Department Of Public and International Law Journals


A comparative analysis of Lagos and Kwara States Citizens Mediation Centre Laws by  Abifarin Olufemi Published by journal of public and private law of Nnamdi Azikwe University Awka Vol 5 September 2013 pg 129

This paper looked at the Mediation Centre Law of Lagos and Kwara States and made a comparison. We noted that the jurisdiction of each differs in some material respect. The two centres are not court connected. The centres are to be run from the government and…
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A critical appraisal of laws regulating production and consumption of Beer/Alcohol in Nigeria by Abifarin Olufemi published by Nigeria bar Journal 2006

In this paper, we reviewed the various laws regulating production and consumption of alcohol in Nigeria. We first of all identified the types of alcoholic drinks in Nigeria, we considered the Customs and Excise Management Act which is still the law regulating brewing of beer, manufacturing of spirit and manufacturing of menthylated sprit, we considered the liquor licensing…
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An Appraisal of Methodology of Resolution of Conflict between Municipal and International Law by Olufemi Abifarin, Agu Rachael and Abdulrasaq F.F.

The paper was jointly written by Olufemi Abifarin, Agu Rachael and Abdulrasaq F.F. 2008

The paper attempted to answer the question whether an individual can invoke International law before a municipal court? Or to what extent can a national court put into effect within the domestic system rules of International law which are contrary or not contrary to domestic law?…
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An Appraisal of Protection against Domestic Violence Law of Lagos State 2007 by Olufemi Abifarin and Jimmy O. Chijioke Published by Afe Babalola University Law Journal

This paper was jointly written by Olufemi Abifarin and Jimmy O. Chijioke

The paper appraised the provisions of the protection against Domestic Violence law of Lagos State 2007. The provisions of the law are far reaching and are capable of protecting both women; children and men in a home and the authors commended the…
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An Assessment of Statutory Roles of BPE in Privatization and Commercialization of Public Enterprises in Nigeria by Olufemi Abifafrin, Shittu A. Bello and E.E. Published by Journal of department of Public Law and Jurisprudence Usman Dan Fodio University Sokoto 2008/2009.

This is another joint paper written by the trio, of Olufemi Abifafrin, Shittu A. Bello and E.E which discussed the role of BPE in the privatization exercise in Nigeria. The paper outlines the composition of BPE and the supervisory body…
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Curbing the menace of sexual harassment in campuses in Nigeria by Olufemi Abifarin published by The Nigerian Journal of Social Health vol.1 No.2 2008 p 175

The paper defined sexual harassment on campuses in the Nigerian context. It categorizes campus activities to academic, social and religious and that a good student should strike a balance between academic, social and religious activities on the campus.

The paper also raised a very important question as to who is harassing who sexually in the campus?…
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Imperative of legal framework for traditional health care delivery in Nigeria by Olufemi Abifafrin published by Nigeria Journal of indigenous knowledge and development vol 1 March 2009 p1

In this paper, we looked at the existing law in Nigeria and its provision on traditional health care delivery and discovered that there is none for the federation but only few states have legal framework and regulatory Boards, we also discussed the war of attrition between traditional health care providers and the…
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Legal framework for Control of Tobacco use in Nigeria by Olufemi Abifarin  published by Kogi State University law journal vol.1 No.1 April 2009

This paper examined the legal framework for control of tobacco consumption in Nigeria. It contended that tobacco is the only legally available consumer product that kills through normal use and that in spite of the risk and dangers associated with tobacco more and more companies are investing in tobacco production in Nigeria and by extension globally. The…
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Legal framework for the protection of traditional institution in Nigeria by          Abifarin Olufemi published by Journal of Comparative law vol.1 No. 1 2006 p. 33

This paper looked at traditional institution in Nigeria. Here traditional institution is our chieftaincy institution and its role in administration of Justice in pre-colonial and post-colonial Nigeria. We examined the role of traditional rulers in the indirect rule system, the appointment and deposition of chief laws of various states, we distinguished between traditional chiefs and…
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Monogamy as a universal religious concept of marriage by Abifarin Olufemi published by journal of law and international security Vol. 1 No 3 2007

This paper looked at marriage in Customary law, Islamic law and Christian law and concluded that it appeared all the religions prefer monogamy as the first option in marriage but in customary law accommodation is given to polygamy as a remedial option, in Islamic law too a stringent condition is given before a second marriage could…
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Prospectively of law as an indispensable ingredient of the rule of law in a liberal democratic state by Abifarin Olufemi Published by journal of law and international security Vol 1 No 3 2007

