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    ADMINISTRATION OF CIVIL JUSTICE IN AREA COURTS WITH REFERENCE TO KANO STATE
    (1997) ISA, ILIASU
    "Administration of Civil justice in Area Courts with reference to Kano Stale"; though, from the topic, particularities would be concentrated to area courts in Kano state, yet. the thesis has relevance to area courts in the Northern States of" Nigeria because they operate wider a uniform Area Courts Law.
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    ADMINISTRATION OF THE DEATH PENALTY IN THE CRIMINAL JUSTICE SYSTEM IN GOMBE STATE: AN APPRAISAL
    (2011) AHMAD, Abubakar
    The main aims and objectives of this desertion titled; “ ADMINISTRATION OF THE DEATH PENALTY IN THE CRIMINAL JUSTICE SYSTEM IN GOMBE STATE: AN APPRAISAL is to appraise, evaluate, estimate and review the level of efficacy of the application of the Death Penalty in Nigeria, whether the retention of this Penalty in our Criminal Justice System is effective or not? Presently the international community is moving towards total abolition of the Death Penalty for all crimes, the United Nations Resolution No 62/149 and 63/168 calling for moratorium of the use of the Death Penalty has been ratified by the Nigerian Government but is yet to be domesticated into its laws. Prisons records as at 10th November 2015 shows that Nigeria has about 1,669.00 convicts on Death Row cells, many of them have been convicted for more than 10 years. The legal technicalities involved coupled with the refusal of many State Governors to sign death warrants has made it difficult if not impossible to carry executions, therefore many death row inmates live in constant fear and agony for many years and serving a separate term of punishment not initially part of their original sentence. Prison records also shows 1from year 2000 to 2015 death row inmates rose from 435 in year 2000 to 1,669 inmates in December 2014, almost 383.6% increase, during this 15 years only 12 executions were carried on. Nigerian prisons cannot coup with this increase due to lack of adequate facilities to keep this inmates. Therefore this thesis aims at evaluating these problems and recommend solutions to it. The thesis is divided into five chapters, the first chapter contains the main introduction, the reasons behind embarking on this research such as aims and objectives, justification, methodology, literature review, the scope of the research is focusing on Gombe State as a case study, with references to other North East States in order to get an accurate result that can be applicable to other states of the Federation.. The second chapter contain the concept of Criminal Justice System and its dimensions this include an overview of the legal frame work for the Criminal Justice System appraising the penalty under the Military regime, the Penal Code, the Criminal Procedure Code, The Criminal Procedure Act, the Sharia Penal Laws, the offences that attracts death penalty in Nigerian. Methods of execution and the role of other organs like Police, Attorney General, Prisons who are responsible for the administration of Criminal Justice System. In chapter 3 the researcher discussed the argument for or against the death penalty, presenting both arguments and Nigerian concern over the penalty and finally the general assessment of the two arguments. Chapter 4 is the empirical aspect of the thesis, where the researcher conducted a field research by visiting prisons, distributing questionnaires, conducting face to face interviews with the stake holders in the Administration of Criminal justice System in Nigeria to get real facts on the ground which can give accurate information on the application of death penalty. Finally, chapter V contains the summary, observation and recommendation. The findings indicated that most of those who participated in the study are in favor of the application of Death Penalty. The finding also showed that Nigerian prisons are not fit to serve as rehabilitations centers, most if not all our prisons were built around 1960 or thereabout with little or no facilities to serves as prisons, also the findings revealed that inmates lives in constant fear of Death every day while awaiting their execution. in the opinion of human 1 See table (1) and ((2) of Chapter 4 of this research. right actives that constant fear amount to mental torture, ( anticipation of Death is worse than Death itself) the findings also indicated that many death row inmates favored the idea of introducing the concept paying blood money (Diya) than face death penalty (which is natural) all this and many other findings are contained in chapter five. Finally the research recommended the retention of the application of Death Penalty in Nigeria, restructuring the Criminal Justice System, rehabilitate the Nigerian prisons, Government should facilitate speedy trials for capital offenders, and where possible introduce the concept of “Diyah” to save the life of the convict as “Diya” will also allow the victim‟s family to gets some compensations (financial benefits). Finally it is recommended that the Supreme Court must confirmed all the death sentences before execution can be carried on, this will go long way in reducing the miscarriage of justice, the fear, the mental torture this inmates are experiencing in prison for years
