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A REVIEW ON THE APPLICABILITY OF NATURAL LAW PRINCIPLES TO THE LAW OF NEGLIGENCE IN NIGERIA.
ABSTRACT: The essence of creation of man in any environment is to interact, relate and have dealings with each other, in these relationships, certain level of moral standards is expected to be maintained which has necessitated the need for a guiding of conduct. Hence, the introduction of the law which is regarded as rules, and principles set out in order to streamline the activities of man with each other. Natural law theory emphasizes that, law has...
View DetailsAN APPRAISAL OF THE APPLICATION OF THE LAW RELATING TO DOMICILE IN NIGERIA
ABSTRACT: This research project entitled ‘AN APPRAISAL OF THE APPLICATION OF THE LAW RELATING TO DOMICILE IN NIGERIA’, is aimed at examining the legal framework of the law relating to the concept of Domicile in Nigeria. However, in the course of this research, the finding of the researcher is that there is a gaping hole in the application of the rules of Domicile especially that of Domicile of Choice in inter-state situation like Nigeria. For instance, accord...
View DetailsA CRITICAL EXAMINATION OF THE DOCTRINE AND IMPLEMENTATION OF SELF-DEFENSE IN THE CONTEXT OF INTERNATIONAL LAW
ABSTRACT: The present dissertation utilises the doctrinal research method to evaluate the theory of Self defence, which is considered a fundamental tenet of International law and serves as one of the exceptions to the prohibition on the use of force. This dissertation focuses on the examination of Article 51 of the United Nations Charter, which pertains to the legal provision of the right to self-defense within the realm of International law. The dissertation argues that...
View DetailsAN ASSESSEMENT OF THE LEGAL STRUCTURE FOR THE PROTECTION OF WOMEN’S RIGHTS IN NIGERIA
Abstract: This study assess of the legal structure for the protection of women’s rights in Nigeria. Specifically, the study aimed to examine the platform provided under the Nigerian law for the protection of women’s rights as well as to study the extent Nigeria has been able to measure up to international standards, evaluate the enforcement and implementation of such rights; explain how socio-cultural practices contribute to the abuse of wom...
View DetailsAN ASSESSMENT OF THE APPLICATION OF ALTERNATIVE DISPUTE RESOLUTION METHODS TO MARRIAGE DISPUTES
ABSTRACT: Marriage is a union entered into by two parties in every jurisdiction i. e, marriage is a universal occurrence. Although the legal process involved (either in formality or requirement) varies from one jurisdiction to another, marriage is often characterized by disputes which range from divorce to custody of children, maintenance e. t. c. Marriage, as examined in this context, is limited to that conducted under statutes. In resolving these disputes, recourse is made...
View DetailsAN INVESTIGATIVE REPORT ON CHILD AND WOMEN TRAFFICKING IN NIGERIA: THE NAPTIP LEGAL PERCEPTION
ABSTRACT: It is not exaggeration that despite the effort of NAPTIP and other bodies like the ILO, there are still cases and reports of women and child trafficking in Nigeria. There are occasions where hospitals take in young pregnant girls, offer them money for their babies ranging from N20,000-N25,000, which they in turn sell between N150,000-N30,000 depending on the gender of the baby. Regrettably, many Nigerian children in particular and Africa in general are prone to...
View DetailsAN EXAMINATION OF THE ROLE OF THE JUDICIARY IN LAW MAKING IN NIGERIA
ABSTRACT: The general purpose of this research work was to analyze the Role of the Judiciary in Law Making in Nigeria. The basic objectives of this research were to understand or explore the Role of the Judiciary in Law Making; to understand the impacts and challenges of judicial decisions to law making, and to understand the statutory interpretation aids and approaches of courts to law making. The statement of the problem was how can judicial participation in law making...
View DetailsAN INVESTIGATION INTO THE APPLICABILITY OF NATURAL LAW PRINCIPLES TO THE LAW OF NEGLIGENCE IN NIGERIA
ABSTRACT: The essence of creation of man in any environment is to interact, relate and have dealings with each other, in these relationships, certain level of moral standards is expected to be maintained which has necessitated the need for a guiding of conduct.
Hence, the introduction of the law which is regarded as rules, and principles set out in order to streamline the activities of man with each other.
Natural law theory emphasizes tha...
View DetailsANALYSIS OF THE APPLICATION OF THE LAW IN RELATION TO DOMICILE IN NIGERIA
ABSTRACT: The purpose of this research project is to analyse the application of the law in relation to domicile in Nigeria. The study will focus on examining the legal framework surrounding the concept of domicile in Nigeria. During the course of this research, it has been observed that there is a significant gap in the application of the rules of Domicile, particularly in inter-state situations such as Nigeria. According to the traditional understanding, the principle of Dom...
View DetailsAPPRAISAL OF THE INSTITUTIONAL AND LEGAL FRAMEWORK OF THE NIGERIAN NATIONAL ASSEMBLY SERVICE COMMISSION (2014 -2020).
Abstract: The Nigerian National Assembly Service Commission was established through the enactment of the National Assembly Service Commission Act, 2014 (as amended) as a centralized parliamentary administrative agency designed to address the multi-ethnic diversity of the Country and Composition of the National Assembly with respect to appointment, promotion and disciplinary control of the bureaucratic support staff of...
View DetailsA LEGAL UNDERSTUDY OF THE CONCEPT OF BAIL
ABSTRACT: Most suspects who might not have committed any offence or whose relation had been suspected of committing an offence have found themselves incarcerated in police detention sometimes on the premise of a holding charge over the years. Hence, this study empirically and critically explore and expatiate the concept of bail. Specifically the study focused on the need to respect the constitutional right to bail of every suspected criminal sa...
View DetailsTHE ROLE OF CRIMINAL PROFILLING AND IT’S RELEVANCE IN THE NIGERIAN CRIMINAL JUSTICE SYSTEM
ABSTRACT: The Nigerian criminal justice system is not entirely ignorant or unaware of the use and the merits of the application of criminal profiling as a tool in crime investigation. However, criminal profiling in Nigeria has not nearly reached the level of recognition, functionality or institutionalization that it has attained in other jurisdictions. This study aims to increase the awareness, explore the import, feasibility and the practicality of offe...
View DetailsDUTIES AND POSITION OF COMPANY DIRECTORS UNDER NIGERIAN COMPANY LAW
ABSTRACT: The enormous and challenging responsibilities of managing incorporated companies are vested on directors by the Companies and Allied Matters Laws of the Federation, 2004. Consequently I am attracted into researching about these human agents, trustees and organs of the company whose acts within the purview of the Law could be said to be the acts of the company. Though “ownership” normally are vested on shareholders (it is not the objective of this pr...
View DetailsWRONGFUL TERMINATION OF CONTRACTS OF EMPLOYMENT IN NIGERIA: A CASE FOR REINSTATEMENT OF PRIVATE EMPLOYEES
CHAPTER ONE
CONTRACTS OF EMPLOYMENT: MEANING AND NATURE
1.1 Introduction
A contract of employment is an agreement between two or more persons relationship established by contract, creating an obligation to do a particular thing in a contract of employment.
1.2 Meaning and Nature
The nature of contract of empl...
View DetailsAN ANALYSIS OF THE APPLICATION OF THE DOCTRINE OF COMPACT UNDER THE NIGERIAN MILITARY LAW
ABSTRACT
This research titled: Analysis of the Doctrine of Compact under the Nigerian Military Law is concerned about the legal status of a soldier upon joining the military profession on the one hand, and his contract of service to the state on the other hand. The soldiers compact spelt-out his right privileges, liabilities and&...
View DetailsCRITICAL ANALYSIS OF CORROBORATION UNDER THE NIGERIAN LAW OF EVIDENCE
ABSTRACT
There is no legal requirement that the prosecution or the plaintiff present a million witnesses or pieces of evidence in order to win their case. Just one witness can result in a conviction in court. There are few exceptions, but generally speaking, a single piece of credible, persuasive evidence is sufficient to find a defendant guilty in a court of law. The situations that this knowledgeable person is referring to are those in which a jud...
View DetailsCRITICAL APPRAISAL OF THE CONCEPT OF INSIDER TRADING UNDER NIGERIAN COMPANY LAW
ABSTRACT
Insider trading has been understood to the act of dealing in unpublished price sensitive information and it is seen to go against the principle of equal access to information. This work made an unfair appraisal of the concept of insider trading in Nigeria in the course of the work. The origin of inside trading regulation was examined and a cursory literature review of the concept of insider trading was made. In the courses of examine the overview of this co...
View DetailsA COMPARATIVE ANALYSIS OF DIRECTORS’ DUTIES OF CARE AND SKILL AND FIDUCIARY DUTIES OF LOYALTY AND GOOD FAITH UNDER THE COMPANIES’ ACTS OF NIGERIA AND THE UNITED KINDGOM
ABSTRACT
Having been in existence for about twenty five years now, the Companies and Allied Matters Act 1990 ―CAMA‖ is long overdue for review. The many calls for the review of the law have not particularly singled out the director‘s duties of care and skill and fiduciary duties of loyalty and good faith. Yet, a cursory look at the statement of duties under the CAMA leaves much to be desired. The United Kingdom relatively recently reviewed its company law and now operates the...
View DetailsA COMPARATIVE ANALYSIS OF THE ENFORCEMENT OF FOREIGN JUDGMENT IN NIGERIA AND UNITED KINGDON: A CASE FOR CYBER JURISDICTION
Abstract
Under Private International Law, enforcement of foreign judgment or its recognition is the whole mark of every proceeding. Without them, this spare of law will make little or no sense at all and international transactions will suffer a setback. They serve as guarantee that an act adjudged wrong by the court of competent jurisdiction in one state will same effect in other state. This research work intends to make comparative analysis of the conditions and procedures of enfor...
View DetailsA COMPARATIVE ANALYSIS ON THE CONCEPT OF FREEDOM OF RELIGION UNDER THE SHARI‘AH AND INTERNATIONAL LAW
ABSTRACT
This study analyzes the compatibility of Shariah with International Law on freedom of religion. As a subject of colossal complexity and variation, detailed examination is restricted to the highly contentious issues of the right to change religion (otherwise termed apostasy in Islamic law), the religious rights of non-Muslims (Dhimma) in an Islamic State, relations of law and religion (state religion), blasphemy/defamation of religion, and the application of the doctrine of...
View DetailsA COMPARATIVE STUDY OF WIFES RIGHT TO MAINTENANCE IN ISLAMIC AND STATUTORY LAWS IN NIGERIA: A CASE STUDY OF ZARIA AND SABON-GARI COMMUNITIES OF KADUNA STATE.
ABSTRACT
Majority of men in the society are ignorant of the wife’s right of maintenance in Islamic and statutory laws. HoweverIslam has provided the wife with the right to maintenance as enshrined in the holy Quran and statutory law respectively. But certain factors are militating against the enjoyment of such rights. Husbands do not maintain their wives according to what the holy Quran and statutes stipulate. It was therefore, investigated whether the Muslim and Christian wiv...
View DetailsA COMPARATIVE STUDY OF MODERN AND CUSTOMARY ARBITRATION IN NIGERIA
ABSTRACT
This thesis conceptualized dispute as an integral part of man’s existence and a common occurrence in human societies which could arise as a result of differences in opinion, political ideologies, bad governance, ethnic nationalism, land matters, family issues, some economic or religious reasons, and in some cases a combination of two or more of these factors which may lead to conflicts. These conflicts may result in strained relationships, loss of lives and/or propert...
View DetailsA CRITICAL APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR ANTI CORRUPTION CRUSADE IN NIGERIA
ABSTRACT
This dissertation gives an appraisal of the legal regime for combating corrupt practices in the public service of the federation. The objectives of the study are to examine the legal regime for combating corrupt practices in the public service of the Federation. Highlight the merits, demerits, challenges and to proffer some recommendations.
The main problem with the legal regime to combat corruption in the public service is lack of focus on the issues that cause c...
View DetailsA CRITIQUE OF DIPLOMATIC IMMUNITY IN INTERNATIOANAL LAW
ABSTRACT
Diplomatic immunity is one of the oldest elements of foreign relations, dating back as far as ancient Greece and Rome. Today it is a principle that has been codified into the Vienna Convention on Diplomatic Relations regulating past customs and practices of Diplomats. This convention has been influenced by three theories during different eras namely: personal representation, Exterritorility and functional necessity. The Vienna convention on Diplomatic relations further prov...
View DetailsA CRITICAL ANALYSIS OF PRESIDENTIAL POWERS UNDER THE 1999 NIGERIAN CONSTITUTION
ABSTRACT
Constitutional power, being the power fashioned out through the sovereign free will of the people, is basically meant to regulate the conduct of both the government and the governed. It is central to politics. The 1999 Nigerian Constitution vests executive powers in the President who is the Chief Executive. Similarly, the 1999 Constitution confers on the President, the power to assent to bills and modify existing laws. Even though there is provision for delegation of powers...
