ALEX EKWUEME FEDERAL UNIVERSITY LAW JOURNAL
Alex Ekwueme Federal University Law Journal (AEFULJ) is a double blind peerreviewed journal publication of the Faculty of Law, Alex Ekwueme Federal University,Ndufu-Alike, Ebonyi State. The Journal focuses on contemporary issues on municipaland international law. The Editorial Board of AEFULJ hereby calls for well-researched original articles, commentaries, and book/case reviews from scholars and legal practitioners within and outside Nigeria on any area of law for possible publication. It provides a forum for legal scholars and jurists to report research findings for policymaking through innovative and advanced research. Well researched and original papers on topical legal issues are hereby welcome for the second edition of the Journal.
ALEX EKWUEME FEDERAL UNIVERSITY LAW JOURNAL Vol. 1 (2024)
ALEX EKWUEME FEDERAL UNIVERSITY LAW JOURNAL Vol. 2 (2025)
THE NIGERIA DATA PROTECTION ACT, 2023 AND THE RIGHT TO PRIVACY: CONSTITUTIONAL IMPLICATIONS UNDER THE 1999 NIGERIAN CONSTITUTION (AS AMENDED)
As digital data proliferates, the significance of robust data protection measures has become paramount in safeguarding individual privacy rights. This has birthed in Nigeria, the Nigerian Data Protection Act (NDPA) 2024. The Act seeks to establish a comprehensive framework for the protection of personal data, however, its alignment with constitutional provisions raises concerns and critical questions. This article examines the interplay between the Nigeria Data Protection Act (NDPA) 2024 and the constitutional right to privacy as enshrined in Section 37 of the 1999 Nigeria Constitution. It analyzes whether and the extent to which the Act enhances or undermines the right to privacy, focusing on its legal definitions, enforcement mechanisms, and potential gaps in protection. By evaluating the Act's compliance with constitutional standards and judicial interpretations of privacy rights in Nigeria, this article aims to elucidate the implications for citizens' rights in the digital age. Ultimately, this research contributes to the discourse on privacy and data protection in Nigeria, suggesting pathways for strengthening legal safeguards to ensure that privacy remains a fundamental right in the context of the rapid growth and advancement of technology.
Emmanuel Tochukwu Okpara & Emmanuella Chidinma Okpara
Water Pollution and Food Security in Nigeria: Legal Challenges and Pathways to Reform
Water Pollution and Food Security in Nigeria: Legal Challenges and Pathways to Reform.
THE TRUSTEESHIP POLICY IN SECTION 1 OF THE LAND USE ACT, 1978: A MODEL FOR SECURING THE RIGHT TO PROPERTY?
The Land Use Act was enacted in 1978 to centralize land administration, ensure equitable land use, and simplify complex land tenure systems. This article adopted the doctrinal method of research to examine the Trusteeship Policy in section 1 of the Land Use Act, 1978 (herein called 'LUA'), which vests all lands in the State Governor with clear directive that the lands shall be administered on trust for the benefit of all Nigerians. The precise import of Section 1 of LUA is however, subject of controversies thereby rendering it ambiguous and uncertain. Thus, the research question is, what is the trust model underlying the trusteeship policy that can guarantee and promote Nigerians' right to property under LUA? The objective of the research is to determine the trusteeship model which underpins the trusteeship policy. It was argued that controversies surrounding the position of the Governor have constituted the trusteeship policy as an albatross in the LUA. This article therefore called for the adoption of a trusteeship Model based on Obligation Theory by which LUA will be interpreted and construed in such a manner as to guarantee Nigerians' right to property and ensure that all Nigerians have access to land without discrimination.
THE ROLE OF THE NATIONAL OIL SPILL DETECTION AND RESPONSE AGENCY ON MARINE POLLUTION IN NIGERIA: CHALLENGES AND PROSPECT
Healthy and clean marine environment is important for society since it provides services and support a diverse range of sea life that is important for global biodiversity. Marine environment provides valuable benefits for human activities, including protein sources and economic activity through fisheries, aquaculture and navigation. However, oil spillages that produce pollution have affected and still affecting the Nigerian marine environment. The Nigerian government has made several efforts to control ship-source marine pollution but still the menace persists. Therefore, the paper entitled, 'The Role of the National Oil Spill Detection and Response Agency on Marine Pollution in Nigeria: Challenges and Prospects' aimed to examine the role of the major marine pollution control agency (particularly, the National Oil Spill Detection and Response Agency) in controlling marine pollution by oil spills in Nigeria with a view to appraising the effectiveness or otherwise of the agency. To achieve the aim of the paper, the doctrinal method of research which involves the use of textbooks, journals, relevant laws and other relevant documents was adopted. In the course of the research, it was found that one major challenge facing the NOSDRAis lack of adequate funding to enable it acquire modern equipment/facilities and to embark on regular training of its personnel. Therefore, it was recommended that the government should increase its budgetary allocations to the environmental sector to enable NOSDRA acquire modern equipment and training of its personnel. Alternatively, there should be a special percentage for NOSDRAfrom the annual budget of Nigeria.