This paper defined prospectively of law, retroactivity of law was also explained, which we saw as a feature of military regimes in Nigeria. We highlighted those Decrees promulgated as from 1966 up to the end of military rule in 1999. We also discussed the position of the…
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Taxation of ecclesiastical bodies, charitable organization and educational institution in Nigeria by Abifarin Olufemi published by journal of contemporary legal issue Vol 1 No 1 p.103 2009

This is a joint paper which examined taxation of ecclesiastical bodies, charitable organizations and educational institutions in Nigeria. We discussed payment of tax as a constitutional obligation of citizens of Nigeria, we looked at Personal Income Tax Act, Companies Income Tax Act and other tax laws and concluded that even though the church,…
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The Challenges of Institutionalizing Alternative Dispute Resolution in Nigeria by Olufemi Abifarin Published by Ekiti State University Law Journal 2013

This paper looked at ADR as a complement to the court system of adjudication. We considered Arbitration which is adjudicatory in nature and other methods that are consensual and nonbinding such as conciliation, mediation, negotiation, expert determination etc. We pointed out the challenges facing institutionalization of ADR in spite of its very many advantages. Such challenges include lack of efficient…
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The imperative of legal frame work for corporate social responsibility by multinational oil companies in the Niger Delta oil communities of Nigeria by     Abifarin Olufemi published by Bi-annual Journal of public law- vol.1 part 1 (2009)p.78

In this paper, we examined corporate social responsibility as a new concept in corporate governance which is aimed principally to address profit, people and planet. We examined the proponents and the critics of the concept and stressed the fact that it has come to…
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The use and misuse of legislative power of impeachment in Nigeria by Abifarin Olufemi published by Fountain Quarterly law journal Vol 3 December 2006 pg1.

The paper discussed definition, origin and nature of impeachment. He also examined the scope of legislative power of removal of the executive in Nigeria, stressing that Nigeria constitution of 1999 did not use the word impeachment but removal. We examined cases of impeachment in Nigeria from the first case of Alhaji Balarada Musa former governor…
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 This paper examines the contentious issue of ownership and control of the oil industry in Nigeria and how successive constitutions and other enactments vested ownership and control of the oil industry in the hands of two of the three critical stakeholders of the oil industry, the federal government (FGN) and the multinational oil companies (MOCs) leaving out the communities who live on the land where the actual exploration and production takes place. The Federal Government and the (MOCs)…
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Nigeria Journal of Food, Drug and Health Law, 8 (2015): 8-17

CHILDREN INSURGENTS IN WEST AFRICAN SUB-REGION: THE BOKOHARAM EXAMPLES IN NIGERIA, CHAD AND CAMEROON

 

BY

Chijioke, J.O, Adesina, E.A & Masajuwa, F.U, PhD, (Mrs.)

 

Abstract

This study is on child involvement in Boko Haram, one of the world’s deadliest extremist groups.  One of the most shocking horrors of Boko Haram’s rampage across West Africa has been the insurgent’s ability to turn capture girls and boys…
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Namibian Journal of Management, 3(1 and 2), 2016: 64-91

STRENGTHENING THE GENDER BALANCE: WOMEN AND DECISION -MAKING IN OIL PRODUCING COMMUNITIES IN THE NIGER DELTA

 

BY

Florence U Masajuwa, PhD and Adekunle Ajisebiyawo

 

Abstract

In most Nigerian communities, participation in decision making is gendered, reflecting the structure of the dominant patriarchal ideology. The advent of the petroleum industry in the country has further entrenched the problem by undermining the voices of women regarding the distribution of the benefits…
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Law, Conflict and Human Rights in Africa, 1 (2012):107-142

 

NIGERIA’S NATIONAL GENDER POLICY AND THE RIGHT OF WOMEN’S PARTICIPATION IN POLITICS: AN ASSESSMENT

 

BY

Florence .U. Masajuwa

 

