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NIGERIAN RELIGION LAW CASES: [POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR]

Right to Worship - Registration & Incorporations - Asset Acquisition & Protection - Discrimination & Hate Speech -  Faith & Government Relations -Conscientous Objectors - Outlawed Practices Defence -Regulations & Ethics - Community Relations

Comprehensive A-Z PDF Copy of the  Index below complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available for a fee. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or
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TITLE

MAIN ISSUES

HALILU LILO DAN GAMBO JAMA’ARE ACIKA V. KANO NATIVE AUTHORITY

RELIGIOUS LAW - SHARIA LAW: Murder – How proved

HAMADU HUNARE V. YAYA NANA

ISLAMIC LAW:- “wabil mulkil alal hauzi li annal mulka a khassu minal hauzi (Rule that evidence of ownership takes priority over that of undisturbed possession because the former is stronger than the latter) - Principle of - When not applicable.

ISLAMIC LAW:- Claim for property under Islamic law - Claimant giving contradictory evidence - Defence giving reliable evidence - Duty on court to believe evidence of the defence

HONOURABLE BASHARU V. BORNU NATIVE AUTHORITY

SHARIA LAW: Substitution under N.R. Native Court Law, 1956 (N.R No. 6 of 1956), section 67(1)(b)(iii) – Effect 

IMAM V. BORNU NATIVE ADMINISTRATION

SHARIA LAW/TRIBUNAL:

IYU V. THE STATE

RELIGION AND LAW:- Defence against charge of capital offence – Belief that juju medicine/charm of enemies orchestrated the murder – Claim that “God took the matchet and wounded the deceased” – Attitude of court thereto

J.S. OLAWOYIN V. COMMISSIONER OF POLICE

SHARIA LAW: The primacy of the Constitution over sharia law implementation processes – Legal effect

JAMES ALBERT DE GREGORY APPELLANT;AND GENERAL MEDICAL COUNCIL

 

JATAU V. MAILAFIYA

ISLAMIC LAW:- Inheritance - Person claiming entitlement so inherit an estate under Islamic law - Onus on -How established

ISLAMIC LAW:- “Mafqud” -Meaning of.

ISLAMIC LAW:- Paternity – Proof of under Islamic law - How established

ISLAMIC LAW AND PROCEDURE:- Evidence - Witness - Who is a competent witness under Islamic law - Whether a party is a competent witness.

JAURO BABAYO V. MALAM KAWUWA WURO DIDDI

ISLAMIC LAW:- Hauzi (prescription) principle of possession of land and when it arises

 

JIDDUN V. ABBA ABUNA & GONI ADAM

ISLAMIC LAW AND PROCEDURE:– Determination of who shall be a plaintiff and defendant – Whether litigant who complains first shall be plaintiff – Duty on judge in the circumstance

ISLAMIC LAW AND PROCEDURE:– Burden of proof of an assertion – How discharged by a plaintiff and defendant

JOHN KHALIL KHAWAM V. K CHELLARAM & SONS (NIG) LTD

RELIGION AND LAW: - Belief in witch-craft – Murder of a breadwinner before his wife and children by a grieving father to avenge the death of his son which a herbalist attributed to the deceased  - How treated

JOHNSON DANIA V.  THE STATE

RELIGION AND LAW:- Belief in Juju/charm – Whether can sustain a defence in criminal proceedings – Defence of mental none-out or temporary loss of memory  - Whether it is not enough for the appellant to say that the charm affected his mind not to know what he was doing  - Whether burden was on defendant to prove what powers, if any the alleged juju/charm possessed

KADA V. YAWA

ISLAMIC LAW:- Prescription (hauzi) - Land maulers - Period of prescription under Islamic law

ISLAMIC LAW:- Title to land - Proof of under Islamic law - Requirements.

ISLAMIC LAW AND PROCEDURE:- Proof - Oath of judgment under Islamic law - What constitutes – How proved

KANO NATIVE AUTHORITY V. OBIORA

SHARIA LAW: Criminal trial – Need to comply with rules of natural justice

KARARIN ALELU A. FARUQ V. A. SANI MAI ALLON KARFE

RELIGION/CUSTOM AND LAW - SHARIA LAW:- Ownership of land – interest in land - Matrimonial line of inheritance – Recognition thereof - Constitution - Jurisdiction of the Sharia Court of Appeal – Whether Land disputes can be determined by Sharia Court of Appeal except where it involves any question of Islamic personal law regarding a Wakf, gift, will or succession where the endower, donor testator or deceased person is a Muslim

KATO DAN ADAMU V. KANO NATIVE AUTHORITY

RELIGIOUS LAW - SHARIA LAW – MURDER:

KOMOLAFE V. ONANUGA

 

KUMBURA V. KANO NATIVE AUTHORITY

SHARIA/MALIKI LAW:- Homicide -Killing in revenge -Testimony of single eye wit­ness - How treated

SHARIA/MALIKI LAW:- Homicide - Numerous assailants - Duty of Court.

