Journal of Comparative Law

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Islamic University In Uganda Journal of Comparative Law
(Faculty of Law,Islamic University In Uganda, 2019) Islamic University In Uganda
Restorative justice in Nigeria
(Journal of comparative law, 2008-01) Ijaiya, Hakeem
The purpose of this paper is to consider theoretical and practical issues in relation to the notion of Restorative justice with particular reference to the Nigerian context. The paper will begin with an analysis of the “Restorative Justice”; it will then go on to discuss the nature and principles of Restorative Justice; application of restorative justice; and Restorative justice measures. The International scenario in relation to Restorative Justice will then be considered followed by a focus on the Nigerian context. The paper will raise issues on the implementation of Restorative justice in Nigeria. The paper will conclude with recommendations regarding possible ways forward for Restorative justice in Nigeria
The need for banking sector reforms and consolidation in uganda: a conceptual and legal framework
(Journal of comparative law, 2008-01) Musa, Yusuf Abdul R.; Tukur, Kabiru Isa
The financial landscape, especially the banking sector, is under immense pressure from the global market place of financial services, for the need to provide adequate and cheap capital, competitive technology, and robust professional workforce efficient regulatory and legal frame work . This premise however provides services required in fostering and facilitating development in the real sectors of the economy, particularly in developing countries such as Uganda. This development paradox however has made other countries of Yugoslavia, Hungary ,Malaysia, Thailand, Indonesia, South Korea, Japan ,Turkey and recently Nigeria and South Africa to embark on reforming and consolidating their banking institutions. However anecdotal literature reveals that such undertaking generates immense benefit to countries that embark on such programs, and Uganda a developing country in east Africa, require similar exercise that it can take advantage of the strong and and vibrant financial sector, which would, in the long run, serve as a pre-requisite for regional economic integration, and cooperation. The discovery of oil in Uganda has brought paradigm shift in terms of revenue generation for governments and a challenging opportunity to the economy which now requires large amount of capital investment ; these phenomena have made this need of banking sector reforms to be very urgent and palatable, thereby making the country take advantage of the burgeoning revenue in the oil sector. The globalise economy is therefore in dire need of competitive capital and a strong financial sector that can provide financial services, in the increasingly globalise market place, which is urgently needed for growth and development of the economy of Uganda.
police reforms in nigeria
(journal of comparative law, 2008-01) Ijaiya, Hakim
Reforms can be defined as Change that is made to a social system, an organization et cetera in order to improve or correct it. The essence of reforms is to bring about a positive change, which will either result in improvement or correction. Before 1999, the Nigerian police had a reputation for corruption and violence. The relationship between the police and the citizens in the country is characterized by suspicious and mutual hostility. The military administration failed to bring about any meaningful change in the force. The advent of the civilian administration in Nigeria on May 29, 1999 brought about remarkable improvement in the Nigerian police force. Among the first efforts was the adoption of the five years development plan for the police in 2000. The plan aimed to increase policing capacity through recruitment and improvement of police welfare and powers. In March 2002 the government adopted an eight point priority agenda which include an anticorruption drive and community partnership policing. The study will focus on reform programs of the government since 1999.
succession and will under islamic law
(journal of comparative law, 2008-01) Jimeta, Abbo U.S.; Da'ud, K.A.
The place of women before the coming of Sharia in all the societies in the world was sympathetic, as they were seen and treated as chattels, and their personal consent in matters affecting their well-being was considered immaterial, they were not recognized as equal or even closer with the men status and were a such not entitled to a legal inheritance. No where in the world where women were allowed to own properties of their own and no society in the world recognized women’s rights to share in the property of their family When one considered the social structure of Arabian peninsular before the advent of Islam, the situation was worst, this is because of the fact that the birth of a girl child into a family was seen as an ill luck, to which the holy Quran provided “And when the female infant buried alive will be questioned for which crime she was killed”1 With the coming of Islam, the place and the role of the women in the society was clearly stated, and all rights belonging to them was given to them and they were by the Qur’anic injections kept in the hands of the men in trust. The Holy Qur’an provides “And Allah has made for you your mates (women) of your own nature and made for you out of them sons, daughters and grand children and provided for you sustenance of the best”2 It also goes on to provide that “men are the protectors and maintainers of women, because Allah has given the one (i.e. men) more (straight) than then other (i.e. women) and because they support them (i.e. the women) for their means”3
The impact of the Domestic Relations Bill 2003 on the Islamic Institution of Marriage.
(Journal of Comparative Law, 2007-07) Kamal, Alhaji. Dauda; Nakitto, Saidat
The whole of Uganda sometime in 2005 reacted to the Domestic Relations Bill 2003 on the basis that it lacks both religious and cultural morals; the same bill is to be retable before the parliament, 3despite all protests. In view of this work is examining the provisions of the Bill, in seeing its impacts on the Islamic Marital Laws, looking into the concept of marriage, the nature of Islamic Law, and its application, in trying to examine the relationships, obligations and rights of marital couples under Islamic Law, all with an attempt to have a background of finding and highlighting the provisions of the Bill that do not conform with the provisions of Islamic Law.
