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- ItemOpen AccessAn Appraisal of Finance (Miscellaneous Taxation Provisions) Bill 2004(Nigerian Journal of Legislation, 2004) SANNI, A.OThe fiscal policy measures of the 2001 Budget were geared towards improving the industrial climate and stimulating higher capacity utilisation; providing adequate protection for domestic industries against unfair competition from imports and dumping of manufactured goods; providing a level-playing field for investors in the various sectors of the economy; encouraging diversification of foreign exchange earnings through increased export activities especially in the non-oil sector; reducing operating costs and inflationary pressures; creating new jobs and reducing the upper band of the country’s tariff regime to accord with trade movement worldwide particularly within the West African sub-region. The measures proposed to achieve these goals include alleviating the tax burden on individuals and enhancing their disposable income, ensuring equitable distribution of Value Added Tax (VAT). Adjustment of tariffs on certain goods, shift from import prohibition to import restriction, export promotion, port reforms, strengthening of tax authorities and establishment of a non-oil revenue committee.
- ItemOpen AccessCASE COMMENTS(The Department of Private & Property Law, Faculty of Law, University of Lagos, Akoka, Lagos Nigeria., 2004) SANNI, A.OAlthough the traditional examples of unilateral contracts are of trivial domestic nature, the concept plays a large and useful part in commercial transactions. Once a promise is classified as an offer of a unilateral contract, a number of rules apply to the acceptance of the offer. However, since the classical case of Carlill v. Carbolic Smoke Ball Co., (Carlill’scase) in 1893, there has not been any reported case on unilateral contract in Nigeria. Remarkably, the Supreme Court recently applied the concept in the case of Federal Government of Nigeria & Ors. Zebra Energy Limited. The thrust of this paper is to evaluate the case and its contributions, if any, to Nigerian jurisprudence on the Law of Contract, especially, the concept of unilateral contract. This paper is divided into five parts. Part One examines the meaning and features of a unilateral contract while Part Two focuses on the facts of the Zebra's case and the decision. Part Three is devoted to the Comments of the writer on the case while Part Four postulates on the correct analysis of the case based on established principles of the Law of Contract. The paper is concluded in Part Five. It is the view of this writer that the case was wrongly decided and therefore merely raises a false signal about the emergence of the first Nigerian case on unilateral contract. Rather, the case raises an issue on revocation of an offer made open till a specific date before the expiration of the date and not that of a unilateral contract.
- ItemOpen AccessCHALLENGES FOR THE DEVELOPMENT OF UNFAIR CONTRACT TERMS LAW IN NIGERIA(The University of Western Australia Law Review, 2013) OYEWUNMI, A; SANNI, A.OIn October 2012, the Lagos State Law Reform Commission set in motion the machinery for the reform of the Law Reform (Contracts) Law as part of the broader objective of bringing the law of contracts in touch with the peculiar needs and challenges of modern day business transactions. One of the major areas identified as being in need of legislative intervention was the area of provision of statutory safeguards against unfair contract terms, particularly in cases involving consumer adhesion standard-form contracts that inevitably involve manifest inequality of bargaining relations between contracting parties. This paper examines developments leading to the convergence of judicial and legislative efforts in favour of the rule of law approach and evaluates the challenges for the protection of consumer rights in Nigeria.
- ItemOpen AccessCHARACTER EVIDENCE(Sibon Books Limited, Ibadan., 2001) SANNI, A.OThis chapter examines the extent which evidence may be adduced on the character of a party in civil and criminal cases. It attempts to address issues such as: what is character evidence, in what circumstances is such evidence relevant? Does a trial judge have a discretionary power to admit or, disallow the adduction of character evidence? If yes, what is the extent of such a power? What is the obligation of a counsel and prosecution to guard against the adduction of character evidence? In our discussion of these issues, we shall focus as much as possible on Nigerian cases and statutory provisions in order to determine the law and practice on this subject in Nigeria. Character evidence is specie of evidence of previous misconduct. Whatever form the evidence takes, it is affected by exclusionary rules. However, care must be taken to distinguish between the rules that regulate the admissibility of character evidence and similar fact evidence and possibly also the rationale for their admissibility. It suffices to say that the provisions of sections 67-72 and section 160(1-)(d) of the Evidence Act mainly govern character evidence in Nigeria. The word "character" is used no less than fifteen times in these provisions. In Stirlandv D.P.P. Lord Simon L.C. said: "There is perhaps some vagueness in the use of the term 'good character' in this connection. Does it refer to the good reputation which a man may bear in his own circle, or does it refer to the man's real disposition as distinct from what his friends and neighbour may think of him? Against the background of the above statement, it will be appropriate at this stage to consider the meaning of "character" within the provisions of the Act.
