RELIGION AND LAW – 2
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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TITLE |
MAIN ISSUES |
| HALILU LILO DAN GAMBO JAMA’ARE ACIKA V. KANO NATIVE AUTHORITY |
RELIGIOUS LAW – SHARIA LAW: Murder – How proved |
| ISLAMIC LAW:- “wabil mulkil alal hauzi li annal mulka a khassu minal hauzi (Rule that evidence of ownership takes priority over that of undisturbed possession because the former is stronger than the latter) – Principle of – When not applicable.
ISLAMIC LAW:- Claim for property under Islamic law – Claimant giving contradictory evidence – Defence giving reliable evidence – Duty on court to believe evidence of the defence |
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| HONOURABLE BASHARU V. BORNU NATIVE AUTHORITY |
SHARIA LAW: Substitution under N.R. Native Court Law, 1956 (N.R No. 6 of 1956), section 67(1)(b)(iii) – Effect |
|
IMAM V. BORNU NATIVE ADMINISTRATION |
SHARIA LAW/TRIBUNAL: |
| IYU V. THE STATE |
RELIGION AND LAW:- Defence against charge of capital offence – Belief that juju medicine/charm of enemies orchestrated the murder – Claim that “God took the matchet and wounded the deceased” – Attitude of court thereto |
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J.S. OLAWOYIN V. COMMISSIONER OF POLICE |
SHARIA LAW: The primacy of the Constitution over sharia law implementation processes – Legal effect |
| JAMES ALBERT DE GREGORY APPELLANT;AND GENERAL MEDICAL COUNCIL |
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| ISLAMIC LAW:- Inheritance – Person claiming entitlement so inherit an estate under Islamic law – Onus on -How established
ISLAMIC LAW:- “Mafqud” -Meaning of. ISLAMIC LAW:- Paternity – Proof of under Islamic law – How established ISLAMIC LAW AND PROCEDURE:- Evidence – Witness – Who is a competent witness under Islamic law – Whether a party is a competent witness. |
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| JAURO BABAYO V. MALAM KAWUWA WURO DIDDI |
ISLAMIC LAW:- Hauzi (prescription) principle of possession of land and when it arises |
| ISLAMIC LAW AND PROCEDURE:– Determination of who shall be a plaintiff and defendant – Whether litigant who complains first shall be plaintiff – Duty on judge in the circumstance
ISLAMIC LAW AND PROCEDURE:– Burden of proof of an assertion – How discharged by a plaintiff and defendant |
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| JOHN KHALIL KHAWAM V. K CHELLARAM & SONS (NIG) LTD |
RELIGION AND LAW: – Belief in witch-craft – Murder of a breadwinner before his wife and children by a grieving father to avenge the death of his son which a herbalist attributed to the deceased – How treated |
| RELIGION AND LAW:- Belief in Juju/charm – Whether can sustain a defence in criminal proceedings – Defence of mental black-out or temporary loss of memory – Whether it is not enough for the appellant to say that the charm affected his mind not to know what he was doing – Whether burden was on defendant to prove what powers, if any the alleged juju/charm possessed | |
| KADA V. YAWA |
ISLAMIC LAW:- Prescription (hauzi) – Land maulers – Period of prescription under Islamic law ISLAMIC LAW:- Title to land – Proof of under Islamic law – Requirements. ISLAMIC LAW AND PROCEDURE:- Proof – Oath of judgment under Islamic law – What constitutes – How proved |
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KANO NATIVE AUTHORITY V. OBIORA |
SHARIA LAW: Criminal trial – Need to comply with rules of natural justice |
| KARARIN ALELU A. FARUQ V. A. SANI MAI ALLON KARFE |
RELIGION/CUSTOM AND LAW – SHARIA LAW:- Ownership of land – interest in land – Matrimonial line of inheritance – Recognition thereof – Constitution – Jurisdiction of the Sharia Court of Appeal – Whether Land disputes can be determined by Sharia Court of Appeal except where it involves any question of Islamic personal law regarding a Wakf, gift, will or succession where the endower, donor testator or deceased person is a Muslim |
|
KATO DAN ADAMU V. KANO NATIVE AUTHORITY |
RELIGIOUS LAW – SHARIA LAW – MURDER: |
| KOMOLAFE V. ONANUGA |
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KUMBURA V. KANO NATIVE AUTHORITY |
SHARIA/MALIKI LAW:- Homicide -Killing in revenge -Testimony of single eye witness – How treated
SHARIA/MALIKI LAW:- Homicide – Numerous assailants – Duty of Court. |
| KUSU V. SOKOTO N. A. |
RELIGION AND LAW:- Women and Witchcraft – Belief of husband and wife that deceased person cast spell on the wife preventing her recovery after treatment by herbalists – Brutal murder of alleged spell-caster by accused/husband – Attitude of Court thereto |
