Journal of Private and Business Law

ACCESS TO JUSTICE IN NIGERIAN ELECTRICITY SUPPLY INDUSTRY: TOWARDS ANEW JURISPRUDENCE IN DISPUTES RESOLUTION FRAMEWORK

2026-01-31T13:02:33+00:00

Arbitration is pivotal inpromoting Lord Wolfs framework of access to justice m commercial disputes resolution. Disputes remain intractable in the Nigerian Electricity Supply Industry (NESI) due to NESI's complexity and proclivity for non-compliance with regulations.Previous studies on NESI disputes focused on lawsuits which often do not guarantee access to justice, compared toother alternatives.This paper, therefore, was designed to examine arbitration and access to justice in the NESI.The study explores the arbitration process's ability to resolve complex procedures such aselectricity disputes, streamline technicalities, and reduce the burden on traditional judicial system. The descriptive design was used involvingtwo-stage sampling. Two states from each ofNigeria's six geopolitical zones (Abia andAnambra; Edo and Rivers; Lagos and Oyo; Kwara and Nasarawa; Bauchi and Gombe; and Kano and Jigawa) were selected. A total of2,036 respondents were purposively selected based on willingness to participate and assumed understanding of the subject.Dataobtained through a structured questionnaire were content-analysedusing descriptive statistics.Most respondents (70.6%) rated arbitration as effectivedispute resolution option. Majority (76.5%) viewed arbitration as satisfying Lord Woolf s access to justice criteria except cost, which could be addressed using State's aid (82.6%).Specifically, electricity-operators (75.2%), lawyers (67.6%), mediators (62.8%), consumers (62.2%), arbitrators (62%), lawmakers (55.3%) and judges (50.9%) agreed that arbitration is expensive

THE IMPACT OF INFORMATION TECHNOLOGY ON CIVIC PROTEST: A LEGAL OVERVIEW OF CIVIL RIGHTS AND CRIMINAL LIABILITY

2026-01-31T12:29:40+00:00

The advent of information technology has fundamentally reshaped the dynamics of civic protests and democratic engagement in modem societies. In Nigeria, the widespread use of digital platforms such as social media, mobile communication tools, and online forums has facilitated mass mobilization, enabled real-time coordination, and amplified the voices of protesters beyond traditional geographic and political boundaries. While these technological advancements have enhanced citizen's ability to assert their constitutional rights-particularly the rights to freedom of expression, peaceful assembly, and association, they have also triggered a range of legal and regulatory challenges. By adopting a multidisciplinary approach, this article critically examines the dual impact of information technology on civil rights and criminal liability. It explores how state authorities have responded to digitally coordinated protests through legal sanctions including charges of cyber stalking, sedition, incitement, and breach of public peace. Drawing on relevant statutory provisions, Nigerian and comparative case law, and international human rights norms, the article analyses the adequacy of existing legal frameworks in protecting digital protest while maintaining public order. It argues for a more balanced, rights-based approach to regulation and calls for legislative and judicial reforms to prevent the misuse of criminal law in stifling legitimate dissent. This article investigates the complex interplay between information technology and civil protests, with specific focus on the implications for civil rights and criminal liabilities. By adopting a multidisciplinary approach, this study investigates how Information technology has transformed the dynamics of civic protest, including the mobilization of protesters, the dissemination of information and the interaction with authorities. A critical analysis of existing literature, case studies, and empirical data is conducted to identify the opportunities and challenges presented by information technology in the context of civic protest. The findings of this study highlights the tension between the exercises of civic rights associated with the use of information technology in civic protest. Ultimately, this study aims to contribute to a deeper understanding of information technology in shaping the contours of civic protest and its implications for democratic participation,social justice and human rights, Keywords:Information Technology, Civic protest, Civil rights, Criminal liabilities.

THE INTERSECTION OF INFORMATION TECHNOLOGY GOVERNANCE AND CORPORATE DIGITAL TRANSFORMATION: LEGAL AND GOVERNANCE CONSIDERATIONS

2026-01-30T13:22:20+00:00

The use of Artificial intelligence, Blockchain Technology and other digital transformational solutions by companies for business advancement in Nigeria is fast becoming a norm. This evolving movementh as carried with it immense benefits and also setbacks. In as much as digital transformational solutions are important for the advancement of commercial growth and visibility, corporate organizations need to be aware of its intricacies, legal implications and the required digital/ Information Technology (IT) governance structuring to facilitate technological business operations. This paper seeks to review the essentiality of digital and IT governance structures in companies to enable effective electronic solutions for corporate entities in Nigeria. It further weighs the state and place of law, policy and regulation in meeting the demands of a digitalized corporate business framework within Nigeria in comparism with South Africa. SouthAfrica is being used because ofitsrobust legal template onITgovernance.

