Articles published under UDUS Law Journal

APPLICATION TO THE COURT FOR THE RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARD IN NIGERIA: AN OPEN GATE TO LITIGATION

Arbitration is an alternative way to resolve dispute outside court.  But unlike a court judgment, arbitration does not have any legal coercive power to enforce the award. The enforcement

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AN OVERVIEW OF THE LEGAL ACCESS TO ELECTRICITY AND RENEWABLE ENERGY IN NIGERIA

The electricity generation capacity in Nigeria is inadequate to meet its energy needs. Furthermore, conventional energy sources such as coal and gas lead to increase in Greenhouse Gas emissions, th

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THE NIGERIAN LEGAL FRAMEWORK ON TELEMEDICINE: PROSPECTS AND CHALLENGES

The modern system of healthcare delivery to the people in remote and rural areas is known as Telemedicine. In Nigeria, the legal framework of Telemedicine is under Article 22 of the Code of Medical

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AN EXAMINATION OF THE LEGAL, ETHICAL AND SOCIAL IMPLICATION OF THE PRACTICE OF ASSISTED REPRODUCTIVE TECHNOLOGY IN NIGERIA

Infertility being the primary reason why most couples consider the techniques of assisted reproduction is estimated to affect more than 80 million people worldwide; and as a result people have reso

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PRINCIPLE OF MEDICAL AUTONOMY: THE NIGERIAN EXPERIENCE

Autonomy is one of the fundamental principles of medical practice. The principle requires that the rational sovereignty of an individual on medical treatment depends on self-determination. The adva

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THIRD-PARTY FUNDING AND ITS IMPACT ON INTERNATIONAL INVESTMENT ARBITRATION

Arbitration, being a private-adjudication process, arises from contractual relationships; thus, arbitration is, by nature, a contract. This, therefore, makes arbitration susceptible to prevailing p

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AN APPRAISAL OF THE LEGAL ACCESS TO FAMILY JUSTICE IN YORUBA LAND OF NIGERIA

The paper focuses on the choice open to Muslim women on access to family justice in Yoruba land, Nigeria vis a vis the extant courts. Islam has been in Yoruba land as dated back to 14th Century but

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AN EXAMINATION OF THE PANDEMIC CONTRADICTIONS IN INTERNATIONAL LAW

This paper seeks to examine some contradictions that have made the international legal order’s procedure to collectively fight the COVID-19disease less effective. This alarming situation is worriso

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THE LEGAL DUTIES OF CONTRACTING STATES UNDER THE INTERNATIONAL CIVIL AVIATION ORGANISATION CONVENTION

In keeping with its objectives, International Civil Aviation Organisation (ICAO) had so far adopted nineteen annexes to the Chicago convention of 1944. This examines the subject of facilitation and

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IMMUNITIES OF HEADS OF STATE UNDER CUSTOMARY INTERNATIONAL LAW: THE ICC STATUTE AND THE UMAR AL BASHIR’S DILEMMA

Immunity is a very important concept under international law. Until the formation of international law, the principle has been in existence although the form and shape of it changed. Former Pr

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GLOBAL INSTRUMENTS AND INITIATIVES AIMED AT COMBATING THE PROLIFERATION OF SMALL ARMS AND LIGHT WEAPONS IN SUB-SAHARAN AFRICA

 

The aim of this paper is to highlight the global Instruments and initiatives aimed at combating the proliferation of small arms and light weapons in Sub-Saharan Africa. Armed conflicts

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RE-EXAMINING THE LEGAL FRAMEWORK AND DRAWBACKS OF NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS ENFORCEMENT AGENCY (NESREA)

The National Environmental Standards and Regulations Enforcement Agency (NESREA) was established in 2007. The major aim of establishing the agency is to ensure that the Nigerian environment is clea

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EXTRA-TERRITORIAL APPLICATION OF THE FEDERAL COMPETITION AND CONSUMER PROTECTION ACT 2018 OF NIGERIA: THE WAY FORWARD

Under the Federal Competition and Consumer Protection Act 2018 (FCCPA), by section 2(3), the FCCPA applies to a citizen of Nigeria or a person ordinarily resident in Nigeria; a body corporate incor

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AN OVERVIEW OF THE POWERS OF THE PRESIDENT DURING THE STATE OF EMERGENCY AS PROVIDED UNDER THE 1999 CONSTITUTION OF NIGERIA

Every modern constitution the world over permits the President of the country to resort to extra-ordinary means to bring emergency situations under control within the shortest time possible. The Co

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A CRITICAL REVIEW OF THE VIOLENCE AGAINST PERSONS PROHIBITION (VAPP) ACT 2015

Domestic violence is a serious social and legal problem that now receives increased global attention due to the struggle by women for equality and human rights protection. There is now attention on

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AN OVERVIEW OF THE CRIME OF ONLINE CHILD PORNOGRAPHY

Technological advances and the use of internet has propelled child pornography into a global market and also minimised the risks involved in its distribution. This has raised concerns about exploit

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ADMISSIBILITY OF ELECTRONIC EVIDENCE UNDER THE NIGERIAN EVIDENCE ACT, 2011: CHALLENGES AND RECOMMENDATIONS FOR FUTURE REFORMS

