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    APPELLATE JURISDICTION OF NIGERIAN COURTS IN CIVIL MATTERS
    (1979) USMAN, ABDULLAHI
    The majority of appellants and some appellate courts are ignorant or oblivious of the proper rules of appeal as a result of which a lot of injustices and caprices are associated with appeals; leading to the miscarriage of justice. It is in view of this that the topic of this thesis, namely, "Appellate Jurisdiction of Nigerian Courts in Civil Matters, has been chosen. This study is to present and analyse the nature and extent of the practices and proceedings of appeals in our courts in sivil matters and to show the need for the impartial application of the rules of appeal with the hope that justice would be duly administered to all parties concerned in accordance with the provisions of the law applicable to appeals with the view of avoiding miscarriage of justice0 The study is composed of six chapters. Chapter one is an introduction consisting of nature of appeals, objectives and scope of the thesis as well as the method of approach adopted. vii Chapter two discusses civil appeals in the Upper Area Court which include the historical background of the court, its appellate jurisdiction and procedural matters with regard to appeals in the court. The chapter will also look into civil appeals in the customary Court of Appeal and discuss, generally, application of Customary Law, Historical background of the Courts, its appellate jurisdiction and constitution as well as procedures on appeal to the courto Chapter three examines civil appeals in the High Court and the Sharia Court of Appeal. With regard to the High Court, there will be a brief historical outline of the court, its applicable legislation in respect of appeals, procedure for appeals, how additional evidence will be entertained and the powers of the court. Furthermore, the chapter will deal with brief history of the Sharia Court of Appeal, the applicable legislation, appellate jurisdiction of the court and the procedure for appeal. Chapter four is entirely devoted to examination of civil appeals in the court of Appeal and it includes a historical outline of the court, the applicable legislation, appellate jurisdiction, appeals as of right and appeals with leave. Other areas of viii • discussion in the chapter include statutory exclusion of jurisdiction, coram, jurisdiction to grant interlocutory relief, the "entering" of appeals, conditions and procedure of appeals, powers of the court as well as judgment and orders. Chapter five expounds civil appeals in the Supreme Court. This includes historical background of the court, applicable legislation, its appellate jurisdiction, commencement of proceedings, Notice of appeal, right of appeal, appeal with leave, appeal out of time, record of appeal, filing of briefs, jurisdiction pertaining to interlocutory decision, jurisdiction with regard to final decision, conditions and procedure of appeals, powers of the Supreme Court as well as orders and reviews. Chapter six concludes the thesis by giving a brief summary of what has been discussed in the rest of the chapters, some observations with regard to application of the rules of appeal and, thus, suggestion proferred with the hope that the rules of appeal would be duly applied in that spirit of impartiality which it requires in order to avoid miscarriage of justice and misuse of judicial powers
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    UNITED NATIONS PEACEKEEPING OPERATIONS (A CASE STUDY OF LEBANON)
    (1983-10) BELLO-FADILE, RALPH SIXTUS BABATUNDE
    With my study of International Law and seven months service at the United Nations Interim Force in Lebanon (UNIPIL) Headquarters, I was inspired to take a second look at the UN Peacekeeping efforts there. As a staff officer at the Operation branch of UNIFIL HQ, I saw the interplay of international politics and international law all geared toward maintaining international peace and security. This dissertation is the end product of my curiosity and research on the UN as an international organization battling to maintain international peace and security in Lebanon. The concern for maintaining international peace and security has ancient root. This is confirmed by the proposal advanced by the early Greeks in 477 BC . However, the dissertation examines iern attempts at global control and regulation of peace and security which dates from the League of Nations period. The League was established at the end of the First World War with the fundamental purpose of achieving international peace and security. Two international forces were raised under the League to assist in the conduct of Plebiscites at Vilna in 1920 and the Soar Basin in 1935. These notwithstanding, the League experiment as a whole was a failure. It was formally dissolved in April 1946. The UN which represents the second attempt by the state of the world to organize themselves into a true community of States, arose out of series of war time declarations and conferences culminating ln the United Nations Conference on International Organization (UNCIO) at San Francisco in 1945. The UN Charter was adopted after the UNICO with the main purpose of maintaining international peace and security through various conflict control mechanisms. Peace keeping Operation is one of them. Peacekeeping operation involves the use of contingents of national armies made available under a resolution by one of the Organs of the UN. The contingents operate with the consent of the warring parties and/or receiving state(s). They are authorized to fight only in self-defence. In essence the concept of peacekeeping operation involves the bringing together in an ad hoc form professional soldiers to help create or restore as the case may be an environment in which a peaceful solution to the problem in issue can be contemplated, conciliated or mediated upon. So far, the UN has raised about fifteen major peacekeeping operations all of which have their legal basis in the UN Charter or the Uniting for Peace Resolution of the General Assembly of 1950. In examining the UN peacekeeping efforts in Lebanon the dissertation discusses the intra community fighting in Lebanon, the influx of the Palestinian refugees as a result of the Palestinian Question and the struggle between the Palestine Liberation Organization and the state of Israel. After the invasion of South Lebanon in 1978 by the Israel Defence Forces (IDF) the Security Council passed Resolutions 425 and 426 of 19 March 1978. These resolutions authorised a force of 6000 men from South Lebanon. Like other UN Peacekeeping operations UNIFIL is oritized and pronounced a failure because its efforts have not produced a solution within a reasonable time. Some of the problems and difficulties that have militated against 'quick' solution are examined. Despite these problems and difficulties, the UNIFIL has achieved a measure of success in South Lebanon particularly in the humanitarian sector and the withdrawal of the invading IDF of 1978. Although the dissertation does not cover the second invasion of IDF of 1982, the invasion showed the weakness of the UNIFIL and the new dimension on the part of the super powers to set up multi-national peacekeeping operation outside the UN. While accepting that the Charter provisions and the Uniting for Peace Resolution have so far being used by the UN, there is the need for a clearer provision in the Charter on how the organs, General Assembly in particular, can fulfil their responsibilities of maintenance of international peace and security. In addition, there should be a specialized organ of the UN that is independent of the other major organs charged with the handling of the peacekeeping operations. And on multi-national peacekeeping operations, the super powers should put their resources at the disposal of the UN. And finally the dissertation submits that a political solution to the Palestinian Question is the key to the successful implementation of the UNIFIL mandates and of course the restoration of peace and security in Lebanon, - the utmost goal of the UN peace effort in Lebanon.
