FACULTY OF LAW
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Item Determining the liabilities of internet service providers in cyber defamation: a comparative study(Sweet and Maxwel, 2016) Araromi, M. A.The need to protect free speech as a right and the need to protect the reputations of others are two often conflicting legal positions which need to be balanced. The internet is a medium where free speech can be carried out and equally creates a space where reputations can be injured. Damage to reputation can lead to defamatory action being taken against the author, publisher or any other contributor to the publication of the defamatory statement. To facilitate communications on the internet the roles played by the internet service providers or intermediaries cannot be underestimated. And often times, the intermediaries are made the sole defendant or joined as a party to defamatory suits. The UK and the US are seen as laboratories for defamatory actions on the internet. Also, India and South Africa have responded through their laws to the problem of determining intermediary’s liability in internet defamation. This research sets out to present a comparative study of the laws in the four nations in determining the liabilities of internet intermediaries, with the hope of discovering the strengths and weaknesses of the law and making suggestions as to the best approach to be adopted in shielding the intermediaries from liabilities and also protecting the reputations of others.Item Regulation of gambling in Nigeria: a need to review the status quo(Faculty of Law, Rivers State University, Port Harcourt, Nigeria, 2018-02) Araromi, M. A.Gambling is a phenomenon that has not been given adequate attention in Nigeria. If properly handled it constitutes money spinning venture to the government. The legal and regulatory control of gambling in Nigeria appears to be clumsy and grossly inadequate. The traditional method of gambling in Nigeria has not been properly managed and the licensing provisions are very conflicting. The nascent internet and mobile technologies have also provided new methods of gambling which create a tensed atmosphere for the control of gambling activities especially due to the seamless operations of these technologies. Countries like the US, UK and Australia have made spirited efforts in order to tame interactive gambling within their jurisdictions. A review of the approaches of these jurisdictions will serve as a direction for Nigeria which has not taken cognisance of the special challenges occasioned by the interactive form of gambling. This paper seeks to address in general the legal and regulatory challenges of gambling in Nigeria.Item Cyber-terrorism under the nigerian law: a new form of threat or an old threat in a new skin?(2018-03) Araromi, M. A.Cyber-terrorism is a new phenomenon that has found expression in the current legal literature on terrorism. The concept of terrorism itself is enigmatic as there is no commonly agreed definition. However, what constitutes acts of terrorism seems to be agreed upon by writer and legal philosophers and have been clearly proscribed under the laws of most jurisdictions. The difficulty entrenched in having a common definition for terrorism also has its impact on defining "cyber-terrorism" which also does not have an agreed definition. Cyber-terrorism takes on another dimension compared with the tradition terrorism due to the fact that it can only be carried out in the cyberspace needing no physical involvement in the location where the target is. The question that disturbs the mind is whether the cyber-terrorism poses another form of threat different from that of traditional terrorism which may require a separate law to address. It was realized that cyber-terrorism poses new threats that the extant legal provisions on terrorism in Nigeria cannot adequately handle due to the technicalities involved.Item Legal appraisal of the National Industrial Court of Nigeria(2017) Araromi, M. A.Having specialised courts to handle labour and employment matters is not a new phenomenon as many countries practise this system, with Nigeria not being an exception. The National Industrial Court stands in a special stead in the scheme of things in the justice system of Nigeria. However, the purpose of this research was to examine this court based on the laws that established it and analyse the jurisdiction of the court. The power to transfer industrial matters to the National Industrial Court (NIC), after assuming sole jurisdiction to entertain such matters, was examined through analyses of relevant legal provisions. This paper went further to scrutinise the scope of the NIC's civil and criminal jurisdictions vis-a-vis other courts in Nigeria. The research finally addressed the composition of the NIC in the exercise of its jurisdiction. It was discovered that certain provisions of the lav’s are not clear enough to properly situate the NIC in the scheme of the justice system in Nigeria which requires amendments.Item Rethinking the duties of a receiver and powers of directors of companies in receivership under Nigerian law(2015-07-12)Receivership is an enforcement procedure devised by Law to ensure that a charged security is realized by debenture holders. The advantages of appointing a receiver are quite enormous and have come to be preferred to other forms of enforcement procedures available to debenture holders. The appointment, qualification and disqualification of receivers in Nigeria as provided by the Companies and Allied Matters Act, CAP C20 Laws of the Federation of Nigeria, 2004 (CAMA) is not only inadequate but unfortunately constitutes an avenue for encouraging incompetent receivership practice. This paper critically examines the role and duties of the receiver in Nigerian law and points out the discrepancies, total lack of regulation and great gaps in the law which has led to great injustice to companies. The paper argues that directors of companies under receivership are not thereby paralysed and they should exercise their powers to monitor the activities of the receiver. There is need to amend the law to streamline the duties of the receiver, provide for regulation of receivership and protection of the company and debenture holders.Item Regulation of charges over book debts in Nigeria(2017)There has been considerable debates or whether it is possible to create a fixed charge over book debts and recycling proceeds. The courts have clearly stated that it will go beyond the nomenclature ascribed by the parties to the debenture and ascribe its own interpretation on the debenture, it follows that the intentions of the parties is not useful in the categorisation of charge over book debts. This paper examined the difference between the Fixed charge and the Floating charge, why the creditors will prefer a fixed charge to a floating charge. This paper also examined the nature of Book debts, the problems of categorisation of the charge on Book debts and position of the law in Nigerian law. There is total absence of regulation, categorization and legal framework of Book debts in Nigeria. Though mentioned in the CAMA which perhaps show its recognition, the near absence of regulation has left the position in an unsatisfactory position. This paper calls for a proper regulation of the charge on Book debts in Nigeria. It is important that the proper principles of law must be well understood to enable us determine whether a transaction that is described as fixed or floating charge over Book debts is to all intents and purposes one.Item procedure for registration of charges in Nigeria- need for urgent reforms(2014-08-09) Aina, KThe use of arbitration in commercial transactions is a vital and important aspect of every commercial agreement. This is due to the advantages of arbitration over the regular court adjudicatory process. The problem is no matter how good and impeccable the arbitral process is the law still requires that arbitral award be recognized for enforcement by the court. This paper assessed the procedure for the enforcement of arbitral domestic awards in Nigerian High Courts, examined the different forms as provided in the rules, particularly the use of Motion on Notice and Originating Summons for enforcement of arbitral award, whether these procedural forms of application are adapted or suitable for enforcement of arbitral awards or whether there should be a more flexible mode of enforcing an award and concluded that the procedures are not adequate, and totally at variance with current international standards. The paper also makes recommendation for reforms.Item challenges to grant of injunction pending appeal in Nigeria – way out(2013-08-01) Aina, KThis paper examined the conditions for the grant of Order of Injunction Pending Appeal by Nigerian Courts. The paper traced the origin of the Order from the English authorities, and the adoption into the Nigerian judicial system. The author examined the High Court of Lagos State Rules and the Federal High Court Rules to establish the procedural source of the application of the Injunction Pending Appeal by the Courts and concluded that the rules do not support the Order. The confusion by the Courts in associating the conditions for the grant of Interlocutory Injunction and Injunction Pending Appeal was critically examined. The proper and acceptable conditions for the grant of the Order as laid down recently by the Supreme Court and a call for liberal application of the conditions by the Court as well as a suggestion for a change in the nomenclature concludes the paper.Item Asset management corporation of Nigeria – a pretentious special purpose vehicle(2015-01-01) Aina, KIn contemporary financial world, business organisation most especially financially distressed companies and companies with low or mid-tier credit ratings have securitised different types of assets (loans, credit cards, auto receivables, intellectual property, etc.) through the use of SPVs .The enactment of the AMCON ACT 2010 was specifically to bail out the Nigerian banks by buying and taking over the 'toxic' assets that were threatening to destroy the banks and the economy. This paper analysed the essential features of the procedure for securitisation and asset management modules as a background to critically examine the AMCON ACT and whether the Asset Management Corporation is an SPV or not. The paper concludes that AMCON is not an SPV but a special statutory creation to solve a special problem confronting the banks and the economy.Item A review of corporate governance codes and best practices in Nigeria(2015-07-25) Aina, K; Adejugbe, BNigeria is lacking behind in terms of development of its corporate governance, codes, policies and enabling laws, this is in contrast to the United Kingdom's regular review and updated corporate governance codes, principles and Best Practices. The UK is continuously reviewing and updating its corporate governance codes and policies. This paper examines the development of corporate governance mechanisms in the UK and Nigeria and further seeks to advocate for a review and update of Nigeria's corporate governance standards to meet global best practices.