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Jul 26, 2016

Decision Of A Court With Competent Jurisdiction – Meaning And Effect Of




“In this Constitution unless it is otherwise expressly provided or the context otherwise requires- “decision” means, in relation to a court, any determination of that court and includes judgment; decree, order conviction, sentence or recommendation”.

  • SECTION 318 (1) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED).
It is trite that the decision of a court of competent jurisdiction no matter its nature is absolute and binding on all and sundry without question until such decision is legally and legitimately set aside by a competent court of appellate jurisdiction. As stated in Section 318 (1) above, the decision of a court varies from judgment to decree, order, conviction, sentence and recommendation. The decision of a court of competent jurisdiction could be either final or interim in nature.

Jul 25, 2016

Dunmade Onibokun - Do you have a Contract of Employment?




There are a lot of people reading this post, answering “No” to the above question. Next is thinking asking why you don’t have one in the first place and wondering if you are even entitled to one?  

Personally, I have met workers who informed me that though they were engaged in various forms of employments, they did not have written Contracts of Employment neither had they been provided one by their employers. 

Jul 22, 2016

Senate Passes Nigerian Railway Corporation Bill, 2016


Senator Gbenga Ashafa (Chairman, Senate Committee on Land Transport) 


The Senate on Thursday, July 21, 2016, passed the Nigerian Railway Corporation Bill 2016 seeking to replace the 61 year old obsolete Nigerian Railway Corporation Act, 1955. The Bill sailed through third reading after a very rigorous exercise; and hopes to revitalize the Railway sector for optimal development and conform to modern trends and challenges.

Jul 21, 2016

Ivie Omoregie: When Oil & Gas Companies Start Letting Go of Staff


Many people would be aware of the general crash in the price of a barrel of crude oil (at one point, even Hennessy cost pass am); although the oil and gas sector has a history of boom and busts, this would have been the lowest slump since the early 90’s. Unfortunately, even industry experts did not see it coming.

Companies involved in upstream activities, especially deep offshore, have been forced to simply stop, with an estimated two-thirds of all rigs being decommissioned; the implication of this is that, oil companies who previously enjoyed a booming business have had to readjust their business operations, with many sustaining substantial losses. Around the world numerous oil companies have gone bankrupt, resulting in over 250,000 redundancies.

Tolulope Aderemi - The Niger Delta Crisis: Negotiations Vs. Military Force


Over the years, various agitations have filled the political space on the ‘emancipation of the Niger- Deltans’; rightly so. The environmental degradation frequently occasioned by the oil & gas exploration and production activities in the Delta region has largely birthed this agitation as well as various Groups making different claims; some to ownership of oil and gas whilst others to, a need to be compensated for ‘taking their natural resource’. Some others have advocated the need for government to, appropriately interpret the laws and enlighten the populace on the state of the true ownership of the ‘black gold’. Only recently, a former Senator of the Federal Republic of Nigeria (and a former Minister too) on one of the private television stations, advocated for complete secession of the oil blocs to the ‘Niger Deltans’ with government only maintaining a ‘participating’ right. Suffice to say that all views may be right or wrong. What is important is the consequence of not taking prompt, strategic and decisive action on the incessant and alarming damage done by the militants to our oil infrastructure thereby causing Nigeria as a whole to lose its market share in the global oil space.

Jul 18, 2016

Luxury Street - Stylish, Professional Bags for Female Lawyers



We are familiar with the saying..."If the shoe fits...wear it" or "if the shoe fits buy it in every colour" but you'll agree with me that we also need our professional bags to fit and fit well. 

Based on research carried out on female lawyers, a good work bag should;
(a)Hold all necessary papers and files for court/work and maybe a small laptop.
(b)Still look fashionable after work.
(c)Be durable.

The challenge lies in finding a bag that has just the right balance of feminine and fashionable yet functional. We've put together some ideas to solve this dilemma.

Jul 15, 2016

PROFILE - A.B Mahmoud SAN


Ed's Note - The learned silk, A.B Mahmoud SAN is currently contesting for the Presidency of the Nigerian Bar Association and won our poll by 71% when we asked our readers who they had rather have lead the Nigerian Bar.

