ALEX-EKWUEME FEDERAL UNIVERSITY FACULTY OF LAW LL.B PROJECTS
Projects Submitted to The Faculty of Law, Alex-Ekwueme Federal University, Ndufu-Alike, Ikwo, Ebonyi State in Partial Fulfillment of the Requirements for the Award of Bachelor of Law of Alex Ekwueme Federal University Ndufu-Alike, Ebonyi State.
APPRAISAL OF THE RIGHTS OF MENTAL HEALTH PATIENTS
The rights of mental health patients in Nigeria remains a significant social and legal issue, often leading to discrimination, social exclusion, and the denial of fundamental rights. This research critically examined the phenomenon from a legal perspective, exploring the existing legal frameworks and their effectiveness in protecting the rights of individuals with mental health conditions. The study is aimed at appraising the rights of mental health patients in Nigeria. This research employed doctrinal methodology, anchored on appraisal and comparative analysis. In the course of the research, it was found that there are inadequate legal framework protecting the rights of mental health patients. In addition, there is weak enforcement of the extant mental health laws, inadequate mental health infrastructure, and low public awareness of the legal rights. To address these issues, the research recommends, that the constitution be amended, to provide the right to mental health as an enforceable right in Nigeria. In addition, special courts that can entertain and adjudicate all matters relating to mental health should be established. Ultimately, the research highlighted that although there is paucity of extant legal framework protecting the rights of mental health patients, the enforcement of the relevant extant laws remains a challenge, hence, the need for stronger enforcement mechanisms, increased advocacy, and a shift in societal attitudes toward mental health. The role of the law in mitigating stigma and fostering a more inclusive society is emphasized as a critical step toward achieving mental health justice in Nigeria.
LEGAL FRAMEWORK FOR OIL AND GAS TAXATION IN NIGERIA: CHALLENGES AND PROSPECTS
This study examines the legal framework for oil and gas taxation in Nigeria, focusing on its structure, challenges, and prospects for reform. As a major oil-producing nation, Nigeria relies heavily on oil revenue, which accounts for over 90% of foreign exchange earnings. The study analyzes key legislation, including the Petroleum Profit Tax Act (PPTA), Companies Income Tax Act (CITA), Value Added Tax Act (VATA), and Petroleum Industry Act (PIA) 2021, alongside the roles of institutions like the Federal Inland Revenue Service (FIRS) and Nigerian National Petroleum Corporation (NNPC). Using a doctrinal research methodology, it identifies challenges such as ambiguities in tax laws, overlapping jurisdictions, inefficient tax collection, corruption, and environmental degradation. The PIA 2021’s reforms are evaluated for their impact on fiscal efficiency. Findings reveal that while the PIA addresses some issues, implementation gaps and systemic inefficiencies persist. The study proposes legal, institutional, and policy reforms to enhance revenue generation and transparency. This research contributes to the discourse on fiscal policy in Nigeria’s oil sector, offering insights for policymakers, tax administrators, and stakeholder.
THE PROTECTION OF WOMEN’S RIGHT IN NIGERIA: A CRITICAL EXAMINATION
The protection of women's rights in Nigeria is a pressing concern that demands urgent attention. Despite the existence of various international and domestic legal frameworks, women in Nigeria continue to face widespread discrimination, violence, and marginalization. This study seeks to critically examine the protection of women's rights in Nigeria. The aim of this study is to critically examine the protection of women's rights in Nigeria, with a focus on identifying the gaps in existing legal and policy frameworks. The objectives are to investigate the reasons behind the persistent violation of women's rights in Nigeria, identify the gaps in existing legal and policy frameworks, and propose recommendations for improving the protection of women's rights. This study employed a doctrinal research methodology, involving a critical analysis of existing laws, policies, and judicial decisions related to women's rights in Nigeria. The study examined the Nigerian Constitution, international human rights instruments, and domestic laws and policies governing women's rights. One of the key findings of this study is that the Nigerian legal system perpetuates discrimination against women through the application of customary laws that override constitutional rights. For instance, women in Nigeria face challenges in inheriting property, with cultural beliefs and customs often overriding constitutional rights. To address the challenges and gaps identified, the study recommends the following: strengthening existing legal and policy frameworks to ensure compliance with international human rights standards, increasing support for women's rights activism, and promoting cultural and social norms that value and respect women's rights. Additionally, the study emphasizes the need for increased awareness and education on women's rights, as well as the importance of empowering women to participate in decision-making processes. The study concludes that the protection of women's rights in Nigeria requires a comprehensive and inclusive approach that addresses the complex factors perpetuating discrimination and violence against women.
FAMILY LAW AND REPRODUCTIVE HEALTH RIGHTS IN NIGERIA: EXAMINING ACCESS TO CONTRACEPTION AND ABORTION
This paper provided a comprehensive examination of the nexus between family law and reproductive health rights in Nigeria, with a specific focus on access to contraception and abortion. Despite Nigeria's commitment to various international human rights instruments, including the African Charter on Human and Peoples' Rights and the Convention on the Elimination of All Forms of Discrimination Against Women, the country's family law and reproductive health policies often fail to prioritize women's rights and well-being. The purpose of this research is to investigate the ways in which Nigeria's family law and reproductive health policies shape access to contraception and abortion, and to identify the gaps in existing literature on this topic. This research aimed to contribute to the growing body of scholarship advocating for the advancement of reproductive health rights in Nigeria. Using the doctrinal/analytical approach, this study revealed significant barriers to accessing contraception and abortion in Nigeria. Key findings indicated that restrictive laws and policies, combined with societal stigma and lack of awareness, hinder women's ability to make informed reproductive choices. The study also highlighted the disproportionate impact of these barriers on vulnerable populations, including adolescents, rural women, and women living with HIV/AIDS. This study concluded that Nigeria's family law and reproductive health policies must be reformed to prioritize women's rights and well-being. Recommendations included decriminalizing abortion, increasing access to contraception, and promoting comprehensive reproductive health education. The study also emphasized the need for increased funding and support for reproductive health programs and services in Nigeria. At length, this research contributed to the growing body of scholarship advocating for the advancement of reproductive health rights in Nigeria, and highlighted the need for policymakers, healthcare providers, and other stakeholders to prioritize women's reproductive health and well-being.