EXAMINATION OF THE MORTGAGEE?S POWER OF SALE

2026-02-05T06:48:23+00:00

The whole essence of Law of mortgage is to formulate rules that ensure the return of the borrowed sum with profit to the lender, while assisting the borrower to solve his pressing financial needs. If anything is borrowed, it should be paid back3 however, over the time it is discovered that human beings are by nature deceitful. „the wicked borrows but does not pay back…?4 coupled with the prevalence of unforeseen circumstances, which becloud the business environments, thus giving rise to every lender of money to make adequate provision for security before lending his money out. The mortgagee?s efforts are geared towards realizing a valuable security in the event of failure to repay the loan by the mortgagor. 5 These efforts ensure that to a large extent, the mortgagee (bank) has a recourse upon the mortgagor?s default in his contractual obligation on the date fixed for payment of the mortgage debt to exercise any of the available remedies, which are cumulative, and not necessarily in the alternative.6 The choice of a remedy usually depends on whether the mortgagee wants his capital or the interest. Where he wants his capital and seeks to put an end to the security, he commonly opts for either action for enforcement of covenant to repay, sale of the security or foreclosure. Whereas where he is concerned with the interest, he takes to possession of the property or appoints a receiver.7 Also, an order for specific performance and foreclosure are more suited to an equitable mortgagee while the others are applicable to a legal mortgagee.8

THE COMPLEXITIES OF ILLEGAL CONTRACTS IN INTERNATIONAL TRADE AND COMMERCE

2026-02-02T14:04:16+00:00

The general principle of law is that all over the world contract is enforceable except where it is tainted with illegality or certain vitiating elements are present. Illegal contract may be classified either as statutory or non-statutory. the term illegality is this area of law is very complex, as this differs from place to place, that is what is „illegal? in country „A? may be „legal? in country „B? and this is quite visible in international trade and commerce. International trade and commerce has gained much prominence in the recent times, partly because of technological advancement which effect is the increase in the volume of „online? trading activities, otherwise known as „ecommerce?. It is a common occurrence for conflict to arise between the parties to a contract where either of the party claims that the said contract is illegal and therefore unenforceable; such claims usually put the other party in dire straits particularly where he has furnished consideration. This paper considers in some depth issue of illegal contract generally and in particular trans-border commerce, the attendant consequence of unenforceability and rights of the parties. It is instructive to note that parties to a contract that is illegal in nature have no right of waiver or ratification; this is more so, when such illegality is statutory. The paper further addresses the complex nature of contractual relationship between parties who reside in two different jurisdictions, which the regulatory framework and policies on „illegality? in commerce differs

Money Laundering and Terrorism Financing: Assessing Exposure Risks Across Non-Financial Institutions in Nigeria

2026-02-02T11:10:09+00:00

Money laundering and terrorism financing in Nigeria have far-reaching social and political consequences. The illicit activities associated with money laundering, such as drug trafficking and terrorist financing, contribute to increased crime rates and violence. This poses a significant threat to public safety and security. Moreover, the success of money laundering activities erodes the integrity of society and undermines democracy and the rule of law. The Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) regulation, including other related regulations, guides financial institutions and other reporting entities on their obligations to prevent and detect money laundering activities. These regulations outline the requirements for customer due diligence, reporting obligations, and record-keeping. Non-compliance with these regulations can result in legal and regulatory consequences for financial and non-financial institutions, not excluding legal practitioners in Nigeria, including the risk of exposure to reputational damage and loss of operating licenses.

PROFESSIONAL NEGLIGENCE AND LEGAL PRACTITIONERS IN NIGERIA

2026-01-31T12:41:59+00:00

Professional negligence by a legal practitioner happens when a lawyer fails to perform his legal duties to the required standard or breaches a duty of cares which he owes his client; and such poor conduct subsequently results in a financial loss, physical damage or injury to the client. The relationship between a client and his lawyer is a fiduciary one which creates duties and obligations on both parties, and more especially on the legal practitioner. The Legal Practitioners Act and the Rules of Professional Conduct, 2023 are the principal legislations that create the duties of a legal practitioner to his client and establish the basis for his liabilities where he fails to perform same. By virtue of the provisions of these legal regimes, legal practitioners are not immuned from liability arising from their professional negligence. The work examines the legal framework regulating professional negligence oflegal practitioners in Nigeria. The paper adopts the doctrinal legal research methodology. The paper founds that the legal practitioner owes his clients the duty of honesty, duty of care and skill and the duty of secrecy and confidentiality. The work recommends that section 9(3) of the Legal Practitioners Act should be amended assuch clause is no longer tenable in the contemporary times.

