A COMPARATIVE STUDY OF WIFES RIGHT TO MAINTENANCE IN ISLAMIC AND STATUTORY LAWS IN NIGERIA

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CHAPTER ONE 

  • GENERAL INTRODUCTION

 

         Background to the Study

 
The Study falls under English and Islamic family law, which is the basis of a tranquil mutual existence in a society. Islamic law is defined as the code of law derived from the Quran and the teachings of Prophet Muhammad SAW1.On the other hand, statutory law is the term used to define written laws, usually enacted by a legislative body2.Statutory laws vary from regulatory or administrative law that are passed by executive agencies, and common law, or the law created by prior court decisions.3 Maintenance is the core and kernel of a  marriage  because  no marriage can survive well without maintenance. Therefore, it is the husband‟s legal obligation to maintain his wife during the subsistence of the marriage. This obligation of the husband towards his wife entails her incontestable right to lodging, clothing, feeding and general care. This is so under both Islamic and Statutory laws. Although there are some instances where the two laws differ.
Under Islamic law, the Arabic word for maintenance is “Nafaqah” which is defined as means of support or sustenance. Legally, it connotes all those things which are necessary to support life, such as food, clothes, healthcare, lodging and general care.4 The responsibility for the maintenance of wife is a duty which the husband is enjoined to discharge cheerfully without reproach or injury
The Holy Prophet (S.A.W.) is reported to have said during his farewell sermon that “…then fear Allah regarding women, for you have taken them by the word of Allah and met their private parts lawfully by the word of Allah…And they have upon you, the right
Of feeding and clothing in an equitable manner…”6It is also reported on the authority of Mu‟awiyyah al-Qushairi (R.A.) who said “Oh the Apostle of Allah, what is the right of the wife, a man has upon him” to which the Prophet replied “to feed her when you feed yourself, clothe her when you clothe yourself and you should not beat her face, do not repulse her and do not desert her except inside the house”.
In the same vain, The Holy Qur‟an 65:7declares thus: “Let him who has abundance spend out of his abundance and whoever has his means of substance straitened to him, let him spend out of that which Allah has given him”.7
The concept of maintenance under statutory law is different from the common law rule. Common law is based on precedent or case law, common law allow judges to decide cases based on rulings of prior cases with similar circumstances. Statutory law is written law as decided by the legislature or other government agency, the legislation will mainly be based on rules and regulations either mandating or prohibiting certain behaviours of the general public8.Under the common law, maintenance of a wife can be seen as a one way traffic that is the husband is under the obligation to maintain his wife.However, under the statutory laws; it is a two way traffic.A spouse is required to maintain the other spouse depending on the circumstances of the case. Under the English Common Law, the incidence of marriage imposes on the spouses a number of obligations one of which is the wife‟s right and husbands duty for maintenance. This obligation
on the husband arose from the fact of cohabitation and the wife‟s management of the household. A husband and wife may enter into an agreement to live apart, such a separation release each spouse from obligation. In such a situation, if he fails to provide her maintenance and she has no adequate means of support, she becomes at common law his agent for the purpose of obtaining necessaries.The wife‟s agency of necessity is intended to enable her procure such necessaries for herself and her children as the case may be. Necessaries here include food, clothing, medical expenses and other basic needs but do not include luxuries. Similarly, a wife who has sufficient means of her own to purchase necessaries is not entitled to pledge her husband‟s credit as there is in fact no necessity. This is the case where for instance she earns sufficient income to sustain herself adequately. Where she is already adequately supplied with a particular necessity, the husband cannot be liable for any further supply of the same item. The husband will also avoid liability if he provides his wife with adequate maintenance.
Furthermore, under the Matrimonial Causes Act High court is vested with powers on appropriate application to make an order for the maintenance of a spouse or the children of the marriage. In the exercise of this function, the court has a free hand to make such order as it  thinks fit, consequently, the discretion of the court in this respect is unfettered. But the decree directs that the courts should have regard to the means, earning capacity and conduct of the parties to the marriage and all other relevant circumstances.

         Statement of the Problem

 
Right to maintenance of a wife is very fundamental in both Islamic and statutory laws applicable in Nigeria. Several researches have been conducted and many books published on this topic in the two legal systems.
However, every now and then, you find cases of dispute between spouses arising from violation of such right to maintenance which in many instances leads to divorce. The question is do the husbands allow their wife‟s to freely enjoy these rights if they are aware of them? And to what extent Islamic and Statutory laws provide for wife‟s right to maintenance? If there are clear provisions then why is it that cases are repeatedly seen between spouses due to lack of maintenance? These and many other problems are going to be examined in this research.

         Aims and Objectives

 
The main aim of this research is to find out whether the wife‟s right to maintenance is exercised as stated in the Quran and the statutes respectively with the view to achieve the following objectives:

  1. To examine the provisions on the wife‟s right to maintenance under Islamic and statutory
  2. To find out the differences and similarities of wife‟s right to maintenance under Islamic and statutory
  • To proffer solution whether there is non- compliance to such

         Justification

 
This research was embarked upon to clarify a lot of misunderstanding among spouses as to the wife‟s right to maintenance and also to provide additional material for students and other interested persons in the study of comparative law of wife‟s right to maintenance .

         Research Methodology

The methodology adopted in this research is doctrinal as well as empirical. The Qur‟an and Sunnah, being the primary sources are relied upon, even though references to some

A COMPARATIVE ANALYSIS ON THE CONCEPT OF FREEDOM OF RELIGION UNDER THE SHARI‘AH AND INTERNATIONAL LAW

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ABSTRACT
This study analyzes the compatibility of Shariah with International Law on freedom of religion. As a subject of colossal complexity and variation, detailed examination is restricted to the highly contentious issues of the right to change religion (otherwise termed apostasy in Islamic law), the religious rights of non-Muslims (Dhimma) in an Islamic State, relations of law and religion (state religion), blasphemy/defamation of religion, and the application of the doctrine of jihad in defence of the Islamic faith, etc. Today, the serious disregard and infringement of freedom of religion by both State and non-State actors has kindled hatred and caused violence among people, as evidenced by severe and systematic persecution, domination and suppression by one religion or sect over the other using the instrumentality of State power in many countries across the globe. Many instances abound on the oppressive treatment and discrimination of members of minority religion or faith within a nation; arbitrary killing and violence to the life and properties of the holders of certain beliefs or sects; willful destruction of or damage to places of worship and other sacred sites of cultural and religious memory and learning in many parts of the world. In view of this, the main objective of this work therefore, is to examine what comparable or divergent visions and precepts underlie Shari‟ah law and international law in providing for freedom of religion given the fact that as to Shariah, preserving the Islamic faith is among its fundamental principles and as to international law, promotion of tolerance and friendly relations forms its very basis. To achieve this, doctrinal method of legal research was adopted, and reliance was placed on sources of information such as the primary and secondary sources of Islamic law as well as the sources of international law on the subject. It is argued that while international law contemplate protection of freedom of religion only of recent, the Shariah as a system of law and religion was the first to recognize religious toleration right from the 7th Century A.D. and in view of this, it was observed that religious accommodation in Islamic tradition is only tenable under Islamic Rule than in democracy, socialism or communism, therefore a return to Islamic Khilafah system was advocated. It was further submitted that freedom of religion in its international law conception is far from being universal and remain the most contested freedom in view of its failure to recognize other legal and cultural traditions, the Shariah in particular. The findings reveal that rules of international law related to freedom of religion are to a large extent, contradictory to those found under the Shari‟ah, it being the formulations of international standards remain largely reminiscent of Western as well as Judeo-Christian traditions to the exclusion of Islamic particularities. Consequently, much of the current legal problems associated with violations of freedom of religion in Western countries as well as by Muslim majority countries are argued as being partly due to the existent doctrinal incongruence between the two systems of laws. The study concludes with the view that attainment of “universal” standards on protection of freedom of religion is possible, only if the international community appraises itself of the relevance of Shariah within international human rights discourse as an alternative legal tradition.
 

A COMPARATIVE ANALYSIS OF THE ENFORCEMENT OF FOREIGN JUDGMENT IN NIGERIA AND UNITED KINGDOM

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A COMPARATIVE ANALYSIS OF THE ENFORCEMENT OF FOREIGN JUDGMENT IN NIGERIA AND UNITED KINGDOM: A CASE FOR CYBER JURISDICTION
Abstract
Under Private International Law, enforcement of foreign judgment or its recognition is the whole mark of every proceeding. Without them, this spare of law will make little or no sense at all and international transactions will suffer a setback. They serve as guarantee that an act adjudged wrong by the court of competent jurisdiction in one state will same effect in other state. This research work intends to make comparative analysis of the conditions and procedures of enforcing foreign judgment as well as making case for cyber jurisdiction. Using doctrinal method of research, the comparative analysis of the conditions and procedures of enforcing judgments in Nigeria and United Kingdom was conducted. The research work also makes case for determination of jurisdiction of court to preside over internet cases. The research finds that, the legal regime on the subject in Nigeria has limited scope compared to that of the United Kingdom and the fact that presently no effective solution for the challenge of cyber jurisdiction is achieved yet. The research recommends that, the minister in Nigeria should give effect to section 3 of the Foreign Judgment (Reciprocal Enforcement) Act Cap. F35 L. F. N .2004. The Hague Convention on Recognition and Enforcement of Foreign Judgments should be amended with the hope that, if these and other recommendations are adopted enforcement of judgment in both Nigeria and the United Kingdom will be guaranteed and simpler.
CHAPTER ONE
 
GENERAL INTRODUCTION
 
1.1         BACKGROUND OF THE STUDY
 
A wise saying has it that, no man is an island, hence human interaction becomes necessary. The dynamic nature of this social interaction being what is occasionally brings about disputes or disagreements. To mend these disputes or disagreements, civilized societies in a bid to make life meaningful put some instruments in place. One of such instruments is law.1 By the instrumentality of law, an aggrieved party normally goes to court of competent jurisdiction2 seeking for redress. One of the duties of court in this circumstance is to make order or declaration3 as per the rights and the duties of the parties involved.
 
The matter does not however end with the court pronouncing its judgment,4 recognition5 and enforcement6 of the court‟s judgment are the next procedures. Apart from declaratory judgments that are not enforceable,7 other forms of judgment8 may need some form of compliance or the other in order to be realized. Otherwise, the successful litigant, called the judgment creditor, may have secured a pyrrhic victory.
If the party against whom judgment is given, called the judgment debtor willingly complies with the terms of the judgment, there will be no problem. But more often than not, the judgment debtor does not willingly comply with the terms of the judgment. Thus, there arises the need to compel him to do so through execution or enforcement procedure. This conforms to the general principle of law that judgment or order of the court must as far as possible be obeyed or complied with. Otherwise the authority of the court would be diminished and the legal order would suffer a breakdown.9
 
Again, if the enforcement or execution is to be carried out, in the jurisdiction or country in which the judgment is given, no much problem would arise. But a much more challenging circumstance showcases itself where the judgment creditor only after his success in the case realizes that, the fruit of his labour has to be satisfied abroad.
 
The question is, can judgment given by the court of one country be enforced by the court of another? This necessitates the study of feasibility of enforcing foreign judgment. Enforcement of foreign judgment is not a new phenomenon. It has long existed as a topic in the sphere of private international law. Besides the Rule of Common law, it is regulated by bilateral treaties10 or multilateral international conventions.11 This area of the law has gained prominence, at least of late, because of the advent of the internet and the age of globalization. Increase in cross border business transactions would naturally cause an upshot in litigation. This in turn would require national or municipal courts to decide whether a judgment or order obtained in a foreign country should be recognized or allowed to be enforced in their own country
In Nigeria and the United Kingdom, it is well settled under both the common law and statutes12 that the foreign judgment sought to be enforced must satisfy certain requirements as precondition to its enforcement or recognition. The most essential of all the requirements for recognizing or enforcing foreign judgment is that the foreign court which rendered the judgment sought to be enforced is one of competent jurisdiction in the international sense.13
 
Underscoring the importance of jurisdiction as a condition precedent to recognition and enforcement procedure, a writer14 states thus:
 
“In general, recognition or enforcement of foreign judgments may not be allowed if the foreign court acted without competent jurisdiction or if the defendant can avail himself of any of the limited number of defenses available”15
 
 
1.2         STATEMENT OF RESEARCH PROBLEM
 
Enforcement of foreign judgment has significant relevance in this era of increased international trade and foreign investment. Businessmen are more comfortable doing business with foreign partners knowing that if they obtain judgment from superior court in their home country; it can be enforced against the judgment debtor across borders.
 
