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Wednesday, August 30, 2017

AN APPRAISAL OF THE ROLE OF CORPORATE AFFAIRS COMMISSION AS A REGULATORY BODY UNDER NIGERIAN COMPANY LAW

Price: 4000 Naira

ABSTRACT

The importance of an effective regulatory body in a growing economy cannot be overemphasized. Hence the need for the Corporate Affairs Commission to function as such is a sine-qua-non to the provision of good legal principles that must be adhered to and effectively enforced in corporate governance. This research work, therefore covers the historical development of the Company and Allied Matter Act, its roles/functions and how it enforces the provisions of the Act. It also proffers suggestions to some challenges been faced by the Corporate Affairs Commission and re-commendations that would make them more potent as a regulatory authority.

CHAPTER ONE
GENERAL INTRODUCTION
1.1 Introduction The Corporate Affairs Commission hereinafter referred to as “the Commission” or CAC for short, is one of the major regulatory bodies of companies in Nigeria. The body is a creation that came into being by virtue of the Companies and Allied Matters Act (hereinafter referred to as CAMA) Cap 50, Laws of the Federation of Nigeria, now Cap C20 of the Laws of the Federation, 2004.
Principally, the Commission is one of the innovations of CAMA that gives the Commission the responsibility of incorporation of companies, registration of Business Names, Incorporation of Trustee of certain committees, bodies, associations and other regulations. CAMA also introduced Corporate audit Committee, insider trading, codified the duties of directors, the fundamental principles emanated in the rules of Fossal Foss V Harbottle, the rule in Royal British Bank V Turguard.
Before the advent of CAC, the Companies Act of 1968 was the Act that regulated the activities of companies in Nigeria. The present CAMA was borne out of draft documents prepared by the Nigerian Law Reform Commission in an effort to reform and improve on the Companies Act of 1968, which could no longer address the various challenges associated with the regulation and supervision of Companies in Nigeria.
In the pre-oil boom era of the Nigerian Economy (1970-1979), the then company legislation was severally criticized. “…One of the major criticism of the Act is that, it is little more than the putting together of some Sections of the repealed Companies Act Cap 37 and some Sections of the U.K Companies Act 1948, instead of taking the bold step of codifying both the statutory and case law on companies…”1 The preparation of such a code would have provided the opportunity for reviewing and modifying some of the more inconvenient common law rules.
In its Report on the reform of Nigeria Company Law 1988, the Nigerian Law Reform Commission commentary on the above inadequacy and some others observed that “with paucity of Nigerian cases on Company Law and the present heavy cost of obtaining English Law reports and textbooks, that difficulty in finding the law in this country can be well imagined…”2
As a result of these numerous problems in our company laws as hitherto mentioned, the Nigerian Law Reform Commission was set up among other reasons “to evolve a comprehensive body of Legal Principles and Rules governing Companies and suitable for the circumstances of the country. These rules was to facilitate business activities in the country and protect the interest of the investors, the public and of the nation as a whole”3

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AN APPRAISAL OF THE REQUIREMENTS OF PROOF IN THE HEARING AND DETERMINATION OF ELECTION PETITION IN NIGERIA

Price: 4000 Naira

ABSTRACT

Election petition is the only viable and recognized alternative open to any person or party dissatisfied with the conduct of an election under our laws to ventilate his or her grievance(s). Over the years litigants/petitioners have continued to patronize the election petition tribunals/courts with minimal or no success as most of the petitions ended up being thrown out for noncompliance with the applicable electoral legislation or want of proof. What provoked this research was the need for an appraisal of the requirement of proof in the hearing and determination of election petition with a view to unearthing why it is a near impossibility to prove election petition anchored on some grounds. This research adopts a doctrinal method. Relevant legislations, textbook, literature and particularly case laws are explored for a good understanding of the requirements of proof under the Electoral Act, 2010 as amended. Although there is an attempt by the Electoral Act 2010 as amended to address the issue of time frame for hearing and determination of petition, it failed to address the age long agitation of technicalities in the dispensation of electoral justice. The requirements that noncompliance must not only be substantial but must substantially affect the result of the election and sundry other requirements of proof appear to be a clog in the proof of election petition. It is advocated that electoral umpire and judges should uphold substantial justice over and above technicalities. The requirement of proof of noncompliance should be made optional and a mid-course approach should be adopted in proof of corrupt practices instead of proof beyond reasonable doubt as currently practiced. The thesis contains more revelations and startling recommendations.