View DetailsA CRITICAL ANALYSIS OF THE REGULATORY REGIMES OF THE PETROLEUM INDUSTRY IN NIGERIA
ABSTRACT
This research work titled “critical analysis of the regulatory regimes of the petroleum industry in Nigeria” is centred on the legal and institutional frameworks of the regulatory regimes of the petroleum industry in Nigeria. The work attempted to trace the development, growth and evolution of the regulatory regimes in the petroleum industry pre and post oil discovery in Nigeria and in the same vein traced the evolution of regulatory institution in the petroleum...
View DetailsA CRITICAL EXAMINATION OF COLLECTIVE BARGAINING AND ITS ROLE IN LABOUR RELATIONS IN NIGERIA
ABSTRACT
Just as it is common for conflicts to arise in every human relationship, the relationship between an employer and an employee is not left out in this. The importance of collective bargaining is so enormous in order to bring about amicable settlement of trade disputes. It was discovered in this work that, countries the world over have at one time been faced with the challenges of industrial frictions. An objective of this research work is to educate society and stakeholders...
View DetailsA CRITICAL ANALYSIS OF ARTIFICIAL HUMAN REPRODUCTION: AN ISLAMIC LAW PERSPECTIVE
ABSTRACT
Reproductive rights attained recognition at the 1994 Cairo International Conference on Population and Development (ICPD) with the proclamation that reproductive rights embraces “the right to attain the highest standard of sexual and reproductive health and the right to make decisions on reproduction free from discrimination, coercion or violence” to the effect that women should be free to decide whether and when to have children, exercise their choices without c...
View DetailsA CRITICAL ANALYSIS ON THE IMPACT OF THE CONCEPT OF IJBAR ON THE PRACTICE OF CHILD MARRIAGE UNDER ISLAMIC LAW
ABSTRACT
This study critically analyzes the impact of the concept of ijbar on the practice of child marriage under Islamic law. While child marriage is widely criticized by the feminists on the basis of human rights, its practice is nevertheless defended on the basis of Islamic law and culture. This View Details
A CRITICAL ANALYSIS OF THE MEANS OF PROOF IN CIVIL LITIGATION UNDER ISLAMIC LAW
ABSTRACT
This dissertation entitled "A Critical Analysis of the Means of Proof in Civil Litigation under Islamic law "primarily examined the principles of Islamic Law applicable to means of proof. In this regard, the essential means of proof have been highlighted, i.e., Shahadah (testimony), al-Iqrar (Confession/Admission), Qarinah (circumstantial evidence), al-Kitabah (documentary evidence), flm al-Qadi (personal knowledge of a judge), al-Yamin (oath), al-Qiyafah (forecas...
View DetailsA CRITICAL ANALYSIS OF THE POWERS OF THE TAX APPEAL TRIBUNAL UNDER THE FEDERAL INLAND REVENUE SERVICE ACT, 2007 IN THE SETTLEMENT OF TAX DISPUTES IN NIGERIA.
ABSTRACT
A critical appraisal of the powers of the Tax Appeal Tribunal (TAT) in the settlement of Tax disputes in Nigeria stems from the fact that taxation is fast becoming the pivot and bane of Nigeria’s Development. This research examined the legal frame work that established and clothed this tribunal with powers, functions and jurisdiction of the TAT.The limitations which possess as challenge to the operation of the TAT was highlighted. These are the jurisdictional conflict...
View DetailsA CRITICAL ANALYSIS OF TAX SECTOR REFORMS IN NIGERIA FROM 1978-2012
ABSTRACT
Taxation remains a veritable instrument for national development. Apart from being a major source of revenue for the government, taxation provides goods and services needed by citizens. Taxation policies can stimulate economic growth and job creation through its impact on investment and capital formulation in the economy. In this respect reforms in the tax system that ensure effectiveness, equity...
View DetailsA Critique of the Application of the Principles of Natural Justice in Disciplinary Action in Nigerian Universities
ABSTRACT
The requirement of the principles of natural justice in the Universities disciplinary action has received much attention from the Courts in the recent time. The Court interventionin the administrative determination of the Universities hascreated a lot of uncertainties and confusion. In fact, the extent, scope and limit of the Universities‟ power to punish student for misconduct is mostly unclear. This problem is so far-reaching that the University decision-makers are often...
View DetailsA CRITIQUE OF THE MECHANISM FOR THE ENFORCEMENT OF INTERNATIONAL COURT OF JUSTICE (ICJ) JUDGEMENT: A CASE STUDY OF CAMEROON vs NIGERIA
ABSTRACT
The border relations between Nigeria and Cameroon remains an issue that gives all concerned a task to ponder. It is however clear that the boundary inherited by Nigeria at independence, especially in the Cameroon remains ill-defined. The Northern sector of the boundary has witnessed less problems because of the presence of physical features that were used to delimit the boundary such as mountains, hills, lakes, rivers, etc. Ebeji and Tiel in this sector have sometimes confu...
View DetailsA CRITIQUE OF THE SEPARATION OF OWNERSHIP AND CONTROL OF COMPANIES UNDER COMPANIES AND ALLIED MATTERS ACT 2004
ABSTRACT
Undoubtedly, the corporation has become one of the most powerful forces in twentieth century economies. It is both a method of property tenure and a means of organizing economic life. The corporation’s separation of ownership into component parts, control and beneficial ownership has brought into sharp focus the fundamental divergence between shareholder and management interests. With sole proprietorships, the owners are usually the same people who manage and operate...
View DetailsA LEGAL EXAMINATION OF THE ROLE OF TAXATION IN REVENUE GENERATION AND ECONOMIC DEVELOPMENT IN NIGERIA
Abstract
The bulk majority of the tax evasion and tax avoidance is caused by inadequate machineries and lack of skilled personal in administrative tax bodies as well as the legal framework upon which their relationship rest. This result in many problems of the tax collection in Nigeria. It is in this regard that the topic of this
A STUDY OF DOMESTIC IMPLEMENTATION IN NIGERIA OF THE CONCEPT OF GENDER EQUALITY UNDER INTERNATIONAL LAW
ABSTRACT
This research is entitled “A Study of Domestic Implementation in Nigeria of the Concept of Gender Equality Under International Law”. The Research started by way of introduction by explaining that the Nigerian societies are patriarchal in nature. The researchstudied domestic implementation in Nigeria of the concept of gender equality under international law. The sources of information used in...
View DetailsA STUDY OF CUSTOMARY LAND LAW AND TENURE PRACTICES OF SIX COMMUNITIES OF THE LOWER BENUE RIVER VALLEY OF NIGERIA
ABSTRACT
This study is aimed at studying the customary land laws and tenurial practices of the communities of the Nigerian Lower Benue River valley. These communities are the Idomas and the Tivs of Benue state, and the Alagos, Eggon, Mada, and Gwandara peoples of Nasarawa State. The methodology adopted was a survey approach which incorporated primary data captured through questionnaire and interviews. The work has shown that in the area of study, all the land were acquired originall...
View DetailsADMINISTRATION OF THE DEATH PENALTY IN THE CRIMINAL JUSTICE SYSTEM IN GOMBE STATE: AN APPRAISAL
ABSTRACT
The main aims and objectives of this desertion titled; “ ADMINISTRATION OF THE DEATH PENALTY IN THE CRIMINAL JUSTICE SYSTEM IN GOMBE STATE: AN APPRAISAL is to appraise,
evaluate, estimate and review the level of efficacy of the application of the Death Penalty in Nigeria, whether the retention of this Penalty in our Criminal Justice System is effective or not? Presently the international community is moving towards total abolition of the Death Penalty for al...
View DetailsAN ANALYSIS OF DELAY IN ENFORCEMENT OF CONTRACTUAL JUDGMENTS AS IMPEDIMENT TO FOREIGN DIRECT INVESTMENTS (FDI) IN NIGERIA
ABSTRACT
Foreign Direct Investment (FDI) is about economic prosperity and wealth creation of developing economies, (FDI) brings with it capital, technology, it provides a platform for the creation of jobs and links to the world economy which brings development. The New Partnership for Africa’s Development [NEPAD] asserts that to meet its developmental challenges, Africa will have to rely more on foreign direct investment [FDI] than aid. Given the fact, the aid flows to Africa...
View DetailsAN ANALYSIS OF CONFLICT MANAGEMENT BY THE UNITED NATIONS IN THE SINO-INDIA CONFLICT.
ABSTRACT
The Sino-India conflict which started many years ago has till this day continued. It is one of the prominent issues in the Asian continent with two of the most powerful Asian States (India and China) have been in a border dispute even with efforts from the United Nations to help manage the conflict the tension between the two states remain high as possible clashes are unpredictable as they can happen me anytime. Violent clashes, public display of opposition targeting govern...
View DetailsAN ANALYSIS OF JUDICIAL PROTECTION OF HUMAN RIGHTS IN NIGERIA: ISSUES AND CHALLENGES
ABSTRACT
Generally, the protection and promotion of human rights is a core function of the three terms of government to wit: The executive, legislature and the judiciary. In particular, judicial protection of human rights becomes expedient not only for the rule of law but the determination of equality governance. For example, an organized government needs a functioning legal and judicial system to bring forth its aspirations through an enormous regard for the protection and promotio...
View DetailsAN ANALYSIS OF ISLAMIC CIVIL PROCEDURE IN NIGERIA
ABSTRACT
As a result of interactions between individuals, it is normal for dispute to arise. Islamic Law had provided the procedures through which such dispute can be judicially determined. Nigerian Courts are enjoined to apply procedural Rules enunciated by Makili School of jurisprudence.
Full application of Islamic Civil procedure in Nigeria has been limited by some statutes. Most of the texts on Islamic Civil Procedure are classical and written in Arabi...
View DetailsAN ANALYSIS OF DOMESTIC IMPLEMENTATION OF THE KYOTO PROTOCOL ON CLIMATE CHANGE IN NIGERIA
ABSTRACT
The global nature of climate has become very well appreciated in the developing as well as developed world. For example, in its recent Summit in Gleneagles, Scotland, in the United Kingdom, the leaders of the G8 nations very significantly remarked that climate changed is happening now, that human activity is contributing to it, and that it could affect every part of the globe. In its resolutions, the G8 leaders noted thus “The Gleneagles plan of Action which we have a...
View DetailsAN ANALYSIS OF JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS UNDER NIGERIAN LAW
ABSTRACT
This dissertation aimed at examining judicial review of administrative actions in Nigeria. Judicial review is the power of a court to examine the acts of the other branches of government, lower courts, public or administrative authorities and uphold them or invalidate them as may be necessary in line with the relevant constitutional provisions which empowered the courts to review acts of administrative bodies or authorities in Nigeria. These methods are thr...
View DetailsAN ANALYSIS OF REGULATORY REGIMES FOR THE TAXATION OF ELECTRONIC COMMERCE IN NIGERIA
ABSTRACT
No doubt, the advent of Information and Communication Technology (ICT) has greatly impacted human interaction ranging from political, religious, social and business transaction. The Information and Communication Technology (ICT) has contributed in a no small measure to the advancement in business transaction as it has taken the manner and channel of commercial transaction beyond the traditional method. Electronic Commerce, though a terminology recently introduced to the psy...
View DetailsAN ANALYSIS OF THE APPLICATION OF THE DOCTRINE OF COMPACT UNDER THE NIGERIAN MILITARY LAW
ABSTRACT
This research titled: Analysis of the Doctrine of Compact under the Nigerian Military Law is concerned about the legal status of a soldier upon joining the military profession on the one hand, and his contract of service to the state on the other hand. The soldiers compact spelt-out his right privileges, liabilities and limitations. He is expected to perform his constitutional roles to the state in accordance to rule of law and International acceptable standard. The importa...
View DetailsAN ANALYSIS OF LEGAL FRAMEWORK ON COMBATING CYBERCRIME IN NIGERIA
ABSTRACT
This research provides a conceptual discourse into the challenges of cybercrimes and the modes of curbing it. The modern society today faces with the greatest achievements of technical and technological development, associated by rapid expansion of information technology and automation of work activities in all social life spheres. Such development in modern society has brought a large number of facilities on one side while, on the other side the presence of deliberate misu...
View DetailsAN ANALYSIS OF THE CONCEPT OF ABROGATION (NASKH) IN ISLAMIC LAW
ABSTRACT
Abrogation is generally aimed at bringing about what will be of general good to mankind. In abrogation, an existing legal ruling is replaced with another better or similar ruling. However, there have been efforts by some modernists such as Abdullahi Saeed to reinterpret some texts of the Qur’an under the guise of abrogation. This in itself represents an attempt to render some provisions of Islamic Law obsolete and or impotent. This research work therefore examines in...
View DetailsAN ANALYSIS OF THE DISPUTE SETTLEMENT BODY OF THE WORLD TRADE ORGANISATION
ABSTRACT
The World Trade Organization (WTO) was established with the primary function of ensuring the smooth and free flow of trade and services. At the heart of the WTO, is the Dispute Settlement System that ensures that disputes are resolved as soon as possible. This research aims at analyzing the role of the WTO and its Dispute Settlement body in settling trade disputes. This research specifically examines the WTO Dispute Settlement System; identities the objectives of the system...
View DetailsAN ANALYSIS OF THE EFFICACY OF FISCAL LAWS RELATING TO PETROLEUM OPERATIONS IN NIGERIA
ABSTRACT
Petroleum has become the number one resource in the world because of its universality. All other resources are demanded in varying scales, but not petroleum. However the catch is that while demand increases, existing production of this pearl declines. In Nigeria, the problem appears to be a double-edged sword. Declining production and the apparently doubted efficacy, and confused state, of the fiscal laws relating to petroleum operations in the country remain intractable pr...
