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The position on whether the presence of an arbitration clause in a contract ousts the jurisdiction of the Court in Nigeria is controversial. Although the court is under obligation to respect and enforce the agreement of parties to a contract, this cannot automatically deprive a party of the Constitutionally guaranteed right of access to the…
The concept of the immunity of arbitrators under international arbitration varies with jurisdiction. The essence of this immunity, however, is to protect arbitrators from vengeful litigation by unsuccessful parties and enable them to carry out their duties without fear or favour.
The ECOWAS Community Court of Justice also known as CCJ jurisdiction is set out in Article 9 of the 1991 Protocol which states that the Court “shall ensure the observance of law and the principles of equity in the interpretation and application of the provisions of the Treaty.”
While plea bargaining has the potential to improve the efficiency of the Nigerian criminal justice system, there are also valid concerns about its potential to undermine the principles of fairness and justice. As such, it is important to ensure that any use of plea bargaining is carefully regulated and monitored to prevent abuse and to…
Witness protection is a recent development in Nigerian law and practice, as an important source of evidence, a witness’s testimony is where a person has firsthand knowledge of what happened at the crime scene or who is aware of other important details that are significant to the case.