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This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. As a result of increased international business transactions, trade, and investment with Nigeria, such cross-border issues are more prevalent than ever. The book provides an overview of the relevant body of Nigerian law, with comparative perspectives from other legal systems. Drawing on over five hundred Nigerian cases, relevant statutes, and academic commentaries, this book examines jurisdiction in interstate and international disputes, choice of law, the enforcement of foreign judgments and international arbitral awards, domestic remedies affecting foreign proceedings, and international judicial assistance in the service of legal processes and taking of evidence. Academics, researchers, and students, as well as judges, arbitrators, practitioners, and legislators alike will find Private International Law in Nigeria an instructive and practical guide.
Volume 1 on public law provides an introduction to the Nigerian legal system. The various chapters deal with: introduction and sources of law; jurisprudence and Nigerian perspectives; African customary law; Islamic law; comparative constitutionalism and Nigerian perspectives; citizenship, immigration and administrative law; judicial system and legal profession; criminal law, evidence and civil procedure; statutory marriage and divorce laws; customary marriage and divorce; marriage and divorce under Islamic law; matters of children; gender and law in Nigeria with emphasis on Islamic law. Volume 2 has 25 chapters on private law that includes security of the environment and environmental law, land and property administration, commercial business and trade laws, communication, media and press laws, transportation and carrier laws, law enforcement, armed forces and military laws, investments, and intellectual property.
The author is both a practitioner within the Nigerian legal system and is a lecturer in law. From these two perspectives, he provides a full introduction to the Nigerian legal system. Amongst topics covered are branches and institutes of the system, functions, classifications, sources, English law, doctrines of equity, statutes in England and those extended to Nigeria, Nigerian legislation, judicial precedent, hierarchy of Courts, customary law, application of State decisions in Customary and Sharia Law, conflicts between English and Customary Law. Also covered are applicable law between the different provenances, conflicts between Islamic and Customary Law, types of Courts in Nigeria and their jurisdiction, and legal aid. Essential documents are provided: Protocol to the African Charter on Human & People's Rights of Women in Africa; Universal Declaration of Human Rights; and African Charter on Human and People's Rights. A valuable explanation is given of words and maxims used in the Nigerian legal system, and an index. Olong Adefi is a barrister and solicitor of the Supreme Court of Nigeria; and lecturer at the Faculty of Law at Kogi State University where he teaches administrative law, commercial law, land law, legal research method, human rights and the Nigerian legal system.
Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.
The basic objective of this book is to explore the possibilities of reform in Muslim Personal Law and Hindu Personal Law from women rights perspective. It is a long, complex discourse. But the key factor in the whole discourse is gender . The issue of Uniform Civil Code (UCC ) is being hugely politicized and communalized by communal forces in the name of religion. But the endeavour here is to see the whole issue objectively through the lens of gender equality.
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
This book highlights in a most condensed form judicial pronouncements by the superior courts of records as they relate to practice and procedures in civil litigation in Nigeria. Judicial pronouncements on civil aspects of the law in Nigeria are on the increase, rendering brief-writing more challenging, if not herculean, in the absence of a resource guide for the citation of authorities and knowing which changes have taken place in the law. For lawyers not to be taken by surprise in courts when issues relating to practice and procedures are raised without notice, makes the need to have a resource book that should serve as a quick guide the more compelling. This book is thus intended to be a reference guide.