A LEGAL APPRAISAL OF FREEDOM OF EXPRESSION UNDER 1999 CONSTITUTION

A COMPARATIVE STUDY OF MODERN AND CUSTOMARY ARBITRATION IN NIGERIA

Abstract:

This thesis conceptualized dispute as an integral part of man’s existence and a common occurrence in human societies which could arise as a result of differences in opinion, political ideologies, bad governance, ethnic nationalism, land matters, family issues, some economic or religious reasons, and in some cases a combination of two or more of these factors which may lead to conflicts. These conflicts may result in strained relationships, loss of lives and/or properties, hence the need for a dispute settlement mechanism which may be modern or traditional. The major issues for determination are, whether arbitration is a necessity and has been a successful tool in amicable resolution of disputes; and whether customary arbitration is more effective than modern arbitration. It is in the light of the foregoing that this work compared modern arbitration to customary arbitration. The comparison is with a view to realizing which option would be more practicable in terms of amicable resolution of disputes. The research methods adopted are doctrinal and empirical. Judicial decisions, statutes and books on arbitration were useful to this research. Data was also collected through distribution of questionnaires. This thesis examined the concept of arbitration as a dispute resolution process. It also examined some provisions of the Arbitration and Conciliation Act, Cap A18, LFN 2004 and some case laws on the essential ingredients of arbitration. It noted that arbitration has been used successfully over the years to achieve amicable resolution of disputes. However, inspite of its tremendous achievements, arbitration is faced with some challenges. These include the attitude of Nigerian courts towards enforcement of customary arbitral awards, high level of illiteracy of the customary arbitrators, highly formalized and legalistic nature of modern arbitration. At the conclusion of the research, it was found among other things that modern arbitration is expensive and may not be accessible to the common man. It was also found that feuding parties in traditional communities use traditional approaches to resolve their conflicts because they find customary arbitration more accessible, quick and cheap. Consequently, the thesis recommended for the promotion of modern education and capacity building in the form of paralegal training for the operators of customary arbitration and that priority should be given to customary arbitration which is cheaper, faster, less formal and accessible to the common man.

It is clear that the reasons for grounds for the description of marriage are actually expanded enough to contain the majority of the issues that couples normally raise in the divorce process. This is the case in the majority of cases. However, each and every one of them may also present enormous challenges when attempting to establish them in a court of law. A person who is considering getting a divorce should talk to an attorney about the particular grounds for wanting a divorce in the first place, as well as for additional information and clarification regarding the various types of divorce and how they relate to specific situations.
Adultery is one of the primary reasons that Muslims get divorced. Adultery is defined as having sexual relations with another person while either you or the other person is already married to another person. These sexual encounters must be voluntary for them to be considered adultery. Adultery is regarded as a sin in virtually all world religions and legal systems, despite having a range of definitions depending on the jurisdiction. “Adultery is defined as sexual intercourse by a person, whether man or woman, with someone to whom they are not married,” according to Muslim law. This definition applies to both men and women. Adultery, also known as extramarital sex, is considered to be a violation of the matrimonial bond and is regarded as one of the most serious crimes that is condemned by Allah in the Quran, the religious book that is followed by Muslims.
A relationship that is either premarital or extramarital is referred to as a zina in Arabic. People who commit the act of zina, which is considered to be the most heinous crime, may be subjected to severe punishments. The following are examples of verses in the Quran that prohibit adultery, as stated by Allah:

“Stay far away from sexual misconduct. It is undeniably a despicable act, and it will inevitably pave the way for further misdeeds. “Say, ‘Verily, my Lord has prohibited the shameful deeds, be it open or secret, sins and trespasses against the truth and reason.'” “Say, “Verily, my Lord has prohibited the shameful deeds, be it open or secret.”

The act of committing adultery is regarded as one of the most heinous and dreadful of all sins in Islam. The fact that it is considered to be on par with the gravest of transgressions in the Quran is indicative of how abhorrent it is. The verse from the Quran that was just quoted explains that concept very clearly.

Because of the devastating effects it has not only on the person who commits it but also on their family and on society as a whole, adultery is widely regarded as a crime that can never be forgiven. It results in betrayal and violates the faith and harmony that are the foundation for a fulfilling family life; it wastes away the vitality; it throws off the balance; it deteriorates the purity of the character and eradicates the feelings of devotion and loyalty; and as a result, the individual must face the wrath of Allah and punishment in a variety of forms.

Fornication and infidelity are considered to be the most heinous and unforgivable of sins, and the Prophet said the following in reference to adultery: “When adultery and promiscuous behavior becomes rampant in a nation, Allah will expose them to His chastisement, and He will send upon them such (strange) diseases that their own ancestors have never heard of.”

Men and women alike who participate in the immoral act of zina are subject to severe repercussions as a result of their actions. Adulterers are punished with stoning to death, which is also known as Rajm or severe flogging, in accordance with Islamic law. The chastisement for premarital sex is 100 lashes, while the punishment for adultery is severe flogging or stoning. However, stoning as a form of punishment for having sexual relations outside of one’s marriage is prescribed in Hadith but is not mentioned in the Quran. The word “hadith” refers to the verbal mores that are connected to the actions and words of Mohammad, the prophet of Islam.

Although men are an exception to the rule in this circumstance, and it is not considered adultery for a married man to have sexual relations with a single woman, it is a crime for a married woman to have extramarital affairs. In this particular instance, the punishment prescribed for her in Nigeria in the modern day is to get a divorce.Download Full Material-N5000

SECURITIES FOR BANK LENDING: PERSPECTIVES UNDER NIGERIAN LAW.

Abstract:

Bank lending transactions deal solely with matters that are related with security for advancement. The importance of security in bank lending can not be over-emphasised in business relationship between both banker and customers, in present day Nigeira. The economy has virtually collapsed or has reached a point of total collapse. Many banks are distressed currently due to the state of the economy, those that have not wound up are struggling to survive and are increasingly finding it difficult to stay on board. Rising inflation cripples both individual banks and financial institutions. These coupled with very poor wages and extreme pressure on the economy, everyone is searching for an alternative source of money. Some to shore up a collapsing business, others expand an existing one or to start a new project. The need to secure these loans has become imperative. The sole objective of this thesis is to bring the law relating to security for banks lending under Nigeira law, in work for easy reference. There are five chapters in this thesis. The first is a general introduction, covering the definition and the various type of securities demanded by Nigerian banks, background and meaning of securities and its general outlooks. Chapter Two deals with land, mortgage, its meaning and use as security. It deals with both legal and equitable mortgage, the form of security that may be created in mortgages. The third chapter discuss’s guarantees, its features, and its termination. It include a discussion on securities generally. Chapter Four treats issues such as choses in action, shares, life assurance policies, stocks, and implications to the lender in the event of a breach by the borrower. Chapter Five is the concluding chapter and it deals with problems of the bank, solutions to the problems and the possible reforms which are desirable to sanitise the Industy.