THE POSITION OF THE LAW VIS-À-VIS VICTIMS OF GUNSHOTS IN NIGERIA

The illegal influx of guns in Nigeria is quite alarming and needs urgent regulation. Statistically, at the National Consultation on Physical Security and Stockpile Management (PSSM) in Abuja, organized by the United Nations Regional Centre for Peace and Disarmament in Africa (UNREC) and the Presidential Committee on Small Arms and Light Weapons (PRESCOM), it was revealed that Nigeria hosts 350 million or 70 per cent of the 500 million illegal arms in West Africa.

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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.

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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.

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