Browsing by Author "Imam, Ibrahim"

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    Combating Corruption in Nigeria the Role of Legislature Examine
    (University of Ilorin Law Journal, 2009) Imam, Ibrahim; Abdulraheem-Mustaph, Mariam A
    there is no doubt that crime of corruption in government threaten the moral intergrity of a nation and hamperd development, this thus make of discuss very interesting especially looking at global effect of corruption on democracy and development generally. it is apposite to state that some statutes defined or listed acts that constitute corruption in Nigeria, this paper examine critically the legislative synergy on fighting corruption in term of legislation, legislative functions and policy measures.anti-graft
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    Commentary on the case of Gandeoron V Aker Bashi (Appeal No CA/J/31/85)
    (University of Ilorin Law Journal, 2015) Imam, Ibrahim
    The paper examined the significance of court exercise of discretionary power to grant an extension of time to file an Appeal from the analysis of Court of Appeal decision in Gandeoron Orakaa v Aker Bashi. It posited that the importance of providing remedy for every aggrieved individual cannot be understated. Constitutional right, including the right to fair trial and hearing and court's duty to see that justice is done to parties may seek to serve many purposes. The paper concluded that a sacrosanct principle of justice among them is protecting individuals from unjustified use of overweening of court's discretionary power in matters.
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    Commentary on the case of Isaac Adebayo & ORS V Ersus Tade Sokoye (Suit NoFCA/1/75/77
    (University of Ilorin Law Journal, 2015) Imam, Ibrahim
    The paper analysis the judgment in the case of Isaac Adeboye v Ersus Trade Sokeye on family land disputes whether presented in the context of a suit for sale, partition, trespass or ownership, a corporate fight or a probate or trust case, are matters of the heart and law. They present challenges for how emotions and family dynamics are to be weighed against and balanced with legal rights and obligations. A Judicial decision or legal mandate may inadvertently address the underlying family land conflict or fully resolve the dispute. The desire to resolve disputes and preserve the family land and relationship is deeply embedded. In most of the family disputes there is a dissonance between wanting to win by being proven right and desire to make peace within the family. The paper concluded that the role of the judiciary is to help resolve the disputes within the confine of the law and allow justice prevail.
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    Conceptualizing Legal Education for Sustainable Development: the Nigeria Perspectives
    (Joseph Ayo Babalola University Law Journal, 2014) Imam, Ibrahim
    Sustainable development programmes must be considered within three spheres of sustainability that is the environment, society, economy and the underlying dimension of culture. Imperatively, the ideas such as equality among generations, peace, poverty, reduction and environmentally preservation are very importance when considering this three spheres. Instructively therefore, since sustainable development addresses the local contexts of this three spheres, it takes different connotations when considering its various implications. However, scholars have expressed serious concern that the legal education syllabus has not given sustainable development a tokenistic place on the curriculum of law faculties in Nigeria. In view of this, the paper which is essentially doctrinal and library based addresses the challenges identified above and how legal education can be deployed for sustainable development. It further explores the value of legal education as a basis for sustainable development. The paper focuses on the conceptualizing and repositioning legal education for sustainable development as against mere acquisition of literacy of other skills. It argues that the integration of sustainable development in law curriculum Nigeria is limited. The paper concludes highlighting the opportunities available in the market if legal education is properly positioned and the law curriculum tailored alongside lifelong learning and training for sustainable development.
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    Corruption in Nigeria: A call for an aggressive Legal Solution
    (Journal of International law and jurisprudence, Nnamdi Azikwe University, 2010) Imam, Ibrahim; Abdulraheem-Mustaph, Mariam A
    Corruption has been an issue which has equally become an obstacle to the achievement of a better, efficient and effective economic development and virile democracy globally. Corruption is not exclusively economic phenomenon but manifest in every facet of our lives, in political processes and other sectors like industries, banks, government establishments/institutions, law enforcement and Judicial system, legislative assemblies, that is to say private and public sectors. This article will proffer aggressive legal solution as a panacea to this hydra-headed canker worm.
