Publications

Nigerian courts had in the past held that motive which impels the termination of an employment is immaterial. For example in LCRI v Mohammed,[2] it was held as follows:

An employer need not show any motive or give any reason for terminating the employment of his employee. Motive does not vitiate the validity of the exercise of a right of an employer.

The decision of the National Industrial Court of Nigeria in Rubber Research Institute of Nigeria v SSAITHRIAL has now changed that position, in which the court held thus:

Nigeria being a predominantly import based economy, is a key player in the international trade market, with an average of USD$52.3Billion in imports yearly. Accordingly, it is important that Nigeria operates within a robust importation regime.

The Nigerian Customs Service (NCS) is vested by law, with the powers to collect and manage the applicable duties, taxes and levies imposed on goods and items imported into the country, as well as protect the integrity of the country’s territorial borders from smuggling activities.

The Paris Agreement under the United Nations Framework Convention on Climate Change heralds a renewed global co-operation towards dealing with the issues presented by the changing climate. A crucial area identified by the Paris Agreement is the support / finance required by countries to build clean and resilient futures. This financing gap may be partly addressed by green bonds which serve as a means of directing private finance to fund climate friendly purposes.

The Nigerian Electricity Regulatory Commission (“NERC”) recently announced the lifting of its Suspension of the Regulation for the Procurement of Generation Capacity, 2014, which basically prohibited the Bulk Trader, the Nigerian Bulk Electricity Trading Plc (“NBET”) from procuring electricity in any other manner except through a competitive tender process. The suspension of the application of the Regulation was effective from June 2015.

Since our last publication  when we reviewed Part Two and Three of the Petroleum Industry Governance and Institutional Framework Bill 2015, there have been new developments in this area. First, the Bill (now tagged the Petroleum Industry Governance Bill 2016 “PIGB”) passed first reading after deliberations by the Senate. This new Bill largely retains the content of the version we have been reviewing, with a few amendments.

Since oil was discovered in Nigeria in the mid-1950s, coupled with the oil boom experience in the 1970s, oil income has played a significant role in the government’s revenue, particularly contributing over 9% to the nations GDP in the year 2015. However, due to dwindling oil prices in recent times, the Nigerian government is championing a drive to diversify the economy, with a view to ensuring it becomes less dependent on oil income.

Recently, a number of newspapers contained advertorials by electricity distribution companies (“Discos”) titled “Notice of Disconnection of Electricity Supply” where the general public and customers were advised that the companies were about to embark on a disconnection process of long-standing debtor customers who have refused to pay for their electricity consumption over the last two years, from their networks. A couple of the Discos further stated that the Notice serves as a notice in compliance with NERC’s Connection and Disconnection Procedures.

It is widely recognized that climate change presents one of the greatest challenges of the world, today. Its deleterious effect spreads its tentacles over developed and developing countries, in particular, making their population and means of livelihood vulnerable. In the midst of this vulnerability, an opportunity resides for African economies to grow in a manner that is climate resilient, ensures poverty reduction whilst meeting its energy deficiency.

As the quest for development by emerging markets like Nigeria deepens, the importance of infrastructure in various sectors of the economy cannot be over emphasised.  However, a major deterrent for infrastructural growth is the shortage of funds for the successful execution of same. For example, in Nigeria, it is reported that an estimated sum of US$2.9 trillion is required to meet its infrastructural deficit by 2043.

The primary legislation governing the Nigerian mining industry is the Minerals and Mining Act, 2007, (the “Act”). The Act vests power to administer the mining industry in the Ministry of Mines and Steel Development (the “Ministry”).

The Act requires the Ministry to carry out its functions through its various departments and agencies. Accordingly, the Ministry, through the, Mining Cadastre Office (“MCO”), is saddled with the responsibility of considering applications for issuing, suspending and upon the written approval of the Minister, revoking a mining title.

An offshoot of the 16th July, 2012 Petroleum Industry Bill (the “PIB”), the Petroleum Industry Governance and Institutional Framework Bill 2015 (“PIGIFB” or the “Bill”) has been birthed in recognition of the various proposals and suggestions from stakeholders for the splitting of the PIB into manageable segments. This review seeks to analyze the provisions of this Bill in light of stakeholder agitations and criticisms of its precursor and industry best practice for similar legislations.

OBJECTIVES

The Lagos State Government had on the 5th day of February, 2016, inaugurated the Special Offences (Mobile) Court to summarily deal with growing cases of traffic and environmental abuses in Lagos State. It is indeed a welcome development considering the various and recurrent cases of unmitigated infraction of environmental laws and traffic regulations in Lagos State. Traffic and environmental law offenders are liable to the option of fine, imprisonment or both fine and imprisonment upon trial and conviction.

A company, being an artificial person, acts through its directors who are persons duly appointed by it and saddled with the responsibility of the company’s day to day management. Hence, the need to ensure an effective appointment cannot be overemphasized. This article seeks to examine when a director is duly appointed and the consequences of not rendering the necessary filings, following an appointment, at the Corporate Affairs Commission (“CAC”).

APPOINTMENT OF DIRECTORS UNDER THE COMPANIES AND ALLIED MATTERS ACT (CAMA)