Law and Social Justice Review (LASJURE) is a peer reviewed journal purpose of which is to promote the discussion and examination of issues lying at the juncture of social justice and the law. LASJURE publishes legal studies and analyses of case law, legislation, and instruments that address the law's interface with historically challenged groups and stress the law's potential as a tool of positive social change. These studies can also rely on findings from related disciplines, especially social sciences and humanities. The aim of LASJURE is to provide inspiration for the development of law in ways that encourage the use of law as an instrument of social engineering. LASJURE is published three times a year in January, May and September. The journal invites professors, judicial officers, legal practitioners and law postgraduate students to submit scholarly articles, essays, legal briefs, case comments and book reviews that address issues involving the intersection of social justice and the law.
LEGAL REGIME FOR THE ENFORCEMENT OF CHILD’S RIGHTS IN NIGERIA
Law is an important part of every society, the absence of which reduces a society to a chaotic one. Laws also spell out the rights of individuals in a society, providing for the extent of such rights and how such rights can be lost. Children who form an intricate part of the society should not be left denied these entitlements. The aim of this work is to discuss the various, local and foreign laws that guide the rights of children in Nigeria, with a view to educating the ignorant ones of the great claims they have in these laws. This work employed the doctrinal research mode relying on primary sources such as statutes and case laws as well as primary sources like journal articles, books, and relevant online materials. The research revealed that the Nigerian laws though well drafted, are not effectively implemented for the good of the citizens. Proper implementation is necessary as well as constant review to meet with international best practices.
Child’s Rights, Courts, Labour, Enforcement
Angela E. OBIDIMMA; Chinemerem Chimezie NWOKOMA
RELATIONSHIP BETWEEN COMPETITION LAW AND RESPONSIBLE BUSINESS PRACTICES
Responsible Business Conduct imposes a responsibility on businesses to take cognizance of the economic, social and environmental impact of their respective activities in order to achieve sustainable development. This means that in a bid to meet their current production needs, businesses should not in any way compromise the ability of generations to come to meet theirs. Competition law on the other hand prohibits activities by firms in form of collusion and concerted practices amongst firms which is targeted at distorting the market. While RBC entails collaboration amongst firms, competition law prohibits such collaborative activities such as price fixing, cartel activities and all forms of agreement which distort the equilibrium in the market and adversely affect the consumers. Competition law can be used as a tool in entrenching good business conduct by deploying and harnessing the available natural resources through productive and dynamic efficiency for the satisfaction of consumers. RBP in terms of sustainable consumption can also be deployed in terms of high quality products fit for the consumer.
Competition Law, Business Practices, Relationship, Responsible
Chizaram Joy OBANU; Solomon Chuturu EBEKU
ANALYSIS OF CHALLENGES OF THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL) IN POLICING THE WORLD
It is trite that crimes and criminalities are no longer national issues. While some criminals specialize in carrying out criminal activities within some national boundaries, others chose to be international criminals. The need to have a common front in the fight against crimes and criminalities led to the formation of the international criminal police organization (INTERPOL) in 1923. The crux of this work is to analyze Interpol pointing out some challenges that bedevil the organization in policing the world. This paper adopted doctrinal research method, with reliance place on primary materials like: relevant statues, conventions and legal instruments. Secondary materials like: text books, journal articles, print and electronic media including internet as well as case laws were also used. The primary task of this paper is to analyze the Interpol pointing out some of the challenges of the organization. The analysis justifies the claim that Interpol has performed creditably well in policing the world. However, there is still room for improvement.
INTERPOL, Policing, Challenges, International Crimes
PROTECTION OF THE RIGHT TO LIFE OF MEDICAL DOCTORS DURING PANDEMICS IN NIGERIA: A HERMENEUTIC APPROACH
The Constitution of the federal republic of Nigeria in its chapter 4 made provision for certain rights with were referred to as fundamental rights. In section 33(1) of the Nigerian constitution the right to life of Nigerian citizens was expressly provided which makes this section of the constitution enforceable in courts. This section of the constitution however failed to stipulate specific areas of life it sought to protect. A pandemic is said to occur when a new infectious agent or a reemerging one spreads across multiple continents or even worldwide. During pandemics health workers are generally exposed to infected victims of which medical doctors are inclusive and their lives are usually at stake during pandemics. This study sought to examine whether section 33(1) of the Nigerian constitution could be broadly interpreted to protect the right to life medical doctors in Nigeria during pandemics. The research methodology adopted in this study was doctrinal and the approach was hermeneutic. The authors relied on primary and secondary sources for this research work. It was found that section 33(1) of the Nigerian constitution did not specify the nature of the right to life it sought to protect. The authors recommended that the section 33(1) of the constitution of the federal republic of Nigeria should be broadly interpreted to protect the right to life of medical doctors in Nigeria.
