LIABILITY OF STATE AGENCIES AND PUBLIC OFFICERS VIS-A-VIS SOVEREIGN IMMUNITY AND LIMITATION OF ACTIONS UNDER NIGERIAN LAW

LIABILITY OF STATE AGENCIES AND PUBLIC OFFICERS VIS-A-VIS SOVEREIGN IMMUNITY AND LIMITATION OF ACTIONS UNDER NIGERIAN LAW

Abstract:

For a long time under the common law the crown enjoyed absolute immunity against any legal proceedings. This principle originated from the philosophy of “Rex non potest pecans,” which literally means “the king can do no wrong” and this had a justification under the principle of “divine Rights of the king.” However, with the movement from the “lessie faire” philosophy of government to welfarism, it became necessary for the state to intervene frequently in the lives of the citizens. This created the ground for making inroad into crown immunity. From 1946, the Federal Tort Claims Act came into force in the United States of America and in 1947. the Crown Proceedings Act followed suit in Britain. Both legislations abolished the immunity of the State/Crown from legal proceedings instituted by citizens. Consequently, at about the same time in Nigeria the doctrine of sovereign immunity was firmly in forced, thereby making the sovereign non-liable, even for the wrongs of its servants, both tortuously and contractually. This research examined the background and development of these immunities, protections and their exceptions in Britain. United States and Nigeria. The study attempt to determine the scope of the statutory immunity and procedural defenses under statures of limitation in Nigeria, especially against the background of the 1970 and 1999 Constitutions and other relevant statutes.

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TORT LIABILITY IN THE ANGLO-NIGERIAN AND AMERICAN CONFLICT OF LAWS

TORT LIABILITY IN THE ANGLO-NIGERIAN AND AMERICAN CONFLICT OF LAWS

ABSTRACT

Torts in the Conflict of Laws has assumed an important position all over the world in recent times because of the rate of increase in interaction between peoples of different legal systems, brought about by technological developments. In some countries, the rules towards the solution of the issue have changed to take care of emerging problems created by the inadequacy of past rules in providing for them. However, choice of law rules in commonwealth countries, including Nigeria is not sophisticated enough to solve the problems of conflict of tort cases in contemporary times. The approaches of the courts in Commonwealth countries have not only remained rigid, conservative and absurd, but have created an atmosphere for hibernating unfair and absurd decisions. American courts, in contrast, have shown their readiness to change their attitudes in tune with the requirements of society. This work is therefore,a study of comparative legal approaches, as well as judicial principles. It highlights the three most prominent choice of law approaches in the English speaking world; the Rule in Phillips V. Eyre, the lex loci delicti approach and the proper law of the tort approach, as they affect various issues in a tort proceedings in the Conflict of Laws. I X ( a ) . The research is composed of eight main chapters, each touching on major issues in tort proceedings in the Conflict of Laws and the mode of resolution adopted in the Four countries under study, viz: England, Australia, America and Nigeria. Chapter One deals with the preliminary issue of establishing the jurisdiction of the court over the subject-matter and the p a r t i e s . Under the Chapter, rules of j u r i s d i c t i o n in the Four Countries have been examined. Chapter two deals with the issue of c l a s s i f i c a t i on under i t , the importance of c l a s s i f i c a t i o n of r u l e s of law and the subject-matter Chapter three contains an examination of the various ways evolved for the determination of the place of t o r t , and the importance attached to it. Chapter Four gives an insight into the mode of determination of the proper p l a i n t i f f and the proper defendant to the proceeding. Chapter Five is the Kernel of the research, it contains a discussion of the three choice of the law approaches in England, Australia and Nigeria, and their practical application by the courts of those countries. I X ( b )o Chapter six examines the relevance, and d i f f i c u l t i e s pertaining the necessity to invoice public policy reasons for purposes of excluding foreign law from applying. Chapter seven examines the recognised defences available to the defendant under the three choice of law approaches. Chapter eight deals with the twin issues of determining remoteness of damage, and the assessment of damages. Chapter nine is the concluding chapter in which major problem areas have been re-appraised, and suggestions made for reforming the Nigeria law

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Mar 19

AN APPRAISAL OF THE CONCEPT AND PRACTICE OF EXTRADITION UNDER INTERNATIONAL LAW

AN APPRAISAL OF THE CONCEPT AND PRACTICE OF EXTRADITION UNDER INTERNATIONAL LAW

Abstract:

Customary international law and treaties have evolved over the centuries by the willing and active commitments of nations to subdue criminals tendencies by punishing fugitive offenders who attempt to escape from justice by seeking refuge in another nations. Extradition has been adopted to effectively prosecute fugitive offenders without offending the sovereignty of a sister state, and without compromising the doctrine of inviolability under international law. One of the problems of this research is that political offence is an exception to extraditable offences, and a concept which is troublesome in the determination of extraditable offence. It is disheartening to learn that some fugitives hide under this exception to escape the wrath of the law. Another problem of this research is the reluctance of some countries to subscribe to the principle of reciprocity and international morality in considering a request for extradition. The attitude of these states has made their territoriesa Haven for fugitive criminals. Another problem of this research is the inherent loop holes in the laws of extradition with particular reference to political offence exception. It is disheartening to learn that bilateral and multilateral treaties, and municipal extradition laws of state parties have made political offence as an exception to extraditable offences, but contain no provision geared towards the ingredients of a political offence that are of universal application. This legal challenge made different nations to ascribe diverse meanings to political offence. The research, therefore, traced the history and development of the practice of extradition in international. It also appraised the nature, scope and principles of extradition in order to ascertain whether the original philosophy behind the birth and practice of extradition amongst sovereign states still exists. It also identified the definitive inadequacy of the concept of political offence, and how it has hampered the smooth practice of extradition.The methodology used in achieving this aim is doctrinal method, which is a library oriented research. It also dwelled on the practice of extradition amongst some sovereign states like England, United States of America and Nigeria. The practice of extradition from the Nigerian dimension of certain instances, like Umaru Dikko, Enahoro and Ojukwu, etcetera, were analyzed and some positive lessons discovered. The research found that political offence exception is an obstacle in the determination of extraditable offences. It has also been found that state parties to extradition agreements take undue advantage of the inherent loop holes in the laws of extradition to avoid their international obligation. It has also been found that domestic extradition laws of state parties empower the Attorneys-Generals or Foreign Ministers who are political appointees to determine which offence is of political character. The research also finds that extradition proceedings are conducted by the requested state, who is the complainant, the prosecutor and the judge. This is difficult to be reconciled with the fair hearing principle of Nemo Judex in Causa Sua. The research recommended that only the courts would be in a better position to determine whether or not a particular offence is political, and not Attorneys-Generals or Foreign Ministers who are political appointees and their judgment is likely to be influenced by politics or other extraneous considerations. The research also recommended that there is need for establishment of a neutral international judicial body to sit in a neutral state to conduct extradition proceedings. It has also been recommended that in the interest of all humanity, municipal legislation on extradition should expressly provide the ingredients that constitute the political offence and the political offence exception should not always be treated like a sacred veil because it is many times used as a shield to protect fugitive criminals.

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Mar 17

A CRITICAL ANALYSIS OF TAX SECTOR REFORMS IN NIGERIA FROM 1978-2012

A CRITICAL ANALYSIS OF TAX SECTOR REFORMS IN NIGERIA FROM 1978-2012

Abstract:

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