CHAPTER ONE INTRODUCTION 1.0 HISTORICAL DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW “Humanitarian law is a branch of public international law which owes its inspiration to a feeling for humanity and which is centred on the protection of the individual” This quotation from a work by Mr. Jean Pictet defines the scope of this law, the purpose […]

CHAPTER ONE GENERAL INTRODUCTION Background of Study. This thesis entitled “Tortious Liability of Medical Practitioners in Nigeria: An Appraisal seeks to examine critically, the civil (tortuous) liability of health care providers such as, doctors, dentists, pharmacists, laboratory technologists and technicians, radiologists and radiographers, anesthetists, ward attendants, hospitals etc. In order to do this, the tortious […]

CHAPTER ONE INTRODUCTION 1.0. BACKGROUND Armed conflicts with devastating effects have been part of mankind since time immemorial and thesedays, there are easily accessible light weapons and even more destructive weapons, leaving a large number of the wounded, maimed and dead in their wake. Children all over the world constitute the largest and most powerless […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Background to the Study The international political climate is currently fraught with unresolved inter-state and intra-state disputes that emanate often from mere suspicion, mistrust, political and economic rivalry as well as competition over territory. Disputes, if not carefully monitored and resolved peacefully, they may, (as they have) lead to armed […]

CHAPTER ONE:  1. INTRODUCTION Islamic Jurisprodence has provided us with certain principles recorgnized by the Qur’an and Sunnah to interpret the law in a changing society Qiyas in one of this principles it is based on this that this research will discuss the meaning, types, development, usage and importance of qiyas by consulting the Qur’an, […]

CHAPTER 1  INTRODUCTION 1.1 Background The challenges of growth and development have necessitated various economic experiments in Nigeria since independence. Development plans and a nationalistic indigenous approach were apparent in the first twenty– five years. Failure to meet fair and just expectations, given the potentials and resources of this country, has allowed a large room […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Background to the Study The term ―recognition‖ implies a process whereby a person or an entity admits to the existence or the being of another person, entity or state of affairs. The Chambers Twentieth Century Dictionary defines the concept as a sign, token or indication of acknowledgment of a thing […]

CHAPTER ONE GENERAL INTRODUCTION  1.1. Background of the Study A company is “a union or association of persons for carrying on a commercial or industrial enterprise.” Burke defines company as: “An association of persons formed for the purpose of some business or undertaking carried on in the name of the association, each member having the […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 INTRODUCTION Judgment, simply put, means a Courts final determination of a case which normally includes a decree and any order from which an appeal lies . However, the foreign judgment (reciprocal enforcement) Act Cap F35 broadly defines judgment to mean “judgment or order given or made by a Court in […]

  CHAPTER ONE INTRODUCTION The history of human kind right from antiquity testified that, conflict or rather armed conflict between individuals, families, tribes and nations has been part of the nature of human persons. Policy of force was encouraged by disinclination of state of Europe during the dark ages through the Middle Ages, to consider […]

  GENERAL INTRODUCTION 1.0. Background of the Research Crisis in the Nigerian banking industry has become a common phenomenon. It predates the country‟s independence. Nigeria began experiencing crisis in its banking industry in late 1940s and early 1950s during which period 25 banks failed. The country again witnessed another phase of bank failures between 1994 […]

  CHAPTER ONE GENERAL INTRODUCTION 1.1. Background of the Study The study examines the Legal Framework for Mergers and Acquisitions in Nigerian Banking Industry and how Mergers and Acquisition affect the performance of the Banking Industry in Nigeria. It also seeks to ascertain the improvements which ISA 2007 has made on the old law contained […]

CHAPTER ONE: GENERAL INTRODUCTION  1.1. Background of the Study In the discourse of security in Nigeria, Okorie, Jega, Salawu, Onyishi, Ezeoha, and Lewis have identified several causes of security crisis in Nigeria that pose grave consequences to national development. Chief among them is ethno-religious conflicts that have claimed many lives in Nigeria. By ethno-religious it […]

CHAPTER ONE 1.0 GENERAL INTRODUCTION 1.1 BACKGROUND OF THE STUDY Law has over time helped in reconstructing societies and determining the framework within which a society and its people must work to ensure harmony, peace and reduction in conflict of interest. Roscoe Pound opines that to reduce the conflict of interest the society must adopt […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Background of Study Within the modern regime of international law a branch has evolved referred to as law of armed conflict popularly known as International Humanitarian Law (IHL). International Humanitarian Law is found in the Four Geneva Conventions of 1949. Out of the 195 independent sovereign states in the world, […]

