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.
PROTECTION OF SHAREHOLDERS’ AND INVESTORS’ RIGHTS VIDE EFFECTIVE CORPORATE GOVERNANCE: AN APPRAISAL
The concept of lifting the veil of incorporation is an important element in the effective governance of corporate entities worldwide. Natural persons rather than corporate entities are held liable for negligent acts performed during their day to day operations as Executives and Management staff of companies. The principal objective was to carry out their functions with due care, diligence and utmost good faith but the reverse has been the case being entitled to bonus salaries and emoluments even when the investor’s interests and shareholders’ interests have not been duly considered. This act of negligence on management passes the financial brunt of wrong decisions, uncalculated management risks, and avoidable losses incurred by the company to the shareholders. This article took a journey from several jurisdictions, dissecting their corporate governance rules and pin pointing particular regulations that were aimed at protecting the interests of shareholders and investors. Of particular emphasis was the corporate governance laws of Nigeria, and recent developments in the Nigerian Legal System, which ensured adequate protection to shareholders and investors in the day to day decisions making by the management of these companies. Areas where the opinions of shareholders were sought before major decisions were taken were highlighted. Avenues offered by these rules and regulations to aggrieved shareholders who may want to contest the decisions by the management of these companies where they are minority or majority shareholders were discussed. The study compared the different rules guiding corporate governance in different jurisdictions and suggested the best applicable rules. The Methodology used was the doctrinal research method which required the use of primary and secondary research materials. It was recommended that the relevant regulatory periodically issued laid down codes of governance to guide corporate businesses
Company Law, Shareholders, Investors Rights, Corporate Governance
PROHIBITION OF CORPORAL PUNISHMENT IN INTERNATIONAL LAW: ANALYSIS OF LEGAL DEFENCES AND JUSTIFICATION
The effort of international organisations to prohibit the use of corporal punishment on children has not been without controversies. This study analyses the issues surrounding the prohibition of corporal punishment on minors. One of such issues relates to the ‘reasonable chastisement’defence, an old legal justification for applying corporal punishment on a child. Such defence is no longer tenable under the purview of international law. In addition, the lawful use of force for the purpose of correcting a child under the Nigerian Criminal Code, Penal Code and Sharia code respectively is a violation of international human rights law. Researches by international experts have indicated that physical punishment involves the use of corporal punishment. Furthermore, surveys by the United Nations have further proven corporal punishment as the most common form of violence against children. Hence, the prohibition of corporal punishment under international law aims to protect and promote respect for the human dignity of a child as enshrined under the Convention on the Rights of a child. Corporal punishment as a means of correction no longer holds ground under International human rights Law. Therefore legal reforms should include a creative way of correction that will not violate a child’s human dignity.
Corporal punishment, Prohibition, Legal justification, Violence, International human rights, Reasonable chastisement
THE LEGAL FRAMEWORK FOR SUSTAINABLE DEVELOPMENT GOALS: THE UNIVERSITIES’ PERSPECTIVE
The issue of sustainable development has been in the world agenda for several years now. It has occupied the minds of scholars, political activists, local and international civil organizations for years now wiry more vigor since 2015 when the United Nations in collaboration with world leaders officially declared the goals and 169 targets to be met by the year 2030. This, they tagged the global goal agenda 2030. Before this, there has been great concern as to what sustainable development really means. The definition from the World Commission on Environments is widely acclaimed. According to the commission sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. This means that tour ability to balance social, economic and environmental objectives when making decisions today ensures the satisfaction of further needs. This paper using doctrinal method, with sources from authors and internet seeks to examine the SDGS framework and the role of the university in achieving these goals. It is found that many countries may require beyond 2030 if ever to attain this and it is recommended that they strive at partnership with better informed societies.
Sustainable development goals, Legal framework, Universities, Perspectives
INNOVATIONS IN THENIGERIA’S ADMINISTRATION OF CRIMINAL JUSTICE ACT 2015: TOWARDS ENTRENCHING PEACEFUL RESOLUTION
There has been much agitation for a total overhaul of the laws regulating administration of criminal justice in Nigeria in view of the myriad ills militating against a successful administration in Nigeria. Thus, the signing into law of the Administration of Criminal Justice Act, 2015 is a response to the calls for the reform of the Nigerian criminal justice system. The various laws regulating the criminal justice system were dearly in need of amendment due to the fact that they were no longer in tune with the reality of time and global best practices in criminal justice system as well as contemporary trend of criminal justice administration in the world and, indeed Nigeria. This article adopts the doctrinal method and seeks to attempt an analysis of the Act in other to show the salient innovations in the Act, with particularly reference to the inclusion of plea bargain as an ADR Mechanism and the need for a continuous reform of the Act to correct the various shortcomings associated the criminal justice system in Nigeria.
