APPRAISAL OF THE RIGHT TO DIGNITY IN NIGERIA
The right to dignity of the human person is one of the fundamental rights guaranteed under Section 34 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). It is a constitutionally protected and inalienable right, and is intended to safeguard individuals from degrading, inhuman, and humiliating treatment. Despite the constitutional guarantee and Nigeria’s commitment to international human rights standards, violations of the right to dignity remain prevalent, raising concerns about the effectiveness of its enforcement and protection. This research examines the right to dignity in Nigeria, unveiling the factors militating against its effective realization. The objectives of the research are to evaluate the constitutional and statutory provisions protecting the right, identify the challenges hindering its enforcement, and propose measures for enhancing its protection. This article adopts the doctrinal research methodology, relying on the analysis of constitutional provisions, statutes, judicial decisions, and relevant scholarly materials. The findings reveal that although the right to dignity is expressly guaranteed under the Constitution, its enjoyment is significantly undermined by factors such as poverty, unemployment, corruption, environmental degradation, weak institutional mechanisms, and inadequate enforcement of human rights laws. The research further finds that these challenges have contributed to persistent violations of human dignity despite governmental assurances of commitment to the rule of law and human rights protection. The research recommends constitutional and institutional reforms aimed at strengthening the enforcement of the right to dignity. It further advocates the adoption of policies that address socio-economic challenges, strengthen anti-corruption measures, improve access to justice, and enhance governmental accountability. These measures are necessary to ensure the effective realization and protection of the right to dignity in Nigeria.
D.T. Shut LLB, BL LLM D.T. Shut LLB, BL LLM
THE ROLE OF THE JUDICIARY IN THE ENTRENCHMENT OF VIABLE DEMOCRATIC CULTURE IN NIGERIA
The judiciary constitutes the foundational pillar of any structured society and serves as the hallmark of constitutional democracy as well as the bulwark of the people against repressive government and deprivation of rights and privileges. Democratic culture is sustained through a robust judiciary which ordains how society should be governed. In Nigeria, the judiciary has played a significant role in sustaining democratic governance through its interpretative and adjudicatory functions. However, in discharging this constitutional mandate, the judiciary faces numerous challenges including unwarranted political interference with judicial processes, politicisation of judicial appointments, arbitrary transfer of judges, poor remuneration, inadequate funding and facilities, bureaucratic red tape, and lack of institutional frameworks to sustain judicial independence. This work adopts a doctrinal research methodology drawing upon statutes, case law, textbooks, journal articles, periodicals and newspaper publications. The study finds that the judiciary has demonstrated remarkable courage in several landmark decisions that have strengthened Nigeria's democratic culture. However, challenges such as executive interference, corruption, delay in the administration of justice, and conflicting judgments continue to undermine judicial efficacy. The study recommends strengthening judicial independence through constitutional guarantees, merit-based appointments, improved funding and facilities, enhanced technology adoption, and enforcement of judicial accountability mechanisms to ensure the judiciary effectively sustains Nigeria's democratic culture.
Panmak Joseph Dashan, BL, L.L.M Panmak Joseph Dashan, BL, L.L.M
THE ROLE OF NIGERIA POLICE IN UPHOLDING HUMAN RIGHTS: AN ANALYSIS OF INSTITUTIONAL PRACTICES AND POLICY EFFECTIVENESS
This work examines the institutional practices, policies, and historical context shaping the Nigeria Police Force’s role in upholding human rights amidst pervasive challenges. Despite recent legislative reforms, including the Police Act 2020 and the Anti-Torture Act 2019, systemic issues such as corruption, impunity, resource constraints, societal norms, and political interference continue to undermine efforts at accountability, transparency, and human rights compliance. The analysis highlights persistent abuses, including extrajudicial killings, illegal detention, and excessive use of force, which are reinforced by entrenched institutional cultures and weak oversight mechanisms. While reforms have introduced new oversight bodies and community policing strategies aimed at fostering trust and accountability, their effective implementation remains hindered by deep-rooted structural and cultural barriers. Addressing these challenges requires a comprehensive approach that strengthens institutional independence, enhances police training, allocates adequate resources, promotes cultural change, and ensures strict enforcement of existing laws. Only through sustained systemic reforms and political will can Nigeria realize a police force that genuinely respects and protects citizens’ human rights and dignity.
