The notion of violence especially on the rights of women has been plagued with lots of plausible euphoria jeopardising the initial rationale and objective of the human rights placement, that of ensuring that everyone should be treated with respect and fundamental dignity. The situation has become appalling and frustrating as women encounter violations of their various status and rights, making them become subjects of ridicule. Willing to ensure the recognition and protection of women, Cameroon has adopted a series of international, regional and national laws aiming at ensuring a safe and secured environment for the protection of women's rights and status. Regardless of the various measures set by the country, the notion of domestic violence appears to be more of a pandemic than a curable substance as issues of women protection are concerned. This article is of the opinion that the concept of domestic violence in Cameroon is accelerating as most women are still treated as an object of commodity in the eyes of many. There is a continuous violation of women's rights especially in aspects of sexual violence and discriminatory practices meted out on women. This situation has become worrisome, as many question the future of women's rights in Cameroon as issues of sexual violence escalate, thus affecting tremendously the prestigious status to be occupied by women in the society. In answering the above question and hypothesis, there will be the need to evaluate the domestic violence climate in Cameroon by questioning the complexities in the country on issues related to combating domestic violence and examining the way forward. It is convenient beyond all reasonable doubt that, sexual violence continues to be a hard nut to crack notwithstanding all the impressive efforts put in place by the government of Cameroon in ensuring its fight. To this end, it is advisable that more efforts, mechanisms and methods should be invested by the government of Cameroon to establish a favourable climate and environment in the protection and preservation of women's rights and status in the country.
{"title":"Combatting Domestic Violence under International Law: Assessing the Various Legal Inconsistencies Frustrating the Protection of Women's Rights in Cameroon","authors":"Nana Charles Nguindip","doi":"10.3366/ajicl.2023.0436","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0436","url":null,"abstract":"The notion of violence especially on the rights of women has been plagued with lots of plausible euphoria jeopardising the initial rationale and objective of the human rights placement, that of ensuring that everyone should be treated with respect and fundamental dignity. The situation has become appalling and frustrating as women encounter violations of their various status and rights, making them become subjects of ridicule. Willing to ensure the recognition and protection of women, Cameroon has adopted a series of international, regional and national laws aiming at ensuring a safe and secured environment for the protection of women's rights and status. Regardless of the various measures set by the country, the notion of domestic violence appears to be more of a pandemic than a curable substance as issues of women protection are concerned. This article is of the opinion that the concept of domestic violence in Cameroon is accelerating as most women are still treated as an object of commodity in the eyes of many. There is a continuous violation of women's rights especially in aspects of sexual violence and discriminatory practices meted out on women. This situation has become worrisome, as many question the future of women's rights in Cameroon as issues of sexual violence escalate, thus affecting tremendously the prestigious status to be occupied by women in the society. In answering the above question and hypothesis, there will be the need to evaluate the domestic violence climate in Cameroon by questioning the complexities in the country on issues related to combating domestic violence and examining the way forward. It is convenient beyond all reasonable doubt that, sexual violence continues to be a hard nut to crack notwithstanding all the impressive efforts put in place by the government of Cameroon in ensuring its fight. To this end, it is advisable that more efforts, mechanisms and methods should be invested by the government of Cameroon to establish a favourable climate and environment in the protection and preservation of women's rights and status in the country.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46338140","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study discusses the constitutional disputes, which arose after the President of South Sudan issued the Presidential decree dismissing 14 justices and judges from the judicial organ in the country. For the President and the Chief Justice, the dismissal complied with the constitutional provisions. On the other hand, the dismissed justices and judges argued that the dismissal violated the provisions of the national Constitution and the East African Community Treaty. In this situation, the victims of the dismissal avoided the domestic remedies, the Supreme Court, which redresses the constitutional disputes and launched a lawsuit impugning the dismissal to the East African Community Court of Justice (EACJ), an international law court to adjudicate the case. The study finds three reasons which persuaded the victims to avoid the domestic remedies in favour of the EACJ: first, the constitutional immunities protecting the executive from lawsuits; second, section 33(2) of the Civil Procedure Code (CPC), 2007, gives the Minister of Justice to stay the lawsuit; third, act of impunity in the executive organ. The research recommends that nationals as voters need to press the legislature to amend the Constitution and rescind immunities and section 33(2) of 2007. The act of staying the lawsuit from proceeding constitutes partiality of the executive organ to the judiciary and that frustrates the independence of the agency.
