• An Assessment of the Legal Framework for the Protection of Users of Automated Teller Machines in Nigeria

    An Assessment of the Legal Framework for the Protection of Users of Automated Teller Machines in Nigeria

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    Dr Festus Ukwueze and Chidubem Akubue-Izundu of the Faculty of Law University of Nigeria Enugu Nigeria in their article, An Assessment of the Legal Framework for the Protection of Users of Automated Teller Machines in Nigeria, note the convenience and benefits of ATMs: faster cash withdrawals, easy fund transfer, convenient payment of utility bills.  There are, however, challenges, mainly fraud and technical issues associated with the use of these non-human agents. Dr Ukwueze and Akubue-Izundu comprehensively review the relevant legal instruments regulating the use of ATMs in Nigeria. They posit that the laws and policies relating to ATMs’ operations are inadequate and proffer suggestions on measures to be put in place to strengthen the protection and confidence of users of ATMs in the country.

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  • An Assessment of the President’s Power to Remove a Director under the Petroleum Industry Act 2021

    An Assessment of the President’s Power to Remove a Director under the Petroleum Industry Act 2021

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    Temple Damiari of ASALAW LP, in his paper, An Assessment of the President’s Power to Remove a Director under the Petroleum Industry Act 2021, notes that with the passage of the Petroleum Industry Act 2021 and subsequent incorporation of the Nigerian National Petroleum Company Limited (NNPC Limited), President Muhammadu Buhari appointed members of the Board and Management of various institutional frameworks set out under the Petroleum Industry Act (PIA) 2021. Damiari considers the status of NNPC Limited and the removal of members of NNPC Limited Board of Directors under the PIA, the Companies and Allied Matters Act (CAMA) 2020 and Articles of Association of NNPC Limited (Articles). He argues that extant provisions of CAMA guide the removal of a Chairman of the Board of NNPC Ltd. He contends that the provisions of section 63(3) of the PIA and Articles on the removal of the first directors of NNPC Limited by the President conflict with the CAMA. He critiques the recent removal of the appointed Board Chairman of NNPC by the President and concludes that the removal was wrongful termination.

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  • An Evaluation of Customary Arbitration in Nigeria

    An Evaluation of Customary Arbitration in Nigeria

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    Abdul-Ghaniy Anjorin, in his article, An Evaluation of Customary Arbitration in Nigeria, undertakes a comprehensive overview of Customary Arbitration in Nigeria. He examines the parameters laid down by the Supreme Court in proving a compelling customary arbitration, and how these had been applied in various cases. He concludes with his view on the prospects of sustaining customary arbitration in the nearest future.

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  • An Evaluation of Estate Planning Mechanisms in Nigeria

    An Evaluation of Estate Planning Mechanisms in Nigeria

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    Despite the repeal of the Capital Transfer Tax Act 1979, some states, including Lagos, continue to charge a variant of inheritance tax called “Estate Duty”, before grant of probate or letters of administration in respect of a deceased person’s estate. Against this background, Abdul-Ghaniy Anjorin and Mazeedah Hassan, Legal Practitioners, in their paper, “An Evaluation of Estate Planning Mechanisms in Nigeria”, examine various estate planning devices that may be employed by an estate owner to simplify the administration of his estate, minimise probate fees, and ensure a seamless intergenerational transfer of assets.

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  • An Evaluation of the Application of Private Law to Recovery of Bribes in Nigeria

    An Evaluation of the Application of Private Law to Recovery of Bribes in Nigeria

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    John Omughele, Legal Practitioner and researcher, in his article, “An Evaluation of the Application of Private Law to Recovery of Bribes in Nigeria”, notes that the usual approach to the problem of bribery is to employ public law, through criminal law, against bribe-takers. He highlights the limitations of this approach and argues that as in the United Kingdom, Nigeria can also employ private law to recover bribes and accretions to bribes from bribe-takers, using the concept of fiduciaries as a unifying basis for both public and private sector bribery cases, as well as imposition of constructive trusts.

