EDITORIAL BOARD

 

General Editor

Dr. Edith O. Nwosu, LL.B., LL.M., Ph.D., B.L

 

Assistant Editor

Dr. Chukwunweike A. Ogbuabor, LL.B., LL.M., Ph.D., B.L

 

Statute and Case Note Editor

Professor Ifeoma P. Enemo, LL.B., LL.M., Ph.D., B.L

 

Book Review Editor

John F. Olorunfemi, LL.B., LL.M., B.L

 

Distribution Coordinator

Damian U. Ajah, LL.B., LL.M., B.L

 

 

 

 

 

 

SUBMISSIONS

The Nigerian Juridical Review is an international law journal published annually in October by the Faculty of Law, University of Nigeria, Enugu Campus, Enugu, Nigeria. Articles must be original and well-researched topic on any area of law. Articles should not exceed 25 pages or 12,000 words typed on A4 paper with double line spacing and one inch margin on both sides. The Nigerian Juridical Review has an exclusive submission policy and therefore accepts for publication only articles submitted which are not under consideration for publication by another journal and has not been published in another journal. Submissions shall be accompanied by an abstract of not more than 200 words and five keywords. Footnotes should be numbered consecutively in Arabic numerals and be automatically self-adjusting. Papers are subject to anonymous and rigorous peer review. Articles are accepted on a rolling basis. However, only articles received by July 31^st are considered for publication in the ensuing edition. All submissions should be in two hard copies and a soft copy on HP and Microsoft compatible disc sent to the following address:

The General Editor

Nigerian Juridical Review

Faculty of Law

University of Nigeria

Enugu Campus, Enugu, Nigeria

E-mail: nigeriajuridical@unn.edu.ng

 

The journal prefers e-mail submissions. Soft copies may be sent to the e-mail addresses above.

For general inquiries, please contact Dr. Edith Nwosu edith.nwosu@unn.edu.ng or Dr. Chukwunweike Ogbuabor chukwunweike.ogbuabor@unn.edu.ng.

 

 

 

EDITORIAL ADVISORY BOARD

 

 

Professor Boniface O. Okere,                     Professor Obiora Chinedu Okafor

Docteur d’Universite de Paris                    LL.M (Nig) LL.M, Ph.D

Professor, Faculty of Law                          Professor, Osgoode Hall Law School

University of Nigeria                                  Canada, Chairperson, UN Human Rights Council Advisory Committee; General Editor, The Transnational Human Rights Review

 

 

Professor Chukwunonso Okafo                 Professor G. Chukwuemeka Nnona

LL.B (Nig), LL.M, Ph.D                             LL.B (Ife), LL.M (Lagos) LL.M

Professor of Law, University of                (Harvard) Ph.D (Harvard)

Nigeria.                                                       Professor of Law, University of Nigeria

 

Professor Ikechi Mgbeoji                            Dr. Damilola S.Olawuyi

LL.B (Nig), LL.M, JSD                               LL.M (Calgary), LL.M (Harvard),

Professor of Law,                                       Ph.D (Oxford), Director, Institute for

Osgoode Hall Law School                          Oil, Gas, Energy, Environmental and

Toronto, Canada                                        Sustainable Developmemnt, Afe

Babalola University, Ado-Ekiti, Nigeria

 

Professor Anthony O. Nwafor                             Hon. Justice Centus Chima Nweze

LL.B (Jos), LL.M (Nig), Ph.D (Jos)            Justice of the Supreme Court of

Professor of Law, University of Venda      Nigeria, Abuja, Nigeria.

South Africa

 

Professor Obi Aginam                                Professor Dakas C. J. Dakas, SAN

Senior Research Fellow & Head,                LL.B (Jos), LL.M., Ph.D

Governance for Global Health                    Professor of Law, University of Jos

United Nations University-International       Nigeria; Ben Nwabueze Distinguished

Visiting Professor, IR3S University of       Professor of Law, Nigerian Institute

Tokyo; Adjunct Research Professor of       of Advanced Legal Studies, Abuja,

Law,Carleton University, Ottawa, Canada Nigeria

 

 

 

THE NIGERIAN JURIDICAL REVIEW

FACULTY OF LAW

UNIVERSITY OF NIGERIA

Style Manual

Presentation

The paper should be double-spaced, in Times New Roman size 12 fonts, with a one-inch margin on each side.

