• The Nature of Indemnity Right of Trustees

    The Nature of Indemnity Right of Trustees

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    Olaniran Osotuyi, Associate, Olaniwun Ajayi LP examines “The Nature of Indemnity Right of Trustees”. While the law is fairly settled on the right of a trustee to be indemnified, to recoup the cost from the trust property and in certain circumstances from the beneficiaries for costs properly incurred in the performance of the trust, the nature of that right has been controversial, particularly whether it confers beneficial proprietary interest in the trust fund on the trustee. The article examines the foundations of the trustee’s right of indemnity and argues that while the trustee’s right may find an uncomfortable niche within the class of rights which bear the proprietary label, it may not deliver all the benefits nor give rise to all the effects of property rights

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  • No Orchids For Miss Blandish: Nigerian Anti-Money Laundering Statutes and Nigerian Lawyers

    No Orchids For Miss Blandish: Nigerian Anti-Money Laundering Statutes and Nigerian Lawyers

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    Dr Olumide Obayemi of the Lagos State University and Legal Practitioner, Ajumogobia & Okeke, Lagos in his article, No Orchids For Miss Blandish: Nigerian Anti-Money Laundering Statutes and Nigerian Lawyers” examines the concept of money laundering and comprehensively reviews extant Nigerian legislation and regulations on money laundering including the 2 August 2012 Central Bank of Nigeria Circular, Federal Ministry of Industry Trade & Investment AML/CFT Regulations for Designated No the Terrorism (Prevention) Amendment Act (2013). He examines the reporting and monitoring requirements imposed on financial institutions, and other professionals, including lawyers, and juxtaposes these obligations with the privacy and confidentiality protections afforded to clients and lawyers under the Nigerian Constitution (1999), the Evidence Act (2011), and the Legal Practitioners Act. He considers the case of the Nigerian Bar Association v Attorney General of the Federation on the issue and draws his conclusion.

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  • An Examination of the Role of International Arbitrators

    An Examination of the Role of International Arbitrators

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    David Ike,Faculty of Law, Imo State University, Owerri in his article “An Examination of The Role of International Arbitrators”,posits that while Arbitration has been extolled as a confidential, quick, and cost-efficient method for resolving disputes, those virtues have been eroded with the expansion in the number of parties using arbitration, the increasingly adjudicative nature of the process and the shift in the group serving as arbitrators. He considers the role international arbitrators should play in providing independent, adjudicative services to honour the parties’ expectations and contribute to the legitimacy of international arbitration. He explores the adjudicatory and administrative roles of arbitrators, opportunities to address misconduct during and after proceedings, and how market-based and institutional incentives are used to encourage appropriate conduct among arbitrators.

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  • Admiralty Action in Rem: The Value of Security to be Furnished for the Release of an Arrested Vessel in Nigerian Admiralty Law

    Admiralty Action in Rem: The Value of Security to be Furnished for the Release of an Arrested Vessel in Nigerian Admiralty Law

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    Dr Chukwuechefu Ukattah and Maryam Oyebode, Associates at Olaniwun Ajayi LP in their article “Admiralty Action in Rem: The Value of Security to Be Furnished for The Release of An Arrested Vessel in Nigerian Admiralty Law”, argue that an important attractiveness of an action in rem is the ability of a Claimant to arrest the vessel against whom he has a claim until sufficient security for her bail is provided by her owners. There have been discordant tunes among the courts on the value of the security to be furnished for an arrested vessel. The article argues that recent decisions by the Nigerian Court of Appeal, heavily influenced by the decision of Brandon J in the English case of The Moschanthy,  were reached per incuriamas the Court failed to follow earlier decisions of the Supreme Court on the subject, and are contrary to the clear provisions of the Admiralty Jurisdiction Procedure Rules 2011.

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  • Reforming the Law on Audit Committees in Nigeria

    Reforming the Law on Audit Committees in Nigeria

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    Professor Joseph Abugu,Editor-in-Chief, The Gravitas Review of Business & Property Law and Head of Department, Commercial & Industrial Law, University of Lagos in his article “Reforming the Law on Audit Committees in Nigeria” against the background of the proposed bill for the reform of the Companies and Allied Matters Act 2017, explores the murky waters of composition and responsibilities of audit committees and delineates the distinction between the Statutory audit committee and a Board audit committee, underscoring the legal basis for each and their differing roles and responsibilities. He concludes with an analysis of the audit committee regulatory regime in the UK, US and Canada for comparative insight.

