INTERNATIONAL JOURNAL OF LAW AND CLINICAL LEGAL EDUCATION
International Journal of Law and Clinical Legal Education (IJOLACLE) is an annual double blind peer reviewed open access journal devoted to issues of law and lawyering, legal practice and procedure, clinical teaching and legal education generally, and whose aim is to be a collection of well researched and dense materials useful mainly to law students, law teachers, legal practitioners, law makers, and judicial officers. IJOLACLE publishes a range of scholarly papers comprising reviewed articles, practice reports, procedures, law teaching practice, and case comments/reviews. IJOLACLE appears once in a year in May. The Journal is published online and in print, and is abstracted and indexed with some major indexing outfits. Articles in it appear promptly in Google scholar and some other search engines. Submission of manuscripts can be made all through the year.
TELEHEALTH IN NIGERIA: A LEGAL PERSPECTIVE
Public health care delivery in Nigeria is almost in shambles while access to private health facilities is almost beyond the reach of the middle class. This easily explains the resort to medical tourism by the wealthy in Nigeria. Telehealth has been seen by many as a ray of light at the end of the tunnel for healthcare delivery in Nigeria. Simply, telehealth is leveraging on the internet to deliver healthcare services to those in need of them. The target of this paper is an attempt to appraise the prospects and challenges of telehealth in Nigeria; existing laws regulating telehealth in Nigeria, the legal framework for telehealth in India and see how telehealth can be legally regulated to improve healthcare delivery in Nigeria.
Eyiuche Stella AHANWA; Hilary Chimezie OKOLOMA
SURROGACY, IN VITRO FERTILISATION AND CONTEMPORARY FAMILY LAW REGIME
The challenges of infertility and convenience of parents have brought about practices like surrogacy and IVF. The associated ethical and legal issues are the major concern in the contemporary law regime. Therefore, this article focused on examination of the challenges and prospects for the contemporary family law with respect to surrogacy and IVF in Nigeria. The research methodology was doctrinal using content analysis. The sources of data collection were literatures from physical library and e library. This article found that Nigerian government is not practically committed to legalization, accessibility and affordability of surrogacy and IVF. The recommendation, among others, was that the Nigerian government should be practically committed to the issue of legalization, accessibility and affordability of surrogacy and IVF in line with the contemporary family law regime. The significance has enriched stakeholders with informed approach and relevant literature in family law, human rights, as well as policy and strategic studies.
Artificial Insemination, Infertility, In Vitro Fertilisation, Surrogacy and Woman
MARITIME SECURITY ISSUES IN THE GULF OF GUINEA
The Gulf of Guinea (GoG) has gained prominence in global maritime discourse to its rich fishery and mineral resources particularly its huge hydrocarbon resources. It is said to cover a vast and diverse region and it covers approximately 6,000 km of coastline stretching from Senegal to Angola.1 It is an important shipping zone transporting oil and gas, as well as goods to and from central and southern Africa. On any one day, there are around 1,500 fishing vessels, tankers, and cargo ships navigating its waters.2 Nevertheless, the preponderance of resources and significant economic activities in the GoG has brought its attendant maritime crimes such as piracy, illegal fishing, kidnap for ransom, drug trafficking, illegal oil-bunkering consists of the attacking of vessels transporting oil and transferring the oil to the thieves’ own vessel, exploitation of maritime resources engendered by the presence of predators and pollution. These maritime security issues in this area, their causes, effects and their analysis will form the focus of this paper. In analyzing these issues, the paper concludes with an appeal to all the GoG States for unity and joint efforts in combating the problems confronting the economies of these States.
Maritime Security, Maritime Zones, Maritime Crimes, Gulf of Guinea
A CRITICAL REVIEW OF THE FREE TRADE ZONES IN NIGERIA AND THE IMPLICATIONS TO THE NIGERIAN TAX SYSTEM
Free trade zones (FTZs) present both opportunities and challenges for national development and enhanced globalised trade between foreign investors and local businesses. A Free Trade Zone is any area in a country where goods may be imported/exported without any barrier imposed by the host's customs authorities. It could also refer to a particularly chosen area within a country where regular trade barriers like quotas and tariffs are removed and the administrative restricted access is lessened in order to attract new businesses and foreign investments. At their best, the FTZs facilitate frictionless trade and manufacturing, creating jobs and economic growth for local communities. At their worst, they enable illicit trade and the laundering of criminal proceeds. In this paper, the author examines the legal framework of the free trade zones in Nigeria and the implications to the Nigerian Tax System. Over the years since the establishment of the FTZs in Nigeria, there have been lots of challenges and contentious issues with respect to the compliance of the Nigerian Tax laws and obligations by companies and individuals that claim to work within the FTZs. While the FTZ legislation has been in place for about two decades, the implementation and administration of the FTZs has left a lot to be desire on both the objectives of the zone and the revenue that should be accruable to the government. Finally, the paper examine how the tax administration and management of FTZs could be improved by implementing existing and emerging initiatives and highlight where new thinking is required to raise global standards to protect the country’s revenue capacity.
