Papers by Anugbum Onuoha, PhD (Law), BL.
The generic legal description of a mortgage is an agreement between a property owner ('mortgagor'... more The generic legal description of a mortgage is an agreement between a property owner ('mortgagor') and a render l,uoitgager') "Ti;-;;nZ*nii'"oirio*, the mortgagee with the right to hold the property of the mortgagor as security until the loan amount and all interests are fuily pa.ia 6 tin *orrgogrr. In the event of a defaurt i1 reray\s the agre.ed sum of moniy, tlr" mortgagee'has the right to court actions thereof' In certain circumstanles, thi mortgagor mqy, unqvoidably tie third parties to the property giving lise to third party righi over'a mortgaged property. It is this legal complication that this artiile seeks" to explore. iie article thus, explores the nature and applicability of mortgage transactions in the (Jnited Kingdom and Nigeria with focus on the protection i|"tlrn rights of thii parties, interests. The article concludes that, under the fragmented reld ryit"* oy'*ortgog" legar jurisdictions in Nigeria, the rights of third pirties undir mirtgage "to,*r' ,r, not fuyy deveroped.For example, there is a conspicuous rack of derrdei cases on mortgages under Jhmily properties and constructive trusts which are_vastly prominent under the English mortgage laws' under the uK legal regime, there iri provisrons for registration o/. third party rights in the form of legal "irrg", and notices which are not found under the Nigerian legal regimes. The aiticle tltielore recommtends that, there should be a harmonized legal approach in crearing ^wiih mortgages in Nigeria. Thus, Nigeria should borrow some of the features lf *e unitii'Krngdom current practices to protect third parties in mortgage transactions. Keywords: Mortgage, Land, propere, Third pare Rights, Famiry propere, Nigeria '(2007) l0 NWLR (pt r043) 590. ' chattels are movable item of property. There.are two main types of chaltel mortgages: those fbr financing mobile homes and those for financing new equipment. The p6"; of a chattel mortgage is to quickly obtarn ;#:?rffilwith a bad credit historyl finance a new project, oi bo..o* money uy u.rr! movabre property to 'rn olov'u v' Miller Brothers (Liverpool) Ltd (r.g22) 13 NLR ll0, Megary& wade in ..The Law of Real Property"' the essential nature of a mortgage'is that it ir; ;;;y"nce of a legal or equitable interest in property, with a provision for redemption, ihit is,.that upo" ."puy*"i, or u loan or perfonnance of some other obligation, the conveyance shail become void or the interest shall be re_conveved.
Journal of Private and Property Law, 2023
The starting point of this discourse is to acknowledge the provision of section 43 of the current... more The starting point of this discourse is to acknowledge the provision of section 43 of the current Constitution of the Federal Republic of Nigeria which states inter alia: Subject to the provisions of this Constitution, every citizen of Nigeria shall have the right to acquire and own immovable property anywhere in Nigeria. Nonetheless, the right to acquire and own immovable property does not preclude the laws regulating health, safety and the integrity of building constructions in Nigeria.
Commonwealth Law Review, 2023
This paper evaluates the enforcement of informal sector taxation. It shall focus on the selfemplo... more This paper evaluates the enforcement of informal sector taxation. It shall focus on the selfemployed and Small and Medium-Scale Enterprises (SMEs) in order to expand revenue base in Nigeria. It attempts to answer the main question-how to bring into tax net, the hithertho untapped segment, called ''informal sector economy''. Taxation sensitization of informal sector is of recent origin in consonance with the current wave of revenue mobilization and maximization. i It has important potentials to achieve optimum tax collection as additional source necessary to argument government revenue to fund development projects, infrastructural rehabilitation and enhancement of economic growth. This paper articulates measures necessary to effectively bring informal sector participants into taxation ambit. To achieve this,
Journal of Private and Property Law, 2024
At the individual or communal level, a well-defined property rights and a well-administered legal... more At the individual or communal level, a well-defined property rights and a well-administered legal regime of land is critical to circumvent socially detrimental outcomes and conflicts. Protection of property rights comprise one of the most complex and challenging array of concerns that societies have to resolve in logical technique. There are three basic elements of private property as follows: Exclusivity of rights to decide the utility of the property; Exclusivity of rights to the services of the property; and, the rights to interchange, transfer or convey the rem on reciprocally congenial terms. In order to sustain property rights, it is crucial for the property right holder to acquire the title to it, to legally hold and protect it. It is against the backdrop of the sustainability of property rights that this paper seeks to determine whether the mode of protection of land rights in Nigeria through the statutory land registration and land titling systems is justified and sustainable. The paper suggests that the current legal regime in respect of registration and titling is sustainable to the extent of the subsistence of the very controversial Land Use Act. The paper further provide new acumens from the rule of law perspective in an attempt to create scholarly consensus on the critical question of formalizing property rights in Nigeria. It concluded that, the acquisition of title to land through registration does not warranty imperishability of land rights because all lands in Nigeria are held by way of term of year absolute. Consequently that, land titles in Nigeria are extinguishable in time because the titles only confers the right of occupancy for a term of stipulated number of years. It is recommended amongst others that Digitization of land register should be made compulsory.
