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.
LAW AND SOCIAL JUSTICE REVIEW, VOL 6 NO 2, 2025
INCONGRUITY IN DEFINITIONS OF A CHILD: IMPLICATIONS FOR CRIMINAL RESPONSIBILITY IN NIGERIA
The recognition of children as holders of rights is now a settled principle, premised on the understanding that the inherent vulnerability of childhood demands sustained protection. As Jeremy Bentham observed, ‘everything must be done for an imperfect being, which as yet does nothing for itself.’ However, the possession of rights is inseparable from the notion of responsibility, including responsibility for conduct that infringes upon the rights of others. This article interrogates the legal conception of the child within the criminal justice system and examines how this conception influences the attribution of criminal responsibility. Employing a doctrinal research methodology, the study critically analyses relevant primary and secondary legal sources. The research is of practical significance to a wide range of stakeholders, particularly policymakers, judicial officers, and child-rights advocates involved in decisions affecting children. It recommends, inter alia, that the Child’s Rights Act (CRA) should expressly prescribe a minimum age of criminal responsibility to eliminate ambiguity surrounding the applicable age threshold for offences under the Act. Such reform would also harmonise the conflicting age provisions currently contained in the Criminal Code, the Penal Code, and the Administration of Criminal Justice Act (ACJA).
Child, Criminal Responsibility. Offences, Child Justice System, Nigeria
Chinazor Queen UMEOBIKA; Linda Amarachi OTI-ONYEMA
EXAMINING THE REGULATORY FRAMEWORK FOR DIGITAL CONVERGENCE IN NIGERIA
Since the complete liberalisation of the telecommunications sector in Nigeria in 2003, the industry has experienced steady growth in various aspects including increase in subscriber base, improved investment in telecommunications infrastructure, technological advancement in the quality and use of telecommunications products and services, among others. With these advancements also come regulatory gaps as developments in the industry move faster than the regulations therein. For instance, the concept of digital convergence was alien to the Nigerian telecommunications ecosystem in 2003 when the Nigerian Communications Act was passed and as such its regulatory scope did not factor in convergence. The nation celebrated the then newly found breakthrough of using mobile devises to make and receive phone calls and exchange text messages with 2G network which was the best available at that time. But with increase in technological advancement in the sector and the advent of 3G, 4G and even 5G network, mobile telephone devices can now do much more than just make and receive calls and text messages. In addition, with mobile devices consumers can now watch TV programmes, listen to radio contents, surf the internet and more. These are activities not contemplated within the extant broadcasting and even information technology legal framework. It is against this background that this research undertakes the examination of the legal and regulatory framework for the governance of digital convergence in Nigeria. Doctrinal research methodology was adopted because the work entails critical analysis of the extant legislations relating to the subject. The research found that there exists no legal or regulatory framework for the regulation of digital convergence in Nigeria. It, therefore, recommended that the National Assembly should pass a law for the regulation of digital convergence in Nigeria.
Digital Convergence, Regulatory Framework, Telecommunications, Nigeria
RE-VISITING POLICE ACCOUNTABILITY IN NIGERIA: BRIDGING THE GAP BETWEEN LAW AND PRACTICE
This paper critically examined the persistence of police brutality in Nigeria in spite of judicial and statutory measures in place. It focused on the impact and consequences of police accountability, with particular reference to the violation of human rights, torture, and extrajudicial killings, and also the implications of extracting confessional statement of a defendant, under duress, as against the required standard. This paper equally examined the legal architecture, institutional challenges, and socio-political factors that hamper compliance with the role of oversight duties of the police services commission, which is also required for capacity building and reforms. This paper adopted a doctrinal approach. The study found that activities of the Nigerian Police associated with Police brutalities are unlawful detention, extortion, excessive use of force, noncompliance with Force Order 237, Corruption, investigation, and extrajudicial killings. This work recommended that police authorities should always organize workshops, particularly for the Junior Officers, with other sister agencies in conjunction with the National Human Rights Commission and other International Bodies, such as the UNODC, FEDA, Red Cross Societies, Ministry of Justice and NAPTIP, and during which the officers shall be trained on global related issues of fundamental human rights, of citizens in Nigeria. Bridging the gap between law and practice will restore public confidence in the police.
Police Accountability, Bridging the Gap, Law and Practice, Nigeria
CONDUCT OF ELECTIONS AND THE POWERS OF INDEPENDENT NATIONAL ELECTORAL COMMISSION TO REVIEW ELECTIONS IN NIGERIA
This study examined the conduct of elections in Nigeria and Independent National Electoral Commission (INEC)’s power of review under the law. The paper identified the legal procedure of the conduct of elections in Nigeria and to identify the powers of INEC to review the conduct of elections and to recommend ways of effective elections processes in Nigeria. The article adopted doctrinal method of research where primary and secondary sources of laws were relied on. The article found out that the conduct of elections in Nigeria is marred by a lot challenges, regularities and voter apathy. It also found out that INEC performance in monitoring and review of elections is not satisfactory which required more efforts and reforms. This article recommended the need to, clarify and expand INEC’s statutory powers, enhance institutional independence and funding, strengthen judicial oversight and collaboration and intensify voter and stakeholder education. In conclusion, understanding the legal frameworks governing the electioneering process and INEC’s powers in Nigeria is vital to strengthening democratic governance and ensuring credible elections.
