Author: Faruq Abbas
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Understanding How to Claim Special Damages in a Breach of Contract Case: A Review of the Supreme Court’s Decision in Ajigbotosho v. Renolds Const. Co. Ltd (2019) 3 NWLR (Pt. 1659) 287
Introduction In a breach of contract claim, damages fall into two broad categories: general and special. While general damages are presumed to flow naturally from the breach, special damages are exceptional; they are losses that do not necessarily arise as a matter of course from the act complained of. In UBA Plc v. Ogundokun (2009)…
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Can a Law Enforcement Agency Charge a Defendant with Stealing and Retention of Proceeds of Crime Based on an Investment Gone Wrong? A Review of the High Court of Lagos State’s Ruling delivered by Honourable Justice Rahman Oshodi in F.R.N -v- James Adebayo Ojo (Charge No.:ID/23183C/2023) on 10 October 2025
Introduction Nigerian creditors often resort to various means to recover their debts from debtors and their business partners. While some of these recovery methods are permitted under the law, one improper and unlawful way some creditors attempt to recover money owed is by inviting law enforcement agents to arrest their debtors for either stealing or…
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Remedies Available to Aggrieved Minority Shareholders in a Company: A Review of the Supreme Court’s Decision in Mainstreet Bank Registrars Ltd and ors v. Temitope O. Oshinuga (2024) LPELR-62980 (SC)
Introduction A fundamental principle of company law is that a company is a separate legal entity distinct from its shareholders and directors. This distinction raises an important question: who has the right to sue when a wrong is committed against the shareholders or the company? Section 341 of the Companies and Allied Matters Act 2020…
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What to Expect When the Police or Any Other Law Enforcement Agency in Nigeria Invites You for Questioning?
Introduction: The power of the police to investigate criminal activities is covered under section 31 of the Police Act, 2020, which provides as follows: “Where an alleged offence is reported to the Police, or a person is brought to the police station on the allegation of committing an offence, the Police shall investigate the allegation…
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Do You Require a Planning Permit to Embark on the Renovation of a Property in Lagos State?
Introduction: Many property owners or developers in Lagos State are unaware of the crucial legal difference between repair work and renovation work on a property. This common misunderstanding has unfortunately resulted in some property owners incurring substantial penalties from the Lagos State Government for commencing renovation works without the required permit. In this article, we…
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THREE REGULATORY RISKS TO BE AWARE OF UNDER THE COMPANIES AND ALLIED MATTERS ACT (CAMA) 2020
Introduction: In Nigeria, registering a company with the Corporate Affairs Commission (“CAC”) is only the first step towards building a compliant business. With the CAC rigorously enforcing the provisions of the Companies and Allied Matters Act (CAMA) 2020 and the Corporate Affairs Commission Regulations 2021, companies must prioritise statutory reporting and disclosure obligations to avoid…
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Does an Arbitration Clause Apply When Liability is Admitted? A Review of the Supreme Court’s Decision in Sembcorp Eng. Pte Ltd -v- IPCO (WA) Holdings Ltd & Anor (2024) LPELR-62984 (SC)
Introduction The general rule is that where an agreement contains an arbitration clause, the courts shall respect the sanctity of the arbitration clause by staying the court proceedings and referring the parties to resolve their dispute by arbitration. However, the courts will only refer a matter to arbitration in line with the agreement of the…
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UNDERSTANDING THE CONCEPT OF DURESS IN CONTRACTS: AN ANALYSIS OF THE SUPREME COURT’S DECISION IN SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD & 6 ORS V E.N. NWAWKA (2003) 6 NWLR (Pt. 815) 184
INTRODUCTION The definition of the word “duress” was brilliantly defined by Ekpe JCA in Calabar Central Co-operative Thrift & Credit Society & 2 Ors v Bassey Ebong Ekpo (2001) 17 NWLR (Pt. 743) 649 at 675 as follows: “The word duress is defined as any unlawful threat or coercion used by a person to induce…
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Can a Statutory Employment be Terminated for a Reason Not Stated in the Termination Letter? A Review of the Decision in Mr Obidah Ibrahim Dakat v. FRSC & 2 Ors (Unreported, Suit No. NICN/JOS/38/2023, judgment delivered by the National Industrial Court on 20 August 2025)
INTRODUCTION The special and unique nature of employment law often appears to be a challenge to both employers and employees, and it is more pronounced in cases of public service, as it is governed under a distinct pattern and expectation. The recent judgment in Obidah Ibrahim Dakat v. The Federal Road Safety Commission & Ors…
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THE BINDING NATURE OF ARBITRATION AGREEMENTS IN CONTRACTS: AN OVERVIEW OF STABILINI VISINONI LTD. V. MALLINSON & PARTNERS LTD. (2014) 12 NWLR (PT. 1420) 134
INTRODUCTION: Arbitration is a form of alternative dispute resolution (ADR) in which parties in a dispute agree to have their cases heard and decided by a neutral third party, known as an arbitrator, rather than going to court. This process is consensual, private, and typically less formal than litigation. The arbitrator’s decision, known as an…