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Locus Standi in Copyright Collective Management in Nigeria: A Review of Musical Copyright Society of Nigeria v Adeokin Records
0₦2,500.00Ridwan Ajetunmobi, Research Fellow at the Nigerian Institute of Advanced Legal Studies Abuja Nigeria, in Locus Standi in Copyright Collective Management in Nigeria: A Review of Musical Copyright Society of Nigeria v Adeokin Records, examines the Supreme Court decision in Adeokin against the background of the amendments to the Copyright Act in 1992 and 1999 with regard to whether the right of action in copyright infringement is exclusive to collecting societies or is available to an owner, assignee or licensee of copyrighted works.
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Making a Case for Enforcement of Socio-Economic Rights in Nigeria
0₦2,500.00Kenneth Ugwuokpe in his article, Making a Case for Enforcement of Socio-Economic Rights in Nigeria, insists, no doubt controversially, that the economic, social and cultural rights indicated as “fundamental objectives and directive principles of state policy” in the 1999 Constitution of Nigeria, are justiciable under the Nigerian legal framework. Kenneth argues that the socio-economic rights are enforceable in Nigeria either in their own right under Chapter II of the Constitution or pursuant to the provisions of the African Charter on Human and Peoples Rights or the Child Rights Act 2003. He further posits that, at a minimum, socio-economic rights can be enforced by subsuming them under the constitutionally protected rights to life and human dignity by means of progressive judicial interpretation, particularly using the Indian model. He examines Nigeria’s judicial attitudes to the enforcement of socio-economic rights vis-a-vis what obtains in some other countries, notably India and South Africa.
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Making a Case for Governance in Combatting and Managing Financial Crimes
0₦2,500.00Professor Konyinsola Ajayi, SAN of Olaninwun Ajayi LP, Ayodeji Arowolo of British American Tobacco and Oluwatosin Phillips in their article, Making a Case for Governance in Combatting and Managing Financial Crimes compare financial crimes to a devastating disease, which incubates quietly and undetected, yet spreads rapidly towards the ultimate destruction of its victims. They argue that while advancement in IT has driven economic growth and financial inclusion, banks have become hosts for financial crimes. While considering judicial attitude to bank frauds, they conclude that just as a prophylactic treatment of diseases is preferred to curative treatment, good corporate governance in financial institutions will rein in financial crimes.
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Mandatory Incorporation of Foreign Companies in Nigeria: Some Legal Considerations
0₦2,500.00Emwanta Ehigiato, Partner, Giwa-Osagie & Co takes a critical look at section 54 of the Companies and Allied Matters Act, 1990 in “Mandatory Incorporation of Foreign Companies: Some Legal Considerations”.
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Margin Lending in Nigeria: An Albatross
0₦2,500.00Joseph Abugu, Professor of Commercial & Industrial Law, University of Lagos Akoka Nigeria in his article, Margin Lending in Nigeria: An Albatross, notes that Margin Lending is a common practice amongst banks, finance houses and stockbroking firms whereby an investor in securities is granted credit facility in addition to his base fund to invest in securities, usually speculatively. In the wake of the financial crisis of 2008, several investors, banks and stockbrokers were caught in a web of liabilities arising from poorly managed margin accounts. The resultant litigations had neither local precedent for guidance nor existing regulations for the interpretation and enforcement of rights. While the cases have not fully developed all the nuances of Margin Lending, the Central Bank of Nigeria and the Securities and Exchange Commission have in response developed regulations for margin transactions by individuals, corporate bodies and banks. Professor Abugu, in his usual inimitable style, explores the state of the law as developed in the cases and the new rules designed for the regulation of margin transactions.
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Maritime Boundary Disputes and the Rule of Law: A Legal Appraisal of the South China Sea and its Relevance to Nigeria
0₦2,500.00Nengi Banigo-Abah and Ahiakwo Abraham in their article, Maritime Boundary Disputes and the Rule of Law: A Legal Appraisal of the South China Sea and its Relevance to Nigeria, critically examine the legal regime governing maritime disputes in the South China Sea (SCS). Banigo-Abah and Abraham evaluate the applicability of its normative, legal, and institutional lessons to Nigeria’s maritime governance and security challenges in the Gulf of Guinea (GoG). Both maritime regions, though located in different geopolitical contexts, Southeast Asia and West Africa were found to share striking similarities such as unresolved sovereignty disputes, contested maritime boundaries, illegal exploitation of marine resources, and fragile enforcement mechanisms. These parallels render the South China Sea a valuable case study for drawing lessons relevant to the evolving legal and security architecture of the Gulf of Guinea. The primary objective of the study was to assess how Nigeria could strengthen its legal and institutional frameworks to manage maritime threats, including piracy, armed robbery at sea, oil bunkering, and illegal fishing, while also addressing issues related to boundary delimitation and jurisdictional enforcement. A doctrinal and comparative legal methodology was employed, focusing on primary legal sources, including the United Nations Convention on the Law of the Sea (UNCLOS), relevant treaties, and case law. The findings indicate that while UNCLOS provided a comprehensive and widely accepted legal basis for maritime boundary delimitation, freedom of navigation, and resource management, its enforcement capacity remained weak, especially when confronted with the strategic interests of powerful states. Banigo-Abah and Abraham conclude that Nigeria could significantly enhance its maritime governance by adopting a multi-pronged strategy: strengthening its domestic legal framework, expanding institutional capacity for maritime enforcement, investing in diplomatic engagement through regional bodies, and utilising international adjudicatory mechanisms more effectively.
