Carnelian Journal of
LAW & POLITICS
Vol. II No. II

I. Implications of Covid-19 on Intellectual Property Rights: Case study of

Unfair Competition and Restraint to trade.

Adetutu D. Aina-Pelemo, PhD, Ayodeji J. Fatehinse, Iseoluwa T. Alade

II. A Socio-Legal X-Ray of Banditry and Kidnapping in Nigeria

Babajide Olatoye Ilo, LL.M

III. Corruption and its Devastating Effects: The Nigerian Experience

Hilary Nwaechefu, PhD, Titus Kehinde Adekunle, PhD

IV. Achieving Good Corporate Governance In Public Companies

Through Directors’ Liabilities: A Multi-Jurisdictional Discourse

Bamidele Olasehinde Adebayo, LL.M

Implications of Covid-19 on Intellectual Property Rights: Case study of Unfair Competition and Restraint to trade.

Adetutu D. Aina-Pelemo, PhD, Ayodeji J. Fatehinse, Iseoluwa T. Alade

Abstract

This study examines how Covid-19 pandemic affects business owner's intellectual property rights, enhances unfair labor competition, and violates the principle of restraint to trade. The authors adopted the doctrinal research methodology. It involves a systematic review of legal propositions, cases, statutes, rules, regulations, legislation, and text-books. It researches law and legal concepts that are identical to the jurisdictions operating under Common Law System. This method focuses more on secondary data due to its theoretical structure. The study notes that employees transitioning to working from home have exposed companies' confidential information to theft, danger and cyber-crimes. Consequentially weakens the implementation of the principle of restraint to trade agreement signed by the employees and makes businesses vulnerable to unfair competition. The study recommends that the best protective practices and internal policies be adopted by companies to safeguard trade secrets within and outside the offices in to mitigate litigation on restraint to trade infringement and unfair labor competition

Keywords: Employment; Intellectual property rights; Covid-19; Restraint to trade; Unfair Labor Competition.

A Socio-Legal X-Ray of Banditry and Kidnapping in Nigeria

Babajide Olatoye Ilo, LL.M

Abstract

Two interrelated crimes that have gained sudden resurgence and prevalence in the Nigerian society in the 21st century are banditry and kidnapping for ransom. Despite the concerted efforts of Governments at every level in Nigeria to keep to its constitutional mandate, by nipping this societal menace in the bud, they have graduated and developed more terrifying mode of operations. The objective of this study is to examine the historical precursor of banditry and kidnapping in Nigeria and the existing extant laws dealing with the menace, while a comparative analysis of provisions of laws in Canada, United States of America and United Kingdom was done to improve on the existing laws in Nigeria with the aid of doctrinal research methodology. Theories of kidnapping were considered to understand the criminological perspectives to this violence crime and implications on banditry and kidnapping in Nigeria. This presupposes that historical research design is effectively utilized through relevant data derived from extant literature, i.e. secondary sources such as textbooks, journal articles, internet sources, and other relevant materials were utilized. Nigerian Government should discourage negotiation with kidnappers by enacting and passing laws that criminalized such negotiation. When citizens genuinely stop paying ransom to bandits, then the incessant kidnapping of innocent citizens by bandits will become a thing of the past. The Federal Government should accede to the yearnings of Nigerians by swiftly concluding the procedure of declaring bandits as terrorists in Nigeria to enable the possible intervention of the military in complimenting the efforts of Nigerian police

Keywords: Banditry, Kidnapping, theories, parental kidnapping, ransom, terrorism, crime.

Corruption and its Devastating Effects: The Nigerian Experience

Hilary Nwaechefu, PhD, Titus Kehinde Adekunle, PhD

Abstract

Corruption is an evil wind that blows no one any good.Corruption impairs the survival and development of any country in the world. Several anti-graft policies had been put in place in Nigeria from 1999 to date, with varying degrees of results achieved at every point in time. This paper's primary objectives are to point out the negative impact of corruption in the citizenry's political and economic lives and the proffers solution to surmount the corruption pandemic challenges in Nigeria. This methodologies adopted in this paper included reference to statute books, textbooks, Internet sources,Newspaper publications and journals. The article finds that the corruption pandemic had been the evil monster that has kept Nigeria politically and economically backwards. There is the need to bring information regarding the ills of corruption to the knowledge of the masses. Monitoring and enforcement of anti-graft laws can only be effective when there is an adequate flow of information. By so doing, the people will become conscious of how corruption militates against the development of Nigeria. This paper recommends sporadic accountability and restructuring of the Nigerian polity. This paper further suggests that the government take proactive measures to enforce anti grafts law and undertake holistic restructuring of Nigeria.

Keywords: Corruption pandemic, Restructuring, Anti-graft agencies,Economic deveolpment, Economic and financial Crime Commission

Achieving Good Corporate Governance In Public Companies Through Directors’ Liabilities: A Multi-Jurisdictional Discourse

Bamidele Olasehinde. ADEBAYO, LL.M

Abstract

Globally, several legislations make provisions for directors’ duties and liabilities.These range from Asia, to America, to Europe and Africa. For example, the English Companies Act (CA) 2006 codifies the general duties of directors, replacing previous common law and equity principles concerning directors’ duties to the Company. The Nigerian Companies and Allied Matters Act (CAMA), 2020 also specify the roles of directors and make provisions that enhance good corporate governance; and the Kenyan Code of Corporate Governance made similar provisions regarding corporate governance. The quest to achieve good corporate governance in public companies is indispensable judging from corporate failures in other jurisdictions, such as the collapse of corporate giants like Enron and World com, among others. Many stakeholders are interested in how public companies are governed, and this requires that officers, especially directors entrusted with the responsibility of managing them must be above board and would, therefore, be liable for their negligence, omission,commissions, or acts that are inimical towards achieving good corporate governance in those companies. This paper, through the use of comparative, doctrinal, and non-doctrinal approaches, discusses the types of liabilities that directors of public companies can incur and the circumstances under which those liabilities are incurred.The article calls for stiffer sanctions to curb directors’ excesses in managing public companies in Nigeria. It recommends robust allowances and adequate prerequisites of office to motivate directors and to discourage fraudulent practices. It concludes that the Company’s overall interests must be paramount in all decisions and actions of directors so that the corporate goal can be achieved.

Keywords: CAMA 2020; Corporate Governance, Public Companies; Directors’ Liability