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The Law of Banking in Nigeria - Principles, Statutes and Guidelines captures the general principles of banking law, statutes and guidelines relating to banking transactions. The book is presented in a very simple, precise, and clear language and contains three parts of thirty-one chapters in all covering the general principles of banking. It should create considerable awareness among the general public, law students, law teachers, bank customers as well as banks and bankers. Most certainly, it is a book that will assist the students and researchers in this area of law in wading through the general principles of banking law as well as the numerous Legislation and Guidelines on banking business.
There is little literature on the development of banking regulation in Nigeria, or the scope of powers of the Central Bank of Nigeria, which is its core banking sector regulator. The critical impetus of this book is to contribute to the literature of this area, with a detailed exploration of the Nigerian regulatory architecture. In addition, the book also engages in a comparative analysis with two emerging economies in Africa: South Africa and Kenya. It also considers the UK and the US as comparator jurisdictions in light of their regulatory responses to the global financial crisis of 2008. This book contributes to the ongoing discourse in this area by exploring, in detail, the theoretical underpinnings of regulation and supervision, to determine whether there is an understanding of what constitutes effective regulation in these jurisdictions. Given that Nigeria is the core jurisdictional focus, a historical account of banking exchanges from the pre-colonial era to more recent times is provided. Offering an understanding of how political, local and economic settings, in conjunction with the theories of regulation, have impacted and influenced regulatory development in Nigeria, the book engages in an examination of Nigeria’s historical experiences with bank failures, including the banking crisis it experienced in 2008. The newly enacted Banks and Other Financial Institutions Act 2020 is also explored as part of this discourse. Through a critical analysis of the law, the book demonstrates that the Nigerian regulator has historically adopted a reactionary strategy, instead of a proactive and pragmatic approach, which is imperative for an effective regulatory regime. The outcome of this analysis is that there are lessons to be learned, and proposals are discussed in order to rethink the act of banking regulation.
Fintech Law and Practice in Nigeria provides a comprehensive exploration of the rapidly evolving fintech landscape in Nigeria. Written by Davidson Oturu, this book offers an in-depth analysis of the legal, regulatory, and operational frameworks that govern fintech businesses in one of Africa’s largest economies. From payment systems to cryptocurrency, mobile banking, and digital lending, this book covers key aspects of the Nigerian fintech ecosystem. It delves into the various laws, guidelines, and regulations shaping the industry, offering practical insights for fintech founders, legal practitioners, regulators, and investors. Whether you are navigating the complexities of licensing requirements, compliance obligations, or investor agreements, this book provides clarity and actionable advice. In addition to covering local regulatory practices, Fintech Law and Practice in Nigeria highlights the global trends impacting the Nigerian fintech space, drawing comparisons with international markets. The book is an essential guide for anyone seeking to understand or engage with the legal side of financial technology in Nigeria, and a must-read for professionals looking to stay ahead in this fast-paced sector.
This book offers a valuable guide to one of the most challenging areas of commercial law, now frequently referred to as secured transactions, with a focus on Nigerian, Canadian and United States perspectives. A debtor’s ability to provide collateral influences not only the cost of the money borrowed, but also in many cases, whether secured lenders are willing to offer credit at all. The book proposes that increasing access to, and indeed, lowering the cost of credit could tremendously boost economic development, while at the same time arguing that this would best be achieved if the legal framework for secured transactions in Nigeria, and of course, any other country with similar experiences, were designed to allow the use of personal property and fixtures to secure credit. Similarly, the creation, priority, perfection, and enforcement of security interests in personal property should be simplified and supported by a framework that ensures that neither the interests of secured lenders nor debtors are hampered, so as to guarantee the continuous availability of affordable credit as well as debtors’ willingness to borrow and do business. The book further argues that in addition to the obvious preference for real property over personal property by secured lenders due to the unreformed secured-transactions legal framework in Nigeria, its compartmentalized nature has also resulted in unpredictability in commerce and the concomitant effects of poor access to credit. Through the comparative research conducted in this book utilizing the UCC Article 9 and Ontario PPSA as benchmarks, the author provides reformers with a repository of tested secured-transactions law solutions, which law reformers in the Commonwealth countries in Africa and beyond, as well as the business community will find valuable in dealing with issues that stem from secured transactions.
Telecommunications Law and Practice in Nigeria -Perspectives on Consumer Protection is intended primarily to provide an indigenous source of information on the theoretical and legal framework of the regulation of telecommunications in Nigeria with respect to how such legal framework assists in addressing the consumers’ problems in the field of telecommunications. The book covers the evolution of telecommunications the world over and its variant in Nigeria, a variety of issues including the early controlling organs, regulatory regimes, the deregulation era, interconnectivity and privacy law, telecommunications and intellectual property, international trade and drafting of international trade contracts, encryption technology and privacy in telecommunications. The book should be an invaluable companion on the Nigerian telecommunications law and practice with perspectives on consumer protection.
This book, based on international standards, provides a one-step reference to all aspects of risk management in an electronic banking environment.
Well-designed banking laws are critical for regulating the market access and operations of banks, as well as their removal from the market in case of failure. While at a financial policy level there is a broad consensus as to the content of banking laws, from a legal perspective their drafting often leaves something to be desired. In spite of what is often argued, the types of weaknesses of banking laws are hardly country-specific; many weaknesses are shared by many banking laws. This working paper discusses those weaknesses and ways to remedy them, by focusing on a selected set of legal policy principles.
Corporate governance in financial institutions has come under the spotlight since the banking crisis in the UK in 2008-9. In many respects, the banking business raises unique problems for corporate governance that are not found in other corporate secto
This collection of essays provides critical and in-depth analyses of Nigerian law, with comparisons to the laws of England and Wales, Canada, Australia, the USA and Singapore. It brings together world-class Nigerian legal academics who teach in various and leading law schools across the globe. The contributions represent the entire gamut of Nigerian law, from land law and the Land Use Act, through banking law, to commercial law. They also encompass insights from human rights law and procedures, criminal law, international law and the concept of self-determination, and Internet law and the regulation of electronic commerce. This book will be exceedingly useful to legal practitioners and academics, students and comparatists.