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RESEARCH METHODOLGY

Course Outline

1. Definition of Research
2. General overview of legal research
3. Research topics
4. Writing the first chapter of a citation/dissertation
5. Writing the research work
6. Citation in Referencing
7. Bibliography
8. Written the preliminaries of the dissertation

Reference Material
1. A Kabir, a Manual of Law Dissertation
2. A.B. Ahmed, Introduction to Legal Research Methodology
3. Y. Aboki, Introduction to Legal Research Methodology
4. Ayua, Law and Research Methodology.
5. M. A. Adamu Reading in Social Science Research
6. Nigerian Association of Law Teachers (NALT) Uniform Formal and
Citation guide for legal research. Written in Nigeria.
7. Any relevant Internet Material on legal research methodology.

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LECTURE 1 NOTE

8th August, 2024.

INTRODUCTION

What is Research?

So many others have attempted to define what research is. For example, by the
definition in Encyclopedia Britannica, research simply means “to go around in
circles.”

Then, according to Mariam Webster's College Dictionary, it simply means

“investigation or experimentation aimed at the discovery and interpretation of
facts.”

By the Council of International Scientists, “research, is a class of activities

designated to develop or contribute to the generalization of knowledge.”

For Ayua, “research is a systematic search for facts or scientific experiments of a

principle or fact or any subject based on original and first hand study of authorities
or experiments.” It involves searching into a matter closely, it is carefully and
equally directed at discovering truths.

For Kabir, “research is a scientific method that is used in an equal over a problem
following logical designated steps aimed at coming up with some plausible issues
answers or solution.”

Legal Research Sometimes Termed as Research in Law.

This is research which is exclusively on the discipline of law as against other
disciplines. It involves the following:

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1. Investigating, Finding; and Gathering the Law or Laws that Govern

Factual Situations:
Research in law or discipline of law is solely on law. The first step towards
conducting research in law is to find out or source all the relevant laws on the issue.

It is these laws that will form the basis or bottom line for the research, because
whatever research is to be carried, these laws serve as the baseline.

2. Reading and Knowing or Understanding the law:

After gathering the law or laws, a researcher reads them and fully understands them.
The understanding should broadly cover the principles involved in the law. The
operation of the law, and the entire working of the legal system.

Reading and comprehending the laws for deeper understanding of them will enable
a researcher to analyze, appraise, critic all the problems relating to the understanding
of the law, administration of the law, interpretations of the law, utility or efficacy of
the law and how the law or laws are being enforced. This will bring him to his own
particular area of the research by fully understanding the problem and what is
required to solve the problem.

1. How Law should be Applied to Solve Social Problems:

With the relevant laws at hand which have been read and deeply understood, a
researcher will be able to provide the best interpretation through recommendations
on how the law should be applied or administered in other to solve its basic role.
That is, being an engineer for societal changes and a regulator of the general behavior
of the society covering wide range of family, politics, economics, environments,
settlements of disputes etc.

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LEGAL RESEARCH METHODOLOGY

It involves the step by step of conducting research in law. It includes the processes,
procedure, or manner of gathering the law and conducting the research and the way
and manner the laws which are called sometimes data or authorities are to be
interpreted and applied.

Ways of Conducting Legal Research

Conducting legal research may be broadly divided into two:

1. Normal legal research: By this type of legal research, a researcher is only

interested in finding out the relevant laws or the position of law with regards
to his daily or official activities involving law. This research work is not an
index. The interest of the researcher is mainly locating the law or laws so as
to know the position of law on the issue. This type of research involves giving
legal advice, writing legal briefs, writing court addresses, writing judgments,
and similar related issues. For example, finding out the relevant law or laws
on an issue or finding out the position of law or laws on an issues.
2. Academic Legal Research: Under this, a problem or problems come up
relating to the law. The Problem cannot be addressed unless an in-depth
research work is carried out. In this type of research work, the procedure of
conducting research work had to be followed. So also the approach may be in
many shifts and styles.

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LECTURE 2 NOTES
15th August, 2024.

WAYS OF CONDUCTING ACADEMIC RESEARCH

Academic research involves the systematic procedure using the research method and
tools of analysis in order to find out a solution or some submissions to identify the
research problem/problems. Some of the approaches are the followings:

1. Appraisal of the law: This involves sourcing the law or laws, analyzing it on
a factual problem with a view to determine the law. This may involve, analysis
of the law, examination of a legal principles, doctrines in order to see their
coherent, consistency, stability of the law or to find out the ambiguity, the
inbuilt weakness of the law or how the law works, or examination of the
principles that underlines the operation of the entire legal system. At the end
of the appraisal, the result of it will provide the basis for making suggestions
on how to make the law works properly.
2. Finding the Extent of the Position of Law: In some cases, a particular legal
issues might have been covered by so many provisions of law under different
statutes in order to find out the actual position of the law, a researcher will
have to source, examine, appraise all the provisions of the various laws on the
same subject matter and make suggestions on what should be done in order to
provide single legal provisions of the issue normally by recommending
harmonization of these laws. An example of these approach is on tax law as
there are several laws regulating similar issue. Another example is the Sharia
Penal Code of most states of Northern Nigeria on Islamic law of crime. Each
state has its own in order to have one Penal Code regulating Islamic law of
crimes, these Penal Code should be harmonized.

