Faculty Of Law,
Obafemi Awolowo University,
Ile-Ife, Nigeria.
e-HANDBOOK.
Course Outlines of:
Part 3:
·
BUL301: Commercial law I agency
·
JPL301: Law of Tort I
·
PUL301: Criminal Law I
·
BUL303: Law of Banking and Negotiable
Instrument I
·
JPL303: Islamic law I
·
JPL305: Family Law I
Part 4:
·
JPL401: Land Law I
·
JPL403: Equity and Trusts I
·
PUL 401: Law of Evidence I
·
BUL 401: Law of Insurance I
·
BUL403: Law of Intellectual and
Industrial Property I
·
INL401: Public International Law I
·
INL 403: Conflict of Laws
·
INL 405: Maritime Law I
Part 5:
·
BUL 501: Law of Business Association I
·
JPL 501: Jurisprudence and Legal Theory
I
·
BUL 504: Law of Taxation II
·
BUL 505: Energy Law I
·
INL 501: International Trade &
Investment Law
·
JPL 505: Law of Conveyancing I
·
PUL 501: Administrative Law I
·
PUL 501: Administrative Law I
·
PUL 503: Environmental Law I
·
Law 597 & 598: Long Essay
INL 503: International Humanitarian Law
I
PUL207: Criminology I (Law
Elective)
The meaning, nature and scope of criminology, the evolution of
criminological thought, phenomenology, actiology of crime and victimology.
Legal principles relating to insanity, mental deficiency and other forms of
mental incapacity. Criminological aspects of victimless crimes. The Criminology
of enforcement. Criminology forecasting and planning.
PUL208: Criminology II
(Law Elective)
Drug addiction, alcoholism, juvenile delinquency, theories of
punishment, the law governing sentencing and court orders made in respect of
criminal cases, sentencing practice, treatment techniques and strategies and
criminology research methods. Philosophies of punishment, correction and
treatment; analysis of different forms of punishment or treatment, execution;
the correction of the convicted.
BUL301: Commercial law
I agency (Core Course)
Definitions and formalities and capacity; authority of the agent; ratification;
types of agent, rights and duties of principal and agent, termination of agent;
relationship of principal and agent to third parties.
BUL302: Commercial law
II (sale of goods) (Core Course)
Nature and formation of
contract; conditions warranties and representation, ownership and passing of
property; duties of sellers; duties of buyers, effect of contract; remedies;
special commercial contract outline, the use of various payment devices e.g
cheques, credit cards, luncheon and fuel vouchers.
Hire Purchase
Nature and creation of hire-purchase contracts: obligations of parties at common
law duties of owner and hirer; remedies available to parties at common
law-remedies of owner and hirer; termination of hire-purchase contract;
liability of the dealer; the Hire Purchase Act 1965.
JPL301: Law of Tort I
(Core Course)
Historical
background and general principles of tortuous liability (defences will be
considered in relation to each tort); scope and social function of tort;
trespass to person, assault, battery , false imprisonment and intentional harm to
the person; trespass to land; trespass to chattel, conversion and detinue;
vicarious liability; Negligence- duty of
care. Standard of care, proof of negligence, nervous shock , contributory
negligence and damages, including remoteness of damage.
JPL302: Law of Tort II
(Core Course)
Nuisance,
Rylands V. Fletcher; liability for animals; occupiers’ liability. Malicious
prosecution; Defamation; Death as a course of action; (fatal accidents);
deceit; economic torts-passing off, civil conspiracy, intimidation,
interference with contract; parties; joint torts; remedies.
PUL301: Criminal Law I
(Core Course)
(a)
General
Introduction and Purpose of Criminal Law
(b)
History
and source of Nigeria criminal law
(c)
Classifications
of offences
(d)
The
content of criminal-Law and Morality
(e)
Corporate
criminal liability
(f)
Principle
of legality
(g)
Element
of an offence - actus reus, mens rea, voluntariness of conduct, omissions
as actus reus, causation, no
liability without fault, concurrence of actus reus and mens reas,- strict liability.
(h)
General
Defences- Insanity, intoxication, automatism, immaturity, bona fide claims of
right, mistake of fact and law, accident.
