The Nigerian Journal of Legal Studies, published by the Faculty of Law, Imo State University, Owerri, Nigeria, stands as an important academic platform for promoting rigorous legal scholarship. The journal provides a forum for scholars, legal practitioners, and policymakers to explore emerging legal issues, analyze contemporary developments, and contribute to the advancement of jurisprudence in Nigeria and beyond. Through its commitment to high academic standards and constructive intellectual engagement, the journal continues to enrich legal research and support the growth of informed legal discourse in the country.
ABUSE OF POWER OF EMINENT DOMAIN IN NIGERIA: A CRITIQUE
This aim of this article is to critically examine the contemporary trends in compulsory land acquisition (eminent domain) in Nigeria, with focus on the deficiencies within the provisions of the Land Use Act 1978, that pertain specifically to the Governor’s exercise of eminent domain. This power has unfortunately become a tool susceptible to abuse in Nigeria, with some Governors employing it to revoke and acquire both private and government properties for personal interests, including favouring cronies, family members, and settling political vendettas. Despite persistent calls from diverse stakeholders for amendments to the Land Use Act, meaningful changes have yet to materialize. Utilizing a combined analytical and qualitative methodological approach, the study highlights instances of gubernatorial abuse in compulsory acquisition, exposing the need for immediate corrective measures. The article argues for urgent legislative intervention, advocating for the repeal of the Act. This article specifically proposes that the legislature takes a proactive role in addressing these challenges and emphasizes the importance of public participation in determining projects aligned with the interests of the people. By involving the public in decision-making processes, the true purpose of revocation can be ascertained, mitigating the risk of diversion for extraneous purposes and ensuring accountability. Urgent legislative reform to rectify the flaws in the current legal framework is highly recommended to restore the integrity of compulsory land acquisition, aligning it with the genuine needs and aspirations of the Nigerian people.
Compulsory Acquisition, Land Use Act 1978, Governor’s Power, Political Vendetta, Public Participation, Legislative Intervention
Osuji Obiageli Francisca & Prof. Okorie, Chimezie Kingsley, Ph.D, SAN
THE COMPLEXITIES IN SUSTAINING CHILD’S RIGHTS AND WELFARE AGAINST ABUSE: THE LEGAL PERSPECTIVE
Child’s rights and welfare connote the protection and provisions of necessaries for the proper upbringing of the child. The parents, guardians, teachers and even elder siblings are expected to care for the wellbeing of the child. Thus, the Constitution of the Federal Republic of Nigeria 1999 (as amended), the African Charter on Human and Peoples’ Rights and the Child Rights Act made provisions for the protection of the child’s rights and welfare in the Nigerian societies. Sustaining the child’s rights and welfare in the society is burdened with some complexities such as domestic violence and sexual inducement. Due to children’s vulnerability and inability to protect themselves from undue influence, they have often be victimized with consequential untold hardship, drug abuse and sexual abuse in the Nigerian societies. The recurrent of these ugly trends gave rise to this research. In this regard, the research adopts the doctrinal legal research methodology and examines the complexities in sustaining child’s rights and welfare against abuse. The research therefore recommends a reformation in enforcement strategies and frequent enlightenment programmes on child’s rights and welfare in every nook and cranny of the society. This will in effect enhance sustainability of the child’s rights and welfare in Nigeria.
LEGAL AND HISTORICAL FRAMEWORKS OF ALTERNATIVE DISPUTE RESOLUTION IN NIGERIA
Alternative Dispute Resolution as a settlement of dispute options has come to stay in Nigeria. Litigation has been the traditional method of resolving disputes in Nigerian. As a result of many disadvantages associated with litigation, Alternative Dispute Resolution has gained grounds as alternative to the conventional court system of settlement of disputes. In this article, we are going to look at the legal and historical development of Alternative Dispute Resolution in Nigeria. Such issues like the meaning of Alternative Dispute Resolution, historical development of Alternative Dispute Resolution, history of Alternative Dispute Resolution in Nigeria, Legal framework for Alternative Dispute Resolution in Nigeria and mode of application of Alternative Dispute Resolution in Nigeria will be examined.
