Archive for the ‘Faculty of Law’ Category

THE CHALLENGES IN DISPENSATION OF CRIMINAL JUSTICE IN NGERIA

October 19, 2016

Author: Onwudinka Albert Nwabufo
Department: Law
Affiliation: Nnamdi Azikiwe University Awka

The essence of this work is to have a research look at the challenges in the dispensation of criminal justice Nigeria. These challenges stem from Judiciary workers strike, delay in administration of justice, high cost of litigation, lack of skill and diligence on the part of the lawyer handling criminal cases, appointment of inexperienced judges or magistrates to the bench, extra judicial killings and so on. The researcher also discovered that our criminal justice system can further be improved where there is judicial reform to check corrupt judges and magistrate, consultation with Nigeria Bar Association before appointing judges, adopting some of the procedure of high court civil procedure rules and better funding of the law enforcement agencies. The object of this research is to outline the challenges in dispensation of criminal justice in Nigeria and then proffer solution that will assist or enhance access to criminal justice. The researcher has adopted the descriptive and analytical approaches in the examination of the challenges in the dispensation of criminal justice in Nigeria. Basically materials from the primary sources of law which include, case law, statutes, journals and text books from various authors were used in analyzing the challenges in dispensation of criminal justice in Nigeria.

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THE NEED FOR EFFECTIVE CROSS-CULTURAL LAWYERING BETWEEN LAWYERS AND CLIENTS IN ASYLUM CASES IN THE UNITED STATES

January 20, 2015

AUTHOR: OKENU, BUIHE P.

FROM: THE DIGNITY OF A FRENCH TEACHER: CELEBRATING PROF. JULIE AGBASIERE

Effective communication and cultural awareness are central to a successful representation of clients in asylum cases especially where the clients do not share the same linguistic and cultural heritage with the lawyer. These asylum seekers usually have recourse to translators in order to make their asylum applications and defend it in court. A case study shows that a petition for an asylum case can be denied as a result of inaccurate translation and inadequate knowledge of the culture of the applicant. The stakes are very high in asylum cases because the denial of the case means that the asylum seeker will be sent back to her country where she will face persecution, torture or death. It becomes necessary for the lawyer to employ cross-cultural lawyering. S/he needs to devote more time and effort than usual to researching the client’s country conditions and understanding her culture. The lawyer should not let her/her own culture and biases interfere with and influence assessment of the client’s case. S/he should be acquainted with a fair knowledge of the client’s use of language so as to overcome inaccurate translations especially of technical terms and idiomatic expressions.

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GLOBALIZATION AND CONTEMPORARY PRACTICES IN CORPORATE GOVERNANCE: AN APPRAISAL

February 18, 2014

AUTHOR:  OJOBOR LIVINUS ONYEBUCHI

FACULTY OF LAW

AFFILIATION: NNAMDI AZIKIWE UNIVERSITY, AWKA

The era of information technology in which we live has turned the world into a global village. This encourages uniformity in the ways and practices of corporate governance. The concept of corporate governance has in recent times assumed global dimensions. This is made inevitable because of certain factors. The first is the present era of the giant public corporation with subsidiaries and off-shoots in various countries whose sheer size in terms of assets are larger than most nation-states. The second is that the corporate governance structure and practices of these companies must, of necessity be uniform and meet a minimum standard wherever the companies operate. These therefore dictate the need for certain measure of uniformity and consistency in corporate governance strategies and rules all over the globe. This work shall provide a framework for analyzing and understanding these trends. It shall offer a conceptualization of globalization that captures its historical process; its crossdisciplinary character, the distinction between types of globalization and the contrasting nature of its impact. The efficiency and accountability of the corporation is now a matter of both private and public interest and governance has thereby come to the forefront of the international agenda. This work therefore will attempt to exray the essence of “corporate governance”, its nature, framework and the impact of the concept of globalization in corporate governance. Necessary deductions and findings are hoped to be achieved which will assist in the improvement of the entire corporate governance framework in Nigeria in line with global trends. This work is arranged in seven parts. Chapter one presents details of the nature and scope of globalization, chapter two presents details of the meaning of corporate governance and its objectives, chapter three deals with the laws and institutions regulating corporate governance in Nigeria, whereas chapter four dwells on the impact of globalization on contemporary corporate governance practices, in chapter five the impact/effect of contemporary corporate governance practices to the Nigerian economy is discussed. Chapter six discusses the dilemma of globalization and the fear of local market. While chapter seven deals with the recommendation and conclusion.The method adopted in this research consists of the examination of relevant textbooks, statutes, newspaper, articles, and the internet report, case law of courts both within and outside Nigeria, comparative analysis between the laws and institutions regulating corporate governance in Nigeria, United States, Brazil and other countries were equally focused upon in the cause of this research.