Relevance of Informal Security Institutions in Nigeria and Human Right Implications

2026-01-30T14:18:26+00:00

Government is primarily responsibile for security of lives and property, which it performs through formal security entities. However, the wanton security challenges in Nigeria imply the need to reconsider the approach of sole reliance on formal security entities providing security for the state. This paper therefore examines the role of the informal security outfit in providing security for lives and property. The study finds that the security challenge in Nigeria has compelled the respective regions and communities to engage informal security outfits such as: socio-cultural groups, vigilante, community policing, private security firms, etc., rather than total dependence on the state controlled formal security outfits such as police and military. However, this informal security outfits are largely associated with unaccountable and involvement in human right breaches. This study, therefore, recognises the need for cooperation between the formal and informal security agencies, to ensure adequate security oflives and property. Keywords: Security Institutions; Human Right; Community Policing; Non-state Security Actors.

"D’Ordre Public" Laws and Public Policy as Defenses to Arbitral Awards: Conflict Between the Public Procurement Act and Arbitration and Mediation Act

2026-02-05T09:23:11+00:00

In combating corruption and lack of accountability in procurement, contract awards, public finance and administration, Nigeria had, hitherto, adopted an ineffective ?Tender Board‘ approach characterised by detection, apprehension, prosecution and punishment of offenders. However, since 2007, Nigeria has adopted reformative rules that are founded on ?step-by-step vetting and tendering, quotations, proposals, dialogues, negotiations, procurement and agreement, aimed at preventing corruption and lack of accountability. On 4th June 2007, Nigeria enacted a new legislation on public procurement and contract award procedures—the Public Procurement Act of 2007 (PPA 2007). Similarly, arbitration has gradually been accepted as an alternative mode of settling business and commercial disputes in Nigeria, and it is instructive that the PPA requires that all procurement contracts shall contain provisions for arbitral proceedings as the primary forms of dispute resolution. However, the application of the Arbitration and Mediation Act of 2023 (Arbitration Act 2023) to disputes involving an arbitral award to enforce a procurement or contract award which violates the Nigerian public procumbent laws is the main focus of this Paper. The Paper examines the application of "D’ordre Public" laws and public policy rules as defenses against enforcing arbitral awards which violate PPA 2007, by reviewing the conflict between the provisions of PPA 2007 viz-a-viz those under the Arbitration Act (2023) in Nigeria. Also, the Paper carries out a comparative review of the 2021 Judgment of the Judicial Committee of the Privy Council in Mauritius—Betamax v. STC, [2021] UKPC 14. Therefore, using all applicable statutes and decisions of the Nigeria superior courts, this Paper examines the history, philosophy and global perspectives regarding arbitration and public procurement laws on disputes. The Paper submits that while arbitration and mediation, as alternative methods of dispute resolution, should be sustained towards eradicating elongated and expensive litigation, the underlying public interest and policy aimed at combating corruption, maladministration and lack of accountability must be entrenched over and above arbitral awards. The Paper also recommends that it accords with the spirit of law, business and justice to allow mediation and/or arbitration clauses involving the PPA 2007.

SOCIAL MEDIA ALGORITHMS AND FREE SPEECH: BALANCING RIGHTS UNDER THE DSA AND GDPR

2026-02-02T14:28:58+00:00

This article examines the intricate relationship between social media algorithms, free speech, and data protection within the European Union‘s Digital Services Act (DSA) and General Data Protection Regulation (GDPR). Focusing on pertinent provisions of Articles 12, 26, 27, 34, and 40 of the DSA, and Articles 5, 15, 17, 22, and 35 of the GDPR, the analysis delves into the challenges of algorithmic transparency, content moderation, and automated decision-making. The DSA mandates platforms to disclose content moderation policies and algorithmic processes, aiming to enhance accountability. However, this requirement raises concerns about revealing proprietary information and the potential for over-censorship, thereby impacting free expression. Conversely, the GDPR‘s restrictions on automated decision-making and data processing present obstacles for platforms that rely on personalization algorithms, potentially affecting user experience and innovation. The GDPR and DSA set global standards for digital governance, influencing how global tech companies (like Meta, X/Twitter, YouTube, and Tik-Tok) manage user data and content. This is because these companies operate in Nigeria, their policies shaped by the DSA and GDPR affect Nigerian users — from how content is moderated to how personal data is handled. This study employs a doctrinal legal research methodology, reviewing legal texts, policy papers, case law, and scholarly articles to propose a balanced approach. Recommendations include adopting contextspecific regulations, enhancing transparency without compromising trade secrets, and empowering users through informed consent and control over personal data. Such measures are essential to harmonize the protection of free speech and privacy in the evolving digital landscape.

