ABSTRACT
This chapter engages in a critical study of the statutory derivative actions regime in Nigeria, Ghana, Kenya, and Tanzania. It examines the strengths and potential weaknesses of the derivative actions regime in the countries under study. It argues that Nigeria's Companies and Allied Matters Act 2020 has introduced some notable reforms to its derivative actions regime. Despite this, the regime still suffers from significant flaws which hinder its effectiveness as an enforcement mechanism. Following this, it explores the Ghanaian, Kenyan and Tanzanian statutory derivative actions regime. It notes the undeveloped nature of Tanzania's derivative actions regime while simultaneously discussing the level of detail and sophistication which is apparent in Ghana's derivative actions provisions. Kenya's regime is discussed, considering its close resemblance to its UK counterpart. Following this, the chapter explores the practical use and effectiveness of derivative actions as an enforcement regime in sub-Saharan Africa. The results of the study demonstrate that there is currently little to no enforcement of directors’ duties taking place in common law sub-Saharan African countries.
