Newsletters

HOUSE COMMITTEE HOLDS PUBLIC HEARING ON NON-OIL & GAS AND OIL & GAS BILLS ON NIGERIAN CONTENT DEVELOPMENT & MONITORING.

On Thursday, the 18th of April, 2024, the House of Representatives Committee on Nigerian Content Development & Monitoring under the Chairmanship of Hon. Boma Goodhead as part of its inclusive approach to law-making processes organized a public hearing for deliberations on bills relating to the Non-Oil & Gas and Oil & Gas sectors in Nigeria.

THE FEDERAL GOVERNMENT OF NIGERIA LAUNCHES THE EXPATRIATE EMPLOYMENT LEVY(EEL)

The Federal Government of Nigeria in a bid to close the existing wage gaps between expatriates and the Nigerian Labour force introduced the Expatriate Employment Levy (“EEL”) on the 27th of February 2024 through the Ministry of Interior.

HOST COMMUNITY DEVELOPMENT TRUST FRAMEWORK PURSUANT TO THE PETROLEUM INDUSTRY ACT

The Petroleum Industry Act, 2021 occasioned the restructuring of the petroleum industry into two main sectors: Upstream sector and Midstream and Downstream sector, by establishing two principal regulatory bodies: Nigerian Upstream Petroleum Regulation Commission (The Commission) and the Nigerian Midstream and Downstream Regulatory Authority (The Authority) to regulate the technical, commercial and operational activities within the sectors.

BEYOND THE HEADLINES OF A BILLION-DOLLAR LAWSUIT; AN IN-DEPTH ANALYSIS OF THE JUDGMENT IN NIGERIA V P&ID WITH REFERENCES TO THE ARBITRATION ACT 1996,

In the intricate tapestry of dispute resolution, arbitration is manifest as a nimble arbiter, carefully navigates disputes within an alternative jurisprudential realm.

AN OVERVIEW OF THE LEGAL PRACTITIONERS (REMUNERATION FOR BUSINESS, LEGAL SERVICES AND REPRESENTATION) ORDER, 2023.

The issue of reasonable remuneration for legal services has been one of consistent controversy and debate. It is of significant concern as legal practitioners invest substantial time, effort, and skill into rendering services which are not adequately remunerated.

JUSTIFICATION OF THE RIGHT TO DIE UNDER THE NIGERIAN JURISPRUDENCE

The existence of a right to die via euthanasia, also known as mercy killing and assisted suicide, is a question that crosses geographical boundaries and legal systems. Globally, prevalent jurisprudences prohibit and criminalizes assisted suicide and euthanasia. However, due to improvements in medical technology that have significantly increased our capacity to sustain and lengthen human life well beyond what was previously attained, along with a corresponding expansion of human rights law, many nations, including Belgium, the Netherlands, etc., have legalized euthanasia and assisted suicide. As a matter of fact, Switzerland was the first Country in the world to legalize assisted suicide in 1941. The right to life is unquestionably recognized on universally. The core issue in the ongoing discussion over euthanasia is whether or not there is a countervailing argument.

ASSESSMENT OF THE ROLE OF THE FCCPC IN THE REGULATION OF SALES OF GOODS IN NIGERIA

Diverse countries have implemented competition laws and created pro-competitive policies to fulfill the varied requirements of society, as the effect of an anti-competitive regime has far-reaching consequences on society. This article gives an insight on the role of the Federal Competition and Consumer Protection Commission (FCCPC) in the regulation of sale of goods in Nigeria. The focal point is to examine the Commission's mandate, which includes fostering fair competition, protecting consumers' rights and enforcing compliance with relevant laws and regulations while also noting the challenges the FCCPC is faced with in carrying out its mission. Special considerations will be had to competition laws in Nigeria as well as competition laws in other jurisdiction.

DATA PROTECTION AND THE BANKING SECTOR

Data protection is a critical issue in the banking sector, where sensitive customer information is routinely and vastly collected, stored and processed. Banks must take comprehensive approach to safeguarding this data, including implementing technical measures, complying with data protection regulations, training employees, establishing incident response plans, and carefully vetting third-party providers. Failure to protect customer data can result in reputational damage, financial loss, and legal liabilities in the event of data breach or cyber-attack.

AN AWARD CREDITOR MUST TARRY TILL THE PROCEEDINGS TO SET ASIDE AN AWARD EXTINGUISHES.

The Federal Capital Territory High Court sitting in Wuse Zone 2, Abuja Coram: Nwosu-Iheme J. handed down a landmark decision giving appropriate procedural directions on the steps to be taken in the process of facilitating the recognition and enforcement of an Arbitral Award in Suit No. FCT/HC/CV/620/2022 between Dr. Marianne J. Ngoulla v. The Economic Community of West African States (ECOWAS) on the 28th day of March, 2023.

