Volume 39 (2019)

1

Research Article DOI: 10.67203/abulj.2019.9b1pv9om

AN ANALYSIS ON THE POWERS OF THE PUBLIC COMPLAINT COMMISSION IN THE PROTECTION OF CITIZENS’ RIGHTS IN NIGERIA

Maryam Ibrahim Abdullahi^*

The Public Complaints Commission (PCC) came into existence as a result of the Public Complaints Commission Act of 2004. The purpose of the act is to establish the Public Complaints Commission with wide powers to inquire into complaints by members of the public concerning the administrative action of any public authority and companies or their officials, and other matters ancillary thereto. Searchi...

Aug, 2019 pp. 369-379

2

Research Article DOI: 10.67203/abulj.2019.2c70dux4

AN ANALYSIS OF ELECTRONIC DOCUMENTATION OF CONTRACTS IN ISLAMIC LAW

Bala Babaji^*, Umar Sani Bebeji

We are in an age where the life of the average human is trapped in a virtual cocoon, such that it is pretentious to ignore its overwhelming influence in all aspects of human endeavour. Our social, economic, religious, cultural and even political lives are dictated by the electronic and digital atmosphere. We buy cellular phones, tablets or personal computers, obtain SIM cards to enable us to acces...

Aug, 2019 pp. 345-368

3

Research Article DOI: 10.67203/abulj.2019.8ynxlii8

AN ANALYSIS OF ADMINISTRATIVE APPEALS IN THE NIGERIAN JUSTICE SYSTEM

Ayodeji Awobiyide^*

Administrative Agencies are an integral part of the workings of the executive arm of government in a democratic society. Their actions and decisions have significant bearing on the workings of each arm of government notwithstanding the concept of separation of powers. Persons aggrieved by decisions of administrative agencies ordinarily ought to be able to challenge the decision of the administrati...

Aug, 2019 pp. 326-344

4

Research Article DOI: 10.67203/abulj.2019.ljyit56w

APPRAISAL OF THE INSTITUTIONAL FRAMEWORK FOR THE ENFORCEMENT OF COPYRIGHT LAWS IN NIGERIA; NIGERIAN COPYRIGHT COMMISSION IN PERSPECTIVE

IBRAHIM ABDULKARIM^*, Abdullahi Shehu

In the globalization and abandon intellectual innovation, a nation must be able to rip her ideas, inventions, creative works towards technological advancement and global competitiveness. To foster natural talent, Nigeria need to identify her intellectual researchers and inventors, it also need to create a friendly environment and initiate strategies to protect all the intellectual stakeholders and...

Aug, 2019 pp. 304-325

5

Research Article DOI: 10.67203/abulj.2019.08bm31jv

AN ANALYSIS OF LEGAL AND REGULATORY ISSUES FOR TAKAFUL OPERATIONS UNDER ISLAMIC LAW

Maryam Dikko^*

Takaful is the alternative method of providing insurance services that is deemed acceptable for Muslims but since its introduction, questions have been raised concerning the methods used in providing the service and the legal implications attached to each facet of operations. The aim of this paper is to highlight the various concerns raised by Muslim scholars and analysts concerning takaful operat...

Aug, 2019 pp. 277-286

6

Research Article DOI: 10.67203/abulj.2019.6wrddv3a

AN EXAMINATION OF THE DEVELOPMENT OF THE PRINCIPLE OF NON-INTERVENTION UNDER INTERNATIONAL LAW

Mustapha Shehu Sheka^*

The principle of non-intervention has its origin as far back as medieval period. It is a well-established principle of customary international law. Its purpose is to limit illegal involvement of one country in the affairs of others in the ordinary course of relationship among civilized nations. That is to say, states are sovereign and free from intervention. Sovereignty is what protects preserves ...

Aug, 2019 pp. 287-303

7

Research Article DOI: 10.67203/abulj.2019.wxndgbx0

FEDERALISM AND UNIFIED POLICE SYSTEM: A PRODUCT OF POLITICALEXIGENCY IN NIGERIA

Taiwo L. O^*, Orifowomo O. A

If there is any major issue which has generated an unending controversy in Nigeria, it is the continued agitation for state police. The security situation in the country is the trigger for the renewed agitation. It is found that the Federal Police are presently incapable of securing lives and properties in the country as a result of myriads of factors. Agitators of state police believe that a cent...

Aug, 2019 pp. 257-276

8

Research Article DOI: 10.67203/abulj.2019.fzzbci2m

COMPARATIVE ANALYSIS OF THE LEGAL REGIME ON TELECOMMUNICATION CONSUMER PROTECTION IN NIGERIA AND MALAYSIA

Adamu Mahmud Yakubu^*, Ahmed Rabiu

Every human society, from the most primitive to the most advanced, depends on some form of telecommunications network. It will be virtually impossible for any group of people to define their collective identities or make decisions about their common and binding interests without communications. _Communication is a vital aspect of human existence and * effective telecommunications services enhance ...

