IMO STATE UNIVERSITY JOURNAL OF COMMERCIAL AND CONTEMPORARY LAW
The Journal of Commercial and Contemporary Law is a scholarly publication of the Department of Commercial Law, Faculty of Law, Imo State University, Owerri. The journal provides an academic platform for the dissemination of well-researched articles, case notes, and critical analyses on issues in commercial law and other contemporary legal developments. It aims to promote legal scholarship, stimulate intellectual discourse, and contribute to the advancement of legal knowledge and practice in Nigeria and beyond.
THE IMPLICATION OF BANNING BUREAU DE CHANGE (BDG) ON SECURED CREDIT TRANSACTIONS IN NIGERIA
The introduction of Bureau De Change as a form of business venture, playing an intermediary role in sourcing foreign exchange in Nigeria for end users, is one that elicits a mixed reaction. While to some they are a necessary evil since they are able to meet their immediate demand notwithstanding what they pass through to get their forex needs achieved, to others, who noted with disappointment and great concern that our Bureau De Change operators have abandoned the original objective for their establishment which was to serve retail end users who need $5,000 or less and have instead become wholesale dealers, illegally in foreign exchange to the tune of millions of dollars per transaction. To these set of persons, the undoing of Bureau De Change operators were so unpardonable as such they should be banned. This view culminated to the pronouncement of the ban of Bureau De Change by the immediate past Governor of the Central Bank, Mr. Godwin Emefiele on 27th July, 2021 which had had a negative impact on secured credit transaction. This paper therefore, looked closely at the ban of Bureau De Change by the Central Bank of Nigeria with a view to unravel its impact on secured credit transactions in Nigeria. The paper from its findings discovered that, as a result of shortage of foreign exchange from the Central Bank, corporate industries and businesses were forced to source foreign exchange from the parallel market thereby encouraging the business of Bureau De Change operatives as arbitrageurs. The implication of this is sufficient incentive in terms of returns to investment to the Bureau De Change Operators who their businesses were also sustained by the recalcitrant round tripping monster, the authority, who allows them feed fat on this business. This paper by further looking at the way Ghana, a neighbouring Country handled the excesses of Bureau De Change in their Country and the benefits that accrued to them by so doing, drew out conclusions and made recommendations on how best Bureau De Change as a business venture could be reorganized to enable secured credit transactions in Nigeria play its pivotal role in revamping our economy.
Dr. Okoro Kalu Emmanuel & Dr. Egwu Wisdom Chizitere
PUBLIC OFFICERS AND HUMAN RIGHTS PROTECTION IN NIGERIA, UNITED KINGDOM, AND SOUTH AFRICA: A COMPARATIVE ANALYSIS
Human Rights are no doubt universal norms and principles which are accorded recognition by various legal systems of democratic countries and entrenched in their relevant extant laws and constitutions. In a constitutional government, human rights of the citizens must be protected by the rules of law and institutions are therefore established for their enforcement and protection. On the other hand, these institutions are protected from the actions enforced by public officers whose roles impact on the effectiveness of human rights protection. This paper; using the doctrinal research methodology, did a comparably analysis the role of Public Officers in the protection and enforcement of human rights in Nigeria, the United Kingdom and South Africa. Part of the findings is that the precarious security situation in Nigeria is such that the rights provided and preserved by the Constitution, has almost been reduced to the pedestal of being regarded as mere privileges than the rights which they are in apposite to what is obtainable in the other jurisdiction in consideration. Even the public officers saddled with the responsibility to protect these rights are themselves sometimes guilty of violating and abusing them. The situation is worrisome and desperately needs an effective solution, based on lessons drawn from other jurisdictions, this paper thereafter made recommendations that can serve as a catalyst and improvement of the situation so that human right protection by public officers can be strengthened with adequate infrastructure, staff and resources necessary for their effective performance that will enable them improve on the preservation and protection of human rights and also bring them in conformity with international best standards.