- ItemOpen AccessCOMPANY SECURITIES: LAW & PRACTICE(University of Lagos Press and Bookshop Ltd, 2005-02-10) Abugu, J. E.This ten (10) chapter book discusses the law of company securities in Nigeria. Its a first edition. It includes eight Appendices comprising draft specimen of public offer documents, the Rules and Regulations of the Securities and Exchange Commission as well as the Stock Exchange Rules and Listing Requirements. The book has been described as a creative legal analysis of the law and practice of the capital market in Nigeria; a compendium of securities laws for students and practitioners.
- ItemOpen AccessCOMPANY SECURITIES: LAW & PRACTICE(MIJ Professional Publishers Limited, 2014-09-01) Abugu, J. E.This 17 Chapter book is the second edition of an earlier edition published in 2005, the stated object was to develop a compendium of securities law in Nigeria for students and practitioners of the subject and thereby provide some specialized instruction in this area. A lot has happened since that pioneer work. Notably, the Investment and Securities Act 1999 was reviewed barely two years after and was replaced with the Investment and Securities Act 2007. Secondly, the Rules and Regulations of the Securities and Exchange Commission have continuously been revised and supplemented in reaction to innovations and developments in the securities market. Thirdly, a spate of fund raising from the capital market by State governments have also deepened the securities market and raised its consciousness politically and economically. Fourthly, the capital market crash of 2008 revealed several weaknesses in the regulatory framework of the securities markets, among others. This second edition is designed to further deepen available literature on securities law and strengthen the case for its inclusion in the course curricula of our Universities. Changes in the law since 2007 are brought up to date. The result is an enlarge work of seventeen chapters. New chapters dealing with Professional Due Diligence; Broker/Dealer regulations and regulation of capital market operators will no doubt be of great interest to students and practitioners.
- ItemOpen AccessCONTEMPORARY LEGAL ISSUES IN GOVERNMENT BUDGETING(Total Communication Ventures, Lagos., 2009) SANNI, A.OThis paper discusses some of the fundamental legal issues relating to the current attempt to reform the budget process in Nigeria. the focus is on the federal budget process for obvious reasons. the federal budget is the major driver of the country's economy because of the huge revenue available to the federal government and also the most controversial because of multi-part nature of the national Assembly government. The problem is even worse at the state and local government levels.
- ItemOpen AccessTHE CONTROVERSIAL LAGOS PROPERTY TAX- THE FLIP SIDE OF THE COIN(Journal of Private & Property Law, 2003) SANNI, A.OThis paper is written against this background, to present possible opposing arguments from the taxpayers' perspective to some of the issues involved in the LUCL. The paper identifies and discusses some of the flaws in the policy and letters of the law and their legal consequences. The paper calls on the Lagos State Government to quit its quick fix approach of reducing the rate of LUC in deference to the Organised Private Sector (OPS) . Rather, a comprehensive reform of the tax through the appropriate constitutional framework should be undertaken in order to build a meaningful broad-based consensus involving, as much as possible, all the stakeholders. The remaining portion of the paper is divided into five parts. Part one provides a highlight of the LUCL. Part two is devoted to the examination of the constitutionality of the LUCL and the delegation of the function of assessment by the local government councils to the Lagos State Government. Part three treats some specific aberrations in the administration of the tax even if the validity of the LUCL is assumed. Part four discusses certain developments that have occurred since the introduction of the LUC and some allied matters and concluded in part five with recommendations.
