THE LEGAL POSITION OF FATHER’S FATHER IN COMPETITION WITH THE COLLATERALS IN ISLAMIC LAW OF INHERITANCE

THE LEGAL POSITION OF FATHER’S FATHER IN COMPETITION WITH THE COLLATERALS IN ISLAMIC LAW OF INHERITANCE

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

Download Full Material-N5000

Leave a Reply

Your email address will not be published. Required fields are marked *

Related Post

Feb 18

Appraisal of Customary Law Arbitration in Nigeria

Appraisal of Customary Law Arbitration in Nigeria

Abstract

The geographical entity now known as and called Nigeria was formally occupied by about 250 independent nations before the advent of the Europeans into the West Coast of Africa. These nations had their distinct customs and laws, which they brought on board Nigeria.  These customs and laws differ from place to place. Customary law arbitration was and still remains a widely accepted option for settling disputes, particularly amongst people occupying the former Eastern Nigeria, now popularly referred to as South East Geo-political Zone of Nigeria.

Comprehensive Analysis of Customary Law Arbitration in Nigeria

This method of adjudication is governed by the Nigerian customary law. It  is endorsed by the Constitution of the Federal Republic of Nigeria 1999, Cap. C23 Laws of the Federation of Nigeria 2004 (as amended), and recognized by the courts. Thus, it is neither regulated by common law principles on arbitration that are applicable to Nigeria nor by the Arbitration and Conciliation Act, Cap. A18 LFN 2004, which is, the basic legal framework regulating written agreements to arbitrate in Nigeria. The unique characteristics of customary law arbitration in Nigeria are that agreements to arbitrate are usually oral in nature, and customary law arbitral proceedings and awards are not normally recorded in writing. The communities that recognize and use customary law arbitration for settling disputes resort to it because it is inexpensive, expeditious, culturally acceptable to them, relevant and suitable for their situations in lives. Also, it helps to reduce pressure on the court system of adjudication. This invaluable method of adjudication is, however, facing serious threats to its development and sustainability. Bearing in mind that indigenous customary law, which is the bedrock of customary law arbitration in Nigeria as opposed to Islamic law, is lex non scripta in nature, imprecise, and differs from place to place, this is not surprising. Regrettably, adequate attention has not been devoted to the study and development of customary law arbitration and its importance in dispute resolution by previous researchers and government, and this has continued to create lacuna in the study and development of the law and practice of arbitration as an Alternative Dispute Resolution (ADR) mechanism in Nigeria. This  study, therefore, sets out to fill this knowledge gap. The main objective for this  study  is to examine the law and practice of customary law  arbitration in Nigeria with a view to determining its  adequacy or otherwise as an ADR mechanism. Correspondingly, the specific objectives for the study are: (i) To ascertain the issues that militate against the development of customary law arbitration in Nigeria, and (ii) To consider whether education can be used to adequately address the issues. Historical, analytical and comparative research approaches will be adapted in this study and relevant data for the study will come from primary and secondary sources. The former came from case law, statutes, as well as unstructured interviews based on proportionate stratified random sampling targeted at traditional rulers, elders of various communities and natives who are knowledgeable in the area of  indigenous  customary  law and practices while historical records, anthropological reports, scholarly articles, text books, and useful resources from the Internet will constitute the latter source.

CHAPTER ONE: GEN ERAL INTRODUCTION 1
Background of the Study 1
Types of Arbitration 3
Universal Nature of Arbitration 3
Arbitration in the Light of Christianity 4
Arbitration in the Light of Islam 6
General Historical Evolution of Arbitration 9
Nigerian Historical Evolution of Customary Law Arbitration 12
Statement of Problem 17
Literature Review 19
The Law of Arbitration in Nigeria 19
The Validity of an Award under Customary Law Arbitration: Nwosu v. 23

Download Full Material-N5000

Feb 18

Implementation And Evaluation of Human Rights Norms in Environmental Protection in Nigeria

Implementation And Evaluation of Human Rights Norms in Environmental Protection in Nigeria

Abstract:

This research work examined the enforceability of human rights norms in environmental protection. And critically reviews the functionality of human rights law in environmental protection and how it can be made to drive enforceability in order to reduce the impact of environmental stressors. The work treats the legal literature and theory of Environmental law and Human rights –and factors of enforcement of human rights law in Nigeria .It establishes that several theories have emerged, and a plethora of them have considered environmental human rights to be those rights that are within the realm of non- derogablerights. Making reference to the impact of international law stressors such as sovereignty, requirement of municipal ratification with particular reference to section 12 of 1999 Constitution of the Federal Republic of Nigeria as amended and the conservative and narrow interpretations of human rights law provisions that stress the enforceability of human rights norms in environmental protection, the paper surveys and maintains a well- balanced assessment of specific instruments such as, in the global setting, the United Nations Declaration on the Right to Development (1986), the United Nations Charter (1945)”, among others; and in the regional setting, the African Charter on Human and Peoples Rights (1981) as domesticated in Nigeria by Cap.10 LFN 1983 and subsequently by Cap A9 LFN 2004 among others, and significantly, the Fundamental Rights(Enforcement Procedure) Rules (2009) and the 1999 Constitution of the Federal Republic of Nigeria as amended, including their policy consciousness, functionality and limitations. The key question that needs an answer is whether and to what extent Nigerian law guarantees applicability of human rights norms in environmental protection? In an attempt to answer this question, we examined the extent to which domestic laws reflect the aspirations of global environmental norms and means by which they are structured. The problem is settled with an answer to a fundamental question. First, to what level of enforceability are the policies emanating from these non- derogable laws, directly and practically implemented and applicable in Nigeria? This study therefore discovers that even with the applicability of African Charter on Human and Peoples Rights amongst other associated laws which have been enhanced by the provisions of the Fundamental Rights (Enforcement Procedure) Rules (2009), compliance to, and enforcement of environmental rights  in Nigeria remains challenging.

