Insights

Nov 2021 PUBLICATIONS

On 28 October 2021, the National Pension Commission (the “Commission”) announced the introduction of the Non-Interest Fund (Fund VI) (the “Non-Interest Fund “) and issuance of its Operational Framework for the Non-Interest Fund (Fund VI) (the “Operational Framework”). The introduction of the Non-Interest Fund is in furtherance of the Commission’s objective to provide diverse investment …

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Oct 2021 PUBLICATIONS

Corporate organisations typically require capital on a recurring basis for the purpose of financing their business objectives and projects, and one of the ways by which such organisations raise funding is through the issuance of financial instruments. Companies may choose, subject to applicable laws and regulations, to issue equity instruments (e.g., shares and stocks), debt …

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Sep 2021 PUBLICATIONS

The Securities and Exchange Commission (“SEC” or the “Commission”) on 30 August 2021 introduced new rules to the provisions on mergers, takeovers, and acquisitions (the “New Rules”), amending the provisions of the SEC Rules and Regulations 2013 (as amended) (the “SEC Rules”). The New Rules contain provisions pertaining to certain forms of business divestitures such …

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Sep 2021 PUBLICATIONS

On Monday, 9 August 2021, the Federal High Court (FHC), Port Harcourt Division, declared that the Rivers State Government (and not the Federal Inland Revenue Services (FIRS)) is empowered to collect Valued Added Tax (VAT) and Personal Income Tax (PIT) in the State (the “Rivers State VAT Decision”). Background of the Case The Attorney-General of …

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Aug 2021 PUBLICATIONS

On 17 August 2021, NITDA issued a press release stating that it had imposed a monetary sanction of ₦10,000,000 (Ten Million Naira), amongst other penalties, on an online lending platform, Soko Lending Company Limited (Soko Loans), for privacy invasion. These penalties were imposed on Soko Loans due to NITDA receiving a series of complaints against …

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Aug 2021 PUBLICATIONS

Background and Introduction of the Petroleum Industry Act, 2021 On 16 August 2021, the President of the Federal Republic of Nigeria assented to the Petroleum Industry Act, 2021 (the “Act”). The key objective of the Act is to restructure and transform the Nigerian oil and gas industry. The Act provides legal, governance, regulatory and fiscal …

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Aug 2021 NEWSLETTERSPUBLICATIONS

Introduction On 13 August 2021, the Central Bank of Nigeria (the “CBN”) issued an exposure draft of the risk-based cybersecurity framework guidelines for other financial institutions (“OFIs”) in Nigeria (the “Draft Guidelines”). The Draft Guidelines have been issued further to the CBN’s effort to strengthen the cyber resilience of OFIs especially following the increase in …

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Aug 2021 NEWSLETTERSPUBLICATIONS

On the 4th of August 2021, the Central Bank of Nigeria (the “CBN”) issued an exposure draft of the guidelines for the regulation and supervision of credit guarantee companies (“CGC”) in Nigeria (the “Draft Guidelines”). The Draft Guidelines have been issued further to the CBN’s effort to improve access to lending for micro, small, and …

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Aug 2021 PUBLICATIONS

Over the past two years, as Nigeria grapples with the economic challenges arising from the global recession of 2018 and the covid-19 pandemic, Nigeria’s fiscal and monetary regulators have sought to deploy a number of economic and regulatory tools or interventions with the objective of stabilising the economy, facilitating and improving access of the real …

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Jun 2021 PUBLICATIONS

Introduction In the Nigerian judicial system, garnishee proceedings are a commonly used means of executing monetary judgments. The process is governed primarily by the Sheriffs and Civil Process Act[1] (“SCPA”) and involves applying to the court for an order, commonly known as a garnishee order absolute, attaching the money of a judgment debtor in the …

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Jun 2021 NEWSLETTERSPUBLICATIONS

Open banking was first implemented in the United Kingdom through the revised Payment Services Directive (PSD2) and Open Banking Standard in 2018 and since then several jurisdictions around the world have begun to adopt their own approaches to open banking.[1] In line with its mandate to promote the stability and deepening of the financial system, …

