Abubakri Yekini
The University of Manchester, School of Law, Faculty Member
- Lagos State University, Lagos, Nigeria, Civil Law, Faculty Memberadd
- Licensed to practice law in Nigeria. Interested in all aspects of cross-border civil and commercial litigation.edit
Research Interests:
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Choice of jurisdiction and applicable law are two questions that usually confront both litigants and the courts. Both have different rules guiding their application. What determines the jurisdiction of a court is different from what... more
Choice of jurisdiction and applicable law are two questions that usually confront both litigants and the courts. Both have different rules guiding their application. What determines the jurisdiction of a court is different from what informs which law is applicable to a matter. In multi-state tort actions, it is a general principle of traditional English common law that a forum court applies the forum law to such actions provided ‘double liability’ of the defendant is proved. This is what is known as the rule in Phillips v Eyre . As straightforward as the double liability rule is, a critical appraisal of Nigerian case law reveals that Nigerian courts including the Supreme Court have continuously misconstrued and misapplied the rule as a rule of jurisdiction rather than that of applicable law. The misapplication of this rule in some cases has resulted in obvious miscarriage of justice; further compounded the problem of choice of jurisdiction rules of the courts and at the least portra...
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The article challenges the prevailing views that Islamic law is not applicable in southern part of Nigeria and that the civil courts do not have jurisdiction over matters bordering on Islamic personal law. It argues that these views are... more
The article challenges the prevailing views that Islamic law is not applicable in southern part of Nigeria and that the civil courts do not have jurisdiction over matters bordering on Islamic personal law. It argues that these views are wrong as litigants are denied access to justice since no state in the southern part of Nigeria has established Islamic courts. The article further argues that the existing legal frameworks -the Constitution, High Court Laws and Evidence Act- support the recognition and application of Islamic law either as a lex fori or lex causea. Thus, there ought to be no distinction between north and south because Islamic law is not a territorial law. The article suggests a paradigm shift in the Nigerian courts‟ approach to Islamic law in Southern Nigeria, particularly, the Southwest which has a near-majority Muslim population. It further suggests the establishment of Islamic law courts or the creation of divisions in the existing civil courts for Islamic law matt...
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University Press. Flick, Uwe. 2009. An Introduction to Qualitative Research. 3rd ed. London, Thousand Oaks, New Delhi: SAGE Publications. Herklotz, Tanja. 2020. “Kalindi Kokal, State Law, Dispute Processing, and Legal Pluralism: Unspoken... more
University Press. Flick, Uwe. 2009. An Introduction to Qualitative Research. 3rd ed. London, Thousand Oaks, New Delhi: SAGE Publications. Herklotz, Tanja. 2020. “Kalindi Kokal, State Law, Dispute Processing, and Legal Pluralism: Unspoken Dialogues from Rural India, Routledge, London, 2020, 218 Pages, £120.00, ISBN: 9781138625211.” Verfassung in Recht Und € Ubersee 53 (1): 72–76. doi:10.5771/0506-7286-2020-1-72. Kokal, Kalindi. 2014. “To Lead or to Follow? Supreme Court and Community ‘Justice.” Economic and Political Weekly 49 (50): 19–21. Kokal, Kalindi. 2020. State Law, Dispute Processing and Legal Pluralism: Unspoken Dialogues from Rural India. Law and Anthropology. London: Routledge. LiveLaw News Network. 2021. “Breaking: Parties Who Privately Agree To Settle Disputes Without Court Intervention U/s 89 CPC Also Entitled To Refund Of Court Fee: Supreme Court.” LiveLaw, February 18, sec. Top Stories. https://www.livelaw.in/top-stories/89-cpc-private-settle-dispute-refund-court-feesu...
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This article seeks to examine the recent English decision in Kareem v. Secretary of State for Home Department concerning the proof of the validity of Nigerian marriages. The decision laid down some landmark points, which implicate the... more
This article seeks to examine the recent English decision in Kareem v. Secretary of State for Home Department concerning the proof of the validity of Nigerian marriages. The decision laid down some landmark points, which implicate the choice of marriage (s) that may be open to Nigerians, who wish to bring their spouse(s) into the United Kingdom based on such marriage(s). It also has far-reaching consequences on the immigration rights of stranded Nigerians whose only alternative means to remain is a valid Nigerian marriage. The article argues that this recent decision, together with others affirming it, reinforces the call for the review or overhaul of the Nigerian marriage laws. It suggests some recommendations that the Nigerian government should consider in solving some of the challenges posed by Kareem’s case.