COPYRIGHT OWNERSHIP IN PHOTOGRAPHY: UNRAVELLING NIGERIA GAME-CHANGING LEGISLATION
Nigeria's ground breaking Copyright Act of 2022 has ushered in a new era of copyright protection, particularly in the realm of photography. This article delves into the transformative elements of the Act, shedding light on its impact on the ownership of photographic works. Notably, the Act affirms that photographers retain primary copyright ownership, irrespective of commissions or employment arrangements, reinforcing their creative rights in the digital age. The Act's implications for the copyrightability of everyday cell-phone snapshots are explored, highlighting the significance of creative input in establishing robust protection. Complexities surrounding exceptions to copyright ownership, including fair dealing, transfers, and specific entity usage, are dissected, providing clarity on the legal landscape. Duration of copyright is addressed, as well as the intricate interplay between image rights, privacy, and the art of photography. The article underscores the responsible practice of seeking consent when photographing identifiable individuals for commercial purposes, underscoring the importance of ethical considerations in the field of copyright. As the global community observes "World Photography Day" every 19th of August, these insights offer a timely reflection on the enduring importance of copyright law in fostering a vibrant atmosphere for creative expression.
THE EFFECT OF THE FREEDOM OF INFORMATION ACT ON THE FIGHT AGAINST CORRUPTION IN NIGERIA
The Freedom of Information Act (FOIA)1 was enacted to ensure transparency and accountability in government. The Act does this by making provisions for citizens to have the warrant to request information from public officials. This paper finds that the effective enforcement of the FOIA will give room for government officials to be more accountable to the members of the public. It recognizes that while there are other means to hold public officials accountable to the people, the FIOA seems like the easiest to utilize. The paper further identifies the challenges that may be associated with the Freedom of Information Act such as the Nigerian culture of secrecy, bureaucracy and lack of adequate record keeping among others. The authors suggest that the FOIA can have a positive impact on the fight against corruption in Nigeria if certain amendments are made to the Act and if the provisions of the Act are enforced strictly. This paper recommends that there should be more awareness for the FOIA among members of the public and not just journalists or civil societies. Further to this, the FOIA should be amended to give room for administrative sanctions to be meted out on officials who fail to comply with the provisions of the Act and also to allow extension of time for reply to request for information by an individual where the circumstance warrants it.
CAN LAW DRIVE THE ECONOMY?: TACKLING NIGERIA’S POVERTY USING A HUMAN RIGHT’S-BASED APPROACH
Poverty remains high on the international development agenda. Over the years, world Conferences and Summits have paid attention to the increasing levels of poverty of billions of the world’s population. In spite of the progress made, the work to end extreme poverty is far from over, and many challenges remain. While poverty is seen as a denial of human rights, it is also agreed that the inadequate or non-fulfilment of human rights causes poverty. For many Nigerians, poverty is a major obstacle to the realisation of fundamental rights. Unfortunately, law, without more, is incapable of driving the economy if it does not have human rights content to ensure adequate promotion and protection of human rights and the rights to socio-economic needs. This Paper discusses law and the interrelationship between law and the economy. It adopts a human rights-based approach to poverty reduction in Nigeria and argues that poverty constitutes an infringement of citizen’s human rights. The paper concludes that poverty cannot be eradicated without the fulfilment of basic human rights, including the right to health, education, work, amongst others.
Poverty, Human Rights, Law, Economy, Nigeria
REGULATION OF ELECTRONIC CONTRACTS IN NIGERIA AND SOUTH AFRICA: A COMPARATIVE ANALYSIS
This paper appraises the legal regime for electronic contracts in Nigeria and South Africa. The paper finds that South Africa has one of the best legal frameworks for electronic transactions in the world and that contrary to the position in South Africa, there is no specific legislation on electronic contracts presently in Nigeria, instead the courts in Nigeria have continued to adopt liberal interpretation to the existing contract and commercial laws to accommodate electronic transactions in Nigeria. The paper contends that the successes recorded in electronic transactions in South Africa are attributable to a well-articulated legal regime and Nigeria should adopt the position in South Africa. The paper employs doctrinal methodology with analytical and comparative approaches. The necessity of establishing the accuracy of the findings on the inevitability of enacting a comprehensive law on electronic transactions like that of South Africa is the justification for using the method. The paper concludes by making a case for the outright enactment of the Electronic Transactions Bill into law.
Electronic contract, Nigeria, South Africa, Electronic Communications and Transactions Act, Electronic Transactions Bill
RIGHT TO VOTE AND BE VOTED OF INTERNALLY DISPLACED PERSONS IN NIGERIA- A LEGAL REALITY OR MYTH?
