ABSTRACT
Corporate Governance emphasis of integrity, accountability, and transparency, amongst ot... more ABSTRACT Corporate Governance emphasis of integrity, accountability, and transparency, amongst others. There is no doubting the fact that corporate organizations have indeed become major actors in the political economy of many countries. Thus, measures and models have been developed nationally and globally towards ensuring corporate survival and adoption of corporate best practices in corporations.
This paper discusses the Legal framework of Corporate Governance under the Companies and Allied matters Act, (CAMA), 2020. In the process two other legislations Investigation and security Act (ISA) and the Banks and Other Financial Institutions Act (BOFIA) will be highlighted and briefly considered. Essentially, the paper shall highlight the various provisions under CAMA, 2020 that touch on the basic principles of Corporate Governance as well as identify and discuss the Institution of Corporate Governance under CAMA. The paper will be concluded with observation and recommendations.
ABSTRACT
There has been concerted efforts to enact appropriate laws to minimize the adverse effe... more ABSTRACT There has been concerted efforts to enact appropriate laws to minimize the adverse effects of energy resource exploitation and to ensure that the benefit that accrue to man and the modern society is not destroyed. Inspite of these, pollution of the environment is still going on at alarming rate. There is no doubt that development and environment linked and often one is achieved at the expense of the other. In advanced economies, it has been realized that many of the processes utilized to improve the standard of living are quite lawful to the environment and can no longer be sustained if the future of the planet earth has to be guaranteed. The challenge has been how to balance environmental interest against the development interest of the developing world. The major challenge with the effective regulation of the environment in the oil and gas sector is the enforcement mechanism. There is no doubting the fact that only an active efficacious policy and legislation can address the degradation of the environment and reverse pollution in the oil and gas sector in Nigeria. This paper appraises the theoretical and legal framework for environmental management in Nigeria, the challenges and makes recommendations towards addressing the challenges.
ABSTRACT
It is not in doubt that the commission of electoral crimes in Nigeria dates back to 19... more ABSTRACT It is not in doubt that the commission of electoral crimes in Nigeria dates back to 1922 but the enactment of criminal legislation to prevent and punish the crimes have not been on the legislative agenda until about 1978. In spite of the long and devastating effects of the scourge on the entire nation and its citizens, there to have been no remedy as the crime continued to persist with more damaging effects. It is in cognizance of this problem that this work, took a critical appraisal of the legal framework for the prevention and punishment of election crimes specifically in Nigeria using doctrinal approach. As a working tool, the Constitution of the Federal Republic of Nigeria 1999(as amended) (CFRN 1999 (as amended), the 2010 Electoral Act (as amended) and the Penal legislation of several other democracies were analysed and findings were made there from. Some of the findings made include that elections related crimes are committed foremost for the purpose of acquiring political and economic power and several other benefits attached thereto. That the undeterred persistence of the crimes is informed by several factors including faulty democratic foundation since 1922 as a result of an entrenched and adopted divisive political culture of religious, regional, sectional and ethnic intolerance, very weak and unenforceable penal legislation and apparent institutional challenges. On the status of the criminal legislation, the work also found that there are inadequate to superintend, prevent and punish the culprits of the ever increasing new techniques which perpetrators develop and employ during each election. In addition to this, it was further found that the 2010 Nigerian Electoral Act(as amended) has omitted to provide for the infliction of the most effective penal measure, that is the application of forfeiture of the asset wrongly acquired and or banning culprits from further participation in politics and or holding public responsibility as punishment against culprits of electoral crimes. These measures have been tested and found to be effective and therefore, enforced in other jurisdictions. From the above, the study further found that the effects of politically motivated crimes in Nigeria extend to undermining the unity and development of the nation as a corporate entity and has also smeared xxxiii the good image of the Country in the eyes of the international community to some extent. The study therefore, recommended that to end the regime of sustained impunity, the legislature must enact adequate, effective and enforceable election crimes legislation particularly against the backdrop of a long history of persistent and wide spread cases of political assassination, thuggery, ballot snatching, intimidation, arson, and several criminal acts which have continued unabated in the electoral history of the nation to date. As an immediate measure however, the work further recommended the overhauling of the entire criminal Justice system because it is noted that the Administration of Criminal Justice Act 2015 did not touch on Elections offences as it has saved the existing offences in the Penal and Criminal Codes. The work then recommended the establishment of an Independent Electoral Crimes Tribunal with offices in all the States of the Federation and the FCT, Abuja. This is necessary, to relieve the Magistrates and High Courts from multiple duties and therefore effectively and efficiently prosecute and punish those who have breached the letters and spirit of the electoral law. This will serve as deterrence to other prospective criminals and also to assuage the general public being the victims. This constituted the fulcrum of this research.
