INTERNATIONAL JOURNAL OF COMPARATIVE LAW AND LEGAL PHILOSOPHY (IJOCLLEP)
International Journal of Comparative Law and Legal Philosophy (IJOCLLEP) is a peer blind reviewed periodical that provides a dynamic platform for dissemination of ideas on comparative law and philosophy of law. As it is hard, in our contemporary globalized world, to confine developments in law to one jurisdiction and isolate them from another, the Journal is a podium for reports on developments in the field of comparative law from all parts of the world. As also a philosophy of law forum, IJOCLLEP provides an opportunity for spread of the results of analysis of transnational legal history and theory, private international law/conflict of laws, and the study of legal systems, cultures, and traditions.
JUDICIALISATION OF POLITICS AS A THREAT TO POLITICAL SOVEREIGNTY: THE NIGERIAN EXPERIENCE
Experience has shown that economic and social development, political stability etc are concepts that have their bearing on peace and good governance which twin concepts in turn are engendered by free and fair elections. The problems of governance in the Nigerian state are multifaceted but above all, flawed electoral process is most prominent. By virtue of the principles of separation of powers, adjudicatory powers in the country have been vested on the Judiciary. In this work, the challenges, impact and solutions to problems arising from the judicialisation of the Nigerian polity are examined as much as can be undertaken within the context of this paper
Judiciary, Politics, Governance, Politicization, Judicialisation, Courts, corruption
ADMISSIBILITY OF DOCUMENTS ATTACHED TO AFFIDAVIT EVIDENCE UNDER THE NIGERIAN EVIDENCE ACT 2011
The hallmark of admissibility of evidence, documentary or oral is whether or not the piece of evidence sought to be tendered is relevant to the facts in issue in any judicial proceedings. Nevertheless, the Evidence Act, 2011 has made provisions rendering some documents inadmissible in evidence in some circumstances, though they are relevant. These exclusionary rules of evidence operate to exclude some species of evidence as either totally inadmissible or only admissible upon some conditions. It is trite law that depositions contained in an affidavit are by law evidence upon the filing of the affidavit and if not challenged, the court will act upon them as deemed appropriate. In matters done by use of affidavit evidence, the documents relied upon by the parties are put before the court as exhibits attached to affidavit in support of such application and upon filing the affidavit, the document become admitted evidence without the necessity of being tendered by a witness from the witness box. Unfortunately, considering the level of technological advancement as well as the erosion of societal values, particularly integrity, the need has arisen to find a way of ensuring the authenticity of documents attached to affidavit evidence. This work has, in that regards, agitated the admissibility of documents attached to affidavit evidence, bearing in mind the provisions of the Evidence Act, 2011 and Case Law on the admissibility of documentary evidence.
Admissibility, Affidavit Evidence, Documentary Evidence
ANALYSIS OF THE CONSTITUTIONALITY OF EXECUTIVE ORDERS RVSG-23 OF 2020 AND RVSG-24 OF 2020 ISSUED BY THE GOVERNOR OF RIVERS STATE, NIGERIA
Executive orders are fast becoming convenient tools for the management of the operations of the executive branch of government in Nigeria. Despite their frequent use, executive orders have remained controversial in Nigeria. Against this background, the paper analysed two executive orders issued by the Governor of Rivers State – Executive Orders RVSG-23 of 2020 and RVSG-24 of 2020 to determine their constitutional validity. The doctrinal legal research methodology was used and the sources of data were primary and secondary sources of information. The paper found that the Constitution of the Federal Republic of Nigeria1999 (as amended) [CFRN] grants to the governors in Nigeria the power to issue executive orders in the discharge of their constitutional duties of implementing the CFRN and laws. However, the paper observed that Executive Orders RVSG-23 of 2020 and RVSG-24 of 2020 were issued without constitutional and statutory authorisation and many provisions of the executive orders were found to be inconsistent with the CFRN and Rivers State laws which the executive orders claimed to implement. Among other recommendations, the paper advocated for effective legislative oversight over governors’ executive order issuing powers through passing of appropriate legislation and engaging the power of the purse, as well as seeking judicial review of executive actions in deserving cases.
Constitutionality, Executive Order, Executive Branch, Governor of Rivers State, Nigeria
H. O. ONYI-OGELLE & Felix Dimkpa BIIRAGBARA
THE ECONOMIC IMPACT OF BREXIT ON SOME SELECTED EUROPEAN UNION COUNTRIES
The study investigated the economic impacts of Brexit on some selected European Countries (Belgium, France, Germany, Italy, Netherlands, Spain and Sweden). The European Union (EU) has become a model of integration to other regions of the world owing to the gain and success it has recorded. However, the withdrawal of the UK from the EU presents challenges and opportunities for both the EU and UK. The study was aimed at examining the economic impact of post-Brexit economic relations on some selected European Union countries during the period 2016-2023. Specific objectives included investigating the economic impacts of Brexit on some selected countries in European Union in post-Brexit era. The study found that the decision of the United Kingdom to leave the European Union (EU) has had some significant economic impacts on Belgium, France, Germany, Italy, Netherlands, Spain and Sweden. These impacts have been felt in various aspects of the economies including trade and investment, migration and general economic growth etc. The study recommends the need for these selected European Countries to strengthen economic relations with other non-EU member states to help mitigate the impact of UK withdrawal from EU. This is important owing to the fact that Strengthening economic relations with other countries will help attract more economic opportunities to the selected EU countries.