The first paragraph after a head or new sub-division should be flush to the margin. Subsequent paragraphs should be indented.

Footnotes should be at the foot of each page, in size 10 fonts, consecutively numbered in Arabic numerals, and automatically self-adjusting. The footnote number follows any closing punctuation as in the following example: The boys could not resist fighting back.¹

Each paper should be accompanied by an abstract of 150-200 words, written after completion of the paper, not before.

Case References

Decided cases, rulings and even pending cases may be referred to but in dealing with pending cases, the researcher should be careful to avoid comments that will be subjudice.

 

Standard citation practices are to be used, with the title of cases (names of the parties) in italics as in the following example:

Ridge v Baldwin [1964] Appeal Cases 40, OR Ridge v Baldwin [1964] AC 40.

If specific pages are referred to:

Ridge v Baldwin [1964] Appeal Cases 40 at 78-9, OR Ridge v Baldwin [1964] AC at 78-9.

Uncommon or obscure law reports should be cited in full and not abbreviated: ‘Certified Copies of High Court Judgments, Lagos’, instead of ‘CCHCJ’; ‘East Central State Law Reports’, instead of ‘ECSLR’.

American case citations may follow the American practice as in this example:

Brown v Board of Education, 347 US 483, 98 L Ed 873 (1954).

Note the punctuation, and that there are no full points between letters: thus the references are: All ER, WLR, QB and so on, as respective abbreviations for ALL England Reports, Weekly Law Reports and Queens Bench.

European case references should follow the practice of the relevant jurisdiction.

Unreported cases should be cited with the docket or suit/case number, the date of the judgment or ruling, the court and where possible, the name of the presiding judge(s) together with such other details as make for the ready identification and tracking down of the suit and the ruling or decision therein, if any. For example:

Durnuje v. Nigerian Breweries Plc. (unreported) High Court of Delta State in Suit No.1 FHC/236, 4/7/2001.

 

MTN Nigerian Communication Ltd. Consumer Protection Council (Unreported) Suit No. FHC/ABJ/M/2010/2006, ruling delivered on 3/8/2006 by C.F.M. Nyako, J. at the Federal High Court, Abuja FCT Division.

Citation of Books and Articles

The Classic Style of citation of books and articles is recommended.

Books

• First name (or its initial) followed by initial of middle name and surname last;
• Title of text in italics;
• Edition/Editorship/Volume/Translation/Compilation (usually abbreviated: ed./vol/trans/comp.)
• Put in bracket place (city) of publication followed by colon, then publisher(s), and year of publication. Close bracket, then write page as p. (lower case letter) and indicate the page of the book being referenced.

 

• Example, using one author text, Jurisprudence of Sovereignty written by Dr. Chris Anyanwu:

 

Chris U. Anyanwu, Jurisprudence of Sovereignty (Lagos: AFRICOM Ltd., 2006) p. 1.

 

• For two author text, the two names will appear as in one author text while for more than two author texts, only the name of the first author should be written followed by the Latin expression: et al.

 

• For Example: Sourcebook on Medical Law, second edition written by Mare Stauch, Kay Wheat and John Tingle:

 

100. Stauch, et al., Sourcebook on Medical Law, 2^nd ed. (London: Cavendish Publishing Ltd., 2002) p. 100.

 

Articles

 

• First name (or its initial) followed by initial of middle name and surname last;
• Title of the article enclosed in initial caps, enclosed in quotation marks;
• Name (or citation where given) of journal/magazine/newspaper, in italics;
• Volume, serial/issue number and Month or Year;
• Page or pages as p. or pp. (lower case letter) of the journal, etc. where the article being referenced appear.

