• Judicial Attitude to Service of Originating Court Process on a Company by Substituted Means: Imperative for Revisitation

    Judicial Attitude to Service of Originating Court Process on a Company by Substituted Means: Imperative for Revisitation

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    Dr Mathew Anushiem of the Faculty of Law, Nnamdi Azikiwe University, Nigeria, in his article, Judicial Attitude to Service of Originating Court Process on a Company by Substituted Means: Imperative for Revisitation, explains that the service of court processes, particularly originating processes, confers jurisdiction on courts to adjudicate on a case and also bring to the defendant’s notice of a claim against him to enable the defendant to either defend or admit the claim. Originating processes are usually served personally or through substituted means. However, in cases where a defendant is a company, the courts frown at the service of originating court process on it by substituted means. The ratio behind the courts’ decisions is that a company is usually stationary at the registered corporate address. A process server can always go to the company and serve the originating processes in accordance with the Rules to wit: service on the company’s principal officers. Given current happenings, the nature of some businesses and technological advancement, Dr Anushiem posits that there is the need to revisit the Rules and judicial attitude to bring them in tandem with modern trends.

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  • Judicial Response to the Challenges of Maternity Harassment in Employment Relations in Nigeria

    Judicial Response to the Challenges of Maternity Harassment in Employment Relations in Nigeria

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    Professor Israel Worugji & Nheoma Worugji in their article, Judicial Response to the Challenges of Maternity Harassment in Employment Relations in Nigeria, revisit the issues of maternity harassment in the workplace. Their contribution explores the judicial response to the challenges of maternity harassment in the workplace in Nigeria. The aim is to expose the extent to which the right to work and job security of the pregnant and nursing mother is protected, considering the global drive to protect the maternity rights of the working mother and the drive against maternity harassment in particular. The work reviewed the court decisions in some cases involving loss of work on the grounds of pregnancy, where the court declared the termination of the employment on such grounds wrongful and unconstitutional and awarded damages. It commends the judicial strides of awarding substantial monetary damages in dealing with the issues of maternity harassment. However, it posits that the judicial responses, short of reinstatement, do not guarantee income and job security to pregnant women because of the sustained loss of employment in such cases. It, therefore, calls for sustainable legislative and policy intervention to guarantee reinstatement to work in such cases.

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  • Jurisdiction and Appellate Powers of the Nigerian National Industrial Court: Need for Further Reform

    Jurisdiction and Appellate Powers of the Nigerian National Industrial Court: Need for Further Reform

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    Ifeoluwa Olubiyi, Lecturer, Faculty of Law, Afe Babalola University, Ado-Ekiti, in her article “Jurisdiction and Appellate Powers of the Nigerian National Industrial Court: Need For Further Reform” undertakes an historical analysis of the jurisdiction and status of the National Industrial Court as a court of record. She posits that while the Constitution of the Federal Republic of Nigeria (Third Alteration) Act 2010 may have put an end to some of the controversies surrounding the jurisdiction of the court, the finality of its decision, ‘exclusive jurisdiction’ in child labour, child abuse and human trafficking cases, and application of international treaties without domestication may be contrary to other sections of the Constitution.

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  • Jurisdiction and Arbitration of Tax Disputes in Nigeria

    Jurisdiction and Arbitration of Tax Disputes in Nigeria

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    Dr. Olumide Obayemi, of the Department of Commercial & Industrial Law, University of Lagos, and of & Okeke, in his article, “Jurisdiction and Arbitration of Tax Disputes in Nigeria” observes that currently, based on public policy and the Constitution, tax matters are not arbitrable. He examines the history, philosophy and global perspectives regarding arbitration and tax jurisprudence, and submits that it accords with the spirit of law, business and justice to allow arbitration clauses in tax statutes. He reviews the decisions of the Court of Appeal on taxation matters contained in arbitration agreements, and submits that the exclusive jurisdiction conferred on the Federal High Court by Section 251(1)(a)&(b) of the 1999 Constitution should not bar arbitral tribunals which are not courts of records stricto sensu. He concludes that Nigeria must continue to aspire to keep up with and its demands by adopting the global trend which allows arbitration of private tax disputes.

