Common Law Research Papers/Topics

PROVOCATION AS A DEFENCE TO CRIMINAL LIABILITY

ABSTRACT Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers.   The general requirement is that of the deceased must have been caused by accused upon provocation induced by the deceased himself and this must be offered before the accused had time for his passion to cool down. The injury inflicted m...

Insolvency Law in Nigeria

Introduction Debt is as old as human existence. In Nigeria, Insolvency procedures are mainly contained in the Companies and Allied Matters Act Cap C20 Law of the Federation of Nigeria 2004 (CAMA), even though there are pockets of other legislations with features of insolvency. Insolvency has been described as a situation when a legal or natural person is unable to pay debt. Over the ages, every definition or description of this concept has always pointed to the same result, that of inability ...

Extradition Process in Nigeria

Introduction Extradition is a process whereby a suspect or one already convicted of a crime is formally transferred to the State where he or she is wanted to face trial for the crime(s) committed or to serve a sentence after being convicted by the relevant court of law. Extradition could also be described, as a surrender of any person who is sought by the requesting state for criminal prosecution and for extraditable offence(s) or for the imposition of a sentence in respect of such oence or o...

Law of torts notes

The Definition of Torts Torts are an action that wrongly causes harm to someone but that is not a crime and that is dealt with in a civil court. In other hand tort mean that, wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation.

A Critical Review of Effectiveness of Compulsory Treatment and Care for Victims of Gunshot Act 2017 in Nigerian Hospitals

ABSTRACT Background: victims of gunshot in Nigeria have for a long time found it very difficult to get prompt medical attention in healthcare centres all over the country; this is occasioned by the practice of demanding for a police report from injured persons before they can be given medical attention. On this basis, compulsory Treatment and Care for Victims of Gunshot Act was signed in January, 2018, to address the problem. Objectives: to examine the level of compliance of the Act by Nige...

The Guji-Oromo Women Places in the Society (Polio-Economic and Socio-Cultural Rights): In reference to the Gadaa System, South Ethiopia

This section starts with the historical review of Ethiopian women‘s roles and status analyzed from a feminist perspective. The aim is to find out whether there were feminist tendencies among the actions of women in the past and what forms those had. What has to be kept in mind is that women‘s right, question and other related issues, in the past and at present, were strongly influenced by the political and religious culture of society that continues unabated. Taking this into consideratio...

Editorial: Restructuring Nigeria, True Federalism or a Journey towards Confederacy?

This  maiden  editorial  of  the  Carnelian  Journal  of  Law  and  Politics examines  a  vital  question that  is essential  to the  Nigerian polity.  There have been  many  commentaries on the  imperfect  federalism practiced  in Nigeria,  which  is  the  consequence  of  the  foundational  problems  with  the Constitution  of  the  Federal  Republic  of  Nigeria,  1999.  Despite  the attempt  of  the  constitution  to  make  evident  the  re...

ADMINISTRATION OF CRIMINIAL JUSTICE ACT(1)

ABSTRACT Administration of Criminal Justice Act, 2015 is an Act of National Assembly which is applicable to all criminal trials for offences established by an Act of the National Assembly and other offences punishable in the Federal Capital Territory, Abuja. That is, it is applicable in all Federal High Court Divisions, High Court of FCT, Abuja and Magistrates’ Courts within the FCT, Abuja. In the same vein, some states of the federation like Kogi State, Delta State and others have domestic...