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Law – Projects Stores https://projectstores.com.ng Final Year project topics and materials Mon, 17 Nov 2025 11:28:12 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 https://projectstores.com.ng/wp-content/uploads/2022/05/cropped-easproject-image-1-32x32.jpg Law – Projects Stores https://projectstores.com.ng 32 32 A COMPARATIVE ANALYSIS ON MARRIAGE AND DIVORCE UNDER STATUTORY LAW https://projectstores.com.ng/a-comparative-analysis-on-marriage-and-divorce-under-statutory-law/ https://projectstores.com.ng/a-comparative-analysis-on-marriage-and-divorce-under-statutory-law/#respond Mon, 17 Nov 2025 11:28:11 +0000 https://projectstores.com.ng/?p=74167 COMPARATIVE ANALYSIS ON MARRIAGE AND DIVORCE UNDER STATUTORY LAW

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COMPARATIVE ANALYSIS ON MARRIAGE AND DIVORCE UNDER STATUTORY LAW

ABSTRACT

This study presents a comparative analysis of marriage and divorce under statutory law, examining how legal frameworks define the formation, rights, obligations, and dissolution of marriage in contemporary legal systems. The research explores statutory provisions governing marriage, including conditions for validity, formalities, consent, and capacity, and contrasts these with the legal grounds and procedures for divorce such as irretrievable breakdown, fault-based claims, and judicial discretion. Using doctrinal and comparative research methods, the study analyses statutory regulations from selected jurisdictions, highlighting similarities, divergences, and the influence of socio-cultural norms on legislative development. Findings reveal that while most statutory regimes emphasize the protection of individual rights, gender equality, and the welfare of children, significant differences remain in procedural requirements, evidentiary burdens, and judicial interpretation of matrimonial causes. The study concludes that harmonization of statutory provisions and modernization of matrimonial laws can enhance fairness, reduce litigation, and promote stability in marital relationships. Recommendations are made for continuous legislative reforms to address evolving societal dynamics and to strengthen the effectiveness and equity of statutory marriage and divorce systems.

CHAPTER ONE

INTRODUCTION

1.1 Background to the Study

Marriage is a legally and socially recognized union that establishes rights and obligations between spouses and, in many cases, their children. Under statutory law, marriage is governed by formal legislative provisions that outline the procedures, rights, and responsibilities of the parties involved (Nwogugu, 2014). In Nigeria, statutory marriage is primarily regulated by the Marriage Act, Matrimonial Causes Act (MCA), and various judicial interpretations of these laws (Okonkwo, 2016). These provisions seek to standardize marital relationships and ensure legal protection for individuals who voluntarily enter into marriage.

Divorce, on the other hand, is the legal dissolution of a valid statutory marriage. Statutory law outlines specific conditions under which a petition for divorce may be granted. The Matrimonial Causes Act provides grounds such as adultery, desertion, cruelty, and the irretrievable breakdown of marriage (Oyebanji, 2018). Divorce under statutory law, therefore, is not designed to be granted arbitrarily but must be supported by substantial evidence and grounded in established legal principles (Adewale, 2017).

Comparative analysis becomes relevant in understanding the diverse interpretations, applications, and outcomes of statutory marriage and divorce laws across different jurisdictions. Legal systems vary in their approaches to marriage formalization, grounds for divorce, maintenance, custody, and property distribution (Elias, 2013). Comparing these systems enables the identification of strengths, weaknesses, and potential reforms in statutory frameworks.

In Nigeria, statutory marriage coexists with customary and Islamic marriages, each with distinct procedures and implications. However, statutory marriage remains the most recognized in terms of international law, constitutional backing, and judicial enforcement (Afolayan, 2020). The rise in divorce rates in many societies has increased the need for scholarly investigations into the statutory provisions governing marital breakdown. Understanding these dynamics enables legal practitioners, policymakers, and scholars to better appreciate the challenges associated with the regulation of marriage and divorce within a statutory framework (Odutola, 2019).

1.2 Statement of the Problem

Despite the existence of comprehensive statutory laws on marriage and divorce, numerous challenges persist. Many couples lack adequate knowledge of the legal implications of statutory marriage, leading to disputes about rights and obligations during divorce proceedings (Omorogbe, 2014). Additionally, inconsistencies in the interpretation of statutory provisions by courts across different states often result in unequal treatment of similar divorce cases (Adewumi, 2021).

Moreover, statutory divorce procedures are often criticized for being lengthy, expensive, and emotionally draining, which discourages some spouses from seeking legal redress (Okafor, 2018). There is also increasing concern about the impact of statutory divorce outcomes on children, especially regarding custody and maintenance (Umezulike, 2015). These problems underscore the need for a comparative analysis of statutory marriage and divorce mechanisms to identify areas where reforms are necessary.

1.3 Objectives of the Study

The main objective of this study is to conduct a comparative analysis of marriage and divorce under statutory law. The specific objectives are to:

Examine the statutory provisions governing marriage.

Analyze the legal grounds and procedures for divorce under statutory law.

Compare statutory marriage and divorce frameworks across selected jurisdictions.

Identify challenges associated with the implementation of statutory marriage and divorce laws.

Suggest possible reforms to strengthen the statutory regulation of marriage and divorce.

1.4 Research Questions

What are the statutory provisions regulating marriage?

