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.
INTERNATIONAL JOURNAL OF COMPARATIVE LAW AND LEGAL PHILOSOPHY (IJOCLLEP), VOL 7 NO 1, 2025
EQUALITY OF OPPORTUNITY IN THE CONTEXT OF STATE CHARACTER COMMISSION: A PROGNOSIS AND BALANCE OF FEDERALISM IN NIGERIA
The return to civil rule in 1999 was one which quite excited many Nigerians occasioned by the protracted years of military rule. However, with the intermittent implementation of the 1999 Constitution, which was hurriedly decreed into existence by the then military regime of General Abdulsalam Abubakar, devoid of any rigorous debate or referendum sequel to decree No 24 of 1999. However, the obvious constitutional conundrum associated with the said implementation, especially as it relates to the concept of federal character principle which is a genre of equality of opportunity, made the above referenced euphoria not to last long. Therefore, to stem the noted constitutional tide, successive administrations responded vide integrative and accommodative paradigms inclusive of the establishment of Federal Character Commission as provided in section 153 (1) (c), and Third Schedule Part 1 of the 1999 Constitution, notwithstanding the express provision of section 2(2) of same Constitution. Conversely, since the subject matter of equality of opportunity is a human rights issue; and concomitantly, one of the most contested concepts. This disquisition adopted a doctrinal approach for the purpose of interrogating equality of opportunity within the Nigerian federalism. Consequently, it is the writer’s contestation that since most states in Nigerian federalism are rainbow society in composition. Therefore, without the replication of Federal Character Commission at the state level just like the various Child’s Rights Laws that have been passed into law by majority of State Houses of Assembly, as well as the Kano State Public Complaints and Anti-Corruption Commission that serves the purpose of EFCC, the purport and import of the said federal character principle as contained in section 14(3) of the Constitution, will remain inchoate.
Equality, Federalism, Federal Character, Democracy, And Divided Society
LAW, RURAL SUSTAINABLE ENERGY AND FOOD SECURITY IN AFRICA
Law, African rural communities’ energy and food security are essential to curbing the challenges of food security in the continent. Harnessing the contributions of interconnectivities of law, rural sustainable energy, and food security in Africa will enable the continent to achieve more sustainable progression. This article adopts interdisciplinary research methodology which includes legal analysis, energy, and agricultural perspectives in promoting rural sustainable energy and ensuring food security in the continent. This article identifies key legal barriers and opportunities in the development and implementation of rural sustainable energy projects, such as biofuels, solar, and wind power. It also examines the impact of these projects on food security, considering factors like land use, water resources, and community engagement. It also reveals that a robust legal framework, adopting international treaties, national legislation, and local regulations, is essential for harnessing rural sustainable energy and ensuring food security in Africa. It argues for a holistic approach, balancing energy production, food security, and environmental sustainability, to achieve the United Nations' Sustainable Development Goals (SDGs) in the African context. This article contributes valuable insights for policymakers, scholars, and practitioners working towards a sustainable and food-secure future for Africa.
Law, Rural Sustainable Energy, Food Security, Sustainable Development Goals (SDGs), Africa
STRENGTHENING ACCOUNTABILITY MECHANISIMS IN THE OVERSIGHT OF THE RIGHT TO HEALTH IN NIGERIA
The right to health is a basic human right recognized internationally and embedded in Nigeria’s legal system through the Constitution, health laws, and policies. Yet, many Nigerians still struggle to access quality healthcare, especially in rural and underserved communities. Weak accountability in the health sector is a major reason for this, with challenges including poor policy implementation, political interference, limited citizen involvement, and inadequate institutional capacity. This article looks at how strengthening accountability can help improve oversight of the right to health in Nigeria. It examines the legal and conceptual foundations of health rights, including the AAAQ framework and minimum core obligations, and the government’s duty to respect, protect, and fulfill these rights. The study also reviews key national laws and policies, such as the National Health Act 2014, the National Health Insurance Authority Act, and the National Health Policy, highlighting the roles of federal, state, and local institutions. It identifies obstacles that hinder effective accountability, including the non-justiciability of socio-economic rights, weak enforcement, limited transparency, and low public participation. Finally, the article recommends ways to strengthen accountability in health governance, such as building institutional capacity, improving transparency, encouraging citizen engagement, and ensuring proper enforcement of health laws. By focusing on accountability, Nigeria can make real progress toward equitable, accessible, and quality healthcare for all citizens.
