PROTECTION OF WOMEN AGAINST DISCRIMINATORY LAWS, POLICIES AND PRACTICES IN NIGERIA: AN APPRAISAL

THE DEFENCE OF PROVOCATION IN NIGERIA AMD THE SUDAN A COMPARATIVE STUDY

Abstract:

The aim of this then is is to make a comparative study of the defence of provocation in Nigeria and the Sudan. Provocation as a defence attracted criticism by many writers directed to the concept of a reasonable man and the doctrine of proportionality. In this comparative study I examined the differences between the Criminal Code which is applicable in the South and the penal code applicable in the North. This thesis is divided into five chapters. The introductory chapter is about the historical background and definition of the doctrine of provocation in Nigeria. In Chapter III examined the defence of provocation under the Nigerian Law and showed the differences between the two codes and when there departure from the English Common Law, In Chapter III I examined the defence of provocation under the Sudanese Law, Tn Chapter IV I examined the provocation as a defence to offerees other than homicide – a comparative study. Chapter V is about the test of provocate i.e. the test of a reasonable man. The conclusion is about the future of provocation in Nigeria i.e. a critical appraisal of the Law of provocation in Nigeria

TABLE OF CONTENT

Title Page———i

Certification——–ii

Dedication———iii

Acknowledgement——-iv

Abstract ———vi

Table of Content——–vii

Chapter One

1.0 Introduction ——-1

1.1 Statement of Problem——4

1.2 Purpose of the Study——5

1.3 Significance of Study——8

1.4 Limitation——–9

1.5 Scope of Study——-11

Chapter Two

2.0 Review of Related Literature —-12

2.6 Summary of Literature Review—- 19

Chapter Three

3.0 Research Methodology and Procedure—22

3.1 Population ——–22

3.2 Sample and Sampling Technique—-22

3.3 Validation of the Instrument —-23

3.4 Reliability of the Instrument —–23

3.5 Data Analysis——-23

Chapter Four

4.0 Presentation and Discussion of Result—24

4.1 Analysis and interpretaion of Data—25

4.2 Discussion of Results——38

Chapter Five

5.0 Summary, Conclusion and Recommendation –40

5.1 Summary——–40

5.2 Conclusion——–41

5.3 Recommendation——42

References ———45

Appendix 1——–47

Appendix ———50

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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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ABSTRACT

 

One of the most important principles of the contract of insurance is the utmost good faith in which one of the parties to the contract, the insured, is expected to disclose every material facts at his disposal to the insurer at the commencement of the insurance contract in order not to void the contract abinitio. T h e f a i l u r e o n t h e p a r t o f t h e i n s u r e d n o t t o d i s c l o s e o r t o m a k e misrepresentation will automatically void the contract abinitio or to exclude the other party insurer from liability of any claim that may arise under such contract. This dissertation has attempted to look at the principle of good faith worldwide, by tracing the historical background of insurance, the theoretical development of insurance, emergence of insurance companies in Nigeria and by widely studying the general principle of insurance contract and the claim settlement experience of insurance in Nigeria whether there is fairness in the operation of the principle or not. When emphasis shall be laid on the law of utmost good faith, the principle of Caveat Emptor, overview of the principle of utmost good faith, the meaning of materials facts and the duration of the disclosure under the policy of insurance, the role of intermediaries as regard the law of utmost good faith and of course remedies for breach of utmost good faith. The dissertation concluded by looking at the utmost good faith and its impact on claims settlement in Nigeria as regard common law, statues and relevant cases in Nigeria and abroad; recommendation proffered on the inequality on the operation of utmost good faith and the general expectation from insurance as a wholeDownload Full Material-N5000