Olusegun Victor, Akande & Agbaovwe Emmanuel Oturuhoyi
PROTECTION OF THIRD PARTY RIGHTS AND MINORITY INTEREST UNDER NIGERIAN CORPORATE LAW
This paper examined how third party rights and minority shareholders can be protected under Nigerian corporate law. The common law rule of Foss v. Harbottle which has been incorporated into our laws clearly made the company the proper plaintiff to seek redress in any breach of duty owed the company or an infringement of company’s right and ipso facto removes third parties and minority shareholders from maintaining actions on behalf of the company. It is therefore not for individual shareholders to sue and the courts will not generally entertain a suit brought by individual shareholders, for they will not interfere in the internal management of the company. There is also the problem associated with the Ultra vires doctrine and its harsh realities on third parties who may have transacted with unscrupulous directors outside the company’s objects. It is obvious that the strict application of these two rules is detrimental to the minority interest and third parties. Whilst exceptions have been provided in the law to ameliorate the problems occasioned by these principles, they seem not far reaching enough. Although this rule has some advantages which includes the prevention of multiplicity of suits and the fact that in many cases the irregularity complained of may be one that can be ratified in general meeting, it has imposed enormous hardship on members and third parties who may have dealings with the company, particularly where such dealings were carried out by unscrupulous directors who might be in control of company affairs.
GO TO COURT MANTRA: AN ACCOLADE OR A MOCKERY OF THE NIGERIAN JUDICIARY
The judiciary all over the world has been identified as the last hope of the common man. This presupposed that it is the only place that justice can be dispensed to the satisfaction of the common man. Under the Nigerian legal system, administration of justice is anchored on the court, hence, the common man has always deemed it fit and appropriate to go the court to seek justice whenever any wrong is done to him. This article discovered that the steam of going to court has long been lost by the common man, resulting from corruption, ethnicity, lack of respect for rule of law and absence of independence of judiciary among others. It then concluded that the protection of rule of law and supremacy of the law by the court is the only safeguard to the rights of the common man. The article recommended the dispensation of justice in saner climes that do not have the judicial system infiltrated with corrupt practices.
LEGAL ASPECTS OF MEDICAL CONSENT FOR MINORS: PARENTAL RIGHTS AND CHILD AUTONOMY
Today, a well-known and a core tenet of medical law and ethics is that a medical professional must get an informed consent from a competent patient before giving any sort of therapy to that patient. This is consistent with the notion of autonomy (selfdetermination as a fundament right), which is inherent in every individual except in cases where observance of this value might be lawfully departed. In the therapeutic context, for instance, 'autonomy' refers to a patient's 'right to refuse and participate in every decision involving medical treatment'. While children as minors may have limitations as to the exercise of this right, parents are in the best position to oversee to its applicable situations. The question now is, what is the nuances existing between parents rights and child autonomy? This issue is a legal tussle. This paper examined the legal aspects of medical consent for minors within the ambits of parental rights and child autonomy. The paper discovered that finding a balance between the competing interests may be challenging because patients' rights as well as child’s autonomy vary depending on the circumstances of each case, and a variety of legal factors influence the medical space and occasionally change the standard, making it nearly impossible to apply the same standard everywhere. According to the study, there are situations in which a patient is incapable of giving such agreement to a medical expert; as a result, the patient must have such consent obtained on his or her behalf and for the patient's welfare. The paper recommends that current regulatory framework be reviewed and repealed in view of finding a lasting solution to the problem of conflict between parents’ right and child’s autonomy.
ASSESSING THE EFFICACY OF HEALTH INSURANCE SCHEMES IN NIGERIA: BENEFITS, CHALLENGES AND RECOMMENDATIONS
The need to access health care is of immense importance to every nation for with good health care, the viability of development may be improved and asserted. This paper examined the effort of government to improve access to health care through health insurance especially in the light of the available legislation enacted in that regards. This study sought to show an in-depth analysis of the health insurance scheme in Nigeria and this was achieved by an analysis of the legislations that has been enforceable for the purpose of the scheme since its inception. This extends to appreciating diverse challenges that has been occasioned and thereby necessitating a redirection in the system. The study was undertaken by doctrinal methodology by a comparative analysis of legislations for the health insurance scheme in Nigeria. The study found that there have been some legislative developments towards addressing the practical issues that has affected the scheme over the years and may be seen through the newly enacted National Health Insurance Authority Act. It has been recommended amongst others that Health insurance must be made seamlessly accessible to engender public interest in the scheme.