ABSTRACT
Corporate Governance emphasis of integrity, accountability, and transparency, amongst ot... more ABSTRACT Corporate Governance emphasis of integrity, accountability, and transparency, amongst others. There is no doubting the fact that corporate organizations have indeed become major actors in the political economy of many countries. Thus, measures and models have been developed nationally and globally towards ensuring corporate survival and adoption of corporate best practices in corporations.
This paper discusses the Legal framework of Corporate Governance under the Companies and Allied matters Act, (CAMA), 2020. In the process two other legislations Investigation and security Act (ISA) and the Banks and Other Financial Institutions Act (BOFIA) will be highlighted and briefly considered. Essentially, the paper shall highlight the various provisions under CAMA, 2020 that touch on the basic principles of Corporate Governance as well as identify and discuss the Institution of Corporate Governance under CAMA. The paper will be concluded with observation and recommendations.
ABSTRACT
There has been concerted efforts to enact appropriate laws to minimize the adverse effe... more ABSTRACT There has been concerted efforts to enact appropriate laws to minimize the adverse effects of energy resource exploitation and to ensure that the benefit that accrue to man and the modern society is not destroyed. Inspite of these, pollution of the environment is still going on at alarming rate. There is no doubt that development and environment linked and often one is achieved at the expense of the other. In advanced economies, it has been realized that many of the processes utilized to improve the standard of living are quite lawful to the environment and can no longer be sustained if the future of the planet earth has to be guaranteed. The challenge has been how to balance environmental interest against the development interest of the developing world. The major challenge with the effective regulation of the environment in the oil and gas sector is the enforcement mechanism. There is no doubting the fact that only an active efficacious policy and legislation can address the degradation of the environment and reverse pollution in the oil and gas sector in Nigeria. This paper appraises the theoretical and legal framework for environmental management in Nigeria, the challenges and makes recommendations towards addressing the challenges.
ABSTRACT
It is not in doubt that the commission of electoral crimes in Nigeria dates back to 19... more ABSTRACT It is not in doubt that the commission of electoral crimes in Nigeria dates back to 1922 but the enactment of criminal legislation to prevent and punish the crimes have not been on the legislative agenda until about 1978. In spite of the long and devastating effects of the scourge on the entire nation and its citizens, there to have been no remedy as the crime continued to persist with more damaging effects. It is in cognizance of this problem that this work, took a critical appraisal of the legal framework for the prevention and punishment of election crimes specifically in Nigeria using doctrinal approach. As a working tool, the Constitution of the Federal Republic of Nigeria 1999(as amended) (CFRN 1999 (as amended), the 2010 Electoral Act (as amended) and the Penal legislation of several other democracies were analysed and findings were made there from. Some of the findings made include that elections related crimes are committed foremost for the purpose of acquiring political and economic power and several other benefits attached thereto. That the undeterred persistence of the crimes is informed by several factors including faulty democratic foundation since 1922 as a result of an entrenched and adopted divisive political culture of religious, regional, sectional and ethnic intolerance, very weak and unenforceable penal legislation and apparent institutional challenges. On the status of the criminal legislation, the work also found that there are inadequate to superintend, prevent and punish the culprits of the ever increasing new techniques which perpetrators develop and employ during each election. In addition to this, it was further found that the 2010 Nigerian Electoral Act(as amended) has omitted to provide for the infliction of the most effective penal measure, that is the application of forfeiture of the asset wrongly acquired and or banning culprits from further participation in politics and or holding public responsibility as punishment against culprits of electoral crimes. These measures have been tested and found to be effective and therefore, enforced in other jurisdictions. From the above, the study further found that the effects of politically motivated crimes in Nigeria extend to undermining the unity and development of the nation as a corporate entity and has also smeared xxxiii the good image of the Country in the eyes of the international community to some extent. The study therefore, recommended that to end the regime of sustained impunity, the legislature must enact adequate, effective and enforceable election crimes legislation particularly against the backdrop of a long history of persistent and wide spread cases of political assassination, thuggery, ballot snatching, intimidation, arson, and several criminal acts which have continued unabated in the electoral history of the nation to date. As an immediate measure however, the work further recommended the overhauling of the entire criminal Justice system because it is noted that the Administration of Criminal Justice Act 2015 did not touch on Elections offences as it has saved the existing offences in the Penal and Criminal Codes. The work then recommended the establishment of an Independent Electoral Crimes Tribunal with offices in all the States of the Federation and the FCT, Abuja. This is necessary, to relieve the Magistrates and High Courts from multiple duties and therefore effectively and efficiently prosecute and punish those who have breached the letters and spirit of the electoral law. This will serve as deterrence to other prospective criminals and also to assuage the general public being the victims. This constituted the fulcrum of this research.
