RELIGION AND LAW
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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TITLE |
MAIN ISSES |
| ABDUL SHEIKH V. SECRSHEIKH V. SECRETARY OF STATE FOR THE HOME DEPARTMENTETARY OF STATE FOR THE HOME DEPARTMENT |
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) Decre 1993 considered. |
| RELIGION AND LAW – ISLAMIC LAW AND LAND DISPUTES:- Rule that evidence of a near relative of a party is inadmissible if there is suspicion that the witness derives some benefit from such evidence – Duty of court to impeach such witnesses on the ground of relationship and bias as interested parties – Admissibility of evidence of witness deemed impeached | |
| ABU V. THE STATE |
RELIGION AND LAW:- Inter-religious marriage – Christian husband and Muslim Wife – Murder arising from domestic argument concerning worship arrangement– How treated |
| SHARIA LAW: – Matrimonial complaints disclosing sensitive issue between man and wife brought before an area court in the evening – Taunt of impotence against man – Propriety of Judge sending complainants/couple away because it was too late – Murder arising same night from unresolved issue – Same judge giving audience to the District Head of the Village who had arrested ‘impotent’ husband for the killing of the wife – Implication for justice administration | |
| ACHIMI V. THE STATE |
RELIGION AND LAW:- Criminal proceedings – Murder – Proof of –Evidence of spouse of accused person – Whether necessary to distinguish between the spouses of a Christian and a non Christian marriage in respect of criminal liability |
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ADAMU KYARMI V. JIBO MUNGADI |
ISLAMIC LAW:– Burden of proof – in Islamic law – on whom it lies |
| ADDO V. THE STATE |
RELIGION AND LAW:- Dispute between religious leader and membership – Belief that religious leader can exchange the ‘glory’ of his member – Killings arising therefrom – Implication for justice administration – How treated |
| RELIGION AND LAW – WITCHCRAFT:– Belief that impotence and death of wife and children were caused by supernatural actions taking against those having illicit intercourse with wife – Materiality or relevance as a defence to criminal liability | |
| ADENIJI V. OLUWOLE |
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| AGBAI V. OKOGBUE |
RELIGION AND LAW:- Customary law obligation – Membership of community-based Age-Grade group – Whether person entitled on religious ground to refuse actual or deemed membership of such body – Jehovah Witnesses – How treated |
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AISHETU MAYAKI MUHAMMED NDAGI vs. NDA |
ISLAMIC LAW: Meaning and duration of Iddah – Legal implication of |
| AJISEFINI V. THE QUEEN |
RELIGION AND LAW:- Proof of crime – Belief in witchcraft and curse – Relevance in grounding criminal intention – How treated |
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RELIGION AND LAW:- Evidence of throwing a native juju on a person – Relevance – Attitude of court thereof |
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RELIGION/CUSTOMARY LAW:- Tenets of Islamic Law – Judge learned in Islamic law – Whether entitled to take judicial notice of Islamic law tenet – Need to restrict admission of Islamic Law rule to statutory provisions relating to same – Where Statute requires any issue relating to Islamic Law for determination be treated as a question of fact – Need for same to be pleaded and expert advice adduced in support RELIGION AND LAW:- Islam – Ownership of mosque – View that: “mosque is regarded as the House of Allah. It belongs to no one. It is not a property which could be inherited and it could not be claimed by anyone. If a moslem builds a mosque, unless it is within the walls of his compound, the property in it will automatically become a charity for religious use of the Moslem Community. Not even the person who builds it with his own money has the right to exclude any moslem from praying in it. You cannot possess what you have given away for the worship of God and it is a gift which you cannot recover” – Implication for justice administration |
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| RELIGIOUS LAW – ISLAMIC LAW AND PROCEDURE – ISLAMIC LAW: The practice of “Tarjih” – Legal implication | |
| ALHAJI IBRAHIMAH OF SEKONDI V. MAMMA GARIBA AND OTHERS |