The right to vote and be voted for is one of the many rights denied an IDP in Nigeria contrary to guarantees in international, regional and national laws. As displacement can be caused involuntarily by natural or human-made factors, this portends that every other person is vulnerable and potentially liable to be internally displaced, hence the need to safeguard the right to political participation of any eligible IDP. Using the doctrinal research method, relevant international, regional and national laws analysed, and this paper establishes that any denial of the right to political participation is a breach of a fundamental right. Accordingly, recommendations on how to safeguard the right of an IDP to vote and be voted were made including introduction of electronic voting which will obviate the need for the physical presence of the voter from the polling unit in any election cycle until when the IDP is fully rehabilitated and reintegrated.
Right to vote, Right to be voted, Internal displacement, Internally displaced person, Political participation
RE-EVALUATING LOCAL CONTENT AND WAIVER PRINCIPLES IN THE NIGERIAN CABOTAGE REGIME: A COMPREHENSIVE ANALYSIS
The principal aim of the CABOTAGE Act as deduced from the long title to the Act is the promotion and development of indigenous tonnage, invariably the entrenchment of local content policy. Other objectives of the cabotage policy such as the establishment of the Cabotage Vessel Financing Fund, as well as the restriction of foreign vessels in cabotage trade are geared towards the realisation of that core aim. Furthermore, the literal interpretation of section 3 of the Cabotage Act means no more than a total domestication of cabotage trade in the hands of the citizenry in aspects of full beneficial ownership of vessels, manning responsibilities, build procurement, as well as flag registration to be domiciled in Nigeria. However, the influence of the localisation requirement has been greatly undermined by the waiver provision. This paper examines the impact of the waiver provision on the local content policy initiative and found that it faces some inherent constraints. It therefore makes a number of recommendations and contributions to the existing calls for an amendment to consider a right of first refusal in favour of domestic shipping interests and the optimal development of the indigenous Nigerian Maritime University for the training of Nigerian seafarers.
Cabotage waiver policy, Maritime, Local Content Laws, Nigeria
CYBERCRIME IN NIGERIA: ISSUES AND CHALLENGES
Information technology, especially the internet, has remained one of the most impressive scientific developments in the history of mankind. It has bonded personal relationships, facilitated trade and commerce across all levels, and made life easier. This welcoming benefit of internet advancement has also been identified as having its attendant problems, which include high growth rate of criminality known as cybercrime. This paper systematically investigates the challenges which inhibit the successful elimination of cybercrime in Nigeria. The paper emphasizes that weak enforcement mechanisms, a slow judicial process and the slow process of forensic analysis among others, contribute to the inadequacy of the fight against cybercrime. This paper puts forward recommendations for regulatory bodies which will bring about efficient and adequate prosecuting mechanism. This will ensure that this menace is minimized in Nigeria.
Internet Technology, Cybercrime, Internet, Legal Framework
FINDING AN EQUILIBRIUM BETWEEN TECHNICALITIES /TECHNICAL JUSTICE AND SUBSTANTIAL JUSTICE
The Courts and tribunals are temples of justice and established to dispense or do justice according to the law. There are situations where extant laws establishing these courts or rules of Court prescribe a particular mode or manner for institution of an action and a departure from it would inevitably lead to a striking out or dismissal premised on lack of procedural compliance or otherwise on technical grounds. Sadly, such situations have arisen where an inadvertent departure from a prescribed mode for instituting an action have led to the termination or death by way of striking out or outright dismissal of many otherwise actions with a good cause of action and a consequential miscarriage of substantial justice. It is most glaring when the cause of action is within the jurisdiction of the court yet suffers a dismissal anchored on technicalities. This to say the least defeats the essence of fairness, equity, good conscience and natural justice and takes the judicial system back to the rigid and inflexible Common Law judicial system or era where letters of the law are slavishly followed and enforced. This work therefore recommended among others amending or expunging strict liability provisions of laws or rules of court which prescribe the mode or manner of instituting an action. This will ensure that suits inadvertently instituted in breach or violation of any prescribed mode or manner of instituting an action can be regularized and determined on the merit in the interest of justice and by extension equity.
