Kwara State University Journals
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CONFLICT ON THE CHOICE OF MARRIAGE AND THE EFFECTS ON THE DISTRIBUTION OF A DECEASED ESTATE IN NIGERIA AND SOUTH AFRICA
Get PDFThe delusion of the superiority of the English law over the Nigerian customary laws, with the belief that indigenous legal systems are uncivilized, primitive and inferior, are false. A nation’s legal system cannot be divorced from its social realities, norms, values and religions. Thus, it is unethical by way of legislation to force the values and faith of a nation on another. The problem of conflict of choice of marriage stems from the mindset that the English marriage system is superior to customary mode of marriage and succession in Nigeria. The need for legal reforms of indigenous legal system should not be borne out of a feeling of inferiority but a need to balance competing social interest on the scale of equity, non-discrimination and fairness. This paper adopts a doctrinal approach in analyzing rising conflicts in Nigerian legal pluralism in the choice of marriage and its effect on the distribution of a deceased estate who died intestate and the approach of the court in resolving such conflict by first determining the status of parties under a marriage system and the actual legal regime that should regulate their affairs, including intestate succession. This study compares the South African Marriage regime with that of Nigeria and seeks to draw lesson points which can aid Nigerian Courts in resolving rising conflicts.
THE TAX REFORM BILL AND THE NIGERIA REVENUE SERVICE: NEEDS, NECESSITY AND NATIONAL INTEREST
Get PDFOn October 3, 2024, the President of the Federal Republic of Nigeria, Bola Ahmed Tinubu, transmitted to the National Assembly, the Tax Reform Bill for consideration. The Tax Reform Bill comprising Nigerian Tax Bill (NTB) 2024; the Nigerian Tax Administration Bill (NTAB) 2024; the Nigeria Revenue service Establishment Bill (NRSEB) 2024, and the Joint Reserve Board Establishment Bill (JRBEB) 2024 seeks to consolidate multiple Tax laws in Nigeria into a single Act, thereby promoting efficient tax administration. The Nigeria Tax Bill vests upon the Nigeria Revenue Service powers to collect all national taxes, including royalties which is being collected by the Nigerian upstream Petroleum Regulatory Commission (NUPRC) and excise duties, import VAT etc. which is being collected by Nigeria Customs Service. This paper examined the need, necessity and the national interest of the bill, the prospects and the pitfalls of a single tax net for Nigeria. This paper finds that the imperfect nature of our current tax administration has made this reform not only a need but a necessity to promote National interest. This paper noted that there are surmountable challenges no doubt, but the payoff outweighs the challenges. This paper employs a doctrinal method of legal research which involves desk and library research. among others a strategic public awareness of the importance of the bill and massive investment in technology to actualize the lofty objective of the bill.
PERSONAL DATA PROTECTION IN ISLAMIC FINTECH ECOSYSTEM: TOWARDS A SHARĪʿAH-GOVERNED PRIVACY FRAMEWORK
Get PDFThis paper examined the ethical and legal imperatives of personal data protection within the context of Islamic fintech, proposing a Sharīʿah-governed privacy framework as a normative response to the digital challenges of the contemporary Islamic financial ecosystem. The paper was premised on the observation that, while Islamic fintech platforms have advanced in providing Sharīʿah-compliant financial products, their data governance practices often lacked a correspondingly rigorous Islamic ethical foundation. Using doctrinal analysis and conceptual clarification, the paper explored foundational Sharīʿah principles of amānah (trust), ḥuqūq al-ʿibād (rights of individuals), maṣlaḥah (public interest), and ḍarar (harm) to assert that personal data constitutes a moral and legal trust whose misuse is a violation of both divine and societal obligations. The paper identified major risks in current Islamic fintech practices, including unauthorised access, algorithmic profiling, unethical monetisation, and limited Sharīʿah oversight in digital operations. It further demonstrated that these risks could not be fully addressed by conventional data protection frameworks such as the General Data Protection Regulations and Nigerian Data Protection Regulations, as these often lacked the theological and ethical depth intrinsic to Sharīʿah. In response, the paper proposed a comprehensive Sharīʿah-compliant data governance model incorporating Digital Sharīʿah Supervisory Boards, Ethical Impact Assessments, and the application of Islamic legal maxims within platform policies. The framework also emphasized user empowerment and cross-jurisdictional harmonisation grounded in Islamic legal epistemology. This paper contributed to the development of an ethically sound, spiritually coherent, and operationally practical model of data protection. It concluded that effective personal data governance in Islamic fintech was not only a technical necessity, but a Sharīʿah obligation aimed at preserving human dignity, justice, and trust in the digital ag
