At the Law department office
Appointment on Visitation important
Topic: International Commercial Arbitration Law
|1.||Ph.D (Law)||Faculty of Law, Lagos State University||2016|
SIFAX V MIGFO AND LIMITATION LAWS IN NIGERIA: TRIUMPH OF PRAGMATISM OVER FORMALISM?
The recent pronouncement of the Supreme Court of Nigeria in Sifax & Ors v Migfo & Anor reveals the desirability of a pragmatic as against a formalistic approach to Nigerian limitation laws. This article critically examines Sifax’s and seizes the opportunity to flag up the inadequacies in the extant limitation laws in Nigeria. The article argues that a total overhaul of the limitation laws is long overdue as they are not only old-fashioned and ambiguous but also producing undesirable results. It predicts that it is very unlikely that any legislative intervention may be witnessed in the nearest future. Therefore, the article suggests that the courts must continue to fill the gaps by a pragmatic interpretation of the laws within the bounds of the general policy objectives of the limitation laws. It advocates comparative judicialism as a useful methodology to achieve this task.
Accepted for publication in an international journal based in Edinburgh: (African Journal of International and Comparative Law Volume 28 pt.4.)
OLATOYE KAREEM is a Professor at the Department of Law
OLATOYE has a Ph.D in Law from Faculty of Law, Lagos State University