Volume 28, Issue 1 (May)

1

Research Article DOI: 10.67203/abulj.2008.a51kvv7z

DISMISSAL AND TERMINATION OF CONTRACT OF EMPLOYMENT IN NIGERIA

Audi J.A.M^*

The relationship betwecn an employer and his employee is taken as regulated by the individual contract of employment. Vital aspects of that contract remain supposedly agreed by the parties without interference based on the common law rule that parties are free to enter into contracts, including contract of employment. Unfortunately, the doctrine of freedom of contract did not consider parties, who...

May, 2008 pp. 1-13

2

Research Article DOI: 10.67203/abulj.2008.hlxbtdk3

AN APPRAISAL OF THE NOVEL PROVISIONS OF THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES 2009

M. T. JIBRIL, A. ISHAQ^*

The Constitution of the Federal Republic of Nigeria ( CFRN) 1999 contained provisions of fundamental ni ghts under Chapter IV. Fundamenta] rights are rights derived from natural or fundamental law. They are significant component of liberty, encroachments of which are rigorously tested by courts to ascertain the soundness of purported governmental justifications.2 The premise of the inalienable rig...

May, 2008 pp. 14-26

3

Research Article DOI: 10.67203/abulj.2008.nvhpnirc

AN EXAMINATION OF WHETHER DISCHARGING PATIENTS AGAINST MEDICAL ADVICE CONFER LEGAL PROTECTION ON MEDICAL PRACTITIONERS

A. I. BAPPAH^*, MAI A.

The responsibility of a doctor to his patient commences as soon as the doctor undertakes to medically evaluate the patient. And once a doctor undertakes to treat a patient, whether or not there is an agreement a duty of care arises. | Patients are people with medical problems who seek a solution from the health team. The medical evaluation is a process of clinical decision making which follows a l...

May, 2008 pp. 27-38

4

Research Article DOI: 10.67203/abulj.2008.5tarn12k

A CONFLICT BETWEEN LEGAL PRACTITIONERS’ RULES ON CONFIDENTIALITY AND THE EFCC ACT?

UMARU M. J^*

When information is given to a person under express or implied confidentiality, the person must respect the confidence. In other words, when a person undertakes to keep secrets, he imposes upon himself a moral duty of confidentiality and shall therefore not breach the confidence. He must not share such secret or confidential information with other people. This simple moral precept must have formed...

May, 2008 pp. 39-47

5

Research Article DOI: 10.67203/abulj.2008.d22sjcp6

ISLAMIC CONCEPT OF THE INTERNATIONAL LAW (THE SIYAR)

Umar Salihu Mohammed^*

The Islamic concept of international law, is not a system separate from the Shariah, it is rather an extension of the Shariah designed to govern the relationship of the Muslims with their counterparts (the non-Muslims), whether inside or outside the territory of Islam. Islamic law of Nations does not exist as a separate system in the sense that the modern municipal (national) law or international ...

May, 2008 pp. 48-61

6

Research Article DOI: 10.67203/abulj.2008.r4iqawm6

The World Trade Organization (WTO) Decision — Making Process: A Critique

Onuh Paul Igoche^*

The World Trade Organization (WTO) came into existence in 1995 as the successor of the General Agreement on Tariff and Trade (GATT), which has operated provisionally since 1947. It is concerned with international economic policy co-operation. Hence, it provides a common institutional framework for the conduct of trade relations among its member states. ' The agreement establishing the WTO created ...

May, 2008 pp. 62-73

7

Research Article DOI: 10.67203/abulj.2008.kyp2o0tw

THE TAXATION OF LIMITED LIABILITY COMPANIES IN NIGERIA

John D C^*

This paper discusses the law as it relates to the taxation of the profits or income of companies which started in Nigeria in 1912 followed by series of amending Acts! leading to the introduction of a comprehensive company taxation in 1961 and the witnessing in 1990 of the birth or consolidation of the existing companies income tax legislation codified as the Companies Income Tax Act (CITA).

May, 2008 pp. 74-98

8

Research Article DOI: 10.67203/abulj.2008.8l2trl9x

TRADE MARKS PROTECTION AND ENFORCEMENT IN NIGERIA: PROSPECTS FOR NATIONAL DEVELOPMENT

A.A Adewole^*

Sometime in the year 2007, the Federal Government unveiled a blueprint for the actualization of Nigeria’s desire to be among the top 20 countries of the world by the year 2020.' In the realization of this vision, it is expected that the real” and services sectors of the economy would lead the charge in this effort by growing the Gross Domestic Product (GDP) of the country. In the contemporary worl...

May, 2008 pp. 99-108

9

Research Article DOI: 10.67203/abulj.2008.h9ll1ez9

THE INFLUENCE OF INTERNATIONAL LAW OF THE SEA ON THE DEVELOPMENT OF MARITIME LAW IN NIGERIA

S.A. Apinega^*

The seas have two significant functions, to wit as a medium of transportation and also as a vast reservoir of resources, both living and non- living. These functions have necessitated and engendered the development of legal rules to govern the exploitation and use of the sea. It is true that in all human endeavours whenever human beings interact — laws are necessary to provide sanctions, guideline...

