Nnamdi Azikiwe University Journal of International Law and Jurisprudence

An overview of the legal and institutional framework of noncustodial service in Nigeria

2024-09-11T04:26:41+00:00

Non-custodial Service is novel in the history of corrections in Nigeria. It is that aspect of the correctional service that overseas and superintends the administration of non-custodial measures ordered by the courts. Non-custodial measures are sentences of court that do not consist of immediate incarceration. These measures include- probation, parole, community service and restorative justice. The Correctional Service Act, 2019 institutionalized non-custodial measures by establishing a separate institution to run and coordinate the management of persons sentenced to any of these alternative measures. This paper examined the legal and institutional framework of Non-custodial Service in Nigeria. The paper adopted doctrinal methodology. It was found that although there are cocktails of non- custodial measures in the law, custodian centres are still congested with inmates serving custodial sentences for minor offences and a greater percentage awaiting trial. It was discovered same was orchestrated by some legal and institutional bureaucracy and gaps. We recommend rejigging of the legal and institutional framework for effective implementation of non-custodial measures. The amendment of the law should reflect pre-trial diversions given that what is in the laws are postsentencing measures. It is also recommended that necessary committees be set up and adequate fund released to run the scheme.

Legal overview of Treasury Single Account (TSA), a tool for combating corruption in Nigeria

2024-09-11T04:33:50+00:00

The Treasury Single Account (TSA) is a public accounting system where all government revenues are consolidated into a single account, and all payments and receipts are processed through this account. This paper examines the legal and institutional framework and overall efficacy of the TSA in combating corruption within Nigeria's tax regime. It is the responsibility of every administration to ensure accountability and transparency in government revenue generation and expenditure. The TSA system aims to consolidate government cash balances, minimize fraud perpetration, and block revenue leakages in Nigeria. By exploring the implementation of TSA in Nigeria's tax administration, this study investigates its effectiveness in addressing challenges such as revenue losses and wastages in government ministries and agencies. The introduction of TSA has significantly contributed to reducing fraud and consolidating government cash balances in the country. TSA undoubtedly mitigates corrupt activities in the public sector by promoting accountability and transparency in public finance management. In order to effectively carry out this study, the paper adopted doctrinal methodology by reliance on primary and secondary sources to analyze the use of TSA in Nigeria's tax administration. The paper found that there is lack of awareness on the importance of TSA in government financial management. The paper recommended that regulatory bodies raise awareness about the importance of TSA implementation across all tiers of government to enhance financial independence and buoyancy. TSA, although relatively new in Nigeria, was designed to combat corruption in the financial sector and boost the nation's economy through transparency and accountability in revenue generation. Taxation, a major source of government revenue, has historically suffered from mismanagement and lack of oversight, particularly among its administrators. The study suggests that the adaptability of the TSA concept could significantly contribute to curbing corruption in Nigeria's tax administration and other revenue sources. The paper also recommended for appropriate legislation that would ensure to the effective implementation of TSA.

Analysis of human rights implication during counter-terrorism operations in Nigeria

2024-09-11T04:41:41+00:00

Human rights are the heartbeat of every society. Undoubtedly, government is meant to protect these rights, but the extent of violations by the security operatives in Nigeria is very disturbing. These violations are as a result of security threats and high value placed on national security by the government. Nigeria is facing serious security challenges with global concern. However, in the course of curbing this worrisome situation, government engages the services of security operatives without any specified guidelines. Most of these agencies capitalized on the breakdown to commit violations on the rights of citizens. These are manifested extra judicial killings, torture and ill-treatment, rape, arrest, enforced disappearance among others. The motivation of this paper was borne of the desire to analysis of human rights implication during counter-terrorism operations in Nigeria. Thus, this paper adopted doctrinal research method. This includes both primary and secondary sources. The paper identified scars of human rights violations perpetrated by the security operatives during counter-terrorism operations in Nigeria. It further proffered solutions by advocating on the need for improvement and effective implementation of anti-torture act, adequate sanction and special trainings on the protection of rights of IDPs among others.