(i)
Punishment
and its alternatives
PUL302: Criminal law
II (Core Course)
(a)
Parties
to an offence
(b)
Common
purpose doctrine
(c)
Inchoate/preliminary
offences-attempt, conspiracy, incitement, solicitation.
(d)
Offences
against the person - unlawful homicide –murder, manslaughter, assault, rape
(e)
Offences
against property- stealing, burglary, armed robbery, false pretences.
(f)
Offences
against the State and Public order.
(g)
Offences
of corruption.
(h)
Specific
defences – Self-defence, Defence of Property, Provocation.
(i)
The
Police and administration of criminal justice.
BUL303: Law of Banking
and Negotiable Instrument I (Law Elective)
Nature , history
and evolution of banking in Nigeria. Law regulating the establishment and
operation of banking in Nigeria. Types of
banks. Nature and legal effect of negotiable instruments including cheques,
promissory notes, bills of exchange etc. Relation of bankers and customer,
types of account, overdraft and appropriation of payment and garnishee order,
bank notes, cheques and their crossings.
BUL304: Law of Banking
and Negotiable Instrument II (Law Elective)
The paying
banker and the collecting banker. Conversion and forgeries, security for
advances. Banker’s commercial credits, negotiability and assignability –
negotiation – endorsement and delivery, holder in due course, presentment , and
acceptance parties liable, notice of dishonor protest- discharge of a bill.
JPL303: Islamic law I
(Law Elective)
Introduction
and the historical background. The nature and sources of Islamic law. The
historical background; (a) the rise of islam-sharia. The development of
judicial system, Muadh Jabel’s appointment.
Prophets direction: Umar’s direction to the judges, the Development of Judicial
Institution: Qadi Muhtasib, Wazir
Mazalim. The emergence of schools of La Maliki, Hanafi, Shafii, Hanbali, J’fari
and Zshiri. The development of the Islamic Legal Literature: Types (e.g compendia,
abridgments, gersses, responsa, etc); the frequently consulted authoritative
texts of the various schools of law. Modern developments: Impact of western
Legal system. Islamisation of laws in
recent years.
JPL304: Islamic law II
(Law Elective)
The Islamic
law in Nigeria. The historical background, introduction of Islam in West
Africa. The Maliki school of law: Maliki school B; Anas, Maliki School. The spread
of Maliki School in Nigeria. Authoritative books, Court system. The application
of Islamic law during the British
period. The extent and application of Islamic Law at present.
JPL305: Family Law I
(Law Elective)
Nature of
family including the extended family system, the nature and sources of Nigerian
family law. Nature, form and incidence of marriage under statutory,
customary/Islamic law, Contract and celebration of marriage. Formal and
essential validity of statutory and customary marriage, void and voidable
marriages, dissolution of marriage.
JPL306: Family Law II
(Law Elective)
Rectification
of marriage, judicial separation; maintenance and financial relief, legitimacy,
custody; guardianship and adoption; succession, testate and intestate in
customary, Islamic and statutory laws; foreign marriages.
JPL401: Land Law I
(Core Course)
Introduction
(a)
Historical
evolution of land law
(b)
Sources
of Nigeria Land law
(c)
Terminology
- ownership, possession, title rights, liability, land ,etc
(d)
Estates
(e)
Co-ownership
Customary
Land Law
(a)
Modes
of acquiring title to land, settlement , expansion, loan or borrowing;
(b)
Pledge
or pawn; gift; conquest, allotment, kola tenancy.
(c)
Concept
and ownership of land
I.
Nature
of land today.
II.
Control
and management of community land - individual rights and extent of community
land today.
III.
Creation
of family land – nature and extent of member’s right in family land, control of
family lands, alienation of family land, recovery of family land, improvement
by a member of a family land, termination of family land.
IV.
An
outline of succession to right in land
V.
Prescription,
latches and acquiescence.
JPL402: Land Law II - Non-customary
Land Law
(a)
The
Land Use Act- State control of land, grant of right of occupancy; what
certificate of occupancy connotes; alienation of certificate of occupancy;
revocation of certificate of occupancy; compensation for revocation.
(b)
Relationship
between Land Use Act and other State Land Law
(c)
An
outline of control of natural resources; mineral, water and forest; agrarian
reforms.
(d)
Leasehold,
easements, profit a predre, covenants mortgages.
(e)
Registration-
registration of instruments, registration of title.
