In a legal environment, signature is commonly the means of authenticatinga document. Before now, what was the commonest form of signature was ahandwritten signature of the signer indicating his ‘acceptance’ or ‘consent’to a legally binding commitment such as contractual terms or payment. Withthe advent of computers, this form of signature has changed, what is nowprevalent is an electronic signature authenticating an electronic document.Electronic signatures extend the function of handwritten signatures toelectronic documents, providing a way for two parties to conduct businessconfidently in an electronic environment.In this article, I have explored the meaning, forms, functions and legalvalidity of electronic signature and discussed the legal framework onelectronic signature particularly in the context of Nigeria.
ALTERNATIVE DISPUTE RESOLUTION (ADR); BEYOND LITIGATION.
This study explains the various alternatives to resolving disputes outsidethe court room. As court queues, rising costs of litigation and time delayscontinue to plague litigants, it has become expedient to look beyondlitigation and adopt some other measures of resolving disputes amongwarring parties. There are three major forms of alternative disputeresolution processes which are Arbitration, Mediation and Negotiation.All these forms of alternative dispute resolution are voluntary and openfor different categories of disputers who prefer to resolve their differencesand come to a settlement and mutual agreement between the partiesinvolved. This study also helps to define the peculiarities between thevarious Alternative Dispute Resolution methods with a clear analysisas to why it is preferable than litigation.
ASSESSING CHINA’S CULPABILITY THROUGH INTERNATIONAL LAW
A common phrase in global health literature is that “diseases know noborders. This is the same issue with the spread of covid-19. Which originatedin China and caused a global meltdown on the world’s economy. Sincethen,” Assessing China’s culpability through international law has been acontroversial topic. This topic has been hampered by a lack of empiricalevidence, and also the lack of knowledge of international law by legalresearchers. Here we discussed at length, what international laws are, howthey are applied, the obligation of States under international public law,how to assess the culpability of the Republic of China, Through Justificationon their culpability, China’s legal obligation, Jurisdictional issues, remediesavailable to the aggrieved party. This article provides information about allthe aforementioned, clearly and concisely. This article has critically assessedthe culpability of China and otherwise, with clarification on both sides.
JUDICIAL TECHNICALITY: A CLOG IN THE WHEEL OF THE ADMINISTRATION OF JUSTICE?
It is important with regards to note that one of the ills facing andconfronting the judicial sector is the issue of judicial technicality, noblyknown as “litigating the margin”. And its effect on the very aim and goal ofthe judiciary, which is justice, is on the negative side. This been an issue ofconsideration in the legal profession. It is no longer doubt that this particularcankerworm has eaten deep into the judicial sector and great is itsimplication on justice. Lawyers and(or) counsels are now using thistechnique as a pretext to win cases by all means always regarding the gainnot considering what it may cost(justice).This article poses a question, through its topic, to the current state of judicialtechnicality in the judiciary, it’s influence so far in the judicial sector and itseffects. And in entirety, it tends to reveal the negative impact of judicialtechnicality not only in the judicial sector but also in the circular world andprofer solutions.
THE ADMISSIBILITY OF ELECTRONIC EVIDENCE IN NIGERIAN COURTS.
Information and communication technology has advanced greatly in thepast years. The developing world which was known for its analogue viewsand mode of operation has now metamorphosed into a giant global villagewhere almost every activity involves the use of computers. The courts of Laware not left out of this great change and innovation. In matters of disputesas relating to electronic technology such as financial transactions,communication, modern automobiles and so on, parties involved wouldhave no choice but to present electronic evidence as relating to the case athand. One of the most notable developments of the new Evidence Act of2011, is the acknowledgement of electronic document as evidence admissiblebefore the court of Law. This paper is focused at examining the keyprominent provisions of the Evidence Act, 2011 as relating to theadmissibility of electronic evidence. It is also aimed at bringing out keyspoints on when the evidence is a said to be admissible before the court of lawand when such evidence cannot be used as an evidence admissible before thecourts of Law.
DOUBLE JEOPARDY RULE; A PROTECTIONIST CLAUSE AGAINST INJUSTICE
The principle of double jeopardy is a monumental clause in jurisprudence,its aim is of colossal importance. The principle operates as a proscriptionagainst retrials for the same criminal offence following a trial on the meritsby a court of competent criminal jurisdiction concluding in an acquittal orconviction. The principle developed at common law in respect for thedraconian punishment traditionally imposed on defendants and thedeficiencies in medieval criminal procedure to the advantage of prosecution. The common law immunity from re-prosecution gradually developed inresponse to the injustice in permitting retrials for the same offence followingan acquittal or conviction. The principle was also designed to prevent theimposition of multiple punishment for the same criminal transgression inseparate proceedings. Another importance embodied in the double jeopardyclause is the preservation of the finality of judgment. At this point, a carefulreader will understand the position of double jeopardy in unambiguousmanner.Hence this article aims at appraising the protectionist clause of doublejeopardy against injustice and not to dig into the history of the principle. Italso aims at advocating the continuous enforcement of the principle througha constructive conclusion.