This is what actually gave rise to conflict of laws as a course or private international law which is aim at making case for the enforcement of judgments obtain from one country in t another. The two counties that are the case study of this research work (Nigeria and the United Kingdom) have conditions or requirements a judgment must satisfy before its enforcement and the procedure of so doing which fall on all fours.
It has been well settled that by international laws of the two countries that a judgment given by a court of one country may not be capable of recognition or enforcement in another, except if the court that gave the judgment is one of competent jurisdiction in international sense. Once jurisdiction is lacking, the judgment becomes nullity16
 
Today the bulk of transactions are conducted online and breaches are occasioned from these transactions which may necessitates going to court. Hence, the concept of cyber – jurisdiction emerges. Cyber – jurisdiction unlike the ordinary territorial jurisdiction is placeless.
 
The above facts made the two scenarios fall apart, such that what suits one cannot certainly suit the other. Consequently, some scholars17 see the regime of online transaction as an end to recognition and enforcement of foreign judgment. This skepticism is thought provoking that makes one to wonder whether these online transactions are not regulated by law such that breaches there from cannot be enforced.
 
The statement of problem of this research work is that, the traditional jurisdictional principle in Nigeria and the United Kingdom that is geographically based cannot suit the cyberspace scenario which is placeless and disrespects geographical boundaries. Thus, there is no agreement on when can a foreign court be of competent jurisdiction to entertain an online matter capable of recognition and enforcement in another country
1.3         AIM AND OBJECTIVES OF THE RESEARCH
 
The aim of this research work is to discuss the extant laws regulating recognition and enforcement of foreign judgments in Nigeria and the United Kingdom and since jurisdiction is the most important requirement for the recognition and enforcement of foreign judgment the research work looks at the relationship between recognition and enforcement of foreign judgment and cyber – jurisdiction as well as exploring the possible ways of addressing the challenge that cyber jurisdiction poses to recognition and enforcement. In particular, the research work aims at achieving the following objectives:
 

  1. To make a comparative analysis of the requirements and procedure for recognition and enforcement of foreign judgment in Nigeria and United Kingdom.

 

  1. To critically explore how the challenge that the cyberspace poses to enforcement of foreign judgments could best be addressed so that internet users can transact with peace of mind.

 

  • To explore the possible relationship between the requirement for enforcement of foreign judgment and cyber-space.

 
 
1.4         JUSTIFICATION OF RESEARCH
 
As rightly pointed out above, no man can happily live in isolation. Therefore, interaction among people both at national and international level becomes inevitable. Today, technology has made this interaction easier, sometimes by a mere click of a computer mouse
Sadly as it may sound, disputes are bound to arise from time to time owing to the dynamic nature of life. Absence of any mechanism to address the likely disputes may extinct online international transaction for the fear of likely beach of commercial relationship and other civil wrongs which may go unenforced.
 
This research work is therefore justified, because is targeted at ascertaining the competence of one of these redressing mechanisms that is, the court to decide over these disputes involving foreign elements (foreign element means foreign law or a foreigner) from online transactions, as well as the procedure to be followed in realizing the fruits of the litigant‟s labour and the likely defenses that can be raised thereto.
 
This will infuse life into this dying area of the law and instills confidence in the minds of foreigners (Nigeria and British citizens) to transact online freely knowing that for every breach there is a corresponding remedy.
 
1.5         SCOPE OF THE RESEARCH
 
The scope of this research work is basically Nigeria and the United Kingdom. Attention is placed particularly on the common law principles as they apply to these countries on the topic under consideration. The respective statutes of these two countries that is, Foreign Judgment (Reciprocal Enforcement) Acts of each and other related statutes are also examined with respect to the conditions and procedures of enforcement of foreign judgments as well as the position of cyber-jurisdiction.
1.6         RESEARCH METHODOLOGY
 
In carrying out this research, information were collected for an in depth analysis through doctrinal method of research that is through reading of books and other written materials such as statutes, cases, articles among others. Recourse was also be made to information stored online (the use of internet facility).
 
Information is collated form these sources for in-depth analysis with a view to finding out the present position of the law and possible contribution to expand the frontier of knowledge in this regard.
 
Dicey and Morris,18 in their book, discussed extensively the requirements and procedure of recognition and enforcement of judgment involving foreign element both under the common law and statutes as they apply to cases in or out of England and the rest of the world. However, the book did not make any attempt to address the recent issue of cyber-jurisdiction19 and the challenge it poses to recognition and enforcement of foreign judgments. They did not discuss
post registration procedure and their discussion on defenses was scanty. Again, the work has not specifically related to the situation obtained in Nigeria.
Amba Myss20 is an English writer. Although he discussed synoptically the applicable laws regulating jurisdiction, recognition and enforcement of judgment, he did not however dwell on defenses. Cyber-jurisdiction also falls outside the scope of his work.
 
Cheshire and North,21 took pain to discuss extensively the principles of jurisdiction as prerequisite to a valid judgment capable of recognition or enforcement under different heads namely, jurisdiction in personam22 and jurisdiction in rem23 under both common law and statutes. They further discussed limitations to those jurisdictional principles, and the defenses that can be raised against recognition or enforcement of foreign judgment. Like other writers, they did not discuss cyber-jurisdiction. Their work did not equally capture the recent trends on recognition or enforcement procedures, both forming the basis of this work.
 
Agbede24 is one of the renowned authors in this area of law in Nigeria. His work substantially reflects the relevant laws applicable in Nigeria. He discussed choice of jurisdiction or inter-state situation, as well as jurisdiction in rem and in personam.
 
His discussion on the topic under consideration that is recognition and enforcement was minimal as he discussed only jurisdiction under the common law and statute

The Use Of Formwork Design And Construction Of High Building

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ABSTRACT
This research project is designed to critically assess the use of formwork design and construction of high rise building. The researcher has carried out an extensive research on how important well designed and constructed formwork could be in the construction of high rise building in Nigeria. The researcher in order to achieve this aim visited libraries, handouts, journals and distributed questionnaires, personal observations. The data obtained from questionnaire was presented and analyzed using the percentage method. The hypothesis was tested using chi-square statistical formula. The researcher found out the followings; that contractors of these days no longer go for superior and construction most contractors prefer using block where concrete should have been used. Recommendations were made as follows it is recommended that contractors should learn the proper way of constructing formwork for concrete components. Standard materials should be used for every formwork construction. There should be a stipulated standard for formwork construction in construction site in Nigeria
 
TABLE OF CONTENTS
Title page
Approval page
Dedication
Acknowledgement
Abstract
Table of contents
CHAPTER ONE
1.1  Introduction
1.2  Background of the study
1.3  Statement of the problem
1.4  Objectives of the study
1.5  Scope of the study
1.6  Significant of the study
1.7  Definition of terms
CHAPTER TWO
2.0  Literature review
2.1  formwork and Concrete for types
2.2  Slab Formwork (Deck formwork)
2.3  Flexible Formwork
2.4  Formwork Elements
2.5  Characteristics of a good Formwork
2.6  Materials for Formwork
2.7  Types of Formwork
2.8  Order and method of Removing Formwork
2.9  Preventing Formwork Failures
2.10 Control Measures Erecting Formwork
CHAPTER THREE
3.0  Research Design/Methodology
3.1  Introduction
3.2  Research Design
3.3  Sources/Method of Data Collection
3.3.1       Primary Source
3.3.2       Secondary Source
3.4  Population and Sample Size
3.5  Sample Technique
3.6  Validity and Reliability of Instrument
3.7  Method of Data Analysis
CHAPTER FOUR
4.0  Presentation and Analysis of Data
4.1  Introduction
4.2  Presentation of Data
4.3  Analysis of Data
4.4  Test of Hypothesis
CHAPTER FIVE
5.0  Conclusion and Recommendation
5.1  Conclusion
5.2  Recommendations
References
Appendix I
Appendix II
CHAPTER ONE/INTRODUCTION
Form work is the term given to either temporary or permanent mould into which concrete or similar materials are poured. In the context of concrete construction, the false work supports the shuttering moulds.
Formwork  are hollow moulds, which serve as a form for concrete in this way, building components of concrete and reinforced concrete as site concrete will be constructed. In the precasf plant, mostly formwork elements come into use. The use of form work comply with the highest requirements and enable an exact, efficient and thereby economical construction of pre-cast concrete parts.
Some of the earliest examples of concrete slabs were build by Roman Engineers because concrete is quite strong in resisting compressire loads, but has relatively poor tensile or torsional strength, these early structure consisted of arches, vanlts and domes. The most notable concrete structure from this period is the panthern in Rome. To mould this structure, temporary scaffolding and formwork or false work was build in the future shape of the structure. These building techniques were not isolated to pouring concrete but were and are widely used in masonry because of the complexity and limited production capacity of the building material, concretes rise as a favored building materials did not occur until the invention of Portland cement (and developments by the edision Portland Cement Company) and Reinforced concrete.
1.2  STATEMENT OF PROBLEMS
Despite the numerous achievements of formwork in the construction of high rise buildings, a lot of problems are still associated with the design and construction of formwork for building production. These problems among others are:

  1. Most construction companies do not see the need to the quality material for formwork hence they are discarded after use in most cases. This has constituted a lot of problems design and construction of formwork.
  2. Use of inexperienced contractors is another problem confronting effective design and construction of various types of formwork for high rise building.
  • It is observed that in most construction companies, all the processes involved in formwork construction for concrete components are not duely observed by the contractors and this in most occasion causes formwork failure in high rise building.
  1. In most cases, the owner of the project detects to the contractor the type of material to use for him or her and this has affected so many formworks design and construction negatively.

1.3  OBJECTIVE OF THE STUDY
The main objective of this research work is to access the design and construction of various types of formwork for construction of high rise building. The specific objectives of this research work are as follows:

  1. To determine the effectiveness of quality materials in the design and construction of quality formwork for high rise building.
  2. To evaluate the experience of indigenous contractors in formwork design and construction
  • To determine the various processes involved in formwork design and construction.
  1. To determine the problems associated with effective design and construction of formwork for high rise buildings.
  2. To suggest solution on how to remedy the problems associated with effective design and construction of formwork for high rise buildings.

1.4  RESEARCH QUESTION
For the purpose of this research work, the following research questions were formulated.

  1. What are the effective of quality materials in the design and construction of quality formwork for high rise buildings?
  2. What are the level of experience of the indigenous contractors in formwork design and construction?
  • What are the various processing involved in formwork design and construction of formwork for high rise buildings?
  1. What are the problems associated with the effective design and construction of formwork for high rise buildings?
  2. What could you suggest as the means of minizing the problems associated with effective design and construction of formwork for high rise buildings?