EXAMINATION OF THE COLLABORATIVE ROLE OF THE COURT AND THE POLICE IN THE PROTECTION OF SUSPECTS STATUTORY AND CONSTITUTIONAL RIGHTS
Get PDFSuspect is someone who is accused or suspected of committing a crime. Every suspect is presumed to be innocent and also enjoy certain basic rights that are inalienable as well as undeniable. These rights are Constitutional and Statutory. All suspects enjoy right to life, dignity of human person, right to freedom of movement, and association, right to be informed of the offence, right to consult a legal practitioner and right to be granted bail or be taken to Court in good time. The Police has the Constitutional power to investigate crime while the Court adjudicate on all matters. In the course of investigation, there could be lawful arrest, search, detention, restriction of movement and prosecution. The process of the investigation should comply with the extant laws. Life of a suspect cannot be taken without court order. The pervasive problems are in the inhuman treatment, degradation, unlawful arrest, over detention, torture and physical abuse of suspect in custody which are clear violation of the suspect rights. This work adopted the doctrinal method of data collection which is basically a desk and library research. This work find out that Police Act 2020 and Administration of Criminal Justice Act 2015 and other laws, brought about robust reforms that gave hope and ensured that suspects rights are guided and protected through fairness, justice, speedy dispensation of cases and award of damages, disciplinary action, cum punitive measures for all erring Police officers The court served as a monitor to all violators of the right of a suspec
EXPLORING CONSIDERABLE FACTORS TOWARDS CHOOSING A GOOD RESEARCHABLE LEGAL TOPIC
Get PDFChoosing a researchable topic is an inevitable point of call for any intending researcher. It is the foundation that dictates the trends throughout the study. However, the process of choosing a good researchable topic is herculean. This is because an intending researcher cannot afford to undergo certain systematic laid-down procedures. This has made most upcoming academic researchers run away from research activities. Against this backdrop, this paper examines the process of choosing a good researchable legal topic with sole reliance on the doctrinal method of legal research. The paper finds that a good research topic has certain characteristics such as being clear, straightforward, unambiguous and easily comprehensible; being tailored towards areas of interests and competencies of the researcher; not representing a moral, spiritual or esoteric situation etc. The paper finds further that factors for choosing a good researchable legal topic include FINE techniques and FRIENDS modes, amongst others. The paper reveals that generating ideas to choose a good researchable topic could be achieved vide attending viva, conferences, literature reviews, and brainstorming to mention but a few. The paper equally finds that certain tools could assist a researcher to achieve choosing a good researchable legal topic. These tools include selecting appropriate areas of research, replica study of the past related research, studying recommendations for future research etc. The paper finds also that the significance of choosing a good researchable legal topic is deeply rooted in its uniqueness and identity from the previous research in conformity with the rule against plagiarism. The paper finally finds that a good researchable legal topic is susceptible to changes, modifications and amendments depending on the developments and trends in the course of the research. The paper recommends constant and continuous engagement in research activities for the upcoming academic researchers to attain perfection.  
Proceedings of Workshop on Incessant Kidnappings and Killings in Nigeria: The Role of the Government vis-à-vis the Nigerian Constitution
Get PDFGlobally, debates on human rights protection and enforcement occupy utmost discourse. The reason being that, the very essence of protecting and guaranteeing human rights is to accord the natural and needed dignity to man. Of the inexhaustible list of fundamental human rights recognised universally, the right to life appears to be fulcrum and the most important of all. In fact, without right to life, all other fundamental rights become meaningless.
The growing and recurrent global debates are thus shifting attention towards the fact that protection of right to life is inadequate without enjoyment of basic amenities of life that come forth through the Economic, Social and Cultural Rights (ESCRs). Thus, despite the recognition of right to life the world over, the issue of incessant kidnappings and killings across the country has deprived one the enjoyment of the right to life and its amenities.