Free Trade Zone, Nigerian Tax System, Implications, Nigeria
BURIAL OF HUMAN CORPSE AT HOME AND THE MANAGEMENT OF MEDICAL WASTE IN NIGERIA: THE PERSPECTIVE OF THE LAW
In most parts of African, it is seen as taboo to speak ill of the dead. In fact, encomiums are rather poured on the dead as though it is a sacred duty. To regard or treat the dead as waste (medical) would no doubt spark off controversy and be seen virtually by most people as sacrilegious even amongst the elite. In fact, the dead in Africa, nay Nigeria, are revered and respected. Some people see the dead as intermediary between God and the living. For these reasons, corpses are buried where the relatives and loved ones would often meet to conduct prayers and sacrifices. Sound as that may look, however, it has no scientific proof. People spend huge sums of money not only in entertaining guests at burials, but in procuring expensive burial coffins. More ridiculously, in most part of Nigeria, deceased’s relations would renovate or erect new houses for the purposes of such burial. It is a practice in most part of Nigeria to bury the dead either inside residential building/rooms or within residential premises. This practice cuts across all spheres. For instance, heads of churches/founders are in most places buried within or inside their church building where worshipers go for prayers. The vexed question from this practice of burials of corpses in dwelling houses and residential areas is with regard to how the position of the law. What are the health and environmental implication of this practice? This paper adopts doctrinal method of analysis of data collected from relevant primary and secondary sources. It is revealed that the practice of home burial aside its public health hazards and dangers to the environment, is practically outlawed and illegal. This study therefore recommends, amongst other things, that human corpse be fully and specifically categorized by law as harmful medical waste requiring specific strict disposal mechanism. That will curb spread of diseases associated with human corpse.
human corpse, medical waste, pathological waste, burial at home, law
Christopher Elom ORIGBAKPOR; Jude OKOYE; Ikenga K.E. ORAEGBUNAM
ELEMENTS OF TRADEMARKS AND DESIGNS UNDER INTELLECTUAL PROPERTY LAW IN NIGERIA
Generally, intellectual property refers to the creative works of the mind. The realization that intellectual property work is akin to industrialization has long been recognised by the western world as a means of growth and development of trade and international commerce. It deals with trade marks (including the service marks), which means, except in relation to a certification trademarks, a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between goods and some person having the right either as proprietor or as registered user to use the mark whether with or without any indication of the identity of the person and means in relation to a certification trademark, a mark registered or deemed to have been registered under Section 43 of the Trademark Act, Cap 436 Laws of the Federation 1990. A trade mark is a distinctive sign which is used to distinguished the products or services of different business, while designs right protect the form of appearance eg, Spare parts, Furniture or textiles. Intellectual property consists of Patents, Design, Trade mark, Trade Secrets or confidential information and copyrights of all these elements, although copy right is regarded by many people including scholars and practitioners as the only representation or household name of intellectual property. The reasons for this view is not far fetched because as the name implies, copy right seems to be synonymous with, to the extent that even, when there is infringement on patent, industrial designs, trademarks or trade secrets right, practitioners tend to regard such encroachment as being copyrighted. The distinctiveness between these elements of intellectual property is so as to create awareness to public especially the media on the need to protect all forms of Intellectual Property Rights (I.R.P).
Distinctiveness, Intellectual Property, Trademark, Design, Nigeria
Hilary Chimezie OKOLOMA; Eyiuche Stella AHANWA
THE LEGAL APPRAISAL OF SOVEREIGN IMMUNITY UNDER CHINA’S SILK ROAD INITIATIVE AND CHINA’S ABSOLUTE IMMUNITY POSITION: THE DOUBLE STANDARDS QUAGMIRE
The People’s Republic of China (China) emerged from a socialist background with a history of absolute immunity approach to sovereign immunity. By this, the traditional position of China on the issue of sovereign immunity was that under no circumstances would the immunity of a State or a sovereign be lifted even when such State had engaged in commercial transactions. Even the signing of the United Nations Convention on Jurisdictional Immunity of States and Their Properties by China did not change this position, as was demonstrated by subsequent judicial pronouncements in China. However, the introduction of the Silk Road Initiative by China in 2013 somewhat changed China’s approach on sovereign immunity as concerns legal relationship between China and countries participating in this initiative regarding the sovereign immunity of such countries. The initiative was aimed at powering infrastructural developments and investments in Europe, Asia and Africa by China. This situation had therefore created a hypocritical posture of China on the issue of sovereign immunity whereby China upheld absolute immunity theory at home but applied relative immunity theory under the Silk Road Initiative. This work aimed at examining the traditional absolute immunity approach of China vis a vis its sovereign immunity position under the Silk Road Initiative. The objectives of the research were to highlight the sovereign immunity sovereign immunity feature of the China’s Silk Road Initiative, and to determine its consonance with China’s traditional position on sovereign immunity. The method employed in this research was a doctrinal method which involved reference to primary authorities such as case laws as well as secondary sources like relevant law text books, journal articles and online materials. It was found that while China traditionally upheld the absolute immunity doctrine, in practice, it employed the relative immunity theory in its Silk Road Initiative as a way of preventing the invocation of sovereign immunity by States participating in initiative. This work recommended that China should take step to harmonise its sovereign immunity approach in order to eradicate inconsistent or hypocritical approach on the issue. This work recommended further that China should formally move to adopt the relative immunity approach to sovereign immunity in line with the global trend.