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  • An Examination of Copyright Protection of Artificial Intelligence Generated Works in Nigeria

    An Examination of Copyright Protection of Artificial Intelligence Generated Works in Nigeria

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    Tertsea Joo of Matrix Solicitors in his paper, An Examination of Copyright Protection of Artificial Intelligence Generated Works in Nigeria, notes that the world has witnessed an exponential increase in Artificial Intelligence (AI) which has featured in different facets of life like automated financial investing and trading, virtual travel booking agents, self-driving cars, and automated artworks, amongst others. With this technological advancement, it has become imperative to consider the issue of granting copyright protection to AI-generated works. Tertsea examines the Nigerian law on copyright protection alongside a few other jurisdictions to determine whether AI-generated works meet the Authorship, Ownership and Originality thresholds of copyright protection, the desirability or otherwise of copyrighting AI-generated works and in whom the rights should be vested – whether in the AI Programmer or User as well as who bears liability for copyright infringement by AI-generated works.

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  • An Examination of Courts' Support for Arbitration Proceedings in Nigeria

    An Examination of Courts’ Support for Arbitration Proceedings in Nigeria

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    Deinma Dibi, Associate at Perchstone and Graeys in his article, An Examination of Courts’ Support for Arbitration Proceedings in Nigeria, examines the Arbitration and Conciliation Act, and decided cases to identify ways in which the courts in Nigeria support arbitral proceedings.

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  • An Examination of Elements of Cross-Border Leasing

    An Examination of Elements of Cross-Border Leasing

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    Dr. Abiodun Amuda-Kannike SAN, Principal, Amuda-Kannike (SAN) & Co and Lecturer, Faculty of Law, Niger-Delta University, Wilberforce Island, Bayelsa State in his article “An Examination of Elements of Cross-Border Leasing”, contemplates the issue of cross border equipment leasing, types of leases, conflict and choice of laws and efforts at uniformity wrought by the Unidroit Convention on International Financial Leasing.

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  • An Examination of Female Employee Rights under Nigerian Law

    An Examination of Female Employee Rights under Nigerian Law

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    David Eyongndi of the Department of Private and Commercial Law, Bowen University, Iwo, in his article, “An Examination of Female Employee Rights Under Nigerian Law“, examines employment rights that are peculiar to women in Nigeria. He identifies laws and regulations that discriminate against women, and recommends an improvement in the current legal regime to expand the scope of female employee rights in Nigeria in accordance with modern economic realities and international best practices.

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  • An Examination of General Merger Control Exemptions

    An Examination of General Merger Control Exemptions

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    Professor Gbolahan Elias, SAN, Principal, G.E. Elias & Co in this monumental work “An Examination of General Merger Control Exemptions” analyses the state of Nigerian law with regards to preview and review in cases of mergers, acquisitions and business combinations. He argues that as the law stands, small deals are the only clear exemption from our rules calling for mergers and acquisitions deals to get prior regulatory review and approval for competition law purposes. Drawing on international comparison, the paper argues that the holding company exemption provided for in the Investments and Securities Act is questionable and advocated the need to add exemptions for real estate deals, intra-group deals, investment companies and certain foreign and governmental deals.

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  • An Examination of Governance and Operational Framework of Free Zones in Nigeria

    An Examination of Governance and Operational Framework of Free Zones in Nigeria

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    Dr. Nojeem Amodu, Group Principal Legal Officer with Dangote Industries Limited, in “An Examination of Governance and Operational Framework of Free Zones in Nigeria”,interrogates the legal, regulatory, fiscal and financial framework of free zones schemes in Nigeria. He notes different free zone models including Free Industrial Zones, Free Trade Zones, Export Processing Zones, Customs Free Zones, Free Economic Zones, Special Economic Zones among others. He considers the reasons for delineation of zones, licensing and incentive regimes of free zones in Nigeria, registration procedure and examines all sides of the argument in the debate on the conflict between the Nigeria Export Processing Zones Act (NEPZA) and the Oil and Gas Export Free Zone Authority Act (OGEFZA).

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  • An Examination of Neighbouring Rights in Nigeria

    An Examination of Neighbouring Rights in Nigeria

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    Regina Onwumere of the law firm of Aluko & Oyebode in An Examination of Neighbouring Rights in Nigeria notes that intellectual property law has proved to be a useful tool for the transmission and management of traditional cultural expressions and cultural heritage protecting it from unauthorised use, reproduction, misappropriation and other forms of dishonest exploitation. She explains the concept of Neighbouring Rights and its value as a framework for safeguarding cultural rights from abusive exploitation. She considers the legal framework for protection and enforcement of Neighbouring Rights in Nigeria.

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