THE ROLE OF THE NATIONAL HEALTH INSURANCE AUTHORITY (NHIA) IN REGULATING CORPORATE HEALTH INSURANCE PLANS IN NIGERIA
This research examines the role of the National Health Insurance Authority (NHIA) in regulating corporate health insurance plans in Nigeria. Utilising a doctrinal research methodology, the study delves into the legal framework governing corporate health insurance, analysing the oversight functions of the NHIA, including its efforts to ensure compliance with regulatory requirements, protect consumer interests, and maintain fair market practices. The research looks at the specific needs of corporations for such plans and examines the challenges faced by the NHIA in effectively fulfilling its regulatory mandate. Drawing upon primary sources such as relevant Acts of the National Assembly and secondary sources including scholarly articles and books, the study concludes by evaluating the impact of NHIA's regulatory actions on the affordability, accessibility, and quality of corporate health insurance plans within the Nigerian healthcare landscape.
THE ROLE OFARTIFICIAL INTELLIGENCE IN NIGERIAN LEGAL RESEARCH: PROSPECTS AND CHALLENGES
Artificial Intelligence (AI) is changing how legal research is done worldwide, and Nigeria is no exception. What once required hours of flipping through law reports and textbooks can now be done in minutes with AI-powered legal tools, which makes legal research faster, more efficient, and more accessible. But with this transformation comes a set of difficult questions: Can AI-generated legal research be trusted? Who is responsible if an AI tool gives inaccurate legal advice? Will AI replace human lawyers or simply make their work easier? This paper examines the role of AI in Nigerian legal research, exploring both its potential and its pitfalls. It looks at how AI is already being used by Nigerian lawyers, the ethical and legal challenges that come with it, and how other countries are regulating AI in legal practice. Drawing insights from global AI frameworks, this study proposes recommendations to ensure that AI in Nigerian legal research is used responsibly, ethically, and in a way that strengthens, rather than weakens, the legal profession.
Emeka Chukwudifu Earnest; Gabriel Ugota Awoke; Rev. Fr.(Barrister) L.O. Emeka & Obiahu Blessing Chidiebere
THE JUDICIARYAS A PILLAR OF NATIONAL DEVELOPMENT: REFLECTIONS ON SOME CONTRIBUTIONS OF LORD JUSTICE KUMAI BAYANG AKA'AHS
The role of the judicially in national development cannot be underestimated. It is a product of painstaking efforts of judges and justices of the court system. This study reviewed selected judgment of Hon. (Mr.) Justice Kumai Bayang Aka'ahs JSC. The main objective is to determine the extent to which these judgment have contributed to the development of the Nigeria's State. Employing doctrinal methodology, the study found that Hon. (Mr.) Justice Kumai Bayang Aka'ahs JSC delivered notable judgments which directly or indirectly have contributed to the development of the Nigeria's State, particularly in the area of electronic evidence, stamp and seal of legal practitioners, restrictions on claims for specific and general damages, effect of pleadings, interlocutory injunction, jurisdictions, rules on interpretations of statutes and many others. Yet, the gap between the end of justice and perversion still gapes. It is recommended that judicial officers in Nigerian courts should be proactive in dispensing justice despite daunting paucity of evidence. The study concluded by affirming that the judiciary occupies a critical role in the national development, and called for the more support of the judiciary in achieving this important mandate.
THE CONSTITUTIONALITY OF UNILATERAL RESTRICTION OF INDIVIDUALAND CORPORATE BANKS ACCOUNTS BY DEPOSIT MONEY BANKS AND ANTI-GRAFT AUTHORITIES IN NIGERIA
In recent years, the piquancy and frequency of occurrences of unilateral restrictions on banks customers' accounts, otherwise known as account freezing, has assumed a dangerous and worrisome dimension. This is usually ignited by alleged suspicious transactions in connection with such accounts. The 1999 Constitution of the Federal Republic of Nigeria (as amended) is the grundnorm and the fons et origo (the source of all other laws) of the land. Sections 36(5) and 43 of the said constitution preserves the fundamental rights of Citizens to presumption of innocence until proven guilty by a competent court of law and right to acquire and own moveable property anywhere in Nigeria. Ironically, the current trend of unilateral freezing of customers' bank accounts appears to be a flagrant infraction of the above fundamental rights of the citizens of Nigeria. This article therefore conducts a surgical operation of the relevant laws to assess the legality or otherwise of the current practice in the nation's financial institutions.
