INTERNATIONAL REVIEW OF LAW AND JURISPRUDENCE (IRLJ)
International Review of Law and Jurisprudence (IRLJ) is a scholarly, peer-reviewed and fully refereed journal that publishes high quality research papers in law and jurisprudence including sociolegal issues of contemporary significance. The Review is abstracted and indexed with Google Scholar. IRLJ seeks for papers based on doctrinal or empirical or mixed research methodologies. It provides a forum for theoretical cum policy analysis, debate and critique aimed at solving developmental problems. The Review is also dedicated to presenting and reporting research findings on system-wide trends on law and jurisprudence, international or municipal. Well researched and original papers on topical and relevant subject matters, and case/book reviews are therefore welcome. IRLJ appears three times a year in January, May and September, which articles promptly appear in Google scholar. Submission of manuscripts can be made all through the year.
AN EXAMINATION OF THE CHALLENGES AND PROSPECTS OF THE ROLE OF THE COURTS IN ELECTION MATTERS IN NIGERIA
The role of courts in election matters in Nigeria remains indispensable to the survival and consolidation of democratic governance. Despite the numerous challenges such as delays in adjudication, conflicting judgments, political pressure, and declining public trust, the judiciary continues to serve as the final arbiter of electoral disputes and a guardian of constitutionalism. The prospects of the courts lie in their ability to strengthen the rule of law, protect electoral rights, and promote accountability when supported by effective legal reforms and institutional independence. Addressing the identified challenges through sustained reforms, capacity building, and strict adherence to judicial ethics will enable the courts to perform their functions more efficiently and credibly. Ultimately, a strong, impartial, and responsive judiciary is essential for ensuring credible elections and deepening democracy in Nigeria.
Election Matters, Challenges, Prospects, Role of Courts, Nigeria
NIGERIA’S PROPOSED DOMESTIC WORKERS’ RIGHTS ACT: IMPLICATIONS FOR STAKEHOLDERS
A Bill on the rights of domestic workers, premised on the International Labour Organisation’s Convention No. 189, was recently proposed by Nigeria’s National Assembly, It was welcomed by the executive arm of government as aligned with its law reforms agenda for Nigeria’s Labour Act of 2004. In Nigeria, ‘Domestic work’ is ‘invisible’ and unregulated. Besides that, the rights of workers, both in private and public sectors are often abused, or not being fully implemented, despite some proactive pronouncements of the country’s Industrial Court, which has constitutional authority to determine labour-related disputes based on international best practices. This paper, through doctrinal research into the background of the C189, assessed the successes and failures of other signatories of the convention to juxtapose the findings with Nigeria’s socio-cultural realities. Based on human rights theory, it x-rayed the hurdles that will likely arise in the implementation of the proposed law. These included socio-cultural attitudes towards human rights of the down-trodden members of the society, often seen as mere charity cases. Others were attitudes of the various stakeholders towards a formalised regime for domestic workers. The paper recommended mass education and reorientation on the right to decent work as a human right. It also highlighted the need for meticulous and accountable regulation of the private recruitment agencies prescribed by the Bill, to ensure the training and retraining of domestic workers to better entitle them to minimum wage and other rights of workers.
Domestic Work(ers), Rights of Workers, ILO Convention No. 189 (C189), Decent Work
LEGAL PROTECTION OF AI-GENERATED WORKS: APPRAISING THE ADEQUACY OF NIGERIA’S INTELLECTUAL PROPERTY FRAMEWORK
Artificial intelligence (AI) is transforming creativity and innovation, generating content that rivals human creations. AI produces music, fashion, and recipes with minimal human involvement, challenging traditional intellectual property (IP) regimes. This research examines Nigeria's IP laws and their adequacy in protecting AI-generated content. Using a qualitative, doctrinal approach, the study identifies gaps and challenges in the current framework. Nigeria lacks comprehensive legislation governing AI-generated content protection, highlighting the need for policy and legal reforms. The research recommends enacting legislation to protect AI-generated works and establishing a specialized IP court for timely adjudication. This study provides insights into the evolving landscape of IP and AI, offering recommendations for policymakers and stakeholders to navigate emerging challenges.
Artificial Intelligence, Intellectual Property, Infringement, Patentability, Authorship, Nigeria
Ogugua V.C. IKPEZE; Onyinye Edith ANYANOR
PROTECTION OF THE LEGAL RIGHTS OF INTERNALLY DISPLACED PERSONS IN NIGERIA VIS-A-VIS COMPLIANCE WITH THE INTERNATIONAL PROTECTION STANDARDS
This work appraised the protection of the legal rights of the internally displaced persons ‘IDPs’ in Nigeria under the national legal regimes and the extent to which they comply with the international protection standards or the minimum essential elements requirements of state regulations for IDPs’ protection using five (5) basic legal rights of the IDPs. The research found that Nigeria’s legal regimes for IDPs and the protections provided therein, generally and specifically do not meet the international protection standards or the minimum essential elements requirements of state regulations for adequate protection of IDPs. Key among the factors that necessitated the inadequacy and gaps included the Nigeria’s government poor attitude and weak policies marring the fulfillment of government’s national responsibility to adequate legal protection of IDP’s in Nigeria, the non-existence of any legal binding IDPs-specific legislations or established specific institution for the protection and assistance of IDPs in Nigeria. The research generally recommended and called on the Nigerian Government, the Nigerian Legislatures, policy makers and the Nigerian judiciary to be pro-active in ensuring the fulfillment of the Nigeria’s National responsibility to adequate protection of IDPs through proactive pronouncements by the Nigerian courts re-enforcing the IDPs’ legal rights, enactment of a legal binding IDPs-Specific legislation that embodies the minimum essential elements requirements of state regulations or the international protection standards for adequate protection of the legal rights of IDPs in Nigeria and provision of adequate resources and effective mechanisms for ensuring the full implementation of the recommended legal measures.
