Volume 42, Issue 2 (November)

Articles in this Issue

14 articles
1
Research Article

AN ASSESMENT OF EUTHANASIA OR MERCY KILLING AND ITS IMPACT ON HUMAN AND PEOPLE’S RIGHTS

Samuel UGBO*, Edema, Oritsegbemi Patricia

There is no gain in saying that it that so many people suffering terminal or life-threatening illnesses cry and request that their life be terminated rather than continuous stay on their sick bed for a long time especially when they are in pains and do not have the hope of recovering from such illnesses. An ill patient gets to a stage and becomes worrisome and therefore, request that his or her li...

Nov, 2024 pp. 1-19
2
Research Article

AN ANALYSIS OF THE INTERPLAY BETWEEN THE NIGERIAN CONSTITUTION AND LAND USE ACT, 1978: TRAVESTY OF NIGERIAN FEDERALISM AND CONSTITUTIONALISM?

Abubakar Mohammed Bokani*

The Land Use Act, 1978 (hereinafter referred to as “the Act”) vested most lands in each state of the federation in the Governor of each state. To achieve the objectives of the Act, it was promulgated and entrenched in the 1999 Constitution. However, some inconsistencies and contradictions have arisen from the entrenchment of the Act in the Constitution which seems to undermine the federal nature o...

Nov, 2024 pp. 20-38
3
Research Article

AN APPRAISAL OF THE JURISDICTION COURTS IN ASCERTAINING THE APPLICABLE LAW OF TORTS IN CONFLICT OF LAWS SITUATION

Mohammed Ajibola, Yusuf*, Dahiru Muhammad Sani, Dr. Farida Aisha Kera

Conflict of laws is an aspect of law which deals with conflict between different legal systems, whether at international or domestic levels. This aspect of law is mostly used to resolve the conflict between legal systems where parties to it come from different jurisdictions. There is generally uncertainty in the application of law of torts in conflict of laws situation in Nigeria especially where ...

Nov, 2024 pp. 39-56
4
Research Article

AN EXAMINATION OF THE DRAFTING STYLE OF STRICT LIABILITY OFFENCES IN NIGERIA

Nansat Stephanie Omoarebu*

There is a longstanding societal consensus that there should be no criminal punishment without moral blameworthiness. Nevertheless, a new dimension to the basic principles of criminal responsibility emerged, making it possible for a distinct group of offences to be punishable without regard to any mental element. These are known as strict liability offences. This paper seeks to examine the draftin...

Nov, 2024 pp. 57-67
5
Research Article

Cohabitation of Unmarried Couples: Its Consequences and Legal Redress in the Modern World

Lilian Ifeoma Nwabueze*, Nobert Chukwuka Okolie

Adults of opposite sex who have no blood affiliation are not expected to live together in close intimacy which encourages unguided physical and emotional contact. Legal approval to such cohabitation is derived only from marriage. Marriage automatically spells out during a couple’s lifetime and thereafter, the rights and obligations of each person and the duties they owe their off springs. The abov...

Nov, 2024 pp. 68-80
7
Research Article

EXAMINATION OF THE PRINCIPLES GOVERNING BELLIGERENT OCCUPATION UNDER INTERNATIONAL LAW: A STUDY OF ISRAEL’S OCCUPATION OF GAZA STRIP, 2023

Isa Yusuf*, A. M Darma

International humanitarian law imposes specific obligations on occupying powers, among them Israel in its continuing occupation of the Gaza Strip. Noting with great concern the events in Israel and Palestine since October 7, 2023, this paper provides an initial legal analysis of certain conduct undertaken by the armed forces of Israel and Hamas during the on-going conflict and the provision of IHL...

Nov, 2024 pp. 97-112
8
Research Article

NIGERIA’S EXTENDED CONTINENTAL SHELF: PROSPECTS AND CHALLENGES FOR THE BLUE ECONOMY PROJECT

Vincent Iwunze*

Under the United Nations Convention on the Laws of the Sea, 1982, a coastal State may make submissions to the Commission on the Limits of the Continental Shelf for extension of its continental shelf beyond 200 nautical miles where the natural prolongation of its shelf exceeds the 200-mile limit. In 2009, Nigeria made submissions to the Commission for an extended continental shelf. Finding Nigeria’...

Nov, 2024 pp. 113-135
9
Research Article

THE EXTENT OF THE POWER OF GOVERNOR IN THE EXERCISE OF LAND CONTROL AND MANAGEMENT IN NIGERIA

Theophilus C. Nwano*

This paper critically examines the extent of the power of Governor in the Exercise of Land Control and Management in Nigeria. The central question to this paper is the extent of balance in the powers exercisable by the State Governor. The paper discovers that the powers of the State Governor is excessively absolute and finds that Government powers over land control and management poses serious thr...

Nov, 2024 pp. 136-156
10
Research Article

NAVIGATING A COMPLEX TERRAIN: EXPLORING THE LIMITS OF HARMONIZING MARRIAGE LAWS IN NIGERIA

Hameenat Bukola Ojibara*

Marriage laws in Nigeria represent a complex amalgamation of native law and customs, religious doctrines, and legislative provisions. This has made its application and administration extremely complex especially where more than one of these laws apply to the parties. Such a situation has heightened the calls for harmonization of marriage laws in Nigeria. However, not much attention has been given ...

Nov, 2024 pp. 157-169
11
Research Article

Safeguarding the Rights of women and children upon divorce under Customary Law in Nigeria

Peter O. Itsueli*

The rights of women and children are often trampled upon when there is a divorce under customary law. The customary law wife is responsible for taking care of her husband and children sometimes without assistance and she basically has no life of her own without her husband. Her identity is subsumed in those of her husband she is basically entitled to what her husband allows. Her children also suff...

Nov, 2024 pp. 170-183
12
Research Article

AN APPRAISAL OF THE LEGAL FRAMEWORK FOR PROMOTING FINANCIAL INCLUSION OF WOMEN IN NIGERIA

U. S. Bebeji*

Financial inclusion is one of the surest pathways to economic development and equitable distribution of wealth. Modern economies themselves are built around the financial sector, as most opportunities come through and are aided by banks and other financial institutions. The article appraises the legal framework for the inclusion of women in the Nigerian financial stream. With more than half of Nig...

Nov, 2024 pp. 184-195
13
Research Article

AN EVALUATION OF THE RIGHTS OF VICTIMS OF MEDICAL NEGLIGENCE UNDER THE NIGERIAN LAW

Nduwdie E. Oton*, Nsikan A. Udoka

This work examined the current Nigerian laws and practices on the Rights of Victims of Medical Negligence. With Nigeria’s debilitating healthcare system, cases of medical negligence are on a surge, while litigation for damages in medical negligence are inhibited because the plaintiffs/victims are usually ladened with a heavy burden of proving negligence against the erring medical practitioners. Th...

Nov, 2024 pp. 196-206
14
Research Article

THE POSITION OF CONCURRING JUDGMENT IN MATTERS DECIDED BY THE APPELLATE COURTS IN NIGERIA AND ITS IMPACT ON JUDICIAL PRECEDENTS: REVIEWING THE SUPREME COURT DECISION IN MAGAJI v NIGERIAN ARMY

Musa Yahaya*, Tauheed Adam, Asma’u Muhammad Sulaiman, Idris Baba Mohammed

In the legal system, court decisions are established as "precedent," which lower court judges must adhere to when presented with similar cases. The majority opinion holds the weight of the court's judgment, while a concurring opinion aligns with the majority decision but presents alternative reasoning. Although, concurring opinions are not considered precedents and cannot be cited as such, this pa...

Nov, 2024 pp. 207-218
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