CHAPTER ONE GENERAL INTRODUCTION 1.1 INTRODUCTION Elections generally are guided by statutory provisions. Not only must the body to take charge of the conduct of the election be established by law, the regulation of the conduct of the election inter alia the registration of voters, the procedure at an election and act that constitute electoral offences as well as determination of election petition arising from election must be matters for which specific provisions are made. Section 153 of the Constitution of the Federal Republic of Nigeria, 1999 as amended establishes the Independent National Electoral Commission (INEC) while the Electoral Act 2010 as amended, in the main, regulates the conduct of Federal, States and Federal Capital Territory Area Council Elections. Generally, a law to regulate conduct of election must anticipate complaints arising thereof and institutions for investigation and determination of the complaints. The final determination of any complaint arising from an election closes the election process. It is in this latter aspect that this research intends to focus. It is interesting to note that the procedure for questioning an election is clearly stated in section 133 (1) of the Electoral Act1, herein reproduce thus: No election and return at an election under this Act shall be questioned in any manner other than by petition complaining of an undue election or undue return {in this Act referred to as an “Election Petition”} presented to the competent tribunal or court in accordance with the provisions of the constitution or of this Act and in which the person elected or joined as a party.

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AN APPRAISAL OF THE PROTECTION OF THE RIGHTS OF A CHILD IN NIGER STATE

Price: 6000 Naira

ABSTRACT

There are various legislations under the Nigerian legal system that seeks to protect the rights of the child. Majorly, the 1999 Constitution of the Federal Republic of Nigeria provided for human rights, Nigerian Children’s Trust Fund Act, Penal Code, Criminal Code, Children and Young Persons Act, Child Rights Act, which all have provisions for the protection of a child. The guiding principle on the issue of child protection is in the best interest of the child, the Child Rights Act 2003 and Niger State Child Rights Law 2010 affirmed this principle and provided various rights for the child and the mechanism for the enforcement of these rights. However, despite the existence of these various law that provided for the protection of the rights of a child, the children’s rights are been abused on daily basis, therefore, the dissertation appraised the protection of the rights of a child in Niger State by considering the Niger State Child Rights Law, and other related legislations. The Doctrinal and Empirical research methodology were used to source for information relied upon for this dissertation. It is the findings of this dissertation that there are inconsistencies in Niger State Child Rights Law 2010, and lack of commitment on the part of government to adequately enforce the laws that protect the child. It makes recommendations to the area of the inconsistency or defect in the law and also commitment on the part of the government constituted authorities in charge of the implementation of the Child Rights Law.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background of the Research The general frameworks within which human rights are protected in Nigeria include the rights of a child which are in Chapter IV of the 1999 CFRN. The Rights to fair hearing and the right to life, the rights to personal liberty and the right to freedom of movement among others, Section 421 prohibits unjustifiable discrimination on basis of ethnic group, place of origin, sex, religion or political opinion2.
We have other legislations that seek to protect the rights of a child, like, Children and Young Persons Act, Criminal Code, Penal Code, Child Rights Act 2003. In 1996, Nigeria submitted its first report on the implementation of the Child Rights Convention to the United Nation Committee on the Rights of the Child. One of the major recommendations made by the Committee was to finally ensure the domestication of the Child Rights Convention, as this is necessary for its full implementation in Nigeria3.

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AN APPRAISAL OF THE PROBLEMS AND PROSPECTS OF CAPITAL GAINS TAX ACT, 2004 IN NIGERIA