Internally Displaced Persons, Legal Rights, International Protection Standards, Nigeria
WHO OWNS WORKER DATA, PRIVACY, CONSENT AND ALGORITHMIC CONTROL IN DIGITAL WORKPLACES? A NIGERIAN CASE STUDY IN THE AFRICAN CONTEXT
The expansion of digital technologies in the workplace has transformed how labour is organised, monitored and evaluated. In both Nigeria and other African labour markets, employers and digital platforms increasingly collect, analyse and utilise data generated by workers in the course of employment. This includes biometric data, productivity metrics, location tracking, performance analytics and behavioural indicators. While such data is often justified as necessary for efficiency, security or optimisation, it raises fundamental questions regarding ownership, control, consent and the boundaries of managerial authority. This article examines the legal and regulatory implications of worker data governance, focusing on Nigeria as a case study situated within broader African developments. Using a socio-legal and doctrinal analytical approach, the study evaluates the Nigerian Data Protection Act, the National Data Protection Regulation, constitutional privacy guarantees and existing labour law frameworks to determine whether current legal protections adequately safeguard worker autonomy and dignity. The analysis shows that although data protection instruments recognise individual rights to privacy and consent, the employment relationship complicates the voluntariness of consent and enables asymmetric power dynamics in data collection and use. Across African jurisdictions, similar tensions are evident, particularly as platform-based and digitally mediated work expands. The study argues that ensuring fair and transparent data governance requires clearer legal recognition of workers’ rights over data generated through their labour, limits on algorithmic decision-making, and accountability mechanisms for employers and platforms. Strengthening regulatory safeguards is essential to maintaining worker dignity and agency in increasingly data-driven work environments.
Worker Data, Digital Surveillance, Algorithmic Management, Labour Law, Data Protection
Nancy NZOM; Daniel Moses EYYAZO; Amarachi Beatrice Igwe AJANWACHUKU
AN ANALYSIS OF THE LEGAL FRAMEWORK ON CORRUPTION AND ITS ATTENDANT EFFECT ON JUDICIAL PERFORMANCE IN NIGERIA
This study critically analyses the legal framework governing anti-corruption efforts in Nigeria and their influence on judicial performance. It reviews key anti-corruption laws, including the Corrupt Practices and Other Related Offences Act, the Economic and Financial Crimes Commission (EFCC) Act, and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) Act, examining their jurisdictional scope and effectiveness in fighting corruption in both the public and private sectors. The research highlights the roles, mandates, and operational challenges of leading anti-corruption agencies, such as the EFCC, ICPC, Code of Conduct Bureau (CCB), and the Nigerian Financial Intelligence Unit (NFIU), along with their enforcement powers through Nigeria’s superior courts. Notably, the study critiques inconsistencies and constitutional controversies within some laws, such as provisions that seem to shift the burden of proof onto accused persons, and conflicts with constitutionally protected rights, including the presumption of innocence and the right to silence. Furthermore, the paper investigates procedural practice directions and legislative reforms aimed at expediting corruption trials to address long-standing delays in the justice system. The analysis underscores the judiciary’s pivotal role in interpreting and enforcing anti-corruption legislation and stresses the importance of ongoing legal and institutional reforms. It concludes with a call for stricter adherence to procedural rules and enhanced cooperation among legislative bodies, the judiciary, and enforcement agencies to ensure more effective anti-corruption adjudication in Nigeria.
Corruption, Legal Framework, Judicial Performance, Effect, Nigeria
RETHINKING REPRODUCTIVE RIGHTS BEYOND BIOLOGICAL MOTHERHOOD IN NIGERIA’S INDUSTRIAL SECTOR: LEGAL PERSPECTIVES
In Nigeria's industrial sector, sexual and reproductive rights are primarily conceptualised through the lens of biological motherhood, emphasising fertility, pregnancy, and childbirth. This notion marginalises working-class women who, despite possessing reproductive rights, are unable to biologically reproduce. Using a doctrinal methodology, this article critically examines Nigeria’s constitutional provisions, statutory frameworks, and cases to reveal the inadequacy of its legal protection for sexual and reproductive autonomy beyond biological capacity. Particular attention is paid to the Constitution of 1999, the Labour Act, and the Child’s Rights Act, which collectively fail to recognise assisted reproductive technologies like surrogacy and adoption as legitimate avenues of reproductive expression which should possess reproductive right. The article will examine South Africa’s legal framework, where constitutional guarantees of dignity, equality, and reproductive health, alongside legislation such as the Children’s Act 2005 and the National Health Act 2003, explicitly regulate assisted reproduction, surrogacy and Adoption. A progressive shift towards recognising reproductive rights as grounded in autonomy rather than biological reproduction. The article highlights Nigeria's inadequacy in safeguarding women confronting infertility or choosing non-biological avenues to parenting. It advocates for a redefinition of reproductive rights in Nigeria that prioritises autonomy, dignity, and equality, ensuring alignment of national legislation with international and regional human rights commitments.