Economic Impact, Brexit, Selected Countries, European Union
Christian Amieboye ABAKU & Helen PARKINSON
INTERROGATING LEGAL AND ETHICAL CONCERNS OF GOD-FATHERISM, GOVERNANCE AND CONSTITUTIONALISM IN NIGERIA’S DEMOCRATIC PRAXIS
The return of democracy in Nigeria in 1999 after another military interruption between 1983 and 1998 came with it a dangerous form of godfatherism which completely changed the landscape of what democracy should be. Democracy, which is supposed to be a form of representative government for the generality of the people, has now become government for the elites and the selected few. People no longer have a say on who governs them and the policies that are made on their behalf. Dividends of democracy no longer get to the people, but the wealth of the nation is shared among the ruling class, their families and their cronies. This paper took a look at the legal and ethical concerns of godfatherism and the resultant effect on the practice of democracy in Nigeria. The study found that governance in Nigeria is no longer participatory but at the dictates of self-acclaimed king makers and godfathers who have turned government into their private estates. It was also found that godfatherism almost always ends in conflicts between the godfathers and their godsons, leaving the masses to suffer for the resultant effects. The paper contended that godfatherism is not a bad practice but turns into a hydra-headed monster when ethics is thrown to the winds and godfatherism is taken to the level of criminality. The methodology used was doctrinal, analytical and qualitative. Secondary sources such as textbooks, journal articles, and the internet were consulted. As part of the recommendations, this paper called for complete reform of electoral process to render godfatherism unimportant and unattractive. Electronic voting could be a solution to this problem.
Nigerian Democracy, Legal Concerns, Ethical Concerns, Godfatherism, Constitutionalism, Governance
GENOCIDAL CRIME AND ITS CATACLYSMIC IMPLICATIONS IN INTERNATIONAL HUMAN RIGHT LAW
The discourse on the legal concept of genocidal crime as an international offence and its cataclysmic implications in international Human Right law is a relatively contemporary evolution. However, the general discourse as it relates to whether people have been committing genocidal crimes is as primordial as the origin of humankind. The aim and objective of criminalizing genocidal offences is meant to conserve, protect and safeguard certain persons and groups from extermination or unlawful extinction. Because of its catastrophic consequences, classification and description of genocidal offences have been reconsidered and fashioned as the crime of crime, a heinous crime, super crimes or the supreme crime meant to attract more public condemnation and increase its attendant punishment. Genocidal offences are direct violation of international human rights law. This paper seeks to investigate the dynamic conceptuality and anatomical elements of genocidal offences as well as synchronize the structural components of the offence. This paper avers that, essentially, the prevalence of a genocidal offence involves synthesized diabolic act and intent. It is the combination of this consequence that transforms as well as forms the required intent to destroy a protected group. Attempts to widen and deepen the denotative legal meaning of the words ‘intent’, ‘destroy,' and 'part' have probably led to the over-elucidation and exposition of the definition and nature of genocidal offences. This paper recommends that the word ‘intent’ suggests that those who commit the illegal act have the intention to carry out a plot that targets members of a secured group with the primary aim of decimating that group completely or in commensurate proportion. This paper further recommends that prosecution of genocidal offences should be made less cumbersome by States national laws.
Genocidal Crime, Human Rights law, International Law, Protected Group, Genocidal Intent
THE ROLE OF CUSTOMARY LAW IN STRENGTHENING THE PRIMARY HEALTH CARE SYSTEM IN NIGERIA
Primary Health Care (PHC) is the foundation of Nigeria’s health system, but it faces persistent challenges of weak infrastructure, poor funding, and low community trust. While statutory law provides the formal framework for PHC, customary law continues to shape the daily lives of millions of Nigerians, especially in rural areas. This paper argues that, despite its legal and institutional constraints, customary law can be formally integrated into PHC governance to enhance legitimacy, access, and accountability. Using the lens of legal pluralism, decentralization, and social legitimacy, the paper shows how customary institutions-chiefs, elders, and community courts-can support health education, dispute resolution, land allocation, and cultural adaptation of health services. It proposes a policy framework that recognizes customary law within PHC delivery, while ensuring alignment with statutory law and human rights. The conclusion emphasizes that integration must be carefully regulated, rights-based, and supported by legislation, training, and resources.