JPL403: Equity and
Trusts I (Core Course)
A.
General
principles of Equity:
Nature , doctrine and history of equity, its development in
England and its introduction to Nigeria, the relationship between Equity and
common law; conflict between equity and customary law; maxims of equity; nature
of equitable right and interests; priorities; assignment of choses in action;
conversion; election; satisfaction.
B.
(a) Equitable remedies – injunction; specific
performances; rescission; rectification; delivery up and cancellation of
documents; account receivership; restitution.
(b)
Equitable defences - Estoppel , latches and acquiescence.
JPL404: Equity and Trusts
II (Core
Course)
The
Law of Trusts:
(a)
Nature
and classification of trusts; the requirement of trust; express privy trusts;
charitable trusts, constructive trusts, protective and discretionary trusts (an
outline only) trust in favour of creditors.
(b)
Appointment
of trustees- duties and discretion of trusts, power of trustees; breach of
trust; retirement and removal of trustees.
(c)
An
outline of administration of estate.
PUL 401: Law of
Evidence I (Core Course)
a.
General
introduction
b.
Source
of Nigerian law of evidence
c.
Direct
and circumstantial evidence
d.
Facts
in issues and relevant facts
e.
Complaints
f.
Similar
fact evidence, res gestae
PUL402: Law of
Evidence II (Core Course)
a.
Character
evidence
b.
Opinion
evidence
c.
Hearsay
evidence
d.
Estoppel;
Competence and Compellability of witness
e.
Privilege
generally
f.
Corroboration
g.
Burden
of proof
h.
Documentary
evidence
BUL 401: Law of Insurance
I (law elective)
Definition of
insurance – Parties to the contract – Essentials of contract of insurance, Classification
of contracts of insurance – Offer – Cover note – The ship – Acceptance –
Principle of good faith – Non disclosure and misrepresentation – The policy –
Commencement and duration – Premium – Insurable interest – Conditions and WSarranties
– assignments – notification – cancellation.
BUL 402: Law of Insurance
II (law elective)
Rules of
construction – Time of loss – Proximate cause – Making of claim – Burden of
proof - settlement of claim – payment of loss – Application of proceeds of
policy – Rein Statement – Indemnity – subrogation – Contribution – Reinsurance –
Agency in insurance transactions –Particular types of insurance – Motor life – Burglary
– Personal accident – Guarantee – Governmental participation in insurance –
NICON – African Reinsurance Corporation – Governmental control of insurance
business.
BUL403: Law of Intellectual
and Industrial Property I (law elective)
General
nature of copyright; need for protection; forms of protection. Universal copyright conventions; International copyright;
Fair use in the law of copyright; copyright; copyrighting literary, scientific
and technical works; advertisement; music; television broadcasting, computer
programmes etc; ownership of copyright; authorship joint authorship,
commissioned works, employees work; Application for copyright – opposition to
the grant; Revocation by the Registrar; Grounds for revocation; assignment,
licenses; infringement of copyright – Remedies for infringement – copyright and
the press.
BUL404: Law of
Intellectual and Industrial Property II (law elective)
a)
Trade
Marks:
Definition and nature of a Trade mark,
need for protection – Right to apply and the application system – Registrable
Marks – Restrictions on registration – Effect of registration – Infringement of
trade mark – remedies for infringements.
b)
Patents:
The nature of
patentable inventions – international patent system – Right to apply and the
system of application – opposition and
Grounds of Revocation – Onership of
Patents – assignments and licenses – infringement and remedies.
c)
Trade
secrets, trade names, unfair competition and restraint of trade.
INL401: Public
International Law I (Law Elective)
General Introduction.
History and sources: International and Municipal Law subjects of the Law of
Nations-
(a)
States
– Nature and Classification: recognition of States; belligerent de jure and de
facto.
(b)
State
succession
(c)
Territory;
Acquisition and Loss.
Individuals;
Nationality
and domicile, Human rights and fundamental freedoms. Diplomatic representation:
Status and functions of diplomatic envoys and consuls; privileges and
immunities, diplomatic missions of international organization. State
responsibility and conditions of basic international claims.
INL402: Public
International Law II (Law Elective)
State jurisdiction:
Territorial water and airspace,
international servitudes and waterways. International Agreement: nature, entry into force,
ratification, reservations, interpretation and discharge.