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    Current status of electoral law in Nigeria
    (Journal of Public and International Law, College of Law, Al-Hikmah University, 2017) Imam, Ibrahim; Egbewole, Wahab O
    The paper investigates the electoral law and elections in Nigeria with particular focus on exposing the mechanism for achieving credible elections to consolidate and sustain the country's nascent democracy. The authors are motivated on the fact that over the years, Nigeria continues to witness with growing disappointments and apprehension on the country's inability to conduct peaceful, open, free and fair elections whose results are widely accepted and respected across the country. It argues that the problem confronting election in Nigeria cannot be divorced from the laws regulating electioneering processes and which problems have historic in nature before, during and after independence. The paper found that the current position of law regulating elections processes in Nigeria have many shortcomings, consequently there's need for reform.
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    Developing the Law through Judicial Activism in Nigeria: Judicial Departure from Established Precedent Perspective
    (Novena University Law Journal, 2019) Imam, Ibrahim
    The powers and limitations of government institutions in Nigeria are defined in the constitution. The institution exercise separate powers and from this perspective, the primary duty of legislature is to legislate for peace and good governance of the country, the executive executes law and the judiciary enforces the law, settles dispute and interpret the constitution and statues. Through their functions, judges pass judgments including in new or novel situations, which in turn become precedents. However there have been arguments concerning the departure of courts from the established precedent within the context of the judicial activism. This investigation which is purely doctrinal relies on primary and secondary sources for information. The paper examines the development of law through the concept of judicial activism. The paper consist of five (5) parts; (i) the introductory part, (ii) the conceptual analysis of judicial activism.(iii) the conceptual analysis of judicial precedence. (iv) judicial precedence or state decision as metric for measuring judicial activism and (v) the conclusion. The paper established that judicial departure from a wrongly decided matter or a decision reached per incuriam, even if it is an established precedent is appropriate.
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    Impact of Judiciary on the Nigerian Social and Economic Development
    (Journal of International law and jurisprudence, Nnamdi Azikwe University, 2019) Imam, Ibrahim; Egbewole, Wahab O
    There is universal agreement that judiciary has and is playing a roles in realm of social and economic development as an independent arbiter particularly in the enforcement of rights. Consequently, cre3ating accountable and impartial court system that will be responsive to public need is not enough but most also be efficient and accurate to ensure government is responsive its constitutional obligations, secure property rights, reduce uncertainty, and promote social and economic development. Incidentally, in this new democracy, Nigeria has extends the areas of economic and social development to creative applications of the law. This is because economic and social development depends on an effective legislation and judicial system. Against this background, this article attempts to discuss linkage and impact of judicial experience in economic development.
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    Judicial attitude to semantic and grammatical ambiguities in law
    (Kogi State University Bi-annual Journal of Public Law, 2010) Imam, Ibrahim; Abdulraheem-Mustaph, Mariam A
    Words are integral component of language and language is an indisputable tool of expression. It is through language we communicate and pass instruction across. Language may take form of sign, writing or oral expressions. However, be it sign, written or conversational, the need may arise for the explanation and or interpretative effort for proper understanding of the word and meaning it convey. For example, literary critics, who appraise literary work of arts, need to interpret. A historian, who engages in the work of trying to understand or furnish a reckoning of past, events and roles of personalities, do interpret and give meaning out of what may be considered happened by accident or chance. This equally applies to judges saddled with judicial powers when faced with ambiguous word in statue to invoke their powers under the constitution to interpret and bring out the intent of the maker. When we discuss semantic and grammatical ambiguities in law, therefore, we are talking about word in its usage and the meaning it convey to the listeners, as intended by the maker(legislature) and judicial business in giving or interpreting the words as used. Thus, the focus of this article is to examine the relation between law and English language and the attitude of court in its authoritative interpretative jurisdiction to find the meaning and intent of the legislature where there is or no grammatical ambiguity therein and suggestion on ways to avoid ambiguity in statue.
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    Law and Politics of impeachment in Nigeria: interrogating the basis of judicial control of a political process
    (Centerpoint Journal of Humanity Edition, Unilorin Library Publication, 2014) Imam, Ibrahim; Alabi, Abdulmajeed O A
    Contrary to the widespread perception, the widely-acclaimed change in attitudes of the Nigerian courts towards the political process of impeachment is not a product of any material differences in the texts of the provisions of the 1979 and the current 1999 Constitutions. Rather, the shift from complete detachment to measured intervention in the legislature's exercise of its constitutional powers to remove chief executives of government was a policy somersault by a judiciary that risks being consigned to irrelevance in the face of growing and wanton disregard for due process by the political organs of government in the discharge of their constitutional duties. While the paper canvasses judicial enforcement of constitutionally sanctioned obligations for sustenance of a democratic system under the rule of law, the authors concluded that the political character of impeachment proceedings necessarily foists on the judiciary the need to exercise caution and ensure that it's interventionist policy does not draw it into an arena it is least fit to operate.