Customary Law, Primary Healthcare, Health Governance, Community Participation, Legal Pluralism
EVALUATING THE BHAGWATI TAX IN THE CONTEXT OF SOUTH–NORTH MIGRATION
South-north migration has been increasingly rewarding due to higher returns on education in developed countries. The Bhagwati tax, proposed by Jagdish Bhagwati, aims to compensate developing countries for the loss of skilled workers. This evaluation examines the arguments for and against the Bhagwati tax, considering its potential to reduce inequality, promote development, and address brain drain. However, concerns regarding administrative complexity, restriction of freedom of movement, and potential negative impacts on trade and investment are also discussed. Ultimately, this evaluation highlights the need for careful consideration of the Bhagwati tax's potential benefits and drawbacks. Evaluating the proposed Bhagwati tax in the context of south-north migration reveals a complex interplay of arguments for and against its implementation. The study uses doctrinal/library-based methodology. Findings reveal that the tax could help developing countries recoup some of the investments they made in educating their citizens who later emigrate.
Bhagwati Tax, Brain Drain, South-North Migration, Skilled Labour, Compensation
IMPACT OF INTERNATIONAL TREATIES ON NIGERIA'S CANNABIS LEGISLATION
This paper analyses the impact of international drug control treaties on Nigeria’s cannabis legislation, focusing on how global obligations shape and limit domestic reforms. Employing doctrinal legal research and comparative analysis, it examines treaty provisions, Nigerian statutes, case law, and policy documents. Findings show that while treaties such as the 1961 Single Convention, the 1971 Psychotropic Substances Convention, and the 1988 UN Drug Trafficking Convention provide a structured control framework, they restrict Nigeria’s flexibility in addressing medical use, industrial hemp, and criminal justice reform. The study identifies tensions between international compliance and Nigeria’s socio-economic and public health needs, cautioning that strict prohibition risks undermining reform opportunities. It recommends a phased approach: legalizing medical cannabis and industrial hemp, easing penalties for minor possessions, and engaging in international fora to push for more flexible treaty interpretations.
International Treaties, Cannabis Legislation, Drug Control, Impact, Nigeria
Benjamin O. IGWENYI & Chiagozie V. ANEKE
THE STATE AS DUTY HOLDERS: AN APPRAISAL OF THE CONCEPT OF CHILD RIGHTS PROTECTION IN NIGERIA
Despite Nigeria's domestication of various international and regional treaties on child rights protection, cases of child rights violation still persist. The problem appears to be centred on the perceived gaps in the legal provisions and their enforcement, as well as the passive role of States in ensuring the welfare and protection of children. Exploring the legal, institutional, and policy frameworks in place, this study aims to critically examine the concept of States as duty holders in child rights protection in Nigeria. In undertaking this task, this study adopts a doctrinal method of research in the analysis of statutory instruments, case law, and international conventions relevant to child rights protection. Findings in this study reveal that whilst laws such as the Child Rights Act 2003 provide a robust framework, issues such as legal pluralism, weak institutional capacity, and lack of political will significantly hinder effective implementation. It is recommended that the government enhance coordination among enforcement agencies, increase budgetary allocations for child welfare programs and intensify public awareness campaigns to shift socio-cultural attitudes that undermine child rights. The study concludes that without deliberate State action and systemic reform, the promise of child rights protection in Nigeria will remain largely unfulfilled.
Child Rights, State Responsibility, Duty Holders and Violation
GUIDING PRINCIPLES ON THE ROLE OF A LEGAL PRACTITIONER IN THE FORMATION OF CONTRACT- A CONTEMPORARY OVERVIEW
It is hornbook law that formation of contract is the exclusive business of parties to the contract. Not even the courts can make contract for the parties. Coincidentally, every agreement does not result to a valid or enforceable contract as some of the essential ingredients of a contract may be missing. Where either the offeror or offeree or both parties retain the services of lawyers in the formation of a contract, the expectation is elevated although the outstanding concerns remain what roles the lawyers should play and what principles should guide them. To answer these questions, the paper deployed the doctrinal research method to analyse judicial decisions and requisite statutory provisions that outline the meaning and ingredients of a contract plus the role of a lawyer engaged in the formation of a contract. The paper found that the five ingredients of a contract are offer, acceptance, consideration, intention to create legal relationship and capacity to contract notwithstanding the countless circumstances where mere invitations to treat which do not qualify as contract were presented to Court for adjudication. The paper further established that lawyers are legally obligated to diligently ensure that essential ingredients necessary for the formation of a valid contract are satisfied failing which they may be sued by their clients for professional negligence. It was therefore recommended that lawyers should master the rudiments of contract law in order to successfully guide their clients to enter into valid contracts as well as reduce rampant filing of frivolous cases including appeals.