1.5  SIGNIFICANCE OF THE STUDY
This research work will benefit so many people and they are:
THE CONTRACTOR
The contractor will benefit immensely from this work, as the work will expose them to the various types of formwork, the processes involved in formwork construction and so many other experiences they will gain from the work.
THE STUDENTS
The study would be significant to students who might wish to use it as a basis for further research, it will serve as a spring board from which further research might take off. The data already gathered and documented in this project will serve as a source of information to student as well serve as a reference material in their classroom work.
1.6  DEFINITION OF TERMS
FORMWORK: Formwork is an ancillary construction, used as a mould for a structure into this mould, fresh concrete is placed only to harden subsequently.
CONSTRUCTION: is the process of preparing for and forming buildings and building systems or it is simply an act of making something especially building bridges etc.
ASSESSMENT: The process of documenting knowledge, skills, attitudes, and beliefs.
CONCRETE: is a composite material composed mainly of water, Aggregate and cement.
CONTRACTOR: this is an organization or individual that contracts with another organization or individual (the owner) for the construction of a building, road or other facility

Religion As An Instrument Of Social Control In Nigeria

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Religion As An Instrument Of Social Control In Nigeria

ABSTRACT

The thrust of this work, “Religion as  an instrument of social control in Idoma Nigeria
Historical research method was used in this thesis. The data collections, among other sources, were comprised of two major sources: primary and secondary sources. These data collections were analysed socially, critically and descriptively. It was found that positively, religion was credited with the following: the provision of  Idoma identity and political unity, curbed of evils, uplifting the human  development of the society through education and health care sectors and other developments. Above all, it rehabilitated, restructured and reconstructed  the society. In conclusion, the researcher advocated that religious personnel should endeavour to live out practically ethics of their religion. Ultimately, some synergies of actions are absolutely required between religious bodies (particularly between Christianity and Islam) and largely between religion and government in the society. This filial collaboration will enhance attainment of true democracy and more positive impacts of Religion in Nigeria>

CHAPTER ONE

INTRODUCTION

1.1       Background to the Study

Nigeria is the largest country of the black race in the world. It is also the most multi-religious among the countries in Africa. This is in line with the view of Akumu et al (2006:3) who opined that, “Nigeria is the most populous African state and one of the world’s most ethnically diverse societies being made up of over 250 ethno-linguistic groups.” The Nigerian ‘ethnic nationalities’ before the amalgamation, in 1914, comprised two separate geo-political zones: Southern and Northern protectorates. These two geo-political zones which constituted the ‘One Nigeria’ consisted of various cultures each with different traditional religions. Makozi in Okere (1988:9) asserted that:
Nigeria as one entity was born in 1914 when the two protectorates of Northern and Southern Nigeria were amalgamated by Sir Fredrick Lugard. The name “Nigeria” derived from the River ‘Niger area’ was proposed by Miss Flora Shaw in an article she had written as a press correspondent to ‘The Times’ in January, 1897, that is fourteen years before the amalgamation.

1

One would then be right to say that Nigeria as a country is an artificial creation of Lord Lugard. The “artificiality” in making up the country is a fundamental problem besetting Nigeria as a state in all facets of life (religiously, economically, politically, geographically, and so on). The various cultures with different traditional religions influenced governance in Nigeria tremendously, especially on the negative side. Logically and traditionally, each culture with its inherent religion, has some peculiar doctrines. These cultures had already been operating by different types of governance. For instance, the Igbo race within the South East zone was strictly under democratic rule, while the Hausa/Fulani race was ruled by the system of oligarchy or strictly indirect rule. These different ruling methods which were merged together created a lot of problems. The worst of it all was the merging of the two ccompeting religions (Islam and Christianity) inherently existing in different areas under the canopy of two different geographical locations (North and South). The emergence of these two foreign religions (Islam and Christianity) with the already existing traditional religions coupled with multi-populous nature of the country has made, and continues to make, both positive and negative impacts on the democratic governance of this giant country-Nigeria. Diara in Achunike (2011:162) stated that:
With well over 145 million inhabitants, Nigeria is unarguably the most populous African nation. After independence in 1960, Nigeria was to run a full democratic government, but military dictatorship unfortunately sprang up and took more than 30 years of the country’s 50 years of existence as an independent nation. Nevertheless, the country is today considered a democracy, having held general elections for four republics of four years span each – 1999, 2003, 2007 and 2011 – uninterruptedly.
At independence, the pioneer leaders (Founding fathers) chose the system of democracy as the system of governance for Nigeria. Atubi (2011) attested that: “the founding fathers of this country created a democratic system that separated church from state so that, as a country, we could avoid the slippery slope of getting into the business of telling people what to believe”. It suffices to note that the reality of democracy could not be achieved under this circumstance (the coexistence of the three different religions as well as the multi ethnic groups). According to Udeh (2011: Oral Interview) “one concrete reason for the failure of democracy in Nigeria is the attitudinal nature or logical concept of each religion regarding governance (democracy) coupled with different ethnic rationale”. A prime reflection goes to Islam.
Islam has different ideas altogether about governance. For Islamic culture, there is no separation of religion from governance. This concept was clearly buttressed by Ali (2002:81) who stated that:
Muslims believe that their religion, Islam, is a complete way of life which has made copious provisions for all facets of life: practices, social involvement, economic undertakings, political participation, technological innovations, legal phenomenon and religious beliefs.
If one should reflect on the above, it is pertinent to say that Islamic religion is one with all the sayings above including political participation and governance. This concept is contrary to the belief of Christianity: “give to Caesar what belongs to Caesar and to God what belongs to God”. For the Islamic religion, adherents of non Islam are referred to as infidels. This means that such infidels cannot go to heaven not to talk of ruling or having a say in the human society. For Moslems, it seems that only their adherents can rule and can exercise governance. Manchilla (2003: np) confirmed this statement when he said that:
Muslim recognized that “he (the leader or ruler) must be a Muslim” and the main reason they gave was that if the ruler is not a Muslim, he is unable to rule because he does not have the knowledge of Islam. If he is not Muslim, he doesn’t have any idea, he does what he wants according to his own religion, he doesn’t know what Koran says. If he is not Muslim everything is different. Islam is a complete way of life, so if he is non-Muslim completeness is not there.
Considering this fact in Nigeria means that democracy should not be a reality. For Christianity, governance and religion are separate entities. Though the two (governance and religion) have complex inclinations in every human person. For instance, man is a religious being (homo religiosus) as well as a political animal (zoo politicon). This means that the two virtues (religiosity and politics) exist outstandingly but independently in the same man and in every subject (man) irrespective of colour, culture, race and religion. Judging this tenet in Christianity, one will then say that the system of democracy for Christianity is better relaxed unlike that of Islam. This not withstanding, Christianity abhors a totally free concept of democracy. Christianity welcomes democracy to a certain level. Christianity is rather bureaucratic. This is because it follows rules and laws rigidly. Its officials are also dogmatic. Amidst the bureaucratic nature of the church, Christianity respects and cherishes democracy so well for the sake of human right.
The traditional (indigenous) religion, which had been in existence before the advent of the two foreign religions (Islam and Christianity) had a profound system of democracy. Indeed, traditional religion is very democratic in nature. Many scholars relate Igbo governance with that of Greece. On this, Onwubiko, (1973:108) wrote that:
As in the assembly of the Athenian citizens, in ancient Greece, every grown-up male has the right to air his views on a matter under discussion. After the Assembly had listened to several speakers, some members were appointed to consult among themselves for a decision. They withdrew and after the consultation, returned with a decision which was unanimously accepted by the Assembly. In this way, decisions were reached not by voting but by a consensus.
We can see that Igbo traditional society respects commoners. It could also mean that even the council of elders cannot act authoritatively without seeking the minds of the commoners. Such was the existence of democracy in Igbo area before the colonial era. In Igbo traditional set up, religion and governance (Politics) were formally intermingled. This is shown in the case of Eze being a ruler and a priest. But this is advisable only when the society is of one category. In this case democracy is safe. This is because the Eze respects and takes decision from his cabinets who are the representatives  of the different villages and families.
Reflecting through these three prominent religions in Nigeria, one will not hesitate to assert that each of them Islam, Traditional Religions and Christianity has different notions of the type of governance (democracy) which Nigeria operates. Ngwudike (2011: Oral Interview) stressed that “for Islam, Nigeria and her democracy are a sham. Democracy or no democracy, governance or no governance, Islamic law is supreme and autocratic”. For Christianity, Nigeria and her democracy must have a limit (ie to a certain extent) even though it (democracy) is welcome and respected. And for traditional religion, democracy is a choice with relaxation.
Hence these diverse conceptions cause a fundamental problem or conflict in Nigerian governance. These different levels of welcoming Nigeria and her democracy had provoked cultural and religious wars, riots, squabbles, conflicts and loss of wealth. They also hamper the system of governance. With these different notions, religion as an entity could not have enough positive impacts on the country. Onwujiaku (2011: Oral Interview) opined that, “the worst is that religion is loosing its focus and functions to certain extent in sensitive issues.” Even though it has made some positive impacts in the country Nigeria, yet it had registered more negative effects. For example, some of religious adherents have been responsible for the shedding of much blood. They caused these atrocities in a bid to intervene in Nigerian democracy and governance.
Similar to the mistake of the colonial masters in merging the different cultures and many religions together, was their planting of the seeds of majority-minority syndrome in the country. The colonial lords apportioned very large geographical location (area) to the North. They also sowed into the minds and hearts of the Northerners the superiority of their life and their religion over others through the incorporation of Sharia into the governance of sections of the Nigerian society, that is, Northern Nigeria. Ubaka (2000:24) wrote that:
Islam with its law – the Sharia, pre-dates Nigeria: Islam came into the area known as Nigeria today through the trade links with North Africa and Middle East. Historians agree that there was some form of Islam in the Kanem Bornu area around the 11th century AD and the Hausa land area around the 15th century. Then it thrived as a court religion while the few comers practiced it in their private lives.
In view of the above, truly, Islam with its law – the Sharia has been in existence as a religion before the birth of Nigeria. But the grave mistake the colonialists made was the promotion of Sharia, especially in the Northern Nigeria. The British established the Sharia court in Northern Nigeria. Kukah in Onwubiko (1994:111) commented on this:
… Muslims look at English courts in Nigeria as Christian courts, and that because of the problem it created, the British decided to take steps to pacify and appease the Emirs. In 1956, the British established a Muslim Court of Appeal which was welcomed by chiefs and Muslim jurists as a means of protecting Muslim law from encroachment as a result of appeal to English court.
The problem here is that English law (ie Nigerian Constitution) was mistaken to be Christian law. Really this mistake is a misnomer. The colonial masters did a selective justice which disdained other areas (with their cultures and religions) which were also amalgamated.  Other Religions have their own religious laws.
The inclusion of Islamic law in governance (Indirect Rule) in the Northern Nigeria by the colonial masters makes the Northerners to always swell, sway their heads and raise their shoulders above other groups in the affairs of Nigeria. It should be noted that Christianity also predated Nigeria and she has her laws too. Nonetheless, referring to Onwujiaku (2011: Oral Interview) “Nigeria absolutely could not have been merged to one state hence; the existence of two distinct constitutions. The idea it portrays is that the Nigerian Constitution and Sharia laws rule Nigeria. This is a disdain to Christianity and traditional religion. How will it look if one state embraces Canon (Christianity) law and another embraces traditional law so strictly as the Islamic adherents? It would be unwise and would have been another major mistake.
Another background cause of problem in Nigeria is the competitive nature of Islam and Christianity. The two religions are rivals to each other. Apart from being rivals to each other, they (Islam and Christianity) are suppressing the traditional religion. By this suppression, traditional religion is rapidly losing its values pertinent to the Nigerian society. The most outstanding of these values is the traditional education. Traditional education deeply grooms human conscience. Real traditionalist-brought up can not spill human blood. Very unlike the traditional religionists, some Muslims and some Christians are insensitive to human life. Odeh (2000:8) lamented that:
Today, as Nigeria wrecks with so much blood being spilled in the name of religion, it is evident that the evil genius of confusion is spreading not only confusion but also death. In an attempt to arrest the advance of the Christian south and thus allay its fears, the Muslim North grabbed political power long ago, indiscrimately mixed religion and politics and with both inflicted so much pain on the entire nation and the rest of us.
The above quotation clearly indicates the effects of competition between Islam and Christianity which resulted in the suppression of indigenous religion. The resultant effect of this competition always occasions the spilling of blood. This problem is a regular occurrence in Nigeria. It was not like that in the olden days when indigenous religion was predominant or alone.
More significantly is the constitutional favour which Britain granted to Northern Nigeria. This is another fundamental problem rocking the Nigerian governance. Onwubiko stressed (1973:391) that:
…in Nigeria, the constitutional legacy bequeathed by Britain created a situation over the other three southern regions. With its built-in 50% representation in a legislature of 312 seats at the center and with 53.3% of the country’s population, the North was assured of a permanent control of the federal government. It was the frustration which this situation created among Southerners that partly explains the army coup of January 1966.
This explains clearly the superiority of the North over the South in terms of politics as the colonialists had made it. The above quotation gave the North opportunity for more people in the constitutional assembly. It would therefore appear that the British colonial masters deliberately sowed the seed of rancour in Nigeria. The Northerners (whose majority are Islamic adherents) and the southerners (whose majority are Christians), because of the aforementioned mistakes of the colonial masters, live in constant conflict hence the constant problems in the Nigeria’s democracy.