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Maritime Pirates: The Criminal Underworld of the Nigerian Maritime Domain
0₦2,500.00Dr. Abdulkadir examines the causes of piracy in the Nigerian maritime domain in his article, Maritime Pirates: The Criminal Underworld of the Nigerian Maritime Domain. He also appraises the impact of piratical activities on the economic development of the nation as well as governmental efforts to curb the scourge. The article argues that the initial lackadaisical attitude of the Nigerian government to deal with the situation is a major factor responsible for the increase in the activities of pirates. While considering various strategies which have been adopted in other parts of the world, the paper recommends effective Surface Surveillance System, Bilateral Arrangement, Regional Maritime Awareness, among others as ways to tackle the menace of piracy in Nigeria
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Mergers and Acquisitions in the Banking Sector: An Examination of Separation of Powers Amongst Regulators
0₦2,500.00Lisa Onianwa, Oluwatosin Omobitan, and Amanda Opara, all of G. Elias & Co, in their article, Mergers and Acquisitions in the Banking Sector: An Examination of Separation of Powers Amongst Regulators, examine the mergers and acquisitions (M&A) terrain in the banking sector and the overreaching powers of the Central Bank of Nigeria (CBN) in excluding a sector-neutral regulator in M&A deals. Onianwa et al. question the process and procedure that banks and other financial institutions implement in M&A deals and make recommendations on how the process can be streamlined.
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Ministerial Power to Promulgate Tax Laws in Nigeria: A Review of the Taxes and Levies (Approved List for Collection)Act (Amendment) Order 2015
0₦2,500.00Professor Uche Jack-Osimiri, John Ohaka and Bamidele Ajinde in their paper, Ministerial Power to Promulgate Tax Laws in Nigeria: A Review of the Taxes and Levies (Approved List for Collection) Act (Amendment) Order 2015 appraise the legitimacy of the Ministerial Order of 2015 in the light of pre-existing jurisprudential reasoning and case law. They posit that though section 1(2) of the Taxes and Levies (Approved List for Collection) Act 1998 provides that the Minister of Finance, may on the advice of the Joint Tax Board and by Order published in the Gazette, amend the Schedule to the Act, the Amendment Order of 2015 was shoddily done, lacks the necessary legislative rigour, and was most expansive as to belie the concept of delegated or subsidiary legislation.
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Minority Members in Public Companies in Nigeria: What Manner of Membership
0₦2,500.00Samuel Ojogbo of the Faculty of Law, Benson Idahosa University, Benin City in “Minority Members in Public Companies in Nigeria: What Manner of Membership” discusses the rights and powers of minority members of a Nigerian public company and argues that the rights of minority members are tenuous. He contends that the powers in a Nigerian listed company are in reality shared between the majority members and the board of directors. He posits that only the majority members with their insider knowledge and control of the corporation’s wealth and activities may properly be called the owners while the minority members, the so-called ‘corporate outsiders’, just make up the numbers. He concludes that the rights granted under section 300 of CAMA amount to little, as insider knowledge which a minority member lacks, is required to trigger the rights.
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N50 Stamp Duties: Unearthing the Incongruity in the CBN Circular
0₦2,500.00Joseph Onele and Emokiniovo Dafe-Akpedeye of Olaniwun Ajayi LP, in their article “N50 Stamp Duties: Unearthing the Incongruity in the CBN Circular” examine the propriety of the Central Bank of Nigeria 2016 Circular by which Banks and other financial institutions are to charge N50 per eligible transaction. They consider the provisions of the Stamp Duties Act, the Federal Government Financial Regulations 2009 and other extant regulations, and conclude that it was never within the contemplation of the law that electronic transfers would be liable to stamp duty given that, among others, it is impracticable to issue a “receipt duly stamped”.
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Nearly Always, A Strike or Lock Out is Unlawful in Nigeria
0₦2,500.00Professor Joseph Abugu, Head, Commercial and Industrial Law Department, Faculty of Law, University of Lagos examines the lawfulness of strikes within the framework of statutory provisions delineating the boundaries of industrial action and the immunities available under Nigerian statute law for torts committed by trade unions and their officials in the course of a trade dispute. It observes that lawful strikes are virtually impossible in this country notwithstanding its democratic ideals. Whilst the constitution guarantees freedom of association and the right to join or form a trade union, existing statutory provisions negate the exercise of trade union activity in the form of strikes or lockouts. The paper advocates a change of the existing legal regime in favour of one that meaningfully recognizes the right to strike and lockout and facilitates its exercise.