Aliyu Abubakar Shehu Aliyu Abubakar Shehu
STRATEGIES IN COUNTERING TERRORISM/INSURGENCIES IN NIGERIA AND ITS CHALLENGES
Terrorism and insurgency constituted major factors for the growing security challenge in Nigeria and threat to peace and security in the country. In the recent years, there has been a surge in both the tempo and range of global insurgencies and terrorism, with virtually every parts of Nigeria facing/faced with this growing security challenge. Nigeria in a surveyed conducted in 2011 by the Department of State for terrorism, was ranked fifth in number out of 15 countries and in terms of the global number of casualties, Nigeria was also placed fifth after Afghanistan, Iraq, Pakistan and Somalia. In the late twentieth century till date, world peace and security has been held under siege due to the heinous crime committed by terrorists the world over, and spread across the continents of Europe, Latin America, America, Arab, Asia, and Africa. Scholars, experts and analysts with different views and backgrounds have expressed concerns about the exponential rate in terrorists’ acts and discussed terrorism in relations to diverse issues such as political, economic, ideological, and socio-cultural dimensions; and the strategies adopted by many countries to end terrorism. Yet, there is no universally accepted definition of the concept terrorism and durable solutions to prevent acts of terrorism, as acts of terrorism are on the increase daily. This article carefully examines some of the major strategies/policies introduced by Nigerian government on counter-insurgency and terrorism in the country and identifies and analyses the challenges in countering insurgency and terrorism. This article adopted a doctrinal research methodology to analyse the 2019 National Security Strategy and 2016 Counter Terrorism Strategy on insurgency and terrorism in Nigeria and the effectiveness of these strategies and policies in countering insurgency and terrorism among other issues. This paper argues that critical as the plight of Nigeria appear to be, with several acts of insurgency and terrorism committed in parts of the country, unless and until something differently is done by the government, ending acts of terrorism will be a mirage. In order words, unless Nigerian government makes provisions for counterterrorist’s radicalization and recruitment processes; it will be fighting a never-ending battle against terrorism in the country. This article recommends that practically methodologically inclined strategies are needed (the establishment of indigenous counter-terrorism/insurgent units at the local level to collect intelligence and maintain pressure on the terrorists/insurgents).
Dr. Wulengkah G. Yilkang, Dr. Wulengkah G. Yilkang,
Prof. Jamila M. Nasir (Mrs), Prof. Jamila M. Nasir (Mrs),
HUMAN RIGHTS IN THE AGE OF TECHNOLOGICAL TRANSFORMATION: A CRITICAL EXAMINATION
Nearly every aspect of human life has been altered by the rapidly advancing tide of technological change, which has both created previously unheard-of opportunities and presented significant obstacles to the defence, advancement, and realisation of human rights. This paper conducted a critical analysis of the changing relationship between technology and human rights, examining the ways in which new digital systems, from data analytics and artificial intelligence to social media platforms, automated decision-making tools, and surveillance technologies, interact with long-standing human rights principles. Using a doctrinal and analytical approach, the paper places current technological advancements in the context of international legal norms, human rights frameworks, and developing jurisprudence. The study revealed that technology has impacted human rights practice and activities in modern times. While technology has improved access to information, increased the number of places where people can express themselves, strengthened accountability systems, and encouraged socioeconomic inclusion, it has also raised complicated issues about algorithmic bias, digital exclusion, misinformation, mass data collection, privacy violations, and corporate and governmental overreach, which research must properly consider to chart a way forward.
EMMANUEL, Chinaka Emmanuel PhD, EMMANUEL, Chinaka Emmanuel PhD,
ALOFE, Oluwakemi Eunice ALOFE, Oluwakemi Eunice
REIMAGINING OF LOCAL GOVERNMENT AUTONOMY AS INSTRUMENT FOR STRENTHENING OF DEMOCRATIC GOVERNANCE IN NIGERIA
Nigeria has been grappling with local government reforms for many years, indeed, since independence in 1960, without a satisfactory result. With the ascendancy of constitutional democracy in Nigeria, it is not in doubt that most commentators and writers agree that what is needed for democratic local government administration to thrive is autonomy in the three facets of political, financial and administrative control of local governments. This requires constitutional and legal re-structuralisation as well as democratic acculturation. Unfortunately, all the constitutional making and reviews so far undertaken, left the local government system under the imposing control of the states. The State Governors have unashamedly treated the local government councils as subservient appendages, thereby stiff ling the dividends of democracy and the growth of democratic culture at the local level. The recent effort of the Supreme Court to enhance financial autonomy of Local Government Councils in Nigeria, while being commendable, is a tip of the iceberg of what needs to be done to enthrone the desired autonomy. Adopting the doctrinal research methodology, this paper espouses the reforms that ought to be carried out in the system of local government in order to achieve democratic and responsive autonomous local governance. It suggested that necessary constitutional and legal review, to provide for independent structure of local governments and for independent institutions to oversee the system, be established.
Charles Okechukwu Oparah Charles Okechukwu Oparah
PENSION FUNDS AND RETIREMENT BENEFITS ADMINISTRATION: A COMPARATIVE ANALYSIS OF THE LEGAL, POLICY, AND INSTITUTIONAL FRAMEWORKS OF NIGERIA, AUSTRALIA, AND THE NETHERLANDS
This article conducts comparative analysis of the legal, policy, and institutional frameworks governing pension funds and retirement benefit administration in Nigeria, Australia, and the Netherlands. Pension systems play a crucial role in ensuring financial security for retirees and contributing to overall economic stability. This article examines the unique approaches of each country to managing pension systems, highlighting the strengths, weaknesses, and distinctive features of their frameworks. Nigeria's Contributory Pension Scheme (CPS) represents an evolving system within a developing economy, characterized by recent reforms to improve transparency and sustainability. Australia's Superannuation system, a blend of compulsory employer contributions and voluntary personal savings, is renowned for its robustness and efficiency. The Netherlands boasts of one of the most sophisticated pension systems globally, with a strong social security component and comprehensive occupational pension schemes. Drawing lessons from Australia's Superannuation and the Netherlands' Three Pillars, this article identifies several challenges and shortcomings in Nigeria's pension system and offers recommendations for improvement, which include constitutional reforms to allow state-level management of pension matters, reconsideration of exemptions and exclusions from the CPS, setting minimum investment thresholds for Pension Fund Administrators (PFAs), enhancing transparency and communication between PFAs and contributors, and introducing a government contribution element to the CPS. Through a detailed comparative analysis, this study aims to provide actionable insights for policymakers and stakeholders in Nigeria and other nations striving to enhance their retirement benefit systems. The goal is to optimize the legal, policy, and institutional arrangements to improve the effectiveness and sustainability of pension systems worldwide.