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    THE LAW RELATING TO FOREIGN COMPANIES IN NIGERIA: AN ANALYSIS OF PART X OF COMPANIES DECREE 1968
    (1984-06) IDAKULA, MARKUS B.
    The thesis attempts to do many things to many people. First, it attempts to provide for the first time a comprehensive legal literature on the Nigerian Company Law relating to foreign companies in Nigeria. Secondly* it attempts to explain the current companies legislation -and other related laws relating to foreign companies in Nigeria and compares the position in Nigeria with that of other African countries and England. In some way therefore, the approach has been comparative in nature. Lastly, the thesis seeks to show in what ways part X of the companies decree 1968 and other related legislation have attempted to check, control, and tackle the problems posed by the nefarious activities of subsidiaries of multinationals in Nigeria. The thesis thus attempts to provide material for law students, law teachers and legal practitioners on the subject while at the same time it tries to educate the business-men and the laymen -about the things to look out for in ,heir various dealings with "Foreign" Companies in Nigeria. The thesis itself has been divided into nine different chapters, each chapter dealing with a distinct and separate topic on the subject-matter. ( i i i ) Chapter one which is the introductory chapter, introduces the problems posed by subsidiaries of foreign companies in Nigeria and shows how part X of companies Decree (among other legislation) was promulgated to alleviate some of these problems. Chapter two which deals -with the status of foreign companies in England is aimed at showing, at the end, whether the Nigerian company law has fashioned our law relating to foreign companies after Britain or has departed in approach from the English Law, The third chapter explains the historical perspectives of the law under analysis and shows how the law has envolved from nothingness to a concrete and strict law. Chapter four defines what in Nigeria is meant by the term "foreign company" while chapter five undertakes the business of explaining the requirement for some foreign companies to convert and then later incorporate as Nigerian companies - the two mandatory things to do if the foreign companies are to continue to do business in Nigeria, The consequences of non ihcorporation by the foreign companies are also explained in the chapter. (iv) Chapter six is novel. It explains-the law and the procedure for instituting legal proceedings against foreign companies in Nigeria as it relates to the jurisdiction of courts, service of process and venue. Chapter seven discusses penalties against defaulting foreign companies which fail to abide by the obligations imposed upon them by Part X of the companies decree 1968 while Chapter eight tackles the issue of winding up of foreign companies in Nigeria. The last chapter (Chapter nine) summarises the thesis and deals with proposals for reform. In concluding, the thesis shows that the Nigerian law relating to foreign companies was and is not fashioned after the law in England (as is customary for Nigeria to do) and that the Nigeria law has evolved a unique approach in attempting to solve the problems posed by the subsidiaries of foreign multinationals in the country
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    MAINTENANCE OF WIFE UNDER ISLAMIC LAW: ITS APPLICATION IN THE NORTHERN STATES OF NIGERIA
    (1984-10) IBRAHIM, TANKO MUHAMMAD
    The t r e a t i s e seeks to t r e a t the subject of NAFAQAH in Islamic Law and i t s practical application in the Northern States of Nigeria, which by and large, is a Muslim dominated territory. It is because of the practical value of the topic and the misapplication by the subjects of t h i s Law in these s t a t e s that obliged the author to select the topic. By way of an analytical introduction, the topic f a l ls e n t i r e l y under Islamic Family Law (Ahwal-al-Shakhsiyyah) which is the basis of a tranquil mutual existence in a society. And more p a r t i c u l a r l y , Maintenance (Nafaqah) is the core and kernel of a marriage because no marriage can exist without maintenance, hence, the author has confined his writing on maintenance of wife only. Seven chapters, excepting the Introductory chapter have, all in a l l been written. The introductory chapter, as the name suggests, is an eye openerf It introduces the reader to the General Principles of the Shariah vis-a-vis maintenance. It t r e a t s the objectives of selecting the subject. It further introduces the reader to the Geographical, sociological and religious set-up of the Northern S t a t e s . In chapter one, preliminaries before maintenance can accrue have been discussed and these are the legal requirements of marriage under the shariah. Chapter two t r e a t s the Rights and obligations imposed by the shariah on the spouses on their getting married. Such r i g h t s include the Rights of Allah on each of the spouses; the Rights of the husband which are correspondingly the obligations of the wife and the Rights of the wife which are the obligations of the husband. The basis of such rights under the shariah have also been discussed along with them. Chapters three, four and five consider, separately the concept and meaning conditions. Necessaries and quantum grounds of forfeiture of maintenance. Comparison between the a law and the actual practice in each case has been considered. In chapter six, maintenance under non-Islamic Laws in the Northern States has been briefly considered and it is contrasted with the provisions of Islamic Law. And whether Islamic Law is a customary law, as claimed by some Nigerian Statutes has also been looked a t. Chapter seven, the final chapter brings the conclusion and suggestions. There are suggestions as to how to rectify the present anomalies between the law and the practice. Some examples of modifications introduced by some Muslim countries have also been highlighted.