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Jun 2021 PUBLICATIONS

INTRODUCTION Since the publication by the Fédération Internationale des Ingénieurs Conseils (“FIDIC”) of the 2017 Edition of the FIDIC Suite of Contracts, there have been discussions about its key features and how they differ from those of the 1999 FIDIC Suite of Contracts. Many commentators have pointed out the distinction between the notification and claims …

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Apr 2021 NEWSPUBLICATIONS

The Companies and Allied Matters Act, 2020 (“CAMA 2020”) has changed the previous provisions in the repealed CAMA on the composition of the statutory audit committee for public companies. In the repealed CAMA, the composition of the audit committee of public companies was six (6) members with an equal number of shareholders and directors. However, …

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Apr 2021 PUBLICATIONS

In a bid to streamline the taxes and levies collectable by each tier of government within the Nigerian federation and also provide a legal regime to check arbitrary imposition of taxes and levies on individuals and businesses, the then Head of State, General Abdulsalami Abubakar, promulgated the Taxes and Levies (Approved List of Collection) Decree …

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Jan 2021 PUBLICATIONS

Real Estate Investment Trusts (“REITs”) play a critical role in providing capital to bridge the real estate deficit while also providing investors with the opportunity of benefiting from large and diversified holdings of real estate. Notwithstanding the opportunities available in the sector, the Nigerian REIT market remains underutilised and underdeveloped. This assertion gains credence from …

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Sep 2020 PUBLICATIONS

In August 2020, the Central Bank of Nigeria (“CBN”), whose mandates includes the performance of major developmental functions that are focused on the key sectors of the Nigerian economy (i.e. financial, agricultural and industrial sectors) released the Framework for the Implementation of Intervention Facility for the National Gas Expansion Programme (the “Programme”). The objectives of …

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Sep 2020 PUBLICATIONS

On 14 September 2020, the Securities and Exchange Commission (“SEC” or the “Commission”) published an official statement on its website communicating its position on the regulation of digital assets (also referred to as crypto assets) in Nigeria (the “Statement”) By virtue of the Statement, the SEC has taken the view that unless proven otherwise, crypto …

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Sep 2020 PUBLICATIONS

The enactment of the Finance Act in January 2020 has been heralded as a milestone event due to the far-reaching amendments it made to several tax statutes. The Stamp Duties Act[1] is one of the tax statutes amended by the Finance Act – the first amendment since the law was enacted in 1939. The main …

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Sep 2020 PUBLICATIONS

It is elementary law that parties are bound by the provisions of the contract or agreement which they have voluntarily entered. This typifies the doctrine of the sanctity of the contract. Consequently, the court is bound to construe only the terms of the contract in the event of an action arising therefrom. This is because the …

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Aug 2020 PUBLICATIONS

It appears that some form clarity has now been provided by the recent pronouncement of the Executive Vice Chairman of the Nigerian Communications Commission (the ”NCC”), Prof. Umar Garba Danbatta, on the erstwhile controversial charges for USSD billing. As with most controversies, the commercial terms became a big issue between the Mobile Network Operators (MNOs) …

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Aug 2020 PUBLICATIONS

The President on Friday 7, August 2020 signed into law the Companies and Allied Matters Bill, 2020. The new Companies and Allied Matters Act 2020 (the Act) repeals and replaces the extant Companies and Allied Matters Act, 1990. Some of the provisions of the Act include the following: Private companies (including foreign-owned private companies) can …

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Jul 2020 COVID-19NEWSLETTERSPUBLICATIONS

Significantly, the pandemic offers an opportunity for Nigeria to build her e-sports. Following the outbreak of COVID-19, there has been an alarming increase in the use of internet technologies in varying sectors, the sports sector inclusive. These include e-payment services, video conferencing technologies, cloud services and video streaming platforms. In the sports industry, Over-the-top (OTT) …

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Jun 2020 PUBLICATIONS

On 30 January 2019, the President of the Federal Republic of Nigeria assented to the Federal Competition and Consumer Protection Act (the FCCP Act). Prior to the enactment of the FCCP Act, Nigeria had no comprehensive competition legislation that dealt with antitrust, abuse of dominant position and merger control issues. The regulation of merger control …

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Jun 2020 PUBLICATIONS

Open banking (i.e. the authorised provision of consumer banking data to third parties through application programming interfaces) looks set to drive innovation and competition in the banking sector to the benefit of customers. However, the financial services industry should be aware of the potential risks associated with opening banking, including market concentration, data compliance concerns, …