The women's human rights in the war zone: a case study of Nothern Uganda
(journal of comparative law, 2008-01) Nakitto, Saida
Northern Uganda is composed of 16 districts and by 2003 it had a population of 6.5 million people that represented 35% of the Ugandan population, which is now estimated at 31 million. The Acholi region, parts of lango and teso region have experienced insecurity for over 20 years since august 1986. this civil war was waged by the lord’s resistance army (LRA) under the leadership of joseph kony and has adversely affected civilian population as a result of which more than 1.6 million people have been displaced massively killed, tortured, mutilated, abducted, conscription of young boys into the LRA rebel group as combatants, defilement, rape and sexual abuse of young girls and women, forced into marriages and pregnancies and destruction of property. Owing to a series of attacks launched by the LRA against the civilian population, the people fled from their homes and settled in camps which came to be known as internally displaced persons camps (IDPCs) where in the women and children constituted 80 percent. In the IDPCs there has been gross violation women’s human rights including: sexual abuses, rape, defilement, toutre, murder, and lack of essential amenities like food, shelter, health facilities, water and insecurity. Such continuous violations of the women’s human rights in the IDPCs was in contravention of the 1995 Uganda constitution , the regional and the international human rights treaties and more importantly the Rome statute of international criminal treaties and more importantly the Rome statute of international criminal court (1998) to all of which Uganda is a signatory. The worsening of the Human Rights situation in the IDP camps coupled with persistent mass killings by the LRA, and the lukewarm response by LRA towards the call for embracing the Amnesty policy prompted President Yoweri Museveni to refer the matter to the International Criminal Court (ICC) with a view of prosecution. The ICC made its investigations of the crimes and established that LRA rebels have committed war crimes and crimes against humanity which should be accounted for .Arrest warrants were issued against the five LRA rebel commanders but these warrants have not been executed yet.
A critical overview of the Jurisprudence and the applicability of the american plea bargaining system in Nigeria
(journal of comparative law, 2008-01) Ogar, Edward E.
Once systems of criminal procedure absent from the Nigerian Law and which has been consistently applied in the United States of America despite strong opposition from all quarters is the plea bargaining system. The American law and the adherents of this system, and indeed Nigerian scholars, who advocate the application of this system of criminal procedure in Nigeria, have, as their rationale for its use, the quick dispensation of caseloads, de congestion of prisons, and saving of cost, inter Alia. Already, calls have been going round the quarters, especially among Nigerian scholars, for the importation and application of this system of criminal procedure in Nigeria
A comparative analysis of the defence of intoxication under common and islamic laws
(journal of comparative law, 2008-01) Ijaiya, N.A.O
A comparative analysis of the defence of intoxication under both Common and Islamic Laws has been a very challenging and interesting discussion. This essay is set out to examine what is intoxication as defined by the relevant laws under the Common Law and under the Islamic Law. What are the defences available to a person charged with any offence and where such person raises the defense of intoxication? It must be stated that intoxication as a defence is recognized in both Common and Islamic Laws ,but as earlier stated,the latter is inapplicable in Nigeria because it could only be raised in criminal and tortuous matters,which is now exclusively within the purview of English criminal justice system. Acritical perusal of the defence of intoxication in both laws, Islamic positions tends to eradicate any form of injustice, which may arise from voluntary intoxication, which is actually institutionalized, which it considers to be harmful co-existence. Intoxication, according to Black Law Dictionary, is “a situation whereby reason of taking intoxicants, and individual loses control of the normal use of this mental faculties and as such rendering him incapable of acting in the manner in which an ordinary prudent, normal and cautions man in full control of his mental faculties, using reasonable and expected care would act in such conditions”. Every intoxicant is Khamr and every (type of ) Khamr is prohibited.The drink prohibited Islam is described as Khamr.Khamra originally means “it intellect and obscures the moral sensibilities of a man .Khamr differently explained as meaning what intoxicates, of the expressed juice of grapes, or the juice of grapes when it has effervesced and the own up froth , and become freed there from ,and still, or it has a common application to intoxicating expressed juice of anything, or any intoxicating thing that clouds or obscures the intellect.