Price: 4000 Naira

ABSTRACT

The Capital Gains Tax was introduced into Nigeria by the Capital Gains Tax Decree (Decree No. 44) in 1967. The decree was enacted on 19th October, 1967 but retrospectively took effect from 1st April, 1967. It came into being two years after the Capital Gains Tax Law of United Kingdom (Finance Act, 1965). The Decree (Now Capital Gains Tax Act, Cap. C1, L.F.N, 2004) deals with the taxation of capital gains arising out of the disposal of capital assets. This research entitled “An Appraisal of the Problems and Prospects of Capital Gains Tax Act, 2004 in Nigeria” has been embarked upon with the sole aim at analyzing the essential provisions of the Act in bid to indentify its problems and prospects. In the first place, the work analyzed the transactions giving rise to capital receipts, the reasons for the imposition of the capital gains tax on chargeable assets and gains. The research has equally discussed how the capital gains tax is assessed and computed. The work also considered exempted bodies and gains under the Act. To make the work tally with the title, so many problems associated with the provisions and administration of the Act have been critically analyzed and the prospects thereof have been elaborately highlighted. The methodology adopted in conducting this research was essentially doctrinal i.e library-oriented. And the scope of this research was largely the Capital Gains Tax Act, Cap. C1, LFN, 2004 applicable in Nigeria though several legislations and other jurisdictions like U.K, U.S.A, Canada, etc have been made reference with. At the end of the work, findings in relation to the provisions and administration of the Act have been made out. The work finally recommended that some of the sections should be amended so much so that the Act meets with the current realities or challenges such as tax avoidance and tax evasion thereby boosting revenue generation.

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AN APPRAISAL OF THE PRIVATISATION AND COMMERCIALISATION LAW AND POLICY IN NIGERIA

Price: 6000 Naira

ABSTRACT

A global trend has emerged aimed at reducing government’s involvement and attracting private partnership in the economy. This global trend came about through the process of privatisation or both privatisation and commercialisation of government owned enterprises. The reasons offered for this economic policy vary from country to country. In Nigeria, as part of its programmes of National Economic Reforms, the Federal Government introduced privatisation along with commercialisation. The research which focused on law and policy in the privatisation and commercialisation process sees the spirit and letter of the law as not being given unfettered expression in terms of implementation in accordance with the existing legislations on the policy. The apparent ineffectiveness and inefficiency of the programme leaves one in doubt as to whether adequate provisions were not made in the law and policy to succinctly swathe the operations of the programme; hence the investigation of the law and policy. The regulatory framework on privatisation and commercialisation set up by the Nigerian Government is a matter of law, which has been juxtaposed among the government agencies. The research adopted a doctrinal methodology with considerable attention to both primary and secondary materials through which relevant laws on or connected to the programme from 1987 till date was examined. Certain findings were made which included the fact that Section 1(3) and Section 6(3) of the Act offend the provision of Sections 4(1), (4), (a), (b) of the CFRN, 1999 (as amended) and paragraph 17(b) of the Concurrent Legislative List of the Constitution and by virtue of Section 315(1) (a) of the CFRN 1999 (as amended) as an Act of the National Assembly who can constitutionally exercise the power and not the Council (NCP). Furthermore, Section 19 (1) of the Act establishing opening Privatisation Proceeds Account and subsection (2) providing that such funds be utilized for such purposes as may be determined by the Government of the Federation contradicts Section 162(1) of the CFRN, 1999 (as amended) dealing with the Federation Account. Equally, the Act does not provide for measures to probe and punish erring officers of the Bureau. This work also discovered that the Act does not provide for post-privatisation regulations to regulate the activities of privatised enterprises.

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AN APPRAISAL OF THE PRINCIPLES OF GIFT (HIBAH) IN ISLAMIC LAW AND ITS APPLICATION IN KADUNA, KANO AND KEBBI STATES

Price: 4000 Naira

ABSTRACT

Gift is a concept which every individual is engaged in willingly or unwillingly, either as a donor or recipient which has become part of the daily transactions of the society. The nature of gift has been conceived by scholars from different perspective creating divergence of opinion and application of these principles. The work is aimed at examining the comprehensiveness of the principles of Islamic Law relating to gift vis-à- vis the opinion of the four schools of thought and the application of these principles based on Maliki School in Northern Nigeria. This research was conducted by consulting classical literature(s) to deduce the principles relating to this concept. While court cases were used to showcase the legal application of the concept. Similarly, the Shari’a Court Establishment Laws of the chosen states conferred on the Shari’a Courts and the Shari’a Court of Appeal jurisdiction to entertain matters pertaining to gift. However the extent of the jurisdiction of the Shari‟a Court of Appeal comes into limelight when the subject matter of the gift is land or property attached to land. Therefore it could be said that although exclusive jurisdiction in all matters involving gift is conferred on the Courts, it is with limitation. Hence, there is the need for the amendment of the Constitutional provisions conferring jurisdiction on these Courts. Chapter one focuses on the general background of the study. It also examines the research problem, aims and objectives of the research, justification, scope, methodology, literature review and organizational layout. Chapter two analyzes the various definitions of a gift, nature and kinds of gift. Chapter three discusses the essentials of a gift, the concept delivery and revocation of a gift. Chapter four examines the Laws conferring jurisdiction on Shari’a Courts and Shari’a Court of Appeal to entertain matters involving gift. It also analyzes the applicable principles in court proceedings. Chapter five concludes the research by showcasing the limitation of the jurisdiction of the courts and the recommended ways of enhancing it.