Reproductive Rights, Biological Motherhood, Industrial Sector, Legal Perspectives, Nigeria
Adeyemi OLUWADAMILARE; Ayoyemi LAWAL-AROWOLO; Veronica EKUNDAYO
ENFORCING HUMAN RIGHTS THROUGH THE EXERCISE OF JUDICIAL POWERS IN NIGERIA: THE ROLE OF THE COURTS
The enforcement of human rights is, indeed, the bedrock of any constitutional democracy, in which league of affairs Nigeria belongs. In Nigeria, the courts play a vital role in safeguarding human rights through the exercise of judicial powers. This paper examines these roles of the court in enforcing human rights through the exercise of judicial powers in Nigeria. In achieving this purpose, the paper adopts the thematic and doctrinal methods of research. The paper adopts the analytical, critical and expository methodologies, with copious reference to the Constitution of the Federal Republic of Nigeria (CFRN) 1999; Textbooks on Constitutional and Administrative Law and Human Rights Law; Statute books; Law Reports (Case Laws); National Assembly Gazettes, Local and International Journals as primary and secondary sources of material on the subject matter.
Courts, Human Rights, Justice, Enforcement, Nigeria
CHALLENGES AND PROSPECTS OF THE ENFORCEMENT OF INTERNATIONAL ARBITRAL AWARD IN INTERNATIONAL COMMERCIAL ARBITRATION IN NIGERIA
This article is focused on the challenges and prospects of the enforcement of international arbitral award in the practice of international commercial arbitration in Nigeria. The article analyzed the various challenges and prospects affecting the laws and practice in the Enforcement of International Arbitral Awards in Nigeria; Enforcement of International Arbitral Award is the procedure where award is granted by arbitral tribunal in an arbitration process. In an enforcement of international arbitral award there must be a dispute of a commercial nature involving other nationals or countries. The main objectives of this article is to examine the challenges and prospect of the enforcement of International Arbitral Awards in an International commercial arbitration in Nigeria and to recommend the various ways to address the challenges. The article adopted doctrinal method of research where it focused on the primary and secondary sources, i.e. Statutes, case laws and other legal materials. The article found out that international commercial arbitration emerged as the best method for resolving disputes with international elements between states, individuals and corporations. The article further found out that despite the reforms and prospects in the practice of International Commercial Arbitration in Nigeria, there are more to be done in the areas of enforcement of arbitral awards in the aviation sector, oil and gas sector, investment sector, etc. It is therefore recommended that there is the need to Strengthening the Legislative and Policy Framework governing the enforcement of arbitral award in Nigeria, Judicial Capacity Building and Specialized training for judges to enhance their understanding of arbitration law. It is further recommended for Institutional Strengthening of Arbitral Bodies, Promotion of Arbitration Awareness and Professionalism and Government Commitment and Respect for Arbitral Awards. In conclusion, there is the need for reforms in the enforcement of International Arbitral Awards in the practice of International Commercial Arbitration in Nigeria.
Challenges, Prospect, Arbitral, Awards, International, Commercial, Arbitration
EXAMINATION OF THE CHALLENGES AFFECTING INVESTMENT AND REVENUE IN NIGERIA UPSTREAM PETROLEUM INDUSTRY: LEGAL PERSPECTIVE
This article is focused on the legal perspective of the Challenges Affecting Investment and Revenue in Nigeria Upstream Petroleum Industry. One of the lucrative businesses in Nigeria is investment in the oil and gas industry. It is a robust business that brings about revenue and earnings from investment for both government and private individuals. In order to sustain the business particularly at the upstream petroleum sub-sector, the government of Nigeria put in place regulatory frameworks to control and manage its petroleum business. The objectives of this article are to identify the legal challenges affecting the investment and revenue in the Nigeria upstream petroleum commission as well as highlighting their achievements and areas they may need to improve. This article therefore seeks to expose the adequacies and inadequacies affecting revenue and investment in the upstream petroleum sub-sector. The article adopted doctrinal methodology, where primary and secondary sources were adopted. The article found out that the regulatory framework in the revenue and investment of the Nigeria Upstream Petroleum Regulatory Commission has not been effective and adequate enough to handle and harmonise investment in the upstream petroleum sector. This article recommended that there is need to urgently amend the Petroleum Industry Act 2021 to accommodate Petroleum Upstream Technology Infrastructure Fund as part of the responsibilities of the Nigerian Upstream Petroleum Regulatory Commission. The article further recommended for transparency, accountability and effective management of the legislation/regulations by the Commission and other institutions to attract more sustainable investments in the upstream petroleum sector.
Examination, Investment, Revenue, Petroleum, Upstream and Industry
EVALUATING THE EFFICACY OF ICSID RULES IN INVESTMENT ARBITRATION: ARE THEY INDISPENSABLE FOR RESOLVING ENERGY AND NATURAL RESOURCES DISPUTES?
