AEFUNAI LAW JOURNAL OF PUBLIC AND PRIVATE LAW
Alex Ekwueme Federal University Law Journal of Public and Private Law (AE-FUNAILJPPL), a peer-reviewed academic publication of the Department of Public and Private Law, Faculty of Law, Alex Ekwueme Federal University, Ndufu-Alike, Nigeria. The emergence of this Journal marks a significant milestone in our collective commitment to the advancement of legal scholarship in Nigeria and beyond. As a department rooted in both tradition and transformation, we have conceived this platform to foster rigorous intellectual engagement, critical analysis, and constructive discourse on the evolving contours of Public and Private Law. Our mission is to interrogate contemporary legal issues through original research and to shape the direction of legal thought in a world increasingly defined by complexity, digital innovation, constitutional transitions, global regulatory shifts, and plural legal systems.
AFRICAN UNION POLICIES ON NON-COMMUNICABLE DISEASES: STRENGTHS, GAPS AND IMPLEMENTATION CHALLENGES
The Sustainable Development Goals adopted by the United Nations in 2015 recognizes noncommunicable diseases (NCDs) as a growing global public health crisis. Goal 3 of the SDG which seeks to ensure healthy lives and promote the well-being for all and, in particular target 3.4 aims to reduce premature NCD mortality by one-third by 2030. This paper critically examines African institutional and regulatory framework to meeting the set targets and evaluates its effectiveness of broader policy benchmarks established by the African Union and the World Health Organization. This study employs a doctrinal legal analysis to identify regulatory framework of NCDs. This research adopts doctrinal research of primary and secondary sources including legal scholarship from policy papers, commentaries treaties and international instruments for the research. The research suggests legal reforms and recommendations to strengthen the regulatory system in line with global standards.
Non-Communicable Diseases, Policy, Regulation, Governance
Aje-Famuyide Olufunke A. PhD. & Nduka C. Njoku PhD
THE JURISPRUDENCE OF CORPORATE INCOME TAXATION IN NIGERIA: A DOCTRINALANALYSIS OF BENEFIT AND ECONOMIC NEXUS THEORIES
Corporate income taxation in Nigeria has traditionally been founded on residence and source-based principles. However, evolving business models, digitalisation, and cross-border economic activity have increasingly stressed these traditional foundations. This article undertakes a doctrinal analysis of the jurisprudence of corporate income taxation in Nigeria through the lens of benefit theory and economic nexus theory, examining the extent to which the benefit theory and economic nexus theory provide a coherent justification for Nigeria's evolving corporate income tax regime, especially following the enactment of the Nigeria Tax Act 2025. Using doctrinal analysis, the paper traces the historical development of source-based taxation, critiques the limitations of traditional permanent establishment rules, and appraises the introduction of Significant Economic Presence as a modern nexus standard. The article argues that while benefit theory alone is insufficient as a tool for allocating taxing right, it stands as a compelling normative foundation for taxing income derived from sustained economic participation within Nigeria. The paper argues that economic nexus principle, as reflected in the Nigeria Tax Act 2025, represent a pragmatic response to economic digitalisation, although the success of this reform may depend on doctrinal clarity and innovative enforcement mechanism. The paper contributes to contemporary tax scholarship by creating a nexus between classical tax theories to modern digital taxation reforms in a developing economy context.
Benefit Theory, Economic Nexus Theory, Digitisation, Globalisation, Tax Sovereignty, Source-Based Taxation
ECONOMIC REVITALISATION THROUGH CONSTITUTIONAL STRENGTHENING OF FISCAL FEDERALISM IN NIGERIA
Federalism is a system of government where by governmental powers are shared between the central government and component units. Fiscal federalism represents the constitutional division of revenue and economic control among levels of government. It also mirrors the amount of fiscal autonomy and responsibility accorded to sub-national government/states/local governments. This article, therefore, examines fiscal federalism under the Constitution of the Federal Republic of Nigeria 1999 and how its improvement and implementation would contribute in solving most of the economic and security challenges bedeviling the country. The paper revealed that Nigeria has not operated as a true federation since it adopted a federal constitution. Fiscal responsibility and taxing powers still remain considerably, centralized. The practice of fiscal federalism in Nigeria has been inhibited by several factors which include the dominance of the federal government in the revenue sharing and over-reliance on the revenue from the Federation Account. The article recommends that there is the need to amend the constitution to accord fiscal autonomy to component units for economic growth and peaceful co-existence.
Fiscal federalism, Constitution and Resource control
PARTICIPATION OF VICTIMS OF CRIMES IN JUDICIAL PROCEEDINGS INNIGERIA: TOWARDS A PARADIGM SHIFT?