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    The Legal Regime of Customary Arbitration in Nigeria Revisited
    (Confluence Journal of Jurisprudence and International law,Department of International Law, Kogi State University, 2010) Imam, Ibrahim
    This paper examines the practice of arbitration in settlement of disputes under customary laws in Nigeria that is, Islamic law and the native law and custom, the historical background, the legal status of the process under the Nigerian law and the effect of the award in dispute resolution, the advantages of effective utilization of customary arbitration, shortcomings and way forward shall be looked into. The paper becomes relevant at this point in time in view of the current upsurge and global acceptance of alternative dispute resolution system in dispute settlement.
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    An Overview of the Concept of Legislative Assembly's immunity in Nigeria
    (Akungba Law Journal, Faculty of Law, Adekunle Ajasin University, 2009) Imam, Ibrahim; Abdulraheem-Mustaph, Mariam A; Olookoba, Saka Muhammed
    In virtually all established and emerging democratic nations in the world today, there is some sort of immunity from prosecution for members of the Legislature, Congress, Bundestag or Parliament, often these rights are addressed in a country's constitution or statute. the legitimate purpose of this immunity is to allow legislators to freely express themselves and adopt policy position without fear of politically motivated retribution or molestation. this paper does examine legislative immunity in Nigeria, the justification for same putting in mind the fact that legislative business in modern democracy is now enormous and demanding. it concluded that immunity for legislature is ssignificant to guarantee free and progressive legislative business for development.
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    An overview of the law, practice and prospects of African Development Bank
    (EBSU Journal of International Law & Judicial Review, Faculty of Law, Ebonyi State University, 2014) Imam, Ibrahim; Olookoba, Saka Muhammed; Olatoke, J. O.; Ijaiya, N. O. A
    One of the concerted efforts of African treaties aimed at economic integration was the establishment of the African development bank (AFDB). The bank was established for the purpose of promoting economic and social development in Africa by providing loans and grants to African government regional member countries (RMC’s). However, as lofty as this aims are, there are some teething clogs barricading the functionality of the African development bank. The thrust of this paper therefore is to examine the origin and development of the bank vis-à-vis the law regulating its operations. In the final analysis, the paper posits that the working together of the African development bank. African development fund and Nigerian trust fund with other international organization like world trade organization (WTO) and the international monetary fund (IMF) would shape and accelerate the actualization of the functionality of the African development bank internationally.
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    Principle of human rights: a comparative analysis of the Islamic and Western legal conception of the rights of an unborn child
    (Journal of Public Law and Constitutional Practice, Department of Public Law, Faculty of Law, University of Jos, 2013) Imam, Ibrahim
    This paper examines the rights of an unborn child from the legal perspectives of both the Islamic and western ideological perspectives. It contends that since the life of human being begins from conception and as a measure of protection of the unborn child Islam appears to extend more consideration to it than western legal systems. This perception is based on an exploration of the Islamic and western ascription of life at various stages of conception. The paper, thus, concludes that an unborn child enjoy some rights that also transcends its existence even if it eventually becomes stillbirth.
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    Reflecting on Military Myth and Judicial Intervention in Nigeria:Judicial Activism or Passivity in Construing Military Decrees
    (University of Maiduguri Law Journal, 2015) Imam, Ibrahim
    A most prominent debate on system of government around the world concerns the relationship between democracy and military rule. It has been argued that shared democracy allow citizens participation in governance, observance of rule of law and respect of fundamental right, whereas military system of government maintain the apparent authoritarian rule without respect for rule of law and fundamental rights and peace is spurious. Moreover, even among those who believe that democracy offers citizens participation in governance, observance of rule of law and respect for fundamental right, strong disagreement remains over the mechanism for driving it. It is contended that military style of government prevents judiciary the necessary independence for resolving inevitable controversies satisfactorily due to ouster of its jurisdiction usually inserted therein the decrees. The surgeon in this paper is the examination of the myth of the military and the role of the judiciary in disputes settlement and attitude to decrees in view of the ouster clauses. The paper examines whether the judiciary has been active or passive in its functions and protection against human rights violation in the military era. The paper traces the history of military rule in Nigeria and the system of government within this period, moreover; our case laws’ experiments allow us to investigate the position of the judiciary as casual mechanisms against the threat and violation of human rights. Using landmark judgments in our analysis, this paper reveals stronger support for judicial activism perception and courageous attitude of the Nigerian courts against aberration of law. Our findings shed light on the need for the political actors to play by the rule and prevent military incursion and truncation of democracy.
