A HISTORICAL APPRIASAL OF THE DEVELOPMENT OF COMPANY LAW IN NIGERIA
Dr Eberechi N.A. Okere, LL. B, B.L, LL.M, Ph. D, Reader, Faculty of Law Rivers State University, Port Harcourt, Rivers State.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/18439866 | Page 01 to 24
Abstract
The development of company law in Nigeria has undergone significant transformations since its inception during the colonial era. Throughout its development, Nigerian company law has drawn inspiration from the United Kingdom’s legal system reflecting the country’s colonial past. The evolution of company law has aimed to improve corporate governance, enhance transparency and promote investor confidence. This article examines the development of company law in Nigeria from its pre-independence era to the post-independence regime, highlighting the issues and challenges of these legislations and making proposals for reform.
Keywords: Company, Company Law, CAC, Statutes, CAMA, Nigeria
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SCHOOL ADMINISTRATIVE STRUCTURE AND SUSTAINABLE EDUCATION MANAGEMENT IN PUBLIC SENIOR SECONDARY SCHOOLS IN PORT HARCOURT METROPOLIS
Chinwe Comfort Uwem, Department of Educational Management, Faculty of Education, Rivers State University, Port Harcourt, Nigeria.
Blessing Wey-Amaewhule Ph. D, Department of Educational Management, Faculty of Education, Rivers State University, Port Harcourt, Nigeria.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/18439678 | Page 01 to 26
Abstract
This study examined the relationship between school administrative structure and sustainable education management in public senior secondary schools in Port Harcourt Metropolis, Rivers State. The study utilised a correlational research survey design with a population of 1,933 comprising 48 principals and 1,885 teachers in the 48 public senior secondary schools in Port Harcourt Metropolis. The sample size of this study was 368 respondents which consisted of 48 principals and 320 teachers selected from the population using the Krejcie and Morgan Table. The instrument for data collection were two sets of questionnaires titled “School Administrative Structure Questionnaire and Sustainable Education Management Questionnaire. The instruments were validated by three experts, one in the field of Educational Management, and two in Measurement and Evaluation both in Rivers State University. The internal consistency of the instrument yielded reliability coefficients of 0.80, 0.85, 0.77, 0.77, 0.84 and 0.81, which showed that the instruments were reliable. The research questions were answered and the Pearson’s Product Moment Correlation Coefficient Statistics was used to test the hypotheses at 0.05 level of significance using Statistical Package for Social Sciences (SPSS). The result of the analysed data revealed that there is a high positive relationship between School administrative structure and sustainable education management. Based on the findings, it recommended among others that: School administrators of public senior secondary schools in Port Harcourt Metropolis should strike a balance between decentralization, matrix structure and participative structure to maximise benefits.
Keywords: Administrative Structure, Decentralised Structure, Matrix Structure, Participative Structure, Sustainable Education Management
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APPLICATION OF TEAMWORK APPROACHES FOR EFFECTIVE ACHIEVEMENT OF THE OBJECTIVES OF SECONDARY EDUCATION IN PUBLIC SENIOR SECONDARY SCHOOLS IN RIVERS STATE
Mba Grace Nnenda, Department of Educational Management Ignatius Ajuru University.
AMADI CHIKA VICTORIA, Department of Educational Management Ignatius Ajuru University.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/18439678 | Page 01 to 26
Abstract
This study examined the application of teamwork approaches for effective achievement of the objectives of secondary education in public senior secondary schools in Rivers State. The researcher raised two research questions and two hypotheses to guide the study. The research design selected for the study is descriptive survey. The population of the study covered all the 286 public senior secondary schools in Rivers State, Nigeria, comprising 7,123 teachers (2985 male teachers and 4138 female teachers, respectively). A sample of 3205 (1343 male and 1642 females) which represented 45% of the population were selected for the study. Proportionate stratified sampling technique was used to select the sample. The instrument that was used for data collection was a questionnaire designed by the researcher. It was titled ‘Teamwork Approaches for Achievement of Objectives Questionnaire’ (TAAOQ). Test-retest method was used to determine a reliability coefficient of is 0.82. The rating scale for answering the items on the questionnaire was a modified 4-point Likert rating scale. Weighted mean scores and the criterion mean (2.50) were used to answer the research questions while z-test was used to test the hypotheses. The findings of the study showed the respondents agreed that the respondents agreed that the challenges implementing teamwork approaches for effective achievement of the objectives of secondary education in public senior secondary schools in Rivers State include; staff diversity, activities of informal groups, lack of incentives for performance, ineffective staff supervision and truancy. Sequel to the finding, it was concluded that the challenges implementing teamwork approaches for effective achievement of the objectives of secondary education in public senior secondary schools in Rivers State include; staff diversity, activities of informal groups, lack of incentives for performance, ineffective staff supervision and truancy. The researcher recommended that the Ministry of Education should print and distribute posters that will sensitize teachers on the value of a diverse workforce in schools.