Abstract

Since the 1999 return of democracy, representation of women in political office has fluctuated. Nigeria women’s political, economic and social rights remain largely neglected, as seen in the lack of gender equality and political representation. The National Gender Policy, which stipulates a 35 percent presence of women in all…
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Abstract
Pension means regular payments made by the state to the disabled, widowed or by a former employer to an employee after long service or a periodical payment made especially by government, company or an employer in consideration of past services.1 This paper seeks to review Nigerian pension laws with a view to identifying whether a state can enact a pension law to grant pension and gratuities to an ex-governor and if not what happens to the pensions…
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Abstract
Cooperative banking is now a global phenomenon but going through the history of banking in Nigeria there is nothing to show that Nigeria had actually established any cooperative bank. There were the defunct Nigerian cooperative and Commerce bank, or Cooperative Bank Plc, Nigerian Agricultural and Cooperative bank etc. They were never cooperative banks in the true sense, they all operated Commercial banks or at best as micro finance or primary mortgage institutions. This paper unfolded the enormity of the impact cooperative…
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ABSTRACT
This paper examines the role played by foreign interests and intervention in the nature and manifestation of these sorts of insurgency in Nigeria. Chief among the factors that can motivate and sustain violence in a political system are factors that originate or come from outside the borders of the country involved. As forms of political violence, insurgency and terrorism in the Nigerian context pits the state against groups with perceived discontent in a struggle that has resulted…
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ABSTRACT
This paper examines the contentious issue of ownership and control of the oil industry in Nigeria and how successive constitutions and other enactments vested ownership and control of the oil industry in the hands of two of the three critical stakeholders of the oil industry, the federal government (FGN) and the multinational oil companies (MOCs) leaving out the communities who live on the land where the actual exploration and production takes place. The Federal Government and the…
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ABSTRACT
The paper bridging the digital divide, review the multifaceted problem which has made Africa nations to lag behind the western developed countries. It traces the origin, causes and consequences which includes socio-economic factors, connectivity, technological access and literacy, and digital repositories. The efforts and initiatives by world leaders, international, regional, national, and non-governmental organizations, research Institutes and Industries to bridge the digital divide is examined. The author posit that African nations are a consuming nations historically and hence the continued flow of information…
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ABSTRACT
Reported here are the results of a research project that examined the progress that has been made by Nigerian University libraries in computerization of their services. Fourteen university libraries that said that their libraries were automated were investigated using structured questionnaires. The research design was carried out in two stages by the use of structured questionnaires. The study population consisted of 47 university libraries, of which 24 were Federal, 17 state and 6 private. While the sample population was limited…
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ABSTRACT

This paper examined the various contract pacts existing between Nigeria and international oil companies engaged in the business of oil extraction in the country and the effects of the contract pacts on benefits of the oil industry that should accrue to oil producing communities of Niger Delta.  To this end, the paper argued that argued that the various contract arrangements never had inputs of host communities; instead host communities interest were left to be attended to through…
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INTRODUCTION

Local government are third tier level of government meant to serve as agent of rural and grassroots development.  In Nigeria, they have evolved through the years acquiring different status which each successive administrations structuring, them to suit its peculiar needs and purposes.  Most of the reforms do record some successes but it has been realized that local government fared worst under military regimes except during that of General Ibrahim Babangida.


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ABSTRACT

This paper is not about corruption in the general sense it is talked about in Nigeria, that is, wanton embezzlement of public money by political or public office holders, but about the pervasion of the electoral process, which this paper refers to as the door through which political office seekers must pass in order to realize their mission.  The problem is attendant challenges the pervasion brings to bear on the ability of the courts to disperse without…
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ABSTRACT

The United Nations Convention Against Torture (UNCAT) was adopted in 1984 as a result of gross human rights abuses by Nazi Germany and Japan during the Second World War and especially in the area of torture where Jews and other Prisoners of War were gassed in chambers and tortured leading to millions of lives lost and the failure of the United Nations Universal Declaration of Human Rights (UDHR) and Geneva Conventions to effectively address the fight against…
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ABSTRACT

This study examines the relationship between the oil industry and host communities in the context of the historical evolution of the oil industry in Nigeria by assessing the impact continued vertical relationship will have on all stakeholders in the industry.  This is informed by the fact that in recent years, significant strides have been made to build a legal foundation for matters of this nature in most resource-bearing areas of the world.  Whereas, studies like this focused…
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Introduction

What constitutes the shares of a company has assumed varying legal meaning overtime.  During the period of the old Deed of Settlement Company, the partnership property vested in the trustees, with members having a kind of “shares” which entitled them to an equitable interest in the assets of the company.  The snag with this arrangement is that the nature of this equitable interest is not exactly clear as members of the “company” could not lay claim to the assets…
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This study examined the relationship between the oil industry and host communities through the historical evolution of the oil industry in Nigeria.  This is informed by the fact that in recent years.  Significant strides have been made to build a legal framework for matters of this nature in most resource-bearing areas of the world.  Data was both by primary and secondary sources.  Findings showed that two types of relationship- vertical and horizontal existed between the industry and host…
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Most National Policies in Nigeria are made through the interaction of the Presidency, the bureaucracy and the various kinds of interest groups.  People are generally interested in the interaction between institutions and policies.  They are also interested in knowing how policies and programmes are implemented, what role institutions play, what promotes rapid and successful implementation, and the level of efficiency of the implementation process for different types of policy


