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...
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...
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-Ã -vis the way he can be protected against any undue and unwarranted encroa...
ANALYSIS OF THE VARIOUS SCHOOLS OF THOUGHT IN RELATION TO THE MEANING OF LAW
ABSTRACTLaw can be defined as the body of rule designed or formulated to guide human actions or conducts which are enforced among the members of a given society, the breach of which attract sanctions.However, in spite of the ambiguity created in defining law and failure to reach universally acceptable definition of the term law. Therefore, it is most pertinent to examine the meaning of law from the different schools. For instance the natural school lead by Thomus Acquina, he sees law as what ...
CRITICAL ANALYSIS OF CORROBORATION UNDER THE NIGERIAN LAW OF EVIDENCE
ABSTRACTThere is no law that says the plaintiff or the prosecution must bring a million witnesses or evidence to court before he can succeed in his case. A court can convict on a single witness. A case is not decided by the numbers of witnesses, single credible convincing evidence is enough to convict in a case but there are some exceptionsâ€. The exceptions refer to by this learned mean the circumstances where corroboration will be required before any judge can decide his case. Although...
A CRITICAL ANALYSIS OF THE SECTION 144 OF THE 1999 CONSTITUTION (MUSA YAR’ADUA AS A CASE STUDY)
ABSTRACTOn the 23rd of November, 2009, President Musa Yar’Adua left Nigeria for treatment abroad in an undisclosed country. For the next 80 days, nobody heard from or saw the federal republic of Nigeria. Even the vice-president, Goodluck Jonathan, could not give any reasonable report of the president’s whereabouts. The activities of the federal executive council became suddenly shrouded and ambiguous. As expected, question about the whereabouts and status of the president began ...
A CRITICAL APPRAISAL OF ELECTION LAWS IN NIGERIA
ABSTRACTThe electoral process is a total process that includes registration of voters, identifying the political parties to be voted for, voting, counting of votes, and declaration of election results. This process is the foundation of civil societies. A strong civil society is vital and needed to serve as the bedrock of a stable democracy. It represents the reservoir of resources -- political, economic, cultural, and moral -- to complement and, when necessary, to check the power of the state...
A HOLISTIC APPRAISAL OF THE CONCEPT OF TRUST UNDER THE NIGERIAN JURISPRUDENCE
ABSTRACTAccording to some authors, the meaning of trust as a legal concept is traceable to the moral connotation of the term which eventually informed its jurisprudential basis. Literally, trust means confidence reposed in others. It was this moral obligation that was eventually developed into a legal concept by the English chancery court and it became part of the Nigerian legal jurisprudence through statutory enactments, its administration regulated by established principles of equity and st...
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