LAW

Trade and businesses are among the most regulated sectors of the Nigerian economy. This is not unconnected to the fact that companies and associations have a wide spectre of stakeholders which means that their activities affect beyond just their members but permeates the entire society. Some of these activities over the years become too notorious to be overlooked in the determination of the relevancy of provisions of law to guide the corporate sector; just as in other sectors. Businesses and charitable organizations are monitored from inception to death by a number of bodies guided by extant laws chief of which are the Companies and Allied Matters Act (CAMA) and the Investment and Securities Act (ISA). Recently, the CAMA was repealed and re-enacted to fortify the old law with the realities of he emerging business world after years of yearnings and criticisms. This work adopts a doctrinal approach in analysing the role of past events in shaping the country’s corporate sector. The paper finds that the major components of Nigeria’s company law as encapsulated especially in the CAMA are major restatements and collection of principles, doctrines and adopted practices that have evolved over the course of history even before Nigeria gained her independence in 1960. Albeit there are already criticisms regarding some provisions in the CAMA, it is on a whole very responsive to the present realities of the corporate sector. The work concludes that whilst there will always be criticisms trailing every law, to which the current company law under the regime of CAMA and ISA is not immune, the benefits of lessons learnt from history are evident in the present state of Nigeria’s company law. The paper finally recommends for a more responsive approach to law making in the corporate sector.

This study examines the role of corporate governance and regulatory compliance in the
sustainability of startups in Nigeria, with emphasis on statutory obligations under the
Companies and Allied Matters Act 2020, the Nigeria Startup Act 2022 and relevant
regulatory codes. A doctrinal and empirical approach was adopted, involving analysis of
primary and secondary legal materials alongside data obtained from structured questionnaires administered to selected Nigerian startup founders. The findings reveal that while 92% of the surveyed startups were formally registered with the Corporate Affairs Commission, only 34% filed annual returns, 58% operated without a formal board structure, and governance processes were largely undocumented. Weak compliance awareness, limited financial resources, regulatory complexity and founder-centric decision making were identified as the major causes of governance gaps. The study concludes that startups with early governance adoption, documented internal controls and active compliance reporting demonstrate stronger investor appeal and long-term viability. It recommends regulatory education for founders, streamlined compliance procedures and increased investor-supported governance culture. This research contributes to existing scholarship by extending corporate governance analysis to early-stage, technology-driven ventures, a sector often overlooked in Nigerian legal literature. Keywords: Corporate Governance, Compliance, Startups, CAMA 2020, Nigeria Startup Act 2022, Investor Confidence, Sustainability.

This study critically examines the legal and human rights implications of Nigeria’s
restrictive abortion laws through a tripartite analysis of the competing interests of the
woman, the foetus, and the putative father. The background establishes that Nigeria’s
legal framework, anchored in the Criminal and Penal Codes, is highly prohibitive, permitting abortion only to save the woman's life; this restrictive stance drives the high
incidence of unsafe abortions, contributing significantly to maternal mortality. The
central problem addressed is the profound normative conflict created by the law's
failure to equitably balance the woman's fundamental constitutional rights against the
moral and legal status of the foetus and the social and relational interests of the
putative father. Adopting a doctrinal and comparative methodology, the research
systematically analyzed Nigerian statutes, constitutional provisions, judicial precedents
like Medical and Dental Practitioners Disciplinary Tribunal v Okonkwo, and international
obligations, notably the Maputo Protocol. Findings confirm that the Nigerian framework
is contradictory: while the woman holds explicit, justiciable constitutional rights to life,
dignity, and autonomy, the foetus holds the status of potential life, and the father
possesses no legal right to veto. The study concludes that the law is fundamentally
unbalanced and in direct conflict with Nigeria's binding international human rights
commitments. To achieve a coherent legal framework, the research recommends
legislative modernization to align penal laws with Article 14(2)(c) of the Maputo Protocol (legalizing abortion for rape, incest, and health risk), urgent judicial activism to
interpret constitutional rights expansively, and statutory recognition of the biological
father’s moral and relational interest through veto consultation, safeguarded by
exceptions for domestic violence.