View DetailsAN ANALYSIS OF THE EFFICACY OF MINORITY PROTECTION UNDER NIGERIAN COMPANY LAW
ABSTRACT
This dissertation entitled „‟An Analysis of the Efficacy of Minority Protection under Nigerian Company Law‟ which analyzed the principle of majority rule vis-à-vis remedies for protection of minorities under Nigerian company law was aimed at ascertaining whether the Nigerian company law had made enough protection for minority shareholders in the face of majority rule, and whether such protection were adequate, realistic, practically realizable and enforceable....
View DetailsAN ANALYSIS OF THE LEGAL FRAMEWORK FOR THE PROMOTION OF FOREIGN DIRECT INVESTMENT IN NIGERIA
ABSTRACT
The legal regimes of protection of investments in Nigeria have over the years suffered not only from a lack of policy drive, but also a sustainable and development driven legal framework. Policy inconsistencies and consequent uncertainty on investment issues in the Nigerian economy has impacted somehow negatively on the psyche of both local and foreign investors who are genuinely desirous of investing in Nigeria. From all indications, the quest for greater economic developm...
View DetailsAN ANALYSIS OF THE REGULATORY LEGAL FRAME WORK FOR FOREIGN INVESTMENT IN NIGERIA: ISSUES AND CHALLENGES
ABSTRACT
What provoked this research is the visibilly wanning national Sovereignty and Jurisdiction of developing Countries to make choice from options in economic, social and cultural policies due to globalization. The need to unravel the challenges the regulatory Legal Frame Work for Foreign investment in Nigeria faces, its impact on our national policies and policy making mechanisms and finding solutions. The methodology employed in this research is the doctrinal research. Primar...
View DetailsAN ANALYSIS OF THE USE OF TESTIMONY AS A MEANS OF PROOF IN NIGERIA
ABSTRACT
It is natural and common in human society to have between individuals a kind of dispute that may probably arise. Islamic Law had laid down and provides the procedures through which such dispute can be judicially determined. Nigerian Courts are enjoined to apply principles and Rules enunciated by Makili School of jurisprudence.
Complete application of Islamic law of Evidence in Nigeria has been limited and most of the texts on Islamic law of Evidence are classical...
View DetailsAN ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE REGULATION OF TRANSPORTATION OF PERSONS AND MERCHANDISE UNDER NIGERIAN MARITIME LAW
ABSTRACT
Maritime transportation operations and services consist of three types of activities: (a) international maritime transport (b) maritime auxiliary services (c) port services. These services and operations require one form of regulation or the other. Overall, these regulations and practices can be classified under two broad headings: (i) regulations related to commercial maritime operations and practices (ii) regulations related to safety and the environment. The regulation o...
View DetailsAN ANALYSIS OF UNITED NATIONS CONVENTIONS ON PREVENTION AND CONTROL OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES: A CASE STUDY OF DOMESTIC IMPLEMENTATION IN NIGERIA.
ABSTRACT
Narcotic drugs and Psychotropic substances are illicit drugs regulated under international law. They are harmful and they cause mental injury to individuals that abuse them. This is mainly because of the dangerous effect of the toxic resin contained in narcotic plants such as opium and cocaine. They are also addictive so much that illicit drug users become very dependent on them. This makes the drugs to be high in deman...
View DetailsAN ANALYSIS OF THE LEGAL RIGHTS OF THE NIGER DELTA STATES IN RELATION TO OWNERSHIP AND CONTROL OF MINERAL RESOURCES UNDER NIGERIAN LAW
ABSTRACT
Natural resources worldwide are a gift of nature and an endowment of comfort that makes the existence of mankind complete. As nature’s priceless gift to man and because nature’s endowment of these resources is without reference to people or nation, the subject of ownership and control is one that has generated a great deal of passion and controversy amongst people and nations. Unfortunately, these resources have been identified as playing key roles in triggering...
View DetailsAN ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE REALIZATION OF THE RIGH TO HEALTH IN NIGERIA
ABSTRACT
Health is an important element of an individual life and also to the individual’s country. A country cannot develop with its citizens sick and dying. A healthy state is a wealthy state. As such, states must provide adequately for the health of its citizens. The research analysed international law and national legal framework that regulate the health system under international law and in Nigeria. It also examined health policies, institutions and other regulatory bodie...
View DetailsAN APPRAISAL OF ADMINISTRATION OF ESTATE OF DECEASED MILITARY PERSONNEL UNDER THE NIGERIAN MILITARY LAW
ABSTACT
The Armed Forces Act (Cap A20) Laws of the federation of Nigeria 2004 is presently the Military Law regulating the Nigerian Armed Forces which consist of the Army, Airforce and Navy. The Act virtually embodied of testate and intestate procedures for the Administration of estate of deceased Military Personnel. This research basically examine the status and duties of Personal Representatives not appointed by a Will of Service Personnel but recognized under the Act (e.g Next- o...
View DetailsAN APPRAISAL OF ALIENATION OF RIGHT OF OCCUPANCY UNDER THE NIGERIAN LAW: ISSUES AND CHALLENGES
ABSTRACT
One of the problems this research discovers is that of conflict of interpretation of the requirement of consent provision as provided under sections 21 and 22 of the Land Use Act. This problem leads to conflicting decisions by the Apex court, the development that always puts the lower courts in dilemma as to which of the decisions of the court to apply in cases relating to alienation of land. Another problem the research discovers is that of non- compliance in that the cumb...
View DetailsAN APPRAISAL OF EMPLOYEES’ COMPENSATION UNDER NIGERIAN LAW
ABSTRACT
Over the years, laws have generally evolved ways and grounds of compensating employees for job-related disabilities and risks, because, in man’s search for food and other necessaries in life, he is constantly exposed to hazards. What provoked this research was the need for an appraisal of the employees’ compensation under Nigerian law. Employees’ Compensation Act 2010 is the present Act governing compensation for job-related risks in Nigeria. This research...
View DetailsAN APPRAISAL OF EMPLOYEES’ COMPENSATION: NIGERIAN EMPLOYEES’ COMPENSATION ACT, 2010 IN PERSPECTIVE
ABSTRACT
Employer and Employee relationship creates mutual duties and responsibilities which are complimentary. This duty is for the Safety and Health of the employee. The Government, on the other hand, has a complimentary role to play in the discharge of this duty, hence the duty now create a tripartite responsibility which is mutual and complimentary. To an Employee; the responsibility is to take care of him/herself and a fellow employee in the course of the employment. The Employ...
View DetailsAN APPRAISAL OF HUMAN RIGHT AND ENVIRONMENTAL DEGRADATION OF OGONI LAND IN NIGERIA
ABSTRACT
The right to healthy environment is closely integrated in the basic concept of human right,
namely the „dignity inherent to all members of the human family„‟ But an environment de predated by pollution and defaced by the destruction of all beauty and variety as in the case of Ogoni land in Nigeria ,is harmful to physical and moral health There is of course an integrals link between the right to healthy environment and other human right in general .oil...
View Details“AN APPRAISAL OF INCOME TAX ENFORCEMENT PROCEDURES UNDER THE NIGERIAN TAX SYSTEM”
ABSTRACT
The imposition, collection and administration of income tax in Nigeria are basically statutory, which had undergone significant reforms with the object of providing solutions to the lingering problems of enforcement procedures. The existing body of literature on taxpayer compliance developed over the years in Nigeria. Nigeria made considerable investment in tax legislative reforms, taxpayer education programs, tax enforcement strategies, and sophisticated system of tax admi...
View DetailsAN APPRAISAL OF LEGAL AND INSTITUTIONAL FRAMEWORK FOR BROADCASTING INDUSTRY IN NIGERIA: A CASE STUDY OF NATIONAL BROADCASTING COMMISSION (NBC)
ABSTRACT
Broadcasting Organisations are not perceived as watch-dogs of the society promoting transparency, accountability and good governance for socio-economic and infrastructural development. Works of Broadcasting Organisations are generally construed in narrow term confining its works to the propagation of government policies and programmes. This problems still prevails despite the need for change that necessitated for paradigm shift in the role of Broadcasting organisation. An o...
View DetailsAN APPRAISAL OF LEGAL AND INSTITUTIONAL FRAMEWORK ON MARITIME LAW IN NIGERIA
ABSTRACT
Nigeria has a land area of 923,768.64 square kilometers, with a coastline of over 823 kilometres and navigable inland waterways of about 4,000 kilometres. These confer on Nigeria great potentials. To what extent these potentials have been tapped for productivity and nation building would be appraised considering the attendant issues and challenges faced by the co-ordinating and regulating bodies. The research discusses the development of maritime industry in Nigeria with fo...
View DetailsAN APPRAISAL OF LEGAL PLURARISM IN THE ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA
ABSTRACT
It is trite beyound any equivocation that the Nigerian society is made up of people with diverse cultures, behaviours and ways of life. When the British came as colonial masters, they understood this and before they departed in October 1960, they devised ways of accommodating the inherent differences in the cultures of the North and South by ultimately creating two distinct Criminal Justice Systems, the Penal and Criminal Procedure Codes System for the North and the Crimina...
View DetailsAN APPRAISAL OF OFFENCES AND PENALTIES UNDER THE NIGERIA INCOME TAX LAWS
ABSTRACT
It is a well known historical fact that all over the world people regard tax payment as something detestable and a form of punishment especially when it has t do with them parting with their hard earned money. From time immemorial tax masters who are seen having no concern for the welfare at the society forced people to pay taxes. It is because of this hostile regard of taxation that today, tax payers have devised more legitimate means to perpetrate tax offences as it relat...
View DetailsAN APPRAISAL OF LIABILITY REGIME FOR REDRESS AND COMPENSATION FOR VICTIMS OF AIRCRAFT ACCIDENTS IN NIGERIA
ABSTRACT
This reach work “entitled the liability Regime for Redress and Compensation for victims of aircraft Accidents in Nigeria.” Revealed that aircraft accident is a recurrent decimal world over, and in particular, plane crashes result in a number of casualties, affecting both passengers and other non-passenger victims, hence the problems of who is a victim, when does a passenger embark or disembark an aircraft for the purpose of been compensated within the legal regi...
View DetailsAN APPRAISAL OF THE APPLICATION OF CORPORATE GOVERNANCE PRINCIPLES OF COMPOSITION, DUTIES AND DISCLOSURE REQUIREMENTS OF DIRECTORS UNDER NIGERIAN LAW
ABSTRACT
Corporate organizations are engine of growth and development. They contribute to economic and social development of individuals, society and the nation in general as they produce goods and render services that improve the social and economic life of the people. In carrying out their businesses, they provide investment opportunities to the public and other social responsibility projects as well as contribute to national gross domestic product. Based on the above factors the...
View DetailsAN APPRAISAL OF RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS BY THE INTERNATIONAL CENTER FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID) IN NIGERIA
ABSTRACT
Nigeria is in a continuous quest to attract foreign direct investment (FDI) in order to support and sustain a decent economic growth. These foreign investors being invited are as much interested in the methods available for dispute resolution as they are in every available guarantee on their investments. This dissertation appraises the recognition and enforcement of the International Centre for the Settlement of Investment Disputes (ICSID) Arbitral Awards in Nigeria. The di...
View DetailsAN APPRAISAL OF MORTGAGE OF LANDED PROPERTY AS SECURITY FOR LOAN FROM BANKS IN NIGERIA
ABSTRACT
This dissertation aimed at examining the problems associated with mortgage transactions in Nigeria which has created a lacuna in using Landed Property as security for loan. Land being one of the most important security for capital investment business and agriculture because of it’s acceptability is used to raise loans and advance from banks. The sources of information relied upon here are, related text materials, Judicial authorities, Statutes, Journals and Conference...
View DetailsAN APPRAISAL OF THE APPLICATION OF THE LAW RELATING TO DOMICILE IN NIGERIA
ABSTRACT
This research project entitled ‘AN APPRAISAL OF THE APPLICATION OF THE LAW RELATING TO DOMICILE IN NIGERIA’, is aimed at examining the legal framework of the law relating to the concept of Domicile in Nigeria. However, in the course of this research, the finding of the researcher is that there is a gaping hole in the application of the rules of Domicile especially that of Domicile of Choice in inter- state situation like Nigeria. For instance, according to the t...
View DetailsAN APPRAISAL OF THE APPLICATION OF PLEA BARGAINING PROCEDURE IN NIGERIAN CRIMINAL JUSTICE SYSTEM
ABSTRACT
This project titled”An Appraisal of the Application of Plea Bargaining Procedure in Nigerian Criminal Justice System” is aimed at ascertaining the applicability of the concept of plea bargain in the penal system being that it is a novel phenomenon in the general Criminal Justice System despite the fact it is holding sway in some developed criminal justice jurisdictions like the United States of America for example. The visible application of the concept into the...