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May 2020 COVID-19NEWSLETTERSPUBLICATIONS

The outbreak of the novel coronavirus (COVID-19) and the race by scientists all over the world to find a cure has sparked-off several issues and debates in many areas of law such as Labour/Employment law, Aviation law and Contract law amongst others. Intellectual Property (IP) Law is equally not spared as the race for a …

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May 2020 COVID-19NEWSLETTERSPUBLICATIONS

Since the onset of the COVID-19 pandemic in Nigeria, business organisations have been considering how best to respond to its impact. Where contractual obligations have become impossible, businesses have looked to force majeure and (where applicable) frustration in order to suspend performance or terminate the contract in its entirety. However, for many businesses, the impact …

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May 2020 PUBLICATIONS

Nigerian jurisprudence generally allows the joinder of a person as co-plaintiff or co-defendant to a suit pending before a court of first instance. Thus, under most of the rules of the courts of first instance, an application may be made by a party to a suit for the joinder of another person as a co-plaintiff …

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May 2020 COVID-19NEWSLETTERSPUBLICATIONS

In Nigeria, the effects of the COVID-19 pandemic in relation to projects may arise as a result of: (i) regulatory pronouncements by federal and state governments restricting movements, shutting business operations (including construction activities as in the case of Lagos State) and imposing health and safety measures to contain the spread of the virus such …

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May 2020 COVID-19NEWSLETTERSPUBLICATIONS

The COVID-19 pandemic has resulted in the increased processing of health data globally. We have discussed below some data privacy issues organisation should be considering in light of the COVID-19 crisis in Nigeria. What type of information can be collected from individuals relating to COVID-19 that is likely to be considered personal data under Nigerian …

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Apr 2020 COVID-19NEWSLETTERSPUBLICATIONS

The novel coronavirus pandemic (“Pandemic” or “COVID-19”) has impacted businesses and communities around the globe. Countries have announced varying levels of restrictions on the movement of people and trade and borders have been closed to all but essential travel. In a bid to contain the spread of COVID-19 in Nigeria, the Federal Government recently issued …

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Apr 2020 COVID-19NEWSLETTERSPUBLICATIONS

The COVID-19 pandemic has both global health and economic implications. It has been predicted that the effect of COVID-19 pandemic on the global economy may be far worse than the 2008 Global Recession. The global shutdown of borders and restriction of movement by Governments around the world has impacted businesses, large and small. In these …

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Apr 2020 PUBLICATIONS

Intellectual property (IP) pertains to creations of the human intellect, it comprises majorly of patents, industrial designs, copyright and trademark. IP right provides exclusive rights to the owners, proprietors, inventors and creators of works/innovation in order to reap commercial benefits and fully utilize from their creative efforts or reputation for a given period. It is …

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Apr 2020 COVID-19NEWSLETTERSPUBLICATIONS

Nigeria has adopted strict measures at both national and state levels to curb the spread of the COVID-19 disease. These measures include the total or partial restriction of movement and social distancing rules which have had a severe impact on the ability of companies to comply with corporate governance rules and statutory requirements of regulatory …

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Apr 2020 COVID-19NEWSLETTERSPUBLICATIONS

In response to COVID-19, various policies and regulatory measures have been introduced by the Federal Government of Nigeria (FGN) and its agencies (such as the Department for Petroleum Resources (DPR)), and by various state governments. We highlight below some of the key developments which should be borne in mind by companies active in this sector. …

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Apr 2020 COVID-19NEWSLETTERSPUBLICATIONS

It is common in Nigeria, particularly in the banking and oil & gas sectors, to see labour contractors recruit workers and deploy them to third parties in furtherance of labour supply agreements. This practice, which appears to be recognised globally, creates a ternary labour relationship between the labour contractor, the end-user, and the employee who …

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Apr 2020 COVID-19NEWSLETTERSPUBLICATIONS

The world is in the middle of a global health crisis. This has resulted in significant adverse conditions for businesses around the globe. One of the most significant consequences for the oil and gas sector is the triggering of an oil price war following disagreements about production cuts amidst the significant decline in the demand …

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Apr 2020 COVID-19NEWSPUBLICATIONS