Maritime trade remains the lifeblood of global commerce, yet the disputes that arise from it demand swift, specialized, and reliable mechanisms of resolution. This project dives into the effectiveness of arbitration as a tool for resolving maritime claims in Nigeria, a jurisdiction whose strategic coastal economy makes efficient dispute settlement indispensable. Anchored in the framework of international maritime law, the study probes Nigeria’s legal and institutional structures for maritime arbitration and evaluates their conformity with global benchmarks such as the UNCITRAL Arbitration Rules and key instruments. Through this inquiry, the research uncovers fundamental strengths and persistent gaps within Nigeria’s arbitration landscape, offering a nuanced assessment of its capacity to support modern maritime activity. The study’s significance extends beyond theoretical contribution; by situating Nigeria’s experience within comparative international practice, it highlights reforms needed to enhance procedural efficiency, promote investor confidence, and align domestic mechanisms with international best standards. Employing a doctrinal methodology, the project draws on statutes, conventions, case law, arbitral decisions, and institutional rules, supplemented by comparative and analytical perspectives. This approach enables a thorough and systematic appraisal of the legal issues at stake. Ultimately, the research not only advances the understanding of maritime arbitration in Nigeria but also provides practical insights that may shape future legislative and institutional developments

This research conducts a critical examination of Sections 174 and 211 of the Constitution of the Federal Republic of Nigeria 1999, which confer discretionary prosecutorial powers upon the Attorney-General of the Federation and the States. Additionally, it evaluates the broader constitutional protection afforded under Section 36(10), which safeguards individuals against double jeopardy. These provisions raise pressing inquiries regarding the equilibrium between executive discretion and the principles of justice, accountability, and fair hearings within Nigeria’s criminal justice system. The study investigates whether the extensive authority vested in the Attorney-General to initiate, pursue, or terminate criminal proceedings, particularly through nolle prosequi, has been exercised in accordance with the rule of law or has instead devolved into a mechanism for political interference and elite protection. This inquiry is contextualized within a conceptual and theoretical framework that examines justice (retributive, restorative, and distributive), prosecutorial discretion, and the principles of separation of powers and the rule of law. Employing doctrinal and analytical legal research methodologies, the study delineates the historical evolution of the Attorney- General’s office and the development of prosecutorial discretion in Nigerian constitutional law. Furthermore, it discusses judicial interpretations of these provisions in landmark cases
such as State v. Ilori, Abacha v. State, Usman v. FRN, Mohammed v. State, and FRN v. Osahon & Ors, revealing a concerning tendency of judicial deference that could potentially facilitate the abuse of prosecutorial authority. Section 36(10) is scrutinized as a
constitutional guarantee of finality in criminal trials, which precludes multiple prosecutions for the same offense, thereby preserving the integrity of criminal adjudication. Nonetheless, this safeguard is frequently undermined when prosecutorial discretion is misused to arbitrarily terminate trials, denying victims’ closure and eroding public trust in the justice system. The study concludes that, although Sections 174, 211, and 36(10) each fulfill significant constitutional functions, their interactions must be meticulously overseen to prevent distortions of justice. Recommendations encompass the establishment of clearer statutory guidelines, judicial oversight of prosecutorial decisions, and institutional checks to avert the risk of discretion devolving into impunity. This work contributes to ongoing deliberations concerning democratic accountability, prosecutorial ethics, and the reformation of Nigeria’s criminal justice framework