Assessing, Efficacy, Health Insurance, Nigeria, Benefits, Challenges, Recommendations
AN EXAMINATION OF THE EFFICACY OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015 IN ENHANCING JUSTICE DELIVERY IN NIGERIA: A CRITICAL APPRAISAL
The Nigerian criminal justice administration has been plagued with manifest challenges ranging from poor handling and inhuman treatment of suspects, proxy arrests, onerous and practically impossible bail conditions, delayed prosecution of cases blamed on the court, the prosecution and the counsel, to terribly poor living condition of prisoners in our various prisons to corrupt practices of the law enforcement officers, magistrate/judges and lawyers. It is against this background that the Administration of Criminal Justice Act (ACJA) 2015 was promulgated to bring sanity, legality and justice to our criminal justice jurisprudence. The said Act is the focus of our discussion in this paper. It is apposite to mention that while space will not allow us to evaluate all the provisions of the Act, this paper shall concentrate on some of the innovative and revolutionary provisions of the Act particularly as it serves to better the lot of our criminal justice administration. The instrumental and institutional parameters for measuring the performance of criminal justice administration shall be discussed. This paper shall also make various recommendations towards ensuring proper and just criminal justice administration in Nigeria.
Administration, Courts, Criminal, Justice and Prosecution
LAW OF ARMED CONFLICT AND THE NOTION OF VOLUNTARY HUMAN SHIELDS: ANY WAY OUT OF THE QUAGMIRE?
The growing prevalence of voluntary human shields in recent armed conflicts have exposed a significant lacuna in the existing international humanitarian law legal regime, and this requires urgent regulation as a result of the conducts and consequences of contemporary armed conflicts. This work explores some of the challenges that any attempt at regulation must address including assessing voluntariness and issues of capacity, limitations against direct participation in hostilities, the prohibition against shielding legitimate military targets, state responsibility, uniformity and concordance with existing international humanitarian law, and limiting targeting decisions motivated by reciprocity. The paper adopts the doctrinal research method of data collection using analytical approach in reviewing the relevant laws, statutes, textbooks and judicial decisions relative to the subject. The work concludes with a proposal for the nature, form and contents of future regulation in issues relating to voluntary human shields for the purposes of an effective respect and compliance with the rules and principles of the laws of armed conflict, otherwise referred to as “international humanitarian law (IHL)”.
armed conflict, legitimate military targets, direct participation in hostilities, military objectives and voluntary human shields
CRITICAL ASSESMENT OF ONE MAN COPANY LIMITED BY SHARES IN NIGERIA
A one man company limited by shares is a company that was set up or registered by an individual. That individual is the sole shareholder and director while maintaining limited liability. This type of company has a structure that shields personal assets from business risks, giving room for entrepreneurial growth and innovation. This article relied on doctrinal research method basing on legal analysis of company and allied matters Act, 2020. It is the finding of this article that one man company provides effective protection for personal assets, simplifies decision making and regulatory compliance is generally low, the article concludes that one man company balances corporate structure with flexibility, legal protection and business leadership. This business is ideal for small and medium sized enterprises (SMEs). It is recommended that the registration process should a simplified and its existence will communicated to the populace by corporate affair commission.
Prof. M. N. Obasi & Adekilekun Kamaldeen Akinpelu
THE DOCTRINE OF POLITICAL QUESTION IN HISTORICAL PERSPECTIVES IN NIGERIA
The principle that certain issues are more appropriately addressed by the executive or legislative branches of government, rather than by the judiciary has come to stay in the Nigerian electoral process. This doctrine emphasizes the boundaries of judicial intervention in politically sensitive matters, particularly regarding elections and related controversies. Nigeria gained her independence in 1960 and this doctrine has resurfaced in Nigeria’s political landscape. This doctrine has a lot to do in the survival of our democratic journey. This paper examines the doctrine of political question in historical perspectives to wit: colonial period and early post-independence era (1960s), military era (1966–1999), post-military era and democratic transition era (1999– 2000s), electoral disputes period (2000s–2010s), judicial activism and political question in election cases era (2010s–present). We shall equally look at political question and legislative oversight. This study will help us to know the past as well as the present. It will help us to position our democratic institutions for the future. The study will equally provoke further discussions on the subject matter. This study will go a long way in strengthening Nigeria’s democracy most especially the doctrine of separation of powers.
