VIOLATION OF THE CONSTITUTION BY SECURITY AGENCIES IN REMAND PROCEEDINGS IN LAGOSSTATE: AN EXAMINATION OF THE ROLE OF MAGISTRATES AS ENABLERS
ByElvis Evbaruovbokhanre AsiaLegal Practitioner, Lagoselvis.easia@gmail.com09017163850 Introduction The detention of suspects using remand orders by security agencies in Nigeria appears to have taken a dangerous curve in recent times. Security agents, acting under influences other than law enforcement, have continued to subvert the law by violating constitutionally guarantee rights of suspect through surreptitiously obtained remand orders. […]
WRJ-NICN NO. 1- ARBITRATION OF EMPLOYMENT DISPUTES IN NIGERIA
Udom Ufok Obot v. Communication Network Support Services Ltd4/7/2024- Justice (Prof.) E.A. Oji Main Issue of law Arbitration of employment disputes under the Arbitration and Conciliation Act, now Arbitration and Mediation Act Summary of facts The Claimant was employment by a Contract of employment dated 5th June, 2007 which provides that in the event of dispute […]
WRJ-NICN NO. 2- APPOINTMENT OF MANAGING DIRECTOR AND APPLICATION OFINTERNATIONAL BEST PRACTICES
Dr. Pius Apere v. Linkage Assurance Plc19/7/2024- Justice (Prof.) E. A. Oji Main issues of law a). Termination of appointment of a Managing Directorb). The implication of international best practices on the dichotomy between termination and dismissal in Nigeria Summary of facts The Claimant was appointed as Managing Director/CEO of the Defendant by the Defendant. […]
WRJ-NICN NO.7 – ENFORCEMENT OF HANDBOOKS AND POLICY MANUALS
Emeya Patrick Ehiametalor V. Heritage Bank17/7/2024- Hon. Justice S. A. Yelwa Main issue of law Enforcement of Handbooks and Policy Manuals Summary of facts The Claimant, who was no longer employed by the Defendant, filed an action claiming entitlement to a Status Car under the Defendant’s Human Capital Policy Manual during his tenure. The Manual provides […]
WRJ-NICN NO. 4- SUSPENSION, PROMOTION AND EMPLOYEES’ DUTIES
Mr. Eshiet Etim Ekpenyong V. Cross River Basin Dev. Authority17/7/2024- Hon. Justice Sanusi Kado Main issues of law a). Employer’s right to suspend an employeeb). Employee’s entitlement to promotionc). Rights of employee in official quartersd.) Treatment of the same sets of facts in criminal and civil proceedingse). Employees’ duty of diligence and good faith Summary of […]
WRJ-NICN NO. 6- CONSTRUCTION OF EMPLOYMENT CONTRACT, IMPLIED DUTIES, SUSPENSIONAND DISCHARGE FOR CRIMINAL MISCONDCUT
Crown Flour Mills Ltd v. Gbenga Akinyemi12/9/2024- Hon. Justice Joyce A. O. Damachi Main issues of law Summary of facts The Claimant introduced a “Condonation Scheme” to boost the sales volume of poultry feed. It was a monthly rebate program aimed at encouraging customers to purchase larger quantities by offering a discount. On the instruction […]
WRJ-NICN NO.3 – ENFORCEMENT OF HANDBOOK, CONSTRUCTIVE DISMISSAL AND APPLICATIONOF INTERNATIONAL BEST PRACTICES
Mr. Olawale Nathaniel Adewunmi V Atlas Copco Nigeria Limited 116/7/2024- Justice M.N. Esowe Main issues of law Summary of facts Upon return from leave, the Claimant was called into a meeting with options to either resign or have his employment terminated. The Claimant resigned and instituted the claim for constructive dismissal and claimed damages calculated […]
WRJ-NICN NO.5 – FAIR HEARING, APPLICATION OF UNRATIFIED INTERNATIONAL BEST PRACTICESAND DAMAGES FOR WRONGFUL TERMINATION
Ifeatu Anthony Emodi v. Diamond Bank Of Nigeria Plc 1 13/8/2024- Hon. Justice Sanusi Kado Main issues of law Summary of factsThe claimant, who was stationed at the Enugu branch, was invited via letter to the head office of the defendant in Lagos on March 19, 2014, for a meeting scheduled for March 21, 2014. […]
WINDFALL FOR WRONGFUL TERMINATION OF EMPLOYMENT: A REVIEW OF THE POWER OF THE NATIONAL INDUSTRIAL COURT TO AWARD EXEMPLARY DAMAGES
WINDFALL FOR WRONGFUL TERMINATION OF EMPLOYMENT: A REVIEW OF THE POWER OF THE NATIONAL INDUSTRIAL COURT TO AWARD EXEMPLARY DAMAGES By Elvis E. Asia[1] Introduction Buoyed by the National Industrial Court Act, 2006 and Third Alteration of the Constitution[2] which expanded the scope of its jurisdiction and vested it with the power to apply International […]
BALANCING CONTENDING INTERESTS IN THE 2020 PETROLEUM INDUSTRY BILL
BALANCING CONTENDING INTERESTS IN THE 2020 PETROLEUM INDUSTRY BILL Introduction The 2020 Petroleum Industry Bill (PIB) offers Nigeria perhaps the last opportunity to restructure and reform the petroleum industry in order to get as much benefits as possible from oil and gas. It should also be a platform for the country to prepare for […]