As some key states in Nigeria enter into the fourth week of lockdown due to the COVID-19 Pandemic, different sectors are considering the impact of the pandemic and various regulatory interventions on their operations. In the financial services sector, while some corporates could potentially be looking to banks for funding to bridge liquidity gaps, lenders …

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Apr 2020 COVID-19NEWSPUBLICATIONS

CBN Regulatory Interventions The CBN has made a number of interventions to mitigate the economic impact of the pandemic. These interventions include the creation of a N50 billion credit facility targeted at households and SMEs affected by the pandemic, a N100 billion credit facility specifically aimed at the healthcare sector to meet potential increased demand …

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Apr 2020 COVID-19NEWSNEWSLETTERSPUBLICATIONS

Nigeria has adopted strict measures at both national and state levels to curb the spread of the COVID-19 disease. These measures include the total or partial restriction of movement, social distancing rules and the suspension of court sittings across the Federation, except for urgent, essential and time bound matters. These measures have had a severe …

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Apr 2020 PUBLICATIONS

The Nigerian Court of Appeal on 25 July 2017 delivered a landmark decision which has introduced some significant changes to the long-established litigation regime in Nigeria, specifically in the context of claims arising from crude oil spillage. Before this decision, it was legally permissible for litigants seeking financial compensation in Nigerian courts for injuries they …

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Dec 2019 PUBLICATIONS

One of the significant developments in arbitration witnessed in Rivers State of Nigeria in 2019 was the enactment of Rivers State Arbitration Law (the Law). The Law applies to arbitration in Rivers State except where the parties expressly agree that another arbitration law will apply. Consistent with the principle of party autonomy in arbitration, parties …

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Oct 2019 PUBLICATIONS

Introduction Limitation laws prescribe the period within which an aggrieved party can initiate an action to enforce a legal right. These laws seek to encourage parties to enforce their legal rights timeously and to avoid stale claims. There are several justifications for limitation laws. However, two of such justifications are prominent. The first is that …

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Sep 2019 PUBLICATIONS

Prior to the enactment of the Electric Power Sector Reform Act, 2005 (“EPSRA” or the “Act”), the methodology for setting electricity prices in Nigeria had been vague and uncertain. One of the primary reforms that the Act introduced was to empower the Nigerian Electricity Regulatory Commission (“NERC”) to develop a cost-reflective tariff regime for the …

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Mar 2019 PUBLICATIONS

The National Housing Fund (Establishment) Bill (the “Bill”) 2018, passed by both houses of the National Assembly, was on 18 February 2019 transmitted to the Office of the President for Presidential Assent. The Bill, if signed into law, will repeal and replace the extant National Housing Fund (Establishment) Act Cap N45 Laws of the Federal …

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Jul 2018 PUBLICATIONS

There are two Bills currently pending before the National Assembly proposing amendments to the Personal Income Tax Act (as amended) 2011. 

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Jun 2018 PUBLICATIONS

After years spent in recession, Nigeria is now starting to see some upward movement in its GDP numbers. Such positive economic indicators offer good opportunities for investors. It is a nation that is fully focused on growing its economy. 

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Jun 2018 PUBLICATIONS

Companies in the European Union (the “EU”) have been preparing for 25 May 2018, the much anticipated date when the EU’s General Data Protection Regulation (“GDPR”) became effective. 

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Mar 2018 PUBLICATIONS

The Lagos State House of Assembly recently passed the Lagos State Electric Power Sector Reform Law (the “Law”) and same has since been assented to by the Lagos State Governor. The Law essentially aims to boost electricity supply in Lagos State (the State) through the establishment of an embedded power scheme and the creation of offences for energy theft. 

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Feb 2018 PUBLICATIONS

The 2015/2016 global crash in the price of crude oil caused a severe shock to the Nigerian economy, reliant as it is on this commodity for most of its foreign exchange earnings.

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Jan 2018 PUBLICATIONS

The Trademarks, Patents and Designs registry has escalated efforts to ensure that business owners and stakeholders alike have their needs met especially with respect to the publication of trademark application. The registry published Trademark Journals Vol.2 No. 1 on 24th November, 2017, Vol.3 No. 1 on 11th December 2017 and Vol. 4 No. 1 on 15th December 2017. 