View DetailsAN APPRAISAL OF TAXATION AND ITS LEGAL EFFECTS ON FOREIGN DIRECT INVESTMENT IN NIGERIA
ABSTRACT
Principles of taxation, especially international taxation, are one of the instruments through which Foreign Direct Investment, (FDI), is usually attracted to a country. These principles are invariably contained in bilateral or multilateral tax treaties signed between the host countries and the investor countries. The issue for consideration is whether tax treaties between Nigeria and other countries have achieved their desired objectives of attracting foreign direct investm...
View DetailsAN APPRAISAL OF THE APPLICATION OF THE PUNISHMENT OF THE CRIME OF ZINA IN NIGERIA
1.0General Introduction
Since the beginning of history, Zina has always been seen as an evil. There is complete unanimity of views among all social systems namely Roman, Indian, Greek, Jewish, Egyptian that the act is religiously sinful, morally wicked, socially evil. Social systems around the world have always considered illegal intercourse between a man and a woman as a serious crime and have prescribed serious punishment for it.1
The first common lapse was the distincti...
View DetailsAN APPRAISAL OF THE CONCEPT AND PRACTICE OF EXTRADITION UNDER INTERNATIONAL LAW
ABSTRACT
Customary international law and treaties have evolved over the centuries by the willing and active commitments of nations to subdue criminals tendencies by punishing fugitive offenders who attempt to escape from justice by seeking refuge in another nations. Extradition has been adopted to effectively prosecute fugitive offenders without offending the sovereignty of a sister state, and without compromising the doctrine of inviolability under international law. One of the pro...
View DetailsAN APPRAISAL OF THE ASCERTAINMENT OF APPLICABLE LAW OF TORTS IN CONFLICT OF LAWS
ABSTRACT
This thesis entitled, “An Appraisal of the Ascertainment of Applicable Law of Torts in Conflict of Laws” aimed at ascertaining the applicable law of torts in conflict of laws situation in Nigeria by examining various rules that have been perfected to take care of such processes based on choice of law approach, among the various rules. Traditionally, most of the rules governing the ascertainment of applicable law of tort in conflict of laws were more theoretical...
View DetailsAN APPRAISAL OF THE CONCEPT AND SCOPE OF AGENCY RELATIONSHIP UNDER THE NIGERIAN COMMERCIAL LAW
ABSTRACT
Agency relationship from its origin, presents situation where a person (principal) is bound by the acts of another (the agent) and he (the principal) takes the rights and obligations arising out of such relationship is therefore, an exception of the doctrine of privity of contract which generally disentitles a person from acquiring any right or obligation arising from any contract to which he is not a party. Agency relationship arises when a person is vested with authority...
View DetailsAN APPRAISAL OF THE ASCERTAINMENT OF APPLICABLE LAW OF TORTS IN CONFLICT OF LAWS
ABSTRACT
This thesis entitled, “An Appraisal of the Ascertainment of Applicable Law of Torts in Conflict of Laws” aimed at ascertaining the applicable law of torts in conflict of laws situation in Nigeria by examining various rules that have been perfected to take care of such processes based on choice of law approach, among the various rules. Traditionally, most of the rules governing the ascertainment of applicable law of tort in conflict of laws were more theoretical...
View DetailsAN APPRAISAL OF THE CRIME OF GENOCIDE IN INTERNATIONAL LAW: A CASE STUDY OF ITS APPLICABILITY TO SOME INCIDENCES IN NIGERIA
ABSTRACT
This dissertation entitled: „An Appraisal of the Crime of Genocide in International Law: A Case Study of Its Applicability to Some Incidences in Nigeria‟, explored the crime of genocide in international law, with particular focus on some Nigerian crises. Consequently, the dissertation from a general perspective is aimed at examining the problem of conceptualization of genocide as a crime in international law, with a critical insight on its definitive inadequacies, seg...
View DetailsAN APPRAISAL OF THE DEVELOPMENT OF LEGAL FOUNDATION ON THE CONCEPT OF CRIMES AGAINST HUMANITY IN INTERNATIONAL LAW
ABSTRACT
This dissertation entitled “An Appraisal of the Development of Legal Foundation on the Concept of Crimes against Humanity in International Law” aimed at examining the various constitutive legal instruments on the field of crimes against humanity in international law vis-à-vis the obligation of states to take practical measures to endure respect for the performance of such obligations under the various constitutive legal instruments. However, the justifica...
View DetailsAN APPRAISAL OF THE CONCEPT OF ANIMALS PROTECTION AND ITS APPLICATION UNDER STATUTORY AND ISLAMIC LAWS IN NIGERIA: A CASE STUDY OF SOKOTO AND ZAMFARA STATES
ABSTRACT
Generally, human beings relate and deal with animals in many instances. However, in the course of dealing or relating with animals, human beings take undue advantage of animals thereby subjecting them to abuses, and needles exploitations Thus, cruelty and maltreatment of animals are common practices in various local communities, particularly in underdeveloped countries like Nigeria. Hitherto, the concept of animal protection was developed out of empathy for the plight of an...
View DetailsAN APPRAISAL OF THE DEVELOPMENT OF THE TORT OF NEGLIGENCE IN NIGERIA.
ABSTRACT
It has been established that the development of the Tort of negligence has been gradual. The tort of negligence in its formative stage was treated merely as a mode of committing other torts and not as an independent tort itself. it was increase in population, increase in mechanization and industrialization of society and consequent multiplication of personal injury caused by negligence; have all led to the idea of negligence as a separate tort. The law of tort like those ot...
View DetailsAN APPRAISAL OF THE DOCTRINE OF HAUZI IN ISLAMIC LAW
ABSTRACT
Hauzi is deemed as a principle that gives title to a holder of property for long period enjoying its benefit in his capacity as the owner. It is among the lawful means of acquiring ownership of property recognised by Islamic law. This research work An Appraisal of the doctrine of Hauzi in Islamic law is designed to examine the practice of Hauzi in the light of Maliki School of law in Sharia Courts. Some individual(s) are not fully aware of Hauzi. Also it seems that there ar...
View DetailsAN APPRAISAL OF THE DOCTRINE OF NON-INTERVENTION IN INTERNATIONAL LAW
ABSTRACTS
Under the Charter of the United Nations, intervention is absolutely prohibited in matters that are purely domestic to states. However, notwithstanding this general rule of non-intervention, there are happenings that though purely internal to states, have the capability to threaten international peace and security. The United Nations Charter has recognized these happening as worthy justification for intervention. Examples are self defence and authorization by the UN Securit...
View DetailsAN APPRAISAL OF THE ECOWAS LEGAL REGIME ON PROLIFERATION AND MISUSE OF SMALL ARMS AND LIGHT WEAPONS: A CASE STUDY OF NIGERIA
ABSTRACT
This dissertation examines the Proliferation and Misuse of Small Arms and Light Weapons under the ECOWAS Legal regime taking Nigeria as a case study. The objective of this dissertation it to find out why small arms and light weapons have continued to proliferate in Nigeria despite being a signatory to the ECOWAS Legal Regime, in this case, the ECOWAS Convention on Small Arms and Light Weapons and Other Related Materials. Using Doctrinal Methodology, the dissertation shows t...
View DetailsAN APPRAISAL OF THE EFFICACY OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR COMBATING CYBERCRIMES IN NIGERIA
ABSTRACT
Advances in Artificial Intelligence are credited to have given the world computers that can defeat people at chess as well as drive cars and manage calendars. However, despite the progress made, scientists are still unable to develop machines that are capable of replacing human beings. Cyberspace, credited to be network of interdependent information technology, infrastructures, telecommunication networks and computer processing system, have provided new opportunities for ne...
View DetailsAN APPRAISAL OF THE DOCTRINE AND PRACTICE OF SELF-DEFENCE IN INTERNATIONAL LAW
ABSTRACT
This dissertation employs the doctrinal method of research to appraise the doctrine of Self defence as one of the fundamental principles of International law, and as one of the exceptions to the prohibition on the use of force. To this end, this dissertation centers on Article 51 of the United Nations Charter which provides for the right of self defence in International law. The dissertation contends that the provisions of Article 51 have generated some controversies among...
View DetailsAN APPRAISAL OF THE ENFORCEMENT OF HUMAN RIGHTS UNDER THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES 2009 IN NIGERIA
ABSTRACT
The Constitution of the Federal Republic of Nigeria 1999 chose certain rights to protect under chapter IV and termed them as Fundamental Rights. These rights are chosen to be protected not only by the Constitution, but also by the African Charter on Human and Peoples „Right. Whenever there are breaches of these fundamental rights, the law provides a procedure for their enforcement, which is the Fundamental Rights (Enforcement Procedure) Rules 2009. The basic objective...
View DetailsAN APPRAISAL OF THE IMPAC T OF GENDER EQUALIT Y ON WOME N’ S RIGHT TO WORK OUTSID E MATRI M ONI AL HOME IN ISLAM IC LAW
ABSTRACT
This study entitled: “An Appraisal of the Impact of Gender Equality on Women’s Rights to Work in Islamic Law” has examined the Islamic perspective on gender equality and it is argued that Islamic law has elevated women and gives them a very dignified position, and the western call of women’s liberation is actually a misrepresentation of the true nature of women, and in fact it is a disguised form of exploitation of the women’s body, deprivation...
View DetailsAN APPRAISAL OF THE IMPACT OF PRINCIPLES OF UTMOST GOOD FAITH IN THE PROMPT SETTLEMENT OF INSURANANCE CLAIMS IN NIGERIA
ABSTRACT
One of the most important principles of the contract of insurance is the utmost good faith in which one of the parties to the contract, the insured, is expected to disclose every material facts at his disposal to the insurer at the commencement of the insurance contract in order not to void the contract abinitio. The failur e on t h e part of t h e i nsured not t o dis c l ose or t o m ake misrepresentation will automatically void the contract abinitio or to exclude the oth...
View DetailsAN APPRAISAL OF THE JURISDICTION AND POWERS OF THE NATIONAL INDUSTRIAL COURT OF NIGERIA
ABSTRACT
Generally, jurisdiction is a term of comprehensive import embracing every kind of judicial action. The fundamental nature of jurisdiction of any court is crucial to any adjudicatory process without which anything done will amount to an exercise in futility. It is so important that it can even be raised for the first time before the Supreme Court of Nigeria as a final court of the land. Thus, there is the need for prospective litigants to know the appropriate court to approa...
View DetailsAN APPRAISAL OF THE LAW AND PRACTICE OF CORPORATE GOVERNANCE IN THE NIGERIAN BANKING SECTOR
ABSTRACT
Corporate governance is a principled-based system by which corporations are organised and managed. It is made up of rules and regulations and ordered by a sound system of internal and external control. It exists for the benefit of all stakeholders. The principal role of corporate governance is to stem corporate maladministration and procure that companies are properly managed and directed. The prevalence of codes across jurisdictions justifies this proposition.But despite t...
View DetailsAN APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR MORTGAGE FINANCING IN NIGERIA
\ABSTRACT
Housing is one of the priorities of man‟s needs. In African setting, owning a house mean that a person has graduated group of household, a status which characterized self- autonomy, manhood, some level of independence and capability to bring other relations who want to live there to do so. Owning a house is a dream for all. In the past, it was relatively easy to own a house because the cost was not much, coupled with some community assistance which has made building a hous...
View DetailsAN APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR REGULATING THE IMPACTS OF MINING OF MINERALS ON THE ENVIRONMENT IN NIGERIA
ABSTRACT
Mining of solid minerals is one of the world‟s important industries. Nigeria is blessed with about 44 solid minerals spread over the six geo-political zones of the country where mining activities occur. No matter the type of technology used, environmental degradation is a natural consequence of mining of solid minerals. While mining of solid minerals is important for economic growth and development it has deleterious consequences or impacts on the environment. The need to s...
View DetailsAN APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE PROHIBITION OF TRAFFIC IN PERSONS IN NIGERIA
ABSTRACT
The battle against human trafficking in Nigeria is enormous and a number of measures have been employed in ensuring that the progress in the said criminal act is brought to an end. The said criminal act had affected the liberty of many individuals as victims. Liberty as a fundamental right is an important element of an individual’s life as everything and inspiring are fashioned by persons who can labour in freedom. Hence, a human trafficking free country is a wealthy...
View DetailsAN APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR WASTE MANAGEMENT IN KANO STATE
ABSTRACT
Waste is the greatest danger facing mankind today therefore measures must be nationally and internationally taken to control disposal of such waste to save and provide a safer, sound and good environment. Due to the damaging effect of waste to both human beings and environment, legal machinery needs to be put in place to cater for the environment. Constitutionally the issue of making laws to cater for legal and institutional framework for waste management in Nigeria falls w...
View DetailsAN APPRAISAL OF THE LEGAL FRAMEWORK FOR COMBATING CYBERCRIME IN INTERNATIONAL LAW
ABSTRACT
The current wave of globalization and technological revolution has tremendous effect on the way people interact, carry out business transactions and store information. The internet has a vital role to play in all these. Though there are numerous advantages associated with the internet today as it has made interaction, business transactions and transfer of data easy, cybercrimes which are criminal acts carried out through the internet or through computer devices are serious...
