• 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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  • An Examination of the Civil Liabilities of Doctors for Negligence in Invasive and Non-Invasive Procedures

    An Examination of the Civil Liabilities of Doctors for Negligence in Invasive and Non-Invasive Procedures

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    Ogaga Ediru of Adjuya Chambers, Lafia, Nasarawa State Nigeria in his article, An Examination of the Civil Liabilities of Doctors for Negligence in Invasive and Non-Invasive Procedures, reviews the liability of doctors for negligence while treating patients. He states that the position of the law in Nigeria as it relates to the liability of doctors for negligence in invasive procedures where a part of a surgical instrument, like a needle, is left in the body of a patient after surgery is that no doctor breaks a needle negligently, and that needles get broken accidentally. Ogaga proposes that the courts should at the earliest opportunity review their decision on medical negligence relating to cases where surgical instruments are retained in the bodies of patients. He recommends that doctors, in order to escape liability for negligence in non-invasive treatments, should juxtapose diagnostic results from the laboratory with manifested clinical signs of patients before commencing treatment, and explore the option of additional exploratory tests where results conflict with clinical signs.

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  • An Examination of the Competing Layers of Rights in Communal and Family Land

    An Examination of the Competing Layers of Rights in Communal and Family Land

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    Olagoke 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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  • An Examination of the Criminal Liabilities of Doctors in the Nigerian Healthcare System

    An Examination of the Criminal Liabilities of Doctors in the Nigerian Healthcare System

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    Dr Moses Ediru, formerly of Benue State University, and Ogaga Ediru in their article, An Examination of the Criminal Liabilities of Doctors in the Nigerian Healthcare System, comprehensively examine the criminal liabilities of doctors and how doctors could be made accountable for criminal acts or omissions done while discharging their duties. The authors consider liability for criminal negligence, murder, manslaughter, illegal abortion, and offences under the National Health Act. They also consider defences that are available to a doctor.

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