Volume 23-24, (2005-2006)

1

Research Article DOI: 10.67203/abulj.2006.wqooqgwr

TOWARDS A COMPREHENSIVE BAN ON LAND MINES; THE OTTAWA TREATY IN PERSPECTIVE

IBRAHIM SHEHU^*

The convention on the prohibition of the use, stockpiling, production and transfer of anti-personnel mines and on their destruction (“The Ottawa treaty”) is part of the international concern over the widespread suffering caused by anti-personnel mines. The convention is principally based on customary rules of international humanitarian law applicable to all states. These rules tacitly prohibit the...

Oct, 2006 pp. 1-9

2

Research Article DOI: 10.67203/abulj.2006.8wspjyes

TOWARDS AN EFFECTIVE AFRICAN SYSTEM FOR ACCESS To JUSTICE IN ENVIRONMENTAL MATTERS

Muhammad Tawfiq Ladan^*

It is clear from the aims and objectives of this African Regional Experts Meeting! that although a lot takes place at the national level that is still a need for the United Nations Environment Programme? (UNEP) to enhance and. promote the Rio Declaration Principles especially Principle 10, and create an enabling environment for Governments to build capacity in this area by learning from each other...

Oct, 2006 pp. 10-40

3

Research Article DOI: 10.67203/abulj.2006.viz82h4e

AN APPRAISAL: OVERLAPPING JURISDICTION BETWEEN MORALITY AND CRIMINALITY

Oji, Suleiman Ikepechukwu^*

The aim of this paper is manifold. First, it intend to examine, the Report of the English Wolfendon Report, on the relation, between law and morals. Thereafter, commentaries which ensued after that report, particularly, the views of Lord Delvin agreeing and, disagreeing with some aspects of that report, will be highlighted. Secondly, t the difficulty which is usually encountered in an attempt to u...

Oct, 2006 pp. 41-55

4

Research Article DOI: 10.67203/abulj.2006.4jkbbss8

THE KADUNA STATE TORTS LAW PROVISIONS ON FATAL ACCIDENTS AS AN ATTEMPT AT DOING JUSTICE IN DIVERSITY: A CRITICAL REVIEW

Saleh Mohammed Kanam^*

The Kaduna State torts Law was promulgated as an Edict in 1987 but later adopted as a law in 1991 and hence, contained in the laws of Kaduna State 1991 at its Chapter 12. Part 1 of the law deals with fatal accident claims. Apart from satisfying two of the basic reasons for legislation, viz; ensuring regulated conduct and catering for the welfare of citizens, the law framers appear to have made a m...

Oct, 2006 pp. 56-64

5

Research Article DOI: 10.67203/abulj.2006.4va54uqa

THE RATIONALE BEHIND THE APPLICATION OF PUNISHMENT IN ISLAMIC LAW

Y. Y. Bambale^*

The first consideration any penal system is concerned with, is the punishment of the offender. Therefore, the rationale behind the punishment is an essential step in understanding such penal system. Also the application of any given penal system cannot be justified unless it has become clear that the rationale of punishment can successfully achieve the required ends and objectives. 

Oct, 2006 pp. 65−74

6

Research Article DOI: 10.67203/abulj.2006.g3qdwcps

AN APPRAISAL OF THE PRINCIPLES OF HAUZI (PRESCRIPTION/ ADVERSE POSSESSION) UNDER ISLAMIC LAW

Sani Idris^*

Ownership or title to land may generally be acquired through several means such as purchase, inheritance, gift, grant, settlement, cultivation of a barren land etc. It is well settled and trite that in the case of a dispute over land the act of ownership or claim of title may be proved in one of five ways. This position has long been settled by the Supreme Court in the case of Idundun vs. Okumagba...

