Retrospective Operation of Statute: An Overview Of Section 35(5) Of Amcon Act, 2019.

Retrospective operation of Statute is an application of the law to actions, which existed prior to the enactment of the said law. That is, such laws change or alter the legal consequences of acts that took place prior to its enactment. A retrospective law impairs an existing right by creating or imposing a new liability for an act committed before the enactment of a law. A retrospective legislation is contrary to the general principle of prospective operation of law; which provides for and, regulates the future acts of men, and does not interfere in any way with what happened in the past. The question that we face during the applicability of retrospective law is whether a statute or law, should be given a retrospective effect, which takes away or impairs an existing right or impose a new liability.

Nigerian Justices Have Been Selling Election Judgments To Incumbent Presidents Since 1979

Chief Awolowo and Olusegun Obasanjo exchanged some testy epistles reproduced in Musikilu Mojeed’s The Letterman, in which Awolowo effectively alleged that the appointment of Fatayi-Williams as CJN in 1979 came with an implicit bargain concerning the determination of the election petition of that year. He also suggested that days before the Supreme Court announced the decision on 26 September 1979, Chief Justice Atanda Fatayi-Williams leaked the decision of the Court to General Obasanjo, who desired to be reassured that he could proceed with the inauguration date of 1 October 1979 as planned. Forty-four years later, the current incumbent travelled to India with the assurance of a man who knew that the imminent announcement of the PEPT judgement did not threaten his position.

Appraising Section 14 of the Business Facilitation Act 2023 and its Effect on Banks

The consequence of the amendment is that public companies can no longer appoint a minimum of three (3) independent directors. The new requirement compels public companies to appoint not less than one-third of their board members as independent directors. So, for instance, if an affected public company has 18 members on its board, six (6) of them are required by the amendment to be independent directors. Under the old law, it would have been three (3). The impact of 275 (1) & (2) of CAMA (as amended) is that some public companies may need to replace Non-Executive Directors or Executive Directors on its board with independent directors to maintain the threshold of one-third of the board members provided by the new section 275 of CAMA. Some boards of public companies may lose policy control of their companies. 

Navigating the Investment Spectrum: Ordinary Shares vs Preferred Shares. The Investors’ Dilemma

When dividends are declared, ordinary shareholders are the last set of persons to be paid. The amount paid will differ from one month to another depending on the profits declared by the company. Preferred shares on the other hand, often have a fixed dividend rate specified at the time of issuance. The dividend is usually expressed at a percentage based on the face value or par value of the shares. Unlike ordinary shareholders, preferred shareholders typically receive their dividends before ordinary shareholders receive theirs, and the dividend amount is predetermined and unchanging throughout the duration of that investment.

Securing Nigeria’s Maritime Domain: Vigilance, Hot Pursuit, and Combating Crude Oil Theft

Hot pursuit is the right of a coastal state to continue, outside its territorial sea, contiguous zone, or certain adjacent areas, the pursuit of a foreign vessel that has violated its laws and regulations while in its internal waters or territorial sea, contiguous zone, or certain adjacent areas. The pursuit must, however, have started as soon as the violation occurred and not been aborted.

Lawyers/Law Firms are Taxable Persons Liable to Pay VAT — Conclusions from Al-Masser vs. FIRS

“Taxable person” includes an individual or body of individuals, family, corporations sole, trustee or executor or a person who carries out in a place an economic activity, a person exploiting tangible and intangible property for the purpose of obtaining income therefrom by way of trade or business or a person or agency of Government acting in that capacity.

In delivering its judgment, the Court of Appeal held that a lawyer or firm of lawyers in private practice provides legal services for a fee, and so are taxable persons bound by sections 1, 2, 14(1), 15(1) and 46 of the VAT Act to pay VAT to the FIRS for legal services they provide. In the words of the Court of Appeal,…