Doctrine, political question, historical perspectives, Nigeria
THE PARADIGM SHIFT IN THE HANDLING OF CUSTOMARY LAW CASES IN NIGERIA THROUGH ARTIFICIAL INTELLIGENCE (AI)
Artificial Intelligence (AI) and customary law in Nigeria represent an intersection of technology and traditional legal systems. Customary law in Nigeria refers to the indigenous legal practices and norms that have been historically adhered to by various ethnic groups. These laws1 play a crucial role in the social and legal landscape of the country. Artificial Intelligence (AI), with its capacity for data analysis, pattern recognition, and automation, holds the potential to significantly impact customary law in several ways. For instance, AI can be used to document and codify customary laws that are typically oral or fragmented. This process of digitization could help preserve this law and makes it more accessible for legal practitioners, policymakers, and the general public. Furthermore, AI could assist in resolving disputes by providing insights and recommendations based on historical cases and customary practices. The integration of AI with customary law also poses some challenges. The complexity and diversity of customary laws across Nigeria mean that AI systems must be carefully designed to accommodate various practices and avoid oversimplification. There is also the risk of marginalizing traditional legal authorities and undermining the community-based nature of customary dispute resolution. While AI has the potential to enhance the documentation and application of customary law in Nigeria, it must be implemented with sensitivity to the nuances of traditional practices and respect for the communities that uphold them. This paper looks at the concepts of Artificial Intelligence (AI) as well as the overview and challenges of current legal landscape of customary law in Nigeria, the historical background of the emergence of AI in customary law in Nigeria, the importance and benefits of integrating AI and customary law and challenges posed by the integration. The current and future outlooks were equally examined.
Paradigm shift, customary law, cases, artificial intelligence
REGULATION OF THE OIL AND GAS INDUSTRY IN NIGERIA, CANADA AND THE UNITED STATES OF AMERICA: A COMPARATIVE ANALYSIS
Despite the relevance and role oil and gas exploration, exploitation and production plays in the economy of Nigeria, the activities involved in the process of exploration and mining of the products has not been sustainably done. This ranges from the attitude of the exploration process to the regulation of the activities to achieve the triangular achievement of the economic development, social development, and environmental protection, this paper observed that Oil exploration and prospecting activities as practiced in Nigeria has caused serious damage to the environment which alters the environment irreversibly and renders the environment unsustainable due to poor regulations of improper exploration, production, transportation and storage activities. This paper therefore examined the Oil and Gas industry in some other jurisdictions like the United States of America and Canada in the context of ownership and possession of oil, gas, land and the regulation and enforcement of statutory provisions, amongst others, to show how the oil and gas sector is being regulated to achieve economic and social development while ensuring environmental protection in their Oil and Gas Industry. The United States of America and Canada were chosen because they have a long history of best practice with regards to oil pollution and gas flaring regulations. Using the doctrinal research methodology, this paper examined various Articles. Books, publication amongst other, and further did a comparative study of some of the Laws regulating the Oil and Gas Industry in the United States of America and Canada, and their means and style of regulation with those operational in Nigeria to show how the Laws and concepts in those jurisdictions have been effectively used in attaining economic development while protecting the environment and achieving real and sustainable development, without compromising the socio-economic advantage of the activities while protecting the environment. The appraisal is therefore aimed at achieving an efficient regulatory regime at preserving the environment and at the same time achieve sustainable development in the oil and gas sector of the economy in Nigeria.
IMO STATE JUSTICE SECTOR REFORM TEAM- A NON EXISTENT BODY OR A TOOTHLESS BULLDOG?
Several years after the groundbreaking Imo State Administration of Criminal Justice Law, 2020 as amended established the Imo State Justice Reform Sector Team and empowered it to coordinate the effective implementation of the Imo State Administration of Criminal Justice Law, this important body is yet to take off prompting many to wonder whether it is a non-existent body or a toothless bulldog. Deploying the doctrinal research method, this paper examined provisions of the ISACJL, 2020 relevant to the establishment, composition and functions of the ISJSRT in order to accentuate both its centrality in the implementation and indispensability in attaining the purpose of the ISACJL. Analysis in the paper revealed lack of funding as the major constraint in the take-off of the ISJSRT. As it is a complete disservice to the justice sector to exultantly create a body by law only to turn around to use bureaucratic bottlenecks to render such a body redundant, it was recommended among other things that the ISJSRT should be immediately funded by the executive arm of Imo State Government so that the ISJSRT will become functional and expeditiously achieve the purpose for which it was created and established by law.
