Law

Research Papers/Topics Law

THE DOCTRINE OF THE RULE OF LAW UNDER ISLAMIC LAW AND ITS JURISTIC APPROACH IN THE MUSLIM STATE

ABSTRACTThe doctrine of the Rule of Law is of no doubt a well established and rooted doctrine under Islamic legal system as well as the conventional legal system. From the time of the ruling of the Noble Prophet of Islam (PBUH) to the time of the four rightly guided Caliphs, this doctrine of rule of law is well followed and this can be seen in the various practices of the Noble Prophet and the rightly guided Caliphs. However, over time, due to the partial submission of some aspect of Islamic ...

THE EXECUTIVE UNDER ISLAMIC CONSTITUTIONAL SYSTEM AND NIGERIA 1999 CONSTITUTION: A COMPARISON.

ABSTRACTGovernment is a concept that is not alien to Islamic law. The Prophet was seen in his administrative activities, receives, execute and interpret laws divinely received from Allah. Thus, the executive arm under the Islamic governance is of utmost priority. The four rightly guided caliphs undertook this role and perform same with sincerity and dignity. Under the Nigerian Federalism, the executive arm of government plays enormous role in the administration of governmental activities in t...

PROVOCATION AS A DEFENCE TO THE CRIME OF MURDER UNDER COMMON AND ISLAMIC LAW

ABSTRACT mso-ansi-language:EN-US">Major legal systems across the globe have evolvedrules and principles for dealing with various situations. These situations areinclusive of different legal concepts like marriages, inheritance, offencesetc. The rules and regulations are either man-made or divine as it exist underthe common law and Islamic law respectively. Thus, it is conceivable thatdifferent legal system will proffer different ways of dealing with the samelegal concept. The offence of...

A COMPARATIVE ANALYSIS OF THE INTESTATE RULES OF SUCCESSION AND THE TESTATE RULES OF SUCCESSION IN NIGERIA

ABSTRACT Death is an inevitable end of everyone. All societies even the crudest, have a form in which individual’s property will be dealt with after they die. Wills are generally unknown and partially alien to indigenous Nigerian culture. In some instances however, some terms of testamentary disposition of property are made to safeguard and avoid the various problems that may likely arise after the death of a family head. Succession, a concept of family set up is centered on a person dying ...

Peter Durba 56 PAGES (19119 WORDS) Law Project
A COMPARATIVE ANALYSIS OF THE MEANS OF PROVING ADULTERY UNDER ISLAMIC LAW AND SELECTED NATIONAL PENAL LAWS

ABSTRACT Whether as a religious crime or as an offence in non-religious laws, the issue of adultery appears to be problematic. Islamic law as an example of religious law not only considers adultery as a sinful act but prescribes specific ways of proving it. In the same manner, some national penal laws criminalize adultery as an offence worthy of punishment. This work is a comparative investigation of the prescribed methodologies of proving adultery within a religious and non-religious legal c...

Globalisation And Internationalisation Of Policy Making For international Governments

Introduction One of the terms that is used by everyone regardless they are businessmen, politicians or academicians and whose meaning and nature are not settled is the term “globalization”. The origin of the word globalization is “global”. The word global may take different meanings in different languages. The most common meaning however is the 3D geometric figure. According to Meydan Larousse the term global means “undertaken entirely”. This is the meaning attributed to the word ...

An appraisal of the legislative provisions and executive policies on tax incentive as veritable tool for economic development in nigeria

ABSTRACT Tax incentives are deliberate reduction in tax liability granted to investors to encourage particular economic units to act in some deliberate way (eg invest more, produce more, employ more, exploit more, save more, conserve less, pollute less and so on). They include adjustments to tax policy aimed at lessening the effects of taxation on an industry, a group of persons or the provision of certain services to investors. These incentives are basically designed to attract new inv...

Peter Durba 281 PAGES (51438 WORDS) Law Project
Law making process in Nigeria: Maximal critique

ABSTRACT The concepts of democracy and governance have come to occupy a more “prominent position in the discourse of national and international development”. They have become key notions in which “citizens can have a more active role” which should enhance their positive view of the “increase legitimacy of the state”. As a matter of fact, both concepts are inseparable from the existential characteristics of all political animals all over the world. They continue to determi...