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Abstract

This paper discusses corruption in the Nigerian state from the viewpoint of rentierism.  It conceptualizes rentierism by bringing out the hallmarks of a typical rentier economy.  It traces the major causes of corruption to the wealth accumulation syndrome (rent-seeking) to the political and economic structure of the Nigerian state and draws copiously form the instances of corrupt practices among both the politicians and the bureaucrats and more importantly to the creation of Nigeria that has led to…
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ABSTRACT

This study is on child involvement in Boko Haram, one of the world’s deadliest extremist groups.  One of the most shocking horrors of Boko Haram’s rampage across West Africa has been the insurgents’ ability to turn captured boys and girls into destroyers and killers.  Since 2014, Boko Haram insurgents have used hundreds of young boys and girls to terrorize north-east Nigeria and some of her northern neighbours such as Nigeria, Cameroon and Chad.  Activities of Boko Haram…
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Credible elections are indispensable to the establishment and maintenance of democracy. This is because elections, inter alia, provide legitimation for the state and its custodians. In developed liberal and social democracies such as the United States and many European states, elections have been institutionalized as the deus ex machina for fostering competitive party politics, taking stock of the performance of leaders at various levels of the polity—national, state, regional, provincial, county and municipal—and ensuring the smooth and orderly…
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Recently, there has been an upsurge in the clash between herdsmen and local famers in many· parts in Nigeria, particular the middle belt, eastern and northern parts. Sadly these clashes often result in sexual abuse of women and girls, loss of human lives and destruction of property, kidnapping and theft. Unfortunately, there is no specific legislation to address this problem. It is an attempt to nip this problem in the bud and avert what may escalate into another…
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Abstract
In most Nigerian communities, participation in decision making is gendered, reflecting the structure of the dominant patriarchal ideology. The advent of the petroleum industry in the country has further entrenched the problem by undermining the voices of women regarding the distribution of the benefits of the industry in host communities. This development is a stark contradiction of the efforts of the government as captured in the various international and Nigerian legislations, including the National Gender Policy (NGP 2007), to…
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This paper sets out to examine international laws perspectives on host communities and the extractive industry, the aim being to ascertain how these perspectives help our understanding of the claims of marginalization from the bene?ts of the oil industry by host communities’ vis-a-vis efforts at addressing issues arising from the claims. This is in line with the fact that laws, palliative policies and programmes have been some of the key ways deployed by various Nigeria authorities to allay fears of communities thus…
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Cybercrime like the traditional crime has caused pains to people and nations across the globe. Towards checking the menace of cybercrime, the intemational community responded in various ways. One of these ways is the enactment of laws. It is these laws that this paper sets out to examine. The historical research method was used, while data were from secondary sources. Findings show that while the United Nations as ?agship of international agencies have not enacted any convention or treaty on cybercrime, multilateral and regional…
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Abstract

Corporate Governance is a term that refers broadly to the rules, processes or laws by which businesses are operated, regulated and controlled. The term can refer to internal factors defamed by the officers, stockholders of constitution of a corporation, as well as to external forces such as the consumer groups, clients and government regulations. This paper looks at the operations of cooperative societies in Nigeria and how they integrated the rules of Corporate Governance in their management…
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Abstract

Mediation is one of the non-adjudicatory strands of ADR and has proved to be effective in settling commercial disputes. This paper x-rays the meaning, nature, and scope of mediation; we also discussed stages and procedure in mediation and the challenges to mediation. The paper ?nally recommends a law to regulate the practice of mediation in order to prevent abuse of power of mediators and arbitrariness of overzealous mediator and that the law should be emphatic on enforcement mechanism of…
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This paper identifies and discusses the scope of professional ethics of the members of the Bench, particularly those at the magisterial cadre, law officers, investigating police officers, public prosecutors and their social responsibility in the dispensation of their statutory duties of administration of justice. It seeks to examine the challenges militating against them in the delivery of good judgment and x-rays how delayed justice, unethical practices, unprofessionalism, a corrupt and an incompetent judiciary can hamper socioeconomic, infrastructural, political…
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Introduction

Co-operative societies as a universal and global phenomenon has been defined by the International Co-Operative Alliance as an autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through jointly owned and democratically controlled enterprise, while the International Labour Organization defines it as an association of persons who have voluntarily followed together to achieve a common end and through the formation of a democratically controlled organizations, making equitable contributions to the capital…
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Introduction

Domestic violence is a global phenomenon that is growing every day and in new dimension. Most scholars that have written on this topic have either concentrated on a narrow aspect of it or an aspect that re?ects their biases or prejudices. Thus, a lot of women have written on domestic violence against women, while a few wrote on domestic violence against children and some on domestic violence against men. This paper examined domestic violence against children, women…
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INTRODUCTION