- ItemOpen AccessCurrent Law and Practice of Value Added Tax in Nigeria(British Journal Publishing, Inc. 2012, 2012) SANNI, A.OThe Value Added Tax (VAT) was introduced in Nigeria in 1993 by the Federal Military Government. Since then, the Value Added Tax Decree, had been amended more than half a dozen times the latest being the Value Added Tax (Amendment) Act of 2007. Some of the amendments have introduced significant changes which are yet to be reflected in the body of existing literature. This article discusses the thrust and evolutionary path of the changes to the legal and administrative framework of VAT and assesses the direction of development. The aim is to succinctly discuss the current position of the VAT law and administration in Nigeria in a coherent form for the proper guidance of taxpayers, researchers and foreign investors.
- ItemOpen AccessDEDUCTIBLE EXPENDITURE UNDER THE PETROLEUM PROFITS TAX ACT: Shell Petroleum Development Company v. FBIR(Faculty of Law, Lagos State University, 2001) SANNI, A.OThe case of Shell Petroleum Development Company v Federal Board of Inland Revenue typifies the usual contest of claims between the taxpayer and the tax authority over deductible expenses. The case is significant in many respects. First and foremost, it is the first pronouncement ever by the Supreme Court on the provisions of the Petroleum Profits Tax Act, as amended. Second, it is the only tax case decided by the court after the Marina Nominees Ltd. v. FBIR since 1986, a space of ten years apart. Third, it is one of the few cases that have gone through the entire stages of the tax appeal process from the Federal Body of Appeal Commissioners to the Supreme Court. Fourth, the case was a battle royale fought by the parties for almost two decades.
- ItemOpen AccessDISMISSAL OF EMPLOYEES FOR CONDUCT AMOUNTING TO A CRIME - A REVIEW OF THE NIGERIAN LAW(Obafemi Awolowo University, ile-ife, Nigeria., 1998-09) SANNI, A.OThe main aim of this paper is to review the Nigerian cases on the right of an employer to discipline his employee for an act of misconduct amounting to a crime with a view to reconciling the seeming inconsistency of the recent decision of the Supreme Court with the well established principle on this important aspect of labour law. The aim is not to review disciplinary procedure generally but to consider the vexed question of whether or not an employee who has committed an act of misconduct which amounts to a crime must first be tried in a court of law before his employer can punish him by dismissal.
- ItemOpen AccessDIVISION OF TAXING POWERS UNDER THE 1999 CONSTITUTION(EVL Publications Ltd, 2000) SANNI, A.OThis paper attempts to examine the division of taxing powers under the 1999 Constitution and the constitutionality of some of the existing Federal and State tax statutes in view of the provisions of the Constitution.4 The paper is divided into four parts. Part one introduces the work. Part two examines the concept of taxing power, the division and the scope of the powers of the three tiers of government. Part three considers the validity or otherwise of some specific statutes under the present Constitution.
- ItemOpen AccessDRAFT TAX APPEAL TRIBUNAL (PROCEDURE) RULES IN NIGERIA A SYNOPTIC EVALUATION(The Chartered Institute of Taxation of Nigeria, Lagos., 2010) SANNI, A.OAn appeal system provides a taxpayer who is dissatisfied with the final decision of the tax authority an avenue to ventilate his or her grievances before a quasi judicial body for tax adjudication. Considering the nature of tax as a compulsory imposition, a good appeal system, is a bulwark against arbitrary assessment and sustains the confidence of taxpayers to some extent. The establishment of the Tax Appeal Tribunal (TAT) under section 59 of the recently enacted Federal Inland Revenue Service (Establishment) Act (FIRS Act) is one of the landmark features of the ongoing tax reform of the Federal Government of Nigeria. The TAT is an attempt to provide a single appeal tribunal for the adjudication of disputes arising from the administration of all the federal taxes administered by the Federal Inland Revenue Service (FIRS) instead of the prior arrangement whereby the Value Added Tax Tribunal was responsible for determination of appeals on Valued Added Tax (VAT) while the Body of Appeal Commissioners was responsible for appeals arising from the administration of other federal taxes. The TAT was recently inaugurated in the expectation that it will soon commence operation . The Body of Appeal Commissioners and VAT Tribunal are now defunct while their jurisdictions are subsumed under the TAT.
