• Checkmating the Unconventional Loan Recovery Tactics of Digital Loan Sharks

    Checkmating the Unconventional Loan Recovery Tactics of Digital Loan Sharks

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    Michael Ogunjobi of the Chambers of Norrison I. Quakers SAN, and member of the Chartered Institute of Loan and Risk Management, Nigeria, in his article, Checkmating the Unconventional Loan Recovery Tactics of Digital Loan Sharks, notes that the conduct of some digital loan fintech companies – calling/texting contacts of defaulters for the sole purpose of threatening, accusing, disgracing, and subjecting them to public ridicule through the circulation of pictures and details on social media and practically conducting extra-judicial criminal trial cum conviction amongst others – has gained ground. Admittedly, the grant of loans is accompanied by consequences upon default. However, parties cannot, by agreement, seek to enforce a contract by resorting to illegalities during debt recovery. Ogunjobi examines the legal and regulatory framework of operation of digital loan fintech companies in Nigeria and steps that can be taken by both the authorities and consumers to checkmate their hideous loan recovery practices.

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  • Examining the Early Warning System as an Essential Risk Management Tool in Engineering and Construction Projects

    Examining the Early Warning System as an Essential Risk Management Tool in Engineering and Construction Projects

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    Osinachi Nwandem, Senior Associate Aluko & Oyebode and Fellow of the Institute of Construction Industry Arbitrators, in his article, Examining the Early Warning System as an Essential Risk Management Tool in Engineering and Construction Projects, considers the early warning system as an indispensable risk management tool in construction projects. He contends that while the extension of time and additional payment mechanisms in construction contracts appear to compensate the Contractor during supervening events, these mechanisms are only deployed after the event. Nwandem observes that the workings of the early warning system help to identify and resolve events that could give rise to a potential delay or monetary claim. Given the striking benefits of the early warning system in a construction project, he shares guidance on designing an efficient early warning system in a construction contract.

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  • Director Beware! Examining Nigeria’s Strict Directorial Liability Regime for Competition Infringements from a Transcontinental Perspective

    Director Beware! Examining Nigeria’s Strict Directorial Liability Regime for Competition Infringements from a Transcontinental Perspective

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    Dr Pereowei Subai, Senior Lecturer in Corporate Law at the Niger Delta University, Wilberforce Island, Nigeria and Prince Chiazor Diarah in their article, Director Beware! Examining Nigeria’s Strict Directorial Liability Regime for Competition Infringements from a Transcontinental Perspective, critique certain aspects of the Federal Competition and Consumer Protection Act 2018 (FCCPA) as they relate to the imposition of sanctions on directors for corporate involvement in anticompetitive conduct. They note that the FCCPA seems to have created a strict liability regime for corporate competition law infringements. This approach is not in tandem with best practices in competition regulation which may be counterproductive to Nigeria’s desire to develop a viable competitive environment by deterring directors’ misbehaviour. Drawing lessons from other jurisdictions within and outside Africa, the authors argue that while it is necessary to penalise the individuals behind companies which infringe competition law, Nigeria should only prosecute persons whose acts or omissions contributed directly to competition infringements.

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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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  • Jurisdiction in Maritime Insurance Claims: A Review of Liverpool and London Steamship Protection and Indemnity Association Limited V M/T Tuma

    Jurisdiction in Maritime Insurance Claims: A Review of Liverpool and London Steamship Protection and Indemnity Association Limited V M/T Tuma

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    Chimezie Onuzulike, Senior Associate at G. Elias, in his article, Jurisdiction in Maritime Insurance Claims: A Review of Liverpool and London Steamship Protection and Indemnity Association Limited V M/T Tuma, explains that the Admiralty Jurisdiction Act 1991 creates a category of insurance claim known as ‘Maritime Insurance Claim’. This is essentially a claim for an insurance premium concerning a ship, or goods or cargo carried by the ship. This claim falls under general maritime claim in respect of which jurisdiction is conferred on the Federal High Court. This category of insurance claim is considered distinct from a simple contract of insurance in respect of which the State High Court may exercise jurisdiction. Recently, the Supreme Court of Nigeria in Liverpool and London Steamship Protection and Indemnity Association Limited v M/T Tuma made a distinction between maritime insurance claims under the Admiralty Jurisdiction Act 1991 and simple insurance claims and held that claims for insurance premiums arising out of insurance covers made in respect of a ship fall within the exclusive admiralty jurisdiction of the Federal High Court. Chimezie brilliantly reviews the decision of the Supreme Court in that case and argues that the distinction made by the Supreme Court between simple insurance claims and maritime insurance claims is misleading. He argues that insurance contracts, whether involving a ship or cargo carried by a ship, are simple insurance contracts and not necessarily maritime claims which fall under the admiralty jurisdiction of the Federal High Court.

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  • Judicial Attitude to Service of Originating Court Process on a Company by Substituted Means: Imperative for Revisitation

    Judicial Attitude to Service of Originating Court Process on a Company by Substituted Means: Imperative for Revisitation

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    Dr Mathew Anushiem of the Faculty of Law, Nnamdi Azikiwe University, Nigeria, in his article, Judicial Attitude to Service of Originating Court Process on a Company by Substituted Means: Imperative for Revisitation, explains that the service of court processes, particularly originating processes, confers jurisdiction on courts to adjudicate on a case and also bring to the defendant’s notice of a claim against him to enable the defendant to either defend or admit the claim. Originating processes are usually served personally or through substituted means. However, in cases where a defendant is a company, the courts frown at the service of originating court process on it by substituted means. The ratio behind the courts’ decisions is that a company is usually stationary at the registered corporate address. A process server can always go to the company and serve the originating processes in accordance with the Rules to wit: service on the company’s principal officers. Given current happenings, the nature of some businesses and technological advancement, Dr Anushiem posits that there is the need to revisit the Rules and judicial attitude to bring them in tandem with modern trends.

