For easy navigation of the content of the ABUAD Law review, you can go through the table of contents below. I have provided the list of topics. So, if there’s anyone you’re interested in, just click on it. Read More…
Category: ABUAD Law Review
The Role of the Court in Arbitration, Under the Arbitration and Conciliation Act 2004
ABSTRACT
In the art of sophisticated dispute resolution the strategic fusion of the available means of dispute resolution is indispensable, it will be naïve to think otherwise. The various issues with regards the high litigation rates and expensive access to justice are a problem for policymakers and a nightmare for litigants and this has made people opt for an alternative means to dispute resolution. As arbitration grew worldwide, it began to gain the preference of most businessmen in Nigeria as a way of settling their dispute and the attitude of the courts began to change to a positive one towards arbitration. An attempt at a strategic fusion of arbitration and litigation to resolve disputes has been reiterated by the court in a plethora of cases. This essay examines the role the courts have played and continue to play a supportive role in ensuring that arbitration process in Nigeria is strengthened and empowered to perform its role in dispute resolution. It clarifies the functions of the court stipulated by the law on arbitration to deal with arbitration matters and the doctrinal bedrock of the functions and constraints on the tribunal and court in arbitral proceedings. This essay recommends the amendment of the Act in order to incorporate some emerging trends in other jurisdictions and the expansion of arbitral powers to enable the arbitral tribunal better deliver justice to the arbitral parties with confidence.
The Criminal Justice System and Rape: an Argument for the Modification of the Irrebutable Presumption Under Section 30 of the Nigeria Criminal Code
ABSTRACT
The child or young person is never held responsible for his wrongs. This concept of family or group responsibility is posited on the notion that until a person is an adult which is the age of responsibility, the family to which he belongs is legally responsible for his actions.[1] In light of this the criminal law is drafted such that a 12 year old being is incapable of rape. The law also makes this an irrebuttable presumption. For the reasons outlined in this work; the writers opine this to be an unrealistic approach in the way that, the physical development of a male child does not, in reality preempt him from having carnal knowledge. The writers also aver that the cognitive factor of a minor’s capability to understand his offence should be given paramount consideration. It is on this basis; it is submitted in this work that, to reduce the occurrence of the offence of rape, a strict deterrent is to be placed on the crime for all offenders and so while a child may not be convicted for the offence of rape, such a child may be convicted of offences which have a lesser punishment than the offence of rape[2] and therefore law makers should consider appropriate amendment for the provision of law.
Nolle Prosequi and the Attorney-general: a Clear Demand for Regulations
ABSTRACT
The purpose for which any law may be enacted cannot be located at the outside the desire to ensure peace, order, and the protection of the rights of every citizen. Our laws are creations of reasoning and principles which should at all times be vigorous even at the test of reasonableness. The powers allotted to the Attorney-General in the Nigerian Constitution is in the humble opinion of this researcher, an imperfect fortune because it is not subject to any restraints whatsoever. This paper examines the power of the Attorney-General as contained in section 174 of the Constitution of the Federal Republic of Nigeria 1999 i.e. the power to institute criminal proceedings, to take over criminal proceedings instituted by any other person under his fiat, and to discontinue criminal proceedings at any stage before judgment is delivered. Mention shall also be made of the scope of exercise of these salient powers. Furthermore, this paper shall also consider the historical development of this office and how it emerged with such powers which is considered enormous in this study. The focus of this study shall be centered on the power to discontinue criminal proceedings which is otherwise known as nolle prosequi, the tendency of abuse of this ostensibly unfettered discretion, and the need to ensure that substantive justice at all times preponderates and substantially dominates the desire of a single person to exercise a constitutional power irrespective of the professional nomenclature. At the end of this study, the researcher shall humbly and respectfully make recommendations which are not geared towards a condemnation of the antique nolle prosequi, but focused on the need to prevent abuse and miscarriage of justice which has recently become unavoidable and often frequents the exercise of this power.
Reducing Crimes and the Recidivism Rate: a Comparative Study of the Nigerian, Norweigian and United States Prison Systems.
ABSTRACT
It is commonly said that you do not know the value of a thing until you lose it. It is easy to ignore life behind bars when you have your freedom on the outside. Incarceration or imprisonment is a punishment imposed by law for the commission of an offence. Generally, an incarcerated individual still has his rights though some may be restricted such as the right to freedom of movement, as is the case with imprisoned fellows. He is not sentenced to imprisonment to die due to congestion, transmittable diseases, poor quality food or any of the myriad of deplorable conditions plaguing all Nigerian prisons. This study seeks to prove how a more conducive correctional facility would reduce crime and recidivism rates in Nigeria by drawing a comparison between the prison systems in Nigeria and that of US and Norway which boasts of the best prison facilities across the globe.
Domain Names and Consumer Protection in Electronic Transactions in Nigeria
ABSTRACT
The world has evolved to a time where the information and communication technologies and the internet technologies run through every activity of man. Trade and commerce is no exception to this. The assimilation of these internet technologies and ICTs in the trade and commercial sector leads to what is now known as ‘electronic commerce’ or ‘e-commerce’. Currently, a lot of transactions are carried out on the internet without the need for physical contact or communication between the parties to such transactions. In spite of the advantages which this may pose, which are clearly endless, the fact that there is no adequate protection and security in these transactions will continue to cause a disinclination on the part of the buyers. This work seeks to address the current issues which exist in the practice of e commerce and the extent to which consumers are protected in electronic transactions, while suggesting recommendations for the issues which would be identified. Read More…
An Analysis of Corporate Governance in Nigeria
ABSTRACT
When the term ‘corporate governance’ is mentioned, two things come to the fore, ‘corporations’ and ‘governance’. It follows therefore that corporate governance simply refers to the way an organization governs itself. The importance of corporate governance in any corporate entity or any economy cannot be over emphasized considering the principles it promotes, such as accountability, transparency and fairness. The unexpected collapse of prominent companies like WorldCom and Enron led many developed countries to pay better attention to corporate governance. Regulators established codes of governance which were to serve as a guide to corporate behavior. This paper examines the history of corporate governance in Nigeria, alongside the effort she is making to develop a corporate governance framework that will stand the test of time considering the recent issuance of the Nigerian Code of Corporate Governance 2018. This paper will also consider the issues which corporate governance framework faces in Nigeria which range from institutional challenges, corruption, poor corporate governance culture, multiplicity of codes on corporate governance and weak regulatory mechanisms to protection of whistle blowers to ascertain if the main challenge of our corporate governance framework is actually inadequacy of laws or ineffective implementation of recommendations by the codes. The findings in this paper reveal the viability of Nigeria’s corporate laws and codes on corporate governance and concludes that the challenges that come with the practicability of corporate governance in Nigeria require the combatting of corruption, effective implementation of the recommendations of the codes, effective monitoring by the Corporate Affairs Commission (CAC) and the Securities and Exchange Commission (SEC) of business practices by entities and lastly, the protection of whistle blowers stating in passing the framework of the United Kingdom. Read More…
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.
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.
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.