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This book, which relies on primary and secondary printed sources and a series of interviews with affected persons, lawyers, judges, and customary court presidents in Nigeria, focuses on the place of due process in the Nigerian legal system. Uwakah is concerned about the abuse of this important fundamental right in his country. The purpose of the book is to examine how due process operates in Nigeria and whether the coexistence of the customary law, the English common law, the Moslem law, and the martial law systems in Nigeria hinders or enhances due process in the country. Finally, the study investigates the suitability of the British version of due process to Nigeria, since the concept is imported to the country. The book concludes that the British version of due process is unsuitable to Nigeria because the country's political, economic, social, and religious backgrounds substantially differ from those of Britain. This conclusion is premised on the consensus of the interviewees. Uwakah recommends the country's immediate transition from military to civilian rule.
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.
This book, The Nigerian Law of Evidence, is inspired by the author’s lecture notes on the subject at School of Law, Department of Common Law, Kwara State College of Arabic and Islamic Legal Studies, where he taught for nearly a decade before moving on to the Department of Public Law, University of Ilorin, Ilorin, Nigeria, since 2001. In addition to being a basic text, current and most recently decided cases relating to the subject are cited and particularly the innovation introduced into the amended Act 2011 Cap E14 Laws of Federal Republic of Nigeria. A highly recommended book for law students, law teachers, legal practitioners, judges and magistrates.
The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.
This is basic text which offers a comprehensive approach to the consideration of environmental protection law and practice. Essential concepts and issues in Environmental science, including global warming caused by greenhouse effect, negative and positive feedback, the Gala hypothesis, the Chaos theory, environmental economics principles of cost-benefit analysis, tradable permits, and other topics, have been explained in such detailed but straightforward manner for the law student, law lecturer, legal practitioner and even the general reader, who may otherwise feel unfamiliar with some of these scientific subjects critical to appreciating the law in the area, to comprehend quite easily. Of tremendous benefit of the legal practitioner, researchers and judges, this book also examines a lot of cases of environmental protection both in Nigeria and foreign jurisdictions, such as the United Kingdom, United States, India, the Philippines, and a host of other countries mostly within the common law tradition. The intention is to give life to the cold principles of environmental protection law by examining the cases in which environmental legal principles have been applied. It is hoped that environmental law students, law lecturers, legal practitioners and policymakers should find this book indispensible, and judges, too, in their adjudication of technical environmental matters.
Modern Nigerian Constitutional Law: Practices, Principles and Precedents has fifteen chapters covers not only the traditional core topics in constitutional law, but also the generally neglected ones. In chapter one, the author examines some basic issues in Nigerian constitutional law, and in chapter two the supremacy of the Constitution is examined. Also examined in this book are federalism, local government, fundamental rights, the fundamental rights enforcement procedure, the legislature, the executive, the judiciary, elections, INEC, and political parties. Although primarily intended as a textbook for students, the practitioner and the judge will find it refreshingly rewarding.
This book, Judicial Approach to Interpretation of Constitution: A Study of Nigeria, Australia, Canada and India, is the outcome of a doctoral study of the judicial interpretation of the constitutions in selected Commonwealth jurisdictions, and a survey of the theories of constitutional interpretation and adjudication, the rules applied by the courts in the interpretation of the provisions of the constitutions, and determined the extent to which the existing approaches to the interpretation of the constitution have hindered the development of constitutional jurisprudence in those countries. In all, the statutes and constitutions are expressed in English language and some words are prone to distortions, thereby requiring the need for the courts to discover the intention of the legislators when interpreting such statutes and constitutions. It is further observed that the theories and rules of interpretation currently adopted by the courts are conflicting, and this is partly due to vagueness and also that in many cases, where a rule appears to support a particular interpretation, there is another rule, often of equal status, which can be invoked in favour of an interpretation which could lead to different result. The general conclusion is that the existing approaches to constitutional interpretation are somewhat inefficient and inadequate to enable the courts to effectively discover the intention of the legislators, and therefore the courts should be allowed to examine all relevant parliamentary documents and debates.
The fourth edition of Constitutional and Administrative Law: Text with Materials provides a wealth of essential materials drawn from a wide range of sources and integrated with lively commentary. It enables students to gain a full understanding of public law by explaining the context of its historical development and current political climate.
First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.