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.
APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR ENERGY SECURITY IN NIGERIA
This paper focused on the challenges of the legal and institutional framework for energy security in Nigeria while suggesting the way forward. The Modern world relies on a vast energy supply to fuel all economic activities such as transportation, communication, industrial processes, food production, education, security and health delivery systems. Oil is the main source of energy consumed in Nigeria and Nigeria is one of the leading energy giants in Africa due to its abundant natural resources such as crude oil, natural gas, lignite, bitumen, tar sands, hydroelectric power, and biomass. As a result, the country has been able to generate significant revenue from energy exports and the development of local industries. The energy situation in rural areas is particularly dire, with more than 70% of rural dwellers relying on fuel wood (firewood) as their primary source of energy. This has led to deforestation and desertification of the arid zone, as well as erosion in the southern zone, where firewood is used for both domestic and commercial purposes. The rate of deforestation in Nigeria is estimated to be almost 350,000 hectares per year, which is equivalent to 3.6% of the current area of forests and woodlands. The lack of access to electricity and petroleum products in rural areas exacerbates the problem, with the prices of petroleum products like kerosene and petrol often exceeding 200% of the official pump price in the country. In order to address the challenges of energy security, laws and institutions are enacted and established for the purpose. Finally, the way forward is that renewable sources of energy such as solar, wind and biomass technology should be developed so as to create maximum benefit at the grassroots level in both rural and urban settlements of Nigeria.
Petroleum, Energy Security, Legal Framework, Institutional Framework, Nigeria
THE LOST ART OF LEARNING LAW: REASSESSING MENTORSHIP, CHAMBERS TRAINING AND PROFESSIONAL FORMATION IN NIGERIA
The making of a competent lawyer extends beyond formal legal education. Historically, mentorship, chambers training and close professional supervision played a central role in the formation of legal practitioners, providing young lawyers with practical skills, ethical orientation and professional judgment that could not be acquired from classrooms alone. In contemporary Nigeria, however, concerns have emerged regarding the decline of structured mentorship and the increasing disconnect between academic legal training and professional practice. Many young lawyers enter the profession with strong theoretical knowledge but limited exposure to advocacy, client management, legal drafting, courtroom etiquette and professional responsibility. This article examines the changing role of mentorship and chambers training in Nigerian legal practice and evaluates their significance to professional formation. Drawing upon legal history, professional ethics, comparative experience and contemporary realities within the Nigerian Bar, the article argues that effective mentorship remains indispensable to the development of competent and ethical lawyers. It contends that the weakening of traditional mentoring structures has contributed to skill gaps within the profession and proposes reforms aimed at strengthening chambers-based training and intergenerational professional development. The article concludes that the future of legal excellence in Nigeria depends not only on legal education but also on the revival of meaningful mentorship within the profession.
Mentorship, Chambers Training, Legal Education, Professional Ethics, Nigerian Bar, Professional Formation
ENFORCEMENT OF ARBITRAL AWARDS UNDER THE ARBITRATION AND MEDIATION ACT 2023: HAS NIGERIA ADOPTED A TRULY PRO-ENFORCEMENT REGIME?
The enactment of the Arbitration and Mediation Act 2023 represents a watershed in Nigeria’s arbitration landscape, replacing the outdated Arbitration and Conciliation Act and aligning domestic arbitration law with international best practices. Central to this reform is the enforcement of arbitral awards, which constitutes the backbone of arbitration’s effectiveness as a dispute resolution mechanism. This article critically evaluates the enforcement regime for arbitral awards under the Arbitration and Mediation Act 2023 (AMA 2023) of Nigeria. The enforcement of arbitral awards both domestic and foreign is central to the utility and credibility of arbitration as an alternative dispute resolution mechanism. By aligning domestic law with the UNCITRAL Model Law and incorporating the New York Convention 1958, the AMA 2023 evidences a legislative policy aimed at limiting judicial intervention and promoting enforceability. This article further examines the key statutory provisions of sections 57-60, judicial interpretation of enforcement principles, and procedural mechanisms for enforcement. It argues that while the AMA 2023 advances a pro-enforcement framework, residual doctrinal ambiguities especially concerning the elasticity of public policy, inefficiencies and procedural delays may still continue to pose challenges to the realization of a fully effective enforcement regime. Finally, the article concludes that although the Act marks significant progress, Nigeria’s enforcement regime is only conditionally pro-enforcement, requiring further judicial and institutional reforms. Therefore, recommendations are made for judicial training, narrowed interpretation of public policy and procedural enhancements to ensure that enforcement practice aligns with legislative intent and international best practice.