What legal grounds and procedures govern divorce under statutory law?

How do statutory marriage and divorce laws differ across selected jurisdictions?

What challenges affect the implementation of statutory marriage and divorce laws?

What reforms can enhance the effectiveness of statutory marriage and divorce laws?

1.5 Significance of the Study

This study is significant for several reasons. First, it contributes to the academic understanding of how statutory marriage and divorce laws operate within different legal systems (Ojo, 2017). It provides valuable insight for policymakers seeking to reform family law to reflect contemporary realities and protect the rights of spouses and children (Akinsanya, 2020). For legal practitioners, the study offers a comparative perspective useful in litigation and legal advisory services.

Additionally, the research will benefit couples and the general public by improving their understanding of statutory marriage and its implications. It also adds to the growing body of literature on family law, particularly in developing countries like Nigeria, where multiple marriage systems coexist (Akintola, 2019).

1.6 Scope of the Study

The study focuses on statutory marriage and divorce within Nigeria, with selected comparative references to jurisdictions such as the United Kingdom and South Africa, which have well-established statutory frameworks (Bennett, 2018). The analysis covers legal provisions, procedures, grounds for divorce, and judicial interpretations. Customary and Islamic marriages are referenced only where relevant to contrast statutory laws.

1.7 Limitations of the Study

The study may be limited by access to up-to-date case law, variations in the interpretation of statutory provisions, and the challenge of comparing jurisdictions with differing socio-legal contexts. Time and resource constraints may also limit the breadth of comparative analysis.

1.8 Definition of Terms

Marriage: A legally recognized union between two individuals regulated by statutory law (Nwogugu, 2014).

Divorce: The legal termination of a valid marriage through judicial processes (Oyebanji, 2018).

Statutory Law: Law enacted by a legislative body and codified in written statutes.

Matrimonial Causes: Legal actions related to marriage, divorce, maintenance, and related issues.

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APPLICABILITY OF NATURAL LAW PRINCIPLES TO THE LAW OF NEGLIGENCE IN NIGERIA https://projectstores.com.ng/applicability-of-natural-law-principles-to-the-law-of-negligence-in-nigeria/ https://projectstores.com.ng/applicability-of-natural-law-principles-to-the-law-of-negligence-in-nigeria/#respond Sat, 14 Dec 2024 16:08:29 +0000 https://projectstores.com.ng/?p=69222 ATTENTION:

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APPLICABILITY OF NATURAL LAW PRINCIPLES TO THE LAW OF NEGLIGENCE IN NIGERIA

Abstract

The study examines the applicability of natural law principles to the law of negligence in Nigeria, exploring the intersections between philosophical foundations of morality and legal doctrines. Natural law, rooted in universal moral principles, posits that laws should reflect an inherent sense of justice and equity. Conversely, the law of negligence primarily focuses on determining liability based on duty of care, breach, causation, and damage within a societal framework. This research investigates how natural law principles—such as fairness, reasonableness, and the pursuit of the common good—align with and influence judicial interpretations of negligence cases in Nigeria. It analyzes key legal precedents, statutory provisions, and scholarly opinions to evaluate whether natural law principles enhance or conflict with the practical application of negligence law. Furthermore, the study highlights areas where natural law principles can serve as a moral compass to address challenges in Nigeria’s legal system, including inconsistencies in judicial outcomes and access to justice. The findings aim to contribute to the ongoing discourse on the relevance of natural law in modern legal systems, providing insights into its potential role in fostering a more just and equitable legal framework in Nigeria.

CHAPTER ONE

INTRODUCTION

1.1 Background to the StudyThe concept of negligence plays a pivotal role in the development of tort law, as it addresses breaches of duty that result in harm to others. In the Nigerian legal context, the law of negligence has evolved primarily through common law principles and judicial precedents, emphasizing accountability and the protection of rights. However, the philosophical underpinnings of these legal doctrines often remain unexplored, particularly the extent to which they align with natural law principles. Natural law, rooted in morality, justice, and reason, asserts that laws should reflect universal truths and ethical norms inherent in human nature. This study seeks to bridge the gap between the abstract principles of natural law and the practical application of negligence law in Nigeria.

The Nigerian judiciary, like many other common law jurisdictions, has often relied on precedents and statutory frameworks in adjudicating negligence cases. While these tools provide clarity and structure, they may fail to address the moral and ethical considerations underlying certain legal disputes. Natural law principles, on the other hand, emphasize justice, fairness, and the common good, offering a moral compass that could enhance the interpretation and application of negligence laws. This research explores the extent to which natural law principles can and should influence negligence law in Nigeria, providing a deeper understanding of how moral philosophy interacts with the legal system.

1.2 Statement of the ProblemDespite the robust framework of the law of negligence in Nigeria, several challenges persist. These include inconsistent judicial outcomes, limited consideration of ethical dimensions in legal reasoning, and difficulties in addressing emerging societal complexities. The reliance on rigid legal principles without adequately considering moral and ethical nuances often results in perceived injustices or inequities. This raises the question of whether natural law principles, with their emphasis on fairness and universal morality, could provide a more just foundation for resolving negligence disputes.

