THE SIGNIFICANCE OF INJUNCTIONS IN THE DISPENSATION OF JUSTICE IN NIGERIA

THE SIGNIFICANCE OF INJUNCTIONS IN THE DISPENSATION OF JUSTICE IN NIGERIA

Abstract

The topic of this research is „THE SINIFICANCE OF INJUNCTIONS IN THE DISPENSATIN OF JUSTICE IN NIGERIA‟. Injunctions are court orders prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury. Injunctions are ordinarily and properly elicited from proceedings in courts. The main feature of injunction is the maintenance of the res or status quo that is the subject matter of the dispute or litigation. The problem treated in this research work arose from the literatures reviewed and the practical experience of the writer in the area of the research. The legal requirements and procedure for applying for the grant of the equitable remedy of injunction are so difficult to be met by an applicant for the injunctive order, requirements such as the need that an applicant must prove that he has a legal right to be protected over the subject matter he is seeking injunction for. This research work critically looked at this problem with the view to proffering solutions to them. This research work aimed at identifying the significance of the equitable remedies of interim and interlocutory injunctions in justice dispensation in Nigeria. Furthermore, the objectives this research work set out to achieve includes; critical discussion and analysis of interim and interlocutory injunctions. The methodology employed in this research work is mainly doctrinal. It has been conducted mostly in the library through the use of both primary and secondary sources of law. It has been observed that there exist a fundamental contradiction or legal conflict between the constitutional doctrine of Audi altera patem rule for the fair hearing of all the parties before the court decide on a matter on the one part and the rules of courts and the various High court Rules which specifically provide and empower the courts to hear one party, consider and grant or refuse the application where the court is faced with an application for interim injunction. It is recommended that the two legal principles be allowed to subsist as each one is important for the determination of the case.

CHAPTER ONE/GENERAL INTRODUCTION

Background of the study 

The process of instituting an action in court in order to redress a wrong takes considerable time. Owing to the peculiar state of affairs in Nigeria, calling the court into action to determine the respective rights of parties consumes considerable time with possible harm to the subject matter of the suit. The subject matter in law is commonly referred to as the “res”. The res, in deserving circumstances would need to be preserved from waste, destruction or dissipation by any of the parties.

The history of injunction could be traced to the later part of the 16th century when quarrel between common and Chancery over the power of the Chancery to issue injunction in the cases before it became manifest1. Justice Coke was the Chief Judge of the Common Law Counts while Lord Ellesmere was the Lord Chancellor in Chancery. Chancery‟s jurisdiction was challenged by Justice Coke, notably its power to grant common injunction restraining the enforcement of judgment decided by the Common law courts. Justice Coke threatened to issue a writ of prohibition against Chancery‟s interference with judgments/decisions of the Common law courts by its issuance of common injunction2.

Nevertheless, Lord Ellesmere of the Chancery division pronounced that Chancery had the power to grant common injunction against the judgments of the Common law courts that were oppressive or without conscience. The conflict was settled in the case of Earl of Oxford which was decided in favour of the Chancery that it can give an injunction against the judgments of the Common law courts.

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Oct 07

ADMINISTRATION OF THE DEATH PENALTY IN THE CRIMINAL JUSTICE

ADMINISTRATION OF THE DEATH PENALTY IN THE CRIMINAL JUSTICE SYSTEM IN GOMBE STATE: AN APPRAISAL

ABSTRACT

The main aims and objectives of this desertion titled; “ ADMINISTRATION OF THE DEATH PENALTY IN THE CRIMINAL JUSTICE SYSTEM IN GOMBE STATE: AN APPRAISAL is to appraise, evaluate, estimate and review the level of efficacy of the application of the Death Penalty in Nigeria, whether the retention of this Penalty in our Criminal Justice System is effective or not? Presently the international community is moving towards total abolition of the Death Penalty for all crimes, the United Nations Resolution No 62/149 and 63/168 calling for moratorium of the use of the Death Penalty has been ratified by the Nigerian Government but is yet to be domesticated into its laws. Prisons records as at 10th November 2015 shows that Nigeria has about 1,669.00 convicts on Death Row cells, many of them have been convicted for more than 10 years. The legal technicalities involved coupled with the refusal of many State Governors to sign death warrants has made it difficult if not impossible to carry executions, therefore many death row inmates live in constant fear and agony for many years and serving a separate term of punishment not initially part of their original sentence. Prison records also shows 1from year 2000 to 2015 death row inmates rose from 435 in year 2000 to 1,669 inmates in December 2014, almost 383.6% increase, during this 15 years only 12 executions were carried on. Nigerian prisons cannot coup with this increase due to lack of adequate facilities to keep this inmates. Therefore this thesis aims at evaluating these problems and recommend solutions to it.