Kwaplong Collins Katroen Kwaplong Collins Katroen
HISTORY OF TRADE UNIONISM AND LEGAL FRAMEWORK OF INDUSTRIAL RELATIONS IN NIGERIA
This paper discusses the history of trade unionism and analyses the legal framework for industrial relations in Nigeria. Indeed, the issue of trade unions and industrial relations are issues that have been at the front burner of discourse for quite some time now. On several occasions, some of the matters have had to go to court for judicial pronouncements on naughty provisions of the Trade Union Act. The paper clarifies the key terms in the topic and, thereafter, chronicles the history of trade unionism in Nigeria. Using doctrinal methodology, the paper analyzes the laws that govern industrial relations in Nigeria, with a view to bringing out the lacunas therein and recommending ways through which trade unionism and industrial harmony can be strengthened between the Unions and government for the smooth running of the affairs of the country.
ETHICS, LIABILITY AND STRUCTURE: LLP LAW FIRMS IN NIGERIA AND THE PROHIBITION OF PRACTICE AS CORPORATIONS
The rules of professional conduct for Legal Practitioners in Nigeria 2023, steeped in ethical standards below which legal practitioners must not fall – in conduct as well as practice – prohibits practice of law as a corporation in its Rule 5. The rationale is presumably to ensure that lawyers are personally responsible, without any form of limitation of liability, to their clients in the discharge of their professional duties to them. Practice as a corporation – a distinct entity, different from the lawyer, will certainly limit liability of lawyers to clients. The Companies and Allied Matters Act 2020 introduced Limited Liability Partnerships (LLPs) as a business form, which has features of a corporation and has been widely adopted by lawyers as mode of practice. Does Practice as LLP offend the rule against practice as a corporation? This paper reflects on the question, and upon analysis of relevant laws makes recommendations.
GEOSTATIONARY ORBIT AND INTERNATIONAL LAW: EMERGING LEGAL CHALLENGES IN A GLOBALISED SPACE ENVIRONMENT
The geostationary orbit (GSO) remains one of the most strategically valuable and scientifically distinctive regions of outer space, providing fixed-position advantages essential for telecommunications, broadcasting, meteorology, and global navigation. Yet, as demand for GSO slots, driven by technological expansion, commercial satellite proliferation, and geopolitical rivalry, intensifies, long-standing legal and regulatory frameworks face unprecedented strain. Through doctrinal analysis, this article critically examines the adequacy of the existing international legal regime governing access to, and use of, the geostationary orbit, focusing on the Outer Space Treaty, the International Telecommunication Union’s allocation mechanisms, and evolving State practice. It identifies emerging legal and policy challenges, including orbital congestion, harmful interference, spectrum scarcity, inequitable access for developing countries, and the implications of private-sector dominance that increasingly test the capacity of the current system. The analysis also considers how global political dynamics, including rising multipolar competition, commercialisation, and disputes over resource appropriation, are reshaping the interpretation of international space law. The article finds that while the current legal frameworks provide foundational guidance, they are increasingly ill-equipped to address contemporary realities, particularly regarding the equitable distribution and sustainable use of orbital resources. It concludes by proposing pathways for legal reform grounded in adaptive governance, enhanced international cooperation, and a re-evaluation of the balance between sovereign interests and collective global responsibilities.
Dr. Ferdinand Onwe Agama Dr. Ferdinand Onwe Agama
RIGHTS IN LIMBO: AN APPRAISAL OF THE RIGHTS OF MINING HOSTCOMMUNITIES UNDER THE NIGERIAN MINERALS AND MINING ACT 2007
This paper examines the rights of mining host communities as provided under the Nigerian Minerals and Mining Act, 2007. The Act repealed the Minerals and Mining Act No. 34 of 1999 for the purpose of regulating the exploration and exploitation of solid minerals in Nigeria. The central issue that inspired this article is the need to appraise the rights of host communities contained in Chapter 4 of the Nigerian Minerals and Mining Act, 2007, to determine their adequacy and the level of awareness among host communities regarding such rights. Nigerian laws have historically denied host communities ownership rights and active participation in the management of mineral resources. The ownership and control of all mineral resources is vested exclusively in the Federal Government of Nigeria under Section 44(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). This paper also considers the various rights provided under Chapter 4 of the Act. The paper adopts doctrinal research methodology and finds that many host communities are unaware of these rights and remain at the mercy of government agencies and license applicants. It concludes that government agencies—including the National Orientation Agency, the Mining Cadastre Office, traditional institutions, and the Ministry of Environment—must intensify sensitization efforts to educate host communities about their statutory rights.
Ritji Timothy Yilwatda, Esq. Ritji Timothy Yilwatda, Esq.