Sovereign Immunity, Silk Road Initiative, Absolute Immunity, Relative Immunity
B. N. OKPALAOBI; Ikechukwu Okwudili ODIONU
RENEWABLE ENERGY AS AN ALTERNATIVE TO ELECTRIC POWER SUSTAINABILITY IN NIGERIA: THE NEED FOR A LEGAL PATHWAY
Over the years, Nigeria has faced the problem of inadequate electricity generation and supply. Fossil fuel has been the mainstream of energy supply and a major source of revenue to the Federal Government of Nigeria, despite being an un renewable and unsustainable source of energy which has led to emission of greenhouse gases which is unsustainable in Nigeria’s power sector. The country is yet to tap into the full benefits of renewable energies after privatization of its power sector in spite of the new global evolvement in energy sector and the growing demands for renewable energy sources, which is cheaper and more environmentally friendly compared to fossil fuel and its allied products. The research aims to examine the potential of renewable energy in Nigeria and the need for a robust legal framework on renewable energy to be effectively set up if we intend to achieve adequate electric power supply in a more sustainable way in Nigeria. This work concludes by recommending the need for a stringent enforcement of energy regulatory policies with incentives for utilization of renewable energy sources for rapid growth in the industry as it is now considered a viable solution to the energy challenges of countries including Nigeria. A specific and robust legal framework on utilization and growth of renewable energy needs to be adequate to meet the social, economic and environmental development needs of the country.
Renewable Energy, Fossil Fuel, Climate Change, Sustainable Development
Boniface Ebele EWULUM; Obianuju Chidubem AGU
INADEQUACIES IN THE LEGAL FRAMEWORK REGULATING INCORPORATED TRUSTEES IN NIGERIA
The sweeping reforms enshrined in the amended CAMA, 2020 have been widely applauded on the premise that it will undoubtedly accelerate economic growth and rapidly promote the ease of doing business in Nigeria. Though this new legislation has been touted due to the many reforms that will boost the ease of doing business in Nigeria, however, many people have heavily condemned some provisions in this extant Act, especially Part F that deals with operations of Incorporated Trustees and in fact have continued to question the adequacy of the legal framework regulating incorporated trustees in Nigeria. This paper which adopted the doctrinal research methodology analyzed the existing legal framework regulating Incorporated Trustees in Nigeria in order to determine the adequacy of its provisions. The paper found out that there are a number of inadequacies in the law in relation to Incorporated Trustees in Nigeria. The inadequacies revolve around the lack of clarity as to what amounts to misconduct or mismanagement. It was also the finding of this paper that while the Act made provision for the appointment of interim managers, it made no attempt to specify the qualifications and the procedure for such appointment by the Corporate Affairs Commission to avoid appointing one who may not have anything in common with the association to manage the affairs of the association. The writer recommended among other things that the issues of Incorporated Trustees should be completely expunged from the CAMA 2020 and place in a distinct legislation that will address the full range of issues affecting Incorporated Trustees in Nigeria. Also, an independent body different from Corporate Affairs Commission should be established for the regulation of Incorporated Trustees in Nigeria because Corporate Affairs Commission as an enforcement mechanism is inadequate having been entrusted with the enforcement of the provisions of the CAMA 2020.
Corporate Affairs Commission, CAMA 2020, Inadequacies, Incorporated trustees, Legal Framework, Nigeria
STUDENT CENTREDNESS IN TEACHING AND LEARNING PROCESS FOR EFFECTIVE PERFORMANCE
Students’ participation in teaching and learning improves standard of education and makes students to perform better academically. For a teacher to impact knowledge to the students, there are many factors involved before effective teaching and learning can take place. It is a major contemporary issue regarding the incidences of poor performance of students in academics. It is a well known fact that when the students have not learnt the teacher has not taught. However, teachers need to inculcate reading habit on themselves and the students, the need for teachers to possess good qualities, the knowledge of the different teaching methods used to impact knowledge to the students, mastering of the different learning domains which will help the teachers to have a holistic thought about education and also aid the teachers in preparing his lesson plan can never be over emphasized. These backdrops propel the researchers to tailor the aim of this study to expose the incidences of non involvement of students in teaching and learning processes which results in poor performance in education. The research methodology was doctrinal approach, using expository and analytical research design. The main sources of data collection were various legal literatures, both from the physical library and the e library. It was observed that there are poor performances of students in academics due to non involvement of students in the teaching and learning processes. Therefore, it was recommended, among others, that feminist jurisprudence, human right scholars and the government should encourage teachers to become addicted readers, engage in self development programme, involve students more in teaching and learning processes, use various teaching methods and be conversant with the learning domains. Finally, this article was made to be significant to all stakeholders in human rights, scholars and society at large.