criminal justice, implementation, reform, sector, stakeholders
DISSECTING THE RULES GOVERNING CONDUCT OF HOSTILITIES IN RELATION TO USE OF EXPLOSIVE WEAPONS IN URBAN AREAS IN TIMES OF ARMED CONFLICT
Under the means and method of armed conflict, the use of explosive weapons with wide area effects in populated areas has a devastating impact on civilians. Less visible than the direct effects of explosive weapons, but equally devastating, are the reverberating effects of the use of explosive weapons in populated areas. While there is growing consensus that parties to an armed conflict are legally obliged to take into account the reasonably foreseeable reverberating effects of an attack, particularly for the purposes of the rules on proportionality and precautions in attack, the precise scope of this obligation remains unclear. After setting out the legal arguments in support of the position that reasonably foreseeable reverberating effects must be taken into account, the work goes on to examine how such effects should be evaluated and how they must be avoided or minimized.
conduct of hostilities, explosive weapons, International humanitarian law, urban areas, proportionality, feasible precautions
CONSENT OF THE GOVERNOR IN LAND TRANSACTIONS: WHOSE DUTY AND WHEN
The Land Use Act of 1978 is the cornerstone of land regulation in Nigeria, establishing the framework for land tenure and administration. A central and controversial aspect of this legislation is the requirement for obtaining the Governor's consent before any alienation of land interests. This requirement aims to centralize land control and ensure its responsible use for national development. Critics argue that the need for the Governor's consent impedes commercial transactions and economic growth, while proponents see it as a measure to prevent land speculation and ensure equitable land distribution. The duty to seek and obtain the Governor's consent lies primarily with the party seeking to transfer land interests. The process of obtaining consent is time-consuming and often criticized for its bureaucratic inefficiencies. Transactions without the Governor's consent are deemed invalid, which can lead to disputes, loss of investment, and legal penalties. The aim of this article is to reappraise the requirement of Governor's consent under the Land Use Act 1978, hinged on the tripartite exigencies of; Whose Duty it is to Obtain Governor's Consent, Time for Obtaining Consent and Consequence for Failure to Obtain Consent. The article further highlights the need for reform in the implementation of the consent provision to streamline the process and enhance its efficiency, thus balancing the objectives of regulation with the facilitation of economic development.
Land, Interest, Alienation, Governor's consent
Dr. Charles I.G. Agwor & Dr. Nancy Amadi-Harry
IMO STATE UNIVERSITY JOURNAL OF COMMERCIAL AND CONTEMPORARY LAW, VOL 10, 2024
ORGAN DONATION AND TRANSPLANTATION IN NIGERIA: A CRITICAL ANALYSIS OF THE LEGAL REGIME
Organ donation and transplantation is one of those topical issues that are on the front burner in modern medicine due to the increasing need to save lives resulting from organ damage. It is a medical procedure that predates modern medicine but has attracted sufficient attention largely because of the exacerbating health deteriorations of people which has increasingly birthed human trafficking and organ harvesting. There seems to be more need for human organs than the availability of organs and the procedures undertaken in securing the organs to save human lives have generated a lot of legal and ethical concerns. This article provides the historical springboard of organ donation, the advent in Nigeria and critically analyzes the legal framework on organ donation and transplantation in Nigeria. The researcher has adopted the doctrinal method of research in this article and has proffered some recommendations considered German and plausible in handling the various nagging issues on the subject matter in Nigeria.
Organ donation, Brain death, Organ Transplantation, Organ harvesting and trafficking
ANALYSING THE APPLICATION AND CONCEPT OF JUSTICE UNDER ISLAMIC LAW
Injustice is very widespread on this earth. There can be no peace without the firm establishment of justice. The more you see injustice, the more you realize the importance of establishing justice in the land. Justice is the most important and influential fact in the life of a human being that can solve the problems of society in a peaceful manner and in Islam Justice is the fundamental principle of thought and practice. In Islam distinct laws have been set up based on justice for the diverse forms of crimes. Justice in Islam deals not only with human rights but has secured the rights of other creations as well. There is no place for violation, unjust, tyrannical attitude and oppression or repression in Islam. It emphasizes the whole humanity as a peaceful society and eliminates the perspectives and perceptions of social evils. Justice in Islam is thus all-embracing, free from restriction, and universal. Islam governs private and public life, denies deviation from justice, non-discriminative, and holds that all humans are equal before the law and are accountable for their deeds. It is universal because it is applicable to all who accepts its authority. It is based on the revealed guidance, thus for the introduction, implementation and promotion of these regulations Almighty Allah sent His Messengers to frame a society based on justice, fairness and obedience towards the Creator. Islam is the religion of peace that emphasizes on equality before law and promotes the notion of universal brotherhood to establish a peaceful and rewarding society. Islam teaches rectitude and never encourages its followers to vituperate and humiliate anyone in the society. It is against this background that the paper seeks to analyse the concept of justice under Islamic law with a view to find it is application. A doctrinal method was applied. Having analysed same, it was found that concept of justice under Islamic law is a trust that has religious basis, it is obligatory, a divine commandment and its substantially applicable in countries like Saudi Arabia, Iran, Iraq etc, while it is partially applicable in the northern states of Nigeria. It was finally recommended that for efficient, just and impartial administration of justice under Islamic law the persons entrusted with its administration and enforcement must be competent according to the criterion laid down by Allah.
