LAW DIGEST IN NIGERIA

EDITED BY : Asy'kobi While it is admitted that marriage is a sacred union between two humans of separate identity, motives and intentions, it is equally not mistaken that the modern man has found it useful but not in its entirety. Given the high rate of divorce cases in our clan, domestic violence in the home front, sexual abuses in and outside terrestrial abodes and the many sorry tales that we find in the modern human society one is left with a puzzling but honest question:  Must men stay married? In the 21 st  Century, with the advancement of technology and the spatial evolvement of man through times, it is becoming increasingly difficult for couples to sustain marriages for want of compatibility, irreconcilable differences, incessant abuse and spousal violence. The challenges faced by couples today stand as a clinical test to their sanity and the  demands of this union are gradually caving in on couples who once exchange marital vows voluntarily. One big chall...

Edited BY: Asy'kobi Marriage is a universal institution which is recognized and respected all over the world. As a social institution, marriage is founded on, and governed by laws, social and religious norms of society. Marriage under the act is a voluntary union between a man and a woman to the exclusion of others. The celebration of marriage under the act in Nigeria is regulated by the Marriage Act and is usually referred to as statutory marriage. ESSENTIAL VALIDITY OF MARRIAGE The parties to a marriage under the act must possess the necessary capacity. NEITHER PARTY MUST BE MARRIED Marriage under the act is monogamous in nature, being a union of one man and one woman to the exclusion of others. Consequently, a party to a subsisting statutory or customary law marriage has no capacity to enter into another statutory marriage with another person. CONSENT OF THE PARTIES The voluntary consent of the parties is a prerequisite for the celebration of a statutory marriage...

EDITED BY : Asy'kobi The last time I checked, Article 4 of the United Nations Convention on the Rights of the Child states that, "state parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present convention." With regards to economic, social and cultural rights, state parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international cooperation. Governments have a responsibility to take all available measures to make sure children's rights are respected, protected and fulfilled. When countries (including Nigeria) ratified the convention, they agreed to review their laws relating to children. As it stands today, there is no law protecting the rights of the Nigerian child adequately (I stand to be corrected). The Nigerian child, especially the girl-child, being the prey of sex ...

 EDITED BY:  Asykobi Failed marriages are, unfortunately, ordinary occurrences these days. But can they be avoided? Read more to find out the top 5 reasons why marriages fail! No matter how much a couple loves each other, a marriage can fail for a number of reasons at any given time. Even though it is considered a sacred and special bond, it doesn’t take much to tear it apart if it has anything to do with the common reasons mentioned below. Find out what it takes to throw away a perfectly good marriage. Marriages fail because of these reasons: Extramarital Affairs If you are married, one of the worst things that you can do is cheat on your spouse. Cheating encompasses not only having sex, but also includes having intimate relations with a person that is not your spouse. However, you should know that having feelings or lewd thoughts (even if it isn’t acted upon) for another person can be considered as cheating too and can be the reason why marriages ...

EDITED BY: Asykobi It is nearly inevitable that there would be disputes between workers (employees) and employers in a work environment. This necessarily flows from the fact that, where two or more people relate, it is highly likely that disputes would arise. Thus, no matter what machinery is put in place to avoid disagreements in the workplace, such machinery would unavoidably fail. What should concern the mind of all and sundry is how the disputes would be amicably resolved and peacefully settled in the event of disputes and conflicts? The preoccupation of all should be; what are the machineries provided by the law for the resolution of labour disputes, industrial conflicts and employment disagreements? This piece will simply examine the scope of the jurisdiction of the National Industrial Court (NIC) within the 1999 Constitutional framework and conclusively emphasize on the need for the court to stamp its authority as a foremost dispute resolution body with respect of labo...

1. There must be a board meeting whereby a resolution will be passed to alter the article. 2. A notice of 21 days notice must be given to the members accompanied with the said special resolution. 3. The company must convene a general meeting and pass a special resolution to alter the article. 4. The company must ensure that the alteration does not go contrary to the provisions of the memorandum of association. 5. The next step would be the delivery of the printed copy of the article and printed copy of the resolution to Corporate Affairs commission within 15 days of passing the resolution. 6. Evidence of payment of Annual return must be made available at the commission and it must be up to date.  Note: CAC do not attend to post incorporation issues of a company where the payment of their Annual returns is not up to date. 7. The company would be required to annex the resolution to every copy of the article issued after the passing of the resolution. ...

EDITED BY: Asykobi Every Nigerian has rights, duties, liabilities and privileges, which are provided for in the hundreds of laws that exist in Nigeria. However, there are certain rights that basically trump all other ones. They are rights that are referred to as  inalienable  rights, rights for which the law has made specific and special provision. These rights are contained in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria, and are officially known as  Fundamental Rights. This article will explain what these key rights are, because every Nigerian really should know about these rights. 1. RIGHT TO LIFE This is the most important right of every Nigerian (and in fact every human being). The right that everyone has to ‘exist’, and no one can intentionally deprive a person of this right, either an individual or the Government, unless in the execution of a sentence of the court in respect of a criminal offence. In a nutshell, what th...