The child—witch phenomenon in Nigeria is a terrible and devastating menace that is ravaging families in Akwa—lbom and Cross River States OF South-South Region ol" Nigeria. This phenomenon is a creation of religious bigots like witchdoctors, Alfas, priests, prophets and prophetesses who claimed that they have power to see visions and therefore can know who is a witch or wizard. Children between the ages of 5 and 17 were most affected by this devilish and wicked phenomenon.…
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Abstract

This paper xrays the activities of the herdsmen in carrying out their business of cattle rearing, and its detrimental effect on the economic wellbeing, welfare and security of  other Nigerians. It postulates that every Nigerian has right to carry out his/her lawful business within the rule of law and to provide finance or funds for smooth operation of his/her business without injuring the interest of other Nigerians carrying out their legitimate business. The paper stressed that the…
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ABSTRACT

Health is a precious commodity. A common saying states that health is wealth. It is therefore the foundation of all happiness. Herbal medicine, which we referred here, as traditional medicine, has developed in various communities in Nigeria  response to the health needs of the people. Many communities have since creditor, developed various traditional. system of using locally available resources for the alleviation of their health crises. The development of herbal medicine in Nigeria has le.: to various…
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Abstract

Dispute Systems Design (DSD) is a term used to describe a situation whereby an organization or institution has an inbuilt alternative dispute resolution processes  or mechanism in resolving disputes within  the organization or institution. This is normally done in order to reduce tension in work place to save precious time by productively utilizing the available time working hours and maintain harmonious relationship in the organization.


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INTRODUCTION

Rape is a type of sexual assault initiated by one or more persons against another person without that person’s consent]. The ac may be carried out by force or, where the person is under threat or manipulation, or with a person who is incapable and Wales, Northern Ireland, Scotland, California, and New York, and is a legal term of art used in the de?nition of the offence of sexual violation in New Zealand. Some countries have changed the crimes…
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Abstract

Tax incentives are governmental enticement through tax bene?ts to encourage tax payers to engage in particular economic activities so as to boost, improve and grow the economy. it may also be granted in order to encourage tax payers which may either be natural of artificial persons to contribute to certain charity and to encourage voluntary tax compliance. The Nigerian tax laws in several sections made provisions for these incentives. This paper examined these concept and other similar concepts in…
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Abstract

In Nigeria there is the constitutional duty to pay tax by every taxable adult and this duty gives corresponding rights to every taxpayers. Such rights as right to life, right to dignity of human person, right to personal liberty, right to privacy and family life, right to own moveable and immoveable property, the right to fair hearing and right to freedom from discrimination are intrinsically available to taxpayers in Nigeria, however so many tax laws and regulations…
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Abstract

Democracy is now a global political system that ensures entrenchment of fundamental human rights of the citizens, due process, rule of law and economic growth. Nigeria as a state embraced democracy since 1999 after many years of military interregnum. However, because of the godfather phenomenon Nigerians cannot boast of any significant dividend of democracy. This paper looked at democracy as practiced in Nigeria, the constitutional basis of democracy in Nigeria, the godfather phenomenon and its effects on…
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Abstract

This paper examines the recent raid of judge’s homes by the men of Department of State Security in their bid to ?ght the endemic corruption in the judiciary which is aided and abetted by the lawyers especially the Senior Advocates of Nigeria who should be the leading lights of the bar. We examined the modus operandi of the DSS and the Rule of law. We also examined the role of the National Judicial Council in appointment, promotion and discipline…
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ABSTRACT

Alternative Dispute Resolution is the bride in the commercial world today. However; its application is not limited to the commercial sphere but to domestic issues like domestic violence, divorce, separation and child custody issues. it is also applicable to settlement of land cases and compensation matters including customary arbitration and mediation. Nigeria, as a country keyed into arbitration through Arbitration Ordinance of 1914 which was a dormant law but a bold step was taken in 1988 when the Arbitration…
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Abstract

The National Assembly is the highest law making body in Nigeria according to the constitution that vests in it power to make law for peace, order and good government. The same constitution went further to vest power in the same Assembly to approve Appropriation Bill and conduct oversight functions over executive acts. Because of the enormous powers vested in the National Assembly, a very high premium is placed on the quality and integrity of persons to be elected into…
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Abstract

Children and young persons form an integral part of the family that relate directly with the civil populace and have a significant place in the society generally. Childhood is indeed the foundation or earliest stage of human life. At this stage, they constitute the most vulnerable and powerless members of the society. It is an indisputable fact that children or young persons constitute a larger percentage of the society. It is in the light of the above that this…
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Introduction

A cursory glance at the court systems of most countries readily reveals that one of  their greatest weakness is that cases too numerous to be adequately handled are filed daily and this inevitably leads to problems in obtaining trial dates and this results in delays in the process of obtaining justice. It is against this backdrop that the concept of the multi—door court house was developed. A multi-door court house is a dispute resolution centre designed to involve courts…
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ABSTRACT