Peter Durba 98 PAGES (24163 WORDS) Law Project
ROLES OF LEGISLATURE IN IMPEACHMENT PROCEDINGS UNDER 1999 CONSTITUTION

ABSTRACT The aim of this study is to explore the roles of Legislature in impeachment proceeding under the 1999 constitution. The principal function of the Legislative arm of government is to legislate and make law for good governance in accordance with the provisions of the constitution. The Legislative power is vested in the National Assembly which consists of the Senate and the House of Representatives while the Legislative power of a stateis vested in the State House of Assembly. Th...

Alex Raji 91 PAGES (17334 WORDS) Law Project
THE IMPACT OF MOTIVATION ON EMPLOYEE’S JOB PERFORMANCE IN AN ORGANISATION (A CASE STUDY OF ACCESS BANK PLC OKPARA AVENUE AND ABAKALIKI ROAD BRANCHES, ENUGU)

ABSTRACT  This study is aimed at determining the impact of motivation on employee‟s job performance in an organization. (A case study of Access Bank Plc). The purpose here is to investigate and identify factors responsible for the current state of affairs and seek to find practical solution for lack of staff motivation and job performance. The research design is survey research design comprising of opinions, impressions and perceptions of the respondents. The sampling technique was simple ...

THE LEGAL FRAMEWORK FOR DOUBLE TAXATION IN NIGERIA

GENERAL INTRODUCTION1.0.0: INTRODUCTIONTaxation is a significant consideration for foreign investors that seek to do business in Nigeria, in addition to other factors such as security, rule of law, access to appropriate infrastructure (e.g. electric power), etc. Strategically leveraging Nigeria’s status as the 26th largest economy in the world, and the biggest in Africa , through beneficial economic partnerships in the form of tax treaties within Africa and on a global level may help to inc...

Peter Durba 62 PAGES (24545 WORDS) Law Project
ABORTION AND THE LEGALITY QUESTIONS: A COMPARATIVE STUDY OF NIGERIAN AND AUSTRALIAN LAWS

ABSTRACT The pandemic of unsafe abortion in Nigeria caused partly by the restrictive nature of the law which prohibits induced abortion except to save a pregnant woman’s life and which has led to a denial of abortion in public hospitals or within the ambit of the law thereby compelling most women who are determined to terminate their unwanted pregnancies to resort to clandestinely unsafe abortion in the hands unskilled health care providers and more often than not in unsanitary conditions. ...

Peter Durba 85 PAGES (17512 WORDS) Law Project
Criminal liability for certain copyright infringement

    INTRODUCTIONCopyright is a major platform or format by which works eligible for copyright are protected against unauthorized use. The necessities of extending to the creator of the works in which copyright subsist a suitable reward for his labors has long been recognized and cannot seriously be questioned . Copyright law performs a number of important functions. It facilitates public access to knowledge and a wide range use of creative works of authorship and, in so doing, it helps educ...

Peter Durba 70 PAGES (17678 WORDS) Law Project
FEMALE GENITAL MUTILATION: A CHILD RIGHT OR CULTURAL IMPERIALISM

ABSTRACT Female genital mutilation (FGM) or female circumcision (FC) is to some people in the society, a barbaric practice while to others it is a custom and a respectable cultural practice. There have been several municipal and international laws enacted over the years in furtherance of the quest to abolish the practice of FGM as it is asserted to be harmful to the health of the girl child. However, there are similar practices in the Western World that are not regarded as barbaric or harmful...

Peter Durba 40 PAGES (15834 WORDS) Law Project
THE IMPORTANCE OF MENS REA IN ESTABLISHING CRIMINAL LIABILITY VIS-A-VIS THE RATIONALE FOR STRICT LIABILITY OFFENCES

ABSTRACT  “Mens Rea”, the mental element of an offence can be in the form of intention, recklessness, knowledge and in some instances, negligence or any other state of mind prescribed by the law creating an offence. Developed and integrated into the English criminal law around the twelfth century to the thirteenth century when it was fully integrated into the English criminal law, it has alongside actus reus (physical element), concurrence and causation become an integral part of the law...

Peter Durba 50 PAGES (21016 WORDS) Law Project

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