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May 2017 PUBLICATIONS

This Banking Regulation guide provides a high level overview of the governance and supervision of banks, including legislation, regulatory bodies and the role of international standards, licensing, the rules on liquidity, foreign investment requirements, liquidation regimes and recent trends in the regulation of banks.

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Mar 2017 PUBLICATIONS

Following the success of the INTA first regional meeting in Africa titled “Building Africa with Brands”, held in Cape Town, South Africa, INTA has introduced the Roundtable (usually hosted in U.S cities) to Africa for the first time. The Africa roundtable committee members were drawn from Nigeria, South Africa and Kenya. The members are Uche Nwokocha (chair), Simon Brown, Afam Nwokedi, Lara Kayode, and John Syekei.

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Nov 2016 PUBLICATIONS

The Financial Reporting Council (“FRCN”) of Nigeria on the 17th of October 2016 issued a three-in-one National Code of Corporate Governance (“NCCG”), which seeks to provide regulations on corporate governance as it relates to, public and private companies registered under Nigerian law as well as Nigerian public entities.

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Aug 2016 PUBLICATIONS

Since the discovery of petroleum in Nigeria in 1956 at Oloibiri in the Niger Delta region of the country, the Nigerian Government has invested extensively in the oil and gas sector leading to the country’s dependence on the proceeds of petroleum exports, which account for about 90% of its gross earnings. 

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Aug 2016 PUBLICATIONS

The effective means standard defined in the cases of Chevron Corporation and Texaco Petroleum Company v The Republic of Ecuador (‘Chevron’) and White Industries Australia Limited v Republic of India (‘White Industries’ )is increasingly relied upon by investors encountering inordinate delays and disconcerting confusion in the judicial system of a host state.

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Jul 2016 PUBLICATIONS

Nigeria offers protection for a range of intellectual property rights including copyrights, trademarks, patents and designs. Being largely an importer of technology and finished products, trademark rights remains the most significant…

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Oct 2015 PUBLICATIONS

Nigeria is Africa’s most populous nation with a population of over 170 million people. Of these, it is estimated that less than 50% currently have access to electricity supply. Where access to electricity is available, a full day of uninterrupted electricity is not guaranteed.

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Aug 2015 PUBLICATIONS

As part of its ongoing attempts at stabilizing the value of the Naira as against other foreign currencies, the Central Bank of Nigeria (CBN) issued a circular to all Nigerian banks on the 4th of August 2015, prohibiting Nigerian banks from granting foreign currency loans to customers who solely generate Naira denominated revenues from their businesses.

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Jul 2015 PUBLICATIONS

On 7th April, 2015, the President of the National Industrial Court of Nigeria (‘NIC’) made 2 (two) subsidiary instruments with commencement dates of 6th April, 2015,

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May 2015 PUBLICATIONS

We are happy to come back to our readers with an update on current happenings in our jurisdiction, firstly, our brand new government.

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Apr 2015 PUBLICATIONS

In a bid to install and improve on an anti-money laundering regime in Nigeria and fight the financing of terrorism, the Money Laundering (Prohibition) Act 2011 (“the 2011 Act”) was enacted.

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Mar 2015 PUBLICATIONS

In 2014, a significant level of mergers and acquisitions (“M&A”) was recorded in various sectors of the Nigerian economy. The sectors included banking, oil and gas, food and beverages, power, insurance and manufacturing.

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Mar 2015 PUBLICATIONS

We bring to you the first edition of our bi-monthly publication for 2015. What appeared from the on-set to be a busy year has since waned as a result of the uncertainty with Nigeria’s general election.

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Feb 2015 PUBLICATIONS

In two consolidated appeals argued by a team from Aluko & Oyebode led by Chukwuka Ikwuazom, a tax partner in the firm, the Tax Appeal Tribunal (the “Tribunal”) on 12 February 2015 set aside assessments of additional Petroleum Profits Tax (PPT) and Education Tax (EDT) in the cumulative sum of US$166.1 Million which had been issued by the Federal Inland Revenue Service (“FIRS) on an international oil company (the “Appellant”)  on the alleged basis that the Appellant wrongly calculated the balancing charge due on the disposal of its undivided participating interests in certain oil mining leases (“OMLs”).

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Feb 2015 PUBLICATIONS

It is no doubt that the rebasing of a country’s Gross Domestic Product (GDP) firms up its position, as it helps improve the country’s economic profile amongst foreign portfolio investors and foreign direct investors.