Elections, INEC Powers, Voters Registration, Voting Process, Campaign Funding, Nigeria
AN APPRAISAL OF AFRICAN UNION’S LEGAL REGIME FOR THE MAINTENANCE OF AFRICAN REGIONAL SECURITY AND SOCIO-POLITICAL STABILITY: THE SUDANESE CONFLICT IN PERSPECTIVE
African Union (AU) is a Regional International Organization whose membership comprises of independent sovereign countries of Africa. Many African countries are currently grappling with internal armed conflicts, trans-border security challenges and political instability which has left Africa in the worst humanitarian condition globally. The Constitutive Act of the AU and other instruments were enacted inte alia, to facilitate the promotion of peace, security and stability in Africa. This is in recognition of the impacts of the scourge of conflicts which constitutes a formidable social malady that is crippling economic development and political stability in the continent. The pertinent question here is: to what extent has the AU achieved its cardinal mandate of preserving security and stability in Africa as to justify its essence and relevance? This research will highlight AU’s legal and institutional framework for the promotion of peace and security. It will also examine AU’s capacity to curtail the surge of conflicts and instability in Africa based on its paradigm and approach to the management of the recent Sudanese conflict that erupted in 2023. This work will be relevant to AU’s organs, institutions and agencies, African Sub-regional Organizations, governments and political leaders of AU countries, non-African International Organizations, humanitarian agencies, diplomats, political and public affair analysts, scholars, researchers and the general public as it will disclose some major impediments to AU’s conflicts control capacity and will prescribe pragmatic measures that if adopted, will galvanize and consolidate AU’s potentiality for the maintenance of security and regional stability. Doctrinal research approach is adopted here comprising of primary and secondary sources of relevant materials including the Constitutive Act of the AU, newspaper publications, journal articles and other material publications from the internet source. It is recommended that the African Standby Force (ASF) must be adequately equipped and mobilized for prompt, strategic and effective interventions to restore order and stability in the emergence of war or armed conflicts in any part of Africa.
African Union, Legal Regime, Maintenance, Regional Security, Political Stability, Sudanese Conflict
A COMPARATIVE ANALYSIS OF CUSTOMARY LAW AND SHARIA LAW IN NIGERIA
Customary Law and Sharia (Islamic Law) are two prominent non-Western legal systems operating within many African jurisdictions, particularly Nigeria. Customary Law is derived from the traditions and practices of indigenous communities, while Sharia Law is rooted in divine revelation as contained in the Qur’an and Hadith. Although both systems emphasise morality, social order, and justice, they differ markedly in their sources, structure, and modes of application. This article adopts a doctrinal research methodology, relying on constitutional provisions, statutes, judicial decisions, and scholarly writings. Using comparative legal analysis, it examines the conceptual foundations, sources, enforcement mechanisms, and contemporary relevance of Customary Law and Sharia Law within Nigeria’s plural legal framework. The article finds that while both systems aim at justice and communal harmony, Customary Law is flexible and evolves through social practice, whereas Sharia Law is grounded in divine norms and exhibits limited adaptability. It recommends harmonisation approaches that respect both systems while ensuring conformity with constitutional and international human rights standards, thereby strengthening legal pluralism in Nigeria.
Customary Law, Islamic Law, Sharia Law, Nigeria
Ipoola Aderemi BINUYO; Adeyemi OLUWADAMILARE
INTERNATIONAL LEGAL FRAMEWORK FOR THE DECIMATION OF JUDICIAL CORRUPTION AND PROMOTION OF GOOD GOVERNANCE IN NIGERIA
Corruption being a global phenomenon has allegedly intruded and threatened every sphere of human endeavour particularly economic, political, social and educational phases. The adverse impacts are not only nationally felt, but globally acknowledged. The technical network built in the course of perpetrating the crime connects individuals and organisations residing and located in different jurisdictions across the globe. This makes the network of corrupt practices seamlessly multi-continental. Transnational nature of the graft drew the attention of international and regional institutions such as the United Nation, the African Union and Economic Community of West Africa States to enact conventions and protocols tailored in that direction to tackle the challenge. This paper appraised international legal framework for the decimation of judicial corruption and promotion of good governance. Qualitative research design was adopted using doctrinal approach. Primary data employed included international conventions and protocols and statutes while secondary data relied on included text books, journal articles, case laws, newspapers and online materials which are subject to content analysis. The study found that corruption is a global phenomenon that has permeated all spheres of human engagements judiciary inclusive. Enactment of international conventions and protocols is a global provision to curb corrupt practices. This encouraged member states to establish national anti-corruption agencies and commissions and also strengthened existing legislation on anti-corruption of member states. It was concluded that regardless of the effectiveness and usefulness of the conventions they are limited in application on account of lack of political will in application of some of their provisions, conflict of the conventions with local laws, non-enforcement of judgments and order of the Court are some of the limitations. It is recommended that enforcement mechanisms of decisions of regional Courts be strengthened by member states to give no respite and haven for corrupt officials by member states.