RIGHT TO EQUAITY: A LEGAL ANALYSIS OF ANTI-DISCRIMINATION LAWS BASED ON SEXUAL ORIENTATION
Equality, in its simplest sense, denotes the principle that all individuals are entitled to equal treatment, rights, and opportunities without unjustified distinction or bias. It is a foundational human rights concept that underpins democratic societies and legal systems across the globe. Sexual orientation, on the other hand, refers to a person’s emotional, romantic, or sexual attraction towards others, which may be directed towards individuals of the same sex, opposite sex, or more than one sex. The main aim of this work is to provide a legal analysis of the right to equality in Nigeria with specific focus on discrimination based on sexual orientation. While international human rights law recognizes the right of all persons to non-discrimination irrespective of sexual orientation, Nigeria’s legal framework remains largely silent and, in many respects, hostile to the recognition and protection of such rights. The objective of this study is therefore to interrogate the extent to which Nigeria’s anti-discrimination provisions align with global human rights standards, to identify the gaps in domestic legislation, and to examine the implications of these gaps for the protection of sexual minorities. The study adopts a doctrinal research methodology, relying on primary and secondary legal sources such as constitutional provisions, statutes, judicial decisions, academic literature, and international human rights instruments. Through this method, it evaluates the scope of Nigeria’s constitutional guarantees of equality and freedom from discrimination, while also interrogating how existing laws such as the Same Sex Marriage (Prohibition) Act undermine those guarantees. The findings reveal that Nigeria has no express legal provisions that protect individuals against discrimination on the basis of sexual orientation. On the contrary, the current legal framework perpetuates exclusion and legitimizes inequality. This lacuna undermines both the universality of human rights and the principle of equality as enshrined in international instruments to which Nigeria is a party. This work recommends the urgent need for legislative reform to expressly include sexual orientation as a protected ground under Nigeria’s anti-discrimination laws. Such reform would not only align Nigeria with its international human rights obligations but also advance the principle of equality as a cornerstone of democratic governance and the rule of law.
IMPACTS OF INTERNATIONAL COMMERCIAL ARBITRATION IN NIGERIAN BUSINESS
International Commercial Arbitration has began to snowball with the increase in international Trade and crave for foreign investment. This trend is not without its problem. It has been glaringly observed that most investors involved in transactional businesses, in desiring to arbitrate outside the seat of the dispute, look forward to certain conveniences as the basis of a particular country to govern the Arbitration. This is executed most times without considering the details of such laws or possible demerits inherent in the law having regard to the nature of the business. This paper critically examines the Impacts, benefits and Challenges Associated with International Commercial Arbitration. Some of its benefits are glaringly discovered in approaches applied and faster than Traditional Litigation and can be more of cost effective than Traditional Litigation. Some of these challenges include a situation where a country where Arbitration is to be held has some interest in the outcome of the award or even a party to the Arbitration or some of the laws are unfair having regard to the nature of the trade between the parties. These International Commercial Arbitration are siquanon to the national interest. Sequel to this, Nigeria acceded to and ratified all and every international protocols, conventions and rules pertaining to international Commercial Arbitration. Judgements from Nigeria Courts as well as awards from Arbitral Tribunals in Nigeria are as good as those of any other civilized anglophone Country in the World. Nigeria continues to take the International Commercial Arbitration abroad where lex fori has absolutely nothing to do with the lex loci contracts and the lex loci solutions avis the challenges. It is against the aforementioned perspectives that we explored in the subject matter with the sole objective of contributing to knowledge.
A CRITICAL ANALYSIS OF THE LEGAL IMPLICATIONS OF ARTIFICIAL INTELLIGENCE IN MUSIC CREATIONS AND COPYRIGHT LAWS
The music industry is no stranger to disruptive technology as the incorporation of Artificial Intelligence (AI) into the music industry has ushered in a myriad of both favorable and unfavorable consequences. On one side Artificial intelligence has instigated a transformation in the creation, consumption, and discovery of music. It has provided artists with new realms of creative exploration, equipped music producers with advanced tools, and elevated the overall music listening experience for aficionados. However, the advent of AI in music industry has triggered high rate of the violation of copyright in music industry as it poses threat to originality and authorship of musical creation. The main objective of this study is to appraise the legal implications of AI in music and copyright laws. In the course of carrying out this research, doctrinal research methodology was adopted and the study recommended among others, that enforcement should be strengthened to hold digital service providers accountable by requiring them to remove infringing AI-generated content upon receiving a notice from the copyright owner, and introduce clear penalties for developing AI to pirate copyrighted works. The study concluded that the advancements in computing are reaching a point where distinguishing between works created by humans and those generated by machines will become increasingly challenging. Hence, it becomes our responsibility to determine the extent of protection we should afford to AI- generated works, even when they involve minimal or no human intervention.
PATENTING HUMAN GENES: ETHICAL AND LEGAL CONSIDERATIONS: USING NIGERIA AS A CASE STUDY
This research examines the complex ethical and legal dimensions of patenting human genes in Nigeria, a country with extraordinary genetic diversity yet limited regulatory framework to address this emerging issue. The study analyzes the current Nigerian legal landscape, primarily governed by the Patents and Designs Act of 1970, which predates modern biotechnology and contains no specific provisions regarding genetic material patentability. It explores Nigeria's obligations under international agreements including TRIPS, the Convention on Biological Diversity, and regional intellectual property organizations, highlighting tensions between these commitments. The research investigates unique ethical considerations arising from Nigeria's colonial history, religious perspectives, cultural values, and traditional knowledge systems, which all inform attitudes toward the commodification of human biological materials. It assesses the healthcare implications of gene patenting in a system already challenged by access issues, while considering potential benefits for local biotechnology development and research funding. The study evaluates recent initiatives like the National Biotechnology Development Agency and participation in the H3Africa consortium, which have intensified the need for coherent policies on genetic resource ownership and benefit-sharing. Through comparative analysis of evolving global approaches to gene patenting, particularly landmark cases like Association for Molecular Pathology v. Myriad Genetics, the research identifies potential models for Nigeria. It examines public awareness gaps and the need for inclusive deliberative processes in policy development. The study concludes by proposing a balanced framework that protects Nigeria's genetic heritage while promoting scientific advancement, suggesting specific legislative reforms, ethical guidelines, and benefit sharing mechanisms tailored to Nigeria's unique context. This research contributes to an understudied aspect of biotechnology regulation in Africa's largest economy, offering insights relevant to other developing nations navigating similar challenges at the intersection of genomics, intellectual property, and public interest.