Administration of Justice, Criminal Justice System, ADR, Plea Bargain, Nigeria
FISCAL RESPONSIBILITY ACT 2007: A POSITIVE INSTRUMENT FOR PRUDENT MANAGEMENT OF NATION’S RESOURCES AND ENHANCEMENT OF LEGISLATIVE OVERSIGHT IN NIGERIA*
Fiscal Responsibility Commission is a body established by the Fiscal Responsibility Act. The Commission shall have power to compel any person or government institution to disclose information relating to public revenues and expenditure; and caused an investigation into whether any person has violated any provisions of this Act. This means that the Commission monitors and enforces the provisions of this Act and by so doing, promotes the economic objectives contained in section 16 of the 1999 Constitution of the Federal Republic of Nigeria. Legislative oversight, on the other hand is the review, monitoring and supervision of government and public agencies, including the implementation of policy and legislation. It involves keeping a check on the activities of governmental agencies especially the executive branch while discharging their responsibilities under the Constitution of Federal Republic of Nigeria for the people of Nigeria. This paper recognizes and x-rays the importance of Fiscal Responsibility Act for the legislatures in their oversight function. This study also considers the significance of this Act, justiciability of the provisions, African Charter on Human and Peoples Right, and legislative control limit. It equally makes some recommendations.
Fiscal Responsibility, Act, positive instrument, enhancement and legislative oversight.
INDEPENDENT POWER PROJECTS IN NIGERIA: A DISCOURSE OF THE LEGAL ISSUES
Access to electricity is fundamental to development and a key driver for economic growth. However, Nigeria as the biggest economy in Africa and the giant of Africa still experiences epileptic power supply to its citizens. Without electricity, health clinics struggle to provide basic services, children are unable to get proper education, and businesses cannot grow and thrive in today’s global economy. Reforms were initiated in the electric power sector to enhance economic and social development. As part of the reform process, Nigeria unbundled its power operations into generation, transmission, and distribution subsectors; privatized power generation stations and distribution utilities. Independent power projects were introduced to enhance electricity generation in the country. The objective of this research work is to evaluate the independent power projects as an alternative tool to enhancing electricity in the country and the legal issues arising from their operations. It highlights not only the challenges that policy makers are facing but also the underlying factors that contributed to healthy investment climates. Ultimately, this research paper is intended to offer references, options, and tools that may help Nigeria as a country achieve scaledup and sustainable power sector investment for the benefit of her citizens and her economies as a whole.
Electricity, independent power projects, power sector
NBA V IBEBUNJO: A REVIEW OF CRIMINALIZATION OF SALE OF LAND BY NIGERIAN LAWYERS
This paper is a review of the direction or decision of the Legal Practitioners Disciplinary Committee in Nigerian Bar Association v. Ibebunjo, wherein the Disciplinary Committee held that sale of land by legal practitioners is a professional misconduct and accordingly ordered the name of the concerned legal practitioner struck off the roll of legal practitioners. This review of the case analyzes the facts and the evidence in the case as well as the direction of the Disciplinary Committee. It also considers the relevant legislation such as the Legal Practitioners Act, the Rules of Professional Conduct for Legal Practitioners 2007, the Land Use Act and the Constitution of the Federal Republic of Nigeria 1999. The relevant judicial decisions of the Supreme Court and of the Legal Practitioners Disciplinary Committee are also considered. The derivatives from the statutory and judicial authorities are that the direction of the Disciplinary Committee is statutorily and judicially baseless. The paper also shows that the decision is practically and sociologically unsustainable in view of the current socio-economic state of the legal profession in the country. Accordingly, recommendations are made on the need not to sustain the decision in the case. Recommendations are also made for the amendment of the relevant provision of the Rules of Professional Conduct for Legal Practitioners to make it come in tandem with the current economic and global realities.
Sale of land, Nigerian lawyers, Criminalisation, NBA v Ibebunjo, LPDC
THE EMERGENCE OF A RESCUE REGIME IN NIGERIAN RECEIVERSHIP PRACTICE
The Rescue Culture is very important now with the economic uncertainties that have bedeviled doing businesses in recent times in Nigeria. It has become obvious that a lot of factors exist that could make an otherwise viable business to be unable to meet up with their debt obligations and hence rated as insolvent. Such temporary set backs are such that should the company be given an opportunity to recover they would likely be able to overcome their temporary challenges. Many developed economies have evolved beyond receivership into something like administration in United Kingdom and Business Rescue in South Africa. Although receivership is different from liquidation yet the truth remains that the sole interest of a receiver is to recover the secured creditors money, and many times by the time the company enters into receivership and the assets of the company are quickly sold off to recover the secured creditors money, the company is left as an empty shell only good to be sold off. The aim of this paper is to look at strengths and limitations of receivership in Nigeria and to know whether Company rescue is being practiced in Nigeria by whatever name it is called, and to advocate the need to introduce company/ business rescue into our receivership practice in Nigeria.
