Law

Research Papers/Topics in Law

OWNERSHIP AND CONTROL OF MINERAL RESOURCES UNDER THE SHARIAH AND NIGERIAN STATUTE. A COMPARATIVE ANALYSIS

ABSTRACTMost countries have conferred the power/ownership of their resources on their government, not allowing individuals to lay claim to them. This has been beneficial for international business purposes, especially in the petroleum sector and has ensured stable revenue which is then distributed amongst the individual states in the country; while some countries like the USA recognize both state and individual ownership. Associated with exploration and exploitation activities of most natural...

PROVOCATION AS A DEFENCE TO CRIMINAL LIABILTY

ABSTRACTProvocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers.The general requirement is that of the deceased must have been caused by accused upon provocation induced by the deceased himself and this must be offered before the accused had time for his passion to cool down. The injury inflicted must a...

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...

ROLES OF LEGISLATURE IN IMPEACHMENT PROCEDINGS UNDER THE 1999 CONSTITUTION

ABSTRACTThe aim of this study is to explore the roles of Legislature in impeachment proceeding under the 1999 constitution.The principal function of the Legislative arm of government is to legislate and make law for good governance in accordance with the provisions of the constitution. The Legislative power is vested in the National Assembly which consists of the Senate and the House of Representatives while the Legislative power of a state is vested in the State House of Assembly.The Legisla...

THE LAND USE ACT OF 1978. APPRAISAL, PROBLEMS AND PROSPECTS

ABSTRACTFrom 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. In view of the importance and usefulness of land to man and his development as well as the development of his society, every person generally d...

THE CONCEPT OF ARTIFICIAL LEGAL ENTITY AND LIMITED LIABILITY IN ISLAMIC LAW

AbstractMany orientalists, among others Joseph Schacht  , are of the view that Islamic Legal System does not recognize the concept of “Juristic Person” i.e. Corporations, Universities and Organizations. This is our point of departure and we attempt to highlight in this paper that Islamic Law recognizes “Juristic Person”. Admittedly though the term “Juristic Person” is not being mentioned specifically by the classical texts of Islamic Jurisprudence, it ...

THE NIGERIAN COPYRIGHT COMMISSION AND ADMINISTRATION OF COPYRIGHT IN NIGERIA (AN APPRAISAL)

ABSTRACTMan over the years has metamorphosed both physically and in ideas. This progressive undeniable dynamism in human nature has made it quit vital that man must be creative and not just that, but also innovative to satisfy his ever increasing unsuitable wants, thereby prompting some legal installation to this effect. This piece of work is propelled   toward  examining the creative work of man vis-à-vis the way he can be protected against any undue and unwarranted  encroa...

ANALYSIS OF THE VARIOUS SCHOOLS OF THOUGHT IN RELATION TO THE MEANING OF LAW

ABSTRACTLaw can be defined as the body of rule designed or formulated to guide human actions or conducts which are enforced among the members of a given society, the breach of which attract sanctions.However, in spite of the ambiguity created in defining law and failure to reach universally acceptable definition of the term law. Therefore, it is most pertinent to examine the meaning of law from the different schools. For instance the natural school lead by Thomus Acquina, he sees law as what ...

CRITICAL ANALYSIS OF CORROBORATION UNDER THE NIGERIAN LAW OF EVIDENCE

ABSTRACTThere is no law that says the plaintiff or the prosecution must bring a million witnesses or evidence to court before he can succeed in his case. A court can convict on a single witness. A case is not decided by the numbers of witnesses, single credible convincing evidence is enough to convict in a case but there are some exceptions”. The exceptions refer to by this learned mean the circumstances where corroboration will be required before any judge can decide his case. Although...

A CRITICAL ANALYSIS OF THE SECTION 144 OF THE 1999 CONSTITUTION (MUSA YAR’ADUA AS A CASE STUDY)

ABSTRACTOn the 23rd of November, 2009, President Musa Yar’Adua left Nigeria for treatment abroad in an undisclosed country. For the next 80 days, nobody heard from or saw the federal republic of Nigeria. Even the vice-president, Goodluck Jonathan, could not give any reasonable report of the president’s whereabouts. The activities of the federal executive council became suddenly shrouded and ambiguous. As expected, question about the whereabouts and status of the president began ...

A CRITICAL APPRAISAL OF ELECTION LAWS IN NIGERIA

ABSTRACTThe electoral process is a total process that includes registration of voters, identifying the political parties to be voted for, voting, counting of votes, and declaration of election results. This process is the foundation of civil societies. A strong civil society is vital and needed to serve as the bedrock of a stable democracy. It represents the reservoir of resources -- political, economic, cultural, and moral -- to complement and, when necessary, to check the power of the state...

A HOLISTIC APPRAISAL OF THE CONCEPT OF TRUST UNDER THE NIGERIAN JURISPRUDENCE

ABSTRACTAccording to some authors, the meaning of trust as a legal concept is traceable to the moral connotation of the term which eventually informed its jurisprudential basis. Literally, trust means confidence reposed in others. It was this moral obligation that was eventually developed into a legal concept by the English chancery court and it became part of the Nigerian legal jurisprudence through statutory enactments, its administration regulated by established principles of equity and st...

AN APPRAISAL OF INTERNATIONAL CRIMES AND THE OPERATIONS OF THE INTERNATIONAL CRIMINAL COURT

ABSTRACTThe traditional focus of International Law has been upon the rights and obligations of states while International Criminal Law regulates the conduct of individuals and also punishes those who commit heinous and barbaric crimes against others. The most prevalent of these crimes include genocide, crimes against peace, war crimes and crimes against humanity.After the end of World War II, the Allies tried Nazi leaders responsible for the massacre to demonstrate that such would not be perm...

AN APPRAISAL OF THE APPLICATION OF ALTERNATIVE DISPUTE RESOLUTION METHODS TO MARRIAGE DISPUTES

ABSTRACTMarriage is a union entered into by two parties in every jurisdiction i. e, marriage is a universal occurrence. Although the legal process involved (either in formality or requirement) varies from one jurisdiction to another, marriage is often characterized by disputes which range from divorce to custody of children, maintenance e. t. c. Marriage, as examined in this context, is limited to that conducted under statutes.In resolving these disputes, recourse is made to adjudication. But...

AN APPRAISAL OF THE DOCTRINE OF DOMICILE UNDER THE PRIVATE INTERNATIONAL LAW

ABSTRACTThis write up is to assess the quality of the value of the doctrine of domicile under the Private International Law i. e Conflict of laws.Private International Law is that part of law of a country which deals with cases having a foreign element. It is therefore the that part of law that comes into into play whenever the issue before the affect some events/ facts/ transactions that are so closely connected with a foreign system of laws as to necessitate recourse to that system.The law ...


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