ABSTRACT

This research evaluates an appraisal on the legal framework for prevention of child abuse and trafficking in Nigeria. The magnitude of the problem, as well as its despicable nature, triggered increasing legislations in Nigeria in recent years. This research shows that despite the remarkable efforts in term of law and policy approaches the problem appears to persist. The objective of the research is to demonst...

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...

ABSTRACT

According to the Black’s law dictionary, 6th edition trust property is defined as any money or property set aside as a trust for the benefit of another and held by a trustee. The trustee is the person vested with the right to hold property in trust on behalf of another called the beneficiary.
The essence of trust relationship is to enable a testator/ settlor who own a legal estate to be able to cater for his immediate family me...

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...

ABSTRACT

This study entitled “The Use of Child Soldiers in Armed Conflict as War Crime under International Law” is premised on an appraisal of the legality of the atrocities visited upon children during armed conflicts, especially as coerced active participants. This is approached from the perspective of the menace being a form of child abuse and exploitation of such children, and how international justice combats such illegality and impunity to justice of their commande...

Abstract

The topic of this research is „THE SINIFICANCE OF INJUNCTIONS IN THE DISPENSATIN OF JUSTICE IN NIGERIA‟. Injunctions are court orders prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury. Injunctions are ordinarily and properly elicited from proceedings in courts. The main feature of injunction is the maintenance of the res or status quo that is the subject matter of the dispute or litigation. The problem treated in this...

STATEMENT OF THE RESEARCH PROBLEM

Since the study covers several regions and countries in the world there is the dearth and great difficulties in the collection and analysis of data UNESCO possessed enormous records of its activities in Africa, Asia, Europe, Middle East, the pacific Island and North and South America in the fields of education, information and culture. These records are found in all their archives and libraries in book forms and computer disket...

ABSTRACT

The devastating consequence of the World War II led to the establishment of the United Nations with main objective to maintain International Peace and Security. Under Article 24 of the UN Charter the United Nations Security Council has the responsibility for the maintenance of International Peace and Security. Similarly, the regional organizations under Article 33 of the UN Charter are also required to complement the UNSC in the maintenance of Peace and Security in their re...

ABSTRACT

The judicial powers of the Federation and of States are vested in courts established by section 6 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and other courts established for the Federation by an Act of the National Assembly or in case of states, law made by the relevant State House of Assembly. The judicial powers gradually, due influx and consequential protraction of cases, had to be shared with emerging tribunals established for particular pu...

ABSTRACT

In 1995, the World Trade Organisation (WTO) was established as the only international Organisation dealing with the global rules of trade between nations. Its primary function was to ensure that trade flows as smoothly, predictably and freely as possible. At the heart of the system are the WTO’s Agreements, which are the legal rules for international commerce. This study aims at appraising the role of the WTO in settling trade disputes. Specifically, this study would...

ABSTRACT

On 16th January, 2012, several insurgent groups began raising another campaign against the Malian Government for independence or greater autonomy for northern Mali, an area known as Azaward. The National Movement for the Liberation of Azaward (MNLA), an organization fighting to make Azawad an independent homeland for the Tuareg people, had taken control of the region. On 21 st March, 2012 President Amadou Toure was ousted in a coup d‟etat because of the way and manner he wa...

ABSTRACT

This research project is titled “The Role of the Public Complaints Commission in Protecting Worker’s Rights against Administrative Injustice and Maladministration in Nigeria”. The research work has been prompted by the observation made on the decline in the discharge of its roles in some state offices of the Commission, despite overall achievement of organizational target. The main purpose of this research therefore was to find out what must have been resp...

ABSTRACT

This research is concerned with the role Hisba is expected to play regarding Sharia implementation in some states of Northern Nigeria and the extent that the Hisba played the role. Hisba evolved during the time of the Prophet SAW and it developed during the time of the classical Caliphs and later generations particularly the Umayyad and Abbasid dynasties. It was during the Umayyads that Hisba became an independent constitutional agency and this continued up to this moment....

ABSTRACT

This study aimed at examining the legal framework for the promotion and protection of Human Rights in Nigeria in relation to the existing constitutive international instruments on human rights. In this regard, the sources of information relied upon here are relevant text materials, articles in journal publication, judicial authorities, conference papers, newspapers, magazines and internet materials. However, the justification for this research is that “human rights&rd...