Dauda Iliya Gusnung, PhD Dauda Iliya Gusnung, PhD
EXAMINATION OF THE CONCEPT OF PLEA BARGAINING IN CRIMINAL PROCEEDINGS IN NIGERIA
This study examined the concept of plea bargaining in criminal proceedings in Nigeria. A plea bargain is a legal agreement between a defendant and the prosecution in a criminal proceeding wherein the defendant pleads guilty to a lesser charge in exchange for a lenient sentence. This practice has been in force in Nigeria for a while before the Administration of Criminal Justice Act 2015. Plea bargaining has helped reduce the costs and time spent in prosecuting criminal cases in court. However, it has also been the subject of much displeasure among laymen and the educated alike as it is most often viewed as a machinery for aiding and abetting the ‘crimes’ of corrupt members of the society wherein they plead to a lesser offence and are easily let off the hook. This study therefore seeks to address this gap where plea bargaining has become a subject of displeasure among members of the society. Some of the findings in study is that plea bargaining is an instrument of dispensing justice and ensuring that the cost of litigation and time spent on litigation is reduced. Secondly, that the concept of plea bargain is one that should be encouraged although certain modifications be put in place to avoid it being a tool that corrupt individuals use as a cover to get light sentences. This study recommended that there should be proper training and retraining for critical stakeholders in the criminal justice sector such as judges, prosecutors, lawyers, amongst others to enable them appreciate the nature and scope of plea bargain proceedings thereby advancing the course of justice, another recommendation is that the existing legal framework that provide for plea bargain should be reviewed when necessary to meet up with changing times. Furthermore, there should be a more precise template in the application of plea bargain in the justice system and its usage to avoid it being perceived as selective by members of the public. This study used doctrinal method of legal research.
Sarah R. Garba, LL.B, B.L, LL.M, Sarah R. Garba, LL.B, B.L, LL.M,
Chakaam N. Dalan, LL.B, B.L, LL.M, Chakaam N. Dalan, LL.B, B.L, LL.M,
Mark Y. Danung, Ph.D., BL, MCIArb. (UK), Mark Y. Danung, Ph.D., BL, MCIArb. (UK),
EXAMINATION OF INTERNATIONAL LABOUR STANDARDS AND THE ROLE OF SUPERVISORY BODIES
The International Labour Organization (ILO) is the major international labour agency with the mandate of ensuring that the world of work or employment is humane and decent. In seeking to achieve this herculean task, the ILO has a system of international labour law, better known as International Labour Standards, which comprise of Conventions, Protocols, Recommendations and Declarations, with varying degree of binding effect. Its memberstates are obligated to enforce ratified International Labour Standards. In evaluating and assessing member-states’ compliance, the ILO has two major supervisory bodies saddled with this task: the Committee of Experts on the Application of Conventions and Recommendations (CEACR) and the Committee on Freedom of Association (CFA). The work found that though the CEACR requires member-states to submit periodic reports on the application of ratified International Labour Standards, there are no sanction regimes for non-compliance. The work also found that though the CFA is specifically charged with evaluating the compliance of member-states with regards to freedom of association, the right to organize and collective bargaining, there is no procedure for sanctioning erring member-states who violate extant International Labour Standards. The work adopted the doctrinal method of legal research by analyzing, examining and evaluating existing literature and statutes; both primary and secondary sources of law. It is recommended that proper sanction and enforceable measures be adopted by the ILO in the event of breach or non-compliance with ratified international labour standards. Also, the current supervisory bodies should be overhauled as they are ineffective in their approach and strategies.
Alphonsus Okoh Alubo Alphonsus Okoh Alubo
Denis Francis Fwangje Denis Francis Fwangje
EVALUATION OF NIGERIA’S LEGAL FRAMEWORK FOR COMBATINGCYBERCRIMES
With the advent of modern technology and the internet, we have moved from the slow analog style of sourcing for information to the fast, efficient and reliable digital style of gathering information. Imagine getting answers to complex questions just with the click of a button! Unfortunately, unscrupulous elements have turned the internet space into a haven for the commission of cybercrimes. This crime is prevalent not only in Nigeria but also worldwide. The connection between organized crimes and the internet has increased the insecurity of the digital world especially as it relates to cyber security in Nigeria. This article aimed at examining the existing laws on cybercrime in Nigeria as well as the legal and institutional framework for combating cybercrime. It was found that Nigeria’s ineffective system of regulating the use of internet has led some persons to be able to hack into personal information systems of individuals, corporate organizations and government agencies alike thus, leading to huge data and financial losses. It has also found that poor sensitization about the use of the internet and the insufficient tools and trainings for government officials has also contributed to the ever rising spate of cybercrimes in Nigeria. This article recommended a review of the existing Cybercrime Prevention Act 2015 to meet with the existing realities on cybercrime in Nigeria, prevent ambiguity in its application in order for it to compete adequately with the legal framework of cybercrimes globally. There is also the need for stringent punitive actions to deter would be cybercrime perpetrators.