Accountability, Right to Health, Accessibility, National Health Act, Governance
THE JURISPRUDENCE OF POLITICAL PARTY DEFECTION: ANALYZING THE LEGAL STATUS OF CROSS-CARPETING IN NIGERIAN POLITICS
The phenomenon, where elected officials abandon the political platform that brought them to power to join a rival party, has become a defining characteristic of the country's Fourth Republic. It raises fundamental questions about political morality, the binding nature of the social contract between the elected and the electorate, and the stability of the constitutional order. This article aims to provide a comprehensive analysis of the legal status of cross-carpeting in Nigeria. It seeks to examine the historical evolution of this practice, dissect the constitutional provisions governing it, and critically evaluate the judicial decisions that have shaped the current legal landscape. The research adopts a doctrinal methodology. It relies on a critical examination of primary legal sources, including the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act 2022, and key judicial precedents from the Supreme Court and Court of Appeal. Secondary sources such as legal journals, historical records of the First and Second Republics, and contemporary political commentaries are also utilized to provide context. The study finds a sharp dichotomy in the legal treatment of defectors. For the legislative arm, the Supreme Court decision in Abegunde v. Ondo State House of Assembly established a strict test: a lawmaker loses their seat unless there is a paralyzing division in the party at the national level. However, for the executive arm (Governors and President), the courts, relying on the Atiku Abubakar and Umahi precedents, have largely insulated defectors from removal, citing the exhaustion of removal grounds in the Constitution and the immunity clause. The research also finds that recent political compromises, such as the withdrawal of the suit against the 27 Rivers State lawmakers in February 2025, undermine judicial precedents and weaken the rule of law. To restore sanity to the political system, this article recommends a constitutional amendment to explicitly make defection a ground for the automatic removal of executive officeholders. It further proposes the removal of the ‘division’ proviso in Section 68(1)(g) to close the loophole used by legislators, adopting the ‘zero tolerance’ approach seen in India's current anti-defection laws.
Political Party Defection, Cross-Carpeting, Legality, Nigerian Politics
CYBERBULLYING AND BIGOTRY AS HUMAN RIGHTS VIOLATIONS: THE NEED FOR STRONGER DIGITAL RIGHTS PROTECTION IN NIGERIA
The internet has brought a lot of benefits to mankind, providing the foundation for numerous platforms that enable human interaction and communication. The social media platforms, enabled by the internet, amplify voices that would otherwise go unheard, allowing activists, commentators, and even ordinary citizens to express their views without any inhibition. Sadly, these beautiful tools are sometimes weaponised, providing the environment for cyberbullying and amplification of bigotry, allowing the political class to push divisive narratives that eventually assist their personal interests, and exacerbating the tensions previously confined to the offline world. Nations like Nigeria, that has always lived in religious and ethnic tensions, have seen a rise in cyberbullying and bigotry. This article decries the human rights violations that are infringed upon while people engage in cyberbullying and bigotry. The article points out gaps and challenges in the existing legal framework, argues for more robust protection of these inalienable human rights, and advocates greater efficiency in creating a cyberspace that protects users and the entire nation from the ills of cyberbullying and bigotry. This article calls for efficient legislative intervention, stronger institutional capacity and private sector regulation that will provide better digital rights protection for users.