RESTRAINT AND SECLUSION IN MENTAL HEALTH CARE: UNCOVERING HUMAN RIGHTS ABUSES AND ADVOCATING FOR REFORMS
The stability of mental health has been a pivotal ingredient and a key determinant factor of the overall well-being of individuals. This has been geared towards the preservation of human dignity, the maintenance of a favorable environment for mental health care, ensuring the protection of human rights without compromising the need for individualized care, and the overall goal of promoting a humane and effective mental health care system. The main objective of this research is to critically examine the use of restraint and seclusion in mental health care, uncover human rights abuses, and advocate for reforms to promote human rights. The research adopted the Doctrinal research method to explore the legal frameworks and policies governing mental health care and human rights. Through a thorough analysis of relevant laws, regulations, and case studies, the study provided valuable insights into the use of restraint and seclusion in mental health care. This comparative study contributed to the existing literature on mental health care reform and human rights. The findings in relation to this research boil down to the internal defects of restraint and seclusion that pose a threat to human dignity and well-being, which can be corrected through restructuring and revitalizing of the agencies saddled with the responsibility of enforcement, amendment of some laws in existence, implementation of those Laws related to the protection of mental health Patient and also proffer alternatives to restraint and seclusion in mental health. In the overall, the study contributed to the ongoing discourse on mental health care reform, the negative effect of the use of restraint and seclusion mental health care settings, advocated for a policy and practice reforms that promote human rights and dignity.
FREEDOM OF EXPRESSION IN NIGERIA’S DIGITAL AGE: A CRITICAL ANALYSIS OF SOCIAL MEDIA REGULATION AND HATE SPEECH
This study is an overall dissection of the regulation of freedom of expression and hate speech on digital spaces in Nigeria. It introduces the study by highlighting the rationale for the study by expatiating the background to the study. It outlines the background to the problem, emphasizing the tension between safeguarding free speech and curbing harmful expressions that incite violence or discrimination. It states problems identifying gaps in Nigeria’s legal and institutional responses, including inconsistencies in existing laws and challenges of enforcement in a digital age. The objectives of the study are to critically analyze the legal framework governing freedom of expression and hate speech in Nigeria, assess its compatibility with constitutional and international human rights standards, and evaluate institutional mechanisms for addressing the menace. The study further justifies the study by underscoring its relevance to law reform, democratic consolidation, and the protection of fundamental rights. Methodologically, the work adopts doctrinal analysis of statutes, case law, international instruments, and scholarly writings. The study recognizes a lacuna in the domestic legal framework in Nigeria and how it can be addressed with express recommendations. Overall, it lays the foundation for a comprehensive inquiry into how Nigeria can strike a balance between protecting free expression and preventing hate speech on digital spaces in a democratic society living in a modern, digital and technology-friendly era.
THE EFFECT OF SOCIAL MEDIA ON DEFAMATION LAW: THE BALANCE BETWEEN FREEDOM OF EXPRESSION AND PROTECTION OF REPUTATION IN NIGERIA DEFAMATION LAWS
The advent of social media has revolutionized the way individuals communicate and interact, raising significant challenges for defamation law in Nigeria. The need to balance the fundamental right to freedom of expression with the protection of reputation has become increasingly complex in the digital age. This study aims to examine the impact of social media on defamation laws in Nigeria, with specific objectives to analyse the existing legal framework governing defamation, identify the challenges posed by social media to this framework, and explore potential reforms to address these challenges. Employing a doctrinal research methodology, the study conducts an in-depth analysis of Nigerian laws, court decisions, and legal literature on defamation. The findings reveal that social media has significantly altered the defamation landscape, and the current legal framework is inadequate to address the complexities of online defamation, including issues of jurisdiction, anonymity, and the role of intermediaries. The study concludes that a balance between freedom of expression and protection of reputation is crucial in a democratic society, and that Nigerian defamation law requires reforms to remain effective in the social media age. The study recommends legislative reforms to address the challenges of online defamation, judicial clarification on key issues, and stakeholder engagement to ensure that Nigerian defamation law strikes a balance between freedom of expression and protection of reputation, while also promoting innovation and protecting human rights.
AN APPRAISAL OF THE EFFECTIVENESS OF THE NIGERIAN ARBITRATION AND MEDIATION ACT IN RESOLVING COMMERCIAL DISPUTES
Arbitration serves as the guiding light that direct conflicting parties towards the shores of resolution, encouraging, mentoring, guiding and fostering an environment of harmony, equity in a world were conflicts frequently pose. Arbitration and Mediation is the two popular Alternative dispute resolutions. Arbitration is a process where a neutral third party arbitrator hears evidence and argument from both parties of dispute and makes a binding decision. Mediation is a process where a neutral third-party Mediator facilitates a negotiation between the parties to help them reach a mutually acceptable agreement. Commercial disputes can have devastating consequences for businesses, including financial losses, reputational damage, and strained relationships. Traditional litigation methods often prove inadequate, leading to increased interest in Alternative Dispute Resolution (ADR) methods, particularly arbitration and mediation. This study critically examines the effectiveness of arbitration and mediation in resolving commercial disputes, highlighting their benefits, limitations, and challenges. A comprehensive review of existing literature and empirical data reveals that arbitration and mediation can provide efficient, cost-effective, and flexible solutions for commercial disputes, while also preserving business relationships. However, the study also identifies areas for improvement, including the need for greater awareness, training, and institutional support. The findings of this study contribute to the ongoing debate on the role of ADR in commercial dispute resolution, providing valuable insights for businesses, policymakers, and dispute resolution practitioners. In conclusion, this study demonstrates the effectiveness of arbitration and mediation in resolving commercial disputes, offering a faster, more cost-effective, and flexible alternative to traditional litigation. While challenges persist, the benefits of ADR methods make them an increasingly attractive option for businesses seeking to manage disputes efficiently and preserve valuable relationships. As the use of arbitration and mediation continues to grow, it is essential for businesses, policymakers, and dispute resolution practitioners to work together to promote awareness, training, and institutional support, ensuring that these methods remain a viable and effective means of resolving commercial disputes.
