It is now a common view that lack of access to adequate finance is the bane of Micro, Small and M... more It is now a common view that lack of access to adequate finance is the bane of Micro, Small and Medium Enterprises (MSMEs) in developing economies. It is also widely noted that MSMEs difficulty in accessing finance is mostly due to their lack of fixed assets such as land or buildings which institutional lenders demand as collateral. Influenced by the International Finance Corporation, Nigeria in 2017 enacted secured transactions laws which establish financial infrastructures for securing credit with movable assets. Until after some years, an empirical study of the impact of the laws on MSMEs’ access to finance would be premature and inconclusive. This paper is a theoretical analysis that engages the question; how can a legal and institutional framework for accessing credit with movable collateral solve the problem of access to adequate finance for MSMEs in developing economies like Nigeria? Keywords: MSMEs finance, access to finance, movable collateral, macro-economic variables, sec...
Statutes of limitations are ubiquitous. Almost every civil claim must be filed within a prescribe... more Statutes of limitations are ubiquitous. Almost every civil claim must be filed within a prescribed period of time. When the limitation period expires, the value of the claimant’s claims suddenly drops to zero. The focus of this paper is a critique of the attitude of the Nigerian courts allowing rigidity in the application of the limitation laws even in obvious instances where equity should have prevailed. It is ironical to note that limitation law, which is a product of equity to prevent defendants from being responsible to claimants over stale claims, is being used as an instrument of hardship and injustice against the claimants. The paper interrogates the rationale behind limitation laws, theories of limitation laws, and an analysis of court’s decisions in the application of the law.
The law recognizes that prisoners retain their constitutional rights that are not inconsistent wi... more The law recognizes that prisoners retain their constitutional rights that are not inconsistent with the reason and conditions of their imprisonment. In particular, prisoners are considered to retain the right to property and the right to have access to the courts for the protection and defense of their residual constitutional rights. And under the law, prisoners who possess the requisite mental and intellectual abilities are deemed to have legal capacity to sue or be sued. But in reality, prisoners are effectively disabled from exercising the right or legal capacity to institute civil action or enter defense for the purpose of protecting or defending their right to property. This article critically examines the legal capacity of prisoners to sue or enter defense when sued in civil action that involves their right to property or other proprietary interests. The article proposes an expansion of the scope of the existing concept of legal disability to admit of prisoners as suffering a ...
International Journal of Discrimination and the Law, 2017
In Nigeria, gender roles are manifested in social rights and entitlements in a form which denies ... more In Nigeria, gender roles are manifested in social rights and entitlements in a form which denies women equal economic and political empowerment and, in particular, women right to own land. The consequence of gender discrimination in land ownership is women’s lack of access to land which constitutes a major source and means of wealth creation and economic empowerment, hence women’s vulnerability to poverty. This article considers a land redistribution reform which can address the discrimination against women in land ownership and give women access to land for economic empowerment, thereby alleviating poverty among women in Nigeria. The article proposes that an ideal land reform in Nigeria has to fulfil three key objectives of equity, equality and productivity which the article refers to as ‘new equities’. It argues that only a redistributive land reform which integrates these ‘equities’ can adequately address gender discrimination in land ownership, ensure women’s access to land for ...
Large-scale land acquisitions in African countries by foreign investors who use such lands for ag... more Large-scale land acquisitions in African countries by foreign investors who use such lands for agricultural purposes that have negative socio-economic and environmental impact in host countries is considered as ‘land grabbing in Africa’. In the context of the environment, the type of crops and monoculture practices undertaken by the foreign investors led to changes in land use, deforestation, exposure of land to soil erosion, depletion of water sources, pollution of surface water and contamination of ground water as a result of the intense use of agro-chemicals. Collectively, these have had a deleterious environmental impact in host countries. This article examines the phenomenon of ‘land grabbing in Africa’ by identifying the type of land-based agricultural investments by foreign entities and the environmental impact of such investments in African countries like Nigeria. The article argues that the prevailing Nigerian environmental law cannot ensure sustainable development as it do...