Legal Practitioner, Role, Guiding Principles, Formation of Contract
A CRITICAL EXAMINATION OF TAX OFFENCES, ENFORCEMENT MECHANISMS, AND PROSECUTION UNDER NIGERIA’S EMERGING TAX REGULATORY FRAMEWORK
Tax crimes and their prosecution are an endemic challenge of contemporary fiscal governance in Nigeria. This paper is addressed to the legal academy, policymakers, tax administrators and financial regulators and stakeholders generally, for the purpose of assessing how developments in tax laws in recent years redirect the topography of compliance, enforcement, and accountability. The aim is to establish the extent of the new offences, the procedural protections in prosecution, and the sufficiency of penalties as a deterrent to evasion and fraud. The research uses the doctrinal legal research style, analyzing the statute, judicial interpretation and conflicting ideas to bring out the legal consequences of the developmental stage of Nigerian Tax system. The core argument of the paper is that while new tax laws expanded the ambit of offences and different procedural aspects of prosecution, there remain structural vacuum in enforcement with judicial delays diluting deterrence. The paper recommends that the adoption of a moderating policy between enforcement and procedural fairness is critical to ensuring a sustainable tax compliance culture in the country’s tax system.
Taxation, Offences, Prosecution, Compliance, Enforcement
DIFFERENCE BETWEEN ‘FUNDAMENTAL RIGHTS’ AND ‘FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY’ IN THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA
Fundamental Human Rights as enshrined in Chapter 4 of the 1999 Constitution and Fundamental Objectives and Directive Principles of State Policy in Chapter 2, appear to refer to the same thing on the surface. In the wake of the August 2024 End Bad Governance rallies in Nigeria, the discourse on both the mass and social media space, revealed that many commentators (including well informed human rights activists), often fail to draw a distinction between the two chapters of the constitution. In the zeal to stir up public protests across Nigeria, the general impression created appears to be that citizens have a right to good governance and the right to peaceful protest, and these two are often presented as legally enforceable human rights. This research hypothesis is that Nigerians generally do not understand the fine line between Fundamental Human Rights and Fundamental Objectives and Directive Principles of State Policy as contained in the constitution. To test this hypothesis, the researcher randomly sampled the opinions of more than 500 citizens on the streets of Abuja from different backgrounds. The sampled population proved the research hypothesis right, as none of the persons interviewed understood that the right to good governance and the right to peaceful protest are not human rights under the constitution. The work recommended that there is the need for informed public awareness on the distinction between the two concepts.
Fundamental Rights, Fundamental Objectives and Directive Principles of State Policy, Difference Between Constitution of the Federal Republic of Nigeria 1999
IMPACT OF SELF-ASSESSMENT TAX SYSTEM IN ENTHRONING TAXPAYER’S VOLUNTARINESS IN NIGERIA
This study examines the impact of self –assessment system (SAS) or regime where such system has been adopted. SAS ultimately reduces administrative costs of the authorities, and where aided by modern technology, most countries have adopted the system to drive down cost and ensure timeliness in filing tax returns. In the same view, SAS seems to reduce the discretionary powers of the tax officials, and thereby reduces the opportunity for corruption. Pursuant thereto, this entry is thus an academic contribution to examine the objectives of SAS holistically and in particular, to determine to what extent the nation’s tax regime has been able to benefit from the system since its inauguration in the country. To prosecute this investigation, the authors adopted the doctorial methodology, by engaging expository and analytical approaches. Also relied on were primary and secondary sources of data collection. It was the findings of the investigation, among others, that for over three decades or thereabout since the adoption of SAS in Nigeria, that system is yet to take root firmly. Such has been the case because the nation’s tax laws, in the main, seem not to have ignited the envisioned acceptability of SAS. In that light, SAS has not been able to actualize fully its mission since inauguration. Consequent upon that, this entry therefore propounded an overhaul of the contentious provisions of the extant tax laws regulating SAS in Nigeria, going forward.
Enthroning, Pace-Setter, Self-Assessment, Voluntariness, Legislative Review
William Amechi CHUKWUMA & Chisom Chukwuma IBEMESI
EXCLUSIVE JURISDICTION ON ENFORCEMENT OF CONSUMER RIGHTS UNDER THE FEDERAL COMPETITION AND CONSUMER PROTECTION ACT IN NIGERIA: AN OVERVIEW
The Federal Competition and Consumer Protection Act (FCCPA) is an audacious piece of legislation, which codified a plethora of consumer rights and very importantly provides for channels of seeking redress for breach of those rights. The Act establishes the Federal Competition and Consumer Protection Commission (FCCPC) with clear and decisive regulatory mandate with respect to enforcement of the provisions of the FCCPA. A Tribunal known as the Competition and Consumer Protection Tribunal (CCPT) is also established under the Act with appellate powers to review the decisions of the FCCPC. The decisions of the Tribunal are appealable to the Court of Appeal. The central concern of this discourse is whether these institutions have exclusive jurisdiction on enforcement of consumer rights and if so, whether their establishment a fortiori bars an aggrieved consumer from resort to litigation. The paper posits that the FCCPA is not sui generis in regard to enforcement of consumer rights. The Act has rather opened with greater elasticity, the channels of enforcement of these rights and seeking remedies for their breach. Neither the FCCPC nor by extension, the CCPT has exclusive jurisdiction in this regard. The Act emphasises the instrumentality of the courts as a channel of seeking redress and thus, recognises the indispensability of the courts as not only an assertion of the constitutional right of access to justice but also a veritable resort in civil actions for additional compensation or restitution than that imposed by the FCCPC. An aggrieved consumer can approach the courts directly for redress without going through the FCCPC or the CCPT. Welcome on board.