CHAPTER ONE GENERAL INTRODUCTION  1.1 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 […]

CHAPTER ONE INTRODUCTION 1.1. Background of the Research Formerly, traditional means of settling disputes have been a common occurrence in Nigeria. Before the advent of colonial administration in the late 19th century, parties were represented by persons skilled in oratory prowess, who could argue and who possessed the persuasive power of argument. The most serious […]

CHAPTER ONE 1.0 GENERAL INTRODUCTION 1.1 INTRODUCTION Business men and women, the world over, are continually entering into agreements. It is therefore necessary to know which law should be applied to govern these agreements, because every international contract must be governed by a particular law, if not it is no longer a contract which the […]

CHAPTER ONE INTRODUCTION Immunization remains one of the most important public health interventions and a cost effective strategy to reduce both the morbidity and mortality associated with infectious diseases. An estimated three million deaths are prevented through immunization each year worldwide.1 . In spite of this measures, vaccine preventable diseases remain the most common cause […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Introduction There can be no society without law (ubi societa ibi jus):- there are rules that are designed to guide behaviour and decisions of individuals either oral (tradition) or written such as constitution, parliamentary bills, legislative orders, executive ( executive ) orders court decisions etc, are intended to regulate and […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Background of the Study The history of international law is a chronicle of attempts by members of the international community to establish a framework that would prevent the scourge of war, effectively resolve international disputes and promote mutual respect for the integrity of states. With the failure of the League […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Introduction A contract of sale of land is the first stage in a conveyancing transaction by which the purchase acquires equitable interest on the property and legal interest in acquired later at the completion stage. Unfortunately, this important stage in conveyancing is usually ignored by Nigerians. The parties must have […]

CHAPTER ONE GENERAL INTRODUCTION  1.1 Background to the Study The childhood years have been identified as the most vulnerable years of one’s life, as the child1to a very large extent depends on its parents or guardians for survival. Any omission or commission on the part of the parents or guardian can make or mar the […]

  CHAPTER ONE INTRODUCTION 1.1 GENERAL BACKGROUND OF THE STUDY Over the ages, man has always lived together and interacted in one form or the other with one another. These interactions have become more complex and sophisticated with the evolution of modern societies and organizations. The competing demand for scarce resources and self-actualization which sometimes […]

CHAPTER ONE GENERAL INTRODUCTION 1.1. Background of the Study The debate about the justiciability of economic and social rights in Nigeria is an old and well-worn one. The appraisal of the arguments against making socio- economic rights justiciable and the analysis of jurisprudence determine that concerns about the justiciability of economic and social rights are […]

CHAPTER ONE INTRODUCTION 1.1 Background to the Study The capacity and ability to think critically, logically and analytically as well as generate novel ideas are among the legacies a university education bequeaths on its recipientsafter graduation. The purpose therefore for attaining university education is to produce creative and original thinkers who can contribute meaningfully to […]

  CHAPTER ONE  INTRODUCTION 1.1 Background of the Study Across all sectors of the economy, workers are sometimes, if not often involved in industrial accidents. Such accidents range from minor to fatal leading to the loss of life and limb. Industrial accidents are traceable to the period of Industrial Revolution which was the transition to […]

CHAPTER ONE GENERAL INTRODUCTION  1.1 Background of the Study During the twentieth century, the human race experienced two world wars. These wars left humanity with some horrifying experiences. Thus, before the expiration of the Second World War, Winston Churchill the former Prime Minister of Britain and Franklin Delano Roosevelt, the former President of the United […]

CHAPTER ONE 1.1 GENERAL BACKGROUND There are some obstacles and impediments which prevent an inheritor to benefit from the assets left by his/her deceased relation. Broadly, there are four cases consisting of the obstacles, bar or impediment to inheritance, they include Homicide (Qatl), difference of religion, Apostasy (Riddah), and Slavery. Some jurists, however, includes difference […]

CHAPTER ONE: GENERAL INTRODUCTION This study sets out to critically appraise the rule of law with special emphasis on the doctrine of non est factum and its applications under the Nigerian Law of Contract. This is with a view to examining its benefits as a check on dishonest contract agreements, abuses by fraudulent parties and […]

