WHY DO NIGERIANS FACE DISCRIMINATION IN BENIN ???

The internal Act of Benin consists of various legislative and regulatory texts covering the main aspects of the human activity of the family law, property law, labour, criminal law, criminal procedure law, and the civil, commercial, social, and administrative procedure. The individual right and civil liberties of Beninese and foreigners are all regulated by this internal Act.

                                                                             

The introduction of the African Charter rights of man in the Basic Law of the country reflects the determination of the people to respect human and civil liberties. In addition to the introduction of the African Human Rights Charter, the Constitution of 11 December 1990 contains a title with 34 articles solely devoted to the "rights and duties of the human person".

Article 8 of the Constitution states that “the human person is sacred and inviolable." The State has the absolute obligation to respect and protect his citizen. It guarantees him a full development. To this end, it ensures its citizens equal access to health, education, culture, information, vocational training and employment.

Moreover, under the terms of article 26, the State must ensure that “all are equal before the law without distinction as to origin, race, sex, religion, political opinion or social position.". The men and, women are equal in law.

 

FOR LAW STUDENTS

To fully understand the law with respect to cases, you need to be able to read and understand court decisions. To make this task easier, you can use a method of case analysis that is called briefing.

There is a fairly standard procedure that you can follow when you “brief” any court case. You must first read the case opinion carefully. When you feel you understand the case, you can prepare a brief of it.

1.    CITATION

2.    FACTS

3.    ISSUES

4.    DECISION

5.    REASON

1.    Citation

Give the full citation for the case, including the name of the case, the date it was decided, and the court that decided it.

2.    Facts

Briefly indicate

(a) The reasons for the lawsuit;

(b) The identity and arguments of the plaintiff(s) and defendant(s), respectively; and

(c) The lower court’s decision—if appropriate.

 

3.    Issue

Concisely phrase, in the form of a question, the essential issue before the court. (If more than one issue is involved, you may have two—or even more—questions here.)

4.    Decision

Indicate here—with a “yes” or “no,” if possible— the court’s answer to the question (or questions) in the Issue section above.

5.    Reason

Summarize as briefly as possible the reasons given by the court for its decision (or decisions) and the case or statutory law relied on by the court in arriving at its decision.

        By Nana Arnold