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Another approach is finding out the judicial attitude of a particular code on

the interpretation of a particular law. Courts of law deals with interpretation
and application of law. If there is a legal issue which a researcher wants to
find out the approach of the court on it, he sources some decided cases of that
court. After analysis of the cases, a researcher will be able to find out what the
court need on that legal issue. For example, what requirement and conditions
that must be fulfilled? The usual circumstances under which the law applies
etcetera. An example of these approach to legal research is where a researcher
wants to find out the requirements of a wife to nafaqa (maintainance), such a
researcher will pick a Sharia Court of Appeal of a State, source some cases
decided by that court, analyze them, and the result of the analysis will reveal
those conditions.
3. Case Review: Case review by academic research and decided case can be
reviewed. In reviewing a case, all the issues involved such as the due
application of the law by the court, the entire judgment of the court the
holdings of the court, principles, rules, doctrines, requirements, conditions,
ratio (reason for the judgment) and any other thing can be reviewed. After the
review, the researcher may be able to see on how the court treated these issues
and the researcher can point out the due compliance of the law in that case.
Case review or case study is done on the decisions of the Court of Records.
4. Gathering Scattered Laws in One Piece (Document): Sometimes an issue
or a subject matter may be regulated by different laws and statutes. A
researcher will gather together all the scattered laws from the subject matter
in one place. After the research work, the research will provide a compendium
of the laws of that issue. Examples of this the laws regulating Economic and
Financial Crime.

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5. Law Review: This approach of legal research involves the law itself (unlike
what we have on case review). A researcher may take any theory of law,
judicial decision, legislations, principles, and similar legal issues. A
researcher will try to find conflict in them and provide solutions to avert such
conflicts. A researcher may discover that such law, principle or doctrine is not
in tandem with the real happenings on the ground. A researcher may discover
that the law, or such issues related to the law are inadequate to serve the
purpose or purposes of the law. A researcher may discover some fundamental
errors in a judgment in this related issues, the researcher provides concrete
suggestions on how to resolve such problems. In view of the importance of
these approach to legal research, some government at federal and state level
established law reform commissions.
6. Compiled Approach: A particular matter may be regulated by different laws.
In such a situation, a compiled approach of research can be adopted, the basis
of the comparison can be jurisdictional. E.g., Law of England and Nigerian
law. It may also be on the basis of the law itself. Example, a particular issue
might have been regulated by different regulations or by entirely different
legal system. E.g., Islamic law and Common law, Islamic law and customary
law, Common law and Customary law after examining the provisions of
different laws on the same issue. The researcher may be able to find out which
of the law is more comprehensive on the issue. Which of the law is more
practical on the issue, which of the law has provided the understanding of the
law on issue. At the end, the researcher may make recommendation on how
to address the problem. For example borrowing the better law on the issue.

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LECTURE 3 NOTE
21st August, 20204.

HISTORICAL APPROACH TO LEGAL RESEARCH

History is very crucial to the societal development so is law by this approach a
particular law or statute or any entire course or even the legal system itself as analyze
from the historical perspectives after the analysis. The researcher will discover the
Historical antecedents about the law the course or the entire legal system. The
analysis will reveal whether the same antecedents are applicable or related to
relevant to the existent realities on the ground base on the outcome of the research
work. The researcher will make recommendations on reveal the law, the cause or the
entire legal system in other to make them relevant to the realities on the ground
(mischief rule).

Finding the Validity of Contemporary or phenomenon society are not strength they
are dynamic event and happens continue occur in any given society. New
phenomenon and imagine how others are dying away. Law is a means of social
engineering has to provides solutions and status of the new and imagine
phenomenon. If an event happen in a society, a researcher will examine the event
and situate it with the existence law in other to find out the legal status of that event
if the existing law regulates the event that is alright, but if not the researcher will
find out the validity or otherwise of such event.

Phrases like limitation of the law, subjecting the issue to legal permissibility and
constrain are used in conducting this type of research. For example in 2000, some
northern state embarked on administration of Islamic Criminal Law on the Muslims
of their state. Serious argument by the opponents emerged that all the constitutional
permissibility of such project when Nigeria is practicing constitutional democracy
with the constitution as the Supreme and overriding law of the land and by the

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provision of section 10 which prohibits the adaption of any religion as a state

religion. Scholars come out with the result of their research work that by the division
of powers provided by the constitution, state government have legislative powers to
establish courts in their states of whatever name and to promulgate a penal code
containing whatever purpose of the law.

In Islamic law, this type of approach to legal research is imperative because there
are daily new happenings in the society which the Islamic law has to decide. By its
nature, Islamic law has its inbuilt mechanism of addressing these challenges. This is
through the utilization and application of its secondary sources otherwise termed as
igtihad with its various classifications into Qiyas, Ijma, Maslaha al Mursala and the
rest and now Maqasib ahsaria. For example, through this approach, Islamic law is
able to find the legal status of various method of family planning, surrogacy, and
commercial transactions through ICT, Islamic banking and Finance, Crypto
currency as it is trying to find out the legal status of artificial intelligence (AI).

DISSERTATION TOPIC
This is the starting point of conducting research. A suitable topic must be developed
before a research work is permitted. Research topic is about the area of the research
work. It is imperative that a topic is prompted or ignited by the personal passion or
interest of the researcher by the current happenings in the society or by what was
personally affected by the researcher or by the need to develop the law and by what
other reason.

The other requirement is the area of the research where the topic is drafted must be
researchable i.e., there must be a legal problem which cannot be solved except by
conducting a research work of that nature.

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Another requirement is the legal problem in the area. This can only be resolved or
addressed through an in-depth research work.

The topic should cover all the issues relating to the area of the research work. The
topic should be on current happenings so that after the research work, the result will
help in adequately regulating the happenings in the society.

The words used in the topic should be plain and not ambiguous. Plain in the sense
that, any person reading it can easily comprehend them. In other words, make the
topic plain and simply. If there are latten words or Arabic words, after providing the
topic, such words should be in bracket. For example, an appraisal of a wife with the
right of maintenance (nafaqa) under Islamic law.

