NNAMDI AZIKIWE UNIVERSITY JOURNAL OF HUMAN RIGHTS LAW
NNAMDI AZIKIWE UNIVERSITY JOURNAL OF HUMAN RIGHTS LAW (UNIZIK- JHRL) which is peer reviewed addresses, topical and contemporary issues in the fields of Law and human rights. It provides a forum for Scholars to research well and report findings on human rights violation for policy making with a view to solving developmental problems and provides a collection of well research articles useful to law students, law teachers, legal practitioners, law makers and Judicial officers. UNIZIK- JHRL also publishes articles on related disciplines especially Social Sciences and humanities. Well researched and original papers and case reviews, which will enhance knowledge and development, are welcome.
MILITARY NECESSITY, MILITARY OCCUPATION AND THE USE OF FORCE IN INTERNATIONAL HUMANITARIAN LAW: AN EXTRAPOLATIVE APPRAISAL
Military Necessity, basically, borders on International Humanitarian Law, and it entails the principle that a belligerent may apply only the quantity and/or amount and kind of force necessary to defeat an enemy. It demands that a party to an armed conflict may resort only to the means and methods that are necessary to achieve the legitimate goals of the armed conflict. Military necessity is only limited by the principle of humanity. A territory, on the other hand, is considered as occupied the moment it is placed under the power and authority of the hostile army or belligerent. Under International Humanitarian Law, there are rules that govern not just military necessity and military occupation, but also the use and\ or application of force during armed conflict. This Article explored the principles of military necessity, military occupation, use of force and the rules governing their application in the prosecution of war. The study adopted a doctrinal research methodology for interrogating the existing legal structures available for these principles, their uses and the abuse thereof. The paper also looked at the cases of authorized use of force by the United Nations’ Security Council. Findings from the study revealed both positive and negative strides. The paper ended with recommendations centered around strict compliance to the rules amongst other things.
Nwoke Theophilus Williams, PhD & Hilda Uche Obi-Obiora
THE RULE OF LAW AND THE JUDICIARY IN MODERN DEMOCRACIES
The rule of law presupposes the equal subjection of all persons and authorities, irrespective of the status or class, to the dictates of the ordinary laws of the land. The judiciary plays a vital role in achieving the aims of the rule of law in modern democracies like Nigeria, to this end an independent judiciary is imperative. This research aimed at discussing the rule of law and the judiciary in modern democracies, with the objectives of finding out the challenges faced by the Nigerian judiciary in upholding the rule of law in Nigeria. The research employed doctrinal research methodology and sourced data from primary sources like the Constitution of the Federal Republic of Nigeria 1999; constitutions of United States of America and that of Ghana which were cited in comparative analysis. Also, secondary sources of data were obtained from journal articles and internet materials. The research found that the process of appointment and removal of judges in Nigeria, financing of the judiciary do not reflect with the accepted international standards and also do not accord with the principles of independence of the judiciary. The research recommended that the judiciary should be completely independent from the other arms of government in line with the doctrine of separation of powers. It went further to recommend that the process and procedure for removal and discipline of judges should be left to the judiciary disciplinary committee. Among other things, the research further recommended that the judiciary should be granted financial and budget autonomy.
Chibike Amucheazi, PhD; Nnaemeka Nweze; Fochi Nwodo; Clement Anoliefo; Eweputanna Ivy-Mary & Nwiabu Legborsi
THE ROLE OF THE UNITED NATIONS SECURITY COUNCIL IN PROMOTING PEACE AND SECURITY IN INTERNATIONAL LAW
The United Nations Security Council (UNSC) was set up as an arm of the United Nations (UN) with the mandate to promote peace and security between countries in the world involved in one type of dispute or war, and the others. However, the UNSC has played a major role in promoting international peace and security under international law, even though it is often criticised for how well it does this. It is important to remember that the international system and the laws it operates under have also had problems. For independent states, the UNSC can only moderate state behaviours but cannot at all times control its operations perfectly, and the national interest of P5, which often reflects in their use of veto power, remains a challenge to the council's efficiency. This research is aimed at exploring the role of the UNSC in peace and security promotion under international law. The study adopted a doctrinal research methodology for interrogating the existing legal structures available for the UNSC to see how well it has played its role under its mandate. Findings from the study revealed both positive and negative strides. For example, the P5 has the power to veto UNSC decisions, which can be problematic. The study concluded that although there have been challenges in some cases, the UNSC has, to a large extent, executed its mandate in the maintenance of international peace and security under the international legal framework available; thus, the argument that the UNSC is completely irrelevant does not hold. The study recommends that major reforms be introduced to ensure effective administration of the Council's functions. These include that international laws guiding the operations of the UNSC should be encouraged not only in letters of the law but also in practice to achieve the main purpose for which it was created.