Exclusive Jurisdiction, FCCPC, Enforcement, Rights, FCCPA, Overview
THE GRAVITAS OF SPORTS AS WAR, DEPLOYING ARBITRATION AS A MEANS OF RESOLVING SPORTS DISPUTES
Gorge Orwell opined that sports historically served as a substitute for military conflict, (war) providing societies with a structured outlet for aggression and competition. Both war and sports demand strategy, discipline, teamwork, and an unrelenting drive to win; qualities that fuels rivalries, competition, and disputes, hence there is need to implore a non-kinetic method in resolving disputes arising from this cherished source of entertainment. This paper explores the role and challenges of arbitration in sports dispute resolution with a focus on both international and Nigerian contexts. It highlights the unique advantages arbitration offers to the sports sector including specialised expertise, global neutrality, confidentiality, and the promotion of inclusion and innovation. Through key case studies such as Webster v FIFA, FC Midtjylland v FIFA, and plethora of cases the paper demonstrates how arbitration helps balance complex issues involving contractual rights, regulatory compliance, and athlete protection. However, these cases also reveal ongoing concerns regarding fairness, transparency, and equal access to justice, particularly for underrepresented parties such as young athletes from developing regions. The paper further examines arbitration within Nigerian sports, illustrated by cases involving the Nigeria Football Federation and player contract disputes. These examples expose limitations such as forum shopping, judicial interference, and scepticism toward arbitral decisions. The courts’ recognition of arbitration agreements emphasizes the importance of internal dispute resolution but also points to the need for stronger institutional support and public trust in arbitration bodies. The conclusion underscores that while sports arbitration is a valuable tool for resolving disputes efficiently and fairly, significant reforms are needed to enhance its effectiveness in Nigeria. Recommendations include improving the independence and statutory recognition of the internal arbitral bodies within the Nigeria Football Federation, strengthening the capacity and credibility of sports arbitration institutions, increasing awareness and access to arbitration among athletes and stakeholders, and promoting greater transparency and inclusiveness in the arbitration process. Overall, the paper advocates for a stronger and more transparent arbitration system that promotes fairness, builds trust among stakeholders, and supports the effective resolution of sports disputes at both national and international levels.
Sports, War, Arbitration, Dispute Resolution
PRESIDENTIAL EXECUTIVE ORDER AND DECREE ISSUING AUTHORITY UNDER THE NIGERIAN AND TURKISH PRESIDENTIAL CONSTITUTIONS: A COMPARATIVE ANALYSIS
The Republics of Nigeria and Turkey operate presidential constitutions. A necessary incidence of presidentialism is the entrenchment of the doctrine of separation of powers, which is characterised by the division of governmental powers among the three core branches of government, namely legislature, executive and the judiciary. This paper therefore examined the presidential power to participate in law-making function in Nigeria and Turkey. The doctrinal research methodology was utilised and the method of data collection was through textual analysis of both primary and secondary source materials. The paper found that the Constitution of the Federal Republic of Nigeria 1999 (As Amended) [CFRN] grants to the president the implied power to issue executive orders in the implementation of policies of government while the Turkish Constitution expressly empowers the president to issue presidential decrees and by-laws which operate as primary law. It further found that there is a clearer delineation of the scope of presidential decree issuing authority under the Turkish model than is the case in Nigeria. Since it is impracticable to reasonably expect the president to faithfully execute the laws and policies of government without issuing instruments that have the force of law, the paper recommended that the CFRN should be amended to include express provisions authorising the president to issue executive orders within clearly defined parameters, as is the case under the Turkish Constitution.
Presidential Decree, Executive Order, Nigeria, Turkey, Constitutions, Comparison
COMPARATIVE ANALYSIS OF METHANE MANAGEMENT REGULATIONS IN NIGERIA AND SELECTED COUNTRIES
Methane emissions from Nigeria’s oil and gas sector are contributing approximately 16% to global greenhouse gas (GHG) emissions, contributing to climate, health, and economic challenges due to methane’s global warming potential (GWP) of 82 to 87 times that of CO₂ over 20 years. Initiatives like the Country Methane Abatement Tool (CoMAT) are introduced, yet flaring, venting, and fugitive leaks persist. This article reviewed Nigeria’s legal frameworks like the Associated Gas Re-Injection Act (AGRA) 1979, Petroleum Industry Act 2021, Flare Gas (Prevention of Waste and Pollution) Regulations 2018, and Guidelines for Management of Fugitive Methane and GHG Emissions 2023 to evaluate their adequacy in relation to methane from flaring, venting, and fugitive leaks. A comparative analysis with Ghana, Angola, and Algeria is also conducted to highlight Nigeria’s technical edge and regional gaps. Targeted legislation, enhanced enforcement, and stakeholder collaboration is recommended in this article to align Nigeria with the Global Methane Pledge (GMP) and Nationally Determined Contributions (NDCs).