This article examines the involvement of crime victims in judicial process within the Nigerian context, emphasizing the evolving recognition of victim rights and the critical role they play in the criminal justice system. Historically marginalized, victims are now increasingly acknowledged as essential participants rather than mere witnesses. Ultimately, the paper answers the question of whether or not crime victims are allowed any sort of participation in judicial proceedings in Nigeria. The article explores the current legal frameworks, including the Nigerian Constitution, the Administration of Criminal Justice Act (ACJA), and the Violence against Persons (Prohibition) Act, highlighting their provisions for victim participation and rights. Despite these advancements, significant barriers remain, such as legal, psychosocial, and institutional challenges that hinder meaningful victim involvement. The paper also discusses recent reform efforts and the impact of civil society organizations in advocating for victims' rights. By adopting a doctrinal approach of methodology, the article aims to contribute to the discourse on enhancing the involvement of victims in the administration of criminal justice, by advocating for reforms that prioritize victim dignity and agency in the pursuit of justice. The paper concludes that effective victim participation not only empowers individuals but also enhances the overall integrity of the judicial process and then amongst many recommendations, the paper recommends that conscious efforts should be made in the legal systems to explicitly recognize and protect the rights of crime victims generally and in judicial proceedings particularly.
victims of crime, victim participation, victim's rights, victim-centered justice, adversarial criminal justice
CONTEMPORARY PERSPECTIVES ON THE LAW AND PRACTICE OF ONLINE SHARING PLATFORMS IN THE FINTECH AND HOUSING SECTORS IN NIGERIA
Collaborative Consumption which comprises the sharing economy, the on-demand economy and the access economy or the peer – to - peer (P2P) economy are not new. However, the technological platforms have enhanced and improved it. The paper explores the concept of trade by barter wherein you exchange with someone what you have to get what you need in return has been in existence since ages. Progressively, the introduction and innovation brought by technology has led to creation of online platforms that now makes it possible for two people who want their different needs to be met to now meet and meet their needs. The paper adopts the doctrinal methodology by examining primary and secondary sources on the subject. The paper found that even though the collaborative consumption economy is an innovation, it opens ways for some vices where the security of such country is porous and the crime rate is very high. The paper recommends that in the case of property sharing online platforms such as Airbnb, there is still need for a good background investigation of anyone that apply STR on their platform before they actually peer with the house owner this is because such person or individual can be a spy with a mission to commit crime thereafter.
Algotrading, Airbnb, collaborative consumption, Online property sharing platform, peer – to - peer (P2P) economy
Abayomi Anthony Alayoku; Omoniyi Bukola Akinola
REVIEW OF THE BOOK JUDICIAL ETHICS & CODE OF CONDUCT FOR THE NIGERIAN BENCH
The book under review is a crucial chronicle of the irreducible minimum code of conduct for judicial officers in Nigeria. Section 6 of the Constitution of the Federal Republic of Nigeria, 1999 as amended created the judiciary as an arm of government and expressly created the superior Courts with the Supreme Court as the apex Court. This book is both a fascinating and illuminating rendition of the “dos and don'ts” for the members of the Bench. As Hon Justice Amadi, JCA, adroitly put it in the Foreword at page vii, “It is the first of its kind. Most publications on the subject of this book are mostly found in seminar papers and lectures. A standard textbook like the instant one is not very common. The book is unique. It is a literary work that combines commentaries on the Code of Conduct for Judicial Officers and Code of Conduct for Public Officers in Nigeria. This book also has decided cases and incidences of disciplinary measures on different provisions of judicial codes and ethics.”
NIGERIA'S LEGAL RESPONSE TO GENDER-BASED VIOLENCE: ALIGNING NATIONAL LAWS WITH INTERNATIONAL HUMAN RIGHTS STANDARDS
Gender-Based Violence is a pervasive issue affecting individuals across the world, and it is rooted in unequal power dynamics, cultural norms, and systematic discrimination. Gender-Based Violence encompasses a range of harmful behaviours, including domestic violence, sexual assault, human trafficking and harmful practices. This study seeks to critically analyze the Nigerian Legal System's response to Gender-Based Violence, focusing on the effectiveness of current legal frameworks, the challenges faced and their implementation, and the broader socio-cultural factors that hinder justice for victims. The legal system's response to Gender-Based Violence is not just a matter of laws on paper but extends to the practical realities of how these laws are enforced, the resources available to survivors and the societal attitude that influence legal outcomes. A comprehensive evaluation of these issues is essential to understanding why Gender-Based Violence continues to thrive despite legal protections and what can be one to improve the system response.
Domestic Violence, Intimate Partner Violence, Female Genital Mutilation, Trafficking, Rape, Femicide
RETAINERSHIPAGREEMENT IN LEGAL PRACTICE: LIMITATIONS AND OPPORTUNITIES
Retainership Agreement is a contractual arrangement where a client pays a lawyer or law firm an upfront fee in exchange for guaranteed access to their legal services for a specified term. The limitation of payment for unused hour has deterred potential clients from accessing efficient legal services like Retainership agreement inspite of the benefits it promises. This paper evaluated Retainership Agreement in Legal Practice: Limitations and Opportunities and finds that the challenge of payment for 'unused hour' that confronted clients in accessing a mutually beneficial contract arrangement has already been surmounted in other jurisdictions through the use of 'Trust account' and repayment of unearned funds. A doctrinal approach of research is adopted by examining statutes, case laws, existing literature on the topic. This paper therefore recommends adoption of advance payment method in Nigeria and the use of Trust account to house client's funds until they are earned. An Intentional supervisory method by National Judicial Council on the activities of legal professionals as it relates to the use of Clients' Trust account in a Retainership Agreement is also recommended among other others.