Court, Equity, Law, Practice and Procedure, Justice
CONSTITUTIONALISATION OF THE ROLE OF TRADITIONAL RULERS IN NIGERIA: AN APPRAISAL
It cannot be overemphasised that traditional rulers are primarily the custodians of the traditions and cultures of their people. They also, play significant role in the settlement of disputes and promotion of national development through effective mobilization of the people in their domain to embark on various development programs for their common good. However, the Constitution of the Federal Republic of Nigeria 1999 (the Constitution) has no provision for the role of traditional rulers. Recently, the traditional rulers feel that the non-inclusion of their position and role in the Constitution diminishes their political significance as partners in progress with the Government. Therefore, the traditional rulers have been clamouring for their position and role to be clearly defined in the Constitution. The protagonists of the constitutionalisation of the role of the traditional rulers at various levels of Government contend that the idea is necessary in order to entrench the position of the traditional rulers as partners with government in the democratisation process. The idea has generated a serious debate as to whether indeed the position of and role of traditional rulers in Nigeria should be such matters that should be included in the Constitution, considering the modern democratic governance system which the country has adopted and is struggling to consolidate. The question is, whether a specific provision defining the constitutional role for the traditional rulers is not inconsistent with the idea of modern constitutional democracy especially, under a federal constitution. The article adopted the doctrinal methodology in analyzing the above question and argued that the status quo which maintains their traditional and apolitical position will rather sustain rather than undermine or diminish their significance. On the other hand, it will be inconsistent with the principles of modern democracy to establish another organ or institution of government with its new challenges but without special value addition to the democratic governance process at the federal level. Thus, relying on the customary law theory, the article concluded that the role of the traditional rulers being traditional in nature and in a country of diverse traditions and customs should be confined to their various domains under the various State laws. It is therefore recommended, that the informal albeit important peace building role of traditional rulers at the National level can be sustained without making it a constitutional matter with its necessary challenges.
Constitution; Constitutionalisation; Democracy; Traditional Ruler
NIGERIAN JOURNAL OF LEGAL STUDIES, VOL 11, 2023
EXAMINATION OF SOME MAJOR INNOVATIONS INTRODUCED BY THE ASSET MANAGEMENT CORPORATION OF NIGERIA (AMENDMENT) ACT, 2021
The extent to which the financial system supports diversification of a nation's economy depends on whether financial institutions extend loans to non-volatile productive sectors as well as the extent of the loan defaults. A developing nation committed to industrialization must look towards diversifying its economy for inclusive and sustainable growth. The volatility of the oil sector has over time remained the major bane of most oil dependent economies of the world, Nigeria inclusive. The continuous dwindling in the world's oil price has yet presented us the opportunity to have a rethink on what positive thing non-oil sector loan concentration will do to the attainment of economic diversification. Most countries depending on the oil sector have faced numerous crises. On 19th July, 2010, the then President of Nigeria, President Goodluck Jonathan signed the AMCON Act into law. The Asset Management Corporation of Nigeria (AMCON) Act of 2010 was amended in 2015 and 2019 respectively in other to strengthen the corporation's powers to recover bad loans acquired by commercial banks. In this article, we are going to at the major innovations introduced by Asset Management Corporation of Nigeria (Amendment) Act, 2021.
Asset Management Corporation of Nigeria (Amendment) Act, 2021
HOMOSEXUALITY, UNIVERSALISM AND CULTURAL RELATIVISM- A REVIEW
Homosexuality is one of the most contentious issues of our time. The United Nations and other human rights bodies have proposed that all laws that discriminate against people on the basis of their sexual orientation violate human rights. However, despite this, many countries around the world including Nigeria still maintain laws that object to homosexuality maybe, due to cultural relativism which has raised suggestive ideas, generating diverse perspectives from various segments of the political continuum. Indeed, its proliferation in international relations discourse, has become a concept that is difficult, if not impossible, to apply in contemporary human rights issues. Universalists, clearly object to cultural relativism and cautions about its application in the construction of international norms and doctrines that attempts to define definite human rights. This paper discussed homosexuality, its universal acceptance, if any within the context of human rights with particular interest on cultural relativism, which appears to be the pervasive and biasing influence responsible for the rejection of homosexual rights. In this regard, the paper is heavily biased towards the discussion about sexual orientation as a universal right. The paper concluded that although criminalization of homosexuality violates international human rights norm, cultural relativism is central to its viability, as differences exist endemically between cultures and should be respected.
