Medical Negligence And Informed Consent

1.1 The decision of the Supreme Court of Nigeria in EMTS Ltd v Afdin Ventures Ltd & Ors.,2 signifies a further consolidation of Nigeria’s pro-arbitration jurisprudence within the global framework of international commercial arbitration. The judgment prioritized the efficacy of achieving finality in arbitration proceedings over technical procedural requirements and addressed issues relating to the enforceability of arbitral awards against non-signatories, allegations of fraud in arbitration, judicial intervention in arbitral awards and the need for expeditious determination of arbitration related litigation.

The Supreme Court's decision in 11 PLC v. Milan Industries Ltd raises critical questions about the constitutional validity of statutory ouster clauses that restrict judicial remedies. While upholding AMCON's powers to enforce mortgage securities and sell collateralized assets, the court controversially held that Section 34(6) of the AMCON Act validly ousts courts' jurisdiction to grant restorative reliefs, limiting aggrieved parties to monetary compensation only. This interpretation conflicts with constitut

Litigation in Nigeria is very expensive, and a party with a substantial and valid claim may be discouraged from enforcing the claim due to the expensive nature of litigation and the time spent in court. It is for this reason that a party may consider Third Party Funding (TPF). TPF of litigation is a means for financially incapacitated parties to have the financial support of a third party to finance a court proceeding for enforcement of their rights or claims.

The emergence of generative artificial intelligence in arbitration raises fundamental questions about the legitimacy of arbitral awards when AI assists in decision-making. Two landmark cases examine whether extensive AI reliance by arbitrators constitutes impermissible delegation of their adjudicative function, and whether existing legal frameworks can adequately address these novel challenges.

This article examines the "public policy" exception to enforcing arbitral awards in Nigeria under the Arbitration and Mediation Act 2023. It analyzes how Nigerian courts interpret this undefined concept...

Nigeria's Arbitration and Mediation Act 2023 fundamentally transforms West Africa's dispute resolution framework by introducing mandatory judicial stays, emergency arbitrator provisions, and third-party funding mechanisms. How do these reforms position Nigeria as a competitive arbitral seat for international commercial transactions, and what strategic considerations should global counsel evaluate when drafting dispute resolution clauses for Nigerian-connected contracts?

In Nigeria, justice is not often measured by verdicts, but by waiting, and by waiting, this means, unfortunately, prolonged trials, delayed rulings, and overcrowded prisons, which have all turned courts into actual waiting rooms, like a woman waiting to conceive. This article examines the possible factors behind judicial delay, arguing that it is not merely a procedural flaw but a complex interplay of financial incentives, abuse of procedural safeguards, strategically prolonged litigation, and institutional inefficiencies.

Nigeria's Supreme Court has introduced mandatory electronic filing requirements through new Practice Directions that fundamentally transform appellate procedure. The reforms mandate OCR-enabled document uploads, impose strict timelines with financial penalties for non-compliance, and introduce substantial transmission fees that raise questions about access to justice.

The word ‘absentia’ is a Latin term meaning ‘absence’. Trial in absentia occurs when a defendant is tried in his/her absence. This practice developed from the need to ensure justice and remedy the plague of absconding defendants, a trend that frustrated the judicial process.

Garnishee proceedings offer an efficient mechanism for enforcing monetary judgments by attaching funds held by third parties, typically banks. However, when external parties assert legal or equitable interests in the attached funds, the process encounters significant procedural and substantive challenges that test the boundaries between swift enforcement and the protection of competing proprietary rights.

The Deep Offshore Oil and Gas Projects Incentives (Tax Remission) Order, 2026 (the "Order") establishes a production-linked tax remission framework for qualifying deep offshore oil and gas developments in Nigeria.

Consumer protection is a major component of any economy. With the increasingly complex nature of commercial activities and financial transactions in Nigeria, there is a need to balance the interests of businesses while adequately protecting the rights and welfare of consumers.

The pace of innovation has never been faster. Every day, Nigerian entrepreneurs launch new digital platforms, software developers build artificial intelligence-powered solutions, musicians, writers and filmmakers create content for a global audience, and startups leverage emerging technologies to solve local problems.

The second quarter of 2026 saw significant regulatory and legislative activity across Nigeria’s healthcare sector — from expanded consumer protection powers over healthcare providers to new frameworks for digital pharmacies, health financing, and public health institutions. This edition of the Medical Law Digest covers the key developments.

In many Nigerian marriages, it is common for a house, piece of land, or other valuable property acquired during the marriage to be registered in the name of only one spouse. In most cases, this may simply be a matter of convenience, tradition, or circumstance.

Third-party funding (TPF) has become an increasingly significant feature of international arbitration, driven by the rising costs of resolving complex commercial disputes and the growing maturity of the funding industry. Recognising this development, Nigeria's Arbitration and Mediation Act 2023 (AMA) expressly permits third-party funding in arbitrations seated in Nigeria by abolishing the common law torts of maintenance and champerty in this context and introducing a statutory disclosure regime.

The Petroleum Industry Act 2021 ("PIA") has fundamentally restructured Nigeria's upstream petroleum licensing framework. Among other reforms, it replaced the previous licensing regime of the Petroleum Act (PA) and changed the licence type nomenclature with the introduction of the Petroleum Exploration Licence (PEL), Petroleum Prospecting Licence (PPL), and Petroleum Mining Lease (PML).

The second quarter of 2026 produced landmark judgments and significant regulatory developments in dispute resolution across Nigeria and internationally. This edition covers key court decisions from the Supreme Court, Federal High Court, and the Court of Arbitration for Sport.

The second quarter of 2026 witnessed significant regulatory developments across Nigeria’s energy sector. This edition of the Energy Law Digest covers key developments in upstream petroleum, domestic crude supply obligations, gas sector financing, electricity sector reforms, and energy transition governance.

In today's digital economy, data has emerged as one of the most valuable corporate assets. Businesses routinely collect, process, store, and transfer vast amounts of personal information relating to customers, employees, contractors, and other stakeholders. While corporate governance discussions have focused on financial performance, regulatory compliance, board effectiveness, and environmental, social, and governance (ESG) considerations, data protection has often been treated as a purely technical or operational concern.