View DetailsAN APPRAISAL OF THE LEGAL FRAMEWORK FOR COMBATING TERRORISM IN NIGERIA
ABSTRACT
Terrorism has been a scourge both to the government and the people of Nigeria. The human and material loss recorded in recent past is enormous and has been a source of worry to all. The sources of information relied here are relevant text materials, statutes (including international instruments), judicial authorities, articles in journal publications and internet materials. The problem of this research work, therefore, is how to bring terrorism to an end in Nigeria.In view...
View DetailsAN APPRAISAL OF THE LEGAL FRAMEWORK FOR DISPUTE RESOLUTION IN THE NIGERIAN CAPITAL MARKET
ABSTRACT
The capital market is the long arm of the financial market through which resources in the form of savings are pooled and channeled to the production of goods and services. Disputes often arise in capital market transactions, which must be resolved speedily, fairly and efficiently in the interest of stability of the market. Notwithstanding the various processes for dispute resolution in the Nigerian capital market, the jurisdiction to adjudicate over capital market disputes...
View DetailsAN APPRAISAL OF THE LEGAL FRAMEWORK FOR INTERNATIONAL ENVIRONMENTAL PROTECTION UNDER THE LAW OF ARMED CONFLICT
Abstract
The effect of war has far gone beyond human suffering. Armed conflict has devastating effect on the environment. It is on record that some battlefields of the World War I and II are still unfit for human habitation and cultivation. Consequently, environmental law of war exists to provide protection to the environment during armed conflicts. This thesis examines the adequacy or otherwise of the legal framework for the protection of the environment during war time. It equally...
View DetailsAN APPRAISAL OF THE LEGAL FRAMEWORK FOR THE ENFORCEMENT OF ENVIRONMENTAL LAWS IN NIGERIA
ABSTRACT
The development of environmental management and sustainable development is borne out of the recognition that the environment is important and therefore human activities need to be guided strictly by enabling legal regimes so as to ensure environmental continuity for future generation. This general concern prompted the interest of the researcher in this area. The statement of the problem of this dissertation is borne out of the fact that management and protection of the envi...
View DetailsAN APPRAISAL OF THE LEGAL FRAMEWORK FOR THE PRIVATIZATION AND REFORM PROGRAMME FOR THE ENERGY SECTOR IN NIGERIA
ABSTRACT
This Research Study titled: “AN APPRAISAL OF THE LEGAL FRAMEWORK FOR THE PRIVATIZATION AND REFORM PROGRAMME
FOR THE ENERGY SECTOR IN NIGERIA” was chosen after a careful review of the process and nature of the legal framework put in place in some relevant Nigeria legislations such as the Public Enterprises (Privatization and Commercialization Act) Laws of the Federation of Nigeria (LFN) 2004 (being the governing law on privatization of public enterprise...
View DetailsAN APPRAISAL OF THE LEGAL FRAMEWORK FOR THE TAXATION OF COMPANIES INCOME IN NIGERIA
ABSTRACT
The current wave of globalization and technological revolution has had a tremendous effect on companies‟ income tax in Nigeria. For instance, the e-commerce which is a relatively new technology epitomizes boundary, whereas the companies income tax law upholds the concepts of residence, fixed base and permanent establishment. Nigerian tax administration is ill-equipped to cope with these emerging tax problems. The old standard of corporation tax, the manual assessment and en...
View DetailsAN APPRAISAL OF THE LEGAL FRAMEWORK FOR THE REGULATION OF UNIFORM PRICING OF PETROLEUM PRODUCTS IN NIGERIA
ABSTRACT
This thesis examined why the prices of petroleum products continues to be priced differently in Nigeria despite the existence of uniform pricing law on petroleum products. The study also examined the principle of deregulation of downstream petroleum sector in Nigeria in order to posit the key argument of how the policy affects economic activities in Nigeria. Arising from this, the study pay attention to the introduction of uniform pricing law from 1973 and the application o...
View DetailsAN APPRAISAL OF THE LEGAL FRAMEWORK OF THE NATIONAL EMERGENCY MANAGEMENT AGENCY (NEMA) IN THE PROTECTION AND ASSISTANCE OF INTERNALLY DISPLACED PERSONS (IDPs) IN NIGERIA
ABSTRACT
This thesis entitled: “An Appraisal of the Legal Framework of the National Emergency Management Agency (NEMA) in the Protection and Assistance of Internally Displaced Persons (IDPs) in Nigeria” is aimed at examining the constitutive legal instruments guiding the National Emergency Management Agency in the protection and assistance of Internally Displaced Persons in Nigeria, through the study of other constitutive International instruments and standards on this s...
View DetailsAN APPRAISAL OF THE LEGAL FRAMEWORK ON CONSERVATION AND MANAGEMENT OF BIODIVERSITY RESOURCES IN NIGERIA
ABSTRACT
Biological diversity-the variety within and among species and ecosystem is essential for our planet, human wellbeing, livelihood and cultural integrity of the people. Nigeria is known for its abundance of biodiversity resources endowment, it is the second largest wetland in the world with mangrove swamps, fertile alluvial plain, rich in fauna and flora specie diversities. The country‘s biodiversity is undeniably an asset of high value to present and future generation...
View DetailsAN APPRAISAL OF THE LEGAL REGIME FOR THE PROTECTION OF CIVILIANS AND CIVILIAN OBJECTS IN ARMED CONFLICTS
ABSTRACT
Conflicts are inevitable in our society today. Modern armed conflicts have civilians as majority of casualties despite of course, the presence of the rules of IHL seeking to protect them from the savages of war. This is because of the changing trend in warfare whereby the theatre of violence is moving closer to the people. Yet they are always the overwhelming majority of victims. Civilians and civilian objects are always vulnerable which this research seeks to address. It a...
View DetailsAN APPRAISAL OF THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE UNDER INTERNATIONAL LAW
ABSTRACT
This thesis aimed at studying the roles played by the international community in the prevention and punishment of the crime of genocide under international law. In other words the research work deals with the roles of the international criminal tribunal/ courts in the prevention and punishment of the crime of genocide under international law. The justification of this research work arose out of the need to confront Genocidal crimes of recent times and also the ones committe...
View DetailsAN APPRAISAL OF THE PRINCIPLES OF GIFT (HIBAH) IN ISLAMIC LAW AND ITS APPLICATION IN KADUNA, KANO AND KEBBI STATES
ABSTRACT
Gift is a concept which every individual is engaged in willingly or unwillingly, either as a donor or recipient which has become part of the daily transactions of the society. The nature of gift has been conceived by scholars from different perspective creating divergence of opinion and application of these principles. The work is aimed at examining the comprehensiveness of the principles of Islamic Law relating to gift vis-à- vis the opinion of the four schools of t...
View DetailsAN APPRAISAL OF THE PRIVATISATION AND COMMERCIALISATION LAW AND POLICY IN NIGERIA
ABSTRACT
A global trend has emerged aimed at reducing government’s involvement and attracting private partnership in the economy. This global trend came about through the process of privatisation or both privatisation and commercialisation of government owned enterprises. The reasons offered for this economic policy vary from country to country. In Nigeria, as part of its programmes of National Economic Reforms, the Federal Government introduced privatisation along with commer...
View DetailsAN APPRAISAL OF THE PROBLEMS AND PROSPECTS OF CAPITAL GAINS TAX ACT, 2004 IN NIGERIA
ABSTRACT
The Capital Gains Tax was introduced into Nigeria by the Capital Gains Tax Decree (Decree No. 44) in 1967. The decree was enacted on 19th October, 1967 but retrospectively took effect from 1st April, 1967. It came into being two years after the Capital Gains Tax Law of United Kingdom (Finance Act, 1965). The Decree (Now Capital Gains Tax Act, Cap. C1, L.F.N, 2004) deals with the taxation of capital gains arising out of the disposal of capital assets. This research entitled...
View DetailsAN APPRAISAL OF THE PROTECTION OF THE RIGHTS OF A CHILD IN NIGER STATE
ABSTRACT
There are various legislations under the Nigerian legal system that seeks to protect the rights of the child. Majorly, the 1999 Constitution of the Federal Republic of Nigeria provided for human rights, Nigerian Children’s Trust Fund Act, Penal Code, Criminal Code, Children and Young Persons Act, Child Rights Act, which all have provisions for the protection of a child. The guiding principle on the issue of child protection is in the best interest of the child, the Ch...
View DetailsAN APPRAISAL OF THE ROLE OF ECOWAS COURT OF JUSTICE AND THE SOUTHERN AFRICAN DEVELOPMENT (SADC) TRIBUNAL IN THE PROTECTION OF HUMAN RIGHTS
ABSTRACT
The concept of Human Rights is a very fundamental subject in international law. Human Rights aim at promoting and protecting humanity through the courts. The ECOWAS community court of justice and the southern African Development community tribunal play a very important role in the area of promoting and protecting Human rights in their respective regions. The aim of this dissertation is to appraise the role of ECOWAS community court of justice and the southern African Develo...
View DetailsAN APPRAISAL OF THE ROLE OF CORPORATE AFFAIRS COMMISSION AS A REGULATORY BODY UNDER NIGERIAN COMPANY LAW
ABSTRACT
The importance of an effective regulatory body in a growing economy cannot be overemphasized. Hence the need for the Corporate Affairs Commission to function as such is a sine-qua-non to the provision of good legal principles that must be adhered to and effectively enforced in corporate governance. This research work, therefore covers the historical development of the Company and Allied Matter Act, its roles/functions and how it enforces the provisions of the Act. It also p...
View DetailsAN APPRAISAL OF THE RIGHTS OF PROTECTED PERSONS IN ARMED CONFLICT SITUATIONIN INTERNATIONAL HUMANITARIAN LAW
ABSTRACT
This dissertation aimed at appraisingthe current legal regime on the rights of protected persons during armed conflict situation in International Law. In other words, this dissertation discussed the legal instruments dealing with the protection of the rights of protected persons in armed conflict situation, namely the Four Geneva Conventions of 1949 and its Additional Protocol 1 of 1977; and the protection of the human rights of such persons in general terms. On this note,...
View DetailsAN APPRAISAL OF THE ROLE OF ECOWAS COURT OF JUSTICE IN THE PROTECTION OF HUMAN RIGHTS UNDER THE ECOWAS TREATY
ABSTRACT
This study examined the role of the ECOWAS Community Court of Justice (ECCJ) in the protection of human rights in the West African sub-region specifically, under the ECOWAS Treaties of 1975 and the Revised Treaty of 1993.
The research focused on the ECOWAS treaties, Conventions and Protocols. However, references were made to similar international, regional and national treaties, conventions and protocols such as the United Nations Charter on Human Rights, European...
View DetailsAN APPRAISAL OF THE REQUIREMENTS OF PROOF IN THE HEARING AND DETERMINATION OF ELECTION PETITION IN NIGERIA
ABSTRACT
Election petition is the only viable and recognized alternative open to any person or party dissatisfied with the conduct of an election under our laws to ventilate his or her grievance(s). Over the years litigants/petitioners have continued to patronize the election petition tribunals/courts with minimal or no success as most of the petitions ended up being thrown out for noncompliance with the applicable electoral legislation or want of proof. What provoked this research...
View DetailsAN ASSESSMENT OF CONSUMER RIGHTS IN NIGERIA: A CASE STUDY OF THE SACHET WATER INDUSTRY
ABSTRACT
The indispensability of safe drinking water to man cannot be over-emphasized. This research has traversed the allowable length and breadth of the applicable laws, regulations, as well as international and national policy frameworks on safe drinking water. It has also examined cases and legal principles that should be applied to instances where consumers’ rights to safe drinking water, especially sachet water arise. However, acceptable and affordable as the innovation...
View DetailsAN APPRAISAL ON THE RIGHT OF THE CHILD TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION UNDER NIGERIAN LAWS
ABSTRACT
This study has examined the intricacies involved with respect to child’s rights to freedom of thought, conscience and religion under Nigerian laws. It has been argued that the right to freedom of thought, conscience and religion entails the liberty of conscience accorded to the individual to have or adopt any religion or belief including the right to change one’s religion or belief as well as the freedom to manifest one’s religious belief in teaching, obse...
View DetailsAN APPRAISAL OF THE ROLE OF TRADE UNIONISM UNDER NIGERIAN LAW: A CASE STUDY OF THE NIGERIA LABOUR CONGRESS
ABSTRACT
The writer was motivated to write on the subject of unionism with reference to the Nigeria Labour Congress owing to criticisms labeled by Nigeria on the role played by the congress. The writer’s desire of changing this negative perspective of the role of unionism became the motivation for the work. Trade unions are not perceived as a potent pressure group interested in championing the rule of law, good governance and enthronement of democratic ideals for the bettermen...
View DetailsAN APPRAISAL OF THE TORTIOUS LIABILITY OF TRADE UNIONS IN NIGERIA
ABSTRACT
This Dissertation aims at appraising the Tortious Liability of Trade Unions in Nigeria in relation to the existing laws such as Trade Union Act, 2005 and Trade Dispute Act, 2005. The research methodology here is Doctrinal Methodology, which involves the use of relevant books, articles, journal, publication, conference papers, and judicial authorities. The statement of the problem is whether or not the law has adequately afforded trade union immunity against civil persecutio...