The International Centre for Settlement of Investment Disputes (ICSID) has long been a cornerstone in the resolution of investment disputes, particularly in the energy and natural resources sectors, where the stakes are often high and complex. This paper evaluates the efficacy of ICSID rules in investment arbitration, with a specific focus on their role in resolving disputes arising in the energy and natural resources sectors. The study examines whether ICSID rules are indispensable for achieving fair, efficient, and enforceable outcomes in these specialised disputes. Through an analysis of case law, arbitral awards, and scholarly commentary, the study explores the strengths and limitations of ICSID's procedural framework, including its transparency, enforceability, and adaptability to the unique challenges posed by energy and natural resources disputes. The findings suggest that while ICSID rules provide a robust and widely accepted framework for resolving investment disputes, certain limitations, such as concerns over procedural delays, costs, and perceived biases, may undermine their effectiveness in some cases. The study concludes by offering recommendations for potential reforms to enhance the efficacy of ICSID rules, ensuring they remain a vital tool for resolving energy and natural resources disputes in an increasingly complex global investment landscape.
ICSID, Investment Arbitration, Energy Disputes, Natural Resources, Dispute Resolution, Arbitration Rules, Enforceability, Procedural Efficiency
Fawziyyah Gogo MUHAMMAD; Ibrahim Bello IBRAHIM
LEGAL AND INSTITUTIONAL FRAMEWORKS FOR THE NIGERIA REVENUE SERVICE (ESTABLISHMENT) ACT 2025 VIS-A-VIS THE TAX ENFORCEMENT POWERS OF THE NIGERIA REVENUE SERVICE
The Nigeria Revenue Service Act seeks to provide for a legal, institutional and regulatory framework for the administration of taxes and revenue under any law made by the Nigerian National Assembly and to account for such taxes and revenue collected. The Nigeria Revenue Service (Establishment) Act, 2025 repeals the Federal Inland revenue Service (Establishment) Act, No 13, 2007 and enact the subject of this work the NRS is charged with the powers of assessment, collection and accounting for revenue accruable to the government of the federation. Nigeria Revenue Service (Establishment) Bill which is the subject of this work, the NRS repeals the current FIRS Act and create a more autonomous and performance driven national revenue agency for Nigeria, the mandate of the new NRS is basically non-tax revenue collection, to be more accountable, transparent and to provide more efficient ways of dealing with tax related issues. This work focuses on the powers of NRS, its legal and institutional framework in Nigeria with their everyday responsibilities. Doctrinal method of data collection is adopted, Statutes, books, journal articles and many other documents are used. Nigeria Tax Act which will promote the ease of doing business in Nigeria, to consolidate Nigeria’s fragmented and multiple tax laws into a more harmonised one, to reduce multiplicity of taxes and eliminating duplication, the law will help business, reduce tax payers’ compliance burden and help create a predictable tax system. Nigeria Tax Administration Act will help provide a more uniform legal and operational framework for tax administration in Nigeria both at the federal, State and Local Governments and the Joint Revenue Board (Establishment) Act that is expected to provide a formal governance structure of tax administration in Nigeria among the tax authorities and all government owned agencies, the law introduces and oversight functions using the Tax Appeal Tribunal and the Office of the Tax Ombudsman. It is recommended that the full and honest enforcement of the Act be ensured.
Revenue, Investments, Tax, Ombudsman and Government
Dominic Sunday OCHENEHI; D.G. SHIGABA; Egbe Ojeh OKARA
PEDAGOGY IN THE DIGITAL AGE: EXPLORING THE LEGAL IMPLICATIONS OF VIRTUAL LEARNING
The COVID-19 pandemic accelerated the shift to virtual learning prompting educators to adapt their pedagogical strategies in response to unforeseen challenges. As institutions refine their virtual learning models, the lessons learnt during this period will inform future pedagogical practices and legal considerations hence the intersection between pedagogy and legal considerations become increasingly important. This research focused on the peculiarities of the digital age and how it has advanced learning beyond the four corners of a classroom to a virtual distance learning without leaving one’s comfort zone. However, this development has come with different legal issues that have questioned the transparency of this advancement in teaching and learning. The question of copyright which forms the most concern will be explored. The law regulating copy right and the application of the law in the digital learning aspect will be examined. The burning issue of data privacy, which is a fundamental right issue, with a particular focus on the rights and obligations of students and teachers will be examined. In the era of digitalization of education, a number of challenges have arisen in relation to privacy, inclusion and discipline during the development of virtual learning. Using a doctrinal method, the analysis includes a review of the international and national legal framework, as well as the practices adopted by educational institutions. The study also examines the quality of education offers by the virtual learning platform and a critical study of the covid-19 era. This study adopted doctrinal approach as its study design and methodology, using analytical and critique research methodology and also comparative analysis. The main sources of data collection were literatures from physical library and e-library. Finally, this Article was made to have significance to all stakeholders in the education policy reform sectors, teaching and legal profession, legal education and as well enriched in literature for further researches.