1.2       Statement of the Problem

Nigeria is a country replete with diverse religious groups among which are the major ones such as; African traditional religion (ATR), Christianity and Islam. Each of these religions has some influences on Nigeria and her governance. However, our task in this thesis is to streamline the major influences which these three major religions (ATR, Islam and Christianity) had and have continued to exercise on Nigeria and her democracy at least from the time of Nigeria’s independence in 1960 till the year 2012. Religion should be an institution for stability, peace and progress in the life of Nigerians especially from the year 1999 – 2012 when it appeared that Nigerians would be living the real democratic life. Ali, et al (2002:88-89) noted that:
General Olusegun Obasanjo later assumed the mantle of leadership of Nigeria and in his speech to the nation, promised to hand over power to a democratically elected government on 1st October, 1979 as earlier promised by his predecessor in office, the late General Murtala Mohammed …. On 1st October 1979 he handed over to Alhaji Shuhu Shagari. It must be noted that government at all other levels had been democratized. There were also elected representatives of the people in the legislative houses at both the state and federal levels.
The researcher’s worry is that the three major Nigerian religious bodies have been functioning all along within the entity–Nigeria. It seems however paradoxical that religion that would be promoting harmony, unity and peace is now the agent of quarrel, squabbles, disaster, conflict and disintegration in Nigeria. In Nigeria, religion has done more harm than good. First, religion has been in the forefront of spilling blood because many religious and political crises in Nigeria are caused by religious adherents. Secondly, the competitive nature of the two foreign religions (Islam and Christianity) always destabilizes the Nigeria democracy and progress. Another problem is to harmonise the concepts of the three major religions in Nigeria. That is the fundamental problem.
This thesis stresses the fact that Nigerian colonial masters made serious mistakes by merging two separate geo-political zones (cultures) and making one superior to the other. Each of these two separate zones imbibes one of these competitive religions like the other. This means that the two merged regions see each other as combatants. Above all, the colonial masters implanted the superiority-inferiority cultures in Nigeria during the amalgamation. Anugwom and Oji (2004:151) averred that:
It is to be noted that most of the ethnic tensions and violence in Nigeria during the colonial epoch were political in character …. Sowed the bitter seeds of majority – minority syndrome in the geographical structure and organization of the country. This also dictated the pattern of socio-political relationship and the distribution of economic bounties of the country among these different nationalities.
This was done by granting constitutional favour to the Northerners (with Islam) leaving the Southerners (with Christianity) with less opportunities in the federal offices. In the face of all these stated problems, how can a true democracy be achieved? Again, religion, which should be the agent of unity, has become the agent of disintegration in Nigeria. Above all, Nigeria, which is blessed with outstanding religious personnel has become known for violence and belittling political disorder as a result of religion.
Many events motivated the study of the thesis. They are both negative and positive events. Religion, without doubt, has contributed positively to the Nigerian democracy. Nevertheless, its negative effects outweigh the positive ones. Hence there is need to study those anomalies for a change of direction for a better Nigerian democracy.  

1.3       Objective of the Study

The objectives of this study are as follows:

  1. To critically analyze the duties of religion so as to correct abuses
  2. To examine the principles of good governance and how to instruct both the political and religious leaders
  • To investigate the influence of religion in Nigerian traditional culture
  1. To assess the functionality of religion on the Nigerian democracy.

1.4       Significance of the Study

This thesis is of much relevance because many people of different categories will find it very useful. The main important points are as follows:

  1. The thesis will be an eye opener to the entire Nigerians on the failure of religion on the Nigerian democracy.
  2. Scholars and researchers will find the thesis highly invaluable for further research. It will furnish and enrich libraries.
  • The thesis will generate awareness and knowledge for the political leaders in handling both religious and political problems that may crop up in Nigeria.
  1. It will be of much benefit to religious leaders in piloting religious affairs in their respective denominations.
  2. Both Christians and Muslims will find the thesis very useful for a change of attitude (ie living in harmony) towards each other. Also it will enhance dialogue between Christians and Muslims as well as ecumenism (Intra-discussion) among Christians.

The work will serve as a reference point to the government and the legislature. It will let them see that the Federal Constitution of Nigeria needs to be revisited either to include Canon law (Christianity law) or to remove Sharia in the administration of Nigerian society.

1.5       Scope

            The study affected particularly the three major religions (African traditional religion, Christianity and Islam) in relation to Nigeria and her democracy. As sample for due course for religion, Christianity was chosen since it has the more balanced concept which reflect the studied area.

1.6       Methodology

The historical research method was used in this thesis. Data collection among sources comprised two main sources: the primary and secondary sources. Firstly, in the secondary source, the researcher employed the ideas of previous scholars already in print. These included: works from text books, literature, works from archieves, encyclopedia, internet materials, journals, magazines, newspapers, and unpublished works (articles and lectures). Furthermore, the primary source embraced the followings: eye witness account by the researcher as a social observer and oral interviews which were granted by resource persons. The respondents of oral interviews came from the people of various categories of proessions, classes and cultures within Nigeria. Such people were religious leaders and other eminent personnel. The analysis of the data was simply descriptive and evaluative. This means that the data were analyzed through the description of numerous incidences. Finally, the researcher proffered his personal contributions and suggestions.

1.7       Definition of Related Terms

1.7.1   Religion:  Religion according to Robinson and Davidson (1999:1173), is “a belief in, or the worship of, a god or gods”. Secondly, it is a particular system of belief or worship, such as Christianity or Judaism”.
For Okwueze (2003:3) “Religion can be understood as a regulated pattern of life of a people in which experiences, beliefs and knowledge are reflected in man’s conception of himself in relation to others, his social world, the physical as well as the metaphysical world”. Ugwu and Ugwueye (2004: 3) define religion as “man’s relationship with God. Man as a dependent being freely and internally acknowledges his dependence on God and expresses this in acts of individual and communal worship”.
However, the definition of religion by Kukah as put down by Emekwue (2000) which sees religion as a set of rituals by which human being relates with the higher being has been widely accepted. The word religion, etymologically, comes from the Latin word ‘re-ligare’ to bind. Broadly speaking and as the researcher conceptualizes, religion  includes actions of man with supreme being or divinities in respect of worship and loyalty.
 
1.7.2 Democracy
Etymologically, the word ‘democracy’ is a combination of two Greek words. Demos (people) cracy (rule) which literally means the rule or governance by the people. According to Ezema (2007:39) in quoting Lincolns said that:
The term democracy is derived from the Greek word “demos,” which means people” and cracy’ which stands for rule” or government. Thus, literally democracy signifies” the rule of the people…Abraham Lincolns definition of democracy is government of the people, by the people, for the people.
For Lincolns, the ruling in any democratic society is for the people. However, the situation of ruling in Greek city state does not welcome the decision of women and children.     
Gadsby (2001:360) defines democracy as “a system of government in which everyone in the country can vote to elect its members, a country that has a government which has been elected by the people of the country or a situation or system in which everyone is equal and has the right to vote, make decisions”, etc. For Gadsby, ‘democracy’ implies the following: system of government, a country itself being controlled by democracy or a constitutional state based on human rights and equality. For Robinson et al (1999: 355), democracy is “a form of government in which the people govern themselves or elect representatives to govern them. It is a country, a State or other body which is a form of government”. Robinson’s definition implies the strength in which the country is governed or the body of people governing themselves or electing representatives to govern them. For Echeta in Achunike (2011:43). “Democracy is government by the people. A form of government in which the supreme power is vested in the people and exercised directly by them or by their elected agents under a free electoral system”.
Again Echeta (2011: 37-39): stated that: “The Characteristics of democracy include, citizen’s right, freedom of speech, government accountability, free and fair elections, constitutionalism and rule of law”.
Nweze in Achunike (2011:130) wrote that:
… democracy for the purpose of clarity is the complete application of rule of law and human rights in any given society. This respect of democracy has been a far cry in almost African countries especially Nigeria. This has brought many struggles for true democracy in Nigeria for the past five decades of our political history”.
Also Echeta (2011:38) quipped that:
Herskovits (2006) writes on the history of Nigeria and clearly states that Nigeria was granted full independence in October 1960 and became a Federal Republic in 1963. The political history of Nigeria assumed a new dimension in 1990s with the introduction of democracy under President Obasanjo. It took a period of sixteen years of civil rule before a steady process of democracy began.
The quotations above reveal that Nigerian state has been experiencing democracy but not in its full force. However, the full fledged democracy was institutionalized in 1999. The Nigerian state began practicing democracy after some decades of years including decades of military rule. This thesis embraces the phases of these democratic periods (ie the developing years of democracy in Nigeria). In Nigeria and in the context of this study, the word “democracy” assumes a wider and more elaborate meaning.
The researcher hereby opines that in Nigerian State, democracy entails the life being lived in reference to governance through electoral processes and representations, the checks and balances in the exercise of power, the leadership and responses, the rights and duties between the government and the governed and with the reality of authority and freedom under the rule of law and constitution.
1.7.3 Governance
            The word “governance” is defined by Robinson and Davidson (2003:580) as “the act or state of governing. It is the system of government or authority to control”. The word “act” could further be defined as the process of ruling or doing something. It may be the act of performing the authority. Simply put, governance is the manner or the science of ruling. In this vein, one may correlate “governance” with politics. Similarly, “politics” is the science or business of government. This is concerned with the acquisition of power. The word “politics’ is in like manner defined by Gadsby (2001:1090) as “The ideas and activities that are concerned with the gaining and using of power in a country, city etc”. It is the profession of a politician. It is the study of political power and government. Analyzing the concepts of both Robinson and Gadsby regarding the two words, “governance and politics”, the result is that they (two words) are synonyms and can be used alternatively in this thesis.
1.7.4 Sharia
Sharia, according to Robinson and Davidson (2003:1289) is “the body of Islamic religious law”. Such a law is Arabic in nature. According to Muslims, the law is of divine origin. Thus, the source is from Koran, the holy book of the Muslims (Qoran/Quran). The Muslims believe that the book was composed of the true word of Allah as dictated by Mohamed. Gadsby (2001:1312) defines Sharia as “a system of religious law followed by Muslims”. It is clear that Gadsby’s definition of sharia tallies with that of Robinson. Conceptually, Emekwue (2000:14) described sharia as “the sole basis of the existence of a Muslim”. According to him, sharia is the ‘be all and end all’ of the life of a Muslim. This means that depriving a Muslim the right to live Sharia is tantamount to denying him his fundamental right. Sharia is the faith and life of Muslims. The faith of Islam is that every other person who is not a Muslim is a non believer (an infidel) (Sunna 2:23-24). Sharia embraces spiritual, moral and social life. Hence, it also controls the governance of the Muslims. For strict Muslim, there is no other law except Sharia. It is supreme. It is obligatory for all (Sunna; 2:2).
1.7.5 Canon Law
Robinson and Davidson (2003:207) and Gadsby (2001:185) defined canon law as “the laws of the Christian Church”. Canon law is therefore the embodiment of the laws that guard, protect and lead the Christians. The word Canon according to Nwabude (2008:29), is derived from the Greek word, “Kanon” which means standard rule or measure”. It embraces the regulations and directives of the Christian church. According to Stravinskas (1991:164), “The earliest Church laws were regulations, called Canons, enacted by territorial Synods or Councils of Bishops that met to discuss problems and other issues related to the Church and to propose solutions”.
The very important word here is that it is a set of regulations enacted particularly for Christian Churches. The law is not for all. It is not obligatory for everybody. It is for Christian religious denominations alone.
 
