Volume 26 (2007)

1

Research Article DOI: 10.67203/abulj.2007.kpo9j7st

APPLICATION OF TRUST LAW IN THE ADMINISTRATION OF INTELLECTUAL PROPERTY IN NIGERIA: AN OVERVIEW

IBRAHIM ABDULKARIM^*

The concept of property has changed significantly from the traditional to » new concept. Thus property is scientifically defined, as the jural relations ee as between two Or more persons in relation to a thing. It is not the thing itself but the right to use and enjoy the thing. It included the right to exclude others from using the things. But to many laymen, when we talk of property what normall...

May, 2007 pp. 253-266

2

Research Article DOI: 10.67203/abulj.2007.q9i3k8q6

HARMONIZATION OF BUSINESS LAWS IN AFRICA: THE CONFLUENCE OF OUADA AND NIGERIA COMPANY LAW

Agom A. R^*

The eradication of mass poverty is the greatest challenge facing contemporary Africa. The direct result of our history has been the fragmentation of the continent into small and barely viable political and economic states. The fall out of this balkanization is the underdevelopment, poverty. exploitation and marginalisation of Africa within the global economy. These have festered inimical consequen...

May, 2007 pp. 97-116

3

Research Article DOI: 10.67203/abulj.2007.904yhg43

A PLEA FOR CAUTION WHEN DRAFTING OR SIGNING INTERNATIONAL AGREEMENTS

Ibrahim Ahmad Aliyu^*, Bala Babaji

The middle of the twentieth century has seen the gradual spread and entrenchment of ideas and ways of doing things in a very striking and similar style that seemed to make all countries of the world alike(globalization) in their culture, commercial practices, military structure, legal systems, media and entertainment and even sports. These growing similarities have led some people to believe that ...

May, 2007 pp. 208-232

4

Research Article DOI: 10.67203/abulj.2007.rewnvjf5

REFLECTIONS ON RESOURCE CONFLICT AND POLITICO-LEGAL VIOLENCE IN NIGERIA'S JURISPRUDENCE

CHRIS WIGWE^*

The struggle to control resources shows a particular kind of struggle, a historical but human conflict. It is an age long conflict of contro! of one man over the next man. It is a conflict over the ownership and control of resources. This conflict, over the centuries, has adopted several strategies ranging from systematic subjugation and decimation of the weak and powerless to outright armed confl...

May, 2007 pp. 174-185

5

Research Article DOI: 10.67203/abulj.2007.odru6g2a

THE SCOPE OF THE RIGHT TO PRIVACY UNDER THE 1999 CONSTITUTION

Nuhu Mohammed JAMO^*

Chapter IV of the 1999 Constitution, which spanned from sections 33- 46 provides for the fundamental rights. The fundamental rights in Nigeria were first recommended to be part of the body of our laws in the Minorities Commission Reports of 1957, thereafter demands for these rights were made in the constitutional conferences of 1957 and 1958, and Balewa Govemment agreed to incorporate them in the ...

May, 2007 pp. 8-25

6

Research Article DOI: 10.67203/abulj.2007.5vaclcu7

WHO IS GOING TO PAY THE BILL FOR THE “PROMISE IN OVERDRAFT?: A REJOINDER

Sani Idris^*

Mr. Jochen Katz, one of the critics of Islam published an article titled: Who is going to pay the bill for the “promise in overdraft?” in http://www.answering-islam.org/Quran/Contr/i001.html web-site. He started his, pages 1-2 with the quotation of the three most important verses on Islamic law of inheritance. In his preliminary remarks he confessed that the provisions look rather difficult and co...

May, 2007 pp. 26-57

7

Research Article DOI: 10.67203/abulj.2007.h9h4lpmg

PERSPECTIVES OF WOMEN’S REPRODUCTIVE RIGHTS UNDER ISLAMIC LAW: TOWARDS AN IDEAL REPRODUCTIVE RIGHT

Kabir Mohammed Danladi^*

“The notion of to health emerged recently. Historically, issues related to the health of populations and the availability of health care was not considered to be a major social or governmental concern. While health was valued as an important and beneficial asset, it was assumed to be in the private rather than the public or social domain. Moreover, until a century ago, little was understood about ...

