Research Papers/Topics in Law

An Assessment of Islamic Law as Customary Law vis a vis the Supreme Court Ruling in Alkamawa v Bello and Anor 1998 6 SCNJ 127

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 in...

The Nigerian Executive and Legislature Relationship: Need for a Balance

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. 

The Legal Status of Economically Dependent Workers in Nigeria.

This work basically deals with a new category of workers called "the EDWs". This category of workers are products of globalization/modernisation. Their legal status is somewhat uncertain in jurisdictions like Nigeria. We have therefore, provided a discourse on these workers, who they are, what they do and what the law says about them. We concluded by making salient recommendations which if followed will solve some problems of uncertainty surrounding these workers in Nigeria. 

“Constructive notice and the Turquand rule: a comparison between the common law position and the relevant provisions of the Companies Act 71 of 2008."

CONTENTSTitle Page................................................................................................................... 11. Introduction................................................................................................................ 31.1 General................................................................................................................ 31.2 Problem Statement..........................................................................................

Utility of Confessional Statement in Criminal Trials

AbstractA 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 increas...

CRITICAL EXAMINATION OF ASSAULT AS A TORT OF TRESPASS TO PERSON

ABSTRACTThe 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 se...

ALTERNATIVE DISPUTE RESOLUTION: ITS PRACTICABILITY AND OTHERWISE IN SETTLING MATRIMONIAL DISPUTES.

Can two walk unless they are agreed? Since Marriage is about two people (the man and woman), who are of different background, opinion, ideologies, vocation, etc. there is bound to be the presence of elements of disagreement or disagreements between them, which may finally lead into an action for divorce in Court. An action for divorce been brought in court is not prone to solutions through judicial process, but can be solved through other means aside the normal court process. The...

Mortgage Financing in Nigeria: Prospects and Challenges

ABSTRACTMortgage financing are structured financial arrangements provided byapproved financial institutions that accept real estate as security for theloan. Basically, mortgage financing is used to acquire or purchase ordevelop a property. However, it is also used to access the equity on anexisting property. This research work examined various mortgagefinancing policies in Nigeria, highlight their performance with a view toidentify the challenges inhibiting the optimal performance of themortg...

COMPETENCE AND COMPELLABILITY IS CHILD EVIDENCE ADMISSIBLE

ABSTRACTDetermination of lawsuits is highly dependent on these availability of evidence. In law, every person is a competent witness in any judicial proceeding unless otherwise prevented by the law. And every compellable witness is a competent witness as the court will not compel anyone to give evidence, if he is incompetent to do so.However, it is not every competent witness that is compellable in court. Competence does not imply ‘reliable,’ thus a witness may legally speaking n...

An Appraisal Of The Liabilities Of A Company For The Acts Of Its Directors

ABSTRACT A company can be described as a legal entity or a body corporate, having perpetual succession and also a common seal, as well as the ability to sue and be sued in its own corporate name. Suffice to state, also that the company upon its incorporation can acquire property in its corporation name. This corporate personality, gives the company the status of a person; albeit artificial, having all the qualities of a normal human being. It should be noted, that a company is by vi...

Critical Appraisal on Opinion Evidence

ABSTRACT Generally, where a court is faced with the problem of determining a suit before it, such can only be solved after making an enquiry into the relevant facts of the evidence put before it by the parties, drawing inferences from those facts, and listening to arguments of parties to the case or of their counsel. Evidence is there from called as a means by which those facts can be proved. Evidence of what the witness thinks, believes or infers in regard to fa...

Transfer of Family Land in Nigeria; An Exploration of Powers of Family Members

ABSTRACTFamily land is land that belongs to a family as a whole under customary law. From time immemorial through the period of agriculture to the period of industrial development, land has remained the most valuable property in the life of man and his development. It is a source of wealth to those who have it and the mother of all properties. In other words, virtually all the basic needs of human existence are land dependent . The emphasis of the concept of customary family land holding...

A Comparative Analysis of The Intestate Rules of Succession And The Testate Rules of Succession in Nigeria

ABSTRACTDeath is an inevitable end of everyone. All societies even the crudest, have a form in which individual’s property will be dealt with after they die. Wills are generally unknown and partially alien to indigenous Nigerian culture. In some instances however, some terms of testamentary disposition of property are made to safeguard and avoid the various problems that may likely arise after the death of a family head. Succession, a concept of family set up is centered on a person dying a...

Provocation As A Defence To The Crime Of Murder Under Common And Islamic Law

ABSTRACTMajor legal systems across the globe have evolved rules and principles for dealing with various situations. These situations are inclusive of different legal concepts like marriages, inheritance, offences etc. The rules and regulations are either man-made or divine as it exist under the common law and Islamic law respectively. Thus, it is conceivable that different legal system will proffer different ways of dealing with the same legal concept. The offence of murder is no exception in...

Analytical Approach On Double Taxation In The Nigerian Tax Administration

ABSTRACTTaxation in Nigeria is one of the major source of revenue for it an be said that it generates between 75% to 80% of Nigerian revenue. Taxation in Nigeria is however bedeviled with a lot of problem one of which is double taxation.It is the practice in Nigeria for income tax to be imposed both on worldwide income derived by residents of Nigeria and on income derived by non-residents generated within the country. The effect of such a system is that income derived by a resident of Nigeria...


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