Professional medical negligence or malpractice has been on the increase and needs to be addressed in terms of the attitude of law towards medical practice for the protection of the patient to make the physician liable as well as to secure punitive punishment for any medical practitioner who through carelessness causes harm to a patient. Moreover... Continue Reading
ABSTRACT There has been a controversy as to the question whether Islamic law can be classified as customary law in Nigeria. There exists a divide among jurisprudential scholars as to the answer to this question but the prevailing school of thought sees Islamic law as customary law. This position is supported by Nigerian Statues as is made... Continue Reading
In every democratic setting, it is clear that a smooth relationship between the executive arm of government and the legislative arm of government is a sine qua non for a good governance, and vice versa. In Nigeria, this relationship is really a topical problem as each of these arms is seen fighting hard to establish its supremacy over the other,... Continue Reading
Abstract A person standing trial for a criminal offence enjoys the presumption of innocence until his guilt is proved, the proof of which must be beyond reasonable doubt. Nonetheless, the suspect can confess to the commission of the crime and the court is empowered to convict, based on the weight of such confession. Incidentally, the court is... Continue Reading
ABSTRACT The conception held by many including the average man on the streets about assault is that it connotes battery i.e. the direct act of a person that causes bodily contact with another person in an unlawful way without his consent. This definition is against the real meaning of assault in most jurisdictions since assault truly means an... Continue Reading
Can two walk unless they are agreed? Since Marriage is about two people (the man and woman), who are of different background, opinion, ideologies, vocation, etc. there is bound to be the presence of elements of disagreement or disagreements between them, which may finally lead into an action for divorce in Court. An action for divorce been brought... Continue Reading
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... Continue Reading
ABSTRACT Determination of lawsuits is highly dependent on these availability of evidence. In law, every person is a competent witness in any judicial proceeding unless otherwise prevented by the law. And every compellable witness is a competent witness as the court will not compel anyone to give evidence, if he is incompetent to do so. However, it... Continue Reading
ABSTRACT Deep seated perception that women are inferior to men is rooted in customary believes long held. This perception fuels various practices, some, varying among the various customary groups, and others cutting across them. The negative characteristic that binds these customary practices, and which serves as the basis for this work: is... Continue Reading
ABSTRACT Company law forms one of the major areas of law today in Nigeria. The basis of this research work is to focus on the concept of criminal liability of corporations in Nigeria. In this regard, it basically looks at the corporation as a legal personality or as a person who can be liable for a crime just like a natural person. And therefore... Continue Reading
ABSTRACT The source of law in most African countries is Customary law, the Common law and legislation both colonial and post-independent. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to Customary law. Customary law has great impact in the area of addressing... Continue Reading
ABSTRACT The source of law in most African countries is Customary law, the Common law and legislation both colonial and post-independent. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to Customary law. Customary law has great impact in the area of addressing... Continue Reading
ABSTRACT More than 100 years ago the UK house of Lords in the famous Solomon case established a maxism that a company is a separate legal entity distinct from its members. Thereby it determined the directions of modern company law and the nature of private limited companies similar doctrines are incorporated in the statutory provisions of... Continue Reading
ABSTRACT One of the defences open to an accused which may exculpate or mitigate him from criminal liability is provocation. The law recognizes that human beings are prone to losing their control under extreme rage and should they react violently, justice demands that account be taken of this natural tendency of theirs in inflicting punishment.... Continue Reading
ABSTRACT. This research work is centred on Law as it Were: the Place of Social and Moral Value in Contemporary Nigeria. The Law is as old as the creation of man and all of God’s creatures. He made Law to ensure the Harmony and Peaceful co-existence among his Creatures. By his Laws, He defined the limit for man. Law in any Society is as old as... Continue Reading
ABSTRACT The issue of corruption has led to loss of confidence in Nigeria by its citizens at home and abroad including the international community at large due to the activities of fraudsters, corrupt public officials and mis-governance by our leaders. On the international scene, Nigeria has been blacklisted as a slate in which integrity and... Continue Reading
ABSTRACT Ever since independence, the criminal justice system of Nigeria has accommodated capital punishment which is also known as “death penalty”, as a punitive measure for specifically defined offences. In the past 15 years, scholars, researchers and students of penology and criminology have championed the debate for abolition of death... Continue Reading
ABSTRACT The 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... Continue Reading
ABSTRACT Generally, where a court is faced with the problem of determining a suit before it, such can only be solved after making an enquiry into the relevant facts of the evidence put before it by the parties, drawing inferences from those facts, and listening to arguments of parties to the case or of their counsel. Evidence is there from... Continue Reading
ABSTRACT Death 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... Continue Reading
ABSTRACT Major legal systems across the globe have evolved rules and principles for dealing with various situations. These situations are inclusive of different legal concepts like marriages, inheritance, offences etc. The rules and regulations are either man-made or divine as it exist under the common law and Islamic law respectively. Thus, it is... Continue Reading
ABSTRACT Taxation in Nigeria is one of the major source of revenue for it an be said that it generates between 75% to 80% of Nigerian revenue. Taxation in Nigeria is however bedeviled with a lot of problem one of which is double taxation. It is the practice in Nigeria for income tax to be imposed both on worldwide income derived by residents of... Continue Reading
ABSTRACT Nuclear weapon is undoubtedly a weapon of mass destruction. Thus, the ways and manners by which various states and countries that are in possession of this weapons have been using them has been and is still a subject of debate among scholars. Under the International Law, there are various statutory instruments regulating the ways and... Continue Reading
ABSTRACT The term marriage can be defined as the coming together of a man and a woman as husband and wife. In Nigeria, marriages are contracted in various ways which include statutory marriage, customary marriage and Islamic marriage. At the time of marriage, it is likely that neither of the parties envisages the possibility of dissolution of the... Continue Reading