May, 2007 pp. 186-198

8

Research Article DOI: 10.67203/abulj.2007.oy62izk2

AN ASSESSMENT OF THE EFFECT OF POVERTY ON ELECTION, RULE OF LAW AND CRIMINALITY IN NIGERIA

Atidoga, D.F^*

In any decent society the world over, there should be a system that allows for descent existence. In such a system, there must exist a government that is responsive and accountable to the people. Democracy seems to provide the type of society envisaged by this demand of modernity. For any system to be described as being democratic, there must be a mechanism for the operation of rule of law and the...

May, 2007 pp. 160-174

9

Research Article DOI: 10.67203/abulj.2007.hui7lv2c

STRIKES IN NIGERIA: LEGAL IMPLICATION AND CHALLENGES

Audi J.A.M^*

Both labour and management have certain interests to protect. Management expects to secure labour at the price that would allow a reasonable margin for investment. Also, workers expect real wages to’ increase steadily, to have a reasonable standard of living and to have job security. Furthermore, management expects the production and distribution of goods and supply of services which is planned on...

May, 2007 pp. 58-73

10

Research Article DOI: 10.67203/abulj.2007.mgrge6yo

AN APPRAISAL OF THE POST TRIAL BENEFITS ACCRUING To AN OFFENDER ON THE COURTS RECOURSE TO CONVICTION OR DISCHARGE

A. I. BAPPAH^*

During a criminal proceeding, three separate and distinct’acts take place, in sequence as to time. First is the entry of a plea of guilty or not guilty made by the accused person. Second, is a judgment of conviction or acquittal based upon the plea, and third, a sentence. A plea of guilty by the accused person is treated as confession of guilt in open court. A judgment is the declaration of the co...

May, 2007 pp. 74-96

11

Research Article DOI: 10.67203/abulj.2007.a6ejv0l2

MULTINATIONAL ENTERPRISESAND TAX AVOIDANCE IN NIGERIA

John D C^*

The growing internationalization of economic activities has given rise of recent to taxation problems in the sphere of international investment. In a developing country like Nigeria, multinational business transactions usually take place between members of the group such as the sale of goods, the provision of services, the licensing of patents and know – how, the granting of loans and so on. It is...

May, 2007 pp. 299-314

12

Research Article DOI: 10.67203/abulj.2007.q1hb2k5h

AVIATION SECURITY AND SAFETY ASSESSMENT OF INTERNATIONAL LEGAL INSTRUMENTS

Solomon Musa^*

No science has been developed so quickly in its practical application to the activities of men as the science of aeronautics. No other activity has held such vast potentials for the lives of people and destinies of nations. No other activity so needs the law to keep pace with it from one country to another and from one stage of its development to the next. The use of aircraft has destroyed all eff...

May, 2007 pp. 233-252

13

Research Article DOI: 10.67203/abulj.2007.01ciqkka

CONFLICT MANAGEMENT IN ISLAMIC LAW

Prof. Bambale Yunusa yahaya^*

Conflicts are very common and almost inevitable, some are beneficial while others are not. The line that distinguishes the two is a thin one and not constant. But it usually depends on the culture, tolerance and ability to take stress. This prompted Mu'awiyyah, the founder of the Umayyad Caliphate to say thus:-"if there were one string of hair linking him to the people, it would not be cut. If the...

