Navigating the Conundrum of Holding Charges in Nigeria: Reconciling Statutory Provisions with Constitutional Presumption of Innocence
Introduction The concept of a “holding charge”, whereby a defendant is brought before a court to secure a remand order pending investigation or legal advice, presents a profound legal paradox and continues to evoke unease in Nigeria’s criminal justice system. The courts have consistently and categorically denounced the practice, branding it unconstitutional, alien to Nigerian […]
The Law of Defamation in Nigeria: A Shield and A Sword
Introduction The entire gamut of the law of defamation revolves around two forms: libel (written) and slander (oral). Carefully observing how this law operates will lead to the undeniable conclusion that people should mind their own business and avoid commenting on issues. This is not the aim of this law, and in its operation, the […]
Airlines Liability Caps: Exploring Alternative Remedies for Passengers
Introduction. Air passengers and carriers/airlines are constantly involved in the thorny affair of breached rights and obligations and the consequential liabilities that result. Issues arise from missed or delayed flights, refunds, loss of baggage, and personal belongings, among other matters. What is manifest from the foregoing is that passengers are usually left in limbo and […]
The Provision for Family and Dependants in a Will: Can a ‘Side Chick’ of a Testator Contest the Validity of His Will, Where No Reasonable Financial Provision is Made for Her in the Will?
INTRODUCTION The dependents of a deceased person (testator) can contest his Will, where they believe that reasonable financial provision(s) has not been made for them in the Will. This issue has been provided for, under the extant laws regulating the disposition of a person’s properties. Thus, the law allows certain categories of individuals to challenge […]
Examining the Abuse of Naira Notes in Nigeria: A Legal and Comparative Perspective
Introduction Currency serves as the lifeblood of any nation’s economy, embodying its value and facilitating economic transactions. In Nigeria, the Naira stands as a symbol of national pride and economic stability. However, despite its significance, the abuse of Naira notes has become a pervasive issue in the country, undermining its integrity and the respect it […]
Procedure for the Registration of Title to Land in Nigeria
Ownership and transfer of land is the gamut of the real estate sector in Nigeria. The real estate sector in Nigeria is one of the most thriving industries in the country and although the circumstances and peculiarity of each land or property transaction vary, what will be found is that individuals, corporations, and investors tend […]
Constitutional Amendment on the First Session and Inauguration of Members-Elect of the National and State House of Assembly.
Recently, the wind of amendment which greeted the Constitution of the Federal Republic of Nigeria, 1999 was received with pageantry and aplomb. The news broke when most media outlets in the country reported that President Muhammadu Buhari had assented to sixteen (16) Constitution Alteration Bills presented to him by the National House of Assembly. One […]
Constitutional Amendment – Exclusion of Intervening Events in Electoral Matters
The integrity and transparency of any democratic system hinge on the constitutional framework 1 governing its electoral process. Over the past two decades of Nigeria’s Fourth Republic, the 1999 Constitution of the Federal Republic of Nigeria (“Constitution”) has undergone numerous amendments to adapt to the evolving needs of the nation. Among these amendments, the fifth […]
Legal Threshold of a Valid Will in Nigeria
A Will is a testamentary disposition usually made by a testator to give instructions to his executors on how he wishes to have his/her assets distributed upon his demise. There is a lot of skepticism about Will making, but if it is made in compliance with the dictates of the law it is usually beneficial […]
An Overview of The Evidence (Amendment) Act 2023
The Evidence (Amendment) Act 2023 (the “Amendment Act”) was signed into law by the President of the Federal Republic of Nigeria on 12th June 2023. The Amendment Act did not repeal the Evidence Act 2011 (the “Principal Act”), however, it amended some provisions of the Principal Act by introducing new provisions with the aim of […]
