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- ItemThe Indefensible Impacts of Admissibility of Illegally Obtained Evidence in International Arbitration(KWARA STATE UNIVERSITY, 2024) MAGAJI W. OWOLABI, KUDIRATIt is widely recognized that factual evidence holds great importance in international arbitration, as well as in all forms of dispute resolution. Generally, it is understood that a party's claim or defence must be backed by evidence. However, a single set of rules does not govern international arbitration, as the rules can be found in arbitration rules, national laws, or rules of evidence chosen by the parties involved. The various rules related to evidence result in different approaches to contentious issues, such as the admissibility of illegally obtained evidence in international arbitration. This paper aims to examine and analyse the adverse effects of admitting illegally obtained evidence in international arbitration proceedings. It stresses that this practice can have serious consequences and is not justifiable. The paper will utilize a normative juridical approach with descriptive-analytical research specifications. It reveals that such evidence can undermine the fairness and integrity of the arbitration process, which is supposed to be impartial and just. Additionally, the paper finds that allowing illegally obtained evidence can set a dangerous precedent for future cases and promote unethical behaviour. Therefore, this paper proposes handling unlawfully acquired evidence by applying a defined, yet flexible balancing test using criteria commonly applied in international and national practice..
- ItemRESOLVING CORPORATE SOCIAL RESPONSIBILITY (CSR) DISPUTES IN NIGERIA- THE POTENTIALS OF ADR MECHANISMS(KERALA UNIVERSITY JOURNAL OF LEGAL STUDIES, 2023-11-14) MAGAJI W. OWOLABI, KUDIRATConflicts are usual occurrences in the corporate world, particularly between business/ corporate organisations and the stakeholders. Divergent interests, goals, and aspirations are mostly the cause of these disagreements. The Corporate Social Responsibility (CSR) concept, therefore, encourages corporate and business organisations to be socially, economically, and environmentally conscious of their business activities' impacts to minimise conflicts. Thus, conflicts are bound to occur where stakeholders' interests overlap. This makes it imperative for any corporate/ business organisation to include effective conflict resolution management in their business agenda. This paper aimed to establish the importance of CSR projects as a tool to attain a peaceful society and to explore the potential of the use of ADR in resolving CSR disputes in Nigeria. The paper employed a doctrinal methodology of legal research. It therefore adopts descriptive and analytical methods. The paper suggests a model company-based mechanism that aspires to solve disputes via ADR and in a CSR-conscious way. It argues that due to its features, the ADR mechanism would respond effectively to CSR disputes
- ItemTHE EFFICACY OF ONLINE DISPUTE RESOLUTION (ODR) FOR THE RESOLUTION OF INTERNET-RELATED DISPUTES IN NIGERIA(Department o Business & Private Law, Kwara State University, 2024)Businesses and transactions are increasingly moving online as the world becomes more digitalised. The growing volume of online commercial transactions worldwide, enabled by Information and Communication Technology (ICT), has expanded commerce beyond physical boundaries. However, this digital shift has also increased online disputes that parties desire to resolve without resorting to the courts. Hence, there is a need for a resolution method that aligns with digital techniques to address internet-related disputes. This paper assesses the effectiveness of online dispute resolution in resolving internet-related disputes in Nigeria. The research used a qualitative research methodology and relied on library resources. The study revealed that Nigerian business organisations have not fully embraced ODR, despite its numerous benefits. The paper also identifies potential challenges for the smooth operation of ODR in Nigeria.
- ItemAppraising the Enforcement Regime in the Arbitration and Conciliation Act (ACA) of Nigeria(FACULTY OF LAW, UNIVERSITY OF ILORIN, 2021) MAGAJI W. OWOLABI, KUDIRATInternational businessmen have a choice in the resolution of disputes; they may either resort to litigation or submit the dispute to arbitration. The increasing delay, outrageous cost, and undue technicalities associated with the municipal courts make commercial arbitration the preferred mode of settlement in the business world. Ordinarily, parties are expected to abide by the terms of the award; however, where there is a default, the award-creditor may request the court to compel the award-debtor to comply through available enforcement mechanisms. Thus, various States, including Nigeria, make provision for the enforcement of foreign arbitral awards within their legal system. This paper aims to examine the relevant provisions of the ACA relating to the enforcement of foreign awards with particular reference to Sections 51 and 52. The objectives, therefore, are to appraise the legal challenges facing these enforcement regimes as contained in the ACA. The paper revealed that judicial intervention for the enforcement of awards frequently frustrates the gains made by resort to arbitration in the first instance. Their reliance on the national legal system in Nigeria for the enforcement of arbitral awards has numerous legal challenges.
- ItemImpact of Cashless Banking and Currency Redesign on Tax Revenue Generation in Nigeria(Islamic University in Uganda Faculty of Management Studies, 2024-12) Akintoye, Olariyike DamolaIMPACT OF CASHLESS BANKING AND CURRENCY REDESIGN ON TAX REVENUE GENERATION IN NIGERIA Abstract: This paper examines the impact of the cashless banking and the redesign of the currency on tax revenue generation in Nigeria. It makes use of the doctrinal research methodology to recognise the tax prospectives of the cashless banking policy and the currency redesign initiative of the Central Bank of Nigeria. The research looks at currency redesign in other selected jurisdictions like, the United Kingdom, the United States of America and India to draw lessons from them. The study finds out that under the cashless policy, it is easier for the tax authority to fish out tax evaders. This is because the more electronic cash transactions people make, the easier it becomes for the tax authority to track their income and net worth. The currency redesign exercise also has the potential to make tax enforcement easier. This paper recommends the need for measures to be put in place by the government to ensure all necessary banking and digital payment infrastructure, the enabling legal framework to help the economies’ informal sector to accept the system of cashless payment, the enlightenment of members of the public to choose other available payment options, rather than a superfluous dependence on cash, and that Nigeria should put in place a long time plan for the phasing out of old bank notes. The paper concludes that the combination of the two will boost tax revenue and foster a more efficient tax system.