INTERNATIONAL REVIEW OF LAW AND JURISPRUDENCE (IRLJ)
International Review of Law and Jurisprudence (IRLJ) is a scholarly, peer-reviewed and fully refereed journal that publishes high quality research papers in law and jurisprudence including sociolegal issues of contemporary significance. The Review is abstracted and indexed with Google Scholar. IRLJ seeks for papers based on doctrinal or empirical or mixed research methodologies. It provides a forum for theoretical cum policy analysis, debate and critique aimed at solving developmental problems. The Review is also dedicated to presenting and reporting research findings on system-wide trends on law and jurisprudence, international or municipal. Well researched and original papers on topical and relevant subject matters, and case/book reviews are therefore welcome. IRLJ appears three times a year in January, May and September, which articles promptly appear in Google scholar. Submission of manuscripts can be made all through the year.
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED): THE WILL OF NIGERIANS?
The search for an autochthonous Constitution for Nigeria has always been a teething problem since inception of Nigeria in 1914. Almost all the Constitutions so far enacted in Nigeria lacked autochthonous nature of a valid Constitution and due process in constitution-making. Thus given rise to so many deficiencies and many Constitutions enacted in the polity being rejected and jettisoned soon after the enactment, and a quest for another new Constitution pursued. The object of this paper is therefore, to examine in a global perspective whether the Constitution of the Federal Republic of Nigeria, 1999, (as amended), is the will of the people. To examine this, the paper adopted the doctrinal methodology using primary and secondary sources of information supported with a historical and a comparative analysis to drive home the points. To this end, it is sadly discovered that the Constitution of the Federal Republic of Nigeria, 1999, (as amended), is not the will of the people, and so face more or less disobedience than obedience to the provisions of the Constitution. It is therefore, recommended among other things, that immediate replacement of the Constitution that will emanate from the people is of essence. This could be achieved by creating an interim Constitution which will guide the people while a constituent assembly that will emanate from the people is constituted to draft a Constitution which will reflect the desires and aspirations of the people and which will also at the end be thrown back to the people through referendum and later adopted based on people’s will.
Constitution of the Federal Republic of Nigeria 1999, Will of the People, Preamble, Federalism
AN APPRAISAL OF THE LEGAL DISPENSATION FOR OIL SPILL COMPENSATION IN NIGERIA
Oil spillage is an inevitable consequence of oil production when viewed from the background of possible risks such as accidents or negligence. When the spills occur, harm is occasioned upon the environment and the livelihood of the people living in impacted communities. There are statutory provisions that enable the assessment and payment of compensation for oil spills However, the legal framework for the assessment and payment of compensations for oil spills in Nigeria is not clear and are not found in one enactment. Although oil spill attracts compensation, the Courts have found it difficult to develop a consistent and acceptable scheme towards compensation for oil spillage victims. There are fragmented extant laws that provide for such compensations. This paper examines the extant legal framework for compensation for oil spills. The paper found that the legal framework for compensation for oil spills is still at its embryonic stage in the country. The paper also found that the bill that presents credible provisions for compensations of oil spills have been approved by both chambers of the National Assembly but has equally been denied presidential assent. The paper further found that the conferment of powers on the Minister for Petroleum Resources under the Petroleum Act for making regulations for the effective implementation of the Act has been misconstrued to mean the exclusion of the legislature from making laws for the regulations of pollution arising from the oil and gas sector.
Oil Spill, Compensation, Damages, Amendment Bill
CHALLENGES OF PIRACY IN THE TWENTY FIRST CENTURY AND TREATY PROVISIONS RELATING THERETO UNDER THE UNITED NATIONS CONVENTION ON LAW OF THE SEA 1982
This paper attempts to critique the prevailing concept of piracy as contained in the Law of the Sea Convention 1982 in order to see whether the provisions contained therein are sufficient to meet the present challenges of piracy especially the glaring problems of sanctity of the sovereignty of coastal States over their territorial seas and a seeming lack of political will to prosecute pirates. In doing this, the paper looks at the concept of piracy as it was understood from old times, through the period of privateering to the modern era of international treaties culminating in the Law of the Sea Convention 1982. It specifically x-rays the modern day treaty provisions of what amounts to piracy, highlighting its elements as contained in the law and juxtaposing same with the reality of the modus operandi of modern day deprecators by sea. In particular, the study comments on the geographical requirement of the offence and the academic fireworks generated by phrase ‘for private ends’, with this writer showing a bias for the argument that the phrase means actions without State sanction and nothing more. Finally, the study examines the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (hereinafter, SUA Convention) and its test case applicability in United States v Shi.
