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The Gravitas Review of Business & Property Law Vol.14 No.2
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.14 No.2, there are well researched articles on:
- Banking Law
- Commercial Arbitration
- Labour & Employment Law
- Taxation
- Maritime Law
- Litigation Practice & Procedure
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Admissibility of Public Documents and Photocopies of Certified True Copies of Public Documents
0₦2,500.00Professor Joseph Abugu, SAN, in this article, Admissibility of Public Documents and Photocopies of Certified True Copies of Public Documents, examines two critical vexed issues on the admissibility of public documents. The first interrogates what qualifies as a public document within the provisions of the Evidence Act 2011. The second addresses the admissibility of photocopies of certified true copies of public documents. Professor Abugu posits that the essential quality of a public document must be ascertained by a conjunctive reading of sections 102 and 104 of the Evidence Act which specifies that the document must be one being kept under legal obligation by a public authority with open access by members of the public who seek to obtain a copy thereof and that routine communications of government agencies and statutory bodies do not so qualify. He also finds that the current exposition of the law on the admissibility of photocopies of certified true copies of public companies is as articulated in the 1969 decision of the Supreme court in Minister of Lands v. Azikiwe (SC) as applied in Ogboru v. Uduaghan (CA) and affirmed by the Supreme Court in Emeka v. Chuba-Ikpeazu & Ors. and in Oboh & Anr v. FNL Ltd.
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Revisiting MT Eyuwa vs. Inspector General of Police: The Imposition of “Juridical Personality” on a Ship – A Shibboleth?
0₦2,500.00Dr. Osinuga, in his article, Revisiting MT Eyuwa vs. Inspector General of Police: The Imposition of “Juridical Personality” on a Ship – A Shibboleth? revisits the legal concept of ascribing legal personality to a ship in the light of the recent decision of the Nigerian Court of Appeal in MT Eyuwa v Inspector General of Police, that a ship has legal personality. The article suggests that the concept of a vessel’s legal personality may have been misunderstood by the appellate court.
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Mergers Capital Gains Tax Relief: CGTA Section 32A — Repealed, Untouched, Needed?
0₦2,500.00Professor Gbolahan Elias, SAN, Principal G.E. Elias & Co. in his article, Mergers Capital Gains Tax Relief: CGTA Section 32A — Repealed, Untouched, Needed? revisits the issue of Capital Gains Tax Reliefs in mergers and acquisitions. He explains the ambit of Section 49 of the Finance Act (2019) (“FA 2019”) which introduced a new head of capital gains tax relief in mergers and other corporate re-organizations contexts. He compares the provision with section 49 in the 1993 Capital Gains Tax Act and identifies ambiguity about whether or not the old relief in the contexts in Section 32A of the Capital Gains Tax Act (1993) still applies alongside the new changes. Professor Elias argues that the two regimes of relief from capital gains tax for mergers and other corporate re-organizations continue to apply side-by-side, and that more heads of relief from the tax would be welcomed. He analyzes the text, structure, aims and history of the statutory provisions and the example of other jurisdictions in support of his contention.
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The Supreme Court of Nigeria Decision in Gbetu V. Itie: Is It a Case of Termination or Dismissal from Employment?
0₦2,500.00Faith Opara and Olasupo Bada in their case review article, The Supreme Court of Nigeria Decision in Gbetu V. Itie: Is It a Case of Termination or Dismissal from Employment? examine the decision of the Supreme Court in Gbedu v. Itie that employees’ whose employment was brought to an end by liquidation were by this token, dismissed from the employ of the liquidated company. Relying on primary and secondary data, they examine the propriety of this decision in the light of the legal connotation of termination and dismissal from employment. Opara and Bada examine the meaning and legal effect of termination and dismissal from employment under Nigerian labour jurisprudence and found that the decision was reached per incuriam. Therefore, lower courts are urged to distinguish and depart from the decision when faced with similar situation while the SCN is urged to overrule itself where the opportunity present itself subsequently.
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The Ratification of ILO Convention 190: A Glance at its Prospects and Challenges on the Litigation of Workplace Violence and Harassment in Nigeria
0₦2,500.00Victor Chukwuma and Chidiogo Odunukwe in their article, The Ratification of ILO Convention 190: A Glance at its Prospects and Challenges on the Litigation of Workplace Violence and Harassment in Nigeria, explore the ambit of workplace violence and harassment as a global phenomenon and the ILO’s adoption of a new Convention (ILO C190) in 2019 to specifically tackle the menace and to ensure that it is not allowed to erode the world of work. They consider the possible prospects and challenges of the Convention on the litigation of workplace harassment in Nigeria. They find that notwithstanding the issues and challenges facing the litigation of workplace harassment in Nigeria, the Convention will greatly strengthen the fight against gender-based violence at the workplace and also widen the spectrum of claims beyond the usual sexual harassment cases to other forms of harassment. They recommend that there is need for employers and employees to get acquainted with the provisions of the Convention especially with respect to their duties and rights thereunder.
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The Intersection of Insolvency and International Commercial Arbitration Nigeria and Selected Jurisdictions
0₦2,500.00Joshua Olewu in his article, The Intersection of Insolvency and International Commercial Arbitration: Nigeria and Selected Jurisdictions, examines the challenges posed by the intersection of insolvency with international commercial arbitration (ICA), such as validity of arbitration agreement, capacity, arbitrability, award enforcement etc,. He examines the position of Nigeria on this intersection and recommends lessons from the approaches in some jurisdictions with developed jurisprudence over the subject matter. Olewu, finds through a doctrinal methodology, that some developed jurisdictions (USA and France) have a systematized and internationalist approach towards addressing issues connected with the subject matter and recommends for Nigeria, the promulgation of clearly defined legislative instruments and/or reforms in order to provide regulatory clarity and other attendant benefits.
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Traditional Banks and the Evolution of Fintech Companies: Competition or Collaboration?
0₦2,500.00Yunus Adelodun and M. Oyabambi in their article, Traditional Banks and the Evolution of Fintech Companies: Competition or Collaboration? examine the growing recognition of Fintechs, their technology and its application in the banking sector. They analyze in details what Fintech subsumes, side by side an analysis of traditional banking and climaxed with the expansive effect of a possible collaboration between the traditional system and financial technology. They provide solutions to the breach of data issues created by the explosive use of the internet, by providing an analysis of relevant data protection regulations. They also provide an expository into the merits of financial technology companies over traditional banking.
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The Gravitas Review of Business & Property Law Vol.14 No.1 – Print
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.14 No.1, there are well researched articles on:
- Intellectual Property Law
- Environmental Law
- Data Protection & Privacy
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The Gravitas Review of Business & Property Law Vol.14 No.1 – E-Book
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.14 No.1, there are well researched articles on:
- Intellectual Property Law
- Environmental Law
- Data Protection & Privacy
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The Gravitas Review of Business & Property Law Vol.14 No.1
0₦5,000.00In this issue of The Gravitas Review of Business & Property Law Vol.14 No.1, there are well researched articles on:
- Intellectual Property Law
- Environmental Law
- Data Protection & Privacy
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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.
