THE DECISION OF THE SUPREME COURT IN HADA V MALUMFASHI1 ON THE ADMISSIBILITY OF THE EVIDENCE OF A RELATION IN ISLAMIC LAW: LEGAL MATTERS ARISING

Abstract

Trust has been described as a right enforceable solely in equity for the beneficial enjoyment of property the legaltitle of which resides with another person; or, a property interest held by one person at ‘the request of anotherfor the benefit of a third party’2. From this perspective, it may be difficult to see how the SJLGA created bysection 162(6) of the Constitution of the Federal Republic of Nigeria, 1999 (CFRN) could be an object of trust.Adopting the doctrinal research method, case law, newspapers, journals and internet-based materials would beused as this paper sets out to establish the trust status of the SJLGA, discuss states’ responsibilities over theSJLGAs, states’ violations of trust rules in administering these accounts. This paper recommends legalenforcement of the rights of beneficiaries of the SJLGAs in the interim and the scrapping of SJLGAs in the longrun.