Piracy, Treaty, United Nations Convention on the Law of the Sea 1982, 21st Century
AN APPRAISAL OF EXISTING LEGAL FRAMEWORK AIMED AT COMBATING HUMAN TRAFFICKING IN NIGERIA
Human trafficking is the recruitment, transportation, harboring or receipt of persons by means of threat or use of force or other forms of coercion, abduction, deception, or the abuse of power of a position, receiving of payment or benefits to achieve the consent of persons, for the purpose of exploitation. This paper dissects the existing legal frame works that provide for the prevention and protection of human trafficking. The paper observes that human trafficking is a global phenomenon that violates the right of the victims. Due, to globalization every continent of the world is involved in human trafficking, including a country as small as Iceland. The work further observes that 80% of those that are trafficked are women while over 50% are children. Apart from women and children research shows that pregnant mothers are trafficking for their new born. The work further reveals that trafficking is one of the fastest growing organized crime with an estimated 1.2 million victims. The study shows that human trafficking not only involves sex and labour, but people are also trafficked for organ harvesting. Furthermore, the paper discovers that apart from transporting their victims outside the border that human trafficking exist internally in Nigeria. Hence, children are transmitted from the rural areas to commercial cities like Lagos, Port Harcourt, Abuja etcetera for domestic services and sexual exploitation. Furthermore, the work observes that human trafficking has serious health implications such as sexual transmitted diseases like HIV, psychological trauma, suicidal tendencies and death. Hence, despite international, regional and domestic, framework, human trafficking still thrive in Nigeria due to so many factors such as lapses in our laws, corruption ,poverty, lack of education et cetera. The work recommends that, legislations that provides for the protection against human trafficking should be reviewed particularly Chapter (11) 1999 Constitution (as amended) should be shifted to Chapter (iv) so that the girl child can enjoy the rights to education and health without inhibition. The government should beef up monitoring structures at the boarder and sack officials that aid in human trafficking. Also, every traditional and cultural practice that fuel trafficking should be jettisoned.
Human Trafficking, Legal Framework, Nigeria, Appraisal
A HUMAN RIGHTS APPROACH TO CYBER CONFLICT
In recent years, it has become apparent that conflict in cyberspace, attacks on cyber users has remained unabated. Conflicts in cyberspace refer to actions taken by parties to a conflict to gain advantage over their adversaries in cyberspace by using various technological tools and people-based techniques. Thus, conflict in cyberspace is different from conflict in physical space in many dimensions, and however, attributing hostile cyber operations to a responsible party can be difficult. This paper focuses on the importance of a human right approach to addressing these challenges, relying on the highest attainable standard of cyber operation as well as to civil and political rights. This paper also observed that the problems of defending against and deterring hostile cyber operations have remained intellectually unresolved. This paper in particular examines the United Nation Charter and the Geneva Convention that are relevant to cyber operations as a normative framework. Thus, it is noted that the relevance of the above conventions is today unclear since cyberspace is a new phenomenon compared to these conventions.
Human Rights, Cyber, Conflict, Approach, Cyber space
ENVIRONMENTAL IMPACT ASSESSMENT AND ITS IMPLICATIONS ON THE HOUSING SECTOR IN NIGERIA
Environmental Impact Assessment (EIA) is necessary to foster sustainable development by providing guidelines that will enable large scale development to protect vital resources and ecological functions or the wellbeing, lifestyle and livelihood of the communities who depend on them. This paper has considered environmental impact assessment in Nigeria through the lens of the Environmental Impact Assessment Act 1992. The study found that the Act is a response to agitations and advocacy on the global landscape to ensure sustainable development. EIA strikes a balance between development and environmental protection. Although the process is still evolving in Nigeria, there are pros and cons of the full implementation of EIA on Nigeria’s housing sector.