- ItemOpen AccessESTABLISHING A TAX SYSTEM FOR THE FEDERAL CAPITAL TERRITORY - PROSPECTS AND CONSTITUTIONAL CHALLENGES(Department of Jurisprudence and Private Law, Faculty of Law, Obafemi Awolowo, Ile-Ife, Nigeria., 2007) SANNI, A.OWe have no access to the amount of finance at the disposal of the Federal Military Government and we have neither had the facilities nor the time to do any costing of a relocation of the Federal Capital. All we wish to stress is that although we have sympathy for the arguments of those who oppose the relocation of the Federal Capital on the ground that such an exercise would involve the expenditure of huge sums of money, we are firmly convinced that such expenditure is of utmost necessity. By undertaking it now, we shall be preventing the expenditure of much larger sums of money in the future. We firmly believe that, if not now, but certainly in the future, the capital of the Federation of Nigeria will be located away from Lagos and at a greater cost”.
- ItemOpen AccessFormation of Electronic Contracts: Melding the Traditional Contract Law with Contemporary Electronic Commerce(Commercial and Industrial Law Review, 2016-09-01) Ilobinso, IThe evolution of Information Communication Technology (ICT) has changed our world tremendously. It has flung the doors of nations wide open and its application to business has made the world a global marketplace. However, in Nigeria, this positive phenomenon brought by the growth of ICT and the emergence of electronic commerce has met with some legal obstacles. One of which is the uncertainty surrounding the validity and enforceability of contracts formed via electronic means. This article analyses the traditional rules of contract formation to determine how they can be effectively applied to electronic contracts. In doing so, it will examine the question of who makes the offer in an electronic contract; where and when an offer is made and accepted; and, how an electronic contract can be authenticated?
- ItemOpen AccessFOUNDATIONS OF CORPORATE LAW(University of Lagos Press and Bookshop Ltd, 2011-03-27) Abugu, J. E.Foundations of Corporate Law’ is designed to provide a rich background on foundational company law issues. It addresses the basic rudiments of corporate personality, history of the corporate form, preliminary matters such as those of promoters and pre-incorporation contracts, company formation, constitutional matters deriving from the memorandum and articles of association, capital structure, membership and shareholding and the capacity of the company to enter into contracts and initiate or defend legal proceedings. Much of the work revolves around the provisions of the Companies and Allied Matters Act (CAMA) which is the extant legislation governing the formation, registration, operations, management, investigation, inspection and winding up of companies. The provisions of the Act are examined in the context of pre 1990 English and Nigerian case law on the one hand and subsequent cases decided thereon. Recourse is also made to current English cases on similar provisions under the UK Companies Act 1985 and 2006 by way of persuasive elucidation of key provisions of the CAMA. Its presentation is both doctrinal and analytical indicating valuable areas of law reform in the future.
- ItemOpen AccessFUNDAMENTAL RIGHTS ENFORCEMENT PROCEDURE RULES, 2009 AS A TOOL FOR THE ENFORCEMENT OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS IN NIGERIA: THE NEED FOR FAR-REACHING REFORM(JUTA Law, First Floor Sunclare Building. 21 Dreter street, Claremont 7708, South Africa, 2011) SANNI, A.OThe article traces the evolution of FREP rules in Nigeria and highlights the problems which gave rise to FREP Rules, 2009. The article discusses the new rules and acknowledges that their objectives are laudable. For instance, the new Rules had to a large extent solved the thorny issues of how to commence human rights actions, expensive filing costs, service and limitation of action. However, the article notes that it is unusual for Rules of Court to have a preamble. The FREP Rules, 2009, therefore, depart from the usual standard. The fact that the laudable objectives of the FREP Rules are contained in a preamble may minimise their legal effect since preambles do not have the same legal force as substantive provisions. What is more, a number of provisions of the Rules are inconsistent with the provisions of the Constitution of Nigeria, 1999, and stand the risk of being declared null and void to the extent of their inconsistency in adversarial proceedings. There are a few provisions in the FREP Rules, 2009, which may be adverse to the interest of victims of human right violations compared to the FREP Rules, 1979. These include the abolition of application for leave of court and the requirement to front-load evidence together a written address before commencing an action. These requirements may be counter-productive as counsel will require more time for research. Also, the Court of Appeal decision and the argument that FREP Rules have a constitutional favour are misconceived and may be counter-productive as it will introduce rigidity into the review of the rule. The challenges posed with the enforcement of human rights in Nigeria are multi-faceted (constitutional, judicial and social). Therefore, a simplistic attempt to solve them through a review of the FREP Rules is surely inadequate. The article calls for legislative intervention to make the provisions of chapter II enforceable and to amend section 12(1) which requires domestication of treaties and conventions as a precondition for their enforcement.
