<i>Aloysius V. Diamond Bank Plc</i>: Opening a New Vista on Security of Employment in Nigeria through the Application of International Labour Organisation Conventions
African Journal of International and Comparative Law, Jul 31, 2023
The propriety of mandatory arbitration in Nigeria <i>vis-à-vis</i> the doctrine of voluntariness: the imperativeness of charting a new course
Examining the Propriety of Section 84(1) of the Sheriffs and Civil Process Act of Nigeria from the Lens of the Supreme Court’s Decision in Central Bank of Nigeria V Insterstella Com Ltd
Journal of Comparative Law in Africa
Where a person has litigated a case against anybody or the government and judgment is given in mo... more Where a person has litigated a case against anybody or the government and judgment is given in monetary value, where the judgment debtor fails to voluntarily settle the judgment sum, the judgment creditor must enforce the judgment. In enforcing the judgment which is usually via garnishee proceedings, the Sheriff and Civil Process Act (SCPA) provides that the consent of the Attorney General (AG) must be sought and obtained once the funds to be used in satisfying the judgment are in the possession of the public officer. This paper, while underscoring the rationale for this prerequisite, examines its propriety vis-à-vis the finality of a court judgment, by adopting doctrinal methodology. It raises the question that since the AG’s consent is to be sought and same can be denied, what option, if any, is open to a person after such denial? Can a mandamus be used to compel the AG to consent, seeing that the giving of consent is not a duty to be performed but a discretion? The paper argues t...
The National Industrial Court of Nigeria (NICN) in David Achika & Ors. v. N.K.S.T. Hospital Mkar ... more The National Industrial Court of Nigeria (NICN) in David Achika & Ors. v. N.K.S.T. Hospital Mkar & Anor adopted the expressio unius est exclusio alterius rule of interpretation and held that a Special Adviser (SA) on legal matters appointed on a permanent basis, with salary is not prohibited from engaging in private law practice while serving because he is not a public officer (PO) within the framework of part 2 of Code of Conduct for Public Officers (CCPO). This paper, through doctrinal method, reviews this decision by examining the propriety of permitting a Special Adviser on full-time basis and remuneration to engage in private law practice (PLP). It interrogates the nuances of permanent employment/engagement and argues that while an SA is not mentioned in Part 2 of the CCPO, engagement in PLP fosters divided attention despite being remunerated on full-time basis and it is a detraction from the notion of full-time employment/engagement. It further contends that engagement in PLP ...
This article adopts desk-based methodology in interrogating the issue of HIV related employment t... more This article adopts desk-based methodology in interrogating the issue of HIV related employment termination in Nigeria, focusing on the National Industrial Court of Nigeria (NICN) decision in Akinola v. Ocean Marine Solutions Ltd. It examined international and domestic legal frameworks on the subject, the human rights affected by such termination, the impact of the decision taken on the protection of the human cum employment rights of employees living with HIV/AIDS and the response of the NICN to the quagmire. It observed that the quantum of damages awarded by the NICN cannot achieve deterrence. It recommends how to eradicate HIV related employment termination in Nigeria.
The advent of Covid-19 has led to the inability of parties fulfilling their commercial and contra... more The advent of Covid-19 has led to the inability of parties fulfilling their commercial and contractual obligations. This inability has led to disputes and has negatively affected the financial fortune of many persons and businesses so that they may not afford or solely bear the cost of funding arbitration. To ensure that parties' intention to arbitrate their disputes is not frustrated, Third-party funding (TPF), an acceptable practice in jurisdictions such as the United Kingdom (UK), Singapore, and Hong Kong, is a possible solution. Unfortunately, TPF is unknown to Nigerian law as it offends the common law doctrines of champerty and maintenance. This article, through a doctrinal methodology, examines the legislative effort towards institutionalising TPF in Nigeria and the ethical concerns advanced against it. The article argues that these concerns are more imaginary than real. Hence, they ought not to deter the adoption of TPF in Nigeria for intra-and post-Covid-19 funding of arbitration.
Enforceability of Employment Bond Agreement under Nigerian Labour Jurisprudence
Eastern Africa Law Review
This article through doctrinal methodology, examines the enforceability of employment bond agreem... more This article through doctrinal methodology, examines the enforceability of employment bond agreement under Nigeria’s labour jurisprudence by highlighting its meaning, types and the justifications for bonding employees. It also examines the practice in India and draw lessons for Nigeria. It discusses the nexus between employment bond and restraint of trade and also, the employee’s right of resignation vis-à-vis employment bond agreement. It dilates employment bond against the backdrop of the doctrine of equality. The paper found that bond agreement are generally lawful under Nigerian labour jurisprudence however, insertion of certain terms, will render same unenforceable. Also, bond agreement is not expressly regulated by the labour legal regime but contract. It argues that non-financial bond agreement that have onerous, unconscionable, unequitable terms, especially in the academia, should be rendered unenforceable ab initio. The paper makes vital recommendation towards regulating th...