 

The thesis is divided into five chapters, the first chapter contains the main introduction, the reasons behind embarking on this research such as aims and objectives, justification, methodology, literature review, the scope of the research is focusing on Gombe State as a case study, with references to other North East States in order to get an accurate result that can be applicable to other states of the Federation.. The second chapter contain the concept of Criminal Justice System and its dimensions this include an overview of the legal frame work for the Criminal Justice System appraising the penalty under the Military regime, the Penal Code, the Criminal Procedure Code, The Criminal Procedure Act, the Sharia Penal Laws, the offences that attracts death penalty in Nigerian. Methods of execution and the role of other organs like Police, Attorney General, Prisons who are responsible for the administration of Criminal Justice System. In chapter 3 the researcher discussed the argument for or against the death penalty, presenting both arguments and Nigerian concern over the penalty and finally the general assessment of the two arguments. Chapter 4 is the empirical aspect of the thesis, where the researcher conducted a field research by visiting prisons, distributing questionnaires, conducting face to face interviews with the stake holders in the Administration of Criminal justice System in Nigeria to get real facts on the ground which can give accurate information on the application of death penalty.

 

Finally, chapter V contains the summary, observation and recommendation. The findings indicated that most of those who participated in the study are in favor of the application of Death Penalty. The finding also showed that Nigerian prisons are not fit to serve as rehabilitations centers, most if not all our prisons were built around 1960 or thereabout with little or no facilities to serves as prisons, also the findings revealed that inmates lives in constant fear of Death every day while awaiting their execution. in the opinion of human

right actives that constant fear amount to mental torture, ( anticipation of Death is worse than Death itself) the findings also indicated that many death row inmates favored the idea of introducing the concept paying blood money (Diya) than face death penalty (which is natural) all this and many other findings are contained in chapter five.

 

Finally the research recommended the retention of the application of Death Penalty in Nigeria, restructuring the Criminal Justice System, rehabilitate the Nigerian prisons, Government should facilitate speedy trials for capital offenders, and where possible introduce the concept of “Diyah” to save the life of the convict as “Diya” will also allow the victim‟s family to gets some compensations (financial benefits). Finally it is recommended that the Supreme Court must confirmed all the death sentences before execution can be carried on, this will go long way in reducing the miscarriage of justice, the fear, the mental torture this inmates are experiencing in prison for years.

TABLE OF CONTENTS
Title Page – – – – – – – – – – I
Declaration – – – – – – – – – – ii
Certification – – – – – – – – – iii
Dedication – – – – – – – – – – IV
Acknowledgment – – – – – – – – – v
Abstract – – – – – – – – – – VI
List of Abbreviations – – – – – – – – vii
List of Statutes – – – – – – – – – viii-
List of Cases – – – – – – – – – ix
Table of Contents – – – – – – – – – xii

CHAPTER ONE

GENERAL INTRODUCTION

1.1 General Introduction – – – – – – – 1
1.2 Statement of the Research Problem – – – – – – 6
1.3 Aim and Objectives of the Research – – – – – – 10
1.4 Scope of the Research – – – – – – – – 10

1.5 Significance of the Research – – – – – – – 11
1.6 Research Methodology – – – – – – – – 11
1.7 Literature Review – – – – – – – – 12
1.8 Organizational Layout – – – – – – – – 13
CHAPTER TWO

THE CONCEPT OF CRIMINAL JUSTICE AND ITS DIMENSIONS

2.1 Introduction – – – – – – – – 33
2.2 An overview of the legal frame of Criminal Justice System in Nigeria – 34
2.3. Death Penalty under Military Regime – – – – – 36

2.4 Death Penalty under the Criminal Administration of Criminal Justice Act 2015- 36-38
2.5 Death Penalty under the Penal Code and Criminal Procedure Code of the North -38-42
2.6 Death Penalty under the Criminal Code and the Criminal Procedure Act of the South —-
– – – – – – – – – – – 42-44
2.7 The Sharia based penal Laws – – – – – – 44 -49
2.7.1 Adultery or Zina – – – – – – – – 49 -50
2.7.2 Homosexuality (Liwat) – – – – – – – 50

2.7.3 Robbery (Hiraba) — – – – – – – 51
2.7.4 Apostasy (Ridda) – – – – – – – 51
2.7.5 Murder (Qatal) – – – – – – – – 52
2.8 Offences that attract death penalty under the Nigerian Criminal Law – – 53
2.8.1 Treason – – – – – – – – – 53
2.8.2 Armed Robbery – – – – – – – – 53
2.8.3 Instigating invasion of Nigeria – – – – – – 54
2.8.4 Giving false evidence leading to execution of innocent person – 54
2.8.5 Treachery – – – – – – – – 54
2.9 Methods used in executing convict in Nigeria – – – – – 57
2.9.1 Beheading – – – – – – – – 57
2.9.2 Electric chair – – – – – – – – 59
2.9.3 Gas chamber – – – – – – – – 59

2.10 Major Organs responsible with the Administration of Criminal Justice System in

Nigeria – – – – – – – – – 59
2.10.1 The Courts – – – – – – – – 60

2.10.2 The Nigerian Police – – – – – – – 62
2.10.3 The Attorney General – – – – – – – 63
2.10.4 Nigerian prisons – – – – – – – – 64
2.10.5 The Nigerian Bar Association – – – – – – 67
A) The Legal Aid Council – – – – – – – – 68
B) Human Right Commission – – – – – – – 68