View DetailsAN APPRAISAL OF WOMEN’S RIGHT TO PROPERTY UNDER CUSTOMARY LAW: A CASE STUDY OF WOMEN RIGHTS IN SOUTHERN KADUNA STATE
ABSTRACT
In most tribes in the Southern part of Kaduna State, when a person dies, his property is been distributed among family members and the women are often left with no assets. This is because, traditionally, it is deemed that women are not entitled to right of inheritance of land or landed property, particularly property of their male parents or husbands. The courts did not help matters in the past as these customary practices might be seen to have enjoyed judicial favour in th...
View DetailsAN APPRAISAL OF TRADE DISPUTES SETTLEMENT MECHANISMS IN NIGERIA
ABSTRACT
In Nigeria, in spite of the statutory mechanisms put in place to mitigate disputes, the phenomenon has been on the increase and on a consistent basis. The statutory dispute settlement procedure has not fostered industrial harmony to a large extent. Consequently, how to achieve effective settlement of trade disputes has, over the years, posed great challenges to industrial relations in Nigeria. The objective of this dissertation therefore is to appraise the effectiveness of...
View DetailsAN ASSESSMENT OF LIABILITIES OF OIL PRODUCING COMPANIES FOR OIL SPILLAGE IN NIGERIA
ABSTRACT
This project set out to examine the compensation of oil spill victims in the Nigerian oil industry. The compensation of these victims has become clumsy and dark in the wake of oil bunkering, pipeline vandalism, sabotage, since in the past, oil spill was as a result of the activities of the oil companies or operators. The object is to discuss who is responsible for payments of compensation to oil spill victims who are entangled in a political system that lacks legislative an...
View DetailsAN ASSESSMENT OF TALAQ AND ITS CONSEQUENCES IN ISLAMIC LAW: KANO STATE AS A CASE STUDY
ABSTRACT
The right of divorce (talaq) is vested in the husband by Islamic law to terminate a marriage that fails to achieve its objectives, in order to protect the couples from the possible evil that may result from the failure of marriage. However, in the case of this research, the finding of the writer is that this right of divorce has turned to a tool, for the destruction of family institution as a result of the abuse in its use by some Muslim husbands especially in Kano State. D...
View DetailsAN ASSESSMENT OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE PREVENTION AND MITIGATION OF ETHNO- RELIGIOUS CONFLICTS IN NIGERIA
ABSTRACT
In its 50 year history as an independent nation, Nigeria has experienced over two hundred recorded violent ethno-religious disturbances. The first major ethno-religious disturbance exploded in 1966 as a direct result of political crisis in one of the regions that spiraled out of hand and led to the fall of the federal government. A civil war ensued which threatened the corporate existence of Nigeria. After the civil war, a decade of relative peace followed in the 1970s. Eth...
View DetailsAN ASSESSMENT OF THE OBJECTIVES OF ISLAMIC LAW (MAQASID AL-SHARI’AH) IN THE PRESERVATION OF THE FIVE ESSENTIAL VALUES (NECESSITIES) (MAQASID AL-SHARI’AH)
ABSTRACT
It is undisputable fact that nowadays, the Muslim world in particular has realized the dire need to write, translate and produce many books and articles on the topic of maqasid due to its importance in addressing and solving modern issues challenging the Muslim Ummah. It is in this regard that this topic entitled “Assessment of the Objectives of Islamic Law {Maqasid Al-Shari’ah} in the Preservation of the five Essential Values” was chosen. This research to...
View DetailsAN ASSESSMENTOF THE IMPACT OF COUNTER TERRORISM ON NON DEROGABLE RIGHTS UNDER INTERNATIONAL LAW
ABSTRACT
International Human Rights Law provides adequate safeguard and protection against Human Rights violation even in times of Public Emergency which threatens the life of a nation such as when a state faces the threat of continuous terrorist attack. On the other hand, the problem of terrorism which has gained notoriety since after the 9/11 attacks in America has impacted heavily on international law, particularly international Human Rights Law. This research thus addresses a fe...
View DetailsAN EVALUATION OF THE OPERATION OF NON-INTEREST BANKING UNDER THE EXISTING LEGAL FRAMEWORK IN NIGERIA
ABSTRACT
This Dissertation aimed at evaluating the Operation of Non-Interest Banking Under the Existing Legal Framework in Nigeria. The work has evaluated the regulatory powers of Central Bank of Nigeria in designating products of Islamic Commercial Jurisprudence as banking business in Nigeria. In exercising those powers, the Governor of Central Bank of Nigeria issued Circular on Framework for the Regulation and Supervision of Institutions Offering Non-Interest Financial Services in...
View DetailsAN EVALUATION OF THE RULES OF PRACTICE AND PROCEDURE OF TAX APPEALTRIBUNAL IN NIGERIA
ABSTRACT
The role of tax as a major source of income for government cannot be overemphasized. The imposition, collection and administration of tax are matters which are within the exclusive domain of positive law. Not a kobo would be levied on any citizen unless there is a clear Statute that provides for such a levy. The courts have also construed taxing statutes strictly allowing no room for any intention or assumptions. These factors have made tax disputes between the tax authorit...
View DetailsAN EVALUATION OF THE SIGNIFICANCE OF THE VALUE ADDED TAX ACT IN REVENUE GENERATION IN NIGERIA
ABSTRACT
This research work aims at evaluating the role and significance of the Value Added Tax (VAT) Act in Revenue Generation in Nigeria. This examines the role played by the Value Added Tax as one of the source of government‟s revenue. It also assesses the fact whether it has achieved the essence of its introduction. In this research doctrinal method of research was adopted in discussing the subject matter. This work delved into the legal framework of value added tax in Nigeria....
View DetailsAN EXAMINATION OF ADMINISTRATIVE CHALLENGES INHIBITING THE DISTRIBUTION OF PETROLEUM PRODUCTS UNDER THE PETROLEUM PROFIT TAX LAWS OF NIGERIA
ABSTRACT
The aim of this paper is to examine the ownership, the legal framework as well as the basic components of the petroleum profits which components are revenue, adjusted profits, assessable profit, chargeable profit, assessable tax and chargeable tax.In Nigeria, the petroleum industry is the bedrock of the economy and is responsible for about 90 percent of her total revenue. Her other sources of revenue include, inter alia, agriculture, solid minerals, goods and services and m...
View DetailsAN EXAMINATION OF CABOTAGE LAWS AND IMPLICATIONS FOR NIGERIAN MARITIME INDUSTRY
ABSTRACT
The Coastal and Inland Shipping (Cabotage) Act1 was enacted on 30th April 2003 to reform maritime business within the coast of Nigerian. With its coastline measuring over 800kilometers and a wealth of natural resources including rich hydrocarbon deposits, zinc and iron ore, Nigeria has numerous global trade opportunities2. I have always been intrigued by the Maritime Sector of the Nigerian economy, particularly Cabotage and its activities and this prompted my choosing a dis...
View DetailsAN EXAMINATION OF EMERGING LEGAL CHALLENGES IN NIGERIAN TELECOMMUNICATIONS LAW
ABSTRACT
This dissertation seeks to examine the legal framework for the regulation of telecommunications in Nigeria and highlight the various emerging issues and legal challenge therefrom. With the liberalization of the telecommunications sector and the emergence of the Global System for Mobile Communications (GSM) in commercial quantity, the Nigerian telecommunications tempo has changed drastically, with licenses granted to private operators, thus breaking the monopolistic status o...
View DetailsAN EXAMINATION OF INTERNATIONAL TRADE AGREEMENTS: ISSUES AND CHALLENGES FOR NIGERIA
ABSTRACT
The WTO and its predecessor GATT have formed rules and discipline for ensuring multilateral trade among nations. Its overriding objective is to ensure that trade flows smoothly, freely, fairly and predictably. At the heart of the system are the WTO’s Agreements which are the legal rules for international commerce. This appears to be the greatest supranational, international economic institutional structure established to promote international trade and globalization....
View DetailsAN EXAMINATION OF INVESTORS’ PROTECTION UNDER NIGERIAN LAW
ABSTRACT
A company has over time proven to be a very viable form of business, the company has grown tremendously in size and number of shareholders base making it necessary that a few people be selected to manage the company on behalf of the investors since all of them Laws are put in place to put a check on these managers to prevent corporate abuse and ensure that the company is managed with due care and skill to the benefit of the investors. This research has shown that the govern...
View DetailsAN EXAMINATION OF TAX ADMINISTRATION AND ENFORCEMENT MECHANISMS UNDER THE FEDERAL INLAND REVENUE SERVICE ACT, 2007
ABSTRACT
From the inception of modern taxation in Nigeria in the first decade of the 20th century the problem of poor tax administration has been the cankerworms that militate against an optimum revenue generation which affect negatively the government ability to render essential services to the citizenry. With the above problems in mind, various reforms were initiated aimed at improving the standard of tax administration in order to ensure an improved revenue generation by the gove...
View DetailsAN EXAMINATION OF THE CAUSES OF JURISTIC DIFFERENCES IN INTERPRETATION IN ISLAMIC LAW
ABSTRACT
Differing is inevitable among people, because of individual natural differences regarding thinking, understanding, power of assimilation, intellect, etc. Thus, differences and contradictions are a natural outcome. Incidentally people have grossly misconceived differences of opinion among the jurists either due to their ignorance or lack of understanding of the nature of texts of the Qur’an and the Sunnah, and where the text is silent.Modern advocacy for adherence to h...
View DetailsAN EXAMINATION OF THE CONCEPT OF COPYRIGHT OWNERSHIP IN NIGERIA
ABSTRACT
Copyright is a property that possesses the essential attributes of ownership and transmissibility. The ownership in copyright is transferrable as movable property by assignment, testamentary disposition or by operation of law. Therefore, the incidence of ownership is subject to contractual agreement that may exist between the author and other persons before or after the creation of the work. In the same vein, the provisions of the Copyright Act concerning first ownership of...
View DetailsAN EXAMINATION OF THE CONCEPT OF FISCAL FEDERALISM AND TAX LEGISLATION IN NIGERIA: A CASE STUDY OF LAGOS STATE
ABSTRACT
This work is prompted by the shortage of revenue accruing to the federating units in Nigeria. It exposes the potential of taxation as an alternative and or additional revenue source to the federating states in Nigeria. Using the doctrinal method of research, this work espouses the potentials of taxation as a viable means of generating revenue for the federating States in Nigeria. The work analyses the problems bedeviling the implementation of taxation as a source of revenue...
View DetailsAN EXAMINATION OF THE CRIME OF GENOCIDE IN INTERNATIONAL HUMANITARIAN LAW
ABSTRACT
This thesis entitled “An Examination of the Crime of Genocide under International Humanitarian Law” dealt with crime of genocide as an act of aggression which of recent presented serious threats to international peace and security. This is because this crime when committed within a particular state lead to murder of innocent people to such alarming propositions that the international community could not ignore. Global incidences of the commission of the crime of...
View DetailsAN EXAMINATION OF THE IMPACT OF NIGERIAN CORPORATE TAX LAW ON INVESTMENT PROMOTION
ABSTRACT
Companies Income Tax Act (CITA) is the main legislation that governs the taxation of corporations in Nigeria. About one trillion Naira was generated from the tax imposed by the Act in 2013. The amount was equivalent to one fifth of Nigerian federal government budget for that year. The amount could be used by government to perform its duties of providing public services and infrastructures of which investment promotion is included. Investment is very vital to the economic gr...
View DetailsAN EXAMINATION OF THE LEGAL FRAMEWORK FOR COMBATING FRAUDULENT INVESTMENT SCHEMES IN THE NIGERIAN CAPITAL MARKET.
ABSTRACT
Finance is the key to investment and growth hence the need for efficient financial systems to help development. Nigeria’s financial system comprises the money and capital markets that serve it. These two sub-sectors create financial assets and liabilities by intermediating between surplus and deficit units in the economy. While the money market is where short term loans are sourced, the capital market is one for medium and long term funds. The Nigerian capital market...
View DetailsAN EXAMINATION OF THE LEGAL FRAMEWORK FOR THE MARKETING OF PETROLEUM PRODUCTS IN THE DOWNSTREAM SECTOR OF THE OIL AND GAS INDUSTRY IN NIGERIA
ABSTRACT
Hitherto, to many, the concept of oil and gas was limited to the search for, work and win crude oil. So, for many decades, nations only concerned themselves with upstream petroleum activities. The availability of crude oil determines the extent of relevance a nation commanded at the global scene. This fact is amplified by the role Nigeria played in the struggle to rid Africa of colonial vestiges. The marketing of petroleum products (downstream sector activities) is therefor...
View DetailsAN EXAMINATION OF THE LEGAL IMPLICATIONS OF MORTGAGES AS COLLATERAL IN NIGERIA
ABSTRACT
The challenge identified by this research was the manner of collaterisation of credits by financial institutions. It was discovered that due to the volume of funds available at the disposal of financial institutions as a result of the consolidation exercise and stiff competition towards making substantial margin of profits, some financial institutions often comprise or even ignore standard in giving out credit to their customers because of a combination of factors viz:
... View DetailsAN EXAMINATION OF THE LEGAL REGIME FOR PRODUCTION SHARING CONTRACTS IN THE UPSTREAM PETROLEUM INDUSTRY IN NIGERIA
1.1Background to the Study
Production Sharing Contract (PSC) is an arrangement used in the upstream petroleum sector for the exploration and exploitation of petroleum resources by several oil producing countries, particularly the developing ones such as Algeria; Angola; and Gabon.1 In the case of Nigeria, the PSC arrangement has been largely adopted for the exploration and exploitation of the offshore and inland basin petroleum reserves.2 It is an arrangement in which the internatio...
