Faculty of Law

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Browsing Faculty of Law by Author "Ijalaye, D. A."

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    A Critical Analysis of the Stand-By Arrangements of the International Monetary Fund.
    (Obafemi Awolowo University, 1985) Ogan, Comban Adrien; Ijalaye, D. A.
    The controversy over the suitability or otherwise of IMF economic programmes to underdeveloped countries has been exacerbated by the unprecedented debt problems facing those countries from the 1970s onwards, with the attendant legal and socio-political consequences. Yet, the issues surrounding IMF economic policies have traditionally been left to economists, to the exclusion of lawyers, despite the important legal problems involved, and despite the emergence of international economic and monetary law as a special branch of general international law. The present thesis makes use of the methodology evolved by this relatively new discipline to inquire into one of the most ingenious developments in international economic activists of recent times: the IMF stand-by arrangement. As a financial mechanism, the stand-by arrangement originated from a Fund policy decision of October 1st, 1952 which achieved a long--standing U.S. dream of subjecting any beneficiary of IMF financial assistance to extensive socio-economic measures. These measures are globally known as Fund Conditionality. Contrary to the position so far defended by the 'gurus' of the IMF, stand-by arrangements are authentic international agreements. As such, they should be registered with the United Nations Secretariat, pursuant to Article 102 of the U.N. Charter, and only an international tribunal or court should determine conclusively. any question of interpretation arising from them. Furthermore, current attempts at dragging the African Development Bank and many African countries into the IMF trap should be resisted: IMF economic policies are inadequate for solving the fundamental problems besetting underdeveloped countries. Hence, on no account should Nigeria take the much decried but yet 'impending' IMF loan. Now more than ever is there need for the establishment of an African Monetary Fund - a step towards achieving continental monetary unity which is the only effective solution to some economic malpractices such as currency trafficking. Whether this is possible and when open questions remain, however; a century after it took place, the plague of the Berlin Conference still plays havoc on the destiny of the African Continent.
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    Law of Homicide in Nigeria.
    (Obafemi Awolowo University, 1985) Owoade, M. Adekunle; Ijalaye, D. A.
    The thesis analyses the ramifications of the laws relating to homicide under the Criminal and Penal Codes, and other relevant enactments in Nigeria. Owing to the origin of those Codes, particularly in their relationship with the English Common Law, comparative approach has been adopted in the study. Traditionally, the principles of criminal liability have, the main, evolved through cases of homicide. Inescapably, therefore, the thesis reflects on those germane principles, ably actus reus and mens rea which constitute the foundation criminal law, as they relate to the law of homicide. In addition, thesis demonstrates the scope of the basic general defences the particular reference and application to decisions arising from offences of homicide. An interesting aspect of the developments in the law of homicide is the recognition of the various categories of mens rea the determination of the degree of culpability in cases of icicle. This was so under the older systems of law and the position, is not radically different where objective views of heinousness or award of punishment are concerned. The culmination of the a foregoing, in present times, is to be able to distinguish the accompanying states of mind for the various types of offences of homicide or to see what excuses can exculpate or reduce culpability for a charge of unlawful homicide. The trend that runs throughout the discussion is the attempt to balance the interest of the society in protecting itself from dangerous acts, especially the sanctity of human life on the one hand, with the need to reasonably protect the accused by fair and humane rules of criminal trials and liability, on the other hand