Environmental Impact Assessment, Housing, Implications, Nigeria
REQUIREMENT OF CONSENT IN THE ALIENATION OF INTERESTS IN LAND IN THE FEDERAL CAPITAL TERRITORY, ABUJA: THE CASE OF UNA V ATENDA REVISTED
The Land Use Act, 1978, has streamlined the interest one may hold in land in Nigeria to an occupational interest for a term of years. The Governor of each of the states of the Federation holds land in trust for the people and may grant a statutory right of occupancy to an applicant which would be evidenced by a Certificate of Occupancy. The same applies to the Local Government in respect of land in the non-urban areas of each state. An alienation of this grant would be invalid without the consent of the Governor or the Local Government as the case may be. The Federal Capital Territory came into existence in 1976 prior to the promulgation and subsequent deemed enactment of the Land Use Act. It would appear from an examination of the Federal Capital Territory Act, the Land Use Act itself and the decision in Una v Atenda (2000) 5 NWLR (pt.656) 245, that the Land Use Act is not applicable in the Federal Capital Territory. Since the requirement for consent are contained in the provisions of the Land Use Act, it is the focus of this paper to inquire into the validity or otherwise of the current practice of obtaining the consent of the Minister of the Federal Capital Territory(as delegated to him by the President) before the alienation of rights of occupancy. The paper which adopts the doctrinal research methodology posits that President or his delegate does not have the power to grant or withhold the grant of consent for the alienation of interest in land once he has made a grant of interest under section 18 of the Federal Capital Territory Act to a grantee of a right of occupancy. The paper recommends in its conclusion that to synchronize land administration in the country in relation to consent for the alienation of interest in land bearing in mind the incongruity that preceded the Land Use Act, the FCT Act should be amended to make express provisions for the consent of the President or Minister in charge of the Federal Capital Territory similar to those contained in the consent sections of the Land Use Act.
Consent, Alienation, Interests, Land, Abuja.
THE PSYCHOLOGIST AS EXPERT WITNESS IN COURT: A COMPARATIVE APPROACH
The earliest description of the role of expert evidence in common law courts is to be found in the case of Buckley v Rice Thomas 1. Experts in the form of medical doctors appear to have first been called upon to advise judges at the Old Bailey 600 years ago, but it was not until around 1620 that a jury was furnished with expert testimony for the first time. By 1721, there was the first challenge to an expert witness (a surgeon) testifying for the prosecution by another expert testifying on behalf of the defendant2. However, it was not until the later part of the 18th century that the role of expert witness was finally shaped, as counsel came to participate more and more in questioning and cross-examining expert witnesses.3 This study concentrates on the role of the psychologist as expert witness given the impact of psychology on human behaviour.
Psychologist, Expert Witness, Court, Evidence
IMPLICATIONS OF STATUTORY AND CULTURAL RESTRICTIONS OF TESTAMENTARY FREEDOM ON VALIDITY OF WILLS
Adult persons had right and absolute freedom to bequeath or devise their properties to persons or institutions of their choice as they wished in Wills without let or hindrance. They could go to the extent of disinheriting family members and dependants. That was the position under the common law of England and the Wills Act of 1837. The hardship occasioned on family members and dependants of testators and testatrixes led to enacting local Wills Laws in Nigeria with provisos qualifying the absolute testamentary freedom of section 3 of the Wills Act 1837. This paper seeks to examine the effects of testamentary restrictions on validity of Wills. In other words, it examines the legal consequences failure to compliance with the restrictions placed on the freedom of individuals to make devises or legacies in Wills. In doing this, both doctrinal and empirical methods of research were used in collating materials, principally, statutes, judicial authorities, learned textbooks and journals; interviews and practical experiences based on cultural practices. These were critically analysed, compared and contrasted where appropriate. The paper concludes that statutes, customs, and religion restrict testamentary freedom of individuals to give out their properties in Wills as they choose. The aim is to ensure that the family members and other dependants of testators or testatrixes are not denied provisions in their Wills and to ensure that the Wills do not offend customary and religious rules of succession. Wherever these statutory, cultural and Islamic restrictions on testamentary freedom are violated, the net effect is not to impugn the whole Will but the devises or legacies offending the rules are affected, and therefore, made null. However, the paper observes that the restrictions are not generally adequate or non-existent in some States. The study proffers some key recommendations.
Implication, Statutory, Cultural, Islamic, Restriction, Testamentary freedom, Wills
CONSTITUTIONAL AMENDMENTS IN NIGERIA AND THE UNITES STATES OF AMERICA: ISSUES AND CHALLENGES
The constitutions of Nigeria 1999 and America 1787 in varying terms grant governmental powers to the federal and state governments. The obligations and rights of citizens are provided and protected respectively. There are also procedural steps by which alterations can be made in these respective constitutions. The paper observes that though the similarities are shared structurally between these respective countries, the issue and challenges emanating from constitutional amendment differ. Though there are formal procedural steps to effect amendments provided in the respective constitutions, the gaps in some provisions coupled with inter-play of changing social, political and economic factors among other forces raise issues and challenges in varying degrees thereto. This leads to entertainment of informal amendments by judicial interpretation as a constitutional possibility. Against the foregoing backdrop, the issues and challenges of constitutional amendments in Nigeria and America are examined in comparative terms. It is discovered that the issues and challenges are identifiable as they exists, however solutions to them are more imaginative and speculative than practical.