Furthermore, Nigeria’s socio-cultural diversity and unique legal challenges necessitate a contextual approach to negligence law. However, the current system’s limited integration of philosophical perspectives such as natural law may hinder its ability to address these complexities effectively. This research addresses the need for a more holistic approach to negligence law, exploring the potential benefits and limitations of incorporating natural law principles into its framework.

1.3 Research QuestionsThis study seeks to answer the following questions:

What are the core principles of natural law, and how do they align with the foundational elements of negligence law?

To what extent has the Nigerian judiciary incorporated natural law principles in adjudicating negligence cases?

What are the potential benefits and challenges of applying natural law principles to negligence law in Nigeria?

How can natural law principles address existing gaps and inconsistencies in the application of negligence law in Nigeria?

1.4 Objectives of the StudyThe main objective of this study is to examine the applicability of natural law principles to the law of negligence in Nigeria. Specifically, it aims to:

Analyze the philosophical foundations of natural law and its relevance to modern legal systems.

Explore the relationship between natural law principles and the legal framework governing negligence in Nigeria.

Evaluate judicial decisions in Nigeria to determine the extent of alignment with natural law principles.

Propose strategies for integrating natural law principles into the interpretation and application of negligence law in Nigeria.

1.5 Significance of the StudyThis study contributes to legal scholarship by providing a philosophical perspective on the law of negligence in Nigeria. By exploring the intersection of natural law principles and negligence law, it offers insights into how ethical considerations can enhance legal reasoning and decision-making. The findings have practical implications for judges, legal practitioners, and policymakers, as they highlight the potential for a more morally grounded approach to negligence law.

Additionally, the study addresses the broader discourse on the relevance of natural law in contemporary legal systems. It provides a framework for understanding how universal moral principles can inform legal doctrines, particularly in a diverse and evolving society like Nigeria. The research also benefits students and scholars of law by deepening their understanding of the interplay between legal philosophy and practice.

1.6 Scope of the StudyThe study focuses on the applicability of natural law principles to the law of negligence in Nigeria. It examines relevant judicial decisions, statutory provisions, and scholarly perspectives to assess the integration of natural law principles into negligence law. The research is limited to the Nigerian legal system, with occasional references to other jurisdictions for comparative analysis. The timeframe for analysis primarily includes contemporary judicial decisions, while also considering the historical evolution of both natural law and negligence doctrines.

1.7 MethodologyThis research adopts a doctrinal and analytical approach. It involves a critical review of relevant case law, statutory provisions, and legal literature to examine the relationship between natural law principles and negligence law in Nigeria. Comparative analysis is employed to draw insights from other jurisdictions where natural law principles have influenced legal doctrines. The study also incorporates philosophical inquiry to explore the theoretical foundations of natural law and its applicability to negligence law.

1.8 Definition of Key Terms

Natural Law: A philosophical theory asserting that laws should be based on universal moral principles derived from human nature and reason.

Negligence: A legal doctrine in tort law that imposes liability for breaches of a duty of care that result in harm to another person.

Duty of Care: A legal obligation to exercise reasonable care to avoid causing harm to others.

Breach: The failure to fulfill a legal duty, resulting in harm or injury to another

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DOMICILITY AND ITS IMPACTS ON UNDERGRADUATES PSYCHOLOGICAL WELL BEING https://projectstores.com.ng/domicility-and-its-impacts-on-undergraduates-psychological-well-being/ https://projectstores.com.ng/domicility-and-its-impacts-on-undergraduates-psychological-well-being/#respond Thu, 28 Nov 2024 02:34:37 +0000 https://projectstores.com.ng/?p=68982 ATTENTION:

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DOMICILITY AND ITS IMPACTS ON UNDERGRADUATES PSYCHOLOGICAL WELL BEING

Abstract

This study explores the impact of domiciliary factors on the psychological well-being of undergraduate students. The transition to university life often introduces various stressors, and one such factor is the living environment, whether on-campus, off-campus, or at home with family. The study investigates how different domiciliary settings influence undergraduates’ emotional health, stress levels, and overall mental well-being.

Utilizing a mixed-methods approach, the research combines quantitative surveys and qualitative interviews to assess the psychological well-being of students residing in various domiciles. The study focuses on three primary living conditions: on-campus housing, off-campus rented apartments, and living with family or guardians. Data were collected from a sample of 300 undergraduates from diverse disciplines, measuring variables such as anxiety, depression, academic performance, social relationships, and overall life satisfaction.

The findings suggest that domiciliary factors, particularly the nature of student housing, significantly affect the psychological well-being of undergraduates. Students living in on-campus housing reported higher levels of social support and academic satisfaction, leading to better psychological well-being. In contrast, those living off-campus or with family showed increased stress levels, largely due to financial concerns, commuting, or family dynamics.

The study highlights the importance of considering domiciliary factors in addressing mental health challenges among undergraduates and provides recommendations for universities and policymakers to create supportive living environments that foster positive psychological outcomes for students. The research concludes with suggestions for further studies into the long-term effects of domicile on students’ mental health, with a focus on intervention strategies that can mitigate the negative impacts of challenging living conditions.

