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Literatura académica sobre el tema "Nigeria. Federal High Court"

Autor: Grafiati

Publicado: 4 de junio de 2021

Última modificación: 9 de febrero de 2022

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Artículos de revistas sobre el tema "Nigeria. Federal High Court"

Falase-Aluko, Abiola. "New Developments in the Admiralty Jurisdiction of the Federal High Court in Nigeria". Journal of African Law 39, n.º 1 (1995): 64–78. http://dx.doi.org/10.1017/s002185530000588x.

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Over 20 years ago, the Federal High Court was created. It is today the only Court with jurisdiction in matters relating to admiralty in Nigeria. This has, however, not been without some teething problems. Disputes arose over what matters fell within the admiralty jurisdiction of the courts and also as to which courts had admiralty jurisdiction. The recent Admiralty Jurisdiction Decree of 1991 addresses these issues by providing a comprehensive local code in line with the International Convention Relating to the Arrest of Sea-going Ships, 1952. This article traces the development of the admiralty jurisdiction of the Federal High Court and examines the scope of its jurisdiction today.

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Alloh, Bo. "An Evaluation of the Enforcement of Fundamental Rights and the Controversy of Jurisdiction of the Federal and State High Courts in Nigeria". Africa Journal of Comparative Constitutional Law 2020 (2020): 59–78. http://dx.doi.org/10.47348/ajcl/2020/a3.

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This article examines the issue of jurisdiction between various high courts on the enforcement of fundamental rights in Nigeria. Fundamental rights are derived from the constitution and are expressly entrenched in the constitution of a country. They vary from one country to another and are specifically enacted in a country’s constitution in line with the history and culture of the country. In Nigeria, jurisdiction is vested in both State and Federal High Courts with respect to the enforcement of fundamental rights. However, the jurisdiction of the State High Courts is ousted and donated to the Federal High Courts, once a case on fundamental rights falls under section 251 of the 1999 Constitution of the Federal Republic of Nigeria. The researcher adopted the doctrinal method of research. The objective of this article is to reveal that the concurrent jurisdiction of both the Federal and State High Courts to hear and determine applications to secure the enforcement of fundamental rights has led to years of seemingly unsettled controversies, academically and procedurally. However, this controversy has been settled in the case of FUT Minna v Olutayo. This article concludes that the Supreme Court decision in the case of FUT Minna v Olutayo supports the realisation of the enforcement of fundamental rights in Nigeria.

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Essien, Enefiok. "The jurisdiction of State High Courts in Nigeria". Journal of African Law 44, n.º 2 (2000): 264–71. http://dx.doi.org/10.1017/s0021855300012249.

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The jurisdiction of State High Courts in Nigeria is to be found in section 236(1) of the 1979 Constitution of the Federal Republic of Nigeria. The section provides:“236(1). Subject to the provisions of this constitution and in addition to such other jurisdiction as may be conferred upon it by law, the High Court of a State shall have unlimited jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating ot any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.”

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Wingate, Emmanuel Onyedi y Pontian N. Okoli. "Judicial Intervention in Arbitration: Unresolved Jurisdictional Issues Concerning Arbitrator Appointments in Nigeria". Journal of African Law 65, n.º 2 (5 de abril de 2021): 223–43. http://dx.doi.org/10.1017/s0021855321000103.

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AbstractParties find it difficult to determine which Nigerian High Court should intervene in the appointment of arbitrators due to conflicting judicial precedents. This perennial challenge has defied any legal solution. Considering relevant case law, this article examines the Arbitration and Conciliation Act (ACA) vis-à-vis the Nigerian Constitution. The main argument is that the Nigerian Constitution read alongside the ACA confers the Federal High Court with additional jurisdiction to appoint arbitrators regardless of which court has jurisdiction concerning the underlying dispute. There are also uncertainties regarding the intervention jurisdiction of Nigeria's National Industrial Court to appoint arbitrators. Currently, no other court can exercise intervention jurisdiction in employment disputes. This article analyses recent decisions of the National Industrial Court and argues that this Court can only intervene to appoint arbitrators where both parties request the appointment in a pending action before the Court. It is also argued that decisions concerning the appointment of arbitrators through judicial intervention can be appealed.

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Okorie, Chijioke. "Nigeria’s Federal High Court relies on physical evidence and shipping documents to invalidate registered designs". Journal of Intellectual Property Law & Practice 15, n.º 11 (28 de octubre de 2020): 860–62. http://dx.doi.org/10.1093/jiplp/jpaa155.