Homosexuality, Culture, Universalism, Human Rights
MEDICO-LEGAL AND ETHICAL ISSUES IN STEM CELL RESEARCH IN NIGERIA
The growing need and importance of stem cell research and therapeutic uses cannot be overemphasised worldwide. Stem cells are regarded as master cells because they are cells from which all other cells with specialised functions are generated. However, their sourcing, use and disposal have continued to raise ethical, medical and legal issues. This paper critically examined the medical, ethical and legal issues regarding stem cell research globally and particularly in Nigeria. The methodology employed is the doctrinal approach. The paper relied principally on international agreements on stem cell research, like the World Medical Associations Helsinki Declaration 2013, stem cell research laws and regulations of advanced legal climes like the United Kingdom, and Nigerian legislations including the National Health Act 2014 and the Code of Medical Ethics in Nigeria 2008. The paper found that the existing international legislation on stem cell research does not contain stiff sanctions for breach. It is recommended that a comprehensive sui generis legislation on stem cell research, permissible conduct and sanctions for violation be made, taking into consideration the IVF, artificial cloning of cells currently practised in Nigeria, and possible stem cell therapy procedures to be developed.
Ethical, Medical, Legal, Stem Cell Research
THE ROLE OF AFRICAN SUPRA-NATIONAL/REGIONAL PARLIAMENTS IN PROMOTING CONSTITUTIONALISM AND DEMOCRATIC GOVERNANCE
The emergence of regional parliamentary assemblies in Africa had been on the increase since the mid-twentieth century. This research paper reviewed on the role of African supra-national/regional parliaments in promoting constitutionalism and democratic governance. Using the doctrinal research methodology, the paper reviewed the history and evolution of constitutionalism and democratic governance in Africa and examined the role of a selection of regional parliaments in promoting constitutionalism and democratic governance. It was found that although regional parliaments had made remarkable attempts at achieving the objectives of their establishment, they had no enabling institutional and legal framework to contribute meaningfully to regional socio-economic growth, political integration and development. Amongst other things, it was concluded that there was need for the election of members of parliament to be by universal suffrage. There was also need for their various instruments of establishment to be amended to provide the necessary legal empowerments to make laws that are binding on the executive arm of the regional organizations, to secure a consolidated and independent source of funding for the parliaments, and to create a distinction between the parliaments’ constitutive and complementary functions.
Regional Parliaments, Constitutionalism, Democratic Governance, Africa
CRITIQUING THE DEMOCRATIC IDEALS OF STANDING ORDERS OF LEGISLATIVE HOUSE THROUGH THE PRISM OF THE RULES OF THE DELTA STATE HOUSE OF ASSEMBLY: LESSONS FROM A CROSS-COUNTRY SURVEY
An important aspect of Parliamentary privilege is that each House has the privilege of controlling its own procedures. The Parliament draws up the rules in its own right because it has the power to introduce whatever regulations it deems appropriate. The permanent written rules under which the House regulates its proceedings are known as the Standing Orders, and these rules governing legislative processes have implication on the authenticity, the reach and quality of representation. Despite the paramount need for the sanctity of these rules, there has been a misuse of its provisions in certain quarters. Impelled therefore by the incessant suspension of lawmakers in Nigeria by Legislative Houses citing breach of Standing Orders/Rules, this article critically examines the extent and application of relevant areas of Standing Orders of the Delta State House of Assembly by interrogating the general level of internal democracy entrenched in it and juxtaposing it with corresponding Standing Orders of the parliaments of two different jurisdictions of New South Wales and Kenya. The paper finds that Standing Orders however well thought out are inherently laden with provisions that infringe upon the principles of democracy and democratic ideals generally and accordingly recommends that Standing Orders must not be in breach of democratic ideals.
