Volume 24, Issue 1 (June)

Articles in this Issue

18 articles
1
Research Article DOI: 10.67203/abulj.2006.0mhzy634

ELECTION PETITIONS IN NIGERIA: BUHARI v. OBASANJO IN PERSPECTIVE

B. Y. IBRAHIM*

At independence in 1960, Nigeria was set on the path of democracy and the rule of law, an important aspect of which is a periodic election. Elections are the only means by which a legitimate government can be formed in any democratic country, the world over, Nigeria inclusive. A prominent feature of Nigeria’s democratic bottleneck seems to be the outcome of every elections, since 1966. Such outcom...

Jun, 2006 pp. 1-25
2
Research Article DOI: 10.67203/abulj.2006.o2d6bjzf

MANDATORY DEATH PENALTY: SENTENCING POLICY AND THE ATTITUDE OF COURTS IN NIGERIA

Izzat Ullah*, U.S. Abbo Jimeta, Ibrahim Labaran Nguru

Whereas a host of penalties await a convicted offender the sentence of death stands at the apex of the categories of punishments! that are provided under the Nigerian penal laws. Death Penalty is recognized as a legitimate punishment by the Constitution? as well as by the Criminal Code and Penal Code. In Nigeria, like virtually every other country, offences are subject to classification. Some offe...

Jun, 2006 pp. 26-36
3
Research Article DOI: 10.67203/abulj.2006.awvlg6t5

THE SCOPE AND SOURCES OF INTELLECTUAL PROPERTY LAW IN NIGERIA

UMARU M. J*

Intellectual property is an idea, a design, etc that somebody has created which the law protects by preventing other people from copying same.’ It encompasses such legal concepts as copyright, trade marks, patents, designs right and also includes rights against disclosure of trade secrets and unfair competition. It is a category of intangible rights protecting commercially valuable products of the...

Jun, 2006 pp. 37-49
4
Research Article DOI: 10.67203/abulj.2006.hrczv20h

THE CHICAGO CONVENTION ON INTERNATIONAL CIvIL AVIATION OF 1944: CATALYST TO OR DESTROYER OF INCENTIVES FOR MULTILATERAL AIR SERVICES?

Solomon Musa*

It is trite law that treaties and conventions are the most common sources of international law and ipso facto, sources of air law. Treaties may be bilateral or multilateral. They represent the assertion or expression of free sovereign will by states arrived at sometimes after intense negotiation and horse-trading. During the Second World War, it became clear that aviation needed to be organized on...

Jun, 2006 pp. 50-62
6
Research Article DOI: 10.67203/abulj.2006.4r1k4z92

LEGAL AND ECONOMIC ISSUES IN STOCK SELECTION

S.A. Apinega*

The capital market is replete with many stocks and shares, which offer investors the advantage of diversification of investments. The market provides a variety of instruments, which could serve the specific needs and objective of investors. These instruments are generally called Securities.1 The Investment and Securities Act (ISA) does not define the term ‘investment’, This is a grievous omission ...

Jun, 2006 pp. 101-113
7
Research Article DOI: 10.67203/abulj.2006.m8cjneto

QUALIFICATION, DUTIES AND MODE OF APPOINTING HEAD OF STATE IN ISLAMIC CONSTITUTIONAL LAW; THE VIEWS OF THE FOUNDERS OF THE SOKOTO CALIPHATE

Ibrahim Naiya Sada*

Perhaps the most important specific contribution of Islam to constitutional theory is the integration and harmonization of the executive and legislative arms of government. A sharp division of powers between the legislature and the executive, under the American Presidential system is considered to be the effective safeguard against possible abuse of power by the executive. The merit of this divisi...

Jun, 2006 pp. 114-128
8
Research Article DOI: 10.67203/abulj.2006.zoj4t10w

EDOKPOLO V SEM-EDO WIRE INDUSTRIES LTD: REVISITED

Joseph E.O. Abuga*

The above-captioned case, the subject of this review, is a notable decision of the Supreme Court on some fundamental principles of company law. It explores the common law principles on a company’s liability for pre-incorporation contracts and the famous rule in Foss v Harbottle. It is no gain saying that the Supreme Court's pronouncement on the applicability of settled English principles of common...

Jun, 2006 pp. 129-143
9
Research Article DOI: 10.67203/abulj.2006.fg8tw4v9

THE IMPERATIVE OF REVIEWING THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES

Kabir Mohammed Danladi*

The 1999 Nigerian Constitution, under Chapter IV, provides for Fundamental Human Rights. These rights are basic rights, basic in the. sense that they are important to the existence and development of every human being. A whole Chapter enshrines these rights in the 1999 Constitution like all other previous Nigerian constitutions. These rights are not just ordinary rights. They are justiciable right...

