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 503: Environmental Law I

· Law 597 & 598: Long Essay

INL 503: International Humanitarian Law I

Part Two:

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.

PART THREE

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

(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

(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.

PART FOUR

JPL401: Land Law I (Core Course)

Introduction

(a) Historical evolution of land law

(b) Sources of Nigeria Land law

(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.

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

(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.

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

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.

PART FIVE

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.

Tuesday, March 19, 2013

Faculty Of Law, Obafemi Awolowo University, Ile-Ife, Nigeria. e-HANDBOOK!