Cyberlaw, Human Rights, Cyberbullying, Bigotry, Social Media
OBITER DICTUM OR RATIO DECIDENDI? EXAMINING ENVIRONMENTAL RIGHTS IN CENTRE FOR POLLUTION WATCH (COPW) V NIGERIAN NATIONAL PETROLEUM CORPORATION (NNPCL)
The Supreme Court’s decision in Centre for Oil Pollution Watch v. Nigerian National Petroleum Corporation has generated sustained debate within Nigerian environmental jurisprudence regarding the precedential status of the Court’s pronouncements on the justiciability of the right to a clean and healthy environment. This debate has been amplified by the recent English decision in Bille & Ogale, which treated Opara v. Shell as reflecting the authoritative Nigerian position and characterised the Supreme Court’s environmental rights analysis in COPW as obiter dicta, on the premise that the sole issue before the Court was locus standi. This article challenges that characterisation. Through a close doctrinal examination of the judgments in COPW, including both the lead and concurring opinions, it argues that the Supreme Court’s engagement with environmental degradation as a threat to life, health, and human survival was not incidental but constituted the indispensable reasoning upon which locus standi was expanded. By grounding standing in the enforceability of constitutional and statutory obligations under sections 33 and 20 of the 1999 Constitution, the Oil Pipelines Act, and Article 24 of the African Charter on Human and Peoples’ Rights, the Court necessarily affirmed the justiciability of environmental rights. The article concludes that these findings form part of the ratio decidendi of COPW and1 represent the current and binding position of Nigerian law on environmental rights and public interest standing.
Ratio Decidendi, Obiter Dictum, Justiciability of Environmental Right, Amicus Curiae, Lead Judgment, Concurring Judgment
Udenna Michael CHUKWULOBE; Ken NWOGU; Nwamaka Adaora IGUH
A LEGAL EXAMINATION OF THE EFFICACY OF FORENSIC INVESTIGATION AND PROSECUTION OF CASES IN NIGERIA
Due to the prevalence of cyber and electronic driven crimes the world over, kinetic and orthodox means of fighting and preventing crimes and criminalities have become outdated and ineffective. Criminals no longer need to move around to commit crimes or perpetrate criminality since the internet and other technological means of engaging in crime are readily available. Most crimes, particularly economic and financial crimes which are on the increase these days, need no human contacts to be committed. This has as well, increased the burden of crime prevention and fighting. The article, therefore, seeks to examine the effectiveness of the use of forensics in investigation and prosecutions of crimes in Nigeria. The doctrinal research methodology is used in this work whereby primary and secondary means of sourcing information and data are freely used and referred to. It is the finding of this work that, some break throughs have been recorded by law enforcement agencies in the fight against crime and criminalities through forensic investigation and prosecution of crimes in Nigeria. There are also some failures record due to the low level of technological know-how, experts and lack of equipment on the side of the operatives. It is also found that, criminals themselves have been doing everything possible to neutralise and defeat these new methods of crime fighting and prevention. It is recommended among others that, frequent training and updates of the equipment and technology in crime fighting be implemented to bring into used modern knowledge, experts, equipment and technology in these engagements to avoid any lapses.
Examination, Efficacy, Forensic, Investigation and Prosecution, Crime, Nigeria
This research is an appraisal of the Laws of War, also known as International Humanitarian Law (IHL). The appraisal of the Laws of War has become necessary in view of the state of armament in some parts of the world. The wars between Russia/Ukraine (since 2022), the wars between the State of Isreal against Hamas, Hezbollah and Houthis; all Iranian stooges, following the massacre and abduction of Israelis on October 7, 2023, and the Israeli/Iranian twelve days war in the month of June, 2025. In the foregoing wars, projectiles, explosive drones, war planes, sophisticated guns, and various brands of air defence systems were deployed. Apart from the deployment of weapons, the world didn’t contemplate, when the first Geneva Convention on the amelioration of conditions of the wounded in battle field was held, what follows the use of these weapons has been deaths, mass miseries, displacement of populations, destruction of homes, places of worship, hospitals, schools and heritage sites. The progress in the IHL is hampered by the development of nuclear weapons, first by the five permanent members of the United Nations Security Council (UNSC), and the promiscuous proliferation to developing economics in violation to the Treaty of Non-Proliferation of Nuclear Weapons in disregard to the devastating consequences of these weapons. This development has put the world on the edge. Attempts by the International Crime Court (Rome Statute) to address the matters of wars against humanity have yielded poor results as the main perpetuators – world powers have continued to act with impunity. This work concludes by acknowledging the importance of IHL and its little success in wars not concerning the super powers. And wonders why the permanent members of the UNSC have continued to act with impunity.
