A decision of the supreme court of the united kingdom, the highest civil appeal court of the united kingdom, is binding on every other court. Recommended citation ekhator, eghosa osa 2016 public regulation of the oil and gas industry in nigeria. Public regulation of the oil and gas industry in nigeria. The constitution of nigeria is the supreme law of the country. In this act, unless the context otherwise requires district means a marriage district constituted under this act. Criminal law allegation of crime in a civil suit proof must be beyond reasonable doubt criminal law element of fraud or forgery particulars must be pleaded. Where a person rents or hires propertyservices from another, withholding tax at the rate of 10% will apply.
Basic principles of english contract law introduction this guide is arranged in the following parts. G department of accountancy, osun state college of technology, esaoke, nigeria abstract. World factbook of criminal justice systems nigeria. O practical approach to law of real property in nigeria ecowatch 1999 p. The age of marriage under customary law is governed in the three eastern states of nigeria by the age of marriage law 1956. Most people have lost their land and properties to other people with better titles. The law of nigeria consists of courts, offences, and various types of laws. Subject to the provisions of this constitution, the executive powers of the federation. Law and practice of arbitration and conciliation in nigeria, lagos. It shares borders with benin in the west, niger in the north, and cameroon and chad in the east.
The courts then began to impose a fiduciary duty on promoters similar to that imposed on agents. Both acts were then repealed and replaced in 1922 by the companies act of 1922. In southern nigeria, the native laws are informal, unwritten agreements. That in spite of the incursion of the act in the land tenure system of nigeria, customary law still dominates and. English land law transformed from the industrial revolution and over the 19th century, as the political power of the landed aristocracy diminished, and modern legislation increasingly made land a.
Late president umaru musa yaradua of nigeria was proactive in his attempt to amendreform the land use act but his efforts proved futile. Olusola atilola, nigeria land administration reform in nigerian fig congress 2010 facing the challenges building the capacity sydney, australia, 1116 april 2010 316 land administration reform in nigerian. The law is long settled that a plaintiff must succeed on the strength of his case and not on the weakness of the defence except where the case of the defence supports. An housing policy is derived from laws, regulations and administrative practices that can aid the production and. The essence of english common law is that it is made by judges sitting in courts, applying legal precedent to the facts before them. Laws of the federation of nigeria petroleum act 1990. The main contractors contract and the site erection subcontract provided for arbitration in. Criminal law and procedure 01 introduction page 4 of 19 a formal rules logical, formal reasoning. The system of law enforcement in nigeria is beset by a lack of resources, sectarian loyalties, and corruption. Laws of the federation of nigeria arrangement of sections 1. Definition of a company a company is a corporation an artificial person created by law. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. The rule of law and anticorruption crusade in nigeria niki tobi, ll.
Indeed, nigeria s military rulers were at the forefront of centralising the ownership and control of oil and gas resources in the federal government of nigeria. The primary legislation that regulates the employment of persons in nigeria is the labour act. In the legal sense, the term common law means the law developed by the old common law courts of the kings bench, the courts of common pleas and the courts of exchequer. Vigilantism frequently occurs after an accusation of blasphemy see below. Act done pursuant to the judgment or order of court. D honoris causa, con justice of the supreme court and professor of law lecture delivered at the 9 th justice idigbe memorial lecture, at the akin deko auditorium, university of benin, benin city, nigeria on 6 th august, 2008. Generally, housing in nigeria is bombarded with problems like poverty, discrimination against the use of. According to history, the very first nigeria company law was announced in 1912. Other laws that are of importance are the constitution of the federal republic of nigeria. This law consists of the ancient customs and usages of england s. The act established the framework for the regulation, management and development of a national health system and also set standards. Before nigeria gained independence in 1960, we adopted some laws from our colonial masters.