THE ECONOMIC CONSEQUENCES OF BREXIT ON UNITED KINGDOM IN THE POST-BREXIT ERA
The study examined the economic consequences of Brexit on United Kingdom in the post-Brexit era. However, the withdrawal of the UK from the European Union presents challenges and opportunities for the UK. The study was aimed at examining the economic consequences of Brexit on United Kingdom in a post-Brexit era. The theoretical framework adopted for the study was the theory of inter-governmentalism. The theory assumed that states or governments are the central actors in international politics and they are rational actors. The study found that the decision of the United Kingdom to leave the European Union (EU) has had some significant economic consequences for the UK. These consequences have been felt in various aspects of the economy including trade and investment, migration and general economic growth etc. The study recommends the need for UK government to strengthen economic relations with other non-EU member states to help mitigate the impact of her withdrawal from EU. This is important owing to the fact that no nation is an island. Strengthening economic relations with other countries will help attract more economic opportunities to the country.
Economic Consequences, Brexit, United Kingdom, Post-Brexit Era
IMPACT OF PARENTING ON SOCIAL GROWTH AND DEVELOPMENT OF A CHILD UNDER NIGERIAN LAW
Different parenting philosophies have distinct impacts on kids, influencing their growth in a variety of important ways. Children’s emotional, social and behavioural results are influenced by the unique traits of each parenting style, to wit: authoritative, authoritarian, permissive, and neglectful/uninvolved parenting styles. The purpose of this study was to appraise these dominant parenting styles and their influence on children’s social growth and development. The study utilised the doctrinal research method whereof statutes and case law were utilized as primary source of data, while textbooks, journal/articles and reliable internet materials were used as secondary sources of data. Findings revealed that parenting style has influence on students’ social development. It is inferred that authoritative parenting based on reasoning, understanding, consensus and trust, resulted in pro-social behaviour while authoritarian parenting based on strict rules, force, threat, verbal and physical punishments resulted in anti-social behaviour. It is, therefore, recommended that parents should endeavour to adopt authoritative parenting style to enable their children and wards to develop pro-social behaviour. This would help parents, guardians, teachers and school authorities to understand and appreciate the relationship between parenting style and children’s social development. It is also recommended that for us to have a better and sane society, parents and care givers should always strive to inculcate good morals in children. This will help them grow into better adults. The study concluded that performing moral, psychological and educational interventions in the community and increasing people’s awareness about the psychological factors of parenting style have an effective role in nurturing children’s behaviour in the future, and that lays a solid foundation for a better society.
Parenting, Parenting Styles, Impact, Social growth and Development
Benjamin O. IGWENYI & Lilian Adannaya NGENE
A LEGAL DISSECTION OF TAX OFFENCES IN NIGERIA
Tax Offences are basically committed with the intent of depriving the government of its much-needed financial revenue and this informed the decision to undertake this research. This article analyzed tax offences in Nigeria and the legal framework for combating them. The main objective of this study was to identify tax offences and their causes and propose measures to extirpate them. The study adopted a doctrinal methodology of research which involved both primary and secondary sources. Findings revealed that low tax penalty, high tax rates, improper use of tax revenue by the government, poor tax administration amongst others were the root causes of tax offences in Nigeria. It was recommended, inter alia, that the penalty for tax offences should be upwardly reviewed, tax rates should be reduced and government should not only put adequate measures to enhance efficiency in tax administration but also ensure that the revenue realized from tax is put to good use for the overall benefit of taxpayers as this will significantly galvanize their resolve to pay taxes and eschew tax offences. It is believed that these measures will go a long way towards combating tax offences and improving the revenue yield derived from taxes in Nigeria.
Tax, Taxation, Tax Offences, Tax Evasion, Tax Avoidance, Nigeria
Theophilus Williams NWOKE & Daniel Chidike NWUZOR
THE OMBUDSMAN MECHANISM IN TAX DISPUTES: SAFEGUARDING TRANSPARENCY AND ACCOUNTABILITY
The Ombudsman serves as an important institution to safeguard the system of tax administration and appeal. The core issue addressed in this paper is that Nigeria’s tax system, has the reputation of being intricately cumbersome, unfair and subject to abuse of power, all of which contribute to loss of public trust and compliance. This paper seeks to explore the potential contribution of the Ombudsman in ensuring transparency and accountability in tax disputes, comparing experiences from fiscal governance in some developed and developing countries with similar mechanism. The purpose is to appraise the relevance of the Ombudsman in the Nigeria’s tax system, determine the practical challenges of its application and suggest pathways to enhance the right of the taxpayers. The research method employed is doctrinal legal research, using statutory materials, case law, literature and comparative institutional analysis. The central thesis of the paper is that the introduction of an Ombudsman concept into Nigeria’s tax dispute resolution architecture will not only help improve on the accountability and fairness command of the current tax dispute settlement mechanism but will equally increase voluntary compliance and trust in the tax administration. Among other things, the paper concludes a strengthened and more efficient Ombudsman system is a necessary tool to harmonising state revenue concerns with taxpayer defence in the quest for sustainable fiscal justice and governance.