ABSTRACT

The judicial powers of the Federation and of States are vested in Courts established by section 6 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and other courts established for the Federation by an Act of the National Assembly or in case of States, Law made by the relevant State House of Assembly. The Judicial powers gradually, due to increase in litigations and criminal trials beyond the capacity of the regular courts, were no longer exclusive to...

ABSTRACT

Crime has been a major subject of concern throughout human history. No society is free of crime and criminals. The Nigeria Police Force is an agency established by law to ensure preservation of public order and law enforcement as well as prevention and detection of crime. The police plays vital role in the administration of justice in any society. The police present the entry point into the criminal justice system either through reports from the public or its own investigat...

ABSTRACT

Aviation is one of the greatest and important unique inventions of man in the area of transportation. Since 17 December 1903 near Kitty Hawk, North Carolina when a bicycle repairer Orville Wright propelled himself through the air a distance of 120ft the first powered flight in a heavier-than-air aircraft known to human, air transportation has been beneficial to man. Air transportation globally constitutes significant proportion of the nations socio-economic system. It facil...

ABSTRACT

With the advent of computer age, legislatures have been struggling to redefine the law to fit crimes perpetuated by computer criminals. The rise of technology and online communication has not only produced a dramatic increase in the incidence of criminal activity, it has also resulted in the emergence of what appears to be some new varieties of criminal activity. Both the increase in the incidence of criminal activity and the possible emergence of new varieties of criminal...

ABSTRACT

Any country’s economic score sheet is influenced by the events within and from abroad. The reality of globalization has come to mean that the former speaks louder now than in the days past when domestic measures dictated matters. The passion being expressed by the Nigerian government for foreign investments needs to be examined in the context of the two tendencies broadly shown by a nationalistic approach in which nationalization, indigenization and control are key fa...

ABSTRACT

It is generally accepted that banks are inevitable component of an economic system and that the capital of a bank is the foundation on which it stands. This foundation has continued to witness dynamic changes leading to crisis that often threaten to rock the foundation of our banking system. At each of the point the crisis the depositors had always turned to the state and the central Bank of Nigeria (CBN) for help. Unfortunately the two have no coordinated resolution scheme...

ABSTRACT

Corruption has been a social problem in Nigeria with debilitating consequences on the growth and development of the country. The country is the sixth largest exporter of crude oil in the world earning therefrom a revenue of about 57 billion USD annually. The country also has the biggest agricultural output on the African continent and 25th in the world and is reputed to be the largest economy in Africa with a GDP of 481.07 billion USD as of 2015. If properly utilized, the r...

ABSTRACT

Deposit Insurance System (DIS) has become a key component of most financial systems worldwide because of the important roles it plays in protecting depositors as well as contributing to financial system stability. Since its establishment by the Nigeria Deposit Insurance Corporation (NDIC) Decree No. 22 of 1988, the NDIC, which is charged with deposit protection mandate has remained an active safety-net player in spite of many daunting challenges. The establishment of the co...

ABSTRACT

The idea of a strong standing tribunal to try serious violations of international law has been around since the end of World War II. After WWII, the Nuremberg and Tokyo tribunals were set of ad-hoc by the Allies, the victors of the World War II to try the principals of the loosing axis power. While the Nuremberg was regarded as more successful and significant than the Tokyo tribunal. During the years of the cold war, the idea of the future of International Criminal Court la...

ABSTRACT

The 1975 ECOWAS Treaty made by the founding fathers of the West African Regional Integration Philosophy was revised in 1993 in view of the developments in the region and the new world order. ECOWAS is still today, the common partnership through which Member States attempts to aggregate their common dream and aspiration for a prosperous United Economic Union in the Africa sub-region. The Integration instruments though very ambitious made no pretension of the hopes and aspira...

ABSTRACT

This study titled “The Enforcement of Court Judgments and Orders in the High Court of the Federal Capital Territory, Abuja, Procedure and Challenges.” The area of interest is the enforcement of judgments and court orders in the Federal Capital Territory, Abuja. It is an established fact that, the High Court of the Federal Capital Territory established an enforcement unit which is now a Department mainly for the enforcement of court judgments and orders. This, gi...

ABSTRACT

This research work significantly examines a very interesting area of Islamic law. It is the portion of the Islamic law which relate to war and peace. The study focuses on the desire to make significant contribution to the modern law of Nations which features inter-alia classical Islamic jurisprudential works, and organizational layout of the work with justification of the study. As a matter of essence, the work emphasizes global peace and security as against the current int...