It is now a common view that lack of access to adequate finance is the bane of Micro, Small and M... more It is now a common view that lack of access to adequate finance is the bane of Micro, Small and Medium Enterprises (MSMEs) in developing economies. It is also widely noted that MSMEs difficulty in accessing finance is mostly due to their lack of fixed assets such as land or buildings which institutional lenders demand as collateral. Influenced by the International Finance Corporation, Nigeria in 2017 enacted secured transactions laws which establish financial infrastructures for securing credit with movable assets. Until after some years, an empirical study of the impact of the laws on MSMEs’ access to finance would be premature and inconclusive. This paper is a theoretical analysis that engages the question; how can a legal and institutional framework for accessing credit with movable collateral solve the problem of access to adequate finance for MSMEs in developing economies like Nigeria? Keywords: MSMEs finance, access to finance, movable collateral, macro-economic variables, sec...
Statutes of limitations are ubiquitous. Almost every civil claim must be filed within a prescribe... more Statutes of limitations are ubiquitous. Almost every civil claim must be filed within a prescribed period of time. When the limitation period expires, the value of the claimant’s claims suddenly drops to zero. The focus of this paper is a critique of the attitude of the Nigerian courts allowing rigidity in the application of the limitation laws even in obvious instances where equity should have prevailed. It is ironical to note that limitation law, which is a product of equity to prevent defendants from being responsible to claimants over stale claims, is being used as an instrument of hardship and injustice against the claimants. The paper interrogates the rationale behind limitation laws, theories of limitation laws, and an analysis of court’s decisions in the application of the law.
The law recognizes that prisoners retain their constitutional rights that are not inconsistent wi... more The law recognizes that prisoners retain their constitutional rights that are not inconsistent with the reason and conditions of their imprisonment. In particular, prisoners are considered to retain the right to property and the right to have access to the courts for the protection and defense of their residual constitutional rights. And under the law, prisoners who possess the requisite mental and intellectual abilities are deemed to have legal capacity to sue or be sued. But in reality, prisoners are effectively disabled from exercising the right or legal capacity to institute civil action or enter defense for the purpose of protecting or defending their right to property. This article critically examines the legal capacity of prisoners to sue or enter defense when sued in civil action that involves their right to property or other proprietary interests. The article proposes an expansion of the scope of the existing concept of legal disability to admit of prisoners as suffering a ...
International Journal of Discrimination and the Law, 2017
In Nigeria, gender roles are manifested in social rights and entitlements in a form which denies ... more In Nigeria, gender roles are manifested in social rights and entitlements in a form which denies women equal economic and political empowerment and, in particular, women right to own land. The consequence of gender discrimination in land ownership is women’s lack of access to land which constitutes a major source and means of wealth creation and economic empowerment, hence women’s vulnerability to poverty. This article considers a land redistribution reform which can address the discrimination against women in land ownership and give women access to land for economic empowerment, thereby alleviating poverty among women in Nigeria. The article proposes that an ideal land reform in Nigeria has to fulfil three key objectives of equity, equality and productivity which the article refers to as ‘new equities’. It argues that only a redistributive land reform which integrates these ‘equities’ can adequately address gender discrimination in land ownership, ensure women’s access to land for ...
Large-scale land acquisitions in African countries by foreign investors who use such lands for ag... more Large-scale land acquisitions in African countries by foreign investors who use such lands for agricultural purposes that have negative socio-economic and environmental impact in host countries is considered as ‘land grabbing in Africa’. In the context of the environment, the type of crops and monoculture practices undertaken by the foreign investors led to changes in land use, deforestation, exposure of land to soil erosion, depletion of water sources, pollution of surface water and contamination of ground water as a result of the intense use of agro-chemicals. Collectively, these have had a deleterious environmental impact in host countries. This article examines the phenomenon of ‘land grabbing in Africa’ by identifying the type of land-based agricultural investments by foreign entities and the environmental impact of such investments in African countries like Nigeria. The article argues that the prevailing Nigerian environmental law cannot ensure sustainable development as it do...
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