Right to life, Medical Doctors, Pandemics, Hermeneutics
Happiness Chidiogo OKEKE; Beatrice N. OKPALAOBI
THE ARBITRABILITY OF CORPORATE DISPUTES WITHIN THE AMBIT OF CASE LAW PRINCIPLES IN NIGERIA
Corporate disputes are encompassed in different areas of law. They are usually settled through litigation but presently can also be resolved through Alternative dispute resolution, of which arbitration is one of it. Arbitrability of disputes has gained attention globally. Not all disputes are arbitrable, especially when it is a matter of public policy or contrary to a statutory provision. Different jurisdictions take different approaches as to whether or not corporate disputes are arbitrable. The U.S. has a liberal approach; Germany pursues a case-by-case approach. Eastern European states such as Russia and Ukraine deem corporate disputes to be non-arbitrable. In India the Supreme Court gave a detailed principle on arbitrability of disputes. As of today, the arbitrability of corporate disputes remains a highly disputed legal topic. In some countries the arbitrability of corporate disputes is based on jurisdictional angle, while in others it is hinged on the agreement of parties to submit to arbitration. In Nigeria, the issue of arbitrability of corporate disputes is primarily based on the interpretation of the Courts, since there is no detailed legislative provision. The essence of this research is to analyse the corporate disputes that are amenable to arbitration in Nigeria while considering other jurisdictions and the case laws that have exposed the true position in Nigeria.
Arbitrability, Disputes, Arbitration, Corporate, Jurisdiction
THE REGULATORY AND IMPLEMENTATION REGIME FOR MULTI-DOOR COURTHOUSE SYSTEM FOR RESOLUTION OF DISPUTES IN NIGERIA
A Multi-door Courthouse is a Court-Connected Alternative Dispute Resolution Centre which offers different forms of alternative dispute resolution processes. These centers are independently run and managed, but are attached to a specific court (in the case of Kano, Anambra, Abuja and Lagos-the High Court of each respective State). The essence and place of ADR mechanisms in the national and international commercial and business relationships are obvious. Under the MDCH system, the court premises are enhanced to accommodate not only the traditional (mono-door) dispute resolution avenue of litigation, but also other dispute resolution avenues (or multi-doors’). In jurisdictions with established MDCH, cases filed in court are screened during the intake stage in order to determine the appropriate ‘door’ to be used. This paper found out that due to the enormous advantages of this process, it is now an attractive option for the resolution of disputes in Nigeria. The aim of this paper is to examine the legal and institutional frameworks for the practice and procedure of Multi-Door Court Houses or Court Connected ADRs in Nigeria. The methodology adopted in this research is doctrinal. It relied on both primary and secondary data. This paper concluded that the introduction of Multi-door Courthouses in Nigeria has revolutionized alternative dispute resolution processes by integrating them into the regular Court system.
Alternative Dispute Resolution, Multi-Door Courthouse, Court-Connected ADR, Practice and Procedure, Arbitration and Mediation Act
Ifeoma NWAKOBY; Ikenga K. E. ORAEGBUNAM; Chioma. O. NWABACHILI
EXAMINATION OF THE LEGAL PROVISIONS FOR COMBATING TAX AVOIDANCE AND EVASION IN NIGERIA
Revenue generation through taxation is an essential ingredient for sustainable development globally. Indeed, taxation is a very potent tool for economic growth and development across the globe. However, the productivity of the Nigeria tax system is low, and the major impediment to revenue generation in the country has been found to be the menace of tax resistance which manifests through the twin monsters called tax avoidance and evasion. This titled Examination of the Legal Provisions for Combating Tax Avoidance and Evasion in Nigerian’ has found that divergent factors account for tax resistance in Nigeria. These include lack of a comprehensive and reliable database of taxpayers, the effect of technological development which has made it possible for businesses to be conducted through the internet, the regime of the multiplicity of taxes in the country, lack of will to enforce tax laws, and the dearth of infrastructural and social facilities provided out of generated tax revenue. Added to the above findings is the fact that the institutional framework in the country is weak and almost lacks powers to effectively check tax abuses, and the Nigeria Courts have in most high profile tax abuse cases exhibited an unwillingness to check incidences of tax evasion. Tax resistance has also been found in this article to have impacted negatively on the economy through substantial loss of government revenue thereby frustrating government developmental programmes. Consequently, deliberate legislative efforts have been made to curb the incidence of tax resistance in the economy. The efficacy of these legislative attempts, though well-intended have not shown the potentials of the desired result. The work finally recommended an amendment of the Taxes and Levies Approved Act to reduce the number of taxes, development of reliable data of taxpayers in the country, amendment of tax laws establishing tax administration bodies, efficient enforcement of tax laws, and provision of infrastructure and social services from tax revenue to enable taxpayers to see the justification for paying tax, as strategies for the way forward.
Taxation, Tax avoidance, Tax evasion, Nigeria
A CRITICAL REVIEW OF THE JURISDICTION OF TAX APPEAL TRIBUNAL: THE IMPERATIVE FOR REFORMS
The Nigerian Tax Appeal Tribunal was constituted and formally inaugurated Feb. 4, 2010. Before the establishment of the Tax Appeal Tribunal in 2007 by the Federal Inland Revenue Service (FIRS) Establishment Act 2007, there were other adjudicating bodies on tax-related issues within the Nigeria tax system. But the impact was little when compared with the level of confidence reposed in the bodies by stakeholders, especially the taxpayers. These bodies were the Body of Appeal Commissioners and the Value Added Tax Tribunal. Section 53(1) of Company Income Tax Act (CITA) 1990 empowers the Minister of Finance to establish by notice in the Federal Gazette, a Body of Appeal Commissioners and the Value Added Tax Tribunal, which have been replaced by the Tax Appeal Tribunal (T.A.T). The current position seems to have done away with the state Body of Appeal Commissioners. A national tribunal (divided into zones) is now vested with the power to determine dispute arising from all federal tax legislations. This paper thus examines structural and procedural steps employed by the Tax Appeal Tribunal in the discharge of its statutory duties and the need to widen the jurisdiction of the Tax Appeal Tribunal.
