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Access to Court and the Doctrine of Ripeness in Settlement of Chieftaincy Disputes in Nigeria
0₦2,500.00Gbenga Ojo, Lecturer, Lagos State University and Principal, Gbenga Ojo & Co in his article “Access to Court and the Doctrine of Ripeness in Settlement of Chieftaincy Disputes in Nigeria” undertakes a comprehensive appraisal, through case law, of the effect of non-compliance with the conditions precedent or statutory requirements for exhausting administrative remedies in settlement of chieftaincy disputes before seeking judicial remedy.
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An Examination of the Competing Layers of Rights in Communal and Family Land
0₦2,500.00Olagoke Odubunmi, Lagos-based legal practitioner in his article, “An Examination of the Competing Layers of Rights in Communal and Family Land” exhaustively discusses the competing, conflicting and concurrent layers of rights of the Chief, the Community, the Family Head, the Family and the Individual in the ownership, usage, management and alienation of Communal/Family Land, and the impact and implication of the Land Use Act on the layers of rights.
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Repositioning the Nigerian Solid Minerals and Mining Industry for Sustainable Development
0₦2,500.00Oluwakemi Oke, Lagos-based legal practitioner in her article “Repositioning the Nigerian Solid Minerals and Mining Industry for Sustainable Development” explores the legal and regulatory framework of the Nigerian mining sector. She analyses local content development and participation, environmental protection and the role of the Nigerian Extractive Industries Transparency Initiative (“NEITI”) in ensuring transparency and accountability in the mining sector.
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A Legal Analysis of Community Development Agreements as a Tool for Enhancing Social Licence to Operate for Mining Companies in Nigeria
0₦2,500.00Professor Peter Akper, SAN of the Nigerian Institute of Advanced Legal Studies in his article “A Legal Analysis of Community Development Agreements as a Tool for Enhancing Social Licence to Operate for Mining Companies in Nigeria” examines the provision of the Nigerian Mineral and Mining Act 2007 which introduced the mandatory conclusion of Community Development Agreements (CDAs) between mining companies and their host communities as a condition precedent to commencement of mining operations. He examines CDA as a ‘Social Licence to Operate’ , its essential features and enforceability. He concludes by x-raying three typical CDAs concluded by mining companies with Gimbi, Durumi and Piyyakasa communities.
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Section 34 of the Arbitration and Conciliation Act: Issues Arising
0₦2,500.00Joseph Mbadugha of McCarthy Mbadugha & Co and Visiting Professor of International Arbitration, Palacky University, Olomouc, Czech Republic in his article “Section 34 of the Arbitration and Conciliation Act: Issues Arising” examines the constitutionality of section 34 of the Arbitration and Conciliation Act. He contends that selecting arbitration as a means of resolving a particular dispute amounts to abandonment of the right of litigation and waiver of the constitutional right of resort to the court. He argues that parties’ choice of arbitration suspends the jurisdiction of courts over the same dispute and in consequence, section 34 is constitutional. He concludes that the inherent powers of the courts under the 1999 Constitution does not extend to restraining arbitration or further conduct of arbitral proceedings.
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External Restructuring under the Securities and Exchange Commission’s Rules: A Critique
0₦2,500.00Fidelis Adewole, Partner, Elias & Co in “External Restructuring under the Securities and Exchange Commission’s Rules: A Critique” scrutinises the provisions of the SEC Rules on “external restructuring” (ER) and argues that the provisions are vague, confusing and inadequate for the effective implementation of ER transactions. He posits that the provisions of the Companies and Allied Matters Act and the Investments and Securities Act are adequate to cover ER transactions and therefore the ER Provisions by the SEC are unnecessary just as the SEC has no power to make the Rules in the first place.
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Sustainable Reporting as a Panacea for Growth and Development
0₦2,500.00Dr Kunle Aina of the Department of Commercial and Industrial Law, University of Ibadan in his article “Sustainable Reporting as a Panacea for Growth and Development” examines the concept of Sustainable Reporting, which is reporting the social and environmental impact of corporate activities on stakeholders and the environment. He analyses the importance of adopting sustainable governance objectives by companies and particularly sustainable reporting and disclosure as an important tool for meaningful stakeholder engagement and solution to most stakeholder and company misunderstandings. He reviews international best practices on Sustainable Reporting and bemoans the legislative and regulatory framework for sustainable governance and reports in Nigeria which are so scanty as to be classified as non-existent.
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An Appraisal of the Duties of Directors of a Public Company in Nigeria
0₦2,500.00Jonathan Aluju and Joseph Onele, Associates at Olaniwun Ajayi LP in their article “An Appraisal of the Duties of Directors of a Public Company in Nigeria” consider the duties imposed by law and principles of corporate governance that directors of a company should adhere to. They examine the duty of directors, what is ‘in the best interest’ of a public company, corporate benefit and opportunities, and multiple and interlocking directorships within the context of case law, CAMA and SEC Code of Corporate Governance for Public Companies.
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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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Criminal Liability of Corporations for Bribery in Nigeria: Lessons from USA and UK
0₦2,500.00Dr Akeem Bello of the Department of Public Law, University of Lagos in his article “Criminal Liability of Corporations for Bribery in Nigeria: Lessons from USA and UK” examines Nigerian law on bribery and posits that there is no specific legislation designed to criminalise corporate bribery. He examines the criminality of ‘Facilitation Payment’ and ‘Corporate Hospitality’ and recommends that expanding the scope of bribery offences to cover all “persons”irrespective of whether they are public, private sector officials or corporate entities will strengthen the law on bribery in Nigeria.
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Analysis of Copyright in Digital Music: Implications for New Media Licensing for Ringtones under the Nigerian Copyright Act
0₦2,500.00Professor Adebambo Adewopo of the Nigerian Institute of Advanced Legal Studies and Partner, L & A Legal Consultants, in his article “Analysis of Copyright in Digital Music: Implications for New Media Licensing for Ringtones Under the Nigerian Copyright Act” provides a seminal exposition of the intersection of copyright law and entertainment, media and telecommunication industries in Nigeria, addressing the most contested and recondite issue in those industries at the moment. The article interrogates the far-reaching implication of digital exploitation of ring tunes under the Nigerian Copyright Act; deconstructs the framework of copyright protection of digital music; considers the copyright rules for qualification, use and infringement of work, and application to digital music in ringtones; examines issues relating to the key rights and collective management in the digital media under the extant Copyright Act and discusses insights that should shape the practice of new media licensing that is ultimately of great interest to practitioners in the creative economy.
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The Gravitas Review of Business & Property Law Vol.7 No.4 – Print
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.7 No.4, there are well researched articles on:
- Maritime
- Land Law
- Corporate Law & Practice
- Energy
- Taxation
- Intellectual Property
- Labour
- Litigation Practice & Procedure
- Practice Notes