A comparative analysis of the rights of a child under the Nigerian and ugandan laws
(journal of comparative law, 2008-01) Ijaiya, Bashir Leke; Nayiga, Sauda; Mbajja, Rukia
The joy of every parent is to bear and have children; this is because this life will appear to be worthless if a man born of a woman could not in turn reproduce and procreate to have his own children too. it is a blessing from God which every parent always prays for. be that as it may, the right of a child begins from when it is yet unborn to the age of adulthood. in fact a child deserves rights from both the parents and the society. no wonder the rights of a child have been the concern of the governments at both the national and the international levels
Reappraising the status and role of the Company secretary in Contemporary corporate practice
(Journal of Comparative Law, 2007-07) Ogar, Edward. E
The role of the Company Secretary in contemporary corporate practice cannot be overemphasized, particularly with the professionalization and legislation or statutory recognition of the office of the Company Secretary in most jurisdictions of the world. He occupies a strategic position in the corporate set up and is a principal officer whose duties transcend general administrations, such that he is today rightly regarded as the ‘life-wire’ of the company. The company secretary has also been regarded by Their Lordships in the supreme courts of Nigeria as the ‘compliance officer’ of the company. All these are positive developments and indeed a departure from the hitherto notional conception of the company secretary as a mere clerical or secretarial staff of the company. It may be timely to assert therefore, that despite the nomenclature, the role of a company secretary is neither clerical nor secretarial in nature, nor is he a ‘mere servant’ of the company as he was conceived in the 19thC. These developments are, no doubt, a product of technological advancement and industrialization that have brought with them a phenomenal expansion in the corporate sector. Attendant on this also is the growing demand for specialists or professionals in almost every facet of the corporate environment; and the company secretary is one such professional whose duty is to ensure compliance with the various statutory and regulatory instruments, as well as effectively coordinate the administrative structures of the company.
Electronic evidence: a case for reform of the law of Evidence in Uganda
(Journal of Comparative Law, 2007-07) Namukasa, Aisha
The Law of evidence deals with evidence of information that tends to prove a fact in court. It is the duty of Judges to admit or reject evidential material depending on whether the items are relevant or whether the law of evidence excludes it from being admissible. A new phenomenon has sprung up revolving around the use of the computer leading to new forms of evidence that include computer generated documents. The proliferation of computers has created a number of problems for this area of the Law. People buy goods and carry out commercial transactions over the internet that has become the primary vehicle for consumer purchases, mass marketing, financial transactions, online information, entertainment and government services among others. There is need for legal regulation of evidence for these transactions This article is concerned with the need to reform the law of evidence to cover computer generated records or specifically carter for electronic documentary evidence. Many legal rules assume the existence of paper records, signed or original records. Traditionally the law of evidence relies on paper records although other kinds of physical objects have always been a part of the court rooms too. Dealing with records existing in other formats is not specifically regulated as it was not anticipated at the time the law was developed.
Case Management
(Journal of Comparative Law, 2007-07) Wolimbwa, Paul. Gadenya
Case management is the process through which a case passes through commencement (filling) to completion. It is thus a system which ensuring that once cases are commenced in the courts and become defended (or even if not defended) they progress to trial without undue delays. The same process has been referred to as case tracking, case control, court management or court control in other jurisdictions. Case management is a new concept, which was introduced to expedite delivery of justice by removing bottlenecks in the judicial system that had literally made it impossible for cases to be resolved expeditiously. For a very long time, judicial staff and legal practitioners were content to use the civil procedure rules as handmaidens of justice. Many of them had crammed these rules heart and so were court precedents like Makula International known by letter and word. One was considered a good lawyer if they knew the rules by heart and a bad lawyer, if the reverse was true. In spite of the clear CPR, judicial officers and legal practitioners for a long time could not understand why cases especially civil cases were difficult to complete and why delay had become a common problem. No one, just like the Europeans, who complain about the weather and do nothing about it, was able to come up with solution. Cases continued to delay in court, so practitioners pulled tricks of on their friends to win cases by hook or crook. Adjournments came to be the order of the day. Judges, who should have been in the driving seat, too, sat back and watched as legal practitioners, took charge of the judicial process. It was like someone watching a roman arena, as slaves fought beasts.
The place and role of the International Criminal jurisdictions in relation to National Domestic courts with regard to the principles of primacy and complementarity
(Journal of Comparative Law, 2007-07) Tumwine, William
The end of the Cold War 16 years ago marked a major shift in the development of international law. The need to address the ever-increasing culture of impunity and prevent future commission of atrocities made the international community to establish international criminal tribunals to try those responsible for the international crimes. The establishment of the international criminal Tribunal for the former Yugoslavia (ICTY) in 1993 by the Security Council marked the beginning of the establishment of these tribunals. The international Criminal Tribunal for Rwanda (ICTR) was established a year later to try those responsible for the genocide in Rwanda in 1994. However, the mandate of these tribunals was confined to the crimes that took place in the former Yugoslavia and Rwanda; they lacked the capacity to deal with other emerging cases of impunity elsewhere. This called for the establishment of a permanent international criminal court. This was ultimately achieved in 1998 when the statute of permanent international criminal tribunals, other ‘hybrid’ tribunals have been created to deal with specific country conflicts. The most prominent in this category is the Special Court for Serra Leone( SCSL), which was established in 2002.