Ombudsman, Tax Disputes, Transparency, Accountability, Taxpayer Rights
SUPREMACY OF THE CONSTITUTION VERSUS SUPREMACY OF THE LEGISLATURE IN NIGERIA- IMPORTS, LIMITS AND CONSEQUENCES
The doctrine of separation of powers entails that none of the three arms of government encroaches into the powers of the other. Thus, the lawmaking powers of the legislature is sacrosanct as it can make, amend or repeal any law. Nonetheless, the nagging questions are whether legislative powers can be exercised in breach of constitutional provisions and where this happens, what will be the consequence? To resolve this quagmire, this paper deployed the doctrinal research method to analyse diverse statutory and judicial authorities on the intricate but interwoven principles of supremacy of the constitution, separation of powers, checks and balances. The paper further examined the supremacy of the Constitution against the touted supremacy of the legislature and the role of the judiciary where a statute is enacted in breach of the Constitution. It was established that the Constitution is supreme and inviolable for all purposes and that despite separation of powers, the lawmaking power of the legislature cannot be exercised in flagrant violation of constitutional provisions. The paper further determined that the judiciary as the bulwark of the Constitution, acting within the province of its interpretative jurisdiction, is under a duty to uphold the supremacy of the Constitution and consequently declare any statute enacted in breach of the Constitution null and void. It was therefore recommended among other things that in the exercise of its unfettered lawmaking powers, the legislature must strive to uphold the supremacy of the Constitution in order not to legislate in vain.
Nigerian Constitution, Judiciary, Legislature, Supremacy, Void
BORDERLESS DEALS, BOUNDLESS DISPUTES: UNTANGLING JURISDICTION AND LEGAL CONFLICTS IN THE GLOBAL E-COMMERCE MAZE
In an era, where a single click can spark a transaction across continents, the age-old principles of jurisdiction and conflict of laws are being stretched to their limits. When a dispute arises from e-commerce involving parties located in different nations, the parties are immediately presented with conflict-of-laws issues such as judicial jurisdiction, applicable law, and extra-territorial impacts of judgments. The paper argues for more harmonized legal mechanisms that reflect the global nature of digital commerce because, in a world where commerce travels at the speed of light, the law must not crawl. This research critically examined the quandaries of trans-border enforcement of electronic contracts and whether there is universality of adequate laws to facilitate a seamless execution of cross boarder e contracts. The methodology used in this research is the doctrinal research method, which involves a systematic analysis of the primary and secondary source materials, including statutes, decisions of Courts, texts, journals and internet sources. The researcher found that although there is no universality of laws, there exists a unified enforcement mechanism of e contracts under certain circumstances. The researcher recommends that there is an urgent need for more countries to become signatories to strategic e commerce conventions and treaties.
Conflict of Laws, E-commerce, E-contract, Globalization, Jurisdiction
Uwadineke C. KALU & Udoka Miriam EMERENINI
INTERNATIONAL JOURNAL OF COMPARATIVE LAW AND LEGAL PHILOSOPHY (IJOCLLEP) Vol 6, No 3 (2024)
INTERNATIONAL ARBITRATION AS A MEANS OF GLOBAL GOVERNANCE: ITS DEVELOPMENT AND LIMITATIONS
Development of international arbitration over the last decade in the business world has made international arbitration one of the emerging means of global governance. International arbitration through its efficiency demonstrated in cases like Yukos Award, Chevron v Ecuador, the Egypt Court of Cassation has showed how arbitration trends are being accommodated and complied by countries and the recent case of P & ID v Nigeria case demonstrated that even a failed arbitration also serves as a directory to the court. The principles of fairness, neutrality, efficiency in justice delivery of International Arbitration has made it a normative structure and legal culture in resolving the commercial and investment disputes making International Arbitration a norm in the Global Village. This work made a study of the legal framework and Institutional framework of international arbitration, the contending principles and evidences in International Arbitration to show the effectiveness of international arbitration and how it became a normative structure. The study adopted doctrinal methodology and analytical approach with the aid of statutory enactment, case law, textbooks, and journal articles. It is the findings that the Global Governance of International Arbitration has a draw back by too much interference by the court either at the stage of arbitral proceedings or at the stage of enforcement of award or drawback of complexity in arbitration agreement or difficulty in enforcement of awards.