{"title":"Violation of the Constitutional Law and International Provisions in the Dismissal of Justices and Judges from South Sudan Judicial Pillar","authors":"Kuel Jok","doi":"10.3366/ajicl.2023.0431","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0431","url":null,"abstract":"This study discusses the constitutional disputes, which arose after the President of South Sudan issued the Presidential decree dismissing 14 justices and judges from the judicial organ in the country. For the President and the Chief Justice, the dismissal complied with the constitutional provisions. On the other hand, the dismissed justices and judges argued that the dismissal violated the provisions of the national Constitution and the East African Community Treaty. In this situation, the victims of the dismissal avoided the domestic remedies, the Supreme Court, which redresses the constitutional disputes and launched a lawsuit impugning the dismissal to the East African Community Court of Justice (EACJ), an international law court to adjudicate the case. The study finds three reasons which persuaded the victims to avoid the domestic remedies in favour of the EACJ: first, the constitutional immunities protecting the executive from lawsuits; second, section 33(2) of the Civil Procedure Code (CPC), 2007, gives the Minister of Justice to stay the lawsuit; third, act of impunity in the executive organ. The research recommends that nationals as voters need to press the legislature to amend the Constitution and rescind immunities and section 33(2) of 2007. The act of staying the lawsuit from proceeding constitutes partiality of the executive organ to the judiciary and that frustrates the independence of the agency.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42633626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article questions whether the limited liability partnership form which was introduced in Nigeria in 2020 is set to displace the private company as the legal form of choice for small businesses and owner-managed entities. It compares the legal provisions relating to the private company and the limited liability partnership as provided for under the Companies and Allied Matters Act 2020, and highlights their relative strengths and weaknesses. It notes that while the attractions of the limited liability partnership are significant, recent reforms of the private company may have also positioned that form to be relevant and equally appealing to small businesses. It concludes that while the limited liability partnership will be highly appealing to professional partnerships in Nigeria, the private company would continue to remain relevant for some time to come particularly as it is now possible for sole proprietors to trade under that form as one-man companies.
{"title":"Between the Private Company and the LLP: Deciphering a Path for Small Businesses in Nigeria","authors":"P. Subai, Appi K. Stephen","doi":"10.3366/ajicl.2023.0432","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0432","url":null,"abstract":"This article questions whether the limited liability partnership form which was introduced in Nigeria in 2020 is set to displace the private company as the legal form of choice for small businesses and owner-managed entities. It compares the legal provisions relating to the private company and the limited liability partnership as provided for under the Companies and Allied Matters Act 2020, and highlights their relative strengths and weaknesses. It notes that while the attractions of the limited liability partnership are significant, recent reforms of the private company may have also positioned that form to be relevant and equally appealing to small businesses. It concludes that while the limited liability partnership will be highly appealing to professional partnerships in Nigeria, the private company would continue to remain relevant for some time to come particularly as it is now possible for sole proprietors to trade under that form as one-man companies.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41774759","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Criminals use a myriad of measures to isolate their criminal spoils from the crime while lawmakers continuously adopt measures to plug the lacunae in the anti-laundering machinery. Thus, lawmakers are expected to constantly adjust the laws intended to limit money laundering, lest the battle against this criminal delinquency will be lost. This article is intended to highlight that money laundering in this era of progressive technology has become more elusive. The internet has fed new trends into the metamorphosis of money laundering, with New Payments Methods fuelling the fire. The use of electronic payments has unlocked new avenues for money laundering. This generally should be attended by the obvious task of improving AML/CFT machinery. The article intends to illustrate how other techniques that undermine the existing anti-money laundering machinery can be fashioned when prepaid cards are employed. The article assesses the South African, Nigerian and international anti-laundering regimes.