Pedagogy, Digital Age, Virtual Learning. Education, Legal Implication
Onyinye M. UCHEAGWU-OKOYE; Chidimma Stella NWAKOBY; Ejike OKECHUKWU
LEGISLATIVE OVERSIGHT AND INSTITUTIONAL ACCOUNTABILITY IN NIGERIA: EVALUATING THE PERFORMANCE AND CHALLENGES OF THE NATIONAL ASSEMBLY
This paper critically examines the functions and contemporary performance of the Nigerian legislature with particular attention to its oversight responsibilities within the framework of democratic governance. While the Constitution of the Federal Republic of Nigeria (1999, as amended) empowers the legislature to act as a check on executive excesses through lawmaking, budgetary control, and investigative powers, empirical evidence suggests persistent dysfunction, institutional weaknesses, and ethical contradictions in the exercise of these roles. Drawing on legislative records, secondary data, and scholarly analyses, the study investigates how corruption, political interference, and prebendal practices have compromised the effectiveness of legislative oversight. It argues that rather than serving as an instrument of accountability, the legislature has often become complicit in the systemic corruption it is meant to combat thereby manifesting in practices such as budget padding, constituency project fraud, and rent-seeking within committee systems. The paper concludes that meaningful reform requires strengthening institutional independence, enhancing legislative ethics, promoting transparency, and fostering collaboration with civil society and adoption of comparative models such as Singapore’s committee system to restore credibility and democratic accountability to Nigeria’s National Assembly. By integrating political and philosophical analysis, the study reveals that Nigeria’s legislature embodies both the promise and peril of democratic governance, where institutional authority coexists with moral failure.
Legislature, Oversight function, Nigeria, National Assembly, Corruption, Accountability
AN APPRAISAL OF THE NIGERIAN PETROLEUM TAX REGIME
This paper critically evaluates the legal and institutional framework governing the Nigerian petroleum tax regime. It examines key legislation that influences the taxation of petroleum activities in Nigeria, including the Constitution of Nigeria, the Petroleum Industry Act (PIA) 2021, the Finance Act 2023, the Companies Income Tax Act, the Tertiary Education Trust Fund (Establishment, ETC) Act, 2011, the Niger Delta Development Commission Act, 2004, the Coastal and Inland Shipping (Cabotage) Act, 2004, and the Oil Terminal Dues Act, 2004. The paper outlines the legal basis for the imposition of taxes within the petroleum sector, emphasizing the role of the PIA in restructuring the fiscal regime. The paper also highlights critical provisions related to tax liability, deductions, and exemptions. Furthermore, the institutional framework is explored, focusing on agencies responsible for tax administration, such as the Federal Inland Revenue Service (FIRS), the Nigerian Upstream Regulatory Commission (NUPRC), the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), and the Tax Appeal Tribunal (TAT). The operational responsibilities of these agencies, including tax collection, compliance enforcement, and regulatory oversight, are examined in relation to their roles in enhancing tax efficiency. Finally, the paper discusses the challenges and potential reforms needed to promote the growth of the Nigerian petroleum industry in a competitive global economy. In carrying out this research, the researcher adopted the doctrinal method and also employed a combination of the theoretical and analytical approach. Data was majorly collected through secondary sources and reference was made to statutes, law textbooks, notable judicial pronouncements, scholarly articles in local and international journals, and resources on the internet.
Tax, Taxation, Administration, Enforcement, Industry, Sector, Petroleum, Oil
Helen O. ONYI-OGELLE; Ngozi Magdalene OKUNDAYE
RE-EXAMINING MALARIA DISEASE AS A FACTOR IN CHILDREN’S MORTALITY RATE AND ITS IMPACT ON THE PROTECTION OF CHILDREN’S RIGHT TO HEALTH AND WELLBEING IN NIGERIA
Malaria diseases is one of the multiplicity of factors responsible for high morbidity and mortality rate among Nigerian children. These high morbidity and mortality rates are violations and antithetical to the realisation of the right to health of the Nigerian children. These breaches of children’s right to health in Nigeria are contrary to Nigeria’s voluntarily assumed obligations under international human rights law including the Sustainable Development Goals (SDGs). Addressing malaria induced violations of children’s right to health in Nigeria will require changes in law, policy and programmes necessary to prevent and treat malaria affecting children. Adopting the doctrinal approach, this study examines the significant role of malaria disease in the denial of the right to health and wellbeing of the Nigerian child. This is especially so given the ineffectiveness of the present method and argues for the adoption of broad spectrum of solutions such as legal, policy, technology and programmes. These comprehensive solutions will curb the impact of malaria in the denial of children’s right to health in Nigeria.