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    TITLE AND MANAGEMENT OF LAND UNDER NATIVE LAW AND CUSTOM OF THE PEOPLE OF THE MIDDLE-BELT OF NIGERI
    (1985-02) ABOKI, YUSUF
    ABSTRACTS The term "Middle Belt" was introduced into the literature on Nigeria by Forde in 1946 when he used the term to describe the area of the Central zone in Nigeria where the political Cultural, economic, social and population characteristic are quite distinct from those of the forest land of the South and Sudan zones of the North. The region has been specially defined as the area roughly coinciding with some parts of the former provinces of Adamawa, Benue, Ilorin, Kabba, Niger and Plateau, The whole of the Middle Belt region is an open Savannah. The main occupation of the inhabitants is farming. This includes crops such as millet, yams, cassava, rice, guinea-corn, beans, and maize. beni-seed, cotton, ground-nuts, shea-nuts, palm oil, palmkenels and timbers. The Middle Belt consists of numerous groups of people or communities. They include: the Tiv, Igala, Idoma, Bassa, and Agatu of the Benue State. The Alago, Egbura, Afo, Gwari, Mijili and Eggon of the Southern part of Plateau State. And the Nupe Community of the Niger State. The areas covered by this dissertation include Nasarawa, Keffi, Akwarga, Lafia and Awe Local Government Areas of Plateau State; Suleija Local Government Area of Niger State the whole of Benue State. Others are: the Koton Karfi District of the Kogi Local Government Area of Kwara State and lastly, the New Federal Capital Territory, Abuja. In the past, land did not commend an enhanced economic value in the Middle Belt, inspite of the fact that much importanfce was attached to it as a primary source of maintenance. This low economic value of land was attributed to three factors. Firstly, Land was plentiful. Secondly, the population of the Middle Belt was sparsed due to exeessive wars and raids by the Hausas and the Fulani's of the far North. Thirdly, with the exception of the few traditional transactions such as loans and pledge there were virtually no transactions involving land due to the absence of ash economy. Under these conditions, the tenurial system of the peoples of the Middle Belt was bound to be a simple, ordinary and tumid one; evolved principally, to meet their simple requirements. Because of this, land was owned by villagers, Communities or by family members in a form of group. Hardly was land owned by an individual. This led to a conclusion that under native law and custom, the concept of individual ownership of land was foreign to native ideas. Therefore, under the ancient traditional land law, the bases of ownership of land are two. First,land is owned by communities. Under this system, the title to the communal land is vested in the community as a whole. And in most cases the management of the communal land is the responsibility of the Village head or chief who in loose mode of speach is referred to as the owner. He allocates, collects tributes and all proceeds arising from the management of the communal land. Secondly, the family land. Similarly, a family land or property is the property of every member of the family. It is owned jointly indivibibly and no part of it is capable of being owned by an individual member. The management of it is the responsibility of the family head who in most cases acts in consultation with the principal members of the family. However, because of the modern developments, a third type of ownership of land namely, individual ownership is in the bud in the Middle Belt, particularly in the urban centres like Gboko, Makurdi, Lafia Nasarawa, Keffi just to mention a few. Earlier, it was mentioned that in the Middle 3elt of Nigeria, in the past, transaction involving land was unknown. With the arrival of the modern cash economy transactions such as sale, gift, loans and pledge are on the increase. Inshort, alienation of land which was hitherto not possible can now be made provided that the consent of the Majority of the principal members has been obtained by the head of the family. In the whole, a careful perusal of the customary land law in the Middle Belt of Nigeria today would show that, the system evolved in order to meet the simple, ordinary and local requirements of the peasant farmers. Economic consideration, therefore, was the least factor taken care of by the system in the past. Rather, the communal nature of landholding was seen as an important factor which could sustain and promote social cohesion in the community or family. For instance, the communal or the group farming system is a device which provides both social and individual securities which could be resorted to in time of need. However, despite these lofty ideals of the customary land tenure, it was observed that, the communal nature of customary landholding is unsuitable in the context of modern developments. Several reasons could be accounted for this. Firstly, customary land law does not provide adequate security of title held under it. This is because under native law custom, the use of documents to prove title is dispensed with. In most cases, therefore, title to land is proved by oral evidence which is usually not coherent. Secondly, there is the problem of uneasy disposition of property even at the time when-the need to dispose it is dire. This is so because of the doctrine of concurrence which provides that for a valid alienation to take place under native law and custom, there must be the concurrence of the family head with the majority of the principal members of the family. In view of the realities of the present circumstances it is always not easy to get such required concurrence. Thirdly, the community of landholding has been a major factor for the lack of economic incentive which is vital for the developing and enhancing the value of properties in the Middle Belt. Fourthly customary land law does not provide a general rule for the distribution of land equitably among the communities. This, it could be noticed that certain communities or families have enough tracts of land while others are suffering from acute shortage of lad. Infact there is no limit as to the number of accrage or hectre a family could hold at a time. These and other reasons are the major problems which customary land law suffers. Inview of the above mentioned shortcomings it is suggested that security of title should be guranteed by compulsory registration of titles, held under native law and custom. Secondly, there should be established a committee known as Family Property Management Committee which should be responsible for the management of family property. This will check frauds and minimise heckering and squables which always threaten the stability and cordial relationships which normally exist in families. Thirdly, there should be an effective means of land distribution whereby vacant lands could be allocated to families and commmnities who have not enough of land to farm. One way of doing this is by settlement schemes Fourthly, individualization of land through the grant of certificate of Occupancy should be encouraged. Already in the Urban towns of the Middle Belt region this method of ownership of land is rapidly gaining recognition. In the main, it can be concluded that the problem which has beset title and management of land under native law and custom in the Middle Belt of Nigeria is that of the tenure system itself. The system despite its advantages cannot cope with the demands of the people economically. Therefore, notwithstanding the availability of land in abundance, land owners in the Middle Belt still live in abject poverty. This is because, the system is obsolate, antiquated and un-incentive. The only hope is that, as the society grows and becomes more sophisticated the system will eventually die a natural death. This pessimism is particularly eminent with the establishment of the present Land Use Act.
