Blog - Page 4 of 20 - The Jet Lawyer

Posted on April 23, 2020April 24, 2020 Written By ABUAD Law Review

Gauging the Current Position of the Principle of Domicile in Nigeria

ABSTRACT

The paper is an overview of the essentials of domicile. Its origin and historical background is analysed fully to the point where it became part of English law applicable in most common law jurisdictions. Domicile is also differentiated from similar concepts such as nationality and residence which is substituted for domicile in some jurisdictions. Furthermore, the classifications of domicile as given by English common law is given and explained in detail. The problem tackled by this article is the existence of domicile of dependence and its implication. The article is a critique of the domicile of dependence and the country’s position on the principle itself as it is still an area of law in Nigeria of great uncertainty and requires judicial activism. This being said, the article goes further to provide solution to the problem aforementioned through recommendations. These recommendations are geared to provide some form of certainty on the age old issue.

Posted on April 23, 2020April 24, 2020 Written By ABUAD Law Review

An Appraisal of the Duties of Legal Practitioners Under the Legal Practitioners Act and the Rules of Professional Conduct

ABSTRACT

Legal practice is regarded as a highly noble profession worthy of its position in today’s modern society, with regard and reference to the very beginning of the profession it has with time evolved with the demands of society. This profession is practiced by lawyers for the good of public interest in the dispensation of justice and for the smooth execution of governmental authorities. The rules and duties of a legal practitioner are embedded in two sacrosanct statutes which are the Legal Practitioners Act 2004 and the Rules of Professional Conduct 2007. In the course of this work we will introduce the topic by touching a little on the historical background of the profession, thereafter, establish the various duties attached to the legal profession. While examining the various regulatory bodies which guides the legal practice, paying close attention to their roles in the maintenance of order in the profession.

Posted on April 23, 2020April 24, 2020 Written By ABUAD Law Review

Appraisal of the Right to Life and Death Penalty in Nigeria

ABSTRACT

The right to life is generally recognized as a very important right in any legal system. This right is absolute in some jurisdictions; however, limitations are placed on this right in some other jurisdictions to which Nigeria is included. One of the limitations placed on the right to life in Nigeria is the death penalty. These two concepts are closely related because they involve the state’s responsibility in balancing the right to life of an individual and protecting the lives of the public by imposing the death penalty. Arguments made for and against the retention of the death penalty have gained global recognition and are still relevant in this modern age. Other contemporary issues in relation to these concepts are euthanasia, and extrajudicial killings. This paper is an appraisal of the right to life and death penalty in Nigeria.

Posted in ABUAD Law ReviewTagged Euthanasia1 Comment

Posted on April 21, 2020April 24, 2020 Written By ABUAD Law Review

Sexual and Reproductive Health Rights, Sexual Violence and the Protection of Women’s Rights in the African Context

ABSTRACT

Sexual violence is a serious public health and human rights problem with both short and long-term repercussions for women’s physical, emotional, sexual and reproductive health. It is an anathema which sadly, permeates the human race. As absurd as it seems, civilization, technology and even laws have not been able to curb this dilemma as there are still reports on sexual violence regularly particularly against women. This however cannot be taken to mean that sexual violence does not operate against boys and men but for the purpose of this paper, attention is tilted towards women. In Africa, sexual violence against women has become so rampant due to distorted orientation which underscores the male superiority and portrays the women as weaker vessels that are used to satisfy the sexual urges of men. The major remedy to this violence which affects the sexual and reproductive health of women are the laws put in place to enforce the rights of women with respect to their reproductive health. This article seeks however to examine the laws that exist in relation to sexual and reproductive health rights of women and recommends that States in Africa subscribe to these laws to protect women from sexual violence.

Posted on April 21, 2020April 24, 2020 Written By ABUAD Law Review

The Adequacy of the Global Legal Regime on Deforestation

ABSTRACT

Forests are an essential part of life on earth. They serve a variety of purposes for ecosystems, humans, social groups, economies and the planet. Deforestation and forest degradation pose serious threats to forests and those who depend on forest resources for their livelihoods. As a result of this, efforts have been made at the national and international levels to address this challenge by laws and institutions for the implementation of these laws. The problem, however, is that laws enacted to address deforestation exist in various legislations which do not have this environmental challenge as their subject matter. This raises a further issue as some aspects of deforestation are properly regulated while some others are not. This work examines some provisions of laws, international and domestic, that govern forest degradation and deforestation in an attempt to determine the sufficiency of the existing laws to tackle this environmental challenge.

Posted on April 21, 2020April 24, 2020 Written By ABUAD Law Review

Marriage Disputes in Nigeria: Alternative Dispute Resolution Mechanisms as a Means of Resolution

ABSTRACT

The issue of marriage disputes is without doubt one worthy of serious and utmost attention. In Nigeria, the primary and major method of resolving marriage disputes is via litigation through a petition to the court as stated in the Matrimonial Causes Act 1970. Although the Act tends to provide for another means of resolution asides litigation, it seems to be a shadow of the actual law. This article is a discourse on the current law of resolving matrimonial disputes, pointing out the inadequacies and suggest new mechanisms for resolving marriage disputes. The article recommends that Alternative Dispute Resolution Mechanisms should be utilized in resolving marriage disputes. The doctrinal research methodology was utilized.