Appraising the legal regime on sexual offences against children in Nigeria

2024-09-11T04:51:10+00:00

The rate of child molestation in Nigeria is alarming and disturbing. This paper interrogates the legal regime on sexual offences against children in Nigeria. It specifically examines the extant criminal legislations that prohibit and punish carnal connection between adults and children in Nigeria. The paper adopted doctrinal research method through critical content analysis of relevant laws and scholarly works on the subject matter. It found that sexual offences against children are extant and unabated notwithstanding the avalanche of criminal legislations that prohibit the act and punish perpetrators. The authors recommended among others moral cum value re- orientation, sex education, and strict enforcement of the extant criminal legislations in the Nigerian Laws. It concludes that carnal knowledge of a child; whether male or female is a crime as well as a violation of the human right norms of the child.

Mechanisms for the enforcement of international law – strength and downside

2024-09-11T04:57:35+00:00

The idea of international law is to establish a set of rules that will regulate the conduct of States and other non-State actors. However, enforcement mechanism is one key challenges of international law against the backdrop that international law is created by the consensus of States and only by their cooperation can the violation of same be enforced. This cooperation entails, among others putting in place some mechanisms to ensure that the violation of international law does not go unpunished. International law has thus been frustrated by the issue of enforcement mechanisms. Hence, quite unlike municipal law, it has been argued that international law lacks the characteristic enforcement mechanisms evident in every domestic legal system. Against this background, the paper examined the enforcement mechanisms of international law and the downside of these mechanisms. To achieve its aim, the paper adopted doctrinal method of legal research which entails the use of primary sources of law such as international treaties/ conventions, international customary rules, and case-laws. The paper also employed secondary sources of law such as relevant journal articles and textbooks. Based on the analysis of these materials, the paper revealed that international law does in fact have some mechanisms for its enforcement but then that the principle of State sovereignty; lack of cooperation and political will by States; lack of voluntary submission to the ICJ’s jurisdiction and poor funding are some of the major obstacles of the mechanisms. To surmount these challenges, the paper recommended, among others, compulsory submission by States to ICJ’s Jurisdiction; political will/ cooperation by States; and adequate funding of the mechanisms. These, it is hoped, will help strengthen these mechanisms and make them more effective to meet the demands of international law.

Appraising the cybercrimes (Prohibition, Prevention etc.) Act, 2015 in the context of jurisdiction in cyberspace

2024-09-11T05:02:28+00:00

The Nigerian Cybercrimes (Prohibition, Prevention Etc) Act 2015 is the fundamental legislation regulating activities of persons and organizations within the Nigeria’s cyberspace. The Act governs detection, prevention, investigation, arrest and prosecution of computer and computer networks or internet related crimes in Nigeria. The aim of this work is to appraise the Cybercrimes (Prohibition, Prevention Etc) Act, 2015 in the context of jurisdiction in cyberspace. Its major objectives are: to make an overview of the cybercrimes Act; to determine the bases of jurisdiction in cyberspace; to appraise the issue of state’s sovereignty in cyberspace; to ascertain the type of jurisdictions in cyberspace created by the cybercrimes Act 2015 and to establish the bases of cyberspace inherent in the cybercrimes under the Act. Doctrinal research methodology was adopted. It was the findings of this work that the physical and human components of cyberspace are subject to the sovereign powers of the state to prescribe, adjudicate and enforce while the software component, by virtue of its deterritorialized and trans-boundary nature may not be subject to territorial jurisdiction of the state. This work concluded that the physical and the human components of cyberspace are subject to the territorial jurisdiction of the state and that the software component is not subject to the territorial jurisdiction of the state; the bases of jurisdiction created by the cybercrimes Act 2015 in its section 50(1) are: subjective territoriality, objective territoriality, and nationality and so on. It is recommended that the software component of cyberspace be treated as fourth international space and that UN should put in motion steps to formulate an international convention or covenant on cybercrimes.