Amendment, Constitution, Nigeria, United States of America, Issues, Challenges
INCLUSIVITY AND TRANS–BORDER SECURITY UNDER ECOWAS FREE MOVEMENT AND TRANSHUMANCE PROTOCOLS
Recent world events, such as Brexit and President Trump’s ‘Make America Great Again’ policies, suggest that a growing number of nation-states want a cap on immigration. The situation is not different in West Africa, notwithstanding establishment of the Economic Community of West African States. The ECOWAS Free Movement and Transhumance protocols respectively guarantee free movement of ECOWAS citizens and transhumance livestock across the sub-region. However, because these movements often allow criminal elements and weapons to transit through borders thereby exposing lawful persons in harm’s way, there are security concerns on the protocols. From the Nigerian flank, the recent herders–farmers violent conflicts and even the festering Boko Haram insurgency have been linked to the migrations. This paper interrogates the elements of these ECOWAS protocols in view of Nigeria’s security situation. The authors proffer measures of abating the security challenge as envisaged under the protocols and recommend ways to balance the needs of security and inclusivity.
ECOWAS, Migration, Transhumance, Security
Daniel Philemon SAREDAU; Peter Chukwuma OBUTTE
NIGERIAN FEDERAL STRUCTURE: IMPLICATIONS ON NATIONAL GROWTH AND DEVELOPMENT
Federalism is cognizant of the heterogeneity of a given society. Its intention is the unification of people within a basic structure which guarantees unity without sacrificing the distinct identity of the diverse units. It promotes socio-economic and political growth of a nation by according due recognition to special needs of its constituent units and giving recognition to other autonomy in certain matters. It ensures unity without erosion of the identity of the distinct populations. Federalism is a system of governance that recognises unity in diversity. Notwithstanding, there is no universally accepted superlative model of federalism. Every nation has to determine for herself the varying components of federalism that suited her peculiarities. Since independence, Nigeria has been faced with the challenge of a workable model of federalism. No thanks to over 230 different languages and diverse array of cultural values, mores, and systems, to evolve a workable framework that will reconcile the often conflicting interests of these constituents has been a seemingly intractable challenge; a challenge which constitutes the root of our socio-economic and political development as a people. This paper intends to interrogate this defiance.
Federalism, Nigeria, National Growth, Development, Implications
ASSESSMENT OF LEGAL FRAMEWORKS ON ENVIRONMENT AND CLIMATE CHANGE ENFORCEABLE IN NIGERIA BY THE NATIONAL ENVIRONMENTAL INSTITUTION
It is supererogatory to reiterate that the environment and climate change issues are both cardinal to human continuous existence and sustainable development because of their direct impact on man. Given the environmental challenges and change in climate in recent years, globally coordinated efforts have culminated in adoption of multifarious regulatory frameworks to manage these challenges in Nigeria. By the combined effects of sections 2 and 7 of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act 2007 (NESREA Act), NESREA has the responsibility of enforcement of all ‘laws’ relating to the environment and climate change in Nigeria, be it domestic or international. The question raised by this development include, how adequate are those enacted laws and or rules on environment and climate change? How much of the enforcement of these laws has been carried out in Nigeria, among others? Using a doctrinal research method, this paper answers inter alia those agitating questions and argues that, available regulatory frameworks on the environment and climate change in Nigeria are inadequate. The paper further argues that the extant legal frameworks among other things lack effective enforcement mechanism and efficacious penalties, the concomitant effect of which is fecklessness of the regime generally in achieving its aims.