Concept, Justice, Islamic Law, Qur’an, Sunnah
FROM THEORY TO REALITY: IMPLEMENTING UNITED NATIONS LEGAL FRAMEWORKS FOR PROTECTION OF HUMAN RIGHTS
This article examined the critical endeavour of bridging the theoretical foundations of United Nations (UN) legal frameworks for human rights with tangible and effective implementation. Simply, the article elaborated on the tools or mechanisms of the United Nations for enforcement of its legal frameworks for the protection of human rights. Recognizing that the mere establishment of legal standards is insufficient, the focus was shifted towards the practical realization and enforcement of these frameworks. Through an analytical traverse, the study illuminated key mechanisms and strategies essential for translating theoretical constructs into palpable human rights protection on a global scale. By identifying challenges, proposing solutions, and highlighting successful practices, this work sought to contribute to a discourse that advances the transformative potential of United Nations legal frameworks in safeguarding human rights in our evolving world.
‘Mechanisms’, ‘human rights’, ‘legal framework’
FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLE OF STATE POLICIES UNDER CHAPTER TWO OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (2004) AS A CLOG IN THE WHEEL OF DEVELOPMENT IN NIGERIA: AN EVALUATION
Without doubt most modern states are governed under a single document which stands prominent in modern constitution. The advantage of such a constitution is its precision and brevity which clearly leaves much room for flexibility and necessary in a dynamic state. The Nigerian constitution judged by the standard of democracy as contained in modern constitutions, would appear to have attempted to promulgate a democratic form of government but the issue of development is under great pressure to which all of us are complete strangers. Fundamental human rights were not created by the state but are external and universal institution common to all mankind and antedating the state and founded upon natural land. By and large the provision of Chapter two of the constitution of the Federal Republic of Nigeria 2004 as amended in respect of the provision of fundamental objectives and directive principle of state policies is one of our most unfortunate circumstances which lacks an overriding economic ideology. This is the greatest dilemma in our country and the attitude of most Nigerian government is one of a tendency towards non development, unprecedental upheaval, oppression, war and the blatant abrogation of rights to development. It certainly appears unwise to accept being immune to the atrocities perpetrated by our leaders at all level. The teeming millions of our illiterate or semi illiterate people had no hand in the making of the constitution. Therefore chapter 2 of the constitution need to be amended to enable individuals sue the government and demand their rights to development.
CORRUPTION IN THE NIGERIAN JUDICIARY: ANY HOPE FOR THE COMMON MAN?
The judiciary all over the world has been identified as the last hope of the common man. This presupposed that it is the only place that justice can be dispensed to the satisfaction of the common man. Under the Nigerian legal system, administration of justice is anchored on the court, hence, the common man has always deemed it fit and appropriate to go the court to seek justice whenever any wrong is done to him. This paper discovered that the steam of going to court has long been lost by the common man, resulting from corruption, ethnicity, lack of respect for rule of law and absence of independence of judiciary among others. It then concluded that the protection of rule of law and supremacy of the law by the court is the only safeguard to the rights of the common man. The paper recommended the dispensation of justice in saner climes that do not have the judicial system infiltrated with corrupt practices.
ISRAEL’S RIGHT OF SELF DEFENCE AND THE USE OF CIVILIAN FACILITIES AS MILITARY CENTERS GAZA: AN APPRAISAL INTERNATIONAL HUMANITARIAN LAW
International Humanitarian Law which is rooted in the Geneva Conventions of 1949 and customary international law, is designed to safeguard civilians and those no longer active in combat, such as surrendered soldiers, and to restrict weaponry and combat tactics. Its provisions, which are binding on all states and non-state armed groups in a conflict, prohibit indiscriminate attacks, targeting civilians, and collective punishment, regardless of reciprocal actions or military disparities. In light of the ongoing investigation by the International Criminal Court and mounting evidence collected by human rights organizations, there is a pressing call for clear statements from legal authorities on the applicability of international law to the current situation in the Gaza Strip. The paper recommends that any entities, irrespective of their political or military stature, found responsible for war crimes in the Gaza Strip should face legal repercussions. The paper concluded that the pursuit of accountability is a crucial step toward halting the cycle of violence and upholding the principles of international humanitarian law.
