Browsing by Author "Adebimpe, Razaq Justice"

Now showing 1 - 9 of 9
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    Abolishing Res Gestae: An Analysis of Facts Admissible Under Section 4 of Evidence Act 2011
    (Department of Private and Public Law, Chukwuemeka Odumegwu Ojukwu, Universty, Igbariam Campus, 2018-09-12) Adebimpe, Razaq Justice
    This paper analysed, in the Nigerian context, the English doctrine of Res gestae. It examined in material details, the distinctions between the provisions of the repealed and the new Evidence Acts with respect to admissibility of the doctrine in Nigeria. It is found that the extant Act accommodates reception, only of evidence admissible by virtue of legislations validly in force in Nigeria as opposed to the erstwhile Act which allowed facts admissible by other rules, including the received English Common Law. It is argued that the new Act has signaled the ‘Demise’ of or an end to continuing admissibility of the doctrine in Nigeria. It is submitted that, the doctrine is no longer; even indirectly, part of the corpus of Nigerian law, and as a final point it is established that though certain court decisions would be differently decided today, the abolishment of the doctrine is one of no significant consequence given that the new Act makes admissible, relevant facts, even if occurred ‘at different times and places’, the doctrine therefore merely ‘gave up its the ghost’ as res gestae but reincarnated in a superlative form as facts admissible under section 4 of the Evidence Act 2011.
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    An Appraisal of the Legal Framework for Environmental Protection in Nigeria
    (Faculty of Law, Nnamdi Azikiwe University, Awka, 2011-04) Adebimpe, Razaq Justice
    As the most recent and comprehensive statutes on environmental matters in the country, an understanding of the substantive and some procedural aspects of the NESREA Act (No.25 of 2007) as well as the Agency established thereunder is a necessary predicate to the study and practice of environmental law. This paper is therefore dedicated to highlighting and examining the provisions of that Act, and to critically appraise its adequacy, efficiency and utility or otherwise, with a view to suggesting possible amendments thereto, in order to ensure an effective pollution control and to meet the challenges posed by globalization. In appraising the Act, emphasis is placed on the issues of Environmental Impact Assessment and Statements under the statutory powers of the Agency, enforcement methodologies and penalties with a view to determining their effects at preventing environmental abuses. In the final part of the paper far reaching recommendations are made for improved statutory regulations.
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    An Appraisal of the Legal Framework on Environmental Protection: Kwara State As A Case Study
    (Department of Jurisprudence and International Law, Kogi State University, Ayingba, 2010-04-01) Adebimpe, Razaq Justice
    The starting Kwara State Environmental Protection Agency Law is the starting point of the state plan of actions on environmental protection. Although preceded by some earlier environmental statutes prohibiting specific activities, these were far cry from what substantive environmental protection law should be. The KWEPA law, with ab far more pervasive and sweeping effect presents the legal sign post for essential considerations of the state policy on the environment. It is against this background that this paper is dedicated to highlighting and examining the provisions of the law and to critically appraise its efficacy and utility The paper highlight the provisions of KWEPA Law and to critically appraise its adequacy, efficacy and utility or otherwise with a view to suggesting possible amendments thereto in order to ensure an effective pollution control in the state and to meet the challenges of globalization. In appraising the law, emphasis is placed on the issues of Environmental Impact Assessment/Statement under the statutory powers of the Agency, enforcement methodologies and penalties with a view to determining their effects at preventing environmental abuse.
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    An Assessment of the Relevance of Proper Custody in Nigerian Law of Evidence
    (Department of Public Law, Kogi State University, Ayingba, 2010-04-12) Adebimpe, Razaq Justice
    This article evaluates the relevance of proper custody of documents evidence in the Nigerian law of evidence. It examines the contending positions and stated what should be the correct position on the issue.
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    Commentaries on Selected Judgements of Hon. Justice MMA Akanbi: Olufemi v The State
    (Faculty of Law, University of Ilorin, Ilorin, 2015-04-12) Adebimpe, Razaq Justice
    Provocation is arguably a mitigation of punishment in homicide cases. The defence stands on the law’s recognition of human frailness, for the law acknowledges the reality that man is predisposed to failure of restrain while angered. According cognizance ought to be taken of this in meting out sentence. In spite of this reality however, principles concerning the defense appear to be easily glossed over. In the same vein, a notion had been peddled, often with some aura of unwarranted inviolability that the prosecution is bound to call, at the trial, all the available witnesses in the case in order that the whole of the facts may be before the court. Be that as it may, this paper reviews the Court of Appeal decision in a case which covers these two subjects and examined some issues missed out by counsels or overlooked by the court if any.
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    Constraints in the Application of Islamic Law of Inheritance in Nigeria
    (Faculty of Law, University of Ilorin, 2008-07-12) Adebimpe, Razaq Justice
    This article analysed the position accorded Islamic law of inheritance in Nigeria corpus juris via the tests of repugnancy and incompatibility. This is with a view to pointing out the manifest absurdity therein. The article illustrated, with decided cases, the negative attitude of the courts towards enforcing Islamic law; condemned the fallacy of classifying Islamic law as a native law and custom and called for reconsideration of the status thereof in Nigeria.
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    Criminal Summons: Law and Practice in Nigeria
    (Faculty of Law, Adekunle Ajasin University, Akoko-Akungba, 2010-03-12) Adebimpe, Razaq Justice
    The first step in criminal trials is to secure the attendance in court of an alleged offender. This may be ensured by the issuance of summons. By issuance of summons a trial court can compel the appearance before it of any person(s) accused of an offence. This article assessed, inter alia, the law, practice and procedure guiding execution of summons in Nigeria.
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    Effect of Retracted Extra-Judicial Statement of Witnesses in Nigerian Courts
    (Department of Private and Islamic law, University of Abuja., 2011-03-12) Adebimpe, Razaq Justice
    This article examined the effect of the case of R v Golder, in which the statement of the inconsistent rule was made in relation to the evidence of a witness to the prosecution. It is argued that, notwithstanding that an accused person is a competent witness, the rule was formulated to apply only to a retracted extra-judicial confession of an ordinary witness and the rule is not to be expanded to cover a retracted extra-judicial confession of an accused person.
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    A Revisit to the Question of Proper Custody of Documents
    (College of Law, Novena University, Ogume, 2018-08-12) Adebimpe, Razaq Justice
    One forensic battle amongst counsels is objection against admissibility of documentary evidence on the ground that it did not emanate from “proper custody”. A related objection is that the witness through whom a document is sought to be tendered was not its maker. This paper, therefore, revisits the question of the relevance of proper custody of documents in Nigeria’s evidence law. The study involves an in depth content analysis of statutes, case laws, texts and journal articles. Findings of the study are that how and from where a document is obtained may not affect admissibility or credence to be attached thereto. It is concluded that in so far as a document is relevant and does not offend the rule against hearsay, th requirement as to proper custody or that the maker of the documents be invited to testify to the correctness of its contents is dispensible.