Another example is an examination of the requirement of a person to have the

capacity to sue (locus standi).

The topic should be able to summarize the entire contents of the research work. For
example, in the first example, the topic has clearly shown that the researcher intends
to analyze and provide all the circumstances and requirements which a wife must
satisfy before she is entitled to the enjoyment of her right to maintenance. While in
the second example, the topic suggests or provides all what a plaintiff must satisfy
in order to be heard before a court of law.

The topic should not be at variance (different) with the main content of the research.
For example a topic on nafaqa should not be acceptable while their main content of
the research work is on another thing else.

The topic should also provide the scope and limitation of the research work. In the
first example, the scope is clearly provided which is what a wife must satisfy before
she can be entitled to the right of maintenance. While in the second example, the
scope shows that not everybody or every person can approach a court of law and to

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be heard either in civil or criminal matters unless he satisfies all the requirements
evolved by the doctrine of locus standi.

The topic should include the approach of the research work. Sometimes it is called
the action word in the topic. While the first action word involves appraisal, while the
second one is examination.

Lastly, the words in the topic should not be more than 25 ordinarily

LECTURE 5 NOTE
4th September, 2024.

SOME GUIDELINES ON WRITING DISSERTATION

Before embarking on writing a dissertation, the following should be taken into
consideration:

1. Extensive Reading in the Area of the Research Work: The reading should be
comprehensive to convey the central theme of the research work. This will
enable the reader to fully understand and comprehend all issues directly and
related to the problem and that will enable him to analyze, appraise or
whatever type of research work he embarks upon. It is not allowed to conduct
the research work in terms of reading and gathering of materials based on each
chapters of the dissertation. This will surely lead to confusion in the research
work as the dissertation is being conducted, the researcher should watch out
the development on the area on the problem of the research work. This is
because, law is dynamic, and it is being reviewed after times. For example, a
dissertation or research work maybe on a particular legislation or law. At the
beginning of the research work, that is the position of the law. Before
concluding the work, that particular work is amended or reviewed. This will

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surely affect the research work in which case the researcher has to review his
work in order to catch up the reviewed position of the law.
2. An academic research work is to be authoritative: This means that the
researcher should gather together allot of relevant authorities in terms of
textbook, journal articles, paper presented at seminar and conferences. Such
authorities should also be current.

While writing the dissertation, you are to be guided by the following hints:

a) The language of the dissertation: It should be standard, bringing into

fore/bear all the skills of writing full English i.e., how to use tenses, adverbs,
idiom, metaphors etc.
b) The skills learned in legal writing should be used and apply while writing the
dissertation. In order to make the language very standard and academic which
should distinguish it from the ordinary writings.
c) Spellings: Usually, there are two types of standard spellings; British type and
American type. This is because of the Computer system. Some of them have
British English spelling type while others have America. A researcher is to
choose one of them and to remain consistent throughout the dissertation. Since
Nigeria is a colony of British and the legal system in operation is British, the
British style of spelling may be preferred.
d) Use formal Language: This is because dissertation is a formal document, so
all the formalities should be followed while the informalities are to be
avoided. This is important because of the influence of social media.
e) Dissertation should be a document written with confidence and with cogent
and convincing authorities and arguments. Meaning all element of doubt
should be avoided; use standard argument understand by them. This will show
that what you are saying is true and you will want to convince the reader.

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f) While writing the dissertation, proper conjunctive words should be used in

order to connect a broker issue or argument. For example, while writing on
the right to fair hearing, after siting the relevant provision of the constitution,
and a writer want to connect the relevant of the provision to the dispensation
of justice, such connective words like: moreover, or additionally and the likes
can be used. For example, in addition to the constitutional requirements,
parties standing before trials who do not understand the language of the court
will fully comprehend the proceedings so as to afford them with the
opportunity to make their defence. In other words, you can use in the first
place, second place. You can also say, in relation to this, in the same vain, in
the same breadth, in the same token, more so, moreover etcetera.

 The other side of writing

This is when the writer shifts position providing contrary arguments or authority in
the dissertation. This is what is called disjunctives. Suitable words should be applied,
for example, in another sense, on the other hands, contrary, unlike etcetera. Using
the same example of fair hearing, you can say on the other hand, dispensation of
justice should not be squarely based on the provision of an interpreter. ‘However,’
is a very good disjunctive word, it only comes within the paragraph and not in the
beginning of the sentence or paragraph.

g) Avoidance of narration in dissertation: Using narration in dissertation, will

not produce a standard dissertation which will contain appraisal, examination,
subjugation, comparism of the issue.
h) Avoidance of Too Much Quotations: The purpose of authority which
include; law, opinion of textbook writers etc. is to only to provide the law and
the authority and not just to quote them unless where necessary, quotation

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should be avoided. If they are so relevant, they can be quoted under the
footnote or where the authorities are so important, they can be made as
appendix of the dissertation. Too much quotation is similar to narration. This
will not show that the reader is able to understand and use it as required by
the approach of his research work. For example, while writing on the
requirement of the right to interpreter in proceedings before the court, the
researcher only quotes the relevant section but now examine, appraise the
section in order to allow him to use it for the purpose of his arguments.