Good Governance, International Organizations, Judicial Corruption, Decimation, Nigeria
CONSTITUTIONAL AND THE INSTITUTIONAL FRAMEWORKS AS THE INSTRUMENTS FOR COMBATING CORRUPTION IN NIGERIA
This study examined the constitutional and institutional framework for anti-corruption crusade in the various public service sectors of the Federal Republic of Nigeria. It highlighted the major issues and challenges bedeviling the nation from the angle of corrupt practices, in Nigeria. The constant interference in the roles of these anti-corruption agencies which more often than not undermine the capacity and capability of carrying out their statutory functions independently is another factor that militates against the effective and efficient performance of some of these anti-corruption agencies. Likewise lack of fund also is another factor that hinders the agencies involved here in performing their assigned statutory roles as required under the law. In-spite of all the efforts to curb corruption in the nation, Nigeria is still way behind in achieving this objective as corruption which is a menace to any nation is still lingering in the nation, thus causing great mere herm to various essential sectors of the economy of the country. On the side of the agencies in-charge of combating corruption, they leave much to be desired in that regard because corruption keeps eating deep into the fabrics of the nation. Regrettably, it seems that little or nothing can stop it. This work recommended that adequate funding of the various anti-corruption institutions, citizens active participation in the political processes of the nations and the independence of these institutions in carrying out their statutorily slated assignment in combating corruption without interference with one another will go a long way in curbing the menace in our nation.
Constitutional, Institutional, Combating Corruption, Nigeria 1.
TECHNOLOGY REGULATION IN NATIONAL AND INTERNATIONAL CONTEXTS: NORMATIVE FRAMEWORKS AND EMERGING TRENDS
Digital technology's explosive growth has changed social interactions, governance frameworks, and economic systems while also revealing normative ambiguities and regulatory gaps at the national and global levels. The regulatory frameworks controlling technology are critically examined in this paper, with an emphasis on the changing interactions between national legal systems and global governance mechanisms. It investigates how governments, regional organisations, and international organisations address issues brought about by cutting-edge technology like cybersecurity tools, digital platforms, artificial intelligence, big data analytics, and transnational data flows. The quantitative research methodology was adopted for this paper. Specifically, the paper used the doctrinal research design which focuses on the provisions of the law instead of its application. Data collected was analysed through the analytical approach. The study examined the degree to which current normative frameworks are sufficient to protect fundamental rights, guarantee accountability, foster innovation, and uphold global equity in the digital ecosystem, and policy review. Additionally, this study discovered that the regulation of technology plays a crucial role in enhancing responsible innovation, safeguarding the interests of the people and ensuring sustainable growth in an increasingly digitalised and globalised world. The paper concluded that there is an increasingly interconnected digital world, consistent, harmonised, and forward-looking regulatory regimes which is crucial for bridging the gap between technical innovation and normative protection.
Artificial intelligence, Digital technology, Technology regulation, Data privacy, Cybersecurity
Chinaka Emmanuel EMMANUEL; Oluwakemi Eunice ALOFE
NAVIGATING THE ADVERTISING INDUSTRY STANDARDS IN NIGERIA AS A CONSUMER’S SHIELD
One of the key aspects of any business is creating awareness about its product or service to its target audience and advertising as a form of communication, has been widely employed by businesses to communicate their product’s existence and its offerings. With the increasing blur between traditional and digital media advertising, changing market and evolving consumer behaviours and needs, the drive to regulate the advertising space in Nigeria could be attributed to several factors including, the need to curb the display of unvetted advertisements which are often misleading, harmful or offensive; protect consumer’s welfare; and overall, develop a robust regulatory framework for advertising and advertising business in Nigeria. Findings show that the Advertising Regulatory Council of Nigeria Act 2022, which is the apex law regulating the practice and business of advertising in Nigeria aims to establish these possibilities. However, some of the provisions of the ARCON Act such as, the requirement to vet all advertisements on both traditional and digital platforms before publication, the imposition of penalties on defaulters, as well as the alleged unconstitutionality of some of the provisions of the ARCON Act has been the subject of neck-breaking criticism by industry players. This paper which is doctrinal, concludes that the ARCON Act, 2022 represents a significant shift in the Nigeria advertising landscape. The ARCON Act strikes a balance between prioritizing consumer’s welfare and fostering a thriving advertising industry in Nigeria. However, it is recommended amongst others, that ARCON should invest in digital technologies that will aid and/or ensure proactive monitoring of all offline and online platforms for non-compliant advertisements in real-time. ARCON should also employ technology for faster vetting of submitted advertisement materials and monitoring to keep pace with digital advertising as this will reduce delays in approval of applications for publications and encourage innovation and creativity.
Advertising, Consumer Welfare, Regulatory Framework, Nigeria
An award given in an arbitration proceeding is in par with the judgment of the court. Parties who went to arbitration as a mechanism for the dispute resolution expect that the award when made shall be complied with and shall bring the dispute to its finality. However, when the arbitral award fails to meet the fair expectation of a party or parties, the remedy available to them is to challenge or question the arbitral award. The party who intends to challenge an award is at liberty to take steps against the arbitral award and can do so either by applying to the high court for setting aside of an award. Under the repealed Act (Arbitration and Conciliation Act), it provides for the court to set aside an award on the grounds of misconduct of an arbitrator or error on the face of the award, however the New Innovation of the Arbitration and Mediation Act, by virtue of Section 55(3) of the Act provides for grounds to recourse to a court against an arbitral Award. Furthermore, the New Act also affixed a time within which the application for setting aside an award could be made. The aim of this work is to unearth and explore the key innovation of impeachment of domestic arbitral award under the new Arbitration and Mediation Act of 2023. Doctrinal method of research which includes the use of primary sources, secondary sources and internet resources are employed in the course of this research. This paper recommends that the new Act should be amended to provide for misconduct and error of law to be listed as grounds for impeachment under the Act as it will curb substantial injustice to an applicant faced with such issue and preserve the integrity of the finality of an arbitral award.
