AN APPRAISAL OF THE APPLICATION OF THE PUNISHMENT OF THE CRIME OF ZINA IN NIGERIA

Abstract:

Chapter one deals with the general introduction to the concept of Zina and how it is considered in different races and cultures and the magnitude of the offence if committed by unmarried or married persons in secular systems contrary to Islam. Chapter two talks about literature review of learned scholars on the concept of Zina. That is what Zina is and how Islam views the act of Zina going by the Quran and the traditions of the Holy Prophet (SAW). Chapter three defines Zina which also includes definition by the four schools of Islamic jurisprudence. It also distinguished between adultery and fornication under Islamic law and what obtains under other systems. It then went ahead to discuss proof of Zina i.e. how it can be proved and the punishment on its perpetrators laid by Allah (SWT) and the tradition of the Holy Prophet (SAW) and also talks about the conditions before the punishment Zina can be inflicted in the testimony of four sane reliable male witnesses and so on. Chapter four talks about the application of punishment of the crime of Zina i.e. the effects of Zina like what one get, if one commits the pact and also other social consequences attached to the commission of the offence. Lastly, chapter five which is the last chapter covers the conclusion and summary of the chapter dealt with under this topic as a whole and make some observation regarding the act of Zina and offer some suggestions which if implemented will go along with in securing for our society the required protection from the menace of Zina

COLONIAL BOUNDARIES AND ECONOMIC INTEGRATION IN AFRICA WITH PARTICULAR REFERENCE TO THE AEC AND ECOWAS TREATIES

Abstract:

Africa’s existing international boundaries are a product of the colonial partition in the 19th Century. Following independence, the colonial territories became sovereign nation states divided by the lines of colonial demarcation along with a series of commercial, linguistic, political and legal barriers. These barriers, imposed and reinforced by the international law regime relating to state boundaries, and sovereignty constitute impediments to inter-state or intra-regional intercourse and overall economic development on the continent. One major obstacle has been the narrow territorial frameworks or limited internal markets of individual countries which hamper economies of scale, higher productivity and international competitiveness. Several regional economic co-operation projects have been tried within the context of existing international law and inter-state diplomacy with little or no success. This work is an effort to assess current efforts at regional economic integration at the continental and sub-regional levels against the background of the rules governing international boundaries and their impact on inter-state or intraregional economic relations. Particular alien!ion is focused on the Treaties establishing the African Economic Community (1991) and the Economic Community of West African States (1975 as revised in 1993). Chapter one is the general introduction. It sets out the conceptual framework and objectives of the the work; the research problem and scope of the work. It also highlights the significance of the study, and its methodology. Chapter Two deals with the history of border and economic relations in Africa. It attempts to provide historical glimpses into the state of pre-colonial political economy and trade on the continent before the contact with Europe from about the 14th century. It also examines the notion of boundaries in Africa’s precolonial political formations. Lastly it looks at the European penetration and subsequent colonisation of Africa and their impact on indigenous commercial intercourse and state organisation. Chapter Three looks at the legal implications of independence for colonial territories in Africa and the associated problems of legal title to territory arising from the principles of classical international law. The chapter also examines the problems of stale boundaries in African economic relations especially in connection with informal transborder trade. Chapter Four considers the historical background to the idea of continental economic integration in Africa. It discusses existing integration projects on the continent. It also attempts to outline the legal framework, structure, status and scope of the African Economic Community as reflected in the Abuja Treaty of Chapter five examines the provisions of the Abuja Treaty which seek to address the constraints to inter-state or intra-regional trade, namely the rules stipulating for freedom of movement, residence and establishment for citizens of member states in each other’s territory. These are compared to free movement regimes in other regions and the legal harmonisation framework that supports those regimes. Chapter Six addresses the problems of integration in Africa with particular reference to the experiences of ECOWAS. Strict border maintenance policies and undue attachment to notions of sovereignty are identified as the major obstacles to integration against the socioeconomic realities in the sub-region. Chapter seven then identifies the major responses to the prevalence of strict border regimes in the Nigerian and African contexts and evaluates these against the wider imperatives of continental economic integration. It recommends an enabling framework for transborder co-operation that may be adopted from the European model. Chapter Eight summarises the major recommendations of the thesis. It concludes by reiterating the desirability of economic integration in Africa and the necessity for instituting more liberal border management policies that would reduce the negative, exclusionary functions of international boundaries on the continent while promoting free movement and intra-regional intercourse across the continent.