Lecturers, Teachers, Students, Domains of Learning, Cases, Legal and Human Rights
THE PROFESSIONAL DUTIES OF LAWYER AND THE CONSEQUENT HEALTH CHALLENGES: THE NEED TO TRADE WITHIN THE HEALTH WATCH
Profession is an occupation that can claim exclusive technical competence and also adheres to ethics of professional conduct. Elsewhere, a profession is being defined as a calling in which one professed to have acquired special knowledge used by either instructing, guiding or advising others or serving them in some art. Very often, occupational groups have referred to their occupations as professions as long as members are able to come together to discuss issues of common interest. Examples of professions are Lawyers, Doctors, Engineers, Accountants, Architects and Quantity Surveyors (emphasis mine). These are professions that have quality control measures and compulsory registration of their members. Lawyers as professionals have professional duties which they must perform within a professional guided conduct, ethics and which must give rise to justice. They have these duties to the society, their clients, courts, states, professions and fellow lawyers. But in discharging these responsibilities as mortal human beings, lawyers must watch the effects and consequences of subjecting themselves to hazards, dangers and of course, denial of their body system to normal and natural rest as required by nature. It is the result of achieving these duties expected of a lawyer as a professional vis à vis the denial of their natural body to relax and rest under normal health conditions that form the precis of this paper. We adopted doctrinal methodology relying on secondary sources of data gathering. We found that lawyers while performing their professional duties must relax their bodies and be guided under health watch to be able to discharge their responsibilities to a long time. Else, they breakdown and leave these duties to someone else who understands and keep these health implications. We recommended that lawyers must watch their system and health conditions always to live to discharge these professional duties for themselves and societal development.
Professional, Lawyers, Duties, Health Hazards, Consequences
THE LEGALITY OF ONLINE ARBITRATION AGREEMENT UNDER NIGERIAN LAW
Generally, to engage in an arbitration procedure, parties must first enter into an arbitration agreement. The arbitration agreement constitutes the basis upon which the disputing parties resort to arbitration. Therefore, arbitration agreement is the bed rock of all arbitrations. It is the arbitration agreement that gives the tribunals the power or jurisdiction to arbitrate the dispute for the disputing parties. Nowadays, as society steadily moves online in all areas of human endeavours, various agreements are entered into expressly or impliedly online. Online arbitration agreement is the founding source of all online arbitrations. Its legality is sine qua non to the initiation of valid online arbitral proceedings in Nigeria. The aim of this work is to appraise the legality of online arbitration agreement in Nigeria with the objective of evaluating the Nigerian Arbitration and Conciliation Act 2004 with some selected international treaties to know whether online arbitration agreement can be considered valid under those laws. The work adopted doctrinal research methodology through library based and internet materials. The research found that online arbitration agreement is not well covered by the Nigerian legislation. It is recommended that Nigeria Legislation on arbitration should be amended to accommodate online arbitration agreement under them.
Arbitration, E arbitration, E agreement, New York Convention, Technology and E commerce
THE LEGAL CONCEPTION OF LAND, RIGHTS AND INTERESTS THEREON
Land is a great gift of nature to mankind. However, the ever increasing rise in world population tends to place great pressure on the limited available land. Considering the above, most organised societies and states have over time evolved a conception of land within their jurisdiction that further their developmental aspirations. The implication of the foregoing is that the legal conception of land varies among different jurisdictions as well as changes over time. In Nigeria, land in its legal sense is not limited to the earth surface itself but also extends to the rights which may, by law, be enjoyed over such land. The legal conception of land in Nigeria has also changed with time. It is against the foregoing background that this work conducts an inquiry into the general overview of the legal conception of land in Nigeria as well as the rights and interest thereon.
Chinedu A. ONAH; Rapuluchukwu Ernest NDUKA
THE PURSUIT OF TRUE FEDERALISM AMONG FEDERATING UNITS
Federalism is a principle of government that defines the relationship between the central government at the national level and its constituent units at the regional, state, or local levels. Under this principle of government, power and authority is allocated between the national and local government units, such that each unit is allocated a sphere of power and authority for its exclusive jurisdiction while other powers must be shared. This paper examines the path of pursuit of true federalism among federating units.