{"title":"A Clean Swipe: Assessing the Vulnerability of South Africa and Nigeria to Money Laundering Committed with Prepaid Cards","authors":"Paul Nkoane","doi":"10.3366/ajicl.2023.0435","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0435","url":null,"abstract":"Criminals use a myriad of measures to isolate their criminal spoils from the crime while lawmakers continuously adopt measures to plug the lacunae in the anti-laundering machinery. Thus, lawmakers are expected to constantly adjust the laws intended to limit money laundering, lest the battle against this criminal delinquency will be lost. This article is intended to highlight that money laundering in this era of progressive technology has become more elusive. The internet has fed new trends into the metamorphosis of money laundering, with New Payments Methods fuelling the fire. The use of electronic payments has unlocked new avenues for money laundering. This generally should be attended by the obvious task of improving AML/CFT machinery. The article intends to illustrate how other techniques that undermine the existing anti-money laundering machinery can be fashioned when prepaid cards are employed. The article assesses the South African, Nigerian and international anti-laundering regimes.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41346339","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
To ensure equitable distribution of natural resources and sustainable development, international best practices, as expressed in the Aarhus Convention and the Permanent Sovereignty over Natural Resources, require that citizens actively participate in the decision-making and governments should account to their citizens. This article examines the regulatory framework for natural resources in Ghana to ascertain the extent of public participation and accountability promoted through the legal provisions. The evaluation of the legal provisions for water, fisheries, forestry, energy and mining resources conclude that the legal framework in Ghana amply provides the structure for accountability and some level of public participation. However, the enforcement of the accountability and public participation stipulations are not well entrenched in the legislation. Relevant amendments to affected law will empower the enforcement institutions to promote a comprehensive implementation of public participation and accountability in the natural resources sector.
{"title":"Sustainable Natural Resource Governance in Ghana: An Appraisal of Legal Provisions on Public Participation and Accountability","authors":"Francisca Kusi-Appiah","doi":"10.3366/ajicl.2023.0433","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0433","url":null,"abstract":"To ensure equitable distribution of natural resources and sustainable development, international best practices, as expressed in the Aarhus Convention and the Permanent Sovereignty over Natural Resources, require that citizens actively participate in the decision-making and governments should account to their citizens. This article examines the regulatory framework for natural resources in Ghana to ascertain the extent of public participation and accountability promoted through the legal provisions. The evaluation of the legal provisions for water, fisheries, forestry, energy and mining resources conclude that the legal framework in Ghana amply provides the structure for accountability and some level of public participation. However, the enforcement of the accountability and public participation stipulations are not well entrenched in the legislation. Relevant amendments to affected law will empower the enforcement institutions to promote a comprehensive implementation of public participation and accountability in the natural resources sector.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48089359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Imed Eddine Bekhouche, Asmar binti Abdul Rahim, Aida binti Abdul Razak
The first step to starting a franchise business is to provide disclosure documents. How disclosure documents are regulated in Tunisia and South Africa, which information must be disclosed, the time of disclosure and the remedies. The main objective is to compare and analyse the existing franchising law in selected countries to explore and analyse the law relating to disclosure documents in franchising. Also, to help design essential features of an Algerian franchise law regarding disclosure. The doctrinal legal method complemented with comparative research was used. The armchair library approach was employed to collect data. The findings show that: regarding the information required to be disclosed, Tunisian law provides the most comprehensive list; regarding the required disclosure period, the Algerian proposed law should follow the Tunisian franchise law, and regarding the remedies in case of a failure to comply with disclosure requirements should be the invalidate of the contract and ask for compensation and impose penalties.