View DetailsAN EXAMINATION OF THE PROTECTION OF WOMEN’S RIGHT TO HEALTH UNDER INTERNATIONAL LAW: A CASE STUDY OF NIGERIA.
ABSTRACT
Every individual is entitled to the full protection of their rights because they are human beings. Men and women also experience health challenges but because women go through some biological and social processes that carry health risks like pregnancy and child birth they require adequate health care to be able to fulfil these roles. The research aimed to examine women’s right to health as a neglected issue that leads to maternal and infant mortality; to examine women...
View DetailsAN EXAMINATION OF THE ROLE OF CLINICAL LEGAL EDUCATION IN PROMOTING LEGAL PRACTICE IN NIGERIA
ABSTRACT
Clinical Legal Education (CLE) is an experiential learning process of teaching law that was introduced with the major aim of producing lawyers with community consciousness, ethical skills and competence to handle legal issues in accordance with the global best practice. This research examined the role of CLE in promoting legal practice in Nigeria by analysing the activities of Law Clinics and the Clinicians to see how they are helpful to the society and the law students asp...
View DetailsAN EXAMINATION OF THE ROLE OF NIGERIAN COMMUNICATIONS COMMISSION (NCC) IN REGULATING THE TELECOMMUNICATIONS SECTOR
ABSTRACT
This research sets out to examine the role of the Nigerian communication commission in regulating the Nigerian telecommunication sector. It further scrutinizes the legal and regulatory framework surrounding the business of telecom industry in Nigeria. It predominantly scrutinizes the provision of the law establishing the National regulator vis a vis other laws establishing the institutional framework, the service providers and the consumers of these telecom services. Such l...
View DetailsAN EXAMINATION OF THE TAXATION OF MULTINATIONAL CORPORATIONS AND ITS LEGAL EFFECTS ON FOREIGN INVESTMENTS IN NIGERIA
ABSTRACT
Taxation is the key to a sustainable development. This is because no government can survive without sufficient revenue to finance its activities. This explains why revenue generation is one of the basic objectives of taxation. This actually prompts the analysis of multinational corporate taxation in Nigeria so as to see the effects of corporate investments contribution to foreign investments in Nigeria. Also, the aim of bilateral tax treaty entered into between the Federal...
View DetailsAN EXAMINATION OF THE TAXING POWERS OF STATES UNDER THE NIGERIAN LAWS: A CASE STUDY OF KADUNA STATE.
ABSTRACT
Tax or taxation whether from Personal Income or Company Tax forms part of the items in the National Income required for the servicing of the economic activities and development of any country, Nigeria inclusive. Tax is a compulsory exaction of money by a public authority for public purposes. Tax is used for redistribution of wealth in countries; it is used to direct the course of the economic. It is often employed to encourage or discourage certain economic activities throu...
View DetailsAN OVERVIEW OF POLICING IN DEMOCRACY AND OBSERVANCE OF HUMAN RIGHSTS BY THE NIGERIA POLICE FORCE
ABSTRACT
Ever since Nigeria returned to democratic rule in 1999, there appears to be a general consensus that the true tenets of democratic policing and observance of human rights has not been fully realized. Democratic policing emphasized responsive and representative policing, accountability and transparency to the public, preventive and effective in crime control, possessing the requisite education and training as well as professionalism in all respect. All these are sourced from...
View DetailsANALYSIS OF THE LAW ON COMPANY MEETINGS IN CONTEMPORARY CORPORATE GOVERNANCE IN NIGERIA
ABSTRACT
This study analyzed the Law on Company Meeting in Modern Day Corporate Governance in Nigeria. It principally discussed the concept of Company meeting, its various kinds and practical relevance as a key instrument for the protection of members of the company and a means by which they tame the activities of the overzealous or corrupt directors of the company. This study was motivated by the fact that, in spite of the critical role of company meetings, corporate mismanagement...
View DetailsANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN NIGERIA
ABSTRACT
The subject of intellectual property rights without doubt, has attained considerable universal prominence, especially in its ever growing significance to the core values of human enterprises. In today’s world, the subject of intellectual property rights is so central and dynamic that it is the concern of many disciplines of law, technology, economics, health, culture, agriculture, environment, international relations, politics and more. Intellectual property has probl...
View DetailsANALYSIS OF THE LEGAL FRAMEWORK FOR THE REGULATION OF TOURISM AND HOSPITALITY INDUSTRY IN NIGERIA
ABSTRACT
Nigeria like other micro economies heavily dependent on petroleum, and sometimes Agriculture had to explore alternatives to grow its Gross Domestic Product as a result of fluctuations in oil price and effects of climate change on agriculture .Since the country have geographical landscapes with clusters of potentially endowed tourism sites coupled, with increase in disposal income, demand for leisure the Government took the initiative to prioritize Tourism and Hospitality as...
View DetailsANALYSIS OF THE LEGAL FRAMEWORK OF INCOME TAX ENFORCEMENT AND COMPLIANCE STRATEGY FOR REVENUE GENERATION IN NIGERIA
ABSTRACT
From the inception of modern taxation in Nigeria in the first decade of the 20th century the problem of poor tax administration has been the cankerworms that militate against an optimum revenue generation which affect negatively the government ability to render essential services to the citizenry. The problem of the attitude of most tax payers in Nigeria is negative. Most of the people, feel that tax imposed on them by the government is a means to exploit their limited reso...
View DetailsANALYSIS OF THE LEGAL REGIME FOR CONTRIBUTORY PENSION SCHEME IN NIGERIA
ABSRACT
This dissertation appraised legal framework of contributory pension scheme CPS in Nigeria. Doctrinal method was adopted. Thus, the dissertation analyzed material from primary and secondary sources. The primary sources include information from national and international legal instruments on CPS, while the secondary sources include books, articles and internet materials on the subject matter. It was found that there are still problems relating to coverage of the scheme. For ex...
View DetailsANALYSIS OF THE LEGAL REGIME FOR THE PROTECTION OF PATENT AND INDUSTRIAL DESIGNS IN NIGERIA
ABSTRACT
This dissertation analysed the legal regime for the protection of patent and Industrial Designs in Nigeria with the view to identifying the challenges hindering the effective protection of the subject matter. The global community has benefited from various forms of intellectual property which have not only ensured economic growth and development but have also led to improved standard of living, employment creation and high generation of revenue for the government. Pat...
View DetailsANALYSIS OF THE PROHIBITION OF SAME SEX MARRIAGE UNDER NIGERIAN LAW
ABSTRACT
Marriage as an institution has been for ages the image of unity despite differences in culture, religion and civilization, and to some extent, has reflected the belief that neither man nor woman is perfect or complete without the other. This institution of marriage is today under serious attack from many quarters such that any keen observer can discern in the secular mentality of the contemporary world, an effort to undermine its natural and religious meaning. The meaning o...
View DetailsANAPPRAISAL OF THE INTERNATIONAL LEGAL FRAMEWORK FOR THE ELIMINATION OF NUCLEAR WEAPONS AND ITS IMPLICATIONS FOR WORLD PEACE AND SECURITY
ABSTRACT
It is in the security interests of states to live in a peaceful and secure world. The pursuit of peace and security is, consequently, the desire of all states and often this finds place in their domestic policies. One of the ways in which states of the international community have sought to protect their security interests is by seeking military superiority over others and this invariably leads to conflict of interests among them. In the quest for global hegemony and milita...
View DetailsANALYSIS OF THE RIGHT OF ACCESS TO INFORMATION UNDER NIGERIAN LAW
ABSTRACT
The Freedom of Information Act, 2011 (FoI Act) was enacted at the end of nearly two decades of public advocacy and exactly one hundred years after the Official Secrets Act was first introduced into Nigeria as a colonial Order-in-Council. This law is Nigeria’s major legislative response to redress the balance of official secrecy, elitism and non-accountable government. The aim of this research is to provide an in-depth analysis of the right of access enshrined in the F...
View DetailsAPPLICATION OF INTERNATIONAL HUMANITARIAN LAW IN PEACE SUPPORT OPERATIONS: A CASE STUDY OF UNITED NATIONS MISSION IN MALI
ABSTRACT
International Humanitarian Law which is made up of rules established by treaties or customs that limit the rights of parties to a conflict to use the methods or means of warfare of their choice and protects persons who do not take part in a conflict, is principally meant to reduce the impact of war on humanity. The United Nations Organisation is mandated to observe the provisions of International Humanitarian Law in its operations but instead of helping to reduce the impact...
View DetailsAPPRAISAL OF COLLECTIVE BARGAINING PROCESS AS A MEANS OF SETTLEMENT OF LABOUR DISPUTES IN NIGERIA: CHALLENGES AND PROSPECTS
ABSTRACT
This dissertation is entitled Appraisal of Collective Bargaining Process as a Mode of Settlement of Labour Disputes in Nigeria: Challenges and Prospects. The study examines Collective Bargaining process as a preferred means of settlement of Labour disputes in Nigeria. It is an established fact that the coming in of Industrialization and creation of wealth in the nation gave rise to economic growth, hence the need of labour and management by the sovereign (Nigeria), to provi...
View DetailsAPPRAISAL OF IMPEACHMENT PROCESS UNDER THE 1999 CONSTITUTION OF NIGERIA
Abstract
This project report centres on Appraisal of impeachment process under the 1999 Constitution of Nigeria. It x-rays basically the Legislatures excessive and negative use of impeachment process provided in the 1999 Constitution against the Executive arm of government, particularly, State Governors and their Deputies. This anomaly forms the foundation upon which the statement of the research problem of this work is anchored.
This research highlights in details the pro...
View DetailsAPPRAISAL OF JUDICIAL REFORMS TOWARDS AN EFFICIENT ADMINISTRATION OF JUSTICE IN NIGERIA
ABSTRACT
Certain reforms had been put in place to address Nigeria’s quest towards an efficient administration of justice in the country. The reason for this quest is because there is the problem of undue delay in determining cases as a result of the legal processes being usually very slow and complex. Two major reforms carried out with the aim of addressing this problem had been the passing into law of the Administration of criminal justice Act (ACJA) 2015, and the Evidence Ac...
View DetailsAPPRAISAL OF RATIFICATION AND DOMESTICATION OF TREATIES IN NIGERIA: THE PROCEDURAL CHALLENGES
ABSTRACT
Treaties represent an important instrument by which States undertake and accept responsibilities in the international arena. Nigeria has in furtherance of its international relations entered into a number of multi-lateral and bilateral treaties. Nigeria has by its constitution expressly provided for the treaty making procedure and how treaties can acquire the force of law in Nigeria. It is however, apposite to note that the applicability of a treaty is dependent on a number...
View DetailsAPPRAISAL OF THE CONTEMPORARY JURISPRUDENCE ON THE RIGHT TO ENVIRONMENT: A CASE STUDY OF NIGERIA AND SOUTH AFRICA
ABSTRACT
The thesis explores environmental rights protection in Nigeria and South Africa. The research questions are: Are the identified elements of environmental rights reflected in the law and policy of Nigeria? What role has regulatory bodies, the judiciary and civil society played in promoting and protecting the right to a healthy environment in Nigeria and South Africa? What are the social, political and economic factors affecting the implementation and enforcement of environme...
View DetailsAPPRAISAL OF THE IMPEDIMENTS TO INHERITANCE UNDER ISLAMIC LAW
1.1GENERAL BACKGROUND
There are some obstacles and impediments which prevent an inheritor to benefit from the assets left by his/her deceased relation. Broadly, there are four cases consisting of the obstacles, bar or impediment to inheritance, they include Homicide (Qatl), difference of religion, Apostasy (Riddah), and Slavery. Some jurists, however, includes difference of domicile as an impediment to inheritance1. Each one of them functions independently from another and bars the...
View DetailsAPPRAISAL OF THE LEGAL FRAMEWORK FOR PROTECTING RIGHTS OF THE CHILD AND THE ROLE OF UNICEF IN PROMOTING RIGHTS OF THE CHILD IN NIGERIA
ABSTRACT
United Nations Children Fund is an international Institution that deals with the promotion and protection of the rights of children in times of peace and during emergency situations. Restrictively, this thesis aimed at studying the activities of UNICEF in the promotion and protection of the Rights of the child in Nigeria. The sources of information relied upon are, relevant books, statutes, judicial authorities, articles in Journal publications, newspapers, magazines, and c...
View DetailsAPPRAISING Al-MASLAHAH AL- MURSALAH AS A SOURCE OF ISLAMIC LAW IN JUDICIAL PROCEEDINGS UNDER THE MALIKI LAW
ABSTRACT
Al Maslahah al mursala is a Maslahah which is neither acknowledged nor rejected by the Law Giver. It is called (Mursalah) that is absolute or free from any restriction because it is not qualified or based on a specific Nass. al-Maslahah al-Mursalah can also be any benefit which can be inferred from the five purposes of Islamic Law, but they are neither directly acknowledged nor rejected by the Law Giver al-Maslah al-Mursalah is one of the sources of Islamic law recognized a...