International
Organisations:
a)
The
United Nations and its Charter - specialized
agencies; Disputes; Pacific and non – pacific methods of settlement.
b)
The
Organisation of African unity.
c)
ECOWAS
Law of the sea:
War and neutrality:
a)
Position
of belligerent forces and civilians in war.
b)
The
Hague and Geneva conventions.
c)
Economic
warfare war on land sea and in the air.
d)
Effects
of outbreak of war on persons, actions, contracts, treaties. The legal capacity
to use force – States, recognized belligerent and U.N. the legal claims to make
war and U.N Charter obligations. Position of neutrals, punishment of war
crimes-Nuremberg Trials.
INL
403: Conflict of Laws
(a)
Nature
and Scope of Conflict of Law – Internal and International Conflicts
(b)
General
Principles of Conflict of Law.
i.
Jurisdiction
and Exemption from Jurisdiction of the Courts.
ii. Exclusion of Foreign Law/ State Laws.
iii) Characterization.
iv) Domicile and Nationality.
v) Renvoi.
INL 404: Conflict of
Law II
Conflict
situations (internal and external) and choice of Law in:
a)
Law
of Pensions: Status, Marriage and Matrimonial causes, infants, legitimacy and
legitimation and adoption, lunatics, succession.
b)
Law
of Obligation. Particular Contract.
c)
Law
of Tort.
d)
Law
of Property-movable and immovable.
e)
Recognition
and Enforcement of Foreign/State Judgments.
f)
The
need for a uniform legal system.
PUL 403: Law and
Medicine I
·
Civil
Liability of Physicians – Brief Introduction
·
Contractual
Liability.
·
Tortuous
liability.
·
Grounds
of the Physicians Liability.
·
Treatment
contra legem artis (Malpractice)
·
Duty
of Care.
·
Standard
of Skill.
·
Treatment
and Omission of Treatment.
·
Vicarious
liability, Causality, Damages.
·
Treatment
without the Patients Informed Consent.
·
Essentials
of Consent.
·
The
Physician’s Duty of Secrecy, Doctor-Patient Privilege – Rules and Exceptions.
Civil Liability in connection with Hospital treatment, Civil Liability with
regards to new methods of Treatment and experimentations.
·
Medicine
and Drugs – Clinical Tissue Transplants Transplantation Liability. Liability
with regards to Artificial Insemination by a Donor; Egg and Ovary Transplants,
Embryo Transfer.
·
Marriage
and Mental Disorder
·
Testamentary
Capacity.
PUL 404: Law of
Medicine II
·
Selected
Problems of Expert Opinions
·
Crisis
of Evidence Provided by Medical Expert
·
Reciprocity
between Medical and Legal Professional People.
Child Abuse
·
Euthanasia,
Natural Death and the Right to Die, Legal Death, Life Support Systems, Abortion
Forensic Psychiatry
·
The
Mentally - abnormal offender; mental disorder; classification of mental
disorders; mental disorders and crime.
·
The
role of low intelligence/high intelligence and crime psychological explanation
of crime-personality theories about crime. Drug/Alcohol dependency and crime.
Criminality and Chromosomal abnormalities – recidivism. Psychiatric Examination
and Reports to the Court.
·
Punishment
and Treatment
·
Criminal
Responsibility
·
Diminished
Responsibility
·
Legal
Enactments – Mental Health Acts.
INL 405: Maritime Law
I
The history
and origin of Maritime law; substantive matters like carriage of goods by
water; charter parties; marine insurance; maritime salvage; collision at sea;
general and particular average; and personal injury and death.
INL 406: Maritime Law
II
Admiralty
jurisdiction and procedure matters – jurisdiction over maritime claims; considerations
of federalism; forum non conveniences; conflict (choice) of law; special procedures
in admiralty cases; limitations of liability; ,maritime liens and in rem
concept; suit against governments, including foreign governments.
BUL 501: Law of Business
Association I
a)
Forms
of Business organizations, sole proprietorship; partnership; incorporated
companies; creation and incidents.
b)
Formation
of companies; certificate of Incorporation; pre-incorporation Contracts;
promoter’s liability.
c)
Memorandum
of Association; Doctrine of Ultra-Vires; Alteration of Memorandum and the
Objects Clause.
d)
Articles
of Association; Contractual effect of Memorandum Articles; Alteration of
Articles
e)
Doctrine
of Constructive Notice and Indoor Management.
f)
Prospectus
Statement in Lieu of Prospectus; Remedies Mis-representation.