AN ANALYSIS OF THE CONVENTION ON THEREGISTRATION OFOBJECTS LAUNCHED INTO OUTERSPACE 1975
The paper analysed the Convention on Registration of Objects Launched into Outer Space 1975 (Registration Convention). The Registration Convention was drafted to as to make elaborate provisions for the registration of space objects in the earth orbit and beyond. In order to achieve this, the Convention established a National Register and an International Register where data as regards space objects launched into outer space can be entered. The paper adopted a mixed method of normative and critical analysis. The normative analysis arises from an examination of doctrinal data which consist of the principles of law, the provisions of the Registration Convention, Outer Space Treaty, Rescue and Return Agreement and Liability Convention. Critical analysis on the other hand, is applied to Outer Space principles in literatures in order to justify the need for an amendment of the Convention. The paper found that there are growing technological advancement in the area of space which the Registration Convention did not at that time envisage. The paper therefore recommended that the Convention be amended to embrace recent and evergrowing technological advance in the field of space science and technology.
Wukatwe Charles Wakji Esq. Wukatwe Charles Wakji Esq.
Ritji Timothy Yilwatda Esq. Ritji Timothy Yilwatda Esq.
EVALUATION OF THE RIGHT OF REFERRAL PROCEEDINGS UNDER THE TRADE DISPUTE ACT, 2004
Trade disputes have become common and frequent occurrence in both private and public sector organizations, world- wide, and Nigeria particularly. Other countries of the world (especially the western, advanced and well-to do nations) have ever since identified with the immediate solution to curbing the industrial unrest. In Nigeria, for instance, the public universities, among other public institutions, have been engaging in various forms of strike actions. Recently, the public universities were on industrial action, while their private counterparts carry on their full academic activities. It is against this background that this study makes a comparative analysis concerning trade dispute settlement in public and private universities in Nigeria. The major findings in the paper revealed that, the objective of trade union is to protect the interests of their members. This includes all employment related matters such as wages and salaries etc. We therefore, draw our conclusion and recommended among other things that, a flexible organizational structure should be instituted to improve the relationship between management and staff.
Dogari, Iliya Joshua Dogari, Iliya Joshua
SMALL ARMS AND LIGHT WEAPONS PROLIFERATION INWEST AFRICA: AN INQUIRY INTO THE ROLE OF THE ECONMIC COMMUNITY OF WEST AFRICAN STATES(ECOWAS) IN SILENCING THE GUNS
The West Africa sub-region is characterized by violent conflicts and proliferation of Small Arms and Light Weapons (SALW). Large amounts of weapons have found their way into the region accompanied by gross misuse by state and non-state actors alike. The widespread availability of small arms to abusive actors, poses a threat of unprecedented magnitude to the sub-region. Owing to this proliferation, the sub-region may likely selfdestruct. Given this concern, this work examined ECOWAS attempt at fighting against this challenge. The work showed that, there are over one hundred million illicit SALW in the sub-region, responsible for armed conflict in the sub region despite the un-relented efforts of ECOWAS to eradicate the menace. The study further revealed that ECOWAS Convention which seeks to combat the excessive accumulation of SALW within the sub region is nothing but a mirage as a result of weak national controls and lack of international cooperation on arms control that have led to the proliferation of these weapons. It was discovered that, the greatest barrier to resolving debates over gun policy in the sub region, is the lack of comprehensive data and political will among the states. This study offered the following recommendations: member states need to compliment ECOWAS efforts to fight against illicit use of SALW and harmonize their efforts in executing internal initiatives, international implementation and enforcement of national and international arms embargoes must be improved and constant road checks need to be organized with the aim of apprehending the individuals being sought and preventing trafficking in arms and ammunition. There is also the need to build a robust intelligent network among the ECOWAS member states that can provide a comprehensive information on the movement of SALW for swift apprehension.
DESENSITISING LEGISLATIVE INFLATION: RETHINKING SENATE BILL 347 IN THE CONTEXT OF QUEST FOR GOOD GOVERNANCE
Law-making is a flagship function of the Legislature in a democratic setting. Thus, the Legislature, in a constitutional democracy, assumes primacy over law-making for the peace, order and good government. However, this constitutional responsibility is undermined by some legislative proposals, one of which is Senate Bill 347 seeking to alter the 1999 Constitution to allow public office holders to maintain foreign bank account. Accordingly, this papers discusses the Bill. The aim of the paper was to examine Senate Bill 347 in the context of Nigeria’s quest for good governance and legislative inflation. The objectives were to: ascertain whether the parameter set for the exercise of legislative power is restrictive or permissive; examine some perspectives on the prescribed formula; ascertain whether some of the perspectives on legal formula “for peace, order and government” have had influence on legislators in the exercise of legislative power; examine implications of Senate Bill 347 on Nigeria’s quest for good governance; desensitise legislative inflation; and to bolster the capacity of legislators in legislative thinking and analysis. The paper adopts the doctrinal approach to research. The paper found that: the legal formula, “for the peace, order and good government” is restrictive; there is misperception of the prescribed legal formula, which could result in upsurge of legislative proposals; Senate Bill 347 has implications on good governance. The paper concluded that the trajectory of the upsurge in the initiation of bills could result in legislative inflation which in turn results in legislative deflation. Recommendations are made towards desensitising legislative inflation.
