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LearningTheLaw > Legal News & Articles (Page 22)

Attempt in Nigerian Criminal Law: Understanding Section 4 of the Criminal Code

Attempt in Nigerian Criminal Law: Understanding Section 4 of the Criminal Code

When Does Trying to Commit a Crime Become a Crime Itself? What if someone tries to kill you but the gun jams? What if a thief breaks into your house but runs away before taking anything? What if someone plans to rob a bank but gets arrested while loading their getaway car? In each case, the full crime wasn't completed. But should the law wait until harm actually occurs before intervening? Nigerian criminal law says no. Through the offence of Attempt, the law punishes those who try to commit crimes, even if they fail. This guide explains everything about attempt under Section 4...

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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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Mutual Mistake and Common Mistake in Nigerian Contract Law

Imagine you agree to buy a car from someone, and both of you believe the car exists in the seller's garage. Unknown to either of you, the car was stolen the night before. Can this agreement be enforced? This scenario illustrates one of the most important defenses in contract law: mistake. In Nigerian contract law, mistake occurs when one or both parties enter into a contract based on a false belief about important facts. Not every mistake will allow you to escape a contract, but certain types of mistakes are serious enough to make the contract either void (invalid from the...

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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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Ministerial Responsibility in Nigeria: Doctrine, Application and Constitutional Framework

Ministerial Responsibility in Nigeria: Doctrine, Application and Constitutional Framework

Ministerial responsibility is a fundamental constitutional doctrine that governs the conduct and accountability of ministers in democratic systems. Every act of government is usually done through ministers and their ministries, departments, offices and agencies under the ministry. This doctrine ensures that government officials remain accountable for their actions and policies, both individually and collectively.1 WHO IS A MINISTER? A minister is:2 A person at the head of a ministry or department of State Usually a member of Cabinet and holds the highest office in the ministry A political appointee with his or her tenure in office at the pleasure of the appointor,...

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Constitutional Development in Nigeria: From Colonial Rule to Independence (1849-1960)

Constitutional Development in Nigeria: From Colonial Rule to Independence (1849-1960)

Nigeria's constitutional development is a fascinating journey through colonial administration to eventual independence. Understanding this evolution is crucial because many features of Nigeria's current constitutional framework can be traced back to these formative years. The path to independence was not direct or smooth – it involved multiple constitutional experiments, each building upon or reacting to the previous one. THE EARLY PERIOD: PRE-1914 Before 1914, there was no unified Nigeria. What existed were separate colonial territories administered by Britain. The territory that would become Nigeria consisted of: The Colony of Lagos (established 1862) The Protectorate of Southern Nigeria The Protectorate of Northern Nigeria Each...

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Citizenship in Nigeria: Acquisition, Dual Citizenship, Renunciation and Deprivation

Citizenship in Nigeria: Acquisition, Dual Citizenship, Renunciation and Deprivation

According to the Black's Law Dictionary, citizenship is defined as the status of being a citizen, the quality of a person's conduct as a member of a community. A citizen is a person who, by either birth or naturalization, is a member of a political community, owing allegiance to the community and being entitled to enjoy all its civil rights and protections; a member of the civil state, entitled to all its privileges.1 The word citizenship is often used interchangeably with "subject", "individual", and "nationality". It has been defined as pertaining to a person who under the constitution and the laws...

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Constitutional Conventions in Nigeria: Principles, Application and Landmark Cases

Constitutional Conventions in Nigeria: Principles, Application and Landmark Cases

Britain operates an unwritten constitution and many of the operations of the government do not have formal legal documentation. Hence, there are conventional rules guiding the operations of the government and its relationship with the sovereign/crown. The Cabinet and the Prime Minister/Parliament are conventional institutions, and the formal rules of the constitution only deal with marginal aspects of these institutions.1 Constitutional conventions are the non-legal rules of governmental operations. Not only do conventions supplement the legal rules, some of them are significantly constitutional rules.2 Think of conventions as unwritten customs that everyone in government follows, even though there's no law forcing...

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