Law

Research Papers/Topics in Law

DOUBLE DECKER MARRIAGE IN NIGERIA (ISSUES, PROBLEMS AND SOLUTIONS)

ABSTRACTIt has become a common practice in Nigeria for parties who intend to contract a statutory marriage to marry first under customary law before the solemnization of the statutory marriage. This practice may be explained by the fact that though Western civilization and culture have permeated Nigerian society, most people, even the most sophisticated understandably regard themselves as bound by the customary law of their place of origin. The Nigerian Marriage Act has given validity to this...

DUTY OF CARE ITS IMPLICATIONS TO THE MEDICAL PROFESSION IN NIGERIA

ABSTRACTThe Medical field is one of the most referred and reverenced profession in that it deals with the lives of human beings and in the course of their dealings with patients, these patients go through tests, operations, diagnosis to mention but a few.The Medical professionals in the course of discharging their duties are sometimes Negligent as regards adhering strictly to their professional Code of Conduct. For instance where a doctor leaves operating instruments in the abdomen of a patie...

EGBASE V ORIAREGHAN (1985) EFFECT OF NON EST FACTUM ON CONTRACT

ABSTRACTMan is by nature a social animal. An individual who is unsocial naturally and not accidentally is either beneath our notice or more than human. Anyone who either cannot lead the common life or is so self-sufficient as not to need to, and therefore does not partake of the society, is either a beast or a god.1This quote by Aristotle poignantly points out the fact that interactions with ourselves as human beings is a must, and the need for this interactions often lead to the necessi...

EXAMINING PUBLIC PRIVATE PARTNERSHIP IN NIGERIA (POTENTIALS AND CHALLENGES)

ABSTRACTPublic Private Partnership has been said to be a long term agreement between a government agency and a private partner for the delivery of goods or services with both party sharing in the risks and rewards inherent in the delivery of the goods or service which include financial risks and responsibilities.Public Private Partnership is an answer to the high demand for infrastructure which is at an all time high which is not being currently met by traditional contracting methods. Private...

JUDICIAL ATTITUDE TO HOMICIDE IN NIGERIA

ABSTRACTCriminal Law in Nigeria is so wide that it applies to a wide range of crimes. a crime is and act that is deemed by a statute or by the Common Law to be a public wrong and is therefore punishable by the state in Criminal proceeding. The crime of homicide which can be divided into two namely, lawful homicide which is a division of homicide justified or excused by law and they are self defence, suppression of riot, defence of property etc. unlawful homicide is prohibited by law with very...

JUSTIFICATION FOR AND THE ABOLITION OF CAPITAL PUNISHMENT UNDER HUMAN RIGHTS LAW

ABSTRACTThe legal infliction of death as a penalty for violating criminal law has been in existence from time immemorial, people have been put to death for various forms of wrong doings and methods of execution have included crucifixion, stoning, drowning, burning at stake, impaling and beheading. Today capital punishment is typically accomplished by lethal gas or injection, electrocution, hanging or shooting.The human right proponents see death penalties as a violation of the right to life a...

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...


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