| RELIGION AND THE LAW:- Evidence of non-Christian wife of accused person – Witness sworn on a knife and professes adherences to traditional religion – Burden of prosecution to prove that the nature of her marriage is non-monogamous – Where prosecution fails to so prove – Whether renders her an incompetent witness for the prosecution on any charge not coming within section 160(1) of the Evidence Law – Whether presumption of polygamous marriage can be inferred from act of swearing on a knife or expressing traditional/indigenous religion – Implication for justice administration | |
| MACKAM V. THE QUEEN |
RELIGION AND LAW – WITCHCRAFT:- African traditional religion – Belief in witchcraft – Belief that child can orchestrate a snake bite on mother causing death – Extra-judicial lynching of child as punishment thereof – Implication for law enforcement |
| RELIGION AND LAW – ISLAMIC LAW:– Oath taking under Islamic Law – when could be validly used as proof of fact
RELIGION AND LAW – ISLAMIC LAW:– Oath taking under Islamic Law – Whether the fact that a witness gave evidence under oath without more affected the justice of the decision of the trial court |
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| MAIZABO AND OTHERS V. SOKOTO NATIVE AUTHORITY |
RELIGION AND LAW – SHARIA LAW: Conviction for murder under Sharia/Maliki law – Existence of circumstances which could warrant substitution of murder conviction with manslaughter – Application for retrial – How treated |
| ISLAMIC LAW – Hauzi (Prescription) in land dispute – Proof under Islamic law | |
| MAMMAN V. GWANDU N. A. |
SHARIA COURT:- Murder Trial in Emir’s Court – Procedure for validating judgment |
| RELIGION AND LAW:- Marriage blessing and Marriage Ceremony – Distinction – Legal consequences for validity of marriage | |
| MOHAMMED DAN ANGO V. ARDO ALU |
SHARIA COURT OF APPEAL:– Quorum – Number of Kadis required to form quorum – Section 243 of 1979 Constitution as amended by Decree 107 (Suspension and Modification) Decree 1993 considered. |
| RELIGION AND LAW:- Belief in witch-craft – Implications for criminal behaviour and justice administration | |
| NINGI V. KATSINA |
ISLAMIC LAW:- Declaration of title to land – When barred by the Islamic law principle of hauzi ISLAMIC LAW:- Possession of land – Prescription (hauzi) under Islamic law – When it arises ISLAMIC LAW:- Principle of ‘hauzi’ (prescription) – What it connotes. |
| RELIGION AND LAW:- Customary landlord and tenant relationship – Where tenant pulls down shrine of landlord on land so as to assert title inconsistent with landlord’s – Whether an act of desecration which entitles landlord to a claim for forfeiture | |
| OFOHA V. THE STATE |
RELIGION AND LAW – WITCH-CRAFT:- Belief that ill-health was mysteriously caused by a rival – Whether relevant evidence supporting any legal defence to criminal liability – Implication for justice administration |
| RELIGION AND LAW:- Self-proclaimed belief in Spirit and their ability to force a person to commit a crime – Whether evidence of insanity that can successfully found a plea of legal insanity so as to escape liability for crime | |
| OPEBIYI AND OTHERS V. NOIBI AND OTHERS |
SHARIA/MOSLEM LAW:- Proceedings by Arbitration – Imamship of central Mosque Declaration – Injunction |
| RELIGION AND LAW:- God’s Kingdom Society, aka Jehovah’s Witness – Offensive comments made by doctor towards his patient’s religion as a member of Jehovah’s witnesses – Consequent publication of handbills by religious organization joining issues with the doctors – Whether words contained in handbills therein are of defamatory character – Relevant considerations | |
| OWE V. QUEEN |
RELIGION: Murder motivated by Biblical story of Sampson – Effect of improper contextualization of religious teachings |
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RELIGION AND LAW:- Religious leader – Nature of relationship with followers – Spiritual father/spiritual children relationship – Attitude of court to abuse of followers by religious leaders RELIGION AND THE LAW:- Reference to religious writings during Criminal Proceedings – Quoting of Bible during cross-examination of a Church Pastor – Whether capable of prejudicing proceedings – Whether relevance is the only consideration – Whether religious material could be justifiable and fairly used within the limits of the law and rules RELIGION AND LAW:- Sanctity of human life – Range of disciplinary powers available to religious leaders to discourage immoral behaviours among their adherents – Duty of the State to ensure it does not extend to the derogation of the right to life of for every person in Nigeria |
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JUDGMENTS OF NIGERIAN COURTS |
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| By Substantive Areas | |