Okeke, Uche Darlington; Obianyo, Chukwubuikem Ikechukwu; Ater, Solomon Vendaga
THE OSU CASTE SYSTEM IN THE SOUTH-EAST REGION OF NIGERIA AND INTERNATIONAL PROTECTION OF VULNERABLE AND DISADVANTAGED GROUP: A LEGAL APPRAISAL
In some communities in the South-East region of Nigeria, there still exists the degrading and discriminatory practice of Osu caste system despite its abolition many years ago. This continued practice of the caste system has been perceived as constituting a violation of the provisions of the Nigerian Constitution1 as well as regional and international human rights treaties. The aim of this paper, therefore, is to examine how the practice of the Osu caste system violates certain provisions of domestic, regional, and international human rights laws and makes recommendations on how it can be eradicated. The paper adopts doctrinal legal research methodology using analytical and critical approaches in actualizing the objective of the research. It also makes use of primary sources of literature on the subject matter such as statutes and case law as well as secondary sources such as textbooks, journal articles, internet materials, and so on. The author finds, inter alia, that the practice of the Osu caste system flagrantly violates the provisions of the Nigerian Constitution as well as regional and international human rights instruments. The paper concludes, among other things, that the continued practice of the Osu caste system in the South-East region of Nigeria is gravely discriminatory, illegal in all its forms, and runs contrary to the core principles of dignity of human person and equality of persons inherent in all human beings as enshrined in the Charter of the United Nations and Chapter IV of the Nigerian Constitution. The author, therefore, urges the Nigerian Government to, as undertaken in article 4(a) of the International Convention for the Elimination of All Form of Racial Discrimination and other human rights instruments, take the necessary legislative measures towards amending its existing criminal laws or enacting new ones, criminalizing the practice of Osu caste system by making it an offence punishable by law.
Cajetan Osisioma, Esq & Hilda Uche Obi-Obiora
THE DISPROPORTIONATE EFFECT OF INTERNAL DISPLACEMENT ON THE NIGERIAN CHILD: A LEGAL VIEW
Many children have been displaced in Nigeria either by armed violence, insurgency, communal clashes, inter-ethnic conflicts and natural disasters. There is no child more vulnerable today than a child internally displaced as they are forced to leave their homes and communities behind. As the children run for safety, they further experience discrimination while trying to survive. The effect of this can be extremely devastating and traumatizing on a growing child who may likely be displaced all through childhood with no hope of a home. This paper discusses children internally displaced in Nigeria and how it affects them disproportionately. The Paper employs doctrinal methodology with analytical approach using statutes, case laws, conventions, textbooks, journal articles, Internet sources and reports of various authors on the subject. It further employs analysis as a tool to assess the legal protection available to internally displaced children in Nigeria and the limitations to their protection. It was found that despite the vulnerability and the disproportionate negative effect of internal displacement on children, Nigeria has not taken adequate steps to combat the situation. It is recommended that all concerned institutions and relevant stakeholders be alert to their duties concerning the issue.
TERRORISM, GLOBAL INSECURITY, AND HUMAN RIGHTS: A COMPARATIVE ANALYSIS OF NIGERIA AND THE UNITED STATES
In an interconnected world, terrorism poses a significant threat to global security and human rights. This paper examines the terrorism threats in Nigeria and the United States, the responses of Nigeria and the United States to terrorism, and the impact of such responses on human rights within each country. Crucially, the impact on human rights is scrutinized through a comparative lens. In Nigeria, counterterrorism efforts have sometimes led to extrajudicial killings, arbitrary detention, and violations of freedoms, particularly in regions affected by insurgency. Conversely, the United States has faced criticisms for practices such as indefinite detention at Guantanamo Bay, targeted drone strikes, and mass surveillance programs, raising concerns about due process and privacy rights. This analysis concludes by identifying key lessons and recommendations for policymakers in both countries and the international community. It emphasizes the importance of adopting comprehensive, rights-respecting approaches to counterterrorism that address root causes, strengthen the rule of law, promote inclusive governance, and uphold human rights principles.
Nwafor, Noble Chidera; Anthony Chinedu Onah & Chiamaka Nita Anyanwu
LEGAL AND INSTITUTIONAL FRAMEWORK FOR PROMOTION OF RIGHTS OF WOMEN IN DOUBLE- DECKER MARRIAGES IN NIGERIA
In Nigeria, most marriages are conducted under the customary law and the Marriage Act. The parties rarely feel adequately married until both are contracted. There exist two different streams of law that meet harmoniously in the marriage life of the parties. The aim of this work is to espouse the legality of this variant marriage, which is entered into by either of the two different processes and analyze the controversy regarding its effects and incidents on women’s rights and empowerment. Essentially, this article adopted the doctrinal research methodology aimed at investigating the impact of double-decker marriages on women’s Rights and Empowerment. Accordingly, it was found that the issue of women’s rights and empowerment in double-decker marriage is much affected by the competing values of these multi-systems of law; that the area of marriage is still one in which customary law still applies even to those who subscribe largely to the common-law system. It also found that many of such double-decker marriages are contracted illegitimately, in an offending reversed order. The study recommended a legal reform that amend the Marriage Act and the Matrimonial Causes Act to recognize and integrate customary marriage rites, values and procedures, ensuring compliance with international human rights standards. And establish a regulatory body to oversee marriage registrations ensuring uniformity and standardization across both customary and statutory marriage system.
