Corporate
Governance is not just about how a company is directed and controlled to
maximize performance and ensure accountability to stakeholders. Better
governance practices and processes have become imperatives for both national
and global economies. A company that is run very efficiently and responsibly
will perform very well and ultimately contribute to strengthening the economy.
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Jul 31, 2017
Legal Insight Into Mastercard’s $18 Billion Lawsuit Blocked By The UK’s Competition Appeal Tribunal
By Legalnaija 8:48 AM
Background
In 2014, the European Court of Justice
finally decided that Mastercard’s ‘interchange fees’ for cross-border[1] transactions
were too high and therefore flouts competition law practices which primarily
are in place to protect consumers. Subsequent to that ruling, Sainsbury (a UK
retail company) brought an action against Mastercard in the UK, before the
Competition Appeal Tribunal, and won, the damages Mastercard was asked to pay
to Sainsbury was enormous[2].
Jul 29, 2017
Get finance for your Social Enterprise via The Funding Space
By Legalnaija 2:39 AM
Non-profit Organizations (NPOs) and social enterprises
in Nigeria play a critical role in bridging the gaps in service delivery in the
country, promoting good governance, human rights and social justice. Increasingly,
they are also at the forefront of innovations that improve the quality of education
and healthcare.
Jul 27, 2017
Why Federal Govt needs a loan Finance for Railway/ Senator Ashafa
By Legalnaija 2:11 PM
The Senator representing Lagos East Senatorial District in the National Assembly, Senator Gbenga Ashafa on Thursday 27th of July, 2017 once again defended the Federal Government’s loan request from China Exim Bank during the consideration of the report from the Senate Committee on Local and Foreign Debts.
Jul 26, 2017
Sexual Harassment in the Work Place | Busayo Adedeji
Sexual harassment is bullying or coercion of a sexual nature, or the unwelcome or
inappropriate promise of rewards in exchange for sexual favours. In
most modern legal contexts, sexual harassment is illegal.[1]
Although the concept of sexual harassment in the work place is not alien to
Nigeria, there is a dearth of reported cases on the subject. Reasons that might
be attributed to this include:
Jul 21, 2017
International' Commercial Arbitration Moot Competition by LCA-YAN
"The Lagos Court of Arbitration Young
Arbitators Network is organising the first 'International' Commercial
Arbitration Moot Competition in Nigeria. The LCA-YAN Moot will provide a unique
opportunity for young and aspiring practitioners to gain exposure to various
aspects of international commercial arbitration including interlocutory matters
such as the conduct of emergency arbitration and joinder of parties.
Participants will
also have the opportunity to explore the
principle of piercing the veil in international commerce and other cutting edge
issues in international commercial arbitration.
Jul 19, 2017
Provisions of the Whistle Blower Protection Bill | Adedunmade Onibokun
The Whistle Blower Protection Bill, 2017, on
19th July, 2017, was passed by the Nigerian Senate. The Bill seeks
to encourage and facilitate the disclosures of improper conduct by public
officers and public bodies and to ensure that persons who make disclosures and
persons who may suffer reprisals in relation to such disclosures are protected
under the law.
Jul 17, 2017
Can A Director Be Sued Personally for an Alleged libelous letter written by Him? |Rosemond Phil-Othihiwa
It is worthy of note that upon
incorporation a company assumes a separate legal entity different from the
promoters, shareholders, directors, secretaries, auditors and other members of
the company. Section 37 CAMA. This provision enacts the
fundamental principle of corporate personality. This concept was laid down
under the common law in the celebrated case of Salomon Vs Salomon and
Co Ltd(1897) AC 22 where the House of Lords per Lord McNaughten
stated the position as follows;
Jul 14, 2017
Emotional Wellbeing Of An Accused Person |Tunrayo Mutairu
I watched an episode of a
legal series on TV called “the good wife”. On this particular episode, an
accused person is charged with the offence of murder and was looking at a life
imprisonment sentence. He had the option of taking a plea deal of 8 years but
refused because he affirmed he was innocent and was willing to take his chances
with the jury. While the matter was ongoing in court, counsel on the
prosecution and defense side were conferring with the judge on whether a
witness should be allowed to testify in the matter. In the usual rapport of
lawyers and judges, they argued and eventually turned this into a joke and were
seen laughing heartily while the accused person looked on, confused as to what
could be really funny while his life hangs in the balance.
Resolving Artist-Record Label Disputes: Why Arbitration Is Quite Desirable | Adejorin D. Abiona
The entertainment
industry encompasses diverse relationships. With the adoption of ever-changing
developing technology, novel problems are emerging which require creative
solutions. For example, the abundance of contractual relationships creates the
likelihood of disputes. This article will look into the contracts between
record labels and artists with a focus on the peculiarities in the relationship
with creatives that has made arbitration desirable for dispute resolution.
Jul 7, 2017
Jul 6, 2017
TRAINING - Finance Skills For Lawyers via @oaco_accounting
By Legalnaija 5:09 AM
Lawyers play a very important role in the
financial world, but often have little or no knowledge in finance. This
training aims to fulfill this knowledge gap by providing people with legal
background with adequate knowledge to further understand the financial decision
making of their clients and foster an effective communication with integrated
team of lawyers, accountants and investment advisers.
How to prove that the termination of your employment was wrongful |Michael Dugeri
When is termination/dismissal said to be wrongful?
You may sue and demand to enforce your rights if your employment
contract is wrongfully terminated. Wrongful termination is when any of the
following occurs:
i. Your former
employer did not follow the terms of the contract in terminating it or
dismissing you. For instance, if the contract specified that either party can
only terminate by giving the other 30 days’ notice or one month’s salary in
lieu of notice, it would be wrongful to terminate the contract forthwith and
not pay you anything in lieu. Also, if your employment contract provides for a
disciplinary procedure to be followed before you can be dismissed (say for
gross misconduct) and the procedure was not followed or your act/omission was
wrongly categorized, your dismissal would be wrongful.
Jul 4, 2017
The Supreme Jurisdiction Of The National Industrial Court Of Nigeria | Vincent Oniga
By Legalnaija 11:29 AM
The constitutional right
of appeal and the well-entrenched principle of fair hearing are the foundation
of modern legal systems across the globe. The principles as guaranteed under
The Constitution of the Federal Republic of Nigeria (1999) as amended (“The
Constitution”) ensure that in the conduct of judicial proceedings to determine
the civil rights and/or obligations of the parties brought before any Court,
the twin pillars of natural justice shall be adhered to and applied by the
courts.