A legal survey of the regulatory and bioethical issues associated with the use of artificial intelligence in healthcare service delivery in Nigeria

2024-09-11T05:07:06+00:00

Artificial Intelligence (AI) can be contextually explained as machines that mimic human or animal cognitive capacity cum activities. Artificial Intelligence applications have progressed from the experimental phase to the implementation phase in daily life activities, and various fields of human endeavour, including research and healthcare service delivery. This Paper interrogates, in the main, the application of Artificial Intelligence in healthcare service delivery, especially in medically assisted human reproduction, the benefits it provides, the challenges associated with its use, and the bioethical issues associated with its application in patient care; the main focus of the Paper is Nigeria. The paper adopted a doctrinal research method. The study finds inter alia that there is a dearth of materials on the regulatory framework for the use of Artificial Intelligence in healthcare practice, despite the obvious bioethical concerns associated therewith. It is concluded that there is a need for the application of Artificial Intelligence in healthcare delivery to be within the bounds of law and ethical practice. Accordingly, the Paper recommends that various countries and jurisdictions should endeavour to intentionally establish adequate legal, regulatory, and national digital policy frameworks for regulating the implementation and monitoring of the use of digital health strategies for improved care and access, reduced cost, and protection of patients’ rights.

Review of challenges to national security in Nigeria and Government responses

2024-09-12T06:14:06+00:00

The fundamental principle for the existence of any true democratic society is the promotion of national security. Security is very important for national development. This is because no nation makes meaningful progress if there no peace. Nigeria is of recent greatly challenged by disturbing security situations such as terrorism, insurgency, banditry, kidnapping among others. It has become imperative to review the Nigerian security arrangement for optimal performance. It is in the light of the above that this study is geared towards the review of challenges to national security in Nigeria and government responses. This paper adopted doctrinal research method and relied greatly on data collected from primary and secondary sources. However, a thorough examination of the data assembled revealed that the security challenges in Nigeria is huge due to some institutional factors. This therefore, recommended for review of counter-terrorism law; creation of sustainable employment and empowerment opportunities, implementation of Grazing Land Law among others.

A review of the attitudes of the United Nations and belligerent states towards international humanitarian law provisions during armed conflicts

2024-09-12T06:31:03+00:00

It has been argued among men of letters that war is inevitable in human society, that war is so much weaved into the fabric of our being, that it always was and always will continue to be. Humans, sadly, have been at peace for only 8 percent of the past 3,400 years of recorded history. According to a Spanish – born American philosopher, George Santayana, it is only death that can set us free from wars; and the Gospel of Matthew in the Bible warns of “wars and rumours of wars”, concluding glumly that “such things are bound to happen.” Wars or armed conflicts are actually random disasters of which the definite time and place they will occur, we do not know but which the recurrence we must expect just as we expect other natural disasters. They are facts and issues of life which we must expect, accept if we must, and device a means of regulating them as much as we can. Under International Humanitarian Law (the bedrock which is the 4 Geneva Conventions and the Additional Protocol), there are sets of rules that regulate and restrict the means and method of warfare and of course the protection of those who are not and/or are no longer participating in hostilities. Belligerents’ states and all parties fighting in a conflict are obliged to respect international Humanitarian Law, be they governmental forces or non-state actors. Article 33 and 13 of the United Nations’ Charter specifically call on the organization to help in the settlement of international disputes by peaceful means, including arbitration and judicial settlement, and to encourage the progressive development of international law and its codification. This Article evaluated the attitudes of the United Nations and the belligerent states towards the provisions of International Humanitarian Law (IHL) during armed conflicts. The researchers employed doctrinal research methodology while data were garnered from both primary and secondary sources. Findings revealed that while the attitudes of belligerent States to the rules of armed conflict are majorly influenced by the circumstances of the State’s foreign policy that of the United Nations is politics and their interest in the area. It is worthy of note that the United Nations, as an inter-governmental institution, is not a party to the Geneva Conventions (Laws of armed conflict), but the State parties to the organization are, and therefore should adhere to the rules. History shows that in times of armed conflict, the laws of war are frequently violated. The research ended with recommendations which if religiously followed would help in regulating and moderating armed conflict and its ugly outcome as there appears to be no end to war.