JUDICIARY AND ADMINISTRATION OF JUSTICE: AN OVERVIEW OF THE PERSISTENT CHALLENGES TO JUSTICE DELIVERY IN NIGERIA
The authority for administration of justice rests with the judiciary.1 The authority is encapsulated in the judges and magistrates in the exercise of their hallowed duties through the courts.2 These duties encompass the determination of any question as to the civil rights and obligations of parties concerned3 as well as the necessity of maintaining societal order in the realm of criminal justice administration. However, the judiciary over the years has encountered persistent challenges in the course of performing the hallowed duties. Congested course lists thereto dilapidated facilities, corruption coupled with lack of continuing legal education for the justice administrators are just but few. Employing doctrinal approach the work found that while corruption may appear to be a major setback and clog in the wheel of justice, improved harmonized incentives thereto availability of modern justice administration equipment will be a great boost in justice delivery in Nigeria.
CHALLENGES OF ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS VIS A VIS UPHOLDING NATIONAL SECURITY: THE PERSPECTIVE OF THE STATE SECURITY SERVICE
From the inception of declaration of Universal Human Rights in 1948 by the UN several States’ constitutions have continued to embody human rights within it. These basic rights inure naturally in man and their derogation will disrupt peace and affect society’s’ equilibrium. The state will not pursue human rights at the expense of state’s security or either way. However there have been instances where national security is projected by governments as its main priority. Where national security has been made a priority, several legislations aimed at derogating certain human rights are usually enacted. Constitution having placed certain limitations on human rights makes it not to be at odds with national security matters. This paper appraises national security vis-a-vis human rights enforcement under the 1999 Constitution of Nigeria. The work employs doctrinal research methodology. The work found that despite the limitation on enforcement of human rights in certain circumstances by the constitution the state actors still delight in extra subjugation of these rights in pretensions of national security enforcement. It is recommended that further and continual subjugation of human rights beyond the limitations of the constitution is an exertion that will suddenly burst the bubbles in human rights matters and disrupt societal equilibrium.
HIRED –TO- INVENT: A CRITICAL APPRAISAL OF EMPLOYEES’ INVENTION, LICENCES AND AGREEMENT
Inventions are the result of methodological research. However, when an invention is made in the course of employment or in the execution of a contract, then the question as to who owns the invention arises. Thus, ownership of employee’s inventions brings to limelight the intersection of intellectual property rights and labour law. One question we commonly hear from inventors who are employees is whether they have ownership rights to a patentable idea they conceived while working for a company. The answer can be quite tricky and uncertain. It is on this premise that this paper aims to examine the general rule, in the absence of a written agreement to the contrary, whether an employer has a non-exclusive license to use an invention devised by an employee while working for the employer. The doctrinal method of legal research was employed. The paper finds that the more difficult situation arises when an employment contract is silent as to intellectual property rights. The paper further finds that under the “hired-to-invent” doctrine; if an employee is hired to invent something or solve a particular problem, the property of the invention related to this effort may belong to the employer. The paper concluded inter alia that there is usually absence of certainty and clear specification of the terms of ownership of intellectual property rights in an employment relationship in Nigeria. The paper recommended among others that certainty and clear specification of the terms of ownership of intellectual property rights in an employment relationship before any intellectual property is developed is paramount, otherwise, the question of who owns the rights to employee inventions becomes complicated.
Ngozi Chisom Uzoka, PhD & Olivia Ezinne Onwugbenu, Ph.D
FIGHT AGAINST TERRORISM AND THE HUMAN RIGHTS CONCERN: A CASE STUDY OF ISRAEL AND HAMAS CONFLICT IN GAZA STRIP
Terrorism includes criminal acts intended or circulated to provoke a state of terror in the general public which acts are unjustifiable in any circumstance by whatever considerations. In recent times terrorism has increased exponentially in different parts of the world where hitherto it never occurred. The brazen style of attack on Israel by Hamas terrorists and eventual counter measures by Israel led to war against Hamas terrorist in the Gaza. The pursuit of the war further led to quantum violation of fundamental rights and how peoples’ basic freedoms have been affected in the course of the war in the Gaza are evaluated. The work critically examined the fight against terrorism and human rights concern particularly the fight against Hamas by Israel in response to the October 7, 2023 attack on Israel by Hamas. The doctrinal research methodology was adopted. It was found that the October 7th Hamas terrorists attack on Israel violated the Isrealis human rights without justification and further resulted in egregious repression of fundamental rights and basic freedoms of the inhabitants of the Gaza Strip. It was concluded that Hamas invasion of Israel on October 7th, 2023 and the corresponding reprisal attack and further war by Israeli Defence Force (IDF) against the Hamas in Gaza have occasioned continual repression of human rights and fundamental freedoms. Such as the rights to life, dignity of human person, privacy fair trial, education, health; and rights against torture, and so on. It is recommended that Israel adopts counter-terrorism strategies that will not violate human rights and fundamental freedoms in Gaza.
