Publications

DÉSSERTATION OR THESIS

1.            “LEGAL ASPECTS OF DEALINGS IN COMPANY SECURITIES”

Being a thesis submitted in partial fulfillment of the conferment of the Degree of Doctor of Philosophy (Ph.D) in Commercial and Industrial Law, (2003) School of Postgraduate Studies, University of Lagos, Akoka.

The thesis discussed the Nigerian Securities market within its legal framework and formulated prescriptions of an ideal legal and institutional framework for various aspects of the securities industry.

BOOK(S) AND MONOGRAPHS

2.            ABUGU, Joseph E.O., COMPANY SECURITIES : LAW & PRACTICE , University of Lagos Press, 2005 (566 pages).

This ten (10) chapter book discusses the law of company securities in Nigeria. Topics covered include (1) the Definition and Classification of Securities; (2) Introduction to the Securities Markets; (3) Regulatory Framework of Dealings in Company Securities; (4) Issue, Sale and Transfer of Company Securities; (5) Private Placements; (6) Going Public; (7) Efficiency of Securities Markets; (8) Insider Trading and Capital market Manipulations; (9) Mergers, Takeovers and Acquisitions; (10) Collective Investment Schemes. It also includes eight Appendices comprising draft

specimen of public offer documents, the Rules and Regulations of the Securities and Exchange Commission as well as the Stock Exchange Rules and Listing Requirements.

The book may be described as a creative legal analysis of the law and practice of the capital market in Nigeria; a compendium of securities laws for students and practitioners.

3.            ABUGU, Joseph E. O., A TREATISE ON THE APPLICATION OF ILO CONVENTIONS IN NIGERIA, University of Lagos Press, 2009 (378pgs)

The book presents a concise compilation of applicable ILO Conventions in Nigeria and a treatise of the legal regime defining the application of these international instruments by our local courts. The treatise addresses key issues in the application of ILO Conventions in Nigeria. These include the relationship between international treaties and domestic law; the existence of an international labor code; Nigeria’s bilateral and multilateral relations in international labour law; modalities of applying ILO conventions in the determination of workers rights; and the role of the courts in complying with international labour standards. It challenges trade unionists, labour lawyers and judges to adopt a proactive and resourceful approach in the interpretation and enforcement of employment and labour rights generally. Each of the current Conventions applicable in Nigeria are presented with an editorial which embodies official ILO interpretations of the aim and objectives of the Conventions.

ARTICLES PUBLISHED IN LEARNED JOURNALS

4.            ABUGU, Joseph E. O. “ILO STANDARDS AND THE NIGERIAN LAW OF UNFAIR DISMISSAL” Sept 2009, vol.17 No.2 African Journal of International and Comparative Law, pp181-212.

This article reviews the Nigerian law on unfair dismissal in the context of current ILO Convention and Recommendations on the establishment of international standards for termination of employment, as well as the present practice in the United Kingdom. It examines in detail the law of unfair dismissal in Nigeria and the United Kingdom, the latter being the imperial power from whom Nigerian inherited basic precepts of its labour laws and compares the development of the law in both countries. The article highlights major areas for law reform in Nigeria on termination of employment with a view to meeting international standards on the subject.

5.            ABUGU, Joseph E. O. “A COMPARATIVE ANALYSIS OF THE EXTENT OF JUDICIAL DISCRETION IN MINORITY PROTECTION LITIGATION: THE UNITED STATES AND UNITED KINGDOM” [2007] 5 International Company and Comparative Law Review (ICCLR) 181 – 198. (Sweet & Maxwell, Lond.)

This articles compares judicial attitude in minority protection litigation in two foreign jurisdictions and explores the extent of judicial discretion within the framework of applicable case law in the United States and United Kingdom.

6.            ABUGU, Joseph E. O. “NIGERIA’S EVOLVING LEGAL FRAMEWORK FOR PENSIONS AND PENSION FUND ADMINISTRATION” [2006] vol.12 International Company and Comparative Law Review (ICCLR) 78 – 102. (Sweet & Maxwell, Lond.)

The paper traces the history of pension fund administration in Nigeria to the current review under the Pensions Reform Act 2004. It exposes the intricacies of the new regulatory regime and proffers law reform for the development of the pension fund industry.

7.            ABUGU, Joseph E.O., “THE DEATH KNELL OF THE RULE IN FOSS V HARBOTTLE” (2005) Vol.2 N. J. A. L. 22-47.

This paper examines the usefulness of the rule in the celebrated case of Foss v Harbottle to minority shareholders. Recent provisions in the Companies and Allied Matters Act were examined with new vista for redressing wrongs done to minority shareholders.