This paper looks at constitutional provisions on the Code of Conduct Tribunal and the Code of Conduct Tribunal Act on the nature of the Code of Conduct Tribunal and its criminal jurisdiction. We also discuss the unnecessary controversy by eminent jurists on the decision of the Supreme Court on the jurisdiction of the tribunal in Code of Conduct Tribunal v Saraki. We concluded the paper by stressing that the Code of Conduct Tribunal has criminal jurisdiction and that the…
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Abstract

This paper looks at Luxury tax as viable option in the quest for diversi?cation of Nigerian economy. The economy is in a deep recession because it is 80% dependent on the oil revenue to the neglect of the other viable options in revenue generation. Scholars and tax practitioners have suggested property tax, produce tax, environmental tax, tax amnesty, tax incentives and other measures like promotion of agriculture, small and medium enterprises. This paper contends that because of the…
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Abstract

From time immemorial, Nigerians have been cooperating together both for community development and business. However, the advent of the European Colonialists marked a fuming point in cooperative activities in Nigeria. This paper examines cooperative societies in Nigeria and various laws governing its operations since the colonial period to date. We also looked at the role of cooperative societies in socio-economic development of Nigeria and conclude by suggesting ways to revitalize sustainable cooperative development in Nigeria.


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 by Abifarin Olufemi published by Nigerian Journal of legal studies volume IX 2010/2011 pg 86

In this paper, we defined gay marriage and described it as a form of sexual perversion in all its manifestation. We examined how gay marriage which was earlier resented globally has now become the norm in the western world. We also examined how the western world has been trying to globalized it and without respect for cultural diversity and African cultural heritage in the name…
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Abstract

This paper discusses how to make good use of co-operative loans and in doing this effectively, The paper also discuss the power to grant loans, security for loans, and loan repayment. We concluded by emphasizing that prudence, probity and transparency of managers of cooperative funds and debtors of cooperatives societies, wilt make cooperative societies to grow - and that there is need for cooperative education, cooperation among cooperative societies and the need to impact the community in accordance with…
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Abstract 