 
 
1.7.6 Culture
The word ‘Culture’ is etymologically derived from the Latin word-Cultus-habit or customs. Literally, this means that culture is the habit or customs of living organism. In a broad sense, Robinson and Davidson (2003:327) define culture as: “The customs, ideas, values, etc; of a particular civilization, society or social group, especially at a particular time.” Reflecting on the definition highlighted by Robinson and Davidson, one will not argue or think that culture almost embodies all the behaviours of man in the society. The definition extends to the life of the living being in a particular environment. For Gadsby (2000:330), culture is “the ideas, belief, and customs that are shared and accepted by people in a society”. In this particular definition, Gadsby brings into focus that culture embraces belief (element of religion) which is shared and welcomed by that group of people in that society (environment). This definition is more anthropological. A celebrated anthropologist, Mondin (1985:145), had a wider and wholesome view on culture. According to him, culture has three meanings and three principal parts: elitarian, (great quantity of knowledge) pedagogical (educational), and anthropological. The last – anthropological is the one which will be of much use in this thesis. Mondin (1985:146) stated: “culture signifies that totality of customs, techniques and values that distinguish a social group, a tribe, a people, a nation: it is the mode of living proper to a society”.
Mondin’s definition is “ad rem” to the conviction of Taylor. Taylor (1891:1) defined culture as “that complex whole which include, knowledge, belief, art, morals, law, custom and any other capabilities and habit acquired by man as a member of society”. In this definition, beliefs and morals are major products of religion. In cognizance of the above definitions, one can state that culture is an integral part of every society. Culture gives each society its particular identity. It is that by which each society is known and identified. To be precise, according to Onwudinjo (2003:5) culture embraces: “religion, habit, customs, language, behaviour, art, way of dressing, eating habit, belief, knowledge, law, etc”. The most important concept in this analysis is that religion has a large part in culture.

PROBLEMS AND PROSPECT OF FINANCIAL CONTROL TOOL IN NIGERIA

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CHAPTER ONE
INTRODUCTION
1.1       Background to the Study
Financial control as the name implies means the proper management and control of financial aspects, the efficiency effective and management of finance of the organisation.  The finance control and management law 1968 is designed for control and management for the public financial and maters connected there with and it stipulates under section 33 that the accountant general shall under to the auditor general accounts showing the financial position of the state at the end of every financial year and these include:
(a)        Statement showing the sums estimated to be received as revenue into the consolidated revenue fund and sums actually so received in the period of account.
(b)        Statement of assets and liabilities.
(c)        A statement showing the sums estimated to be issued out of the consolidated revenue fund and the sums actually so issued in the period of accounts.
So in every organisation or public sector, there is the need for financial control.
 
Almost all the workers in the civil services especially those involved in government financial operation and well acquainted with and an updated knowledge of the principles of financial controls.  Financial control is linked with financial planning.  This is not withstanding control parameter are outcomes of financial planning decisions.
However, systematic planning in itself requires a degree of control in terms of its process and procedures.  In most cases, government constitutes largest single business entity and in many places, the core of the economy.
Its pattern of expenditure or manner of resources allocation determines the extent to which accountability for economy, efficiency and effectiveness can be achieved.
 
Ugwoke (2005) opines that the Nigerian public sector is made up of the governments of the Federal, States, Federal Capital Territory, Local Governments and all their Ministries, Ministerial Departments and Parastatals.The public sector plays an important role in economic development. It provides services which the private sector may not be willing or able to provide. Chan (1988) argues that the public sector provides many essential services to society. It plays an essentially compensatory function; that is, it performs those functions that the market economy does not do efficiently or lacks the incentive to do at all.
Musgrave and Musgrave (1976), classify these functions as resource allocation, distribution of income and economic stabilisation.
 
In Nigeria, the various tiers of government perform these functions in varying degrees. Governments at all levels desire to deliver good governance to all their citizens. This is because good governance is an important factor in creating and sustaining an enabling environment for development (Asselin, 1995).
The importance of good financial management system in carrying out the functions of government has not lost its relevance. Based on this, the financial accountability of most countries is embedded in the Constitution to ensure the discharge of financial accountability. Oshisami and Dean (1984) remarks that in recognition of the importance of finance as a basis for political power, and the opportunities which absolute control offers for its abuse, control over public finance is divided. The division is formally recognised constitutionally.
In view of the enormous responsibilities placed on government for the welfare of its citizens, the public sector needs a lot of resources.
 

  • Statement of the Problem

The public sector performs an essential role in public financial management and economic development. The public sector is entrusted with public financial resources. It is therefore anticipated to stick to the utmost ethical standards, transparency and accountability to guarantee optimum utilization of scares public resources which could be actualise through a combination of individual professionalism, personal standards and a rigorous control framework (Chan, 1988).Safeguarding and control of public resources led to the institution of government financial control establishments, responsible for the monitoring of activities of government officials to ensure transparency and accountability in governance (Dauda & Kumanjock, 2015). To promote financial accountability in Nigeria, power over public finance is shared between the Executive (Ministry of Finance), Legislature and the Supreme Audit Institution or the Office of the Auditor General. They are statutorily empowered to harness all public resources for the benefit of the generality of the citizens. The question is, has the Nigerian Public office holders adhere to the principle of public accountability and voluntarily account for their activities while in office? These establishments have not been able to function effectively (Akinbuli, 2013).
It is observed that there have been reported cases of non-accomplishment of budget, budget disparity, budget indiscipline, poor or non-performance of budget and poor budgetary implementation (Olurankinse, 2013).
The budget is the legislative instrument of control over public funds. As good as our budget is, the performance of which can be measured in terms of accomplishment is nothing to write home about. Budget implementation is far from reality and the disparity between budget and its implementation are so wide and kept on abating as years pass by (Obara, 2013). Related to the issue just raised above, is the problem of spending without legislative authority. The checks and balances on public finance require that the Executive cannot spend without legislative approval. Even where voted funds fall short of requirements, the spending agency must apply for supplementary appropriations provisions and obtain legislative approval for such additional expenditure before incurring them. It has been observed that this requirement of the law is not usually followed (Olaoye & Ogunmakin, 2014).
 
The Executive arm of government which implements budgets is required to ensure that expenditures are properly covered in the relevant Appropriation Acts. Funds are meant to be apportioned to various spending departments based on their approved budget. It has been noted that public expenditures are frequently made on items not budgeted for, which of course means that such expenditure has no legislative approval. Once the budget has been approved, it is observed that funds are used for purposes other than those for which they were approved (Oke, 2013). This aspect of budgetary control is usually abused. We may ask, why should spending agencies fail to comply withincurring only legislative approved expenditure? With all these abuses, what has happened to the legislative oversight function?
 
Ehigiamusoe and Umar 2013, argued that legislative oversight committees have not been effective in stimulating Ministries, Departments and Agencies (MDAs) to the attainment of budget accomplishments and accountability. They argued that some legislative committees use oversight activities to intimidate rather than to encourage MDAs to perform at optimum levels especially in the areas of budget implementation accountability.This problem is assumed to have adverse effects on the performance of the Auditor General.
The performance of the Auditor General seems not to have ensured the successful execution of projects, neither has it done much in ascertaining that government derived value for money spent on projects in Enugu State. It is observed that the Auditor General is incapable of discharging the functions of his office which is constitutionally prescribed(Ijeoma & Nwufo, 2015).If this is true, why?
 
Furthermore, if the public accounts committee live up to expectations as per its functional role, why are the masses so perplexed about the prevailing condition of accountability of public sector financial activities and the rampant financial crimes across the country? Since we have by thelegislature, Public Accounts Committee, what impact does its function has on public accountability? If public sector accountability is ensured by public accounts committee through an audit process, why then do we have rampant financial crimes? In other words, in what ways public accounts committee influence public accountability and with what outcomes so far achieved (Pere & Osain, 2015).
The entire establishments of public sector financial control seem to have collapsed. Consequently, there are increases in the mismanagement, scandalous embezzlement, extravagance, wastage, misappropriation, contract abandonment, overprizing of goods/service, salaries padding, capital flights and all other sorts of corruption (Udu, 2013).
 
It is against these backdrops, which gave rise to poor economic and social development that this study sought to fill in the gap in the literature on the effectiveness of financial control establishments in promoting public sector accountability and how it can be used to enhance effective and efficient utilization of scarce public resources in Enugu State, Nigeria.
From the empirical review, the researcher observed that there issparse literature on the subject matter despite the importance of public sector accountability in sustaining economic development in Nigeria. Many researchers on the subject matter such as Dauda and Kumanjock (2015) who studied the efficacy of the Office of the Auditor-General of Nasarawa State in ensuring public sector accountability used only one statutory establishment of Public Sector Financial control which is Office of the Auditor-General. Also, Pere and Osain (2015) who studied the functional impact of public accounts committee on public sector accountability in Nigeria equally used one statutory establishment of Public Sector Financial control which is House of Assembly (Legislature). But this study used all the three statutory public sector financial control establishments in order to establish their relationships in promoting public sector accountability.as well as larger scope than the previous works on the subject matter.
 

  • Objectives of the Study

The main objective of this study is to evaluate the effectiveness of Problems And Prospect Of Financial Control Tool In Nigeria
Specific objectives include to:

  1. a) To know the extent of financial control and prospect of financial control in public sector
  2. b) determine whether the reliance of the Auditor-General on internal audit work influences his audit work in Enugu State, Nigeria; and
  3. c) examine the extent of legislative oversight function on State Audit performance in Enugu State, Nigeria.

 

  • Research questions

The research questions in this study highlight the main areas of concentration. Hence, making attempt to find answers to the following questions will help to clarify the relationship between public financial control Institution and sustainable development.
The questions of this research are as follows:

  1. What is the significance of Budget as an instrument of Legislative control over public finance in Enugu State, Nigeria?
  2. To what extent does the reliance of the Auditor-General on internal audit works influence his performance in Enugu State, Nigeria?
  3. What is the extent of legislative financial oversight functions on the performance of State Audit in Enugu State, Nigeria?

 

  • Research Hypotheses

Based on the explanations contained in the background of this study, we propose the following hypotheses:

  1. The public budget is a significant instrument of Legislative control over public finance in Enugu State, Nigeria.
  2. The performance of the Auditor-General is significantly dependent on internal audit work in Enugu State, Nigeria.
  3. There is a significant relationship between State Audit performance and the quality of legislative financial oversight functions in Enugu State, Nigeria.

 
 
 
 
 

  • Significance of the Research

Research on the public sector, especially on financial control and management is very necessary. It is necessary to carry out this study in view of the prevailing poor living conditions in Nigeria as a result of poor financial control.
 
The significance of this study derived from the effort to contribute to existing literature on the matter of public sector financial control. Furthermore, it proffers suggestions to improve on public financial management system with regards to enhancing economic development. Thus, the financial policy makers in public sector will find this study useful to set up a sound public financial management system to address the prevailing problems of economic recession in Nigeria. Hence, the study draws the attention of public sector administrators on good financial planning and control to extend sustainable development projects to the country as the only way to show good governance.
The academic community will benefit tremendously from this research. Other researchers may use this research to investigate further issues on public financial control.
The three formal establishments of financial control in public sector, that is, the Ministry of Finance, the Legislature and the Office of the Auditor-General will discharge their financial responsibilities effectively if the recommendations of this research are implemented.
 