Enforcement of Arbitral Awards, Arbitration and Mediation Act 2023, Public Policy, UNCITRAL Model Law, New York Convention, Nigeria
Amasiatu IFUNANYA; Ethelbert Obiorah EZEH
AFRICA’S RESPONSE TO MARITIME INSECURITY: AN APPRAISAL OF LEGAL AND INSTITUTIONAL FRAMEWORKS FOR CURBING MARITIME INSECURITY IN AFRICA
Piracy, armed robbery at sea, illegal fishing, trafficking, and maritime terrorism continues to undermine Africa’s economic stability, marine environmental sustainability, and regional integration. While examining the continental, regional, and national frameworks that govern maritime security, this paper undertook a legal evaluation of Africa’s response to these maritime threats. With special focus on the Gulf of Guinea and Nigeria marine environment, the paper critically assessed key institutional and legal frameworks such as the Lomé Charter, regional protocols like the Djibouti Code and the Yaoundé Code and national legislations like Suppression of Piracy and Other Maritime Offences Act (SPOMO), 2019 and NIMASA Act. Applying the doctrinal research methodology, this paper identified gaps in coordination, enforcement capacity and harmonization of domestic laws. The paper also evaluated the role of international conventions particularly UNCLOS, the SUA Convention, and SOLAS Convention in shaping African maritime governance. The findings suggest that although Africa has developed a robust normative foundation, operational challenges, limited resources, and fragmented institutional arrangements hinder effective maritime security within the region. The paper concludes by proposing strengthened legal harmonization, enhanced regional cooperation, and improved accountability mechanisms to bolster Africa’s capacity to address maritime insecurity comprehensively.
Piracy, IUU, UNCLOS, Gulf of Guinea, Gulf of Aden, Maritime
Ogugua V. C. IKPEZE; Chijioke Collins ANI
THE ROLE OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT) IN THE FIGHT AGAINST DOMESTIC VIOLENCE AND CHILD TRAFFICKING
The undeniable fact that the world today is a global village is a testament to the pivotal function of information and communications technology in virtually all facets of life and human engagements and interactions. From trade and commerce to sports, politics, administration of justice, diplomacy, education, security and so forth, the list of aspects of human endeavours that have been revolutionised by the evolution and utilisation of information and communications technology is endless. In the wake of the tremendously beneficial developments in information technology is the growing concern about domestic violence and child trafficking that are carried out through its use. These have also brought to the fore the need to examine how information technology has impacted on those deviant activities, and that is the objective of this article. In doing so, the methodology adopted is principally doctrinal, while the approach is interdisciplinary and comparative. It is the finding of this study that information technology has been utilised in perpetration and perpetuation of these vices as it has also been employed in checking or controlling them. It is thus recommended that as information technology is increasingly becoming a double-edged sword, it should be deployed more in curtailing than in facilitating domestic violence and child trafficking through taking proactive measures, faithful implementation of legislative prescriptions and administering deserving and deterring punishment on the offenders.
Domestic Violence, Child Trafficking, Information and Communications Technology, Role, Fight Against
AN EXAMINATION OF THE LEGAL FRAMEWORK FOR THE ARREST AND RELEASE OF SHIPS IN NIGERIA
The laws relating to the arrest of vessels in Nigeria originates from Statute and Case Law which were derived from and follow closely from the Admiralty Law and Practice in England. The enforcement of maritime claims, which includes the arrest of vessels, is governed by the Admiralty Jurisdiction Act, 1991 (the Act). The Admiralty Jurisdiction Procedure Rules (the Rules), 2023, are Rules made pursuant to the Act to guide procedural matters relating to maritime actions. It provides for the practice and procedure for the arrest of ships in Nigeria. On 18/05/2023 the Chief Judge of the Federal High Court enacted the Rules which effectively repealed the 2011 rules. The new Rules introduced significant innovations to ship arrest practice in Nigeria, one of which is the power of the Federal High Court to arrest a ship to aid a foreign court, or an arbitration commenced within or outside Nigeria. Decisions of Nigerian Courts of Record constitute case law and are often reported in Law Reports for reference purposes. Nigeria, being a common law country, recognises the principles of stare decisis and judicial precedent. As such, decisions of Superior Courts are binding on Lower Courts where the issues are essentially the same or similar.
