Author: Faruq Abbas
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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…
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UNDERSTANDING THE FULL EXTENT OF AMCON’S POWER TO SEIZE A PROPERTY THROUGH LAWSUITS INVOLVING THE RECOVERY OF DEBTS: A REVIEW OF THE DECISION IN AMCON -V- FUNMILAYO ADEYEMI (Unreported: Suit No. FHC/L/CS/1696/2018, judgement delivered on 15 July 2020)
Abstract: The surest way to preserve a debtor’s property from dissipation is that the property be attached by a Court order against eventual disposal while proceedings are being conducted involving recovery of debt from the proprietors of such property. However, the recovery agency has to do more than just visit the Lands Registry to obtain…
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UNDERSTANDING THE FORFEITURE OF PROPERTIES TO THE FEDERAL GOVERNMENT: A REVIEW OF THE COURT OF APPEAL’S DECISION IN ALISON-MADUEKE -V- E.F.C.C (2024) 1 NWLR (PT. 1918) 101
Introduction In recent years, public notices by the Economic and Financial Crimes Commission (EFCC) announcing the forfeiture of properties to the Federal Government have become increasingly common. It is also not unusual to see an inscription in red ink on the fence of a property announcing that the EFCC has taken over the property by…