Receivership, Company Rescue, Receiver, Receiver- Manger, Rescue Practitioner
THE FIGHT AGAINST CORRUPTION IN NIGERIA: A FOCUS ON VICTIMS AND THEIR RESTITUTIONARY RIGHTS
One of the campaign promises of the Buhari regime is to fight corruption in all facet of the country. So far, all the anti-corruption agencies have been working hard to accomplish this aim. Chief among them is the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC). This article tries to x-ray briefly some of the requirements of the Acts establishing these agencies. The Acts provide for forfeiture and recovery of stolen resources but no mention of the restitution of the victims of corruption. In all, the pattern of fighting corruption in Nigeria is focused on the offenders, and recovered loots are turned over to the federal government. Not much is provided on the restitution of victims who own the stolen or recovered money or whose money was used to purchase recovered properties. And this is coming in an era when there are calls for a shift from criminal justice to victim justice. The deepest desire of any victim, no doubt, is to be returned back to what he used to be or would have been if that wrong was not done him. This paper tries to glance into the possibility of restitution for victims of corruption in Nigeria. It concluded that justice is not done where the offender is punished but the victim is not restituted or restored. In this light, it recommended amongst other things that where the Acts establishing the anti-corruption agencies in Nigeria did not specifically consider restitution of victims, the courts, through judicial activism should insist on the restitutionary rights of the victims of corruption in Nigeria.
Corruption, restitution, reparation, anti-corruption agencies, criminal justice, victim justice
ENHANCING ENVIRONMENTAL LITIGATION: THE KEY TO SUSTAINABLE ENVIRONMENTAL PROTECTION IN NIGERIA
Several laws have been enacted by the Federal and State Governments in Nigeria with a view to enhancing environmental protection and sustainable development. Implementation and enforcement of these laws by the relevant government agencies have been lacking. This has resulted in huge environmental problems in the country, such as flooding, oil spillage, deforestation, spread of diseases etc., therefore there is the need to strengthen the citizen’s right to enforcement of environmental protection rights. Environmental litigation is therefore, a means by which this can be achieved. It is the means by which environmental laws are brought to live, invested with teeth not only to bark but also to bite offenders. The government agencies cannot cover every nook and cranny on Nigeria in terms of protecting the environment but the citizens live there. If they are empowered to protect their environment, then, the dream of Nigeria for sustainable development through environmental protection will be guaranteed. This paper therefore, seeks to examine the various challenges which citizens face with respect to the enforcement of their environmental rights. The Nigerian Constitution, 1999 (as amended) does not guarantee environmental protection rights as fundamental rights. This paper seeks to make a case for its amendment to include environmental protection rights under the fundamental rights provisions. It also makes a case for the enhancement of the judicial procedures to ensure that environmental protection suits are not hindered by the technicalities and judicial shortcomings which are commonly employed to frustrate citizens who attempt to enforce their environmental right. The paper therefore recommends judicial activism by the Nigerian Courts.
Environmental litigation, Environmental protection, Sustainable, Nigeria
Chi Johnny OKONGWU; Ejokema Simon IMOISI
THE LEGALITY OR OTHERWISE OF ENFORCEMENT OF 7.5 PERCENT VALUE ADDED TAX RATE IN NIGERIA: AN APPRAISAL
The recent approval of the new Value Added Tax (VAT) rate by the Federal Executive Council (EFC) from 5% to 7.5% has continued to generate controversies. In fact the 2019 Appropriation Bill sent to the National Assembly projected an 11% increase from VAT collections compared to 2018 projections, based on the unauthorized increment in the rate. The driving force for the increment in the rate of Value Added Tax is improved revenue collection by the government. The new rate is expected to take effect from 2020 after due consultations with the relevant stakeholders. The controversy is whether the Federal Executive Council can amend the Value Added Tax Legislation to the exclusion of the National Assembly. This work by doctrinal method analyzed data, facts and reviewed the provisions of the extant tax law. Furthermore, the attitude of the Court and opinions of tax experts on the issue was consulted. The result was that only the National Assembly has the capacity to amend the current VAT Act. It therefore became imperative that due process should be followed in amending the VAT Act.