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Restrictive clauses are usual clauses in contract of employment. With the increase in the level of awareness and sophistication of the Nigerian Labour market, issues of the enforcement of non-compete clauses are now being litigated as... more
Restrictive clauses are usual clauses in contract of employment. With the increase in the level of awareness and sophistication of the Nigerian Labour market, issues of the enforcement of non-compete clauses are now being litigated as against what is obtainable before now. The state of the law appears to have settled with respect to the validity or otherwise of contracts in restraint of trade (or non competition clauses) under the common law. The Court of Appeal has seemed to have enervated this perceived settled area of law. This paper therefore, seeks to critically appraise the nullification of non-compete clauses via the instrument of Chapter II of the 1999 Constitution (as amended) as laid down in Aprofim Engineering Ltd v Bigouret [1] and to give a balanced perspective of non-compete clauses in contracts of employment. Keywords : Contracts, restrictive covenants, non-compete clauses [1] (2015) 52 N.L.L.R PT (173) 1 CA.
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The recent pronouncement of the Supreme Court of Nigeria in Sifax & Ors v. Migfo & Anor reveals the desirability of a pragmatic as against a formalistic approach to Nigerian limitation laws. This article critically examines Sifax and... more
The recent pronouncement of the Supreme Court of Nigeria in Sifax & Ors v. Migfo & Anor reveals the desirability of a pragmatic as against a formalistic approach to Nigerian limitation laws. This article critically examines Sifax and seizes the opportunity to flag up the inadequacies in the extant limitation laws in Nigeria. The article argues that a total overhaul of the limitation laws is long overdue as they are not only old-fashioned and ambiguous but also produce undesirable results. It predicts that it is very unlikely that any legislative intervention may be witnessed in the nearest future. Therefore the article suggests that the courts must continue to fill the gaps by a pragmatic interpretation of the laws within the bounds of the general policy objectives of the limitation laws. It advocates comparative judicialism as a useful methodology to achieve this task.
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The globalisation of Islamic finance has brought the adjudication of Islamic finance disputes before non-Muslim courts and arbitral tribunals in Europe, America and elsewhere. Expectedly, the issue of the validity of the selecting Islamic... more
The globalisation of Islamic finance has brought the adjudication of Islamic finance disputes before non-Muslim courts and arbitral tribunals in Europe, America and elsewhere. Expectedly, the issue of the validity of the selecting Islamic law as the governing law of an Islamic finance contract often arises before these courts and tribunals. The article seeks to address the attitude of the United Kingdom and Nigerian courts to this unique problem. The thesis of the paper is that while the parties’ reasonable expectations in having their Islamic finance contracts governed by the Shari’ah may be met in Nigeria and by extension in other Muslim-majority countries, the contrary is the case in the United Kingdom and Europe where the courts do not generally favour the application of Islamic law. The paper advocates that the doctrine of the proper law of contract should be extended to Islamic finance by upholding Islamic law as the law selected by the parties (on the basis of party autonomy)...
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The right to a fair trial is one of the fundamental rights enshrined in the 1999 Constitution. This right presupposes the existence of an impartial judicial body through which litigants can ventilate their grievances. To guarantee access... more
The right to a fair trial is one of the fundamental rights enshrined in the 1999 Constitution. This right presupposes the existence of an impartial judicial body through which litigants can ventilate their grievances. To guarantee access to court and the right to a fair trial, the Constitution establishes a court system for all civil claims. The cultural and religious plurality of the Nigerian state requires the creation of different courts for certain subject matters. This gives way for a potential conflict of jurisdiction. One of such conflicts is seen in the choice of court for questions bordering on personal law. While some legal commentators have considered this issue broadly, there is an aspect that is yet to be addressed. This aspect concerns the appropriate court for customary law questions in states that have refused to establish Customary Courts and a Customary Court of Appeal. The focus of this paper, therefore, is to examine the conundrum arising from the delineation of jurisdictional powers between a State High Court and a Customary Court of Appeal as it affects states that have no customary courts. The paper finds that existing precedents-Supreme Court and Court of Appeal-failed to take cognizance of this practical legal problem thereby creating a problem of access to justice. It argues that a State High Court, as a court of residual jurisdiction and as a forum of necessity, is an appropriate venue for customary personal law disputes in the northern states where customary courts are non-existent.