THE COMPATIBILITY OFTHE AFRICAN CONTINENTAL FREE TRADE AREA AGREEMENT WITH ISLAMIC PRINCIPLES OF INTERNATIONALTRADE
This study examines the compatibility of the African Continental Free Trade Area (AFCFTA) Agreement with Islamic principles of international trade. The research question is: To what extent is the AfCFTA Agreement compatible with Islamic principles of international trade? The study's objectives are to examine the AfCFTA Agreement's key provisions, analyse Islamic principles of international trade, and assess their compatibility. Aqualitative research approach is used, analysing primary and secondary sources. The scope is limited to the AfCFTA Agreement and Islamic principles of international trade. The findings reveal areas of convergence and divergence, particularly regarding interest-based financing and dispute settlement mechanisms. The study recommends incorporating Islamic trade finance instruments and dispute settlement mechanisms into the AfCFTA framework. The findings have significant implications for Muslim traders and policymakers, highlighting the need for compatibility between the AfCFTA Agreement and Islamic principles of international trade to facilitate inclusive economic growth and development in Africa.
THE CHANGING FACE OF CONTRACT LAW IN THE DIGITAL ERA IN NIGERIA: A COMPARATIVE ANALYSIS
The growth of technology has greatly impacted many areas of human endeavours and this has birthed the introduction of digital contracts. These digital contracts have impacted the traditional concept of formation of contract in such areas as the use of electronic signatures and emojis with positive and negative effects. In this respect, this paper aims to comparatively examine the effect that the digital era has impacted on the traditional concept of contract law in Nigeria and some other countries using the doctrinal methodology of research. The paper found that the current legal regime in Nigeria has not adequately responded to the changes that have occurred in contractual transactions as a result of the rise in digital contracts. This paper concluded by recommending the enactment of a single piece of legislation to regulate contracts that are entered into electronically or digitally in order to bring coherence and legal certainty in the digital contracts arena.
Dr Favour Onoriode Ebbah; Majesty Finine Dio-Henry & Lorena I. Osafile
TAX APPROACH TO CONSTITUTIONALISM AND JUSTICIABILITY ISSUES
The principle of constitutionalism states that every action of the institutions and persons within the country must conform to the provisions of the Constitution or be rendered void to the extent of its inconsistency. The Constitution under Chapter 2 enunciated the fundamental objective and direct principles of government; the role of the people in governance and social objectives; educational; environmental and foreign policy objectives. The principles are also regarded as socio-economic rights. The said constitution by section 6(6)(c) provides for the non-justiciability of the fundamental principles. Scholars have argued the justiciability of socio-economic rights as an intricate part of fundamental human rights. Other scholars have also argued in support of non-justiciability of socioeconomic right. The argument is premised on the principle of constitutionalism: the constitution has made the socio-economic rights non- justiciable. Judicial attempts by Nigerian courts to navigate this huddle remain unsuccessful. This paper considers a Tax approach to the justicibility issues of socioeconomic rights- wheather a taxpayer would have locus standi to challenge the government on the usage of the taxpayers' money. The tax money is meant to be used to provide socio-economic right. The research has adopted doctrinal methodology. It reviewed both primary and secondary sources of law. Particular attention was paid to case laws in search of judicial attitude to justiciability issues. The paper found that Nigerian courts lack activism furnace to confront the justiciability issues of socioeconomics rights. The only promising approach to resolving the justiciablity issue lies with taxation, the determination of the dividend of tax payment and the locus standi of taxpayer to query same. The paper is relevant to both taxpayer and tax authority, it would incentivize tax compliance and maximize tax revenue.
REGULATORY CHALLENGES IN ENFORCING COMPETITION LAW IN FINANCIAL SERVICES AMIDST SECURITY CONCERNS
Widespread regional insecurity creates substantial regulatory hurdles that undermine supervision and enable anti-competitive practices. In order to promote market fairness and protect consumers in Nigeria's financial services sector requires the enforcement of competition laws which will drive innovation. This article analyzes existing legal frameworks and judicial precedents as well as statutory provisions related to competition law in Nigeria through the use of a doctrinal research method. The research finds that areas experiencing conflict have interrupted regulatory functions, which weaken institutions and lead to increased monopoly power due to insecurity. The research further finds that the legal system is characterised by weaknesses and institutional flaws, hence the need to improve regulatory sustainability. The foregoing recommendations will operate to build a resilient inclusive system and competitive financial market.