Environment, Climate change, Legal frameworks and enforcement
COMMAND INFLUENCE IN THE ADMINISTRATION OF MILITARY JUSTICE IN NIGERIA: AN AFFRONT TO THE PRINCIPLES OF NATURAL JUSTICE
The concept of natural justice is ageless, having been in existence from time immemorial. Its principles are meant to guide civil and criminal adjudication of matters. The cardinal principle of natural justice is a fundamental right recognized both in national and international statutes .The Nigerian military justice system (the court martial) is not excluded from upholding this cardinal law of nature; but what obtains in Nigeria is contrary to global best practice. We observed that the conveners of the Court Martial that tries accused defiant military officers are also military officers in active service. At the end of judicial proceedings and pronouncement of sentence, the confirming authorities of the sentence are also military officers. Although the argument is that the convening and confirming authority lies on separate heads; notwithstanding this argument, the fact remains that both the convening and confirming authority are still loyal and pay obeisance to the same person (the Nigerian Military) and there is every possibility for elements of bias to be found in the judicial processes therein. This research brings to the fore some safeguards needed to have a valid and acceptable mode of appointment of the members of Court Martial in the Nigerian Military Judicial System. It also critically examines the compliance of the country’s court martial with principles of fair hearing (which includes right to an independent and impartial tribunal) as stipulated in the Nigerian Constitution and other international human rights instruments. We adopted the analytical and comparative methodology. Source materials were garnered from textbooks, journals, law reports, United Nations documents, statutes, internet sources and other related literature on the subject. From the findings, this paper strongly argues that the Nigerian Military Justice system (court martial) cannot be said to be independent and impartial since they do not guarantee the essential objective conditions for ensuring the independence and impartiality of a tribunal. They are institutionally not independent, their members and the judge advocates do not have adequate tenure and financial security to guarantee their independence and impartiality. We however recommended the necessary redress to cure the shortcomings.
Natural Justice, Court-Martial, Independence, Military Justice System
Chinelo Caroline ANYAEGBUNAM; Oguejiofo C.P. EZEANYA
DEFENCE OF ACCIDENTAL DISCHARGE IN THE TRIAL OF POLICE OFFICERS FOR MURDER: ATTITUDES OF NIGERIAN COURTS
This study examined the defence of accidental discharge in the trial of police officers for murder. In a murder trial, the law allows the accused person or a police officer standing trial for a murder charge to raise any of the several defences recognized by law which if successfully pleaded may result to his acquittal or may reduce the gravity of punishment from murder to manslaughter. One of such defences, which is the major concern of this paper is the defence of accident. The researcher considered this defence in few Nigerian cases and and examined the judicial attitude in Nigerian courts with respect to defence of accidental discharge in a murder trial. This paper also highlighted the basic things the accused must prove before this defence will avail him under the criminal justice system. The article suggested that temperamental police officers or those officers with volatile character should be flushed from the police force or they should not be allowed to hold guns. This is because every citizen has a right to his life until otherwise ordered by a court of law.
Accidental Discharge, Defence, Trial of Police Officers, Murder, Judicial Attitude, Nigerian Courts
DISENFRANCHISEMENT AS AN ALBATROSS TO CREDIBLE ELECTORAL PROCESS
The right to vote otherwise known as the enfranchisement right is an inalienable right which should be sparingly taken away from citizens. The right has root in ancient socio-legal philosophy and has even been espoused by international and regional legal instruments. Some judicial authorities in several jurisdictions have also given judicial imprimatur to enfranchisement rights. Nonetheless, many jurisdictions justify the exclusion of certain persons from participation in the electoral process, while interpretation and application of laws create instances of disenfranchisement. The paper discusses the nature and scope of disenfranchisement, classes of disenfranchisement and justifications adopted by disenfranchisement protagonists. In conclusion it is advanced in the paper that disenfranchising a citizen is as condemnable as the denial of the other rights that are fundamental to the existence of persons in any civilized society.
Disenfranchisement, Albatross, Credible Electoral Process, Nigeria
FINDING A SOLUTION TO NIGERIA’S DOMESTIC WATER CHALLENGES
Although many states have since recognised access to water as an issue of national concern and have as such considered it a right to which nations must strive to ensure that their citizens enjoy same, access to water in Nigeria still faces legal and social challenges. These legal and social challenges have made water availability and accessibility a herculean task for many Nigerians. However, if the major challenges of access to water is identified and addressed the immeasurable hardship the unavailability or inaccessibility it causes to many, would be reduced. Women and children bear the brunt of the brutality that is associated with the hardship of access to water as they have the responsibility of ensuring that there is water in the home. Finding a solution to the challenges of access to domestic water in Nigeria may be done through identifying and addressing the issues along international human rights guidelines and promising practising from other nations. Structured in various parts, this article analyses the challenges of domestic water access in Nigeria and identifies nations that have promising practising from which Nigeria may take a cue.
Water, Domestic Challenges, Solution, Nigeria
INNOVATIONS IN EXCEPTIONS TO THE HEARSAY RULE IN NIGERIA
The popular definition of a hearsay statement originated in Cross on Evidence as: an ‘assertion other than one made by a person while giving oral evidence in the proceedings and which is inadmissible as evidence of any fact asserted’. As a general rule, hearsay is inadmissible. The origin of the applicability of the rule against hearsay in Nigeria is the common law as the repealed evidence Act did not employ the word ‘hearsay’ and did not define it. The rule has applied and developed in Nigeria and has been recently recognized statutorily by the Evidence Act, 2011. This article examines the rule as it was prior to and as presently stipulated in the Evidence Act 2011 together with exceptions to the rule, identifies the changes and highlights the innovations of the Evidence Act 2011.
