Introduction
Documentary evidence is one of the important ways of providing the facts of a case in the court. It is evidence by way of document and it arises where a party informs himself by reading some permanent visible document as when we write a law report. Like all Nigerian Law Report, All English Law Report, etc. Section Continue reading Admissibility of documentary evidence under the Nigeria Law of Evidence
Background to the Study
Centuries before the development of technological and scientific advancements and the discovery of the intricate complexities of fertilization, early Man had struck upon the concept that the male discharge into the womb of the female was a fundamental prerequisite for conception. In other words, it had dawned upon them that isolating the male discharge from the female genitals would prevent Continue reading legitimacy or illegitimacy of family planning in the light of Islamic jurisprudence.
ARTIFICIAL INSEMINATION IN SHARIA’H AND THE POSITION OF A CHILD BORN UNDER IT IN FOCUS
ABSTRACT
The advancement in science and technology and the quest for children led to the development and invention of a new process of human procreation other than the natural way. These technological inventions (artificial insemination) have witnessed dramatic changes in the institution of family and parenthood and an abandonment of the historical emphasis on their bionormative structures which result in societal shifts with respect to public openness and technological innovations from sexuality and fertility. The resultant parenthood structures which depart from traditional spousal and parental models intensify the ability and need to determine legal parenthood in numerous unprecedented contexts. Artificial insemination is the process by which a woman is medically impregnated using sperm from her husband or from third party donor and produce a child; if Allah so wish. It is employed in cases of infertility or impotence, or as a means by which an unmarried woman may become pregnant. The procedure, which has been used since the 1940’s, involves injecting collected semen into the woman’s uterus and is performed under a physicians supervisions. This project will go very long way to explain and sensitize the Muslim umma on the issue of artificial insemination. Hence; this research among other things discussed therein; critically examines the legality or otherwise of the method in line with the provision of Islamic law, the causes and different forms of artificial insemination and the view of Shariah on the child born under it.
Continue reading ARTIFICIAL INSEMINATION IN SHARIA’H AND THE POSITION OF A CHILD BORN UNDER IT
AN APPRAISAL OF THE ADMISSIBILITY OF CHILD EVIDENCE IN NIGERIAN COURT
In our modern day legal and justice system, every piece of evidence, be it real or oral is of great use to the pursuit and furtherance of justice. This long essay therefore seeks to throw light on that aspect of the law of evidence with pertains to the evidence of a child in Nigerian courts. This long essay sets out to appraise the general workings of the process (es) involved in receiving the evidence of a child in our Nigerian courts. This essay shall also critically examine and analyze the procedure and conditions under which the evidence of a child shall be deemed admissible by the court. Chapter one of this essay mainly paves way and gives a background understanding of the concept of this study it is the very foundation upon which the body of this research shall test. Chapter two of this essay shall begin the work proper as it is aimed at providing an insight into the actual content and substance of the topic in issue. It will encompass concepts such as legal capacity of a child, the measure and weight of admissibility given by a child, to mention but a few. Chapter three shall go further to give reasons and meanings, also to disclose certain necessary ingredients relevant in the process of adducing evidence of a child. It shall touch on corroboration, the evidence of a child as corroboration for another and enquire into the need for corroborating a child’s evidence. Chapter four shall be the sealing chapter of the work, and it shall stress on competency of a child’s evidence in sexual offences as well as the criticism that follow and the admissibility of the evidence of a child in our courts. Chapter five shall serve the duty of summarizing the research findings, giving an acceptable conclusion and proposing suggestible recommendations as to the quantum and measure of the effect of the existing practice, and if any, state possible measures for improvement.
Continue reading APPRAISAL OF THE ADMISSIBILITY OF CHILD EVIDENCE IN NIGERIAN COURTS
Significance Justification of Study
Generally, it has been agreed legally that in any allegation of rape, the absence of ‘consent’ to sexual intercourse on the part of the victim is critical.[1]
However, lack of consent may result from either forcibly compulsion by the perpetrator or an incapacity to consent on the part of the victim. Continue reading Rape and need of consent in proof of the offense under the Nigerian criminal and penal laws
Background to the Study
An Area Court, being a court of 1st instance, is an integral part of the Federal Capital Territory Judiciary which bears the heavy weight of the tremendous burden of the administration of justice system, which also come into contact with the greater percentage of the citizenry, and to this, the idea of the citizenry as to the concept of justice and its image may very well depend on what e see, hear and perceive about it.
Prior to the arrival of the colonial masters, there had been the existence of what was called the “alkali court” mainly manned by a renown Islamic scholar, and was duly administered and controlled by the Emirs and Chiefs. In 1956, however, there was a law promulgated applicable to the whole Northern Nigeria known as Native Courts Law which conferred power on the Chief Justice of Northern Nigeria for the establishment of Native Court all over the then Northern Nigeria, and this continued until 1967 when Nigeria was splited into twelve states. The newly created states in the then Northern Nigeria adopted the same law with an amendment which culminated into the establishment of the present Area Court by virtue of the Area Court Edit of 1968.
In 1976, Nigeria was also splited by the creation of more states giving the total number of nineteen and Abuja was made as the capital of Nigeria. Originally, Abuja was carved out of then Kwara, Benue/Plateau and North Western States; however, Area Court was already established in those states and to that, the Court exists prior to the creation of the Federal Capital.
In 1990, there was a collation of laws among which was the Area Court Act[1], thereby gave the Chief Judge of the Federal Capital Territory Abuja to establish Area Courts by warrant under his hand.
In 2010, the Act[2] was repealed and re-enacted by the National Assembly which was signed into law by His Excellency President Goodluck Ebele Azikwe Jonathan (GCFR), and this is the law that is currently in operation. The court was established for the purpose of achieving justice easily, speedily and cheaply, that is with less cost of litigation, however these tenets or principles of achieving justice waned away due to the practice adopted by the judges and the system, and this made the court to face too much criticism arising out of bribery and corruption, embezzlement, incompetency on the Continue reading Assessing the challenges of area courts in the administration of justice