FINALISTS’ INITIATIVE 2017

 

CALL FOR ARTICLES

Our five years is almost over and indeed we are almost lawyers. We are a team of four finalists of the prestigious Faculty of Law, University of Ibadan. We have decided to give a little something back to the Faculty.

It is the first ever of its kind! We hope it would be the first of many. It is a publication of students, by students and for students!

We are inviting you to be a part of history and this legacy. The title of the publication is: VENIMUS 2017: Selected Legal Commentaries

ELIGIBILITY

All Law Students of the Faculty of Law, University of Ibadan.

TOPICS

Recent Legal Issues in Nigeria and the World.

AREAS OF LAW:

The topic must cover at least one of these areas of law

  1. International Human Rights Law
  2. Tax
  3. Constitutional Law
  4. Criminal Law
  5. International Humanitarian Law

 

SELECTION

Only twenty articles would be selected for the publication. Compliance with the instructions would be taken into consideration.

STYLE

  • Abstract is compulsory (in italics). Between 100-150 words
  • Main Article- 1,500 words- 2000 words. Excluding footnotes
  • Footnotes must be in UI style. So as to assist those who have no idea of the UI Referencing style, the format has been provided for and is included at the end of this document.
  • Times New Roman 12
  • Spacing- 1.5

SUBMISSION

Two copies must be submitted. One in pdf and the other in doc(words). The two must be sent as attachments to the email address provided. Name and Level must also be included. One entry by contributor. Contributors should avoid plagiarism please and the article to be submitted must not have been previously published. Please take note!

Submission should be made to: venimus2017@gmail.com

DEADLINE

October 10, 2017.

 

For further enquiries:

Oluwaseun (500l)-08130158024

Fisayo (500L)-08177006861

Mujib (500L)-07031085118

Iyinoluwa(500L)-08063480331

 

Referencing Style

JOURNAL

  • Format

Name of Writer. (Year). Title of Article. Name of Journal, No. Vol: page(s).

  • Examples
  1. Petreski, M. (2015). The International Law and the Use of Force by the States. Journal of Liberty and International Affairs, 2.
  2. Rene, V. (2003). The Use of Force in the Modern World: Recent Developments and Legal Regulation of the Use of Force. Baltic Defence Review, 10.2:27-44.

ONLINE ARTICLE

  • Example

Lacewing, M. Just War Theory. Retrieved August 25, 2016 from http://documents.routledge-interactive.s3.amazonaws.com/9781138793934/A2/Political/JustWarTheory.pdf

TEXT

  • Format

Author. (Year). Title of Text(ed.). Place of Publication: Publisher, Page

  • Examples

Shaw, M.N. (2008). International Law (6th ed.). Cambridge: Cambridge University Press, p. 1119.

Heywood, A. (2011). Global Politics. UK: Palgrave Macmillan, p. 254.

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I AM A LAW STUDENT, I CAN’T KEEP CALM

What happened to asking straightforward questions like, ‘What is Tort? What are the elements of defamation?’
Honestly, life will definitely be easier for everyone if we have questions like, ‘What is mandamus?’

Do our questions really have to come in stories and comprehension passages? I mean, what kind of story needs authorities? It hurts my well manicured fingers(abi nails) to hold the pen for 3 hours trying to write what I was taught in about thirteen weeks. Honestly, this is   unfair and I am sure it is against some principle of natural justice (I still don’t know which one though, still searching…).

There is also that very thing called ‘cases’. Those story like questions require cases. The cases are like the spice of the dish, so you have to keep alternating between a red pen and your normal pen(at least it makes the booklet colourful). In my own opinion, some people are just out to oppress poor souls like me, their whole booklet is full of red ink and I have to ask myself if they are giving their own judgment because a look into my own booklet that barely have three lines of red ink in a page is depressing(don’t you dare ask how I get to see someone else’s booklet in the exam, I can’t explain…it just happens).

image

Source: Internet

Why can’t we just answer our comprehension passages without citing any case? I mean does evey principle have to have a case. We are forced to remember names of some persons who by themselves got into trouble (well, some are victims of circumstances sha). It is annoying that someone went to court just because she found a decaying snail in her bottle of beer and made that our own problem. She could have stayed at home or something instead of giving us extra stuffs to read(Some of us were not even born when she decided to drink that beer). I am still searching for Donoghue or is it Stevenson. Do they know how many times I saw dead rats in my sachet of water?(please, don’t even say anything or ask how). I just grab a bottle of Alomo bitters and I am fine.

What is wrong with these people? What has happened to the good Spirit of Forgiveness?
If everyone could just be like me, then there will be no cases to cite.