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    THE CONCEPT OF DOMICILE IN NIGERIA
    (1985-11-18) HARANDE, abubakar saddiq
    Domicile is an important concept in the determination of the personal affairs of an individual. Issues of legitimacy, legitimation, adoption, marriage and divorce, to mention a few, are all determined in accordance with the law of the domicile. Important as this concept is, Nigerian principles of domicile like other Nigerian rules of the conflict of laws, have continued to develop along the lines of the English conflict of laws. Although no legal system can develop independently without external influence, the need to de-emphasise such influence is paramount. It is the aim of this dissertation therefore to discuss the concept of domicile in the Nigerian conflict of Laws and make suggestions for the reform of those areas of the law of domicile which have remained tied to the English concept of domicile. It must be noted however that the need to depart from the English conception not only of domicile but of other areas of the Conflict of Laws cannot be over-emphasised in Nigeria today.
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    THE DEFENCE OF PROVOCATION IN NIGERIA AMD THE SUDAN A COMPARATIVE STUDY
    (1985-12) MUHAMMAD, YAHIA ABUBAKAR
    The aim of this then is is to make a comparative study of the defence of provocation in Nigeria and the Sudan. Provocation as a defence attracted criticism by many writers directed to the concept of a reasonable man and the doctrine of proportionality. In this comparative study I examined the differences between the Criminal Code which is applicable in the South and the penal code applicable in the North. This thesis is divided into five chapters. The introductory chapter is about the historical background and definition of the doctrine of provocation in Nigeria. In Chapter III examined the defence of provocation under the Nigerian Law and showed the differences between the two codes and when there departure from the English Common Law, In Chapter III I examined the defence of provocation under the Sudanese Law, Tn Chapter IV I examined the provocation as a defence to offerees other than homicide - a comparative study. Chapter V is about the test of provocate i.e. the test of a reasonable man. The conclusion is about the future of provocation in Nigeria i.e. a critical appraisal of the Law of provocation in Nigeria.
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    SEARCH AND SEIZURE IN NIGERIAN LAW WITH PARTICULAR REFERENCE TO THE NORTHERN STATES
    (1985-12) ALHAJI AHMED, Abdullahi
    The centrepiece of this thesis is the study of the Nigerian law or. search and seizure with special reference to the Criminal Procedure code. BasicalTv, search and seizure,is a process employed to recover either from the "body of a person or from a premises, material needed for the purpose of law enforcement. Hence, the police tan make use of the process to recover criminal evidence, in the course; of their investigation or, where necessary, in order to forestall the commission of crime,. Bv employing the process of search and seizure, therefore, the police may, for example, recover a hidden weapon from the body of a suspect or retrieve stolen property from the place or premises where such property is kept. Let me hasten to state at this point that although the law in Nigeria empowers law enforcement agents to conduct search and seizure in the performance of their respective functions, this power is not absolute. The provisions of the Criminal Procedure Code and the Criminal Procedure Act relating to search and seizure provide the legal framework for the exercise of this power. As a background to my treatment of this subject, it is deemed appropriate, as a first step, to undertake a survey of the development of English common law principles on search and. seizure. This is because of the close historical connection between the common law and Nigerian law as well as the pursuasive nature of English court decisions in Nigeria. - V - This thesis is divided into six chapters. Chapter one i.-e., the introductory chapter, identifies the main probelm connected with the, exercise of the power of search and seizure which the law strives to eliminate or control. And that concerns the balancing of the private and public interests involved in search and seizure in such a way as to ensure the protection of citizens in their p r i - vacv without prejudicing the process of effective law enforcement in any way. Chapter two discusses the common law position on the subject with special reference to England and the United States, In doing so, the chapter c r i t i c a l l y examines the applicable common law principles in this area, the circumstances when search is allowed, and the limits of seizure. It may be noted here that, subject to some exceptions. ,the orthodox common law view'is that search is allowed only when (i) it is conducted with the consent of the person to be searched, or ( i i ) it follows a lawful arrest, or ( i i i ) it is conducted on the authority of a search warrant. Some of the exceptions to this common law position include (i) the frisking of suspects ( i i ) search, in emergency s i t u a t i o n s, and ( i i i ) cases of items taken in plain view. Chapter three is devoted to the study of the Nifrnrian law on search and seizure. Against the "background of the provisions of the Criminal Procedure Code and the Criminal Procedure Act, this chapter considers when search of a - vi - person or place can "be made with or without warrant, what property may "he seized, and the powe^ of retention of the seized property. It further considers the procedural requirements for the issue and execution of search warrants. Finally, as a means of securing the liberty of persons wrongfully or unlawfully detained, the chapter contains a "brief comparison "between n search warrant issued for that purpose under section 77 of the Criminal Procedure Code and the habeas corpus procedure. Chapter four focuses on the question of admissibility of evidence obtained bv illegal search nnd seizure. It "begins "by defining an "illegal" search "before proceeding to treat the admissibility aspect. Here, the Nigerian position is considered in line with other common law jurisdictions, such as, India, England and the United States. The question of what remedies are available to a victim of unlawful search and seizure is considered in chapter five. The chapter discusses "both the preventive options open to an intended victim and the remedial options available to an actual victim. For instance, while the intended victim may exercise a right of resistance or petition the courts for an injunction, an actual victim may "bring an action to recover damages for trespass, assault the courts or "battery, or petition/for restoration of the items seized. Chapter six is the concluding chapter. It highlights the shortcomings of the law in its present form and the problems associated with its application. It concluded by recommending the implementation of some specified measures with a view to attaining an overall improvement in the situation.