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Anyebe, Peter Ademu. "Tax Disputes Resolution In Nigeria: Going Beyound The Traditional Court And Administrative Resolution System". Advances in Social Sciences Research Journal 6, n.º 12 (2 de enero de 2020): 236–52. http://dx.doi.org/10.14738/assrj.612.7574.

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It is the requirement of law that tax is paid. Therefore, the discharge of tax obligation in Nigeria is not by choice. In the process of the tax authorities who are authorized under the law to collect taxes from tax payers, disputes arise. The paper reveals that in its bid to lessen the incidents of tax evasion in Nigeria, the Federal Government carried out a major reform in its tax regime. Thus, the Tax Appeal Tribunal (TAT) was established to ensure fairness and transparency of the tax system through a quick and efficient method of dispensing justice. Appeal from there lies to the Federal High Court on point of law. However, there is the unresolved problem of the constitutionality of TAT in its powers and jurisdiction in resolving tax disputes with Federal High Court (FHC). Furthermore, the paper reveals that tax disputes are not arbitrable under Nigerian law. It is the argument of this paper that although the courts are recognized as the most visible dispute arbiter, it is not always the most effective or efficient method. Therefore, it is further the argument of this paper that Nigeria’s tax objection procedures as governed by statutory rules should incorporate Alternative Dispute Resolution mechanism as practiced in other jurisdictions. The paper recommends that the necessary amendments should be made to enable TAT and FHC at their levels to encourage the use of early dispute resolution (EDR) and alternative dispute resolution (ADR), particularly mediation in the settlement of tax disputes brought before them. The introduction of VAIDS (Voluntary Assets and Income Declaration Scheme) by the Federal Government of Nigeria is in line with global best practices on non-disclosure of informal and declaration of assets. The paper concludes among others that Nigeria, as a country cannot operate in isolation, hence the introduction of ADR in its tax dispute resolution processes should be imminent and mandatory.

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Felix, Odike y Alero Akujobi. "Enforcement of Fundamental Rights in National Constitutions: Resolving the Conflict of Jurisdiction between the Federal High Court and State High Court in Nigeria". Beijing Law Review 09, n.º 01 (2018): 53–66. http://dx.doi.org/10.4236/blr.2018.91004.

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Yakubu, Sirajo. "Ude Jones Udeogu v FRN & Ors no SC. 622C/2019: its implication on fighting financial crime and the way forward". Journal of Financial Crime 28, n.º 1 (15 de febrero de 2021): 18–25. http://dx.doi.org/10.1108/jfc-05-2020-0087.

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Purpose The purpose of this paper is to show how fighting financial crime suffered a setback in Nigeria as a result of the Supreme Court ruling in an appeal case – Ude Jones Udeogu v FRN and Ors no SC. 622C/2019. Design/methodology/approach This paper is a critical analysis of the implication of Supreme Courts’ ruling in Ude Udeogu Jones, its implication to law enforcement’s effort in fighting financial crime and the way to get around the ruling. The paper adopts qualitative methods. It is conducted through the analysis of the ruling and the relevant laws. Findings Due to the ruling in UdeUdeogu Jones, Section 396(7) of the Administration of Criminal Justice Act 2015 is no longer good law. Federal High Court judges elevated to the Court of Appeal no longer have special dispensation to conclude criminal cases they part heard. Furthermore, the ruling is a serious setback on the law enforcement’s efforts in fighting corruption. However, the drastic effect of the ruling can be mitigated by amending Section 396(7). Research limitations/implications Because the ruling is very recent, analysis is based on the relevant enactments and case laws including recent decisions of the Court of Appeal and the Supreme Court. Originality/value There is no comprehensive work on this ruling. Therefore, this paper adds value to knowledge as it makes clear the background of the appeal case, as well as the impact of the ruling of the Supreme Court on fighting financial crime in Nigeria and the way to get around the ruling.

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Esoimeme, Ehi Eric. "The Nigerian Money Laundering (Prevention and Prohibition) Bill, 2016: a critical appraisal". Journal of Money Laundering Control 20, n.º 1 (3 de enero de 2017): 79–88. http://dx.doi.org/10.1108/jmlc-07-2016-0025.