Honestly, it is not easy being a Law Student…Lord Denning had to die leaving lots of ratio,dictum and dissenting judgements for simple minds like us to struggle with. I am not beefing the guy or something but honestly he left lots of those stuffs behind.

image

Source: Internet

Oh! I almost forgot those law makers that can’t write in simple and straight English. They keep writing, ‘wherefore herein the proceeding subject to the , otherwise nature whilst the subject matter…'(well, I don’t know if that is even a section in any enactment). I can’t blame them, it is copy and paste they do ‘upandan’.

I really would love to write more on my grievances as a Law student but then I just suddenly remember I have to read Law of Evidence ( if only people can be truthful, there wouldn’t have been need for this course).

Enjoy your day Legal Penguins(Penguins? Really? Who even started this Penguin thing? So we are now animals abi?) !!!

If Your Husband Cheats, Then Jail Him!

“If society doesn’t think that it is wrong and unheard of for my husband to be cheating on me and beating me in this game of marriage, why then should I think of what the society might say if I decide that he spends a while where human animals like him are kept?”

In my last Family law class, there was a powerful discourse and debate among my learning colleagues. The debate had something to do with whether it is actually practicable for a wife to send her husband to jail for his matrimonial misconduct with reference to having another wife.
Just before you ask why a wife would want to do that, let me explain something.
In Nigeria, there are three types of marriage recognised by the law: the statutory, the customary and the islamic marriage. The statutory marriage is what many people do when they say they are going to registry and call it court marriage. Whatever you decide to call it, it simply means you are married under the laws of Nigeria and you have promised to enter into a ‘one man one woman’ marriage. Some churches that are licensed place of worship can also validly conduct this statutory marriage. If you get married in church without going to court and the marriage certificate you are given does not have Nigeria’s coat of arm, instead it has the logo of your church, then you have not entered a legal ‘one man one woman’ marriage, so if your husband should stray, you just have to keep praying for his life.

Let me get to the main gist. For statutory marriage, the Nigeria Criminal Code Cap 38 Section 370 provides for the offence of bigamy. Not to bore you with the legal jargons in the section. The section is saying that, if while you are still legally and validly married to your wife or husband you decide to marry another wife or husband despite the fact that your first husband or wife is not dead, the law says you have committed a crime and that you should be sentenced to SEVEN YEARS IMPRISONMENT.

This provision relates to both the wife and husband but the debate was basically in relation to the husband. That is, where after contracting a statutory marriage, Toke’s husband gets ‘tired’ of her and he decides to get back into the playing and fishing arena. Along the line, he hooks Joko, gets Joko pregnant and goes to do ‘traditional marriage’ with Joko in her family house. Then the ever-ready elders of Toke’s husband family house comes to Toke, make some funny prayers and hands Joko over to Toke as her younger wife.
The scenario I just painted is something we all understand. Okay, after the handing over, Toke decides she is fed up and wants out of the marriage and since her husband has committed a crime, she sues him and he is sentenced to prison for just SEVEN YEARS.
Is there anything wrong with that?

The society has answered this question in a number of ways, based on sentiment. The society we are in is ‘men’s world’. A society where the man is always right because he is a man and the woman is wrongly simply because she has ovary instead of testes. The man can be forgiven for having another wife but the woman is ostracized for straying.

This is not about being a feminist, but if you think it is, then so be it. It is totally unheard of for a woman to sue her husband for bigamy in Nigeria, even if the husband has ‘married 100 extra wives’. The wife would simply be told to exercise patience and that it is not a new thing. To add more salt to her injury, she would be told to remember her children and that he is the father of the children. To top it all, they will tell her that it is a normal thing for men. And so, the woman begins her gradual journey into mental, emotional and physical depression but the society will have nothing to say to help her.

Seriously speaking, where was the society when he was straying and couldn’t control his animalistic traits. He entered into a ‘one woman one man’ marriage with his eyes wide opened and signed to that effect. He could have easily decided to go into customary marriage where it is ‘a man infinite women’ marriage. There was a time when divorce was unheard of in this society but the trend has changed, though, it is not very common but it still exist. Just like that, suing your husband/wife for bigamy will soon become a “not too strange” affair no matter what the society thinks. Personally, I give it ten to fifteen years  maximum.
In as much as the society doesn’t change its thinking cap on some issues, what the society think will soon stop being of any importance.
Toke didn’t marry society. Society didn’t follow Toke to court to enter into a ‘one way’ marriage. Society won’t join Toke in going through the abuse that might follow. It is not society that will suffer depression, it is Toke.
So, if Toke says, to hell with society and sends her cheating and unfaithful husband to jail, then so be it. Society should learn to mind its business especially where it can’t help.

Some are like, ‘what will you tell your children when they ask for their father?’ ‘how will you tell them you sent their father to jail?’
The answer is simple. You open your mouth and tell them what kind of cheat and straying animal he was and why he needed to be sent to a place for people like him.

Who knows, you might even be saving him from trouble by sending him to jail for seven years.

If you can however stay in it, then do so because you want to not because of what the society expects of you.
Our society expects so much but gives nothing in return.

Oyekan Oluwaseun O