English law has a tremendous influence on the nigerian legal system, and it forms a substantial part of nigerian law. This law separated the traditional chiefs of their customary powers to manage the land. Sep 06, 2016 call 08091587777today in nigeria, there have been endless litigations in nigerian court of law over land disputes. The english common law is provided for in section 45 1 of the interpretation act that, the common law of england and the doctrines of equity and the statutes applied generally which were in force in england on 1st january 1900 are applicable in nigeria, only in so far as local jurisdiction and circumstances shall permit. Jan 08, 2017 islamic law is the law that applies to muslims and is usually applicable in most parts of the north in nigeria. Against this background, this study analyses the conceptual issues affecting land ownership and inheritance among the people of ogbe community in ahiazu mbaise local government area of imo state, southeastern nigeria, as it were during the historical traditional era down to the contemporary times. The position of the wives and children of the deceased are even more critical. Although nigeria is independent, the english legal system has a huge role to play. This essay concludes with suggestions for the way forward. The english common law is regarded as such because it is law common to all parts of england. Morse, partnership law blackstone 6th edition 2006 chapters 1 and 9 for a little more detail on partnerships. Nigeria has its own constitution which was established on 29 may 1999. This study, in nineteen chapters, deals with the various issues pertaining to land law in nigeria. The distinction between public and private law is illustrated in figure 1.
Section 45 1 of the interpretation act provides that, the common law of england and the doctrines of equity and the statutes of general application which were in force in england on 1st january, 1900 are applicable in nigeria. Types of law in nigeria and their purpose information. Browse our product catalogue and lecturer resources. Until the advent of nigeria nascent democracy in 1999, nigerian judges could be said to have been hamstring in their duty of dispensing justice by the mere fact that they had to operate a. The constitution of the federal republic of nigeria 1999 with annotations lagos.
Overview administrative law is the study of governance. The history of english land law can be traced into roman times, and through the dark ages under saxon monarchs where, as for most of human history, land was the dominant source of personal wealth. When the british government formally granted political independence to nigeria on october 1, 1960, the politicians, who took over the reins of government was welleducated, experienced, sophisticated and above all, very patriotic. Introduction to nigeria company law part 1 this was then ammended in 1917 to cover the whole country companies amendment and extension act of 1917. That said, the starting point for many administrative law. This study was designed to identify the effects of tax evasion on government revenue generation in oyo state. Application of provisions of schedule as law of northern states 1 the provisions contained in the schedule to this act shall apply in respect of the northern states and shall be read as the law of that territory and as such form part of the. Offences in connection with the distribution of petroleum products 6. Blackett ord partnership, butterworths, 2002 chapter 1 pp 15. Resolving the discriminatory proprietary rights of widows and children titus adekunle the sudden death of a man calls into question the manner of distributing his properties as well as succeeding to his offices, dignities and honour after his death. The frustrations from his attempt to amend the act was that the act is part of nigerias statute books a nations laws regarded collectively. The approach taken in conducting this research is textual analysis or doctrinal analysis and deconstruction of the enforcement mechanisms of human trafficking laws and policies in nigeria.
The land use act and the state of nigerian land law journal. Introductionhistorical evolution of land law in nigeria. They enshrine best practices in terms of ethical and professional conduct. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia islamic law. There are different types of lawyers in nigeria, and the practice of law is a very big field in nigeria. An authority for the application of islamic law in nigeria is the provision of section 277 of the constitution that gives the sharia court of appeal of a state jurisdiction on civil matters relating to islamic personal law. Classification of law there are various ways in which the law may be classi. A company thus has legal rights and obligations in the same way that a natural person. Scotland and northern ireland have their own distinct legal systems. Nigeria formally the federal republic of nigeria is a country in west africa.
The chartered institute of arbitrators uk nigerian branch b. Nigeria operates what is known as a bicameral legislature, this means that the national legislative responsibility is shared between the 2 separate assemblies the senate and the house of representatives, both chambers make up what is known as the national assembly, at it is the primary law making body in nigeria. Act likely to cause injury, but done without criminal intent and to pre vent other injury or to benefit person injured. Following the amalgamation of the northern and southern protectorates in 1914 by the british colonial administration, the entity nigeria came into being. National open university of new english file advanced pdf free download nigeria. Nigeria but of nigerian descent and c this regulation shall not operate to deny any nigerian or any natural person the privacy rights he is entitled to under any law, regulation, policy, contract, for the time being in force in nigeria or in any foreign jurisdiction. Land law nigeria by national open university, nigeria file type. The very first company law came up in nigeria in 1912. I formation of a contract ii contents of a contract iii the end of a contract i formation of a contract 1. Communal land rights vesting in trustee law of western nigeria was enacted in 1959, as a consequence of repeated abuses by tribal chiefs. The law regulating use and management of land in nigeria was changed to the land use act in 1978 1 consequent upon which the right of occupancy became the only. While congress creates authority, the president enforces that authority, and courts confine or discipline the exercise of that authority, it is agencies that govern. Powers to restrict the movement of goods into and out of nigeria by land or inland waters and to appoint customs stations. A number of lawyers in nigeria are not conversant with the bankruptcy laws.
