October 15, 2020
By Michael Ezeh and Latifat Moradeyo (Associates)
Although, the primary target of the COVID 19 pandemic is public health, its impact on the global economies is quite calamitous and unprecedented. Business process functions across most industries are severely deterred due to the immense pressure resulting from the effects of the Covid-19 pandemic, therefore, many multinationals, complex and business-critical services running a global scale as well as the Micro, Small and Medium Enterprises (MSMEs) must be reassessed to meet the realities of our time. Countries around the world have put in place monetary and fiscal measures to cushion the hardship of the deadly virus on businesses, individuals, and households.
In a bid to cushion the effect of the COVID- 19 pandemic, the House of Representatives on the 24th March, 2020 passed the Emergency Economic Stimulus Bill, 2020 (“the Bill”). According to Section 1 of the Bill, the objectives of the Bill are as follows:
- To provide temporary relief to companies and individuals and alleviate the adverse financial consequences of a slowdown in economic activities as a result of Covid-19;
- To protect the employment status of Nigerians who might otherwise become unemployed;
- To provide a moratorium on mortgage obligations for individuals;
- To eliminate additional fiscal bottleneck on the importation of medical equipment, medicines, personal protection equipment, etc.; and
- To cater to the general wellbeing of Nigerians pending the eradication of the pandemic and a return to economic stability.
The Bill provides for three relief which are; reduction of income tax liability of an employer, waiver of import duty on medicines and medical goods and deferral of mortgage payments to the Federal Mortgage Bank of Nigeria for a fixed term.
September 26, 2020
MEDICO-LEGAL PRACTICE IN NIGERIA: BALANCING THE RIGHTS AND LIABILITIES OF PATIENTS AND MEDICAL PRACTITIONERS. **
By Mercy Agbo (Associate)
The COVID 19 pandemic has put the world today on a standstill. Businesses and human activities have been put on hold for the life of mankind to be preserved. It is safe to say that health practitioners especially, medical doctors are at the forefront of this battle and there is need to preserve a continuous and friendly relationship between them and patients. It is established law that doctors owe a sacrosanct medical duty of care to their patients which requires a high degree of skill and competence; otherwise, liability for medical negligence may arise. However, given certain circumstances, it is not easily determinable when negligence is said to have arisen as instanced where due to the COVID 19 pandemic, most doctors may be scared and decide not to attend to sick persons especially those who show symptoms of the virus, where a patient dies in the course of being treated or out of improper diagnosis by the doctor or hospital.
This article, therefore, tends to answer the posers: whether a medical doctor can refuse to treat a patient? Whether the patients have any right? Whether a medical doctor or a hospital can be liable for negligence? by focusing on the duties and responsibilities of medical practitioners vis a vis the rights of patients with a discuss on medical negligence, its elements and remedial actions that can be brought up in the case of a breach.
March 17, 2020
WHO IS AUTHORIZED UNDER THE LAW TO COLLECT STAMP DUTIES IN NIGERIA
BY FELIX TERUNGWA AYEM, LLB, BL, HRM; Associate at KMO LEGAL
The office of the Attorney General of the Federation is created by the provisions of section 150 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The section provides clearly as follows:
“There shall be an Attorney-General of the Federation who shall be the Chief Law Officer of the Federation and a Minister of the Government of the Federation”.
The position of the Attorney-General as described above entails that he is the numero uno, that is, the number one law officer in the whole of the Federation and that automatically places him in the position of the Chief Advisor to the President on all legal issues. (more…)
March 17, 2020
GIG ECONOMY WORKERS: EMPLOYEES OR INDEPENDENT CONTRACTORS?
Gig economy is an economic activity that involves the use of temporary or freelance workers to perform jobs typically in the service sector. In a gig economy, flexible jobs are commonplace and companies tend towards hiring independent contractors and freelancers instead of full-time employees. In essence, it is where workers complete tasks on a project-by-project or client-by-client basis rather than regularly working for a single employer. The gig economy is characterized by flexibility, zero hour contracts, self employment, workers paid for limited contracts, and people having more than one source of income. Jobs in the gig economy include ridesharing [Uber, Bolt, Opay etc] which is now popular, delivery driving, selling craft, consulting, freelance writing, photography, coding and programming etc. Participants in the gig economy are usually referred to as gig workers and on-demand companies. A gig worker has been defined to mean an independent contractor, online platform worker, contract firm worker, on-call worker and temporary worker.