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AN ASSESSMENT OF LANDUSE PRACTICES INDUCING SEDIMENTATION IN KUSALLA RESERVOIR, KARAYE LOCAL GOVERNMENT AREA, KANO STATE NORTH WEST NIGERIA.

Price: 4000 Naira

ABSTRACT

The purpose of this study is to improve the productivity of the Kusalla reservoir towards a sustainable domestic water supply and irrigation activities in the area. The aim of this study is to assess the level of sedimentation in the reservoir, and this was achieved by determining the current depth of the reservoir, the characterization of the land use within the catchment area of the reservoir as well as the effect of landuse changes on the sedimentation rate of the reservoir. The reservoir is located in karaye local government of kano state of Nigeria. The Level of sedimentation of the reservoir was determined by carrying out depth measurement of the reservoir from the surface to its bed during the dry season of 2011. The result obtained shows the reservoir has loss. 7.74 m depth to sedimentation, indicating 50.79% loss in installed capacity to characterize land uses changes over the catchment of Kusalla reservoir satellite imageries including lansat M.S.S 32 m resolution for 1970’s, 1980’s, 1990’s, and 2000’s were obtained and analyzed using G.I.S procedures. From the analyses of the satellite imageries, the result reveal that cultivated area increased from5662.71Hectare to10750.05Hectares; built-up area from 23.85Hectare to 654.66Hectare, from 1970’s to 2000’s respectively while water body show a reduction of 132.48 Hectare to 88.02 Hectares, bareland 3272.94 Hectares to 588.96 Hectares and vegetation from 3670.38Hectares to 725.67 Hectares from 1970’s to 2000’s respectively. The statistical analysis reveals a significant relationship between land use changes and sedimentation rate of the reservoir. The depletion of storage capacity has implication for future water supply to the resident of Karaye Getso, Dederi and Gwarzo.Watershed management,dredging and proper project monitoring among others was recommended. TABLE OF CONTENTS Title page - - - - - - - - - - I Declaration - - - - - - - - - - II Certification - - - - - - - - - - III Dedication - - - - - - - - - - IV Acknowledgement - - - - - - - - - V Abstract - - - - - - - - - - VII Table of Content - - - - - - - - - VIII List of tables - - - - - - - - - - XI List of figures - - - - - - - - - - XII List of Plates - - - - - - - - - - XIII CHAPTER ONE: INTRODUCTION 1.1 Background to the Study - - - - - - - 1 1.2 Statement of the Research Problem - - - - -- - 4 1.3 Aim and Objectives - - - - - -- - - 7 1.4 Study Hypothesis - - - - - - - - 7 1.5 Scope of the study - - - - - - - - 8 CHAPTER TWO: LITERATURE REVIEW 2.1 Concept of Sediment Development - - - - - - 9 2.2 Factors affecting Sediment Development - - - - - 11 2.2.1 Rainfall and Temperature - - - - - - - 11 2.2.2 Relief - - - - - - - - - - 12 2.2.3 Geology - - - - - - - - - 13 2.2.4 Soil - - - - - - - - - - 13 2.2.5 Vegetation - - - - - - - - - 14 2.2.6 Time - - - - - - - - - - 15 2.2.7 Land use - - - - - - - - - 16 2.3 Sediment characteristic/Properties - - - - - - 18 2.4 The role of Sediment Generation on Lake Sedimentation - - - 23 2.5 Previous Studies on Sedimentation - - - - - - 24 2.6 Method and Techniques of Measuring lake sedimentation - - - 26 2.6.1 Traditional Approach for Sedimentation Analysis (Range/End area method) - - - - - - - 26 2.6.2 Digital Terrain Model (D.T.M) Method - - - - - 27 2.6.3 Conventional Technique of Lake Depth Measurement - - - 27 2.7 RS and GIS in land use land cover (LULC) change detection - - - 28 CHAPTER THREE: THE STUDY AREA AND METHODOLOGY 3.1 The Study Area - - - - - - - - 34 3.1.1 Location and size - - - - -- - - - 34 3.1.2 Population - - - - - - - - - 37 3.1.3 Drainage - - - - - - - - - 37 3.1.4 Climate and Vegetation - - - - - - - 38 3.1.5 Geology of the Study Area - - - - - - - 39 3.1.6 Soil - - - - - - - - - - 40 3.1.7 Hydrology - - - - - - - - - 41 3.2 Methodology - - - - - - - - - 43 3.2.1 Types of Data Collected - - - - - - - 43 3.2.2 Methods of Data Collection - - - - - - - 43 3.2.2.1 Data Collection on Depth of Reservoir at Construction (1973)- - - - 43 3.2.2.2 Current Depth of the Lake 2011- - - - - - - 43 3.3 Land use/Land Cover Change Detection - - - - - - 46 3.3.1 Image Pre- processing - - -- - - - - - 46 3.3.2 Image Classification - - - - - - - - - - - 46 3.4 Instrumentation and software used - - - - - - - - 48 CHAPTER FOUR: RESULT AND DISCUSSION 4.1 Character of the Kusalla Reservoir in 1973 (Year of Construction) -- - 50 4.2 Current depth of the reservoir- - - - - - -52 4.3 Lake sedimentation- - - - - - - - - 54 4.4 Land use characterization- - - - - - -- - 54 4.4.1 Land use/Land Cover Character of the Kusalla Reservoir in 1970s- - - - - - - 55 4.4.2 Land use/Land Cover Character of the Kusalla Reservoir in 1980s - - - - - - - 58 4.4.3 Land use/Land Cover Character of the Kusalla Reservoir in 1990s - - - - - - 61 4.4.4 Land use/Land Cover Character of the Kusalla Reservoir in 2000s - - - - - - 64xi 4.5 Land Use/Land Cover Changes from 1970s to 2000s- - - - - - 66 4.6 Land Use/Land Cover Trend from 1970s to 2000s- - - - - -68 4.7 Effect of Land Use Changes on the Sediment Rate of the Reservoir - - - 69 CHAPTER FIVE:- SUMMARY, CONCLUSION AND RECOMENDATIONS 5.1 Summary - - - - - - - - - -74 5.2 Conclusion - - - - - - - - - -75 5.3 Recommendation - - - - - - - - -76 5.4 References - - - - - - - - - - -78