Aug, 2019 pp. 241-256

9

Research Article DOI: 10.67203/abulj.2019.xtfm7qwd

AN APPRAISAL OF THE METHODOLOGIES FOR LEGAL RESEARCH IN NIGERIA

Dalhat A. Idris^*, Eleje Hussein Suleiman, Nuhu Abdulsalam Tahir, Hamza Haladu

There are varieties of legal research methodologies that a legal researcher can choose to carry out research. These methodologies range from the general approaches of legal research to specific ones. The general methodologies consist of approaches such as Qualitative, Quantitative, Analytical, Case Study, Theoretical and Comparative Study. The specific methodologies include Doctrinal, Empirical an...

Aug, 2019 pp. 226-240

10

Research Article DOI: 10.67203/abulj.2019.hxyuyxei

AN EXAMINATION OF THE USE OF HUMAN REASONING (IJTIHAD) AS A SOURCE OF LAW IN THE EARLY PERIOD OF DEVELOPMENT OF ISLAMIC LAW

Abdulazeez Adavize Sadeeq^*, Salim Bashir Magashi, Maryam Ahmad

In Islamic law, the express textual injunction in the Quran and Sunnah are - limited in number, while the incidents and problems of life are unlimited and unending. It would therefore be unreasonable and illogical to assert that all the problems and exigencies of life will be covered by the textual injunction. Reason demands that rules of law should be derived from the primary sources by scientifi...

Aug, 2019 pp. 211-225

11

Research Article DOI: 10.67203/abulj.2019.x1mgxrsz

AN ANALYSIS OF THE PRACTICE AND PROCESSES OF CONSTITUTIONAL AMENDMENT IN NIGERIA

Muhammad Tukur Jibril^*

Constitution is the paramount source of all legal cum political authority in a polity. Nigeria operates a written and supreme Constitution. One aspect of supremacy of the Constitution is that the National Assembly alone is incapable of altering it without collaboration with the State Houses of Assembly or with the people’s vote in a referendum. Amendments of some provisions in the Constitution, th...

Aug, 2019 pp. 187-198

12

Research Article DOI: 10.67203/abulj.2019.yd0ciike

RIGHT TO FAIR HEARING: A REFLECTION ON THE PROCEDURE FOR PROSCRIPTION OF TERRORIST ORGANISATION UNDER THE TERRORISM PREVENTION ACT, 2011 (AS AMENDED)

Saleh Mohammed Kanam^*, Abdussalam Idris Waziri

For about a decade now, Nigeria has suffered sustained attacks. by terrorist organizations such as the Boko Haram in the North East, and IPOB in the South East. These attacks have led to huge loss of lives, properties and infrastructural facilities such as Schools, Hospitals, Electricity, roads etc. particularly in the North East where Boko Haram operates. The Nigerian Government has put measures ...

Aug, 2019 pp. 199-210

13

Research Article DOI: 10.67203/abulj.2019.2x85jyu3

AN EXAMINATION OF THE OBLIGATION OF SEA WORTHINESS IN CARRIAGE OF GOODS BY SEA: A CONDITION OR WARRANTY?

Jamila Shuaibu^*

The carrier’s duty to provide a seaworthy vessel has received considerable attention, worldwide, from courts, scholars and others in the shipping industry. This attention has resulted in the production of different national laws and international conventions to govern the shipping industry in general and seaworthiness in particular. Every voyage at sea has an antecedent phase, the loading stage. I...

Aug, 2019 pp. 172-186

14

Research Article DOI: 10.67203/abulj.2019.au3224lm

GENDER DISCRIMINATION IN THE NIGERIAN LAW OF RAPE: CONTEMPORARY PERSPECTIVES

Abubakar Adamu Garkuwa^*, Nasiru Balan Malam, Linda Malchit Daze

This work was motivated by the need for adequate legislation on the subject of rape in Nigeria. It focused on the law of rape—in Nigeria—and how the law of rape discriminates men by not covering instances of male rape. The work analyzed and juxtaposed the contemporary perspective of the law of rape in Nigeria vis a vis other jurisdictions. The article aimed at examining how Nigerian law of rape is...

Aug, 2019 pp. 141-152

15

Research Article DOI: 10.67203/abulj.2019.mpmz6usw

A CRITIQUE OF THE ATTORNEY - GENERAL'S POWER, TO GIVE LEGAL ADVICE IN THE ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA

Dalhat A. Idris^*, Ibrahim Umar

The Attorney —General is the principal law Officer of the Federation or of a State as the case may be. He is empowered by the Constitution of the Federal Republic of Nigeria 1999 (as amended) to institute, take over and continue or discontinue Criminal proceedings against any person before any Court of law in Nigeria except Court Martial. The Attorney — General also issues legal advice or such oth...