Awotoye Tobiloba Opeyemi; Oyedokun Godwin Emmanuel & Abalola Wasiu Adeyemo
FIGHTING TAX CRIME: A COMPARATIVE ANALYSIS
The importance of tax payment is fundamental to the existence of every nation. Accordingly, tax laws have enshrined the mechanism that will ensure tax compliance. However many African countries have recorded low rate of tax Compliance as a result of different degrees of tax evasion or avoidance and other forms of tax crime. The crimes continue unabated because of inefficient mechanism in compacting tax crime in most African countries and Nigeria in particular. The paper compares the Nigerian experience with other foreign jurisdictions policies and approaches in combating tax crime. This study will be relevant to tax authority and the government especially at this time Nigerian is faced with different tax bills. . The research adopted doctrinal methodology. Accordingly, reliance was placed on the study of both primary and secondary sources of law like the Constitution, Federal and State enactments, text books, journals, newspapers and internet base materials respectively. The study is focused Nigerian law; however, comparative recourse is made to foreign jurisdiction for the purpose of sustaining a persuasive argument. It is found that tax offence is poorly prosecuted in Nigeria unlike other jurisdictions. The work concludes that the penalties for tax crimes in Nigeria consist of inconsequential fines that lack sufficient deterrence mechanism to tax crimes; and that there should be sanctions against the government when it fails in its tax obligation to the people. It is therefore recommended that Nigerian tax laws on offence and penalties require some overhaul that will entrench stiffer penalties to tax offence.
EXPLORING THE LEGAL FRAMEWORK OF COMPANY TAXATION IN NIGERIA: HISTORICAL CONTEXT, STAKEHOLDER ROLES, AND REVENUE IMPLICATIONS
This study examines Nigeria's corporate taxation framework, focusing on the Companies Income Tax Act (CITA) and its historical evolution. It highlights CITA's pivotal role in shaping fiscal policy and addressing Nigeria's socio-economic needs through its amendments and development. Using a qualitative approach, the study reviews legal frameworks, policy documents, and literature to identify key stakeholders, including legislative bodies, tax authorities, and professional organisations. It underscores the Federal Inland Revenue Service's (FIRS) critical role in enforcing tax compliance, collecting revenue, assessing taxpayers, prosecuting defaulters, and issuing tax guidelines. The findings reveal significant challenges, such as corruption, inadequate resources, and low public awareness, which hinder effective tax administration. The study emphasises the need for inter-agency collaboration with entities like the Attorney General's Office and the Economic and Financial Crimes Commission (EFCC) to combat tax-related offences. Additionally, it highlights the role of professional organisations and tax consultants in promoting compliance and public awareness. Recommendations include public enlightenment campaigns and robust measures to curb tax evasion and fraud. The study concludes that collaboration among government agencies, professional bodies, and taxpayers is vital for strengthening Nigeria's tax system and fostering sustainable fiscal growth.
AN ASSESSMENT OF THE LEGAL INCENTIVES FOR THE PROMOTION OF RENEWABLE RESOURCES AND GREEN ECONOMY IN NIGERIA
Arenewable resource is a natural resource with the capacity to replenish itself and does less harm to the environment and human health. Such resources constitute an alternative to non-renewable resources which are limited in nature and lack the capability to ensure regular resource supply base to drive economies. The concern for this shortcoming inherent in non-renewable resources has necessitated the need to find a viable option in renewable resources to guarantee a reliable, constant and sustainable resource supply to drive economies, protect the environment and human health. Nigeria, like many other countries in the world, has enacted laws to incentivise the country's renewable resources for the green growth of her economy. This article examines the legal framework and government regulations in place with a target to incentivize renewable resources for green economic growth in Nigeria. The paper adopts doctrinal research approach. It found that there are insufficient provisions with regard to incentivising renewable resources in the extant laws in Nigeria and offers recommendations for expansion of the existing laws and/or a comprehensive new law autonomous and dedicated to incentivising renewable resources to achieve Nigeria's green economic mission.
APPRAISAL OF PUBLIC COMPLAINT COMMISSION AS AN OFFICIAL OMBUDSMAN IN NIGERIA
The role of the ombudsman in curtailing administrative abuse of powers in most countries of the world cannot be overemphasized. The Public Complaints Commission (PCC) was established in 1975 as an organ of the government set up to redress complaints lodged by aggrieved citizens or residents in Nigeria against administrative injustice. Despite this lofty structural vision, the lack of sufficient interest in the Commission by successful government, coupled with other systemic inefficiencies, has considerably undermined the efficacy of the Commission as a temple of justice in Nigeria. With the use of the doctrinal method, this study appraised the Public Complaints Commission as an official ombudsman in Nigeria. It was found that despite recording several achievements, the Commission is beset with challenges preventing it from performing optimally. These challenges include its limited administrative powers, lack of adequate resources, lack of true political independence, and so on. After a critical analysis of the duties and administrative efficacy of ombudsman in Nigeria, this study recommended, among others, that the Public Complaints Commission should be adequately funded to prevent the temptation of seeking external gratuities thereby rendering itself vulnerable to control and manipulation by external persons or groups.
