Tag: Law Project Topics

Nov 23

APPRAISING Al-MASLAHAH AL- MURSALAH AS A SOURCE OF ISLAMIC LAW IN JUDICIAL PROCEEDINGS UNDER THE MALIKI LAW

APPRAISING Al-MASLAHAH AL- MURSALAH AS A SOURCE OF ISLAMIC LAW IN JUDICIAL PROCEEDINGS UNDER THE MALIKI LAW

ABSTRACT

Al Maslahah al mursala is a Maslahah which is neither acknowledged nor rejected by the Law Giver. It is called (Mursalah) that is absolute or free from any restriction because it is not qualified or based on a specific Nass. al-Maslahah al-Mursalah can also be any benefit which can be inferred from the five purposes of Islamic Law, but they are neither directly  acknowledged nor rejected by the Law Giver al-Maslah al-Mursalah is one of the sources of Islamic law recognized and applied by the Maliki School of law, Some Muslim jurists do not recognize al-Maslah al-Mursalah as a source of Islamic law that is why it is categorized as one  of the disputed source of Islamic law. The Maliki school is the leading jurists in terms of the application of al-Maslah al-Mursalah, .This research work examines al-Maslah al-Mursalah as a source of Islamic law, position of al-Maslah al-Mursalah in Nigerian Legal System, Extent of powers of the Shari‟ah court judges to practice Ijtihad while applying al-Maslah al-Mursalah and practical examples of the application of al-Maslah al-Mursalah in judicial proceedings was discussed in this research, it was observed that the Sahabah , the Tabi‟un and their followers applied al-Maslahah al-Mursalah in most of their Fatawa and adjudication due to its importance in dealing with new issues that might have come during their time, though they did not give it the nomenclature “al-Maslah al-Mursalah” but a careful look at what they did clearly shows that their verdicts were based on the concept known today as al-Maslahah al-Mursalah..It was also observed that the suspension of hadd punishment for theft by caliph Umar due to femine based on Maslaha gives rise to the development of somany principles of Islamic law such as Aldharurat tabihu It was recommended that the present Ulama should imitate the Sahabah , the Tabi‟un and their followers in basing their fatawa on matters that are not specifically sanctioned or covered by a specific Nass by applying the Al-Maslahah al-Mursalah It is also recommended that the judges should use Maslaha Murdala to develop ptinciple of Islamiclaw that will take care of the emergine issues that are brought before them. .

Nov 23

PROTECTING RIGHTS OF THE CHILD IN NIGERIA

APPRAISAL OF THE LEGAL FRAMEWORK FOR PROTECTING RIGHTS OF THE CHILD AND THE ROLE OF UNICEF IN PROMOTING RIGHTS OF THE CHILD IN NIGERIA

ABSTRACT

United Nations Children Fund is an international Institution that deals with the promotion and protection of the rights of children in times of peace and during emergency situations. Restrictively, this thesis aimed at studying the activities of UNICEF in the promotion and protection of the Rights of the child in Nigeria. The sources of information relied upon are, relevant books, statutes, judicial authorities, articles in Journal publications, newspapers, magazines, and conference and internet materials. The justification for these theses is that, despite the long years of UNICEF’s presence in Nigeria, the situation of the Nigerian child is still very poor. In addition, of recent, many crises have subjected children in Nigeria to untold hardship and reduced them to objects of sympathy, especially, the ongoing Boko Haram crisis in the North-Eastern part of the country where children are involved in calamities along with adults, but painfully, children being vulnerable and defenceless are exposed to all manners of hardship and suffering. Thus, in view of this, the objective of this thesis is to identify the activates of UNICEF that will promote, protect the rights of the child as well as alleviate the suffering of children in Emergency situations in Nigeria. Thus the finding of this research among others is that due to the mandate of UNICEF as an inter-governmental agency, the Fund, although an agency dedicated solely to children, ironically has limited interaction with children and thus lacks practical experience in dealing with children. In view of this, the research was concluded by recommending among others that UNICEF should encourage Child Participation in all its programs as well as initiate programs that will increase direct interaction with children

CHAPTER ONE GENERAL INTRODUCTION

Background to the Study

It is generally known and accepted that children need special care and protection and are dependent upon the aid and assistance of adults, especially in the early years of their existence.1 In their early years, children depend on adults for their feeding, clothing, and indeed all other aspect of their existence.

Under International Human Rights Law, children are considered to be among the vulnerable group and therefore are disadvantaged and needs to be protected by the law. Thus there is no questioning the fact that children constitute the most vulnerable and powerless members of the society. However, the concept that children have specific rights deserving of enforcement and protection is a comparatively modern development. The popular assumption in times past was that most adults and parents in particular, had the best interests of the child at heart, there was thus no necessity to think in terms of children‘s right.2

Recognition of children‘s rights grew out of the wider crusade for human rights, specifically those of women. Indeed, perceptions of the two groups were largely

similar. In the 18th century, for example, both women and children were generally regarded as a form of property.3

The United Nations Children‘s Fund (UNICEF) is a Specialised Agency of the United Nation, devoted to the health and welfare of children. UNICEF is headquartered in New York and works with children in over 158 countries.4 UNICEF originally began as a response to the right of children in the aftermath of World War II. Its mandate gradually broadened to include ongoing support for children in all parts of the world. Currently UNICEF is the leading advocate for children‘s rights, and works to overcome violence and discrimination against children.

 

Nigeria was one of the very first African countries where the United Nations Children‘s Fund (UNICEF) established a programme of cooperation. UNICEF‘s work for the survival, protection and development of Nigerian children has continued ever since. Today, UNICEF is still working in partnership with many stakeholders including children and families to achieve national and international goals instrumental in the fulfilment of children‘s right.