KUSU V. SOKOTO N. A.

RELIGION AND LAW:- Women and Witchcraft – Belief of husband and wife that deceased person cast spell on the wife preventing her recovery after treatment by herbalists – Brutal murder of alleged spell-caster by accused/husband – Attitude of Court thereto

LAMU V. THE STATE

RELIGION AND THE LAW:- Evidence of non-Christian wife of accused person – Witness sworn on a knife and professes adherences to traditional religion – Burden of prosecution to prove that the nature of her marriage is non-monogamous – Where prosecution fails to so prove – Whether renders her an incompetent witness for the prosecution on any charge not coming within section 160(1) of the Evidence Law – Whether presumption of polygamous marriage can be inferred from act of swearing on a knife or expressing traditional/indigenous religion - Implication for justice administration 

MACKAM V. THE QUEEN

RELIGION AND LAW - WITCHCRAFT:- African traditional religion - Belief in witchcraft – Belief that child can orchestrate a snake bite on mother causing death – Extra-judicial lynching of child as punishment thereof – Implication for law enforcement

MAIGARI V. BIDA

RELIGION AND LAW - ISLAMIC LAW:– Oath taking under Islamic Law – when could be validly used as proof of fact

RELIGION AND LAW - ISLAMIC LAW:– Oath taking under Islamic Law – Whether the fact that a witness gave evidence under oath without more affected the justice of the decision of the trial court

MAIZABO AND OTHERS V. SOKOTO NATIVE AUTHORITY

RELIGION AND LAW - SHARIA LAW: Conviction for murder under Sharia/Maliki law – Existence of circumstances which could warrant substitution of murder conviction with manslaughter – Application for retrial – How treated

MALLAM IDRISU GULMA V. AHMADU BAHAGO

ISLAMIC LAW - Hauzi (Prescription) in land dispute - Proof under Islamic law

 

 

MAMMAN V. GWANDU N. A.

SHARIA COURT:- Murder Trial in Emir’s Court – Procedure for validating judgment

 

MBONU V. MBONU

RELIGION AND LAW:- Marriage blessing and Marriage Ceremony – Distinction – Legal consequences for validity of marriage 

 

MOHAMMED DAN ANGO V. ARDO ALU

SHARIA COURT OF APPEAL:– Quorum – Number of Kadis required to form quorum – Section 243 of 1979 Constitution as amended by Decree 107 (Suspension and Modification) Decree 1993 considered.

MUHAMMEDU GADAM V. THE QUEEN

RELIGION AND LAW:- Belief in witch-craft – Implications for criminal behaviour and justice administration

NINGI V. KATSINA

ISLAMIC LAW:- Declaration of title to land - When barred by the Islamic law principle of hauzi

ISLAMIC LAW:- Possession of land - Prescription (hauzi) under Islamic law - When it arises

ISLAMIC LAW:- Principle of ‘hauzi’ (prescription) - What it connotes.

O. OGUNMOLA V. HODA EIYEKOLE

RELIGION AND LAW:- Customary landlord and tenant relationship – Where tenant pulls down shrine of landlord on land so as to assert title inconsistent with landlord’s – Whether an act of desecration which entitles landlord to a claim for forfeiture

OFOHA V. THE STATE

RELIGION AND LAW – WITCH-CRAFT:- Belief that ill-health was mysteriously caused by a rival – Whether relevant evidence supporting any legal defence to criminal liability – Implication for justice administration

OGBU V. THE STATE

RELIGION AND LAW:- Self-proclaimed belief in Spirit and their ability to force a person to commit a crime – Whether evidence of insanity that can successfully found a plea of legal insanity so as to escape liability for crime

OPEBIYI AND OTHERS V. NOIBI AND OTHERS

SHARIA/MOSLEM LAW:- Proceedings by Arbitration - Imamship of central Mosque Declaration – Injunction

OTOMEWO V. EZEKWE

RELIGION AND LAW:- God’s Kingdom Society, aka Jehovah’s Witness – Offensive comments made by doctor towards his patient’s religion as a member of Jehovah’s witnesses – Consequent publication of handbills by religious organization joining issues with the doctors – Whether words contained in handbills therein are of defamatory character – Relevant considerations

REV. KING V. THE STATE

RELIGION AND LAW:- Religious leader – Nature of relationship with followers – Spiritual father/spiritual children relationship - Attitude of court to abuse of followers by religious leaders

RELIGION AND THE LAW:- Reference to religious writings during Criminal Proceedings – Quoting of Bible during cross-examination of a Church Pastor – Whether capable of prejudicing proceedings – Whether relevance is the only consideration – Whether religious material could be justifiable and fairly used within the limits of the law and rules

RELIGION AND LAW:- Sanctity of human life – Range of disciplinary powers available to religious leaders to discourage immoral behaviours among their adherents – Duty of the State to ensure it does not extend to the derogation of the right to life of for every person in Nigeria


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Contact Editors - Sam Eleanya, Agboola Lola, Ugochi Eleanya - through lawnigeria@gmail.com