Theses and Dissertations

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Theses and Dissertation (Faculty of Law)

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    Open Access
    A Critical Analysis of Death Penalty in Nigeria
    (2015-05-08) Olatunbosun, Ismaila Adeniyi
    This study analysed the practice of the death penalty in Nigeria, examined the underlying principle of retributive punishment for the offenders and assessed the administration of death sentence through the mode and manner of execution with a view evaluating the perception of the public and appraising the constitutionality of the death penalty in Nigeria. Primary data were collected through the analysis of the provisions of the Constitution, the Criminal Code, the Penal Code, the Criminal Procedure and other relevant statutes on death sentence. A comparative analysis of the Constitutional provisions relating to the application of death penalty in other jurisdictions such as the United Kingdom, the United States of America, Jamaica and some African countries was undertaken. Secondary data were extracted from published texts, academic journals, official publications of the Nigeria Police and, the Prisons. Unstructured interviews were also conducted with selective judicial officers and members of the public. The information obtained from the survey was subjected to content analysis. The findings revealed that the death penalty met some of the objectives of punishment namely; retribution and deterrence. For example, the age-long Mosaic Law of an eye for an eye and a tooth for a tooth further buttressed the proprietary of retaining death penalty in our legal system. The study established that within the framework of Nigerian constitutional provisions and existing provisions under the criminal law, death penalty remained constitutional and valid. The public view in support of this mode of punishment stated that it served as permanent form of depriving convicted criminals from committing further criminal acts of capital crimes and meant to uphold the sanctity of life which must be respected at all times and situations and that those who took lives of fellow citizens without legal excuse deserved not to live. On the other hand, the study showed that death penalty did not meet other objectives of punishment namely rehabilitation and educative. That strict compliance with Mosaic Law tilted towards vengeance rather than correction. The study highlighted constitutional provisions of some foreign countries and relevant laws that had made death penalty unconstitutional and invalid. The public view against death penalty is that it remained punitive, barbaric, inhuman, cruel and degrading as a form of punishment and that terminating the lives of such criminals could not bring back the lives of the victims of murder but rather constitute further acts of killings. To that extent, the school believed that death penalty should be abolished. The findings further identified legal implications likely to arise from the introduction of Sharia legal system on the future of death penalty with the emerging conflict of laws situation in the country. The study further revealed that the dependants and relations of the victims borne the trouble and hardships arising from the loss of their loved ones, and felt it would be most unfortunate and disgusting for the murderers walking freely on the streets while the victims had gone on a journey of no return. The study further suggested the use of the alternatives to death sentence, as complimentary forms of punishment. The study concluded that Nigerian society still needs the death penalty against the backdrop of incessant brutal killings, so rampant in the recent times, that the identified shortcomings in its operation need to be addressed in order to make it more functional; and that it is the trial system, rather than the punishment that is prone to errors.
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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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    A Critical Appraisal of the Legal Framework for the Protection of the Environment against Oil and Gas Pollution in Nigeria
    (2015-08-13) Emejuru, Chukwucheta ThankGod
    This study examined the history, development and legal framework for oil and gas exploration and exploitation. It also analysed the national legislation and international conventions on oil and gas pollution and evaluated the adequacy of the laws as they related to the oil and gas industry. This was with a view to formulating legal strategies for effective protection of the environment against the hazards of the operations of oil and gas companies in Nigeria. The study relied on primary and secondary sources of information. The primary sources included local legislation on the environment and regulations made there-under such as the Petroleum Act, the Petroleum (Drilling and Production) Regulations, 1969, the Oil and Gas Pipeline Regulations, 1995, Environmental Guidelines and Standards for the Petroleum Industry in Nigeria and International Conventions such as United Nations Convention on Civil Liability for Oil Pollution Damage, Convention on the Prevention of Marine Pollution by Dumping Wastes and other Matters. The secondary sources of information were books, journal articles and newspapers. Information obtained from these sources were subjected to content analysis. The results revealed that the oil and gas industry played a vital role in the economy of Nigeria, but that it’s exploratory and production effects still remained major problem for the country, particularly to the inhabitants of the oil producing communities. The most vital legislation — the Petroleum Act of 1969 and its regulations — Petroleum (Drilling and Production) Regulations of 1969 did not provide detailed environmental protection measures. For example, Regulation 25 provided that licensee or lessee shall adopt all practicable precautions including the provision of up-to-date equipment to prevent pollution. What amounted to up-to-date equipment remained vague as far as this provision was concerned. There were, however, other several statutory provisions for the regulation of activities such as Federal Environmental Protection Agency Act (FEPA), Environmental Impact Assessment Act (EIA), but still there was the need for a holistic legislation for the oil and gas industry, just like the Oil Pollution Act in America, which made detailed provisions for oil related environmental problems in terms of effective management and control of environmental impact of oil pollution. The result further showed that inadequate funding was a problem faced by the agency authorised to enforce the existing regulations. The result also showed policies articulated in international documents such as the Stockholm Declarations, the United Nations Conventions on the Law of the Seas, the Rio Declaration and Agenda 21 now form binding legal regimes providing appropriate muscle to encourage compliance. It was concluded that in spite of relevant legislation and international conventions, there was large scale environmental degradation resulting from the operations of oil and gas companies in Nigeria.