Retainership Agreement, Legal Practice, Limitations, Opportunities, Nigeria
Chibuzo Mercy Onwuzuruoha and Omoniyi Bukola Akinola
ALTERNATIVE DISPUTE RESOLUTION AND TRANSFER PRICING IN NIGERIA
Transfer pricing disputes which are driven by the rise in cross-border transactions and aggressive enforcement by tax authorities, are increasingly becoming critical issues in Nigeria's evolving tax landscape. However, the litigation route for resolving such disputes remains arduous, expensive, and time-consuming. As global tax systems evolve, there is a growing recognition of the need for more efficient dispute resolution mechanisms. Thus, this paper explores the viability of Alternative Dispute Resolution (ADR) as a more efficient, flexible, and cost-effective mechanism for resolving transfer pricing controversies in Nigeria. Drawing on comparative experiences from jurisdictions such as United Kingdom, South Africa, and the OECD frameworks, the paper evaluates Nigeria's existing legal and institutional frameworks for tax-related ADR, including its applicability to complex pricing matters. It further analyses the benefits and limitations of tools such as mediation, arbitration, and advance pricing agreements (APAs), while highlighting the legal reforms and capacity building needed to make ADR a practical reality. Ultimately, the paper argues that embracing ADR could decongest the courts, promote timely dispute resolution, and enhance investor confidence, positioning Nigeria more favorably in the global tax environment. The paper concludes with policy recommendations aimed at mainstreaming ADR into Nigeria's transfer pricing dispute resolution regime.
Transfer Pricing, Alternative Dispute Resolution, Tax Disputes, Cross Border Transactions
Mujidat O. Subair, Selome O. Ashim & Azeez B. Adeleke
COMPARATIVE OVERVIEW OF THE CONSTITUTIONAL PROMOTION, PROTECTION AND ENFORCEMENT OF WOMEN'S RIGHTS IN NIGERIAAND KENYA
In undertaking a comparative overview of promotion, protection and enforcement of women's rights in Nigeria and Kenya, the doctrinal research method was adopted to examine relevant international instruments on women's rights and specific provisions of the national Constitutions and laws of both countries. Critical analysis and comparisons exposed that unlike Kenya, where women's rights are clearly protected under the Kenya Constitution, 2010, there is weak and uncoordinated protection and implementation regime for women's rights in Nigeria. It was noted that this dismal record of protection of women's rights exists in Nigeria notwithstanding that the principles of equality of all human beings and the omnibus principle of non-discrimination on account of sex that are engraved in the International Bill of Rights and its Optional Protocols, the African Charter and the Maputo Protocol on the Rights of Women all apply to both Nigeria and Kenya. While Kenya has a robust, clear and progressive constitutional provision for protection and enforcement of women's rights that guarantees affirmative actions which include that not more than two- thirds of the members of elective public bodies shall be of the same gender, the same cannot be said of Nigeria. It was suggested among other things that the Nigerian Constitution should be amended to adopt the Kenyan model of protection and implementation or enforcement of women's rights
affirmative action, comparative, protection, women, rights, justiciabilty
RECONCEPTUALISING COMMERCIAL DISPUTE RESOLUTION: THE ROLE OF ALTERNATIVE DISPUTE RESOLUTION IN AVOIDING CONTENTIOUS LITIGATION
The inherent complexity of commercial activities makes disputes between parties almost inevitable. Managing commercial and contractual performance involves intricate considerations of corporate and human behaviour, often leading to disagreements. Such disputes typically consume significant financial and temporal resources, potentially resulting in loss of trade, reputational damage, and strained commercial relationships. Therefore, effective dispute resolution mechanisms are essential for swift, fair settlements that preserve business relationships and optimise resource use. Traditionally, litigation has been the primary method for resolving commercial disputes. However, its adversarial nature often leads to delays, high costs, and further deterioration of already fragile business ties. In contrast, Alternative Dispute Resolution (ADR) mechanisms such as mediation and arbitration offer more collaborative, cost-effective, and time-efficient approaches. These methods can preserve valuable business relationships while avoiding the contentiousness of court proceedings. Nigeria has increasingly embraced ADR as a viable alternative to litigation, as evidenced by the enactment of the Arbitration and Mediation Act 2023 and the National Policy on Arbitration and Alternative Dispute Resolution 2024. These developments signal a commitment to modernising dispute resolution frameworks and promoting ADR literacy. This paper adopts a doctrinal research methodology, analysing statutory instruments, policy documents, and relevant case law to assess the effectiveness of ADR in commercial dispute resolution. Findings reveal that ADR mechanisms, particularly arbitration and mediation, offer faster and more cost-effective outcomes than litigation, while also preserving commercial relationships. However, challenges remain in terms of awareness, enforcement, and institutional capacity. The paper concludes by recommending the integration of ADR into standard commercial practices and calls for enhanced stakeholder education to foster a more efficient and harmonious business environment.
