2019 POLLS RE-SCHEDULING: BREACH OR BALANCE OF THE LAW? (2) By Elizabeth Chinenyenwa Nwarueze

2019 POLLS RE-SCHEDULING: BREACH OR BALANCE OF THE LAW? (2) By Elizabeth Chinenyenwa Nwarueze

Cited in the case of Chief Anike Nwoga v National Assembly & 3 Ors. SUIT NO. FHC/EN/CS/28/2018 ABSTRACT: It is the law, that every democratic nation is marked by constant and periodical change of government. Within the exercise of this very important feature of a democracy, a number of constitutional issues may come up for analysis. Elizabeth Chinenyenwa Nwarueze In a bid to keep the democratic institution in its true sense, the nation must be circumspect not to sacrifice the…

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2019 POLLS RE-SCHEDULING: BREACH OR BALANCE OF THE LAW? By Elizabeth Chinenyenwa Nwarueze

2019 POLLS RE-SCHEDULING: BREACH OR BALANCE OF THE LAW? By Elizabeth Chinenyenwa Nwarueze

Cited in the case of Chief Anike Nwoga v National Assembly & 3 Ors. SUIT NO. FHC/EN/CS/28/2018 ABSTRACT: It is the law, that every democratic nation is marked by constant and periodical change of government. Within the exercise of this very important feature of a democracy, a number of constitutional issues may come up for analysis. In a bid to keep the democratic institution in its true sense, the nation must be circumspect not to sacrifice the extant laws on…

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TAX SERIES BY ENIOLA – SEASON I

TAX SERIES BY ENIOLA – SEASON I

TAX SERIES BY ENIOLA – SEASON 1   Episode 1- Canons of Taxation “You can have a Lord and you can have a King, but the man to fear is the Tax Collector.” Many of us today still share this sentiment of the Iraqi from almost 4 millennia ago that Tax is a necessary evil. Tax however, has a human face and is founded on important principles. Adam Smith in his work ‘Wealth of Nations’, propounded the Principles/Canons of an…

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THE RIGHTS OF AN ACCUSED PERSON UNDER THE 1999 CONSTITUTION (3)

THE RIGHTS OF AN ACCUSED PERSON UNDER THE 1999 CONSTITUTION (3)

SEQUEL TO PART ONE AND TWO. 5. Right to Defend Himself Personally or by Legal Practitioner of Choice Most persons do not even know that they have a constitutional right to defend themselves personally, in any civil or criminal matter. Section 36(6)(c) of the Constitution entitles an accused person to defend himself in person or by legal practitioners of his own choice. This means that the defendant could elect to be his own lawyer throughout the trial. In more developed…

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THE NIGERIAN COURT MARTIAL AND ITS PROCEDURES

THE NIGERIAN COURT MARTIAL AND ITS PROCEDURES

THE NIGERIAN COURT MARTIAL AND ITS PROCEDURES BY AKEJU OLUSEGUN. The Nigerian Armed Forces like any other organizations and governmental institutions was established by statutes which are the 1999 Constitution and The Armed Forces Act. Their administration is also provided for by these statutes and some others such as Section 1 of the Armed Forces Act, Armed Forces (Disciplinary Proceedings) (Special Provisions) Act, Armed Forces Pensions Act, Army Colour (Prohibition of Use) Act, various Statutes of General Application and other…

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LIMITATION PERIOD: CHECK THE TIME YOU HAVE TO ENFORCE YOUR RIGHTS

LIMITATION PERIOD: CHECK THE TIME YOU HAVE TO ENFORCE YOUR RIGHTS

Not every action or claim is worth instituting in a court of law. Often times it is discovered that a plaintiff or claimant’s claim is dead on arrival due to the inadvertence of the plaintiff himself or his counsel. If such plaintiff is lucky to have a good counsel who has discerned and considered preliminary issues in the case before instituting an action, such plaintiff would be saved from the stress and hassle of having his suit thrown out even…

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Apply For The Open Society Foundations 2019-2020 Aryeh Neier Fellowship Program ( London, Budapest, New York) -Developmentconnection

Apply For The Open Society Foundations 2019-2020 Aryeh Neier Fellowship Program ( London, Budapest, New York) -Developmentconnection

Background The Open Society Foundations Justice Initiative is pleased to invite applications for its 2019-2020 Aryeh Neier Fellowship Program. The Justice Initiative, an operational program of Open Society, uses litigation and other forms of legal advocacy to empower people, defend the rule of law, and advance human rights. Through litigation, advocacy, research, and technical assistance, the organization promotes and defends accountability for international crimes, combat racial discrimination and statelessness, support criminal justice reform, challenge abuses related to national security and…

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THE RIGHTS OF AN ACCUSED PERSON UNDER THE 1999 CONSTITUTION (2)

THE RIGHTS OF AN ACCUSED PERSON UNDER THE 1999 CONSTITUTION (2)

Continued From the previous post.

2. Right to be Presumed Innocent

Section 36(5) of the 1999 Constitution provides clearly that an accused person is at all times presumed innocent until he is proven guilty. This means that there is no duty on the accused or defendant to prove his innocence as the law already presumes him to be guiltless unless and until he is proven otherwise. The prosecution therefore has a duty of proving the guilt of the accused or defendant beyond reasonable doubt.

MARITAL RAPE AND ASSAULT

MARITAL RAPE AND ASSAULT

This comes up for consideration in a scenario such as this: Where he keeps beating his wife. She feels wronged but thinks there is nothing one can do about it.
Here is something, such a man can be sued successfully for the offence of assault.
If you are in an abusive relationship and you do not do something about it, you are endangering yourself. Violent behavior towards one another is wrong no matter who does it and family members are not exempted!

THE RIGHTS OF AN ACCUSED PERSON UNDER THE 1999 CONSTITUTION (1)

THE RIGHTS OF AN ACCUSED PERSON UNDER THE 1999 CONSTITUTION (1)

In very simple words, an accused is any person who has been charged with a criminal offence either by the Attorney General of the Federation or State; the Inspector General of Police; Commissioner of Police; the Economic and Financial Crimes Commission; National Drug Law Enforcement Agency or any other law enforcement agency. The Administration of Criminal Justice Act 2015 (hereinafter called “the ACJA”) refers to an accused person as a Defendant. Thus, using the word Accused or Defendant refers to one and the same thing.