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  • Jurisdiction in Maritime Insurance Claims: A Review of Liverpool and London Steamship Protection and Indemnity Association Limited V M/T Tuma

    Jurisdiction in Maritime Insurance Claims: A Review of Liverpool and London Steamship Protection and Indemnity Association Limited V M/T Tuma

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    Chimezie Onuzulike, Senior Associate at G. Elias, in his article, Jurisdiction in Maritime Insurance Claims: A Review of Liverpool and London Steamship Protection and Indemnity Association Limited V M/T Tuma, explains that the Admiralty Jurisdiction Act 1991 creates a category of insurance claim known as ‘Maritime Insurance Claim’. This is essentially a claim for an insurance premium concerning a ship, or goods or cargo carried by the ship. This claim falls under general maritime claim in respect of which jurisdiction is conferred on the Federal High Court. This category of insurance claim is considered distinct from a simple contract of insurance in respect of which the State High Court may exercise jurisdiction. Recently, the Supreme Court of Nigeria in Liverpool and London Steamship Protection and Indemnity Association Limited v M/T Tuma made a distinction between maritime insurance claims under the Admiralty Jurisdiction Act 1991 and simple insurance claims and held that claims for insurance premiums arising out of insurance covers made in respect of a ship fall within the exclusive admiralty jurisdiction of the Federal High Court. Chimezie brilliantly reviews the decision of the Supreme Court in that case and argues that the distinction made by the Supreme Court between simple insurance claims and maritime insurance claims is misleading. He argues that insurance contracts, whether involving a ship or cargo carried by a ship, are simple insurance contracts and not necessarily maritime claims which fall under the admiralty jurisdiction of the Federal High Court.

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  • Jurisdiction of the National Industrial Court under the Nigerian Constitution Third Alteraction Act and Selected Statutes: Any Usurpation?

    Jurisdiction of the National Industrial Court under the Nigerian Constitution Third Alteraction Act and Selected Statutes: Any Usurpation?

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    Professor Alero Akeredolu of Ajayi Crowther University, Oyo Nigeria and David Eyongndi of Bowen University, Iwo Nigeria in their article, Jurisdiction of the National Industrial Court under the Nigerian Constitution Third Alteration Act and Selected Statutes: Any Usurpation?, comprehensively examine the jurisdiction of the National Industrial Court. They consider whether the jurisdiction bestowed on other courts by the Labour Act, Child’s Right Act and the Cybercrimes (Prohibition, Prevention, etc.) Act in respect of employment matters contradicts the exclusive jurisdiction of the NIC under the 1999 Constitution of the Federal Republic of Nigeria (Third Alteration) Act, 2010.

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  • Labour Outsourcing and Contract Staffing: Analysing the Liabilities of Labour Contractors and End Users under Nigerian Law

    Labour Outsourcing and Contract Staffing: Analysing the Liabilities of Labour Contractors and End Users under Nigerian Law

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    Edafe Ugbeta and Morris Udeh of Aluko & Oyebode in their article, Labour Outsourcing and Contract Staffing: Analysing the Liabilities of Labour Contractors and End Users under Nigerian Law, >observe that generally, parties are bound by their contract, and the law does not permit the courts to alter or rewrite the terms and conditions freely agreed by the parties. However, recent decisions of the National Industrial Court of Nigeria suggest that the court may now hold end-users of labour and parent companies liable to adhere to statutory employment obligations relating to pensions, insurance, tax, health and compensation where the court considers that the labour contractor or subsidiary is a mere sham, agent, tool, or employee of the end-user/parent company for purposes of masking the identity of the real employer.

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  • Landmark Cases on Contract Misrepresentation: An Analysis of Legal Precedents Shaping Contract Law Jurisprudence

    Landmark Cases on Contract Misrepresentation: An Analysis of Legal Precedents Shaping Contract Law Jurisprudence