Arrest, Ship, Vessel, Arbitration, Legal Framework, Nigeria
A REVIEW OF DIGITAL REFORMS UNDER THE 2025 NIGERIAN TAX REGIME
It is incontrovertible that Nigeria's 2025 tax reforms place much premium on digitization and digital harmonization of different tax processes and administration. The puzzle that underpins this paper is the sustained inefficiency, compliance shortfalls and administrative opacity that has typified Nigeria’s tax regime for so long thereby constraining its ability to drive development. This study seeks to investigate the breadth and the legal foundation as well as the practical effects of a series of digital reforms that came into force under 2025, in particular their implications for compliance, accountability, and taxpayer engagement. Applying a doctrinal legal methodology, the study examines legislative instruments, policy statements and court decisions to assess levels of convergence with global benchmarks in digital tax. This study argues that despite the fact that the 2025 digital tax skeleton is progressive in theory, it suffers from structural and infrastructural limitations that may impede its full realisation. The paper recommends that continued coordination by institutions, cybersecurity considerations and taxpayer education etc. are essential to the successful long-term transition of Nigeria into digital tax. It proposes the reinforcing of regulatory frameworks and harmonisation of data systems, while integrating digital ethics into tax governance.
Digital Taxation, Fiscal Reform, Compliance, E-Governance, Legal Framework, Nigeria
LEGAL REGIME FOR COMPENSATION IN NIGERIA'S OIL SPILL INCIDENTS: AN ANALYSIS OF THE PETROLEUM INDUSTRY ACT 2021
This study examines the legal framework for compensation for victims of oil pollution in Nigeria, with a particular focus on the provisions outlined in the Petroleum Industry Act (PIA) of 2021. Despite the PIA’s efforts to streamline compensation processes, challenges remain in ensuring timely and adequate compensation for affected communities in the Niger Delta. The article explores the key provisions of the PIA related to oil spill compensation, including the establishment of the Host Community Development Trust Fund (HCDTF) and the role of regulatory bodies such as the National Oil Spill Detection and Response Agency (NOSDRA). It also highlights the legal hurdles, including bureaucratic inefficiencies, corporate resistance, and delays in the judicial process, that continue to undermine the compensation system. Drawing on case studies such as the Bodo community lawsuit and the Ogoni land dispute, the article provides lessons for reforming Nigeria’s compensation mechanisms. It proposes recommendations, including increasing the allocation to the HCDTF, strengthening enforcement mechanisms, streamlining the claims process, and ensuring greater community involvement in decision making. Ultimately, the article advocates for comprehensive legal reforms to ensure that victims of oil pollution receive timely compensation and environmental justice, thereby contributing to sustainable development in the Niger Delta.
Oil Pollution, Compensation Mechanisms, Environmental Justice, Petroleum Industry Act (PIA) 2021, Oil Spill Remediation, Nigeria
DIGITAL SURVEILLANCE, PRIVACY RIGHTS, AND INTERNATIONAL HUMAN RIGHTS LAW IN THE 21ST CENTURY
The proliferation of digital surveillance technologies in the twenty-first century has generated profound tensions with the international human right to privacy. This article employs doctrinal legal methodology to examine the normative framework governing digital surveillance under international human rights law, with particular attention to Article 17 of the International Covenant on Civil and Political Rights, Article 8 of the European Convention on Human Rights, and the jurisprudence of the Human Rights Committee, the European Court of Human Rights, and the Court of Justice of the European Union. The article analyses the definitional scope of the right to privacy in digital environments; maps State obligations regarding legality, necessity, and proportionality of surveillance measures; interrogates the extraterritorial dimensions of digital surveillance; evaluates the intersection of surveillance with other fundamental rights including freedom of expression and non-discrimination; and critically assesses the challenges posed by mass surveillance programmes, commercial data exploitation, and artificial intelligence-enabled surveillance. The article concludes that the existing framework of international human rights law, while providing a sufficient normative foundation, requires significant institutional reinforcement, modernization of treaty interpretation, and genuine political commitment from States to curb the excesses of the surveillance state and its commercial analogues.