Laws of War, Rome Statute, International Humanitarian Law, Appraisal
IMPLICATIONS OF JUDICIAL CORRUPTION ON GOOD GOVERNANCE IN NIGERIA
Corruption has remained a global menace and very toxic to good governance. It has equally remained toxic to good governance. Corruption has been a general concern in other spheres of life until recently discovered that it has infiltrated the judiciary. The infiltration manifests in various forms ranging from embezzlement, bribery, conflicts of judicial decisions and breach of code of conducts by judicial officers. Recent accusations of judicial officers of corrupt practices and discipline meted by the National Judicial Council (NJC) revealed the degree of the decadence in the judiciary. This has significantly affected transparency, respect for rule of law and democratic ethos which are core values of good governance. The study adopted qualitative design using doctrinal approach. The primary data considered are statute Constitution of the Federal Republic of Nigeria, 1999 (as amended), Economic and Financial Commission (Establishment Act) 2004 among others while secondary data considered include books, journal articles, newspapers publications, case law and online materials. This study found that respect for rule of law, governance transparency and equity are decimated while fundamental right abuse and capital flight increase. It concludes by noting that sustainability of good governance is rooted in a corruption free judiciary.
Good Governance, Judicial Corruption, Implications, Nigeria
Veronica N. EKUNDAYO; Adekunbi IMOSEMI; Taiwo Paul IYANDA,
THE 1999 CONSTITUTION AND JUVENILE JUSTICE SYSTEM IN NIGERIA
The 1999 Constitution of the Federal Republic of Nigeria (as amended) forms the legal foundation for the protection of human rights, including the rights of children in conflict with the law. Although it does not specifically establish a juvenile justice system, its provisions on human dignity, fair hearing, liberty, and equality before the law provide the constitutional basis for juvenile justice administration. Sections 33–42 guarantee fundamental rights applicable to all persons, while Section 17(3)(f) mandates state protection of children against exploitation and neglect. These constitutional principles are operationalised through the Child Rights Act 2003, which establishes Family Courts and promotes a child-centered justice process emphasising rehabilitation over punishment. However, non-justiciablility of sections 17(3)(f) under chapter II of the constitution, non-recognition of family court as court of record, weak institutional implementation of Child’s Rights Act, lack of funding, dilapidation of remand facilities, lack of adequate training of stakeholders involved in juvenile justice administration and the continued detention of minors in adult’s facilities erode constitutional ideals. The Constitution’s collaboration with national and international instruments such as the Child’s Rights Act, Administration of Criminal Justice Act, UN Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child underscores Nigeria’s commitment to a reformative, rehabilitative and rights-based juvenile justice framework. Effective realisation of this vision requires stronger enforcement mechanisms, inter-agency coordination, and a sustained focus on the best interests of the child within the constitutional order.
