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THE CALM BEFORE THE CONFLICT: RETHINKING DISPUTE RESOLUTION IN NIGERIAN COMMERCE
Business Isn't War, Until It Is? In the bustle of transactions, joint ventures, and handshakes that define commercial life in Nigeria, one thing remains true: disputes rarely announce themselves. A promising partnership today can turn litigious tomorrow. But what if businesses could build legal firewalls before the sparks even fly? What if the real work of dispute resolution begins long before a disagreement takes root? This is the philosophy of dispute foresight - a strategy-focused, proactive approach that moves dispute management upstream. Rather than react when the house is on fire, Nigerian businesses must learn to build fire-resistant architecture. Not to avoid disagreement, but to manage it before it combusts.
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JURISDICTION ABOVE ALL: SUPREME COURT AFFIRMS THAT EVEN THE CLAIMANT MAY CHALLENGE JURISDICTION AT ANY STAGE
A Twist in the Doctrine of Jurisdiction? Can a party who voluntarily initiates a lawsuit later turn around to challenge the jurisdiction of the court they approached? This seemingly paradoxical question was at the heart of the recent decision of the Supreme Court in H.I.R. LTD V. ACCOR (SOCIETE ANONYME) (2025) 8 NWLR (Pt. 1992) 395. The apex court's judgment reaffirms a bedrock of Nigerian procedural law: jurisdiction is fundamental, and its absence renders all proceedings a nullity - regardless of who raises the issue or when it is raised. This case has sparked commentary not only for its legal conclusion, but for the intriguing procedural posture in which the issue arose. Background: From Trademark Dispute to Jurisdictional Battle The matter began when the Claimant at trial court ("Respondent") filed an action before the High Court of Lagos State, alleging that the Defendant at the trial court ("Appellant")'s use of the trademarked word "IBIS" amounted to passing off - a tortious misrepresentation that damages goodwill in commerce. The Respondent sought a range of reliefs: declarations, injunctive orders, and damages.
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COLLECTIVE MANAGEMENT IN FOCUS: UNDERSTANDING NIGERIA'S 2025 REGULATORY FRAMEWORK
The Nigerian Copyright Commission ("NCC"), empowered under the Copyright Act 2022', has introduced the Collective Management Regulations 2025 (the "Regulation"). These Regulations provide detailed rules for the establishment and operation of Collective Management Organisations ("CMOs") - entities licensed to manage copyright on behalf of multiple rights owners. CMOs are specialised bodies that manage copyright on behalf of creators, essentially acting as intermediaries: they negotiate licences, collect royalties, and distribute payments to creators. In addition, they provide cultural and educational support to their members?.. Without CMOs, it would be difficult for musicians, authors, or filmmakers to properly track and monetise every single use of their works, especially in the digital era. For instance, a musician may find it practically impossible to negotiate with every radio station, streaming platform, or event organiser and Disc Jockey who uses their music. A CMO acts as a middleman - issuing licences, collecting royalties, and redistributing those royalties back to rights owners.
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NIGERIA WELCOMES FIRST DRYLEASE AIRCRAFT AFTER EXITING AWG WATCHLIST
The Nigerian aviation sector is set to record a landmark development on October 6, 2025, when the first aircraft under a dry-lease agreement will arrive in the country. This follows Nigeria's successful exit from the Aviation Working Group ("AW") watchlist in October 2024, an achievement that has reopened access to the global leasing market for Nigerian carriers. The announcement was made by the Minister of Aviation and Aerospace Development, Festus Keyamo, SAN, CON, FCIArb (UK), during the foundation-laying ceremony of the Air Peace Maintenance, Repair, and Overhaul (MRO) facility at Murtala Mohammed International Airport, Lagos'
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REINFORCING BOARDROOM INDEPENDENCE: SEC ISSUES NEW CIRCULAR ON INDEPENDENT NON-EXECUTIVE DIRECTORS AND TENURE LIMITS
On June 19, 2025, the Securities and Exchange Commission ("SEC") issued a far-reaching circular aimed at reinforcing corporate governance standards within Nigeria's capital markets. Directed at public companies and Capital Market Operators ("CMOs") classified as Significant Public Interest Entities ("SPIEs"), the circular introduces new restrictions on boardroom transitions and tenure limits with immediate effect. The regulatory move stems from SEC's growing concern over the trend of Independent Non-Executive Directors ("INEDs") being converted into Executive Directors ("Eds"), including Chief Executive Officers, within the same entities or across group structures. According to the Commission, such conversions dilute the independence and objectivity expected of INEDs and threaten the integrity of board oversight function.
