LL.M. /Ph.D. Course Structure

• 
  Jurisprudence & Legal Theory
  
• 
  Comparative Administrative Law
  
• 
  Comparative Constitutional Law
  
• 
  Constitutional Laws of AU Commonwealth Countries
  
• 
  Comparative Company Law
  
• 
  Law of Labour Relations
  
• 
  Comparative Family Law
  
• 
  Comparative Conflict of Laws
  
• 
  Comparative Criminal Law & Procedure
  
• 
  Law of the Sea
  
• 
  Law of International Institutions
  
• 
  Criminological Foundations
  
• 
  Secured Credit Transactions
  
• 
  Law of Landlord and Tenant
  
• 
  Sentencing and Treatment of Offenders
  
• 
  Planning Law and Compulsory Acquisition
  
• 
  International Economic Law
  
• 
  Juvenile Justice
  
• 
  Law of Intellectual Property
  
• 
  International Humanitarian Law
  
• 
  Corporate Governance
  
• 
  International Human Rights Law
  
• 
  International Environmental Law
  
• 
  Maritime Law
  
• 
  Telecommunications Law
  
• 
  Medical Practice Law
  
• 
  Research Project
  

3. 
   COURSE SYNOPSIS OF THE LL.M. /M.Phil./Ph.D. PROGRAMME
   

1. 
   The History of Legal Theory and modern schools of thought concerning the nature, origin and function of law in society.
   
2. 
   Analysis and evaluation of specified concepts used in Law, to be illustrated, where appropriate, by comparisons between common law and civil law legal systems. The concepts to be examined are the following: contract; quasi-contract and restitution; crime (in relation to morals); acts; omissions and involuntary conduct, intention, negligence, recklessness, strict liability, vicarious liability, mistake, malice, abuse of rights, public policy.
   
3. 
   Advanced application of Nigerian Customary Law; the Nature of Customary Law generally, Judicial ascertainment of customary law and the doctrine of judicial precedent; Customary law and judicial notice. Customary law and the repugnancy doctrine, Codification, restatement, adaptation and unification of customary law.
   

The object of this course is to focus attention not only on the various legal problems relating to Land law, but also on the economic and social implications involved in any change in the law.

Although Nigeria will be used as a base, reference will be made to other African countries having similar problems. Particular attention will be given to the following: the goals of African land Policies; Methodology of land reform (i.e. Individual as compared with communal or collective tenure, freehold as opposed to leasehold interest) in its relation to economic and social development; Land Use and Control regulations; Credit aspects of Land reform; Public acquisition of Land; Land Tax; Inheritance reform as an aspect of the land reform. A basic knowledge of Land Law will be assumed.

Comparative Family Law

1. 
   The nature and sources of Family Law and succession.
   
2. 
   Marriage: Preliminaries to marriage; statutory marriage: formal and essential validity; void and voidable marriages; customary marriage: capacity, formal and essential validity, statutory regulations relating to customary marriage: Islamic marriage: formal and essential validity. Plural marriages (marrying different persons by different forms); conversion of marriages (marrying the same person by different forms); dissolution of statutory, customary and Islamic marriages; Jurisdiction: State or Federal; choice of law; annulment of marriage and judicial separation. Incidents of marriage; legitimacy, legitimating, adoption, guardianship.
   
3. 
   Succession: Non-Customary succession, intestate and testate succession under customary law.
   
4. 
   Financial Relief Alimony and maintenance.
   

This course is concerned with the legal and ethical problems of medical malpractice. Malpractice litigation, confidentiality, informed consent treatment, medical treatment of minors. Reproductive medicine including genetic counseling, artificial insemination, surrogacy, asexual (‘test tube’ in vitro) fertilization, contraception and abortion, medical aspects of criminal offences, criminal responsibility including automatism, intoxication and insanity in the criminal Law. Mental health, death, dying and euthanasia, control of tissue, body materials and transplantation of organs, human medical experimentation. Development of new medical techniques, allocation of resources, action by children and Parents arising from occurrences before birth including failed sterilization. Impact of current developments in genetic engineering on medical practice, including bionics, cloning and human organ farms (headless creatures).

1. 
   Comparative study of the sources of law within the major regional groupings in Africa. i.e. the Anglo-phone and the Franco-phone States.
   