Statement of the Research Problem

 

UNICEF has been present in Nigeria for over six decades now. The organization has been involved in activities geared towards the promotion and protection of the rights of the child in Nigeria. Despite the long years of UNICEF‘s active and continuous struggle to better the welfare of children in Nigeria, the Rights of the Nigerian child to Survival and Early Care; Basic Education; Nutrition; Freedom from Discrimination and other rights provided for by both International and Local Instruments such as the United Nations Convention on the Rights of the Child and the Child Rights Act remains only a dream for many Nigerian children. What then has UNICEF been doing specifically to improve the situation of the Nigerian Child? And to what extent has the efforts been effective in promoting and protecting the Right of the child in Nigeria.

In addition, many recent crises in Nigeria, especially the Boko Haram crisis has had a devastating effect on the Nigerian populace. The most affected group being children who are vulnerable and defenceless. The Boko Haram crisis has reduced many children in the North-Eastern part of Nigeria to objects of sympathy. Presently, it is estimated that there are about 2 million Internally Displaced Persons in the North-East and about 56 per cent of them being children.6 What steps has UNICEF taken to alleviate the suffering of the children in crisis situation especially in the Boko Haram affected areas of the North – East of Nigeria? And how effective has the intervention of UNICEF been in protecting the Rights of Children in emergency situations in Nigeria?

 

Nov 23

Appraisal Of Judicial Reforms Towards An Efficient Administration Of Justice In Nigeria

Appraisal Of Judicial Reforms Towards An Efficient Administration Of Justice In Nigeria

ABSTRACT 

Certain reforms had been put in place to address Nigeria’s quest towards an efficient administration of justice in the country. The reason for this quest is because there is the problem of undue delay in determining cases as a result of the legal processes being usually very slow and complex. Two major reforms carried out with the aim of addressing this problem had been the passing into law of the Administration of criminal justice Act (ACJA) 2015, and the Evidence Act 2011. In many instances, these laws had shown innovations that make for speedy disposal of cases at least when compared to their previous kindred legislations. The Administration of criminal justice Act (ACJA) 2015 for instance, merged the provisions of the two principal legislations governing criminal procedure in Nigeria; the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC) into one principal federal Act which is intended to apply uniformly in all federal courts across the entire Federation and in respect of federal offences. The Act preserves the existing criminal procedures, but also introduces new innovative provisions. As one practical example amongst several discussed in this work, the Act clearly provides that trial of a defendant is to proceed from day-to day until the conclusion of the trial. This is clearly a new and innovative attempt to ensure speedy criminal trials. While the Act yet builds upon the existing framework of criminal justice administration in the country, it however, filled the gaps observed in these laws over the course of several decades. The Evidence Act 2011, on the other hand, repealed the old Evidence Act, Cap E14 Laws of the Federation of Nigeria 2004, which was basically the same with the Evidence Act 1943 which came into force on 1st June, 1945. The justice administrative system in the country got a big boost with the coming into operation of this Act which amongst other innovations as discussed in the research, makes the coast clear for the admission of digital and electronic evidence. The days are gone when such would be rejected on accounts that their admissibility were not provided for under the law. The research adopts both a doctrinal and teleological approach to research in analysing all the issues discussed in the research work. As observed by the researcher, notwithstanding these innovations, there are still noticeable areas of both prospects and challenges for justice administration in Nigeria. The prospects in Information and Communication Technology (I.C.T) to enhance an efficient justice administration cannot be denied. Certain delays or inconveniencies in the justice administrative system can be addressed using I.C.T. Similarly the challenge posed by Legal Pluralism, which exist as a result of the introduction of British laws into Nigeria to co-exist with the indigenous systems of customary and Islamic Laws, thereby producing a tripartite system of laws with all its complications, needs to be addressed. As posited by the researcher, what is both necessary and desirable to address this challenge is the need for a deliberate aim, especially at the national level, to foster the eventual harmonization of the principles of English Common Law and statutes with those of locally enacted laws and of Customary Law/Islamic Law into a general law for the whole country. The researcher concludes by recommending that as the society keeps changing at dazzling pace, the National Assembly must constantly review and update the laws. This is because we may soon find ourselves lagging seriously behind again, where reforms carried out no longer meet the needs of present or future realities of justice administration..

Oct 08

AN APPRAISAL OF LEGAL AND INSTITUTIONAL FRAMEWORK FOR BROADCASTING INDUSTRY IN NIGERIA

AN APPRAISAL OF LEGAL AND INSTITUTIONAL FRAMEWORK FOR BROADCASTING INDUSTRY IN NIGERIA: A CASE STUDY OF NATIONAL BROADCASTING COMMISSION (NBC)

ABSTRACT

Broadcasting Organisations are not perceived as watch-dogs of the society promoting transparency, accountability and good governance for socio-economic and infrastructural development. Works of Broadcasting Organisations are generally construed in narrow term confining its works to the propagation of government policies and programmes. This problems still prevails despite the need for change that necessitated for paradigm shift in the role of Broadcasting organisation. An objective of this dissertation is to educate and enlighten the public on the roles of Broadcasting Organisations toward promoting unity, peaceful coexistence, transparency and accountabilities, socioeconomic and infrastructural development for good governance in Nigeria. Using the doctrinal method of research the dissertation bring out the role of Broadcasting Organisations in the 21st century in Nigeria. The dissertation found that Broadcasting organisation become agents of disseminating government selfish interest which contribute to lack of credibility among Nigerians. The Nigerian Broadcasting organisation should change towards performing it duties as watch-dog of the society to ensure sustainable development and the legislature should amend laws that hinders the operations of Broadcasting Organisations. Broadcasting organisation should channel their activities towards disseminating the voices of common man for solutions to their problems. It should also served as link between the government and the people towards peaceful and sustainable development devoid of selfish interest.