RHYTHM AND RIGHTS: AN ANALYSIS OF THE EFFECTIVENESS OF COPYRIGHT LAWS IN THE NIGERIAN MUSIC INDUSTRY
Music is an important part of human history that has found its pride of place in every part of the world. There is hardly any day that passes by without songs being listened to. It is important that creators of music enjoy the benefits of their works, else lose the motivation to produce more musical works. These creators cannot be protected if the law does not give its protection, and thus the essence of copyright (laws) in nearly every country. In Nigeria, the copyright laws grant an automatic protection to works that have satisfied the statutory requirements of originality and fixation. Unfortunately, the music industry has been affected by the acts of freeloaders – copyright infringement of musical works. Musical creators in Nigeria would benefit more if there was a way to ensure compliance with the copyright law. The laws in Nigeria, unfortunately, are not accommodating with regards to musical works being infringed on the internet and other public space without authorization or permission of the creator. It is a seemingly impossible task, on the part of the musical creator, to monitor all works being published. The general objective of this study is to examine rhythm and rights: An analysis of the effectiveness of copyright laws in the Nigerian music industry. In the course of carrying out this research, doctrinal research methodology was adopted and the work recommended among others that, there is a need for the government to introduce intellectual property enforcement unit, cross border co-operation and more training for law enforcement agents, and concluded that Artists are entitled to some form of compensation every time their musical work or sound recording is exploited in a public and/or commercial setting, and efforts should be put in place to protect copyright in music industry in Nigeria.
THE MANAGEMENT OF BANKS AND THE RIGHTS OF SHAREHOLDERS UNDER THE ASSET MANAGEMENT CORPORATION OF NIGERIA
The study examined the intricate relationships between the asset management corporation of Nigeria (AMCON) bank management and shareholders rights. The management of banks and the protection of shareholder rights under the Asset Management Corporation of Nigeria (AMCON) are fundamental to ensuring the stability and resilience of the Nigerian financial sector. Within the years under review of this study, the banking industry, as well as Nigeria economy was characterized by unprecedented financial and economic crisis, which led to the effect of the crisis of the stock market collapsed by 70 percent in 2008-2009 and many Nigeria banks sustained huge losses, particularly as a result of their exposure to the capital market and down to stream oil and gas sector. Based on these problems in the banking industry and the effect of globalization it influences the interest in this study. The general objective of the study is to determine the present of the law on Asset Management of Bank and the Right of Shareholders. The research is interdisciplinary in scope and addresses both legal and social economic issues. To ascertain information for this research work, doctrinaire research methodology was used, while the secondary date element of empirical research where data from Asset Management Corporation of Nigeria (AMCON) was used as source of information to illustrate the work. The findings stated that the right of shareholders depended largely on provisions in a corporation charter and by-law; that shareholders in corporation are shielded from personal liberality for debts and obligations of the corporation, and also, that the consolidation programmed were necessitated by the need to strengthen the banks, thereby playing pivotal roles in driving development across the sector of the economy. The study recommended adequate practices of banking laws and regulations within the industry, risk focused and rule based regulatory framework, Strick enforcement of corporate governance principles in banking, expeditions process for rendition of returns by banks and other financial institutions through to eases and finally the revision and updating of relevant laws for effective corporate governance and ensuring greater transparency and accountability in the implementation of banking laws and regulation.
THE REGULATION OF CRYPTOCURRENCIES AND THEIR USE IN FACILITATING CRIME: A CRITICAL ANALYSIS OF THE NIGERIAN EXPERIENCE
The burgeoning phenomenon of cryptocurrencies has precipitated a paradigmatic shift in the global financial landscape, fostering unprecedented opportunities for innovation and economic growth. However, the opaque and decentralized nature of cryptocurrencies has also created a fertile terrain for illicit activities, including money laundering, terrorism financing, and cybercrime. Nigeria, with its burgeoning cryptocurrency market, is increasingly vulnerable to these risks, necessitating a nuanced examination of the regulatory framework governing cryptocurrencies in the country. A critical review of the extant literature reveals a lacuna in scholarly research on the Nigerian experience, particularly with regard to the efficacy of the regulatory framework in preventing cryptocurrency-related crime. This study seeks to bridge this knowledge gap by undertaking a comprehensive and critical analysis of the regulation of cryptocurrencies in Nigeria, with a specific focus on their role in facilitating crime. Employing a doctrinal research methodology, this study conducts an exhaustive examination of relevant laws, policies, judicial decisions, and regulatory guidelines in Nigeria. The analysis is situated within the broader context of international best practices and comparative regulatory frameworks, providing a nuanced understanding of the strengths and weaknesses of the Nigerian regulatory framework. The findings of this study reveal a fragmented and inadequate regulatory landscape, characterized by a lack of clarity on the legal status of cryptocurrencies, insufficient enforcement mechanisms, and a dearth of effective anti-money laundering and combating the financing of terrorism (AML/CFT) measures. These deficiencies have created an environment conducive to cryptocurrency-related crime, with far-reaching implications for financial stability, national security, and economic development. This study concludes that the current regulatory framework is insufficient to address the challenges posed by cryptocurrency-related crime in Nigeria. To mitigate these risks, the study recommends the development of a comprehensive and harmonized regulatory framework, predicated on international best practices and tailored to the unique circumstances of the Nigerian cryptocurrency market. Additionally, the study advocates for enhanced international cooperation, improved AML/CFT measures, and increased enforcement capabilities to effectively combat cryptocurrency-related crime in Nigeria.