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    CONCEIT OF FAIR HEARING UNDER THE NIGERIAN LAW
    (1986-07) ALIYU, MUHAMMED HABIB
    Justice and fairness is the basis of the relationship between government and its citizens. It is in fact the pivot around which all civilised social existence revolves. History has taught man that in restive moments and times of social stress the quest for justice assumes greater dimension and significance. Presently, most developing societies, such as Nigeria, are passing through these restive moments. These societies are continually engaged in the search for a viable polity wherein justice and fairness shall rein supreme. The task has been made more daunting in a situation where coup de etats, sudden and frequent change of governments have become endemic. The not result, therefore, is that the citizen is aflicted with a feeling of impotency and hopelessness regarding the assertion of his fundamental rights. This is precisely the juncture at which law should step in to play its role of social engineering by balancing conflicting social interests. The province of governmental executive action must be legally and precisely defined vis-a-vis the citizens' fundamental rights. In this regard, the concept of fair hearing, as a universal standard of morality in public affairs should serve as a reference point. The efficacy of the concept of fair hearing lies in the fact that it is available to the guilty as well as the innocent citizen. Even a condemned armed robber is entitled to a fair trial under the law. This being the case, it is the more necessary that the citizen and all concerned with public affairs should understand what the concept of fair hearing entails and its rules embody. This thesis should therefore be regarded as a modest attempt in this direction. In line with the title of the thesis tho method of presentation is one in which the whole corpus of Nigerian Law, Constitutional, Statutory nd Case law is examined to determine the extent to which the Concept of fair hearing is reflected in thoir operation, using the previsions of section 33 of the 1979 Constitution of the Federal Re public of Nigeria as the point of reference. Chapter One deals with the nature, scope and underlying objectives of fair hearing. No attempt will be made to offer any general definition of the Concept of fair hearing. Rather a descriptive analysis of the principle embodying the Concept is prefered. This is in realisation of the inherent limitations a generalised defintion suffers from. In Chapter Two attempt is made to trace the origin and development of fair hearing. The philosophical background as well as the Common Law origin of fair hearing is described. Its modern development and recognition in municipal as well as International Law as a fundamental right is demonstrated y reference to some modern Constitutions and International Conventions. The intention here is to highlight the Universal nature of the Concept as a principle of morality. Chapter Three discusses the application of fair hearing in civil proceedings in Nigeria. An indepth analysis of section 33 of the 1979 Constitution of the Federal Republic of Nigeria is made. The emphasis hore is to demonstrate the efficacy of the application of the Concept by reference to decided cases. Principles that facilitate the actualisation of the Concept such as lucus standi and independence of the judiciary are also discussed in this Chapter. The last part of the Chapter discuses fair procedure and its requirements. The application of tho Concept of fair hearing in Criminal Proccodings in Nigeria is examined in Chapter Four. The provisions of section 33 in relation to Criminal trial as well as the various provisions of the Criminal Procedure Code and Criminal Procedure act pertaining to fair trial are thoroughly examined with reference to decided cases. To this end, the Chapter is dividud into two parts. Part I deals with 'Fairness of Substantive Criminal Law1, while Part II deals with the requirements of 'Fair Trial'. Throughout this Chapter the d isc uss ion centred around the provisions in subsections 4 to 13 of Section 33 of the 1979 Constitution of the Federal Republic of Nigeria. In this Chapter the relevant provisions of the Evidence Act have also been examined. Chapter Five discusses the application of fair hearing in administrative proceedings. The decision making processes of administrative authorities, government and public functionaries arc examined in order determine the extent to which the requirements of fair hearing are complied with. There are circumstances in the adjudicatory process where the rules of fair hearing do not apply. For instance, it is a requirement of fair hearing that trials are hold in public. But this requirement may be waived in a situation where the principle of 'State Privilege' applies. Also in a Contempt proceedings, some requirements of fair hearing may not be strictly observed. All these are regarded as exceptions to the rules of fair hearing. They are discussed in Chapter Six. Also discussed in this Chapter is the general restrictions on Fundamental flights in Section 41 of the 1979 Constitution of tho Federal Republic of Nigeria to see the extent to which the provisions of section 33 of the same Constitution are affected by those restrictions. Chapter Seven discusses the Concept of fair scaling under the Military regime. attempt is herein made to examine tha extent to which the rules of fair hearing are observed in a revolutionary situation such as exists in a military regime. Legislative activities of Nigerian Military refines are examined to see the extent to which fair hearing, as a democratic Concept, is reflected in the various decrees and edicts tho Military enacted. Of far greater interest is the analysis of the composition and adjucatory procedure of the Special Military Tribunals that are tho feature of all Military regimes in this country. Can their procedure ensure a fair trial to the accused person? To what extent are the provisions in Section 33 of the 1979 Constitution of the Federal Republic of Nigeria observed by the Military Tribunals? These and other questions have been examined in this Chapter. Chapter Eight deals with tho Conclusions reached as a result of our discussion of the various issues highlighted in relation to the application of the Concept of fair hearing under the Nigerian Law. This is rather a summary of the major observations made regarding the application of the Concept of fair hearing in Nigeria.