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Purpose This paper aims to critically examine the Money Laundering (Prevention and Prohibition) Bill, 2016. It also aims to determine the level of effectiveness of the preventive measures in the Bill. Design/methodology/approach The appraisal took the form of a desk study, which analyzed various documents and reports such as the Financial Action Task Force Recommendations 2012, Mutual Evaluation Reports conducted by the Inter-Governmental Action Group against Money Laundering in West Africa (GIABA) on Nigeria, the judgment delivered by Justice Gabriel Kolawole of the Federal High Court Abuja and the United Kingdom’s national risk assessment of money laundering and terrorist financing. Findings This paper determined that the Bill could achieve its core objectives if the following recommendations are implemented: section 15 of the Bill should be modified to include the definition of “Arrangement”; lawyers should be allowed to send their Suspicious Transaction Report to the Nigerian Bar Association, provided that there are appropriate forms of cooperation between the NBA and the Financial Intelligence Unit, and this approach is in line with the Financial Action Task Force Recommendations; the Bill should expressly prohibit retaliation by employers against whistleblowers and provide them with a private cause of action in the event that they are discharged or discriminated against by their employers, and this approach is being adopted by the US Dodd–Frank Act; a request for customer information, by the Director-General of the Nigeria Financial Intelligence Centre, should be made pursuant to an order of the Federal High Court obtained upon an ex-parte application supported by a sworn declaration by an authorized officer of the Centre, justifying the request for customer information. Originality/value This paper offers a critical appraisal of the Money Laundering (Prevention and Prohibition) Bill, 2016. The paper will identify the strengths and weaknesses of the Bill. This is the only paper to adopt this kind of approach.

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Ladan, Abubakar. "Management and Utilisation of Judicial Records in Federal High Courts in Northwestern States of Nigeria". Procedia - Social and Behavioral Sciences 147 (agosto de 2014): 32–38. http://dx.doi.org/10.1016/j.sbspro.2014.07.096.

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Tesis sobre el tema "Nigeria. Federal High Court"

Akanji, Olugbenga Rotimi. "Incarceration of Nonviolent Offenders at the High Court in Oyo State, Nigeria". Thesis, Walden University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10742944.

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The nonuse of community correction in the Nigeria criminal justice system has led to increased recidivism, contributed to prison congestion, introduced the risk of prison victimization, and lacked the provision of a rehabilitative structure for nonviolent offenders. The purpose of this phenomenological research study was to explore Nigerian judges’ use of alternatives to incarcerations for nonviolent offenders. Dolinko retributive punishment theory provided the theoretical framework for this study. Ten participant judges comprised the study sample from a purposeful and criterion random sampling method. Data were collected from participants through structured interviews and were coded manually, sorted, and analyzed using the Saldana data coding process framework. According to study findings, judges were inclined to use alternatives to incarceration for nonviolent offenders. Also, community correction could reduce overcrowding in prisons and provide the opportunity for self-improvement for nonviolent offenders supervised in the community. The implications for positive social change include a better understanding and implementation of community corrections for Nigeria judiciary and policymakers and the use of alternatives to incarceration for nonviolent offenders, which would improve rehabilitation, reformation, and reintegration of offenders into society.

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Libros sobre el tema "Nigeria. Federal High Court"

Nigeria. Federal High Court law: Federal High Court Act, 2004 : Federal High Court (Civil Procedure) Rules 2009. Nigeria]: [Federal High Court], 2010.

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The Federal High Court: Law and practice. Enugu, Nigeria: Fourth Dimension Publishers, 1986.

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Abuja, (Federal Capital Territory Nigeria) High Court. High Court of the Federal Capital Territory, Abuja: Civil procedure rules, Decree 1989. [Lagos: s.n., 1991.

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Access to Justice (Organization : Nigeria). Balance of justice: A second report. Apapa, Lagos [Nigeria]: Access to Justice, 2007.

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Egburonu, Emmanuel. Encyclopedia of legal authorities on the law and practice of the Federal High Court in Nigeria. Lagos, Nigeria: Basic Rights Publications, 2009.

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Anambra State (Nigeria). High Court. High Court rules, 1988. Enugu: Ministry of Justice, 1988.

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Plateau State (Nigeria). High Court. High Court (civil procedure) rules. [Jos, Nigeria]: The Court, 1987.

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Bendel State (Nigeria). High Court. High Court (civil procedure) rules, 1988. Benin City: Printed by the Govt. Printer, 1988.

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Oyeleye, J. B. High Court (civil procedure) uniform rules of Nigeria. Ilorin, Nigeria: Jiddy Law Publications, 1998.