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AN ASSESSMENT OF LIABILITIES OF OIL PRODUCING COMPANIES FOR OIL SPILLAGE IN NIGERIA

Price: 4000 Naira

ABSTRACT

This project set out to examine the compensation of oil spill victims in the Nigerian oil industry. The compensation of these victims has become clumsy and dark in the wake of oil bunkering, pipeline vandalism, sabotage, since in the past, oil spill was as a result of the activities of the oil companies or operators. The object is to discuss who is responsible for payments of compensation to oil spill victims who are entangled in a political system that lacks legislative and administrative guidelines and framework that will effectively deal with the issue of petroleum compensations arising from sabotage, bunkering and even activities of multinational oil companies. Nigeria has become one of the most petroleum-polluted environments in the world. The impact of the oil spill include habitat degradation, pollution from gas flaring and these are cumulative and have acted synergistically with other environmental stresses to impair ecosystems and severely compromise human livelihoods and health. These unfortunate incidents make the victims individuals and host community, landowners, pond owners and other property owners to demand compensation. It is hereby recommended that the Nigerian government should set up oil pollution compensation funds that will make provision for compensation for oil pollution damage resulting from activities of not only multi-national oil companies but that of oil thieves, saboteurs and pipeline vandals. More so, legislations that will protect the environment of host communities and ensure timely adequate and fair compensation to them are to be urgently enacted.

