures that can be exercised by an employee, such as fines and deductions, demotion, transfers, reprimand and others. One of such disciplinary options is suspension. This is a temporary cessation of an employee’s work on account of a serious infraction at the workplace. This temporary withdrawal of the employee’s services is intended to either investigate or discipline the employee in response to the allegations against them. Makadi Izang in his article, A Critical Examination of Suspension as a Disciplinary Option Exercisable by an Employer over an Employee, adopts the doctrinal approach to legal research, wherein both primary and secondary sources of law were examined, analysed, and evaluated, including judicial authorities as well. Izang finds that an employer is vested with the right to suspend an erring employee, but such suspension should be in accordance with the terms of the employment contract, the law, or pursuant to a collective agreement. Izang identifies several pertinent issues arising from suspension, including the period of suspension, fair hearing and/or natural justice, suspension and interdiction, and extension of suspension. Judicial authorities show that suspension should not be prolonged or indefinite, that it may be extended, and that fair hearing and/or natural justice is immaterial. Izang recommends that there should be legislative intervention in the form of a specific law that caters for suspension and other disciplinary mechanisms in the world of work. Additionally, it is recommended that during the suspension period, the employee be kept informed about the process to prevent unnecessary uncertainty.
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A Critical Examination of the Jurisdiction of Courts under the Lagos State Tenancy Law 2011
0₦2,500.00Against the background of the Tenancy Law of Lagos State 2011, Olagoke Odubunmi, Lagos based legal practitioner, in his article “Unmasking the Legal Complexities in the Termination of Fixed and Periodic Tenancies” seeks to unravel the complexities, technicalities and slippery landmines into which legal practitioners, property managers, agents and landlords, do unsuspectingly often fall into in the process of recovery of premises, most especially in the termination of fixed and periodic tenancies.
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A Critique of the Constitutional Jurisdiction of the National Industrial Court and Appellate Jurisprudence in Nigeria
0₦2,500.00Dr Judedavid Mbamalu, Managing Partner of Jumbo Chambers, in his paper, A Critique of the Constitutional Jurisdiction of the National Industrial Court and Appellate Jurisprudence in Nigeria, argues that while the appealability of the decision of the National Industrial Court (NIC), rendered in the exercise of its jurisdiction under section 254(C) of the 1999 Constitution of Nigeria has been resolved by the Supreme Court, it is not settled whether an appeal can lie as of right against the decision of the NIC in an interlocutory proceeding, assuming jurisdiction on matters extrinsic to section 254. Dr Mbamalu argues that the segregation of appeals into ‘interlocutory’ and ‘final’ is unknown to ‘our Statutes and Rules of Court’, and the competence of an appeal against a decision of a court on an interlocutory application ought not to be overarched by the intermediate nature of the Proceeding in which the decision was given. He elaborates on the principles for interpreting the Constitution in expounding the jurisdiction of the NIC amidst the provisions of the Constitution on appeal processes.
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A Critique of the Deposit Requirement in Order V Rule 1 of the Federal High Court (Tax Appeal) Rules, 2022
0₦2,500.00Muhammad Abdulmumin, Ayolola Ayodeji and Ijeoma Ubechu, all of Babalakin & Co, in their article, A Critique of the Deposit Requirement in Order V Rule 1 of the Federal High Court (Tax Appeal) Rules, 2022, examine the provision of the Federal High Court (Tax Appeal) Rules 2022 (the FHCTAR) which introduces the compulsory payment of security deposits by appellants (taxpayers/tax debtors) who seek to prosecute appeals from the Tax Appeal Tribunal to the Federal High Court. Abdulmumin et al in their brilliant article, critically review Order V Rule 1 of the FHCTAR, its constitutionality, and other relevant legal issues.
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A Critique of the Powers, Duties and Appointment of Directors in Nigeria
0₦2,500.00Odiaka Ngozi of the Department of Private and Business Law, Afe-Babalola University, Ado-Ekiti in his article “A Critique of the Powers, Duties and Appointment of Directors in Nigeria” analyses the appointment, powers and duties of directors and distribution of corporate powers in a company. He explores the historical basis of the modern board structure and argues that the legal position that the board manages the company does not reflect practical realities as real corporate powers are wielded by ‘higher executive directors’ while the board of directors plays mere supervisory roles. He recommends a reform of the law to make the board more proactive.