Posted on April 21, 2020April 24, 2020 Written By ABUAD Law Review

An Analysis of Child Marriage in Nigeria: a Case Study of Nothern Nigeria.

ABSTRACT

Child marriage is one of the subtle but disturbing problems Nigeria is faced with. This problem is predominantly practiced in Northern Nigeria. The practice of child marriage has numerous effects on its victim which can be attributed to several reasons, some of which are Vesicovaginal Fistula (VVF), susceptibility to Human Immune Virus (HIV), increased infant and mother mortality, amongst others. The government is yet to take bold and concise step towards quelling this problem, there is therefore a need for the government to take deliberate steps in combating this ill because non-apprehension and prosecution of offenders will allow them to continue perpetrating this evil against humanity hiding under religion amongst other reasons. This paper is therefore aimed at analyzing the phenomenon of child marriage in Nigeria, discussing extensively its facilitating factors and the numerous effects the horrifying practice has on its victim. Special focus is given to the Northern region of Nigeria. The paper further examines the position of Sharia Law and other regulatory framework governing child marriage in Nigeria with a consideration to the effectiveness of such laws. The paper concludes by recommending the review of the laws on child marriage in Nigeria.

Posted on April 21, 2020April 24, 2020 Written By ABUAD Law Review

The National Health Insurance Scheme: Its Benefits to the Health Care Delivery System in Nigeria and the Nagging Challenges

ABSTRACT

The healthcare delivery system in Nigeria like every other developing country is bedeviled with several issues and it has been proven that a National Health Insurance Scheme is capable of promoting and remodeling the condition of healthcare service in a country. This work aims to discuss the legal framework for the National Health Insurance Scheme (NHIS) in Nigeria considering its all-important functions and the near indispensability to the goal of achieving very affordable and proactive healthcare delivery system in Nigeria. The most important among the benefits of the scheme and all its offshoots is the provision of a readily available as well as a cost-effective access to good and very affordable healthcare services. This work shall conclude by providing suggestions by way of recommendations on how the NHIS can improve the healthcare delivery system in Nigeria which among others, is a need for a proper legal and regulatory framework that fit into the realities of Nigeria, bearing in mind the challenges which majorly is the lack of an adequate legal and regulatory framework which the Scheme currently faces in the country. This work employed a doctrinal research methodology as it engaged primary and secondary sources of law concerning the National Insurance Scheme in Nigeria and also acknowledging the views of writers, authors, assertions and contributions of various scholars which are relevant to the subject matter.

Posted on April 8, 2020April 20, 2020 Written By ABUAD Law Review

An Appraisal of Financial Technology in Nigeria: a Critical Analysis of Its Emergence, Impact and Regulatory Framework

ABSTRACT

Since 2007, Financial Technology has enjoyed rapid development in Nigeria and same is still on the rise. Often termed as the ‘new disruptive market force’, FinTech has challenged the traditional means of providing financial services in the country by improving activities in finance such as money transfer, payments, lending and borrowing, investment management and so much more. The technology has spurred the start-up and maintenance of several businesses, providing easy access to their services and has prompted development in today’s society. The use of such technological innovation has predicated the need for a framework to maintain stability in the financial sector, to ensure hitch-free operations and prevent the ever-looming threat of cybercrime through its stringent provisions. The paper examines Financial Technology in Nigeria, discussing extensively; its innovative growth and impact. The paper also briefly discussed the regulatory frameworks governing the sphere of Financial Technology in Nigeria and concluded by recommending the establishment of a cohesive and specific body for regulating FinTech activities in Nigeria.

Posted on April 8, 2020April 8, 2020 Written By ABUAD Law Review

The Contemptible State of the Health Sector in Nigeria: the Efficacy of the National Health Act 2014 in Addressing Issues in the Health Sector

ABSTRACT

It can be stated without much ado that the state and condition of the health sector in Nigeria is one which truly leaves more to be desired. What even continues to resonate in light of this fact is the minimal efforts channeled towards the reversal of this, a situation which ought to be one of maximum concern. The paper strongly avers that the situation in the health care sector in Nigeria is one which is nothing short of contemptible, despicable and appalling. Law, in light of its functions in modern day society, remains a kinetic force which pulls everything within its radar along the line of progression and this paper posits that once again this role of law is to be played in this pertinent sector of life. To relegate the issue of health care to the background is to invariably threaten the existence of life itself, therefore such an issue must be given priority amidst other concerns that plague our human existence. This paper aims to bring to fore the problems being faced by the health sector and go further to examine the adequacy of the National Health Act 2014 in changing the current situation by analyzing the provisions of this Act. The paper recommends the full implementation and enforcement of the National Health Act in an attempt to improve the state of health care in Nigeria.