CHAPTER ONE INTRODUCTION BACKGROUND TO THE STUDY A great number of laws that make up the Nigerian body of laws emanates from treaties. Consequently in Nigeria, treaties do not automatically have force of law or becomes applicable and enforceable unless enacted into law by the National Assembly. Hence, Section 12(1) of the Constitution provides as […]

CHAPTER ONE 1.0 GENERAL INTRODUCTION 1.1 Background to the Study Nigeria, like many other countries of the world usually undertake legal and judicial reforms as efforts geared towards their overall development programs. The reason for this is also quite obvious. Nigeria finds herself in a situation where her judiciary advance inconsistent case law and carry […]

  CHAPTER ONE GENERAL INTRODUCTION 1.1. Background of the Study Disputes, in their various guises, are an inevitable part of human interaction. No society exists of which there have never been differences. Indeed, conflicts among human beings are as old as life itself and will always exist. Certainly, the things that can ignite or fuel […]

CHAPTER 1 GENERAL INTRODUCTION 1.1 BACKGROUND OF THE STUDY The Freedom of Information Act (or the “FoI Act”) is Nigeria‟s major legislative response to redress the balance of official secrecy, elitism and non-accountable government. It guarantees a “Right to Know” or a right of access to records and informationin the custody of public institutions in […]

CHAPTER ONE: GENERAL INTRODUCTION 1.1. Background of the Study Crime may be defined as an act, default or conduct prejudicial to the community, the commission of which by law renders the person responsible liable to punishment by fine or imprisonment in a special proceeding. Crime can also be viewed as an act or omission which […]

CHAPTER ONE GENERAL INTRODUCTION 2.0 Introduction In most countries, it has been accepted that democracy is the only system of government that seeks to protect individual liberty and guarantee the fundamental rights of all. The pursuit of these rights is however not absolute as there exist state institutions like the police whose mandate is to […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Background to the Study Men and Women are entitled to the full protection of their rights because they are human beings. At its most basic level, “human rights” are safeguarded prerogative granted because a person is alive. This means that all human beings have rights by virtue of human species […]

CHAPTER ONE GENERAL INTRODUCTION  1.1. Background to the study From remote antiquity, tax as a fiscal instrument of regulation and control is a ―necessary evil‖ that societies have been compelled to stay with. At the time of Jesus Christ, there was an established tax system that led the people to ask him if he approved […]

CHAPTER ONE GENERAL INTRODUCTION  1.1 Introduction It will be wrong for anyone to consider the divergent views of Muslim jurists (both early and present) on issues or matters as mere academic exercise. Differing is inevitable among mankind because of individual natural differences regarding thinking, understanding, power of assimilation, intellect, etc. Thus, differences and contradictions are […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Background to the Study An investor is a person who puts money into financial schemes, shares, or property with the expectation of making a profit. An investor is someone who commits capital in order to gain financial returns or a person who commits money to investment products with the expectation […]

CHAPTER ONE GENERAL INTRODUCTION  1.1 Background to the Study Before a country considers how best to administer its tax system it must first possesses a clear picture of its tax system. The quality and quantity of resources required by tax administrations are to a large extent determined by the type of tax system which it […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Background to the Study This work sought to carry out “an evaluation of operation of non-interest banking under the existing legal framework in Nigeria.” This is in the light of the Guidelines issued by Central Bank of Nigeria (CBN) on banking operation under the Principles of Islamic Commercial Jurisprudence and […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Background to the Study Since the aftermath of the 9/11 attacks in New York and Washingtonin 2001, there has been an increase in both the frequency of terrorist attacks around the world and the counter measures employed by states to combat terrorism. But some of these counter measures employed have […]

CHAPTER ONE  GENERAL INTODUCTION 1.1 BACKGROUND OF THE STUDY The right to freedom of thought, conscience and religion is one of the fundamental freedoms that has gained recognition in the International Bill of Rights and this freedom has also been recognized and/or given effect to in the Nigerian domestic laws inclusive of the Nigerian Constitution […]

CHAPTER ONE GENERAL INTRODUCTION  1.1 Background to the Study Trade union means any combination of workers or employers, whether temporary or permanent the purpose of which is to regulate the terms and conditions of employment of workers . Trade Unionism has been an indispensable factor in ensuring and guaranteeing stability and industrial harmony between the […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Introduction The Corporate Affairs Commission hereinafter referred to as “the Commission” or CAC for short, is one of the major regulatory bodies of companies in Nigeria. The body is a creation that came into being by virtue of the Companies and Allied Matters Act (hereinafter referred to as CAMA) Cap […]