Juvenile Justice System, Constitution, Child’s Rights Act, Nigeria
Godwin Emeka NGWU; Rosemary Ogechukwu NWEKE
APPRAISING THE LEGAL AND POLICY FRAMEWORKS OF ECOWAS FOR THE ECONOMIC DEVELOPMENT AND SOCIO-POLITICAL INTEGRATION OF WEST AFRICA
The Economic Community of West African States (ECOWAS) is a multinational regional organization whose establishment was primarily inspired by the motivation to promote economic collaboration and advancement across West African countries. This is reflected in ECOWAS founding and subsequent Treaties. In recognition of the significance of good governance, security and stability to the economic development and progress of the region, ECOWAS Treaties and Protocols also made provisions for the promotion of political stability and collective security in the region. In previous years, ECOWAS recorded commendable achievements particularly in the maintenance of political stability and security, while striving to facilitate economic acceleration in the region. Currently, the contrary seems to be the case as the region has become a hub for political instability, the violation of democratic principles, military intervention in government, economic depreciation and insecurity. The relevant question now is: to what extent has ECOWAS actually achieved its objective of promoting economic integration and development, political stability and regional security in West Africa? This work will examine the efforts made by ECOWAS to galvanize economic prosperity and socio-political synergy in the region. The major setbacks and limitations of ECOWAS will also be highlighted and pragmatic recipes for the actualization of the ECOWAS objectives will be prescribed. This research will be of utilitarian value to policy and opinion molders, government of West African states, ECOWAS institutions, researchers, public affair analysts, scholars and the general public. The research will, among other things, demonstrate how ECOWAS can be revolutionized into a formidable alliance and how the bloc can be transformed into an economic and political force to reckon with, while emerging as a result-oriented institution that is worthy of emulation by other regional blocs in Africa and beyond. Doctrinal approach of data collection is adopted here comprising of primary and secondary sources including ECOWAS Treaties, Protocols, journals, books and other relevant publications from the internet source. It is recommended that ECOWAS countries must demonstrate political will and commitment towards achieving national economic development as the vibrancy of the domestic economies of ECOWAS countries is indispensable to ECOWAS economic growth, regional integration, security and socio-political stability.
ECOWAS, Legal and Policy Frameworks, Economic Development, Socio-Political Integration, Appraisal
COMPARATIVE ANALYSIS OF NATIONAL LEGAL MEASURES FOR THE PROTECTION OF INTERNALLY DISPLACED PERSONS IN COLOMBIA AND KENYA VIS-A-VIS NIGERIA
This paper carried out a comparative analysis of the national legal measures to internal displacement of persons in Colombia, Kenya and Nigeria to determine the extent these three nations have accomplished their national responsibility to providing specific legal measures for upholding the rights of IDPs in Colombia and Kenya vis-a-vis Nigeria. The comparative findings disclosed that Colombia and Kenya have made advanced and progressive steps to develop national legal frameworks upholding the rights of IDPs in their countries, while Nigeria has not done the expected much. Because it is the responsibility of States to provide protection to all vulnerable sections of their population, research advocated for the development of a national IDPs-specific legislation in Nigeria to aid the Nigerian state discharge its obligations and responsibilities to IDPs in Nigeria. The study also recommended that Nigeria could borrow a leaf from Colombia and Kenya in development and expansion of its national legal frameworks for the protection and assistance of IDPs in Nigeria.
Protection of Internally Displaced Persons, National Legal Measures, Nigeria, Colombia, Kenya, Comparative Analysis
APPRAISAL OF THE LEGAL FRAMEWORK FOR PROTECTION OF WOMEN AND CHILDREN DURING ARMED CONFLICT IN NIGERIA
Throughout history, wars have been accompanied by atrocities, enormous cruelty, and violence, which from the contemporary legal perspective ought to be seen as mass violations of human rights. Every armed conflict takes a cruel toll on all members of society, regardless of their gender, age, skin color, nationality, or ethnic origin. In situations of Armed Conflict, Women and Children constitute the vast majority of civilian casualties, as they are the most vulnerable. The aim of this research is to appraise the legal framework that protects Women and Children during Armed Conflict in Nigeria. The research adopted a doctrinal method of research to achieve the research aim, which entails the use of both primary and secondary sources such as textbooks, Journals, articles, seminar papers, relevant statutes, case laws, robust consultation, comparison, and overview of books, journals articles in order to buttress the salient points of the researcher. Additionally, an analytical approach was adopted which involves critical thinking skills and the evaluation of facts and information relative to the research being conducted. The findings revealed that some of the challenges in the protection of Women and Children during Armed Conflict are the Lack of Clear Policies to Protect Civilians, the Breakdown of Law and Order during Armed Conflict, Non-Compliance by Armed Conflict, Lack of Funding, Lack of Political Will and lack of enforcement mechanism and Laws are not made specifically for war times. Some of the recommendations are: The Federal Government of Nigeria should put in mechanisms to ensure the training programs for Institutions engaged in the Protection of Women and Children during Armed Conflict and the domestic institutions that are mandated to handle humanitarian situations such as the National Emergency Management Agency and other non-governmental organizations should be adequately funded to boost their morale and acquire the necessary equipment to do their work. Ultimately, the protection of women and children in armed conflict is not only a legal obligation but a moral imperative. Strengthening Nigeria’s legal framework, enhancing enforcement mechanisms, and conducting training programs for civilians and non-civilians are essential steps toward creating a system that genuinely safeguards the rights and dignity of the most vulnerable members of society during times of war.