Ascertaining the effect of the seat of arbitration on the arbitral award

2024-09-12T06:44:26+00:00

This paper ascertained the effect of the seat of arbitration on the arbitral award using Article VII of the New York Convention as a reference point. The paper on the one hand examined the implication of Article V (1) (e) that gives the national court the discretion to enforce an award that has been set aside and on the other hand, the use of domestic standard(s) to either set aside an award. The paper adopted doctrinal research method. It was discovered that there no clear-cut doctrinal leadership under the Convention framework and in the arbitration jurisprudence of a few jurisdictions regarding the foregoing issues. It thus recommended theoretical guidance by way of a hybrid approach. This approach refers to the combined application of Articles V (1) (e) and VII of the Convention to protect the integrity of the arbitral award. The approach ultimately reconciles the territorialism/seat theory and delocalization theory of arbitration.

Evaluating the legal framework for sustainable carbon tax and budgetary system in Nigeria

2024-09-12T07:10:31+00:00

Nigeria as part of its own contributions to the reduction of global warming introduced the carbon tax policy as a radical intervention to step up a desire in corporate firms and industries to rethink their manner of doing business and sources of energy. The Federal Government of Nigeria on 13th February 2023 took cognitive action to harness future gains from reducing gas flaring.1 The objective of this paper is to examine how far the carbon taxing policy in Nigeria can be effectively activated. The paper adopted doctrinal research method. It was discovered that the nations businesses and industries need commitments in the form of the carbon tax, to effectively reduce their carbon footprints, but the infrastructure and technology to administer the tax is not yet adequate. It was also the finding of the paper that there is need to determine the uses that the fund collected from carbon tax will be put to, and to determine the industrial sectors that most need the implementation of the tax. Such funds can lead to massive infrastructural development in other key sectors such as health and education. It is therefore recommended that the introduction of the carbon tax Policy, as well as modalities for carbon trading should be speedily implemented with policy guidelines, legal framework and assistance by the National Council on Climate Change (NCCC).

An appraisal of the statutory tax obligations of non-profit organisations in Nigeria

2024-09-12T07:21:06+00:00

The Non-Profit Organisations also known as Non-Governmental Organisations (NGOs) are an important part of the Nigerian society as they are quite impactful in many areas of our daily lives. NGOs are usually not profit-making organisations and there have been some ambiguity in the legislation governing the taxation of NGOs, especially with regard to the definition of the term ‘public character.’ Pursuant to changes introduced to the tax regime under the Finance Act 2020, the Federal Inland Revenue Service recently issued two Information Circulars, both dated 31st March, 2021 the Circulars detailed the rules that will, henceforth, guide its tax treatment of non- governmental organisations in Nigeria. There are different challenges faced by the Government tax agencies with respect to accessing tax for Non-Profit Organisations in Nigeria. To tackle these challenges, the Federal Inland Revenue Service created tax obligations of Non-Profit Organisations in Nigeria. The aim of this paper is to appraise the various statutory tax obligations of Non-Profit Organisations in Nigeria and also provide recommendations for an effective and efficient taxation of income of non-profit organisations in Nigeria. The researchers adopted doctrinal legal research methodology using analytical approach with the aid of statutes, case law, textbooks, and journal article and internet materials. At the end the researchers found among other things that taxation of NGOs in Nigeria is indeed surrounded with uncertainties ranging from non-direct recognition of NGOs by the relevant corporate and Tax laws to plethora of other tax challenges discussed in this work. The researchers concluded inter alia that Non-Profit Organisations (NGOs) are vital to addressing various social, economic, and environmental challenges in Nigeria. It is also concluded that the dynamic nature of their activities necessitates a clear cut tax legal framework that is both adaptable and specifically tailored to their unique needs. The researchers recommended among others that there is need for periodic review and amendment of Tax Legislation for NGOs and the Strengthening of the legal and institutional frameworks for effective taxation of NGOs in Nigeria.

