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Oct 30, 2013

LIBEL & SLANDER: TO DEFAME ANOTHER



The recent rise in Nigeria’s online activity has brought about a new way of sharing information, social media and blogging have become mainstream sources of information for anything from breaking news to entertainment news, and even gossip.  With over 11 million Nigerians on facebook, twitter and many blogspots springing up daily, Nigeria is now a major player in the social media digital world. 

With the constant live streaming

Oct 28, 2013

SYRIA IMBROGLIO: APPLICABILITY OF INTERNATIONAL LAW RULES AND PRACTICE




SYRIA IMBROGLIO: APPLICABILITY OF INTERNATIONAL LAW RULES AND PRACTICE:
by 
Dr. Theophilus Olusegun Obayemi, II*
 
 I.          Introduction
 We re-examine the United States-led intervention in Syria. First, our thesis is that within the context of the International Court of Justice (“ICJ”)’s decision in Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Jurisdiction and Admissibility, 1984 ICJ REP. 392 June 27, 1986.—there has actually been “interventions” by the United States and its allies inside the Syrian borders. Second, we argue that the United Nations General Assembly (“UNGA”) ought to have requested the ICJ to issue an Advisory Opinion on the legality and/or lawfulness of the United States and French-led intervention in Syria. Third, humanitarian intervention towards preventing genocide and serious violations of humanitarian rights is now a jus cogens, which does not need a United Nations Security Council’s Resolution. In a nutshell, the UNGA should have taken over the jurisdiction of the Syrian case over and above the need for a Chapter VII Security Council Resolution.

Oct 25, 2013

419 SCAMS: HOW TO GET YOUR MONEY BACK




Under Nigerian law, fraud is both a crime and a tort. Facts of a transaction leading to economic loss can also give rise to criminal prosecution by the law enforcement agencies for the offence of fraud. Both the tortuous claim and the criminal prosecution can be pursued against an individual simultaneously. The tort of fraud in Nigeria follows the common law fashion and may be founded on three heads, namely, conflict of interest, Fraud and deceit, and unjust enrichment. The crime of fraud may take the following forms:

  1. Obtaining property (i.e. goods or credit) under false pretence prohibited and punishable by Sections 419 and 419A of the Criminal Code, Laws of the Federation of Nigeria 2004 (“CC 2004”) with three (3) years of imprisonment. Where the value of thing obtained by false pretence is higher than N1,000.00 (One Thousand Nairan), the offender will be liable to seven (7) years of imprisonment;
  2. Forgery prohibited and punishable

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Oct 20, 2013

THE YOUNG LAWYER; FRUSTRATIONS OF PUPILAGE

I've had it in mind to write an article that concerns my primary constituency as it were for quite some time now, however I’ve dilly-dallied about how appropriate some of my thoughts may sound “on this topic”, about what qualifies me to write this (considering this is my third year of legal practice), and most of all whether or not I’m absolutely certain about some of the opinions I intend to share here. The same things that seem to be my weakness are the exact reasons afterall why I should give this a shot, if not for more than the little joys criticisms afford. I am one of you, that’s all the qualification required of me to write this, the remaining I throw in the pocket of time, to prove if I am right or otherwise.

Law is a noble profession, it is a profession that sets you apart from the educated, the dignity, the prestige,

Oct 19, 2013

WHAT FREEDOM OF EXPRESSION MEANS TO ME


Every person shall be entitled to freedom of expression, including freedom to hold opinions - Section 39, 1999 constitution, Federal Republic of Nigeria. I will like to tell you what the term freedom of speech means to me but before i share with you my personal i deologies on the subject, allow me to give you a little bit of background. I am sure you must have heard of the term "freedom of speech" at one time or the other. Democracies have long grappled with the issue of the limits, if any, to place on the expression of ideas and beliefs. The dilemma dates back at least to ancient Greece, when the Athenians, who cherished individual freedom, nevertheless prosecuted Socrates for his teachings

Oct 15, 2013

NATIONAL HAJJ COMMISSION OF NIGERIA (NAHCON)

NAHCON is an Act to repeal the Nigerian Pilgrims Commission Act Cap. 321, Laws of the Federation of Nigeria, 1990 and establish the National Hajj Commission of Nigeria to be charged with the responsibility of licensing, regulating, performing over-sight, and undertaking supervisory functions over agencies and other bodies; and for related matters. According to Section 2 of the Act, the Commission shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its name

Oct 12, 2013

NIGERIA CHRISTIAN PILGRIM COMMISSION ACT

The NIGERIA CHRISTIAN PILGRIM COMMISSION ACT commenced on the 28th of May, 2007. It is an Act to re-organise the role of the Federal Government in the co-ordination of Christian pilgrim matters, the consequential repeal of the Nigerian Pilgrims Act, 1989 and to establish a National Pilgrim Commission that will license, regulate,perform oversight and supervisory functions over other bodies and agencies and for related matters. Enacted by the National Assembly of the Federal Republic of Nigeria, it has a sister act in the NATIONAL HAJJ COMMISSION OF NIGERIA (NAHCON)

Oct 7, 2013

NIGERIAN INDIAN HEMP ACT

An Act to make the planting, cultivation, importation, etc. of Indian hemp an offence and to make provisions for other related matters. [1966 No. 19. 1984 No. 27.]
The use of hard drugs in Nigeria is prohibited by law. News reports are filled with various suspects who are paraded by the police for being in possession of these criminal drugs. A common drug reportedly used in Nigeria is what is widely known as marijuana. Many Nigerians know the drug is prohibited but most do not know that there actually exist a legislation that prohibits its use in Nigeria. This article gives an introduction to the Nigerian Indian Hemp Act.