Morgan Innocent Dung Morgan Innocent Dung
APPRAISAL OF THE ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS AGAINST PUBLIC OFFICERS UNDER SECTION 308 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED)
This paper appraised the enforcement of fundamental rights against public officers under Section 308 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The said public officers – President, Vice President, Governors, and Deputy Governors, are exempted from Civil & Criminal prosecution and by implication fundamental Rights under section 308 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) as they are clothed with immunity. However, this research work evaluated the said provision of the Constitution (section 308 CFRN 1999 as amended) Vis-a Vis fundamental right provisions under Chapter IV of the Constitution of the Federal Republic of Nigeria,1999(As Amended).Fundamental rights provisions are sui generis, hence the need to be given necessary attention and be exempted from the provision of section 308 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).The extent and scope of the provision of section 308 of the said Constitution, was also in focus. The pros and cons of the immunity clause were also considered. The provision of the 308 of the Constitution of the Federal Republic of Nigeria, 1999(as amended) was also appraised in relation to the fundamental human rights which has attained global relevancy and finds expression in Nigeria which must be preserved and protected by all the arms of government especially, the Executive in line with the provision of section 14 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).it was the recommendation of the writer that the provision of Section 308 of the Constitution of the Federal Republic of Nigeria, 1999(as amended) be limited or exempted from the provision of Chapter IV of the Constitution. By so doing, it will make such officers accountable to the people in fundamental rights cases. The recent decision of the Federal High Court in the case of Yahaya Bello v Murtala Ajaka is a welcome development and was also recommended as the way to go for the purpose of making the said public officers accountable to the very people that brought them to power. Keywords:
BRAIN DEATH AND EUTHANASIA: HELPING OTHER PATIENTS LIVE
Debates over the legality or otherwise of euthanasia also is not novel, but the arguments lingers due to the irreconcilability of perspectives from religion, culture and policy. Euthanasia itself, suggests that someone has requested to die from the hand of another. Without that intention, it is rather best described as mercy killing. The purpose of this paper is not to delve into conceptual analysis but to seek a justification for executing death either by request (the one willing to die) or by the mercy of another (usually a physician). Hence, the focus on patients who have been confirmed brain dead. Medically, patients who are confirmed brain dead are legally dead and can only be sustained by a life machine for the rest of their lives. While a patient who is brain dead cannot even make decisions again, his family members then stands in his place as one who may be willing to make a request to allow the patient die. This paper argues that mercy killing done on patients who are brain dead provides some values to other patients who require organ transplants such that the organs of one who is brain dead may be upon consent by family members be given to other patients who needs it. Organ transplants have become very common in recent times and patients who had hopes to live dies from unavailability of donors (understandably). However, it is important to legally inquire into the possibility of patients with brain dead conditions and is legally declared dead and whether their family would be willing to allow and intentional death to happen for the good cause of helping the other patients live. This paper concluded that mercy killing is not mystical and cultural or religious argument should not becloud the possibility of a positive side of euthanasia when the patient concerned is brain dead. Doctrinal research was adopted in this work.
MARITIME AND ADMIRALTY PRACTICE IN NIGERIA AND UNITED STATES OF AMERICA: A COMPARISON
The sea is a vital channel or a means by which businesses and commerce are traded and conducted. In addition, the sea is the conduit pipe of voyage, and a valuable source for mineral exploration. Power is generated from the sea and the sea has served as important source of the blue economy. The sea is one of the natural resources nature had blessed Nigeria with. Nigeria, as a riverine nation is domiciled strategically on the west coast of the African continent. It is believed that Nigeria has a very robust maritime law to control and protect her oceanic activities, regardless of the several changes that have taken place in the maritime sector. Similarly, the maritime law of the United States has grown and changed under the new American maritime activity. America, like Nigeria is also endowed with navigable waters through which it carries out its commercial activities on the sea. Both countries had exercised jurisdiction over matters relating to admiralty issues. In this regard, admiralty jurisdiction is concerned with the authority a nation has to entertain and determine some types of cases from actions that occurred on the high seas or other navigable waters. Maritime law cases can arise in respect of civil wrongs, torts or criminal offences. In this aspect of law, jurisdiction may be extended to contractual disputes that arise as a result of maritime law, such contracts included but are not limited to the payment of wages to seaworkers or seamen, movement of persons or cargo from one sea of lading or departure to another sea of berthing, maritime liens and other maritime claims.The problems the research addressed is how are the maritime industries faring in both Nigeria and America, are the laws in the maritime sectors well implemented in both jurisdictions? The research found out that maritime laws needs to be improved upon in the Nigeria and America. The study adopted the doctrinal legal research method by consulting primary and secondary sources of law based on academic textbooks, and peer reviewed journals in maritime area, and made some recommendations at the end of the paper.
REINSTATING LEGAL POSITIVISM: FOUNDATION, PHILOSOPHY AND CRITERIA
This article argues that seeing legal positivism as a political tradition that supports the Separation thesis is the best way to comprehend it. For long, that tradition was devoted to dismantling the conceptual framework that the common law tradition and its line of reasoning operated under the premise that morality and law are not intrinsically linked. A genealogical reconstruction of the tradition shows that positive judges operate in that area and must adapt their own ways of thinking to fit within certain constraints. The bulk of contemporary positivists' attempts to refute these conclusions reveal significant problems with the theory, problems that result from the attempt to divorce positivism from its political past. The new neoBenthamite renaissance in legal theory, which reproduces the moral-legal rift, is thus criticized for both restoring positivism to its political heritage and for providing a platform for a fruitless debate between positivism's critics and adherents. "As for the philosophical approach, which was so dynamic and influential, it sometimes seems a little tired and demonstrates its methods by trying to find revivification through absurdist flirtations. The fascinating problems with legal theory endure, and if these articles contain any important insights, it's that studying legal organizations throughout history may be able to resolve these problems more effectively than is currently acknowledged.