The Nigerian music industry has undergone a dramatic transformation in the digital era (1999– 2024), fueled by technological advancements, the rise of streaming platforms, and the global popularity of Afrobeats. While these developments have created unprecedented opportunities for artists and record labels, they have also intensified disputes over contractual fairness, revenue sharing, and intellectual property rights. This study critically examines the legal realities and industry dynamics of Nigerian recording contracts, focusing on the pre-contractual negotiation process, transparency in artist-label relationships, and the effectiveness of existing legal and institutional frameworks in ensuring fairness. The research explores key issues such as information asymmetry, bargaining power imbalances, and the opaque nature of royalty structures, which often leave artists vulnerable to exploitative agreements. It evaluates the role of Nigerian contract law, the Copyright Act 2022, the Companies and Allied Matters Act (CAMA) 2020, and industry institutions like the Nigerian Copyright Commission (NCC) and Collective Management Organizations (CMOs) in regulating contractual fairness. Case law and industry disputes, including landmark cases like King Sunny Ade v. African Songs Ltd and Kizz Daniel v. G-Worldwide Entertainment, are analyzed to assess the legal protections available to artists and labels. Methodologically, this study adopts a doctrinal legal approach, relying on statutory analysis, case law review, and comparative examination of international transparency standards. The findings reveal significant gaps in Nigeria’s legal and institutional framework, particularly in contract enforcement, financial accountability, and regulatory oversight. While existing laws provide theoretical protections, weak enforcement mechanisms and a lack of industry-wide contract transparency allow exploitative practices to persist. This research recommends the adoption of standardized contract clauses, mandatory financial disclosures, stronger oversight of CMOs, and the integration of blockchain technology for royalty tracking to enhance transparency. Strengthening artist education, collective bargaining frameworks, and dispute resolution mechanisms will also be essential in fostering a more balanced and sustainable music industry. By addressing these legal and industry gaps, Nigeria can move towards a more equitable system where both artists and record labels thrive.

This research provides an in-depth analysis of workplace discrimination against persons with disabilities (PWDs) in Nigeria, assessing the adequacy of the legal, institutional, and policy measures designed to protect their rights and foster inclusion. The study evaluates the extent to which Nigeria fulfils its obligations under the UN Convention on the Rights of Persons with Disabilities (CRPD) and the International Labour Organization (ILO) Convention No. 159. Using a doctrinal and comparative legal approach, it examines statutory provisions, case law, and the functions of enforcement institutions, notably the National Commission for Persons with Disabilities (NCPWD), the National Human Rights Commission (NHRC), Nigeria Social Insurance Trust Fund and the National Industrial Court of Nigeria (NICN). The findings indicate that although Nigeria’s legislative framework is progressive, implementation is undermined by weak institutional capacity, inadequate funding, low awareness, and enduring societal prejudice. Judicial responses, while occasionally advancing disability rights, face obstacles such as prolonged litigation, high legal costs, and limited judicial expertise. Persistent issues include discriminatory hiring, inadequate infrastructure accessibility, non-compliance with the statutory 5% public sector employment quota, and unclear reasonable accommodation guidelines. The study identifies legal ambiguities, enforcement weaknesses, and policy gaps, recommending reforms such as strengthening institutional mandates, creating sector-specific compliance frameworks, expanding public education on disability rights, and improving access to affordable legal remedies. The research concludes that realising workplace equality for PWDs in Nigeria requires more than legal provisions, it demands effective enforcement, structural reforms, and a cultural shift towards genuine inclusion, recognising disability rights as both a human rights priority and a driver of national development.