View DetailsASSESSMENT OF PETROLEUM PROFIT TAX UNDER THE NIGERIAN TAX LAWS
ABSTRACT
Petroleum Profit Tax Act provides that:
Assessment of tax shall be made in such form and in such manner as the Board shall authorize…1
But neither the Petroleum Profit Tax Act nor any other tax law in Nigeria made any provision for the definition of the term “tax” or the phrase “assessment of tax” or “the assessment of petroleum profit
tax”.
In an Australian case of Mathews v. Chicory Marketi...
View DetailsASSESSMENT OF SCHOOL MAPPING ON ALLOCATION OF SCHOOL FACILITIES IN SECONDARY SCHOOLS IN KADUNA STATE, NIGERIA
ABSTRACT
The study is titled “Assessment of school mapping on allocation of school facilities in secondary schools in Kaduna State, Nigeria. The study was guided by five objectives, five research questions and five corresponding null hypotheses. The design of the study is descriptive survey design.The study‟s population consisted of principals, teachers and supervisors numbering 10,931 comprising of 541 principals, 10,294 teachers and 96 supervisors from twelve (12) educationa...
View DetailsASSESSMENT OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE PREVENTION OF ENVIRONMENTAL DEGRADATION BY OIL AND GAS COMPANIES IN NIGERIA
ABSTRACT
Legal frame work for the prevention of environmental degradation by oil and gas companies in Nigeria is partly Customary Law, partly Statutory Law, and partly Common Law. The Statutory legal regime for the prevention of environmental degradation in Nigeria is largely influenced by international legal norms for the prevention of environmental degradation by oil and gas companies. The legal frame work for the prevention of environmental degradation by oil and gas companies to...
View DetailsBLOOD RELATIONSHIP AS A BASIS OF INHERITANCE UNDER ISLAMIC LAW: A CASE STUDY OF THE INNER AND OUTER CIRCLES OF FAMILY
ABSTRACT
The life on earth depends largely on inheritance from generation to generation for its continuous existence. Without inheritance there would be no meaningful development any where in this world. Thus, human beings have succeeded in building and beautifying this world through inheritance, which today provides an aesthetic value in our cities and towns
However, the method and procedure of such inheritance differ from one society to another. Therefore, the past and p...
View DetailsCOMPARATIVE LEGAL ANALYSIS OF BILATERAL AIR SERVICE AGREEMENTS BETWEEN NIGERIA AND SOME SELECTED COUNTRIES
ABSTRACT
This dissertation is a Comparative Legal Analysis of Bilateral Air Service Agreements between Nigeria and Some Selected Countries. The countries considered here are Ghana, United Kingdom and Israel. The development of an international aviation industry has resulted in bilateral agreements playing an increasingly significant role as instruments of negotiation and cooperation between and among States parties. Before an airline can operate international air service to another...
View DetailsCRITICAL ANALYSIS ON THE RIGHT OF CHILDREN TO EDUCATION UNDER INTERNATIONAL LAW: A CASE STUDY ON NIGERIA
ABSTRACT
The importance of children education in any given society is very critical to the social and economic development of that society particularly for its future attainment, advancement and development. To deny the child its right to education is to deny the Nation its critical development economically, socially and otherwise. The need of the child ranging from feeding, clothing, accommodation and capacity hangs on the shoulder of adults, parents, guardians and the Government....
View DetailsCRITICAL ANALYSIS OF THE MILITARY JUSTICE SYSTEM IN NIGERIA
ABSTRACT
One of the issues that has continued to generate controversy among the bar, the bench and international and local human right activists is whether the Military Justice system is or should be subservient to the rule of law. The legal implication of the military justice system derives from sections 1 (1), 1 (3), of the Constitution of the Federal Republic of Nigeria 1999, Cap C23 laws of the federation; Armed Forces Act, Cap C20 laws of the Federation 2004 and other subsidiar...
View DetailsCRITICAL APPRAISAL OF TA’AZIR PUNISHMENTS UNDER THE KATSINA STATE SHARI’A PENAL CODE LAW, 2001
ABSTRACT
The topic “Critical Appraisal of Ta’azir Punishments under the Katsina State Shari’a Penal Code Law, 2001” is considered a topic worth writing-on, especially with the implementation of Shari’a in most of the Northern States and Katsina State in particular.
For convenience and clarity, the research work has been divided into chapters; touching on the historical background of Shari’a implementation in Katsina State.
It h...
View DetailsCRITICAL REVIEW OF THE RIGHTS OF THE DISPLACED PERSONS IN THE COURSE OF NATURAL DISASTERS IN NIGERIA
ABSTRACT
The overwhelming increase of Internally Displaced Persons in situation of natural disaster in Nigeria in recent years has become an issue of grave concern. More worrisome is the fact that these persons are often victims of violations of human rights. Their plights have increased tremendously nowadays constituting a serious challenge of national and global implications. To address this problem, a myriad of legal, institutional and policy framework both at national internatio...
View DetailsCRITICAL EXAMINATION ON CONTRACT FOR THE SALE OF LAND IN NIGERIA
1.1Introduction
A contract of sale of land is the first stage in a conveyancing transaction by which the purchase acquires equitable interest on the property and legal interest in acquired later at the completion stage. Unfortunately, this important stage in conveyancing is usually ignored by Nigerians.
The parties must have capacity; there must be an offer, an acceptance, a consideration an intention to enter into a legally binding relationship, in addition to the above,...
View DetailsCRITICAL APPRAISAL OF COURT MARTIAL CASES AT APPELLATE COURTS IN NIGERIA 1990- 2014
ABSTRACT
Court martial is a major aspect of administration of military justice. In Nigeria, courts martial set up by the Army, Navy and Air Force have had numerous problems in the last 24 years leading to upturning of majority of the judgments by appellate courts. Judgments of about 70 percent of court martial cases that were appealed against in Nigeria between 1990 and 2014 were upturned by appellate courts. This work discovered that the major reasons that made appellate courts to...
View DetailsCRITICAL ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR ISLAMIC BANKING IN NIGERIA
ABSTRACT
This dissertation looks at legal and institutional framework for Islamic banking in Nigeria with a view to identifying the challenges in the laws regulating Islamic banking as a part of the banking sector in Nigeria. Islamic banking unlike conventional banking derives its inspiration and guidance from the religious edicts of Islam. As such, it has to conduct its operations strictly in accordance with the directives of the Shari’ah. The main problem faced by Islamic ba...
View DetailsDEED OF ASSIGNMENT AS A MEANS OF TRANSFER OF REAL PROPERTY IN NIGERIA, ISSUES, CHALLENGES AND PROSPECTS
ABSTRACT
Acquisition of real property in Nigeria is a right enshrined under the constitution of Nigeria 1999 (as amended). Transaction in land formed part of the economic sector of the country. Transfer of interest in land or acquisition of real property can be through state grant, gift, purchase (conveyance), inheritance (probate) and allotment of family land. Of all these means of acquisition real property in Nigeria only purchase and gift are demanded to be by deed. This factor g...
View DetailsDETERMINING THE PROPER LAW OF CONTRACT UNDER PRIVATE INTERNATIONAL LAW
ABSTRACT
Where a dispute arises from the breach of a term or terms of a contract between 'A' a Nigerian and 'B' an Italian, the court which entertains the action will employ an objective test in order to determine the law to govern the resolution of this dispute. Before arriving at this law, the court considers the intention of the parties regarding their choice of law.
The parties' intention could be expressed where they provide that "Nigerian law...
View DetailsDISSOLUTION OF MARRIAGE THROUGH KHUL’ INISLAMIC LAW: A STUDY OF KANO STATE
ABSTRACT
Marriage in Islamic Law is special contract developsthrough love thatbrings compassion between the spouses among others. However, circumstances may arise where the couple cannot live together in harmony anymore in their marital relationship; its continuance is, therefore, no longer considered desirable. Divorce is permitted as solution for the avoidance of greater evil, which may result from the continuance of the marriage. In Islamic law, men have direct power to effect di...
View DetailsDOMESTIC IMPLEMENTATION OF THE AFRICAN CHARTER ON DEMOCRACY, ELECTIONS AND GOVERNANCE: A CASE STUDY OF NIGERIA BETWEEN 2011 AND 2015
Abstract
It is the habit of some African leaders to remain in power till they reached their death that is why even in countries where democratic government is practiced, some leaders make attempts to amend constitution in order to extend power. Political crises and insecurity become rampant in some African countries. These are mostly where elections are marred or the incumbent refuse to concede defeat and relinquish power to the winning party or candidate. Corruptions, insincerity o...
View DetailsDOMESTICATION OF THE CHILD’S RIGHTS ACT, 2003 IN KADUNA STATE: CHALLENGES AND PROSPECTS
ABSTRACT
The Child’s Rights Act 2003 (CRA) is a product of International and Regional legal frameworks on the rights of the child as treaties. It was enacted into law as required by the Constitution Federal Republic of Nigeria to have force of law in the country subject to ratification by states of the Federation and adoption by individualStates for the promotion and protection of the rights of the child. Kaduna State among few other states has not yet adopted or domesticated...
View DetailsELECTORAL LAWS AND CREDIBLE ELECTIONS IN NIGERIA: AN APPRAISAL OF 2010 ELECTORAL ACT ON 2011 AND 2015 GENERAL ELECTIONS
ABSTRACT
Towards the end of 1990, international dynamics, pressures and persuasion combined to move Nigeria towards the embrace of a political system based on the global principles of democracy. The legal framework for this foundation was provided for by Decree No. 24 of May, 1999 which was a prelude to the promulgation of the Constitution of the Federal Republic of Nigeria. This inter- alia provides for the transition to civil rule through the conduct of elections by Independent El...
View DetailsETHNO-RELIGIOUS CONFLICTS AND THE INTERNALLY DISPLACED PERSONS: AN AGITATION FOR LEGAL FRAMEWORK A CASE STUDY OF KADUNA STATE
ABSTRACT
Nigeria as an Independent state with different ethnic and religious groups over the years experienced a number of ethno-religious conflicts which have claimed lives and properties. The consequence of this is the displacement of many inhabitants which are referred to as Internally Displaced Persons (IDP’s). The affected persons are denied certain constitutional rights as enshrined in the Constitution of the Federal republic of Nigeria 1999 (as amended) and other intern...
View DetailsEVALUATING THE APPLICATION OF INTERNATIONAL HUMANITARIAN LAW IN INTERNAL ARMED CONFLICTS: SIERRA LEONE AND LIBERIA AS CASE STUDIES
ABSTRACT
International Humanitarian Law is applicable to Internal Armed conflict situations as provided by Article 3 Common to the Four Geneva Conventions 1949 and their Additional Protocol II of 1977.Provisions of these two Legal Regimes apply during extreme violence. Determining whether a particular situation is an Internal Armed Conflict is a question one should put in mind. Again even if a situation is determined to be an Internal Armed Conflict how do parties in an extreme viol...
View DetailsEVALUATION OF THE LEGAL FRAMEWORK FOR FINANCIAL INSTITUTIONS REGULATION IN NIGERIA
ABSTRACT
The frightening and unpleasant experience of failed banks in Nigeria with the attendant consequences of the advent of wonder banks, macro-economic problems, failure of municipal legislation, threat of another round of bank failures etc., have all made the need for an evaluation of financial institutions regulation in Nigeria compelling. This study addressed the problem of distress and failure of financial institutions in Nigeria occasioned by weak legal framework for their...
View DetailsEXAMINATION OF THE FUNCTIONS OF PARALEGALS UNDER THE NIGERIAN LEGAL SYSTEM
ABSTRACT
The concept of paralegal though not a new one in developed region, it is a novel one within Africa particularly in Nigeria. They are legal adjuncts within the legal industry carrying out certain functions that are responsive to the need of the moment. It is important to note that they can only function under the supervision of a legal practitioner. The advent of this group in developed nations was to fill the gap that was existing in accessing justice and delivery of legal...
View DetailsEVIDENTIARY RULES ON ADMISSIBILITY OF DOCUMENTARY EVIDENCE UNDER NIGERIAN EVIDENCE ACT 2011: A CRITICAL APPRAISAL
ABSTRACT
This Dissertation provided a critical conceptual discourse into the Evidentiary Rules On Admissibility of Documentary Evidence Under Nigerian Evidence Act 2011. It appraised the bases for the admissibility of documentary evidence, rules of evidence, relevance and conditions for the admissibility of secondary evidence, public document, proof of documentary evidence, custody and production of public documents, proof of execution of documents, admissibility of statements made...
View DetailsFEDERAL CHARACTER PRINCIPLES AND THE CHALLENGES OF SOCIAL JUSTICE AND NATIONAL INTEGRATION IN NIGERIA
1.1Background of the Study
Federal character principles or quota system of representation became an issue and as a part of constitutional arrangement following major serious disagreement between Northern and Southern leaders over the issue of self- government for Nigeria. In the 1950s, Northern leaders felt that the North needed more time to prepare itself to catch up with the South in Western education and in matters of employment opportunities. In spite of these strong feelings, a...
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