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AN ASSESSMENT OF CONSUMER RIGHTS IN NIGERIA: A CASE STUDY OF THE SACHET WATER INDUSTRY

Price: 4000 Naira

ABSTRACT

The indispensability of safe drinking water to man cannot be over-emphasized. This research has traversed the allowable length and breadth of the applicable laws, regulations, as well as international and national policy frameworks on safe drinking water. It has also examined cases and legal principles that should be applied to instances where consumers’ rights to safe drinking water, especially sachet water arise. However, acceptable and affordable as the innovation may seem, its associated downside is the proliferation of contaminated sachet water, the consumption of which has often brought upon the consumers the toll of harm, diseases and malignancies. This situation is compounded by the obvious inability of the regulatory agencies of government to effectively monitor and control this anomaly. More so, is the dilemma of the consumers to know which field of law they can seek their legal redress, either in contract, or in tort, or in the law of crimes, where they may be harmed or injured by the consumption of contaminated, untreated or over-treated sachet water. The lack of sufficient awareness of their rights as well as the regulatory and enforcement mandates of the statutory watchdogs like the National Agency for Food and Drug Administration and Control (NAFDAC),Consumer Protection Council (CPC) and Standards Organisation of Nigeria (SON) puts a bitter icing on the cake of this malaise. The methodology used in this research is doctrinal as it dwelt essentially on the primary sources such as statutes, case law; and secondary sources such as academic publications, regulations, administrative policy documents, and other relevant materials sourced from the internet. The work is summed up with findings to the effect that government regulation in this field is not holistic as to provide the desired protection to consumers. Also, the conservative attitude of the courts that does not easily allow for res ipsa loquitur to be successfully pleaded in product liability cases by the plaintiff, but rather insists on the plaintiff proving the negligence or fault of the manufacturer/defendant was analysed. The work recommends that the National Agency for Food and Drug Administration and Control (NAFDAC) should take advantage of the enforcement provisions of the NAFDAC Act, 2004, in order to restrict the registration of operators of sachet water production and distribution to only qualified, capable and verifiable applicants. NAFDAC should ensure that the labeling and use instruction on sachet water be written with translation into the local language of the area of coverage while the Consumer Protection Council of Nigeria should increase its public enlightenment functions in order to bring to the notice of Nigerians the awareness of its existence and its functions. Also, it is recommended that the Consumer Protection Act should be amended to go beyond a requirement of safety certification by manufacturers, to holding them liable if as a result of no fault of the consumer, harm is caused by the use of such products. It is further recommended that the fines for product failure in the Act be increased significantly to deter malpractice. Finally, it is recommended that Nigerian courts should adopt and apply legal principles like res ipsa loquitur and strict liability that should attenuate the burden of proof of negligence on the consumer in product liability cases, especially in the area of packaged sachet water.

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AN APPRAISAL ON THE RIGHT OF THE CHILD TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION UNDER NIGERIAN LAWS

Price: 6000 Naira

ABSTRACT

This study has examined the intricacies involved with respect to child’s rights to freedom of thought, conscience and religion under Nigerian laws. It has been argued that the right to freedom of thought, conscience and religion entails the liberty of conscience accorded to the individual to have or adopt any religion or belief including the right to change one’s religion or belief as well as the freedom to manifest one’s religious belief in teaching, observance, practice and worship. The research work is predicated upon the problems arising out of the complexities involved with the tripartite issues of protecting the rights of the child to freedom of thought, conscience and religion on the one hand and the liberty of parents/guardians to secure the religious upbringing of their children as well as the obligation placed upon States in respecting this right. The main objective of this research work therefore, is to provide an appraisal on the right of the child to freedom of thought, conscience and religion under Nigerian Laws. It is contended that children should not be allowed absolute autonomy to decide for themselves on matters bordering freedom of thought, conscience and religion but such delicate decision should only be exercised through their parents/guardians who would provide directions as to the manner in which their child should exercise his/her right to freedom of thought, conscience and religion. It is therefore observed that Nigerian law recognizes the ultimate right of children to freedom of thought, conscience and religion and is to a large extent compatible with international norms and standards under the UN Human Rights system. It is further observed that the application of freedom of thought, conscience and religion in relation to children requires additional caution and a special consideration of the diverse structure of the Nigerian society. This is in view of the fact that the legal framework on child rights in Nigeria perpetuates only the application of western ideas on the adherents of all religions in Nigeria. It is thereby recommended that in view of the vulnerable state of their mind, children should not be allowed full liberty to take everlasting decision for themselves on matters pertaining to freedom of thought, conscience and religion and that despite the integration of the concept of autonomy into the concept of children’s rights, such autonomy must always be made subject to the overriding choice of parents. Any framework short of this would, in our view, be tantamount to enforcing absolute secularism and/or free thinking by the state on all children independent of the wishes of parents. Therefore, the study concludes with the firm recommendation that as Nigeria is comprised of both Muslims, Christians and adherents traditional African religions, a model law on the subject of freedom of thought, conscience and religion more particularly as it affects child protection must be one which takes into account the religious rights and interests of Nigerian citizens without spreading western ideas on adherents of all religions in Nigeria. It is therefore suggested that to curve the indiscreet secular element involved in the idea of autonomy and freedom of choice in religious matters granted to children independent of the wishes of parents, States in Nigeria that desires to enact into law the provisions of the CRA especially those states in northern Nigeria that applies the sharia, such states should cautiously revise and redraft the pro-western conception on child’s right to freedom of thought, conscience and religion in order that respect should be accorded to the religious rights and interests of parents and legal guardians to secure the religious upbringing of their children.

