Category: blog

AO2 Law Pioneer Status Opinion
Pioneer Status and the “First Year Rule”: The Myth and The Reality
Introduction On Wednesday, August 2, 2017, the Nigerian Federal Executive Council approved the addition of 27 new industries and products to the list of industries considered pioneer. An industry or product is designated as pioneer: if the industry or...
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Proposed Stamp Duties Amendment Bill 2017 – Highlights and Remarks
The Stamp Duties Act (SDA) is 78 years old. It has not been significantly amended since its inception. In recent times, the Federal Government of Nigeria was advised on the capacity of the law to generate about N2Trillion in taxes annually. Efforts have...
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The National Gas Policy – Examining the Six Critical Success Factors
“Gas, the Beautiful Bride of Hydrocarbon” – Anonymous The recently approved National Gas Policy (the “Policy”) by the Nigerian Federal Government (“FGN”) has thrown up mixed reactions from participants in the Nigerian oil and gas industry (the “Industry”)....
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Can a Tax Authority Distrain a Company for PAYE Non-Remittance? Revisiting Independent Television v. E.S.B.I.R
Introduction: The 2015 seminal piece, ‘Distrain under PITA: An analysis and evaluation of Principles and Practice’ may be apt in responding to the question. Please see paper here.  This piece hopes to re-engage the relevant principles within the context...
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Guide on the Incorporation of Companies in Nigeria
Before a company can be incorporated in Nigeria, the following steps need to be taken: 1.  Conduct a Name Availability search and reservation. If the proposed name of the company is approved, Corporate Affairs Commission (“CAC”) will reserve it for 60...
AO2 Law Opinion on PIGB
Petroleum Industry Governance Bill 2017: A Call For Cautious Optimism
The Petroleum Industry Bill has been stuck at the Nigerian Parliament for the past decade. However, in an attempt to break the jinx of non-passage by successive Governments over the years, the Nigerian Senate in what can be described as an attempt to...
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Whistle Blowing in the Nigerian Oil Industry: Matters Arising
In the past year, the whistle blowing concept has become increasingly popular in the fight against corruption in Nigeria. The Executive Arm of the Federal Government of Nigeria (“FGN”) officially introduced its Whistle Blowing Policy (“WBP”) in Q4 2016....
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Executive Order on the Ease of Doing Business in Nigeria
Further to our Regulatory Compliance Update on the National Action Plan on the Ease of Doing Business in Nigeria [See here]  the Acting President, Prof. Yemi Osinbajo, on the 18th day of May 2017, signed three executive orders, one of which is the promotion...
AO2 Law - Tax law
Bifurcation of contracts – A “Legal Kevlar” against the single contracts doctrine of taxation of non-residents in Nigeria?
  Introduction Taxation of non-residents in Nigeria has been quite an interesting area of tax law considering the dynamism of commerce and increase in trans-border transactions by multinational enterprises (“MNEs”). Also, the recent tax drive by...
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Fanta and Sprite – How fit for consumption? Fijabi Adebo Holdings Limited & Anor vs Nigerian Bottling Company Plc & Anor Revisited
[mmtl-row][mmtl-col width=\”1/1\”][mmtl-text] Relevant Facts: 1. By an amended Writ of Summons and Statement of Claim sealed out of the High Court of Lagos State, Nigeria Fijabi Adebo Holdings Limited and its alter ego, Dr. Emmanuel Fijabi...