The Evidence Act is the statutory law that regulates what type of evidence that is admissible and what type of evidence is inadmissible in evidence in court proceedings. It also specifies on whom d

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EVALUATION OF JUDICIAL ATTITUDE TOWARDS TAX OFFENCES AND PENALTIES IN NIGERIA: COMPANY INCOME TAX IN PERSPECTIVE

It is trite law that taxation is a compulsory levy by the government on the incomes of individuals, properties and corporate bodies’ e.t.c. for the upkeep of the government. The failure of these ta

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EXAMINATION OF THE CHALLENGES OF COLLECTING TAX FROM THE INFORMAL SECTOR IN NIGERIA

The informal sector refers to economic activities and incomes that are partially or fully outside of government regulation, taxation and observation. Informal economic activities in Nigeria consist

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AN APPRAISAL OF THE LEGAL TAXING POWERS AND THE DYNAMICS OF ELECTRONIC COMMERCE IN NIGERIA

Income tax in Nigeria applies to both individual and corporate bodies; a taxpayer must have sufficient physical presence in Nigeria to be liable to pay tax in respect of his profits from business o

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THE RIGHT TO PRIVACY IN NIGERIA AND THE LIABILITY OF BANKS FOR BREACH OF CUSTOMER’S CONFIDENTIAL INFORMATION

This article examines the concept of data privacy against the backdrop of bank’s duty of confidentiality to its customers. It adopts an analytical research method and analyses laws and principles o

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AN ANALYSIS OF PERPECTUAL SUCCESSION IN LIMITED LIABILITY PARTNERSHIP IN NIGERIA

This paper analysed the perpetual succession in Limited liability partnership in Nigeria. The paper adopted doctrinal method of research. This paper is aimed at knowing the reasons why people may w

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APPRAISAL OF THE ROLE OF CORPORATE LEGAL PERSONALITY IN CORPORATE RIGHT OF ACTION AND RESTRUCTURING

A company could be defined as an association or group of persons coming together with the aim of doing business under a name with rights and liabilities. Upon incorporation, a company becomes a jur

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PUBLIC-PRIVATE PARTNERSHIP (PPP) IN KANO STATE: NEED FOR A REFORM OF EXISTING LEGAL FRAMEWORK

This paper appraises Public-Private Partnership (PPP) and the need for a reform of existing legal framework in Kano State. In Kano State, public-private partnership projects are seen and heard of i

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AN OVERVIEW OF THE ADMISSIBILITY OF ELECTRONIC EVIDENCE UNDER NIGERIAN LAW

Islamic law emphasizes on justice and fairness in resolving disputes. The legal fraternity has developed a procedural law to successfully execute the fairness since Islamic Law is comprehensive and

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ELECTRONIC FILINGS IN NIGERIAN COURTS: BETWEEN EXIGENCIES AND THE LAW

The need to improve the effectiveness and efficiency of the judicial system in Nigeria has necessitated the use of modern information and communication technology (ICT). The conventional method of

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CONSTITUTIONAL IMPERATIVES IN THE RECONSTRUCTION OF THE RIGHT TO STRIKE

By articulating constitutional prescriptions guaranteeing strike and the right to strike in the workplace, this article interrogates the impacts as well as implications of the transition of the rig

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INSTITUTIONAL FRAMEWORK FOR ADMINISTRATION OF PENSION REFORM ACT, 2004

The Pension Reform Act 2004 benefited immensely from the robust debates and collective wisdom of many Nigerians of all works of life. This assisted in building wide range consensus on the key eleme

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DISMEMBERMENT OF PART OF THE BODY: AN APPRAISAL OF ISLAMIC LAW PERSPECTIVE

The act of dismemberment of human body both living and dead is now a common phenomenon in both international and municipal communities. There are reports that during internal conflicts, some victim

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THE DYNAMICS BETWEEN SHAFI’I AND MALIKI JURISPRUDENCE ON MARRIAGE GUARDIANSHIP IN KADHI’S COURTS IN ZANZIBAR TANZANIA AND KWARA STATE OF NIGERIA

Islamic jurisprudence assists in peaceful co-existence in societies with sizeable Muslim population of the world. Zanzibar, Tanzania and Kwara State of Nigeria are classic examples of such regions

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ESSENCE AND RULES OF DIVORCE OF MARRIAGE UNDER ISLAMIC FAMILY LAW [ḤAQĪQATU AT-TTALĀQ WA AḤKĀMUHU FISH-SHARĪʻAH]

In Islam, nikāḥ (wedlock) is expected to last until one of the spouses dies. In a good marriage, both husband and wife work hard to solve any problem that arises. Islam frowns at and discour

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APPLICATION OF ISLAMIC LAW OF INHERITANCE: A GENERAL SURVEY OF KWARA STATE SHARI’AH COURT OF APPEAL

Acquisition of wealth is one of natural phenomenon in human life. It is equally natural that at the point of death, one would leave some of his acquired properties for his heirs. Tradition of shari

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LI'AN, ZIHAR AND ILA AS MEANS OF MARRIAGE DISSOLUTION UNDER ISLAMIC LAW: AN APPRAISAL

Divorce is permitted in Islam as a last resort if it is not possible to continue a marriage. Certain steps need to be taken to ensure that all options have been exhausted and both parties are treat

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