Muhammad Kamaldeen Imam-Tamim

Despite having passed several laws, the attainment of the rights has been problematic in Nigeria. Nigeria has enacted a Child Rights Act 2003. However, the provisions of the Act, however, are still largely not implemented by the citizens who cite religious and cultural considerations as the basis of their relationships with the children. And they consider the ideas of child rights that are enshrined in the Child Rights Act as incongruous with cultural and religious rules. This paper examines and discusses the contentions between the cultural and religious practices in Nigeria and the Child Rights Act. The aim is to highlight the cultural and religious challenges to the attainment of the child rights in Nigeria. The paper employs the legal doctrinal and content analysis of relevant literature on child rights in Nigeria. It is found that each of the systems of law in Nigeria claim to protect child rights. The protection of child’s right can be improved by harmonising the systems of la...

The nations of the world have designed various strategies to protect them from the effect of climate change. One major affirmative action taken by the nations is the agreement to enter into a legally binding Multilateral Environmental Agreement (MEA) towards reducing the effects of climate change. This international environmental treaty is known as the Kyoto Protocol. The Protocol is designed to reduce greenhouse gas flexibility in the implementation of the trade mechanisms provided in the protocol to achieve such reductions. An effective dispute resolution regime is thus imperative for the success of this Protocol in the event of refusa state party to comply with the commitments in the protocol. However, the Protocol presents special challenges in the operation of its dispute resolution mechanism for it (the first time under an international environmental treaty) allow participation of the private sector and non together with nation Protocol’s complexity in the implementation of th...

Generally, marriage is believed to be the union of two persons. However, very little attention is paid to its validity which attracts rights and responsibilities. This paper examined the law surrounding marriage rights and responsibilities attached if any, depending on whether the marriage is valid or not. The paper employed qualitative method of legal research as it placed reliance on primary sources of law materials such as the Marriage laws of various jurisdictions. It also placed reliance on secondary sources of law material which include books on marriages, articles in journals as well as articles on the internet. The paper observed that many intending couples make erroneous choices of marriages which are not valid depending on the law of marriage in their jurisdiction. As a result, no right and benefit or privilege accrues to them legally. The article recommended that there is a need for intending couples to get more acquainted with the laws regulating marriage in their respec...

The nations of the world have designed various strategies to protect them from the effect of climate change. One major affirmative action taken by the nations is the agreement to enter into a legally binding Multilateral Environmental Agreement (MEA) towards reducing the effects of climate change. This international environmental treaty is known as the Kyoto Protocol. The Protocol is designed to
reduce greenhouse gas house emission while allowing the parties some degree of flexibility in the implementation of the trade mechanisms provided in the protocol to achieve such reductions. An effective dispute resolution regime is thus imperative for the success of this Protocol in the event of refusal or inability of a state party to comply with the commitments in the protocol. However, the Protocol presents special challenges in the operation of its dispute resolution mechanism for it (the first time under an international environmental treaty) allows the participation of the private sector and non-governmental organisations (NGOs) together with nation-states, in fulfilling the Protocol’s objectives. Given the Protocol’s complexity in the implementation of the flexible mechanisms, any dispute resolution mechanism designed under the Protocol must be flexible, appropriate and provide predictability to its participants. Thus, this paper briefly highlights the trade mechanisms and the likely dispute that may arise under the Protocol; and examines the challenges that may affect the efficacy of the dispute resolution regime under the Kyoto Protocol.

The advent of Global System for Mobile Communication (GSM) in Nigeria has brought immense advantages to the social and economic activities in the country. Despite the various advantages, the installation of telecommunication masts and base stations in residential areas has led to anxieties, fears and debates about the possible adverse effects on human health as well as security of properties. Instead of addressing the fears, the telecommunication companies continue to install telecommunication masts and base stations in the residential areas unabated. The article assesses the impact of these installations on health and properties of the residents in order to consider the reality of the fears and examines Nigerian laws to find out whether there are regulations that control how telecommunication masts are to be installed in residential areas to prevent health and property threat to the inhabitants. The article employs both doctrinal and non-doctrinal approaches of the qualitative lega...

In both the Civil and Shari’ah courts, the test applied in deciding rights and proportion of the divorced parties for matrimonial property is the “contribution test” whereby if both parties contributed to the acquisition of the property than both parties shall have rights on the property. The proportion shall be decided based on the fraction which each parties contributed to the property. It is observed that the contribution test could be effectively applied for tangible assets such as houses, land, vehicles, jewelries and saving which are personally owned by the parties. However, when it comes future interest, the contribution test could not be applied until the court is willing and/able to determine the rights to claim for the future interest. This research applies legal research methodology which focuses on statutory and case law analysis

The place of women in decision making at various strata of living has been a front burner issue in the current milieu. Population of women in Malaysia is almost as equal the population of men. The Malaysian women have been found to excel in academic and even professional labour market than the men. Thus, they are naturally imbued with the skills and intellectual capabilities to contribute to the Malaysian national development. Notwithstanding the perceived superiority in the intellectual capability of the Malaysian women, the number of women allowed to participate in nation building in the country is abysmally low. Researches have shown that the women have been facing challenges in assuming political positions where they can adequately and practically contribute to national development. The paper involves an exploratory legal research. Therefore, employing an analysis of both primary and secondary documentary data, the paper investigates the factors that contribute to the inhibition...

ABSTRACT The concept of globalisation is commonly discussed as an issue in international law. However, little attention is paid to its influence in domestic family law. As a result of the growing trend of globalisation, legal and cultural norms of the host culture and the foreign culture are fused, thereby, leading to cultural homogenisation or cultural hybridisation, depending on the level of accommodation of the foreign norm by the host norm. One of the areas where hybridisation or homogenisation of cultural and legal norms manifests, especially in African countries including Nigeria, is in the marriage system, particularly in the conclusion of marriage contracts. In Nigeria, one of the impacts of cultural hybridisation is the evolvement of multi-tiered marriage, where a couple combines marriages under the statute law, customary law and religious law, especially Islamic law. This paper is an exploratory study of how globalisation impacts on how and why multi-tiered marriage is contracted in contemporary Nigeria. The paper also briefly discusses how the combination of marriages as a response to globalisation affects the operation of family law rules in Nigeria as well as the rights of the parties involved, especially the women.