Law of Judicial Immunities in Nigeria
Author | : Abimbola A. Olowofoyeku |
Publisher | : |
Total Pages | : 262 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
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Author | : Abimbola A. Olowofoyeku |
Publisher | : |
Total Pages | : 262 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
Contents.
Author | : |
Publisher | : |
Total Pages | : 229 |
Release | : 1979 |
Genre | : |
ISBN | : |
Author | : Hazel Fox |
Publisher | : Oxford University Press, USA |
Total Pages | : 692 |
Release | : 2013-08-29 |
Genre | : Law |
ISBN | : 0199647062 |
The doctrine of state immunity bars national courts from adjudicating or enforcing claims against foreign states. This updated edition of this book provides a thorough analysis of the doctrine, explores high-profile cases, the UN Convention on the Jurisdictional Immunities of States, and provides comparative coverage of UK and US State practice.
Author | : Abangwo Nzeribe |
Publisher | : |
Total Pages | : 25 |
Release | : 2018 |
Genre | : |
ISBN | : |
The Nigerian 1999 Constitution clearly recognizes and upholds the principle of the separation of power and the need to ensure that each arm of the government operates within the purview permitted by law. Thus, to ensure that each arm of government discharges its functions effectively, the Constitution or existing enactments further provide for their immunities and tenures of office of the members of the executive, legislature as well as the judiciary. The objective of this research is to critically examine the legal analysis of immunity in the three arms of government in Nigeria looking at who is immuned between the office holder and his assets. The article notes that, while the innovative purpose for the inclusion of immunity clause in the Nigerian constitution was good, politicians have used the clause to the detriment of democracy and to undermine national development. The findings of this work depict that although the constitution stipulates that certain elected political office holders enjoy immunity clause but they are not immuned from being investigated from criminal offences and their asset can be seized if it was proven to be acquired with illegitimate fund like it was decided in the case of Governor Ayo Fayose where the court has put to rest the controversy on whether the assets of executive office holder under immunity can be seized if such properties were acquired with illegitimate funds. It is concluded that the wordings of the relevant laws be amended so that the provisions of the law will be crystal clear to all stakeholders.
Author | : Xiaodong Yang |
Publisher | : Cambridge University Press |
Total Pages | : 941 |
Release | : 2012-09-27 |
Genre | : Law |
ISBN | : 0521844010 |
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Author | : Ernest K. Bankas |
Publisher | : Springer Science & Business Media |
Total Pages | : 564 |
Release | : 2005-06-30 |
Genre | : Law |
ISBN | : 9783540256953 |
The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.
Author | : T. Akinola Aguda |
Publisher | : |
Total Pages | : 198 |
Release | : 1983 |
Genre | : Constitutional law |
ISBN | : |
Author | : Abimbola A. Olowofoyeku |
Publisher | : OUP Oxford |
Total Pages | : 234 |
Release | : 1993 |
Genre | : Law |
ISBN | : 9780198257936 |
Judicial errors, deliberate or otherwise, often cause damage to litigants. Sometimes the damage suffered by the litigant is irreversible. In England and many other common law countries the injured person will normally have no redress because of the privilege of immunity from suit enjoyed by judges. This result also normally follows when the complaint is against the actions of someone acting in a quasi-judicial capacity. The situation then raises a number of questions, including questions about civil rights, the redress of wrongs, and the whole foundation of judicial independence. As more people resort to the courts and other judicial tribunals for the resolution of their disputes the question of the proper approach to injurious judicial errors becomes more important, especially since every participant in judicial proceedings is a potential victim. This book presents an in-depth study of the substantive, procedural and theoretical issues that arise when a judge is to be sued. The material is drawn mainly from English and American Federal case law. The study however also incorporates some Canadian, Australian, and New Zealand case law.
Author | : Tom Ruys |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2019-04-30 |
Genre | : Law |
ISBN | : 110828499X |
Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.
Author | : Xiaodong Yang |
Publisher | : Cambridge University Press |
Total Pages | : 941 |
Release | : 2012-09-27 |
Genre | : Law |
ISBN | : 1139576615 |
The immunity or exemption enjoyed by States from legal proceedings before foreign national courts is a crucial area of international law. On the basis of an exhaustive analysis of judicial decisions, international treaties, national legislation, government statements, deliberations in international organisations as well as scholarly opinion, Xiaodong Yang traces the historical development of the relevant doctrine and practice, critically analyses the rationale for restrictive immunity and closely inspects such important exceptions to immunity as commercial transactions, contracts of employment, tortious liability, separate entities, the enforcement of judgments, waiver of immunity and the interplay between State immunity and human rights. The book draws a full picture of the law of State immunity as it currently stands and endeavours to provide useful information and guidance for practitioners, academics and students alike.