Nimisore Miriam Akano (Ph.D) & Hudu Ahmad
LEGALAND ETHICAL IMPLICATIONS OF ARTIFICIAL INTELLIGENCE IN NIGERIA
The 21 century has seen Artificial Intelligence (AI) emerge as a revolutionary technology that affects various sectors of the economy, healthcare, agriculture, education, and police services worldwide. Why is AI such enigmatic? Nigeria has seen a surge in the use of AI-driven systems, leading to economic development, better public service quality, and innovation. However, this development also presents complex judicial and moral problems. Data privacy breaches, algorithmic bias, accountability gaps, and the lack of clear liability frameworks are among several issues that require comprehensive governance. The main obstacle identified in this paper is the absence of a dedicated regulatory and ethical framework for the advancement, deployment, and use of AI technologies in Nigeria. The paper adopts a doctrinal methodology, drawing on current Nigerian legislation, foreign law, academic literature, and policy papers to evaluate the appropriateness of present systems. The paper's comparative legal analysis reveals significant gaps in Nigeria's legal framework, which include inadequate data protection enforcement, limited institutional capacity, and inadequate ethical oversight mechanisms for AI applications. The paper suggests that solution to these difficulties would be to create an innovative approach, detailed National AI Policy and Legal Framework to create a foundation. Moreover, the proposal suggests improved training of regulatory agents and lawyers in AI research, collaborative public-private partnerships, and the integration of international best practices focused on fairness. According to the paper, Nigeria's sustainable digital transformation can only be achieved through proactive, rights-based governance involving AI that balances innovation with legal and ethical obligations. Ethical considerations and strong legal structures can be integrated into the development of AI, enabling Nigeria to tap into its transformative potential while maintaining fundamental rights and public trust.
Accountability, Artificial Intelligence, Data Protection, Digital Transformation, Ethics, Governance, Human Rights
HEALTHCARE INEQUALITY IN NIGERIA: STRUCTURAL BARRIERS AND POLICY SOLUTIONS
Access to healthcare is a fundamental human right enshrined in the Constitution of the Federal Republic of Nigeria, yet for millions, it remains an unrealized promise. Profound disparities in healthcare quality and access persist, creating a landscape of deep-seated inequality between the affluent urban population and the impoverished rural majority. This article argues that these inequities are not accidental but are systemic, embedded within the structural fabric of the nation's socio-economic and healthcare systems. It provides a critical analysis of the primary legal and policy frameworks designed to ensure equity, including the National Health Act 2014 and the National Health Insurance Authority Act 2022, and finds their efficacy critically undermined by failures in governance, funding, and implementation. By dissecting these structural barriers, from geographical isolation to socio-cultural norms, this paper exposes the gap between legislative intent and the reality of healthcare delivery. Ultimately, it proffers a comprehensive policy framework aimed at dismantling these barriers to advance the goal of true health equity for all Nigerians.
National Health Insurance Authority Act 2022
LOCALISING CHILD RIGHTS IN POST-CONFLICT SETTINGS: A DOCTRINALANALYSIS OF BORNO STATE'S CHILD PROTECTION LAW, 2021
Children in Borno State have endured prolonged armed conflict, displacement, and institutional breakdown, making effective legal protection both urgent and complex. In response, the Borno State Child Protection Law, 2021 was enacted to localise child-rights guarantees within this fragile context. However, questions remain as to whether the Law is constitutionally sound, harmonised with federal child-rights legislation, and capable of delivering meaningful protection in practice. This article examines the Law's normative coherence and implementation potential. Adopting a doctrinal (blackletter) research methodology, it analyses the statute against the 1999 Constitution of Nigeria, the Child Rights Act 2003, and Nigeria's international obligations under the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. The analysis shows that the Law broadly aligns with constitutional and treaty standards and innovatively integrates Sharia and customary norms with universal child-rights principles, while incorporating conflict-sensitive measures such as prohibitions on child recruitment and mechanisms for emergency protection, care, and rehabilitation of displaced children. Nonetheless, the study identifies significant implementation challenges, including vague statutory provisions, plural-law tensions, weak institutional capacity, limited federal–state coordination, and reliance on unstable donor-driven financing, with insufficiently articulated safeguards for internally displaced children and children with disabilities. The article recommends targeted legislative clarification, institutional strengthening through specialised courts and trained child-welfare personnel, establishment of a ring-fenced Child Protection Fund, sustained engagement with religious and traditional leaders, and improved monitoring and independent oversight. It concludes that addressing these gaps is essential to transforming the Law from a formal legal framework into an effective protection mechanism and a replicable model for sub-national child-rights governance in post-conflict settings.
