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Inherent Jurisdiction of Courts under Nigerian Law and Practice: A Lubricant in the Dispensation of Justice
0₦2,500.00Theophilus Ochonogor in his article, Inherent Jurisdiction of Courts under Nigerian Law and Practice: A Lubricant in the Dispensation of Justice, discusses the concept of inherent jurisdiction, its meaning, nature and origin, its application under Nigerian law and practice, and how it has become a veritable lubricant in the dispensation of justice. Courts in Nigeria are creations of the Constitution, which is the nation’s grundnorm. The Constitution grants the jurisdictions of the various courts. There are also such statutes as the Supreme Court Act, the Court of Appeal Act, the Federal High Court Act and the various High Court Laws of the various states which make provisions for supplementary jurisdictions of the different courts. It is the law that a court is bound to act within its jurisdiction as expressly provided under the Constitution or other relevant statute. The Constitution further provides that the powers of courts “shall extend, notwithstanding anything to the contrary in this Constitution, to all inherent powers and sanctions of a court of law.”
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Perspective on Education as a Profession: Case for Professional Educators
0₦2,500.00Fifelomo Dawodu in her commentary, Perspective on Education as a Profession: Case for Professional Educators, takes a swipe at the various somersaults in the regulatory policies of the Ministry of Education highlighting the systemic impact on the entire educational sector. The Education Ministry has been trending lately. Constantly we hear and read in the popular media about pronouncements, claims, directives, counter-narratives on many issues. Some of the more recent rancorous topics have been minimum entry age for universities, compulsory vocational subjects from Basic 1, re-introduction of History as a stand alone subject, and extension of basic education to 12 years. The debate of late has been fast and sometimes, furious. Sadly, many of those interventions, the result of many moons of painstaking research may never be seen. This is most likely the case and it reinforces the general criticism of academia in our part of the world, that academia is removed from our day to day reality and does not offer much in terms of practical solutions to society’s challenges.
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The Gravitas Review of Business & Property Law Vol.15 No.4 – Print
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.15 No.4, there are well researched articles on:
- Taxation
- Arbitration Law & Practice
- International Investments
- Litigation Practice & Procedure
- Education – Commentary
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The Gravitas Review of Business & Property Law Vol.15 No.4 – E-Book
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.15 No.4, there are well researched articles on:
- Taxation
- Arbitration Law & Practice
- International Investments
- Litigation Practice & Procedure
- Education – Commentary
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The Gravitas Review of Business & Property Law Vol.15 No.4
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.15 No.4, there are well researched articles on:
- Taxation
- Arbitration Law & Practice
- International Investments
- Litigation Practice & Procedure
- Education – Commentary
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The Gravitas Review of Business & Property Law Vol.15 No.3 – Print
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.15 No.3, there are well researched articles on:
- Arbitration Law & Practice
- Banking Law & Practice
- Energy Law
- Intellectual Property Law
- Taxation
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The Gravitas Review of Business & Property Law Vol.15 No.3 – E-Book
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.15 No.3, there are well researched articles on:
- Arbitration Law & Practice
- Banking Law & Practice
- Energy Law
- Intellectual Property Law
- Taxation
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The Gravitas Review of Business & Property Law Vol.15 No.3
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.15 No.3, there are well researched articles on:
- Arbitration Law & Practice
- Banking Law & Practice
- Energy Law
- Intellectual Property Law
- Taxation
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Situating the Efficacy of Arbitration Agreements Vis-à-Vis the Inherent Jurisdiction of National Courts under Nigerian Law
0₦2,500.00Stanley Nweke-Eze, in his article Situating the Efficacy of Arbitration Agreements Vis-à-Vis the Inherent Jurisdiction of National Courts under Nigerian Law, examines the efficacy of Arbitration agreements in the settlement of commercial disputes and the jurisdiction of national courts. The choice of arbitration as the preferred mechanism for the settlement of commercial disputes is on the rise. This holds true, even in the Nigerian context, since parties have the freedom to choose the forum for resolving any differences that may arise between them, and arbitration is usually the preferred choice for a myriad of reasons. However, irrespective of the choice or agreement of the parties regarding the forum for dispute resolution, a party may still invoke the inherent jurisdiction of the Nigerian courts to resolve such disputes. Oftentimes, this leads to a potential tension between the choice of the parties and the inherent jurisdiction of the national courts. Nweke-Eze analyses the effectiveness of contractual agreements to settle disputes by arbitration in the face of the inherent jurisdiction of Nigerian courts to resolve those disputes, notwithstanding the parties’ agreement to the contrary.