May, 2007 pp. 1-7

14

Research Article DOI: 10.67203/abulj.2007.g2swfruk

A COMPARATIVE EVALUATION OF THE PROBLEMS OF THE AFRICAN HUMAN RIGHTS COURT AND AFRICAN COURT OF JUSTICE

YERIMA, Timothy Fwa^*

The establishment of African Human Rights Court had long been overdue. This was not because the European and Inter-American human rights systems had, over many decades ago, established Human Rights Court in their respective Continents; but because Africa has been known for its egregious violation of human rights; a continent some times called human richts grave yard! However, that Human Rights Cou...

May, 2007 pp. 130-159

15

Research Article DOI: 10.67203/abulj.2007.s96lebks

LAND USE ACT, 1978: A REALITY OR A FICTION?

Dalhatu M B^*

A major development in Nigerian land law and conveyance was the enactment of the Land Use Act, 1978: The Land Use Act of 1978 was promulgated into law on the 29th of March 1978. The law was revolutionary in essence and was meant to reassert and preserve the right of all Nigerians to the land of Nigeria’.

May, 2007 pp. 284-298

16

Research Article DOI: 10.67203/abulj.2007.dfkbe3x5

COMPARATIVE ANALYSIS ON THE CONCEPT OF MORTGAGE UNDER ENGLISH AND ISLAMIC LAW

Dr. Farida Aisha Kera^*

It is common practice that people resort to mortgage institutions for raising money to finance projects such as the purchase of house or improvement on existing Ones, commercial transactions and development of agricultural sector by pledging their property as collateral (i.e. Security for the loan). This type of loan is usually referred to as mortgage. Mortgage therefore can simply be described as...

May, 2007 pp. 199-207

17

Research Article DOI: 10.67203/abulj.2007.e5zhpeq9

THE INTERFACE BETWEEN EMPLOYERS AND EMPLOYEES: A CASE FOR AN IMPROVED LEGAL ORDER TO SECURE EMPLOYMENT MATTERS IN NIGERIA

Yusuf Dankofa^*

The Concept of legality in this topic pre-supposes a condition where law as un important arm of the Legal System would regulate employment matters und protect employees. This is true. The main functions of law is to foster and maintain social cohesion, progress and justice in all spheres of human activities. Therefore in the area of employment matters, law must be. seen to preserve positive values...

May, 2007 pp. 331-344

18

Research Article DOI: 10.67203/abulj.2007.bl4hqip1

ISRAEL’S BOMBING OF LEBANON: A CASE OF HUMANITARIAN CATASTROPHE AND AN AFFRONT AGAINST THE GENEVA CONVENTIONS

IBRAHIM SHEHU^*

The situation in the Middle East could rightly be described as one ¥ humanity Ss worst humanitarian catastrophe in the light of Israel s continue sir strikes of Gaza and Lebanon. The dimension of the crisis in the Middle East region is such that unless the International community assumes a critical and systematic approach toward resolving the well entrenched injustice perpetrated by Israel and its...

May, 2007 pp. 253-266

19

Research Article DOI: 10.67203/abulj.2007.tgc72jin

AN ANALYSIS OF AL-QISM AS A CO-WIFE’S RIGHT IN ISLAMIC LAW

MUHAMMAD ARSALAN MUHAMMAD^*

The nght of Al-Qism (allocation of nights among wives) is very wide, it covers not only allocation of nights between co-wives by a husband, but it equally extends to the house or apartment to be given to each wife. The right of Al-Qism or allocation of nights among co-wives has remained a very recurrent and challenging one. It has been subjected to much misunderstanding and abuse, sometimes due to...

May, 2007 pp. 117-128

20

Research Article DOI: 10.67203/abulj.2007.fov8kyqq

MENTAL ELEMENT OF RAPE

Oji, Suleiman Ikepechukwu^*, Akande, Idiat Funmilola

What is the requisite mental element of the offence of rape is not a settled point of law. Analysis in this paper has highlighted this fact. The theoretical framework of this paper is aimed at depicting the éssential constituents of the offence of rape under Nigerian law and under English law. Salient points on how to establish the offence of rape under these laws are thoroughly examined. This is ...

May, 2007 pp. 315-330