Law

Research Papers/Topics in Law

JUSTICIABILITY OF THE FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLE OF STATE POLICY UNDER CHAPTER TWO OF THE 1999 CONSTITUTION; LESSON FROM THE PROGRESSIVE INTERPRETATION BY INDIAN COURTS

ABSTRACTThis Long essay sets out to analyse the provisions of chapter  II of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 and the attitudes of Nigerian courts to its enforceability. It argues that the claim of non-enforceability of Chapter II is a reflection of class politics which is programmed against the interests of the poor and downtrodden, and not necessarily because the Constitution ousts the jurisdictional competence of the court to adjudicate on implementation...

AN APPRAISAL OF THE NIGERIAN ELECTORAL LAWS AND THE INTRODUCTION OF SMART CARD READERS; A CASE STUDY OF THE 2015 GENERAL ELECTIONS

ABSTRACTThe electoral process is an all encompassing process that includes registration of voters, identifying the political parties to be voted for, voting, counting of votes, declaration of election results as well as procedures and avenue for challenging election results. Elections have become the most acceptable process of changing leadership in any given political system in the present day. Election has been defined as the process of selecting a person to occupy a position or office, usu...

THE TRAVAILS OF A NEW WIG IN NIGERIA AND THE WAY FORWARD FOR A ROOKIE LAWYER

INTRODUCTIONTo 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 pr...

A CRITICAL APPRISAL OF LEGITIMACY AND LEGITIMATION UNDER NIGERIAN FAMILY LAW

ABSTRACTThis 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 m...

THE IMPORTANCE OF MENS REA IN ESTABLISHING CRIMINAL LIABILITY VIS-A-VIS THE RATIONALE FOR STRICT LIABILITY OFFENCES

ABSTRACT “Mens Rea”, the mental element of an offence can be in the form of intention, recklessness, knowledge and in some instances, negligence or any other state of mind prescribed by the law creating an offence. Developed and integrated into the English criminal law around the twelfth century to the thirteenth century when it was fully integrated into the English criminal law, it has alongside actus reus (physical element), concurrence and causation become an integral part of the ...

FEMALE GENITAL MUTILATION: A CHILD RIGHT OR CULTURAL IMPERIALISM

ABSTRACTFemale genital mutilation (FGM) or female circumcision (FC) is to some people in the society, a barbaric practice while to others it is a custom and a respectable cultural practice. There have been several municipal and international laws enacted over the years in furtherance of the quest to abolish the practice of FGM as it is asserted to be harmful to the health of the girl child. However, there are similar practices in the Western World that are not regarded as barbaric or harmful ...

Criminal liability for certain copyright infringement

    INTRODUCTIONCopyright is a major platform or format by which works eligible for copyright are protected against unauthorized use. The necessities of extending to the creator of the works in which copyright subsist a suitable reward for his labors has long been recognized and cannot seriously be questioned . Copyright law performs a number of important functions. It facilitates public access to knowledge and a wide range use of creative works of authorship and, in so doing, it he...

ABORTION AND THE LEGALITY QUESTIONS: A COMPARATIVE STUDY OF NIGERIAN AND AUSTRALIAN LAWS

ABSTRACTThe pandemic of unsafe abortion in Nigeria caused partly by the restrictive nature of the law which prohibits induced abortion except to save a pregnant woman’s life and which has led to a denial of abortion in public hospitals or within the ambit of the law thereby compelling most women who are determined to terminate their unwanted pregnancies to resort to clandestinely unsafe abortion in the hands unskilled health care providers and more often than not in unsanitary conditions. T...

COMPLETE AND COMPREHENSIVE COMPANY LAW NOTE

THIS CONTAINS A  COMPREHENSIVE AND COMPLETE COMPANY LAW NOTE, SUITABLE FOR LAW TEACHERS, LEGAL PRACTITIONERS, STUDENTS (BOTH AT UNDERGRADUATE AND LAW SCHOOL) AND THE GENERAL PUBLIC. COURSE OUTLINE CORPORATE AFFAIRS COMMISSION (CAC) FORMATION OF A COMPANY•  Taking instructions from the client.•  Preparation of the incorporation documents.•  Filing and Registration at the CAC.• Effect of Incorporation. ALIEN PARTICIPATION IN BUSINESS• Righ...

THE LEGAL FRAMEWORK FOR DOUBLE TAXATION IN NIGERIA

GENERAL INTRODUCTION1.0.0: INTRODUCTIONTaxation is a significant consideration for foreign investors that seek to do business in Nigeria, in addition to other factors such as security, rule of law, access to appropriate infrastructure (e.g. electric power), etc. Strategically leveraging Nigeria’s status as the 26th largest economy in the world, and the biggest in Africa , through beneficial economic partnerships in the form of tax treaties within Africa and on a global level may help to in...

A COMPARATIVE ANALYSIS OF THE MEANS OF PROVING ADULTERY UNDER ISLAMIC LAW AND SELECTED NATIONAL PENAL LAWS

ABSTRACTWhether as a religious crime or as an offence in non-religious laws, the issue of adultery appears to be problematic. Islamic law as an example of religious law not only considers adultery as a sinful act but prescribes specific ways of proving it. In the same manner, some national penal laws criminalize adultery as an offence worthy of punishment. This work is a comparative investigation of the prescribed methodologies of proving adultery within a religious and non-religious legal co...

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

ABSTRACT TABLE OF CONTENTS COVERPAGE…………………………………………………………………i ATTESTATION………………………………………………………………  ii CERTIFICATION PAGE……………………………………………………..iii ABSTRACT………...

THE EXECUTIVE UNDER ISLAMIC CONSTITUTIONAL SYSTEM AND NIGERIA 1999 CONSTITUTION: A COMPARISON.

ABSTRACTGovernment is a concept that is not alien to Islamic law. The Prophet was seen in his administrative activities, receives, execute and interpret laws divinely received from Allah. Thus, the executive arm under the Islamic governance is of utmost priority. The four rightly guided caliphs undertook this role and perform same with sincerity and dignity. Under the Nigerian Federalism, the executive arm of government plays enormous role in the administration of governmental activities in t...

THE DOCTRINE OF THE RULE OF LAW UNDER ISLAMIC LAW AND ITS JURISTIC APPROACH IN THE MUSLIM STATE

ABSTRACTThe doctrine of the Rule of Law is of no doubt a well established and rooted doctrine under Islamic legal system as well as the conventional legal system. From the time of the ruling of the Noble Prophet of Islam (PBUH) to the time of the four rightly guided Caliphs, this doctrine of rule of law is well followed and this can be seen in the various practices of the Noble Prophet and the rightly guided Caliphs. However, over time, due to the partial submission of some aspect of Islamic ...


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