 

Example:

The article titled “Towards a Consistent Application of the Law on Pre-Action Notice in Nigeria” written by C. A. Ogbuabor which appeared in Volume 2 Issue I of the Nigerian Journal of Public Law should appear as:

 

162. A. Ogbuabor, , “Towards a Consistent Application of the Law on Pre-Action Notice in Nigeria” Nigerian Journal of Public Law, Vol. 2, No. 1 (2009), pp.148-168 at p.162.

 

 

Second and Subsequent References (Cross Referencing)

• For second and subsequent citation of the same work, the rule is as follows:
• Use Ibid generally to refer to the same work which immediately follow each other even though the paginations differ, i.e. to repeat as much of the preceding citation as the need warrants.

 

Examples:

¹⁵ Chris U. Anyanwu, Jurisprudence of Sovereignty (Lagos: AFRICOM Ltd., 2006) p. 1.

 

¹⁶ Ibid., p. 25,

 

–        Where other references have intervened, use above note to refer to a book or an article previously cited. These are usually preceded by the author’s surname only unless another author of the same surname has been cited.

 

 

Examples:

 

¹⁵Chris U. Anyanwu, Jurisprudence Sovereignty (Lagos: AFRICON Ltd., 2006) p. 1.

 

¹⁶C.A. Ogbuabor, “Towards a Consistent Application of the law on Pre-Action Notice in Nigeria” Nigerian Journal of Public Law, Vol. 2 No. 1 (2009), pp. 148 -168 at p. 162.

 

¹⁷ Anyanwu, above note 15, p. 120

 

¹⁸ Ogbuabor, above note 16, p. 160.

 

 

Secondary Source Citation:

• Where the author did not personally consult the source being cited but got the information or idea from the work of another author, that fact should be expressed in the reference.

 

Example:

A.S. Burrow, Remedies for Torts and Breach of Contract (London: Butterworths, 1987) p. 34 cited in T.A.T Yagba, “Consumer Redress” a paper presented at the National Workshop on Consumer Protection held at NIALS, Lagos, 27 – 29 June, 2000.

Contributions to books

These should take the following form:

George C. Nnona, “Towards a Proper Perspective of the Private Company’s Distinctiveness” in Pieter Bekker, Rudolf Dolzer and Michael Waibel (eds.) Making Transnational Law Work in the Global Economy (Cambridge: Cambridge University Press,, 2010) p. 357.

 

John Ashworth, “Belief, Intent and Criminal Liability” in John Eekelaar and Joseph Bell (eds.), Oxford Essays in Jurisprudence Third Series (Oxford: Oxford University Press, 1987) p. 1.

 

If specific pages are referred to:

George C. Nnona, “Towards a Proper Perspective of the Private Company’s Distinctiveness” in Pieter Bekker, Rudolf Dolzer and Michael Waibel (eds.), Making Transnational Law Work in the Global Economy (Cambridge: Cambridge University Press, 2010) pp. 357 – 390 at p. 377 or at pp. 377-8.

 

John Ashworth, ‘Belief, Intent and Criminal Liability’ in John Eekelaar and Joseph Bell (eds), Oxford Essays in Jurisprudence Third Series (Oxford: Oxford University Press, 1987) pp.1 – 12 at p. 6.

 

American references may follow American practice as in the following example:

Fred Schauer, “Precedent,” 39 Stanford Law Review 571 (1987).

If specific pages are referred to:

Fred Schauer, “Precedent,” 39 Stanford Law Review 571 at 576-7 (1987).

 

Standard abbreviations may be used but only for commonly known journals: The Oxford Journal of Legal Studies may therefore be referred to as OJLS, and the Stanford Law Review may be referred to as Stan L Rev, in line with common practice.

 

Statutes

The full citation of a statute referred to for the first time should be given. The usual order is as follows:

• First state the section of the statute followed by the subsection (where relevant);
• Then the title of the statute (the short title);
• Chapter and volume;
• The law (in italics).