Taxation, Tax Appeal Tribunal, Nigeria, Tax evasion, withholding tax
EXPLORING THE MEANING AND PLACE OF SELF-DETERMINATION VIS-À-VIS NIGERIAN SOVEREIGNTY UNDER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED)
The topic of this article is: Exploring the Meaning and Place of Self-Determination vis-à-vis Nigerian Sovereignty under the Constitution of the Federal Republic of Nigeria, 1999 (As amended). The aim of the research is to review and ascertain the position of the Constitution of the Federal Republic of Nigeria, 1999, on the interrelationship between the international law rule of self-determination and the established principle of state sovereignty. In other words, the aim of the research is to ascertain whether or not there is constitutional provision on right to self determination and if so to what extent that rule can be exercised in the context of the Nigerian sovereignty as provided by the Constitution. The methodology employed in the research is doctrinal using primary and secondary resources. Study found that there is no specific constitutional provision on self-determination except by inference through the statute. Moreover, although the Constitution itself clearly declared that sovereignty belongs to the people from whom the government derives its own, the same Constitution has taken away the power of exercising that popular sovereignty by making the provisions thereof non-justiciable and thereby subjecting that popular sovereignty to state sovereignty. Thus, our recommendation is that the Constitution should be amended to reflect the issue of self-determination as it is central to the survival of any people and to remove the issue of non-justiciability regarding the exercise of the popular sovereignty.
Sovereignty, indivisibility, indissolubility, non-justiciability and self-determination
LEGAL IMPEDIMENTS TO NIGERIA’S NATIONAL SECURITY
Nigeria as a state is a creation of the law; the Constitution of the Federal Republic of Nigeria 1999 (as amended). By the Constitution, Nigeria is a Federal State with the government at the centre and other states and the Federal Capital Territory Abuja. As it is customary, authority within Nigeria is divided between these tiers of government. It does appear that with several years of military rule, the ideals of federalism have been eroded, beginning with General Irons Unification Decree No. 34 of 1966 and subsequent military governments, Nigeria is operating what is referred to by critics as ‘Unitary federation’. Under this arrangement, the national government in Abuja has taken over the function and duties of the federating states. All laws promulgated or enacted by the National or States Houses of Assemblies must not be in conflict with the Constitution. Where they are, they are to the extent of such inconsistency null and void. Be that as it may, the National Security architecture is most affected as all the security forces and institutions are listed on the exclusive legislative list in the second schedule of the Constitution. The National Security Council, a body created by the Constitution, is more or less an organ of the central government. It is no longer news that Nigeria is labouring under the yoke of insecurity, the lopsided nature of laws enabling security as the major impediment in the realisation of national security. This article examines the legal regimes put in place to enhance national security and it is concluded that unless the Nigerian state gives the full meaning of federalism, the issue of insecurity shall continue to be with us.
National Security, Legal Impediments, Strategy and Policy, Nigeria
THE LEGAL JUSTIFICATION OF CRIMINALIZING THE INFRINGEMENT OF HUMAN RIGHTS AND ITS CONSEQUENCES
International Human Right Law obligates States to protect the rights of persons living within their jurisdictions for the furtherance of international peace and security. The Universal Declaration of Human Rights (UDHR) also foists on States the legal duty to guard jealously as well as preserve the rights and freedoms of every individual and machinery of society to maintain international development and stability. There have been discussions on the legal justification to criminalize any infraction of human rights and streamline the investigation, prosecution and punishment of actions meant to dehumanize, animalize and degrade citizens in accordance with human rights instruments and treaties through the instrumentality of criminal law and hold such perpetrators to account for such infringement. Organs of government are therefore under legal obligation to criminalize all forms of violations of human rights. The purpose and objectives of criminalizing, prosecuting and punishing human rights is meant to ensure the protection and respect for the humanness of human beings. This paper seeks to support the proposition for the use of human rights instruments as well as human rights monitoring bodies in the criminalization of human rights contravention and provide adequate punishment for perpetrators. The ultimate aim is to guarantee international stability, development and peace.
Infringement, Legal Justification, Human Rights, Punishment, Prosecution
TOWARDS ACHIEVING A GLOBALLY ACCEPTABLE GENDER EQUALITY IN NIGERIA: THE JOURNEY SO FAR
There is a palpable dichotomy entrenched in the Nigerian society based on gender superiority or primacy and inferiority or sub-ordinancy. It is demonstrated by male dominance, garnished by cultural patriarchy, where men are more likely than women to hold positions of social, economic and political power. Vast majority of cultures in Nigeria are patriarchies that structure gender inequality. In recent times, there has been a steady increase in the clamor for gender equality, which is predicated on the premise that all human beings are created equal. The recent rejection of about five (5) gender equality bills that sought to alter the constitution of the National Assembly of 1st March, 2022 has once again brought to the force the need to constantly challenge the systemic ills and oppression the patriarchal society imposes on women as well as the urgent need to revamp and purge our democratic system of recondite bias. Using a doctrinal research methodology, this paper analyzed legal, political, social and economic perspective of gender equality, and the need for a paradigm shift. The paper found out that patriarchal institution is giving prominence in the scheme of things, most of the laws or traditions are gender discriminatory, hence there is no gender equality and freedom; that gender is a social construct that can be dismantled to promote gender equality. The paper therefore recommends a positive shift in attitudes, legally and socially to promote gender equality that remains the boom of emancipation, economic game changer and development in every civilized society.