Borno State, Child Protection Law, Children's Rights, Nigeria, Sharia and Customary Law, Child Rights Act (CRA) 2003, Conflict-Affected Regions, Internally Displaced Children (IDPs), Child Trafficking, Legal Reform
Abba Amsami Elgujja, Umar Alkali, Hauwa Abubakar
APPLICABILITY OF ALTERNATIVE DISPUTE RESOLUTION (ADR) IN TERMINATION OF CONTRACT OF EMPLOYMENT DISPUTES: AN EXAMINATION OF NIGERIAN AND SOUTH AFRICAN EMPLOYMENT LAWS
ADR refers to a group of voluntary processes that seek to resolve a disagreement other than through court or employment tribunal proceedings. Employee-employer disputes, or even disputes between employees and their co-workers, are unavoidable in the workplace. The goal of any employment conflict resolution system should be to restore healthy employment relations through an effective, efficient, and fair settlement of workplace problems. This research intends to examine the application of ADR in the termination of contract of employment dispute within Nigeria and South African employment laws and aims to examine the application of Alternative Dispute Resolution (ADR) in Termination of Contract of Employment Disputes with focus on employment laws of both jurisdictions. The principal objective of this research is therefore to compare the ADR in termination of contract of employment disputes available in Nigeria and South Africa. The study adopted the doctrinal legal research and the research found that South Africa has a better legal framework on the application of ADR in the termination of contract of employment disputes than the Nigerian jurisdiction. Conclusively, Nigeria and South Africa have distinct legal systems; both countries recognize the importance of ADR in resolving employment disputes swiftly and equitably. This research recommended better integration of ADR into legal frameworks, especially the National Industrial Court.
ADR, Nigeria, South Africa, Ubuntu, National Industrial Court, Termination of Contract of Employment Disputes
Dr. Prince Pius Imiera, Dr. Bamisaye Olutola, Dr. Osadare Kehinde Michael, Emmanuel Adaramola Opeyemi and Precious Onasanya
PROCEDURE FOR MERGERS UNDER THE INVESTMENT AND SECURITIES ACT 2025 IN CONNECTION WITH THE FEDERAL COMPETITION AND CONSUMER PROTECTION ACT 2018
This article examines the procedure for mergers of companies in Nigeria as provided under the Investments and Securities Act 2025 (ISA 2025) and the Federal Competition and Consumer Protection Act 2018 (FCCPA). The issue addressed is the lack of clarity and harmonisation in Nigeria's dual regulatory framework for mergers: while the SEC focuses on shareholder protection and procedural fairness, the FCCPC assesses competition and consumer welfare. This overlap often results in duplication, uncertainty, and increased transaction costs. The research adopts a doctrinal legal method, relying on statutory analysis, case law, and scholarly commentary to assess the merger framework under both Acts. The findings reveal that although the ISA 2025 has restored SEC's statutory footing over public company mergers, it does not displace the FCCPA's jurisdiction, thereby sustaining the dual-approval requirement. While this protects both investors and markets, it may result in more extensive compliance and longer approval timelines. The article concludes that harmonisation is imperative. Joint guidelines, a one-stop notification system, and clearer demarcation of powers between the SEC and FCCPC would streamline the process, preserve both regulators' mandates, and improve Nigeria's attractiveness to investors.
Merger, Regulation, Shareholders, Competition
REIMAGINING THE RULE OF LAW IN NIGERIA: ENVIRONMENTAL JUSTICE, GENDER EQUALITY, AND DEMOCRATIC RENEWAL
Nigeria's democratic experience exposes a profound paradox. Despite a growing body of environmental and gender legislation, the realities of pollution, poverty, and exclusion persist across the country. This paper explores how these contradictions reveal the moral and institutional weakness of the Nigerian state, arguing that extractive dependence, corruption, and patriarchal governance have stripped the rule of law of its ethical substance. Drawing on feminist legal theory, postcolonial critique, and environmental justice scholarship, it advances the idea of a Gendered Environmental Rule of Law as a framework for restoring legality as a force for care and accountability. Using doctrinal and comparative analysis, the paper examines the Climate Change Act 2021, the Petroleum Industry Act 2021, and the National Gender Policy 2021 alongside judicial precedents and the experiences of South Africa and Ghana. These comparative insights illustrate that democratic legitimacy grows stronger where rights are enforceable, participation is genuine, and justice extends to both people and the environment. The findings show that Nigeria's regulatory agencies remain politically constrained and under-resourced, leading to weak enforcement and deepening public distrust in legal institutions. The paper concludes that Nigeria's democracy cannot be renewed through electoral procedures alone; its survival depends on embedding environmental protection and gender equality within the moral foundation of the rule of law and in the lived practices of governance.
Rule of law, Nigerian environmental justice, gender, democracy, postcolonial governance
THE ROLE OF INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) IN JUDICIALADJUDICATION OF ELECTORAL DISPUTES IN NIGERIA
Since the Independent National Electoral Commission, hereinafter referred to as INEC was established by the Constitution of Federal Republic of Nigeria, 1999 (as amended), this important executive body has been on hot seat and x-ray of the people of Nigeria and the international community. This study considered the role of INEC in judicial adjudication of electoral disputes in Nigeria. INEC is empowered to organize, undertake and supervise all elections to offices of President, vice President, Governor, Deputy Governor, membership of senate, House of Representatives and House of Assembly of each state of the Federation among other functions. The study identified and analyzed the role of INEC as a Respondent or Defendant in judicial adjudication of electoral disputes in Nigeria. The study further identified and analyzed how the role of INEC has impacted on judicial adjudication of electoral disputes in Nigeria. The study adopted the doctrinal method of legal research by examining and analyzing constitutions, statutes, books, views of authors, journal, dictionaries, conference papers, dailies, periodicals, websites etc and inferences were drawn from some selected election petition cases both reported and unreported which showed the role of INEC in judicial adjudication of electoral disputes in Nigeria. The study concluded and recommended that there is need to ensure that INEC should be granted full administrative and financial autonomy, well funded with capacity to prosecute electoral offenders and play its role as Respondent in electoral adjudication. Electoral offenders tribunal should be established to enable INEC fast track the prosecution of electoral offenders. There should be legislative reform mandating INEC to provide certified true copies of results and materials used for conduct of election to parties in electoral disputes adjudication within three days of declaration of result of election. The legal framework should be amended to make INEC share the burden of proof of electoral malfeasance with the petitioner in electoral disputes and it was suggested that there should be constitutional amendment to enable INEC conduct full electronic elections and defence in electoral disputes.
