Professional medical negligence or malpractice has been on the increase and needs to be addressed in terms of the attitude of law towards medical practice for the protection of the patient to make the physician liable as well as to secure punitive punishment for any medical practitioner who through carelessness causes harm to a patient. Moreover there is the need to caution medical practitioners who have sent many patients to their untimely graves in the course of their professional duties. I...
ABSTRACT There has been a controversy as to the question whether Islamic law can be classified as customary law in Nigeria. There exists a divide among jurisprudential scholars as to the answer to this question but the prevailing school of thought sees Islamic law as customary law. This position is supported by Nigerian Statues as is made evident by the provision of section 2 of the Native Courts Law 1957 and its succeeding legislations which states that ‘native law and custom includes...
Disputes are bound to arise as long as human interaction is concerned. What however differentiates man from other animals is his ability to manage his disputes. Over the years, a very popular method of resolving disputes is through litigation/the court. This presentation briefly juxtaposes litigation and alternative dispute resolution mechanisms, carefully showing how ADR fits into the best interest of clients than litigation.
In every democratic setting, it is clear that a smooth relationship between the executive arm of government and the legislative arm of government is a sine qua non for a good governance, and vice versa. In Nigeria, this relationship is really a topical problem as each of these arms is seen fighting hard to establish its supremacy over the other, despite the various platforms provided by the Constitution for a synergy between them. Introduction As a matter of introduction, there is no gain-s...
CONTENTSTitle Page................................................................................................................... 11. Introduction................................................................................................................ 31.1 General................................................................................................................ 31.2 Problem Statement..........................................................................................
In any given transaction, time, as a general rule, is of the essence unless otherwise excluded by law, nature of the transaction or by the parties thereto. Time stipulation in transactions is not only important in ensuring prompt performance of obligations but also relevant in terms of timely enforcement of rights that may arise thereunder. While time of performance often times, is expressly stipulated by parties, the period for the enforcement of rights arising thereunder is normally prescri...
Abstract Corporate sustainability reporting has become an issue of vital importance as globalisation and the impacts of businesses on the environment and society have become more evident. Pressing issues like climate change as a result of man-made activities and other environmental disasters have caused stakeholders, investors, NGOs and governments to demand for more transparency from corporations with the hope that this could lead to a change in the behaviour of corporations towards the envi...
A major way to boost any economy is by availability of credit to business enterprises. However, there are many factors that could hinder the availability of credit in the society; lack of adequate legal framework for secured financing is one of them. There is a direct relationship between a good legal framework for security devices and the availability of credit in a country. This paper looks at rights and liabilities of creditors and debtors in a secured credit transaction especially in ligh...
This article touches on the Nigerian pensions reform of 2014 and its applicability. It also elucidates the innovations therein.
The role of the Bench, Bar and other investigative agencies in Nigeria's anti-corruption fight is quite beyond doubt. Though Nigeria's Criminal Code and the Penal Code makes extensive provisions criminalizing all corrupt acts, the procedure required to be employed when dealing with allegations of corruption in some certain offices is as provided by the 1999 constitution of Nigeria, however these constitutional provisions has of recent brought to the front burner argument on the role of the Be...
Law is an instrument of social engineering, it dictates the the development of any given society. The instrument of law must be employed to curb arbitrariness and the excesses of power hence the very important role played by law in a Democratic setting so as to prevent a gradual slide into insanity and anarchy.
Abstract A person standing trial for a criminal offence enjoys the presumption of innocence until his guilt is proved, the proof of which must be beyond reasonable doubt. Nonetheless, the suspect can confess to the commission of the crime and the court is empowered to convict, based on the weight of such confession. Incidentally, the court is often faced with objections to the admissibility of confessional statements based on the ground of retraction or involuntariness. Despite increased evi...
IP's role in the global economy is becoming more significant as, increasingly, the most innovative companies are those that trade not in goods, but services, ideas, technology, and data. Kodak is out. Instagram is in
ABSTRACT The conception held by many including the average man on the streets about assault is that it connotes battery i.e. the direct act of a person that causes bodily contact with another person in an unlawful way without his consent. This definition is against the real meaning of assault in most jurisdictions since assault truly means an unlawful act of putting another person in the imminent fear of battery. However, the term assault is used concurrently with battery instead of being a s...
There has been arguments as to the existence of any form of Law in Africa before colonization by some authors like Driberg, Holleman, Smith and hosts of other; who denied the existence of African Philosophy of Law on the one part and others like Elias, Idowu and some other African authors; who had favourably argued the existence of African Philosophy of Law on the other part. This study intends to support the view of African authors that there exists African Philosophy of Law in Traditional...