COURT RULES - THE EFCC LACKS POWERS TO INVESTIGATE, ASSESS, LEVY AND OR ENFORCE TAX AND TAX RELATED MATTERS ON BEHALF OF THE FEDERAL REPUBLIC OF NI

We are pleased to have represented Vertex Agro Ltd; a major Manufacturer and supplier of Agro-Allied products in Nigeria, before the Federal High Court, Abuja to a Landmark Victory against the Economic and Financial Crimes Commission (EFCC).

CHIEF MACDONALD IGBADIWEI & ANOR vs INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

We are delighted to have represented Hon. Selekaye Victor Ben; winner of the House of Assembly Election in Southern Ijaw Constituency IV, Bayelsa State before the National and State House of Assembly Election Petition Tribunal in Bayelsa State, and also at the Court of Appeal, Port-Harcourt Division successfully.

The Role of the Nigerian Police Force in Election Security Management within context of the Electoral Act, 2022.

Elections as a tenet of democracy is the right and power of a people to decide who wields the helms of authority in running the affairs of a nation at various levels of government by electing candidates into political offices across the country. It is the way by which the choice of the majority in a State is determined and decided.

OVERVIEW OF THE NIGERIAN STARTUP ACT

In the last few years, Nigeria has experienced a rapid shift in technological growth and advancement impacting the country’s economy positively through unprecedented investment in the sector. According to the Nigerian Startup Ecosystem Report 2022, it was reported that Nigeria is Africa’s most popular investment destination, the report also revealed that between 2015 and 2022, 383 Nigerian tech Startups raised a total of $2Billion, higher than any other country.

LOCUS STANDI UNDER SECTION 29 OF THE ELECTORAL ACT, 2022 ON ALLEGATION OF FALSE INFORMATION.

Under the old dispensation of the Electoral Act, 2011, there was universal locus standi to any person who has reasonable grounds to believe that the information supplied by a candidate in his FORM CF001 are false or has submitted forged documents of a fundamental nature that impairs his constitutional qualification, and can approach the Federal High Court, High Court of a State or High Court of the Federal Capital Territory to seek an order of disqualification.

THE IMPLICATION OF LIMITATION OF CASH WITDRAWALS/DEPOSITS: PROS & CONS.

On the 6th day of December, 2022 the Central Bank of Nigeria (CBN) issued a circular directing Deposit Money Banks, Payment Service of Bank (PSB) and other financial Institutions limiting cash withdrawal by customers from their accounts. Our corporate commercial practice group recently reviewed the legal framework of this regulation from a pros and cons perspective.

SUIT NO: FHC/LF/CS/20/2022 AWAJE DANLAMI v. PEOPLES DEMOCRATIC PARTY & 4 OTHERS

We are pleased to have represented Honourable Bulus Babawi Ishaku (Our Client); the Nominated Candidate of the People’s Democratic Party in Keffi, Karu and Kokana Federal Constituency of Nasarawa State in the Forthcoming General Election in 2023, in a contentious Pre-Election litigation before the Federal High Court, Lafia Division in Nasarawa State, Nigeria.

FRAUDULENT MISREPRESENTATION

We are pleased to have represented Vertex Agro Limited; one of the major Agro Allied Company in northern Nigeria in a contentious commercial litigation involving a Turn-key Project on an EPC basis for the supply and installation of 500KVA, 750KVA and subsequently a 1000KVA transformer respectively, before the Niger State High court, Suleja Judicial Division.

NON - JUSTICIABILITY OF ACTIONS FILED UNDER SECTION 29(5) OF THE ELECTORAL ACT, 2022 BEFORE THE PUBL

We are pleased to have represented Alhaji Liman Isah Kantigi; the gubernatorial candidate of the Peoples’ Democratic Party (PDP) in Niger State in the Forthcoming 2023 General Election, in a contentious Pre-Election litigation which was a fall out from the Primary Election Conducted by the Party on the 26th day of April, 2022.

Contractual Tenancy premised on Consideration otherthan rent.

We are pleased to have represented a High Net individual; Dr. Ebikabowei Victor Ben in a Complex real estate litigation involving a contractual tenancy with the Bayelsa State Government in respect of a prime property situate in a high brow area of Abuja, before the Federal Capital Territory, High Court, Maitama, Abuja Coram Oriji.J.