Nelson, E. Chegwe LL.B (AAU) LL.M, (AAU) Ph.D,( DELSU) BL.(Lagos) Nelson, E. Chegwe
MATRIMONIAL CONFLICTS AND CHOICE OF LAW SITUATIONS IN THE NIGERIAN LEGAL SYSTEM
In this paper, Marriage is considered as the legal relationship between a husband and wife. It is a union between a man and a woman, excluding marriage between persons of the same gender. Marriage in Nigeria is basically governed by three laws namely, statutory law, customary law and Islamic law. The occasions are frequent when the courts in one country must take account of some rule of law that exists in another. This becomes pertinent when marriage-related issues arise between couples with diverse backgrounds; questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another. The court will have to follow the conflict of law principles of choice of law to resolve such issue by applying the connecting factors. It is the finding of this paper that where different legal systems are run concurrently in a country there is bound to be conflicts and these conflicts can be resolve if the principle of choice of law is applied. It is the recommendation of this paper judges should be trained in the application of the choice of law rules in conflict of laws. In conclusion the principle of choice of law, is useful in resolving matrimonial conflicts situation within a legal system that has different personal laws in existence.
Dauda Iliya Gusnung Esq Dauda Iliya Gusnung Esq
REFLECTIONS ON THE LEGAL FRAMEWORK ON THE OFFENCE OF RAPE IN NIGERIA AND INDIA
This work examined the legal framework on the offence of rape in Nigeria and India. The objectives of the work among others were to evaluate the legal framework on the offence of rape in Nigeria and India as well as interrogating the shortcomings from the legal framework. In doing so, the research examined the extant laws on the offence of rape in both jurisdictions by way of a comparative analysis with a view to bringing out the loopholes in these laws. The method used in this research was doctrinal and it involved the analysis and review of statutes, regulations, case laws and other secondary materials such as textbooks, journals and internet materials. The findings of the research showed that that there is need to have a broader definition of rape in Nigeria that will encompass the various forms of rape that are committed through other mediums other than the traditional penetration of the vagina by the penis. The research ended with conclusion and recommendations.
THE CORRECTONAL SERVICE ACT AND RIGHTS OF PRISONERS IN NIGERIA
The Nigeria Prison Service represents a traditional criminal justice system of punishment philosophy which places emphasis on merely to punish the offender rather than correction of the offender. In 2019, the law establishing the Nigerian Prison Service, was reviewed and became known as the Nigerian Correctional Service. The passing into law of the Nigerian Correctional Service Act has been applauded in many quarters. With this ovation that greeted the Nigerian Correctional Service Act, it became imperative to examine the major changes introduced by the Nigerian Correctional Service Act with a view to identifying the place of the inmate in the new law. This work commenced by examining the provisions of the Nigerian Correctional Service Act, with a view to pointing out the need for speedy implementation of Act. A prisoner should not be subjected to conditions in prisons that are dehumanizing or degrading when the law has adequately catered for the entrenchment and establishment of their rights as human beings. For the non-custodial outfit to operate effectively, trained personnel especially in areas of human rights, paroles, probations, rehabilitation and community service must be employed/deployed to the appropriate departments of the correctional service facilities. Technology is also a vital prerequisite, The non-custodial faculty can only effectively operate if technological facilities, used in tracking criminals such as data mapping crime, smart phone tracking, Wi-Fi capabilities and biometrics is present, which will be used especially to track offenders on parole. Governments at all levels, should put in efforts to support the federal government in making sure that the Correctional Service Act, succeeds as it gives priority to the reform of the inmates and seeks to curtail retrogression and uphold best international standard.
NON-CUSTODIAL PUNISHMENT AS ALTERNATIVEMEASURES TO CUSTODIAN PUNISHMENT IN COMBATINGCRIMES
This paper reviews varied uses of the conception of punishment in relation to non-custodial rulings, including the constantly- made comparison between punishment and recuperation. It concludes that punishment has no stable meaning in respect of similar rulings and, when utilised, frequently results in non-custodial penalties being found wanting by comparison with imprisonment. It's suggested that all rulings should be regarded as punishment, and that the creative development of community penalties will best be achieved by working with a tripartite conceptualisation of restitution, recuperation, and incapacitation, set within applicable boundaries of proportionality. This paper gave a legal X-ray of the alternative measures to custodial punishment in combating crimes. The methodology adopted was the use of primary and secondary sources of materials. This paper recommended non-custodial punishment as a solution to the congestion in the correctional centers.
