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Strengthening the Legal Regime for the Recognition and Enforcement of Arbitral Awards in Nigeria
0₦2,500.00Enuma Moneke, Research Fellow, Nigerian Institute of Advanced Legal Studies, Abuja, in his article, Strengthening the Legal Regime for the Recognition and Enforcement of Arbitral Awards in Nigeria, notes that local and international instruments provide for the recognition and enforcement of arbitral awards in Nigeria. While these instruments facilitate the smooth enforcement of awards in certain respects, the enforcement process is hampered in other respects by defects in these laws. For example, the absence of statutory time limits for the enforcement of awards under the Arbitration and Conciliation Act (ACA) 1988, and the resulting reliance on Federal and States’ Limitation Laws may sometimes mean that an award creditor is denied justice through no fault of theirs. He examines the various instruments for the recognition and enforcement of domestic and foreign awards in Nigeria against the backdrop of their peculiarities, strengths and weaknesses.
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Limitation of Liability in Maritime Claims in Nigeria
0₦2,500.00Oluseye Opasanya SAN, and Yusuf Ganikale, Deputy Managing Partner and Associate respectively at Ajayi LP in their article, Limitation of Liability in Maritime Claims in Nigeria, note that to protect biliathe maritime industry against crushing claims and overwhelming damages that might be awarded against shipowners, the law permits shipowners to limit their liability rather than be subjected to hefty damages resulting from their maritime adventure. They review the provisions of the Merchant Shipping Act 2007 which domesticated the Convention on Limitation of Liability for Maritime Claims, 1976 and its amendment Protocol of 1996, Protocol to Amend the Convention on Limitation of Liability for Maritime Claims, 1976. They distinguish between limitation and liability proceedings, persons who may limit their liability, claims which are subject to limitation, conducts which may defeat limitation and creation of a Limitation Fund.
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The Gravitas Review of Business & Property Law Vol.9 No.2 – Print
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.9 No.2, there are well researched articles on:
- Taxation
- Corporate Law & Practice
- Maritime Law
- Litigation Practice & Procedure
- Land Law
- Banking Law & Practice
- Data Protection & Privacy
- Intellectual Property
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The Gravitas Review of Business & Property Law Vol.9 No.2 – E-Book
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.9 No.2, there are well researched articles on:
- Taxation
- Corporate Law & Practice
- Maritime Law
- Litigation Practice & Procedure
- Land Law
- Banking Law & Practice
- Data Protection & Privacy
- Intellectual Property
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The Gravitas Review of Business & Property Law Vol.9 No.2
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.9 No.2, there are well researched articles on:
- Taxation
- Corporate Law & Practice
- Maritime Law
- Litigation Practice & Procedure
- Land Law
- Banking Law & Practice
- Data Protection & Privacy
- Intellectual Property
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An Examination of Neighbouring Rights in Nigeria
0₦2,500.00Regina Onwumere of the law firm of Aluko & Oyebode in An Examination of Neighbouring Rights in Nigeria notes that intellectual property law has proved to be a useful tool for the transmission and management of traditional cultural expressions and cultural heritage protecting it from unauthorised use, reproduction, misappropriation and other forms of dishonest exploitation. She explains the concept of Neighbouring Rights and its value as a framework for safeguarding cultural rights from abusive exploitation. She considers the legal framework for protection and enforcement of Neighbouring Rights in Nigeria.
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A Critical Analysis of Nigeria’s Freedom of Information Act
0₦2,500.00Dr. Ifeoma Oluwasemilore, Lecturer, Department of Commercial and Industrial Law, Faculty of Law, University of Lagos in her article, A Critical Analysis of Nigeria’s Freedom of Information Act, examines the Freedom of Information Act (FOI Act) with special interest in its relevance in the country’s anti-corruption war. She examines the extent to which FOI Act had been implemented, the challenges confronting its applicability as well as the prospects of the Act. She contends that Freedom of Information is a fundamental indicator of economic development and progress, and recommends a strengthened implementation of the Act, adding that a strong Freedom of Information regime will enhance citizens’ demand for accountability and check corruption.
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A Review of the Nigeria Deposit Insurance Corporation’s Power as a Liquidator
0₦2,500.00Joseph Onele Partner, Primus Grace LP, in his article, A Review of the Nigeria Deposit Insurance Corporation’s Power as a Liquidator considers the appropriateness of the Nigeria Deposit Insurance Corporation filing a petition for winding up of a failed bank in the face of an action challenging the revocation of the banking licence of a failed insured institution; the authenticity of the postulation that where a failed bank is challenging the revocation of its banking licence, a petition for winding up of the bank should be stayed until the determination of the suit challenging the revocation and the veracity of the proposition that once the licence of a bank is revoked, it stands revoked until the revocation is set aside by an order of court.
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Bank Lending and Mortgage Consent in Nigeria
0₦2,500.00Dr. Adesina Bello, Senior Lecturer, Department of Private and Commercial Law, Babcock University Iperu-Remo in his article, Bank Lending and Mortgage Consent in Nigeria considers the judicial treatment of failure to comply with the provision of sections 22 and 26 of the Land Use Act (LUA) which makes unlawful, and indeed nullifies, any alienation of a right of occupancy without the consent of the Governor first had and obtained. He posits that the restrictive provision of the LUA, and the relative narrow interpretation by the courts may have contributed to the present cumbersome and bureaucratic process of loan documentation, frustration of the concept of securitization, and stifling of the mortgage business in Nigeria.
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A Review of the Supreme Court’s Decision in Heritage Bank Limited v Benworth Finance (Nig) Ltd on Court Processes Signed in the Name of a Law Firm
0₦2,500.00Folabi Kuti, Partner Perchstone & Graeys, in A Review of The Supreme Court’s Decision in Heritage Bank Limited v Benworth Finance (Nigeria) Limited On Court Processes Signed in the Name of a Law Firm, contemplates the diverse interpretations that have greeted the recent decision of the apex court in the cited case arguably relaxing some aspects of the rule in Okafor v Nweke. Folabi takes a critical look at the reverberations and the unintended underlying strands the decision may have brought up.
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Procedure, Skills and Practical Approach to Trial of Cases
0₦2,500.00Lawal Pedro SAN, Principal Partner, Lawal Pedro (SAN) & Associates and former Solicitor-General of Lagos State in his article, Procedure, Skills and Practical Approach to Trial of Cases, notes that a good knowledge of the rules of court, procedure, evidence and case law is a sine qua non in trial of cases which is the bedrock of adversarial advocacy. Using case law as the framework and the High Court of Lagos State (Civil Procedure) Rules 2012 as the basic case study, he points out important elements in preparation of statement of claim/defence and pre-trial protocols. He gives nuggets for successful cross examination, and facts to consider in drafting good written addresses.
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Ship Wreck: What Nobody Wants
0₦2,500.00Winifred Tayo-Oyetibo (Mrs) of Mike Igbokwe (SAN) & Co in her article, Ship Wreck: What Nobody Wants notes that where in a maritime adventure, a constructive total loss occurs, and the insurer having paid the shipowner declines to be saddled with the shipwreck, who then has the responsibility for its evacuation, removal or treatment? Tayo-Oyetibo in a masterly way argues that it will be inequitable to hold the shipowner who has abandoned his interest in the vessel responsible for the wreck, or the insurer who has elected not to take over, liable. She explores the provision of the Marine Insurance Act of 1961 and the 2007 highlighting the ambiguity in the Nigerian laws.