THE ROLE OF THE MULTIDOOR COURT HOUSE IN THE RESOLUTION OF DISPUTES IN SMALL AND MEDIUM SCALE ENTERPRISES IN NIGERIA

2026-02-02T12:11:14+00:00

Business activities largely involve creation of contracts at different levels. These contracts create rights and obligations that are expected to be fulfilled for businesses to thrive. However, very often, there are breaches, partially or fully, or disagreements over the terms of the contracts between and among business entities and individuals. When this happens, as it often does, it is expected that there are frameworks, structures and systems within an economy for timely resolution of disputes and enforcement of the contract to keep the sanctity of the business Disputes may also arise among the various stakeholders of small and Medium Scale Enterprises whose entrepreneurs may not have the capacities or the will to pursued the resolution of such disputes through the conventional courts. The challenges of delay, cost, broken relationships, unnecessary publicity and restrictive outcomes of litigation in Nigeria have made it largely ineffective for the resolution of business or commercial disputes in Nigeria . One of the major functions of law is to provide effective , efficient , responsible , reliable and objective systems to members of communities and societies The engagements of the various methods of Alternative Dispute Resolution such as Arbitration, Mediation, Negotiation , Negotiation, Conciliation , Expert Determination and other fitting methods by The Multi Door Court House have made the resolution of such disputes more effective and results oriented when they occur in Small and Medium Scale Enterprises The Multi Door Court House as an Institution has particularly contributed to Access to Justice through the engagement of these ADR mechanisms for the resolution of commercial disputes particularly in Small and Medium Scale Enterprises in Nigeria.

UPCYCLING: INTELLECTUAL PROPERTY RIGHTS AND LEGAL IMPLICATIONS OF TRANSFORMING WASTE INTO SUSTAINABLE FASHION PRODUCTS IN NIGERIA

2026-01-31T12:52:06+00:00

It has been established that the fashion industry is high on the world's pollution list. For instance, the United Nations Environment Programme (UNEP) noted that making a pair of jeans trousers, from the production of the cotton to its delivery, requires 3,781 litres of water. This amounts to the emission of about 33.4 kilograms ofcarbon equivalent. The nature of the business, evidenced by the use of synthetic materials, hazardous colours, energy intensive production methods, has impacted the environment negatively. The need to fulfil Goal 12 of the Sustainable Development Goals and the call to embrace the circular economy has led to switching to using sustainable materials and products. This drive for sustainability in the fashion industry has, however, raised challenges m upholding and enforcing Intellectual Property Rights (IPR). This paper examines the implications of Intellectual Property Rights (IPR) on the creative use of waste materials in creating sustainable fashion products, through upcycling. It argues that to get the full benefit of sustainability in upcycling, IP challenges, presented, must be resolved. These challenges occur in the areas of Trademarks, Industrial Designs and Copyright. Nigeria's IPR laws do not adequately address the unique nature of upcycling. It has failed to strikethe needed balance between creativity and the possibility of infringement of existing IPRs. The paper concludes that upcycling offers tremendous opportunities for environmental preservation through sustainability, thereby positively impacting the economy and society, consequently. The role of IP should therefore be towards promoting sustainability.It goes on to recommendthat, to maintain/encourage sustainability, it is essential to strike a balance in solving this dilemma within the Nigerian IPlaws

An Overview of the Customary Disputes Resolution in Africa, O/inya, Christopher Ikenna

2026-01-31T12:14:56+00:00

Before the introduction of Western style of dispute resolution, the pivotal role played by chiefs, elders, family heads, age grades, and sometimes, diviners/traditional priestsamongst othersin resolving conflicts andensuring restoration ofstrained relationships in their environment cannot be overemphasized. The use of customary arbitration in the settlement of disputes by the indigenous people of Africa dated back to the history of the culture of such community which was usually practiced in accordance with the customs of such given society concerned with the sole aim of retaining the goodwill between the parties and harmony in the community.This system of dispute resolution had been in operation in the several communities that makes up the present geo-political expression called Nigeria in particular and the entirety of Africa continent in general before the advent of the colonial administration that introduced their foreign legal system on their colonised territory. Suffice to say that the introduction of the foreign legal system did not completely erase the potency of customary arbitration in the settlement of communal differences in the various African States. This paper therefore examines the mechanism for conflict resolution in traditional African societies before, during and after colonialism. It explores the constitutionality of customary arbitral process and recent dimension in the development of alternative disputes resolution (ADR) mechanism in Africa. Presently, the legal and institutional framework for customary dispute resolution and their impacts in reshaping the conduct of arbitral proceedings has taken a formidable shape in Africa through various judicial interpretations which have shown without equivocation that customary arbitral process has become well-rooted in annals of legal system in Africa.