THE OPPORTUNITIES AND DANGERS OF GLOBALIZATION TOWARDS THE PROTECTION OF HUMAN RIGHTS
Globalization as a phenomenon, being universal by its nature and character, covers not only the global economy, finance and mass media, where it manifests itself in the most developed Form, but also in other spheres of social life, including law. At the same time, the impact of global factors significantly affects the essential and substantive aspects of the state’s legal system. The article deals with globalization, the opportunities and dangers in the context of human rights perspectives. The development of human rights is considered as a social phenomenon included in the general dynamics of social process. First of all, the influence of globalization on human rights in the context of intensively developing states and the rights and methods of intercultural dialogue are studied. However, since the middle of the 20th century, global factors have had a significant impact on this process. A study on the problem of methodological substantiation of human rights and globalization in modern conditions of social development is presented in the article. The research methodology is based on general doctrinal methods of theoretical knowledge, methods of system analysis, comparison and generalization of globalization concept and human rights.
Globalization, Human Rights, Global Problems, Impact
RETHINKING REGIONAL INTEGRATION AND SOVEREIGNTY: A CRITIQUE OF CONTEMPORARY ISSUES
Regional integration is aimed at shared prosperity among peoples across national borders. Regional integration entails regional encroachment on sovereign borders in a mutually beneficial manner. Countries freely submit their sovereign rights for broader benefits to their people. When regional integration fails to achieve the objectives of shared prosperity and regional harmony, there is bound to be disintegration. Brexit is the European Union's contemporary experience of regional disintegration. In the Economic Community of West African States (ECOWAS), the notice of withdrawal by Niger, Mali and Burkina Faso from ECOWAS reflects the challenges and contemporary issues arising from regional integration. Whether free trade agreement (FTA), customs union (CU), common market (CM) or economic union (EU) every form of regional integrity must actively pursue its core objectives in order to retain its membership.
AN APPRAISAL OF PROFESSIONAL CHARGES AND RECOVERY OF LAWYERS PROFESSIONAL FEES IN NIGERIA
Lawyers professional charge is a fee paid directly by client to the legal practitioner for his services. The rate is determined and regulated by the professional and is partially or fully paid in advance. Some charge fee on an hourly basis and few charge on the entire service. The charges of a professional invariably increases with the amount of experience they incur in the field. There have been cases where lawyers render professional services but could not be paid by the clients after repeated demands. These could be as a result of failure to make demands at the appropriate time or recalcitrant attitude of the client. It is recommended amongst others that a lawyer should make timely demand for his fees in advance before the conclusion of his services to the client.
KIDNAP AS A MODERN CHALLENGE TO SECURED CREDIT TRANSACTION, AN APPRAISAL
Institutionalized and trans border organized illegal activities such as robbery, terrorism, smuggling, human trafficking and human part trading, drugs and small arms trafficking, and kidnapping amongst other social vices are vital and significant contributors to commercial transactions in Africa; positively and negatively, albeit mostly illegally. Effective, deterring counter action from government to effectively curb, or put an effective stop to the seeming escalating activities of kidnapping and tracing of the funds which flows from ransom paid by victims and their relatives are still largely an illusory fantasy to be hoped for or achieved. Nevertheless, illicit funds from these sources have assisted in compromising security agencies, strategies, and structures in the present day Africa where several individuals; mostly the active and restive; highly oriented youths, are engaged in the nefarious and psychologically wrenching activity of kidnapping. The objective of this paper is to analyze the incidents of kidnapping activities and comparatively review the attendant consequences with secured credit transactions in Nigeria. The paper therefore discussed the origin and motives of kidnapping. Although Security of lives and property in Nigeria is said to be the primary function of the Government as enshrined in section 14 (20) (b) and Section 214 of the Constitution,1 the effectiveness of this function seems impaired and rendered the effective enjoyment of same by Section 6 (6) (c) of the same Constitution2, the effectiveness of this infusion has been seen to be impaired by a number of factors which amongst others include; corruption, improper functioning of regulatory institutions and authorities, corruption, administrative compromise, repressive style of policing, and manpower shortages. The obvious result is the escalating wave of mundane criminal activities as exemplified in the recent upsurge in the rate of dare devil robbery and kidnapping with impunity nationwide, and most recently prevalent; particularly, of school children in the North. As a solution to dissuade and discourage this activity, this paper recommends that government should stop paying lip service to the fight against kidnapping and instead take concrete steps to stem and control the rising tide and bring it to an end or; at the least, bring it to the barest minimum.