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DISSOLUTION OF MARRIAGE-ITS PROBLEMS AND PROSPECTS https://projectstores.com.ng/dissolution-of-marriage-its-problems-and-prospects/ https://projectstores.com.ng/dissolution-of-marriage-its-problems-and-prospects/#respond Sun, 07 Jul 2024 12:39:52 +0000 https://projectstores.com.ng/?p=65071 ATTENTION:

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DISSOLUTION OF MARRIAGE-ITS PROBLEMS AND PROSPECTS

ABSTRACT

The decree of dissolution of marriage which is defined as the legal separation o f man and wife effected by the judgement or decree of a court, and either totally dissolving the marriage relation, or suspending its effect so far as it concerns the cohabitation of the parties.

Dissolution of marriage seems to be on the increase these days, this is due to the fact that people rushed into ill-advised marriages and they decided to rush out of these marriages as soon as they discovered that their marriages are not what they expected. Therefore, no proceedings for dissolution may be instituted within two years of marriage without leave of court except where divorce proceedings are based on the facts of wilful and persistent refusal to consummate, adultery or the commission of rape, sodomy or bestiality.

The subject matter of this research is to examine the nature and the conditions for dissolution of marriage, the likely problems that tend to follow and prospects. However, the study will further discuss the various types of marriage, validity of customary marriage and statutory marriage, capacity and formalities of marriage.

In carrying out this research, emphasis will be laid on the various grounds for dissolving statutory marriage under the Matrimonial Causes Decree and the Marriage Act 1970 and customary marriage under the customary law. Also, the differences between dissolution of customary marriage and statutory marriage. But, it should be noted that, it is not the intention of the researcher to see that marriages which are ordained by God and which were hitherto, build on mutual trust and confidence between the parties and their families go asunder. But rather, to discourage spouses on dissolution of their marriages by providing a lasting solution to this, in order for us to have a better society and also to consider the pathetic effect of such on the society, children and family.

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After paying the appropriate amount (#5,000) into our bank Account below, send the following information to any of the numbers below

08068231953, 08137701720, 09070569307, 08154275408 (1)    Your project topics

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OR you drop them on our WhatsApp, 08137701720

We will send your material(s) after we receive bank alert

BANK ACCOUNTS

Account Name: AMUTAH DANIEL CHUKWUDI

Account Number: 0046579864

Bank: GTBank.

OR

Account Name: AMUTAH DANIEL CHUKWUDI

Account Number: 3139283609

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FOR MORE INFORMATION, CALL:

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CRITICAL ANALYSIS OF CORROBORATION UNDER THE  https://projectstores.com.ng/critical-analysis-of-corroboration-under-the-2/ https://projectstores.com.ng/critical-analysis-of-corroboration-under-the-2/#respond Sun, 07 Jul 2024 12:31:36 +0000 https://projectstores.com.ng/?p=65069 NIGERIAN LAW OF EVIDENCE

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CRITICAL ANALYSIS OF CORROBORATION UNDER THE 

NIGERIAN LAW OF EVIDENCE

ABSTRACT

There is no law that says the plaintiff or the prosecution must bring a million witnesses or evidence to court before he can succeed in his case. A court can convict on a single witness. A case is not decided by the numbers of witnesses, single credible convincing evidence is enough to convict in a case but there are some exceptions”. The exceptions refer to by this learned mean the circumstances where corroboration will be required before any judge can decide his case. Although a judge can convict upon the uncorroborated evidence of an accomplice but he must warn himself before given such conviction in fact he is advised to seek corroborating evidence before convicting an accused because failure to do so can lead to the setting  aside of his judgment on appeal.   

Generally, corroboration cuts a niche for itself, it is used both in criminal and civil cases. It will also state the position of judges on the issue of corroboration and various decisions of court on different issues arising from corroboration. In law, corroboration, though popular yet controversial virtually under all legal system this is due to the influence and interpretation of the provisions of the Evidence Act and the criminal and penal codes (on corroboration of evidence) by judges. The desirability of corroboration as a requirement in certain criminal and civil cases under the Nigerian law of evidence and the hope of examine it critically under our legal system is the core focus of this study. This work will therefore elucidate the meaning of corroboration in Nigeria and Canada generally, the role of judges in deciding both civil and criminal cases and various statutory  provisions in respect of corroboration  of evidence in Nigeria relying largely on both primary and secondary  source of law of evidence in Nigeria.

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We will send your material(s) after we receive bank alert

BANK ACCOUNTS

Account Name: AMUTAH DANIEL CHUKWUDI

Account Number: 0046579864

Bank: GTBank.

OR

Account Name: AMUTAH DANIEL CHUKWUDI

Account Number: 3139283609

Bank: FIRST BANK

FOR MORE INFORMATION, CALL:

08068231953, 08137701720, 09070569307, 08154275408 

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AN APPRAISAL OF INHERITANCE RIGHTS OF WOMEN IN NIGERIA https://projectstores.com.ng/an-appraisal-of-inheritance-rights-of-women-in-nigeria/ https://projectstores.com.ng/an-appraisal-of-inheritance-rights-of-women-in-nigeria/#respond Sun, 07 Jul 2024 12:23:37 +0000 https://projectstores.com.ng/?p=65067 ATTENTION:

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AN APPRAISAL OF INHERITANCE RIGHTS OF WOMEN IN NIGERIA

CHAPTER ONE:

GENERAL INTRODUCTION

Introduction

          This paper examines the various inheritance laws in Nigeria with a view to appraise the inheritance rights of women in Nigeria.  establishing its bias in relation to gender. It will also look at the effect of these practices on the socio-economic empowerment of women in the larger society. It will also review the steps taken to curb the trend and the progress made so far if any.