A CRITICAL OVERVIEW OF THE DOCTRINE OF TRUST AND ITS IMPLICATIONS IN NIGERIA
The doctrine of trust is a fundamental concept in Nigerian law, governing relationships between individuals, families, and communities. However, despite its significance, the doctrine of trust remains poorly understood and often misapplied. This has led to confusion, controversy, and inconsistent application of trust principles in Nigerian courts. This research aims to bridge the knowledge gap in the existing literature on the doctrine of trust in Nigeria. The study seeks to provide a comprehensive and critical overview of the doctrine, exploring its conceptual underpinnings, historical development, and practical implications. Specifically, the research investigates the challenges and complexities surrounding the application of the doctrine of trust in Nigeria. The study reveals significant tensions between the traditional English law conception of trust and the unique socio-cultural context of Nigeria. Key findings highlight issues of enforcement, accountability, and cultural compatibility, which undermine the effective operation of trusts in Nigeria. The study also identifies inconsistencies in the application of trust principles by Nigerian courts, leading to uncertainty and unpredictability. This study employs a doctrinal research methodology, involving a qualitative analysis of relevant statutes, case law, and academic literature. The research also draws on comparative analysis with other common law jurisdictions to identify best practices and areas for reform. The study concludes that the doctrine of trust in Nigeria requires a more nuanced understanding of the complex interplay between law, culture, and society. The research highlights the need for reform and development of best practices to ensure that the doctrine of trust operates effectively and justly in Nigeria. The study recommends the following reforms and best practices: clarification of the legal framework governing trusts in Nigeria; establishment of clear guidelines for the creation, management, and enforcement of trusts; development of mechanisms for ensuring accountability and transparency in trust administration; recognition of the cultural and socio-economic context of Nigeria in trust law and practice; and provision for education and awareness on trust law and administration for stakeholders.
COMPARATIVE ANALYSIS OF ISLAMIC LAW AND STATUTORY LAW ON MARRIAGE AND DIVORCE IN NIGERIA
Marriage and divorce are pivotal institutions in every society, governed by diverse legal frameworks. This study undertakes a comprehensive comparative analysis of Islamic law and statutory law on marriage and divorce, with a focus on the laws and regulations surrounding these institutions in Nigeria. The purpose of this research is to bridge the knowledge gap in the comparative analysis of Islamic and statutory laws on marriage and divorce. Despite the coexistence of these legal frameworks in many jurisdictions, there is a dearth of scholarly research on their comparative analysis. This study aims to contribute to the existing body of knowledge by examining the similarities and differences between Islamic and statutory laws on marriage and divorce, and exploring the implications of these differences for individuals, families, and society at large. This study reveals significant differences between Islamic and statutory laws on marriage and divorce, particularly in areas such as marriageable age, consent, dowry, and grounds for divorce. The study employs a qualitative research methodology, involving a comparative analysis of relevant Islamic and statutory laws, as well as a review of existing scholarly literature on the subject. The study concludes that a deeper understanding of the differences and similarities between Islamic and statutory laws on marriage and divorce is essential for promoting legal pluralism, protecting human rights, and fostering social cohesion in multicultural societies. The study highlights the need for legal reform and policy changes to address the gaps and inconsistencies in the current laws and regulations governing marriage and divorce. The study recommends the development of a more nuanced and context-specific approach to the regulation of marriage and divorce, one that takes into account the diverse legal and cultural traditions that coexist in many jurisdictions. The study also recommends the establishment of mechanisms for dispute resolution and access to justice for individuals who experience marriage and divorce under both Islamic and statutory laws.
THE ADMISSIBILITY OF ELECTRONIC EVIDENCE UNDER THE NIGERIAN EVIDENCE ACT 2011
This study undertakes a comprehensive examination of the admissibility of electronic evidence under the Nigerian Evidence Act 2011.The proliferation of digital technologies has necessitated a reevaluation of traditional evidence rules, yet the Nigerian legal framework has been slow to adapt. This research aims to address the knowledge gap in existing literature by investigating the challenges and prospects of admitting electronic evidence in Nigerian courts. A qualitative research methodology is employed, involving a critical analysis of relevant statutes, case law, and academic literature. The study examines the provisions of the Nigerian Evidence Act 2011 as amended in 2023 and their application in court decisions. It also explores the implications of electronic evidence on the administration of justice in Nigeria. The findings of this study reveal that the admissibility of electronic evidence in Nigeria is hindered by issues of authenticity, reliability, and procedural complexities. The study argues that the Nigerian Evidence Act 2011 provides an inadequate framework for the admission of electronic evidence, necessitating the development of supplementary guidelines and protocols. This research contributes to the ongoing discourse on the intersection of technology and evidence law, highlighting the need for a more nuanced understanding of the challenges and prospects of electronic evidence in the Nigerian legal system. The study's recommendations for reform and development of best practices have implications for the administration of justice in Nigeria. The study's conclusions are based on a thorough analysis of the data collected, and the recommendations are designed to address the challenges identified in the study. The study's findings and recommendations will be of interest to legal practitioners, academics, and policymakers seeking to understand and improve the admissibility of electronic evidence in Nigeria.
TELEMEDICINE AND PATIENT PRIVACY IN NIGERIA: LEGAL AND ETHICAL CONSIDERATIONS IN THE REGULATION OF PATIENT PRIVACY IN NIGERIA
Privacy, Security, and Ethical Considerations in Nigerian Telemedicine.
THE FATE OF CHILDREN BORN THROUGH ASSISTED REPRODUCTIVE TECHNOLOGY (ART) IN NIGERIA: AN EXPLORATION OF THE INTERSECTION OF FAMILY LAW, DNA TESTING, AND EMERGING REPRODUCTIVE TECHNOLOGIES
This study explored the fate of children born through Assisted Reproductive Technology (ART) in Nigeria, with a focus on the intersection of family law, DNA testing, and emerging reproductive technologies. The introduction highlighted the increasing use of ART in Nigeria, despite the lack of clear legal frameworks governing its use. The study examined the legal implications of ART on the status of children born through this method, with a view to identifying the challenges and opportunities presented by emerging reproductive technologies. Using a doctrinal research methodology, which involves a critical analysis of existing laws, policies, and internet materials, the study explored the intersection of family law, DNA testing, and ART in Nigeria. The findings revealed significant gaps in the legal framework governing ART in Nigeria, which creates uncertainty and ambiguity regarding the status of children born through this method. The study also highlighted the challenges posed by DNA testing in establishing paternity and the implications for child custody and inheritance. It is concluded that the use of ART in Nigeria raises complex legal and social issues that require urgent attention. The study recommended the enactment of clear laws and policies governing the use of ART in Nigeria, as well as the establishment of regulatory frameworks to ensure the protection of the rights of children born through this method. Furthermore, the study highlighted the need for public awareness and education on the use of ART and its implications, as well as the importance of addressing the social and cultural challenges posed by emerging reproductive technologies in Nigeria.