Gender Equality, Globally Acceptability, Women, Nigeria
UNDERSTANDING THE POTENTIALS OF LAW AS AN INSTRUMENT OF SOCIAL ENGINEERING AND CHANGE
The process of influencing and altering a society's social structures, behaviours, and conventions is known as social engineering. It entails utilizing a variety of instruments and methods to effect the intended changes in the society. The law is a vital instrument in social engineering. Laws are necessary for bringing about social change and are crucial in forming and directing society behaviour. The methodology adopted for this research is the doctrinal research method and data were collected through reference to primary sources such as laws, treaties, and judicial decisions, and through secondary sources such as books, journals, and online publications. It was found that laws are essential for forming and directing social behaviour, advancing social justice and equality, controlling behaviour and guaranteeing public safety, fostering economic growth and prosperity, advancing social change and advancement, and safeguarding the weaker and marginalized members of society. Critiques and restrictions, however, might make it more difficult for the law to effectively handle complicated societal concerns. Using the legal system as a vehicle for social change allows legislators, activists, and communities to take on urgent issues and move toward a more inclusive and equitable society.
Law, Social Engineering, Social Change, Behaviour
CAPACITY OF PATIENTS TO CONSENT TO TREATMENT: A CASE FOR MENTAL HEALTH LAWS IN NIGERIA
The issue of mental health cuts across time, landmark and civilization, and the question of a mentally ill person’s ability to have a say in their own treatment is a core issue in the context of Psychiatry, Human Rights and Medical Law. The purpose of this paper is to examine mental health laws in Nigeria and how they affect a mentally health patient’s right to consent to their own treatment. This paper adopted a doctrinal method of research which involved the use of primary sources such as the repealed Lunacy Act, the new National Mental Health Act of 2021, and case laws; in addition to secondary sources of law such as textbooks, journals and articles. Concepts such as Informed Consent and Capacity were examined. The study also examined the rights and challenges of mental health patients in Nigeria. The study found that the Lunacy Act which governed mental health in Nigeria for sixty-five years before it was repealed, was barbaric, and failed to provide for the treatment and care of persons with mental health conditions. This led to a wrong mindset towards mental health that made the country fall behind other nations in the mental healthcare sector. Therefore, this paper recommends that lawmakers work with mental health activists in accordance with WHO provisions /guidelines and other international frameworks, to amend the existing laws on mental health in Nigeria to fully protect the rights of mentally ill persons to consent to their treatment and avoid a repeat of cruel laws like the Lunacy Act that violated their right to consent. It further recommends an adequate implementation of the law on capacity of mental health patients to consent to treatment.
Mental Health, Patient, Consent, Capacity, Treatment
Henry Chukwudi OKEKE; Ngozi Eunice EMEKA
ROLE OF THE NATIONAL INDUSTRIAL COURT OF NIGERIA IN THE SETTLEMENT AND ADMINISTRATION OF CRIMINAL DISPUTES
It is the individual business or trade relationships that make up every modern economy. At the state level, organs and parastatals reach different agreements in carrying out their functions. In these unending activities and processes, friction may ensue. There may be misunderstandings, or outright relegation from responsibilities. It is for this purpose that the National Industrial Court was established; to have jurisdiction to determine issues and matters arising from business relationships. It is necessary for a lawful and friendly business environment. The Third Alteration Amendment Act 2010 did not only restate the civil jurisdiction of the National Industrial Court, but it also went as far as conferring upon it, the power to hear and decide criminal matters. This paper posits that the National Industrial Court has an important role to play in the administration of criminal disputes to facilitate trade relations and economic development. The court, in its role in the administration of criminal disputes, will guarantee liberty in labour, enhance social order in workplaces, and promote trade and industry.
Criminal Disputes, Settlement and Administration, National Industrial Court, Labour
NATIONAL MENTAL HEALTH ACT 2021 AS A SILVER LINING FOR THE PROTECTION OF THE FUNDAMENTAL RIGHTS OF THE MENTALLY ILL PATIENT IN NIGERIA
Prior to the enactment of the National Mental Act 2021, mental treatment in Nigeria was significantly misconstrued. The focus was on the confinement of persons with mental illnesses rather than effective treatment. The confinement was not always accompanied by proper mental care and treatment but often resulted in severe violation of the fundamental rights of the mentally ill. Many experienced harsh and inhumane treatments which achieved more harm than good. The new Mental Health Act provides some exciting innovations for the treatment of mental illness and offers extensive protection for the rights of mentally ill persons. The focus of this paper is to evaluate the adequacy of these provisions. The doctrinal and comparative research methodologies have been adopted. The findings of this paper reveal that the provisions of the mental legislation are robust enough for the protection of the rights of mentally ill patients. However, legislative intervention alone will not offer the deserving succour. Some socio-cultural and religious factors may impede the protection and enjoyment of the rights of mentally ill persons to effective medical treatment. This paper concludes by drawing lessons from international standards and best practices and recommends that advocacy, enlightenment, and investment in human and infrastructure will be required for the effective protection and treatment of mentally ill persons.