Legality, Value Added Tax, Enforcement, Rate of tax, Amend
TOWARD A HOLISTIC REFORM OF LEGAL EDUCATION IN NIGERIA
Stakeholders in the legal profession in Nigeria have on many occasions raised a concern about falling standards of the legal profession, the regressive quality of legal education, deteriorating professional ethics and weak regulatory regimes for the legal profession as well as the threats that technology and globalization have brought to legal practitioners. These varying concerns were re-echoed in the occasions of the 2019 Nigerian Association of Law Teachers’ conference held in Ibadan and the just concluded Nigerian Bar Association Conference, 2019 held in Lagos. The root of these concerns was traced to failures in the regulation of the profession. This work x-rayed the varying causes of poor performance in the legal education industry and made recommendations for innovative reforms.
legal, education, profession, law, school, practice
EXAMINING THE LEGAL STATUS OF ASSISTED REPRODUCTIVE TECHNOLOGY IN NIGERIA
Assisted reproductive technology, which includes all the procedures that help in the achievement of a successful pregnancy, is seriously gaining popularity in Nigeria as couples now resort to it to give effect to the societal demand on them to sustain their lineages through childbearing. Although a lot of children have born through this practice, the central problem of this paper is to ascertain the legal status of assisted reproductive technology in Nigeria and whether there is any law in place regulating the practice. Thus, the paper examined the various practice of assisted reproductive technology on-going in Nigeria today. It also made a comparative analysis of the situation in Nigeria with a few selected jurisdictions with the aim of stimulating the Nigerian legislature to action in that regard. It further made a case for the declaration of the legal status of assisted reproductive technology in Nigeria by way of legislation. The paper adopted doctrinal method of research by which it x-rayed the laws regarding assisted reproduction existing in other jurisdictions. It further adopted analytical/descriptive approaches to drive home the position of this paper. The paper found that although the practice of assisted reproductive technology has put a smile on the faces of many couples and even individuals in Nigeria, Nigeria is yet to take any legal position for against or against the practice; as such there is no known legal framework regulating this practice as at the time of writing the paper. This creates a lacuna as to the legal issues such as paternity and maternity of such children, may arise from the practice. The paper argued that the silence of the legislature as to the legal status of assisted reproductive technology in Nigeria creates a lacuna as parties to the practice are not sure of their respective rights and obligation under the arrangement. Hence, the paper recommends the enactment of a law for or against the practice of assisted reproductive technology in Nigeria so as to make for legal certainty; give direction to both the beneficiaries and agents of assisted reproduction in Nigeria; and forestall baby-selling.
Assisted Reproduction, Assisted Reproductive Technology, Legal status, Nigeria, Infertility
USE OF COLLECTIVE BARGAINING AND ALTERNATIVE DISPUTE RESOLUTION AS MEANS OF SETTLEMENT OF TRADE DISPUTES IN NIGERIA
Domination and differences in interests and values are still sources of conflict in all industrial institutions and organizations due to social divide, which has favoured employers at the expense of the employees. These phenomena of domination and differences in interests and values therefore call to mind the need for a very cordial means of resolving trade disputes to pave way for a smooth labour and industrial relations. This paper discusses the cordial means of resolving trade disputes through collective bargaining and Alternative Dispute Resolution. It is herein argued that these means of resolving trade disputes through collective bargaining and Alternative Dispute Resolution which already have the backing of our law should be effectively exploited and institutionalized to ensure cordiality in our labour and industrial relations. It concludes with a call for the full institutionalization of Alternative Dispute Resolution technique of the National Industrial Court pursuant to section 254C (3) of the Constitution of the Federal Republic of Nigeria, 1999 as well as ensure compliance with institutional collective bargaining process for settlement of trade disputes in various institutions.
Collective Bargaining, Alternative Dispute Resolution, Settlement, Trade Disputes
Kenneth Uzor EZE; Igwe Chinedu AKAM; Abdulmalik S. GATUGEL
RETHINKING STAKEHOLDERS’ ENGAGEMENT IN POWER SECTOR RULE MAKING PROCESSES IN NIGERIA: EXAMINING THE INTERNATIONAL BEST PRACTICES
The optimum performance of the energy sector of a country is pivotal to her economic development and attraction of Foreign Direct Investments (FDIs) to the country. It is a major factor to returning high yields on investments, growing the Gross Domestic Products (GDP) especially in any developing country or emerging economy and setting the country on the path of economic prosperity. Thus for further advancement of the energy sector of a country, energy laws and regulations have to be made with adequate consultations that inputs the views of the sector’s essential stakeholders. This is necessary for efficient functioning of the sector. The objective of this paper is to interrogate existing energy stake holder’s engagement as practiced by Nigerian power sector regulator. Again it is aimed at espousing effective stakeholder’s engagement as practiced in America and as prescribed by OECD and ICSABP models, thus provoking a new thinking necessary for a paradigm shift in energy stakeholder’s engagement in Nigeria. In the end this paper seeks to achieve a new and inclusive energy rule making regimes in Nigeria, which promotes regulatory compliance especially within the Nigeria power sector regulatory environment.