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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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    AN ANALYSIS OF JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS UNDER NIGERIAN LAW
    (2021) Albert, Emmanuel GYAS
    This dissertation aimed at examining judicial review of administrative actions in Nigeria. Judicial review is the power of a court to examine the acts of the other branches of government, lower courts, public or administrative authorities and uphold them or invalidate them as may be necessary in line with the relevant constitutional provisions which empowered the courts to review acts of administrative bodies or authorities in Nigeria. These methods are through habeas corpus, mandamus, certiorari, prohibition, quo warranto, injunction, declaration, compensation and apology and damages. The research methodology adopted is doctrinal which include statutes, judicial authorities, relevant books, articles in journal publication, conference papers and internet materials. However, the statement of problem of this dissertation is that the problem of this research is that there are issues of misconception in the application of the various methods of judicial review in the Nigerian courts. For example, sometimes lawyers argued that the action of administrative bodies is neither judicial or quasi-judicial but rather political and not within the power of the court for judicial review. Thus, the objective of this dissertation is to identify the adequacy or otherwise of the specific method of judicial review of administrative actions with a view to addressing the challenges that are associated with the remedies that are open to the Nigerian citizens. In line with this, the dissertation found (among others) that in order to review an administrative action, the rules of interpreting statutes defeat the cause of justice in certain instances. Finally this dissertation was concluded by recommending (among others) that courts should not only give a superficial interpretation of statutes they should where necessary break or lift the legislative as well as the statutory veil to know the real intents of the legislature, so as to ensure that administrative authorities function within their powers and according to law.
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    AN APPRAISAL OF THE RIGHTS OF PROTECTED PERSONS IN ARMED CONFLICT SITUATION IN INTERNATIONAL HUMANITARIAN LAW
    (2021) Ladi, Emmanuel GYONG
    This dissertation aimed at appraisingthe current legal regime on the rights of protected persons during armed conflict situation in International Law. In other words, this dissertation discussed the legal instruments dealing with the protection of the rights of protected persons in armed conflict situation, namely the Four Geneva Conventions of 1949 and its Additional Protocol 1 of 1977; and the protection of the human rights of such persons in general terms. On this note, the sources of information relied upon for this research include relevant books,(both local and foreign),articles in journal publication, seminar, conference and internet materials. However, the statement of problem of this dissertation is that egregious violations of International Law (IL)are being committed every day both by States and Non-States Parties in their failure to protect persons in armed conflict situation. Consequently, this lead to failure of commitment to protect the rights of protected persons by States in armed conflict damages or destroys lives, community identity and links with the past, present and future as well as diminishes the cultural heritage of human kind. Thus, the objective of this dissertation is to identify the reasons accounting for failure to protect by States with a view to ensuring that perpetrators of gross violations and abuses of such rights are held accountable without any barriers. In the course of this research it was found (among others) that, the existence of prohibitive cultural barriers stand as a challenge to the implementation of the right to protect in armed conflict particularly where it affect gender and women‟s rights. More so, is the non-enforcement of the Geneva Conventions and the Additional Protocol to the Geneva Conventions and all the rights the protected person are entitled to by the State parties in armed conflicts situations.In the light of the general discourse, this research was concluded by recommending (among others) that there was the continuous need to strengthen the existing Conventions and Protocols protecting the rights of persons in armed conflict situation in International Humanitarian Law.