The paper isolates the question of gender to contend that participation in all spheres of the Africa society is built around inherent structure of patriarchy, one which not only denies woman access to meaningful participation in the developmental process, but also refuses them its dividends. Her paper argued that much as the patriarchal system in Africa has held back the pace of attaining gender equality in the society. the overall effect in the contemporary times has waned signi?cantly due…
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ABSTRACT
In recent times, there has been an increase in cases of physical harm and deaths occasioned as a result of the negligence of medical practitioners. Indeed, many have been sent to an early grave as result of the professional ineptitude exhibited by medical practitioners in the course of treating patients. Most of these cases go unreported. Very few cases are litigated in court while a smaller portion of these cases end up being settled out of court.…
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Abstract
The word „Pension? means a fixed sum paid regularly to a person (or to the person?s beneficiaries) by an employer as a retirement benefit. It is a periodical allowance to an individual or his representative on account of some meritorious work or service. Nigeria operated the old pension system hereinafter referred to as the old pension regime until the year 2004 when it adopted the new regime with the enactment of the Pension Reform Act of 2004. This Act…
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ABSTRACT
The Community Development Association's which ordinarily was to engineer and fast track community development by drawing government, developers and settlers attention to the infrastructural needs of the community for the good of all became "terrors" and "warlords" . In a bid to curb the unscrupulous, embarrassing and unending activities of the Community Development Associations in Edo State, which includes the indiscriminate levying of land developers, the use of deadly weapons to violently take over or prevent a…
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Abstract
This paper looks at the entertainment industry in Nigeria and its tax potentials. It also looks at the sport industry which is also a form of entertainment. The entertainment industry including Sport has become a money spinner for the participants and the government at the federal, state and local level should work-out a way to tap from this industry in form of tax that will eventually be used to develop infrastructure. Each participant in the industry is…
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ABSTRACT
Terrorism remains a major threat to Nigeria’s peace and security. The thematic preoccupation of this work is the Fulani herdsmen. As could be noticed that the Fulani is the cynosure of all eyes, this paper therefore focuses on the laws made to regulate the herdsmen unlawful act which threatens the occupants of the Nigeria community. It further brought into limelight the anti-grazing law and it critics, Terrorism Prevention Act 2011, and the simple way forward using the…
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ABSTRACT
Nigeria is sustained principally from revenue from the oil and gas industry. Communities around the operational areas of the industry complain that laws governing the distribution of the benefits arising from the industry did not capture their interest. Using both peaceful and non-peaceful ways, host Communities have tried to draw attention to their complaints. The non-peaceful means took the form of violent attacks of oil pipelines, kidnapping. The attacks crippled the oil industry and caused reduction in…
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This study interrogates journalists’ assessment of the effectiveness of the Freedom of Information Act (FOIA) in Nigeria, particularly as it pertains to its implementation and successes in retrieving useful information from public institutions in Nigeria. Using the mixed research method, the article involves nine purposively selected journalists in Auchi, Edo State, Nigeria. Anchored on the social responsibility theory, the study discovers that journalists are aware of the FOIA, but it is not well implemented because of a lack of cooperation…
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Plea bargain has been globally accepted as a useful criminal prosecutorial tool in accelerating the prosecution of minor criminal cases. However, it has been observed that the introduction of a plea bargain into the Nigerian criminal justice system tends to aid the ruling class in looting from the public treasury and escaping justice. Given these legal anomalies, the study used online survey questionnaires sent to four hundred and five respondents (randomly selected) residing in Nigeria in ascertaining the Nigerian citizens…
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The tort of public nuisance was designed to protect public safety. As the global trend on the outbreak of COVID-19 continues, the pandemic had its first wave between December 2019 and January 2020 in Asia, and then swept through to Europe and America, recording its second wave from February till date. The Pandemic continues to take lives and leave a lot of negative impact in countries around the world. This ranges from the interference and obstruction with the exercise and…
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The infuence of climate change on agriculture, especially as it relates to the production of food, changes with reverence to duration and space, of which most of these infuences are diverse and remarkably uncertain. Undoubtedly, the application of food innovation technology (FIT) in the agricultural processes is an important response for operative and objective adaptation and mitigation of climate change. Consequently, there is a need to urgently re-evaluate the procedures for FIT so as to address the diversities and uncertainties…
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Technology has necessitated and intensified changes in all spheres of human endeavors, including administering justice and ensuring human security. However, before the outbreak of the Covid-19, technological advancements have not significantly impacted the administration of justice and human security in Nigeria. The administration of justice and human security in Nigeria was manually operated with minimal or no digital input. In this regard, this study employs a doctrinal and non-doctrinal method in examining how has technology impacted on the administration of…
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The study is concerning contract of agreement in Nigeria, which had developed into an internet or electronic trade that parties to a contract do not need to have personal contact in transacting business. Despite the advantages e-contract provides, there is legal uncertainty as to whether there is a binding contract or it can be enforced in Nigeria. This is given the fact that where parties reach an agreement via the internet, and parties do not sign it, there is no…
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The concept of human rights over time has gained popularity and recognition. It has been observed that the evolution of human rights in the present era has aroused a lot of debate and controversy as regard its justification and applicability to a human being, by virtue of the Universal Declaration of Human Rights and the United Nations Conference in Vienna 1993. These international treaties reconfirmed the validity of the universality of human rights, which has attracted criticizing from cultural relativist…
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This study examines the upsurge in the virtual celebration of marriage in Nigeria during the outbreak of the Covid-19 Pandemic. During the spike of the outbreak, marriages were celebrated on social media platforms such as Webex meeting and Zoom with the parties at different places at the time of the celebration of the marriage. Despite the economical advantages that the virtual marriage celebration provides, there is a legal uncertainty that marriage so celebrated virtually is one recognized under the Matrimonial…