The digital revolution has fundamentally transformed the landscape of evidence in legal proceedings worldwide, with Nigeria taking a decisive step forward through the Evidence (Amendment) Act 2023. This research examines the evolving role of digital evidence in Nigerian courts, focusing on the critical issues of admissibility and credibility within the framework of the newly amended Evidence Act. The study addresses the transformative impact of sections 84A-84D, which revolutionized how electronic records, digital signatures, and computer-generated documents are treated in judicial proceedings. Prior to the 2023 amendments, Nigerian courts grappled with significant challenges in authenticating and admitting digital evidence under the restrictive provisions of Section 84 of the Evidence Act 2011. The landmark case of Atiku Abubakar v. Muhammadu Buhari exemplified these challenges, where the Supreme Court struggled with the admissibility of electronic voting records and server-generated data. This research investigates how the Evidence (Amendment) Act 2023 addresses these longstanding issues while establishing new standards for digital evidence credibility. The study employs doctrinal analysis, comparative jurisprudence, and empirical research methodologies to examine the practical implications of Nigeria's modernized digital evidence framework. Key findings reveal that while the 2023 amendments significantly enhance the admissibility of electronic records, challenges remain in ensuring credibility, particularly regarding authentication protocols and technical expertise requirements within the judiciary. This research contributes to legal scholarship by providing the first comprehensive analysis of Nigeria's reformed digital evidence regime, offering practical guidance for legal practitioners, and proposing recommendations for effective implementation of the new legislative framework

Digital assets and crypto-currencies have become transformative forces in modern finance. Bitcoin, introduced in 2009, marked the inception of decentralized digital currencies, paving the way for thousands of crypto-currencies and block-chain based projects. However, their growth has also raised questions about their legal classification, regulatory oversight, and implications for global economies. Legal systems worldwide grapple with defining digital assets and crypto-currencies due to their hybrid nature part currency, part commodity, and part security. As these assets proliferate, the lack of uniformity in their treatment creates regulatory gaps and risks, necessitating adaptive models that can respond to technological innovation while protecting market participants1. The legal and regulatory framework for crypto-currency and digital assets in Nigeria is undergoing significant transformation as the country seeks to leverage the potential of these technologies while addressing associated risks. Amidst a backdrop of rising interest and participation in crypto-currency evidenced by Nigeria's position as a leading nation in Africa for crypto-currency searche2, this evolving landscape has prompted the government and regulatory bodies to rethink existing legal structures and introduce new guidelines to foster innovation and protect consumers.

Sexual slavery has emerged as a critical human rights issue within the broader context of insurgency in Nigeria, particularly in the northeastern region where Boko Haram and other armed groups have operated with relative impunity. The use of sexual slavery by insurgents is not incidental but systematic and strategic. Women and girls are abducted, held against their will, and subjected to repeated sexual violence, forced marriages, and domestic servitude. These actions amount to crimes under both Nigerian law and international humanitarian and human rights law. Despite this, the prosecution of perpetrators remains limited due to a range of legal, institutional, and socio-cultural hurdles. This study examines the intersection between sexual slavery and insurgency in Nigeria, with a focus on the barriers to effective prosecution. It identifies key legal and procedural gaps in Nigerian criminal law, including the lack of explicit provisions for prosecuting sexual slavery as a distinct crime and the inadequacy of victim protection mechanisms during legal proceedings. This study also explores the challenges posed by insecurity in conflict zones, lack of forensic infrastructure, poor case documentation, and limited capacity of law enforcement to gather evidence or secure witness testimony. These problems are compounded by political interference, corruption, and the prevailing stigma faced by survivors, which discourages reporting and cooperation with legal authorities. This study evaluates existing domestic and international legal frameworks, including the Nigerian Criminal Code, the Violence Against Persons (Prohibition) Act of 2015, and Nigeria’s obligations under international instruments such as the Rome Statute of the International Criminal Court and the Convention on the Elimination of All Forms of Discrimination Against Women. While these instruments provide a foundation for prosecution, implementation remains weak due to gaps in domestic incorporation and enforcement. The study argues for urgent legal reform, improved institutional coordination, and the development of survivor-centered justice mechanisms. It also recommends the establishment of specialized investigative and prosecutorial units trained in conflict-related sexual violence. Addressing these barriers is essential to breaking the cycle of impunity, ensuring justice for victims, and restoring public trust in the legal system. Without concrete prosecutorial outcomes, efforts to combat insurgency and promote long-term peace and security in Nigeria will remain incomplete.