2. 
   Problems of unification of Laws within the major groups with particular reference to:
   

1. 
   Land law and land development;
   
2. 
   Succession and administration of estates;
   
3. 
   Marriage, divorce, custody of infants;
   
4. 
   Civil obligations.
   

3. 
   The Structure of Court and problems of unification of courts.
   

The Study will be based on the Constitutions of Commonwealth African States but whenever possible references will be made, on a comparative basis, to the Constitutional Laws of Francophone and other African States:

1. 
   The constitutional structure and Development of selected African countries (in outline only). The problems of Constitutional evolution.
   
2. 
   The problems of Autochthony.
   
3. 
   Comparative Constitutional Stricture of individual State.
   
   1. 
      Federal and Unitary Constitutions: Distribution of power and relations between the Centre and the Units in Federations. Devolution in unitary systems. Diarchy.
      
   2. 
      
      

• 
  Cabinet Government
  
• 
  The Presidential system of Government
  
• 
  The Executive (including the Police, the Armed Forces and the Civil Service)
  
• 
  The Legislature
  
• 
  Comparison between Cabinet and Presidential systems of government
  
• 
  Party Systems
  
• 
  Constitutional Safeguards and protections:
  

• 
  Bills of Rights
  
• 
  Independence of the Judiciary
  
• 
  Electoral Systems
  
• 
  Public Accountability
  
• 
  Status of the opposition and the abuse of majority powers
  

• 
  Emergency Powers
  
• 
  Procedures for Constitutional Amendments
  
• 
  Judicial Review of the Constitutionality of Legislation
  
• 
  The place of Traditional Institutions in Modern Constitutions: the Problem of their authority
  
• 
  The Problem of Stability:
  

• 
  State of Emergency
  
• 
  The Problem of Succession
  
• 
  Coups d’état and their constitutional implications
  

• 
  Regional Cooperation and Sovereignty
  

1. 
   Congress and Parliaments in an age of executive dominance. The elective process. The dynamics of representation. Relationship with the executive and administrative agencies. Internal organizations, Political parties in the legislative process. Committees in the legislative process. Procedures and decision-making on the floor. Congresses and Parliaments in their political environment.
   
2. 
   Principles of legislative drafting: Pre-drafting clauses, first draft, subsequent draft, formalities; Drafting scheme, language and intention of the legislature, definition, brevity, Short sentences; Consistency with existing law; Precision, legislative audience, style and grammar.
   

(The syllabus assumes that candidates offering this subject have knowledge of Administrative Law up to LL.B standard):

1. 
   Definitions of Administrative Law, with particular emphasis on Administrative process.
   
2. 
   Administrative Institutions e.g.
   
   1. 
      The Civil Service
      
   2. 
      Public Corporations
      
   3. 
      The Police and the other agencies of the executive.
      
3. 
   The legislative, administrative and judicial powers of the administration. The importance of the distinction between these arms of government.
   
4. 
   Delegated Authority
   
   1. 
      Forms and types
      
   2. 
      Legislative control
      
   3. 
      Publicity
      
   4. 
      Consultation.
      
5. 
   The judicial and quasi-judicial powers of the Administration:
   
6. 
   Statutory enquiries and Administrative Tribunals. Compulsory Acquisition
   
7. 
   Judicial Control of the Administration
   
   1. 
      Judicial: The doctrine of ultra vires, the concept and application of natural justice.
      
   2. 
      Legislative: The Public Complaints Commission; Corrupt Practices Investigation Agencies.
      
   3. 
      Extra Legal/Public Opinion.
      
8. 
   Proceedings Against the Administration:
   
   1. 
      Tort
      
   2. 
      Contract
      
   3. 
      Other Forms
      
9. 
   Comparative study of control of the Administration:
   
   1. 
      French Conseil D’Etat
      
   2. 
      The British Ombudsman
      

Consideration of the main principles of Nigerian Criminal Law (under both the Criminal and Penal Codes) and problems arising from codification. The principles of criminal responsibility and the general defences to crime. Strict liability offences.

The foregoing aspects of criminal law are to be examined in comparison with the following:

• 
  The English common law and the statut9ry law of crimes.
  
• 
  The Ghana Criminal Code
  
• 
  The Queensland Criminal Code.
  
• 
  The Tasmania Criminal Code
  
• 
  The Sudan Penal Code
  
• 
  The Indian Penal Code
  
• 
  The Penal Code of Kenya.
  