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    AN APPRAISAL OF THE ROLE OF LAW IN COMBATING EXAMINATION MALPRACTICE: A CASE STUDY OF AHMADU BELLO UNIVERSITY, ZARIA
    (2017-11) MUHAMMED, Halima
    This dissertation entitled“An Appraisal of the Role of law in Combating Examination Malpractice: A case Study of Ahmadu Bello University, Zaria”is aimed at examining the existing legal regime governing examination malpractice in Nigeria in particular relation to the study of the rules in operation in Ahmadu Bello University. The sources of information relied upon for this research are based on statutes, judicial authorities, articles in journal publications, conference papers, internet and relevant text material on the subject matter. However, the statement of problem justifying this research is that, most often students challenge the disciplinary powers of institutions of learning in examination malpractice cases on grounds of lackof fair hearing thereby creating doubts in the minds of the public as to the effective application of the existing law. In other words, to the public, it seems as if there is no specific law on the subject matter, hence the reason for the challenge posited by the students. Thus, the objective of this research is to examine the adequacy or otherwise of the existing laws on the subject matter in relation to the practical implementation by universities in Nigeria. Nevertheless, this research found (among others) that higher institutions do not report cases of examination malpractice to the Nigerian police force before taking actions (which sometimes include expulsion) against the wrong doer and thereby forgetting that it is a criminal matter which cannot be handled exclusively within the confinement of the higher institutions. Finally, this research was concluded by recommending (among others) that students who commit examination malpractice should be handed to the police before taking any action; and the institutions must ensure that fair hearing is strictly adhered to in the use of administrative panels.
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    AN EXAMINATION OF CABOTAGE LAWS AND IMPLICATIONS FOR NIGERIAN MARITIME INDUSTRY
    (2021) Waamene, NWINEEWII
    The Coastal and Inland Shipping (Cabotage) Act1 was enacted on 30th April 2003 to reform maritime business within the coast of Nigerian. With its coastline measuring over 800kilometers and a wealth of natural resources including rich hydrocarbon deposits, zinc and iron ore, Nigeria has numerous global trade opportunities2 . I have always been intrigued by the Maritime Sector of the Nigerian economy, particularly Cabotage and its activities and this prompted my choosing a dissertation topic in this area of law. The main objective of this Act is to reserve the commercial transportation of goods, services and persons within Nigeria’s coastal and inland waters to vessels flying the Nigerian flag and owned by persons of Nigerian citizenship, in other words, to promote development of indigenous man power in the Nigerian Maritime industry. Given the financial challenges associated with the acquisition of vessels, the Act established the Cabotage Vessel Financing Fund (CVFF) to provide credit facilities to interested Nigerians3 thus facilitating indigenous ship acquisition. The Act restricts foreign participation in Nigeria’s internal water as such foreign vessels are restricted within Nigerian’s waters except when rendering assistance to persons, vessels, or aircraft in danger or distress. Nigerian waters include coastal, territorial and inland waters and islands or waters within the Exclusive Economic Zone of Nigeria. This work examined the implications of the Coastal and Inland Shipping (Cabotage) Act, how it affects in particular, inter-state trade, the capacity of local traders to meet with the provisions of the Act, making funding accessible to indigenous participants for vessel acquisition and the restrictions placed on foreign ships and proffered suitable policy options and recommendations for reform. But despite its laudable provisions, they are still plagued with a lot of problems amongst which are the inability of indigenous shipping company to draw from the Cabotage Vessel and Financing Fund (CVFF) and the nagging challenge of indiscriminate granting of licenses to foreign vessels and waivers. The objectives of this study was achieved using the doctrinal research methodology, relying on primary sources such as Statutes, Case Laws, Rules and Regulations and Secondary sources such as textbooks, journals and internet sources. This research recommended that the Federal government of Nigeria through the regulatory agency Nigerian Maritime and Security Agency (NIMASA) should as a matter of urgent National security and importance unlock the funds in the Cabotage Vessel and Financing Fund (CVFF). The work further recommended that a designated reputable indigenous accounting firm or a Commercial Bank be put in place as the one-stop shop for accessing the fund
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    AN EXAMINATION OF CORPORATE INCOME TAX LEGISLATION AND ITS IMPACT ON REVENUE GENERATION IN NIGERIA
    (2021-11) NWOKENEKWU, Emmanuel Uzoma