8.            ABUGU, Joseph E.O., “COURT SYSTEM IN NIGERIA”, Chapter 2 in “Commercial Law in Nigeria”, Akanki E.O. ed., a book publication of the Department of Commercial & Industrial Law, Faculty of Law, University of Lagos Press, (2005), p.44 - 95.

This is an introduction manual into the court system in Nigeria. It discusses the status and hierarchy of the courts from the lowest to the Supreme Court, their constitution, jurisdiction and powers in the administration of Justice in Nigeria.

 

9.            ABUGU, Joseph E.O., “THE LAW OF BANKING”, Chapter 9 in “Commercial Law in Nigeria”, Akanki E.O. ed., a book publication of the Department of Commercial & Industrial Law, Faculty of Law, University of Lagos Press, (2005), P.533 - 559.

This is an introductory synopsis of the law and history of banking in Nigeria. It examines the licensing and control of banks in the context of existing statutes and the role of the regulatory institutions.

10.          ABUGU, Joseph E.O., “NEGOTIABLE INSTRUMENTS” Chapter 10 in “Commercial Law in Nigeria”, Akanki E. O ed. a book publication of the Department of Commercial & Industrial Law, Faculty of Law, University of Lagos Press, 2005, P.560 - 601.

The paper is a detailed instruction manual on the law of Negotiable Instruments in Nigeria. It examines the principles of the Law Merchant on the subject as applicable within our local statutory context.

11.          UVIEGHARA E. E. and ABUGU, Joseph E.O., “TRADE UNIONS LAW ” Chapter 14 in “Commercial Law in Nigeria”, Akanki E. O ed. a book publication of the Department of Commercial & Industrial Law, Faculty of Law, University of Lagos Press, 2005, pp. 737 - 795.

This is a joint paper which details the Nigerian law on trade union formation, management, regulation and relationship with third parties. The right to strike and other topical issues in trade union activities are analyzed.

12.          ABUGU, Joseph E.O., “NIGERIAN LAW ON MERGERS AND TAKE-OVERS: A CASE FOR CONSISTENCY AND EFFECTIVENESS” (2004) Vol.25 No.2 “The Company Lawyer” (Sweet & Maxwell, London), pp. 56 – 63.

This edition of the Company Lawyer devoted its international section to this paper on the law of Mergers and Acquisitions. The regulatory framework in Nigeria is examined with an insight into legal and policy inconsistencies in regulatory approach of Government. It proffers suggestions for an effective regime of regulatory compliance.

13.          ABUGU, Joseph E.O., “TECHNOLOGY, GLOBALISATION AND THE NIGERIAN SECURITIES MARKET” (2003) J. Int’l. Banking Law Regulation, pp. 284 - 292. (Sweet & Maxwell, Lond.)

This edition has this singular Nigerian contribution which chronicles the effect of technology and globalization on the Nigerian securities market and legislative efforts to make Nigerian law on the subject internationally competitive. It concludes with suggestions for law reform and convergence of Nigerian law with international standards.

14.          ABUGU, Joseph E.O., “STATUTORY WAR ON INSIDER DEALINGS”,

(2002) Vol. 1 pp.105-128 in “The Commercial and Industrial Law Review”, journal of the Department of Commercial & Industrial Law, Faculty of Law, University of Lagos.

This paper examines the laws and regulations governing insider trading in Nigeria and by way of comparative analysis concludes that the war against insider trading in Nigeria is essentially a statutory war which is confined to the statute books and is lacking in the necessary legal structures for detection, enforcement and prosecution of insiders

15.          ABUGU, Joseph E.O., “THE ROLE OF COMPANY RECEIVERS AND MANAGERS” Chapter 16, pp. 292 – 313 in “CURRENT THEMES IN LAW” Akanki, E. O. & Agbede A., ed., Publication of the Faculty of Law, University of Lagos Press, (2001).

The paper analyses the various roles, powers duties and liabilities of Receivers and Managers appointed to secure the enforcement and realization of company debt securities. It further examines the efficacy of this mode of securities realization against other available common law remedies.

16.          ABUGU, Joseph E.O., “LEGAL AND REGULATORY ASPECTS OF MERGERS AND ACQUISITIONS IN THE INSURANCE INDUSTRY”, (2000) No. 8 J. of Nig. Insurers Assn., pp 6 - 11.

This paper examines the concept of mergers and acquisitions in the Insurance Industry within the context of the Insurance Decree 1997 and the National Insurance Commission Decree 1997. It sets out the correct legal procedure of a merger scheme, the regulatory authorities involved and their legal roles.