Stakeholders’ engagement, Energy rulemaking processes, Power sector legislative and regulatory frameworks, Regulatory compliance, Accountability and Transparency, International best practices
AN EXAMINATION OF THE POWER TO IMPOSE AND THE POWER TO COLLECT TAX UNDER THE NIGERIAN LEGAL SYSTEM
This article aims at conducting a critical evaluation on the power to impose and the power to collect taxes under the Nigerian Legal System. A literal interpretation of the Constitution may lead one to entertain the belief that it is only the Federal government that has the power to impose taxes, under the Constitution of the Federal Republic of Nigeria, while States on the other hand, are merely left with the power to collect taxes and not to impose taxes. However, a thorough examination and comparison of some sections of the Constitution will reveal that whilst the Federal Government has the exclusive power to impose items of taxes stipulated in the Exclusive Legislative List, State governments also have the power to impose tax under what is known as the ‘residual list’. Furthermore, the taxing powers of each tier of government, as well as the extent of their powers shall be reviewed.
Tax, Imposition, Collection, Nigerian Legal System, Examination
Godwin Emeka NGWU; Scholarstical Chisom ANIH
CYBER SECURITY AND LATEST DEVELOPMENT: TOWARDS EFFECTIVE GLOBAL REGULATION AND GOVERNANCE IN CYBERSPACE
Cyber security attacks are constantly evolving and becoming increasingly damaging. Cyber security is a complex transnational issue that requires global cooperation for ensuring safe internet. Cybercrime is the greatest threat to every individual and or company in the world. As cybercrime become more lucrative and cybercriminals become smarter, cyber security too will have to be intelligence driven, enabling a swift response to the advance attacks. This paper is aimed at performing a critical scrutiny of the purpose of cyber security regulation in Nigeria and globally. This paper focuses on the main challenge in managing cyber security and undertakes a comparative study of the legal framework of cyber security in some other selected jurisdictions. The paper aims at analysing the efficacy or otherwise of the extant Nigerian statutory framework in relation to those of other jurisdictions. The paper makes a case for an effective and comprehensive body of legislation to deal with the precarious position of cyber security in Nigeria.
Cyber security, cyber crimes, data protection, information security, cyber threats
ADDRESSING THE MENACE OF WASTE THROUGH ENVIRONMENTAL LEGISLATIONS IN NIGERIA
Adequate Waste management has become imperative in Nigeria. The old Slogan ‘Dirt does not kill the black man’ has tended to make Nigerians ignore the consequences of improper management of waste. This paper examines waste problems, managerial methods, effect of poor waste management practices and legal framework controlling waste in Nigeria. Areas also examined include: definitions of waste, role of environmental courts and the two-sided coin analysis of waste. After careful analysis and discussion of the issues of waste and the regulatory mechanisms, it was observed that Nigeria, has an array of environmental legislation, but the problem is embedded in the negative attitude of persons who had little or no regard for the waste laws. Also, the strength of enforceability appears lacking. Poor methods of environmental sanitation and proper waste management practices were also observed. The methodological approach is doctrinal, with recourse to relevant books, journals, statutes, internet sources, and encyclopedia and newspaper reports. The paper proffers suggestions for proper waste management as observed in developed countries. The need for adequate utilization of funds allocated for waste management, as well as sensitization and enlightenment of the public on the dangers of improper waste management is recommended.