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AN APPRAISAL OF THE ROLE OF TRADE UNIONISM UNDER NIGERIAN LAW: A CASE STUDY OF THE NIGERIA LABOUR CONGRESS

Price: 4000 Naira

ABSTRACT

The writer was motivated to write on the subject of unionism with reference to the Nigeria Labour Congress owing to criticisms labeled by Nigeria on the role played by the congress. The writer’s desire of changing this negative perspective of the role of unionism became the motivation for the work. Trade unions are not perceived as a potent pressure group interested in championing the rule of law, good governance and enthronement of democratic ideals for the betterment of Nigerians. Activism of the NLC is generally construed in narrow terms confining its agitation to the betterment of only workers. This problems still prevails despite the dynamism of social relations which has necessitated a paradigm shift in the traditional role of the NLC. An objective of this thesis is to educate and enlighten the Nigerian public on the roles of trade unionism towards achieving economic growth, development and in the advancement of political and social rights in Nigeria. The research methodology adopted is basically the doctrinal method of research. This is because it made it easier for the writer to identify the primary and secondary sources of trade union law and have access to available literature covering diverse aspects of the work. The thesis found that the Trade Unions (Amendment) Act 2005 and other legislation have greatly undermined the vibrancy of the Nigeria Labour Congress towards the realization of its mission statement. It is also found that there is no constant flow of vital information from the NLC to the Nigerian public, this lack of public enlightenment of its activism contributed to the negative perception it has in the eyes of Nigerians. As a matter of urgency the legislature should amend the Trade Unions (Amendment) Act 2005 and other legislation t hat impede on the development of trade unionism. The NLC should embark on massive public enlightenment of its activism so as to educate the public. The NLC provides a basis for the limitation of state power, which is tantamount to the control of the state by the civil society; to supplement the role of the political parties by stimulating politically participation; promote the development of politicalxiii attributes and creating channels other than political parties for the articulation, aggregation and representation of interest; to monitor state activities, and defend their interest and values. The role of trade unionism as portrayed by the NLC has captured the imagination of the country as the defender of the common man and as a repository of the best values of the Nigerian society. The NLC has given hope to the vast majority of Nigerians who are excluded, marginalized, exploited and oppressed that a better Nigeria is not only possible but realizable. The potency of the NLC in the democratic struggle cannot be undermined. It is significant not only in entrenching democracy, but also its sustainability.