          The inevitability of death brings with it a plethora of challenges for the family of the deceased; apart from the burial rites and ceremonies, foremost on the list of challenges is what to do with the property of the deceased. In Nigeria, when a person dies, and leaves property, the property of that person is given to another person or people as their inheritance. Who inherits this property is decided in different ways; a person can decide before he or she dies who should inherit his property and under the English law, this is written down and signed in a document called a Will. But where there is no Will, other laws are used to decide who gets the property.

          Customary law is often used in this instance and there are as many variations as there are ethnic groups in the country. As observed, inheritance rights like most rights, are tilted towards the male gender. The cultural practices of the various constituent tribes, societal norms, illiteracy, poverty, and religious beliefs have all fuelled the continuing inequitable representation of women directly and indirectly. And even though there are laws, conventions and treaties that advocates for the equal treatment of all human beings regardless of their sex, tribe, origin and circumstance of birth, these discriminatory practices still operate today unfettered.

Background of Study

The inheritance practices of intestate estate under the customary laws in Nigeria have almost as many variations as there are ethnic groups in the country and they are predominantly patrilineal that is relating to, based on, or tracing descent through the paternal line. Inheritance and succession under native law and custom is determined primarily by the customary rules of the place of origin of the deceased person and not by where he resides or where the property is situated.  These practices conform to the primogeniture rule which is a system of inheritance or succession by the firstborn child, specifically the eldest son  who consequently becomes the head of the family. He occupies the family house, holding same as trustee of the other children, male or female.

          For example in Yoruba land , the distribution of an estate of a deceased person who dies without a valid Will is per stripe; i.e. by the number of wives that the deceased had and not by the number of children . In Calabar, the eldest surviving male member of the deceased person succeeds as the head of the family and inherits the deceased estate. Also among the Fulani, the eldest son inherits his deceased father’s cattle, the main asset in those days, out of which he makes presents of some of them to his younger brothers according to their needs. Finally under the Bini custom, the right to succession of the entire estate belongs exclusively to the eldest son of a deceased person who acts as a sort of trustee for the other children .

Statement of the Problem

One can easily perceive from the foregoing statements that the Nigerian woman (the widow) and the girl child typically get little or nothing in comparison with their male counterparts when it comes to intestate devolution of property. This is because these customary laws exhibit an over-whelming sympathy for the male gender and has as a consequence, sustained an unjust and disproportional treatment of females in Nigeria. The continued practices of these laws constitute a major obstacle to gender equality, economic empowerment of the female gender and actualization of social justice in terms of development, peace and security . These discriminatory aspects of property inheritance under customary law in Nigeria manifests in different forms and scope ranging from primogeniture rules to the right of spouses and they run contrary to various international conventions and more importantly, to the Constitution  of the Federal Republic of Nigeria.

Research Questions

This paper shall address these important questions:

1.      What are the various laws on inheritance rights of women in Nigeria?

2.      What laws are in existence to combat this trend and how effective are they?

Aim of Research Work

          This research work aims at an appraisal of the inheritance rights of women in Nigeria under the Act and the various customs in Nigeria. Customary practices bordering on inheritance evidently demonstrate varying degrees of gender discrimination as widows and their female children receive very little compared to the males. This discriminatory trend fuelled by ignorance, tradition and religion serves as a bar to the economic and financial empowerment of women and their right to self-actualization. Without question, the poverty in this country is related to deprivations due to unequal distribution of wealth (land) and if everyone is allowed to benefit equally from an inheritance, it would catalyze economic growth, development and ultimately poverty would be eradicated.

          The paper will analyse some customary law practices on inheritance with a view to unearthing such norms that perpetuate gender discrimination and impede the empowerment of women in Nigeria. It will also look at the provisions of existing local and international laws that deal with inheritance and the progress each law has made in combating this ugly trend. Finally, this paper shall proffer possible recommendations for reform to help the government and other stakeholders who are or are likely to be so affected.

Research Methodology

This essay will adopt the doctrinal and comparative research methods; reference will be made to both primary and secondary sources such as relevant books, journals, statutes, legislatives and internet sources. References will also be made to international conventions and the position of the law from foreign jurisdictions.

Scope and Limitations of the Study

This study will deal primarily with inheritance; its history, the customary laws practices of the major ethnic groups of Nigeria which are: Igbo, Yoruba, Bini, Esan, Urhobo, Islamic law and Hausa inheritance rights of women under the Wills Act of 1832 & the relevant Wills Law of selected states. It will also examine the reasons why these discriminatory practices are still in existence despite the various laws already in place. Also, the human rights implications of discrimination against women as regards inheritance rights will be considered and it will point to the effect this worrisome trend is having on the nation’s economy and her reputation in the global world view.

Significance of Study

The significance of this study is aimed at the enlightenment of the reader, who will become aware of the discriminatory practices of inheritance against women and its damaging effect on the overall socio-economic development on the country. Also, the reader would be exposed to the laws, both domestic and  international, presently in force to curb this trend and how effective they have been.