- ItemOpen AccessINTERPRETATION OF TAX STATUTES: AN EXAMINATION OF THE SUPREME COURT APPROACH(Nigerian Institute of Advanced Legal Studies., 2006) SANNI, A.OThis chapter examines some of the Supreme Court tax cases since inception in order to decipher the approach of the court to the interpretation of tax Statutes. The chapter is divided into seven parts. Part one introduces the work while Part two examines the general rules of interpretation of statutes in general and the ancillary aids. Part three probes whether tax statutes are interpreted specially or whether they follow the general rules. The legislative and judicial approaches to the challenges of tax avoidance and evasion are also considered in this part. Part four focuses on some of the decisions of the Supreme Court in tax cases with a view to deciphering the approach of the court. Part five is devoted to the consideration of the facts of Shell v. FBIR and the contributions of the Honourable Chief Justice of the Federation of Nigeria in the landmark case. The retirement of the Honourable Justice Mohammed Uwais CJN provides a golden opportunity for critical reflection on why there is paucity of Supreme Court decisions on tax cases and the appropriate intervention that will be required to address the situation. In this regard, Part six attributes this development partly to corruption and the long and tortuous journey of tax appeal procedure from objection to the tax authority; appeal to the Body of Appeal Commissioners; re-hearing of the appeal by the High Court to the Court of Appeal and finally to the Supreme Court. The work is concluded in Part seven.
- ItemOpen AccessINTRODUCTION TO NIGERIAN BUSINESS LAW(Malthouse Press Limited, Lagos., 2005) SANNI, A.OIt is often said that a good lawyer is not the one who knows all the law, but where to find the law. The question then is where do we turn to, if we want to determine the applicable legal principles and rules to a particular commercial problem? For instance, if Mr. A wants to go into a business of sale and purchase of petroleum or gun, he might contact a lawyer to advise him on whether the business is lawful and the necessary steps to be taken in order to get it going. This brings us to the discussion of the sources of business law in Nigeria. To a layman, all the rules of law are contained in a big bookcalled "the Constitution". This is however erroneous. Rather, law Introduction to Nigerian Business Law consists of multifarious rules, which can be found in several primary and secondary sources discussed below. The word 'source' is used in this context as the fountain where legal rules and principles of business law are derived. These could be in form of materials, documents or books usually consulted for information by lawyers and judges or providing initial inspiration on the applicable rules of law.
- ItemOpen AccessINTRODUCTION TO NIGERIAN LEGAL METHOD(Obafemi Awolowo University Press Limited, ile-ife, Nigeria., 2006) SANNI, A.OThe phrase 'legal method' is made up of two words -'legal' and 'method.' The word "method," in ordinary parlance, means a way of doing something or the quality of being well planned and organized. The word "legal," which is an adjective, connotes something connected with the law. Law operates in a society based on certain methods, that is, in accordance with certain processes, which must be properly understood for law to be put to best uses as an instrument of social control. Legal method can therefore be defined as an attempt to explain or analyse the technique of 'thinking like a lawyer. In other words, it is learning to study the use and construction of legal rules, with a view to gaining insight into how law is planned and organized to achieve its objectives in a society. This task, like most tasks, is not as easy as it may seems. This is mainly because everyone approaches the subject of legal analysis from different perspectives based on their background and experiences. In that type of situation, the existence of multiplicity of approaches is inevitable. However, there are some areas of agreement or consensus in virtually all the legal analysis.