Arbitration, Mediation, Award, Impeachment
Chioma Vivian OKPALANGWU; Ifeoma B. OKOYE; Sylvia Oluanyichukwu AHANEKU
CUSTOMARY LAW: THE FORGOTTEN SOURCE OF LAW IN NIGERIAN JURISPRUDENCE?
From prehistoric times up till the present, laws have been in place to regulate the affairs of people in a community and resolve their differences as well as to establish law and order. There are four major sources of law in Nigeria: Statutes, Judicial decisions, Received English Law and Customary Law. It however appears that amongst the above, customary law has the least recognition and application. Why exactly this is so is the question that actuated this research. This article was carried out using the doctrinal methodology involving the analysis of relevant texts, case law, statutes and other legal literature. It found that customary law at the present time lacks strong recognition and application and this is quite unfortunate because it is actually the most organic and least complex of the four afore-mentioned sources. It is also the only source of law which the indigenous peoples can truly call their own. Consequently, this paper suggests, inter alia, that customary law can be systematically given a pride of place by being codified or where it has been already codified, frequently revising or amending same to reflect the extant aspirations of the people bound by it. It is hoped and expected that the resuscitation of same will enrich the Nigerian jurisprudence and help in entrenching a stronger, more dynamic and more virile legal system with all the accompanying benefits.
Customary Law, Custom, Law, Recognition, Applicability
Daniel Chidike NWUZOR; Chidebe Matthew NWANKWO
EXPLORING THE ACCOUNTABILITY MEASURES FOR HUMAN RIGHTS VIOLATIONS BY THE NIGERIAN SECURITY FORCES IN INTERNAL SECURITY OPERATIONS
The lack of effective accountability measures for human rights violations in Nigeria especially with regards to the Nigerian security personnel that violate the human rights of the people and perpetuate crimes during their internal security operations (ISOPs) is greatly disturbing. The question as to how we can hold these security personnel accountable for the recurring phenomenon of human rights violations and crimes is yet unanswered? This paper thus, explored the available accountability measures and exposed whose responsibility it is to ensure effective enforcement of the accountability measures. The study found that the weak system of democratic civil control of the security forces in Nigeria constitute the major clog that hindered accountability for the recurring phenomenon of human rights violations and crimes by the Nigerian security forces in internal security operations. The research recommended that Nigerian government should developed a system of democratic civil control of the security forces in Nigeria which would establish clear oversight and disciplinary mechanisms, enact a domestic legislation that will serve as a legally binding Rules of Engagement of the Nigerian security forces in ISOPs in Nigeria stipulating strict accountability measures, stiffer penalties for these abuses and justice for all human rights violations and other crimes by the Nigerian security forces in their internal security operations.
Human Rights Violations, Accountability Measures, Nigerian Security Forces, Internal Security Operations
NIGERIAN ENVIRONMENTAL JUSTICE ON TRIAL: A RE-EXAMINATION OF THE ENGLISH HIGH COURT’S DECISION IN BILLE & OGALE COMMUNITIES V SPDC
The 2025 decision of the English High Court in Bille & Ogale Communities v Shell Plc & Shell Petroleum Development Company (SPDC) placed Nigerian environmental justice under renewed judicial scrutiny through the application of Nigerian law. The judgment raises critical questions concerning the horizontal enforceability of constitutional and Charter-based human rights, the justiciability of environmental harm, and corporate accountability for large-scale environmental degradation. This article critically examines the Court’s conclusions that the right to life under section 33 of the Constitution of the Federal Republic of Nigeria 1999 and rights under the African Charter on Human and Peoples’ Rights are not enforceable against private corporations, and that environmental pollution such as oil spills does not engage constitutionally protected rights. While acknowledging the constraints inherent in the application of foreign law through expert evidence, the article argues that the decision adopts an unduly narrow and formalistic interpretation of Nigerian constitutional and human rights jurisprudence. It contends that section 46 of the Constitution supports the horizontal enforcement of Chapter IV rights and that neither the text nor the purpose of section 33 limits its application to state actors, particularly where non-state conduct poses a direct threat to life. The article further challenges the Court’s reliance on Opara v SPDC, arguing that recent Supreme Court and appellate authorities, most notably Centre for Oil Pollution Watch v NNPC and Mobil Producing Nigeria Unlimited v Ajanaku, signal a jurisprudential shift towards recognising serious environmental harm as capable of engaging enforceable fundamental rights. It concludes that Bille & Ogale risks misrepresenting the current trajectory of Nigerian environmental and constitutional law.
Ratio Decidendi, Obiter Dictum, Environmental Right, Horizontal Application of Rights, Justiciability
Udenna Michael CHUKWULOBE; Ken NWOGU; Nwamaka Adaora IGUH
ANALYSIS OF THE LAWS AND INSTITUTIONS REGULATING ELECTORAL PROCESS IN NIGERIA
This paper examined the various laws and institutions regulating elections process in Nigeria. The study sought to find out the laws and institution regulating electioneering and elections process in Nigeria and to recommend appropriate measures that will be put in place to strengthen the effective of elections process in Nigeria. The article adopted doctrinal research method, where primary and secondary sources were relied upon to arrive at the recommendation and the way forward for the laws and institutions in Nigeria electioneering process. The article found out that there is a need for a review of some of the laws, rules and regulations regulating elections process in Nigeria. It further found out that there is a need for expansion of some of the functions of the institutions that are involve in electioneering in Nigeria. The article recommended the need to strengthen the Independence and Capacity of the Independent National Electoral Commission, reforming and enforcing electoral laws, enhancing Judicial Efficiency and Civic Education to better elections process in Nigeria.