Aug, 2019 pp. 126-140

16

Research Article DOI: 10.67203/abulj.2019.0y3i8zfc

SECULARISM, ISLAMISATION AND THE PROSPECTS OF SUKUK UNDER NIGERIAN LAW

Umar Sani Bebeji^*, Bashir Mohammed Chalawa

The Federal Government of Nigeria (FGN) recently floated Sukuk bonds to finance road projects across the country. No sooner this was done, individuals and interest groups across the nation expressed varying degrees of dissent against the initiative, tagging it a plot to “Islamise” Nigeria, against the spirit and letter of the Constitution, and a violation of Nigeria’s secular status. In light of t...

Aug, 2019 pp. 111-125

17

Research Article DOI: 10.67203/abulj.2019.cvqywh6y

THE ROLE OF INTERNATIONAL HUMANITARIAN LAW IN THE PROTECTION OF PLACES OF WORSHIP AND RELIGIOUS OBJECTS IN ARMED CONFLICT: LESSONS FOR NIGERIA

Bello Abdullahi^*

This paper analyzes the role of International Humanitarian Law (IHL) in the protection of places of worship and religious objects in armed conflict with particular reference to its domestic application in Nigeria. While the international community today inclusive of Nigeria witnesses recurrent instances of attacks on places of worship and religious objects thereby killing worshippers in their perf...

Aug, 2019 pp. 91-110

18

Research Article DOI: 10.67203/abulj.2019.5dugyss4

AN EXAMINATION OF THE APPLICATION OF ISLAMIC LAW OF SUCCESSION IN NORTHERN NIGERIA: THE EVOLUTION OF UNWANTED PRACTICES

Yakubu Babayo^*, Haruna Alhaji Garba

This paper examines the challenges and new evolution in the implementation of Islamic law of succession in northern Nigeria. Proper implementation of Islamic law of succession is an obligatory ‘ act to all Muslims as an Ummah. This denotes that, this aspect of Islamic law must be looked after and protected by the whole Ummah. In any situation where there is abnormality evolving in the distribution...

Aug, 2019 pp. 76-90

19

Research Article DOI: 10.67203/abulj.2019.n13wxodu

A CRITICAL ANALYSIS OF THE PREVAILING JUDICIAL POSITION ON THE DETERMINATION OF PRE-ELECTION MATTERS IN NIGERIA

Ishaq Usman Bello^*

Internal party democracy still remains a source of concern in \"Nigeria as political party primary elections are often marred by acrimonies due to manipulation of results, allegation of exclusion of aspirants as well as substitution or changing the lists of delegates. This paper therefore analyzed the role court on the determination of such pre-election matters in Nigeria. Doctrinal method was ado...

Aug, 2019 pp. 50-75

20

Research Article DOI: 10.67203/abulj.2019.l18rtxum

THE NEED FOR SPECIFIC LEGAL FRAMEWORK FOR MEDICAL IDENTITY THEFT IN NIGERIA

Dike C. Obalum^*, Uwakwe Abugu, Maureen Stanley-Idum

Medical identity theft (MIT) is a sensitive subject that concerns patients, potential patients, health insurance companies, health care providers, the general populace and governments. The concern has been heightened by the growing emphasis on privacy and security of electronic health information and the need to develop measures to protect them. Identity is a set of behavioural or personal charact...

Aug, 2019 pp. 38-49

21

Research Article DOI: 10.67203/abulj.2019.p9die234

DEEPENING DEMOCRACY IN NIGERIA: FOCUS ON LEGISLATURE-EXECUTIVE COLLABORATION

Mamman Lawan^*, Dahiru Jafaru Usman, Masud Magaji Narimi

Separation of powers is a fundamental feature of federal democracies. The 1999 Constitution of the Federal Republic of Nigeria like its predecessors separated the legislative, executive and judicial departments of government to avoid tyranny. The expectation of the constitution makers is for cooperation between the three arms of government. Adopting a doctrinal methodology, this paper specifically...

Aug, 2019 pp. 1-20

22

Research Article DOI: 10.67203/abulj.2019.ocuppj4d

AN APPRAISAL OF THE RIGHT TO SUE FOR THE TORT OF PRIVATE NUISANCE IN NIGERIA

Dahiru Muhammad Sani^*

Liability in the tort of nuisance can be categorised into public and private. Public nuisance is generally a crime unless where the right of an individual has been affected in which case the tortuous aspect of public nuisance will come into play. Nuisance is generally a tort against property and therefore, no cause of action could be based on nuisance unless the nuisance affects property or the en...

Aug, 2019 pp. 21-37

23

Research Article DOI: 10.67203/abulj.2019.sd02ow21

GUARDIANSHIP OF CHILDREN IN ISLAMIC LAW AND THE CHILD’S RIGHTS ACT 2003: A COMPARATIVE ANALYSIS

Hafsatu Sulaiman^*

As the saying goes “children are the leaders of tomorrow” and. for their tomorrow to be bright and positive, they need to beproperly guided. This can be achieved either by the biologicalparents or the guardians. Islamic law has provided detailed -provisions for the guidance of such children in terms of theirperson and property. The Child’s Rights Act also attempts todo so. This paper did a compara...

Aug, 2019 pp. 153-171