Malaria Disease. Human Rights. Children’s Right to Health. Nigerian Law
THE PATIENT AS A CONSUMER: EVALUATING THE ROLE OF THE FEDERAL COMPETITION AND CONSUMER PROTECTION COMMISSION IN PROMOTING MEDICAL LIABILITY AND ACCOUNTABILITY IN NIGERIA
The emergence of the Federal Competition and Consumer Protection Commission (FCCPC) as a regulatory actor in Nigeria’s healthcare sector marks a significant shift toward recognising the patient as a consumer entitled to legal protection under the Federal Competition and Consumer Protection Act (FCCPA) 2018. This paper evaluates the FCCPC’s evolving role in promoting medical liability and accountability through the enforcement of consumer rights within the healthcare context. It examines the Act’s key provisions that extend consumer safeguards to patients, ensuring the right to information, fair treatment, and quality service delivery. The study analyses the Commission’s collaboration with the Federal Ministry of Health and professional bodies in developing and implementing the Patients’ Bill of Rights (PBoR) 2018, as well as its investigative interventions in medical negligence cases. However, challenges such as jurisdictional overlap with professional regulatory bodies like the Medical and Dental Council of Nigeria (MDCN) and limited patient awareness of their role and function continue to impede functionality. The paper recommends strengthening collaboration between the FCCPC and these professional regulatory bodies, as well as increasing awareness campaigns to sensitize patients on FCCPC complaint mechanisms. It concludes that such coordinated efforts are essential to institutionalizing patient protection and enhancing the accountability of healthcare institutions, which will, in turn, strengthen public confidence in Nigeria’s healthcare system.
Patient rights, Medical liability, Consumer protection, FCCPC, FCCPCA 2018
FOSTERING REFORMS IN THE ENFORCEMENT OF COLLECTIVE AGREEMENTS IN NIGERIA
The crux of this study hinges on fostering reforms in the enforcement of collective agreements in Nigeria. They range from a variety of issues, from the centrality of the Minister of Labour in the bargaining and agreement process to the relics of common law providing that collective agreements are not enforceable unless stringent conditions are met, down to the non-alignment of our industrial legislation and judicial predispositions with international best practices. Incidentally, this study also seeks to propose the reforms needed for the improvement of collective agreements in Nigeria. Among others, this study advocates for an Independent National Industrial Relations Commission, clarity and more legislative injections into our industrial jurisprudence, aligning us with the international best practices, etc. Consistent with the above, the method of research employed for this study is primarily doctrinal. However, the study also adopted a blend of descriptive, analytical and applied research methodologies, which would be conducted in the faculty of law library, Bingham University, Nasarawa state. By this process, the use of judicial authorities, statute, books and journals has been heavily employed to carry out this study. For the purpose of the research, these materials are classified into primary and secondary sources. Primary Sources include the 1999 Constitution of the Federal Republic of Nigeria (as amended), Statutes, Case laws and delegated legislations. Secondary sources include journals, dictionaries, books, lecture notes, and project/thesis/dissertations. This study finds that the enforcement would the recommended reforms for collective agreements in Nigeria would lead to the improvement of labour relations and economic development incidentally.
Collective Agreement, Enforceability, Challenges, Reforms
THE LEGAL REGIME SHAPING INTERNATIONAL COMMERCIAL ARBITRATION IN NIGERIA
This article titled the ‘analysis of legal and institutional frameworks shaping international commercial arbitration in Nigeria: implications, challenges, and pathways for enhancement’ analyzed the various laws and institutions regulating the application of international commercial arbitration and the implications, challenges, and pathways for enhancement of the application of International Commercial Arbitration. An arbitration agreement is the contractual basis for the resolution of disputes by the arbitration process. In the case of international commercial arbitration there is not only a dispute but a dispute of a commercial nature involving other nationals or countries. The main objective of this research was to analyze the legal and institutional frameworks of the International commercial arbitration in Nigeria, to identify the various ways that judicial decisions can contribute in shaping the practice of International Commercial Arbitration, to unveil the intricacies and the challenges shaping the practice of international commercial arbitration in Nigeria and to recommend the various ways to address the challenges. The article adopted doctrinal method of research where it focused on the text and contexts of Statutes, case laws and other legal materials. The doctrinal method is overwhelmingly adopted as the research method for legal research across the globe. Doctrinal method combines analysis and syntheses of legal doctrines, rules, principles of law as well as practical policy, arguments. The article found out that international commercial arbitration emerged as the best method for resolving disputes with international elements between states, individuals and corporations. It is the unique and inherent nature of party autonomy in international arbitration that guarantees factors such as neutrality, flexibility etc, and drives the parties’ choice for it as against the views that international arbitration thrives because of the woes of the Judiciary. In conclusion, the article recommended that laws regulating commerce in the oil and gas sector, aviation sector, construction sector, maritime sector, investment sector etc should contain provisions deliberately promoting arbitration. It was also recommended that to address some of the challenges of this application of International Commercial Arbitration there is the need for intensification of awareness to the general public of the workings of international commercial arbitration and the need for further reforms in the practice of international commercial arbitration. The article has contributed to knowledge by foregrounding the primacy of international commercial arbitration practice particularly highlighting its relevance to participants, practitioners, and stakeholders across various sectors where international commercial arbitration is routinely employed for resolving commercial disputes.