• 
  Homicide;
  
• 
  Stealing and kindred offences;
  
• 
  Sexual offences and offences against morality;
  
• 
  Offences against the State and administration of justice;
  
• 
  Drunkenness;
  
• 
  Offences involving fraud
  

1. 
   Dimensions of environmental problems: legal, social and economic.
   
2. 
   Economic considerations in pollution control.
   
3. 
   Legislative: legal causes of environmental problems. Objectives of pollution control. Alternative forms of control.
   
4. 
   Administrative and judicial controls on pollution of the environment.
   
5. 
   Statutory environmental control techniques: coercive measures, criminal sanction and ministerial orders; prior authorizing (licensing) and pricing schemes (effluent discharges); fiscal incentives for pollution abatement and property rights.
   
6. 
   Private remedies for pollution damage: special consideration will be given to selected problems in oil pollution, water quality management and emission from industries and automobile pollution.
   
7. 
   Population as a factor in environmental problems.
   
8. 
   Development of pollution control legislation.
   

The general principles and nature of civil litigation, Psychology of litigation, comparison of the organization, jurisdiction, procedure and functions of the various courts with those c tribunals.

• 
  Relationship of Federal and State courts
  
• 
  Specialized courts
  
• 
  The structure of the legal profession
  
• 
  Pre-trial procedure and the trial
  
• 
  The interlocutory and final remedies afforded in civil proceedings.
  
• 
  The enforcement of judgments and orders.
  
• 
  Assessment of damages and other consequential reliefs
  
• 
  The right of appeal, procedure on appeal and the structure of appellate courts.
  

1. 
   Introduction: Definition of crime; Types of crime; The courts and crime; Traditional and modem concepts of crime; procedural problems of criminology or the sociology of deviance.
   
2. 
   Criminology: Criminology and sociological methods; the causes of crime-physical, psychological; sociological analysis of causes of particular types of criminal behaviour e.g. juvenile offences, female offences, and others. Legal and sociological aspects of sexual offences; Legal principles in relation to insanity, mental deficiency and other forms of psychological defects. Criminological aspects of victimless crimes; Criminology of enforcement.
   
3. 
   Philosophies of punishment and treatment. Analysis of different forms of punishment or treatment, execution, detention, probation, fines, effects of punishment on offenders, effects on society; Penological aspects of crime prevention.
   

Distinction between secured and unsecured credits, possessory and proprietary securities; the right of occupancy as security, effect of revocation of the right on the secured creditor and modes of mortgaging land in Nigeria; possessory security such as mortgage and charge; rights and protection of the mortgagor and rights and remedies of mortgagees, mortgagee of chattels such as bills of sale, agricultural charges and hypothecation. Company securities such as debentures, floating charges on shares, Pledge of land under customary law.

The Military under national Constitutions, Legal status of the soldier. The compact doctrine; dual capacity of a Soldier; Administration of military justice, the court marital: composition, jurisdiction; power of review of decisions. Military justice and the double jeopardy rule; Military offences treason, Military Desertion, espionage: espionage in time of war, espionage in peace time.

1. 
   International institutions in general. Definition; developments legal structures functions and types.
   
2. 
   International Juridical Institutions:
   
   1. 
      International Judicial Institutions with special reference to the Permanent Court of Arbitration and the International Court of Justice; the International Criminal Court. The Attitude of African countries to these courts. Functions, organization, Jurisdiction, Procedure, Awards, Judgments. Advisory opinions and execution.
      
   2. 
      International Administrative Institutions with special reference to pre-19^th century international arrangements: functions, membership, organization and powers.
      
   3. 
      Quasi-Legislative International Institutions with special reference to conferences; relevant aspects of the International Labour Organization: functions, membership, e organization, jurisdiction and powers. The Attitude of African countries to these institutions.
      
3. 
   Universal International Institutions
   

4. 
   Regional International Institutions
   

5. 
   International Organizations
   

History, nature and concept of International Economic Law; Basic principles and standards of International Economic Law; Sources of International Economic Law; Methodological issues in the study of International Economic Law; The extension of corporate personality in international law; State trading in International Law; Legal forms of cooperation in economic relations. Economic integration schemes; General principles of law governing the treatment of foreign investors; The United Nations approach to the ownership and control of natural resources; Trans-national corporations; Transfer of technology; The International debt crisis; Economic aid. Economic sanctions; International Economic Institutions such as the EU/ACP, IMF, IBRD, GATT/WTO, UNCTAD, EFTA, AEC, ECOWAS, ABEC and ADB; Settlement of trade and investment disputes.