Lack of Protection for Whistleblowers at the Workplace in Nigeria: Drawing Lessons from Selected Jurisdictions
PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)
The Nigerian government has created anti-corruption agencies, such as the Economic and Financial ... more The Nigerian government has created anti-corruption agencies, such as the Economic and Financial Crimes Commission and the Independent Corrupt Practices and other related offences Commission (ICPC), to contend with corruption. In 2015, the Federal Ministry of Finance introduced the whistleblowing policy. The policy enables corrupt practices in any workplace, either private or public, to be exposed. However, following the policy, there is no legal framework for the implementation nor protection of the whistleblower. This article adopts doctrinal and comparative methodology to examine the utilitarian values and the propriety of whistleblowing vis-à-vis the employee’s obligation to act in good faith under Nigeria’s labor jurisprudence. It relies on primary and secondary data. It discusses the challenges confronting whistleblowing at the workplace in Nigeria. It also examines the practice in Britain, India, South Africa, and Ghana to be compared with Nigeria. It reveals that whistleblow...
Contract of employment is an agreement, written or oral between an employer and employee with def... more Contract of employment is an agreement, written or oral between an employer and employee with definite terms and condition pursuant to which the employee offers to work for the employer in return for remuneration. It is the basis upon which the employer-employee relationship revolves. This contract bequeaths both rights and liabilities on both parties. One of the unfettered rights of the employer is the right to discipline an erring employee. Where the contract is explicit on the procedure for discipline, same must be followed religiously and even where there is none, fair hearing must be complied with. Often, either as a precursor to seamless investigation, or as punishment thereafter, it is very common for the employer to suspend the employee either for a specified period of time or indefinitely. The exercise of this right raises certain issues. Some of which are; what is the effect of suspension on the contract of employment? Can an employer validly suspend an employee where the contract of employer does not provide for suspension or is suspension an inherent right of an employer? What is the propriety of placing an employee on indefinite suspension? Does suspension keep at abeyance the performance of the employees' duties or the status of being an employee? Should a suspended employee not be entitled to remuneration during the period of suspension? What is the difference
Whatsapp and Telephone Calls as Suitable Media of Service of Hearing Notice in Nigeria: Reviewing The Supreme Court Decision in Compact Manifold & Energy Services Ltd v Pazan Services Nig Ltd
Journal of Law, Society and Development
This article uses the desk-based methodology to appraise the Supreme Court decision in Compact Ma... more This article uses the desk-based methodology to appraise the Supreme Court decision in Compact Manifold & Energy Services Ltd v Pazan Services Nig Ltd. In the case, the court held that the service of hearing notice through a text message by the registry of a court to a phone number supplied by the counsel, in this age of prevalence of information technology, is good and sufficient notice of an adjournment. The article argues that, while information technology is dominant, sending a text message, without evidence of its delivery, does not constitute service. It goes further to argue that even if the text is sent, it is common for its delivery to fail or for it to be delayed inordinately due to an unstable network. Even where the text message is delivered, the possibility of the counsel not seeing it cannot be ruled out. Thus, a text message, in a clime with unsteady mobile telecommunication services, may not be a proper medium of service. The article concludes by maintaining that whe...
The outbreak of Covid-19 in Nigeria and the need for its curtailment, led the government to take ... more The outbreak of Covid-19 in Nigeria and the need for its curtailment, led the government to take drastic safety measures. Some employers have resorted to remote working which made apparent, the lack of usefulness of certain categories of workers. Some employers subsequently resorted to unilateral termination of employment, pay cuts, redundancy declaration, asking workers to proceed on leave with or without pay, no work, no pay, and alteration of contracts of employment, all in a bid to remain afloat. Most of these measures, aside not meeting up to minimum best practices, are at variant with the socio-economic aspect of employment relations as they have exposed the affected workers and their dependants to hardship. This paper adopts a desk-based methodology in examining the effects of covid-19 on employment relations in Nigeria by interrogating the proprietary of cost-cutting measures adopted by employers to weather the storm of covid-19 and their socio-economic effects on the workfo...
Children being vulnerable, have special protection under the law through their parents or guardia... more Children being vulnerable, have special protection under the law through their parents or guardian who are responsible for them; and make decisions for them because they lack legal capacity. One of these decisions a parent/guardian makes is determining the religion of a child. Once the parent/guardian chooses the religion of the child, the child may become bound by its practices throughout childhood. While the right of parents to determine the religion of their children is recognised by domestic, regional and international laws, the way courts in Nigeria treat this recognition suggests that the right is not absolute. This paper adopts the doctrinal methodology in interrogating the extent to which Nigerian Courts permit the observation by a child of the religious practices of his/her parent in relation to submission to medical treatment in order to protect the child’s right to life. This paper argues that law and morality are media of social control but have their convergence and div...
