Forum Issues In The Enforcement Of Regulatory Obligations Of Nigerian Public Companies

Abstract

J
urisdictional conflict between judicial fora is often a common issue in
countries that use a mix of specialist and regular Courts to resolve civil
and criminal cases. In Nigeria, owing largely to lack of clear guiding principles, this conflict reflects presently in the judicial determination of the regulatory obligations of the country’s public companies.
This paper focuses on this conflict. It examines statutory and case law
rules at the centre of the jurisdictional conflict between the Federal High
Court and the Investment and Securities Tribunal, in relation to the enforcement of reporting obligations of Nigerian public companies. As a contribution to regulatory clarity and law reform, it proposes and discusses normative principles for the resolution of this perceived jurisdictional conflict.