Africa holds over $2.5 trillion in domestic capital, yet fragmented national regulations keep these vital resources trapped behind borders. While landmark events like the Africa CEO Forum 2026 call for regional scale, minor legal discrepancies, strict capital controls, and divergent pension rules create immense friction for cross-border investments. Drawing crucial parallels to the European Union’s stalled Capital Markets Union, this analysis exposes why technical connectivity alone cannot bridge the gap. Discover how overcoming regulatory sovereignty is the ultimate key to unlocking massive funding for continental infrastructure, industrialisation, and shared economic growth.
Rule 16 of the Rules of Professional Conduct for Legal Practitioners provides that a lawyer has a duty to represent his client competently and must bring to the representation the legal knowledge, skill, thoroughness, and preparation necessary for the representation. Ordinarily, this rule is technology-neutral when considered explicitly. However, as the practice of the legal profession has increasingly become dependent on technology, thoroughness and preparation must, of necessity, include proficiency with the instruments needed to prosecute or defend a client’s cause of action efficiently and provide competent legal advice.
Nigeria's foreign exchange management and tax policies have long suffered from myriad challenges in regulation, implementation, and enforcement. However, catalysed by the Tinubu administration's ambitious economic agenda, Nigeria now stands at the cusp of another major overhaul of its foreign exchange and tax frameworks. The slate of proposals by the Presidential Committee on Fiscal Policy and Tax Reforms, recently approved by President Bola Ahmed Tinubu, aims to expand the tax base, raise income tax thresholds, liberalise access to foreign exchange, and curb black market activities.
While these reforms have generated optimism about boosting Africa's largest economy, immense obstacles remain in translating the plans into realities on the ground. This article examines the headwinds facing Nigeria as it attempts to overhaul two linchpins of its economic framework - taxation and foreign exchange management. We analyse the interests, incentives and capabilities required to transform ambitious blueprints into tangible outcomes.
The political climate in Africa has been turbulent since August 2020, with a wave of abrupt military coups upending nascent, developing, and struggling democracies across West and East Africa. From an averagely considered perspective, these unilateral military takeovers represent a concerning regression to Africa’s chaotic early post-independence days. However, a closer examination reveals nuances beyond this simplified narrative.
In this very concise piece, I explored the concept of NFTs and the effects of the Nigerian Taxation Regime on creators and investors. I critically sought to determine circumstances where one could legally avoid incurring tax liabilities as well as the tax responsibilities that one could incur by engaging in transactions with NFTs. However, I do not fail to note that the chances of tax avoidance are extremely slim.
In this article, we critically examine how existing international arbitration and specifically investor-state dispute settlement (ISDS) may be misaligned with African values and legal culture and proposes the African concept of Ubuntu as a philosophical and procedural foundation to reform norms of arbitration. Using benchmark cases such as Biwater Gauff v. Tanzania, Von Pezold v. Zimbabwe, Glamis Gold v. USA, Bear Creek Mining v. Peru, Urbaser v. Argentina, and Cortec Mining v. Kenya, we show how mainstream arbitration has disempowered community stakeholders and ignored community interests. We then delineate Ubuntu, the African philosophy of relational personhood which incorporates respect for individual dignity, communality and harmony, and make a case for its incorporation into arbitration as a foundational concept in line with "fundamental notions of justice and equity". Procedural innovations are proposed that embrace community and non-disputing party participation, fostering transparency, and streamlining procedures to align with the values within Ubuntu. We highlight the wider consequences of an "Ubuntu-inspired" approach on sustainability, human rights, and development outcomes, drawing on contemporary legal instruments and the new AAA Model BIT. Our conclusion offers concrete policy recommendations including the insertion of Ubuntu into African and Afrocentric global treaty documents, the impact of indigenous participation and socio-environmental issues in ISDS, and the integration of African legal values into the international rules of arbitral practice where there is direct effect upon the nations of the African Continent.
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The International Criminal Court (ICC), established by the Rome Statute, 1 represents a significant advancement in the pursuit of international justice. The Rome Statute, adopted in 1998 and entering into force in 2002, serves as the foundational document for the ICC, delineating its jurisdiction, structure, and core principles. Central to the ICC's mandate is the doctrine of irrelevance of official capacity, enshrined in Article 27 of the Rome Statute, which asserts that an individual's official position, does not exempt them from criminal responsibility under the court's jurisdiction. However, the ICC's jurisdiction is not without its complexities. Article 98 of the Statute introduces a potential counterbalance to Article 27, recognizing states' obligations under international law regarding diplomatic immunities and the surrender of individuals to the court. This apparent contradiction between Articles 27 and 98 has given rise to significant legal and diplomatic challenges, exposing tensions between the pursuit of international justice and the preservation of sovereign prerogatives. Against this background, this article attempts to examine the intricate relationship between Articles 27 and 98 of the Rome Statute, exploring the legal, theoretical, and practical implications of their coexistence.
This article examines the jurisprudence surrounding the extension of time to challenge arbitral awards under the 1996 English Arbitration Act. It focuses on the English Commercial Court's decision in P&ID v. Nigeria, which extended the time limit to challenge an award from 28 days to over 3 years. The article reviews key English court decisions on extending time limits and analyzes the criteria courts consider, such as length of delay, conduct of the parties, and overall fairness. It argues the jurisprudence has evolved to focus more on achieving justice rather than strictly applying statutory time limits. The article concludes courts should grant extensions when in the interests of justice, even for long delays, if an award has not yet been enforced.
This article directly addresses the pivotal question: Is the presence of a legal practitioner during the taking of an accused person's confessional statement mandatory or discretionary under the Administration of Criminal Justice Act (ACJA) 2015? Though the examination of the relevant statutory provisions-namely Sections 15(4) and 17(2) and the analyses of key judicial decisions such as F.R.N. v. Akaeze and Friday Charles v. The State of Lagos, the discussion reveals a subtle interpretation of the statutory language. While the use of "may" in Section 17(2) might suggest a degree of discretion, the protective intent of the Act and judicial interpretations lean towards a mandatory requirement. This mandatory approach is crucial for ensuring the voluntariness and integrity of confessional statements, safeguarding the rights of the accused, and preventing potential abuses by law enforcement. The article argues that strict adherence to these procedural safeguards is essential for maintaining transparency, accountability, and fairness within Nigeria's criminal justice system
Through a chronological analysis, this study traces the origins of international criminal jurisprudence, from ancient civilizations to the groundbreaking Nuremberg and Tokyo trials, the establishment of ad hoc tribunals, and the eventual creation of the International Criminal Court as a permanent institution. The study delves into the definitions and categories of core international crimes-genocide, crimes against humanity, war crimes, and the crime of aggression-while elucidating the contextual elements and legal requirements that distinguish these offences from ordinary crimes. Furthermore, it grapples with the complexities and controversies that continue to challenge the enforcement of international criminal law, including jurisdictional disputes, immunity considerations, the principle of complementarity, and the need for robust cooperation mechanisms. By shedding light on these multifaceted issues, the study aims to contribute to the ongoing discourse on achieving accountability, deterring future atrocities, and upholding the fundamental principles of justice and human rights on the international stage.