Digital Surveillance, Right to Privacy, International Human Rights Law, Data Protection; Extraterritorial Jurisdiction, 21st Century
RESOLUTION OF INTERNATIONAL DISPUTES: ADVANTAGES OF AFRICA’S SUPRANATIONAL COURTS COMPARED TO NATIONAL COURTS
In man’s daily interactions either politically, commercially or in business life and even in family setting, disputes are bound to arise. States or nations took care of these disputes by setting up courts or tribunals which were vested with coercive powers to settle, or adjudicate on same and enforce such decisions. As time went on, these disputes arose at the international levels which were later labeled ‘International disputes.’ The International Community through the instrumentality of the United Nations set up the International Court of Justice and later the International Criminal Court (ICC) to handle these international disputes. For reasons bordering mainly on culture and political setting, Africa did not take the opportunity to set up its own, at the same time as Europe and America. However, as a result of the need for economic integration and to reap the fruits of globalization, Africa set up its own supranational or regional courts starting first with the African Court on Human and Peoples’ Rights and latter, the ECOWAS Court of Justice, the East African Court of Justice, the South African Development Community Tribunal, SADC and the OHADA Common Court of Justice and Arbitration (CCJA). Nevertheless, because of Africa’s peculiarity in terms of historical evolution of its supranational courts which may have been ignored for some time now there is the need to treat it in an article of this nature. This article not only made a big attempt to treat their historical evolution but also compared the advantages of these supranational courts to that of the national courts of the continent in the resolution of international disputes and concluded that Africa’s supranational courts are still relatively young compared to that of Europe and America but also a necessity in the resolution of international disputes compared to national courts existing in the continent. This work was purely doctrinal based.
Resolution of International Disputes, Supranational Courts, National Courts, Africa, Advantages, Comparison
Monday Cyriacus UWASOMBA; A. C. AKPUNONU
MYRIADS OF UNDER-ENFORCED LEGISLATION: THE GAP BETWEEN ENVIRONMENTAL LAWS ENFORCEMENT AND REGULATIONS IN THE OIL AND GAS SECTOR IN NIGERIA
Despite having a robust framework of environmental laws and regulations, Nigeria’s oil and gas industry continues to grapple with its practice and regulation. This study examines the gap between environmental laws and regulations and their enforcement in the oil and gas industry in Nigeria, particularly in the Niger Delta. Using doctrinal research methodology, and a critical analysis of existing literature, texts, academic writings, journals, laws, and policies, this research identifies the historical, institutional, and socio-political factors that contributes to the ineffective enforcement of environmental legislations. Findings reveal that while Nigeria has several legislations meant for the regulation of the oil and gas industry and the protection of the environment, a complex snare of challenges, including weak enforcement, institutional challenges, inadequate funding, multiplicity and duplicity of the duties and functions of these laws and the non- justiciability of environmental rights under the 1999 constitution hinders their effectiveness. This paper contributes to the understanding of the dynamics of environmental governance in Nigeria’s oil and gas industry and highlights the need for a more effective and inclusive approach to environmental regulations and enforcement, and advances recommendations on policy reforms including amendment of the constitution, strengthening the requisite existing institutions, community engagement and integration to bridge the gap between environmental laws and regulations and their enforcement in the drive to strike a balance in environmental protection and ultimately promoting sustainable development and environmental harmony and justice in Nigeria.
Environmental Laws and Regulations, Oil and Gas Sector, Unenforced, Gap, Nigeria
Agbaovwe Emmanuel OTURUHOYI; Yahaya Ibrahim ABIKAN; Haruna Olusegun ADEKUNLE
APPRAISAL OF THE EFFECTS OF COLLATERALIZATION OF LOANS ON ACCESS TO BANK CREDITS: MORTGAGE IN PERSPECTIVE
One of the functions of commercial banks is to provide credit facilities like loans to customers. Access to bank loans is extensively predicated on the borrower’s capacity to furnish the required collaterals to secure the loan. Mortgage is a major form of collateral security for bank loans. For the lending banks, mortgage security is designed to safeguard them from suffering loss resulting from non-repayment of loans, while the borrowers are expected to furnish the mortgage property. The question now is: to what extent has mortgage security affected access to bank loans? This article, inter alia examines the effects of mortgage on access to bank loans. It recommends viable ways of enhancing and accelerating mortgage secured access to bank credits. This work will be beneficial to corporate entities and individuals who may be interested in accessing bank loans. The research adopts doctrinal approach with primary and secondary sources of data including statutes, judicial precedents, textbooks, journals and internet sourced materials. It is recommended that a charge by way of mortgage should be placed on business capitals and assets acquired with bank loans, in the event of the borrower’s inability to afford a collateral for mortgage security prior to the lending.