Research Interests:
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The article challenges the prevailing views that Islamic law is not applicable in southern part of Nigeria and that the civil courts do not have jurisdiction over matters bordering on Islamic personal law. It argues that these views are... more
The article challenges the prevailing views that Islamic law is not applicable in southern part of Nigeria and that the civil courts do not have jurisdiction over matters bordering on Islamic personal law. It argues that these views are wrong as litigants are denied access to justice since no state in the southern part of Nigeria has established Islamic courts. The article further argues that the existing legal frameworks-the Constitution, High Court Laws and Evidence Act-support the recognition and application of Islamic law either as a lex fori or lex causea. Thus, there ought to be no distinction between north and south because Islamic law is not a territorial law. The article suggests a paradigm shift in the Nigerian courts" approach to Islamic law in Southern Nigeria, particularly, the Southwest which has a near-majority Muslim population. It further suggests the establishment of Islamic law courts or the creation of divisions in the existing civil courts for Islamic law matters to ensure that litigants have access to justice, and Islamic law questions are determined by those learned in the law.
Research Interests:
The recent pronouncement of the Supreme Court of Nigeria in Sifax & Ors v Migfo & Anor reveals the desirability of a programmatic as against a formalistic approach to Nigerian limitation laws. This article critically examines Sifax’s case... more
The recent pronouncement of the Supreme Court of Nigeria in Sifax & Ors v Migfo & Anor reveals the desirability of a programmatic as against a formalistic approach to Nigerian limitation laws. This article critically examines Sifax’s case and seizes the opportunity to flag the inadequacies in the extant limitation laws in Nigeria. The article argues that a total overhaul of the limitation laws is long overdue as they are not only old-fashioned and ambiguous but also producing undesirable results. It predicts that it is very unlikely that any legislative intervention may be witnessed in the nearest future. Therefore, the article suggests that the courts must continue to fill the gaps by a pragmatic interpretation of the laws within the bounds of the general policy objectives of the limitation laws. It advocates comparative judicialism as a useful methodology to achieve this task.
Research Interests:
Research Interests:
Research Interests:
Conflicts are natural consequences of human interactions and the goal of civil justice is that courts are established to redress civil wrongs. This is a fundamental goal which arises from the social contract theory. Litigants must have... more
Conflicts are natural consequences of human interactions and the goal of civil justice is that courts are established to redress civil wrongs. This is a fundamental goal which arises from the social contract theory. Litigants must have trust in the court system to do justice to their grievances in other to prevent resort to self-help and other ill-feelings in the society. In performing its functions, the courts are sometimes stuck in between the need to do substantial justice to litigants and the observance of procedural rules to attain efficiency. The article analyses the Nigerian courts approach using its Supreme Court’s recent decision in Yaki v Bagudu on the legal status of pleadings without the approved seal. The article argues that the absence of any clear-cut guidelines on procedural irregularities often leads to legal uncertainty and unpredictability of results. Drawing on experiences from the United States, United Kingdom and elsewhere, a principled approach which distinguishes between irregularities affecting the substantive jurisdiction and those which do not is therefore suggested.
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The decision of the Federal High Court in Haastrup v Eti-Osa Local Government (hereinafter referred to as Haastrup) has created some confusions on who has the authority to conduct statutory marriage in Nigeria. This article reviews... more
The decision of the Federal High Court in Haastrup v Eti-Osa Local Government (hereinafter referred to as Haastrup) has created some confusions on who has the authority to conduct statutory marriage in Nigeria. This article reviews Haastrup, in light of its recent affirmation by Egor Local Govt, Edo State v Hon Minister of Interior. The review reveals that there are some fundamental misconceptions of certain provisions of the Marriage Act, which led the court to erroneously conclude that the existing local government councils can validly conduct statutory marriage. It is, thus, suggested that the Federal Government needs to review the judgments, the Marriage Act and extant subsidiary legislation with a view to coming up with a new policy that will regularise the current anomalies and provide more certainty.