STRUCTURE OF DISSERTATION
A dissertation is to be broken into not more than four chapters:

a. Chapter 1: Chapter 1 is standard. It introduces the area of the research work,

the main problem of the research work and the methodology adopted in
conducting the research work in order to achieve the objectives of the research
work. It contains, issues relating to the background of the study, problem of
study, research questions, objectives of the research, methodology of research
and others.
b. The subsequent chapters before the last chapter: The first subsequent
chapters will contain the position and the statements of the laws and
authorities relating to the area of the research work. Before the last chapter,
the analysis of the work is done using the approach of the research work. It is
at this chapter that the researcher demonstrate his ability to use the law and
authorities from the approach of the research work to point out the problem
of the research work and the solutions.
c. The Last Chapter: Like the first chapter, the last chapter is standard, no
change. It is to contain a summary of the entire write-up or research work.
While writing summary main issues of the research work are presented or

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stated but the issues should cover the broad area of the research work, the
main problem of the research work and the result of the analysis of the
authorities. It is not to be done chapter by chapter. After summary, what
follows is findings of the research work. Under this, the main findings of the
analysis of the law and authorities on the problems are provided. They should
not be too many, they must have bearing with the central theme of the research
work. Issues not being discussed in the body of the dissertation should not
form part of the findings.

Recommendations should be made on how to improve the law or what is

needed to be done so that the problem or problems are solved.
Recommendations should be concrete i.e., everything to be apply practically.
Recommendations should also come directly from the research work.

NB: Don’t bring in any recommendation which is not part of the research work.
While bringing recommendation, make sure that they can be practically applied and
not based on assumptions.

d. Finally, a final conclusion: the dissertation should end by a final and brief
conclusion which will state the problems, the main findings and the main
recommendation. For example;

“By the provision of the constitution, fair hearing is a constitutional right. Part
of the fair hearing is for an interpreter should be provided. This right is so
important that where it is lacking, fair hearing is also lacking. Hence, the
dissertation concludes that where the accused does not understand the
language of court, an interpreter should be provided.”

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LECTURE 6 NOTE
12th September, 2024.

HOW TO WRITE CHAPTER ONE

Chapter one shall contain the following segments:

1. Background to the study;

2. Problem of the study/Statement of the problem;
3. Aim and objectives of the study;
4. Significance of the study;
5. Research methodology or the Research approach;
6. Scope of the study;
7. Conceptual clarifications
8. Literature review;
9. Break down of the research into chapters.

 Background
Background of the study is a broad introduction on the general area of the
dissertation and specifically on the identified research problem. It is supposed to
bring to light all the issues relating to the research problem so that an issue is made
which warrants conducting a research work on it.

While writing a background, it starts with issues relating to the area of the research
broadly coming down to the issue or issues which prompted the research work
making a case for conducting the research work so as to provide solution to the main
problem of the research work.

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Authorities may be cited in order to support the argument and issues relating to the
area of research and the problem identified which form the basis of conducting the
research work.

 The first point on the first topic is brief discussion of marriage under Islamic law.

The next is the essential elements of valid marriage under Islamic Law.

The consequences, the duties with particular emphasis to the right to maintenance.

 For the second topic, you will start with brief idea of fair hearing or general
discussion to the principle of justice.

The next is to discuss how these principles are enshrined in the 1999 CFRN, what
are the basis of fair hearing under the 1999 CFRN. Then you will delve into writing
it indepthly.

How can the defendant in criminal proceedings enjoy the right to an interpreter.

 Statement of the Problem

Under this segment, the main legal problem which the research work seeks to resolve
is provided. This is the specific area for which the research work is prompted to be
conducted. It is usually a brief on the main area of the research coming down to the
specific problem to the study.

Coming back to our research topics, the problem to the first topic is identifying the
circumstances and conditions in which a wife must satisfy before she can be entitled
to the enjoyment of the right of nafaqah. Something like this can be written:

“Islamic law provides the requirements for the formation of a valid marriage.
After a valid marriage contract, certain legal duties and rights follows: one of
such right is the enjoyment of the maintenance of a wife. Islamic law provides
the circumstances and condition upon which a wife is to enjoy this right. These

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circumstances and condition are not easily understandable without conducting

a research work of this nature.”

Now to the second topic, the problem of the topic is to identify the right of an
interpreter and its enjoyment by a defendant in criminal proceedings under the 1999
CFRN. You can put it this way:

“For the attainment of justice, certain natural and universal principles were
evolved. One of such principles is fair hearing. Fair hearing involves among
other things the right an accused person have to an interpreter. The
Constitution of the Federal Republic of Nigeria 1999 as Amended, enshrined
this right. There is the need to appraise this right and how it is to be enjoyed
by the defendant standing for criminal trial in Nigeria.”

This is the problem which this research work seeks to address.

1. How can the wife be entitled to the right of nafaqah

2. An appraisal of the right of an interpreter

3. What are the fundamental principle governing fair hearing

4. What are the basic principles of justice

5. How can defendant of criminal trial be entitled to the enjoyment of an

interpreter

 Aims and Objectives of Research Work

It is the purpose which research work seeks to achieve or what prompted the conduct
of the research work. Aim is normally written in a sentence and it's always

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determined from the topic and the problem of the research work. Usually what the
research work is out to do.

What is the Aim of the Research Work?

Example
1. The aim of this dissertation is to examine the right of a wife to nafaqah under
Islamic law?

2. The aim of this dissertation is to appraise the right of the defendant to an

interpreter under the 1999 Constitution of the Federal Republic of Nigeria.

Objectives are what must be done in order to achieve the aim of dissertation. All the
necessary things to do would be provided. The objectives like the research question
should cover all the issues on the general and specific area of the research work.
They should not include issues not so directly related to the research work and the
research problem. They are readily found from the research questions and each of
these. What is to be done in order to achieve the aims of this dissertation?

 Justification or Significance of the Study.

Justification means the relevance command, necessity or importance of carrying out
the research work. It also includes the benefits of the research work and the person
or institution who is likely to benefit from the outcome of the research work.
Justification or significant should mainly revolve around each problem and the
importance of addressing it by the research work

 Significance of the first topic

A wife of a valid marriage under Islamic law is entitled to certain rights. One of such
rights is to be maintained by the husband during the substance of the marriage for
her to enjoy this right, Islamic law sets out certain conditions to be fulfilled. The
significance of this research work lies on the examination. I will be bringing them

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clearly so that a wife can easily understand them and fulfil them or satisfy them in
order for her to enjoy them.