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    THE PLEA OF INSANITY IN NIGERIAN LAW
    (1986-10) OLUGBENGA, ABOABA OMOTESHO
    "The misery of the insane more thoroughly excites our pity than any other suffering to which humanity is subject* but it is necessary that the madness should be acknowledged to be madness before the pity can be felt"1. Basically, two principles may be said to underlie the general exceptions to criminal responsibility. Firstly, the circumstances surrounding the commission of the act may amount to a legal justification for its commission. Secondly, the circumstances may be incompatible with the existence of mens rea. The plea of insanity falls within the latter category. The plea expresses the principle that one who has lost his "reason" should not be criminally condemned. The insanity plea is a focal point on which many different policy questions converge. Some of these questions are: (a) what is the most efficient way of protecting society from those whose state of mind leads them to do social harm? 1. Trollope. "He knew he was Right" Cited by Williams, G. (1978) Textbook of Criminal Law stevenS, London. F. 587. ' iv - (b) what is the role of medical expert in the inquiry into insanity? (c) should the prosecution have the right tc introduce the plea, even against the wishes of the accused? (d) in the disposal of the insanity cases, how best can the individual's right be reconciled with the need to rehabilitate him and the protection of the Community? These are complex problems and are all interwined. The plea of insanity and the controversies generated by it justify their significance, in part, on the fact that in those cases in which the plea is invoked, fundamental principles of justice and morality are at stake. The availability of the plea expresses albeit, symbolically, the concern of the law with citizens as rational creatures. The plea of insanity, like other general defences to criminal responsibility, is open to an ad person in all criminal proceedings although it is often pleaded only to the more serious offences carrying the death Penalty. In other words, the more serious the charge, the greater is the necessity to examine the accused',". :.ental state. This need is rather imperative in Homicide cases. The insanity plea is raised either alone or with similar defence ;. - V The expression "insanity is capable of covering both insanity at the time of trial and insanity at the time of the offence. It is with the latter sense that the greater part of the literature on the subject is predicated. This distinction must be kept in focus for a thorough appreciation of the subject. Organisational Structure. The dissertation is divided into seven chapters. Chapter I which is the introductory chapter, traces generally the origin of the Penal as well as the Criminal Codes, the relationship between the two Codes, and the relationship between the Nigerian Codes and other Legal Systems. Chapter II deals generally with the problem of definition of insanity and the rationale for the plea of insanity. It also traces the genesis Of the concept, its various metamorphosis, culminating in the M'Naghten ilejs. The Chapti ith an i ;ion of the main limitations of the English rules. Chapter III discusses the insanity defence in Nigerian Law vizs the exposition of the Salient features of the nal Code and Criminal Code Provisions on 'the insanity defence. - vi - Chapter IV examines the defence of insanity as found in other jurisdictions. Particular attention is paid to the concept of insanity under customary and islamic law and. insanity in some Common Law jurisdictions such as Ghana, Sudan and America. Chapter V treats the evidence and procedure of proving insanity viz: the trial of the issue of insanity, the burden and quantum of proof and the methods of proving insanity. Chapter VI examines some issues related to insanity defence. Examples of such are automatism, intoxication (delirium Tremens) and infanticide (the effect of lactation). Chapter VIII the concluding Chapter, is a summary of the dissertation and the conclusions drawn there from. It also includes the researcher's recommendations for reform. All these are humbly made with a view to curing some of the patent defects now existing in the Law.
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    THE HOLE OF THE UNITED NATIONS IN CONFLICT MANAGEMENT
    (1987-10) Bello-Fadile, Ralph Sixtus Babatunde
    Going down memory lane, we discovered that states have always sought to manage conflicts that impede peace and security in the society at large. With this in mind, I forged ahead to see what international institutions can do to help ameliorate the suffering that comes with conflict. This study, therefore, is concerned with collective management mechanisms of actual or potential conflict so as to save succeeding generations from the scourge of war which twice in our lifetime has brought untold sorrow to mankind. After some working assumptions, the study examined briefly the historical development of international institutions. The United Nations is however the focal point of the study. Thus we examined the role of the mo3t universal institution ever organized by States in their international relations. The United Nations has the responsibility of bringing about by peaceful means, and in conformity with the principles of justice and international law, the management of conflicts. We observed that conflict, which can be 'crisis' 'dispute1 or 'situation', has no acceptable definition in international relations. Nevertheless, no matter vii the terminology, the fundamental premises on which conflict is based cannot be removed. Our concept of conflict therefore is a r e l a t i o n s h i p among s t a t es in which actions and interactions are mutually opposed on a p a r t i c u l a r issue(s) at a point in time. We identified five common variables in this concept, these are: parties; i n t e r e s t ( s ) ; correlation; incongruity and reaction which could be coercion or violence or both. Conflict is often brought about b a s i c a l l y by power-play over v i t a l national i n t e r e st and incompatible objectives and policy actions. C h a r a c t e r i s t i c a l l y , conflict could manifest in physical aggression or public verbal dispute or covert verbal aggression or breach of expectation or avoidance. It is our contention therefore that conflict can be effectively managed by a disinterested party or institution. This is particularly possible where the parties to the dispute are unwilling to follow the norms of international society, that is, those rules and regulations which bind nation states in their relations with each other. International law exists because it is to the benefit of all states that some sort of order should govern their international dealings. Though states may disagree about what law applies to given situation, there is a consensus about the fact that some s e t of rules are necessary. Hence the rules of international law can be so framed that a policy of conflict cannot be worked out except through open violation of i n t e r n a t i o n a l law which will meet with protest, condemnation and action by members of the world community at l a r g e. Perhaps the most acceptable sets of rules so far is the constitution of the United Nations, that is the Charter. Drawn and adopted at San,Francisco on June 26, 1945, the Charter enumerated the various mechanisms for managing conflict based largely on past experience. The Founding Fathers' philosophy as far as conflict management is concerned i s , freedom of action based on equal and inalienable rights and the dignity inherent in a l l men that Member States should s e t t l e conflict peacefully by the common consent of the adversaries. These mechanisms include peace making, the use of force (war), peace-keeping and disarmament and arms control. ix Although the United Nations is not and is not intended to be a world government, because it is based on the principle of sovereignty of States, the obligations of states under the Charter have modified t h e i r sovereignty. Thus; the United Nations is now a symbol of world unity, a unity towards international peace and security. This was demonstrated during the Congo experiment. The Congo c r i s i s was a unique example of a s i t u a t i o n which called for the United Nations' action. The United Nations f i l l e d the vacuum created by the Belgian abrupt grant of independence in July 1960. This action prevented any of the blocs from taking over from the Belgians. Under the authority of the Security Council, the Secretary-General dispatched military assistance to the beleaguered Congolese government. This was called operation des Nations Unies au Congo (ONUC). ONUC, the largest of a l l United Nations operations was called into being within forty-eight hours of request by Chief of State (Joseph Kasavubu) and Prime Minister (Patrice Lumumba). The request became necessary following the collapse of the Force Publique and the introduction of Belgian metropolitan troop3 to 'Protect' Belgian lives and property in the Congo. The establishment of ONUG was based on the fact that the Congo crisis was characterized as a threat to international peace and security. ONUC was complex, expensive and the most controversial operation ever managed by the secretariat of an international institution. It was full of irony and paradox. There was no truce to observe, and no line to patrol. It spread all over the country for about four years with opposition from various groups at different times. But in the face of incredible difficulties and frustrations, ONUG discharged its main purpose to accede to the request of the Congolese central government for the restoration of a united stable Congo without taking sides. ONUC demonstrated, though challenged and criticized, the ability of the United Nations to take collective military measures to maintain law and order within the territory of a Member state, albeit, as a means of preserving international peace and security. In the final analysis, the United Nations mechanisms will nonetheless not serve to lower the level of international conflict unless the Member states rededicate themselves to the principles enshrined in the United Nations Charter. With what happened during the Congo operation, we submit that Charter revision is no guarantee for better conflict management. It is our contention that, education, necessary p o l i t i c a l will, u n i l a t e r a l disarmament, co-operation, preventive measures, functional internationalism and unswerving support for the Secretary-General by Member States, will go along way in conflict management under the United Nations system.