{"title":"Comparison of South African and Tunisian Franchising Laws Regarding Disclosure and their Implications for Algeria","authors":"Imed Eddine Bekhouche, Asmar binti Abdul Rahim, Aida binti Abdul Razak","doi":"10.3366/ajicl.2023.0434","DOIUrl":"https://doi.org/10.3366/ajicl.2023.0434","url":null,"abstract":"The first step to starting a franchise business is to provide disclosure documents. How disclosure documents are regulated in Tunisia and South Africa, which information must be disclosed, the time of disclosure and the remedies. The main objective is to compare and analyse the existing franchising law in selected countries to explore and analyse the law relating to disclosure documents in franchising. Also, to help design essential features of an Algerian franchise law regarding disclosure. The doctrinal legal method complemented with comparative research was used. The armchair library approach was employed to collect data. The findings show that: regarding the information required to be disclosed, Tunisian law provides the most comprehensive list; regarding the required disclosure period, the Algerian proposed law should follow the Tunisian franchise law, and regarding the remedies in case of a failure to comply with disclosure requirements should be the invalidate of the contract and ask for compensation and impose penalties.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49114063","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The second part of this article deals with the pragmatic approach of the South African courts to determine whether a right is real and, therefore, registrable in the deeds registry. The courts use a two-fold test to distinguish between real and personal rights, namely the subtraction from the dominium test and the intention test. It is indicated that the first test focuses on the impact of the right under investigation upon ownership while the second test focuses on the intention of the parties regarding the nature of the right when it was created. The application of the subtraction from the dominium test by the courts is discussed against the backdrop of a newly suggested classification of entitlements of ownership of land that are relevant within the context of the registrability of real rights. It is concluded that the common law distinctions between personal and real rights, and between ownership and limited real rights, still provide a solid conceptual basis in post-apartheid South African property theory.
{"title":"The Distinction between Real Rights and Personal Rights in the Deeds Registration System of South Africa – Part Two: Pragmatic Distinction between Real Rights and Personal Rights","authors":"P. Badenhorst","doi":"10.3366/ajicl.2022.0423","DOIUrl":"https://doi.org/10.3366/ajicl.2022.0423","url":null,"abstract":"The second part of this article deals with the pragmatic approach of the South African courts to determine whether a right is real and, therefore, registrable in the deeds registry. The courts use a two-fold test to distinguish between real and personal rights, namely the subtraction from the dominium test and the intention test. It is indicated that the first test focuses on the impact of the right under investigation upon ownership while the second test focuses on the intention of the parties regarding the nature of the right when it was created. The application of the subtraction from the dominium test by the courts is discussed against the backdrop of a newly suggested classification of entitlements of ownership of land that are relevant within the context of the registrability of real rights. It is concluded that the common law distinctions between personal and real rights, and between ownership and limited real rights, still provide a solid conceptual basis in post-apartheid South African property theory.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49156891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
African countries are still negotiating the RoO for AfCFTA. Rules of Origin (RoO), a mechanism for determining the economic nationality of a product, are an essential part of international trade due to their use in the enforcement of preferential treatment of goods. AfCFTA member states seek to build upon RoO under their existing RECs. However, the design and implementation of RoO under the various RECs are seen as one of the obstacles to intra-Africa trade. This article examines the RoO of Africa’s key RECs, namely the EAC, COMESA, ECOWAS, SADC and the TFTA, with a view to drawing out lessons, the drawbacks that need to be addressed or avoided, and shaping the RoO of the AfCFTA to enhance the achievement of its objective of promoting intra-African trade.
{"title":"Designing Preferential Rules of Origin for the AfCFTA: Addressing Pre-Existing Challenges at the Regional Level","authors":"D. Ndonga, E. Laryea","doi":"10.3366/ajicl.2022.0420","DOIUrl":"https://doi.org/10.3366/ajicl.2022.0420","url":null,"abstract":"African countries are still negotiating the RoO for AfCFTA. Rules of Origin (RoO), a mechanism for determining the economic nationality of a product, are an essential part of international trade due to their use in the enforcement of preferential treatment of goods. AfCFTA member states seek to build upon RoO under their existing RECs. However, the design and implementation of RoO under the various RECs are seen as one of the obstacles to intra-Africa trade. This article examines the RoO of Africa’s key RECs, namely the EAC, COMESA, ECOWAS, SADC and the TFTA, with a view to drawing out lessons, the drawbacks that need to be addressed or avoided, and shaping the RoO of the AfCFTA to enhance the achievement of its objective of promoting intra-African trade.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46797096","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the major strategies usually employed by companies to avoid taxation in Nigeria is to shift their incomes or profits to their subsidiaries located in low or no tax countries, usually referred to as ‘tax haven countries’. This is a result of the globalisation of international trade which made it possible for companies to extend their businesses to countries other than where they are headquartered. Thus the article examines income and profit-shifting to tax haven countries, its international regulations as well as its regulations in Nigeria. The article found that Nigeria does not have an adequate legal framework to prevent companies from shifting incomes and profits to their tax haven subsidiaries. The article recommends that the Nigerian government should urgently put in place the necessary legal framework and administrative procedures to implement the Organisation for Economic Co-operation and Development (OECD) 15-Action Plan on Base Erosion and Profit Shifting (BEPS) in line with international best practices.