Oct, 2006 pp. 75−85

7

Research Article DOI: 10.67203/abulj.2006.jk9agb6r

STABILITY OF INVESTMENT CONTRACTS AND THE GLOBALIZATION OF FINANCE

A. K. Usman^*

Multinationals operating mostly in developing countries always want security of tenure for their capital investment in such countries. They inject into investment contracts provisions that seek to preserve not only the life span of the agreement but its essential terms. In seeking to. achieve this, legitimacy of maintaining the status quo is often sought from the principle of sanctity of contract ...

Oct, 2006 pp. 86-93

8

Research Article DOI: 10.67203/abulj.2006.vmsro11j

STRIKE AS A LABOUR UNION TOOL IN NIGERIA: REFLECTIONS ON TRADE UNION ACT, 2005

Audi J.A.M^*

The Year 2005 brought with it the Trade Union (Amendment) Act which introduces some further elements of democracy in Unionism, as well as additional prohibition on the already prohibited work stoppages in Nigeria. It aims at regulating the relationships between labour and government as partners in development. This paper intends to explore the effects of the law on Nigeria’s trade unions and worke...

Oct, 2006 pp. 94-109

9

Research Article DOI: 10.67203/abulj.2006.heip6a41

RESOURCE CONTROL AND THE NIGERIAN CONSTITUTION

B. Y. IBRAHIM^*

Mineral oil is said to constitute about 70% of the total national revenue in Nigeria with a Significant percentage coming from the Niger Delta Area. Prior to the discovery of mineral oil in commercial quantity, Nigeria was earning its national revenue from agricultural produce like cocoa, palm oil, groundnuts, rubber, cotton, hides and skin etc. The burning issue of the moment is the clamour from ...

Oct, 2006 pp. 110-120

10

Research Article DOI: 10.67203/abulj.2006.d5osdcfa

ACHIEVING POVERTY ALLEVIATION IN NIGERIA: LEGAL AND REGULATORY CHALLENGES IN WATER MANAGEMENT

I. J. Goldface Irokalibe^*

Present federal efforts at poverty alleviation seeks to promote effective and equitable development of all sectors of the national population in general and the rural poor in particular i in order to attain long term social and economic development. Water sustains life and every developmental effort of mankind will translate into nothing without its availability in the right quality and quantity w...

Oct, 2006 pp. 121-132

11

Research Article DOI: 10.67203/abulj.2006.0qvw3nd8

A CASE FOR CORPORATE LIABILITY FOR INSIDER TRADING OFFENCES IN NIGERIA

Ali Hussein Linus^*

The phenomenon of ‘insider trading otherwise referred to, as ‘insider dealing’ by some learned authors is inextricably associated with unlawful transactions in company securities, The insider trader may be defined as a person or individual who uses price sensitive information or knowledge acquired by virtue of his privileged position in a corporation, either arising from holding an office or by co...

Oct, 2006 pp. 150-175

12

Research Article DOI: 10.67203/abulj.2006.9dc3mfuk

THE LAW OF THE SEA AND ITS APPLICATION IN THE EXPLORATION OF HYDROCARBON DEPOSITS IN DEEP OFFSHORE NIGERIA

ILOBA-ANINYE O^*

The Truman Proclamation of 28 September, 1945 started a process which has culminated in the ‘rat’ race by coastal state to extend the limits of their control, of expanse areas of the sea with the objective of harnessing the natural resources therein for the benefits of their people. Prior to that the freedom to navigate on and fish in the high seas were being challenged in the 15 and 16 centuries ...

Oct, 2006 pp. 176-186

13

Research Article DOI: 10.67203/abulj.2006.1ozqttcs

A CRITICAL ANALYSIS OF THE PUBLIC AND PRIVATE COMPANY DICHOTOMY UNDER THE COMPANIES AND ALLIED MATTERS ACT 2004

A. A. Akume^*

Nigeria's principal companies legislation classifies all categories of incorporated companies into two broad groups, i.e. private companies and public companies.³ The CAMA has statutorily provided the distinction³ between these two broad groupings of companies in Nigeria. Under the said distinction, limitations are placed on the private company, the absence of which is supposed to be the advantage...

Oct, 2006 pp. 133 - 149