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 […]