Environmental, Legislations, Menace, Management, Waste
ACCOUNTABILITY FOR VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW IN THE OCCUPIED PALESTINIAN TERRITORIES
The origin of the Israeli-Palestine conflict can be traced back to Jewish immigration and sectarian conflict in Mandatory Palestine between Jews and Arabs. It has been referred to as the world's most intractable conflict with the ongoing Israeli occupation of the West Bank and the Gaza Strip reaching six decades. The core of the conflict is the abuse and neglect of international humanitarian laws by all parties. At the general level, what are the legal consequences when rules of international law are broken? In the context of the Occupied Palestinian Territory, all sides are frequently accused of violating international humanitarian law as well as international human rights law. Israeli Forces have been accused of causing extensive and unnecessary destruction of civilian property in the Palestinians territories contrary to the Fourth Geneva Convention, or of building a wall in violation of international law, transferring the Israeli population into the Occupied West Bank (settlements), impeding humanitarian access as well as committing a range of violations of international humanitarian law during military operations in Gaza and the West Bank. Meanwhile Palestinian militants in Gaza have been accused of making no attempt to comply with the principle of distinction by launching indiscriminate rocket attacks at civilian areas. This paper observed that these violations amounts to war crimes committed by both sides but regretted that there is no political will on the part of the International community to hold them accountable for war crimes. The paper recommends a collective action of the international community to punish all those involved in the violations of international humanitarian law between Israel and Palestine
Violations, International humanitarian Law, Accountability, Palestinian territories
REGULATION OF INSIDER TRADING IN NIGERIA AND USA: A COMPARATIVE ANALYSIS
It cannot be over-emphasized that a congenial legal environment provides for and contributes to the effective development and functioning of capital market. As such, high standards of corporate governance and transparency are essential to the development of capital markets in Nigeria. Nevertheless, the disclosure of information regarding a company enables investors to take decisions regarding investments in securities of such a company and for prices of securities to accurately reflect information about a company; such information should be equally available to all market participants at the same time. However, persons in the company itself or otherwise concerned to the company are in possession of certain information before it is actually made public. The knowledge of this unpublished price sensitive information in hands of persons connected to the companies puts them in an advantageous position over others who lack it. However, the insider trading legislation have not been quite very effective in providing substantial comfort to investors. As such, there is little doubt that some reforms are needed on the deficiencies in the regulation of insider trading in Nigeria. From comparative perspective, this paper analyses the regulation of insider trading in Nigeria and USA. This is primarily to address certain flaws that are embedded in the regulation and to recommend, where necessary, possible recommendations that could be utilized by policy makers to enhance the combating of insider trading in Nigeria.
Inside Trading, Regulation, Nigeria, USA
Meshach N. UMENWEKE; Onyeka Christiana ADUMA
ISSUES IN THE NIGERIAN SENATE’S CONFIRMATION OF PRESIDENTIAL APPONTMENTS: THE CASE OF THE EFCC CHAIRMAN
Under the Nigerian constitutional democracy, the Constitution and certain legislations require that some appointments made by the President at the Federal level be confirmed by the Senate while some made by the Governors at the state level be confirmed by the respective Houses of Assembly. Confirmation by the Senate of appointments made by the President has happened and religiously observed with regards to the EFCC chairmen appointments since its inception in 2003 till 2015 when this became an issue between the President and the Senate. The issue in question is as to whether this is a mandatory constitutional requirement or a mere conventional practice? This work unravels this issue using the doctrinal method by reviewing relevant laws and literatures. Upon providing the rationale for legislative confirmation of Presidential appointments, examining the possible sanctions for want of confirmation where constitutionally required and considering the option of litigation in the circumstance of the present stalemate being experienced over the EFCC chairmanship non-confirmation by the Senate, the work draws it conclusion and offers some recommendations.
Senate, Presidential appointments, Confirmation, EFCC Chairman
PLEA BARGAIN AND ANTI-GRAFT WAR IN NIGERIA
It is no longer in doubt that Nigeria is corrupt. Corruption is a cankerworm that has eaten deep into the fabric of all spheres of live in Nigeria. If corruption is allowed to thrive, it will ultimately consume Nigeria. Successive governments in Nigeria harp on the menace of corruption in the society and made concerted efforts towards curbing it or at least reducing it to the barest minimum. In a bid to archive this onerous task, crime fighting agencies where established such as, Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and other Related Offences (ICPC). These agencies are working hard to eradicate corruption using different approaches. One of which is Plea Bargaining. The concept of Plea Bargaining is not known in the Nigerian Legal System until 2004 when EFCC Act came into effect. Plea Bargain is a concept employed by the state in high profile cases to facilitate a negotiated soft landing platform for accused persons who are willing to save the time and hung expense for the system through a guilty plea and payment of compensation for forfeiture of proceeds of crime to avoid publicity and attendant image crises. EFCC adopted this approach with a view to fighting corruption in Nigeria. The issue is will the introduction of Plea Bargain in the Nigeria Criminal Justice Administration attain justice for all in Nigeria. This paper examined the propriety of employing this crime fighting system to fight corruption and other related offences in Nigeria. It proffers solution and concludes that Plea Bargain in the Nigerian Legal System is anathema to anti-graft campaign in Nigeria. It’s sustenance in the Nigerian Legal System would only be a scratch on the surface in the fight against corruption in Nigeria and never the solution.