ABSTRACT

This study entitled “The Concept of Sulh in Islamic Law: A Case Study of the Practice and Procedure of the Katsina State Sharia Courts” has examined the concept of Sulh as a type of dispute resolution in which a third party intervenes to help disputing parties reach a mutually satisfactory agreement and the practice thereby in Katsina State Sharia Courts (KSSC). The research work is predicated upon the problem of the volume of cases coming before the KSSC and th...

ABSTRACT

State recognition is one of the oldest practice in international relations, and one of the most vexed concepts in international law since the middle ages, political communities have interacted with each other as sovereign, territorial states under an accepted system of rules. Determining which entity is to be recognized as state subject to these rules has hence been a basic component of international relations. As such, it is one of the most common discussed topics in the i...

ABSTRACT

New trends and innovations in modern communications and commerce have dealt a great blow on the political boundaries of states otherwise referred to as Sovereignty. Sovereign equality presupposes that each state enjoys the rights inherent in full sovereignty. This seems to be the basic principle of international law equally recognized by the United Nations. Sovereignty is the central pillar of the contemporary international system. No wonder, within the United Nations (UN)...

ABSTRACT

Human rights are rights that have come to be guaranteed over time, to all men and women, irrespective of race or creed. These rights extend to even the unborn, in certain circumstances. However, in many societies, women are subject to discriminatory tendencies in the form of laws, policies and practices that derogate from their human rights, simply became of their gender. Many international instruments have been put in place to stem these negative tendencies, especially thr...

ABSTRACT

The fundamental target of both Islamic law of war and international Humanitarian law is to protect the Rights and Persons of both combatants and non-combatants during and after the hostilities thus, the amount and extent of violence applied in war must be limited to achieving military objective, that is to subdue the enemy, such an action/violence should be proportionate, in other words, there should be a clear distinction between combatants and non-combatants, meaning, the...

ABSTRACT

Marriage under Islamic law, as an institute is generally the cradle of any legitimate family and society. Hence the success of marriage must eventually lead to the success and development of the society. Where however marriage is marred with multiple problems and instability, no meaningful family life and relationship can be achieved and that may lead to the degeneration of the entire society. Nowadays in our society, spouses are ignorant of their rights as well as their co...

ABSTRACT

The issue of tax can be understood to mean a compulsory and mandatory contribution by way of payment of money made by the citizens of a country to their government for the purpose of financing public activities. Its major objectives are to raise money to finance government or public expenditures on utilities so as to achieve efficient and economic development and to distribute the nation‟s wealth in a manner as equitably as possible. All governments in the world rely on rev...

ABSTRACT

Environment pollution of different dimension has caused a lot of havocs to the health and wealth of some Nigerians. To this end, the study examines the array of legislation that provides for various remedies for victims of pollution in Nigeria. The study also analyzed various case laws their adequacy or otherwise. The study further investigates the mechanism for the enforcement of the claims by the victims of pollution in Nigeria. The general background of the study examine...

ABSTRACT

Recent efforts to secure tenure and enhance real property markets are under pressure from increasing demand and competition for land. While limited success in implementing land administration reform in the FCT have led to inefficiency, incoherent and poor land management, have been recognized as one of the key obstacles hindering change and also undermining its huge potential and global competitiveness. This thesis assesses the extent land administration reform under AGIS h...

ABSTRACT

The tax regime of small and medium business enterprises was a snow ball of international agitation specially international monetary fund (IMF). To Nigeria Government to diversify her revenue base from Petroleum tax which consisted of 80% percent of the total revenue. Consequentially, the idea of SMBE tax was introduced in furtherance of tax reforms a committee was constituted in 1991 and January 1993, after the feasibility study of SMBE the report submitted to the Federal g...

ABSTRACT

Economic circumstances like the recession and cut-throat competition in recent years have now forced companies to pay closer attention to their corporate policies and strategies for dealing with economic opportunities and for remaining one step ahead of competition. This is true for the highly industrialized economies as it is for less developed countries where multinational, transnational and local companies compete vigorously with one another for market share and for good...

ABSTRACT

A nation’s financial system is made up of the Money Market, Capital Market and the Insurance Market. While Central Bank of Nigeria serves as the apex regulatory organization of the Nigerian Money Market, the Securities and Exchange Commission (SEC) is the apex regulatory body of the Nigerian Capital Market, while the National Insurance Commission (NAICOM) regulates the Insurance Sector. Capital Market, in simple terms, is a market for raising long-term funds. It is th...