Hearsay, Evidence, Evidence Act 2011, Proof, Records, Documents
PARADIGM SHIFT ON REMEDIES FOR WRONGFUL TERMINATION OF MASTER-SERVANT EMPLOYMENT IN NIGERIA
This paper discusses the legal paradigm shifts introduced by the National Industrial Court of Nigeria (NICN) into the sphere of master-servant employment since its establishment as a specialized Court with exclusive jurisdiction over labour disputes. The paper adopts desk-based research methodology in highlighting the concept of reinstatement extended from statutory flavoured employment into master-servant employment on account of trade union victimization and successful challenge of reason of termination of employment where stated by the employer. It discusses the Supreme Court’s decision in First Bank Ltd. v. Longe wherein a sui generis master-servant statutory employment was created. The paper argues that through judicial pro-activeness, the hitherto treatment of employees as disposable labour waste in master-servant employment contract has been tamed as reinstatement as been extended to it on account of trade union activities,. It also argues for further strengthening of the mechanism for security of employment in Nigeria. It makes vital recommendations on areas requiring a paradigm shift before concluding.
National Industrial Court, Master-Servant Employment, Supreme Court, Justice
David Tarh-Akong EYONGNDI; Buduka Isaac OYAGIRI
AN EVALUATION OF THE LEGAL FRAMEWORK FOR THE PROTECTION OF USERS OF MEDICAL SERVICES IN NIGERIA
The medical services sector is one of the most critical for Nigeria’s economic and social development. Medical service is significant and delicate because it directly affects human lives. Providers of medical services are required under the relevant laws to undergo professional training for a requisite period because of the uniqueness of this service. Every citizen of Nigeria is a potential user of medical service at one point or the other. Medical accidents account for one of the globally acknowledged causes of death. Many of the victims do not live to tell the story. The need to protect the end users of medical services is unarguable. This paper attempts an appraisal of the legal framework for the protection of users of medical services in Nigeria. The paper found that Nigerian patients are vulnerable to various medical hazards including loss of life. The paper also found that victims do not get adequate legal redress because of leakages in the legal framework for the protection of end users of medical services in Nigeria. The paper further found that there is a need to rework the legal framework to ensure adequate protection of the end users of medical services in Nigeria.
Negligence, Malpractice, Medical Services, End Users Autopsy
HIV/AIDS AND MARRIAGE LAWS IN NIGERIA: TOWARDS PROVIDING A LEGAL FRAMEWORK FOR PREMARITAL COUNSELLING
There is a common practice where parties to marriage contract are advised and/or subjected to HIV/AIDS testing due to the prevalence of the disease. In spite of this practice however, some persons concealed or forged and/or connived with, when they were diagnosed as having AIDS or HIV infected engages in marriage contract without having first disclosing or informing the other that he or she is infected. What seems to hinder this practice or aids the non-disclosure of one’s health status to another is that it is not backed by any law. Most marriages are products of law though, Nigeria does not have unitary legal system, and instead, Nigeria’s sources of law are common law, statutes, Islamic and Customary law (referred to as legal pluralism). The work briefly discusses the nature of marriage institution as well as the history and impact of HIV/AIDS in Nigeria. It also discusses the propriety of mandating parties to a marriage contract to be diagnosed or tested before marriage to ensure the marriageability or fitness or healthiness of the parties with a view to curbing the epidemic. The writer also discusses marriage under the statutory marriage, Islamic and Customary law as well as the religious and cultural practices governing and surrounding marriage which seem to encourage or contribute the transmission of the disease to innocent marriage couples. These types of marriages have acknowledged incurable defects both as a condition for marriage and valid ground for divorce. Due to the considerable harm which this virus does to large number of innocent people through marriages, the writer suggests the enactment of Public Health Code to punish any person who knows he or she has been diagnosed as having HIV/AIDS engages in sexual intercourse in marriage or otherwise with another person without having first informed the other person that he or she is HIV/AIDS infected.