History, nature and concept of international trade and assessment of the principles of international trade and investment law. Institutional Framework for the conduct of International Trade; Economic Integration Schemes: Implications for International Trade; Foreign Investment. The Transnational Foreign Investment contracts Concessions, Joint Ventures; Production sharing contracts, Equipment supply agreement, management contracts. The Legal Regime of Carriage of Goods by Sea, Land and Air. International Trade Finance and Payment: Documentary Credits, Marine Insurance. Settlement of Trade and Investment Disputes; the International Centre for the Settlement of Investment Disputes; Arbitration, Conciliation and Mediation.

1. 
   History, nature and development of the Law of International Banking and Finance. The international financial markets; International syndicated loans; the lead manager and syndication process, structure and contents of a syndicated loan agreement; sale of
   loan assets and securitization; Legal structures and mechanisms of international or ‘Europe’ bonds: Issue, procedure and legal framework of marketing and distribution. The bond instrument and legal relationship between issuer and holder. The role of fiscal agents and trustees under Eurobond trust deeds. Regulation of the international capital markets: Regulation of International Bond issued under United Kingdom Laws. The impact of UK securities laws on issue of international bonds; Euro commercial papers, Euro notes. The governing law in international finance.
   
2. 
   International banking Entities: Letters of credit, Bankers acceptances, collections, cheques, foreign exchange, bank examination and supervision, bank holding companies. Swiss banking, international lending agencies such as the IMF, World Bank, IBRD, EXIM BANK, IFC, ADB, OPIC, AID, etc.
   

History, Nature and Concept of Energy and Natural Resources Law. Ownership of mineral resources, United Nations Approach to Mineral Development. Acquisition of Oil Rights under National legislation. Acquisition of Oil Rights under Contractual Joint Ventures. Basic Laws Regarding Oil Concessioning; Legal Provisions Relating to Oil Exploration Licences, Oil Prospecting Licences and Oil Mining Leases. Oil Revenue Legislation. National participation in the oil industry, Non-Fuel minerals; endangered species, marine fisheries, the global climate; Water Supplies; Forests; Agricultural Land; the Protection of the Environment.

History, nature and concept of International Environmental Law. The challenge of integrated environmental protection. Basic Principles of Environmental Law. The notion of international environmental protection; The concept of pollution; Treaty Law; Customary International Law, activities of international organizations. Rules of responsibility and liability; Current concerns about environmental degradation; global warming, Ozone depletion, widespread desertification, species loss. The work of the World Commission on Environment and Development. The UN Conference on Environment and Development, Rio de Janeiro 1992. the International Atomic Energy Agency (IAEA) Convention on Early Notification of a Nuclear accident, 1986. The IAEA Convention on Assistance in Case of Nuclear Accident or Radiological Emergency (NARE). The IMO Convention on Oil Pollution Preparedness. The Geneva Convention of 1979 as amended by the Protocol on Long-term Financing of the Cooperative Programme for Monitoring and Evaluation of the Long range Transmission of Air Pollution in Europe 1984. The Protocol on the Reduction of Sulphur Emissions or their Trans boundary Fluxes by at least 30 per cent, 1986. Protocol Concerning the Control of Emission of Nitrogen Oxides or their Trans-boundary Fluxes, 1988. The Montreal Protocol. The Vienna Convention for the Protection of the Ozone Layer, 1985. The Basel Convention. The OAU Convention on the Ban of the Import into Africa and Management of Hazardous Wastes within Africa, Bamako, 1991. The Kyoto Protocol 1977.

History, nature and concept of International Development Law. Sources ‘lex specialis’ and ‘lex generalis’ Declarations and Charters, ‘Les normes sauvages’, expropriation and the international standards, international entitlement based on need. The evolving procedural law of international development. Environment and development. The international debt crisis.