Armed Conflict, Protection of Women and Children, Legal Framework, Appraisal Nigeria
COMPARATIVE ANALYSIS OF THE LEGAL FRAMEWORK FOR THE PROTECTION OF AI-GENERATED PRODUCTS IN UK, USA, AUSTRALIA, CHINA, EU & NIGERIA
The rapid evolution of Artificial Intelligence (AI) has transformed the global landscape of creativity, obscuring the traditional boundaries of human authorship and innovation. Through the use of machine learning and algorithmic processes, AI now independently produces literature, music, designs, and inventions, challenging the central principles of Intellectual Property (IP) law that have traditionally been centered on human creativity and authorship. The research aims at studying the extent to which other jurisdictions protect works that are AI generated, highlighting their varied legislative, judicial, and policy responses. Employing a qualitative doctrinal approach, complemented by comparative legal analysis and policy evaluation, this study examines how AI-generated products are protected under the intellectual property regimes of the United Kingdom, United States, Australia, China, the European Union, and Nigeria. The study finds that while jurisdictions such as the UK and China are making significant strides in adapting their legal frameworks through statutory provisions, judicial interpretation, and policy innovation, Nigeria remains bound by traditional human-centered legal framework that recognizes only human creators. The work further identifies emerging judicial inclinations, particularly in China, towards a hybrid model that recognizes AI-assisted works where substantial human input was demonstrated. The study concludes that Nigeria’s current IP laws are inadequate to address the intricacies of AI-generated works. It recommends dedicated legislative reform to protect AI-generated and AI-assisted works, capacity-building for judges and stakeholders. These measures are necessary to ensuring that Nigeria’s IP law advances simultaneously with global technological advancements, thereby promoting innovation, creativity, and sustainable economic growth.
Ogugua V. C. IKPEZE; Onyinye Edith ANYANOR
ALGORITHMIC MANAGEMENT AND LABOUR RIGHTS IN AFRICA: REGULATORY GAPS AND POLICY PATHWAYS WITH NIGERIA AS A CASE STUDY
The increasing adoption of algorithmic systems in hiring, supervision and performance evaluation is transforming workplace governance across Africa. In Nigeria, private-sector organisations in banking, telecommunications, logistics and digital services now rely on artificial intelligence and automated decision-making tools to screen candidates, monitor productivity and assign performance scores. While these systems are presented as efficient and objective, they raise significant concerns relating to labour rights, workplace surveillance, data protection and algorithmic bias. This study employs a doctrinal and comparative analytical approach, examining the interaction between algorithmic management, constitutional guarantees and statutory labour protections in Nigeria, and positioning these developments alongside regulatory trajectories in South Africa, Kenya, Rwanda and Ghana. The findings show that existing labour and data protection frameworks do not adequately safeguard workers’ rights to dignity, fairness, transparency and human review in automated decision-making processes. Drawing on contemporary global regulatory developments, including the European Union Artificial Intelligence Act and emerging guidance on algorithmic accountability, the article proposes a rights-based governance framework grounded in transparency obligations, algorithmic impact assessment, mandatory human oversight and enforceable avenues for contestation and redress. It concludes that proactive regulatory intervention is necessary to ensure that technological innovation advances efficiency without undermining equality and justice in the future of work in Africa.
Algorithmic Management, Labour Rights, Data Protection, Automated Decision-Making, Employment Laws in Africa
Nancy NZOM; Moses Daniel EYYAZO; Amarachi Beatrice Igwe AJANWACHUKU
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