Law

Law Research Papers/Topics

RIGHT TO LIFE AND JUSTIFICATION FOR AND AGAINST THE ABOLITION OF CAPITAL PUNISHMENT UNDER HUMAN RIGHTS LAW

ABSTRACT The right to life is the most basic, fundamental, primordial and supreme right which human beings are entitled to have and without which the protection of all other human rights becomes either meaningless or less effective. Indeed, the right of each person to life is something, which is intrinsic to his status as a human being and which is a necessary concomitant of human existence. The preservation of this right is one of the essential functions of the state and the numerous provi...

Mortgage Financing in Nigeria: Prospects and Challenges

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...

The Nigerian Civil War and the failure of United Nations: A Jurisprudential Analysis

In the decade since the International Criminal Court (ICC) came into existence, there is wide awareness, though little true understanding, of the work of the international criminal tribunals. International prosecutions of high-ranking civilian and military leaders, including former heads of state, on charges of crimes against humanity, war crimes, crime of aggression and genocide, represent for many the ultimate condemnation of these individuals of their fall from power. Yet, despite th...

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

ABSTRACT From 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 ...

ROLES OF LEGISLATURE IN IMPEACHMENT PROCEDINGS UNDER THE 1999 CONSTITUTION

ABSTRACT The 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 Leg...

RIGHT OF EXPRESSION UNDER THE NIGERIAN CONSTITUTION. ISSUES AND CHALLENGES

ABSTRACT The 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 pr...

PROVOCATION AS A DEFENCE TO CRIMINAL LIABILTY

ABSTRACT Provocation 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 mus...

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

ABSTRACT Most 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 natura...

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

ABSTRACT The 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 lif...

JUDICIAL ATTITUDE TO HOMICIDE IN NIGERIA

ABSTRACT Criminal 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 ver...

EXAMINING PUBLIC PRIVATE PARTNERSHIP IN NIGERIA (POTENTIALS AND CHALLENGES)

ABSTRACT Public 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. Priv...

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

ABSTRACT Man 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.1 This 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 necess...

DUTY OF CARE ITS IMPLICATIONS TO THE MEDICAL PROFESSION IN NIGERIA

ABSTRACT The 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 pa...

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

ABSTRACT It 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 thi...

DO JUDGES MAKE LAW (A CURSORY LOOK AT THE RECURRING QUESTION)

ABSTRACT It is common knowledge that the age long principle of Separation of powers allocates the governmental functions of law making, law implementation and law interpretation to the Legislative, Executive and Judicial arms of government respectively and each arm is to function independently without any unwarranted intermeddling. It is trite that the function of lawmaking for peaceful coexistence and orderliness in the society is vested in the recognized law making organ, in the Nigerian c...


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