1. 
   Introduction: History and sources
   
2. 
   Delimitation of the relevant waters :
   

3. 
   The Principle of the Freedom of the Seas:
   

4. 
   Users of the High Seas and the Sea-Bed:
   

5. 
   Jurisdiction Over Maritime Areas Adjacent to the Coast:
   

6. 
   Access to the Sea for States without sea coasts :
   

7. 
   The Legal Regime of the Ship:
   

8. 
   The Legal Regime of Crew, Passengers and Cargo :
   

9. 
   Legal Regime of carriage by Sea
   
10. 
    Rules for securing Safety at Sea :
    

11. 
    Maritime Law in time of War :
    

12. 
    International Maritime Institutions:
    

1. 
   Institutions and Organs for the Charges and Administration of Air Law:
   

2. 
   The Right to Fly:
   

3. 
   The Legal Regime of Crew, Passenger and Cargo: Licenses of Personnel, International Standards and Recommended Practices: Owners of Aircraft; Operators; Aircraft Commanders; Crew, Entry and Clearance Regulations. Facilitation. Cargo Restriction. Mails; Sanitary Regulations.
   
4. 
   The Legal Regime of Aircraft:
   

5. 
   Airport and Other Navigation Facilities:
   

6. 
   Liabilities arising from the operation of aircraft and other air services: Trespass, Nuisance, surface damage, collision.
   
7. 
   Legal Regime of Trans-frontier Broadcasting.
   
8. 
   Legal Regime of International Communications.
   
9. 
   Air Law in Time of National Emergency and War: State and Effects of War; Natural Emergency and War Effects or Air transport agreements; Prize; Neutrality; Hangar, Hospital and Medical Aircraft; Rules of Air Warfare.
   

History, nature and concept of Foreign Relations Law. Foreign Relations Power, its place in the distribution of government authority. Responsibility of central government. Relation to International Law. Influence of legal considerations upon foreign policy. Views of modern writers. Foreign policy decision-making, bureaucratic decision-making, crisis decision-making. Foreign Policy and International Institutions.

History, nature and concept of Diplomatic and Consular Law; Sources of the law; The Vienna Convention on Diplomatic Relations .1961. Measures for the Prevention and Punishment of Crimes against Diplomatic Agents. The 1973 Convention on the Prevention and Punishment of Crime against Internationally protected persons including Diplomatic Agents. The Legal

The making of Treaties: Formalities and Consent; Reservations to Treaties; Entry into Forms of Treaties; Application of Treaties; Third states. Amendment and Modification of Treaties; Treaty Interpretation; Invalidity; Termination and Suspension of the operation of Treaties. Dispute settlement. Treaties between States and International Organizations.

The course will focus attention on the intra-state and international spheres. Conflict of laws problems in Commonwealth African countries. In addition to these, there will be an examination of the differences and similarities in Conflict of Laws problems of the leading legal systems of the world. Particular attention will be paid to the United Kingdom, Federal Systems within the commonwealth and the United States in the following areas:

1. 
   Domicile:
   

• 
  Acquisition
  
• 
  Loss
  

1. 
   Jurisdiction of Courts
   

• 
  Actions in personam
  
• 
  Actions in rem
  
• 
  Limitation on the exercise of jurisdiction
  

1. 
   Renvoi
   
2. 
   Torts
   

• 
  The Law governing liability
  
• 
  Choice of Law; the proper law of tort
  

1. 
   Contract:
   

• 
  The elements of a contract
  
• 
  The choice of Law the proper law of contract
  
• 
  Performance, excuse, discharge and damages
  
• 
  Special types of contracts
  

1. 
   Property:
   

• 
  Characterization of Property
  
• 
  Immoveables
  
• 
  Moveable
  
• 
  Intangibles
  

1. 
   Family Law:
   

• 
  Marriage
  
• 
  Divorce
  
• 
  Custody of Children
  
• 
  Marital Property
  
• 
  Legitimation
  

8. 
   Administration of Estates
   
9. 
   Foreign Judgments
   

International Protection of Industrial Property. The International patent system, transfer of technology. Treaties providing for a substantive protection; Paris Convention. Madrid Agreement; Nairobi Treaty. Treaties facilitating protection in several countries-

• 
  In the field of Patents
  
• 
  In the field of Trademarks
  
• 
  In the field of Industrial designs, treaties establishing international classifications.
  