  • Scope of the Study

This research evaluates the problems and prospect of inancial Control Tool
 
1.8 Limitations of the Study
Collecting data on public sector activities were difficult. Data that is meant to be publicly available is treated as confidential. Inquiries for data were viewed with suspicion. The researchers were suspected to be agents of opposing political parties. We were thus to be kept at arms’ length. Some Government officials refused to supply the necessary information probably due to their ignorance of the main purpose of this study.
We overcame these limitations by convincing them that the data were purely for academic purpose.
 
1.9 Operational Definition of Terms
Accounting
This refers to gathering, classification, analysis, communication, and interpretation of financial information aimed at aiding informed decision bordering on planning and control.
 
Public Sector Accounting
This is the process of recording, classifying and analysing financial information about government units and activities to be able to ascertain the amount of funds received, disbursed and balance left in such units and from such activities.
 
Budget
This refers to an estimate of revenue and expenditure for a year ahead chargeable to the revenue and capital accounts.
 
Public Financial Management
In the context of this study, it refers to the efficient and effective utilisation of public resources to meet the needs of the public in an equitable manner.
It shifts the emphasis from traditional public administration to public management. Public financial management systems permit greater flexibility of inputs and processes in return for greater emphasis on outputs and performance. Whereas the traditional public administration focuses on adherence and compliance with legislative appropriations, the Public Financial Management focuses on performance evaluation and result-orientedaccountability.
 
Corruption
This refers to the abuse of public office through the instrumentality of private agents, who actively offer bribes to circumvent public policies and process for competitive advantage and profit. Beyond bribery, public office can also be abused for personal benefit through patronage and nepotism, for example, the theft of state assets or the diversion of state revenues
 
Accountability
This refers to the obligation to demonstrate that work has been conducted in accordance with agreed rules and standards and the official reports fairly and accurately on performance results. Implied in the above definition are the indispensable roles of due process, transparency, and feedback in achieving accountability.
 
Control
The control comprises those elements of an organisation (including its resources, systems, processes, culture, and tasks) that, taken together, support people in the achievement of the organisation’s objectives.
 
Internal Control
This means the whole system of controls, financial and otherwise, established by the government in order to carry on their activities in an orderly and efficient manner, ensure adherence to government policies, safeguard public assets and secure as far as possible the completeness and accuracy of the records.It includes organisation, segregation of duties, physical controls, authorization and approval, arithmetic and accounting, personnel management, and management controls.
 
Financial Control
This is the sum total of the work, which guides, directs and interprets the budget cycle. It covers the activities of the Executive branch, involving finance and the ministries, the audit department and the legislature.
Financial Control Establishments
This refers to public sector statutory establishments that are responsible for ensuring effective and efficient control and utilisation of public finance. They include: Enugu State Ministry of Finance, Office of the Auditor-General of the State and Enugu State House of Assembly (Public Accounts Committee).
 
Treasury staff
This represents the Staff of Enugu State Ministry of Finance that are needed to provide necessary information and responses, as a result of their direct participations in the main activities of the establishment.
 
 
 
REFERENCES
Akenbor, C. & Oghoghomeh, T. (2011). Cash accounting system in the Nigeria public sector – A case study of Delta State Government. Proceedings of the International Conference on Social Sciences and Humanities, Universite Du Benin, 2 (6): 153 – 158.
 
Akinbuli, S.F. (2013). An assessment of accountability in the public sector in Nigeria. Arabian Journal of Business and Management Review (Nigerian Chapter), 1(3): 11-13
 
Akinola, K.O. & Asein, A.A. (1998). Resolving conflicts in budgeting and planning. The Nigerian Accountant. Journal of the Institute of Chartered Accountants of Nigeria 31(2): 34.
 
Anyafo, A.M.O. (2000). Public sector accounting. Enugu: Gopro Foundation Publishers.
 
Anyafo, A. (1996). Public finance in a developing economy: The University of Nigeria, Enugu Campus.
 
Asselin, R. (1995). Integrated financial management in Latin America, as of 1995. LATPSOccasional Paper Series. No. 18, September. Washington, D.C: World Bank Institute.
 
Chan, J. L. (1988). The Governmental Environment: Characteristics and Influences on Governmental Accounting and Financial Reporting. In: Apostolou, and Crumbley (eds.)
 
Dandago, K. (2008). The constitutional fight against corruption in Nigeria: Is it enough? Nigeria: International Journal of Government Financial Management -2008: 61-64.
 
Daniel, I.G. (2002). Management of public funds and the legal perspective. The Nigerian Accountant. Journal of the Institute of Chartered Accountants of Nigeria. 35(3): 20-23.
 
Dauda, I.A.& Kumanjock, S.N. (2015). An examination of the efficacy of the office of auditor general of Nasarawa State in ensuring financial accountability.  European Journal of Accounting Auditing and Finance Research. 3(4): 15-24.
 
Ehigiamusoe, U. K. & Umar, A. (2013). Legislative oversights and budget performance in Nigeria: Issues & Policy Options. IOSR Journal of Economics and Finance. 1(5).
 
Ijeoma,N. B. &NwufoC. I. (2015). Impediments of the audit function in the public sector: A critical analysis of the constraints of auditor-general for the federation of Nigeria. International Journal of Economics, Commerce and Management, 3(1)
 
King, D. T. (2003). Transition Period Summary ReportUSAID / Nigeria Economic Growth Activities Assessment. Arlington, VA: IBM Business Consulting Services.
 
Musgrave, A.R. & Musgrave B.P. (1976). Public finance in theory and practice (2nd ed.) New York: McGraw-Hill: 452.
 
Obara L. C. (2013). Budget preparation and implementation in the Nigerian public sector. Research Journal of Finance and Accounting, 4(16)
 
Ogbuchi, E.A. (1987). Evaluation of Modern Accounting and Auditing Challenges In:Amushie (ed.) Public Sector Accounting and Auditing, Lagos: C.P. Afro-Euro Consult Ltd: 136.
 
Oke. M.O. (2013). Budget implementation and economic growth in Nigeria. Developing Country Studies,3(13).
 
Olaoye, F.O. & Ogunmakin, A.A. (2014).Budgetary control and performance in public corporations in Osun State.IOSR Journal of Humanities and Social Science (IOSR-JHSS), 19(7): 59-62
 
Olurankinse, F. (2013). Poor budgetary performance: causes and implications for Development. European Journal of Accounting Auditing and Finance Research, 1(2): 53-66
 
Oshisami, K. & Dean P. (1984) Financial management in the Nigerian public sector, Great Britain: Pitman Publishing Inc.
 
Oyelakin, O. (2003). The Public service reform programme: A case study of Nigeria http://www.google.com/search
 
Pere, A. & Osain, O. (2015). Functional impact of public accounts committee on public accountability over financial crimes in Nigeria.  Journal of Poverty, Investment, and Development, 8(2)
 
Phillips, O. E. (2006). Current issues in the Nigerian economy: NEPAD, NEEDS & Others. .ICAN Students’ Journal, January/March: 4-7. Nigeria: Institute of Chartered Accountants of Nigeria.
 
Soludo, C. C. (2003).  Nigeria: Macroeconomic assessment and agenda for reforms.Enugu, Nigeria: African Institute for Applied Economics.
 
Udu, U. S. A. (2013). Financial impropriety in Nigerian governments: Restoring confidence in public sector auditing. Journal of Accounting and Contemporary Studies, 2 (1): 107 – 115.
 
Ugwoke, R.O. (2005). Public sector accounting, Enugu: Kinsman Publishers Ltd.

Public perception on the domestic violence in Nigeria

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public perception on the domestic violence in Life Camp, Gwarinpa Abuja
Abstract
 
This paper investigates the impacts public perception on the domestic violence in Life Camp, Gwarinpa Abuja. The study adopts the descriptive survey research design. The population of the study comprises of all men and women in Life Camp, Gwarinpa Abuja, Nigeria. Using simple random sampling technique, a sample of one hundred and seventy five participants was selected. The data collected was analyzed using the Cronbach alpha formulae for internal consistency reliability, coefficients of 0.85. The descriptive statistics; the mean and standard deviation were employed. Results showed public perception of domestic violence against women in Life Camp, Gwarinpa Abuja with the test value of 2.88. Domestic violence influences separation/divorce with a test value of 2.65. The psychological effects on women account for a test value of 2.78 and the physical health issues account for a test value of 2.99. Recommendations were made based on the findings that: Constant awareness-raising as a significant approach in responding to the issues of domestic violence against women should be encouraged by helping professionals. Assistance provision for victims, interventions measures with abusers and the proper interpretation of policies in response to the phenomenon.
 

CHAPTER ONE

INTRODUCTION

Background to the Study

Conflict is an inevitable phenomenon in human social life, this is because as long as people live together disagreement must arise, and this disagreement has been a major contributor to the rising incidence of domestic violence. Domestic violence is an aspect of conflict in human relations, since it reflects to a large extent disposition and temperament (Jewkes, Flood & Lang, 2015). People have seen conflict as a bad omen in the society because of the value attached to it, in the real sense, conflict as a concept and as a human phenomenon is natural (Dokpesi, Ibiezugbe & Obaro, 2003). Human reactions either encourage violence or discourages it, and humans possess a complex and unique biological make-up which makes them very rational, self- calculative and defensive (Fawole, 2003; Lila, Gracia & Garcia, 2013. With the infra-humans, man has the tendency to show some elements of self-centeredness, greed, jealousy, wickedness and hatred towards his fellow humans. Violence in its entirety has become a global phenomenon which has eaten deep into the marrow of the family and society as a whole, to the extent that it is sometimes not seen as a societal ill, but rather accepted as a normal occurrence (Osaghae & Iborbor, 2003). Hence domestic violence against women as prevalent all over the world represents violation of women’s rights and a major public concern (Arinze-Umobi, 2008).
 
Violence affects millions of women worldwide and it cuts across all geographical, regional, national, religious and socio-economic barriers, impeding the woman’s right to participate fully in the society. The World Health Organization (2007) revealed that between 15% and 71% of women and children in its 10-country study, which include nations as Japan, Ethiopia, Serbia, Montenegro and Brazil had experienced domestic violence. Moreover the widespread prevalence of domestic violence is not limited to a particular country or region; it is a global phenomenon. The survey conducted by the European Union Agency for Fundamental Rights (2014) estimated that an average of 22% of European women have been victims of physical and/or sexual violence and 33% of women had experienced physical and/or sexual violence across countries, since the age of 15. It is also instructive to note that though it is a global phenomenon, studies have shown that its prevalence in Sub-Sahara Africa ranks high even in comparison with levels in other developing regions (United Nations International Children Emergency Fund, 2006). Research on the demographic and health survey in Nigeria indicates that 28 per cent of all women in Nigeria have experienced physical violence (Oyediran & Isiugo- Abanihe, 2005).
According to the WHO (2015), domestic violence against women is violence; behavior, within an intimate relationship that causes physical, sexual or psychological harm, including acts of physical aggression, sexual coercion, psychological abuse and controlling behaviours. Jewkes (2002) substantiates that domestic violence is the inflicting of
physical injury, sexual, psychological or economic violence by a family member or intimate partner, irrespective of whether they lived together or not. To Okolo (2004), violence could be everywhere in the world today and violence against women is different from context, even though there have been great change overtime. Domestic violence can happen to anyone irrespective of the age, race orientation or gender (Onobumeh, Oronsaye & Oshodin, 2015), take a number of forms, including physical, emotional, economic, sexual, financial, neglect, which can range from subtle, coercive forms in self –defense or retaliation to marital rape and to physical violent abuse such as acid throwing that result in disfigurement or death (McQuigg, 2011).
 