Mental Wellness, National Mental Health Act 2021, Health Care, Fundamental Rights
UNDERSTANDING PLEA BARGAIN AS AN ALTERNATIVE DISPUTE RESOLUTION IN THE ADMINISTRATION OF CRIMINAL JUSTICE SYSTEM IN NIGERIA
The use of Alternative Dispute Resolution mechanisms is mostly propagated in civil disputes. It is also a known fact that issues of crime cannot be amicably settled as the State has the sole discretion in determining who is to be prosecuted or not. Despite this fact, plea bargaining has emerged as a prominent mechanism within the criminal justice system, offering an alternative means of resolving criminal cases in Nigeria. This paper examines plea bargaining as an alternative dispute resolution method and its implications within the Nigerian legal framework. The paper adopted a doctrinal research method which encompasses a comprehensive review of relevant literature, statutes and case law, this paper looks at the public concerns about application of plea bargaining in Nigeria. This paper concluded that plea bargaining has demonstrated its value for expeditiously resolving criminal cases and alleviating the strain on court systems and incorporating a wider spectrum of ADR approaches, Nigeria can benefit from a more comprehensive and balanced approach to resolving disputes. The work recommended the amendment of the extent laws on plea bargaining to limit the courts involvement in the entire process.
Plea Bargaining, ADR, Criminal Justice, Criminal Law. Nigeria
Adekunle Saheed ABIOLA; John Afolabi OGEDENGBE
CHALLENGES AGAINST MULTINATIONAL CORPORATIONS’ RESPONSIBILITY AND ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS IN NIGERIA: THE WAY FORWARD
The Nigerian economy is highly dependent on crude oil and other natural resources and the major players in this sphere are multinational corporations. While it is never denied that the operations of multinational corporations in Nigeria have created job opportunities and brought development even to some rural communities in Nigeria, the violations of human rights by multinational corporations have become so alarming that several scholars have started questioning whether natural resources are curses or blessings. Despite the involvements of multinational corporations in violations of human rights in Nigeria, none has been held liable for human rights violations. This study aimed at identifying factors militating against holding multinational corporations accountable for their human rights violations. In order to achieve this objective, the doctrinal research methodology and the critical and analytical approaches were adopted in collection and analysis of data from primary and secondary sources. The primary sources comprised the constitution, statutes and case law while the secondary sources included text books, journal articles, dictionaries, law reports and online materials. It was found that lack of jurisdiction by Nigerian courts, the provisions of the Nigerian constitution and bribery and corruption were some of the challenges making it difficult to hold multinational corporations accountable for their involvements in human rights violations in Nigeria. This work recommended the amendment of the Nigerian Constitution and the enactment of a new statute recognizing environmental rights as human rights and vesting jurisdiction in the Nigerian Courts.
Multinational Corporation, Responsibility and Accountability, Human Rights, Poverty Mentality, Jurisdiction
Ikenga K. E. ORAEGBUNAM; Okwuchukwu G. ADAH
REGULATION OF EDUCATIONAL OPPORTUNITIES IN NIGERIA: GIANT LEAPS AND GRAVE LAPSES
Nigeria, like many other developing countries faces significant challenges in ensuring that all of its citizens have access to quality education. The regulation of educational opportunities in Nigeria presents a complex landscape with both commendable achievements and critical challenges. This paper explores the multi-faceted nature of educational regulation in Nigeria, focusing on the giant leaps made in certain areas while acknowledging the grave lapses that demand urgent attention. This paper examines the legal framework for the regulation of education in Nigeria, including education regulatory bodies such as the National Universities Commission (NUC) and the Council of Legal Education. These bodies play a pivotal role in setting standards, ensuring quality, and promoting access to education. However, despite notable advancements, the Nigerian education system faces significant challenges, such as inadequate funding, insufficient educational resources, lack of qualified teachers, regional disparities, and socio economic barriers. In order to gain a broader perspective and identify potential strategies for improvement, a comparative analysis was conducted between Nigeria and the United States. During the course of this work, the researcher adopted the doctrinal approach making use of articles, newspaper publications, statutes etc. Overall, the paper argues that Nigeria has made significant strides in expanding access to education in recent years, but that much more needs to be done to ensure that all Nigerians have the opportunity to access quality education. It suggests that a multi-stakeholder approach that involves the government, private sector, and civil society organizations will be key to achieving this goal. It concludes by emphasizing the need to prioritize policies and strategies to address key areas in education.
