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A JURISPRUDENTIAL EXAMINATION OF THE DEFENCE OF PROVOCATION UNDER THE NIGERIAN CRIMINAL JUSTICE SYSTEM
Get PDFBy the nature of human beings, they are capable of losing power of self-control when they are enraged. Nigerian law recognizes the potential for diminished capacity due to provocation for a person who is alleged to have committed a crime. This is because justice appreciates the need to inquire into the degree of culpability of the accused in the events leading to the crime. The aim of this work is to examine the provisions of Sections 283, 284, 285 and 318 of the Criminal Code applicable in Southern Nigeria and Sections 265 and 266 of the Penal Code Law applicable in the Northern States of Nigeria and attitude of the courts when the defence is raised by the defence. The study adopted doctrinal methodology and placed reliance on statutes, decided cases, journals, textbooks and internet sources. This study found that the defence of provocation under the Nigerian law will only mitigate the punishment for the offence of murder (or culpable homicide punishable with death in the northern part of Nigeria), but will not attract an acquittal; and that the test of provocation is inadequate. The study recommends that when the defence is raised by the defendant, the court should give significant weight to the defendant’s state of life prior to the commission of the alleged offence in awarding punishment.
Keywords: Conviction, Crime, Mitigation, Provocation, Punishmen
A JUXTAPOSITION OF QUR’AN 4 VS 34 VIS-A-VIS THE SCOURGE OF DOMESTIC VIOLENCE IN NIGERIA
Get PDFDomestic violence is a global scourge that transcends geographical boundaries, occurring in every corners of the world. It manifests in various forms, including physical, sexual, psychological, and economical abuse, and its impact reverberates through families, communities, and societies at large. Despite strides and efforts from both religious and secular sectors in awareness and advocacy on domestic violence, it remains alarmingly prevalent in Nigeria, affecting the well-being and safety of countless individuals, particularly women and children, who are disproportionately affected by its repercussions. Dishearteningly, it is particularly concerning that Islam, a religion that preaches peace, has been linked to the perpetration of domestic violence, often due to the misinterpretation of Qur’an 4 vs 34 which centers on marital discipline. This paper addresses this common misunderstanding, as it apparently contradicts the legislative rationale behind the locutions of Allah. Employing a doctrinal and qualitative methodology, this paper undertakes an in-depth interpretation and application of this verse, shedding light on its theological meaning and implications. It explores the provisions of the Qur’an that unequivocally shun and condemn domestic violence while equally upholding and maintaining the sanctity and sacrosanctity of family ties, prescribing and emphasizing mutual respect, kindness, and compassion among spouses. Ultimately, this paper contributes to ongoing efforts to combat domestic violence and promote peace and justice in society
A COMPARATIVE ANALYSIS OF COPYRIGHT LAWS: NIGERIAN COPYRIGHT ACT COMPARED WITH THE UNITED STATES, INDIA, AND THE UNITED KINGDOM, WITH A FOCUS ON THE FILM INDUSTRY
Get PDFThe need for the protection of the film industries has never been more pressing. In Nigeria, the laws regulating and safeguarding the rights of filmmakers have been criticized over the years for being backward and inadequate in protecting their rights and those of creative in general. However, with the advent of the new Copyright Act of 2022, there is hope that Nigeria may have an improved set of laws aimed at ensuring the protection of creators, especially filmmakers. Nevertheless, some may argue that the Act still lacks compared to other countries with strong copyright laws that adequately protect their film sectors, such as the United States, the United Kingdom, and India. By comparing the copyright laws of these three jurisdictions to that of Nigeria, this research paper aims to determine if the new Copyright Act is on par with those of its more advanced counterparts and, if not, how the Nigerian Copyright Act can be further improved. This paper delves into the legal protection of films in Nigeria, the United States, the United Kingdom, and India, aiming to illustrate the differences and similarities in their laws by examining specific issues concerning the protection of films, such as originality, bestowed rights, moral rights, performers\u27 rights, and authorship and ownership. The objective is to ascertain whether the Nigerian Copyright Act adequately safeguards filmmakers in the country.