Keywords: Teamwork, Objectives, Secondary education, Public senior secondary schools.
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AN EVALUATION OF ‘RETURNS RENDITION’ IN VAT COLLECTION AND RECOVERY UNDER THE VALUE ADDED TAX ACT IN NIGERIA
EMMANUEL ONYEMAECHI ADIABUAH PhD FCTI, Former Deputy Director, Federal Inland Revenue Service, Headquarters, Abuja.
DAVID ANDAH ANGBAZO Ph. D, Senior Lecturer and Ag. Dean, Faculty of Law, Prime University Abuja.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/18366056 | Page 01 to 18
Abstract
This research is an evaluation of ‘returns rendition’ in Value Added Tax collection and recovery under the Value Added Tax Act in Nigeria. This study has become necessary considering the very important role played by Value Added Tax in Tax revenue generation in Nigeria and the need to sustain that role. The doctrinal method was adopted in the study and the information for the study were obtained from Tax Laws, case laws and the research effort of others. It was found from the study that Returns rendition is a very important aspect of Value Added Tax revenue collection process since it is the first step in Value Added Tax payment. It was also found that the preparation and submission of Value Added Tax returns is mandatory for all Value Added Tax registered businesses in Nigeria. It was further found that non-compliance with Value Added Tax returns renditions is sanctioned by the Tax Authorities. It was also further found that electronic filing of Value Added Tax returns has now been introduced in our Tax system and has been more efficient than the manual filing method. Based on this, it is recommended that due to the low level of computer Knowledge, and the fact that e-filing is more efficient, Tax Authorities should provide compulsory computer appreciation skills to businesses, especially the small businesses that may not have the financial means to engage the services of Accountants and Tax professionals. Tax Authorities should effectively use all available means of advertisement and promotions to bring to the notice of Taxpayers, especially those in the rural areas, the knowledge of Tax payment and the filing of returns. Finally, and most importantly, government should utilize Tax money to provide facilities needed by Taxpayers to encourage Tax compliance.
Keywords: Returns rendition; Input Value Added Tax, Output Value Added Tax, Tax Audit, Vatable Goods and Services.
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RESTRICTING GASOLINE VEHICLES, INCENTIVIZING ELECTRIC VEHICLES: CHINA’S LEGISLATIVE EXPERIENCE AND IMPLICATIONS FOR VIETNAM
PhD. Tran Thi Thu Ha, Ho Chi Minh City University of Banking.
Hoang Viet Duc, Ho Chi Minh City University of Industry.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/18332679 | Page 01 to 27
Abstract
Abstract
Urban air pollution and carbon-neutrality commitments are creating an urgent need to accelerate the transition to electric vehicles (EVs). This article: (i) systematizes and evaluates Viet Nam’s current legal framework governing the green transport transition, including technical and safety standards, charging infrastructure, fiscal and non-fiscal incentives, battery recycling responsibilities, public procurement, and spatiotemporal restrictions on gasoline vehicles; (ii) conducts a selective comparison with China’s experience, where standards, infrastructure development, and incentive packages have been implemented in an integrated manner across the vehicle life cycle; and (iii) proposes a roadmap for legal refinement in Viet Nam. The findings identify three major gaps: (1) legal fragmentation; (2) incentive and regulatory instruments that are insufficient to drive large-scale behavioral change; and (3) the absence of effective inter-sectoral coordination and monitoring and evaluation (M&E) mechanisms. The article recommends a “risk- and life-cycle-based legal toolkit,” including interoperable standards for charging infrastructure; performance-, safety-, and battery-recycling-conditional incentives; low-emission zones and phased restrictions on gasoline vehicles; public procurement as a market-pull mechanism; and an inter-agency coordination model supported by periodic M&E indicators.
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CURRENT PRACTICES IN ENFORCING LAWS AGAINST ABUSE OF A DOMINANT POSITION
Nguyen Xuan Thang, Nguyen Tat Thanh University, Ho Chi Minh city, Vietnam
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/18329328 | Page 01 to 10
Abstract
In a market economy, enterprises are free to enter into contractual relationships, and transactions involving enterprises holding a monopoly position occur frequently. In order to help contracting parties better understand competition law when entering into contracts with enterprises in a monopoly position, this article analyzes the legal provisions governing the abuse of a monopoly position. Specifically, it focuses on the act of abusing a monopoly position to unilaterally amend or terminate an already concluded contract without legitimate reasons. On that basis, the article identifies the relevant legal grounds and competition law regulations, highlights existing shortcomings, and proposes recommendations and solutions to further improve the current legal framework.