LEGAL FRAMEWORK FOR ASCENSION OF WASTE GENERATION TO WEALTH CREATION: AN INNOVATION TOWARDS ENVIRONMENTAL SUSTAINABILITY AND DEVELOPMENT IN NIGERIA
Waste can be refuse or superfluous material especially that remains after a manufacturing or chemical process. Waste has become a recurring decimal in the lives of every human being. We tried in this work to x-ray how this by-product called waste could be a raw material for a new product; thereby creating wealth rather than generating waste to the company or nation. Ascension of waste generation to wealth creation in Nigeria has the consequences of leading to a sustainable development in Nigeria which is the development that meets the needs of the present society in Nigeria without compromising the ability of the future generation to meet their own needs. The aim of this work is to appraise the legal framework for ascension of waste generation to wealth creation and the likely innovation towards environmental sustainability and development in Nigeria. We adopted doctrinal methodology of research with analytical approach of data collection through primary and secondary sources. This research found that improper management and use of wrong technology gave rise to waste generation which is inimical to the natural environment. The work therefore focuses on how legal framework and regulations can be established and applied to properly manage waste and generate wealth for sustainable development in Nigeria. We recommended institution of legal framework and application of regulations, recycling, use of advanced technologies and proper waste management mechanism for managing waste and generate wealth there from, for enhanced productivity and sustainable development in Nigeria. The work concluded on the note that institutionalizing legal framework and application of regulations thereto will provide platform for generation of wealth towards sustainable development in Nigeria.
A LEGAL SURVEY ON SECTION 221 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999
Section 221 of the Constitution of the Federal Republic of Nigeria 1999 provides that no association, other than a political party, shall canvass for votes for any candidate at any election or contribute to the funds of any political party or to the election expenses of any candidate at an election. The assertive question of whether votes cast in an election in Nigeria belong to the candidates or to their political parties has come up for judicial determination in several cases in Nigeria. The latest case in which the said question came up for determination was Suit No.: FHC/ABJ/CS/920/2021 between Peoples Democratic Party (PDP) & 2 Ors. v. Engineer David Nweze Umahi & Anor. which case later went on appeal vide Appeal No.: CA/ABJ/CV/275/2022 between Engineer David Nweze Umahi & Anor. v. Peoples Democratic Party (PDP) & 2 Ors. This Paper interrogates the legal purport of the provisions of Section 221 of the Constitution of the Federal Republic of Nigeria 1999. The researchers found, inter alia, that it is high time that the position of the law relating to the said constitutional provisions became trite and settled so much so that lawyers and the Courts in Nigeria shall no longer be ‘tossed to and fro’ as long as the said constitutional provisions remain unaltered. It is the researchers’ conclusion that sponsorship of candidates and canvassing for votes for the candidates by political parties in any election does not and should not be stretched to translate into ownership by the respective political parties of the votes cast in that election. It is recommended, in the main, that the Court in Nigeria should once and for all categorically settle the aforesaid assertive question and resist any further attempt by any politician or political party to unsettle the issue again as far as the provisions of Section 221 of the Constitution of the Federal Republic of Nigeria 1999 remain unaltered.
Mary Imelda Obianuju Nwogu, PhD, FCArb; Odinakachukwu E. Okeke, PhD; Ezinne Olivia Onwugbenu, PhD & Efe Eric Ughumiakpor
APPRAISAL OF THE INNOVATIVE PROVISIONS OF THE BUSINESS FACILITATION ACT 2023 IN THE LIGHT OF NATIONAL POLICY ON EASE OF DOING BUSINESS IN NIGERIA.
Business activities in Nigeria, which has the largest economy in Africa, have been impeded by bureaucratic red tape, ambiguous legal requirements, and inefficient administrative procedures.1 Such barriers have been a continuous problem. To address the various obstacles faced by businesses in Nigeria and to effectively implement regulatory and administrative reforms, the Federal Government of Nigeria has enacted the Business Facilitation (Miscellaneous Provisions) Act (BFA) 2023. The Business Facilitation Act 2023, a notable development in creating a favourable business climate, was officially signed into law by President Muhammadu Buhari on 14 February 2023.2 The BFA 2023 is in line with the National Policy on Ease of Doing Business in Nigeria, which has been a key part of economic reforms to improve the regulatory environment, reduce bureaucracy, and create a more business-friendly climate.3 It introduces various innovative provisions to simplify regulatory processes, increase transparency, and improve efficiency. This paper therefore aims at evaluating the provisions of the Business Facilitation Act 2023 and analyses their compatibility with the National Policy on Ease of Doing Business in Nigeria. It further analyzes the key amendments and regulatory changes introduced by the Act. The paper will also show the lessons and reflections on potential impacts on the business ecosystem in Nigeria, with a focus on reducing administrative hurdles, fostering economic development, and enhancing the overall ease of doing business. The researchers adopted the doctrinal methodology with analytical approach. The BFA 2023 is a major milestone in improving the business environment in Nigeria. The Act addresses critical challenges faced by businesses by introducing innovative provisions such as the one-stop shop policy and enhanced dispute resolution. Collaboration among stakeholders, including government agencies, businesses, and civil society, is crucial to ensure the Act effectively creates a favourable business environment in Nigeria.