Principles, Central Government, Constituent Units, Local, State, Regional, power, jurisdiction
Rufus Olu OLAOLUWA; Lateef Ayoola OGBOYE
RETHINKING A LEGAL FRAMEWORK FOR ASSISTED REPRODUCTIVE TECHNOLOGY
Assisted reproductive technology is the various medical procedures and techniques used to assist individuals and couples achieve pregnancy especially when the conventional means of procreation fails. Assisted reproductive technology, a very important breakthrough in reproductive medicine, is one of the treatment modalities for infertility and reproductive difficulties, through which couples conceive by means other than sexual intercourse. Nevertheless, as commendable as this technology is, it raises a number of ethical, legal, social, cultural and religious issues. Although, there are existing legal frameworks regulating reproductive health in Nigeria such as National Health Act, 2004, these laws do not envisage the issue of assisted reproductive technology and the emerging trends therein. It is against this backdrop that this paper appraised the existing legal and institutional framework regulating reproductive health in Nigerian for the purpose of making a case for the enactment of new laws or expansion of existing laws to accommodate assisted reproductive technology while taking cognizance of the cultural, religious, and social peculiarities of Nigeria. The paper finds that there are no specific laws regulating the conduct of assisted reproduction in Nigeria. It is the further findings of this paper that despite the absence of these direct laws; the practice of assisted reproduction goes on in Nigeria. The result is that both couples and donors remain unprotected. To address this seeming loophole, the paper recommended among other things, the expansion of the reproductive health laws or enactment of laws in Nigeria to accommodate assisted reproductive technology, this way, couples, donors and even medical practitioners will be better protected and confident in the use of assisted reproductive technology.
Assisted Reproductive Technology, Infertility, National Health Act, Surrogacy, IVF, Conception
Ifeoma Blessing OKOYE; Chioma O. NWABACHILI
GENDER MAINSTREAMING IN DIGITAL LEGAL EDUCATION
Legal education is the fulcrum of social order. It is imperative it trends with scientific dynamics and technological advancement. However, its advancement with technology is not severed from the perennial issue of patriarchal hegemony. Thus, its contents and practices lead to gender disparity against women and the less privileged. To espouse further on the relevant concepts and related challenges, this article dwelt on in depth analysis of gender mainstreaming in digital legal education. These also defined the scope and limitation of the study. The research design and methodology was doctrinal approach, using analytical and descriptive research methodology. The main sources of data collection were various literatures, both from the physical and e library. It was observed among others that digital legal education is expansive to cover the law teaching and learning, academic scholarship, litigation, judiciary, legislation, and policy formulations and implementation which are mostly male dominance. One of the recommendations was that the stakeholders in digital legal education should be cognizance and committed to gender balance accordingly. Finally, the significance of this article is the enrichment in literature in human right, feminism, and social order.
Digital, Gender, Human Rights, Legal Education, Mainstreaming, Women
REDEFINING THE LEGAL ISSUES AND FISCAL RESPONSIBILITY CHALLENGES OF DEEP OFFSHORE PRODUCTION SHARING CONTRACTS IN NIGERIA OIL INDUSTRY
In oil exploration and exploitation, there are different forms of contractual arrangements between the host country/government and the exploration companies and one of which is the Production Sharing Contracts. This form of contract enables both parties, which is the oil producing country and the oil company, to share the risks and rewards of oil exploration and exploitation activities. In Nigeria, Production Sharing Contracts was firstly regulated under the Deep Offshore and Inland Basin Production Sharing Contracts Act of 1999 before amendments was made to the legislation in 2019. The amendments were aimed at improving the revenue position of the Nigeria government and streamline some of the lacunas observed in the 1999 Act. Undoubtedly, the proposed amendment further explicitly affects the fiscal nature of the PSC agreements between the IOCs and the Nigerian National Petroleum Corporation (NNPC), creating new obligations and royalty regimes. It is based on this premise that the objective of this paper is set. Therefore, the paper seeks to evaluate the nature and effect of the amendments introduced in the PSC Amendment Act of 2019 while highlighting some of the challenges and problems posed by the PSC Amendment Act regarding the revenue ability of the Nigerian government. The paper will also highlight some of the possible impacts on PSCs in particular and on the Nigerian oil sector in conjunction with the whole economy.
Deep Offshore, Production Sharing Contracts, Oil Industry, Legal Issues, Fiscal Responsibility Challenges, Nigeria
THE NEXUS IN PRIVATIZATION, JOB SECURITY AND STRIKE ACTION: BALANCING THE INTERPLAY BETWEEN POWER AND RULES?
Although privatization has emerged as a prominent strategy worldwide, including Nigeria, to enhance efficiency and attract investments, yet it often triggers job losses and instils a sense of insecurity among employees. In this context, safeguarding job security becomes paramount. Strike action serves as a powerful means to protect workers' interests during privatization when other channels fail. However, the legal framework surrounding strikes in Nigeria presents challenges, particularly regarding their legal status. Furthermore, the implications of this legal contraint on the effectiveness of strikes as a tool for safeguarding workers' interests remain a subject of debate. By exploring the impact of privatization on employment stability and critically analyzing the legal framework governing strikes, this research elucidates the challenges posed by the legal status of strikes in Nigeria. The research concludes that despite the procedural constraints for strikes under the Nigerian labour jurisdiction, workers can still embark on strike actions in Nigeria. This work also sheds light on the implications of recent constitutional amendments, revealing the evolving landscape for strike actions and its impact on workers' rights to strike in Nigeria.
