Commercial & Industrial Law-Scholarly Publications

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    INTRODUCTION TO NIGERIAN BUSINESS LAW
    (Malthouse Press Limited, Lagos., 2005) SANNI, A.O
    It 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.
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    Open Access
    DISMISSAL OF EMPLOYEES FOR CONDUCT AMOUNTING TO A CRIME - A REVIEW OF THE NIGERIAN LAW
    (Obafemi Awolowo University, ile-ife, Nigeria., 1998-09) SANNI, A.O
    The 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.
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    Open Access
    THE CONTROVERSIAL LAGOS PROPERTY TAX- THE FLIP SIDE OF THE COIN
    (Journal of Private & Property Law, 2003) SANNI, A.O
    This 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.
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    Open Access
    VAT REFUND SYSTEM IN NIGERIA - A CRITIQUE
    (The Chartered Institute of Taxation of Nigeria., 2004) SANNI, A.O
    Claims for tax credits are an inherent part of VAT which is a tax on differences. Any attempt to curb input is therefore wrong in principle because it changes the way VAT operates from a tax on value added to a tax on gross sales price. In many developing countries, the refund is perceived as the major potential weakness of the VAT and the main avenue of evasion. therefore, the authorities are relunctant to be too prompt on refunds, preferring to have time to inspect, in detail, large refund claims. This is a prudent requirement in an VAT system.
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    Open Access
    DRAFT TAX APPEAL TRIBUNAL (PROCEDURE) RULES IN NIGERIA A SYNOPTIC EVALUATION
    (The Chartered Institute of Taxation of Nigeria, Lagos., 2010) SANNI, A.O
    An 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.