Suspension, Delta State House of Assembly; Standing Orders, Democracy
Udi-Izeze Johanson Rume Reuben; Mohammed O. Amali; Nansat Stephanie Omoarebu
TOWARDS SUSTAINABLE FINANCING OF CRITICAL BASIC INFRASTRUCTURE FOR HEALTHCARE SYSTEM IN NIGERIA
Reliable and dependable infrastructure is always at the heart of economic growth and sectoral development. The Covid – 19 pandemic has underscored the need for a resilient health system and the shortcomings of Nigeria’s health sector. To date, the Nigerian health the sector is characterised by inefficiencies and low government spending. In its road to economic recovery, Nigeria adopted a sustainable and inclusive approach. Its strategy identified health as a priority sector. No doubt, it had been undergoing reforms with few milestones to celebrate, such as eradication of polio. On the other hand, malaria, maternal and infant mortality persist. Viewing good health as enhancer of productivity and growth may have influenced the government’s decisions. Given the financing constraint within which the health system’s transformation is expected to occur, this paper explores and analysis Nigeria’s sustainable financing of critical basic infrastructure such as power, road, transportation and water for the healthcare sector. The paper identified that Nigeria struggles with funding challenges that exasperates the country’s infrastructure deficit which the traditional financing approach cannot address given the paucity of funds. It explores financing potentials of the Nigerian Economic and Sustainability Plan 2020and the National Development Plan 2021 – 2025; and recommend possible financing options to address the critical infrastructure deficit in the healthcare sector.
Infrastructure financing, Sustainable financing, Health system, Nigeria
TAX ASCERTAINMENT AND COMPUTATION OF CORPORATE INCOME TAX IN NIGERIA
In Nigeria, taxation of businesses is a crucial issue that needs to be thoroughly examined as a source of funding for the government. This article's purpose is to examine how tax assessment and computation of corporate income tax in Nigeria are done. The paper employed a doctrinal and qualitative approach to explore: taxation and profit charges to business; relief for pioneer enterprises; and the calculation of taxes and earnings. The study discovered that the tax computation and ascertainment laws need to be criticized for being unsatisfactory, muddled, and challenging. It therefore recommends that, in order to arrive at the proper tax regime in the computation and ascertainment of corporate taxes in Nigeria, the paper thus offers improvements, particularly in the method of record keeping and compilation of accounting statements.
Tax, Computation, Ascertainment, Imposition, Company
Okubor Cecil Nwachukwu & Omagbemi Ariko Mercy
LEGAL AND INSTITUTIONAL FRAMEWORKS FOR CONSUMER PROTECTION IN THE NIGERIAN BANKING SECTOR: AN APPRAISAL
This article is an appraisal of the legal and institutional framework for consumer protection in the Nigerian banking sector. The banking sector in Nigeria has evolved over the years in terms of service delivery. The speed at which banking services are delivered can be directly linked to the technological development and innovations introduced to banking by the internet. It has become easier to deal with banking transactions outside the precincts of a bank. These innovations introduced a series of legal challenges with regards to the actual relationship between the banks and their customers, thus necessitating the need to appraise the existing body of laws in the area and functionality or effectiveness of the available regulatory institutions. The study adopted a doctrinal research method in conducting this research. The research found among other findings that there are sufficient body of laws to regulate banking transactions as it affects customer banker relationship, most of those laws have become nearly obsolete and unable to accommodate the ever changing landscape of banking in Nigeria. The research therefore, recommended for the review and possible amendment of the existing body of laws. Such suggested amendments should include: a provisions for class actions and an establishment of a special court for dealing specifically with breaches of consumer rights and all other banker-consumer issues. The work concluded that an effective legal and institutional mechanisms in this area will ensure speedy disposition of cases arising from banker customer relationship which are often time sensitive in nature.
Consumer; Consumer Protection; Anti -Trust/Competition; Banking Products and Services.
THE RIGHT TO WORK AND EMPLOYMENT FOR PERSONS WITH DISABILITIES WITHIN THE SUSTAINABLE DEVELOPMENT FRAMEWORK
States under international law have obligations towards all including persons with disabilities. States, specially in the area of employment are duty bound to promote productive employment for the realization of the human rights of persons with disabilities. Indeed, the Sustainable Development Goals (SDGs) imposes additional obligations on States in achieving full productive employment for all without exceptions, and that includes persons with disabilities. Using the Adaptability, Acceptability, Availability, and Accessibility (4As) framework, this paper contends that while the SDGs add weight to human rights and require states in promoting work and employment to move towards achieving full employment for persons with disabilities, it however fails to fully integrate the human rights model of disability. Therefore, this paper assesses the SDGs relating to work and employment for persons with disabilities by considering whether the SDGs fully integrate the disability human rights model.