Laws, Institutions, Elections, Process, Regulations, Nigeria
ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR COMBATING CYBERCRIMES IN NIGERIA
This paper examines the challenges and prospects of the prosecution of cybercrimes in Nigeria from a procedural perspective. It interrogates the extent to which existing procedural laws facilitate or frustrate the effective prosecution of cyber offences. The study argues that while Nigeria possesses a relatively comprehensive substantive legal framework through the Cybercrimes Act 2015, procedural inefficiencies, evidential weaknesses, and institutional fragmentation undermine effective enforcement. The analysis proceeds on the premise that improving procedural rules, rather than merely amending substantive provisions, is essential to achieving credible and efficient prosecutions. The study adopts a doctrinal approach, relying on statutory analysis, case law, judicial pronouncements, and secondary literature. It also draws comparative insights from the United Kingdom, the United States, and South Africa, jurisdictions that have developed sophisticated procedural responses to digital crime. The purpose is to highlight Nigeria’s procedural deficits and also identify models that could be adapted to the local context.
Legal and Institutional Frameworks, Cybercrimes, Combating, Analysis, Nigeria
Samuel Tolu Olumide; Ibrahim Hassan UMAR
AN EXAMINATION OF THE CHALLENGES AND PROSPECTS FOR THE ENFORCEMENT OF HUMAN RIGHTS IN NIGERIA
This article titled Challenges and Prospects of the enforcement of human rights in Nigeria revealed that despite the constitutional provisions that guarantees enforcement of human rights there are some limitations and challenges that may affect the enforcement. Human Rights abuses or violations are a menace. Humanity everywhere in the world has faced this problem despite efforts by government of the various Nation States across the world to find a solution to this problem. The need for extra protection of Human Rights has become increasingly necessary in Nigeria today. To ensure the control and eradication of Human Rights abuses or violation, the country has established various legal and institutional frameworks for the Protection and Enforcement of Human Rights in the Country. Fundamental rights are only an aspect of Human Rights which have been recognized and entrenched in the constitution. The rights are provided to enhance human dignity and liberty of every individual in a modern state. The article was purely doctrinal. Thus, most of the work was done in the library by reading such materials as text books, journals, newspapers and magazines, statutes and cases which are relevant and in line with the current development of law with the topic under discussion. Information for this article was also obtained from the internet. Information obtained from this source was carefully analysed to meet the objectives of this work. Other works have limited themselves to literature on Human rights especially in the area of civil and political rights violations. The article has recommended for certain provisions of the constitution of the Federal Republic of Nigeria as well as the African Charter on Human and Peoples Rights, the Fundamental Enforcement Rules 2009 and the Child Right Acts 2003 for a better enforcement and prosecution of the fundamental human rights in Nigeria. The article in conclusion made some recommendations among others such as the amendment of the Fundamental Rights Enforcement Rules 2009 to accommodate service on public holidays and Sundays, the granting of independence of the Judiciary in terms of financial autonomy both of the Federal and State levels and the need to make provisions in the charter for the mode of procedure for the enforcement of Fundamental Human Rights cases coming under the charter which if applied or implemented will in no small measure help in addressing the challenges as stated above in which the article has done.
Human Rights, Protection and Enforcement, Legal and Institutional Framework
AN ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR EARLY WARNING AND EARLY RESPONSE IN NIGERIA
This article titled An Analysis of the Legal and Institutional Frameworks for Early Warning and Early Response in Nigeria. This article examined how Nigeria’s legal and institutional frameworks support or fail to support the use of technology in Early Warning and Early Response (EWER) systems. Although the 1999 Constitution places the security and welfare of the people at the centre of governance, Nigeria still operates without a unified national law that clearly defines early-warning obligations, mandates inter-agency coordination, or regulates the use of digital tools for conflict prevention. As a result, many violent conflicts that could have been prevented continue to escalate due to weak coordination, fragmented institutional roles, delayed response, and limited technological integration. Using a doctrinal research method, the article analysed the Constitution, statutes, executive instruments, regional obligations under ECOWAS and the African Union, as well as judicial decisions that shape Nigeria’s preventive governance landscape. It also reviewed the current use of digital technologies such as GIS, satellite data, predictive analytics, mobile platforms, and crowdsourced reporting in existing EWER initiatives led by government agencies, civil society organisations, and community networks. The article found that while several institutions collect early-warning information, the absence of a statutory framework means that information flow is inconsistent, technology systems are not interoperable, and no agency is legally required to act promptly on warning signs. The article argued that effective early warning must be backed by law, supported by technology, and anchored in an institutional culture of accountability. It concludes that Nigeria requires a comprehensive National Early Warning and Early Response Act to harmonise mandates, guide the ethical use of digital tools, strengthen institutional collaboration, and create enforceable duties for timely response. Such a framework will enable Nigeria to move from reactive crisis management to proactive, technology-driven preventive governance capable of protecting lives and promoting national stability.