A call for a positive electoral system for the protection of the rights of voters, minorities and public accountability in Nigeria democracy

2024-09-12T07:42:13+00:00

One of the cardinal achievements of any nation is the principle of democracy which is the architect of a free and fair election. No nation can move forward where democracy and rule of law are lacking. In Nigeria for example, there have been series of elections dating back to colonial days up to the present time. In order to ensure that there is a positive electoral system for example in the country Nigeria, protection of the rights of the electorates, minorities and public accountability must be watchword of the government. This is because where these are undermined they became attack on rule of law and democracy. This paper aimed at ensuring that there should be adequate protection of the rights of voters. For this purpose, the paper adopted a doctrinal research method. Findings were revealed on the challenge to the protection of voters, minorities to wit; election violence, vote buying, bullying among others. The above necessitated recommendations to the effect that adequate protections should be available to voters, minorities and equally, there should be public accountability in our democratic process. The paper concluded that if all these views and recommendations are put into practice, Nigeria democracy or electoral system will be one of the best which would be emulated by other parts of the world.

Comparative review of compensation for the victims of crime under Nigerian and United States criminal justice system

2024-09-12T07:58:02+00:00

The criminal justice system in Nigeria and United States begins with arrest, arraignment, trials, conviction and punishment. In addition, there is an idea of rehabilitation and socialization as part of the systems. The focus is about the accused, the crime, the state, or society and indeed punishment for the offenders with little or no adequate attention on the victims of crime let alone how the victims of crime can be compensated, rehabilitated and protected as person whose human right guaranteed by the constitution and social contract have been violated especially under the Nigeria Criminal Justice System. These victims of crime suffer psychological, emotional and physical harm due to the criminal conduct of the defendant or criminal negligent on the part of the state. It is against this backdrop that this paper seeks to determine whether there is victims’ compensation law in Nigeria and if there is, is it adequate enough compared to other countries like the United State. This paper adopted doctrinal research method and recommends that there should a comprehensive and realizable law on how to compensate all manners of victims of crime in Nigeria just like in United States.

Legal basis for entrenchment of Human Rights in the constitutions of selected African countries

2024-09-12T08:07:03+00:00

The concept of human rights is not only universal dates back to antiquity. In the present world order, a single human right violation may spark international outrage. This underscores the sacredness of the fundamental rights of man. The practice of entrenching human rights of the citizenry in the constitution is now common among African countries. Presumably, this practice rein-enforces the rights, making them easier to enforce and enjoy. It is incontrovertible that Africa has made a tremendous progress in the global democratization process within the past decade. Paradoxically, however, human right abuses appear to be on the increase although these rights have been entrenched in the constitutions. This anomaly compels inquiry, hence this research. In this work, the doctrinal approach hinged on exposition and comparative analysis was adopted in order to establish whether there is a uniform trend in the entrenchment of human rights in the various constitutions of selected African countries, having regard to their human rights provisions. These constitutions are critically analysed to ascertain their human rights content in the context of their justiciability. Also, the case laws of these countries on human rights are appraised. This research reveals that the constitutions of most countries of Africa are replete with detailed provisions on human rights but that some also contain ouster clauses, which have made some of the rights non-justiciable. This work equally discovers that most international human rights instruments and treaties ratified by some African countries have either not been incorporated in the municipal laws of the countries or that the relevant enforcement mechanisms have been jettisoned, thus rendering the treaties or instruments worthless for the purpose of human right protection and enforcement among others. The paper recommends a number of measures which, if adopted and relentlessly pursued, would stem the ugly tide of human rights violation and generally improve the living condition of the people of Africa.