Collateralization of Loans, Access to Bank Credits, Mortgages, Security, Effects
DIGITAL TRANSFORMATION AND CORPORATE REGULATION IN NIGERIA: LEGAL CHALLENGES OF FINTECH, CRYPTOCURRENCY, AND VIRTUAL CORPORATE TRANSACTIONS
The most profound transformation of the African digital economy has been driven by Nigeria. By virtue of having over 142 million active subscribers on the internet, the existence of over 3,360 startup fintech, and e-payments transactions valued at 3.1 quadrillion Naira (approximated as USD 2.03 Trillion as of 2024), Nigeria can arguably be stated to be home to the most dynamic digital financial market on the African continent. The rapid pace of this digital transformation has unearthed a myriad of regulatory and legal issues, some of which the established legal and corporate law regime, being hinged on physically established commercial relationships, may not adequately or holistically address. This paper conducts a doctrinal and comparative legal analysis of the most prominent legal issues emanating from the intersection of three areas of digital transformation in Nigeria namely; regulation of fintech and digital payment systems; the framework of governance of crypto currency, virtual assets and other blockchain-based financial products; and the regulation of virtual corporate transactions such as virtual contracts and general meetings, digital signatures and online dispute resolution. Against a backdrop of new legislation including the Investment and Securities Act 2025, the Nigeria Data Protection Act 2023 and its General Application and Implementation Directive 2025, Business Facilitation (Miscellaneous Provisions) Act 2022, the National Digital Economy and E-Governance Act 2024, FCCPC Digital, Electronic, Online or Non-Traditional Consumer Lending Regulations 2025 as well as other substantial regulatory enforcement activities like the Binance prosecution and a USD 220 million fine issued to Meta, the paper identifies five cross cutting legal challenges namely: regulatory fragmentation and overlaps, lack of adequate consumer protection in digital financial transactions; challenges of data governance in the digital space; the ambiguity of digital assets as legal subjects; and authentication and evidentiary issues in the context of virtual corporate governance. The paper ends with reform proposals that will ensure a coherent and adaptable legal structure for the success of Nigeria’s digital economy dreams.
Fintech and Cryptocurrency, Digital Transformation, Virtual Transactions, Consumer Protection, Corporate Regulation, Nigeria
WHO BEARS THE BURDEN? ORPHANED OIL ASSETS AND DECOMMISSIONING OBLIGATIONS IN NIGERIA UNDER THE PETROLEUM INDUSTRY ACT 2021
This study examined orphaned oil and gas assets as significant legal, environmental, and financial challenges in petroleum producing jurisdictions, particularly Nigeria. It analysed the Petroleum Industry Act (PIA) and its framework for decommissioning and abandonment (D&A), focusing on funding mechanisms, regulatory oversight, and compliance obligations for license holders. The study found that the PIA improved the previously fragmented regulatory regime by establishing clear decommissioning obligations and dedicated abandonment funds, thereby enhancing financial preparedness and regulatory control. However, important gaps remain. Ambiguities persist regarding residual liability where decommissioning funds are insufficient, especially when operators become insolvent or fail to meet their obligations. Uncertainties also exist concerning the responsibilities of regulators and the state, as well as the legal framework for third party intervention in decommissioning activities. The study concluded that the PIA, despite its reforms, does not fully eliminate the risk of orphaned assets and recommended further legal and institutional strengthening.
Orphaned Petroleum Assets, Environment, PIA 2021, Decommissioning
TAMING JUDICIAL DISCORD: ADDRESSING THE MENACE OF CONFLICTING DECISIONS IN NIGERIAN COURTS
The Nigerian judiciary occupies a central position in the constitutional architecture of the Federal Republic of Nigeria. Its courts are constitutionally vested with the power to administer justice and protect the rights of citizens. Yet a growing and deeply troubling menace has gradually undermined the credibility of these institutions, through the proliferation of conflicting judicial decisions among courts of coordinate jurisdiction. This article examines the systemic factors that breed judicial discord in Nigeria, including the inconsistent application of the doctrine of stare decisis, jurisdictional overlaps, forum shopping, inadequate access to legal precedents, and political interference in the judicial appointment process. Drawing on relevant case law, comparative jurisprudence from the United Kingdom, South Africa, India, and the United States, as well as institutional and legislative analysis, the article argues that the problem of conflicting judgments is not merely a technical or procedural deficiency; it is a fundamental threat to legal certainty, democratic governance, and the rule of law. The article further contends that solving this problem requires a multi-layered institutional response. This will include strengthening precedential discipline, developing a centralised national legal database, mandatory and structured judicial education, constitutional activism by superior courts, and reinforced oversight by the National Judicial Council. The article concludes by arguing that the long-term legitimacy of the Nigerian judiciary depends on its capacity to speak with one consistent, principled voice.
Stare Decisis, Conflicting Judgments, Judicial Consistency, Forum Shopping, Judicial Activism, Nigeria
Journals LAW AND SOCIAL JUSTICE REVIEW, VOLUME 6 NO 3, 2026
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