    This thesis titled “An Examination of Corporate Income Tax Legislation and its Impact on Revenue Generation in Nigeria” aim at utilizing the Companies Income Tax Act to enhance revenue generation in Nigeria, which is used to fund development in the economy. Company income tax is a major source of revenue to all governments in the world, Nigeria inclusive. It is levied by government against companies operating in Nigeria, which is used to raise revenue for sustainable economic development and administration of governmental policies. Companies income tax (CIT) is a tax on the profits of registered companies carrying on business in Nigeria. It is regulated by Companies Income Tax Act (CITA) Cap.C21 Laws of Federation of Nigeria, 2004.The study adopted essentially doctrinal method of research which involved the collection of materials or facts from, Constitution of Federal Republic of Nigeria 1999 (as amended), Tax Statutes, case laws, which the geographical application is limited to Nigeria only, various text books, articles contained in law journalsand internet materials that are relevant to the subject matter of the research were used. However, empirical method of research was also adopted in some aspects, which consist of questionnaire and interviews through which facts and data were collected, analyzed and interpreted. Accordingly the research specificallyachieved the following objectives; effective and efficient management and collection of taxes through Company Income Tax Act, it also determined the extent of contribution of corporate income tax to revenue generation in Nigeria and determined the tangible things/development taxpayers enjoyed as a result of payment of their taxes, and were inspired to pay more. The problem of the research were the conflict in the classification of companies in Nigeria arising from Section 394(4) CAMA 2020, Companies Income Tax Act (CITA) Cap.C21 L.F.N 2004 and Finance Act 2020, the effect of conflicting definitions of small companies under CITA and CAMA 2020, also impacts the required documents for the purposes of filing the company‟s annual income tax returns. Section 402 of CAMA 2020, exempts companies which are yet to commence business and small companies from appointing auditors and conversely in line with Section 55 CITA, all companies are required to file annual self-assessment returns. Finance Act has amended Section 55 CITA, such that instead of audited accounts, FIRS may specify an alternative form of accounts, to be included in the tax returns. Other problems of the research include the tax evasion and avoidance which have hindered increase in revenue generation of the federal government, inadequate tax personnel to cover all areas of operations of FIRS to enhance revenue generation, mismanagement of tax payments collected by officials of FIRS, and unreliable and inadequate data problem that have hindered FIRS from improving her functions.The findings of the research based on the doctrinal and empirical methods of research used were, monetary penalties/fines contained in the Companies Income Tax Act are insignificant and inadequate to deter the offences for which they are prescribed for; high rate of 30% tax for large companies discouraged the investors from investing in Nigeria and also discouraged the local industries in Nigeria from paying their correct taxes; conflicts in the classification of companies in Nigeria between CAMA 2020 and CITA for tax purposes have created ambiguities, for instance a company with a turnover of N110million qualifies as a large company under CITA for tax purpose, the same company do not qualify as a small company under CAMA. and lack of skilled manpower and modern technology in the operations of FIRS adversely affected her revenue generation. The research recommended that adequate monetary penalties/fine should be provided to deter offences, for instance the fine of N600.00 provided for unauthorized collection of taxes contained in Section 95(b) of CITA should be increased to N50,000.00; reduction of 30% tax rate for large companies to 25% will encourage investors to invest in Nigeria; harmonization of the conflict between CAMA 2020 and CITA over classification of companies,is necessary to ensure uniformity and confidence of taxpayers and stakeholders and eliminate resultant conflicts. Finally, the research concluded that corporate income tax legislation has significantly impacted on the revenue generation in Nigeria.
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    AN EXAMINATION OF THE ROLE OF CLINICAL LEGAL EDUCATION IN PROMOTING LEGAL PRACTICE IN NIGERIA
    (2021) Suleiman, ABUBAKAR
    Clinical Legal Education (CLE) is an experiential learning process of teaching law that was introduced with the major aim of producing lawyers with community consciousness, ethical skills and competence to handle legal issues in accordance with the global best practice. This research examined the role of CLE in promoting legal practice in Nigeria by analysing the activities of Law Clinics and the Clinicians to see how they are helpful to the society and the law students aspiring to becoming lawyers in line with global best practice. The research relates experiences of law students in projects such as social justice and public interest lawyering which cover Prison/pre-trial detainees project, Community outreach/street law, the Stop Torture Project, Freedom of Information Act Projects and client interview and counselling among other activities of Law Clinics. The choice of this research is burnout of the recent constant attacks on the legal profession from the Bar and/or Bench that many attributed to the nature of half-baked and unethical lawyers produced yearly from the University because of the strict nature of teaching law in theories devoid of practice/practical application of the theories to real life issues. The problem of the research boarders on the non-inclusion of practical skills and legal ethics in the legal education curriculum and the problem of the failure of lawyers to embrace the professional values of providing free legal service to the indigent members of the society. The first objective of the research is to look at the extent at which law students through constant