A critique of the legal and institutional frameworks for property succession in Nigeria

2024-09-12T08:27:12+00:00

The issues relating to property succession and succession law generally derive their origin from history. Just as it is with institutions such as government or education, the study of history of the law may proffer explanations of how particular principles arose as soon as the roots of the current law are identified. Life issues in succession today involve, for instance, the division of the deceased’s property on intestacy. These are actions which are governed and guided by rules and procedure from time immemorial. Certain things have however changed considerably. The distinctions between land and personalty, in particular, have become blurred in all areas of Law, so that most people whose interest in land is in a family home, own what is technically an interest in money and not an interest in land as such. The rules of inheritance of realty (land) and personalty have been aligned. The rise of commerce and increasing use of credit brought about changes in the role of a deceased person’s personal representatives and their obligations to deal with his debts as well as his properties. These issues therefore gave rise to the need for this research, for there to be a tailored provision of the Law whereby property depicted as (realty) land are provided for and property described as personalty (other assets save land) are specifically provided for in our relevant Laws. This work embarked on a critique legal and institutional frameworks of property succession in Nigeria with a view of improving the laws relating to succession to property in Nigeria. The methodology adopted in this paper is the doctrinal research with descriptive, narrative and comparative analysis. Relevant materials were sourced from both primary and secondary sources that included statutes, books, journals and case laws. The paper found that there are no severance and specifications in the provisions of our Laws with respect to property which refer to realty (land) and personalty (other properties save land). It was also discovered that there is a lacuna in the Administration and Succession (Estate of Deceased Persons) Law 1999, with respect to devolution of intestate properties on a widow. The paper therefore made some recommendations which include that the Laws relating to property succession in Nigeria should be amended to include a different provision for succession to realty and personal properties of the deceased.

Local government autonomy and federalism in Nigeria: Resolving the tripartite power-sharing conundrum through the judiciary

2024-09-12T08:49:38+00:00

This paper examines the nature of power-sharing in Nigeria’s federalism, its impact and inherent defects or contradictions in the administration of Local Government. The debate over Local Government autonomy within Nigeria’s federal structure remains a pivotal issue in the discourse on federalism. It took a decisive turn with the Supreme Court’s decisions directing the payment of revenue allocation directly to Local Government from the Federation Account. Nigeria's federal system embodies a web of Federal, State and Local Government inter-government relations. While the status of the Federal and State Governments is firmly entrenched, Local Governments have remained emasculated and subjected to the control of the states. Using the analytical research methodology, the paper constructively analyses power-sharing between the federal and sub-national governments. It reviews the legal and political framework for Local Government that has remained topical. Through analysis of constitutional and statutory provisions, review of judicial decisions on Local Government and the undercurrents underpinning the dynamics of the control exerted by the states over Local Government, it will ascertain the challenges for Local Government autonomy, which include financial dependence and undue interference from the state/federal government, constitutional ambiguities on the status and power of Local Government resulting in intergovernmental conflicts. In preferring actionable remedies, the paper advocated for constitutional reforms to specifically delineate the status and responsibilities of local government within the federal order, political and fiscal autonomy and a credible mechanism for conducting local government elections. It concludes that local government, as the pivot of grassroots development, should be integrated as an autonomous political entity in a tripartite power-sharing, free from the manipulation of the states.