Mr. Abubakar Balarabe Mahmoud graduated from Ahmadu Bello University, Zaria in 1979. He holds a master’s degree from the same university specializing in Company and Labour Relations Law. He worked for 15 years with the Kano State Ministry of Justice rising from pupil state counsel to the position of the State Attorney General and Commissioner for Justice and co-founded the law firm of Dikko & Mahmoud in 1993, the same year he was elected as Chairman of the NBA, Kano Branch.

Olubunmi Abayomi-Olukunle - Nigeria’s Venture Capital Industry: DFIs have a Role to Play






By: Olubunmi Abayomi-Olukunle



By many standards, the venture capital industry in Nigeria is still emergent especially if one considers the size of the deals, number of funds and sophistication of investors in the market. Accordingly, the Federal Government must promote venture capital activity in Nigeria as a strategic policy initiative and in order to promote innovation and enterprise amongst the most productive segment of its population. As part of that process, the Federal Government should strategically engage all the stakeholders in the industry’s value chain. This is particularly important at this time given the increasing flow and value of foreign investments into the venture capital space in Nigeria, a trend, which in our view, holds the promise that Nigerian start-ups can unleash a revolution of wealth creation and rapid economic growth in a sustainable manner. Our proposition is that local Development Finance Institutions (DFIs) are critical stakeholders in the value chain and have a significant role to play in Nigeria’s venture capital industry.

Dunmade Onibokun - Scope of Immunity Clause on Nigerian Public Officers

President Muhammadu Buhari

By virtue of the Nigerian 1999 Constitution, certain public officers are granted immunity. This post will be analyzing the relevant provision of the constitution providing for immunity and taking a look at the extent of the cover provided by the immunity clause. 

The 8th edition of the Black’s Law dictionary defines immunity as ‘any exemption from a duty, liability or service of process; especially such exemption granted to a public official. L.B Curzon’s, A Dictionary of Law, further defines immunity as a “freedom or exemption from some obligation or penalty. 

Argyle & Clover - Obtaining Letters Of Administration (Without Will) At The High Court Of Lagos State





When a person dies intestate i.e. without leaving a Will, no person is allowed under the administration of estate law to administer the estate of the deceased without obtaining Letters of Administration. To do so will amount to intermeddling with the Estate of the Deceased.

The Letter of Administration empowers the persons named therein to administer the Estate of the Deceased. Prior to obtaining the grant of a Letter of Administration on an Estate, the properties of the deceased are deemed to vest in the Chief Judge of the State.[1]

Faruq Abass - NICN Judgment On Work Place Discrimination Based On The Hiv Status Of An Employee




Mr. X commenced a lawsuit against Company Y at the National Industrial Court (NIC), Lagos (Suit No. NIC/LA/265/2015) seeking, inter alia, a declaration that the termination of his employment by the Respondent on 24th March 2015 constitutes a violation of his fundamental rights to human dignity and freedom from discrimination as guaranteed by sections 34 and 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 2, 5 and 19 of the African Charter on Human and Peoples’ Rights on the ground that his termination was based on the discovery that he was HIV positive. The Applicant also sought for general, aggravated and exemplary damages against the Respondent for the shabby and wrongful manner in which his employment was terminated. 

Jul 13, 2016

Tochukwu Chikwendu - CBN OTC Fx Futures: Understanding The Derivatives Market




By: Tochukwu Chikwendu

 The Central Bank of Nigeria (CBN) recently removed the peg on Nigerian currency (Naira) and officially announced a floating rate. The implication therefore is that the value of Naira will be determined by the forces of demand and supply. In its announcement, the CBN introduced an over- the-counter (OTC) Foreign Exchange (FX) Futures, a derivatives product which will help open up the market and encourage foreign investments.

Jul 10, 2016

Jamiu Akolade - Can the draft National Code of Corporate Governance be made applicable to all private companies?




