Browsing by Author "Ojibara H.B"

Now showing 1 - 11 of 11
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    An Examination of the Powers and Functions of the Chairman of the Federal Inland Revenue Services in Relation to the Principles of Corporate Governance in Nigeria.
    (Nasarawa State University, Keffi, 2017-11) Olokooba S.M; Akintoye O.D; Ojibara H.B
    The duty to protect human rights is no longer the sole duty of states but also that of other parties like the multinational corporations, companies and business enterprises which are all part of the private sector. This is because it has been observed that this sector, particularly multinational corporations also violate human rights as their operations have an effect whether positive or negative eon the rights of a group of people which includes employees, customers and communities in which they operate. Hence, the subject matter of business and human rights is a trending issue at the national level. This paper discusses the problem posed by the private sector, specifically the multinationals, and how they violate human rights in Nigeria vis-a-vis the response by the government. The paper finds that the response is poor and the consequence is the increase in violation of human rights in the country. The study recommends that actions be taken to strengthen the laws and develop measures that directly relate to business and human rights. Having examined what is obtainable in other jurisdictions like South Africa and Australia, the study equally recommends that the government follow in their footsteps. This paper examines how the enormous powers given to the Executive Chairman Federal Inlands Revenue Services under the Federal Inlands Revenue Services (Establishment) Act 2007 negate the workability of the principles of Corporate Governance in the activities of the Service. In doing this, the paper appraises the jurisdictional bases as well as legal framework of Corporate Governance in Nigeria. The paper further examines how section 1 of the Act which has direct bearing on the qualification and function of the Executive Chairman negates corporate governance principle and the danger such may pose to the administration of the Service. The paper in the final analysis draw conclusion and make some practical recommendations that may aid the effective application of the principles of Corporate Governance in the Federal Inlands Revenue Services of Nigeria.
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    An Overview of Legal Education in Nigeria: Challenges & Prospects
    (Nigerian Institute of Advanced Legal Studies, Abuja., 2019) Ojibara H.B
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    An Overview of the Clogs in the Effective Corporate Governance in Nigeria
    (Faculty of Law, Kogi State University Anyigba, 2013) Olokooba S.M; Ojibara H.B
    Corporate governance is an issue that has come to the forefront in the spate of financial/ company collapses which led to a greater awareness all over the World and the need to adopt simple rules both by law and self-regulation. This paper examines the emergence of corporate governance with an insight into the development and growth of the corporate governance regimes in Nigeria. The paper further examines the legal framework of corporate governance and clogs to effective corporate governance in the country. The paper draws conclusion and make some practical recommendation for effective corporate governance in Nigeria.
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    Arbitrability of Intellectual Property Disputes: A Cue from Global Legal Approaches
    (Kwara State University Press and Publishing, Ilorin, 2024) Adam K.I; Daibu A.A; Ojibara H.B
    The paper is an attempt to undertake a mapping of the literature and legal provisions concerning the approaches adopted towards settlement of intellectual property disputes by means of arbitration. The main point of departure is that intellectual property as an embodiment of legal devices for incentivising creativity and innovations is endowed with vast opportunities to generate businesses and investments, the same as it is greatly amenable to threats of disputes arising from such PI transactions as licensing and transfer agreements, cases of infringements, challenge of ownership and even validity of the IPR itself. Considering the growing interests in the use of arbitration for settlement of disputes, and the possibility of IP disputes as a candidate for such purpose, there is apparent prospect for a friendly interface. However; the reality of their individual characteristics raises a question about the imminent tension that would manifest in the relationship between arbitration. which is a means for settlement and intellectual property, which is essentially created by public authority to promote creativity and public welfare. Anecdotal evidence has revealed that legislation presents good opportunities which can be harnessed to resolve het challenges.