Prof. M.N Umenweke, PhD; Matthew Izuchukwu Anushiem, PhD; Uchenna Maryjane Anushiem, PhD & Chinaza Michael Egwuatu
NNAMDI AZIKIWE UNIVERSITY JOURNAL OF HUMAN RIGHTS LAW Vol. 1 No. 2 (2024)
THE PRACTICABILITY OF PATIENT’S RIGHT TO INFORMATION AND INFORMED CONSENT IN THE NIGERIA MEDICAL SECTOR
Patient’s Right to be fully informed on the state of their health condition and the latest developments on health has not been obtainable of late in Nigeria, as most medical practitioners rarely disclose necessary information to their patients. Patients have the right to know their past and present medical status and to be free of any mistaken beliefs concerning their conditions. Medical practitioners are duty-bound to disclose every information about their patient’s state of health. Thus, where the right to information is lacking or where proper information is not given, the patient cannot be seen to be giving informed consent to the treatment. This paper aims to examine the right of the patient to information about his health condition, the practicability in Nigerian hospitals, and the observation of the patient’s right to give informed consent on treatment and procedures available. The doctrinal method of research is applied in the course of this work. This paper shows that though doctors ob tain consent from their patients before surgical operations, the method of obtaining such information is not satisfactory as most of the time, patients end up giving consent to a procedure that they are not well informed about. Aside from surgical operations, one cannot validly say that patients’ consents are gotten before ordinary treatment is given as doctors do not bother themselves with certain explanations and information since what they intend to do is mere treatment and not surgery. Hence, the right to informed consent remains continually breached and the patients or their family members rarely take these cases to court, this has made doctors not realize the need to abide by the principles of informed consent. This paper recommends that physicians disclose every medical detail to the patient so that when the patient is making any consent with regards to the treatment procedure to be given to him, his decision can now qualify as informed consent. It is also recommended that patients begin to utilize our courts in enforcing any breach of their right to informed consent.
Sylvia O. Ahaneku; Patricia C. Arinze-Umobi & Chinyelu I. Emechebe
A CRITICAL ANALYSIS OF THE NORMATIVE STRUCTURE OF THE AFRICAN UNION HUMAN RIGHTS SYSTEM
The African ChArt.er on Human and Peoples’ Rights has been showered with praises both at the domestic, regional and international levels as a human rights instrument uniquely tailored to resolving human rights issues which were hitherto prevalent in the Continent especially foreign domination. This work examined the normative structure of African Human Rights System. The aim of the work was to critically examine the strength and/or the weakness of Africa’s human rights normative structure with a view of making recommendations that will solve grey issues of human rights promotion, respect, protection and fulfillment. The work’s major objectives were to chronicle African Union Human Rights instruments such as the African ChArt.er on Human and Peoples’ Rights, African ChArt.er on the Rights and Welfare of the Child, Protocols to the African ChArt.er on Human and Peoples Rights on Rights of Women in African and Protocol on the Establishment of the African Court on Human and Peoples’ Rights and so on, and examine their normative structure; to identify and critically appraise the categories of Human and Peoples Rights guaranteed by the various human rights instruments in African with pArticular focus on the African ChArt.er on Human and Peoples Rights. The doctrinal research methodology was adopted majorly in this work. It was discovered that the right to privacy, the right against forced labour, right to free and fair elections were not clearly provided for and/or not named and guaranteed as pArt. of civil and political rights. Also, it was further discovered that economic rights pArt.icularly under the African ChArt.er were scantily provided; no specific provisions to the right to food shelter and water. It was concluded that a lot is required to be done in the area of civil and political rights, economic and social rights, and peoples rights in the continent pArt.icularly in regard to respect, protection and fulfillment of these rights. The work recommended that the African Union should initiate measures geared toward drafting and adopting African ChArt.er on economic, Social, and Culture rights, tailored to restraining the egregious violations of economic, social, and cultural rights of individuals and Peoples in the African Continent.
Oyepho Akeuseph, PhD & Tamunoemi A. Abbiyesuku, PhD
THE RECALL OF LEGISLATORS AND QUEST FOR SUSTAINABLE DEMOCRACY IN NIGERIA
Section 14(2)(a) of the Constitution of the Federal Republic of Nigeria 1999 declares unequivocally that sovereignty belongs to the people from whom the government through the Constitution derives all its powers and authority. The sovereign authority of the people includes the power of the people to freely choose their representatives in the legislative arm of government; the people make this crucial choice through periodic elections and sometimes through by-elections. Recall is the democratic device or process through which the people revoke the mandate of an elected legislator if they (the people particularly the registered voters of the legislator’s constituency) become dissatisfied with his (the legislator’s) performance. This research is an inquiry into the recall of legislators and the quest for sustainable democracy in Nigeria. It is noted that there is a nexus between the people’s power to recall their legislators/lawmakers and the quest for sustainable democracy; accordingly, an efficient and effective legislature is one of the bastions of true democracy. The question now is how can the electorates in Nigeria be effectively protected from the inefficiencies, misdeeds and frailties of their lawmakers? In the course of this inquiry, it is the researchers’ finding that enthroning and sustaining/nurturing true democracy in Nigeria requires inter alia, strengthening and improving the legal structure for the recall of legislators in Nigeria. It is recommended, among other things, that the recall process should be made achievable for the people and that the Court of Law being one of the strong pillars of democracy should be the appropriate avenue/venue for recall exercises to be challenged/questioned in appropriate circumstances given the principle of judicial review.