Nigeria has largely been governed by military dictators since it gained independence from Great Britain in 1960. Sustained democratic transition is a recent phenomenon and that, possibly, accounts for the recent increase in foreign direct... more
Nigeria has largely been governed by military dictators since it gained independence from Great Britain in 1960. Sustained democratic transition is a recent phenomenon and that, possibly, accounts for the recent increase in foreign direct investment, international trade and trade in services between Nigeria and its trading partners such as the European Union, China and the US. Th e surge in international trade has caused an increase in transnational litigation and requests for the enforcement of foreign judgments in Nigeria. An assessment of reported cases reveals that the majority of these cases were decided roughly between 2005 and 2015. Th ere is a need to evaluate the Nigerian regime for enforcement of foreign judgments, with a particular focus on judicial opinions and legislative policy in this area. Th e article seeks to achieve this by analyzing the two relevant statutes on judgment enforcement and judicial precedents over the last decade. Th e article fi nds that while reciprocity appears to be the policy behind the relevant statutes, the courts have adopted a liberal and pragmatic approach towards recognition and enforcement of foreign judgments. Th e article therefore concludes that while the liberal approach of the Nigerian Supreme Court is a welcome development, it needs to be supported by clear, consistent, and robust judicial reasoning. Th is will set a clear agenda for lawmakers tasked with aligning the relevant statutes with already established judicial approach and, above all, will make it easier to off er legal advice to foreign investors.
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The globalisation of Islamic finance has brought the adjudication of Islamic finance disputes before non-Muslim courts and arbitral tribunals in Europe, America and elsewhere. Expectedly, the issue of the validity of selecting Islamic law... more
The globalisation of Islamic finance has brought the adjudication of Islamic finance disputes before non-Muslim courts and arbitral tribunals in Europe, America and elsewhere. Expectedly, the issue of the validity of selecting Islamic law as the governing law of an Islamic finance contract often arises before these courts and tribunals. The article seeks to address the attitude of the United Kingdom and Nigerian courts to this unique problem. The thesis of the article is that while the parties' reasonable expectations in having their Islamic finance contracts governed by the Shari'ah may be met in Nigeria and by extension in other Muslim-majority countries, the contrary is the case in the United Kingdom and Europe where the courts do not generally favour the application of Islamic law. The article advocates that the doctrine of the proper law of contract should be extended to Islamic finance by upholding Islamic law as the law selected by the parties (on the basis of party autonomy) or alternatively, as the system of law with which an Islamic finance transaction is most closely connected.
Restrictive clauses are usual clauses in contract of employment. With the increase in the level of awareness and sophistication of the Nigerian Labour market, issues of the enforcement of non-compete clauses are now being litigated as... more
Restrictive clauses are usual clauses in contract of employment. With the increase in the level of awareness and sophistication of the Nigerian Labour market, issues of the enforcement of non-compete clauses are now being litigated as against what is obtainable before now. The state of the law appears to have settled with respect to the validity or otherwise of contracts in restraint of trade (or non competition clauses) under the common law. The Court of Appeal has seemed to have enervated this perceived settled area of law. This paper therefore, seeks to critically appraise the nullification of non-compete clauses via the instrument of Chapter II of the 1999 Constitution (as amended) as laid down in Aprofim Engineering Ltd v Bigouret 3 and to give a balanced perspective of non-compete clauses in contracts of employment. I Introduction It's always best to write out the terms and conditions of every employment contract so that parties can be ad idem on the rules governing their relationship. The courts are not to rewrite the contract of parties and parties are usually bound by the terms of the contracts willingly signed. Courts, over the ages, have been enjoined to enforce the intention of the parties as demonstrated from the agreement between them 4. It is imperative that an employee should demand from his employer, the terms of a contract of employment which spells out in details, the relationship of parties during and after the employment, if any 5. One of the usual terms in contract of employment is what is referred to as restrictive clause (also called non-competition, non-solicitation clause). This clause is understood under the common law as contract in restraint of trade. It usually prohibits an employee from engaging in business, whether on his own or in the employ of another, that is in the same line of activities with the business of his employer. These clauses were initially viewed to be contrary to public policy and did not get the support of the courts. However, various justifications were offered to support the validity and enforcement of non-compete clauses in contract of employment and has been so recognised and enforced in most jurisdictions till this present time. II Judicial approaches to non-compete clauses Covenant not-to-compete or simply put, non competition clause has been traced to have originated from England. It is a clause used in master-apprenticeship relationship to ensure that an apprentice serves his master after the latter's investment on him. The clause forbids a departing apprentice from setting up a rival business either on his own or in conjunction with others. The common law unequivocally frowns at such clauses as they were viewed to be objectionable and contrary to public policy. The earliest reported English case on the subject is the Dyer's Case 6. In this case, a London practitioner entered into a non-compete agreement with his apprentice to forgo the latter's debt if he did not engage in his trade in the same city for a period of six months after the cessation of his apprenticeship. The