Jun, 2006 pp. 144-155
10
Research Article DOI: 10.67203/abulj.2006.cvni574q

PETROLEUM PRODUCTS PRICING: A CRITIQUE OF THE LEGAL FRAMEWORK AND THE FALLACY OF SUBSIDY IN THE OIL AND GAS SECTOR

ILOBA-ANINYE O*

The issue of petroleum product prices has been endemic in the country as a result of the all-pervasive importance of the products. Without these products the nation practically grinds to a halt. That is why any change in price results in a reaction from Nigerians that bothers on revolution. Car owners resort to the use of public transportation, public transportation owners raise the cost of transp...

Jun, 2006 pp. 156-170
11
Research Article DOI: 10.67203/abulj.2006.ev7pwvz9

THE RIGHTS OF CITIZENS AND GOVERNMENT PREROGATIVE UNDER ISLAMIC LAW

Ibrahim Ahmad Aliyu*

The citizens of a state, under the Islamic Law, have certain fundamental rights against the state that must be protected by it. It is only where the state does its utmost efforts in protecting these rights, that it has even the right to exist and have its corresponding rights against the citizens. This means that, under the Islamic Law, as the rights of the citizen are not unlimited and unrestrict...

Jun, 2006 pp. 171-180
12
Research Article DOI: 10.67203/abulj.2006.0mhrln16

AN APPRAISAL OF THE CUSTODIAL RIGHTS OF AN OFFENDER IN THE NIGERIAN PENAL SYSTEM

A. I. BAPPAH*

Imprisonment is essentially a form of punishment imposed on the offender by courts or tribunals. However, it is the sentence of imprisonment, and not the treatment accorded in prisons that constitute the punishment. This is so because offenders come to prison not for punishment but as punishment imposed on them by a court of law based on the principles of revenge (ie retribution) or expiation or d...

Jun, 2006 pp. 181-195
13
Research Article DOI: 10.67203/abulj.2006.e6v2hbk5

THE EXTENT OF THE ADMISSIBILITY OF EVIDENCE OF WOMEN IN ISLAMIC LAW

Y. Y. Bambale*

The position of women since the beginning of history to date is viewed from different perspectives, especially as it affects the admissibility of their evidence. In many places, women had no rights at all and treated. worse than animals; and had no say in anything whatsoever. Their proper place was considered to be in the home or working in the fields and at other medial duties, with no regard for...

Jun, 2006 pp. 196-201
14
Research Article DOI: 10.67203/abulj.2006.7fowgytx

THE INTERNATIONALISATION OF THE NIGERIAN CAPITAL MARKET AND THE DYNAMICS OF MODERN SECURITIES FRAUD AND REGULATION

H. L. Ali*

The trade in securities is one of the virile features of the Nigerian Capital Market. The market is comprised of several operators. These may be classified into two: in the first category are the regulatory institutions, with the Exchange. Commission (SEC) as the apex regulatory authority. Others are the self-regulatory organizations such as the Nigerian Stock Exchange, the Central Securities Clea...

Jun, 2006 pp. 202-228
15
Research Article DOI: 10.67203/abulj.2006.vj9kx1hu

THE LAW RELATING TO TENEMENT RATES/PROPERTY TAXES AT LOCAL GOVERNMENT LEVEL: THE NEED FOR REFORM

Odigie D. U*

Tenement rate or property tax is one of the sources of revenue to local government councils. Most local government authorities pursue with vigour, payment of taxes on premises that are categorized by law as tenements. Despite the concerted effort, actual revenue generated from tenements remains grossly inadequate, compared with the projected revenue. The factors that are responsible for this uncom...

Jun, 2006 pp. 229-241
17
Research Article DOI: 10.67203/abulj.2006.6sspt189

RETRACING THE INITIAL FORMULATIONS OF WORLD OVER POPULATION AND METHODS OF CONTROL: IDEOLOGICAL SPLIT AND DISPUTE ANALYSIS

B. A Haruna*

There has been an unending debate and dispute on the particular issue of whether the world is over populated with people or that there is nothing wrong with the current, and indeed further growth in the population. On the one side of the dived are those who see the world as heading for-a global catastrophe giving the way that world population is growing. They see that very'soon, assuming we are no...

Jun, 2006 pp. 256-277
18
Research Article DOI: 10.67203/abulj.2006.2900h38q

THE AFRICAN COURT OF HUMAN AND PEOPLES RIGHT: RE-WORKING THE HUMAN RIGHTS REGIME OF NIGERIA

Yusuf Dankofa*

Nigeria often referred to as the giant of Africa and also the most populous black nation in the world have not been able to convince the international community that the above mentioned appellations are not mere conjectures, infact in retrospect, they are simply superflous. What manner of a continental giant will continue to formulate rules and policies that are at variance with international norm...

Jun, 2006 pp. 278-290
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