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Arbitral Proceedings and Award Enforcement in Zhongshan Fucheng Industrial Investment Co Ltd v Nigeria – Revisited
0₦2,500.00Joshua Olewu and Arinze Ezeagu in their article, Arbitral Proceedings and Award Enforcement in Zhongshan Fucheng Industrial Investment Co Ltd v Nigeria – Revisited, examine jurisdictional issues arising from the enforcement of arbitral award in the celebrated case of Zhongshan Fucheng Industiral investment Co. Ltd v FRN. Cross-border commerce, investor-state disputes, and diplomatic relations are intensifying in associative growth and spread across many jurisdictions. Dispute resolution and challenges associated with enforcing international arbitral awards become more pronounced particularly when state-owned assets are involved. The case of Zhongshan Fucheng Industrial Investment Co. Ltd v Federal Republic of Nigeria highlights the complexities surrounding the enforcement of arbitral awards against state-parties. Amongst other matters arising from this case, is the navigation of international law principles to find sovereign states responsible for internationally wrongful acts. Using a doctrinal approach, Olewu and Ezeagu analyze the Tribunals’ interpretations and applications of the key legal principles relevant to international investment arbitration. The research delves into the dialectics surrounding Nigeria’s resistance to the enforcement of the award and the need for adherence to international legal norms. The findings suggest that while Nigeria sought to protect its sovereignty, its stance poses significant implications for its credibility and reliability in international arbitration. The study concludes by emphasizing the need for legal clarity and consistency in Nigeria’s commitment to upholding international arbitration agreements. This research contributes to the ongoing discourse on the enforcement of transnational arbitral awards and the evolving dynamics of international arbitration obligations.
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Evolving Narrative in Energy Transition – A Case for “Integrated”, Hybrid Thermal-Renewable Power Purchase Agreements
0₦2,500.00Victor Ayo-Odewale in his article, Evolving Narrative in Energy Transition – A Case for Integrated, Hybrid Thermal-Renewable Power Purchase Agreements, explores the implications of this structure for energy transition and energy contracts. Ayo-Odewale examines the prospects of the extant regulatory framework and recent initiatives in the Nigerian electricity sector to accommodate this hybrid generation of electric power trend. The rapid expansion of the global energy transition market backed by massive investment in renewable energy infrastructure presents a significant challenge for the African continent and, indeed, Nigeria. The continent is under pressure to phase out fossil fuel use and transition to clean energy while it continues to grapple with energy security concerns for its vast population. To ensure a gradual and sustainable transition without decarbonizing their economies into poverty, regulators in certain climes are revising norms and setting up structures to allow parties to bundle renewable energy with fossil fuel under existing fossil fuel-based power purchase agreements. Ayo-Odewale concludes that to fully leverage the benefits of this structured integration and ensure optimal utilization of Nigeria’s rich fossil fuel reserves as the country gears towards net-zero emissions by 2060, energy regulators (including key stakeholders) must be the first mover by driving pioneering initiatives to encourage, support and increase investments in both on-grid and off-grid electric power projects.
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An Overview of Takaful in Nigeria
0₦2,500.00Oluwaseyi Oso and Khadijah Abdulwahab in their article, An Overview of Takaful in Nigeria, introduce our readers to the practice of Takaful, an Islamic insurance practice which provides an alternative to conventional insurance for risk management. Takaful underscores, among others, mutual risk-sharing and ethical investment which excludes prohibited elements such as interest, gambling, and uncertainty. Interestingly, Takaful, though must be Shariah-compliant is not restricted to Muslims – both Muslims and non-Muslims seeking ethical financial services can invest in Takaful products. The Takaful operators are Takaful insurance companies which offer Takaful products such as family Takaful and general Takaful. Oso and Abdulwahab provide an overview of Takaful, outlining its key features and models. Oso and Abdulwahab also analyse the similarities and differences between Takaful and conventional insurance, and Takaful and mutual insurance. Additionally, Oso and Abdulwahab give an insight into the regulation of Takaful under Nigerian law, specifically reviewing the primary regulation on Takaful in Nigeria, the National Insurance Commission’s Operational Guidelines for Takaful-Insurance Operators, 2013, especially as it governs and regulates the administration of the Takaful operator. They conclude by highlighting Takaful’s appeal, as an alternative to conventional insurance, to both Muslims and non-Muslims interested in ethical financial products.
