Baryamureeba V Kabakonjo Abwooli: A Win For Women’s Property Rights In Cohabitation.
Fatumah Ramathan-Nabulya
Marriage, especially at its dissolution, tends to be contentious owing to its cross cutting effects on property rights, children custody, spousal maintenance among others. It is more complex when that “union” is not legally recognized. Over 65% of Uganda’s couples are left out under the law because their arrangements are not contracted in accordance with the laws provided for. This potentially subjects women to unequal social laws (patriarchy) usually with no legal remedies. Hence, marriage, due to its overarching effects, can be breeding ground for the entrenchment of gender inequality. This paper reviews a High Court decision through which judicial activism is employed to lessen the plight of cohabiting women. Due to the time they have been in operation, it is often difficult to see our matrimonial laws for what they really are; patriarchal and gender indiscriminate. There is need for Judges to be fully alive to the history of these laws and the debates that led to their passing, to correct the wrongs of history.
The Leaking Umbrella: Evaluating The Efficacy of Sexual Offences Legislation in Uganda
Julius Ainomugisha
Globally, sexual offences and the methods by which they are perpetrated have evolved, leading to corresponding updates in legislation. However, in Uganda, the laws governing sexual offences have remained largely unchanged, despite a steady rise in reported cases, as reflected in Uganda Police annual reports. This stagnation has contributed to the increasing prevalence of sexual offences and complicated the notion of justice for victims. By tracing the historical origins and assessing the relevance of Uganda’s sexual offences legislation, this article critically analyses the legal framework, court interpretations, and existing gaps. Through a comprehensive review of books, case law, legislation, reports, and related literature, the article offers informed recommendations for legal reforms to enhance justice for victims and better address the complexities of modern sexual offences.
Éràmà, Nàigbià: The Dawn Of Paternity Fraud Vis-à-vis The Nigerian Legal System
Ernest Osiregbemhe Ikalume
Paternity fraud in Nigeria constitutes a profound societal and legal crisis, posing as a setback for society. This phenomenon, marked by the wilful misidentification of a child’s biological father, has surged within marital contexts, as seen in several cases, destabilising Nigerian families. This article analyses its prevalence under the current legal framework and proposes solutions. Employing the doctrinal approach, the article conducts an in-depth review of legal literature, statutory provisions and judicial interpretations. Findings indicate that paternity fraud lacks legal recognition as a crime in Nigeria, with existing laws failing to address it. This article recommends enacting a Paternity Fraud Prevention Bill, amending laws to prioritise truth over outdated norms. Additionally, it advocates for awareness campaigns, school initiatives and group therapy to restore trust.
Forensic Science Evidence: An Examination Of Crime Scene Investigation Procedure And The Contemporary Challenges In Nigeria
Abayomi Oluwaseun Akanle
Although forensic science evidence has risen sharply to assist in criminal and civil litigations in Nigeria and around the world, the environment is not exempted from the challenges this type of evidence may pose. The study carried out an examination of forensic science evidence with the specific aim to discuss crime scene investigation procedure for generating this type of evidence in Nigeria. To achieve this, the doctrinal research methodology was adopted and the study systematically analysed existing literatures on forensic evidence around the world. The study concluded that for many years, forensic science investigations have generated useful and trustworthy evidence. The study therefore made recommendations to improve the evidentiary jurisprudence of forensic evidence in Nigeria, particularly in criminal matters.