International protection of literary and Artistic Property (Copyright). The 1986 Berne Convention for the Protection of Literary and Artistic works. Treaties providing for the protection of Neighbouring Rights. The EU Competition Law, The GATT/WTO and Trade Related Aspects of intellectual Property. The World Intellectual Property Organization: history, objectives and membership. Cooperation with developing countries.

1. 
   The concept of State Boundaries in International Law. The Nature of Boundaries. Functional stages in Boundary-making. .Delimitation of Maritime Boundaries. Boundary treaties. The rebus sic stantibus rule. State Succession. Other Territorial Regimes, African Practice. The Vienna Convention on Succession of States in Respect of Treaties, 1978. Preservation of Custody Right in Boundary Treaties. The Doctrine of continuity and finality of International or State Boundaries. The OAU Declaration on African Boundaries 1964. Management of Trans-Boundary Resources. Trans-border cooperation or Regionalism; Border Region Development, Border Trade, Control of Trans-boundary harm or Hazards. Joint Management of International Non-Maritime water resources; Management of Maritime Resources, Rights of Land-locked States. Trans-frontiers Television. Enclaves and Exclaves. Border and Trans-border Armed Actions. The concept of Human Rights without Frontiers; National Boundary Commissions and mixed Boundary Commissions.
   
2. 
   Immigration Law - Factual and legal basis for the Treatment of Aliens; concepts of Aliens; Entry and Residence; Family Reunification; Termination of permission to stay and of Residence; Voluntary Departure; Residence Status. The Law of Asylum and Refugees.
   

The nature of Human Rights, ideological Approaches to Human Rights in International Law. The Development of International Human Rights Law. The United Nations System. International and Regional Machineries for the protection of Human Rights. Analysis of the Mechanisms for the Protection of Human Rights in the domestic Legal systems of selected countries; State of Emergency Laws and Human Rights; International Humanitarian Law (in outline).

History, Nature and Development of International Humanitarian Law. Interface between Jus ad Bellum and Jus in Bellum. The concepts of “war” and “Armed conflict”. The Law of Geneva Protection of the wounded and sick on land. Protection of the wounded, sick and shipwrecked at sea. Treatment of combatants and Prisoners of War, Protection of civilians during Hostilities; Cultural protection. Means and methods of warfare: Conventional weapons, Nuclear weapons, Economic warfare. Law of Neutrality. Protection of the Environment. Belligerent Occupation. Nature and Law of Non-international Armed Conflicts, implementation and Enforcement Mechanisms. Belligerent Reprisals, War Crimes Trials. International Law of Naval Warfare. The International Red Cross and its functions. Recent trends in International Humanitarian Law; International Humanitarian Law in Non-structured Conflicts. Peace-keeping and peace-making operations. African Traditions and International Humanitarian Law; Adoption of National measures for the implementation of International Humanitarian Law.

History, Nature and Concept of International Labour Law. Basic Principles of modern International Labour Law; Freedom of Association; the Right to strike. Anti-discrimination Rule; Modern Co-determination Law. Basic standards of the International Labour Organization; Implementation of standards laid down in International Sources in National Legal Systems.

History, Nature and Concept of International Taxation, Overview of worldwide International Tax systems; Economics of International Trade and Taxation. Basic Jurisdiction. Tax Principles: outbound transactions, inbound transactions. Citizenship and Residence. National Activities of Foreign Tax Payers. The source Rules. Enforcement through Withholding Income Tax Treaty Provisions; Non- Discrimination Clause, Residence Clause, Permanent Establishment and, Business Income; Investment income; Earned Income Relief from Double Taxation; Tax spanning; Tax Planning and Treaty Shopping; Foreign Tax Credit; Inter-company pricing; controlled Foreign Corporations; Foreign Currency; International Tax- Free Transactions; Spread Incentives

Basic objectives and policies underlying company legislation; structure of Corporate Management; Management Powers and responsibilities; Managerial remuneration; Shareholder democracy; cumulative voting and proxy contests; Freeze-out problems and minority rights; Inspections; Investigations; Take-overs and amalgamations; Mergers and Acquisitions; Company Reconstruction; Arrangements and Compromise; Structure of Capital and Securities. No par value shares: the Capital Market Issue of Capital, Stock Exchanges, Investment Companies and Trusts, Insider Trading, Dividends, Audit and Accounts and Company Taxation.

