THE LAW OF LIBEL AND PRESS FREEDOM IN NIGERIA

Abstract:

Generally in all societies, great importance is s t i l l attached to individual ‘s reputation and his self esteem. For example the protection of human dignity, the concern which under l i e s libel law is given special constitutional status in Germany under their basic law and recently a person’s reputation was regarded as one of his fundamental l i b e r t i e s protected by the due process clause of the United States Constitution. Thus any one who is concern about the manifold threats to peoples reputation by a section of the Nigerian press, is bound to ask what safe guards against them are provided by the law. It is in view of these, that the topic of this t h e s i s namely The Law of Libel and Press Freedom in Nigeria has been choosen. The research gave with the backing of legal a u t h o r i t i e s , situations which lacks legal remedies, as a result meets this question in two ways viz :- (a) The research gave an account of the laws which protects and guarantees freedom of the press on one hand and peoples reputation in various context on the other hand, and cites some recent judicial decisions. (b) Secondly, the research made a number of suggestions for new legislation.

CHAPTER ONE

of the thesis consists of introduction, the historical evolution of the early and modern press in Nigeria; and the meaning of the term press freedom.

CHAPTER TWO

examines the constitutional basis of press freedom and proceed to discuss some legal restraints or limitations to press freedom.

CHAPTER THREE

focuses on the law of defamatory libel and the press in Nigeria, and also examined the extent to which English defamation laws can be applied side by side with the Customary law of defamation in Nigeria.

CHAPTER FOUR

considers the traditional defences available to a defendant of libel suits and the possible remedies available to the successful plaintiff in such action.

CHAPTER FIVE

being the last chapter consists mainly of conclusion and suggestions for new legislation

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IRREGULARITIES IN THE CRIMINAL PROCEDURE CODE OF NORTHERN STATES OF NIGERIA:- A CRITICAL APPRAISAL.

ABSTRACTS

This thesis gives an account of the Law and Irregularities in the Criminal Procedure Code of the Northern States of Nigeria. Most of the irregularities were found to have been committed by the courts of inferior records, most especially the Area Courts and Magistrates’ Courts. The study was undertaken with a view to highlighting the irregularities that vitiate the proceedings of the courts and those that are inconsequential. It is hoped that this study will be of use to all those involved in the trial in the inferior courts in Nigeria. It may also benefit those members of the general public who are interested in knowing as to whether every irregularity or error in proceedings, that justifies the reversal of a judgment or not. Chapter 1 deals with the general introduction, meaning of criminal procedure, objective of research and the definition and effect of irregularity in a criminal proceeding. Chapter 2 examines classification of irregularities namely, mere and fundamental irregularities in the Criminal Procedure Code of the Northern States of Nigeria and fundamental irregularities under the 1979 constitution. Chapter 3 examines irregularities in Arrest and Search, namely,. Definition of Arrest, Constitutional Provision for Arrest, Ground of Arrest, Manner of Arrest, Arrest with or without Warrant, Person who can Effect vii Arrest, Effect of Irregularities in Arrest, Remedies Available to illegally arrested person. It also discusses extensively irregularities in search and seizure, namely, search with warrant wrongly obtained, search without warrant, search under a valid warrant but in an unlawful manner, search of person upon Arrest, Search of Premises, Rules Relating to Search and Effect of Irregularities in Search. Chapter 4 analyses irregularities in trial, namely production of the accused person and evidence before the court. It also evaluates irregularities in a charge, namely, definition of a charge, formal charge, Informal Charge and effect of Irregularities in the charge. Chapter 5 considers irregularities in Judgement and sentence, namely, Nature of Judgement, Judgement and Failure of Justice test, effect of irregularities in Judgement. It also discuss the irregularity in sentencing, namely, definition of sentencing, limitation on sentencing powers and some procedural factors considered in sentencing. Chapter 6 draws certain summary and conclusions from the study and offers some suggestions as guide to courts and law enforcement agents against committing further irregularities in criminal trials.

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AN APPRAISAL OF THE ASCERTAINMENT OF APPLICABLE LAW OF TORTS IN CONFLICT OF LAWS

Abstract:

This thesis entitled, “An Appraisal of the Ascertainment of Applicable Law of Torts in Conflict of Laws” aimed at ascertaining the applicable law of torts in conflict of laws situation in Nigeria by examining various rules that have been perfected to take care of such processes based on choice of law approach, among the various rules. Traditionally, most of the rules governing the ascertainment of applicable law of tort in conflict of laws were more theoretical in nature, based mainly on the application of the Lex Fori, Lex Loci deliciti, the proper law of the tort, characterization, and modern theories. Thus, against this backdrop, the objective of this research is to identify the major aspects of torts in the conflict of laws that formed the core of choice of law, with particular reference to Nigeria and to further identify challenges involved there in. However, a major finding of this research is that there are certain areas of conflict of laws where the application of the rule in Phillips vs. Eyre (as the prevailing choice of law rule in Nigeria) is unsuitable to the Nigerian circumstances. It is noted that the rules in Phillip vs. Eyre and Boys vs Chaplin were designed or rather adopted when human interactions, productions, means of communication and science and technology were not advanced as today. In the comparative evaluation of the rules in the commonwealth countries and in America, the writer laid more emphasis on the view point that have practical relevance to each jurisdiction in order to satisfy the yearnings of a balanced determination of conflicts emanating from frictions arising out of the natural contact between individuals and interests. Obviously, the statement of problem of this thesis therefore suggested that there is uncertainty of the applicability of law of tort in conflict of laws situation in Nigeria. In other words, where there is a case of tort involving foreign element in Nigeria, the court in Nigeria is faced with the problem of which law is applicable? For example, is it the forum law or the foreign law of torts that will apply? This uncertainty is caused by the fact that there are several factors to be considered in order to arrive at a choice of the applicable law. It is the existence of this problem that motivated this work. On this note, the researcher concluded by recommending (among others) that, the Nigerian legislatures, both the National Assembly and States Assemblies, should enact a law that will take care of jurisdiction and ascertainment of applicable law when the cause or matter has a foreign element. The sources of information relied upon here are doctrinal method of acquiring data and information was used, thereby, combining several documents, ranging from text books, journals, statutes and other relevant treaties to accomplish this work.

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