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Anambra State (Nigeria). High Court. High Court civil procedure rules, 2006. [Enugu: Ministry of Justice, 2006.

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Capítulos de libros sobre el tema "Nigeria. Federal High Court"

"The High Court and the Constitution". En A Federal Republic, 160–88. Cambridge University Press, 1995. http://dx.doi.org/10.1017/cbo9781139084932.010.

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"10. The Supreme Court of Nigeria: An Embattled Judiciary More Centralist Than Federalist". En Courts in Federal Countries, 290–327. University of Toronto Press, 2017. http://dx.doi.org/10.3138/9781487511470-013.

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FISCHMAN, JOSHUA. "The US Supreme Court and Other Federal Courts". En High Courts in Global Perspective, 44–63. University of Virginia Press, 2021. http://dx.doi.org/10.2307/j.ctv1tfw0ff.6.

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"2. The High Court of Australia: Textual Unitarism vs Structural Federalism". En Courts in Federal Countries, 29–68. University of Toronto Press, 2017. http://dx.doi.org/10.3138/9781487511470-005.

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James, Stellios. "Part VI Federalism, Ch.36 Federal Jurisdiction". En The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0037.

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This chapter identifies the origins, content, and operation of federal jurisdiction in Australia. In the United States the creation of federal jurisdiction was the necessary concomitant of the establishment of the judicial arm of federal government. The same could not be said of the conditions for Australian federalism. Federalism Australian-style did not require a federal system of courts. Further complicating the issue was the ‘autochthonous expedient’: the facility provided to Parliament for the use of State courts to exercise federal jurisdiction. Hence the chapter also seeks to suggest that the discordance between the concept and purpose of federal jurisdiction left the High Court with the challenging task of conceptualizing ‘judicial federalism’. In executing that task, High Court jurisprudence has presented differing conceptions of the place of State courts within the federal judicial system.

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Kristen, Walker. "Part IV Practice and Process, Ch.19 Authority of the High Court of Australia". En The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0020.

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This chapter considers both the foundations for, and the content of, the High Court's authority in Australia. It focuses principally on the current authority of the High Court, but with reference to some aspects of its history. The chapter first explains the Court's constitutional status as Australia's apex court, performing the role of both constitutional court and ultimate appellate court for both federal and State matters. It next outlines the institutional features of the Court that underpin its authority, in particular its composition and independence. The chapter then examines the Court's authority to enforce constitutional limits through judicial review of legislative action. Lastly, the chapter considers the Court's authority to review executive action and the constitutional foundation for that role.

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Ademokoya, Julius Abiola. "Contemporary Practices in Deaf Education in Nigeria". En Deaf Education Beyond the Western World, 19–34. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190880514.003.0002.

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This chapter chronicles the history of deaf education in Nigeria from its 1950s, its challenges over the years, and its current practices, and offers some recipes for improvement. Deaf education was pioneered by missionaries and philanthropists who opened deaf schools in specific locations of the country, from which deaf education spread to the rest of the country. When states and federal governments eventually became involved, their major concern was taking over most of the schools (although they also established some new ones) and providing policy, administrative, and funding assistance. Deaf education in Nigeria has encountered a number of challenges, such as hostile cultural beliefs and practices about deafness and deaf persons, ignorance of the benefits deaf persons can derive from schooling, a dearth of high-quality and committed teachers, and poor funding. Despite these challenges, deaf education seems to be making moderate progress in the country, as illustrated by the increasing number of schools, teachers, sign language interpreters, and other support services providers. There remains much more to be done to standardize deaf education practices in the country, and the author offers some recommendations that would reposition deaf education to achieve for more meaningful objectives and results.

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Wurster, Charles F. "Escalating the DDT Issue with More Court Cases". En DDT Wars. Oxford University Press, 2015. http://dx.doi.org/10.1093/oso/9780190219413.003.0013.