For more than forty years, the Land Use Act of 1978 has been a fundamental pillar in Nigeria's le... more For more than forty years, the Land Use Act of 1978 has been a fundamental pillar in Nigeria's legislative system regarding land related issues. Throughout its 45-year existence, this Act has functioned as the nation's main governing instrument for land tenure, ownership, and associated rights. This article analyses the connection between the Land Use Act of 1978 and secured credit transactions in Nigeria. This raises the question of whether the act is a detrimental force or beneficial entity in the field of legal theory. The Land Use Act was initially intended to resolve Nigeria's disorganised, informal, and seemingly obsolete land ownership arrangements. However, this has unexpectedly become a cause of complications and difficulties in secured credit transactions. This paper elucidates this paradox and emphasises the necessity of reassessing the Act's function in contemporary Nigerian jurisprudence. This article recommends the removal of specific clauses of the Constitution of the Federal Republic of Nigeria 1999 (as amended) that established the Land Use Act of 1978 as a permanent part of the constitution. The argument is that repealing such a law will enable a country to adapt to the changing dynamics and current demands of its legal and economic environment. Nigeria can enhance its economic growth and development by eliminating this regulatory obstacle and establishing a unified and flexible environment for secured credit transactions.
The article examines the process of decision-making in the WTO. This consideration was provoked b... more The article examines the process of decision-making in the WTO. This consideration was provoked by the attribution of the Doha Round Negotiation impasse to the way the WTO makes decision in addition with the spate of criticism against the WTO and the multilateral Trade Regime. The article attempts to answer the question whether the problem with Doha Round Negotiations lies in the way and manner the multilateral decision is made. The alternatives proposed by scholars to replace consensus and the principle of Single Undertaking were considered. The adoption of any of the alternative may not be the lasting solution to the problem of the WTO. A change of decision making process of the WTO particularly a replacement of consensus rule and the principle of single undertaking is not an antidote to the problem of WTO. The emerging issue in the multilateral trade is that of development particularly in the developing and least developed countries. Economic growth of multilateral trade may not mean the same thing as development but how the negative impacts of global trade could be cushioned is the challenge that could bring lasting solution to the problem of the organization.
Section 20(3) of the Central Bank Act, 2007 provided the statutory authority for the apex bank to... more Section 20(3) of the Central Bank Act, 2007 provided the statutory authority for the apex bank to initiate and implement fiscal policies. The Act further provides that the Central Bank ("the CBN") shall be a fully autonomous body in the discharge of its functions under the Act. By same token, the Banks and Other Financial Institutions Act was enacted to promote stability and continuity in economic management in Nigeria. It is in the exercise of its statutory autonomy that the CBN conceived and implemented several fiscal policies including policies on mortgage, secure credits, and cashless policy. This article therefore critically investigated the effects of the CBN autonomy on property transactions, especially on property related secured credits and cashless system. It is found amongst others that, some of the CBN policies are somewhat defective and unable to create the enabling grounds for growth of the property market with regards to fixing of interest rates and dealing with inflations. However, that the cashless policy of the CBN is highly beneficial to property transactions. It is thus recommended that a more liberal and steady approach should be adopted to curb the dwindling fiscal capacity of the investors in the property market.
