History and definition of company law in nigeria pdf

The same law got refined 5 years later in 1917 and it was then be able to cover all parts of nigeria. The position of company secretary evolved with company practice and is now established by law. The law of nigeria consists of courts, offences, and various types of laws. Nigerias movie production industry, nicknamed nollywood, is the secondlargest in the world by volume. The corporate law oversees the various ways by which a company is registered and incorporated in nigeria, it governs the rights and the interests of employers and the employees in an organization, it oversees the administration of a company in nigeria and how businesses are started and formed. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding. The ability to examine the advantages and disadvantages of incorporation in company law 7.

Later in 1968, the companies decree took over from the 1922 company act. In history, you can choose from modules ranging from the medieval period to the present day, covering britain, europe, america, the middle east and australia, while in business law you can select specialist subjects relevant to your chosen career path whilst also taking certain core business law subjects such as. Corporate governance in nigeria1 nigerian law guru. The two of them were replaced by the companies act of 1922 in 1922.

The rule was all but abolished by the twelfth company law directives on singlemember private limited liability companies which had the consequence that private companies limited by shares or by guarantee were excluded from section 24. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. Important issues of company law and securities law in nigeria. Library of congress federal research division country profile. Supremacy of the constitution and good governance in nigeria benedict d.

The nigerian legal system makes effort to bring all these aspects into consideration too. Before 1912, there was no local companies statute in force in nigeria but only foreign companies operated in the country and they were governed by the laws of their different countries. Developingof company law ard practice in nigeria dr chris w igwe preface development of company law and practi ce in nigeria x rays corporate law. Political leadership and corruption in nigeria since 1960. Constitution of the federal republic of nigeria, the environmental. Business law, the body of rules, whether by convention, agreement, or national or international legislation, governing the dealings between persons in commercial matters. The first companies ordinance was introduced in southern nigeria lagos in 1912. Izinyon, san and company is one of the leading law firms in nigeria. Company law is also referred to as enterprise law, business law or corporate law. Nigeria is a famous country with more than one hundred and forty million population.

The appointment of a company secretary became mandatory for the first time in nigeria, through the instrumentality of section 169 of the companies act. Pdf developing of company law and practice in nigeria. Oil was first discovered in commercial quantities in nigeria in 1956 near oloibiri village in rivers state. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia islamic law. D common law common seal companies and allied companies decree company law company limited company secretary companys complied corporate affairs commission court held creditors debentures debt deemed default documents duly. These are rules which provide for the internal organization of the company. This same law got amended some 5 years later in 1917 and it was then able to cover all parts of nigeria. Definition of a company a company is a corporation an artificial person created by law.

The history of modern company law in england began in 1844 when the joint stock companies act was passed. This definition does not reveal the distinctive characteristics of a company. Geographical, historical and political profiles of nigeria 1. A law is a set of rules, formulas, theories, regulations, principles, guidelines.

The history of divorce law in nigeria changed in 1857 when people were allowed to divorce their spouses. Nigeria, july 2008 2 of slaves flowed north across the sahara for a millennium, ending only at the beginning of the twentieth century. To gain weight and conform with african standards of beauty, nigerian girls can consume food all day in fattening rooms. It was then defined as a body of persons having in law separate. Lawnigeria nigerian legal resources, intelligence and.

Introduction the contribution of the company law of nigeria to orderly regulation of. Ewemie and ainabor augutine e abstract the dynamics of nigerias history has imposed on it a succession of leaders who ruled in such a way that sharply showed absence of good governance in nigerias developmental efforts. Within nigeria, slavery was widespread and bore social implications that are still evident. Geographical, historical and political profiles of nigeria. On a positive note, a number of amendment bills pending before the national assembly already seek to address some of the issues highlighted in this presentation. This article therefore seek to discuss nigerian laws in relation to the criminal. Nigerian oil and gas industry content development act 2010 no. In this case, obedience to court orders is a paramount measuring index of compliance with the rules of law in any society. Being a mere creature of law, it possesses only those properties which the. This will help to isolate the extent to which the operations of nigerian enterprises are subjected to the provisions of the company law and capital market legislation. University of lagos faculty of law introduction to law jil 001 lecture notes history of the nigerian judicial system in previous classes, we learnt about the meaning, nature and function of law, and we agreed that one way of understanding the nature of law is by identifying its functions. Download as docx, pdf, txt or read online from scribd.