Emmanuel Nnaemeka Nwambam Esq & Charity Chinedu-Uhuo
A CONTRADICTION BETWEEN THE ILLEGALITY OFABORTION UNDER THE NIGERIAN LAWS AND THE REPRODUCTIVE HEALTH RIGHTS OF WOMEN IN NIGERIA: AN ANALYSIS
Abortion is and remains illegal in Nigeria, except when performed to save the life of the pregnant woman. Abortion is outlawed in the various states in Nigeria, with a minimum penalty of Fourteen (14) years imprisonment for Doctors who conduct abortions and Seven (7) years imprisonment for women who obtains abortion. Despite the fact that abortion is illegal, many women in Nigeria have it performed clandestinely, with potentially hazardous outcomes. Reproductive rights are a category of human rights that includes the freedom to make free and informed decisions about reproduction and sexual health. The International Commission on Population and Development recognized women's reproductive and sexual health rights as critical to their overall health. The Convention on the Elimination of All Forms of Discrimination Against Women contains several articles that serve as the foundation for these rights. These rights include the freedom to choose how many children to have and how far apart to have them, the right to privacy, and the right to be free from prejudice. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was ratified by Nigeria in 1985 and since then has formed part of our body of laws. This article examined the textual framework of women's rights to sexual and reproductive health, as reflected in this and other international human rights instruments and contended that right to abortion is covered in rights to autonomy and privacy in making sexual and reproductive decisions. The paper concluded that criminalization of abortion in Nigeria is criminalization of Sexual Reproductive Rights of Women and this runs contrary to the obligations demanded from Nigeria having signed and ratified several international instruments and convention on protection of women's right. It recommended the review of the watertight criminalization of abortion laws in Nigeria with the view of saving the lives of so many young women who pay the ultimate price while clandestinely obtaining abortion.
AN APPRAISAL OF COMMERCIALISATION OF INTELLECTUAL PROPERTY RIGHTS AS A PATHWAY TO SUSTAINABLE ECONOMIC GROWTH AND DEVELOPMENT
Intellectual property Rights (“IPRs") are now being widely recognised as valuable, as IPRs continue to make positive and increased financial impact on the performances of companies and businesses. Consequently, the crucial questions arise: how can IPRs be tangibly applied and converted to hard, raw cash or some other kind of recompense? While answering this, other questions arise such as the determination of the value of the asset, as it is intangible, unlike other typical assets like land. It has been long argued that aside from the economic rewards to the owners of the IPRs, IPR commercialisation adds value to social welfare activities, creating long-term research partnerships and generating economic benefits to industries. However, this paper finds that the successful commercialisation of an IPR involves not only innovative ideas but also strategic risk management and valuation, focused on the factors influencing market appeal. Through a doctrinal methodology, this paper provides an overview of the growing field of intellectual property commercialisation, with particular focus on developing economies such as Nigeria. It explores the different types of IPRs, their significance, methods for valuing IPRs, strategies for commercialising them, and the conditions necessary for successful commercialisation. As part of its recommendations, the paper concludes that successful IPR commercialisation, collaboration between policymakers, researchers, and industry stakeholders is necessary to create a legal framework that supports and protects innovative ideas and products.
ACCOUNTABILITY FOR WAR CRIMES AND THE QUESTION OF IMMUNITY UNDER INTERNATIONAL CRIMINAL LAW
Perpetrators of war crimes consist of officials of States and non-State actors. Legal instruments on international criminal law prohibit war crimes and place obligations on State Parties to ensure accountability of perpetrators. Notwithstanding these demands, immunity enjoyed by some State officials who perpetrate war crimes, remain the impediment to the enforcement of these laws on accountability of such perpetrators. This article examined war crimes and the extent at which immunity remains as impediments to accountability of perpetrators under International Criminal Law. Using the doctrinal methodology, the paper found that: acts that constitute war crimes cuts across all the four recognised international crimes; State Parties have the obligations of ensuring that perpetrators of war crimes are held accountable and; immunity operate as impediments for holding some perpetrators of war crimes accountable. The study recommends: encouragement of States to adopt implementing legislation in their national laws to give effect to Rome Statute and discard immunity from prosecution of officials of States for war crimes; increased cooperation of State Parties with the ICC and other States on accountability of perpetrators of war crimes with immunity; and encouragement of members of the International Community to strengthen the ICC and not to weaken it.