Regulation, Educational opportunities, Giant leaps, Education, Access, Quality
ROLE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES IN THE ENFORCEMENT OF THE OUTLAWRY OF UNCONSTITUTIONAL CHANGES OF GOVERNMENT: THE NIGER COUP AS A CASE STUDY
In order to confront the challenges posed by unconstitutional changes of government especially, the debilitating effect on the consolidation of democratic governance in Africa, regional and sub-regional organizations in Africa have taken bold steps to outlaw unconstitutional changes of government and established mechanisms for its enforcement. Despite the above, African countries continue to experience unconstitutional changes of government. The attempts by regional organizations to implement their stand on military coups have yielded little positive results and, in some cases, have left analysts in a quandary as to the efficacy of the outlawry and the enforcement measures. The most recent military intervention in the governance of Niger exposes the challenges especially, in situations where there is internal popular support for change. Therefore, this paper interrogates: the rationale and the efficacy of the outlawry of unconstitutional change of government and the enforcement measures thereof against the background of the factors that trigger unconstitutional changes of government; the constitutionality of the intervention by regional/external forces to restore the constitutional status-quo; the challenge of sovereignty and the prospects of achieving the objective of democratic consolidation by the outlawry of unconstitutional changes of government and regional enforcement thereof. The article adopts the doctrinal methodology and relies on the theories of social change, functionalism and collective security. It concludes that the enforcement of the outlawry of unconstitutional change of government is no doubt a right step in the right direction towards promoting democratic consolidation in Africa but this is not enough. The solution lies in the institutionalisation of democratic governance by addressing the African leadership challenges and institutional weaknesses that militate against good governance and socio economic development.
Democratic Governance; Enforcement; Sovereignty; Unconstitutional Change of Government
FISCAL FEDERALISM AND QUEST FOR RESTRUCTURING IN NIGERIA: LESSONS FROM UNITED STATES OF AMERICA
Restructuring is no doubt the latest and most argued issue in the political and fiscal history of Nigeria. Both political and non-political actors throw their weight, ideas and perception of what they presumed the concept of restructuring to mean. There are generally two basic methods or mode of restructuring in Nigeria; the conservative and the radical method of restructuring. The two methods are in agreement that there is fundamental defect in the Nigerian fiscal federal system because of the over-centralization of the federal system following decades of military rule with its central command structure, the lack of compliance or adherence to the constitutional provision of federal character and marginalization of certain geopolitical zone. The Nigerian Constitution vested the power to impose tax only on the National Assembly, and thereby making the State and Local Governments subject to the Federal government instead of coordinate. The United States has a decentralized tax administration with each federal, state, and local government having its own tax administration to collect the taxes it imposed. This decentralization gives each government maximum fiscal independence and control over the base and rates of its taxes. More so, in United States of America, the local governments have right to self-government both politically and fiscally, making them largely autonomous, able to administer their own local ordinances, regulations, license, tax and acquire debt. This study is aimed at critical examination of restructuring questions in Nigeria and possible lessons from the United States of America. The work adopted the doctrinal research methodology and data were gathered from both primary and secondary sources. The study discovered that the legal frameworks on restructuring in Nigeria are only in favor of centralization of fiscal powers. The study recommended that the Constitution of the Federal Republic of Nigeria 1999 (as amended) be further amended to grant fiscal autonomy to the State and the local governments, granting them powers to impose and administer, and collect taxes imposed.
Fiscal Federalism, Restructuring, Nigeria, USA
Jeremiah Ogona UKPAI; Ejike Francis OKAPHOR; Chinazor Queen UMEOBIKA
EXAMINING THE JUDICIAL ATTITUDE TO DATA PROTECTION IN NIGERIA
In recent times, the subject of data privacy and data protection has become widely topical in Nigeria particularly amongst legal practitioners leading to an array of seminars, conferences, as well as researches with a view to developing the jurisprudence on the subject matter. Unlike several of its western and a few of its African counterparts, Nigeria just had its first comprehensive data protection law which came into effect on 12th day of June 2023. However, before the Nigeria Data Protection Act (NDPA) came into force, the courts have played a role towards data protection or at least, towards privacy protection. This article enquires into the attitude of Nigerian courts towards data protection prior to the enactment of the NDPA 2023. The study employed a doctrinal methodology and an analytic approach in its discourse. The paper reviewed ten cases on data protection and privacy related matters and found that the attitude of the courts is mainly positive towards data protection in Nigeria. It recommended inter alia, the continued adoption of a human rights-based approach towards data protection matters.