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Agriculture is a major source of Nigerians livelihood, and it consists of mainly agricultural crops or plants and livestock. The farmers and herdsmen are the major stakeholders in Nigeria Agriculture. In 2011 it was said by Central Bank that Nigeria Agriculture had the potential to grow tremendously in 2030. Despite the above, it had been observed that there had been a series of violent clashes and conflicts between the farmers and Fulani herdsmen. The reason for the conflict is as…
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Environmental pollution is a serious trend of natural and artificial catastrophe(s) that might cause ill health or eventual death depending on the degree of seriousness. Human activities are the major cause of environmental degradation such as reverse desertification, ozone layer depletion, global warming, volcanic eruption, earthquake, acid rain, oil spillages, and climate change. Artificial catastrophes can result in the transfer of pollutants generated from human activities that can be a negative reverse ecological pointer which can be detrimental to its…
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The study investigates the impact and relevance of modern technological educational facilities/resources amidst the Covid-19 pandemic, using Edo University Iyamho undergraduate law students as a case study. We administered 65 online structured questionnaires to law students of Edo University Iyamho. We used a descriptive and analytical method for analyzing data generated from the questionnaire. The study found that Edo University Iyamho is well equipped with ICT educational facilities/resources in the training of law undergraduate students, and it has been very…
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Payment of taxes in Nigeria is a function of law, in other words, all taxes collected by Nigeria government are regulated by tax laws. It had been held in plethora of cases in Nigeria, that lawyers and judges are the custodian of the laws. They owed the general public the duty of interpreting and applying laws in its plain and ordinary meaning, and for the common good of humanity. However, it has been observed that there had been divergent interpretation…
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This study theorises and investigates how law students of Edo University Iyamho perceive the newly established Amotekun security (para-military) agency by the six south-west states of Nigerian to assist the police to fight criminality. Using a sample size of 64 law students of the University, the study is anchored on Penal Technique theory the study found out the police is perceived as ineffective in the performance of their functions and that Amotekun will significantly improve security by collaborating with the…
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Legitimacy under family law revolves around the status of a child born into a family or to parents validly married under statutory or customary law in Nigeria . The word legitimacy is the act of being lawful or valid; however, note that legitimacy is the process whereby a child who had been considered illegitimate assumes the position of legitimacy . According to the Black's Law Dictionary defined legitimacy and legitimation as a status of an individual born in by a…
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The concept of shares is one of the distinguishing features of corporate entities. More distinguishing is the array of men and women who subscribe to corporate entities or incorporated companies through acquisition of the issued shares of such companies. The prime place of shares as a means of providing or shoring up capital for companies makes it imperative that specific rights be attached to them. It is against this background and from a comparative perspective that this paper examines the…
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Biogas unlike fossil fuel is a renewable energy source. It is environmentally friendly and can be generated in every part of Nigeria where people live. Wastes are common in Nigeria as the populace generate wastes everyday which sometimes poses challenges to government and the people themselves. Biogas technology is available in Nigeria. Yet Nigeria is unable to tap the full potentials of the availability of this resource. This is due to many factors. However, for a sustainable renewable energy technology…
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Availability, affordability and distribution of energy sources are necessities for sustainable national development. Nigeria is the 13th world’s largest producer of crude oil, yet it is unable to attain energy, environmental, social and economic security due to the adverse impact of crude oil theft. Despite the enactment of several laws to combat oil theft in Nigeria such as the Petroleum Production and Distribution (Anti-Sabotage) Act, the Petroleum Act, the Criminal Code Act, the Economic and Financial Crimes Commission (Establishment) Act,…
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Several laws have been enacted by the Federal and State Governments in Nigeria with a view to enhancing environmental protection and sustainable development.  Implementation and enforcement of these laws by the relevant government agencies have been lacking.  This has resulted in huge environmental problems in the country, such as flooding, oil spillage, deforestation, spread of diseases etc., therefore there is the need to strengthen the citizen’s right to enforcement of environmental protection rights. Environmental litigation is therefore, a means by…
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It is an established fact that security of the Nigerian oil infrastructure is one of the biggest challenges faced by the Federal government. This has led to stealing of crude oil and the reduction of revenue that ought to accrue to the Federal Government. The Nigerian Government has adopted several measures aimed at curbing the menace of crude oil theft to no avail. Crude oil theft has remained unabated. The aim of this paper is to examine one of the…
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No doubt, the role of planning in the development of a nation like Nigeria cannot be overemphasized.  Nigeria had made several attempts at enacting Urban and Regional Planning laws hereinafter referred to as ‘Planning Laws’.  But the long awaited planning law i.e. the Nigerian Urban and Regional Planning Decree No.88 of 1992 now called the Nigerian Urban and Regional Planning Act CAP N138, Laws of the Federation of Nigeria, 2004 was finally enacted into law, in 1999.  This Act was…
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Litigation is often very expensive and time consuming. Land cases can be in court sometimes for over ten years. Commerce cannot absorb such delay; speed and efficacy are becoming the criteria by which success in commercial litigation most especially debt recovery is to be judged, as legal practice is forced to match the ever increasing vigor of the market place. Many debtors are known to dissipate their assets both movable and immovable when they are threatened with litigations, so that…
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According to a report titled “cyberwarfare in the c-suite” released on January 21 2021 by Steve Morgan of the cybercrime magazine, cybercrime is projected to unleash global damages to the tune of six(6) trillion United States Dollars in 2021thereby becoming the third largest economy in the world as well as the greatest problem humanity has ever had to contend with. As virulent and damaging as it is, cybercrime is also the most complicated globalized crime of the 21st century. The…
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Prior to the year 2001, the phenomenon of Internet criminal fraud was not globally associated with Nigeria. Since then, however, the country had acquired a world-wide notoriety in criminal activities, especially financial scams, facilitated through the use of the Internet. This is not to say that computer-related crimes were alien to the country. It is, however, remarkable that the perpetration of cyber crimes involving Nigerians and traceable to Nigeria became so rampant that questions might be legitimately raised as to…
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