Violence against women is a complex phenomenon that needs to be understood within the wider social context and within the social and cultural norms that permeate it (Jewkes, 2002; Flood & Pease, 2009). A growing number of researches have acknowledged the perceived role of the public about domestic violence and the responses towards tackling the phenomenon (Oyediran & Isiugo-Abanihe, 2005; Frye, 2007; Gracia, Garcia, & Lila 2009; Gracia, 2014). Research shows that these attitudes condoning violence against women are still widespread (Frye, 2007; WHO, 2015). The importance of addressing public attitudes towards violence against women is illustrated by an increasing body of research showing the influence that these attitudes may have in aspects such as incidence and reporting rates, public and professional responses and the victims’ own responses (Fawole, 2003; Flood & Pease, 2009; Aihie, 2009; Lila, Gracia, & Garcia, 2013). Given that domestic violence remains not only a social or public health problem, but a largely unreported misconduct (Gracia, 2014); the importance of addressing insolences towards domestic violence against women becomes even more visible. Hence, an in-depth of the public perception regarding violence against women could help gain knowledge of the contexts that contribute to its occurrence and the measures of intervention.
 
Domestic violence is not an isolated occurrence in families, but is broadly relevant to notions of risky family environment that may relate to children’s adjustment problem or negative pathways in children’s development. Domestic violence has significant effects not only on adult but also on children through direct exposure to it, changes in parenting, family relationship and multiple family problems such as parental depression & alcohol problems (Davies & Cummings, 2006; Aihie, 2009). Studies suggest that violent behavior often is caused by an interaction of situational and individual factors, which implies that abusers learn violent behavior from their family, people in their community and other cultural influences as they grow up, because they may have seen violence often or they may have been victims themselves (Obi & Ozumba, 2007; Gracia, 2014; Onobumeh et al., 2015;). No cause of domestic violence, however, justifies the actions  of the abuser, nor should it be used as a rationale for their behavior (Goldsmith, 2016). Whilst in response to domestic violence against women, this study intends to find out the public perception of the social and cultural influences that tolerate or justify the phenomenon.
 

1.2.    Statement of Problem

 
Domestic violence is a global issue reaching across national boundaries as well as socio-economic, cultural, racial, and class dictions. This problem is not only widely dispersed geographically, but its incidence is also extensive, making it a typical and accepted behavior. Its continued existence is morally indefensible to its cost to individuals, law enforcement, to health system and to society, is enormous (Arinze-Umobi, 2008). Yet no other major problem of public health has been so widely ignored and so little understood (WHO, 2007). It has serious consequences on victims’ physical health, including the women’s reproductive and sexual health (Alokan, 2013; Onobumeh et al., 2015). These include injuries, other health problems, temporary or permanent disabilities, depression and suicide amongst others.
 

1.3.    Purpose of the Study

 
The main purpose of this study was to find out the public perception on the effects of domestic violence  in the lifecam  city of gwarinpa, Abuja The specific objectives are:

  1. To examine public perception on domestic violence against women
  2. To determine whether divorce is an effect of domestic violence
  3. To determine whether depression is an effect of domestic violencen
  4. To determine whether domestic violence affects the health of women.
  5. To suggest possible solutions to the issue of domestic violence

1.4.    Research Questions

 

  1. What is the public perception about domestic violence against women in life cam, Gwarinpa Abuja?
  2. Does domestic violence against women influences separation/divorce?
  3. Does domestic violence influences psychological problems on women?

4.         Does domestic violence influences women’s physical health issues?

Workplace Communication Modes And Employee Engagement In The Fast Food Restaurant Sector In Bayelsa

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CHAPTER 1

INTRODUCTION

Globalization and International representation requires more dynamic workplace communication for employee performance(Quirke 2012; Gibson et al. 2012).Consequently, competition, competitive advantage and strategic communication steps should be taken by organisations to ensure organizational guiding principles, goals or objectives are well communicated to enhance healthy work place (Argenti 2007). The utmost importance therefore is recognising how communication improves organizational performance and international effectiveness (Thompson 2011; Kaufmann, Englezou and Garcia-Gallego 2014). There is no limit to the importance of workplace communication when well harnessed, yet there are challenging factors to its potency, such as, but not limited to prejudgement, organizational culture, stereotypes, hierarchy and control (Morgan, Gregory and Roach 1997;Wheatley and Keller-Rogers 1996).
Arguably, limited existing literatures on the subject topic demands attentionand the HR manager can harness its possible potency to the extent of delivering effective communication (Turner 2003; Wadman 2006). To this end, the researcher attempts an exploration study on the impact of effective workplace communication and feedbackas a major influence to business success(Donaldson and Eyre 2000;Turner 2003;Holtz 2004). Although, as an ongoing scholarly debate,communication becomes susceptible to usual generalizations that come to mind when it is discussed (Mumby 1997; Bailey 2015). In spite of international recognition, one may still not be able to ignore the fact that there is the possibility of subject topic subtleness (Levin 2012). Therefore, forthe research focus and dissertation word limit, this study does not intend to focus majorly on the I.T /virtual aspect of communication like the e-mail, voice-mail and social media angles (Turner 2003; Hatch and Cunliffe 2006). Although their 21st century representation may not be easily ignored in the discourse of workplace communication (Gibson et al. 2012).
The focus is neither on the linguistic aspect of communication where foundational but old ‘complex’ and multifaceted issues like the written communication comes to mind with  emphasis on clarity, credibility, content, context, continuity, capability and channels as postulated by (Shannon and Weaver 1949). Instead, the study will consider communication,essentially based on the exchange of messages through verbal or non-verbal languages (French 2010). Also, since an important aspect of workplace communication is negotiation (Guirdham 2011; Koen and Mason 2005; French 2010); if Nigeria’s workplace needs to succeed; it must understand communication as a formidable tool (Harris and Moran 2007).In addition to that, ccommunication is important to how lives are coordinated within an organization (Thompson 2011). Therefore, organizational strategies and HR strategies and policies should perhaps be termed incomplete without the incorporation of effective communication because the majority of organizational functions are communication oriented(Bailey 2015; Sparrow and Farnham 2012; Akkirman and Harris 2005).
Although, not all workplace issues may be communication based  and no matter how skilled the communicator, if the content is poor, communication may still not be effective (Guirdham 2005; Tange 2005).As initially cited in the proposal to this dissertation, the example of a failed campaign may not be blamed on communication alone; because in all sincerity, it could be as a result of ineptitude, weakness, lack of fund and no proper strategy as a politician rather than a communicator (Windahl, Signitzer and Olson 2008).Therefore, effective workplace communication must incorporate feedback as performance management indicator, aligning with organizational strategy and goals to cover every aspect of employee performance from the job design (Hellqvist 2011).
 

1.1 BACKGROUND STUDY

HISTORICAL NARRATIVE TRANSITION BEHIND WORKPLACE COMMUNICATION

Historically, workplace communication otherwise known as internal communication (Hayase 2009; Whittaker, Frohlich and Daly-Jones 1994)may be said to have experienced two major epochs. The pre-behavioural era recognises Carnegie who pointed the light on communication as relevant to business in the 1920’s(Hay 1974). The Hawthorne studies of 1927 on human relations make the second era which opened up industrial communication concern and gave information on employee struggles, employee communication model and interactions. The link between communication and human relations (employee relations) was led by the Harvard Graduate School of Business Elton Mayo (Redding and Sanborn 1964). As a result, theyargue that executive’s first duty is developing and maintaining communication systems through Barnard’s book ‘The functions of the Executive’(Bernard 1938). He did not only saddle management with communication duty, he also says the message must be understandable, aligned with organizational goal, incorporate employee interest and fit for employee comprehension psychologically and physically in order to be able to act upon it.
The historical transition of internal communication is perhaps incomplete without mentioning the military’s adoption in 1940’s of the trending potency of communication.  This may also serve as proof that effective communication is not limited to organizations alone. In order to prepare themselves for strategic positioning on war efforts which characterised the era; communication scholars intervened, who through evaluative studies successfully came up with newer theories on communication (DeFleur 1998). In the same vein, a new world of organizational communication between employees and management existed concurrently which defined communication as a two way line of function for information and persuasion (Heron 1942). By the late 40’s, a research that proved the importance of the major players of workplace (internal) communication as employees and management was published titled Effective Communication in Industry(Pigors 1949). Unfortunately, the internal communication model failed in the 70’s because of the changing and complex work environment which left employees behind (Holtz 2004).
By the 80’s, the modern research on internal communication had experienced changes in structure and function because it came through an approach that would tag employees along in an adaptive and competitive way to the dynamic workplace environment in-spite of its pressures (Argenti 1986-1998). These recent study concentrated on communication as an act together with transmission model and how that impactson employees; the result revealed there was a significant link between workplace communication and job satisfaction (Hunt and Ebeling 1983).In order to prove the modern theory came up with theDiscrepancy Theory which also corroborated and reiterated the initial assumption that a relationship existed between internal communication and employee satisfaction(King, Plosser and Rebelo 1988). Furthermore, the millennium studies ushered in the post modernist view of internal communication and one of such attempted a near perfect definition to effective workplace communication incorporating feedback by exploring with two High Street Banks; the result from the research included 6 outcomes corporate vision, job satisfaction, service focus, development, commitment and loyalty(Asif and Sargeant 2000).

1.2 STATEMENT OF THE PROBLEM

In qualitative research, the study is exploratory without generalizations; on the contrary, quantitative researches usually have already studied problem so there is an existing body of literature, theory and known variables in quantitative research (Creswell 2013).The purpose of this qualitative research however, explores the level of effective workplace communication and examines the role of feedback from line managers or HR managers to employees and the factors that affects their performance in the long run within Nigerian banks. The study design also accommodates the relationship between effective communication, organizational culture, job-satisfaction, engagement, psychological contract, employee empowerment, employee motivation, appraisals, rewards and performance management by analyzing the significance of feedback on communication together with its proposed impact on employee engagement. For the purpose of this research, workplace communication and internal communication are used interchangeably to mean communication that occurs within the organization (Hayase 2009; Whittaker, Frohlich and Daly-Jones 1994).
Previous studies relevant to research field have focused on effective change & interpersonal communication which considered intercultural differences as gender inclusive communication style (Rucker and Gendrin 2007), performance management that refers to  organizations as strategic which manages cultural diversity effectively (Aghazadeh 2004), organizational communication that attempts to guard against communication overload(Goris, Pettit Jr and Vaught 2002) , workplace feedback where a conducive organizational  environment may enhance employee performance (Eklof and Hagberg 2006); Communication and sustainability, advocating the need to widen awareness on sustainability issues(Burgress, Harrison and Filius 1998), gender communication differences in the workplace that argues dichotomies between male and female managers(Wilkins and Andersen 1991), internal communication and employee engagement possible link investigation(Hayase 2009).
Also, the researcher supports the argument that recent studies on subject area are at least five-ten years old as confirmed by(Thompson 2011), whose later work on effective communication was eight years from the previous; with the exception of John Brattonwho re-introduces communication in his latest edition of Organization Behaviour,although within a chapter(Bratton 2015). Similarly, lack of sufficient scholarly consideration, reveals the need to fill the gap by attempting to propose solutions through the investigative study(Bailey 2015). Furthermore, the issue of effective communication to the research location (Bayelsa) is very important ranging from, but not limited to its usefulness for public accountability and transparency as one of the major corporate communication challenges(Makinde 2005; DiStaso 2010; Thoger Christensen 2002), to crisis communication and management (Fearn-Banks 2010).