 Significance of the second topic

The attainment of justice generally and criminal justice specifically is important to
any given society one of such fundamental principle of Fair hearing is to accord the
defendant standing for criminal trials an interpreter where the court follows the
language of the court. The 1999 Constitution has incorporated a fundamental human
rights that is the right to an interpreter in such circumstance. The significance of this
research lies in exposing this right as provided by the constitution. The research work
is beneficial to all stakeholders of administration of justice generally and criminal
justice in particular.

LECTURE 7 NOTE
26th September, 2024.

TYPES OF RESEARCH METHODOLOGY

There are basically two types of methodologies for conducting research in law. They
are:
1. Doctrinal
2. Empirical:
3. A search methodology may also be adopted. This is the amalgamation of
doctrinal and empirical research methodology.

 Doctrinal Approach
Doctrinal approach to legal research is a common type to research methodology in
conducting a research in law. It is sometime considered as arm chair or black letter
approach or method of conducting research work. By this approach, a researcher in

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the comfort of library or nowadays through IT, searches for the authorities of data,
analyzing them, then applying it in conducting his research work. It is so called
doctrinal, arm chair or black Letter approach because the researcher do not go
outside in order to source his data.

 Empirical Approach
In the case of empirical, the data is sourced outside the library. It involves sourcing
the data through interview, statistical records outside the library, questionairs and
the likes. The data sourced from this and many other methods is analyzed and applied
to support the writing or the conduct of the research work.

Where a researcher uses doctrinal and empirical methodologies to write the

dissertation. With respect to empirical and a combination of doctrinal and empirical,
it is followed usually when the practical application of the law is involved. E.g. In
testing the utility of doctrines or principle of law or in testing the achievement of a
given law using its intendments as a yard stick in legal research, empirical alone
does not suffice because the base line of research in law is the law itself. So whatever
authorities are sourced outside the law must be tested by the law.

 How to Write Methodology

You will state the methodology adopted, provide what forms the data and authorities
of the research work. State how the data or authorities are going to be used in the
research work.

 From the First Topic

This methodology for carrying out research work is doctrinal.

What will be the authority and the way of sourcing them, how are they going to
apply?

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The data or authority to be used include primary sources of Islamic law covering
Qur’an and Hadith. Secondary data or authorities is also used which include the
opinion of Muslim jurists in textbook, journal and other means of sourcing the
information. The authority sourced are analyzed, applied in answering the research
questions, addressing the research problems and achieving the aims and objectives
of the dissertation or research work.

 Scope of the Research Work

This means the specific area or issues which the dissertation mainly covers. This is
because, any issue or issues taken to be the center or centers for the research are not
separated from other issues related to them. In order to bring the main focus of the
research work or dissertation, the issues being discussed are provided. A statement
is added that other issues related to them though not directly are similarly discussed
depending on the issues and approach to the research. The scope may be on the basis
of the subject matter of the research work, the coverage of the research work, the
period covered by the research work, the geography of the research and similar
limitations.

How do we write the Research Methodology for the two Topics?

 From the First Topic

So many rights and obligations arise after the formation of a valid marriage under
Islamic law. The scope of this dissertation is maybe on the right of maintenance or
nafaqa. However related issues on marriage, rights and obligations after marriage
have been covered although by passing references.

 From the Second Topic

Administration of justice generally and criminal justice in particular involves a lot
of principles. Fair hearing is among the principle. The 1999 Constitution has

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incorporated principles governing criminal trials. The main focus of this research
work is on the constitutional provision on the right of an interpreter for persons
standing criminal trial. This notwithstanding, some key principles on administration
of justice and on fair hearing will be mentioned in the research work were so
necessary.

LECTURE 8 NOTE
3rd October, 2024.

LITERATURE REVIEW
The literature for review are usually found in textbooks, academic journals, scholarly
papers presented at conference, seminar or symposium also thesis and dissertation
presented for the award of higher degrees. The online sources especially approved
data base held online such as: Lawnetl.com, Jester etc. which are some of the
academically approved data base.

How to do Literature Review

1. Identify the relevant authorities on the area of research work, analyze them in
order to show how relevant they are to the dissertation and show the areas of
the current dissertation which the previous literature has not covered

Example from the first topic, a researcher should make reference to the authorities
which covered the area. In the research of this nature, classical authority of Maliki
School is preferred, tufha, resalah, liyara. You can also use other family book.

NB: Primary authorities such as the Qur’an, Hadith and the 1999 Constitution cannot
be used as literature review.

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2. Show clearly that the literature review is only confined to certain areas and
the extent it’s relevant to the current research and that the authority did not
completely covered the current area of research work. In doing this, the name
of the author, And his initials then at the button of the page, full citation of the
authority with respect to all the authorities used in the literature review, and
his initials After citing all the authorities reviewed, a concluding remark is
made.

From the literature review, it has been shown that although it is relevant to support
the current research work, they have not however covered the area of the research
work. This therefore, leaves out a literature gap, dissertation bridges this gap.
Authorities or primary authorities like laws, provision of Quran and Hadiths are not
treated under literature review.

In the case of the second topic, the provision of the 1999 Constitution and all other
international conventions cannot be used under this literature review.

 Conceptual clarification
Where the area of the research work involves technical terms, phrases, principles,
doctrines and the like. Such matter or issues are dealt with under this segment. Such
issues are provided, explained and a statement on how they are being used in the
course of writing the dissertation. If there are so many glossary, they may be adopted
but this will come under the preliminaries. This component is optional depending on
how technical the area of the research work is.

