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The Liability of Brand Influencing for Defective or Inappropriate Business Promotion and Marketing: A Review of the Applicable Laws in Nigeria
0₦2,500.00Patrick Akwu and Aghoghomena Arhere, in their article, The Liability of Brand Influencing for Defective or Inappropriate Business Promotion and Marketing: A Review of the Applicable Laws in Nigeria, interrogate how the rise of social media has fundamentally transformed marketing strategies, with businesses increasingly relying on celebrities and influencers to promote their products and services. While these endorsements significantly enhance consumer reach and acceptance, they raise critical questions about liability when the products or services are defective, misleading, or harmful. Akwu and Arhere analyze the evolving regulatory landscape in Nigeria and examine the liability of brand influencers for engaging in defective advertising practices or promoting defective products and services. Akwu and Arhere explore the dual relationship that brand influencers maintain: contractually with product manufacturers through endorsement agreements, and through common law duties of care with their audience and followers. In conclusion, Akwu and Arhere establish that influencers must exercise due diligence in business promotion, as Nigeria’s current legal regime provides avenues for consumer redress and sanctions for deceptive advertising practices.
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The Liberalisation of Locus Standi in Environmental Cases in Nigeria: An Appraisal of the Supreme Court’s Decision in Centre for Oil Pollution Watch v NNPC
0₦2,500.00Adeniyi Olatunbosun, Professor of Public Law, and Dean Faculty of Law, University of Ibadan, Nigeria and Kingsley Onu, Lecturer Adeleke University Ede Nigeria in their article, The Liberalisation of Locus Standi in Environmental Cases in Nigeria: An Appraisal of the Supreme Court’s Decision in Centre for Oil Pollution Watch v NNPC, comprehensively examine the concept of locus standi in environmental cases. They review the decision of the Supreme Court in COPW V NNPC regarding the locus standi of a non-governmental organisation to sue for an act of environmental degradation. They conclude with an analysis of the effect of the Supreme Court’s decision on future of environmental litigations in Nigeria.
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The Multi-door Courthouse Concept: A Revolution in Alternative Dispute Resolution
0₦2,500.00Gogo Otuturu, Principal Partner, Crown Chambers and Senior Lecturer, Department of Legal Studies, Bayelsa State College of Arts and Science, Elebele, Yenagoa in “The Multi-Door Courthouse Concept: A Revolution In Alternative Dispute Resolution” examines the various forms of alternative dispute resolution, the challenge of enforcement of ADR awards and the attraction of the Multi-Door Courthouse concept.
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The National Industrial Court of Nigeria and the Application of International Labour Standards and Best Practices in Employment Litigation
0₦2,500.00Edafe Ugbeta in his article, The National Industrial Court of Nigeria and the Application of International Labour Standards and Best Practices in Employment Litigation, examines the application of international labour standards (ILS), particularly those addressing unfair labour practices, in employment and labour-related litigation in Nigeria. In doing so, Ugbeta focuses on the policy and practice of the National Industrial Court of Nigeria (NICN), Nigeria’s specialised court for resolving employment disputes, highlighting the Court’s expansive utilisation of its constitutional mandate to apply or interpret international labour standards. Ugbeta also analyses the NICN’s procedural requirement for litigants to plead and prove international labour standards and (international) best practices, and critiques the inconsistent judicial approaches that have led to uncertainty. Ugbeta concludes by advocating for a consistent, justice-driven approach that reinforces the NICN’s role in promoting fair labour practices in line with global standards.
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The National Industrial Court of Nigeria Swimming with the Tide in Ebere Onyekachi Aloysius V Diamond Bank Plc
0₦2,500.00Professor Israeli Worugji of the University of Calabar, Nigeria and Nheoma Worugji of the Rivers State University, Nkpolu-Oroworukwo Port Harcourt Nigeria, in their article, The National Industrial Court of Nigeria Swimming with the Tide in Ebere Onyekachi Aloysius V. Diamond Bank, note that ordinarily, an employer has the freedom to terminate the employment of an employee upon due notice and regardless of motive. The National Industrial Court of Nigeria (NICN) in a recent decision, however, seems to have limited the employer’s otherwise open-ended power to bring the contract of employment to an end. In Aloysius case, the NICN, relying on international labour standards and its new mandate under the Constitution (Third Alteration) Act, decided that no termination of a contract of employment should take place unless there is a valid reason connected with the capacity or conduct of the employee or based on the operational requirements of the establishment.Professor Israel Worugji and Nheoma Worugji review the Aloysius the case against the background of the common law and statutory provision on termination of employment, the International Labour Organisation’s instruments and international best practices.
