Volume 20, Issue 1 (June)

1

Research Article DOI: 10.67203/abulj.2002.vcj4rsak

TOWARDS A NEIGHBOURHOOD ENVIRONMENTAL PROTECTION REGIME: AN APPRAISAL OF NIGERIAN AND INTERNATIONAL ENVIRONMENTAL PROTECTION LAWS

A. K. Usman^*

The neighbourhood’s test propounded by Lord Atkin in the locus classicus case of Donoghue Vs Stevenson! was intended for consumer protection. The facts of the case were that the appellant brought an action against the respondent because she had suffered injury as a result of drinking and seeing contaminated contents of ginger beer containing decomposed remains of a snail. The beer was manufactured...

May, 2002 pp. 1-7

2

Research Article DOI: 10.67203/abulj.2002.w2cl28kb

CONSTITUTIONAL STATUS OF LOCAL GOVERNMENT UNDER THE 1999 CONSTITUTION: AN APPRAISAL

N. M. Jamo^*

Local government have in recent times excited a lot of interest especially because of the enormous revenue which they sccm to be getting from the federation account and whether or not the state government have an absolute control over their affairs, Jt 1s indeed an honour to examine such important topic.' The main focus of this paper is to consider the legal and constitutional status of the local ...

May, 2002 pp. 8-17

3

Research Article DOI: 10.67203/abulj.2002.uscyy3t4

THE IMPACT OF NEIGHBOUR PRINCIPLE ON THE DOCTRINE OF PRIVITY OF CONTRACT

S. M. Kanam^*

Though prior to the formulation of the neighbour principle there were (and still arc) known areas of overlap between contract and torts that have not led to any threatened or actual exclusion of the application (wholly or partly) of one or the other principles of both laws. Rather, the overlap offer their litigants the opportunity of choosing under which of the laws to institute his case in a cour...

Jun, 2002 pp. 18-28

4

Research Article DOI: 10.67203/abulj.2002.swmcudkl

TRANSNATIONAL STATE RESPONSIBILITY FOR ENVIRONMENTAL HARMS IN INTERNATIONAL LAW

M. T. Ladan^*

International environmental law challenges many fundamental concepts of traditional international law. It puts limits on State Sovereignty, intrudes into the domestic jurisdiction and territorial integrity of States, creates greater responsibilities for States, and involves many non-state entities in the process of international law. The sheer scale of the environmental issues' means that national...

May, 2002 pp. 29-40

5

Research Article DOI: 10.67203/abulj.2002.07ht10xo

THE CONCEPT AND STATUS OF SEXUALITY, REPRODUCTION & PARENTS- CHILDREN RELATIONSHIP UNDER ISLAMIC LAW.

G. M. Fari^*

Islamic Law has its own unique and balanced approach towards the problems of the rights and responsibilities of human beings. On one side, it grants rights to the people. ensuring that these rights do not encroach on the rights of others and, on the other side, it assigns duties and responsibilities to the people, considering that these duties do not clash with the duties of others. In such a fram...

May, 2002 pp. 41-47

6

Research Article DOI: 10.67203/abulj.2002.cwpdp59o

THE PHILOSOPHY BEHIND THE CONCEPT OF STRICT LIABILITY OFFENCES

S. Oji^*

This paper undertakes to examine the philosophy underlying the concept of Strict liability offences. This will be done. by first examining the position of the law on the offence under common law and, this will be followed by examining the various techniques adopted by courts to impute strict liability into a penal section, where the legislative intention is not clear. Factors, which weigh on the c...

May, 2002 pp. 48-62

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Research Article DOI: 10.67203/abulj.2002.f0a694iv

SOVEREIGN IMMUNITY AND THE ENFORCEMENT OF CONTRACT

O. O. Adeojo^*

Sovereignty as understood in international law is the exclusive right to assert within a clearly defined limits the functions of a state. It refers to the supreme, absolute and uncontrollable power by which the independent state is governed having supreme political authority, paramount control of the constitution combined with the rights and powers of regulating its internal affairs without foreig...

May, 2002 pp. 63-76

8

Research Article DOI: 10.67203/abulj.2002.pspb8nd7

ARE CONDEMNED PERSONS ENTITLED TO ENFORCE THEIR FUNDAMENTAL RIGHTS?

A. Olatubosun^*

If a person condemned to death by a court of competent jurisdiction complains under Chapter IV of the Federal Republic of Nigeria 1999 (the Constitution) that any of the provisions of this Chapter has been breached in regard to him, is he entitled to enforce these rights? And if he is so entitled, to which of the provisions, before which court can he seek redress? These issues and other related on...