application of CLE Methodologies can effectively integrate legal ethics. Secondly, to examine how the Nigerian Universities can adequately educate law students through the content and methodologies of CLE curriculum to perform effectively after graduation. Finally, to examine how CLE can inculcate the habit of rendering free legal service by students to indigent members of the society. The research used doctrinal, empirical and teleological methods of research. The findings of the research includes insufficient ethical curriculum for teaching law courses in the universities, resistance from law students due to over-population in the classroom and resistance from some legal practitioners, judges and law lecturers. The research finally recommended the incorporation of CLE ethical curriculum in law courses taught in the university, mandatory use of formative assessment methodologies in teaching law courses and CLE advocates need to partner with NBA and the judiciary for effective implementation of CLE
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    AN ANALYSIS OF DELAY IN ENFORCEMENT OF CONTRACTUAL JUDGMENTS AS IMPEDIMENT TO FOREIGN DIRECT INVESTMENTS (FDI) IN NIGERIA
    (2014-12) RABIU, Ahmed
    Foreign Direct Investment (FDI) is about economic prosperity and wealth creation of developing economies, (FDI) brings with it capital, technology, it provides a platform for the creation of jobs and links to the world economy which brings development. The New Partnership for Africa’s Development [NEPAD] asserts that to meet its developmental challenges, Africa will have to rely more on foreign direct investment [FDI] than aid. Given the fact, the aid flows to Africa have significantly declined over the years and that the continent has now to compete with other countries for the same resources needed for development. Therefore, [NEPAD] places greater emphases on the importance of foreign direct investment [FDI] as Africa’s new engine of economic growth, particularly in the manufacturing and agricultural sector, as opposed to the oil and gas and other natural resources. However, the contribution firms, and foreign direct investment [FDI] make to the society is determined principally by the investment climate. There are many features of a good investment climate, aside of legal framework, provision of security and maintaining infrastructure, which provide the opportunities and incentives for the investment to flow and flourish and create confidence in the mind of the investors, to invest productively, and they include strong and vibrant contract enforcement. Delays or uncertainties in the enforcement of contractual rights erode the value of property rights and diminish the opportunities and incentives to invest. Therefore, the process of seeking redress through the normal court system is too protracted and unsatisfactory to continue to serve as primary recourse option of executives and potential investors, and this also explain the slow of improvement in FDI in the manufacturing and agricultural sector inflow to Nigeria. There are additional reasons for all these difficulties and hurdles that constitute a clog to an efficient contractual enforcement. The legal system that made judges of regular courts to also handle election petitions and other ad-hoc assignments to the detriment of the regular pending commercial cases before the courts. Secondly, there currently distinct rules for each state of the Federation and there number of civil procedure rules required to be complied with to move cases through the system from filing to judgment enforcement. This has created additional and unnecessary procedures that elongate the process of contract enforcement. Thirdly, despite these enormous powers of the Sheriff and bailiffs in the process of trials and enforcement of contractual judgments, in Nigeria majority of the bailiffs in all our courts including the courts of records are either retired police or military officers with no formal training on their powers and obligations in accordance with the provision of the law.The dissertation mainly recommended the creation of Commercial courts or Commercial divisions throughout the federation to handle contractual and commercial cases; secondly, Secondly, it is recommended for the unification and adoption of a single the civil procedure rules throughout the country. Lastly to institutionalize the training and retraining of sheriffs and court bailiffs on the provisions of the rules as it relates their functions of giving effect to court orders and judgment.These would go a long way in providing an effective and speedy movement of civil cases through the system of trial and subsequent enforcement in our courts, which may further create confidence and improve the investment climate for the inflow of the Foreign Direct Investment (FDI) in to Nigeria.
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    AN ANALYSIS OF DOMESTIC IMPLEMENTATION OF THE KYOTO PROTOCOL ON CLIMATE CHANGE IN NIGERIA
    (2014-11) BABAMALE, M. Kudirat
    The global nature of climate has become very well appreciated in the developing as well as developed world. For example, in its recent Summit in Gleneagles, Scotland, in the United Kingdom, the leaders of the G8 nations very significantly remarked that climate changed is happening now, that human activity is contributing to it, and that it could affect every part of the globe. In its resolutions, the G8 leaders noted thus “The Gleneagles plan of Action which we have agreed demonstrates our commitment. We will take measure to develop markets for clean energy technologies, to increase their availability in development countries, and to help vulnerable communities adapt to the impact of climate change.