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  • Adjournment of Proceedings Sine Die Pending Appeal: Has the Decision of the Supreme Court in Alioke V Oye Changed the Law?

    Adjournment of Proceedings Sine Die Pending Appeal: Has the Decision of the Supreme Court in Alioke V Oye Changed the Law?

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    Sir Isaac Obi, Partner at Alliance Law Firm, in his article, Adjournment of Proceedings Sine Die Pending Appeal: Has the Decision of the Supreme Court in Alioke V Oye Changed the Law? explains that adjournment of court proceedings, sine die, pending appeal has been one of the ways the appellate courts maintain and preserve their superiority over lower courts in Nigeria. Once an appeal has been properly entered before an appellate court and the lower court is formally notified, it is automatically stripped of its jurisdiction on that matter until the appellate court concludes the matter. Recently, it has been argued that the decision of the Supreme Court in Alioke v Oye has changed the law. It is argued that an appeal does not operate as a stay of proceedings and that until the appellate court makes a definite order compelling the lower court to adjourn the matter, the lower court retains its discretion whether or not to adjourn the matter sine die, pending appeal, irrespective of the fact that an appeal has been entered. Sir Obi critically analyses the decision in Alioke v Oye to see whether the law has really changed.

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  • Further Issues on Pre-Emptive Remedies Under the Lagos State High Court (Civil Procedure) Rules 2019

    Further Issues on Pre-Emptive Remedies Under the Lagos State High Court (Civil Procedure) Rules 2019

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    Dr Muiz Banire SAN, Principal Partner of MA Banire and Associates, in his article, Further Issues on Pre-Emptive Remedies Under the Lagos State High Court (Civil Procedure) Rules 2019, notes the importance of the existence of the res prior to the institution of a suit and during its pendency. He explains that all courts possess the power to preserve the res in an action. The rationale is to ensure that the final order does not expose the court to a state of helplessness, leaving a victorious party with a mere empty and pyrrhic victory. A section of the High Court of Lagos State (Expeditious Disposal of Civil Cases) Practice Direction No. 2 of 2019 on Pre-action Protocol deals with pre-emptive remedies. Dr Banire, in the article, which is a sequel to the one published by The Gravitas Review in December 2021, explains the need for a proper application of preemptive remedies provision in the Practice Direction. He examines recent decisions of the High Court of Lagos State, which suggest that some Judges are yet to appreciate the essence and unique character of the preemptive remedy provisions.

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  • Compelling Non-Signatories to Arbitral Proceedings in Nigeria

    Compelling Non-Signatories to Arbitral Proceedings in Nigeria

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    Dr Lawal Ijaodola and Oluwaseun Oyekan, both formerly of G. Elias and now at the University of Oxford and Nottingham Trent University, United Kingdom, respectively, in their article, Compelling Non-Signatories to Arbitral Proceedings in Nigeria, note that the basis of any arbitration in Nigeria is a written agreement between two or more parties to resolve their disputes by arbitration. However, in the case of Metroline (Nig.) Ltd. v Dikko (Metroline), the Court of Appeal held that an arbitral award was binding on a non-signatory to the arbitration agreement. Dr Ijaodola and Oyekan appraise Metroline and conclude that the reasonings of the Court of Appeal are not justified by statutes or judicial precedent. They also examine instances where non-signatories may be compelled to arbitration in Nigeria and found none of them was present in Metroline. However, the authors note that the reasonings in Metroline could be salvaged by three principles which, although alien to Nigerian law, could justify the decision.

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  • The Gravitas Review of Business & Property Law Vol.13 No.2

    The Gravitas Review of Business & Property Law Vol.13 No.2 – Print

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    In this issue of  The Gravitas Review of Business & Property Law Vol.13 No.2, there are well researched articles on:

    • Investments & Securities Law
    • Arbitration
    • Competition Law
    • Litigation Practice & Procedure
    • Maritime Law
    • Data Protection & Privacy
    • Environmental Law
    • Intellectual Property
    • Energy Law
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  • The Gravitas Review of Business & Property Law Vol.13 No.2

    The Gravitas Review of Business & Property Law Vol.13 No.2 – E-Book

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    In this issue of  The Gravitas Review of Business & Property Law Vol.13 No.2, there are well researched articles on:

    • Investments & Securities Law
    • Arbitration
    • Competition Law
    • Litigation Practice & Procedure
    • Maritime Law
    • Data Protection & Privacy
    • Environmental Law
    • Intellectual Property
    • Energy Law
    5,000.00
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  • The Gravitas Review of Business & Property Law Vol.13 No.2

    The Gravitas Review of Business & Property Law Vol.13 No.2

    0

    In this issue of  The Gravitas Review of Business & Property Law Vol.13 No.2, there are well researched articles on:

    • Investments & Securities Law
    • Arbitration
    • Competition Law
    • Litigation Practice & Procedure
    • Maritime Law
    • Data Protection & Privacy
    • Environmental Law
    • Intellectual Property
    • Energy Law
    5,000.00
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