Research Papers/Topics in Civil Law

The Challenges of The Doctrine of Separation of Powers Under The 1999 Nigerian Constitution

ABSTRACTThe Constitution of the Federal Republic of Nigeria, 1999 (as amended) made the theory of separation of powers a fundamental principle of state governance. The 1999 Constitution in different sections vested the powers of government in separate organs of government as follows: Section 4 deals with the Legislative powers; Section 5 deals with the Executive powers, while Section 6 is concerned with Judicial powers. This kind of separation of powers is known as the horizontal separ...

LEGALITY OF THE RESTRICTION OF MOVEMENT ORDER BY MR PRESIDENT By Mba Chiemela F

The Corona Virus has presented us with leaders making policies in order to curb the easy spread of the virus. One of these policies is the lock down by Nigerian Government, has this gone against our right to freedom of movement? Or is the lock down still within the ambit of law? 

SOCIAL MEDIA BETWEEN REGULATION AND FUNDAMENTAL HUMAN RIGHTS

n recent times the digital space has evolved from the common use of the Internet as a messaging and search tool into a medium of continuous social interaction. Social media interaction gave birth to the use of unconventional media and unprecedented rise in the Application such as Facebook, twitter, WhatsApp, yahoo messenger, LinkedIn to mention a few, have all emphasized the credence that social media has come to stay.Social media apps have aided globalization hence; promote continuous intera...

THE SCOURGE OF RAPE, A GLOBAL CONCERN

History has found the subject of a rape to be a recurrent phenomenon in all parts of the world, Nigeria inclusive. Often times it has come to stay a fact that women are perceived as weaker sex thus subjected to all sorts of unbelievable vices especially in Africa and Asia. This is informed by varying cultures which has brought about inequality and subjugation of the female folk. This subject has assumed a disturbing dimension that has become a global concern. The subjugation of women i...

AN APPRAISAL OF THE LAGOS STATE LAW ON THE PROHIBITION OF DOMESTIC VIOLENCE

AN APPRAISAL OF THE LAGOS STATE LAW ON THE PROHIBITION OF DOMESTIC VIOLENCE ABSTRACT The protection against domestic violence is a very crucial issue and is indispensable in the achievement of a safe and serene family and environmental life. Different forms of violence are perpetuated in numerous degrees daily especially against women and children who are usually on the receiving end. It is in recognition of the need to protect against violence and abuses that Lagos State has taken...

DECLARATION OF ASSETS AND LIABILITIES BY PUBLIC OFFICERS IN NIGERIA

The issue of declaration of assets and liabilities has become matter of serious interest to Nigerian's in recent times. This is coming as a result of President Muhammadu Buhari and his vice declaring their assets and liabilities publicly and the demand by the president that other Public officers should follow suit

RIGHT TO LIFE AND JUSTIFICATION FOR AND AGAINST THE ABOLITION OF CAPITAL PUNISHMENT UNDER HUMAN RIGHTS LAW

ABSTRACTThe right to life is the most basic, fundamental, primordial and supreme right which human beings are entitled to have and without which the protection of all other human rights becomes either meaningless or less effective. Indeed, the right of each person to life is something, which is intrinsic to his status as a human being and which is a necessary concomitant of human existence. The preservation of this right is one of the essential functions of the state and the numerou...

APPLICABILITY OF NATURAL LAW PRINCIPLES TO THE LAW OF NEGLIGENCE IN NIGERIA

ABSTRACTThe essence of creation of man in any environment is to interact, relate and have dealings with each other, in these relationships, certain level of moral standards is expected to be maintained which has necessitated the need for a guiding of conduct.Hence, the introduction of the law which is regarded as rules, and principles set out in order to streamline the activities of man with each other.Natural law theory emphasizes that, law has a divine or supernatural origin and for human l...

DO JUDGES MAKE LAW (A CURSORY LOOK AT THE RECURRING QUESTION)

ABSTRACTIt 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 orderliness in the society is vested in the recognized law making organ, in the Nigerian case...

JUSTIFICATION FOR AND THE ABOLITION OF CAPITAL PUNISHMENT UNDER HUMAN RIGHTS LAW

ABSTRACTThe legal infliction of death as a penalty for violating criminal law has been in existence from time immemorial, people have been put to death for various forms of wrong doings and methods of execution have included crucifixion, stoning, drowning, burning at stake, impaling and beheading. Today capital punishment is typically accomplished by lethal gas or injection, electrocution, hanging or shooting.The human right proponents see death penalties as a violation of the right to life a...

PROVOCATION AS A DEFENCE TO CRIMINAL LIABILTY

ABSTRACTProvocation 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 must a...

RIGHT OF EXPRESSION UNDER THE NIGERIAN CONSTITUTION. ISSUES AND CHALLENGES

ABSTRACTThe entrenchment of Right of Expression as a fundamental human right in Nigeria could be traced to the 1960 Independence Constitution and those that followed it. The Independence Constitution of 1960 and the Republican Constitution of 1963 have provisions for the protection of fundamental human rights. The 1979 and the 1999 constitutions went further by providing a bill of right. This entrenchment of human right provisions in our constitutions was aimed at creating a society which pro...

ROLES OF LEGISLATURE IN IMPEACHMENT PROCEDINGS UNDER THE 1999 CONSTITUTION

ABSTRACTThe 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 state is vested in the State House of Assembly.The Legisla...

THE NIGERIAN COPYRIGHT COMMISSION AND ADMINISTRATION OF COPYRIGHT IN NIGERIA (AN APPRAISAL)

ABSTRACTMan over the years has metamorphosed both physically and in ideas. This progressive undeniable dynamism in human nature has made it quit vital that man must be creative and not just that, but also innovative to satisfy his ever increasing unsuitable wants, thereby prompting some legal installation to this effect. This piece of work is propelled   toward  examining the creative work of man vis-à-vis the way he can be protected against any undue and unwarranted  encroa...

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