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San Diego International Law Journal

2010

CAMA

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The Prohibition Of Large Partnerships In Nigerian Company Law: An Essay Into Postcolonial Legal Atavism, C. George Nnona Mar 2010

The Prohibition Of Large Partnerships In Nigerian Company Law: An Essay Into Postcolonial Legal Atavism, C. George Nnona

San Diego International Law Journal

Nigerian company law requires that partnerships of more than 20 persons be incorporated and penalizes those who conduct business in violation of this requirement. The requirement has its conceptual roots in the affairs that precipitated the English Bubble Act of 1720 and its doctrinal origin goes at least as far back as the Joint Stock Companies Registration, Incorporation and Regulation Act of 1844. This article argues that whatever may be the merits of the requirement as enshrined in English company law, the requirement is unconstitutional when transposed into federal legislation within the current constitutional framework of Nigeria. The article further …