 Chapterization
Under this, the number of chapter of the dissertation is provided. This is followed
by the discussion of what each chapter is contained. In doing this, in the first topic,

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thus dissertation is divided into four chapters. Each. Chapter discusses issues which
are related.

Chapter one deals with background, statement of problem, research questions, aims
and objectives. The chapter also discusses the remaining components comprising of
justification scope, literature review, and conceptual clarification

Please note, chapterization is to be in clause, it should be in sentence.

 Citation/Reference/Acknowledgment
These terms are being used to refer to the means of accepting or admitting the use
of the works, ideas, opinions, and authorities of other persons which appear in a
dissertation. A researcher inevitably has to make reference to the research works of
other scholars previously conducted on similar area. This is because, there is no legal
problem suitable to conduct research around it without previous authorities on it. No
research work will be allowed if or where research works have not been conducted
around it previously. A current research is only on improving on the precious
researches in the area. There are many ways of doing this. Example by improving
from where the precious researches stopped by limiting the scope of the previous
researches by continuing from the recommendation of the previous research or by
addressing a phenomenon which occurred after the completion of the previous
research as a result of the dynamics of legal system and the like.

References to the previous work is also necessary to support the writing of the
dissertation. They can be the authorities for conversing arguments arising at
conclusions and opinions and the like. Any dissertation with rich authorities from
the works of the previous researchers is regarded as more authentic and reliable. By
the ethics of research, a researcher is free and encouraged to make reference used
and adopt at the work of others conducted on similar area of research work.

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However, in spite of all these, whenever a researcher uses any authorities, which are
not his own, he has to acknowledge them. Even though used but are not
acknowledged. Failure to do this will make such researcher guilty of plagiarism.

Plagiarism means where a researcher uses the works of other in anyway and assumes
that the works are his without making proper acknowledgement of it. The offence of
plagiarism may fall under intellectual property law or for researchers, it may be
offense as defined by a given institution. For example, in dealing with any candidate
convicted of plagiarism is punished by explosion, or rustication. This is in addition
to the total rejection of the work.

FINAL LECTURES
10th October, 2024.

DOING CITATIONS

At the end of the last word of the authority referred to or used, and at the top provide
a number either in Arabic numeral or numbers and at the buttom of the same page
provide the same number and under it the full citation of the authority is provided.
Against that number. All the authorities used or referred to in the same page must be
accounted through this system of citation. The number on the authority should run
throughout the length and breathe of the dissertation.

While providing citation of any authority, the following information must appear:
1. Name or names of the authors.
2. Title of the authority.
3. Publishers of the authority.
4. Edition, volume, year and the page number.

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There are lots of citation styles being adopted in writing legal research. The most
popular being

1. The oxford standard citation of legal authorities: This system was developed
by the oxford university to guide the standard of citation in legal authorities.

2. There is also the Harvard style, sometimes called older days system developed
by Harvard university to guide the citation of legal authorities.

Others include:

3. Modern Language Association

4. American Psychological Association

Introduction of NALT Guide Citation

In Nigeria, before the commencement of NALT guide citation, APA, and Harvard
style were application. In order to help a uniformity of citation style in writing legal
research work, the Nigerian Association of Law Teachers (NALT) came up with a
uniform format of citation of legal authorities applicable to all the faculties of law
and legal research institutions in Nigeria. The guideline commenced in 2022. The
guideline is drawn from the OSCOLA citation style (Oxford University Standard for
the Citation of Legal Authorities) but authorized to take the Nigerian peculiarities
into consideration.

Citation of Secondary Authorities

On the citation of secondary authorities, this is how they are to be cited under NALT
citation guidelines:

1. Book: To cite a book, you will provide Name or names (of the author) as they
appear on the book but without any titled or prefixes (E.g. Dr., Prof, Alh. Etc.).
After the name, a comer (,) is made. This is followed by the titled of the book

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as it appears on the book. Then in bracket provide edition, venue, publishers

and the year of publication. The bracket is closed and the page or pages used
from the book.

Where the authors are two, then the names of the authors are provided. Then you
will add and. If they are more than two, the first two names are provided, there after
“and” is added. e.g., Mubarak, Nasir and others.

Consider the examples below:

Following the citation guidelines provided, here is an example of how to cite a book:

 Single Author Example:

- Smith, John, Understanding Legal Principles (3rd ed., New York, Oxford
University Press, 2018) p. 45.

 Two Authors Example:

- Johnson, Emily and Brown, Michael, Environmental Law and Policy (2nd ed.,
London, Cambridge University Press, 2021) pp. 67-72.

 More than Two Authors Example:

- Taylor, Sarah, Roberts, James, and others, Corporate Responsibility in Modern
Law (1st ed., Chicago, McGraw-Hill, 2019) p. 32.

This structure follows the guidelines by listing authors’ names as they appear
without titles, including the book title, edition, location, publisher, and publication
year, and specifying page numbers.

2. How to Cite a Chapter in a Book

Citing a chapter is an edited book. To do this, provide the names of the author, then
provide the titled of the publication then put a comer then write ‘in’ then provide the
name of the book then provide “ed” or “eds” (editor) then open a bracket and provide

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the edition/volume/publication and year of publication, laws, close bracket and

provide pages.

Consider the example below:

- Wilson, Amanda, Legal Rights of Indigenous Communities, in Human Rights and

the Law ed. Thompson, Laura (2nd ed., Cambridge, Cambridge University Press,
2020) pp. 120-135.

This structure includes the chapter author’s name, chapter title, “in” followed by the
book title, editor(s) designation, publication details (edition, location, publisher,
year), and the page range of the chapter.