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    Anthonia Chinyere Oloko, in her article, Landmark Cases on Contract Misrepresentation: An Analysis of Legal Precedents Shaping Contract Law Jurisprudence, visits the law on misrepresentation as a critical part of contract law, influencing the validity and enforceability of contractual agreements. Landmark court cases in the United Kingdom, the United States and Nigeria have established key legal precedents in this area, shedding light on the complex and nuanced nature of misrepresentation. Analysing these cases provides valuable insights into the legal principles and standards that govern misrepresentation, including its impact on contract formation, performance, and remedies. As the law evolves, it is important to consider the changing landscape of contractual relationships and the implications of misrepresentation for all parties involved. The paper’s analysis of landmark cases highlights the practical implications of these legal precedents in real-world scenarios, thereby providing valuable insights for both legal practitioners and scholars. Disclosure laws in the realm of real estate transactions are critical in preventing misrepresentation and ensuring that buyers have all the information they need to make informed decisions. Oloko provides a comprehensive examination of the complex and ever-evolving landscape of misrepresentation law, emphasising the need for fairness, integrity, and secure contractual arrangements. By understanding the complexities of these laws, parties can protect themselves from potential legal issues.

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  • Legal and Regulatory Responses to Processing of Personal Data in Nigeria

    Legal and Regulatory Responses to Processing of Personal Data in Nigeria

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    Dr. Adekemi Omotubora, Lecturer, Department of Commercial and Industrial Law University of Lagos, in her article, “Legal and Regulatory Responses to Processing of Personal Data in Nigeria”, considers the justifications for collection of personal data which include identity management, crime prevention and the security of payments and banking transactions. She argues that although there is a constitutional provision protecting the right to privacy and there are a number of sector specific guidelines regulating data processing, there is no general data protection law in Nigeria, and this leads to a lack of accountability and irresponsible practice by organisations that process personal data. Based on a comparative study of the approaches to regulation of data processing in the EU and the US, she recommends the development of a data protection law in Nigeria, such law taking into consideration the relativeness and cultural context of privacy, and how these affect the definition and scope of the concept of personal data.

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  • Legal Framework for Energy Mix in Nigeria: Regulation and Challenges

    Legal Framework for Energy Mix in Nigeria: Regulation and Challenges

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    Dr Peter Obutte, Associate Professor, Faculty of Law, University of Ibadan and Dr Olukayode Aguda of the Faculty of Law, Ajayi Crowther University, in their article, Legal Framework for Energy Mix in Nigeria: Regulation and Challenges, note that energy mix refers to the combination of the various primary energy sources used to meet energy needs:  fossil fuels (oil, natural gas and coal), nuclear energy, and renewable energy sources. Dr Obutte and Dr Aguda analyse the legal and regulatory framework for energy mix in Nigeria.  They posit that energy mix seems to be the big break that the Nigerian energy sector needs, and it behooves the policymakers to see it through successfully with a comprehensive legal framework, extensive research and adequate mapping, amongst other things.

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  • Legal Issues in Bankers' Duty of Confidentiality in Nigeria

    Legal Issues in Bankers’ Duty of Confidentiality in Nigeria

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    Dr. Kehinde Anifalaje, in his article, Legal Issues in Bankers’ Duty of Confidentiality in Nigeria, examines the common law and statutory duty of confidentiality imposed on the banker in Nigeria and the qualifications thereto. It is argued that disclosures made under compulsion of law, pursuant to specific statutory enactments and regulations that are purposively targeted at combating crime and fraud in the country, as exemplified by the Money Laundering (Prevention and Prohibition) Act 2022, have become the most dominant of the qualifications to the banker’s duty of confidentiality. Anifalaje submits that, though statutes authorising disclosures in defined circumstances are salubrious, the need to appropriately balance this against the legitimate interest and the right to privacy of the customer is also desirable. Anifalaje concludes, inter alia, with the need for banks to duly comply with reporting guidelines as stipulated by the regulatory authorities and at the same time guard against unlawful disclosure of information pertaining to the accounts of the customer in the overall interest of all stakeholders and the stability of the economy.

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  • Legal Liability of Online Platforms in Nigeria and the European Union

    Legal Liability of Online Platforms in Nigeria and the European Union

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    Dr Olubukola Olugasa, Associate Professor of Law at Babcock University, and Tobenna Nwosu in their article, Legal Liability of Online Platforms in Nigeria and the European Union, review the liability of hosting platforms for breach of data privacy and losses arising therefrom. They examine Nigeria’s legal regime on data protection and the EU Directive on Electronic Commerce, the US Digital Millennium Copyright Act, the UK Data Protection Regulation, and the European Union General Data Protection Regulation. The authors delineate the extent to which all the parties in a digital connection are responsible for a wide range of data infractions.

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