Examination of Matrimonial Remedies/Relief Under the Matrimonial Causes Act (Published)
The importance of marriage between spouses has brought shout legal rules in every society in protect the legal union between spouses. The principal enactment in this respect in Nigeria is the Marriage Act and the Matrimonial Causes Act. The Matrimonial Causes Act (MCA) guarantees some safeguards in the manner of Judicial Separation, Restitution of Conjugal Rights, Jactitation, Maintenance, Custody and as a last resort, Dissolution of Marriage and Settlement of Properties. Though several reliefs avail spouses of statutory marriage in Nigeria, a number of these reliefs have proven inadequate overtime. The law on matrimonial causes in Nigeria has remained without appreciable improvement since the promulgation of the Matrimonial Cause Decree in 1970. In Nigeria, the law relating to alimony and settlement of matrimonial properties upon divorce, for instance, is a million miles away from reality and expectations of the society. This research work is basically aimed at examining some of the reliefs available to spouses of statutory marriage in Nigeria with a view to analyzing the scope and limitation inherent in these rights in the face of development in other jurisdictions. In order to achieve this aim, the research adopts the doctrinal research method which involves the use of both primary and secondary source material in dealing with the subject under review. The research demonstrates that a number of the available legal reliefs under the Matrimonial Causes Act are inadequate, and not in tune with development in other climes. The law on this has been unprogressive and the interpretation of these rights unimpressive in Nigeria. The research therefore makes a case for the review of some of the reliefs with a view to amending the law to give sufficient latitude to an elaborate and progressive interpretation of the law on the issue. Thus, the research work recommends that the Legislature or the Nigerian Law Review Commission should as a matter of urgency set legal machineries in place for a review of the Matrimonial Causes Act with the aim of improving on some of the reliefs in order to meet with societal expectations and reality of time
Keywords: Examination, matrimonial causes act, matrimonial remedies, relief
A Critical Examination of the Principle of Sеpеration of Powеrs as a Cardinal Fеaturе of Dеmocratic Govеrnancе in Nigеria (Published)
The doctrine and practice of separation of powers is to the legal effect that the three governmental organs (The Legislature, Executive and the Judiciary) are separated into autonomous bodies saddled with responsibilities to perform distinct functions. It is primarily understood to mean not only that the three governmental bodies are separated but also to see that no member of one organ can be member of another concurrently. It is a common knowledge that while the legislative organ is saddled with the primary responsibility to create or enact laws, the Executive is constitutionally empowered to implement these laws so made by the legislatures, and the judicial organ interprets laws in consonance with the dictate letters of the constitution. The separation of powers among the independent organs of government concerns itself with the prevention of any individual or group from accumulating excessive powers and ruling tyrannically. This work seeks to highlight the importance of this constitutional principle of separation of powers and how it has overtime strengthened the practice of democracy in Nigeria.
Keywords: Examination, Nigеria, cardinal fеaturе, dеmocratic govеrnancе, sеpеration of powеrs
An Examination of Bankers’ Customers Relationship Under the Nigerian Law (Published)
This paper examines the evolving and complex legal relationship that exists between bankers and customers in view of the dynamic, intricate and knotty realities of banking in the 21st Century. Existing researches have portrayed the relationship that exists between bankers and customers as that of creditors and debtors. But unfolding of events in modern banking practices reveals that banking has gone beyond conventional practices of credit and debit; to embrace knotty foreign exchange dealings; discounting bills; financial advisory services; agency; administration of estates and acting as customers’ bailee; to mention just a few. These modern services, coupled with emerging technological developments in banking services have opened new legal vistas with intricate legal issues which existing legislations and judicial authorities are grappling to cope with. The aim of this work is to critically examine the evolving relationship between bankers and customers beyond the conventionally known relationships of creditors and debtors using the doctrinal method of legal research to analyze existing literatures, case law and legislations. Findings revealed that modern technology and modern commerce have expanded the relationships between bankers and customers. Recommendations were made at the end of the work on the need to expand the frontier of legislations in Nigeria to embrace emerging realities of the relationship.
Keywords: Bankers, Banks’, Customers, Examination, Relationships
Rupturing The Financing of Terrorism: Examination of The Adequacy of Nigerian Law (Published)
Global concern over terrorism and financing of terrorism became greatly heightened after September 11, 2001 bombing of the World Trade Centre with the concerted efforts put to bear across countries towards reassessment of policies, strategies and the readiness to forge international cooperation to ‘‘choke” the financing of terrorist groups and Organisations in support of terrorism. The employment of intelligence against terror and the confirmation of reports and findings of the States’ intelligence apparatuses also shed new knowledge which often dictates constant redefinition of terms and approaches in the fight against terrorism. Despite the elaborate legal framework in Combating Money Laundering and Financing of Terrorism in Nigeria, little can be said to have been achieved. It is suggested that all parties involved in the administration of criminal justice shall collaborate to ensure that criminal cases particularly Anti-Money Laundering and Combating of Financing of Terrorism are properly investigated, prosecuted and tried with minimum delay. Also, more serious efforts should be made to remove socio-economic injustices, imbalances and inequities in the society, alleviate the suffering of the people, provide increased job opportunities and the right atmosphere for genuine business and investment to thrive
Keywords: Examination, Financing, Terrorism, adequacy of Nigerian law