Common and Private Carriers: F. O. R. or F. O. T., C. I. F., and F. O. B. Contracts. Charter-parties. Bills of Lading and Air Consignment Note; Consignor’s obligations. Rights, Duties and Liabilities of the Carrier Common Law and Statutory; Loading, Discharge and Delivery of

Scope and sources of Labour law. The contract of employment: format and its effect. Freedom of contract and restrictions on such freedom. Obligations under the contract Enforcement Employers’ duty at common law and under statute. The Factory Act, Workmen’s Compensation Legislation, liability of Employer to Third Parties. Collective bargaining, constitutional guarantee of rights of association, assembly and related rights. Trade Unions: their legal status, membership, organization and administration of funds; liabilities and immunities of trade unions, the right to strike and labour. Criminal conspiracy at common law Civil liability of Trade Unions; ‘conspiracy, Inducement of contract, intimidation, conciliation, arbitration and inquiry, power and functions of the Minister of Labour in relation to trade disputes. The International Labour Organization. The National Industrial Court: history powers; functions and role.

Relation of Banker and Customer; types of accounts, overdraft, appropriation of payments and garnishee orders; bank notes and their crossings. The paying banker and the collecting banker; conversion and forgeries, securities for advances, bankers commercial credits. Regulatory Framework for Banks and other financial institutions. The Role of the Central Bank and the Deposit Insurance Corporation, types of negotiable instruments: Promissory Notes, Bill of Exchange, Negotiation, endorsement and delivery; holder in due course, parties liable, Presentation. Notice of dishonor and protest. Law of bankruptcy (in outline).

The general structure and administration of Income Tax and Capital Gains Tax in Nigeria and the residence rules relating to individuals and trustees for tax purposes. Jurisdiction of the Federal and State Governments over taxation of income in Nigeria. The definition, ascertainment and computation of income for tax in relation to income from professions or vocations, employment income and the deductions and allowances (excluding capital allowances and loss relief) which may be set against income. The rules for applying income Tax to individuals, income from trusts and estates and residence. Uniform taxation in Nigeria and the agencies for administration of uniformity; The Joint Tax Board. The definition, ascertainment and computation of chargeable gains and losses for Capital Gains Tax and the rules for applying Capital Gains Tax to individuals.

The general structure and administration of Companies Income Tax and Capital Gains Tax; the rules as to residence of companies and partnerships for tax purposes. Close corporations. The power and functions of Assessment Committees; The Body of Appeal Commissioners; the Federal High Court. The definition, ascertainment and computation of income in relation to business profits and the deductions and allowances including capital allowances and loss relief which may be set against such income. The definition, ascertainment and computation of other types of income (in outline only). The definition, ascertainment and computation of capital gains and the special provision of capital gains tax relating to business assets. The rules for applying income Tax and Capital Gains Tax to partnerships, so1e traders, companies and other Business Associations. The provisions relating to ‘controlled’ companies; Petroleum profits tax.

Double tax relief in relation to business income and its relation to companies, partnerships and sole traders; Small companies’ relief arid pioneer companies’ tax relief, tax treaties.

Law of Non-Marine Insurance

General:

Commercial background of insurance; Definition of Insurance; Parties to the Contract; Classification of contracts of insurance; description of the subject matter; insurable interest; Insurance Legislation. Vitiating factors in insurance contracts: non-disclosure; misrepresentation and illegality. Reinsurance.

Classification of policies; form and contents; effect of other documents; Parol evidence; commencement and duration; cancellation of risk; Assignment; Rules of construction. Warranties

Time of loss; proximate cause; making of claim; burden of proof.

Payment of loss; Application of proceeds of policy; Reinstatement; Subrogation; contribution; Agency in insurance Transactions: Relation between principal and third parties; relation between agent and third parties.

Particular types of insurance (in outline only): fire, motor, life, Burglary, public Liability, Personal accident; Guarantee.

Law of Marine Insurance

Historical development of Marine insurance. The contract of Marine insurance. Forms, content and construction of Marine policies. General principles; insurable interest; indemnity, Assignment and Subrogation. The rights, duties and liabilities of agents and brokers in Marine insurance. Floating policies; object of Marine Insurance. Deviation and change of Voyage. Time policies. Vitiating factors in Marine Insurance; Non-disclosure, misrepresentation and illegality. Warranties; liability of underwriters. Losses by the perils insured against. Excepted Risks and Losses; General and particular average. Claims: Total and constructive Losses. Return of Premium; marine salvage; Reinsurance.

