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...
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..........................................................................................
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...
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...
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. Therefore pe...
ABSTRACT Mortgage 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 themor...
ABSTRACT Determination 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 speakin...
This work critically examines the rule of law and good governance as a tool in overcoming terrorism in Nigeria if well practice. It further examines the basic concepts of rule of law and good governance as presently practice in Nigeria and suggests ways in which they can be improve upon so as to be used as effective tools in overcoming terrorism in Nigeria. It also makes references to the criticisms of the rule of law and also some basic ingredients of good governance. It also states the caus...
This research examines the legal framework for human trafficking in Nigeria. The phenomenon of human trafficking, particularly in Nigeria has assumed alarming proportion. Nigeria’s poverty coupled with high rate of unemployment, massive devaluation of the local currency and civil and political unrest, are some of the factors responsible for a high rate of migration, and this paves way for human trafficking. The research examines the issue of human trafficking in Nigeria. The causes and effe...
ABSTRACT This research critically examines the relevance of International Humanitarian Law [IHL] to the development of multinational forces in the North East of Nigeria. International Humanitarian law is a law of armed conflict. The promulgation of various laws and the enforcement agencies in limiting the extent of feasible human suffering in times of armed conflicts has created some challenges and raised various questions. This research identifies the extent to which IHL can...
ABSTRACT The term marriage can be defined as the coming together of a man and a woman as husband and wife. In Nigeria, marriages are contracted in various ways which include statutory marriage, customary marriage and Islamic marriage. At the time of marriage, it is likely that neither of the parties envisages the possibility of dissolution of the marriage. However, in recent times, the high rate at which dissolution of marriages takes place all over the world, especially in the devel...
ABSTRACT Nuclear weapon is undoubtedly a weapon of mass destruction. Thus, the ways and manners by which various states and countries that are in possession of this weapons have been using them has been and is still a subject of debate among scholars. Under the International Law, there are various statutory instruments regulating the ways and manners wherein these weapons may be used. However, the level of adherence has been subjected to questions over the years. In view of the above submiss...
ABSTRACT Taxation 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 Nige...