ISSN: 2521-2605
Affiliations: None
Source: Journal of Comparative Law in Africa, Volume 4 Issue 2, p. 184 – 199
None
ISSN: 2521-2605
Affiliations: None
Source: Journal of Comparative Law in Africa, Volume 4 Issue 2, p. 174 – 183
The Congolese banking system, has been less developed and less diversified at the origin, it has strongly been degraded with political crisis persistency and economics. The emergency funds transfer system by telephone in the Democratic Republic of Congo that reveals the consequence of sub-banking of the country and the unsatisfactory of the population due to the benefit of financial short service messages. The system set by operators of mobile phones has become a helpful way that allows modest Congolese to make transfer operations and funds receiving through their mobile phones without taking into account the traditional methods of funds transfer which have been noticed unreliable and disadvantageous to that kind population. However, should we underline that this system lacks juridical safety whereas classic system of funds should be made by giving payment note to the person after having paid his/her money as proof warrant in case of misunderstanding and elsewhere there is no legislative regulation. It is therefore important to regulate for that issue.
ISSN: 2521-2605
Affiliations: None
Source: Journal of Comparative Law in Africa, Volume 4 Issue 2, p. 130 – 173
None
ISSN: 2521-2605
Affiliations: Senior Lecturer, Business Law Department, Faculty of Law, University of Benin, Benin City, Nigeria; Abuja, FCT-based legal practitioner; Solicitor/barrister of the Supreme Court of Nigeria
Source: Journal of Comparative Law in Africa, Volume 4 Issue 2, p. 105 – 129
The jurisdiction of the Investment and Securities Tribunal as a court of first instance to the exclusion of regular courts in matters pertaining to the capital market has generated debate within the legal community because of Nigeria’s previous history with ouster clauses under military rule. This is more so when the independence of the tribunal is subject to question due to the wide powers conferred on the Finance Minister in Nigeria in the appointment of the chairman of the tribunal, for example, active legal practice is not an obligatory criterion for legal practitioners who may be considered for membership of the tribunal as only their experience in the capital market matters. Adjudication by the tribunal is preferred by some aggrieved because unlike the regular courts it is not burdened by technicalities, arbitration is swift and just like the regular courts, an aggrieved has a right of appeal. Despite these features, agitation for the removal of the exclusive jurisdiction has continued to heighten. This paper argues that there is a need for the review of the provisions of the enabling Act on membership of the tribunal; particularly for legal practitioners by requiring that such a member must be in active legal practice prior to his appointment as a means of assuaging the frequent appeals on the grounds of lack of fair hearing at the appellate courts. There is also the need for the public, key investors in the capital market about the activities of the tribunal as an alternative means of judicial redress. It concludes with the position that various securities tribunals/regulatory bodies must be manned with persons of expertise knowledge and technical know-how. This would ensure that securities tribunals are efficient, strong, transparent and responsive to the investors in the capital market.
ISSN: 2521-2605
Affiliations: None; Postdoctoral Fellow, Centre for Comparative Law in Africa, University of Cape Town
Source: Journal of Comparative Law in Africa, Volume 4 Issue 2, p. 77 – 104
As a widespread practice, child marriage has defied legislation in most sub- Saharan African countries. Is there a link between this defiance and distortions of the meaning of bridewealth? In its original sense, bridewealth functioned as the legitimating sign of marriage, a pledge that the bride will be well treated and a figurative recognition of her fecundity and worth to her community. Today, economic stratification and other socio-economic changes have commercialised bridewealth payment. This article draws a causal link between the distortion of bridewealth payment and the persistence of child marriage in Africa. Arguably, this persistence questions the influence of State law on normative behaviour in social fields. The article locates this argument in the disconnection between State law and people’s cultural practices, a notable feature of legal pluralism in post-colonial societies. While legislation remains important in campaigns against child marriage, policy makers should be mindful of its limitations in the face of customary law and socio-economic realities. Accordingly, anti-child marriage campaigns should aim to educate role players in child marriage and, generally, recognise the close link between early marriage, high bridewealth and normative interaction.
ISSN: 2521-2605
Affiliations: Lecturer and former Sub-Dean, Faculty of Law, Delta State University, Abraka (Oleh Campus), Nigeria, Legal consultant and Principal of the law firm of Abuza and Associates
Source: Journal of Comparative Law in Africa, Volume 4 Issue 2, p. 34 – 76
The Nigerian Companies and Allied Matters Act (CAMA) 2004 came into force on 2 January 1990. It provides the procedure for the removal of secretaries of public companies for alleged misconduct by the directors of public companies which said procedure accords them an opportunity to defend themselves before they can be removed for alleged misconduct. Thus, the employment of secretaries of public companies is protected by statute in Nigeria. There are, however, no statutory provisions in the CAMA 2004 on the procedure for the removal of secretaries of private companies for alleged misconduct by directors of private companies. In short, the Act is silent on the subject. This lacuna is being abused, as some directors of private companies in Nigeria have sought sanctuary under it to remove secretaries of private companies for alleged misconduct without giving them an opportunity to defend themselves. Although, no statutory procedure is in the CAMA 2004 on the removal of secretaries of private companies for alleged misconduct by directors of private companies, this article examines the power of removal of secretaries of private companies for alleged misconduct by directors of private companies in Nigeria and draws an analogy against the backdrop of the provisions of the CAMA 2004 with respect to the removal of secretaries of public companies for alleged misconduct, the provisions of the Constitution of the Federal Republic of Nigeria (CFRN) 1999, the common law rules of natural justice, case law as well as the provisions of International human rights instruments. It is the view of the writer that the removal of secretaries of private companies for alleged misconduct by directors of private companies in Nigeria without giving them an opportunity to defend themselves is discriminatory and contrary to section 36 of the CFRN 1999, the common-law rules of natural justice, international human rights instruments and international best practices. Notwithstanding the fundamental differences between private companies and public companies, the writer suggests, among other things, the amendment of the Act to provide the procedure for the removal of secretaries of private companies for alleged misconduct by directors of private companies which said procedure must accord them an opportunity to defend themselves before they can be removed for alleged misconduct by directors of private companies. This is in line with the ‘equal protection of the law and non-discrimination’ principle as enunciated in section 42(1)(a) and (b) of the CFRN 1999 and international human rights instruments; right to a fair hearing as guaranteed under the common-law rules of natural justice, section 36 of the CFRN 1999 and international human rights instruments; international best practices; and the rule of law.