{"title":"Prevention of Income and Profit-Shifting to Tax Haven Countries in Nigeria","authors":"Hafsat Iyabo Sa’adu, A. Isau","doi":"10.3366/ajicl.2022.0424","DOIUrl":"https://doi.org/10.3366/ajicl.2022.0424","url":null,"abstract":"One of the major strategies usually employed by companies to avoid taxation in Nigeria is to shift their incomes or profits to their subsidiaries located in low or no tax countries, usually referred to as ‘tax haven countries’. This is a result of the globalisation of international trade which made it possible for companies to extend their businesses to countries other than where they are headquartered. Thus the article examines income and profit-shifting to tax haven countries, its international regulations as well as its regulations in Nigeria. The article found that Nigeria does not have an adequate legal framework to prevent companies from shifting incomes and profits to their tax haven subsidiaries. The article recommends that the Nigerian government should urgently put in place the necessary legal framework and administrative procedures to implement the Organisation for Economic Co-operation and Development (OECD) 15-Action Plan on Base Erosion and Profit Shifting (BEPS) in line with international best practices.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41907195","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On 7 August 2020, the President of the Federal Republic of Nigeria assented to the Companies and Allied Matters Bill which culminated in the Companies and Allied Matters Act of 2020. The new Act repeals the Companies and Allied Matters Act of 1990 which had been in operation for thirty years. The Act contains provisions that regulate the right of a party to institute an action for harm caused to a company by majority shareholders or directors, a principle of corporate law widely known as derivative suit. This article, therefore, examines the provisions of the Act. It argues that, unlike the 1990 Act, the provisions of the 2020 Act have achieved significant milestones in enhancement of the rights of minority shareholders, companies, directors and the roles of courts in shareholders’ derivative litigation. However, there are gaps in the Act which may threaten the utility of derivative suits in corporate governance in Nigeria. The article suggests a hybrid of reforms to the Act and useful guides to courts that will be beneficial to shareholder applicants, directors and corporations in derivative litigation.
{"title":"A Commentary on Shareholder Derivative Litigation under the Companies and Allied Matters Act of Nigeria 2020","authors":"Wiseman Ubochioma","doi":"10.3366/ajicl.2022.0426","DOIUrl":"https://doi.org/10.3366/ajicl.2022.0426","url":null,"abstract":"On 7 August 2020, the President of the Federal Republic of Nigeria assented to the Companies and Allied Matters Bill which culminated in the Companies and Allied Matters Act of 2020. The new Act repeals the Companies and Allied Matters Act of 1990 which had been in operation for thirty years. The Act contains provisions that regulate the right of a party to institute an action for harm caused to a company by majority shareholders or directors, a principle of corporate law widely known as derivative suit. This article, therefore, examines the provisions of the Act. It argues that, unlike the 1990 Act, the provisions of the 2020 Act have achieved significant milestones in enhancement of the rights of minority shareholders, companies, directors and the roles of courts in shareholders’ derivative litigation. However, there are gaps in the Act which may threaten the utility of derivative suits in corporate governance in Nigeria. The article suggests a hybrid of reforms to the Act and useful guides to courts that will be beneficial to shareholder applicants, directors and corporations in derivative litigation.","PeriodicalId":42692,"journal":{"name":"African Journal of International and Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45749768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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