EVALUATING THE IMPACT OF REGIONAL CONVENTIONS ON HUMAN RIGHTS: LESSONS FROM THE AFRICAN CHARTER, EUROPEAN CONVENTION AND AMERICAN CONVENTION ON HUMAN RIGHTS
The African Charter, the European Convention and the American Conventions on Human Rights remain the hallmark of human rights protection across the regions. Thus, the analysis how these regional conventions affect human rights in different regions of the world is imperative. This article evaluates the effectiveness of regional human rights mechanisms in protecting and promoting human rights. Through a comparative analysis of their structures, laws, and enforcement procedures, it examines how regional and national systems compliment each other in promoting human rights. The paper argued that regional promotions and protection of human rights remains an enduring mechanisms in the advancement of the cause of human dignity around the globe. The paper adopts doctrinal research methods in its analysis by examining relevant books, case laws and statutory provisions. It concludes with recommendations that regional collaborations are capable of fostering global protection and promotions of human rights. Ultimately, efforts in this regard will guarantee stability in the enforcement of human rights within the regions and by extension around the globe.
Uche Nnawulezi & Oluwatobiloba Ifedolapo Ajayi
BRIDGING THE GAPAND HARNESSING ARTIFICIAL INTELLIGENCE FOR RURAL HEALTHCARE EQUITY IN DEVELOPING COUNTRIES: A LEGAL PERSPECTIVE
The goal of artificial intelligence (AI) is to replicate human intelligence by fusing computer science with large datasets. AI subsets are being used in practically every area of surgery and medicine. By thoroughly describing the progress made so far, the current laws, the drawbacks in AI applications, the current state of AI integration, enduring difficulties, and creative solutions to overcome them, this review aims to highlight the importance of AI in healthcare settings in developing nations and draw attention to the need for a robust legislation. The doctrinal approach was adopted to discover healthcare inequities in developing countries, medical AI in rural countries healthcare, envisioning AI-driven healthcare in rural developing regions: a transformative framework, AI Governance and Regulatory Considerations in Healthcare, challenges and limitations, and the ways in which these challenges could be overcome with a view to fostering AI adoption in developing country healthcare systems. However, AI's growing role in diagnosis, prognosis prediction, and patient management, as well as hospital management and community healthcare, has improved the efficiency of the healthcare system as a whole, thereby giving room for the urgent need for a robust legislative framework for its governance. This is particularly true in developing nations with high patient loads and resource-constrained areas where patient care is frequently compromised as a result of inadequate provisions of the law to safeguard patients' rights and provide remedies in cases of medical malpractice. The complete use of AI in healthcare is, however, hampered by a number of obstacles, such as low acceptance rates, a lack of standardised norms, expensive equipment installation and maintenance, inefficient transportation, connectivity problems, and a dearth of adequate legislative framework. AI has a bright future in healthcare despite these obstacles. In poor countries, while it is recommended that healthcare practitioners have the necessary skills and knowledge to apply AI technology in healthcare, most importantly is also the need for developing countries to enact laws specifically made for its regulation.
Onyegbule Kelechi G. & Onyegbule Ezimmadu G.
TOWARDS THE CONSTITUTIONAL REALIZATION OF SOCIOECONOMIC RIGHTS IN NIGERIAN: A JURIDICAL PARADIGN SHIFT
Economic, social and cultural (ESC) rights are rights that guarantee the material conditions necessary for human dignity and the full development of human personality. These rights are essential for the physical, mental and social well-being of all individuals. ESC rights are rights that are necessary for the full realisation of human dignity, including the right to work, education, health, food, housing, water and sanitation, and an adequate standard of living. Enforcement of economic, social and cultural (ESC) rights is however, a critical issue in human rights law. This article is aimed at appraising the juridical leverage on social policy in advancing the realization of economic, social and cultural rights in Nigeria, a nascent democracy. The article employs doctrinal methodology as a legal research that involves the systematic study of legal sources, and its use to interpret and apply the law to a particular legal problem. The study finds that, although Nigeria has made significant advances in the realization of economic and social rights through the introduction of social policies, there are still significant gaps in the realization of those rights, especially in the areas of healthcare, education, housing, and employment. It is recommended that Governments should strengthen the capacity of the judiciary to ensure that social policies are effectively implemented and enforced. There should be increased public education on the importance of economic, social and cultural rights and the role of the judiciary in their promotion and protection. The legal framework should be upgraded to ensure that the judiciary is better equipped to interpret and apply social policies in the light of international human rights standards. The article concludes that, while juridical leverage on social policies alone cannot ensure the full realization of economic, social and cultural rights in Nigeria, it can be a powerful tool in helping to bring about greater progress in this area. Thus, a progressive interpretation of the human rights norms under the constitution would provide a viable solution to this challenge.
