UNIVERSITY OF IBADAN LAW JOURNAL

REVISITING SECTION 40 OF THE VALUE ADDED TAX ACT: LEGAL THEORIES FOR AMENDING AND EXPUNGING SPECIAL ACCOUNT ADMINISTERED BY FEDERATION ACCOUNT ALLOCATION COMMITTEE

journal manager; Olumide K. Obayemi — Tue, 25 Jun 2024 00:00:00 +0000

This paper proposes legal theories and strategies for amending and/or abolishing the Special Account presently being administered by the Federation Account Allocation Committee (FAAC) under Section 40 of the Value Added Tax (VAT) Act. The solution to the VAT issue is simple. Statesourced VAT revenue belongs to the States. However allocation of federal sourced VAT revenue should be shared on the basis of derivation principle similar to the provision under Section 163 of the Constitution of the Federal Republic of Nigeria (1999) which governs proceeds accruing from stamp duties and capital gains tax. In addition, all VAT
revenue collected by the Nigerian Customs Service (NCS) on account of imports and exports should be paid into the Federation Account to be shared by all the federating units. The fiction that all countries operating federal consumption tax regime have adopted the VAT format is inaccurate. Both the United States of America and India use sub-national Sales Tax regimes as opposed to a federal VAT. However, such a law by the National Assembly would require an amendment to the 1999 Constitution. The paper also argues for increasing the powers of sub-national (State) governments to administer and collect revenue accruing from consumption taxes in Nigeria. In most federal constitutions, sub-national States usually have legal control over consumption taxes over and above the federal national governments. This paper proposes that the individual Nigerian sub-national States should possess an independent and uncontrollable authority to raise their revenues to support their own wants. In effect, with the sole exception of duties on imports and exports, the individual Nigerian sub-national States should retain taxing powers and authority over consumption taxes in the most absolute and unqualified sense; and any attempt on the part of the federal government to abridge them in the exercise of such powers, would be a violent assumption of power unwarranted by any article or clause of the Constitution. In conclusion, the paper recommends that Section 40 of the VAT Act be amended and/or expunged to meet the Consolidated Revenue Fund Account requirements under Sections 80 and 81 and other relevant provisions of the Constitution of the Federal Republic of Nigeria of 1999.

FEMINISM AND WOMEN'S POLITICAL ASPIRATIONS: EXAMINING THE ROLE OF THE LAW

journal manager; Mosunmola Imasogie, Victor Ojetayo — Tue, 25 Jun 2024 00:00:00 +0000

Feminism is a concept that has grown to become very relevant in legal theory despite its socio-cultural phenomenon. The rise of feminism began with a fight against male domination, usually within the context of the family and sexual advantages of the male. However, through the evolvement of the law, many of the challenges faced by women in marriages and reproductive life have been resolved through legislation and case laws affirming and upholding women's equal rights in society. However, recent yearnings of the feminists' movement across Africa and the global world have been for equal participation in politics and governance. This is evident in States like Nigeria, Kenya, Ghana and Zimbabwe amongst others. Despite the heightened quest for equal political participation, the response of the law to cater for these yearnings have been very low and women still feel subjugated in politics and governance. Beyond the feminism of 'patriarchy', feminists' theory has moved to contesting political influence and leadership equality with the men. This paper examines how the law can respond to these agitations by drawing on experiences from jurisdictions in Africa.

DUTIES, LIABILITIES AND PROTECTION OF THE BANKER IN BANKER-CUSTOMER RELATIONSHIP IN NIGERIA

Kehinde Anifalaje — Tue, 25 Jun 2024 00:00:00 +0000

The contractual relationship between the banker and the customer necessarily imposes specific mutual duties and
obligations on the contracting parties with attendant consequences for breach. The liability of the banker in the discharge of its duties could arise from its status as a paying or collecting banker. The article examines the duty of the banker to honour the mandate of the customer and the duty not to pay out the customer's money without his authority. The legal protection afforded the banker at common law and under the statute in case of breach of these duties is also examined with a view to determining their adequacy and the extent to which it has impacted on the banker-customer relationship. It is argued that the conditions precedent to the enjoyment of the legal protection afforded the banker against liability are strict and geared

ONLINE DISPUTE RESOLUTION: ANOTHER VOICE IN THE COVID-19 PANDEMIC DIALOGUE IN NIGERIA

journal manager; Lateef A. Adeleke, Suliat O. Saludeen — Tue, 25 Jun 2024 00:00:00 +0000