Plea bargain, Nigerian Legal System, Anti-graft war, Corruption
GENETICALLY MODIFIED ORGANISMS: A CASE FOR SUSTAINABLE DEVELOPMENT IN AN ANTI-GLOBALISATION ERA
The research aims at critically analysing the nationalism and anti-globalisation arguments in opposition to biotechnology, particularly Genetically Modified Organisms (GMOs), in a bid to address their impact on the achievement of the sustainability objectives. The research further sought to examine the key international instruments regulating the cultivation and trade of GMOs. The methodology adopted is doctrinal with primary and secondary sources on Law and biotechnology, aided by international treaties, textbooks, journal articles, newspapers and online materials. This work, following the nationalist arguments in opposition to GMOs, finds among others that differences in laws on GMOs cause trade conflicts and that by genetically engineering products, big biotechnology companies are trying to impose food totalitarianism on the world. Nevertheless, these arguments were outweighed by the numerous sustainability objectives to be derived from the globalisation of GMOs. The research therefore made a case for States to be more receptive of GMOs, provided adequate and less complex national and international standards have been met.
Genetically Modified Organisms, Biotechnology, Sustainable Development, Anti-Globalisation
Chidimma Dorathy UMEGO; Chinwe Francisca UDE
RULE OF LAW, HUMAN RIGHTS AND NATIONAL SECURITY IN NIGERIA
Rule of law, human rights and national security are concepts generally obtainable in a country practicing constitutional democracy. Rule of law entails governance in accordance with legal principles and observance of laws which are reasonably justifiable in a democratic society. Hence, rule of law is rule of right and not rule by might nor rule by force, arbitrariness, despotism, dictatorship, tyranny and ultimately anarchy. Protection of human rights is likewise an offshoot of rule of law and citizens’ rights is meant to be protected in a nation practicing rule of law. However, because the government is saddled with the duty upholding national security, should rule of law and human rights be curtailed for the purpose of ensuring national security and defence? The primary objective of the research therefore is the examine whether human rights should prevail at the expense of national security or human rights can be restricted in the interest of national security. The research is a doctrinal research that relied on both primary and secondary sources of law. The research finds out that Nigeria has been battling with insecurity and insurgencies over the years, and the government necessarily needs to take proactive steps to arrest the situation, even if human rights would be restricted. The research therefore concludes that it is absolutely not out of place to suspend individual rights and civil liberties of citizens to ensure national security and defence. This does not however mean rule of law should be suspended to ensure national security because in an atmosphere where rule of law is not sustained, anarchy and lawlessness will prevail
Human Rights, Rule of Law, National Security
Taiye Joshua OMIDOYIN; Bolade Damilola AWOSUSI
THE EFFECT OF STABILIZATION CLAUSES IN PETROLEUM CONTRACTS IN DEVELOPING COUNTRIES LIKE NIGERIA
The petroleum industry is an integral part of Nigeria’s economy since the discovery of oil in commercial quantity in Oloibiri Bayelsa State in 1956. The Petroleum Industry is a very complex industry which requires a lot of technology and finance to run, developing countries like Nigeria don’t have such capital and technology to run their oil industry independently thereby forcing them to partner with international oil companies. In a bid to give assurances to the investments of the international oil companies, Stabilisation Clauses are inserted into agreements between the parties. This work examines whether Stabilisation Clauses are in anyway beneficial to the host state. The work will interrogate the benefit(s) of Stabilisation Clauses to both the international oil companies and the host states. The methodology adopted is doctrinal, with a qualitative approach for appraising the effect of Stabilisation Clauses in petroleum contracts in the oil industry. The analysis and legal deductive reasoning are based on information from primary and secondary sources such as textbooks, articles in journals, periodicals, law reports, legislation and internet sources. In the course of this work it was discovered that Stabilisation Clauses can be used to boost the transfer of technology to developing countries like Nigeria. It was also discovered that the host country could still modify the terms of a petroleum contract even with the presence of the freezing Stabilisation Clause which tend to suspend the legislative powers of the host state once the contract has been completed. It was recommended that the government of host states should always involve experts when dealing with international oil companies as this will give them the opportunity to know the type of Stabilisation Clauses that exist and the one that best fits their perculiar situation.
Clauses, Contracts, Countries, Petroleum, Stabilisation
PRISONERS’ RIGHT TO VOTE IN NIGERIA: A REVIEW OF VICTOR EMENUWE AND ORS V INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) AND COMPTROLLER GENERAL OF NIGERIA PRISONS
In 2014, the Federal High Court pronounced on the right of prisoners in Nigeria to vote in the case of Victor Emenuwe and Ors v Independent National Electoral Commission (INEC) and Comptroller General of Nigeria Prisons. Dissatisfied with part of this judgment, Victor Emenuwe and Ors appealed to the Court of Appeal sitting at Benin, Edo State, Nigeria. On December 7, 2018, the Court of Appeal gave its judgment, but this decision was in the apron string of the lower court on the voting procedure for prison inmates. This case note looks at the legal context of these court decisions on prisoners’ right to vote by examining the arguments placed before the Federal High Court and the Court of Appeal. It provides insights into the legal and administrative implications of the court decisions and how this decision can be enforced. Further, this case note contended that the Court of Appeal decision satisfies Nigeria’s legislation on voting rights, although inadequate on the procedure on how to ensure this right is enjoyed by prisoners.