CHAPTER ONE  GENERAL INTRODUCTION 1.1 INTRODUCTION Elections generally are guided by statutory provisions. Not only must the body to take charge of the conduct of the election be established by law, the regulation of the conduct of the election inter alia the registration of voters, the procedure at an election and act that constitute electoral […]

CHAPTER ONE INTRODUCTION 1.1 Background of the Research The general frameworks within which human rights are protected in Nigeria include the rights of a child which are in Chapter IV of the 1999 CFRN. The Rights to fair hearing and the right to life, the rights to personal liberty and the right to freedom of […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Background to the Problem A global trend has emerged aimed at reducing government‘s involvement in the economy. This global trend came about through the process of privatisation or both privatisation and commercialisation of government owned enterprises. In Nigeria, as part of its programmes of National Economic Reforms, the Federal Government […]

CHAPTER ONE 1.1 Background of the Study Genocide as an experience of human behavior throughout history is old, but our concern and understanding about it are relatively new. Humans have probably been committing genocide since the beginning of our species. Killing in mass and committing crimes against other human groups is not new to human […]

Chapter One: General Introduction 1.1 Historical Background In modern times, the legal framework for environmental protection during armed conflict i.e. environmental law of warfare, is broadly divided into Principles of Customary International Humanitarian Law of warfare and the treaty provisions of international humanitarian law. The evolution of environmental law of war dates back to period […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Background of the Study Islam regards all human beings as people from one family and of the same mother (Hauwa’u) and father (Adam) who should be accorded due respect and be given all the necessaries of life which Allah provides for them. All human beings are by nature equal before […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Introduction As social organization developed from a predominantly agricultural to a predominantly technological and urban system, as the relations of men became more and more intimate, the greater was the need, the need of Law. A basic force at work here is change which necessarily has its effects upon the […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Background of the Study The first forty years after the Nuremberg Trial was a period of slow progress in developing international criminal law. There is no doubt that international criminal law has developed as a distinct field of study in recent years. Indeed if international criminal law is defined as […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Background of the Study The first forty years after the Nuremberg Trial was a period of slow progress in developing international criminal law. There is no doubt that international criminal law has developed as a distinct field of study in recent years. Indeed if international criminal law is defined as […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Introduction There is a universal righteous indignation against crimes as constituting a clog in the wheels of peace, security and progress of society. Consequently, the fight against international crimeshave over the years become a subject of concern amongst sovereign states.This is more particularly because these sovereigns dearly desire to develop […]

CHAPTER ONE  GENERAL INTRODUCTION 1.1 Background of the Study The concept and practice of economic integration between or among states has an old history. By literature available to the researcher, it dates back long before the period of the Berlin Conference in 1884, when African nations thrived on cooperation and community life to resolve challenges […]

    CHAPTER ONE GENERAL INTRODUCTION 1.1 INTRODUCTION In Nigeria, as well as other jurisdictions, for example, United States of America, United Kingdom, France, Germany, Ghana, South Africa, East Africa, just to mention but a few, there are many laws that are applicable to various subject matters or business. For example, we have criminal law, […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Introduction The concept of Domicile had its evolution from the 13th Century Italy as a result of the teachings and commentaries of a group of jurists known as the Post-glossators. The Post-glossators were distinguished jurists attached to the Law schools of Bologna, Padua, Peruggia and Pavia in Italy. Pre-eminent amongst […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 BACKGROUND TO THE RESEARCH There are certain key decisions that people who are being prosecuted have to make: one of the most important decisions is to plead guilty. It is „plea bargain‟ when the accused pleads guilty in return for an offer by the prosecution or when the sitting judge […]

INTRODUCTION 1.1 Background to the Study The Legal atmosphere in any given society affects business operation. Business strives well when business legislation are well defined and aimed at creating a favourable environment for business to thrive. These pieces of legislation will further national goals, stimulating the economy, conserving foreign exchange, enhancing competition among business entities, […]