electoral disputes, election petitions, judicial adjudication, electoral justice, Nigerian electoral law, democratic governance, rule of law
Osaro Osemwegie; Prof. O. G. Izevbuwa; Prof. Joseph Nwazi
A COMPARATIVE ANALYSIS OF THE PROTECTION OF SOCIO-ECONOMIC RIGHTS IN NIGERIAAND SOUTH AFRICA
Socio-economic rights (SERs) are essential for human dignity and the realization of justice and equality. Enforcement of socio-economic rights is a panacea to deluge of agitations over bad governance in many underdeveloped countries. While both Nigeria and South Africa recognize these rights in their constitutions, their approaches to protection and enforcement diverge significantly. This paper aims to provide a comparative appraisal of the constitutional, judicial, and institutional frameworks for the protection of socio-economic rights in both countries. It highlights South Africa's robust enforcement mechanisms, especially its justiciability model in contrast with Nigeria's more aspirational and non-justiciable treatment of SERs under its Constitution. The doctrinal research methodology was employed in this study wherein primary sources (statutes, case laws, etc.) and secondary sources (textbooks, journal articles, newspapers, dictionaries, encyclopedias etc.) were used. The paper recommends reforms for Nigeria that draw lessons from South Africa's experience to enhance the enforceability of socio-economic rights. Key amongst the recommendations is an urgent need to amend Section 6(6)(c) of the 1999 Constitution (as amended) to expressly confer justiciability status on socio-economic rights in Nigeria. The above will empower the courts to hold the State accountable for its socio-economic obligations and provide legal remedies for rights violations.
Socio-economic rights, enforceability, availability, acceptability and adaptability
ADMINISTRATIVE INJUSTICE IN NIGERIAN EMPLOYMENT LAW: THE ROLE OF FAIR HEARING IN DISCIPLINARY PROCEDURE
Administrative injustice remains one of the most pervasive challenges in Nigerian employment law, particularly in the context of disciplinary procedures. While the Nigerian Constitution (1999, as amended) and statutory frameworks guarantee the right to fair hearing, the lived reality of many employees both in the public and private sectors reflects persistent violations of procedural justice. Workers are often dismissed without query, suspended without due process, or subjected to biased disciplinary panels. This article interrogates the role of fair hearing in curbing administrative injustice within the Nigerian employment framework. Drawing on constitutional provisions, the Labour Act, staff regulations, and judicial pronouncements of the National Industrial Court of Nigeria (NICN), the article examines how principles of natural justice especially audi alteram partem and nemo judex in causa sua are applied in disciplinary contexts. It highlights the divergence between statutory employment, where strict compliance with disciplinary procedures is mandatory, and master–servant relationships, where remedies are largely limited to damages. The paper further explores how administrative injustice manifests in arbitrary dismissals, denial of defense opportunities, and selective enforcement of disciplinary rules. Using comparative insights from the United Kingdom and South Africa, the article underscores the importance of codified disciplinary standards, accessible grievance mechanisms, and capacity building for disciplinary panels. It concludes by recommending reforms, including a unified employment code, broader application of fair hearing principles to private sector employment, enhanced dispute resolution mechanisms, and stricter sanctions for employers who violate procedural safeguards. By situating fair hearing as both a constitutional right and a moral imperative, the article argues that its effective enforcement is essential to mitigating administrative injustice, fostering industrial harmony, and promoting justice in Nigerian workplaces.
Administrative Injustice; Fair Hearing; Disciplinary Procedure; Nigerian Employment Law and Industrial Relations
REGULATING DIGITAL LENDING AND FINTECH CREDIT PLATFORMS IN NIGERIA
The impact of technology in the financial world today is enormous. While financial inclusion is targeted by the government, digital financial services continue to proliferate. However, the system faces significant consumer protection challenges that threaten the very foundation of trust upon which sustainable financial inclusion depends. Regulating digital lending and FinTech Credit Platforms in Nigeria is the thrust of this paper. It finds that the Regulations for digital lending platforms in Nigeria are adequate but are not efficacious enough to deter fraud and adequately protect consumers. The financial inclusion objective envisaged by the Federal government by the year 2030 hangs in the air if the predatory credit providers are not checked by regulation. Adoctrinal approach of research is adopted by examining statutes, case laws, existing literature on the topic. This paper recommends among other, an interest rate ceiling for digital lenders to deter predatory lending. Regulators must enhance enforcement capacity, harmonize overlapping mandates, and leverage technology for better supervision. Digital credit lender and Fintech credit platforms must embrace consumer protection as a core business value.
