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Showing posts from October, 2020

THE RIGHT TO A PEACEFUL PROTEST: A FUNDAMENTAL HUMAN RIGHT

Peaceful protests often inspire positive social changes and improved protection of human rights in a democratic society. The right to join with fellow citizens in protest or peaceful assembly is fundamental to a functioning democracy and it is one of the machineries needed for building a progressive society.   The right to a peaceful protest by the citizens, is a manifestation of different fundamental human rights which are: the right to freedom of peaceful assembly, the right to freedom of association, and the right to freedom of expression. Section 40 of the Constitution of Federal Republic of Nigeria, 1999 as amended provides that: “ Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests…” When citizens assemble they do not just assemble for the sake of it, they usually gather and associate with one anothe...

LAW AND BUSINESS TIPS: ESSENTIAL ELEMENTS OF A CONTRACT

By essential elements of a contract, it means those factors which give validity to a contract. They are the features that must be present in a contract before such a contract could be valid. In OJO V. ABT ASSOCIATES INCORPORATED & ANOR (2014) LPELR-22860 (CA) it was held that there are five important elements that must be present in a valid contract. These are offer, acceptance, consideration, intention to create legal relationship and capacity to contract. It has further been held in ORIENT BANK (NIG) PLC V BILANTE INT'L LTD (1997) 8 NWLR (PT. 515) 37 AT 76 that all the five attributes must be present for a contract to be valid in law. In other words all the five ingredients must co-exist as a contract cannot be formed if any of the ingredients is absent. OFFER: In GTB PLC. & ANOR V. ANYANWU, ESQ. (2011) LPELR-4220(CA) it was held that an offer is a proposal that emanates from the offeror to the offeree to enter into an agreement to do or not to do a particular thing. ...