BUL 502: Law of Business Association II
a)
Company
Securities; Shares and Debentures; Becoming and Ceasing to be a Shareholder;
Transfer of Shares; Floating Charges.
b)
Directors
and Other Offences; Appointments, Removal, Duties, Rights and Powers.
c)
Meetings
Resolutions
d)
Majority
powers and Minority Rights: Prevention of oppression and mis-management.
e)
Reconstruction
and Take-overs.
f)
Winding
up (outlines)
g)
Partnership;
relation of partners interse and to third parties, dissolution of partnership.
JPL 501: Jurisprudence
and Legal Theory I
Introduction:
The Nature, Definition and Scope of
Jurisprudence, Meaning and Functions of Law; The purpose of the Study of Law
and Jurisprudence; The relation of Law to:
a)
Justice;
b)
Morality;
c)
Ethics
d)
Religion;
and
e)
Social
Change.
The relation of the above concepts to Islamic and Customary Law
Language and the Law; the problem of grammatical and semantic ambiguities.
Sources of Law:
Legislation, Customs and Judicial Precedents. Nature,
ascertainment, applications and the role of these sources in contemporary and
early societies; Analysis of Fundamental Legal Concepts; Legal Personality,
Rights and Duties; Possession, Ownership Sovereignty.
JPL 502: Jurisprudence
and Legal Theory II
Schools of Thought concerning the nature, origin and function of
law in Society.
a)
Natural
Law School
b)
Legal
Positivism;
c)
Pure
Theory of Law
d)
Historical
School;
e)
Marxist
Theory of Law
f)
Indigenous
Theories and Concepts of Law;
g)
Islamic
Schools of Law;
Law Reform:
Nature, ascertainment, codification, restatement, adaptation and unification of
Customary Law.
BUL 503: Law of
Taxation I
The nature,
meaning and various forms of taxation the general principles and administration
of tax and the rules governing residence and ordinary residence tax payers,
including individuals, companies and other business organizations. The definition,
ascertainment and computation of income for tax purposes, deductions and
allowance, which may be set against income Tax Reliefs.
BUL 504: Law of
Taxation II
Different
types of tax and duties imposed by the governments, taxing powers of
government, problems of double taxation, married women, and tax exemption of
pensions and gratuities. Tax treatment of groups of companied, reconstruction
amalgamations and dividends.
BUL 505: Energy Law I
a)
The
origin and occurrence of Oil and Natural Gas.
b)
Theories
of Ownership in Oil and Gas.
c)
United
Nations and Natural Resources.
d)
Interests
in Oil and Gas – Oil concession, effect of righ of concessionaries on natural
gas.
e)
Expropriation
of Rights in Oil and Gas.
f)
Oil
and Gas Pipelines – Nature, legal Status, conditions for grants, rights and
obligations of the licenses.
BUL 506: Energy Law II
a)
Refining
of Petroleum Oil
b)
Pollution
c)
Oil
and Gas Revenue Legislation
d)
Administration
of Petroleum Profits
e)
Nigerian
National Petroleum Corporation (NNPC)
f)
State
Participation on the Petroleum Industry.
g)
Manpower
Development.
h)
Organization
of Petroleum Exporting Countries (OPEC)
i)
Consideration
of other sources of energy including electricity, hardrock minerals and nuclear
energy:
·
Nature
of property rights in,
·
State
Control of, and Participation in development of these sources,
·
National
regulation of foreign investment in the development of these sources.
j)
The
International Energy Agency (IEA)
INL 501: International
Trade & Investment Law
1.
The
Concept, Nature and Development of International Trade and Investments
2.
Sources
and Basic Principles of International Trade and Investment law- The principle
of the Permanent sovereignty of States over their Wealth & Natural
Resources – Principle of the Free choice of the forms of organization of a
country’s external relations – Principle of economic non-discrimination. Treaty
Standards- the Most Favoured Nation Treatment Standard- National Treatment
Standard – Principle of reciprocity.
3.