  • Background of the Research

The importance of observing human rights in any legal system and its significance cannot be overemphasized. Notably, one of the lessons  of  globalization  and  the new international economic order is the increasing awareness that  the enforcement  of human rights is a cornerstone in the realization of sustainable development, nationally and internationally. To this end, looking at the concept and nature of sustainable development, and what it professes, the importance of a  legal  system lies not only in ensuring civil liberties but in addition creating a viable environment where economic development and social equity can be enjoyed.

 

Nigeria has ratified plethora of human rights treaties that seek to  set globally  applied standards. Some of these standards, especially in recent times  are  not limited to civil liberty domain rather they serve as prelude to the realization of both socio-economic, cultural and solidarity rights  which make room for the realization  of sustainable development . These rights in essence form the new international economic and legal order and thus emerges the concept of sustainable development which “environmental law’’ seeks to promote.

ESSAY AND DISSERTATIONS ON ENVIRONMENTAL LAW IN NIGERIA

Within the context of environmental law however,  are  the  ontological  and historical dimensions. These dimensions depict a mother-child correlation or evolution theory. It is established that human rights of the second and third generations which of course, are developed from that of the first generation, all as reminiscent of natural law, are now being codified with minimum standards. These standards areraised by international law and made tangible by municipal law. Thus, emerges the consciousness that there are environmental rights, such as the right to a clean and healthy environment, the right to development, the right to participate in  the developmental and approval process, the  right  to  environmental  information, the right to compensation and the right of access to justice. They are however, the corollaries of the right to life.

 

In addition to this development, in 2012, the United Nations Environment Programme (UNEP) and the United Nations Office of the High Commissioner for Human Rights (OHCHR) have strengthened their collaboration in the field of the

nexus between human rights and environmental protection during the  United  Nations conference on sustainable development. In the same year, the United  Nations Human Rights Council as part of its special procedures appointed an Independent Expert on human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment and appointed Professor Knox to this position. In line with his appointment as an Independent Expert and as a part of his obligation, in 2014, at the regional level, a consultation was made by the  Independent Expert on the constitution of environmental rights at Johannesburg, South Africa. The consultation was convened by the United Nations Independent Expert on human rights and environment and the United Nations Environment Programme(UNEP) and the legal Resource Centre (LPC).1

 

This studytherefore analyzes the standard of observation of environmental rights in Nigeria, and challenges of enforceability in order to develop animproved legal framework for applicability of environmental rights in Nigeria. We would seek to determine to what extent Nigerian legal system implements and enforces these natural law rights.

Statement of Problem

There has been much concern by Nigerian citizens and advocacy groups who have raised issues and cast aspersion on the environmental impasseand thereaction of people towards corporate attitude in curbing environmental hazards resulting from industrial activities.A recent report by the United Nations Environment Programme (UNEP) on the pollution of environment in the Niger-Delta area of Nigeria, as well as the serial conflicts between host communities, federal agencies and the industrial community, illustrates a lucid account of human rights problems in relation to environmental protection. This looms large in the oil and gas industry

Download Full Material-N5000

Mar 18

THE DOCTRINE OF IJBAR IN ISLAM WITH PARTICULAR REFERENCE TO ITS PRACTICE IN NIGER STATE

THE DOCTRINE OF IJBAR IN ISLAM WITH PARTICULAR REFERENCE TO ITS PRACTICE IN NIGER STATE

Abstract:

This research work is going to examine the essential element of marriage, and indeed the legal basis upon which it rests according to Islamic law. Islam as a complete way of life has a distinct outlook of life. It aims at producing a unique personality in the individual and a distinct culture for the community based on Islamic ideals and values. The Institution marriage and the family occupy a very important position in this scheme of life. Effort is made in this research to explain the Islamic concept of marriage and the family. It is pertinent to note that marriage forms the basis of an ideal union we consider the concept of guardianship in marriage, as it is one of the features of a valid marriage, it is inline with this concept that this research dwells into Ijbar, this is a doctrine of Islamic family law that confers on the father the right to give hi daughter in marriage with or without her consent. This concept will be considered by different juristic view. This work is thus, chapterized with, chapter one introducing the thesis and the back ground of the work. Chapter Two, discusses the concept of marriage in Islam and the wisdom behind the Islamic family system. Chapter Three; explains guardianship and its classification in relation to the application of the concept of Ijbar and option of puberty in accordance with different juristic view. Chapter Four, is a detailed

Download Full Material-N5000