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    AN ANALYSIS OF ISLAMIC CIVIL PROCEDURE IN NIGERIA
    (2010) ALIYU, MUSA ADAMU
    As a result of interactions between individuals, it is normal for dispute to arise. Islamic Law had provided the procedures through which such dispute can be judicially determined. Nigerian Courts are enjoined to apply procedural Rules enunciated by Makili School of jurisprudence. Full application of Islamic Civil procedure in Nigeria has been limited by some statutes. Most of the texts on Islamic Civil Procedure are classical and written in Arabic language. The rules of Islamic Civil Procedure enunciated by the classical books are yet to be comprehensively codified to guide Nigerian Courts in conducting trials. Unfortunately the poor level of knowledge of Islamic procedure rules among lawyers and the lower courts judges has led to incorrect appreciation and application of the rules. The scope to be covered by this research is: the sources of Islamic Civil procedure, conditions precedent to commencement of civil action, hearing and determination of disputes. The research methodology of the thesis is doctrinal and analytical. In the course of the research, some findings or observations were made. The research found that there is no clear distinction between substantive and procedural law in Islamic Law and most of the texts on the subject are written in classical Arabic which is technical in nature. The jurisdiction of Shari’a Court of Appeal in Nigeria is limited to Islamic personal Status. Suggestions were made in the research as proffered solutions to the enumerated findings/observations. LIST OF ABBREVIATIONS: ALL FWLR - All Federation Weekly Law Reports. BOS - Borno State. CA - Court of Appeal. CFRN - Constitution of the Federal Republic Nigeria F.S.C. - Federal Supreme Court Cases. FWLR - Federation Weekly Law Reports. KSW - Kwara State. LFN - Laws of the Federation of Nigeria 1990. NWLR - Nigerian Weekly Law Reports. RSMNW - Rahotannin Shari’ar Musulunci Na Wata-Wata A Najeriya. SCA -
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    AN ANALYSIS OF JUDICIAL PROTECTION OF HUMAN RIGHTS IN NIGERIA: ISSUES AND CHALLENGES
    (2018-03) ESIEVO, Cynthia
    Generally, the protection and promotion of human rights is a core function of the three terms of government to wit: The executive, legislature and the judiciary. In particular, judicial protection of human rights becomes expedient not only for the rule of law but the determination of equality governance. For example, an organized government needs a functioning legal and judicial system to bring forth its aspirations through an enormous regard for the protection and promotion of human rights. On this note, this dissertation aimed at examining the effectives of the judiciary in discharging its duty in the enforcement of human rights in Nigeria through the study of the existing legal writings on the subject matter with a view to strengthening the institution in the final analysis. The sources of information relied upon were relevant books, articles in Journals publication, judicial authorities, statutes, conferences and internet materials. In the course of the research it was found among others that the judicial remedies which are in place to redress human rights violations are not adequate as a result of non-respect for the judiciary, corruption and political influence which leads to the non-enforcement of judgments and orders of the Court. Against this backdrop, this dissertation concluded by recommending amongst others that the current strive against corruption by the government should not be confined to the Judiciary but to the society at large in other to chastise and strengthen the institution to be able to make for the best means of protecting human rights in Nigeria.
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    AN ANALYSIS OF JUDICIAL PROTECTION OF HUMAN RIGHTS IN NIGERIA: ISSUES AND CHALLENGES
    (2018-03) ESIEVO, Cynthia
    Generally, the protection and promotion of human rights is a core function of the three terms of government to wit: The executive, legislature and the judiciary. In particular, judicial protection of human rights becomes expedient not only for the rule of law but the determination of equality governance. For example, an organized government needs a functioning legal and judicial system to bring forth its aspirations through an enormous regard for the protection and promotion of human rights. On this note, this dissertation aimed at examining the effectives of the judiciary in discharging its duty in the enforcement of human rights in Nigeria through the study of the existing legal writings on the subject matter with a view to strengthening the institution in the final analysis. The sources of information relied upon were relevant books, articles in Journals publication, judicial authorities, statutes, conferences and internet materials. In the course of the research it was found among others that the judicial remedies which are in place to redress human rights violations are not adequate as a result of non-respect for the judiciary, corruption and political influence which leads to the non-enforcement of judgments and orders of the Court. Against this backdrop, this dissertation concluded by recommending amongst others that the current strive against corruption by the government should not be confined to the Judiciary but to the society at large in other to chastise and strengthen the institution to be able to make for the best means of protecting human rights in Nigeria.
