ABSTRACTMore than 100 years ago the UK house of Lords in the famous Solomon case established a maxism that a company is a separate legal entity distinct from its members. Thereby it determined the directions of modern company law and the nature of private limited companies similar doctrines are incorporated in the statutory provisions of continental countries, Nigeria being a case study here. A separate legal personality and limited liability as a device has aimed to induce investment...
ABSTRACTThe source of law in most African countries is Customary law, the Common law and legislation both colonial and post-independent. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to Customary law.Customary law has great impact in the area of addressing matters such as civil wrongs, crimes and traditional matter since this law developed in an era dominated by patriarchy where some of its norms conflict with...
ABSTRACT The source of law in most African countries is Customary law, the Common law and legislation both colonial and post-independent. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to Customary law. Customary law has great impact in the area of addressing matters such as civil wrongs, crimes and traditional matter since this law developed in an era dominated by patriarchy where some of its norms conflict wi...
ABSTRACTCompany law forms one of the major areas of law today in Nigeria. The basis of this research work is to focus on the concept of criminal liability of corporations in Nigeria. In this regard, it basically looks at the corporation as a legal personality or as a person who can be liable for a crime just like a natural person. And therefore it looks at the various crimes that can be committed by a company under Nigerian law and the corresponding penalties for such an offence or offences.�...
ABSTRACT Deep seated perception that women are inferior to men is rooted in customary believes long held. This perception fuels various practices, some, varying among the various customary groups, and others cutting across them. The negative characteristic that binds these customary practices, and which serves as the basis for this work: is that they violate the rights of women in Nigeria. This essay examines these customary law practices and violence against women. Customary law is appli...
ABSTRACTTOPIC: Customary law rule of primogeniture and its discriminating effects on women’s inheritance right in Nigeria: A call for reformation.BODY:The patterns of inheritance particularly intestate estate under the customary law in Nigeria , have almost as many variations as there are ethnic groups in the country and many of the variations are discriminatory in practice. The perception of many societies in Nigeria that women are inferior to men adversely affects women’s right of inher...
Introduction It’s common knowledge that the law legal system is generally based on a precedent. Precedent law is developing under the authority of a legal case according to which a judicial body is obligated to treat similar facts or issues and according to which the law of the state may be changed. In law, sedition is overt conduct, such as speech and organisation that tends towards insurrection against the established order. Article 19 of the UN chatter states that “everyone has the r...
INTRODUCTION It has become a common practice in Nigeria for parties who intend to contract a statutory marriage to marry first under customary law before the solemnization of the statutory marriage. This practice may be explained by the fact that though Western civilization and culture have permeated Nigerian society, most people, even the most sophisticated understandably regard themselves as bound by the customary law of their place of origin. The Nigerian Marriage Act has given validit...
INTRODUCTION One of the first and basic characteristics of insurance is that it is a contingent contract, that is,it depends on the happening of a future event which is outside the control of the parties to the contract. In other words, uncertainty is key in the contract of insurance. Uncertainty of the event occurring relates to risk, as there is a probability that a risk may occur but as to when is uncertain. Hence, it can be said that insurance is a risk pulling and redistribution mechan...
legal methods
ABSTRACT The general belief in Nigeria is that women are inferior to men, and this has a negative impact on women as regards succession under customary laws. Hence, the issue of gender discrimination remains a bane in the society despite various attempts both at the international and municipal level to curb such excesses.This paper examines the rights Nigerian women have to inherit under the customary/intestate laws of the major ethnic groups (Ibo, Yoruba and Benin) in Nigeria, as well a...
ABSTRACT The topic under surveillance is “An Appraisal of Hearsay Rule in Nigeria and so it goes beyond a mere determination of what the Hearsay Rule translates to and touches on the actual working and operation of the rule within contemporary Nigerian society. We have considered the background of the rule in Nigeria and discovered that Nigeria is a country where rumours and hearsays statements are treated as concrete facts and this finding justifies the exclusion of the rule agai...
ABSTRACT In England and other common law jurisdictions provocation operates as a mitigatory or partial defence to murder aimed at the reduction of that crime to the lesser offence of voluntary(or intentional)manslaughter. For a plea of provocation to succeed the jury must be satisfied that the accused was deprived of her self-control at the time of the killing(the subjective test)and that this was the result of wrongful conduct serious enough to provoke an ordinary or reasonable perso...
INTRODUCTION To qualify as a lawyer in Nigeria, you must have spent a minimum of five years (four years for direct entry students) at a university in Nigeria and one year at the Nigerian law school for a practical training course, which culminates in the Bar Final Examinations. Apart from the aforesaid, there are other ways of qualifying as a lawyer in Nigeria. However, it is the most common method of becoming a lawyer in Nigeria, and a majority of lawyers in the country passed through this p...
ABSTRACT This long essay is concerned with the concept of legitimacy, which is an important concept, as it determines the status of a child in relation to the society, while a legitimate child is conferred with the rights and duties of a legitimate child, which includes right to maintenance, succession among other rights, an illegitimate child is denied of these right by virtue of the fact of his illegitimate birth and he remain so, until and unless he is legitimated either by the subsequent ...