Keywords: competition, monopoly position, abuse of monopoly position, unilateral amendment or termination of contracts
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“WITHOLDING EVIDENCE”- MEANING, LEGAL RIGOUR AND IMPLICATIONS UNDER NIGERIA ADJECTIVAL ECOSYSTEM
PROF OBIARAERI, N. O., Faculty of Law, Imo State University, Owerri, Nigeria.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/18204672 | Page 01 to 10
Abstract
By recourse to statutory stipulations and judicial authorities, this paper examined the meaning, legal rigour and implications of the “presumption of withholding” evidence under the adjectival laws of Nigeria. The paper established that a party is said to have “withheld evidence if it “deliberately did not present evidence that could be relevant to a case” either because he pleaded it himself or the adverse party demanded it formally. The paper further established that the “presumption of withholding evidence” is not the same thing with “non-production of witnesses” because the latter belongs to the autonomous realm of parties to call or refuse to call any number of witnesses in the conduct of their cases. It was recommended that where successfully established; the Court should not hesitate in holding that evidence that is withheld would if produced be unfavourable to the party withholding it. No party should be allowed to hoodwink the Court or use subterfuge to conduct his case or matter.
Keywords: evidence, presumption, production, withhold, witness.
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Human Rights in Bangladesh: An Evaluation of ICCPR and ICESCR Obligations and State Practices
Amina Basar Oni, Lecturer, Presidency University, Bangladesh.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/18175555 | Page 01 to 11
Abstract
A comprehensive review of available data—ranging from academic journals and books to reports by rights watchdogs such as Odhikar, Amnesty International, and Human Rights Watch—reveals a singular, recurring theme: violation. In a democratic framework, human rights abuses typically occur when state machinery becomes overly centralized, sidelining the citizenry. Contemporary Bangladesh exemplifies this centralization, effectively shifting from a “People’s Republic” to a governance model centered solely around the executive, a transition that has precipitated a human rights crisis. The spectrum of violations is broad, encompassing the suppression of voting rights, curtailment of free speech, extrajudicial executions, enforced disappearances, and targeted attacks on minorities and political opponents. While human rights theoretics include social, health, economic, and cultural entitlements, the impoverished demographic in Bangladesh is systematically denied these necessities. The state and its institutions have paradoxically become the very wellsprings of inequality, corruption, and lethal violence. Ain O Salish Kendra (ASK) has noted that the alarming human rights trend observed in previous years has persisted without abatement. This reality stands in stark contrast to the Constitution of Bangladesh, which theoretically guarantees major international rights and good governance. Despite ratifying core instruments like the UN Charter, the ICCPR, and the ICESCR, the state’s actual performance creates a paradoxical legal landscape. This paper evaluates this disconnect, measuring Bangladesh’s treaty obligations against the ground reality.
Keywords: Civil Liberties, International Covenants, State Accountability, ICCPR, ICESCR.
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APPRAISAL OF STATE’S CONSTITUTION ON HUMAN RIGHTS PERSPECTIVE
Dr Hossain K A, Vice Chancellor, Bangladesh Maritime University Dhaka, Bangladesh.
Khandakar Shaffat Akhter, Department of Law, prime Asia University, Dhaka, Bangladesh.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/18150951 | Page 01 to 98
Abstract
Modern humanoid rights have their origins in Renaissance humanism. In the 19th century, democratic changes established universal voting rights in the 20th century. The World-wide Statement of Human Rights emerged from the two world wars. A nation’s constitution is the highest law, with all other laws beneath it. Protecting human rights in a constitution is crucial for protecting these rights and ensuring legal accountability for their implementation. Sections of constitutions that outline fundamental rights and liberties provide strong legal tools to indorse and defend human rights. When these privileges are combined through effective enforcement mechanisms, they are essential for achieving lasting peace, justice, and inclusive societies. States in most parts of the globe usually amend and sometimes write completely new Constitutions. Factors impacting this include the aim to reshape political power distribution, the quest for a more democratic constitution, more vigorous checks and balances, and better alignment with citizens’ interests and needs. Constitutional change could happen following a conflict to create a new framework to foster a fairer and more just society. Alternatively, an existing constitution may require revisions to effectively address societal, political, economic, or social transformations. Therefore, A key element of any constitutional reform is safeguarding, respecting, and promoting individuals’ anthropological privileges and important freedoms. This analytical work seeks to comprehensively understand besides acknowledge of fundamental rights and liberties as essential components in developing or reforming a state’s Constitution. Furthermore, it assesses whether the procedures utilized in constitutional drafting or reform are in alignment with established international procedural norms.
Keywords: human rights, fundamental freedoms, Constitution, UDHR
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