Prof. Eseni Azu Udu; ESENI, Joyce Nnenna & Onwa Ali Onwa
PRESENT AND FUTURE PERSPECTIVES OF THE LAW OF THIRD LAW ON THE THIRD PARTY FUNDING OFARBITRATION IN NIGERIA
Third Party Funding (TPF) of arbitration has become a topical issue in global dispute resolution and is now increasingly relevant in Nigeria. The concept, which allows external financiers to fund arbitral proceedings in return for a share of the proceeds, has long been necessitated by the financial constraints faced by parties to arbitration. The COVID-19 pandemic, however, accentuated this necessity by severely impacting business capital, disrupting cash flows, and increasing the volume of disputes arising from contract breaches, business interruptions, and force majeure claims. Consequently, TPF has emerged as a vital tool not only for claimants but also for respondents seeking to mount viable defenses in arbitration. While the benefits of TPF in enhancing access to justice, ensuring equality of arms, and balancing procedural fairness are widely acknowledged, its use also reflects evolving commercial strategies for risk allocation and cash flow management. Jurisdictions such as Singapore, Hong Kong, and England have legalized or judicially recognized TPF, thereby strengthening their attractiveness as arbitral seats. Nigeria, however, has remained bound by the outdated Arbitration and Conciliation Act, which neither expressly recognizes nor regulates TPF, leaving parties to rely on common law principles. The recent passage of the Arbitration and Mediation Bill (2022) signals a significant shift, introducing statutory recognition of TPF and laying the foundation for its structured adoption. This article examines the present state of Nigerian law on third party funding of arbitration, the practical and policy considerations driving its necessity, and the future perspectives under the new legal framework. It argues that effective regulation of TPF is critical to enhancing Nigeria's competitiveness as an arbitral venue, ensuring access to justice, and aligning the country with global best practices in international commercial arbitration.
AN APPRAISAL OF THE ENFORCEMENT OF CONSUMER RIGHTS UNDER THE FEDERAL COMPETITION AND CONSUMER PROTECTION ACT, 2019: THE CHALLENGES IN ENFORCING CONSUMER RIGHTS IN NIGERIA
With the increasing rate of defective, un-wholesome and sub-standard goods/products available in Nigerian markets and its negative and deadly consequences on health, property and environment; when there are laws and institutions regulating, protecting and enforcing consumers? rights, it became imperative to research into the causes of the menace with a view to proffering solutions to curb the prevalence of the scourge. To achieve these, the conceptual method was adopted; which include the primary sources-case laws and statutes contained in existing National Laws, and secondary sources such as textbooks, articles in journals and tertiary sources internet materials. As a fact, that there are both institutional failure, to properly enforce the existing laws and the attitude of the consumer as a result of consumer apathy, lack of awareness/education of their individual rights within the ambits of the law. We also found that lack of funds and high rate of illiteracy are other limiting factors against consumer rights enforcement and protection. Further, there are many legal rules and multiple defenses in favour of the manufacturer, which incapacitates the activities of the Courts to enforce consumer rights, in case of breach brought before the Court. In conclusion, certain recommendations are proffered to curb the menace.
A COMPERATIVE ANALYSIS OF THE LEGAL FRAMEWORK ON CYBERCRIME PREVENTION IN NIGERIA WITH UNITED STATES OF AMERICA, CANADA AND EGYPT
The introduction to computers and other digital contrivance to the modern world has simplified many hitherto, laborious activities. Over the years, Nigeria and Nigerians have been constantly fingered as the main actors in cybercrime activities worldwide. Unfortunately, the situation escalated unabated for a long time partly due to Nigeria's inherent demons: corruption, poverty, lack of effective regulatory framework, etc. The Cybercrimes (Prohibition, Prevention, etc) Act of 2015 was enacted and infused with copious provisions all aimed at combating the alarming incidence of cybercrime in Nigeria. In February 2024, the National assembly enacted the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024 to improve and enhance the provision of the Cybercrimes (Prohibition, Prevention, etc) Act of 2015. Notwithstanding the amendment however, the Act is still deficient in certain material respect, which could hamper its effective implementation. Therefore, this study is an appraisal of the legal frameworks for cybercrime prevention. This research work adopted doctrinal research method in its quest to appraise the provisions of the Cybercrime Act in order to determine its efficacy in tackling cybercrime in Nigeria. It was found, among other things, that as laudable as the provisions of the Cybercrime Act are, the Act is, however, still silent on some key issues, which are paramount to its enforcement. These challenges include the absence of the definition of cybercrime, conflict with other substantive laws, and lack of vibrant coordinating body for the enforcement of the Cybercrime Act etc. It was therefore, recommended that the Act just like in the USA and Canada be brought in harmony with the provisions of the conflicting statutes, and that Nigeria should accede to international treaties on the prevention of cybercrime thereby, encouraging entrepreneurship practice among Nigerian youths.