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    TORT LIABILITY IN THE ANGLO-NIGERIAN AND AMERICAN CONFLICT OF LAWS
    (1988-08) MOHAMMED, AHMED,; RUFAI
    ABSTRACT Torts in the Conflict of Laws has assumed an important position all over the world in recent times because of the rate of increase in interaction between peoples of different legal systems, brought about by technological developments. In some countries, the rules towards the solution of the issue have changed to take care of emerging problems created by the inadequacy of past rules in providing for them. However, choice of law rules in commonwealth countries, including Nigeria is not sophisticated enough to solve the problems of conflict of tort cases in contemporary times. The approaches of the courts in Commonwealth countries have not only remained rigid, conservative and absurd, but have created an atmosphere for hibernating unfair and absurd decisions. American courts, in contrast, have shown their readiness to change their attitudes in tune with the requirements of society. This work is therefore,a study of comparative legal approaches, as well as judicial principles. It highlights the three most prominent choice of law approaches in the English speaking world; the Rule in Phillips V. Eyre, the lex loci delicti approach and the proper law of the tort approach, as they affect various issues in a tort proceedings in the Conflict of Laws. I X ( a ) . The research is composed of eight main chapters, each touching on major issues in tort proceedings in the Conflict of Laws and the mode of resolution adopted in the Four countries under study, viz: England, Australia, America and Nigeria. Chapter One deals with the preliminary issue of establishing the jurisdiction of the court over the subject-matter and the p a r t i e s . Under the Chapter, rules of j u r i s d i c t i o n in the Four Countries have been examined. Chapter two deals with the issue of c l a s s i f i c a t i on under i t , the importance of c l a s s i f i c a t i o n of r u l e s of law and the subject-matter Chapter three contains an examination of the various ways evolved for the determination of the place of t o r t , and the importance attached to it. Chapter Four gives an insight into the mode of determination of the proper p l a i n t i f f and the proper defendant to the proceeding. Chapter Five is the Kernel of the research, it contains a discussion of the three choice of the law approaches in England, Australia and Nigeria, and their practical application by the courts of those countries. I X ( b )o Chapter six examines the relevance, and d i f f i c u l t i e s pertaining the necessity to invoice public policy reasons for purposes of excluding foreign law from applying. Chapter seven examines the recognised defences available to the defendant under the three choice of law approaches. Chapter eight deals with the twin issues of determining remoteness of damage, and the assessment of damages. Chapter nine is the concluding chapter in which major problem areas have been re-appraised, and suggestions made for reforming the Nigeria law.
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    OFFENCES AGAINST PROPERTY IN NIGERIAN LAW WITH PARTICULAR REFERENCE TO THE NORTHERN STATES
    (1988-10) HUSSEIN, MUKHTAR, ESQ.
    This t h e s i s covers an a n a l y t i c a l study of offences against property in Nigeria under the Penal Code which a p p l i e s to the eleven Northern States and the Criminal Code applicable to the ten Southern S t a t e s . More a t t e n t i on Is , however, focused on the law applicable to t h e Northern S t a t e s * Reference has been made to p r e - s t a t u t e period when t h e only applicable laws were t h e Customary laws of crime which varied from one community to another except the Muslim community in the North which were governed by the Islami law of crime long before t h e advent of the B r i t i s h . When the B r i t i s h came, they established some B r i t i s h Courts and g r a d u a l l y s u b s t i t u t e d the Customary laws of crime (including Islamic law of crime) with the Common law. The B r i t i s h c o l o n i a l i s t s l a t e r introduced a Criminal Code which i n i t i a l l y applied only to the then Northern Region and was l a t e r extended to the Southern Region as w e l l . On the eve of independence the Penal Code was drafted and applied, from the date of independence, to the Northern Region while the Southern Region has continued to apply Criminal Code.
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    LOCAL GOVERNMENT SYSTEM UNDER THE 1979 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA
    (1991-12) ABBAS, ALHAJI BELLO
    The main purpose of this thesis is to analyse and appraise the constitutional basis of Local Government in Nigeria. Chapter One discusses various definitions of local government in Nigeria, but more particularly its definition as entrenched in the Guidelines to local government reforms. It highlights on the decision to recognise local government in the 1979 Constitution of the Federal Republic of Nigeria and its importance in the provision of public services. The later part of this chapter looks into the Executive Judicial and Legislative roles played by local government before the 1976 reforms and thereafter. Chapter two discusses briefly the historical evolution of local government in Nigeria from the colonial epoch to post independence epoch; the Military epoch to the local government reforms of 1976. The Chapter also discusses briefly the workings of local government in United Kingdom, France and the United States of America, Chapter three discusses inter governmental relations in Nigeria, The main focus of this thesis covered under chapter four is to provide a detail account of constitutional basis of local government. It highlights on section 7 of the 1979 constitution which recognises and guarantees the existence of local government in Nigeria. It further discusses the constitutional functions of local government council; the criteria for creating local government and its corporate personality. Chapter five deals with the doctrine of judicial review and Public Officers Protection Act as applicable to local governments in Nigeria. It further states the judicial remedies against local government. These remedies include - Mandanus, Certiorari, Prohibition, Injunction and Habeas Corpus. Chapter six deals with electoral process under local government. Chapter seven deals with conclusion. It highlights on the success and failure of the 1976 reforms and the recent trend in the development of local government in Nigeria. In Nigeria, the system of local government has over the time undergone series of changes. Since local government changes over time, this chapter states the constraints hindering effective performance of local governmnet. The chapter ends with recommendations'that would make local government councils to achieve the aims and objectives for which they are established.
