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.
UNDERSTANDING THE CONCEPT OF SELF DEFENCE UNDER NIGERIA LAW
Self-defence is a necessary right of every person in Nigeria. It is aright granted to every citizen under the constitution. This rightenables a person to exercise defence to unlawful violence metedagainst oneself or property but in a reasonable manner. Although theright of self-defence may be pleaded by any person in a court of lawto negate the existence and liability of an offence, it must howeverconform strictly to the standard of reasonability and necessity. Thus,this paper examines the scope of the right of self-defence underNigeria law.
THE SCOPE OF ARBITRATION AGREEMENT IN NIGERIA: A GENERAL OVERVIEW.
Arbitration is gradually gaining a strong footing in the resolution ofdisputes arising from corporate contracts within the Nigeriancorporate space. While drafting commercial transactions, parties areat liberty to decide whether to include an arbitration clause to sufficeas the first method to resort to in the event of a dispute in the courseof executing such a contract. Therefore, taking cognizance of theinfluence of arbitration in the Nigerian Corporate Space, thisresearch in summary establishes the relationship betweenarbitration and the contract in which the arbitral agreements arecontained as well as the roles of the court in arbitral processes.Finally, this study highlights the areas of defects and weakness ofarbitral agreements and makes comprehensive suggestions andrecommendations for the effective practice of arbitration as an ADRmechanism in Nigeria.
JUNGLE JUSTICE: ITS PLACE IN THE NIGERIAN CRIMINAL JUSTICE SYSTEM
It is an established fact in life that for us to survive in a sane societynot girded with the cloaks and fabrics of anarchy, individuals mustdesist from perpetuating criminal and uncivilized acts such as“jungle justice”. This article basically examines the concept of junglejustice, its origin, and position of law, legality and the attitude of thecourts towards it in Nigeria.In carrying out this work, the author has adopted literature review,construction of cases and statute, critiques as methodology for thisresearch.
THE LEGITIMACY OF USING OF PERSONAL DATA BY ONLINE LOAN COMPANIES IN NIGERIA
This article examines the legitimacy of the use of personal data byloan companies in Nigeria within the prisms of the law on theprotection of data privacy of individuals. The researchers found outthat there is paucity of regulation on the area and the availableprovisions on data protection are grossly violated by the loan apps.Hence, they recommended total compliance and implementation ofthe extant laws.
THE DOCTRINE OF JUDICIAL PRECEDENT AND CONFLICT OF SUPREME COURTS DECISIONS IN NIGERIA
The Nigerian judicial system is one that is greeted with ahierarchical structure of court systems. Like the Yoruba culture, ourjudicial system demands that, all lower courts must always prostratebefore the decision of the higher court, no matter the blood of errorsoaked with the decision of the higher courts. The doctrine of staredecisis compels all lower courts to respect higher courts decisions.However, the pertinent question that seeks answer is; what is thelegal effect of conflict of decisions of the Supreme Court in Nigeria?Simply put; what happens when there are two conflicting decisionsof the Supreme Court in Nigeria? This paper seeks to examine thedoctrine of judicial precedent in Nigeria and issues of conflict ofSupreme Court decisions in Nigeria.