Despite being the largest ADR community in Africa, Nigeria still experience the flight of domestic arbitration to foreign
jurisdictions. This implies a huge loss of revenue to the Nigerian government and her ADR practitioners and ultimately threatens the growth of ADR in Nigeria. To improve the ease of doing business and impact positively on investment dispute resolution in Nigeria, Online Dispute Resolution (ODR) plays a pivotal role. The importance of ODR cannot be better felt at any other time than the Covid – 19 pandemic period. As the corona virus redefined human spatial existence, the internet displayed its capacity to build a global village, where sundry human activities could continue unabated despite movement restriction. As mankind groaned in the hotchpotch effects of the pandemic, the cyberspace offered a potpourri of relieves as reflected in e-commerce, ebanking, online schooling and lots more. All these also generated e-disputes to be resolved via the (ODR) mechanism. This paper interrogates ODR as a catalyst that can promote efficient domestic and international arbitration in Nigeria, during the Covid-19 pandemic period and beyond, to enable the country maintain its lead as the arbitration hub in Africa. Again, the paper investigates whether the rules of arbitration seat and applicable law in traditional ADR applies to ODR. The various weaknesses of ODR did not escape from the author’s radar. On the whole, it was found that ODR is a beacon of hope, that could create an efficient dispute resolution regime in Nigeria, provided its weaknesses are addressed.

PERISCOPING COMPETITION IN THE NIGERIAN ELECTRICITY SUPPLY INDUSTRY

journal manager; Alfred M. Tijah — Tue, 25 Jun 2024 00:00:00 +0000

For decades, the Nigerian power sector was vertically integrated with the National Electric Power Authority (NEPA) vested monopoly over the entire sector. NEPA though established to provide quality services rather oppressed electricity consumers who had no option but to endure the skanky services offered. Electricity consumers under NEPA suffered inter alia poor power quality supply, outrageous estimated billing and illegal disconnections with impunity. To smash the monopoly and establish a competitive electricity market to reduce electricity prices, stimulate investment and incentivise innovation, the Federal Government of Nigeria
enacted the Electric Power Sector Reform (EPSR) Act 2005. However the competition sought to be introduced in the power
sector was rather symbolic than substantive since the reforms mainly transferred government monopoly in NEPA to privately owned monopoly made up of eighteen Successor

EDUCATION AS A CATALYST FOR BOOSTING THE SELF-IMAGE OF THE AFRICAN CHILD

journal manager; Oluyemisi Bamgbose — Tue, 25 Jun 2024 00:00:00 +0000

Nelson Mandela opined that education is the most potent force that can transform the world. The above statement also applies to transformation of lives. Education is a fundamental right given recognition under the international and regional human rights instruments and national constitutions. Education is not only for the purpose of securing a white-collar job, but also for individual and societal development. Self-image is a product of learning and an outcome of knowledge acquired at different levels of life, be it the family, school and the community. While education can have impact on the self-image of a child, equally, self-image can have effect on education of the child. In relation to the latter, it is important for a child to have positive self-image as it enables the child handle setbacks in education with ease. It is important to examine any correlation between education and self-image and if there is, concerted effort should be made, to ensure that the African child, especially the girl child have quality education to boost and enhance their self- image. While this paper is generally on the African child, there are references to the girl child because of the peculiarities. This paper considers the following: definitions of the child in relation to the African child; the definition and benefits of education; laws regulating the right to education; and highlight factors affecting quality education of the African child. The paper concludes that education is a catalyst for boosting the self-image for the African child and proffers recommendations.

RE-EXAMINING TRUE FEDERALISM CONUNDRUM IN NIGERIA

journal manager; Samuel Ugbo — Tue, 25 Jun 2024 00:00:00 +0000

This article examined the debate on true federalism in Nigeria. Nigeria is a multi-ethnic nation with a versed population of about 200 million people. It was as result of the diversities in Nigeria that the British colonial masters instituted federalism in the country. Federalism in every country has its recipe akin to the provisions of the Constitution. The Nigerian version has Exclusive Legislative List which the federal government alone can legislate or act upon, and the Concurrent Legislative List which the States
and the Federal government can legislate upon. The Residual List (leftovers) is legislated upon by the states alone, and a sharing formula of revenue favourable to the federal government. Nigerian federalism have been criticized on the ground that the Constitution yielded to so much power to the central government, thereby positing that there is no true federalism in Nigeria. There is no gainsaying the fact that there are some challenges confronting federalism in Nigeria. This article concluded that there is true federalism in Nigeria despite its shortcomings. It is suggested that the Constitution should further be altered and more powers should be devolved to the component units so as to promote socio- economic growth at the grassroot.

EXAMINATION OF TAX LAWS AS INTEGRAL SOURCE OF INTERNALLY GENERATED REVENUE IN NIGERIA

journal manager, Iysa Ade Bello, Dr. — Tue, 25 Jun 2024 00:00:00 +0000

This paper focuses on examining tax laws regimes, as an integral source of internally generated revenue in Nigeria. The paper observes that the problems of revenue generation are cogs in the wheel to the smooth running of government administration. The paper’s objective is to find out the extent to which various tax policy reform has affected revenue generation and the development of the Nigeria economy. The paper findings among others include a significant relationship between revenue generated and developmental effort of government, poor development of infrastructural and basic social amenities to the rural people and lack of revenue to maintain the existing infrastructures. The paper recommends, among others that the government provide high quality basic amenities. The paper concludes that by so doing, the people’s interest would be geared towards giving their maximum support to the local government, which would lead to the development of the rural areas.