Generally, the english common law forms part of the foundation on which the nigerian legal system is built. History thus, perhaps for the sake of convenience and to separate ancient origin from the time of. A company is a corporation an artificial person created by law. The law imposes criminal liability on both the individual corporate officer and the corporate body. It is multisegment free access center for intelligence and instruments relating to nigerias legal and policy circuit. A law is a set of rules, formulas, theories, regulations, principles, guidelines, precepts. A general overview of the history of company law in the uk. M886619 title major rule and minority protection in company law faculty law department commercial and property law date january, 1992 signature. This was then ammended in 1917 to cover the whole country companies amendment and extension act of 1917. As at today, the recognized company law in nigeria is the companies and allied matters decree of 1990. A seminar paper on the history of company law corporations. Foreign companies intending to carry on business in nigeria. Trust law and the administration of real property in nigeria ibrahim abdulkarim department of private law, faculty of law ahmadu bello university, zaria, nigeria email. The appointment of a company secretary became mandatory for the first time in nigeria, through the instrumentality of.

Nigeria has its own constitution which was established on 29 may 1999. The constitution of nigeria is the supreme law of the country. It was labeled then as the companies amendment and extension act of 1917. Although the years since nigerias return to civilian rule in 1999 have seen an increased interest in its history and politics, nigeria remains one of the most underresearched african countries. According to history, the very first nigeria company law was announced in 1912. The history of nigeria can be traced to prehistoric settlers nigerians living in the area as early as 1100 bc. A company thus has legal rights and obligations in the same way that a natural person does. The discovery was made by shell darcy, a company of anglodutch origins. Both acts were then repealed and replaced in 1922 by the companies act of 1922. The dilemma of the shareholders under the nigerian. The company began production in 1958 with an average production of 6000 barrels of oil per day bopd. But in nigeria, the rule of law is more or less a farcical concept. Journal of nigeria studies volume 1, number 2, fall 2012 political leadership and corruption in nigeria since 1960.

Pinpointing the emergence of the company limited by guarantee in. English law in nigeria is derived from the colonial nigeria, while common law is a development from its post colonial independence. The history of nigerian company law could be briefly traced to the joint stock companies act 1855 which introduced the principle of limited liability of companies and the role of deed of settlement was highly practiced in the united kingdom. Nigeria is unable to obey set down rules and operate within the norms of a given establishment. In the description of the history of african or in this case nigerian company law, adequate reference is not given to the indigenous means of trade and practices. Okeke table ofcontents introduction 312 argument of the paper 312 definitions 317 i. Our practice spans nigeria and part of the west african countries such as ghana, sierra leone, gambia, and south africa. Nlipw trademarks law volume 1 number 9 edigest smes and legal reforms july 15, 20 content sources social science research network ssrn african journals online researchgate encouraging small and medium scale enterprises through trademarks licensing.

It is a practice that was hardly known to customary law. Nigeria has the highest rate of twin births per year globally. The act provided for the first time that a company could be incorporated by registration without obtaining a royal charter or sanction by a special act of parliament. These form the basis of what is termed the customary law in nigeria. A solid grounding in contract law contracts of sale, agency, construction, insurance and other types of agreements. According to chief justice marshall of usa, a company is a person, artificial, invisible, intangible, and existing only in the contemplation of the law. The history of nigerian company law could be briefly traced to the joint. English law in nigeria is derived from the colonial nigeria, while. Review of some articles on company law in nigeria by. University of nigeria research publications akaniro, ebere gregory author pgll. The very first company law came up in nigeria in 1912. Relief on the grounds of unfairly prejudicial and oppressive conduct.

Its coast in the south is located on the gulf of guinea in the atlantic ocean. Numerous ancient african civilizations settled in the region that is today nigeria, such as the kingdom of nri, the benin empire, and the oyo empire. The use of international law in the domestic courts of ghana and nigeria 373 western states. The dilemma of the shareholders under the nigerian company law dorothy nelson department of private law, faculty of law, university of uyo, nigeria email. Islam reached nigeria through the borno empire between 1068 bc and hausa states around 85 ad during the 11th century, while. Law of contract 14 definition and puiposes 14 principles and nature of law of contract 14 scope of law of contract 15 classification of contracts.