JURISPRUDENTIAL PERSPECTIVES ON ECONOMIC CRIMES AND CRIMINAL JUSTICE ADMINISTRATION IN NIGERIA

2026-01-30T12:42:14+00:00

This paper examines how the different jurisprudential theories affect the conceptualisation of crime and criminal justice management in Nigeria, compared with the United Kingdom. It surveys natural law, legal positivism, legal realism, critical legal studies (CLS) and postcolonial theories, highlighting their respective influence on substantive criminal law, penal philosophy and institutions in Nigeria and the United Kingdom. The paper focuses on historical roots, especially, the colonial inheritances that formed Nigeria's legal system, in comparison with that of the United Kingdom, as well as on contemporary legal challenges and reforms. The comparative analysis adopted emphasises key differences in legislative frameworks, institutional efficiency, and rights' protection. The work, eventually, recommends a reform-based approach firmly rooted in jurisprudence and legal theories and reflective of local realities, yearnings, aspirations, ethos and idiosyncrasies, as well as legal transplantation of global best practices, in order to improve Nigeria's criminal justice administration

DEFECTS IN EXTANT NIGERIAN CRIMINAL JUSTICE ADMINISTRATION REGARDING ECONOMIC CRIMES AND SUGGESTED REFORMS

2026-02-04T10:30:34+00:00

The Nigeria?s criminal justice system relating to economic crimes suffers structural, doctrinal and procedural defects. These defects are what this paper is set to evaluate. The paper starts with the conceptual clarifications of economic crimes and the scope of the criminal justice administration, followed immediately by a detailed critique of Nigeria?s institutions, laws, and practices related to economic crimes. Nigeria?s legal framework especially the Economic and Financial Crimes Commission Act, 2004, and the Independent Corrupt Practices and Other Related Offences Act, 2000, provide broad powers to investigate and punish fraud, corruption, money laundering, and other financial offenses. However, in practice, enforcement is affected by extreme political interference, underfunding, agency overlap, selective prosecutions, judicial corruption, trial delays, and constitutional immunities. The high-profile prosecutions resulting in few convictions and the convicted offenders mostly getting little prison time. Contrarily, however, the United Kingdom and Canada engage more consistent legislative regimes and specialised agencies, such as the United Kingdom?s Serious Fraud Office and the Royal Canadian Mobile Police Financial Crimes Units with clearer accountability. The comparative section addresses how the United Kingdom?s updated Economic Crime Plans and Canada?s recent beneficial-ownership registry law strengthen enforcement. In conclusion, an encompassing set of reforms, such as legislative amendments, institutional change and procedural adjustments, are proposed. These necessary measures are targeted at closing loopholes, improving coordination, and restoring public confidence in Nigeria?s fight against

A CRITICAL EXAMINATION OF DEPOSIT INSURANCE COVERAGE IN SUB-SAHARAN AFRICA

2026-02-02T12:32:49+00:00

Most deposit guarantee schemes limit their protection to small depositors and leave large proportion of bank deposits unprotected in a bid to curtail moral hazard. The unprotected deposits largely belong to big depositors who are presumed to possess the resources to discern between good and weak banks and are expected to participate in monitoring banks. Yet these unprotected depositors have proven to be a source of financial instability which deposit insurance also seeks to guard against. This article critically examines the rationale for limited coverage in Sub-Saharan Africa. It analyses the peculiarities of this Region and questions the suitability of limited coverage in the Region. The study observed coverage levels among various countries and found that coverage levels are higher in developed economies than middle income countries, including SSA. Countries in SSA have weak regulatory institutions, poor data quality and low financial literacy which do not support private monitoring of banks. Accordingly, the capacity of depositors in this Region to monitor banks is diminished. It is pertinent to extend full coverage to all eligible deposits in SSA. This can encourage the growth of small scale deposit taking institutions, boost financial inclusion and reduce poverty. It can also reduce the risk of financial instability in the Region which large volume of uninsured deposits constitutes a threat to.