Constitutionalisation of Human Rights in selected African states and reasons for abuse

2024-09-12T09:00:39+00:00

It is incontrovertible that Africa has made a tremendous progress in the globalisation of human rights in the past decade. This is demonstrated through the proclamation of African Charter on Human and Peoples’ Rights. However, despite this progress, abuse of human rights appears to be on the increase as a result of several factors to wit: insecurity, poverty, unemployment, attitude of government officials and security agents. The above prompted this research for the purpose of unearthing the factors responsible for human rights abuse in selected African countries. This paper adopted doctrinal approach hinged on exposition and comparative analysis of primary and secondary sources of materials such as case law, statutes and internet resources. The paper revealed that the constitutions of most African countries repeated in detail the provisions of international bill of rights and African Charter on Human Peoples’ Right yet several practices hindered the protection of human rights in Africa. Such practices include ouster clauses, locus standi, non-justiciable provisions among others. The paper also discovered that most international human rights instruments and treaties ratified by some African countries have neither been incorporated in the municipal laws of the countries nor that the relevant enforcement mechanisms put in place, thus rendering the treaties or instruments worthless for the purpose of human right protection and enforcement among others. The paper recommends a number of measures which, if adopted and relentlessly pursued, would stem the ugly tide of human rights violation and generally improve the living condition of the people of Africa.

Liability on the doctrine of contributory negligence of parties and assumption of risk in maritime related incidents: An appraisal

2024-09-12T09:24:57+00:00

Negligence is a common cause of action in Maritime disputes. It is usually by the passengers aboard the ocean-going vessel or cargo owners, seamen and the shipowners who have suffered damage to their person or property. Contributory Negligence and Assumption of Risk is an idea that naturally allies within the province of the Law of Tort. In other words, both doctrines are the obvious basis of tortious liability. It is the focus of this paper to examine the developments in the law of negligence that have placed these ideas at the centre of tortious liability. The researchers analyse the concepts of both doctrines and also consider the implications of its development for the future of Tort Law. The researchers adopted doctorial research method through the review of primary and secondary sources of materials relevant to the topic. It was discovered that Negligence is a common cause of action in maritime disputes.

Fuel subsidy removal and its implications on the economic rights of Nigerians

2024-09-12T09:52:41+00:00

Fuel subsidy as a policy began in the 1970s and became institutionalized in 1977 as the Price Control Act was enacted. Subsidies existed because it was a means of making petrol affordable for every Nigerian. This policy is seen as a welfare policy that has helped the economic life of Nigerians by making life a bit affordable for the average citizen. This paper examines the removal of petrol subsidy and its implications on the economic and welfare rights of Nigerians. It also looked at the reason for the removal of the subsidy by the Government. The objective of this paper was to determine whether the removal of petrol subsidy by the Federal government violates the economic and welfare rights of Nigerians such as the right to means of livelihood. This paper adopted the doctrinal research methodology. It was discovered that the removal of petrol subsidy violates the economic and welfare rights of Nigerians. The paper recommended that the government should rescind this policy, prioritize the welfare of Nigerians by declaring a state of emergency on the refineries, provide palliatives that will cushion the effect of petrol subsidy removal, add renewable energy to its energy mix to reduce too much concentration on Hydrocarbon energy among others.

Comparative analysis of corporate restructuring practices: Nigeria, India and United Kingdom

2024-09-12T10:22:59+00:00

In today's competitive landscape, companies must continuously restructure to sustain growth and maintain their competitive advantages. This paper employed a doctrinal research methodology to provide a comparative analysis of corporate restructuring practices in Nigeria, India, and the United Kingdom, with a focus on how these practices differ in distinct economic and regulatory environments. The analysis highlighted both similarities and differences in the restructuring strategies employed by companies in these countries, shaped by their unique economic conditions, regulatory frameworks, and industry-specific challenges. The study found that while all three countries provide mechanisms for financially distressed companies to reorganize their debts and continue operations, the effectiveness of these strategies is largely influenced by local economic factors, the maturity of the legal infrastructure, and the specific challenges faced by different industries. Based on these findings, the paper recommended that Nigerian companies consider adopting best practices from India and the United Kingdom, such as the UK’s flexible restructuring tools and India’s time-bound insolvency procedures, while carefully tailoring these strategies to fit Nigeria’s local economic realities. By drawing on these insights and adapting to local conditions, Nigerian companies can enhance the effectiveness of their restructuring efforts, support sustainable growth, and strengthen their position in both domestic and international markets.