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Jan 2013 PUBLICATIONS

Under the common law as applicable in Nigeria, parties to a contract are free to determine the law that will govern their contractual obligations. Such choice must be bona fide and legal and there must not be any reason to avoid the choice on the ground of public policy. Even where the seller and the debtor are resident within Nigeria and the transaction that gives rise to the receivables and the payment of the receivables takes place in Nigeria, the foregoing principle will apply. However, the mandatory provisions of Nigerian law would continue to apply to the contract.

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Oct 2012 PUBLICATIONS

The Petroleum Industry Bill (the “PIB” or the “Bill”) is perhaps the most talked about piece of legislation in Nigeria ever, given the far reaching reforms which it proposes to an industry which is the single most significant contributor to the national economy. Originally introduced in December 2008, the Bill has undergone numerous revisions and has been the subject of intense debate from stakeholders.

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Oct 2012 PUBLICATIONS

The Petroleum Industry Bill (the “PIB” or the “Bill”) is perhaps the most talked about piece of legislation in Nigeria ever, given the far reaching reforms which it proposes to an industry which is the single most significant contributor to the national economy. Originally introduced in December 2008, the Bill has undergone numerous revisions and has been the subject of intense debate from stakeholders.

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Feb 2012 PUBLICATIONS

A Trademark is a major platform or format by which product owners project into streams of commerce, goods and services.

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Jan 2012 PUBLICATIONS

Aluko & Oyebode achieves 18 listings across the following nine section of its practice in the recent release of the Who’s Who Legal Awards.

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May 2010 PUBLICATIONS

Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through – Public Procurement 2010 (published in April 2010; Contributing Editor Hans-Joachim Prieß, Freshfields Bruckhaus Deringer). For further information please visit www.GettingTheDealThrough.com

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Dec 2008 PUBLICATIONS

This article appeared in the 1st edition of The International Comparative Legal Guide to: Public Procurement; published by Global Legal Group Ltd, London (www.iclg.co.uk) authored by Gbenga Oyebode and Olubunmi Fayokun

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May 2008 PUBLICATIONS

Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through – Public Procurement 2008, (published in May 2008 – contributing editor: Hans-Joachim Prieâ). For further information please visit www.gettingthedealthrough.com

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Oct 2007 PUBLICATIONS

PROPOSED UNIFORM STATE ARBITRATION AND CONCILIATION BILL. ARRANGEMENT OF SECTIONS. PART 1

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Oct 2007 PUBLICATIONS

Amended report from the National Committee on the Reform and Harmonisation of Arbitration and ADR Laws in Nigeria

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Oct 2007 PUBLICATIONS

Acknowledgements from the members of the National Committee on the Reform of Nigeria’s Arbitration and ADR Laws

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Mar 2007 PUBLICATIONS

This article appeared in the 2007 edition of The International Comparative Legal Guide to: Gas Regulation; published and reproduced with kind permission by Global Legal Group Ltd, London and authored by Gbenga Oyebode and Kofo Dosekun

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Jan 2007 PUBLICATIONS

“This article first appeared in the 2007 edition of The International Comparative Legal Guide to: PFI / PPP Projects; published by Global Legal Group Ltd, London (www.iclg.co.uk) authored by Gbenga Oyebode and Oghogho Makinde”

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Jun 2006 PUBLICATIONS

This article appeared in the 2006 edition of The International Comparative Legal Guide to: Intnl Arbitration 2006 ; published and reproduced with kind permission by Global Legal Group Ltd, London and was authored by Babatunde J Fagbohunlu and Mark Mordi

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May 2006 PUBLICATIONS

This article appeared in the 2006 edition of The International Comparative Legal Guide to: Gas Regulation; published and reproduced with kind permission by Global Legal Group Ltd, London

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May 2006 PUBLICATIONS

This article appeared in the 2006 edition of The International Comparative Legal Guide to: Environmental Law 2006 ; published and reproduced with kind permission by Global Legal Group Ltd, London and was authored by Oghogho Makinde, Bukola Ayanbule

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Oct 2004 PUBLICATIONS

A co-publication of the World Bank, the International Finance Corporation and Oxford University Press. Aluko & Oyebode was involved in providing information towards the publication.

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