ISSN: 2521-2605
Affiliations: Professor of Law, Universities of Macau (Macau) and Trento (Italy)
Source: Journal of Comparative Law in Africa, Volume 3 Issue 1, p. 178 – 180
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ISSN: 2521-2605
Affiliations: None
Source: Journal of Comparative Law in Africa, Volume 3 Issue 1, p. 177
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ISSN: 2521-2605
Affiliations: Senior lecturer, Law School, Aberdeen Business School, Robert Gordon University
Source: Journal of Comparative Law in Africa, Volume 3 Issue 1, p. 149 – 176
Many African women suffer discrimination on the basis of their gender and other factors like religion, customs, age and marital status. They continue to be victims of harmful practices whose perpetrators are never held to account because the practices have their roots in cultural values and traditions. Any attempt to initiate a change in human rights — in particular, women’s rights — is countered with the argument of the imposition of Western culture on other regions of the world. This argument is based on the premise that human rights should be fashioned along the lines of the cultural beliefs of the people and should never be expected to be universal. By comparing certain provisions of the Convention on the Elimination of All Forms of Discrimination against Women with a number of African human rights instruments, this article investigates the influence of cultural relativism — if any — on the formulation of women’s rights under African human rights regimes.
ISSN: 2521-2605
Affiliations: Agrégé des Facultés de Droit, UCAD
Source: Journal of Comparative Law in Africa, Volume 3 Issue 1, p. 114 – 148
The OHADA legislator has made a decision to make this law attractive, which has been demonstrated through several reforms. Thus, corporate law, a law of globalisation, could not escape this reform movement. Indeed, when browsing the revised Uniform Act relating to Commercial Companies and GIE, it is clear that the legislator is attempting to overcome the endless conflicts between several notions or concepts in an effort to allow inclusive and democratic management of the company. However, shortcomings have been noted with regard to a lack of knowledge of corporate social responsibility standards and procedural rights of managers and associates who are in conflict with the company or partners. The conclusion is that these failures will be met in the next set of corporate law reforms.
ISSN: 2521-2605
Affiliations: Law lecturer and researcher, Faculty of Law, Bowen University, IWO, Nigeria
Source: Journal of Comparative Law in Africa, Volume 3 Issue 1, p. 100 – 113
This article examines minority shareholders’ rights under corporate governance; what those rights are and what they should be, particularly in developing jurisdictions like Nigeria. The article subscribes strongly to the quest for the recognition and enforcement of minority shareholders’ rights under corporate governance. Once a company is incorporated, it assumes a legal status distinct from its subscribers; it can sue and be sued in its corporate name. Consequently, whenever the company has been wronged it is only the company that can seek redress; this is founded on the doctrine known as the majority rule as laid down in Foss v Harbottle [fn1]. The courts and a number of corporate laws in developing jurisdictions have over the years laid down several exceptions to this rule, thereby giving the minority shareholders right to seek redress against the majority shareholders in certain circumstances. This article interrogates the rationale behind the exceptions to the majority rule, with a special focus on developing jurisdictions. The article concludes that the majority rule is tainted with oppressive intentions rather than being a strategic imperative, particularly in respect of the right of minority shareholders to seek redress in court and that the strict application of the majority rule may create some intricate practical and legal problems. The success of the free market economy depends on the success of companies which rely on the leadership and performance of directors. The success of companies depends on directors bringing enterprise and integrity into their relationships with all shareholders, particularly minority shareholders. This research paper makes a modest contribution to knowledge in the sphere of minority shareholders’ rights and discusses how to facilitate a robust regime of the recognition and enforcement of minority shareholders rights under corporate governance in developing countries. footnote 1: (1843) 2 HARE 461
ISSN: 2521-2605
Affiliations: Senior lecturer in law, University of Lagos, Department of Private and Property Law, Lagos, Nigeria
Source: Journal of Comparative Law in Africa, Volume 3 Issue 1, p. 82 – 99
This paper provides a case law survey of the custom of daughter/widow retention, alternatively referred to as ‘woman-to-woman’ marriage, in Nigeria. Since the empirical survey presenting the patterns is taken from case law, the paper necessarily adopts a socio-legal approach, invoking a need for limited analysis of the cases. Existing studies of the custom emphasise the role of patriarchy, succession and gender socialising in its development. However, a closer look at the custom and ancillary customs from the same ethnic group suggests that the relevance of womanhood to the scheme of society’s affairs, a chance at women’s self-actualisation, and the individual’s dignity, in spite of circumstances of birth, have played more significant roles in the sustenance, perpetuation and acceptance of the custom. Is the custom still relevant? The approach of the Nigerian courts is to abolish this custom vide ‘judicial legislating’. The paper shows that the larger society within which the custom operates accepts its ideals, thereby making African customary law structures that thrive on informal dispute resolution and persuasion the only viable way of resolving the conflicts and calming the tensions emanating from the clash between this custom and modernity. Persuasion through convincing strategies would thus work better than the current attitude of the Nigerian superior courts.