Research Structure

This research work will span five (5) chapters; the first chapter will introduce the topic and intimate the reader with the general scope of this research paper. It addresses the Introduction, Background of Study, Statement of the Problem, Aim of Research Work, Research Methodology, Scope and Limitations of the Study, Significance of this Study and finally the Research Structure

Chapter Two – Literature review: The chapter will review the various arguments, points of view of numerous scholars on the inheritance rights of women in Nigeria. It will also explore the meaning of inheritance and the effect of inheritance laws on women in Nigeria. 

Chapter Three – This chapter will review the customary inheritance practices in some ethnic groups in Nigeria and in particular, the Igbo, Yoruba, Bini, Esan, Urhobo, Igala and Itsekiri tribes will be reviewed. Also, the paper will look at inheritance practices as dictated by the two major religions in Nigeria – Christianity and Islam. It will examine the discrimination against women from a human rights perspective and establish a relationship between these discriminatory practices and the overall low income levels poverty levels prevalent in the rural areas.

Chapter Four – This will review the domestic  laws in existence that govern inheritance practices outside the purview of customary law. Such laws like the The 1999 Constitution, Wills Act, Administration and Succession (Estates of Deceased Persons) Law, Administration of Estates Laws of Lagos, and the Wills’ Laws of various States as . Also this chapter will look at the provisions of the relevant Human Rights Treaties, Conventions and Agreements that protect and promote Women’s Rights particularly the socio-economic rights like land and inheritance rights

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A HOLISTIC APPRAISAL OF THE CONCEPT OF TRUST UNDER THE NIGERIAN JURISPRUDENCE https://projectstores.com.ng/a-holistic-appraisal-of-the-concept-of-trust-under-the-nigerian-jurisprudence-5/ https://projectstores.com.ng/a-holistic-appraisal-of-the-concept-of-trust-under-the-nigerian-jurisprudence-5/#respond Sun, 07 Jul 2024 12:07:10 +0000 https://projectstores.com.ng/?p=65065 ATTENTION:

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A HOLISTIC APPRAISAL OF THE CONCEPT OF TRUST UNDER THE NIGERIAN JURISPRUDENCE

ABSTRACT

According to some authors, the meaning of trust as a legal concept is traceable to the moral connotation of the term which eventually informed its jurisprudential basis. Literally, trust means confidence reposed in others. It was this moral obligation that was eventually developed into a legal concept by the English chancery court and it became part of the Nigerian legal jurisprudence through statutory enactments, its administration regulated by established principles of equity and statutes. In medieval times, trust was widely employed as a means of transferring estates from one person to another for the benefit of a third party. The transferor is variously known as settlor, feoffor or testator, while the person (or persons) for whom the trust is created is called feofee or beneficiary. In the same vein, the person in whose care the settlor entrusts the estate is known as the trustee. It is instructive to note that the office of the trustee is very vital for the smooth administration of the trust. This is so because the estate is vested in the trustee who holds such property in accordance with the terms of the trust for the benefit of the beneficiary. A person may be expressly appointed trustee by an instrument or through some other means recognized by law. The equitable principle that “equity does not want for a trustee” is to the effect that considerable importance is attached to the office of a trustee in the trust administration. Even in situations where the instrument fails to appoint one, a trustee can be appointed by the court or through statutory powers.

This long essay seeks to examine the powers of a trustee vis-a-vis its operational regime under the Nigerian legal system. As a general rule a trustee must be capable of holding and disposing of property in his capacity. He must be competent to deal with the estate as required by the trust instrument for the beneficiary’s benefit. He must not be under any disability by nature or by law. He must be amenable to the jurisdiction of the court and be capable of the business. He must disclose any situation which might result in a conflict between his personal interest and his job as a trustee. A trustee must ascertain the validity of his appointment and understand the terms and nature of the trust. 

In our clime, experience has shown that in the course of carrying out their assignments, trustees have come up against a lot of challenges and limitations despite statutory provisions relating to the exercise of their powers. Some of these challenges have to do with our customary and religious beliefs which result many a time in unending litigations.

Essentially, this essay will discourse trust holistically. In pursuance of this objective, this work will be divided into five chapters. Chapter one will deal with the general introduction to the topic which will include the historical evolution of trust and its reception into the Nigerian legal jurisprudence. Aims and objectives, importance of study, scope of study, research methodology, and literature review as well as meaning of trust and parties to a trust will be discoursed in this chapter. Chapter two will examine the relationship between trust and other legal concepts, classification, capacity, and the essentials of trust will be discoursed. Chapter three will focus on the seemingly simple but complex duties and powers of trustees. Chapter four will deal with remedies for breach of trust and liabilities. In closing, chapter five of this long essay will make recommendations, suggestions and propositions on how to improve the administration of trust in Nigeria.

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A COMPARATIVE LEGAL ANALYSIS OF DISSOLUTION OF MARRIAGE UNDER CUSTOMARY AND STATUTORY LAWS https://projectstores.com.ng/a-comparative-legal-analysis-of-dissolution-of-marriage-under-customary-and-statutory-laws-2/ https://projectstores.com.ng/a-comparative-legal-analysis-of-dissolution-of-marriage-under-customary-and-statutory-laws-2/#respond Sun, 07 Jul 2024 10:58:39 +0000 https://projectstores.com.ng/?p=65063 ATTENTION:

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A COMPARATIVE LEGAL ANALYSIS OF DISSOLUTION OF MARRIAGE UNDER CUSTOMARY AND STATUTORY LAWS

ABSTRACT

The decree of dissolution of marriage which is defined as the legal separation o f man and wife effected by the judgement or decree of a court, and either totally dissolving the marriage relation, or suspending its effect so far as it concerns the cohabitation of the parties.