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AN APPRAISAL OF THE ROLE OF ECOWAS COURT OF JUSTICE IN THE PROTECTION OF HUMAN RIGHTS UNDER THE ECOWAS TREATY

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ABSTRACT

This study examined the role of the ECOWAS Community Court of Justice (ECCJ) in the protection of human rights in the West African sub-region specifically, under the ECOWAS Treaties of 1975 and the Revised Treaty of 1993. The research focused on the ECOWAS treaties, Conventions and Protocols. However, references were made to similar international, regional and national treaties, conventions and protocols such as the United Nations Charter on Human Rights, European Economic Community and the African Charter on Human and Peoples’ Rights etc. The work examined the nature and scope of the ECOWAS mandate and its functions towards achieving the implementation of human rights in the ECOWAS Community Court of Justice. In this premise, the ECOWAS organs responsible for the execution of the treaties, protocols and conventions were discussed with a view to understanding how human rights issues were adjudicated upon in the ECOWAS Community Court of Justice as well as how they solved any noticeable problems in the implementation of these treaties, conventions and protocols. In this vein, a doctrinal method of research was adopted to achieve this goal by analyzing the nature and scope of not only the human rights concepts, but also examined the nature and scope of the jurisdiction of the ECOWAS Court of Justice. This was done by the use of both primary and secondary sources of information such as theix ECOWAS treaty of 1975, the revised treaty of 1993, ECOWAS protocols and conventions as well as other international and regional community laws as they applied to their respective regions. Since we were studying the role of the ECOWAS Court of Justice in the protection of human rights under its treaty, we also considered the contributions made by academic scholars on the subject matter, such as in text books, journals, articles in magazines, newspapers and most importantly, some case law reports from the ECOWAS Community Court of Justice’s decisions. More significantly was the analysis undertaken in respect of the rules of procedure and evidence in the ECOWAS Court of justice and the access to justice for the citizens of the ECOWAS member states. That was why it was considered imperative to examine some of the selected case laws adjudicated by the ECOWAS Court of Justice. It was based on the above that at conclusion of this work, we brought out the problems inherent in the implementation of the ECOWAS Treaty as it affected human rights protection with a view to solving them by making reasonable suggestions and recommendations. It was hope that this would also contribute to knowledge on this area on significantly benefit Researchers, students, human rights organization all ECOWAS member states, Africa and the world at large.

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AN APPRAISAL OF THE ROLE OF ECOWAS COURT OF JUSTICE AND THE SOUTHERN AFRICAN DEVELOPMENT (SADC) TRIBUNAL IN THE PROTECTION OF HUMAN RIGHTS

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ABSTRACT

The concept of Human Rights is a very fundamental subject in international law. Human Rights aim at promoting and protecting humanity through the courts. The ECOWAS community court of justice and the southern African Development community tribunal play a very important role in the area of promoting and protecting Human rights in their respective regions. The aim of this dissertation is to appraise the role of ECOWAS community court of justice and the southern African Development community tribunal in the protection of Human Rights in Africa. The objective of this dissertation therefore is to highlight some weaknesses in the promotion and protection of Human Rights and to suggest some workable recommendations. One major finding of this dissertation is the issue of enforcement of the court decisions. The decisions of the ECOWAS community court of justice and the Southern African Development Community Tribunal are usually not enforceable. They rely mainly on the commitment of member states. This dissertation therefore recommends that the courts should engage in massive sensitization of judicial authorities of member states on the issues of enforcement as justice without enforcement is impotent. To achieve this, the doctrinal method of research will be adopted.

CHAPTER ONE GENERAL INTRODUCTION

1.1 Background to the Study Human Rights mean that human rights serve to protect and promote the dignity of human beings worldwide1. Human rights can be seen as a legal codification of the concept of human dignity. Despite different regional perceptions and arguments relating to cultural relativism, the concept of human rights and their universality is generally accepted, although these always have to be seen in their specific contexts2. Human rights, as a legal concept and codification of human dignity, were late to arrive in Africa. Its evolution in Africa is to be seen against the background of the dynamic development of human rights within the United Nations system and that of international law, although the impetus of this evolution is owed to the struggles within African states in the colonial and post-independence eras3. The role of the Organization of African Unity (OAU) and its successor, the African Union (AU), must also be acknowledged here. Since the OAU‟s inception in 1963, several organizations‟ instruments and mechanisms have come to the fore, aiming at promoting and protecting human rights in Africa. The adoption of the African Charter on Human and Peoples‟ Rights in 1981 is considered a milestone in this regard, as are the establishment of the African Commission on Human and Peoples‟ Rights and the associated African Court of Human and Peoples‟ Rights. In addition, regional economic communities have set up their own organizations and instruments aiming at promoting human rights in their respective regions4. Get Complete Materials