[ad_1] THE LEGAL PERSPECTIVE TO CAPITAL RECONSTRUCTION OF BANKS IN NIGERIAABSTRACT It is generally accepted that banks are inevitable component of an economic system and that the capital of a bank is the foundation on…
Read More[ad_1] ABSTRACT Deposit Insurance System (DIS) has become a key component of most financial systems worldwide because of the important roles it plays in protecting depositors as well as contributing to financial system stability. Since its establishment by the Nigeria Deposit Insurance Corporation (NDIC) Decree No. 22 of 1988, the NDIC, which is charged with deposit protection mandate has remained an active safety-net player in spite of many daunting challenges. The establishment of the corporation was bore out of necessity over two decades ago when the Federal Government conceived the idea of the implementation of the Structural Adjustment Programme (SAP) in which the deregulation of the banking system would constitute an unholden central pillar. The NDIC has been faced with numerous challenges that have hampered the effective and efficient implementation of the Deposit Insurance Scheme (DIS) in Nigeria. Thus, this research work aims at examining these challenges and to proffer sound recommendations. Firstly, the corporation is faced today with the challenge of execution of court judgement against its assets for liability of banks in liquidation. This is because courts normally regard the NDIC as a successor-in-title of failed banks. Secondly, the amount fixed as maximum deposit claim under section 20(1) of the NDIC Act, 2010 to all the classes of depositors and regardless of the amount of deposit lost by a depositor in the event of failure of a deposit-taking financial institution is not reasonable. Thirdly, the penalty provided under section 45 of the NDIC Act, 2010 for non-compliance with its provisions and failure to secure the authenticity of any statement submitted pursuant to the provision of Act is less punitive. Consequently, it is hereby recommended that the NDIC Act, 2010 should further be amended to bar courts from executing judgement against the assets of the Corporation as a result of its statutory mandate as a liquidator of failed banks. Secondly, reimbursement of deposit lost by a depositor in the event of failure of an insured deposit-taking institution should be made full as this will encourage savings. Finally, the penalty provided under section 45 of the NDIC Act, 2010 should be increased by making it more punitive so as to encourage compliance. For the purpose of this research work, the doctrinal method of research will be adopted. CHAPTER ONE GENERAL INTRODUCTION 1.9 Background of the Study In recognition of the strategic importance of a stable banking system to an economy, various institutional arrangements have evolved overtime to foster banking stability; one of such initiatives is…
Read More[ad_1] ABSTRACT The idea of a strong standing tribunal to try serious violations of international law has been around since the end of World War II. After WWII, the Nuremberg and Tokyo tribunals were set of ad-hoc by the Allies, the victors of the World War II to try the principals of the loosing axis power. While the Nuremberg was regarded as more successful and significant than the Tokyo tribunal. During the years of the cold war, the idea of the future of International Criminal Court largely occupied the back burner of the International affairs. With the fall of the Soviet Union in the early 1990’s various tribunal and international conflicts broke out in the world. Most notably, after the break-up of former Yugoslavia and the modern Balkan wars, it was clear war crime, genocide and crimes against humanity were occurring on a mass scale. Similarly, tribal warfare between the Hutus and Tutsis in several African countries including Rwanda and Burundi lead to enormous human right abuses. The United Nations Security Council established ad-hoc tribunals to address the international crimes arising from those crises, the tribunals were set up specifically for the propose of those local conflicts, they revived the interest in the need to established a permanent global criminal court. And in 1998, the Rome statute was drafted, which set forth the legal frame work for a standing tribunal to address war crimes, genocide and crimes against humanity, this was achieved in April 2002. The ICC formally come in existence on July 1st, 2002. The coalition of countries and civil society organisations in more 150 countries work in partnership to strengthen international corporation with the ICC, ensure that the court is fair, effective and independent; make justice both visible and universal. An advanced strong national laws, that deliver justice to victims of war crimes, genocides and crimes against humanity. The provision of the Rome statute do not instill enough confidence to preclude the possibility. CHAPTER ONE INTRODUCTION In 1945, two monumental tribunals arose out of the ashes of World War II. The International Military Tribunals at Nuremberg, Germany and Tokyo, Japan. Both were established by the victorious…
Read More[ad_1] ABSTRACT The 1975 ECOWAS Treaty made by the founding fathers of the West African Regional Integration Philosophy was revised in 1993 in view of the developments in the region and the new world order.…
Read More[ad_1] ABSTRACT The fundamental target of both Islamic law of war and international Humanitarian law is to protect the Rights and Persons of both combatants and non-combatants during and after the hostilities thus, the amount…
Read More[ad_1] ABSTRACT Prisoners in Nigeria are often perceived and categorized as “outcast”. The belief of many is that, once you are a prisoner, you are automatically a “bad egg” in the society. There is an ill-conceived notion that prison inmates have no rights within the general population. The importance of this research work cannot be over emphasised as it seeks to enlighten the reader of the fact that though there are rights available and at the disposal of prisoners under the Nigerian laws, majority of prisoners, due to one cog or another are unable to have access to and make adequate use of those rights; they are even in most cases unaware of the existence of such rights. This research work shows that there are other abuses going on in our prisons apart from the congestion problem. Such relates to feeding, clothing, bedding, access to health facilities, communication etc. These rights as well as those guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 are very much alive and available to prisoners in Nigeria. The rights may be limited; but prisoners do have a degree of human and civil rights also guaranteed by international conventions and the UN Declarations. Most especially the Standard Minimum Rules for the protection of prisoners. Therefore, prisoners cannot and should not be subjected to cruel and unusual punishment; they are to have full access to due process and equal protection and should not be discriminated against. So this research work, with particular reference to Niger State, to a great extent has been able to: (i) ascertain the extent of prisoners’ rights abuses and its effects on their lives in prisons in Niger State; (ii) determine the factors responsible for the abuses; (iii) examine the measures that need to be taken to incisively and concisely address all problems of prisoners rights abuses. All these have been achieved through thorough research and findings and accordingly, adequate recommendations have been proffered. The doctrinal and empirical methods of research i.e. books, journals and articles as well as administering of questionnaires was adopted to achieve the desired goal of addressing the pervasive violations of prisoners’ rights. CHAPTER ONE GENERAL INTRODUCTION 1.1 BACKGROUND OF THE STUDY The Prison system is one of the key components of Criminal Justice Administration as it the correctional institution where prisoners and convicts are kept after undergoing the processes of…
Read More[ad_1] CHAPTER ONE GENERATION INTRODUCTION 1.1 Background to Study Virtually, all legal systems recognized and guaranteed certain rights for human beings. Further to these recognized rights, some selected rights have been regarded as fundamental rights. Among these fundamental rights is…
Read More[ad_1] ABSTRACT 1. Statement The contribution of solid minerals to the Gross Domestic Product (GDP) and Foreign Exchange earnings of the country has been on the decline since the discovery of the Oil Minerals (Crude Oil)…
Read More[ad_1] ABSTRACT Juvenile Justice System is a special track of the criminal justice system. Essentially, the system is expected to be child-friendly in form and application. The need for a child-friendly justice system is borne…
Read More[ad_1] ABSTRACT A nation’s financial system is made up of the Money Market, Capital Market and the Insurance Market. While Central Bank of Nigeria serves as the apex regulatory organization of the Nigerian Money Market,…
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