Navigating the Conundrum of Holding Charges in Nigeria: Reconciling Statutory Provisions with Constitutional Presumption of Innocence
Introduction The concept of a “holding charge”, whereby a defendant is brought before a court to secure a remand order pending investigation or legal advice, presents a profound legal paradox and continues to evoke unease in Nigeria’s criminal justice system. The courts have consistently and categorically denounced the practice, branding it unconstitutional, alien to Nigerian […]
NERC’s Order on the Delineation of Discos’ Assets and Liabilities
Introduction Nigeria’s Power Sector is undergoing a significant transition following the 2023 constitutional amendment and the enactment of the Electricity Act 2023 (the “Act”), which together enable a two-tier regulatory framework; Federal and State-level regulation. Under the newly introduced framework, a State seeking to assume regulatory control over electricity activities within its territory must enact […]
The Law of Defamation in Nigeria: A Shield and A Sword
Introduction The entire gamut of the law of defamation revolves around two forms: libel (written) and slander (oral). Carefully observing how this law operates will lead to the undeniable conclusion that people should mind their own business and avoid commenting on issues. This is not the aim of this law, and in its operation, the […]
Airlines Liability Caps: Exploring Alternative Remedies for Passengers
Introduction. Air passengers and carriers/airlines are constantly involved in the thorny affair of breached rights and obligations and the consequential liabilities that result. Issues arise from missed or delayed flights, refunds, loss of baggage, and personal belongings, among other matters. What is manifest from the foregoing is that passengers are usually left in limbo and […]
Deep Sea Mining (Part 2) – Legal Framework from a Global & Local Perspective
Introduction In Part 1 of our article, we explored the opportunities and challenges associated with Deep Sea Mining (DSM), with a focus on the role of the International Seabed Authority (ISA) and its Mining Code, which serves as the primary framework for regulating mineral-related activities in the international seabed area, also known as “the Area.” […]
ISA 2025: What Investors Need to Know About Nigeria’s New Capital Market Law
INTRODUCTION The Investments and Securities Act 2025 (“ISA 2025” or the “New Act”) was signed into law in March 2025, repealing the Investments and Securities Act of 2007 (“ISA 2007 or the “Old Act”). This new legislation aims to strengthen existing regulations, protect investors, and open up new opportunities. It also codifies many of the […]
Afreximbank’s $3 Billion Power Move: Is Africa Ready to Refine Its Future?
Dear Readers, In a bold play to reclaim control of Africa’s energy destiny, the African Export–Import Bank (Afreximbank) has pledged $3 billion to finance the purchase of locally refined petroleum products across the continent. This was announced earlier this month by the Executive Vice-President, Kanayo Awani, at an energy conference in Cape Town, South Africa. […]
How the ISA 2025 Reshapes the Nigerian Virtual Asset Market
Introduction In early 2025, Nigeria’s rapidly growing cryptocurrency sector reached a major turning point. After years of regulatory confusion and a well-known banking ban on crypto transactions, a new law changed everything. President Bola Ahmed Tinubu signed the Investments and Securities Act 2025 (ISA 2025) into law, officially recognizing digital assets and cryptocurrencies as securities. […]
Deep Sea Mining (Part 1): Challenges, Opportunities and Legal Frameworks
Introduction Deep Sea Mining “DSM” refers to the extraction of valuable mineral resources from the seabed in areas beyond the reach of traditional mining operations. These resources include polymetallic nodules, cobalt-rich crusts, and massive sulfides containing critical minerals such as cobalt, nickel, and rare earth elements. The increasing demand for these minerals, driven by the […]
Unveiling Nigeria’s Carbon Market: Policies, Progress, and Prospects
INTRODUCTION World leaders gathered in Paris during the 2015 UN Climate Change Conference (COP21) to endorse the Paris Agreement; an International Energy Treaty grounded in the 1992 United Nations Framework Convention on Climate Change (UNFCCC). Within this pact, they committed to curbing the global rise in temperature to under 2 degrees Celsius above pre-industrial levels, […]