It is in the spirit of contributing to effective policy formulation and proffering solutions on the issue of insecurity that has plagued Nigeria as a country that the Department of Jurisprudence and Public Law, KWASU, organised a one-day workshop to create a platform to facilitate and harness robust solutions towards curbing insecurity in the country. Also, to enlighten the relevant security and government agencies saddled with the responsibility of protection of lives and properties on possible solution against recurrent kidnappings and killings across the country and general public at large
An Insight into Supplicatory Poems in the Arabic Poetry of Yoruba Provenance
Get PDFThis study examines the impact of Nigerian Arabic poetry on the literary landscape of Southwestern Nigeria, focusing on the integration of Arabic and Yoruba cultural elements. It centers on the supplicatory poetry of Shaykh Muhammad \u27al-Awwal Abdullah Ayinla, a renowned scholar and prolific writer. Supplicatory poems, known for their devotional nature, are significant in Islamic practices and offer a rich convergence of linguistic, cultural, and religious dimensions within Yoruba society. Shaykh Ayinla\u27s work illustrates this fusion, providing insight into the socio-cultural and spiritual landscape of the Yoruba community. Using a contextual approach, the study explores the intellectual background of the composer and analyses his supplicatory poetry entitled "\u27al-Istigātha wal-munājāh bi hurūf \u27al-Āyah \u27al-Karīmah", through the utilization of Quranic verses. Findings reveal that this poetic form not only enhances spiritual devotion among Yoruba Muslims but also strengthens their identity by merging Islamic beliefs with cultural heritage. The research further examines the role of such poetry in educational and religious settings, emphasizing its value in imparting spiritual and moral values. This study contributes to Nigerian literary scholarship by shedding light on the creativity and influence of Nigerian Arabic writers, particularly in the development of Arabic scholarship
DEROGATION FROM THE TENETS OF CONSTITUTIONALISM AND RULE OF LAW: THE BANE OF POLITICAL AND ELECTORAL GROWTH IN SUB-SAHARA AFRICA
Get PDFPolitics and elections across the globe are propagated and guided by the principles of constitutionalism and the rule of law. This paper interrogates the derogation from constitutionalism and the rule of law in participatory democracy in Nigeria and sub-Sahara Africa. The constitution of the Federal Republic of Nigeria 1999 (as amended), Electoral Act 2022 (as amended), International Laws and treaties and legal instruments constitute the legal framework for politics and elections in Nigeria. This paper found that these laws and instruments are not strictly adhered to by the political actors in Nigeria and sub-Sahara African countries. The doctrinal research methodology was adopted in carrying out this research. It is concluded that the derogation from the laws and rules guiding politics and elections in Nigeria and sub-Sahara Africa has orchestrated bad governance, protracted election litigations and this has made politics uninteresting as it has heralded mediocrity in governance and adversely affected national growth and development. It is suggested that sanctions should be imposed on the persons responsible for the flaws in politics and elections in Nigeria; that the judiciary should rise up to the challenges and uphold the sanctity of the rule of law and constitutionalism; international and non-governmental organizations should wake up to the challenges and effectively re-double their efforts towards monitoring and observing elections; direct primaries, independent candidacy and electronic voting system should be entrenched in the Electoral Act  
AN APPRAISAL OF COMPARATIVE ANALYSIS OF (GHARAR UNCERTAINTY, RISK, DECEIT, AND SPECULATIVE) IN TRANSACTION UNDER ISLAMIC LAW AND COMMON LAW
Get PDFThis paper presents a comparative analysis of the concepts of Gharar (uncertainty, risk, deceit, and speculation) in Islamic Law and Common Law. Gharar, a fundamental concept in Islamic finance, is examined in its various dimensions to understand how it is translated and interpreted within the frameworks of both legal systems. The study explores the origins and definitions of Gharar in Islamic jurisprudence, focusing on its implications for financial transactions and contracts. It also delves into the principles of risk and uncertainty in Common Law, highlighting the differences and similarities in their treatment and regulation. The analysis reveals that while both legal systems aim to ensure fairness and transparency in economic activities, their approaches to managing uncertainty and risk differ significantly. Islamic Law emphasizes the prohibition of excessive uncertainty and deceit to promote ethical financial practices, whereas Common Law tends to accept a certain level of risk and speculation as inherent to market operations. The study also addresses how these differences impact the enforceability and interpretation of contracts, with Islamic Law prioritizing the prevention of unjust enrichment and exploitation, and Common Law focusing on balancing interests and economic efficiency. By comparing Gharar with the principles of risk and deceit in Common Law, this paper sheds light on the underlying philosophical and practical distinctions between the two legal systems. The findings underscore the importance of contextual and cultural factors in shaping legal norms and highlight the potential for cross-jurisdictional learning and adaptation. This comparative analysis not only enhances the understanding of Gharar but also contributes to broader discussions on legal pluralism and the harmonization of international financial regulation