Emmanuel O. C. OBIDIMMA; Obinna MBANUGO; Mmesoma Anita OLI
SHARIA, DEMOCRACY AND RELIGIOUS VIOLENCE IN NIGERIA
The paper is motivated by the insertion of sharia in the Nigerian Constitution in Sections 6(5), 260 – 264 which contravenes Section 10 of Nigerian State. The work will adopt doctrinal methods. The primary source will be direct interaction with people, Nigeria Constitution, The Holy Scripture, Daily news both in print and electronic media. The secondary source will be the use of library materials: Books, Encyclopedia, Journals and Internet sources. Historical, sociological and analytical approaches will be utilized. The essay findings are religious violence and insecurity; the marginalization of Christians in Nigeria in; sharia is an infringement on citizens Religious and Human rights as contained in Chapter 4 of the Nigerian Constitution. How can Christians thrive and preach gospel in such society? The recommendations: introduction of Ecclesiastical laws/courts in the Constitution; strengthening ecumenical movement; increase in Christians political participation; building strong defense framework; good welfare; strong evangelical movements, rebuilding the unity of world council of Churches, training of militant and apologetic ministers, praying fervently; advancement of the academic training of ministers; practical Christianity; increasing the support to Northern Christians etc., Government establishing, good security framework and enforcement of the terror and criminal laws in order to achieve justifiable, peaceful, Sustainable, Nigeria.
DEALING WITH THE EMERGING TRIPLE PLANETARY CRISES: THE IMPERATIVE OF EFFECTIVE LEGAL RESPONSE
The triple planetary crises of climate change, biodiversity loss, and pollution have emerged as significant threats to the global environment. Their interconnected challenges pose grave and unprecedented danger to the ecological balance, global stability and the whole gamut of human rights, necessitating immediate and comprehensive action. Addressing these intertwined crises requires, among others, effective and coordinated legal intervention at international, domestic and corporate levels. Available legal frameworks relating to environmental protection are rather inadequate, often fragmented and inefficiently enforced. Current international treaties, national regulations, and their implementation mechanisms have not been able to catch up with the speed and rate of environmental degradation driven by anthropogenic activities across the globe. The emerging triple planetary crises are beyond the contemplation of the existing legal instruments which now lack the necessary integration and enforcement to effectively mitigate them. This paper therefore, seeks to identify, and understand how law can evolve and be restructured to provide more robust solutions. It analyses major international treaties and agreements like the New Paris Agreement and Convention on Biodiversity, national and local legislations regarding environmental protection. It further explores the imperative of corporate environmental responsibility, stressing the exigency of stringent legal standards and enforcement procedures. The paper concludes that a holistic and cohesive legal response is crucial to navigate the complexities of the triple planetary crises. It recommends enhanced international cooperation, stronger corporate accountability, careful integration of scientific insights into legal processes, and adoption of right-based strategies, to drive transformative change in the campaign for healthy and sustainable environment.
TERRORISM AND COUNTER-TERRORISM PARADIGMS AND MODELS IN SELECTED JURISDICTIONS: LESSONS FOR NIGERIA
As terrorism continues to pose serious threat to global peace and security, the quest to preserve the human race necessitated a progressively evolving legal response across jurisdictions in the bid to address the menace. The development consequently gave rise to the drive for states to transplant mechanism and framework that have succeeded elsewhere. It is in the light of the above that this article offers a legal analysis of counter-terrorism frameworks in select jurisdictions, touching the United States, the United Kingdom, Egypt and India, largely from the Nigerian standpoint. It focuses on legislative strategies, institutional structures, human rights safeguards, and operational effectiveness. Drawing on statutory provisions such as Nigeria’s Terrorism (Prevention and Prohibition) Act, 2022, the USA Patriot Act, and similar laws in the UK, Egypt and India, this article critically examined how states balanced security imperatives with democratic accountability and the rule of law. Using the doctrinal approach, it explored the legal underpinnings of preventive detention, surveillance powers, asset forfeiture, and trial procedures for terrorism-related offences. The study identified key strengths and limitations in each legal regime, highlighting recurring challenges such as overreach, procedural opacity, and the erosion of civil liberties. It further distills actionable lessons for legislative refinement, institutional collaboration, and rights-respecting enforcement in developing jurisdictions, particularly Nigeria. The work concluded by advocating for Nigeria’s strict adherence to best practices; adopting a more harmonized counter-terrorism model that incorporates international human rights norms, fosters inter-agency coordination, and prioritizes both security and justice in the global fight against terrorism.
Ikenga K. E. ORAEGBUNAM; Benjamin Okechukwu NWEKE
THE POLYGRAPH AND LIE DETECTION: ITS USE IN THE NIGERIAN LEGAL SYSTEM
The polygraph, also known as a lie detector is a device that measures physiological responses like heart rate, blood pressure and perspiration while a person is asked questions. The assumption is that these physiological changes can indicate whether someone is lying or telling the truth. The objective of this work is to find out whether the polygraph and its results are used in the Nigerian legal system. The doctrinal method of research was employed. The findings of the work show that while the polygraph tests are used in Nigeria, their widespread use is not fully established particularly within the legal system. The work recommends for training for the Nigerian law enforcement investigation departments especially for security screenings involving theft, fraud, computing and violent crimes.
Jude Uchenna OKOYE; Chinazor Queen UMEOBIKA