Data Protection, Judicial Attitude, Case Law, Nigeria
LAW AND SOCIAL JUSTICE REVIEW, VOLUME 4 NO 3, 2023
RETHINKING THE DOCTRINE OF LIFTING THE VEIL OF INCORPORATION IN NIGERIA: MAKING A CASE FOR A STREAMLINED JUDICIAL APPROACH
Once a company is incorporated, it enjoys a legal personality that is distinct from that of its members. This invariably implies that those running the affairs of the company do not incur personal liability while doing so. The cloak of corporate personality bestowed on companies upon incorporation is one of the antecedents of registration. The doctrine of lifting the veil is an exception to the general rule of corporate personality. It is a creation of the English courts and came to fore in the old case of Salomon v. Salomon & Co. Ltd where the House of lords held the corporate legal personality of a company to be sacrosanct and the corporate veil not easily pierced. Prior to the case of Adams v. Cape Industries Plc, the English courts will readily lift the veil of incorporation at the slightest prompt. However, from Adams v. Cape Industries Plc, the English courts started devising well thought out rules that allow for the lifting of the corporate veil. In the case of Prest v. Petrodel Resources Ltd it became settled that the veil of incorporation will not be lifted for flimsy reasons, even if it is in the interest of justice, but for impropriety and evasion of legal obligation. The principle of corporate legal personality is well entrenched in the Nigerian legal system as same is provided for in section 42 of the Companies and Allied Matters Act 2020. Also, the doctrine of lifting the veil is well recognised in Nigeria as the courts will lift the veil in instances stated by the Legislature. However, the Nigerian courts’ approach in lifting the veil is not streamlined, unlike its English counterparts. This paper examines the doctrine of lifting the veil by the English and Nigerian courts. It traces the movement in the English courts to the present position and reveals the inconsistencies of the Nigerian courts in exercising the equitable power of the court to lift the veil by considering few cases particularly the case of Mariner Nominee Ltd v. Federal Board of Inland Revenue and Mezu v. Cooperative & Commerce Bank (Nig.) Ltd. This paper argues that the Nigerian courts, in most cases, fail to avert their minds to the trend in the English courts and the position in the locus classicus case of Salomon v. Salomon & Co. Ltd, and suggests that the clear rule in Prest v. Petrodel Resources Ltd or better still the earlier position by the Nigerian court in Mariner Nominee Ltd v. Federal Board of Inland Revenue be adopted in lifting the veil of incorporation in Nigeria.
Companies and Allied matters Act 2020, Corporate Personality, English and Nigerian Courts, Lifting the Veil.
EVALUATING THE LEGAL STATUS OF NEXT-OF-KIN UNDER NIGERIAN LAW OF SUCCESSION
This paper appraises the controversy surrounding the status of next of kin as a beneficiary under the Nigerian law of succession. The paper finds that contrary to the legal position of next-of-kin, the view that the common man widely holds is that an appointment of one as a next-of-kin automatically qualifies the person as a beneficiary of the estate of his appointer. The paper argues that unless entitled as an heir under customary law or appointed as a beneficiary under a will, a next-of-kin does not have an automatic right of inheritance. The paper employs a doctrinal methodology. The necessity of establishing the accuracy of the findings is the justification for maintaining that unless otherwise appointed a beneficiary under a will or on intestacy, a next-of-kin does not simpliciter have an automatic right of inheritance.
Next-of-kin, Succession, Nigeria, Beneficiary, Status
PROTECTION OF INTERNALLY DISPLACED CHILDREN IN NIGERIA: NEED FOR SHARED AND COLLECTIVE RESPONSIBILITY
Internal displacement is a global phenomenon that has recently attracted much publicity with little global attention. There is virtually no country in the world that has not experienced internal displacement of its citizens either as a result of natural or man-made disasters. However, Africa hosts over one-third of the global forced displacement with the greater number of victims being children. Unfortunately, since the detection of this worldwide menace, efforts made to address and arrest the situation remain insignificant in comparison with the rate of the displacement. The consequences of internal displacement on the life and development of the child are dire ranging from child mortality, sexual exploitation, health challenges and involvement in criminal activities amongst other which have a ripple effect on the larger society. To properly address this problem of displacement, the law has placed a responsibility on nation states to provide the necessary protection to the displaced child. This article, therefore, takes a journey into examining the laws relating to the protection of internally displaced children in Nigeria with a view to determining how this responsibility has been fulfilled. The doctrinal method of research was adopted based on primary and secondary sources. It was discovered that the undue concentration of the responsibility over IDCs on the national government is the major cause of the setback in achieving adequate protection for the internally displaced child. The article concluded that the problem of the internally displaced child is not necessarily the absence of laws but the inadequacy and lack of implementation of the extant laws. It is recommended inter alia that protection of internally displaced child should be the collective responsibility of the three tiers of government with clear delimitations of their powers in law and not policy.
Child, Internal displacement, Protection, Responsibility
AN EVALUATION OF THE STATUS OF COMPLIANCE OF TAX AUTHORITIES TO THE CONSTITUTIONAL RIGHTS OF TAXPAYERS
Tax payers have rights to property, fair hearing and many more rights. The global trends in tax administration and dispute resolution tilt to unquestionable recognition of these rights. In Nigeria, the Federal Inland Revenue Service (Establishment) Act, (FIRSEA), 2007, established the Tax Appeal Tribunal. However, what remains unsettled is whether, having regard to apparent defects in the provisions of the establishing legislation, the current Tax Appeal Tribunal has lived up to expectation in resolving tax disputes and protecting the taxpayers’ rights in Nigeria. This work has done a critical evaluation of tax adjudication in Nigeria and its impacts on the rights of tax payers. Our finding revealed that the provisions of sections 21 and 31 of the Act and sections 8 and 17(1) of the 5th Schedule to the FIRSEA have inbuilt hardship affecting the taxpayers rights as well as their propensity to pay tax. Consequently, it is recommended that these sections should be amended to enhance confidence of the taxpayers in the tax dispute adjudication system in Nigeria and bring tax dispute resolution mechanism to the same footing with the global standard, in terms of fairness and equity.
