Category: Commercial Law
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The CAMA Rule Most Nigerian Companies Break on Their Letterheads, and How to Fix It Before 1 August 2026
The Corporate Affairs Commission (CAC) has announced its intention to fully enforce the provisions of the Companies and Allied Matters Act (CAMA) 2020 relating to information that must appear on company business documents. In a public notice issued on 7 July 2026, the Commission drew attention to sections 304 and 729 of CAMA, warning that…
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Can an Employer Suspend an Employee Indefinitely Without Pay? A Review of the National Industrial Court of Nigeria’s Decision in Mr James Dada v. Dee-Pee Global Packaging Limited (Unreported Suit No. NICN/IB/31/2022) Judgment Delivered by Hon. Justice J.D. Peters on 13 January 2025
Introduction: A recurring issue in many employment relationships in Nigeria is whether an employer can suspend an employee indefinitely without pay. While the Nigerian Courts have, on many occasions, held that an employer lacks the implied contractual right to suspend its employees indefinitely without pay on disciplinary grounds, the issue of suspension without pay continues…
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Can a Non-Executive Director Become an Independent Director on the Same Board in Nigeria? What the Nigerian Code of Corporate Governance 2018 Says
Introduction Companies in Nigeria frequently consider reclassifying an existing Non-Executive Director (NED) as an Independent Non-Executive Director (INED) on the same board. The reasons are often practical: achieving quick compliance with board independence requirements, leveraging the director’s existing knowledge of the company’s business, saving recruitment time and costs, and avoiding the lengthy onboarding process for…
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Can a Bank Place a Restriction on a Customer’s Bank Account Based on a Law Enforcement Agency’s Directive and without Securing a Court Order? A Review of the Court of Appeal’s Decision in FBN Plc & Anor v DKN Investment Ltd. & Anor (2025) LPELR-80878(CA)
Introduction: It has become a notorious practice among banks in Nigeria to place Post-No-Debit (PND) orders on their customers’ accounts upon receiving directives from law enforcement agencies, such as the Nigeria Police Force, the Economic and Financial Crimes Commission (EFCC), or the Independent Corrupt Practices and Other Related Offences Commission (ICPC). These directives are often…
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Understanding the Mortgagee’s Power to Sell a Mortgaged Property: Key Lessons from Akindele v. Abe (2021) 17 NWLR (Pt. 1804) 1
Introduction One of the common areas of dispute in commercial transactions is the right of a Mortgagee to exercise its power of sale of a mortgaged property following the Mortgagor’s failure to repay a loan. In the case of Akindele v. Abe (2021) 17 NWLR (Pt. 1804) 1, the Supreme Court squarely addressed this issue.…
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Can an Employee be Punished Twice for the Same Misconduct? A Review of Skye Bank Plc v. Adegun (2024) 15 NWLR (Pt. 1960) 1
Introduction An employment relationship may be terminated at any time by either party in accordance with the contract of employment, subject to applicable notice requirements. However, when an employer dismisses an employee for gross misconduct, special rules apply. Nigerian courts have long held that an employer has an inherent right to dismiss for gross misconduct…
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A Data Privacy Breach is Now Enforceable as a Constitutional Right: An Analysis of the High Court of Lagos State’s Judgment in Bonje v Guaranty Trust Bank Plc, Suit No: LD/18950MFHR/2024 (Unreported)
Introduction Following the gains made by the Nigeria Data Protection Regulation 2019 towards creating an enforceable legal framework for the protection of data privacy rights in Nigeria, the Nigerian Legislature enacted the Nigeria Data Protection Act 2023. The Nigeria Data Protection Act 2023 (subsequently referred to as the “NDPA 2023” or “the Act”) strengthens privacy…
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Does a Trademark Registration Grant You Immunity from a Trademark Infringement or Passing Off Lawsuits? Key Lessons from Dike Geo Motors Ltd. v. Allied Signal Inc. (2024) 10 NWLR (Pt. 1946) 201
Introduction One of the key advantages of a trademark registration is that it confers on the Applicant an exclusive right to use the registered trademark for a category of goods. This protection is contained in section 5 of the Trade Marks Act, CAP T13 Laws of the Federation of Nigeria (L.F.N) 2004. There is a…
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Performance Bond: An Owner’s Recourse in Contractual Default
The Performance Bond stands as a critical instrument in managing construction and high-stakes contractual risk, serving not merely as supplementary documentation but as a robust guarantee of project completion. It constitutes an agreement wherein a Surety guarantees an Owner (Obligee) that a Contractor (Principal) will faithfully fulfil its contractual obligations. In essence, the bond is…
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Understanding How To Prosecute a Copyright Infringement Claim in Nigeria: A Review of the Supreme Court’s Judgment in Ubom v. Globacom (Nig.) Ltd. (2025) 6 NWLR (Pt. 1985) 157
Introduction Copyright infringement is the unauthorised use of a copyrighted work without the authorisation of the copyright holder. Such unauthorised use includes: reproduction and distribution of the said work. A breach of contract, on the other hand, occurs when a party breaches the terms of the contract, and the other party decides to sue for…