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Papers by Magai Vimtim
Corporate Governance emphasis of integrity, accountability, and transparency, amongst others. There is no doubting the fact that corporate organizations have indeed become major actors in the political economy of many countries. Thus, measures and models have been developed nationally and globally towards ensuring corporate survival and adoption of corporate best practices in corporations.
This paper discusses the Legal framework of Corporate Governance under the Companies and Allied matters Act, (CAMA), 2020. In the process two other legislations Investigation and security Act (ISA) and the Banks and Other Financial Institutions Act (BOFIA) will be highlighted and briefly considered. Essentially, the paper shall highlight the various provisions under CAMA, 2020 that touch on the basic principles of Corporate Governance as well as identify and discuss the Institution of Corporate Governance under CAMA. The paper will be concluded with observation and recommendations.
There has been concerted efforts to enact appropriate laws to minimize the adverse effects of energy resource exploitation and to ensure that the benefit that accrue to man and the modern society is not destroyed. Inspite of these, pollution of the environment is still going on at alarming rate. There is no doubt that development and environment linked and often one is achieved at the expense of the other.
In advanced economies, it has been realized that many of the processes utilized to improve the standard of living are quite lawful to the environment and can no longer be sustained if the future of the planet earth has to be guaranteed.
The challenge has been how to balance environmental interest against the development interest of the developing world.
The major challenge with the effective regulation of the environment in the oil and gas sector is the enforcement mechanism. There is no doubting the fact that only an active efficacious policy and legislation can address the degradation of the environment and reverse pollution in the oil and gas sector in Nigeria.
This paper appraises the theoretical and legal framework for environmental management in Nigeria, the challenges and makes recommendations towards addressing the challenges.
Books by Magai Vimtim
It is not in doubt that the commission of electoral crimes in Nigeria dates back to 1922 but the enactment of criminal legislation to prevent and punish the crimes have not been on the legislative agenda until about 1978. In spite of the long and devastating effects of the scourge on the entire nation and its citizens, there to have been no remedy as the crime continued to persist with more damaging effects. It is in cognizance of this problem that this work, took a critical appraisal of the legal framework for the prevention and punishment of election crimes specifically in Nigeria using doctrinal approach. As a working tool, the Constitution of the Federal Republic of Nigeria 1999(as amended) (CFRN 1999 (as amended), the 2010 Electoral Act (as amended) and the Penal legislation of several other democracies were analysed and findings were made there from. Some of the findings made include that elections related crimes are committed foremost for the purpose of acquiring political and economic power and several other benefits attached thereto. That the undeterred persistence of the crimes is informed by several factors including faulty democratic foundation since 1922 as a result of an entrenched and adopted divisive political culture of religious, regional, sectional and ethnic intolerance, very weak and unenforceable penal legislation and apparent institutional challenges. On the status of the criminal legislation, the work also found that there are inadequate to superintend, prevent and punish the culprits of the ever increasing new techniques which perpetrators develop and employ during each election. In addition to this, it was further found that the 2010 Nigerian Electoral Act(as amended) has omitted to provide for the infliction of the most effective penal measure, that is the application of forfeiture of the asset wrongly acquired and or banning culprits from further participation in politics and or holding public responsibility as punishment against culprits of electoral crimes. These measures have been tested and found to be effective and therefore, enforced in other jurisdictions. From the above, the study further found that the effects of politically motivated crimes in Nigeria extend to undermining the unity and development of the nation as a corporate entity and has also smeared
xxxiii
the good image of the Country in the eyes of the international community to some extent. The study therefore, recommended that to end the regime of sustained impunity, the legislature must enact adequate, effective and enforceable election crimes legislation particularly against the backdrop of a long history of persistent and wide spread cases of political assassination, thuggery, ballot snatching, intimidation, arson, and several criminal acts which have continued unabated in the electoral history of the nation to date. As an immediate measure however, the work further recommended the overhauling of the entire criminal Justice system because it is noted that the Administration of Criminal Justice Act 2015 did not touch on Elections offences as it has saved the existing offences in the Penal and Criminal Codes. The work then recommended the establishment of an Independent Electoral Crimes Tribunal with offices in all the States of the Federation and the FCT, Abuja. This is necessary, to relieve the Magistrates and High Courts from multiple duties and therefore effectively and efficiently prosecute and punish those who have breached the letters and spirit of the electoral law. This will serve as deterrence to other prospective criminals and also to assuage the general public being the victims. This constituted the fulcrum of this research.