Taxpayers, Human Rights, Fair hearing, Tax Appeal Tribunal, Adjudication
ABORTION AND RIGHT TO FAMILY PLANNING UNDER INTERNATIONAL LAW: A CRITICAL APPRAISAL
Abortion is a procedure to end a pregnancy. It can be achieved by two different ways, that is, either by medical abortion or procedural abortion. Medical abortion entails the termination of pregnancy by the use of medicines, while procedural abortion means the termination of pregnancy through a procedure that is sometimes called surgical abortion. Abortion stands as a contentious matter that starkly divides leaders and policymakers, igniting intense political, religious, legal and philosophical debates. Despite its historical prevalence, numerous states opt to ban or criminalize abortion. One of the most controversial debates on this issue is whether or not women are entitled to abortion rights under human rights law because, lately, supporters of abortion have been pushing for the recognition of an international legal foundation for the right to abortion, urging countries to modify their laws to uphold this right. They have presented this argument in international treaty compliance committees, national constitutional courts, and legislatures, experiencing a mix of achievements and challenges in their efforts. This article sought to critically examine whether or not a right to abortion is guaranteed in public international law. As a result, many nations have altered their national legislation in order to make abortion legal so as to align with the notion that abortion is guaranteed in public international law. To address this inquiry, this article adopted doctrinal research methodology by scrutinizing the position of abortion based on the provisions of international legal instruments. The findings stem from a comprehensive analysis of the preparatory materials (travaux preparatoires), preambles, annexes, and reservations associated with international treaties, alongside documentation from international and regional treaty bodies. The study’s conclusion asserts the absence of an explicitly defined human right to abortion, nor is the right to family planning as, guaranteed in public international law, expansive enough to incorporate the right to abortion. It is suggested among other things that the United Nations treaty bodies should exercise precaution in advancing right to abortion as part of right to family planning.
Abortion, Family Planning, International Law
Ogugua, V.C. IKPEZE; Echeta Babington ONUH
RIGHT TO HEALTH’ AND UNIVERSAL HEALTH COVERAGE IN NIGERIA’S NATIONAL HEALTH INSURANCE AUTHORITY ACT 2022: THE CHALLENGE OF IMPLEMENTATION
The third Sustainable Development Goal (SDG 3) focuses on the provision of ‘Good Health and Well-being’, imposing an obligation on states to provide healthcare to citizens. From the first internationalised human right instrument: Universal Declaration of Human Rights (UDHR) 1948, ‘right to life’ has been seen as fundamental in any democracy. That right remains a mere declaration unless the proper accoutrements for its enjoyment are accessible. Global exertion has, as such, progressively refines the prerequisites for right life. The World Health Assembly has, in that vein, focused attention on making health a human right in itself, even though it is acknowledged to be expensive. To get around affordability and accessibility of health rights, the concept of ‘Universal Health Coverage’ (UHC) was formulated through the years. Nigeria’s journey towards achieving UHC, espoused since 1962, found expression in 2005/6, in the establishment of the National Health Insurance Scheme (NHIS, 2005), and in the formulation of the National Health Promotion Policy (NHPP, 2006). Also resulting from the efforts, the National Health Act, 2014 and several other regulations have been put in place, leading up to the recent National Health Insurance Authority Act (NHIAA, 2022). This paper, through a doctrinal approach and a focus on human rights theory traced the trajectory of Nigeria’s strides. Nigeria laws, though up-to-date, were found wanting due to corruption, lack of political will and unequal implementation. These factors limit the achievement of UHC in Nigeria. In view of the foregoing, the paper made recommendations which include maintaining a strict rule of law regime; as well as enabling citizens’ participation in implementation of laws and policies, among others. Mass education of the citizens on their rights; pro bono public interest litigation and other mass actions, were also recommended to bridge the gap on behalf of the indigent population.
Right to Health, Sustainable Development Goal 3, Universal Health Coverage, National Health Act 2014, National Health Insurance Authority Act 2022
Ozioma IZUORA; Elijah Oluwatoyin OKEBUKOLA,
MERGER: GOODBYE INVESTMENT AND SECURITIES ACT; WELCOME FEDERAL COMPETITION AND CONSUMER PROTECTION ACT
Merger is an important aspect of corporate law practice in Nigeria and other jurisdictions. Merger is generally referred to as the fusion of two or more companies or corporate entities into one. Before now in Nigeria, merger was governed by Investment and Securities Act (ISA) which was signed into law in 2007. However, a little after a decade, merger in Nigeria is now governed by Federal Competition and Consumer Protection Act (FCCPA) signed into law in 2018. While ISA had Securities and Exchange Commission (SEC) as its regulatory agency, FCCPA had Federal Commission and Consumer Protection Commission (FCCPC) as its administering agency. This paper examined merger under the new Act. It began with conceptual clarifications. The different types of mergers were adequately analysed. The categories and thresholds for mergers and more importantly the procedure for the different categories of merger were adequately covered. This research work highlighted the innovations, challenges and prospects of the new Act. A comparative approach was also adopted as merger in South Africa was appraised. There were findings in this work which include among others; merger leads to economic stability, it also leads to economic growth. Recommendations were also made, prominent was that corporate entities should not be in a hurry to merge or merge out of desperation. This paper in addition recommends merger in other sectors of the economy like airline companies in the aviation sector can merge to promote a more efficient service delivery.
Merger, Acquisition, Fusion, Business, ISA, FCCPA