Privatization, Job security, Strike action, Power, Rules
Iheomamere Gozie Nwankpa OKWARA; Ikenga K.E. ORAEGBUNAM
INTERNATIONAL JOURNAL OF LAW AND CLINICAL LEGAL EDUCATION, VOL 4 (2023)
EXAMINING THE LEGAL BASIS OF ESTABLISHING MENS REA AS A PRE-CONDITION FOR ATTRIBUTION OF RESPONSIBILITY TO STATES FOR ACTS CONSTITUTING INTERNATIONAL CRIMES
The concept of State Responsibility under International Law is to the effect that all states are to be held responsible for any internationally wrongful act attributed to the State. Under the concept of State responsibility, a State cannot abdicate its responsibility on the grounds that the action was the action of an individual. There has been a reluctance to hold states accountable for violations of international law where these violations are considered international crimes. This has been justified on the grounds that states lack the requisite mens rea and so cannot be held liable. This work intends to dispel that notion and show that the doctrine of mens rea applicable to municipal criminal law ought not to be applied to the doctrine of state responsibility under international law.
Mens rea, Attribution of Responsibility, International Crimes, States, Legal Basis
Chienye I OKAFOR; C E IBE; Olivia E ONWUGBENU
ENFORCEMENT OF VALUE ADDED TAX ACT VERSUS CONSUMPTION TAX UNDER THE NIGERIA LAW: THE REGISTERED TRUSTEES OF HOTEL OWNERS AND MANAGERS CASE IN PERSPECTIVE
Value Added Tax is used sometimes interchangeably with consumption tax. Whereas Value Added Tax (VAT) is charged and paid on the supply of goods and services generally, consumption tax is however imposed on the sale or use of goods and services mostly consumed in hotels, restaurants, event centres and others. The controversy over who has the power to impose VAT and not consumption tax had prolonged. The VAT by its provisions appears to have covered the field on the taxation of the supply of goods and services including consumption tax. While the states in Nigeria insist that they are entitled to the exclusion of any other body to enact laws on consumption of goods and services, the federal government insists that to the exclusion of any other body it has the power or entitled to impose and collect tax on the supply of all goods and services within the state. The work appraises this controversy and its attendant consequences. The doctrinal method of data collection was adopted and analytical approach used in reviewing the research materials like the constitution, taxing statutes, judicial decisions, textbooks, relevant journals article and internet sources. The paper discovered that the attempt by the states to collect tax and generate revenue on consumption tax greatly encroached on the operation of VAT. The operations of the VAT Act ought to be on inter-state and international trade and commerce. It was further discovered that the major sections of the VAT Act have been nullified leaving the VAT Act totally disjointed. Further enforcement of VAT Act means that a new VAT regime should be enacted. Sections 2, 4, 5, 6,7,8,9, and 11 having been nullified, the VAT Act seized to be a predominant paramount legislation over consumption tax.
Tax, Value Added, Consumption tax, residual, covering the field, imposition
A CRITICAL APPRAISAL OF THE IMPEDIMENTS TO EFFECTIVE POLICING IN NIGERIA
The role of the Nigeria Police Force in the administration of criminal justice is very vital as it represents the entry point into the Criminal Justice system. Hence, without the much needed input from the police, administration of criminal justice would be a herculean task. Unfortunately, the Nigeria Police Force has not been able to live up to expectation in providing adequate security to the nation, and finding out the reason behind this sad reality was the underlying motivation for this work. In carrying out this research, secondary sources of information and data were utilized. The findings revealed that several factors are responsible for police inefficiency and ineffectiveness, which include corruption, police-public antagonism amongst others. The work also observed that some constitutional provisions on the organizational capacity of the police have negatively affected its effectiveness. A voyage into some Commonwealth countries also revealed that these countries have various levels of local, provincial and federal police agencies and they have infused community policing philosophy into all aspects of policing. This work accordingly recommended amongst others that Nigeria adopts a more decentralized police structure that emphasizes a pro-active, problem-solving approach where the police carry out police work in close partnership with the communities they serve.