Obumneke O. Osakwe; Prof. E.O.C. Obidimma, PhD & Dr. Odinakachukwu E. Okeke
STATE ECONOMIC OBJECTIVES AND UNFAIR POLICIES VIS A-VIZ MILLENNIUM DEVELOPMENT GOALS: AN APPRAISAL
The concepts of social justice and equality of status and opportunity in Nigeria are deeply embedded in our laws. They are specifically part of state economic objectives in the Nigerian constitution. The transformation of these provisions through State policies to impact and form the path of everyday transactions in Nigeria appears to be a mirage. The economic objectives though laudable but with practically no commitment on the part of the State seem to have exposed the objectives as somewhat worthless. However, the onset of the Millennium Development Goals (MDGs) and Sustainable Development Goals (SDGs) initiations in 2015 brought with it increased hopes and aspirations in the policy paradigm. This paper examines some economic policies of the state from the end of Nigeria's Civil war to the MDGs to ascertain if the state is practically engaging in policies towards the maximum welfare of her citizens considering the huge financial investments in the MDGs. The work found that some inroads were made through the MDGs in the expansion of the state economic policies but could not be sustained due to violent conflicts and a lack of commonwealth in the state. The work recommends that the state should jettison all ethnic prejudices that have bedeviled it and be decisive in its actions in the implementation of any policy for the benefit of its citizens.
Maduka A Ewuzie, PhD & Boniface E Ewulum, PhD
RIGHT TO A PROTECTED MARINE ENVIRONMENT IN NIGERIA: A LEGAL APPRAISAL
The guarantee of a safe marine environment is enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as amended) as well as other national and international instruments that have a direct and tangential bearing on the protection of the marine environment. The continued depredation of the marine eco-space has raised both international and national concerns, particularly as it affects human life and well-being. The direct response to the menace of marine degradation and its impact on humans warranted the incorporation of environmental rights in the African Charter and the 1999 Constitution. Furthermore, the United Nations in its Sustainable Development Goal Programme laid credence to environmental issues as integral to its goals as expressed in Goal 14 (which is “life below water”). A robust marine environment and its protection is a personal right of individual citizens of Nigeria. The distortion of these rights arising from the constant pollution trend and its hazardous impact on human health in the face of the avalanche of laws both national and international was the reason the researcher settled on the topic to appraise the citizens’ right to a protected marine environment in Nigeria. The methodology used in this research was the doctrinal research method which entailed the analysis of both primary and secondary sources of data collection. The research found that despite the deluged of the national and international laws enacted and ratified, the spate of marine pollution impacted on humans remained unabated. This article recommended that the protection of the marine environment in Nigeria should not be accessed through the directive principle of state policy under section 20 of the Constitution, but should be transposed into Chapter IV of the Constitution to give a full-blown right to the clean marine environment to be enjoyed by the citizens of Nigeria.
AN ANALYSIS OF CERTAIN MODES OF ACQUISITION AND DISPOSITION OF PROPERTY IN NIGERIA
The ownership of property is a fundamental aspect of the existence of humans in every clime. It is beyond dispute that human beings attach much importance to their property, hence why this work was conceived to analyze the modes of acquiring and disposing of these. This article was carried out utilizing the doctrinal research methodology which entailed the review of case law, relevant texts and articles, statutory provisions, et cetera. In the course of this work, different types of acquiring and disposing property were examined especially in the Nigerian jurisprudence. It is believed that this article will help project the enlightenment of this area of jurisprudence to our academia and populace.
Daniel Chidike Nwuzor, PhD & Anthony Chinedu Onah, LL.M
LEGAL PERSPECTIVES OF THE RIGHTS OF INTERNALLY DISPLACED PERSONS IN NIGERIA
The phenomenon of internal displacement has become a significant issue in Nigeria due to various factors such as conflict, violence, natural disasters, and socio-economic challenges. The rights of IDPs are crucial for ensuring their protection, dignity, and access to necessities during their displacement. This study focuses on exploring the rights of Internally Displaced Persons (IDPs) in Nigeria. The research aims to shed light on the legal frameworks, policies, and practical measures in place to protect and promote the rights of IDPs in Nigeria. The findings of the research reveal both achievements and challenges in ensuring the rights of IDPs in Nigeria. While the Nigerian government has taken steps to address the issue through the adoption of relevant legislation and the establishment of institutional frameworks, significant gaps persist in the implementation and enforcement of these measures. IDPs continue to face various human rights violations, including inadequate access to necessities such as shelter, healthcare, education, and livelihood opportunities. Furthermore, the research highlights the role of non-state actors, including civil society organizations and humanitarian agencies, in supporting and advocating for the rights of IDPs. These actors play a crucial role in filling the gaps left by the government and providing assistance and protection to IDPs in Nigeria. The study concludes with a set of recommendations aimed at enhancing the protection and fulfillment of the rights of IDPs in Nigeria. These recommendations encompass legal reforms, strengthening institutional mechanisms, increasing resource allocation, and promoting collaboration between the government, civil society, and international partners. By shedding light on the rights of IDPs in Nigeria, this research contributes to the existing body of knowledge on internal displacement and human rights. It provides valuable insights for policymakers, humanitarian actors, and researchers working towards improving the conditions and rights of IDPs, ultimately aiming for the realization of durable solutions for this vulnerable population.
