THE PROCEDURE FOR REMOVAL OF GOVERNOR OR DEPUTY GOVERNOR FROM OFFICE UNDER NIGERIAN LAW

ABSTRACT

Whenever a notice of allegation in writing signed by not less than 1/3 (one-third) of the members of the House of Assembly is presented to the Speaker of the House of Assembly of the state stating that the holder of such office of the Governor or the Deputy Governor is guilty of gross particulars of which shall be specified, the Speaker of the House of Assembly shall within 7 days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the House of Assembly and shall cause any statement made in reply to the allegation by the holder of the office to be served on each member of the House of Assembly. Thus an impeachment proceeding is set in motion for the removal of a Governor or the Deputy Governor.

Unjust Enrichment and Restitution: Challenges and Prospects for the Nigerian Legal System

CHAPTER ONE 

1.0       INTRODUCTION AND BACKGROUND TO THE STUDY

”For this by nature is equitable, that no one be made richer through another’s loss” pomponius1

Unjust enrichment seeks reimbursement from another who had benefited from his actions, services or property without legal justification. A person who has been unjustly enriched at the expense of another is required to make restitution to the other.2 In order to be granted restitution, the Plaintiff must show that the defendant received a benefit and that by the receipt of that benefit, he was unjustly enriched at his expense and that circumstances were

Unjust enrichment, also known as the law of gains – based recovery4 is a legal response which is calculated to  take away an  inappropriate  gain or  enrichment.   It  covers many  diverse  cases,such as the law relating to mistake, tracing of stolen property, unfair pressure, and recovery of the proceeds of wrong-doing. It also covers the important legal institutions of salvage, contribution, subrogation and constructive trust. As a legal response, restitution can be triggered by any one of a number of causative events, generally accepted to be that of unjust enrichment and wrongs.

LAW PROJECT : Unjust Enrichment and Restitution: Challenges and Prospects for the Nigerian Legal System

However, there are two distinct parts of the law of restitution – the cause of action in unjust enrichment and its sole resulting response of restitution, and, the response of disgorgement that is available for certain wrongs. This study is primarily concerned with the cause of action in has been described as “having some claim to be the fastest moving subject in common law Insurance, University of Lagos Press , 159 (2007).world.8 As a result, it is unsurprising to find that developments in this area of the law have been progressing on several fronts, so much that each appears to be different. However, the specifically restitutionary interest remains the same irrespective of the situation, which is whether the plaintiff can recover an enrichment received by the defendant at his expense. One major change in the law of restitution is the now accelerating acceptance of the language of restitution and unjust enrichment as preferable to the inscrutable vocabulary of the past.9 This change is foundational to the law of restitution because it affects the way in which problems in the area of the law are perceived and analysed, and can be largely attributed to the famous one of the most intellectually vital areas of private law, it has not yet gained any significance in Nigeria as an independent cause of action10 No wonder there is no single decided case on this

ABSTRACT

This study has examined the intricacies involved with respect to child’s rights to freedom of thought, conscience and religion under Nigerian laws. It has been argued that the right to freedom of thought, conscience and religion entails the liberty of conscience accorded to the individual to have or adopt any religion or belief including the right to change one’s religion or belief as well as the freedom to manifest one’s religious belief in teaching, observance, practice and worship. The research work is predicated upon the problems arising out of the complexities involved with the tripartite issues of protecting the rights of the child to freedom of thought, conscience and religion on the one hand and the liberty of parents/guardians to secure the religious upbringing of their children as well as the obligation placed upon States in respecting this right. The main objective of this research work therefore, is to provide an appraisal on the right of the child to freedom of thought, conscience and religion under Nigerian Laws. It is contended that children should not be allowed absolute autonomy to decide for themselves on matters bordering freedom of thought, conscience and religion but such delicate decision should only be exercised through their parents/guardians who would provide directions as to the manner in which their child should exercise his/her right to freedom of thought, conscience and religion. It is therefore observed that Nigerian law recognizes the ultimate right of children to freedom of thought, conscience and religion and is to a large extent compatible with international norms and standards under the UN Human Rights system. It is further observed that the application of freedom of thought, conscience and religion in relation to children requires additional caution and a special consideration of the diverse structure of the Nigerian society. This is in view of the fact that the legal framework on child rights in Nigeria perpetuates only the application of western ideas on the adherents of all religions in Nigeria. It is thereby recommended that in view of the vulnerable state of their mind, children should not be allowed full liberty to take everlasting decision for themselves on matters pertaining to freedom of thought, conscience and religion and that despite the integration of the concept of autonomy into the concept of children’s rights, such autonomy must always be made subject to the overriding choice of parents. Any framework short of this would, in our view, be tantamount to enforcing absolute secularism and/or free thinking by the state on all children independent of the wishes of parents. Therefore, the study concludes with the firm recommendation that as Nigeria is comprised of both Muslims, Christians and adherents traditional African religions, a model law on the subject of freedom of thought, conscience and religion more particularly as it affects child protection must be one which takes into account the religious rights and interests of Nigerian citizens without spreading western ideas on adherents of all religions in Nigeria. It is therefore suggested that to curve the indiscreet secular element involved in the idea of autonomy and freedom of choice in religious matters granted to children independent of the wishes of parents, States in Nigeria that desires to enact into law the provisions of the CRA especially those states in northern Nigeria that applies the sharia, such states should cautiously revise and redraft the pro-western conception on child’s right to freedom of thought, conscience and religion in order that respect should be accorded to the religious rights and interests of parents and legal guardians to secure the religious upbringing of their children