The Legal Propriety of Public Officers Owning Shares in Private Businesses or Corporations
The anti-corruption drive of the President Bola Ahmed Tinubu administration has received its first stress test arising from the crisis in the Ministry of Humanitarian Affairs, Disaster Management and Social Development (‘MHADMSC’). The Special Adviser to the President on Media and Publicity, Ajuri Ngelale, recently announced that arising from allegations concerning the alleged misappropriation of N585,000,000 […]
Is the Requirement of a “Cooling-Off” Period in Arbitration a Procedural Matter or a Strict Jurisdictional Issue?
Given the global economic realities, resolution of disputes has become a necessary aspect of commercial negotiations by parties. The outcome of these negotiations would usually culminate in the parties agreeing on the modalities for resolution of their disputes which will inform the fine print of the relevant dispute resolution provisions in their agreement. However, within […]
An Examination of Triple Identity Test in Resolving Fork-In-The-Road Clause Objections
Most often, investors engage in investments activities by establishing or investing in a local company in the host State(s) to enable them participate in large scale projects and take advantage of some economic opportunities in those State(s). By virtue of these investments, there exists a business relationship between an investor and the host State, which […]
Imperatives for Receipt of the Norwich Pharmacal Order into the Nigerian Legal System
Most times a Claimant knows his right(s) has been infringed upon or a wrong has happened against him but cannot claim damages against the wrongdoer due to lack of evidence to prove the wrongdoing or lack of knowledge of the identity of the wrongdoer. In a bid to access this information, the Claimant in most […]
Pre-Arbitration Emergency Measures Under the Arbitration and Mediation Bill 2022.
The passage of the Arbitration and Mediation Bill 2022 (“the Bill”) introduces innovative fallback provisions in the legal framework for alternative dispute resolution in Nigeria. Under the Bill, provisions have been made for appointment of emergency arbitrators and applications for grant of interim measures pending arbitration. Section 16 of the Bill provides that a party […]
Regulation of Building Projects in Nigeria – Inadequate or Unenforced? A Case Study of Lagos State
The recent collapse of a 21-story building on Gerard Road, Ikoyi area of Lagos State and the consequent loss of precious lives in that debacle has once again brought to fore the persisting unresolved issues plaguing the built environment sector in Nigeria and the inadequacy of existing measures put in place to safeguard the life […]
Operation Amotekun – Is it Valid Under Nigerian Constitution?
The Western Nigeria Security Network code named Operation Amotekun has been described as a regional “security formation” or “outfit” set up to complement the efforts of the police in the area of combating kidnapping, armed robbery as well as herdsmen and farmers contentions in the Western region. Till date, no law establishes and/or define the […]
Ruga Policy and the Limits of the Powers and/or Authorities of the Executive Governors of States and Federal Government of Nigeria Over Lands Under the Land Use Act
The advent of the new millennium has seen an escalation of the crisis between cattle herders (pastoralists) and farmers in Nigeria. The worst of this conflict has been in the North Central states, particularly Benue, Plateau and Nasarawa. In recent times, there has been a peaking of the crisis, as the conflict has begun to […]
Nigeria Avoids Payment of Us$11 billion Dollar Arbitral Award Debt to P&ID: Is the Legal Battle Really Over?
INTRODUCTION In January 2010, the Nigerian Government entered into a Gas Supply and Processing Agreement (GSPA) with a company known as Process & Industrial Developments Limited (P&ID). Three years after, P&ID declared breach and commenced arbitration proceedings. In two awards issued 17th July 2015 and 31st January 2017, the arbitral tribunal – composed of Lord […]
Exploring Surrogacy in Nigeria: A Compassionate Journey to Parenthood
INTRODUCTION In April 2023, the World Health Organization (WHO) reported that infertility has become a global health issue affecting millions of people of reproductive age. The WHO estimates that 1 in 6 people will experience infertility in their lifetime, indicating the urgent need to increase access to affordable, high-quality fertility care. The family being the […]