17.          ABUGU, Joseph E.O., “MERGERS AND ACQUISITION IN NIGERIA: PURPOSES AND PROSPECTS” Chapter 9 pp. 101- 117 in “Developments and Reforms: Nigeria’s Commercial Laws: Essays in Honour of Chief Chris Ogunbanjo” Fagbohun Olanrewaju & Adewopo Adebambo ed., Lagos State University (1998).

The paper examines the legal mechanism and procedure effecting mergers and acquisition under the Nigerian Laws and further explores the prospects and future of these schemes in exploiting corporate synergies in a developing economy such as ours.

18.          ABUGU, Joseph E.O., “MANAGEMENT METHODS AND THE NIGERIAN MANAGER”, (1998) Vol. 5 No. 3 MODUS INTERNATIONAL Law and Business Quarterly, pp. 66 - 71.

This is an analysis of the various management theories and models and their applicability or adaptability to the needs and circumstance of the Nigerian worker. It discouraged a wholesome importation of foreign management models and recommended such adaptation only with a local content.

19.          ABUGU, Joseph E.O., “THE POWER OF A MANAGING DIRECTOR TO INSTITUTE LEGAL ACTION IN THE NAME OF A COMPANY: A VISIT TO TRANS-ATLANTIC SHIPPING AGENCY LTD V DANTRANS NIG. LIMITED” (1998) Vol.2 No.3 Fin. & Investment Law Quarterly Comp. Rev. of Law and Practice, pp. 198 - 203.

The paper examines the powers of the managing director to initiate legal proceedings in the name of his company and critically analyses the decision of the Court of Appeal in Trans-Atlantic Shipping Agency Ltd v Danstrans Nig. Limited on this issue.

20.          ABUGU, Joseph E.O., “A REVIEW OF TRADE UNION ORGANISATION IN NIGERIA”. (1997) Vol. 2 No. 3 MODUS INTERNATIONAL Law & Business Quarterly. PP. 73 – 83.

This paper traces the history of trade union organisation in the country and focuses on recent efforts of the Federal Government through several Decrees to alter the structure of trade union organisation in the country. It highlights the legal inconsistencies in the various Decrees and proposes non governmental interference in labour affairs in consonance with international labour conventions.

21.          ABUGU, Joseph E.O., “PROMOTING INVESTMENTS IN NIGERIA”, (1996) Vol. 1 No. 1 MODUS INTERNATIONAL Law and Business Quarterly, pp. 71 -76.

The paper examines the new investment regulations regime in Nigeria since 1995 and discusses the practical implications of the Nigerian Investment Promotion Commission Decree No.15 and the Foreign Exchange (Monitoring and Miscellaneous Provisions) Decree No.16 on the Nigerian investment climate and the need to create a conducive environment to attract foreign investment for the much required growth of the economy.

Published Conference Proceedings Paper

22.          AGOMO, C.K, OYEWUNMI A.O. & ABUGU J.E.O., “FUTURE OF LAW AND LABOUR RELATIONS IN NIGERIA” Proceedings of the 34th Annual Conference of the Nigeria Association of Law Teachers, Faculty of Law, Rivers State University of Science & Technology, Nkpolu, Port Harcourt, 26th – 29th Oct. 1997.

It examines topical issues in Nigeria’s employment law and collective labour relations and laments the effect of military decrees which have constricted the practice of labour relations in the country.

CONFERENCE AND WORKSHOP PAPERS

1.            ABUGU, Joseph E.O., “THE LEGAL AND REGULATORY FRAMEWORK FOR THE ESTABLISHMENT OF DISCOUNT HOUSES”, being a paper delivered at the technical workshop on Discount Houses organized by the Money Market Association of Nigeria, Abeokuta, Ogun State, April, 1992.

2.            ABUGU, Joseph E.O., “MANAGEMENT AND TECHNICAL SERVICE AGREEMENTS”, being a workshop paper presented at An Advanced Drafting programme organized by the Department of Commercial & Industrial Law. University of Lagos, March 1995.

 3.            ABUGU, Joseph E.O., “EFFECTIVE COMMUNICATION AND MINUTE WRITING IN ORGANISATIONS”. Being a paper presented at the 8th Annual Conference of the Institute of Chartered Secretaries and Reporters, 6th – 8th November 1995.

4.            ABUGU, Joseph E.O., “CORPORATE STATUS OF A REGISTERED TRADE UNION”, being a paper presented at the 1997 Annual Conference of the Non-Metallic Employers Association of Nigeria, Lagos, Nov. 1997.

5.            ABUGU, Joseph E.O., “NEGOTIATION SKILLS, LANGUAGE AND BEHAVIOUR”, being a paper presented at the 1997 Annual Conference of Construction Industry Arbitrators of Nigeria, Lagos, Sept. 1997.