Corporate Governance emphasis of integrity, accountability, and transparency, amongst others. There is no doubting the fact that corporate organizations have indeed become major actors in the political economy of many countries. Thus, measures and models have been developed nationally and globally towards ensuring corporate survival and adoption of corporate best practices in corporations.
This paper discusses the Legal framework of Corporate Governance under the Companies and Allied matters Act, (CAMA), 2020. In the process two other legislations Investigation and security Act (ISA) and the Banks and Other Financial Institutions Act (BOFIA) will be highlighted and briefly considered. Essentially, the paper shall highlight the various provisions under CAMA, 2020 that touch on the basic principles of Corporate Governance as well as identify and discuss the Institution of Corporate Governance under CAMA. The paper will be concluded with observation and recommendations.
There has been concerted efforts to enact appropriate laws to minimize the adverse effects of energy resource exploitation and to ensure that the benefit that accrue to man and the modern society is not destroyed. Inspite of these, pollution of the environment is still going on at alarming rate. There is no doubt that development and environment linked and often one is achieved at the expense of the other.
In advanced economies, it has been realized that many of the processes utilized to improve the standard of living are quite lawful to the environment and can no longer be sustained if the future of the planet earth has to be guaranteed.
The challenge has been how to balance environmental interest against the development interest of the developing world.
The major challenge with the effective regulation of the environment in the oil and gas sector is the enforcement mechanism. There is no doubting the fact that only an active efficacious policy and legislation can address the degradation of the environment and reverse pollution in the oil and gas sector in Nigeria.
This paper appraises the theoretical and legal framework for environmental management in Nigeria, the challenges and makes recommendations towards addressing the challenges.
It is not in doubt that the commission of electoral crimes in Nigeria dates back to 1922 but the enactment of criminal legislation to prevent and punish the crimes have not been on the legislative agenda until about 1978. In spite of the long and devastating effects of the scourge on the entire nation and its citizens, there to have been no remedy as the crime continued to persist with more damaging effects. It is in cognizance of this problem that this work, took a critical appraisal of the legal framework for the prevention and punishment of election crimes specifically in Nigeria using doctrinal approach. As a working tool, the Constitution of the Federal Republic of Nigeria 1999(as amended) (CFRN 1999 (as amended), the 2010 Electoral Act (as amended) and the Penal legislation of several other democracies were analysed and findings were made there from. Some of the findings made include that elections related crimes are committed foremost for the purpose of acquiring political and economic power and several other benefits attached thereto. That the undeterred persistence of the crimes is informed by several factors including faulty democratic foundation since 1922 as a result of an entrenched and adopted divisive political culture of religious, regional, sectional and ethnic intolerance, very weak and unenforceable penal legislation and apparent institutional challenges. On the status of the criminal legislation, the work also found that there are inadequate to superintend, prevent and punish the culprits of the ever increasing new techniques which perpetrators develop and employ during each election. In addition to this, it was further found that the 2010 Nigerian Electoral Act(as amended) has omitted to provide for the infliction of the most effective penal measure, that is the application of forfeiture of the asset wrongly acquired and or banning culprits from further participation in politics and or holding public responsibility as punishment against culprits of electoral crimes. These measures have been tested and found to be effective and therefore, enforced in other jurisdictions. From the above, the study further found that the effects of politically motivated crimes in Nigeria extend to undermining the unity and development of the nation as a corporate entity and has also smeared
xxxiii
the good image of the Country in the eyes of the international community to some extent. The study therefore, recommended that to end the regime of sustained impunity, the legislature must enact adequate, effective and enforceable election crimes legislation particularly against the backdrop of a long history of persistent and wide spread cases of political assassination, thuggery, ballot snatching, intimidation, arson, and several criminal acts which have continued unabated in the electoral history of the nation to date. As an immediate measure however, the work further recommended the overhauling of the entire criminal Justice system because it is noted that the Administration of Criminal Justice Act 2015 did not touch on Elections offences as it has saved the existing offences in the Penal and Criminal Codes. The work then recommended the establishment of an Independent Electoral Crimes Tribunal with offices in all the States of the Federation and the FCT, Abuja. This is necessary, to relieve the Magistrates and High Courts from multiple duties and therefore effectively and efficiently prosecute and punish those who have breached the letters and spirit of the electoral law. This will serve as deterrence to other prospective criminals and also to assuage the general public being the victims. This constituted the fulcrum of this research.