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Decisions of the Supreme Court of Nigeria and the High Courts of Lagos, Eastern, Midwestern, Western, and Northern Nigeria.
This is a companion volume to The Law of Evidence in Nigeria (Aguada, 1974). It specifically reports Nigerian cases conducted under Nigerian jurisdiction and the principles of stare decisis in Nigerian jurisprudence, as opposed to cases under foreign jurisdiction, and therefore addresses a perceived imbalance in the documentation of decisions under Nigerian law of evidence as against foreign decisions. The work is organised under the following headings: preliminary matters; relevancy; proof; documents; production and effect of evidence; and witnesses. The author is a member of th Nigerian Court of Appeal and has written on many aspects of Nigerian law, particularly women's and human rights issues.
A full overview of administrative law in Nigeria is provided. Amongst topics covered are: scope, distinguishing administrative from constitutional law, the particularities of the Nigerian situation, the rule of law, separation of powers, delegated legislation, executive control, administrative adjudication, judicial control or review of administrative actions, understanding the concept of fair hearing, ex-parte applications, prerogative remedies, certiorari, case method approach of determining bodies, acting judicially and administratively, common law remedies, injunctions, declaration, local government under the 1999 Constitution, the National Assembly, and the State Houses of Assembly. The authors are lecturers at the Faculty of Law, Kogi State University, Ayangba, Kogi State, Nigeria and barristers and solicitors of the Supreme Court of Nigeria.
Public law
The legal protection of intellectual property in Nigeria is the focus of this book. Its nine chapters dwell on copyright trademarks, patents, industrial designs and the legal protection of intellectual property in Nigeria. An overview is given of the law relating to the subject in order to facilitate a solid grounding in the law as a starting point from which various political, theoretical or other perspectives can be developed. There is substantial reliance on the relevant Nigerian statutes on copyright, trademarks, patents and industrial designs as contained in the Laws of the Federation 2004, and also on the reported cases decided in this area by Nigerian courts over the years. References are also given to the case and statutory laws in some other jurisdictions, especially where Nigerian legislative enactments need a reform. It is straightforward and comprehensive, intended as a basis both for undergraduates and for postgraduate courses, in addition to being useful to teachers, lawyers, judges, magistrates and accessible for general readership.
This is the third edition of an established and leading book on family law in Nigeria. Since the last edition in 1990 significant judicial and statutory enactments have taken place in the area of study. The new edition incorporates these changes and explains their implications. The chapters have been comprehensively re-written to reflect the changes in the law and to update all relevant information including the Same Sex Bill and the Nigerian Law Reform Commissions draft Marriage Act. New chapters have been included on domestic violence and widowhood respectively to reflect the continuing developments in Nigerian family law. The new Child's Right Act of 2003 and the similar state legislations have been analysed in the three new chapters. The non-customary law rules in the intestate succession have been extensively recast to reflect the provisions of the Marriage act as contained in the Lawa of the Federation of Nigeria 2004. This edition has devoted considerable attention to the applicable customary laws on the family and provides extensive treatment of Islamic Law Rules and their interpretations and application by the superior court. Familu law in Nigeria presents a fresh view not only on the applicable rules on Nigerian family law but also suggest new directions and underlines the socio-economic implications.
The majority of decisions are from the Supreme Court of Nigeria.
Private law.
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.