AJLC, 2023
The principle of numerus clausus defines the maximum extent of the rights of real property. Simpl... more The principle of numerus clausus defines the maximum extent of the rights of real property. Simply put, it is a common law doctrine of property law which confines the total and type of rights that acceptable by the courts as having the character of "property". Thus, there are certain effects that flows from legitimate property rights that are distinctive from personal rights which flows from other events such as contract and the obligation to pay compensation. Nonetheless, property law allot remedies to the holders of property rights over personal claims which includes but not limited to security in remainder of possession of land or some other asset against termination of the right to possess. It is against this background that this article seeks to evaluate the effects of the principle of numerus clausus on communal property rights in Ikwerre nationality of Rivers State of Nigeria. The article sustains the argument that communal property among the Ikwerre nationality is cultural and of historical origin which implies that there are unlimited rights attached thereof. Therefore, that the principle of numerus clausus is at variance with the rights to property under the Ikwerre native law and customs. It therefore, suggests that, the relevant property legislation should be amended to such extent that, native customs should be recognised in the apportionment of land rights without punitive restrictions.
Science, Technology & Public Policy, 2021
In securing the interests of the parties to an arbitration agreement, arbitral interim measures a... more In securing the interests of the parties to an arbitration agreement, arbitral interim measures are of considerable importance. Due to the capacity of arbitral tribunals and courts to grant and enforce interim measures that make the final award meaningful, arbitration, as a litigation procedure, is becoming increasingly effective. The value of interim measures has grown in recent years in Nigeria as more parties to commercial arrangements and transactions are requesting them, and is expected to expand even more in the coming years. This paper discusses the challenges concerning arbitral interim measures in Nigeria's arbitral proceedings; as such questions pose a challenge to arbitration in the present legal framework. The purpose of the paper is to define, examine and propose solutions to those issues that delay arbitral proceedings or sabotage the nexus of the disputes. Also, the paper illustrates the difficulties faced by arbitrators in granting and implementing interim measur...
This article explores the scope and content of the right to property and critically evaluates the... more This article explores the scope and content of the right to property and critically evaluates the extent to which Nigeria’s legal protection of private property rights is in conformity with international human rights instruments. It highlights the dimensional allegory that depicts the manifold complexes of regional and international human rights laws and provides clear understanding of the divergence in Nigeria’s human rights adherence with specific focus on land and human rights preservation. It argues that the ostentatious narrative of human rights contains a connotation which portrays an epochal challenge set against the controversies of land policies flowing from tyranny of historical origin and the duplicities of the human rights scheme clouded and obscurity. The article advocates for the construction of a truly universal human rights corpus with regards to the protection of private lands in such manner that is multicultural, comprehensive, and intensely apolitical. Keywords : ...
PEOPLE: International Journal of Social Sciences, 2020
Journal of Law, Policy and Globalization, 2020
This article traced the theoretical origins of the legal regime of the current land rights in Nig... more This article traced the theoretical origins of the legal regime of the current land rights in Nigeria. It argues that the configuration of the federal system of government is influenced by institutional theory which has systematically evolved from the era of colonisation backed by the unstable national affinity to the modernisation theory. Both theoretical pivots have given false hope of developing a prosperous national economy that wholly rely on investment in crude oil which required unwavering control of lands. The article posits that, the current state of affair with regards to land use, land ownership rights and the unitary control of land through coercive legislation is consistent with the suggestions of the dependency theory. Therefore, that Nigeria's land laws have evolved to a point of increased uncertainty of tenure for private and communal entities. The article further highlights the deeprooted effects of institutional capture flowing from the theoretical origin of Nigeria's laws and policy formulations on infrastructure including land rights. In conclusion, this article excavated the paradoxes of the laws governing land use and land ownership rights in Nigeria by emphasizing that the true nature and effects of the extant land laws in the country should be evaluated based on its functions and not its form, hence to understand and correct the defectiveness of the land laws, there should be detachment from the false normative expectations about institutional appearance.
Boletin Glaciologico Aragones, 2001
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Papers by Anugbum Onuoha, PhD (Law), BL.