SURVEILLANCE ON APPOINTMENT OF AN ARBITRATOR IN NIGERIA (ECOBANK NIG. PLC. v ADMIRAL ENVIRONMENTAL CARE LTD.)

Introduction Section 7 of the Nigeria’s Arbitration and Conciliation Act (“the Act”)[1] recognizes the powers of parties to an arbitration agreement to specify the procedure to be followed in appointing an arbitrator.[2] Where the arbitration agreement does not specify procedures for appointment of arbitrator(s), in a case of an arbitration with three arbitrators, it is …

PLEADING STANDARDS IN NIGERIA; A NIMBLE DISCOURSE

Introduction Topics of this nature should concern a passionate litigator; not because of the eventual submissions of this author, but due to the likelihood this quick read might be a step in the right direction, a well-conceived two-cents, or just another misjudged polemic. Indeed, pleading standards go to the threshold a complaint must meet up …

OFF THE CUFF PERSPECTIVES ON GAMING TAXES; WHEN THE FEDS ARE WATCHING

A peek into the facts April 2019, the Federal Inland Revenue Service (the “Service” or “FIRS”), in conjunction with the National Lottery Regulatory Commission (the “NLRC”), unveiled an automation collection process that would be used to charge Value Added Tax (“VAT”) on lottery and gaming activities; it was a stakeholders’ meeting which held in Lagos …

RETHINKING TRIAL DE NOVO IN NIGERIA: LAW REFORMS

1. INTRODUCTION In reintroducing the concept, “trial de novo”, this author is reminded of the fact that distinguished magnates in the legal profession have forerun his quest by carrying on their backs the wailings of a vast majority of persons over the issue of trial de novo and its impact on affected litigants and mere …

STRIKING DOWN UNCONSTITUTIONAL PROVISIONS OF LAWS; IN WHOM RESIDES THE POWER?

—Patrick Omodia Esq BACKGROUNDThe Bayelsa State Governorship Election Tribunal holden at Abuja in PETITION NO: EPT/BY/GOV/03/2020 delivered its judgment nullifying the Governorship election for non-compliance with the provisions of Section 138 (1) d of the Electoral Act 2010 (as amended) on the 17th day of August, 2017. Neither the ratio decidendi nor the entire majority …

THE NIGERIA-CHINA COMMERCIAL LOAN AGREEMENT — LOOKING BEYOND THE CLAUSES IN ARTICLE 8 (1)

INTRODUCTION On July 28, 2020, there was cause to reflect on the Beijing money once again. The headlines from the papers further troubled the troubled minds of Nigerians battling with societal ills and the pandemic. Headlines like “GALAXY BACKBONE: REPS UNCOVER CLAUSES CONCEDING NIGERIA’S SOVEREIGNTY TO CHINA” left hands of puzzled Nigerians resting on chins; …

REFLECTIONS ON ORDER 6 RULE 4 OF THE COURT OF APPEAL RULES, 2016; MAKING A CASE FOR AN AFFIDAVIT OF NOTIFICATION

1. INTRODUCTION This paper takes an all-round look at the implication of interpreting Order 6 Rule 4 of the Court of Appeal Rules, 2016 (hereafter The Rules) in literal terms. It might interest us to know that if we take a closer look at its construct, there is a strong possibility we conclude that it …

BILE COMMENTARIES

Crying inside because the rapists should not find my hideout Defiled and murdered but eye witnesses scared of the men in uniform Twelve years and defiled by eleven perverts! They spit at the mess. They curse with their mouth To fight with placards and I am another corpse… the silence of leaders, the norm. ................ …

MARITAL RAPE IN NIGERIA — A RIGHT WITHOUT A REMEDY

THE INCIDENCE There is a story. A narrative we may already be familiar with. It is a sad tale involving a married teenager, Salma Hassan “17”. You see, Salma Hassan confessed to killing her beloved husband in their home, Bauchi State. The dagger she used on his chest was recovered by the police. Why did …

A PERSON IN LAW – A PAPER EARMARKED FOR DELIMITING JURISPRUDES’ THEORIES OF LEGAL PERSONALITY

INTRODUCTION From the onset, it is almost a consolation that papers of this nature must succumb to the overriding enigma that this discourse champions. There is the concern that the above topic attracts phrases with unending legal philosophies which must be addressed first hand before dabbling into possibilities of unravelling “the person in law” and …