Marriage has been defined as a voluntary union between a man and a woman or women (in the case of customary marriage) for life to the exclusion of any other. In other words, it is a legal union which exists between a man and a wife(s). The practice is acceptable world over and it is usually legally recognized. In Nigeria, though there exist a statutory marriage which is monogamous in nature but most prevalent is the customary marriage. This marriage is practiced among all the tribes in Nigeria despite the fact that there exist statutory marriages. One thing that is pertinent here is that the practice of customary marriage in Nigeria has violated the human rights of the couple especially the women. The women in Nigeria have not enjoyed their human rights in their customary marriage. This is due to certain customs and traditions that do not allow for such. Among the few are undue reliance on consent of their parents. Before a marriage can be contracted female genital mutilation, the corresponding rights to bring an action for dissolution of marriage if the other party commits adultery, etc. As a result of the above (and many others) Nigerian woman is deprived of her rights. This work seeks to examine these practices which stand as hindrances to the rights of a married woman in Nigeria and therefore suggests that Nigerian women should be allowed to enjoy her basic human rights (even as a married woman) just like her husband, also that the practices in other climes where women enjoy their human rights should be imbibed in Nigeria.
The article seeks to examine the effects of the Land Use Act of 1978 on the customary system of land holding in Nigeria. Since the birth of the Act, the problem facing our courts, ordinary people and lawyers is determining the actual position of customary tenants under the system of property rights introduced by the Law. The empirical legal research method used in this study is a type of qualitative research. This method focuses on cases in the community using legal studies, while the scope of this research is the Land Use Act 1978 against the customary land tenure system in Nigeria. The results of the discussion made it clear that the Laws on Land Use and Customary Land Owners have much in common. As such, the controversies generated by these issues continue to defy consensus among our academic "egg heads" as well as learned judges in our courts. Indeed, many court decisions appear to indicate that the courts have not settled the controversy on this issue. As a result, the judicial confusion for Nigerian means of conveyance continues to this day.
The issuance of license to Jaiz bank plc as the first full-flesh Islamic bank in Nigeria to carry on Noninterest banking has generated heated debate among scholars, jurist, religious leaders and public commentators in Nigeria. Chiefly among these debate borders on the constitutionality of Non-interest (Islamic) banking in Nigeria; whether or not Islamic banking is established with the aim of Islamizing the entire Nigeria and whether or not it is meant to discriminate against Non-Muslims in Nigeria. Consequently, this work seek to appraise the legal conundrum or constitutionality of Islamic banking in Nigeria with a view to ascertaining whether or not Islamic banking is meant to Islamize Nigeria or it is meant to discriminate against non-Muslims.However the outcome of this research article shows that Islamic (Non-interest) banking is constitutional and is not meant to discriminate against Non-Muslims or Islamize Non-Muslims. Rather with the practice of dual banking (interest and non interest banking) in Nigeria, Nigerians would have the advantage of having different credit choices, the Nigerian banking sector would be more competitive thus enhance quality services, creation of more employment opportunities and would give the Nigerian government the opportunity to secure non-interest loan from Islamic development fund available globally to finance infrastructural projects. This work further concludes that the major challenge this banking system is facing in Nigeria is lack of adequate awareness about the operation of the banking system and lack of robust legal framework to adequately regulate the system. It is therefore suggested that a more comprehensive legal framework should be enacted by the Nigerian National Assembly to appropriately regulate the non-interest banking sector as well as creation of more awareness about the operation of the system through the social media, town hall meetings, newspapers and radio commentaries.
A receiver in an action is an impartial person appointed by the court to collect and receive, pending the proceedings, the rents, issues, and profits of land or personal estate that it does not seem reasonable to the court that either party should collect or receive, or to enable the same to be distributed among the persons entitled. The appointment of a receiver does not in any way affect the right to the property over which he is appointed. The court takes possession of its receiver, and his possession is that of all parties to the action according to their titles. The receiver does not collect the rents and profits by virtue of any estate vested in him but by virtue of his position as an officer of the court appointed to collect property upon the title of the parties to the action. In the case of a fixed or floating charge, receivers and managers are appointed either by the court or by the debenture holders. In this article, we shall examine the legal effects of the appointment of a receiver by the court and out-of-court systems over the property of a company. This research is carried out using textual and contextual analysis.
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