Examination of the offence of undue influence under the electoral act 2022

2024-09-12T10:41:33+00:00

The offence of undue influence under the Electoral Act 2022 is a critical legal tool designed to protect the integrity of elections by preventing the manipulation of voters through payment of money either directly or indirectly in order to achieve a specific outcome or to discourage voters from participating freely and fairly in the electoral process. This offence is rampant in Nigeria and it is a serious violation of the electoral process. The offence of undue influence is treated with strict penalties under the Nigerian law. The judiciary as the watch dog of all authorities and persons in Nigeria plays a crucial role in addressing this offence. There are a lot of challenges in proving undue influence because of the high evidentiary standard required to nullify an election based on such claims. The writer looks at this offence with the aim of reducing this offence to its barest minimum for the purpose of strengthening Nigeria’s democratic system. Doctrinal research methodology was adopted in this work. The offence of undue influence is one of the major threats that prevent the achieving of free and fair elections in Nigeria. The work proffers solutions aimed at eradicating this menace in our democratic journey for the benefit of our nascent democracy.

A critical examination of alibi rights in Nigeria and The United States of America

2024-09-12T11:10:22+00:00

This research undertakes a critical examination of alibi rights in Nigeria and the United States of America, with a focus on the legal frameworks, judicial interpretations, and practical applications in both jurisdictions. The study explores the concept of alibi, its significance in criminal proceedings. A comparative analysis of the Nigerian and American legal systems reveals both similarities and differences in the treatment of alibi rights, including the burden of proof, disclosure requirements, and the role of the defense and prosecution. An apt component of criminal law and jurisprudence is the fact that globally, an accused person or defendant as the case may be is often availed the opportunity to be heard and table either before a judge or jury his defences in his bid to be discharged or acquitted. One of such defences is alibi. As one of the oldest and widely invoked defence in criminal cases, this paper seeks to dissect the defence in a view to understanding how it is invoked, sustained and upheld under our Nigerian legal system and jurisprudence and that of the United States of America. Ultimately, this research aims to contribute to the improvement of criminal justice systems in Nigeria and the United States by highlighting best practices, proposing reforms, and promoting a more robust protection of alibi rights. The research adopted doctoral method through the review of primary and secondary sources of materials. The research identifies challenges and limitations in the exercise of alibi rights in both countries, such as inadequate legal representation, lack of access to forensic evidence, and judicial biases. The study also examines the implications of these challenges on the accused’s right to a fair trial and the pursuit of justice. It was based on the foregoing that recommendations were made.

Review of the consequences of human rights abuse by the Nigerian police

2024-09-12T11:17:34+00:00

The primary function of the police is to enforce law and order in the society for the protection of human rights. It is unfortunate that these people who are meant to be the watchdogs of the society have now turned into its most ruthless predators. There are ample reported cases (and much more unreported) cases of police brutality and violations of human rights in Nigeria. This has resulted in the masses losing trust in the police system as a government agency. The objective of this article is to review the consequences of human rights abuse by the Nigerian police. The paper adopted a doctrinal research method through the use of primary source (such as statutes and regulations) as well as secondary source (such as books, academic journals, newspaper publications, television documentaries, Internet materials, etc.). The causes of human rights abuse by the Nigerian police include systemic corruption; inadequate welfare package for police officers; lack of training and re-training; etc. In order to prevent the recurrent incidences of human rights abuse by the Nigerian police the paper recommend for a police reform through subjecting prospective members of the Nigeria Police Force to mental health evaluation, compulsory training on policing standards for police officers on a regular basis is also recommended; paycheck of the police officers should be raised to be at par with current economic realities and there should be incentives to police officers who are of the optimum professional behaviour at the end of a given period. These recommendations among others will enhance in the optimal performance and professionalism of Nigerian police.