May, 2008 pp. 115-131

10

Research Article DOI: 10.67203/abulj.2008.nfrl7os9

An Appraisal of the Right of Self Defence in Islamic Law

Dalhat Idris^*

Where the attack is on one’s honour the jurists are unanimous that the right to self defence is a duty. Thus where a man attacks a woman in order to rape her and the latter can only defend herself by killing the assailant, then it will be her duty to kill him if she can. Allowing the assailant, in this situation, to overcome her is unlawful for the woman since she has the ability to resist the att...

May, 2008 pp. 115-131

11

Research Article DOI: 10.67203/abulj.2008.w9zn0rxi

MARRIAGE IN ISLAMIC LAW AND THE CASE OF AHMAD SANI [YERIMAN BAKURA]

U.S. Abbo Jimeta^*, Umar Alkali, Amina Nur Alkali

Marriage in Islamic Law is a sacred contract which involves a man and a woman who would themselves benefit from the union as well as benefit the community in several aspects. It is probably for this reason that several laws are being formulated to safeguard the union. Several countries have fixed an age for which persons are allowed to get married. However, the marriageable age in Islamic law tend...

May, 2008 pp. 132-141

12

Research Article DOI: 10.67203/abulj.2008.xxr0rmts

FABRICATION OF HADITH AND ITS CAUSES: AN APPRAISAL

MUHAMMAD ARSALAN MUHAMMAD^*

The Qur'an and Sunnah form the cornerstones of Islam. Both are indispensable sources of Islamic law as one cannot practice Islam without consulting both of them. For this reason, the Sunnah has been studied almost with the same care as the Qur’an. It was recorded studied and transmitted down the centuries through succeeding generations. The Prophet (S.A.W) on the other hand, was described by A’ish...

May, 2008 pp. 142-151

13

Research Article DOI: 10.67203/abulj.2008.4mzjstxa

CERTAIN PUNCTUATIONS IN PUBLIC OFFERS AND SALE OF SECURITIES IN NIGERIA COMPANY LAW

A.R. Hassan^*

This paper will be treated in two phases, namely as treated in the Companies and Allied Matters Act (CAMA) 2004 and in the Securities and Investment Act (ISA) 2007, as well as in the Securities and Exchange Commission (SEC) (Rules) 2007'. Because of the fact that the provisions of the CAMA 2004, are at variance with those of ISA 2007 and the SEC Rules 2007, the two Acts and SEC Rules will be treat...

May, 2008 pp. 152-162

14

Research Article DOI: 10.67203/abulj.2008.y7lvx7i8

THE PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA: ISSUES AND CHALLENGES IN IMPLIMENTATION IN NIGERIA

Bala Babaji^*

Women including girls in Nigeria, Africa and the world at large constitute a very significant population whose future, rights and developments must not be ignored, neglected and or deprived for the development and progress of any society. However, women in Nigeria and other Africa countries often than not suffer from series of neglect, abuse, harmful and discriminatory practices and violence from ...

May, 2008 pp. 163-186

15

Research Article DOI: 10.67203/abulj.2008.yusryicq

The Annual Conference of Nigerian Association of Law Teachers: Cerebral, Jamboree or a Ritual?

Solomon Musa^*

“Conference” is defined as the act of conferring: an appointed meeting for instruction or discussion! And “confer” is defined as to give or bestow: to talk or consult together.” Conference, therefore is synonymous with instruction, discussion, consultation or talking. It imports a gathering or convocation of like minds having a productive discourse and interaction on a given subject or subjects wi...

May, 2008 pp. 187-195

16

Research Article DOI: 10.67203/abulj.2008.byqwv49y

JUDICIAL ACTIVISM; NEW GARMENT FOR SECTION 16, COURT OF APPEAL ACT, 2004

Agom A. R^*

Disputes are inherent in human interactions. They accompany changes jn behavior compelled by changes in circumstances. In other words, disputes call for readjustment of relationships. This adjustment may be minimal radical, gradual or temporal. However, whatever the degree of change disputes engender, they are not in themselves bad. On the contrary, they can be veritable enhancers of human relatio...

May, 2008 pp. 196-211

17

Research Article DOI: 10.67203/abulj.2008.vubra31z

AN APPRAISAL OF THE LEGAL FRAMEWORK FOR DISPUTE RESOLUTION AND ENFORCEMENT IN THE TELECOMMUNICATION INDUSTRIES IN NIGERIA

U.D. Ikoni^*

The global telecommunications sector is in the midst of a transformation caused by privatization, liberalization, and technological change. These trends have dramatically changed the way the sector functions. The number of service providers has increased substantially, as has the range of services they offer. Old business models and commercial arrangements are being abandoned or bypassed while new...

May, 2008 pp. 212-245

18

Research Article DOI: 10.67203/abulj.2008.yvggp6kl

PRACTICE AND PROCEDURE ON ADMINISTRATION OF ESTATE UNDER ISLAMIC LAW IN TITE NORTHERN STATES OF NIGIERIA

UTHMAN DANLADI KEFFI^*

Those that have become actively engaged in and are familiar with the practical administration of estates under Islamic law, know very well that the success of the work does not rest squarely on mastering the figh of inheritance and arithmetical calculations only. other factors include those matters which even though do not form the basic knowledge of the distribution of estate under Islamic law, b...

May, 2008 pp. 246-278