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    Rethinking the concept of derivative right to passport within the context of freedom of movement; universality of judicial attitude in perspective
    (EBSU Journal of International Law & Judicial Review, Faculty of Law, Ebonyi State University, 2014) Imam, Ibrahim
    Freedom of movement is considered a basic human right by majorities of countries of the world. It encompasses the right to move internally within a country, the right to move abroad and the right to return from abroad. The relationship between freedom of movement and the protection of the right of egress and ingress vide possession of passport as received a lot of attention from all over the world. However, relatively little has been said about judicial side of intervention in securing the promotion and protection of the right as concomitant to freedom of movement. This paper examines the universality of the right to freedom of movement on the one side, the derivative right to passport from freedom of movement (ingress and egress) and the judicial attitude in construing the right to hold passport as a contingent on the right of movement. This paper draws comparatively, experiences from few selected countries around the word as well as the right protected under the regional and international conventions on Bill of rights. The paper also examines prerogative power of the government to impose restriction(s) on free movement.
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    Striking a balance between freedom of expression and political violence: Rights and restrictions under international and domestic instruments
    (Department of Public and International Law, A.B.U. Zaria, 2010) Imam, Ibrahim; Abdulraheem-Mustapha, Mariam; Abdulrauf, Lukman
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    Striking a balance between freedom of expression and political violent: rights and restriction under the international and domestic instrumentss
    (Journal of Public and International law, Dept of Public Law, Ahmadu Bello University, Zaria, 2010) Imam, Ibrahim; Abdulraheem-Mustaph, Mariam A; Abdulrauf, Lukman A
    Freedom of expression is globally recognized as an important metric enjoyed by citizens to limit government power and demand for free, transparent, fair and good governance in a democratic society. However, there has been evidence of dramatic use of sensitive but violent driven language by politicians as tool for pursuing political agenda under the pretext of freedom of expression. The paper explores the relationship between sensitive politically violent language and freedom of expression, the problems concerning their conceptualization and further understanding. Its main argument is that a stronger dialogue exists between what are known as unsavory, sensitive and instigative language and political violence. Arguably, absence of regulatory mechanisms to restrict such language on the basis of freedom of expression may affect peace and stability in Nigeria, which all government tools are designed to achieve. In this context the paper argued in favour of placing some restrictions on sensitive violent driven political language without undermining the right to freedom of expression
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    Sustainable development and rule of law: unlocking legislative committee's creativity
    (UNIZIK Law Journal, Nnamdi Azikiwe University, Anambra, 2011) Imam, Ibrahim; Abdulraheem-Mustaph, Mariam A; Olookoba, Saka Muhammed; Owoade, A. A.
    In modern democracies, the legislature has numerous duties. As significant stage organ in any democratic development, it examines the legislative proposals in the process of their passage and is entrusted with overseeing executive responsibilities and keeps an eye on government activities. Legislative committee system is the most vital structure that permits the legislators or compartmentalize their labor and specialize in particular areas of activities. It is the most significant legislative mechanism and therefore commonly called “miniature legislatures” or “microcosms” of main legislative bodies. Therefore, this paper intends to analyze the function and role of the Nigerian legislative assembly committees in the post 1999 era to date and its contributions to sustainable development and rule of law through legislations. In doing so, this study identifies and examines the factors that has considerable influence in the working of the legislative committees in general and the Nigerian legislative assembly committee in particular. This paper considers the relationship between sustainable development and committee system in democratic society by, focusing on the national assembly. The goal is to identify the realm of committee’s function in legislative assembly and legislative process that are necessary for sustainable development in Nigeria societies where exclusive and holistic legislative action remain pervasive. Is it possible to employ committees system to achieve sustainable development?