Impediments, Effective Policing, Nigeria, critical Appraisal
REGULATING ONLINE ACTIVITIES: NIGERIA TWITTER BAN IN PERSPECTIVE
The importance and deployment of Information Communication and Technology (ICT) in Socio-Economic reforms, in nation building, need not be overemphasized. The effective working of any advanced nation depends on some ICT-based platforms, hence the need for an adequate legal framework governing affairs on these spheres. In Nigeria, for instance, the government has been benefitting immensely from effectively deploying ICT to run its day to day affairs. From the introduction of BVN (Bank Verification Number), the TSA (Single Treasury Account) to the introduction of the NIN (National Identity Number), either for data capturing or revenue mobilization, has been made more effective. Having said that, the negative effects of ICT, in a growing economy like Nigeria, has become worrisome. There is need for the government of the day to live up to its responsibilities by not just churning out laws, but implementable laws devoid of breach on civil liberties. Free speech commands the same rights, both online and offline, but adequate screening and editorial measures, which such rights, hitherto, enjoyed, has been jettisoned leading to a deluge of unguarded, inciting, and inflammatory statements on different online platforms. This work aims at reviewing some legal frameworks, both within and outside Nigeria, and determining the effectiveness of these laws in policing the on-goings in the cyber-space. An analysis will also be conducted by this work, in order for the government of the day to understudy how foreign laws bothering on specific online activities were implemented and using decided cases as a case study, formulating best ways of effectively implementing our local ICT laws while bearing citizen`s civil liberties in mind.
Online Defamation, ISP Liability, Electronic Contracts, Wrap Agreements, Fundamental Human Rights
ANALYZING THE PERSISTENT CONFLICTS IN INDUSTRIAL LABOUR RELATIONS IN NIGERIA
Conflict is contemporaneous with industrial relations. The demands of labour players are asymmetrically opposed to each other. The industrial conflicts are deep-rooted and persistent in Nigeria. What are the causes of this persistency in industrial conflicts in Nigeria? Could there be an end to these conflicts? Secondary research methodology is employed in this work. It was found that actions and inactions of the employer are the harbinger of the persistency of the conflicts. Re-evaluation of the work conditions in Nigeria in juxtaposition to ILO’s standards is of the essence.
Persistent conflicts, Industrial labour relations, Analysis, Nigeria
OPEN GRAZING PROHIBITION LEGISLATION IN NIGERIA: A PANACEA FOR CONFLICT AND INSECURITY
Nigeria has in recent times witnessed increased clashes and conflicts between the farmers and herdsmen in different states of the country, especially in the Middle Belt areas of Benue, Taraba, Nasarawa, Plateau and Kaduna. The violent killings, maiming, destruction of public and private properties which has always characterized this incessant crisis has led to the enactment of laws prohibiting open rearing and grazing of livestock and the provision of establishment of ranches and livestock administration in these states and several other states of the federation. Through the doctrinal research method, this paper has found that the principal cause of the farmers-herders imbroglio in Nigeria is the struggle for scarce resources, that is land and water which has always put the duo on a collision course. Another cause may be due to the insecurity arising from the activities of Boko Haram, Banditry and cattle rustlers in Northern Nigeria. It recommends a complete and strict implementation of the open grazing laws in Nigeria to eliminate the need for the violent competition between the farmers and herdsmen for the limited land and water resources in Nigeria.
Conflict, Prohibition, Insecurity, Legislations, Farmers, Herdsmen
LIMITATIONS OF THE LEGAL AID COUNCIL OF NIGERIA: NEED FOR ACTION PLAN
Equality of all persons before the law is a notorious human right principle geared towards ensuring that all persons regardless of their financial, mental, social and political status are accorded equal protection under the law. Enjoyment of this equal protection is largely dependent on the availability of equal opportunities to access the law. Regrettably, economic inequality has hampered the accessibility of many Nigerians to the law, and invariably their right to equality before the law which has necessitated the birth of the Legal Aid Council to render help to the indigent within the justice system. Despite the establishment of the Council and the notable efforts made by it in the discharging its functions under the Legal Aid Act and other relevant laws, the gap between the objectives of the Council and their fulfilment remains conspicuously wide, hence, a study on the limitations of the Council with a view to recommending an action plan for realisation of the objectives of the Council, becomes imperative. The major challenge faced by the Council is insufficiency of funds to effectively carry out its mandate. It is, therefore, recommended inter alia, that government should step up with the budget allocated for legal aid and also liaise with non-governmental agencies for support in this area.
Legal Aid, Access to justice and Action Plan
Otitodiri ONYEMA; Linda Amarachi OTI-ONYEMA
THE IMPORTANCE OF INTERVIEW FOR DATA COLLECTION IN LEGAL RESEARCH
This paper underscores the necessity of Interview as a vital method of data collection in legal research. The paper utilizes relevant statutes, treaties, textbooks, judicial precedents/case law. The paper is indispensable due to the scarcity of materials in the subject matter coupled with the attendant challenges faced by legal researchers using interview as a mode of data collection in legal research. There is compelling need to simplify and proffer solutions to those problems to ease research work. This paper lucidly examines nature of ethical consideration in legal research, importance of data collection, types of data collection in legal research, types of interview, characteristics, merits, demerits of interview, the practice of interview, and method of data collection in legal research. The findings of this paper are Interviews may be either structured or unstructured. Questionnaires will only be utilized where a certain amount is already known about the topic being studied. The depth interview enables the researcher to tackle sensitive embarrassing topics with the individual. Depth interviews are also useful when the decisions under study are complex. The paper concluded that Interview bias is mostly due to a lack of objectivity and or failure to administer questions properly. Focus group interviews entails small groups of persons who are encouraged to treat a topic and are restrained from straying from that topic by a moderator. It was recommended that Legal researchers should be more proactive in carrying out their research work, the universities, research institutions should vigorously teach law students and future researchers how to carry out their research work, interview as a means of data collection should be encouraged in the legal profession, law researchers should compulsorily frame their questionnaires in a manner, that they are relevant to the essence of the study.