REAL ESTATE LAW:- Government acquisition of property of polygamous family and resettlement with monetary compensation – Where new property and compensation is left with one of the wife to manage – Nature of right created thereafter in new property developed therefrom and other assets – Whether family estate wholly belong to all member of the family equally REAL ESTATE/LAND LAW: Suits relating to ownership of land held under native tenure – Respect to be paid t decisions of Native Courts – Wider discretion of Land Court to interfere where Native Court of first instance and Native Court of Appeal differ. |
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ALHAJI TAJUDEEN BABATUNDE HAMZAT & ANOR V. ALHAJI SALIU IREYEMI SANNI & ORS |
ISLAMIC LAW: Turbaning of a Chief Imam for generality of a Muslim community – When purported turbaning is irregular, null and void and of no effect- relevant considerations |
| ALHAJI YAKEEN OWONIKOKO & ORS V. ALHAJI ALIMI AROWOSAIYE |
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| RELIGION AND LAW: – Trial by ordeal – Proof of innocence of adultery with married woman through oath taking – Belief that false oath-taking afflicts offender with illness – Implication for justice administration | |
| ANYIM V. STATE |
RELIGION/WITCHCRAFT AND LAW:- Delusions leading to criminal activity – Where brought on by belief in witchcraft – Relevant considerations |
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APOSTLE PETER EKWEOZOR & ORS V. THE REGISTERED TRUSTEES OF SAVIOURS APOSTOLIC CHURCH OF NIGERIA |
RELIGION AND LAW – RELIGIOUS BODY:- Church group – Effect of incorporation with the Corporate Affairs Commission – Merger of two different religious bodies – Whether irreversible – Implication for holding and ownership of property and Justice Administration |
| ARUM V. THE STATE |
RELIGION AND LAW – WITCHCRAFT:- Belief in witchcraft and criminal liability – Murder – Belief that accused person was bewitched by deceased person – Whether “In murder cases a defence founded on witchcraft has always been rejected except in cases where the accused himself has been put in such fear of immediate danger to his own life that the defence of grave provocation has been held proved.” |
| SHARIA LAW: – Murder – Wilful murder – When deemed proved under muslim law – Duty of appellate court thereto | |
| ASUQUO AKPAN UKPONG V. THE QUEEN |
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 |
| SHARIA LAW – MURDER: Sentencing – Death penalty – Effect of the absence of the defence of provocation under Sharia law | |
| AYYE V. YAR’ADUWA |
ISLAMIC LAW:- Estoppel per rem judicatam – Application under Islamic law. ISLAMIC LAW:- Exercise of discretion – Whether applicable under Islamic law. ISLAMIC LAW:- Muslim procedure – Comprehensiveness of. ISLAMIC LAW:-Review of final judgments given under Islamic law: Application to Area Courts. |
| RELIGIOUS LAW – SHARIA:- Islamic law – Validity of marriage of 9 women to one man under Muslim law – How treated | |
| BABA V. BABA |
ISLAMIC LAW:- Admission under Islamic Law-Effect – Rationale for Law thereon. SHARIA LAW:- Admission under Sharia Law – Effect SHARIA LAW:- Succession – When issue thereof arises – Determination thereof. |
| RELIGION AND LAW – SHARIA/ISLAMIC LAW – LAND HOLDING: Ownership of land by prescription – Guiding principles – Exceptions thereto | |
| BUBE V. GWANDU N.A |
SHARIA LAW: Whether facts proved constitute an offence under the Criminal Code for which the penalty of death would be imposed |
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DANJUMA DAN BUHARI RIMIN AUZINAWA V. KANO NATIVE AUTHORITY |
RELEGIOUS LAW – SHARIA LAW – MURDER:- How treated |
| EMEKA V. THE STATE |
RELIGION AND THE LAW:- Belief in Juju and potent money potions -Traditional practices and beliefs which require sacrifice of parts of a human being – Implications for crime and justice administration – How treated by Court |
| RELIGION AND LAW: – Juju practice – Practice of human sacrifice – Implications for law enforcement and safety of children | |
| FORSDIKE V. COLQUHOUN |
RELIGION AND LAW:- Statute prohibiting opening of shops where intoxicating liquor are sold on days for religion connected observances – Sunday, Christmas and Good Friday – How treated |
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GARBA V. HADEJIA NATIVE AUTHORITY |
SHARIA/MOSLEM LAW: Validity of conviction for capital homicide under moslem law vis a vis the Criminal Code |
| HADA V. MALUMFASHI |
ISLAMIC LAW:- Evidence-Admissibility- Evidence of relative – When admissible under Islamic law – When not admissible. ISLAMIC LAW:- Evidence -Witnesses -Competent witnesses – Whether a party competent to testify in his case |
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JUDGMENTS OF NIGERIAN COURTS |
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| By Substantive Areas | |