By: Jamiu Akolade MCIArb


Purpose of the FRCN                                             
                                                                
1.     The FRCN was created under the Financial Reporting Council of Nigeria Act 2011 with the legislative intent to establish a body to be ‘charged with the responsibility for, among other things, developing and publishing accounting and financial reporting standards to be observed in the preparation of financial statement of public entities in Nigeria[1]. The duties of the FRCN are stated under section 8 of the Act[2]. With regards to the powers of the FRCN, it is clear that it has been empowered to among other powers, enforce and approve enforcement of compliance with accounting, auditing, corporate governance and financial reporting standards in Nigeria.[3]Ostensibly for the purpose of exercising this power, a Directorate of Corporate Governance was created under the Act to, among other duties, develop principles and practices of corporate governance.[4]

Jul 9, 2016

Femi Falana - Official corruption and immunity in Nigeria


In order to ensure the smooth running of the government the Constitution has conferred immunity on the heads of the executive. A couple of laws have equally granted immunity to members of the judiciary and the parliament. However, the proposal of the Senate to confer absolute immunity on the heads of all legislative houses in the country and the recent freezing of the bank account of Mr. Ayo Fayose, Governor of Ekiti state by the Economic and Financial Crimes Commission (EFCC) have re-opened the debate on the propriety of retaining the immunity clause in the Constitution.

Jul 8, 2016

Vote Legalnaija for ABA Journal Blawg 100



The ABA Journal is working on their 10th annual list of the 100 best legal blogs, and they’d like your advice on which blogs you think they should include. Did you just say LEGALNAIJA! We cannot agree more. 

Please take a minute to vote Legalnaija by following this link and tell your friends to do same. 

Thanks a million.

Time Has Come To Open Up Our Railway Sector To Private Sector Participation- Senator Gbenga B. Ashafa.






Senator Gbenga B. Ashafa representing Lagos East Senatorial District at the 8th Senate, is the Chairman Senate Committee on Land Transport. Through this feature, he renders his opinion on how to transform the Nigerian Railway Sector and a report on the efforts of the Senate Committee on Land Transport towards ensuring a transformed railway Sector beneficial to all Nigerians. 

Jul 7, 2016

The formation of Group Company, Holding Company and Consortium in Nigeria



By: Teingo Inko-Tariah


Introduction

There are certain business structures that could be created to foster easier operations and management, or to accomplish some other agreed specific purpose. Businesses can be structured in the form of a group, holding or consortium to achieve the aforementioned goals. It is imperative to note here that a single company cannot be structured using any of these methods because there must be a minimum of two companies in existence before any of these structures can be adopted. The procedure for registration of each of these will now be considered in turn.

Jul 4, 2016

What you should know before signing a contract (Part 1)




This is the first post from a series of articles on Contracts; other articles will follow as the weeks progress.

A contract is defined by L.B Curzon’s “A Dictionary of Law” to be a legally binding agreement. In other words, it is an agreement between 2 or more parties which the law/court will honour. For instance, a building contract, an employment contract or a loan agreement and so on. 

Jul 3, 2016

LegalNaija: Blogging clarity into Nigeria's legal jumble by @forakin




Trust but verify
Maybe there is a case for becoming a bit bookish about knowing how to live and work in Nigeria. Possibly making your decisions based on something more concrete than what you heard someone say and that idea has been through so many revisions before it got to you with no semblance to the original thought or import. Rumours should not equate to fact, even if eventually proven true.

If accosted, in a country rife with the abuse of rights and process, would you know your rights enough to fight your corner through the system and expect not to have been persecuted and prosecuted unfairly?

INFOGRAPH - #FundamentalRight


INFOGRAPH - #Crime&Punishment


INFOGRAPH


Jul 1, 2016

Mowunmi Abdulkareem: ICT/IT-Legal Issues




Information and Communication Technology

Information and Communication technology law is the field of law that makes available the legal framework for collecting, storing, and disseminating electronic information in the in both local and international marketplace. A lawyer who specializes in this area of the law represents individuals and businesses from all different sectors. They structure and construct ICT/ IT-related transactions in a way that maximizes the client’s economic benefit and ensure regulatory compliance. Attention is always given to anticipating potential sources of dispute between the parties to a transaction, and crafting agreements that address these fears, and hence reducing the risk of litigation.

Magnus Amudi: Shareholders Resolutions: Matters Requiring Special Resolutions




Under the Companies and Allied Matters Act, Chapter C20, Laws of the Federation of Nigeria, 2004 (CAMA) a resolution may be passed as ordinary or special resolution. An ordinary resolution is one passed by at least 50% of the votes plus one while a special resolution is one passed by at least 75% of the votes. The CAMA provides that a company may, by its articles, provide that any matter not required by the articles or by the CAMA to be passed by a special resolution shall be passed by ordinary resolution. As such, all matters can be passed by ordinary resolutions except the following: