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Educational Articles

LearningTheLaw > Educational Articles (Page 3)

Bona Fide Claim of Right in Nigerian Criminal Law: Understanding Section 23 of the Criminal Code

Bona Fide Claim of Right in Nigerian Criminal Law: Understanding Section 23 of the Criminal Code

When Does an Honest Belief in Ownership Prevent Criminal Liability for Property Offences? Imagine you take your neighbor's generator because you genuinely believe it's yours—perhaps you lent one to them years ago, and this looks identical. You're arrested for theft. Can you be convicted if you honestly thought the generator belonged to you? This is where the Bona Fide Claim of Right defence comes in. It's a legal recognition that property disputes are often messy, confusing, and honest people can genuinely disagree about who owns what. Nigerian law won't criminalize you for taking property you honestly believe is yours—but only if your...

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Alibi in Nigerian Criminal Law: The Defence of Being Elsewhere

Alibi in Nigerian Criminal Law: The Defence of Being Elsewhere

Understanding the Radical Defence That Can Destroy the Prosecution's Case Completely Have you ever watched a crime thriller where someone accused of murder proves they were at a restaurant across town when the crime happened? That's alibi in action. But in real Nigerian courtrooms, claiming "I wasn't there" isn't as simple as it sounds. The law demands precision, corroboration, and timely disclosure. Get it right, and you walk free. Get it wrong, and your alibi "collapses like a pack of cards." This guide explains everything you need to know about the defence of alibi under Nigerian criminal law—what it is, how it...

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Non Est Factum in Nigerian Law: When Can You Escape a Signed Contract?

Non Est Factum in Nigerian Law: When Can You Escape a Signed Contract?

Have you ever signed a document without fully understanding what it was? Perhaps you were told it was one thing, but it turned out to be something completely different? In Nigerian contract law, there's a legal defense called "non est factum" that can protect you in such situations—but only under very specific circumstances. This guide explains what non est factum means, when you can use it, and how Nigerian courts decide whether someone can escape a contract they signed by mistake. What Does Non Est Factum Mean? Non est factum is a Latin phrase that literally means "it is not my deed." It's...

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FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY IN NIGERIA: AN ANALYSIS OF CHAPTER II OF THE 1999 CONSTITUTION

FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY IN NIGERIA: AN ANALYSIS OF CHAPTER II OF THE 1999 CONSTITUTION

One of the most significant innovations in Nigeria's constitutional development is the inclusion of Chapter II on Fundamental Objectives and Directive Principles of State Policy. This chapter, spanning sections 13 to 24 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), represents a bold attempt at constitutionalizing socio-economic rights and setting out the guiding principles for governance in Nigeria.1 The chapter contains provisions on political, economic, social, educational, environmental, cultural objectives. Understanding these provisions requires familiarity with the broader sources of constitutional law in Nigeria, national ethics, and the duties of citizens. It essentially defines the relationship between...

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Marriage and Divorce Law in Nigeria: Complete Guide to Grounds, Procedures, and Legal Requirements

Marriage and Divorce Law in Nigeria: Complete Guide to Grounds, Procedures, and Legal Requirements

Nigerian matrimonial law provides a comprehensive framework governing how marriages begin, how they're maintained, and when necessary, how they can legally end. Whether you're planning to marry, experiencing marital difficulties, or considering divorce, understanding these laws protects your rights and helps you make informed decisions. This guide explains everything you need to know about marriage types, divorce procedures, and legal requirements in Nigeria. Understanding the Three Types of Marriage in Nigerian Law Nigeria recognizes three distinct marriage systems, each with its own legal framework, requirements, and implications. Think of these as three different "contracts" you can enter into, each governed by different...

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Hohfeldian Legal Concepts: Understanding Rights and Duties

Hohfeldian Legal Concepts: Understanding Rights and Duties

Why This Matters Concepts play a significant role in the legal process. Most legal rules and principles are explained in terms of juridical concepts, prominently among which are the concepts of rights and duties.[1] As Ronald Dworkin observed: "Lawyers lean heavily on the connected concepts of legal right and legal obligation. We say that someone has a legal right or duty, and we take that statement as a sound basis for making claims and demands, and for criticizing the acts of public officials. But our understanding of these concepts is remarkably fragile, and we fall into trouble when we try to...

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