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    AN ANALYSIS OF JUDICIAL PROTECTION OF HUMAN RIGHTS IN NIGERIA: ISSUES AND CHALLENGES
    (2018-03) ESIEVO, Cynthia
    Generally, the protection and promotion of human rights is a core function of the three terms of government to wit: The executive, legislature and the judiciary. In particular, judicial protection of human rights becomes expedient not only for the rule of law but the determination of equality governance. For example, an organized government needs a functioning legal and judicial system to bring forth its aspirations through an enormous regard for the protection and promotion of human rights. On this note, this dissertation aimed at examining the effectives of the judiciary in discharging its duty in the enforcement of human rights in Nigeria through the study of the existing legal writings on the subject matter with a view to strengthening the institution in the final analysis. The sources of information relied upon were relevant books, articles in Journals publication, judicial authorities, statutes, conferences and internet materials. In the course of the research it was found among others that the judicial remedies which are in place to redress human rights violations are not adequate as a result of non-respect for the judiciary, corruption and political influence which leads to the non-enforcement of judgments and orders of the Court. Against this backdrop, this dissertation concluded by recommending amongst others that the current strive against corruption by the government should not be confined to the Judiciary but to the society at large in other to chastise and strengthen the institution to be able to make for the best means of protecting human rights in Nigeria.
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    AN ANALYSIS OF LEGAL FRAMEWORK ON COMBATING CYBERCRIME IN NIGERIA
    (2017-01) OGANA, Eteya
    This research provides a conceptual discourse into the challenges of cybercrimes and the modes of curbing it. The modern society today faces with the greatest achievements of technical and technological development, associated by rapid expansion of information technology and automation of work activities in all social life spheres. Such development in modern society has brought a large number of facilities on one side while, on the other side the presence of deliberate misuse of this technological achievement has also created a number of problems and risks towards individuals and groups in the society in general and national safety in particular, the approach how criminals (offenders) commit crimes has changed. Digital general approach has opened new opportunities for unscrupulous behavior. Millions of Nairas/Euros have been lost by businesses and customers from the use of computers as part of the commission of the crime. In absence of technology and trained personnel to deal with this new threat known as cybercrime, the security agencies are challenged by specialized cyber offenders which are known as hackers because apart from managing to break into state institution websites they are able to have unauthorized access to information classified as state secret and top-secret. The research will be focusing majorly on the Nigeria perspective, the research will also focus on the variety of approaches from other jurisdictions, as well as the related problem of cybercrime from the perspective of governments, the private sector, academia and international organizations and how to combat cyber related crimes. Due to the global nature of computer crime, the general action in preventing and combating this type of crime, consists on building bridges of cooperation and coordinated action of all countries, and in this case of Nigeria in order to set international standards in the field of defense and security of information systems which standard would guarantee the success of a sustainable national perspective in combating threats from cybercrimes. In this thesis, among others we will present the global aspect of cybercrime, the legal infrastructure defining cybercrimes and their forms, in, the role of security institutions in combating crime in general with particular focus on tackling cyber challenges, current threats and future threats related to cybercrimes, the legal research methodology adopted in the collection of information is the doctrinal method. The findings of the research reveal essentially, that cybercrime legal responses are inadequate to fight cybercrime; those available could address cybercrime menace. It is therefore recommended that legislation needs to keep pace with e-crime, while some need reform to meet prevalent and sophisticated cyber challenges. Apart from awareness and culture, security measures (technical and non technical) will need to be put in place and enforced, as part of the solutions. This might involve raising penalties and increasing the seriousness of e-offences. The right culture should create a high level of awareness amongst stakeholders.