Sustainable development goals; work and employment; disability; persons with disabilities; human rights model of disability
SUSTAINABLE DEVELOPMENT GOALS (SDGS) ARE NOT ANY DIFFERENT FROM THE MILLENNIUM DEVELOPMENT GOALS (MDGS) GIVEN THEIR OBVIOUS DISCONNECT FROM HUMAN RIGHTS STANDARDS
This research work evaluates the gap between the human rights obligations of the United Nations member states to which they have voluntarily committed themselves against the backdrop of the International development agendas that they have adopted in the form of the Millennium Development Goals (MDGs) and the Sustainable Development Goals (SDGs). The aim was to contribute to the International legal scholarship on Human Rights and the MDGs/SDGs with a view to achieving a better understanding of the convergences and incongruences between the two fields that ordinarily ought to cooperate more harmoniously towards the common aim of improving human well-being. Using the doctrinal legal research methodology, this research examines the obvious disconnect between the MDGs and SDGs on one hand, and human rights on the other. It was found that although both the MDGs and the SDGs that subsequently replaced them both made peripheral references to the need to protect and preserve human rights, with the latter being more ambitious and precise in so doing, the duo curiously failed in practical terms to address the non-existence of actual and enforceable human rights obligations on the part of States, particularly in view of the fact that their focus were at variance with International Human Rights standards. It was recommended inter alia that given the situation as demonstrated above, the United Nations Member States should, with a view to main-streaming human rights into the practical realization of the SDGs: adopt and adequately implement laws, policies, regulations, and national strategies that will promote equality and non-discrimination which is in conformity with international and regional human rights standards; and, Recognize that human rights are central to addressing the underlying grievances that foster violent extremism and terrorism and must be protected thereby countering terrorism by extension.
Accountability, Human Rights, Millennium Development Goals, MDGs, Sustainable Development Goals, SDGs.
AN EXAMINATION OF THE PRINCIPLE OF COMMON BUT DIFFERENTIATED RESPONSIBILITY
The principle of Common But Differentiated Responsibilities (CBDR) became necessary in order to balance the roles of nations in addressing the menace of environmental pollution and its resultant degradation of the ecosystem. It is trite that highly developed and industrialized nations contribute more to greenhouse emissions all over the world, than less developed and less industrialized nations of the world. Besides, differences in terms of economic capacity played a vital role in the birth o this principle of CBDR. It became imperative to recognize this difference in levels of ‘culpability’, while accepting that all nations of the world have a common responsibility to contribute towards sustaining the environment. The Kyoto Protocol aimed at the reduction of environmental degradation through actions geared towards reducing carbon emissions, and commits industrialized nations to be responsible towards reducing the quantity of carbon and dangerous substances they release into the environment. This article examined the principle of common but differentiated responsibility, its operationalisation and how it will affect the realization of the Sustainable Development Goals in Africa, especially goals 1, 2, 3, 6 and 7. Recommendations were made in terms of strengthening efforts by Africa towards addressing environmental degradation irrespective of the act that it has a lower level of responsibility towards curbing greenhouse emissions, unlike the more advanced nations of the world.
Greenhouse Emissions; Kyoto Protocol; Sustainable Development; Environment; Climate Change
Prof. Agbo Johnson Madaki & Mr. Dajang Peter Rangmak
EXAMINATION OF THE ONEROUS DUTY INVOLVED IN THE IDENTIFICATION OF THE LAND IN DISPUTE IN LAND MATTERS
In land litigation, the party who seeks for declaration of title to land must identify with certainty the precise area of the land in dispute. Where the claimant fails to discharge this burden, his claim is bound to fail. In this article, we are going to critically examine the onerous duty involved in the identification of the land in dispute. This will go a long way in equipping the students and lawyers on the importance of the identification of the land in dispute so that in land matters, they will not make mistake of not identifying the land in dispute.
ALTERNATIVE DISPUTE RESOLUTION IN NIGERIA: ISSUES AND CHALLENGES
The nature and character of mankind made it imperative that conflict or dispute is inevitable in continued existence of humanity. It is as old as man with the eternal features to last as far as humanity exist. In fact, conflict or dispute notwithstanding its negative impact in the development of society is one the pillars upon which mankind rest. Perhaps, this was the reason behind the emergence in all legal system in the globe legal mechanism or framework not for the abolition of dispute but for the settlement of dispute or conflict which Alternative Dispute Resolution is one of them. Incidentally, in the Alternative Dispute Resolution process, challenges emerged which attempted to stultify the efforts. These impediments are lack of transparency, accountability, participation and conflicting loyalty et cetera. The destructive characters of these challenges called for urgent steps that would provide solutions to address them. This is all this work labored to achieve. It recommended majorly, creation of necessary platforms that will provide the needed educative awareness about Alternative Dispute Resolution.