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While HEW and USDA pondered these appellate court decisions, we turned our attention to several more local DDT problems. From a New York Times article (May 3, 1970), we learned that the Olin Chemical Corporation was manufacturing about 20% of the nation’s DDT in buildings owned by the federal government and leased to Olin on the site of the U.S. Army’s Redstone Arsenal near Huntsville, Alabama. A DDT-contaminated effluent from this plant was leaking into the Wheeler National Wildlife Refuge at concentrations known to inhibit reproduction of birds and fish. The refuge also served as a drinking water supply for the city of Decatur, implying a human health hazard as well. Downriver fisherman were also eating their catch, thus concentrating DDT to higher levels as well. In October 1969, the federal Water Quality Administration had recommended a stricter pollution control standard for the Olin plant. Olin said it could not meet that standard, and the Army then overruled the Water Quality Administration’s recommendation. So on June 5, 1970, EDF, along with the National Audubon Society and the National Wildlife Federation, sued in Federal District Court against Olin, the Department of the Army, and the Corps of Engineers seeking to stop the DDT-contaminated discharge. The complaint was written by EDF’s new attorney, Edward Lee Rogers. I supplied the scientific support, which was easy, since it was similar, although steadily expanding, to the Wisconsin hearings and the USDA and HEW cases. Only three days later Olin threw in the towel! On June 8 Olin decided to close its DDT plant and no longer make DDT. DDT apparently was not worth defending. They said they had reached that decision shortly before our case was filed. True or not, it was a quick and easy victory. We needed it. We had won by winning. Even as the legal briefs went back and forth between EDF, USDA, HEW, and the appeals court, another DDT battle was brewing in California. For years scientists had been puzzled by the extremely high levels of DDT contamination along the coast of Southern California compared with other marine environments.

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Michael, Crommelin. "Part VI Federalism, Ch.35 The Federal Principle". En The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0036.

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This chapter seeks to determine the content of the federal principle in Australia from the historical context of the Constitution, the text and structure of the Constitution, and the jurisprudence of the High Court of Australia. The federal principle is a foundational element of the Constitution, along with representative democracy, responsible government, separation of judicial power, and the rule of law. The Commonwealth of Australia Constitution Act 1900 (UK) provided for the people of the six Australian colonies to be united in ‘a Federal Commonwealth under the name of the Commonwealth of Australia’, a self-governing polity within the British Empire. Hence, the chapter reveals three core ingredients of the federal principle: multiple polities, limited authority of polities, and reciprocal responsibility among polities. These ingredients are tightly intertwined.

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Akinkugbe, Olabisi D. "Towards an Analyses of the Mega-Political Jurisprudence of the ECOWAS Community Court of Justice". En The Performance of Africa's International Courts, 149–77. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198868477.003.0005.

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This chapter fills the gap in the judicialization of mega-political disputes before the Economic Community of West African States (ECOWAS) Community Court of Justice (ECOWAS Court). Judicialization of mega-political disputes in this Court has until now been understudied. Although the ECOWAS Court lacks an express mandate to adjudicate over political disputes, the Court has been innovative in assuming jurisdiction over mega-political disputes when these disputes are intertwined with actual or potential human rights violations. The Ugokwe doctrine, enunciated in the case of, Dr. Jerry Ugokwe v. The Federal Republic of Nigeria and Dr. Christian Okeke, established the “cause of action” for the judicialization of mega-political disputes before the ECOWAS Court. By examining cases that have largely remained obscure, the chapter uncovers the judicialization of political disputes, particularly of electoral cases, before the ECOWAS Court. Unlike the traditional scholarship that measures effectiveness based on compliance with the decisions of the courts, the chapter argues that the significance of the mega-political disputes judicialized before Africa’s regional courts derives from the instrumental objectives of the litigants. By incorporating the social, political, and economic contexts that gave rise to the francophone and anglophone cases analyzed, the chapter illuminates the judicialization of mega-political disputes in ways that are not wedded to the traditional analyses of the functions of regional economic courts.

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Informes sobre el tema "Nigeria. Federal High Court"

Child marriage briefing: Nigeria. Population Council, 2005. http://dx.doi.org/10.31899/pgy19.1004.

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This brief provides an overview of child marriage as well as the particulars of child marriage in Nigeria, one of the poorest countries in the world. More than two out of three Nigerians live on less than US$1 a day, and life expectancy is 52 years. The HIV/AIDS epidemic has had a devastating effect on the country, and Nigeria has some of the highest rates of early marriage worldwide. The Child Rights Act, passed in 2003, raised the minimum age of marriage to 18 for girls. However, federal law may be implemented differently at the state level, and to date only a few of the country’s 36 states have begun developing provisions to execute the law. Domestic violence is widespread and a high prevalence of child marriage exists. Nationwide, 20 percent of girls are married by age 15, and 40 percent are married by age 18. Although the practice of polygyny is decreasing, 27 percent of married girls aged 15–19 are in polygynous marriages. Included in this brief are recommendations to promote later, chosen, and legal marriage.

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