Early Warning and Early Response, Technology, Preventive Governance, Legal and Institutional Frameworks, Human Security, Nigeria
EXAMINATION OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR CHILD PROTECTION UNDER THE NIGERIAN LAW
This article titled Examination of the legal and institutional frameworks of child protection under the Nigeria corpus juris, examines how armed conflicts in Nigeria have produced devastating humanitarian consequences, with children emerging as the most severely affected victims. From the Boko Haram insurgency in the North-East to farmer/herder clashes and communal violence across the Middle Belt, children suffered recruitment, abduction, sexual violence, displacement, and denial of education. These recurring violations underscored the need to examine the adequacy and effectiveness of Nigeria’s legal and institutional framework for child protection during armed conflicts. This study examined the legal regime for the protection of children during armed conflicts in Nigeria with the objective of assessing the extent to which domestic laws and institutions complied with international humanitarian and human rights standards. The specific objectives were to identify the relevant legal and institutional frameworks; evaluate the performance of enforcement mechanisms; analyse existing challenges; and propose reforms for more effective protection. The article adopted a doctrinal and analytical methodology, relying on primary sources such as statutes, judicial decisions, and international treaties, as well as secondary materials including scholarly writings and policy documents. It was anchored on natural law, human rights, and institutional theories, which provided the moral and structural foundations for the protection of children in situations of armed conflict. The study found that although Nigeria possessed an elaborate normative framework, institutions like NAPTIP, NEMA, and the NHRC made progress in specific areas, but poor coordination, underfunding, and political interference limited their effectiveness. The study revealed that contradictions between the Child Rights Act and Penal Code, as well as cultural practices like early marriage and child labour, undermined the realisation of children’s rights. The study recommended the harmonisation of all child-related statutes into a unified Child Protection and Welfare Act; the strengthening of Family Courts; the institutionalisation of inter-agency coordination; and the integration of community-based mechanisms and international partnerships to enhance protection and rehabilitation. The study contributed to knowledge by providing a systematic appraisal of child protection laws in conflict situations; bridging the gap between international obligations and domestic enforcement;1 proposing an integrated coordination model; and expanding legal scholarship on child rights within Nigeria’s humanitarian context.
Child, Protection, Armed Conflict, Human Rights, Violence
Felicity Utange HEMBAFAN; Magdalyne Mbadzendan DURA
CHALLENGES AND PROSPECTS IN RESOLVING EMPLOYMENT DISPUTES IN NIGERIA’S PUBLIC SECTOR THROUGH MEDIATION
Employment disputes in Nigeria’s public sector have become increasingly frequent and disruptive, particularly within strategic sectors such as health and education. Disputes involving unions like the Nigerian Association of Resident Doctors (NARD) and the Academic Staff Union of Universities (ASUU) have demonstrated the persistent breakdown of negotiation processes and the weakness of existing dispute resolution mechanisms. While mediation is recognised in Nigeria’s labour law framework as an alternative to litigation, its practical application in public sector employment disputes remains limited, fragile and largely ineffective. This article critically examines the challenges inhibiting the effective use of mediation in resolving public sector employment disputes in Nigeria. The analysis identifies systemic gaps in the Trade Disputes Act and related institutional structures, including the absence of enforceable post-mediation settlement mechanisms, insufficient mediator expertise in labour relations, political interference, resource constraints and low stakeholder confidence. Drawing on comparative lessons from jurisdictions where mediation is formally institutionalized such as the Federal Mediation and Conciliation Service in the United States, the Advisory, Conciliation and Arbitration Service in the United Kingdom and the Commission for Conciliation, Mediation and Arbitration in South Africa,the article argues that mediation remains a viable and highly beneficial mechanism for promoting industrial peace in Nigeria. The paper concludes that mediation can only be effective if supported by statutory reform to ensure enforceability of agreements, establishment of an autonomous mediation agency, and structured capacity building for mediators and labour relations actors.
Mediation, Employment Disputes, Public Sector, Labour Relations, Enforcement
Nancy NZOM; Maxwell M. GIDADO; Suleiman NCHI
EXAMINATION OF THE LEGAL FRAMEWORK FOR COMPETITION AND CONSUMER PROTECTION IN NIGERIA
Markets have been in existence all over the world for centuries as points of exchange for value. They represent a platform where the invisible hand can draw and design while humans 'look on'. Markets involve goods (and services) and those goods come from an antecedent process- production or manufacture by a firm. The firm is an important unit of economic analysis, in the sense that it supplies goods to individuals and the individuals in turn supply it with labour.1 A market is an indispensable part of the economy but one that cannot be allowed to function without the appropriate amount and form of regulation by the Government. The theory of government intervention is premised on the idea that there is need to regulate the market by a party for efficiency and oversight, since, if the market is left unchecked. the consumers will not be adequately protected.2 This study examines the attendant issues.