Prisoners, Right to vote, Victor Emenuwe and Ors v Independent National Electoral Commission (INEC) and Comptroller General of Nigeria Prisons, Nigeria
Chimere Arinze OBODO; President AIGBOKHAN
THE LEGAL REGIME FOR REFUGEE CHILD PROTECTION IN NIGERIA
Refugee crisis being a transboundary movement affecting many countries of the world raises a global concern on proper actions to be taken to protect victims of such crisis particularly the minors. Legal machinery has from time to time been set in motion to achieve this purpose. Unfortunately, there remains an upsurge of refugee children many of whom are unaccompanied. This paper attempted a study of the laws relating to the refugee child within the territorial jurisdiction of Nigeria and discovered that these laws are omnipotent on papers but impotent in practice. It was, therefore, recommended inter alia, that beyond admitting these children into the country proper and practical protection measures should be put in place to integrate them in the system; provide the necessities of life to them; protect them from all forms of exploitation; and grant them assistance in the enforcement of their rights against violators.
Refugee Child, Legal protection, Asylum, Accompanied and Unaccompanied Children
EFFICACY OF THE LEGAL FRAMEWORK ON THE ENVIRONMENTAL IMPACT OF CRUDE OIL THEFT IN NIGERIA
The issue of environmental degradation as a result of crude oil theft is fast becoming an intractable problem in Nigeria. Nigeria is reported to be losing about $7 billion annually to oil theft; crude oil theft has led to pipeline damages causing oil firms to cut output and environmental degradation through oil spillage. The Federal Government has enacted plethora of laws and regulations in combating the menace of crude oil theft. This paper discusses the efficacy of the Nigeria laws and regulations, the challenges of crude oil theft, the endemic consequences of oil spillage in the Nigeria environment, the economic effect of crude oil theft and the lack of sincerity of purposes of the Nigerian government in tackling crude oil theft. This paper recommends appropriate preventive pragmatic measures and policies that would pave way for absolute strict liability of the enforcement and implementation of existing laws and further concludes that crude oil theft is an act of terrorism against the Nigerian economic.
Environment, Oil Theft, Spillage, Degradation, and Enforcement of Laws
CURRENT ISSUES AFFECTING WOMEN IN NIGERIA VIS A VIS BEIJING AT TWENTY-FIVE
The United Nations Fourth World Conference on Women in Beijing was held to ensure the full implementation of the human rights of women as an inalienable, integral and indivisible part of all human rights and fundamental freedoms and to advance the goals of equality, development and peace for all women everywhere. Nigerian women are deprived these anchor of security, stability, values and development. Women who account almost half of the entire population generally lagged behind in all aspects of life, economically, socially, politically and intellectually. Women are on the lowest rung of poverty condition, they neither participate in forming nor administering the government. Religion and tradition are used as instrument of women operation in Nigeria. The purpose of this study is to achieve full observance of the equal rights of women and elimination of the de jure and de facto discrimination. The approach to be adopted will be critical; analytical, comparative and expository. The author finds that, the lives of Nigerians are yet to attain a commensurate level of improvement. Women rank lower than men in all indices of development in the country. The author recommends socio-economic and political restructuring to eradicate poverty, stop distinction and achieve gender equality
Current Issues, Women, Nigeria, Beijing, Twenty-Five Years.
AN APPRAISAL OF INTERNATIONAL HUMANITARIAN LAW
International Humanitarian Law is a branch of public international law. It is that portion of international law which is inspired by considerations of humanity. It aims to minimize the suffering of those not, or no longer, taking part in hostilities and to render the fighting more humane by restricting the use of barbaric weapons in armed conflict. Although the origins of contemporary International Humanitarian Law can be traced back to the nineteenth century, it is based on principles and practices which are much older. The two principal sources of International Humanitarian Law are Hague and Geneva Conventions, the former setting out restrictions on the means and methods of warfare and the latter providing protection to certain categories of vulnerable persons. It is generally accepted that a large portion of the principles permeating International Humanitarian Law reflect customary international law and, in some cases, peremptory law (jus cogens). As such, it is binding on all States, irrespective of whether they have acceded to the relevant treaties or not. Using the doctrinal method, the paper concluded that although International Humanitarian Law has made a difference in protecting vulnerable individuals and restricting the means and methods of warfare, tragically, there are countless examples of violations of International Humanitarian Law in armed conflicts around the world and a number of other challenges still remain.
International humanitarian law, armed conflict, international human rights law, state sovereignty, human rights