CHAPTER THREE

ARGUMENT FOR AND ANGAINST THE APPLICATION OF DEATH PENALTY IN NIGERIA

3.1 Introduction – – – – – – – – – 69
3.2 The origin of the movement for the abolition of death penalty – – – 70
3.3 Nigerian concern over the abolition of death penalty – – – – 77
3.3.1 Argument of the proponents of death penalty – – – – 79
3.3.2 Argument of the opponents of death penalty – – – – – 83
3.4 An assessment of the two arguments for and against the application of death penalty –
– – – – – – – – – – 87

CHAPTER FOUR
4.1 Introduction – – – – – – – – 93
4.2 Method of data collection and analysis – – – – – 95
4.3 Summary of condemned convicts in Nigerian prison from year 2000 to Dec 2015 – 86
4.5 Data analysis – – – – – – – – – 101
4.6 Data analysis related to Judges, Lawyers and officers in the Administration of Criminal
Justice System — – – – – – – – 113
4.5 Conclusion – – – – – – – – – 122

CHAPTER FIVE

5.1 introduction – – – – – – – – 123
5.2 Summary – – – – – – – – – – 123
5.3 Findings – – – – – – – – – – 124
5.4 Recommendations – – – – – – – – 128 -132
Bibliography – – – – – – – – – – 134
Article – – – – – – – – – – 136
Report – – – – – – – – – – 137
Appendix – – – – – — – – – 138

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Jan 29

APPRAISAL OF LAND DISPUTE RESOLUTION UNDER YORUBA CUSTOMARY LAW

Background to the study

Land, probably the most important source of shelter and wealth in a developing country, can always be subject of a great many interests and derivative rights((Agara v. Agunbiade[2013] All FWLR pt. 683 p. 1899 at 1919 para. D)). These are often difficult to elucidate, and where land is subject to native customary tenure, it is always the subject of rights and interests vested in both the individual and group, and such rights and interests are frequently co-existent with each other.

The customary land tenure system is a form of land holding indigenous to Nigeria. The evolution of this system and the various principles regulating same, exhibit the historical credentials rooted in the customs and traditions of different ethno-cultural groupings in Nigeria over a period of time. Essentially, the principles regulating the customary land tenure system appears uniform throughout the country but the fact remains that they vary in their details as a result of diversities in the customs, traditions and values of each tribe.

Generally, ‘land’ is said to include any building and any other thing attached to the earth or permanently fastened to anything so attached, but does not include minerals.((Coker, G. B. A., 1958. Family Property among the Yorubas. London. Sweet and Maxwell, p. 26)) Actual physical control of native lands is vested in the families and only in the sense that it is an aggregate of the constituent family groups could the community or tribe be said to own the land.((Coker, ibid p. 24))

 

 

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Mar 18

AN APPRAISAL OF THE LEGAL FRAMEWORK FOR THE TAXATION OF COMPANIES INCOME IN NIGERIA

AN APPRAISAL OF THE LEGAL FRAMEWORK FOR THE TAXATION OF COMPANIES INCOME IN NIGERIA

ABSTRACT

The current wave of globalization and technological revolution has had a tremendous effect on companies‟ income tax in Nigeria. For instance, the e-commerce which is a relatively new technology epitomizes boundary, whereas the companies income tax law upholds the concepts of residence, fixed base and permanent establishment. Nigerian tax administration is ill-equipped to cope with these emerging tax problems. The old standard of corporation tax, the manual assessment and enforcement procedures cannot meet up with the fast- changing commercial activities of the companies. This consequently creates administrative ineptitude which to a large extent adversely affects revenue generation in Nigeria. There is therefore the need to probe into how the developments have affected our domestic Companies Income Tax Act. This thesisalso attempts to highlight grey areas in corporation tax system in Nigeria which affects revenue generation. Some of these areas of potential problems are: the problems of assessment and enforcement of corporate taxes, the negative effect of globalization on corporation taxes; the legality or otherwise of operating unincorporated treaties and Double Taxation Arrangement and finally the complication of enforcement and administration of corporation tax laws.This thesis entitled “An Appraisal of the Legal Framework For the Taxation of Companies Income in Nigeria” aims at critically examining the various laws and principles relating to the taxation of companies in Nigeria. Accordingly, the objectives of the study is with a view to measuring the adequacies or inadequacies of the said laws and principles, which if frontally addressed, their menace to corporate tax laws and consequently to revenue generation will be drastically reduced to the barest minimum. This research has adopted the doctrinal method which includes tax laws, various textbooks, treaties, case laws and articles drawn from relevant sources of this research topic. In the course of this research, it has been found amongst others that there are complexities in respect of the tax statutes, poor implementation and application of international corporate double taxation treaties in Nigeria, misinterpretation of corporate tax terms like “accruing in” “ brought in” or “derived from” and lack of enforcement skills in the assessment, collection of corporate taxes by tax administrators.The research concludes that unless there is a wholistic overhaul and/or introduction of a co-ordinated platform for the administration of corporate tax laws in Nigeria corporate revenue generation will continue to pose serious challenges in Nigeria.

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