Dissolution of marriage seems to be on the increase these days, this is due to the fact that people rushed into ill-advised marriages and they decided to rush out of these marriages as soon as they discovered that their marriages are not what they expected. Therefore, no proceedings for dissolution may be instituted within two years of marriage without leave of court except where divorce proceedings are based on the facts of wilful and persistent refusal to consummate, adultery or the commission of rape, sodomy or bestiality.

The subject matter of this research is to examine the nature and the conditions for dissolution of marriage, the likely problems that tend to follow and prospects. However, the study will further discuss the various types of marriage, validity of customary marriage and statutory marriage, capacity and formalities of marriage.

In carrying out this research, emphasis will be laid on the various grounds for dissolving statutory marriage under the Matrimonial Causes Decree and the Marriage Act 1970 and customary marriage under the customary law. Also, the differences between dissolution of customary marriage and statutory marriage. But, it should be noted that, it is not the intention of the researcher to see that marriages which are ordained by God and which were hitherto, build on mutual trust and confidence between the parties and their families go asunder. But rather, to discourage spouses on dissolution of their marriages by providing a lasting solution to this, in order for us to have a better society and also to consider the pathetic effect of such on the society, children and family.

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THE LEGAL PROVISIONS RELATING TO FOREIGN INVESTMENTS IN https://projectstores.com.ng/the-legal-provisions-relating-to-foreign-investments-in/ https://projectstores.com.ng/the-legal-provisions-relating-to-foreign-investments-in/#respond Sun, 07 Jul 2024 10:54:29 +0000 https://projectstores.com.ng/?p=65061 NIGERIA WITHIN THE CONTEXTS OF NEPAD AND AGOA

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THE LEGAL PROVISIONS RELATING TO FOREIGN INVESTMENTS IN

NIGERIA WITHIN THE CONTEXTS OF NEPAD AND AGOA

ABSTRACT 

Any country’s economic score sheet is influenced by the events within and from abroad. The reality of globalization has come to mean that the former speaks louder now than in the days past when domestic measures dictated matters. The passion being expressed by the Nigerian government for foreign investments needs to be examined in the context of the two tendencies broadly shown by a nationalistic approach in which nationalization, indigenization and control are key factors and by liberalization in which deregulation and privatization are notable. Nigeria indeed practised the first hoping to achieve growth, development and selfsufficiency that way before courting, gently at first, the second.

This study begins where the former stopped. It examines the high points of the national approach which relied so much on domestic measures and legislation, in this case exchange control and indigenization laws. It then considers the crisis stage when Nigeria was torn between the two: this is shown for instance in her not totally repealing the indigenization laws but conceding some participation without voting (control) rights to foreign investors and admitting some liberality into foreign exchange holding and administration until, finally, in 1995 when by the Nigerian Investment Promotion Commission Act, Act No. 16 of 1995 and the

Foreign Exchange (Monitoring and Miscellaneous Provisions) Act, Act No. 17 of 1995 the existing structures were dismantled to allow unrestrained foreign investments in Nigeria.

The place of external influences is examined in relation to certain trends, some legal, other not, which affect foreign investments. This work accepts the reality of such influences, even to the extent of testing the host countries’ economic sovereignty. Questions of regional integration and co-operation in Africa are considered in terms of their potential to affect domestic measures, and it is in this sense that NEPAD is considered and related with them. AGOA, as a life – line, is also considered as offering potentials which could enhance investments particularly in the agricultural and agri-business sectors. Those being the case, laws on these sectors are examined to test their harmony with AGOA. All of these offered an opportunity to see what appear to be those areas in Nigerian law where changes are necessary in order to produce good results.

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PROBLEM ASSOCIATED WITH WOMEN AND PROPERTY INHERITANCE IN NIGERIA https://projectstores.com.ng/problem-associated-with-women-and-property-inheritance-in-nigeria-6/ https://projectstores.com.ng/problem-associated-with-women-and-property-inheritance-in-nigeria-6/#respond Sun, 07 Jul 2024 10:50:49 +0000 https://projectstores.com.ng/?p=65059 ATTENTION:

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PROBLEM ASSOCIATED WITH WOMEN AND PROPERTY INHERITANCE IN NIGERIA

ABSTRACT

Inheritance rights are one of the central problems that cause conflict among families prevalent to the extent that a house holder (father) has to write his will before he dies. The common practice is that, women have no say in the property sharing as a member of the family. The objective of this study is to examine the problem associated with women and property inheritance in nigeria

. To determine the positions of women with regards to property inheritance in Communities in Nigeria. To ascertain the extent to which property as defined by Anambra state customary laws has affected the socio-economic developent of women, and to recommend ways of tackling the issue. Data was collected from one source which is the primary through the use of questionnaire: sample for this research was one hundred (100) people, which was gotten through the simple random sampling technique. The findings revealed that females generally under the Anambra state traditions are properties themselves to be inherited by any man. Recommendations such as the amendment of the Anambra state customary law in relation to cultural approach to accommodate women’s property inheritance was made. There should also be an attempt on the part of the government to promote gender equality through legislature and other enlightenment programmes.