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    ALIENATION OF LANDED PROPERTY AND ITS EFFECT ON BUSINESS TRANSACTIONS IN NIGERIA
    (1992-05) AKUDIHOR, OGHENEGWEKE
    The economic realities of these times have shown that utility of landed property, does not only result in the best use of the property, but also in the creation and accummulation of capital. It need not be over emphasised that the availability of capital is absolutely necessary to stimulate business growth and development in a society. Landed property would effectively serve the above purpose through the mobility of rights and interest in such properties. This can easily be facilitated by the concept of alienation. But alienation does not exist in vaCuo nor does it have a universal content. It exist in response to the laws and rules of a particular land tenure system, which determines its relationship with business transactions in properties. The aim of this thesis therefore, is to determine to what extent does the Nigerian Land Tenure System provides the necessary framework for alienation in landed properties. More importantly it examines to what extent does the rules of alienations provides the adequate incentives to stimulate business transactions in landed properties. Chapter one gives a general introduction to the whole subject matter. It deals with the importance of land in the economic setting of both traditional and modern societies. It also discusses the concept of alienation in Nigerian Land Tenure System and the existence of the inalienability theory of land rights in customary societies. The chapter also highlighted the relationship between alienation, business transaction and development in a polity. In chapter two, the nature of property in Nigeria was discussed. This covers both customary and statutory land tenure systems. This approach is designed to understand the basic principles of the rules of alienation in both systems. The types of land holding in each system and the quantum of individual rights in each land holding was subject to systematic analysis. Chapter three discusses the modes of alienation of landed property in Nigeria. These are modes of alienations which are by their nature, business transactions in landed properties. They are the ways by which holders of rights and interest in land, transter their property to raise income or capital as the case may be. Our discussions are not limited to urban land transactions which are popular but also with those practiced under customary law or in rural communities.
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    APPLICATION OF SOME EQUITABLE MAXIMS IN NIGERIA
    (1992-07) ATUM, DAVID ITYAVZUA
    One of the objectives of law is to achieve or ensure social justice in the society, but law may not necessarily achieve this in every case. Jegede has attributed this inability of law to do justice in every case to the fact that "every case present different problems and law being of rules applicable to certain definate and factual situations, makes no provision for unforeseen cases, nor does it permit any variation in peculiar individual circumstances"1. Developed systems of law have often been assisted by judicial discretion to do justice in particular cases where a strict application of rules of law cause hardship. In England this was what gave rise to the evolution of the principles of equity by the chancery Courts to mitigate the harshness of the common law. The pre-occupation of equity in its formative period was by the chancellors who developed the principles.of equity by their ideas of concerned themselves with working out the details of what has now become English and Nigerian principles of equity. Therefore right from the formative period the principles of equity vary like the chancellor's foot. 1: Jegede (1981) Principles of Equity, Ethiope Publishing Corporation, Ring Road Benin City. Page 9. The exercise of equitable jurisdiction by the Courts of Chanoery was based on certain general principles. These principles have been embodied into what is know as Maxims of equity. They do not cover the whole ground of equity and each should not be considered in isolation from others, but as an integral part of the whole. They are principally twelve equitable Maxims applicable in Nigeria. But for the purpose of this research work, the application of the following first four below will be discussed in detail, these are: (1) Equity Will not suffer a Wrong to be Without a remedy. (2) Equity Acts in Personam. (3) He Who Comes to Equity Must Come with Clean Hands. (A) Delay defeats Equity or Equity Aids the Vigilant and Not the indolent. The rest of the Maxims are: (5) Equity follows the law. (6) He Who Seeks Equity Must do equity. (7) Equality is equity. (8) Equity looks to the intent rather than to the form. (9) Equity looks on that as done which ought to be done. (10) Equity imputes an intention to fulfil an obligation. (11) Where there is equal equity, the law shall prevail. (12) Where the equities are equal, the first in time shall prevail. Kodilinye has rightly submitted that "they should not be regarded as rigid formulae for the application of equitable rules, but rather as a collection of general principles which can be moulded or adopted to suit the circumstances of the individual case2. Organisational Structure This thesis is divided into Five Chapters. Chapter 1 which is the introductory Chapter briefly examines the various objectives of application of law in the society. This leads to the definition, origin and nature of equitable principles evolved by the chancery Court in England and its inter-relationship with the common law which incorporates the equitable Maxim "Equity will not suffer a wrong to be without a remedy". These discussions will form the solid foundation for an examination of the historical background of reception of the principles of equity into the Nigerian legal system. The concluding aspect of the Chapter discusses relationship between equity and the repugnancy doctrine as perceived and applied by the Nigerian Courts. Chapter 2 makes an analysis of the Maxim "Equity Acts in Personam". By this is meant that equity has jurisdiction over the defendant personally. The Maxim has received a lot of judicial expositions from the courts. Therefore attempt will be made to analyse some of these cases in England and other common law countries with the main focus on Nigeria. 2. Kodilinye (1975) Introduction to Equity in Nigeria, London Sweet and Maxwell. Page 12. Chapter 3 is devoted to the Maxim " He who comes to equity must come With clean hands". By clean hands is meant that the conduct which is regarded as unclean must be related to the case at hand, as it is not a general depravity, if it is not related to the case in hand it is irrelevant. Chapter 4 discusses the Maxim "Delay defeats equity or Equity Aids the Vigilant and Not the Idolent" (Vigilantibus Non Dormentibus jura subverniant). this means that a person will not be granted an equitable remedy if he has been guilty of undue delay and the other party has altered his position to his detriment. It ends with a brief discussion of application of statutes of limitation. Chapter 5 which is the last chapter of this thesis will be entirely devoted to suggestions for reforms on the application of some equitable principles.