Charity Chinedu-Uhuo & Paschal Oguguo Olebara
PURSUIT AND ARREST OF SUSPECT VESSELS AT SEA: THOUGHTS ON THE EXTRA-JUDICIAL DESTRUCTION OF VESSELS ENGAGED IN OIL THEFT IN NIGERIA
Crude oil theft has become one of the most heinous economic crimes committed against the Nigerian State. The heinousness of the crime lies in the fact that it robs the State of resources desperately needed for development. Recently, law enforcement agencies resorted to the practice of extra-judicially destroying vessels suspected to have been involved in the crime in Nigerian waters. They claim that the practice is intended to serve as deterrent. Using the doctrinal research methodology, this paper examines both municipal and international law governing the pursuit and arrest of vessels in enforcement of a coastal State’s maritime laws. It finds that there is no legal justification, whether under international law or under Nigerian municipal law, for the practice. The paper argues that however well-intended, the practice amounts to self-help by the State and portrays maritime law enforcement agencies in Nigeria as norm-disregarding institutions. The paper also examines the legal, economic and environmental consequences of destroying oil-laden vessels in Nigerian waters. It finds that the practice is not only criminal, but also robs Nigeria of revenue and pollutes the marine environment. The paper then makes prescriptions for conducting legitimate pursuit and arrest of suspect vessels in Nigerian waters.
LOCAL GOVERNMENT ELECTIONS AND ITS FAILURES UNDER NIGERIA CONSTITUTIONAL DEMOCRACY AND WAY FORWARD
The creation of local governments in Nigeria is meant to support the locals on their budding future, in a platform purposely created for representation in the political administration of a State and the Federal Government. However, over the years the position, status and particularly the autonomy of the local government as a third tier government have been a concern. Nigerian constitutional provisions pertaining to local governments laid the basis for the unhealthy interference of the state governments over local government’s election and administration. This article critically examined the pertinent issues affecting local government elections, appraising the challenges to the success of democracy and democratic governance in Nigeria particularly at the local government level and the way forward. The article revealed that democracy in Nigeria especially at the local government level has not been impressive due largely to corruption, partisan politics, upper governmental interference, lack of local government autonomy, among others. The doctrinaire research methodology was adopted as the work examined the Nigerian Constitution and other legal framework pertaining to local governments elections in Nigeria. The article concluded that the challenges of democracy in Nigerian local government are both attitudinal and institutional as it has been established that state governors are the major impeding factors against democracy at the local level. The article therefore, recommended, among others, for a constitutional amendment aimed at freeing the local government system from the control of the state with regards to their elections, powers and functions. In addition, the fight against corruption should be stretched to the local government areas while Local government officials are made accountable to the local residence.
Dr. Godwin Emeka Ngwu & Ugwu Maureen Obiageli
CONTEMPORARY REGIME OF CODES OF CORPORATE GOVERNANCE IN NIGERIA: A REBIRTH THROUGH ETHICAL FRAMEWORK
There are two categories of laws applicable to corporate law practice, to wit: general laws/principal enactment and sector-specific laws. The regime of code of corporate governance is typically an avenue to circumvent issues, which had fallen against corporate entities, which the provisions of the principal laws do not adequately provide for. The codes are however, seen as advisory templates to be adopted by corporate bodies, hence, this article looks into selected codes of corporate governance as they relate to corporate establishments in Nigeria. Thus, the revival of corporate governance in Nigeria via the application of ethical framework is the subject of this article. It is impossible to exaggerate the significance of corporate governance in Nigeria given its profound effects on both the national economy and society at large. The article explores the Nigerian ethical foundation for corporate governance and how it has changed through time. The role of different stakeholders, including the board of directors, shareholders, regulators, and the general public, in maintaining successful corporate governance is further explored in the article. The article identifies the difficulties that remain in implementing the ethical framework and suggests solutions. The article maintains that a strong ethical framework is required to fulfil the aim of reviving corporate governance in Nigeria, which is essential for long-term economic growth and development.