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    Duties of Directors and Controlling Shareholders in Relation to Share-Trading.
    (Obafemi Awolowo University, 1985) Barnes, Kiser Dave; Fabunmi, J. O.
    For nearly a score years the threatened or actual creation, allotment, and issue of company shares by its board of directors have provided the factual background for the leading cases on directors’ fiduciary duty to exercise management powers over shares for a proper corporate purpose. Akin to this matter are legal problems related to the exercise of share voting power by controlling shareholders ratifying directors’ improper issues of shares; and the use of those powers to alter the company’s articles of association in reference to shareholdings. Often in such matters, controlling shareholders breach their duty owed to the company to exercise their share-voting power bona fide in the interests of the company. Whether controlling shareholders act independently or collude with directors in these matters, the capacity of minority shareholders to enforce the duties owed by both organs is diminished by questionable standards of judicial review concerning the nature of the duties involved, and the scope of the division of powers between the board of directors and shareholders in general meeting.
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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
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    Legal Implications of Electronic Banking in Nigeria
    (2015-05-12) Orifowomo, Odunola Akinwale
    This study critically, examined the various components of electronic banking (e-banking) and their impact on the industry. It analysed the legal issues generated by electronic banking in Nigeria, the existing legal and institutional frameworks for the banking industry, and highlighted their inadequacy in meeting the challenges of electronic banking. It also developed an appropriate legal framework for e-banking in Nigeria The study relied on primary and secondary sources of information. Judicial decisions and legislation, including the Central Bank of Nigeria Act and the Banks and Other Financial Institutions Act, relating to the banking system constituted the primary sources. The secondary sources of information were journal articles, textbooks from local and foreign jurisdiction, and official documents from banking institutions. Information gathered from these sources was subjected to content analysis. The study revealed that the traditional conceptions of the relationship between the banker and the customer did not anticipate the evolution of the electronic banking system. This necessitated a shift in the delivery channels, using applicable information and communications technology (ICT) infrastructure, and a re-orientation in the parties. The shift had to do with the workings of the relationship between the parties, inter se, and with respect to third parties such as ICT service providers. The study further revealed the peculiar challenges engendered by e-banking and the inadequacies in existing institutional, regulatory and legal frameworks. First, the principal statutes regulating the banking system — the Central Bank of Nigeria Act and the Banks and Other Financial Institutions Act, were enacted before the advent of e-banking. Secondly, the "Guidelines on Electronic Banking in Nigeria 2003" are purely guidelines, rather than enforceable statutory provisions. Besides, the parties still relied mostly on "agreements", fashioned before the advent of e-banking, with provisions overly protective of the banker, against the customer. The customer, in the circumstances, appeared helpless. The study concluded that the relationship between the banker, the customer and the service providers required careful definition, and to ensure a true and proper harnessing of the capabilities of e-banking products and delivery channels, there is an imperative need to have in place, appropriate laws to regulate e-banking in Nigeria.
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    Legal Protection of the Consumer of Genetically Modified Products in Nigeria
    (2015-04-22) Fayokun, Kayode Olatunbosun
    The study examined the state of the Nigerian law on the protection of consumers of genetically modified products that are now appearing in the world market. It identified the legal issues relating to genetically modified organisms and products, and considered the consumer safety concerns they have generated. It also examined the adequacy of the existing product liability and consumer safety laws, and the challenges posed by inadequate legal protection regime in the face of emerging, untested "state of technology" products in the Nigerian market. This study employed the library research methodology. Information and materials were derived from primary and secondary sources. The primary sources are relevant legislation and case law in Nigeria and in foreign jurisdictions. Specifically, the study relied on product liability laws, consumer protection laws and biosafety regulations that are developing in recent times to contain the risks associated with genetically modified products. The study took an expository look into the Sale of Goods Laws, the Food and Drugs Act, the Standards Organization of Nigeria Act, the Consumer Protection Council Act, the National Agency for Food and Drug Administration and Control Act, the Advertising Practitioners (Registration etc.) Act, the Trade Malpractices (Miscellaneous Provisions) Act and other related local legislation. Journal articles, textbooks and reports of debates generated by Genetically Modified Organisms and techniques in international fora and the media constitute secondary sources of materials for this study. The study revealed that the production of foodstuffs has never in the history of the human family been subjected to change that has been as dramatic and far-reaching as the change wrought by genetic modification of crops. Most of the changes are difficult, if not impossible, for consumers to evaluate. The problem has been compounded, especially in Nigeria, by the lack of regulatory framework for genetically modified product safety and consumer protection. The study further revealed that GM food safety has drawn much public interests and scrutiny not only in respect of its commercial diffusion but also in respect of its acceptance as food aid. Concerns have resulted from the need to set policies and legal frameworks that balance economic growth and development considerations with concerns over safety and ethics. When the techniques for genetic modification first appeared in the mid-1970s, the concerns of scientists and the public resulted in the establishment of national oversight committees in some advanced countries. The study revealed on the other hand, that many developing countries including Nigeria have not designed mandatory safety guidelines for the protection of the consumer of genetically modified products. The study concluded that neither the current product liability regime nor the legislative and regulatory frameworks for consumer protection in Nigeria is adequate to contain the risks associated with GM products.