SUBVERTING THE HEGEMONY OF BIOLOGICAL PARENTHOOD: A CRITICAL EXAMINATION OF THE INTERSECTIONALITY OF ADOPTION, IDENTITY, AND BELONGING IN NIGERIA
This study undertook critical examination of the intersectionality of adoption, identity, and belonging in Nigeria, with a focus on subverting the hegemony of biological parenthood. Despite the growing number of adoptive families in Nigeria, the dominant cultural narrative continues to prioritize biological ties, often marginalizing adoptive families and individuals. This phenomenon has farreaching implications for the wellbeing and belonging of adoptive families, who often struggle to navigate the complexities of adoption in a society that privileges biological kinship. This research addressed he knowledge gap in existing literature, which tends to overlook the complexities of adoption in the Nigerian context. Using a doctrinal research method, this study analyzed relevant statutes, case laws, and policy documents to examine the legal framework governing adoption in Nigeria. The study revealed the ways in which societal expectations, cultural norms, and institutional frameworks intersect to shape adoptive identities and belonging. Key findings indicate that the current legal framework governing adoption in Nigeria is inadequate, and that there is a need for a more comprehensive and inclusive approach to adoption. The study also highlighted the need for a cultural shift in Nigeria, one that recognizes and values the diversity of family forms and promotes greater inclusivity and acceptance of adoptive families. This cultural shift requires a multifaceted approach that involves education, awareness, and policy reforms. The study concluded that a clearer understanding of adoption, identity, and belonging in Nigeria is necessary to challenge dominant cultural narratives and promote greater inclusivity and acceptance of adoptive families. Recommendations were made for policy reforms and legislative changes to promote the well being and belonging of adoptive families in Nigeria, including the need for more comprehensive adoption laws, increased public awareness and education about adoption, and greater support for adoptive families.
LEGAL AND ETHICAL IMPLICATION OF GENE EDITING TECHNOLOGY: A HEALTH LAW PERSPECTIVE
Gene editing technologies, such as CRISPR-Cas9, have revolutionized medical research, enabling precise interventions for genetic disorders and promising transformative healthcare solutions. However, their rapid advancement raises profound legal and ethical challenges within health law. This paper explores the legal and ethical implications of gene editing from a health law perspective, focusing on safety, equity, informed consent, and effective global governance. The research objectives are to critically evaluate existing legal frameworks, identify ethical dilemmas surrounding genetic interventions, and propose regulatory strategies to balance innovation with public safety and societal trust. Employing a doctrinal methodology, this study analyzes primary legal sources, including statutes, case law, and international bioethics guidelines, alongside ethical principles in health law and policy. The findings reveal significant regulatory gaps, particularly in ensuring robust informed consent processes, promoting equitable access to treatments, and addressing unintended ecological and societal consequences of gene editing applications. The paper concludes that comprehensive, globally harmonized regulatory frameworks are essential to navigate these challenges while fostering responsible scientific progress and public confidence. It recommends establishing interdisciplinary oversight bodies, enhancing public engagement through transparent, inclusive dialogue, enacting adaptive legal standards, and fostering international collaboration to ensure ethical gene editing practices that prioritize patient safety, societal welfare, equitable access to benefits, and long-term sustainability.
PRESS CENSHORSHIP IN NIGERIA, AN IN-DEPTH ANALYSIS OF THE LEGAL FRAMEWORK OF PRESS FREEDOM IN NIGERIA
Press Freedom is sacrosanct for any democracy, a free press has many benefits to the democratic struggle, that it carries the expectation of an ‘absolute right.’ This research critically examines the paradox of press freedom and censorship in Nigeria within the broader framework of democratic governance and constitutional law. The press, often described as the Fourth Estate of the realm, plays a vital role in holding government accountable and promoting transparency; yet in Nigeria, it operates under a dual framework of constitutional protection and statutory restriction. The aim of this study is to analyze the legal foundations that both guarantee and limit press freedom in Nigeria, interrogating how these frameworks affect the role of the press in a democratic society. The objectives include identifying the constitutional and statutory provisions that regulate the press, examining institutional mechanisms of enforcement, evaluating case law, and comparing Nigeria’s press freedom with that of the United Kingdom. The methodology adopted is doctrinal, relying on positive, natural and utilitarian approaches. Primary sources such as the Constitution of the Federal Republic of Nigeria 1999 (as amended), statutes including the Freedom of Information Act, the Nigerian Press Council Act, the Nigerian Broadcasting Commission Act, the Official Secrets Act, and the Cybercrimes Act, as well as international instruments like the Universal Declaration of Human Rights and the African Charter on Human and Peoples’ Rights, were examined alongside judicial decisions. Secondary sources such as textbooks, journal articles, and reports also informed the analysis. The study finds that while Section 39 CFRN guarantees press freedom, the broad limitation clause under Section 45, alongside censorship-oriented statutes, has created a restrictive environment that undermines the press’s constitutional mandate under Section 22 to hold government accountable. Comparative analysis with the UK reveals Nigeria’s stronger tilt towards state control as against the UK’s preference for independent regulation and self-regulation. The study concludes that excessive censorship erodes democracy, silences dissent, and diminishes accountability. Recommendations include narrowing constitutional limitation clauses, amending censorship-prone statutes, strengthening judicial protection of press freedom, ensuring independence of regulatory institutions like the Press Council and NBC, and promoting ethical self-regulation within the press. The research therefore underscores that a democratic Nigeria requires a recalibration of the balance between freedom and restriction, with freedom firmly at the centre of governance.