HIV/AIDS, Marriage, Laws, Legal, Framework, Counseling
Venen Lawrence ANTOM; Mohammed Aminu UMAR
REQUIREMENT OF ENDORSING ORIGINATING PROCESSES WITH ORDER TO MAINTAIN STATUS QUO UNDER THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA (CIVIL PROCEDURE) RULES 2018: AN APPRAISAL
The new High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules, 2018 in line with its overriding objectives of effective and expeditious trial contains some ground breaking and innovative provisions. In illustration, the new Abuja rules provide for the case management mechanism of Pre-trial Conferences as well as the simple Summary Judgment Procedure under its Order 11; all of which it adopted from the High Court of Lagos rules, 2012. The new Abuja rules also provides for the mandatory fixing of lawyers’ seal to originating processes. One of the new provisions, which this work critically analysed was its Order 4 Rule 9; which requires the Registrar to endorse all originating processes with the order that parties maintain status quo until the court otherwise orders. Prior to this, interlocutory injunctions were the only means of getting an order to maintain status quo. The analysis found that the provision seeks to make trials faster by removing the need for the time wasting interlocutory applications, but in doing so raises some fundamental questions. For instance, does the rule imply the abrogation of interlocutory applications before the High Court? Does the provision bind agents and privies of the parties to the suit? Is it an order of court, the breach of which can be addressed by contempt proceedings? Who indemnifies a party if losses are incurred by the party who eventually succeeds? What safeguards are there to prevent abuse by the filing of frivolous suits simply to restrain the other party? It was recommended that the provision be strengthened to achieve its goal.
Endorsement, Originating Processes, Order 4 Rule 9, High Court of the Federal Capital Territory (Civil Procedure) Rules 2018, Appraisal
Dauda Umaru DEWAN; Salmanu Mohammed RILWANU
DAUBERT AND FRYE MODELS: IMPLICATIONS FOR ADMISSIBILITY OF EXPERT TESTIMONY FOR NIGERIA
In spite of the fact that there are many indices to consider when determining who an expert is, the ultimate question is whether the expert’s testimony will be admissible in court. The governing standards of expert witness admissibility are not uniform throughout the world. The two major governing standards can be found in two United States seminal cases, a D.C. Circuit case, Frye v United States1 and a U.S. Supreme Court decision, Daubert v Merrell Dow Pharmaceuticals, Inc.2 . The federal court system exclusively follows Daubert while state courts are divided between the two. Interestingly, each state has taken on its own interpretation of these two benchmark cases, making the admissibility of expert testimony more variable between jurisdictions. Prior to trial – and ideally, prior to retaining your expert – it is critical to have a working understanding of these standards, their specific jurisdictional variations, and any recent, applicable case law. This study considers these options and sees in each element that can be adopted in Nigeria for more effective delivery of justice.
Daubert, Frye, Admissibility, Expert testimony, US, Nigeria
EXTRA JUDICIAL ‘CONFESSIONS’ IN NIGERIAN CRIMINAL TRIALS: THE ACJA LEGAL REVOLUTION AND STATES’ ACJLs ULTRA VIRES PROVISIONS
Criminal trials, especially for serious offences, have been fraught with trials within trial with people standing trial mostly coming out as losers1. The Police that beat ‘confessions’ out of their victims would also be the only available witness to testify whenever the voluntariness of such a statement is in issue. This work has taken an analysis of decided cases, relevant statutes and juristic works to come to the conclusion that the Administration of Criminal Justice Act (ACJA) has not only rendered trials within trial not always necessary but has also alleviated the problems of defendants seeking to refute the voluntariness of their ‘confessions’ before courts. It is also the finding that states’ Administration of Criminal Justice Laws (ACJL) on confessions are not without constitutional (Constitution of the Federal Republic of Nigeria, 1999 hereinafter referred to as CFRN) hiccups. An amendment of the Evidence Act is recommended to cater for defendants in the states’ criminal jurisdictions. Key words: confession, voluntary, statement, police, Administration, Criminal, Justice and trial.