Keywords: Copyright Law, Film Industry, Audiovisual Works, Moral Rights, Comparative Analysis, Authorship
Audit Committee Independence and Voluntary Disclosure: Evidence from Listed Manufacturing Companies in Nigeria
Get PDFThis study investigated the influence of audit independence on voluntary disclosure of listed manufacturing companies in Nigeria from the period of 2015-2019. Purposive sampling technique was used to include all the thirty-three (33) manufacturingcompanies (both Industrial and Consumer Goods) listed on the Nigerian Stock Exchange. Information was generated using content analysis of annual reports. A disclosure check list consisting of fifty items was developed based on relevant previousstudies and Nigeria Code of Corporate Governance (NCCG)’s principles. Static panel data (Pooled OLS, panel Fixed Effect Model, panel Random Effect Model), correlation matrix and descriptive statistics were employed in the estimation. The estimation of the static panel model shows that audit committee independence has positive impact on the level of voluntary information disclosed. It was concluded that the level of companies’ voluntary disclosure of information is hinged on the extent of dependence of its audit committee. The study recommended the need for functional and independent audit committee, which will aid in minimizing agency and monitoring costs. In order to ensure the independence of audit committee, the chairman of the board of directors or managing director or chief executive officer nor any of the executive directors should be memberof audit committee that there is need for functional and independent audit committee
Servant Leadership as a Catalyst for National Development: Principles, Problems and Prospects
Get PDFAbstractThis paper examines the role of servant leadership as a catalyst for national development in Nigeria, highlighting its principles, challenges, and potential. It argues that the persistent issues of poverty, insecurity, and underdevelopment in Nigeria are largely attributed to ineffective leadership. The author advocates for servant leadership—characterised by empathy, listening, and community building—as a transformative approach that can address these challenges. By situating servant leadership within the context of Fountain University, the paper illustrates its practical application and the positive outcomes achieved under the administration of the current Vice Chancellor, Prof. Olayinka Ramota Karim. Additionally, the author draws parallels with historical Islamic leadership principles, emphasising that effective leadership must prioritize the well-being of the populace. The conclusion calls for a collective commitment to adopting servant leadership principles at all levels of governance to foster sustainable national development.KeywordsServant leadership, national development, Nigeria, leadership principles, Islamic leadership principle
Social Media Coverage of Climate Change Issues
No full textAbstract The phenomenon of climate change is fast gaining attention among the peoples of the world, especially now that Covid-19 has been described by World Health Organisation as having no threat. Several nations and governments are taking actions and making plans to mitigate the effects of this phenomenon or see how they can circumvent the various ways climate change affects their people, particularly that the deadline of Sustainable Development Goals target draws near in 2030 and having environment at the heart of Goal 15. At different times, there had been discussions at governmental, organizational and group levels. At the individual level, the discussion is also common even among people with little or no familiarity, particularly on the social media. This study sought to know how Twitter, now X, a major social networking site, has been advancing the climate change discussion. A content analysis of trends of discussion on topics bordering on climate change on X was undertaken to examine how trendy these topics are. The period of January to June 2022 was chosen as the duration. It was found that X was used very heavily to spread information about climate change and that majority of the tweets centred on its effects on people around the world
THE LEGALITY OF THE PRACTICE OF HIRE-PURCHASE TRANSACTIONS: PROBING THE COMMON AND ISLAMIC LAW PERSPECTIVES
Get PDFThis paper examined the legality of the practice of hire-purchase transactions, probing the perspectives of both common law and Islamic law. The hire-purchase system widely utilized method of acquiring goods through installment payments has become a common practice in various legal systems. This paper adopted doctrinal methodology with the historical and analytical approaches through the use of primary and secondary sources as contained in published and unpublished materials. The paper reveals that the practice of hire-purchase under Islamic Law is not without exceptions. The paper further juxtaposed the common law and Islamic law perspectives and recommended among other the practice of hire-purchase by the Islamic Communities.
Keywords: Hire-Purchase, Legality, Common Law, Islamic Law and Transaction
ISSUES IN MEDICAL CONFIDENTIALITY AND PROTECTION OF PUBLIC INTEREST IN MEDICAL PRACTICE: CASE STUDY OF COVID 19 PATIENTS
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Medical confidentiality and disclosure of information in the public interest in medical practice is always a difficult situation to manage by all medical practitioners. Hence, there is need for explicit and clear understanding of it within the context of the existing legal framework for medical practice. The paper examines legal and ethical issues of medical confidentiality as it affects medical practice and the protection of public interest in Nigeria, particularly in doctor – patient relationship. It discusses conceptual analysis of medical confidentiality in medical practice. It examines the issue of doctor – patient relationship(DPR) and how the relationship protects medical confidentiality. The study thereafter analyses the types of public interest that exists in medical practice and the protection of public interest, with cases of situations where conflict exists between the public interest and medical confidentiality especially as it relates to COVID 19 patients. The study concludes that in case of conflict between the public interest and the medical confidentiality, the former shall prevail within context of the existing rules and legal framework in medical practice.
Keywords: Medical confidentiality, Doctors, Patients, Issues, COVID19, Medical Practice and Public interest
THE CONDUCT AND REGULATION OF JIHĀD UNDER ISLAMIC INTERNATIONAL LAW
Get PDFThe event of September 11 attracted wide condemnation of jihād, with some seeing it as the source that gave right to Muslims to engage in terrorism. The Orientalist views of jihād tend to be dominant in the West that portrays the system as violent, intolerant, barbaric and backward. Islamic law, has, however contributed immensely to the laws of war, by introducing rules and procedure in the event of war which today can be found in the Humanitarian laws and the Geneva Conventions. This doctrine called as-Siyar forms the back bone of the doctrine of the Islamic law of war. Using doctrinal legal research methodology combined with historical and analytical techniques, this paper highlighted the concept of jihād and its classes under Islamic International law, clarified the misconception surrounding jihād as ‘holy war’ and examined the concept of as-Siyar, the use of force and its limitations in the conduct of military form of jihād. It concluded with a key finding that peace is the normative rule regarding the relations between Muslims and non-Muslims, while the use of force in the form of military form of jihād is only an exception.
Keywords: Jihād, Siyar, Qitāl, Islamic International La
Barriers to Health Care Utilisation among Women in Rural Communities in Nigeria
Get PDFDespite the fact that access to healthcare services is a prerequisite to good health, rural residents faces variety of barriers in accessing healthcare, due to inadequate health care facilities in the rural areas. However, lack of functional healthcare facility remains the public health concern and this has been one of the factors responsible for high rate maternal mortality which is preventable if the facility is accessible for pregnant women for both ante-natal and post-natal attendance. This study examined the barriers women faced in utilising healthcare facilities. Methodologically, the authors made use of secondary sources of data where relevant empirical literatures were reviewed to assess the barriers in utilization of healthcare facilities in rural areas. The study revealed that many of the healthcare centers, apart from lacking adequate medical personnel, also lack essential drugs and consumables. It was concluded that, to enhance utilization of healthcare services, there must be capacity building and empowerment of people within the community through orientation, mobilization and women empowerment. The study recommended that easy accessibility to healthcare centers by women in rural communities requires strong political will and commitment of the government at all levels