Examples:

2004. 11(2), Standard Organization of Nigeria Act, Cap. S9, Laws of the Federation of Nigeria (hereafter LFN), 2004.

 

2004. 546, Contracts Law, Cap. 26, Vol. 1, Revised Laws of Enugu State, 2004.

 

Note however, that the word ‘section’ is to be written in full in the body of the work.

 

Official Publications

These should be cited as follows:

Law Commission, Family Law: The Ground for Divorce, Law Com No 192 (1990), para 7.41.

The Nigerian Law Reform Commission, Working Papers on the Reform of Nigerian Company Law Vol. 1, Part II (1988) para. 29.

Report of the Royal Commission on Civil Liability and Personal Injury (Chair: Lord Pearson) Cmnd 7054, Vol. 1, (1978) para 562.

 

It is sometimes useful to add: hereafter referred to as the Pearson Report

in which case further reference is to Pearson Report, cross-referenced as necessary to the full name or title of the report.

 

Parliamentary Debates (3rd series) vol. 122, col. 1328 (5 June 1852).
House of Commons Debates vol. 574, col. 64 (13 July 1957).

 

Newspapers

Citations to newspaper articles should take the following form:

Sandra Laville, “Damilole Judge Rejects Witness as A Liar” The Telegraph (28 February, 2002) at page 2.

Petrus Obi, “EFCC: Nnamani Granted Bail by Enugu Court” Daily Sun, June 2, 2011, p. 5.

Where there is no attribution of a newspaper article or other material to a specific author, citation should take the following form:

Editorial, “Security Vote for Who?,” Business Day, July 5, 2011, p. 12.

Sub-divisions

The main headings of a paper should flush left and numbered I, II and so on OR 1, 2, 3 and so on; first letters of main words should be in upper case, i.e. the titles should be in initial capitals except for the articles ‘the’ ‘a’ ‘an’ and verbs or prepositions.

The next level headings should also be aligned on the left and be lettered A, B, C and so on; first letters of main words should be in upper case.

The next level should be aligned on the left and be numbered (i), (ii), (iii) and so on. First letters of main words should be in upper case.

Spelling

An important aspect is the use of -ize where this is an alternative to –ise: So ‘hypnotize’ instead of ‘hypnotise’. But note the spelling of analyse.

Quotations

Quotations within the text are enclosed within double quotation marks, and quotations within quotations are given single quotation marks. If quotations are three lines or more, they should be separated from the rest of the text, and should not be enclosed within any quotations marks. In other words, such quotations should be indented and be in 11 font size with single line spacing. However, quotations within such separated quotations should be given single quotations marks.

Internet and Online Citation

Authenticated Documents, Exact Copies

Citation to an authenticated, official, or exact copy of a document should be made as though it is the original print source, without appended URL information.

 

If the document is practically unavailable, citation should be made as if to the printed source, but indicating the online location of the copy by appending the URL directly to the end of the citation as in the following example: Henry S. Maine, Ancient Law (1^st American edn, Charles Scribner, New York 1864). Available at http://books.google.com?id=qqwpO1T5JD0C (Last Visited August I, 2011).

In general, reliance on copies or opinion obtained from non-authenticating websites like Wikipedia is not encouraged.

Direct Citation to Internet Sources

• Known Author: Felix Adewumi, “Alternative Dispute Resolution (ADR): An Antidote to Court Congestion”, at http://www.nigeriavillagesquare.com/index.php?option=com_content… accessed on June 23, 2010 OR last visited on June 23, 2010.

 

• No Author: “Pavement Planning New Album Release” Glide Magazine at http://www.glidemagazine.com.articles/55317/pavement-planning-new-album-release.html, last visited on November 6, 2009.

 

• Institutional Author: Dartmouth College Sociology Dept, “What is Sociology?” at dartmouth.edu/socy/intro.html,   accessed on Feb 4, 2013.

 

• Where No Institutional Author is Necessary (i.e. obvious from Domain Name): “Dunkin Donuts,” at http://www.dunkindonuts.com last visited on February 1, 2009.