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    AN ANALYSIS OF REGULATORY REGIMES FOR THE TAXATION OF ELECTRONIC COMMERCE IN NIGERIA
    (2018-06) ELISHA, Oloruntoba Job
    No doubt, the advent of Information and Communication Technology (ICT) has greatly impacted human interaction ranging from political, religious, social and business transaction. The Information and Communication Technology (ICT) has contributed in a no small measure to the advancement in business transaction as it has taken the manner and channel of commercial transaction beyond the traditional method. Electronic Commerce, though a terminology recently introduced to the psyche of the Nigerian commercial transaction, it is fast gaining ground as it has contributed to the Gross Domestic Development. However, instead of government at national and at international levels to be benefitting from e-commerce in term of revenue to the government, the reverse is the case. Globally, taxation is a vexed question, and taxing electronic commerce creates additional challenges. This notwithstanding, electronic commerce holds tremendous potentials as a formidable source of governmental revenue in the light of globalization and increasing automation of commercial transactions in Nigeria. National and states tax authorities are struggling to find mechanisms to collect the anticipated significant revenues derived from taxing e-commerce profit. Government is yet to feel the impact electronic commerce in terms of revenue generation to the government. Therefore, this work examined the factors proved to be responsible for this ugly situation ranging from the fact that there is no extant law regulating electronic commerce in Nigeria to the archaic law on taxation which makes it practically difficult if not impossible to bring cyber income within the tax box, the ubiquitous nature of cyberspace where this electronic commerce takes place is being exploited as an avenue to evade and avoid tax payment, non-characterisation of electronic commerce to e-commerce in tangible products, intangible products and in services. The work employed the doctrinaire research methodology in analysing some tax statutes relating to taxation, examining the challenges in taxation of e-commerce which includes difficulties in exercising jurisdiction to tax cyber income, displacement of physical presence in electronic transactions, difficulties in assessment and computation of cyber income and lack of wherewithal on the part of the tax authorities in tracing of electronic commerce. It is quite unfortunate that there is no extant law regulating e-commerce in Nigeria the result of which is loss of revenue to the government. The worked was concluded by recommendations which are as a matter of necessity required for effective and efficient means by which e-commerce can be taxed.
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    AN ANALYSIS OF THE APPLICATION OF THE DOCTRINE OF COMPACT UNDER THE NIGERIAN MILITARY LAW
    (2017-04) GONI, Abba Ali
    This research titled: Analysis of the Doctrine of Compact under the Nigerian Military Law is concerned about the legal status of a soldier upon joining the military profession on the one hand, and his contract of service to the state on the other hand. The soldiers compact spelt-out his right privileges, liabilities and limitations. He is expected to perform his constitutional roles to the state in accordance to rule of law and International acceptable standard. The importance of the military profession in the development of a state cannot be over emphasized because no nation in the world today can develop without peace and stability. The primary role of the military is to ensure peace and stability through performance of their constitutional roles. It is in line with the important constitutional roles of the military that the Constitution of Federal Republic of Nigeria established the Armed Forces of Nigeria namely; Nigerian Army, Nigerian Navy and Nigerian Air force with their specific roles to the country. These constitutional roles of the soldier to the state is subjugated to military, civil and international law. However, it has been observed that there are problems in the application of military law to the soldier which range from the abused of human rights to inconsistencies of the military law with the constitution. The aim of the research work is to analyzed the legal status of the soldier under military law, civil law, and international law. In achieving this the objective is evaluating the extend of the application of military law, civil law and international law of the soldier in terms of his rights, duties, privileges and limitations. This research work adopts the doctrinal research methodology. The sources of information relied upon include relevant Textbooks, Statutes, Articles in Journals, Case Law, Internet Materials, Newspapers and Conference Papers. The research work finds that the Military Law and Military Justice System are not inconformity with democratic rules and the spirit of the constitution which has largely been the challenges of the Military Justice System in the Administration of Military Justice. The research concludes by recommending that the Military Justice System should be reformed to be inconformity with democratic rules and the constitution so as to correct the inconsistencies that infringes on human rights of service personnel. It also recommended for the reformed of the Armed Forced (Disciplinary Proceedings) (Special Provisions) Act which is discriminatory to service personnel and as well legalized double jeopardy in its provisions. Finally, it is recommended the need for soldiers to be educated at the point of joining the military service on their legal status, so as to help in upholding the law and preserving human rights by service personnel.