Prof. Okorie, Chimezie Kingsley, Ph.D, SAN
ADMINISTRATION OF JUSTICE AND CASE MANAGEMENT IN IMO STATE: A CASE FOR INNOVATION
The article is premised on the recognition that organizational development is crucial to the building of the capacity of an institution to achieve greater efficiency and effectiveness. Hence, the need for innovation to recalibrate existing strategies, structures and processes to achieve greater efficiency and effectiveness. Based on this, it is argued, that for the judiciary to successfully carry out its mandate of justice delivery, an efficient and effective system of justice administration is not only crucial but also imperative. Unfortunately, justice administration in Nigeria is seriously challenged and this has impacted negatively on its credibility and appalation as “the last hope of the common man”. Notorious among the challenges include institutional weaknesses and corruption driven by desktop based application and manual filing methods, manual communication of courts records and service of court processes, long hand verbatim recording of proceedings by the judges, high cost of litigation and so on. The article argued that the above factors among others cause long delays and militate against effective justice delivery, leading to frustration and loss of public loss of confidence in the judiciary. Against the above background, the article examined how the judiciary can improve on the quality, efficiency and effectiveness of justice administration in Imo State, in order to meet the expectation of the citizens especially, those who have justiciable issues before the court. The article utilised the doctrinal research methodology and found that there is need for a paradigm shift from manual to digitalized court processes which should involve a proactive and innovative institutional development and case management strategies. The article concluded that a paradigm shift from manual to digitalized court processes will enhance effective monitoring or case tracking systems thereby, providing real time information flow and feed-back mechanism that will enhance timely and expeditious justice delivery and citizens’ access to justice. It therefore recommended that the modernisation of the case management system in Imo State judiciary is timely and urgent, to make the judicial process more cost-effective, faster and qualitative. It is further recommended, that this modernization strategy should include the re-orientation and adequate training of the judiciary staff to make them ICT compliant, coupled with continuing professional development programs to improve their capacity and efficiency.
Judiciary; Justice; Administration of Justice; Case Management; Innovation
NIGERIAN JOURNAL OF LEGAL STUDIES, VOL 12, 2023
CLOSING THE GENDER GAP IN THE WORK PLACE: A PANACEA TO SOCIETAL DEVELOPMENT
Gender equality is a necessitating component towards attaining overall institutional and social development, which in turn brings sustainable development and advancement in any forward looking economy. The problem of gender inequality is more prominent in developing countries and despite government resolution to address this menace, it still persist due to societal limitations, persisting cultural stereotype, religion, patriarchal social structures and barbaric traditional norms which allow men to dominate almost all circular, political and economic facet of life. Inequalities have over time manifested in all facets of development with multiplier effects on economic advancement .This article analysed the challenges and issues of gender discrimination in the workplace in Nigeria in line with international best practices, its effect on the output/performances of women in the society .It brings to the fore the effect of customs and religion alongside general principles as an overreaching framework, the specific obligation of states to eliminate discrimination against women as the abuse on women’s right is persistently on the increase. It recommends that anti-discrimination and gender equality bill should be on the front burner of government policies and discourse. Incorporating the right based approach as an antidote to repugnant cultural norms which constraints the realization of women’s right generally.
JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE (ICJ) AND ITS OBLIGATIONS
The issue of jurisdiction is fundamental to the exercise of court’s judicial powers. When a court lacks the jurisdiction to entertain a matter, any judgment given by the court becomes a nullity. Therefore, where jurisdiction is lacking, a judicial body cannot exercise its judicial power over a case. This article takes issue with that assessment of the performances of the ICJ in achieving International peace and security which is the issue of the moment globally. In the quest to for less destructive ways to resolve disputes / conflicts between States, one of the more lasting and realistic solutions ever proffered is the expansion of the adjudicatory jurisdiction of the International court of Justice and strict compliance by the actors.