A perspective of commercial and consumer transactions and the applicable Laws.

• 
  Elements of the contract of sale: A sale distinguished from other transactions; definition of goods.
  
• 
  Formation of the contract ‘of sale: Formal requirements; History; what is agreed upon in the contract; Types of Contractual Provisions.
  
• 
  The Seller’s Obligations: delivery and payment Implied title; obligations to supply goods of contract description and of the Right Quality.
  
• 
  The obligations of suppliers and manufacturers to ultimate buyers and consumers. Express warranties, implied warranties, negligence and strict liability.
  
• 
  The buyer’s remedies for the seller’s defective performance. The right to reject the goods tendered; the right to damages and specific performance, myth and reality; the consumer’s right to adequate remedies for defective products.
  
• 
  Contractual limitations on the seller’s obligations and the buyer’s remedies; judicial relief, legislative relief.
  
• 
  The buyer’s obligations and the seller’s rights and remedies.
  
• 
  Passing of property in sate of goods transactions.
  
• 
  Involuntary passage of property to a bonafide purchaser.
  
• 
  Export sales; Ex-works or Ex-sore contract; F.O.B. Ex-ship contracts, export and import licenses; Bankers Commercial Credits; Uniform Laws on International Sales; Application of U.L.I.S.
  

• 
  Financing consumer sales Transactions: Legal Nature of Consumer Credit contract; Development and structure of consumer credit; Types of consumer credit arrangements.
  
• 
  Regulation of consumer credit Granting Practices: The legal characterization of consumer credit; Rights of the Consumer Borrower; Rights of the Consumer Lender; Advertisement.
  
• 
  Regulation of credit grantors, collection practices and remedies. Extra Judicial Debt collection practices; General debtor/creditor remedies.
  
• 
  Garnishment Exemptions; costs of Garnishment; effect on employment of debtor; Execution against property other than wages; Regulation of contractual terms Affecting Credit Grantor.
  
• 
  Disclosure of cost Borrowing
  
• 
  Credit Insurance
  
• 
  Consumer Borrower’s Rights and Education and the Future of Consumer Credit.
  

• 
  Basic Concepts
  
• 
  Creation of Agency
  
• 
  Agent/Principal Relationship
  
• 
  Third Party/Principal Relationship
  
• 
  Agent/Third Party Relationship
  
• 
  Types of Agents
  
• 
  Termination of Agency
  

• 
  Introduction: The philosophy of consumerism. Economic and social assumptions underlying consumer protection law; Market considerations in the formulation of consumer protection policy; the nature and extent of consumer complaints.
  
• 
  Regulation of misleading advertisement: Legal Determination of Genuine advertisement; Effect of a disclaimer of Truth or Reliability in an advertisement. Public and Private Law Responses to the problems of misleading advertisement.
  
• 
  The consumer and the Sale of Goods Act.
  
• 
  Disclaimer clauses: General considerations, judicial and legislative.
  
• 
  Disclaimer clauses and consumer Credit. Problem of vertical and horizontal privity in consumer transactions. Manufacturer’s responsibility for express and implied warranties. The rights of remote purchasers and other derivative parties.
  
• 
  Manufacturer’s express warranties and their administration. Forms and contents of warranties as competitive devices. Problems in warranty administration, manufacturers/dealer relationship; Legislative Regulation of manufacturer’s warranties.
  
• 
  Consumer Warranties and public standards
  
• 
  The Enforcement of consumer Rights and consumer protection legislation.
  

1. 
   Introduction:
   

2. 
   Copyright:
   

3. 
   Trade Marks :
   

4. 
   Patents:
   

History, features and development of Alternative Dispute Resolution Procedure; Disadvantages of Adjudication by the Courts. Alternatives to Dispute Resolution by the courts. Arbitration: the modern arbitral process. Enforcement of Awards. International Commercial Arbitration; submission to arbitration “Clause Compromissoire”. Decisions of arbitral tribunals, legal consequences: the International Chamber of Commercial Arbitration, Paris, the London Court of International Arbitration. The New York Convention. The UNCITRAL. National Legislation on Arbitration. Traditional/Customary Arbitration Commercial, Conciliation, Mediation