CHAPTER ONE  GENERAL INTRODUCTION 1.1 Introduction The results of population pressure, urbanization and socio-economic growth have great social and economic impact on land issues in Nigeria. This therefore makes people to move from rural to urban areas and therefore, congested urban areas are in need for expansion but land is too scarce.2 Hence, to acquire […]

CHAPTER ONE 1.0 GENERAL INTRODUCTION 1.1 Background to the Study As the fear of the holocaust of a world war due to ideological differences subsides; as the cold war which has now and again brought the world to the brink of annihilation through nuclear weapons enters into a welcome détente, the world has found itself […]

CHAPTER ONE  GENERAL INTRODUCTION 1.1. Background to the Study The Federal Republic of Nigeria is endowed with abundant mineral resources and hydrocarbons. There is no state of the federation that does not have one natural resource or the other. Here is a table of the mineral resources available in different states of the federation: Abuja […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Introduction When a company is incorporated, it acquires legal personality and it becomes a separate legal entity different from the members of the company. However, since the company is an artificial person, it can only act and function through natural persons. These persons may be members in general meeting or […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Background to the Study It is not exaggeration that despite the effort of National Agency for the Prohibition of Trafficking in Persons (NAPTIP) and other bodies like the International Labour Organization (ILO) , there are still cases and reports of women and child trafficking in Nigeria. There are occasions where […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Introduction The International community continues to experience human suffering on a scale unparalleled in human history despite all efforts made at international, regional and sub-regional levels. This stems primarily from some complex and often prolonged conflicts which initiatives to address the peace, security and stability challenges by the United Nations […]

CHAPTER ONE 1.1 BACKGROUND INFORMATION Nigeria operates a federal system of government under which system each tier of government has its legislative competence or functions conferred on it as the case may be. It is significant to note that Federalism in Nigeria dates back to 1954 when the country which had hitherto been administered as […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 Background to the Study The Petroleum Industry is currently the largest industry in Nigeria and the major generator of Gross Domestic Product (GDP) in the country which accounts for 80% contribution to the Nigerian economy. Nigeria‟s budget in a fiscal year is largely sourced from the Petroleum Industry. Oil was […]

CHAPTER ONE 1.0 GENERAL INTRODUCTION 1.1 Background to the Study The Study falls under English and Islamic family law, which is the basis of a tranquil mutual existence in a society. Islamic law is defined as the code of law derived from the Quran and the teachings of Prophet Muhammad SAW .On the other hand, […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 INTRODUCTION The right to freedom of thought, conscience and religion is probably the most precious of all human rights, and the imperative need today is to make it a reality for every single individual regardless of the religion or belief that he professes, regardless of his status, and regardless of […]

CHAPTER ONE GENERAL INTRODUCTION 1.1 BACKGROUND OF THE STUDY A wise saying has it that, no man is an island, hence human interaction becomes necessary. The dynamic nature of this social interaction being what is occasionally brings about disputes or disagreements. To mend these disputes or disagreements, civilized societies in a bid to make life […]

ABSTRACT The study examined the role of Human Rights institutions in the country in addressing the problem of child abuse.The objective of this study is causes, types and effects of child abuse on the child, the family and the nation.  The work is meant to draw closer attention on this increasing scourge and access measures […]

CHAPTER ONE INTRODUCTION 1.1       BACKGROUND OF THE STUDY There is no gainsaying the fact that the famous doctrine or principle of separation of powers is as old as man, what we are saying in essence is that, separation of powers has been in existence since man came to the society. It is apposite to state […]

CHAPTER ONE GENERAL INTRODUCTION   1.1          Background to the Study The topic of this research is “Legal framework for the resolution of aviation dispute.” Aviation is basically a transnational and border-crossing phenomenon, without which globalization (the flow of people and goods and the mixing of cultures) would have been difficult and the awareness that […]

CHAPTER ONE INTRODUCTION 1.1     Background of Study The idea of environmental justice has been a central concern for academics in a range of disciplines, and both the concept and its coverage have expanded substantially in the past two decades. Clearly, the discourse of environmental justice has been broadening and expanding in scope far beyond its […]

CHAPTER ONE 1.0       GENERAL INTRODUCTION 1.1        Background to the Study Fundamental Rights are rights derived from natural or fundamental or constitutional law[1]. They are rights which remain in the realm of domestic law, which are recognized, entrenched and guaranteed in the constitution of a country or any other legal instrument such as the […]

CHAPTER ONE GENERAL INTRODUCTION 1.1       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 […]