CHAPTER ONE

1.1.         Background to the Study

            Property inheritance including the rights of women to property, receives very little degree of attention in different parts of the world.

The girl – child in most traditions of the world according to Ogbuagu in his reviews of gender studies in Nigeria, (2002). Is made to internalize the notion that, the girl is subordinate to male authority and subsequently cannot and should not claim rights with the boy-child. Ogbuagu, further states that, the girl-child is taught to be a good wife and mother in future. In addition the girl child is also perceived and actually made to believe that, she is a tool, an object or a possession to be owned and used to meet the male desires. These discrepancies between the old rules and facts are greater where women are concerned and its most harmful to their interest.

Women’s legal rights to property according to Kenneth (2000) are examined on the background of the law of succession, inheritance and the family its paramount, to point out that no particular attentions has been paid to women in the making of any law in Nigeria (2002). According to her, the constitution of the federal republic of Nigeria 1977, promulgated into law by the military force before they handed over power on the 29th of May 1999 to civilian administration has been generating controversies since its inception. The chief argument against the constitution as argued by Comfort is the imposition of these laws on the Nigerian people by the military. That the constitution does not pass the test of legitimacy and acceptability for it is not a process led participatory and open constitution. She further argues that, the way and manner in which the 1999 constitution. She further argues that, the way and manner in which the 1999 constitution was drafted made it possible especially for women to have any impact whatsoever in it.

This customary law system where the women and her children are denied property and financial provision from the property of her husband’s and father’s upon dissolution of marriage either by divorce or death, exposes them to exploitation and abuse, customary norms are no longer always appropriate and their observation may simply serve to entrap women and children (females) in inferior position.

It is upon this background that the researcher seeks to find out the extent to which women in Kogi state particularly in Awka lga local government area have rights to property inheritance.

1.2.         STATEMENT OF RESEARCH PROBLEM

Traditional beliefs and practices of especially the Awka lga local government area as conditioned by the customary laws have become such serious obstacles militating against the development of women in this area.

A close look at the Awka lga women generally either single, married or divorce reveals that, they have no rights to property when compared to their male counterparts.

A female heir is as good as a property to be inherited and thus, does not argue over her father’s properties with her brothers, a married woman works and owns everything to the husband, she claims no right in the husband’s house. A widow return empty to her parents especially, if she has no male offsprings. These are serious problems militating against women social, economical, political and psychological development and can be conveniently attributed to the sub-servient positions, women tend to accept in the society. This is because a person who is disenfranchised or lacks the right to property to enhance his or her status generally, be it social, political, economical,, educational and so on, remains dependent and often takes the back seat.

These types of situation in which the Anambra state women in Awka lga local government area face impedes their development processes and greatly affects their quota of contribution to the overall development of the society.

1.3.         RESEARCH QUESTIONS

The research has set to investigate into the above stated problems faced by property inheritance and the position of women in Awka lga local government area as regards property rights.

What defined these rules, its implication on women and the way out, to achieve this, the following questions will guide the research.

i.       How are property inheritance defined in Awka lga local government area.

ii.     What is the position of women with regards to property rights in Awka lga.

iii.  What are the factors responsible for this?

iv.  What are the implications of property inheritance or rights as defined by customary laws for social and economic development of women?

v.     What measures are required to maintain women in the development process of Awka lga local government area?

1.4.         OBJECTIVES OF STUDY

The aims of this study are to find out how property inheritance has been shared and why property inheritance has been shared and why women under the Awka lga tradition and customary laws have no rights to property. How these affect women generally and proffer probable suggestion on the way forward.

The following will be the specific objectives of this work.

To examine the definition of property inheritance in Awka lga local government area.

To determine the position of women with regards to property inheritance or rights in Awka lga

To determine the factors responsible for this

To ascertain how property rights as defined by Anambra state customary law has affected the socio-economic development of women.

To proffer suggestions on how women could be mainstream in development processes.

1.5.         SIGNIFICANCE OF THE STUDY

This research is aimed at understanding property inheritance as been defined by the Anambra state customary laws in Awka lga local government area.

The research also aimed at determining the position of women with regards to property inheritance in Awka lga. And to provide solutions to the problems of women with regards to inheritance, right and contribution to national development.

1.6.         DEFINITION OF CONCEPTS

The concepts to the defined in this research include:

·        Property

·        Inheritance

·        Rights

·        Customary laws

Property: Property is anything, objects or rights, which can be owned. It can be said, also to be something of value that is owned, for instance Land.

Inheritance: Inheritance is any object, money or a title that can or has been inherited or is to be inherited.

Rights: rights is said to be entitlements to certain kinds of treatment based on one’s status. Right can also be a justified claim or entitlement or the freedom to do something.

Customary Laws: Customary laws are usually unwritten and are derived from actual practices of a place, society or nation over time.

HOW TO RECEIVE PROJECT MATERIAL (S)

After paying the appropriate amount (#5,000) into our bank Account below, send the following information to any of the numbers below

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We will send your material(s) after we receive bank alert

BANK ACCOUNTS

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Account Number: 0046579864

Bank: GTBank.

OR

Account Name: AMUTAH DANIEL CHUKWUDI

Account Number: 3139283609

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FOR MORE INFORMATION, CALL:

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