The following arbitration institutions are active in nigeria. An act to provide for the construction and interpretation of acts of the national assembly and certain other instruments. Nigeria s national health act 2014 was signed into law by president goodluck ebele jonathan on the 9 th of december, 2014. Administration of the tax 1 the tax shall be administered and managed by the federal board of lnland revenue in this act referred to as the board. The employers claimed agdnsi the nain contractors, who they had employed to build the tank, and the main contractors claimed against the subcotltracsors.
Law and medical ethics are both dynamic and are in a constant state of change with time due to changing circumstances and societal values. It is a country with a current population of about 180 million people, and with different laws policies and constitutions to ensure that order is maintained. It is the common law which governs this area of the law in victoria. Since then, both the nigerian criminal code and the northern nigerian penal code have added many amendments to reflect the norms, values, and. This guide to law online nigeria contains a selection of nigerian legal, juridical, and governmental sources accessible through the internet. Giving learners equal access to the information and tools they need at no extra cost gives them the best opportunity to engage and progress. An act to make provisions for the celebration of marriages. Metzler t has been observed that we are living in a changed world, a world of new moral concepts but of outworn legal institutions. Also, if you look at the law courts, the english common law has a large influence. This same law got amended some 5 years later in 1917 and it was then able to cover all parts of nigeria. In 1884, this law was first implemented in badagry, lagos state.
The same law got refined 5 years later in 1917 and it was then be able to cover all parts of nigeria. Although the law in nigeria would appear not to stipulate a time frame, it must be understood that the landlord and tenant are in contract and it is only when both parties agree that any changes can be made to that contract. Development strategy for nigeria moses akpobasah at a 2day nigeria meeting organized by the overseas development institute, london, 1617 june 2004 contact. Withholding tax in nigeria administration and rates. Bankruptcy law in nigeria all you should know lewisraylaw. As a general rule, income on a property rent, hire or lease payments or rights royalties situated in nigeria is liable to tax in nigeria, the place of payment not withstanding. The indigenous land tenure and nationalization of land in nigeria. Tax laws provide a welldefined legal backing to the administration of each tax type states in clear terms the applicable rate, tax laws stipulate what constitutes offence and the appropriate sanctions to each offence. Effects of tax evasion on government revenue generation in oyo state, nigeria folayan d. The first point to start with is that when a lawyer gets qualified to practice law in nigeria, there are no restrictions on what area of law heshe can practice in. English law in nigeria is derived from the colonial nigeria, while. An act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the state, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the.
The most populous country in africa, as well as one of the strongest economically, nigeria is also a founding member of many international organisations, including the. Nigeria, housing as a policy, as well as the national housing policy. Religious and customary laws in nigeria law in action. A contract is an agreement giving rise to obligations which are enforced or recognised by law. Arbitration arbitrator a dispute arose over liability for dmage to an oil tank in the gulf when cracks appeared after it had been constructed. It further vested all these powers in a board of trustees, which is appointed by the government. This can be attributed to the nonapplication of the law in nigeria. English law refers to the law as it applies to england and wales. Thus, new legislation and court decisions give rise to changes of the law and new ethical issues emerge in response to challenges created by new technology, law or other influence.
It was labeled then as the companies amendment and extension act of 1917. As a consequence, vigilantism often goes unpunished. Oil exploration licences, oil prospecting licences and oil mining leases 3. Nigeria has a pluralized legal system which is due to the nature and sources of its law. Northern states means the states of nigeria formerly known as northern region of nigeria. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. It was known then as the companies amendment and extension act of 1917. History thus, perhaps for the sake of convenience and to separate ancient origin from the time of european international law,3 traces the origin of modern. The use of international law in the domestic courts of ghana and nigeria 373 western states. Pdf the land use act and land ownership debate in nigeria. The federal republic of nigeria is an african country known for its history and culture, natural landmarks and wildlife reserves.
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