Competition, Consumer Protection, Legal Framework, Nigeria
EXAMINING THE IMPACT OF MIGRATION IN SUB-SAHARA AFRICA: A CASE STUDY OF NIGERIA
The movement of human population across the globe is not a recent phenomenon. This movement can be from a place of residence to another, and could be within the same country or across borders. This is migration. Migration could be long term or permanent. It inherently affects the population and other diverse factors both from country of emigration and immigration. What factors spur migration? If the driving factors were addressed, could migration ever stop? What impact does migration have on both sides of the divide? What measures have Sub-Sahara Africa taken to stem the tide of migration? This work principally aims to assess the impact of migration on the Sub-Sahara African Sub-Region irrespective its legality or otherwise. The work found that migration of any sort impacted immensely on both home country and receiving country at varying degrees. However, since migration cannot be completely stopped, it is emphasized that international framework be streamlined and adopted in dealing with migrants.
Migration, Climate, Impact, Policy, Sub-Saharan Africa, Nigeria
C. I. N. EMELIE; A. U. ABONYI; M A EWUZIE; Izuchukwu Obiefuna AKWAZIE
CONSTITUTIONALISM AND GOOD GOVERNANCE IN NIGERIA: STEPS FOR EFFECTIVE APPLICATION
Nigeria's constitutionalism and its translation to good governance are more theoretical than practical. Several government policies evidently run against the tenets of rule of law, due process and public accountability in governance. Despite flowery constitutional provisions espousing democracy and accountability, Nigeria continues to struggle with a low adherence to the rule of law. The country faces significant challenges in achieving true constitutionalism and good governance due to corruption, institutional weakness, human rights violations, etc. This paper employed doctrinal methodology to evaluate the effectiveness of constitutional framework in promoting good governance. The paper found that there is an inseparable connection between constitutionalism and good governance while rule of law is respected. Strong adherence to rule of law is recommended thereto fostering sustainable development through genuine constitutionalism. The paper however will be a basis for further studies for strengthening government institutions.
Constitutionalism, Policies, Good Governance, Nigeria
Ogugua V. C. IKPEZE; Jude Tobechukwu OKORO
THE INTERSECTION OF LABOUR LAW, CORPORATE GOVERNANCE AND THE SEXUAL AND REPRODUCTIVE RIGHTS OF WORKING-CLASS WOMEN IN NIGERIA
This article analyses the intersection of labour law, corporate governance and the sexual and reproductive health and rights (SRHR) of working-class women in Nigeria. Statutory labour safeguards, particularly those outlined in the Labour Act, establish a fundamental baseline for maternity protection; nonetheless, they are constrained in terms of duration, scope, and enforcement. The corporate governance frameworks in Nigeria, particularly the Nigerian Code of Corporate Governance, advocate for board diversity; nevertheless, they do not mandate the incorporation of sexual and reproductive health and rights (SRHR) into business policy, risk management, or environmental, social, and governance (ESG) reporting. Using the doctrinal approach, judicial decisions and governance codes, and drawing on comparative international instruments (ILO Conventions, CEDAW, and the Maputo Protocol), the article demonstrates how corporate governance can and should complement labour law to protect SRHR. The article incorporates Nigerian case law from the National Industrial Court that addresses pregnancy, maternity and sexual harassment at work. This article concludes that labour law and corporate governance can intersect to protect the SRHR of working-class women in Nigeria. This article recommends a combined approach i.e. labour law reform and corporate governance reform so that active stakeholder engagement will deliver improved SRHR outcomes, workplace equality and societal benefit.
Corporate Governance, Labour Law, Sexual and Reproductive Rights, Nigeria
Ayoyemi LAWAL-AROWOLO; Veronica EKUNDAYO; Adeyemi OLUWADAMILARE
EXAMINING THE CONDITIONS OF WOMEN’S RIGHTS UNDER THE NIGERIAN CRIMINAL JUSTICE SYSTEM
This paper looked at the treatment and the conditions of women’s rights under the criminal justice system in Nigeria and the issues arising within the context. In criminal justice administration, it is an established legal standard that the principles of rule law, due process, legal equality and equity must be adhered to by all the institutions and machineries involved. However, as exposed in this paper, the treatment and conditions of women under the criminal justice system in Nigeria and the world at large show that women are been discriminated under the criminal justice system as a result of gender bias and gender inequality of our culture that is rooted in patriarchy. These discriminations come in the form abuses, deprivations and rights violations. Findings showed that the women’s rights violations under the administration of criminal justice system in Nigeria have often been occasioned by the existence of the systemic legal, economic, political, social, cultural disparities and gender inequalities. In the face of the heightened gender disparities against women under the criminal justice system administration in Nigeria, this paper generally recommended for a proactive gender-balanced reforms to eradicate the disclosed disparities and inequalities affecting women’s rights in the administration of Criminal Justice in Nigeria.
Women’s Rights, Criminal Justice System, Nigeria, Condition
APPRAISAL OF THE IMPACT OF CUSTOMARY LAW ON THE RIGHTS OF WOMEN AND GIRL CHILDREN IN NIGERIA
Customary law is an important source of law in Nigeria because it regulates the lives of over half of Nigerians particularly on matters concerning marriage, property, and inheritance. While its role in maintaining social order and cultural identity within communities is undeniable, its despicable perpetuation of harmful practices against women and girls over the years and across cultures cannot be tolerated. Drawing on previous studies and analyses of relevant laws and decided cases on the subject, this paper deliberates the interplay between customary law and the rights of women and girls in Nigeria, while focusing on specific cases and citing examples of women's rights violations under different customary laws in the country. The paper found that notwithstanding its valuable role in maintaining social order and cultural identity in communities, customary law has become a discriminatory breeding ground for violations against the rights of women in all parts of Nigeria. From discriminatory inheritance practices to child marriage and lack of access to education, the shadows of tradition often obscure the light of gender equality. Although over the years Government and other stakeholders at all levels have attempted different strategies (legislative, judicial, and administrative) to eliminate harmful customary norms against women and girls; these practices still persist. Therefore, to effectively tackle the ongoing struggle for gender equality amidst the tension between tradition and human rights, the paper recommended a multifaceted approach requiring a combination of legislative reform, cultural sensitivity, community engagement, access to justice, and women empowerment.