ACJA, Extra Judicial Confessions, Criminal Trials, Ultra Vires, Revolution, Nigeria
INTERNATIONAL REVIEW OF LAW AND JURISPRUDENCE (IRLJ), VOLUME 1 NO 3, 2019
INTERNATIONAL INTELLECTUAL PROPERTY SYSTEM AND THE CHALLENGE OF ARTIFICIAL AND MONKEY INTELLIGENCE
The current internationally recognised system of intellectual property came about with the entering into force of the Convention for the Protection of Industrial Property in 1883 and the Convention for the Protection of Literary and Artistic Works in 1886. There are philosophic justifications that ground the protection of intellectual property. The intellectual property system developed as a result of the growth and development of technology during the industrial revolution. Since then, however, technology has developed to the level that it acts autonomously with no human intervention, and is capable of creating literary, musical and artistic works, and also making inventions. Similarly, monkeys have been shown to be capable of creating works that merit copyright. In spite of these developments, the intellectual property system has not recognised the capacity of non-humans to own intellectual property. The aim of this paper is to apply the philosophic justifications for intellectual property to demonstrate that non-humans are capable of owning intellectual property. The paper finds that the intellectual property system is designed to either vest moral or economic rights on a creator or inventor, and not to credit a person with intellectual property on the ground that the creator or inventor has a legal incapacity to protect the intellectual property. The paper concludes by advocating for legal mechanisms that recognise the intellectual property of nonhumans through legal guardianship
Intellectual Property, International, Artificial Intelligence, Monkey Intelligence
BENIN OBJECTS: RETURN OF STOLEN OBJECTS OR RESTITUTION OF OBJECTS OF CULTURAL VALUE?
The ideological basis for protecting cultural property is geared towards sustaining the identity of a people. The expropriation of African cultural objects in colonial times coincided with the development of academic disciplines such as anthropology and archaeology whereby the material evidence of the newly discovered cultures was studied, catalogued and displayed in European museums to illustrate the greatness of the colonial empire. These expropriated objects are chiefly serving an academic purpose in Europe while they are wanted for the cultural life of the countries where they were taken from. This article, using Benin objects as a case study, proposes that a proper understanding of the nomenclature/terminology used in referring to the circumstances that led to the expropriation of these objects is important for determining the proper way of retrieving the objects from their present locations.
Benin Objects, Stolen Objects, Restitution, Cultural Value
EXCLUSIVE JURISDICTION OF THE FEDERAL HIGH COURT IN TELECOMMUNICATIONS DISPUTES IN NIGERIA: MYTH OR REALITY?
Telecommunications is a vital aspect of human existence. It enhances communication over significant distances without the necessity of physical movement from one location to another. It thus, enhances social and economic activities. The challenges of balancing the diverse interests in the industry give rise to disputes in various manifestations. Jurisdiction for settlement of these disputes is conferred by law. Is this jurisdiction exclusive to the Federal High Court in all telecommunications disputes? This paper answers the question in the negative because the Federal High Court lacks jurisdiction to entertain claims founded on contracts.
Federal High Court, Exclusive Jurisdiction, Telecommunications Disputes, Nigeria
MOROCCO’S ATTEMPT AT JOINING THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS): LEGAL AND POLITICAL CONSIDERATIONS
Since about 2003, the fifteen member nation of the Economic Community of West African States (ECOWAS) has enjoined relative peace, the rule of law, functioning state institutions and relative good governance has also been established. Democracy has also stated to take root in this economic block to the extent that in Ghana, Senegal, Benin Republic Cote d’ Ivorie, Burkina Faso, Togo, Nigeria, among others have had peaceful transition of government, and in some cases the incumbent government losing election and transiting or handling over power to the opposition. It is against this background that this article now considers the reason(s) why, Morocco, a North African country would desire to join ECOWAS. This article will also look at the effect of Morocco's intention to either join or be disallowed from joining ECOWAS in line with the 1975 Treaty and the Revised Treaty of ECOWAS of 1993. It will go further to consider the achievement and challenges facing ECOWAS. It will then conclude by looking at the prospects of ECOWAS as a sub-regional body.
ECOWAS, Morocco, Achievements, Challenges, Effects
AN APPRAISAL OF MINIMUN WAGE LEGISLATION IN NIGERIA
The paper examines minimum wage legislation in Nigeria with a view to ascertaining their socio-legal implications. The paper found that minimum wage legislation has a checkered history in Nigeria. The first nationally negotiated minimum wage came into effect on 1 May 2000. The last amendment of the Act was in 2011 and has been due for review since 2015 but no such review has taken place. However, the bill to amend the Act has been passed by the two arms of the National Assembly and is currently awaiting presidential assent. The paper found that the National Minimum Wage Act did not address the problem of casualization of skilled workers by Nigerian Banks and multinational companies. The paper further found that disputes over minimum wage are now within the exclusive subject matter jurisdiction of the National Industrial Court. Finally, the paper found that the deterrent provisions of the Act is whittled down by failure of the amendment of 2011 to review the punishment to be meted out to employers who obstructed Authorized Officers in the cause of their monitoring to ensure compliance with the provisions of the Act by employers.
Minimum Wage, Amendment, Exclusive Jurisdiction, Authorized Officers, Casualization