Analysis, International, Commercial, Arbitration, Dispute and Resolution
Parida ABE-DAVID; Magdalyne Mbadzendan DURA
POLICY AND LEGAL FRAMEWORK ON RENEWABLE ENERGY TRANSITION FOR SUSTAINABLE INDUSTRIALIZATION IN AFRICA: AN APPRAISAL
Industrialization is an indispensable catalyst for the development of national economy. This is a globally acknowledged phenomenon. Energy security is a cardinal infrastructural requirement for sustainable industrialization. This is due to the fact that industrial operations are propelled by energy supply. Energy consumption produces enormous environmental and climate effects. This has formed the basis for the global agitation for energy transition to renewable (clean or green) energy, as against the non-renewable energy that is popularly known for its hazardous impact on the environment. Although, Africa is naturally endowed with colossal amount of renewable and non-renewable energy resources, however, the continent is plagued with energy poverty and deficiency. This has contributed substantially to the crippling of industrial activities in the region. The objective of this work, inter alia, is to examine how transition to renewable energy can stimulate industrialization in Africa. An essential question to be addressed here is: why is it challenging for African countries to achieve massive industrialization that is propelled by renewable energy. The fulcrum of this work is predicated on the fact that industrial revolution that is driven by renewable and sustainable energy infrastructure is indispensable to the economic prosperity of Africa. This work will be significant to the government, political leaders, economists, industrialists, investors, business owners, policy and opinion molders, scholars, researchers and members of the general public. The work adopts doctrinal approach of data collection and analysis including primary and secondary sources such as Statutes, policy documents, books, journals, relevant publications and materials from the internet source, etc. This research highlights African industrial trajectory and her renewable energy potentials. In order to achieve sustainable economic prosperity, African leaders must effectively exploit and deploy the continent’s renewable energy resources to galvanize industrialization and the economic development of the continent.
Renewable Energy, Transition, Sustainable Industrialization, Policy and Legal Framework, Africa
INTERNATIONAL REVIEW OF LAW AND JURISPRUDENCE, Vol. 7 No. 2 (2025)
THE JUSTIFIABILITY OF RE-RUN ELECTIONS IN NIGERIA: A REVIEW OF THE CASE OF ADELEKE V INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
In a democracy, periodic elections are an imperative so as to avoid creating political lock-ups and/or narrowing of the political landscape which ultimately eliminates competition among political actors. Such elections must be conducted in such a manner that secures the highest level of credibility for the exercise. It becomes a necessity in such a situation therefore, that both the Electoral Commission who conducts the elections and the courts that adjudicate on disputed returns from elections must be unbiased umpires who are not interested in the outcome of the exercise in terms of boosting the political fortunes of persons and individuals. If the exercise must be successful and impact positively on the polity, it must be carried out in strict compliance with the provisions of the Constitution and the Electoral Act. Nigeria’s electoral system is founded on the provisions of the 1999 Constitution as amended, the Electoral Act 2010 as amended and subsidiary legislations made by the Electoral Commission pursuant to the powers vested on it by the Constitution and the Electoral Act. Worried by the havoc which re-run elections seem to have wrecked on the Nigerian polity and the seeming lack of legal authority for the conduct of such re-run elections, the author embarked on this research to enable the public to appreciate how the law stands in respect of this all impactful exercise. The author discovered that re-run elections in Nigeria is seemingly an affront on the 1999 Constitution as amended and therefore recommends that the policy of conducting re-run elections in Nigeria, as presently done by INEC should be stopped, forthwith, as it flies in the face of the Constitution of the country.
Democracy, Election, Re-Run Election, Nigeria
INTERNATIONAL REVIEW OF LAW AND JURISPRUDENCE, Vol. 7 No. 1 (2025)
A CONTRACT BETWEEN ENGLISH COMPANY AND GERMAN COMPANY: HOW DOES GERMAN COURTS RESPECT AND ENFORCE THE CLAUSE PROVIDING FOR THE JURISDICTION OF ENGLISH COURTS?
Jurisdiction clauses are important part of a contractual or commercial agreement especially in cross border agreement as they specify which State’s court will have the powers to adjudicate and resolve disputes/issues arising from the agreement. Jurisdiction clauses are very significant as they give certainty to the location of the courts that will sit over any dispute from the contract. This study focuses on what amendments would be made to enable German courts respect and enforce a clause specifying that English courts have jurisdiction to entertain matters relating to a contract between an English company and a German company.
INDEPENDENCE OF THE JUDICIARY AND ITS EFFECTS ON ADJUDICATION OF ELECTORAL DISPUTES IN NIGERIA SINCE 1999
The independence of the judiciary and its effects on judicial adjudication of electoral disputes in Nigeria since 1999 has not been satisfactory. Nigeria as a country has a chequered history of judicial adjudication of electoral disputes. This study considered the independence of the Judiciary and its effect on judicial adjudication of electoral disputes in Nigeria since 1999. The study identified the legal framework that provided for the independence of the judiciary in Nigeria since 1999. The study also identified and analyzed the problems and impediments militating against the independence of the judiciary in Nigeria since 1999. The study further identified and analyzed how the independence of the judiciary in Nigeria has affected and impacted on judicial adjudication of electoral disputes in Nigeria since 1999. The study adopted the doctrinal method of legal research by examining and analyzing constitutions, statutes, books, opinion of authors, journals, dictionaries, conference papers, dailies, periodicals, websites etc and also drew inference from some selected reported election petition cases since 1999 to buttress the effect of independence of the judiciary on judicial adjudication of electoral disputes in Nigeria. The study concluded and recommended that there is the need to ensure unhindered independence to the judiciary in Nigeria. The legal framework should be amended to provide full autonomy/administrative independence to the judiciary in Nigeria, the procedure for appointment of Judges should be reviewed, there should be judicial activism on the bench and provision of modern ICT tools for optimal performance of the judiciary in judicial adjudication of electoral disputes in Nigeria.