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  • A Review of the Legal Nature of Equipment Leasing in Nigeria

    A Review of the Legal Nature of Equipment Leasing in Nigeria

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    Emwanta Ehigiato, author of An Introduction to the Law and Practice of Equipment Leasing in Nigeria in his article, “A Review of the Legal Nature of Equipment Leasing in Nigeria”, explores the legal aspects of equipment leasing which has been embraced on a much lower scale than hire purchase which is an older financing device in Nigeria. He analyses the legal framework for equipment leasing, the structure of an Equipment Lease Contract and obligations of parties. The paper undertakes a comprehensive review and commentary on the provision of the principal legislation on equipment leasing in Nigeria, Equipment Leasing Act of 2015.

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  • Examining Jurisdictional and Regulatory Issues in Internet Transactions in Nigeria

    Examining Jurisdictional and Regulatory Issues in Internet Transactions in Nigeria

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    Professor Paul Idornigie SANof the Nigerian Institute of Advanced Legal Studies and Dr Godwin Umoru of the University of Benin in their article “Examining Jurisdictional and Regulatory Issues in Internet Transactions in Nigeria”, examine the extra-territorial nature of internet transactions and the challenges of applicable law, admissibility of electronic transmissions in evidence, enforceability of judgments, and how internet transactions are regulated. The article examines bills pending before the 8th National Assembly and the extent the bills and Nigerian laws generally conform to international conventions and protocols including the UNCITRAL Model Law on e-Commerce, the Model Law on E-Signature, the Convention on Contracts for the International Sale of Goods and the Convention on the Use of Electronic Communications in International Contracts.

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  • The Gravitas Review of Business & Property Law Vol.8 No.1

    The Gravitas Review of Business & Property Law Vol.8 No.1 – Print

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    In this issue of The Gravitas Review of Business & Property Law Vol.8 No.1, there are well researched articles on:

    • Intellectual Property
    • Economic Crimes & Sanction
    • Corporate Law & Practice
    • Investments & Securities Law
    • Arbitration
    • Mining
    • Land Law
    • Litigation Practice & Procedure
    • Education
    • Practice Notes
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  • The Gravitas Review of Business & Property Law Vol.8 No.1

    The Gravitas Review of Business & Property Law Vol.8 No.1 – E-Book

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    In this issue of The Gravitas Review of Business & Property Law Vol.8 No.1, there are well researched articles on:

    • Intellectual Property
    • Economic Crimes & Sanction
    • Corporate Law & Practice
    • Investments & Securities Law
    • Arbitration
    • Mining
    • Land Law
    • Litigation Practice & Procedure
    • Education
    • Practice Notes
    5,000.00
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  • The Gravitas Review of Business & Property Law Vol.8 No.1

    The Gravitas Review of Business & Property Law Vol.8 No.1

    0

    In this issue of The Gravitas Review of Business & Property Law Vol.8 No.1, there are well researched articles on:

    • Intellectual Property
    • Economic Crimes & Sanction
    • Corporate Law & Practice
    • Investments & Securities Law
    • Arbitration
    • Mining
    • Land Law
    • Litigation Practice & Procedure
    • Education
    • Practice Notes
    5,000.00
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  • An Overview of the National Industrial Court (Civil Procedure) Rules 2016

    An Overview of the National Industrial Court (Civil Procedure) Rules 2016

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    Folabi Kuti, Partner, Perchstone & Graeys gives “An Overview of The National Industrial Court of Nigeria (Civil Procedure) Rules 2016” in his beautifully written article. He x-rays the salient and revolutionary provisions of the new Rules, the confusion between the short and long titles, and the applicability of ratified but undomesticated treaties by the National Industrial Court.

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  • An Appraisal of Funding of Legal Education in Nigeria

    An Appraisal of Funding of Legal Education in Nigeria

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    Dr Godwin Umoru of the Faculty of Law, University of Benin in his article “An Appraisal of Funding of Legal Education in Nigeria” examines the historical trajectory and framework for funding legal education in Nigeria, ranking of Nigerian universities among their African peers, endowment and other options for sustainable funding and development of legal education.

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