7 research outputs found

    A Comparative Legal Analysis of the Application of Alternative Dispute Resolution (ADR) to Banking Disputes

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    As a result of the ever increasing commercial activities, disagreements which sometimes result into full-blown disputes are bound to occur, requiring resolution, one way or the other. There is no doubt that commercial activities in the industrial and financial sectors, has increased tremendously and frequent disagreement and disputes are necessary occurrence requiring resolution. Whenever disputes occur in the commercial arena, two major hurdles face the disputing parties: How to resolve the disputes quickly, at the least cost and in a manner that will not stifle or disturb the continuum of their business activities. The aim of this paper is to examine the application of Alternative Dispute Resolution Techniques to banking disputes using a comparative approach. Keywords: Alternative Dispute Resolution, Banking Disputes, Nigeria, Select Countrie

    Policy Implications of Cashless Banking on Nigeria’s Economy.

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    The world is going cashless in carrying out businesses. A cashless economy is an environment in which money is spent without being physically carried from one person to the other. In a bid to align with the developmental pace of other nations Central Bank of Nigeria has adopted the cashless policy.This paper considers the implications its applicability will have on the lives of ordinary Nigerians and the business environment and makes appropriate recommendations. Keywords: Cashless Banking, Policy Implications, Nigeria, Economy

    Legal Response to Banking Malpractices in Nigeria

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    Malpractices have over time been prevalent in the Nations’ banking industry. Malpractices are those Practices which are not only contrary to the ethics of the banking profession, but that also constitute infringements of various banking laws and regulations. This paper discusses the various malpractices common to the Nigerian banking industry and the ways the laws had combated these. Key words: Legal control, Banking malpractices, Nigeri

    Legal Appraissal of Nigeria’s External Debt

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    This paper investigates some of the issues that necessitated the country to go into external borrowing. Some of the challenges facing the economy which is evidential today are caused by mismanagement or mishandling of external loan. Consequently, the study proffered some solutions on how to manage Nigeria’s external debt, thereby highlighted some policy measures that if implemented would accelerate the level of economic growth and development and increase the standard of living of every citizen which among other reasons are the core motives of borrowing externally

    Attempted Suicide and the Law in Nigeria: Lessons from Other Jurisdictions

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    Suicide is defined as a self-inflicted injury that results in death. However, attempted suicide is a self-inflicted injury that will result in death. Suicide has been part of human history since antiquity. According to the World Health Organisation, over 700,000 suicides occur around the world each year. For every successful suicide, there are at least 20 failed attempts.The recent suicides of Nigerians, particularly members of the academic community, serve as a reminder that suicide is a complicated and growing epidemic in the country. However, due of the stigma attached to it, its prevalence is typically underreported in Nigeria. The World Health Organisation estimates that Nigeria has 9.5 suicides per 100,000 inhabitants. Every year, more than 700,000 people die by suicide. Furthermore, for every suicide, there are at least 20 suicide attempts.The law in Nigeria regarding attempted suicide appears to be inconclusive and ambiguous. This article tries to shed light on Nigerian law enforcement's efforts to combat the threat of attempted suicide. It will also conduct a comparative examination of existing laws on attempted suicide in other jurisdictions and give recommendations. Keywords: attempted suicide, death, criminal law, Nigeria DOI: 10.7176/JLPG/141-03 Publication date: April 30th 202

    Alternative Dispute Resolution (ADR) And The Settlement of Matrimonial Disputes in Nigeria

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    Matrimonial disputes have, in the wake of a regulated system of dispute resolution, been predominantly resolved through litigation which is largely inconsiderate of the emotional and psychological needs of the parties to the marriage relationship. In essence, the ‘resolution’ of matrimonial disputes has evolved to mean the complete dissolution of the marital relationship; or any other pronouncement by the adjudicator which would allow the aggrieved party to take a leave, whether definite or indefinite, from the matrimony. Remedies provided under extant laws include divorce, annulment and judicial separation. These remedies usually engender a perpetual feeling of hostility between the parties, and invariably, obligations imposed by the adjudicator are typically fulfilled not out of cordiality but under the threat of a sanction for failure. Flowing from the foregoing, there has arisen the need for other effective means of settling matrimonial disputes outside half-hearted attempts at reconciliation. This study examined the role of alternative dispute resolution mechanisms in the settlement of matrimonial disputes, using Nigeria as a case study. It analysed the various causes of matrimonial disputes, remedies and the enforcement thereof. It also discussed the alternative modes of dispute resolution applicable to matrimonial disputes. These were done in order to advocate for the deliberate application of ADR to Matrimonial disputes. Relying on the doctrinal method of research, the study found that while the Nigerian Matrimonial Causes Act encourages reconciliation, collaborative divorce and divorce arbitration have also been applied in matrimonial disputes in other jurisdictions. The study also revealed that, while these methods do not guarantee reconciliation, they certainly engender privacy of the proceedings as well as cordiality between the parties, thereby protecting them from some of the emotional and psychological trauma inherent in litigation. The study concluded although recourse to courts may be inevitable, using ADR for resolving matrimonial disputes is becoming increasingly expedient. Keywords: Matrimony, disputes, litigation, alternative dispute resolution, settlement DOI: 10.7176/PPAR/14-1-07 Publication date: April 30th 202

    Determination of Tort Liability in the Deployment of Artificial Intelligence Technology

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    Technology inventions have been able to impact positively on our society in a number of ways. Irrespective of the positive impacts recorded there are attendant challenges often created by these technologies inclusive of questioning established traditional laws. National legislatures have tried to live up to their responsibilities of amending existing laws or enacting new ones where necessary to address such challenges. Artificial intelligence (AI) brings about special challenges to the extant law on liability, contractual and non-contractual, due the special feature of ability to learn from data from its environment and act autonomously even outside the pre-existing algorithms created by its maker. The opacity, autonomy and self-learning abilities complicate the challenges created by AI particularly to the law. This paper takes a critical look at the regimes of regulation of Artificial Intelligence under the European Union and the United States of America, which are the frontline occupiers in responding to technology developments through laws, regulations and policies. This is in a bid to establishing reasonable bases of apportioning blames in torts committed by AI driven devices. The paper suggests, as a general rule, strict liability for torts committed by AI devices to compensate the wronged parties as such devices cannot assume legal personhood to be liable under the traditional tort law. Keywords: Tort, Artificial Intelligence, Liability, European Union, United States of America DOI: 10.7176/JLPG/141-04 Publication date: April 30th 202
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