HUMAN RIGHTS IMPLICATIONS OF GAS FLARING: EXPLORING THE TRANSFORMATIVE EFFECTS OF THE PETROLEUM INDUSTRY ACT
Gas flaring, a common practice in the petroleum industry, has significant environmental and human rights implications, contributing to air pollution, and climate change, and negatively impacting the fundamental rights guaranteed by the Nigerian Constitution. The negative impact of gas flaring includes greenhouse gas emissions, reduced air quality, and threats to human rights including the right to life. The recent judgment of the Nigerian Supreme Court in Centre for Oil Pollution Watch v. Nigerian National Petroleum Corporation1 has acknowledged the environmental and human rights implications of gas flaring. Gas flaring, a common practice in the oil and gas industry, poses significant environmental challenges and adversely affects the health and well-being of local communities. The PIA, enacted to reform the petroleum sector in Nigeria, presents an opportunity to address these concerns and safeguard human rights. This paper explores the profound implications of gas flaring on the environment and the transformative effects of the Petroleum Industry Act (PIA) on the protection of human rights in Nigeria. The paper concludes that the PIA signifies a positive step toward addressing the environmental and human rights impact of the petroleum industry, particularly gas flaring. By imposing penalties, promoting gas utilization, and emphasizing environmental compliance, the PIA contributes to Nigeria's climate change commitments, aligns with global efforts to create a more sustainable and environmentally responsible energy sector, and ultimately protects human rights, particularly of the vulnerable communities near oil-producing areas. It is recommended that there should be Public participation in law and policy-making cannot.
A CONTEMPORARY VIEW ON INTERVENTION AND THE LIMITS OF SOVEREIGNTY IN A FLUID WORLD
Armed conflicts around the world have led to an impasse that appears to have hindered the growth of international law and its supposed influence on global affairs. The increasing insecurity and armed conflict between states could have been mitigated if there were robust international laws regulating intra-state affairs. However, this paper does not primarily focus on the inadequacy of laws, but rather on the seemingly absurd concept of sovereignty that certain international laws, such as the United Nations Charter, have shaped to the extent that it distorts the functionality of external intervention when deemed necessary. The paper offers insights into how international law and the regulation of state activities would benefit from a redefinition of the concept of sovereignty as outlined in the UN Charter. It achieves this by reviewing the conceptual grounding of sovereignty from a theoretical perspective, aiming to establish that sovereignty is now more relative than absolute. Therefore, external intervention should operate when circumstances demand it, to strengthen the notion of the responsibility to protect and underscore the value that the international community places on human life.
Chibike Oraeto Amucheazi & Fochi Amabilis Nwodo
COMPARATIVE ANALYSIS OF HUMAN RIGHTS PROTECTION UNDER THE AFRICAN CHARTER WITH THE EUROPEAN AND AMERICAN CONVENTIONS
The formation of the United Nations, the Universal Declaration on Human Rights, and the two Covenants on Civil and Political Rights, and Economic, Social and Cultural Rights internationalized human rights. These efforts were given an added boost at the regional levels by the European Convention on Human Rights, the American Convention on Human Rights, and the African Charter on Human and Peoples’ Rights. This paper attempts an exposition of the African Charter about guaranteed rights therein, and the machinery for the enforcement of those rights. The paper undertakes a comparative analysis of the European and American Conventions on Human Rights. The paper claims that the guaranteed rights under the African Charter when compared to the other Conventions are either framed in ambiguous terms or are vigorously limited by claw-back clauses. Hence, these rights may be easily derogated under the African system. The paper finds that, though the African Charter is very zealous and latent with certain imperfections, the adoption of the Charter is indicative of Africa’s efforts to promote and protect human rights. It is left to be seen how the recently established African Court of Justice and Human Rights can sustain this effort.
Adrian Osuagwu; Obinne Oguejiofor; Sylvester Anya; Emeka Adibe & Portia Chigbu
APPRAISAL OF THE CHALLENGES OF IMPLEMENTATION AND ENFORCEMENT OF INTERNATIONAL HUMANITARIAN LAW RULES IN NIGERIA BOTH IN TIMES OF PEACE AND WAR
International humanitarian law is one of the oldest branches of international law, a complex and diverse area of law, covering matters such as the treatment of civilians in times of hostilities, permissible means and methods of conducting hostilities as well as the rules of international humanitarian law vis-à-vis implementation, enforcement and accountability. Sadly, when these IHL rules are violated or ignored they often result in brutal and inhuman treatment. This study identified fundamental issues which largely inhibit the effectiveness of enforcement and implementation of IHL in conflict, like lack of political will on the side of the government, challenges of disciplined and trained security forces, and the issue of weak and ineffective institutions like the judiciary. The study’s object point to the fact that the unwillingness of the Nigeria authority in enforcing international humanitarian law has led to several breaches of the rules of IHL during the armed conflict including the targeting of civilians and civilian objects, acts of torture, rape and other forms of sexual violence, the casualness of governments towards proper investigation and prosecution of alleged perpetrators of crime. The study concludes that the changing nature of warfare particularly in non-international armed conflict in the recent past is significantly undermining the efficacy of IHL. The study further recommends amongst others that society be educated about the rules of armed conflict and that violators of the rules be brought to light so that people are held accountable for their actions or inactions.