Salient effect of Maliki's solution to the problem of 'Grandfather and collaterals in competition'
(Journal of Comparative Law, 2007-07) Ismael, Saka. Ismael
This paper is a critical analysis of the solution adopted by the Maliki school of Law to solve the knotty problem of “grandfather and collaterals in competition” in Islamic Law of Intestate Succession. It examines the various doctrines: Al-Malikiyya, Al-Shibh Al-Malikiyya, Al-Akdariyya as propounded by the school to boost the share of the grandfather as a result of the adverse affect of the solution adopted by the school has on the grandfather in resolving the problem of superiority of claim between the grandfather and the collaterals. Upon the analysis it is discovered that the purpose of the propounded doctrines is to give the grandfather a kind of leverage over the “claim” of the collaterals as upheld by the Hanafi School of Law in resolving the problem of Grandfather and Collaterals in Competition in Islamic Law of Intestate Succession.
Trade Liberalisation or Trade colonisation? An extraction of the politics in policies of the World Trade Organisation (WHO) on African Economy
(Journal of Comparative Law, 2009-01) OLOKOOBA, S.M
After the World War II, the clamour for a forum or Organisation that would serve as a platform for negotiating trade agreement and trade rules increased tremendously. This urge was what gave birth to the General Agreement on Tariffs and Trade (GATT) and it was GATT through Uruguay Round that later metamorphosis to the World Trade Organisation (WTO). An organisation created for the conduct of International trade that would raise the standard of living of member nations across the globe. However today, an increasing number of voices are being raised against the activities and policies of the WTO. Many are of the opinion that, the law and policies of WTO are inconsistent with the developmental efforts of African countries. In this paper, an attempt will be made to assess the law and policies of the WTO vis-à-vis African economy. The politics in policies of WTO on the economy of African countries will be extracted with a view to proffering some solutions and options to African countries for the survival and development of their trade economy.
A comparative analysis of Traffic Laws and the Road Users in Nigeria and Uganda
(2007-07) Ijaiya, Bashir. Leke
An appraisal of the Law on child abuse in developing countries: a case study of Nigeria and Uganda
(2009-01) Ijaiya, Bashir. Leke; Musa, Yusuf. Abdul. Rasheed
This paper examines the degree of the child abuse in both Nigeria and Uganda and how it has become so endemic that it has become so notorious in our society. It also discusses the various meanings of attached to child abuse, the types of child abuse such as physical, social, emotional and nutritional. The factors responsible for the child abuses were also thoroughly examined. More importantly, the various laws put in place by both the governments of Nigeria and Uganda to check the incessant abuses of the child. the last section is the solution and recommendations.
A comparative analysis of the rights of a child under the Nigerian and Ugandan laws
(2008-01) Ijaiya, Bashir. Leke; Nayiga, Sauda; Mbajja, Rukia
Surgical separation of thoraopagus twins
(Islamic University in Uganda, 2017) Walusimbi, Abdul Hafiz; Nayiga, Sauda
Eng and Chang bunker were the first pair of conjoined twins recorded in medical annals of gynaecology and obstetrics. Born in Siam, Thailand today, on May 10, 1811, attached by a five- inch connecting ligament near their breastbones, Eng. and Chang grew and lived a fairly private life and involved in successful business in North Carolina. They later married sisters, Sallie and Adelaide Yates respectively, produced 21 children between them and lived until they passed away in 1874 at the age of 63 years. It was after their death that medical doctors established that surgical separation could have been possible. Recent statistics put the rate of conjoined twins at a range of 1 in 50000 to 1 in 200000 births. Though conjoined twins have been the subject of scientific exhibits and medical study for quite a long time, it became a subject of courtroom battle in 2000, when the surgical separation of conjoined twins, Jodie and Mary, the children of Michael Angelo and Rina Attard of the Maltese Island of Gozo surfaced and sought judicial intervention. The case illustrated the difficulty of applying legal principles to unprecedented life-and-death decisions involving proposed medical interventions for children- particularly when parents and physicians disagree about what should be done. Despite the proliferation of sophisticated surgery techniques, the risk of surgical separation still stands high; in case of survival of both of them, anaesthesia, surgical complications, and other effects usually follow the successful separation process. But despite all these effects, medical doctors are convinced that the present quality of life is so worthless that the risky dangerous surgery is justified and should be performed. This research presents the Islamic law (Shar'iah) perspective towards the surgical separation of Thoraopagus conjoined twins whose separation involves certain death of a weaker twin to save the stronger one as presented in the cases of twins Jane and Louisa and Mary and Jodie that will be reviewed in this paper.

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