Financial crime prosecution, legal certainty and exigency of policy: case of Nigeria's EFCC
Purpose – In its fight against money laundering involving politically exposed persons (PEPs), the Economic and Financial Crimes Commission (EFCC) has the dual mandate of maintaining equilibrium between two fundamental, but sharply contradictory objectives: establishing guilt beyond a reasonable doubt, and responding to the policy imperative of nipping corruption in the bud through a pro-active involvement in preventative measures. This paper contends that as a result of the tension between these two divergent ends, the agency has found itself the spider in a cobweb of legalism designed by its adversaries to stymie its operations. Furthermore, and as a matter of priority, the paper calls for a major rethink of the appropriateness of criminal jurisdiction in the prosecution of financial crimes in Nigeria and elsewhere in Africa. The paper aims to discuss these issues. Design/methodology/approach – Case study and textual analysis of literature. Findings – Civil jurisdiction of extracting the proceeds of the ...
Bribery and corruption in telecommunications: the case of Kenya
Purpose – This paper aims to examine how telecommunications in Kenya was affected by the absence of good governance and the presence of rent-seeking by ministers. Design/methodology/approach – A single-country case study combining approaches of anti-corruption and telecommunications methodologies using secondary and legal sources. Findings – Corruption has been a significant factor, but has also led to distortions in the market which may have been more significant. Research limitations/implications – Given the sensitivity of corrupt dealing, it is impracticable to interview the principals, some of whose identities are concealed behind front companies. Practical implications – It is necessary to modify telecommunications practice to eliminate the use of front companies and those registered in opaque registries to identify conflicts of interests. Originality/value – This is one of only four countries examined in terms of bribery and corruption in telecommunications.
A Historical Introduction to the Law of Obligations
1 PROLOGUE: THE PREHISTORY OF THE ENGLISH LAW OF OBLIGATIONS 2 STRUCTURAL FOUNDATIONS 3 UNITY AND FRAGMENTATION OF THE MEDIAEVAL LAW OF CONTRACT 4 TRESPASS, TRESPASS ON THE CASE, AND THE MEDIAEVAL LAW OF TORT 5 THE SUBSTANTIVE LAW OF TORTS 6 THE SUBSTANTIVE LAW OF CONTRACT PART 2 THE TRIUMPH OF TRESPASS ON THE CASE 7 TORT, PROPERTY, AND REPUTATION: THE EXPANSION OF THE ACTION ON THE CASE 8 THE RISE OF THE ACTION OF ASSUMPSIT PART 3 THE MODERN LAW OF TORT AND CONTRACT 9 TRESPASS, CASE, AND THE MORAL BASIS OF LIABILITY 10 THE LAW OF TORTS IN THE NINETEENTH CENTURY: THE RISE OF THE TORT OF NEGLIGENCE 11 THE LAW OF TORTS IN THE TWENTIETH CENTURY: EXPANSION AND COLLAPSE OF THE TORT OF NEGLIGENCE 12 FOUNDATIONS OF THE MODERN LAW OF CONTRACT 13 THE RISE OF THE WILL THEORY THE WILL THEORY AND THE CLASSICAL MODEL OF CONTRACT 14 THE DECLINE OF THE WILL THEORY: LEGAL REGULATION AND CONTRACTUAL FAIRNESS PART 4 UNJUST ENRICHMENT 15 UNJUST ENRICHMENT 16 LEGAL CHANGE AND LEGAL CONTINUITY