Maureen Obiageli Ugwu; Chioma O. Nwabachili, PhD & Godwin Emeka Ngwu. PhD
THE APPRISIAL OF RELEVANT INTERNATIONAL LABOUR ORGANIZATION CONVENTIONS ON OCCUPATIONAL SAFETY AND HEALTH IN NIGERIA
Section 17 (3)(c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides that the health, safety, and welfare of all persons in employment are safeguarded and not endangered or abused. Workplace safety is a paramount concern, particularly in hazardous industries. Hazardous industries, such as mining, construction, and manufacturing, pose significant risks to workers' health and safety. The International Labour Organization (ILO) has developed several Conventions, Protocols, and Recommendations to guide Member States in ensuring workplace safety in these industries, and all places of work. This seminar paper examines the application of the ILO Convention on Occupational Safety and Health in Nigeria, as international best practices in labour and industrial relations. The National Industrial Court has been saddled with the jurisdiction to handle all labour-related matters including those relating to international best practices as stated in section 254C of the Constitution of the Federal Republic of Nigeria (Third Alteration), 2010. However, section 12 Constitution, 1999 (as amended) stipulates that until any international treaty is ratified and domesticated, such treaty does not have the force of law in Nigeria. Consequently, these two provisions have birthed many debates, creating two schools of thought concerning the application of undomesticated international treaties and best practices. This work aims to examine the key provisions of the Conventions relating to occupational safety and health and their application in Nigeria. Its objective is to reconcile the thought in line with international best practices. The doctrinal methodology was used, and the researcher also made use of primary and secondary sources including Internet sources in this study. The work findings highlight the need for the application of international best practices as a way to promote the non-justiciable provisions in Chapter II of our Constitution.
Matthew Izuchukwu Anushiem, PhD; Esimone Stanislaus Onyedika & Okafor Chisolum Nkolika
LEGAL APPRAISAL OF THE PROSPECTS IN TAXATION OF INCOME OF NON-GOVERNMENTAL ORGANISATIONS IN NIGERIA
Taxation is one of the veritable tools in the hands of countries of the world. Income realized from taxation in some countries far outweighs the income realized from other sources of revenue of government. In the present growing rate of economic activities and dwindling rate of income generated from oil, Nigeria just like most countries of the world has the potential risk of failing to carry out its obligation from the income generated from oil. The government of Nigeria has also started looking inwards in the area of taxation by enacting certain tax laws to increase the rate of tax payable on goods and services such as vatable goods and services. There are corporate bodies called non-government organizations, which comprise of churches, town unions, civil liberties organizations, trade unions, foundations, and so forth that the law exempts their income from payment of taxes. These non-governmental organizations engage in one economic activity or the other wherein they acquire income to run the affairs of the organizations and enjoy every facility provided by the government. However, there are no adequate legal and institutional mechanisms for effective and efficient taxation of income of these non-governmental organizations. A lot of prospects abound for the economy of Nigeria when adequate legal and institutional mechanisms are put in place for the effective and efficient taxation of the income of non-governmental organizations in Nigeria. This work aims to appraise the prospects inherent in the taxation of income of Non-Government Organizations in Nigeria. The researchers adopted the doctrinal legal research methodology using the analytical approach with the aid of statutes, case law, textbooks, journals, articles, and Internet materials. The researchers concluded that the absence of a clear-cut legal framework among other things is seriously impeding the prospects inherent in the taxation of income of non-governmental organizations in Nigeria. Consequent to the above, the researchers recommended that there is an urgent need for stakeholders in Nigeria to ensure that adequate legal and institutional mechanisms are put in place for the effective and efficient taxation of the income of non-governmental organizations to actualize the prospects inherent in the taxation of income of non-governmental organizations in Nigeria.
Uchenna Maryjane Anushiem, PhD & Lawrence Chukwunweike Ezeudu, PhD
AN APPRAISAL OF EXECUTIVE IMMUNITY UNDER THE NIGERIAN CONSTITUTION: NEED FOR REVIEW
Immunity is the legal shield that protects an officeholder from legal liabilities during their stay in office. In Nigeria, the President, Vice President, Governors, and Deputy Governors are immune from civil and criminal proceedings, including arrests during their term in office. So many officeholders have hidden under the cover of immunity to commit financial crimes and to disobey court orders; these and other abuses of the immunity privilege have necessitated calls from various quarters for the abolition of the immunity clause. This paper did an appraisal of executive immunity under the Nigerian Constitution to suggest reforms. The paper also looked at executive immunity in the United States of America to see if there are lessons that can be learned from that jurisdiction. The paper found that there is a need to reform executive immunity under the Constitution and that there are lessons to be learned from the United States. The paper employed doctrinal research methodology and made use of both primary and secondary sources of data. Primary sources of data used are the Constitution of the Federal Republic of Nigeria 1999(as amended); relevant statutes and case laws while the secondary sources of data used are textbooks, internet materials, and journal articles. The paper recommended that the Constitution should be amended to restrict immunity protection to the institution of civil actions during the period of office of the officeholders and criminal actions that do not border on financial corruption and embezzlement of public funds.
NNAMDI AZIKIWE UNIVERSITY JOURNAL OF HUMAN RIGHTS LAW Vol. 1 No. 1 (2024)