Jesutola Ikeoluwapo Tobi-Mulero Jesutola Ikeoluwapo Tobi-Mulero
APPRAISAL OF THE LEGAL FRAMEWORK OF THE NIGERIANCORRECTIONAL SERVICE
This paper appraised the legal framework of the Nigerian Correctional Service as an important stakeholder in the Nigerian criminal justice sector. It was driven by the need to draw attention to some of the loopholes in the existing legal framework with a view to bolstering the capacity of the Nigerian Correctional Service for a more robust and efficient service delivery that meets international best practices. Consequently, the paper surveyed some of the major laws and institutions which impact the performance of this Institution. In this direction, the paper analysed laws such as the Nigerian Constitution, the Administration of Criminal Justice Act 2015, the Nigerian Correctional Service Act 2019, the Criminal Code, the Penal Code, amongst others. It also discussed the Correctional Service as an institution, along with the Borstal Institution, which is its appendage. The paper highlighted some of the challenges of the Nigerian Correctional Service to include over-crowding, jail break, poor medication, finance and logistic challenges, poor administration, amongst others. In conclusion, the paper recommended, among things, the resort to plea-bargain in order to address the challenge of over-crowding, proper rehabilitation and reintegration of inmates, adequate funding of the Correctional Service, and amendment of some provisions of the law in order to place the Nigerian Correctional Service on a better footing.
THE ECOWAS AND THE LEGALITY OF THE USE OFFORCE: THE NIGER REPUBLIC COUP CASE STUDY
This research examined the international human rights implications of the use of force in the Republic of Niger that witnessed the forceful and undemocratic removal of the democratically elected President Mohamed Bazoum and his replacement with the Junta Military Leaders on the 26th of July 2023. It examined the covenants that promote democracy and peaceful coexistence and sought to find the causative factors for coup de tats in the African countries of Niger, Mali, Burkina Faso and recently Gabon. It briefly analysed the legality of the use of force by the Economic Community of West African States. The research finally made recommendation to the effect that the unilateral use of force to restore democracy is not firmly established in international law. The paper noted that the restoration of democracy is worth pursuing by using peaceful means, but be that as it may, the case of using force in Niger is not only illegitimate, but also unlawful, unwarrantable and offends the established tenets of international law. The doctrinal research methodology was employed for the purpose of driving this research.
THE JUVENILE OFFENDER AND THE NIGERIAN CRIMINAL JUSTICE SYSTEM IN CONTEMPORARY TIMES
Prevention of offenses by juveniles is one part of the wider crime reduction strategy of any nation. This paper examined the administration of criminal justice system in Nigeria and attempted an inquiry into the challenges of administration of juvenile justice. Crimes are part of every society in its every day interactions. These crimes in times past were committed by persons that have attained the age of adulthood, but in the recent times, there had been an alarming rise in the number of juvenile delinquencies across the country. This juvenile may have to come face to face with the law and are unfortunately often treated like adults and mixed with adults in prisons. This paper looked into the legal frameworks of Juvenile justice system in Nigeria. The challenges of Juvenile justice administration in Nigeria identified include: Lack of juvenile court judges, Funding, Attitudinal and cultural changes, improper justice system. The paper recommended that there is an urgent necessity to employ more social workers in every state so as to rehabilitate individual juveniles, the Child’s Rights Act (CRA,) needs to be speedily implemented by Federal and State governments, juvenile institutions to substitute home for juveniles, the acceptance of juveniles into society without discrimination and both the federal and state government should financially develop the juvenile justice system in Nigeria so as to rehabilitate and restore juvenile delinquents.
Yoummi Emmanuella Mamgin Yoummi Emmanuella Mamgin
MEDICAL CONFIDENTIALITY AND CHALLENGES OF PROTECTINGTHE RIGHTS OF PERSONS LIVING WITH HIV AND AIDS IN NIGERIA
In Nigeria, as in other parts of Africa, persons living with HIV/AIDS (PLWHAS) often experience discrimination and stigmatization by family or in the workplace, at school, and in other settings, including correctional centres and healthcare and religious institutions. As a result of this, many persons living with HIV/AIDS shy away from medical treatment and making their status known, owing to the fact that there have been repeated cases of breach of confidence on the part of the medical practitioners who care for the well-being of persons living with HIV/AIDS. The duty of healthcare professionals to keep a patient’s information confidential in the course of treatment and care usually places them in a difficult position as a result of the need to balance the conflicting interest of confidentiality and disclosure. This work examined the principle of medical confidentiality and professional secrecy, the rights of persons living with HIV and AIDS to medical treatment as well as the challenges faced by healthcare professionals in the treatment of persons living with HIV and AIDS, including the duty to warn caregivers and third parties in appropriate situations. The authors found that because a conflict between the rights of persons living with HIV/AIDS to confidentiality and the rights of third parties, including the public, to be protected from harm exists, many healthcare providers are placed in a quagmire. The authors also identified some notable exceptions to the duty of confidentiality, juxtaposing them with the case of persons living with HIV/AIDS. While adopting a doctrinal approach to the topic; considering various authors and a number of cases, the work concluded by proffering recommendations, among which are the beneficial disclosure of sero status both by persons living with HIV/AIDS as well as healthcare providers, and the criminalisation in Nigeria, of deliberate, reckless conduct against medical advice, adjudged to be carried out by persons living with HIV/AIDS with the intent of infecting others.
Nanfwang Christopher Ayuba Nanfwang Christopher Ayuba
Nankwat Samuel Kwotbok Nankwat Samuel Kwotbok