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DJS IN NIGERIA AND THE AGE OF COPYRIGHT COMPLIANCE
Nigeria's music scene is one of the country's proudest exports. From Afrobeats to street pop, and Disc Jockeys ('DJs") have been at the centre of pushing songs beyond borders, shaping trends and sounds, and keeping dance floors alive. Yet, behind the turntables lies a question many DJs have long avoided: who actually owns the rights to the music being played, and what does the law require? On June 2, 2025, the Nigerian Copyright Commission ("NCC") issued Copyright Advisory No.4, a sharp reminder that DJs must secure licences and authorization before publicly playing music. Failure to comply now risks a fine of not less than One Million Naira (#1,000,000.00) or up to 5 years in prison, or both'. While this law has existed since the Copyright Act, 2022, the reminder marks a torchlight of the NCC on this practice and a turning point for Nigeria's creative economy. This is not just about clamping down. It is about professionalising and commercialising an industry that has grown informally for decades. And for DJs, artists, event organisers, and even fans, the ripple effects will be significant.
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NAVIGATING THE FINANCING OPTIONS IN NIGERIA
In Nigeria's increasingly dynamic commercial landscape, access to financing remains a decisive factor in whether a venture scales, survives, or stalls. Whether it's a startup looking to break into a new market, an established company acquiring new assets, or a project sponsor seeking to bridge funding gaps, the choice of how to raise capital can be just as important as how much is raised. This article explores the core financing pathways available - debt, equity, and hybrid - to guide decision-makers.
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NAVIGATING SHIP ARREST: LEGAL STRATEGIES AFTER THE ARREST
In the intricate world of maritime commerce, ship arrests are tactical legal tools that plaintiffs use to secure claims, enable early settlement or prevent asset dissipation. But for the shipowner or other interested parties, an arrest can bring business operations to a sudden halt and have far reaching commercial consequences. Once a ship is detained by court order, the urgent question for the shipowner becomes:
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A NEW TAX ERA FOR NIGERIA : WHAT THE NIGERIAN TAXREFORM ACT MEAN FOR BUSINESSES
On June 26, 2025, Nigeria ushered in a landmark tax reform era with the enactment of four sweeping legislations: the Nigeria Tax Act, the Nigeria Tax Administration Act, the Nigeria Revenue Service Act, and the Joint Revenue Board Act. Collectively known as "the Tax Reform Acts". These Tax Reform Acts, aimed at increasing transparency, curbing leakages, and expanding the nation's tax base, mark a recalibration of Nigeria's fiscal framework. With implementation looming with the commencement date set at January 1, 2026, businesses and individuals should begin preparing for the shifts ahead.
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CLARITY AMIDST COMPLEXITY: COURT OF APPEAL AFFIRMS PARTY AUTONOMY IN CROSS-BORDER CONTRACTS - FHC recently follows suit
Respecting the Bargain - The Rise (Again) of Party Autonomy. Some agreements including Charterparties contain clauses such as Dispute Resolution - English Law, London Arbitration'. In cross-border commercial arrangements, it is not new for parties to have a dispute resolution clause stating the choice of law and the means of dispute resolution. This ability of contracting parties to agree the legal rules that govern their relationship and to select where any disputes will be resolved is foundational in the freedom of parties to enter the agreement itself. However, in Nigeria, this autonomy has been discussed repeatedly, sometimes, such clauses have been interpreted as aspirational than enforceable.
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THE DAWN OF E-INVOICING IN NIGERIA: PRACTICAL AND LEGAL INSIGHTS FOR BUSINESSES
Nigeria's Federal Inland Revenue Service ("FIRS") has embarked on one of the most significant digital tax reforms in recent years. By its Public Notice of July 9, 2025, the FIRS formally rolled out the National E-Invoicing Regime, after a pilot phase launched in November 2024. At the centre of this system is the FIRS Merchant Buyer Solution ("MBS"), which connects taxpayers' accounting software directly to the FIRS database in real time. The reform is designed address long-standing VAT compliance gaps, reduce tax evasion, and strengthen fiscal transparency. This article explains the legal background and foundation of the regime, its practical implications for Nigerian businesses, lessons from other jurisdictions, and the compliance risks that must be managed.
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