RAMON TRILLO v ECOWAS - RULING

We are pleased to have represented the Economic Community of West African States (ECOWAS Commission) in a Contentious Litigation before the Federal Capital Territory High Court, Sitting in Abuja Nigeria Coram: Kutigi .J in suit No: FCT/CV/ 475/2018 in matter instituted by Spanish Attorney; Ramon Trillo Maquina claiming professional fees from his representation of the Commission in an LCIA Arbitration in London.

Linacres vs Access Bank

This is a Banker-Customer dispute that commenced before the Federal Capital Territory High Court Coram: U.P Kekemeke.J wherein the claimant challenged the Post-No-Debit (PND) and/or Freezing Order placed on its account domiciled with the Bank without an Order of court. pleadings were filed and exchanged and the matter proceeded to trial.

UBA vs Vertex Agro

This is banker-customer dispute, wherein the Respondent as plaintiff at the trial court took out a Writ of Summons before the Niger State High Court, Coram; Honourable Justice Mariyam Ismaila J. complaining of the negligent conduct of the bank in the handling of his account in an online transaction, which amounted to a breach of it’s duty of care and fiduciary duty.

THE CONTRIBUTORY PENSION SCHEME: WHAT YOU NEED TO KNOW.

The contributory pension scheme (CPS) is an arrangement whereby employees and employers are mandated to collectively contribute a percentage of an employee’s emolument from where the employee will be paid retirement benefits. The Scheme (CPS) was established by Section 3 of the Pension Reform Act, 2014 and is regulated by the National Pension Commission. The scheme guarantees protection of the pension assets as same survives the deceased, cannot be seized, sold or be granted as loan neither can same be used to satisfy a judgement debt.

The Effect of Unauthorised Debit

On duty of financial institution to reverse unauthorised debit on customer's account within seventy two hours of customers written notification.

Pro Bono: Mrs. Binta Audu

We are pleased to have received Mrs. Binta Audu; an indigent client our firm was privileged to represent Pro Bono in a criminal trial before the Federal Capital Territory High Court, Abuja on the charge of conspiracy to commit fraud, dishonest conduct and cheating with respect to a POS transaction that went bad, in our Abuja office on Friday the 24th day of June, 2022 on a thank you visit.

APPLICABILITY OF INTERPRETATION ACT IN CONSTRUING LIMITATION PERIOD IN PRE-ELECTION MATTERS

Indeed Mr. Anuga for the 1st respondent and Mr. Numa for the 2nd respondent are the correct state of affairs in matters such as the one at hand and in the light of the prevailing circumstances well settled

PRO- BONO SERVICE - FOR THE GOOD.

CHARGE NUMBER: CR/109/2021- INSPECTOR GENERAL OF POLICE v. BINTA AUDU. We are pleased to have represented Binta Audu (an indigent Client) on a four-count charge bothering on conspiracy, obtaining by pretence, cheating and fraud relating to a Point Of Sale (POS) transaction before the High Court of the Federal Capital Territory, Abuja Nigeria Coram Judice; S. M. Idris of Court 28, in Charge No.CR/109/2021.

PRE-ELECTION LITIGATION: THE CHANGING JURISPRUDENCE OF SECTION 31(5) & (6) OF THE ELECTORAL ACT, 201

On the 7th day of May, 20222, the Court of Appeal, Asaba Division dismissed the appeal in Appeal No: CA/AW/100/2022 instituted by one Francis Adinor challenging the qualification of Valentine Ozigbo and his running mate Mrs Lilian Azuka Enemo in the just concluded Anambra State Governorship election held on the 6th of November, 2021 from contesting on the grounds that they gave false information owing to the slight variant in their names.

VERTEX AGRO LTD V. IDRIS MARIGA NSHV/SD/46/2019

We are pleased to have represented Vertex Agro Limited in a N112,500,000.00 (One Hundred and Twelve Million, Five Hundred Thousand Naira) Only litigation before the Niger State High Court Coram; Ahmad Danladi J in Suit No: NSHC/SD/46/2019 against an obstinate debtor.

SAKAMORI CONSTRUCTION (NIG) LTD V. LAGOS STATE WATER CORPORATION

The Appellant instituted Suit LD/1146/2009 at the High Court of Lagos State in 2009 claiming in the main, the sum of N462,068,741.92

Product Liability

The Niger State High Court, Sitting in Suleja Judicial Division, Nigeria on Wednesday the 30th day of March, 2022 gave a landmark decision in NSHC/SD/38/2020 wherein the Court found in favour of the Plaintiff; Vertex Agro Limited against the Defendnt;

THE REFORMS/SALIENT FEATURES INTRODUCED BY THE ELECTORAL ACT 2022

The Electoral Act of 2022 is indeed commendable and a welcomed development in the Nigerian sphere; it has brought in several innovations and refinement that are aimed at deepening democaracy in Nigeria.