ABSTRACT This thesis concerns the main obstacles surrounding the implementation and enforcement of international humanitarian law in all forms of armed conflicts are found on all sides of such conflicts. States tend to show an unwillingness to admit that a situation meets the requirements for non-international armed conflicts. States are equally reluctant in such cases to recognise that the rebels opposing it constitute parties to those conflicts. Armed insurgent factions, on the other hand, ...
ABSTRACT The electoral process is an all encompassing process that includes registration of voters, identifying the political parties to be voted for, voting, counting of votes, declaration of election results as well as procedures and avenue for challenging election results. Elections have become the most acceptable process of changing leadership in any given political system in the present day. Election has been defined as the process of selecting a person to occupy a position or office, us...
ABSTRACT This Long essay sets out to analyse the provisions of chapter II of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 and the attitudes of Nigerian courts to its enforceability. It argues that the claim of non-enforceability of Chapter II is a reflection of class politics which is programmed against the interests of the poor and downtrodden, and not necessarily because the Constitution ousts the jurisdictional competence of the court to adjudicate on implementation o...
ABSTRACTEver since independence, the criminal justice system of Nigeria has accommodated capital punishment which is also known as “death penalty”, as a punitive measure for specifically defined offences. In the past 15 years, scholars, researchers and students of penology and criminology have championed the debate for abolition of death penalty and vice versa. As of December 31st 2013, the number of abolitionist states stood at 140, while that of the retentionist States stood at 58, with...
ABSTRACTThe issue of corruption has led to loss of confidence in Nigeria by its citizens at home and abroad including the international community at large due to the activities of fraudsters, corrupt public officials and mis-governance by our leaders. On the international scene, Nigeria has been blacklisted as a slate in which integrity and transparency are alien and where no transactions occur without greasing palms. There is a culture of unregulated informal economy, inefficient contract aw...
ABSTRACT. This research work is centred on Law as it Were: the Place of Social and Moral Value in Contemporary Nigeria. The Law is as old as the creation of man and all of God’s creatures. He made Law to ensure the Harmony and Peaceful co-existence among his Creatures. By his Laws, He defined the limit for man. Law in any Society is as old as the society itself. This is because when a Society or Community is formed, Laws are usually put in place to ensure the Continuity of that Society or C...
ABSTRACT One of the defences open to an accused which may exculpate or mitigate him from criminal liability is provocation. The law recognizes that human beings are prone to losing their control under extreme rage and should they react violently, justice demands that account be taken of this natural tendency of theirs in inflicting punishment. The defence of provocation is available to an accused as a mitigating defence rather than an absolute one because much as the law recognizes human wea...
ABSTRACTMore than 100 years ago the UK house of Lords in the famous Solomon case established a maxism that a company is a separate legal entity distinct from its members. Thereby it determined the directions of modern company law and the nature of private limited companies similar doctrines are incorporated in the statutory provisions of continental countries, Nigeria being a case study here. A separate legal personality and limited liability as a device has aimed to induce investment...
ABSTRACTThe source of law in most African countries is Customary law, the Common law and legislation both colonial and post-independent. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to Customary law.Customary law has great impact in the area of addressing matters such as civil wrongs, crimes and traditional matter since this law developed in an era dominated by patriarchy where some of its norms conflict with...
ABSTRACT The source of law in most African countries is Customary law, the Common law and legislation both colonial and post-independent. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to Customary law. Customary law has great impact in the area of addressing matters such as civil wrongs, crimes and traditional matter since this law developed in an era dominated by patriarchy where some of its norms conflict wi...
ABSTRACTCompany law forms one of the major areas of law today in Nigeria. The basis of this research work is to focus on the concept of criminal liability of corporations in Nigeria. In this regard, it basically looks at the corporation as a legal personality or as a person who can be liable for a crime just like a natural person. And therefore it looks at the various crimes that can be committed by a company under Nigerian law and the corresponding penalties for such an offence or offences.�...
ABSTRACT Deep seated perception that women are inferior to men is rooted in customary believes long held. This perception fuels various practices, some, varying among the various customary groups, and others cutting across them. The negative characteristic that binds these customary practices, and which serves as the basis for this work: is that they violate the rights of women in Nigeria. This essay examines these customary law practices and violence against women. Customary law is appli...
ABSTRACTTOPIC: Customary law rule of primogeniture and its discriminating effects on women’s inheritance right in Nigeria: A call for reformation.BODY:The patterns of inheritance particularly intestate estate under the customary law in Nigeria , have almost as many variations as there are ethnic groups in the country and many of the variations are discriminatory in practice. The perception of many societies in Nigeria that women are inferior to men adversely affects women’s right of inher...
Introduction It’s common knowledge that the law legal system is generally based on a precedent. Precedent law is developing under the authority of a legal case according to which a judicial body is obligated to treat similar facts or issues and according to which the law of the state may be changed. In law, sedition is overt conduct, such as speech and organisation that tends towards insurrection against the established order. Article 19 of the UN chatter states that “everyone has the r...
INTRODUCTION It has become a common practice in Nigeria for parties who intend to contract a statutory marriage to marry first under customary law before the solemnization of the statutory marriage. This practice may be explained by the fact that though Western civilization and culture have permeated Nigerian society, most people, even the most sophisticated understandably regard themselves as bound by the customary law of their place of origin. The Nigerian Marriage Act has given validit...