ABSTRACT

Juvenile Justice System is a special track of the criminal justice system. Essentially, the system is expected to be child-friendly in form and application. The need for a child-friendly justice system is borne out of the realization that children are vulnerable and that subjecting a child offender to the full weight of the criminal justice system will have an adverse effect on the child and the society in general. The general criminal justice system including juvenile just...

ABSTRACT

Insurance scheme is put in place to fall back on in the event of risk or calamity occurrence. Nigerian Statutes require that every motor vehicle owner must possess at least third party insurance policy. However, the conventional insurance contradicts certain elements of Islamic law which make it unlawful and unacceptable. Thus, majority of Muslims (believers) and other adherents have refused to adopt the conventional insurance and subsequently, called for alternative sharia...

ABSTRACT

Prisoners in Nigeria are often perceived and categorized as “outcast”. The belief of many is that, once you are a prisoner, you are automatically a “bad egg” in the society. There is an illconceived notion that prison inmates have no rights within the general population. The importance of this research work cannot be over emphasised as it seeks to enlighten the reader of the fact that though there are rights available and at the disposal of prisoners...

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...

ABSTRACT

This study 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 in comp...

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...

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...

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...

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...

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...

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...

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 shall gov...

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...

STATEMENT OF PROBLEMS

The principles and Effect for selling land is what this study deals with the transfer of interest in land that has already been in existence for a long time, even before the introduction of General law (known as the English law). This aspect of contract has been abused, and misunderstood therefore this study seeks to throw light on such aspect. This study seeks to highlight the various problems in this area such as: a) The various stage in conv...

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 has been pointed out...

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...

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....

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...

ABSTRACT

This study 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 banks is...

ABSTRACT

This study 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 country...

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 present soc...

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...

Problems of the Research

There are many problems affecting the petroleum profit tax in general and the petroleum profit tax assessment in particular. These include the problems relating to the PPT administration, the complexity of PPT/MOU calculation, and the problems of PPT avoidance and evasion. There is no doubt about the significance of strong, able and effective administration in any system. It is widely agreed that one of the main aims of taxation is to raise...

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...

STATEMENT OF PROBLEM

The provision of the Holy Qur’an and the Sunnah of the Prophet (SAW) has specifically and unambiguously state those that are debarred from inheritance. This debarment is either partial or complete. But the problem lies on the arguments forwarded by each school of Islamic Jurisprudence or jurists with respect to a particular bar on inheritance. It will not be feasible for the Muslim world if these arguments can go on without careful regard...

ABSTRACT

The study 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 environmen...

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...

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...

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...

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 procedure for...

ABSTRACT

This study 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 provide good...

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...

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...

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...

ABSTRACT

The study provided a comparative Analysis Of The Conflict Situations And Choice Of Laws In The Nigerian Legal System And Other Legal Systems. The specific objectives were geared towards describing the operation of the legal system in cases of conflicting laws and the choie of laws considering the relevance of foreign judgement and international laws.

ABSTRACT

This study 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. Patents and indu...

ABSRACT

This study 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 example,...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

Aim and Objectives of the Research

The aim of this research is to examine the fiscal regime for production sharing contracts in the upstream petroleum industry in Nigeria. It examines the concept, features, history and major outlines of production sharing contracts (PSCs) in the upstream sector of the oil and gas industry vis-à-vis the relevant statutes governing the system with the aim of highlighting the numerous lacuna and the challenges they present in pr...

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:  In...

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...

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...

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...

ABSTRACT

This study 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...

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...

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...

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...

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...

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...

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....

ABSTRACT

This study 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 of the N...

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 di...

ABSTRACT

The aim of this study 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...

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....

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...

ABSTRACT

This study 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 Nigeri...

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...

ABSTRACT

Government at all levels are forced to prioritise and restrict public expenditures due to budget deficits and the inefficient management of large infrastructure projects. Due to the shortage of resources for healthcare delivery leading to decline in the quality of care, there is considerable interest in PPP initiatives for the provision of finance and management of health care to ordinary people. The PPP option due to its complexities has led to some projects failure leadin...