Osaro OSEMWEGIE; O. G. IZEVBUWA & Joseph NWAZI
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.
EVALUATING SOME OF THE DEFENDANT’S RIGHTS UNDER THE CRIMINAL JUSTICE SYSTEM IN NIGERIA
There are several rights in existence for the defendant under the Nigeria Criminal Justice administration. Most of these rights are unknown to the defendant. This often presents the defendant as a helpless victim of the wheel of justice. It is often said that to secure a conviction in Nigeria’s accusatorial criminal justice system is akin to the treading the proverbial horse through the needle’s eye. This work therefore aims at evaluating some of these rights with a view to presenting the advantages available to a defendant in the criminal justice system. Much reliance is placed on doctrinal methodology leveraging on rich data in Nigeria criminal jurisprudence. This work highlights that the prosecution bears more burden in the Nigerian criminal justice administration. It is believed that at the end of this work, a criminal defendant will no longer be seen as helpless but as a man imbued with several rights constitutionally guaranteed in order to ensure that the proverbial innocent person is not fed through the wheels of justice while seeking to convict the actual guilty person.
EXAMINATION OF THE IMPACTS AND CHALLENGES OF THE EUROPEAN AND REGIONAL CONFLICTS AND THEIR MULTIPLIER EFFECT ON GLOBAL ENERGY SECURITY AND SUSTAINABILITY
This article examined the impacts and challenges of European and regional conflicts and their multiplier effects on global energy security and sustainability. It focused on the Russia-Ukraine war and escalating Iran- Israel conflict in the Middle East, assessing how these conflicts disrupted energy supply chains, increased market volatility, and triggered geopolitical realignments. These revealed direct consequences-such as infrastructure destruction and sanctions-and indirect effects including inflation, resource nationalism, and cyber threats significantly undermined global energy stability. It also found that governments often prioritized short-term energy security over long-term sustainability, resulting in delayed investments in renewables and weakened international climate commitments. Case studies highlighted the vulnerability of fossil fuel-dependent economies and the underfunding of clean energy in conflict-prone regions. It concluded that to mitigate these effects, stronger international governance, legal protection for energy infrastructure, and inclusive energy diplomacy are required. This contributes to global discourse by providing a framework for understanding the ripple effects of armed conflict on energy systems and identifying strategic responses for enhancing resilience and sustainability in a rapidly changing geopolitical environment.
ENFORCEMENT MODELS IN COMPETITION LAW: COMPARATIVE PERSPECTIVES AND IMPLICATIONS FOR NIGERIA
One of the main objectives of competition law is to forestall inordinate acquisition of market power by firms as well the management of such powers in situations where they already exist. The essence of competition regulation is to ensure that all the benefits which competition law provides for, such as proliferation of choices for consumers, affordability of goods and services; outstanding quality of products and services are achieved. Institutions play a huge role in every sector as they form the mechanism for the establishment of rules and procedure which determine the standard of behavior. Several modes of institutional enforcement structure exist in the field of competition law. Irrespective of how elegantly drafted a competition legislation may be or how grand the goals of a competition law system may appear, it is of no moment if there are no effective regulatory and enforcement mechanism in place, more so, an institution that is well designed with the requisite structures in place will ultimately discharge its duties effectively. This therefore implies that competition law institutions are an integral part of competition law and policy. This work examined the various institutional models of competition law, their advantages as well as their disadvantages. It further highlighted the position of the competition law terrain in Nigeria. It was recommended that The FCCPC and other sectoral regulators should operate with greater autonomy, free from political interference, through clear legal protections and that the process of appointment and dismissal of the heads of the agencies should be transparent and devoid of political undertones.
FOSTER CARE IN NIGERIA AND THE WOES OF AN UNREGULATED PRACTICE
The sole purpose of foster care is to create a safe haven for children, who by varying circumstances are unable to live under the care of their biological parents. However, what happens when safety eludes children, even under foster care? Is foster care automatic for children whose parents are unavailable by reasons of poverty, abandonment, divorce, death, neglect or imprisonment? Should there be preconditions fulfilled before a child is boarded out to foster care? This article focuses on these dynamics of foster care in the light of the negative realities faced by children placed therein. It is noted that the current wave of abuse of children under foster care in Nigeria, particularly those fostered informally, calls for introspection on the part of government, families and other stakeholders to consider the principles of necessity and suitability before a child is boarded out to fosterage. This is particularly important in Nigeria where there is widespread placement of children under informal foster care without recourse to whether such placement is necessary or suitable bearing in mind the best interest of the child. The methodology used for this research is doctrinal. It relied on primary and secondary sources such as the Child Rights Act, Statutes, Conventions, Guidelines as well as dictionaries, articles, journals, and the internet respectively. This article concludes that foster care should be a matter of last resort. It proposes the exhaustion of primary, secondary and tertiary preventive measures in the bid to avoid foster care and unnecessary placement of children but where placement is inevitable, there should be suitable foster care homes to meet the peculiar needs of children in need of care.
Ejomafuvwe TAIGA; Beauty O. ALLOH & Peter. I GASIOKWU