3. Conferences
Conference papers are useful materials. In citing a seminar or conference paper. The
name or names of the presenters are provided. This is followed by the title of the
paper in simple quotation marks. It is then followed by a bracket where information
about the conference is provided. This should cover the organizers, the main theme
of conference, and then the date when the paper was presented. The bracket closes
and the page or pages where it has been used us or are provided.

Consider the example below:

- Adams, Sarah, ‘The Role of Technology in Modern Legal Practices’ (Presented at

the Annual Law and Technology Conference, organized by the International Legal
Association, "Law and Innovation," March 15, 2022) pp. 10-15.

This format includes the presenter’s name, paper title in quotation marks, conference
details in parentheses (including organizer, conference theme, and date), and the
relevant page numbers.

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4. Projects, Dissertation and Thesis

These are also very important as authorities to be referred to in the course of writing
a dissertation. They are authorities in the sense that they have passed the test of
standard of legal writing.

The format of citation is: provide the name of the candidate. This is called, of the
dissertation in quotation mark, bracket open, information about work is provided
stating that it’s a dissertation, thesis or project. In the purpose of it’s writing, where
it is submitted and the year of the citation, page or pages use are provided.

Consider the example below:

- Okoye, Chidi, ‘The Impact of Customary Law on Land Rights in Nigeria’

(LL.M Dissertation, submitted to the Faculty of Law, University of Lagos,
2021) p. 34.

This format includes the candidate's name, title of the dissertation in quotation
marks, type of work (dissertation), purpose (submission to a specific faculty),
institution, year, and relevant page number(s).

5. Journal
Journal article is also a very rich authority for making reference in conducting legal
research. Articles are reviewed by scholars and only appear in standard academic
journal.

In citing any authority from a journal, the names of the authors are provided. This is
followed by the title of the article in single quotation marks. This is followed by the
name of the journal in italics. This is followed by the year of publication of the
journal in bracket or in square. This is followed by the volume of the journal in
bracket or in square. This is followed by the issue in the journal in bracket or in
square. Lastly, the pages where the authority is referred to are provided.

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Consider the example below:

- Bello, Amina, ‘Judicial Independence and the Nigerian Constitution’

Nigerian Law Review [2020] (5) (3) pp. 45-60.

This citation includes the author’s name, article title in single quotation marks,
journal name in italics, year of publication in brackets or square brackets, volume
number in brackets or square brackets, issue number in brackets or square brackets,
and page numbers.

6. Articles from Internet Sources

These are rich authorities of reference in the course of writing a dissertation.
However, only recognized academic website address in angle bracket provide in
name of names of the authors of the article. The title of the article and the last date,
the article was accessed.

Consider the example below:

- Adeyemi, Funke, ‘The Evolution of Digital Rights in Nigeria’

<https://www.nigerianlawjournal.org/evolution-digital-rights-nigeria>
accessed 4 November 2024.

This citation includes the author’s name, article title in single quotation marks, URL
in angle brackets, and the date it was last accessed.

7. How to Cite Quotation

In dissertation writing, quotation are discouraged unless where necessary. Where a
quotation is not more than 3 lines, these are reported within the sentences of the
dissertation with quotation marks. At the last word of the quotation and after the
quotation marks, a citation indicates number is provided. Full citation of the

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quotation is provided against the same number of the citation indicating at the
footnote.

Where the quotation is more than 3 lines, the quotation is reported by indicating it
with the paragraphs or sentencing without the quotation mark on the top of the last
word of the quotation. The citation indicator is provided under the foot note. The
same number is replicated and full citation of the quotation is provided

Consider the examples below:

 Short Quotation (3 lines or fewer):

In the body of the text:

"The Nigerian judiciary faces significant challenges in maintaining independence."1

Check footnote…

 Long Quotation (more than 3 lines):

In the body of the text (w2ithout quotation marks):

The Nigerian judiciary, despite its foundational role in democracy, encounters

persistent obstacles. These challenges range from political interference to
inadequate funding, all of which compromise its independence and
effectiveness in upholding the rule of law.

Check footnote…

1
Bello, Amina, Judicial Independence and the Nigerian Constitution (Lagos, Law Journal
Publishing, 2022) p. 23.
2
Bello, Amina, *Judicial Independence and the Nigerian Constitution* (Lagos, Law Journal
Publishing, 2022) p. 23.

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This approach follows the guideline by using quotation marks for short quotes,
removing them for longer quotes, and placing a citation number for each, with the
full citation at the footnote.

8. How to Cite Islamic Law Authorities

Insert a footnote, then write Qur’an, followed by the surah or chapter of the Qur’an.
This is followed by full column and then the verses.

At the end of the last word as usual, provide the citation indicator at the top of the
work under the same number of the footnote, provide the citation of the hadith by
providing the name of the collector, the chapter where the hadith appears. If the
Muhadith are numbered, provide the Number.

While citing other authorities, use the same style of citation. In some cases, many
Islamic books have no year of publication. Where the year of publication is to be
provided, you and meaning not dated.

Consider the examples below:

In the body of the text:

Qur’an:

-The Qur’an emphasizes justice and fairness: "O you who have believed, be
persistently standing firm in justice."3

Check footnote:

3
Qur’an, Surah An-Nisa: 4:135.

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Hadith:

The Prophet Muhammad (PBUH) said, "Actions are judged by intentions."4

Check footnote:

This format places the citation indicator in the body text, with the full citation at the
footnote, specifying the Surah and verse for Qur’an citations and providing the book,
chapter, and hadith number for Hadith citations.