ABSTRACT

In Nigeria since the first case of HIV/AIDS was reported in 1986, HIV prevalence has increase significantly. This increase has become very worrisome to the Nigerian society because large number of children who are living with HIV/AIDS suffers from discriminatory practices and stigmatization. The concerns for these maltreatments at various levels despite the existing laws on the protection of these children generally constitute the problem of this research work. The research...

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...

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...

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...

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...

ABSTRACT

The purpose of this study is to improve the productivity of the Kusalla reservoir towards a sustainable domestic water supply and irrigation activities in the area. The aim of this study is to assess the level of sedimentation in the reservoir, and this was achieved by determining the current depth of the reservoir, the characterization of the land use within the catchment area of the reservoir as well as the effect of landuse changes on the sedimentation rate of the reserv...

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...

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...

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...

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...

ABSTRACT

This study 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 persecutions and...

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...

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 Economic...

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...

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...

ABSTRACT

This study 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, the sou...

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...

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...

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...

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...

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-àvis the opinion of the four schools of tho...

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...

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...

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 selfautonomy, 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 house l...

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...

ABSTRACT

Acceptable dispute resolution mechanism is a major factor intending investors seek before investing in any viable international contractual relationship. The Nigerian capital market is a major player of wealth creating and improving the Nigerian economy as the market is open to both local and international investors. Disputes being part of human nature may occur in business relationship. The Nigerian capital market is a special kind of market and transactions before the mar...

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...

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...

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...

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 th e part of th e insured not to dis cl ose or to m ake misrepresentation will automatically void the contract abinitio or to exclude the other par...

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...

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...

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...

ABSTRACT

This study 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 that Sma...

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...

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...

ABSTRACT

This study entitled “An Appraisal of the Development of Legal Framework 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 justification for this research...

ABSTRACT

This study 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 scholar...

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...

ABSTRACT

This study 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 justification fo...

ABSTRACT

This study 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, segregatio...

ABSTRACT

This research examined the concept of collective security under international law and specifically examined the basis of the existence of such arrangements, the challenges and problems facing them and also proffered solutions to identified problems by way of recommendations at the end of the research. The doctrinal method of research was used to analyze the concept of collective security under international law generally with particular reference to the West African region....

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...

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...

ABSTRACT

This study 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 committed...

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...

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...

ABSTRACT

This study 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 su...

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...

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 enterprises) and the...

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...

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...

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...

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...

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...

The laws which govern employment occupy a position of considerable importance in any modern society. This is so because of the tremendous contributions which workers can make to national growth and development, as well as the general well-being of the nation’s citizenry. Labour law has a vital role to play in the mobilization of the work force for national growth. The major players in employment  are essentially-the employer and the employee and whenever there is a contractual rela...

ABSTRACT

The ECOWAS Inter-Governmental Action Group Against Money Laundering and Terrorist Financing in West African (GIABA) is a specialized institution of ECOWAS with a mandate to develop anti-money laundering and counter financing of terrorism measures, as well as a Financial Action Task Force Style of Regional Body (FSRB) with its headquarters in Dakar, Republic of Senegal. Its mandate is to develop anti-money laundering and counter terrorism financing (AML/CTF) measures, and to...

ABSTRACT T

his research entitled: “The Role of Intellectual Property (IP) Law in the Growth of Small and Medium Enterprises (SMEs) in Nigeria” was untaken to find out how IP laws can help SMEs thrive in the market place in the growth and development of Nigerian as it has done in other developed and developing countries; and if not, why and also to identify possible solutions. In pursuit of the above, the research examined the role of IP plays in the growth of SMEs. In th...

ABSTRACT

The partitioning and subsequent introduction of European colonial governance in West Africa with its policy of legitimate trade in one or two cash crops to serve Europe‘s industrial needs eroded indigenous industrial skills and the basis for development of sustainable interactive economic activities in West Africa. As a result, by the time most of the new nation states of West Africa gained independence in the 1960s, they were left with structurally fragile and highly...

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...

ABSTRACT

This study 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 i...

Problems of the Research

Adultery as an offence has been defined as an act which is prohibited by Almighty Allah. The principles and punishment are also outlined under Islamic law. Nowadays, some Muslims do not heed the doctrine of Islamic law, things which are made; they regard it to be harmful to them and what is forbidden by Almighty Allah they make it a thing to do an example of the commission of adultery. Married men and women may leave their marital homes to g...

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 interstate situation like Nigeria. For instance, according to the tra...

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...

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...

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...

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...

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...