AN EXAMINATION OF THE INTERSECTION OF CULTURE AND LAW IN CHILD CUSTODY DISPUTES IN MATRIMONIAL COURSES
Child custody disputes in matrimonial proceedings represent a critical arena where cultural norms and legal frameworks converge, often shaping outcomes that profoundly impact family dynamics and children’s welfare. This study examined the intersection of culture and law in child custody disputes within Nigeria’s pluralistic legal system, where statutory, customary, and Islamic laws coexist, influencing judicial and familial decisions. Despite extensive research on child custody, there remains a significant gap in understanding how cultural values—such as patriarchal traditions, communal child-rearing practices, and religious beliefs—interact with statutory provisions like the Matrimonial Causes Act 1970 and the Child Rights Act 2003, particularly in Nigeria’s diverse ethnic and religious landscape. Employing a doctrinal research methodology, this study analyzed primary legal texts, statutes, and secondary sources, including journal articles and textbooks from 2015–2025, to explore how cultural norms shape custody determinations. Key findings revealed that cultural biases, notably gender-based preferences and communal kinship priorities, often undermine the statutory “best interests of the child” principle, leading to inconsistent judicial outcomes, with 60% of custody disputes reflecting cultural influences over legal standards. The study also identified a lack of judicial training on cultural sensitivity, exacerbating tensions in 40% of cases involving inter-ethnic or inter-religious marriages. In conclusion, the research underscored the need for a harmonized legal framework that integrates cultural realities while prioritizing child welfare. Recommendations included mandatory judicial training on cultural competence, legislative amendments to clarify the interplay between customary and statutory laws, and the establishment of mediation mechanisms to balance cultural values with legal principles, ensuring equitable and child-centered custody resolutions in Nigeria’s matrimonial disputes.
THELEGAL AND ETHICAL IMPLICATIONS OF MEDICAL BRAIN DRAIN IN NIGERIA: AN ANALYSIS OF THE IMPACT ON HEALTHCARE DELIVERY AND PATIENT RIGHTS
The mass migration of medical professionals from Nigeria, known as medical brain drain, has severe implications for healthcare delivery and patients' rights. Despite its severity, there is a lack of research investigating the impacts of medical brain drain in Nigeria, necessitating this study. The phenomenon of medical brain drain is characterized by the emigration of skilled medical professionals, resulting in a significant shortage of healthcare workers in Nigeria. The aim of this study is to provide a comprehensive analysis of the legal and ethical dimensions of medical brain drain in Nigeria. The objectives are to examine the impacts of medical brain drain on healthcare delivery and patients' rights, identify the push factors contributing to medical brain drain, and propose recommendations for mitigating its effects. This study employed a doctrinal/analytical research method, analyzing relevant laws, policies, and literature. The study reveals alarming gaps in healthcare service provision, compromised patients' rights, and inadequate regulatory frameworks. The findings indicate that the exodus of medical professionals has led to severe shortages in critical specialties, erosion of healthcare quality, and violations of patients' rights. Furthermore, the study highlights the inadequacies of existing laws and policies governing healthcare service delivery in Nigeria, which exacerbate the effects of medical brain drain. To address the challenges and gaps identified, the study recommends strengthening regulatory frameworks, improving working conditions and remuneration, and implementing effective retention strategies. These recommendations aim to mitigate the effects of medical brain drain and protect patients' rights. In conclusion, the study concludes that urgent attention is required to address the legal and ethical implications of medical brain drain in Nigeria, and that strengthening regulatory frameworks and improving working conditions are crucial to protecting patients' rights.
RETHINKING ABORTION LAWS: NIGERIA AND INTERNATIONAL PERSPECTIVE
In the society today, so much value is ascribed to human life. This is so because life is generally regarded as a precious gift to humanity, which should be cherished and protected, as failure to cherish and protect life will bring about the inevitable extinction of the entire human race. Abortion is one of the numerous contemporary issues that undermine the sanctity and value of human life; for it involves terminating a pregnancy by removing a fetus or embryo before it can survive independent of the uterus, or killing the fetus inside the uterus. Diverse justifications have been advanced both in favour of and against the liberalization of abortion laws globally. Nigerian laws allow abortion only to preserve the life of the mother in the case of medical challenges; abortion done for any other contrary reason is proscribed and regarded as a crime. The main objective of this study is on rethinking abortion laws: Nigeria and international perspective. The study also carried out comparative analysis of abortion laws of some jurisdictions. In the course of carrying out this study, doctrinal research methodology is adopted and the study recommends among others that they should be an adoption of a liberal approach to abortion in Nigeria. This is because Nigerian women and girls do not seem to be deterred by the legal consequences of the "crime" of abortion. The aftermath, however, is that most of the abortions are carried out in medically unsafe environments, thereby endangering the lives of users. The study concludes that passing a liberalized legislation is only the beginning of the availability and safety of abortion. Anyone naive, vulnerable and poor can be affected by unwanted pregnancy. The promotion of access to safe and legal abortion will certainly save the lives of women and strengthen equality between women and men.
EXAMINATION OF DUTY OF MEDICAL CARE TO PATIENTS BY MEDICAL PRACTITIONERS IN LINE WITH THE EXTANT LAWS IN NIGERIA
It is an established law that physicians owe a medical duty of care to their patients. This duty is sacrosanct and must be discharged with such degree of skill and competence the average practitioner of the profession under similar circumstances would use. It is a truism that a healthy nation is a wealthy nation. Medical law being the legal regime that regulates the health sector, the prerogatives and responsibilities of medical professionals as well as the rights of patients; is very significant in protecting patients’ rights. The main objective of this study is to examine the duty of medical care to patients by medical practitioners in line with the extant laws in Nigeria. In the course of carrying out this research, doctrinal research methodology was adopted, wherein case laws and statutes constitutes primary sources of data while textbooks, journal articles, internet sources, seminar and conference materials constitute secondary data. It was found out, among others, that rights of Nigerians relating to health are under the Fundamental Objectives and Directive Principle of State Policy in the Nigerian constitution and so, generally unenforceable. Thus, the citizens are ignorant of their rights to seek remedies for injuries resulting from a physician’s breach of duty of care. The work recommended among others that the Nigerian medical law has to be overhauled, rights of Nigerians relating to health must be removed from the Fundamental Objectives and Directive Principle of State Policy under the Nigerian constitution. The study concluded that a medical practitioner is expected to care for his patient in every professional relationship. Where he fails to exercise the skill or act with the degree of care expected of his experience and status, he is liable for professional negligence.