Institutional
Framework for the conduct of International Trade – General Agreement on Tariffs
& Trade (G.A.T.T) World Trade Organizations (W.T.O); United Nations
Conference on Trade and Development (U.N.C.T.A.D) A.C.P-EEC Lome Conventions
4.
Economic
Integration Schemes/Regional Trading Arrangements – General Outline of major
forms of International Integration – Free Trade Areas – Customs Unions – Common
Markets – Complete Economic Unions – Complete political integration Schemes –
the European Union (E.U) – North American Free Trade Area (NAFTA) – African
Economic Community (AEC) – Economic Community of West African States.(ECOWAS)
5.
The
Concept of Contract in the Transnational Investment Progress – Concessions – economic
development agreements – management contracts – joint ventures – service
contracts – sales or purchasing contract – production sharing agreements; Legal
Protection of Foreign Investments; Export Processing zones.
INL 502: International
Trade & Investment Law II
1.
Basic
Principles of Contract of International Sale of Goods – Export Documentation.
2.
Carriage
of Goods in Export/Import Transactions – Carriage by Sea – Bill
3.
International
Trade Finance and payment – Bills of Exchanges – Letters of Credit – Bank
Guarantees.
4.
General
Outline Insurance in International Trade – Marine Cargo Insurance – Ari Cargo
Insurance – Export Credit Insurance and Guarantee Schemes
5.
Settlement
of Trade & Investment Disputes- Commercial Arbitration – Commercial
litigation.
JPL 505: Law of
Conveyancing I
The course concerns the law relating to the transfer of legal
estates and interest in Land. . It
examines capacity of parties, the contract for the transfer of a legal estate
or interest in land – leases, mortgages, assignments. It also deals with the
transfer of title to land. The relevance of the study is examined in the light
of the Land Use Act 1978.
JPL 506: Law of
Conveyancing II
This course examines the contents of a Conveyance. It also
considers settlements. The relevance of the study is examined in the light of
the Land Use Act 1978.
PUL 501:
Administrative Law I
Nature, Scope and Sources of Administrative agencies and
procedure, Relationship between Administrative Law, the Rule of Law and
Separation of Powers and Delegation of powers. Delegated legislation – its
nature forms making and control thereof.
PUL 502:
Administrative Law II
Administrative adjudication, power of administration, administrative
invasion of tribunals of the peoples’ legal right and delegations – tribunals
and inquiries. Judicial control of administrative and Judicial power of
administration:-
a)
Ground
of Judicial review e.g Ultra vires, natural justice and error of law.
b)
Remedies
– e.g certiorari, prohibition, mandamus, declaration, injunction, habeas
corpus, damages and appeal, ombudsman.
c)
Action
by and against the State, Corporations including local government.
PUL 503: Environmental
Law I
Historical
background: global economic, industrial and technological challenges of the
post-war era; sources/causes of environmental pollution: Sources of
Environmental Law; National Policy on the Environment;; Legal framework for the
protection of the environment; Federal Environmental Protection Agency and
State Environmental Protection Agencies; Federal and State Laws in response to
problems concerning pollution of air, water, land etc. Case law on
environmental protection.
PUL 504: Environmental
Law II
The United
Nations Environment Programmed; Contemporary International environmental issues
i.e transboundary movement of hazardous waste; Protecting the Ozone Layer,
Global climate change; Acid Rain, Desertification, Deforestation; Loss of
bio-diversity; Manipulation of the environment in war-time; Non-Governmental
Organisations (NGOs) e.g Green Peace etc.
Law 597 & 598:
Long Essay
Each final
student will have approved for him or her, a topic of research at the beginning
of the final year. Such a candidate will be expected to produce a
well-researched essay containing a minimum of 10,000 words under the
supervision of a member of the academic staff.
INL
503: International Humanitarian Law I
1.
Introduction:
History
– Evolution – I.N.L within Public International Law.
2.
Humanitarian
Law, Human rights and Disarmament
I.H.L
and Law of War
I.H.L
and Disarmament.
I.H.L
and Human Rights – Convergence points between Humanitarian Law and Human
Rights.
3.
Fundamental
principles of I.H.L: Law of Hague and Law of Geneva
Definition
of basic concepts
The
Law of the Hague – History and legal bases – Fundamental principles.
