Law

Research Papers/Topics in Law

RIGHT OF EXPRESSION UNDER THE NIGERIAN CONSTITUTION. ISSUES AND CHALLENGES

ABSTRACTThe entrenchment of Right of Expression as a fundamental human right in Nigeria could be traced to the 1960 Independence Constitution and those that followed it. The Independence Constitution of 1960 and the Republican Constitution of 1963 have provisions for the protection of fundamental human rights. The 1979 and the 1999 constitutions went further by providing a bill of right. This entrenchment of human right provisions in our constitutions was aimed at creating a society which pro...

DISCUSS THE VARIOUS PROVISION AND SECTION OF THE LAND USE ACT OF 1998

ABSTRACTWe have watched over the decades the problems encountered in the acquisition of land and subsequently in obtaining the approval of a certificate of occupancy and housing delivery in Nigeria. At the kickoff of the Land Use Act 1978, it was stated that “whereas it is in the public interest that the rights of all Nigerians to the land of Nigeria be asserted and upheld by law”. Our business is not really another criticism against the Act, but an in-depth evaluation of how it has attai...

A CRITICAL OVERVIEW OF THE CONSENT PROVISIONS UNDER THE LAND USE ACT, 1978.

ABSTRACTThe Land Use Act as a single piece of legislation which came into force on 29th March, 1978 has generated more controversy than any piece of legislation of its kind. The sore point of this enactment is the consent requirement provided under the Act especially Sections 21 and 22 therein.Ever since the consent requirement of the Land Use Act made its first debut in our courts for interpretation in the case of Savannah Bank V. Ajilo(1989) 1 NWLR(pt.97) 305, much juristic ink has bee...

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Peter Durba 15 PAGES (6183 WORDS) Law Paper
LAW OF EVIDENCE

MEANING OF THE LAW OF EVIDENCEThe Law of Evidence is an aspect of procedural law which relates to proof of facts before the court, how facts may be proved, who may prove, and what facts may or may not be proved in a court of law.WHAT IS EVIDENCEThere are various definitions of evidence. But there is no universal definition of evidence. Each of the definitions is open to one criticism or the other and as such none of them attains the status of universal acceptance.Firstly, according to Taylor,...

DOCTRINE OF "RES GESTAE"

INTRODUCTIONRes gestae is an English doctrine of Latin origin statement that constitute part of res gestae are attributed a certain degree of reliability because they are contemporaneous, making them admissible by virtue of ‘the nature and strength’ of their connection with a particular event and their ability to explain it comprehensively. It is a doctrine with a notable’s significance In Nigeria evidence law in respect of admissibility of evidence in prove of relevant fact to fact in ...

NOTE ON THE LAW OF CONTRACT

Contract entails an agreement between two or more persons via consensus adi dem with the intention to create legal relations. This note covers the requisite knowledge needed for the law of contract and it is recommended for law students, researchers, project writers, etc.

THE EFFECT OF PERSONAL INCOME TAX AND PAY-AS-YOU-EARN SCHEME ON NIGERIAN WORKERS

The law regulating Personal Income Tax in Nigeria is the Personal Income Tax (Amendment) Act 2011. The Personal Income Tax Act Subsidiary Legislation further provides for the regulations to be used in the operation of the Pay As You Earn scheme. Personal Income Tax in Nigeria is a long standing concept which is and would still be operational for a very long time. The Pay As You Ea...

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...


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