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The Nature of Indemnity Right of Trustees
0₦2,500.00Olaniran 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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The Neurological Basis of Statutory Defences in the Determination of Criminal Responsibility
0₦2,500.00Dr O. I. Derik-Ferdinand, Senior Lecturer, Department of Legal Studies, Bayelsa State Polytechnic and Dr Gina Elvis-Imo, Acting Head of Department, Department of Jurisprudence and Public Law Niger Delta University, in their paper, The Neurological Basis of Statutory Defences in the Determination of Criminal Responsibility, explain that statutory criminal defences are formidable tools in the hands of the defence, specifically designed and aimed at mitigating or, in certain circumstances exculpating the defendant wholesomely from the harshness of criminal law. Derik-Ferdinand and Elvis-Imo examine the philosophical basis of criminal defences and ascertain whether statutory criminal defences are neuroscientific in their statutory entrenchment and whether they are neurologically linked in their operational foundation. In addition, they assess and evaluate the criminal defences from the provisions of the Criminal Code in Nigeria.
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The Nigerian Corporate Governance Challenge: Inadequacy of Laws or Question of Enforcement
0₦2,500.00Oludolapo Makinde, PhD Student at the Peter Allard School of Law, University of British Columbia Vancouver Canada in her article, The Nigerian Corporate Governance Challenge: Inadequacy of Laws or Question of Enforcement, argues that while the need to develop a corporate governance framework that will stand the test of time is beyond question, it is debatable whether the corporate governance architecture in Nigeria is adequate. Makinde undertakes an appraisal of Nigeria’s corporate governance framework through a comparative analysis with that of Canada. The aim is to ascertain if the main challenge is one of the inadequacies of laws or implementation and enforcement.
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The Nigerian Tax Administration in Perspective: The Way Forward
0₦2,500.00Dr. Olariyike Akintoye of the Centre for Business Taxation, Kwara State University, Malete in “The Nigerian Tax Administration in Perspective: The Way Forward”, examines the legal framework for tax administration in Nigeria analysing the challenges and proffering ways to improve governments’ income generation through effective but equitable taxation.
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The Non-Interventionist Principle – Understanding Sections 30 and 34 of the Arbitration and Conciliation Act of Nigeria
0₦2,500.00Ajibola Dalley, Partner, GRF Dalley and Partners Lagos Nigeria in his article, The Non-Interventionist Principle – Understanding Sections 30 and 34 of the Arbitration and Conciliation Act of Nigeria, notes that though the power of the court to intervene during the course of an arbitral proceeding is limited by the Arbitration and Conciliation Act, some courts have granted orders of injunction and proceeded to remove arbitrators on grounds of misconduct prior to the delivery of the arbitral award. He explores the propriety of pre-award injunctions and the removal of arbitrators on the grounds of misconduct by analysing sections 30 and 34 of the ACA and other principles of non-intervention replete in the Act.
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The Practices Of Digital Lending Platforms Vis A Vis Data Protection Laws In Nigeria
0₦2,500.00In his article, Practices Of Digital Lending Platforms Vis A Vis Data Protection Laws In Nigeria, Oladamola Oyabambi examines the legitimacy of the practices of some digital lending platforms, using experiences of victims and relating same with relevant data protection laws, Oyabambi evaluates the possibility of an overlap of duty by examining the provisions of the Bank and other Financial Institutions Act (BOFIA) and the Guidelines and concludes with feasible recommendations.
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The Premises for Regulating Social Media in Nigeria: A Critical Examination
0₦2,500.00Social media has globally evolved over the years and impacted all sectors across boards. Its advent has revolutionised communication, social interaction, and information. However, the legal basis of regulating it has been an issue of discussion, considering its impacts on privacy, freedom of expression, and digital rights generally. Confidence Mbang, in his article, The Premises for Regulating Social Media in Nigeria: A Critical Examination, adopts the doctrinal approach and analytical/comparative methodology, basically analysing statutes, policies, guidelines, case laws, journals, articles, periodicals, international standards, and best practices, amongst others. Mbang examines regulatory actions by states and whether or not it conflicts with international standards. Mbang submits that while regulation is necessary to address national security, disinformation, and other pressing concerns, the same should be balanced with the observance of digital rights in line with best practices. Mbang recommends judicial review, harmonization of laws, digital literacy, and self-regulation/co-regulation as the way forward in regulating Social media.