robbery, terrorism, smuggling, human trafficking
human part trading, drugssmall arms trafficking
THE MENACE OF ONLINE POSTS, VIS-A-VIS THE VIOLATION OF HUMAN RIGHTS OF THE SUSCEPTIBLE
Online posts can take any form. It can be through the use of social media platforms, news platforms, or the internet generally. Posts include videos, Graphic Interchange Formats (GIFs), images and write-ups. Thus, while freedom of expression and free speech are basic human rights, these have been used in such a way that has occasioned a breach of the human rights of others. Now, while online posts cannot and should not be stopped, there should be a way of curbing sensitive posts and the negative impacts which have resulted from their use. This issue is not to be confused with defamatory posts, but the negative after-effects these posts have on humans. This work will explain further and in detail, how human rights have been breached as a result of the use of the internet. It will also recommend solutions to these issues and achieve better use of the internet.
Human rights, online posts, negative impacts
AN ANALYSIS OF THE EFFICACY AND CHALLENGES OFTHE INTERNATIONAL CHAMBER OF COMMERCE IN COMMERCIAL DISPUTE RESOLUTION
International commercial disputes have rapidly increased as a result of the massive rise in global commerce. Effective trade dispute resolution systems are required because, if ignored, transnational trade deadlocks can lead to serious global economic and political issues. As a result, there is growing need for quick and effective dispute settlement. As opposed to litigation in national courts, extrajudicial measures are the most effective way to meet this need. This paper makes two arguments: (1) that alternative dispute resolution (ADR) procedures that are compatible with the cultural backgrounds of the disputants are the best ways to settle international commercial disputes; and (2) that regardless of the ADR procedure ultimately chosen—negotiation, conciliation, arbitration, or a hybrid process—a third-party mediator who is well-versed in the cultures of the disputants can best assist the disputants in reaching an amicable agreement quickly. The International Chambers of Commerce's enforceable dispute resolution processes have long been seen as making it an effective organization. In this Paper the International Chamber of Commerce (ICC), the efficiency and otherwise of its rules are analyzed; as well as how the institution reaches its goals, and provide a theoretical perspective regarding non-governmental organizations that deal with international arbitration.
Dispute resolution. International arbitration, Arbitration courts, ICC
COMPARATIVE ANALYSIS OF ADVERTISING RULES FOR LEGAL SERVICES IN ONTARIO, CANADA AND NIGERIA
In many legal jurisdictions, the advertising of legal services is regulated. This has had the effect of distinguishing the legal market from other service markets. Advertising of legal services afford clients the opportunity to make informed choices while retaining the services of a lawyer. It also assists the public understand their legal needs and create an enabling environment for accessibility. It is the source of business, clients and revenue for law firm and it is susceptible to abuse if left unregulated.
CONSEQUENSES OF DIRECTORS’ BREACH OF DUTY
The company is a fictitious legal entity whose important organ is the Board of Directors. The Directors have a duty to uphold the company's Constitution and a legal obligation to act in its best interests by advancing the company's success for the benefit of the company and its members. Where they fail to live up to these expectations, the company may become infected with a dangerous plague, pandemic, incurable disease or organ failure, which may eventually lead to its death. The Directors, being humans are unpredictable and fallible. They are bound to inadvertently make mistakes, negligently fail in their duties or willfully act or conduct themselves in manners that may lead to the failure of the company by way of bankruptcy, insolvency, liquidation and winding up. In order to ameliorate the company from passing through the above anomalies, statutory duties are put in place, which if strictly followed, the misfortunes would not be experienced. Consequences of breach of Directors‟ duties are also put in place statutorily and at Common Law to enable Directors strictly observe their duties. This Article adopted the doctrinal research methodology. It examined Director's duties under the Companies and Allied Matters Act, 2020, as well as the duty of care as enshrined in section 174 of the United Kingdom's Companies Act, the factors that may lead to Directors‟ breach of duty, after which it proffered solutions on the way forward for the smooth running of the Company. It recommended for a continuous teachings or trainings for Directors, for them to be at par with current reality.