May, 2002 pp. 77-91

9

Research Article DOI: 10.67203/abulj.2002.4ghiyj6x

AN APPRAISAL OF HUMAN RIGHTS IN ISLAMIC LAW AND THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999

Y. Y. Bambale^*

Human rights in Islam are those rights which have been bestowed and guaranteed by the Almighty Allah. They cannot be amended, changed, abrogated or withdrawn by any executive, legislative or judicial body or anybody at all. The rights are not mere theoretical concepts. They are backed up by sanctions in case of violation. Therefore, in an Islamic state, these (human) rights must be accepted, recog...

May, 2002 pp. 92-110

10

Research Article DOI: 10.67203/abulj.2002.zfzmf498

THE NATURE AND PHILOSOPHY OF THE INSTITUTION OF POLYGAMY IN ISLAMIC

A. M. Gurin^*

Polygamy means the plurality of mates, 1.e. on¢:man marrying more than one wife. More specifically, ifa man has more than one wifeat the same time, he is said to be polygamous. On the other hand, if a woman has more than one husband, it is called polyandry. Although social scientists apply the term “polygamy” both to the practice in which a woman is married to more than one husband precisely calle...

Jun, 2002 pp. 111-125

11

Research Article DOI: 10.67203/abulj.2002.fpgo72n3

AN ANALYSIS OF THE CONCEPT OF PROPERTY IN PERSON UNDER NATIVE LAW AND CUSTOM IN NIGERIA

Y. Aboki^*

When we talk about property what itnmediately comes to our minds, more Often than not, is the ownership of things by human beings. That is, things that have no will oftheir own, For example, animals, birds, trees, land, houses, tables, cars, radios, clothes, vlc Rarely, do we think that customary property law has recognized and provided fo, other forms of property. For example, Customary Law has p...

Jun, 2002 pp. 126-141

12

Research Article DOI: 10.67203/abulj.2002.voslcfoe

A BIRD'S EYE VIEW OF BANKERS’ OBLIGATION TO HONOUR CUSTOMERS’ CHEQUES

Agom A. R^*

Banks are global phenomena. They have grown into and remained institutions for savings and provision of financial cushion. Savings are necessary pre-requisites for investment. In its unique role banks intermediate between surplus and deficit economic variables. It has overtime developed into an effective economic machinery for the allocation of funds for investment. It is the fulcrum of the money-...

May, 2002 pp. 142-156

13

Research Article DOI: 10.67203/abulj.2002.7b3dmzpv

A CASE FOR THE REFORM AND HARMONIZATION OF COMPANIES INCOME TAX LEGISLATION IN NIGERIA

H. L. Ali^*

What the author considers the current dissatisfactory state of our tax laws in general! and our Company Income Tax legislation? in particular prompt this paper. It aims at highlighting the scattered nature and in some cases incomprehensible and complex state of our company tax law, with a view to suggesting ways of improving on them. The perspective of this paper shall be to identify the authority...

May, 2002 pp. 157-172

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Research Article DOI: 10.67203/abulj.2002.t5yoxw1l

DO LAWYERS REALLY HAVE A RIGHT OF AUDIENCE IN THE SHARIA COURT OF APPEAL IN NIGERIA? Karimatu Yakubu and Anor v Alhaji Yakubu Paiko and Anor Revisited.

A. A. Oba^*

In Karimatu Yakubu and Anor v Alhaji Yakubu Paiko and Ano,' the Court of Appeal decided that under the 1979 Constitution of the Federal Republic of Nigeria, legal practitioners have a right of audience in the Sharia Court of Appeal. Although, the 1979 Constitution has now been replaced by the 1999 Constitution, this decision is still law because the relevant provisions of both constitutions on the...

May, 2002 pp. 173-186

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Research Article DOI: 10.67203/abulj.2002.snmqs3lg

RUSSIAN BOMBING OF CHECHNYA: TOWARD AN EFFECTIVE MONITORING SYSTEM OF VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW BY THE UNITED NATIONS

IBRAHIM SHEHU^*

The bombardment of Chechnya by Russian forces paves a new dimension to the question for peaceful settlement of disputes by members of the international community and posses a crucial challenge to both international law and the United Nations Charter. It is pertinent to state that from the provision of all the legal regimes dealing with the conduct of hostilities! there is no justification of the b...

Jun, 2002 pp. 187-195

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Research Article DOI: 10.67203/abulj.2002.lceq43w2

WHETHER WRITTEN ADDRESSES FILED AND EXCHANGED WITHOUT READING IN OPEN COURT NULLIFIES THE ENTIRE TRIAL AMINU MIKAILU VS. THE STATE (2001) 8 NWLR PT. 715, 469 (C.A.)

A. A. Akume^*

After the close of evidence by both sides to a case before the court, it is part of the trial process in Magistrate and High Courts etc. for counsel to both parties to deliver an address before the court. The address by counsel is the summation of all the major and important aspects of the evidence of each party, together with the judicial and statutory authorities relied on to prove one’s case.

May, 2002 pp. 196-203