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CRITICAL EVALUATION OF THE PROCESSES OF MERGERS, ACQUISTIONS AND TAKE-OVERS IN NIGERIA: A CASE STUDY OF THE BANKING REFORMS SYSTEM

January 20, 2014

AUTHOR: AKANDE, ROWLAND ALABA 

FACULTY: LAW

AFFILIATION: NNAMDI AZIKIWE UNIVERSITY, AWKA

The prevailing global economic recession has given rise to a number of survival recipes. In the corporate scene, mergers, acquisitions and take-overs have emerged as one of the corporate survival strategies. While merger involves the fusion of the understandings of two or more companies into an entity in which members of the amalgamating companies become members of the emerging entity. Acquisition entails the taking over of the shares of an offeree companies with a view to obtaining voting control. On the other hand, a take-over is the acquisition by one company of sufficient shares in another company to give the acquiring company control of that other company .In this regard, acquisition connotes a take-over: that is, the acquisition of control over the target company. Thus, in business and commercial terms, the expression “acquisition” is properly used interchangeably with the term “take-over” as distinct from a merger. It is suggested that with the definition of “merger” and “take-over” in the Act, the mix-up in the meaning of these terms should now come to an end. This research work will also analysis mergers, acquisitions and take-over in the Nigerian banking reforms system as was chosen as case study. The purpose of the study is to examine mergers, acquisitions and takeover of banking reforms system in Nigeria. Mergers, acquisitions and take-over were recommended to the banks by the immediate past Governor of Central Bank of Nigeria, Professor Charles Chukwuma Soludo; as a means to beef up in their capital base to twenty five billion naira (N25 billion) approximate of $181 million before the end of 31st day of December,2005. The legal framework for effecting mergers, acquisitions and take-over is set out in two principal enactments namely; the Companies and Allied Matters Act,Cap.59 Laws of the Federation of Nigeria(LFN),1990 (presently Cap. C20, LFN, 2004) and the Security and Exchange Commission Act, Cap.406 of LFN, 1990 (now Cap.S3, S.E.C, 2004). The provisions of these enactments are critically appraised in this work. The objective of this work is to outline the mergers, acquisitions and take-overs in Nigeria banking system. The mergers, acquisitions and take-overs process in Nigeria has become in the last few years, something that needs an expert attention and academic interest among scholars in the field. This is because of the growing nature of the Company Law and Management; the pivotal role of the Security and Exchange Commission, the Companies and Allied Matters Act, 2004 etc. The work generally is to evaluate the mergers, acquisitions and take-overs process in Nigeria, a better aid in the understanding of the various steps during merger or acquisition. The advantages and disadvantages of merger and acquisition, and also scholastic and authorities on the topic. The research work adopts a multiple research approach. The first involves a review of relevant literatures on the topics. The second approach deals with a critical and comparative analysis of the relevant Nigeria Laws and other jurisdictions. The last approach involves informal discussions and interviews with senior officials of the relevant agencies handling mergers, acquisitions and takeover transactions. The research work shows that mergers, acquisitions and take-over are on the increase in Nigeria. The work shows also that the recent banking reforms in Nigeria was successful and needs constant monitoring by the Central Bank of Nigeria, the Security and Exchange Commission, Nigeria Stock Exchange Commission and Economy and Financial Crime Commission for encouragement and full compliance with the guideline on consolidation Although, the Company and Allied Matter Act, 1990 (as incorporated by reference in Cap.C20 of LFN, 2004) has made substantial provisions to regulate this activity, there are obvious lapses in some of the procedures. Moreover, some of the statutory provisions are very technical. It is hoped that when judicial pronouncement begin to pour in and the relevant amendments are effected, mergers, acquisitions and take-over in Nigeria would become less cumbersome.

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A CRITICAL APPRAISAL OF MORTGAGES IN NIGERIA: (WITH PARTICULAR REFERENCE TO LAND

December 9, 2012

 

AUTHOR: Richards, Uwamdi Newman

DEPARTMENT: Property Law

 AFFILIATION: Nnamdi Azikiwe University, Awka.

Civilization and Economic development leads to necessary advancement in business and trading activities: civilization led to industrialization, which implies that modern business transactions needs huge financial resources to undertake, which may not be easily gotten through savings. The financial institutions with huge capital base extending to billions of naira are the most viable source of capital to fund such business proposals, but no prudent financial institution can lend money without insisting on security (collateral) for repayment of loans. The commonest way of providing security is by transferring an interest in land as security for such loan subject to redemption after repayment of the loan, Developed economies are principally driven by mortgages. In places like United States of America, United Kingdom, you don’t need to save all your life to buy a car or build a house, neither do you need to fret so much about how to raise money to start a business, because of their effective mortgage system In Nigeria, our mortgage system seems not to be effective, as it is very difficult to use land as security for loan, in some cases before you go through all the processes stipulated by law to perfect a mortgage, the purpose of the loan may have elapsed. The Land Use Act seems to be a major inhibiting factor to mortgages in Nigeria, especially because of the requirement for consent of the Governor in every transfer of interest in land. In this thesis, I shall look at the relevant Laws affecting mortgages in Nigeria, with a view of suggesting necessary amendments in their provisions that will improve the Nigerian Mortgage System.

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