O. M. Atoyebi, SAN FCIArb.(U.K)

O. M. Atoyebi, SAN FCIArb.(U.K)

  • Joined: June 1, 2024
  • Articles: 591

The Governance Imperative: Nigerian Institutions, Global Standards And The Professional Responsibility To Bridge The Gap

Nigeria’s governance challenge is no longer simply about the absence of laws, codes or regulatory standards, but the persistent gap between formal governance requirements and institutional practice. Closing this governance gap requires effective regulation, stronger institutional capacity, responsible leadership and professionals who can translate legal and governance principles into sound decision-making, accountability and institutional integrity.

Founders’ Agreements In Nigerian Startups: The Contractual Protections Every Founder Should Consider

Many Nigerian startups begin with informal understandings among founders, leaving equity, decision-making, intellectual property, exits and deadlock unresolved until the company acquires real value. This article examines how a founders' agreement can protect a startup under CAMA 2020, the Nigeria Startup Act 2022, the Copyright Act 2022, and Nigeria's dispute-resolution regime, while highlighting the contractual provisions every founder should consider from inception.

From Piracy to Fisheries Crime: Reassessing Nigeria’s Maritime Security Framework in the Era of Illegal, Unreported and Unregulated Fishing

Nigeria’s maritime-security architecture has made major strides against piracy, but IUU fishing exposes a different enforcement gap. This article examines why fisheries crime should be integrated into maritime-security policy without collapsing ordinary fisheries violations into piracy, and proposes legal, surveillance, prosecution, port-control and regional reforms for a more complete blue-economy security framework.

Ship Mortgages And Proprietary Maritime Claims Under Nigerian Admiralty Law

Ship mortgages are a critical form of maritime security in Nigeria, but registration does not place a mortgagee ahead of every competing claim. This article examines the creation and enforcement of ship mortgages under the Merchant Shipping Act 2007, their classification as proprietary maritime claims under the Admiralty Jurisdiction Act 1991, and the arrest, judicial sale, and priority mechanisms under the Admiralty Jurisdiction Procedure Rules 2023. It highlights the superior status of maritime liens and the importance of registration and maritime due diligence to effective ship finance.

Streamlining Trading Regulations And Policies: Policy And Regulatory Convergence For Oil And Gas Trading In West Africa

West Africa’s oil and gas trade is becoming increasingly regional, but the rules governing licensing, product standards, customs, infrastructure access and market reporting remain largely national. This article examines how regulatory convergence can reduce cross-border barriers without displacing national regulators. It argues for common minimum standards, mutual recognition, coordinated market oversight, and transparent data systems that support efficient trade and credible regional price discovery.

Project Finance in Nigeria: Legal Structure, Risk Allocation, and Security Arrangements

Project finance can help mobilise long-term capital for Nigeria's infrastructure and other capital-intensive sectors, but bankability depends on more than access to debt. Effective project structures must combine predictable revenues, commercially rational risk allocation, regulatory compliance, and properly perfected security. This article examines the legal architecture that supports those objectives under Nigerian law.

Does the Appointment of a Receiver Alter the Corporate Legal Personality of a Nigerian Company? An Examination of the Supreme Court Decision in Neconde Energy Limited v FBNQuest Merchant Bank Limited & 4 Ors

The Supreme Court’s decision in Neconde Energy Limited v FBNQuest Merchant Bank Limited & 4 Ors clarifies that receivership may displace directors’ powers over charged assets without extinguishing the company’s separate legal personality. Where the validity or scope of the receiver-manager’s appointment is itself challenged, the company retains residual authority through its board to appoint independent counsel and protect its legal interests.

Legal And Regulatory Compliance In Nigeria’s Financial Technology Sector: Navigating Licensing, Consumer Protection, And Cybersecurity Obligations

Nigeria’s fintech sector is governed by an overlapping network of financial, consumer-protection, data-protection and cybersecurity rules. This article examines the licensing obligations that determine lawful market entry, the duties owed to digital-finance consumers, and the cybersecurity and privacy controls required of fintech operators. It argues that sustainable fintech regulation depends on integrating compliance into product design, governance and operational risk management rather than treating it as a post-launch regulatory exercise.

Electronic Fund Transfers And Recovery In Nigeria: Reconciling Restitution, Unjust Enrichment And The Duties Of Banks

Electronic fund transfers have transformed banking in Nigeria but have also complicated the recovery of erroneous payments. This article examines how restitution, unjust enrichment, the banker-customer relationship and the CBN regulatory framework interact in resolving mistaken, unauthorised and fraud-induced transfers, while balancing efficient recovery with the rights of account holders.

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