1.3 OBJECTIVES OF THE STUDY

Research purpose is to explore Workplace Communication Modes And Employee Engagement In The Fast Food Restaurant Sector In Bayelsa
The specific objectives:

  1. To explore what constitutes effective communication
  2. To investigate the role of feedback in relation to effective workforce communication within fast food restaurant in
  3. To research possible challenges to effective communication within fast food restaurant in Bayelsa
  4. To look into the impact of effective communication on employee performance in fast food restaurant in Bayelsa

1.4 RESEARCH QUESTION:
What constitutes effective communication in the workplace?
What is the role of feedback on employee performance within the organization?
What are the possible challenges of work place effective communication?
What is the impact of effective communication on employee performance in the fast food restaurant sector?
1.5 SIGNIFICANCE OF THE STUDY
Arguably, organizational communication may be a popular topic, there seems to be limited study on workplace effective communication and feedback (Drafke 2009).Therefore this study intends to draw attention to effective communication by ascertaining to what extent feedback from line managers or HR managers make workplace communication effective on employee performance. Also, with this study, an attempt is made to promote the feedback culture. Furthermore,shiftingthe research attention to fast food restaurant sector as a possible new area of study thereby, emphasising timely  and constructive feedbacks particularly Bayelsa where workplace communication maybe majorly top-down instead of upwardor even horizontal (Quirke 1995) .This may foster  a better communication process and indirectly boost employee performance(Drafke 2009).In addition, this helps to gain a better understanding of prevalent styles and types of communication that entails within the Nigerian banks, not limiting individual perception of what workplace effective communication should be

1.6 DELIMITATIONS

The Workplace Communication Modes And Employee Engagement In The Fast Food Restaurant Sector In Bayelsa is the researcher’s focus for this study. Attempts to investigate the extent to which employee engagement is enhanced or boosted by communication are major areas of investigation. As earlier stated, studies have shown a link between workplace communication and research themes. Data collected will help the researcher reiterate on this through an explorative study.

1.7 Research methods

Methodology has been considered by various scholars to be among the remarkable determinants of a credible research (Maylor and Blackmon 2005; Bell 1999; Saunders and Lewis 2012)although, mixed method might be justifiable, because of discovery validity drawn upon merits and diminishing limitations of the qualitative and quantitative techniques (Marshall and Rossman 2014). However, given, qualitative research as a less structured format connected to an in-depth exploratory study, where the opportunities for ‘quality’ responses exists; as against the quantitative method which is an experimental social science, quantity oriented statistics in nature through testing for hypothesis (Braun and Clarke 2006;Biggman 2012; Flick 2013) , only qualitative method shall be used to analyse both primary and secondary data for themes, codes and patterns.
 
Arguably, methodological approach that deals independently with researches in organizational behaviour might have little consideration in the management literature (Edmondson and McManus 2007); yet, the study and research on organizational behaviour is a broad field with contestations and contentions (Edmondson and McManus 2007). It is ostensibly supported by authors who challenge it as viable, but the flip side of the argument is either that it is seemingly ‘too complicated and vast’ or that theories on it are quite young and as a result, the expected mix that characterises newness can still be actualized; nevertheless, developing areas on genuine organizational and workplace issues like effective communication to improve employee performance and boost motivation or employee job satisfaction may not be overlooked  (Hatch and Cunliffe 2013). The conceivable synthesis of this scholarly world views could essentially mean organizational behavioural theories are too broad to be stream-lined into a single narrative (Tsoukas and Knudsen 2005).
The qualitative approach chosen suits the semi-structured narrative interview which will be conducted so as to get an insight into the theme.  The theoretical framework applied to this study was grounded theory because the theory supports the themes elucidated upon in the study. Even when survey can be a useful way to conduct research on the impact of communication within the workplace (Creswell 2013).Interviews are descriptive, detailed and not regimented (Pickard 2012).Although, scholars have also identified the human consideration of the data to be a problem of emotions (Silverman 2010). Its analysis can be very procedural, time consuming and tiring, however, a semi-structured interview gives a freer enablement (Yin 2003; William 2011; Pickard 2012). As a result, interview questions were constructed in line with research objectives, questions and literatures(Bryman 2006;Patton 2002). Banking professionals were interviewed as authorities in the subject area.
One interview session served as pilot study to test the data instrument and check with secondary data. This also helped to see need for adjustments to be made on some of the questions and time of interview (See Appendix A for pilot interview and adjustments). The subject topic constituted major aspect of the question asked, whilst, researcher looked out for the frequencies and continuous occurrence of proposed themes as they resurfaced in the responses. Although the research method has its demerits, the advantages of research method outweighed its demerits (Pickard, 2012; Bryman, 2006).

LECTURERS PERCEPTION OF FASHION REFORM AGAINST SKIMPY DRESSING AMONG STUDENTS

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lecturers perception of fashion reform against skimpy dressing among students of ekiti state university , ado ekiti

ABSTRACT

While some university authorities argue that mode of dress is an important factor in determining student’s success of failure and should thus be subjected to rules, orders especially in the humanities and social sciences remains uncounted. Realizing the evil effect of the vice of indecent dressing, this study is targeted at finding lecturers perception of fashion reforms in higher institutions.
          To achieve this, a simple random sampling technique was adopted to select 120 lecturers from department in Ekiti state university as respondents. The method used for collecting data was questionnaire.
          The data collected was analyzed using frequency count and percentage index and simple methods tools to test the formulated hypothesis.

CHAPTER ONE

INTRODUCTION

  • Background of the study.

Among the three main basic need of man, clothing stand to be admirable in all admirable in all societies. There is probably no sphere of human activities in which our values and lifestyles are more clearly rejected than the clothes we wear. Kelechi, (2009) stated in every group religion occupation or community. There are certain accepted standard of dress considered right proper and appropriate. He maintained that in a group there are some social norms which govern the clothing behaviour of that group.
Ezinwo (2002) argued that it is one’s husband, wife or medical personnel that are allowed to see these sensitive area for a woman, her breast, armpit, buttock and thigh are to be covered especially in public. For instance, it is considered a healthy practice to put on clothes that adequately cover some sensitive part of the body. The role played by clothing in stimulating or diminishing sexual urge is symbolic of the moral standard of a given culture. Indecent dressing that exposes the body especially in the part of female role attracts an undue attention from male which do lead to sexual harassment that at times leads to rape.

From experience Nigeria Universities are facing problems associated with indecent dressing among the undergraduates on campuses at on unprecedented rate. Ebonughu (2004) reported that some of the universities have implemented dress code to counter the ills and to improve the quality of education. Dress code in Nigeria is not new. Religious groups government workers, banker, nursery/primary and secondary school students, marriage and burial ceremonies all have dress code.
Kube (2003) Olori (2004) Edukugbo (2004) lamented that most of the female undergraduates students have shifted from the socially approved mode of dressing to offensive and provocative styles.
Abube, (2002) and Ezinwo  (2003) are of the opinion that very skimpy skirts, short thigh blouses that exposes the stomach, ting blouses, and tops are some of the crazy undergraduate dresses. According to them, these crazy dresses are copied from foreign culture. It is observed that these undergraduate dress in such a way that they have nothing for imagination of their beholder and through their dressing the willingly or unwillingly subject themselves to opposite sex including students, lecturers and visitors to various forms of sexual embarrassment.
As madness is creeping into the universities in leaps and bands the question that comes to mind is to know their parents views on this situation.
Ezinwo (2002) and Abube (2002) also wondered if these undergraduates received adequate clothing from their parent and weather they are in the right frame of mind when they are putting on those dressing design. Akorede (2009) stated that tertiary institution as citadel of learning have great interaction with the government, parents, undergraduates and the public. He further stated that by the end of completion of the student programme in the university, the graduate should be found worthy in character and learning. To this regard, the universities are delegated with the responsibilities of maintaining an effective and  orderly environment conductive for teaching and learning.
Ebonugwo (2004) and Edukugbo (2004) reported that the following universities have implemented dress code.

  • Bayero University Kano (BUK)
  • University of ilorin (Unilorin)
  • University of Maiduguri (Unimaid)
  • Usman Dan Fodio University. Sokoto
  • Enugu State University of Technology
  • Federal University of Technology Akure (FUTA)
  • Olabisi Onabanjo University (OOU)
  • Ekiti State University (EKSU)
  • University of Lagos (UNILAG)
  • Lagos State University (LASU)
  • Kwara State University  (KWASU)
  • University of Ibadan (UNIBADAN)

 
Statement of the problem
Fashion reforms or dress code are lay down regulations to be strictly followed by the students. Kayola (2007) noted that institutional arrangement require certain norms know as the code of conduct of dressing designed by the good dressing habit.
Damilare (2005) observed that our value has broken down completely and so adult and youth alike act without moral scruples. The general emphasis in the focus is the lecturer’s perception of fashion reforms against skimpy dressing among students.

This study stands to reveal the reception of lecturer on fashion reforms in various higher institutions in Nigeria. This study will be in no doubt expose the acceptability or reflection of this reform on the part of lecturers who have interest in the students bahaviour before and after the reforms. This is because the lecturers stand the high chance of giving the advantages and disadvantages of the reforms.
Purpose of the study
The main purpose of this study is ascertain the opinion of lecturers on fashion reforms and its relevance  as prescribed and implemented by some Universities in the country and their contemporaries. Specifically thus, study clearly from lecturers on their opinion on.
The importance of fashion reform to undergraduate students that is dressing putting on for protecting man against the effect of weather and to cover our nakedness.
The characteristic features of the clothes banned on an individual in the societies.
Why the banned clothes should not be worn university campus
The general perception of female lecturers on fashion reform in high institution.
The general perception of male lecturers on fashion reform in high institution.
 
Research Questions
The following research questions are raised to guide this study
The study was carried out to provide answers to these questions

  1. Were the student‟s adequately aware of Fashion Reform Against Skimpy Dressing In The university?
  2. What Was The Perception Of The lecturers on the fashion reform?
  3. What informed or influence their perception to the Fashion Reform Against Skimpy Dressing?
  4. What are the consequences of the above to the students and the institution as a whole?

Significance of the study
In Nigeria, education is seen by many as to acquire the good things of life.
The result of this belief manifested itself in massive vices in higher institution, which includes wrong dressing habit by students especially the females to attract the male lecturers for mark bonus.
To this regard the research would be useful to the various stakeholders in the field of education.
In other words, it is significant because will provide not yet discovered on the need for fashion reform in our higher institution. It will further be if tremendous guide to students themselves.
The lecturers, institution, authorities, parents ,and government through counseling intervention strategies . Moreover the study will be of tremendous help and foundational group for any researcher who intends to study more on the topics that may be related to this study.
 
Scope of the study
The research covers the opinion of the lecturer’s perception of fashion reform against skimpy dressing amongst students of Ekiti State University.
 
1.8     Definition of terms (Operational Definition Of Terms)
The following terms are operationally defined in the context that they are used in the study.
Dress code:– An obligatory way to dress a set of requirements as to know how people should dress.
Perceived:- To understand or interpret something in a particular way.
Skimpy:- Hardly adequate made or done using barely enough of the materials.
Indecent:- Offending public moral standards especially in sexual matters .
Undergraduates:- Students studying for First Degree Higher.
Institutions:- Education that generally begin after higher school or secondary school usually carried out at the university or colleges

Contents

AN APPRAISAL OF THE REQUIREMENTS OF PROOF IN THE HEARING AND DETERMINATION OF ELECTION PETITION IN NIGERIA

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Election petition is the only viable and recognized alternative open to any person or party dissatisfied with the conduct of an election under our laws to ventilate his or her grievance(s). Over the years litigants/petitioners have continued to patronize the election petition tribunals/courts with minimal or no success as most of the petitions ended up being thrown out for noncompliance with the applicable electoral legislation or want of proof. What provoked this research was the need for an appraisal of the requirement of proof in the hearing and determination of election petition with a view to unearthing why it is a near impossibility to prove election petition anchored on some grounds. This research adopts a doctrinal method. Relevant legislations, textbook, literature and particularly case laws are explored for a good understanding of the requirements of proof under the Electoral Act, 2010 as amended. Although there is an attempt by the Electoral Act 2010 as amended to address the issue of time frame for hearing and determination of petition, it failed to address the age long agitation of technicalities in the dispensation of electoral justice. The requirements that noncompliance must not only be substantial but must substantially affect the result of the election and sundry other requirements of proof appear to be a clog in the proof of election petition. It is advocated that electoral umpire and judges should uphold substantial justice over and above technicalities. The requirement of proof of noncompliance should be made optional and a mid-course approach should be adopted in proof of corrupt practices instead of proof beyond reasonable doubt as currently practiced. The thesis contains more revelations and startling recommendations

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