Territorial jurisdiction of the National Industrial Court of Nigeria (NICN) and therequirement of endorsing originating processes under the Sheriffs and Civil Process Act (SCPA) determined
Journal of Comparative Law in Africa
When a case is filed at the National Industrial Court of Nigeria (NICN), apart from its Civil Pro... more When a case is filed at the National Industrial Court of Nigeria (NICN), apart from its Civil Procedure Rules, the service of originating processes in Nigeria is regulated by the Sheriffs and Civil Process Act (SCPA), just as in all other courts under the 1999 Constitution of the Federal Republic of Nigeria (1999 CFRN). The SCPA requires that, when an originating process is issued in one State but is to be served in another, there must be an endorsement on the process disclosing this fact, or else the service shall be rendered void. Is this requirement of the SCPA applicable to the NICN, and what effect does it have on its efficiency, given that the NICN is a specialised court dealing with matters requiring expeditious settlement, free of technicalities? This article, using doctrinal methodology, will catechise the territorial jurisdiction of the NICN vis-à-vis the SCPA on endorsement of originating processes by appraising the Court of Appeal’s decision in Johnson v Eze where it hel...
African Journal Of Law And Human Rights, Jun 29, 2019
Unarguably, arbitration has become a universally acceptable means of settling commercial disputes... more Unarguably, arbitration has become a universally acceptable means of settling commercial disputes which offers several advantages than litigation. In Nigeria, several legal and institutional efforts are being put in place to encourage the development of arbitration as a compliment to litigation despite several drawbacks. If arbitration would develop in Nigeria to an enviable height, the role of the judiciary cannot be overemphasized as the court plays vital roles before, during and after the arbitral proceedings. This paper through doctrinal research methodology, critically appraises the Supreme Court's decision in the case of Mainstreet Bank Capital Ltd. v. Nigeria Reinsurance Corporation Plc by highlighting its implications on the development of arbitration in Nigeria. It identifies landmines that a person seeking stay of proceedings pending arbitration and drafting an arbitration clause/agreement, must note to avoid having a party litigates disputes intended to be arbitrated. The paper found the decision has re-echoed the point that an arbitration agreement in a contract; does not oust the jurisdiction of a court but merely suspends it. The paper recommends for the immediate review of the Arbitration and Conciliation Act 1988 to incorporate the developmental strides in the judgment and urges arbitration practitioners especially lawyers to subscribe to professional training for skill enhancement and professionalism.
The Imperative of Engendering an Egalitarian Legal Framework for the Protection of Female Employees’ Rights in Nigeria
African Journal of Legal Studies, 2022
This article through doctrinal approach, examines both international and domestic legal framework... more This article through doctrinal approach, examines both international and domestic legal frameworks (International Labour Organization Equal Remuneration Convention 1951, Discrimination (Employment and Occupation) Convention 1958, Maternity Protection Convention 1952, Beijing Declaration, Universal Declaration of Human Rights, 1948, African Charter on Human and Peoples Rights, 1988, Protocol to the African Charter on Human and People’s Rights on the Right of Women in Africa, Convention on the Elimination of all forms of Discrimination against Women, 1999 Constitution, Employee Compensation Act, etc that protect female employees rights in Nigeria. It discusses “right” and general employees’ rights in Nigeria howbeit tangentially. It discusses Nigeria’s female employees’ rights and evaluates the laws on general employees’ rights and found that, the vulnerability and peculiarities of female employees, precipitated by their multiple roles in not well recognized and protected under Nigeri...
Interrogating the National Industrial Court Strides towards Attaining Safe Workplace for Nigeria’s Female Workers
BiLD Law Journal, Jun 21, 2021
Female employees constitute part of the labour force in Nigeria and are regarded as part of the v... more Female employees constitute part of the labour force in Nigeria and are regarded as part of the vulnerable group. This makes them to deserve special protection under domestic and international legal instruments. Despite the legal protection, they suffer various vices ranging from sexual harassment, work place victimization, chauvinist intimidation, lack of equal employment opportunities, career growth prospects, etc. Over the years, the National Industrial Court of Nigeria (NICN) has taking a protectionist stance at female employees&#39; rights in Nigeria. This paper through doctrinal methodology, examines the extent which the NICN has advanced the frontiers of female employee&#39;s rights in Nigeria through its judgments. It highlights domestic and international legal instruments on the protection of female employees in Nigeria and identify the gender gaps in the domestic laws. The paper found out that the NICN has recognized the depravity of female employees in Nigeria and has through judicial activism, struck down several vicious employment practices against female employees. However, the inadequacy and obsoleteness of the domestic laws, level of compliance by employers with these judgments is poor, and there is lack of awareness. The paper concludes by making vital recommendations towards solving the identified problems.
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