Data, Ethical, Interview, Legal Research
ADDRESSING THE LEGAL AND SECURITY IMPLICATIONS OF OUTER SPACE CONFLICTS ON INTERNATIONAL COOPERATION AND COLLECTIVE SECURITY
It has been decades ago since the adoption of various space treaties and resolutions that regulate man’s activities in outer space, yet the international legal regime governing these activities for peaceful use of outer space has remained largely un-amended. The new space era however, has experienced dramatic changes in the manners outer space is explored and used. The privatization and commercialization of space, proliferation of State and private space actors and prolonged presence of man in space were not in the purview when the current space regimes were adopted. Changes in the nature and scope of space actors and the spectre of space turning out a hippodrome for conflicts raise serious concern for the future of space activities and humanity, which the present space legal regime can no longer address. This work examines the issue of outer space conflicts and finds that outmoded, ineffective space governance regime is the bane. The work argues that issues concerning outer space security are important, not solely for the sake of the space but have far-reaching implications for global terrestrial security, as mankind increasingly rely on space for survival. Man’s growing dependence on space assets for social, economic and scientific benefits makes the space indispensable today, heightening States and other space-faring bodies’ desperation for dominance in outer space. As States intensify their space politics, space security is threatened the more, with attendant implications on international cooperation and collective security. Against this backdrop, this paper recommends the adoption of an effective and robust international space governance system that would adequately regulate State behaviours and address the intricacies of space affairs in the present space era, through a coordinated universal cooperation in form of international and interdisciplinary dialogues involving various space experts and actors.
Outer Space, Space Environment, Space Conflicts, Space Governance, International Cooperation
A REVIEW OF THE NIGERIAN BAR ASSOCIATION SEXUAL HARASSMENT POLICY 2021
Sexual harassment has been a major problem faced by legal professionals across the globe. This inordinate sexual behavior has flooded the profession with imbalanced gender ratio since it influences female Lawyers’ intention to exit the profession for an alternative job. In fact, sexual harassment has been documented as a foremost challenge tinted with negative impact, especially as it relates to career development for women within the profession. Although it is underreported due to several factors such as self-blamed, retaliation, termination, stigmatization, etc., the Nigerian Bar Association recently launched its Sexual Harassment Policy at the 61st Annual General Conference, held in Port-Harcourt, Nigeria, to create a safe workplace for all especially, female lawyers who are, or may have been sexually harassed during their day-to-day law practice. This study seeks to review the Nigerian Bar Association Sexual Harassment Policy 2021, and to possibly identify the advantages and disadvantages of the Policy. It makes suggestions for possible modification and implementation of the Policy. In achieving the aims of the study, the doctrinal research methodology was adopted and the Policy was critically reviewed.
Legal profession; Legal professionals; The Nigerian Bar Association; Sexual Harassment Policy; Women Forum
MAKING A CASE FOR THE INTRODUCTION OF TIME LIMITATION FOR COURTS’ DETERMINATION OF CASES ARISING FROM IMPEACHMENT IN NIGERIA1
Impeachment is tool in the hands of the legislature to remove Presidents, Vice Presidents, Governors or Deputy Governors from office for gross misconducts or violation of the Constitution. The power of impeachment became imperative in order to checkmate the excesses of the executives and ensure they uphold the rule of law at all times. Nigeria has witnessed several impeachments of governors and deputy governors, in some of these cases of impeachment the judiciary intervened to nullify the impeachment for being procedurally flawed. This article made a case for the introduction of time limit for courts’ determination of cases arising from impeachment. The research methodology employed in the article is doctrinal research methodology while the sources of data are primary sources from the Constitution of the Federal Republic of Nigeria 1999(as amended), case laws, and secondary sources from text books, journal articles and internet materials. The article found that there are some impeachment cases where the court upturned the impeachments on the ground that they were procedurally flawed, however, in some of these cases the embattled officer cannot reclaim the office because his term in office has elapsed before the court’s verdict, therefore, he can only get monetary compensation in form of payment of his entitlements while the people that elected him bears the agony of having their mandate wrongfully terminated prematurely. The article recommended that a maximum time limit of 60 days from the date of filing cases questioning impeachments in court to when judgment should be delivered by the trial court while the Court of Appeal should have maximum of 30 days to hear and determine appeal arising from impeachment cases.