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    Property Rights as a Vehicle to Foster Economic Growth
    (Joseph Ayo Babalola University, 2014) Ugowe O.A; Ojibara H.B
    This paper studied the benefits of secured property and contract rights to foster economic development especially for developing economies. It examined this through individuals especially the poor accumulating and protecting properties in accordance with the Laws of the State in order to access finance for wealth creation. It described the rate and extent to which property rights protected by the state is an indication of how effective or ineffective the Laws of the States are with regards to the branches of government in existence especially the judiciary which is saddled with the responsibility to enforce the Laws of a State. It also showed the harmony between property rights, access to finance and economic development in relation to a market-based economy.
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    Quantum of Quality Control in Trade Mark Licensing Under the Nigerian Law
    (Nigerian Institute of Advanced Legal Studies Journal of Intellectual Property [NJIP], 2020) Adam K.I; Ojibara H.B; Omotosho A.I
    Trademark is comprised of a message about the quality of the goods to which it is connected. Accordingly, the statutory sanction for trademark licensing is circumscribed with the duty on the part of the owner to control quality of the goods of the licensee sold under his mark. The aim of this article is generally to present the weaknesses and challenges of the Nigerian provisions on quality control relating to trademark licensing, and its specific objectives include to ascertain the quantum of quality control required for valid trademark licensing. Specific issues raised in the article include the actual purport of the provisions of the Nigerian Trade Mark Act relating to quality control, whether it is certain and predictable. In particular, the terms 'relationship' and 'control' by their ordinary meanings present possible interpretive challenges for the courts, registry and practitioners alike. Among the questions to which the article will seek answers is that relating to the nature and types of relationship and control intended by the Act. Based on the assumption that product quality is the focus of the control under the provision, further inquiries about the extent and dimensions of quality and quality control are made through the cases. Relevant provisions in other countries will be examined to identify useful lessons for Nigeria.
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    Takeovers as an Effective Mechanism for Corporate Governance
    (Faculty of Law, University of Ilorin, 2015) Ugowe A.O; Igbayiloye O.B; Ojibara H.B
    Corporate governance found itself in the forefront of the discourse in the business and academic world as a result of high level of scandals which led to the collapse of hitherto strong multinational companies which were once thought to be sure bets. The need for the prevention of a reoccurrence of such scandals and improvement on a company's corporate governance system has prompted this study. The study aims at examining takeovers regime as an efficient and effective mechanism for regulating corporate governance. It adopts a balanced approach whereby discussion is focused on the nature of takeovers, its ramifications, justifications, shortcomings and efforts of the European Unions to promote the regime within the Union. The paper found the regime to be very useful subject to certain limitations which caused the need to recommend other mechanisms for the regulation of corporate governance than takeovers.
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    The Approaches of the European Court of Justice and the English Courts to Parallel Proceedings in different States, where the matter falls within the scope of the Brussels Regulation I
    (Department of International Law and Jurisprudence, Faculty of law, Ebonyi State University, Abakaliki, 2014-03) Ojibara H.B
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    The Efficacy of Nigerian Laws in Controlling the Impact of Environmental Degradation
    (Faculty of Law, Benue State University, Makurdi, 2014) Ojibara H.B; Ugowe A.O
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    The Role of Non-Executive Directors in the Governance of Companies: Reference to the United Kingdom Companies Act 2006
    (Kogi State University, 2013) Ojibara H.B
    The relevance of directors especially the non-executive directors is one important issue that has come to light and been in contention especially with the major world companies in the advanced nations. This paper discusses the historical roles of non-executive directors (NEDs) starting with the Cadbury (1992) Code of Best practice and their role in contemporary corporate governance regime. It goes further to examine the managerial and governance functions of the non-executive directors on board, the changes in composition and governance roles brought about by the recent reforms and how these reforms have altered the duties, objectives, composition or incentives of the board. Also, the difficulties faced by non-executive directors in fulfilling their roles and whether the governance reforms are likely to produce significant improvements to the governance of these companies and possible future developments. This paper is based on the UK corporate governance system, but will draw on examples from other jurisdictions for comparative purposes.
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