THE POLLUTER PAYS PRINCIPLE IN NIGERIAN LAW: AN ANALYSIS OF THE LEGAL REMEDIES AND RECOURSE FOR VICTIMS OF ENVIRONMENTAL DEGRADATION
Recognizing the internationally acclaimed efficiency of the Polluter-Pays Principle (PPP) in achieving environmental protection and improvement, Nigeria has formally adopted this principle as a fundamental strategy for addressing environmental degradation and pollution. The essence of the PPP lies in assigning responsibility to polluters, requiring them to bear the financial costs associated with the remediation of the pollution they generate. This approach not only aims to internalize the external costs of environmental harm but also incentivizes polluters to adopt cleaner technologies and preventive measures, thereby fostering sustainable development. Central to this principle is the understanding that environmental deterioration represents a legacy debt owed to future generations, necessitating immediate and effective action to prevent irreparable damage and preserve natural resources for posterity.This study critically examines the efficacy of the Polluter-Pays Principle within the framework of Nigerian environmental law, with a particular focus on the availability and effectiveness of legal remedies and recourse mechanisms for victims of environmental degradation. Despite Nigeria’s commitment to environmental protection encapsulated in several national statutes, policies, and international agreements, the practical enforcement of the PPP faces numerous challenges. These include institutional weaknesses, lack of adequate resources, weak regulatory oversight, and socio-political factors that undermine the consistent application of the principle. This research utilizes a multidisciplinary approach, incorporating legal analysis, case studies, and empirical data to dissect the strengths and limitations inherent in Nigeria’s environmental regulatory framework. It sheds light on how legal instruments, such as the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act, the Environmental Impact Assessment Act, and the various state-level legislations, align with the tenets of the PPP. The study’s critical review reveals that while Nigerian environmental laws formally recognize the responsibility of polluters, enforcement gaps often prevent the principle from achieving its full transformative potential. Victims of pollution, particularly vulnerable communities in the Niger Delta and other industrial zones, frequently encounter barriers to justice, including lengthy litigation processes, inadequate compensation, and limited access to legal support.
CYBERBULLYING AND ONLINE HARASSMENT: A CRITICAL EXAMINATION OF ICT LAWS AND POLICIES
The advent of the Internet and social media has transformed the way people interact and communicate. However, this increased connectivity has also given rise to cyberbullying and online harassment, which can have devastating consequences on individuals, particularly vulnerable groups such as children and women. Nigeria, with its growing online presence, is not immune to these problems. Despite the growing concern about cyberbullying and online harassment, there is a dearth of research on the effectiveness of existing ICT laws and policies in Nigeria in addressing these issues. This study aims to bridge this knowledge gap by critically examining the current ICT laws and policies in Nigeria and their implications for combating cyberbullying and online harassment. The study reveals that while Nigeria has made some efforts to address cyberbullying and online harassment through legislation and policy initiatives, there are significant gaps and challenges in the existing framework. The study highlights issues of inadequate regulation, lack of enforcement, and limited awareness and education about cyberbullying and online harassment. This study employs a doctrinal research methodology, involving a critical analysis of existing ICT laws and policies in Nigeria, as well as online literatures, newspapers, magazines and Internet materials. The study concludes that Nigeria's existing ICT laws and policies are inadequate to effectively address the growing problem of cyberbullying and online harassment. The study highlights the need for a more comprehensive and nuanced approach to addressing these issues, including strengthened legislation, improved enforcement, and increased awareness and education. The study recommends the following: (a) review and amendment of existing ICT laws and policies to specifically address cyberbullying and online harassment (b) establishment of a national cyberbullying and online harassment reporting mechanism (c) development of public awareness and education campaigns to promote online safety and digital literacy; and (d) strengthening of law enforcement capacity to investigate and prosecute cyberbullying and online harassment cases.
AN ANALYSIS OF THE EFFECTIVENESS OF NIGERIAN COURTS IN MANAGING PRE-TRIAL DETENTION: LEGAL PERSPECTIVES
This paper presents an analysis of the effectiveness of Nigerian courts in managing pre-trial detention, examining the legal perspectives and systemic challenges that contribute to the protracted incarceration of suspects. Despite constitutional and statutory safeguards, including provisions of the Administration of Criminal Justice Act (ACJA) 2015, Nigeria continues to face a significant challenge of prison congestion, with a high proportion of inmates awaiting trial. The problem is exacerbated by factors such as a culture of police impunity, judicial delays, insufficient legal aid, and inadequate record management, which collectively undermine the principle of presumption of innocence. Using a doctrinal research methodology, this study critically reviews existing legal frameworks, judicial precedents, and relevant literature to assess the gap between legal provisions and their practical implementation. The primary aim is to identify the root causes of the prolonged pre-trial detention phenomenon and to evaluate the effectiveness of judicial mechanisms in upholding the fundamental rights of suspects. The findings reveal that while the ACJA 2015 introduced notable innovations—such as the mandatory monthly visit of magistrates to police stations and the regulation of remand orders—these reforms have not been fully effective. The judicial system is often overwhelmed by a high volume of cases, and there is a lack of institutional synergy among key justice sector agencies. The paper concludes that the courts' effectiveness is significantly hindered by systemic failures that extend beyond the judiciary itself. To address these issues, the paper recommends a multi-faceted approach. This includes the institutionalisation of a robust case management system within the judiciary to reduce administrative delays. Additionally, it is recommended that the courts adopt a stricter application of bail conditions and remand procedures in line with the ACJA. Finally, the paper advocates for increased collaboration between the judiciary, police, and correctional services to ensure a more efficient and rights-compliant criminal justice process.