9. Bibliography
Bibliography contains all the authorities used in conducting the research work. It
may contain even authorities which have not appeared in the citations under
footnote. It is a rule that all the authorities which appeared in the dissertation and
which have been duly acknowledge under footnote, must appear under the
bibliography page of the dissertation.

Additional authorities may be included.

Bibliography should come at the last and new page of the dissertation with the word
bibliography written at the top center of the page. The authorities are written
alphabetically (A-Z). Where an author has written several books or articles, the
authorities should be reported chronologically or in sequence.

After using the first authority by the said author, his name needs not to be repeated.
All that is to be provided is - -( double m dash).

Using the name under bibliography is in reversing order. Surname name followed
by first name e.g. Muhammad M. A. instead of Muhammad Arsala Muhammad.

4
Al-Bukhari, *Sahih al-Bukhari*, Book of Revelation, Hadith No. 1.

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Page numbers are not provided under bibliography.

Authorities under bibliography are not numbered. Authorities under bibliography

may be classified. E.g. Book, Journal, Unpublished works comprises of seminars,
dissertation etc.

If you are making comparative analysis, you can provide Islamic law authorities
separately.

Consider the examples below:

Books:

 Brown, Michael. Introduction to Legal Studies. 2nd ed., Cambridge

University Press, 2015.

 — —. Advanced Perspectives in Law. Oxford University Press, 2017.

Journals:

 Doe, Jane. "Contemporary Legal Theories," Journal of Modern Law, vol. 23,
2018.

 — —. "The Evolution of Jurisprudence," Legal Studies Review, vol. 15, 2020.

Unpublished Works:

 Smith, John. Analysis of Modern Legal Systems. Dissertation, Harvard Law

School, 2019.

Islamic Law Sources (if applicable):

 Al-Jaziri, Abdul Rahman. Fiqh al-Madhahib al-Arba‘a. Dar al-Kotob al-

Ilmiyah, 2003.

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Key Points:

1. Double Em Dash: After the first entry by an author, replace their name with
"— —".

2. Alphabetical Order: List everything alphabetically, ensuring consistency in

names.

3. No Page Numbers: Exclude page numbers for all entries.

4. No Numbering: Do not number the entries in the bibliography.

10. Abstract
After completing the dissertation, an abstract is to be written. It is a summary, or
over of the entire dissertation. Reading it all the important component of the
dissertation will be seen. It will show the area of the research work, the problem of
the research work, the methodology followed, the result and recommendation of
dissertation.

An abstract should provide the following:

1. Main area of the research with specific research problem.

2. The methodology followed in conducting the research work.

3. The main findings of the research work and

4. The main recommendation of the research work.

Abstract is written in block paragraphs, in italics and single line spacing. It normally
appears at the last page of the preliminaries of the dissertation.

Consider the example below:

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 For the first topic,

Many consequences arises from a valid marriage contract under Islamic law.
One of such right is nafaqa. This dissertation use doctrinal research
methodology, examine the right of a wife to nafaqa. The dissertation found
that a wife under Islamic is entitled to be provided with food, housing, clothing
and medicine by her husband but base on his financial capability. The
dissertation recommend that husband should be providing this rights to their
wives.
 For the second topic
In Criminal proceedings, many principles have been developed which are
applied in order to provide fair hearing to all person appearing for criminal
charges. One of such right is the right to an interpreter where the defendant
does not understand the language of the court. A doctrinal methodology was
adopted. The dissertation followed that in view of this right, the 1999
Constitution has enshrined it and makes it a fundamental human right to be
enjoyed by any litigants or defendant standing criminal trial. In order for this
right to be fully enjoyed, the dissertation recommend that all those involved
in the administration of criminal justice should make it easily accessible to all
those who are entitled to it.
11. Preliminaries
The requirements of writing preliminaries are:

1. The title of the dissertation should be contained on a cover page

2. Followed by the name and registration number of the candidate at the bottom
of the cover page, the year which the dissertation is submitted is provided.

3. Inside the dissertation, the first page is allowed to be free (blank). It is called
the line page. The second page, the title is repeated the same way all other
things have been written on the cover page.

4. Towards the end, the purpose of the dissertation is provided. Example

A dissertation submitted to the faculty of law, Bayero University Kano, in partial

fulfillment for the award of degree of law in Bayero University Kano.

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This page is not numbered and all the characters are in upper cases. From the next
page the numbering start but in roman numerals. The first page is the declaration
page. This is where a candidates declares that he actually conducted the research
work, it is original and contains no plagiarism. Example

Idea by declare that this work is the project of my own research effort, undertaken
under the supervision of ____ (the name of the supervisor) and has not been
presented elsewhere for an award of degree or certificate. All sources have been duly
distinguished and appropriately acknowledged. This is followed by a space where
the candidate signed.

a. Certification Page
This is the page where the supervisor certified that he has duly certified the
dissertation and that the dissertation has carried out all the corrections and
recommendation made in the course of writing it. This is to satisfy that the
dissertation by the name and registration number of the candidate were carried out
under my supervision. This is followed by a page were the supervisor signed.

b. Acknowledgement
Under thus page the researcher will acknowledged and show gratitude to all those
who helped or contributed towards the successful writing of the dissertation. Such
person or bodies are mentioned

c. Dedication
Provide a page for dedication. It should be dedicated to someone you care so much
about.

d. List of Cases
Here you are going to provide all the pages you use in your dissertation. List of
cases differ from temple of cases

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e. List of Statute
The same rule applies as list of cases

f. Abbreviation
Here, each abbreviation you use, you will have to provide its meaning. E.g. if you
have been using CAMA you will have to provide the meaning.

g. Table of content
Here you provide the headings of each chapters. With their page numbers. This can
now be generated automatically computer.

NB: Abstract comes after table of content.

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