Customary Law, Women and Girl Children, Human Rights, Discrimination, Violations, Nigeria
Halima DOMA-KUTIGI; Emike Jessica IMUEKEMHE
APPLICATION OF THE PRINCIPLES OF FAIR HEARING IN ADMINISTRATIVE (DISCIPLINARY) PROCEEDINGS IN NIGERIA: SCOPE AND LIMITATIONS
The principles of fair hearing stand out as fundamental human rights. This is why it finds expression in section 36 of the Constitution of the Federal Republic of Nigeria. This paper considers and examines the scope and limitations of the application of the principles of fair hearing in administrative (disciplinary) proceedings in Nigeria. The paper holds the view that administrative disciplinary tribunals/panels/bodies are compulsorily bound by the principles of fair hearing, as most of their functions affect the rights and obligations of individuals appearing before them. This is, however, subject to certain limitations provided for by the law. In achieving this purpose, the paper adopts the thematic and doctrinal methods of research. The paper adopts the analytical, critical, expository and comparative methods of presentation, with copious reference to the 1999 Constitution of the Federal Republic of Nigeria; Textbooks on Constitutional and Administrative Law and Human Rights Law; Statute books; Law Reports (Case Laws); National Assembly Gazettes, Local and International Journals as primary and secondary sources of material on the subject matter.
Administrative Adjudication, Administrative Tribunal, Disciplinary Proceedings, Fair Hearing, Human Rights, Right to Fair Hearing, Principles of Natural Justice
EXTENDED PRODUCER RESPONSIBILITY AND JUDICIAL ENFORCEMENT IN E-WASTE MANAGEMENT: A COMPARATIVE FRAMEWORK FOR NIGERIA'S LEGAL REFORM
Nigeria generates approximately 461,000 tonnes of electronic waste annually, ranking among Africa's largest e-waste producers, yet it lacks comprehensive regulatory frameworks for sustainable management.1 This study employs comparative legal analysis to examine Extended Producer Responsibility (EPR) frameworks and judicial enforcement mechanisms in Japan and India, extracting actionable insights for Nigeria's legal reform. Using doctrinal legal methodology supplemented by policy analysis, the research evaluates two distinct EPR models: Japan's consumer-funded system and India's certificate trading mechanism for informal sector integration. The central thesis argues that effective e-waste governance requires a synergistic combination of robust EPR legislation with proactive judicial enforcement, grounded in the ‘polluter pays’ principle and supported by institutional capacity building.2 Key findings reveal that successful EPR implementation depends on clear producer obligations, adequate financing mechanisms, and judicial willingness to enforce environmental accountability. Japan achieves 95% compliance through administrative efficiency and cultural compliance norms,3 while India's experience demonstrates both the potential and challenges of formalising informal recycling sectors.4 For Nigeria, the study recommends adopting a phased EPR framework that combines Japan's financing model with India's informal sector integration strategies, supported by expanded judicial standing for environmental litigation and specialised environmental courts.
E-waste Management, Extended Producer Responsibility, Environmental Law, Comparative Legal Analysis, Judicial Enforcement, Nigeria’s Legal Reform
Ibrahim Bello IBRAHIM; Bashir Abdullahi ISMAIL
REGULATORY FRAMEWORK FOR TAXING THE DIGITAL ECONOMY IN NIGERIA: CHALLENGES, COMPLIANCE STRATEGIES, AND REFORM PROSPECTS
The rapid expansion of the digital economy has challenged traditional tax systems worldwide, with Nigeria facing significant difficulties in taxing cross-border digital transactions under laws originally designed for physical commerce. This paper critically examines the legal and regulatory for taxing the digital economy in Nigeria, focusing on existing statutory provisions, enforcement mechanisms, and their alignment with global best practices. Using a doctrinal research method, the study analyzes key legislations such as the Finance Acts (2019-2023), Companies Income Tax Act, and Federal Inland Revenue Service (FIRS) Guidelines, complemented by a comparative review of OECD proposals and international models. Findings reveal that although Nigeria introduced Significant Economic Presence (SEP) rules to capture digital revenues, enforcement remains weak due to jurisdictional challenges, inadequate technological capacity, and low compliance by non-resident companies. The study further identifies policy inconsistencies and a lack of harmonization with global standards as major obstacles to effective digital taxation. It recommends adopting clearer nexus rules aligned with international frameworks, strengthening digital tax infrastructure, and fostering multilateral cooperation for information exchange to curb tax avoidance. The paper concludes that comprehensive reforms combining legal clarity, institutional capacity-building, and global collaboration are essential to ensure equity, compliance, and sustainable revenue generation in Nigeria’s evolving digital economy.
Digital Economy, Taxation, Benefit Principle, Theories of Tax, Justice, Ability to Pay Principle
Osawaru A. ERIMWINOROSEE; Parida ABE-DAVID