Digital Lending, Fintech Credit Platforms, Consumer Protection, Financial Inclusion, Nigeria
CORRUPTION IN NIGERIA POLICE FORCE AND INSECURITY: IMPACT ASSESSMENT
Corruption is a form of dishonesty or a criminal offence which is undertaken by a person or an organization that is entrusted with a position of authority in order to acquire illicit benefits or abuse of power for one's personal gain. This paper examined the web of corruption in the Nigerian Police with a view to determining its impact on the society visa-vis internal security of Nigeria. The study found out that police corruption in Nigeria is structural as part of the wider wed of corruption in Nigerian. The paper also showed that poor working condition, poverty, poor police recruitment policy, ethnicity among other factors contribute to police corruption. Hence, the situation has undermined the institution. The paper concluded that police corruption in Nigeria is a major challenge to the institution, society and internal security of Nigeria. It then recommended an outright overhauling of the institution in which adequate and regular welfare packages for policemen and raising of professionalism stake within the Nigeria police will be paramount to enable the police perform her duties of protecting the lives and properties of the citizens of Nigeria, and making the citizens have confidence in the police by avoiding involvement in extra-legal actors.
Police, Corruption, Insecurity and Crime
INFORMED CONSENT IN MEDICAL PRACTICE: A COMPARATIVE ANALYSIS OF NIGERIAN AND SOUTH AFRICAN LEGAL FRAMEWORKS
This study undertakes a comparative analysis of the legal frameworks governing informed consent in medical practice in Nigeria and South Africa. The objectives are to examine the concept of informed consent, its essential conditions, and the process involved; to investigate the legal frameworks regulating informed consent in both countries; and to compare and contrast their approaches. Using a doctrinal research methodology, this study reviews relevant statutes, case law, and academic literature from both countries. Data collection involved an exhaustive analysis of primary and secondary sources. The findings reveal significant differences in the legal frameworks, including the scope of disclosure, the role of family members, and the standard for determining capacity. The study also identifies areas of convergence and highlights the implications for medical practice and patient rights. Based on the findings, this study recommends the development of clear guidelines for informed consent in Nigeria and increased public awareness campaigns in both countries to promote patients' understanding of their rights and responsibilities in medical scenarios.
Informed Consent, Medical Practice, Legal Frameworks, Nigerian and South African
Onyegbule Kelechi G., Ekezie Kingstonjoe Onumajulu, C. K. Nnabugwu
POWER OF COURT TO SET ASIDE JUDGMENT OFANOTHER COURT OF COORDINATE JURISDICTION- A CONTEMPORARY REALITY CHECK
It is trite law that no Court has the power to review or upturn the judgment or decision of another Court of coordinate jurisdiction. It is judicial rascality for a Court to negate this hallowed principle. Nevertheless, this principle has often presented a problem in the adjudication ecosystem as it would appear to admit of no exceptions. This paper deployed the doctrinal research method to critically examine statutory provisions and judicial decisions on the subject matter. The paper confirmed that it is a taboo in judicial circles for a Court to sit on appeal or review the judgment of another Court of coordinate jurisdiction. Nonetheless, the paper found out that, in the interest of justice, a narrow window allows a Court to review or upturn the judgment of another Court of coordinate jurisdiction such as where (a) the writ or application was not served on the other party (b) the Court lacks jurisdiction or (c) there is a default judgment. Given this legal reality, the paper recommended that in order to preserve the principles of hierarchy of Courts, a Court should seldom seek to review or upturn the judgment of another Court of coordinate jurisdiction. Except where there are cogent grounds warranting same, party dissatisfied with the judgment should proceed on appeal to a higher Court instead of approaching another Court of coordinate jurisdiction.
coordinate, court, jurisdiction, nullity, set aside
COMPARATIVE ANALYSIS OFTHE LEGALAND INSTITUTIONAL FRAMEWORKS FOR VICTIM COMPENSATION IN NIGERIAAND UNITED KINGDOM
Nigerian laws recently made provisions for victim compensation through statutes such as the Administration of Criminal Justice Act 2015. This is because, over the years, Nigerian criminal justice system has, as a result of this however, become punitive and its operators have grown increasingly insensitive to the plight and distress of victims of violent crimes. This paper explores the adequacy or otherwise of the legal and institutional framework for victim compensation within the Nigerian criminal justice landscape in comparison with the United Kingdom. The paper adopts the doctrinal methodology by examining existing legislation, case laws and the legal regime in UK. The paper recommends for a major policy reform for a body fully dedicated to care and rehabilitation of victims of crimes other than focusing on punishment of the convict. The paper finds that UK have a more robust mechanism for ensuring victim compensation from which Nigeria should draw workable lessons from.