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A Cross-Jurisdictional Legal and Risk Analysis for Corporate Board Oversight of Artificial Intelligence
0₦2,500.00The growing use of artificial intelligence (AI) in business brings new risks that company boards must take seriously. Joy Debski and Joshua Olewu, in their article, A Cross-Jurisdictional Legal and Risk Analysis for Corporate Board Oversight of Artificial Intelligence, look at how boards are expected to manage these risks as part of their duty to oversee company operations. Using a doctrinal comparative approach, Debski and Olewu examine four jurisdictions: the European Union, the U.S.A, China, and Nigeria to show how different laws and systems shape board responsibilities. Drawing from comparative statutory frameworks from selected jurisdictions, Debski and Olewu highlight areas of liability, compliance obligations, and ethical risks. They also draw on the agency and stewardship theories of corporate governance to analyze real-world examples, including Uber’s algorithmic misclassification and Amazon’s AI hiring bias case, to explain the need for Board oversight of AI. Based on the findings, Debski and Olewu suggest best practices for boards, provide recommendations for regulators and researchers, and call for more real-world studies on how boards are handling AI today.
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A Decade After: Reflections on Some Salient Provisions of the Nigerian Oil and Gas Industry Content Development Act 2010
0₦2,500.00Dr Peter Oniemola of the Faculty of Law University of Ibadan Nigeria and Olusegun Gbede of the School of Business & Law University of East London the United Kingdom in their article, A Decade After: Reflections on Some Salient Provisions of the Nigerian Oil and Gas Industry Content Development Act 2010, review the provisions of the Nigerian Oil and Gas Industry Content Development Act against the essence and expectation of the Act. They consider the achievements of the Act and challenges in realising its objectives.
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A Discourse on the Quality of Distinctiveness and Statutory Requirements of Registration of Trademarks in Nigeria
0₦2,500.00Mark Mordi, Partner Aluko & Oyebode in, A Discourse on the Quality of Distinctiveness and Statutory Requirements of Registration of Trademarks in Nigeria, deconstructs the concept of distinctiveness which quality, serves as an alternative to the statutory requirements for registration. Mordi examines the responsibilities and duties the Trade Marks Act 1965 places on the Trademarks Registry, on a prospective trademark applicant seeking registration of his trademark, and a party desirous of opposing a trademark registration (typically a prior registrant).
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A Field Not Covered: Arbitration and The Nigerian Constitution
0₦2,500.00Dr Gbenga Bamodu of the School of Law, University of Essex (UK) in a counterpose to a previous article published in The Gravitas Review argues in “A Field Not Covered: Arbitration and The Nigerian Constitution” that the doctrine of “covering the field” is inappropriate in the context of legislative competence over arbitration in Nigeria in holding that states’ legislatures cannot legislate on arbitration in view of the federal Arbitration and Conciliation Act 1988. Synthesising a range of sources including decided cases, he posits that states’ legislatures also have legislative competence over arbitration concerning interstate or international transaction disputes.
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A Legal Analysis of Community Development Agreements as a Tool for Enhancing Social Licence to Operate for Mining Companies in Nigeria
0₦2,500.00Professor Peter Akper, SAN of the Nigerian Institute of Advanced Legal Studies in his article “A Legal Analysis of Community Development Agreements as a Tool for Enhancing Social Licence to Operate for Mining Companies in Nigeria” examines the provision of the Nigerian Mineral and Mining Act 2007 which introduced the mandatory conclusion of Community Development Agreements (CDAs) between mining companies and their host communities as a condition precedent to commencement of mining operations. He examines CDA as a ‘Social Licence to Operate’ , its essential features and enforceability. He concludes by x-raying three typical CDAs concluded by mining companies with Gimbi, Durumi and Piyyakasa communities.
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A Legal Perspective on Shareholders Associations in Nigeria and the Quest for Corporate Control
0₦2,500.00Dr Kathleen Okafor, Head, Department of Property & Commercial Law, Baze University, Abuja in “A Legal Perspective on Shareholders Associations in Nigeria and the Quest for Corporate Control” examines the origin and activities of shareholders’ association in context of the conflict over the exercise of corporate powers between the capital providers and operating officers. She explores the legal framework and control mechanisms existing for shareholders’ involvement in corporate governance and posits that apart from regulatory provisions against directors’ breaches and entrenched managerial exclusivism, shareholders are not powerless.
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A Reexamination of the Grounds for Setting Aside an Arbitral Award Under the Arbitration and Conciliation Act
0₦2,500.00Ridwan Ajetunmobi, Research Fellow at the Nigerian Institute of Advanced Legal Studies, in his article, A Reexamination of the Grounds for Setting Aside an Arbitral Award Under the Arbitration and Conciliation Act, critically examines the various grounds for setting aside an arbitral award under the ACA. Ajetunmobi considers the adequacy of the grounds, the procedure for, and the legal effect of, setting aside an award. He proffers recommendations for further reform.