ABSTRACT

This study 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 papers...

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...

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...

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...

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...

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...

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...

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 developmen...

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...

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 noncompliance in that the cumber...

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 Nextof-...

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 demand and therefore a lucrative business for drug trafficke...

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 and writte...

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...

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...

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...

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...

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...

ABSTRACT

This study 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. It is t...

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...

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...

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 the whims a...

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...

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...

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...

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...

ABSTRACT

This study 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 through habeas corpus, mand...

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...

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 Arabic language. The rules of Is...

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...

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...

ABSTRACT

This study 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 of...

ABSTRACT

The main aims and objectives of this study 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 all crimes, the...

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 this research are relevant justification of this research is that despi...

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...

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 dissertation entitled “A Legal Examination of the Role of Taxation in Revenue Generation and Economic Development in Nigeria” was chosen. This...

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...

ABSTRACT

The international community saw the need for unity, peace, cooperation, and a state of security. This task was given the UNSC. But due to its inability to handle the plethora of breach of peace situations the world is experiencing creates a lot of doubts as to the seriousness of this body to carry on the task assigned her. Some of the question this research intends to answer is to see how committed the Security Council members are in maintaining and promoting world peace an...

ABSTRACTS

In the system of Administration of Justice in Nigeria, Attorney General occupies a very prominent position. As the Chief Law Officer and Minister for Justice, Attorney General exercises a controlling authority in the conduct of any civil proceeding affecting government or any of its agencies. For example, no garnishee order affecting public funds in the hand of any public functionary or any corporation or organization shall be executed without the prior consent of the Atto...

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...

ABSTRACT

It is common knowledge that the age long principle of Separation of powers allocates the governmental functions of law making, law implementation and law interpretation to the Legislative, Executive and Judicial arms of government respectively and each arm is to function independently without any unwarranted intermeddling.

It is trite that the function of lawmaking for peaceful coexistence and ord...

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...

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...

BACKGROUND INFORMATION

Nigeria operates a federal system of government under which system each tier of government has its legislative competence or functions conferred on it as the case may be. It is significant to note that Federalism in Nigeria dates back to 1954 when the country which had hitherto been administered as a Unitary state was restructured into three quasi-self governing and administered regions1 . It is equally noteworthy that shortly before and since the independence...

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...

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 corruption...

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 is because, ijbar is a concept related to marriage guardianship (wilayat-un-nikah) and it connotes the power entrusted upon parents/guardians to marry off his ward in order to secure the...

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...

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...

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...

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 and efficiency are conditions for healthy public revenue. The decision to refo...

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...

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...

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...

ABSTRACT

This study 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 properti...

Meaning and Nature

The nature of contract of employment is the relationship between an employer and his employee comes into existence as a result of a contract between them generally referred to a contract of service, which means any agreement whether oral or written, expressed or implied, where by one person agrees to employ another as a worker and that other person agrees to serve the employer as a worker as contained in Labour Act <...

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...

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...

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...

 SCOPE OF THE STUDY

This research primarily cuts across Nigeria as a nation. It focuses on the Nigerian law and International conventions applicable in Nigeria for the protection of women’s rights. It further examines the effect of negative socio-cultural practices prevalent in the different Nigerian societies and other challenges affecting the rights of women in Nigeria.

1.5     SIGNIFICANCE OF THE STUDY

ABSTRACT

Since the transformation of the Organization of African Unity (OAU) to African Union (A.U.) various measures were adopted by the newly formed organization to promote peace and security in the African continent, apart from the efforts of the United Nations (UN) whose primary purpose is to promote peace and security all over the world. The role of the newly formed African Union has been expanded to include issue of human right promotion, conflict management, promotion of good...

ABSTRACT

This thesis entitled: “The Right to Self-Determination; A Case Study of South Sudan” centered on the legal challenges inherent in the attainment of statehood through self-determination outcomes. The thesis from the general perspective is directed towards addressing the problem of securing independence through selfdetermination of peoples as well as the ensuing legal challenges associated with post secession disputes particularly as it relates to South Sudan. The...

ABSTRACT

The status of the right to economic self-determination for states and peoples has been firmly established in international, regional and domestic laws. However, the evidence of practical enjoyment of such right by the beneficiaries of the laws is scanty, to say the least, as neither states nor peoples fully enjoy such right in the face of the economic reality of today’s global world. It also appears that there exists a disconnect between the legal regime guaranteeing...