Institutional framework, Legal framework, Victims of crime, Victim compensation
JURISPRUDENCE AND PROCEDURE OFADJOURNMENT UNDER THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015
The procedure for adjournment in criminal trials is often misunderstood to have no constitutional or statutory backing thereby implying that a Judex can use his whims to decide whether to grant or refuse an application for adjournment. To untangle this legal maze, this paper deployed the doctrinal research method to examine provisions of both the Constitution of the Federal Republic of Nigeria, 1999 as amended and the Administration of Criminal Justice Act, 2015 on the import or meaning of the right of every person who is charged with a criminal offence to be given adequate time and facilities for the preparation of his defence. Plethora of relevant judicial decisions were also considered. The paper established that adjournment during trial is both constitutional and statutory and may be granted either upon application of party or under specific provisions and circumstances itemised in the Administration of Criminal Justice Act, 2015. The paper further established that adjournment is of crucial importance in criminal adjudication although its grant or refusal is a judicial discretion that must be exercised judiciously. Hence, the paper recommended digitization of Court processes to minimize manual writing, associated time wasting and tedium that often defeat speedy dispensation of justice.
adjournment, consequences, justice, opportunity, time
AEFUNAI LAW JOURNAL OF PUBLIC AND PRIVATE LAW, VOL 1 NO 2, DECEMBER 2025
AN APPRAISAL OF THE CONSTITUTIONAL SAFEGUARDS FOR THEINDEPENDENCE OF THE JUDICIARYAND ITS APPLICABILITY IN NIGERIA
The independence of the Judiciary, often a resounding phrase alluding to the imbued character of the judicial arm of government to interpretation of statutes and adjudication on matters before it devoid of adverse external influence from either the Executive and legislative arms of government, or influential members of the society and organizations. The safeguards are copiously enshrined in the Constitution of the Federal Republic of Nigeria (CFRN) 1999 as amended and given relevance by Courts in Nigeria. This study appraises the Constitutional safeguards in order to espouse the extent of its applicability in the Nigerian judicial landscape. The doctrinal research approach is adopted in this study and primary and secondary legislative sources are heavily depended upon. Findings reveal that there are veritable and vivid Constitutional provisions to ensure the independence of the judiciary in Nigeria, though inadequate, the independence is scuttled by the Executive and Legislative arms of government through threats, denials and other unconstitutional means in a bid to have total political control of Nigeria. More so, such social vices as corruption and undue political pressure are also found to be endemic challenges undermining judicial independence in Nigeria. It is recommended therefore that structural reforms and socio-cultural shifts that supports the judicial role as a guardian of democracy and human rights in Nigeria be encouraged to achieve a truly independent judiciary.
THE FOUNDATION OF DATA PROTECTION: EXPLORING NIGERIA'S KEY PRINCIPLES
In today's digital landscape, safeguarding personal data has become a pressing concern for individuals, businesses, and the government. This paper explores the fundamental principles of data protection as established by Nigeria's Data Protection Act (NDPA) of 2023. It delves into the core principles of data protection as contained in the NDPA, including lawfulness, fairness and transparency; purpose limitation; data minimization; accuracy; storage limitation; integrity and confidentiality and accountability. With reference to other jurisdictions like Europe, a comprehensive analysis of these principles was made, highlighting their significance in the Nigerian context and their role in ensuring that data controllers and processors operate in compliance with required standards. The NDPA marks a crucial shift in Nigeria's approach to data governance, enhancing the rights of data subjects while fostering accountability in the handling of personal data. This analysis provides insight into how these principles aim to balance privacy protection with the operational needs of organizations, thereby strengthening trust and security in Nigeria's growing digital economy.
Emmanuel Tochukwu OKPARA & Onyegbule Kelechi G.
RULE OF LAW, HUMAN RIGHTS, AND NATIONAL SECURITY: AN OVERVIEW OF THE NIGERIAN PERSPECTIVE
The relationship between the rule of law, human rights, and national security is a complex and often contentious issue, particularly in Nigeria, where political instability, insurgency, and terrorism have posed significant challenges to governance and security. The interplay between the rule of law, human rights, and national security is a critical aspect of governance in Nigeria. While the rule of law ensures justice, fairness, and accountability, human rights provide individuals with fundamental freedoms and dignity. National security, on the other hand, seeks to maintain stability and protect citizens from internal and external threats. However, in Nigeria, these three elements often clash, especially in times of security crises and governance challenges. This article explores their intersection, the challenges faced, and possible solutions for balancing national security with respect for human rights and adherence to the rule of law while exploring the delicate balance between safeguarding national security and protecting human rights within the Nigerian context. It examines how the rule of law acts as a foundation for ensuring justice, accountability, and protection of individual rights, while also addressing the role of national security in maintaining state sovereignty and public order. The Nigerian government's approach to security, especially in the fight against Boko Haram, herder-farmer conflicts, and other insurgent groups, has led to human rights violations, including arbitrary arrests, torture, and extrajudicial killings. These tensions have raised critical questions about the legitimacy of state actions and the need for legal frameworks that respect constitutional rights while ensuring effective national security strategies. By analyzing legal instruments such as the Nigerian Constitution, international human rights laws, and national security policies, the paper assesses how Nigeria can strike an equilibrium between these two often conflicting priorities. It also reflects on the role of civil society, international actors, and legal reforms in promoting a system where the rule of law and human rights are upheld even amidst national security concerns.
Egondu Grace Ikeatu, PhD; Eyiuche Stella Ahanwa PhD; Ikechukwu Lucky Maduemezia